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

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, WEDNESDAY, NOVEMBER 13, 2013 No. 161 Senate The Senate met at 10 a.m. and was and what we have focused on in recent tom-made medications for patients called to order by the President pro months is the problem we have with with unique health needs that cannot tempore (Mr. LEAHY). judges. be treated by off-the-shelf prescription Yesterday my friend did a remark- medicines. This practice is essential PRAYER ably good job in leading a precedent in- and can be critical for children, cancer The Chaplain, Dr. Barry C. Black, of- dicating the issues we have with the patients, and people with severe aller- fered the following prayer: DC Circuit, and I so appreciate his gies. Let us pray. leadership on this issue and all the The contaminated medicine mixed at Spirit of God, descend on our hearts, other issues on which the Judiciary the New England Compounding Center for apart from You life is a tale full of Committee works. It is too bad we can- was sent to scores of medical facilities sound and fury signifying nothing. not have the Judiciary Committee as it in 23 different States and given to May our Senators walk in Your ways, was in our earlier years in the Senate 14,000 patients. As I have indicated, 64 keeping Your precepts with such integ- where the productivity of that com- of them died and hundreds of those pa- rity that they will never be ashamed. mittee is not thwarted by not being tients were seriously ill. Lord, incline their hearts to Your wis- able to bring items to the floor. Recently a heart medication mixed dom, providing them with the under- The Judiciary Committee has a wide at the same pharmacy was linked to standing they need to accomplish Your range of jurisdiction over matters that the death of two young Nevada boys, purposes in our world. Let Your mercy are so important to our country, such ages 4 and 6, according to a lawsuit protect them from the dangers of this as our national security agencies and filed by their parents. life, as they learn to find delight in cyber security. There is a multitude of The New England Compounding Cen- Your commandments. Keep them ever issues the Judiciary Committee deals ter was skirting Federal regulations mindful of the fewness of their days with, and I wish we could be doing and manufacturing large batches of and the greatness of their work. more legislation on the floor which drugs for mass distribution in very un- We pray in Your great Name. Amen. comes from that committee. sanitary conditions. By avoiding the safety inspections required of large- f I wanted to extend my appreciation to the Senator for the good work he scale drug manufacturers, companies PLEDGE OF ALLEGIANCE has done, and I also want to send acco- such as this one can boost profits, but The President pro tempore led the lades to the people of Vermont for hav- in the process they risk lives. Pledge of Allegiance, as follows: ing this good man leading the Senate The legislation on the floor will end I pledge allegiance to the Flag of the in many different ways, not the least of that dangerous practice and ensure United States of America, and to the Repub- which is being the Senate President that patients have access to high-qual- lic for which it stands, one nation under God, pro tempore. ity custom medications. This is not a indivisible, with liberty and justice for all. f contentious issue. On the contrary, f this legislation has wide bipartisan DRUG SAFETY support—led by HARKIN and ALEX- RECOGNITION OF THE MAJORITY Mr. REID. Mr. President, the symp- ANDER—and would pass by a wide mar- LEADER toms of fungal meningitis can be very gin in mere moments if not for the The PRESIDENT pro tempore. The subtle at first: headaches, fever, even stall tactics by a few Republican Sen- majority leader is recognized. light can start bothering people, as ators. This bill has already been de- f well as neckaches and backaches. The layed for more than a month because of disease can also cause strokes, sei- these tactics, and Republicans con- THANKING THE PRESIDENT PRO zures, and even coma. tinue to insist on running out the TEMPORE Fungal meningitis led to the death of clock on this matter. Mr. REID. Mr. President, before the at least 64 unfortunate Americans As everyone knows, if all time is re- esteemed senior Senator from Vermont when they were injected with a con- quired on the procedural issues, we will leaves the floor, I want to say a few taminated medicine. The medicine—a not be able to finish the bill until this words. steroid injection used to heal back Sunday—that includes working Satur- I appreciate the guidance and leader- pain—was tainted by unsanitary condi- day—and the final 30 hours won’t run ship my friend has given over these tions from a facility that was out until sometime on Sunday. It is many years in leading the Judiciary masquerading as a compounding phar- time to dispense with this non- Committee. It is a committee where macy in Massachusetts. The true controversial measure—a measure that most all of the legislation is funneled, compounding pharmacies provide cus- will safeguard the lives of vulnerable

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

S7965

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.000 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7966 CONGRESSIONAL RECORD — SENATE November 13, 2013 Americans, people with back pain and chased on their own so the government ther would have been possible without other maladies—and move on to other could dump them into the ObamaCare it. important legislative priorities. exchanges. That way the government If the President had gone out and f could then get them to pay more to told people that if he likes your plan, subsidize coverage for everybody else. you can keep it—if the President had RECOGNITION OF THE MINORITY That is the way this was designed to said if he likes your plan, you can keep LEADER work. it—it would have never passed. That is The PRESIDING OFFICER (Mr. MAR- The 31-year-old dentist from Louis- why the President’s so-called apology KEY). The Republican leader is recog- ville whom I mentioned last week—the the other night rang so hollow for so nized. one who is not married, has no kids— many. f now has to carry pediatric dental care ObamaCare’s problems run so deep and the broken promises are so perva- HEALTH CARE on his plan. He is one of the unfortunate ones subsidizing care for every- sive that it is impossible to identify an Mr. MCCONNELL. Mr. President, one body else. ‘‘easy fix.’’ It truly ought to be re- of the favorite pastimes of politicians Despite the fact that the President pealed or delayed. But if the President in Washington is to talk about how and other supporters of the bill vowed is sorry for breaking his promise to the frustrated the American people are up and down that folks would be able American people, there is a natural with politicians in Washington. After to keep the health care plan they had place to start. He could support legisla- the past few weeks, it is easy to see and liked, the fact is that was never tion that would help restore the plans why. I am talking about the Presi- true. It was never true and they knew for the folks who want them back, and dent’s promise, repeated dozens of it. They knew folks would lose their he can act on it as early as this Friday. times, that if you like your health care coverage. They knew it all along. Just That is because the House is expected plan, you can keep it, and the sobering as the President once famously pre- to send over a bill that would allow realization by literally millions of dicted that utility rates would nec- Americans to keep the plans they have Americans is that it was not true. essarily skyrocket as a result of his and want to keep. There is no reason Some of the top fact checkers in the cap-and-trade policy, so too would the President and Senate Democrats country have used terms such as health care rates skyrocket under should not join Republicans and the ‘‘pants on fire’’ and ‘‘false’’ and ‘‘four ObamaCare. The only difference is that American people in supporting it. Pinocchios’’ to describe the claim that on health care, Democrats apparently This does not have to be a partisan battle. These cancellations have not under ObamaCare folks would be able knew they could not tell people how it discriminated based on party. The peo- to keep their plans. would all shake out in the end, but ple out there who are frustrated and In a matter of weeks, it has gone they knew. That is why in 2010 every upset at losing their health care plans from being one of the law’s top selling Democrat who was in the Senate voted are Democrats and Republicans. The points to a national punchline. If mil- against a Republican proposal designed President can help all of them by back- lions of people were not so frustrated to hold the President to his word. ing the bill the House is expected to and upset by it, it might actually be The fact is the President’s health pass on Friday. funny, but it is not the least bit funny. care law was designed to capture mil- At this stage about 50,000 folks are I think that is basically what Presi- lions of middle-class Americans, jack dent Clinton was suggesting yesterday believed to have signed up for insur- up their premiums, and use the extra ance on the Federal exchange—way when he said the President should cash to keep ObamaCare afloat. This is honor the commitment the government below administration estimates. That not some unforeseen consequence of is 50,000 folks who have signed up for made to these folks, even—even, said the law, it is the law. It is working just Bill Clinton—if it means changing the insurance on the exchange, while 3.5 as they designed it—just like what million Americans have lost their law. they voted for. I have had a lot of disagreements health care coverage. In other words, It is hard to take seriously this faux with President Clinton over the years. about twice as many folks have lost outrage we have seen of late from some But at key moments he was willing to their insurance in the State of Idaho of our Democratic friends. As for the cross party lines, and I think here is a alone since October 1 as have obtained President, this should be no great rev- moment where the American people health insurance across the entire Fed- elation to him either. Just the other are expecting President Obama to do eral exchange all across America. So day the media pointed out that the ad- the same. Allowing Americans to keep this is a real crisis. ministration knew for years that their health plans is a promise Demo- In my home State of Kentucky, over Americans would lose coverage. crats made over and over. a quarter of a million people have lost But there is something else. Whether or not they meant it, Demo- their private health care plan so far At a bipartisan health care summit crats promised this to the American and only about 7,000 Kentuckians have in 2010, the President was asked di- people, and it is their duty to make been able to obtain new private insur- rectly about this kind of thing by good on what they said. Once the House ance under ObamaCare. If you consider House Majority Leader CANTOR. In acts, my conference will be watching that Kentucky received $250 million in reply, the President admitted that 8 closely to see whether the Senate taxpayer funds to get ObamaCare up million to 9 million would have to Democratic majority allows a vote and and running, that works out to about change coverage and justified it on will help us send a bill to the Presi- $35,000 per private insurance enrollee, grounds they would be getting better dent’s desk. The American people will and that is before the taxpayer sub- coverage from the government once be watching closely as well. sidies kick in. they lost it. So the President actually So my message to the President is We have literally thrown untold mil- admitted during that event that mil- simple: Mr. President, our constituents lions at this disastrous rollout, and lions would lose their health care and are frustrated and they are upset. You what do we have to show for it? Mil- still went out on the campaign trail could help. Do the right thing. lions of people losing their coverage de- claiming Americans could keep the f spite assurances from the President health care plans they had. they would be able to keep it. He said This is why Americans feel so hurt CONGRATULATING FORD MOTOR they would be able to keep it, period. by this particular broken promise. And COMPANY That is what the President said. what many of them want to know is Mr. MCCONNELL. Mr. President, Let’s be very clear about something. why would Washington Democrats per- Ford Motor Company has a proud 100- These insurance cancellations are not sist with it even after it became clear year history of manufacturing in Ken- any kind of an accident. This is no ac- it was false? tucky. Today the company announces cident. It is the way the law was de- I think the reasons are simple a new model to be constructed in its signed. Remember, in order for enough. One, they needed to pass the Louisville assembly plant, further em- ObamaCare to work, millions of Ameri- ObamaCare bill; and, two, they needed ploying yet another generation of Ken- cans had to lose the coverage they pur- to sell it to a skeptical public. And nei- tuckians.

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.003 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7967 I congratulate Ford on this develop- training and education programs em- To address this issue while not in- ment and applaud its continued excel- ployers need so we can get more Ameri- creasing Federal spending, the AMER- lence in manufacturing in the Com- cans into these good-paying, skilled ICA Works Act modifies the Workforce monwealth of Kentucky. jobs. Investment Act, Perkins Career and I yield the floor. Last month my friend, Senator DEAN Technical Education, and Trade Ad- f HELLER, and I introduced the Skills justment Assistance to prioritize the Gap Strategy Act. This directs the De- credentials that employers need now. RESERVATION OF LEADER TIME partment of Labor to develop a goal- The improvements made in this bill The PRESIDING OFFICER. Under oriented strategy to address our skills benefit both workers and employers, as the previous order, the leadership time gap challenges. In order for every Hoo- workers would know that the time is reserved. sier who wants a job to have a job, and they spend training is more likely to for Indiana’s economy to continue to lead to employment in a good-paying f grow, we must train Hoosiers for the job, and employers would know that it MORNING BUSINESS jobs that are available right now. is more likely that the people they hire The PRESIDING OFFICER. Under Our bill examines how we can better would have the training they need to the previous order, the Senate will be use existing resources to prioritize get the job done on day one. in a period of morning business for 1 training and education programs and The Department of Labor estimates hour, with Senators permitted to speak prepare our workforce to hit the there are nearly 4 million job openings therein for up to 10 minutes each, with ground running on day one. in the United States, despite an unem- the time equally divided and controlled The Skills Gap Strategy Act requires ployment rate that is still over 7 per- between the two leaders or their des- the Department of Labor to provide cent and despite millions of Americans ignees, with the majority controlling recommendations on: increasing on- looking for work. Now is the time to the first half. the-job training and apprenticeship op- get to work on these jobs and match The Senator from Indiana. portunities, helping employers partici- these people up with the job opportuni- pate more in education and workforce ties that are available out there. That f training, and identifying and is the most important thing we can be CONGRATULATING SENATOR prioritizing in-demand credentials in doing. MCCONNELL existing and emerging industries. When Americans are working, we are When completing this report, we call a stronger nation. The Manufacturing Mr. DONNELLY. Mr. President, I on the Department to consider: specific Jobs for America effort to pass bipar- would like to congratulate my friend labor barriers contributing to the tisan legislation that everyone can buy from Kentucky on Ford’s expansion skills gap; policies that have proven into that helps manufacturers and there. We have a proud auto building successful in key industries, regions, workers is one important way we can history in Indiana as well. We are ex- and countries where employers play a move the ball ahead. traordinarily proud of all the different larger role in education and workforce I yield back the remainder of my folks who help make our country run, training; and ways to better utilize time. who help make our cars go, and in Indi- Registered Apprenticeship and other I suggest the absence of a quorum. ana it is part of who we are. It is great workforce development programs. The PRESIDING OFFICER. The to see expansion in Kentucky as well. We are also asking the Department of clerk will call the roll. f Labor to develop plans with the De- The legislative clerk proceeded to partments of Commerce and Education MANUFACTURING JOBS FOR call the roll. to align education with industry and AMERICA Mr. MARKEY. Madam President, I enhance employer participation in K ask unanimous consent that the order Mr. DONNELLY. Mr. President, I am through 12 and career and technical for the quorum call be rescinded. here today to discuss the most impor- education programs, to increase The PRESIDING OFFICER (Ms. tant issue facing Hoosiers—and all preapprenticeship and college credit HEITKAMP.) Without objection, it is so Americans—and that is getting a good courses in secondary schools, and to ordered. job. improve school-to-work transitions and Mr. MARKEY. Madam President, I Good jobs allow us to provide for our connections. ask unanimous consent to speak for up loved ones, educate our children, and I am a strong believer in being fis- to 10 minutes as in morning business. ultimately retire with dignity. Good cally responsible with Hoosier taxpayer The PRESIDING OFFICER. The Sen- jobs are also critical for strong commu- dollars. That is why our bill asks the ator is recognized. nities and a vibrant economy. That is Department of Labor to focus on these f why I am proud to be part of the group solutions that use existing resources, of Senators working on Manufacturing existing programs, and existing per- DRUG QUALITY AND SECURITY Jobs for America. It is an effort to sonnel—not new programs or new ACT refocus the Senate on helping busi- spending. Mr. MARKEY. Madam President, I nesses create jobs and helping commu- Closing the skills gap requires par- wish to begin by thanking Chairman nities pursue economic development in ticipation from individual workers, the HARKIN, Ranking Member ALEXANDER, the area of manufacturing. education community, and employers. Senators FRANKEN and ROBERTS, and This effort is aimed at building bipar- But we have the ability to help, and a all of their staffs for their tremendous tisan support for modernizing the man- specific plan should be in place to do leadership on this bill. This bill was ufacturing sector, increasing access to just that. also developed in concert with our capital, strengthening our workforce, Also a part of the Manufacturing counterparts in the House of Rep- and creating the conditions necessary Jobs for America effort is another bill resentatives. I extend my thanks to for American manufacturers to grow I am proud to support that focuses on ranking member HENRY WAXMAN and and create jobs. closing the skills gap. Introduced by chairman FRED UPTON and their staffs I have two bills as a part of this ef- Senators HAGAN, HELLER, and myself, of the Energy and Commerce Com- fort, the Skills Gap Strategy Act and the AMERICA Works Act modifies ex- mittee. What we have now is a bipar- the AMERICA Works Act. Both of isting Federal training programs so tisan, bicameral bill that addresses two them are focused on closing the skills that they place a priority on programs very serious issues: the safety of com- gap. There are an estimated 600,000 and certifications that are recognized pounded drugs and the security of our manufacturing jobs that are unfilled and demanded by industry. entire drug supply. across our country in part because em- I have heard time after time from Last fall an outbreak of fungal men- ployers cannot find workers with the Hoosier business owners and educators ingitis stunned the Nation and thus far skills they need to fill these open jobs. and workers about the pressing need to has claimed the lives of 64 people and We need to match up unemployed or close the skills gap and to get more has sickened 751 in 20 States. This issue underemployed Americans with the people to work. hits home for me because it started in

VerDate Mar 15 2010 00:46 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.005 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7968 CONGRESSIONAL RECORD — SENATE November 13, 2013 Massachusetts. At the center of this pestle compounders of yesteryear on pounded drugs without individual pre- tragedy was the New England the corner near your home. They are scriptions. It places limits on the types Compounding Center, also known as not on Main Street, and they do most and quality of ingredients that can be NECC. It is located in Framingham, of their business out of site and under used to compound drugs. It ensures MA. I met some of the victims of this the FDA’s radar. that drugs removed for the market for terrible outbreak and heard about their In 1997 Congress passed a law to de- safety and effectiveness reasons are not struggles, people like Jerry Cohen, a fine FDA’s role in the oversight of compounded. The bill requires report- resident of Pikesville, MD, who went to compounding pharmacies, but just 2 ing of adverse events, such as patient the doctor for routine steroid injec- days before the new law was to take ef- sickness or hospitalizations that could tions to treat recurring back pain and fect seven compounding pharmacies be caused by compounding pharmacies received two doses that came from the sued to block its enactment. Since that are registered with the FDA. It contaminated lots. Jerry suffered a then, the law and the FDA’s authority provides more information on the label stroke and had to adjust to a new life, to regulate compounding pharmacies of compounded drugs, including identi- dealing with dizziness, nausea, weak- have been mired in litigation and un- fication of the drug as being com- ness, and exhaustion. Melanie Nor- certainty. The result is that oversight pounded—the first time ever that this wood’s mother Marjorie went into a of even large-scale drug manufacturers, information will be required. Tennessee hospital to treat an acute such as NECC, has been largely rel- Because of this bill, for the first time back injury she suffered while mowing egated to the States. ever, the FDA will know who these the lawn. Instead of walking out of the How are the States doing their job? large sterile compounding entities are hospital, Marjorie became severely Well, last April I issued an investiga- and what they are making. The FDA sick, spent months in the hospital and tive report that took a deep look at will be given the resources it needs to a nursing home, and now has perma- how States actually oversee and govern conduct inspections of those facilities. nent nerve damage and medical bills the activities of compounding phar- For the first time ever, hospitals and that are close to putting her into bank- macies. What I found was a regulatory health care facilities will have the op- ruptcy. state of disarray. My investigation tion of purchasing compounded drugs For the last decade complaints about found that nationwide most State reg- that are subject to rigorous FDA qual- sterility, safety, lack of valid prescrip- ulators did not look at the safety of ity standards and oversight. Because tions, and mass production of drugs compounding pharmacies. They do not this bill removes the legal ambiguities have been lodged against NECC. Yet make all their activities and investiga- of existing law, compounding phar- the company was allowed to continue tions public. Some of them did not macies will no longer fly under the operating largely unchecked, falling even know how many compounding radar. This bill will go a long way in between the regulatory checks that pharmacies exist in their State, and ensuring that public health is pro- exist between Federal oversight of drug States typically are not equipped to tected and compounded drugs are safe. manufacturers and State oversight of regulate the safety of large companies I specifically thank Chairman HAR- pharmacies. shipping massive quantities of drugs KIN and his staff for including in this Sadly, NECC was not an isolated in- outside their own borders into States bill a provision that I authored requir- stance. Almost a year ago I issued a re- all across our country. ing the GAO to examine whether port detailing more than a decade of Since the NECC outbreak, some States and Federal authorities are violations and problems at States have made efforts to improve doing their jobs to properly ensure the compounding pharmacies all across our their regulations and guidelines over safety of compounded drugs. Congress needs to continue to keep a Nation. Contaminated IV solutions, compounding pharmacies, but the re- close eye on the FDA and this industry, tainted steroid injections, and fouled sults are not consistent. Within the holding them accountable for their new last month my home State of Massa- eyedrops permanently impacted thou- responsibilities. This study will assist chusetts passed through its house and sands of patients’ lives across this us in carrying out effective oversight senate a bill that I am proud to say country and killed or injured dozens of this new law. We need to ensure that will put in place the strongest State across 34 States. The New England a tragedy like the NECC meningitis regulations in the country overseeing Compounding Center, like many large outbreak is never repeated. compounding facilities, fell into a reg- the compounding pharmacy industry. With the passage of the Drug Safety ulatory black hole. That is because However, while Massachusetts has be- and Security Act, today we have a there are two kinds of compounding come a national leader in the oversight clear example of what Congress can ac- pharmacies: the neighborhood phar- of compounding pharmacies in the complish when both sides come to- macist you have known and trusted for aftermath of what happened at NECC, gether in a bipartisan fashion. We can years and the large drug manufacturers this does little to protect the residents protect the public, we can hold indus- operating in the shadows that have of other States. It cannot protect resi- try to high but achievable standards, slipped through the regulatory cracks. dents of Massachusetts from drugs that and we can support small businesses Traditional compounding pharmacies are shipped in from other States that that have been doing the right thing make custom medication that fits the do not have strong safety standards in for years. needs of an individual patient, such as place. This is a very important, historic creating a liquid medication instead of The Drug Safety and Security Act in piece of legislation. It goes right to the a pill for an elderly patient or a child front of us today helps to solve that heart of what Congress can do to make because it is easier to swallow. We are problem by creating for the first time a sure that when drugs are in interstate familiar with that corner-store phar- national and uniform set of rules for commerce, we are protecting people so macist who does that for a patient. compounding pharmacies that wish to that the health of their families is, in These pharmacies are an important register with the FDA and be subject fact, being protected. That is the es- tool in our medical arsenal and have to FDA oversight and enforcement. sence of what Congress should be historically fallen under the jurisdic- The bill also provides transparency by doing. tion of the States. They are the corner requiring the FDA to publish a list of It is a very good day when Congress pharmacies that people grew up with. the name and location of registered fa- is working to protect the people of our They are the corner pharmacies that cilities that are compounding drugs in country. Today is one of those days. people trust. large quantities without a prescription. Throughout the course of this week we But there has been a recent dis- The Drug Safety and Security Act also are going to have a discussion about turbing trend of larger compounding mirrors several concepts from the the role the Federal Government has to pharmacies entering the market, mak- VALID Compounding Act of 2013, legis- play in ensuring that the drugs which ing high-risk drugs sold to hospitals lation which I introduced in the House families in our country use are, in fact, and clinics throughout the country. of Representatives. The bill distin- safe for their consumption, that the These compounding facilities are oper- guishes between compounders engaging representations that are made to those ating more as modern-day drug manu- in traditional pharmacy work and families are accurate. We cannot ac- facturers rather than the mortar-and- those making large volumes of com- cept a rollback of the protections,

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.007 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7969 which did happen in this area. That ex- signing up, not 500,000 people. We have Over and over again, that is not the posed families to the kinds of risks millions of people losing their plans, case. The largest insurer on the Mis- that generations ago were common even though everybody was told that if souri exchange, on the exchange that within our country. It is a big day. It is they like their plan, they will be able Missouri voters have access to, doesn’t a historic piece of legislation. I urge its to keep their plan. include the largest hospital system. unanimous passage through this body. It is estimated now that 7 million That means thousands of patients I yield the floor and suggest the ab- people were expected to get coverage won’t be able to see the doctors or to sence of a quorum. by the end of March. Nobody, any go to the 13 hospitals of the largest The PRESIDING OFFICER. The longer, thinks that is a number that health care system from the company clerk will call the roll. will come anywhere close to being that was their likely provider. This The legislative clerk proceeded to achieved. was the largest insurer—and as of this call the roll. The American people, obviously, moment, the largest insurer in our Mr. BLUNT. I ask unanimous consent would like the President to figure out State, the largest health care system— that the order for the quorum call be how to live up to the promise that peo- not part of their plan. Your insurance rescinded. ple can keep the health care they have company, hospital, long-time doctor, The PRESIDING OFFICER. Without if they like it. A lot of people are all should be your choice, not the objection, it is so ordered. weighing in. choice of some government-dictated President Clinton, in the last day or f health care plan. With only one other so, says we ought to figure out a way insurer selling policies in the region AFFORDABLE CARE ACT to keep the promise. This is not a real where this big hospital system is, peo- reach. This was not a promise made Mr. BLUNT. It has been less than 6 ple aren’t going to be able to go there. weeks since the President’s health care only one time and accidentally stated, Many States have this same problem. initiative, the Affordable Care Act, was this was a promise stated over and over Many States have options that don’t launched. The Web site is still not again: If you like your health care include many of their hospitals or working, but the Web site will work. plan, you can keep it. If you like your many of their health care providers. Actually, the Web site will be the easi- doctor, you can keep your doctor. People are beginning to look at this est thing, in my view, that the admin- We are finding that is not true. and not only be concerned about a vio- istration will deal with as they try to Whether it is President Clinton who lated pledge, but being concerned about solve the problems created by the act said we should figure out how to keep somebody besides them interfering itself and, frankly, then the problems that promise, or there are all kinds of with a long-term relationship with the that were created by the Web site not bills being filed in both the House and hospital people go to and the doctor working when we started. the Senate that would keep the prom- What we see happening already in ise, what I think we are going to find they see. Patients across the country these 6 weeks is that families are los- out is there are many promises in the are seeing and are likely to continue to ing their current health care coverage, Affordable Care Act that aren’t going see narrower and narrower networks and certainly the cost, in example after to be kept. available to them as insurers will try example from my State of Missouri and We already know this has a work- to keep costs down. across the country, appears to be going place impact that is not good. People With all of the new mandates in the up at substantial levels for many fami- are going from full time to part time. law, one of the things they can control People are trying to keep their em- lies. A few families are lucky enough is they can negotiate with the people ployee numbers under 50 so they don’t that they don’t have much additional who would be available to see patients have to comply with the law. I have cost but not very many. A lot of fami- under their plan. That is obviously heard from many Missourians who lies are simply losing the coverage what has happened. have seen their hours reduced, seen they have had even though the Presi- Smaller networks can require pa- their health care premiums rise, seen dent said, as we all have been reminded tients to travel farther. People are their options of insurance limited and over and over in recent days: If you driving by the doctor’s office that they their policies being cancelled. They de- like your health care plan, you can went to for years to get to the doctor serve to have the people who made this keep your health care plan. they now have to go to. People are pledge now keep this pledge. Apparently, there are a whole lot of passing by the hospital that their fam- Congressional Democrats voted for ily may have gone to for generations to caveats on that that weren’t said at the law. And there are very few laws the time, because people aren’t able to get to the hospital that now is the only one could say congressional Democrats hospital available in their area, avail- keep their health care plan. The Asso- voted for the law. This is a law that ciated Press reported that at least 3.5 able under the exchange. This is going not a single Republican in the House or to become the routine for Americans million people have received cancella- the Senate supported. who aren’t going to be able to keep the tion notices. I heard somebody at the There were many alternatives avail- insurance they like. They are not going White House the other day say: These able. High-risk pools would work bet- individual policies, that is only about 5 ter, medical liability reform, expand- to be able to keep the doctor they like, percent of all the people in the coun- ing the marketplace where one could and in many cases they won’t be able try. Five percent of all of the people in buy across State lines, more reporting to go to the hospital they like. the country are millions and millions by healthcare providers of what they Last week I told stories of several of people. Even if there weren’t mil- charge and what their results are. Missourians who had preexisting condi- lions of people, if someone is one of the The idea that there were no other options and are going to lose those poli- 3.5 million families who were recently tions, which is widely repeated—that cies when the Missouri high-risk pool told their health care policy was can- the people who don’t want to follow the goes out of existence. celled—100 percent of their health care Affordable Care Act don’t want to do Another thing we suggested in 2009 policies were cancelled because they anything—is simply not true. When I was to look for ways to expand the don’t have one right now—or at least was a Member of the House of Rep- high-risk pools and make them work they were told they won’t have one resentatives, I filed a handful of bills, even better. They were working pretty sometime between now and the end of none of which were more than 75 pages well. The problem was there was al- the year. long, that would deal with these ways a waiting list to get into the As millions of people are losing their rifleshot things that would have made high-risk pool. This was a way to deal plans, we find out that only a few thou- the best health care system in the with preexisting conditions. In a State sand people are signed up. Reports ap- world better. It wasn’t perfect, but it such as ours where 4,300 people are in parently show that fewer than 50,000 was the best health care system in the the high-risk pool, they pay about 135 people have been able to successfully world, and I think we are in danger of percent of the normal premium. That get through this system in 6 weeks, a losing that. is a little more than the normal pre- period where the estimate was 500,000 The President promised: If you like mium, but they are getting insurance people. So far we have 50,000 people your doctor, you can keep your doctor. after they got sick. This is a high-risk

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.008 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7970 CONGRESSIONAL RECORD — SENATE November 13, 2013 pool where that has to work, 135 per- are not nearly as limited as we would level system over the next decade that cent. For somebody who didn’t have in- hope they would be. People are finding will increase the security and ensure a surance until they got sick or lost out that the Affordable Care Act that safer pharmaceutical drug supply chain their insurance after they got sick, wasn’t good for the workplace is now from manufacturers all the way to dis- that was probably a whole lot better turning out to be not very good for pensers. This legislation will require than they are going to do right now. health care. trading partners to be authorized to They are finding out it is a whole lot I yield the floor. pass and receive information as part of better than they are going to do right The PRESIDING OFFICER. The Sen- their transactions. It raises the whole- now. ator from North Carolina. sale distribution licensing standard. It One of the stories we received this f establishes licensure standards for week was from Pam in Oronogo, MO, third-party logistics providers and re- DRUG QUALITY AND SECURITY just outside of Joplin. Pam says her quires suspect and illegitimate prod- ACT oldest son Aaron was born with a med- ucts to be appropriately handled. ical condition where there was a build- Mr. BURR. We have heard about hor- I would like to thank Chairman HAR- up of fluid inside his skull. He had his ror stories. I want to talk about an- KIN and Ranking Member ALEXANDER first shunt surgery at age 18 months. other one, the bill that is in front of for their leadership on this very impor- Her family has a family business and the Senate today, the Drug Quality and tant bipartisan bill. I especially would held onto their insurance through the Security Act. like to recognize Senator BENNET, who business as long as they could, because The Senate has an important oppor- has been a strong partner throughout they knew that no one would insure tunity to advance balanced bipartisan the crafting of this legislation. For Aaron if they lost their insurance. legislation on behalf of our Nation’s more than 1 year we have worked to- That is obviously not a reason we patients. The Drug Quality and Secu- gether on this bipartisan legislation would want to see perpetuated. rity Act will respond to the tragic with our colleagues and have finally Aaron, however, was ready to go to events surrounding last year’s menin- achieved an important balance with the high-risk pool. After 10 years, their gitis outbreak and will strengthen and this bill. premiums had increased to $2,000 a improve our national pharmaceutical I might add we were told this month with a $10,000 deductible. They supply chain. Last year’s unfortunate couldn’t be done. We were told this was were able to get Aaron in the high-risk compounding meningitis outbreak has too difficult. But for 11⁄2 years we have pool and they were reasonably com- reminded us that had the early warn- tackled this objective. Congress has fortable with that. ing signs been heeded, we might have the opportunity to proactively put in With the elimination of the high-risk been able to prevent or mitigate the place uniform, workable standards that pool—all of which close December 31 in crisis in the first place. will allow stakeholders greater regu- every State in the country—Pam and In light of what Congress has learned latory certainty and give patients the her family have to go to the exchange since the outbreak first occurred last confidence they deserve in the safety for Aaron. The exchange has to take fall, this bipartisan legislation includes and security of our Nation’s pharma- Aaron, because he can get into the ex- provisions that respond to and take a ceutical drug supply chain. change. big step toward addressing the issues Congress’s opportunities are twofold The PRESIDING OFFICER. The time which led to the unfortunate pharma- because this legislation is also our of the Senator has expired. ceutical compounding tragedy over 1 chance to respond to a crisis that im- Mr. BLUNT. I ask unanimous consent year ago. pacted the lives of hundreds of patients for 2 additional minutes. America’s patients expect and de- nationwide, and I hope my colleagues The PRESIDING OFFICER. Without serve the peace of mind that medicines will join me in supporting the Drug objection, it is so ordered. they take are safe and effective. FDA’s Quality and Security Act. Mr. BLUNT. He can get into the ex- repeated warnings of counterfeited HEALTH CARE change even if he had a preexisting drugs making their way into our pre- To follow up the conversations on to- condition. What they found in the ex- scription drug supply chain and the in- day’s bill, I listened to my good friend change is Aaron can no longer use his creased number of pharmaceutical Senator BLUNT talk about Aaron, one neurosurgeon from Kansas City, the thefts are the early warning signs of a of those Americans caught in the cross- surgeon he has used for years now. potential and growing threat that hairs of the Affordable Care Act and its They can’t buy a catastrophic policy could significantly compromise or en- unintended consequences. I was home that would allow them to have some danger the health and well-being of pa- this weekend and I was stopped by five choice and pay some upfront costs on tients across our Nation. individuals—five individuals—with their own so they could have the doc- In recent years, States have re- practically the identical story. They tor they are comfortable with. This is sponded by putting new requirements came up and said: RICHARD, I was cov- where they are. The insurance they had in place. At a time when we should be ered. I had insurance. I have no pre- has gone away. The insurance they working to lower the cost of health existing conditions, nor does anybody have doesn’t allow them to see the doc- care, this increasing patchwork of in my family. I had a $10,000 deductible tor this young man has seen for years State and regulatory requirements is, insurance policy that cost me about with a condition he has had his whole instead, driving up the cost of health $450 a month, and I had the security of life. care in America. knowing it was there. I just got my The President also promised that For more than 1 year I have worked new notice and my insurance went to a premiums would decrease, and that is with Senator MICHAEL BENNET and my $15,000 deductible and my monthly pre- clearly not the case. colleagues on the Senate Health, Edu- mium is $1,440. These are five individ- I look forward to Missourians con- cation, Labor and Pensions Committee uals—five different families—but with tinuing to let us know the challenges on bipartisan legislation to address a similar story. they are having. I look forward to these problems and to strengthen the I think of the yearlong debate we had being able to share those on the floor safety, security, and accountability of on the Affordable Care Act and the of the Senate in the next few weeks. our Nation’s pharmaceutical drug sup- claims that were made: reduced pre- One of my constituents from Inde- ply chain. miums, bring down health care costs, pendence discovered when his wife The Drug Quality and Security Act, provide coverage for those who don’t came home, their policy which has which we have before us today, in- have it. Today what do we see? Today’s been costing $500 a month now is going cludes provisions that will establish snapshot, and this may change: dys- to cost $1,100 a month. She is the office strong, uniform prescription drug-trac- functional Web site, 5 million people manager of an office with about 20 em- ing standards that reflect today’s reali- who have been notified they have lost ployees. Their insurance more than ties and ensure a safer and more secure their insurance, a very tepid enroll- doubled. pharmaceutical drug supply chain. ment of individuals, and what has got- Unfortunately, these aren’t the only The Drug Quality and Security Act ten lost in reality is that there are cases I could talk about today. They establishes a uniform electronic unit- hundreds of thousands of Americans

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.010 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7971 just like the five who came up to me Having spent the previous 4 days in agree with President Clinton. Regard- this weekend. They are still getting in- Indiana listening to Hoosiers, it is less of whether you support surance, but their deductible went up clear to me many people in my State— ObamaCare, there should be 100 percent to $15,000 and their premium went up to and as I am reading, nationwide—are bipartisan support for letting Ameri- $1,440 a month. pretty fed up with Washington right cans keep what they have been prom- Tell me, where in that scenario is now, and they have good reason to be. ised—that they can keep their existing this affordable? Tell me, where in this They are frustrated because the prom- health care insurance plans if they like process did they get a better plan than ises that were made to them are being them. they had before? Their deductible went broken and outright guarantees have It is time to acknowledge, however, up $5,000. That means the first $15,000 been disregarded. as Senate minority leader MITCH of their health care is coming right out President Obama, both before and MCCONNELL said yesterday, that it goes of their pocket and they are paying after his signature legislation—now beyond this; that the Affordable Care $1,440 a month to have the security of called ObamaCare—passed, promised Act is beyond repair. This disastrous knowing there is insurance after that. all Americans they could keep their law needs to be repealed and replaced Clearly, these are five Americans health insurance plans if they liked with real reforms that drive down the who would tell me this falls woefully those plans. It was a promise repeated cost of health care, increase the qual- short of the promises made to them. I over and over again. For many Ameri- ity of care, and put patients, not Wash- would be willing to bet in every State, cans it was the sole reason they sup- ington bureaucrats, in charge of their in every House district around the ported the Affordable Care Act. But the health care decisions. country, we are going to continue to President’s guarantee, announced pub- Unfortunately, this President and hear stories about this. licly by him several times, simply was Senate Democrats have made it clear We will, I am sure, debate heavily not true. they will never allow a full repeal to where we move to from here. But don’t In recent months, millions of Ameri- pass, despite all the broken promises to forget that under this bill, now that we cans have received notifications their the American people and despite the have extended the enrollment period to plans are being canceled because of the fact the law simply isn’t working. March 31, under the law every insurer ObamaCare law, and reports indicate Given this reality, the appropriate who bids to be in the exchange, start- now the White House has known this step, I believe, and one with growing, ing April 1 of next year through April for over 3 years—that these cancella- bipartisan support is for a 1-year delay 27, has to submit their bids for 2015. Let tions were coming. So when the Amer- of the implementation of ObamaCare. me repeat that. For every insurer that ican people found out the White House I have offered a bill to delay the indi- wants to be in the exchange, starting knew the bad news was coming all vidual mandate—to join with the deci- April 1 of next year through April 27, along, they were, to put it mildly, not sion already made by the President to they will have to submit their pre- happy. have a 1-year delay of the employer mium bids for 2015. They are going to It is clear that some of those who mandate—so all Americans can have do that having no experience with the voted for ObamaCare and continued to the same relief, not just business. By pool of insured lives because we have support it are now agreeing with the delaying the mandates—all the man- extended until March 31 the enroll- majority of Americans that the Presi- dates in this health care law—we can ment. That assumes the Web site gets dent’s health care law simply is not give the American people a funda- fixed and that people are going to en- working. One such Member has floated mental choice when they go to the roll. With little actuarial history, the idea of having the Government Ac- polls in 2014: continue ObamaCare or these insurance companies are going to replace it with sensible, affordable re- have to bid for 2015. Imagine what the countability Office and the inspector general for the Department of Health forms that drive down the cost of care, premium cost is going to be in 2015 increase the quality, and, most impor- when it is not 5 percent of the Amer- and Human Services conduct ‘‘a complete, thorough investigation to deter- tant, put patients, not Washington bu- ican people now in the exchange but it reaucrats, in control of their health is 100 percent—it is all the employers mine the causes of the design and implementation failures of HealthCare care decisions and their health future. that are impacted by 2015 prices. In closing, I would say this to the I have always been taught there are .gov.’’ We need to talk about the funda- President: Your word needs to be your signs you should pay attention to. bond. As Albert Einstein once said: When five people come to you and say: mental policies and provisions that undermine this law going forward. Whoever is careless with the truth in Listen, my deductible went from $10,000 small matters cannot be trusted with to $15,000 and my premium went from Fixing the Web site, if that happens— it can happen and eventually it would important matters. $450 to $1,440, that is a warning sign. I yield the floor, and I suggest the ab- We ought to listen to it. have to happen—is not the real problem. The real problem is a flawed de- sence of a quorum. We still have a chance to fix this. The PRESIDING OFFICER. The sign. Two Democrats have introduced a Most important, as Senator BLUNT clerk will call the roll. talked about, it means when you have bill entitled ‘‘Keeping the Affordable The assistant legislative clerk pro- a high-risk pool in Missouri and North Care Act Promise Act.’’ ceeded to call the roll. Carolina, you let them keep the high- A House Democrat recently stated, Ms. WARREN. Madam President, I risk pool. We can manage it much bet- ‘‘I think the President was grossly mis- ask unanimous consent that the order ter on a State level than we can in na- leading to the American public’’ when for the quorum call be rescinded. tionalizing and doing top-down health he promised Americans they could The PRESIDING OFFICER. Without care in this country. keep their health care coverage if they objection, it is so ordered. This will not be the end of the con- liked it. Even former President Bill Ms. WARREN. Madam President, I versation on the Affordable Care Act. Clinton has said he thinks the Presi- ask unanimous consent to speak as if The American people deserve better dent’s pledge to allow Americans to in morning business. and this Congress must produce it. keep their coverage should be honored. The PRESIDING OFFICER. Without I yield the floor. In an interview this week, former objection, it is so ordered. The PRESIDING OFFICER. The Sen- President Clinton said: f ator from Indiana. So I personally believe, even if it takes a Mr. COATS. Madam President, there change in the law, the President should NOMINATIONS is an old expression used by many Hoo- honor the commitment that the Federal Ms. WARREN. Madam President, it siers and others across America that is Government made to those people and let hasn’t been even a month since the end time tested: Your word is your bond. In them keep what they got. of the Republican shutdown of the gov- Indiana, as in so many other places There is a growing admission from ernment, and they are already back at across our country, we value honesty the supporters of ObamaCare that we trying to paralyze the government and good old-fashioned truth-telling, are dealing with more than just a Web again. even if it hurts a little bit to hear the site glitch; that we are dealing with Yesterday, the Republicans blocked truth. fundamental policy design flaws. So I an up-or-down vote on the nomination

VerDate Mar 15 2010 00:46 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.012 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7972 CONGRESSIONAL RECORD — SENATE November 13, 2013 of Nina Pillard to the DC Circuit Court under the Roberts court. Follow this judges to overturn those laws or their of Appeals. This filibuster comes just 1 procorporate trend to its logical con- associated regulations just because week after Republicans filibustered the clusion, and pretty soon you will have they don’t fit the judges’ policy pref- nomination of Patricia Millett to the a Supreme Court that is a wholly erences. DC Circuit, and less than 1 year after owned subsidiary of big business. There are three vacancies on the DC Republicans filibustered Caitlin The powerful interests that work to Circuit, and the President has nomi- Halligan, who eventually just gave up rig the Supreme Court also want to rig nated three impressive people to fill and withdrew her nomination. the lower courts. The DC Circuit is a those vacancies—including Patricia Republicans now hold the dubious particular target because that court Millett and Nina Pillard. These nomi- distinction of having filibustered all has the power to overturn agency regu- nees are not ideological. They have ex- three women that President Obama lations. If a business doesn’t like it traordinary legal resumes and have renominated to the DC Circuit. Collec- when the agencies implement the will ceived bipartisan support from top liti- tively, these women have diverse expe- of Congress, they try to undermine gators around the country. They are riences in private practice, in govern- those agencies through the DC Circuit. among the top legal minds of this gen- ment, and in public interest law. Be- In the next 5 years, the DC Circuit eration. tween them, they have argued an will decide some of the most important This is how the President plans to amazing 45 cases before the Supreme cases of our time—including cases push back against efforts to tilt our ju- Court and have participated in many which will decide whether Wall Street dicial system: by nominating judges more. All three have the support of a reform will have real bite or whether it who will be judges—judges who will be majority of Senators. So why have will just be toothless. Swaps dealers, fair, judges who will be evenhanded, they been filibustered? The reason is the securities industry, the Business judges who will have the diversity of simple. They are caught in a fight over Roundtable, and the Chamber of Com- professional experience to understand the future of our courts—a fight over merce are all lining up to challenge the and consider all sides of an issue. whether the courts will be a neutral new rules that agencies have written to I understand that Republicans may forum that decides every dispute fairly try to put some teeth into Wall Street prefer to keep the DC Circuit exactly or whether the courts will be stacked reform and other laws. These big-indus- as it is. But article II, section 2 of the in favor of the wealthy and the power- try players want business-friendly Constitution says the President of the ful. judges to help bail them out. United States nominates judges, with Every day in Congress we deal with So let’s be clear. Nine of the 14 judges the advice and consent of the Senate. the influence of powerful groups and on the DC Circuit who currently hear There is no clause that says, except their armies of lobbyists. But in our cases were appointed by Republican when that President is a Democrat. democracy, when we write laws, some- Presidents. The President with the Democrats allowed President George times we can push back on that power. most appointees on that court right W. Bush to put four very conservative In our democracy we have tools that now is Ronald Reagan. judges on the DC Circuit. All four are can be used in the legislative process— This lopsided court has been busy still serving, and one is Chief Justice of tools such as open debate, public opin- striking down environmental regula- the U.S. Supreme Court. ion, and political accountability, tools tions that stop companies from spew- There are three vacancies in the DC that can help the people win these ing mercury into the air we breathe, Circuit Court of Appeals. The President fights. I saw it happen up close in the striking down investor protections of the United States has nominated 2008 financial crisis when we were able that hold corporate boards account- judges to fill those vacancies. That is to get a strong consumer financial pro- able, striking down a requirement for his job, and it is the job of the Senate tection bureau despite the efforts of employers to provide access to birth to confirm highly qualified, inde- the large financial institutions to kill control under ObamaCare. Each of pendent judges. That is how our system it. these regulations exists because Con- works. That is what the Constitution But the story doesn’t end when Con- gress has passed laws telling the agen- demands. gress passes a law. Powerful interests cies to write them. Republicans these days do not seem don’t just give up. They shift their It is true that sometimes an agency to like that. They keep looking for fight to the courts because they know may get it wrong, but these days the ways to keep this President from doing that if they can weaken or overturn a DC Circuit seems to be finding more his job. So far they have shut down the law in court, they turn defeat into vic- and more ways to help bail out the government, they have filibustered tory. If they can break the courts by businesses that never wanted to be reg- people he has nominated to fill his ad- putting enough sympathetic judges in ulated in the first place. ministration, and they are now filibus- lifetime positions, a friendly judicial Republicans have noticed what is tering judges to block him from filling system will give them the chance to going on with this lopsided court. They any of the vacancies with highly quali- undermine any laws they don’t like. would like to keep things the way they fied people. We need to call out these That is already happening in the Su- are, and they have not been subtle filibusters for what they are—naked at- preme Court. Three well-respected about it. Many Republicans have tempts to nullify the results of the last legal scholars, including Judge Richard talked openly of their opposition to Presidential election, to force us to Posner of the Seventh Circuit, a distin- any new judges to fill the three vacan- govern as though President Obama had guished judge and conservative Reagan cies on this court precisely because the not won the 2012 election. appointee, recently examined almost new nominees will give the court more President Obama did win the 2012 20,000 Supreme Court cases from the balance and fairness. Republicans may election—by 5 million votes. He has last 65 years. The researchers con- prefer a rigged court that gives their done what the Constitution requires cluded that the five conservative jus- corporate friends and their armies of him to do—nominated highly qualified tices currently sitting on the Supreme lobbyists and lawyers a second chance people to fill open vacancies on the Court are in the top 10 most to undercut the will of Congress, but Federal bench. If Republicans continue procorporate justices in more than half that is not the job of judges. Judges to filibuster these highly qualified a century. Justices Alito and Roberts aren’t supposed to make law. Judges nominees for no reason other than to are number one and number two. aren’t supposed to tilt politically one nullify the President’s constitutional Take a look at the win rate of the na- way or the other. authority, then Senators not only have tional Chamber of Commerce in cases Republicans may not like Wall Street the right to change the filibuster rules, before the Supreme Court. According reform. They may not like ObamaCare. Senators have a duty to change the fil- to the Constitutional Accountability But Congress passed those laws. Presi- ibuster rules. We cannot turn our back Center, the national Chamber moved dent Obama signed those laws. Presi- on the Constitution. We cannot abdi- from a 43-percent win rate during the dent Obama ran for reelection on those cate our oath of office. We have a re- last 5 terms of the Burger court, to a laws, while his opponent pledged to responsibility to protect and defend our 56-percent win rate under the peal them—and his opponent lost by democracy, and that includes pro- Rehnquist court, to a 70-percent rate nearly 5 million votes. It is not up to tecting the neutrality of our courts

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.014 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7973 and preserving the constitutional Senator FEINSTEIN, who is not up for where we are today. I would simply ask power of the President to nominate reelection, is supporting legislation to rhetorically, what is the President highly qualified people to court vacan- allow individuals to maintain enroll- going to do to address and honor the cies. ment in the plans they like. promise he made to the American peo- f These mistruths are clearly affecting ple that they can keep what they have? the President’s credibility. President Increasingly, more and more Demo- CONCLUSION OF MORNING Obama’s approval ratings have dipped crats—and, of course, there are many BUSINESS to a record low. A poll from Quinnipiac of us on this side of the aisle who pre- The PRESIDING OFFICER. Morning University that was released shows re- dicted this would happen a long time business is closed. spondents disapprove of the President’s ago—realize this was an ill-conceived f job performance by a 54-to-39 margin. policy. I have maintained for a long His approval rating of 39 percent is time that it was built upon a faulty DRUG QUALITY AND SECURITY worse than his previous alltime low of foundation; therefore, you cannot just ACT—MOTION TO PROCEED 41 percent in the Quinnipiac survey fix a Web site or have an IT specialist The PRESIDING OFFICER. Under done previously. Further, more peo- come in and expect this to get better. the previous order, the Senate will pro- ple—52 percent—say the President is This is a flawed policy, and it is al- ceed to consideration of the motion to not honest and trustworthy. ready having profound and harmful im- proceed to H.R. 3204, which the clerk We are on the verge of another pacts on the American people. We be- will report. misstatement from this administration lieve many more people will be harmed The assistant legislative clerk read where they make promises to the in the future as the insurance is fully as follows: American people that they do not implemented. Motion to proceed to the bill (H.R. 3204) to meet. Last month the administration The best we can do for the American amend the Federal Food, Drug, and Cosmetic promised they would have people in order to minimize the impact Act with respect to human drug healthcare.gov fixed by the end of No- and harm is to put off, suspend, delay— compounding and drug supply chain secu- vember. It appears unlikely, according whatever you want to call it—the im- rity, and for other purposes. to today’s Washington Post, where a plementation of ObamaCare. Frankly, Ms. WARREN. Madam President, I headline reads: ‘‘Troubled the best we could do in the long run is suggest the absence of a quorum. HealthCare.gov unlikely to work fully pivot away from this failed policy and The PRESIDING OFFICER. The by end of November.’’ move in a direction that actually does clerk will call the roll. For proof that this Web site design address some of the fundamental prob- The assistant legislative clerk pro- has been a failure of leadership, com- lems we have with health care in this ceeded to call the roll. pare it to Cyber Monday volume at country today. Mr. THUNE. Madam President, I ask amazon.com in 2012. According to ama- There is a whole list of solutions Re- unanimous consent that the order for zon.com’s press release, it sold 27 mil- publicans have advanced and put for- the quorum call be rescinded. lion items on Cyber Monday, or 306 ward in the past—for example, allow The PRESIDING OFFICER. Without items per second. That is how the pri- people to buy insurance across State objection, it is so ordered. vate sector has been able to process lines and create interstate competition OBAMACARE huge volumes of data and requests. If so we have insurance companies com- Mr. THUNE. Madam President, the we compare and contrast that with the peting with each other. Obviously, if question of the week is, more impor- rollout of ObamaCare and we have competition and the forces of tant than apologizing, will President healthcare.com, it is a stunning fail- the market at work, it helps to bring Obama live up to his promise that ure—even epic in terms of the inability down costs and prices. Americans can keep the care they have of that whole program to function with Another example is to allow small and like? Democrats are clearly run- any level of competence. businesses to join larger groups to get ning away from embracing this law and It is clear that technology exists to the benefit of group purchasing are suggesting the President live up to fix the Web site to handle high vol- power—to pool, if you will. That is his promise as well. Yesterday former umes, but, as the President has said, something we have been proposing for President Clinton said: the health care law is more than just a some time, and it has been consistently I personally believe, even if it takes a Web site, and that is where most of us defeated by Democrats in Congress. change to the law, the President should come down on this issue. This is a Other examples are reducing the cost honor the commitment the Federal Govern- flawed policy that is causing millions of defensive medicine by ending the ment made to those people and let them of Americans to lose the health care junk lawsuits that clog up our legal keep what they got. they like. Most of us know someone system and drive up the cost of health That is from former President Clin- who has had his or her health care can- care, allowing an expanded use of ton yesterday in a interview he did. celed by ObamaCare, and it is going to health savings accounts and those More and more we see people on the get worse. The Associated Press re- types of vehicles that are out there for Democratic side of the aisle coming ports that at least 3.5 million have re- people today to put money aside for forward, acknowledging what many of ceived cancellation notices, and that their health care needs; allowing peo- us have been acknowledging for a long number is expected to increase to tens ple to have a refundable tax credit so time; that is, this is not living up to of millions of people. As Americans— they can buy their own insurance, expectations. We need a timeout. It is millions more—are losing their plans, which would give them more choices, clearly not working, it is not ready for only thousands are signing up through create more competition, and, again, prime time, and it is obvious that we ObamaCare. put downward pressure on the cost and need to acknowledge that and come up Constituents are encouraged to visit price of health care in this country. with plan B. our Web site at republican.senate.gov/ Those are commonsense step-by-step Senator DURBIN, here in the Senate, yourstory to submit their stories about solutions that we think would work so said in an interview Tuesday that the how this is impacting them personally. much better than having one-sixth of cancellations of their coverage that The American people deserve to have our entire economy, which is what people might face under ObamaCare their stories heard, and Americans de- health care represents, taken over by and the statement that people could serve to have the President and con- the Federal Government. Political keep their plans ‘‘should have been gressional Democrats keep their prom- command and control in Washington, clarified.’’ ise. DC, is driving the decisionmaking for Democratic Representative KURT We believe what former President Americans across the country. As we SCHRADER from Oregon thinks the Clinton said yesterday is correct; that have already seen, the Federal Govern- President was grossly misleading to is, President Obama should honor the ment does not do complicated tasks the American public and said: commitment the Federal Government very well, and the Federal Government I think the President was grossly mis- made to those people and let them keep doesn’t do comprehensive tasks very leading the American public. what they have. That is essentially well.

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.015 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7974 CONGRESSIONAL RECORD — SENATE November 13, 2013 Everybody talked about a comment. If we factor in that the labor capacity for innovation and develop- prehensive solution to this problem. participation force is literally at the ment in this field. There is no possible Clearly, we have problems in America lowest level in the last 35 years, we explanation that can justify the fact today that need to be addressed. We would have to go back to the adminis- that more than 17,000 vials of contami- have a lot of people who don’t have tration of President Carter. At that nated medicine were shipped to pro- health care, and that needs to be fixed. time there were fewer people working viders throughout the country. That We have people with preexisting condi- as a percentage of the entire work- should simply not be happening. That tions, and that needs to be addressed. force. If we factor that in, we have an is why the legislation we are set to There are solutions to those problems economy that is in a very bad way. pass, which I helped to write, is so im- that don’t include and don’t entail hav- As I said, there are a whole series of portant. It will go a long way toward ing the Federal Government take over things that need to be done to get the making compounded medication safer one-sixth of the American economy, economy growing and expanding at a and preventing another outbreak like which is what happened with faster rate, create more jobs, and in- the one we had a little over a year ago. ObamaCare. We are seeing the impacts crease the take-home pay for middle- Many people don’t know what phar- and the results of that today. class Americans. We really need to macy compounding is—including many I suggest we take a timeout and start over with Obamacare. patients who have received com- make a conscious decision to move in a Madam President, I ask unanimous pounded medicine. Compounding is a different direction—a direction that consent for 1 additional minute. traditional practice of a pharmacy will lead to lower costs, higher quality The PRESIDING OFFICER. Is there where a pharmacist makes a new drug of care, allow people to keep the plan objection? Without objection, it is so or takes an existing one and changes it they like if they like it, allow people to ordered. based on a particular patient’s needs. If keep the doctor they like, and keep the Mr. THUNE. I suggest it starts with a patient needs a drug and is allergic to cost of health care at an affordable shutting this down and starting over. one ingredient in it, the pharmacy can level. We need to create more options, more remake the drug, or compound it, with- One thing we have seen since choices, and more competition in the out that ingredient based on a doctor’s ObamaCare passed and is now in the health care economy so people can get prescription. Pharmacists and phar- process of being implemented is that away from the sticker shock we have macies are regulated by the States. the promise that people would see their seen with ObamaCare and get costs This practice of tailoring medica- health care costs go down, not up—that down. We need to get away from these tions for individual people is incredibly promise is another broken promise be- cancellation notices that are going out important, and it has always been a cause what we are seeing in America and allow people to keep the care and part of practicing pharmacy. It will today is canceled policies. As people doctor they have and like. Because of continue under the bill we have writ- try to get new policies, there are in- the broken promises under ObamaCare, ten. But that is not what happened in creased costs. We are seeing that in the that is not happening. Massachusetts last year; instead, a fa- individual marketplace. When the Until we decide this was the wrong cility exploited a legal loophole to President was campaigning for his direction and pivot and go in a dif- make thousands of doses of a product health care law, he said he would drive ferent direction, we are going to con- that was not FDA approved and sold it the costs down for families by $2,500 tinue to see the results we have to hospitals and clinics across the per family. Yet we have seen the cost today—higher costs, more cancella- country without receiving a prescrip- per family increase since he took office tions, people not being able to keep the tion. As I said, more than 700 patients by $2,500. care they like or the doctor they like. got sick after receiving that medicine We have a cloud hanging over our We can do better and should do better. and 64 people died. That is why my col- economy right now because of this I yield the floor. leagues and I have worked so hard over massive new regulation with a massive The PRESIDING OFFICER (Ms. the past year to develop the bill before amount of government mandates. Due BALDWIN). The Senator from Min- us today, the Drug Quality and Secu- to government-approved insurance, the nesota. rity Act, which takes important steps workweek has been redefined from a 40- Mr. FRANKEN. Madam President, I for preventing this kind of outbreak in hour workweek to a 30-hour workweek. would like to talk for a few minutes the future. We have a lot of employers who are about a subject that will affect all of us I would like to take a moment to creating part-time jobs instead of full- at some point in our lives; that is, the thank my friends on both sides of the time jobs. In order to avoid the man- safety of our medicine. aisle and in both the Senate and the dates and requirements and costs asso- If my child or wife urgently needed House who have worked so hard on this ciated with ObamaCare, employers are medicine, I would have a number of legislation. hiring people to get under that 30-hour questions: Will my loved one get well? I thank chairman TOM HARKIN for his workweek. There are a lot of people What is going to happen? But I should leadership and for the bipartisan HELP who are hired to work 29 hours a week. never have to ask a question about Committee staff process that was cru- Well, Americans can’t take care of whether the medicine my family takes cial to producing this legislation. their families and meet the needs they is safe and whether it is what the doc- I thank ranking member LAMAR have in their personal and family budg- tor says it should be. ALEXANDER and Senator PAT ROBERTS ets on 29 hours a week, so more and More than 1,000 patients and their for their commitment to getting this more people are having to get more families across Minnesota found it nec- bill right. than one job. In fact, some estimates essary to ask that question last year I thank the staff who worked so hard show that the majority of jobs that during the meningitis outbreak. They on this bill. Specifically, I thank mem- have been created over the last year had to ask that question because the bers of Senator HARKIN’s staff: Jenelle have been part-time jobs, not full-time contaminated medicine they received Krishnamoorthy, Elizabeth Jungman, jobs. That is the impact this is having could have caused them enormous and Nathan Brown. I also thank Sen- on the overall economy. harm. More than 700 patients across ator ALEXANDER’s staff: Mary Sumpter- If we are serious about getting the the country got sick and more than 60 Lapinski and Grace Stuntz, as well as economy growing and expanding again died after receiving these contami- Jennifer Boyer, who works for Senator and creating good-paying jobs for mid- nated injections produced by a large- ROBERTS. Their hard work and dedica- dle-class Americans, there are a num- scale compounding pharmacy in Massa- tion helped to develop this important ber of things we can do to create that chusetts that was essentially an un- legislation. kind of economic growth. What we regulated drug manufacturer. I also thank Hannah Katch, a mem- have seen of late is a growth rate that In Minnesota we specialize in med- ber of my staff, who has worked tire- hovers between 1 and 2 percent. The ical innovation. We have some of the lessly on this bill. economy is lethargic and sluggish com- best doctors and health care systems I thank Chairman UPTON and Rank- pared to any historic average. We con- and biomedical pioneers anywhere in ing Member WAXMAN and their col- tinue to have chronic high unemploy- the world. Our Nation has an incredible leagues in the House for their work, as

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.016 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7975 well as the many stakeholders who My colleagues, Senators BENNET and Just a month ago, Democrats of all have worked productively with us to BURR, have been working on this pro- stripes were declaring that Obama was develop and improve this proposal. In posal for more than 2 years, and I the settled law of the land and con- particular, I counted on input from the thank them for their work and con- demning attempts on our side of the Minnesota Board of Pharmacy, the gratulate them on this important aisle to actually reform it. Now we are Minnesota Pharmacist Association, achievement. seeing more and more of our friends Thrifty White Pharmacy, and many My home State of Minnesota is a across the aisle contemplating serious other experts and pharmacists in Min- model for pharmacy practice nation- changes aimed at fixing some of the nesota who helped us get this bill wide. Not only does our State have im- law’s myriad problems. Some, but not right. portant protections for compounding all, of the problems with ObamaCare Is our legislation perfect? No. There pharmacies that have kept the medi- have become painfully obvious—some, were a number of provisions in the bill cine made in Minnesota safe, but Min- because I think most people probably that we passed out of the HELP Com- nesota pharmacists have also led the think ObamaCare has already been im- mittee that would have provided addi- Nation in developing innovative new plemented, when, in fact, it has only tional safety and quality assurances ways of helping their patients get the begun to be implemented. for patients, but in order to come to a right medicine at the right time. But we know ObamaCare is forcing compromise with the House of Rep- For example, pharmacists at Hen- people to lose their health insurance nepin County Medical Center in Min- resentatives, our legislation changed. and/or their doctor. It may be that neapolis found that when a pharmacist Although the final bill does not include even in the exchanges, the hospital reviewed the prescriptions for patients everything I would have liked, the bill which they prefer to be treated at or with complex conditions before they before us today will take an enormous the doctor from whom they would pre- were discharged from the hospital, step forward for patient safety. fer to have their care, they will not be those patients had fewer problems re- The bill will reinstate the law that available on the exchanges. lated to their medicine and were 50 per- allows the Food and Drug Administra- We also know that ObamaCare is cent less likely to be readmitted to the tion to regulate large-scale raising health care premiums. Again, hospital. So it saved a lot of money. It compounders that have exploited a the President promised that if we cost HCMC about $112,000 for phar- loophole in the law in order to act ef- passed ObamaCare, we would see a re- macists to provide this service, and it fectively as unregulated drug manufac- duction in the premiums for a family of saved the hospital nearly $600,000. This turers. It will also give hospitals and four of about $2,500. Instead of seeing is exactly—exactly—the kind of inno- health systems the option of buying premiums go down, we are seeing pre- vation that we are known for in Min- compounded products from facilities miums go up. nesota, and our pharmacists are on the that are inspected by the FDA and are We know that Medicare and Medicaid front lines of this kind of reform and complying with the FDA’s quality remain on an unsustainable path, and discovery. standards. And it will do all of that The pharmacists at HCMC, and those we are actually seeing, in many States, without changing the rules for tradi- around Minnesota, do incredibly im- the States opting to expand the Med- tional pharmacies, which will continue portant work. They provide access to icaid program, when they cannot even to be regulated by their State boards of needed medicine for thousands of pa- care for or pay for the people who are pharmacy. tients every day. Those pharmacists currently in the Medicaid program. Specifically, our bill creates a new and their patients must be able to We have found that organized labor option for facilities that want to pro- trust that the medicine is safe and it has gone to the White House. They said vide compounded drugs to hospitals will work. The Drug Quality and Secu- that because of the incentives in and health centers. These entities, rity Act will take an important step ObamaCare, many full-time employees called ‘‘outsourcing facilities,’’ will be toward preventing another outbreak were now being put on part-time work inspected by the FDA and will have like the one we saw last year, and I in order to avoid some of the penalties high quality standards. The hospitals urge my colleagues to join me in pass- associated with ObamaCare. that buy from these facilities will be ing the Drug Quality and Security Act We know that in the medical device able to trust that the compounded into law. sector—one of the most innovative medicine they buy from outsourcing fa- Thank you, and I yield the floor. parts of health care today—those jobs cilities is safe. The PRESIDING OFFICER. The Re- are moving offshore. They are moving If a compounder chooses not to be ei- publican whip. outside of the United States, and it is ther a traditional pharmacy or an out- OBAMACARE stifling innovation, this medical device sourcing facility, the FDA will be re- Mr. CORNYN. Madam President, in a tax which is part of the pay-for of sponsible for making sure that front page story yesterday, the Wall ObamaCare. compounder complies with the normal Street Journal reported that fewer But here is another issue that has requirements for pharmaceutical man- than 50,000 people had successfully used not gotten much attention lately. I ufacturers. Those are the options. Un- the Federal ObamaCare Web site to en- was a little surprised when I came like what we saw in Massachusetts, roll in a private health plan—less than across this article in the Atlantic mag- these facilities will no longer be able to 50,000. Meanwhile, we know that mil- azine, but the truth is the ObamaCare occupy an unregulated no man’s land. lions of Americans are already getting structure penalizes people for getting So under the new law, there will be tra- a cancellation notice from their insur- married. Certain couples who do qual- ditional pharmacies, which will con- ance company telling them that their ify for the ObamaCare subsidies right tinue to be regulated at the State current policy—even if they like it— now would lose those subsidies if they level; outsourcing facilities, which the will no longer be available. In other got married. In some cases, the FDA will oversee; and pharmaceutical words, if you like what you have, it ObamaCare marriage penalty could manufacturers, which will be regulated turns out you cannot keep it—as mil- amount to thousands of dollars. So just by the FDA, as they have been. lions of people are finding. when you think things could not quite I am also pleased that the bill we No less a luminary in the Democratic get any worse, you find out they do. wrote on compounding is paired today Party than President Clinton has said As if all these problems were not bad with another bill on the drug supply that ObamaCare should be reformed to enough, ObamaCare has also created a chain, which is aimed at making sure let people maintain their current magnet for fraud and corruption in the that the FDA-approved medicine that health insurance. And we will see some so-called navigators program. You will patients receive is safe and has not votes in the House of Representatives remember, the navigators were created been tampered with. By creating a na- as soon as Friday on that proposition, in order to help people sign up on the tional system to track drugs from the helping the President keep his promise exchanges. But we know the navigators time they leave the manufacturer until to the American people that if you like will be collecting sensitive tax and per- they are dispensed to patients, this leg- what you have, you can keep it, which sonal information—medical, both phys- islation will provide certainty that our currently has proven not to be the ical and mental health information— medicines are what they say they are. case. from folks all across the country as

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.017 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7976 CONGRESSIONAL RECORD — SENATE November 13, 2013 they try to navigate ObamaCare. But Island be recognized immediately fol- with a very large caveat: If you like we also know, because the Secretary of lowing my remarks. your health care plan, you’ll be able to Health and Human Services admitted The PRESIDING OFFICER. Without keep your health care plan—if we deem this last week, that they are not sub- objection, it is so ordered. it to be adequate.’’ ject to any kind of background check, Mr. CRAPO. Madam President, I rise I recently received a letter from including a criminal background today, also, to speak about a subject on Nancy from Eagle, ID, about the loss of check. As a matter of fact, I think Sec- the minds of all Americans and that is her husband’s employer-provided cov- retary Sebelius surprised an awful lot the rollout of the Patient Protection erage. The cancellation notification of people when she admitted that peo- and Affordable Care Act or ObamaCare. reads that ‘‘due to the Affordable ple participating in the navigator pro- Many of us have predicted the imple- Health Care Act and unprecedented in- gram could possibly be convicted felons mentation of ObamaCare would result creases in healthcare costs, effective because there is simply no screening in difficulties for American families, January 1, 2014 traditional comprehen- mechanism to bar them from partici- businesses, and our still fragile econ- sive medical insurance will no longer pating in the process and no back- omy. be available.’’ Instead, his employer ground check whatsoever. We spoke about the tax hikes that will offer two preventive health care Then we have learned, as a result of would come, the rising premiums, the plans and refer them to the exchange some creative journalists, that naviga- canceled policies, the benefit cuts to to purchase his insurance. tors, including those in my home State Medicare programs for seniors, and After browsing the exchange Web of Texas, were actively encouraging other problems in the flawed law. Still, site, Nancy and her husband have real- people to break the law as a process of the President insisted that he was ized they will either be forced to pay signing up for the ObamaCare ex- right and that he knew best what $500 more a month on health insurance changes. Americans wanted. premiums or pay a lower premium rate It is simply astounding that the ad- Since then, countless opportunities which would result in limited access to ministration is urging the American have been provided for our colleagues providers and hospitals. people to give their Social Security to join us in defunding or at least de- Simply put, this is wrong. But I fear numbers and sensitive personal infor- laying the implementation of this dam- that there will be many more like mation to people who have not been aging law. Nancy with similar experiences. This properly vetted. Yesterday I called on To further sow confusion, the admin- week I was contacted by Matt from Me- the President to suspend the naviga- istration has selectively changed the ridian, ID, about his wife who receives tors program, and I want to reiterate law to suit its political advantage. coverage through her employer. They that call today. He needs to end it, at And now that October 1 has come and will see their premiums rise and a con- least until basic precautions are taken gone, millions of Americans are becom- siderably higher deductible due to the to prevent identity theft and corrup- ing painfully aware of the reality of increased cost to her employer because tion and fraud. how ObamaCare will affect them. of ObamaCare. Given the lack of Federal background The American people are seeing the Just 1 month after the ObamaCare checks and other safeguards, this pro- effects of ObamaCare, not based on the exchange rollout, at least 3.5 million gram is an invitation to fraud and rhetoric of politicians or the debate Americans have received insurance identity theft. here in Congress, but by their own per- cancellation notices. This number is As with so many other aspects of sonal experiences in dealing with it. expected to dramatically increase in ObamaCare, the problems with the The initial feedback is clear, and it is coming months. Over 100,000 of those navigators program are the result of not pretty. The trillion dollars in new people live in Idaho, according to the politically motivated decisions. Do not taxes that I led the fight against on the Associated Press. According to media just take my word for it. Consider the floor during the initial ObamaCare de- reports, the administration knew scathing indictment that was recently bate are now largely in effect. Americans would not be able to keep issued by Michael Astrue, who served And as I said, and many others their current coverage, even though as HHS general counsel from 1989 to warned, and the Joint Tax Committee the President continued to push the 1992. More recently, he served as a com- has actually confirmed, a significant message that people could. missioner for Social Security, from portion of those tax increases are hit- After breaking this promise, the 2007 to 2013. ting squarely on the middle-income President is now telling millions of Writing in the Weekly Standard, Mr. families the President solemnly Americans who have had their insur- Astrue points out: pledged to protect. He said that people ance cancelled that they should shop Instead of hiring well-screened, well- in America who make less than $250,000 around for policies that frankly could trained, and well-supervised workers, HHS per couple or $200,000 per individual be more costly and require them to decided to build political support for the Af- would not see one dime of tax increases change their doctors. fordable Care Act by pouring money into as a result of the act. Many of my colleagues in the Senate, supportive organizations so they could launch poorly trained workers into their Yet now we are seeing that the bur- as a response to this, are cosponsoring communities without obtaining criminal den of this huge tax increase is falling a measure known as the If You Like background checks or creating systems for squarely on those in what the Presi- Your Health Plan, You Can Keep It monitoring their activities. dent has defined as the middle class. Act. This act is one the Senate should Over the long term, we need to dis- The American people are also now ex- immediately take up and pass. mantle ObamaCare entirely and re- periencing for themselves the reality Idahoans are now learning that the place it with patient-centered alter- we have long warned against—that the flawed health care law will force them natives that will actually bring costs President has also broken his promise to change their plans and in many down; improve the quality of care, by that his health care plan would lower cases pay higher premiums. While this making more care accessible; and leav- premiums by $2,500 on average for law was sold on the promise of pro- ing the choices with consumers and Americans. viding health care coverage for the un- their families, patients and their doc- In fact, the Washington Post fact insured, it is creating new uninsured tors making the decisions, not Wash- checker gave that President’s pledge a Americans who will be forced to enter ington, DC. In the short term, we need three Pinocchios score for not being the troubled Federal health care ex- to also dismantle the navigators pro- true. Yet another promise proven to be changes. gram before it unleashes a wave of false is the President’s pledge to the At the same time, the administration fraud and corruption. American people that if you like your refuses calls for transparency and hides I yield the floor. doctor and you like your current information about enrollment num- The PRESIDING OFFICER. The Sen- health care plan, you can keep it. bers. It is hard for me to believe that in ator from Idaho. Again, the Washington Post reviewed the year 2013, when we have iPhones, Mr. CRAPO. Madam President, before this pledge. But this time it gave the tablets, Twitter and Google, the ad- I make my remarks, I ask unanimous President four Pinocchios saying, ‘‘The ministration has no idea or ability to consent that Senator REED from Rhode President’s promise apparently came release enrollment numbers.

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.019 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7977 According to documents released re- have seen to date. We have enacted $2.4 procedural maneuvers that simply cently from the House oversight com- trillion in deficit reduction, with $1.8 leave us without adequate progress on mittee, six people signed up for trillion coming from spending cuts. these issues that are extraordinarily ObamaCare on day one. We understand These cuts put tremendous pressure on important to them. that more are signing up now, but it important domestic investments in We are recovering from the most re- could be that the administration has areas such as education, health care, cent self-inflicted wound—the govern- such low numbers of enrollments for and national security. ment shutdown and near default. That their signature achievement that they I do not believe cutting domestic pro- manufactured crisis was absolutely un- do not want to present the accurate grams that invest in our future and necessary and it was particularly un- facts. help low- and middle-income American necessary to threaten the credit of the Many of us in this body are con- families is the right thing to do, espe- United States. A vast majority of cerned also about the security risks cially when we can close egregious tax Americans are clear that at a min- posed by ObamaCare. Several weeks loopholes that benefit multinational imum we should keep the government ago, Republican members of the Senate corporations and some of the wealthi- open and we should pay our bills. We Finance Committee wrote to Depart- est Americans. have always done that. Only in the last ment of Health and Human Services Again, we have made significant few years and harking back to when Secretary Kathleen Sebelius, asking progress in deficit reduction. The bulk Mr. Gingrich was Speaker did the other whether all Federal privacy and secu- of that has been cutting programs that side engage in this sort of rity standards were met prior to the invest in the country and help families. brinksmanship. launch of healthcare.gov, the Web site To go forward, we need a balanced ap- This does not work for Americans. to sign up for ObamaCare. proach, selective cuts, but we also need They do understand we have dif- We have asked Secretary Sebelius to to close some of these egregious loop- ferences in policy. They do understand provide answers and information to a holes that are benefiting—not the we have to debate these various dif- series of questions detailing what lev- small business man or woman living in ferences. But at a threshold level, gov- els of security and privacy measures Rhode Island—but multinational cor- ernment has to be working for them, were undertaken prior to the launch of porations—not working wage earners not sporadically but constantly. And the Web site to safeguard the privacy in Rhode Island—but some of the we cannot threaten the credit of the of those Americans signing up for cov- wealthiest Americans. United States. erage through healthcare.gov. This is a I know some of my colleagues dis- Jumping from these manufactured serious concern that must be ad- agree with me. But in order to address crises to crises is no way to do the job. dressed. our long-term fiscal challenges, the As I said before, there are immediate Additionally, because of the law, brinkmanship has to stop. Drawing tasks before us. We have to have a rea- some businesses are cutting back on lines in the sand and daring people to sonable expenditure level for our budg- employees and on hours, making it cross them has to stop. What we need ets for fiscal years 2014 and 2015. Se- harder for Americans to find full-time is not to surrender our principles but quester must stop. Then we have to jobs. Those who do hold on to their to reach principled compromise. start to look at longer term problems full-time jobs could lose their em- That is why we should provide imme- that are being driven by demographics. ployer-sponsored private insurance and diate certainty that the shutdowns and We know the sequestration is harm- are instead being dumped into the ex- the threats to wreck the economy are ing our job growth. CBO has estimated change or into the failing Medicaid totally off the table. We can do this by that the 2013 and 2014 sequester will system. agreeing to adequate top-line numbers cost the economy 900,000 jobs. Simply These are just some of the unfortu- for the appropriations process for fiscal suspending or limiting the sequester, if nate realities we are facing with the years 2014 and 2015 and eliminating the we can generate 900,000 jobs, most implementation of ObamaCare. As job-killing sequester. Americans would say that is the right these stories continue to pour in, I Then we can move forward to a long- policy. If you can just do that and cre- urge all of my colleagues on both sides term debate about our fiscal chal- ate jobs, then do it. of the aisle, along with the President, lenges. We can then build consensus It is obvious the sequester is not to carefully listen to the American and reach this principled compromise. workable. The House of Representa- people, to American businesses and In reaching that compromise, I would tives, our colleagues, have had very dif- this feedback and work together to urge my colleagues to include policies ficult times passing bills that adhere to defund and repeal every element that that focus on jobs and economic sequestration, bills that traditionally proves not to work. growth, that restore fairness to our passed overwhelmingly, like transpor- We must replace those failed policies Tax Code and preserve hard-earned So- tation and infrastructure bills. If we with true reforms that are in the best cial Security and Medicare benefits. cannot even do that under the pressure interests of the American people and in Looking over the last few years, the of the sequester, then, again, we are the best interests of the American uncertainty and the brinkmanship ac- back to a dysfunctional government. It economy. From day one, the adminis- cording to most economists has robbed might be formally open, but it is not tration has continued to make excuses us of growth. That growth, in and of helping people and it’s not doing the for why healthCare.gov is not func- itself, not only would have put more things we have to do: getting econo- tioning properly, even though they Americans to work, but it would have mies to grow, letting States build have had years to prepare and perform contributed to deficit reduction, even bridges, sewers, and highways. testing. more than we have already been able to Senator MIKULSKI has done an ex- The American people see now that do to date. traordinary job as the chairwoman of this law is more than just a Web site If we are serious about deficit reduc- the Appropriations Committee. She has problem; it is a train wreck. This sys- tion, if we are serious about narrowing been working hard to make sure we tem was not ready and the law looks the gap in terms of equality in our so- bring bills to this floor that not only impossible to fix. Simply put, the ciety, then we have to emphasize not have the support of our Members, our promises of this law are nothing like only wise fiscal policies that reduce colleagues, but also meet the needs of its realities. the deficit directly but wise fiscal poli- the American people. I yield the floor. cies that encourage growth and also re- I have the privilege of chairing the The PRESIDING OFFICER. The Sen- duce the deficit. interior subcommittee. We have been ator from Rhode Island. Let’s agree to those top-line num- able, working with my colleague Sen- THE BUDGET bers. Let’s also eliminate the sequester ator MURKOWSKI from Alaska, to pro- Mr. REED. Madam President, it is and let’s move forward. That is why we pose—we have not brought it to the clear we have honest disagreements were sent here. Americans want us to subcommittee or full committee—but about how we should address our budg- keep the economy moving forward and to propose a mark that would respond et. I believe the path forward should be to get the economy working for them. to the real needs of this country in fair and balanced. That is not what we They do not want to see us engage in terms of clean water and drinking

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.023 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7978 CONGRESSIONAL RECORD — SENATE November 13, 2013 water infrastructure—which is vital to There is some good news. There are tainty that our private entrepreneurs the economy of every American com- loopholes, egregious loopholes, that in need to make real investments in the munity. and of themselves should be closed, re- economy and to grow. In all of this, we On the other side, the House is pro- gardless if we were dealing with the have to bring a balanced approach. It is posing a cut of $1.756 billion, more than issues of deficit and sequestration. not only cutting, it is expenditure cuts 75 percent. That cut would devastate They are not appropriate, not efficient, wisely chosen, together with revenue these programs and result in 97,000 and they do not add to the overall eco- wisely chosen, through closing loop- fewer jobs. These are the good kinds of nomic benefit of the country. They do holes that will give us a growing econ- construction jobs, high-paying jobs, benefit very narrow interests. It comes omy, hopefully increase opportunity, that allow families to stay above the down to whether my colleagues on the and put us back on the path to pro- water and allow communities to pros- other side of the aisle are willing to see found sustained economic recovery. per. The workers who are putting in these special preferences prevail or (The further remarks of Mr. REED those infrastructure projects are also whether the national economy and the are printed in today’s RECORD under going to local supermarkets, local res- families across this country will ben- ‘‘Morning Business.’’) taurants, paying the fees and dues to efit. Mr. REED. I yield the floor. the Little League teams, and doing the We have to move forward. We have to f things we expect every family should emphasize things that will help us, for RECESS be able to do and we hope every family example, create more manufacturing can do. jobs in this time and for the future. I The PRESIDING OFFICER. Under In the Transportation bill, for exam- think at one point we thought manu- the previous order, the Senate stands ple, we were able to maintain our facturing was passe´. We discovered it is in recess until 2:15 p.m. promise to fund transit, airport, and not only not passe´ but it is absolutely There upon, the Senate, at 12:36 p.m., highway systems. We have been able to vital, because we can’t take new inno- recessed until 2:15 p.m. and reassem- set aside more than $1 billion for the vation, new discoveries, at which we bled when called to order by the Pre- popular TIGER grant program and a are so good, commercialize them, and siding Officer (Mr. HEINRICH). new initiative to replace bridges in then create new products in that com- f mercialization process, unless we have critical transportation corridors. This DRUG QUALITY AND SECURITY is an effort that can benefit every manufacturing. We learn a lot on the manufacturing ACT—MOTION TO PROCEED—Con- State in this country in terms of infra- floor. We have seen products we have tinued structure projects. developed intellectually become not Mr. MCCAIN. Mr. President, I ask Looking across the Capitol at the only manufactured but improved by unanimous consent that I be allowed to House Republican Transportation bill, other countries who have the ability to address the Senate as in morning busi- they are cutting by $7.7 billion—even manufacture, we have to get back to ness and that the Senator from South more than last year’s sequestration doing that. Carolina, Mr. GRAHAM, be allowed to level. It not only eliminates the TIGER We have to be able to align our work- join me in a colloquy. grants for 2014, it reaches back to 2013 force and our education system so that The PRESIDING OFFICER. Without TIGER grants and cuts them by $237 we have the skills for the next century. objection, it is so ordered. million. These kinds of cuts are unten- Job training has to be competent, effi- The Senator from Arizona. able. cient, and adequate. All of this requires IRAN They also signal a very different atti- investments in resources, not simply tude here. It was at one time clear that Mr. MCCAIN. Mr. President, the ad- cutting away and cutting away. ministration’s negotiations with Iran transportation was one of those issues Ultimately, as we understand, and as that united us, Republicans and Demo- failed to achieve an interim agreement our predecessors, particularly my pred- this past weekend, and if published re- crats, the North, the South, the East, ecessor, Senator Claiborne Pell, under- and the West, because it was something ports are accurate, we owe our French stood, education is the engine that allies a great deal of credit for pre- that every community needed and pulls this country forward. We used to venting the major powers in the nego- every community understood. Now we assume we were the most educated. We tiations—the so-called P5-plus-1—from see this dichotomy, and that is were the country with the best record making a bad, bad, bad interim deal unhealthy for our government and for of college graduates. We were the coun- with Iran—a deal that could have al- our economy. try that advanced public education for lowed Iran to continue making House Appropriations Chairman HAL everyone. We look around the world progress on key aspects of its nuclear ROGERS said last July when these dra- and we have slipped in terms of college program and in return receiving an conian cuts forced House leaders to graduates. We have slipped in terms of easing of billions of dollars in sanc- pull the bill from consideration: skills. Our public education system tions. With this action, the House has declined to needs to be reinvigorated. Not only The Senator from South Carolina and proceed on the implementation of the very with suggestions from the sidelines, I are not opposed to seeking an interim budget it adopted just three months ago. not only with new approaches, but also agreement with Iran as a way to create Thus, I believe that the House has made its with real resources. These investments choice: sequestration—and its unrealistic have to be made. better conditions for negotiations on a and ill-conceived discretionary cuts—must It is a multifaceted approach, but I final agreement. We joined with some be brought to an end. think we have to begin with only the of our colleagues in a letter to the Even the chairperson of the House simple understanding, as we go for- President in support of such an ap- Appropriations Committee is signaling ward, we need to provide the economy, proach before the Geneva agreement. that sequestration is untenable and un- our constituents, and ourselves the cer- But our support was conditioned on the workable. tainty of an adequate funding level for need for any interim agreement to be On this side of the Capitol, Chairman the government for the next 2 years. based on the principle of suspension for MIKULSKI has been a strong voice echo- We need to suspend, dispense with, suspension; that is to say, the Iranians ing—not only echoing, but asserting— postpone—whatever the appropriate would have to fully suspend their en- that position constantly. term—sequestration, because it is not richment of uranium and the develop- We can’t get rid of sequestration going to help us grow the economy. In ment of their nuclear weaponization with spending cuts alone. We can’t cut fact, it will take away about 900,000 programs and infrastructure, including our way to prosperity. Revenue has to jobs. construction of the heavy water reac- be part of the solution. Then we have to certainly make it tor at Arak. The idea would be to In fact, as we have done over the last clear we will not threaten the credit- freeze Iran’s nuclear program in place several years, we have cut discre- worthiness of the United States by de- so that negotiations could proceed on tionary spending dramatically. We are faulting on our debt. how to roll it back without the threat down to not fat but bone, and so we If we can do these things, and I be- the Iranians could use negotiations as need additional revenues. lieve we can, we can provide the cer- a delaying tactic.

VerDate Mar 15 2010 00:46 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.024 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7979 I remind my colleagues they have It is the Iranians who have armed nians do not have the capability to de- done that time after time. In fact, the and trained and equipped 5,000 velop a nuclear weapon. The first ques- new President of Iran, Mr. Rouhani, Hezbollah, who are slaughtering people tion you have to ask: Are they trying bragged when he was negotiator that in Syria. It is Iran that sends the Ira- to build a nuclear powerplant—a nu- they were able to fool the negotiators nian Revolutionary Guard into Syria clear infrastructure for commercial and increase the centrifuges from 150 and slaughters people. It is Iran that is purposes—or are they trying to create to 1,000. We have seen the movie before. supporting the Islamic extremist capability to produce a weapon? Trust If Iran agreed, though, to this freeze, groups that are now moving seriously me on this: Nobody goes about building Senator GRAHAM and I have said we on the side of Bashar Assad into Syria. a commercial nuclear program this would support suspension of our efforts It is Iran that is spreading terror way. They are trying to build a nuclear to pass and implement new sanctions. throughout the Middle East and would weapon. Why? Because that would give Unfortunately, public reports suggest attempt to throughout the world. They them influence in the region they have the administration was willing to agree still view the United States of America never had. It would give Iran a strong in Geneva to less than a full suspension as the great Satan. They are still com- standing in the historical Sunni-Shia of Iran’s program and to pay for that mitted to ‘‘wiping Israel off the map.’’ conflict between the Persians and the inadequate step with billions of dollars Iran is a threat to peace in the world. Arabs. And as a consequence, it would in sanctions relief. This is not ‘‘suspen- And it is not only the issue of nuclear lead to a nuclear arms race in the Mid sion for suspension,’’ regardless of ad- weaponry, it is their entire behavior of East, because the Sunni Arabs are not ministration claims to the contrary. spreading terrorism throughout the re- going to allow the Shia Persians to And that is a problem. It puts too gion, propping Bashar Asad while he have a nuclear capability. much trust in President Rouhani—the continues to slaughter, maim, rape, They also believe, fairly rationally one whom I talked about before who torture, and kill. And for this adminis- so, if they get a nuclear weapon, the re- bragged—he bragged—about deceiving tration and this Secretary of State to gime is probably home free; that the the international community when he ignore those facts about Iran, in my West is going to back off, much as we was Iran’s nuclear negotiator. In fact, view, is disgraceful conduct. did in North Korea. So the decision of the current diplomatic efforts are con- Finally, before I turn to my friend how to handle this program is probably sistent with a pattern of past dealings from South Carolina, I would add that the most important decision President undertaken by the Iranian government the influence and power of the United Obama will make in his second term to buy breathing space and shift inter- States throughout the world, espe- and will be one of the most important national expectations in order to con- cially in the Middle East, is no longer decisions the world makes for the fu- there. Every Middle East leader I talk tinue development of its nuclear pro- ture of our planet here going into the to, everyone I know in the region, says gram. 21st century. they believe the United States is leav- We have to avoid an interim agree- Mr. MCCAIN. If my friend would ment that diminishes Iran’s incentive ing, the United States is not in any yield for a question, the Senator from to make the hard decisions we ulti- way involved, and they are making ac- South Carolina and I have known the mately need them to make as part of a commodation for the absence of the Prime Minister of Israel rather well final agreement, and that final agree- United States leadership. over the years. Obviously, the first tar- This President does not believe in ment must require Iran to do the fol- get of Iran, in the case of a nuclear American exceptionalism. America lowing: Comply with all outstanding weapon, would be Israel. Iran has never must lead or Iran, Russia, and other U.N. Security Council resolutions; countries will lead, and sooner or later stepped back from saying that Israel sign, ratify, and implement the addi- the United States will pay a very should be wiped from the face of the tional protocol of the nuclear prolifera- heavy price. We must not ignore the Earth. Has the Senator from South tion treaty; address outstanding con- lessons of history. Several times in our Carolina ever known a time since the cerns of the IAEA, especially through history we have tried to withdraw the creation of the State of Israel that the expanding inspection measures; halt fortress America, and every time we United States and Israel have been fur- construction on and ultimately dis- have paid a very heavy price. ther apart; that there has been more mantle the Arak heavy water reactor; So I say to my friend from South open disagreement and, indeed, tension stop development of advanced cen- Carolina, it is important, this Iranian at a level the likes of which we have trifuges; and turn its supply of en- issue, it is of transcendent importance, never seen? And does it not appear by riched material over to the IAEA. but I do not believe it can be viewed in not including Israel in any of the nego- A final agreement should also not a vacuum, considering Iran’s continued tiations, to start with, but also there recognize that Iran has any inherent effort to try to undermine and destroy seems to be a complete disregard of the right to enrich. A country that has everything—the freedom and democ- knowledge, information, and frontline continuously been on the path for nu- racy—for which American stands. status of Israel in this whole issue? clear weapons, that has violated pro- Mr. GRAHAM. If I could respond, I Mr. GRAHAM. Well, I think it is tocol after protocol, should not have guess the essence of what we are trying pretty obvious the tensions are grow- the ‘‘right to enrich.’’ Without these to say is we believe Iran is the prob- ing, and not just with Israel. I believe measures, Iran’s nuclear program will lem, not the solution, to the Mid East the Obama administration’s eagerness continue to grow. And as the program and the world at large. There has been to reach a deal is unnerving to the peo- grows, it will be harder to track and bipartisan support for curtailing and ple in the region, and not just Israel. harder to set back. controlling and eventually eliminating The Israelis and the Sunni Arabs are Only when Iran seriously undertakes the Iranian nuclear program. There has being pushed together in an unprece- measures to dismantle its nuclear pro- been bipartisan support for our friends dented fashion. We are hearing out of gram should sanctions be unwound. in Israel, and we want to keep it that the Arab community the same con- The administration should not weaken way. We want to make sure Congress cerns as out of the Israeli community. the strong negotiating position that speaks with one voice, that we are So that is an odd alignment. Congress has helped create. Instead, it helpful when we can be, and that we Mr. MCCAIN. And haven’t the Saudis should use its position to its advan- offer criticism at an appropriate time. already basically let it be known if tage. I guess the concerns we have about Iran acquires a nuclear weapon they Before I ask my friend from South this agreement are that it is getting to will be right behind them? Carolina to comment, I would add that be more like North Korea in a fashion Mr. GRAHAM. Oh, absolutely, it will we should not forget the context of that makes us all uncomfortable. If create an arms race. Iran and negotiations with Iran. This is you interject billions of dollars into There is a positive note here: The an arms control issue—the nuclear the Iranian economy now, without dis- Congress itself. The Congress has not weapons. Meanwhile, we seem to ignore mantling the centrifuges, I think you been confused. We are more together the fact that Iran is spreading terror have made a huge mistake. on this issue than we have ever been. throughout the Middle East and would What are we trying to accomplish? The Congress passed 90 to 1 a resolu- like to throughout the world. We are trying to make sure the Ira- tion rejecting the idea of allowing the

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.026 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7980 CONGRESSIONAL RECORD — SENATE November 13, 2013 Iranians to have a nuclear weapon and would be a win-win situation for the tions are working. The Congress has trying to contain them. The idea of Iranians and the world at large. But passed tough sanctions. To the Obama containing a nuclear-armed Iran is not what we can’t afford to do is get it administration’s credit, they put to- a good idea. We fear they would share wrong with Iran. These negotiations, gether an international coalition—un- the technology with a terrorist group the interim agreement, as Senator precedented in nature—which has got- that would wind its way here to the MCCAIN stated so well, sent chills up ten the Iranians’ attention and we are United States. And Israel believes they the spine of almost everybody in the at the table. The last thing we want to could never have a moment of peace region. So if the Iranians insist upon do is relieve the pressure because that with a nuclear-armed Iran. Contain- enriching, to have the ability to take is what got them there. There are two ment won’t work. the uranium and enrich it in the fu- things they must understand: Until Secondly, the Congress, 99 to 0, said: ture, I think is a nonstarter. That you abandon your nuclear quest for a If Israel has to defend itself against a would be incredibly dangerous, and we bomb and replace it with a reasonable nuclear-capable Iran, has to intervene will wake up one day with a North solution for commercial nuclear power to stop this existential threat to the Korea in the Middle East. If the Ira- aspirations, we will continue sanctions. Jewish state, that we would provide po- nians get a nuclear weapon, it will be The threat of military force is also one litical, economic, and military support. far more destabilizing than North of the factors that got them to the So the Congress has been very much Korea having a nuclear weapon on the table. together. Korean Peninsula. It will open Pan- Jay Carney said yesterday: If you The next thing we hope to do is have dora’s box. push for new sanctions, you are invit- a resolution, bipartisan in nature, that I am hopeful the administration will ing war. I would like to respond. I defines the end game. What are we try- go into the next round of negotiations think the reason we are having a ing to accomplish? We don’t want a eyes wide open, understanding where peaceful opportunity moment here is war. Nobody wants a war. The idea of the American people and the inter- because of the sanctions. If we back off the Iranians having a commercial nu- national community are and the people now and infuse billions of dollars into clear powerplant is OK with me. Mex- in the region and if we get a deal, it is the Iranian economy and leave the cen- ico and Canada have commercial nu- a good deal. But what is a good deal? trifuges in place, we are inviting an at- clear power facilities. They just don’t To make sure the Iranians can have a tack by Israel. If you don’t shut down enrich uranium. They buy the product peaceful nuclear power program but the plutonium heavy water reactor, from the world community. They don’t can’t get a bomb. The only way they Israel is not going to sit on the side- have enrichment and reprocessing. I can get a bomb is to have enrichment lines forever. So to not have a continu- don’t mind the Iranians having a nu- capability as part of an agreement. ation of sanctions until we get the clear powerplant for commercial pur- Mexico, Canada, and 15 other nations right answer is going to invite more de- poses as long as the international com- have nuclear powerplants for commer- stabilizing in the region. munity controls the fuel cycle. We have to realize that Israel is in a cial purposes, but they don’t insist on Here is the problem: They are insist- different position than almost anybody enriching uranium to provide the fuel. ing on the right to enrich. And the else. They are close. The Iranians have If they insist on enriching, that tells us problem is you can take uranium and talked about wiping them off the map. all we need to know about what their enrich it to a certain level for commer- When it comes to the Jewish people, true intent is. cial purposes, and with today’s tech- they don’t take that stuff lightly any- I thank Senator MCCAIN for bringing nology you can break out and have a more. When they say ‘‘never again,’’ his voice. nuclear weapon very quickly. they literally mean it. Can you tell the Mr. MCCAIN. It is also true that the Mr. MCCAIN. May I ask, aren’t the Prime Minister of Israel—given the be- right to enrich is undercut by their parameters of this proposed agreement havior of the Iranians in the last 30 many years’ record of deception and ef- to allow them to continue to enrich years—that they are just joking? Can materials? forts at acquiring a nuclear weapon. Finally, again, I want to emphasize you tell the people of the United Mr. GRAHAM. The concern the States, if the Iranians got a nuclear Israelis have, and that my colleague our Israeli friends are on the frontline. It is not the United States of America weapon, they wouldn’t share it with a and I have, is the number of cen- terrorist group to come our way? Name that the ayatollahs have committed to trifuges available to the Iranians is one thing they have produced they ‘‘wipe off the face of the earth,’’ that into the tens of thousands now, push- haven’t shared. ing from 18 to 24,000. Who really knows. have been dedicated ever since the Ira- So this is a moment of history. This But the advanced centrifuges we are nian revolution to the extinction of the is the biggest decision President talking about can take 3.5-percent en- State of Israel. Obama will make, and I would like to So shouldn’t we pay close attention? riched uranium and go to 90 percent to help him make the right decision. I We aren’t dictated by Israeli behavior, get a weapon in just a matter of weeks, would like to help the world resolve but shouldn’t we profit from their ex- if not months. this problem without a war. But here is So here is the rub: I think Congress periences? Twice the Israelis have had the situation we find ourselves in: If we will speak with one voice. We don’t to act militarily against nuclear facili- attack Iran to stop their nuclear pro- mind a commercial capability for the ties. Twice they have had to do that in gram if we couldn’t get a peaceful end- Iranians as long as you control the fuel order to prevent in one case Syria and ing, we would open Pandora’s box. It cycle. As to the previously enriched another case Iraq from acquiring nu- would be difficult. But if they got a nu- uranium, particularly the 20 percent clear weapons which would threaten clear weapon, it would empty Pan- stockpile, turn it over to the inter- them with extinction. Now this agree- dora’s box. That is the world in which national community. That is the U.N. ment, clearly, in the words of the we live. We have a little time to get position. Stop enriching. There is no Israeli Prime Minister, is something this right. I hope we can. right to enrich. At the end of the day, that is very dangerous to the very ex- Mr. MCCAIN. I appreciate the pa- this plutonium heavy water reactor istence of the State of Israel. tience of my friend from Iowa, and I that you are building is a threat to Again, Israel does not dictate Amer- thank the Senator from South Caro- Israel beyond belief. Dismantle that re- ican policy, but to ignore the warnings lina. actor. You don’t need a heavy water of literally every expert in the Middle I yield the floor. plutonium-producing reactor to engage East—especially that of Israel, includ- The PRESIDING OFFICER. The Sen- in commercial power production. These ing Arab countries—I think is ignoring ator from Iowa. are what we would like to let the ad- evidence and opinions that are very Mr. HARKIN. Mr. President, I wish to ministration know would be a success- well informed. To get an agreement for cover the bill we are on, the Drug Qual- ful outcome regarding the Congress. the sake of an agreement, in my view, ity and Security Act. Before I do, I ask They actually mirror the U.N. resolu- would be a disaster. unanimous consent that at the end of tions. Mr. GRAHAM. Would the Senator my remarks the Senator from New I am hopeful we can find a way to end yield? To conclude, why are the Ira- Hampshire, Ms. AYOTTE, be recognized the nuclear program in Iran which nians at the table? Because the sanc- to speak.

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.027 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7981 The PRESIDING OFFICER. Without setts that shed light upon how NECC What was happening at NECC during objection, it is so ordered. had been allowed to grow so large with this time period was unfortunately an Mr. HARKIN. One year ago, we were so little oversight. Last November, we example of a larger problem across the at the beginning of our effort to under- released an initial report and held a industry. In an effort to understand stand one of the worst public health hearing exploring the statutory and better the risks posed by increasingly crises this country has experienced in regulatory gaps that contributed to large drug compounding companies, recent years. We were just learning this tragedy. Our bipartisan investiga- the FDA undertook surveys of com- about the New England Compounding tion continued and culminated in a pounded drugs in 2001 and 2006. In each Center’s astonishing disregard for basic final report released on May 22 of this of those surveys, about one-third of the procedures to ensure that the products year. drugs sampled failed one or more they were manufacturing were sterile. Over the course of this investigation, standard quality tests. In the 2006 sur- We were shocked and saddened by the we explored how drug compounding has vey of sterile injectable drugs, 33 per- news that hundreds were sick and doz- evolved as an industry over the past cent of the samples contained either ens had died from infections caused by couple of decades. Drug compounding is not enough or too much of the active NECC’s blatant disregard for patient a traditional and longstanding activity drug ingredient. safety, and we were fearful for the fate of pharmacies. It serves an important Between 2001 and 2011, FDA docu- of the thousands of additional patients role in our health care system. ments indicate at least 25 deaths and 36 who had received injections of NECC Compounding is when just a few peo- serious injuries, including hospitaliza- products. ple—maybe only one person—needs a tions, were linked to large-scale drug Despite the urgency of that crisis, certain compound of a drug. So a phar- compounding companies, including 13 the bill we are considering was not macist, maybe not with the classic deaths in 2011 alone. Between 1998 and mortar and pestle but with other de- slapped together overnight—far from 2005, FDA documented at least 38 vices, mixes, compounds the specific it. It is the product of a full year of deaths and 210 injuries from drugs that drug that is needed. Maybe it is needed careful bipartisan policy collaboration, were contaminated, mislabeled, or for a few people in a hospital, a specific and it rests upon the factual founda- caused overdoses because they con- chronic illness that someone might tion developed through the bipartisan have. This is sort of the traditional tained more of the active pharma- oversight investigation that Senator compounding, where you can’t just get ceutical ingredient than indicated. ALEXANDER and I launched over 1 year a prescription for it and go down to the These include the deaths of 6 infants ago. When we learned of the NECC pharmacy and have it filled, simply be- and children, and at least 18 other chil- tragedy, we did not rush to pick up a cause there is not that big of a demand dren paralyzed, burned, hospitalized, or pen and dash off a quick legislative an- for it. But over the last couple of dec- suffering from other severe reactions, swer. Instead, we sought to understand ades a number of large-scale drug and these numbers likely understate what that story was, what its causes compounding companies have started the actual number of adverse events were, so we could develop legislation to produce large batches of high-risk because current law, unlike what we which would make a difference in the drugs for national sale. have in this bill, does not require re- future and not just make headlines. For example, at the time of the men- porting of adverse events. In early October of 2012, shortly after ingitis outbreak, NECC’s sister com- Our bipartisan investigation con- the outbreak became known, this is pany called Ameridose was providing cluded that large-scale drug what the outbreak looked like. We had prepared IV mixtures to 25,000 hos- compounders continue to pose a serious these States with 64 deaths and 750 peo- pitals and facilities across the country. risk to public health. At the time of ple got sick. I don’t mean they just got Despite a scope of operations that our final report in May, we had identi- sick overnight and then got better. makes these companies much more fied at least 48 compounding companies Some of the people who lived will have similar to drug manufacturers than to that had been found to be producing lingering illnesses for the remainder of pharmacies, they primarily faced over- and selling drugs that were contami- their lives. In many cases they will sight similar to State-licensed commu- nated or created in unsafe conditions never be able to work again because of nity pharmacies rather than the more in just the preceding 8 months since meningitis. My partner’s home State of rigorous quality standards governing this outbreak. Tennessee was very hard hit with 153 traditional drug manufacturers. I guess what I am saying is, if you cases. Michigan was the highest with Our investigation found that both follow this, this had been going on for 264 cases. NECC and Ameridose had lengthy some time but it kept getting worse But this is what it looked like when track records of producing drugs of and worse as more and more of these this outbreak occurred. As we can see, questionable sterility and potency, and large-scale drug compounders found there were a couple out West, and it both had been the subject of repeated they could get away with it. was starting to spread in that direc- adverse event reports and consumer In that same time 10 drug tion. Thankfully, the Centers for Dis- complaints. The committee review of compounders had issued national re- ease Control and Prevention was able FDA documents indicates that between calls because of concerns about con- to intervene and find the source of it 2002 and 2012, NECC was the subject of tamination, and 11 drug compounders and stop it; again, another example of at least 52 adverse event reports, expos- had been ordered by State licensing how CDC protects the American people. ing the dangers created by its haz- agencies to stop producing some or all When this happened, we began to ardous compounding practices with drugs. talk directly with various stakeholders documented issues including the fail- Our investigation concluded that in to understand it. We continued to talk ure to ensure the sterility of equip- order to reduce the serious and ongoing to the FDA and the CDC on their inves- ment and products, the distribution of risk to the public health from com- tigations. We held briefing calls with drugs containing particulate matter, pounded drug products, it is essential the Massachusetts Board of Pharmacy, the manufacture of superpotent and that a clear statutory framework be where the NECC was located. We subpotent drugs, mislabeling of drugs, enacted that requires entities talked to an array of compounding inaccurate ‘‘beyond use’’ dating, and compounding drugs outside of tradi- pharmacies and purchasers of the com- the illegal distribution of drugs in the tional pharmacy practice to engage in pounded products. absence of patient-specific prescrip- good manufacturing practices and to On October 25 of last year, to explore tions. better ensure the sterility and quality the need for and potential contours of Similarly, between 2007 and 2012, in- of their drugs. So we developed this legislation, the committee launched a ternal documents indicate that bill, the DQSA, as we called it, to ad- bipartisan process to examine the re- Ameridose was the subject of at least dress the regulatory gaps that we iden- spective State and Federal roles in reg- 18 adverse event reports. Ameridose tified in this investigation. ulating compounding pharmacies. My was cited in 2008 for producing a com- Under the legislation before us, large oversight team worked with Senator pounded version of the pain reliever compounders such as NECC or any ALEXANDER’s to gather documents from fentanyl that was more than 100 per- other compounder that chooses to op- FDA and from the State of Massachu- cent stronger than the standard level. erate outside of traditional pharmacy

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.031 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7982 CONGRESSIONAL RECORD — SENATE November 13, 2013 practice have only one legal option: If this were a contentious issue, I ments without any interruptions. She They must register with the FDA. could see the need to slow things down. has now told me that what she has They must follow good manufacturing This has to do with the health and worked out in the plan she had has practices. They must tell FDA when safety of the American people. A lot of been canceled. She wrote me: their products hurt people; otherwise, time and effort went into this bill, by I liked my plan. And I not only liked my they must follow the manufacturer- Republicans and Democrats, FDA, doctors, I consider them my lifeline. If I pur- like requirements that apply to out- CDC, pharmaceutical companies, con- chase a plan under the Exchange, I lose ac- sourcing facilities under this bill. If sumer groups. That is why I think it cess to all my doctors in Boston, and I am they are not traditional compounders has such broad support. I hope we do finding that I will also lose my oncologist in Nashua as well. This can’t be happening. and they do not meet the requirements not have to go through all this. But if for outsourcing facilities, our bill says we do, we do. There is no doubt in any- Lori in Littleton wrote me. She told FDA can shut them down immediately. body’s mind that this bill will pass and me she and her husband recently were The Drug Quality and Security Act is it will probably pass on a 97–1 vote. But notified that their coverage will be a carefully crafted bill that not only why tie up the Senate for all this time? canceled. When she learned about the responds to the NECC outbreak but to Why put off the signing of a bill that new plan that was being offered to the root causes that I have gone over would get action to protect the health comply with ObamaCare, she said: that go back almost 2 decades, that and safety of the American people? We were shocked that the cost would be really led up to this tragedy. It is good I hope we can bring this to a resolu- $400 a month more than we are currently bipartisan policy. tion and have a vote up or down on it. paying. This is way beyond our budget. So I pointed out the other day in my re- we began to explore the so-called Exchange Frankly, I think we could probably marks, and I point out again today, it to shop for all of our choices. Once again, we voice-vote the bill. I think we could has wide industry and consumer sup- were very frustrated to learn that New ask for unanimous consent—but for port: the Academy of Nutrition and Di- Hampshire has a monopoly with only one one person—and then we could voice etetics, the American Pharmacists As- carrier [on the exchange]. vote it. Then, if there is an objection, sociation, the Chamber of Commerce of What I have also heard from my con- maybe we do have to have a rollcall. If the United States, large drug manufac- stituents is concerns that they are re- someone wants a rollcall, that is their turers, and also consumer groups—the ceiving notices that their premiums Center for Science and Democracy, the right, but at least let’s vote on the bill are rising as a result of ObamaCare. Center for Medical Consumers, and oth- and get it out of here. That is the least Sara in New Castle wrote me that her ers. So it has both consumer and indus- we can do to protect the health and premiums for a high-deductible plan try support. safety of the American people. that complies with ObamaCare will be I wanted to take this time to lay out I yield the floor. double her current premium. Moreover, The PRESIDING OFFICER. The Sen- the background as to why this bill is so Sara said that she ‘‘will no longer be ator from New Hampshire. vitally important. I will also point out able to go to Portsmouth Hospital. My the House of Representatives passed OBAMACARE primary physician, gynecologist, eye this bill on a voice vote. Now we have Ms. AYOTTE. Mr. President, last doctor, and children’s pediatrician are it here at the desk. It is the same basic week I came to the floor to discuss the all excluded from the ACA plan that I bill we passed out of our committee on negative impact that ObamaCare is will be forced to purchase by the end of a bipartisan unanimous vote. having on the people of New Hamp- 2014.’’ Last night we had a 97-to-1 vote on shire. I shared dozens of compelling She finished the letter she wrote to cloture to proceed to this bill. That stories from my constituents, who are me by saying: ‘‘No, my family is not ought to be an indication that this is telling me that they are seeing their better off with the ACA.’’ an important bill, but one that has coverage canceled and they are seeing John in Pembroke wrote: broad bipartisan support. Now, under their premiums rise. These sad stories The new law is called the Affordable Care the rules of the Senate we have 30 continue to arrive in my in-box every Act. What a hurtful joke that is to hard- hours, of which I am now taking my day, and these are real people. They working Americans. My existing policy is part of 1 hour. I don’t intend to take are having great difficulty with not being canceled. After I called Anthem to in- the whole hour. Then we go 30 hours, only the Web site but structural prob- form them they must have misheard the and then we get on the bill. If one per- lems that exist with the law itself. President and the other supporters of the They deserve to have their voices heard ACA, they told me that my existing policy son then—this one person—continues did not meet the standards for the new law. to object, I guess we will have to file on the floor of the Senate. I will say, as I was shocked. The new higher plans from cloture on the bill. That will take 2 one of my constituents said to me: Anthem in the best case scenario are more days to ripen, 2 days for cloture to Lives in New Hampshire are depending than double my existing plan. ripen. Then we will have yet another on it. David in Nashua wrote me that re- vote on cloture on the bill. I assume we Last week President Obama said he cently he saw his coverage canceled will get 97 to 1. Then we have 30 hours was sorry to those who are now receiv- like too many others. He wrote: ing cancellation notices. But a simple after that, and then we vote. I think When working with Anthem to get a plan that takes us to Sunday, if I am not apology falls short because the struc- that will have the closest coverages and plan mistaken, if we stay here. tural problems we are now seeing with services with similar deductibles and copays, This is not really part of what I want this law, including the cancellation no- I was disheartened to learn it will cost me an to talk about, but I think this is an im- tices that too many of my constituents additional $110 per month—about 40 percent portant reason why I have supported a are receiving, were problems that more than I was paying. change in the rules of the Senate since many in this Chamber, even before I He continued: 1995. We cannot continue to be a 21st got elected to the Senate, warned To get comparable services to what I had it century country, to be a major world about before the law was passed. will cost an additional $45 per month. All power, and operate under 19th century Here are some of the stories I want to said, I am looking at an increase of $155 per rules and regulations. It is just not share from people in New Hampshire month. right that one person, one Senator, any and how they are being impacted by David said he is looking at a 57-per- Senator—I am not pointing fingers at this law. cent increase in costs and an additional anyone. I am saying anybody, any one Jeanne in Meredith wrote me she was $1,800 per year. Senator in the face of a bill that is not diagnosed with breast cancer 21⁄2 years He said to me: only vital for the health and safety of ago. She was laid off from her job of 20 This is grossly unacceptable, has been mis- the American people but which has years and then went on COBRA. Jeanne leading from the words conveyed by the broad bipartisan support—that one per- traveled to Mass General in Boston to President and downright frustrating to have son could tie up the Senate for literally receive care and when her coverage ran to deal with such a problem. a week or more through procedural out she worked with her insurance A couple from Amherst, NH, wrote roadblocks. That is why I say we need agent to receive coverage that she me and said: to do something about the rules around could afford and that would allow her . . . because of the Affordable Care Act our this place. to continue with her subsequent treat- health insurance plan is being canceled and

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.033 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7983 the least expensive plan, either within the tices, which they cannot afford to pay, Well, that made me slightly mad. I exchange or outside of it, will more than that are attributed to ObamaCare. Fi- drove home, picked up my phone, start- double our cost. The least expensive plan we nally, as I have previously said on the ed calling other moms and dads, and can obtain will increase our monthly pre- floor, some people are having their they called moms and dads from mium from $582 to $1,183 per month. Our annual premium under the new health care law hours cut because it defines the work- around our State. Over time—about 3 will increase from $6,984 to $14,196—an in- week as a 30-hour workweek. Unfortu- months—we organized thousands of crease of [over $7,000] per year. nately, the people who do want to con- families in our State. We wrote letters, They further wrote to me: tinue to work more hours are being held rallies, and when all was said and harmed. done the legislature listened to us and President Obama promised us that if we As I have done before, I come to the liked our plan, we could keep it. But ours reinstated that preschool program. I has been canceled. President Obama prom- floor today to call for a timeout on went on to teach in that program as a ised us that if we liked our doctor we could ObamaCare. We need a timeout because preschool teacher and then to serve on keep our doctor. we are seeing that the problems with my local school board. President Obama promised us that under this law are much deeper than a Web When I eventually did come to Wash- the new health care law we would save $2,500. site. We hope those problems will be ington, DC, as a U.S. Senator, I knew But our premiums will be increasing by over fixed. Of course, they have not yet been firsthand that if we want to strengthen $7,000 a year. fixed. The Washington Post reported our economy and give our kids a A couple from Center Sandwich also today that they may not even be fixed brighter future, we could not wait until contacted me. They said their rates with what the administration has rep- they were teenagers or adults to invest will double and cost them an additional resented—at the end of this month. in them. I had seen in my own class- $7,000 per year. That said, what about the canceled rooms that when young children get They wrote: policies, the premium increases, and the attention they need, they are miles We are both in our second careers and in the lost hours? It is time to have a ahead of their peers on the path to suc- our 50s, working hard and doing two jobs. timeout where we do what should have cess. I saw that my own students who Blue collar couple who are very healthy. been done in the beginning. Instead of knew how to raise their hands or ask Under this so-called Affordable Care law, our passing a law of this magnitude on a questions or stand in line to go to re- rates are going to double! partisan basis, people need to come to- cess were the ones who were then able Scott from Concord wrote: gether to address health care, rising to go on and tackle a full curriculum in I currently have a great family plan costs, access, and the issues the Amer- school. through my work. This plan costs me $240 ican people want us to take on. This That is why this week I joined a bi- per month. On January 1st this plan will cost law is not the answer, and the Amer- partisan group of colleagues to intro- me $600 per month. I can’t afford to pay such ican people—and the people of New duce legislation that will give every a high premium. Now I am forced to get a Hampshire—deserve better. American child access to high-quality plan that has a 50% greater deductible, and The PRESIDING OFFICER (Mr. much higher co-pays. early education. The bill, the Strong COONS). The Senator from Washington. Start for America’s Children Act, aims I also heard from a mother from Mrs. MURRAY. Mr. President, I ask to significantly increase access to and Manchester. She has a little girl who is unanimous consent to speak as if in quality of early learning programs that scheduled to have surgery at the begin- morning business. ning of January. As any mother would The PRESIDING OFFICER. Without start when a child is born and last be, she is worried, and now she has objection, it is so ordered. until their first day of kindergarten. This legislation authorizes a Federal been told her plan has been canceled. EARLY CHILDHOOD EDUCATION program that supports our individual She wrote: Mrs. MURRAY. Mr. President, I come States’ efforts to educate their young- I looked, and my current plan is not avail- to the floor today to talk about the est citizens. It ensures that early able through the Exchange. I will have to issue that got me into politics many purchase a plan with a high deductible. The years ago in the first place—early learning programs everywhere have new plan will cost over $1,200 per month, in- childhood education. quality teachers and meet high stand- creasing my premium which is currently just I thank my friend and colleague ards, but it also provides States, school over $1,000 per month. The new plans, Chairman HARKIN, whose leadership on districts, and preschool programs the through the Exchange, have a smaller net- flexibility they need to meet their work of doctors, so I could be losing my doc- this critical issue is unparalleled. I am delighted he is on the floor today as local children’s needs. tors too. Although I approach this issue today well. I also thank Senators CASEY and Finally, I am hearing frustration and HIRONO for their strong support of as a grandmother and mother and a concerns from my constituents about early childhood education. They are former preschool teacher, many of my the Web site. great partners in this work as well. colleagues have their own reasons to David in Bedford wrote: Of the 535 Members of Congress, I support early education. Former law My wife and I are semi-retired and have have to say each one of us comes to enforcement officers and lawyers and been trying since October 1 to obtain health Washington, DC, with our own unique sheriffs whom I work with know that insurance through HealthCare.gov. We have background. We are a collection of when we invest in our children at a also used the telephone option but we were young age, they are more likely to stay unable so far to obtain coverage. military veterans, farmers, business owners, and a lot more. out of trouble and out of jail. Business He finished this message to me by As for me, I come to Congress as a leaders and economists know that saying: mother and preschool teacher. When when we spend $1 on a child’s education We are very concerned with being without my kids were much younger, I found in the first few years of their life, we coverage on January 1, 2014. that their wonderful preschool program save as much as $17 throughout their I heard a similar concern from a resi- was being closed down by my State be- life. Our military leaders tell me that dent in Greenfield who also expressed cause of budget cuts. When my children 75 percent of our Nation’s 17- to 24- deep concern about private information were very young, I put them in my car year-olds are ineligible to serve their put on the Web site. I heard the same and traveled to Olympia, our State country often because they are not from a registered nurse from Milford. capital, which is 100 miles away, to ex- able to pass the necessary math and She expressed frustrations about how plain to these legislators, whom I did reading. the exchange is working. not know, why they could not cut this It is not only teachers who are fight- There are many more pieces of cor- important program. When I got there, ing for pre-K, it is generals, sheriffs, respondence I have received from my legislators told me there was nothing and CEOs. Fifty years of research constituents. I will not share them all someone like me could do to save that backs this up. We know that 80 percent on the floor today, but their voices de- preschool program. One legislator in of a person’s brain development occurs serve to be heard. Because of this law, particular told me I was just a mom in before the age of 5. While China is aim- people in New Hampshire are losing the tennis shoes and had no chance of ing to provide 70 percent of their chil- coverage they thought they could keep. changing anything. He said I could not dren with 3 years of preschool by 2020 They are getting premium increase no- make a difference. and India is doing the same, we do not

VerDate Mar 15 2010 23:38 Nov 13, 2013 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.034 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7984 CONGRESSIONAL RECORD — SENATE November 13, 2013 have a national strategy to get the ObamaCare statute clearly said that bying for a vote opportunity up or youngest Americans ready to learn. every Member of Congress and all of down on that important provision. Nobel Prize-winning economist James their official staff had to go to the ex- My first choice would be a simple Heckman, an advocate for early learn- changes for their health care—and of vote on the measure in front of the ing, says ‘‘skill begets skill.’’ course mentioned nothing about any Senate right now, the drug This summer I traveled throughout huge taxpayer-funded subsidy—in fact, compounding bill. I have no interest in my home State of Washington visiting that language was considered and not delaying progress of that bill. I simply early learning programs. I heard from a included. Even though that is crystal want an amendment vote on the meas- kindergarten teacher who told me that clear under the statute, the Obama ad- ure I am describing. We can vote it up while some of her students in kinder- ministration issued a special rule to or down. Either way, I think it is crys- garten are practicing writing their get around that clear language. Part of tal clear this bill will proceed to be- names on their work, others are learn- that rule, which I think is outrageous come law. If my amendment is adopted, ing how to hold a pencil. Those chil- on its face, says: Well, we don’t know it would be voted on in the House. I dren, even at an early age, are already who official staff are. We cannot deter- think it would clearly be passed, be- playing catchup. So when a child who mine that, so we are going to leave it come law. That is my first choice re- has benefited from early education up to each individual Member of Con- quest here. knows how to open a book and turn a gress to determine who their official If that is not possible, I do have a page, someone can teach them to read. staff are. As long as they deem certain second choice request, which is to sim- But in classrooms across our country, staff nonofficial, then they don’t have ply make this vote in order in the con- some children are falling behind. The to go to the exchanges at all. They text of the next major bill coming to gap between children who start school don’t have to follow that clear man- the floor, the National Defense Author- ready to succeed and those who don’t date in the statute itself. ization Act—again, a simple amend- has serious implications for our coun- Well, again, when we are talking ment, a simple vote. I have no interest try’s future. about folks who work on our staff, in delaying the time running on the Although historically we have in- committee staff, and leadership staff, consideration of this bill, on delaying vested in education to build a path to that is ridiculous. They are clearly of- votes on this bill, or of delaying debate the middle class, we are now falling be- ficial staff. They are not campaign and voting on other amendments on hind. We now rank 28th globally in the staff. They are not off Capitol Hill and the Defense authorization bill. It seems proportion of 4-year-olds enrolled in outside of government. They are not to me that is a very basic, straight- pre-K and 25th globally in public fund- working for other entities. They are forward request: a vote on a pure dis- ing for early learning. That cannot clearly official staff. This is just one of closure provision. continue. the major ways this illegal rule does an By the way, this provision has been In the coming weeks and months, I end run around the clear language of hotlined on the Republican side, and will be working with my chairman Sen- the statute. there is no Republican objection to the ator HARKIN, who is here today, and In reaction to that part of the illegal substance of this provision. It is pure with many others to work toward mak- rule, I introduced a bill that simply disclosure. We all think it should be ing some smart investments in our says these decisions by each individual public information. There is no objec- educational system so we can move Member of the Senate and the House tion. So I would simply ask unanimous this legislation forward. Our country in need to be made public. There needs to consent to proceed in this way and ex- very large part is the product of deci- be full disclosure when anybody is pedite, in the process, consideration of sions that were made decades ago. The using this end-run around and saying: all of this, including the compounding decision to make public education a Yes, this person works for me but bill on the floor right now. The distin- priority now will have an extraor- somehow they are not ‘‘official,’’ so dinary impact on the next generation. guished floor manager for the bill said they do not have to follow the mandate Every day we are choosing between a few minutes ago he does not want of ObamaCare to go to the exchanges. being a country that is struggling to delay on this bill. I do not want it ei- That information should absolutely be catch up or being a country that has ther. There does not have to be any public, and I put that in the form of a the knowledge and power to continue delay, and, in fact, this unanimous con- bill which I have filed both as a free- to lead. sent will expedite all of that consider- I thank the Presiding Officer. standing bill and as an amendment to ation. I yield the floor. the measure before the Senate today. In that spirit, I ask unanimous con- The PRESIDING OFFICER. The Sen- Whatever we think about the under- sent that all remaining time on the ator from Louisiana. lying issues—and I know there is dis- motion to proceed to H.R. 3204, the agreement—to me it should be a no- UNANIMOUS CONSENT REQUEST—H.R. 3204 AND S. compounding bill, be yielded back; that 1197 brainer that there is full disclosure the motion to proceed be agreed to; Mr. VITTER. Mr. President, I rise about how each individual office han- that my amendment No. 2024 be the today to again advocate for no Wash- dles the situation. That is not fully dis- only amendment in order; that no sec- ington exemption from ObamaCare. closed now. Some Members may choose ond-degree amendments be in order; This is an issue I have talked about to say it to the press, to answer press and that the amendment be subject to with several of our colleagues in this questions, but it is not public informa- a 60-vote affirmative threshold for body, and I have been joined by many tion. It seems clear to me that how adoption; I further ask that there be 2 supporters in the House of Representa- each office elects to handle that situa- hours of debate equally divided, and tives. I believe it is very important. tion, how each elected Member elects that upon the use or yielding back of As we hear story after story from to handle that situation, should be, by that time, the Senate proceed to a vote Americans in each of our States about definition, public information, fully on my amendment; following the dis- what they are facing—being dropped disclosed. position of my amendment, that the from policies they liked and wanted to The measure I am talking about bill, as amended, if amended, be read a keep, having premium increases of 1,000 right now, that is all it does. It does third time and passed, and the motion percent in some cases, getting their not prohibit anything else from going to reconsider be considered made and work hours cut back to under 30 hours on. I object to that. I have other meas- laid upon the table, with no inter- a week—the fact remains that Wash- ures I will push to prohibit it. But all vening action or debate. ington has essentially an exemption the measure I am talking about right The PRESIDING OFFICER. Is there from all of that pain. Washington has a now does is make sure that informa- objection? big taxpayer-funded subsidy that no- tion, that election by each individual The Senator from Iowa. body else in America at the same in- Member, is public, that there is full Mr. HARKIN. Mr. President, I object. come level can get, and that really disclosure about something I think The PRESIDING OFFICER. Objec- needs to end. clearly the public has a right to know tion is heard. One critical component of this issue about. So I am simply on the floor lob- Mr. VITTER. Well, Mr. President, re- is the fact that even though the bying for that measure to pass and lob- claiming my time, that is unfortunate.

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.036 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7985 That could dispose of this bill and pass so we can move more quickly to the Again, I have argued for a long time this bill today—a very straightforward, national defense authorization bill, that rules need to be changed. I have expeditious way of passing this bill which does merit a lot of significant also argued for a long time that the with no delay. floor time, so we can have amendment minority ought to have the right, the I said I had a second choice, a path votes on that bill immediately and not inalienable right, to offer amendments, forward which I think is very reason- have any controversy about that. but amendments that are relevant and able as well, related to the National I urge that reasonable and expedited germane to the bill before you; other- Defense Authorization Act. and clear path forward. wise, you get amendments on every- So let me propose this unanimous I yield the floor. thing from Timbuktu to wherever on consent request: I ask unanimous con- The PRESIDING OFFICER. The Sen- any bill, and that you can keep offering sent that all remaining time on the ator from Iowa. them and offering them and offering motion to proceed to H.R. 3204, the Mr. HARKIN. Mr. President, I want them. compounding bill, be yielded back; that to say a couple things about my objec- It was my understanding that the the Senate proceed to H.R. 3204; that tions. I know a lot of Senators, when majority leader offered to the Senator the bill be read a third time and they object, always use that phrase: re- from Louisiana an up-or-down vote on passed, and the motion to reconsider be serving the right to object. But I think his amendment—not on this bill, but at considered made and laid upon the if you look at the Senate rules, there is some point an up-or-down vote, as long table; I further ask that the Senate no such provision for reserving a right as that was the definitive vote on the then proceed to the consideration of S. to object. I have always made it my amendment and it would not keep com- 1197, the national defense authorization habit that if you object, you object, ing up. It is further my understanding and then, when you get time on the bill; that my amendment, which is at that the Senator disagreed with that, floor, you explain why you objected. the desk, be called up, and that not- that he wanted the right to bring it up Thus, I am taking my time now to ex- withstanding rule XXII, my amend- again and again and again and again. I plain why I objected. ment remain in order; that no second- The Senator from Louisiana pro- think this is, again, an outrageous im- degree amendments to my amendment pounded two unanimous consent re- position of one Senator’s views and be in order; and that the amendment be quests. The first was basically that we considerations on the entire Senate. I would say to the Senator that there subject to a 60-vote affirmative thresh- go ahead and get to the bill, the ought to be some way for the Senator old for passage. compounding bill that we are on right to get an up-or-down vote on his The PRESIDING OFFICER. Is there now; that his amendment, which has amendment—not on this bill. It is not objection? nothing to do with the bill, by the Mr. HARKIN. Mr. President, on be- way—and I think he would agree with relevant. It is not germane. I do not half of leadership, I object. that. It has nothing to do with it. It is think it is relevant or germane on the The PRESIDING OFFICER. Objec- not even relevant, not even germane to Defense bill. I will say more about that tion is heard. this bill. It has something to do with in a second. But we have a lot of things Mr. VITTER. Well, Mr. President, re- ObamaCare and whether we tell people coming down the pike before we leave claiming my time again, I think that is whether our staffs are going on the ex- here this year—or even in the next ses- unfortunate. That would be an even change. So it has nothing to do with sion of this Congress—to accommodate quicker route forward on the this bill. the Senator from Louisiana on his compounding bill because had that It seems odd that the Senator from amendment. But why should we have unanimous consent request been agreed Louisiana says he wants an inalienable to keep voting on it time after time to, the compounding bill would have right to be able to offer an amendment after time if we have one dispositive just passed the Senate. It would have to this bill, but no one can offer an vote on it up or down, which is, as I un- happened right now, and we would amendment to his amendment. It is derstand, what the majority leader of- move on to something that clearly kind of a double standard, to my way fered? needs time for debate and discussion of thinking. He says that we vote on Secondly, in regard to the second and amendments, the National Defense his amendment and that no second-de- unanimous consent request proffered Authorization Act. gree amendments be in order. Why not? by the Senator from Louisiana, to In closing, let me underscore all I am If amendments were allowed to be in which I objected on behalf of the ma- seeking, urging, and, yes, demanding is order on the bill that were nongermane jority leader—I am not the chairman of a clear up-or-down vote on a pure dis- and nonrelevant, why shouldn’t there the Defense Authorization Committee, closure provision: let the public know, be a second-degree amendment allowed nor do I have the right to bring legisla- as I think they clearly have a right to, on his amendment? Kind of a double tion to the floor—again, the Senator how each individual Member is han- standard. He wants it all his way, with- wants everything accommodated to his dling the situation. If a Member actu- out thinking about the rest of the Sen- wishes because if you read the unani- ally has the gall, in my opinion, to say: ate. Well, again, that is why I keep mous consent request, the Senator No, all these people who work for me saying we need the rules changed so asks the Senate then proceed—well, are not ‘‘official staff’’ and therefore that not one person can demand such there is a word missing there—it they can right out ignore the clear lan- outrageous accommodations. means: to the consideration of S. 1197, guage and mandate of ObamaCare that Again, this bill is so important to get the Defense authorization bill. says Congress and all staff must go to passed and to get to the President so That is the right of the majority the exchanges for their health care— we can begin this process of protecting leader. It is the majority leader’s right people have a right to know that. the health and safety of the American to bring legislation on the floor—not By the way, a lot of Members, includ- people. We know how to treat my right, not the right of the Senator ing myself, say: No, we are all going to compounders, and they have to register from Louisiana, not the right of a Sen- the exchanges. That is what the law and stop doing what they have been ator from anyplace else. I do not know says. It is perfectly clear, and that is doing in the past. This is vitally impor- if the majority leader wants to go to what we are going to live by. A lot of tant. the Defense authorization bill next. I Members are doing that. The Senator says: Well, we can expe- do not know, but that is not my deci- Either way, the public should know dite it if only you will do it my way. sion to make. But the Senator from what is going on. There should be full Why should we have to do it his way? Louisiana says he wants to make that disclosure, and that is all the provision When 97 people already voted on this decision, and to make sure the Senate I am discussing today does. bill, when it passed the House by unan- does just that. I would say to the Sen- It has been completely cleared by imous consent, why should it be: Well, ator from Louisiana, well, when he be- hotline on the Republican side. There this one Senator has the right to stop comes the majority leader, he would is no objection. I would urge us to this bill, slow it down, unless we meet have that right. move forward with a simple, straight- the demands of that Senator? Yes, it is So he wants, again, to be able to forward vote on it, so we can expedite outrageous in terms of how we conduct bring up his amendment—again, which consideration of this bill on the floor, our business in the Senate. has nothing basically to do with the

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.038 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7986 CONGRESSIONAL RECORD — SENATE November 13, 2013 Defense authorization bill—and, again, not fewer. If there is a side-by-side up-or-down vote in whatever context that no second-degree amendment be in idea, that is fine by me. I am com- presents itself this calendar year, on order on his amendment—again, a lit- pletely open to that. I simply made this bill or any bill. I am open to other tle bit of a double standard. these concrete suggestions because, suggestions. He wants the right to offer a non- based on what I know of the majority I yield the floor. germane, nonrelevant amendment to a leader’s plans for the rest of the cal- The PRESIDING OFFICER. The Sen- bill, but nobody can offer any amend- endar year, these are going to be the ator from Nevada. ments to his amendment in the second amendment opportunities. Mr. HELLER. Mr. President, I ask degree. Well, I think we see this for By the way, the only reason I put in unanimous consent to speak as in what it is. The Senator obviously my second consent to turn to the De- morning business for 10 minutes. wants to vote on his amendment, fense bill is because that is exactly The PRESIDING OFFICER. Without maybe today, maybe tomorrow, maybe what the majority leader articulated as objection, it is so ordered. next week, maybe next month; I do not his desire, his plan, to turn to that as CONDOLENCES TO SENATOR INHOFE know how many times he wants to vote soon as possible, to take up amend- Mr. HELLER. Mr. President, before I on his amendment. He was offered the ments. begin, I would like to offer my condo- right for an up-or-down dispositive So I am open for any reasonable op- lences to my friend and colleague from vote on that amendment. portunity this year for this vote. Oklahoma Senator INHOFE and his fam- My understanding is—it is only my Again, this is a pure disclosure provi- ily on the tragic loss of their son understanding; I do not know whether sion. I do not see why it should be par- Perry. Both my wife and I will con- this is correct—that was turned down tisan or controversial. It has been tinue to keep their entire family in our by the Senator from Louisiana. So I cleared through the hotline on my side. thoughts and prayers during this very say that is why I objected to both of So if there are any other suggestions of difficult time. these requests, because on the how this can happen, I am completely HEALTH CARE REFORM compounding bill, of the necessity to open to that. I rise today to talk about the Presi- get it through. I do not know whether Unfortunately, I had a phone call dent’s broken promises on ObamaCare the Senator’s amendment would fail or with the distinguished majority leader and its effects on the people of Nevada. lose. I do not. But I do know that the last week and proposed various op- For more than a month now, the Amer- House has said they will not take the tions. His response was simply: No. No. ican people have witnessed how poorly compounding bill back. You might say No. No. No other ideas, no other op- this burdensome law has been imple- the House is unreasonable. I do not run tions. No. But I am completely open to mented. People all over the country the House. I do not run the House. All those other ideas. It is obviously part are frustrated with the problems plagu- I know is the House passed it by unani- of the tradition of the Senate that non- ing healthcare.gov, as they should be. mous consent, sent it over here, and germane amendments are considered The government spent hundreds of said if it is amended, they will not then all the time. In fact, with regard to the millions of taxpayers’ dollars to over- revisit it. That is what the House said. Defense bill, that is the norm, not ex- promise and underdeliver on the signa- So if the Senator’s amendment, as ception. There are usually significant ture legislation of this administration. worthy as it might be to some, is put nongermane amendments, often by the But there are serious problems in addi- on the compounding bill, that is the majority side, sometimes by the major- tion to the Web site, and one glaring end of the compounding bill. That is ity leadership, which are critical votes issue in particular I would like to focus the end of protecting the people of on the Defense authorization bill. That on today. We have all heard from the America, their health and their safety, is not unusual at all. law’s supporters that ObamaCare that we have worked so hard to come I am for more amendment votes, if would give uninsured Americans access together. That is why it has no place there are alternative ideas on this to health insurance. Time and time on this bill. topic, more amendment votes there, again they promised that people who It may have a place, and I say that not fewer. So I look forward to moving already had their health plan could the Senator should have a right for a forward in a productive, effective way keep it. In fact, President Obama made vote on his amendment at some point toward getting this simple vote on dis- the exact promise on numerous occa- on either a relevant bill or a free- closure and toward moving in an expe- sions. standing bill, that the Senator gets the dited way through this bill and to the In a speech to the American Medical right for an up-or-down vote on his Defense bill and whatever else is on the Association in June of 2009, President amendment, either as a freestanding Senate calendar as determined by the Obama said: bill itself or as a relevant or germane majority leader. But, again, so far the . . . no matter how we reform health care, amendment to some other bill on the response is no, across the board, not we will keep this promise to the American floor. He should have that right but not any sort of alternative suggestion. people: If you like your doctor, you will be to stymie, to stop a bill that is so vital Finally, with regard to the idea of able to keep your doctor, period. If you like to the health and safety of the Amer- having one vote and one vote only, your health care plan, you’ll be able to keep ican people. That is why I objected. there is a clear practical problem with your health care plan, period. The PRESIDING OFFICER. The Sen- agreeing to that. That is the following: But one of my constituents sent me a ator from Louisiana. For instance, what if there were one letter last week telling me that that Mr. VITTER. Mr. President, I appre- vote on my disclosure provision on the was not the case. Sunny from the Las ciate the comments of the distin- Defense authorization bill? That bill is Vegas area wrote, ‘‘I wanted to tell you guished floor manager. I want to re- going to a conference committee, so it that we have lost our wonderful health spond very briefly. My goal is a clear would obviously be possible for my insurance plan.’’ Sunny’s family re- up-or-down vote on this pure disclosure amendment to be adopted 100 to 0 and ceived a letter from their insurance proposal. I am open for suggestions for then be dumped in the conference com- company telling them that their exist- that to happen in any reasonable time- mittee and stripped from the bill. Then ing plan did not qualify under the Af- frame, meaning this calendar year. I would have forgone the opportunity fordable Care Act. They were auto- I have focused on these two bills sim- to ever bring up the subject again this matically reassigned to a new plan ply because it seems to me, from what entire Congress. I mean that is a fool’s that cost about $400 more per month. I know of the Senate schedule and floor agreement. I am not going to agree to Let’s remember what the President activity, these are going to be the only a fool’s agreement. I need to be able to said, this time in August of 2009, during opportunities in terms of amendments protect my right to revisit the issue, his weekly Presidential address about proposed. If there are other opportuni- particularly when it would pass what he called ‘‘phony claims’’ regard- ties we can identify for this year, if we through a vote under that scenario and ing health reform: can identify an opportunity for a vote then be stripped in conference. If you like your private health insurance on a freestanding bill, I am all ears. I So I hope we find a productive way plan, you can keep your plan. Period. am completely open to that. I want forward. Again, this is a pure disclo- But yet another one of my constitu- more amendment votes in the Senate, sure provision. I am going for a simple ents, Kirk from northern Nevada, was

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.039 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7987 just notified that his current health in- tion from my insurance company informing Mr. MURPHY. I ask unanimous con- surance has been cancelled. He went to me that my current policy is being discon- sent that the order for the quorum call the exchange to find a new policy and tinued. I then began shopping for new poli- be rescinded. shared his story with me. He wrote: cies for myself and my family and have The PRESIDING OFFICER. Without found that rates are two to three times what objection, it is so ordered. . . . despite higher deductibles and higher I am currently paying and that my max out co-pays, my new insurance under this dev- of pocket will double, all for basically the GUN VIOLENCE astating law will be more than 250% of what same plan as what I have now. In essence, Mr. MURPHY. Mr. President, reports I am paying now. I’ve been put into a situation where I can ei- are emerging of another school shoot- Again, March 15, 2010, just a few days ther save for my kid’s college education or ing today. Early reports out of Pitts- before the law was passed—albeit buy healthcare. burgh are that three people have been unread—by a party-line vote and But this particular letter closes with shot at a high school. The police right signed into law, President Obama said: something that really highlights the now are searching for the shooter in If you like your plan, you can keep your tough financial decisions facing the the woods surrounding the high school. plan. If you like your doctor, you can keep American people in these difficult eco- We hope and we pray that the three re- your doctor. nomic times. This father says: ported victims will survive. I wonder how President Obama and I’m unfortunately one of those people who This is becoming part of our regular the law’s supporters would explain that makes too much money to qualify for Fed- work week in Washington; that we can statement to Marc in Reno. Marc re- eral subsidy, but not enough to sell my house expect at some point during the week which is still underwater from the housing that we are going to turn on the TV to ceived a letter telling him that his cur- crisis of 2008. rent plan was no longer offered. The one of the cable news networks and This is the reality of the health care find a live report from a school or a plan, the letter detailed, was cancelled law. Now, in addition to trying to save in order to ‘‘meet the requirements of mall or a church somewhere in this for his children’s education and at- country where a shooting is in the new laws.’’ Marc was given the op- tempting to recover from the housing tion to keep his plan for 1 additional progress. It is happening at a rate I crisis, a father has been forced off the don’t think any of us could have ex- year if he accepted a rate increase, plan he likes. even though he just saw a rate increase pected. This number is growing at a The options available are two or rate I don’t think any of us could have in September. three times more expensive. These sto- Mark goes on to tell me: expected. ries don’t fit with the narrative we I brought this chart to the floor of As an individual health care plan holder have heard for nearly 5 years. Presi- the Senate for about 6 months since and a self-employed individual, the ACA ap- dent Obama is now trying to backtrack pears to punish me for doing the right thing the failure of our commonsense anti- by having a health care plan for the past 10 on the dozens of times he made his gun violence bill this spring. This num- years and rewards those who did not. promise to the American people. Only ber represents the number of Ameri- last week he said: But yet as recently as this past July, cans who have died of gun violence President Obama promised: Now, if you have or had one of these plans since December 14. before the Affordable Care Act came into law December 14 means something to ev- If you already have health care, the only and you really liked that plan, what we said erybody in this Chamber but certainly thing this bill does is make sure that it’s was you can keep it if it hasn’t changed to those of us from Connecticut. That even more secure and insurance companies since the law passed. can’t jerk you around. is the day in which 26 6- and 7-year-olds That is just not true. That is not and the teachers who protected them President Obama made this state- what he promised. Now my constitu- died in Sandy Hook—10,465 additional ment more than 2 years after his ad- ents are receiving cancellation notices people have died. ministration admitted in comments in for their existing plans. I have tried to come down to the Sen- the Federal Register that 40 to 67 per- The administration argues that even ate floor since the failure of that bill to cent of existing individual policies though many people are losing their try to tell the stories of these victims. would lose their grandfathered status. existing plans, those plans were subpar If statistics don’t do the job, if the The President knew millions of Ameri- policies and their new policies will be sheer numbers alone don’t convince cans stood to lose their existing poli- better, but that ignores the promise. people that something should change, cies but he repeatedly told the Amer- My constituents liked their plans. then maybe hearing about who these ican public in no uncertain terms that They decided what was best for them, people are might change things. We they could keep their plan. what plans fit their individual and fam- hope we will not add to this number I think Steven from Washoe County ily needs. with some new young victims from the would likely take issue with that The President and the administra- reported shooting in Pittsburgh today. promise. He told me that he now has tion knew before the legislation passed These shootings happen in unlikely health care that costs $293 per month. that millions of Americans would lose places. Schools, now, unfortunately, However, he just received a letter from their current plans. They admitted it are a likely place for a shooting to hap- his health care provider informing him in the Federal Register after the bill pen because they seem to happen with that the cost of his health care would was signed into law, but the whole some regularity in schools, in part be- increase to $546 per month on January time they continued to promote this cause we do very little, if anything, to 1. That means his health insurance promise and dismiss any concerns as stop them with legislation from this costs will nearly double next year. fearmongering or phony claims. That is Chamber. There is nothing affordable about unacceptable. They are happening in other unlikely that. There is nothing secure about These personal stories are why I am places as well. Clubs—for instance, in that. proud to cosponsor the If You Like New Haven, CT—have been the site On September 26, just days before the Your Health Plan You Can Keep It Act, four times just this year of major exchanges opened to a disastrous roll- introduced by my colleague Senator shootings. Only a few weeks ago, on out, the President repeated yet again JOHNSON of Wisconsin. This is a simple October 26, police in New Haven re- what the administration knew was not but necessary bill to give Americans sponded to an early Saturday morning true: the ability to keep their health plans if shooting at a place called the Key Club . . . the first thing you need to know is they like them. The people of Nevada Cabaret. They arrived and found that this: If you already have health care, you deserve better, and they deserve to 26-year-old Erika Robinson had been don’t have to do anything. have a government that keeps its killed in a shooting spree that also in- Well, I have another letter here from promises. jured 19-year-old Amanda John, 29- a father from Reno. He writes: I yield the floor and I suggest the ab- year-old Jahad Brumsey, 24-year-old I am writing to tell you that I’m now eat- sence of a quorum. Nijia Ward, 34-year-old Albert ing crow. A few weeks back I wrote to you The PRESIDING OFFICER. The Dickerson, as well as 25-year-old Ivette and expressed my support for health reform clerk will call the roll. Sterling. and my dissatisfaction with the government The assistant legislative clerk pro- Officers rushed to the scene as hun- shutdown. Since then, I’ve received notifica- ceeded to call the roll. dreds of patrons were running out.

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.045 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7988 CONGRESSIONAL RECORD — SENATE November 13, 2013 They walked in and found six victims So even when we try to engage in even went down, but it didn’t stay of gun violence—a dispute in a club re- these discussions, we can’t have them stopped long. sulting in the death of Erika Robinson because the folks who get their money Look at the linear trend for the and several more being injured. from the gun industry, whether it be whole data set from 1970 to 2013. No one Only a few days ago, in Cypress, TX, the NRA or these magazines, aren’t can deny over this period the Earth is there was another shooting at a house even allowed to have these conversa- warming. This decade was warmer than party in which two high school stu- tions, despite the fact that 84 percent the last, which was warmer than the dents were killed and 19 others were in- of gun owners support universal back- one before that, which was warmer jured shortly before 11 p.m. on Novem- ground checks, despite the fact that 50 than the one before that. ber 9, 2013. There was a house party percent of gun owners support a re- Let’s look at NASA’s entire historic celebrating a young woman’s 18th striction on high-capacity ammunition surface temperature record going back birthday. And because of a local dis- clips, despite the fact that 46 percent of to the 19th century. Listen to what pute between two rival groups, Qu’eric gun owners think it is a good idea to University of California Berkeley phys- Danarius Bernard Richardson, 17 years ban high-powered assault weapons. ics professor Richard Muller has to say old, was killed, and Arielle Shepherd as Organizations such as Guns & Ammo about the temperature record. well. According to authorities, Rich- and the NRA are out of step with gun The frequent rises and falls, virtually a ardson was shot in the head while he owners who don’t want to see this num- stairstep pattern, are part of the historic was running away from the house ber continue increasing, who don’t record, and there is no expectation that they party. When students returned to want to turn on the TV and see another will stop, whatever their cause. . . . [T]he school on Monday, there was a lot of school shooting. land temperature record . . . is full of fits and starts that make the upward trend van- crying as they mourned the death of The reason I come here to talk about ish for short periods. Regardless of whether two of their classmates. who these victims are is because the we understand them, there is no reason to School parties celebrating 18th birth- conscience of this Nation should be expect them to stop. days, clubs in places like New Haven enough to move this place to action, Here you can see again these short and Bridgeport, CT—not places you and it is about time gun owners and steps in the upward march. think of going where you might end up nongun owners alike get together to do One reason we can’t expect these up- being shot at when you walk into something about this. There is much ward steps to stop is that we know them—are now the scenes of pretty vi- more agreement than there is disagree- what is driving them. What is driving cious shootings, as are our schools. ment among both people who own guns climate change is something even And shootings are increasingly hap- and people who choose not to own guns. contrarian scientists accept; that is, pening in another way as well—by acci- Whether it is background checks or a more carbon dioxide leads to more dent. Unfortunately, in preparation for ban on illegal gun trafficking or just a warming. Simple as that; a 150-year-old a lot of these speeches, I riffle through simple requirement that you get a lit- established basic principle of physics. a lot of pretty grizzly reports and in- tle bit of training on how to use a gun This is the October 1861 edition of the creasingly I am seeing more and more so you don’t fire it accidentally and London, Edinburgh, and Dublin Philo- accidental shootings ending up in trag- end up shooting your best friend, there sophical Magazine and Journal of edy. In Waterbury, CT, again, just a are simple commonsense bipartisan Science. It includes a manuscript by few weeks ago, Dow Kling and Shawn things we can do to make sure this physicist John Tyndall entitled ‘‘Radi- French, both 22 years old, were playing number doesn’t continue to accelerate ation of Heat by Gases and Vapours.’’ around with their .22 caliber Ruger in- at the pace that it has since December He says: side an apartment in Waterbury when 14. [T]o account for different amounts of heat the gun went off and Dow was shot to I thank the Chair, I yield the floor, being preserved to the Earth at different death. His best friend Shawn French, and I suggest the absence of a quorum. times, a slight change in [the atmosphere’s] who shot him, said: The PRESIDING OFFICER. The variable constituents would suffice for this. I’m sorry. I wish it was me and not him. I clerk will call the roll. Such changes in fact may have produced all wish I could trade places with him, I really The bill clerk proceeded to call the the mutations of climate which the re- do. roll. searches of geologists reveal. A week earlier, in Henderson, NV, an- Mr. WHITEHOUSE. Mr. President, I The ‘‘variable constituents’’ to which other example where Cherish Pincombe ask unanimous consent that the order Tyndall refers include carbon dioxide, was playing around with a gun with her for the quorum call be rescinded. methane, and water vapor. That is friend Colin Lowrey. The Remington The PRESIDING OFFICER (Mr. MUR- from 1861. President Lincoln took of- .45 was loaded. They didn’t know it was PHY). Without objection, it is so or- fice that year. Yet here we are today loaded, and Colin shot Cherish dead, 23 dered. having to explain on the floor of the years old. She was described as follows: Mr. WHITEHOUSE. Mr. President, I Senate the physics of what carbon di- An amazing coworker. She was so caring. ask unanimous consent to speak as in oxide does in the atmosphere. She was kind. She was always helpful. She morning business for up to 20 minutes. It is not just the principle that is es- always wanted to do something to help you The PRESIDING OFFICER. Without tablished. There are lots of measure- out. She was very generous. objection, it is so ordered. ments. The carbon dioxide in our at- And just because they didn’t under- CLIMATE CHANGE mosphere now exceeds 400 parts per stand the gun was loaded, and they Mr. WHITEHOUSE. Mr. President, I million. For the last 800,000 years—at were being reckless and playing around am here today for now the 50th time to least 800,000 years, and perhaps actu- with a firearm, Cherish is dead. urge my colleagues to wake up to what ally millions of years—we have been in So that is why people out there don’t carbon pollution is doing to our atmos- a range of 170 to 300 parts per million. understand why we can’t have an hon- phere and our oceans. Once a week—50 That has been the whole of human ex- est conversation about change. Even weeks—every week. Why? Why do I do istence. Homo sapiens have been when those conversations are attempt- this? around for about 200,000 of those 800,000 ing to take place, they get shut down First, because it is real. It is very years, and it is only now—it is only and cut off. A pretty innocent op-ed real. It is happening. Here is the since the industrial revolution—that piece in the Guns & Ammo magazine change in average global surface tem- we have broken out of that safe window suggested that maybe people should perature since 1970. It is pretty hard to that has protected us through that en- get a few hours of training before they deny. Of course, if you are a denier, tire history of our species and now we get a concealed carry permit. As a con- you will look at it and you will see have broken to 400. And that is a meas- sequence of running that editorial, the from the same data that it stopped. urement. editor of Guns & Ammo had to resign The denier who tells you it stopped Look at the oceans. Oceans have ab- and step down, simply because he ran won’t tell you that it stopped five sorbed more than 90 percent of the ex- an op-ed by an author that suggested times earlier on the way up. In fact, cess heat caused by greenhouse gases maybe people should get some training you could say that climate change has over the last 50 years. Absorbing all before they have a concealed weapon. stopped six times since the 1970s, and that heat makes the oceans rise.

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.046 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7989 Oceans have absorbed about 30 percent nied, will not believe it as much of a rover to Mars, they landed it safely on of our carbon emissions, which would need for what a lying and denying Mars, and they are driving it around on otherwise be in the atmosphere causing America has to offer. This episode will Mars right now. I will put NASA sci- more warming. Absorbing that carbon darken the lamp America holds up to entists up against the polluters’ pay- makes the oceans more acidic, and that the world. We are a great country but roll scientists all day long. is all stuff we measure. not when we are lying and denying it is We have insurers and reinsurers At the Newport tide gauge, sea level real. The atmosphere is warming; ice is whose business depends on under- is up almost 10 inches since the 1930s melting; seas are warming, rising, and standing the mounting risk of natural when we had our catastrophic 1938 hur- acidifying. It is time for the misleading disasters, folks such as Munich Re, ricane in Rhode Island. You measure fantasies to end. Swiss Re, Allianz, and the Reassurance that. It basically takes a ruler. Here is how we go forward. First, Association of America. We have State We are about 3 to 4 degrees warmer price carbon right. Make the big car- and local governments that are already in the winter in Narragansett Bay than bon polluters pay a fee to the American active. Nine Northeastern States, for we were 50 years ago when my wife’s people, as I have proposed with Rep- instance, including my own Rhode Is- URI mentor was doing his doctoral the- resentatives WAXMAN and BLUMENAUER land, engage in cap and trade through sis—3 to 4 degrees. You measure that. and Senator SCHATZ; a pollution fee to the Regional Greenhouse Gas Initia- It takes a thermometer. cover the cost of dumping their waste tive. Four Florida counties share re- And the ocean is acidifying at the into our atmosphere and oceans, a cost sources and strategies for adapting to fastest rate recorded in 50 million which they now happily push off onto climate change through the bipartisan years. You measure that with a litmus the rest of us. I know at present polit- Southeast Florida Regional Climate test, which anybody with an aquarium ical conditions do not allow us to price Change Compact, and those are just does. carbon, so we must change those polit- two examples of many from around the country. It is one thing to be against science, ical conditions, and we can. A coalition of investors worth nearly it is another to be the party against Recently, President Obama changed $3 trillion just wrote to 45 fossil fuel measurement. So the polluters and the calculus for polluters: carbon pollu- companies seeking explanation about front groups don’t talk much about the tion standards for new and existing risks facing their fossil fuel invest- oceans, but that doesn’t change the powerplants, no more unchecked car- ments. Divestment campaigns are pop- fact this is real and it is past denying. bon dumping. Fifty powerplants emit ping up at college campuses across the That takes me to the second reason I one out of every eight tons of Amer- Nation. Major utilities accept the do this, and that is that it is plain old- ica’s carbon dioxide emissions. These 50 science and are investing in renewables fashioned wrong when people lie and dirtiest U.S. powerplants emit more and improving efficiency. Energy com- trick other people, particularly when than Canada or Korea. When the big panies PG&E, the Public Service Com- people are going to be hurt by the lies. polluters see the costs of complying pany of New Mexico, and Exelon all And it is worse when there is money with those new standards coming down quit the U.S. Chamber of Commerce behind the trickery—when it is pur- at them, they may take a second look after a Chamber official called for put- poseful. Lies cannot go unanswered, at an economywide carbon fee. Here is ting climate science on trial such as and that is another reason that I a news flash. When the polluters’ cal- the Scopes ‘‘monkey trial’’ of 1925. speak. culus begins to change, the political America’s flagship companies such as There isn’t just lying going on. There calculus in Congress will change too. General Motors, Ford, Coca-Cola, is a whole carefully built apparatus: Nothing says we have to wait for the Pepsi, Nike, Apple, Walmart, and Alcoa phony-baloney organizations designed polluters to figure this out on their all recognize the serious implications to look and sound like they are real, schedule. There are armies on our side. of climate change. This support is la- messages honed by public relations ex- It is not just the environmental groups tent, though, and it is unorganized. It perts to sound like they are true, pay- such as the Natural Resources Defense is time to wake up and to gather our roll scientists whom polluters can trot Council, League of Conservation Vot- armies. We have to create allied com- out when they need them, and the ers, Environmental Defense Fund, Si- mand, assemble our divisions, agree on whole thing big and complicated erra Club or National Wildlife Federa- a strategy, and go into action. That enough to be fooled into thinking it is tion. It is not just virtually every will affect the calculus in Congress. not all the same beast. But it is. It is major scientific organization, such as Most important, we have the Amer- akin to the mythical Hydra—many the American Association for the Ad- ican people. Sixty-five percent of vot- heads, same beast. vancement of Science, the American ers support the President taking sig- One day folks are going to look back Geophysical Union or the American nificant steps to address climate at this and those behind it are going to Meteorological Society. change now. Another poll found that 82 be disgraced for what they did and it is We have faith-based groups such as percent of Americans believe we should going to be a scandal. That is the third the U.S. Conference of Catholic start preparing now for rising sea lev- reason I speak. We are all going to be Bishops, the National Council of the els and severe storms from climate judged very harshly, with all the dread Churches of Christ, Interfaith Power & change. Those in Congress who would power that history has to inflict on Light, the Coalition on the Environ- deny science to protect the polluting wrong. The polluters and their collabo- ment and Jewish Life, and the Jewish interests increasingly look ridiculous, rators will be judged harshly. The Re- Council for Public Affairs. We have even to their own side. Misleading publican Party will be judged harshly fishing, wildlife, and outdoor groups statements in the media, such as the for letting itself be led astray by them. such as Trout Unlimited, Pheasants stuff purveyed by the opinion page of But—and here is where it truly hurts— Forever, and Ducks Unlimited. They the Wall Street Journal, are losing the failure of American democracy this are joined by major sports leagues such their battle and losing their audience. is causing will also be judged harshly as the National Football League, Major It is not just time to wake up. People and will stain the reputation of our League Baseball, National Basketball are waking up. Inevitably, the truth great American experiment. We in this Association, and National Hockey will be fully known. generation have been passed this pre- League, as well as the American Lung The polls show clearly that climate cious experiment by generations before Association—which prefer to see kids denial is a losing tactic. Four out of us that fought, bled, and died to put it playing outside in clean, healthy air. five voters under 35 support the Presi- safely in our hands—and we do this. We We have the Joint Chiefs of Staff on dent taking action to address climate foul it, by lying and denying for a our side, joined by NASA, the National change. Fifty-two percent of young Re- bunch of polluters. Some generation we Academies, the National Oceanic and publican voters would be less likely to are going to be. Atmospheric Administration, even the vote for someone who opposed the If we believe this world needs Amer- Government Accountability Office, the President’s climate action plan. Even a ica, this matters. Because a world congressional watchdog. By the way, majority of Texans say more should be fouled and changed by carbon pollu- about NASA—let’s not forget that done about global warming by all lev- tion, in ways we could foresee but de- NASA scientists sent an SUV-sized els of government, with 62 percent of

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.048 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7990 CONGRESSIONAL RECORD — SENATE November 13, 2013 Texans saying more should be done in THE ECONOMY tribute more to the local economy. And Congress. For those last holdout Mr. COONS. Mr. President, I come to manufacturers invest more in private deniers comes this: Fifty-three percent the floor once again to talk about jobs R&D than any other sector in our econ- of young Republican voters under age and economic growth. omy. 35 said they would describe a climate We are continuing to see signs of a Mr. President, as you know, before I denier as ignorant, out of touch, or steadily improving economy, with came here to the Senate and before my crazy. more than 200,000 jobs created last service in county government, I spent 8 Republicans outside of Congress are month in the jobs report just released years with a manufacturing company trying to lead their party back to re- last Friday. Of those, 19,000 were new in Delaware. At one point I was part of ality and away from what even young manufacturing jobs. We have had 43 a large site location team that went Republicans are calling ignorant, out straight months of private sector job around the country to try to decide of touch, and crazy extremist views. growth, but the unemployment rate re- where to build a new state-of-the-art They support a revenue-neutral carbon mains stubbornly high and sadly par- semiconductor chip packaging manu- fee: Republicans such as our former ticularly for those who are long-term facturing plant. To make a long story colleagues in Congress, Sherwood unemployed. short, in the end we decided on a loca- Boehlert, Wayne Gilchrest, and Robert Earlier today the Budget Conference tion where there was a skilled and reli- Inglis; Republicans such as former En- Committee met, and we heard from able workforce, a responsive govern- vironmental Protection Agency Ad- Congressional Budget Office Director ment that invested in the local infra- ministrators William Ruckelshaus, Lee Dr. Elmendorf. He let us know that in structure, and certainly we considered Thomas, William Reilly, and Christine his view, the uncertainty—the lack of other factors—tax rates and incentives Todd Whitman, who served under clarity about the path forward for all offered by the State and local govern- Presidents Nixon, Reagan, George H.W. of us here, for the solutions we need for ment—but really the skill of the work- Bush, and George W. Bush respectively; the budget and for the deficit—is one of force and the quality of the infrastruc- advisers such as President Reagan’s the greatest drags on job creation and ture were absolutely essential to the Secretary of State George Schultz, on competitiveness for our country and decision we made—a surprising deci- Reagan’s economic policy adviser, Art our economy. sion in terms of where we ultimately Laffer—known as Reagan’s econo- In our Budget Conference Committee, located. We invested and were able to mist—and David Fromm, speech writer we need to come together and reach a get up and running a state-of-the-art for George W. Bush. balanced budget deal that repeals se- plant in record time and were able to Here is what the Republican Presi- quester and allows the Appropriations contribute significantly to local em- dential nominee had to say 5 years ago: Committee—ably led by Chairman MI- ployment and the tax base. This taught [I]n the end, we’re all left with the same KULSKI—to move forward with an Om- me a lot about the significance of in- set of facts. The facts of global warming de- nibus appropriations bill for this fiscal frastructure and workforce skills. mand our urgent attention, especially in year. We cannot afford, in my view, an- If I could mention this, the World Washington. Good stewardship, prudence, and simple common sense demand that we other long-term continuing resolution Economic Forum ranked the United [act to] meet the challenge, and act quickly. at the current sequester levels. States 25th overall in infrastructure, a . . . We have many advantages in the fight As we heard today from Dr. Elmen- key drag on our competitiveness. The against global warming, but time is not one dorf, and as we have heard from other American Society of Civil Engineers of them. sources, the sequester will have killed says we are falling behind by $250 bil- [T]he fundamental incentives on the mar- 750,000 jobs by the end of the year, and lion a year in deferred maintenance, in ket are still on the side of carbon-based en- next year these ongoing, steady, grind- investments not made by Federal, ergy. This has to change before we can make the decisive shift away from fossil fuels. . . . ing cuts could kill another 800,000. State, and local government. In my [T]here were costs we weren’t counting . . . These are jobs. These are investments view, the case for infrastructure in- [a]nd these terrible costs have added up now, by the Federal Government that could vestment is a no-brainer. This is ex- in the atmosphere, in the oceans, and all be helping the private sector create actly the sort of thing we should be across the natural world. . . . We Americans jobs in repairing our crumbling infra- doing and that the sequester is pre- like to say that there is no problem we can’t structure. In Delaware alone, we have venting us from doing, making wise, solve, however complicated, and no obstacle 175 deficient bridges being neglected. timely, and needed investments in im- we cannot overcome if we meet it together. These are jobs that help families to put I believe this about our country. I know this proving our infrastructure. about our country. And now it is time for us food on the table. In Kent County, DE, Another critical foundation for to show those qualities once again. where Dover Air Force base is, seques- growth, as we saw, is a skilled and It is indeed time for us to show those ter has hurt those who serve our Na- adaptable workforce. We can be the qualities once again. It is time to wake tion who operate the base and serve world’s manufacturing leader again but up. It is time to turn back from the our country valiantly. These are jobs not without investing in workforce misleading propaganda of the pol- that could be going to help research a skills and in workforce training. There luters, the misguided extremism of the cure for cancer. NIH supported more are many programs that can help make tea party, and the mistaken belief that than 500 jobs in Delaware in 2011. Now this possible. One I like to point to is we can ignore without consequence the cuts are costing those jobs and setting the Federal, State, and local partner- harm our carbon pollution is causing. us back in the fight to find a cure for ship called the Manufacturing Exten- It is time to face facts, be adults, and cancer and many other diseases. sion Partnership that helps make it meet our responsibilities. Sequester has been devastating to possible for university-based research- I give these speeches because climate Delaware and the whole Nation. We ers to partner with local manufactur- change is real, because the campaign of need to replace it with a smarter, more ers to deliver skills training that keeps denial is as poisonous to our democ- balanced set of spending reforms that them at the cutting edge, that makes racy as carbon pollution is to our at- maintains investments that will allow them more productive. mosphere and oceans, and because I am our country to be competitive. In par- In today’s modern manufacturing confident, I am confident we can do ticular, if I might, we need to refocus workplace, there are fewer people, but this. We can strengthen our economy, on jobs by investing in infrastructure they are more productive because of we can redirect our future, we can pro- and focusing on manufacturing. their skills. Back in August I visited a tect our democracy, and we can do our In my view, the 19,000 jobs in the new facility, the ILC Grayling plastics duty to the generations that will fol- manufacturing sector that we just manufacturing plant in Seaford, DE, low us and will look back in shame un- learned were created in the last month which is a great example of what it will less we change our program. But we were a promising development but far take for America’s manufacturing re- have to pay attention. We have to from as many as we should be filling. surgence to continue and grow. This wake up. Why? Because manufacturing jobs are plant has already brought more than I yield the floor. high-quality jobs. They pay more in 100 jobs to Sussex, DE. These are not The PRESIDING OFFICER. The Sen- wages and benefits. They help create the manufacturing jobs of the past. ator from Delaware. secondary local service jobs. They con- The men and women working on this

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.050 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7991 line need to be able to collaborate and only a little over 100,000 people have ing her health insurance plan also. The communicate, to do advanced math actually signed up. reason she is losing it is it does not and adequate quality control work and The reason the numbers are so low meet the President’s requirements that oversee high-tech machinery and have and so disappointing is that the Web she have maternity coverage. As she an intimate understanding of the prod- site is totally broken and the American points out, she doesn’t need maternity ucts they are working with. In the end, people are discovering that the cov- care, she said, because she has had a this company looks forward to grow- erage offered on the exchange often hysterectomy and she doesn’t like ing, to probably doubling the number costs them more than they can afford, Washington telling her that she has to of jobs in this facility in Sussex Coun- and more than they were previously pay twice as much to get a plan that ty. To me, in an even more exciting de- paying. So far, the ObamaCare ex- covers it—something she doesn’t want, velopment, these are jobs that had left changes have only succeeded at crash- will never use, doesn’t need, cannot af- the United States to go south to a ing people’s computers or lightening ford. lower wage country and that have been their wallets. When it comes to health care and brought back, brought back from To make matters worse, for every health care coverage, one size does not Juarez, Mexico, to Seaford, DE, where one person who has selected an fit all. States should be free to help the there are now Delawareans employed ObamaCare plan—either from the State citizens of those States get the care in this newly expanded manufacturing or Federal exchanges—40 people have they need from the doctor they choose facility. received cancellation notices. This is at lower costs. A lot of people in this Let me conclude by simply saying not what the President repeatedly country do not want all these new that here in Congress we have the op- promised and it is not what the Amer- mandates, all the burdens and the portunity, if we work together across ican people deserve. higher costs. All they actually wanted the aisle, to find a pathway toward Enough is enough. It is time to give was President Obama to keep the making these investments in the skills Americans what they wanted all along: promises, to allow them to have what of our workforce, in the infrastructure access to quality, affordable health the President promised them: that of our country, that will help grow our care. It is time to stop this train wreck they could keep the insurance and the economy and help create good manu- and ease the damage being done by this doctor they already had. After all, that facturing jobs today and tomorrow. terrible law. is what the President said. One of the core challenges we face in To help make that happen, Senator We have millions of people getting GRAHAM and I will soon introduce a bill the budget conference committee is to letters from their insurance company that lets States opt out of some of the find a path forward that will respond to canceling their insurance plans. As of health care law’s most burdensome the call that I hear up and down the today I know that number is over 4.2 provisions. Under the State Health State of Delaware, and I presume my million—42 people canceled for every 1 Care Choice Act, States could opt out colleagues hear from their home that actually got insurance through of the individual mandate that requires States, that we should make principled the exchange. One of the reasons for all people to buy government-approved compromises that allow us to invest of the insurance plans being canceled, health insurance or face a tax penalty. again, to replace the sequester with a in spite of what the President told the They could opt out of the employer more responsible and balanced package American people repeatedly, is some- mandate that will force businesses to thing called the grandfather regulation of revenue and cuts that allow us to re- provide government-approved health turn to investing in the skills and in- that the Obama administration actu- insurance or pay penalties. ally wrote. The President’s own people frastructure necessary to grow our Under our bill States could also opt wrote the regulation so that people economy. out from the health care law’s benefits cannot keep the insurance they want, I yield the floor. mandates. These are the requirements The PRESIDING OFFICER (Mr. in spite of the President’s repeated that health insurance plans provide nu- BROWN). The Senator from Wyoming is promises. This was a rule the Obama merous expensive services that many recognized. administration wrote to force more people may not want, may not need, OBAMACARE people off the insurance plans they had will never use, cannot afford, and do Mr. BARRASSO. Mr. President, it not want to pay for. The Obama admin- before the law was passed, and force has now been more than 6 weeks since istration has already issued hundreds them into new Washington-approved the Obama administration launched its of waivers to businesses and it has de- plans. Three years ago Republicans saw health insurance marketplace. This layed the employer mandate by a year. that this regulation was going to lead afternoon, the Obama administration States should have the same oppor- directly to the millions of cancellation finally confirmed how few people have tunity to give relief to their citizens. been able to select insurance through We know the numbers coming out of letters that have now gone out across the exchange. According to the White Wyoming. In Wyoming we see over the country. My colleague from Wyo- House, only 106,185 people have selected 3,000 people have received cancellation ming, Senator ENZI, took the lead and coverage since October 1. This doesn’t notices. Yet only 85 people have been he took to the Senate floor to try to mean people actually bought their cov- able to select a plan. I was at the Tar- stop this destructive rule from the erage, it just means they selected a get store in Casper this Saturday. A Obama administration. He introduced a plan. former patient came up to me, some- bill that would immediately overturn For most of these, it was through the body I had operated on. He told me he the administration’s restrictive regula- State-based exchanges. People may be had received a cancellation notice. He tions about people keeping their plans. wondering how the Washington-run ex- is a small businessman, works hard for Senator ENZI pointed out back then, 3 change did. Only 26,794 people selected himself and for his family, and the in- years ago, that the administration’s a plan through healthcare.gov. It is surance he had worked for him. It was rule would have caused millions of peo- safe to say, if this were a commercial something he could afford. What he ple to lose the insurance they had and Web site, the plug would have been told me is he will now have to pay a that they liked. He was right, and the pulled by now. They came, they saw, higher premium and also more out-of- Washington Democrats, here on the they did not buy it. pocket costs in terms of a higher copay floor of the Senate, did not seem to Low expectations met with even and higher deductibles. Frankly, he is care. Every Democratic Member of this lower reality. The numbers paint a not sure what he is going to do. body, every Democrat in the Senate, bleak picture of the confidence the The people I talk to tell me about all voted to make sure that the restrictive American people have in the health of the mandates, the higher costs, the regulations stayed on the books. Be- care law and the faulty Web site cre- bad side effects of the President’s cause of that vote, now we have over 4 ated to sell it. The administration’s health care law, and they tell me this million Americans looking for new in- goal was for a half million people, is not what they wanted in health care surance plans that satisfy Obama ad- 500,000 Americans, to sign up in the reform. ministration mandates, but they have month of October, the month of Octo- I got a letter from one woman from lost their insurance in spite of the ber alone. Instead, we now know that Newcastle, WY. She told me she is los- President’s repeated promises that if

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.052 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7992 CONGRESSIONAL RECORD — SENATE November 13, 2013 they like what they have, they could The PRESIDING OFFICER. Without 2000 and 2010, 60,000 plants closed in keep it. objection, it is so ordered. this country and 5 million manufac- Many of them—such as my friend and NETWORK FOR MANUFACTURING INNOVATION turing jobs were lost. former patient whom I ran into this Mr. BROWN. Mr. President, earlier Since the auto rescue and the more past weekend in Casper—are learning this afternoon, I appeared with Senator aggressive trade enforcement from that their copays and their deductibles BLUNT, my Republican friend from Mis- President Obama—while I do not agree will be much higher than the plans souri, in front of Senator ROCKE- with some of his trade policies, he has they have lost. Once they get those FELLER’s Commerce Committee to talk been more aggressive on trade enforce- plans, many of them are going to find about our bipartisan legislation with ment, through the Commerce Depart- out that their costs have increased— manufacturing hubs. It would promote ment and through the International but not just that; their choice of doc- new technologies to make our country Trade Commission, than any of his tors has shrunk as well. They may not a leader in advanced manufacturing. predecessors in either party. be able to go to their family doctor be- Let me illustrate by saying this: So since 2010, we have seen a begin- cause he or she will not be covered by Along the Ohio Turnpike—from Toledo, ning of growth coming back in manu- their new plan anymore. to Lorain, to Cleveland, to Akron, to facturing—not nearly making up any- Last week President Obama finally Youngstown—much of the auto indus- thing close to the 5 million jobs lost or admitted he and his administration try grew, from glass that would go for the 60,000 plants closed. But the impor- were not, as he said, ‘‘as clear as we windshields in Toledo, to steel in Lo- tance of manufacturing—not just be- needed to be.’’ rain and Cleveland for the fenders and cause it is in my State, where my Not as clear as he needed to be? That the hoods and much of the car, to rub- State is No. 3 in the country in produc- is what the President regrets, that he ber in Akron for tires—the world’s tion, in manufacturing; and only was not as clear as he needed to be? leading tire manufacturer—to assem- Texas, with twice our population, and For the millions of people who are los- bly in Youngstown, where today the California, with three times our popu- ing their doctors, they don’t want an Chevy Cruze is made. If you are on the lation, make more than we do—but the apology; they don’t want a new govern- Ohio Turnpike, you will see this huge importance of manufacturing is the ment handout. What they want is what plant with the big letters ‘‘CHEVY multiplier effect. More than any other they had before this law came into ef- CRUZE.’’ If you have not been at an industry in our country, in manufac- fect. They want President Obama to auto plant or you are not from Ohio turing, for every $1 spent in manufac- live up to his promise and to allow and you may not have seen one, the ex- turing, another $1.48 is added to the them to keep the coverage they had pansiveness of this plant is pretty re- economy. We know what that means in and they liked and that worked for markable. Autos were assembled all the auto supply chain or in the wind them. Even former President Bill Clin- along this turnpike. turbine supply chain or in the chemical ton has called for a change. Remember, But the reason this matters—in addi- supply chain or anything we manufac- the Obama administration has called tion to why it matters in the Presiding ture in this country. But what is hold- President Clinton the so-called ‘‘Sec- Officer’s State of Connecticut and ing us back is this—we never con- retary of Explaining Stuff.’’ They had other places—is not just that the auto sciously follow this—but this sort of him traveling the country, trying to industry, the supply chain, creates ‘‘innovate here, make it there’’ syn- convince people that their health care jobs, but what happens when an indus- drome. Yes, we still have the best sci- law was going to work out well for ev- try sort of locates with a critical mass entists, the best engineers, the best re- erybody. Now it looks as though he is in a community. searchers, the best universities. Wheth- trying to explain to President Obama Because Toledo, OH, with the auto er it is storrs at the University of Con- how badly the President’s own health industry, had huge glass manufac- necticut or in Cleveland at Case West- care law has hurt Americans who are turing, the University of Toledo had ern or in Dayton or in Cincinnati, we losing access to their insurance plans scientists who worked in material have the best universities, the best re- and to their doctors. science and in glass manufacturing. searchers, but too often we do the inno- Bill Clinton said it just the other Today, as a result, while we do not vation, we do the discovery, we do the day. He said: make quite as much glass in Toledo as experimentation that leads to prod- . . . even if it takes a change to the law, the ucts, and then we offshore and make president should honor the commitment the we did for autos, Toledo is one of the federal government made to those people and top two or three largest centers for the products there. let them keep what they got. solar energy manufacturing. Let me give you an example about Well, that is exactly right. Not only Go to Akron, which used to be the why that does not work and what does should President Obama take steps to center of the world for tire manufac- work. There is a small community in keep his promise to the American peo- turing. There is not so much of that Ohio: Minster, OH. It is not far from ple, he should support Republicans who now, although Goodyear’s corporate Wapakoneta, Neil Armstrong’s home- want to help all Americans who are headquarters is still there and there is town—the first man who walked on the being harmed by the President and the a lot of research. But now, again, in moon—and just north of Dayton. It is Democrats’ terrible health care law. partnership with the University of in Auglaize County, where I visited Today’s enrollment numbers show Akron, the scientists who were proc- some time ago. It has the largest yo- what a disaster that law has been, and essing and researching and innovating gurt manufacturer in North America. the President should support the in rubber and tires—now, for polymer When I went in that plant, they had Health Care Choice Act so that States development and manufacturing, just made it more efficient. In the past, can serve their citizens and opt-out of Akron is one of the leaders in the coun- their supplier had delivered little plas- this terrible law. try and in the world. tic cups to this yogurt manufacturer. I yield the floor and note the absence The lesson we learned is what Sen- In the plant they had these big silver of a quorum. ator BLUNT and I were talking about. vats of fermented milk with yogurt, The PRESIDING OFFICER. The We know in Ohio and Missouri manu- and they would squirt this yogurt into clerk will call the roll. facturing is a ticket to the middle these plastic cups and seal it and pack- The legislative clerk proceeded to class. We also know that for too long age it. call the roll. Washington made choices which biased A young industrial engineer and a Mr. BROWN. Mr. President, I ask finance over manufacturing, that left couple of people who had worked on the unanimous consent that the order for manufacturing behind—bad trade line for a decade or so said: We can do the quorum call be rescinded. deals, failure to enforce trade laws, this better. Instead of bringing the The PRESIDING OFFICER (Mr. taxes that did not work for manufac- plastic cups in from a supplier, they BLUMENTHAL). Without objection, it is turing, and a kind of backing off of a did something simple for an engineer— so ordered. focus on innovation and technology. not so simple for me. They took plastic Mr. BROWN. Mr. President, I ask So we have seen communities such as rolls, and they fed a plastic sheet into unanimous consent to speak as in Lordstown and Cleveland and Dayton a machine—the whole assembly line morning business for up to 10 minutes. live with the consequences. Between was maybe 80 feet long—and the plastic

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.053 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7993 would be heated and then extruded and lies who earn their living from manu- there is something wrong with her then cooled slowly, and the yogurt facturing. And it will be particularly qualifications, but just they want to would be squirted into the plastic cup good for our communities. take away the President’s ability and and sealed and sent. I yield the floor. constitutional responsibility to nomi- Now, the innovation took place on The PRESIDING OFFICER. The Sen- nate individuals to fill vacancies. the shop floor. That is what happens. ator from Oregon. So this obstruction, exercised over When you develop a product, wherever Mr. MERKLEY. Mr. President, I ask the last almost 5 years now, has done you manufacture it, the innovation, unanimous consent to speak for up to significant damage to the court. It has the product innovation and the process 10 minutes as in morning business. done significant damage to the execu- innovation—the process innovation The PRESIDING OFFICER. Without tive branch. It prevents qualified nomi- meaning how you make it, the process objection, it is so ordered. nees to get a vote on this floor so that of making it, as they did Dannon yo- NOMINATIONS they can—if they receive a simple ma- gurt in the packaging and the actual Mr. MERKLEY. Mr. President, I rise jority vote of support—work on behalf improvement of the product—it takes to address an issue that should be of of the American people either in their place on the shop floor. That is why concern to all Americans; that is, the executive branch capacity or address- this is so important. advice and consent function of the Sen- ing the huge backlog in our judicial This legislation, the Revitalize ate regarding nominations. This is the system. American Manufacturing and Innova- critical check envisioned by our The Senate has the advice and con- tion Act of 2013, creates a Network for Founders in which the President has sent role which is a treasured responsi- Manufacturing Innovation and would the power to nominate for the execu- bility. It is a weighty responsibility. I position the U.S. as the world’s leader tive branch positions and for judicial think everyone in this body—I think in advanced manufacturing. nominees, and the Senate is held re- all 100 Senators—could agree that We have already done something like sponsible to provide a check to make under advice and consent the Senate this in Youngstown, OH, mentioned by sure there are not outrageous nominees must exercise a significant check on the President in his State of the Union that are placed in positions. the quality of Presidential nominees, message, the first ever National Addi- That is the advice and consent func- whether for the courts or for the executive Manufacturing Innovation Insti- tion which throughout our history has tive branch. tute. It is called America Makes. It is basically been a simple majority func- The Senate should vet nominees. The in conjunction with the University of tion with very rare exceptions. This committees that are related to a par- Missouri and in conjunction with busi- issue comes up at this moment because ticular position should explore their nesses and universities—Eastern Gate- 2 weeks ago the minority of this body background, they should hold a hear- way and Youngstown State in the in the Senate would not allow there to ing, they should ask tough questions, Mahoning Valley and the University of be a vote on whether to confirm Mel they should debate the nominees, and Pittsburgh. It is sort of this tech belt Watt. They did that by preventing then once recommended on the floor of along there. They do something called there being enough votes to close de- the Senate, we should continue that 3–D printing, which is kind of hard to bate. vetting and debating process. Then, conceptualize, until you see it. But it So that blockade was basically put in having shared our insights on their really is something to look for in the place without respecting, if you will, background, we need to vote to confirm future. the fact that Mel Watt is highly quali- We know how to produce in this or reject. fied for his position at the Federal It should be on very rare exceptions, country. We have seen, with some Fed- Housing Finance Agency, a position he when there are extraordinary cir- eral funding matched by $40 million in would hold, and giving the entire Sen- cumstances that make someone unwor- private funds, it is making Youngstown ate the ability to weigh in about a world leader in 3–D printing manufac- thy that they should be blocked from turing technology already. whether they agreed with that judg- having a final vote. Advice and consent We need to build on this momentum. ment, the judgment of the President must not become ‘‘block and destroy.’’ That is why our legislation is so impor- that Mel Watt was well qualified. But advice and consent has become tant. It is supported by manufacturing In the same week, this body also block and destroy. The Senate nomina- associations, semiconductor groups. We blocked an up-or-down vote on Patricia tion process is broken. have seen other countries begin to sort Millett, who was a nominee for the DC A minority of one branch of govern- of mimic it and parrot it and imitate Circuit Court. On this occasion, it was ment, the Senate, should not be able to it. We know we have something here not because folks said she was not systematically undermine the other that will help America lead the world. qualified. They said, instead: We do not two branches of government. Yet that In concluding, before yielding to the want to put any more of President is what we see today. President Senator from Oregon, think of this in Obama’s nominees onto the DC Circuit Obama’s district court nominees have terms of a teaching hospital, where you Court because we want it to be domi- waited, on average, more than twice as have a great teaching hospital at the nated by the judges who were con- long as President George Bush’s nomi- University of Cincinnati or Ohio State firmed when President Bush was Presi- nees to be confirmed by the Senate or Case Western in Cleveland or the dent. after being reported out of committee. University of Toledo. At these teaching Then, just yesterday, this pattern of So we have the challenge of getting hospitals—where research and develop- blockading up-and-down votes on nomi- up-or-down votes. We also have basi- ment and innovation are happening nees continued with the minority fili- cally a process of dragging feet in order with great scientists and great doctors bustering, blocking the closing of de- to make it more difficult to actually and great researchers—often what they bate on Cornelia Pillard—again, a high- get to the votes on these individuals in produce, what they come up with is ly qualified individual. An argument the first place. For the circuit courts, commercialized locally, and you build was not made that there was some ex- that comparison is even worse. Presi- a critical mass in that field. In some ceptional circumstance in her back- dent Obama’s nominees have waited 31⁄2 kind of scientific medical field you ground that left her unprepared for times longer than the nominees of his build that expertise in that region. this position. The argument was sim- predecessor—31⁄2 times longer. That is what we want to do with these ply made: We do not want to let the The Congressional Research Service manufacturing hubs, like NMI in President put any judges on this DC notes that of the last five Presidents, Youngstown, where in Youngstown we Circuit Court. President Obama is the only one to will see all kinds of job creation that That is of extreme concern. I must have his district and circuit court will make Youngstown the vital city say that it has caused folks who have nominees wait, on average, more than 6 that it has been in much of its history been scholars in this area to look at it. months for confirmation. So those and we want to see it become in the fu- Norm Ornstein of the American Enter- delays, in combination with ultimately ture. prise Institute basically said: It is ri- denying the possibility to hold an up- It is good for our country. It is good diculous for the minority to block up- or-down vote—to hold a final vote on for manufacturing. It is good for fami- and-down votes, not on the basis that whether to confirm or not confirm—

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.064 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7994 CONGRESSIONAL RECORD — SENATE November 13, 2013 they constitute a systematic under- which is, essentially that executive TYPHOON YOLANDA mining of the function of the other two nominees would get up-or-down votes. Mr. SCHATZ. Five days ago Typhoon branches of government. That happened for a significant list of Yolanda devastated the central Phil- Now, this was not envisioned in any nominees. ippines. As a category 5 supertyphoon, possible way by the creators of our There was an up-or-down vote on this was reportedly the strongest Constitution. They argued there should Richard Cordray to be the head of the storm ever to make landfall anywhere be three coequal branches. But this Consumer Financial Protection Bu- in recorded history, sweeping away al- outcome, in which the Senate minority reau; Gina McCarthy to lead the EPA; most everything in its path. seeks to undermine an executive nominees to fill the National Labor Re- Nearly 10 million people were im- branch nominee, is inconsistent with lations Board; nominees to head Alco- pacted by this supertyphoon and tens the constitutional design of coequal hol, Tobacco and Firearms; a nominee of thousands of homes were destroyed. branches. They are not coequal if one to lead the Ex-Im Bank; and, following Eighty to ninety percent of the homes branch can systematically undermine shortly thereafter, a nominee to be the in city of Ormoc, the second largest another. U.S. Ambassador to the United Na- city in the Leyte Province, are gone. In regard to the courts, in an out- tions, Samantha Powers. The stories of loss are shocking and come in which the Senate minority is So that July deal held through a list heartbreaking. seeking to ideologically pack the of nominees until 2 weeks ago. Two We do not yet know the full extent of courts by having insisted on up-or- weeks ago this body blocked an up-or- the devastation this typhoon has down votes for President Bush’s nomi- down vote on MEL WATT. So we are brought to the Philippines. Local au- nees and then blocking up-and-down right back where we were before, right thorities estimate as many as 10,000 votes on President Obama’s nominees, back where we were, the promise made people may be dead in the Leyte Prov- it politicizes our judicial system. It un- in January shattered, the promise ince alone, one of the hardest hit re- dermines the integrity of our court made in July shattered, and the ability gions. system. of this body to do its advice and con- The Senate has confronted this abuse sent responsibility shattered. The State Department has said of advice and consent three times in re- This should be deeply troubling to roughly 3,000 Americans were impacted cent history. In 2005, the Democratic all. We must restore the ability of the when the storm hit. Our Embassy in minority was blocking up-and-down Senate to perform its responsibilities Manila is coordinating with U.S. agen- votes on a series of President Bush’s under the Constitution to advise and cies to locate these Americans and nominees. They were doing the same consent. The Senate with simple up-or- bring them home. thing that we see today. A gang of 14 down votes will be a check on bad The United States and the Phil- gathered to debate this, because essen- nominations from the President. I have ippines share a special bond, rooted in tially the Republican majority said: If voted against at least one of the Presi- strong cultural and historical ties be- you do not quit blocking up-or-down dent’s nominees. I was prepared to vote tween our two countries. In Hawaii, votes on the President’s nominees, we against another here just a few weeks where more than 197,000 Filipinos have are going to change the rules and make ago. The President withdrew that made their home, we know this bond it a simple majority. Out of the gang of nominee so that vote was not nec- well. 14 came a deal. The deal was that essary. But that was related to a judg- Our Filipino community has been a Democrats would, except under excep- ment of the qualifications of the indi- part of the islands for more than 100 tional circumstances, not block the viduals and whether they were a good years, and many at home maintain nominee. The counterpoint being that fit for a particular position. It was not close relationships with family and the Republicans would not change the about trying to systematically under- friends in the Philippines. My deepest rules. So they got what they wanted, mine the executive branch and keep condolences go to those who have lost which was up-and-down votes without them from operating. family and friends in this tragedy. a rule change. That is essentially why we have up- Although the storm is over, our work That pledge the Democrats made was or-down votes; it is a check on unquali- has just begun. Millions of survivors honored when subsequent nominees got fied individuals or a poor fit for a par- are without clean drinking water, food, their up-or-down votes. Now, in Janu- ticular position. So in this area, both shelter or power. Rescue workers are ary of this year the Democrats, in the in the Senate’s failure to do its job vis- attempting to reach isolated coastal reversal of positions, insisted that the a-vis judicial nominees and to do its communities, but debris and downed Republican minority quit blocking up- job vis-a-vis executive nominees, we power lines are blocking road access. or-down votes of President Obama’s have created unequal branches of gov- The U.S. Government is helping the nominees—kind of a deja vu moment, ernment. It is time to fix the broken Philippines to recover. We have pro- only the two parties were reversed. Senate in regard to nominations. It is vided $20 million in humanitarian aid Out of that conversation, out of that time to restore the traditional role of dialogue in January, came a promise and deployed a Disaster Assistance Re- the Senate in evaluating nominations sponse Team to support the Philippine from the Republican minority leader of so that with nominees who are con- this body. He promised a return to the Government. These experts will help to firmed, they can go to work in the assess the extent of the damage and de- norms and traditions of the Senate re- courts, can go to work in the executive garding nominations. What are those termine what resources remain to be branch to do the work that the citizens added. norms and traditions? Those norms and of the United States of America expect traditions are simple up-or-down votes them to do on behalf of our Nation. The USAID Office of U.S. Foreign with rare exception. I yield the floor and suggest the ab- Disaster Assistance has shipped relief But that promise was barely made sence of a quorum. supplies, including shelter materials and within weeks it was broken, when The PRESIDING OFFICER. The and hygienic supplies, to help around we saw the first ever filibuster of a De- clerk will call the roll. 10,000 families. We are partnering with fense Secretary nominee. It just so The assistant legislative clerk pro- the U.N. World Food Program to pro- happened, ironically, that the Repub- ceeded to call the roll. vide $10 million for emergency food as- lican filibuster—the first time in his- Mr. SCHATZ. I ask unanimous con- sistance because close to 2.5 million tory of a Defense nominee—was against sent that the order for the quorum call people will need food assistance over one of their former colleagues, our Re- be rescinded. the next 6 months. publican colleague Chuck Hagel. So the The PRESIDING OFFICER. Without This aid will help airlift 55 metric January promise was broken. This led objection, it is so ordered. tons in emergency food to feed more to increasing tensions until July of Mr. SCHATZ. I ask unanimous con- than 20,000 children and 15,000 adults, this year when Democratic and Repub- sent to speak for up to 15 minutes as in providing immediate relief for the next lican Members met in the Old Senate morning business. 4 to 5 days. It will bring more than Chamber to privately share their con- The PRESIDING OFFICER. Without 1,000 metric tons of rice to feed 60,000 cerns. A new deal was hammered out, objection, it is so ordered. people for 1 month.

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.055 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7995 U.S. marines are on the ground. Our The PRESIDING OFFICER. Without days are long gone. Unfortunately, to- military is helping to airlift relief sup- objection, it is so ordered. day’s factories and plants don’t look plies, conduct aerial damage assess- Mr. BEGICH. Before I make my com- like they used to. The level of tech- ments, and coordinate search and res- ments regarding manufacturing and nical expertise needed to operate some cue operations. job creation in America and in Alaska, new machinery is pretty high. That is U.S. Pacific Command has forces in I would like to say I know my friend why I have made career and technical Manila to help deliver food and water from Hawaii was here earlier, Senator education a priority. We need to have to the impacted areas. The George SCHATZ, talking about the important options for the bright kids after high Washington Carrier Strike Group and resolution that has been submitted school or that mid-career worker look- its 5,000 sailors are expected in the area that I was honored to be able to co- ing to shift gears. soon to provide humanitarian assist- sponsor regarding the typhoon in the My own State of Alaska is already a ance and disaster relief. Philippines. leader in career technical education— For those still searching for dis- Alaska has over 20,000 Filipinos liv- CTE. As these programs continue to in- placed or missing loved ones, I urge ing in our State—an incredible group of novate and change across the country, you to contact the Philippine Red individuals, people I have known in the Alaska is in the forefront. I see it when Cross or the National Disaster Risk Re- business world, as individuals, and fam- I travel around the State. From career duction and Management Council oper- ily members. The devastation is unbe- pathways in high schools to creative ations center. lievable as you look at the photos and programs through the University of Google has also launched the Person see the devastation of the typhoon and Alaska system, my State is a leader in Finder: Typhoon Yolanda. Americans the impact it has had on families there. career technical education. can also visit CNN’s iReport Web site Even though it is thousands of miles To address these issues, I have intro- to upload photos and information away, I can tell you, in Alaska, we feel duced a bill entitled Investing in Inno- about people you may be looking for. it, we see it. Our Filipino friends there vation, otherwise called i3, which takes The challenge for the Filipino people have many relatives on the islands, and a look at what is happening in our is great, but the Philippines is a resil- the impact is just unbelievable. local schools and puts resources into ient nation and a true American ally. I was in Alaska this weekend and what is working. It supports and ex- They need our help. Please donate. met with members of the leadership of pands programs that are helping to im- I am proud of our local organizations the Filipino community, as well as prove student achievement. This bill in Hawaii collecting donations to help members from the Red Cross and oth- requires 25 percent of the money to go survivors and the families of victims. ers to see what we can do from an Alas- to local rural communities. There are The Philippine consulate in Honolulu, kan perspective, because Alaska knows so many programs that sometimes for- Filipino Chamber of Commerce, Fili- what disasters are like. From earth- get our small and rural communities, pino Community Center, Congress of quakes to floods, we seem to have them not only in Alaska but throughout this Visayan Organizations, and Kokua quite often. We know what type of im- country. Philippines have all stepped up in this pact these events have on families, so I I have also introduced the Career time of tremendous need. A full list of was very happy to support the resolu- Readiness package of legislation fo- organizations is available on my Web tion my friend from Hawaii submitted, cused on career and technical edu- site schatz.senate.gov. One may also but also want to recognize the 20,000 cation. One of the bills in this package text AID to 80108 to give a $10 donation Filipino community members in Alas- is the Counseling for Career Choice to the mGive Philippines Typhoon Dis- ka who are suffering and thinking Act. This bill will help fund stake- aster Relief Fund. Text AID to 80108 if about their families and friends over- holders in developing comprehensive you would like to give $10 to the relief seas. career counseling models that empha- efforts. We want to do everything we can. I size guiding students to productive ca- I wish to especially recognize and know our country is there and ready reers. thank all of the women and men of the and moving a lot of resources to assist. Our counselors are in unique position U.S. Embassy in Manila, USAID mis- So I wanted to put that on the record to help expose and guide our students sion in Manila, the State Department, and give my condolences to families to postsecondary opportunities—to USAID in the District of Columbia, and who have lost loved ones, but also to help prepare them for high-demand ca- the U.S. Pacific Command for their Alaskans who are grieving for family reers. This bill makes sure our school great efforts in coordinating our ongo- and friends who may have been lost in counselors have the resources they ing response. the typhoon. I know personally I have need to emphasize all types of postsec- Today I introduced a resolution ex- done my own contributions, whatever I ondary education, not just the tradi- pressing the support of the Senate for can to assist in moving operations for- tional 4-year degree. It focuses on op- the victims of the typhoon, along with ward and bringing resources to the is- portunities such as apprenticeships, several of my colleagues. I thank Sen- lands. certificate programs, associate degrees, ators MENENDEZ, DURBIN, CARDIN, JOB CREATION and, of course, 4-year degrees. It makes RUBIO, HIRONO, TOM UDALL, BOXER, and I also came today to talk on the floor sure that business, economic develop- BEGICH for cosponsoring this resolu- about the need for additional job cre- ment, and industry leaders are at the tion. As the Philippines begins the recov- ation. Already in the first 10 months of table providing information on avail- ery from this tragedy, I ask that we all this year we have created 1.9 million able postsecondary training opportuni- pledge together to work with them. new jobs—higher than last year at this ties and career trends—basically mak- When they rebuild their communities, same time—which is a good start, but ing sure that we match what we are rest assured they will emerge stronger more needs to be done. Senators COONS teaching to not only what is available than ever. and DURBIN and others have been dis- in the market today but in the future. I yield the floor, and I suggest the ab- cussing our Manufacturing Jobs in Our students need the best teachers sence of a quorum. America initiative. In particular, we and the best facilities. The PRESIDING OFFICER. The are talking about the skills necessary I also have legislation that focuses clerk will call the roll. to succeed in today’s economy—the on career technical education, CTE, The assistant legislative clerk pro- skills Americans need to land and to professional development for teachers ceeded to call the roll. keep good manufacturing jobs. and principals. Mr. BEGICH. Mr. President, I ask There used to be a time when a Another career readiness bill pro- unanimous consent that the order for bright kid in this country could work vides funding to make sure we are mod- the quorum call be rescinded. hard in school, graduate with a high ernizing our CTE facilities. We know The PRESIDING OFFICER. Without school diploma, and go work in a fac- students who are involved in career objection, it is so ordered. tory. He or she could make a decent and technical education programs are Mr. BEGICH. Mr. President, I ask living, a living wage, enough to raise a engaged in their future careers. We unanimous consent to speak as in family and own a home and think have to keep making sure what our morning business for 10 minutes. about the future of their kids. Those students learn is relevant to the real

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.057 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7996 CONGRESSIONAL RECORD — SENATE November 13, 2013 world. We must align our educational Mr. BEGICH. Mr. President, I ask legislation to rein in those expansive system with the in-demand careers to unanimous consent that the order for powers in an effort to protect Ameri- fill those jobs in that pipeline, and we the quorum call be rescinded. cans’ privacy and to increase trans- must keep our students engaged. The PRESIDING OFFICER. Without parency and oversight. While I look If we are going to compete in the 21st objection, it is so ordered. forward to that debate and consider- century as we did in the 20th century, f ation of this important legislation, it we need to make sure our students is urgent that the Privacy and Civil have the very best skills—skills that MORNING BUSINESS Liberties Oversight Board continue to are tailored to the 21st century econ- Mr. BEGICH. Mr. President, I ask operate at full strength to safeguard omy. Career and technical education is unanimous consent the Senate proceed our constitutional rights. The PCLOB the best approach, in my opinion, to to the period of morning business, with has held two all day hearings on these give students those skills. Senators permitted to speak for up to surveillance matters in recent months, I am a big fan of the Manufacturing 10 minutes each. and plans to issue an important report Jobs for America initiative led by Sen- The PRESIDING OFFICER. Without to the President and Congress. Judge ator COONS and several of my col- objection, it is so ordered. Wald has been a key participant in leagues. America’s manufacturing sec- these proceedings. Should the Senate f tor has enormous potential to create fail to confirm her nomination before new jobs and to speed up our economy CONDOLENCES TO SENATOR we adjourn, however, Judge Wald and economic recovery. These are good INHOFE would be forced to step down from the jobs and they spin off into even more Mr. REED. Mr. President, I rise to PCLOB at a critical time when the jobs. express my deepest sympathy to the board is conducting its work to evalu- According to the National Associa- senior Senator from Oklahoma Senator ate the privacy and civil liberties im- tion of Manufacturers, every manufac- JAMES INHOFE and his wife Kay on the plications of the Nation’s surveillance turing job we create adds 11⁄2 jobs to sudden and untimely loss of their son, programs. the local economy. So let’s move for- Dr. Perry Inhofe, this weekend in a Democrats, Independents, and Repub- ward, let’s pass these bills to help with plane crash. I extend my thoughts and licans alike have supported the impor- job training, career facilities and readi- prayers to the entire Inhofe family. tant work of this nonpartisan board. ness, and let’s do everything we can to Perry Inhofe was an orthopedic sur- Unfortunately, a secret objection on get our manufacturing sector running geon as well as a licensed pilot and the Republican side is needlessly delay- full speed ahead. flight instructor, with a family of his ing Judge Wald’s confirmation. I urge Before I conclude my remarks, let me the Senate to promptly confirm this say that I know there is a lot of debate own. Flying is integral to the Inhofe family—I know that from my service well qualified nominee, so that the on the floor where we talk about PCLOB can carry out its important re- health care, we are talking about a na- with Senator INHOFE on the Armed Services Committee and as cochair sponsibilities. If a single Republican tional defense authorization bill, and Senator has a concern about Judge Pa- we are going to talk about a with him of the Army Caucus, a caucus he created along with Senator Dan tricia Wald’s impeccable credentials, compounding bill, but at the end of the they should come forward with the rea- day, what Americans, what Alaskans, Akaka to support the men and women serving in the Army. I know of his in- son they are holding up her confirma- come to me to talk about on a regular tion. basis—and certainly it was true in the tense involvement in flying. I hope, certainly, that the memories f 41⁄2 days I just spent in Alaska—is what are we doing to create jobs for the fu- and the time he had with his son will NATIVE AMERICAN HERITAGE ture, not only for people today in the help sustain and comfort him in the MONTH work environment but the kids of the days ahead. Senator INHOFE is a man of Mr. LEAHY. Mr. President, this future who will be in the work environ- great integrity, with great dedication month, we commemorate Native Amer- ment. to his faith, to the Nation. Again, at ican Heritage Month. It is an impor- This legislation, and many other this time of loss, I only hope the mem- tant opportunity to recognize the ex- pieces that have been introduced in ory and the example of his son, his ceptional achievements and contribu- this package, help lead this economy son’s service and his courage and faith tions of those in the Native American and continue to move this economy. and love will sustain the Inhofe family. community. They are an integral part We have to remind ourselves where we f of this country’s history, which has are: This year, this month, we created been both proud and painful. It is im- NOMINATION OF PATRICIA M. over 200,000 jobs. The first month I portant to stop and reflect on how we WALD came here, when I was sworn in, the as a nation can learn from the past and economy was in a tailspin. We had lost Mr. LEAHY. Mr. President, I com- plan for our shared future as fellow over 700,000 jobs. So we have been in mend President Obama for renomi- Americans. the positive trendline for several nating Judge Patricia M. Wald to serve It is fitting that in this month we months here, but we have more to do. as a member of the Privacy and Civil also celebrate Veterans Day. For over And an area that I think is an incred- Liberties Oversight Board, ‘‘PCLOB’’. 200 years, Native Americans, including ible opportunity not only for Alaska The Senate unanimously confirmed American Indians, Alaska Natives, and but for all across this country is im- Judge Wald to this post on August 2, Native Hawaiians, have served honor- proving our manufacturing sector and 2012. The President renominated Judge ably and with distinction in the U.S. ensuring our young people are ready Wald to this position in March, and the Armed Forces. Native Americans have for the 21st century. Judiciary Committee favorably reserved in every conflict since the Revo- Again, I thank my friend Senator ported the nomination without objec- lutionary War and contribute in dis- COONS for all the work he is doing to tion months ago. During her tenure on proportionately high numbers to our bring manufacturing to the forefront, this important oversight board, Judge Nation’s defense. No group of Ameri- as well as all my colleagues who have Wald has served with great profes- cans has a higher per capita service been coming to the floor to talk about sionalism and dedication. And next rate in the military than Native Amer- an important piece of legislation to week, she will receive the Presidential icans. create jobs and improve our economy Medal of Freedom, the highest civilian One of the most unique and extraor- for the long term. honor that the President can bestow. dinary contributions was by the ‘‘Code Mr. President, I yield the floor, and I For the past several months, we have Talkers’’ during both world wars. suggest the absence of a quorum. been engaged in a national debate Using codes based on their distinct lan- The PRESIDING OFFICER. The about the ever-growing need for limits guages, these Native American soldiers clerk will call the roll. on the government’s surveillance pow- transmitted orders and communica- The bill clerk proceeded to call the ers. In the coming weeks, the House tions to troops and allies, which were roll. and the Senate will consider bipartisan indecipherable to our enemies. Later

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.059 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7997 this month, 33 tribes will be recognized tion and creative problem solving. We search on employee benefit plans and with Congressional Gold Medals to cel- worked closely with tribal leaders and distributing that information to the ebrate this significant contribution the National Congress of American In- public. Their mission ‘‘is to contribute during the Second World War. This rec- dians and in close consultation with to, to encourage, and to enhance the ognition is both historic and overdue. the Indian Affairs Committee. I would development of sound employee benefit Throughout the military history of like to thank the former chairman of programs and sound public policy the United States, Native Americans that committee, Senator Daniel through objective research and edu- have served bravely and honorably. We Akaka, and current chairwoman MARIA cation.’’ are grateful to these soldiers, sailors, CANTWELL for their cooperation and EBRI has fulfilled its mission and marines, and airmen for their tradition persistence on these important meas- purpose for 35 years in a nonpartisan of unwavering patriotism. ures. and unbiased manner. That is why As we celebrate Native American Another area of law critical to the EBRI’s research staff is frequently contributions to our country, we must protection of civil rights for Native asked to testify before Congress, in- also examine the unique struggles Americans is the Voting Rights Act. I cluding several times before the Fi- faced by these communities and work am working hard with members from nance Committee. EBRI produces together to find solutions. I am proud both sides of the aisle to restore the trustworthy analysis on both health of the significant steps we took earlier vital protections of this landmark law, and retirement issues. EBRI does not this year to confront the long-ignored undermined by the Supreme Court’s re- take policy positions and they do not epidemic of violence against Native cent decision in Shelby County v. Hold- lobby—they provide us with just the women through reauthorization of the er. facts without spin. When it comes to Violence Against Women Act, a bill I The Voting Rights Act is the most retirement and health policy, EBRI is authored with Senator CRAPO. Nearly successful piece of civil rights legisla- an indispensable source of expert data. three out of five Indian women have tion in this Nation’s history. It has And that is why both Members and our been assaulted by their spouses or inti- worked to protect the Constitution’s staff on Capitol Hill depend on their ex- mate partners. On some reservations, guarantees against racial discrimina- pertise and reliability. Native American women are murdered tion in voting for nearly five decades. I salute EBRI and its staff for 35 at a rate more than times the national It has helped minorities of all races— years of exceptional work and look for- average. Those statistics are chilling. including Native Americans—overcome ward to their continued help in the fu- Native women are being brutalized and major barriers to participation in the ture. killed at rates that simply shock the political process. For example, in 2008, f conscience. in Charles Mix County, SD, the Depart- TRIBUTE TO GARY OSTROSKE The Violence Against Women Reau- ment of Justice found evidence of dis- Ms. LANDRIEU. Mr. President, today thorization of 2013 addresses this prob- criminatory intent by the officials of I wish to ask my colleagues to join me lem directly and provides landmark the county, who had attempted to di- in recognizing Mr. Gary Ostroske, who protections for Native American lute the voting strength of Native retired on July 1, 2013, as President and women. These include expanding the Americans. The Voting Rights Act pre- CEO of the United Way of Southeast jurisdiction of tribal courts in several vented these discriminatory actions Louisiana. Mr. Ostroske has been an ways. First, the law clarifies that trib- from taking place. It is imperative that integral part of the United Way World- al courts have the authority to issue we reinvigorate and restore these pro- wide system for 40 years and has served and enforce tribal protection orders, a tections. as President and CEO of the South- tool that is necessary to stop the esca- In addition to our legislative efforts, eastern region for the past 25 years. lation of violence. Second, and perhaps we are also making strides in con- Throughout his tenure at the United most importantly, it recognizes the ju- firming Native American judges to our Way, Mr. Ostroske implemented impor- risdiction of tribal courts to prosecute Federal courts. President Obama nomi- tant changes to a wide breadth of pro- non-Indians who abuse Native women nated Diane J. Humetewa, a Native grams to improve the lives of residents on tribal lands. American woman, to serve on the U.S. of Southeast Louisiana. Mr. Ostroske More than 50 percent of Native Amer- district court for Arizona on Sep- has worked tirelessly to provide citi- ican women are married to non-Native tember 19, 2013. Humetewa, a member zens with quality healthcare, edu- American men. Before the Violence of the Hopi Tribe, was the U.S. attor- cation, and human services and has un- Against Women Act was reauthorized ney in Arizona between 2007 and 2009, a doubtedly provided many opportunities this year, tribal courts were unable to position to which she was nominated for residents of Southeast Louisiana to prosecute these men if they committed by former President George W. Bush at succeed and improve their lives. acts of domestic abuse. The Federal au- the urging of Senator JOHN MCCAIN. If As the President and CEO of United thorities who had jurisdiction were the Senate confirms her nomination, Way of Southeast Louisiana, Mr. often hours away from tribal lands and she would become the only active Ostroske worked collaboratively with ill-equipped to prosecute these crimes. member of a Native American tribe to community organizations and Greater As a result, countless victims were left serve in the Federal judiciary and the New Orleans leaders to create innova- without protection and offenders were first Native American woman ever to tive ways to deliver critical services to allowed to prey upon women with im- serve on the Federal bench. Southeast Louisiana residents. punity. As a former prosecutor, I was This month, let us celebrate the Na- Through these community partner- appalled, and I am proud that we fixed tive American contributions that make ships, Mr. Ostroske strengthened this glaring problem with the enact- this Nation better and stronger. And United Way’s impact and allowed it to ment of these historic changes. let us renew our commitment to work play an integral role in crafting a Beyond resolving jurisdictional together with leaders of these sov- strong economic agenda for our region. issues, VAWA improved the grant mak- ereign nations to address ongoing chal- Mr. Ostroske’s unwavering leadership ing process to Indian tribal coalitions lenges to ensure that all who live in in the wake of Hurricanes Katrina and to ensure tribes are better able to re- this great country are afforded the re- Isaac and the Deepwater Horizon oil spond to domestic violence, sexual as- spect, dignity and opportunities they spill was truly remarkable. Mr. sault, dating violence, and stalking. It deserve. Ostroske’s diligent efforts to rebuild creates new Federal crimes with tough- f our region after these disasters ensured er penalties for offenses often com- our region’s renewed sense of vitality mitted against Native American EMPLOYEE BENEFIT RESEARCH and economic strength. women and encourages greater co- INSTITUTE Upon his retirement, Mr. Ostroske is operation between the Federal Govern- Mr. BAUCUS. Mr. President, I rise looking forward to volunteering in our ment and tribal governments. today to congratulate the Employee community and spending time with his The success of VAWA, and the inclu- Benefit Research Institute on their wife of 35 years, Mary Ann and his fam- sion of these historic provisions, was 35th anniversary. EBRI was founded in ily—their son, Peter Ostroske, presi- the result of years of careful investiga- 1978 with the purpose of conducting re- dent of O Look!, an internet company

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.001 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S7998 CONGRESSIONAL RECORD — SENATE November 13, 2013 based in Sa˜ o Paulo, Brazil and their families in all 50 States. As the oldest Created by Sanford N. McDonnell in daughter, Jenny Ostroske Luke, who is intercountry adoption agency, Holt is 1985, CHARACTERplus is the largest a veterinarian, married to Fletcher the only organization that has more community-wide character education Luke. Gary and Mary Ann are the than three generations of adult organization in the country. More im- proud grandparents to Jenny and adoptees. portantly, because of the efforts of Fletcher’s children—Ellis and Myles. Holt continues to play an active and CHARACTERplus, Missouri leads the Mr. Ostroske’s service to the people vital role in establishing policy and Nation in character education. of Louisiana has been truly extraor- practice for intercountry adoption. In Currently more than 75 school dis- dinary and serves as an inspiration to 1993, Holt adoptees Susan Cox and tricts across several States are mem- us all. It is with my greatest sincerity David Kim were members of the U.S. bers of CHARACTERplus, which serves that I ask my colleagues to join me delegation to the Hague Convention on more than 330,000 students and 29,000 along with Mr. Ostroske’s family in Intercountry Adoption, an agreement teachers at 645 schools to transform recognizing his dedicated service to the which sets international standards for school climate. people of Louisiana, as well as wishing intercountry adoption that protects Member districts and schools have him well in his retirement. the child, the birth family and the unlimited access to professional devel- f adoptive family. Later, in 2008, Holt opment, national experts, the most was a leading advocate in ensuring U.S. current research on social, emotional HOLT INTERNATIONAL ratification of the Hague Convention and character development, skill train- CHILDREN’S SERVICES treaty. Holt believes that adoption is a ing modules, survey tools to access Mr. MERKLEY. Mr. President, Sen- life long experience and has been at the school climate and opportunities to ator WYDEN and I wish to recognize forefront of developing post adoption network with others in the field. Holt International Children’s Services services to ensure that adoptees grow Each year, the Character Education during this year’s celebration of Na- and develop to their fullest potential. Partnership, CEP, recognizes schools tional Adoption Month. In addition to these monumental ac- that have demonstrated a commitment On July 27, 2013 we celebrated the complishments, Holt International has to character education by naming 60th anniversary of the end of the Ko- become much more than an adoption them a National School of Character. agency. When considering a child’s fu- rean war. By signing the armistice In 2013, CEP chose 29 schools, 9 of ture, Holt always keeps the child’s best agreement, the border between the Ko- which were members of CHARAC- interest at the forefront of every deci- reas near the 38th Parallel was estab- TERplus, making Missouri the na- sion. For some children adoption is the lished. It was in the wake of this armi- tional leader in character education. only option, but Holt realizes that it is stice that Holt International Children’s Those schools include Independence not the first option for children with- Services first began its compassionate Elementary in the Francis Howell out families. Holt believes that it is work, and today continues to be a lead- School District; Jefferson City Aca- best if children can stay with their er in the field of adoption and child demic Center in the Jefferson City birth family. Over the years, Holt has welfare issues. School District; Beasley Elementary, worked to develop and maintain pro- Harry and Bertha Holt of Eugene, OR Bierbaum Elementary, Hagemann Ele- were of humble means—Harry a lum- grams overseas to give orphaned, aban- doned and vulnerable children safe and mentary, and Mehlville High School in berjack and a farmer and Bertha a the Mehlville School District; Chester- nurse. In 1954, the Holts went to a nurturing environments in which to grow and thrive. These overseas pro- field Elementary and LaSalle Springs small high school auditorium to view a Middle School in the Rockwood School film about Amerasian children living grams include initiatives directed at family preservation, nutrition support, District; and Discovery Ridge Elemen- in South Korean orphanages. Moved by tary in the Wentzville School District. the film, their faith and a firm belief child and maternal health, income generation, assisting children with special CHARACTERplus also works closely that all children deserve permanent, with the Missouri Department of Sec- loving homes, the Holts began their needs, and shaping and establishing intercountry child welfare systems. ondary and Elementary Education on lifelong mission in 1955 to revolutionize several projects and runs the State intercountry adoption. Through these initiatives, Holt impacts approximately 30,000 children School of Character Awards. At the time, there were no laws al- I would like to congratulate CHAR- lowing children to immigrate to one each year and helps to ensure that children at all stages of need are provided ACTERplus for all of their hard work country from another for the purpose and commend them for helping the of adoption. Overcoming legal and cul- for in an effort to avoid the separation of families. State of Missouri be a leader in char- tural barriers, Mr. and Mrs. Holt acter education.∑ sought families for children orphaned In November, as National Adoption by the Korean war. The Holts per- Month is celebrated, it is appropriate f suaded Oregon U.S. Senator Richard to recognize Holt International Chil- dren’s Services for its diligent efforts Neuberger to introduce legislation ti- TRIBUTE TO LARRY WILCOX and accomplishments in the field of tled ‘‘The Relief of Certain Korean War ∑ Mr. JOHNSON of South Dakota. Mr. child-welfare and intercountry adop- Orphans.’’ The legislation became law President, today I wish to offer my tion that have impacted thousands of on August 11, 1955, enabling the Holts heartfelt congratulations to Larry children in the U.S. and around the to adopt eight Korean war orphans: Jo- Wilcox who is retiring as super- world. seph Han, Mary Chae, Helen Chan, Paul intendent of the Michael J. Kim, Betty Rhee, Robert Chae, Chris- f Fitzmaurice State Veterans Home in tine Lee and Nathanial Chae. With this ADDITIONAL STATEMENTS Hot Springs, SD. The retirement is ef- act of love and the founding of their fective November 14, 2013. agency—Holt International Children’s Born in Burke, Larry grew up in Win- Services—two farmers from rural Or- CHARACTERPLUS ner, SD. After graduating from Winner egon became pioneers in international ∑ Mr. BLUNT. Mr. President, today I High School in the mid-1960s, Larry adoption. wish to honor CHARACTERplus, an or- joined the South Dakota Army Na- Today, Holt International strives to ganization based in my State of Mis- tional Guard. He remained in the Na- uphold Harry and Bertha’s vision of souri, which helps build strong school tional Guard for nearly four decades, finding loving homes for children re- communities where students feel val- including 26 years in the Medical Serv- gardless of race, religion, ethnicity or ued and can succeed. As a former class- ices Corps. A Gulf War veteran, Larry gender. Holt is committed to finding room teacher, I appreciate the work rose to the rank of Lieutenant Colonel families for children, not children for CHARACTERplus does to help edu- before retiring in 2003. families, an important distinction that cators instill positive character traits Larry’s service to our State contin- sets the tone and priorities for Holt. in students—such as responsibility and ued when he was named superintendent Since the 1955 act, Holt has placed respect—by teaching, encouraging and of South Dakota’s only State Veterans 49,630 children from 31 countries with living these values at school. Home in May 2004 by Maj. Gen. Michael

VerDate Mar 15 2010 01:42 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.029 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S7999 Gorman. He has provided excellent Idaho Falls, and works in cooperation MESSAGES FROM THE HOUSE stewardship of the State Veterans with education programs in 10 coun- ENROLLED BILL SIGNED Home, including overseeing plans to tries. At 12:19 p.m., a message from the construct a new facility. On November NNU, a nonprofit Christian school, is House of Representatives, delivered by 11, 1889, the cornerstone for the first affiliated with the Church of the Naza- Mr. Hanrahan, one of its reading State Home was laid in Hot Springs. rene and is one of the premiere univer- clerks, announced that the Speaker has The much-anticipated groundbreaking sities in our State. Through education signed the following enrolled bill: for a new South Dakota Veterans and spiritual development, students be- H.R. 2747. An act to amend title 40, United Home was held in late September 2013. come leaders in business, public serv- States Code, to transfer certain functions Thousands of veterans and their fami- ice, education and in faith-based ca- from the Government Accountability Office lies have enjoyed the services of the reers. At NNU, they have become stu- to the Department of Labor relating to the State Veterans Home over these many dents of scholarship, strong in char- processing of claims for the payment of years. Aging veterans have found sol- acter and robust contributors to their workers who were not paid appropriate ace on the beautiful, aesthetic grounds communities. wages under certain provisions of such title. of the State Veterans Home and have As Governor, Lieutenant Governor The enrolled bill was subsequently benefited from the dedicated medical and State Senator, I have had a long signed by the President pro tempore care and support services provided. and good working relationship with (Mr. LEAHY). Larry has played a major role in pro- NNU, which I tremendously value. I At 2:16 p.m., a message from the viding consistent and superior levels of mark their achievements and contin- House of Representatives, delivered by care and comfort to veterans at the ued growth as terrific highlights for Mr. Hanrahan, one of its reading State Home during his time as super- the Treasure Valley and the State of clerks, announced that the House has intendent. He has been passionate Idaho. Their commitment to their passed the following bills, without about providing the highest degree of original vision and the foundations of amendment: compassionate care, understanding and their beliefs as they recognize changing service to the residents. Larry is a times has made NNU an institution of S. 330. An act to amend the Public Health strong advocate for the Veterans Service Act to establish safeguards and stability and a vital resource for Ida- standards of quality for research and trans- Home, promoting the importance of hoans. plantation of organs infected with human the Veterans Home to the general pub- I remember well participating in the immunodeficiency virus (HIV). lic and making sure the congressional dedication of the Thomas Family S. 893. An act to provide for an increase, ef- delegation is aware of any challenges Health and Science Center, which fur- fective December 1, 2013, in the rates of com- veterans may face. Over the years I ther moves NNU into the ranks of a pensation for veterans with service-con- have appreciated Larry’s insight on competitive university with state-of- nected disabilities and the rates of depend- issues and the open line of communica- the-art laboratories and researchers. In ency and indemnity compensation for the survivors of certain disabled veterans, and tion between our offices. addition, I am proud to have had their for other purposes. I thank Larry for all he has done for participation on the Nursing Task veterans in South Dakota and wish Force, which I initiated as governor, At 4:31 p.m., a message from the him all the best in his retirement.∑ and which continues to make a signifi- House of Representatives, delivered by f cant impact on reducing the shortage Mrs. Cole, one of its reading clerks, an- NORTHWEST NAZARENE of nurses in Idaho and beyond. nounced that the House has passed the UNIVERSITY For 100 years, Northwest Nazarene following bills, in which it requests the University has proved itself a strong concurrence of the Senate: ∑ Mr. RISCH. Mr. President, on behalf asset to our community and state. It is H.R. 2871. An act to amend title 28, United of myself and Senator CRAPO, I wish to a proverbial shining light, making a States Code, to modify the composition of recognize the 100-year anniversary of positive difference on its campus, in the southern judicial district of Mississippi Northwest Nazarene University in the nearby neighborhoods and across to improve judicial efficiency, and for other city of Nampa in the great State of oceans. We are very proud to have this purposes. Idaho. H.R. 2922. An act to extend the authority of institution serving our young people the Supreme Court Police to protect court On September 13, 1913, this education and those continually updating their institution began as an elementary officials away from the Supreme Court skills and education. Our country grounds. school—the Idaho Holiness School. stands stronger because NNU goes the With a strong and unstoppable vision The message further announced that extra mile, perseveres and stays the the House has passed the following bill, for the future, the founders quickly de- course. veloped it into a secondary school and with amendments, in which it requests May God bless Northwest Nazarene the concurrence of the Senate: then a university. Highly respected in University with another 100 years of the community and, indeed, all across S. 252. An act to reduce preterm labor and being a top-rated institution of higher delivery and the risk of pregnancy-related the great State of Idaho and in several learning.∑ other States in the region, Northwest deaths and complications due to pregnancy, and to reduce infant mortality caused by Nazarene University has conferred de- f prematurity. grees upon thousands of college grad- f uates since 1917. MESSAGES FROM THE PRESIDENT Dr. David Alexander, who began his REPORTS OF COMMITTEES Messages from the President of the association with NNU as a member of The following reports of committees United States were communicated to the faculty and in 2008 became its 12th were submitted: the Senate by Mr. Williams, one of his president, continues to carry out the By Mrs. FEINSTEIN, from the Select Com- early vision of growth, excellence and secretaries. mittee on Intelligence: the Great Commission. The university Report to accompany S. 1681, An original offers a world-class, multi-discipline f bill to authorize appropriations for fiscal education, which now serves more than year 2014 for intelligence and intelligence-re- 2,000 undergraduate and graduate stu- EXECUTIVE MESSAGES REFERRED lated activities of the United States Govern- dents; more than 6,000 continuing edu- As in executive session the Presiding ment and the Office of the Director of Na- tional Intelligence, the Central Intelligence cation students; and 2,300 high school Officer laid before the Senate messages Agency Retirement and Disability System, students through its concurrent credit from the President of the United and for other purposes (Rept. No. 113–120). program. On its 90-acre campus in States submitting sundry nominations f Nampa, 60 education disciplines are of- which were referred to the appropriate fered as well as 11 graduate-level pro- committees. INTRODUCTION OF BILLS AND grams. The university also offers pro- (The messages received today are JOINT RESOLUTIONS grams of study in other Idaho cities in- printed at the end of the Senate pro- The following bills and joint resolu- cluding nearby Boise, Twin Falls and ceedings.) tions were introduced, read the first

VerDate Mar 15 2010 01:42 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.028 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S8000 CONGRESSIONAL RECORD — SENATE November 13, 2013 and second times by unanimous con- S. 1697. A bill to support early learning; to S. 381 sent, and referred as indicated: the Committee on Health, Education, Labor, At the request of Mr. BROWN, the and Pensions. By Mr. KIRK (for himself and Mr. names of the Senator from Arizona By Mr. MARKEY: (Mr. FLAKE), the Senator from Missouri ROCKEFELLER): S. 1698. A bill to provide for the establish- S. 1688. A bill to award the Congressional ment of clean technology consortia to en- (Mrs. MCCASKILL), the Senator from Gold Medal to the members of the Office of hance the economic, environmental, and en- Alabama (Mr. SESSIONS) and the Sen- Strategic Services (OSS), collectively, in ergy security of the United States by pro- ator from Nebraska (Mr. JOHANNS) were recognition of their superior service and moting domestic development, manufacture, added as cosponsors of S. 381, a bill to major contributions during World War II; to and deployment of clean technologies; to the award a Congressional Gold Medal to the Committee on Banking, Housing, and Committee on Energy and Natural Re- Urban Affairs. the World War II members of the ‘‘Doo- sources. little Tokyo Raiders’’, for outstanding By Mr. SCHUMER: By Mr. UDALL of Colorado (for himself S. 1689. A bill to treat payments by chari- and Mrs. SHAHEEN): heroism, valor, skill, and service to the table organizations with respect to certain S. 1699. A bill to permit individuals to United States in conducting the bomb- firefighters as exempt payments; to the renew certain health insurance coverage of- ings of Tokyo. Committee on Finance. fered in the individual or small group mar- S. 544 By Mr. LEAHY (for himself, Mr. kets and to provide that such individuals At the request of Mr. HARKIN, the PORTMAN, Mr. DURBIN, Ms. KLO- would not be subject to the individual man- name of the Senator from Ohio (Mr. BUCHAR, Mr. FRANKEN, Mr. MURPHY, date penalty; to the Committee on Finance. Mr. BROWN, Ms. LANDRIEU, and Mr. BROWN) was added as a cosponsor of S. f MENENDEZ): 544, a bill to require the President to S. 1690. A bill to reauthorize the Second SUBMISSION OF CONCURRENT AND develop a comprehensive national man- Chance Act of 2007; to the Committee on the SENATE RESOLUTIONS ufacturing strategy, and for other pur- Judiciary. poses. By Mr. TESTER (for himself and Mr. The following concurrent resolutions S. 610 MCCAIN): and Senate resolutions were read, and S. 1691. A bill to amend title 5, United referred (or acted upon), as indicated: At the request of Mr. JOHANNS, the States Code, to improve the security of the By Mr. SCHATZ (for himself, Mr. name of the Senator from Kansas (Mr. United States border and to provide for re- MENENDEZ, Mr. DURBIN, Mr. CARDIN, MORAN) was added as a cosponsor of S. forms and rates of pay for border patrol Mr. RUBIO, Ms. HIRONO, Mr. UDALL of 610, a bill to amend the Patient Protec- agents; to the Committee on Homeland Secu- New Mexico, Mrs. BOXER, and Mr. tion and Affordable Care Act to repeal rity and Governmental Affairs. BEGICH): certain limitations on health care ben- By Mrs. BOXER (for herself, Ms. CANT- S. Res. 292. A resolution expressing support efits. WELL, Ms. KLOBUCHAR, and Mr. MAR- for the victims of the typhoon in the Phil- S. 734 KEY): ippines and the surrounding region; to the S. 1692. A bill to require the Secretary of Committee on Foreign Relations. At the request of Mr. NELSON, the Transportation to modify the final rule re- By Ms. HEITKAMP (for herself, Mr. name of the Senator from New Jersey lating to flightcrew member duty and rest HOEVEN, Mr. BEGICH, Mr. UDALL of (Mr. MENENDEZ) was added as a cospon- requirements for passenger operations of air New Mexico, Mrs. MURRAY, Mr. sor of S. 734, a bill to amend title 10, carriers to apply to all-cargo operations of SCHATZ, Ms. HIRONO, Mr. TESTER, Mr. United States Code, to repeal the re- air carriers, and for other purposes; to the FRANKEN, Mr. LEVIN, Mr. MORAN, Mr. quirement for reduction of survivor an- JOHNSON of South Dakota, Mr. Committee on Commerce, Science, and nuities under the Survivor Benefit Transportation. THUNE, Ms. STABENOW, Mr. BAR- By Mrs. SHAHEEN (for herself, Mr. RASSO, Ms. BALDWIN, Ms. KLOBUCHAR, Plan by veterans’ dependency and in- UDALL of Colorado, Ms. LANDRIEU, Mr. BAUCUS, and Mr. HEINRICH): demnity compensation. Mr. MERKLEY, and Mrs. FEINSTEIN): S. Res. 293. A resolution designating the S. 862 S. 1693. A bill to amend the Patient Protec- week beginning on November 18, 2013, as At the request of Ms. AYOTTE, the tion and Affordable Care Act to extend the ‘‘National Tribal Colleges and Universities name of the Senator from Illinois (Mr. Week’’ ; considered and agreed to. initial open enrollment period; to the Com- DURBIN) was added as a cosponsor of S. By Ms. LANDRIEU (for herself, Mr. mittee on Finance. 862, a bill to amend section 5000A of the By Mr. HARKIN (for himself and Mr. INHOFE, Ms. KLOBUCHAR, Mr. GRASS- HELLER): LEY, Mr. UDALL of New Mexico, Mr. Internal Revenue Code of 1986 to pro- S. 1694. A bill to amend the Internal Rev- BLUNT, Mr. KING, Mr. CORNYN, Mr. vide an additional religious exemption enue Code of 1986 to allow a credit against THUNE, Mr. JOHNSON of South Da- from the individual health coverage income tax for the purchase of hearing aids; kota, Mr. PORTMAN, Mr. WICKER, Mrs. mandate. to the Committee on Finance. FISCHER, Mr. MORAN, Mr. BOOZMAN, S. 878 and Mr. COCHRAN): By Ms. CANTWELL (for herself and At the request of Mr. FRANKEN, the Mr. KIRK): S. Res. 294. A resolution expressing support S. 1695. A bill to designate a portion of the for the goals of National Adoption Day and name of the Senator from Connecticut Arctic National Wildlife Refuge as wilder- National Adoption Month by promoting na- (Mr. MURPHY) was added as a cosponsor ness; to the Committee on Environment and tional awareness of adoption and the chil- of S. 878, a bill to amend title 9 of the Public Works. dren awaiting families, celebrating children United States Code with respect to ar- By Mr. BLUMENTHAL (for himself, and families involved in adoption, and en- bitration. couraging the people of the United States to Ms. BALDWIN, Mrs. BOXER, Mr. S. 908 SCHATZ, Ms. HIRONO, Mr. HARKIN, Mr. secure safety, permanency, and well-being for all children; considered and agreed to. At the request of Mr. JOHNSON of WHITEHOUSE, Mr. SANDERS, Mr. SCHU- South Dakota, the name of the Senator MER, Mrs. MURRAY, Mrs. GILLIBRAND, By Mr. JOHNSON of South Dakota (for Ms. CANTWELL, Mr. MURPHY, Mr. himself and Mr. INHOFE): from Connecticut (Mr. MURPHY) was BROWN, Ms. WARREN, Mr. TESTER, Mr. S. Con. Res. 25. A concurrent resolution au- added as a cosponsor of S. 908, a bill to MENENDEZ, Mr. HEINRICH, Mr. COONS, thorizing the use of Emancipation Hall in amend the Public Health Service Act Mr. MARKEY, Mr. MERKLEY, Mrs. SHA- the Capitol Visitor Center for activities asso- to improve the diagnosis and treat- HEEN, Ms. MIKULSKI, Mr. BOOKER, ciated with the ceremony to award the Con- ment of hereditary hemorrhagic gressional Gold Medal to Native American Mrs. FEINSTEIN, Ms. STABENOW, Mr. telangiectasia, and for other purposes. WYDEN, Mr. FRANKEN, Ms. KLO- code talkers; considered and agreed to. S. 917 BUCHAR, Mr. CARDIN, and Mrs. MCCAS- f ARDIN KILL): At the request of Mr. C , the S. 1696. A bill to protect a women’s right to ADDITIONAL COSPONSORS name of the Senator from Hawaii (Ms. determine whether and when to bear a child S. 252 HIRONO) was added as a cosponsor of S. or end a pregnancy by limiting restrictions At the request of Mr. ALEXANDER, the 917, a bill to amend the Internal Rev- on the provision of abortion services; to the name of the Senator from Mississippi enue Code of 1986 to provide a reduced Committee on the Judiciary. (Mr. WICKER) was added as a cosponsor rate of excise tax on beer produced do- By Mr. HARKIN (for himself, Mrs. of S. 252, a bill to reduce preterm labor mestically by certain qualifying pro- MURRAY, Mr. CASEY, Ms. HIRONO, Mr. ducers. MURPHY, Mr. SANDERS, Ms. BALDWIN, and delivery and the risk of pregnancy- Ms. WARREN, Mr. COONS, Mr. KAINE, related deaths and complications due S. 942 Mrs. GILLIBRAND, Mr. WYDEN, and Mr. to pregnancy, and to reduce infant At the request of Mr. CASEY, the FRANKEN): mortality caused by prematurity. name of the Senator from Wisconsin

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.004 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S8001 (Ms. BALDWIN) was added as a cospon- engagement in the education of their COATS) was added as a cosponsor of S. sor of S. 942, a bill to eliminate dis- children. 1683, a bill to provide for the transfer of crimination and promote women’s S. 1364 naval vessels to certain foreign recipi- health and economic security by ensur- At the request of Mr. WYDEN, the ents, and for other purposes. ing reasonable workplace accommoda- name of the Senator from Nevada (Mr. S.J. RES. 15 tions for workers whose ability to per- HELLER) was added as a cosponsor of S. At the request of Mr. CARDIN, the form the functions of a job are limited 1364, a bill to promote neutrality, im- name of the Senator from New Mexico by pregnancy, childbirth, or a related plicity, and fairness in the taxation of (Mr. UDALL) was added as a cosponsor medical condition. digital goods and digital services. of S.J. Res. 15, a joint resolution re- S. 949 S. 1419 moving the deadline for the ratifica- At the request of Mr. JOHANNS, the At the request of Mr. WYDEN, the tion of the equal rights amendment. name of the Senator from Georgia (Mr. name of the Senator from Oregon (Mr. S. RES. 203 ISAKSON) was added as a cosponsor of S. MERKLEY) was added as a cosponsor of At the request of Mrs. FEINSTEIN, the 949, a bill to amend the Truth in Lend- S. 1419, a bill to promote research, de- name of the Senator from Oregon (Mr. ing Act to improve upon the definitions velopment, and demonstration of ma- MERKLEY) was added as a cosponsor of provided for points and fees in connec- rine and hydrokinetic renewable en- S. Res. 203, a resolution expressing the tion with a mortgage transaction. ergy technologies, and for other pur- sense of the Senate regarding efforts by S. 1011 poses. the United States to resolve the At the request of Mr. JOHANNS, the S. 1456 Israeli-Palestinian conflict through a name of the Senator from Arizona (Mr. At the request of Ms. AYOTTE, the negotiated two-state solution. MCCAIN) was added as a cosponsor of S. names of the Senator from Nevada (Mr. S. RES. 284 1011, a bill to require the Secretary of REID) and the Senator from Alaska At the request of Mr. RISCH, the the Treasury to mint coins in com- (Mr. BEGICH) were added as cosponsors name of the Senator from Missouri memoration of the centennial of Boys of S. 1456, a bill to award the Congres- (Mr. BLUNT) was added as a cosponsor Town, and for other purposes. sional Gold Medal to Shimon Peres. of S. Res. 284, a resolution calling on S. 1143 S. 1462 the Government of Iran to immediately At the request of Mr. TESTER, the At the request of Mr. THUNE, the release Saeed Abedini and all other in- name of the Senator from South Da- name of the Senator from New Hamp- dividuals detained on account of their kota (Mr. JOHNSON) was added as a co- shire (Ms. AYOTTE) was added as a co- religious beliefs. sponsor of S. 1143, a bill to amend title sponsor of S. 1462, a bill to extend the f XVIII of the Social Security Act with positive train control system imple- respect to physician supervision of mentation deadline, and for other pur- STATEMENTS ON INTRODUCED therapeutic hospital outpatient serv- poses. BILLS AND JOINT RESOLUTIONS ices. S. 1622 By Mr. LEAHY (for himself, Mr. S. 1158 At the request of Ms. HEITKAMP, the PORTMAN, Mr. DURBIN, Ms. KLO- At the request of Mr. WARNER, the names of the Senator from California BUCHAR, Mr. FRANKEN, Mr. name of the Senator from South Da- (Mrs. FEINSTEIN), the Senator from MURPHY, Mr. BROWN, Ms. LAN- kota (Mr. JOHNSON) was added as a co- Minnesota (Mr. FRANKEN) and the Sen- DRIEU, and Mr. MENENDEZ): sponsor of S. 1158, a bill to require the ator from North Dakota (Mr. HOEVEN) S. 1690. A bill to reauthorize the Sec- Secretary of the Treasury to mint were added as cosponsors of S. 1622, a ond Chance Act of 2007; to the Com- coins commemorating the 100th anni- bill to establish the Alyce Spotted Bear mittee on the Judiciary. versary of the establishment of the Na- and Walter Soboleff Commission on Mr. LEAHY. Mr. President, today I tional Park Service, and for other pur- Native Children, and for other pur- join with Senator PORTMAN to intro- poses. poses. duce the bipartisan Second Chance Re- authorization Act, a bill that builds on S. 1187 S. 1644 recent successes and takes important At the request of Ms. STABENOW, the At the request of Mrs. BOXER, the new steps to ensure that people coming name of the Senator from Oregon (Mr. names of the Senator from Virginia out of prison have the opportunity to MERKLEY) was added as a cosponsor of (Mr. WARNER), the Senator from Min- turn their lives around, rather than re- S. 1187, a bill to prevent homeowners nesota (Ms. KLOBUCHAR) and the Sen- turning to a life of crime. Investing in from being forced to pay taxes on for- ator from Indiana (Mr. DONNELLY) were community-based reentry programs given mortgage loan debt. added as cosponsors of S. 1644, a bill to prevents crime, reduces prison costs, S. 1208 amend title 10, United States Code, to improves public safety, and saves tax- provide for preliminary hearings on al- At the request of Mr. TESTER, the payer dollars. It is also the right thing leged offenses under the Uniform Code name of the Senator from Montana to do. of Military Justice. (Mr. BAUCUS) was added as a cosponsor This important legislation improves of S. 1208, a bill to require meaningful S. 1661 Federal reentry policy and funds col- disclosures of the terms of rental-pur- At the request of Mr. CRUZ, the laborations between State and local chase agreements, including disclo- names of the Senator from Florida (Mr. corrections agencies, nonprofits, edu- sures of all costs to consumers under RUBIO) and the Senator from Texas cational institutions, service providers, such agreements, to provide certain (Mr. CORNYN) were added as cosponsors and families to ensure that former of- substantive rights to consumers under of S. 1661, a bill to require the Sec- fenders have the resources and support such agreements, and for other pur- retary of State to offer rewards of up they need to become contributing poses. to $5,000,000 for information regarding members of the community. Our bill S. 1262 the attacks on the United States diplo- also seeks to expand upon the successes At the request of Mr. NELSON, the matic mission at Benghazi, Libya that of the original Second Chance Act by name of the Senator from Connecticut began on September 11, 2012. continuing, improving, and consoli- (Mr. BLUMENTHAL) was added as a co- S. 1675 dating its programs, while reauthor- sponsor of S. 1262, a bill to require the At the request of Mr. WHITEHOUSE, izing these important grant programs Secretary of Veterans Affairs to estab- the name of the Senator from Ohio at reduced levels in recognition of cur- lish a veterans conservation corps, and (Mr. PORTMAN) was added as a cospon- rent fiscal constraints. for other purposes. sor of S. 1675, a bill to reduce recidi- In 2008, I joined with Senators BIDEN, S. 1291 vism and increase public safety, and for SPECTER, and BROWNBACK as an origi- At the request of Mr. REED, the name other purposes. nal cosponsor of the Second Chance of the Senator from Oregon (Mr. S. 1683 Act, and helped to shepherd that legis- MERKLEY) was added as a cosponsor of At the request of Mr. MENENDEZ, the lation through the Senate. I was proud S. 1291, a bill to strengthen families’ name of the Senator from Indiana (Mr. when the Senate recognized the value

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.006 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S8002 CONGRESSIONAL RECORD — SENATE November 13, 2013 of the Second Chance Act and, after a ers Pilot Program and expands the pool ‘‘(d) COMBINED GRANT APPLICATION; PRI- great deal of work and compromise, of inmates eligible to apply for the pro- ORITY CONSIDERATION.— passed the bill unanimously. gram. ‘‘(1) IN GENERAL.—The Attorney General The bipartisan spirit of this legisla- Finally, the Second Chance Reau- shall develop a procedure to allow applicants to submit a single application for a planning tion also continues in the House, where thorization Act promotes account- grant under subsection (e) and an implemen- today Representatives SENSENBRENNER ability by requiring periodic audits of tation grant under subsection (f). and DAVIS will introduce an identical grantees to ensure that federal dollars ‘‘(2) PRIORITY CONSIDERATION.—The Attor- version of the Senate bill authored by are spent responsibly. Grantees who ney General shall give priority consideration myself and Senator PORTMAN. To- have unresolved audit problems will to grant applications under subsections (e) gether, we have been working hard for not be eligible for funding in future and (f) that include a commitment by the ap- the past several months to reach an years. plicant to partner with a local evaluator to agreement that is fair, fiscally respon- As a former prosecutor, I believe identify and analyze data that will— strongly in securing tough and appro- ‘‘(A) enable the grantee to target the in- sible, and meets the needs of key tended offender population; and stakeholders. As a result, we have the priate prison sentences for people who ‘‘(B) serve as a baseline for purposes of the support of faith groups, law enforce- break our laws. But it is also impor- evaluation. ment, and community groups who pro- tant that we do everything we can to ‘‘(e) PLANNING GRANTS.— vide services to the mentally ill and ensure that when people get out of ‘‘(1) IN GENERAL.—Except as provided in those struggling with addiction. This prison, they enter our communities as paragraph (3), the Attorney General may broad coalition has one thing in com- productive members of society, so we make a grant to an eligible entity of not mon—we all want to see our justice can start to reverse the dangerous more than $75,000 to develop a strategic, col- system work better. cycle of recidivism and violence. The laborative plan for an adult or juvenile of- In the past few decades, Congress and Second Chance Reauthorization Act fender reentry demonstration project as described in subsection (h) that includes— the states have passed new criminal helps break this cycle. ‘‘(A) a budget and a budget justification; laws creating longer sentences for I thank Senator PORTMAN, Represent- ‘‘(B) a description of the outcome measures more and more crimes. As a result, our ative SENSENBRENNER, and Representa- that will be used to measure the effective- country currently incarcerates more tive DAVIS for their hard work and co- ness of the program in promoting public than two million people, and more than operation in leading these efforts. We safety and public health; 13 million people spend some time in have come together in a truly excep- ‘‘(C) the activities proposed; jail or prison each year. This has re- tional way in this bipartisan, bi- ‘‘(D) a schedule for completion of the ac- sulted in severely stretched budgets cameral effort. I am proud of the work tivities described in subparagraph (C); and ‘‘(E) a description of the personnel nec- and we have fewer resources for pro- we have done so far and I look forward essary to complete the activities described grams that actually prevent crime in to joining with Democrats and Repub- in subparagraph (C). the first place. We cannot afford to licans to get this bill passed and signed ‘‘(2) MAXIMUM TOTAL GRANTS AND GEO- stay on our current path, and I am into law. GRAPHIC DIVERSITY.— working on separate legislation to ad- Mr. President, President, I ask unan- ‘‘(A) MAXIMUM AMOUNT.—The Attorney dress the exploding costs of our Federal imous consent that the text of the bill General may not make planning grants and prisons. The Second Chance Reauthor- be printed in the RECORD. implementation grants to 1 eligible entity in ization Act helps support innovative There being no objection, the text of a total amount that is more than a $1,000,000. the bill was ordered to be printed in ‘‘(B) GEOGRAPHIC DIVERSITY.—The Attorney reentry programs at the state and local General shall make every effort to ensure eq- level which have brought down costs the RECORD, as follows: uitable geographic distribution of grants and reduced recidivism, and the federal S. 1690 under this section and take into consider- system should replicate these efforts. Be it enacted by the Senate and House of Rep- ation the needs of underserved populations, More than 650,000 ex-offenders are re- resentatives of the United States of America in including rural and tribal communities. leased from prison each year. The expe- Congress assembled, ‘‘(3) PERIOD OF GRANT.—A planning grant rience inmates have in prison, how we SECTION 1. SHORT TITLE. made under this subsection shall be for a pe- prepare them to rejoin society, and This Act may be cited as the ‘‘Second riod of not longer than 1 year, beginning on how we integrate them into the broad- Chance Reauthorization Act of 2013’’. the first day of the month in which the planning grant is made. er community when they are released SEC. 2. IMPROVEMENTS TO EXISTING PRO- GRAMS. ‘‘(f) IMPLEMENTATION GRANTS.— are issues that profoundly affect the (a) REAUTHORIZATION OF ADULT AND JUVE- ‘‘(1) APPLICATIONS.—An eligible entity de- communities in which we live. NILE OFFENDER STATE AND LOCAL DEM- siring an implementation grant under this The Second Chance Act funds grants ONSTRATION PROJECTS.—Section 2976 of title I subsection shall submit to the Attorney Gen- for key reentry programs and requires of the Omnibus Crime Control and Safe eral an application that— that these programs demonstrate Streets Act of 1968 (42 U.S.C. 3797w) is ‘‘(A) contains a reentry strategic plan as measurable positive results, including amended— described in subsection (h), which describes a reduction in recidivism. (1) by striking subsection (a) and inserting the long-term strategy and incorporates a The Second Chance Act of 2008 au- the following: detailed implementation schedule, including thorized research into educational ‘‘(a) GRANT AUTHORIZATION.—The Attorney the plans of the applicant to fund the pro- General shall make grants to States, local gram after Federal funding is discontinued; methods used in prisons and jails. To- governments, territories, or Indian tribes, or ‘‘(B) identifies the local government role day’s reauthorization bill directs the any combination thereof (in this section re- and the role of governmental agencies and Attorney General to review that referred to as an ‘eligible entity’), in partner- nonprofit organizations that will be coordi- search, identify best practices, and im- ship with interested persons (including Fed- nated by, and that will collaborate on, the plement them in our prisons and jails. eral corrections and supervision agencies), offender reentry strategy of the applicant, The bill also makes nonprofit organi- services providers, and nonprofit organiza- and certifies the involvement of such agen- zations eligible for grants promoting tions for the purpose of strategic planning cies and organizations; family-based substance abuse treat- and implementation of adult and juvenile of- ‘‘(C) describes the evidence-based method- fender reentry projects.’’; ology and outcome measures that will be ment and training in technology ca- (2) in subsection (b)— used to evaluate the program funded with a reers. It gives priority consideration to (A) in paragraph (3), by inserting ‘‘or re- grant under this subsection, and specifically applicants that conduct individualized entry courts,’’ after ‘‘community,’’; explains how such measurements will pro- post-release employment planning, (B) in paragraph (6), by striking ‘‘and’’ at vide valid measures of the impact of that demonstrate connections to employers the end; program; and within the local community, or track (C) in paragraph (7), by striking the period ‘‘(D) describes how the project could be and monitor employment outcomes. at the end and inserting ‘‘; and’’; and broadly replicated if demonstrated to be ef- This legislation also makes improve- (D) by adding at the end the following: fective. ments to federal reentry policy that ‘‘(8) promoting employment opportunities ‘‘(2) REQUIREMENTS.—The Attorney General consistent with the Transitional Jobs strat- may make a grant to an applicant under this have the added benefit of reducing Bu- egy (as defined in section 4 of the Second subsection only if the application— reau of Prison costs. It continues the Chance Act of 2007 (42 U.S.C. 17502)).’’; ‘‘(A) reflects explicit support of the chief successful Elderly and Family Reunifi- (3) by striking subsections (d), (e), and (f) executive officer, or their designee, of the cation for Certain Non-Violent Offend- and inserting the following: State, unit of local government, territory, or

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assessment tools; and high school, GED, vocational training, and ‘‘(C) provides extensive evidence of collabo- ‘‘(G) target offenders with histories of college education; ration with State and local government homelessness, substance abuse, or mental ill- ‘‘(K) increased number of individuals ob- agencies overseeing health, housing, child ness, including a prerelease assessment of taining and retaining employment; welfare, education, substance abuse, victims the housing status of the offender and behav- ‘‘(L) increased number of individuals ob- services, and employment services, and with ioral health needs of the offender with clear taining and maintaining housing; local law enforcement agencies; coordination with mental health, substance ‘‘(M) increased self-reports of successful ‘‘(D) provides a plan for analysis of the abuse, and homelessness services systems to community living, including stability of liv- statutory, regulatory, rules-based, and prac- achieve stable and permanent housing out- ing situation and positive family relation- tice-based hurdles to reintegration of offend- comes with appropriate support service. ships; ers into the community; ‘‘(4) AMOUNT.—The amount of a grant made ‘‘(N) reduction in drug and alcohol use; and ‘‘(E) includes the use of a State, local, ter- under this subsection may not be more than ‘‘(O) reduction in recidivism rates for indi- ritorial, or tribal task force, described in $925,000. viduals receiving reentry services after re- subsection (i), to carry out the activities ‘‘(5) PERIOD OF GRANT.—A grant made lease, as compared to either baseline recidi- funded under the grant; under this subsection shall be effective for a vism rates in the jurisdiction of the grantee ‘‘(F) provides a plan for continued collabo- 2-year period— or recidivism rates of the control or com- ration with a local evaluator as necessary to ‘‘(A) beginning on the date on which the parison group.’’; meeting the requirements under subsection planning grant awarded under subsection (e) (C) in paragraph (3), by striking ‘‘facili- (h); and concludes; or ties.’’ and inserting ‘‘facilities, including a ‘‘(G) demonstrates that the applicant par- ‘‘(B) in the case of an implementation cost-benefit analysis to determine the cost ticipated in the planning grant process or en- grant awarded to an eligible entity that did effectiveness of the reentry program.’’; gaged in comparable planning for the reentry not receive a planning grant, beginning on (D) in paragraph (4), by striking ‘‘this sec- project. the date on which the implementation grant tion’’ and inserting ‘‘subsection (f)’’; and ‘‘(3) PRIORITY CONSIDERATIONS.—The Attor- is awarded.’’; (E) in paragraph (5), by striking ‘‘this sec- ney General shall give priority to grant ap- (4) in subsection (h)— tion’’ and inserting ‘‘subsection (f)’’; plications under this subsection that best— (A) by redesignating paragraphs (2) and (3) (7) in subsection (k)(1), by striking ‘‘this ‘‘(A) focus initiative on geographic areas as paragraphs (3) and (4), respectively; and section’’ each place the term appears and in- with a disproportionate population of offend- (B) by striking paragraph (1) and inserting serting ‘‘subsection (f)’’; ers released from prisons, jails, and juvenile the following: (8) in subsection (l)— facilities; ‘‘(1) IN GENERAL.—As a condition of receiv- (A) in paragraph (2), by inserting ‘‘begin- ‘‘(B) include— ing financial assistance under subsection (f), ning on the date on which the most recent ‘‘(i) input from nonprofit organizations, in each application shall develop a comprehen- implementation grant is made to the grantee any case where relevant input is available sive reentry strategic plan that— under subsection (f)’’ after ‘‘2-year period’’; and appropriate to the grant application; ‘‘(A) contains a plan to assess inmate re- and ‘‘(ii) consultation with crime victims and entry needs and measurable annual and 3- (B) in paragraph (4), by striking ‘‘over a 2- offenders who are released from prisons, year performance outcomes; year period’’ and inserting ‘‘during the 2- jails, and juvenile facilities; ‘‘(B) uses, to the maximum extent possible, year period described in paragraph (2)’’; ‘‘(iii) coordination with families of offend- randomly assigned and controlled studies, or (9) in subsection (o)(1), by striking ‘‘appro- ers; rigorous quasi-experimental studies with priated’’ and all that follows and inserting ‘‘(iv) input, where appropriate, from the ju- matched comparison groups, to determine the following: ‘‘appropriated $35,000,000 for venile justice coordinating council of the re- the effectiveness of the program funded with each of fiscal years 2014 through 2018.’’; and gion; a grant under subsection (f); and (10) by adding at the end the following: ‘‘(v) input, where appropriate, from the re- ‘‘(C) includes as a goal of the plan to re- ‘‘(p) DEFINITION.—In this section, the term entry coordinating council of the region; and duce the rate of recidivism for offenders re- ‘reentry court’ means a program that— ‘‘(vi) other interested persons, as appro- leased from prison, jail or a juvenile facility ‘‘(1) monitors juvenile and adult eligible priate; with funds made available under subsection offenders reentering the community; ‘‘(C) demonstrate effective case assessment (f). ‘‘(2) provides continual judicial super- and management abilities in order to provide ‘‘(2) LOCAL EVALUATOR.—A partnership vision; comprehensive and continuous reentry, in- with a local evaluator described in sub- ‘‘(3) provides juvenile and adult eligible of- cluding— section (d)(2) shall require the local eval- fenders reentering the community with co- ‘‘(i) planning for prerelease transitional uator to use the baseline data and target ordinated and comprehensive reentry serv- housing and community release that begins population characteristics developed under a ices and programs, such as— upon admission for juveniles and jail in- subsection (e) planning grant to derive a fea- ‘‘(A) drug and alcohol testing and assess- mates, and, as appropriate, for prison in- sible and meaningful target goal for recidi- ment for treatment; mates, depending on the length of the sen- vism reduction during the 3-year period be- ‘‘(B) assessment for substance abuse from a tence; ginning on the date of implementation of the substance abuse professional who is approved ‘‘(ii) establishing prerelease planning pro- program.’’; by the State or Indian tribe and licensed by cedures to ensure that the eligibility of an (5) in subsection (i)(1)— the appropriate entity to provide alcohol and offender for Federal, tribal, or State benefits (A) in the matter preceding subparagraph drug addiction treatment, as appropriate; upon release is established prior to release, (A), by striking ‘‘under this section’’ and in- ‘‘(C) substance abuse treatment from a pro- subject to any limitations in law, and to en- serting ‘‘under subsection (f)’’; and vider that is approved by the State or Indian sure that offenders obtain all necessary re- (B) in subparagraph (B), by striking ‘‘sub- tribe, and licensed, if necessary, to provide ferrals for reentry services, including assist- section (e)(4)’’ and inserting ‘‘subsection medical and other health services; ance identifying and securing suitable hous- (f)(2)(D)’’; ‘‘(D) health (including mental health) serving; and (6) in subsection (j)— ices and assessment; ‘‘(iii) delivery of continuous and appro- (A) in paragraph (1), by inserting ‘‘for an ‘‘(E) aftercare and case management serv- priate mental health services, drug treat- implementation grant under subsection (f)’’ ices that— ment, medical care, job training and place- after ‘‘applicant’’; ‘‘(i) facilitate access to clinical care and ment, educational services, vocational serv- (B) in paragraph (2)— related health services; and ices, and any other service or support needed (i) in subparagraph (E), by inserting ‘‘, ‘‘(ii) coordinate with such clinical care and for reentry; where appropriate’’ after ‘‘support’’; and related health services; and ‘‘(D) review the process by which the appli- (ii) by striking subparagraphs (F), (G), and ‘‘(F) any other services needed for reentry; cant adjudicates violations of parole, proba- (H), and inserting the following: ‘‘(4) convenes community impact panels, tion, or supervision following release from ‘‘(F) increased number of staff trained to victim impact panels, or victim impact edu- prison, jail, or a juvenile facility, taking administer reentry services; cational classes; into account public safety and the use of ‘‘(G) increased proportion of individuals ‘‘(5) provides and coordinates the delivery graduated, community-based sanctions for served by the program among those eligible of community services to juvenile and adult minor and technical violations of parole, to receive services; eligible offenders, including— probation, or supervision (specifically those ‘‘(H) increased number of individuals re- ‘‘(A) housing assistance; violations that are not otherwise, and inde- ceiving risk screening needs assessment, and ‘‘(B) education; pendently, a violation of law); case planning services; ‘‘(C) job training;

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‘‘(D) conflict resolution skills training; cal years 2014, 2015, 2016, 2017, and 2018 for (2) TABLE OF CONTENTS AMENDMENT.—The ‘‘(E) batterer intervention programs; and grants for purposes described in section table of contents in section 2 of the Second ‘‘(F) other appropriate social services; and 3005(a)(4)’’. Chance Act of 2007 (42 U.S.C. 17501 note) is ‘‘(6) establishes and implements graduated (d) CAREERS TRAINING DEMONSTRATION amended by striking the item relating to sanctions and incentives.’’. GRANTS.—Section 115 of the Second Chance section 211 and inserting the following: (b) GRANTS FOR FAMILY-BASED SUBSTANCE Act of 2007 (42 U.S.C. 17511) is amended— ‘‘Sec. 211. Community-based mentoring and ABUSE TREATMENT.—Part DD of title I of the (1) in subsection (a)— transitional service grants.’’. Omnibus Crime Control and Safe Streets Act (A) by striking ‘‘and Indian’’ and inserting (g) DEFINITIONS.— of 1968 (42 U.S.C. 3797s et seq.) is amended— ‘‘nonprofit organizations, and Indian’’; and (1) IN GENERAL.—Section 4 of the Second (1) in section 2921 (42 U.S.C. 3797s), in the (B) by striking ‘‘technology career training matter preceding paragraph (1), by inserting Chance Act of 2007 (42 U.S.C. 17502) is amend- to prisoners’’ and inserting ‘‘career training, ed to read as follows: ‘‘nonprofit organizations,’’ before ‘‘and In- including subsidized employment, when part dian’’; of a training program, to prisoners and reen- ‘‘SEC. 4. DEFINITIONS. (2) in section 2923 (42 U.S.C. 3797s–2), by tering youth and adults’’; ‘‘In this Act— adding at the end the following: (2) in subsection (b)— ‘‘(1) the term ‘exoneree’ means an indi- ‘‘(c) PRIORITY CONSIDERATIONS.—The Attor- (A) by striking ‘‘technology careers train- vidual who— ney General shall give priority consideration ing’’; ‘‘(A) has been convicted of a Federal, trib- to grant applications for grants under sec- (B) by striking ‘‘technology-based’’; and al, or State offense that is punishable by a tion 2921 that are submitted by a nonprofit (C) by inserting ‘‘, as well as upon transi- term of imprisonment of more than 1 year; organization that demonstrates a relation- tion and reentry into the community’’ after ‘‘(B) has served a term of imprisonment for ship with State and local criminal justice ‘‘facility’’; not less than 6 months in a Federal, tribal, agencies, including— (3) by striking subsections (c) and (e); or State prison or correctional facility as a ‘‘(1) within the judiciary and prosecutorial (4) by inserting after subsection (b) the fol- result of the conviction described in subpara- agencies; or lowing: graph (A); and ‘‘(2) with the local corrections agencies, ‘‘(C) has been determined to be factually ‘‘(c) PRIORITY CONSIDERATION.—Priority which shall be documented by a written consideration shall be given to any applica- innocent of the offense described in subpara- agreement that details the terms of access to tion under this section that— graph (A); facilities and participants and provides in- ‘‘(1) provides assessment of local demand ‘‘(2) the term ‘Indian tribe’ has the mean- formation on the history of the organization for employees in the geographic areas to ing given in section 901 of the Omnibus of working with correctional populations.’’; which offenders are likely to return; Crime Control and Safe Streets Act of 1968 and ‘‘(2) conducts individualized reentry career (42 U.S.C. 3791); (3) by striking section 2926(a) (42 U.S.C. planning upon the start of incarceration or ‘‘(3) the term ‘offender’ includes an 3797s–5(a)), and inserting the following: post-release employment planning for each exoneree; and ‘‘(a) IN GENERAL.—There are authorized to offender served under the grant; ‘‘(4) the term ‘Transitional Jobs strategy’ be appropriated to carry out this part ‘‘(3) demonstrates connections to employ- means an employment strategy for youth $10,000,000 for each of fiscal years 2014 ers within the local community; or and adults who are chronically unemployed through 2018.’’. ‘‘(4) tracks and monitors employment out- or those that have barriers to employment (c) GRANT PROGRAM TO EVALUATE AND IM- that— PROVE EDUCATIONAL METHODS AT PRISONS, comes.’’; and (5) by adding at the end the following: ‘‘(A) is conducted by State, tribal, and JAILS, AND JUVENILE FACILITIES.—Title I of local governments, State, tribal, and local ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— the Omnibus Crime Control and Safe Streets workforce boards, and nonprofit organiza- There are authorized to be appropriated to Act of 1968 (42 U.S.C. 3711 et seq.) is amend- tions; carry out this section $10,000,000 for each of ed— ‘‘(B) provides time-limited employment fiscal years 2014, 2015, 2016, 2017, and 2018.’’. (1) by redesignating part KK (42 U.S.C. using individual placements, team place- (e) OFFENDER REENTRY SUBSTANCE ABUSE 3797ee et seq.) as part LL; ments, and social enterprise placements, AND CRIMINAL JUSTICE COLLABORATION PRO- (2) by redesignating the second part des- without displacing existing employees; GRAM.—Section 201(f)(1) of the Second ignated as part JJ, as added by the Second ‘‘(C) pays wages in accordance with appli- Chance Act of 2007 (42 U.S.C. 17521(f)(1)) is Chance Act of 2007 (Public Law 110–199; 122 cable law, but in no event less than the high- amended to read as follows: Stat. 677), relating to grants to evaluate and er of the rate specified in section 6(a)(1) of ‘‘(1) IN GENERAL.—There are authorized to improve educational methods, as part KK; the Fair Labor Standards Act of 1938 (29 be appropriated to carry out this section (3) by redesignating the second section des- U.S.C. 206(a)(1)) or the applicable State or $15,000,000 for each of fiscal years 2014 ignated as section 3001 and section 3002 (42 local minimum wage law, which are sub- through 2018.’’. U.S.C. 3797dd and 3797dd–1), as added by the sidized, in whole or in part, by public funds; Second Chance Act of 2007 (Public Law 110– (f) COMMUNITY-BASED MENTORING AND ‘‘(D) combines time-limited employment 199; 122 Stat. 677), relating to grants to evalu- TRANSITIONAL SERVICE GRANTS TO NONPROFIT with activities that promote skill develop- ate and improve educational methods, as ORGANIZATIONS.— ment, remove barriers to employment, and sections 3005 and 3006, respectively; (1) IN GENERAL.—Section 211 of the Second lead to unsubsidized employment such as a (4) in section 3005, as so redesignated— Chance Act of 2007 (42 U.S.C. 17531) is amend- thorough orientation and individual assess- (A) in subsection (a)— ed— ment, job readiness and life skills training, (i) in paragraph (2), by striking ‘‘and’’ at (A) in the header, by striking ‘‘MEN- case management and supportive services, the end; TORING GRANTS TO NONPROFIT ORGANI- adult education and training, child support- (ii) in paragraph (3), by striking the period ZATIONS’’ and inserting ‘‘COMMUNITY- related services, job retention support and at the end and inserting ‘‘; and’’; and BASED MENTORING AND TRANSITIONAL incentives, and other similar activities; (iii) by adding at the end the following: SERVICE GRANTS TO NONPROFIT ORGA- ‘‘(E) places participants into unsubsidized ‘‘(4) implement methods to improve aca- NIZATIONS’’; employment; and demic and vocational education for offenders (B) in subsection (a), by striking ‘‘men- ‘‘(F) provides job retention, re-employment in prisons, jails, and juvenile facilities con- toring and other’’; services, and continuing and vocational edu- sistent with the best practices identified in (C) in subsection (b), by striking paragraph cation to ensure continuing participation in subsection (c).’’; (2) and inserting the following: unsubsidized employment and identification (B) by redesignating subsection (c) as sub- ‘‘(2) transitional services to assist in the of opportunities for advancement.’’. reintegration of offenders into the commu- section (d); and (2) TABLE OF CONTENTS AMENDMENT.—The (C) by inserting after subsection (b), the nity, including— table of contents in section 2 of the Second following: ‘‘(A) educational, literacy, and vocational, Chance Act of 2007 (42 U.S.C. 17501 note) is ‘‘(c) BEST PRACTICES.—Not later than 180 services and the Transitional Jobs strategy; amended by striking the item relating to days after the date of enactment of the Sec- ‘‘(B) substance abuse treatment and serv- section 4 and inserting the following: ond Chance Reauthorization Act of 2013, the ices; Attorney General shall identify and publish ‘‘(C) coordinated supervision and com- ‘‘Sec. 4. Definitions.’’. best practices relating to academic and voca- prehensive services for offenders, including (h) EXTENSION OF THE LENGTH OF SECTION tional education for offenders in prisons, housing and mental and physical health 2976 GRANTS.—Section 6(1) of the Second jails, and juvenile facilities. The best prac- care; Chance Act of 2007 (42 U.S.C. 17504(1)) is tices shall consider the evaluations per- ‘‘(D) family services; and amended by inserting ‘‘or under section 2976 formed and recommendations made under ‘‘(E) validated assessment tools to assess of the Omnibus Crime Control and Safe grants made under subsection (a) before the the risk factors of returning inmates; and’’; Streets Act of 1968 (42 U.S.C. 3797w)’’ after date of enactment of the Second Chance Re- and ‘‘and 212’’. authorization Act of 2013.’’; and (D) in subsection (f), by striking ‘‘this sec- SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANT- (5) in section 3006, as so redesignated, by tion’’ and all that follows and inserting the EES. striking ‘‘to carry’’ and all that follows following: ‘‘this section $15,000,000 for fiscal (a) DEFINITION.—In this section, the term through ‘‘2010’’ and inserting ‘‘for each of fis- years 2014 through 2018.’’. ‘‘unresolved audit finding’’ means an audit

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report finding or recommendation that a (1) by striking ‘‘243, and 244’’ and inserting (b) DUTIES.—The Task Force shall— grantee has used grant funds for an unau- ‘‘and 243’’; and (1) identify such programs and activities thorized expenditure or otherwise unallow- (2) by striking ‘‘$10,000,000 for each of the that may be resulting in overlap or duplica- able cost that is not closed or resolved dur- fiscal years 2009 and 2010’’ and inserting tion of services, the scope of such overlap or ing a 1-year period beginning on the date of ‘‘$5,000,000 for each of the fiscal years 2014, duplication, and the relationship of such an initial notification of the finding or rec- 2015, 2016, 2017, and 2018’’. overlap and duplication to public safety, ommendation. (f) FEDERAL PRISONER RECIDIVISM REDUC- public health, and effectiveness and effi- (b) AUDIT REQUIREMENT.—Beginning in fis- TION PROGRAMMING ENHANCEMENT.— ciency; cal year 2013, and every 3 years thereafter, (1) IN GENERAL.—Section 3621 of title 18, (2) identify methods to improve collabora- the Inspector General of the Department of United States Code, is amended— tion and coordination of such programs and Justice shall conduct an audit of not less (A) by redesignating subsection (g) as sub- activities; than 5 percent of all grantees that are section (h); and (3) identify areas of responsibility in which awarded funding under— (B) by inserting after subsection (f) the fol- improved collaboration and coordination of (1) section 2976(b) of title I of the Omnibus lowing: such programs and activities would result in Crime Control and Safe Streets Act of 1968 ‘‘(g) PARTNERSHIPS TO EXPAND ACCESS TO increased effectiveness or efficiency; (42 U.S.C. 3797w(b)); REENTRY PROGRAMS PROVEN TO REDUCE RE- (4) develop innovative interagency or (2) part CC of title I of the Omnibus Crime CIDIVISM.— intergovernmental programs, activities, or Control and Safe Streets Act of 1968 (42 ‘‘(1) DEFINITION.—The term ‘demonstrated procedures that would improve outcomes of U.S.C. 3797q et seq.), as amended by this Act; to reduce recidivism’ means that the Direc- reentering offenders and children of offend- (3) part DD of title I of the Omnibus Crime tor of Bureau of Prisons has determined that ers; Control and Safe Streets Act of 1968 (42 appropriate research has been conducted and (5) develop methods for increasing regular U.S.C. 3797s et seq.); has validated the effectiveness of the type of communication among agencies that would (4) part JJ of title I of the Omnibus Crime program on recidivism. increase interagency program effectiveness; Control and Safe Streets Act of 1968 (42 ‘‘(2) ELIGIBILITY FOR RECIDIVISM REDUCTION (6) identify areas of research that can be U.S.C. 3797dd et seq.); or PARTNERSHIP.—A faith-based or community- coordinated across agencies with an empha- (5) section 115, 201, or 211 of the Second based nonprofit organization that provides sis on applying evidence-based practices to Chance Act of 2007 (42 U.S.C. 17511, 17521, and mentoring or other programs that have been support, treatment, and intervention pro- 17531). demonstrated to reduce recidivism is eligible grams for reentering offenders; (c) MANDATORY EXCLUSION.—A grantee that to enter into a recidivism reduction partner- (7) identify funding areas that should be is found to have an unresolved audit finding ship with a prison or community-based facil- coordinated across agencies and any gaps in under an audit conducted under subsection ity operated by the Bureau of Prisons. funding; and (b) may not receive grant funds under the ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— (8) in collaboration with the National grant programs described in paragraphs (1) The Director of the Bureau of Prisons shall Adult and Juvenile Offender Reentry Re- through (5) of subsection (b) in the fiscal develop policies to require wardens of pris- sources Center, identify successful programs year following the fiscal year to which the ons and community-based facilities to enter currently operating and collect best prac- finding relates. into recidivism reduction partnerships with tices in offender reentry from demonstration grantees and other agencies and organiza- (d) PRIORITY OF GRANT AWARDS.—The At- faith-based and community-based nonprofit tions, determine the extent to which such torney General, in awarding grants under organizations that are willing to provide, on programs and practices can be replicated, the programs described in paragraphs (1) a volunteer basis, programs described in and make information on such programs and through (5) of subsection (b) shall give pri- paragraph (2). practices available to States, localities, non- ority to eligible entities that during the 2- ‘‘(4) REPORTING REQUIREMENT.—The Direc- profit organizations, and others. year period preceding the application for a tor of the Bureau of Prisons shall submit to (c) REPORT.— grant have not been found to have an unre- Congress an annual report on the last day of (1) IN GENERAL.—Not later than 1 year after solved audit finding. each fiscal year that— ‘‘(A) details, for each prison and commu- the date of the enactment of this Act, the SEC. 4. FEDERAL REENTRY IMPROVEMENTS. nity-based facility for the fiscal year just Task Force shall submit a report, including (a) RESPONSIBLE REINTEGRATION OF OF- ended— recommendations, to Congress on barriers to FENDERS.—Section 212 of the Second Chance ‘‘(i) the number of recidivism reduction reentry. Act of 2007 (42 U.S.C. 17532) is repealed. (2) CONTENTS.—The report required under partnerships under this section that were in (b) FEDERAL PRISONER REENTRY INITIA- paragraph (1) shall identify Federal and effect; TIVE.—Section 231 of the Second Chance Act other barriers to successful reentry of of- ‘‘(ii) the number of volunteers that proof 2007 (42 U.S.C. 17541) is amended— fenders into the community and analyze the vided recidivism reduction programming; (1) in subsection (g)— effects of such barriers on offenders and on and (A) in paragraph (3), by striking ‘‘carried children and other family members of offend- ‘‘(iii) the number of recidivism reduction out during fiscal years 2009 and 2010’’ and in- ers, including— programming hours provided; and serting ‘‘carried out during fiscal years 2014 (A) admissions and evictions from Federal ‘‘(B) explains any disparities between fa- through 2018’’; and housing programs; cilities in the numbers reported under sub- (B) in paragraph (5)(A)— (B) child support obligations and proce- paragraph (A).’’. (i) in clause (i), by striking ‘‘65 years’’ and dures; (2) EFFECTIVE DATE.—The amendments inserting ‘‘60 years’’; and (C) Social Security benefits, veterans bene- made by paragraph (1) shall take effect 180 (ii) in clause (ii), by striking ‘‘or 75 per- fits, food stamps, and other forms of Federal days after the date of enactment of this Act. cent’’ and inserting ‘‘or 2⁄3’’; public assistance; (g) REPEALS.— (2) by striking subsection (h); (1) Section 2978 of title I of the Omnibus (D) Medicaid Program and Medicare Pro- (3) by redesignating subsection (i) as sub- Crime Control and Safe Streets Act of 1968 gram procedures, requirements, regulations, section (h); and (42 U.S.C. 3797w–2) is repealed. and guidelines; (4) in subsection (h), as so redesignated, by (2) Part CC of title I of the Omnibus Crime (E) education programs, financial assist- striking ‘‘2009 and 2010’’ and inserting ‘‘2014 Control and Safe Streets Act of 1968 (42 ance, and full civic participation; through 2018’’. U.S.C. 3797q et seq.) is repealed. (F) Temporary Assistance for Needy Fami- (c) ENHANCING REPORTING REQUIREMENTS lies program funding criteria and other wel- SEC. 5. TASK FORCE ON FEDERAL PROGRAMS PERTAINING TO COMMUNITY CORRECTIONS.— AND ACTIVITIES RELATING TO RE- fare benefits; Section 3624(c) of title 18, United States ENTRY OF OFFENDERS. (G) employment and training; Code, is amended— (a) TASK FORCE REQUIRED.—The Attorney (H) reentry procedures, case planning, and (1) in paragraph (5), in the second sentence, General, in consultation with the Secretary transitions of persons from the custody of by inserting ‘‘, and number of prisoners not of Housing and Urban Development, the Sec- the Federal Bureau of Prisons to a Federal being placed in community corrections fa- retary of Labor, the Secretary of Education, parole or probation program or community cilities for each reason set forth’’ before ‘‘, the Secretary of Health and Human Services, corrections; and any other information’’; and the Secretary of Veterans Affairs, the Sec- (I) laws, regulations, rules, and practices (2) in paragraph (6), by striking ‘‘the Sec- retary of Agriculture, and the heads of such that may require a parolee to return to the ond Chance Act of 2007’’ and inserting ‘‘the other agencies of the Federal Government as same county that they were living in before Second Chance Reauthorization Act of 2013’’. the Attorney General considers appropriate, their arrest and therefore prevent offenders (d) TERMINATION OF STUDY ON EFFECTIVE- and in collaboration with interested persons, from changing their setting upon release; NESS OF DEPOT NALTREXONE FOR HEROIN AD- service providers, nonprofit organizations, and DICTION.—Section 244 of the Second Chance States, tribal, and local governments, shall (J) trying to establish pre-release planning Act of 2007 (42 U.S.C. 17554) is repealed. establish an interagency task force on Fed- procedures for prisoners to ensure that a (e) AUTHORIZATION OF APPROPRIATIONS FOR eral programs and activities relating to the prisoner’s eligibility for Federal or State RESEARCH.—Section 245 of the Second reentry of offenders into the community (re- benefits (including Medicaid, Medicare, So- Chance Act of 2007 (42 U.S.C. 17555) is amend- ferred to in this section as the ‘‘Task cial Security and veterans benefits) upon reed— Force’’). lease is established prior to release, subject

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.016 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S8006 CONGRESSIONAL RECORD — SENATE November 13, 2013 to any limitations in law, and to ensure that enue Code of 1986 is amended by inserting laboratories, venture capital, and state prisoners are provided with referrals to ap- after the item relating to section 25D the fol- and nonprofit entities with expertise in propriate social and health services or are lowing new item: technology commercialization. The bill referred to appropriate nonprofit organiza- ‘‘Sec. 25E. Credit for hearing aids.’’. includes rigorous cost-share require- tions. (c) EFFECTIVE DATE.—The amendments (d) UPDATED REPORTS.—On an annual basis, ments to ensure that taxpayers are made by this section shall apply to taxable only partnering on the best ideas in the Task Force shall submit to Congress an years beginning after December 31, 2013. updated report on the activities of the Task which the private sector also has sig- Force, including specific recommendations By Mr. MARKEY: nificant capital committed. on issues described in subsections (b) and (c). S. 1698. A bill to provide for the es- We have seen the benefits of regional tablishment of clean technology con- innovation ecosystems in places like By Mr. HARKIN (for himself and sortia to enhance the economic, envi- Silicon Valley; Boston, Cambridge and Mr. HELLER): ronmental, and energy security of the the Route 128 Corridor; the Research S. 1694. A bill to amend the Internal United States by promoting domestic Triangle in North Carolina; Austin, Revenue Code of 1986 to allow a credit development, manufacture, and deploy- TX; and elsewhere. The geographic against income tax for the purchase of ment of clean technologies; to the proximity of institutions in these areas hearing aids; to the Committee on Fi- Committee on Energy and Natural Re- improves the flow of information be- nance. sources. tween scientists, engineers, and entre- Mr. HARKIN. Mr. President, I ask Mr. MARKEY. Mr. President, today I preneurs, and it facilitates the sharing unanimous consent that the text of the am introducing the Consortia-Led En- of skilled human resources and facili- bill be printed in the RECORD. ergy and Advanced Manufacturing Net- ties. Most critically when it comes to There being no objection, the text of works Act. commercializing innovations, these re- the bill was ordered to be printed in For more than a century, America’s gions have demonstrated a unique abil- the RECORD, as follows: innovation community has been the ity to pull investor capital off the side- S. 1694 foundation of our high-tech economy lines and channel it into new produc- Be it enacted by the Senate and House of Rep- and generated broad-based growth to tion. We need to bolster these existing resentatives of the United States of America in support a strong middle class. While ecosystems and help nurture new ones. Congress assembled, our innovators remain the best in the America’s universities and research SECTION 1. SHORT TITLE. world, we have seen a disturbing trend institutions are truly national treas- This Act may be cited as the ‘‘Hearing Aid in recent years. When it comes to mov- ures. Our venture capitalists and entre- Assistance Tax Credit Act’’. ing innovations out of the lab and into SEC. 2. CREDIT FOR HEARING AIDS. preneurs are the sharpest in the world. the factory, we are getting beat. When we sprinkle the right mix of sci- (a) IN GENERAL.—Subpart A of part IV of Breakthroughs achieved in U.S. re- subchapter A of chapter 1 of the Internal entific brain power and capitalist Revenue Code of 1986 (relating to nonrefund- search universities and laboratories are drive, we get something uniquely able personal credits) is amended by insert- all too often being commercialized and American and extremely potent. ing after section 25D the following new sec- manufactured overseas. As recent re- This legislation will help link inven- tion: search by the Massachusetts Institute tors with investors, professors with ‘‘SEC. 25E. CREDIT FOR HEARING AIDS. of Technology and others has dem- producers, and get technologies out of ‘‘(a) ALLOWANCE OF CREDIT.—In the case of onstrated, innovation and production laboratories and into factories. It pro- an individual, there shall be allowed as a are closely related. When manufac- vides the type of responsible and for- credit against the tax imposed by this chap- turing facilities move overseas, we lose ward-looking partnership that we need ter an amount equal to the amount paid dur- more than just those manufacturing ing the taxable year, not compensated by in- with the private sector right now. This surance or otherwise, by the taxpayer for the jobs. We can lose our ability to con- legislation builds on provisions I in- purchase of any qualified hearing aid. tinue to innovate in that industry and cluded in both the Waxman-Markey ‘‘(b) MAXIMUM AMOUNT.—The amount al- lose our hold on those jobs forever. bill and the America COMPETES reau- lowed as a credit under subsection (a) shall At the same time, we have some in- thorization, bills that passed the U.S. not exceed $500 per qualified hearing aid. dustries in the United States domi- House of Representatives in 2009 and ‘‘(c) QUALIFIED HEARING AID.—For purposes nated by deeply entrenched companies 2010, respectively. of this section, the term ‘qualified hearing that are resistant to innovation or ad- aid’ means a hearing aid— aptation of century-old business mod- f ‘‘(1) which is described in sections 874.3300 els. In those sectors, we need to look at SUBMITTED RESOLUTIONS and 874.3305 of title 21, Code of Federal Regu- lations, and is authorized under the Federal ways of partnering with our innovators Food, Drug, and Cosmetic Act for commer- on proof-of-concept and demonstration cial distribution, and projects so that more breakthroughs SENATE RESOLUTION 292—EX- ‘‘(2) which is intended for use— can bridge the so-called ‘‘Valley of PRESSING SUPPORT FOR THE ‘‘(A) by the taxpayer, or Death’’ between the lab bench and VICTIMS OF THE TYPHOON IN ‘‘(B) by an individual with respect to whom commercialization of a new tech- THE PHILIPPINES AND THE SUR- the taxpayer, for the taxable year, is allowed nology. That will ensure that innova- ROUNDING REGION a deduction under section 151(c) (relating to tive and potentially disruptive tech- deduction for personal exemptions for de- Mr. SCHATZ (for himself, Mr. pendents). nologies can actually reach the mar- MENENDEZ, Mr. DURBIN, Mr. CARDIN, ‘‘(d) ELECTION ONCE EVERY 5 YEARS.—This ket, and provide badly needed competi- Mr. RUBIO, Ms. HIRONO, Mr. UDALL of section shall apply with respect to any indi- tion in industries where incumbents New Mexico, Mrs. BOXER, and Mr. vidual for any taxable year only if there is may be failing to innovate. This is BEGICH) submitted the following reso- an election in effect with respect to such in- what my legislation is intended to ad- lution; which was referred to the Com- dividual (at such time and in such manner as dress. mittee on Foreign Relations: the Secretary may by regulations prescribe) In order to reach their full market S. RES. 292 to have this section apply for such taxable potential, scientific breakthroughs year. An election to have this section apply Whereas on November 8, 2013, Typhoon Yo- with respect to any individual may not be must be translated into commercial landa, also known as Typhoon Haiyan, made for any taxable year if such an election applications, demonstrated, connected struck the Republic of the Philippines and is in effect with respect to such individual to appropriate markets, and scaled up. the surrounding region; for any of the 4 taxable years preceding such The bill I am introducing today would Whereas Typhoon Yolanda is the strongest taxable year. fertilize America’s innovation eco- typhoon in recorded history to make land- ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No credit systems by making available $100 mil- fall; shall be allowed under subsection (a) for any lion to 6 or more consortia to support Whereas President Benigno Aquino III de- expense for which a deduction or credit is al- these types of activities and help shep- clared a state of national calamity after Ty- lowed under any other provision of this chap- phoon Yolanda hit the central Philippines; ter.’’. herd innovations through the commer- Whereas the typhoon caused widespread (b) CLERICAL AMENDMENT.—The table of cialization process. Consortia could in- flooding and landslides, particularly in the sections for subpart A of part IV of sub- clude a mix of research universities, provinces of Eastern Samar and Leyte, chapter A of chapter 1 of the Internal Rev- large and small companies, national which experienced storm surges of up to 13

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.016 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S8007 feet and sustained winds of more than 175 (6) encourages the United States and the SENATE RESOLUTION 294—EX- miles per hour; international community to provide addi- PRESSING SUPPORT FOR THE Whereas authorities in the Philippines tional humanitarian assistance to aid the GOALS OF NATIONAL ADOPTION have confirmed at least 1,798 deaths, a toll survivors and support reconstruction efforts, DAY AND NATIONAL ADOPTION that is expected to rise as thousands of indi- as appropriate. viduals remain missing as of the date of this MONTH BY PROMOTING NA- resolution; TIONAL AWARENESS OF ADOP- f Whereas unofficial estimates project the TION AND THE CHILDREN number of deaths to be over 10,000; AWAITING FAMILIES, CELE- Whereas, according to the United Nations SENATE RESOLUTION 293—DESIG- BRATING CHILDREN AND FAMI- Office for the Coordination of Humanitarian NATING THE WEEK BEGINNING LIES INVOLVED IN ADOPTION, Affairs, more than 670,000 people have been ON NOVEMBER 18, 2013, AS ‘‘NA- AND ENCOURAGING THE PEOPLE displaced and 11,300,000 people have been af- TIONAL TRIBAL COLLEGES AND OF THE UNITED STATES TO SE- fected by Typhoon Yolanda; CURE SAFETY, PERMANENCY, Whereas, according to the Philippine Na- UNIVERSITIES WEEK’’ tional Disaster Risk Reduction and Manage- AND WELL-BEING FOR ALL CHIL- ment Council, the typhoon destroyed or Ms. HEITKAMP (for herself, Mr. DREN damaged approximately 149,015 houses, as HOEVEN, Mr. BEGICH, Mr. UDALL of New Ms. LANDRIEU (for herself, Mr. well as public infrastructure and agricul- Mexico, Mrs. MURRAY, Mr. SCHATZ, Ms. INHOFE, Ms. KLOBUCHAR, Mr. GRASSLEY, tural land across 41 provinces; HIRONO, Mr. TESTER, Mr. FRANKEN, Mr. Mr. UDALL of New Mexico, Mr. BLUNT, Whereas, in Ormoc City, the second largest Mr. KING, Mr. CORNYN, Mr. THUNE, Mr. city in the province of Leyte, the typhoon LEVIN, Mr. MORAN, Mr. JOHNSON of JOHNSON of South Dakota, Mr. damaged or destroyed approximately 80 to 90 South Dakota, Mr. THUNE, Ms. STABE- percent of housing; NOW, Mr. BARRASSO, Ms. BALDWIN, Ms. PORTMAN, Mr. WICKER, Mrs. FISCHER, Mr. MORAN, Mr. BOOZMAN, and Mr. Whereas the United Nations World Food KLOBUCHAR, Mr. BAUCUS, and Mr. HEIN- Program estimates that 2,500,000 people will COCHRAN) submitted the following reso- RICH) submitted the following resolu- need food assistance in the aftermath of the lution; which was considered and typhoon; tion; which was considered and agreed agreed to: Whereas the Government of the Phil- to: S. RES. 294 ippines has been leading and coordinating S. RES. 293 Whereas there are millions of unparented the disaster response in the Philippines, in- children in the world, including 399,546 chil- Whereas there are 37 tribal colleges and cluding the evacuation of more than 792,000 dren in the foster care system in the United universities operating on more than 75 cam- people to temporary shelters and pre-posi- States, approximately 102,000 of whom are tioning food commodities and emergency re- puses in 15 States; waiting for families to adopt them; lief supplies in advance of the typhoon, and Whereas tribal colleges and universities Whereas 60 percent of the children in foster deploying military assets and road-clearing are tribally or Federally chartered institu- care in the United States are age 10 or equipment to assist with relief operations; tions of higher education and therefore have younger; Whereas the response by the United States a unique relationship with the Federal Gov- Whereas the average length of time a child Government to this tragedy has included ernment; spends in foster care is approximately 2 $20,000,000 in aid; Whereas tribal colleges and universities years; Whereas a United States Agency for Inter- serve students from more than 250 Federally Whereas for many foster children, the wait national Development Disaster Assistance recognized Indian tribes; for a loving family in which they are nur- Response Team, elements of the 3rd Marine Whereas tribal colleges and universities tured, comforted, and protected seems end- Expeditionary Brigade, and other United offer students access to knowledge and skills less; States military and civilian personnel have grounded in cultural traditions and values, Whereas in 2012, nearly 26,000 youth ‘‘aged deployed to the Philippines to provide aid including indigenous languages, which en- out’’ of foster care by reaching adulthood and coordinate United States relief efforts; without being placed in a permanent home; Whereas the Philippines and the United hance Indian communities and enrich the United States as a whole; Whereas every day, loving and nurturing States fought side-by-side during World War families are strengthened and expanded when Whereas tribal colleges and universities II to defend the Bataan Peninsula and subse- committed and dedicated individuals make provide access to quality higher education quently liberate the Philippines from Japa- an important difference in the life of a child opportunities for American Indians, Alaska nese control; through adoption; Whereas the Philippines and the United Natives, and other individuals living in some Whereas a 2007 survey conducted by the States share a long, close relationship as al- of the most isolated and economically de- Dave Thomas Foundation for Adoption dem- lies, as evidenced by the 1951 U.S.-Phil- pressed areas in the United States; onstrated that although ‘‘Americans over- ippines Mutual Defense Treaty, which was Whereas tribal colleges and universities whelmingly support the concept of adoption, reaffirmed by the Manila Declaration signed are accredited institutions of higher edu- and in particular foster care adoption . . . in 2011, and the United States designation of cation that effectively prepare students to foster care adoptions have not increased sig- the Philippines as a Major Non-NATO Ally; succeed in a global and highly competitive nificantly over the past five years’’; Whereas the Philippines and the United workforce; Whereas while 4 in 10 Americans have con- States share strong economic, security, and Whereas open enrollment policies have re- sidered adoption, a majority of Americans people-to-people ties, including approxi- sulted in non-Indians constituting nearly have misperceptions about the process of mately 4,000,000 Americans of Philippine an- one-fifth of the students at tribal colleges adopting children from foster care and the cestry living in the United States, and more and universities; children who are eligible for adoption; than 300,000 United States citizens residing Whereas tribal colleges and universities Whereas 50 percent of Americans believe in the Philippines; and are effectively providing access to quality that children enter the foster care system Whereas the Philippines and the United higher education opportunities to residents because of juvenile delinquency, when in re- States share a long tradition of mutual sup- ality the vast majority of children who have port and cooperation: Now, therefore, be it of reservation communities and the North Slope of Alaska; and entered the foster care system were victims Resolved, That the Senate— of neglect, abandonment, or abuse; Whereas the mission and achievements of (1) mourns the loss of life resulting from Whereas 39 percent of Americans believe tribal colleges and universities deserve na- the typhoon; that foster care adoption is expensive, when tional recognition: Now, therefore, be it (2) expresses its deepest condolences to the in reality there is no substantial cost for families of the victims of this tragedy; Resolved, That the Senate— adopting from foster care and financial sup- (3) expresses solidarity with the survivors, (1) designates the week beginning on No- port is available to adoptive parents after and all those who have lost loved ones or vember 18, 2013, as ‘‘National Tribal Colleges the adoption is finalized; otherwise been affected by the tragedy; and Universities Week’’; and Whereas family reunification, kinship (4) supports the efforts of the Government (2) calls on the people of the United States care, and domestic and inter-county adop- of the Philippines to lead and coordinate as- and interested groups to observe the week tion promote permanency and stability to a sistance to address immediate humanitarian with appropriate ceremonies, activities, and far greater degree than long-term institu- needs and to begin reconstruction efforts; programs to demonstrate support for tribal tionalization and long-term, often disrupted (5) supports the ongoing efforts of the colleges and universities. foster care; United States Government, the international Whereas both National Adoption Day and community, relief agencies, and private citi- National Adoption Month occur in the zens to assist the governments and peoples of month of November; the Philippines and the surrounding region Whereas National Adoption Day is a collec- in their time of need; and tive national effort to find permanent, loving

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.012 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S8008 CONGRESSIONAL RECORD — SENATE November 13, 2013 families for children in the foster care sys- 1197, supra; which was ordered to lie on the On page 130, line 19, strike ‘‘skills and tem; table. training’’ and insert ‘‘eligibility, skills, and Whereas since the first National Adoption SA 2028. Mr. INHOFE submitted an amend- training’’. Day in 2000, nearly 45,000 children have ment intended to be proposed by him to the On page 131, line 11, insert ‘‘eligibility joined forever families during National bill S. 1197, supra; which was ordered to lie and’’ after ‘‘including’’. Adoption Day; on the table. On page 132, line 15, insert ‘‘in connection Whereas in 2012, a total of 390 events were SA 2029. Mr. INHOFE submitted an amend- with military occupational specialites’’ be- held in 47 States and the District of Colum- ment intended to be proposed by him to the fore the period. bia, finalizing the adoptions of 4,615 children bill S. 1197, supra; which was ordered to lie from foster care and celebrating an addi- on the table. SA 2030. Mr. INHOFE submitted an amend- SA 2026. Mr. KAINE submitted an tional 500 adoptions finalized during Novem- amendment intended to be proposed by ber or earlier in the year; and ment intended to be proposed by him to the Whereas the President traditionally issues bill S. 1197, supra; which was ordered to lie him to the bill S. 1197, to authorize ap- an annual proclamation to declare the on the table. propriations for fiscal year 2014 for month of November as National Adoption SA 2031. Mr. INHOFE submitted an amend- military activities of the Department Month, and National Adoption Day is on No- ment intended to be proposed by him to the of Defense, for military construction, vember 23, 2013: Now, therefore, be it bill S. 1197, supra; which was ordered to lie and for defense activities of the De- Resolved, That the Senate— on the table. partment of Energy, to prescribe mili- (1) supports the goals and ideals of Na- f tary personnel strengths for such fiscal tional Adoption Day and National Adoption TEXT OF AMENDMENTS year, and for other purposes; which was Month; (2) recognizes that every child should have SA 2024. Mr. VITTER submitted an ordered to lie on the table; as follows: a permanent and loving family; and amendment intended to be proposed by At the end of subtitle A of title X, add the (3) encourages the people of the United him to the bill H.R. 3204, to amend the following: States to consider adoption during the Federal Food, Drug, and Cosmetic Act SEC. 1003. SENSE OF THE SENATE REGARDING month of November and all throughout the with respect to human drug REPORTING ON THE LONG-TERM year. BUDGETARY EFFECTS OF SEQUES- compounding and drug supply chain se- TRATION. f curity, and for other purposes; which (a) FINDINGS.—Congress finds that— SENATE CONCURRENT RESOLU- was ordered to lie on the table; as fol- (1) the reductions in discretionary appro- TION 25—AUTHORIZING THE USE lows: priations and direct spending accounts under section 251A of the Balanced Budget and OF EMANCIPATION HALL IN THE At the appropriate place, insert the following: Emergency Deficit Control Act of 1985 (2 CAPITOL VISITOR CENTER FOR U.S.C. 901a) (in this section referred to as ACTIVITIES ASSOCIATED WITH SEC. ll. TRANSPARENCY OF COVERAGE DETER- MINATION. ‘‘sequestration’’) were never intended to THE CEREMONY TO AWARD THE (a) IN GENERAL.—Not later than 30 days take effect; CONGRESSIONAL GOLD MEDAL after the date of enactment of this Act, the (2) the readiness of the Nation’s military is TO NATIVE AMERICAN CODE Chief Administrative Officer of the House of weakened by sequestration; TALKERS Representatives and the Financial Clerk of (3) sequestration has budgetary and cost the Senate shall make publically available impacts beyond the programmatic level; and Mr. JOHNSON of South Dakota (for the determinations of each member of the (4) there is limited information about these himself and Mr. INHOFE) submitted the House of Representatives and each Senator, indirect costs to the Federal Government. following concurrent resolution; which as the case may be, regarding the designa- (b) SENSE OF THE SENATE.—It is the sense was considered and agreed to: tion of their respective congressional staff of the Senate that the Office of Management and Budget should establish a task force to S. CON. RES. 25 (including leadership and committee staff) as ‘‘official’’ for purposes of requiring such staff report on the long-term budgetary costs and Resolved by the Senate (the House of Rep- effects of sequestration, including on pro- resentatives concurring), to enroll in health insurance coverage provided through an Exchange as required under curement activities and contracts with the SECTION 1. USE OF EMANCIPATION HALL FOR section 1312(d)(1)(D) of the Patient Protec- Federal Government. GOLD MEDAL CEREMONY FOR NA- TIVE AMERICAN CODE TALKERS. tion and Affordable Care Act (42 U.S.C. Mr. INHOFE (for himself Emancipation Hall in the Capitol Visitor 18032(d)(1)(D)), and the regulations relating SA 2027. Center is authorized to be used on November to such section. and Mr. CHAMBLISS) submitted an (b) FAILURE TO SUBMIT.—The failure by any 20, 2013, for a ceremony to award the Con- amendment intended to be proposed by member of the House of Representatives or gressional Gold Medal to Native American him to the bill S. 1197, to authorize ap- Senator to designate any of their respective code talkers. Physical preparations for the propriations for fiscal year 2014 for staff, whether committee or leadership staff, conduct of the ceremony shall be carried out as ‘‘official’’ (as described in subsection (a)), military activities of the Department in accordance with such conditions as may shall be noted in the determination made of Defense, for military construction, be prescribed by the Architect of the Capitol. publically available under subsection (a) and for defense activities of the De- f along with a statement that such failure per- partment of Energy, to prescribe mili- mits the staff involved to remain in the Fed- tary personnel strengths for such fiscal AMENDMENTS SUBMITTED AND eral Employee Health Benefits Program. PROPOSED year, and for other purposes; which was (c) PRIVACY.—Nothing in this Act shall be ordered to lie on the table; as follows: SA 2024. Mr. VITTER submitted an amend- construed to permit the release of any indi- Strike section 1032. ment intended to be proposed by him to the vidually identifiable information concerning bill H.R. 3204, to amend the Federal Food, any individual, including any health plan se- Drug, and Cosmetic Act with respect to lected by an individual. SA 2028. Mr. INHOFE submitted an human drug compounding and drug supply amendment intended to be proposed by chain security, and for other purposes; which SA 2025. Mr. KAINE submitted an him to the bill S. 1197, to authorize ap- was ordered to lie on the table. amendment intended to be proposed by propriations for fiscal year 2014 for SA 2025. Mr. KAINE submitted an amend- him to the bill S. 1197, to authorize ap- military activities of the Department ment intended to be proposed by him to the propriations for fiscal year 2014 for of Defense, for military construction, bill S. 1197, to authorize appropriations for military activities of the Department and for defense activities of the De- fiscal year 2014 for military activities of the of Defense, for military construction, partment of Energy, to prescribe mili- Department of Defense, for military con- and for defense activities of the De- tary personnel strengths for such fiscal struction, and for defense activities of the partment of Energy, to prescribe mili- Department of Energy, to prescribe military year, and for other purposes; which was personnel strengths for such fiscal year, and tary personnel strengths for such fiscal ordered to lie on the table; as follows: for other purposes; which was ordered to lie year, and for other purposes; which was Strike section 1033 and insert the fol- on the table. ordered to lie on the table; as follows: lowing: SA 2026. Mr. KAINE submitted an amend- On page 130, beginning on line 3, strike SEC. 1033. PROHIBITION ON THE USE OF FUNDS ment intended to be proposed by him to the ‘‘SKILLS AND TRAINING REQUIRED FOR FOR THE TRANSFER OR RELEASE OF bill S. 1197, supra; which was ordered to lie CIVILIAN CERTIFICATIONS AND LI- INDIVIDUALS DETAINED AT UNITED on the table. CENSES’’ and insert ‘‘ELIGIBILITY, SKILLS, STATES NAVAL STATION, GUANTA- SA 2027. Mr. INHOFE (for himself and Mr. AND TRAINING REQUIRED FOR CIVILIAN NAMO BAY, CUBA. CHAMBLISS) submitted an amendment in- CERTIFICATIONS, CREDENTIALS, AND LI- None of the funds authorized to be appro- tended to be proposed by him to the bill S. CENSES’’. priated by this Act for fiscal year 2014 may

VerDate Mar 15 2010 01:42 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.014 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S8009 be used to transfer, release, or assist in the (F) has agreed to share with the United risks addressed in the paragraph to be transfer or release to or within the United States any information that— waived have been completely eliminated; and States, its territories, or possessions of (i) is related to the individual or any asso- (iii) a classified summary of— Khalid Sheikh Mohammed or any other de- ciates of the individual; and (I) the individual’s record of cooperation tainee who— (ii) could affect the security of the United while in the custody of or under the effective (1) is not a United States citizen or a mem- States, its citizens, or its allies; and control of the Department of Defense; and ber of the Armed Forces of the United (2) includes an assessment, in classified or (II) the agreements and mechanisms in States; and unclassified form, of the capacity, willing- place to provide for continuing cooperation. (2) is or was held on or after January 20, ness, and past practices (if applicable) of the (C) A summary of the alternative actions 2009, at United States Naval Station, Guan- foreign country or entity in relation to the to be taken to address the underlying pur- tanamo Bay, Cuba, by the Department of De- Secretary’s certifications. pose of, and to mitigate the risks addressed fense. (c) PROHIBITION IN CASES OF PRIOR CON- in, the paragraph or subsection to be waived. FIRMED RECIDIVISM.— (D) The assessment required by subsection SA 2029. Mr. INHOFE submitted an (1) PROHIBITION.—Except as provided in (b)(2). amendment intended to be proposed by paragraph (2) and subsection (d), the Sec- (e) RECORD OF COOPERATION.—In assessing him to the bill S. 1197, to authorize ap- retary of Defense may not use any amounts the risk that an individual detained at Guan- authorized to be appropriated or otherwise tanamo will engage in terrorist activity or propriations for fiscal year 2014 for other actions that could affect the security military activities of the Department made available to the Department of Defense to transfer any individual detained at Guan- of the United States if released for the pur- of Defense, for military construction, tanamo to the custody or control of the indi- pose of making a certification under sub- and for defense activities of the De- vidual’s country of origin, any other foreign section (b) or a waiver under subsection (d), partment of Energy, to prescribe mili- country, or any other foreign entity if there the Secretary of Defense may give favorable tary personnel strengths for such fiscal is a confirmed case of any individual who consideration to any such individual— year, and for other purposes; which was was detained at United States Naval Station, (1) who has substantially cooperated with ordered to lie on the table; as follows: Guantanamo Bay, Cuba, at any time after United States intelligence and law enforce- September 11, 2001, who was transferred to ment authorities, pursuant to a pre-trial Strike section 1031 and insert the fol- such foreign country or entity and subse- agreement, while in the custody of or under lowing: quently engaged in any terrorist activity. the effective control of the Department of SEC. 1031. REQUIREMENTS FOR CERTIFICATIONS (2) EXCEPTION.—Paragraph (1) shall not Defense; and RELATING TO THE TRANSFER OF (2) for whom agreements and effective DETAINEES AT UNITED STATES apply to any action taken by the Secretary to transfer any individual detained at Guan- mechanisms are in place, to the extent rel- NAVAL STATION, GUANTANAMO BAY, evant and necessary, to provide for contin- CUBA, TO FOREIGN COUNTRIES AND tanamo to effectuate an order affecting the OTHER FOREIGN ENTITIES. disposition of the individual that is issued by ued cooperation with United States intelligence and law enforcement authorities. (a) CERTIFICATION REQUIRED PRIOR TO a court or competent tribunal of the United (f) DEFINITIONS.—In this section: TRANSFER.— States having lawful jurisdiction (which the (1) The term ‘‘appropriate committees of (1) IN GENERAL.—Except as provided in Secretary shall notify Congress of promptly Congress’’ means— paragraph (2) and subsection (d), the Sec- after issuance). (A) the Committee on Armed Services, the retary of Defense may not use any amounts (d) NATIONAL SECURITY WAIVER.— Committee on Appropriations, and the Se- authorized to be appropriated or otherwise (1) IN GENERAL.—The Secretary of Defense lect Committee on Intelligence of the Sen- available to the Department of Defense for may waive the applicability to a detainee ate; and fiscal year 2014 to transfer any individual de- transfer of a certification requirement speci- (B) the Committee on Armed Services, the tained at Guantanamo to the custody or con- fied in subparagraph (D) or (E) of subsection Committee on Appropriations, and the Per- trol of the individual’s country of origin, any (b)(1), or the prohibition in subsection (c), if manent Select Committee on Intelligence of other foreign country, or any other foreign the Secretary certifies the rest of the cri- the House of Representatives. entity unless the Secretary submits to Con- teria required by subsection (b) for transfers (2) The term ‘‘individual detained at Guan- gress the certification described in sub- prohibited by (c) and, with the concurrence tanamo’’ means any individual located at section (b) not later than 30 days before the of the Secretary of State and in consultation United States Naval Station, Guantanamo transfer of the individual. with the Director of National Intelligence, Bay, Cuba, as of October 1, 2009, who— (2) EXCEPTION.—Paragraph (1) shall not determines that— (A) is not a citizen of the United States or apply to any action taken by the Secretary (A) alternative actions will be taken to ad- a member of the Armed Forces of the United to transfer any individual detained at Guan- dress the underlying purpose of the require- States; and tanamo to effectuate an order affecting the ment or requirements to be waived; (B) is— disposition of the individual that is issued by (B) in the case of a waiver of subparagraph (i) in the custody or under the control of a court or competent tribunal of the United (D) or (E) of subsection (b)(1), it is not pos- the Department of Defense; or States having lawful jurisdiction (which the sible to certify that the risks addressed in (ii) otherwise under detention at United Secretary shall notify Congress of promptly the paragraph to be waived have been com- States Naval Station, Guantanamo Bay, after issuance). pletely eliminated, but the actions to be Cuba. (b) CERTIFICATION.—A certification de- taken under subparagraph (A) will substan- (3) The term ‘‘foreign terrorist organiza- scribed in this subsection is a written certifi- tially mitigate such risks with regard to the tion’’ means any organization so designated cation made by the Secretary of Defense, individual to be transferred; by the Secretary of State under section 219 with the concurrence of the Secretary of (C) in the case of a waiver of subsection (c), of the Immigration and Nationality Act (8 State and in consultation with the Director the Secretary has considered any confirmed U.S.C. 1189). of National Intelligence, that— case in which an individual who was trans- (1) the government of the foreign country ferred to the country subsequently engaged SA 2030. Mr. INHOFE submitted an or the recognized leadership of the foreign in terrorist activity, and the actions to be amendment intended to be proposed by entity to which the individual detained at taken under subparagraph (A) will substan- him to the bill S. 1197, to authorize ap- Guantanamo is to be transferred— tially mitigate the risk of recidivism with (A) is not a designated state sponsor of ter- regard to the individual to be transferred; propriations for fiscal year 2014 for rorism or a designated foreign terrorist orga- and military activities of the Department nization; (D) the transfer is in the national security of Defense, for military construction, (B) maintains control over each detention interests of the United States. and for defense activities of the De- facility in which the individual is to be de- (2) REPORTS.—Whenever the Secretary partment of Energy, to prescribe mili- tained if the individual is to be housed in a makes a determination under paragraph (1), tary personnel strengths for such fiscal detention facility; the Secretary shall submit to the appro- year, and for other purposes; which was (C) is not, as of the date of the certifi- priate committees of Congress, not later ordered to lie on the table; as follows: cation, facing a threat that is likely to sub- than 30 days before the transfer of the indi- stantially affect its ability to exercise con- vidual concerned, the following: At the end of subtitle D of title X, add the trol over the individual; (A) A copy of the determination and the following: (D) has taken or agreed to take effective waiver concerned. SEC. 1035. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES actions to ensure that the individual cannot (B) A statement of the basis for the deter- IN THE UNITED STATES TO HOUSE take action to threaten the United States, mination, including— DETAINEES TRANSFERRED FROM its citizens, or its allies in the future; (i) an explanation why the transfer is in UNITED STATES NAVAL STATION, (E) has taken or agreed to take such ac- the national security interests of the United GUANTANAMO BAY, CUBA. tions as the Secretary of Defense determines States; (a) IN GENERAL.—No amounts authorized to are necessary to ensure that the individual (ii) in the case of a waiver of paragraph (D) be appropriated or otherwise made available cannot engage or reengage in any terrorist or (E) of subsection (b)(1), an explanation for fiscal year 2014 by this Act or any other activity; and why it is not possible to certify that the Act may be used to construct or modify any

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.020 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE S8010 CONGRESSIONAL RECORD — SENATE November 13, 2013 facility in the United States, its territories, ardized comprehensive training program on ing to conduct a roundtable entitled or possessions to house any individual de- casualty assistance for the following per- ‘‘Serving Our Service Members: A Re- tained at Guantanamo for the purposes of de- sonnel of the Department of Defense: view of Programs for Veteran Entre- tention or imprisonment in the custody or (A) Casualty assistance officers. preneurs.’’ under the control of the Department of De- (B) Casualty assistance calls officers. The PRESIDING OFFICER. Without fense unless authorized by Congress. (C) Casualty assistance representatives. objection, it is so ordered. (b) EXCEPTION.—The prohibition in sub- (2) GENERAL ELEMENTS.—The training pro- section (a) shall not apply to any modifica- gram required by paragraph (1) shall include SUBCOMMITTEE ON PRIVACY, TECHNOLOGY AND tion of facilities at United States Naval Sta- training designed to ensure that the per- THE LAW tion, Guantanamo Bay, Cuba. sonnel specified in that paragraph provide Ms. WARREN. Mr. President, I ask (c) INDIVIDUAL DETAINED AT GUANTANAMO spouses of members of the Armed Forces who unanimous consent that the Com- DEFINED.—In this section, the term ‘‘indi- die on active duty in the Armed Forces with mittee on the Judiciary, Sub- vidual detained at Guantanamo’’ means any accurate information on the benefits to committee on Privacy, Technology and individual located at United States Naval which they are entitled and other appro- the Law, be authorized to meet during Station, Guantanamo Bay, Cuba, as of Octo- priate casualty assistance following the the session of the Senate on November ber 1, 2009, who— death of such members on active duty. 13, 2013, at 10 a.m., in room SD–226 of (1) is not a citizen of the United States or (3) SERVICE-SPECIFIC ELEMENTS.—The Sec- a member of the Armed Forces of the United retary of the military department concerned the Dirksen Senate Office Building, to States; and may, in coordination with the Secretary of conduct a hearing entitled ‘‘The Sur- (2) is— Defense, provide for the inclusion in the veillance Transparency Act of 2013.’’ (A) the custody or under the control of the training program required by paragraph (1) The PRESIDING OFFICER. Without Department of Defense; or that is provided to casualty assistance per- objection, it is so ordered. (B) otherwise under detention at United sonnel of such military department such ele- f States Naval Station, Guantanamo Bay, ments of training that are specific or unique Cuba. to the requirements or particulars of the PRIVILEGES OF THE FLOOR Armed Forces under the jurisdiction of such Mr. HARKIN. Mr. President, I ask SA 2031. Mr. INHOFE submitted an military department as the Secretary of the unanimous consent that Teresa Danso- amendment intended to be proposed by military department concerned considers ap- Danquah, Emily Flores, and Charles him to the bill S. 1197, to authorize appropriate. Hayes of my staff be granted floor propriations for fiscal year 2014 for (4) FREQUENCY OF TRAINING.—Training shall privileges for the duration of today’s military activities of the Department be provided under the program required by session. of Defense, for military construction, paragraph (1) not less often than annually. f The PRESIDING OFFICER. Without and for defense activities of the De- objection, it is so ordered. partment of Energy, to prescribe mili- AUTHORITY FOR COMMITTEES TO Mr. MERKLEY. Mr. President, I ask tary personnel strengths for such fiscal MEET unanimous consent for my intern, year, and for other purposes; which was COMMITTEE ON COMMERCE, SCIENCE, AND Bruce Lehman, to have the privileges ordered to lie on the table; as follows: TRANSPORTATION of the floor for the balance of the day. At the end of subtitle D of title VI, add the Ms. WARREN. Mr. President, I ask The PRESIDING OFFICER. Without following: unanimous consent that the Com- objection, it is so ordered. SEC. 646. SPECIAL ASSISTANCE FOR GOLD STAR Mr. SCHATZ. Mr. President, I ask SPOUSES AND DEPENDENTS. mittee on Commerce, Science, and Transportation be authorized to meet unanimous consent to offer floor privi- (a) GOLD STAR FAMILY ADVOCATES.— leges to my staffer, Michael Inacay, for (1) ADVOCATES REQUIRED.—Each Secretary during the session of the Senate on No- of a military department shall designate for vember 13, 2013, at 2:30 p.m. in room 253 the remainder of the evening. The PRESIDING OFFICER. Without each Armed Force under the jurisdiction of of the Russell Senate Office Building. such Secretary a member of such Armed The Committee will hold a hearing objection, it is so ordered. Force or civilian employee of such military entitled, ‘‘The Role of Manufacturing f department to act as an advocate for spouses Hubs in a 21st Century Innovation and dependents of members of such Armed NATIONAL TRIBAL COLLEGES AND Force (including members of the National Economy.’’ UNIVERSITIES WEEK Guard or Reserve of such Armed Force, as The PRESIDING OFFICER. Without Mr. BEGICH. Mr. President, I ask applicable) who die on active duty in the objection, it is so ordered. unanimous consent the Senate proceed Armed Forces. The individual so designated COMMITTEE ON HOMELAND SECURITY AND to the consideration of S. Res. 293, shall be known as the ‘‘Gold Star Advocate’’ GOVERNMENTAL AFFAIRS which was submitted earlier today. for the Armed Force concerned. Ms. WARREN. Mr. President, I ask The PRESIDING OFFICER. The (2) DUTY AS OMBUDSMAN.—An individual unanimous consent that the Com- clerk will report the resolution by designated as a Gold Star Advocate for an mittee on Homeland Security and Gov- Armed Force pursuant to paragraph (1) shall title. serve as the ombudsman for spouses and de- ernmental Affairs be authorized to The bill clerk read as follows: pendents of members of such Armed Force meet during the session of the Senate A resolution (S. Res. 293) designating the who die on active duty in the Armed Forces on November 13, 2013, at 10 a.m. week beginning November 18, 2013 as ‘‘Na- with respect to complaints regarding cas- The PRESIDING OFFICER. Without tional Tribal Colleges and Universities ualty assistance or receipt of benefits au- objection, it is so ordered. Week.’’ thorized by law for spouses and dependents COMMITTEE ON THE JUDICIARY There being no objection, the Senate of members of the Armed Forces who die on proceeded to consider the resolution. active duty in the Armed Forces. In per- Ms. WARREN. Mr. President, I ask unanimous consent that the Com- Mr. BEGICH. I ask unanimous con- forming such duty, an individual may do the sent the resolution be agreed to, the following: mittee on the Judiciary be authorized (A) Address complaints by spouses and de- to meet during the session of the Sen- preamble be agreed to, and the motions pendents, and provide support, regarding ate on November 13, 2013, at 2 p.m. in to reconsider be laid upon the table, such casualty assistance or receipt of such room SD–226 of the Dirksen Senate Of- with no intervening action or debate. benefits. fice Building, to conduct a hearing en- The PRESIDING OFFICER. Without (B) Make reports to appropriate officers or titled ‘‘Judicial Nominations.’’ objection, it is so ordered. officials in the Department of Defense or the The resolution (S. Res. 293) was The PRESIDING OFFICER. Without military department concerned regarding agreed to. resolution of such complaints, including rec- objection, it is so ordered. The preamble was agreed to. ommendations regarding the settlement of COMMITTEE ON SMALL BUSINESS AND (The resolution, with its preamble, is claims with respect to such benefits, as ap- ENTREPRENEURSHIP printed in today’s RECORD under ‘‘Sub- propriate. Ms. WARREN. Mr. President, I ask mitted Resolutions.’’) (C) Perform such other actions as the Sec- unanimous consent that the Com- f retary of the military department concerned mittee on Small Business and Entre- considers appropriate. preneurship be authorized to meet dur- NATIONAL ADOPTION DAY AND (b) TRAINING FOR CASUALTY ASSISTANCE NATIONAL ADOPTION MONTH PERSONNEL.— ing the session of the Senate on No- (1) TRAINING PROGRAM REQUIRED.—The Sec- vember 13, 2013, at 9:30 a.m. in room Mr. BEGICH. Mr. President, I ask retary of Defense shall implement a stand- 428A of the Russell Senate Office build- unanimous consent the Senate proceed

VerDate Mar 15 2010 00:50 Nov 14, 2013 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A13NO6.020 S13NOPT1 tjames on DSK6SPTVN1PROD with SENATE November 13, 2013 CONGRESSIONAL RECORD — SENATE S8011 to the immediate consideration of S. The concurrent resolution (S. Con. NOMINATIONS Res. 294, submitted earlier today by Res. 25) was agreed to. Executive nominations received by Senators LANDRIEU, INHOFE, and others. (The concurrent resolution is printed the Senate: The PRESIDING OFFICER. The in today’s RECORD under ‘‘Submitted clerk will report the resolution by Resolutions.’’) COMMODITY FUTURES TRADING COMMISSION title. TIMOTHY G. MASSAD, OF CONNECTICUT, TO BE A COM- f MISSIONER OF THE COMMODITY FUTURES TRADING COM- The bill clerk read as follows: MISSION FOR A TERM EXPIRING APRIL 13, 2017, VICE A resolution (S. Res. 294) expressing sup- GARY GENSLER, TERM EXPIRED. ORDERS FOR THURSDAY, TIMOTHY G. MASSAD, OF CONNECTICUT, TO BE CHAIR- port for the goals of National Adoption Day MAN OF THE COMMODITY FUTURES TRADING COMMIS- and National Adoption Month by promoting NOVEMBER 14, 2013 SION, VICE GARY GENSLER. national awareness of adoption and the chil- Mr. BEGICH. Mr. President, I ask DEPARTMENT OF STATE dren awaiting families, celebrating children unanimous consent that when the Sen- and families involved in adoption, and en- MARK GILBERT, OF THE DISTRICT OF COLUMBIA, TO ate completes its business today, it ad- SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- couraging the people of the United States to journ until 9:30 a.m. on Thursday, No- PENSATION AS AMBASSADOR EXTRAORDINARY AND secure safety, permanency, and well-being PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA for all children. vember 14, 2013, and that following the TO THE INDEPENDENT STATE OF SAMOA. prayer and pledge, the morning hour be There being no objection, the Senate IN THE AIR FORCE deemed expired, the Journal of pro- proceeded to the resolution. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED Mr. BEGICH. I ask unanimous con- ceedings be approved to date, and the STATES OFFICER FOR APPOINTMENT IN THE RESERVE time for the two leaders be reserved for OF THE AIR FORCE TO THE GRADE INDICATED UNDER sent that the resolution be agreed to, TITLE 10, U.S.C., SECTIONS 12203 AND 12212: their use later in the day; that fol- the preamble be agreed to, and the mo- To be brigadier general tions to reconsider be considered made lowing any leader remarks, the Senate COL. STEPHEN E. RADER and laid upon the table, with no inter- be in a period of morning business for vening action or debate. 2 hours, with Senators permitted to IN THE NAVY The PRESIDING OFFICER. Without speak therein for up to 10 minutes THE FOLLOWING NAMED OFFICER FOR APPOINTMENT each, with the time equally divided and TO THE GRADE INDICATED IN THE UNITED STATES NAVY objection, it is so ordered. UNDER TITLE 10, U.S.C., SECTION 624: controlled between the two leaders or The resolution (S. Res. 294) was To be lieutenant commander agreed to. their designees, with the Republicans The preamble was agreed to. controlling the first half and the ma- COREY N. DOOLITTLE THE FOLLOWING NAMED OFFICERS FOR TEMPORARY (The resolution, with its preamble, is jority controlling the final half; and APPOINTMENT TO THE GRADE INDICATED IN THE printed in today’s RECORD under ‘‘Sub- that following morning business, the UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 5721: mitted Resolutions.’’) Senate proceed to vote on adoption of the motion to proceed to H.R. 3204, the To be lieutenant commander f Pharmaceutical Drug Compounding CHRISTOPHER W. ACOR AUTHORIZING THE USE OF GIEORAG M. ANDREWS bill; finally, that the Senate recess BENJAMIN M. BEARMAN EMANCIPATION HALL from 1 p.m. to 2:15 p.m. to allow for CLAYTON C. BEAS JEFFREY R. BERNHARDT Mr. BEGICH. Mr. President, I ask caucus meetings. MATTHEW D. COLLINSWORTH unanimous consent the Senate proceed The PRESIDING OFFICER. Without GREGORY M. COY KIRK T. DELPH to the consideration of S. Con. Res. 25, objection, it is so ordered. THOMAS D. DOTSTRY submitted earlier today. PAUL S. DUBOSE f PETER C. FLYNN The PRESIDING OFFICER. The MICHELLE A. GIRE clerk will report the concurrent resolu- JOSEPH GUNTA PROGRAM DAVID C. HAERTEL tion by title. DANIEL W. HARKINS, JR. The bill clerk read as follows: Mr. BEGICH. The vote on adoption of MICHAEL S. HARTZELL the motion to proceed to the THOMAS H. HAWKINS A concurrent resolution (S. Con. Res. 25) JAMES F. HOPP authorizing the use of Emancipation Hall in compounding bill is expected to be a JAMES J. IRRGANG, JR. the Capitol Visitor Center for activities asso- voice vote. DANIEL T. JONES JOHN D. KINMAN ciated with the ceremony to award the Con- MICHAEL J. KOS gressional Gold Medal to Native American f FRANK J. MORALES code talkers. JASON R. PATTON ADJOURNMENT UNTIL 9:30 A.M. NATHAN J. PECK There being no objection, the Senate BRIAN A. ROSS TOMORROW MATTHEW N. RYAN proceeded to the concurrent resolution. JEREMIAH S. SHUMWAY Mr. BEGICH. I ask unanimous con- Mr. BEGICH. If there is no further CHRISTOPHER R. SMITH business to come before the Senate, I JOSEPH P. SNELGROVE sent the concurrent resolution be THEODOSIUS SOILES II agreed to, and the motion to reconsider ask unanimous consent it adjourn EDWIN M. SPENCER under the previous order. JASON W. SPRAY be laid upon the table, with no inter- JAMES A. STEELE vening action or debate. There being no objection, the Senate, RYAN A. STEWART The PRESIDING OFFICER. Without at 6:03 p.m., adjourned until Thursday, ERIC F. STILES ROBERT W. VILLANUEVA objection, it is so ordered. November 14, 2013, at 9:30 a.m. AMANDA H. ZAWORA

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