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

Vol. 160 WASHINGTON, THURSDAY, DECEMBER 4, 2014 No. 147 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING graduate studies at Harvard and called to order by the Honorable JOHN PRESIDENT PRO TEMPORE Princeton. E. WALSH, a Senator from the State of The PRESIDING OFFICER. The For the past 25 years he has rep- Montana. clerk will please read a communication resented the parent church of his de- f to the Senate from the President pro nomination in governmental affairs, providing liaison service to the various PRAYER tempore (Mr. LEAHY). The bill clerk read the following let- agencies of the government as well as The PRESIDING OFFICER. Today’s ter: to Congress. opening prayer will be offered by Dr. I personally have known Dr. French U.S. SENATE, Calvin V. French, Pastor Emeritus, for going on almost 50 years now. When Community of Christ Church, in Wash- PRESIDENT PRO TEMPORE, Washington, DC, December 4, 2014. we first met in Iowa, his now deceased ington, DC. To the Senate: wife LaVon was a great friend of my The guest Chaplain offered the fol- Under the provisions of rule I, paragraph 3, wife’s. They were lawyers together in lowing prayer: of the Standing Rules of the Senate, I hereby Iowa. We were close family friends, and Shall we pray. appoint the Honorable JOHN E. WALSH, a this brings back so many fond memo- Almighty God, we come as children Senator from the State of Montana, to per- ries of our times together in Iowa and in our Father’s house, asking that we form the duties of the Chair. later on. may envision the same spirit of our PATRICK J. LEAHY, President pro tempore. I would note that Dr. French’s grand- Founding Fathers—that we are one na- daughter Dr. Kelsey French is here in tion under God. May this oneness of Mr. WALSH thereupon assumed the the gallery today with her husband spirit and purpose prevail that our leg- Chair as Acting President pro tempore. Vince Bzdek, the news editor for the islation will be seamless. f Washington Post. Their two children The challenges we face are difficult, are also here today Zola and Xavier but we turn to You asking for wisdom RECOGNITION OF THE MAJORITY LEADER who is celebrating his birthday today. to interpret rightly the signs of our Xavey is 13 years old today, so he was times. Through our prayer, O God, in The ACTING PRESIDENT pro tem- able to be here to see his grandfather our search for understanding, we re- pore. The majority leader is recog- give the opening prayer of the Senate. peat our solemn oath of office: ‘‘So nized. I also note that in 1975, when I first help me God.’’ Mr. REID. Mr. President, I yield to came to the House of Representatives, We remember those who have served my friend, the junior Senator from I invited Dr. French to give the open- in this Chamber and will soon be leav- Iowa. ing prayer in the House. So now, al- ing. Grant to them peace of mind, joy- The ACTING PRESIDENT pro tem- most 40 years later, I am privileged to ful hearts, and hallowed memories, re- pore. The Senator from Iowa. have had him here to give the closing minding them that when they were in prayer before I retire from the Senate. the service of their fellow beings, they f Dr. French, I would say, is someone I have been doing Your work. WELCOMING THE GUEST have admired for his commitment not In this Advent season, may we be CHAPLAIN only to his church but the broader comforted by the words of Isaiah 9:6, Mr. HARKIN. I wish to take a mo- commitment he has had to humanity, ‘‘The government shall be upon His ment to introduce and thank our guest to all that he has done to infuse—and shoulders, and His name shall be called Chaplain today. all around him—a spirit of kindness, Wonderful Counselor, the mighty God, Dr. Calvin French is the pastor emer- generosity, and a spirit of under- the everlasting Father, the Prince of itus for the Community of Christ standing that while we may be dif- Peace.’’ May this counsel guide us as Church in Washington, DC, where he ferent in so many ways, we are all the we do our work this day. Amen. served that congregation for 30 years same in our humanity. He is one of the f before retiring. He has served as a pas- most wonderful human beings I have PLEDGE OF ALLEGIANCE tor for 60 years of his life, considerably had the privilege of knowing and being The Presiding Officer led the Pledge more than, I would note, my 40 years in with in my lifetime. of Allegiance, as follows: Congress. I say to my good friend, Dr. Calvin I pledge allegiance to the Flag of the Calvin French, Dr. French, is a na- French, thank you. Thank you for all United States of America, and to the Repub- tive of Iowa. He holds degrees from the your pastoral work. Thank you for lic for which it stands, one nation under God, University of Iowa, Graceland College, your leadership and your guidance indivisible, with liberty and justice for all. and Drake University in addition to his through the past 50 years of my life.

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

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VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.000 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6316 CONGRESSIONAL RECORD — SENATE December 4, 2014 I yield the floor. proven himself a remarkably successful They have plenty of stories from the The ACTING PRESIDENT pro tem- Member of this body. trail, too, but one from MIKE ’s run for pore. The majority leader. That was true in his successful bat- Governor stands out particularly. This f tles to defend Nebraska’s rural commu- is what happened: The Johanns were nities against government overreach, it driving home after a long day of SCHEDULE was true when he worked with the late marching in parades in the hot Sun. Mr. REID. Mr. President, following Senator Byrd to sink a national energy They passed a barn on the way, assum- my remarks and those of the Repub- tax that threatened his constituents, ing it was a cattle sale. They figured lican leader, the Senate will proceed to and it was true when he led the first they would drop in and press a few executive session, with the time equal- successful legislative effort to revisit palms. Stephanie parked the car, MIKE ly divided and controlled between the ObamaCare, working with many Demo- opened the door, and dozens of well- two leaders or their designees. crats to repeal the so-called 1099 provi- dressed Nebraskan eyes fell on them. At 10 a.m. the Senate will proceed to sion. The Johanns, in their sweaty T- five rollcall votes on confirmation of MIKE has never looked for drama. He shirts, hadn’t dropped by a cattle sale; Franklin Orr to be Under Secretary for is always aiming for results. So it they had crashed a wedding. I will give Science, Department of Energy; Joseph didn’t take long for people in the Sen- them this, they made the best of it. Hezir to be Chief Financial Officer for ate to recognize that MIKE was more MIKE ended up dancing with the bride, the Department of Energy; and cloture than just another freshman in the mi- and of course he went on to win the on the nominations of Gregory N. Stiv- nority. He became the guy you would election as well. ers to be U.S. district judge for the turn to if you wanted to get an amend- This is the sequel: Months later, at Western District of Kentucky; Joseph ment up to 60 votes. an inaugural ball in Lincoln, two That is truly remarkable for a first- F. Leeson to be U.S. district judge for uninvited guests showed up. It was, of term Senator. It is especially remark- the Eastern District of Pennsylvania; course, the bride and her husband. able when we consider that MIKE came and Lydia Kay Griggsby to be a judge They had a simple message: ‘‘You to the Senate at a time when Repub- crashed our wedding, Governor, and of the U.S. Court of Federal Claims. licans were in the deep minority. But There will be another series of up to now we’re crashing your inaugural.’’ then again, MIKE is a very remarkable six rollcall votes at 1:45 p.m. So the senior Senator from Arizona guy: county commissioner, city coun- may like to brag about his Hollywood f cilman, mayor, Governor, Secretary of cameo with Vince Vaughn, but our col- COST OF HEALTH CARE Agriculture. You name it, MIKE has leagues know the truth. Senator MIKE done it, and that was before he even set Mr. REID. Mr. President, a brief JOHANNS is the original—the original— foot in the Senate. wedding crasher. word. I was struck this morning by Some think MIKE must have a secret MIKE and Stephanie certainly have looking at the newspapers and listen- that allows him to assemble bipartisan ing to the news that: traveled a long and interesting road coalitions on conservative issues, but I from when they first met while serving Spending on health care in the United don’t think it is much of a secret at on the Lancaster County Board in the States grew in 2013 at the lowest rate since all. MIKE works across the aisle. He 1980s, when MIKE would draft up walk- the Federal Government began tracking it in works in good faith, and he works hard. ing lists on an old typewriter and they 1960. . . . He doesn’t care what party you are It was the fifth straight year of exception- would go out and campaign door to from and absolutely no one can out- ally small increases in the closely watched door. work him. indicator. The data defied critics who had A lot has changed. For one thing, MIKE makes sure of that by getting said such growth would not continue for long MIKE isn’t a Democrat anymore. But once the recession ended in mid-2009. up earlier than anyone else. It is a habit he learned growing up on a farm much is the same too. MIKE still cares Health care spending was up last deeply about mental health issues. It is year but only 3.6 percent. It is very re- in northern Iowa. He would get up at 5 a.m. every day and then from age 4 he what brought him into politics in the markable. first place. It is what he considers his As I indicated: would work. He would shovel muck. He would fill the hog tanks. He would even crowning achievement as Governor. He The 3.6 percent increase in 2013 is the low- deliver piglets. still has loyal fans on staff who remem- est increase on record in the national health The point is, MIKE developed an ap- ber all of his efforts on the issue. expenditures going back to 1960. preciation for hard work and responsi- It is a rare thing, the loyalty MIKE f bility at an early age. Along with his inspires in people. This is the Senator with staffers who have been with him RECOGNITION OF THE MINORITY strong Catholic faith, these are the for many years, some since his days in LEADER traits that still define him today, but they don’t paint the whole picture, be- local politics, and here is what they all The ACTING PRESIDENT pro tem- cause MIKE JOHANNS may be an accom- say about MIKE JOHANNS: Senator pore. The Republican leader is recog- plished man, he may be one of the JOHANNS is a man who cares—cares nized. smartest and most capable public serv- about his family, he cares about the f ants you will ever meet, but he is abso- people who work for him, and he cares about his constituents. That is why he TRIBUTE TO MIKE JOHANNS lute putty in the hands of his wife Stephanie. She is always by his side. has given his cell phone out to half of Mr. MCCONNELL. Mr. President, I She is his best friend, and they com- Nebraska. wish to pay tribute to a truly out- plement each other perfectly. He has made his mistakes, of course. standing Senator, who will soon retire Their idea—listen to this—of a per- As mayor of Lincoln, he had to cancel from this body after more than 30 years fect night out is a night in together. Halloween one year. But that is old of public service. They are both Husker fans and, as news. To many Nebraskans he is still Of course, I am speaking of Senator MIKE put it, ‘‘Steph is almost never in Governor, to others he is simply MIKE. MIKE JOHANNS. MIKE has had a remark- a bad mood.’’ He said: ‘‘She jumps out But whatever Nebraskans call MIKE able career. He is the only current of bed, and she’s got a big smile on her JOHANNS, they respect him, and I know Member of this body—besides Senator face and she thinks this is bound to be they are going to miss him. And so are ALEXANDER—who has served as Sen- the best day of her life.’’ we. ator, Governor, and Cabinet Secretary. It is a personality perfectly suited, as At least retirement will give MIKE Yet for all he has accomplished, MIKE one can imagine, to the campaign trail, more time to pursue his hobbies. We isn’t the flashiest Senator. He doesn’t which is a good thing because the two hear he is a voracious window washer. hold the most press conferences, he of them have logged tens of thousands He has even been known to pull out the doesn’t yell the loudest, and you never of miles together campaigning across Windex on vacation. Whatever he does, have to worry about him knocking you Nebraska, usually in matching T- we know this is a retirement that is over to get to a TV camera, but in his shirts, sometimes in a beat-up old Cor- well earned. He has dealt with bird flu, steady and determined style, MIKE has sica. mad cow disease, the farm bill, deficit

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.002 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6317 reduction, and just about any other The ACTING PRESIDENT pro tem- she is confident in herself and her team issue you can think of over a long and pore. Under the previous order, the and that she will be able to come home distinguished career in public service. time until 10 a.m. will be equally di- safely. We all want to thank Senator vided and controlled between the two To stop this epidemic, we need many JOHANNS for his loyal and dedicated leaders or their designees. things. First and foremost we need service to the Senate and to the people The assistant majority leader. more people like Nurse Teasley. The of Nebraska. We wish MIKE and Steph- CHICAGO NURSE CARES FOR EBOLA PATIENTS IN Federal Government is seeking medical anie the best as they look forward to LIBERIA professionals to work in the 23 Ebola their next adventure together. Mr. DURBIN. Mr. President, the holi- treatment units being established in The ACTING PRESIDENT pro tem- day rush is underway and millions of Liberia. While the number of volun- pore. The majority leader. Americans are decorating, shopping, teers increased steadily this fall, it did Mr. REID. Mr. President, I want to and preparing to spend Christmas, Ha- drop off a bit when there was confusion join in the remarks of the distin- nukkah, and Kwanzaa with their loved over quarantine policies for returning guished Republican leader, but add to ones. I want to draw attention to one medical workers. With time and per- that that Stephanie is one of the fun- woman from Illinois who is doing spective, this confusion seems to be niest people Landra and I have ever something very different. settling. Illinois has brought its quar- known. She has a great sense of humor. Janet Teasley is a registered nurse in antine policy in line with that of the What the Republican leader laid out is Chicago. She has volunteered to spend Centers for Disease Control. With a sci- perfect, except this woman has a sense her holiday season in Liberia treating entifically grounded and carefully of humor that is really quite remark- patients with the potentially deadly measured approach, the hope is health able. Ebola virus. care workers with the same passion I suggest the absence of a quorum. When Janet Teasley first told her and courage as Nurse Janet Teasley The ACTING PRESIDENT pro tem- family and coworkers of her plan, she will volunteer to help those in need. pore. Will the Senator withhold his re- says she encountered some resistance. I met with Tom Frieden, Director of quest? One doctor with whom she works was the CDC, a couple of weeks ago. He and Mr. REID. Yes, Mr. President. only half kidding when he said he members of the international public The ACTING PRESIDENT pro tem- thought she was crazy. But once he re- health community maintain that the pore. The Senator from Nebraska. alized she was serious, the doctor told way to control the spread of Ebola is to Mr. JOHANNS. Mr. President, just a Teasley he admired her. I share that contain the virus at its source. To prepare for the possibility of word or two to both leaders. Thank you admiration. Ebola patients here in America and to so much for your kind words. I also The U.S. Agency for International help with containment overseas, the want to say thank you for mentioning Development estimates that nearly Obama administration has requested my wife Stephanie. This has been a re- 16,000 people have contracted the Ebola $6.18 billion in emergency funding, in- markable partnership for a lot of years, virus. Nearly 6,000 have died. Today, it cluding $1.83 billion for the CDC. I sup- and I could not have done what I did is estimated that 7,000 people in Libe- ria, where Janet Teasley is volun- port the President. without her. So thank you to Senator Janet is a valuable and commendable teering, have Ebola. She is helping MCCONNELL. Mr. Leader, thank you. It part of this effort, and I hope people some of the neediest patients in that has been an honor to serve in this body. will hear her story and the stories of country that has been the hardest hit I will have more to say next week in people like her and support the efforts by this disease. my farewell speech, but I did not want of the United States in Liberia. this day to go by without expressing Although Ebola has been contained VOTE ON ORR NOMINATION my appreciation. Thank you. so far here in the United States, the outbreak is still raging in parts of West The ACTING PRESIDENT pro tem- I yield the floor, and I suggest the ab- pore. The question now occurs on the sence of a quorum. Africa. Teasley is part of a wave of U.S. health care workers being recruited to Orr nomination. The ACTING PRESIDENT pro tem- The question is, Will the Senate ad- help stop the spread of the disease in pore. The clerk will call the roll. vise and consent to the nomination of Liberia, Sierra Leone, Guinea, and now The bill clerk proceeded to call the Franklin M. Orr, Jr., of California, to roll. Mali. be Under Secretary for Science, De- Teasley got involved through Mr. DURBIN. Mr. President, I ask partment of Energy? unanimous consent that the order for AmericaCares, which is one of about The nomination was confirmed. 150 nonprofits working with our gov- the quorum call be rescinded. f The ACTING PRESIDENT pro tem- ernment to recruit workers nation- pore. Without objection, it is so or- wide. NOMINATION OF JOSEPH S. HEZIR dered. Teasley has been a nurse for 17 years, TO BE CHIEF FINANCIAL OFFI- working in emergency care and infec- CER, DEPARTMENT OF ENERGY f tious disease units, most recently at The ACTING PRESIDENT pro tem- RESERVATION OF LEADER TIME Holy Cross Hospital in Chicago—a hos- pore. The clerk will report the nomina- The ACTING PRESIDENT pro tem- pital which I know well in the inner tion. pore. Under the previous order, the city, which serves some of the poorest The bill clerk read the nomination of leadership time is reserved. families in our town. Joseph S. Hezir, of Virginia, to be Chief Now she will spend 8 weeks in f Financial Officer, Department of En- Buchanan, Liberia, training and then ergy. EXECUTIVE SESSION treating patients. She explains: The ACTING PRESIDENT pro tem- I came here for a purpose, and I want to see pore. There will now be 2 minutes of that through. . . . I honestly believe no man debate prior to a vote on the nomina- NOMINATION OF FRANKLIN M. is an island; each man’s death diminishes tion. ORR, JR., TO BE UNDER SEC- me. That’s why I became a nurse. Mr. HELLER. Mr. President, I am op- RETARY FOR SCIENCE, DEPART- Teasley’s daughter Danica Miller posed to the nomination of Joseph S. MENT OF ENERGY wasn’t surprised by her mom. She says Hezir for the position of Chief Finan- The ACTING PRESIDENT pro tem- for leisure, her mom doesn’t read nov- cial Officer, CFO, at the Department of pore. Under the previous order, the els but pours over books about infec- Energy, DOE. The CFO position plays Senate will proceed to executive ses- tious diseases. an influential policy role within the sion to consider the following nomina- Despite her family’s support, Teasley DOE, overseeing all financial matters tion, which the clerk will report. is conscious of the increased risk she and ensuring the successful implemen- The bill clerk read the nomination of faces. In fact, many of those who have tation of Departmentwide policies. Franklin M. Orr, Jr., of California, to fallen ill have been health care workers Given that Mr. Hezir, as recently as 2 be Under Secretary for Science, De- themselves. Teasley is just sure she is years ago, lobbied the Obama adminis- partment of Energy. not going to be one of them. She says tration and Congress in favor of Yucca

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.004 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6318 CONGRESSIONAL RECORD — SENATE December 4, 2014 Mountain, an issue my State vehe- Joseph S. Hezir, of Virginia, to be Chief The legislative clerk read as follows: mently opposes and I have diligently Financial Officer, Department of En- CLOTURE MOTION fought to block and defund in Congress, ergy? I simply cannot support his nomina- The clerk will call the roll. We, the undersigned Senators, in accord- tion. The bill clerk called the roll. ance with the provisions of rule XXII of the I have worked closely with our con- Mr. DURBIN. I announce that the Standing Rules of the Senate, hereby move to bring to a close debate on the nomination gressional delegation over the past 8 Senator from Louisiana (Ms. LAN- of Gregory N. Stivers, of Kentucky, to be years to fight efforts from outsiders to DRIEU), the Senator from Vermont (Mr. United States District Judge for the Western force nuclear waste on the State of Ne- LEAHY), the Senator from Michigan District of Kentucky. vada. That includes defunding DOE ef- (Mr. LEVIN), the Senator from West Harry Reid, Patrick J. Leahy, Chris- forts to advance the project and dili- Virginia (Mr. ROCKEFELLER), and the topher Murphy, Christopher A. Coons, gently questioning all DOE and Nu- Senator from Colorado (Mr. UDALL) are Dianne Feinstein, Richard J. Durbin, clear Regulatory Commission, NRC, necessarily absent. Richard Blumenthal, Brian Schatz, nominees on their perspective regard- Mr. CORNYN. The following Senators Debbie Stabenow, Michael F. Bennet, ing long-term nuclear waste storage. are necessarily absent: the Senator Jeff Merkley, Patty Murray, Barbara Boxer, Edward J. Markey, Al Franken, from Oklahoma (Mr. COBURN), the Sen- The 2012 Blue Ribbon Commission Re- Tom Harkin, Sheldon Whitehouse. port on America’s Nuclear Future pro- ator from Mississippi (Mr. COCHRAN), vides a path forward for safe, respon- and the Senator from Texas (Mr. CRUZ). The ACTING PRESIDENT pro tem- sible nuclear waste storage so our Na- The ACTING PRESIDENT pro tem- pore. By unanimous consent, the man- tion can move beyond Yucca Mountain pore. Are there any other Senators in datory quorum call has been waived. once and for all. My litmus test for any the Chamber desiring to vote? The question is, Is it the sense of the nominee involved in nuclear waste dis- The result was announced—yeas 89, Senate that debate on the nomination posal programs is support of the con- nays 3, as follows: of Gregory N. Stivers, of Kentucky, to sent-based approach recommended in [Rollcall Vote No. 308 Ex.] be United States District Judge for the that report. YEAS—89 Western District of Kentucky, shall be Mr. Hezir’s nomination comes before Alexander Graham Murray brought to a close? the Senate today without one hearing Ayotte Grassley Nelson The yeas and nays are mandatory in the Energy and Natural Resources Baldwin Hagan Paul Committee. It is the unique responsi- Begich Harkin Portman under the rule. Bennet Hatch bility we hold as United States Sen- Pryor The clerk will call the roll. Blumenthal Heinrich Reed ators to carefully examine nominees Blunt Heitkamp Reid The legislative clerk called the roll. Booker for influential positions in the execu- Hirono Risch Mr. DURBIN. I announce that the tive branch, like the CFO at the DOE— Boozman Hoeven Roberts Boxer Inhofe Rubio Senator from Louisiana (Ms. LAN- providing advice and consent. As a Brown Isakson Sanders DRIEU), the Senator from Vermont (Mr. Burr Johanns member of the Senate Committee on Schatz LEAHY), the Senator from West Vir- Cantwell Johnson (SD) Energy and Natural Resources, that Schumer Cardin Johnson (WI) ginia (Mr. ROCKEFELLER), and the Sen- has jurisdiction over this position at Scott Carper Kaine ator from Colorado (Mr. UDALL) are Sessions the Department of Energy, I take this Casey King necessarily absent. responsibility seriously and deeply re- Chambliss Kirk Shaheen Shelby gret that I was not afforded that oppor- Coats Klobuchar Mr. CORNYN. The following Senators Collins Lee Stabenow are necessarily absent: the Senator tunity given the importance of this po- Coons Manchin Tester OBURN sition. Corker Markey Thune from Oklahoma (Mr. C ), the Sen- Nevadans have the right to be safe in Cornyn McCain Toomey ator from Mississippi (Mr. COCHRAN), their own backyards. I recognize the Crapo McCaskill Udall (NM) and the Senator from Texas (Mr. CRUZ). Donnelly McConnell Vitter need to address the problem of spent Durbin Menendez Walsh The ACTING PRESIDENT pro tem- nuclear fuel, but Nevada, a State with- Feinstein Merkley Warner pore. Are there any other Senators in out any nuclear powerplants, should Fischer Mikulski Warren the Chamber desiring to vote? not bear the sole burden of long-term Flake Moran Whitehouse Franken Murkowski Wicker The yeas and nays resulted—yeas 69, storage of the Nation’s nuclear waste. I Gillibrand Murphy Wyden nays 24, as follows: have strong concerns about the high NAYS—3 amount of uncertainty that could cre- [Rollcall Vote No. 309 Ex.] ate a dangerous situation for the sur- Barrasso Enzi Heller YEAS—69 rounding communities and environ- NOT VOTING—8 Alexander Gillibrand Murray ment, and I simply do not trust the Coburn Landrieu Rockefeller Ayotte Graham Nelson Federal Government to appropriately Cochran Leahy Udall (CO) Baldwin Hagan Paul Cruz Levin Begich Harkin Pryor manage the proposed Yucca Mountain Bennet Hatch Reed facility. The nomination was confirmed. Blumenthal Heinrich Reid Without the opportunity to carefully The ACTING PRESIDENT pro tem- Booker Hirono Roberts question Mr. Hezir in the nomination pore. Under the previous order, the mo- Boxer Isakson Rubio Brown Johnson (SD) Sanders process, I can only assume he will con- tions to reconsider are considered made Burr Kaine Schatz tinue his advocacy on behalf of Yucca and laid upon the table, and the Presi- Cantwell King Schumer Mountain within the DOE. For this dent will be immediately notified of Cardin Kirk Shaheen the Senate’s actions. Carper Klobuchar Shelby reason, I oppose Mr. Hezir’s nomina- Casey Levin Stabenow tion to be Chief Financial Officer at f Chambliss Manchin Tester the Department of Energy and encour- CLOTURE MOTION Coats Markey Toomey age my colleagues to do the same. Collins McCaskill Udall (NM) The ACTING PRESIDENT pro tem- Coons McConnell Vitter Mr. DURBIN. Mr. President, I yield Donnelly Menendez Walsh back the time. pore. There will now be 2 minutes of Durbin Merkley Warner The ACTING PRESIDENT pro tem- debate equally divided prior to the clo- Feinstein Mikulski Warren pore. Without objection, all time is ture vote on the Stivers nomination. Flake Murkowski Whitehouse yielded back. Who yields time? Franken Murphy Wyden Mr. JOHANNS. I ask for the yeas and Mr. MCCONNELL. I yield back the NAYS—24 time. nays. Barrasso Grassley McCain The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Blunt Heitkamp Moran pore. Is there a sufficient second? pore. Without objection, all time is Boozman Heller Portman There appears to be a sufficient sec- yielded back. Corker Hoeven Risch Pursuant to rule XXII, the Chair lays Cornyn Inhofe Scott ond. Crapo Johanns Sessions The question is, Will the Senate ad- before the Senate the pending cloture Enzi Johnson (WI) Thune vise and consent to the nomination of motion, which the clerk will state. Fischer Lee Wicker

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.032 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6319 NOT VOTING—7 DRIEU), the Senator from Vermont (Mr. Senate the pending cloture motion, Coburn Landrieu Udall (CO) LEAHY), the Senator from West Vir- which the clerk will state. Cochran Leahy ginia (Mr. ROCKEFELLER), and the Sen- The assistant bill clerk read as fol- Cruz Rockefeller ator from Colorado (Mr. UDALL) are lows: The ACTING PRESIDENT pro tem- necessarily absent. CLOTURE MOTION pore. On this vote, the yeas are 69, the Mr. CORNYN. The following Senators We, the undersigned Senators, in accord- nays are 24. are necessarily absent: the Senator ance with the provisions of rule XXII of the The motion is agreed to. from Oklahoma (Mr. COBURN), the Sen- Standing Rules of the Senate, hereby move CHANGE OF VOTE ator from Mississippi (Mr. COCHRAN), to bring to a close debate on the nomination Ms. HEITKAMP. Mr. President, on the Senator from Texas (Mr. CRUZ), and of Lydia Kay Griggsby, of Maryland, to be a rollcall vote No. 309, I voted ‘‘aye.’’ It the Senator from Illinois (Mr. KIRK). Judge of the United States Court of Federal was my intention to vote ‘‘nay.’’ The PRESIDING OFFICER (Mr. Claims for a term of fifteen years. Harry Reid, Patrick J. Leahy, Robert Therefore, I ask unanimous consent BOOKER). Are there any other Senators Menendez, Patty Murray, Debbie Sta- that I be permitted to change my vote in the Chamber desiring to vote? benow, Benjamin L. Cardin, Amy Klo- since it will not affect the outcome of The yeas and nays resulted—yeas 66, buchar, Kirsten E. Gillibrand, Chris- the vote. nays 26, as follows: topher Murphy, Brian Schatz, Richard The ACTING PRESIDENT pro tem- [Rollcall Vote No. 310 Ex.] J. Durbin, Richard Blumenthal, Tom pore. Without objection, it is so or- YEAS—66 Harkin, Angus S. King, Jr., Tom Udall, Mazie K. Hirono, Sheldon Whitehouse. dered. Ayotte Hagan Nelson (The foregoing tally has been Baldwin Harkin Paul The PRESIDING OFFICER. By unan- changed to reflect the above order.) Begich Hatch Portman imous consent, the mandatory quorum Bennet Heinrich Pryor f Blumenthal Heitkamp Reed call has been waived. NOMINATION OF GREGORY N. Booker Hirono Reid The question is, Is it the sense of the Brown Isakson Roberts STIVERS TO BE UNITED STATES Senate that debate on the nomination Cantwell Kaine Rubio of Lydia Kay Griggsby, of Maryland, to DISTRICT JUDGE FOR THE WEST- Cardin King Sanders ERN DISTRICT OF KENTUCKY Carper Klobuchar Schatz be a Judge of the United States Court Casey Levin Schumer of Federal Claims, shall be brought to The ACTING PRESIDENT pro tem- Chambliss Manchin Shaheen a close? pore. The clerk will report the nomina- Coats Markey Stabenow Collins McCain Tester The yeas and nays are mandatory tion. Coons McCaskill Toomey under the rule. The bill clerk read the nomination of Donnelly McConnell Udall (NM) The clerk will call the roll. Gregory N. Stivers, of Kentucky, to be Durbin Menendez Vitter The assistant bill clerk called the United States District Judge for the Feinstein Merkley Walsh Flake Mikulski Warner roll. Western District of Kentucky. Franken Murkowski Warren Mr. DURBIN. I announce that the f Gillibrand Murphy Whitehouse Senator from Louisiana (Ms. LAN- Graham Murray Wyden CLOTURE MOTION DRIEU), the Senator from Vermont (Mr. NAYS—26 LEAHY), the Senator from West Vir- The ACTING PRESIDENT pro tem- Alexander Enzi Lee ginia (Mr. ROCKEFELLER), the Senator pore. Under the previous order, there Barrasso Fischer Moran from Colorado (Mr. UDALL), and the will now be 2 minutes of debate equally Blunt Grassley Risch Senator from New Mexico (Mr. UDALL) divided prior to the cloture vote on the Boozman Heller Scott Boxer Hoeven Sessions are necessarily absent. Leeson nomination. Burr Inhofe Without objection, all time is yielded Shelby Mr. CORNYN. The following Senators Corker Johanns Thune are necessarily absent: the Senator back. Cornyn Johnson (SD) Wicker Pursuant to rule XXII, the Chair lays Crapo Johnson (WI) from North Carolina (Mr. BURR), the before the Senate the pending cloture NOT VOTING—8 Senator from Georgia (Mr. CHAMBLISS), the Senator from Oklahoma (Mr. motion, which the clerk will state. Coburn Kirk Rockefeller The legislative clerk read as follows: Cochran Landrieu Udall (CO) COBURN), the Senator from Mississippi OCHRAN CLOTURE MOTION Cruz Leahy (Mr. C ), the Senator from Texas We, the undersigned Senators, in accord- The PRESIDING OFFICER. On this (Mr. CRUZ), and the Senator from Illi- ance with the provisions of rule XXII of the vote, the yeas are 66, the nays are 26. nois (Mr. KIRK). Standing Rules of the Senate, hereby move The motion is agreed to. The PRESIDING OFFICER. Are there any other Senators in the Chamber de- to bring to a close debate on the nomination f of Joseph F. Leeson, Jr., of Pennsylvania, to siring to vote? be United States District Judge for the East- NOMINATION OF JOSEPH F. The yeas and nays resulted—yeas 53, ern District of Pennsylvania. LEESON, JR., TO BE UNITED nays 36, as follows: Harry Reid, Patrick J. Leahy, Chris- STATES DISTRICT JUDGE FOR [Rollcall Vote No. 311 Ex.] topher A. Coons, Dianne Feinstein, THE EASTERN DISTRICT OF YEAS—53 Richard J. Durbin, Richard PENNSYLVANIA Blumenthal, Brian Schatz, Debbie Sta- Ayotte Gillibrand Murphy benow, Michael F. Bennet, Robert P. The PRESIDING OFFICER. The Baldwin Hagan Murray Casey, Jr., Jeff Merkley, Christopher clerk will report the nomination. Begich Harkin Nelson Murphy, Edward J. Markey, Al The assistant bill clerk read the Bennet Heinrich Pryor Franken, Tom Harkin, Sheldon White- Blumenthal Heitkamp Reed nomination of Joseph F. Leeson, Jr., of Booker Hirono house, Angus S. King, Jr. Reid Pennsylvania, to be United States Dis- Boxer Johnson (SD) Sanders The ACTING PRESIDENT pro tem- trict Judge for the Eastern District of Brown Kaine Schatz Cantwell King pore. By unanimous consent, the man- Schumer Pennsylvania. Cardin Klobuchar Shaheen datory quorum call has been waived. f Carper Levin Stabenow The question is, Is it the sense of the Casey Manchin CLOTURE MOTION Collins Markey Tester Senate that debate on the nomination Walsh of Joseph F. Leeson, Jr., of Pennsyl- The PRESIDING OFFICER. There Coons McCaskill Donnelly Menendez Warner vania, to be United States District will now be 2 minutes of debate equally Durbin Merkley Warren Judge for the Eastern District of Penn- divided prior to a cloture vote on the Feinstein Mikulski Whitehouse sylvania, shall be brought to a close? Griggsby nomination. Franken Murkowski Wyden The yeas and nays are mandatory Mr. VITTER. I ask unanimous con- NAYS—36 under the rule. sent that all time be yielded back. Alexander Corker Flake The clerk will call the roll. The PRESIDING OFFICER. Without Barrasso Cornyn Graham The bill clerk called the roll. objection, all time is yielded back. Blunt Crapo Grassley Mr. DURBIN. I announce that the The PRESIDING OFFICER. Pursuant Boozman Enzi Hatch Coats Fischer Heller Senator from Louisiana (Ms. LAN- to rule XXII, the Chair lays before the

VerDate Mar 15 2010 02:30 Jul 21, 2015 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD14\DEC 2014\S04DE4.REC S04DE4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6320 CONGRESSIONAL RECORD — SENATE December 4, 2014 Hoeven McConnell Scott I look forward to Joseph Leeson’s It also forces us to do something that Inhofe Moran Sessions Isakson Paul Shelby speedy confirmation, and here is why. maybe isn’t our first instinct; that is, Johanns Portman Thune He is going to be a great Federal judge. rather than to insist on our way, it Johnson (WI) Risch Toomey Joe Leeson is a graduate from Catholic forces us to build consensus, which is Lee Roberts Vitter University, where he got his law de- actually a good thing when we are McCain Rubio Wicker gree. I have known Joseph Leeson cer- talking about the American people. NOT VOTING—11 tainly by his reputation for a very long So what has it given us in the recent Burr Cruz Rockefeller time. He is a very well-respected attor- past? It has given us a Republican Chambliss Kirk Udall (CO) ney in Allentown, PA, and my family President and a Democratic House that Coburn Landrieu Udall (NM) Cochran Leahy and I live just outside Allentown and worked together on Social Security re- have for a long time. form in 1983 and tax reform in 1986. The PRESIDING OFFICER. On this Joe Leeson is a partner in Leeson & Several years ago it was another Re- vote, the yeas are 53, the nays are 36. Leeson. He has very extensive trial ex- publican President and a fully Demo- The motion is agreed to. perience. He has counseled people in cratic Congress that worked together f accidents and injury cases. He has rep- on landmark disability and environ- NOMINATION OF LYDIA KAY resented legislators and mayors. His mental laws. In the mid-1990s, it was a GRIGGSBY TO BE A JUDGE OF practice includes litigation, municipal Democratic President and a Republican THE UNITED STATES COURT OF law, nonprofit, and religious law. Congress that worked together on wel- FEDERAL CLAIMS Across the board he has a very diverse fare reform and balanced the budget. portfolio. This is what can happen when we The PRESIDING OFFICER. The He has also had a long and distin- have divided government and the will- clerk will report the nomination. guished commitment to public service. ingness of the President and the Con- The assistant bill clerk read the Joe Leeson has served as the Beth- gress to work together to try to solve nomination of Lydia Kay Griggsby, of lehem city solicitor, as a member of problems. We can actually do hard Maryland, to be a Judge of the United the Bethlehem city council, and on the things—things that we could never do States Court of Federal Claims. administrative board of the Pennsyl- with a purely one-party government or f vania Catholic Conference. the other. MORNING BUSINESS If confirmed, he will sit in the Allen- Then in 2001 a Republican President town courthouse, and we need a Fed- and Democratic Senate worked to- The PRESIDING OFFICER. Under eral judge in the Allentown court- gether on education reform—No Child the previous order, the Senate will be house. We have an outstanding judge Left Behind. I still remember when in a period of morning business for de- there now, but we need another be- former Governor Bush—then-President bate only until 1:45 p.m., with the time cause the size of the Lehigh Valley re- Bush as the 43rd President—worked to- equally divided in the usual form. gion requires that. It will be terrific to gether with Teddy Kennedy, the liberal The Senator from Pennsylvania. have a second Federal judge in the Al- lion of the Senate, on No Child Left Be- f lentown courthouse for what I think hind. It raised more than a few eye- LEESON NOMINATION will be the first time. brows back home in Texas, but that Mr. President, I will conclude by say- demonstrated what can happen when Mr. TOOMEY. Mr. President, I rise ing there is no question in my mind one side of the aisle and the other side this morning to offer my support for a that Mr. Leeson has the experience, the of the aisle try to work together in the gentleman for whom cloture was just acumen, the temperament, and the in- best interests of the American people. invoked. We are going to have the con- tegrity to be an outstanding Federal Here is the short of it: Divided gov- firmation vote this afternoon. I am judge. He will be a great addition to ernment does not translate into grid- talking about Mr. Joseph Leeson from the bench, and I urge all my colleagues lock. It doesn’t have to. It can, but it Pennsylvania. He has been nominated to support his confirmation. doesn’t have to. We actually have an- to serve as a U.S. district judge for the I yield the floor. other choice. Each of the four Presi- Eastern District of Pennsylvania. The PRESIDING OFFICER. The Sen- dents who came directly before Presi- I wish to start by thanking Chairman ator from Texas is recognized. dent Obama found it possible to sign LEAHY and Ranking Member GRASSLEY f major bipartisan legislation despite for facilitating and moving his can- having serious philosophical dif- didacy through the process, through DIVIDED GOVERNMENT ferences with Members of the opposing the committee, and Senator REID and Mr. CORNYN. Mr. President, I wish party. Senator MCCONNELL, our respective to make some very brief remarks about I remember a conversation I had re- leaders, for bringing the nomination to divided government. cently with one of my colleagues who the Senate floor. I appreciate that co- Since 1981, there have been more was just reelected to the Senate and he operation. than 25 years in which one party con- is, let’s say, from the other end of the I should also point out that I am very trolled the White House while the political spectrum from me. He made grateful for the cooperation of my col- other party controlled at least one the obvious point: I am not going to league Senator CASEY. Senator CASEY Chamber of the Congress. By compari- change who I am, I am not going to and I have spent a lot of time and en- son, there have been fewer than 9 years change what I believe in, but I am ergy making sure we fill the vacancies in which one party controlled both the going to look for ways to legislate in that occur on the Federal bench in Presidency and all of Congress. So as the Senate. Pennsylvania with absolutely the most we can see, divided government has I thought he stated it very well: I am qualified, terrific Pennsylvanians, and been the norm and unified govern- not going to change who I am as a con- we have been blessed that so many ment—single-party government—the servative. I am not going to do some- wonderful Pennsylvanians have offered exception. thing which I would view to be unprin- to serve in this role, to make this sac- The truth is I suspect the American cipled in order to get an outcome. But rifice for public service. In the 4 years people like divided government because I do think that leaves an awful lot of I have been in the Senate, Senator they realize it is another layer of room for us to work together to try to CASEY and I have confirmed 13 district checks and balances on what happens legislate in the center. judges. We placed a judge in the Read- up here in Washington, DC, which are My impression is—from the Presiding ing courthouse in Berks County, which very important to making sure we get Officer and others I have talked to and had been vacant for 3 years; placed a things done right and give it the kind chatted with and seeing their reported judge in the Easton courthouse, which of deliberation and thoughtful consid- comments—there is a big appetite on had been vacant for 10 years; and when eration they deserve, particularly if we both sides of the aisle to make this Mr. Leeson is hopefully confirmed this are talking about legislating for a place work again. I think if there is a afternoon, that will bring our total to country of about 320 million people or single message that I heard from No- 14. so. vember 4, in this last election, it is

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.004 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6321 that people do not want their govern- do what he thinks is important for the coun- I yield the floor. ment to not function. They may want try [on his own]. The PRESIDING OFFICER (Ms. it to function more or less or in some So this is not a partisan issue in the BALDWIN). The Senator from Delaware. areas and not the others, but they sense that Republicans and Democrats Mr. COONS. Madam President, I ask don’t want it to be dysfunctional. In- see the world through entirely dif- unanimous consent to enter into a col- deed, that makes common sense. ferent lenses. Plenty of Democrats un- loquy with my colleague, the Senator What remains an open question is derstand that the President’s action from New Hampshire. what path the President is going to has made it significantly harder for us The PRESIDING OFFICER. Without choose—whether he is actually going to get off on the right foot in the new objection, it is so ordered. to work with the Republican majorities year on a number of issues we already f agree on by and large. in the House and the Senate. I was MANUFACTURING SKILLS ACT somewhat encouraged the President The junior Senator from North Da- had a meeting yesterday with the in- kota said the immigration order ‘‘could Mr. COONS. Madam President, I coming majority leader Senator poison any hope of compromise or bi- come to the floor this morning with MCCONNELL. It was reported to me they partisanship in the new Senate before my colleague from New Hampshire, talked about things they thought they it’s even started.’’ I agree with the sen- Senator KELLY AYOTTE, to talk about could work on together. But we have timent. I hope she is wrong, and I hope what we can do together to invest in sort of been led down this pathway be- we can prove that wrong by saying we America’s 21st-century manufacturing fore with happy talk, and then the ac- are not going to give up and we are not workforce. As the Presiding Officer tions did not follow the rhetoric. going to let what the President does well knows, manufacturing is one of Unfortunately, I think the President determine what we do. We have to do the great areas of opportunity for started off on a bad foot after this elec- our job and we have to function, and meaningful bipartisan cooperation that tion on November 4 by issuing this Ex- then we are going to have to work with will move our country, our economy, ecutive action order. I realize it is very the President hopefully to try to move and our working families forward. controversial and we can be frustrated the country forward in a number of Although so many issues here these at times with the slow pace of actually these areas. days seem to fall on partisan lines, getting things done around here. But I I hope we can find a way to stop the Senator AYOTTE and I are here today have expressed myself previously, and I President from acting on his own and because we have come together on a bi- will say it again: I think the President to recommit ourselves to the rule of partisan bill called the Manufacturing made a serious mistake in doing it the law and particularly the Constitution Skills Act. The bill has one simple way he did. and get about the job of addressing our goal, which we share: to spur reforms No. 1, I don’t think he has the au- country’s biggest challenges, such as in manufacturing skills training across thority to do it, something he himself those outlined in the comments from our country. That is it. Our bill would said he didn’t have 22 times in pub- the senior Senator from New York, Mr. create a competitive grant program to lished comments, but it poisons the SCHUMER, who gave a very noteworthy help local and State governments de- well at a time when I think there was speech at the National Press Club re- sign and implement manufacturing a lot of hope that maybe we could turn cently. He mentioned issues we should job-training reforms that fit their own this place around. be focused on, such as the needs of the unique local economic needs. Once pro- It is not just my view; it is the view middle class, stagnant wages, mass posals come in, a Federal interagency of a number of my Democratic col- underemployment, and widespread pes- partnership would award the five leagues too. For example, after the simism about the future of the Amer- strongest State proposals and the five President’s Executive action on immi- ican dream. The last thing we need is a strongest local government proposals gration, the senior Senator from Lou- protracted constitutional crisis, and with funding for 3 years to implement isiana said: that is really an unfortunate distrac- their targeted reforms to improve their We are all frustrated with our broken im- tion from what we ought to be doing manufacturing skills training. The migration system, but the way forward is together. funding doesn’t all come from the Fed- not unilateral action by the President. If we recognize these challenges and eral Government, either. Something I agree with that comment. the message that was sent on Novem- Senator AYOTTE and I share enthu- Her sentiments were also echoed by ber 4, we ought to be working together siasm for is getting leverage for Fed- the junior Senator from Indiana, who to address them. Because of this crisis, eral investment. The local and State believes President Obama should not be it will be more difficult, but we cannot government must match Federal sup- making what he called ‘‘significant give up. We need to work together to port one-to-one. policy changes’’ on his own. overhaul our job-training programs and We are focusing on manufacturing The senior Senator from Missouri give American workers relief from the specifically because it plays such a said similarly, ‘‘How this is coming burden of government that does not vital role in building communities and about makes me uncomfortable, and I work in their best interests. It will be strengthening our middle class. Last think it probably makes most Missou- more difficult for us to pass progrowth year, in fact, manufacturing contrib- rians uncomfortable.’’ tax and regulatory reforms, and it will uted more than $2 trillion to our Na- The reason they feel uncomfortable be more difficult for us to do what we tion’s economy. In many ways manu- is that the President’s Executive order need to do to shore up and sustain So- facturing has long been the foundation represents a direct affront to the con- cial Security and Medicare before they of our economy. As we know, manufac- stitutional separation of powers. Even go bankrupt. We have reached this turing jobs are high-quality jobs. They if you agree on the substance of what point because of yet another manufac- pay more in wages and benefits. Manu- he did, which itself is controversial, tured crisis—a crisis that was com- facturing is highly innovative. It is the how he did it was a direct affront to pletely and totally unnecessary. area that invests the most in R&D of our Constitution and the separation of I can only hope the President will de- any private sector component. Over the powers, and it is unsustainable. It pro- cide to reverse his desire to do every- last 3 years manufacturing has started vokes a response from Congress when it thing unilaterally and to work on a coming back steadily and rapidly, with feels left out, and, in fact, the Presi- more sensible course—one where he ap- more than 700,000 new manufacturing dent is going to need Congress to work preciates the possibilities of divided jobs created in our country. with him to fix our broken immigra- government. Based on the examples I This is all good news, and I am con- tion system because Congress remains gave earlier, there certainly is reason vinced the United States is poised to the possessor of the power of the purse. for hope that divided government can really compete in the manufacturing The Senator from Maine put it this work and address some of our urgent economy of this century. But we still way. He said: needs. Unfortunately, given his record, face key challenges in the job market The Framers knew what they were doing, it is hard to be optimistic, but I am an for manufacturing. There are manufac- and it doesn’t say if the president gets frus- optimist by nature, and hope springs turers whom I have visited with up and trated and Congress doesn’t act, he gets to eternal. down my State and whom we have

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.011 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6322 CONGRESSIONAL RECORD — SENATE December 4, 2014 heard from across the country who are in the community because Wilmington workforce, and thus investment in ready to hire but cannot fill open posi- and Newark, DE, have very different wages and in skills is also a critical tions. The problem is only expected to workforce challenges, perhaps, than part of our continuing to be globally get worse. By 2020, by some estimates, some areas of New Hampshire, whether competitive, as Senator AYOTTE has ex- there may be more than 875,000 unfilled it is Nashua or Concord or Berlin. We plained. manufacturing jobs. Yet there remains need to ensure that local officials, As the skills needed for workers vary no focused, targeted Federal workforce local employers, and the people of our depending on the product and market development program specifically de- States are using the grants we are able segment in the region, we also need signed to strengthen manufacturing to provide under this legislation to de- training programs that are flexible and skills. I think part of the reason is we sign new training programs for those meet the exact needs of the region. I often have an outdated view of manu- localities to really allow those workers will give two examples. I have visited facturing. It conjures up outdated im- to be trained for 21st-century manufac- SPI Pharma in Lewes, DE, which man- ages of dirty factories and unsafe work- turing skills. ufactures the key component of Maalox ing conditions and lower skilled labor. By both targeting manufacturing and and many other antacids, and BASF in That is not the manufacturing work- giving localities the discretion to de- Newport, which manufactures pig- place of today at all. sign the reforms that fit their needs, ments. I hear similar challenges even I would be curious to hear the we have come together on a bill that though they are in different areas of thoughts of my colleague from New could help our country meet some of manufacturing. Their specific needs Hampshire on how manufacturing has its most critical economic challenges are for process operators who are changed and how we can work together and opportunities. skilled at working at a factory where to strengthen the skills of manufac- I know Senator COONS has a strong large amounts of complex suspen- turing workers in Delaware, New background in manufacturing and has sions—liquids—are being mixed, moved Hampshire, and across our country. worked very closely with employers around, and fashioned into finished Ms. AYOTTE. I thank my colleague and workers in Delaware to hear from products. They need workers who un- from Delaware. It has really been an them about what job-training needs derstand programmable logic control honor to work with him on the Manu- they have to ensure Delaware can have systems and can ensure that contin- facturing Skills Act, and we share the that 21st-century workforce. I would uous improvement in quality control is goal to ensure that manufacturing re- love to hear more about some of the in place. They know that in order to mains vibrant and a vibrant source of challenges he has heard about from em- continue to grow, to export and be jobs in our economy. ployers and workers in Delaware. globally competitive, they need to stay Training our workforce to have the Mr. COONS. Madam President, I at the top of their game, which means right skills to address today’s 21st-cen- would like to thank my colleague from investing in workers and their skills. tury manufacturing is quite different New Hampshire. We are both from They are struggling to find young peo- from yesteryear. Today as we look at small States that are not nationally ple to replace those who are aging out manufacturing, we see the skills our thought of as being leaders in manufac- of their workforces. workers need: critical thinking and turing, but both New Hampshire and Our community college, Delaware problem-solving abilities, math and Delaware have deep, rich, broad manu- Technical Community College, a na- writing skills and the ability to com- facturing histories. Manufacturing is tional leader, is helping and is actively municate, an understanding of the commonly thought of by America as engaged. But as the equipment and manufacturing process, and an ability being associated with Ohio, Wisconsin, processes of today’s manufacturing to engage workers in improving that Michigan or Indiana, but there are doz- plants become more advanced and com- process. This wasn’t necessarily the ens of companies I have visited in Dela- puterized, they will need help in keep- case 20 or 30 years ago, but the United ware that are small or medium-sized, ing up with changing technologies so States is poised and has an opportunity with 50 or 100 or 150 employees. Many the skills they train for today are the to be the leader in advanced manufac- companies are family owned, many actual skills that companies, such as turing. working in particular niches of proc- SPI Pharma and BASF in Delaware, We have a talented workforce, but essing or manufacturing. They are need in this century. our workers need the type of training profitable, growing, and looking to The Manufacturing Skills Act could that is going to address this new type hire. Having visited New Hampshire as be a real help in Delaware to many of of manufacturing that is focused on well, it also has a proud and strong his- the manufacturers I visited, and it will having the right skills and technology, tory of manufacturing. Given the re- allow local and State officials use of technology and problem-solving gional experience and the base of partnering with our schools, our Cham- skills that we know workers in New knowledge and expertise of Members of ber leadership, and our manufacturers Hampshire and Delaware are quite ca- this body, it is my hope that we can to build a system that fits our real pable of if we give them the tools they come together with other bipartisan needs at the local level. need. cosponsors to strengthen and build this I think it is exciting—whether some- A reality of today’s world is that al- bill going forward. one is from New Hampshire, Wisconsin, though our economy is bigger, we are Before I got into public service, I Delaware or Indiana—to know we are more interconnected than ever before. spent 8 years working for a manufac- willing to come together in a strong Job training needs to be customized to turing company in Delaware, a mate- and bipartisan way to lay a pathway the particular business area—the city, rials-based science company that man- forward for America’s manufacturing the State, the local economy. There is ufactures over 1,000 different products, workforce. It gives me some reason for no ‘‘one size fits all’’ model. This is es- all off the same chemical platform. One optimism as we begin to conclude this pecially true in manufacturing—and I of the things I did in my work area was session of Congress and as we look for- visited many manufacturers in our I visited the dozens of manufacturing ward. State—where different companies and facilities that either the company for I wish to close by specifically thank- places need workers with varying which I worked directly operated or ing Senator AYOTTE for being such a skills. many of our partner companies that positive, forward-looking partner, not That is one of the reasons I am so en- were licensees or distributors or part of only on this bill but on many other thusiastic about the Manufacturing our supply chain. issues we have worked on together in Skills Act that Senator COONS and I The plant of today, the shop floor of the years we have served so far in this have introduced together. Rather than today bears very little resemblance to body. prescribe job-training standards or dic- that of previous generations. They are I would love to hear more from my tate reforms from Washington, our bill the location of rich innovation, an colleague from New Hampshire about allows local officials, business leaders, amazing amount of collaboration and the manufacturing challenges New and workers to come together in local teamwork where world-class, cutting- Hampshire faces and how this bill communities to build training plans edge quality control and continuous in- might address them and what our path that fit their needs and help grow jobs novation are expected, needed from our forward is for this piece of legislation.

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.014 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6323 Ms. AYOTTE. I thank my colleague hope many of our colleagues will think When these facilities close or consoli- from Delaware. about joining us on this Manufacturing date, it costs thousands of jobs, and As I look at the new Congress coming Skills Act. As we go into the new Con- more importantly it means mail goes in, I view our bill—the Manufacturing gress, I hope this will be a priority for to the remaining facilities and it Skills Act—as an opportunity where we our leadership so we can bring this bill means packages have to travel longer can all work together to help workers to the floor for a vote right away. to get to where they are going. When and employers across the country meet I thank the Presiding Officer, and I that happens, more folks will not get the challenges of ensuring that manu- thank my colleague from Delaware for the mail when they need it. It means facturing continues to thrive and grow his leadership and work on this impor- more delayed credit card payments. It in this country. These are good-paying tant issue. I look forward to continuing means more needed medicine sitting in jobs where the workers—who are excel- to work on this until we get it passed. a truck for another day. Come next lent and want the opportunity but just Mr. COONS. I yield the floor. election it might even mean lost bal- need the skills—need the type of tech- Mr. TESTER. Are we in a quorum lots. nology training and understanding of call? The Postal Service has already process, such as the lean process, and The PRESIDING OFFICER. We are stopped overnight delivery in large how we can improve our manufac- not. parts of rural America. Even 2-day de- livery is now hard to come by. If the turing. f The bill Senator COONS and I worked Postal Service implements its new plan POSTAL SERVICE on together will allow the local deci- in January, that will be the case al- sionmakers to put together the best Mr. TESTER. I wish to address the most nationwide. training that will help create good-pay- challenges we have at the Postal Serv- Congress has the power to stop these ing jobs, not only in Delaware, New ice today. closures, and it would make sense to Hampshire, and Wisconsin but across There is an old saying that when you keep these facilities open while we work to reform the Postal Service in a this country. are in a hole, stop digging. Don’t make I hope we can take up this bill very things worse. Don’t shoot yourself in way that treats its employees and its early on in the next session and get be- the foot. It is actually quite simple ad- customers and the general public fair- hind it. vice that all of us need to follow. ly. But in the Senate, and in the House, In New Hampshire, there are 66,000 Here in Congress we could apply it to too many folks have their shovels out. jobs that are directly connected and re- a lot of different issues. Our budget and So far the proposals coming out of this lated to manufacturing. As I have trav- the immigration system come to mind. Congress fall far short of what is need- eled to visit manufacturing employers But that hole grows faster when two ed to put the Postal Service on sound throughout our State, I have been parties are digging. When you have two financial footing. We are here today to urge the House hearing about the same issues that my shovels, the walls become higher, the of Representatives and this body, the colleague from Delaware has heard; climb out becomes more difficult, and Senate, to include a provision in the that is, that they are challenged in ac- that is what is happening right now with the Postal Service. government funding bill that will keep tually finding the right workforce for the processing facilities open. There is excellent-paying jobs and opportuni- On one side we have the Postmaster General and Postal Service leadership no point in closing mail processing fa- ties, but they need partnerships and cilities while Congress works on a com- help to get that trained workforce in actively cutting services and mail de- livery standards. They think they can prehensive postal reform bill. I know place. we have trouble passing responsible cut their way to fiscal solvency, and New Hampshire, similar to Delaware, legislation around here, I get that, but quite frankly in this case they are has had some strong partnerships there is painstaking—and I do mean wrong. The answer is not more cuts. In among the private sector and commu- painstaking—work going on around fact, if it wasn’t for the prefunding re- nity colleges in my State, and we need here to pass a Postal Service reform quirement for retiree health benefits, to do more of that in the future. I be- bill. lieve our bill will allow those local edu- the Postal Service would have made The bill that passed the Senate Gov- cation institutions to partner with pri- nearly $1 billion in 2012. ernmental Affairs Committee earlier vate employers and State and local of- Clearly, the Postal Service doesn’t this year needs work—serious work. It ficials so the training is valuable and need to keep shutting down facilities does not preserve strong rural mail will ensure that everyone has a stake and slowing down delivery. What the standards. It is opposed by folks in in the right workforce going forward. Postal Service does need is responsible rural America, by postal unions, and I wish to thank some of the busi- reform legislation, and that is why I by mailers. Under the bill—except in nesses I have had the privilege of vis- am here this afternoon. the big cities—we can kiss 1-day deliv- iting in our State. So many businesses All the Postal Service is doing with ery goodbye. With the cuts it proposes, have told me—whether it is Burndy in its shortsighted cuts is weakening the bill fundamentally prevents the Littleton or Velcro in Manchester or trust in the Postal Service. Essen- Postal Service from performing its Codet in Colebrook or Hypertherm in tially, Postal Service leadership is cut- constitutional duty of keeping this Na- the Upper Valley—that our private sec- ting the legs out from underneath tion stitched together. tor is focusing on this issue, and our themselves. They are digging the hole But along with other members of the Manufacturing Skills Act can help deeper. committee, and some like-minded folks companies move forward and ensure But Congress is in the hole with the in the House, we are trying to find a that our workers have the right skills Postmaster General. There are a lot of way forward. We are trying to reform so we can grow jobs in this country. folks in Congress who would love to see the Postal Service without putting the I thank Senator COONS for his leader- the Postal Service go out of business, burden on rural America. A proposal I ship on this issue and the work he has but the Postal Service, whether in am working on will give the Postal done every single day in this body to urban America or rural America, deliv- Service the flexibility to raise new rev- ensure that the people of Delaware ers the goods America needs. It deliv- enue while reducing the costly man- have good-paying jobs and the right ers medicine, newspapers, equipment, date to prefund retirement benefits. workforce training. This is a goal I letters, and even election ballots. It is That requirement is swamping the share with the Senator from Delaware. a critical part of our daily lives. But agency’s books. I wish to also thank him for his lead- the Postal Service is preparing to end Other Members of Congress are push- ership on other issues, including the overnight delivery in all but a few ing to allow the Postal Service to con- protection of this Nation and many American cities and close 82 mail proc- tinue its crusade against rural Amer- other issues he has become an expert essing facilities starting in January. ica. My effort, on the other hand, is a on in this body. These facilities route mail from New balanced solution that preserves strong I hope we can all get behind bipar- York to California, from Seattle to rural mail standards while putting the tisan solutions, such as that offered by Sarasota, from a grandmother to her Postal Service on the path to fiscal sol- my colleague from Delaware, and I grandson. vency.

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.016 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6324 CONGRESSIONAL RECORD — SENATE December 4, 2014 We have been here long enough to I urge my colleagues in this body to The reason Senator TESTER and I and know that there is no magic bullet. do just that because this country needs hopefully others have come to the floor Congress is full of too many interests a viable Postal Service, one that the today is to send a very loud and clear and too many constituencies, but the American people can trust. message to the Postmaster General, to least we can do is to stop making It is more than just holiday cards our colleagues here in the Senate, to things worse. There is no reason to and packages. It is about making sure our colleagues in the House, and to the keep digging the hole. We have evi- payments arrive on time. It is about President of the United States. The dence behind our case. making sure lease agreements get to message is that at a time when the The GAO, in its analysis of past clo- the proper people, but it is not just middle class is disappearing and the sures of the processing facilities, said about these things. It is also about number of Americans living in poverty the Postal Service is already unable to having faith as a nation that we as a is almost at an alltime high, do not de- meet its reduced service standards—al- body—as a Senate, as a House, as a stroy decent-paying jobs at the Postal ready unable to meet the standards Congress—can make responsible deci- Service. At a time when the Postal that have already been reduced. sions to preserve what is important in Service is competing with the instanta- The Congressional Budget Office— this country. neous communication of emails and of looking at potential savings from facil- There has been a lot of talk about high speed Internet, do not slow down ity closures—didn’t take into account working together and getting things mail delivery service, but speed it up. the loss of mail volume resulting from done since the election. I wish it could Do not dismantle the Postal Service by reducing the quality of service. have happened before the election, but shutting down up to a quarter of the There are simply way, way, way too we are where we are. We have a great mail processing plants that are left in many unanswered questions about how opportunity to work together to keep this country. these closures would affect mail serv- the Postal Service solvent and keep On August 14, I was delighted to work ice, and that is why a bipartisan major- those standards high for not only urban with Senator TESTER and others on a ity of Senators, including myself, have America but for rural America also. We letter to the Appropriations Com- called to stave off the closures of these need to do that today. This is an im- mittee, urging them to include lan- processing facilities. Over 160 House portant effort. guage in the omnibus appropriations Members have done the same. With that, I would love to hear from bill or the continuing resolution to pre- A moratorium on mail processing fa- the Senator from Vermont, Mr. SAND- vent the Postal Service from making cilities is the way to go. It will stop ERS. these devastating cuts and protecting Mr. SANDERS. Madam President, let the bleeding and stop the digging that these 15,000 jobs and these 82 processing me begin by thanking Senator TESTER Congress and the Postal Service are plants. I am happy to say that a major- not only for being on the floor today doing right now. It will send a signal ity of the Members of the Senate—51 of but for working on the issue of making that the American people’s representa- them, including Majority Leader REID, sure that in 50 States in this country— tives will not sit by as opponents work Senator DURBIN, Senator SCHUMER, and in rural America and in urban Amer- to privatize the Postal Service. ica—we continue to have a Postal Serv- six Republicans—Senator HATCH, Sen- This is the busiest season of the year ice of which the American people are ator INHOFE, Senator HOEVEN, Senator for the Postal Service. Folks send pre- proud. I wish to acknowledge Senator BLUNT, Senator THUNE, and Senator sents and cards through the mail. We COLLINS—all signed on to this letter. BALDWIN, who is presiding, for her hear from old friends and families strong work on this issue, as well. They understand—many of them com- whom we have not heard from in a long I represent one of the most rural ing from rural areas—that this is not a time. It is a busy and important time States in America. I don’t know if it is Republican issue or a Democratic but no more critical than any other more rural than Montana, but it is issue; this is an issue to protect mail time of the Postal Service’s year. Mail very rural. Most of our people live in delivery all over this country and espe- processing facilities don’t just get used very small towns. The local post office cially in rural areas. for mailing Christmas cards and pre- is not just the place to pick up mail or Shortly after we sent our letter, 160 sents, nor do the post offices. Reduced to mail letters. It is a symbol of what Members of the House signed on to a post office hours will affect Americans’ the town is about. It is an institution similar letter calling for a 1-year mora- lives as well. that identifies the town. It is where torium to stop these mail processing Westby, MT, is in the far north- people come together. It is a very im- plants from closing, and 23 Republicans eastern corner of Montana. It is along portant part of rural America. signed that letter as well. So we are the border with North Dakota. It is a We have been battling on this issue seeing bipartisan support in the House beautiful little town. The Westby Post now for a number of years. As Senator and in the Senate saying loudly and Office is where Ken Keldsen, a veteran TESTER will remember, it wasn’t so clearly: Do not shut down 82 processing in his ninth decade, goes to pick up his many years ago when the Postmaster plants; do not slow down mail delivery prescription medicine. The mail takes General came up with a proposal that service; do not eliminate 15,000 decent- a little longer to get to Westby these would have led to the shutting down of paying jobs. days because the processing plant was 15,000 mostly rural post offices all over I know Senator MIKULSKI, the chair closed last year, and the post office is America. To my mind, that was a dis- of the Appropriations Committee, open for a few less hours each day. astrous proposal. Many of us stood up wants to see this happen, but to make Ken wrote my office and told me the and fought back and worked something it happen, she needs Republican sup- reduced hours make it harder for him— out. While the compromise was not all port. I very much urge my Republican this veteran in northeastern Montana that I wanted, at least it prevented the colleagues to stand up for rural Amer- in his nineties—to get his medication. shutdown of 15,000 post offices all over ica, stand up for 15,000 jobs. Let’s pro- Here is what it comes down to: We this country. tect these 82 processing plants. need a reform bill that keeps the Post- Right now—and I think Senator As Senator TESTER has made clear, al Service financially viable while TESTER made this point—the Postal the beauty of the Postal Service is that maintaining strong mail service stand- Service has announced that beginning it provides universal service 6 days a ards for people such as Ken. It is not an next month, it will be shutting down week to every corner of America—no easy proposition. We have been work- up to 82 mail processing plants. Those matter how small or how remote. It ing on it for quite a while now. But the are the plants that move the mail supports millions of jobs in virtually calls and need for reform are stronger along into areas all over the country. every other sector of our economy. It than ever. There is no reason to keep They also want to abolish overnight provides decent-paying union jobs to digging. There is still time for Con- delivery standards and first-class mail. some 500,000 Americans, and, in fact— gress to stop the mail processing facil- In the process, at a time when we need and I say this as the chairman of the ity closures scheduled to start in Janu- to create decent-paying jobs, this pro- Senate Committee on Veterans’ Af- ary. That will give us more time to posal would eliminate up to 15,000 fairs—it is the largest single employer pass good legislation that sets the good-paying, middle-class jobs at the of veterans. Whether one is a low-in- Postal Service straight. Postal Service. come elderly woman living at the end

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.018 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6325 of a dirt road in Pennsylvania or bility of the Postal Service to compete cant network which can reach every Vermont or a wealthy CEO on Wall and protects the American people who community in America. Whether one is Street, people get their mail 6 days a want high quality Postal Service. in an urban city such as Milwaukee, week. With that, I yield the floor to the WI, or in a rural town such as Prentice, The American people, by the way, Senator from Wisconsin, Ms. BALDWIN. the Postal Service reaches these Wis- pay for this service at a cost far, far The PRESIDING OFFICER (Mr. consin communities. But by contin- less than anywhere else in the industri- TESTER). The Senator from Wisconsin. ually chipping away at the substantial alized world. But if Congress doesn’t Ms. BALDWIN. Mr. President, I am service network, the Postal Service is stop the Postmaster General from delighted to join the senior Senator developing into an urban package de- making these devastating cuts, it will from Montana and the Senator from livery system at the expense of rural drive more Americans away from the Vermont on this important topic. Americans and rural Wisconsinites. Postal Service and will lead to what we The issue of postal processing facility Proponents of this idea of closures call a death spiral. The quality of serv- closures greatly impacts my State of and consolidations say it is counter- ice deteriorates, fewer people use the Wisconsin, and it greatly impact productive to delay these closures be- Postal Service, less revenue comes in, States across the country, I must say. cause they should happen as soon as and the process continues to deterio- Since 2012 the Postal Service has possible. They say Congress has failed rate. closed or consolidated 141 processing to act and that the Postal Service has Despite what some in this country facilities throughout the United been left with no alternative but to have been hearing in the media, and de- States. In June the Postmaster Gen- close more processing facilities. spite what some in the Postal Service eral announced plans to consolidate up I agree on one point; that is, that have been saying, the Postal Service is to 82 mail processing facilities, and Congress has, indeed, failed to act. We not going broke. We hear that every eliminate 15,000 jobs in 2015. Four of must. Congress has failed to act. I do three months—people telling us the these facilities are in the State of Wis- not know how many have sort of heard Postal Service is going broke. That is consin: Eau Claire, La Crosse, Madison, this in relation to bills to try to fix not true. The major reason the Postal and Rothschild in the Wausau region of problems. Have you ever seen someone Service is in bad financial shape today the State of Wisconsin. present an idea and they say, look, ev- is because of a mandate signed into law When postal processing facilities erybody who is a stakeholder hates by President George W. Bush in Decem- close, that impacts service standards, this so it must be a good bill? ber 2006, during a lameduck session of which really boils down to the time it Well, I kind of disagree with that Congress, that forces the Postal Serv- takes for a piece of mail to get from proposition, that it has to be that way. ice to prefund 75 years of future retiree point A to point B. At this moment, I I can tell you there is another way for- health benefits over a 10-year period. can’t tell my constituents, my Wiscon- ward. That path involves working with, This burden is unprecedented in any sinites, how long these delays will be not against, Postal Service employees other government agency or any pri- because the Postal Service has yet to and customers. It relieves the Postal vate sector company in the United study this impact. These closures are Service of congressionally mandated States of America. It is a burden that set to begin within a month. So for overpayments. It maintains service every single year costs the Postal Serv- small businesses who rely on the Post- standards for all communities. It pro- ice $5.5 billion, and that one provi- al Service to get their goods to market vides Postal Service customers with sion—that one provision—is respon- and for seniors such as the veteran who certainty on postal rates. I am going to continue to fight on sible for all of the financial losses post- was described earlier by the senior Sen- this issue. I am delighted and proud to ed by the Postal Service since October ator from Montana who gets his medi- be joining my colleagues here today on 2012—just that one provision. cine through the mail, there is really Over the past 2 years, the Postal no way for them to know at this mo- the floor to raise this immediate issue Service has made an operating profit of ment how these closures are going to of postal process facility closures, this nearly $1 billion. Let me repeat that. affect them, and sometimes what is in pending issue, but also to renew our Over the past 2 years, the Postal Serv- the mail is a lifeline for them. commitment to the longer range, ice has made an operating profit of In fact, the inspector general found broader postal reform that gives our nearly $1 billion, excluding this the Postal Service failed to follow its constituents, whether rural, suburban, prefunding mandate that must be got- own rules, which require the Postal or urban, the confidence and service ten rid of. Further, before this Service to study the impacts these con- they deserve. solidations will have on their service I suggest the absence of a quorum. prefunding mandate was signed into The PRESIDING OFFICER. The standards—again, the time it takes for law, the Postal Service was also profit- clerk will call the roll. able. In fact, from 2003 to 2006, the a piece of mail to get from point A to The legislative clerk proceeded to Postal Service made a combined profit point B. They are also supposed to in- call the roll. of more than $9 billion. So when we form the public of these impacts and, Mr. NELSON. Madam President, I hear that the Postal Service is in fi- additionally, to allow affected commu- ask unanimous consent that the order nancial difficulty, the key reason—the nities to provide input before a final for the quorum call be rescinded. overwhelming reason—is this onerous, decision is made. However, this simply The PRESIDING OFFICER (Ms. unprecedented burden of coming up didn’t happen. That is why I was proud HIRONO). Without objection, it is so or- with $5.5 billion every year to pay for to join Senator MCCASKILL in a bipar- dered. tisan letter to the Postmaster General future health retirees. f Given the improved financial condi- requesting that the Postal Service tion of the Postal Service, it makes no delay these proposed closures and con- ‘‘ORION’’ SPACECRAFT sense to me to close down mail plants, solidations until they have a fair, com- Mr. NELSON. Mr. President, I wish destroy jobs, and slow mail delivery. plete, and transparent process in place. to share with the Senate the fact that Our job right now is to make the Post- The Postal Service exists to serve all we are about to do the first flight test al Service an agency that functions ef- Americans, and my constituents and of the new NASA human spacecraft, ficiently in the 21st century. We have the consumers who fund the Postal called Orion. to give them the tools to effectively Service deserve to have their voices As a matter of fact, it was attempted compete. But the way we do that is not heard in this process. They are stake- earlier this morning. There was a by cutting, cutting, and cutting. That holders in this process. While there are launch window between 7:05 and 9:44 is a path toward disaster. certainly process and transparency eastern time. In fact, a combination of So I hope the Members of the Senate problems with these closures, another some weather concerns plus some ques- and the Members of the House of Rep- issue that concerns me is the fact that tions of valves opening on some of the resentatives will stand together and these shortsighted cuts are harming fuel lines in the rocket and trying to prevent these 82 processing plants from the very thing that makes the Postal rework those valves ultimately led to shutting down and come up with some Service unique. The major strength of the decision to scrub the mission legislation which expands the capa- the U.S. Postal Service is its signifi- today.

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.020 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6326 CONGRESSIONAL RECORD — SENATE December 4, 2014 The spacecraft looks like a capsule. State of Connecticut. It has been an ac- Ronald Reagan said: If we recall the Apollo capsule that tive farm held by the same family, the What is a conservative after all but one took us to the Moon, it carried three Wike brothers, for about 150 years. It is who conserves, one who is committed to pro- astronauts. It was 12 feet in diameter. about 144 acres. It is a pasture now for tecting and holding close the things by Orion is 16.5 feet in diameter and is free-range chickens, pigs, and cattle. which we live. . . . And we want to protect being designed to carry four astro- The farm’s roadside store, which is and conserve the land on which we live—our countryside, our rivers and mountains, our nauts. But it is the forerunner to the used by people from Connecticut, Mas- sachusetts, and New York—given that plains and meadows and forests. This is our space systems that will eventually—in patrimony. This is what we leave to our chil- 20 years—carry us to the planet Mars. it sits right at the crux of those three dren. And our great moral responsibility is It will be launched today on an exist- States—sells beef, pork, sausages, eggs, to leave it to them either as we found it or ing workhorse. We have two major apple-smoked bacon, and maple syrup, better than we found it. workhorses in our stable. The Delta— to name a few. I am on the floor to speak in favor of the Delta IV and this, configured with We are able to know, confidently, the continuance of the land conserva- additional boosters, is called the Delta that this piece of iconic farm land that tion tax incentive program that we IV Heavy. is producing for the neighboring farms hope will be in whatever tax extension and States is going to be able to con- The other workhorse in the stable deal gets passed by the Congress, as tinue as a farm because of something getting so many of our payloads into many proponents of the provision in space, including our military sat- that Congress did. Congress passed, enacted in 2006, a that tax extension package would like. ellites, is the Atlas V. Both of them are It would be better if this were perma- land conservation incentive in our Tax proven workhorses and have been al- nent. It is very difficult to do long- Code that gives a small tax incentive most flawless. This particular space- term planning for owners and operators to farmers who decide to put a con- craft, for its first flight test, is going of big farms such as the Wike Brothers’ up on a Delta IV Heavy. servation easement on their land to make sure it doesn’t fall into the hands Farm if they don’t know the tax incen- As such, what it will do is first to put tive is going to be there for them. It is it into low Earth orbit, and from there of developers. Further, we provide a slightly smaller discount, a slightly very difficult to do this retroactively, it will be projected out 3,600 miles from but it is important, nonetheless, to get the Earth and come back as if it were smaller tax incentive to private non- farm, nonagricultural landowners who this extended because this isn’t the on a mission to the Moon or to an as- only property in our State that has teroid or coming back from Mars in a want either to donate their lands or who want also to put a conservation been affected. trajectory, coming through the Earth’s easement on their land to make sure The Towner Hill Farm in Sherman, atmosphere, creating quite a few g’s that it doesn’t get developed. CT, is an 80-acre property that would and creating—at about 20,000 miles an This has been of enormous benefit in not have been protected if it weren’t hour as it is coming back into the the State of Connecticut. We have pre- for the Federal tax deduction which Earth’s atmosphere—about 4,000 de- served 11,000 acres of land in Con- was available to the owner in 2008. He grees Farenheit on the heat shield. necticut just since this tax incentive offered it to the town of Sherman at So the flight test today is to test the went on the books. That is a 45-percent less than the value that he might have structural integrity of the spacecraft increase over the previous period of gotten at a private land sale because he as well as to test the viability of the time before we put that tax incentive knew he was going to be able to get heat shield. That has now been post- on the books. this tax incentive. Now it is home to poned until tomorrow. It was my ex- It is a wonderful bipartisan policy be- one of the most popular hiking areas in pectation Senator THUNE would be able cause we are able, by discounting peo- all of that area in Sherman, CT. to go. As it turns out, he has to go ple’s taxes, to keep land as open space The Vanishing Geese Farm in Dur- back to South Dakota. I will be there without it, frankly, going into the ham, CT, the center of the State, has a at the Cape, and we will report on the hands of public land owners, which is 42-acre farm that has been in the Scott launch later on to the Senate next often met with resistance from a lot of family since the 1970s. They des- week. Members from our Western States. perately wanted to continue farming, But it will all be done in 1 day, and Land stays in the hands of the pri- but the ability to have a conservation it will splash down in the Pacific, vate landowner or, in this case, in the easement purchased from them put somewhere in the region of the State of hands of the Wike brothers, who have money in their pockets that allowed the Presiding Officer. They are actu- been farming it for a century and a them to continue to farm but also gave ally going to have television coverage half. But we know, because of that con- them piece of mind, knowing that this of the splashdown because we have a servation easement, it will be main- piece of land that they love is going to Predator that will be over the Atlantic. tained as open space. be able to stay as open space. That is why we have to have the weath- As bipartisan as that idea is, the en- Mr. Scott said, in his own colloquial er there, as well as the weather at the tire genesis of land conservation is a way: ‘‘Having worked the land, cut my Cape, to be exactly right so we can bipartisan idea, and maybe even to an firewood from it, raised sheep on it, record the splashdown, because this is extent it is a partisan or Republican and hayed it, I have developed a lot of a flight test. idea. It was Teddy Roosevelt who quad- affection for it.’’ We are developing a new spacecraft rupled the acreage in our national for- In regard to the donation of the ease- to take humans to missions far beyond ests, invented the National Wildlife ment on his family’s property, he said: low Earth orbit. A lot of people think Refuge System, and proclaimed 18 na- I told my kids that my chest was puffed the human space program was shut tional monuments. He said in 1910: out a little more and when I walked out in down after the space shuttle. No, we ‘‘Conservation is a great moral issue, the snow, it was nice to know that this land are just going into the new design of for it involves the patriotic duty of in- will never be developed. I feel that I’ve kind new spacecraft that can take us on a suring the safety and continuance of of kept faith with the land and with the crit- mission out of Earth’s orbit as we ex- the nation.’’ ters on it. plore the Earth’s heavens. I will give a It was Richard Nixon who created the This is a very important tax incen- report to the Senate next week. EPA and signed into law the Clean tive that, as I said, has resulted in tens I yield the floor. Water Act. In 1970 he said: ‘‘Clean air, of thousands of acres being preserved The PRESIDING OFFICER. The Sen- clean water, open spaces—these should in the State of Connecticut. It is ator from Connecticut. once again be the birthright of every maybe the most important legacy that f American.’’ we leave—to recognize that part of the While there aren’t a lot of Democrats true greatness of this country is the LAND CONSERVATION coming to the floor and quoting Ronald land upon which we live, the open Mr. MURPHY. Madam President, this Reagan, he had some very impressive spaces that define what it is to be an is a picture of Wike Brothers’ Farm in things to say about this country’s com- American. Sharon, CT. Sharon is located in the mitment and his movement’s commit- I mean, the Industrial Revolution very northwest portion in the great ment to conservation, as well. powered us to global greatness but

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.025 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6327 we—maybe better than any other na- to pass. It refused in 2006, 2007, 2010, gress has a responsibility and a duty tion in the world—have found this mi- 2013, and 2014. here. Congress should fund no program, raculous way to marry together devel- The American people, through their should allow no Presidential expendi- opment and conservation, to decide congressional representatives, have ture to be spent on programs it deems that there are going to be places that considered these kinds of proposals, are unworthy. It absolutely has a re- we are going to develop for their nat- they evaluated them, the American sponsibility to ensure this President ural resources or for their industrial people expressed their views on them, spends no money to execute policies capacity. But then there are going to and Congress said no. The people have that are plainly in violation of existing be these magical places, like this beau- been clear on this issue. For decades law. tiful farm in northwestern Con- they have pleaded, demanded, really, This Congress has a constitutional necticut, where agriculture is hap- that this Congress create an immigra- duty, no matter what Members may pening and which to many of us defines tion system that is lawful; that we end feel about the substance of the issue. I the character of the place in which we the lawlessness, that it be principled, have opinions on that. I oppose the live—practical reasons why we should that it serve the national interest, and President’s substantive position. But conserve a place such as the Wike that it serves their interest and not the as a matter of law, separation of pow- Brothers’ Farm to continue agri- special interests. But Congress and po- ers, and constitutional duty, this Con- culture. But I would also argue there litical leaders have refused to do so. gress should stop the expenditure of are spiritual reasons as well—reasons It is unfortunate to a degree I don’t Federal funds for projects that Con- having to do with what it is to be a cit- think I have seen on any other issue. gress has rejected and are not worthy izen and inhabitant of this great Na- Perhaps no other issue defines the gap of funding. Congress has deliberated tion. between the elites in this country and these issues. This is not something it Republicans and Democrats, over the middle Americans who go to work has not considered before. It has re- course of our congressional history, every day, who support our country, jected this policy. have come together to protect open pay our taxes, and fight our wars. Our The special interests have spent, ac- spaces. Since 2006 Republicans and people want our laws that are on the cording to one independent group, $1.5 Democrats have come together to pro- books now enforced. If new laws are billion to try to ram through Congress tect this important tax incentive; 221 needed, they want us to pass new laws an immigration plan the American House Members have cosponsored the to end this lawlessness. But this Presi- people reject and that Congress has re- legislation and 27 Senators. dent rejects the will of the people. His fused to pass. The President hasn’t I will leave with this statement. It is policies nullify the laws we have. His given up, and these special interests a bipartisan legacy for me as well. policies, shockingly, direct Federal haven’t given up, despite the election I ran a spirited race for the U.S. Con- agents to ignore their oaths and not and despite the wishes of the American gress in 2006, beating a 24-year incum- enforce the laws, which creates the people. They want their policies and bent, Republican Nancy Johnson. lawlessness that stains our legal sys- they are going to ram them through There were places where I departed tem in our country today and is caus- this Congress, if they possibly can, no from her legacy and there were places ing so much angst out there. People matter what the people think. That is where I inherited it. Nancy Johnson are not opposed to immigration. People a threat to representative democracy. was one of the authors, one of the cre- are frustrated that their government It is a threat to the laws of this coun- ators, of this important conservation refuses to create a lawful system that try. And the Congress needs to say no. tax incentive. So in my corner of the will work and serve them. Let us be specific now. People may world there is a legacy of standing up What I want to say to my colleagues think: Well, you may not expend for it, which is why I come to the floor is that the President has gone even far- money if you don’t prosecute some- today. ther than that. He has gone farther body. So how are we going to complain I thank the body for the time, I yield than just saying: I am not going to en- about that, Senator SESSIONS? Well, let the floor, and I suggest the absence of force the laws, which he, as a Presi- us look at this. This is from the U.S. a quorum. dent, the Chief Executive Officer, is re- Citizenship and Immigration Service, The PRESIDING OFFICER. The quired to do. He is required to execute which is charged with processing the clerk will call the roll. the laws of the United States faith- applications of people who wish to The assistant legislative clerk pro- fully, which he is absolutely failing to enter the country lawfully. Broadcast ceeded to call the roll. do. But he is moving forward with his on Monday, December 1—just this f immigration agenda, rejected by Con- week—at 11:52. Subject: Today’s email gress and the American people, and he news. IMMIGRATION is moving forward in a lot of different USCIS is taking steps to open a new oper- Mr. SESSIONS. Madam President, I ways. ational center in Crystal City, a neighbor- ask unanimous consent that the order This was an issue in the campaign. hood in Arlington, Virginia, to accommodate for the quorum call be rescinded. The people heard about it just a few about 1,000 full-time, permanent Federal and The PRESIDING OFFICER. Without weeks ago and they cast their ballots. contract employees in a variety of positions objection, it is so ordered. There are nine new Senators elected to and grade levels. The initial workload will include cases filed as a result of the execu- Mr. SESSIONS. Madam President, it this Senate, and not one of them said tive actions on immigration announced on has already started. There is being they supported President Obama’s November 20, 2014. Many job opportunities at readied today a building in Crystal scheme. Not one of them. They stead- the operational center will be announced in City, VA, to house the announced 1,000 fastly opposed it. So in this lameduck the coming days and please continue to mon- workers who will be hired to process Congress, the attempt is being made to itor USAJOBS if you are interested. the unlawful Executive amnesty the move this new lawless agenda forward This is just days from now. President has said he intends to exe- out of fear that it might not be so pop- Now let’s put this little chart up. cute. ularly received next year. This briefly continues on what they The President is already moving for- Is Congress hopeless, helpless, inef- published. This is right off their email. ward. He is rushing to impose his im- fectual? Is it not able to stop this? Ab- Current vacancies include: Special Assist- migration views before the Congress solutely not. Congress has the power to ant GS–12. can contain it or restrain it; before the control what the President does. It has Boy, a lot of people in the country American people fully understand what the power to control what he spends would like to be a GS–12. is happening; and to make it so it can’t money on. The President, the executive Arlington, Virginia, today. Special Assist- be stopped. branch, cannot spend one dime that ant GS–15, Arlington, Virginia. Today. Chief The President’s Executive orders vio- has not been approved by the U.S. Con- of Staff GS–15, Arlington, Virginia. Today. late the laws of Congress—the laws gress. He can’t spend more on roads, It goes on, today, today, today, that Congress has passed—in order to highways, schools, defense, education, today. They are rushing this through. implement laws he wishes Congress had or health care that Congress has not They are determined to get this done passed but which Congress has refused appropriated and not approved. So Con- before the American people can find

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.026 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6328 CONGRESSIONAL RECORD — SENATE December 4, 2014 out what is happening, to raise their fore this action. On May 20, last year, better and we are going to end all this, voice, to communicate with their National Citizenship and Immigration but we will worry about that tomor- Members of Congress and the Senate Services Council president, rep- row—and we are going to do some- and stop it. This is not good for this resenting thousands of USCIS workers, thing. country. issued a statement. For 40 years Congress and Presidents You may say: Well, JEFF, surely the Colleagues, we need to know what have been promising to fix this system. President hasn’t overreached in these has happened. It is unbelievable. The problem is, the special interests matters. But Congress has stated you This is a person directly engaged have won every time. The special inter- cannot enter the country unlawfully. with the people who do the work every ests have blocked the kind of reforms That is a fundamental principle of our day, the law officers who go out there that create a system that we know will immigration law that has been on the and try to adjudicate these immigra- serve our national interests, will be books for many years. If you enter un- tion cases. fair to immigrants who apply, and help lawfully, you are not entitled to work USCIS adjudications officers are pressured the American people live better lives. in America. And if you enter unlaw- to rubber stamp applications instead of con- To make a couple of more points. Oc- fully and attempt to work and someone ducting diligent case review and investiga- tober 28 of this year, Mr. Kenneth tion. The culture at USCIS encourages all hires you and knows that you are ille- Palinkas, the president of the associa- applications to be approved, discouraging tion of 12,000 officers—issued this state- gally here, the employer is subject to proper investigation into red flags and dis- criminal penalties and other penalties. couraging the denial of any applications. ment: That is the basic law. It has been on USCIS has been turned into an ‘‘approval We are still the world’s rubber stamp for the books for years. The President is machine.’’ entry into the United States—regardless of the ramifications of the constant violations just wiping that off the books, col- This is an absolute abdication of the to the Immigration and Nationality Act. leagues. responsibility the Congress and the Whether it’s the failure to uphold the public Are we going to accept this? Are we American people have given to the charge law, the abuse of our asylum proce- going to allow the President to just President as the Chief Executive Offi- dures, the admission of Islamist radicals, or wipe out duly passed laws to create an cer and given all the way down to the visas for health risks, the taxpayers are entirely new system of immigration lowest USCIS officer. They are not to being fleeced and public safety is being en- that Congress refused to establish? Our be a rubberstamp machine. They are dangered on a daily basis. laws are on the books today. He has no not to be an approval machine. They That is what Mr. Palinkas said. Has power to reduce and erase those laws. are to serve the interests of the Amer- anybody ever called him to testify and How serious is this? Last night ican people. They are to evaluate appli- to lay out these dangers? Certainly not former Speaker of the House Newt cations and do so carefully and fairly the U.S. Senate. President Obama has Gingrich—Ph.D. in history, a student and consistently. They are to inves- his secret meetings with businesses and of American government, author of tigate red flags. activist groups—people with their big quite a number of books—made some What is he talking about when he money and their contributions. He met dramatic statements about the mean- says red flags? He is talking about with them all summer. Did he meet ing of this Presidential action, and we threats, criminals, terrorists. with Mr. Palinkas? No. Did he meet should hear it, colleagues. This is the Even Secretary Johnson, Secretary with the head of the ICE officers asso- former Speaker of the House, a student of Homeland Security, testifying a few ciation? No. Mr. Palinkas pleaded and of American history and government. days ago, acknowledged that of these 4 asked to be admitted so he could lay This is what he says about what is hap- million or 5 million people who are out the problems they face on a daily pening today. We cannot be oblivious going to be applying for legal status in basis, and it was rejected. to this, because what happens today America through the President’s pro- Mr. Palinkas goes on to say: will set trends and policies for tomor- gram, there is no way their applica- I write today to warn the general public tions are going to be evaluated. If they that this situation is about to get exponen- row. He said: tially worse—and more dangerous. America Obama funding new staff and offices with- say they came to the country in 1999, dodged a bullet when the Senate immigra- out congressional approval is step toward nobody is going to check on that. They tion package S. 744 was blocked by the kingship or dictatorship. He must be stopped are not going to see if they graduated House. That legislation would have been a fi- now. from some school or had some job nancial security catastrophe. But news re- How much clearer can it be than somewhere and investigate it. They are ports have leaked information to the public that? He goes on to say, in another simply going to act on the paperwork of a USCIS management contract bid for a tweet here: they have been given. And in many ‘‘surge’’ printing of 34 million green cards cases—in the bill that President Obama and employment authorization documents to Congress should only approve very short be provided to foreign nationals, a bid that spending bill to set up fight in January on supported earlier last year—there predicts the Administration’s promised exec- Obama unconstitutional power grab. No long would not be any face-to-face meet- utive amnesty. term CR. ings. They wouldn’t even go into an of- Think about what this officer is tell- Here is the third one from last night: fice and actually see the person. It ing us. It is true. He goes on to say: Our entire constitutional structure is at would all be submitted by email and That is why this statement is intended for stake. The new Obama power grab is the documents, which is highly risky, as the public: If you care about your immigra- greatest threat to freedom since King George the experts told us. They need to see tion security and your neighborhood secu- Third. the person because they may not be the rity, you must act now to ensure that Con- Those are quotes from Newt Ging- person they say they are. They could gress stops this unilateral amnesty. Let your rich. I am telling you, this is not a lit- just submit paperwork, get citizenship voice be heard and spread the word to your tle bitty matter, and we have to fully status, and nobody would have any neighbors. We who serve in our nation’s im- migration agencies are pleading for your understand the nature of what is hap- idea whether they are worthy of being pening here. Congress refused to pass help—don’t let this happen. Express your in the United States. concern to your Senators and Congressmen what the President is enacting right The situation is graver than a lot of before it is too late. now by Executive order and he has no people think. It is our duty to legiti- That was October 28 of this year. He power to do it. He should not be doing mately represent the people in our also issued this statement on May 20 of it. He may well be stopped by lawsuits country who believe this system is sup- last year: in years to come, but Congress has the posed to work. They sent us here. We USCIS officers who identify illegal aliens power to stop it now. We don’t have to say we have an immigration law in that, in accordance with law should be allow money to be spent in Arlington, America. Well, good. And then we end placed into immigration removal pro- Crystal City, VA, to hire 1,000 people to up here. It is not so good. It is not ceedings before a federal judge, are pre- process these applications. working at all. vented from exercising their authority and Now, how are things going in our im- What are we supposed to do? We are responsibility to issue Notices to Appear. migration system today? I wish I could sorry, constituents. We are sorry you It goes on to say: report better circumstances than we voted for us. I know we told you we The attitude of USCIS management— have. The situation was grave even be- wanted to do stuff to make this system These are the political appointees, appointed

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.031 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6329 by the President to execute his views of im- EXECUTIVE SESSION Graham Leahy Roberts migration. Grassley Lee Rubio The attitude of USCIS management is not The PRESIDING OFFICER. Under Hagan Levin Schumer that the Agency serves the American public the previous order, the Senate will re- Harkin Manchin Scott or the laws of the United States, or public sume executive session. Hatch McCain Sessions Heitkamp McCaskill Shaheen safety and national security, but instead Heller McConnell that the agency serves illegal aliens and the f Shelby Hirono Merkley Tester attorneys which represent them. Hoeven Murkowski NOMINATION OF GREGORY N. Thune Inhofe Murphy What a statement. Who is the gov- Toomey STIVERS TO BE UNITED STATES Isakson Nelson Vitter ernment supposed to represent? We DISTRICT JUDGE FOR THE WEST- Johanns Paul represent the people of the United ERN DISTRICT OF KENTUCKY— Johnson (WI) Portman Walsh States who are lawfully here. Kaine Pryor Warner Continued King Reed Whitehouse While we believe in treating all people Wicker with respect, we are concerned that this The PRESIDING OFFICER. Is there Kirk Reid Klobuchar Risch agency tasked with such a vital security further debate on the nomination? mission is too greatly influenced by special Hearing none, the question is, Will NAYS—16 interest groups. the Senate advise and consent to the Begich Johnson (SD) Stabenow Boy, that is the truth. We had in one nomination of Gregory N. Stivers, of Booker Menendez Udall (NM) day Microsoft—a great company—de- Kentucky, to be United States District Boxer Mikulski Warren Cantwell Murray Wyden manding that more workers be allowed Judge for the Western District of Ken- Gillibrand Sanders to come into the country so that they tucky? Heinrich Schatz can work, in the same week they an- The nomination was confirmed. NOT VOTING—8 nounced laying off 18,000. In September of this year, Mr. f Coburn Landrieu Rockefeller Cochran Markey Udall (CO) Palinkas issued this statement: NOMINATION OF JOSEPH F. Cruz Moran Many millions come legally to the U.S. LEESON, JR., TO BE UNITED The nomination was confirmed. through our wide open immigration policy STATES DISTRICT JUDGE FOR every year—whether as temporary visitors, f lifetime immigrants, refugees, asylum-seek- THE EASTERN DISTRICT OF PENNSYLVANIA—Continued ers, foreign students, or recipients of our VOTE EXPLANATION ‘‘visa waiver program’’ which allows people The PRESIDING OFFICER. Under to come and go freely. Yet our government the previous order, there will be 2 min- Mr. MARKEY. Mr. President, I was cannot effectively track these foreign visi- utes of debate prior to the vote on the absent from the rollcall vote on the tors and immigrants. And those who defraud Leeson nomination. nomination of Joseph F. Leeson, Jr. to authorities will face no consequences at all be United States District Judge for the in most cases. Our caseworkers cannot even Mr. CASEY. I ask unanimous consent do in-person interviews for people seeking all time be yielded back. Eastern District of Pennsylvania. Had I citizenship, they cannot enforce restrictions The PRESIDING OFFICER. Without been present, I would have opposed his on welfare use, and they even lack the basic objection, all time is yielded back. nomination. office space to properly function. Applica- The question is, Will the Senate ad- f tions for entry are rubber-stamped, the re- vise and consent to the nomination of sult of grading agents by speed rather than discretion. We’ve become a clearinghouse for Joseph F. Leeson, Jr., of Pennsylvania, NOMINATION OF LYDIA KAY the world. to be United States District Judge for GRIGGSBY TO BE A JUDGE OF Now that is the truth and anybody the Eastern District of Pennsylvania? THE UNITED STATES COURT OF who knows what is going on in our sys- Mr. CASEY. I ask for the yeas and FEDERAL CLAIMS—Continued nays. tem knows it. The President’s action The PRESIDING OFFICER. Under The PRESIDING OFFICER. Is there a will beget even more lawlessness in the the previous order, there will be 2 min- sufficient second? future. It is a statement to the world: utes of debate prior to a vote on the There appears to be a sufficient sec- No matter what the law says, you come Griggsby nomination. ond. to America, you get to stay. You will Who yields time? The clerk will call the roll. not be deported. The Senator from Vermont. The assistant legislative clerk called This is a recipe for disaster. It cannot Mr. LEAHY. Madam President, today the roll. work. What we need in this country, we will vote to confirm Lydia Griggsby Mr. DURBIN. I announce that the and can achieve if Congress and the to serve on the Court of Federal Senator from Louisiana (Ms. LAN- President will act, is to create a lawful Claims. DRIEU), the Senator from Massachu- system and enforce the law. We need to I thank the Majority Leader for fil- setts (Mr. MARKEY), the Senator from make it a system that we can be proud ing cloture on her nomination. She West Virginia (Mr. ROCKEFELLER), and of and that is fairly applied. We need a should have been confirmed several the Senator from Colorado (Mr. UDALL) system that ends the ability of people months ago but Republicans refused to are necessarily absent. to defraud our country and come in un- consent to a vote on her nomination lawfully, and to serve the interest of Mr. CORNYN. The following Senators for no good reason. working Americans. are necessarily absent: the Senator Lydia was nominated on April 10 of That is what it is all about: Are we from Oklahoma (Mr. COBURN), the Sen- this year. She had a hearing on June 4 serving their interest, or are we listen- ator from Mississippi (Mr. COCHRAN), and was reported out of committee by ing to special interests—political the Senator from Texas (Mr. CRUZ), and a unanimous voice vote on June 12. She groups and activist groups, politicians the Senator from Kansas (Mr. MORAN). is completely noncontroversial and ex- who think they gain political advan- The PRESIDING OFFICER. Are there ceptionally well qualified to serve on tage, and certain businesses who want any other Senators in the Chamber de- this court. more, cheaper labor? Don’t we rep- siring to vote? It should not have taken 6 days, let resent the vast majority of the people? The result was announced—yeas 76, alone 6 months, for the Senate to ap- Isn’t there a national interest—an in- nays 16, as follows: terest of the American people? Some- prove her nomination. Despite this un- [Rollcall Vote No. 312 Ex.] necessary delay, I am pleased that we body needs to defend that interest. It YEAS—76 has been lost in this process. finally ended the filibuster and will I yield the floor. Alexander Burr Cornyn confirm her today. Ayotte Cardin Crapo Lydia has served on my Judiciary f Baldwin Carper Donnelly Barrasso Casey Durbin Committee staff since 2006 and cur- CONCLUSION OF MORNING Bennet Chambliss Enzi rently serves as my chief counsel for BUSINESS Blumenthal Coats Feinstein Privacy and Information Policy. In Blunt Collins Fischer The PRESIDING OFFICER. Morning Boozman Coons Flake this position, she has worked across business is closed. Brown Corker Franken the aisle on important legislation to

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.034 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6330 CONGRESSIONAL RECORD — SENATE December 4, 2014 promote accountability and trans- Blumenthal, Jeff Merkley, Al Franken, The legislative clerk read the nomi- parency. Before coming to the Judici- Robert P. Casey, Jr., Martin Heinrich, nation of Jeffery Martin Baran, of Vir- ary Committee she served on the Sen- Elizabeth Warren, Richard J. Durbin, ginia, to be a Member of the Nuclear ate Ethics Committee. Christopher Murphy, Bernard Sanders. Regulatory Commission. I recommended Lydia to the Presi- The PRESIDING OFFICER. By unan- dent for this position because I know imous consent, the mandatory quorum f her intellect and good judgment will call has been waived. make her a fine judge. Before Lydia The question is, Is it the sense of the CLOTURE MOTION came to work in the Senate, she served Senate that debate on the nomination The PRESIDING OFFICER. Under in the Justice Department and tried of Jeffery Martin Baran, of Virginia, to the previous order, there will be 2 min- several matters before the Court of be a Member of the Nuclear Regulatory utes of debate prior to a vote on the Federal Claims. When she is confirmed, Commission, shall be brought to a motion to invoke cloture on the close? it will most certainly be the court’s McFerran nomination. The yeas and nays are mandatory gain and the Judiciary Committee’s Mr. ALEXANDER. Madam President, under the rule. loss. The clerk will call the roll. I ask unanimous consent all time be I will miss her wise counsel and I The assistant bill clerk called the yielded back. wish her all the best. roll. The PRESIDING OFFICER. Without Madam President, I yield back all Mr. DURBIN. I announce that the objection, all time is yielded back. time. Senator from Louisiana (Ms. LAN- The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. The DRIEU), the Senator from West Virginia to rule XXII, the Chair lays before the question is, Will the Senate advise and (Mr. ROCKEFELLER), and the Senator Senate the pending cloture motion, consent to the nomination of Lydia from Colorado (Mr. UDALL) are nec- which the clerk will state. Kay Griggsby, of Maryland, to be a essarily absent. The assistant bill clerk read as fol- Judge of the United States Court of Mr. CORNYN. The following Senators lows: Federal Claims? are necessarily absent: the Senator CLOTURE MOTION The nomination was confirmed. from Oklahoma (Mr. COBURN), the Sen- We, the undersigned Senators, in accord- The PRESIDING OFFICER. Under ator from Mississippi (Mr. COCHRAN), ance with the provisions of rule XXII of the the previous order, the motions to re- the Senator from Texas (Mr. CRUZ), and Standing Rules of the Senate, hereby move consider are considered made and laid the Senator from Kansas (Mr. MORAN). to bring to a close debate on the nomination upon the table and the President will The PRESIDING OFFICER. Are there of Lauren McGarity McFerran, of the Dis- be immediately notified of the Senate’s any other Senators in the Chamber de- trict of Columbia, to be a Member of the Na- actions. tional Labor Relations Board. siring to vote? Harry Reid, Tom Harkin, Patrick J. f The yeas and nays resulted—yeas 53, Leahy, Patty Murray, Tom Udall, nays 40, as follows: CLOTURE MOTION Brian Schatz, Charles E. Schumer, Bar- [Rollcall Vote No. 313 Ex.] bara Boxer, Benjamin L. Cardin, Rich- The PRESIDING OFFICER. Under YEAS—53 ard Blumenthal, Jeff Merkley, Al the previous order, there will be 2 min- Baldwin Harkin Murray Franken, Robert P. Casey, Jr., Martin utes of debate prior to a vote on the Begich Heinrich Nelson Heinrich, Elizabeth Warren, Richard J. motion to invoke cloture on the Baran Bennet Heitkamp Pryor Durbin, Christopher Murphy. nomination. Blumenthal Heller Reed The PRESIDING OFFICER. By unan- The Senator from California. Booker Hirono Reid Boxer Johnson (SD) Sanders imous consent, the mandatory quorum Mrs. BOXER. Madam President, I Brown Kaine Schatz call has been waived. know we have a lot to talk about. This Cantwell King Schumer The question is, Is it the sense of the Cardin Klobuchar will be very quick. Shaheen Carper Leahy Senate that debate on the nomination Stabenow I want to point out that is an opening Casey Levin of Lauren McGarity McFerran, of the Tester at the Nuclear Regulatory Commis- Coons Manchin Udall (NM) District of Columbia, to be a Member sion, which is such an important agen- Donnelly Markey Durbin McCaskill Walsh of the National Labor Relations Board, cy because they work on the safety of Feinstein Menendez Warner shall be brought to a close? powerplants, many of which are aging. Franken Merkley Warren The yeas and nays are mandatory We voted for Mr. Baran for a short- Gillibrand Mikulski Whitehouse under the rule. Hagan Murphy Wyden term seat. He had extensive hearings, The clerk will call the roll. 88 questions asked in writing. I feel NAYS—40 The legislative clerk called the roll. very strongly that he is very suited for Alexander Flake Paul Mr. DURBIN. I announce that the Ayotte Graham this position. He worked for the Energy Portman Senator from Louisiana (Ms. LAN- and Commerce Committee in the House Barrasso Grassley Risch Blunt Hatch Roberts DRIEU), the Senator from West Virginia and worked in a very bipartisan fash- Boozman Hoeven Rubio (Mr. ROCKEFELLER), and the Senator ion. Burr Inhofe Scott from Colorado (Mr. UDALL) are nec- In any case, I think this is a very im- Chambliss Isakson Sessions essarily absent. Coats Johanns Shelby portant position and a very qualified Collins Johnson (WI) Mr. CORNYN. The following Senators Thune individual, and I urge an ‘‘aye’’ vote. Corker Kirk Toomey are necessarily absent: the Senator Cornyn Lee The PRESIDING OFFICER. Is there Vitter from Oklahoma (Mr. COBURN), the Sen- further debate? Crapo McCain Enzi McConnell Wicker ator from Mississippi (Mr. COCHRAN), If not, all time is yielded back. Fischer Murkowski the Senator from Texas (Mr. CRUZ), and Pursuant to rule XXII, the Chair lays NOT VOTING—7 the Senator from Kansas (Mr. MORAN). before the Senate the pending cloture Coburn Landrieu Udall (CO) The PRESIDING OFFICER. Are there motion, which the clerk will state. Cochran Moran any other Senators in the Chamber de- The bill clerk read as follows: Cruz Rockefeller siring to vote? CLOTURE MOTION The PRESIDING OFFICER. On this The yeas and nays resulted—yeas 51, We, the undersigned Senators, in accord- vote, the yeas are 53, the nays are 40. nays 42, as follows: ance with the provisions of rule XXII of the The motion is agreed to. [Rollcall Vote No. 314 Ex.] Standing Rules of the Senate, hereby move to bring to a close debate on the nomination f YEAS—51 of Jeffery Martin Baran, of Virginia, to be a NOMINATION OF JEFFERY MARTIN Baldwin Cardin Gillibrand Member of the Nuclear Regulatory Commis- BARAN TO BE A MEMBER OF Begich Carper Hagan sion. Bennet Casey Harkin THE NUCLEAR REGULATORY Blumenthal Coons Heinrich Harry Reid, Patrick J. Leahy, Patty COMMISSION Booker Donnelly Heitkamp Murray, Tom Udall, Brian Schatz, Boxer Durbin Hirono Charles E. Schumer, Barbara Boxer, The PRESIDING OFFICER. The Brown Feinstein Johnson (SD) Benjamin L. Cardin, Richard clerk will report the nomination. Cantwell Franken Kaine

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.038 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6331 King Murphy Shaheen partment of Energy, shall be brought The PRESIDING OFFICER. Without Klobuchar Murray Stabenow Leahy Nelson Tester to a close? objection, it is so ordered. Levin Pryor Udall (NM) The yeas and nays are mandatory Mr. ROCKEFELLER. Madam Presi- Markey Reed Walsh under the rule. dent, I ask unanimous consent to speak McCaskill Reid Warner The clerk will call the roll. as in morning business. Menendez Sanders Warren The bill clerk called the roll. Merkley Schatz Whitehouse The PRESIDING OFFICER. Without Mikulski Schumer Wyden Mr. DURBIN. I announce that the objection, it is so ordered. Senator from Louisiana (Ms. LAN- Mr. ROCKEFELLER. For hours and NAYS—42 DRIEU), the Senator from Connecticut hours. Alexander Flake McConnell (Mr. MURPHY), and the Senator from The PRESIDING OFFICER. Without Ayotte Graham Murkowski Barrasso Grassley Paul Colorado (Mr. UDALL) are necessarily objection, it is so ordered. Blunt Hatch Portman absent. FAREWELL TO THE SENATE Boozman Heller Risch Mr. CORNYN. The following Senators Mr. ROCKEFELLER. Madam Presi- Burr Hoeven Roberts are necessarily absent: the Senator Chambliss Inhofe Rubio dent, I come today with a spirit of re- Coats Isakson Scott from Wyoming (Mr. BARRASSO), the flection and optimism about our fu- Collins Johanns Sessions Senator from Oklahoma (Mr. COBURN), ture. I am also compelled towards an Corker Johnson (WI) Shelby the Senator from Mississippi (Mr. honest assessment of where we are as a Cornyn Kirk Thune Crapo Lee Toomey COCHRAN), the Senator from Texas (Mr. body—of the promise of what we can Enzi Manchin Vitter CRUZ), the Senator from Oklahoma achieve when we don’t shy away from Fischer McCain Wicker (Mr. INHOFE), and the Senator from compromise and what we can’t achieve NOT VOTING—7 Kansas (Mr. MORAN). when we refuse to compromise. The PRESIDING OFFICER (Ms. WAR- Coburn Landrieu Udall (CO) I also have very much on my mind Cochran Moran REN). Are there any other Senators in that the job of public service is very Cruz Rockefeller the Chamber desiring to vote? hard work, and it is an extremely noble The PRESIDING OFFICER. On this The yeas and nays resulted—yeas 57, and honorable calling. Here in the U.S. vote, the yeas are 51, the nays are 42. nays 34, as follows: Senate we have the unique ability and The motion is agreed to. [Rollcall Vote No. 315 Ex.] responsibility to do very big things: ig- YEAS—57 f nite innovation in our schools and in- Alexander Hagan Nelson dustries, grow and protect a healthy NOMINATION OF LAUREN Baldwin Harkin Pryor country, foster global change borne MCGARITY MCFERRAN TO BE A Begich Heinrich Reed from policies that lead the globe. At MEMBER OF THE NATIONAL Bennet Heitkamp Reid Blumenthal Hirono Rockefeller the same time, we have the oppor- LABOR RELATIONS BOARD Booker Johnson (SD) Sanders tunity to touch individual lives with The PRESIDING OFFICER. The Boxer Kaine Schatz case management. One on one, with Brown King Schumer clerk will report the nomination. Cantwell Klobuchar Shaheen casework, we often reach people in The bill clerk read the nomination of Cardin Leahy Stabenow their darkest hour. Lauren McGarity McFerran, of the Dis- Carper Levin Tester I love the Senate. I love the Senate. Casey Manchin Toomey trict of Columbia, to be a Member of Collins Markey Udall (NM) I love the intensity of the work, the the National Labor Relations Board. Coons McCaskill Vitter gravity of the issues, and I love fight- f Donnelly Menendez Walsh ing for West Virginians here. I learned Durbin Merkley Warner to love this fight, as many of you CLOTURE MOTION Feinstein Mikulski Warren Franken Murkowski Whitehouse know, as a 27-year-old VISTA worker The PRESIDING OFFICER. Under Gillibrand Murray Wyden in the tiny coal community of the previous order, there will be 2 min- NAYS—34 Emmons, WV. It was a place that set utes of debate prior to the vote on the my moral compass and gave me direc- Ayotte Graham Paul motion to invoke cloture on the Wil- Blunt Grassley Portman tion, where everything in my real life liams nomination. Boozman Hatch Risch actually began. It is where I learned Mr. REID. I yield back all time. Burr Heller Roberts how little I knew about the problems Chambliss Hoeven Rubio The PRESIDING OFFICER. Without Coats Isakson people faced there and in other places objection, all time has been yielded Scott Corker Johanns Sessions in the country, how little I knew, and back. Cornyn Johnson (WI) Shelby what a humbling experience that was Crapo Kirk Pursuant to rule XXII, the Chair lays Thune for me. Enzi Lee Wicker before the Senate the pending cloture Fischer McCain My time there was transformative. It motion, which the clerk will state. Flake McConnell explains every policy I have pursued The legislative clerk read as follows: NOT VOTING—9 and every vote I have cast. It was where my beliefs were bolted down and CLOTURE MOTION Barrasso Cruz Moran We, the undersigned Senators, in accord- Coburn Inhofe Murphy where my passions met my principles. ance with the provisions of rule XXII of the Cochran Landrieu Udall (CO) Emmons was where I came to under- Standing Rules of the Senate, hereby move The PRESIDING OFFICER. On this stand that out of our everyday strug- to bring to a close debate on the nomination vote, the yeas are 57, the nays are 34. gles we can enlarge ourselves. We can of Ellen Dudley Williams, of Maryland, to be The motion is agreed to. grow greater. Truly making a dif- Director of the Advanced Research Projects f ference couldn’t be an afterthought. It Agency—Energy, Department of Energy. never could. Rather, it requires a sin- Harry Reid, Christopher Murphy, Eliza- NOMINATION OF ELLEN DUDLEY gular focus and relentless effort. It beth Warren, Kirsten E. Gillibrand, WILLIAMS TO BE DIRECTOR OF Ron Wyden, Tom Harkin, Angus S. would be hard, but the work mattered. King, Jr., Richard Blumenthal, Charles THE ADVANCED RESEARCH That is the deal here. E. Schumer, Mazie K. Hirono, Amy PROJECTS AGENCY-ENERGY, DE- Important undertakings can’t be Klobuchar, Barbara Boxer, Tammy PARTMENT OF ENERGY halfhearted. You have to commit your Baldwin, Bernard Sanders, Sheldon The PRESIDING OFFICER. The whole self—almost like pushing a Whitehouse, Jeff Merkley. clerk will report the nomination. heavy rock uphill. With both of your The PRESIDING OFFICER. By unan- The bill clerk read the nomination of hands you push, because if you let up imous consent, the mandatory quorum Ellen Dudley Williams, of Maryland, to for a split second with either hand, you call has been waived. be Director of the Advanced Research and the rock go tumbling backwards The question is, Is it the sense of the Projects Agency-Energy, Department into the abyss. There is always so Senate that debate on the nomination of Energy. much at stake. of Ellen Dudley Williams, of Maryland, Mr. ROCKEFELLER. Madam Presi- Even today in West Virginia too to be Director of the Advanced Re- dent, I ask unanimous consent to give many are struggling. They are fighting search Projects Agency—Energy, De- my remarks while seated at my desk. to survive. I called them hardworking

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.007 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6332 CONGRESSIONAL RECORD — SENATE December 4, 2014 when I really should say hard-sur- the most liberal and conservative Remembering for whom we work is viving, but they are hardworking and among us knew that each of us had the paramount. When any corporate CEO trying to survive. They are wary of the best interests of our party. That was comes to my office, I show them a future. They are scared of their possi- not in dispute. prized birthday gift to my four chil- bilities. Sometimes they are afraid of While meeting in Williamsburg, VA, dren—our four children—my wife is themselves, which is partly a tradition which was where we had been meeting here—a picture of a hardworking coal which says that change is bad, that at the time, I had to leave suddenly for miner whose face is honest but hurting strangers are bad. I was bad for quite a an important Senate vote on Iraq. I and very proud. That picture means so long time. But that is the way people handed over the gavel to our most con- much to me because it embodies the are. They don’t really want to change. servative Republican Member, someone spirit of those whom I am here to So change comes slowly. We just sim- in whom I had trust. That shocked peo- serve, and silently reminds us of why ply fight twice as hard, and nothing ple, but it helped on the consensus. we must work towards a common stops us. In the end we were proud to vote 32 ground—why this is not about Demo- There is vast dignity and vast honor to 0 in support of the legislation that crats and Republicans, but it is about in helping people. You cannot let go of we put forward and our policy state- the people whom we are here to serve, it. I believe genuinely in the ability of ment as a whole, and it included both bringing different viewpoints to what government to do good, to serve, and to policies. It included the creation of a that means. right injustices. This is why the Senate new Republican child tax credit for the Senator MIKE ENZI and I are not on must be a place in which we embrace first time and a major expansion of the the same side of every vote—to put it commitment to be deliberative, pas- earned-income tax credit, which has mildly—but we are very, very good sionate, and unrelenting. But it must lifted millions of American families friends—a friendship that was made be a place in which we are driven only out of poverty. years ago when I was serving on the by the duty and trust bestowed upon us It worked because we listened to one President’s HOPE mission and he was by the people who put us here. This is another, respected one another, and we the mayor of Gillette, WY, going where everything else should be put wanted to come to an agreement. It slightly crazy trying to build houses aside—boxed out, as it were. was clear, it was obvious, and there it for all the people moving in there Yes, politics led us here. But this is was—32 to 0. Unbelievable, but it hap- through coal. He also had sideburns. I where we shed the campaign—or pened. say that oftentimes—off the record. should—and embrace our opportunities Is that possible these days? My an- On a gray day in January 2006, West to lead, to listen, to dig in, to bridge swer is yes, and I believe that we can Virginia was frozen in disbelief when differences, to govern, and to truly see that spirit again as we address the we learned that 12 trapped miners were make a difference. At our core we must future of the bipartisan Children’s killed in Sago Mine—a mine in the be drawn to the hard, all-consuming Health Insurance Program—CHIP, the north central part of the State. policy work that lives in briefings, way it is known. It currently provides In the days that followed, as we hearing rooms, and roundtables back in health care to 8.3 million children and struggled to make sense of what had our States. Yet our North Star must pregnant women nationwide, and 40,000 happened, Senator ENZI and Senator always be the real needs of the people of those are in West Virginia. CHIP is ISAKSON joined Senator Kennedy, Sen- we serve. so important to me because it offers ator MANCHIN, and myself in West Vir- So policy to me starts with listening. health care which is tailored to chil- ginia. The first two did not real merely It is seeing the faces of our constitu- dren; to wit, it has both mental and visit—they came to understand. They ents—not just thinking of a policy in dental health care tailored to children. came to learn. They came to share in terms of a policy, but a policy in terms It is, in fact, better coverage than the the grief and to offer their support to of the people whom it would affect. Affordable Care Act provides children. the community, and you could tell that You see your constituents, you hear From those early days at Vista, I in their faces. them out, and you understand their have seen the devastating toll that Together, out of tragedy—and be- needs and their problems. You get to lack of medical care can extract from a cause they were members of the know them very well, especially in a child’s well-being and their health, Health, Education, Labor, and Pen- small State such as West Virginia. Lis- their self-esteem—particularly their sions Committee—we forged a com- tening to constituents and colleagues self-esteem—and even their will to suc- promise on mine safety legislation that here alike is absolutely necessary. ceed. brought about, frankly, the strongest Good policy is born out of compromise. Many of you also know the names safety improvements in a generation. Compromise is not easy, but it can and faces of children who have gone It was huge for us. Only 16 States mine happen. If we truly listen to each without access to proper health care, coal, but we are one of them. other, it very well could. and those are the ones we fight for. To this day, Senator ISAKSON carries We separate our campaign selves That is why CHIP has always been a bi- a picture of one of the Sago miners. It from our public service selves. The cru- partisan effort, driven by the needs of is not in the wallet that he is carrying elty of perpetual campaigns destroys real kids and their families. Senators today, but it is in the other wallet our ability to fulfill our oath of office. Grassley and Hatch were instrumental back in Atlanta. I don’t care where it It is hard to build a working relation- in its creation over a period of a couple is, that picture is in his wallet every ship in this institution without an hon- years and long arguments, and they single day. We knew that, as public of- est and open approach with our col- continue to be strong advocates. ficials, compromising and really lead- leagues—Republican or Democratic. The bipartisanship program has ing, men govern—which is why we were But we must build that relationship be- opened doors for millions who des- there. cause together we can do so much, and perately needed to get into a doctor’s Answering the needs of our country without it, we can do—as we have office and had never been able to do so is our responsibility, and we do the seen—nothing. and now are able to do so. best when we work shoulder to shoul- Listening and compromise were key But a warning—every door that CHIP der. It was working shoulder to shoul- to the work of the National Commis- opened will be closed unless we can der when we set our country on a path sion on Children in the 1990s. I was the agree to carry CHIP funding past mid- to future innovation. chair of that Commission, which in- 2015, and I don’t know what the pros- A few years ago, America’s domina- cluded a bipartisan group of govern- pects for that are. All I know is that if tion in our innovation—our inventions ment officials and appointed experts in they aren’t done properly, those doors and creative problem-solving—was various fields from all backgrounds. close; those kids had access to doctors, eroding, and we all knew it. We needed There were many of us—32—and we but they don’t anymore. That is uncon- to act. We needed to reinvigorate our went all over the country for 2 years. scionable to me. We have to look at the leadership in those areas and to keep I can tell you that reaching con- faces of those children in our own our jobs and our future more secure. sensus was tough, but we listened, we States and think about that. It is those We answered that call with a bipar- debated, and we came to trust. Even individual faces that I remember. tisan compromise that delivered the

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.046 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6333 America COMPETES Reauthorization some point in some way it will happen. We have worked to give children a Act. I will never forget that. This legis- As a governing body, we must not fair shot through the E-Rate Program lation made historic investments in allow recent failures to take root, to which introduces the most rural class- basic research, science, technology, en- mean too much to us. We must not be rooms and the smallest libraries to the gineering, and math education. focused on episodic ‘‘gotcha’’ issues world through the Internet, access to a Senator Kay Bailey Hutchison, who rather than working to address broad- foreign language class or research, but preceded JOHN THUNE on the commerce er, more systemic problem solving. No it gives every child a key to unlock committee, Senator ALEXANDER, and I one else is going to step in to do this if their potential. It doesn’t mean they sought unanimous consent to get the we don’t. will, but it means they can. bill passed—because we thought we The truth was on full display a few We know health care is fundamental worked out the details pretty well— weeks ago when the Senate failed to to a fair shot as well. We cannot learn and do it prior to the recess. Therefore, move forward on National Security Ad- or keep a job if we are sick. But pro- we had to do it by unanimous consent. ministration reforms necessary to up- viding that care has not always been as But there were five objections holding hold the mission of protecting our Na- profitable as some companies would the bill still. tion. These are issues on which I have like. So we make sure millions of Instead of retreating to party corners very strong views. I have taken very Americans could have the dignity of and pointing fingers, we compromised seriously my 14 years on the Intel- access to health care under the Afford- right on that center aisle—right there ligence Committee, as a member and as able Care Act. next to Senator COLLINS. We wound it chairman, because the global threats My friend Sam is one of the faces I up and down, we added a little money we face increase daily as the world be- will never forget. When he was battling and we took a little bit of money off. comes more connected. We depend on childhood leukemia and hit his lifetime Mostly we took several billion dollars the highly trained professionals at insurance cap—it is a technical term off. We removed a couple of programs NSA to zero in on those threats. There for a savage consequence—his parents’ that weren’t absolutely necessary to are only 22 of them that make sort of insurance companies walked away from satisfy Kay Bailey or LAMAR ALEX- final decisions. They are highly this courageous little fighter. His par- ANDER. And we had ourselves a $44 bil- trained. They have taken the oath of ents, both schoolteachers, were left lion bill over 5 years on which we office to protect our Nation. with heart-wrenching decisions such as agreed. We didn’t have to have a vote. Now I don’t think we have any excuse getting divorced—which they consid- to outsource our intelligence work to Senator Hutchison and Senator ALEX- ered—so Sam could qualify for Med- telecommunications firms. I work on ANDER tenaciously worked to clear the icaid. Well, in the end it didn’t matter; holds. It was absolutely beautiful. It the Commerce Committee. I have seen Sam lost his battle with cancer. But was just beautiful—a $44 billion pro- what the telecommunications compa- today under the Affordable Care Act we nies do when they can get away with gram to reinvigorate our Nation, cere- have made sure that no insurance com- it—you know, everything from cram- brally and productively. Together we panies can abandon someone like Sam ming to—just all kinds of not very nice passed a bill to revive our country’s when they need help the most. Health things. It is the job of government to flagging global performance ranking care reform will never take away the address this issue. The private sector and catapult us to success. Reaching crushing agony of parents with sick and the free market alone cannot solve moments like those requires persist- kids. Heartbreaking situations like those kinds of problems and should ence. It demands collaboration. It de- Sam’s drove us to say no more, and we not. That is a government responsi- mands trust and compromise, and it is changed the law. Parents deserve to bility being carried out with great suc- so worth it. focus every bit of their energy fighting cess. I am driven by the process of cre- for their kids in every way, not fight- A lot of people say, oh, what if? But ating policy. I love doing that. It is the fact is nobody has ever been able to ing profit-obsessed insurance compa- grinding, it is intense, it can be frus- show me somebody whose privacy has nies. So we did the right thing. We did trating and sometimes heartbreaking— been influenced or broken into by the the right thing. Government also did the right thing often heartbreaking. But when we ac- NSA. Good, hard-working people can be when I fought for what I thought my complish something that is meaningful destroyed by circumstances beyond life depended on, because it did, to pass to the people who have entrusted us to their control. It is our job to not let the Coal Act of 1992, long forgotten. We represent them, there is no greater re- that happen. It is our job to help to had to step in and stop some coal com- ward. give everyone a fair shot. It is much We have to know who and what we easier to say than to do, but that is our panies from walking away from bene- must fight for in our work and in our charge. fits which they had promised by con- own personal views. We have to know Too many children come into a world tract to retired coal miners and their and understand those who will benefit where circumstances preclude the op- widows—folks who were mostly in and those who will lose. And we have portunities they should have. We can- their seventies and eighties. Passing to be ready for it to take a long time— not discount the many challenges our the Coal Act was enormously impor- much longer than we thought—some- society still faces. It is unconscionable tant to our country. It not only pre- times 5 years, sometimes 10 years. in a country like ours that people go vented in absolute terms a national That makes no difference. You keep at without health care or go hungry or coal strike in 1993, but it delivered on it. You don’t let go of it, because if you have no place to call home. the promise of lifetime health benefits keep at it, somewhere along some com- When shareholders and the free mar- earned by 200,000 retired coal miners bination of Senators is going to say, ket cannot or will not solve our prob- and their widows. They would not have yeah, that is OK. And then we get our- lems, it is government’s responsibility been taken care of if those companies selves a bill. to step in every time. People can decry had their way. Also we keep in our souls the faces of government all they want, but we are Nor can we rely on the private sector the people we try to help, the people in here for a reason. When private compa- alone to take care of our veterans. It is my case who were all too often left be- nies decide there isn’t enough profit to government’s duty to provide the hind. The Senate must face serious so- provide Internet to rural areas, then health care they earned. We do this cial and policy issues from health care we step in and we expand broadband, through community-based clinics and to cyber security, caring for veterans allowing the E-Rate to go farther and improved services for PTSD, traumatic coming home, building up our infra- farther out. It now covers 97 percent of brain injury, and family support. It is structure, making our economy work all schools in the country. expensive. Senator ROB PORTMAN and I for everyone. These are our core re- Maybe the private sector decides wanted to pass a bill which would sponsibilities. I am proud that we have they cannot make enough by insuring cause the Department of Defense to made some measure of progress. While the sickest of our children. We must give all people entering the military we seem right now to be at an impasse, act. That is our core mission. It is who mental health screening—not when I know the Senate will rise to the posi- we are as an institution. It is who we they came back from Iraq or Afghani- tion of addressing our issues and at must always be. stan or somewhere else, but before they

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.047 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6334 CONGRESSIONAL RECORD — SENATE December 4, 2014 went in, and then on an annual basis do turned a single West Virginian away. I administration officials after the that again to build a database, to make glory in my gratitude to you. Osama bin Laden raid. It was requested sure we knew that we could take care To my family, who has sacrificed so by the chairman of the House oversight of them better when they came home. much, I thank you. I have been selfish committee, Congressman PETER KING— We rightly asked the government to in my devotion to my work, and I have a very good Congressman, very good on take on some of society’s most funda- been vastly inept in balancing family oversight. mental needs. What I found in Emmons and work. Public service is not encour- He read a column in the New York was a community of genuinely strong aging of balance. Times which indicated that Hollywood and incredibly hard-working people Sharon, you are everything—an ex- filmmakers ‘‘received top-level access who were essentially on their own try- traordinary mother, a remarkable busi- to the most classified mission in his- ing to survive. The free market had not nesswoman, and you are a public serv- tory.’’ Congressman KING was con- made sure that communities such as ant. You have been a visionary in pub- cerned that those disclosures could un- Emmons had good roads or any schools lic broadcasting. Our entire Nation is dermine our ability to successfully or any schoolbuses or any clean drink- indebted to your efforts to educate and conduct covert operations in the fu- ing water or safe jobs. But from my inform us. The impact you continue to ture, so in August 2011 Congressman point of view they deserved all of make on public life is truly remark- KING asked the inspectors general of those. They deserved to have their able. Any achievement I am proud of I the Central Intelligence Agency and shot. Working together on the needs of share with you eternally. the Department of Defense to answer places such as Emmons speaks to our (Applause, Senators rising) five simple questions. My focus during core human connection and to an aspi- Our children—John, Valerie, Charles, these remarks will be on the Depart- ration for the greater good. and Justin—have all been very ment of Defense IG’s investigation. That is what drove me into public thoughtful and endlessly supportive in I became involved, as you might ex- service. It was not something I could my absences. Our grandchildren bring pect, after whistleblowers contacted help. I just had to do it, to help people me so much joy, and I really hope to my office in December 2012 alleging with everything that I have. Every in- see a lot more of them. that Acting and Deputy Inspector Gen- dividual in every community such as To West Virginia, thank you for plac- eral Lynne Halbrooks was sitting on Emmons deserves to have public offi- ing your faith in me—I know it was Congressman KING’s report. They al- cials who will fight the big fight and hard at first—and giving me the great- leged that she—Ms. Halbrooks—was the personal ones, the casework. est reward: the chance to fight for suppressing the report to, No. 1, pro- Extending a hand on those personal meaningful and lasting opportunity for tect her boss, Secretary of Defense Pa- challenges is incredibly meaningful those who were too often forgotten but netta, and other senior officials from work. Our constituents face these absolutely deserve the best. disciplinary action or prosecution, and fights with Herculean courage but not My fellow West Virginians, I am for- No. 2, to further her candidacy to be always the resources to solve the prob- ever inspired by you, and I am forever the next inspector general. lems in front of them. People like the transformed by you. Her nomination was vetted while the 8-year-old who needed a bone marrow I thank the Presiding Officer, and I investigation was in progress. The con- transplant, a procedure that in 1990 was yield the floor. vergence of those potential conflicts of considered experimental. Our office in- (Applause, Senators rising.) interest grabbed my attention. They tervened. We helped that boy get that The PRESIDING OFFICER. The ma- needed scrutiny. The independence of transplant and he still lives today. As jority leader. the Office of Inspector General could a Senator, you take on those fights Mr. REID. There will be many re- have been jeopardized. So my staff with the same vigor as any policy or marks at the end of the year from Sen- started digging. They interviewed key ideological debate and you are equally ators regarding JAY ROCKEFELLER, but witnesses and examined documents proud when you win and you are equal- at this time I suggest the absence of a provided by whistleblowers and official ly hurt when you lose. quorum. sources. Here is what we have found: When I came to West Virginia 50 The PRESIDING OFFICER. The On December 16, 2011, the Depart- years ago, I was searching for a clear clerk will call the roll. ment of Defense Office of Inspector purpose for my life’s work. I wanted The legislative clerk proceeded to General announced that its investiga- the work to be really hard, and what I call the roll. tion would begin immediately and that got was an opportunity to work really Mr. GRASSLEY. Mr. President, I ask it was to be coordinated with the CIA hard along with a real and utterly spir- unanimous consent that the order for inspector general. It would be con- itual sense of mission. This work de- the quorum call be rescinded. ducted by the Office of Intelligence and mands and deserves nothing less than The PRESIDING OFFICER (Mr. MAR- Special Program Assessments headed everything that we have to give. KEY). Without objection, it is so or- by a Mr. James Ives. That investiga- I will miss the Senate. Some days I dered. tion took a year. don’t want to leave, but it is time, ‘‘ZERO DARK THIRTY’’ IG REPORTS A draft report was submitted for which brings me to some profoundly Mr. GRASSLEY. Mr. President, I classification review on October 24, important notes of gratitude. come to the floor today to talk about 2012. The allegations were substan- To my colleagues, I say thank you. ‘‘Zero Dark Thirty’’—not the movie tiated. No. 1, senior officials, including I have mentioned some. I could men- but a report on the movie. The report Defense Secretary Leon Panetta, his tion so many. You are dedicated, you was supposed to tell us how the movie’s chief of staff Jeremy Bash, and Under are brilliant, and you are public serv- producers obtained top-secret informa- Secretary of Intelligence Michael Vick- ants. I love you for putting up with tion from the Federal Government, but ers, allegedly made unauthorized dis- what you have to, particularly the way the report never took us there. closures of highly classified informa- elections are these days. I respect you The Department of Defense inspector tion on that raid. No. 2, these alleged for it so much. Thank you for fighting general stumbled and fell and lost sight disclosures may have placed special op- alongside me. Thank you for chal- of the goal and the need for independ- erations personnel and their families in lenging me. ence. People were exposed to harm, the harm’s way. To my staff, a Senator is really noth- taxpayers’ money got wasted, and al- One month later the draft report con- ing without his staff or her staff, and leged misconduct by top officials was taining those allegations was declared there is not a more committed, tal- shielded by a policy that may have unclassified. A coordination package ented, and deeply passionate staff in been abused. Bureaucratic bungling was then developed. It included a pub- the United States Senate. To my staff, caused confusion, turmoil, and dissent. licly releasable version, talking points you live and you breathe your work ev- For certain, the whole thing was a fi- for reporters, and transmittal memos eryday. You inspire me with your end- asco. to the Defense Secretary and Chairman less capacity for redressing injustice The ‘‘Zero Dark Thirty’’ report was KING. and fighting for people who need you driven by the hemorrhage of leaks of This package was circulated inter- and come to you in need. You never highly classified information by senior nally for review and clearance. The

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.049 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6335 next and final step was submission to port was reaching critical mass in late blowing and Transparency, maybe he Deputy IG Halbrooks as a request for 2012, the Panetta case had to be re- just thought he was doing his job and release. Now, by normal standards, the ferred back to the CIA IG for investiga- being—as every government official report was ready for issue. However, tion. Panetta’s alleged misconduct was ought to be—very transparent because there was a major foul-up—a real show the heart and soul of the report. the public’s business ought to be pub- stopper. The review process was bun- It was suddenly gone, leaving the re- lic. Around this town, however, that is gled from start to finish. port hollow and empty. How could all not always the case. All references to unauthorized disclo- this senseless blundering happen unless Mr. Meyer’s admission triggered sures of highly classified information it was part of a plan to slow-roll or swift and decisive action. He was ac- by senior officials had to be stripped even torpedo the report. The blun- cused of making false statements, plac- from the report before it could be pub- dering was coupled with unexplained ing his security clearance in jeopardy. lished. This draconian measure, which delays. This action had the potential of de- gutted the report and made it unfit for Between mid-December and early stroying his career. Now, fortunately— publication, was mandated by a long- January, Deputy Ives finally completed and this doesn’t happen very often standing department policy. This long the mandated substantial review, around this town—the new inspector standing department policy was known which gutted the report. However, it general at the Department of Defense, only to the two leaders of the inves- did not regain forward motion until Jon Rymer, intervened in Mr. Meyer’s tigation, Deputies Halbrooks and Ives. after Secretary Panetta retired Feb- behalf and blocked those efforts. It was their responsibility to execute it ruary 27, 2013. The case against Mr. Meyer was very at the front end of the review. Halbrooks claims she did not receive flimsy, though his clearance is still I want to make one point crystal or see a draft until March 25, 2013. hanging fire. In the end, Mr. Meyer clear. I don’t support the policy of cen- Aside from a few minor edits, there is bore the brunt of blame for the POGO soring reports. It is a bad policy that no record of significant edits between leak. The principal targets of the in- needs to be changed. My beef, though, Mr. Ives’ review and publication of the vestigation—Panetta, Vickers, and is if that is the policy, then it should report. The 3-month delay in reaching Bash—skated. Mr. Meyer exposed their have been followed, but it wasn’t fol- her desk and subsequent delays until alleged misconduct, and yet he got lowed until the last possible moment. June remain unexplained and unac- hammered. Justice was turned upside To make matters far worse, both Ives counted for. down. These facts create the perception and Halbrooks failed to communicate What happened during the 22 months that the review process was slowed by the policy mandate to those who need- between Chairman KING’s request and Halbrooks and others at her direction ed the information to ready the report June 2013, when the report was finally to shield Department of Defense offi- for publication. Halbrooks and Ives issued, is a tangled bureaucratic mess. cials from scrutiny. She claims her kept the investigative team in the Despite exhaustive questioning, a sat- nomination was dead at that point and dark—like a bunch of mushrooms. So isfactory explanation hasn’t been no longer a potential conflict, but she they had the mistaken notion the un- given. What I have presented today is offers no evidence to back it up. censored report was final and ready to Moreover, this timeline fits with just a brief summary of the facts and go. This caused a great deal of turmoil. other relevant information. According analysis laid out in greater detail in a Two factors set the stage for the bun- to a whistleblower, she stated repeat- staff report that I released today. gled review process. First, the official edly that the report would not be In that report my staff identified po- assigned to lead the project, Mr. Ives, issued until Panetta stepped down— tential red flags pertaining to the way lacked relevant professional experi- and that is exactly what happened. the Office of the Inspector General han- ence, and top management failed to ac- Finally, the bungled review process dled the ‘‘Zero Dark Thirty’’ report. tively supervise his day-to-day may have triggered whistleblowing. These were boiled down to nine conclu- progress on the report to ensure that Whistleblowers thought the report was sions that fell into four broad cat- he followed established protocols. He about to be issued in late 2012 when egories: No. 1, impairment of IG inde- needed guidance navigating his way media talking points were circulated. pendence and lack of commitment to through an unfamiliar process but re- When that didn’t happen, they per- the spirit and intent of the IG act; No. ceived no guidance. Plus, his appoint- ceived a coverup. They contacted my 2, weak leadership; No. 3, mismanage- ment was limited to 4 months on a office and then they leaked the report ment; and No. 4, waste of time and tax- project that took 2 years. to the Project on Government Over- payers’ money. This was a recipe for disaster. sight, which is normally referred to The staff findings suggest that some Second, the problem was compounded around this town as POGO. corrective action may be justified, in- by a failure to coordinate with the CIA The uncensored version of the report cluding an appropriate measure of ac- inspector general before the investiga- appeared on POGO’s Web site on June countability. If misconduct and/or mis- tion got rolling. Effective coordination 4, 2013. Ten days later, the IG’s office management occurred, then Deputies was essential. Congressman KING’s re- reacted by finally issuing a censured Lynne Halbrooks and James Ives, both quest crossed jurisdictional lines be- version of the report. If POGO had not of whom led the ‘‘Zero Dark Thirty’’ tween two powerful agencies, the CIA acted, the report might never have project, would appear to be chiefly re- and the Department of Defense. seen the light of day. It might have sponsible for whatever happened. The CIA’s inspector general was ulti- been pigeonholed for good. It is also recommended that the long- mately responsible for the alleged mis- Immediately after the initial report standing department policy—which conduct because it occurred while Pa- was issued, Halbrooks launched a hunt earlier I told you I disagreed with—of netta and his Chief of Staff, Jeremy for the mole. She wanted to know who censoring sensitive information from Bash, were CIA employees. The fact leaked the reports to POGO. Extensive reports not be applied to cases involv- that they had moved to the Pentagon interviews were conducted and 33,269 ing alleged misconduct by top officials after the investigation started was ir- emails were examined, but the leaker because agency heads and their senior relevant. was not found. deputies should be held to a higher This was a no-brainer, but for inex- However, during questioning, Mr. standard. They should be subjected to plicable reasons the Department of De- Dan Meyer, the DOD OIG Director of greater public scrutiny. This policy fense IG tackled the Panetta-Bash alle- Whistleblowing and Transparency, ad- needs review and possible modification. gations. This was an irresponsible and mitted to giving a copy of the report to When all is said and done, the proof wasteful action. It took over a year of Congress. He was one of the many OIG is, of course, in the pudding, as they groping down blind alleys for the re- employees who mistakenly believed say. What good came from this effort? ality to finally sink in. By then it was the uncensored version of the report Its true value is reflected in the end way too late. circulated in late 2012 for final review product, the highly sanitized report The failure of the two agencies to co- and clearance was, indeed, final. that was finally issued June 14, 2013, 6 ordinate effectively right up front had He thought it was ready to go out the months after it was finished. I believe disastrous consequence. Just as the re- door. As the Director of Whistle- that it is a second-class piece of work

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.053 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6336 CONGRESSIONAL RECORD — SENATE December 4, 2014 that is not worth the paper that it is was harmful to morale, and harmful to I have heard the complaint the pro- written on. the perceived independence of the IG’s posal was too business focused. Since Even Halbrooks seems to agree that office. It should be used as an edu- business today is mired in a swamp of the report’s face value is close to zero. cational tool to teach Office of Inspec- regulation and guessing games and un- This is what she said during an inter- tor General employees in any depart- predictability, the focus of a so-called view with my staff. She said that once ment of government how not to con- tax-extenders bill should have darn Ives removed all the derogatory infor- duct investigations of alleged mis- well been focused on business. Not mation on Panetta and Vickers, the re- conduct by senior officials. every person in America works for our port was no longer interesting or im- I yield the floor. growing government. portant to me—meaning her—and it The PRESIDING OFFICER. The Sen- The deal would have also helped indi- just dropped off my radar screen—and ator from Kansas. vidual taxpayers, from teachers taking words to that effect. She was talking THE EXTENDERS BILL a deduction for school supplies they about the report issued June 14, 2013. Mr. ROBERTS. Mr. President, I purchase with their own money to help Halbrooks is correct about the value would like to amplify the remarks for homeowners who have defaulted on of the report, but she is dead wrong made recently by my colleague from a mortgage or faced financial hardship, about her responsibility as IG for the Utah Senator HATCH, our distinguished to deductions for college tuition and unfinished report. At that point, she ranking member of the Senate Finance expenses. These provisions would keep appears to have lost sight of her core Committee, concerning the year-end more money in the pocket of tax- mission as the inspector general. tax legislation—what is called the tax payers, a better place for it. The package represented months of The report was about alleged mis- extenders bill. good-faith work by the tax committees conduct by her boss, the Secretary of Senator HATCH was entirely correct, and leadership in both Houses of Con- Defense. It was requested by the chair- it seems to me, when he said that get- gress, something unique that we have man of the House oversight committee, ting this legislation through the Sen- not experienced around here for quite a Mr. KING. ate had been an ordeal, an unnecessary She had a solemn duty to put it back while. Obviously, the deal wasn’t per- ordeal not only for the Senate but on her radar screen and keep it there— fect by any stretch, but it would have more particularly for every person in front and center—until it was fixed. been a great downpayment for true tax business back home in my State of Once it was ready and up to standard, reform. Most of all, it would have Kansas and also throughout the coun- she should have presented it proudly brought certainty and clarity to tax try—Utah, Kansas, wherever in the and enthusiastically to the Congress policy, something we sorely need and United States. I am talking about and the Secretary of Defense—and done which is long overdue. farmers, ranchers, small business own- it properly and in restricted format, if Let me give an example of what I necessary. ers, manufacturers and all of their em- mean. Earlier this week I visited with This project was an unmitigated dis- ployees; in other words, the backbone farmers in Kansas at the annual Kan- aster spawned by a series of top-level of our economy. sas Farm Bureau meeting—about 1,000 missteps and blunders. All the wasted It is a real shame that the longer farmers attended. One farmer, who energy and blundering produced noth- term extenders deal developed by the shared his views so pretty much every- ing better than internal confusion, tur- chairmen of the tax committees and body around him could hear, told me moil, dissent, and more alleged mis- the leaders in the House and Senate— he had recently purchased new farm conduct. yes, you heard me right, both chairmen equipment—combines and tractors so Two years’s worth of hard work and in the House and Senate and both lead- his family could step up work on their money was more or less poured down a ers—have agreed that basically this land, expand their operation, and he rat hole. To make matters far worse, a deal that was reached before the was upset. Actually, he was not upset, valued employee was threatened with Thanksgiving holiday has collapsed. he was mad because, according to him, termination. This person has unique The deal included a number of very ‘‘we’ve been messing around in Wash- and unparalleled knowledge of whistle- critical items, including a permanent ington too much with the extenders blowing and a rock-solid commitment simplification of the research credit bill.’’ He was mad because if the equip- to fair treatment of whistleblowers. that would help businesses plan and in- ment expensing rules aren’t extended, Were it not for Inspector General vest in job-creating innovation. The he is out many thousands of dollars. Rymer, he would be out on the street package also included a number of pro- That is just a portion of what has been this very day. Halbrooks’ search for visions for which I had worked very spent. But that is money he would have the mole was misguided. hard, including special depreciation used to buy more equipment or more The inspector general’s office needs and expensing rules that are very im- land—the productive use of capital— strong leadership that has the courage portant to agriculture and small busi- and not some trivial amount used for a to tell it like it is and to report wrong- ness. vacation or something else. doing promptly to agency heads and The plan also included bipartisan leg- It is not just this farmer. My phone even Congress with recommendations islation I developed with Senator SCHU- has been ringing off the hook all month for corrective action. When the Sec- MER to modify the research and devel- with calls from farmers, ranchers, retary and the Under Secretary stand opment tax credit so it could be more equipment dealers, and other busi- accused of misconduct, as in this case, easily used by smaller businesses, nesses that need to know whether this the IG should double down and ensure where the bulk of technological inno- will get extended, and they, too, are public accountability. Thus far in this vation occurs. upset—make that mad. They are frus- matter there has been none because The plan also included long-term ex- trated, and they need us to get to work truth was hidden behind a questionable tension of legislation I have pushed to to help them run their businesses and policy that may have been abused. make sure smaller businesses are able their lives. There is an excellent case in point to access the capital they need to grow Yes, even with the recent blowup, we from just a few years back. Deputy and hire new employees. will extend these tax provisions but Secretary of Defense and CIA Director These provisions are not giveaways. only for 1 year—a month—and then we John Deutsch allegedly mishandled They free up capital and cash that can will be back at it again next year, and highly classified information and got be invested and recycled into economic these folks will be in the same posi- hammered for doing so. He lost his se- growth. That is a good thing. We tion, the same kind of purgatory, won- curity clearance for 6 years and came should have done that. These provi- dering whether we will ever come to very close to prosecution. Unlike this sions do not fit within the class war- our senses, wondering whether to buy case—the ‘‘Zero Dark Thirty’’ leaks— fare debate—actually, it is not a debate that new tractor or buy the new pro- the John Deutsch matter was dealt but rather a diversionary tactic that duction line or to hire new employees. with effectively and it was aired pub- actually took place, that shouldn’t Every day when I visit with business licly. have even been mentioned. A veto owners and taxpayers in Kansas I hear The ‘‘Zero Dark Thirty’’ model was should never have even been forth- over and over one simple refrain: Sen- wasteful of the taxpayers’ money, it coming from the White House. ator, we need certainty in the Tax

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.054 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6337 Code. We need to be able to rely on a regular order in the Senate, in par- and cared deeply for all the people of stable tax system so we can plan and ticular with all of the major fiscal the city of Fargo. The people of Fargo grow our business. Senator Pat, the issues we face. always came first for him, no matter Congress needs to do something about Bringing the extenders package to what. these tax extenders. the Finance Committee was a strong For many of us, Denny will always be I couldn’t agree more, and I think sign that we mean business and that we remembered for leading the city’s most of us, if not all of us on the Sen- are ready to move on a bipartisan basis flood-fighting effort, particularly in ate Finance Committee, couldn’t agree to address the fiscal issues that are fac- 1997 and 2009 when the city of Fargo more. The lack of certainty about ing the country. Sadly, that effort was confronted a historic flood. He had these tax provisions is bad for Amer- sabotaged. Without that action, we keen instincts when it came to under- ican families. It is bad for business would be moving toward a more sen- standing and predicting the Red River looking to create jobs, and it is bad for sible, bipartisan, progrowth extenders and wasn’t afraid to push back on the our economy. It leaves businesses un- bill and perhaps well on our way to tax so-called experts. His calm, clear, and able to plan ahead and invest because reform. That we are not is a shame. It decisive decisionmaking in 2009 when they are left in the dark about what didn’t have to be this way. he made the decision that the city tax provisions will affect their oper- Mr. President, I yield the floor. would not evacuate when facing record- ations. The PRESIDING OFFICER. The Sen- setting flood levels but would instead So what happened to the deal? Why ator from North Dakota. stay and fight together—that image of are we at this point debating another TRIBUTE TO FARGO MAYOR DENNIS WALAKER him building our city and building our kick of the can down the road? The im- Ms. HEITKAMP. Mr. President, I community will forever be etched in perial Presidency has happened. The have a couple of things I wish to do be- the memories and the minds of those of President has decided that instituting fore I assume the Chair, and I want to us who knew Denny. an Executive amnesty was the best express my great gratitude to my However, for all of the discussion course of action before the end of the friend from Massachusetts for his will- about the flood fight, there is so much year. ingness to sit tight for a little bit. more Denny did in addition to his role President Obama’s immigration gre- I was sitting here thinking about the as chief flood-fighter, but much of it nade doomed the tax extenders deal. two men I want to talk about, and I was under the radar. It was away from Real negotiations unraveled, a veto was thinking about how similar they the spotlight. threat was issued, and the bipartisan are; how different their backgrounds Just a few weeks ago I was with the compromises were killed. Because of are but how similar their goals in life mayor in one of his last public appear- President Obama’s my-way-or-the- and their interests in the people they ances. It was an event where we were highway approach to leadership and to serve. It is the great irony of our de- honored for the work we had both done amnesty, Congress is now forced to mocracy that regardless of where you on affordable housing. At that event he once again cobble together a 1-year tax come from, if you come to serve the remarked to me and the others who policy patch that basically nobody public, you come to love the public, were there how proud he was to receive wants. This hurts families, job cre- and you come to believe in the work that award and how proud he was about ators, farmers, ranchers, teachers—ev- you do and believe that every person the work he had done on affordable eryone who needs to plan ahead to suc- has to be given an opportunity. housing because, he told all of us, he ceed. So I first want to offer my great con- wanted to make sure that Fargo was a So instead of working with Congress dolences to the family of Mayor Denny city for every citizen, that every cit- to develop an immigration reform com- Walaker from our great city of Fargo, izen in Fargo had an opportunity for a promise, we have the most arrogant at- ND. It is truly with a heavy heart I good home. He was passionate in fight- tack on the Constitution I have ever come to the floor to pay tribute to the ing for those less fortunate, and his seen. Once again the President placed mayor of Fargo. heart and his personality really were partisan politics above the needs of the Dennis Walaker—to those of us who unmatched. middle class—our workers and business knew him well, Denny—passed away People like Mayor Walaker are the owners, our students, our teachers, and Tuesday after a very short but aggres- unsung heroes of our democracy. He indeed our entire economy. sive fight in his battle against cancer. stepped up to serve when his city need- Without this unprecedented illegal His passing I think shocked most of us ed him, and he was a friend and hero to Executive order, we would right now be and certainly saddened all of us. so many. discussing a long-term extension of Mayor Walaker was a giant in Fargo, A few weeks ago I was in Fargo for these vital tax provisions. We could not only in stature—he was a big guy— the College Game Day. Denny couldn’t maybe even have voted on it as of this but as a leader and fighter for the city make it because he was recuperating year—as of this week—laying a strong he loved. He dedicated his entire life to from surgery at his home. I had a base for comprehensive tax reform. In- public service, first serving in the chance to talk to him on the phone, stead, the President has sacrificed job- North Dakota Department of Transpor- and I was explaining the scene for him producing tax policy for the expedience tation, later joining the city of Fargo in downtown Fargo—the part of Fargo of Executive action. as a civil engineer. he had revitalized and nurtured back to As I have said elsewhere, the Presi- For 40 years, Denny has been a fix- an incredible, healthy center of activ- dent has seemingly no interest in a ture in this growing city, from leading ity for that great city. I was telling constructive working relationship with the city’s flood fight in 1997 as chief op- him how proud he would be to see not Congress. He didn’t have any intention erations manager for the city and later only the citizens there enjoying them- of listening to the will of the American as mayor. One cannot think of Fargo selves but also the work that had been people, and he has no respect for the without thinking of Mayor Walaker done by the city workforce and the fact constitutional boundaries of his office. and seeing in every corner the impact that Fargo was able to move that game This is beyond troubling, but its spill- he made, whether it was infrastructure day effort on such short notice. I think over into other areas, such as tax pol- investment improvements to providing it really is indicative of the history of icy, does not bode well for the bipar- a strong foundation for a thriving com- Fargo, and that history was part of the tisan development of policy to build munity and city, to the revitalization history Denny built. the economy we so desperately need of the city’s downtown, to his focus on He will always have a place in my and that we were so close to achieving. those within the city who are less for- heart. He will always have a place in But let us be hopeful. Maybe some- tunate. the hearts of so many in Fargo and the thing good will come out of this whole He led the city through unprece- surrounding areas and throughout the situation. Maybe we will recognize the dented growth while always working State of North Dakota. level of dysfunction illustrated by the diligently to make sure the region se- I love Denny. I am pretty sure he was Executive order, and I hope it will cured the long-term flood protection the only public official in North Da- point us back to regular order. It is that was necessary to sustain that kota who had a picture of Barack critically important that we return to growth. He was always willing to listen Obama on his wall. He had met the

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.057 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6338 CONGRESSIONAL RECORD — SENATE December 4, 2014 President. He believed in a lot of what enormous heart for the people he of more than 2 million acres of our Na- the President had said—obviously not served. tion’s natural outdoor heritage. on everything, but he believed in public Mr. President, I yield the floor. Unfortunately, as with so many pro- service, and he believed in the chal- The PRESIDING OFFICER. The Sen- visions in the tax extenders bill, this lenges and respecting people who ator from New Hampshire. tax incentive lapsed at the end of 2013. stepped up. ENHANCED TAX INCENTIVE FOR CONSERVATION As a result, landowners who want to We mourn Denny’s loss, but we cele- EASEMENT DONATIONS donate their land for conservation but brate his life as an incredible example Mrs. SHAHEEN. Mr. President, I need this enhanced deduction to make of a leader. He was one of a kind. I offer begin by echoing the wonderful anal- it work financially are left in limbo. my sincerest condolences to his wife ysis of my colleague Senator HEITKAMP Making this incentive permanent Mary, his daughters, grandchildren, relative to how much we are all going will provide much needed certainty to and his entire family. I also extend my to miss Senator JAY ROCKEFELLER. As landowners because the decision of sincerest condolences on the loss of a she pointed out, he reminded us today whether to donate conservation ease- great mayor, a great public servant, why we all are here, and that is to try ments on land—and land is often a fam- and a great friend to a great city, the to make a difference for our constitu- ily’s most valuable asset—requires city of Fargo. ents and for the people we serve. No careful planning and consideration, and TRIBUTE TO JAY ROCKEFELLER one did that better than JAY ROCKE- it often takes years from the initial Mr. President, I have only known JAY FELLER. He was always a voice for conversations with the landowner be- for a couple of years. When I first those most in need and never stopped fore conservation easement is exe- started, I would go home to North Da- fighting for the people he served. We cuted. Understandably, many land- kota and people would ask me kind of will certainly miss him. owners will never begin this process consistently: So whom do you meet? I come to the floor this afternoon to without the assurance of a permanent To whom do you listen? What has been talk about a provision that I think we incentive. a big surprise? Who are your favorite need to make sure is included as we In New Hampshire we have seen first- people? continue to negotiate and debate the hand how valuable the enhanced con- This may come as a surprise because tax extenders package, a common- servation easement tax credit is when I didn’t come with the idea that I sense, bipartisan, bicameral provision it comes to making sure we are pro- would have an opportunity to work that enjoys a lot of support and one tecting our special outdoor places for with or spend time with Senator that I think should be included in any generations to come. For example, ROCKEFELLER, but I said: The one per- reform or extension effort; that is, the take Henry Brooks, Jr., and his sister son who impressed me the most when I enhanced tax incentive for conserva- Linda Brown. They donated two con- first got here was Senator JAY ROCKE- tion easement donations. servation easements on about 200 acres FELLER. Conservation easements are a critical of land in Sullivan, NH, which is down For so many of us, he is a giant—not component of modern-day efforts to in the western part of our State in only physically. preserve our outdoor treasures. That is what we call the Monadnock Region, They would say: What about him? something which means a lot to us in not too far from the Vermont border. One of my finest moments was New Hampshire, where we have so The land had been in their family since watching Senator ROCKEFELLER stand many wonderful natural resources and the time of the town’s founding—over and visit with BARBARA MIKULSKI. I am historic resources, and we want to try 200 years. It is open fields with expan- pretty sure she might be the shortest to preserve them. sive views all the way to Vermont. The person in the Senate, and I am pretty One of the things that conservation fields are pasture and hay lands that sure JAY might be the tallest. easements do is provide a flexible, vol- are used for Henry’s beef cattle. The I would say: What you don’t know untary, nongovernmental, and non- forests, streams, and wetlands also pro- about Senator ROCKEFELLER is that not regulatory approach to protecting our vide excellent wildlife habitat. only in intellectual stature but in Nation’s natural places. Conservation The enhanced conservation easement physical stature he is a giant of a man. easements and tax incentives for their tax incentive was very persuasive in But it is not the intellectual stature donations allow landowners to ex- the decision to move forward and finish of Senator ROCKEFELLER that im- change development rights in order to the project by the end of 2013. In par- pressed me. It certainly wasn’t his size protect a property’s conservation val- ticular, the ability to take that deduc- that impressed me. It was the size of ues. That then allows them to pass on tion over the course of 16 years is going his heart and how much he cared for those conservation values to future to make a significant difference for the people he served in West Virginia. generations. Easements keep the land Henry, who is really of modest means. I had a chance this year to travel to in its natural state and ensure that As his sister Linda said, the enhanced West Virginia and spend time with the these outdoor treasures aren’t sub- incentive is a win-win situation. folks of his great State. As they were divided and exploited. Just as impor- Another example that I think is sig- looking at this transition, they would tant, lands placed in conservation ease- nificant is the Squam Lakes watershed. tell me stories about Senator ROCKE- ments can continue to be farmed, The Squam watershed is renowned for FELLER. They would tell me stories grazed, hunted, or used for outdoor its conservation ethos, and it is the about what he meant to them and the recreation and wildlife conservation. only watershed that is listed on the things he had gone out of his way to Equally important, they remain on the National Register of Historic Places. do—things that were beyond maybe tax rolls, which makes a huge dif- Organizations, such as the Squam Lake even what the expectations of a popu- ference to local communities. Conservation Society, have used con- lous would ever be, but JAY was there In 2006 Congress recognized the im- servation easements to protect 25 per- for them, and they knew that every portance of promoting conservation cent of the watershed, and, thanks to day when he woke up, in his heart were easements by enacting the enhanced tax deductions, 91 percent of these the people of West Virginia. I think we tax incentive for conservation ease- easements were donated. Think about heard that today with his floor speech, ment donations. That was done with that—25 percent of the watershed and as he talked about the impact of com- bipartisan, bicameral support because 91 percent of it has been donated. ing to West Virginia as a young VISTA it is an idea that makes sense. Projects like these in New Hampshire worker, the impact it had on him that This tax incentive provided working are great examples of the need to changed his life and created the man and middle-class landowners with the renew the enhanced conservation ease- we see today. ability to donate their land for con- ment deduction. Protecting these So I celebrate a Senator with an servation as opposed to simply selling spaces isn’t just good for the environ- enormous intellect and an enormous off the land to the highest bidder, al- ment. Certainly that is the case, but it capacity for facts and data and public lowing it to be developed and parti- is also critical to New Hampshire’s policy, but that wasn’t what made him tioned off. The great thing about this economy, and I know that is true in a great Senator. What made JAY incentive is that it worked. It is di- other States as well. Our economy de- ROCKEFELLER a great Senator was his rectly responsible for the conservation pends on tourism, on outdoor

VerDate Sep 11 2014 05:19 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.058 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6339 recreation. We have thousands of jobs ferent things, but people in our office and wish her and her family well and that are created in those industries know she is the go-to person. If you look forward to seeing her around the that bring millions of dollars into our want to get something done in our of- neighborhood and maybe even someday State, and if we can preserve our land- fice, you go through Summer. back in the small town of Onida, SD. scape and protect our national re- So when it comes time for her to Madam President, I yield the floor. sources, it makes a huge difference in move on to a different opportunity, ob- The PRESIDING OFFICER. The Sen- ensuring that those industries are suc- viously, it is a time that we want to ator from Indiana. cessful, that tourists want to continue recognize and pay tribute to her great SECRETARY OF DEFENSE NOMINEE to come and visit. service in our office. Usually around Mr. COATS. Madam President, it is Right now we have families who are here—I think most people know this— widely anticipated that the President making decisions about what they are it is the Members themselves, the Sen- intends to nominate Dr. Ashton Carter going to do about conservation ease- ators whose names are in the press re- to be the next Secretary of Defense, ments, and they are in limbo because leases, whose names get to be on the perhaps as early as tomorrow, and I Congress has not yet acted on this door, but it is the staff who really gets welcome that nomination. Should Dr. issue. We haven’t determined if we are things done in the Senate, and I have Carter take over the helm at the De- going to pass that forward. So people been very blessed and fortunate to have fense Department, it would coincide don’t know whether they are going to people such as Summer Mersinger work with an ominous development on a na- have any certainty about taking a tax in our office. I think of all the people tional security issue that he and I have deduction on a conservation easement. who work in the Senate and the hard dealt with together in the past, and It is time for us to provide some cer- jobs they have trying to balance the that issue is the growing danger that tainty to encourage people to make hours we have to put in, the sacrifices Iran will soon be able to develop nu- those contributions to protect these that come with that, the time away clear weapons and the inability of pro- national treasures. It is important not from family, always being on call on longed negotiations with Iran to pre- only in New Hampshire, I am sure it is weekends, always having to put out vent them from doing so. important in North Dakota and across fires, whatever that might be—well, In 2008 Ash Carter and I participated this country. that is the role Summer has served in in coauthoring a report by the Bipar- I urge my colleagues, as we are con- our office for a very long time. tisan Policy Center entitled ‘‘Meeting tinuing to look at a tax extenders bill, Not only is she very skilled at what the Challenge: U.S. Policy Toward Ira- that we support this legislation that she does, but she brings so many other nian Nuclear Development.’’ In that re- will make smart incentives to help our attributes to the job. Summer is some- port we acknowledged that Iran’s nu- local economies grow stronger and help body who has a powerful work ethic. clear program would pose ‘‘the most the middle class. She is somebody who has over the significant strategic threat to the Thank you very much. I hope we can years expressed a calming demeanor in United States during the next adminis- make some progress on this next week. our office, as somebody who always is tration.’’ That group, which was co- I yield the floor and suggest the ab- able to deal with people, all personal- chaired by former Senator Chuck Robb sence of a quorum. ities, and somebody who most impor- and myself, included many with long The PRESIDING OFFICER (Ms. tantly has absolute integrity. Her wise and well-respected credentials on for- HEITKAMP). The clerk will call the roll. counsel is something from which I have eign policy matters. The legislative clerk proceeded to benefitted enormously over the years. That report also emphasized what call the roll. One of the great attributes is she is in- was at stake and what the con- Mr. THUNE. Madam President, I ask tensely loyal when I don’t deserve it. sequences would be if Iran was allowed unanimous consent that the quorum She has been somebody who has been to achieve nuclear weapons capability. call be rescinded. an ally and I couldn’t have a better I want to quote from what we said and The PRESIDING OFFICER. Without ally than she. concluded. objection, it is so ordered. So as she departs to do something A nuclear-ready or nuclear-armed Islamic TRIBUTE TO SUMMER MERSINGER else and moves on with her life, we Republic ruled by the clerical regime could Mr. THUNE. Madam President, I rise want to wish her well. I had the oppor- threaten the Persian Gulf region and its vast to recognize the end of an era in my of- tunity to see a lot of transition and a energy resources, spark nuclear proliferation fice in Washington, DC, because at the lot of change in her life over the years throughout the Middle East, inject addi- end of the year, Summer Mersinger tional volatility into global energy markets, from the time she started working for embolden extremists in the region and desta- will be leaving my office. She has been me, particularly when we got to the bilize states such as Saudi Arabia and others in my office for 15 years. She comes Senate. She not only worked full time in the region, provide nuclear technology to from a small town in Central South but earned a law degree at the same other radical regimes and terrorists . . . and Dakota called Onida. The town is about time. She met a great guy here in seek to make good on its threats to eradi- an hour and a half away from where I Washington, got married, and has four cate Israel. grew up. Our towns are similar in size children. At the same time she contin- That is why this threat has been la- with similar backgrounds when it ued to work full time and handle all beled by most in the intelligence com- comes to the area in which we were the difficult responsibilities that come munity, if not all, as the most signifi- raised and growing up in Onida, SD. with working and leading and running cant long-term threat to the United Obviously she had a lot of the same ex- a Senate office. There aren’t many peo- States. This was written in 2008. Now, 6 periences I did growing up in a small ple who could pull that off, and she has years later into this current adminis- town. She took those experiences and tirelessly dedicated herself to public tration, we can see the truth of those has used them now for the past 15 years service, to serving the people of South judgments. Unfortunately, what we in my office. Dakota, to serving the Senate and have also seen is that this administra- Before she got to my office she went serving in our office. There will be a tion has not dealt effectively with this to the University of Minnesota and got very big void indeed when she leaves. growing threat. her degree there in 1999, came to Wash- We are grateful for that outstanding In our Bipartisan Policy Center re- ington, DC, worked as an intern, and service and the time we had to work port Ash Carter and I called for direct then shortly after that became a full- with her. I thank her for her out- negotiations with Iran, but on the con- time employee in my House office at standing work for the people of South dition that these negotiations were the time. For the past 15 years, Dakota and for the Senate and for our backed by strong economic sanctions through thick and thin, through the office, but more importantly for her and the threat of military force as a ups and downs, the good days and the friendship and her always wise counsel. last resort if all other efforts failed to bad days, Summer has been the rock in We will miss her, but we know that achieve the stated goal of preventing our office. She has been the glue that whatever she does, she will be out Iran from attaining the capability of holds things together. I have described there making a difference because that producing nuclear weapons. We did not her as the center of gravity. I have de- is the kind of person she is. So we say come to this conclusion easily. We de- scribed her as a mama bear, lots of dif- farewell to her at the end of the year bated it for months. We debated each

VerDate Sep 11 2014 05:19 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.061 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6340 CONGRESSIONAL RECORD — SENATE December 4, 2014 phase of the potential negotiation with structional example comes from our istration would not resume missile talks Iran through diplomacy, through the experience with North Korea. with North Korea any time soon. I believe imposition of sanctions, through the When I first served in the Senate, we this was a serious mistake in judgment. potential threat of military force, and were dealing with this very subject. Now, after the clear and massive fail- ultimately the need to use military Starting with the so-called ‘‘Agreed ure of negotiations with North Korea, force if we could not achieve the de- Framework’’ in 1994, we tried to re- Secretary Kerry is pursuing a Ground- sired objective. We obviously made solve the North Korean nuclear prob- hog Day strategy for dealing with Iran. that the last resort, and only if all lem by cycles of negotiations salted We now know for certain that North other efforts failed. As I said, it was with incentives. Does that sound famil- Korea was simply using negotiations to written in 2008. iar? lead us down that garden path to cyn- Most relevant at this moment was At various times we have relieved ical noncompliance. So why do Sec- our insistence—and I quote from the international economic sanctions pres- retary Kerry and President Obama con- report again—‘‘that any U.S.-Iranian sure in return for promises of improved tinue to believe blindly in hopeful talks will not be open-ended, but will behavior from the North Koreans. As talks rather than hard-edged compul- be limited to a predetermined time pe- we pursued inconsistent and diffident sion? riod so that Tehran does not try to ‘run strategies, the North Koreans re- This unguided blindness leads us to a out the clock.’ ’’ sponded with bouts of hostility, cynical second problem: The administration Our deepest concern with the failure manipulation, and threats. has ignored not only the United Na- to move forward with an ever- They have repeatedly tested missiles tions Security Council, but the U.S. ratcheting and tightening combination with nuclear capability, revealed a vast Congress as well. The administration of diplomacy, sanctions, and threat of new uranium enrichment facility pre- has been clear about its intention to force was that Iran would run out the viously undetected by the Inter- circumvent congressional scrutiny and clock, and in the meantime, continue national Atomic Energy Association agreement of any deal because of wide- to spin the centrifuges and add to those and our own services, tested nuclear spread bipartisan opposition. I believe methods which were producing the weapons, intimidated and threatened that is a serious mistake. ability for them to obtain nuclear their neighbors, and continued to build Any settlement of issues regarding weapons capability. their nuclear weapons arsenal. Iran’s nuclear program is of paramount Now, more than 6 years later, after I distinctly remember being on this importance to the security of the prolonged negotiations and yet another floor and questioning our ability to American people, not to mention the extension of talks without achieving verify that the Koreans would live up security and stability of the world. to what they promised to do, and that the stated goal of ending the regime’s Any proposed agreement requires thor- was to not develop nuclear weapon ca- quest, it is time to reassess where we ough review and deliberation by this pability. Congress. An agreement on an issue of currently stand. Oh, we have this all wired in. We President Obama is not only ignoring such vast significance requires a bipar- have their promise. We have provided the clear and present danger of Iranian tisan, bicameral consensus and mutual aid to them in the nature of food and in ambitions, he is abetting those ambi- support and agreement by both the ex- the nature of a number of financial in- tions by surrendering key positions centives, and we have the verification ecutive and legislative branches of gov- first and then pursuing negotiations procedures in place. ernment. Anything less than that that confirm our weakness. For 8 years We know that none of that worked. should not be acceptable. U.S. policy, backed by six United Na- We know we were rope-a-doped by the This is the most significant national tions Security Council resolutions, in- North Koreans, just as we are being security issue of our age, and it is sisted that Iran abandon its program to rope-a-doped by the Iranians. We have being mishandled apparently to secure enrich uranium because of the mortal a precedent on which we ought to be a legacy for the administration. Thus, danger that it would arm itself with basing our decisions in terms of how we it is all the more important to assert a nuclear weapons. That policy was dis- go forward. vigorous congressional role before we carded virtually at the start of the ne- Maintaining the status quo is not the are burdened with a bad agreement gotiations with Iran—a year and a half way to diffuse a critical threat to our that does little to prevent a nuclear or so ago—indeed, before the negotia- national security. This is a view, by Iran. tions began. the way, that Ash Carter has expressed These negotiations with Iran began Although the subjects of uranium en- emphatically and one of the major rea- by yielding on the central issue. They richment, weapons programs, inspec- sons why I will so strongly urge for his now continue, while ignoring the prop- tions, and nuclear power are highly confirmation to be Secretary of De- er, essential role of Congress, and it ap- complex and the discussions have been fense. pears they are aimed at achieving a lengthy, they all lead now to a very To the contrary, Secretary Kerry, legacy for the Obama administration simple question: How much ability will who energetically leads the current ne- rather than enhancing national secu- Iran have to enrich uranium and how gotiation strategy with Iran, should rity. many centrifuges will it be permitted surely have learned from the fallacies Most serious and dangerous of all is to operate in reaching its goal? of the North Korea agreed framework the strategic vacuum in which these When the U.N. Security Council example, which was that strategy’s Iran negotiations are taking place. passed its first resolution demanding predecessor. Their failure will force us to face that that Iran cease enriching uranium, When Senator Kerry and I were both void, and when we do, we must then re- Iran had 800 centrifuges doing that ille- in the Senate, he strongly supported turn to the world that existed before gal work. Today, after 2 years of direct the North Korea strategy and was these misguided negotiations began. negotiations on this specific issue, Iran harshly critical of the Bush adminis- We will have to renew and reinforce has 19,000 centrifuges. I will repeat tration for not doing the same. our efforts to impose crippling sanc- that: After 2 years of direct negotia- In March 2001, then-Senator Kerry tions on Iran. We will have to redouble tions, Iran has moved from 800 cen- said: our efforts to bring our allies and trifuges to 19,000 centrifuges. Any ne- The Clinton administration left a frame- friends along with us, preventing the gotiated agreement that gives Iran the work on the table which could, if pursued ag- carefully constructed international ability to retain so much uranium ca- gressively by the Bush administration, go a sanctions regimes from slipping. And long way toward reducing the threat posed now we must find ways to limit the pability is completely unacceptable, by North Korean missiles and missile exports and the Senate should prevent such . . . two days ago Secretary of State Colin damage being done by an irresponsible failure from being ratified or otherwise Powell stated that the Bush administration Russia, already signing deals with Iran accepted by this Congress. would ‘‘pick up’’ where the Clinton adminis- worth billions of dollars. When it comes to negotiation strat- tration left off. Unfortunately, and most challenging egy, we should learn from past failures. Secretary Kerry went on to say: of all, we must find a way to make the This is not the first time we have been Apparently not. Yesterday, President Bush threat of using military force as a last through something like this. An in- told . . . President Kim . . . that the admin- resort credible, but that will not be

VerDate Sep 11 2014 06:17 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.064 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6341 easy. Our Nation is militarily, politi- ties of the Department of Defense and ported bill—a bill that was reported by cally, economically, and emotionally provide for the well-being of our men in our committee—to the floor for amend- exhausted by wars, and now we have uniform and their families. The bill ment, we established an informal clear- been forced to embark on yet another. will enable the military services to ing process, pursuant to which we were Americans are justifiably repulsed by continue paying special pays and bo- able to clear 44 Senate amendments— and fixated on the more immediate nuses which are needed for recruitment roughly an equal number on each side chaos of televised beheadings. A more and retention of key personnel. It pro- of the aisle—and to include them in our abstract future threat of a nuclear Iran vides continued impact aid to support new bill. is beyond the horizon of most Ameri- military families and local school dis- When the bill comes to the floor, I cans, and the ayatollahs are counting tricts. It strengthens survivor benefits will have a lot more to say about some on that. It is one of the many ways for disabled children of servicemem- of the more difficult issues in the bill, that the conflicts in Iraq and Syria are bers. It includes provisions addressing such as provisions addressing military connected to our Iranian dilemma. the employment of military spouses, compensation reform, Army force Coping with all of that at once is job placement for veterans, and mili- structure, and Guantanamo detainees, what leadership is all about. Four tary child custody disputes. It address- as well as the so-called lands package American Presidents, including our es military hazing, military suicides, that we included in our bill based on a current President, have declared that a post-traumatic stress disorder, and bipartisan, bicameral request of the nuclear-weapons-capable Iran is unac- mental health problems in the mili- committees of jurisdiction. ceptable. I will repeat that: Four tary. And it includes 20 provisions to I hope our colleagues will take the American Presidents, including this continue to build on the progress we opportunity to review our bill. It is ob- current President, have declared that a are starting to make in addressing the viously a long bill. There are going to nuclear-weapons-capable Iran is unac- scourge of sexual assault in the mili- be enough days, we believe, to review ceptable. tary. the bill so our colleagues can have a To give meaning to that repeated The bill provides continued funding fair opportunity to see what is in our commitment and to do whatever is nec- and authorities for ongoing operations bill. We are proud of the bill. We think essary to prevent Iran from getting in Afghanistan and for our forces con- it is a good bill. It would be the 42nd or that dangerous capability is the most ducting operations against the Islamic 43rd straight year we will have passed urgent matter facing the United States State in Iraq and Syria, so-called ISIS. a military authorization bill, a Defense and international security. A robust As requested by the administration, it authorization bill, if we are able to uranium-enrichment industry in Iran authorizes the Department of Defense pass the bill next week. means a capability to produce nuclear to train and equip vetted members of I hope our colleagues will take the weapons within an unacceptably brief the moderate Syrian opposition and to opportunity over the next few days to amount of time. train and equip national and local review the bill and hopefully give it the The consequences of a nuclear-weap- forces who are actively fighting ISIS in kind of broad support it deserves and ons-capable Iran are not tolerable, not Iraq. It establishes a counterterrorism that it received today in the House of acceptable, and must motivate the partnership fund to provide the admin- Representatives. most powerful and effective efforts pos- istration new flexibility in addressing Mr. President, I yield the floor and sible to prevent it from happening. emerging terrorist threats around the suggest the absence of a quorum. That is our challenge. That is the role world. The PRESIDING OFFICER. The of the Senate. So we must insist on In addition, the bill extends the Af- clerk will call the roll. playing a significant role in the exam- ghanistan Special Immigrant Visa Pro- The legislative clerk proceeded to ination of whatever is being done and gram, providing for 4,000 new visas, and call the roll. whatever might be put before us so we addresses a legal glitch that precluded f can examine it carefully and not repeat members of the ruling parties in the mistakes of the past as we have Kurdistan from receiving visas under MORNING BUSINESS with the North Koreans. the Immigration and Nationality Act. Mr. REID. Mr. President, I ask unan- With that, I yield the floor and sug- Our bill takes steps to respond to imous consent that the Senate now gest the absence of a quorum. Russian aggression in Ukraine by au- proceed to a period of morning business The PRESIDING OFFICER (Mr. thorizing $1 billion for a European re- and Senators be allowed to speak for UDALL of New Mexico). The clerk will assurance initiative to enhance the up to 10 minutes each. call the roll. U.S. military presence in Europe and The PRESIDING OFFICER. Without The legislative clerk proceeded to build partner capacity to respond to se- objection, it is so ordered. call the roll. curity threats of which no less than $75 f Mr. LEVIN. Mr. President, I ask million would be committed for activi- unanimous consent that the quorum ties and assistance to support Ukraine, DEATH IN CUSTODY REPORTING call be rescinded. by requiring a review of the U.S. and ACT The PRESIDING OFFICER. Without NATO force posture, readiness, and Mr. LEAHY. Mr. President, I have objection, it is so ordered. contingency plans in Europe, and by long worked to pass legislation to NATIONAL DEFENSE AUTHORIZATION ACT expressing support for both lethal and bring additional transparency and ac- Mr. LEVIN. Mr. President, on Tues- nonlethal military assistance to countability to the government. I do so day evening Senator INHOFE and I an- Ukraine. again today by calling on all Senators nounced that we had reached an agree- The bill adds hundreds of millions of to support the Death in Custody Re- ment with the chairman and the rank- dollars in funding to improve the readi- porting Act, a bill that has moved mul- ing member of the House Armed Serv- ness of our Armed Forces across all tiple times through the Senate Judici- ices Committee on a new national de- branches—Active, Guard, and Re- ary Committee and should pass the fense authorization bill for fiscal year serve—to help blunt some of the nega- Senate without further delay. 2015. The text of the bill and report tive effects of sequestration. It in- This is about an open and fair gov- were published on the Web site of the cludes provisions addressing the threat ernment. The Death in Custody Re- House Rules Committee that evening, of cyber warfare, providing woman- porting Act requires that local and and on Wednesday morning we put out owned small businesses the same sole- Federal law enforcement officials re- a press release detailing the provisions source contracting authority that is al- port deaths that occur while people are of the bill. ready available to other categories of held in their custody, including those The bill passed the House earlier this small businesses, expanding the No that occur during arrest. Nothing afternoon by a vote of 300 to 119, and Contracting With the Enemy Act to all more. Just yesterday the Wall Street we expect to take it up in the Senate government agencies, and requiring Journal reported that hundreds of po- next week. governmentwide reform of information lice-related deaths are unaccounted for Our bill includes hundreds of impor- technology acquisition. And although in Federal statistics. I ask that the ar- tant provisions to authorize the activi- we were unable to bring the Senate-re- ticle, ‘‘Hundreds of Police Killings Are

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.065 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6342 CONGRESSIONAL RECORD — SENATE December 4, 2014 Uncounted in Federal Stats,’’ be made nize that, because 30 years ago we used to Also missing from the FBI data are part of the RECORD. The details of the not do that. We used to just show up and killings involving federal officers. article are unacceptable. The Justice handle the situation.’’ Police in Washington, D.C., didn’t report Three sources of information about deaths to the FBI details about any homicides for Department should have an oppor- caused by police—the FBI numbers, figures an entire decade beginning with 1998—the tunity to analyze the data and see from the Centers for Disease Control and year the Washington Post found the city had what we can learn from it. And the data at the Bureau of Justice Statistics—dif- one of the highest rates of officer-involved American people deserve the same. fer from one another widely in any given killings in the country. In 2011, the agency This important opportunity for need- year or state, according to a 2012 report by reported five killings by police. In 2012, the ed transparency comes at a time when David Klinger, a criminologist with the Uni- year Mr. Payton was killed, there are again many Americans are losing faith in our versity of Missouri-St. Louis and a onetime no records on homicides from the agency. justice system. We are having an im- police officer. D.C. Metropolitan Police Chief Cathy La- To analyze the accuracy of the FBI data, nier said she doesn’t know why the agency portant conversation about the loss of the Journal requested internal records on stopped reporting the numbers in 1998. ‘‘I human life in communities across the killings by officers from the nation’s 110 wasn’t the chief and had no role in decision country. Here we have an opportunity largest police departments. One-hundred-five making’’ back then, said Ms. Lanier, who to instill some measure of account- of them provided figures. was a captain at the time. When she took ability, and hopefully begin to restore Those internal figures show at least 1,800 over in 2007, she said, reporting the statistics some measure of trust in these commu- police killings in those 105 departments be- ‘‘was a nightmare and a very tedious proc- nities. tween 2007 and 2012, about 45% more than the ess.’’ This legislation, sponsored by Con- FBI’s tally for justifiable homicides in those Ms. Lanier said her agency resumed its re- departments’ jurisdictions, which was 1,242, ports in 2009. In 2012, the agency turned over gressman BOBBY SCOTT, overwhelm- according to the Journal’s analysis. Nearly the detailed homicide records, she said, but ingly passed the House last year in a all police killings are deemed by the depart- the data had an error in it and was rejected bipartisan vote. We reported the bill ments or other authorities to be justifiable. by the FBI. She referred questions about out of the Senate Judiciary Committee The full national scope of the under- why the department stopped reporting homi- in a similarly strong bipartisan vote, reporting can’t be quantified. In the period cides in 1998 to former Chief Charles H. with Ranking Member GRASSLEY analyzed by the Journal, 753 police entities Ramsey, now head of the Philadelphia Police speaking in strong support of the legis- reported about 2,400 killings by police. The Department. Mr. Ramsey declined to com- large majority of the nation’s roughly 18,000 lation. Currently, every single Senate ment. law-enforcement agencies didn’t report any. In recent years, police departments have Democrat is in support of its passage, ‘‘Does the FBI know every agency in the U.S. tried to rely more on statistics to develop but a handful of Senate Republicans that could report but has chosen not to? The better tactics. ‘‘You want to get the data are not yet convinced. It is my hope answer is no,’’ said Alexia Cooper, a statisti- right,’’ said Mike McCabe, the undersheriff that they soon reconsider, and we can cian with the Bureau of Justice Statistics of the Oakland County Sheriff’s Office in send this legislation to the President who studies the FBI’s data. ‘‘What we know Michigan. It is ‘‘really important in terms of for signature without delay. The Amer- is that some places have chosen not to report how you deploy your resources.’’ ican people would expect as much. these, for whatever reason.’’ A total of 100 agencies provided the Jour- FBI spokesman Stephen G. Fischer said There being no objection, the mate- nal with numbers of people killed by police the agency uses ‘‘established statistical each year from 2007 through 2012; five more rial was ordered to be printed in the methodologies and norms’’ when reviewing provided statistics for some years. Several, RECORD, as follows: data submitted by agencies. FBI staffers including the police departments in New [From the Wall Street Journal, Dec. 3, 2014] check the information, then ask agencies ‘‘to York City, Los Angeles, Philadelphia and HUNDREDS OF POLICE KILLINGS ARE correct or verify questionable data,’’ he said. Austin, Texas, post detailed use-of-force re- UNCOUNTED IN FEDERAL STATS The reports to the FBI are part of its uni- ports online. form crime reporting program. Local law-en- Five of the 110 agencies the Journal con- FBI DATA DIFFERS FROM LOCAL COUNTS ON forcement agencies aren’t required to par- tacted, including the Michigan State Police, JUSTIFIABLE HOMICIDES ticipate. Some localities turn over crime sta- didn’t provide internal figures. A spokes- (By Rob Barry and Coulter Jones) tistics, but not detailed records describing woman for the Michigan State Police said WASHINGTON—When 24-year-old Albert each homicide, which is the only way par- the agency had records of police shootings, Jermaine Payton wielded a knife in front of ticular kinds of killings, including those by but ‘‘not in tally form.’’ the police in this city’s southeast corner, of- police, are tracked by the FBI. The records, Big increases in the numbers of officer-in- ficers opened fire and killed him. which are supposed to document every homi- volved killings can be a red flag about prob- Yet according to national statistics in- cide, are sent from local police agencies to lems inside a police department, said Mike tended to track police killings, Mr. Payton’s state reporting bodies, which forward the White, a criminologist at Arizona State Uni- death in August 2012 never happened. It is data to the FBI. versity. ‘‘Sometimes that can be tied to poor one of hundreds of homicides by law-enforce- The Journal’s analysis identified several leadership and problems with account- ment agencies between 2007 and 2012 that holes in the FBI data. ability,’’ he said. aren’t included in records kept by the Fed- Justifiable police homicides from 35 of the The FBI has almost no records of police eral Bureau of Investigation. 105 large agencies contacted by the Journal shootings from departments in three of the A Wall Street Journal analysis of the lat- didn’t appear in the FBI records at all. Some most populous states in the country—Flor- est data from 105 of the country’s largest po- agencies said they didn’t view justifiable ida, New York and Illinois. lice agencies found more than 550 police homicides by law-enforcement officers as In Florida, available reports from the Flor- killings during those years were missing events that should be reported. The Fairfax ida Department of Law Enforcement don’t from the national tally or, in a few dozen County Police Department in Virginia, for conform to FBI requirements and haven’t cases, not attributed to the agency involved. example, said it didn’t consider such cases to been included in the national tally since The result: It is nearly impossible to deter- be an ‘‘actual offense,’’ and thus doesn’t re- 1996. A spokeswoman for the state agency mine how many people are killed by the po- port them to the FBI. said in an email that Florida was ‘‘unable’’ lice each year. For 28 of the remaining 70 agencies, the to meet the FBI’s reporting requirements be- Public demands for transparency on such FBI was missing records of police killings in cause its tracking software was outdated. killings have increased since the August at least one year. Two departments said New York revamped its reporting system shooting death of 18-year-old Michael Brown their officers didn’t kill anyone during the in 2002 and 2006, but isn’t able to track infor- by police in Ferguson, Mo. The Ferguson Po- period analyzed by the Journal. mation about justifiable police homicides, lice Department has reported to the FBI one About a dozen agencies said their police- said a spokeswoman for the New York State justifiable homicide by police between 1976 homicides tallies didn’t match the FBI’s be- Division of Criminal Justice Services. She and 2012. cause of a quirk in the reporting require- said the agency was ‘‘looking to modify our Law-enforcement experts long have la- ments: Incidents are supposed to be reported technology so we can reflect these numbers.’’ mented the lack of information about by the jurisdiction where the event occurred, In 1987, a commission created by then- killings by police. ‘‘When cops are killed, even if the officer involved was from else- Governor Mario Cuomo to investigate abuse there is a very careful account and there’s a where. For example, the California Highway of force by police found that New York’s re- national database,’’ said Jeffrey Fagan, a Patrol said there were 16 instances in which ports to the FBI were ‘‘inadequate and in- law professor at Columbia University. ‘‘Why one of its officers killed someone in a city or complete,’’ and urged reforms to ‘‘hold gov- not the other side of the ledger?’’ other local jurisdiction responsible for re- ernment accountable for the use of force.’’ Police can use data about killings to im- porting the death to the FBI. In some in- The spokeswoman for the state criminal-jus- prove tactics, particularly when dealing with stances reviewed by the Journal, an agency tice agency said it isn’t clear what the agen- people who are mentally ill, said Paco believed its officers’ justifiable homicides cy did in response back then. Balderrama, a spokesman for the Oklahoma had been reported by other departments, but Illinois only began reporting crime statis- City Police Department. ‘‘It’s great to recog- they hadn’t. tics to the FBI in 2010 and hasn’t phased in

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.082 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6343 the detailed homicide reports. ‘‘We cannot the 300 million Americans it serves. million American children who receive begin adding additional pieces because we The bill is supported by more than 70 health care through CHIP, the Chil- are newcomers to the federal program,’’ said public interest groups that advocate dren’s Health Insurance Program, Tern Hickman, director of the Illinois State Police’s crime-reporting program. Two agen- for government transparency. The Sun- which JAY ROCKEFELLER authored. cies in Illinois deliver data to the FBI: Chi- shine in Government Initiative, said You can see his formidable legacy in cago and Rockford. the Leahy-Cornyn bill ‘‘strengthens the additional millions of Americans In Washington, D.C., councilman Tommy government transparency by limiting who—because of the Affordable Care Wells held two hearings this fall on police the ability of agencies to hide decades Act—now have reliable health insur- oversight. He said he was surprised that the old documents from the public.’’ At the ance, many of them for the first time department hadn’t reported details of police Judiciary Committee’s business meet- in their lives. No one—no one—in this killings to the FBI. ‘‘That should not be a challenge,’’ he said. ing to consider this legislation, which Senate has worked longer than he for More than two years after the knife-car- was reported to the full Senate with affordable health care for all Ameri- rying Mr. Payton was shot and killed by D.C. unanimous support, Ranking Member cans. police, his mother, who witnessed the kill- GRASSLEY said the FOIA Improvement Unlike some Senators, JAY ROCKE- ing, said she is still looking for answers. Hel- Act ‘‘opens wide the curtains and pro- FELLER did not grow up dreaming of ena Payton, 59, said her son had many inter- vides more sunlight on the Federal being a Senator. As a young man at actions with local police because of what she government.’’ Senator CORNYN, my said was his mental illness. ‘‘All the cops in Harvard, he had planned a career in di- the Seventh District knew him, just about,’’ partner for many years on government plomacy, focusing on Asia. He even she said. transparency, noted our bipartisan ef- took time off from college to live for a The officers who arrived that Friday after- forts ‘‘to open up the government and while in Japan. But something momen- noon in August, in response to a call from make it more consumer and customer tous happened when he graduated from Mr. Payton’s girlfriend, had never dealt with friendly.’’ I thank both Senators for college in 1961. America had just elect- her son, she said. According to Ms. Payton, their work on this legislation. ed a hopeful, young President who her son walked outside holding a small util- We often talk about the need for gov- ity knife. As he approached the officers, they made Americans believe, as Senator fired dozens of bullets at him, she said. He ernment transparency, and many also ROCKEFELLER would later say, ‘‘that died soon after. note how rare it is that Democrats and America could achieve anything.’’ The U.S. attorney’s office is reviewing the Republicans can come together on any Senator ROCKEFELLER called his fa- incident, as is customary in all police shoot- legislation. We have accomplished both ther and his Uncle Nelson, then the ings in Washington. A spokesman for the of- with the FOIA Improvement Act. It Governor of New York, to let them fice declined to comment on the status of the was drafted in a bipartisan fashion case. The Washington police department, cit- know he had switched from Rockefeller ing the continuing investigation, declined to after a long and thoughtful process of Republican to Kennedy Democrat. The provide the officers’ names, a narrative of consultation. This week, we can pass family took the news surprisingly well. what happened, or basic information usually this bill in the Senate and send it over Soon after, Senator ROCKEFELLER included in the reports to the FBI, such as to the House, where I am confident was asked by Robert Kennedy to help the number of officers involved in the shoot- that it will pass, and send it to the establish the Peace Corps; he worked ing. President to sign before the end of the for 2 years as a chief assistant to Sar- The officers involved are back on duty, ac- year. There is no reason to delay this cording to D.C. authorities, but the case gent Shriver, the first Peace Corps di- isn’t closed. legislation, which has broad support rector. from a range of stakeholders, costs f In 1964 a friend told him that he did very little to implement and will im- not need to travel halfway around the FOIA IMPROVEMENT ACT prove access to government for all world to help people in need. There Mr. LEAHY. Mr. President, the Free- Americans. I urge the Senate to pass were people here in America, in his dom of Information Act is one of our the FOIA Improvement Act now, with- friend’s home State of West Virginia, Nation’s most important laws. James out delay. living on the outskirts of hope. So JAY Madison said the people ‘‘must arm f ROCKEFELLER asked Bobby Kennedy to themselves with the power knowledge TRIBUTES TO JOHN D. send him to West Virginia as a volun- gives.’’ For nearly 50 years, FOIA has ROCKEFELLER teer for VISTA, the precursor to given Americans a way to access gov- Americorps. ernment information ensuring their Mr. DURBIN. Mr. President, Scrip- ture tells us that to those whom much He planned to spend a year in West right to know what their government Virginia. He has never left. doing. The FOIA Improvement Act ad- is given, much is required. My friend, At age 27, in the tiny Appalachian vances this fundamental democratic Senator JAY ROCKEFELLER, can rest coal-mining town of Emmons, WV— principle. It is why I urge all Senators well knowing that he has passed that population 346—JAY ROCKEFELLER dis- to support the FOIA Improvement Act biblical test. covered his defining purpose. He saw of 2014, without delay. JOHN DAVISON ROCKEFELLER, IV, is This legislation builds on what the the eldest son of the eldest son of the that people working together and a President laid out in his historic Exec- eldest son of the founder of Standard caring government could transform utive order in 2009 by requiring Federal Oil—America’s first billionaire. Sen- lives and communities for the better. agencies to adopt a ‘‘Presumption of ator ROCKEFELLER grew up amid wealth In 1966, he was elected to West Vir- Openness’’ when considering the re- in Manhattan and Westchester County, ginia’s House of Delegates. lease of government information under NY. He prepped at Exeter and grad- In 1968 he was running for West Vir- FOIA. Prioritizing the people’s interest uated from Harvard. He was destined ginia secretary of state when his last in what their government is doing, our for a life of comfort and privilege far great hero, Bobby Kennedy, was mur- bill will reduce the overuse of exemp- removed from the struggle of the poor. dered. His Uncle Nelson, Governor of tions to withhold information where But this man, this ROCKEFELLER, con- New York, offered repeatedly to ap- there is no foreseeable harm. It will sciously chose a different path in life. point his nephew to fill out Senator make information available for public And he has spent 50 years—two-thirds Kennedy’s term in the U.S. Senate— inspection and frequently requested of his life—working to try to make life but JAY ROCKEFELLER refused. He told documents available online. It will pro- better for people who too often have his uncle that if he were going to serve vide the Office of Government Informa- precious little. in this Senate, he wanted to earn his tion Services, OGIS, with additional He has been a Member of this Senate seat. independence and authority to carry for 30 years. You can see his legacy He won that race for secretary of out its work. I believe this legislation throughout West Virginia and across state and went on to serve two terms reaffirms the fundamental premise of America. You can see it in children as West Virginia’s Governor. FOIA, that government information who have better schools, miners who In 30 years in the U.S. Senate, Sen- belongs to all Americans. have safer working conditions and sen- ator ROCKEFELLER has been a pas- Supporting these commonsense re- iors who have retired with greater dig- sionate advocate for his State, for forms will help open the government to nity. You can see his legacy in the 8 America’s children, for seniors, coal

VerDate Sep 11 2014 06:17 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.029 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6344 CONGRESSIONAL RECORD — SENATE December 4, 2014 miners and others. He not only earned ligation than Medicaid,’’ and he has the mines of Gillette and the mines of his seat in this body, he distinguished consistently demonstrated national West Virginia. While the people of my it with his thoughtful, compassionate, leadership to provide essential health State were working to keep up coal dedicated service. care services to the most vulnerable production by removing the surface Five years ago, during a late-night among us. coal facing one set of hazards, West Senate Finance Committee markup of As co-chair of the Congressional Virginia miners were heading deep into the bill that would become the Afford- Task Force on Alzheimer’s Disease, I the earth to face a different kind of able Care Act, Senator ROCKEFELLER have greatly appreciated Senator challenge. recalled some of the people from that ROCKEFELLER’s leadership on legisla- Make no mistake, mining is both a little mining town of Emmons, WV, tive initiatives to combat Alzheimer’s, difficult and a dangerous occupation who he met 50 years ago. It was close as well as the contributions the for all who have dedicated their lives to midnight on a Friday night. His Blanchette Rockefeller Neurosciences to working the mines. It is labor inten- voice broke with emotion as he spoke Institute makes to our understanding sive and every miner who makes it about the hardships and unfairness and eventual conquest of this dev- down the shafts to begin work knows that pervaded the lives of many of the astating illness. there is always a chance they might people in Emmons. He also spoke about From VISTA volunteer to governor not be coming home again. the hope that good government pro- and senator, Senator ROCKEFELLER has It was a lesson we were reminded of grams, like Medicare and Medicaid, devoted a half-century of intellect, en- in 2006 when the mine tragedies oc- curred at the Alma and Sago mines in had brought to their lives. ergy, and compassion to others. There He said that he had kept a journal is no better way to sum up his con- West Virginia. Those were difficult during his VISTA years in Emmons tributions than the words the Senator days for his State. JAY’s leadership came to the front as we went as a dele- and written detailed notes in it each himself chose when he announced his gation to console the families of those night. He said that, in 43 years, he had retirement: ‘‘Public service demands miners from the Sago mines who had never been able to bring himself to and very much deserves nothing less lost their lives and listened to their open that book. It was too painful to than every single thing that you have concerns. They shared their great loss look back. to bring to bear.’’ That is precisely with us, but as they did there was an- When Senator ROCKEFELLER looks what Senator JAY ROCKEFELLER has other message that seemed to come to back on his years in the Senate, I hope given his State and our country, and I us from all those with whom we that he will feel a deserved sense of thank him for his commitment, integ- spoke—‘‘Don’t let this happen to an- pride in the great and positive changes rity, and friendship. other family.’’ It was clear. Something he helped make possible during his Mr. ENZI. Mr. President, It is one of needed to be done to bring mine safety time here. I wish him, his wonderful the Senate’s great traditions that each up to more modern standards. After and accomplished wife Sharon—the retiring Senator is given some time on meeting with the families we returned daughter of former Illinois Senator the floor to share with us what they to Washington committed to get some- Charles Percy—and their family all the have learned during their service in the thing done to honor the memory of best in their future endeavors. Senate and their thoughts about our those lost miners and make mining a Ms. COLLINS. Mr. President, In his future as a Nation as the chapter of safer occupation. As I thought about three decades in the Senate, JAY this great adventure in their life comes the beginnings of a legislative response ROCKEFELLER established a strong rep- to a close. Then, we, their colleagues, to this issue, I remembered JAY’s re- utation as a leader who offered innova- take a moment to share with them marks to me that day in Gillette as he tive, common-sense solutions. He has what we have learned from them from pointed out the different mining stand- served the people of West Virginia and their service in the Senate and what ards and the need for different ap- of America with distinction. To me, he lessons we will take with us in the days proaches to mining safety. It was clear has been an admired colleague. He will and months to come from our work to- that a safety policy for our Nation’s always be a good friend. gether here in the Capitol. mines would have to address every To fully understand Senator ROCKE- That is why I greatly appreciate hav- facet of the industry and bring more FELLER’s dedication during his 30 years ing the opportunity to be here for JAY’s modern technologies to accident pre- of service in the Senate, it is necessary final speech on the Senate floor. It is vention and rescue efforts. to go back 50 years, to 1964, when he one of those moments that I will long Soon after we returned from West travelled to West Virginia as a VISTA remember, another moment in which Virginia the entire delegation joined volunteer. Like Maine, West Virginia JAY has not only been a witness to our together to begin the work that needed is a large rural state with many low-in- Nation’s history, but in this case, it’s to be done to minimize the danger and come residents and an aging popu- another time when he has written it increase our ability to respond when- lation. From strengthening our rural with his well-chosen words. ever a problem or hazard threatened hospitals to fighting the scourge of pre- This moment is one of those I call an the miners. The result was the Mine scription drug abuse, I have been fortu- instant replay memory. It means so Improvement and New Emergency Re- nate to work with a leader who sees ac- much to me because I have known JAY sponse (MINER) Act. It was the first cess to affordable, quality health care ROCKEFELLER for a longer time than I major advance in mining safety that not as just a series of issues to address have known any other member of the had been legislated in 30 years. That but as his life’s work. Senate. In fact, when we first met, law will always be remembered as a One of our greatest achievements to- serving in Washington, DC, here in the part of JAY’s legacy of service to the gether was the inclusion of our lan- Senate, was the furthest thing from people of West Virginia. It was a guage in the 2003 tax bill to provide our minds. change in our mining communities and temporary, targeted fiscal relief to the When I first had the chance to get to businesses that will continue to have States—which, at the time, were awash know JAY he was the governor of West an impact in the years to come in our in red ink due to a severe economic Virginia and I was the mayor of Gil- ability to protect the lives of miners downturn driven in large part by the lette. Coal was a great part of the day- all over this Nation. It is also a warn- terrorist attacks of Sept. 11, 2001. Sen- to-day life of my hometown and his ing—as use of coal plunges, there is ator ROCKEFELLER and I worked with home State and together we were serv- less incentive for safety inventors. then-Senator Ben Nelson on legislation ing on the Energy Council. I remember That is just one moment in which to provide $20 billion in short-term fis- when JAY came to Gillette for a visit. JAY made a difference in the present cal relief to States, half of which was I had the chance to give him a tour of and future of our nation. If you look at used to provide health insurance to the mines of the Gillette area. As we JAY’s impressive legislative record low-income citizens through the Med- were traveling around the site JAY said throughout his career you will note icaid program. In Senator ROCKE- to me, ‘‘You don’t mine coal. You just that he has been productive and effec- FELLER’s words, ‘‘No government pro- back up the trains and load them up!’’ tive in promoting his legislative agen- gram more fully embodies our nation’s I knew immediately what point he was da no matter which party was in con- tradition of community and mutual ob- making about the difference between trol of the Congress. That is because

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.075 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6345 JAY has always been willing to work That passion became stronger as he cation, economic growth, or veterans, with members from both sides of the climbed the ranks of government, from Senator ROCKEFELLER has led the way, aisle and all sides of an issue. That is Secretary of State, to Governor, and fi- acting to improve the lives of hard- why he has been able to accomplish so nally to U.S. Senator. Through it all, working Americans. very much for West Virginia and the he remained grounded by a sensibility When it comes to protecting con- Nation. of what was best for the people he met sumers and children, Senator ROCKE- As we have heard, JAY has quite a re- in Emmons—and throughout the Moun- FELLER has been a legislative partner markable story to tell. It truly began tain State. and a national leader. I want to espe- years ago when a younger—but equally He met West Virginians who could cially point out his tireless efforts to committed—JAY ROCKEFELLER came to not afford basic health care—and so increase educational opportunities for work in a small town in West Virginia Senator ROCKEFELLER became a cham- children around the country. as a part of the VISTA program. The pion for reform that made health care The E-Rate has proved essential and plan was for him to work with the peo- a right, not a privilege. exceptional in linking up schools and ple of the area for about a year. As the He met West Virginians who were libraries to the Internet. The E-Rate old adage says so well, ‘‘God had other hurt in mining accidents, or made ill has democratized access to brighter fu- plans.’’ That experience changed his from the air they breathed, and he tures and better technology. The E- life and his goals for the future. It led fought for reforms that improved their Rate is the only technology that has him to run for office and then progress safety. been deployed as fast in poor neighbor- in opportunity and service to the peo- He has always understood that our hoods as it has in rich ones. ple of West Virginia as he worked his Nation is best when we have jobs that Chairman ROCKEFELLER, your legacy way to the United States Senate and make the middle class strong, like will live on for decades to come. this moment on the Senate Floor. manufacturing. The coal, steel and Whether in rural areas, or urban ones, So, that is what I have learned from chemical industries in West Virginia affluent, or low-income communities, you, JAY. As I mentioned, there are have all relied on his support. all corners of our great Nation will times when we are sure what we want He believed that government should continue to feel your impact. to do with our lives, but ‘‘God has fight for those who were least able to Finally, I want to personally thank other plans’’ which often leads to fight for themselves. you for your friendship throughout my something better for us and the world This compelled him to go to work on tenure in Congress. around us than what we were planning behalf of children whose families did These walls will feel emptier without you next year. on. If JAY hadn’t made that decision not qualify for Medicaid—and yet could I wish you, your wife Sharon, and the back when he first arrived in West Vir- not afford private insurance. In 1997, he rest of your family many more years of ginia to do whatever he could to make was a leader in creating the Children’s fulfillment in your next endeavors. life better for the people of that State Health Insurance Program, known as it might never have been accomplished CHIP, and ever since, those children f quite the way he has been able to do it. would not be allowed to slip through INCITEMENT TO VIOLENCE I have always suspected that God gives the cracks in our health care system. AGAINST ISRAEL MUST BE us all a mission in life, a chance to re- Senator ROCKEFELLER’s impulse to CHALLENGED spond to a higher calling and make speak up for those who did not have a Ms. COLLINS. Mr. President, as we that inspired moment the beginning of voice led him to seek improvements for hope for peace in the Middle East, some our life’s work. JAY ROCKEFELLER did the care of foster children, working to parties in the region are making peace that and that is the lesson I have expand incentives for parents to adopt less likely by inciting violence against learned from him. so that foster children could have a Israel. It is imperative to recognize Thanks for your service in the Sen- permanent home. these words and actions for the poisons On the other end of the spectrum, he ate, JAY, and for all you have done for they are to achieving peace. An excel- was compelled to fight to keep Medi- West Virginia and our Nation. Thanks, lent November 23, 2014, opinion piece care strong, so that it had the funding too, for your friendship. Fortunately, by Jeffrey Robbins in the Boston Her- it needed to make good on its promise you will never be more than a phone ald entitled ‘‘U.S. mute as Abbas in- to our Nation’s seniors. He was com- call away. Keep in touch. Your com- cites violence’’ articulates why silence mitted to making sure that all safety ments, suggestions and West Virginia is the wrong response to the anti- net programs stayed true to their common sense ideas will always be wel- Israeli rhetoric and ideology that en- founding principles, which is why he come. Diana joins in sending our best courage further violence and terror. has resisted efforts to privatize Social wishes to you. We will look forward to Jeff is a former delegate from the Security and promoted programs that seeing you in the days and months to United States to the United Nations increase seniors’ access to affordable come. Human Rights Commission, and I be- prescription drugs. Ms. STABENOW. Mr. President, lieve my colleagues and the American Even as he tackled the tough issues, today we honor the distinguished ca- people would benefit from reading the Senator ROCKEFELLER’s charm and sin- reer of my dear friend and colleague, entire piece, which I ask unanimous Senator JAY ROCKEFELLER of West Vir- cerity were key to bridging partisan consent to have printed in the RECORD. ginia. gaps and building consensus necessary There being no objection, the mate- As a young man, with all his tal- to get bills passed. rial was ordered to be printed in the ents—and coming from a prominent Senator ROCKEFELLER leaves the Sen- RECORD, as follows: ate, after a distinguished career. For- family—there were many things JAY [From the Boston Herald, Nov. 23, 2014] ROCKEFELLER could have done with his tunately for us, his legacy of compas- ROBBINS: U.S. MUTE AS ABBAS INCITES sionate and conscientious service will life. VIOLENCE endure long into the future. His choice says more about him than (By Jeff Robbins) I know how hard it is for Senator any speech in the Senate ever could: He At a meeting in Jerusalem last December, chose to devote himself to serving oth- ROCKEFELLER to leave this Chamber. I a State Department official was asked about ers. hope he knows that it is hard for us to the unremitting anti-Semitism emanating So he volunteered for the Peace watch him go. from Palestinian officials, their continuing Corps, and then the AmeriCorps VISTA I thank Senator ROCKEFELLER, for his celebration of the murderers of Israeli civil- program, which brought him to the tireless service to this country, and for ians and what the United States was doing small mining town of Emmons, WV. his faithful service to the people of about it. It was ‘‘a challenge,’’ she said, add- That is where he discovered the pur- West Virginia. ing that it was ‘‘our position’’ that Pales- pose that would define his career—and Mr. MARKEY. Mr. President, Sen- tinian incitement of violence was ‘‘unhelpful’’ to peace. Beyond this banality, ator ROCKEFELLER’s nearly 50 years of his life. she had nothing to offer. From that day forward, he took a public service has left West Virginia This week’s massacre of worshippers in a personal stake in the issues that af- and our country a better place. Wheth- Jerusalem synagogue—following the Pales- fected West Virginians. er it is promoting health care, edu- tinian murders of Israelis in recent days by

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The weekend following f Thanksgiving was devoted by many to tinian Authority has posted cartoons of an TRIBUTE TO AL FELDSTEIN Israeli pulling down his pants and preparing holiday shopping—a good opportunity to ‘‘rape’’ an Arab woman representing a to support local businesses but also too ∑ Mr. CARDIN. Mr. President, I wish to Muslim holy site. Palestinian President often a spectacle of commercialization recognize an outstanding public serv- Mahmoud Abbas praised the Palestinian shot that threatens to obscure the true ant of Western Maryland, Al Feldstein, while attempting to assassinate an Israeli as who will be retiring at the end of this a ‘‘martyr’’ who was destined for heaven. A meaning of the holiday season. Today, I would like to honor the year after 42 years of public service. As new hit song on Palestinian social media Appalachian Regional Commission, calls for listeners to ‘‘destroy, annihilate work of two Connecticut community [and] blow up’’ Israelis. Al-Quds University leaders for their laudable efforts to re- ARC, State Program Manager for has created the ‘‘Martyr Ibrahim Al-Akhari mind us of the holiday’s true meaning. Maryland, Al has played a critical role Tournament’’ to honor the man who recently Rabbi Daniel Cohen of Congregation in the success of countless projects and murdered two Israelis and injured 13 others Agudath Sholom in Stamford and Pas- initiatives aimed at advancing eco- by running them over with his car. tor Greg Doll of Noroton Presbyterian nomic progress and improving the lives Despite the fact that American taxpayers of the residents of Maryland’s three provide $500 million to the Palestinian Au- Church in Darien have together launched the Elijah Moment Cam- Appalachian counties. His passion for thority annually, the Obama administration his community is boundless, and his has failed to use that leverage to pressure paign. Named after a figure in Jewish the recipients of American aid to stop its in- tradition who appears spontaneously to careful stewardship of public resources has consistently set a high standard to citement. Though then-U.S. Sen. Hillary help those in need, this interfaith cam- which we can—and should—all aspire. Clinton warned back in 2007 of the need to paign seeks to encourage simple acts of ‘‘stop the propaganda to which Palestinian An exemplary leader in public serv- kindness between friends and strangers children are being exposed,’’ the administra- ice, Al’s positions as grants adminis- tion has declined to demand that the Pal- alike. Each recipient of an act of gen- trator with Tri-County Council for estinians cut it out. erosity goes on to ‘‘pay it forward’’ by Western Maryland and ARC State pro- It is bad enough that the president has not helping someone else. Even seemingly gram manager at the Maryland Depart- lifted a finger to pressure the Palestinian minor gifts like buying a stranger’s Authority to put an end to incitement to ment of Planning enabled him to real- cup of coffee, as occurred en masse dur- ize the importance of investing in Fed- murder. Even worse, his administration has ing a campaign-organized kindness conducted itself in a way which, however un- eral, State, private, and local economic intended it may be, has effectively green- event at a Stamford Starbucks last development projects. He was com- lighted anti-Israelism of the most vicious week, can motivate significant acts of mitted to creating conditions for eco- sort—which in turn fuels the kind of violence charity and promote a prevailing spirit nomic growth, many of which strength- that has left European Jews fearful for their of benevolence. ened parts of the Appalachian region lives and Israelis reeling. I am grateful to Rabbi Cohen and This has included years of publicly derisive by constructing and improving basic Pastor Doll for coming together to re- public infrastructure. treatment of Israel that has conveyed to mind us, in their words, that ‘‘an act of Israel’s enemies and others that it stands Under Al’s leadership, several rural alone, encouraging the conclusion that at- generosity as simple as a kind word counties in Western Maryland have tacks on Israel—political and physical—have can transform a fleeting moment into benefited from carefully targeted ARC no consequences as far as the United States an eternal one.’’ The simplest acts of investments in economic develop- is concerned. giving highlights the strong connec- ment—including the financing of high- Earlier this month the chairman of the tions we all share, even as divisive speed telecommunications infrastruc- Joint Chiefs of Staff, Gen. Martin Dempsey, rhetoric at home and violent acts ture to increase local and regional told the Carnegie Council for Ethics in Inter- abroad threaten our solidarity and national Affairs that Israel deserved credit connectivity and affordability. These for having gone to ‘‘extraordinary lengths to safety. I honor and admire the spirit of accomplishments have leveraged far limit collateral damage and civilian casual- the Elijah Moment Campaign, and I en- greater support for workforce develop- ties’’ in trying to defend itself from Hamas courage all to do the same.∑ ment and job creation in a region that rocket attacks from Gaza. Dempsey’s praise f continues to battle economic distress, placed the administration’s scornful, dam- RECOGNIZING GLEN HURT high unemployment rates, and severe aging criticism of what were obviously unin- educational disparities. tended deaths of civilians in Gaza during this ∑ Mr. BOOZMAN. Mr. President, I wish ARC’s regional development roles—as summer’s wholly defensive war in stark re- to honor Glen Hurt, who will retire as advocate, knowledge builder, partner, lief. the Mansfield city mayor after more Whether by giving interviews witheringly investor, and catalyst—underlie the critical of Israeli Prime Minister Benjamin than 25 years of public service to the commission’s strategy to invest in peo- Netanyahu at particularly sensitive mo- community as a city council member ple, basic infrastructures, and job cre- ments or by using obscenities to castigate and mayor. ation and retention. ARC helps create him, the White House has encouraged the As city mayor, Glen is credited with economic opportunities by making its impression that Israel is a fair target for improving the city’s fire and police de- funds available for seed capital, gap those who wish it ill. partments, upgrading Mansfield’s funding, and investments in innovative The administration’s scornful treatment of waste and sewer systems, bringing a programs. Although the Appalachian Israel has registered deeply with Israel’s en- new grocery store to the community emies, who have been encouraged to believe region has not fully achieved socio- that America’s ally is being cut loose. And it and helping build a new city senior economic party with the rest of the Na- has registered with particular force in the center in 2004. Glen’s commitment to tion, greater involvement in the re- Middle East, where the intensity of anti-Se- public service led him to serve on the gion—not only through funding but mitic incitement has grown steadily. boards of the Solid Waste District and also public service like Al’s—will con- No serious person can claim that the ad- Area Agency on Aging. tinue to help Appalachia’s commu- ministration wants an upsurge of terror. But I applaud Glen for his outstanding nities take advantage of emerging eco- it is hard to deny that it bears a share of re- contributions and achievements as city sponsibility for it. nomic opportunities and diversifica- mayor. We are all grateful for his dedi- tion. f cation, leadership, and eagerness to Knowing that accomplishing the four ADDITIONAL STATEMENTS serve honorably during his years of goals of ARC’s strategic plan requires service to the city of Mansfield and the intense collaboration and civic engage- State of Arkansas. My staff and I have ment, Al was steadfast in working to RECOGNIZING THE ELIJAH enjoyed working with Mayor Hurt on achieve these objectives: to increase MOMENT CAMPAIGN the projects important to Mansfield. I job opportunities and per capita in- ∑ Mr. BLUMENTHAL. Mr. President, am truly grateful for his years of hon- come, strengthen the capacity of Appa- we have recently returned from the orable service and dedication to com- lachia’s citizens to compete in the

VerDate Sep 11 2014 06:17 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.030 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6347 global economy, improve the region’s awards program grants to State and by his peers. After his tenure as a re- infrastructure, and build the Appa- local agencies, governmental entities, spected member of the board, Mayor lachian Development Highway System. local governing boards, and nonprofit Cashell was then elected Lieutenant In working to make the region more organizations: targeting the region’s Governor for the State of Nevada in economically competitive, ARC’s specific needs, and executing plans that 1982. In his role as Lieutenant Gov- model of development, based on com- reinforce the necessity of teamwork ernor, he was instrumental in the munity support, creates sustainable, and commitment. founding of the Nevada Commission on lifelong solutions that likewise stress Al, too, recognized the fundamental Economic Development and the Nevada the value of service at all levels. The importance of working together to Commission on Tourism—both of hundreds of annual projects funded by strengthen the capacity of inter- which he served on as chairman. Upon ARC, all of which address one or more dependent elements: individual leaders, being sworn in as mayor on November of the strategic plan’s goals, further organizations, and the community as a 13, 2002, Mayor Cashell worked dili- demonstrate the intrinsic significance whole. Working in tandem, broad-based gently to ensure the city continues to of public service and its vital role in leadership structures and institutions thrive and to make Reno the renowned planning for a better future. not only spur change but also encour- place for gaming that it is today. His ARC approves funding for more than age the establishment of new business roles in establishing the Truckee River 400 projects annually throughout the and economic opportunities that can Whitewater Park, opening the Commu- 13-State region, including both high- strengthen a community while diversi- nity Assistance Center for the home- way projects and access road projects. fying its base. less, helping to extend the Reno Bowl- The projects have invested funding and Just as ARC’s strategy creates a er’s Convention contract, and founding resources in a range of sectors that di- framework for building on past accom- the YMCA Youth Soccer League are rectly impact economic development in plishments to help move Appalachia just a few of the accomplishments that the Appalachian region, including child forward, so, too, did Al bridge his vi- exemplify the legacy that Mayor development, community infrastruc- sion of the rich, fruitful past with his Cashell will leave behind upon his re- ture, transportation, arts and culture, present—capitalizing on existing assets tirement. career and technical education. and acknowledging the importance of His service to the Reno community Maryland’s projects have included public service in improving commu- goes far beyond the many positions he the formation of Allegany County Con- nities. I ask my colleagues to join me has held in the Silver State over the nect 2 Compete, created to boost edu- today in recognizing the contributions years. Mayor Cashell also served his cational achievement and attainment, Al made to the State of Maryland and country in the U.S. Air Force. I extend and increasing health-care access to our Nation.∑ my deepest gratitude to Mayor Cashell through Allegany County Public f for his courageous contributions to the Health Accreditation. Another feder- United States of America and to free- CONGRATULATING BOB CASHELL ally funded program in Maryland, dom-loving nations around the world. HRDC Head Start Facility, provides ∑ Mr. HELLER. Mr. President, I wish His service to his country and his brav- services to low-income families with to congratulate Mayor Bob Cashell, of ery and dedication to his family and small children, promoting school readi- Reno, on his retirement. After serving community earn him a place among ness, health, and parent involvement in as the mayor of Reno for 12 years, the outstanding men and women who an educational environment. In Mayor Cashell presided over his last have valiantly defended our Nation. As Frostburg, a project called Frostburg city council meeting on November 12, a member of the Senate Committee on Grows: Grow it Local Greenhouse in- 2014. It gives me great pleasure to con- Veterans’ Affairs, I recognize that Con- volves conversion of unused mined land gratulate him not only as a colleague gress has a responsibility not only to into an innovative five-acre greenhouse but also as a friend on his retirement honor these brave individuals who and shade house complex, designed to after more than 35 years of hard work serve America but also to ensure they create additional job opportunities, re- and dedication to the Silver State. are cared for when they return home. duce food insecurity, and provide local A devoted husband and proud father I am grateful for his dedication and and healthy food to the residents of of four, Mayor Cashell stands as a shin- commitment to the people of Reno and Western Maryland. ing example of someone who has dedi- to the State of Nevada. He personifies As Hillary Clinton once remarked, cated his life to serving his commu- the highest standards of leadership and ‘‘Aid chases need; investment chases nity. Upon graduating from the Ste- community service and should be proud opportunity.’’ Al internalized this mes- phen F. Austin State University in of his long and meaningful career. sage, focusing on the implementation Nacogdoches, TX, with a bachelor’s de- Today, I ask that all of my colleagues and improvement of reforms to foster, gree in business, Mayor Cashell moved join me in congratulating Mayor protect, and fully benefit the lives of to Reno to work as a truckdriver and Cashell on his retirement, and I offer Marylanders. This dedication to public salesman for a small refining company my deepest appreciation for all that he service helped define and differentiate in 1961. Several years after moving to has done to make Nevada an even bet- the various communities he served, and Nevada, Mayor Cashell and his col- ter place. I offer my best wishes to illustrates the many, varied possibili- leagues were able to purchase a small Mayor Cashell and his wife Nancy for ties of public service—not limited to casino-restaurant in 1967, which would many successful and fulfilling years to elected office. Serving on scores of later become known as Boomtown Ca- come.∑ local, State, and national committees sino and Hotel. His impressive business f only cemented Al’s involvement in expertise has allowed him to continue civic life. on to manage and own several large TRIBUTE TO GENERAL CHARLES While Al championed community in- properties across Nevada and the H. JACOBY, JR. volvement and public service, ARC’s United States. Serving as the chairman ∑ Ms. MURKOWSKI. Mr. President, in structure also ensures an active Fed- of the board for his business, Cashell a few short weeks a thoughtful and in- eral-State-local partnership rooted in Enterprises, a hotel casino and man- spirational military leader will retire cooperation. One of ARC’s guiding agement company, he quickly became after serving his country proudly for 36 principles is to support inclusive local a business leader within the local gam- years. Today I recognize and commend decisionmaking, and to cultivate a col- ing community. After a long and dis- my good friend GEN Charles H. Jacoby, laborative problem-solving culture in tinguished career in gaming, Mayor Jr., of the U.S. Army for his excep- which community achievements are Cashell decided that he also wanted to tional leadership over those 36 years, made possible through collective ef- pursue a new endeavor and give back to most recently in his role as commander forts and investments. ARC’s develop- his community. of the North American Aerospace De- ment of new strategic plans relies Mayor Cashell’s public career began fense Command and United States heavily on obtaining citizen input on in 1979 when he ran for the University Northern Command. It has been a tre- high-priority regional issues, pro- of Nevada System Board of Regents mendous pleasure to work closely with moting homegrown solutions. ARC and was subsequently elected chairman General Jacoby. I know many of my

VerDate Sep 11 2014 06:17 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.028 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6348 CONGRESSIONAL RECORD — SENATE December 4, 2014 colleagues join me in congratulating tions in support of the Mexican armed in North Carolina with the Army’s dis- him on a job well done and in wishing forces. tinguished 3rd Special Forces Group, him well as he begins a well-deserved General Jacoby’s unique combination Airborne. retirement. of experience, charismatic leadership, Mark will forever be a member of the General Jacoby graduated from the and intelligence served him well as the special community of Americans who United States Military Academy at commander during difficult times over- bravely and selflessly vow to defend West Point in 1978 and received his seas and at home with some tough de- our country so that the rest of us may commission into the infantry as a sec- cisions about the future of our country. continue to live in peace and freedom. ond lieutenant. His command experi- His long and distinguished record of ex- It is my hope that during this ex- ence include Commander, A Company, ceptional service to our country serves tremely difficult time, Mark’s family 2d Battalion, Airborne, 325th Infantry, as the gold standard for general offi- and friends will find comfort in know- 82nd Airborne Division, Fort Bragg, cers, and we wish him and his family ing that Americans everywhere deeply NC, and Operation URGENT FURY, all the best. To this battle-hardened in- appreciate his commitment and service Grenada; commander, 1st Battalion, fantry paratrooper, we say a fond to our nation. 504th Parachute Infantry Regiment, ‘‘keep your feet and knees together’’ as Mark is survived by his parents Jerry 82nd Airborne Division, Fort Bragg, you jump into the next exciting chap- and Dotty of Londonderry, NH; his NC; commander, Joint Task Force- ter of your life.∑ wife, Blair Anastasia Gulezian, of Bravo, United States Southern Com- f Raeford, NC; children Amira Gulezin mand, Honduras and Operation and Dylan Gulezian, both of Richmond, FUERTE APOYO, Strong Support, REMEMBERING SERGEANT FIRST VA; a stepson, Christopher, of Pennsyl- Hurricane Mitch; commanding general, CLASS RICHARD DEMERS vania; his brother, Steven Gulezian of U.S. Army Alaska and deputy com- ∑ Mrs. SHAHEEN. Mr. President, I Londonderry and his girlfriend, Sara mander, United States Alaskan Com- wish to memorialize a New Hampshire Hickey; and niece, Ambree Page ‘‘S.J.’’ mand; and commanding general, I son and proud member of the United Gulezian; also his two dogs, Whiskey Corps, including a combat tour in Iraq States Army, SFC Richard Louis and Lucic. This patriot will be missed serving as the commanding general, Demers. Sergeant Demers was born in by all. Multi-National Corps-Iraq. Prior to his Manchester on December 31, 1966 and On behalf of the people of New Hamp- current assignment, he served as the spent his young life there, graduating shire, I ask my colleagues and all Chairman of the Joint Chiefs of Staff’s from Manchester Memorial High Americans to join me in honoring the director, Strategic Plans and Policy School in 1985. His lengthy career in life and service of this brave American, (J5) and as senior member, U.S. Delega- the Army spanned 22 years, including a Mark Gulezian.∑ tion to the United Nations Military tour of duty in Iraq, as well as tours in f Germany, Colorado, Texas, Hawaii and Staff Committee, the Joint Staff. MESSAGES FROM THE HOUSE It was during General Jacoby’s as- most recently Missouri. signments as commanding general, Sergeant Demers’ choice to dedicate At 3:31 p.m., a message from the United States Army Alaska, and dep- his career to protecting our freedom House of Representatives, delivered by uty commander, United States Alaskan and security is the essence of American Mrs. Cole, one of its reading clerks, an- Command, that we forged an enduring patriotism. It is my hope that during nounced that the House has passed the friendship based on trust and mutual this extremely difficult time, Richard’s following bills, without amendment: respect. We have worked tough issues family and friends will find comfort in S. 2673. An act to enhance the strategic over the years, and I have always knowing that Americans everywhere partnership between the United States and Israel. known him to be a man of his word. He appreciate deeply his selfless service in S. 2917. An act to expand the program of is a great friend of mine and a true defense of our country. priority review to encourage treatments for friend to Alaska. Sergeant Demers is survived by his tropical diseases. General Jacoby has served as the wife of 28 years, Karen, Gagne, Demers, The message further announced that commander of NORAD and of Laquey, MO; their two sons, Jona- the House has passed the following bill, 1 USNORTHCOM for the past 3 ⁄2 years than Demers and his wife Megan, of in which it requests the concurrence of with great distinction. He provided in- Georgia, and Shawn Demers and his the Senate: spired vision, strategic focus and prior- wife Nadine, of Washington; five grand- H.R. 5769. An act to authorize appropria- ities, consistent operational and orga- children; two siblings, Michelle Cham- tions for the Coast Guard for fiscal year 2015, nizational excellence, and exceptional pagne and her husband Roland, of and for other purposes. hands-on leadership not only for the Allenstown, NH, and David Demers and The message also announced that the people of his two commands but also in his wife, Marcia, of Florida; and many House has agreed to the following con- support of the commands’ many inter- nieces and nephews. This patriot will current resolution, in which it requests national, interagency, nongovern- be missed by all. the concurrence of the Senate: mental organization, State, local, and On behalf of the people of New Hamp- H. Con. Res. 120. Concurrent resolution au- private sector partners. Further, he shire, I ask my colleagues and all thorizing the use of Emancipation Hall in honed important working relationships Americans to join me in honoring the the Capitol Visitor Center for a ceremony to between USNORTHCOM and the Na- life and service of this brave American, present the Congressional Gold Medal to the tional Guard, especially in implemen- Richard Demers.∑ World War II members of the Civil Air Pa- trol. tation and execution of the dual status f commander concept. The message further announced that Perhaps most importantly, he was REMEMBERING SERGEANT FIRST the House agreed to the amendment of recognized earlier this year for his ef- CLASS MARK GULEZIAN the Senate to the text of the bill (H.R. forts to strengthen military ties be- ∑ Mrs. SHAHEEN. Mr. President, it is 669) to amend the Public Health Serv- tween the United States and Mexico by with great sadness I rise today to ice Act to improve the health of chil- General Salvador Cienfuegos Zepeda, honor the life and service of SFC Mark dren and help better understand and Secretary of the National Defense Gerald Gulezian, a New Hampshire na- enhance awareness about unexpected Forces, and Admiral Vidal Francisco tive who died on October 10. Mark was sudden death in early life, and an Soberon Sanz, Secretary of the Navy. born on December 28, 1978 in Man- amendment to the title. They honored General Jacoby in a for- chester, NH and was raised in nearby ENROLLED BILLS SIGNED mal military ceremony attended by Londonderry, where he was a graduate At 4:14 p.m., a message from the thousands of the Mexican military as of Londonderry High School. He joined House of Representatives, delivered by the only U.S. military officer ever to the U.S. Army in 1998, and over the Mrs. Cole, one of its reading clerks, an- receive the Mexican Military Merit 1st course of his career served two tours in nounced that the Speaker has signed Class Award and the Mexican Naval Iraq and Afghanistan, in addition to a the following enrolled bills: Award, the highest awards possible for tour in Korea. Sergeant Gulezian was S. 2040. An act to exchange trust and fee a non-Mexican, for his many contribu- most recently stationed at Fort Bragg land to resolve land disputes created by the

VerDate Sep 11 2014 06:17 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.042 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6349 realignment of the Blackfoot River along the Between the Government of the United Nominee: Jess L. Baily. boundary of the Fort Hall Indian Reserva- States of America and the Government of Post: Macedonia tion, and for other purposes. the United Kingdom of Great Britain and (The following is a list of all members of H.R. 43. An act to designate the facility of Northern Ireland for Cooperation on the Uses my immediate family and their spouses. I the United States Postal Service located at of Atomic Energy for Mutual Defense Pur- have asked each of these persons to inform 14 Red River Avenue North in Cold Spring, poses. me of the pertinent contributions made by them. To the best of my knowledge, the in- Minnesota, as the ‘‘Officer Tommy Decker f Memorial Post Office’’. formation contained in this report is com- H.R. 451. An act to designate the facility of MEASURES REFERRED plete and accurate.) the United States Postal Service located at The following bill was read the first Contributions amount, date, and donee: 500 North Brevard Avenue in Cocoa Beach, 1. Self: None. Florida, as the ‘‘Richard K. Salick Post Of- and the second times by unanimous 2. Spouse: $250, 6/5/07, Barak Obama. fice’’. consent, and referred as indicated: 3. Children and Spouses: Noah Baily None. H.R. 669. An act to improve the health of H.R. 5769. An act to authorize appropria- 4. Parents: Oliver L. Baily: $500, 6/29/12, children and help better understand and en- tions for the Coast Guard for fiscal year 2015, Josh Mandel; $200, 3/25/12, Josh Mandel; $250, hance awareness about unexpected sudden and for other purposes; to the Committee on 5/18/12, Romney for Pres.; $1000, 8/15/12, Rom- death in early life. Commerce, Science, and Transportation. ney for Pres.; $1000, 10/12/12, Nat’l Rep. Sen- ate Campaign Com.; $400, 7/25/08, John H.R. 1391. An act to designate the facility f of the United States Postal Service located McCain 08; $1000, 10/3/08, McCain-Palin Vic- at 25 South Oak Street in London, Ohio, as REPORTS OF COMMITTEES tory Ohio; $400, 4/1/08, Nat’l Rep. Congres- the ‘‘London Fallen Veterans Memorial Post sional Committee. The following reports of committees Joan P. Baily: $1000, 8/14/12, Romney Vic- Office’’. were submitted: H.R. 3085. An act to designate the facility tory Inc; $1000, 8/14/12, Romney for President; of the United States Postal Service located By Mrs. BOXER, from the Committee on $1000, 10/3/08, McCain-Palin Victory Ohio; at 3349 West 111th Street in Chicago, Illinois, Environment and Public Works, without $500, 5/18/08, John McCain 2008. as the ‘‘Captain Herbert Johnson Memorial amendment: 5. Grandparents: Deceased for more than 10 Post Office Building’’. S. 2963. A bill to remove a limitation on a years. H.R. 3375. An act to designate the commu- prohibition relating to permits for dis- 6. Brothers and Spouses: None. nity-based outpatient clinic of the Depart- charges incidental to normal operation of 7. Sisters and Spouses: Mary Baily Wieler: ment of Veterans Affairs to be constructed vessels (Rept. No. 113–284). $2500, 10/9/12, Romney Victory Inc; $2500, 10/9/ at 3141 Centennial Boulevard, Colorado By Mr. TESTER, from the Special Com- 12, Romney for President; $500, 7/23/12, Rom- Springs, Colorado, as the ‘‘PFC Floyd K. mittee on Aging: ney for President. Scott A Wieler: $2500, 4/6/12, Romney for Lindstrom Department of Veterans Affairs Report to accompany S. 919, a bill to President. Clinic’’. amend the Indian Self-Determination and H.R. 3682. An act to designate the commu- Education Assistance Act to provide further *Robert Francis Cekuta, of New York, a nity based outpatient clinic of the Depart- self-governance by Indian tribes, and for Career Member of the Senior Foreign Serv- ment of Veterans Affairs located at 1961 Pre- other purposes (Rept. No. 113–285). ice, Class of Minister-Counselor, to be Am- mier Drive in Mankato, Minnesota, as the By Mr. MENENDEZ, from the Committee bassador Extraordinary and Plenipotentiary ‘‘Lyle C. Pearson Community Based Out- on Foreign Relations, with an amendment in of the United States of America to the Re- patient Clinic’’. the nature of a substitute and an amendment H.R. 3957. An act to designate the facility to the title and with an amended preamble: public of Azerbaijan. Nominee: Robert Francis Cekuta. of the United States Postal Service located H. Con. Res. 107. A concurrent resolution denouncing the use of civilians as human Post: Republic of Azerbaijan. at 218–10 Merrick Boulevard in Springfield (The following is a list of all members of shields by Hamas and other terrorist organi- Gardens, New York, as the ‘‘Cynthia Jenkins my immediate family and their spouses. I zations in violation of international humani- Post Office Building’’. have asked each of these persons to inform H.R. 4189. An act to designate the facility tarian law. me of the pertinent contributions made by of the United States Postal Service located By Mr. MENENDEZ, from the Committee them. To the best of my knowledge, the in- at 4000 Leap Road in Hilliard, Ohio, as the on Foreign Relations, without amendment formation contained in this report is com- ‘‘Master Sergeant Shawn T. Hannon, Master and with a preamble: plete and accurate.) S. Res. 578. A resolution supporting the Sergeant Jeffrey J. Rieck and Veterans Me- Contributions, amount, date, and donee: role of the United States in ensuring chil- morial Post Office Building’’. 1. Self: none. H.R. 4443. An act to designate the facility dren in the world’s poorest countries have 2. Spouse: Anne Cekuta: about $50, 2012, of the United States Postal Service located access to vaccines and immunization Barack Obama. at 90 Vermilyea Avenue, in New York, New through Gavi, the Vaccine Alliance. 3. Children and Spouses: Margaret Cekuta: York, as the ‘‘Corporal Juan Mariel By Mr. MENENDEZ, from the Committee about $50, 2012, Barack Obama; Matthew Alcantara Post Office Building’’. on Foreign Relations, with an amendment in Cekuta: none; Stephen Cekuta: none. H.R. 4919. An act to designate the facility the nature of a substitute and with an 4. Parents: Dorothy Woodard, none; of the United States Postal Service located amended preamble: Francis A. Cekuta—deceased. at 715 Shawan Falls Drive in Dublin, Ohio, as S. Res. 586. A resolution calling on the 5. Grandparents: John Francis the ‘‘Lance Corporal Wesley G. Davids and Government of Burma to develop a non-dis- Moorehead—deceased; Alma Dohm Captain Nicholas J. Rozanski Memorial Post criminatory and comprehensive solution Moorehead—deceased; Louis Cekuta—de- Office’’. that addresses Rakhine State’s needs for ceased; Agnes Moorehead—deceased. H.R. 4924. An act to direct the Secretary of peace, security, harmony, and development 6. Brothers and Spouses: David M. Cekuta, the Interior to enter into the Big Sandy under equitable and just application of the about $100, 2012, Dan Forest; about $100, 2012, River-Planet Ranch Water Rights Settle- rule of law, and for other purposes. Josh Mandel; about $400, 2012, Mitt Romney; ment Agreement and the Hualapai Tribe Bill By Mr. ROCKEFELLER, from the Com- about $100, 2012, Scott Walker; about $100, Williams River Water Rights Settlement mittee on Commerce, Science, and Transpor- 2010, Sharon Angle; about $100, 2010, Carly Agreement, to provide for the lease of cer- tation, with an amendment in the nature of Fiorina; Gail Cekuta, none. tain land located within Planet Ranch on the a substitute: 7. Sisters and Spouses: Nancee Cekuta, Bill Williams River in the State of Arizona S. 2140. A bill to improve the transition be- none. to benefit the Lower Colorado River Multi- tween experimental permits and commercial Species Conservation Program, and to pro- licenses for commercial reusable launch ve- *Margaret Ann Uyehara, of Ohio, a Career vide for the settlement of specific water hicles. Member of the Senior Foreign Service, Class rights claims in the Bill Williams River wa- f of Minister-Counselor, to be Ambassador Ex- tershed in the State of Arizona. traordinary and Plenipotentiary of the H.R. 5069. An act to amend the Migratory EXECUTIVE REPORTS OF United States of America to Montenegro. Bird Hunting and Conservation Stamp Act to COMMITTEE Nominee: Margaret A. Uyehara. increase in the price of Migratory Bird Hunt- The following executive reports of Post: (proposed—Montenegro). ing and Conservation Stamps to fund the ac- (The following is a list of all members of quisition of conservation easements for mi- nominations were submitted: my immediate family and their spouses. I gratory birds, and for other purposes. By Mr. MENENDEZ for the Committee on have asked each of these persons to inform H.R. 5106. An act to designate the facility Foreign Relations. me of the pertinent contributions made by of the United States Postal Service located *Jess Lippincott Baily, of Ohio, a Career them. To the best of my knowledge, the in- at 100 Admiral Callaghan Lane in Vallejo, Member of the Senior Foreign Service, Class formation contained in this report is com- California, as the ‘‘Philmore Graham Post of Minister-Counselor, to be Ambassador Ex- plete and accurate.) Office Building’’. traordinary and Plenipotentiary of the Contributions, amount, date, and donee: H.R. 5681. An act to provide for the ap- United States of America to the Republic of 1. Self: none. proval of the Amendment to the Agreement Macedonia. 2. Spouse: Michael M. Uyehara, none.

VerDate Sep 11 2014 06:17 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.010 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6350 CONGRESSIONAL RECORD — SENATE December 4, 2014 3. Children and Spouses: Andrew Jameson Nominee: Richard Rahul Verma. prove commercialization of technologies de- Uyehara, none; Leilani Keiko Uyehara, none; Post: U.S. Ambassador to India. veloped at National Laboratories and the Ryan Shizuo Uyehara, none; Christopher (The following is a list of all members of technology-driven economic impact of com- Mitsuo Uyehara, none; Malia Michiko my immediate family and their spouses. I mercialization in the regions in which Na- Uyehara, none. have asked each of these persons to inform tional Laboratories are located, and for 4. Parents: Peggy L. Yohner (deceased), me of the pertinent contributions made by other purposes; to the Committee on Energy none; Kenneth E. Yohner (deceased), none. them. To the best of my knowledge, the in- and Natural Resources. 5. Grandparents: George Chester Bush (de- formation contained in this report is com- By Mr. BLUMENTHAL: ceased), none; Roberta Bush (deceased), plete and accurate.) S. 2974. A bill to provide for a review of, none; Frank Yohner (deceased), none; Ethel Contributions, amount, date, and donee: and repeal of, the antitrust exemptions for Yohner (deceased), none. 1. Self: $1000, March 12, 2012, Mark Critz for 6. Brothers and Spouses: n/a. Congress; $500, Sept 21, 2012, Obama for professional sports; to the Committee on the 7. Sisters and Spouses: Heidi Mangus (sis- America; $3000, 2011, Steptoe & Johnson PAC; Judiciary. ter), none; Ronald Mangus (brother-in-law), $1700, 2012, Steptoe & Johnson PAC. By Mr. PORTMAN (for himself and Mr. none. 2. Spouse: Melineh Verma: no contribu- CARDIN): tions. S. 2975. A bill to amend title XVIII of the *Richard M. Mills, Jr., of Texas, a Career 3. Children and Spouses: Zoe Verma, Dylan Social Security Act to require State licen- Member of the Senior Foreign Service, Class Verma, Lucy Verma (all minor children, no sure and bid surety bonds for entities sub- of Counselor, to be Ambassador Extraor- spouses)—no contributions. mitting bids under the Medicare durable dinary and Plenipotentiary of the United 4. Parents: KD Verma, $500, March 12, 2012, medical equipment, prosthetics, orthotics, States of America to the Republic of Arme- Mark Critz for Congress; Savitri Verma (de- and supplies (DMEPOS) competitive acquisi- nia. ceased), no contributions. tion program, and for other purposes; to the Nominee: Richard M. Mills, Jr. 5. Grandparents: deceased in the 1970s, no Committee on Finance. Post: Ambassador to Armenia. contributions. By Ms. COLLINS (for herself and Ms. (The following is a list of all members of 6. Brothers and Spouses: Rajiv and Indu KLOBUCHAR): my immediate family and their spouses. I Verma, no contributions. have asked each of these persons to inform 7. Sisters and Spouses: Amita Verma, $250, S. 2976. A bill to amend the Commodity Ex- me of the pertinent contributions made by March 12, 2012, Mark Critz for Congress; $35, change Act and the Securities Exchange Act them. To the best of my knowledge, the in- October 21, 2012, Obama for America; $35, No- of 1934 to specify how clearing requirements formation contained in this report is com- vember 3, 2012, Obama for America; Bill and apply to certain affiliate transactions, and plete and accurate.) Rita Orren, no contributions; Roma Murthy, for other purposes; to the Committee on Ag- Contributions amount, date, and donee: no contributions; Bala Murthy (spouse of riculture, Nutrition, and Forestry. 1. Self: none. Roma Murthy), $500, March 12, 2012, Mark By Mr. BENNET (for himself and Mr. 2. Spouse: Leigh G. Carter: none. Crtiz for Congress. HATCH): 3. Children and Spouses: N/A. S. 2977. A bill to amend the Federal Food, 4. Parents: Richard M. Mills, none; Joanne Foreign Service nomination of Sharon Lee Drug, and Cosmetic Act to provide for the Lloyd Mills, none. Cromer. 5. Grandparents: William Lloyd—deceased regulation of patient records and certain de- Foreign Service nominations beginning cision support software; to the Committee on (1969); Margaret Lloyd—deceased (1989); Ber- with Michael A. Lally and ending with John tha Cazes—deceased (1978); (my grandparents Health, Education, Labor, and Pensions. E. Simmons, which nominations were re- By Mr. BURR: divorced in the 1940s and I have no informa- ceived by the Senate and appeared in the tion on my paternal grandfather). Congressional Record on April 10, 2014. S. 2978. A bill to direct the Secretary of 6. Brothers and Spouses: Randolph Lloyd Foreign Service nominations beginning Veterans Affairs to designate at least one Mills, none; Sharon Mills (spouse), none. with Andrew J. Billard and ending with city in the United States each year as an 7. Sisters and Spouses: Malise Anne Fletch- Brenda Vanhorn, which nominations were re- American World War II City, and for other er, none; Keith Fletcher (divorced 2006), un- ceived by the Senate and appeared in the purposes; to the Committee on Armed Serv- known. Congressional Record on April 10, 2014. ices. Isobel Coleman, of New York, to be Rep- By Mr. WALSH (for himself and Mr. *Peter Michael McKinley, of Virginia, a resentative of the United States of America TESTER): Career Member of the Senior Foreign Serv- to the United Nations for U. N. Management S. 2979. A bill to extend eligibility for hos- ice, Class of Minister-Counselor, to be Am- and Reform, with the rank of Ambassador. pital care, medical services, and nursing bassador Extraordinary and Plenipotentiary *Isobel Coleman, of New York, as an Alter- home and domiciliary care for certain vet- of the United States of America to the Is- nate Representative of the United States of erans who served in a theater of combat op- lamic Republic of Afghanistan. America to the Sessions of the General As- erations; to the Committee on Veterans’ Af- Nominee: Peter Michael McKinley. sembly of the United Nations during her ten- Post: Embassy Kabul (current). fairs. (The following is a list of all members of ure of service as Representative of the By Mr. MENENDEZ (for himself, Mr. my immediate family and their spouses. I United States of America to the United Na- KIRK, and Mr. BURR): tions for U.N. Management and Reform. have asked each of these persons to inform S. 2980. A bill to amend title XVIII of the *Carol Leslie Hamilton, of California, to be me of the pertinent contributions made by Social Security Act to modify payment an Alternate Representative of the United them. To the best of my knowledge, the in- under the Medicare program for outpatient States of America to the Sixty-ninth Session formation contained in this report is com- department procedures that utilize drugs as of the General Assembly of the United Na- plete and accurate.) supplies, and for other purposes; to the Com- Contributions amount, date, and donee: tions. *Leon Aron, of Virginia, to be a Member of mittee on Finance. 1. Self: none. By Mr. WYDEN: 2. Spouse: Fatima McKinley: none. the Broadcasting Board of Governors for a 3. Children and Spouses: Peter McKinley, term expiring August 13, 2016. S. 2981. A bill to prohibit Federal agencies none; Claire McKinley, none; Sarah McKin- Foreign Service nomination of James D. from mandating the deployment of ley, none. Lindley. vulnerabilities in data security technologies; 4. Parents: Peter McKinley (father)—my *Nomination was reported with rec- to the Committee on Commerce, Science, father, who will be 88 this year, remembers ommendation that it be confirmed sub- and Transportation. giving about $20 a year to the Republican ject to the nominee’s commitment to By Mr. TOOMEY: National Committee and $20 a year to the respond to requests to appear and tes- S. 2982. A bill to provide for the issuance of Connecticut Republicans. He remembers tify before any duly constituted com- a forever stamp to honor the sacrifices of the doing so each of the past four years (back to brave men and women of the Armed Forces 2010). He does not keep past records. He did mittee of the Senate. who are still prisoner, missing, or unac- give $15 to the National Republican Congres- (Nominations without an asterisk counted for, and for other purposes; to the sional Committee on March 28 2014; were reported with the recommenda- Committee on Homeland Security and Gov- Enriqueta McKinley (mother)—deceased 2001. tion that they be confirmed.) ernmental Affairs. 5. Grandparents: Lindsay and Marjorie f By Mr. WICKER: McKinley—deceased before 1990; Francisco INTRODUCTION OF BILLS AND S. 2983. A bill to allow for a contract for and Vicenta Liano—deceased before 1960. operation of Melville Hall of United States 6. Brothers and Spouses: Brian McKinley, JOINT RESOLUTIONS Merchant Marine Academy after gift by none; Rocio McKinley (spouse), none. The following bills and joint resolu- United States Merchant Marine Academy 7. Sisters and Spouses: Margaret McKinley, tions were introduced, read the first $25, 2011, Democratic CCC; $45, 2013, Demo- Alumni Association and Foundation, Inc., cratic CCC; Hyde Clark (spouse), none. and second times by unanimous con- for renovation of such hall and for other pur- sent, and referred as indicated: poses; to the Committee on Commerce, Science, and Transportation. *Richard Rahul Verma, of Maryland, to be By Mr. HEINRICH: Ambassador Extraordinary and Pleni- S. 2973. A bill to establish a grant program By Mr. CHAMBLISS: potentiary of the United States of America to allow National Laboratories to provide S. 2984. A bill to modify the definition of to the Republic of India. vouchers to small business concerns to im- cotton futures contracts in the United

VerDate Sep 11 2014 06:17 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.022 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6351 States Cotton Futures Act; to the Com- S. 2523 2963, a bill to remove a limitation on a mittee on Agriculture, Nutrition, and For- At the request of Ms. KLOBUCHAR, the prohibition relating to permits for dis- estry. name of the Senator from Minnesota charges incidental to normal operation By Ms. KLOBUCHAR (for herself and Mr. (Mr. FRANKEN) was added as a cospon- of vessels. FRANKEN): S. 2985. A bill to designate a segment of sor of S. 2523, a bill to designate the fa- S. RES. 578 Interstate Route 35 in the State of Min- cility of the United States Postal Serv- At the request of Mr. MENENDEZ, the nesota as the ‘‘James L. Oberstar Memorial ice located at 14 3rd Avenue, NW., in names of the Senator from Ohio (Mr. Highway’’; to the Committee on Environ- Chisholm, Minnesota, as the ‘‘James L. BROWN) and the Senator from New ment and Public Works. Oberstar Memorial Post Office Build- Mexico (Mr. UDALL) were added as co- By Mr. SCHATZ: ing’’. sponsors of S. Res. 578, a resolution S. 2986. A bill to require the Secretary of S. 2609 the Interior to assemble a team of technical, supporting the role of the United policy, and financial experts to address the At the request of Mr. ENZI, the name States in ensuring children in the energy needs of the insular areas of the of the Senator from Hawaii (Ms. world’s poorest countries have access United States and the Freely Associated HIRONO) was added as a cosponsor of S. to vaccines and immunization through States through the development of energy 2609, a bill to restore States’ sovereign Gavi, the Vaccine Alliance. action plans aimed at promoting access to rights to enforce State and local sales AMENDMENT NO. 3588 affordable, reliable energy, including in- and use tax laws, and for other pur- At the request of Mr. TESTER, the creasing use of indigenous clean-energy re- poses. sources, and for other purposes; to the Com- names of the Senator from Ohio (Mr. mittee on Energy and Natural Resources. S. 2723 BROWN), the Senator from West Vir- f At the request of Mr. FRANKEN, the ginia (Mr. MANCHIN) and the Senator name of the Senator from Massachu- from Delaware (Mr. COONS) were added SUBMISSION OF CONCURRENT AND setts (Ms. WARREN) was added as a co- as cosponsors of amendment No. 3588 SENATE RESOLUTIONS sponsor of S. 2723, a bill to amend the intended to be proposed to S. 2410, an The following concurrent resolutions Internal Revenue Code of 1986 to qual- original bill to authorize appropria- and Senate resolutions were read, and ify homeless youth and veterans who tions for fiscal year 2015 for military referred (or acted upon), as indicated: are full-time students for purposes of activities of the Department of De- By Ms. MIKULSKI (for herself and Mr. the low income housing tax credit. fense, for military construction, and KIRK): S. 2789 for defense activities of the Depart- S. Res. 594. A resolution celebrating the At the request of Mr. HARKIN, the ment of Energy, to prescribe military centennial year of the birth of Jan Karski name of the Senator from Wisconsin personnel strengths for such fiscal and honoring his extraordinary and coura- year, and for other purposes. geous life; considered and agreed to. (Ms. BALDWIN) was added as a cospon- sor of S. 2789, a bill to amend part B of f f the Individuals with Disabilities Edu- ADDITIONAL COSPONSORS cation Act to provide full Federal fund- STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS S. 313 ing of such part. At the request of Mr. CASEY, the S. 2816 By Ms. COLLINS (for herself and name of the Senator from Ohio (Mr. At the request of Mr. BOOKER, the Ms. KLOBUCHAR): PORTMAN) was added as a cosponsor of name of the Senator from Minnesota S. 2976. A bill to amend the Com- S. 313, a bill to amend the Internal (Mr. FRANKEN) was added as a cospon- modity Exchange Act and the Securi- Revenue Code of 1986 to provide for the sor of S. 2816, a bill to amend the Inter- ties Exchange Act of 1934 to specify tax treatment of ABLE accounts estab- nal Revenue Code of 1986 to eliminate how clearing requirements apply to lished under State programs for the the specific exemption for professional certain affiliate transactions, and for care of family members with disabil- football leagues and to provide a spe- other purposes; to the Committee on ities, and for other purposes. cial rule for other professional sports Agriculture, Nutrition, and Forestry. Ms. COLLINS. Mr. President, today S. 1463 leagues, and to provide an additional Senator KLOBUCHAR and I are intro- At the request of Mrs. BOXER, the authorization of appropriations for the ducing legislation to clarify that com- names of the Senator from Missouri Family Violence Prevention and Serv- mercial companies that execute swaps (Mrs. MCCASKILL) and the Senator from ices Act. to manage their business risk through Maryland (Mr. CARDIN) were added as S. 2909 ‘‘centralized treasury units’’ are enti- cosponsors of S. 1463, a bill to amend ASEY At the request of Mr. C , the tled to the end-user clearing exemption the Lacey Act Amendments of 1981 to name of the Senator from New Mexico provided by Congress as part of the prohibit importation, exportation, EINRICH (Mr. H ) was added as a cospon- Dodd-Frank Act. transportation, sale, receipt, acquisi- sor of S. 2909, a bill to authorize a com- The Dodd-Frank Act requires finan- tion, and purchase in interstate or for- prehensive strategic approach for cial entities to clear and trade their de- eign commerce, or in a manner sub- United States foreign assistance to de- rivatives contracts on regulated ex- stantially affecting interstate or for- veloping countries to end extreme changes. The point of this reform is to eign commerce, of any live animal of global poverty and hunger, achieve cut down on the systemic risk posed by any prohibited wildlife species. food and nutrition security, promote financial speculators who invest in S. 1739 endurable, long-term, agricultural-led volatile derivatives contracts. It was At the request of Mr. HOEVEN, the economic growth, improve nutritional not intended to restrict the ability of name of the Senator from Wisconsin outcomes, especially for women and non-financial ‘‘end-users’’ to hedge (Ms. BALDWIN) was added as a cospon- children, build resilient, adaptive, local commercial risks that are part of their sor of S. 1739, a bill to modify the effi- capacity of vulnerable populations, and normal business operations. For that ciency standards for grid-enabled water for other related purposes. reason, the Dodd-Frank Act provided heaters. S. 2953 end-users with an exemption from the S. 2348 At the request of Mr. RUBIO, the act’s clearing requirements. At the request of Mr. BROWN, the name of the Senator from Wisconsin Many non-financial end-users use name of the Senator from Massachu- (Mr. JOHNSON) was added as a cosponsor subsidiaries called ‘‘centralized treas- setts (Mr. MARKEY) was added as a co- of S. 2953, a bill to prohibit an alien ury units’’ to manage their derivatives sponsor of S. 2348, a bill to amend title who is a national of a country with a contracts. These centralized treasury XVIII of the Social Security Act to widespread Ebola virus outbreak from units allow corporations to consolidate waive coinsurance under Medicare for obtaining a visa and for other purposes. their hedging expertise in one sub- colorectal cancer screening tests, re- S. 2963 sidiary. Unfortunately, because these gardless of whether therapeutic inter- At the request of Mrs. BOXER, the subsidiaries are not technically ‘‘end- vention is required during the screen- name of the Senator from Oregon (Mr. users’’ themselves, the end-user exemp- ing. WYDEN) was added as a cosponsor of S. tion provided by Dodd-Frank does not

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.018 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6352 CONGRESSIONAL RECORD — SENATE December 4, 2014 apply to them, even though they exe- Whereas the Parliament of the Republic of CLES.—The value of a vessel transferred to cute derivatives for other end-users Poland has designated 2014 as ‘‘The Year of another country on a grant basis pursuant to within the corporate family, and are Jan Karski’’; and authority provided by subsection (a) shall considered a best-practice among cor- Whereas on April 1, 2014, to mark Jan not be counted against the aggregate value Karski’s 100th birthday, the Senate unani- of excess defense articles transferred in any porate treasurers. mously passed a resolution honoring his fiscal year under section 516 of the Foreign Our legislation fixes the end-user ex- bravery and dedication in telling the world Assistance Act of 1961 (22 U.S.C. 2321j). emption to clarify that it applies to of the atrocities that took place in Poland (e) COSTS OF TRANSFERS.—Any expense in- swaps between a centralized treasury during the Holocaust: Now, therefore, be it curred by the United States in connection unit and an external counterparty, so Resolved, That the Senate— with a transfer authorized by this section long as the swap hedges the risks of a (1) celebrates 2014 as the centennial year of shall be charged to the recipient notwith- commercial affiliate. The language of the birth of Jan Karski; and standing section 516(e) of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2321j(e)). our bill is substantially the same as (2) honors the life and legacy of Jan Karski. (f) REPAIR AND REFURBISHMENT IN UNITED that of H.R. 5471, offered by Represent- STATES SHIPYARDS.—To the maximum extent f atives MOORE, STIVERS, GIBSON, and practicable, the President shall require, as a FUDGE, that passed the House by voice AMENDMENTS SUBMITTED AND condition of the transfer of a vessel under vote yesterday. PROPOSED this section, that the recipient to which the I urge my colleagues to support the vessel is transferred have such repair or re- SA 3973. Mr. REID (for Mr. MENENDEZ) pro- furbishment of the vessel as is needed, before common sense clarification proposed in posed an amendment to the bill S. 1683, to this bipartisan legislation. the vessel joins the naval forces of that re- provide for the transfer of naval vessels to cipient, performed at a shipyard located in f certain foreign recipients, and for other pur- the United States. poses. SUBMITTED RESOLUTIONS (g) EXPIRATION OF AUTHORITY.—The au- f thority to transfer a vessel under this sec- TEXT OF AMENDMENTS tion shall expire at the end of the 3-year pe- SENATE RESOLUTION 594—CELE- riod beginning on the date of the enactment SA 3973. Mr. REID (for Mr. MENEN- of this Act. BRATING THE CENTENNIAL DEZ) proposed an amendment to the TITLE II—ADDITIONAL PROVISIONS YEAR OF THE BIRTH OF JAN bill S. 1683, to provide for the transfer KARSKI AND HONORING HIS EX- SEC. 201. ENHANCED CONGRESSIONAL OVER- of naval vessels to certain foreign re- SIGHT OF ARMS SALES, INCLUDING TRAORDINARY AND COURA- cipients, and for other purposes; as fol- TO THE MIDDLE EAST. GEOUS LIFE lows: Section 36 of the Arms Export Control Act Ms. MIKULSKI (for herself and Mr. (22 U.S.C. 2776) is amended by adding at the Strike all after the enacting clause and in- end the following new subsection: KIRK) submitted the following resolu- sert the following: ‘‘(i) PRIOR NOTIFICATION OF SHIPMENT OF tion; which was considered and agreed SECTION 1. APPROPRIATE CONGRESSIONAL ARMS.—At least 30 days prior to a shipment to: COMMITTEES DEFINED. of defense articles subject to the require- S. RES. 594 In this Act, the term ‘‘appropriate congres- ments of subsection (b) at the joint request sional committees’’ means— of the Chairman and Ranking Member of the Whereas Jan Karski was born on April 24, (1) the Committee on Foreign Relations of Committee on Foreign Relations of the Sen- 1914, as Jan Kozielewski, in Lodz, Poland; the Senate; and ate or the Committee on Foreign Affairs of Whereas Jan Karski served in the Polish (2) the Committee on Foreign Affairs of the the House of Representatives, the President diplomatic service, enlisted in the military, House of Representatives. shall provide notification of such pending and was serving in the Polish army when shipment, in unclassified form, with a classi- German soldiers invaded Poland in 1939; TITLE I—TRANSFER OF EXCESS UNITED fied annex as necessary, to the Committee on Whereas Jan Karski was captured by the STATES NAVAL VESSELS Foreign Relations of the Senate and the Red Army when the Soviet Union invaded SEC. 101. SHORT TITLE. Committee on Foreign Affairs of the House Poland; This title may be cited as the ‘‘Naval Ves- of Representatives.’’. Whereas in 1940, Jan Karski escaped the sel Transfer Act of 2013’’. horrific Katyn Massacre, in which an esti- SEC. 202. INCREASE IN ANNUAL LIMITATION ON SEC. 102. TRANSFER OF NAVAL VESSELS TO CER- TRANSFER OF EXCESS DEFENSE AR- mated 22,000 Poles, including 8,000 Polish TAIN FOREIGN RECIPIENTS. TICLES. military officers, were brutally slain by So- (a) TRANSFERS BY GRANT TO MEXICO.—The Section 516(g)(1) of the Foreign Assistance viet soldiers; President is authorized to transfer to the Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended Whereas Jan Karski escaped to Warsaw Government of Mexico the OLIVER HAZ- by striking ‘‘$425,000,000’’ and inserting and joined the Polish underground resistance ARD PERRY class guided missile frigates ‘‘$500,000,000’’. movement, where he served as a courier de- USS CURTS (FFG–38) and USS MCCLUSKY SEC. 203. INTEGRATED AIR AND MISSILE DE- livering messages to the Polish government- (FFG–41) on a grant basis under section 516 FENSE PROGRAMS AT TRAINING LO- in-exile detailing the horrific brutality of of the Foreign Assistance Act of 1961 (22 CATIONS IN SOUTHWEST ASIA. the Nazis in Warsaw; U.S.C. 2321j). Section 544(c) of the Foreign Assistance Whereas Jan Karski risked his life on sev- (b) TRANSFER BY SALE TO THE TAIPEI ECO- Act of 1961 (22 U.S.C. 2347c(c)) is amended by eral occasions, including when he infiltrated NOMIC AND CULTURAL REPRESENTATIVE OF- adding at the end the following new para- the Warsaw ghetto and the Izbica transit FICE IN THE UNITED STATES.—The President graph: camp, and provided some of the first eye- is authorized to transfer the OLIVER HAZ- ‘‘(4) The President shall report to the ap- witness accounts of the Holocaust to the ARD PERRY class guided missile frigates propriate congressional committees (as de- Polish government-in-exile, the British gov- USS TAYLOR (FFG–50), USS GARY (FFG– fined in section 656(e)) annually on the ac- ernment, and the United States Government; 51), USS CARR (FFG–52), and USS ELROD tivities undertaken in the programs author- Whereas in July of 1943, Jan Karski trav- (FFG–55) to the Taipei Economic and Cul- ized under this subsection.’’. eled to the United States to meet with Presi- tural Representative Office in the United SEC. 204. LICENSING OF CERTAIN COMMERCE- dent Roosevelt to describe the horrors of the States (which is the Taiwan instrumentality CONTROLLED ITEMS. Nazi genocide he had witnessed; designated pursuant to section 10(a) of the Section 38 of the Arms Export Control Act Whereas Jan Karski remained dedicated Taiwan Relations Act (22 U.S.C. 3309(a))) on (22 U.S.C. 2778) is amended by adding at the throughout his life to raising global aware- a sale basis under section 21 of the Arms Ex- end the following new subsection: ness of the atrocities of the Holocaust; port Control Act (22 U.S.C. 2761). ‘‘(k) LICENSING OF CERTAIN COMMERCE-CON- Whereas after World War II, Jan Karski (c) ALTERNATIVE TRANSFER AUTHORITY.— TROLLED ITEMS.— moved to the United States and enrolled in Notwithstanding the authority provided in ‘‘(1) IN GENERAL.—A license or other ap- Georgetown University, earning a Ph.D. in subsections (a) and (b) and to transfer spe- proval from the Department of State granted 1952 and teaching at the university’s Edmund cific vessels to specific countries, the Presi- in accordance with this section may also au- A. Walsh School of Foreign Service for 35 dent is authorized to transfer any vessel thorize the export of items subject to the Ex- years until his retirement in 1984; named in this title to any country named in port Administration Regulations if such Whereas Jan Karski became a citizen of this section, subject to the same conditions items are to be used in or with defense arti- the United States in 1954; that would apply for such country under this cles controlled on the United States Muni- Whereas Jan Karski was posthumously section, such that the total number of ves- tions List. awarded the Presidential Medal of Freedom sels transferred to such country does not ex- ‘‘(2) OTHER REQUIREMENTS.—The following in 2012 for his courageous efforts in uncover- ceed the total number of vessels authorized requirements shall apply with respect to a li- ing the atrocities of the Holocaust and his for transfer to such country by this section. cense or other approval to authorize the ex- commitment to sharing what he witnessed (d) GRANTS NOT COUNTED IN ANNUAL TOTAL port of items subject to the Export Adminis- with the world; OF TRANSFERRED EXCESS DEFENSE ARTI- tration Regulations under paragraph (1):

VerDate Sep 11 2014 06:17 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.027 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6353 ‘‘(A) Separate approval from the Depart- SEC. 206. AMENDMENT TO DEFINITION OF ‘‘SECU- (aa) by striking ‘‘section’’ and inserting ment of Commerce shall not be required for RITY ASSISTANCE’’ UNDER THE FOR- ‘‘sections’’; and such items if such items are approved for ex- EIGN ASSISTANCE ACT OF 1961. (bb) by striking ‘‘(18 U.S.C. 175b)’’ and in- port under a Department of State license or Section 502B(d) of the Foreign Assistance serting ‘‘(18 U.S.C. 175c)’’; and other approval. Act of 1961 (22 U.S.C. 2304(d)) is amended— (iii) in subsection (j)(2), in the matter pre- ‘‘(B) Such items subject to the Export Ad- (1) in paragraph (1), by striking ‘‘and’’ at ceding subparagraph (A), by inserting ‘‘in’’ the end; and ministration Regulations that are exported after ‘‘to’’; and (2) by amending paragraph (2)(C) to read as pursuant to a Department of State license or (B) in section 47(2), in the matter preceding follows: other approval would remain under the juris- subparagraph (A), by striking ‘‘sec. 21(a),,’’ ‘‘(C) any license in effect with respect to diction of the Department of Commerce with and inserting ‘‘section 21(a),’’. the export to or for the armed forces, police, respect to any subsequent transactions. (2) FOREIGN ASSISTANCE ACT OF 1961.—Sec- intelligence, or other internal security ‘‘(C) The inclusion of the term ‘subject to tion 502B of the Foreign Assistance Act of forces of a foreign country of— the EAR’ or any similar term on a Depart- 1961 (22 U.S.C. 2304) is amended— ‘‘(i) defense articles or defense services ment of State license or approval shall not (A) in subsection (b), by striking ‘‘Wher- under section 38 of the Armed Export Con- affect the jurisdiction with respect to such ever applicable, a description’’ and inserting trol Act (22 U.S.C. 2778); or items. ‘‘Wherever applicable, such report shall in- ‘‘(ii) items listed under the 600 series of the ‘‘(3) DEFINITION.—In this subsection, the clude a description’’; and Commerce Control List contained in Supple- term ‘Export Administration Regulations’ (B) in subsection (d)(2)(B), by striking ment No. 1 to part 774 of subtitle B of title means— ‘‘credits’’ and inserting ‘‘credits)’’. 15, Code of Federal Regulations;’’. ‘‘(A) the Export Administration Regula- SEC. 209. APPLICATION OF CERTAIN PROVISIONS tions as maintained and amended under the SEC. 207. AMENDMENTS TO DEFINITIONS OF ‘‘DE- OF EXPORT ADMINISTRATION ACT FENSE ARTICLE’’ AND ‘‘DEFENSE OF 1979. authority of the International Emergency SERVICE’’ UNDER THE ARMS EX- (a) PROTECTION OF INFORMATION.—Section Economic Powers Act (50 U.S.C. 1701 et seq.); PORT CONTROL ACT. or Section 47 of the Arms Export Control Act 12(c) of the Export Administration Act of ‘‘(B) any successor regulations.’’. (22 U.S.C. 2794) is amended— 1979 (50 U.S.C. App. 2411(c)) has been in effect (1) in the matter preceding subparagraph from August 20, 2001, and continues in effect SEC. 205. AMENDMENTS RELATING TO REMOVAL on and after the date of the enactment of OF MAJOR DEFENSE EQUIPMENT (A) of paragraph (3), by striking ‘‘includes’’ and inserting ‘‘means, with respect to a sale this Act, pursuant to the International FROM UNITED STATES MUNITIONS Emergency Economic Powers Act (50 U.S.C. LIST. or transfer by the United States under the authority of this Act or any other foreign as- 1701 et seq.) and notwithstanding section 20 (a) REQUIREMENTS FOR REMOVAL OF MAJOR sistance or sales program of the United of the Export Administration Act of 1979 (50 DEFENSE EQUIPMENT FROM UNITED STATES States’’; and U.S.C. App. 2419). Section 12(c)(1) of the Ex- MUNITIONS LIST.—Section 38(f) of the Arms (2) in paragraph (4), by striking ‘‘includes’’ port Administration Act of 1979 is a statute Export Control Act (22 U.S.C. 2778(f)) is and inserting ‘‘means, with respect to a sale covered by section 552(b)(3) of title 5, United amended by adding at the end the following: or transfer by the United States under the States Code. (b) TERMINATION DATE.—Subsection (a) ter- ‘‘(5)(A) Except as provided in subparagraph authority of this Act or any other foreign as- minates at the end of the 4-year period be- (B), the President shall take such actions as sistance or sales program of the United ginning on the date of the enactment of this may be necessary to require that, at the States,’’. Act. time of export or reexport of any major de- SEC. 208. TECHNICAL AMENDMENTS. fense equipment listed on the 600 series of (a) IN GENERAL.—The Arms Export Control f the Commerce Control List contained in Act (22 U.S.C. 2751 et seq.) is amended— AUTHORITY FOR COMMITTEES TO Supplement No. 1 to part 774 of subtitle B of (1) in sections 3(a), 3(d)(1), 3(d)(3)(A), 3(e), MEET title 15, Code of Federal Regulations, the 5(c), 6, 21(g), 36(a), 36(b)(1), 36(b)(5)(C), major defense equipment will not be subse- 36(c)(1), 36(f), 38(f)(1), 40(f)(1), 40(g)(2)(B), COMMITTEE ON ENERGY AND NATURAL quently modified so as to transform such 101(b), and 102(a)(2), by striking ‘‘the Speaker RESOURCES major defense equipment into a defense arti- of the House of Representatives and’’ each Mr. COONS. Mr. President, I ask cle. place it appears and inserting ‘‘the Speaker unanimous consent that the Com- ‘‘(B) The President may authorize the of the House of Representatives, the Com- mittee on Energy and Natural Re- transformation of any major defense equip- mittee on Foreign Affairs of the House of sources be authorized to meet during ment described in subparagraph (A) into a Representatives, and’’; defense article if the President— (2) in section 21(i)(1) by inserting after ‘‘the the session of the Senate on December ‘‘(i) determines that such transformation Speaker of the House of Representatives’’ 4, 2014, at 10:30 a.m. in room SD–366 of is appropriate and in the national interests the following ‘‘, the Committees on Foreign the Dirksen Senate Office Building. of the United States; and Affairs and Armed Services of the House of The PRESIDING OFFICER. Without ‘‘(ii) provides notice of such trans- Representatives,’’; objection, it is so ordered. formation to the chairman of the Committee (3) in sections 25(e), 38(f)(2), 38(j)(3), and COMMITTEE ON FOREIGN RELATIONS on Foreign Affairs of the House of Represent- 38(j)(4)(B), by striking ‘‘International Rela- Mr. COONS. Mr. President, I ask atives and the chairman of the Committee tions’’ each place it appears and inserting on Foreign Relations of the Senate con- ‘‘Foreign Affairs’’; unanimous consent that the Com- sistent with the notification requirements of (4) in sections 27(f) and 62(a), by inserting mittee on Foreign Relations be author- section 36(b)(5)(A) of this Act. after ‘‘the Speaker of the House of Rep- ized to meet during the session of the ‘‘(C) In this paragraph, the term ‘defense resentatives,’’ each place it appears the fol- Senate on December 4, 2014, at 10 a.m. article’ means an item designated by the lowing: ‘‘the Committee on Foreign Affairs The PRESIDING OFFICER. Without President pursuant to subsection (a)(1).’’. of the House of Representatives,’’; and objection, it is so ordered. (b) NOTIFICATION AND REPORTING REQUIRE- (5) in section 73(e)(2), by striking ‘‘the COMMITTEE ON THE JUDICIARY Committee on National Security and the MENTS FOR MAJOR DEFENSE EQUIPMENT RE- Committee on International Relations of the Mr. COONS. Mr. President, I ask MOVED FROM UNITED STATES MUNITIONS House of Representatives’’ and inserting unanimous consent that the Com- LIST.—Section 38(f) of the Arms Export Con- ‘‘the Committee on Armed Services and the mittee on the Judiciary be authorized trol Act (22 U.S.C. 2778(f)), as amended by Committee on Foreign Affairs of the House to meet during the session of the Sen- this section, is further amended by adding at of Representatives’’. ate on December 4, 2014, at 10:15 a.m., the end the following: (b) OTHER TECHNICAL AMENDMENTS.— in room SD–226 of the Dirksen Senate ‘‘(6) The President shall ensure that any (1) ARMS EXPORT CONTROL ACT.—The Arms Office Building, to conduct a hearing major defense equipment that is listed on Export Control Act (22 U.S.C. 2751 et seq.), as entitled ‘‘The FANS Act: Are Sports the 600 series of the Commerce Control List amended by subsection (a), is further amend- contained in Supplement No. 1 to part 774 of ed— Blackouts and Antitrust Exemptions subtitle B of title 15, Code of Federal Regula- (A) in section 38— Harming Fans, Consumers, and the tions, shall continue to be subject to the no- (i) in subsection (b)(1), by redesignating Games Themselves?’’ The witness list tification and reporting requirements of the the second subparagraph (B) (as added by is not yet available. following provisions of law: section 1255(b) of the Foreign Relations Au- The PRESIDING OFFICER. Without ‘‘(A) Section 516(f) of the Foreign Assist- thorization Act, Fiscal Years 1988 and 1989 objection, it is so ordered. ance Act of 1961 (22 U.S.C. 2321j(f)). (Public Law 100–204; 101 Stat. 1431)) as sub- COMMITTEE ON VETERANS AFFAIRS ‘‘(B) Section 655 of the Foreign Assistance paragraph (C); Act of 1961 (22 U.S.C. 2415). (ii) in subsection (g)(1)(A)— Mr. COONS. Mr. President, I ask ‘‘(C) Section 3(d)(3)(A) of this Act. (I) in clause (xi), by striking ‘‘; or’’ and in- unanimous consent that the Com- ‘‘(D) Section 25 of this Act. serting ‘‘, or’’; and mittee on Veterans’ Affairs be author- ‘‘(E) Section 36(b), (c), and (d) of this Act.’’. (II) in clause (xii)— ized to meet during the session of the

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.025 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6354 CONGRESSIONAL RECORD — SENATE December 4, 2014 Senate on December 4, 2014, at 10 a.m. third time, passed, and the motion to today. Because of the America Invents in room SR–418 of the Russell Senate reconsider be considered made and laid Act, the USPTO now has four satellite Office Building. upon the table with no intervening ac- offices around the country to make the The PRESIDING OFFICER. Without tion or debate. Office more accessible to inventors and objection, it is so ordered. The PRESIDING OFFICER. Without businesses. The USPTO’s pro bono pro- SELECT COMMITTEE ON INTELLIGENCE objection, it is so ordered. gram is expanding nationwide to pro- Mr. COONS. Mr. President, I ask The bill (H.R. 4812) was ordered to a vide resources to individuals who ap- unanimous consent that the Com- third reading, was read the third time, pear before the Office without counsel. mittee on Intelligence be authorized to and passed. The Patent Ombudsman for Small meet during the session of the Senate f Businesses provides patent filing sup- port and services. on December 4, 2014, at 2:30 p.m. ESTABLISHING THE LAW SCHOOL The Law School Clinic Certification The PRESIDING OFFICER. Without CLINIC CERTIFICATION PRO- Program established by this legislation objection, it is so ordered. GRAM OF THE UNITED STATES expands the USPTO’s strong efforts to f PATENT AND TRADEMARK OF- support inventors and small businesses, FICE PRIVILEGES OF THE FLOOR while training our next generation of Ms. BALDWIN. Mr. President, I ask Mr. REID. I ask unanimous consent lawyers in how this important agency unanimous consent that Theresa Har- that the Judiciary Committee be dis- operates. After 6 years of a successful rison, a fellow in the office of Senator charged from further consideration of pilot program run by the USPTO, it is SCHUMER, be granted floor privileges H.R. 5108 and the Senate proceed to its time to pass this legislation and make for the remainder of the 113th Con- immediate consideration. the program permanent. Representa- gress. The PRESIDING OFFICER. Without tive HAKEEM JEFFRIES should be con- The PRESIDING OFFICER. Without objection, it is so ordered. gratulated for his work on this bill in objection, it is so ordered. The clerk will report the bill by title. the House. I thank my fellow Senators The assistant legislative clerk read f for joining me in support of this sen- as follows: sible program and continuing our work WORLD WAR I AMERICAN VET- A bill (H.R. 5108) to establish the Law to support innovators in our home ERANS CENTENNIAL COMMEMO- School Clinic Certification Program of the States and across the Nation. RATIVE COIN ACT United States Patent and Trademark Office, Mr. REID. I ask unanimous consent and for other purposes. Mr. REID. I ask unanimous consent that the bill be read a third time, that the Senate proceed to the consid- There being no objection, the Senate passed, and the motion to reconsider be eration of H.R. 2366. proceeded to consider the bill. considered made and laid upon the The PRESIDING OFFICER. The Mr. LEAHY. Mr. President, today, table, and there be no intervening ac- clerk will report the bill by title. the Senate has acted to ensure that tion or debate. The assistant legislative clerk read law school students can gain valuable The PRESIDING OFFICER. Without as follows: experience providing legal assistance objection, it is so ordered. to inventors before the United States A bill (H.R. 2366) to require the Secretary The bill (H.R. 5108) was ordered to a of the Treasury to mint coins in commemo- Patent and Trademark Office—USPTO. third reading, was read the third time, ration of the Centennial of World War I. This legislation is a clear win-win: stu- and passed. dents will gain tangible, hands-on expe- There being no objection, the Senate rience in a vital area of the law, and in- f proceeded to consider the bill. ventors and small businesses will re- Mr. REID. Mr. President, I ask unan- PROVIDING FOR LIMITATIONS ON ceive valuable legal assistance with imous consent that the bill be read a THE FEES CHARGED TO PAS- their patent and trademark applica- third time and passed, the motion to SENGERS OF AIR CARRIERS tions. By promoting innovation and reconsider be considered made and laid helping creators turn their inventions Mr. REID. Mr. President, I ask unan- upon the table, and any statements re- into reality, the American public bene- imous consent that the Commerce lated to this bill be printed in the fits from the results. Committee be discharged from further RECORD. The USPTO plays a key role in driv- consideration of H.R. 5462, and the Sen- The PRESIDING OFFICER. Without ing the engine of our economy. Close to ate proceed to its immediate consider- objection, it is so ordered. 600,000 patent applications and 450,000 ation. The bill (H.R. 2366) was ordered to a trademark class applications are filed The PRESIDING OFFICER. Without third reading, was read the third time, with the Office each year. I am proud objection, it is so ordered. and passed. that Vermont routinely ranks among The clerk will report the bill by title. f the most innovative States that have The assistant legislative clerk read HONOR FLIGHT ACT the highest patents per capita each as follows: A bill (H.R. 5462) to amend title 49, United Mr. REID. I ask unanimous consent year. By serving America’s innovators, the USPTO helps Vermonters and citi- States Code, to provide for limitations on that the Commerce Committee be dis- the fees charged to passengers of air carriers. zens across the country build their charged from further consideration of There being no objection, the Senate H.R. 4812 and the Senate proceed to its businesses and bring their inventions to the global marketplace. proceeded to consider the bill. immediate consideration. Mr. REID. Mr. President, I further The PRESIDING OFFICER. Without Three years ago, Congress came to- gether to pass the Leahy-Smith Amer- ask unanimous consent that the bill be objection, it is so ordered. read a third time and passed and the The clerk will report the bill by title. ica Invents Act of 2011, the greatest transformation to our patent system in motion to reconsider be considered The assistant legislative clerk read made and laid upon the table with no as follows: over 60 years. We worked for 6 years to pass this legislation to bring our pat- intervening action or debate. A bill (H.R. 4812) to amend title 49, United ent system into the 21st Century. It The PRESIDING OFFICER. Without States Code, to require the Administrator of helped simplify the process for patent objection, it is so ordered. the Transportation Security Administration The bill (H.R. 5462) was ordered to a to establish a process for providing expedited approval, reduced backlogs at the and dignified passenger screening services USPTO, harmonized the U.S. patent third reading, was read the third time, for veterans traveling to visit war memorials system with the rest of the world, and and passed. built and dedicated to honor their service, improved patent quality. f and for other purposes. Importantly, the Leahy-Smith Amer- There being no objection, the Senate ica Invents Act also contained key pro- NO SOCIAL SECURITY FOR NAZIS proceeded to consider the bill. visions to help inventors when they ap- ACT Mr. REID. Mr. President, I ask unan- pear before the USPTO; something this Mr. REID. Mr. President, I ask unan- imous consent that the bill be read a law school clinic legislation builds on imous consent that the Senate proceed

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.026 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6355 to the consideration of H.R. 5739, which on Indian Affairs, with an amendment, (2) in subsection (e)(1), by striking ‘‘2 per- was received from the House and is at as follows: cent’’ and inserting ‘‘4 percent’’; and the desk. (The part of the bill intended to be (3) in subsection (f)(1), by striking ‘‘4 per- The PRESIDING OFFICER. The stricken is shown in boldface brackets cent’’ and inserting ‘‘2 percent’’. (e) AGREEMENT.—Section 10701(e) of the clerk will report the bill by title. and the part of the bill intended to be Omnibus Public Land Management Act of The assistant legislative clerk read inserted is shown in italics.) 2009 (Public Law 111–11; 123 Stat. 1400) is as follows: S. 1447 amended in paragraphs (2)(A), (2)(B), and A bill (H.R. 5739) to amend the Social Secu- Be it enacted by the Senate and House of Rep- (3)(A) by striking ‘‘and Contract’’ each place rity Act to provide for the termination of so- resentatives of the United States of America in it appears. cial security benefits for individuals who Congress assembled, Mr. REID. Mr. President, I ask unan- participated in Nazi persecution, and for SECTION 1. SHORT TITLE. imous consent that the committee-re- other purposes. This Act may be cited as the ‘‘New Mexico ported amendment be agreed to; the There being no objection, the Senate øNative American Water Settlements Tech- bill, as amended, be read a third time proceeded to consider the bill. nical Corrections Act’’.¿ and passed; the committee amendment Mr. REID. Mr. President, I ask unan- øSEC. 2. TAOS PUEBLO INDIAN WATER RIGHTS. to the title be agreed to; and the mo- imous consent that the bill be read a ø(a) TAOS PUEBLO WATER DEVELOPMENT tions to reconsider be considered made third time and passed, and the motion FUND.—Section 505(f)(1) of the Taos Pueblo and laid upon the table with no inter- to reconsider be considered made and Indian Water Rights Settlement Act (Public Law 111–291; 124 Stat. 3125) is amended by in- vening action or debate. laid upon the table with no intervening serting ‘‘, including reconstruction, replace- The PRESIDING OFFICER. Without action or debate. ment, rehabilitation, or repair,’’ after ‘‘con- objection, it is so ordered. The PRESIDING OFFICER. Without struction’’. The committee-reported amendment objection, it is so ordered. ø(b) AUTHORIZATIONS, RATIFICATIONS, CON- was agreed to. The bill (H.R. 5739) was ordered to a FIRMATIONS, AND CONDITIONS PRECEDENT.— The bill (S. 1447), as amended, was or- third reading, was read the third time, Section 509(c) of the Taos Pueblo Indian dered to be engrossed for a third read- and passed. Water Rights Settlement Act (Public Law ing, was read the third time, and 111–291; 124 Stat. 3128) is amended— passed, as follows: f ø(1) in paragraph (1)(A), strike ‘‘, for the S. 1447 NAVAL VESSEL TRANSFER ACT period of fiscal years 2011 through 2016,’’; and ø(2) in paragraph (2)(A)(i), strike ‘‘for the Be it enacted by the Senate and House of Rep- Mr. REID. Mr. President, I ask unan- period of fiscal years 2011 through 2016’’. resentatives of the United States of America in Congress assembled, imous consent that the Senate proceed øSEC. 3. AAMODT LITIGATION SETTLEMENT. SECTION 1. SHORT TITLE. to the immediate consideration of Cal- ø(a) AAMODT SETTLEMENT PUEBLOS’ This Act may be cited as the ‘‘New Mexico endar No. 247, S. 1683. FUND.—Section 615(c)(7) of the Aamodt Liti- The PRESIDING OFFICER. The gation Settlement Act (Public Law 111–291; Navajo Water Settlement Technical Correc- clerk will report the bill by title. 124 Stat. 3146) is amended— tions Act’’. The assistant legislative clerk read ø(1) in subparagraph (A)(i), by striking SEC. 2. NAVAJO WATER SETTLEMENT. (a) DEFINITIONS.—Section 10302 of the Om- as follows: ‘‘section 617(c)(1)’’ and inserting ‘‘section 617(c)(1)(A)’’; and nibus Public Land Management Act of 2009 A bill (S. 1683) to provide for the transfer of ø(2) in subparagraph (B), by striking ‘‘sec- (43 U.S.C. 407 note; Public Law 111–11) is naval vessels to certain foreign recipients, tion 617(c)(1)’’ and inserting ‘‘section amended— and for other purposes. 617(c)(1)(B)’’. (1) in paragraph (2), by striking There being no objection, the Senate ø(b) FUNDING.—Section 617 of the Aamodt ‘‘Arrellano’’ and inserting ‘‘Arellano’’; and proceeded to consider the bill. Litigation Settlement Act (Public Law 111– (2) in paragraph (27), by striking ‘‘75–185’’ Mr. REID. Mr. President, I further 291; 124 Stat. 3146) is amended— and inserting ‘‘75–184’’. (b) DELIVERY AND USE OF NAVAJO-GALLUP ask unanimous consent that the ø(1) in subsection (a)(1)(A), by striking ‘‘for the period of fiscal years 2011 through 2016,’’; WATER SUPPLY PROJECT WATER.—Section Menendez amendment, which is at the 10603(c)(2)(A) of the Omnibus Public Land desk, be agreed to; and the bill, as and ø(2) in subsection (c)(1)(A), by striking ‘‘for Management Act of 2009 (Public Law 111–11; amended, be read a third time and the period of fiscal years 2011 through 2015’’. 123 Stat. 1385) is amended— passed with no intervening action or (1) in clause (i), by striking ‘‘Article III(c)’’ øSEC. 4. NAVAJO WATER SETTLEMENT.¿ debate. and inserting ‘‘Articles III(c)’’; and Navajo Water Settlement Technical Corrections (2) in clause (ii)(II), by striking ‘‘Article The PRESIDING OFFICER. Without Act’’. objection, it is so ordered. III(c)’’ and inserting ‘‘Articles III(c)’’. SEC. 2. NAVAJO WATER SETTLEMENT. (c) PROJECT CONTRACTS.—Section 10604(f)(1) The amendment (No. 3973) in the na- (a) DEFINITIONS.—Section 10302 of the Om- of the Omnibus Public Land Management ture of a substitute was agreed to. nibus Public Land Management Act of 2009 Act of 2009 (Public Law 111–11; 123 Stat. 1391) (The amendment is printed in today’s (43 U.S.C. 407 note; Public Law 111–11) is is amended by inserting ‘‘Project’’ before RECORD under ‘‘Text of Amendments.’’) amended— ‘‘water’’. The bill (S. 1683), as amended, was or- (1) in paragraph (2), by striking (d) AUTHORIZATION OF APPROPRIATIONS.— dered to be engrossed for a third read- ‘‘Arrellano’’ and inserting ‘‘Arellano’’; and Section 10609 of the Omnibus Public Land ing, was read the third time, and (2) in paragraph (27), by striking ‘‘75–185’’ Management Act of 2009 (Public Law 111–11; and inserting ‘‘75–184’’. 123 Stat. 1395) is amended— passed. (b) DELIVERY AND USE OF NAVAJO-GALLUP (1) in paragraphs (1) and (2) of subsection f WATER SUPPLY PROJECT WATER.—Section (b), by striking ‘‘construction or rehabilita- NEW MEXICO NATIVE AMERICAN 10603(c)(2)(A) of the Omnibus Public Land tion’’ each place it appears and inserting Management Act of 2009 (Public Law 111–11; ‘‘planning, design, construction, rehabilita- WATER SETTLEMENTS TECH- 123 Stat. 1385) is amended— tion,’’; NICAL CORRECTIONS ACT (1) in clause (i), by striking ‘‘Article III(c)’’ (2) in subsection (e)(1), by striking ‘‘2 per- Mr. REID. Mr. President, I ask unan- and inserting ‘‘Articles III(c)’’; and cent’’ and inserting ‘‘4 percent’’; and imous consent that the Senate proceed (2) in clause (ii)(II), by striking ‘‘Article (3) in subsection (f)(1), by striking ‘‘4 per- to the consideration of Calendar No. III(c)’’ and inserting ‘‘Articles III(c)’’. cent’’ and inserting ‘‘2 percent’’. (c) PROJECT CONTRACTS.—Section 10604(f)(1) (e) AGREEMENT.—Section 10701(e) of the 536, S. 1447. of the Omnibus Public Land Management Omnibus Public Land Management Act of The PRESIDING OFFICER. The Act of 2009 (Public Law 111–11; 123 Stat. 1391) 2009 (Public Law 111–11; 123 Stat. 1400) is clerk will report the bill by title. is amended by inserting ‘‘Project’’ before amended in paragraphs (2)(A), (2)(B), and The assistant legislative clerk read ‘‘water’’. (3)(A) by striking ‘‘and Contract’’ each place as follows: (d) AUTHORIZATION OF APPROPRIATIONS.— it appears. A bill (S. 1447) to make technical correc- Section 10609 of the Omnibus Public Land The committee amendment to the tions to certain Native American water Management Act of 2009 (Public Law 111–11; title was agreed to, as follows: rights settlements in the State of New Mex- 123 Stat. 1395) is amended— Amend the title so as to read: ‘‘A bill ico, and for other purposes. (1) in paragraphs (1) and (2) of subsection (b), by striking ‘‘construction or rehabilita- to make technical corrections to the There being no objection, the Senate tion’’ each place it appears and inserting Navajo water rights settlement in the proceeded to consider the bill, which ‘‘planning, design, construction, rehabilita- State of New Mexico, and for other pur- had been reported from the Committee tion,’’; poses.’’.

VerDate Sep 11 2014 06:32 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.069 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S6356 CONGRESSIONAL RECORD — SENATE December 4, 2014 PROVIDING FOR THE REAPPOINT- AUTHORIZING THE USE OF A resolution (S. Res. 594) celebrating the MENT OF DAVID M. RUBENSTEIN EMANCIPATION HALL centennial year of the birth of Jan Karski AS A CITIZEN REGENT OF THE and honoring his extraordinary and coura- Mr. REID. Mr. President, I ask unan- geous life. BOARD OF REGENTS OF THE imous consent that the Senate proceed SMITHSONIAN INSTITUTION to the consideration of H. Con. Res. 120. There being no objection, the Senate Mr. REID. I ask unanimous consent The PRESIDING OFFICER. The proceeded to consider the resolution. that the Rules Committee be dis- clerk will report the concurrent resolu- Ms. MIKULSKI. Mr. President, charged from further consideration of tion by title. today, I join with my colleague, Mr. S.J. Res. 45 and the Senate proceed to The assistant legislative clerk read KIRK, in introducing a resolution hon- its consideration. as follows: oring the heroic life of Jan Karski. The PRESIDING OFFICER. Without A concurrent resolution (H. Con. Res. 120) Jan Karski was born in Lodz, Poland, objection, it is so ordered. authorizing the use of Emancipation Hall in on April 24, 1914. He began his life of The clerk will report the joint resolu- the Capitol Visitor Center for a ceremony to present the Congressional Gold Medal to the service in the Polish diplomatic service tion by title. before he enlisted in the military, serv- The assistant legislative clerk read World War II members of the Civil Air Pa- trol. ing in the Polish army when German as follows: soldiers invaded Poland in 1939. He was A joint resolution (S.J. Res. 45) providing There being no objection, the Senate proceeded to consider the concurrent subsequently captured and sent to a for the reappointment of David M. prisoner camp. Rubenstein as a citizen regent of the Board resolution. of Regents of the Smithsonian Institution. Mr. REID. Mr. President, I ask unan- In 1940, Jan Karski fled to Warsaw There being no objection, the Senate imous consent that the concurrent res- and joined the Polish underground re- proceeded to consider the joint resolu- olution be agreed to and the motion to sistance movement, where he served as tion. reconsider be considered made and laid a courier delivering messages detailing Mr. REID. I ask unanimous consent upon the table with no intervening ac- the horrific brutality of the Nazis to that the joint resolution be read a tion or debate. the Polish government-in-exile. Mr. third time and passed and the motion The PRESIDING OFFICER. Without Karski played a key role in providing to reconsider be laid upon the table objection, it is so ordered. some of the first eye witness accounts with no intervening action or debate. The concurrent resolution (H. Con. of the Holocaust to governments of The PRESIDING OFFICER. Without Res. 120) was agreed to. other nations. In July of 1943, Mr. objection, it is so ordered. f Karski came to the U.S. and met with President Roosevelt to describe the The joint resolution (S.J. Res. 45) NATIONAL FALLS PREVENTION horrors of the Nazi genocide he had was ordered to be engrossed for a third AWARENESS DAY reading, was read the third time, and witnessed. He became a U.S. citizen in Mr. REID. Mr. President, I ask unan- passed, as follows: 1954. imous consent that the Judiciary Com- Throughout his life, Jan Karski re- S.J. RES. 45 mittee be discharged from further con- mained committed to providing global Resolved by the Senate and House of Rep- sideration of S. Res. 569 and the Senate awareness of the atrocities committed resentatives of the United States of America in proceed to its consideration. Congress assembled, That, in accordance with during the Holocaust. After World War The PRESIDING OFFICER. Without section 5581 of the Revised Statutes (20 II, Mr. Karski became a student at objection, it is so ordered. U.S.C. 43), the vacancy on the Board of Re- Georgetown University, where he The clerk will report the resolution gents of the Smithsonian Institution, in the earned a Ph.D. in 1952. He went on to class other than Members of Congress, occur- by title. teach, calling on his own experiences, ring by reason of the expiration of the term The assistant legislative clerk read at Georgetown’s Edmund A. Walsh of David M. Rubenstein of Maryland on May as follows: 7, 2015, is filled by the reappointment of the School of Foreign Service for 35 years A resolution (S. Res. 569) designating Sep- until he retired in 1984. incumbent. The reappointment is for a term tember 23, 2014, as ‘‘National Falls Preven- of 6 years, beginning on May 8, 2015. tion Awareness Day’’ to raise awareness and Jan Karski has been honored on mul- f encourage the prevention of falls among tiple occasions for his courageous ef- older adults. forts to open the world’s eyes to the CONFERRING HONORARY CITIZEN- There being no objection, the Senate atrocities of the Holocaust. In 2012, SHIP ON BERNARDO DE GALVEZ proceeded to consider the resolution. President Barack Obama posthumously Y MADRID, VISCOUNT OF GAL- Mr. REID. Mr. President, I ask unan- awarded him the Presidential Medal of VESTON AND COUNT OF GALVEZ imous consent that the resolution be Freedom, and more recently, the Par- Mr. REID. I ask unanimous consent agreed to, the preamble be agreed to, liament of the Republic of Poland des- that the Senate proceed to the consid- and the motions to reconsider be con- ignated 2014 as ‘‘The Year of Jan eration of H.J. Res. 105. sidered made and laid upon the table Karski.’’ The PRESIDING OFFICER. The with no intervening action or debate. One hundred years after his birth, I clerk will report the joint resolution The PRESIDING OFFICER. Without ask my colleagues to join me in hon- by title. objection, it is so ordered. oring the courageous life and lasting The assistant legislative clerk read The resolution (S. Res. 569) was legacy of Mr. Karski, a truly honorable as follows: agreed to. Polish American, by celebrating the A joint resolution (H.J. Res. 105) conferring The preamble was agreed to. centennial year of Jan Karski’s birth. honorary citizenship on Bernardo de Galvez (The resolution, with its preamble, is Mr. REID. Mr. President, I ask unan- y Madrid, Viscount of Galveston and Count printed in the RECORD of September 18, of Galvez. 2014, under ‘‘Submitted Resolutions.’’) imous consent that the resolution be agreed to, the preamble be agreed to, There being no objection, the Senate f proceeded to consider the joint resolu- and the motions to reconsider be con- tion. CELEBRATING THE CENTENNIAL sidered made and laid upon the table Mr. REID. I ask unanimous consent YEAR OF THE BIRTH OF JAN with no intervening action or debate. that the joint resolution be read a KARSKI The PRESIDING OFFICER. Without third time and passed and the motion Mr. REID. Mr. President, I ask unan- objection, it is so ordered. to reconsider be considered made and imous consent that the Senate proceed The resolution (S. Res. 594) was laid upon the table. to the consideration of S. Res. 594. agreed to. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The objection, it is so ordered. clerk will report the resolution by The preamble was agreed to. The joint resolution (H.J. Res. 105) title. (The resolution, with its preamble, is was ordered to a third reading, was The assistant legislative clerk read printed in today’s RECORD under ‘‘Sub- read the third time, and passed. as follows: mitted Resolutions.’’)

VerDate Sep 11 2014 04:57 Dec 05, 2014 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.089 S04DEPT1 rfrederick on DSK6VPTVN1PROD with SENATE December 4, 2014 CONGRESSIONAL RECORD — SENATE S6357 APPOINTMENTS and pledge, the morning hour be For the information of all Senators, The PRESIDING OFFICER. The deemed expired, the Journal of pro- there will be three rollcall votes at 5:30 Chair announces, on behalf of the ma- ceedings be approved to date, and the p.m. on Monday, December 8, 2014, on jority leader, pursuant to the provi- time for the two leaders be reserved for confirmation of the Baran, McFerran, sions of Public Law 95–277, as amended their use later in the day; that fol- and Williams nominations. by the appropriate provisions of Public lowing any leader remarks, the Senate Law 102–246, and in consultation with proceed to a period of morning business f the Republican leader, the reappoint- for debate only until 5:30 p.m., as pro- ADJOURNMENT UNTIL MONDAY, ment of the following individual to vided for under the previous order. The PRESIDING OFFICER. Without DECEMBER 8, 2014, AT 2 P.M. serve as a member of the Library of objection, it is so ordered. Congress Trust Fund Board for a five- Mr. REID. If there is no further busi- year term: Tom Girardi of California. f ness to come before the Senate, I ask The Chair announces, on behalf of PROGRAM unanimous consent that it adjourn the majority leader, pursuant to the Mr. REID. Mr. President, we have under the previous order. provisions of Public Law 106–398, as been able, with the cooperation of the There being no objection, the Senate, amended by Public Law 108–7, and in Republicans and everyone in this body, at 7:24 p.m., adjourned until Monday, consultation with the chairmen of the to work as if we were in tonight, to- December 8, 2014, at 2 p.m. Senate Committee on Armed Services morrow, Saturday, and Sunday. We f and the Senate Committee on Finance, would have used all that time that is the reappointment of the following in- allowed under the rules and we will end CONFIRMATIONS dividual to serve as a member of the at the same place we are going to wind United States-China Economic Secu- up on Monday. Executive nominations confirmed by rity Review Commission: Katherine But I alert everyone that next week the Senate December 4, 2014: Tobin of Virginia for a term beginning could be a long, long week, spilling DEPARTMENT OF ENERGY January 1, 2015 and expiring December into the next week. We have certain FRANKLIN M. ORR, JR., OF CALIFORNIA, TO BE UNDER 31, 2016. imperative things we have to do. Ev- SECRETARY FOR SCIENCE, DEPARTMENT OF ENERGY. JOSEPH S. HEZIR, OF VIRGINIA, TO BE CHIEF FINAN- f eryone knows we have to do a spending CIAL OFFICER, DEPARTMENT OF ENERGY. bill. Everyone knows we have to do a THE JUDICIARY ORDERS FOR MONDAY, DECEMBER defense bill. Everyone knows we are 8, 2014 LYDIA KAY GRIGGSBY, OF MARYLAND, TO BE A JUDGE trying to do some tax extenders. We OF THE UNITED STATES COURT OF FEDERAL CLAIMS Mr. REID. Mr. President, I ask unan- hope we can do that, but we will see, FOR A TERM OF FIFTEEN YEARS. imous consent that when the Senate GREGORY N. STIVERS, OF KENTUCKY, TO BE UNITED and there are other things we need to STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT completes its business today, it ad- do. So everyone should be prepared. OF KENTUCKY. journ until 2 p.m. on Monday, Decem- JOSEPH F. LEESON, JR., OF PENNSYLVANIA, TO BE Next week isn’t going to be as easy as UNITED STATES DISTRICT JUDGE FOR THE EASTERN ber 8, 2014; that following the prayer this weekend is. DISTRICT OF PENNSYLVANIA.

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