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

Vol. 159 WASHINGTON, TUESDAY, DECEMBER 17, 2013 No. 179 House of Representatives The House was not in session today. Its next meeting will be held on Thursday, December 19, 2013, at 11 a.m. Senate TUESDAY, DECEMBER 17, 2013

The Senate met at 9 a.m. and was edge, thank You for coming to our spiritual wisdom and understanding, called to order by the President pro world with the gift of salvation. We leading lives worthy of You as they tempore (Mr. LEAHY.) praise You for forgiving our sins and strive to please You. Infuse them with canceling the penalty which stood PRAYER the spirit of Your peace and grace so against us. that there will be peace on Earth and The Chaplain, Dr. Barry C. Black, of- fered the following prayer: Help our Senators to be peacemakers good will to humankind. Let us pray. as they move toward the finish line of We pray in Your majestic Name. God of peace, in whom are hidden all another year. Lord, may they be filled Amen. the treasures of wisdom and knowl- with the knowledge of Your will in all

NOTICE If the 113th Congress, 1st Session, adjourns sine die on or before December 24, 2013, a final issue of the Congres- sional Record for the 113th Congress, 1st Session, will be published on Tuesday, December 31, 2013, to permit Members to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Monday, December 30. The final issue will be dated Tuesday, December 31, 2013, and will be delivered on Thursday, January 2, 2014. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster/secretary/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

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S8869

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VerDate Mar 15 2010 00:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0637 Sfmt 8633 E:\CR\FM\A17DE6.000 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8870 CONGRESSIONAL RECORD — SENATE December 17, 2013 PLEDGE OF ALLEGIANCE pects of the budget that Members do $124,000 for the typical retiree officer— The President pro tempore led the not like, that we are not overly de- the only thing standing in the way is Pledge of Allegiance, as follows: lighted with. We realized from the out- this vote at 10 a.m. on cloture. set that there would be compromises Forty-one of us could say to the Sen- I pledge allegiance to the Flag of the ate: Hold on a minute. We know we United States of America, and to the Repub- and unpleasant decisions that had to be lic for which it stands, one nation under God, made because when you find additional have a problem. We know we have an indivisible, with liberty and justice for all. revenues, when you cut programs that $80 billion package. But there is $6 bil- are popular, it hurts and it is uncom- lion of it here that is unfair to military f fortable. So I appreciate the fact that retirees. We can do better than that. RECOGNITION OF THE MAJORITY Senator MURRAY and Representative There are amendments we would like LEADER RYAN have made tough decisions. Ap- to offer. There are amendments Sen- parently, the House of Representatives ator GRAHAM would like to offer. There The PRESIDENT pro tempore. The on a bipartisan basis has agreed to go is an amendment by Senator AYOTTE, majority leader is recognized. along. But my objection that moves me the distinguished Senator from New f from ‘‘undecided’’ to a ‘‘no’’ is what Hampshire, that would eliminate this broken promise to our military retirees WORKFORCE INVESTMENT ACT OF the budget does to current and mili- and pay for it with other savings else- 2013—MOTION TO PROCEED—Re- tary retirees and the fact that it where, savings that have already been sumed breaks a promise that has been made to military retirees for years and endorsed as good government and are Mr. REID. Mr. President, I move to years. It does so retroactively, unlike simply a matter of tightening up the proceed to Calendar No. 243. what it does to Federal employees, un- enforcement of laws that are already The PRESIDENT pro tempore. The like what this Congress directed on an there. clerk will report the motion. earlier occasion when establishing a We can find, my colleagues, $6 billion The assistant legislative clerk read commission to look into retirement. elsewhere without breaking a promise as follows: to people who during the time of a What it does to military retirees under global war on terror have stood for- Motion to proceed to Calendar No. 243, S. the age of 62, instead of receiving the 1356, a bill to amend the Workforce Invest- ward, donned the uniform of the United same cost-of-living adjustment every- ment Act of 1998 to strengthen the United States of America, and volunteered one else would be receiving, it cuts States workforce development system time and time again to re-up, to go their COLA back to COLA less 1 per- through innovation in, and alignment and overseas, place themselves in harm’s cent. improvement of, employment, training, and way, and embark on a career in the education programs in the United States, Why do we have a cost-of-living ad- U.S. military. We can pass a budget and to promote individual and national eco- justment in the first place? The cost- that accomplishes the goals of Murray- nomic growth, and for other purposes. of-living adjustment is designed to pro- Ryan without breaking this promise. I SCHEDULE tect the purchasing power of a pension. so hope we will. But this is the time. So when a young man or young woman Mr. REID. Mr. President, at 10 a.m. Forty-seven minutes from now is the joined the military, say, 20 years ago there will be a rollcall vote on the mo- opportunity we will have. After that, it at age 22, for example, they served for tion to invoke cloture on the motion to is a simple majority. The deal will be 20 years at least and they were entitled concur in the House message to accom- done. The news accounts say that the to a pension under the law. That was pany H.J. Res 59, the budget resolution. debate is over, that the votes are al- the deal. We agreed also that once that Mr. REID. Mr. President, I suggest ready in. the absence of a quorum pension was received and was in place, I would hope that somewhere some- The PRESIDING OFFICER (Mr. we would protect that pension against one within the sound of my voice is re- MANCHIN). The clerk will call the roll. inflation each year by a cost-of-living alizing this is just another example of The legislative clerk proceeded to adjustment. It is simply fair. It pro- the government breaking its word. call the roll. tects the purchasing power and the real When we do this, when we tell false- Mr. WICKER. Mr. President, I ask ability of that pension to protect and hoods and change our minds and unanimous consent that the order for support the retired military person and change our positions to the American the quorum call be rescinded. that person’s family. people over and over again, what does The PRESIDING OFFICER. Without What this budget does is it goes back that do to the confidence the American objection, it is so ordered. on that promise. It says to people who people should have in their government have completed their service, who have RESERVATION OF LEADER TIME and the confidence in their elected offi- completed the full 20 years of their bar- The PRESIDING OFFICER. Under cials to do what we promised to do and gain: You may have done what we to fulfil our side of the agreement? the previous order, the leadership time asked you to do, but now the govern- is reserved. I implore my colleagues even at this ment is not going to do what we told late hour to take a pause, perhaps ask BUDGET RESOLUTION you we would do. We are not going to the committee, the conference com- Mr. WICKER. Mr. President, it is my protect the purchasing power of your mittee which I was a member of and understanding that at 10 a.m. the Sen- pension. In the first year, we are going which was not consulted, to take an- ate will proceed to a cloture vote on to cut that cost-of-living back 1 per- other look, find the $6 billion in sav- the proposed budget. It has already cent. The next year, whatever cost-of- ings elsewhere, and fulfill our promise been passed by the House of Represent- living there is out there, you get that to the American people. atives. The cloture vote will take 60 less 1 percent. One other point before I yield back. I Senators. If those 60 votes are in favor, It adds up over time. I think Mem- wish to point out that a commission we would then move to a period of de- bers have been astonished to learn that was established last year by Congress bate—pro forma debate, actually, be- an E–7 retiring at age 40 today; that is, entitled the Military Compensation cause the question would already have an enlisted person, would experience a and Retirement Modernization Com- been decided. If Members do not favor loss of $83,000 in purchasing power over mission. The purpose of this commis- this budget, the time to register that the course of the 22 years that pen- sion is to provide us with a comprehen- opposition is this morning. At 10 a.m. sioner would experience between ages sive list of ways to make meaningful is the last chance to say no to this pro- 40 and 62—$83,000 in broken promises to reforms to military pay and benefits. posal and simply send it back to the our military retirees. An O–5 would Members should remember that we negotiators and ask them to do a bet- lose some $124,000 lifetime with this specifically told this commission it ter job. budget agreement. could recommend any option as long as I rise this morning to reiterate my It is on the verge of being adopted. it grandfathered in those who cur- strong opposition to the House-passed The only thing that stands in the way rently serve and those who are cur- budget, to the Murray-Ryan budget. I between our military retirees and this rently retired. That was the sense of do so for one specific reason. I would broken promise amounting to $83,000 the Senate, and that was the sense of first interject that there are many as- for the typical enlisted person and the Congress last year.

VerDate Mar 15 2010 00:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.001 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8871 This is one reason why military re- cant. We have used it three separate represented was to end the uncertainty tirees are so surprised by this rever- times successfully to block tax-and- and start rebuilding some trust. We sal—so surprised that we would be on spend legislation within the last year weren’t going to spend the next 8 the brink of changing the rules in the or so and help us stay with the com- weeks sniping at each other from our middle of the game—because we spe- mitment we made to the American peo- partisan corners, we were not going to cifically said, only last year, that we ple to keep spending at an agreed-upon use what was said in the room to would not do such a thing. I hope we level. launch political attacks on the other, will honor that promise, and there is So, colleagues, there are a lot of and we weren’t going to try to tackle yet time for the Senate to do so. problems with this bill. But the only the larger challenges we both know are For this reason, I strongly urge a way to fix it would be to say to Senator critical but aren’t going to be solved ‘‘no’’ vote on the cloture vote which REID and the Democratic leadership in right now. So we focused on what was will begin shortly. the Senate: Let’s slow down, let’s give attainable. We worked together to find I suggest the absence of a quorum. Senators a chance to have actual common ground, and we looked for The PRESIDING OFFICER (Mr. amendments, and let’s fix some of the ways we could compromise and take KING). The clerk will call the roll. problems. There is plenty of time to fix some steps toward the other. We both The assistant legislative clerk pro- those problems, send the bill back to thought the least we should be able to ceeded to call the roll. the House, and be able to pass it before do is to find a way to replace some of Mr. SESSIONS. Mr. President, I ask the deadline of January 15. the across-the-board cuts from seques- unanimous consent that the order for I yield the floor. tration and agree on a spending level the quorum call be rescinded. The PRESIDING OFFICER. The Sen- for the short term so we could avoid The PRESIDING OFFICER. Without ator from Washington. another crisis. objection, it is so ordered. Mrs. MURRAY. Mr. President, I know some of our colleagues want Mrs. MURRAY. Mr. President, before through the past few years in Congress to keep the sequester caps. But Demo- the Senator speaks—I have the last 10 we have lurched from one budget crisis crats and many Republicans believe it minutes before the vote—so I ask unan- to another, from one fiscal cliff to the makes sense to replace these meat-ax imous consent the Senator get 2 min- next. When one countdown clock cuts with smarter and more balanced utes and then I be recognized. stopped, it wasn’t too long before the savings. The PRESIDING OFFICER. Without next one got started. We spent 7 weeks working on this. I objection, it is so ordered. The uncertainty was devastating to worked very closely with the House Mr. SESSIONS. Mr. President, the our very fragile economic recovery. Budget Committee’s ranking member budget conference didn’t meet. We The constant crisis cost us billions of CHRIS VAN HOLLEN as well as my col- didn’t produce a budget in conference. dollars in lost growth and jobs, and the leagues in the Senate on and off the Our conferees did not vote. The two continued across-the-board cuts from Budget Committee, and I am very leaders of the conference, Senator sequestration were hurting our fami- proud that last week Chairman RYAN and I reached an agreement on the bi- MURRAY and Congressman RYAN, pre- lies and our communities and cutting partisan Budget Act of 2013. pared the legislation now before us off critical investments in economic This bill passed the House of Rep- which has a number of problems, in my growth and national security pro- resentatives Thursday on a vote of 332 opinion. To skip the conference and grams. to 94, with overwhelming support from create this legislation instead is not After the completely unnecessary Democrats and Republicans. I come to government shutdown and debt limit the right way to have conducted this the floor to urge my colleagues to sup- crisis just 2 months ago, the American process. port this bill in the Senate and send it But the question is, Should we ad- people were more disgusted than ever to the President so it can be signed vance with this legislation or does it at the gridlock and the dysfunction. into law. need to be improved? I believe it can be They were sick of partisanship, sick of The bipartisan Budget Act puts jobs improved, I believe it should be im- showboating and saber rattling. They and economic growth first by rolling proved, and I believe legislation of this were tired of turning on their tele- back sequestration’s harmful cuts to size and scope should be carefully con- visions at night and seeing elected offi- education, medical research, infra- sidered. Since this bill actually amends cials saying: It is my way or the high- structure investments, and defense jobs the Budget Control Act of the United way, and they had no more patience for for the next 2 years. If we didn’t get a States, which has successfully con- politicians holding the economy and deal, we would have faced another con- tained the growth and spending for a the Federal Government hostage to ex- tinuing resolution that would have couple of years the Budget Control Act tract concessions or score political locked in the automatic cuts or, worse, ought not to be altered without more points. a potential government shutdown in care and thought. So when the government was finally just a few short weeks. I suggest the right vote today would reopened and the debt limit crisis Over the past year, I have heard from be to vote against cloture and say to averted, people across the country were so many people across my home State the leadership and Senator REID that hoping Democrats and Republicans of Washington who have told me se- we want to have amendments on this could finally get in a room, make some questration has hurt their families, legislation. compromises, and take a step away businesses, and communities—from the If this legislation goes forward, we from the constant crises. That is why I parents of children whose Head Start are about to have a significant reduc- was so glad that part of that crisis-end- Programs were shut down and seniors tion in the retirement benefits of dis- ing deal was creating the budget con- wondering whether Meals On Wheels abled military personnel, people who ference that many of us on both sides would continue, the scientists and doc- have served 20 years in the U.S. mili- of the aisle had been trying to start tors whose investments in cutting-edge tary. The pay is going to be cut as since the Senate and House passed our research and medical cures were cut off much as $70,000 for a staff sergeant budgets 7 months earlier. or threatened, the construction work- over their lifetime. We need to think The budget conference began at a ers who lost their jobs when projects about that. time when distress between Democrats were put on hold, small business own- This legislation, amazingly and dis- and Republicans could not have been ers whose revenues were declining due appointingly, has altered the ability of higher. We had just 2 months to get a to the cuts and uncertainty, and so this Senate to block increases in spend- deal to avoid lurching toward another many more. For them, the cuts from ing. We have a budget point of order crisis, and most people assumed there sequestration were senseless. They today which allows an objection to be was no way the divide could be bridged. were real, they were hurting, and they raised to require 60 votes in order to But Chairman RYAN and I got together were only going to get worse. So I am spend more than we agreed to spend. and we started talking and we decided very proud that our bill replaces al- This legislation takes that away. Per- that instead of trying to solve every- most two-thirds of this year’s seques- haps the House didn’t understand the thing at once, the most important ter cuts to domestic discretionary in- significance of it, but it is very signifi- thing we could do for the families we vestments.

VerDate Mar 15 2010 00:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.003 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8872 CONGRESSIONAL RECORD — SENATE December 17, 2013 This will not solve every problem se- the kind of Medicare and Social Secu- Blumenthal, Tom Udall, Debbie Stabe- questration has caused, but it is a step rity benefit cuts they have advocated now, Sheldon Whitehouse, Claire in the right direction and a dramatic in the past, but I fought hard to keep McCaskill, Mazie K. Hirono, Chris- improvement over the status quo. them out. topher A. Coons, Jon Tester, Brian Schatz, Martin Heinrich, Joe Donnelly, Over the past year I have talked to This deal is a compromise. It doesn’t Heidi Heitkamp, Kirsten E. Gillibrand. workers at Joint Base Lewis-McChord tackle every one of the challenges we The PRESIDING OFFICER. By unan- and Fairchild Air Force Base and else- face as a nation, but that was never our imous consent, the mandatory quorum where who have been very much im- goal. This bipartisan bill takes the call has been waived. pacted by the sequestration and very first steps toward rebuilding our bro- The question is, Is it the sense of the worried about how another round of ken budget process and hopefully to- Senate that debate on the motion to cuts would affect their jobs and fami- ward rebuilding our broken Congress. concur in the House amendment to the We have spent far too long here lies. I have heard from military leaders Senate amendment to H.J. Res. 59, scrambling to fix artificial crises in- who told me sequestration would im- making continuing appropriations for stead of working together to solve the pact our national security if it contin- fiscal year 2014, shall be brought to a big problems we all know we need to ued and from companies that do busi- close? ness with the Defense Department that address. We have budget deficits that The yeas and nays are mandatory the uncertainty and the cuts were have improved but have not dis- under the rule. hurting their ability to hire workers appeared, and we have deficits in edu- The clerk will call the roll. and invest in future growth. So I am cation, innovation, and infrastructure The legislative clerk called the roll. very glad this bill will prevent the up- that continue to widen. There is so The yeas and nays resulted—yeas 67, coming round of defense sequestration much more we need to do to create nays 33, as follows: and provide some certainty to the Pen- jobs, boost our economy, replace the [Rollcall Vote No. 279 Leg.] tagon for the upcoming years. remaining years of sequestration, and YEAS—67 Secretary of Defense Hagel and tackle our long-term fiscal challenges Alexander Hagan Murkowski Chairman of the Joint Chiefs of Staff fairly and responsibly. Baldwin Harkin Murphy Dempsey have both expressed support I am hopeful that this deal can be Baucus Hatch Murray for this bill, as have a number of col- just the first of many bipartisan deals, Begich Heinrich Nelson Bennet Heitkamp leagues in Congress who have spent the that it can rebuild some of the trust, Portman Blumenthal Hirono Pryor last few years highlighting the impact bring Democrats and Republicans to- Blunt Hoeven Reed of continued sequestration on national gether, and demonstrate that govern- Booker Isakson Reid Boxer Johnson (SD) Rockefeller security and defense workers. ment can work for the people we all Brown Johnson (WI) Sanders The increased investments we get represent. Cantwell Kaine I urge my colleagues to support the Cardin King Schatz from rolling back sequestration over Schumer the next 2 years are fully replaced with bipartisan Budget Act of 2013. Carper Klobuchar Casey Landrieu Shaheen YAN a smarter, balanced mix of new revenue I thank Chairman R for his work Chambliss Leahy Stabenow and more responsible spending cuts. with me over the last several months. Collins Levin Tester Experts and economists have said the I thank a number of Members who have Coons Manchin Udall (CO) worked very closely with us, including Donnelly Markey Udall (NM) responsible thing to do is increase in- Durbin McCain Warner vestments now while our economic re- Ranking Member VAN HOLLEN and Feinstein McCaskill Warren covery remains fragile and workers are every Member of our Budget Com- Flake Menendez Whitehouse still fighting to get back on the job, mittee here in the Senate who worked Franken Merkley Wyden Gillibrand Mikulski while tackling our deficit and debt hard to pass a budget, start a con- over the long run. This bill moves us in ference, and get a bipartisan deal. NAYS—33 the direction of exactly that. When we come back next year, I will Ayotte Enzi Paul We have cut our deficit in half over be ready to get to work with Chairman Barrasso Fischer Risch Boozman Graham Roberts the past few years, and this bill adds to RYAN or anyone else from either side of Burr Grassley Rubio the $2.5 trillion in deficit reduction this aisle who wants to build on this bi- Coats Heller Scott done since 2011 with an additional $23 partisan foundation to continue ad- Coburn Inhofe Sessions dressing our Nation’s challenges fairly Cochran Johanns Shelby billion in savings over the next 10 Corker Kirk Thune years. and responsibly. It is not going to be Cornyn Lee Toomey This bill is not exactly what I would easy, but the American people are ex- Crapo McConnell Vitter have written on my own. I am pretty pecting nothing less. Cruz Moran Wicker sure it is not what Chairman RYAN f The PRESIDING OFFICER. On this vote, the yeas are 67 and the nays are would have written on his own. CLOTURE MOTION Mr. President, I ask unanimous con- 33. Three-fifths of the Senators duly sent for 3 additional minutes. Mrs. MURRAY. Mr. President, I ask chosen and sworn having voted in the The PRESIDING OFFICER (Mr. unanimous consent that the manda- affirmative, the motion is agreed to. BOOKER). Is there objection? Without tory quorum required under rule XXII f objection, it is so ordered. be waived with respect to the cloture MAKING CONTINUING APPROPRIA- Mrs. MURRAY. This bill is a com- motion relative to H.J. Res. 59. TIONS FOR FISCAL YEAR 2014— promise, and that means neither side The PRESIDING OFFICER. Is there Resumed got everything they wanted and both of objection? us had to give a bit. Without objection, it is so ordered. The PRESIDING OFFICER. The I was very disappointed we were not The cloture motion having been pre- Chair lays before the Senate a message able to close a single wasteful tax loop- sented under rule XXII, the Chair di- from the House which the clerk will re- hole that benefits the wealthiest Amer- rects the clerk to read the motion to port. icans and biggest corporations. I had invoke cloture. The legislative clerk read as follows: hoped to extend critical support for The assistant legislative clerk read Resolved, that the House recede from its workers who are fighting to get back as follows: amendment to the amendment of the Senate on the job. I was very disappointed CLOTURE MOTION to the resolution (H.J. Res. 59) entitled, ‘‘A joint resolution making continuing appro- We, the undersigned Senators, in accord- that Republicans refused to allow that priations for fiscal year 2014, and for other ance with the provisions of rule XXII of the to be part of this deal. I certainly purposes,’’ and concur with a House amend- Standing Rules of the Senate, hereby move would have liked to have replaced more ment to the Senate amendment. to bring to a close debate on the motion to of sequestration. I know it was difficult concur in the House amendment to the Sen- Pending: for many Republicans to accept any in- ate amendment to H.J. Res. 59, the Bipar- Reid motion to concur in the amendment creases in the BCA caps at all. tisan Budget Act. of the House to the amendment of the Senate I know many Republicans had hoped Harry Reid, Patty Murray, Max Baucus, to the joint resolution, with Reid amend- this would be an opportunity to make Mark Begich, Barbara Boxer, Richard ment No. 2547, to change the enactment date.

VerDate Mar 15 2010 00:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.005 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8873 Reid amendment No. 2548 (to amendment have the opportunity to enact prior- On that, I would like to see us enact No. 2547), of a perfecting nature. ities that are important today, recog- a long-term budget agreement. We talk Reid motion to refer the message of the nizing that some of the past spending frequently about the fact that one of House on the joint resolution to Committee is not necessary and there are other the most damaging parts to our inac- on the Budget, with instructions, Reid amendment No. 2549, to change the enact- areas that we need now to adopt, con- tion is uncertainty. When businesses ment date. sidering the changes in our own com- have to make decisions and individuals Reid amendment No. 2550 (to (the instruc- munities and considering the inter- have to make decisions, the uncer- tions of the motion to refer) amendment No. national changes. tainty of our Federal budget causes 2549), of a perfecting nature. It allows us to operate without the them harm, extra costs, anxiety. We Reid amendment No. 2551 (to amendment fear of a government shutdown. Before need a long-term budget agreement, No. 2550), of a perfecting nature. I said a fear of a government shutdown the so-called grand bargain. Yes, we The PRESIDING OFFICER. Cloture because we thought we would not see a will get an agreement for these 2 years, having been invoked on the motion to government shutdown, but as we know, but it does not take us beyond that. We concur in the House amendment to the in October we saw a government shut- all understand we need a responsible Senate amendment, the motion to refer down, and we saw people who were budget, one that deals with the invest- falls as it is inconsistent with cloture. hurt, and we saw our economy that was ments that are important for job The Senator from Maryland. hurt as a result of that shutdown. Now growth, but also reduces the budget this budget agreement gives us the op- Mr. CARDIN. Mr. President, am I deficit. portunity to use regular order so we correct we are in postcloture time I know Chairman MURRAY has men- now? can pass appropriations bills or an om- tioned this frequently, but let me just The PRESIDING OFFICER. The Sen- nibus bill that sets current priorities. repeat this. During the past 2 years, we ator is correct. It allows us to do that without the fear have reduced the deficit by $2.8 trillion. Mr. CARDIN. Mr. President, I take of closing government, which is ineffi- We have done a good job in reining in cient, costly, and harms our economy this time to talk about the budget the Federal deficit. That is over the pe- and people. agreement that was negotiated by Sen- riod of fiscal years 2014 to 2023, and ator MURRAY and Congressman RYAN The framework that was adopted in this budget agreement allows us to pro- that is before sequestration. and the work they did, but I first wish So when you go back to Simpson- tect our Nation’s seniors, disabled chil- to relate to my colleagues conversa- Bowles and the amount of deficit re- dren, and the disadvantaged. The re- tions I had with numerous Marylanders duction we were trying to get, we are sources can be made available to deal over this past weekend—people I didn’t about three-fourths of the way there in with our most vulnerable to allow us to know who came up to me and said how reducing the deficit. Yes, we have to do move forward as a nation, and it shows pleased they were that Congress was on more. We have to continue to reduce we can work together. the verge of getting something done— the deficit. But let us acknowledge something that will make a difference So I strongly support this budget agreement. I do so but I want to ex- that we have done a pretty good job in in our budget over the next 2 years. reining in the Federal deficit, and I ap- They were pleased that Democrats and press my disappointments. I am sure that every Member of the Senate will plaud the Chair of the Budget Com- Republicans were actually able to have disappointments. But I am con- mittee for her leadership in that re- reach a compromise and that we were cerned about what is included in this gard. actually able to get our business done budget agreement and what is not in- We also must allow for critical in- in some regular order. They were hope- cluded, and I want to spend a few min- vestment for job growth. We are in a ful that it would not only make a dif- utes talking about it. global economy today. We have to in- ference in the budget of our Nation this I am disappointed that this is a 2- vest in modernization. We need new in- year and next, but that it was a sign year agreement, that it does not com- vestments in energy in this country. that Democrats and Republicans were pletely remove sequestration. I think We need transportation investments, prepared to work together to do the all of us would acknowledge that se- not just in roads and bridges, but in people’s business. They were pleased questration is something we do not transit systems. We need to invest in this was truly bipartisan—a real com- want to see in effect because it is mind- education. Education is the great promise—something we haven’t seen less across-the-board cuts. It does not equalizer in America. We are in a glob- enough of in this Congress. set priorities. We are responsible to set al competition. We know we are behind The American people understand priorities. If you ran into a problem in the STEM fields of science, tech- that the Congress is controlled—the with your own home budget in your nology, engineering, and math. We House by Republicans and the Senate family, if you lost some income, you have passed legislation to try to catch by Democrats. They understand that. would not cut every expenditure item up. We have to fund those initiatives. What they do not understand is how we identically. You would make decisions. The Federal Government has to be an have not been able to get together and You would make sure your family had active partner in education. compromise on our differences in order a roof over them. You would make sure I can mention many agencies, but I to move forward on the important they had food on the table. Maybe you always like to mention the National issues of our time. They are very en- would postpone a weekend trip. You do Institutes of Health, which happens to couraged by this action. not treat every expenditure the same. be headquartered in my State of Mary- So I intend to support the final vote Sequestration treats every expenditure land. It is very important to New Jer- on the budget agreement, and I hope the same. sey, the Presiding Officer’s State, and my colleagues will support this agree- The good news in this budget agree- very important to every part of our ment. It provides the framework for ment—the good news—we do not worry country. Why? Because they do the appropriations bills for the next 2 years about that for the next 2 years. The basic research which is the building without sequestration. That is regular bad news: It returns after 2 years. I block for the type of technology order. The appropriations committees know Senator MURRAY has worked very growth which is critically important in can now meet and decide the policy of hard to get rid of sequestration. I know America. our country through the appropriations she is going to continue to work on We have the best trained people here bills as to where we believe priorities that as the chair of the Budget Com- in America. We need to invest in the should be on Federal resources. mittee and, as I said earlier, I applaud basic research so we can continue to It allows us to operate, hopefully, her greatly for being able to reach an lead the world. Yes, the budget for NIH without a continuing resolution. The agreement with the Republicans, par- has not been as strong as it needs to be. number of continuing resolutions that ticularly in the House. But I would We have to invest more money in that. we have passed indicate a failure be- hope we could get rid of sequestration There are many reasons we need a cause when we pass a continuing reso- once and for all. Unfortunately, this long-term budget agreement. We need lution, we do not adopt the priorities budget agreement does not do it. It is it for predictability, so we do not gov- for the current time. Instead, we just for only 2 years. I would have liked to ern from one manufactured crisis to freeze in prior years’ priorities. We now see a long-term budget agreement. another manufactured crisis. But we

VerDate Mar 15 2010 00:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.007 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8874 CONGRESSIONAL RECORD — SENATE December 17, 2013 also need it so we can invest in critical Federal budget by reforming our Tax contribution to the deficit. They have investments for job growth in America. Code. There has been some great work already done that. So they have con- That is another reason why I hope we done in the Senate Finance Committee tributed already about $120 billion- are able to build on this 2-year agree- I am privileged to serve on—Democrats plus, and that does not include—does ment for a longer-term budget agree- and Republicans taking a look at our not include—the fact that many of our ment. Code to see ways we can make more Federal workforce have had to endure We also need to protect the safety sense out of our Tax Code. We can do furloughs as a result of sequestration nets as we do that. We need a balance things about it. and government shutdowns. here, and those who are most vulner- Let me just remind my colleagues So our Federal workforce has con- able need to be assured their govern- that we spend more money in the Tax tributed. These are predominantly mid- ment is on their side to help them, Code than we do through all the appro- dle class families, a large number of whether they are our seniors, whether priations bills. We spend more in our veterans, a large number of women, a they are people with disabilities, Tax Code. Over $1 trillion a year is large number of minorities. They have whether it is young people who need an spent in our Tax Code. These are tax contributed more than any other group opportunity to be able to take advan- breaks that go to some but not all tax- of working Americans already in deal- tage of the opportunities in America. payers. ing with this deficit reduction, and I We need to enhance the protection of So there is no need to raise rates. All find it very regrettable that this retire- our environment for future generations we need to do is close loopholes and be ment contribution provision was in- and have an energy policy that makes more critical of how we spend our cluded in the budget agreement. sense not only for America’s security money in the Tax Code, as we do on the Let me just quote, if I might, from and environment but also for our econ- appropriations side. Every dollar we the nonprofit Partnership for Public omy. spend on the appropriations side is Service that commented to Senator So a balanced agreement for a long- scrutinized all the time. We need to do MURRAY and Representative RYAN dur- term budget, which is not in this agree- the same on the tax side. Quite frank- ing the budget negotiations. I quote ment, would give us that predict- ly, Senator BAUCUS and Senator HATCH this for what they say because I think ability, would give us that ability to have worked out a way that the mem- it expresses my view and I hope the move forward. To do that we need to bers of the Finance Committee can view of all the Members of the Senate: deal with mandatory spending. This take a look at some of those. I think As you work to put our federal government budget agreement deals with discre- we can reach some agreements on areas on a sustainable fiscal path, we encourage tionary spending. It does not deal with of the Tax Code that are not high pri- you in the strongest possible terms to treat mandatory spending. orities that can reduce the revenue the federal workforce as the considerable We have taken steps to move in this hemorrhaging we have. Put another asset that it is, and ensure it is appro- direction. The passage of the Afford- way, if we eliminated all the tax priately trained, compensated and resourced able Care Act puts in place a manner in to serve the American people with excellence breaks that are in the Tax Code, our for the long term. which we can deal with health care rates could be one-half of what they The federal civilian service is smaller costs, by reducing the growth rate of are today—one-half of what they are today on a per capita basis than at almost health care expenditures, by dealing today. any time since the Kennedy Administra- with the readmissions to hospitals, by So we not only can bring in the rev- tion—yet its responsibilities are greater managing complicated illnesses, dupli- enue necessary to balance our Federal than ever. Rather than asking how to make cative tests, getting people out of the budget and allow for the types of in- the federal workforce smaller or less expen- emergency room into our clinics and vestments that are important for job sive, Congress should be asking what we need the Federal Government to do, and what it into preventive care, having seniors growth, we can actually reduce the will take to ensure that we have a workforce take advantage of preventive health rates for a large number of Americans. with the necessary skills in appropriate care because they do not have to pay a Unfortunately, that is not in this budg- quantities to execute those responsibilities copayment that they could not afford. et agreement. To me, that is a dis- with maximum effect at a reasonable ex- These are ways we improve what we appointment, that we are not dealing pense. call the delivery system of health care with the balance that is necessary for a Proposals to freeze federal pay, change re- in America, where you bring down the long-term budget agreement. tirement contributions or reduce the work- costs of health care. That is the best Then there is one other area I want force through attrition do nothing to im- prove the capacity and performance of the way to bring down the mandatory to talk about, and it is not going to be federal government and those who serve in spending accounts in Medicare and a surprise to my colleagues—a couple its civilian workforce. These proposals are Medicaid—reduce health care costs. We of areas I want to talk about, one of easy and expedient, but they miss the oppor- need to do more of that. We need to re- which is the Federal workforce. tunity to make real and sustained improve- duce the cost of our mandatory spend- This agreement provides for a 1.3-per- ments in how the Federal Government man- ing in this country. We could have done cent increase in retirement contribu- ages its people. more, and this budget agreement did tions for new hires under Federal serv- I could not agree more with those not deal with that. ice. That is on top of an increase that comments. We have a smaller work- Then there is the issue of revenue. I was just done a year ago on the exten- force today, asked to do more ex- am going to talk about revenue be- sion of the payroll tax, where we in- tremely important work. These are cause I was proud to be part of the Con- creased the retirement contributions people who are protecting our food sup- gress that balanced the Federal budget for new hires. We also, in this budget ply. These are the great scientists who when Bill Clinton was President of the agreement, have a reduction in the are doing the research to give us what United States. Do you know what we COLA increases for military retirees. we need, new technologies in health did back then? We brought in more rev- I think that is regrettable. I do not care. These are people making sure our enue, we reduced spending, and we bal- believe that should have been in this seniors get the services they so richly anced the budget. What happened? Our budget agreement. Our civilian work- need and deserve. These are people who economy took off. We were not only force has already contributed. When are on the frontline in so many dif- growing jobs, we were growing good- you add up what will be done by retire- ferent ways. paying jobs, and the standard of living ment contributions, that is going to be Our responsibility is to make sure for all Americans went up. We have to over $20 billion. We have had 3 years of they have the resources to carry out get back to that. a pay freeze. We have a way in our law their mission. Yes, we make value We are spending too much today, and where we make adjustments to our ci- judgments as to what are the prior- we do not have enough revenue. Yes, vilian workforce pay each year that re- ities, but to put our class of Federal this agreement takes care of reducing flects not the cost of living, something workers through additional cuts, to some spending, but not all, and does less than the cost of living. Our Fed- me, is wrong. I regret that was in- virtually nothing about revenues. We eral workforce has seen a freeze. They cluded in the budget agreement. have to get back to that. We can bring have not gotten that for the last 3 I also wish to mention I was dis- in the revenue necessary to balance the years. That is close to $100 billion in appointed that we were not able to use

VerDate Mar 15 2010 00:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.009 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8875 this last train that will reach the fin- and promises to cut some spending in When we talk about raising the debt ish line before we recess to extend un- the future. We have seen before how ceiling, it is a minor issue compared to employment insurance. Some 1.3 mil- that story ends. We have already read being able to pay the interest on the lion workers are in danger of losing that book. We will spend more now, we debt. If it keeps going up significantly, benefits come January 1. In 2014, as will grow the government more now, we and our kids and our grandkids are many as 4.7 million workers will not be and ultimately the spending cuts will not going to be able to pay the debt. getting the extended benefit, 83,000 of never materialize. That is what I hear across Wyoming. whom are located in my State of Mary- I have a favorite retired truckdriver That is what I hear across America. So land. in Pinedale, WY, who has suggested what are we trying to do? We are try- Let my point out, I know the unem- that we need to quit putting people in ing to come up with a reasonable ployment rates are getting lower. We the wagon and get more people pulling amount of spending for the United are all working to make sure to get the wagon. What he, of course, is refer- States. This budget does not do it. them as low as we can. But they are ring to is the way we are growing gov- Because Members are going to be vot- still substantially higher than they ernment. Every time we grow govern- ing on a deal rather than a bill that were when we first recognized that we ment we put some more people in this had the opportunity to be improved needed to have extended Federal unem- wagon that the private sector has to through the committee process with ployment benefits because of the soft- pull. Yes, everybody in government feedback from other Members, we will ness in our economy. Particularly for pays taxes. But not one person in the not have the opportunity to discuss the those who are long-term unemployed, government pays as much in taxes as potential unintended consequences and it is extremely difficult to find a job. If they earn, so they become a part of the address them before they become law. I you are unemployed and you are look- burden in the wagon. just heard 15 minutes of that discus- ing for work, it is tough out there. Yes, even Senators are part of that sion from the Senator from Maryland So the right thing for us to do is to burden in the wagon. But we are get- who knows a whole bunch of items that continue these benefits for people who ting less and less people pulling the are in this bill that he is upset with, are actively looking for work and can- wagon. They are getting a little tired and I, quite frankly, think he ought to not find jobs. This is an insurance pro- of pulling the wagon. I am going to be upset with. gram. The moneys have been collected show some things that are happening But I am on that conference com- during good times so that we pay dur- in this budget that are making it even mittee. When the deal was made, we ing these times. The money is there. tougher for them to pull the wagon. read about it in the papers just like ev- We need to make sure those benefits So this is not the right path forward. erybody else. We did not get any spe- are continued. I was disappointed it My constituents back home in Wyo- cial notice that there had been a deal was not included in the legislation. It ming and Americans across this coun- made. On conference committees, I will help our economy grow. try deserve better. We talk about how have seen the deals made before. I have There are more and more economic we have reduced the deficit. Reduced never seen one made by so few people studies that show every dollar we make the deficit? Yes, that means we used to before. In this one there was a Demo- available in unemployment compensa- be overspending $1 trillion a year, and crat from the Senate and a Republican tion returns much more to our econ- now we are only overspending $500 bil- from the House. The two of them came omy in job growth. So this is hurting lion, which is one-half trillion. That is up with a conclusion that this is what ourselves by not extending it, plus we still overspending. we should have. are hurting millions of Americans who Families across America know you That is not too bad, provided it goes are going to be more vulnerable in try- cannot keep spending more than you through a normal process, which means ing to keep their families together dur- take in. Is there any indication that we get to make some amendments. ing these very challenging times. this causes a problem? We have been When we make amendments, some Let me conclude by saying that as I experiencing some of the lowest inter- pass, some fail. But at least we get to said in the beginning, this is an impor- est rates in the history of the country, bring up the unintended consequences tant budget agreement to get approved. which means the Federal Government that we see. That is why we have so I strongly support it. I applaud the has been able to borrow its money for many people in Congress: 100 here and leadership of Senator MURRAY and Con- less than it ever has before. 435 on the other side. That is why we gressman RYAN in bringing us to this A few months ago I went to one of have a whole lot of backgrounds look- moment. My constituents believe this these bond sales. It was $40 billion ing at everything that happens around is a very important step forward, show- worth of bond sales, sold in 30 minutes. here from a whole lot of perspectives so ing that we can compromise and work People in other countries had so much maybe we can stop the unintended con- together and get our work done. confidence in the United States that sequences. In a few days we will bring the first they were willing to pay us to take But that is only if it goes through a session of the 113th Congress to a close their money. They put in bids of nega- normal process. So far the tree is filled and leave Washington to spend the tive interest rates. They paid us to on this bill. What does that mean? holidays with our families and friends. take their money, to keep it, to make That means no amendments allowed. I hope each one of us will use that time sure it was secure. They believed it Take it or leave it. No matter what to reflect on the extraordinary privi- would be secure. So they paid us a neg- you think of it, forget it. We are going lege of being a Member of Congress. I ative interest rate. to have some unintended consequences hope each one of us will reflect on the At that particular bond sale, the in- that are going to come out of this and extraordinary challenges our Nation terest rate was .86 percent to borrow they are going to become law. faces. I hope each one of us will come $40 billion. That is what it averaged For example, I applaud the proposal to the conclusion that we can do ex- out at. Last week we did bond sales. that would limit access to Social Secu- traordinary things if we work together. Last week we sold $30 billion worth of rity’s Death Master File to prevent The American people demand and de- bonds. I do not know how many min- identity theft, and individuals from serve no less. utes it took to do that, but it was a rel- fraudulently claiming government ben- I yield the floor. atively short period of time, probably efits and tax refunds associated with The PRESIDING OFFICER. The Sen- less than 30 minutes as well. those who have passed away. That is a ator from Wyoming. Do you know what the interest rate good idea. However, I am concerned Mr. ENZI. Mr. President, I rise to ex- was? It was 3.90 percent. In just a few that certain organizations that use press my disappointment that the months it has gone from .86 to 3.90. Is that same Death Master File for legiti- budget deal we will soon be voting on that factored into this budget? I bet mate business purposes that benefit reflects just that, a deal—not legisla- you it is not. If that interest rate keeps consumers may have their access re- tion, a deal. It raises spending above going up, if it hits 5 percent, we are not stricted. the cap. That is the spending limit we going to be able to do nearly as much If we discussed these issues in com- put in place just 2 years ago. as we are now. We have to pay our in- mittee, we might have been able to ad- It raises revenue from hard-working terest first, otherwise we have bank- dress them, perhaps with a sensible so- Americans to pay for this new spending rupted the United States and proven it. lution, perhaps in a way that would

VerDate Mar 15 2010 00:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.010 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8876 CONGRESSIONAL RECORD — SENATE December 17, 2013 have protected the identity and still spend it this year, and then not worry cent of mineral royalty owed to the protected the benefits to the consumer. about it? Nobody that I know of. States for administrative expenses. We The budget deal makes a permanent Employers are still in the process of should have the opportunity to discuss, provision that would require States to implementing and paying for a $9 bil- debate, and vote on them on the Senate pay a 2-percent administrative fee to lion tax increase called for in the high- floor. the Federal Government for the collec- way bill last year. That, again, is a 10- There are a lot of others, but those tion of mineral royalties. This only af- year tax to build highways for 2 years. are the two primary ones. We have to fects a few States, particularly Wyo- When that highway bill comes up, stop dealmaking and we have to start ming. The negotiators and the adminis- where are we going to steal the money legislating. tration see this as an easy pot of next time? Our constituents sent us here to leg- money. We saw the same situation play There is always the Social Security islate. They deserve better than a deal out last year when the Federal Govern- trust fund and a whole bunch of other agreed to behind closed doors without ment saw a pot of money associated trust funds. I can hear the yelling input and improvements from the rest with the abandoned mine lands, that about that, and I will join the yelling of the legislators, not even the com- primarily go to Wyoming, and spent it about that if it is even considered. If mittee to which it was assigned. Even on an unrelated highway bill. we can tap it in the private sector, un- though I am disappointed in the proc- When the Federal Government first doubtedly we can tap it in the govern- ess that has led to this point today, I started to withhold the mineral roy- ment sector as well. am even more disappointed in the prod- alty money owed to States, I intro- A $9 billion increase, that was for the uct that resulted from the dealmaking. duced legislation with Senator BAR- highway bill. We have another $200 per This budget deal breaks the promise RASSO and Representative LUMMIS and employee, so we have another $900 bil- we made to our constituents in 2011—as a bipartisan group of legislators from lion increase that is put on the backs part of the Budget Control Act—that affected States to stop it. Each of those of private industry, the ones pulling we would reduce spending. It has States is fully capable of collecting its the wagon that I talked about. To put worked. It hasn’t worked the way a lot own share of the mineral revenues it simply, over 2 years the flat-rate of people would like for it to work be- without help from the Federal Govern- premium will have increased 40 per- cause it has been across-the-board. But ment. We should not have to pay for cent, and over 3 years the variable-rate for the first time since the Korean War, that. We will continue to reverse this premium—which is a tax if it doesn’t it has reduced spending 2 consecutive unjust practice. go where it is supposed to—will have years. We were close. After 2014, overall dis- Another fascinating little item was increased over 100 percent. That is a cretionary spending would have in- when we did the sequester, the money huge tax. creased even with the sequester. Yes, that comes in from Federal mineral I guarantee that will end the willing- we were almost at the end of the part royalties to the Federal Government ness of some companies to continue of taking down the spending, but we was considered to be revenue. The pensions. Pensions are voluntary. couldn’t find the will to prioritize money that went out, which is by law If the cost to continue them goes up, spending this year under the current to the States, was considered to be rev- the companies will reevaluate. spending levels and, instead, decided to enue to the States that passed through In fact, I can state that they are re- ask Americans to send in more of their the Federal Government. The Federal evaluating right now. When we are hard-earned money to Washington so Government took 5.3 percent out of it looking at $200 per year per employee, the Federal Government could spend it until, of course, we started having a lot we have to take a look at how that af- the same way we always have—promise of success at reversing both this 2 per- fects this. Pensions will change dras- the cuts in the end and take more cent that I just talked about and the tically because of this agreement. money in the beginning. stealing of the Federal mineral royal- A few of the concerns I have just I think my constituents in Wyoming ties. Suddenly the Federal Government raised could be addressed, if not in know best how to spend their money. said: Oh, that was a mistake. You are committee, then on the Senate floor. Of course, this penalizes them for their going to get your full half of the Fed- Once again, the majority leader has de- principled budgeting which they have eral mineral royalties less, of course, cided that no amendments will be al- been doing and makes it look as if they the 2 percent. lowed. They won’t be allowed to be of- have money. Every State could have Another little problem is the deal fered, and they won’t be allowed to be money if they were as careful as Wyo- raises premiums private companies pay voted on. ming has been. the Federal Government to guarantee I filed two amendments to the budget Washington, DC, has a spending prob- their pension benefits. That is some- deal that are relevant to this discus- lem. We don’t have a revenue problem. thing we have also insisted on. We have sion. One was with Senator MURPHY re- We can think of all kinds of things we said companies need to pay a fee so if garding the need to follow congres- would like to spend money on, things they go out of business, the people they sional intent and to clarify that the that we think would be a good deal and promised a pension to will get at least funding of the accounting standards- probably that would buy some votes 60 percent of what they were promised. setting bodies is not subject to seques- out there. That is wrong. We need to That is supposed to be a trust fund, a tration. get things under control before that 3.9 trust fund to be able to pay those peo- We have a system where there are percent interest rate goes to 5 percent, ple if the company goes out of business. rules set up to have generally accepted 10 percent—or it has been as high as, I We have addressed that a number of accounting principles, and we have a think, 18 percent before. times. We have held that sacrosanct body that is supposed to be very inde- The budget deal increases spending until a couple of years ago. This raises pendent that is supposed to come up and shows the one thing that some the premium. That is gentle for a new with those rules. Democrats and Republicans can agree tax. A premium is a tax. If every com- We do force the companies that are on, and that is putting off our deci- pany has to pay another $200 per em- in the accounting business to pay for sions. This plan spends more than the ployee who receives a pension, that is a that body, to standardize the account- current law. It charges people and tax. ing process. It comes directly from the States for more and uses the money to If it goes into the trust fund, maybe accountants, and it is supposed to go increase spending in nonrelated areas. it is a fee. But here is the real kicker: directly to this accounting board. We Spending cuts are scheduled for out- This money we raise does not go to the have decided that sequestration should lying years, and so the so-called sav- Pension Benefit Guaranty Corporation, take a little chunk out of that. That ings are used right away. Yes, just shift so it is a tax increase. It does not shore should not happen. That is stealing that money from out there and put it up this trust fund. It will be spent on money again. That is one of the amend- into the current spending. That isn’t discretionary programs, and it will be ments. real. Nobody else gets to do it. It is spent this year. But it will be collected Another one was to strike the lan- only a government trick. for 10 years. How many people in Amer- guage making it permanent for the We cannot spend our way to pros- ica get to take 10 years of revenue, Federal Government to withhold 2 per- perity. We need to prioritize spending

VerDate Mar 15 2010 00:38 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.011 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8877 cuts. We need to find the spending cuts plain about, and their constituents to look at every one of those expendi- that will do the least harm, start would make us put it back into the tures and decide whether they ought to there, and go through an appropria- spending. go up or down—allowing amendments tions process that works. We have been They didn’t have to do that. There on bills, allowing the spending bills to doing omnibus bills around here for a isn’t any business, there isn’t govern- go through one at a time, maybe a long time. I have constituents who will ment agency that doesn’t have some week at a time. We could have them all start coming in January, and they will waste. That is what ought to go first. done before October, and then there want me to take a look at their pro- Then the duplication ought to go— wouldn’t be any government shutdown gram and add only a few dollars there. and there is about $900 billion a year in anyway. I have to tell them the last time I had duplication around here, but we ought There are a lot of ideas out there on a look at a line on appropriations was to take a look at that. what we could do. I sit up nights wor- about 5 years ago. We just take one Another thing we can do is the gov- rying about the Nation’s debt and how whole lump of $1 trillion and vote it up ernment shutdown legislation. That is it will affect the children of Wyoming, or down one time. That is not doing the one that needs to tell those spend- how it will affect my children, and how our job. Our main job is spending the ing committees they need to get the it will affect my grandchildren. This money. We need to prioritize those leader to bring up their bill and get it budget conference was an opportunity cuts. finished with the amendments in the to apply reasonable constraints to im- I will tell us how Wyoming did it. appropriate time. If they don’t, then possibly high future spending, but in- Wyoming was facing an 8-percent cut, they will have to cut another 1 percent stead we got more spending and no real they thought. We are talking about 2.03 off their spending every quarter until plan to solve the problem. Yes, we said, percent for the Federal Government. If they get their work done. Then we we got some savings from out there in we compress it down to only a few don’t have a shutdown, but we have a the future. We will spend that now, and months, we are talking about 5.3 per- reduction in spending; there is some in- we will make those cuts later. It never cent. But the true amount of that se- centive for them to do that. happens. questration was 2.3 percent. We need to do tax reform. I agree For all of those reasons, I cannot Wyoming thought they were going to with Senator CARDIN. I think that support the budget deal. I hope our get hit for 8 percent, mostly because of could make a huge difference in how we next fiscal deadline dealing with the some of the regulations on energy that are doing our revenue. debt limit early next year will provide reduced some of the energy production I also have a penny plan. The penny an opportunity for my colleagues and in Wyoming. plan just takes 1 cent off of every Fed- me to have a real conversation about How did they go about doing this? eral dollar the Federal Government the spending problems our country The Governor said to every single spends. When I first started looking at faces. The spending issue isn’t going agency: I wish to see from you how you this, the Congressional Budget Office away. The longer we put it off, the would spend it if you have to cut 2 per- said that it would balance the budget worse it will become. That is the re- cent, if you have to cut 4 percent, if in 7 years. If we did that for 7 consecu- ality our country faces. you have to cut 6 percent, and if you tive years with 1 percent off every I hope that we continue on the bill have to cut 8 percent. year, it would balance it in 7 years. that says, no budget, no pay, and actu- Do you know what he did when he The newer valuation is that with the ally get that done so that we have the got those four lists from all of the sequestration it balances the budget in emphasis to actually finish a budget agencies? He looked to see if the items 2 years—only 2 years. When I talk to much earlier. Yes, there is blame, at 2 percent, 4 percent, 6 percent, and 8 my constituents about it, that it would blame enough to go around on the percent were the same. be 3.3 percent over 2 years, and it budget process. We are actually too That is the way we find out what the comes to almost 7 percent over 3 late for the budget process to have an agency thinks they can get rid of. That years—I think that we could do that, impact. We are at the spending part. is a simple way of prioritizing spend- and we could do it with so little pain— We are not getting to address that with ing. Did we ever do that around here? people would say: Please continue that amendments, and I am deeply dis- No. We do have a process by which the another couple of years and pay down appointed we are not legislating. President can have his agencies say some of the debt. I yield the floor. what they intend to get done and then Just getting rid of part of the deficit The PRESIDING OFFICER (Mr. tell what they got done and how well means we are still overspending, but SCHATZ). The Senator from Alabama. they were doing. we ought to at some point start paying Mr. SESSIONS. I thank Senator ENZI We never pay attention to that. So down that debt so we don’t have to pay for his leadership on the Budget Com- the ones that come out rated very the interest on the debt. mittee. He is a long-time member, a badly on this continue spending money When we pay down a little bit of the senior member, and he has worked hard as they always did. We need to have a debt so we don’t have to pay as much on these issues for years. prioritization process. We need to have interest, we ought to use that interest He is an accountant. He is able to add a way that we can look at some of the that we saved to pay down the debt and subtract. He can see a debt crisis details of the spending bills. Putting some more. That is how we pay off when one is there, and I appreciate the off spending forever and forever, and things. People who have credit card comments he has made. I believe he is then coming in after the fact and say- problems know that is the way to go exactly correct on so many of those ing: OK, this is how much we spent, about it. points. how much we are going to spend, then I would also like to go to biennial The Senator suggested that some- we get to vote yes or no, is wrong. That budgeting. We supposedly spend $1 tril- thing is awry on the pension benefit again is dealmaking, not legislating, lion in discretionary spending and the commission in which we, in effect, tax and it won’t rein in the out-of-control military every year—$1 trillion. That employers more supposedly to help the spending. is so much money that nobody can guarantee fund be able to honor peo- I have talked a little bit about the look at it, and we don’t. ple’s pensions if a company goes bank- prioritization we have to start doing If we divided those 12 spending bills rupt. But it seems to me in simple dol- around here. When we do the sequestra- up into two packages of six, and we al- lars and cents if we do that we can’t tion, the complaints are the agencies lowed them to have spending worth 2 then spend it on other items unrelated will always make it hurt. I watched years each time, they could plan ahead to pension guarantees. this when I was in the Wyoming legis- much better. We would do the six Is that the concern the Senator has lature. If we only told them how much toughest bills right after the election, raised, essentially? of a cut to make and didn’t tell them the year right after the election and we Mr. ENZI. Yes, that is exactly the specifically where to take it, they al- would do the six easy bills just before issue I was raising. We keep promising ways did something that was very vis- election. We could get through those. people that money is going to go to ual that their constituents would no- Then we could do what my constitu- certain places and then we divert it to tice. Their constituents would com- ents think that we are doing, which is other places.

VerDate Mar 15 2010 00:38 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.019 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8878 CONGRESSIONAL RECORD — SENATE December 17, 2013 I think that under the system of ac- forth in Chairman RYAN’s 2011 budget. discretionary spending arguments for counting we use, we probably could get While the overall spending number is the next couple of years. We can turn it to show up in two places and get to higher than what I would have wanted, our full attention to entitlement re- spend it twice. That is double the prob- the House and Senate Budget Com- form and tax reform as Congress de- lem. So we have to start being honest mittee chairmen were able to craft a bates raising the debt ceiling once with the public about where we are budget deal that produces $23 billion in again next year. taking the money and where we are ac- net deficit reduction. Very honestly, Also, with this bill we will no longer tually putting the money, and that was with the deficit we have been running, need to provide additional flexibility my purpose in making that comment. $23 billion is a mere pittance, and I for defense spending. This bill will give I thank my colleague for his com- think all of us who are concerned about the defense community the resources ments and for his dedication on the the debt and the deficit of this country they need, No. 1. budget. I don’t think anybody spends would like to see that number higher. In conversations with top officials at as much time looking at those numbers But more importantly, they have pro- the Pentagon and within the intel- as the Senator from Alabama does, and duced a budget that will set in place ligence community over the weekend, commenting here on the floor. It is an some fiscally responsible spending poli- they have urged the support of this bill effort to educate America on what is cies and give us a way forward. Regard- as a way to address their current budg- really going on, and my colleague is less of how each Member of this Cham- et crisis, and I am extremely sympa- very good at it. I thank him for his ber feels about the resulting policy, we thetic to both those communities and leadership. should all recognize the importance of wanted to make sure that whatever Mr. SESSIONS. I thank my col- this agreement and thank the chair- product came to the floor of the Senate league. And I was referring to the fact men for their tireless work to end this did that. This bill does address the that Senator ENZI is the one who has chapter of political disagreement. shortfalls and the flexibility issue in explained to us in a very clear way, Although I would still prefer a grand the defense community and in the in- from his accounting background, the bargain to solve our fiscal crisis, this telligence community. problems we have had with the pension deal marks the first step in that jour- I was pleased at the approach the guarantee fund, and it is a very real ney. Congress will now be in a better budget chairmen took will not turn off situation. It is actuarially unsound in position to tackle the issues of tax- sequester but will extend the manda- the long run. It needs to be put on a ation and entitlement reform in the tory cuts for an additional 2 years be- better basis, but we can’t put it on a short term, and I truly hope the com- yond what the Budget Control Act pre- better basis if we tax the employers. mittees of jurisdictions will take this scribed because, as I see this, this has That may even reduce, as the Senator as a sign that that does need to be been an $85 billion fix on the sequester from Wyoming says, the number of em- what happens next if we are truly that keeps it from going too deep into ployers who provide a pension. That going to address our fiscal issues. the defense budget, which had the po- would be a terrible policy error, if we The budget deal before us is not per- tential for causing real problems with- keep driving up the cost to supposedly fect. There is a lot in this proposal to in the Pentagon as well as within the fix the fund but then spend the money like and there is a lot in this proposal intelligence community. on something else and we therefore to dislike. But there is one provision With this budget deal, we can also disincentivize the businesses from even related to military retirement pay that put in place a 302(a) budget alloca- having retirement plans for their em- will certainly have to be addressed tion—the top-line number Congress can ployees. So I thank my colleague for after the passage of this bill, and it is spend on discretionary spending. For raising that very important issue. one of the provisions that, frankly, I the first time in several years, this will The PRESIDING OFFICER. The Sen- don’t like. I am told by Pentagon offi- allow the Appropriations Committee to ator from Washington. cials that this provision basically came do the job that it is actually intended ORDER OF PROCEDURE out of nowhere. I think it is terribly to do. Our appropriators have pre- Mrs. MURRAY. Mr. President, I ask unfair to our men and women in uni- viously been forced to make spending unanimous consent that the Senate re- form. They should not have a dis- decisions without a top-line number cess from 12:30 until 2:15 p.m. to allow proportionate share in our deficit re- and through continuing resolutions. for the weekly caucus meetings and duction measures. They had no information and no guid- that the time during the recess count However, I feel confident this issue ance from Congress. It is no wonder our postcloture on the motion to concur in will be resolved in the near term. I spending has caught up with us. The the House message to accompany H.J. have had a conversation with the country benefits when Congress ap- Res. 59. chairman of the Committee on Armed proaches the appropriations process The PRESIDING OFFICER. Is there Services, as well as a number of other through regular order and not through objection? members of the Armed Services Com- last-minute continuing resolutions. Without objection, it is so ordered. mittee who are committed to making This agreement makes that process The Senator from Georgia. sure we address this, and hopefully we more likely. Mr. CHAMBLISS. Mr. President, I will come up with some alternative be- The Budget Committee chairmen rise today to speak on the bipartisan fore this provision takes place, which have also made a good-faith effort to budget deal that is currently before the doesn’t happen, interestingly enough, attack the real problems in our budget Senate. until December of 2015. by cutting money from mandatory pro- Chairman RYAN and Chairman MUR- Many Georgians have served with grams rather than searching for more RAY have shown us true leadership on honor in our military, and while the discretionary cuts. In their agreement, divisive and complex budget issues. changes to their annual cost-of-living they took notice of how often the Fed- The legislation we have before us today increase may appear insignificant on eral Government has given special is the embodiment of compromise— paper in this bill, this is real money treatment to certain groups and they something that has, unfortunately, promised to those who put their lives have taken efforts to curb that. While been absent in Washington as of late. in harm’s way in defense of this Na- many outside groups may attack these They have crafted a bill that sets forth tion. I want to assure our service men reforms, they are representative of the the guidelines for spending for the re- and women that there is ample time to types of reforms that will have to be mainder of this fiscal year and the address this issue before it takes effect, included in any future agreement to platform for the next fiscal year. and I am committed to addressing it, achieve entitlement reform, which at This deal will set overall discre- and I will not turn my back on those the end of the day is where the real tionary spending for the current fiscal who fight and have fought for this problem in our Federal budget lies. year at $1.012 trillion—an amount that country. This deal does little to address the is approximately halfway between the That said, this budget deal is a nec- $17 trillion debt, but it is a start down Senate budget number and the House essary and crucial step toward a func- that road, and I truly hope this will budget number. This number is also tioning Congress. With passage of this lead to more serious discussions on the less than the 2014 spending level set budget deal, we can close the book on floor of the Senate about our debt and

VerDate Mar 15 2010 00:38 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.021 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8879 a solution for how we are going to see near term, but the Congressional Budg- going to have to fill. That would have that $17 trillion repaid. et Office tells us in the next several saved $3 million a year. That is just In all, this budget deal represents a years we will begin to see the relent- one example of the waste of money. It partial completion of the work the less increase in deficits every year, is the equivalent of burning $1 million American people expect from us. It is reaching almost $1 trillion again by the to $3 million a year on the mall out far from perfect and leaves much to be end of this 10-year window. That is not here because those judges were not desired. But the prospect of com- a good path to be on. needed. promise on the single most important We pay interest on the debt which we So to say there are no cuts to make issue of our time requires attention accrue each and every year, plus all the and we can’t reduce spending any more and serious looking at by every Mem- money we have borrowed previously. is not accurate. It is all through the ber of this body. I will vote for the pas- The amount is notable. We have ex- system. As Senator ENZI said, his State sage of this bill because it lays the ceedingly low interest rates, so it is was prepared to take an 8-percent cut. groundwork for the next chapter in our not impacting us as much as it is like- But under the Budget Control Act, pursuit of fiscal sanity. ly to impact us in the future, as they which includes the sequester, we are For 31⁄2 years now, Senator WARNER will return to the mean and we will see not cutting spending over 10 years; we and I have been involved in seeking out rates go up. are increasing spending over 10 years. a much larger debt and deficit reduc- But just to point out that this agree- We are just increasing it $2 trillion less tion deal than what is currently before ment—the legislation before us—spends than before. We were on the path to in- us. We know the American people are $63 billion to $70 billion in the next 2 crease spending, at the time the Budg- tired of out-of-control spending and years. Where does that money come et Control Act was passed, by $10 tril- don’t understand why Congress can’t from? Essentially, it adds to the debt. lion—from $37 trillion to $47 trillion address our $17 trillion debt. It is not But we are told not to worry because over 10 years. We passed the Budget rocket science. The Bowles-Simpson we have other cuts in spending, other Control Act and said it would increase Commission gave us a roadmap 3 years fees that will come in, which will even- to $45 trillion instead of $47 trillion. ago this month, and I regret that the tually pay for it. But over half of the So we go from $37 trillion to $45 tril- White House has not followed the lead- pay-fors occur outside the 8 years left lion. That was essentially what the ership of its own Commission. This bill on the Budget Control Act window and agreement was. It passed both Houses represents a small step toward the type in the last 2 years of the 10-year budget of Congress. It had no tax increases in of cooperation that will be necessary to window for this legislation. But the it. It was simply a commitment to con- comprehensively address our debt and Congressional Budget Office has scored tain the growth of spending, and it deficit. It is my hope that this agree- that, because we are spending more sharply reduced spending. It reduced spending in the near term. But after ment allows that effort to restart in a money sooner—money which has to be this year, spending is allowed to con- meaningful way. borrowed—it would add $10.5 billion to Mr. President, I yield the floor, and I the interest payment of the United tinue for the last 7 years or 8 years of suggest the absence of a quorum. States over this 10 year period. the Budget Control Act agreement, a The PRESIDING OFFICER. The So the claim it is going to reduce the 2.5-percent-a-year annual increase clerk will call the roll. debt over time if every bit of this is ad- every year after this year. So the cuts began to bite this year. The assistant legislative clerk pro- hered to—which our pattern is not to They were being felt this year. What ceeded to call the roll. adhere to what we promise. But if we did Congress do? It folded up like a Mr. SESSIONS. Mr. President, I ask were to adhere to it over the 10 years, house of cards. Congress couldn’t sus- unanimous consent that the order for the savings wouldn’t be $23 billion as tain the heat and couldn’t honor the the quorum call be rescinded. claimed, it would be $12.5 billion be- promise we made in August of 2011 to The PRESIDING OFFICER. Without cause the legislation supporters objection, it is so ordered. reduce the growth of spending just a haven’t discussed the interest cost of little bit. That was the promise. To Mr. SESSIONS. Mr. President, I wish this gimmicked-up bill, where we spend we had an agreement that is grand and raise the debt ceiling $2.1 trillion, we more now and save later. It is a very agreed to reduce the growth of spend- great and would do what a lot of people serious matter. have been dreaming of for some time ing by $2.1 trillion over 10 years. They say the sequester is hard. The Now we have already hit the debt and would put us on a sound financial sequester is so bad that it cannot be ceiling. We have already borrowed an- path for decades to come. It is within sustained, America will collapse, and other $2.1 trillion. So now we hit the our grasp. But it seems we are unable we will not be able to act in a compas- debt ceiling again, but we are not hon- to make those choices or bring that sionate way and be supportive of people oring the promise to reduce spending. forward. in need or meet the basic needs of the What happened? The sequester said I believe if the President has led and government. we had to have more cuts this year, given a commitment to fixing our fi- The former Speaker PELOSI, now more reductions this year, and Con- nancial problems in America, we could leader of the Democrats in the House, gress couldn’t sustain it—just have done it in the last few years. But said the cupboard is bare. There are no couldn’t—would not take the heat, and he has not. So it has put us in a bad po- more cuts to make. She said on Sep- we came up with this new plan that is sition, and we end up with the agree- tember 21 of this year: There are no before us to avoid a shutdown. I guess ment we have today, which essentially more cuts to make. we can say we avoided a shutdown, but would save some of the risk of a gov- There are plenty more cuts to make. we can also say we did not do the right ernment shutdown and reduce some of There are ways to save money. For ex- thing about spending in America. We the tension, which a lot of people think ample, the majority in the Senate have not faced the challenge we have is great and I do too. It would be good changed the rules of the Senate using because we remain on an unsustainable for the country to have more predict- the nuclear option to ram through the financial path. In a couple years we ability. It would be good for the De- appointment of three new Federal will be back on a deficit growth pat- fense Department to have more pre- judges. Each one of those, with their tern which is going to be very serious dictability. It would be good for the fi- staff, costs the taxpayers $1 million a and will threaten the financial future nancial community to have more pre- year, and it was for the DC Circuit, of America. As President Obama’s dictability about what is happening in which absolutely does not need these Simpson-Bowles Debt Commission has Washington. But what occurred is not judges. They are not needed. The DC told us, nothing fundamentally has sufficient in any way, and it has been Circuit has by far the lowest caseload changed in that. postured to look a good bit better than per judge in America, even with the va- So we have our colleagues who are it is. cancies on the court. anxious to have more taxes—more rev- Essentially, we remain on an So what we should have done, and I enue they call it. What they are talk- unsustainable financial path in Amer- worked toward previously, is not filled ing about are more taxes. ica. The numbers are real clear. We are those judges and move them to other House Minority Leader PELOSI says seeing a reduction in our deficit in the circuits which need judges that we are that there are no more cuts to make,

VerDate Mar 15 2010 00:38 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.022 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8880 CONGRESSIONAL RECORD — SENATE December 17, 2013 American people. We have cut all we the opportunity to have innovation and biggest expansion of government in lit- can cut. There is no more we can cut. creativity and the efficiencies that erally half a century. I think that it is So now we have decided the problem is occur in the private sector that are not becoming increasingly clear that was, you, American people. You haven’t present in the government sector. We in fact, the case. sent us enough money. We demand, we can’t run this government. We have We are seeing dramatically more lev- insist, we require you to send us more never managed the government effec- els of spending. I think we are going to money so we don’t have to make any tively. It is so massive. We spend so see dramatically higher levels of debt tough decisions anymore. We don’t much money. We need to be leaner and over time. But you would think that have to make the financial choices more productive. We need to decide with $1⁄2 trillion in cuts to Medicare, they made in Wisconsin or Alabama or which areas in our country we don’t $1⁄2 trillion in tax increases—and when Wyoming, that every State and city need the government to undertake. We it is fully implemented, it will be much has had to face during this financial need to let the private sector handle bigger than that. The overall cost of crisis, and they are leaner and more that wherever possible. If we do that, the bill, when it is fully implemented, productive and more efficient as a re- we can manage a smaller and more effi- goes to about $2.5 trillion. The expan- sult of having to make those choices. cient government. We need to extract sion of government that occurred as a But we don’t have to because we want less money from the American people. result of the passage of ObamaCare to have more revenue. We have commitments. We are com- was, frankly, stunning relative to any- So after this August of 2011 Budget mitted to Social Security, Medicare, thing we have seen in recent history. Control Act passed, which reduced and other funding we need to make You would think with that you would spending over 10 years by $2.1 trillion, sure we are honoring. We can’t take see some relief, if you will, in terms of the President signed and agreed to, had money from Medicare, our seniors’ the burdens being placed upon middle- no tax increases in it, it was just a health care program, and then spend it class Americans, but we are seeing the commitment that we would contain and say we have strengthened Medicare opposite. spending—that is what the agreement and made it better because we reduced Many Americans are already feeling was, a spending containment bill. In its costs. The money that is saved in the effects of ObamaCare, whether it is January, President Obama submitted a Medicare needs to be used to strength- higher insurance premiums, canceled budget that wiped it out, busted it wide en the long-term viability of Medicare, health plans, or the loss of a doctor open. It would have added $1 trillion in which is in great doubt. It is not on a they like. Middle-class Americans are new taxes and $1 trillion in new spend- sound path. going to be hit the hardest. ing. I know we can do better. We are Lower income families will face steep Wow. What kind of commitment was going to have to face up to this. It is premiums and deductibles under that to the American people; you sign not going to be easy. It has challenges ObamaCare, but they will get some a bill, you say you are going to do for all of us. But reductions in Federal help in the form of subsidies from the something, and before the ink is dry spending can work. government to pay for some of their you are proposing a different idea that For example, they say we need more health care costs. goes back on the very promise that was revenue. Well, have we gotten more Upper income families are also going made. revenue? Yes, we have already. This to face higher health care costs. In Eventually, this year, the Senate Budget Control Act did not include fact, the majority leader told a Nevada Democrats passed a budget increasing more taxes. The Budget Control Act newspaper that his premiums under spending $1 trillion and increasing represented a $2.1 trillion reduction in ObamaCare will rise by $4,500 next taxes $1 trillion. It is a tax-and-spend the growth of spending, but in January year. Affluent Americans will be able budget, the same budget the President of this year we passed a $650 billion tax to absorb those increases. What about submitted each year. on the rich, upper income people, and a middle-class family facing a $4,500 in- They said we are going to have a bal- the ObamaCare legislation included a crease in health care costs, a family anced approach. What they wanted the $1 trillion tax increase on top of that. whose budget is already at its limit be- American people to hear when they This bill has $34 billion in fees and tween housing costs, school expenses, said a ‘‘balanced approach’’ is: We have taxes. Is there not revenue around and grocery bills? That family won’t be a plan to reduce the deficit, and the here? Revenue is being increased, but able to absorb those costs. That family plan is we are going to cut some spend- the problem is that it is not being used doesn’t have a spare $4,500 anywhere in ing and increase revenues. That is what to reduce our deficits and it is not its budget. For that family, the $4,500 they wanted the American people to being used to put us on a sound finan- will have to come from money that was hear. It was a subtly and carefully cial path. It is being used to advance allocated for orthodontic payments or crafted message, but it was not the more spending, and that is the danger college tuition bills or money for a new truth. The truth was that they wanted we are in, that is the danger we have to car. to spend more and tax more. Taxes watch, and that is the danger that Back when the President was trying were not used in a balanced approach threatens us all. to sell his health care proposal to the to bring down the deficit from the I know how seductive it is for us to American people, he promised that unsustainable path on which we re- think we just can’t reduce spending; ObamaCare would ‘‘cut costs and make main. The taxes were used to fund ad- the cupboard is bare. Minority Leader coverage more affordable for families ditional spending above the amount we PELOSI says that we can’t cut any and small businesses.’’ Unfortunately, agreed to in the Budget Control Act of more. Well, we can. There is a lot we the last few months have made it abun- August 2011, which is still in effect— can do to make this government leaner dantly clear that this promise is not unless this legislation passes, and that and more productive, and we are re- being kept. is going to amend it. quired to do so. Instead of seeing reduced costs and The fundamental fact is that my col- I yield the floor more affordable coverage, middle-class leagues want to tax and spend. They The PRESIDING OFFICER (Ms. Americans are seeing steep premium say they have cut all they can cut and HEITKAMP). The Senator from South hikes and soaring out-of-pocket costs. they want more revenue and more Dakota. Those Americans who have been lucky money from the American people. Just OBAMACARE enough not to have their plans can- send it to us, and we will spread it Mr. THUNE. Madam President, I lis- celed have been receiving insurance around and we will do all the good tened to the Senator from Alabama plan renewal letters with staggering things we can dream of with your talk about the current budget debate premium increases. In some cases it money. We don’t have enough of it; we we are having on the floor, and I has doubled or even tripled what they want more. couldn’t help but think of the discus- have been paying before. One con- I don’t think that is good for Amer- sion we had when we were debating the stituent emailed me to tell me that ica. I don’t think that is good for the ObamaCare legislation a few years ago thanks to ObamaCare her premiums economy. We need a vibrant private and how many of us at the time were will increase more than 100 percent, sector with growth possibilities and making the argument that this is the which she goes on to say is equal to 45

VerDate Mar 15 2010 00:38 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.023 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8881 percent of her monthly income—45 per- ducing the amount of capital they have understatement of the year based upon cent just for health care. That is more to expand their businesses, hire new the experience of literally millions of than most Americans pay for their workers, or promote existing ones, or Americans, some of whom have lost mortgage. they can pass on these costs directly to coverage entirely, but millions of Americans whose health care plans their workers, further burdening fami- Americans who are suffering with the have been canceled as a result of lies already facing steep health care sticker shock of dramatic increases in ObamaCare and who are being forced to costs. It is a lose-lose situation. the premiums they pay for their health shop on the exchanges are frequently Small businesses are being hit par- insurance coverage, dramatic increases facing higher premiums and drastically ticularly hard. Susan Gabay, cofounder in the deductibles now available under increased out-of-pocket costs. and managing director of a small busi- their policies, and dramatic decreases A couple of days ago an article in ness investment banking firm, pub- in the take-home pay they have to Chicago Business reported that an av- lished a column on Saturday in the meet the other obligations they have erage Chicago family with a midlevel Washington Times in which she dis- for their families. This is a direct hit health plan in the individual market cussed the effect the President’s health to the pocketbooks and the future eco- would go from a $3,500 deductible to a care law is having on her business. nomic vitality of middle-class Ameri- $10,000 deductible if they obtained a Thanks to ObamaCare, the health plan cans. similar plan in the exchange. That is she offered to her employees was can- I yield the floor and suggest the ab- $10,000 on top of the $9,000 a year that celed. The new coverage she was of- sence of a quorum. family would already be paying in pre- fered contains a 48-percent premium The PRESIDING OFFICER. The miums. increase, which she says ‘‘translates clerk will call the roll. In Federal exchanges, many families into approximately $1,676 in added The bill clerk proceeded to call the are facing deductibles as high as costs per year for every individual cov- roll. $12,700. Barring catastrophic illness or ered on our plan.’’ That is a $6,704 pre- Mr. MCCONNELL. Madam President, injury, in many cases a family with a mium increase for a family of four. She I ask unanimous consent that the order deductible that high might as well not says that is approximately $44,000 in for the quorum call be rescinded. have insurance at all. added annual costs for her business The PRESIDING OFFICER. Without Of course, a family could buy a more that otherwise could be used to hire a objection, it is so ordered. expensive plan and greatly reduce college graduate. Mr. MCCONNELL. Madam President, those out-of-pocket costs. Many of the Maybe her employees are getting bet- earlier this morning the Senate voted platinum plans, which are the high-end ter coverage thanks to ObamaCare’s to advance a budget agreement that plans, have no deductible at all. As regulations, right? Well, actually, the passed the House last week. The legis- CBS News points out—and this was for answer is no. Let me read her answer lation has been a topic of much discus- a Houston, TX, family—‘‘that means to that observation. She says: sion over the past several days, and shelling out almost $12,400 per year in The response to our plight is that we are there are sincere arguments on both monthly premiums, or about the same getting much better coverage. But that isn’t sides. as the deductible for the bronze plans. true, either. We have historically provided While I appreciate the challenges Either way, families and individuals our employees with a generous plan with House and Senate negotiators faced in who don’t qualify for tax credits may 100% coverage for in-network preventative crafting these budgetary guidelines, I care and low out of pocket maximums. Con- voted against this legislation because find ObamaCare failing to deliver on versely, our new ‘‘great alternative’’ plan of- its promise of affordable health care.’’ fers comparable benefits with much higher in my view Congress should continue That is from CBS News when talking out of pocket maximums. to adhere to the fiscal restraints both about a specific family in Houston, TX. So thanks to ObamaCare, Ms. parties agreed to under the Budget What makes it even worse—and this Gabay’s business will pay more for Control Act. is what the Associated Press reported— health care and so will her employees I was the principal Republican nego- many families don’t fully understand without receiving any meaningful in- tiator of that agreement. I have been the expenses they are taking on when crease in benefits. particularly invested in its success, they sign up for plans with high out-of- As every middle-class parent—won- and I was very proud of it. As a result pocket costs. The Associated Press dering where money for the next den- of the Budget Control Act, government notes that ‘‘only 14 percent of Amer- tist bill or tuition payment will come spending has declined for 2 years—2 ican adults with insurance understand from—knows, America’s economy is years in a row—for the first time since deductibles and other key concepts of still struggling to recover from the last the Korean war. This was hard-won insurance plans, according to a study recession. Burdening any business— progress on the road to getting our Na- published this year in the Journal of particularly our Nation’s small busi- tion’s fiscal house in order. Health Economics. If people with insur- nesses, which are responsible for a ma- As I said, I fully appreciate the con- ance don’t understand it, it’s likely jority of the new job creation in this straints Chairman RYAN and Chairman that uninsured Americans’ grasp is country—is the worst possible thing we MURRAY faced in their negotiations, even fuzzier.’’ could do for our economic recovery and and there is clearly some good to be A family shopping on the exchanges for the millions of middle-class Ameri- said about their agreement. But we may snap up plans with relatively low cans searching for better jobs and op- should not go back on the agreement premiums without realizing that they portunities. we made under the BCA. are, in effect, purchasing nothing more Democrats and the President made Nonetheless, this has been a very im- than catastrophic coverage that may the American people a promise. They portant public debate. Unfortunately, leave them on the hook for thousands said: We will make health care more our colleagues on the other side do not of dollars in medical costs each year. affordable. As long as ObamaCare is in seem terribly interested in substantial So far, I have talked about the direct place, that promise will continue to be debate on this or any other substantive financial consequences of the Presi- broken, and middle-class families will issues this week, least of all dent’s health care law, but its effects suffer as a result. In fact, just recently, ObamaCare, which has been wreaking don’t end with higher premiums and when asked a question in an interview havoc on our constituents for months skyrocketing out-of-pocket costs. Mid- about the health care plan, Secretary now but which Democrats seem en- dle-class families will also take a fi- Sebelius said: tirely uninterested in discussing. In- nancial hit thanks to the damage There are some individuals who may be stead, for much of this week the Demo- ObamaCare does to businesses. looking at increases. I think you cannot crat-run Senate has decided to devote ObamaCare puts in place a slew of make a statement based on cost unless you its attention to pushing through nomi- new regulations, new taxes, and new compare what they had to what they are nations—nominations. They want to fees on businesses large and small. going into. spend time seating political appointees When faced with that, businesses will That was Secretary Sebelius saying at places such as the Department of In- have two choices: They can absorb the there are some individuals who may be terior—positions that, while they may costs of new taxes and fees, thereby re- looking at increases. I think that is the be important, are certainly not in any

VerDate Mar 15 2010 00:38 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.025 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8882 CONGRESSIONAL RECORD — SENATE December 17, 2013 way emergencies that need to be at- know this, and every American should we can spend that money in this year tended to right this second. know this: Members on my side of the and next year on nondefense and de- Meanwhile, out in the real world, aisle hear you loudly and clearly. We fense discretionary spending, and we millions of Americans will continue to are not going to give up this fight. No are going to promise to use the money suffer under a law they told Wash- matter how much the other side tries we save in Medicare in years 9 and 10, ington not to pass in the first place, a to distract the country’s attention, we outside the promised BCA 10-year win- law that Washington Democrats still won’t be fooled and we know you won’t dow which is already moving along. stubbornly refuse to change in any be either. What I want to raise is a deep and meaningful way. Our colleagues on the Look. The folks each of us were sent fundamental point. Medicare is already other side seem to think they have no here to represent—not the govern- in deficit. Medicare is already spending responsibility to do anything about the ment—should be the ones choosing more money to provide care for seniors impact of ObamaCare since the White plans that make more sense for their than is being taken in off people’s pay- House issued a press release declaring families. And when our colleagues on checks every week. But Medicare does partial victory—partial victory—in fix- the other side go around referring to have a trust fund. Medicare Part A ing the Web site. That is their whole insurance being lost as ‘‘junk,’’ that is does; it’s called the Hospital Insurance approach to this rolling disaster: Let beyond offensive to the people we rep- trust fund. Social Security also has a the White House dodge and deflect on resent. trust fund. People have that money any problem that arises until people There is a lot of ivory tower thinking come off their paychecks every week forget about the last one. Point the fin- that goes on in this city—way too when they go to work, and they be- ger at some bureaucrat or some Web much of it. It is time for our Wash- lieve, correctly in my opinion, they technician and basically do nothing. ington Democratic friends to finally have a right to receive those benefits We are now nearly 3 months into this climb out of the ivory tower and see in the future. national calamity, and what have the reality of their ideas in action, wit- They are not happy. They believe Democrats done about this national ca- ness the failure of their policies first- America is going on the wrong track lamity? Well, they have issued a lot of hand. It is time for Washington Demo- when we take that money and spend it, talking points and some halfhearted crats to drop their refusal to change therefore, jeopardizing the confidence apologies. They have mouthed nos- anything of substance in ObamaCare, they should have in retirement that trums about ‘‘private sector velocity.’’ and it is time for them to listen closely their Medicare and Social Security are They have waived laws for fear of the to the people who sent us here in the going to be in place. political impact of leaving them in first place. We know there are some deep prob- place. And there has hardly been any Here is what so many Americans are lems with Medicare and Social Secu- accountability for the massive con- saying. They want Democrats to start rity actuarially because people are liv- sequences faced by American con- working with Republicans to improve ing longer and there are more people sumers as a result of this failed law. In our Nation’s health care system in a retiring and we have to deal with some other words, they haven’t done much of positive way, to help us implement problems there. But what I want to say anything. They have treated this whole real, patient-centered, commonsense is, the worst thing you can do is to do thing like a public relations problem to reforms that can actually lower costs the things necessary to make Medicare get past rather than a real-life problem and improve the quality of care be- sound—tighten up payments to pro- for middle-class Americans to be cause we were sent here to solve prob- viders, perhaps; although there is a solved. They are engaged in daily bat- lems, not to make them worse, as limit at some point as to how much tle aimed at one overriding goal: Pro- ObamaCare does. you can do there—and do other things tect the law. Yet nearly every day we Let’s erase that mistake. Let’s get that make Medicare more financially hear more about its painful impact. rid of it and start over with real re- stable, but you should not see that sav- Since the October rollout, millions of form. Working together, we can do it. ings as something you can spend on a Americans have lost their insurance Madam President, I yield the floor new program. The entitlement pro- plans. More than 280,000 have lost cov- and suggest the absence of a quorum. grams that went into ObamaCare, the erage in Kentucky alone, and so many The PRESIDING OFFICER. The Affordable Care Act, $500 billion of that are feeling the squeeze of this law, clerk will call the roll. money that supposedly was used to folks such as Lana Lynch, a mom from The bill clerk proceeded to call the fund it was from Medicare and some Brandenburg, KY, who told me the an- roll. from Social Security too—saving nual out-of-pocket expenses for her Mr. SESSIONS. Madam President, I money in those accounts. family rose from $1,500 to $7,000 under ask unanimous consent that the order But those programs have trust funds. ObamaCare, and folks such as Barrett for the quorum call be rescinded. They have trustees. When they ran a Simpson from Sweden, KY. The PRESIDING OFFICER. Without surplus, as they had done for many dec- Barrett had a health plan he liked objection, it is so ordered. ades—but not now—when they were and wanted to keep, a $540-a-month Mr. SESSIONS. Madam President, I running a surplus, the money was policy that was, in his words, ‘‘perfect’’ would like to continue to raise a sim- loaned to the Federal Treasury and for his family. The folks responsible for ple point but a point of profound finan- they spent it. But the Federal Treasury ObamaCare apparently thought they cial significance to America. One of the owes it back to them. Now that both of knew better than he did about the things that has happened in the bill those programs are heading into steep needs of his family, so he lost it. Here that is before us is there has been an fiscal decline, they are calling the is what he had to say about that: extension in the 10-year BCA plan— notes, they are calling back the money [My] plan is being eliminated because of which was enacted 2 years ago; there they loaned. The trustees of those pro- the ACA, and the cheapest, closest plan will are only 8 years left—an extension of a grams know whom they represent. cost [u]s $1,400 next year. We can keep the 2-percent reduction in payments to They represent Social Security recipi- plan until the end of next year, but we will hospitals and doctors who provide serv- have to pick a new one. We don’t need the ents. They represent Medicare bene- extra coverage for maternity, for vision or ices through Medicare, treat patients, ficiaries. They are demanding their dental, but yet we will be forced to pay for and get paid by the U.S. Government. money, they are going to get it, and we it. So they were reduced 2 percent. are going to honor it. He continued: This is scored as a savings for the So what I am saying is we cannot These changes are absurd. Most people in country. In effect, it is perceived as a count that money twice. That is what this country who are content with what they savings that allows us to spend more Mr. Elmendorf, the Director of the had are now paying for what Obama is trying money somewhere else. That savings, CBO, told us on December 23, the night to do for a very few. as was done in this legislation, in- before the ObamaCare bill was passed Barrett closed his letter by asking volved the last 2 years—years 9 and on the floor of the Senate in 2009. He me to work to repeal ObamaCare. 10—of the 10-year window from today. said: You cannot count the money Well, Barrett and Lana should know It creates some money, they say, be- twice, and to suggest you are strength- this—in fact, every Kentuckian should cause we reduced Medicare costs and ening Medicare and simultaneously

VerDate Mar 15 2010 00:38 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.028 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8883 providing a source of money to spend be permitted to speak for up to 10 min- It’s so regular for us to say ‘‘You only live on the new ObamaCare program is dou- utes. once’’, but do you deeply understand that it’s ble counting. He used the words ‘‘dou- The PRESIDING OFFICER. Without real. What I’m trying to say is be fearless. ble counting.’’ objection, it is so ordered. Do things you always wanted to do. Never let How simple is this? My question to anyone hold you back. Enjoy this thing we REMEMBERING ERIKA ROBINSON call life while we can. People going to talk him, when he gave the letter—and I Mr. BLUMENTHAL. Madam Presi- regardless, so be you! asked him to put it in writing. I in- dent, over the weekend, the State of Forever, Erika Robinson. sisted he do that. He works for us, and Connecticut and the country and the May that legacy be forever. May that he did what he is supposed to do. He world commemorated with grief and legacy be with us forever and inspire us said: Even though the conventions of continued pain the first year anniver- to work as we have done on behalf of accounting might suggest otherwise, sary of the tragic massacre in New- the families of Newtown and as we you cannot simultaneously use the town. should be doing on behalf of the 10,000 same money to strengthen Medicare On the morning of Saturday—1 year other victims of gun violence since and fund ObamaCare. That is what he after the Newtown tragedy—I attended Newtown. said. a church service, a beautiful, moving, The victims are not only the victims So under our conventions of account- powerful celebration of faith at the St. who perished among those 10,000, they ing, we have what we call a unified Rose of Lima Church, whose pastor, are others who have been injured, such budget. The CBO does it both ways, but Monsignor Robert Weiss, has been such as the 5 who were injured that night the one we talk mostly about, the one a great friend to so many in the com- when the shooter at that nightclub in everybody focuses on, is the unified munity and such a source of strength New Haven was aiming for someone budget. So if Social Security is a little and comfort. else and sprayed gunfire that killed better off, it is assumed it is in the Later in the weekend, I visited with Erika, took her as a casualty but also same pot. Everything is in one pot. So the family of Erika Robinson of West injured others severely and trauma- anything that cuts the expenses of Haven, Connecticut, who was shot and tized countless others who saw or Medicare and Social Security to make killed at a nightclub in New Haven on watched or heard what went on in that them strong is utilized and considered October 26. This seemingly random act nightclub that night, an establishment to put more money in the pot to be of violence left Erika dead and five that was legally licensed by the State spent somewhere else. other individuals injured by gunfire. of Connecticut, legally licensed to en- What is happening to us now is the I have spent months and have been tertain people and charge for them unfunded liabilities in pension funds, grateful for the experience with the being there, an establishment that was retirement funds, Medicare, Social Se- families of those victims in Newtown. I the last place Erika Robinson knew. curity, and other accounts are reaching was equally grateful to spend this time Such a promising young woman at unprecedented levels, some say nearly with Erika’s family—Celeste and Greg the wrong place at the wrong time, a $100 trillion, and it is growing consider- Fulcher—at their home, and I want to woman who could have contributed so ably. This is the long-term threat to thank them for welcoming me to their much to New Haven, to Connecticut, to America. This is the thing that several home on that day. our country. This was a tragic loss for attempts have been made in recent Erika Robinson was only 26 years old her family that continues to honor her years to fix, to confront, to put us on a when she became a victim of gun vio- life with courage and strength and a sound path financially, but it has al- lence. She clearly was a person full of tragic loss for all of us and for the ways failed. People can blame every- joy and life and goodness for all of her thousands of people who came to her body, and everybody is subject to 26 years and including the day she per- funeral because she had already, in blame, I assure you. However, I do be- those young 26 years, touched so many lieve it is quite plain it will not happen ished. She was building a business, a cloth- unless the President of the United lives. ing line. As her business grew, a local We owe it to her and to her family States leads and participates and says: store started selling that line of cloth- that her legacy will be one of pro- I want to fix it. He is basically saying: ing. Those who knew her described her tecting others such as she, protecting We do not have a problem. We are others across America regardless of the doing fine. He is not willing to call on as hard working and driven. She was compassionate. Most re- neighborhood or the place in that the American people and use his bully cently, she released a special collection neighborhood, whether it is downtown pulpit to lay out the challenges we face in honor of Breast Cancer Awareness New Haven, an urban area, or New- in how we could put ourselves on a fi- Month. nancially sound path without destroy- town, a suburban neighborhood. It She had enormous potential. She did ing the country. should not matter where gun violence We can do that. We really can do everything right. She played by the is a threat. We should eradicate it ev- that. But it will take belt-tightening in rules. She stayed out of trouble, and erywhere. It should not matter who every aspect of our government, and she had the support of her two loving may be the victim of gun violence, everybody should share equally in the parents. what her background may be, her race, belt-tightening, not just a few, not just She was on track to fulfill the Amer- religion, anything about her. veterans, military people who have ican dream, and now her life, trag- Every human being, every person in served 20 years, and disabled veterans ically, has been reduced to a statistic, the United States of America is deserv- having their retirement cut, as this unless we make sure it is more than a ing of protection that our society legislation does. It needs to be some- statistic and that we work and fight to failed to give this young woman. We do thing where everybody participates in make her legacy one of helping to pro- a great disservice to our Nation when tightening the belt. We could get the tect others, helping to prevent gun vio- we fail to honor those individuals who country on a sound path. lence that takes victims like her who may not be in the headlines, who may But I want to register again—and I are simply in the wrong place at the not be from neighborhoods that we am going to continue to talk about wrong time, as she was that night in know but others that are unfamiliar to this because I think it leads to a false New Haven, when a shooter who was il- us. We owe it to ourselves, not just to impression. It leads to the impression legally in possession of a firearm—in Erika and her family but to ourselves we have more money than we have. fact, apparently on bail—turned to as a nation to do better and to make You cannot use Social Security’s take as a victim someone else in the America safer. She deserved better money, Medicare’s money to fund crowd that evening in the nightclub, from the greatest country in the his- ObamaCare, the Defense Department or and she became a victim that night in- tory of the world. We as citizens of nondefense discretionary spending. It advertently, unintentionally, and five that country deserve better and have is not possible to use that money others were wounded. an obligation to do better. So we will, twice. I have her picture here. Erika was I hope, leave a legacy for her in her I thank the Chair and yield the floor. more than a statistic. She was a per- name that speaks to a safer, better Mr. BLUMENTHAL. Madam Presi- son. Part of her clothing line was this America. dent, I ask unanimous consent that I small card she fashioned herself: I yield the floor.

VerDate Mar 15 2010 00:38 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.029 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8884 CONGRESSIONAL RECORD — SENATE December 17, 2013 RECESS of instability, of Third World-ness, to the I would like to give an example. In world’s oldest continuing democracy. We The PRESIDING OFFICER. Under 2012 military retirees and survivor ben- can’t even control our books. We don’t even efit recipients received $52 billion. In 10 the previous order, the Senate stands try. That’s my context for the Ryan-Murray in recess until 2:15 p.m. budget deal. years that will grow to $59 billion. By 2034 it will grow to $108 billion per Thereupon, the Senate, at 12:33 p.m., She continued: recessed until 2:15 p.m. and reassem- year. From 2001 to 2011 payments to Should it be passed? Yes, yes and yes. The military retirees grew by 49 percent. bled when called to order by the Pre- good things about it are very good. The idea siding Officer (Ms. BALDWIN). that Republicans and Democrats are capable Every penny of it is deserved. Every penny of it we are proud we gave them. f of coming to a budget agreement is good. The idea that they can negotiate and make But I don’t think there is any doubt MAKING CONTINUING APPROPRIA- concessions and accept gains is good. The that we are going to have to look at TIONS FOR FISCAL YEAR 2014— idea the U.S. government is able to produce this whole issue of the pay, benefits, Continued anything but stasis and acrimony is good. retirement, and all of that of members That we can still function even in the age of of the military in a prospective fash- The PRESIDING OFFICER. The Sen- Obama—good. ator from Arizona. ion. She noted: Mr. MCCAIN. I come to the floor to I am confident that one of the items [This] agreement moves us an inch or two speak in support of the 2-year bipar- taken up next year in the Senate in the right direction. Let me tell you what Armed Services Committee will be tisan budget agreement reached by that’s better than: It’s better than moving a Representative RYAN and Senator MUR- few inches in the wrong direction! And it’s what we are passing today, but it will RAY. I am pleased that the budget better than where we’ve been, in a state of be brought up in the context of all of agreement passed the House of Rep- agitated paralysis. the aspects of personnel costs in the resentatives with overwhelming bipar- Only weeks ago we all witnessed military today—keeping in mind that tisan support and that cloture was in- firsthand the impact a government we have an all-volunteer service and we voked in the Senate today. shutdown had on our constituents, and are proud and pleased of the fact that I understand there are many of my none of us wants to go through that we have America’s finest in the mili- colleagues on this side of the aisle who again. tary. are very unhappy with this deal and in- In my home State of Arizona, the im- But I can say for a fact that with this tend to vote against it. My only re- pact was very significant. Nearly lurching from shutdown to shutdown, sponse to that is I respect their vote, 500,000 visitors were turned away from these draconian effects of sequestra- but I would like to know what we do in Arizona’s national parks during the tion—and I know my colleagues know order to avoid another shutdown of the shutdown. Arizona lost about $33 mil- that in 2014 there will be a more severe government. The American people lion in visitor spending. At Grand Can- cut than at any time—these brave steadfastly reject a shutdown of the yon National Park, food banks had to young men and women are getting sick government. I have concerns about the rush supplies to 2,200 employees of the and tired of not being able to do their budget deal—I think everybody does— concessionaires inside the park who jobs, and the best and the brightest are because of the nature of the way busi- were furloughed or laid off. Arizona already making decisions as to whether ness is done. But to somehow vote spent about $500,000 in donations to re- to remain in the military. against it without an alternative to open the Grand Canyon for 5 days dur- I wish to mention one small aspect keep the government from shutting ing the shutdown. that I think is indicative. About 20 down lacks some intellectual integrity. The list goes on and on. years ago there was a very large influx My support and vote will be based on Our approval rating, I would say to of pilots into the civilian airlines as two important facts: my friends on this side of the aisle, and airlines began to expand rather dra- It will prevent another government our party’s approval rating plummeted. matically. That very large number of shutdown, which we cannot put the The damage was severe. pilots is now nearing retirement age. American people through or the people Now we have an agreement. I repeat There is going to be a dramatic de- of my State through again. to my colleagues who would vote mand for airline pilots, who, as we all It goes a long way in alleviating the against this—both on that side of the know, are very well paid. We are offer- devastating impact of sequestration on aisle and this side of the aisle—if you ing pilots $225,000 to stay in and fly air- our military. Have no doubt that the have a better idea, bring it up, let’s planes in the military. Do you know sequestration has had a devastating ef- consider it, and let’s vote on it because that the vast majority of these young fect on many aspects of our ability to the only alternative to this is a govern- pilots, these aviators, are not accept- defend this Nation. Don’t just talk to ment shutdown. Let’s not deceive our- ing that? One of the reasons they are our leadership but talk to the men and selves about why we are voting and not signing up is because a lot of times women who are serving. They don’t what we are voting on. they don’t fly anymore. They are not know where they are going to go next. I admit it is not perfect. I think it operating anymore, and they are The pilots aren’t flying, the ships has caused heartburn for all of us. One spending time away from their homes aren’t sailing, and the training is not potentially problematic provision—and and their families without being able being conducted. That is unfair to the it is problematic—would slow the to do what they were trained to do. men and women who are serving their growth of cost-of-living adjustments This is only a small example of the im- military, and I would remind us that for working-age—and I emphasize pact of sequestration on the military. all have volunteered to serve this coun- ‘‘working-age’’—military retirees. Let I wish all of my colleagues who are try in harm’s way. me point out that the COLAs for work- members of the Armed Services Com- This budget deal will avert another ing-age military retirees under the age mittee would listen to the testimony of government shutdown and reduce the of 62 will continue to grow after 2015, in our military leaders who tell us that impact of sequestration. It will reduce most cases more slowly than before. already they may not be able to defend The fact is that the chairman of the the deficit by roughly $23 billion with- this Nation in the most efficient fash- Senate Armed Services Committee— out raising taxes. ion because of the effects of sequestra- one of the most admired and respected Peggy Noonan is a noted conserv- tion. individuals in this Senate—has stated All I can say is that if I had written ative columnist who writes for the that we will review this provision, and this legislation—I think each one of us Wall Street Journal and served in the we will review it in the context of the individually would have written it dif- Reagan administration. She observed work that is already being done on the ferently, but we didn’t—the option of in a Wall Street Journal op-ed: Senate Armed Services Committee, shutting down the government and the [t]he government is now unable even to and that is a review of all paid benefits option of further damage inflicted by pass a budget, to perform this minimal duty. Instead, Congress and the administration and aspects of our military that, in the sequestration I hope would override the lurch from crisis to crisis, from shutdown to words of former Secretary of Defense problems we see with this agreement. I debt-ceiling battle. That gives a sense the Mr. Gates that these entitlements in want to promise my colleagues that I process itself is broken, and this lends an air the military are ‘‘eating us alive.’’ will work in every way with Senator

VerDate Mar 15 2010 01:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.031 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8885 LEVIN under his leadership next year— cause not everything the Federal Gov- is not in it—the extension of unem- remember, this COLA issue does not ernment does is worth everything else. ployment insurance benefits to the kick in until 2015—I will work with my If we are going to be making cuts, they long-term unemployed. In this econ- colleagues under Senator LEVIN and should be strategic. There are areas in omy, all of the economic data suggests Senator INHOFE’s leadership to review which we shouldn’t be making cuts at the extension of those benefits is not this provision in this bill as to whether all. We should be putting more money only good for the individuals, they are it is fair and whether it needs to be into the budget to do what is strategic good for the economy itself. The sug- changed. and what is necessary. gestion is the expiration of these bene- Again, I challenge my colleagues who So what we have done with this budg- fits could cost the country 200,000 to will come to this floor and speak et deal is we have taken a step back to 300,000 jobs. That is a weakness in this against this agreement to tell me what regular budgetary order to give cer- proposal. we can vote on and pass to prevent an- tainty to the economy and to give cer- An additional weakness is the way other government shutdown, and then I tainty to our planners who work for we have dealt with the cost-of-living will be pleased to support it. the Federal Government. And while we increase for military retirees pre-age 62 I yield the floor. are not replacing all of sequester—and who are not disabled. I don’t agree with The PRESIDING OFFICER. The Sen- how much I wish we were—we will do a that compromise provision. It requires ator from Virginia. lot to reverse some of its worse effects. a reduction in the cost-of-living in- Mr. KAINE. I also rise today to talk The budget deal is good in a number crease for certain military pensions. about the Bipartisan Budget Act of 2013 of ways. The Senate budget that all those cur- and to echo many of the reasons for It replaces $63 billion in sequestra- rently in this Chamber worked so hard supporting that budget that were just tion cuts scheduled to go into effect in on to pass in March did not contain spoken about by my colleague from Ar- the next fiscal years—2014 and 2015— that provision. It was not the way we izona. and replaces those nonstrategic cuts felt we should be dealing with the This is the first Budget Conference with a targeted mix of responsible Committee in a divided Congress since budget. Obviously, we liked the Senate spending reductions and new fees and 1986, and compromise leaves every side budget, and we found a way to replace revenue. with something they like and some- sequester without making this change It increases the top-line discre- thing they don’t like, but it is what to military pensions. But it was added tionary spending level for fiscal year Americans expect us to do. during the conference in order to find 2014 to $1.012 trillion and $1.014 trillion I applaud Senator MURRAY, our Sen- compromise with the House to move ate budget chair, for her leadership in 2015. forward. Compromise is necessary be- It provides budget certainty for 2 since our very first Budget Committee cause absent compromise the very meeting in January 2013. I applaud years. This is something many of us in folks who will be affected by this par- State governments, who have State Congressman RYAN, the chair of the ticular change will also be affected, be- conference committee, for his work government experience, have long em- cause we have seen sequester and shut- with his House colleagues. I was proud braced—the virtue of 2-year budgets, down and furloughs affect military em- to be a part of the Budget Committee which are common at the State level ployees. We have seen it affect military in this conference. because they provide more certainty. operations, and so the alternative of Americans want us to find a budget Under the agreement defense cuts of brinkmanship and shutdown is no bet- compromise to restore some certainty an additional $20 billion that were ter for our retirees than this provision. in a way that will help families, help scheduled to take effect in January We have heard from Secretary Hagel businesses, and help our economy. will not go into effect, and we will find and Chairman Dempsey that they are The day that I was sworn in as a Sen- ways to restore funding and avert se- supportive of the overall framework of ator, before I took the oath of office, I quester cuts to nondefense accounts as the deal and it will help them address was interviewed by a radio station in well. military readiness challenges. I am Virginia. They asked me what were the The bill will let Chairwoman MIKUL- pleased Senator LEVIN, the chairman of two things I wanted to do most imme- SKI and appropriators write full appro- Armed Services Committee—a com- diately as a Senator. Only last week I priations bills to reverse the cycle of mittee on which I serve—has signaled was reminded what I said. I said: I widespread continuing resolutions. his intention to review the COLA pro- want the Senate to find a budget that Many folks in the Federal Government visions in the Armed Services Com- will be a budget for all of Congress, and tell me that as damaging as sequester mittee next year, since it will not be I want to end sequester. is, a continuing resolution—that locks scheduled to take effect until 2015. I have done a lot of budgets as a Gov- in line items at the level of last year or I am also disappointed that new Fed- ernor and a mayor. It was challenging the year before that, instead of allow- eral employees will be targeted for in- for me to understand how in February ing flexibility to deal with these situa- creased pension contributions. We have we were here without a Federal budget tions—is just as dangerous. So our ap- now increased those contributions in a but on the verge of embracing nonstra- propriators can now write full-year ap- somewhat tiered level for new employ- tegic across-the-board sequester cuts in propriations bills for fiscal year 2014 ees twice in the last 3 years. But again, a way that would hurt so many prior- and 2015. while that compromise is challenging ities Virginians care about. With budgetary certainty, our De- for those newly hired Federal employ- I gave my first speech on the Senate partment of Defense will be able to ees, the alternative is more chal- floor in February to urge my col- plan and strategize for the future, as lenging, because we can’t keep going leagues to avoid sequester. In the will our domestic agencies. We will through the uncertainty of shutdowns months since, I have visited Virginia fund critical readiness issues. We will or furloughs. It wouldn’t be fair to shipyards, research universities, and allow the Navy in Virginia to continue those employees for us to do that. early childhood education centers and to work on ship building and repair, So again, we have replaced a portion have seen the effect sequester has on which is so critical and, above all, we of the nonstrategic cuts, and that is Virginians, on Americans, and on our can show the American public that the way we should go going forward. I economy. Congress can work together in a bipar- will continue to work to get rid of the I am acutely aware of the budget im- tisan way, which is what we are all try- rest of sequestration and replace it passe and continuing challenges that ing to do and what the American public with similarly targeted strategies. are imposed upon this economy by gim- asks us to do. For those reasons I urge my col- micks such as sequester, and the ab- We do know, as Senator MCCAIN and leagues to support this deal. While I sence of a budget for 4 years com- all have mentioned, like any com- wouldn’t agree with all items in it, pounds those things. We have seen the promise this budget compromise is not that is like any compromise I have harm sequester has done to so many of perfect. I would put on the top of my ever engaged in in my life. All of us the priorities we care about. list as the most grievous challenge who are part of a group—from the Sen- No manager would embrace indis- with the budget compromise not some- ate of the United States to families— criminate across-the-board cuts be- thing that is in it but something that know that if you are part of a group, it

VerDate Mar 15 2010 01:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.033 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8886 CONGRESSIONAL RECORD — SENATE December 17, 2013 is not always your way or the highway. dation of our economy; that our job as tributions of the people who work in You have to give and expect others to elected officials is to do all we can to our daycare centers, educate our kids, give as well, and that was an important ensure that all working Americans care for our elderly in the twilight of aspect of this compromise. have a decent shot at the American their lives? What about their value? I will say in conclusion that another dream. We used to agree that if some- I wish the people who are pushing aspect of this deal I like very much is one worked hard and played by the this harsh rhetoric would talk to Ter- that it has unified the Virginia con- rules, they should be able to earn rence, a father of three in Kansas City, gressional delegation. There are 13 of enough to support their family, keep a MO. He works 50 hours a week. Don’t us, 11 in the House and 2 Senators. roof over their head, put some money lecture him about working. Fifty hours There are 8 Republicans and 5 Demo- away for a rainy day, and have a secure a week, two jobs—one at Pizza Hut and crats. We get along well and work to- retirement. We used to agree that if one at Burger King—to try to make gether well, but there aren’t many one loses their job through no fault of ends meet. He can barely insure his 15- issues like this—big policy issues— their own, especially at a time of year-old car or purchase shoes for his where all of us agree. In the House last chronically high unemployment, they three girls. Last year, he lost his week, all 11 Members of Congress of should have some support to get them house. He told the Washington Times: both parties voted for this budget com- through the rough patch while they are We work hard for companies that are mak- promise. Senator WARNER, as a budget looking for new work. We used to agree ing millions. We’re not asking for the world. conferee, together with all of us in the not too long ago, on both sides of the We want to make enough to make a decent living. We deserve better. If they respect us Chamber right now, are supporting this aisle, that no child in this country and pay us and treat us right, it’ll lift up the budget compromise. I am glad my col- should go to bed hungry at night. I say whole economy. leagues from Virginia have pulled to- both sides. I remember McGovern and I will bet Terrence never got a degree gether, and I think it is a tribute to the Dole, Dole and McGovern, and the in economics, but he says it better and fact we have all seen the impacts that great work they did on hunger in understands it better than a lot of the budget uncertainty and sequester America. these economic thinkers down at our In recent years, it has been alarming have caused. I am glad we seem to be big banks and these economic think to see how these fundamental prin- on the verge of providing that sense of tanks. certainty that will be good for the pub- ciples and values are being attacked in They should speak with Edward, a fa- lic and good for the economy. our public discourse. For many, the ther in Illinois. Both he and his fiancee With that, I yield the floor, and I new attitude is: You are on your own. earn the minimum wage. He said: suggest the absence of a quorum. If you struggle, even if you face insur- We have three children and our paychecks The PRESIDING OFFICER. The mountable challenges, well, it is prob- combined barely cover the necessities like a clerk will call the roll. ably your own fault. roof over our heads, gas and lights, and The legislative clerk proceeded to It just seems to me that there is a clothes for the kids. We wouldn’t be able to call the roll. harshness in our land, a harshness that make it without government assistance like Mr. HARKIN. Madam President, I I think of as sort of borne of a benign food stamps and a medical card. There is ask unanimous consent that the order neglect toward those Americans who constant stress because we are living pay- for the quorum call be rescinded. have tough lives, may be ill-educated, check to paycheck and never have enough The PRESIDING OFFICER. Without marginally employed or they are just money. Everyone needs help sometimes, es- pecially since the economy is so bad and it objection, it is so ordered. down on their luck. It used to be we has made life even harder for working peo- Mr. HARKIN. Madam President, I only heard harsh rhetoric such as that ple. This isn’t about needing more money for want to take the floor today because I from radio talk show partisans trying luxury things, we need a raise in the living am very disturbed by the apparent to get their ratings up. Sadly, it has wage in order to survive. shift in attitude by many elected lead- now become a part of our everyday Edward and Terrence clearly are not ers, including some in this body and in conversation, even in the Congress. lazy. They are doing exactly what we the House—the attitude towards people We hear how minimum wage workers might expect them to do, what we have who do the work that makes this coun- don’t deserve a fair increase because told them they must do to make it in try run. They do not sit behind desks. they are just not worth $10.10 an hour. this country. But they are slipping fur- They do not wear coats and ties every We hear that unemployed workers ther and further behind, through no day or wonderful clothes. They do not should be cut off from unemployment fault of their own. sit in air-conditioned offices. They do insurance because they are becoming The fact is our economy has changed. not clip coupons. They just do hard ‘‘dependent.’’ At a time when there are It is not working for many families work. They are the people you run into three job seekers for every job, we hear right now. We can’t stick our heads in every day when you go into the local it is critical to take away food assist- the sand and pretend it is not true. We coffee shop and you order your latte. ance from millions of individuals so shouldn’t suggest it is Edward’s and Maybe you see them when you go out that, supposedly, if we take away their Terrence’s fault or that their kids and have lunch at a restaurant or you food and take away their unemploy- don’t deserve to eat or to wear shoes. hail a taxi. Maybe you get on a bus or ment insurance, they will now some- We as elected officials have an obli- the subway. Maybe now, since it is how learn the redemptive power of gation to recognize the fundamental near Christmas time, you go to a de- work. As if young mothers working truths about the challenges working partment store to do your Christmas service jobs, laid-off factory workers families face in America. We have a shopping, and it is that person stand- delivering newspapers, unemployed duty to support policies which will help ing behind the counter. families receiving SNAP benefits—that these families both weather the con- You think that person is only there somehow they need to be lectured by tinuing economic storm and also build for you when you go in there to buy Members of Congress about work. a brighter future for their children. your Christmas present. Think about These people know what it is like to First, we have to acknowledge the it. She has probably been standing work. truth that while we are slowly moving there all day long, and after you get What happened to our respect—our in the right direction, the economy has out of there, she is still standing there respect for the people who do the work not recovered, especially for those at to wait on somebody else. and want to work in our country? What the bottom of the economic ladder, the That is who I am talking about. They happened to our values, basic moral Edwards and Terrences and others. are not the big wheels in our society. truths that people shouldn’t go hungry Jobs are still scarce. Four million peo- They never thought of themselves as in the richest country in the world? ple have been pounding the pavement being big wheels, but they are the cogs Whence comes this harshness of ours, for at least 6 months looking for new and the inner workings that make our reminiscent of the late 19th century work. There are three job seekers for country run. workplace in America? How did we get every job. Our economy is still millions There used to be fairly universal to the point where many of us value of jobs short of what we need. agreement that these people are the the work of day traders pushing paper In the past when the job market was backbone of this country and the foun- on Wall Street, but we ignore the con- this challenging, politicians on both

VerDate Mar 15 2010 01:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.034 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8887 sides of the aisle agreed the Federal Why? Because there is only one way hours a week. That was it. There was Government had an obligation to step you can collect unemployment insur- no exclusion for mothers with little in and help the long-term unemployed ance benefits. That is, No. 1, if you kids. while they are struggling to find work. have worked and paid into the system. The House bill meant that mothers In fact, the current Federal Unemploy- So you have already earned the right with young children still in diapers ment Insurance Program was put in to access the insurance you paid for. could be cut off from the SNAP pro- place in 2008, under a Republican Presi- Secondly, you can only collect on the gram even if they don’t have affordable dent, George W. Bush, and we did it insurance if you are actively looking childcare. Imagine that—forcing a when the unemployment rate was 5.6 for a job. mother to choose between employment percent. Today the unemployment rate So contrary to the statement of my and safe child care for her child. That officially is 7 percent. We know it is colleague from Kentucky, it is not a is harsh. higher. That is the official rate. But disservice to provide this meager ben- As I said, this is not realistic. We al- unofficially, if we include folks who efit to the long-term unemployed, a ready said there are three job seekers want to work full time but can only benefit which they have earned. The for every job, and 48 States have a find part-time work, those who have only disservice is to float this absurd waiting list for our largest training given up actively looking for work, the myth that jobless Americans want to program, the Workforce Investment rate is actually 13.2 percent. That is be unemployed. I think it is offensive Act. Are we going to tell a young the real unemployment rate in Amer- to suggest they are lazy and don’t want mother with a child who can’t get ade- ica. to work. To me, it is morally repug- quate childcare that she has to be in a So given that the unemployment rate nant to conclude that they will some- job training program? The lists are so remains high in many parts of the how be miraculously better able to find long that you can’t get in. Are we then country, my colleague Senator JACK a job if we simply let their kids go hun- going to tell her that she has to work? REED and I have introduced a modest gry. There are three job seekers for every proposal to extend the current system That same harsh kind of thinking job. What is she going to do? of federally funded extended unemploy- has also crept into our national debate Never mind reality. Somehow Repub- ment insurance until the end of 2014. It about the most fundamental aspect of licans seem to think that denying food is vitally important that we do so be- our social safety net—food assistance. assistance will magically make people cause it is going to expire in 2 weeks. Millions of American families depend find jobs despite the fact that jobs Almost 5 million American workers upon the SNAP program, the Supple- don’t exist. Getting people into the will exhaust their State unemployment mental Nutrition Assistance Program. workforce will require a stronger, insurance and lose their last lifeline It is what everybody thinks of as food growing economy with real jobs and before the end of next year. We are stamps. Such a basic thing, having strong job-training programs that real- their last lifeline. They are counting enough to eat, in this country. Again, ly will help people get ahead. Pro- on us. How can we think about turning many of these people are in working moting draconian cuts to SNAP pro- our backs on them? families. grams under this benign-sounding work But instead of joining a call to ac- In 2011, 41 percent of SNAP partici- label does not make the effect any less tion, some of my colleagues on the pants lived in a household where some- harsh. other side of the aisle are actually sug- one was working. Over the last several What we have seen in recent years gesting that an extension of unemploy- years, my Republican colleagues have with respect to the SNAP program are ment insurance will hurt jobless Amer- sought again and again to slash food not concerted and sincere efforts to icans. I was rather shocked when I assistance for these families. help people leave the SNAP programs heard this from our colleague from The House-passed farm bill, engi- because they have gained employment Kentucky, Senator PAUL, on a Sunday neered by Republicans in the House, or because our economy is get strong- talk program. Here is what he said: proposed cutting food stamps by $40 er; quite the contrary. Many Repub- When you allow people to be on unemploy- billion over the next 10 years. Contrast licans want to eliminate food assist- ment insurance for 99 weeks, you’re causing that to what we passed in the Senate. ance for families without regard for the them to become part of this perpetual unem- Under the leadership of Senator STABE- true nature of the economy or the ef- ployed . . . group in our . . . economy, and NOW, we passed a farm bill which made fect on those families. In addition to . . . while it seems good, it actually does a some cuts over 10 years of a little over acknowledging the fundamental eco- disservice to the people you’re trying to $4 billion. That was supported by most nomic truth that our job market has help. people on both sides of the aisle. The not adequately recovered—and for A disservice? I don’t understand this House bill was only supported by the many Americans, programs such as un- kind of harshness for people who are Republicans: Forty billion the Repub- employment insurance and food stamps out of work, who have paid into unem- licans wanted to cut versus $4 billion in are essential to basic survival—we also ployment insurance and they are seek- the Senate. That would have cut 3.8 have an obligation to face another, per- ing now to get their insurance pay- million individuals from the SNAP pro- haps even more alarming, economic re- ments. First of all, this 99 weeks is not gram next year. ality. For those at the bottom who are quite right. The maximum is 73 weeks, Other parts of their proposal would working and playing by the rules, it is and that is only for those who have have cut off food stamps and benefits not enough. been unemployed the longest and it is in the future for some of the poorest Hard-working people who are work- only in two States. Only two States adults, many of whom SNAP is the ing full time—sometimes multiple have 73 weeks. Those are the two only income assistance they have or it jobs—are not getting paid enough to States with the highest unemployment would result in throwing 210,000 chil- make ends meet. Full-time workers are rates. The rest of the States have ac- dren out of their free school meals pro- living in poverty. Families are living cess to, at most, 63 weeks. In my State, gram, raising the level so low-income in poverty. They go to work every day. Iowa, it is only 40 weeks, not 99. kids would be cut out of their free This is a fundamental failure of our Secondly, unemployment insurance lunch program. economy. It is something I believe we is a desperately needed program. Let’s Yet another provision the House Re- have a moral obligation to address by be clear, unemployed workers are not publicans put into their bill would have fixing and raising the minimum wage living high on the hog on these insur- provided strong financial incentives to in America. ance payments which average about States to kick people off the SNAP I have introduced a proposal that I $310 per week nationally. If you are on program. The House farm bill would have worked on for a long time with it for 1 year, that averages about allow States to cut off SNAP benefits Congressman GEORGE MILLER in the $15,000 per year. There are some that to most adults receiving or applying House—the Fair Minimum Wage Act. It are less than that. Mississippi, for ex- for SNAP, including parents with chil- would gradually raise the minimum ample, is $193 a week. The truth is they dren as young as 1 year old, if they are wage from $7.25 an hour, where it is are barely subsisting, barely hanging not working or participating in a work now, to $10.10 an hour, then it would on, not sitting around watching TV. or training program for at least 20 link the minimum wage to the cost of

VerDate Mar 15 2010 01:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.035 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8888 CONGRESSIONAL RECORD — SENATE December 17, 2013 living in the future. It would be in- sophisticated empirical economic re- only $2.13 an hour to tipped workers. dexed. search conducted over the last 2 dec- So rather than supplementing wages, We would also provide a raise in the ades has shown repeatedly that min- tips have actually, over the last 20 minimum wage for tipped workers, imum-wage increases do not cause job years, replaced wages, which is inse- which has not been done in more than loss—not generally, not among teen- cure for workers. It often leaves them 20 years. agers, and not among restaurant work- in poverty. There is no predictability Let’s look at what happened to the ers. when counting on tips. Often workers minimum wage. If we kept the min- In short, history shows us time and go home with only tips because tax de- imum wage at the same level when ad- again that despite all the cries of doom ductions canceled out their cash wages. justed for inflation, and made that ad- and gloom from richly paid lobbyists This is an actual copy of a real check justment based on the minimum wage and well-funded trade associations, made out to a restaurant worker in the for 1968, which was a pretty good eco- there is simply no real negative eco- District of Columbia. It is a paycheck. nomic year, the minimum wage today nomic consequences from an increase The check date is 8/5/2013, and it says would be $10.75 an hour. It is now $7.25 in the minimum wage. To the contrary, $0.00. This is made out to a real person. an hour. the benefits are enormous. She got a paycheck for $0.00. Why? You wonder why there are more peo- The Economic Policy Institute esti- After they took out her withholding ple on food stamps. Look at what’s mates that our bill would pump an ad- and FICA taxes, she didn’t make happened. By the way, these are people ditional $22 billion into the gross do- enough to get paid. Some people might who are working, and they are people mestic product, thereby supporting say, well, she got tips. Maybe. But any- you see every day. You see them every 85,000 new jobs, and giving workers an one who gets tips can tell you one day day when you go in to get that coffee, additional $35 billion to spend over the they are up and the next day they are go to that lunch counter or that de- 3 years of the implementation, and, of down. Sometimes they are good; some- partment store. You see these min- course, more beyond that. times they are not. imum-wage workers every day. If you Fourteen million children in America How do you budget on that? That is have daycare for your kids, you prob- will have a parent who gets a raise be- like saying the Earned Income Tax ably see them there too. cause of increasing the minimum wage. Credit. I have already pointed out the Again, if we kept at this level, that Again, this makes a real difference in fallacy of that, but that only comes a family making minimum wage would people’s lives. They are not going to year later. I am talking about—how do have an additional $7,000 every year to the Riviera. They are not taking vaca- you live from paycheck to paycheck spend on necessities. It is no wonder tions to the beach. when your paycheck is zero? You can’t that working people turn to the safety Fifteen million women, 13 million make plans based on your budget, and net. In fact, a recent study found that men, 4 million African-American work- you can’t raise a family based on it. No taxpayers have to pick up the tab for ers, 7 million Hispanic workers, and 7 one who works for a living should come millions of working families who are million parents will get a raise. It is home with a paycheck that says $0.00 getting minimum wage. We have to going to make a real difference in their when they have worked over 40 hours a pick up the tab to the tune of about lives. week. $243 billion a year. Why? That is what A boost to $10.10 would mean an extra My bill would establish a fair balance we pay for food stamps, Medicaid, and $6,000 a year. Think about what that between wages and tips by slowly—over the Children’s Health Insurance Pro- would mean for someone who is mak- 6 years—lifting the base wage for gram, the Earned Income Tax Credit ing the minimum wage, which puts tipped workers from $2.13 an hour to 70 Program, and Temporary Assistance them at $14,000 to $15,000. After 3 years percent of the minimum wage. That is for Needy Families. Taxpayers are of implementation, they would get more in line with how the wage for picking up the tab to the tune of about $6,000 more a year, which amounts to 7 tipped workers worked in the decades $243 billion. months of groceries, 6 months of rent, that have since passed. If you want to say who benefits from 1 semester at a 4-year public university The National Restaurant Association an increase in the minimum wage, it is or 1,600 gallons of gas. That is a real claims it can’t afford to raise these not only the people who are making difference. wages. They say that every time we the minimum wage, taxpayers will ben- I have heard some say that they propose raising the minimum wage. efit too because a lot of this would fall think the Earned Income Tax Credit The National Restaurant Association by the wayside because people wouldn’t should be the answer to the problem of opposes any minimum wage increase at qualify any longer for the safety net low wages. What this overlooks is that any time. But they can afford it. programs. the Earned Income Tax Credit only In fact, the last minimum wage in- Businesses will benefit too. The big- helps families with children. Childless crease from 2007 to 2009, which meant gest problems for businesses—espe- adults who work full time at the min- raises for workers such as bussers, cially small businesses—is the lack of imum wage actually earn too much to kitchen staff, and others who don’t reg- consumer demand and poor sales. If qualify for the Earned Income Tax ularly receive tips, didn’t hurt the in- you put money back in the pockets of Credit. The minimum wage is not dustry. But they said so at the time. low-income workers, that will be a enough for a single person to survive Here is what they said in 2007. When we boon to small businesses, and it will be on. were here debating an increase in the a boon to businesses on Main Street be- Moreover, just relying on the Earned minimum wage, here is what they said: cause that is where they will tend to Income Tax Credit would simply shift ‘‘A minimum wage increase will cost shop. more costs to the taxpayers rather our industry jobs.’’ Many of these low-income workers than requiring employers to pay a fair That is what they said in 2007. don’t drive out to the suburbs. A lot of wage. It would actually incentivize em- Flash forward to 2012. Here is what them don’t go online and buy at ama- ployers to pay even less in wages, even the restaurant industry said: ‘‘The res- zon.com, but they will go to their to workers who don’t qualify for EITC. taurant industry not only provided neighborhood stores, and that is where The minimum wage raise we are pro- much-needed job growth during the they spend their money. posing is particularly important for sluggish last decade, it also is poised to In a poll earlier this year two-thirds millions of tipped workers. They will post steady growth well into the fu- of small business owners said they sup- receive a raise for the first time in 22 ture.’’ port raising the minimum wage be- years. Workers who receive tips will They can’t have it both ways. This is cause they know it will help increase get a raise in their base wage. These in- the truth, that they provided job consumption and reduce pressure on clude not only restaurant servers, but growth during that time. More power taxpayer-funded public benefit pro- also nail salon workers, pizza delivery to them. But don’t come and tell us grams. drivers, coat checkers, parking attend- that an increase in the minimum wage We always hear the claim that if you ants, and many more. and an increase in the minimum wage raise the minimum wage, it will cost Right now, under our current Federal for tipped workers is going to cost jobs. That is just not true. The most law, employers are required to pay them jobs. That just doesn’t hold.

VerDate Mar 15 2010 01:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.039 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8889 I will close with one more statement be as fortunate as we are. I hope when know; some with the bureaucracy, from a real worker whose life will be we come back we will support a strong some not, all stopped and generally improved if we step up and support the food assistance program, a deserved said the same thing: Finally, it is people who work in our country. She and long overdue increase in the min- about time. has a lesson for us. Jackie Perkins imum wage, and an extension of Fed- So when I voted earlier today to shut works at a restaurant in Denver, CO, eral unemployment insurance, and let’s off the debate or end the debate and and she says: have a new year that is filled with less bring to a final vote a vote on the bi- You are talking about real people. You sit harshness and a little bit more compas- partisan budget agreement, I voted in in your ivory tower in the legislature and sion and understanding for our fellow favor of it because it is the right thing talk about economics, numbers, jobs, but Americans. to do at the right time. When the final what you don’t understand is there are real I yield the floor. vote comes in the next 30 hours, I will jobs and real workers who have families that The PRESIDING OFFICER (Mr. vote for it again. I want to give three they need to support, and raising the min- imum wage helps me support myself and my MANCHIN). The Senator from Georgia. precise reasons why. family and to advance and to achieve the Mr. ISAKSON. Mr. President, I see No. 1, I have been the voice of a bien- American dream. the distinguished Senator from Wash- nial budget in this Congress for the So I believe in Jackie’s dreams and ington on the floor who I assume wish- last 15 years and in this Chamber for those of all of these hard-working es to speak; if not, I ask to be recog- the last 9. I have talked about how we Americans, as I said earlier, who make nized for up to 5 minutes and then I need to bring more predictability and the country work, who make it oper- will yield to the distinguished Senator more continuity to the budget process. ate. As we look ahead to the Christmas from Washington. I have spoken about how we can’t con- season and the new year, I hope all my The PRESIDING OFFICER. Without tinue to pass CR after CR after CR colleagues will take time over the holi- objection, it is so ordered. which, on its face, is an admission we days to think about all the blessings Mr. ISAKSON. Mr. President, last cannot do our job. we have been given and all that we Friday I left this Chamber with a fold- JEANNE SHAHEEN, the distinguished should be thankful for. I hope we put er containing most of the information Democratic Senator from New Hamp- ourselves in the shoes of these working from the Ryan-Murray comprehensive shire, and I have coauthored the bien- people who just want to build a better agreement on the budget. I left with nial budget proposal. This is a biennial life for themselves and their children. the ringing of suggestions in my ear budget taking us through 2015, giving Think about the minimum wage retail from some colleagues on the floor that us predictability. That is something we worker we see when we go into the it wasn’t enough, it didn’t do enough, need to take advantage of and build on store to shop for that Christmas and that we didn’t need to pass it. But into the future and replicate over and present, who works hard running that inside me I had that little voice of con- over as we bring more continuity to cash register, standing on her feet all science all of us get from time to time the budget process. day, and she can’t even afford to shop that said the time was right to do what No. 2, yes, I know there are a couple in her own store. Think of the unem- was right. of pension tweaks and, yes, I know ployed worker who must go to the local So on the airplane back to Atlanta, I there are some savings in a couple of food bank because he can’t find a job. read the entire agreement. Then, when pension tweaks. But we are going to The food stamps have run out and he I spent the weekend at home while have to do a lot of tweaking in terms of can’t afford that nice big turkey and doing Christmas shopping, going out long-term entitlements over the next all the dressing and everything else for with grandchildren and talking to my few years if we are ever going to rein in Christmas dinner. wife, I also listened to the people of the spending. Our biggest problem is I will close where I started. We have Georgia. I listened to what they said, not nearly as much as what we spend in to stop being so harsh and having these and there were some remarkable things discretionary spending in 1 year as the harsh attitudes toward people at the that happened this weekend. At church obligation and the mortgage we are ac- lower economic end of the spectrum. on Sunday following a cantata—and cumulating over decades. This par- They have value too. Their lives have usually I am accosted at church by ticular proposal will save $22.6 billion value. Their work has tremendous people who have all kinds of various over the next decade but $100 billion value. The country couldn’t exist, suggestions about what I should or over the decade to follow because it ac- couldn’t operate without people such should not be doing—but I was remark- cumulates and it compounds and those as they. ably surprised by how many people savings on entitlement programs can So let’s refine our public policies to came up to me and said: Thank good- make a tremendous difference. be a little bit more considerate, a little ness you all have finally found an No. 3, and most important, we stum- bit more compassionate, a little bit agreement with predictability on the bled and fell last October when we de- more understanding of the tough lives spending in our Federal budget. I re- cided to shut down the government some people have in our society. Let’s ceived not one negative comment. rather than do our job. I commend Sen- have a compassion that is borne of an I left church, went to lunch, and then ator MURRAY and I commend PAUL understanding that we are so privileged went shopping at the mall where I was RYAN. I want to refer to my colleagues to live in the richest country in the stopped three or four times by people— a conversation PAUL RYAN and I had on world. We can afford to make sure peo- some Democrats, some Republicans; Saturday via cell phone. I was at ple have enough food to eat. We can af- some I knew, some I did not—again, Mount Bethel Methodist Church in the ford to make sure people who are un- the same comment: Finally, you guys gymnasium watching my 8-year-old employed get unemployment insurance have gotten your act together and you granddaughter play basketball. He was benefits next year. We can afford that. have gotten a bipartisan agreement on in Wisconsin watching his daughter We can afford to increase the minimum the budget. play basketball as well. He called me wage. We can afford these things, and I went to a dinner party with a lot of on my cell phone and we talked for we will be a better country socially and partisan activists Sunday night. Al- about 15 minutes, not as much about economically if we do so. though there was some grumbling the budget proposal as about my grand- We have a duty, I believe, to put our- about not getting this or that, there daughter and his daughter, recognizing selves in their shoes. We have a duty to was some relief that we weren’t going that if we fulfill our responsibility as make sure people who do the work such to go through what we went through on representatives of the American people as that in our country get a fair chance October 1 and the threats we have gone in this Congress this year, if we begin to aspire to the American dream. through in the past about government the process of predictability in appro- So I hope we all have a good holiday shutdowns and the failure of our gov- priations and budgeting, and if we can season—Christmas and New Year’s ernment to function. begin the process of recognizing our en- with our families and our friends. I Then I got on the plane to fly back to titlements are running away from us hope we take time to pause and reflect Washington yesterday morning and, and that our debt and deficit will kill also, as I said, on our blessings and our once again, members of the military, us, maybe—just maybe—instead of obligations toward people who may not people I did not know, people I do being the first generation of American

VerDate Mar 15 2010 01:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.041 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8890 CONGRESSIONAL RECORD — SENATE December 17, 2013 politicians to leave our children and in Iran, a fellow who he was seeing on But there is somebody else who is grandchildren worse off, we will be the Kish Island—saw him taken by Iranian using the Death Master File too. It is first generation of American politi- authorities. the criminals who are stealing identi- cians who returned to the sanity of fis- It is no secret that all levels of the ties, including especially the Social Se- cal soundness, biennial budgeting, and government, including their Florida curity number. When that is posted on- accountability in the way we do our Senator, have reached out to the Ira- line, they are using it fraudulently. business. nian Government over the years, in- What are they doing? They are filing I vote for that, and I will vote for the cluding the President of the United an income tax return. They are uti- Ryan-Murray budget tomorrow when it States when he spoke to the newly lizing somebody else’s identity—in this comes to the floor of the Senate. elected President of Iran when that case easily accessible, the Death Mas- I yield back the remainder of my United Nations meeting occurred in ter File—creating a false return and time and defer to the Senator from September. getting a tax refund. Washington. I have spoken within the last couple You may find this hard to believe, Mrs. MURRAY. I suggest the absence of days to the Iranian Ambassador to but this actually happened in Tampa, of a quorum. the United Nations and reiterated the FL. Street crime—hijackings, stickups, The PRESIDING OFFICER. The plea of those of us on a humanitarian burglaries, dope dealing—actually clerk will call the roll. basis for this family to be reunited dropped because the criminals found a The assistant legislative clerk pro- with their loved one and have offered new way of being able to steal people’s ceeded to call the roll. to the Ambassador, if it would in any money. They did it with a laptop in- Mr. NELSON. Mr. President, I ask way help, that I am willing to go to stead of with a crowbar or a gun. unanimous consent that the order for Iran if in any way it would secure his Street crime actually reduced because the quorum call be rescinded. release. If the Iranian authorities took the criminals have found a new way. The PRESIDING OFFICER. Without him, somebody in the Government of They would steal people’s identities objection, it is so ordered. Iran knows of his whereabouts. in many different ways. They would go Mr. NELSON. Mr. President, I am I will conclude by saying that for the to senior citizens’ mailboxes, and they here to speak on the budget, but until first time we have what appears to be would get their ID, they would get our other colleague from Pennsylvania successful talks going on between the their Social Security number. They gets here, I ask unanimous consent to two governments with regard to the would go through hospital records, and speak as in morning business. Iranian nuclear program, and those are they would get Social Security num- The PRESIDING OFFICER. Without at a critical stage to, hopefully, bear bers. They would do it a number of objection, it is so ordered. fruit within about 5 months from now. ways. But one of the easiest ways was DISAPPEARANCE OF BOB LEVINSON What better time for the Government this Death Master File. Mr. NELSON. Mr. President, over the of Iran to show their good will than to I want to tell you about the story of course of Friday and through the week- step forth and produce Bob Levinson so Alexis Agin, the daughter of two coura- end there has been the publication, he can return home to his family. geous parents John and Neely, who first by the Associated Press, of a miss- Mr. President, that concludes my re- have joined us today. Tragically, Alex- ing American, a missing Floridian, Bob marks on Bob Levinson for the mo- is died from cancer 2 weeks shy of her Levinson, a retired FBI agent and that ment. I will continue to speak on this 5th birthday. Obviously, no parent publication has spurred other entities, matter. should have to go through the pain of primarily the New York Times, which Now I would like to turn to the mat- seeing their child go through this kind had been holding the story for a num- ter at hand with regard to the budget, of ordeal and then losing the child. ber of years—well before the Associ- since my colleague from Pennsylvania So you can imagine how they felt ated Press ever got the story—to then and, of course, our chair, the Senator when months later they learned that print a story of additional information from Washington, are here. someone had used Alexis’ identity, ob- about the disappearance, 7 years ago, I would like to take a moment to ac- tained from the Death Master File, to of Bob Levinson on Kish Island, a re- knowledge a small but significant pro- file a fraudulent tax return, claiming a sort island in the Persian Gulf right off vision in this budget compromise. It is refund, and the IRS—when they tried the coast of mainland Iran. section 203 of the Budget Act of 2013, to correct this—asked them to prove Of course, we have been searching for and it limits access to what is known that Alexis was their daughter and was any shred of evidence about Bob. He as Social Security’s Death Master File, not the one responsible for the fraudu- has here in the U.S., in Florida, a wife which is important because criminals lent tax return. and seven children. The length of time utilize fraudulently the Death Master Because I have heard so many stories he has been missing, unfortunately, File to steal people’s identities. of innocent Americans whose identities seems to have met or exceeded the When someone dies, the Social Secu- have been stolen, this Senator filed amount of time of almost any Amer- rity Administration puts their infor- this legislation that would restrict ac- ican. mation into the Death Master File and cess to the Death Master File by estab- The family, of course, desperately releases it to the public through the lishing a certification program run by seeks any shred of evidence. They were Commerce Department. It lists their the Commerce Department while still heartened 3 years ago when Christine name, their Social Security number, allowing access to the Death Master Levinson, his wife, received a secretive and other personal identification infor- File for legitimate purposes. email with a video that showed that mation. This brings us to the budget agree- Bob was alive. In it he made state- The public release shortly after death ment. I am very pleased that the Sen- ments that he had served the govern- of the Death Master File came about as ator from Washington has included ment of the U.S. for 30 years and: a result of a Freedom of Information within this budget that we are going to Please help. Act lawsuit back in the 1980s. Over pass—it would be nice if it were today, About a year later, she received, also time, Federal agencies and industries but it looks as if it is going to be to- by another circuitous email, a photo- came to rely on the information from morrow—what some of us have been graph of him, obviously later because the Death Master File. Life insurers calling on for years: restricting access his hair is long and there is a full use it to know when to pay out bene- to this master file, making it harder beard. His hair is silver, his beard is fits. Banks and credit card companies for criminals to steal identities and silver. In both the video and the last use information from the file to pre- therefore making it harder to steal item, the photograph, he appears quite vent fraud. A whole host of Federal and taxpayer money. gaunt. Of course, we know he has State agencies, as well as other indus- That is where this actually has a rev- health problems, high blood pressure, tries, depend on the information for le- enue effect because we are going to ac- and so forth, and, of course, we fear. gitimate purposes, including pension tually save the U.S. Government We also know that just this morning, funds, unclaimed property auditors, money by doing this. We are going to on ‘‘CBS This Morning,’’ a fellow who and identity theft protection compa- save the U.S. Government money that he was seeing—an American who lives nies. otherwise would be stolen. So I thank

VerDate Mar 15 2010 01:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.042 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8891 the courageous chairman of the Budget prevent fraud and provide other essen- provision of the budget agreement. Committee for including this idea in tial consumer protections. Banks, in- Specifically, I wish to reiterate the the act and for crafting what used to be vestment companies, insurers, and nu- need for balance in the regulatory S. 676, the Identity Theft and Tax merous other businesses run this file to process and in the rulemaking proce- Fraud Prevention Act. ensure the identity of those accessing dures that the Commerce Department It was never the intent of this Sen- their services. Striking the correct bal- is called upon in the budget legislation ator or the cosponsors to deny access ance in the regulatory process is crit- to undertake. We need a robust rule- to the master file by the people who ical to ensuring the continued legiti- making process, where all interested need it for legitimate purposes. The mate use of this information. parties are afforded the time and op- language in this budget deal would in- Businesses and those who contract portunity to adequately express their clude the file in the Freedom of Infor- for assistance with fraud prevention interests. And, importantly, we need to mation Act exemptions so that it will and other businesses must maintain ac- ensure that during that process, there not be available to just anyone off the cess to the file. Furthermore, access will be access to Death Master File street. However, the Social Security must remain available as those regula- data for bona fide purposes, including Administration and Commerce would tions are promulgated. fraud prevention, identifying remains still be able to release the information In short, as a certification program is of deceased individuals, forensic and in the file for those who need it. set up, it is important that we get it other genealogical research, prevention So I want to ask the distinguished right. The Death Master File is critical of improper payments, and assurance chair of the committee whether is it to fraud prevention and must remain of proper payments. true that as Commerce sets up a cer- available to legitimate users. To that As the budget agreement is currently tification program, the Social Security point, I ask the Senator from Wash- written, there appears to be some con- Administration and Commerce will ington, the distinguished chairwoman, fusion and ambiguity concerning im- still be able to release the Death Mas- is it the intention of the Bipartisan plementation of the regulatory process ter File to folks who need to use it for Budget Act for the Commerce Depart- and rulemaking procedures that the legitimate purposes? ment to seek input from stakeholders Commerce Department is to undertake The PRESIDING OFFICER. The Sen- as it creates the certification program and whether access to data in the in- ator from Washington. to ensure legitimate users maintain ac- terim, when rules are being promul- Mrs. MURRAY. Mr. President, I cess to the file? gated and aired, will be assured. I must would ask unanimous consent to en- Mrs. MURRAY. Mr. President, the say that a more robust and inclusive gage in a colloquy with the Senator Senator from Pennsylvania is correct. process for arriving at the Death Mas- from Florida and the Senator from We intended for Commerce to follow ter File provision of the budget agree- Pennsylvania so I may respond. notice-and-comment rulemaking proce- ment could have eliminated the confu- The PRESIDING OFFICER. Without dures in the establishment of the cer- sion and ambiguity that has arisen. objection, it is so ordered. tification program. The Finance Committee, of which I am Mrs. MURRAY. The Senator from Mr. NELSON. Mr. President, I want the Ranking Member, has jurisdiction Florida is correct. That is absolutely to close by again thanking the distin- over the manner in which the Social our intention. There is nothing in law guished chairwoman of the committee. Security Administration governs that prevents the continued public re- She has been a quiet hero, and the Death Master File data, and the Fi- lease of the Death Master File while proof is in the pudding of all of her la- nance Committee has expertise that the Commerce Department sets up the bors. She deserves the praise of the could have been called upon. Unfortu- certification program. This act simply country that we have a budget, No. 1, nately, that was not the case, as the exempts the Social Security Adminis- but I also thank her for making it a lot Death Master File provision of the tration’s death records from freedom of more difficult for criminals to steal the budget agreement was not processed information requests under section 552 identities of those who have passed on. through regular order with adequate of title 5 of the United States Code, Mr. HATCH. Mr. President, I have de- Finance Committee input. subsection (b). cided to support the budget agreement, Mr. President, it is becoming far too Mr. CASEY. Mr. President, echoing though it is by no means the budget so- common for important legislation to the comments of my colleague from lution that I would have written and it bypass committees of jurisdiction and Florida, I am pleased that the budget contains some imperfections. for it to be written by legislators who includes language to address the fraud Following up on earlier remarks do not necessarily have the depth of that is perpetrated with information today in a colloquy on the Senate floor knowledge and expertise necessary to from the Death Master File. Tax fraud by my colleagues from Florida, Penn- avoid writing laws that either do not is a large and growing problem. We sylvania, and the Senate Budget Com- work or contain glitches, ambiguities, know that. In 2012, for example, the mittee Chair, Senator MURRAY, I wish and confusing language. In my opinion, IRS reported that they identified over to provide some instructive remarks we need to return to regular order 1.2 million identity theft returns. As of about the Death Master File provision where committees of jurisdiction are June 2013, they identified 1.6 million of the budget agreement. The Death the places where issues in their juris- for this year. Thousands of these cases Master File is a data set compiled by diction are debated, processed, and involve the identities of deceased tax- the Social Security Administration, agreed upon in a bipartisan fashion. payers. A recent audit of the 2011 tax and made available to various re- Certainly, committees of jurisdiction year identified 19,000 fraudulent re- searchers and business interests must be consulted when others decide turns from recently deceased tax- through the Commerce Department. to write legislation that involves issues payers. Under current practice, for $10, Many researchers, genealogists, and that lie squarely within their jurisdic- criminals can purchase the full name, businesses use the data for bona fide tions. That will be the surest route to Social Security number, date of birth, reasons including fraud prevention, an- preventing a reoccurrence of the ambi- and date of death of a deceased citizen cestry research, identifying remains of guity and confusion that has, unfortu- or legal resident. deceased individuals, retirement plan nately, arisen from the Death Master As a member of the Finance Com- administration and prevention of im- File provision of the budget agreement. mittee, I have worked with my col- proper payments. As long as they can I yield the floor. leagues to address this issue. I am show the Commerce Department that The PRESIDING OFFICER. The Sen- pleased to see the language limiting they have rigorous privacy protections ator from Tennessee. access to the Death Master File in the and protocols put in place, they should Mr. ALEXANDER. Mr. President, we budget deal. be able to become certified by Com- are watching America pass from the As Commerce begins its rulemaking, merce to have access to the Death Mas- hands of the ‘‘greatest generation’’ to it is essential to strike the correct bal- ter File data. the hands of the debt-paying genera- ance. The reality is that the Death I concur with what much of what my tion with nothing to show for it but the Master File is used by companies colleagues have said in their recent bill. For months Republicans have across Pennsylvania and the Nation to colloquy about the Death Master File challenged President Obama to fix the

VerDate Mar 15 2010 01:17 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.046 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8892 CONGRESSIONAL RECORD — SENATE December 17, 2013 Federal debt, to save entitlement pro- The Medicare trustees have told us nessee’s tax burden ranks third lowest grams that Americans depend upon, that Medicare will not have enough of any State, it has the lowest per cap- and to rescue young Americans from money in it in 13 years to pay all of the ita debt, and it balances its budget being forever known as the debt-paying hospital bills. What are seniors going every year. All that did not happen by generation. to think of Senators who in 2013 did not accident. I was Governor when we Earlier this year, for example, I take the steps to make Medicare sol- needed three big road programs. In- called on the President to show the vent? We could do that if we would stead of borrowing the money, we paid same kind of leadership that President begin to adopt some of the rec- for it as we went. We used user fees, Johnson did on civil rights, that Presi- ommendations in the Corker-Alexander the gasoline tax, but we applied that to dent Nixon did on China, that Presi- Fiscal Sustainability Act or in the the roads. Guess where we are today? dent Carter did on the Panama Canal President’s own budget. He also rec- We have one of the best four-lane high- Treaty, and that President Reagan did ommended a smaller version of the way systems in America and zero road on Social Security. Confront your own more realistic Consumer Price Index. debt. While other States have billions party. Say what needs to be said. Do He recommended several hundred bil- of dollars of road debt, we have zero. So what needs to be done. This has not lion other dollars of changes in entitle- all of our gas tax money goes to keep- happened. ment programs that Republican Sen- ing one of the best four-lane highway I appreciate very much the efforts of ators might be able to agree with. systems in the country. Those policies the Senator from Washington and Rep- To go back to the Consumer Price have paid off. According to the Depart- resentative RYAN to try to bring cer- Index, according to the Congressional ment of Labor, Tennessee is the fourth tainty to the budget process. That is Budget Office, we could save $162 bil- best State in the country in net new why I voted today to allow a vote on lion over 10 years if we adopted a more jobs. the House-passed budget agreement. It realistic Consumer Price Index for en- Getting debt under control is the seems to me, at least, that a Repub- titlement programs. That is twice as foremost problem we have facing our lican Senator could allow a vote on leg- much money as we needed for the budg- country. If we do not do that, the peo- islation passed by the House of Rep- et agreement. The rest could have been ple who depend upon Medicare and resentatives with the support of the used to reduce the debt today, and the other important programs will be not House Republican leadership and two- reduction would be even more in future able to depend on them to pay their years. thirds of the House Republicans, so I hospital bills. Runaway spending is As I emphasized before, the purpose voted yes to allow a vote. going to leave our young Americans of reducing the growth of entitlement However, I am going to vote against forever known as the debt-paying gen- the Ryan-Murray budget amendment spending is so the programs are sol- vent, so a Medicare beneficiary does eration. because it avoids the Federal Govern- We are watching America pass from not get to a point in 13 years and say: ment’s single greatest challenge; that the hands of the ‘‘greatest generation’’ is, reducing the growth of runaway en- Why does Medicare not have enough money to pay for all of my hospital to the debt-paying generation with titlement spending. Instead, it spends nothing to show for it but the bill. savings that should be used to bill? Here is another way we could have I yield the floor. strengthen Medicare, to strengthen cut wasteful spending: Eliminate the The PRESIDING OFFICER. The Sen- pensions, and to strengthen the air wind production tax credit. The Sen- ator from Massachusetts. transportation system. ARREN ator from West Virginia and I have (The remarks of Ms. W per- I believe in user fees. When you build written a letter to the Finance Com- taining to the introduction of S. 1837 a highway, you have a gas tax to pay mittee and suggested we do that. Here are located in today’s RECORD under for the highway. You do not raise the we are in the budget agreement strug- ‘‘Statements on Introduced Bills and gas tax to pay for education. You do gling to find $63 billion over the next 10 Joint Resolutions.’’) not raise the gas tax to pay for a years. Where could we find $63 billion? Ms. WARREN. I suggest the absence health program. A user fee is related to That amount about equals what we of a quorum. the service it provides. This budget The PRESIDING OFFICER. The could save if we did not extend the agreement does not withstand that wind production tax credit each year clerk will call the roll. The bill clerk proceeded to call the test. for the next 10 years. It would have been much better to So any way you slice it, we could ei- roll. pay for this budget agreement by using ther have taken some of the Presi- Mr. REED. I ask unanimous consent a small part of the almost $1 trillion in dent’s suggested savings in entitlement that the order for the quorum call be entitlement savings that Senator rescinded. spending, some of Senator CORKER’s CORKER and I have suggested in the and my suggested savings, we could The PRESIDING OFFICER. Without Fiscal Sustainability Act or with have taken half of the savings from the objection, it is so ordered. Mr. REED. I ask unanimous consent meaningful entitlement savings from more realistic Consumer Price Index, the President’s own budget. paid for the budget agreement that to speak as in morning business. The PRESIDING OFFICER. Without The Fiscal Sustainability Act that way, and then I could have voted for it objection, it is so ordered. Senator CORKER and I have suggested because we would have moved money would slow the growth of out-of-con- from the out-of-control side of the UNEMPLOYMENT INSURANCE trol mandatory spending by, among budget to relieve the sequester, and we Mr. REED. I come again to the floor other things, recommending a more re- would have done what we should have to remind my colleagues that in 11 alistic Consumer Price Index. This is a done. days 1.3 million Americans will lose Consumer Price Index that most econo- What I have to ask with all respect their unemployment insurance. With mists have said is more realistic in its is, Where was the President in all of the goal of providing certainty to these assessment of what the increase in the this? I mean, if Lyndon Johnson can families that they will continue to standard of living is. The monthly dif- pass a civil rights bill and Richard have access to this vital lifeline, I and ference between the current Consumer Nixon can go to China, if Jimmy Carter my colleague from Nevada, Senator Price Index and the more accurate Con- can pass the Panama Canal Treaty and HELLER, are introducing a bill that sumer Price Index is about $3 per Ronald Reagan can work with Tip would extend unemployment insurance month for the average beneficiary, O’Neill on Social Security, why can’t compensation benefits for 3 months. which is less than the average cost of a President Obama get involved with his I hope this sensible and bipartisan gallon of gasoline. This modest change own budget recommendations and help approach will provide a path forward to would help to slow the growth—not cut us begin to deal with entitlement extending the program through 2014, but help slow the growth of mandatory spending, which everybody knows is which will give families and our econ- entitlement spending. The purpose of the single biggest problem we have fac- omy more time to recover. that is to help make those programs ing our country? In many parts of the country, recov- solvent so beneficiaries can depend on Washington could learn a lot about ery is just getting underway. My own them. debt and taxes from Tennessee. Ten- State of Rhode Island has 9.2 percent

VerDate Mar 15 2010 01:00 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.047 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8893 unemployment. There are States ter or a hot summer in the South and While I certainly appreciate the work throughout the country that have over Southwest. It is about making sure done by Congressman RYAN and Sen- 8 percent unemployment. There are their children get a little something. ator MURRAY on the recent budget some States that are doing well and we Again, about 17 million children have agreement, in my view there is a provi- are very pleased they are. But for the benefited over the last several years— sion in this agreement which makes it millions of people who are still looking since 2008—from this program. a deal breaker. That provision is, there for work, they need this help. This is absolutely critical. It is crit- is $6 billion taken from our current This program is designed so workers ical to our economy. It is not only the military retirees over the next 10 years continue to look for work while they right thing to do, it is the economi- from their cost-of-living increases to receive very modest compensation. In cally smart thing to do. It has been es- pay for this budget agreement. my State the average is about $354 a timated that without the extension of I do not believe we have to take from week. That is not the kind of money unemployment insurance, we will lose the backs of our men and women in that is going to induce someone to sim- .2 percent of GDP growth this year, and uniform to pay for more spending. I be- ply sit back and collect. It is going to this is at a time when we all very sin- lieve there are other ways we can find provide some support for them to just cerely profess that our No. 1 job is $6 billion in the trillions and trillions put food on the table. jobs—getting people back to work and we will spend over the next decade, This safety net is not only there for growing the economy. And if we grow rather than taking it from the men and them, it is for everyone, as 23.9 million the economy, that has many beneficial women in uniform who have sacrificed Americans have received these Federal effects. Not only does it lower the num- the most for our country. benefits since the start of the program ber of people who need this type of as- What troubles me most about this in 2008. Some, thankfully, have found sistance, but as a result of that and particular provision of this budget work and returned to work. But all of other activities, it begins to lower our agreement is our military retirees them, in a very critical time, received deficit. under the age of 62 were singled out. assistance and support. They only For so many reasons, both economic There are some changes to the con- qualified for the support because they and central to our purpose as a govern- tributions that Federal employees will worked. This is a program that is based ment—which is when people who have have to make to their retirement, but on one fundamental principle—they worked hard run into a situation where those changes are only made prospec- have worked long enough to qualify for they lose their employment through no tively to new hires. these benefits. As a result, I think we fault of their own, this is something Our men and women in uniform were have to go ahead, follow through, and that is there for them, and I hope we not grandfathered under this agree- not leave 1.3 million people, on Decem- can move forward on it. ment. They are the only ones singled ber 28, literally with nothing, in many I am so pleased Senator HELLER has out under the agreement to have their cases. stepped up and has joined me, and I benefits cut. As we look by household, the number will join him, in urging all my col- What I find most appalling is the of Americans this program has helped leagues to give us the opportunity not question we pressed and we pressed the rises to about 69 million people, not only to bring this legislation up but for Department of Defense for an answer only the workers but their families, at least 3 months to extend it so we to, and that is: What happens to our sons, daughters, and spouses. In fact, it can look longer term. Some of my col- disabled veterans? includes about 17 million children who leagues have raised some very inter- Many of us have been to Walter Reed. would not have received support with- esting points about how perhaps there We have seen the injuries our men and out the benefits provided by this pro- are reforms necessary for the program. women in uniform have sustained gram. Well, in the context of a program that fighting on our behalf in Afghanistan. In terms of income, over 40 percent of expires on December 28, it is hard to Some did multiple tours in Afghani- those households new to receiving UI take the legislative time and insight to stan and also served our country in in 2012 had household income between develop reforms that will work for ev- Iraq. When you have a disability that $30,000 and $75,000. That is an impor- eryone. But if we can extend this for at occurs in the line of duty, you are enti- tant point to make. These are working least 3 months, we will have that op- tled to a disability retirement, and this families. These are people who were en- portunity. agreement will also cut the cost-of-liv- joying a reasonably good living and Mr. President, again, I will return. ing increases for our disabled veterans, suddenly, because of many changes, This is not the last time I will speak on which I find appalling, particularly globalization, downsizing, you name it, this point. But I did want to come back with some of the horrific injuries too they are without a job in a very dif- and remind people that this program is many of our men and women in uni- ficult job market. central to so many families. It is an form have sustained in defending our They went from people with good, important part of continuing our eco- country and taking bullets for us all. solid, middle-class jobs to desperately nomic expansion, and it is particularly Under this agreement, an E–7—ser- looking for work. At least this program difficult at this time of year when 1.3 geant first class—who retires at age 40 gave them some support as they made million Americans in this holiday sea- could stand to lose $72,000 by the time that great effort to look for work. son are facing a cutoff of benefits that he or she turns age 62. To put that in This program has been and continues to many of them are the difference be- perspective, the average retirement for to be a crucial benefit to millions of tween paying the rent, paying the an E–7 is roughly $25,000. So in that pe- American households all over the coun- mortgage, and keeping the kids in riod, this cut of 1 percent to their try and of nearly every conceivable de- their sports programs or doing those COLA could equate to $72,000. Think mographic background. That is why it things families in America need to do. about the impact that has on our vet- is such a significant part of our recov- With that, I yield the floor, and I erans and our men and women in uni- ery too. Its expiration will hurt fami- suggest the absence of a quorum. form who have done so much for our lies. The PRESIDING OFFICER. The country. Why are they being singled It has been estimated that if we do clerk will call the roll. out in this agreement? not extend this program over the next The bill clerk proceeded to call the The other issue I wish to raise is this year, we will lose 200,000 jobs. And the roll. notion about which some have said: We logic of this program is very compel- Ms. AYOTTE. Mr. President, I ask have to vote for this agreement or we ling. People who receive these benefits, unanimous consent that the order for are going to face another government people who used to make $50,000 a year, the quorum call be rescinded. shutdown. I think that is a false for example—and many of them did— The PRESIDING OFFICER. Without choice. We may be in a rush to get they are not going to go ahead, turn objection, it is so ordered. home to our families for the holidays, around, take these benefits and just Ms. AYOTTE. Mr. President, I come but the notion we can’t find $6 billion sort of squirrel them away or go off on to the floor today to talk about an somewhere else on a bipartisan basis a vacation. This is about paying the issue about which I am deeply con- for our men and women in uniform is a rent and paying for fuel in a cold win- cerned. false one. We can keep this government

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.048 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8894 CONGRESSIONAL RECORD — SENATE December 17, 2013 open, we can address the budget issues, If this body is to pass this agreement, years of retirement, because $24,000 to but we should not do so on the backs of I would call on our Commander in $25,000 a year is what they make for a our men and women in uniform singled Chief to veto this agreement. Bring us 20-year period, and the cost of the out in this agreement. to the White House. Make the House COLA reduction is almost $72,000, so Right now, as this agreement stands, and the Senate sit together so we can basically you have taken 3 years of the so-called amendment tree has been resolve this issue. As the Commander their retirement away to do a budget filled. That means any amendments in Chief of this country, don’t accept deal that could be accomplished with- which either side would want to offer the cuts to the military and have our out having to do that to our military. cannot be offered right now because military retirees singled out, particu- By the way, nobody else in the coun- the majority leader has filled every larly our disabled veterans, in this try is doing this. No Social Security re- part of the amendment tree, not allow- agreement. cipient has given up a dime. The COLA ing individual Members to offer amend- We can get this done. We can get this formula for the military is exactly the ments. done before the holidays. Yes, we will same as Social Security and other Were I allowed to offer amendments, suffer some personal inconvenience, COLAs that we get around here. I have filed two amendments which but think about that. That is nothing Should we look at reforming our would address this issue for our mili- compared to what our veterans have military retirement pay pension ben- tary and have found other pay-fors to done for us and continue to do for us efit system? Yes, because it is address the issue. Those are just two every single day in this great country. unsustainable in the future. Entitle- ideas which I came up with. I am sure With that, I yield the floor. ment growth in the military is real, if we committed in this body to work- The PRESIDING OFFICER (Ms. WAR- just as it is on the civilian side. No- ing on this issue, we could quickly find REN). The Senator from South Caro- body has ever envisioned doing it this $6 billion that would not be taken from lina. way, to take the military retiree com- the backs of our men and women in Mr. GRAHAM. Madam President, I munity and retroactively apply a ben- uniform and would not be taken from join with the Senators from New efit cut to them that takes $6.3 billion the backs of our disabled veterans, who Hampshire and Alabama in trying to out of the retiree community. These have already suffered too much on be- urge the body to take a pause here and are the people who have been fighting half of our Nation. I do not believe this see if we can right a wrong before it the wars for 20 years. These are the is too much to ask of us. matures. The good news is that we people who have been serving continu- We are blessed to be in this country have a bipartisan agreement to try to ously since 9/11, overseas and at home, and blessed to enjoy the freedoms we fund the government in a fashion trying to protect the Nation, and this enjoy in this country because of our where we will not have a government COLA reduction doesn’t just apply to men and women in uniform and what by crisis. I appreciate that. I under- people who have retired and are in good they have done to defend our Nation. stand how hard it is to reach a con- health at 40 or 42 or 45, it also applies Make no mistake, a military retire- sensus around here. to people who are medically retired. ment is not like any other retirement. My objection is not to the deal as a Someone who has had their legs blown When you retire from the military, you whole. I appreciate the fact that se- off in Afghanistan or Iraq, and most understand that you can be called questration relief occurred for our DOD likely will not be able to get a second back. You can be called back at any budget for 2 years, and nondefense job, is going to lose thousands of dol- time. And who is most likely to be spending, and it was paid for. I appre- called back? Our younger veterans. In lars in this cost-of-living adjustment, ciate that very much because seques- fact, since 2001, thousands of our vet- and nobody else in the country is so tration has really cut into our ability erans who thought they were going situated. to defend this Nation in a dramatic Can we do better? You better believe back into civilian life have been called fashion, and to have it paid for is also it. Here is what Congress told the Mili- back by our government to serve their a worthy goal and the right thing to tary Compensation and Retirement Nation again. They didn’t get to say do. Modernization Commission. We set up yes or no. They agreed to do that even The point Senator AYOTTE, Senator a commission last year to advise the though they thought they would be re- SESSIONS, and I are trying to make is tired. That is what distinguishes a Congress next year on how we can fair- that a budget is about your priorities. military retirement from other retire- ly adjust retirement packages to make What we are doing today is telling ev- ments, or an average civilian retire- the personnel costs more sustainable in erybody in America what is important ment. the Department of Defense in the fu- They earned this for defending our to the Congress, the Senate, and the ture and how we can do that fairly. country. I believe we should fulfill our House when it comes to getting a budg- Do you know what we told the com- responsibility to them, and that they et passed for 2 years and how we should mission. We mandated that any change should not be singled out. Of all the pay for it. Here is what I can’t under- they recommend has to grandfather ex- groups to be singled out, they should stand: Of all the groups in America you isting forces and retirees. We put it in not be the group to be singled out, es- would go to and single out, unlike any the law that created this commission. pecially after everything they have other group, to pay for the offset and We put a restriction on the commis- done for our Nation. come up with some money out of their sion’s ability to come up with pension, I ask that we take a few moments in pocket to get this budget deal passed— pay, and benefit reform by saying: You this body and come up with $6 billion which doesn’t keep us from becoming cannot apply it to people who have some other way instead of taking it Greece, by any means, but I do applaud signed up and are expecting certain from the backs of our men and women the effort—we picked the military things. They are grandfathered. in uniform. Why don’t we have an community. We should have told ourselves that. amendment process that would allow Here is what we have done to our We limited the commission, but we do us to address this issue and allow us to military retirees, past, present, and fu- exactly what the commission is not al- fix this now? ture: We have taken their cost-of-liv- lowed to do. I don’t know how my col- To those who are saying: We will fix ing adjustment and reduced it by 1 per- leagues are going to explain this when this later, that is such a Washington cent until they get to age 62. If you are they go back home. I hope somebody answer. For those who are serving our an E–7, a master sergeant in the Air will ask what you are trying to accom- country right now in Afghanistan, Force, who retires at 42 in 2015, by the plish. Trying to have a bipartisan what kind of comfort is that to them time you get to 62, this 1-percent re- budget that avoids a government shut- that we will fix this down the line after duction a year of your COLA amounts down is good, but asking the people we vote on this agreement? How about to almost $72,000 in lost benefits. who have been on the front lines of de- fixing this now? Do you know how much a master ser- fending this Nation, who have been in I ask my colleagues to fix this now geant with 20 years of service makes in the military for 20 years—and do you on behalf of our military, the best in retirement? It is less than $25,000 a have any idea how many times the av- the world, those who have sacrificed year. So that almost $72,000 number re- erage military family moves in 20 the most for our country. quires the master sergeant to give up 3 years? Do you have any idea how many

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.050 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8895 schools their children will attend be- Federal retirement system, and I am civilian employees who are going to be cause they move every couple of years? sure that is a burden. But what do we grandfathered in, and I want them to Do you have any idea what it is like to do to Federal employees? We say that be grandfathered in. That is the right serve this country since 9/11? everybody who is in the system today thing to do. All I can say is if we want to find $6.3 does not share that burden. They are People make career decisions predi- billion over the next decade to pay for grandfathered. It is only for people who cated on what they are told at the this budget deal, we can find better al- are hired in the future. time. And these military guys—and I ternatives than this if we take some As to the military retiree, thank you look around the room and most of the time. for all of your hard work. Boy, do we Senators who are in here have spent a If my colleagues don’t like what Sen- have a deal for you. lot of time, as I have, in Afghanistan ator AYOTTE is doing, there are other This is not going to stand. This is and Iraq, and we talk to these guys in ways. I am not asking a Democrat to going to pass because everybody is the mess hall, and they talk about how defund ObamaCare to keep the govern- hellbent on getting out of here and they happened to get in. They make ment open. I am not asking a Demo- going home and celebrating a bipar- these decisions, and then we come crat to take away a safety net from a tisan breakthrough, and we are going along and take it away. group of Americans who are struggling. to talk about how we have become I think it has been said enough, the I am not asking a Republican to raise functional again. I do appreciate the example of the gunnery sergeant at age taxes. I am asking both of us, before effort to become functional, but to me, 42, having been in for 20 years, and it is Christmas, to rethink what we are in our effort to become functional, we going to cost him some $72,000, but not doing here and take a little bit of time have lost our way and, quite frankly, much is said about the officers. For the to fix a problem that, quite frankly, is lost our soul. Any political body that officers, it is actually a lot more than unconscionable. would do this in the name of good gov- that. An O–5 officer at that agency If you make over $250,000 a year in re- ernment has forgotten what govern- under the same circumstances would tirement, you receive $109 a month for ment is all about. It is for, by, and of lose $124,000. These are not wealthy a subsidy to pay for your Part D pre- the people. people; these are people who depend scription drug bill. Here is what I I will tell you right now, from the upon this for their retirement. would say: If you want to pick on rich CEO to the doorman, when they hear They were told, as I mentioned, that people, let’s do it. To me, $250,000 puts about what we have done to pay for a they also—the military people—would you in a category of living pretty good. budget deal at the expense of the mili- be grandfathered in. Now, anytime one Why in the world does our government tary retired community, they are not is grandfathered in, then obviously give you $109 a month to pay your pre- going to be very appreciative. I prom- they change the rules and the new peo- scription drug bill when we as a nation ise this: If we don’t fix it now, not only ple making a career decision will make are broke? That subsidy alone is worth are we going to review it, we are going it predicated on those circumstances of $54 billion over the next 10 years. What to fix it. retirement that are there at that time. if we took some of that money? What if To our President: There is only one I have to say this: Tomorrow we are we went to the $250,000 retiree and said: Commander in Chief. How could any going to be involved in the bill that Would you give up some of your sub- Commander in Chief sign a bill that was put together by the big four. It is sidy to pay your drug bill so military does this? Call us down to the White the NDAA. It is a must-pass bill. We retirees don’t have to lose the retire- House, put us in a room, Republicans will pass it. I can’t imagine there won’t ment benefits they have earned and and Democrats, and don’t let us out be the votes to pass it. But I can tell have fought so hard to defend this Na- until we find a $6.3 billion offset that my colleagues this: If we had known tion for so long? I bet they would say doesn’t do injustice to the military re- this was going to come up, we would yes. Here is the point: We are going to tired community. If I were the Presi- have addressed this in the NDAA. This rush through this. If you ask me what dent, I sure as hell would do that. No- is something that could have been ad- bothers me the most about this, it is body would be going home until we got dressed and could have been offset. how insensitive we have become as a this right. So I agree with everyone who has nation. We trip over ourselves to wel- So the President owes a duty to the spoken on this issue. I think it is very come the troops home when they come troops greater than anybody because difficult to understand how this could back from deployment. Members of he is their Commander in Chief. I don’t happen. We do know this: One of the Congress want to be there when the know whether we are going to get this differences between civilian employees Guard unit leaves. We want to show fixed. The train is running, and the re- and military employees is that we how much we love the troops. That is a tired military community is on the can’t recall civilian employees. good thing. tracks, and a few of us are trying to get We have a figure here. Are my col- Every American—Republican, Liber- them off. I promise their families that leagues aware that we actually have, tarian, vegetarian, Democrat—we all if we fail today, we are going to come since September 11, 3,456 military retir- love the troops, but your Congress is back at this tomorrow, over and over ees who have been recalled to duty? expressing that love in a very strange and over, until the Congress finds its Every one of them is going to be af- way. soul. fected by this. This is a travesty we How far have we fallen? Do we have I yield. cannot allow to happen. no shame? As a body elected by the The PRESIDING OFFICER. The Sen- I applaud my friend from Alabama American people to make sure the Na- ator from Oklahoma. for bringing this up, and hopefully we tion is well run, what is the proper Mr. INHOFE. Madam President, first will be able to correct it. We are going first role of the Federal Government? of all, my good friend from South Caro- to have a vote right now, and I hope To defend the Nation. Tell me how to lina is a mind reader. He always looks this is a solution to it. Then tomorrow defend this Nation without people will- at you and figures out what you are we will have a chance to get into the ing to die for it. going to say and then he says it better. details about the NDAA bill, which is a The budget doesn’t defend this Na- There are a couple of things that very significant bill that addresses pro- tion. The CBO, the OMB, and all these haven’t been said during this discus- visions such as this. acronyms do not defend the Nation sion, and I want to mention them, and With that, I yield the floor. against radical Islam. I am urging my then I know we are going to vote. One The PRESIDING OFFICER. The Sen- colleagues in a spirit of bipartisanship is that our military was told—and I ator from Alabama. and common decency: Do not single talked to several of the groups, the Mr. SESSIONS. Madam President, I out the military retiree who has served military retiring groups and others— thank my colleagues for their heartfelt so long and so hard and ask them to that they would be grandfathered in. remarks about the cuts in this bill that give so much when others are doing al- Now, I want everyone grandfathered in will immediately impact the retire- most nothing. if we are going to do something like ments of American military. They are As to our Federal employees, you are this. Certainly, in one installation in subject to recall, to Active Duty. They being asked to contribute more to the my State of Oklahoma, we have 13,000 are expecting these payments. Other

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I thank Senators those very servicemembers and civilian What I want to emphasize to all of AYOTTE, GRAHAM, and INHOFE, who military personnel so many Members my colleagues and highlight for us here shared their thoughts about the lack of have come out here to speak on behalf today is that the legislation before us wisdom in this legislation. of. now was brought forth in a way that I am going to offer a tabling motion, As with any bill, the oversight proc- will not allow any amendments. If peo- and the purpose of it will be to remove ess in Congress will move forward the ple have an idea about a problem with the parliamentary maneuver of Major- moment we pass it, and there is no this legislation that was agreed to in ity Leader REID and allow us to have a doubt that improvements will be made secret by a couple of Senators—I sup- vote. So what is this motion about? where they are needed. But this mo- pose maybe some staff involved, so This motion will remove the filling of tion, I say to my colleagues, is an ef- they agreed to this language. It is the the tree, and it will allow the Senate to fort to bring down this bill, to stop us first time we have seen it. It is the first vote on this amendment to strike the from moving forward, and for that rea- time it has been before the light of day military retiree pay cut—and other son alone it should be voted down. in the Senate, and we find problems amendments, perhaps, but this amend- Therefore, Madam President, I object with it, real problems. ment in particular. I believe that is in to the unanimous consent request. If people ask schoolchildren, if people the tradition of the Senate. I believe it Mr. WICKER. Will the distinguished ask senior citizens in America, if a bill is extremely important. chairman yield on her reservation? hits the floor of the Senate and it has So, Madam President, I ask unani- Mr. SESSIONS. Madam President, I bad provisions in it, what can Senators mous consent to set aside the pending still have the floor, I believe. do, well, they will say that Senators motion so that I may offer a motion to The PRESIDING OFFICER. I believe offer an amendment and they fix it. concur with amendment No. 2572 which that is correct. Isn’t that what we were taught? Isn’t is filed at the desk. Mr. SESSIONS. I yield to the Sen- that what the history of the Senate is The PRESIDING OFFICER. Is there ator for a question. all about? It is a place where people objection? Mr. WICKER. I don’t mean to prolong can debate and amend and improve leg- The Senator from Washington. this, but I wish to ask this of the dis- islation. But we are in an odd and un- Mrs. MURRAY. Madam President, re- tinguished chairman. usual circumstance—not so odd in re- serving the right to object, and I will I think everyone should understand cent years. object, first, as many of my colleagues that although the Senator from Wash- The majority leader of the Senate here know, I have dedicated much of ington chairs the committee and was a has sought recognition, as he is able to my career to fighting for our Nation’s member of the conference committee, do, and he has filled the amendment veterans and our military families. I this is not a report of the conference tree, and nobody can get an amend- am the daughter of a World War II vet- committee. The question I wish to ask ment. Nobody can get a vote on this eran. I am the first woman ever to is, Did the negotiators realize, when amendment to fix this part of the legis- chair the Senate Veterans’ Affairs this COLA-less-1-percent provision was lation that plainly needs fixing. It is Committee. I have worked tirelessly inserted in the conference committee, not available to us. That is awfully time and again to safeguard the health that it would mean $80,000 lifetime out hard to believe. It is awfully hard to care and the benefits and services that of the retirement pay of the typical en- believe that in the great Senate—as those in our uniforms have sacrificed listed retiree? Did the conferees realize Senator Robert Byrd said, there are for. So obviously any provision that the magnitude of what they were two great Senates: the Roman Senate impacts them or the benefits our serv- agreeing to? Did the two negotiators and the American Senate; and he de- icemembers have earned is of great agree to the magnitude of what they fended it and its rights and priorities. concern to me. were sending to the House and Senate? But we have one leader of the Senate, As is true with any very difficult The PRESIDING OFFICER. Does the supported by his colleagues, who says: compromise, there are certain policy Senator from Alabama yield to the We don’t want amendments because we changes in this bill I would never have Senator from Washington to answer might have to take tough votes, and all made on my own. Thankfully, though, that question? we want to do is rubberstamp this we wrote this bill in a way that will Mr. SESSIONS. Madam President, I agreement, this bill written in secret, allow 2 years before this change is im- would be pleased to yield to the Sen- and we want to pass it without any plemented—2 years—so that Democrats ator without yielding the floor to an- amendments. and Republicans can keep working to- swer that question. How did that become the policy of gether to improve this provision or find The PRESIDING OFFICER. Without America? How did that become the pol- smarter savings elsewhere. In that objection, it is so ordered. icy in the Senate? What justification time I know there is an armed services- The Senator from Washington. can be given to the concept that duly- mandated military retirement commis- Mrs. MURRAY. Madam President, I elected Senators can’t stand up on the sion due to report their findings, which would suggest that the Senator ask floor of this body and defend the rights would give both Chambers time to leg- that question to Chairman RYAN. But I of their constituents and their States islate a solution before any COLA would say again, as many of us have by offering amendments to improve change is ever implemented. talked about here today, this is not the legislation? I also know the senior Senator from deal Democrats would have written on Tomorrow we are going to have the Michigan, the chairman of the Armed our own. It is not the deal Republicans Defense spending bill, authorizing the Services Committee, has indicated he would have written on their own. No- expenditure of over $500 billion—$500 is going to move forward with efforts body got everything they wanted, and billion-plus—to fund our military. A to review this change before it takes we each had to give up some things to lot of people have ideas about how to effect, and I support that effort. I am get to where we are today, again, to improve that bill. We are not going to quite sure other Members of the Senate bring us back to a time of certainty be- get a single amendment because the will look for ways to replace these sav- cause without a budget moving forward majority leader has filled the tree and ings in a different way. In other words, today, we would be facing a time in a he is going to deny the Members of this we can and we will look at other hope- few short weeks where there would be body, who represent millions of people fully better ways to change this policy dramatic changes and cuts to, in par- in their States—and really we rep- going forward. ticular, our Department of Defense, resent everybody—the right to offer But opening this bill to changes meaning furloughs and layoffs and a amendments to improve that bill. It is today, after the vast majority of Con- threat to our national security, as so contrary to our tradition. It is con- gress has voiced their support for a many Members of the military have trary to our heritage. It is contrary deal that ends the repeated crises we told us.

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.056 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8897 So I hope we can move forward. I there? Please understand, Senator this is a one-sided reduction of retire- know we are going to go through some GRAHAM, this did not come from us. ment benefits to people who served in parliamentary inquiries and a motion I think Senator WICKER knows the the military, not impacting lots of oth- here in a minute. But I hope our Mem- exact number. But if you are a military ers. bers would take the time to say, ‘‘What retiree, on your DD214 form—I do not I want to return to the central point. is the end process here.’’ and vote with know if the Senator from Alabama This bill that will be voted on tomor- us to not change this at this point and knows this, but when you get your re- row—final passage—cuts military re- to allow us to go forward and bring cer- tirement, your discharge DD214 form, tirement by $6 billion. That $6 billion tainty to so many families across this at the bottom it says: Subject to being is counted in the numbers of the pro- country at this holiday season time. recalled. ponents of the legislation toward their The PRESIDING OFFICER. The Sen- Does the Senator know how many justification for spending more money ator from Alabama has the floor. military retirees have been recalled the next 2 years. They say they are Mr. WICKER. Madam President, I since 9/11? paying for it by reducing this $6 billion wonder if the Senator from Alabama Mr. SESSIONS. I do not, I say to over time. It is mandated. It is not an would yield to me for 60 seconds. Senator GRAHAM. option in the bill. We should not pass The PRESIDING OFFICER. The Sen- Mr. GRAHAM. I think the Senator legislation that does that. ator from Alabama. from Mississippi may have the exact So what I would propose is that we Mr. SESSIONS. I yield to the Sen- number, and it amounts to a brigade of not go along with Majority Leader ator without yielding the floor. soldiers, almost. REID’s determination to run the train The PRESIDING OFFICER. Without I ask the Senator from Mississippi, over the men and women of our mili- objection, it is so ordered. what is the number? tary, that we slow down and we follow Mr. WICKER. Thank you, Madam Mr. WICKER. Madam President, if the regular process of the Senate, not President. the Senator would yield for an answer fill the tree, and allow amendments to I would ask the Senator from Ala- to that question, precisely 3,456 DOD be voted on on this substantive matter. bama, it seems to me no one wants to retirees—the very people we are penal- So parliamentary inquiry, Madam claim parenthood of this very onerous izing in this provision—have been re- President. penalty on the retired servicemembers called to Active Duty since September The PRESIDING OFFICER. The Sen- of the United States of America. I 11, 2001. ator will state his inquiry. would have to infer from the answer of Mr. SESSIONS. I say to Senator Mr. SESSIONS. Is it correct that the Senator from Washington that she GRAHAM, you are a full colonel in the while the majority leader’s motion to was not aware. One percent from Air Force, still serving in the Reserve. concur in the House amendment with COLAs sounds so innocuous, but when Mr. GRAHAM. Yes. Take my pay. an amendment to which the majority its comes to $130,000 for officers and Mr. SESSIONS. Bless your heart. But leader has also offered a second-degree $80,000 for enlisted people, it is real it is a fact that this retirement pay is amendment is pending—while it is money. really more than retirement pay, is it pending, no Senator is permitted to This is a penalty, and it is hitting not? It is really an income, a source of offer an amendment to the House- the people who step forward and volun- payment that ensures that the person passed spending package? teer to serve our country and protect can be recalled. So it is part of the The PRESIDING OFFICER. The Sen- our security. So until someone is will- right to recall you, a compensation for ator is correct. ing to step forward and claim owner- that. Mr. SESSIONS. So let me repeat to ship, I have to assume the negotiators Mr. GRAHAM. The answer is that be sure my colleagues and I understand did not know the impact this would when you retire after 20, you are sub- the situation. The Chair has just told have on our military retirees. It seems ject to being recalled as long as you are the Senate that I cannot offer an to me the Senator from Alabama has physically able. I know one individual amendment to the House-passed spend- devised a way to surgically remove this who was recalled at age 56 who was a ing bill that would strike the military provision, pay for it elsewhere, and JAG officer who had been out of the retiree pay cut because the majority send it back to the House. I think we military for years. He set up his prac- leader has filled the tree with his own would be doing them a favor, frankly. tice, and he said: Can they do this? I amendments. I have read the majority I thank my friend from Alabama for said: Hey, man, you are the lawyer. Of leader’s amendments, and I see they yielding. course. Read it. You know they can do merely change the date of enactment Mr. SESSIONS. Well, I thank the this. And they did, only because we had by a few days. Senator. to, and he went and did his part. Further, parliamentary inquiry, I would note that Senator AYOTTE, I bet you that of those 3,400, some of Madam President: If a motion to table who has spoken, Senator GRAHAM, and them were volunteers and some of the majority leader’s motion to concur Senator WICKER, along with myself, them were not. But the cost-of-living with an amendment is successful, were conferees on the budget con- adjustment is to make sure their re- would there be an opportunity for me ference committee and that this was tirement over time maintains its to offer a motion to concur with supposed to be the kind of thing we value. That is why we have a cost-of- amendment No. 2572? would discuss. But we were not called living adjustment. The PRESIDING OFFICER. Yes, to the final discussion, and now this How much money do you make if you there would. legislation is brought to the floor that are a master sergeant after 20 years of Mr. SESSIONS. Again, summarizing we did not have time to approve in ad- service? It is less than $25,000 a year in for my colleagues, the Presiding Offi- vance. retirement. So these people do not be- cer is telling this Senate that if there Mr. GRAHAM. Will the Senator yield come millionaires when they retire. can be 51 votes to table the current for a second? Try to raise a family of four on $25,000 amendment tree to the House-passed Mr. SESSIONS. I say to Senator without a COLA. So the COLA is de- spending bill, then there will be an op- GRAHAM from South Carolina, I am signed to keep the benefit vibrant over portunity for me or other Senators to pleased to yield for a question. time. When you do a COLA minus 1 offer by motion a motion to concur Mr. GRAHAM. I thank the Senator. percent, it does diminish the value of with the amendment that strikes the To follow on what Senator WICKER the package. military pay cut. said, I have been trying to find out how Here is what gets me the most. If we So, Madam President, in order to this started to begin with too. Whose did it for everybody in the country, make a motion to concur with amend- good idea was this? that would be one thing. These are the ment No. 2572, I move to table the So I called the Secretary of Defense, only people in America who get this pending motion to concur with an and he said: We did not do this. I special good deal. amendment offered by the majority talked to Chuck Hagel, and he said: Mr. SESSIONS. Madam President, I leader, and I ask for the yeas and nays. This did not come from us. Because I thank Senator GRAHAM. I think he The PRESIDING OFFICER. The yeas said: What are you all doing over made the defining point there, that and nays have been requested.

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.059 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8898 CONGRESSIONAL RECORD — SENATE December 17, 2013 Is there a sufficient second? ity employee test only differentiates the U.S.-Mexico Transboundary Hydro- There is a sufficient second. between FERS revised annuity em- carbon Agreement that the committee The yeas and nays were ordered. ployee coverage and new FERS further has an expertise in international agree- The PRESIDING OFFICER. The Sen- revised annuity employee coverage. ments and should play an integral role ator from Washington. TRANSBOUNDARY AGREEMENTS in the oversight of future transbound- Mrs. MURRAY. Madam President, I Mr. MENENDEZ. Mr. President, I ary hydrocarbon agreements. The lan- would just state to all of our colleagues want to briefly discuss Section 304 of guage in the Bipartisan Budget Act that this motion is an effort to bring the Bipartisan Budget Act of 2013, was not intended to undermine the this bill down—— which contained an amendment to the Senate Foreign Relations Committee’s Mr. SESSIONS. Madam President, Outer Continental Shelf Lands Act. I jurisdiction with respect to any matter there is no debate on a motion to table. was disappointed to see that the that would be properly before it. The PRESIDING OFFICER. Debate is amended Section 32 requires submis- Mr. MENENDEZ. I thank the chair of not in order. sions regarding future transboundary the Budget Committee for her re- The question is on agreeing to the hydrocarbon agreements be made to sponses. motion. the Speaker of the House, the Senate NOT-FOR-PROFIT LOAN SERVICING The yeas and nays have been ordered. Majority Leader, the chair of the Com- Mr. SANDERS. Mr. President, I rise The clerk will call the roll. mittee on Natural Resources of the to enter into a colloquy with the chair- The assistant legislative clerk called House of Representatives, and the man of the Budget Committee, Senator the roll. chair of the Committee on Energy and MURRAY, and several of my colleagues The result was announced—yeas 46, Natural Resources in the Senate. This regarding the not-for-profit student nays 54, as follows: language fails to mention the Senate loan servicing provisions in the Bipar- [Rollcall Vote No. 280 Leg.] Foreign Relations Committee, an omis- tisan Budget Act of 2013. YEAS—46 sion I find curious in light of the For- Is it your understanding and intent Alexander Fischer Moran eign Relations Committee’s jurisdic- that the not-for-profit servicing provi- Ayotte Flake Murkowski tion over international agreements. I sion in this act does not require the Barrasso Graham Paul would like to yield to my colleague termination of the existing Federal Blunt Grassley Portman from Washington in order to clarify loan servicing contracts of any not-for- Boozman Hagan Risch Burr Hatch Roberts that this language was not intended to profit servicers who are currently serv- Chambliss Heller Rubio negate the Foreign Relations Commit- icing Federal loans? Coats Hoeven Scott tee’s jurisdiction of transboundary hy- Is it further the understanding and Coburn Inhofe Sessions Cochran Isakson drocarbon agreements. intent of the chairman of the Senate Shelby Collins Johanns Mrs. MURRAY. I thank the Senator Budget Committee that the Education Thune Corker Johnson (WI) for his question, and I appreciate his Department will continue to enter into Cornyn Kirk Toomey Crapo Lee Vitter leadership as Chairman of the Senate contracts with not-for-profit servicers Cruz McCain Wicker Foreign Relations Committee. I under- based on their performance? Enzi McConnell stand his concerns and can assure him Mrs. MURRAY. Mr. President, the NAYS—54 that the language in the Bipartisan Senator from Vermont is correct. It is my intent that existing contracts to Baldwin Harkin Murray Budget Act of 2013 was not intended to Baucus Heinrich Nelson alter or negate the Foreign Relation use the services of not-for-profit Begich Heitkamp Pryor Committee’s jurisdiction. servicers are not terminated by this Bennet Hirono Reed Mr. MENENDEZ. I thank the Senator bill and that they will be permitted to Blumenthal Johnson (SD) Reid Booker Kaine Rockefeller from Washington for her response, and compete with the Department of Edu- Boxer King Sanders I appreciate the tremendous work she cation’s title IV servicers for addi- Brown Klobuchar Schatz has done to arrive at a budget agree- tional accounts. I know several of my Cantwell Landrieu Schumer ment. Due to the importance of this colleagues also feel strongly about this Cardin Leahy Shaheen Carper Levin Stabenow issue, I want to seek additional con- issue. I would like to recognize the fol- Casey Manchin Tester firmation of this point. The February lowing Senators to also join in on the Coons Markey Udall (CO) 20, 2012 Agreement between the United colloquy: Senators LEAHY, HARKIN, Donnelly McCaskill Udall (NM) Durbin Menendez Warner States of America and the United ALEXANDER, HATCH, SHAHEEN, BEGICH, Feinstein Merkley Warren Mexican States Concerning Trans- GRASSLEY, KING, BAUCUS, TESTER, and Franken Mikulski Whitehouse boundary Hydrocarbon Reservoirs in MURKOWSKI. Gillibrand Murphy Wyden the Gulf of Mexico went through the Mr. LEAHY. Mr. President, if I may The motion was rejected. Senate Committee on Energy and Nat- join in this colloquy, I am glad for the Mrs. MURRAY. Mr. President, Sec- ural Resources with the approval of the clarification from the senior Senator tion 401 of the Bipartisan Budget Act of Senate Foreign Relations Committee from Washington and am pleased to 2013 creates a new category of em- because the implementing legislation know it is her legislative intent for the ployee called a further revised annuity was narrow and addressed the ability of Department of Education to continue employee and would require further re- the Department of the Interior to carry to use not-for-profit servicers and vised annuity employees to contribute out the agreement. However, the For- maintain their existing contracts and additional amounts into the Civil Serv- eign Relations Committee engaged in that not-for-profit servicers will be ice Retirement and Disability Fund. It robust oversight of this agreement in permitted to compete in the future for is the intent of Congress for the Office meetings with high-ranking officials at additional accounts. Like other not- of Personnel Management to create a the Department of State and the De- for-profits around the country, the new normal cost for the further revised partment of the Interior, including the Vermont Student Assistance Corpora- annuity employees, and to ensure that submission of a detailed letter with tion, VSAC, has provided counseling the retirement plan not be under- several questions, which received a services and low-cost loans to students funded. lengthy response. These actions reflect and Vermonters for more than 40 years. Additionally, it is the intent that for the Senate Foreign Relations Commit- Since then, VSAC has worked hard to the new further revised annuity em- tee’s intention to retain oversight of establish and maintain strong and ployee plan that the only determinant transboundary hydrocarbon agree- longstanding working relationships of whether an individual is a Federal ments, and to reserve the right to draft with Vermont’s higher education insti- Employee Retirement System, FERS, and oversee implementing legislation tutions, as well as K–12 schools, to pro- employee or Member, as opposed to a for future transboundary hydrocarbon vide outreach programs critical to the FERS revised annuity employee or agreements. economic vitality of Vermont. In their FERS further revised annuity em- Mrs. MURRAY. I thank the chairman new role servicing Federal loans, VSAC ployee, is through application of the of the Senate Foreign Relations Com- has consistently received praise from FERS revised annuity employee test. mittee. It is quite clear by the exten- their customers and scored high in cus- And that the new further revised annu- sive work the committee has done on tomer satisfaction surveys. In fact,

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.060 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8899 when Congress switched to direct lend- Mr. BEGICH. Mr. President, I rise as the Student Assistance Foundation, ing we ensured that not-for-profit well to thank the senior Senator from will be permitted to compete in the fu- servicers would continue to service Washington for her insight and to echo ture for additional accounts. Federal loans because of the superior the comments from my colleagues, es- Ms. MURKOWSKI. Mr. President, I customer service experience that not- pecially my good friend from Alaska. am pleased to know it is the intent of for-profits servicers have consistently The not-for-profit student loan servicer the chairman of the Senate Budget provided. I am glad that Congress is in my State, the Alaska Student Loan Committee—the chief Senate nego- continuing to recognize the importance Corporation, does an outstanding job of tiator for the Bipartisan Budget Act— of not-for-profit servicers in our com- servicing student loans. They take a that nonprofit servicers will continue munities and intends to allow for their proactive and supportive role with the to play an important role in servicing continued role of servicing Federal accounts they receive from the Depart- Federal student loans, both now and in loans and helping more students gain ment, and I want to ensure they will be the future. I strongly support this in- access to college and more students to able to continue to participate in this tent and the vital public service role complete their degrees. important program. I was pleased to that nonprofit and State agency Mr. HARKIN. Mr. President, as chair- learn that the chairman’s intent in in- servicers have played in Federal stu- man of the Health, Education, Labor cluding this language was not to ex- dent loan programs on behalf of Fed- and Pensions Committee, which holds clude not-for-profit servicers from eral student loan borrowers and the jurisdiction over the servicing of our competing for additional servicing ac- American public. I will be one of those Federal student loan programs, it is counts. who will expect the Department to pay my understanding that the intent of Mr. GRASSLEY. Mr. President, I close attention to congressional intent the budget agreement is to allow for would like to associate myself with the in this matter. I also look forward to the continuation of the existing not- comments of the senior Senator from working with my colleagues on both for-profit servicer contracts and that Washington and am pleased to know it the Senate Health, Education, Labor they will be permitted to compete is her intent that the use of not-for- and Pensions Committee and the Ap- based on performance with the Depart- profit servicers continues and that not- propriations Committee to ensure that ment of Education’s title IV servicers for-profit servicers will be permitted to this intent is carried out. for additional accounts, so that stu- compete on an equal basis in the future dents receive the best possible service Ms. COLLINS. Mr. President, I would for additional accounts. like to thank the chairman of the Sen- and taxpayer funds are used efficiently. Mr. KING. Mr President, I wish to as- Mr. ALEXANDER. Mr. President, I ate Budget Committee, who coauthored sociate myself with the comments of this legislation, for clarifying that it is thank the Senator from Vermont for the senior Senator from Washington. I engaging in this dialogue and appre- not the intent of the bill’s authors to am pleased to know that it is her in- require that existing contracts with ciate the Senator from Washington tent that the work of not-for-profit clarifying that it is the intent of the not-for-profit student loan servicers be servicers advances and that they will budget measure for the Department of canceled and that such servicers will continue to be allowed to compete for Education to continue to use not-for- continue to be able to compete for ad- additional accounts in the future. In profit servicers for the Federal loan ditional Department of Education con- Maine, two not-for-profit servicers, the program and that these entities should tracts in the future. Not-for-profit Finance Authority of Maine and Maine be permitted to compete for additional servicers provide students in Maine and Education Services, provide essential loan volume in the future. across the country with important fi- Mr. HATCH. Mr. President, I thank services to Maine students through fi- nancial counseling services, and I am the Senator from Vermont and the nancial literacy education and the pleased to know that they will con- Senator from Washington for providing servicing of Federal student loans. In- tinue to be allowed to compete to per- clarification on this issue. I am happy deed, not-for-profit servicers do mean- form this work under this legislation. to hear that the legislative intent of ingful work across the country, and I The PRESIDING OFFICER. The Sen- the budget deal is to continue the use am glad to know it is the Senate Budg- ator from Arkansas. of the not-for-profit student loan et Committee Chairman’s intent to Mr. BOOZMAN. Madam Chair, I yield servicers and that they will be per- continue to allow these State agencies 1 hour of my time postcloture to Sen- mitted to compete in the future for ad- and nonprofits to play a role in serv- ator SESSIONS. ditional accounts. icing federal student loans. The PRESIDING OFFICER. The Sen- Mrs. SHAHEEN. Mr. President, I Mr. BAUCUS. Mr. President, I would ator has that right. would like to associate myself with the also like to associate myself with the The Senator from Washington. senior Senator from Washington, my comments of the senior Senator from f Washington and am pleased to know it colleague from Vermont, and my col- is her intent that not-for-profit league from Montana. Our Montana MORNING BUSINESS servicers, like the New Hampshire servicer, the Student Assistance Foun- Mrs. MURRAY. I ask unanimous con- Higher Education Loan Corporation dation, provides vital services to Mon- sent the Senate proceed to a period of and the NHHEAF Network, will be able tana students by delivering financial morning business, with Senators per- to continue their important work and aid education, scholarships, and grants. mitted to speak for up to 10 minutes that they will be able to compete in I am therefore pleased to know it is the each, with the exception of Senator the future for additional accounts. intent of the chairman of the Senate GRASSLEY for up to 20 minutes; further, For over 50 years, the New Hampshire Budget Committee that not-for-profit that the time count postcloture. Higher Education Loan Corporation student loan servicers will continue to The PRESIDING OFFICER. Without and the NHHEAF Network have pro- play a role in the servicing market and objection, it is so ordered. vided critical college access, financial will be permitted to compete for future The Senator from New York. servicing contracts. education, and default-prevention pro- f grams to students in New Hampshire Mr. TESTER. Mr. President, I rise to and across the country. The New share in this important discussion and COMMUNITY FIRE SAFETY ACT Hampshire Higher Education Loan Cor- would also like to associate myself Mr. SCHUMER. I ask unanimous con- poration’s dedicated staff services a na- with the comments of the senior Sen- sent the Senate proceed to the imme- tional portfolio over 250,000 borrowers, ator from Washington and my col- diate consideration of H.R. 3588, which helping them to manage repayment of league from Montana. The Student As- is at the desk. almost $5 billion in student loans. sistance Foundation is a strong em- The PRESIDING OFFICER. The These professionals play a uniquely im- ployer in Montana, representing nearly clerk will report the bill by title. portant role in helping students to suc- 200 jobs, and I am pleased to know it is The bill clerk read as follows: ceed in postsecondary education, and I the chair of the Budget Committee’s A bill (H.R. 3588) to amend the Safe Drink- am pleased that it is the Senator from intent that the use of not-for-profit ing Water Act to exempt fire hydrants from Washington’s intent to allow them to servicers continues. I am also pleased the prohibition on the use of lead pipes, fit- continue their work. that not-for-profit servicers, such as tings, fixtures, solder, and flux.

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.058 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8900 CONGRESSIONAL RECORD — SENATE December 17, 2013 There being no objection, the Senate Pennsylvania and I—will now exempt using to block anybody from having proceeded to consider the bill. fire hydrants from the reduced lead amendments in the Senate on serious Mr. SCHUMER. I ask unanimous con- standard, just as bathtub and shower legislation. sent that the bill be read a third time pieces that don’t have contact with the I mean, this is serious legislation we and passed, and the motion to recon- water are exempt. didn’t get to vote on. So the choice for sider be considered made and laid upon Simply put, the EPA’s interpretation our colleagues, when they cast their the table, with no intervening action of reduced lead standards unnecessarily vote, was would they vote to allow an or debate. imposed a huge burden on municipali- amendment to be voted on that would The PRESIDING OFFICER. Without ties and first responders without any protect veterans, military retirees, objection, it is so ordered. discernible safety benefit. We have now from having their pensions reduced; or The bill (H.R. 3588) was ordered to a undone that danger. would they support the majority leader third reading, was read the third time, Mr. PORTMAN. Would the Senator in his determination to block any and passed. yield? amendments to the legislation? So a Mr. SCHUMER. To go over what hap- I yield to my colleague from Ohio. majority has voted. They voted to pened, this is on behalf of myself and The PRESIDING OFFICER. The Sen- block the classical rights of Senators Senator TOOMEY. It is a bipartisan bill. ator from Ohio. to have amendments and therefore to There was a recently released Envi- Mr. PORTMAN. I wish to thank the protect the leadership and the domina- ronmental Protection Agency interpre- Senator and our colleague from Penn- tion of this Senate in an unprecedented tation of a law that could cost local sylvania, Mr. TOOMEY, for the work on way by the majority leader. governments, municipalities, and tax- this issue. He has already filled the tree more payers across the country millions of Municipalities all around the coun- times than the previous four majority dollars and undermine public safety. try, including my State of Ohio, were leaders combined—more than twice as It is a classic case of the Federal bu- shocked to hear about this. I appre- often. On every bill now, it seems, he reaucracy and restriction harming our ciate joining my colleague from New fills the tree. To get an amendment, he local communities and their budgets. York in a letter to the EPA. has to approve it or you don’t get it. If No one would believe this, but it is Cash-strapped cities in New York, he decides there are no amendments, about one of the most basic functions Ohio, and other States are happy to there are no amendments. So this is of government—fire hydrants. know they are not going to have to contrary to the tradition of the Senate, Almost 3 years ago, Congress passed take on this burden. It makes sense to and we have to change this. This high- the Reduction of Lead in Drinking stop, take a look at this, and be sure lights the danger of supporting that Water Act, legislation with an admi- we are not forcing these hydrants— kind of process because it keeps us rable goal, a goal that is spelled out that are otherwise in good shape—to be from fixing bad legislation and improv- right in the name, and the law is set to repaired and replaced. It is not some- ing it. be implemented on January 4, 2014. thing that is in the budgets of these I thank the Chair, and I yield the As we know, Congress intended for cities. floor. this law to direct the EPA to make I appreciate the Senator’s work on it The PRESIDING OFFICER. The Sen- rules that would keep our drinking and look forward to ensuring that this ator from Iowa. water safe from coming into contact does not move forward into regulation f with lead-based parts. Congress did but also that we figure out a more sen- MAYORKAS NOMINATION that and EPA exempted parts in bath- sible way to deal with the issue. Mr. GRASSLEY. Madam President, tubs and showers that don’t have direct Mr. SCHUMER. I thank my colleague soon we will be voting on the nomina- impact on the quality of the drinking from Ohio. We appreciate his good tion of Mr. Mayorkas for Deputy Sec- water, such as the knobs, the hot and work. We have now saved municipali- retary of the Department of Homeland cold knobs. Of course, the faucets ties millions of dollars, as well as en- Security. I have concerns about the would be under the law. sured safety in our communities be- nomination. First, I will discuss how But at the end of October, suddenly, cause the fire hydrants that are in Mr. Mayorkas has carried out the the EPA released a new interpretation stock will be able to be used. President’s directive giving legal sta- of the law that for the first time put I yield the floor. tus to thousands of individuals who are fire hydrants under the new standard The PRESIDING OFFICER. The Sen- in the United States unlawfully. set by law, meaning everyone needs to ator from Alabama. In 2012, Mr. Mayorkas was charged buy and install new and upgraded fire Mr. SESSIONS. On the last vote, I with implementing this President’s di- hydrants that contain less lead. wish to mention to my colleagues what rective known as DACA—DACA—De- It took everyone by surprise. Only a happened and what has happened. A ferred Action for Childhood Arrivals. I small fraction of fire hydrants are ever major bill dealing with the debt of the have always questioned whether the used for drinking water. Even when United States was supposed to come President’s directive is legal. The ad- they are, lead poisoning is associated out of a budget conference committee ministration never responded to our re- with long-term exposure, which does and come here. quests for their legal basis or opinions. not occur on the occasions when some- The budget conference committee This administration has not been one might drink from a hydrant. failed to complete its meetings and a transparent about who is getting de- While that surprising rule was an- piece of legislation was sent to the ferred action, how they are processing nounced at the end of October, the EPA Senate. That legislation has not been them, and whether those who have expects all new fire hydrants installed subject to amendment. been denied have been processed for re- after January 4 to be of this new re- The majority leader decided there moval. duced-lead standard. No manufacturer would be no amendments, and he would They may call this program Deferred can make fire hydrants that quickly. If simply tell us that if we have amend- Action for Childhood Arrivals, but it the interpretation stands, cities and ments that will kill the bill or if we clearly benefits older adults, and pos- county water authorities would be have amendments that will make us sibly people who intentionally broke forced to throw out hundreds of hy- delay, we can’t do it and we will not do our laws. The agency didn’t deny any drants now in stock, wasting millions it and we will not get an amendment. single applicant until after the 2012 of dollars and passing that waste on to A number of good amendments have election. We still don’t know how many consumers in terms of rate hikes. At been filed. The one we just voted on people were actually denied. We do the same time, there would be no new was one of the more egregious. That know, however, that people were ap- hydrants they could install when a fire amendment reduces the retirement pay proved despite shoddy evidence, such as hydrant malfunctioned, when it was of the U.S. military without reducing an Xbox receipt and Facebook posting. run over by a car in an accident or the retirement pay of anyone else who They always seem to find a way to get when a snowplow knocked it down. served in government, only the mili- approval. We are pleased this legislation we tary. So I moved to table the filled tree All denials for DACA have to be run have just passed—my colleague from that Majority Leader REID has been through Washington. Adjudicators on

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.061 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8901 the line were given clear instruction ly so. Further, we asked for an expla- partment and the whistleblower agreed they were not allowed to deny any ap- nation of why that information would to try mediation. The majority tried to plicant. Whistleblowers tell me that be withheld while the committee was claim the special counsel’s case was, Mr. Mayorkas himself had to approve considering the nomination. therefore, closed. However, I did state all denials. Understand, the Senate has a con- on the floor the special counsel’s inves- Think about that. No denials were al- stitutional function of providing advice tigation would continue if mediation lowed unless the head of the agency and consent on these nominations. In failed. personally approved the denial. What order to do our duty, every Senator Nevertheless, despite the open spe- kind of message does that send to civil who is asked to vote on that nominee cial counsel investigation, we voted on servants, the career employees trying needs to have all the relevant informa- July 31 to confirm Mr. Jones. In early to do their job under the law as the law tion about that nominee, and particu- September, the whistleblower’s medi- requires, and to be very impartial. The larly when there is a pending investiga- ation with the Justice Department did, boss has his thumb on the scales. That tion. indeed, fail. isn’t the rule of law. To its credit, the Office of Inspector The special counsel has resumed its Mr. Mayorka’s message to adjudica- General answered our questions and investigation of Mr. Jones, just as the tors seems to have been that they had confirmed there was indeed an open special counsel had told the Senate better get to yes or he would person- criminal investigation. Their written that it would. So the retaliation com- ally get involved. This ‘‘get to yes’’ description stated that the inquiry in- plaint against Mr. Jones is still pend- philosophy came up time and again volves ‘‘alleged conflicts of interest, ing this very day. We don’t know what with agency whistleblowers. The Office misuse of position, mismanagement of the outcome will be because we did not of Inspector General looked into the the EB–5 program, and an appearance take time to gather the facts, as Sen- situation and the inspector general of impropriety by Mayorkas and other ators should. If we are unwilling to confirmed what employers had said. A . . . management officials.’’ wait for an executive branch inquiry, quarter of Immigration Service Offi- How was it possible that this infor- then we should further gather the facts cers interviewed felt pressured to ap- mation was withheld from staff for the ourselves. Last week, Ranking Member COBURN prove questionable applicants, and 90 ranking member of the committee con- asked Chairman LEVIN of the Perma- percent felt they didn’t have sufficient sidering that nomination? If not for nent Subcommittee on Investigations time to complete the interviews of the whistleblowers who came forward, whether that committee would con- those who seek benefits. The report of would we have known of the investiga- sider interviewing witnesses in the con- the Office of Inspector General clearly tion? When a nominee is under investiga- troversy involving Mr. Mayorkas. showed the agency had been pervaded tion, the Senate has no business ap- While he declined, Chairman LEVIN by this ‘‘get to yes’’ culture. rightly noted if the subcommittee were Unfortunately, that culture hasn’t proving that nominee until the facts going to launch such an investigation, changed under Mr. Mayorkas’s leader- are in. Historically, committees have the vote on Mr. Mayorkas would need ship. In fact, based on concerns I heard followed this precedent. As ranking member COBURN explained last week, to be delayed. I completely agree. This from whistleblowers who contacted my both the President and the Vice Presi- vote should not take place until some- offices in mid-July of this year, it dent supported this precedent when one has been able to gather testimony seems to have even gotten worse. These they were in the Senate. and draw conclusions about these alle- whistleblowers were aware that Mr. In July 2005, one ambassadorial gations. Mayorkas had been nominated to this nominee owned a company under inves- Whistleblowers have provided my of- Homeland Security position by late tigation. Then-Senator BIDEN spoke fice with very troubling evidence re- June. They were also aware that since out and supported delaying the vote on garding the substance of some of the the fall of 2012, Mr. Mayorkas had been that nomination because of the inves- allegations. Much of the evidence in- the subject of an Office of Inspector tigation. Eventually, the nominee’s volves the EB–5 regional center pro- General investigation into allegations company agreed to settle the investiga- gram, which Mayorkas is responsible of ethical or criminal misconduct. tion against it. Then-Senator Obama’s for managing. The evidence appears to When Mr. Mayorkas’s nomination spokesman issued a statement saying support allegations Mr. Mayorkas and hearing was scheduled, the whistle- that due to the fact that a settlement his leadership team at Citizenship and blowers were very surprised. They won- was reached, Senator Obama would not Immigration Services are susceptible dered why a hearing would proceed seek to block the nomination. to political pressure and favoritism. while the investigation was still open Like then-Senators Obama and Our immigration system should be gov- and pending, and then contacted my of- BIDEN, I believe the Senate should wait erned by equal application of the law, fice to make sure Congress was told for investigations to conclude or, if the not by who has the best political con- about the investigation. The existence executive branch is taking too long, nections to the director of the agency. of this investigation was news to me at then Congress should do its own fact- I have given Mayorkas a chance to that time. However, I didn’t sit on the finding. But forcing Senators to vote in defend himself and explain the evi- Committee on Homeland Security and ignorance is not a legitimate option. In dence, which seems compelling. Back Governmental Affairs. So my staff con- fact, it is irresponsible. in July and August I wrote several let- tacted the staff of the ranking member Voting to approve a nominee who is ters to Mr. Mayorkas outlining whis- of that committee, Senator COBURN. under investigation without waiting tleblower allegations and attaching His staff was also unaware the nominee for the facts is incredibly risky. What some of the documents the whistle- was under investigation by the Inspec- if the investigation determines allega- blowers provided. I asked how he ac- tor General. tions are true? By rushing to approve counted for this evidence, but he has It is extremely troubling that a hear- the nominee, this body would have utterly failed to reply to my letters. ing was scheduled to proceed without failed one of our key functions under It has been 4 or 5 months since I sent the ranking member of the committee the Constitution. Mr. Mayorkas these letters. Just like knowing about the pending investiga- I pointed this out when the Senate his personal oversight of DACA, these tion of the nominee within the execu- was considering the nomination of B. documents show Mr. Mayorkas being tive branch. Both my staff and the Todd Jones to become permanent head much more directly involved in indi- staff of Ranking Member COBURN con- of the Bureau of Alcohol, Tobacco, vidual EB–5 cases than he has led my tacted the inspector general’s office. Firearms and Explosives. Mr. Jones staff or the Homeland Security and We told his office about the whistle- was the subject of an Office of Special Governmental Affairs Committee to blower allegations and asked for con- Counsel investigation due to allega- believe. They appear to show him in- firmation as to whether there was an tions he retaliated against a whistle- tervening in EB–5 decisions involving open inquiry. blower in the U.S. Attorney’s office in Gulf Coast Funds Management, an or- This type of procedural information Minnesota. ganization run by nobody other than is routinely disclosed by an inspector As Mr. Jones’ nomination progressed Hillary Clinton’s brother Anthony general’s office to Congress, and right- through the Senate, the Justice De- Rodham.

VerDate Mar 15 2010 02:03 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.062 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8902 CONGRESSIONAL RECORD — SENATE December 17, 2013 This decision benefited GreenTech them in classified government files, shooting this weekend. Almost 12,000 Automotive, a company run by Terry but they were given little or no guid- people have died at the hands of guns McAuliffe which was receiving funding ance about how to make sure that such since then. from Gulf Coast Funds Management. were denied. Instead, they were pres- I have tried to come to the floor of This evidence about political influ- sured to approve applications as quick- the Senate in the months since to re- ence and intervention is particularly ly as possible. mind folks that these victims have sto- troubling because of Mr. Mayorkas’ Simply put, the integrity of our im- ries and to give voice to these victims. prior history. In 2001 Mr. Mayorkas had migration system is in question as long I will share a few more today. a role in a group of pardons and as the program continues without We were all gripped just a few days commutations issued by President needed reforms which could be done ago by news of another school shoot- Clinton in the closing days of the sec- this very day. ing. Not too far from Columbine, ond term. A 2002 House report found On May 15, 2012, Chairman LEAHY and Arapahoe saw another very troubled that then-U.S. Attorney Mayorkas in- I wrote to Mr. Mayorkas regarding the young man walk in with a shotgun and appropriately sought to influence a de- program and expressed our concerns essentially open fire, apparently be- cision regarding whether drug traf- about the potential for abuse of the cause of a grievance he had with his de- ficker Carlos Vignali’s prison sentence program. We asked for his commitment bate coach. Caught in the crossfire was should be commuted. to administratively reform two aspects a 17-year-old girl, Claire Davis. However, my concerns about the in- of the program. He responded that he Claire was described as outgoing, vestigation pending against Mr. was interested in the reforms. Yet it athletic, and an excellent student. Ac- Mayorkas are about more than just im- has been a long 19 months and he has cording to reports, she loved horses and proper political influence. Under his taken no action. recently placed second in an equestrian leadership over the last few years, the Mr. Mayorkas says he is concerned competition. Another student said EB–5 Program has grown far beyond its with fraud and abuse of the program, Claire is ‘‘one of the nicest people I’ve original intent, which I supported. It is but actions speak louder than words. met at Arapahoe’’ High School. Claire, intended to be an avenue for foreign in- Despite my recent letters with ques- 17 years old, survived, but she is still in vestors to participate in new commer- tions about fraud and security con- a coma today just because she was in cial enterprises which actually create cerns, not to mention political influ- the wrong place at her high school—a jobs in this country in exchange for a ence, Mr. Mayorkas is either com- place where everyone expects to be U.S. visa. The program was created as pletely unwilling or unable to respond able to go to school in safety. She isn’t a pilot, allowing regional centers to to the allegations. on this number yet because she sur- pool funds from investors to create new I sat down with Chairman CARPER on vived, but her life is changed forever businesses and jobs. In the process, the August 1, and he agreed that I deserved because of yet another school shooting. centers had to prove they were cre- answers to my questions from the School shootings now seem to pop up ating the jobs they promised to create. nominee. Now he has pressed forward on the news on a weekly basis. But it is Skeptics questioned whether the pro- without getting answers. I am truly not just these school shootings where gram truly creates jobs. Whistle- surprised that this majority is not in- mass violence takes place. Now you blowers have expressed concerns that terested in getting to the bottom of can pick up most local papers every foreign investors are not being vetted these allegations—in other words, month and see evidence of a new mass carefully enough. They say Mr. something that is under investiga- shooting. Mayorkas is more interested in approv- tion—the same way that Senator BIDEN In Manchester, CT, on December 7 of ing applications quickly than making and Senator Obama demanded that we this year, 41-year-old John Lynn shot security checks more robust. do during a previous Presidency. Brittany Mills, 28, Kamesha Mills, 23, Given what we know about these se- If this body is unwilling to await the and Artara Benson, 46, before killing curity concerns inside the agency, Con- end of an investigation or if we aren’t himself in a quadruple murder. He had gress needs to reexamine this program. willing to conduct our own inquiry, one a history of domestic violence. Police It should serve its purpose without day this whole nomination will come haven’t completely sorted out exactly compromising our national security. back to bite us. As I said when B. Todd what happened, but all four of them are Mr. Mayorkas claims he has changed Jones was confirmed, eventually a situ- dead, marking the eighth homicide the program since learning of fraud and ation will embarrass the Senate and stemming from intimate partner vio- security concerns. The only tangible damage the reputation of the Federal lence in Connecticut since January 1, change we have seen is that additional Government. 2013. economists have been hired and adju- If this majority is determined to ig- Just days before, in Alma, AR, Tim dicators from California were moved nore ongoing investigations and at the Adams, believed to be in his early fif- here to Washington, DC. Yet moving same time ram through nominees, the ties, before killing himself killed his 4- the EB–5 process to Washington in- American people should hold the Sen- month-old grandson, 4-year-old grand- creased Mr. Mayorkas’ control over the ate accountable for not doing its con- daughter, and Michael Williams, the program, just as he has in the DACA stitutional job—in fact, refusing to do 31-year-old boyfriend of his daughter, Program. its constitutional job. in the midst of what seemed to be a Whistleblowers have provided me I yield the floor. pretty simple argument about his with emails from Mr. Mayorkas saying The PRESIDING OFFICER. The Sen- daughter’s court date that exploded that he wants to keep fraud and na- ator from Connecticut. into an episode of mass violence that tional security concerns about f took the lives of a 4-month-old, a 4- GreenTech or the SLS Hotel in Las year-old, a 31-year-old, and then, as Vegas ‘‘close hold.’’ As I said earlier, ENOUGH IS ENOUGH many of these episodes do, the life of the rule of law isn’t possible when the Mr. MURPHY. Madam President, I the shooter himself. boss has his thumbs on the scales. come to the floor for a few minutes, as These episodes of mass shootings are Further, the regional center program I have most weeks, to mark a new not just happening in schools, movie has serious national security risks that number. That number is 11,584—the theaters, or places of worship; they are the Director hasn’t addressed. He con- number of gun deaths America has ex- happening in backyards in Alma, AR, vened a working group with national perienced over the last year, since De- and they are happening in apartment security advisers but no formal product cember 14 of last year. That date is complexes in Manchester, CT. And this was finalized. The interagency collabo- burned in the memories of those of us body, in the 360-some-odd days since rations seemed to fizzle. Whistle- in Connecticut and across the Nation December 14, has done absolutely noth- blowers say the working group was because that was the date 26 people—20 ing about it. The survivors of these in- mere window dressing. little 6- and 7-year-olds and 6 teachers cidents of violence are the stories we In the agency, employees received and educators who were there to pro- don’t talk about. EB–5 applications from individuals tect them—died in Sandy Hook. We I have come down here to tell the with derogatory information about recognized the 1-year mark of that story today of Claire Davis, Brittany

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.064 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8903 Mills, Kamesha Mills, Artara Benson, programs such as Medicaid or the men- barrassed that I have just called him Tim Adams, Chayson Williams, Kierra tal health block grant, then they are out. Adams, and Michael Williams. They all undermining the very programs that Todd joined my office in September died by gunshots. They left behind chil- actually identify and help people such of 2012 as a Geological Society of Amer- dren, parents, and neighbors who are as Karl Pierson or Adam Lanza. ica-U.S. Geological Survey congres- scarred for life. Enough is enough. I will be down sional science fellow. He has contrib- Psychologists will tell you that when here after the holiday, and that num- uted considerable scientific under- a shooting occurs, there are at least 10 ber will be over 12,000—12,000 individ- standing and analytical rigor to our people who experience life-altering uals, many of them little girls and boys work. His ability to interpret the lat- trauma. What we know is that episodes like those represented on this chart: est climate research has helped me to of trauma don’t just affect you up here; Daniel Barden and Jesse Lewis and convey complex scientific concepts they affect your entire body. We have Dylan Hockley. both accurately and in a way that is new developing evidence which shows Back in Newtown, out of respect for accessible and meaningful to policy- that children who experience multiple the families who are tired from 365 makers and the public. You may be episodes of trauma in their lives—and days of grieving, there was no big pub- used to seeing him with me here on the they don’t have to be as grave or seri- lic remembrance on Saturday. There floor for each week’s speech, but he has ous as a shooting—are physiologically was a small private ceremony which I also been effective in researching legis- affected for the rest of their lives. Peo- had the honor of attending at St. Rose lation and preparing for hearings in the ple who witness trauma and experience Church, where so many of the children Environment and Public Works Com- trauma die earlier than people who were parishioners. mittee. don’t, never mind have episodes related As tired as that community is, they I say this because this week marks to post-traumatic stress that stay with also were bewildered, in Newtown, be- the end of Todd’s fellowship and he will them for the rest of their lives. So the cause they went up to the State capitol soon return home to Rhode Island with spillover, the ripple effects of these in Connecticut and got laws passed his wife Allison. Allison Bianco, by the 11,000 deaths, frankly, represents a that will prevent these kinds of epi- way, is a very talented artist whose number that can’t even fit on a chart sodes of mass violence in the future, work reflects our deep human connec- like this. but they came down to Washington tion to the natural world. In addition There is no simple solution. Some- and, while they got a lot of meetings, to lending us Todd, Allison has also times it seems as if the only thing we they got absolutely no progress—zilch, lent us some of her artwork which is come down here and talk about is zip, nada. hung on display in my front office. So stricter gun laws. And I don’t believe As we head into 2014, I hope the mem- in addition to thanking Todd for his ef- there is any reason why we don’t re- ory of these little boys and girls will forts, I also want to thank Allison. quire background checks for guns be- not fade as we get beyond the 1-year Todd, like me, is an over-married fore they are purchased or we don’t mark of Sandy Hook. My hope is people human being. just simply say that these dangerous will start paying attention to this I wish them both the best of luck assault weapons should stay out of the number, creeping up to 12,500 deaths, back home, and I thank Todd for his hands of people who aren’t in law en- and will recognize that while this num- work in the U.S. Senate to advance re- forcement or the military. But that is ber simply represents the number of sponsible public policy, grounded firm- not the beginning and end of the con- people who have died, there are all ly in the best science. versation. sorts of people out there such as Claire It is time at last for Congress at least This young man, Karl Pierson, who Davis, who survived, but survived gun to heed that best science and act re- walked into Arapahoe High School incidents that will cripple them for the sponsibly. It is time to wake up. Deny- started shooting the place up because rest of their lives, and there are, frank- ing and delaying is irresponsible. In the he was upset about his place on the de- ly, hundreds of thousands of more peo- judgment of history, it will ultimately, bate team. He apparently had a history ple who surround these incidents of vi- I believe, be shameful. Carbon pollu- of disciplinary incidents at that school, olence who have their lives changed tion from the burning of fossil fuels is but he clearly had some serious issues forever because of the trauma they ex- altering the climate. The consensus of mental illness not identified and perienced. around this fact within the scientific treated. Of course, the same thing can All of these victims, whether they community is overwhelming, and pub- be said of Jared Lee Loughner and were killed in the incident or were part lic awareness of this crisis is growing Adam Lanza and this long list of mass of the collateral damage, have voices, stronger. shooters across this country. We abso- voices that should command this place Interestingly, it is growing stronger lutely have to put more resources into sometime soon to action. across party lines. Republicans might our mental health system. I yield the floor. want to listen to this. A survey con- I appreciate my colleagues on the The PRESIDING OFFICER. The Sen- ducted for the League of Conservation other side of the aisle who have said: ator from Rhode Island. Voters found that more than half of We are not willing to go with you when Mr. WHITEHOUSE. Madam Presi- young Republican voters, 53 percent of it comes to background checks or as- dent, I ask consent to speak as in Republicans under the age of 35—53 sault weapons, but we will work with morning business for up to 20 minutes. percent would describe a politician who you on mental health funding. The PRESIDING OFFICER. Without denies climate change is happening as In order to do that, we actually have objection, it is so ordered. ‘‘ignorant,’’ ‘‘out-of-touch,’’ or to put the money behind the system. f ‘‘crazy.’’ Madam President, 53 percent We have closed down 4,000 in-patient of Republicans under 35 view that kind CLIMATE CHANGE mental health beds in this country of climate denying as ‘‘ignorant,’’ over the last 5 years. Why? Because the THANKING TODD BIANCO ‘‘out-of-touch,’’ or ‘‘crazy.’’ Federal Government is pulling funding Mr. WHITEHOUSE. Madam Presi- Even though a majority of young Re- from the very programs that actually dent, this is my 53rd time for consecu- publicans understands that denying cli- support increased mental health re- tive weeks we are in session that I have mate change is out of touch with re- sources which can identify these indi- come to the floor to speak about cli- ality, Republicans in Congress refuse viduals before they perpetrate inci- mate change and to urge my colleagues to get serious. Why? Another national dents of mass violence. So there is an that it is time to wake up. These survey, this one by the Pew Research illusion of bipartisan support around speeches are not easy. A great deal of Center, found that 61 percent of non- the issue of mental health even while effort goes into assisting me with re- tea-party Republicans actually agree we have these outstanding disagree- search and crafting of them. I am par- there is solid evidence the Earth is ments on gun laws. Yet there really ticularly grateful for the hard work of warming, with a plurality saying it is isn’t agreement because when you are Dr. Todd Bianco in helping me to pre- mostly because of humans. But the tea fighting over the budget, when Repub- pare them. He is the fellow sitting on partiers are different. Seventy percent licans are calling for massive cuts to the other side of the sign, looking em- of tea partiers, contrarily, say there is

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.065 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8904 CONGRESSIONAL RECORD — SENATE December 17, 2013 ‘‘no solid evidence’’ the Earth is warm- tween cutting spending on programs Ameri- Nixon and Secretary of State under ing and 41 percent of tea partiers assert cans cherish or raising taxes on American President Reagan. He, too, is calling that warming is ‘‘just not happening.’’ job creators. But there is a better way: We for an end to the polluters’ free ride. could slash our debt by making power plants In an April op-ed with Nobel econo- Not that we don’t have enough infor- and oil refineries pay for the carbon emis- mation yet, but it is ‘‘just not hap- sions that endanger our health and environ- mist Gary Becker that appeared in pening.’’ ment. This policy would strengthen our RealClearPolitics, George Schultz ap- Regardless of what you think is the economy, lessen our dependence on foreign pealed to our American sense of fair- cause, there are legion independent oil, keep our skies clean—and raise a lot of ness writing: measurements that the Earth is warm- revenue. The best approach [they continue] Americans like to compete on a level play- ing. This is not a theory. We measure would be to use a market mechanism such as ing field. All the players should have an that the temperature of the atmos- the sale of carbon allowances or a fee on car- equal opportunity to win based on their com- phere and oceans is rising. We measure bon pollution to lower emissions and in- petitive merits, not on some artificial imbal- crease revenue. that snow, ice caps, and glaciers are ance that gives someone or some group a melting. We measure that seas are ris- For one former Republican Member special advantage. We think this idea should be applied to energy producers. They all ing. We measure that the very seasons of this body, the threat of climate change has serious professional impli- should bear the full costs of the use of the are shifting. energy they provide. It is one thing to be the party that is cations. As Secretary of Defense, it is Let me repeat that: against science. The tea partiers would Chuck Hagel’s job to account for all make it the party against measure- hazards to our national security and They all should bear the full costs of the our interests in the world. He gave this use of the energy they provide . . . Clearly, ment. Just as the tea partiers led the a revenue-neutral carbon tax would benefit Republicans off the government shut- clear-eyed assessment at the Halifax International Security Forum just last all Americans by eliminating the need for down cliff, just as the tea partiers tried costly energy subsidies while promoting a to defeat the budget deal most Repub- month: level playing field for energy producers. Climate change does not directly cause licans supported, so the tea party Veterans of a much more recent Re- wants to lead the Republican Party off conflict, but it can significantly add to the challenges of global instability, hunger, pov- publican administration are likewise the climate cliff. erty, and conflict. Food and water shortages, acknowledging the appeal of a carbon Outside these walls it is different. pandemic disease, disputes over refugees and fee proposal. Responsible Republican voices more resources, more severe natural disasters—all David Frum, speechwriter to George and more acknowledge the threat of place additional burdens on economies, soci- W. Bush, wrote in a December 2012 climate change and call for responsible eties, and institutions around the world. . . . cnn.com op-ed that a carbon fee could solutions. Many want to correct the The effects of climate change and new en- help address a number of pressing na- ergy resources are far-reaching and unpre- market failure that aids and abets the tional issues. Here is what he wrote: polluters’ irresponsible practices. dictable . . . demanding our attention and strategic thinking. Take three worrying long-term challenges: My colleagues, Representative HENRY Top advisers to former Republican climate change, the weak economic recov- WAXMAN, Representative EARL BLU- ery, and America’s chronic budget deficits. MENAUER, Senator BRIAN SCHATZ, and I Presidents have joined this chorus of Combine them into one. And suddenly three have put forward just such a market- Republicans speaking out on climate tough problems become one attractive solu- based proposal, a revenue-neutral fee and urging a carbon fee. Republican tion. Tax carbon. . . . The revenues from a on carbon emissions, the revenues of Presidents listened to these men and carbon tax could be used to reduce the def- which would be returned back to the women. Who knows, maybe Republican icit while also extending new forms of pay- Members of Congress will listen to roll tax relief to middle-class families, thus American people. Here, within Con- supporting middle-class family incomes. gress, where the polluters’ money flows them also. so abundantly, no Republican colleague William D. Ruckelshaus, Lee M. Gregory Mankiw, economic adviser has come forward to join us. But out- Thomas, William K. Reilly, and Chris- to George W. Bush and Mitt Romney, side of Congress here are some of the tine Todd Whitman, all headed the En- specifically highlighted our carbon fee responsible voices in the Republican vironmental Protection Agency during proposal in an August op-ed in the New Party: Former South Carolina Rep- Republican administrations. They York Times. Our bill, he wrote, ‘‘is resentative Bob Inglis has long urged spoke with one voice in an August New more effective and less invasive than his party to get serious on climate York Times op-ed. They wrote: the regulatory approach that the fed- change. In an article in the Duke Envi- As administrators of the EPA under Presi- eral government has traditionally pur- ronmental Law & Policy Forum this dents Richard M. Nixon, Ronald Reagan, sued.’’ George Bush and George W. Bush, we held Speaking of us, he said: year, Mr. Inglis invoked the tenets of fast to common-sense conservative prin- conservative economics. He wrote: If the Democratic sponsors conceded to ciples—protecting the health of the Amer- using the new revenue to reduce personal If you’re a conservative, it is time to step ican people, working with the best tech- and corporate income tax rates, a bipartisan forward and engage in the climate and en- nology available, and trusting in the innova- compromise is possible to imagine. Among ergy debate because we have the answer— tion of American business and in the market economists, the issue is largely a no- free enterprise. . . . Conservatives under- to find the best solutions for the least cost. brainier. stand that we must set the correct incen- These former Republican officials I say to Mr. Mankiw, as one of the Demo- tives and this should include internalizing recognize both the wisdom of properly cratic sponsors, we are very interested in a pollution and other environmental costs in pricing carbon and, as well, the obsti- bipartisan compromise. We just need a Re- our market system. We tax income but we publican to come to the negotiating table don’t tax emissions. It makes sense to con- nate opposition that stands in the way of progress in Congress. They contin- and we can begin. That is what the American servatives to take the tax off something you people want, what voters want, and it is want more of, income, and shift the tax to ued in their article: what responsible State and local leaders something you want less of, emissions. A market-based approach, like a carbon want as well. That was Bob Inglis and that is ex- tax, would be the best path to reducing greenhouse gas emissions, but that is Take, for example, Jim Brainard, a actly how you use his words ‘‘inter- five-term Republican mayor from Car- nalize pollution and other environ- unachievable in the current political grid- lock in Washington. But we must continue mel, IN. In an Indianapolis Star op-ed mental costs in our market system.’’ efforts to reduce the climate-altering pollut- this month, Mayor Brainard implored You do it with a carbon fee. ants that threaten our planet. The only un- Democrats and Republicans alike to Sherwood Boehlert and Wayne certainty about our warming world is how face up to the reality of climate Gilchrest, former Republican Rep- bad the changes will get and how soon. What change. Here is what Mayor Brainard resentatives from New York and Vir- is most clear is that there is no time to said: ginia, in a joint February 2012 op ed waste. [T]his issue isn’t just about saving polar with Representative WAXMAN and Sen- They could even have said that it is bears. It’s about saving our cities. . . . No ator MARKEY, made the fiscal case for a time to wake up. matter your politics, there is overwhelming carbon fee. Here is what they said: George Schultz, another prominent evidence of climate change and we as a na- The debate over how to reduce our nation’s Republican, served as Secretary of both tion have a moral obligation to address these debt has been presented as a dilemma be- Labor and Treasury under President issues.

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.066 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8905 For himself, he says he plans ‘‘to The deficits of the past 4 years have security, and, yes, we will have a small urge the federal government to take a been the largest deficits in the history deficit reduction—again, about $22 bil- stronger leadership role in helping our our country, and one reason is we have lion. cities prepare for what is certainly not had the discipline that comes with Let’s be honest about the oppor- coming our way.’’ having a budget and being sure there is tunity Congress missed this week with There are a lot of Republicans out some accountability for the spending. this budget agreement. When it comes there who are awake to the threat of We have not made the hard choices our to the very real budget and fiscal prob- climate change and to the win-win-ben- constituents have to make every day, lems we face as a country, when it efits of pricing carbon and using the how much to spend and what to spend comes to the mandatory spending, revenues to invest in tax reductions it on. That is what a budget is supposed which is two-thirds of the budget and is and adaptation and other ways to pro- to do. on autopilot, that is the part that is tect ourselves and advance our econ- This budget agreement we will be driving our country toward bankruptcy omy. voting on this week is far from perfect. and threatening to undermine impor- Unfortunately, in Congress, the dark, There is a lot I don’t like about it. In tant vital programs, such as Social Se- heavy hand of the polluters is helping fact, I just supported the attempt to curity, Medicare, and Medicaid. the tea party drive the Republican amend it on the floor of the Senate to We have done nothing on that side of party off the cliff. One day the Repub- improve it, but I do believe that with a the ledger in this budget agreement. lican Party will pay a heavy price for divided Congress—Republicans in We kicked the can down the road one this, and that day may be soon. They charge in the House, Democrats in more time and missed the opportunity. need to make the change. charge in the Senate—it was the best As we all know, unless we address It is the responsibility of Congress to we could hope for. There were no tax these fiscal problems, the day of reck- heed the warnings of environmental ca- increases, as the Democrats wanted. oning is coming. lamity, to stamp out market distor- We just heard from one of my col- This is a pie chart of Federal spend- tions that favor polluters, and to steer leagues about how more taxes are need- ing that will kind of show where we are this country on a prudent, reasonable ed, but there were no tax increases in relative to 1965 when mandatory spend- path toward a proud future that is both this budget agreement. ing—again, this is the part Congress sustainable and equitable. It is time for There is actual deficit reduction, al- does not appropriate. It is on autopilot. Congress to wake up. though I will acknowledge that the def- It is 34 percent of the budget. Defense I yield the floor. icit reduction is way too small. There is 43 percent of the budget, domestic The PRESIDING OFFICER (Mr. DON- is about $22 billion in deficit reduction discretionary is 23 percent. NELLY). The Senator from Ohio. over 10 years compared to the existing Here is where we are today: Manda- f law. tory is 66 percent of the budget. We It does provide some sequester relief went from 34 percent to 66 percent. Re- BUDGET AGREEMENT for the Department of Defense. The De- member, this is Social Security, Medi- Mr. PORTMAN. Mr. President, I rise partment of Defense was facing across- care, Medicaid, also interest on the to talk about the budget agreement be- the-board sequester cuts which were debt. By the way, defense spending has fore the Senate. We had a vote today kind of arbitrary across-the-board cuts gone from 43 percent down to 18 per- on moving ahead to that legislation, of about $20 billion starting on January cent. Yet the sequester disproportion- and I supported that movement. I sup- 15 and over the next few months. ately takes most of the savings out of ported the cloture vote and will sup- This relief is very important to our defense, which is one of the reasons port the underlying budget agreement military. We have heard from them. It this budget agreement was needed. because it does take modest steps to is important to our readiness. It is im- We have seen big growth in manda- reduce the deficit. It does so without portant to our troops. It is important tory spending. By the way, over the raising taxes. It also relieves some of to Wright-Patterson Air Force Base in next 10 years, it goes from 66 percent to the sequester’s worst impact on our na- Ohio and other bases around the coun- 76 percent. What does that mean? That tional security, and it also prevents an- try. It is important to our war fighters means it crowds out discretionary other government shutdown next who are stationed around the globe to- spending—defense spending, research month and also next year. night and putting their lives on the spending, education spending, infra- I also support it because it is time for line for us. So I think the sequester re- structure spending. That is what is us to have a budget. We have not had a lief for the Department of Defense that happening. budget for 4 years. It will enable us to is in the budget agreement is impor- Our deficits are going to record highs begin the process of having appropria- tant. over the next couple of decades and tions bills again. In the appropriations While this might be the best 2-year mandatory spending is exploding and it process, of course, we have oversight budget agreement that is imaginable in is squeezing the other spending in our over the Federal departments and a time of a divided government, such as budget. agencies and we prioritize spending, we have with all of the dysfunction in Over the next decade, the Federal which is very important. Among other this town, it is certainly not the com- Government is going to collect revenue things, this will give us the oppor- prehensive agreement the American of about $40 trillion, spend about $46 tunity to root out some of the waste people deserve. trillion, and run a deficit of $6.3 tril- and fraud and actually determine what Through this agreement, Congress lion. Over the next 10 years, there will programs are working and not working has now accomplished the bare min- be another $6.3 trillion on top of the $17 to be able to use the power of the purse imum of what the American people trillion debt. that Congress has, to help be sure tax- should be able to expect from Congress. In that 10th year, by the way, 2023, payer funds are being used efficiently After all, Congress does have, as I said the best case scenario has a projected and effectively. earlier, the power of the purse, and annual deficit of nearly $1 trillion—$895 As Members know, this agreement that is in the Constitution. Every dime billion for 1 year. By the way, it as- was the culmination of what is called a has to be appropriated by the Congress. sumes no wars, it assumes a decade of Budget Conference Committee between We should be the ones determining how prosperity, and it assumes 10 years of the House and the Senate. So it was taxpayer dollars are spent, and we cer- historically low rates. It is quite a rosy Democrats and Republicans but also tainly need a budget. scenario. If any of these factors fall the House and Senate coming together. There are some who took to the floor through, things could be much worse, That has not happened in 4 years. So today, and will tomorrow I am sure, and it could be well over $1 trillion. we have not had a budget in 4 years. who will say this is a great budget This is not a problem that can be We have not had a budget conference in agreement; this shows everyone how solved by just cutting discretionary 4 years. If you think about that, is it Washington can work and come to- spending. Over the next 10 years, Wash- any wonder that during those 4 years gether to fix a problem. Fair enough. ington will spend more than $22 trillion Congress has racked up historic debts We avoided a government shutdown. on these vital programs: Medicare, and deficits? Yes, we are not going to gut national Medicaid, and Social Security. If we

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.068 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8906 CONGRESSIONAL RECORD — SENATE December 17, 2013 were to cut our defense budget over the this by 77 million retiring baby their largest and fastest growing ex- next decade all the way down to zero— boomers, we can see why we have an pense, Medicaid. have no defense spending at all, zero— unsustainable program, because not So these are issues we must address. we could pay for just one-quarter of enough money goes in to pay for the On the floor of this Chamber, we often that cost of the $22 trillion. benefits going out. talk about the next generation. We If we removed every penny of poten- Providing $3 in benefits under Medi- hear speeches about protecting the el- tially identifiable waste in govern- care for every $1 paid in taxes for low- derly and ensuring every American ment—which we should do, by the way, income seniors is one thing. We want gets the benefit of the bargain made and that is why we need to get back to to be sure low-income seniors are being when Social Security and Medicare appropriations—we could pay for less taken care of. For the most part, in came into being. I agree, but to do that than 10 percent of this exploding cost their working years, they probably we need to improve and preserve these on the mandatory side. didn’t earn enough income to pay large programs, and we need to stop blaming If we pulled out of Iraq and Afghani- Medicare taxes, and the program is de- one another for what happened be- stan today and ended all bailouts and signed to see that they do receive the cause, frankly, Republicans and Demo- corporate welfare, reversed the tax medical coverage they wouldn’t other- crats alike are responsible for this. We cuts for all Americans making less wise get. But should upper income sen- have done one thing that is truly bipar- than $450,000 a year that we kept as iors—seniors who are on Medicare—re- tisan in the last few decades; that is, part of the fiscal cliff agreement, re- ceive benefits that far exceed what we have overspent and we have over- pealed ObamaCare altogether—if we they pay into the system? That is what promised, Republicans and Democrats did all of those things, we would cover happens now. Is that fair? I don’t think alike. Because we helped create this just 20 percent of the cost of those pro- so, when the program is going bank- mess together, we have to work to- grams, this $22 trillion. rupt, when our kids and grandkids are gether to resolve it. In other words, even if we wanted to facing massive tax increases to pay for With this vote on the budget this try to do it by cutting this spending, a problem that we all foresee and yet week, another budget crisis has passed, we could not do it because there is not fail to correct. and that is good. We are on the road to enough money in that part of the budg- By the way, I tried in this latest avoiding another government shut- et. So it is not just a matter of choos- budget agreement to say, on the man- down in January and again next year. ing spending priorities and it is cer- datory side of the ledger, why don’t we That is the most basic job of govern- tainly not a matter of raising taxes. deal with means testing of Medicare. ment, and I think that is good. We Earlier my colleague talked about That would provide enough revenue to have a little bit of deficit reduction, we how we needed to raise more taxes for provide relief on sequester. We didn’t raise taxes on a weak economy, different things, and I understand a lot wouldn’t be doing things such as TSA but we need to aim higher. Perhaps in of people are saying that, but let’s be fees or things such as reducing the ben- the context of the debt limit debate honest about this: It is a bad idea at a efits for our military. It was rejected. I that is coming up in a matter of only time of a weak economy to raise taxes. talked to a number of Democrats about a few months, we can get more serious Plus, over the next decade, you know it who said we can’t touch that. We about the underlying problem, because what happens on taxes. Over the next can’t touch even means testing of it is that underlying problem that is decade we have been told by the Con- Medicare without raising taxes. So, in driving our future deficits. We all know gressional Budget Office that taxes will essence, raising taxes on the wealthy is that. We all agree on that. We all know be—as a percent of the economy, which necessary to reduce benefits for the it has to be fixed. So let’s do it this is the way economists tell us we ought wealthy. That is the point we are at. coming year. to look at it—at historically high lev- That is how tough it is. That is why we We have seen how divided govern- els. need a new approach. That is why we ment can achieve something important So the economy is already weak, tax need some leadership—in the House, in but small. That is what happened with revenues are headed toward their high- the Senate but also in the White this budget agreement this week. In est sustained levels in history, and House. We need a President willing to 2014, next year, let’s see how divided when it comes to taxes, there is an al- help us on this, to talk about it. government can achieve something big ternative, which is let’s reform the Tax Have we ever heard the President and critical to economic growth and Code. talk about the fact that there is $3 of jobs and to the future of our children What we should be doing is restrain- benefits coming from Medicare for and grandchildren. That is our solemn ing spending, reforming these vital but every $1 paid in? Have we ever heard responsibility in the Congress, to en- unsustainable programs, while also the President talk about the fact that sure that we are leaving a better world raising more revenues through growth, entitlements are otherwise going to to future generations. We cannot do and economic growth can come bankrupt the country? We need a little this if we do not address this fiscal cri- through tax reform. That tax reform straight talk and honest dialogue sis. gives the economy a shot in the arm. It about this. I yield back my time. helps bring back the jobs. It increases If we do nothing, as we have done The PRESIDING OFFICER. The revenue through growth. That is why with this budget agreement in the Sen- clerk will call the roll. we need both entitlement reform and ate with regard to mandatory spend- The legislative clerk proceeded to tax reform. ing, entitlement spending, and as we call the roll. The issue of entitlement reform is a have done time and time again, the So- Mr. REID. Mr. President, I ask unan- tough one politically. A lot of Members cial Security disability trust fund will imous consent that the order for the of Congress are hesitant to touch it. It go bankrupt in 2016, a couple years quorum call be rescinded. is called the third rail of American pol- from now. Medicare will follow in The PRESIDING OFFICER. Without itics. That is akin to the electrified 2026—again, every year, much more objection, it is so ordered. rail in the subway system, where if you being paid out than being paid in. So- Mr. REID. Mr. President, are we in a touch it you are electrified. Let’s start cial Security, already in a cash deficit, period of morning business? small. How about means testing of meaning there is more money coming The PRESIDING OFFICER. The Sen- Medicare. This could be a first step in out in terms of benefits than there are ator is correct. the right direction. payroll taxes going in every year—but f Under Medicare, the average two- it will collapse, the trust fund will col- earner couple retiring today pays lapse in 2035. Medicaid has no trust TRIBUTE TO KATHLEEN BIGNOTTI $119,000 in lifetime Medicare taxes, yet fund, so it will not go bankrupt itself; Mr. REID. Mr. President, I rise today receives $357,000 in lifetime Medicare it will just continue to grow at to recognize the extraordinary career benefits. So $1 of taxes for $3 of bene- unsustainable levels, helping to bank- of United States Capitol Police Ser- fits. That is how Medicare works. That rupt the country, but also, in that case, geant Kathleen Bignotti, who is retir- is for a typical family in Ohio or it may take the States down with it, ing after more than 28 years of service around the country. When we multiply and States will tell us it is generally to the Department.

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.069 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8907 Sgt. Bignotti began her career in Oc- quirements as schools located outside versus $170,000 for graduates of U.S. tober 1985, when she was appointed as a of the U.S. to access hundreds of mil- medical schools. U.S. Capitol Police officer and assigned lions of dollars of Federal funding. To add insult to injury, these foreign to the House of Representatives Divi- Pretty sweet deal, huh? trained graduates are on average less sion. Less than 1 year later, she was se- In fact in 2012, the three schools I competitive candidates for coveted lected to serve as a member of the mentioned earlier—St. George’s and U.S. residency positions. In 2013, resi- First Responder Unit. the two DeVry-owned schools—took in dency match rates for foreign trained Her career with the Capitol Police in- more than $450 million from the Fed- graduates averaged 53 percent com- cluded assignments to the Office of the eral Government from American tax- pared to 94 percent for graduates of Chief of Police, the Dignitary Protec- payers. That amounted to more than medical schools in the United States. tion Unit, the Senate Division, the Pa- two-thirds of all title IV funding that They are even less likely to land a resi- trol Division, and the Library of Con- went to all foreign medical schools. dency position the second time around. gress Division. Sgt. Bignotti’s most To sum up—three schools, two-thirds According to the Bloomberg article I highly regarded assignment came in of the Federal funding, exempt from referenced earlier, one graduate of St. 2003 when she was promoted to serve as the law. George’s University, Michael Uva, Unit Commander of the USCP Mounted Not only are these schools exempt amassed almost $400,000 in medical Unit. Her horse, Henry, will always from the enrollment requirement, but school loans, but failed to land a resi- have a special place in Sgt. Bignotti’s they don’t have to meet a minimum dency spot twice. Michael now works heart. standard of success—having 75 percent at a blood donation clinic earning $30 Sgt. Bignotti represented the depart- of their students pass the U.S. board an hour. Although he sacrificed years ment with distinction in her duties exams—a requirement for any of its of his life training for it, without com- that included assisting during the 1990 students to actually practice medicine pleting a residency he will never get to Goodwill Games in Seattle, WA; serv- in the United States. The University of practice medicine and this $400,000 debt ing as a representative during National Sydney—with its dozen or so American will likely follow him throughout his Police Week ceremonies; participating students—has to meet this standard in life. in the Special Olympics ceremonies order to receive title IV dollars. But Congress has failed taxpayers and and recruiting class graduations, and DeVry’s Ross University, with 1,000 or students by subsidizing these Carib- bean schools with billions in Federal other special events as designated by more American students, does not. dollars for years without adequate ac- the Chief of Police. In 1991, she received It doesn’t seem right to the Depart- countability and oversight. This bill commendation as a member of the Cer- ment of Education, which says there is takes a first step at addressing that emonial Unit for Honor Guard duties no rationale for continuing the exemp- failure by ensuring these Caribbean associated with Queen Elizabeth’s visit tion. And it doesn’t seem right to me, schools must meet the same standards to the Capitol. either. Especially when you consider other schools outside of the United As a former officer with the U.S. Cap- what students are getting for this Fed- eral investment—more debt, higher States and Canada must meet. itol Police, I have a special apprecia- At the same time, these schools are rates of attrition, and lower residency tion for the commitment and dedica- just another example of the systemic tion of the men and women on this match rates than U.S. medical schools. Translation: More debt and less problem we have with for profit col- force. I, along with my colleagues on leges trying to make a buck off of stu- both sides of the aisle, wish Sgt. chance of becoming a doctor. In September, an article in dents in this country and usually Bignotti all the best in her retirement. bilking Uncle Sam to do it. In fiscal f Bloomberg by Janet Lorin entitled ‘‘Devry Lures Medical School Rejects year 2010, we sent $32 billion to all for FOREIGN MEDICAL SCHOOL as Taxpayers Fund Debt’’ shined a profit schools. There are three numbers you need to ACCOUNTABILITY FAIRNESS ACT bright light on the poor student out- remember when thinking about for Mr. DURBIN. Mr. President, last comes of these schools. It is no secret that for profit foreign profit schools: week I introduced the Foreign Medical The percentage of high school grad- medical schools prey on students who School Accountability Fairness Act. uates that enroll in for profit schools— have been rejected by traditional U.S. The bill seeks to fix a loophole ex- 12 percent; ploited by for profit schools to tap into medical schools. They promise to ful- The percentage of Department of the federal Treasury at the expense of fill the unrequited dreams for students Education title IV funds that go to for- students. who want to be doctors, but for one profit schools—25 percent; Under current law, a small number of reason or another, did not make the The percentage of student loan de- medical schools in the Caribbean— cut in the U.S. On average, scores on faults for profit schools are responsible about five, four of which are for prof- the MCAT, the test required to enter for—47 percent. its—are exempt from meeting the same medical school, of students attending I have been fighting these schools for requirements to qualify for title IV these offshore for profit schools are a long time. But today I have a mes- funding that all other medical schools lower than those of students who are sage for those schools down in the outside of the U.S. and Canada must admitted to medical schools in the U.S. sunny Caribbean who may have meet. This loophole allows these In 2012, students at U.S. medical thought they could continue to exploit schools to enroll large percentages of schools scored an average of 31.2 out of taxpayers and students without any- American students—which means ac- 45 on the MCAT while students at the body noticing—we’re watching. cess to more Federal dollars. DeVry medical schools scored an aver- f The biggest of these schools are St. age of 25. George’s, Ross, and American Univer- The attrition rate at U.S. medical VOTE EXPLANATION sity of the Caribbean whose enroll- schools averaged 3 percent for the class Mr. MCCAIN. Mr. President, I regret ments of Americans are 70 percent, 91 beginning in 2009, while rates at for that I was absent from the Senate yes- percent, and 86 percent respectively. profit foreign medical schools can be terday and was unable to vote on the Other schools are prohibited from hav- up to 26 percent or higher. More than a nomination of Jeh Johnson to be Sec- ing U.S. citizens make up more than 40 quarter of the students at some of retary of the Department of Homeland percent of enrollment. these schools drop out. Security. Had I been here, I would have These for profit schools have turned On average, students at for profit voted in opposition to this nominee. the idea of being a foreign school on its medical schools operating outside of Reforming our broken immigration head—they are located outside of the the United States and Canada amass system is one of the Nation’s top prior- United States, but have majority- more student debt than those at med- ities. To that end, ensuring that our American enrollments. They do not ical schools in the United States. For borders are secure and preventing ille- have to meet the same high standards example, in 2012, graduates of the gal entry is absolutely vital. In my ca- U.S. medical schools must meet, but American University of the Caribbean pacity as the senior Senator from Ari- also do not have to meet the same re- had a median of $253,000 in student debt zona and one of the lead advocates of

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.016 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8908 CONGRESSIONAL RECORD — SENATE December 17, 2013 comprehensively reforming our immi- have the right, as citizens, to know and to get a true measure of security gration system, I have a solemn obliga- what measures need to be taken in along the border. We have been waiting tion and a constitutional prerogative order to control our border. 3 years with no sign that the index will to make sure that the Department of Earlier this year, the Senate passed a be made public. All indications are the Homeland Security, DHS, accomplishes comprehensive immigration bill with development of the index has been that mission. In furtherance of that ob- 67 votes that included unprecedented shelved. ligation and that prerogative, I—indeed increases in spending to help secure the Until Congress is provided greater in- Congress—must count on DHS coopera- border. The information we based these formation on the capabilities and defi- tion to provide any relevant informa- spending increases on came directly ciencies of the Department of Home- tion I and this body request. from leadership within the Border Pa- land Security’s abilities to secure the Unfortunately, in connection with trol, and I believe it will be successful. border, Congress will not be able to de- the Senate’s effort to craft legislation But the American people deserve to termine if the border is secure. to help secure our borders, the former have more than my faith in the efforts I regret that Jeh Johnson has refused DHS Secretary unjustifiably refused to of the Border Patrol as to whether the to commit to providing this informa- provide such information. The informa- border is made secure. Our constitu- tion to Congress, and I do not support tion I asked for was intended to let ents are relying on us to finally secure his nomination. Congress and the American people the border but also be good stewards of f judge for themselves if progress is their tax dollars and to have the capa- TRIBUTE TO KAREN PONZURICK being made to protect our borders from bilities to ensure their money is being BROWN illegal entry. To date, I never received used wisely and if not, to make the ap- that information from this administra- propriate adjustments. Mr. CRAPO. Mr. President, today I tion. When developing this legislation, we wish to recognize the outstanding work So first during his confirmation hear- requested information from Secretary of an invaluable member of my staff. ing and then in writing, I asked Mr. Napolitano that I believe would have Karen Ponzurick Brown, who is really Johnson to commit to me that, if con- helped make the legislation stronger quite young, has already reached 25 firmed as the new DHS Secretary, he and potentially garner more support years of service on Capitol Hill, and she would provide me that same informa- from my Republican colleagues. This has chosen to retire. For 71⁄2 years, she tion. Unfortunately, on grounds that I information was never provided to us, I has worked tirelessly in a job that calls find to be specious and unacceptable, believe, for solely political reasons but for 24/7/365 attention. I cannot thank he declined. On the basis of his re- has ultimately harmed our ability to her enough for her dedicated assist- sponse, I can only conclude that, if get comprehensive immigration reform ance. And I also thank her husband confirmed, the level of cooperation be- legislation signed into law. Paul who has shared his wife’s atten- tween DHS and me, particularly on the This is the source of my disappoint- tion with me for these many years. vitally important issue of border secu- ment with Mr. Johnson: His refusal to Karen came to work for me at a time rity—when comprehensive immigra- commit to provide the information when technology was rapidly changing tion remains such a vitally important necessary would prevent Members of for the position that she held. While issue—would remain business as usual, Congress from making reasonable and she had never worked in this type of and that is unacceptable. It is unac- informed decisions that serve the capacity before, her sharp mind and in- ceptable to me and to the people who American people. And Mr. Johnson did tuitive sense quickly assessed how to interests I am committed to rep- so under circumstances that other put together a system that ensured resenting. Members of this body have sought—and Idahoans received priority attention on For this reason, I have no choice obtained—commitments of coopera- my schedule. She has been instru- other than to oppose Mr. Johnson’s tion. mental in creating efficiencies and ef- nomination. For example, here is what Secretary fective processes in our office and in I have known Jeh for some time. I Kerry said in response to a request for my time. Karen is conscientious, struc- have respect for his work while General answers regarding the Bengazi raid: tured and hardworking. She was acces- Counsel for the Department of Defense. ‘‘[H]ere’s what I say to you. After 29 sible to anyone who needed her and was In particular, I applaud his efforts in years here—in my 29th, I respect the a mentor to many of our staff. Her the development of the Department of prerogatives of the United States Sen- calm demeanor has soothed many agi- Defense’s policy regarding the use of ate and the members of Congress. You tated callers seeking appointments. deadly force in connection with coun- represent the American people, you’re Her sense of decorum has provided me terterrorist operations and other im- the other branch of government, you and my staff with a greater sense of portant defense and national security have the right to know what took professionalism. Her ability to antici- issues. place. And I have an obligation com- pate challenges has saved the day But what I have seen all too fre- mensurate with the, you know, regula- many times over. I have great respect quently is the inability or unwilling- tions and classifications and privacy for her thorough, diligent and well- ness of appointed officials within this and other things that are at play here, thought-out approach to tackling any administration to free themselves from to help you get the answers, and we’ll problem, and I will truly miss having the unelected, unpointed, political do that.’’ her input on the many challenges that staff in the West Wing that put polit- And what did I get from Mr. John- are encountered in our everyday work- ical expediency ahead of meaningful son? ‘‘If I am confirmed . . . I promise place. governance. I can have no tolerance for that addressing your letter will be a But above all her professional quali- another Secretary who will act as top and immediate priority for me.’’ ties, Karen has been a great friend and nothing more than a road block on be- For years, we were told that appre- trusted advisor, and there are no words half of those with a political agenda hensions are down and the border is strong enough to express my gratitude and is either unwilling or unable to more secure. In reality, we all knew for that friendship, which I hope will provide transparency into the actions that the economy was the primary continue. No matter the challenges at of this department and its components. driver in reducing potential illegal bor- hand, she always strives to meet and Congress, particularly those of us der crossers. In the last 2 years, with exceed expectations. Karen has been a who are the border, has the right to slight improvements in the economy, great asset to me, my staff, Idahoans have that information. It is our respon- we have seen a 20 percent increase in and countless others throughout her sibility and obligation to our constitu- the number of apprehensions. Does two and a half decades of committed ents. I have constituents in my State that mean the border is less or more public service. Thank you, Karen, for who every night, there are people who secure? your dedication. Your confident and are crossing their border illegally. I For years DHS has been telling us strong guidance will truly be missed, have constituents that every day, drug they are developing a border security and I wish you all the best. Retirement smugglers are going across their prop- index in a shift away from using appre- has been a tough choice for you, but I erty and their homes. They certainly hensions as the sole measure of success know that you are at peace with that

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.052 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8909 decision, and you are certainly young AdvaMedDx has organized Capitol Hill oratories, which he moved to San Fran- enough to enjoy it! briefings at which leaders in the field cisco in 1976. f of diagnostics have shared insights and Throughout his career, Ray Dolby pi- current developments on topics includ- oneered many of the most significant TRIBUTE TO VINCENT FORLENZA ing women’s health, cancer developments in sound and audio de- Ms. MIKULSKI. Mr. President, Sen- diagnostics, antibiotic resistance, and sign. Early on, he invented noise-reduc- ator HATCH and I join together today to infectious diseases. Just a few weeks tion technology that eliminated the recognize the contributions of Vincent ago, AdvaMedDx and the American As- hiss that had marred earlier forms of A. Forlenza, chairman, CEO and presi- sociation for Cancer Research held a tape recorded sound and in the 1970s in- dent of BD, in establishing and leading daylong symposium on personalized troduced Dolby Stereo, which allowed AdvaMedDx, an important new voice medicine and companion diagnostics, movie studios to record films in multi- for the role of medical diagnostic tests keynoted by the Commissioner of the channel surround sound. The innova- in patient care. Food and Drug Administration and the tion of surround sound played a pivotal BD, the leading global medical tech- Director of the National Institutes of role in allowing theater goers around nology company, has a strong presence Health. the world to enjoy the sound effects in in both Maryland and Utah as do other Mr. HATCH. AdvaMedDx also has es- such groundbreaking movies as ‘‘Close companies in the medical device and tablished itself as a global leader, driv- Encounters of the Third Kind’’ and diagnostics sectors. We understand ing collaboration with allied associa- ‘‘Star Wars’’ and innumerable other firsthand the growing importance of tions in Europe, Canada, Brazil, Japan, popular films produced in the decades diagnostics to power medical discov- and Australia. that followed. Since then, Ray Dolby eries and transform patient care. Ms. MIKULSKI. Mr. Forlenza has and Dolby Laboratories have pioneered Mr. HATCH. The diagnostics sector been a tireless champion for the power a multitude of technologies in noise re- spans thousands of different kinds of duction, audio and video processing, tests, from blood tests for cholesterol of diagnostics to promote wellness, im- live sound, and digital cinema, and won to new genetic tests that identify can- prove patient outcomes and advance multiple Emmys and Academy Awards cer variants and match patients to the public health. The success of most appropriate drugs. Diagnostic AdvaMedDx in a few short years is in for their work. While Ray is often recognized first tests facilitate evidence-based medi- large measure due to this vision that and foremost for his revolutionary cine, improve quality of care, promote he brought to the organization. work in the field of sound, he and his wellness, enable early detection of dis- Mr. HATCH. Congratulations to wife Dagmar are also known as leaders ease and often reduce overall health Vince on his accomplishments during in San Francisco’s philanthropic com- care costs. his tenure as AdvaMedDx chairman, In short, diagnostics play a critical and best wishes to AdvaMedDx for munity. They gave generously to nu- role in the health care system and are many future successes. merous causes and organizations, sup- an essential part of quality patient f porting everything from stem cell re- search to community parks to the per- care. While these tests account for only ADDITIONAL STATEMENTS about 2 percent of health care spend- forming arts. I extend my deepest con- ing, they influence the large majority dolences to Ray’s loving wife Dagmar; of the health care decisions made each REMEMBERING DR. RAY DOLBY his children, Tom and David, and their spouses; and his four grandchildren. Dr. and every day. ∑ Mrs. BOXER. Mr. President, I ask my Ms. MIKULSKI. The impact of Ray Dolby will be deeply missed, but colleagues to join me in honoring the diagnostics, however, is not always his legacy of generosity and innovation memory of Dr. Ray Dolby, a trail- well understood by patients, policy- will live on in the countless lives he blazing engineer, entrepreneur, and makers and, sometimes, even physi- touched.∑ pioneer in the field of sound who passed cians. In 2010, Mr. Forlenza played an f instrumental role in bringing together away on September 12, 2013. He was 80 years old. REMEMBERING ELIZABETH a group of leading diagnostics manu- DENEBEIM facturers to form a new trade associa- Born in Portland, OR and raised in ∑ tion, AdvaMedDx, whose core mission the San Francisco Bay area, Ray Dolby Mrs. BOXER. Mr. President, I ask my is to create an understanding of the was a dedicated tinkerer from a young colleagues to join me in honoring the role diagnostics play in the health care age, always curious about how things memory of Elizabeth ‘‘Libby’’ system and help foster patient access worked. As a high school student, he Denebeim, a pillar of the San Fran- to innovative, safe, and effective tests. worked after school for the electronics cisco community, who passed away on Soon after the founding of the company Ampex Corporation, playing a November 15, 2013. She was 83 years old. AdvaMedDx, Mr. Forlenza assumed the key role in developing Quadruplex, the Libby was born and raised in the role of chairman of the board of direc- world’s first commercially successful Midwest and graduated from the Uni- tors, a position he has held for the last video tape recorder, which revolution- versity of Missouri, where she met the 3 years. ized the world of television broad- love of her life, Robert Denebeim. After Mr. HATCH. During Mr. Forlenza’s casting. getting married, Libby went on to ob- tenure as chairman, AdvaMedDx dou- After graduating from Stanford Uni- tain a master’s degree in education and bled the size of its membership and es- versity with a bachelor’s degree in taught elementary school in Tampa, tablished itself as a credible voice on electrical engineering, Ray began a FL, while Robert completed his service health care policy in Washington and doctoral program in physics at Cam- in the U.S. Air Force. around the world. Under Mr. Forlenza’s bridge University in England, receiving In 1956, the couple moved to the San leadership, the diagnostic industry has his doctorate in 1961. The next year, his Francisco Bay Area. Libby had always worked with a range of stakeholders to life changed: He met the love of his been dedicated to public service, and in pursue initiatives that aim to reform life, Dagmar, who was also at Cam- San Francisco she became a leader in and modernize the diagnostics regu- bridge studying as a summer student, the community. She worked on behalf latory and payment environment in and the two married in 1966 and had of so many agencies and organizations order to keep pace with innovation and two beautiful sons, Tom and David. dedicated to improving education, the changing health care landscape. In search of adventure, Ray spent 2 mental health, the arts, and family AdvaMedDx works not only with Mem- years traversing India as a technical services, including the San Francisco bers of Congress and key public health adviser for the United Nations, work- Board of Education; the San Francisco agencies but also with organizations ing with the Indian Government to es- Mental Health Association; the May- ranging from patient advocacy groups tablish a new national laboratory fo- or’s Advisory Council on Families, to cancer research societies to the cusing on the development of scientific Children and Youth; the Mayor’s World Health Organization. and industrial instruments. Buoyed by Criminal Justice Council; San Fran- Ms. MIKULSKI. As part of its con- his research in India, Dolby returned to cisco Head Start; and Jewish Family tribution to the policy dialogue, England in 1965 and founded Dolby Lab- and Children’s Services.

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.053 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8910 CONGRESSIONAL RECORD — SENATE December 17, 2013 Libby was also a fierce advocate for Aspects of International Child Abduction by December 12, 2013; to the Committee on En- the LGBT community. She fought to countries with which the United States en- ergy and Natural Resources. end the definition of homosexuality as joys reciprocal obligations, to establish pro- EC–3890. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- a ‘‘mental illness’’ and remove it from cedures for the prompt return of children ab- ducted to other countries, and for other pur- ment of State, transmitting, pursuant to the National Psychiatric Association’s poses; to the Committee on Foreign Rela- law, a report relative to groups designated Manual of Mental Disorders. She cam- tions. by the Secretary of State as Foreign Ter- paigned against California Proposition rorist Organizations (OSS 2013–1888); to the f 6, the Briggs Initiative, which sought Committee on Foreign Relations. to ban gays and lesbians from working MEASURES READ THE FIRST TIME EC–3891. A communication from the Direc- in California’s public schools, and also tor of the Regulatory Management Division, The following bills were read the first Environmental Protection Agency, transmit- served on the San Francisco Health De- time: ting, pursuant to law, the report of a rule en- partment’s Committee on Services for S. 1845. A bill to provide for the extension titled ‘‘Approval and Promulgation of Air People with AIDS, the Mayor’s HIV of certain unemployment benefits, and for Quality Implementation Plans; Delaware; Task Force, and the NAMES Project. other purposes. Attainment Plan for the Philadelphia-Wil- Those lucky enough to know Libby S. 1846. A bill to delay the implementation mington, Pennsylvania-New Jersey-Dela- recognized her as a vibrant, inspiring of certain provisions of the Biggert-Waters ware Nonattainment Area for the 1997 An- and generous woman who gave self- Flood Insurance Reform Act of 2012, and for nual Fine Particulate Matter Standard’’ lessly to her community. Through the other purposes. (FRL No. 9904–14–Region 3) received in the Office of the President of the Senate on De- years, she was honored by organiza- f cember 11, 2013; to the Committee on Envi- tions ranging from the United Way to EXECUTIVE AND OTHER ronment and Public Works. the Pacific Medical Center to the Cali- COMMUNICATIONS EC–3892. A communication from the Direc- fornia State Legislature. Her contribu- tor of the Regulatory Management Division, tions to the San Francisco Bay Area The following communications were Environmental Protection Agency, transmit- and beyond will be remembered fondly laid before the Senate, together with ting, pursuant to law, the report of a rule en- by everyone whose lives she touched. accompanying papers, reports, and doc- titled ‘‘Approval and Promulgation of Imple- She will be deeply missed. I extend my uments, and were referred as indicated: mentation Plans; New Mexico; Prevention of Significant Deterioration; Greenhouse Gas EC–3883. A communication from the Direc- heartfelt condolences to Libby’s chil- Plantwide Applicability Limit Permitting tor of the Regulatory Management Division, dren, Robert, Nancy, David, William, Revisions’’ (FRL No. 9903–98–Region 6) re- Environmental Protection Agency, transmit- Thomas, and Edward, and their ceived in the Office of the President of the ting, pursuant to law, the report of a rule en- spouses; her grandchildren, Daniel, Senate on December 11, 2013; to the Com- titled ‘‘Prohydrojasmon; Exemption from Kathleen, Jack, Robert, Catherine, mittee on Environment and Public Works. the Requirement of a Tolerance’’ (FRL No. EC–3893. A communication from the Direc- Allton, and Samuel; and her sisters-in- 9398–1) received in the Office of the President law, Beverley and Helene, brother-in- tor of the Regulatory Management Division, of the Senate on December 11, 2013; to the Environmental Protection Agency, transmit- law Dart, their 13 children, and grand- Committee on Agriculture, Nutrition, and ting, pursuant to law, the report of a rule en- children.∑ Forestry. titled ‘‘Approval and Promulgation of Air f EC–3884. A communication from the Direc- Quality Implementation Plans; Michigan’’ tor of the Regulatory Management Division, (FRL No. 9904–11–Region 5) received in the MESSAGE FROM THE PRESIDENT Environmental Protection Agency, transmit- Office of the President of the Senate on De- A message from the President of the ting, pursuant to law, the report of a rule en- cember 11, 2013; to the Committee on Envi- titled ‘‘Flutriafol; Pesticide Tolerances’’ United States was communicated to ronment and Public Works. (FRL No. 9902–17) received in the Office of EC–3894. A communication from the Direc- the Senate by Mr. Williams, one of his the President of the Senate on December 11, secretaries. tor of the Regulatory Management Division, 2013; to the Committee on Agriculture, Nu- Environmental Protection Agency, transmit- f trition, and Forestry. ting, pursuant to law, the report of a rule en- EC–3885. A communication from the Direc- EXECUTIVE MESSAGE REFERRED titled ‘‘Approval and Promulgation of Air tor of the Regulatory Management Division, Quality Implementation Plans; Pennsyl- As in executive session the Presiding Environmental Protection Agency, transmit- vania; Philadelphia County Reasonably Officer laid before the Senate a mes- ting, pursuant to law, the report of a rule en- Available Control Technology under the 1997 sage from the President of the United titled ‘‘Flonicamid; Pesticide Tolerances’’ 8-Hour Ozone National Ambient Air Quality States submitting a nomination which (FRL No. 9902–07) received in the Office of Standard’’ (FRL No. 9904–12–Region 3) re- the President of the Senate on December 11, ceived in the Office of the President of the was referred to the Committee on Judi- 2013; to the Committee on Agriculture, Nu- ciary. Senate on December 11, 2013; to the Com- trition, and Forestry. mittee on Environment and Public Works. (The message received today is print- EC–3886. A communication from the Acting EC–3895. A communication from the Direc- ed at the end of the Senate pro- Under Secretary of Defense (Personnel and tor of the Regulatory Management Division, ceedings.) Readiness), transmitting, pursuant to law, a Environmental Protection Agency, transmit- report relative to the Department of Defense f ting, pursuant to law, the report of a rule en- (DoD) continuing to expand the role of titled ‘‘Standards of Performance for Petro- MESSAGE FROM THE HOUSE women in the Navy and Marine Corps; to the leum Refineries for Which Construction, Re- Committee on Armed Services. ENROLLED BILL SIGNED construction, or Modification Commenced EC–3887. A communication from the Acting At 11:03 a.m., a message from the After May 14, 2007’’ (FRL No. 9904–06–Region Under Secretary of Defense (Personnel and OAR) received in the Office of the President House of Representatives, delivered by Readiness), transmitting, pursuant to law, a of the Senate on December 11, 2013; to the Mrs. Cole, one of its reading clerks, an- report relative to the Department of Defense Committee on Environment and Public nounced that the Speaker pro tempore (DoD) intending to assign women to the fol- Works. (Mr. THORNBERRY) has signed the fol- lowing previously closed positions: Riverine EC–3896. A communication from the Direc- lowing enrolled bill: Patrol Boat, Riverine Small Craft, and Mari- tor of the Regulatory Management Division, time Interdiction Operations; to the Com- H.R. 3458. An act to treat payments by Environmental Protection Agency, transmit- mittee on Armed Services. charitable organizations with respect to cer- ting, pursuant to law, the report of a rule en- EC–3888. A communication from the Assist- tain firefighters as exempt payments. titled ‘‘National Priorities List, Final Rule ant Secretary, Energy Efficiency and Renew- No. 57’’ (FRL No. 9903–89–OSWER) received in The enrolled bill was subsequently able Energy, Department of Energy, trans- the Office of the President of the Senate on signed by the President pro tempore mitting, pursuant to law, a report entitled December 11, 2013; to the Committee on En- (Mr. LEAHY). ‘‘High-Performance Green Building Initia- vironment and Public Works. tive Activities’’; to the Committee on En- f EC–3897. A communication from the Assist- ergy and Natural Resources. ant Secretary, Legislative Affairs, Depart- MEASURES REFERRED EC–3889. A communication from the Acting ment of State, transmitting, pursuant to The following bill was read the first General Counsel, Federal Energy Regulatory law, a report relative to section 36(c) of the Commission, transmitting, pursuant to law, Arms Export Control Act (DDTC 13–174); to and the second times by unanimous the report of a rule entitled ‘‘Small Gener- the Committee on Foreign Relations. consent, and referred as indicated: ator Interconnection Agreements and Proce- EC–3898. A communication from the Assist- H.R. 3212. An act to ensure compliance dures’’ (Docket No. RM13–2–000) received in ant Secretary, Legislative Affairs, Depart- with the 1980 Hague Convention on the Civil the Office of the President of the Senate on ment of State, transmitting, pursuant to

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\G17DE6.017 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8911 law, a report relative to section 36(c) of the Office of the President of the Senate on De- ant to law, the report of a rule entitled Arms Export Control Act (DDTC 13–131); to cember 11, 2013; to the Committee on Com- ‘‘Drawbridge Operation Regulation; Umpqua the Committee on Foreign Relations. merce, Science, and Transportation. River, Reedsport, OR’’ ((RIN1625–AA09) EC–3899. A communication from the Sec- EC–3909. A communication from the Attor- (Docket No. USCG–2013–0526)) received in the retary of Health and Human Services, trans- ney-Advisor, U.S. Coast Guard, Department Office of the President of the Senate on De- mitting, pursuant to law, the tenth annual of Homeland Security, transmitting, pursu- cember 11, 2013; to the Committee on Com- report for the Temporary Assistance for ant to law, the report of a rule entitled merce, Science, and Transportation. Needy Families Program; to the Committee ‘‘TWIC Not Evidence of Resident Alien Sta- EC–3918. A communication from the Attor- on Health, Education, Labor, and Pensions. tus’’ ((RIN1625–AC09) (Docket No. USCG– ney-Advisor, U.S. Coast Guard, Department EC–3900. A communication from the Com- 2013–0916)) received in the Office of the Presi- of Homeland Security, transmitting, pursu- missioner, Social Security Administration, dent of the Senate on December 11, 2013; to ant to law, the report of a rule entitled transmitting, pursuant to law, the Adminis- the Committee on Commerce, Science, and ‘‘Drawbridge Operation Regulation; Hacken- tration’s Performance and Accountability Transportation. sack River, Kearney and Jersey City, NJ’’ Report for fiscal year 2013; to the Committee EC–3910. A communication from the Attor- ((RIN1625–AA09) (Docket No. USCG–2013– on Homeland Security and Governmental Af- ney-Advisor, U.S. Coast Guard, Department 0639)) received in the Office of the President fairs. of Homeland Security, transmitting, pursu- of the Senate on December 11, 2013; to the EC–3901. A joint communication from the ant to law, the report of a rule entitled Committee on Commerce, Science, and Chairman and the General Counsel, National ‘‘Safety Zones; Pacific Northwest Grain Han- Transportation. Labor Relations Board, transmitting, pursu- dlers Association Facilities; Columbia and EC–3919. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department ant to law, the Office of Inspector General Willamette Rivers’’ ((RIN1625–AA00) (Docket of Homeland Security, transmitting, pursu- Semiannual Report for the period of April 1, No. USCG–2013–0011)) received in the Office of ant to law, the report of a rule entitled 2013 through September 30, 2013; to the Com- the President of the Senate on December 11, ‘‘Drawbridge Operation Regulation; Passaic mittee on Homeland Security and Govern- 2013; to the Committee on Commerce, River, Kearney and Newark, NJ’’ ((RIN1625– mental Affairs. Science, and Transportation. AA09) (Docket No. USCG–2013–0638)) received EC–3902. A communication from the Chair- EC–3911. A communication from the Attor- in the Office of the President of the Senate man of the Merit Systems Protection Board, ney-Advisor, U.S. Coast Guard, Department on December 11, 2013; to the Committee on transmitting, pursuant to law, a report enti- of Homeland Security, transmitting, pursu- Commerce, Science, and Transportation. tled ‘‘Clean Record Settlement Agreements ant to law, the report of a rule entitled EC–3920. A communication from the Attor- and the Law’’; to the Committee on Home- ‘‘Safety Zone: Vessel Removal from the Oak- ney-Advisor, U.S. Coast Guard, Department land Security and Governmental Affairs. land Estuary, Alameda, CA’’ ((RIN1625–AA00) of Homeland Security, transmitting, pursu- EC–3903. A communication from the Acting (Docket No. USCG–2013–0914)) received in the ant to law, the report of a rule entitled Chief Financial Officer, Department of Office of the President of the Senate on De- ‘‘Drawbridge Operation Regulations; Atlan- Homeland Security, transmitting, pursuant cember 11, 2013; to the Committee on Com- tic Intracoastal Waterway (AICW), Albe- to law, the fiscal year 2013 Agency Financial merce, Science, and Transportation. marle and Chesapeake Canal, Chesapeake, Report; to the Committee on Homeland Se- EC–3912. A communication from the Attor- VA’’ ((RIN1625–AA09) (Docket No. USCG– curity and Governmental Affairs. ney-Advisor, U.S. Coast Guard, Department 2013–0900)) received in the Office of the Presi- EC–3904. A communication from the Attor- of Homeland Security, transmitting, pursu- dent of the Senate on December 11, 2013; to ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled the Committee on Commerce, Science, and of Homeland Security, transmitting, pursu- ‘‘Safety Zones; Recurring Events in Captain Transportation. ant to law, the report of a rule entitled ‘‘An- of the Port Boston Zone’’ ((RIN1625–AA00) EC–3921. A communication from the Attor- chorage Regulations; Pacific Ocean at San (Docket No. USCG–2013–0060)) received in the ney-Advisor, U.S. Coast Guard, Department Nicolas Island, CA; Restricted Anchorage Office of the President of the Senate on De- of Homeland Security, transmitting, pursu- Areas’’ ((RIN1625–AA01) (Docket No. USCG– cember 11, 2013; to the Committee on Com- ant to law, the report of a rule entitled 2012–0967)) received in the Office of the Presi- merce, Science, and Transportation. ‘‘Drawbridge Operation Regulation; Albe- dent of the Senate on December 11, 2013; to EC–3913. A communication from the Attor- marle Sound to Sunset Beach, Atlantic In- the Committee on Commerce, Science, and ney-Advisor, U.S. Coast Guard, Department tracoastal Waterway (AICW), Wrightsville Transportation. of Homeland Security, transmitting, pursu- Beach, NC’’ ((RIN1625–AA09) (Docket No. EC–3905. A communication from the Attor- ant to law, the report of a rule entitled USCG–2013–00857)) received in the Office of ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; HITS Triathlon Series; Colo- the President of the Senate on December 11, of Homeland Security, transmitting, pursu- rado River; Lake Havasu, AZ’’ ((RIN1625– 2013; to the Committee on Commerce, ant to law, the report of a rule entitled ‘‘Spe- AA00) (Docket No. USCG–2013–0855)) received Science, and Transportation. cial Local Regulations; Lake Havasu City in the Office of the President of the Senate EC–3922. A communication from the Attor- Christmas Boat Parade of Lights; Colorado on December 11, 2013; to the Committee on ney-Advisor, U.S. Coast Guard, Department River; Lake Havasu, AZ’’ ((RIN1625–AA00) Commerce, Science, and Transportation. of Homeland Security, transmitting, pursu- (Docket No. USCG–2013–0917)) received in the EC–3914. A communication from the Attor- ant to law, the report of a rule entitled Office of the President of the Senate on De- ney-Advisor, U.S. Coast Guard, Department ‘‘Drawbridge Operation Regulation; Back cember 11, 2013; to the Committee on Com- of Homeland Security, transmitting, pursu- Bay of Biloxi, between Biloxi and D’Iberville, merce, Science, and Transportation. ant to law, the report of a rule entitled MS’’ ((RIN1625–AA09) (Docket No. USCG– EC–3906. A communication from the Attor- ‘‘Safety Zone, Sea World Fireworks; Mission 2013–0852)) received in the Office of the Presi- ney-Advisor, U.S. Coast Guard, Department Bay, San Diego, CA’’ ((RIN1625–AA00) (Dock- dent of the Senate on December 11, 2013; to of Homeland Security, transmitting, pursu- et No. USCG–2013–0887)) received in the Office the Committee on Commerce, Science, and ant to law, the report of a rule entitled ‘‘Re- of the President of the Senate on December Transportation. EC–3923. A communication from the Dep- organization of Sector Baltimore and Hamp- 11, 2013; to the Committee on Commerce, uty Assistant Administrator for Regulatory ton Roads; Conforming Amendments’’ Science, and Transportation. Programs, Office of Sustainable Fisheries, ((RIN1625–ZA32) (Docket No. USCG–2013– EC–3915. A communication from the Attor- Department of Commerce, transmitting, pur- 0251)) received in the Office of the President ney-Advisor, U.S. Coast Guard, Department suant to law, the report of a rule entitled ’’ of the Senate on December 11, 2013; to the of Homeland Security, transmitting, pursu- Atlantic Highly Migratory Species; 2014 At- Committee on Commerce, Science, and ant to law, the report of a rule entitled lantic Shark Commercial Fishing Seasons’’ Transportation. ‘‘Safety Zone; Google’s Night at Sea Fire- (RIN0648–XC611) received during adjourn- EC–3907. A communication from the Attor- works Display, San Francisco Bay, Alameda, ment of the Senate in the Office of the Presi- ney-Advisor, U.S. Coast Guard, Department CA’’ ((RIN1625–AA00) (Docket No. USCG– dent of the Senate on December 5, 2013; to of Homeland Security, transmitting, pursu- 2013–0902)) received in the Office of the Presi- the Committee on Commerce, Science, and ant to law, the report of a rule entitled dent of the Senate on December 11, 2013; to Transportation. ‘‘Regulated Navigation Area; Portsmouth the Committee on Commerce, Science, and EC–3924. A communication from the Acting Naval Shipyard, Piscataqua River, Ports- Transportation. Deputy Director, Office of Sustainable Fish- mouth, NH’’ ((RIN1625–AA11) (Docket No. EC–3916. A communication from the Attor- eries, Department of Commerce, transmit- USCG–2013–0956)) received in the Office of the ney-Advisor, U.S. Coast Guard, Department ting, pursuant to law, the report of a rule en- President of the Senate on December 11, 2013; of Homeland Security, transmitting, pursu- titled ‘‘International Fisheries; Pacific Tuna to the Committee on Commerce, Science, ant to law, the report of a rule entitled Fisheries; 2013 Bigeye Tuna Longline Fishery and Transportation. ‘‘Drawbridge Operation Regulation; Genessee Closure in the Eastern Pacific Ocean’’ EC–3908. A communication from the Attor- River, Rochester, NY’’ ((RIN1625–AA09) (RIN0648–XC922) received during adjourn- ney-Advisor, U.S. Coast Guard, Department (Docket No. USCG–2013–0921)) received in the ment of the Senate in the Office of the Presi- of Homeland Security, transmitting, pursu- Office of the President of the Senate on De- dent of the Senate on December 5, 2013; to ant to law, the report of a rule entitled cember 11, 2013; to the Committee on Com- the Committee on Commerce, Science, and ‘‘Regulated Navigation Area; Upper Mis- merce, Science, and Transportation. Transportation. sissippi River between mile 0.0 and 109.9; EC–3917. A communication from the Attor- EC–3925. A communication from the Direc- Cairo, IL to Chester, IL’’ ((RIN1625–AA11) ney-Advisor, U.S. Coast Guard, Department tor, Office of Sustainable Fisheries, Depart- (Docket No. USCG–2013–0907)) received in the of Homeland Security, transmitting, pursu- ment of Commerce, transmitting, pursuant

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\A17DE6.006 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8912 CONGRESSIONAL RECORD — SENATE December 17, 2013 to law, the report of a rule entitled ‘‘Atlan- EC–3933. A communication from the Asso- King Mackerel in Northern Florida West tic Highly Migratory Species; Vessel Moni- ciate Bureau Chief, Wireline Competition Coast Subzone’’ (RIN0648–XC902) received in toring Systems’’ (RIN0648–BD24) received Bureau, Federal Communications Commis- the Office of the President of the Senate on during adjournment of the Senate in the Of- sion, transmitting, pursuant to law, the re- November 19, 2013; to the Committee on fice of the President of the Senate on Decem- port of a rule entitled ‘‘Rates for Interstate Commerce, Science, and Transportation. ber 4, 2013; to the Committee on Commerce, Inmate Calling Services’’ ((WC Docket No. EC–3941. A communication from the Dep- Science, and Transportation. 12–375)(FCC 13–113)) received during adjourn- uty Assistant Administrator for Regulatory EC–3926. A communication from the Acting ment of the Senate in the Office of the Presi- Programs, Office of Sustainable Fisheries, Deputy Director, Office of Sustainable Fish- dent of the Senate on December 2, 2013; to Department of Commerce, transmitting, pur- eries, Department of Commerce, transmit- the Committee on Commerce, Science, and suant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- Transportation. ‘‘Fisheries of the Caribbean, Gulf of Mexico, titled ‘‘Fisheries of the Exclusive Economic EC–3934. A communication from the Asso- and South Atlantic; Snapper-Grouper Re- Zone Off Alaska; Reallocation of Halibut and ciate Bureau Chief, Wireline Competition sources of the South Atlantic; Trip Limit Crab Prohibited Species Catch Allowances in Bureau, Federal Communications Commis- Reduction’’ (RIN0648–XC870) received in the the Bering Sea and Aleutian Islands Manage- sion, transmitting, pursuant to law, the re- Office of the President of the Senate on No- ment Area’’ (RIN0648–XC985) received during port of a rule entitled ‘‘Connect America vember 19, 2013; to the Committee on Com- adjournment of the Senate in the Office of Fund’’ ((RIN3060–AF85)(DA 13–2115)) received merce, Science, and Transportation. the President of the Senate on December 5, during adjournment of the Senate in the Of- EC–3942. A communication from the Dep- 2013; to the Committee on Commerce, fice of the President of the Senate on Decem- uty Assistant Administrator for Regulatory Science, and Transportation. ber 5, 2013; to the Committee on Commerce, Programs, Office of Sustainable Fisheries, EC–3927. A communication from the Acting Science, and Transportation. Department of Commerce, transmitting, pur- Deputy Director, Office of Sustainable Fish- EC–3935. A communication from the Assist- suant to law, the report of a rule entitled eries, Department of Commerce, transmit- ant Secretary for Export Administration, ‘‘Fisheries of the Caribbean, Gulf of Mexico, ting, pursuant to law, the report of a rule en- Bureau of Industry and Security, Depart- and South Atlantic; Closure of the 2013 titled ‘‘Fisheries of the Exclusive Economic ment of Commerce, transmitting, pursuant South Atlantic Commercial Sector for Red Zone Off Alaska; Reallocation of Pacific Cod to law, the report of a rule entitled ‘‘Amend- Snapper’’ (RIN0648–XC899) received in the Of- in the Bering Sea and Aleutian Islands Man- ments to Existing Validated End-User Au- fice of the President of the Senate on No- agement Area’’ (RIN0648–XC971) received thorizations in the People’s Republic of vember 19, 2013; to the Committee on Com- during adjournment of the Senate in the Of- China’’ (RIN0694–AF99) received in the Office merce, Science, and Transportation. fice of the President of the Senate on Decem- of the President of the Senate on November EC–3943. A communication from the Dep- ber 5, 2013; to the Committee on Commerce, 21, 2013; to the Committee on Commerce, uty Assistant Administrator for Regulatory Science, and Transportation. Science, and Transportation. Programs, Office of Sustainable Fisheries, EC–3928. A communication from the Acting EC–3936. A communication from the Dep- Department of Commerce, transmitting, pur- Deputy Director, Office of Sustainable Fish- uty Assistant Administrator for Regulatory suant to law, the report of a rule entitled eries, Department of Commerce, transmit- Programs, Office of Sustainable Fisheries, ‘‘Reef Fish Fishery of the Gulf of Mexico; ting, pursuant to law, the report of a rule en- Department of Commerce, transmitting, pur- 2013 Recreational Accountability Measure titled ‘‘Fisheries of the Northeastern United suant to law, the report of a rule entitled and Closure for Gray Triggerfish in the Gulf States; Summer Flounder Fishery; Quota ‘‘Fisheries Off West Coast States; Pacific of Mexico’’ (RIN0648–XC669) received in the Transfer’’ (RIN0648–XC932) received during Coast Groundfish Fishery Management Plan; Office of the President of the Senate on No- adjournment of the Senate in the Office of Commercial, Limited Entry Pacific Coast vember 19, 2013; to the Committee on Com- the President of the Senate on December 4, Groundfish Fishery; Program Improvement merce, Science, and Transportation. EC–3944. A communication from the Dep- 2013; to the Committee on Commerce, and Enhancement’’ (RIN0648–BD31) received uty Assistant Administrator for Regulatory Science, and Transportation. in the Office of the President of the Senate Programs, Office of Sustainable Fisheries, EC–3929. A communication from the Acting on November 21, 2013; to the Committee on Department of Commerce, transmitting, pur- Deputy Director, Office of Sustainable Fish- Commerce, Science, and Transportation. eries, Department of Commerce, transmit- EC–3937. A communication from the Dep- suant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- uty Assistant Administrator for Regulatory ‘‘Magnuson-Stevens Fishery Conservation titled ‘‘Fisheries of the Caribbean, Gulf of Programs, Office of Sustainable Fisheries, and Management Act Provisions; Fisheries Mexico, and South Atlantic; 2013 Commer- Department of Commerce, transmitting, pur- of the Northeastern United States; Monkfish cial Accountability Measure and Closure for suant to law, the report of a rule entitled Fishery; Emergency Action Extension’’ South Atlantic Gag’’ (RIN0648–XC966) re- ‘‘Fisheries of the Exclusive Economic Zone (RIN0648–XC79) received in the Office of the ceived during adjournment of the Senate in Off Alaska; Pollock in Statistical Area 630 in President of the Senate on November 19, the Office of the President of the Senate on the Gulf of Alaska’’ (RIN0648–XC918) received 2013; to the Committee on Commerce, December 4, 2013; to the Committee on Com- in the Office of the President of the Senate Science, and Transportation. EC–3945. A communication from the Dep- merce, Science, and Transportation. on November 19, 2013; to the Committee on uty Assistant Administrator for Regulatory EC–3930. A communication from the Acting Commerce, Science, and Transportation. Secretary of Commerce, transmitting, pursu- EC–3938. A communication from the Dep- Programs, Office of Sustainable Fisheries, ant to law, a report relative to the export to uty Assistant Administrator for Regulatory Department of Commerce, transmitting, pur- the People’s Republic of China of items not Programs, Office of Sustainable Fisheries, suant to law, the report of a rule entitled detrimental to the U.S. space launch indus- Department of Commerce, transmitting, pur- ‘‘Fisheries of the Northeastern United try; to the Committee on Commerce, suant to law, the report of a rule entitled States; Atlantic Herring Fishery; Frame- Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone work Adjustment 2 and Specifications’’ EC–3931. A communication from the Direc- Off Alaska; Pollock in Statistical Area 620 in (RIN0648–BD17) received in the Office of the tor, Office of Sustainable Fisheries, Depart- the Gulf of Alaska’’ (RIN0648–XC919) received President of the Senate on November 19, ment of Commerce, transmitting, pursuant in the Office of the President of the Senate 2013; to the Committee on Commerce, to law, the report of a rule entitled ‘‘Endan- on November 19, 2013; to the Committee on Science, and Transportation. gered and Threatened Species; Protective Commerce, Science, and Transportation. f Regulations for the Gulf of Maine Distinct EC–3939. A communication from the Dep- REPORTS OF COMMITTEES Population Segment of Atlantic Sturgeon’’ uty Assistant Administrator for Regulatory (RIN0648–AY96) received during adjournment Programs, Office of Sustainable Fisheries, The following reports of committees of the Senate in the Office of the President Department of Commerce, transmitting, pur- were submitted: of the Senate on December 5, 2013; to the suant to law, the report of a rule entitled By Mr. ROCKEFELLER, from the Com- Committee on Commerce, Science, and ‘‘Fisheries of the Northeastern United mittee on Commerce, Science, and Transpor- Transportation. States; Atlantic Herring Fishery; Sub-An- tation, with an amendment in the nature of EC–3932. A communication from the Asso- nual Catch Limit (ACL) Harvested for Man- a substitute: ciate Bureau Chief, Wireline Competition agement in Area 1 A’’ (RIN0648–XC903) re- S. 134. A bill to arrange for the National Bureau, Federal Communications Commis- ceived in the Office of the President of the Academy of Sciences to study the impact of sion, transmitting, pursuant to law, the re- Senate on November 19, 2013; to the Com- violent video games and violent video pro- port of a rule entitled ‘‘Special Access for mittee on Commerce, Science, and Transpor- gramming on children (Rept. No. 113–126). Price Cap Local Exchange Carriers; AT and tation. S. 269. A bill to establish uniform adminis- T Corporation Petition for Rulemaking to EC–3940. A communication from the Dep- trative and enforcement authorities for the Reform Regulation of Incumbent Local Ex- uty Assistant Administrator for Regulatory enforcement of the High Seas Driftnet Fish- change Carrier Rates for Interstate Special Programs, Office of Sustainable Fisheries, ing Moratorium Protection Act and similar Access Service’’ ((RIN3060–AJ80)(DA 13–1909)) Department of Commerce, transmitting, pur- statutes, and for other purposes (Rept. No. received during adjournment of the Senate suant to law, the report of a rule entitled 113–127). in the Office of the President of the Senate ‘‘Coastal Migratory Pelagic Resources of the By Mr. CARPER, from the Committee on on December 2, 2013; to the Committee on Gulf of Mexico and South Atlantic; 2012–2013 Homeland Security and Governmental Af- Commerce, Science, and Transportation. Accountability Measure and Closure for Gulf fairs, without amendment:

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A17DE6.007 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8913 H.R. 1162. A bill to amend title 31, United ment under the Generalized System of Pref- shire (Ms. AYOTTE) and the Senator States Code, to make improvements in the erences, and for other purposes; to the Com- from New Hampshire (Mrs. SHAHEEN) Government Accountability Office (Rept. No. mittee on Finance. were added as cosponsors of S. 313, a 113–128). By Mr. KIRK (for himself and Ms. KLO- bill to amend the Internal Revenue f BUCHAR): S. 1840. A bill to allow the Secretary of the Code of 1986 to provide for the tax EXECUTIVE REPORTS OF Treasury to rely on State examinations for treatment of ABLE accounts estab- COMMITTEE certain financial institutions, and for other lished under State programs for the purposes; to the Committee on Banking, care of family members with disabil- The following executive reports of Housing, and Urban Affairs. ities, and for other purposes. nominations were submitted: By Mr. INHOFE: S. 624 By Mr. WYDEN for the Committee on En- S. 1841. A bill to mitigate the reduction in At the request of Mr. BURR, the name ergy and Natural Resources. the readiness of our Armed Forces by reduc- *Steven Croley, of Michigan, to be General ing the defense sequestration cuts for fiscal of the Senator from Illinois (Mr. KIRK) Counsel of the Department of Energy. years 2014 and 2015 but implementing the was added as a cosponsor of S. 624, a *Christopher Smith, of Texas, to be an As- cuts, in their entirety, over the duration of bill to amend the Child Care and Devel- sistant Secretary of Energy (Fossil Energy). sequestration; to the Committee on the opment Block Grant Act of 1990 to re- *Esther Puakela Kia’aina, of Hawaii, to be Budget. quire criminal background checks for an Assistant Secretary of the Interior. By Mr. PORTMAN (for himself, Mr. child care providers. ALEXANDER, Mr. BAUCUS, Mr. BLUNT, *Nomination was reported with rec- S. 641 Mr. BOOZMAN, Mrs. BOXER, Mr. ommendation that it be confirmed sub- YDEN BROWN, Mr. BURR, Mr. CHAMBLISS, At the request of Mr. W , the ject to the nominee’s commitment to Mr. COATS, Mr. CORKER, Mr. FLAKE, name of the Senator from New Mexico respond to requests to appear and tes- Mr. HOEVEN, Mr. INHOFE, Mr. ISAK- (Mr. HEINRICH) was added as a cospon- tify before any duly constituted com- SON, Mr. KAINE, Mr. MANCHIN, Mrs. sor of S. 641, a bill to amend the Public mittee of the Senate. MCCASKILL, Mr. MORAN, Mr. REID, Health Service Act to increase the Mr. ROCKEFELLER, Mr. RUBIO, Mr. f number of permanent faculty in pallia- THUNE, Mr. VITTER, and Mr. WAR- tive care at accredited allopathic and INTRODUCTION OF BILLS AND NER): osteopathic medical schools, nursing JOINT RESOLUTIONS S. 1842. A bill to require the Secretary of the Treasury to mint coins in recognition schools, and other programs, to pro- The following bills and joint resolu- and celebration of the Pro Football Hall of mote education in palliative care and tions were introduced, read the first Fame; to the Committee on Banking, Hous- hospice, and to support the develop- and second times by unanimous con- ing, and Urban Affairs. ment of faculty careers in academic sent, and referred as indicated: By Mr. UDALL of New Mexico (for palliative medicine. By Mr. INHOFE: himself, Mr. MORAN, and Mr. S. 666 S. 1833. A bill to amend the Internal Rev- JOHANNS): S. 1843. A bill to eliminate duplication and At the request of Mr. BLUMENTHAL, enue Code of 1986 to eliminate the taxable in- waste in Federal information technology ac- the name of the Senator from Rhode Is- come limit on percentage depletion for oil quisition and management; to the Com- land (Mr. WHITEHOUSE) was added as a and natural gas produced from marginal mittee on Homeland Security and Govern- cosponsor of S. 666, a bill to prohibit properties; to the Committee on Finance. mental Affairs. By Mr. INHOFE: attendance of an animal fighting ven- By Mrs. SHAHEEN (for herself, Mr. S. 1834. A bill to amend the Internal Rev- ture, and for other purposes. SCHATZ, Mr. WARNER, Mr. UDALL of enue Code of 1986 to permanently extend the S. 864 New Mexico, Mr. REED, Ms. HIRONO, depreciation rules for property used pre- At the request of Mr. WICKER, the Mr. SANDERS, Mr. FRANKEN, Mr. dominantly within an Indian reservation; to BLUMENTHAL, Mr. MERKLEY, Ms. name of the Senator from Hawaii (Mr. the Committee on Finance. WARREN, Mr. KAINE, Mr. KING, Mr. SCHATZ) was added as a cosponsor of S. By Mr. MANCHIN (for himself, Mr. BEGICH, Mr. UDALL of Colorado, Ms. 864, a bill to amend the Safe Drinking SCHUMER, and Mr. KIRK): KLOBUCHAR, and Ms. LANDRIEU): S. 1835. A bill to amend the Congressional Water Act to reauthorize technical as- S. 1844. A bill to restore full military re- Budget Act of 1974 to require a jobs score for sistance to small public water systems, tirement benefits by closing corporate tax each spending bill considered in Congress; to and for other purposes. loopholes; to the Committee on Finance. the Committee on the Budget. S. 870 By Mr. REED (for himself and Mr. By Mr. BURR (for himself, Mr. COATS, DALL HELLER): At the request of Mr. U of New and Mr. INHOFE): S. 1845. A bill to provide for the extension Mexico, the name of the Senator from S. 1836. A bill to merge the Department of of certain unemployment benefits, and for Hawaii (Mr. SCHATZ) was added as a co- Labor, the Department of Commerce, and other purposes; read the first time. sponsor of S. 870, a bill to authorize the the Small Business Administration to estab- By Mr. MENENDEZ (for himself, Mr. lish a Department of Commerce and the Secretary of Education to make grants BEGICH, Mr. BLUMENTHAL, Mr. BOOK- Workforce, and for other purposes; to the to promote the education of pregnant ER, Mr. CASEY, Mr. COCHRAN, Mr. Committee on Homeland Security and Gov- and parenting students. FRANKEN, Mrs. GILLIBRAND, Mr. GRA- ernmental Affairs. S. 895 HAM, Mrs. HAGAN, Ms. HEITKAMP, Mr. By Ms. WARREN (for herself, Mr. HOEVEN, Mr. ISAKSON, Ms. KLO- At the request of Mrs. GILLIBRAND, BLUMENTHAL, Mr. BROWN, Mr. LEAHY, BUCHAR, Ms. LANDRIEU, Mr. MANCHIN, the name of the Senator from Rhode Is- Mr. MARKEY, Mrs. SHAHEEN, and Mr. Mr. MARKEY, Mr. MERKLEY, Ms. MUR- land (Mr. WHITEHOUSE) was added as a WHITEHOUSE): KOWSKI, Mr. NELSON, Mr. REED, Mr. S. 1837. A bill to amend the Fair Credit Re- cosponsor of S. 895, a bill to improve SCHATZ, Mr. SCHUMER, Mr. SCOTT, Mr. porting Act to prohibit the use of consumer the ability of the Food and Drug Ad- VITTER, Ms. WARREN, Mr. WHITE- credit checks against prospective and cur- ministration to study the use of anti- HOUSE, and Mr. WICKER): rent employees for the purposes of making S. 1846. A bill to delay the implementation microbial drugs in food-producing ani- adverse employment decisions; to the Com- of certain provisions of the Biggert-Waters mals. mittee on Health, Education, Labor, and Flood Insurance Reform Act of 2012, and for S. 958 Pensions. other purposes; read the first time. At the request of Mr. UDALL of Colo- By Mr. UDALL of New Mexico (for By Ms. HIRONO (for herself, Mr. CHAM- rado, the name of the Senator from himself, Mr. RUBIO, Mr. MENENDEZ, BLISS, and Mr. SCHATZ): and Mr. HEINRICH): Montana (Mr. TESTER) was added as a S. 1847. A bill to provide for the redesigna- cosponsor of S. 958, a bill to amend the S. 1838. A bill to amend the National His- tion of the Asia-Pacific Center for Security toric Preservation Act to make Hispanic- Studies as the Daniel K. Inouye Asia-Pacific Internal Revenue Code of 1986 to reduce serving institutions eligible for technical Center for Security Studies; considered and the tax on beer to its pre-1991 level, and and financial assistance for the establish- passed. for other purposes. ment of preservation training and degree S. 1007 programs; to the Committee on Energy and f At the request of Mr. KING, the name Natural Resources. ADDITIONAL COSPONSORS By Mr. BEGICH (for himself and Mr. of the Senator from Alaska (Mr. BLUNT): S. 313 BEGICH) was added as a cosponsor of S. S. 1839. A bill to make certain luggage and At the request of Mr. CASEY, the 1007, a bill to amend the Internal Rev- travel articles eligible for duty-free treat- names of the Senator from New Hamp- enue Code of 1986 to include biomass

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A17DE6.009 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8914 CONGRESSIONAL RECORD — SENATE December 17, 2013 heating appliances for tax credits sponsors of S. 1459, a bill to amend title Health Service Act to reauthorize the available for energy-efficient building 49, United States Code, to prohibit the poison center national toll-free num- property and energy property. transportation of horses in interstate ber, national media campaign, and S. 1181 transportation in a motor vehicle con- grant program, and for other purposes. At the request of Mr. MENENDEZ, the taining 2 or more levels stacked on top S. 1725 name of the Senator from Oregon (Mr. of one another. At the request of Mr. VITTER, the MERKLEY) was added as a cosponsor of S. 1500 name of the Senator from Mississippi S. 1181, a bill to amend the Internal At the request of Mr. CORNYN, the (Mr. WICKER) was added as a cosponsor Revenue Code of 1986 to exempt certain name of the Senator from Florida (Mr. of S. 1725, a bill to amend the Securi- stock of real estate investment trusts RUBIO) was added as a cosponsor of S. ties Investor Protection Act of 1970 to from the tax on foreign investments in 1500, a bill to declare the November 5, confirm that a customer’s net equity United States real property interests, 2009, attack at Fort Hood, Texas, a ter- claim is based on the customer’s last and for other purposes. rorist attack, and to ensure that the statement and that certain recoveries S. 1187 victims of the attack and their fami- are prohibited, to change how trustees At the request of Ms. STABENOW, the lies receive the same honors and bene- are appointed, and for other purposes. name of the Senator from Ohio (Mr. fits as those Americans who have been S. 1728 BROWN) was added as a cosponsor of S. killed or wounded in a combat zone At the request of Mr. CORNYN, the 1187, a bill to prevent homeowners from overseas and their families. names of the Senator from Ohio (Mr. being forced to pay taxes on forgiven S. 1570 PORTMAN) and the Senator from Texas mortgage loan debt. At the request of Ms. MURKOWSKI, the (Mr. CRUZ) were added as cosponsors of S. 1291 name of the Senator from New Mexico S. 1728, a bill to amend the Uniformed and Overseas Citizens Absentee Voting At the request of Mr. REED, the name (Mr. HEINRICH) was added as a cospon- of the Senator from Minnesota (Mr. sor of S. 1570, a bill to amend the In- Act to improve ballot accessibility to uniformed services voters and overseas FRANKEN) was added as a cosponsor of dian Health Care Improvement Act to S. 1291, a bill to strengthen families’ authorize advance appropriations for voters, and for other purposes. engagement in the education of their the Indian Health Service by providing S. 1747 children. 2-fiscal-year budget authority, and for At the request of Mr. REED, the name of the Senator from Hawaii (Mr. S. 1332 other purposes. SCHATZ) was added as a cosponsor of S. At the request of Ms. COLLINS, the S. 1613 1747, a bill to provide for the extension names of the Senator from Oregon (Mr. At the request of Mr. KIRK, the name of certain unemployment benefits, and MERKLEY) and the Senator from New of the Senator from Montana (Mr. for other purposes. Mexico (Mr. HEINRICH) were added as TESTER) was added as a cosponsor of S. cosponsors of S. 1332, a bill to amend 1613, a bill to amend the Fair Credit S. 1765 title XVIII of the Social Security Act Reporting Act to clarify Federal law At the request of Mr. CORKER, the to ensure more timely access to home with respect to reporting full-file alter- name of the Senator from Texas (Mr. health services for Medicare bene- native data, including positive and neg- CORNYN) was added as a cosponsor of S. ficiaries under the Medicare program. ative consumer credit information to 1765, a bill to ensure the compliance of consumer reporting agencies by public Iran with agreements relating to Iran’s S. 1361 nuclear program. At the request of Mr. MURPHY, the utility or telecommunications compa- S. 1767 name of the Senator from California nies, and for other purposes. At the request of Mr. MARKEY, the S. 1661 (Mrs. BOXER) was added as a cosponsor name of the Senator from Hawaii (Mr. of S. 1361, a bill to direct the Secretary At the request of Mr. CRUZ, the name SCHATZ) was added as a cosponsor of S. of the Senator from Kansas (Mr. ROB- of Homeland Security to accept addi- 1767, a bill to amend title 49, United ERTS) was added as a cosponsor of S. tional documentation when considering States Code, to require gas pipeline fa- 1661, a bill to require the Secretary of the application for veterans status of cilities to accelerate the repair, reha- State to offer rewards of up to $5,000,000 an individual who performed service as bilitation, and replacement of high- for information regarding the attacks a coastwise merchant seaman during risk pipelines used in commerce, and on the United States diplomatic mis- World War II, and for other purposes. for other purposes. S. 1364 sion at Benghazi, Libya that began on September 11, 2012. S. 1768 At the request of Mr. WYDEN, the At the request of Mr. MARKEY, the S. 1690 name of the Senator from New Hamp- name of the Senator from Hawaii (Mr. At the request of Mr. PORTMAN, the shire (Ms. AYOTTE) was added as a co- SCHATZ) was added as a cosponsor of S. sponsor of S. 1364, a bill to promote name of the Senator from New Hamp- 1768, a bill to establish State revolving neutrality, implicity, and fairness in shire (Ms. AYOTTE) was added as a co- loan funds to repair or replace natural the taxation of digital goods and dig- sponsor of S. 1690, a bill to reauthorize gas distribution pipelines. ital services. the Second Chance Act of 2007. S. 1779 S. 1697 S. 1422 At the request of Mr. TOOMEY, the At the request of Mr. CARDIN, the At the request of Mr. HARKIN, the name of the Senator from Massachu- name of the Senator from Oregon (Mr. names of the Senator from Rhode Is- setts (Mr. MARKEY) was added as a co- MERKLEY) was added as a cosponsor of land (Mr. REED) and the Senator from sponsor of S. 1779, a bill to amend the S. 1422, a bill to amend the Congres- Oregon (Mr. MERKLEY) were added as Safe Drinking Water Act to exempt sional Budget Act of 1974 respecting cosponsors of S. 1697, a bill to support fire hydrants from the prohibition on the scoring of preventive health sav- early learning. the use of lead pipes, fittings, fixtures, ings. S. 1711 solder, and flux. S. 1456 At the request of Mr. BARRASSO, the S. 1797 At the request of Ms. AYOTTE, the name of the Senator from South Caro- At the request of Mr. REED, the name of the Senator from Pennsyl- lina (Mr. SCOTT) was added as a cospon- names of the Senator from Minnesota vania (Mr. CASEY) was added as a co- sor of S. 1711, a bill to enable States to (Ms. KLOBUCHAR) and the Senator from sponsor of S. 1456, a bill to award the opt out of certain provisions of the Pa- Hawaii (Mr. SCHATZ) were added as co- Congressional Gold Medal to Shimon tient Protection and Affordable Care sponsors of S. 1797, a bill to provide for Peres. Act. the extension of certain unemployment S. 1459 S. 1719 benefits, and for other purposes. At the request of Mr. KIRK, the At the request of Mrs. MURRAY, the S. 1798 names of the Senator from Hawaii (Mr. name of the Senator from Missouri At the request of Mr. WARNER, the SCHATZ) and the Senator from Mary- (Mr. BLUNT) was added as a cosponsor names of the Senator from New Hamp- land (Ms. MIKULSKI) were added as co- of S. 1719, a bill to amend the Public shire (Ms. AYOTTE), the Senator from

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\A17DE6.013 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8915 Montana (Mr. TESTER), the Senator AMENDMENT NO. 2564 of the Tax Extenders Package. Since from Minnesota (Mr. FRANKEN), the At the request of Mr. REED, the name we have had this suspension on the Senator from Louisiana (Mr. VITTER) of the Senator from Hawaii (Mr. books for more than a decade, I think and the Senator from Minnesota (Ms. SCHATZ) was added as a cosponsor of it is time to give producers the predict- KLOBUCHAR) were added as cosponsors amendment No. 2564 intended to be pro- ability they need by making this com- of S. 1798, a bill to ensure that emer- posed to H.J. Res. 59, a joint resolution mon sense tax accounting provision gency services volunteers are not making continuing appropriations for permanent. counted as full-time employees under fiscal year 2014, and for other purposes. At a time when our unemployment the shared responsibility requirements AMENDMENT NO. 2576 rate remains over 7 percent, we need to contained in the Patient Protection At the request of Ms. AYOTTE, the be doing everything we can to encour- and Affordable Care Act. name of the Senator from South Caro- age economic growth. The energy in- S. RES. 75 lina (Mr. GRAHAM) was added as a co- dustry is a major contributor to our At the request of Mr. KIRK, the sponsor of amendment No. 2576 in- economy, and it has a lot of room to names of the Senator from Montana tended to be proposed to H.J. Res. 59, a grow. The Congressional Research (Mr. TESTER), the Senator from Mis- joint resolution making continuing ap- Service released a report that says the sissippi (Mr. COCHRAN) and the Senator propriations for fiscal year 2014, and for United States has the most energy po- from California (Mrs. BOXER) were other purposes. tential under its soil than any other country on earth. Hiding beneath our added as cosponsors of S. Res. 75, a res- f olution condemning the Government of soil are jobs, wealth, and lower deficits. STATEMENTS ON INTRODUCED Iran for its state-sponsored persecution We should allow this sector to grow. BILLS AND JOINT RESOLUTIONS of its Baha’i minority and its contin- This is a common sense, easy way to do ued violation of the International Cov- By Mr. INHOFE: this, so I urge swift passage. enants on Human Rights. S. 1833. A bill to amend the Internal Revenue Code of 1986 to eliminate the By Mr. INHOFE: S. RES. 252 S. 1834. A bill to amend the Internal taxable income limit on percentage de- At the request of Mr. CRUZ, the name Revenue Code of 1986 to permanently pletion for oil and natural gas produced of the Senator from Oklahoma (Mr. extend the depreciation rules for prop- from marginal properties; to the Com- INHOFE) was added as a cosponsor of S. erty used predominantly within an In- mittee on Finance. Res. 252, a resolution expressing the dian reservation; to the Committee on Mr. INHOFE. Mr. President, I would sense of the Senate on steps the Gov- Finance. ernment of Iran must take before like to announce the reintroduction of Mr. INHOFE. Mr. President, I would President Obama meets with the Presi- a bill to amend the Internal Revenue like to bring to your attention a bill I dent of Iran. Code to eliminate the taxable income am reintroducing that would make per- limit on percentage depletion for oil S. RES. 317 manent the current tax provision that and natural gas produced from mar- At the request of Mr. SESSIONS, the allows capital assets on Indian lands to ginal properties. name of the Senator from Connecticut be depreciated on an accelerated sched- Since 1926 small producers and mil- (Mr. MURPHY) was added as a cosponsor ule. lions of royalty owners have had the of S. Res. 317, a resolution expressing For many years, the Federal tax code option to utilize percentage depletion the sense of the Senate on the con- has provided an incentive for busi- to both simplify their accounting tinuing relationship between the nesses to invest in operations on Indian methodology and to account for the de- United States and Georgia. reservations and lands across the coun- cline in the value of minerals produced try. According to the law, businesses S. RES. 318 from a property. Percentage depletion At the request of Mr. DURBIN, the that purchase capital equipment and is particularly important to America’s use it on Indian lands will be able to names of the Senator from California 700,000 low-volume marginal wells. The (Mrs. BOXER) and the Senator from Ar- depreciate it, on average, more than 40 average marginal well produces barely percent faster than would otherwise be kansas (Mr. BOOZMAN) were added as 2 barrels per day, yet cumulatively cosponsors of S. Res. 318, a resolution allowed. they account for nearly 28 percent of This tax provision is important to expressing the sense of the Senate re- domestic production in the lower 48 Oklahoma because of our longstanding garding the critical need for political states. Since every on-shore natural history and unique relationship with reform in Bangladesh, and for other gas and oil well eventually declines Indian tribes. With our sluggish econ- purposes. into marginal production, the eco- omy, we need to do all we can to en- S. RES. 319 nomic life span and corresponding pro- courage businesses to reinvest in and At the request of Mr. MURPHY, the duction of all wells is extended by al- expand their operations, as this will names of the Senator from Connecticut lowing the use of percentage depletion. create sustainable job growth. (Mr. BLUMENTHAL) and the Senator Until 1998, the deduction marginal The accelerated depreciation sched- from Florida (Mr. RUBIO) were added as producers could take from percentage ule gives businesses the opportunity to cosponsors of S. Res. 319, a resolution depletion was limited to 100 percent of recover investment dollars in capital expressing support for the Ukrainian taxable income from each individual assets more rapidly. This frees money people in light of President property. Many producers, however, that would have been tied up in the Yanukovych’s decision not to sign an specialize in marginally producing value of their capital assets, such as Association Agreement with the Euro- wells and have many properties oper- buildings, equipment, and machinery pean Union. ating simultaneously. Naturally, some and enables companies to reinvest it AMENDMENT NO. 2562 wells in a producer’s portfolio are more more quickly than was available with a At the request of Mr. REED, the name productive than others. Some would slower depreciation schedule. of the Senator from Hawaii (Mr. have depletion rates greater than 100 The Oklahoma Department of Com- SCHATZ) was added as a cosponsor of percent of taxable income, while others merce has reported that many compa- amendment No. 2562 intended to be pro- would have depletion rates lower than nies attribute this provision as a key posed to H.J. Res. 59, a joint resolution the limit. Removing the taxable in- reason for relocating to and expanding making continuing appropriations for come limitation allows producers to within the State. One Oklahoma food fiscal year 2014, and for other purposes. take percentage depletion deductions processing plant manager stated that AMENDMENT NO. 2563 on a portfolio-wide basis, which makes the credit was a significant factor in At the request of Mr. REED, the name their entire operation more economi- the company’s decision to expand. of the Senator from Hawaii (Mr. cal. Additionally, today’s announcement SCHATZ) was added as a cosponsor of Since 1998, Congress has understood by Macy’s, Inc. to locate a new, world amendment No. 2563 intended to be pro- this fact and has suspended the limita- class online processing center in Tulsa posed to H.J. Res. 59, a joint resolution tion. Unfortunately, the provision has was justified in part by the Indian making continuing appropriations for never been made permanent. It has just lands tax provision. This new 1.3 mil- fiscal year 2014, and for other purposes. been extended year after year as part lion square feet facility will employ

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A17DE6.014 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8916 CONGRESSIONAL RECORD — SENATE December 17, 2013 1,100 people full time and will expand about basic fairness. Let people com- for good jobs for which they are fully to 2,500 people during peak periods. pete for jobs on the merits, not on qualified, but they are barred because Construction on this project will begin whether they have enough money to employers insist on examining their in 2014, and the facility will open for pay all their bills. credit history. business in 2015. I could not be more ex- Many people have bad credit because Another challenge with using credit cited by Macy’s decision to expand its they hit hard times. They got sick, reports during the job application proc- operations in Oklahoma. It is a testa- their husband left or their wife died or ess is that they are not always accu- ment to Oklahoma’s strong, business they lost their jobs. These are tough rate. According to a February 2013 FTC friendly culture and capable work events under any circumstances, and report, 20 percent of consumers could force. they often put a real financial strain identify at least one error in their Although the accelerated schedule is on a person. That strain sometimes re- credit reports. currently allowed, the law states it sults in late payments or an increase in Unfortunately, someone whose credit will expire at the end of this year. The the amount of money they must bor- report has a significant error may have provision has typically been renewed row. trouble learning about the mistake each year, but many business leaders The problems of bad credit were com- and, even if the mistake is identified, have expressed concern that it is not pounded following the 2008 financial have trouble getting it corrected in a permanent, including the executives of crisis. Millions of people stumbled fi- reasonable time. Macy’s. nancially when shrinking home prices According to the same FTC report, As a former businessman, I under- left them unable to refinance or to sell correcting credit report errors can be stand the problem of unpredictability a home. Depreciated savings left people difficult to manage and the reporting and so do Oklahoma’s business leaders with a smaller financial cushion to sur- agencies can be unresponsive. This who have expressed frustration over vive fluctuations in their income. Peo- means innocent job applicants are pay- dramatically changing government ple lost their small businesses and ing the price for a credit rating com- policies ranging from environmental found themselves mired in debt. For pany’s mistake. regulations to the tax code. This kind too many people, the fallout from the This is only one more way the game of environment makes it difficult for 2008 crisis also damaged their credit. is rigged. A rich person who loses a job, businesses to proceed with investment Much of America, hard-working, bill- gets divorced or faces a family illness decisions. Businesses need stability, paying America, has a damaged credit is unlikely to suffer from a drop in his and this is particularly true during rating, and the impact of that bad credit or her credit rating. But for mil- times of economic weakness. We in credit rating lasts a long time. Nega- lions of working families, a hard per- Congress should take this point seri- tive information generally remains on sonal blow translates into a hard finan- ously, and take a step in the right di- a credit report for 7 years and, in some cial blow that will show up for years in rection by making permanent this im- cases, it lasts even longer. a credit report. No one should be de- portant tax provision. Most people recognize that one con- nied the chance to compete for a job Mr. President, I ask unanimous con- sequence of bad credit is that they are because of a credit report that bears no sent that the text of the bill be printed going to have trouble borrowing money relationship to job performance and in the RECORD. or they are going to pay more when that can be riddled with inaccuracies. There being no objection, the text of they borrow. But for many people, a In the aftermath of the 2008 financial the bill was ordered to be printed in damaged credit rating can block access crisis—a crisis that hammered middle- the RECORD, as follows: to a job. After a terrible blow—a job class families and from which millions S. 1834 loss, a death in the family, a divorce, a of families are still struggling to re- Be it enacted by the Senate and House of serious medical problem—many people cover—these practices should be Representatives of the United States of America are scrambling to get back to work or stopped. It is time to give more fami- in Congress assembled, to pick up a second job or to change lies a chance to get back in the work- SECTION 1. PERMANENT EXTENSION OF DEPRE- jobs so they can get back on their feet force and to get back on their feet. CIATION RULES FOR PROPERTY ON financially, but they are knocked back f INDIAN RESERVATIONS. by damaged credit. Today, highly (a) IN GENERAL.—Subsection (j) of section qualified applicants with bad credit AUTHORITY FOR COMMITTEES TO 168 of the Internal Revenue Code of 1986 is can be shut out of the job market. This MEET amended by striking paragraph (8). COMMITTEE ON BANKING, HOUSING, AND URBAN (b) EFFECTIVE DATE.—The amendment is wrong. AFFAIRS made by this section shall apply to property It was once thought a credit history placed in service after December 31, 2013. would provide insight into a person’s Mr. CARDIN. Mr. President, I ask character and, today, many companies unanimous consent that the Com- By Ms. WARREN (for herself, Mr. routinely require credit reports from mittee on Banking, Housing, and BLUMENTHAL, Mr. BROWN, Mr. job applicants. But research has shown Urban Affairs be authorized to meet LEAHY, Mr. MARKEY, Mrs. SHA- that an individual’s credit rating has during the session of the Senate on De- HEEN, and Mr. WHITEHOUSE): little to no correlation with his or her cember 17, 2013, at 10 a.m. S. 1837. A bill to amend the Fair ability to succeed in the workplace. A The PRESIDING OFFICER. Without Credit Reporting Act to prohibit the bad credit rating is far more often the objection, it is so ordered. use of consumer credit checks against result of an unexpected personal crisis COMMITTEE ON ENERGY AND NATURAL prospective and current employees for or economic downturn than a reflec- RESOURCES the purposes of making adverse em- tion of someone’s character or abili- Mr. CARDIN. Mr. President, I ask ployment decisions; to the Committee ties. unanimous consent that the Com- on Health, Education, Labor, and Pen- The Equal Employment for All Act mittee on Energy and Natural Re- sions. would amend the Fair Credit Reporting sources be authorized to meet during Ms. WARREN. Mr. President, I come Act to put an end to these unfair and the session of the Senate on December to the floor in support of the Equal harmful practices. This would benefit 17, 2013, at 10 a.m., in room SD–366 of Employment for All Act, a bill I intro- millions of American families down on the Dirksen Senate Office Building, to duced today with Senators their luck, giving them a chance to re- conduct a hearing entitled ‘‘Depart- BLUMENTHAL, BROWN, LEAHY, MARKEY, build their financial security. It will ment of the Interior and Department of SHAHEEN, and WHITEHOUSE. This legis- particularly help women, minorities, Energy Nominations.’’ lation would prohibit employers from students, and seniors because these The PRESIDING OFFICER. Without requiring prospective employees to dis- groups are disproportionately likely to objection, it is so ordered. close their credit history as part of the be hit hard by bad credit ratings. For COMMITTEE ON ENVIRONMENT AND PUBLIC job application process. It makes sure example, the economic fallout from a WORKS that hiring decisions are based on an divorce often hits women’s finances Mr. CARDIN. Mr. President, I ask individual’s skill and experience—not particularly hard. It only gets more unanimous consent that the Com- on past financial problems. This is also difficult for women when they apply mittee on Environment and Public

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A17DE6.022 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE December 17, 2013 CONGRESSIONAL RECORD — SENATE S8917 Works be authorized to meet during PRIVILEGES OF THE FLOOR The bill (S. 1847) was ordered to be the session of the Senate on December Mr. HARKIN. Mr. President, I ask engrossed for a third reading, was read 17, 2013, at 2:30 p.m., in room SD–406 of unanimous consent that Trenton White the third time, and passed, as follows: the Dirksen Senate Office Building. of my staff be granted floor privileges S. 1847 The PRESIDING OFFICER. Without for the duration of today’s proceedings. Be it enacted by the Senate and House of objection, it is so ordered. The PRESIDING OFFICER. Without Representatives of the United States of America COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. in Congress assembled, SECTION 1. REDESIGNATION OF THE ASIA-PA- Mr. CARDIN. Mr. President, I ask f unanimous consent that the Com- CIFIC CENTER FOR SECURITY STUD- SAFE ACT CONFIDENTIALITY AND IES AS THE DANIEL K. INOUYE ASIA- mittee on Foreign Relations be author- PACIFIC CENTER FOR SECURITY ized to meet during the session of the PRIVILEGE ENHANCEMENT ACT STUDIES. Senate on December 17, 2013, at 4 p.m. Mr. REID. Mr. President, I ask unan- (a) REDESIGNATION.—The Department of The PRESIDING OFFICER. Without imous consent that the Banking, Hous- Defense regional center for security studies objection, it is so ordered. ing, and Urban Affairs Committee be known as the Asia-Pacific Center for Secu- rity Studies is hereby renamed the ‘‘Daniel COMMITTEE ON HOMELAND SECURITY AND discharged from further consideration K. Inouye Asia-Pacific Center for Security GOVERNMENTAL AFFAIRS of S. 947 and the Senate now proceed to Studies’’. Mr. CARDIN. Mr. President, I ask its consideration. (b) CONFORMING AMENDMENTS.— unanimous consent that the Com- The PRESIDING OFFICER. Without (1) REFERENCE TO REGIONAL CENTERS FOR mittee on Homeland Security and Gov- objection, it is so ordered. SECURITY STUDIES.—Subparagraph (B) of sec- ernmental Affairs be authorized to The clerk will report the bill by title. tion 184(b)(2) of title 10, United States Code, meet during the session of the Senate The assistant legislative clerk read is amended to read as follows: on December 17, 2013, at 10:30 a.m., to as follows: ‘‘(B) The Daniel K. Inouye Asia-Pacific conduct a hearing entitled ‘‘The Navy A bill (S. 947) to ensure access to certain Center for Security Studies.’’. Yard Tragedy: Examining Physical Se- information for financial services industry (2) ACCEPTANCE OF GIFTS AND DONATIONS.— regulators, and for other purposes. Subparagraph (B) of section 2611(a)(2) of such curity for Federal Facilities.’’ title is amended to read as follows: The PRESIDING OFFICER. Without There being no objection, the Senate ‘‘(B) The Daniel K. Inouye Asia-Pacific objection, it is so ordered. proceeded to consider the bill. Center for Security Studies.’’. COMMITTEE ON THE JUDICIARY Mr. REID. Mr. President, I ask unan- (c) REFERENCES.—Any reference to the De- Mr. CARDIN. Mr. President, I ask imous consent that the bill be read partment of Defense Asia-Pacific Center for unanimous consent that the Com- three times and passed, and the motion Security Studies in any law, regulation, mittee on the Judiciary be authorized to reconsider be considered made and map, document, record, or other paper of the laid upon the table, with no inter- United States shall be deemed to be a ref- to meet during the session of the Sen- erence to the Daniel K. Inouye Asia-Pacific ate on December 17, 2013, at 10 a.m., in vening action or debate. Center for Security Studies. room SD–226 of the Dirksen Senate Of- The PRESIDING OFFICER. Without fice Building, to conduct a hearing en- objection, it is so ordered. f titled ‘‘Protecting Small Businesses The bill (S. 947) was ordered to be en- MEASURES READ THE FIRST and Promoting Innovation by Limiting grossed for a third reading, was read TIME—S. 1845 AND S. 1846 the third time, and passed, as follows: Patent Troll Abuse.’’ Mr. REID. Mr. President, I am told The PRESIDING OFFICER. Without S. 947 there are two bills at the desk and I objection, it is so ordered. Be it enacted by the Senate and House of ask for their first reading en bloc. COMMITTEE ON THE JUDICIARY Representatives of the United States of America in Congress assembled, The PRESIDING OFFICER. The Mr. CARDIN. Mr. President, I ask clerk will read the bills by title for the unanimous consent that the Com- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘SAFE Act first time. mittee on the Judiciary be authorized The legislative clerk read as follows: to meet during the session of the Sen- Confidentiality and Privilege Enhancement Act’’. A bill (S. 1845) to provide for the extension ate on December 17, 2013, at 2:30 p.m., SEC. 2. CONFIDENTIALITY OF INFORMATION of certain unemployment benefits, and for in room SD–226 of the Dirksen Senate SHARED BETWEEN STATE AND FED- other purposes. Office Building, to conduct a hearing ERAL FINANCIAL SERVICES REGU- A bill (S. 1846) to delay the implementation entitled ‘‘The Federal Arbitration Act LATORS. of certain provisions of the Biggert-Waters and Access to Justice: Will Recent Su- Section 1512(a) of the S.A.F.E. Mortgage Flood Insurance Reform Act of 2012, and for preme Court Decisions Undermine the Licensing Act of 2008 (12 U.S.C. 5111(a)) is other purposes. Rights of Consumers, Workers, and amended by inserting ‘‘or financial services’’ Mr. REID. Mr. President, I now ask before ‘‘industry’’. Small Businesses?’’ for a second reading en bloc, but I ob- The PRESIDING OFFICER. Without f ject to my own request en bloc. objection, it is so ordered. DANIEL K. INOUYE ASIA-PACIFIC The PRESIDING OFFICER. Objec- SELECT COMMITTEE ON INTELLIGENCE CENTER FOR SECURITY STUDIES tion having been heard, the bills will be Mr. CARDIN. Mr. President, I ask Mr. REID. Mr. President, I ask unan- read for the second time on the next unanimous consent that the Select imous consent that the Senate proceed legislative day. Committee on Intelligence be author- to the consideration of S. 1847. f ized to meet during the session of the The PRESIDING OFFICER. The Senate on December 17, 2013, at 2:30 clerk will report the bill by title. COURTHOUSE NAMINGS p.m. The assistant legislative clerk read Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without as follows: imous consent that the Environment objection, it is so ordered. A bill (S. 1847) to provide for the redesigna- and Public Works Committee be dis- SUBCOMMITTEE ON AFRICAN AFFAIRS tion of the Asia-Pacific Center for Security charged from further consideration of Mr. CARDIN. Mr. President, I ask Studies as the Daniel K. Inouye Asia-Pacific H.R. 2251 and that the Senate proceed unanimous consent that the Com- Center for Security Studies. to its consideration and the consider- mittee on the Foreign Relations be au- There being no objection, the Senate ation of H.R. 185 which was received thorized to meet during the session of proceeded to consider the bill. from the House and is at the desk. the Senate on December 17, 2013, at 2 Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without p.m., to hold a African Affairs sub- imous consent that the bill be read objection, it is so ordered. committee hearing entitled, ‘‘Respond- three times and passed, and the motion The Senate proceeded to consider the ing to the Humanitarian, Security and to reconsider be considered made and bills. Governance Crisis in the Central Africa laid upon the table, with no inter- Mr. REID. Mr. President, I ask unan- Republic.’’ vening action or debate. imous consent the bills be read three The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without times and passed en bloc, the motions objection, it is so ordered. objection, it is so ordered. to reconsider be considered made and

VerDate Mar 15 2010 01:25 Dec 18, 2013 Jkt 039060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\A17DE6.019 S17DEPT1 jbell on DSK7SPTVN1PROD with SENATE S8918 CONGRESSIONAL RECORD — SENATE December 17, 2013 laid upon the table, with no inter- reading, read the third time, and PROGRAM vening action or debate. passed. Mr. REID. Mr. President, votes are The PRESIDING OFFICER. Without possible throughout the day tomorrow. objection, it is so ordered. f Senators will be notified when they are f scheduled. ORDERS FOR WEDNESDAY, f EDWARD J. DEVITT UNITED DECEMBER 18, 2013 STATES COURTHOUSE AND FED- ADJOURNMENT UNTIL 10 A.M. Mr. REID. Mr. President, I ask unan- ERAL BUILDING TOMORROW imous consent that when the Senate The bill (H.R. 2251) to designate the completes its business today, it ad- Mr. REID. Mr. President, if there is United States courthouse and Federal journ until 10 a.m. on Wednesday, De- no further business to come before the building located at 118 South Mill cember 18, 2013; that following the Senate, I ask unanimous consent that Street, in Fergus Falls, Minnesota, as prayer and the pledge, the Journal of it adjourn under the previous order. the ‘‘Edward J. Devitt United States proceedings be approved to date, and There being no objection, the Senate, Courthouse and Federal Building,’’ was the time for the two leaders be re- at 7:29 p.m., adjourned until Wednes- ordered to a third reading, read the served for their use later in the day; day, December 18, 2013, at 10 a.m. third time, and passed. that following any leader remarks, the f f Senate resume consideration of the motion to concur in the House message NOMINATIONS PAUL BROWN UNITED STATES to accompany H.J. Res. 59, the bipar- Executive nomination received by COURTHOUSE tisan budget agreement, postcloture; the Senate: The bill (H.R. 185) to designate the further, that all time during the ad- PRIVACY AND CIVIL LIBERTIES OVERSIGHT United States courthouse located at 101 journment count postclouture on the BOARD East Pecan Street in Sherman, Texas, motion to concur. ELISEBETH COLLINS COOK, OF VIRGINIA, TO BE A MEM- as the ‘‘Paul Brown United States The PRESIDING OFFICER. Without BER OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD FOR A TERM EXPIRING JANUARY 29, 2020. (RE- Courthouse,’’ was ordered to a third objection, it is so ordered. APPOINTMENT)

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