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, MONDAY, NOVEMBER 4, 2013 No. 155 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, November 12, 2013, at 2 p.m. Senate MONDAY, NOVEMBER 4, 2013

The Senate met at 2 p.m. and was SCHEDULE robust protections against this type of called to order by the President pro Mr. REID. Mr. President, I wish to discrimination. Officer Carney testified tempore (Mr. LEAHY). tell the Senate that following my re- before the House of Representatives in marks and those of Senator MCCON- 2007 and shared his story. This is what PRAYER NELL, the Senate will resume consider- he said: The Chaplain, Dr. Barry C. Black, of- ation of the motion to proceed to S. I’m a good cop, but I have lost 21⁄2 years of fered the following prayer: 815, the Employee Non-Discrimination employment fighting to get that job back be- Let us pray. Act. At 5 o’clock today the Senate will cause I am gay. I never would have been able Eternal God, help us to so live that proceed to executive session to con- to do that had I not lived in Massachusetts the generations to come will know of sider the nominations of Gregory or one of the handful of other States that Your mighty acts. Today, give our law- Woods to be United States district protect . . . employees from discrimination. makers the singularity of heart to judge in New York and Debra Brown to Sadly, not everyone is able to fight seek, find and follow Your will, so that be United States district judge in Mis- back like Officer Carney. In 33 States, their legacy will be exemplary. Lord, sissippi. After debate on those two lesbian, gay, bisexual, and transgender guide them in the path You have cre- nominations, at 5:30 there will be up to people can be fired and harassed just ated, inspiring them with the potency three rollcall votes. I hope one of them for being who they are. of Your powerful presence. May they will go by voice, but we will have to trust You in times of adversity and wait and see. We will have votes on the West Virginia coal miner Sam Hall prosperity, knowing that they will reap confirmation of the Woods and Brown was terrorized by his coworkers for 7 a productive harvest if they persevere. nominations and then the vote on the years because he was gay. Mr. Hall just Keep them from underestimating the motion to proceed to ENDA, the Em- wanted to make a living, but super- power of Your great Name. And, Lord, ployment Non-Discrimination Act. visors told him he would have to en- we ask that You would sustain the vic- dure the persecution if he wanted to f tims and families of the Los Angeles keep his job. West Virginia is one of 33 airport shooting. EMPLOYMENT DISCRIMINATION States with no protections against this We pray in Your merciful Name. Mr. REID. Mr. President, Springfield, type of oppression. That is why I so ad- Amen. MA, police officer Michael Carney mire JOE MANCHIN for recognizing that this is an issue which is important to f fought for 21⁄2 years to get his job back—and he won. After he took a everyone. PLEDGE OF ALLEGIANCE medical leave of absence, Springfield A patchwork of State laws that ex- The President pro tempore led the officials refused to reinstate Officer cludes tens of millions of Americans Pledge of Allegiance, as follows: Carney because the veteran officer had from basic protection against discrimi- I pledge allegiance to the Flag of the revealed he was gay. But Officer Car- nation is simply not good enough. It is United States of America, and to the Repub- ney was determined to return to the time for Congress to pass a Federal law lic for which it stands, one nation under God, force. Because he lived in Massachu- so that all Americans, regardless of indivisible, with liberty and justice for all. setts, one of only 17 States to protect where they live, can go to work f employees against discrimination unafraid to be who they are. As long as based on sexual orientation or gender hardworking, qualified Americans can RECOGNITION OF THE MAJORITY identity, Officer Carney is now back on be denied job opportunities, fired or LEADER the job, serving and protecting the peo- harassed because of their sexual ori- The PRESIDENT pro tempore. The ple of Springfield, MA. I am also entation or gender identity, all work- majority leader is recognized. pleased to say Nevada law also includes ers are at risk.

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

S7781

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VerDate Mar 15 2010 01:15 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A04NO6.000 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE S7782 CONGRESSIONAL RECORD — SENATE November 4, 2013 This week the Senate will begin de- [From the New York Times, Nov. 2, 2013] near last in several categories among 17 bate on the Employment Non-Discrimi- THIS IS WHY WE NEED OBAMACARE countries studied. The Commonwealth Fund nation Act, which would simply afford (By Nicholas D. Kristof) put the United States dead last of seven in- all Americans the same protections dustrialized countries in health care per- The biggest health care crisis in America formance. And Bloomberg journalists ranked from discrimination based on preju- right now is not the inexcusably messy roll- the United States health care system No. 46 dice. In fact, 4 out of 5 Americans mis- out of Obamacare. in efficiency worldwide, behind Romania and takenly believe that these protections No, far more serious is the kind of catas- Iran. trophe facing people like Richard Streeter, already exist. Two-thirds of Americans, The reason is simple: While some Ameri- 47, a truck driver and recreational vehicle re- including a majority of Republicans, cans get superb care, tens of millions with- pairman in Eugene, Ore. His problem isn’t out insurance get marginal care. That’s one support Federal protections against Obamacare, but a tumor in his colon that reason life expectancy is relatively low in discrimination based on sexual orienta- may kill him because Obamacare didn’t America, and child mortality is twice as tion and gender identity in the work- come quite soon enough. high as in some European countries. Now Streeter had health insurance for decades, place. Once again, Republicans in Con- that’s a scandal. but beginning in 2008 his employer no longer gress are out of step with Republicans Yet about half the states are refusing to offered it as an option. He says he tried to in the rest of the country. House expand Medicaid to cover more uninsured buy individual health insurance but, as a Speaker JOHN BOEHNER this morning people—because they don’t trust Obamacare lifelong smoker in his late 40s, couldn’t find and want it to fail. The result will be more said he does not support this legisla- anything affordable—so he took a terrible catastrophes like Streeter’s. tion, but the Speaker should take his chance and did without. cue from the 56 percent of Republicans At the beginning of this year, Streeter ‘‘I am tired of being the messenger of nationwide who support ENDA and began to notice blood in his bowel move- death,’’ said Dr. Gibson. ‘‘Sometimes it’s un- bring this legislation up for a vote. ments and discomfort in his rectum. Because avoidable. But when people come in who he didn’t have health insurance, he put off might have been saved if they could have af- Corporations also agree non- forded care early on, then to have to tell discrimination policies are good for going to the doctor and reassured himself it was just irritation from sitting too many them that they have a potentially fatal ill- business. Most Fortune 500 companies hours. ness—I’m very tired of that.’’ already prohibit this kind of persecu- ‘‘I thought it was driving a truck and being Streeter met with a radiologist on Thurs- tion, and more than 100 of the nation’s on your keister all day,’’ he told me. Finally, day and is bracing for an arduous and impov- largest businesses, more than 80 na- the pain became excruciating, and he went erishing battle with the cancer. There’s just tional civil rights, labor, religious, to a cut-rate clinic where a doctor, without one bright spot: He signed up for health care examining him, suggested it might be hem- insurance under Obamacare, to take effect civic, and professional organizations, on Jan. 1. and faith leaders from many denomina- orrhoids. By September, Streeter couldn’t stand the For him, the tragedy isn’t that the tions have spoken in support of the pain any longer. He went to another doctor, Obamacare rollout has been full of glitches, Employment Non-Discrimination Act. who suggested a colonoscopy. The cheapest but that it may have come too late to save But there is more, much more, and a provider he could find was Dr. J. Scott Gib- his life. more important reason to support this son, a softhearted gastroenterologist who Mr. REID. The editorial tells the legislation than popular support. It is told him that if he didn’t have insurance he story of a number of people, but one is the right thing to do. Here is what Har- would do it for $300 down and $300 more about Richard Streeter, a truck driver vey Milk, the murdered California poli- whenever he had the money. Streeter made the 100-mile drive to Dr. who is very ill with colon cancer. Why? tician and gay rights activist once Gibson’s office in McMinnville, Ore.—and re- Because he couldn’t afford insurance; said: ceived devastating news. Dr. Gibson had he couldn’t afford health insurance. It takes no compromise to give people found advanced colon cancer. Kristof writes: their rights. . . . It takes no money to re- ‘‘It was heartbreaking to see the pain on The biggest health care crisis in America spect the individual. It takes no political his face,’’ Dr. Gibson told me. ‘‘It got me right now is not the inexcusably messy roll- deal to give people freedom. It takes no sur- very angry with people who insist that out of ObamaCare. No, far more serious is vey to remove repression. Obamacare is a train wreck, when the real the kind of catastrophe facing people like train wreck is what people are experiencing Richard Streeter. All Americans, regardless of what every day because they can’t afford care.’’ they look like, where they live or who Dr. Gibson says that Streeter is the second Mr. Streeter is a resident of Eugene, they choose to love, deserve to be patient he has had this year who put off get- OR. His problem is not ObamaCare but treated with the same respect and dig- ting medical attention because of lack of a tumor in his colon that is going to nity while they earn a living. An em- health insurance and now has advanced kill him unless there is a miracle. He ployee should not be judged on matters colon cancer. could have been treated had he had So, to those Republicans protesting that really are unimportant. We are health insurance. For him, ObamaCare Obamacare: You’re right that there are ap- did not come quite soon enough. talking about fairness. Employees palling problems with the website, but they should be judged on the quality of their will be fixed. Likewise, you’re right that Kristof’s column is an important re- work and on their talents and perform- President Obama misled voters when he said minder that the rollout of ObamaCare ance, and not on their sexual orienta- that everyone could keep their insurance is about more than a defective Web tion or gender identity. plan because that’s now manifestly not true site, it is about saving lives, lots of I urge my colleagues to vote tonight (although they will be able to get new and lives. Kristof is reminding Republicans better plans, sometimes for less money). supporting the legislation that 81 per- that they should have empathy for But how about showing empathy also for a ‘‘the nearly 50 million Americans with- cent of Americans approve, to begin de- far larger and more desperate group: The bate on a bill that would affirm the nearly 50 million Americans without insur- out insurance who play health care equal rights and freedoms of every ance who play health care Russian roulette Russian roulette [every day] as a re- American and to do so simply because as a result. FamiliesUSA, a health care advo- sult.’’ it is the right thing to do. cacy group that supports Obamacare, esti- He urges them, the Republicans, to mated last year that an American dies every remember that every 20 minutes an 20 minutes for lack of insurance. f American dies. Why? They lack health It has been a year since my college room- insurance. mate, Scott Androes, died of prostate cancer, I suggest the absence of a quorum. HEALTH CARE in part because he didn’t have insurance and thus didn’t see a doctor promptly. Scott The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, yesterday I fully acknowledged that he had made a ter- pore. The clerk will call the roll. read an excellent column in the New rible mistake in economizing on insurance, The legislative clerk proceeded to York Times by Nicholas Kristof, the but, in a civilized country, is this a mistake call the roll. complete text of which I ask unani- that people should die from? Mr. HARKIN. Mr. President, I ask mous consent to have printed in the ‘‘Website problems are a nuisance,’’ Dr. unanimous consent that the order for Gibson said. ‘‘Life and death is when you RECORD. need care and can’t afford to get it.’’ the quorum call be rescinded. There being no objection, the mate- The Institute of Medicine and the National The PRESIDING OFFICER (Mr. MUR- rial was ordered to be printed in the Research Council this year ranked the PHY). Without objection, it is so or- RECORD, as follows: United States health care system last or dered.

VerDate Mar 15 2010 01:15 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.001 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE November 4, 2013 CONGRESSIONAL RECORD — SENATE S7783 RESERVATION OF LEADER TIME the right to earn a living free from dis- refuse to hire someone because of who The PRESIDING OFFICER. Under crimination and that they should be they are—lesbian, gay, bisexual, or the previous order, the leadership time judged on their performance in the transgender. They have no recourse is reserved. workplace based on their talent, their under law. As I said, most people in ability, and their qualifications. America think they are covered. They f Interestingly enough, since 1996, 17 think you can’t discriminate against EMPLOYMENT NON-DISCRIMINA- States—including my State of Iowa— someone because of that. The fact is TION ACT OF 2013—MOTION TO have passed legislation that includes that it is still perfectly legal to do so PROCEED basic employment protections for all in most States in the United States. LGBT Americans. I will use that acro- As I said, I think we have changed The PRESIDING OFFICER. Under nym or those letters to explain lesbian, quite a bit in the 17 years since we last the previous order, the Senate will re- gay, bisexual, and transgender Ameri- considered this bill. That last vote was sume consideration of the motion to cans. 49 to 50. We lost by one vote, and there proceed to S. 815, which the clerk will Eighty-eight percent of Fortune 500 were no amendments. At that time a report. businesses have included protections in majority of Senators would have been The legislative clerk read as follows: their nondiscrimination policies, as enough to pass it. All we needed was Motion to proceed to Calendar No. 184, S. have the majority of small businesses. one more vote. I remember Vice Presi- 815, a bill to prohibit employment discrimi- Over 100 major businesses, including dent Al Gore was sitting in the chair, nation on the basis of sexual orientation or pharmaceutical and technology compa- but we were one vote short. gender identity. nies, banks, manufacturing companies, Today, however, as times have The PRESIDING OFFICER. The Sen- and chemical companies have an- changed, we know we need 60 votes to ator from Iowa. nounced their support for this bill. In pass bills. Just think about that—17 Mr. HARKIN. Mr. President, today fact, there are polls that show 8 out of years ago 51 votes would have passed marks another step forward in the 10 Americans already believe that dis- this bill; now we have to have 60 votes. progress of the United States of Amer- crimination against people because of I won’t get into the necessity of having ica in making sure that all of our citi- their sexual orientation is already ille- to change the rules of the Senate. We zens are treated fairly and equitably gal; for example, that it is illegal to need 60 votes before we can even bring under the law, that each citizen of this fire someone for being gay or for being up the bill. It is a tribute to the leader- country will know he or she cannot be a lesbian. ship of the bill’s sponsors, Senator discriminated against because of race, Why are we here today? Twenty- JEFF MERKLEY and Senator MARK religion, sex, or national origin. That three years ago I stood at this desk as KIRK, that we have now reached 60 was all covered in the Civil Rights Act the manager of the Americans with votes. As of last week we only had of 1964. Disabilities Act. That bill was to ex- about 57 or 58 votes, and then 2 more In 1990 I was proud to stand at this tend nondiscrimination clauses to peo- people decided to support the bill. Now very desk when we took another step ple with disabilities. At that time a lot that Senator HELLER of Nevada has an- forward when we said we were going to of people said: What is the problem? nounced his support for the bill, we extend civil rights to cover people with Here is the problem in a nutshell. have 60 votes. We have 60 votes, and I disabilities. Today I stand here to Let’s say you are an African Amer- predict we will get more than 60 votes. mark another step forward when we ican—or a woman or Jewish or Catho- Once we reach the critical mass, I will have a vote on proceeding to the lic or anything else—and you applied think my colleagues will understand debate to end discrimination in em- for a job for which you were fully that this is another step in the direc- ployment because of a person’s sexual qualified and the prospective employer tion of opening America and making orientation. It is a huge step forward, said: No, I am not hiring African Amer- our society more inclusive rather than one too long in coming. icans. I don’t want any Black people exclusive. I was here in 1996 when we voted on working here. No, you are Jewish; get Senator KIRK, who is managing the the Employment Non-Discrimination out of here. Do you know what you bill for the minority, had been a sup- Act, the bill that is now before the could do? You could turn right around, porter of this legislation before he was Senate. We lost by one vote—50 to 49. walk out the door, go down to the elected to the House. Senator That was a dark day. We have been try- courthouse, and the courthouse door MERKLEY, who is the sponsor of the ing to get it before the Senate ever would be open for you. You can go into bill, was the leader of this effort when since, and we have finally done so. I am that courthouse and take that case to he was in the Oregon State Legisla- proud to say that we got it through the court. ture. One Republican and one Demo- HELP Committee this summer on a When I stood here 23 years ago, I crat were champions of this bill before strong bipartisan vote, and we now said: Until the President signs that bill they came to Congress. They both have it before the Senate. into law, a person with a disability— played a critical role in ensuring the People should understand this is a for example, someone bound to a bill was brought before our committee. momentous day in the development of wheelchair—could be turned down in Even though Senator MERKLEY left our our country, ensuring that every per- spite of being qualified for the job. The committee to join the Appropriations son is recognized for their individual prospective employer could say: Get Committee, he always kept on top of worth and for what they contribute to out of here; I don’t hire cripples. If you this. With their help, we voted it out of society, not for the color of their skin then went down to the courthouse, the our HELP Committee in July with a or race or religion or national origin or door was locked. You had no recourse strong bipartisan vote of 15 to 7. I whether they have a disability. Today under law for the violation of your thank the present occupant of the we also say: We will make sure you civil rights. That is true today for Chair, the distinguished Senator from cannot be discriminated against be- gays, lesbians, bisexual, and Connecticut, for all of his help and sup- cause of your sexual identity or whom transgender Americans. They could be port for getting this bill through. We you love. fired just because of that. If they go had the support of three Members of It has been 17 years since Ted Ken- down to the courthouse door, it is the minority as well. The vote was 15 nedy, who chaired the committee at locked. They have no recourse under to 7. It was a great vote. the time, brought this bill to the floor law. Despite the passage of laws at the in 1996, and it was, again, one vote shy As I said, 17 States have State laws, State and local levels, discrimination of passage. In the meantime, over those some municipalities have municipal in the workplace continues to be all 17 years, the attitudes in this country laws, but the vast majority of Ameri- too real. Forty-two percent of lesbian, have changed dramatically about the cans live in States in which there is no gay, and bisexual workers report hav- rights of gay, lesbian, transsexual, and civil rights law governing LGBT peo- ing experienced some form of discrimi- transgender Americans. In a nutshell, I ple. The majority of Americans—more nation at work. Even with the progress think the vast majority of Americans than 56 percent—live in States in that has been made at the State and believe that individuals ought to have which it is perfectly legal to fire or local levels, as I mentioned, too many

VerDate Mar 15 2010 01:15 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.004 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE S7784 CONGRESSIONAL RECORD — SENATE November 4, 2013 hard-working Americans, whether em- public employers, and labor unions tainment Corp., Las Vegas, NV; Capital One ployed by private companies or public cannot make employment decisions— Financial Corp., McLean, VA; Cardinal entities, are judged not by their ability hiring, firing, promotion or compensa- Health Inc., Dublin, OH; CareFusion Corp., San Diego, CA. and qualifications but by their sexual tion—because of a person’s actual or CC Media Holdings Inc. (Clear Channel), orientation or gender identity. perceived sexual orientation or gender San Antonio, TX; Charles Schwab & Co., San Consider the example of Michael Car- identity. There are exemptions for Francisco, CA; Chevron Corp., San Ramon, ney, who was denied reinstatement as a small businesses and religious organi- CA; Choice Hotels International Inc., Silver police officer three times before suc- zations, and current rules that are ap- Spring, MD; Chubb Corp., Warren, NJ; Cisco cessfully using the protections of State plicable to the Armed Forces are not Systems Inc., San Jose, CA; Citigroup, New law to get his job back. This is a job in affected. The bill expressly prohibits York, NY; Clorox Co., Oakland, CA; The which he has now served with distinc- disparate impact claims. I wish to re- Coca-Cola Co., Atlanta, GA; Corning Inc., tion for many years. Corning, NY; Darden Restaurants Inc., Or- peat that. The bill expressly prohibits lando, FL; Delhaize America Inc., Salisbury, Consider Sam Hall, a West Virginia disparate impact claims. It is modeled NC; Dell Inc., Round Rock, TX; Deloitte miner who suffered destruction of prop- on title VII of the Civil Rights Act. LLP, New York, NY; The Depository Trust & erty and verbal harassment from co- That law has been in place, as I said, Clearing Corp., New York, NY; Deutsche workers because of his identity as a since 1964. This bill also incorporates Bank, New York, NY; Diageo North America, gay person. Sam is one of those mil- many suggestions from members of Norwalk, CT; Dow Chemical Co., Midland, lions of Americans who currently have both sides, Republicans and Democrats, MI; E.I. du Pont de Nemours and Co. (Du- no legal recourse without this law. on our HELP Committee, and I am glad Pont), Wilmington, DE; Eastman Kodak Co., Rochester, NY; Electronic Arts Inc., Red- Discrimination against transgender we could work on a bipartisan basis to Americans is even more common, with wood City, CA; Eli Lilly & Co., Indianapolis, improve the bill and get it through our IN; EMC Corp., Hopkinton, MA; Ernst & 78 percent reporting harassment at committee. Young LLP, New York, NY; Expedia Inc., work. I was fortunate enough to hear ENDA, as it is known—the Employ- Bellevue, WA; Gap Inc., San Francisco, CA; from Kylar Broadus, who was a witness ment Non-Discrimination Act—has un- General Electric Co., Fairfield, CT; General at our HELP Committee hearing last precedented support from major Amer- Mills Inc., Minneapolis, MN; General Motors year. Kylar faced intense harassment ican businesses, including Dow Chem- Corp., Detroit, MI; GlaxoSmithKline, Phila- at work as he transitioned from female ical, General Electric, Hilton Hotels, delphia, PA; Goldman Sachs Group Inc., New to male. He has never fully recovered York, NY; Google Inc., Mountain View, CA. GlaxoSmithKline, Chevron, Wells Groupon Inc., Chicago, IL; Hanover Direct financially from the loss of his well- Fargo, Marriott Hotels, Coca-Cola, Inc., Weehawken, NJ; Herman Miller Inc., paid position. Cisco, Kaiser, and on and on. Zeeland, MI; The Hershey Co., Hershey, PA; Allyson Robinson also provided writ- I ask unanimous consent to have Hewlett-Packard Co., Palo Alto, CA; ten testimony to the committee re- printed in the RECORD this list of over Hillshire Brands Co., Downers Grove, IL; Hil- garding the painful separation from her 100 companies that support the passage ton Worldwide, McLean, VA; Hospira Inc., family that she endured because of fi- of the bill. Lake Forest, IL; HSBC—North America, nancial hardships while she searched There being no objection, the mate- Prospect Heights, IL; Hyatt Hotels Corp., for her first job as an openly rial was ordered to be printed in the Chicago, IL; Integrity Staffing Solutions transgender female. Inc., Wilmington, DE; Intel Corp., Santa RECORD, as follows: Clara, CA; InterContinental Hotels Group Again, too many of our fellow citi- BUSINESS COALITION FOR WORKPLACE Americas, Atlanta, GA; International Busi- zens are being judged not by what they FAIRNESS ness Machines Corp., Armonk, NY; Jenner & can contribute to the workplace but by The majority of United States businesses Block LLP, Chicago, IL; JPMorgan Chase & who they are and whom they choose to have already started addressing workplace Co., New York, NY; Kaiser Permanente, Oak- love. Unfortunately, we can cite count- fairness for lesbian, gay, bisexual and land, CA; KeyCorp, Cleveland, OH; Kimpton less cases of bigotry and blatant job transgender employees. But we need a fed- Hotel & Restaurant Group, San Francisco, discrimination based on sexual orienta- eral standard that treats all employees the CA; KPMG LLP, New York, NY; Levi Strauss tion or gender identity. Equal oppor- same way. & Co., San Francisco, CA; Marriott Inter- The Business Coalition for Workplace Fair- national Inc., Bethesda, MD; Marsh & tunity is not just an abstract principle ness is a group of leading U.S. employers McLennan Companies Inc., New York, NY; or a matter of statistics. Every day, de- that support the Employment Non-Discrimi- Merck & Co. Inc., Whitehouse Station, NJ; cent hard-working Americans are being nation Act, a federal bill that would provide Microsoft Corp., Redmond, WA; MillerCoors hurt by this form of discrimination. the same basic protections that are already Brewing Co., Chicago, IL. It has been almost 50 years since we afforded to workers across the country. Mitchell Gold + Bob Williams, Taylors- first took steps to eliminate discrimi- Lesbian, gay, bisexual and transgender em- ville, NC; Moody’s Corp., New York, NY; nation at work and 23 years since we ployees are not protected under federal law Morgan Stanley, New York, NY; Motorola passed the Americans with Disabilities from being fired, refused work or otherwise Inc., Schaumburg, IL; Nationwide, Colum- discriminated against. ENDA would do just bus, OH; The Nielsen Co., Schaumburg, IL; Act to eliminate discrimination that. Nike Inc., Beaverton, OR; Oracle Corp., Red- against people with disabilities. We LEADING EMPLOYERS THAT SUPPORT WORK- wood City, CA; Orbitz Worldwide Inc., Chi- still have a long way to go, but our PLACE FAIRNESS AND THE PASSAGE OF THE cago, IL; Pfizer Inc., New York, NY; country is a far better place because of FEDERAL EMPLOYMENT NON-DISCRIMINATION PricewaterhouseCoopers LLP, New York, laws against discrimination based on ACT NY; Procter & Gamble Co., Cincinnati, OH; race and sex and national origin and Accenture Ltd., New York, NY; AIG, New QUALCOMM Inc., San Diego, CA; RBC religion and age and, yes, disability. At York, NY; Alcoa Inc., New York, NY; Amer- Wealth Management, Minneapolis, MN; Re- long last, it is time for us to also pro- ican Eagle Outfitters Inc., Pittsburgh, PA; placements Ltd., McLeansville, NC; Robins, American Institute of Architects, Wash- Kaplan, Miller & Ciresi LLP, Minneapolis, hibit discrimination on the basis of MN; Self-Help Credit Union, Durham, NC; sexual orientation and gender identity. ington, DC; Ameriprise Financial Inc., Min- neapolis, MN; Amgen Inc., Thousand Oaks, SUPERVALU Inc., Eden Prairie, MN; Target Such discrimination is fundamentally Corp., Minneapolis, MN; Teachers Insurance wrong and cannot be tolerated any CA; AMR Corp. (American Airlines), Fort Worth, TX; Apple, Cupertino, CA; Bank of and Annuity Association—College Retire- longer in our country. America Corp., Charlotte, NC; The Bank of ment Equities Fund, New York, NY; Tech Lesbian, gay, bisexual, and New York Mellon Corp. (BNY Mellon), New Data Corp., Clearwater, FL; Texas Instru- transgender Americans deserve the York, NY; Barclays, New York, NY; BASF ments Inc., Dallas, TX; Thomson Reuters, same civil rights protections as all Corp., Florham Park, NJ; Bausch & Lomb New York, NY; Time Warner Inc., New York, other Americans. This bill will accom- Inc., Rochester, NY; Best Buy Co. Inc., Rich- NY; Travelers Companies Inc., New York, NY; UBS AG, Stamford, CT; US Airways plish that. It will say to millions of field, MN; Bingham McCutchen LLP, Boston, MA; Biogen Idec Inc., Weston, MA; BMC Group Inc., Tempe, AZ; WellPoint Inc., Indi- LGBT Americans that they are full and anapolis, IN; Wells Fargo & Co., San Fran- welcome members of our American Software Inc., Houston, TX; BNP Paribas, New York, NY; Boehringer Ingellheim Phar- cisco, CA; Whirlpool Corp., Benton Harbor, family and that they deserve the same maceuticals Inc., Ridgefield, CT; BP America MI; Wynn Resorts Ltd., Las Vegas, NV; civil rights protections as every other Inc., Warrenville, IL; Bristol-Myers Squibb Xerox Corp., Stamford, CT; Yahoo! Inc., American. Co., New York, NY; Broadridge Financial So- Sunnyvale, CA. The bill is very simple. It is very lutions Inc., Lake Success, NY; CA Tech- Mr. HARKIN. Mr. President, in the clear. It states that private businesses, nologies Inc., Islandia, NY; Caesars Enter- course of our hearings on this bill, we

VerDate Mar 15 2010 01:15 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.005 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE November 4, 2013 CONGRESSIONAL RECORD — SENATE S7785 heard from executives from Nike and about it. Seventeen years ago we voted Mr. BARRASSO. Mr. President, I ask General Mills, among others. Asked on it and lost by one vote. Attempts unanimous consent that the order for why they had chosen to implement have been made periodically to get it the quorum call be rescinded. strong nondiscrimination policies back to the floor again and it has just The PRESIDING OFFICER. Without themselves, the Nike executive testi- never happened, but now we have the objection, it is so ordered. fied: opportunity. We reported it out of com- f ENDA is good for business because teams mittee, as I said, with a good bipar- HEALTH CARE thrive in an open and welcoming work envi- tisan vote. Mr. BARRASSO. Mr. President, I just ronment, where individuals are bringing ENDA is a critically needed bill. It is their full selves to work. returned from spending a weekend in commonsense legislation. It has over- The bill we are debating specifically my home State of Wyoming, traveling whelming support from corporate protects religious liberty with a sub- around the State and visiting with peo- America, from religious groups, from stantial exemption that allows specific ple in Natrona County and Casper as small and large businesses all across religious organizations to continue to well as in Rock Springs, WY. I at- the country. As I said, 8 out of 10 take sexual orientation and gender tended a marvelous event held every Americans already think it is the law. identity into account when making year in Sweetwater County called Cow- So let’s make sure those 8 in 10 Ameri- employment decisions in their reli- boys Against Cancer. There were 700 gious organizations. I might point out cans who already think it is the law people there to celebrate successes and this bill is supported by 60 faith-based will now know it is the law, and we can remember those whom we have lost in organizations, including congregations pass it, send it to the House. Hopefully, these battles. I was there along with and organizations ranging from the the House will pass it and the Presi- Senator ENZI as well as our Governor Presbyterian Church of America, the dent can sign it into law as soon as and others talking about an issue fac- Episcopal Church, the Progressive Na- possible. ing the Nation—an issue, of course, tional Baptist Convention, the Union No American should be turned away that is on everyone’s mind—the health of Reform Judaism, the Union Syna- or have to fear the loss of their job or care law. This has been a very rough 5 gogue of Conservative Judaism, the Is- their means of support or fear of not weeks for hard-working Americans who lamic Society of North America, and being hired, even though they are emi- are concerned about their health, and many others. nently qualified, for any reasons other this obviously came up for significant Among other things, polls show that than their ability to do that job. Peo- discussion at the Cowboys Against 67 percent of American Catholics sup- ple shouldn’t be fired and shouldn’t be Cancer event Saturday night in Wyo- port basic workplace protections for discriminated against in hiring because ming. LGBT workers. Almost 70 percent in of the color of their skin, their race, Many people were hoping the Demo- that poll of evangelical Christians sup- their religion, their sex, national ori- crats’ health care law would actually ports LGBT employment protections. gin, disability. That is already in the help decrease costs; that it would actu- So there is overwhelming support for law; now we put this next piece in ally help increase access to quality this bill, as I said, amongst people of place—no one should be denied a job, health care. But all America knows faith and religious-based organizations. an opportunity to work because they that hasn’t happened. On October 1, the Again, I acknowledge the leadership are gay, lesbian, bisexual or Obama administration launched its of Senator KIRK, as well as the bill’s transgender. That is what this bill health care exchange. This was to be lead sponsor, Senator JEFF MERKLEY of does. the biggest moment of the President’s Oregon, who has championed this bill I encourage all Senators to join with signature achievement in office. It was and without whom, I dare say, we us in passing this important civil one where people were looking forward would not be starting this debate rights legislation and continuing our to the opening of the exchanges, and it today. In addition, we are fortunate Nation’s advance toward freedom and flopped. It completely flopped. The Web the lead Democratic sponsor of the bill inclusion for everyone in our society. site crashed and fell right on the heads in the House in previous Congresses is Let’s say this is a bright day for Amer- of the people who were already anxious now a Member of the Senate and a ica. We are finally bringing it to the about their health care. People all member of our HELP Committee, that floor. As I said, we will have the vote across the country saw this collapse, is Senator TAMMY BALDWIN of Wis- later today. We have 60 people who and even the late-night comedians have consin. I hope she will soon be able to have said they will vote for it; I hope made a lot of jokes about the incom- say she helped pass this bill in both the we have more. Sometime later this petence and the mismanagement of the House and the Senate. week—I don’t know if we will use the Obama administration. I look forward to the vote later today 30 hours but, hopefully, sometime later But I have to say the failure of the when we will vote to proceed to this this week, we can finally pass it. As I exchange is no laughing matter, be- bill. As we all know, under the rules of said, I think this week will be one that cause this is much more than a failed the Senate, after cloture is invoked, we will be an uplifting week. We have had Web site. Real people are facing real will have up to 30 hours of debate and a lot of problems around this place health care problems and are being then the bill will be on the floor and over the last couple of months. I know hurt because of this administration’s open. We had several amendments filed from the polls that Members of Con- failed health care law. Because of this in committee that members of the law, millions of people are getting let- gress, in both the House and the Sen- HELP Committee reserved to try to ters saying their insurance has been ate, are probably about as popular as a bring to the floor. So I am confident we canceled. I talked to some of them this toothache with the general public right can work with those if they are offered past weekend in Wyoming. There are at now. But this week we can show the again. I hope all amendments that are least 31⁄2 million people impacted by American people we can come together offered will be directed at improving this across the country, and the num- and we can lift our eyes above the haze this important civil rights legislation. ber continues to climb every day. The and the smoke on the horizon, and we I hope amendments that are focused on Obama administration says that is no can make this country a better place unrelated matters can wait for another big deal. They say only 31⁄2 million peo- for all of us by passing this bill. Let’s time, another day, perhaps when that ple are losing the insurance plans they issue is on the floor. This is just too do this, and let’s bring to the American have now. But this administration’s important—this major step forward in people what they think they have al- goal—their goal—was just 7 million expanding our concept of civil rights ready and what they now want. That people covered in the exchanges. So is, a society free of discrimination. laws—too important to be dragged why does the White House think 31⁄2 down by spurious amendments that I yield the floor and I note the ab- million Americans losing their cov- have nothing to do with the bill what- sence of a quorum. erage is no big deal when their goal soever. I hope we do not get bogged The PRESIDING OFFICER. The this year was to cover 7 million Ameri- down with that. clerk will call the roll. cans? As I said, it has been a long time The legislative clerk proceeded to President Obama and Democrats in coming for this bill, when we think call the roll. Congress promised over and over: If

VerDate Mar 15 2010 01:15 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.007 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE S7786 CONGRESSIONAL RECORD — SENATE November 4, 2013 you like your insurance, you can keep Referring to the President, they go tled the section of the law by placing it. But that wasn’t true. The Wash- on to say: unreasonably tight restrictions on ington Post Fact Checker looked into Now he can’t seem to admit he overprom- grandfathered policies. Now, any rou- the President’s claim. These are the ised and oversimplified. He and his aides tine change made to a grandfathered folks who decide if something is truth- compound their credibility problem by sug- insurance plan immediately breaks the ful or not truthful. They gave the gesting that people whose plans are being Democrats’ promise that Americans President the full four Pinocchios for canceled ‘‘just shop around in the new mar- can keep their health insurance. completely false claims. ketplace’’—a laughable impossibility while A lot of consumers want the freedom The Fact Checker wrote: HealthCare.gov is plagued by bugs. and flexibility to increase their plan The President’s promise apparently came So that is what I read in this morn- deductible, or copayments, rather than with a very large caveat: ‘‘If you like your ing’s USA Today as I was coming back face a higher monthly premium. It is health care plan, you’ll be able to keep your from Wyoming. Then I picked up the natural that people want to do it—with health care plan—if we deem it to be ade- Wall Street Journal and turned to an- their health insurance, car insurance, quate.’’ other column, and this is a guest col- or homeowners insurance. Looking and Well, the President never said that. If umn: ‘‘You Also Can’t Keep Your Doc- making decisions for you and your the White House had been honest about tor.’’ family is just part of being responsible. people losing their health insurance, You also can’t keep your doctor. And The Obama administration’s regula- this law would never have passed. But there is a little subheadline that reads: tions took away that choice. the law did pass and people across the ‘‘I had great cancer doctors and health Republicans saw this train wreck country are learning how much it is insurance. My plan was cancelled. Now coming, and we tried to stop it. My col- going to actually hurt them person- I worry how long I’ll live.’’ league Senator ENZI from Wyoming in ally. I am sorry the Senate Chamber isn’t 2010 brought S.J. Res. 39 to this floor. For millions of people who are losing full of all those people who voted for This was a Resolution of Disapproval, the insurance they have, they are find- this health care law as this woman which would have immediately over- ing the options available under the worries how long she will live. The turned the administration’s burden- Democrats’ health care law much more Wall Street Journal says it is an abso- some grandfather regulations. limited and much more expensive. The lutely devastating piece by one woman What Senator ENZI brought to the rates are higher, the deductibles are who is suffering because of the health floor for a vote of the entire body higher, their copays are higher. It is care law. Her name is Edie Littlefield would have, if passed, allowed everyone not the kind of reform people wanted Sundby. She wrote about her experi- to keep the insurance they had if they or needed, but that is what the Wash- ence fighting stage 4 gallbladder can- liked it—basically, to uphold the Presi- ington Democrats gave them. cer. She had a health care plan with af- dent’s promise. The cost increases and the canceled fordable access to good doctors who she Republicans supported this resolu- insurance policies are just the begin- points out saved her life. tion. Senate Democrats voted against ning. A lot of people are now starting As a doctor, I will tell you stage 4 it in lockstep. Absolutely every one of to realize they are no longer going to gallbladder cancer has a very small them said no. They kept the regulation have access to their family’s doctor. It chance of success and survival. She has on the books and made sure people wasn’t supposed to happen this way. beaten the odds because of those tak- would not be able to keep the insur- President Obama said this in 2009: ing care of her. But now she has been ance policy they had if they liked it. We will keep this promise: If you like your told that the plan she has is being can- Now Democrats don’t want to hear doctor, you will be able to keep your doctor. celed because of the President’s health about people like Edie with stage 4 Period. care law. Here is what she wrote: gallbladder cancer. Republicans do That is what President Obama said. What happened to the President’s promise, want to hear about people like her— If the White House had been honest you can keep your health plan? Or the prom- people who are losing their coverage about how many families were going to ise that, you can keep your doctor? Thanks because of this health care law. We lose access to their doctors, this health to the law, I have been forced to give up a want people to tell us their stories by care law would never have passed. But world-class health plan. The exchange would tweeting with the hashtag force me to give up a world-class physician. the White House did make that prom- ‘‘YourStory.’’ We want to make sure ise, Democrats did pass that law, and She has had some of the best physi- that nobody in the Obama administra- American families all across the coun- cians in the world—MD Anderson in tion forgets that these are real people try are suffering as a result. Texas and California at Stanford, as and they have been hurt by this health Coming back from Wyoming this well as in her home community of San care law which the President has con- morning I picked up USA Today. The Diego. tinued to, on party lines, force down editorial page of this newspaper sup- Washington Democrats knew their the throats of the American people in ported the President’s health care law, law would harm people such as Edie its passage, and then continue to delib- but their view today is: Littlefield Sundby who writes today in erately deceive the American people the Wall Street Journal. They knew Coverage cancellations belie Obama’s with his quotes, not very long ago, and promise. Obamacare is starting to resemble a that people like her all across the repeated so many times: If you like patient bleeding from self-inflicted wounds. country would lose their insurance and your health care plan, you can keep A month after launch, the online health ex- lose their doctors. They just didn’t your health care plan. changes where individuals are supposed to want the American people to know it. Republicans support real health care shop for insurance remain slow or unusable, It was in the regulations that they except in states that opted to run their own reform. We support ideas such as allow- wrote and they supported. The issue ing people to buy insurance across marketplaces and did a more competent job has to do with a section of the health than the administration. State lines. That would increase access care law that says that anyone who to coverage and to care, not decrease States were more competent than the had an insurance policy on March 23, administration. it. That would increase competition 2010, and continued to renew it, could and bring down prices—not raise them. Continuing to quote the article: keep it even after the ObamaCare ex- As if that weren’t trouble enough, critics But the Democrats’ health care law is change is launched. It is called a grand- doing just that. That would be a reform are justifiably mocking President Obama for father clause, and it is to protect peo- his repeated, untrue promise that if people that would help the American people. liked their health plans, they could keep ple from the law’s new rules and man- But the Obama health care law took them. dates—to let people, if they had some- the exact opposite approach. The editorial on the opinion page of thing they liked, keep what they had. Here is how Edie Littlefield Sundby today’s USA Today says: But less than 3 months after the put it in her story. She wrote: President signed his health care law, Oops. Hundreds of thousands of people are Before the Affordable Care Act, health-in- getting termination notices from plans that the administration issued a regulation surance policies could not be sold across don’t meet the strict new requirements of setting very specific criteria these state lines; now policies sold on the Afford- the Affordable Care Act. Presumably, not all health plans had to meet in order to be able Care Act exchanges may not be offered those people disliked their plans. grandfathered. The regulation disman- across county lines.

VerDate Mar 15 2010 01:15 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.008 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE November 4, 2013 CONGRESSIONAL RECORD — SENATE S7787 That should change. President tion against our fellow citizens simply tions, medical and professional groups. Obama and Washington Democrats because of who they are and who they The measure was signed into law by wanted a political win. They were will- love. I realize that for some this is not our Republican Governor, Lee Sherman ing to do anything and say anything— an easy vote. I understand for some Dreyfus, who based his decision to sup- to say whatever they needed—to get they may believe it is not good poli- port the measure on the success of mu- that win, whether it was true or not. If tics. But I want to say that I have a nicipal ordinances providing similar they had been honest with the Amer- deep respect for those who choose to protections against discrimination. ican people, they would have never got- stand on the side of progress for our Since Wisconsin passed its statute in ten this law passed. But the Demo- country this week. For those who stand 1982, 20 States and the District of Co- crats’ health care law today in Amer- this week and answer the call for cour- lumbia, representing nearly 45 percent ica is hurting people, hurting families, age, I can say with confidence your of our Nation’s population, have passed hurting Americans. This must end. courage will be respected and remem- similar antidiscrimination measures. The President should come to the bered when the history of this struggle Sixteen States and the District of Co- table. He should work with Repub- is written. lumbia also protect their citizens on licans to pass real reform, to help the In June I had the opportunity to the basis of gender identity. However, American people who have been hurt speak at the Department of Justice 76 million American workers have to and continue to be hurt by his health during its Pride Month observations. It contend with the ugly reality that in care law. was fitting that we gathered in a build- over two dozen States it is legal to dis- Mr. President, I yield the floor and I ing that bears the name of Robert F. criminate against LGBT employees. suggest the absence of a quorum. Kennedy. He became Attorney General That is simply wrong and this legisla- The PRESIDING OFFICER. The at a time of rapid progress in the area tion seeks to right that wrong. clerk will call the roll. of civil rights, progress that thrilled The business community understands The assistant legislative clerk pro- many Americans and frightened others. this. That is why a majority of Fortune ceeded to call the roll. Kennedy knew, however, that America 500 companies have sexual orientation Ms. BALDWIN. Mr. President, I ask should be on the side of progress. He and gender identity nondiscrimination unanimous consent the order for the traveled to Georgia, at the time un- policies in place, and more than 100 quorum call be rescinded. friendly territory for a civil rights re- companies have endorsed this bill. It is The PRESIDING OFFICER. Without former, to make his first formal speech time to level the playing field and ex- objection, it is so ordered. at the University of Georgia law tend these protections to all Ameri- Ms. BALDWIN. Mr. President, I come school. He did not shy away from the cans. But we don’t just want to live in to the floor this afternoon to talk Kennedy administration’s commitment a country where our rights are re- about a bipartisan effort to advance to equal opportunity, ‘‘For on this gen- spected under the law; we want to live uniquely American values: freedom, eration of Americans,’’ he explained, in a country where we are respected for fairness, and opportunity. The Employ- ‘‘falls the full burden of proving to the who we are, where we enjoy freedom ment Non-Discrimination Act, or world that we really mean it when we and opportunity because that is who we ENDA, has at its foundation these core say that all men are created free and are as Americans. values. It is about freedom, the free- equal before the law.’’ More than 5 years after he spoke at dom to realize our founding belief that He backed his words with actions, the University of Georgia law school, all Americans are created equal under not only by vigorously enforcing the half a world away at Cape Town Uni- the law. It is about fairness, about laws and court orders that advanced versity, in South Africa, Robert F. whether lesbian, gay, bisexual, and the cause of civil rights but by holding Kennedy said, ‘‘Few will have the transgender Americans deserve to be the Kennedy administration itself ac- greatness to bend history, but each of treated just as their family members, countable, demanding that the Justice us can work to change a small portion their friends, their neighbors, and fel- Department and other government en- of the events and then the total—all of low workers. It is about opportunity, tities prioritize diversity in the work- these acts—will be written in the his- about whether every American gets to place. Of course, as much progress as tory of this generation.’’ dream the same dreams, chase the that generation made in fulfilling the The change we work for today can same ambitions, and have the same promises America makes about fair- add up to incredible progress in our shot at success. ness and equality, there was plenty to lifetime. This generation can be the One year ago this week the people of do for the generations that have fol- one in which we fulfill the promises of Wisconsin elected me to the Senate. lowed. freedom and equality for all, in which The citizens of Wisconsin made his- Today we continue that work, guided America finally becomes a place where tory, electing our State’s first woman by the belief that everyone deserves a everyone’s rights are respected at work to the U.S. Senate, and electing the fair shot at the American dream and and every family’s love and commit- first out gay or lesbian person to the that our LGBT family members, ment can be recognized and respected U.S. Senate in the history of our great friends, and neighbors deserve to be and rewarded under the law. Nation. But I didn’t run to make his- treated as everyone else in the United I am hopeful that we can now move tory, I ran to make a difference, a dif- States. Every American deserves the this Employment Non-Discrimination ference that would give everyone a fair freedom to work free of discrimination. Act forward, to build a tomorrow that shot at achieving their dreams. Passing the Employment Non-Dis- is more equal, not less, for all Ameri- I couldn’t be more proud of the bipar- crimination Act strengthens this free- cans. tisan effort to make a difference with dom by recognizing the right to be I yield the floor and suggest the ab- the Employment Non-Discrimination judged based on your skills, talents, sence of a quorum. Act. I thank and recognize my col- loyalty, character, integrity, and work The PRESIDING OFFICER. The leagues Senators MARK KIRK, JEFF ethic. clerk the call the roll. MERKLEY, SUSAN COLLINS, and TOM My home State of Wisconsin was the The bill clerk proceeded to call the HARKIN for their leadership working first State in the Nation to add sexual roll. across party lines and moving this leg- orientation to its antidiscrimination Ms. COLLINS. Madam President, I islation forward. I take great pride at laws. At the time, back in 1982, only 41 ask unanimous consent that the order being a part of this effort. I think it municipalities and 8 counties in the for the quorum call be rescinded. shows great promise of what can be United States offered limited protec- The PRESIDING OFFICER (Ms. achieved if we work together in a bi- tions against discrimination based on HIRONO). Without objection, it is so or- partisan way to get work done for the sexual orientation. Wisconsin’s efforts dered. American people. to pass the Nation’s first sexual ori- Ms. COLLINS. Madam President, I I also want to take the time to recog- entation antidiscrimination statute am pleased to be a longtime supporter nize the 55 cosponsors of this bill, both were supported by a broad and bipar- and original cosponsor of the Employ- Democrats and Republicans, who made tisan coalition, including members of ment Non-Discrimination Act, known a commitment to ending discrimina- the clergy, various religious denomina- more commonly as ENDA. This bill

VerDate Mar 15 2010 01:15 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.009 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE S7788 CONGRESSIONAL RECORD — SENATE November 4, 2013 will affirm the principle that individ- But in spite of how far we have ad- countenance legal discrimination uals in the workplace should be judged vanced the cause of civil rights in this against qualified employees and appli- on their skills and abilities and not on country, it still remains legal in 29 cants. It is time that we enact this bill. extraneous criteria, such as sexual ori- States to fire or to refuse to hire some- I urge my colleagues to support entation. one simply because he or she is lesbian, ENDA, and I am hopeful we will get In 2002, more than 10 years ago, I was gay, or bisexual. Most businesses don’t more than the 60 votes needed this proud to join Senator Ted Kennedy, discriminate. They simply want to hire evening to proceed to this important whom we all remember as a lifelong the best worker for the job, regardless bill. champion of civil rights, as the cospon- of sexual orientation. But in others, Thank you, Madam President. I yield sor of ENDA. I am pleased to support high-performing LGBT employees can the floor. this important bill again today, but I be and still are legally discriminated There being no objection, the mate- am dismayed that so many years have against. rial was ordered to be printed in the gone by—more than a decade—and this When I discuss this issue with many RECORD, as follows: bill still has not become law. It is time of my constituents, they are shocked HUMAN RIGHTS CAMPAIGN—MAINE for us to enact this important legisla- to learn it is legal under Federal law— HEADQUARTERED COMPANIES AND ORGANIZA- tion. not Maine law but Federal law—for TIONS WITH GENDER IDENTITY AND SEXUAL I wish to recognize the efforts of the them to refuse to hire or to fire some- ORIENTATION NON-DISCRIMINATION POLICIES chief sponsors of this bill, Senators one solely because of their sexual ori- Brewer Medical Center, Capehart Commu- MERKLEY and KIRK, who took up this entation. They find that shocking. nity Health Center, Eastern Maine AIDS cause and moved this bill forward. I They just assume our civil rights laws, Network, Extended Care Services, Helen also acknowledge the work of chairman which protect people from discrimina- Hunt Health Center, Hope House, IDEXX Laboratories Inc., L.L. Bean Inc., Maine TOM HARKIN in bringing this bill to the tion based on race, gender, religion, Medical Center, MaineGeneral Medical Cen- Senate floor. He, too, has been a cham- and age, also protect individuals based ter, Penobscot Community Health Care, pion of civil rights throughout his long on sexual orientation. Of course, be- Summer Street Health Center, Warren Cen- career, and I hope that when he retires cause they are operating in the State ter. at the end of this Congress, this bill of Maine, they cannot legally discrimi- OTHER COMPANIES AND ORGANIZATIONS WITH will be one more of his accomplish- nate against an individual based on GENDER IDENTITY AND SEXUAL ORIENTATION ments. sexual orientation. I am proud to say NON-DISCRIMINATION POLICIES The time to pass it has come. All the vast majority of Maine’s businesses Adecco North America, LLC, American Americans deserve a fair opportunity would never think of discriminating Eagle Outfitters, American Institute of Ar- to pursue the American dream. Over based on sexual orientation. They sim- chitects, Bank of America Corp., Best Buy, the years, we have rightly taken a ply want to hire and retain the best Charles Schwab & Co., Choice Hotels Inter- stand against workplace discrimina- person for the job. national, Corning, CVS, Darden Restaurants, tion based on race, sex, national origin, Dollar Tree, Gap, General Dynamics (Bath Along with former Senator Joe Lie- Ironworks), General Electric, Hannaford Su- religion, age, and disability. It is past berman of Connecticut, I worked hard permarket, Home Depot, ING Financial, time that we ensure that all employees to repeal the military’s discriminatory InterContinental Hotels Group Americas, J C are judged solely based on their tal- policy of ‘‘Don’t Ask, Don’t Tell.’’ That Penney, KeyCorp, Levi Strauss & Co., ents, abilities, hard work, and capabili- policy prevented gay and lesbian serv- Lowe’s. ties by closing an important gap in icemembers from being open about Marriott, Marsh & McLennan Companies, Federal employment law as it relates their sexual orientation. My view was McKesson Technologies, Merck & Co., Mitch- to sexual orientation. The right to ell Gold + Bob Williams, Morgan Stanley, that if they were willing to put on the New Balance, Nike, Olive Garden, Pizza Hut, work is fundamental. How can we in uniform of our country, be deployed to RBC Wealth Management, Rite-Aid, Ryder good conscience deny that right to any distant lands, and risk their lives for Systems, Subway, SUPERVALU, Target, TD LGBT American who is qualified and our freedom, we should be thanking Bank, Texas Instruments, Time Warner, willing to work? Especially in today’s them, not trying to exclude them from UnumProvident, UPS, Walmart. economy, job security has taken on an serving in the military. Now that COLLEGES AND UNIVERSITIES WITH GENDER even greater importance to all Ameri- ‘‘Don’t Ask, Don’t Tell’’ has been re- IDENTITY AND SEXUAL ORIENTATION NON-DIS- cans. How can we, in good conscience, pealed, I think it is significant that the CRIMINATION POLICIES tell one segment of Americans that implementation of repeal of ‘‘Don’t Bangor Theological Seminary, Bates Col- they are not entitled to that security Ask, Don’t Tell’’ has gone so smoothly. lege Maine Media College, Bowdoin College, because of whom they love? It has gone very well, contrary to the Colby College, University of Maine System (7 Equal rights in the workplace is nei- dire predictions of some of the oppo- campuses). ther a new nor a revolutionary con- nents. We hear some of the same kinds STATE AND LOCAL GOVERNMENTS WITH GENDER cept. Much of corporate America has IDENTITY AND SEXUAL ORIENTATION NON-DIS- of predictions today as we debate this CRIMINATION POLICIES already embraced LGBT protections. bill. I would say that, just as the repeal State of Maine. Why? Because it allows them to attract of ‘‘Don’t Ask, Don’t Tell’’ has been the best and the brightest employees implemented quite smoothly, we will BUSINESS COALITION FOR WORKPLACE and to retain talented employees. see ENDA implemented smoothly as FAIRNESS Nearly 90 percent of Fortune 500 com- well if we stand, do what is right, and The majority of United States businesses panies already have sexual orientation pass this bill. have already started addressing workplace nondiscrimination policies in place, The bill before the Senate deserves fairness for lesbian, gay, bisexual and and many Maine businesses and busi- support as a matter of fairness and as transgender employees. But we need a fed- nesses associated with the State of a matter of civil rights. It is a com- eral standard that treats all employees the same way. Maine have such policies. They include monsense solution consistent with ex- The Business Coalition for Workplace Fair- IDEXX Laboratories, L.L. Bean, Maine isting Federal civil rights laws, and it ness is a group of leading U.S. employers Medical Center, the Warren Center in will not place an undue burden on that support the Employment Non-Discrimi- Bangor, Hannaford Supermarkets, American employers. We would not see nation Act, a federal bill that would provide Bath Ironworks, and Unum, a large in- so many companies voluntarily adopt- the same basic protections that are already surance company. There are many ing nondiscrimination policies if it afforded to workers across the country. more. I ask unanimous consent that a were somehow burdensome to do so. Lesbian, gay, bisexual and transgender em- list of leading Maine employers that They are doing so because it is in their ployees are not protected under federal law from being fired, refused work or otherwise support workplace fairness and the pas- own best interests, because they want discriminated against. ENDA would do just sage of the Employment Non-Discrimi- the most qualified employees and to re- that. nation Act be included in the record tain the most talented employees, re- LEADING EMPLOYERS THAT SUPPORT WORK- following my remarks. gardless of their sexual orientation. PLACE FAIRNESS AND THE PASSAGE OF THE In addition, ENDA is very similar to That is not relevant to their ability to FEDERAL EMPLOYMENT NON-DISCRIMINATION current law in nearly two dozen States, do the job. ACT including, I am proud to say, the great Finally, it is simply right to pass Accenture Ltd., New York, NY; Alcoa Inc., State of Maine. this bill. We cannot in this day and age New York, NY; American Eagle Outfitters

VerDate Mar 15 2010 01:27 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.016 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE November 4, 2013 CONGRESSIONAL RECORD — SENATE S7789 Inc., Pittsburgh, PA; American Institute of lege Retirement Equities Fund, New York, As many as 48 percent of lesbian, Architects, Washington, DC; Ameriprise Fi- NY; Tech Data Corp., Clearwater, FL; Texas gay, or bisexual Americans and 59 per- nancial Inc., Minneapolis, MN; Amgen Inc., Instruments Inc., Dallas, TX; Thomson Reu- cent of transgender Americans have no Thousand Oaks, CA; AMR Corp. (American ters, New York, NY; Time Warner Inc., New legal protection against discrimination Airlines), Fort Worth, TX; Bank of America York, NY; Travelers Companies Inc., New Corp., Charlotte, NC; The Bank of New York York, NY; UBS AG, Stamford, CT; US Air- in the workplace. In 29 States, lesbian, Mellon Corp. (BNY Mellon), New York, NY; ways Group Inc., Tempe, AZ; WellPoint Inc., gay, and bisexual Americans have no Barclays, New York, NY; BASF Corp., Indianapolis, IN; Wells Fargo & Co., San legal protection. In three States, Florham Park, NJ; Bausch & Lomb Inc., Francisco, CA; Whirlpool Corp., Benton Har- transgender Americans have no protec- Rochester, NY; Best Buy Co. Inc., Richfield, bor, MI; Xerox Corp., Stamford, CT; Yahoo! tion. Between 15 percent and 43 percent MN; Bingham McCutchen LLP, Boston, MA; Inc., Sunnyvale, CA. of LGBT people have experienced dis- Biogen Idec Inc., Weston, MA; BMC Software The PRESIDING OFFICER. The Sen- crimination or harassment in the Inc., Houston, TX; BNP Paribas, New York, ator from Illinois. NY; Boehringer Ingelheim Pharmaceuticals workplace as a result of their sexual Mr. DURBIN. Madam President, I orientation. Twenty-six percent of Inc., Ridgefield, CT; BP America Inc., thank my colleague from Maine for her Warrenville, IL; Bristol-Myers Squibb Co., transgender people report having been New York, NY; Broadridge Financial Solu- statement. This is not a partisan issue. fired from a job because of gender iden- tions Inc., Lake Success, NY; CA Tech- Senator MARK KIRK, my Republican tity, and 90 percent reported experi- nologies Inc., Islandia, NY; Caesars Enter- colleague from Illinois, is a cosponsor encing harassment, mistreatment, or tainment Corp., Las Vegas, NV; Capital One of this issue as well. discrimination. Financial Corp., McLean, VA; Cardinal When it comes to discrimination, Those are terrible statistics, but Health Inc., Dublin, OH; CareFusion Corp., neither party has a monopoly on oppos- San Diego, CA. there is a ray of hope. We found it on ing discrimination. We should be work- the issue of marriage equality, and we CC Media Holdings Inc. (Clear Channel), ing together. So I thank the Senator San Antonio, TX; Charles Schwab & Co., San found it when it comes to discrimina- Francisco, CA; Chevron Corp., San Ramon, from Maine for speaking as she has so tion based on sexual orientation, and CA; Choice Hotels International Inc., Silver often for the kinds of liberties and val- here is what is most hopeful: Younger Spring, MD; Chubb Corp., Warren, NJ; Cisco ues which we all should share in this people don’t feel this way. The newer Systems Inc., San Jose, CA; Citigroup, New country. generation across America looks at the York, NY; Clorox Co., Oakland, CA; The If we ask most Americans this very older folks, scratches their heads, and Coca-Cola Co., Atlanta, GA; Corning Inc., basic question: Is it legal to discrimi- says: What are you doing? Why would Corning, NY; Darden Restaurants Inc., Or- nate against someone because they are lando, FL; Dell Inc., Round Rock, TX; gay—to say I won’t hire you, I won’t you possibly discriminate against Deloitte LLP, New York, NY; The Deposi- promote you, I won’t give you a raise— someone because of their sexual ori- tory Trust & Clearing Corp., New York, NY; 80 percent of Americans say, of course entation? Deutsche Bank, New York, NY; Diageo North There are some who will decry this as not. That can’t be legal in America. America, Norwalk, CT; Dow Chemical Co., the deterioration of American values. The reality is that in more than half of Midland, MI; Eastman Kodak Co., Rochester, Not me. I think it is an indication that NY; Electronic Arts Inc., Redwood City, CA; the States it is legal, and in more than each generation has an opportunity to Eli Lilly & Co., Indianapolis, IN; EMC Corp., two-thirds of the States it is legal to expand opportunity, an opportunity to Hopkinton, MA; Ernst & Young LLP, New discriminate based on gender identity. York, NY; Expedia Inc., Bellevue, WA; Gap That which we take for granted as part expand freedom, and to put to rest dis- Inc., San Francisco, CA; General Electric of the ordinary course of life and busi- crimination. How many times has it Co., Fairfield, CT; General Mills Inc., Min- ness in America turns out not to be happened throughout our history? We neapolis, MN; General Motors Corp., Detroit, waged a Civil War over the issue of MI; GlaxoSmithKline, Philadelphia, PA; true. This ENDA bill, which is going to be considered on a procedural vote in race and slavery, and in our Constitu- Goldman Sachs Group Inc., New York, NY; tion women were treated as second Google Inc., Mountain View, CA. about an hour, is an effort to establish Groupon Inc., Chicago, IL; Hanover Direct a national standard of tolerance, a na- class citizens and not allowed to vote Inc., Weehawken, NJ; Herman Miller Inc., tional standard against discrimination. until the 20th century. We have seen Zeeland, MI; Hewlett-Packard Co., Palo Alto, I come from a background—and I similar discrimination against groups CA; Hillshire Brands Co., Downers Grove, IL; think most people do—that believes throughout our history. We know it Hilton Worldwide, McLean, VA; Hospira Inc., each person deserves a chance to prove happened in the early days when it Lake Forest, IL; HSBC—North America, themselves and that we shouldn’t hold came to discrimination against those Prospect Heights, IL; Hyatt Hotels Corp., who were disabled and faced other dis- Chicago, IL; Integrity Staffing Solutions it against them if they happen to be a Inc., Wilmington, DE; InterContinental Ho- man or a woman, a person who is of abilities. All of that is changing for the tels Group Americas, Atlanta, GA; Inter- one religious faith or another, or be- better. We are moving toward a society national Business Machines Corp., Armonk, cause of a person’s national origin, that really judges people based on what NY; Jenner & Block LLP, Chicago, IL; race, or religion. We shouldn’t dis- they do with their lives, how they con- JPMorgan Chase & Co., New York, NY; Kai- criminate against people based on that. duct themselves. ser Permanente, Oakland, CA; KeyCorp, It really strikes me as fundamental to When we extend Federal employment Cleveland, OH; Kimpton Hotel & Restaurant what we are as Americans to say that discrimination protections currently Group, San Francisco, CA; KPMG LLP, New everyone deserves a chance to be provided based on race, religion, sex, York, NY; Levi Strauss & Co., San Fran- national origin, age, and disability to cisco, CA; Marriott International Inc., Be- judged on the merits, on the basis of thesda, MD; Marsh & McLennan Companies their performance. This Employment sexual orientation and gender identity, Inc., New York, NY; Merck & Co. Inc., White- Non-Discrimination Act, on which we we will be moving forward on this Em- house Station, NJ; Microsoft Corp., will consider a procedural vote in ployment Non-Discrimination Act, Redmond, WA; MillerCoors Brewing Co., Chi- about an hour, is an effort to enshrine which is known as ENDA. In this meas- cago, IL. that into law at the Federal level. ure, we prohibit public and private em- Mitchell Gold + Bob Williams, Taylors- Some of the critics say: Why are you ployers with more than 15 employees, ville, NC; Moody’s Corp., New York, NY; doing this? The House of Representa- employment agencies, and labor unions Morgan Stanley, New York, NY; Motorola Inc., Schaumburg, IL; Nationwide, Colum- tives will never take this up; they will from using an individual’s sexual ori- bus, OH; The Nielsen Co., Schaumburg, IL; never consider it. Well, I think it is our entation or gender identity as the basis Nike Inc., Beaverton, OR; Oracle Corp., Red- responsibility to speak out in favor of for employment discrimination such as wood City, CA; Orbitz Worldwide Inc., Chi- doing the right thing. I am hoping hiring, firing, promotion or compensa- cago, IL; Pfizer Inc., New York, NY; that, as we saw with the statement tion. We apply to Congress and the PricewaterhouseCoopers LLP, New York, from the Senator from Maine, Repub- Federal Government as well as employ- NY; Procter & Gamble Co., Cincinnati, OH; licans will step up and realize that this ees of State and local governments the QUALCOMM Inc., San Diego, CA; RBC shouldn’t be a partisan issue, and that same basic protection. Wealth Management, Minneapolis, MN; Re- This bill reflects what the business placements Ltd., McLeansville, NC; Robins, the Republican-controlled House of Kaplan, Miller & Ciresi LLP, Minneapolis, Representatives, where the Repub- community is largely already doing. A MN; Self-Help Credit Union, Durham, NC; licans have the majority, will actually majority of Fortune 500 companies SUPERVALU Inc., Eden Prairie, MN; Teach- stand and speak against this form of have sexual orientation and gender ers Insurance and Annuity Association—Col- discrimination. identity nondiscrimination policies in

VerDate Mar 15 2010 01:27 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\A04NO6.019 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE S7790 CONGRESSIONAL RECORD — SENATE November 4, 2013 place. More than 100 companies have New York, to be United States District Susan P. Watters, to be U.S. district already endorsed this bill. Judge for the Southern District of New judge for the District of Montana; Recent polling has shown the major- York and Debra M. Brown, of Mis- Brian J. Davis, to be U.S. district judge ity of small businesses have sexual ori- sissippi, to be United States District for the Middle District of Florida; entation and gender identity non- Judge for the Northern District of Mis- James Donato, to be U.S. district judge discrimination policies in place. One sissippi. for the Northern District of California; might say: If so many businesses are The PRESIDING OFFICER. Under Beth Labson Freeman, to be U.S. dis- already moving in this direction, why the previous order, there will be 30 trict judge for the Northern District of do we need it? Well, the vast majority minutes of debate equally divided in California; and Pedro A. Delgado Her- of American businesses didn’t discrimi- the usual form. nandez, to be U.S. district judge for the nate based on race, but to protect peo- Mr. LEAHY. Madam President, District of Puerto Rico. Instead, Re- ple looking for jobs, and others, we today, we are voting on the nomina- publicans continue to force many of wanted to make sure everyone was pro- tions of Debra Brown and Gregory these nominees to wait needlessly on tected in the Civil Rights Act. Woods to fill vacancies on the District the Senate floor. The business community from Wall Courts of Mississippi and New York. If Moreover, Republicans are obstruct- Street to Main Street understands that confirmed, Ms. Brown would be the ing nominees from filling these judicial hiring the best and brightest, without first African-American woman to serve emergency vacancies in other ways considering irrelevant characteristics as a Federal judge in Mississippi. I am that the public is less aware. Much of such as sexual orientation and gender proud that together we will reach a these delay tactics occur earlier in the identity, is the best way to compete in landmark moment in diversity on the process, and include the refusal to re- our global economy. Federal bench, and I commend Presi- turn blue slips and the refusal to pro- ENDA would extend the protections dent Obama, Senator WICKER, and Sen- vide recommendations to the President already offered by the majority of busi- ator COCHRAN for their important ef- for district court nominees from their nesses to level the playing field and en- forts. State that they would be willing to sure that all Americans have equal pro- These nominations come at a trying support. In fact, there are judicial tection against employment discrimi- time for the Federal courts. We have emergency vacancies that have per- nation. more than 90 judicial vacancies, and 37 sisted for years because certain Repub- We do not get many chances in this of these vacancies have been des- lican Senators refuse to either return job to make a mark in history. This ignated as emergency vacancies due to their blue slip or provide a rec- will be our chance in the Senate. In high caseloads by the nonpartisan Ad- ommendation to the President. So I just an hour we will have this proce- ministrative Office of the U.S. Courts. take these hollow accusations about fo- dural vote. We need 60. We have 55 While it is a sign of progress that we cusing on judicial emergency vacancies Democrats, but we need 5 Republicans will vote to confirm two additional from Senate Republicans with a grain to step up and join us. I believe we will judges today, it is essential that the of salt. This is advice I will heed once have them, and I hope many more. Senate move faster to confirm those Senate Republicans demonstrate Let’s make this a solid bipartisan ef- judges that the Federal judiciary so ur- through their actions that they care fort, a solid stand against discrimina- gently needs. about filling vacancies. tion. That ought to be one issue that Last week, when debating whether It is good news for New York and brings both parties together. With a we would be allowed to have an up-or- Mississippi that the Senate will vote solid vote coming out of the Senate, I down vote on the nomination of Patri- today to confirm two excellent nomi- hope our friends on the opposite side of cia Millett to the DC Circuit, there was nees. Yet I believe that the Senate the Rotunda will follow our lead and a lot of talk by Senate Republicans should have acted sooner on these they will consider and pass this impor- that Senate Democrats should be con- nominations. These nominees are tant and historic legislation. cerned with filling judicial emergency uncontroversial and have remained on I yield the floor and suggest the ab- vacancies rather than the DC Circuit, the Senate floor for far too long. The sence of a quorum. which they claim does not need more unnecessary and irresponsible govern- The PRESIDING OFFICER. The judges. We all know that their argu- ment shutdown did serious harm to our clerk will call the roll. ments about the DC Circuit have noth- Federal courts, which was already op- The legislative clerk proceeded to ing to do with caseload and everything erating on fumes as a result of seques- call the roll. to do with the political party of the tration and the high levels of judicial Mr. COCHRAN. Madam President, I President nominating. As one of only vacancies. ask unanimous consent that the order three members of my caucus who have Gregory Woods is nominated to a va- for the quorum call be rescinded. served in the Senate since the 1970s, cancy on the U.S. District Court for The PRESIDING OFFICER. Without and having served both in the majority the Southern District of New York. objection, it is so ordered. and the minority, I have cautioned Since 2012, Mr. Woods has served as the against changing the rules. However, if general counsel for the U.S. Depart- f the filibuster rules continue to be ment of Energy. He previously served EXECUTIVE SESSION abused by my Republican colleagues I for 3 years as deputy general counsel at will have no option but to reconsider the Department of Transportation, and my longstanding opposition to such a in private practice for 11 years at NOMINATION OF GREGORY HOW- change. Debevoise & Plimpton LLP, first as an ARD WOODS TO BE UNITED I also find the Senate Republicans’ associate, and later as a partner. Fol- STATES DISTRICT JUDGE FOR newfound concern about judicial emer- lowing law school, he worked for 4 THE SOUTHERN DISTRICT OF gency vacancies particularly rich with years as a trial attorney in the Com- NEW YORK irony given their role in preventing mercial Litigation Branch of the Civil this President from filling many of Division at the Department of Justice. those vacancies. In fact, nearly half of Mr. Woods earned his B.A., with hon- NOMINATION OF DEBRA M. BROWN the emergency vacancies are empty be- ors, from Williams College and his J.D. TO BE UNITED STATES DISTRICT cause of Republican obstruction. First, from Yale Law School. He has the sup- JUDGE FOR THE NORTHERN DIS- there are 15 judicial nominees pending port of both of his home State Sen- TRICT OF MISSISSIPPI before the full Senate, including 7 ators, Senator SCHUMER and Senator The PRESIDING OFFICER. Under nominees who would fill judicial emer- GILLIBRAND. The Judiciary Committee the previous order, the Senate will pro- gency vacancies if the Republicans approved his nomination by voice vote ceed to executive session to consider would allow us to vote on them today: more than 3 months ago. the following nominations, which the Elizabeth A. Wolford, to be U.S. dis- Debra Brown is nominated to a va- clerk will report. trict judge for the Western District of cancy on the U.S. District Court for The legislative clerk read the nomi- New York; Brian Morris, to be U.S. dis- the Northern District of Mississippi. nations of Gregory Howard Woods, of trict judge for the District of Montana; Since 2012, Debra Brown has been a

VerDate Mar 15 2010 02:25 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.018 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE November 4, 2013 CONGRESSIONAL RECORD — SENATE S7791 shareholder in the law firm Wise Carter the Federal Bar Association, as well as last year she has been a shareholder in Child & Caraway. She previously a member of the Mississippi State Bar, the law firm of Wise Carter Child & worked at the law firm Phelps Dunbar the Magnolia Bar Association, and the Caraway, where she has handled a wide LLP for over 15 years, first as an asso- Mississippi Women Lawyers Associa- variety of commercial litigation mat- ciate, then as a partner, and finally as tion, where she has served as president. ters before both Federal and State a counsel. While earning a reputation She is a fellow of the Mississippi Bar courts. as an excellent litigator, she stayed in- Foundation. In 2004 Ms. Brown received According to press reports, Ms. volved in her community, providing the Jackson Young Lawyers Out- Brown’s friends expect her to be very pro bono legal services through the standing Service Award, and in 2008 she coordinated, very detailed, and very Mississippi Volunteer Lawyers Project was recognized by the Mississippi Busi- prepared as a judge. Ms. Brown’s col- and serving on the Board of Directors ness Journal as one of Mississippi’s lege dean at Mississippi State Univer- for the Mississippi Center for Justice. leading businesswomen. sity recalled that her key character Ms. Brown earned her B.A. from Mis- Her nomination was approved unani- traits are perseverance, diligence, and sissippi State University, and her J.D. mously by the U.S. Senate Committee focus. He noted that she overcame from the University of Mississippi on the Judiciary. I am very pleased to early struggles, winning the top archi- School of Law. Her nomination has the support this nomination. Ms. Debra tecture student honor—the Alpha Rho support of both her home State Sen- Brown is very well qualified for this Chi Medal—in her senior year. ators, Senator WICKER and Senator important responsibility, and I am con- It is clear that Ms. Brown will bring COCHRAN. The Judiciary Committee ap- fident she will serve with distinction as a unique perspective to the court, proved her nomination by voice vote a U.S. district court judge. drawing upon a diverse professional more than 3 months ago. The PRESIDING OFFICER. The Sen- and educational background. I am con- To me, the path forward is simple. ator from Mississippi. fident her service will be good for our Nominees such as the ones being voted Mr. WICKER. Madam President, I country, our State, and especially good on today and the other uncon- rise this afternoon, joining my col- for the city of Greenville, where she troversial, qualified nominees cur- league from Mississippi, in strong sup- will preside. Having a judge who is also rently pending before the full Senate port of Debra Brown’s confirmation to an architect would be particularly ser- should be confirmed immediately so the U.S. District Court for the North- endipitous for Greenville. The Federal that they can get to work for the ern District of Mississippi. Ms. Brown courthouse there is woefully inad- American people. Now that this shut- was nominated in May by President equate. The court is in desperate need down has ended, we must work to- Obama to fill the seat held by my of a new state-of-the-art courthouse. I gether to make sure that our Federal friend, the late district court judge am hopeful Ms. Brown’s tenure will co- judiciary, a coequal and independent Allen Pepper. incide with its construction. branch of government, has the re- As one of Mississippi’s two U.S. Sen- Although Ms. Brown’s law career has sources it needs to be working at full ators, I enthusiastically recommend focused primarily on civil litigation, strength and with a full complement of Ms. Brown based upon her qualifica- her dedication to her profession goes judges. Only then will we have a judi- tions. In addition, I am thrilled and far beyond casework. From 2003 to 2004 cial system worthy of the American honored to be part of this historic mo- she served as president of the Mis- people. ment for our State. If confirmed, Ms. sissippi Women Lawyers Association. The PRESIDING OFFICER. The Sen- Brown will become the first female Af- She was also named by the Mississippi ator from Mississippi. rican-American U.S. district judge in Business Journal as one of Mississippi’s Mr. COCHRAN. Madam President, I Mississippi. Making history, however, 50 leading businesswomen. In addition am pleased to support the confirmation would be just the latest achievement in to pro bono work, Ms. Brown serves on of Ms. Debra Brown to be a U.S. dis- Ms. Brown’s admirable career, which the board of the Mississippi Center for trict court judge for the Northern Dis- has reflected a longtime commitment Justice, a public interest law firm that trict of Mississippi. to excellence—the kind of excellence combats discrimination and poverty in Ms. Brown graduated from the Mis- her parents expected of her and her Mississippi, and Operation Shoestring, sissippi State University School of Ar- four sisters throughout their child- which empowers families and children chitecture in 1987, where she served as hood. Ms. Brown would go on to make in the Jackson community. She has a member of the school’s advisory her parents proud and to be a credit to been endorsed by a number of pres- council. She worked as an architect in her hometown. tigious organizations, including the Washington, DC, where she partici- Sharing in this special moment today Magnolia Bar Association, which rep- pated in the renovation and restoration is Ms. Brown’s native Yazoo City, MS. resents minorities and other lawyers of municipal and historic buildings and It is worth mentioning that along with and judges throughout the State of in the construction of commercial and Federal judges William Barbour and Mississippi. residential properties as well. Carlton Reeves, Debra Brown now be- Our country needs judges who have a She received her law degree from the comes the third district court judge in record of professional excellence, integ- University of Mississippi School of Law recent memory from the small town of rity, and public service. Ms. Brown has in 1997, where she served as associate Yazoo City. demonstrated this throughout her ca- editor and articles editor of the Mis- Ms. Brown is a proven trailblazer. As reer. I urge my colleagues to vote for sissippi Law Journal. Ms. Brown be- my colleague just stated, she was the her confirmation for the U.S. District came the only lawyer in Mississippi second African-American female to Court for the Northern District of Mis- with degrees in both architecture and graduate from the School of Architec- sissippi. law. ture at Mississippi State University I yield the floor. In 1997 she joined the Phelps Dunbar and the first member of her family to The PRESIDING OFFICER. The Sen- law firm in Jackson, MS, where she be- earn a law degree, which she completed ator from Vermont. came a partner and remained until in 1997 from the University of Mis- Mr. LEAHY. Madam President, I am January 2012, when she joined, as a sissippi School of Law. So her con- told the Senator from Illinois is wait- shareholder, the Jackson law firm of firmation today will be a source of jus- ing to speak. I know the time has been Wise Carter Child & Caraway. Both of tifiable pride for two of Mississippi’s reserved for me on these judges, but of these firms are highly respected. great universities. Not many lawyers course I would be willing to yield to During her almost 16 years in private in the country have degrees in archi- him. practice, Ms. Brown has had the oppor- tecture and in law, and indeed Debra I ask the Chair, how long does the tunity to be involved in numerous civil Brown is reportedly the only practicing Senator from Illinois need? cases in a wide range of subjects. Her lawyer in Mississippi with an architec- Mr. KIRK. A very brief time. specialty was commercial construction tural background. Mr. LEAHY. Madam President, I will and civil liability litigation. She is a Following law school, Ms. Brown rose yield to him. member of the American Bar Associa- to become a partner in the law office of I do want to tell my two friends from tion, the National Bar Association, and Phelps Dunbar in Jackson, MS. Since Mississippi that I agree with what they

VerDate Mar 15 2010 02:25 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.019 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE S7792 CONGRESSIONAL RECORD — SENATE November 4, 2013 have said about their nominee. I was had an aggressive schedule of hearings The PRESIDING OFFICER. The Sen- proud to vote for her in the Senate Ju- and business meetings taking action on ator from Vermont. diciary Committee, proud to put her many more nominees. In total, the Mr. LEAHY. Madam President, I name on the agenda, and proud to have Senate will have confirmed 207 lower won’t go on so much on the numbers, the hearing for her. court article III judges. We have voted but I did hear my friend say there is a I yield the floor. against three nominees. So 207 to 3 question whether President Obama has The PRESIDING OFFICER. The Sen- being defeated is a success rate for the been treated differently than President ator from Illinois. President of 99 percent of his nominees. Bush. I would note that when President Mr. KIRK. Madam President, I ask I think that is a pretty outstanding Bush nominated John Roberts for the unanimous consent to deliver my re- record not just for President Obama ninth seat to the DC Circuit, he was marks while seated. but for any President. So I reject the confirmed by every single Republican The PRESIDING OFFICER. Without continuing rhetoric regarding how Re- and Democrat voting for him. objection, it is so ordered. publicans are obstructing President Patricia Millett, with exactly the EMPLOYMENT NON-DISCRIMINATION ACT Obama’s judicial nominees. same credentials as he for the Ninth Mr. KIRK. Madam President, I have Again, I congratulate the nominees seat, was filibustered by the Repub- been silent for the last 2 years due to on their anticipated confirmations. licans. Were they treated differently? having a stroke a little under 2 years Debra M. Brown is nominated to be Yes. That happened last week, so it is ago. I have come to speak because I be- United States District Judge for the fresh in our memories. But I wish to lieve so passionately in the ENDA stat- Northern District of Mississippi. She talk about a different issue. ute. This is not a major change to law. received her B.Arch. from Mississippi Today, Senators are finally going to It is already law in 21 States. State University in 1987. She worked as have a chance to cast their vote and I think it is particularly appropriate an associate in architectural firms put on the record where every Senator for an Illinois Republican to speak on until starting law school in 1994. She stands on the fundamental issue of behalf of this measure, in the true tra- received her J.D. from University of fairness. The Employment Non-Dis- dition of Everett McKinley Dirksen Mississippi School of Law in 1997. Upon crimination Act will help bring this and Abraham Lincoln, men who gave graduation, she joined Phelps Dunbar great Nation one step closer to the goal us the 1964 Civil Rights Act and the LLP as an associate, focusing on com- of equal rights for all Americans. 13th Amendment to the Constitution. mercial litigation primarily in the fi- I have long believed that American With that, I suggest the absence of a nancial and insurance context rep- workers should be evaluated based on quorum. resenting commercial clients such as how they perform, not on irrelevant The PRESIDING OFFICER. The banks, mortgage companies, property considerations such as gender, race, clerk will call the roll. gender identity, or sexual orientation, The assistant legislative clerk pro- and casualty insurers and commercial property managers. She became part- but on how they do the job. If they do ceeded to call the roll. the job, they ought to be praised for it. Mr. GRASSLEY. Madam President, I ner in 2004, and handled matters con- In these difficult economic times, en- ask unanimous consent that the order cerning construction-related litigation suring equal protection in the work- for the quorum call be rescinded. for construction sureties, general con- The PRESIDING OFFICER. Without tractors and some subcontractors. In place is even more critical. We have to objection, it is so ordered. 2012, she moved to Wise Carter Child & do better. We shouldn’t question if peo- Mr. GRASSLEY. Madam President, Caraway, P.A. There, she continues to ple should be treated the same in the would I be in order to speak about handle construction litigation, as well workplace, but that is what has hap- judges who are going to be voted on? as representation of owners in con- pened in parts of this country. Main- The PRESIDING OFFICER. The Sen- struction matters, and representation taining the status quo would keep in ator would be in order. of hospitals and medical providers in place a system that supports a second Mr. GRASSLEY. Madam President, I the context of employment law and class of workers in a majority of rise in support of the nominations of medical malpractice. She has partici- States. This runs counter to the values Debra M. Brown to be U.S. district pated in 12 trials, two as sole counsel, on which America was founded. It has judge for the Northern District of Mis- and one as chief counsel. to end. sissippi and Gregory Howard Woods to The ABA has given Ms. Brown a rat- The Employment Non-Discrimina- be U.S. district judge for the Southern ing of ‘‘Unanimous Qualified’’. tion Act would prohibit workplace dis- District of New York. Gregory Howard Woods is nominated crimination and make it illegal to fire, Before we vote on these nominations, to be United States District Judge for refuse to hire, or refuse to promote em- I want to inform my fellow Senators the Southern District of New York. He ployees simply based on an individual’s and the American people once again on received his B.A. from Williams College sexual orientation or gender identity. the excellent progress we have made on in 1991 and his J.D. from Yale Law Currently, Federal law protects against nominations and the fair treatment of School in 1995. After graduating from employment discrimination on the President Obama’s nominees. With law school, Mr. Woods joined the De- basis of race, gender, religion, national these confirmations today, the Senate partment of Justice as a trial attorney origin, or disability—as it should. But will have confirmed 38 lower court arti- in the civil division. While at DOJ, his it doesn’t stop discrimination based on cle III judicial nominees this year. practice included investigating and sexual orientation or gender identity. Despite what I frequently hear—that litigating cases under the False Claims It is long overdue for Congress to ex- this President is being treated dif- Act. In 1998, Mr. Woods joined tend these protections to all American ferently than President Bush—Presi- Debevoise & Plimpton as an associate workers. dent Obama is clearly ahead of where and was made an equity partner in 2004. I am a native of Vermont. I am proud President Bush was at a similar time- At Debevoise & Plimpton his practice to represent the State of Vermont, as I frame, meaning at this time in his sec- was focused almost exclusively on cor- have for almost four decades, in this ond term. The 38 confirmations this porate transactional law. As a partner, body. One reason I am proud to rep- year is more than 21⁄2 times the number he devoted his practice principally to resent Vermont is our State has led the confirmed at a similar stage in Presi- finance and restructuring matters. country on so many civil rights issues. dent Bush’s second term, when only 14 In August 2009 he was named Deputy Vermonters believe in individual judicial nominees had been confirmed. General Counsel for the Department of rights, in fairness, and in equality. In fact, for the entire fifth year of Transportation. In 2012, after Senate More than two decades ago, our State President Bush’s term, only 21 lower confirmation, he was appointed by of Vermont added sexual orientation to court judges were confirmed. Again, in President Obama to be General Counsel the list of protected categories in its President Obama’s fifth year we will of the Department of Energy. antidiscrimination employment law, have confirmed 38 nominees after to- The ABA has given Mr. Woods a rat- and Vermont expanded its protections day’s votes. ing of ‘‘Majority Qualified, Minority to include gender identity protection 6 In addition to the robust pace of ac- Well Qualified’’. years ago. Yet in 29 States, an em- tivity on the floor, the committee has I yield the floor. ployer can fire employees based on

VerDate Mar 15 2010 02:25 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.021 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE November 4, 2013 CONGRESSIONAL RECORD — SENATE S7793 their sexual orientation, and in 33 ever it is. Until we do that, we will fail Cantwell Heitkamp Paul Cardin Heller Portman States, they can be fired based on their to achieve the motto engraved in Carper Hirono Pryor gender identity. This is not right. I Vermont marble above the Supreme Casey Hoeven Reed might also point out, Vermont has one Court building that declares ‘‘Equal Coats Inhofe Reid of the lowest unemployment rates of Justice Under Law.’’ Let’s make sure Cochran Isakson Risch Collins Johanns Roberts any State in the country. all Americans have the equal rights Coons Johnson (SD) Rockefeller Many employers have taken this they deserve. Corker Johnson (WI) Rubio issue into their own hands, making up I urge my fellow Senators to come Cornyn Kaine Sanders for Congress’s inaction by imple- Crapo King Schatz together and support this important bi- Cruz Kirk Schumer menting important antidiscrimination partisan bill without delay, and the Donnelly Klobuchar Scott policies. As of April of this year, 88 per- other body to have the courage to Durbin Landrieu Sessions cent of the Fortune 500 companies had stand up for America—standing up for Enzi Leahy Shaheen nondiscrimination policies that in- Feinstein Lee Shelby all Americans, every single American— Fischer Levin Stabenow cluded sexual orientation, and 57 per- and vote for this legislation. Flake Manchin Tester cent had policies including gender I yield the floor and I suggest the ab- Franken Markey Thune identity. sence of a quorum. Gillibrand McConnell Toomey I wish to mention two Vermont com- Graham Menendez Udall (CO) The PRESIDING OFFICER. The Grassley Merkley Udall (NM) panies in particular, Fletcher Allen clerk will call the roll. Hagan Mikulski Warner Health Care and Green Mountain Cof- The assistant legislative clerk pro- Harkin Murphy Whitehouse fee Roasters, for showing real leader- Hatch Murray Wicker ceeded to call the roll. ship on this issue; they banned dis- Heinrich Nelson Wyden Mr. LEAHY. Madam President, I ask crimination in the workplace based on NOT VOTING—10 unanimous consent the order for the gender identity and sexual orientation. Blunt McCain Vitter I also applaud companies such as quorum call be rescinded. Burr McCaskill Warren IBM, Microsoft, General Electric, and The PRESIDING OFFICER. Without Chambliss Moran Time Warner for doing the right thing. objection, it is so ordered. Coburn Murkowski Two of these companies have a major Mr. LEAHY. Madam President, is The nomination was confirmed. presence in Vermont. These corpora- there time remaining? The PRESIDING OFFICER. Under tions know that treating all their em- The PRESIDING OFFICER. All time the previous order, the motions to re- ployees equally is not only fair—it also has expired. consider are considered made and laid makes good business sense. They know The question is, Will the Senate ad- upon the table and the President will that. It is time that we in Congress vise and consent to the nomination of be immediately notified of the Senate’s know that too. Gregory Howard Woods, of New York, action. Workplace discrimination hurts fam- to be United States District Judge for f ilies, and the hatred that drives dis- the Southern District of New York. crimination has no place in a nation The nomination was confirmed. LEGISLATIVE SESSION continually striving to form a more VOTE ON BROWN NOMINATION The PRESIDING OFFICER. The Sen- perfect union. So I thank Chairman The PRESIDING OFFICER. The ate will resume legislative session. HARKIN for making this bipartisan leg- question is, Will the Senate advise and f islation a priority in his committee, consent to the nomination of Debra M. and for conducting the groundwork in Brown, of Mississippi, to be United EMPLOYMENT NON-DISCRIMINA- creating the record we need to ensure States District Judge for the Northern TION ACT OF 2013—MOTION TO this important bill’s passage. The bi- District of Mississippi? PROCEED—Continued partisan team of Senator MERKLEY and Mr. LEAHY. Madam President, I ask The PRESIDING OFFICER. Under Senator COLLINS brought together for the yeas and nays. the previous order, there will be 2 min- Members by their thoughtfulness and The PRESIDING OFFICER. Is there a utes of debate equally divided in the tenacity. usual form prior to a vote on the mo- A dear friend of mine used to sit in sufficient second? There is a sufficient tion to invoke cloture on the motion to the back, and was in the Senate when second. proceed to S. 815. I came here. I learned so much from The clerk will call the roll. Who yields time? him. I am speaking of Ted Kennedy. I The assistant legislative clerk called The Senator from Iowa. have to think he is looking down on the roll. Mr. HARKIN. Madam President, the this Chamber tonight as we try to pass Mr. DURBIN. I announce that the legislation he worked so hard to craft Senator from Missouri (Mrs. MCCAS- Senate is about to take another his- in his final years in the Senate. I was KILL), and the Senator from Massachu- toric step. Think about it. In 1964 we happy to work on this civil rights leg- setts (Ms. WARREN) are necessarily ab- had the Civil Rights Act. In 1990—23 islation with him then and with his sent. years ago—I stood here when we passed partner on this effort, a former Mr. CORNYN. The following Senators the Americans with Disabilities Act, Vermont Senator, Jim Jeffords. We are necessarily absent: the Senator which extended civil rights to people honor their leadership tonight with from Missouri (Mr. BLUNT), the Senator with disabilities. this vote. from North Carolina (Mr. BURR), the Today we are taking one more step I am encouraged States and employ- Senator from Georgia (Mr. CHAMBLISS), to make the American family more in- ers are moving forward where we have the Senator from Oklahoma (Mr. clusive and once and for all ban em- not. But I believe ending discrimina- COBURN), the Senator from Arizona ployment discrimination against gay, tion must also be a priority for Con- (Mr. MCCAIN), the Senator from Kansas lesbian, bisexual, and transgender gress. I look at the distinguished Pre- (Mr. MORAN), the Senator from Alaska Americans. siding Officer, and I think of her prede- (Ms. MURKOWSKI), and the Senator from This is a historic opportunity for the cessor—another dear friend of mine for Louisiana (Mr. VITTER). Senate once again to say that we are nearly four decades—and the discrimi- The PRESIDING OFFICER. Are there all members of the American family. nation he faced when he came out of any other Senators in the Chamber de- No one should be discriminated against the service, having lost an arm, and siring to vote? because of race, sex, religion, or na- having received the Medal of Honor for The result was announced—yeas 90, tional origin. They should not be dis- this country, and was still told in some nays 0, as follows: criminated against because of who they love, who they are or whether they are places in America that he couldn’t [Rollcall Vote No. 228 Ex.] walk into their establishment. I am gay, lesbian, bisexual, or transgender. YEAS—90 sure each of us can think of times of This is a historic step for the Senate Alexander Baucus Booker to take today. discrimination of all sorts. Ayotte Begich Boozman Let’s pass legislation that bans all Baldwin Bennet Boxer I urge a yea vote on the motion to discrimination in the workplace, what- Barrasso Blumenthal Brown proceed.

VerDate Mar 15 2010 02:25 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.027 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE S7794 CONGRESSIONAL RECORD — SENATE November 4, 2013 The PRESIDING OFFICER. Who Mikulski Rockefeller Udall (CO) As chairman of the Committee on yields time in opposition? Murphy Sanders Udall (NM) Health, Education, Labor, and Pen- Murray Schatz Warner Mr. REID. Madam President, I yield Nelson Schumer Warren sions, I know how important it is for back time on the motion to invoke clo- Portman Shaheen Whitehouse policymakers to have access to quality ture. Pryor Stabenow Wyden data on our health and retirement sys- Reed Tester The PRESIDING OFFICER. Without Reid Toomey tems. And for 35 years, EBRI has been objection, all time has been yielded providing just that kind of informa- NAYS—30 back. tion. For instance, EBRI is a major Alexander Fischer McConnell CLOTURE MOTION Barrasso Flake Paul source of information on how health The PRESIDING OFFICER. By unan- Boozman Graham Risch plan coverage has evolved over the imous consent, pursuant to rule XXII, Coats Grassley Roberts years and how employers have re- Cochran Hoeven Rubio sponded to market changes. EBRI is the Chair lays before the Senate the Corker Inhofe Scott pending cloture motion, which the Cornyn Isakson Sessions also a unique resource on both 401(k) clerk will report. Crapo Johanns Shelby and IRA ownership, and during the Cruz Johnson (WI) Thune Enron crisis of several years ago, EBRI CLOTURE MOTION Enzi Lee Wicker was one of the only sources of data on We, the undersigned Senators, in ac- NOT VOTING—9 what was happening with company cordance with the provisions of rule Blunt Coburn Moran stock in 401(k) plans. Because of their XXII of the Standing Rules of the Sen- Burr McCain Murkowski expertise and reliability, we in Con- ate, hereby move to bring to a close de- Chambliss McCaskill Vitter gress frequently ask EBRI’s experts to bate on the motion to proceed to Cal- The PRESIDING OFFICER. On this testify at our hearings, since we know endar No. 184, S. 815, a bill to prohibit vote, the yeas are 61, the nays are 30. we can trust what they have to say. employment discrimination on the Three-fifths of the Senators duly cho- Health and retirement coverage for basis of sexual orientation or gender sen and sworn having voted in the af- American families is critically impor- identity. firmative, the motion is agreed to. tant to our Nation’s future. We are for- Richard J. Durbin, Tom Harkin, Jeff (Disturbance in the visitors gallery.) Merkley, Benjamin L. Cardin, Michael tunate to have such a respected and re- The PRESIDING OFFICER. No ex- liable source as EBRI to tell us what is F. Bennet, Barbara Mikulski, Charles pressions of approval are permitted in E. Schumer, Martin Heinrich, Patrick happening with employee benefits, and J. Leahy, Robert Menendez, Barbara the gallery. I commend them on their anniversary. The Senator from Louisiana. Boxer, Kirsten E. Gillibrand, Mazie K. f Hirono, Tammy Baldwin, Amy Klo- Ms. LANDRIEU. I thank my col- buchar, Jack Reed, Harry Reid. leagues who led this effort on this non- ADDITIONAL STATEMENTS The PRESIDING OFFICER. By unan- discrimination bill, which is historic, and I am pleased we had a bipartisan imous consent, the mandatory quorum TRIBUTE TO JO KENNEY call has been waived. vote to make America more accepting The question is, Is it the sense of the and a just place. It is a work-in- ∑ Mr. ISAKSON. Mr. President. I would Senate that debate on the motion to progress, and I am very pleased we like to honor in the RECORD Ms. Jo proceed to S. 815, a bill to prohibit em- could find the support on this floor to Kenney of Atlanta, GA. ployment discrimination on the basis do that. Now the bill goes to the House, Jo has continually demonstrated of sexual orientation or gender iden- and I urge my colleagues in my con- leadership in both her profession of tity, and for other purposes, shall be gressional delegation and others to real estate and her local community. brought to a close. look at this bill with an open mind and She serves on the DeKalb Association ® The yeas and nays are mandatory an open heart and end discrimination of REALTORS board of directors and under the rule. in the workplace. I urge them to sup- its executive, nominating and Pinnacle The clerk will call the roll. port this bill. Award committees. She is also the (The further remarks of Ms. LAN- The bill clerk called the roll. former president of the Women’s Coun- DRIEU pertaining to the introduction of The PRESIDING OFFICER (Mr. DON- cil DeKalb chapter. Jo also serves on S. 1642 are printed in today’s RECORD NELLY). Are there any other Senators the board of directors for the Decatur under ‘‘Statements on Introduced Bills in the Chamber desiring to vote? Kiwanis Club, is a cofounder of the At- and Joint Resolutions.) lanta Independent Women’s Network Mr. DURBIN. I announce that the Ms. LANDRIEU. I yield the floor, and Senator from Missouri (Mrs. MCCAS- and regularly serves as a mentor to I suggest the absence of a quorum. other REALTORS®. KILL) is necessarily absent. The PRESIDING OFFICER. The Mr. CORNYN. The following Senators Jo has received numerous awards clerk will call the roll. throughout her career for her efforts. are necessarily absent: the Senator The legislative clerk proceeded to from Missouri (Mr. BLUNT), the Senator Jo received the 2009 Businesswoman of call the roll. the Year Award from the DeKalb chap- from North Carolina (Mr. BURR), the Mr. BENNET. Mr. President, I ask ter of the Women’s Council of REAL- Senator from Georgia (Mr. CHAMBLISS), unanimous consent that the order for TORS®, the 2010 Member of the Year the Senator from Oklahoma (Mr. the quorum call be rescinded. Award from the Georgia Chapter of the COBURN), the Senator from Arizona The PRESIDING OFFICER. Without Women’s Council of REALTORS®, the (Mr. MCCAIN), the Senator from Kansas objection, it is so ordered. 2013 REALTOR® of the Year Award (Mr. MORAN), the Senator from Lou- f isiana (Mr. VITTER), and the Senator from the DeKalb Association of REAL- ® from Alaska (Ms. MURKOWSKI). MORNING BUSINESS TORS , the 2013 Five Star Professional The yeas and nays resulted—yeas 61, Mr. BENNET. Mr. President, I ask Award and the Mary Nelson Spirit nays 30, as follows: unanimous consent the Senate proceed Award. On November 9, 2013, Jo Kenney will [Rollcall Vote No. 229 Leg.] to a period of morning business with be installed as the 2014 national presi- YEAS—61 Senators permitted to speak for up to 10 minutes each. dent of the Women’s Council of REAL- Ayotte Collins Hirono The PRESIDING OFFICER. Without TORS®, which is an affiliate of the Na- Baldwin Coons Johnson (SD) ® Baucus Donnelly Kaine objection, it is so ordered. tional Association of REALTORS and Begich Durbin King f the 12th largest women’s professional Bennet Feinstein Kirk organization in the United States. Jo Blumenthal Franken Klobuchar EMPLOYEE BENEFIT RESEARCH will be the third person from my home Booker Gillibrand Landrieu INSTITUTE Boxer Hagan Leahy State of Georgia to serve as president Brown Harkin Levin Mr. HARKIN. Mr. President, I rise to of this national organization. Through Cantwell Hatch Manchin congratulate the Employee Benefit Re- Jo’s strong leadership, dedication and Cardin Heinrich Markey Carper Heitkamp Menendez search Institute on its 35th anniversary guidance, I know that she will be suc- Casey Heller Merkley this year. cessful in her role as president of the

VerDate Mar 15 2010 02:25 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.029 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE November 4, 2013 CONGRESSIONAL RECORD — SENATE S7795 National Women’s Council of REAL- Mr. Ojinaga held on to his faith and S. 1642. A bill to permit the continuation of TORS®, and I wish her the best in her held on to his hope that someday he certain health plans; to the Committee on endeavors.∑ would return home, that someday he Finance. would see his family again. By the By Mr. CARDIN (for himself and Mr. f INHOFE): war’s end, his body bore the weight of REMEMBERING VICENTE OJINAGA S. 1643. A bill to amend title 38, United his suffering. When he was finally re- States Code, to provide for a two-year exten- ∑ Mr. UDALL of New Mexico. Mr. leased, he weighed only 95 pounds. sion of the Veterans’ Advisory Committee on President, in less than 1 week our Na- Like so many of the Bataan sur- Education; to the Committee on Veterans’ tion will commemorate Veterans Day. vivors, Mr. Ojinaga served his country Affairs. It is a day that we set aside to honor at war but also in peacetime. He mar- f the men and women who have served in ried Celia Presciado and together they SUBMISSION OF CONCURRENT AND our Armed Forces, those who are still raised five children. He and his wife SENATE RESOLUTIONS among us, as well as those who, sadly, purchased a home, with the help of the The following concurrent resolutions have left us. GI bill, in the Casa Solana subdivision and Senate resolutions were read, and Today I wish to pay tribute to an of Santa Fe. They would live there to- referred (or acted upon), as indicated: American hero, Vicente Ojinaga, who gether for over half a century. Mr. passed away on September 30 at the Ojinaga graduated from the University By Mr. SCHUMER: age of 95. Mr. Ojinaga was a valiant sol- S. Res. 285. A resolution authorizing the of New Mexico in 1950 with a degree in Committee on Rules and Administration to dier, a member of the Army’s 200th business administration. He worked for prepare a revised edition of the Standing Coast Artillery Regiment, a defender of the Internal Revenue Service and then Rules of the Senate as a Senate document; Bataan and Corregidor, and a survivor for the New Mexico Bureau of Revenue considered and agreed to. of the Bataan Death March. until his retirement in 1978. f During World War II, the courageous His daughter recalled to the New ADDITIONAL COSPONSORS defenders of Bataan were an inspira- Mexican that after his retirement Mr. tion for an embattled nation. The Jap- Ojinaga was busy with his family and S. 264 anese attack on the Philippines in De- with community service. He was a Lit- At the request of Ms. STABENOW, the cember of 1941 came just hours after tle League coach, volunteered to pro- name of the Senator from New York Pearl Harbor. The Battling Bastards of vide tax counseling to the elderly, was (Mrs. GILLIBRAND) was added as a co- Bataan were outnumbered and president of the Guadalupe Credit sponsor of S. 264, a bill to expand ac- outsupplied, but for 4 intense months Union, and served as a Eucharistic cess to community mental health cen- they fought on against all odds. In minister at Our Lady of Guadalupe ters and improve the quality of mental holding off the enemy forces longer Church. Mr. Ojinaga was blessed with a health care for all Americans. than expected, they bought the Allies long and eventful life, and he dedicated S. 381 precious time to regroup. They were, his life to his country, to his family, At the request of Mr. BROWN, the and always will be, an inspiring re- and to his community. name of the Senator from Illinois (Mr. minder of the grit and determination of Our Nation has lost a brave soldier. DURBIN) was added as a cosponsor of S. both Americans and Filipinos. We extend to the family our deepest 381, a bill to award a Congressional The courage and sacrifice of those sympathy and our enduring gratitude Gold Medal to the World War II mem- brave troops should never be forgotten. for his service.∑ bers of the ‘‘Doolittle Tokyo Raiders’’, for outstanding heroism, valor, skill, Their number included 1800 New Mexi- f cans. Many of them were also Hispanic, and service to the United States in deployed to the Philippines because of MEASURES READ THE FIRST TIME conducting the bombings of Tokyo. their ability to speak Spanish. They The following bill was read the first S. 526 were dedicated to defending the free- time: At the request of Mr. BAUCUS, the doms that we all hold dear, at a time H.R. 3204. An act to amend the Federal name of the Senator from Maine (Mr. when they themselves were treated as Food, Drug, and Cosmetic Act with respect KING) was added as a cosponsor of S. second-class citizens. to human drug compounding and drug supply 526, a bill to amend the Internal Rev- For Mr. Ojinaga and his fellow sol- chain security, and for other purposes. enue Code of 1986 to make permanent diers, even worse was yet to come after f the special rule for contributions of the surrender. Those who survived the INTRODUCTION OF BILLS AND qualified conservation contributions, Bataan Death March faced 31⁄2 years of JOINT RESOLUTIONS and for other purposes. horrific conditions and forced labor in S. 567 The following bills and joint resolu- Japanese prisons. At the request of Mr. HARKIN, the In an interview with the Santa Fe tions were introduced, read the first name of the Senator from Ohio (Mr. New Mexican, Mr. Ojinaga’s daughter, and second times by unanimous con- BROWN) was added as a cosponsor of S. Teri Gonzales, recalled that her father sent, and referred as indicated: 567, a bill to improve the retirement of would sometimes tell his family about By Mr. MARKEY: American families by strengthening his experience during the war, but not S. 1639. A bill to amend the FAA Mod- Social Security. ernization and Reform Act of 2012 to provide S. 635 in detail. ‘‘We didn’t want him to relive guidance and limitations regarding the inte- the horrible things,’’ Mrs. Gonzales ex- gration of unmanned aircraft systems into At the request of Mr. BROWN, the plained. ‘‘He said what kept him alive United States airspace, and for other pur- name of the Senator from Indiana (Mr. was faith and prayer and his family, poses; to the Committee on Commerce, COATS) was added as a cosponsor of S. knowing he was going to come back to Science, and Transportation. 635, a bill to amend the Gramm-Leach- his family.’’ By Mr. HELLER: Bliley Act to provide an exception to Vicente Ojinaga was born on January S. 1640. A bill to facilitate planning, per- the annual written privacy notice re- 22, 1918, in Santa Rita, NM. After grad- mitting, administration, implementation, quirement. and monitoring of pinyon-juniper dominated uation from high school, he worked as landscape restoration projects within Lin- S. 658 a carpenter in the copper mine. When coln County, Nevada, and for other purposes; At the request of Mrs. GILLIBRAND, his country called, on the brink of to the Committee on Energy and Natural Re- the name of the Senator from Hawaii World War II, he answered that call, sources. (Ms. HIRONO) was added as a cosponsor unequivocally and with a powerful By Mr. ROCKEFELLER (for himself, of S. 658, a bill to amend titles 10 and sense of duty. With his passing, we say Mr. MANCHIN, Mr. CARDIN, and Ms. 32, United States Code, to enhance ca- goodbye to a courageous veteran of the MIKULSKI): pabilities to prepare for and respond to legendary New Mexican survivors of S. 1641. A bill to establish the Appalachian cyber emergencies, and for other pur- Forest National Heritage Area, and for other Bataan. Our Nation is forever in their purposes; to the Committee on Energy and poses. debt. Natural Resources. S. 769 As his daughter said, despite the hor- By Ms. LANDRIEU (for herself and Mr. At the request of Mr. DURBIN, the rendous circumstances of his captivity, MANCHIN): name of the Senator from Washington

VerDate Mar 15 2010 02:36 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.014 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE S7796 CONGRESSIONAL RECORD — SENATE November 4, 2013 (Ms. CANTWELL) was added as a cospon- tional Park Service, and for other pur- 1456, a bill to award the Congressional sor of S. 769, a bill to designate as wil- poses. Gold Medal to Shimon Peres. derness certain Federal portions of the S. 1188 S. 1505 red rock canyons of the Colorado Pla- At the request of Ms. COLLINS, the At the request of Mr. THUNE, the teau and the Great Basin Deserts in the name of the Senator from Georgia (Mr. names of the Senator from Arkansas State of Utah for the benefit of present ISAKSON) was added as a cosponsor of S. (Mr. BOOZMAN) and the Senator from and future generations of people in the 1188, a bill to amend the Internal Rev- North Carolina (Mrs. HAGAN) were United States. enue Code of 1986 to modify the defini- added as cosponsors of S. 1505, a bill to S. 809 tion of full-time employee for purposes amend the Toxic Substances Control At the request of Mrs. BOXER, the of the individual mandate in the Pa- Act to clarify the jurisdiction of the name of the Senator from Massachu- tient Protection and Affordable Care Environmental Protection Agency with setts (Ms. WARREN) was added as a co- Act. respect to certain sporting good arti- sponsor of S. 809, a bill to amend the S. 1226 cles, and to exempt those articles from Federal Food, Drug, and Cosmetic Act At the request of Mr. BROWN, the definition under that Act. to require that genetically engineered name of the Senator from Minnesota S. 1557 food and foods that contain genetically (Ms. KLOBUCHAR) was added as a co- At the request of Mr. CASEY, the engineered ingredients be labeled ac- sponsor of S. 1226, a bill to promote in- names of the Senator from Minnesota cordingly. dustry growth and competitiveness and (Ms. KLOBUCHAR) and the Senator from S. 815 to improve worker training, retention, Illinois (Mr. DURBIN) were added as co- At the request of Mr. MERKLEY, the and advancement, and for other pur- sponsors of S. 1557, a bill to amend the name of the Senator from New Jersey poses. Public Health Service Act to reauthor- (Mr. BOOKER) was added as a cosponsor S. 1258 ize support for graduate medical edu- of S. 815, a bill to prohibit the employ- At the request of Mr. JOHNSON of Wis- cation programs in children’s hos- ment discrimination on the basis of consin, the name of the Senator from pitals. sexual orientation or gender identity. New York (Mrs. GILLIBRAND) was added S. 1562 S. 886 as a cosponsor of S. 1258, a bill to au- At the request of Mr. SANDERS, the At the request of Mr. LEE, the name thorize and request the President to name of the Senator from Alaska (Mr. of the Senator from North Dakota (Mr. award the Medal of Honor post- BEGICH) was added as a cosponsor of S. HOEVEN) was added as a cosponsor of S. humously to First Lieutenant Alonzo 1562, a bill to reauthorize the Older 886, a bill to amend title 18, United H. Cushing for acts of valor during the Americans Act of 1965, and for other States Code, to protect pain-capable Civil War. purposes. unborn children in the District of Co- S. 1302 S. 1575 lumbia, and for other purposes. At the request of Mr. HARKIN, the At the request of Mr. BEGICH, the S. 1023 names of the Senator from North Da- name of the Senator from Alaska (Ms. At the request of Mr. CORKER, the kota (Ms. HEITKAMP) and the Senator MURKOWSKI) was added as a cosponsor name of the Senator from Virginia (Mr. from Maine (Ms. COLLINS) were added of S. 1575, a bill to correct inconsist- WARNER) was added as a cosponsor of S. as cosponsors of S. 1302, a bill to amend encies in the definitions relating to Na- 1023, a bill to direct the Secretary of the Employee Retirement Income Se- tive Americans in the Patient Protec- Commerce, in coordination with the curity Act of 1974 and the Internal Rev- tion and Affordable Care Act. heads of other relevant Federal depart- enue Code of 1986 to provide for cooper- S. 1581 ments and agencies, to conduct an ative and small employer charity pen- At the request of Mr. SANDERS, the interagency review of and report on sion plans. name of the Senator from Hawaii (Ms. ways to increase the competitiveness S. 1318 HIRONO) was added as a cosponsor of S. of the United States in attracting for- At the request of Mr. SCHUMER, the 1581, a bill to authorize the Secretary eign investment. name of the Senator from Maryland of Veterans Affairs to provide coun- S. 1118 (Mr. CARDIN) was added as a cosponsor seling and treatment for sexual trauma At the request of Mr. WYDEN, the of S. 1318, a bill to amend title XIX of to members of the Armed Forces, to re- names of the Senator from Minnesota the Social Security Act to cover physi- quire the Secretary to screen veterans (Mr. FRANKEN) and the Senator from cian services delivered by podiatric for domestic abuse, to require the Sec- Minnesota (Ms. KLOBUCHAR) were added physicians to ensure access by Med- retary to submit reports on military as cosponsors of S. 1118, a bill to amend icaid beneficiaries to appropriate qual- sexual trauma and domestic abuse, and part E of title IV of the Social Security ity foot and ankle care, to amend title for other purposes. Act to better enable State child wel- XVIII of such Act to modify the re- S. 1586 fare agencies to prevent sex trafficking quirements for diabetic shoes to be in- At the request of Mr. SANDERS, the of children and serve the needs of chil- cluded under Medicare, and for other name of the Senator from Alaska (Mr. dren who are victims of sex trafficking, purposes. BEGICH) was added as a cosponsor of S. and for other purposes. S. 1416 1586, a bill to amend title 38, United S. 1155 At the request of Mr. ROCKEFELLER, States Code, to improve dental health At the request of Mr. TESTER, the the name of the Senator from Pennsyl- care for veterans, and for other pur- name of the Senator from Connecticut vania (Mr. CASEY) was added as a co- poses. (Mr. BLUMENTHAL) was added as a co- sponsor of S. 1416, a bill to protect min- S. 1610 sponsor of S. 1155, a bill to provide for ers from pneumoconiosis (commonly At the request of Mr. MENENDEZ, the advance appropriations for certain in- known as black lung disease), and for names of the Senator from Mississippi formation technology accounts of the other purposes. (Mr. WICKER) and the Senator from Department of Veterans Affairs, to in- S. 1446 Minnesota (Ms. KLOBUCHAR) were added clude mental health professionals in At the request of Mr. ROCKEFELLER, as cosponsors of S. 1610, a bill to delay training programs of the Department, the name of the Senator from Indiana the implementation of certain provi- and for other purposes. (Mr. DONNELLY) was added as a cospon- sions of the Biggert-Waters Flood In- S. 1158 sor of S. 1446, a bill to amend the Inter- surance Reform Act of 2012, and for At the request of Mr. WARNER, the nal Revenue Code of 1986 to improve other purposes. name of the Senator from South Caro- the affordability of the health care tax S. 1614 lina (Mr. GRAHAM) was added as a co- credit, and for other purposes. At the request of Ms. KLOBUCHAR, the sponsor of S. 1158, a bill to require the S. 1456 name of the Senator from Arkansas Secretary of the Treasury to mint At the request of Ms. AYOTTE, the (Mr. BOOZMAN) was added as a cospon- coins commemorating the 100th anni- name of the Senator from Virginia (Mr. sor of S. 1614, a bill to require Certifi- versary of the establishment of the Na- KAINE) was added as a cosponsor of S. cates of Citizenship and other Federal

VerDate Mar 15 2010 01:27 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\A04NO6.008 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE November 4, 2013 CONGRESSIONAL RECORD — SENATE S7797 documents to reflect name and date of STATEMENTS ON INTRODUCED People who are among the poorest birth determinations made by a State BILLS AND JOINT RESOLUTIONS members of our country—133 percent of court and for other purposes. By Ms. LANDRIEU (for herself poverty, which is an income of about S. 1617 and Mr. MANCHIN): $15,000 or less—potentially may not be At the request of Mr. JOHNSON of Wis- S. 1642. A bill to permit the continu- able to find a good-paying full-time job consin, the names of the Senator from ation of certain health plans; to the or perhaps didn’t receive the education Tennessee (Mr. ALEXANDER), the Sen- Committee on Finance. others received, perhaps have some dis- ator from North Carolina (Mr. BURR), Ms. LANDRIEU. Mr. President, I ability, they would go on Medicaid. the Senator from Indiana (Mr. COATS), wish to speak about a bill I plan to in- Then everyone in between the lowest the Senator from Nevada (Mr. HELLER), troduce in a few moments, and hope- income and under the age of 65 is in a the Senator from Alaska (Ms. MUR- fully we will have a chance or an op- private health care system, which is a KOWSKI) and the Senator from Alabama portunity in the future to debate it be- market-based system, with competi- (Mr. SHELBY) were added as cosponsors cause it is a very important fix, if you tion driving prices down. of S. 1617, a bill to amend the Patient will, to the Affordable Care Act. The idea would be that there would Protection and Affordable Care Act to We debated this bill for literally be 20, 30, 40 health care plans offered in ensure that individuals can keep their years—months in committee for hours every State. People could choose what health insurance coverage. and hours, in daylight and during the they want with a minimum bronze, sil- S. 1622 evening sessions. There were hundreds ver, or gold plan with many choices. of amendments. This bill was built At the request of Ms. HEITKAMP, the That is the promise; that is the hope; names of the Senator from Alaska (Mr. with Democratic input and support and that is the idea. The great promise of Republican input. The Republicans did BEGICH), the Senator from South Da- this is that if someone has cancer, they not vote for the bill, but they most cer- kota (Mr. JOHNSON) and the Senator can’t be dropped. If they have diabetes, tainly had a tremendous amount of im- from Montana (Mr. TESTER) were added they can’t be turned away. Everyone is pact in the amendment process. as cosponsors of S. 1622, a bill to estab- covered, the risk is spread, the price Building a new health care system comes down, and the free market oper- lish the Alyce Spotted Bear and Walter for this Nation has been very difficult, Soboleff Commission on Native Chil- ates. We would never know that based but it holds a great deal of promise. upon the criticism we hear on tele- dren, and for other purposes. The Affordable Care Act—and the easi- S. 1630 vision and radio all day long, but this est way to explain it—was somewhere is the truth. At the request of Mr. BARRASSO, the between what some people on the left name of the Senator from Idaho (Mr. One of the important components of wanted, which was a government-run that bill that many of us talked about RISCH) was added as a cosponsor of S. system, something like Medicare for 1630, a bill to prohibit the conditioning was the fact that if someone had indi- all—it is appealing, but it is very ex- vidual insurance on the market, they of any permit, lease, or other use pensive. We couldn’t figure out a cost- agreement on the transfer, relinquish- could keep it. What is happening now, effective way to provide that. Members unfortunately, because of the grand- ment, or other impairment of any on the right, the more conservative- father provision in the Affordable Care water right to the United States by the leaning in this body, wanted to provide Act, in my view—this may not be Secretaries of the Interior and Agri- savings accounts. This works beau- shared by everyone on the floor—it was culture. tifully for people who have money to not written as tightly as it should have S. 1632 save in the account, but people who been, as clearly as it should have been. At the request of Mr. WICKER, the live paycheck to paycheck and have no The bill I am introducing today, Keep- name of the Senator from Idaho (Mr. money to save would never get any ac- ing the Affordable Care Act Promise RISCH) was added as a cosponsor of S. count to be able to provide for their Act, will clarify this grandfather 1632, a bill to protect 10th Amendment health insurance. clause in the Affordable Care Act so rights by providing special standing for Between those two bookends, we de- that it will clearly say that if a person State government officials to challenge bated for a long time about how to pro- has an insurance plan they like, if it is proposed regulations, and for other vide a market-based approach to insur- what they want and can afford, they purposes. ance. No nation in the world has at- tempted this. This is a big effort, but it can keep it. This bill, if it passes, will S. 1635 is an important effort because we are a help anywhere from 5 to 7 million peo- At the request of Mr. CASEY, the developed nation. We need to have a ple who are getting notices in the mail names of the Senator from West Vir- healthy workforce. It is about as sim- every day like the one I will read into ginia (Mr. ROCKEFELLER), the Senator ple as that. We can’t be No. 1 in the the RECORD, which was sent to someone from Vermont (Mr. LEAHY) and the world and we can’t be the strongest in my State. Senator from Rhode Island (Mr. REED) economic power in the world if our peo- Thank you for your support of Vantage were added as cosponsors of S. 1635, a ple are sick and weak. It is as simple as Health Plan, Inc. (″Vantage’’) over recent bill to amend the American Recovery that. We can’t be the strongest eco- years. It has been our pleasure to serve you and Reinvestment Act of 2009 to extend nomic power in the world if our health and we hope that you have been satisfied as the period during which supplemental a Vantage member. care system is sapping so much money In light of recent changes in the health in- nutrition assistance program benefits out of our economic power—19 percent are temporarily increased. surance industry, Vantage will be dis- of the GDP, when Japan is 8 percent. continuing our offering of Grandfathered In- S. RES. 269 We can’t expect to beat Japan in eco- dividual plans, effective January 4, 2014. This At the request of Mr. RUBIO, the nomics if we are paying almost twice discontinuance will affect your policy. names of the Senator from Texas (Mr. as much for health care and getting Vantage is pleased to announce the avail- CORNYN), the Senator from Illinois (Mr. less results. ability of several new individual products in KIRK), the Senator from Missouri (Mr. We had to change. We did, and we 2014: Beginning in January 2014, you will have BLUNT), the Senator from Louisiana built a market-based approach, con- the option to enroll into a new plan through (Mr. VITTER), the Senator from Kansas trary to what all of the opponents of the Health Insurance Marketplace (or the (Mr. ROBERTS), the Senator from Utah the Affordable Care Act say. We built a Exchange). Members enrolling into Indi- (Mr. HATCH), the Senator from Wyo- market-based approach that basically vidual plans through the Marketplace may ming (Mr. ENZI), the Senator from Iowa said that if people are over 65, they will be eligible for premium and/or cost sharing (Mr. GRASSLEY) and the Senator from be on Medicare. We are continuing to subsidies. Kentucky (Mr. MCCONNELL) were added reform and strengthen Medicare. There This is because everyone in Lou- as cosponsors of S. Res. 269, a resolu- are some very good parts of it, and isiana with a family income of up to tion expressing the sense of the Senate then there are some weaker parts or $90,000 a year will have some sort of on United States policy regarding pos- difficult parts that need to be cor- premium support, which will be a great session of enrichment and reprocessing rected. Over time we will continue to help to many of our middle-class fami- capabilities by the Islamic Republic of streamline, save money, provide better lies. Iran. service, more choice, et cetera. Continuing:

VerDate Mar 15 2010 01:27 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\A04NO6.009 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE S7798 CONGRESSIONAL RECORD — SENATE November 4, 2013 Many of the Marketplace plans will pro- and operating. There are some of us and women who serve our country in vide you with more generous coverage than who are sincere about supporting the the armed services receive the most ef- your current Grandfathered Individual plan. concepts of this bill, the promise of fective education and training opportu- We invite you to visit Vantage online at www.VantageHealthPlan.com/marketplace this bill, which is extraordinary and nities available. I am proud of the sup- to review our Exchange plan offerings. You historic. We recognize there are some port that organizations have provided may also enroll online at pieces of it that need to be fixed or in this effort. The Military Officers As- www.Healthcare.gov, by calling (800) 318–2596 tightened or tweaked to make sure it is sociation of America, MOAA, Students or by contacting your agent or broker. going to work in the future as we have Veterans Association, SVA, Iraq and In addition to the Exchange plan offerings, said. Afghanistan Veterans of America, Vantage will have several new plan offerings Again, that is simply what my bill IAVA, and Veterans of Foreign Wars, available outside of the Exchange for 2014. These plans are similar to your current Free- does. I am happy to introduce it. I have VFW, have provided invaluable insight dom or High Deductible plan. We will have one cosponsor, Senator MANCHIN of in crafting this more information on those plan options later West Virginia, but many others have I am committed to making sure that this Fall. expressed their interest in working our veterans receive the services and This is the letter thousands of people with me, and I look forward to bringing benefits they earned, and the support are receiving. This letter should have this before the committee for full de- they were promised and deserve. The never gone out. We said to people that bate and hopefully to the Senate floor United States is the strongest nation if they have insurance they like, they in some way in the near future for de- in the world and we owe veterans our can keep it. We didn’t say that if they bate and hopefully for passage. gratitude and our respect. This legisla- have insurance they like that doesn’t tion is just a small token of how Con- meet the standards or that meets the By Mr. CARDIN (for himself and gress can help veterans have all the minimum standards, they can keep it. Mr. INHOFE): tools they need, including education We said and the President said over S. 1643. A bill to amend title 38, and job training, to ensure an easier and over that if people have insurance United States Code, to provide for a transition to civilian life. By making and they like the insurance they have, two-year extension of the Veterans’ sure that post 9/11 veterans have a they can keep it. That is my bill. That Advisory Committee on Education; to voice at the VA this legislation encour- is the single focus of my bill. It is not the Committee on Veterans’ Affairs. ages more effective and efficient gov- to undermine the Affordable Care Act; Mr. CARDIN. Mr. President, today I ernment. it is to strengthen it and to keep our rise to introduce bipartisan legislation I urge my colleagues to support this promise to the millions of Americans to reauthorize the Veterans’ Advisory legislation. to whom we said if they have insur- Committee on Education, a panel that President, I ask unanimous consent ance, they can keep what they have. If provides much needed assistance to our that the text of the bill be printed in they don’t, there is a new marketplace Nation’s veterans by advising the Sec- the RECORD. where they and their families can go retary of Veterans Affairs on existing There being no objection, the text of and choose among a variety of different VA education benefit programs, new the bill was ordered to be printed in plans. education initiatives, and long-range the RECORD, as follows: Depending on their income, they may education planning and development. S. 1643 have support from their community or This legislation is entitled the Vet- Be it enacted by the Senate and House of from the government. If someone is ex- erans Advisory Committee on Edu- Representatives of the United States of America tremely poor, we can provide options cation Improvement Act, and I wish to in Congress assembled, for them through Medicaid. It is not as thank my colleague, Senator INHOFE, SECTION 1. SHORT TITLE. desirable as through private insurance, for joining me in this effort. This Act may be cited as the ‘‘Veterans’ I am proud to introduce this com- Advisory Committee on Education Improve- but many Governors, including some ment Act of 2013’’. Republican Governors, are being very panion bill to House-passed legislation which was introduced by Representa- SEC. 2. TWO-YEAR EXTENSION OF VETERANS’ AD- creative with their Medicaid plans and VISORY COMMITTEE ON EDUCATION. actually changing them into more of a tives JOHN DELANEY and JIM RENACCI Section 3692 of title 38, United States Code, private-like insurance model. There is and 12 other Members. This bill will re- is amended— great flexibility in how Governors who authorize the Veterans’ Advisory Com- (1) in subsection (a)— have good hearts and good intentions mittee on Education through December (A) by inserting ‘‘31,’’ after ‘‘30,’’; and are using their Medicaid dollars wisely. 31, 2015, and it expands the make-up of (B) by striking ‘‘and the Persian Gulf War’’ and inserting ‘‘the Persian Gulf War, and the Having said that, having reread the the Committee to include post 9/11 vet- erans. Absent Congressional action, the post-9/11 operations in Iraq and Afghani- grandfather clause, having looked at it stan’’; very closely, I have determined that Advisory Committee’s authority will (2) in subsection (b), by inserting ‘‘31,’’ this is the best course to introduce this sunset on December 31, 2013. In addi- after ‘‘30,’’; and bill, which I will do later this evening tion to preserving its traditional role, (3) in subsection (c), by striking ‘‘Decem- to actually file it. Again, it has two our bill will require the Advisory Com- ber 31, 2013’’ and inserting ‘‘December 31, simple directives: mittee to expand its reach to include 2015’’. No. 1, all insurance companies shall veterans who served after September f 11, 2001. Currently, the Committee only continue to offer grandfather plans SUBMITTED RESOLUTIONS that were in effect prior to a certain provides assistance for veterans who date. served through the Persian Gulf War. No. 2, every insurance company that The Committee is particularly inter- SENATE RESOLUTION 285—AU- provided those grandfather plans has to ested in ensuring that educational op- THORIZING THE COMMITTEE ON explain to those policyholders how portunities are available to eligible RULES AND ADMINISTRATION TO their current plan falls short of the veterans and enabling them to readjust PREPARE A REVISED EDITION new standard on the market and what to civilian life and become members of OF THE STANDING RULES OF might be available to them that is bet- a highly educated and productive work THE SENATE AS A SENATE DOC- ter, but they are not forced to buy it. force. The Committee focuses on im- UMENT So I hope we can debate this. Unlike proving the benefits provided by the GI Mr. SCHUMER submitted the fol- many on the other side who want to Bill. lowing resolution; which was consid- tear the act down and repeal it, to I believe that a true marker of our ered and agreed to.: defund it—they even took the whole Nation’s worth is our willingness to Federal Government hostage and the serve those who have served us. As we S. RES. 285 whole economy of the United States continue to wind down our commit- Resolved, SECTION 1. PRINTING THE STANDING RULES OF hostage because of it—or that is what ments in Iraq and Afghanistan after a THE SENATE. they tried to do. They failed, thank decade of war, we need to gear up our (a) AUTHORIZATIONS.—The Committee on goodness, and the hostages have been commitment to our veterans. This leg- Rules and Administration shall prepare a re- released. The government is back up islation will ensure that the brave men vised edition of the Standing Rules of the

VerDate Mar 15 2010 01:27 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G04NO6.025 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE November 4, 2013 CONGRESSIONAL RECORD — SENATE S7799 Senate and such standing rules shall be SA 2011. Mr. McCONNELL (for him- A bill (S. 42) to provide anti-retaliation printed as a Senate document. self and Mr. PAUL) submitted an protections for antitrust whistleblowers. (b) ADDITIONAL COPIES.—In addition to the amendment intended to be proposed by There being no objection, the Senate usual number, 1,750 additional copies shall be him to the bill S. 815, to prohibit the proceeded to consider the bill, which printed for use by the Committee on Rules and Administration. employment discrimination on the had been reported from the Committee basis of sexual orientation or gender on the Judiciary, with an amendment f identity; which was ordered to lie on to strike all after the enacting clause AMENDMENTS SUBMITTED AND the table; as follows: and insert in lieu thereof the following: PROPOSED At the end, add the following: SECTION 1. SHORT TITLE. SEC. 18. NATIONAL RIGHT TO WORK. This Act may be cited as the ‘‘Criminal Anti- SA 2010. Mr. SANDERS submitted an trust Anti-Retaliation Act of 2013’’. amendment intended to be proposed by him (a) AMENDMENTS TO THE NATIONAL LABOR to the bill S. 287, to amend title 38, United RELATIONS ACT.— SEC. 2. AMENDMENT TO ACPERA. States Code, to expand the definition of (1) RIGHTS OF EMPLOYEES.—Section 7 of the The Antitrust Criminal Penalty Enhancement homeless veteran for purposes of benefits National Labor Relations Act (29 U.S.C. 157) and Reform Act of 2004 (Public Law 108–237; 15 under the laws administered by the Sec- is amended by striking ‘‘except to’’ and all U.S.C. 1 note) is amended by adding after sec- retary of Veterans Affairs, and for other pur- that follows through ‘‘authorized in section tion 215 the following: poses; which was ordered to lie on the table. 8(a)(3)’’. ‘‘SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS. SA 2011. Mr. MCCONNELL (for himself and (2) UNFAIR LABOR PRACTICES.—Section 8 of Mr. PAUL) submitted an amendment in- the National Labor Relations Act (29 U.S.C. ‘‘(a) WHISTLEBLOWER PROTECTIONS FOR EM- tended to be proposed by him to the bill S. 158) is amended— PLOYEES, CONTRACTORS, SUBCONTRACTORS, AND 815, to prohibit the employment discrimina- (A) in subsection (a)(3), by striking ‘‘: Pro- AGENTS.— tion on the basis of sexual orientation or vided, That’’ and all that follows through ‘‘(1) IN GENERAL.—No employer may dis- gender identity; which was ordered to lie on ‘‘retaining membership’’; charge, demote, suspend, threaten, harass, or in the table. (B) in subsection (b)— any other manner discriminate against a cov- (i) in paragraph (2), by striking ‘‘or to dis- ered individual in the terms and conditions of f criminate’’ and all that follows through ‘‘re- employment of the covered individual because— TEXT OF AMENDMENTS taining membership’’; and ‘‘(A) the covered individual provided or (ii) in paragraph (5), by striking ‘‘covered caused to be provided to the employer or the SA 2010. Mr. SANDERS submitted an by an agreement authorized under sub- Federal Government information relating to— amendment intended to be proposed by section (a)(3) of this section’’; and ‘‘(i) any violation of, or any act or omission him to the bill S. 287, to amend title 38, (C) in subsection (f), by striking clause (2) the covered individual reasonably believes to be United States Code, to expand the defi- and redesignating clauses (3) and (4) as a violation of the antitrust laws; or nition of homeless veteran for purposes clauses (2) and (3), respectively. ‘‘(ii) any violation of, or any act or omission the covered individual reasonably believes to be of benefits under the laws administered (b) AMENDMENT TO THE RAILWAY LABOR ACT.—Section 2 of the Railway Labor Act (45 a violation of another criminal law committed in by the Secretary of Veterans Affairs, U.S.C. 152) is amended by striking paragraph conjunction with a potential violation of the and for other purposes; which was or- Eleven. antitrust laws or in conjunction with an inves- dered to lie on the table; as follows: (c) APPLICATION OF SEVERABILITY CLAUSE.— tigation by the Department of Justice of a po- On page 11, strike line 25 and insert the fol- For purposes of section 16, any reference in tential violation of the antitrust laws; or lowing: homelessness pursuant to such part- such section to a provision of this Act in- ‘‘(B) the covered individual filed, caused to be nerships. cludes an amendment made by subsection (a) filed, testified, participated in, or otherwise as- ‘‘(f) SUNSET.—The authority of the Sec- or (b). sisted an investigation or a proceeding filed or retary to enter into partnerships under this (d) EFFECTIVE DATE.—This section, and the about to be filed (with any knowledge of the em- section as described in subsection (a) shall amendments made by this section, shall take ployer) relating to— expire on December 31, 2016.’’. effect on the date of enactment of this Act. ‘‘(i) any violation of, or any act or omission the covered individual reasonably believes to be On page 13, strike lines 3 through 18 and in- f sert the following: a violation of the antitrust laws; or ‘‘(ii) any violation of, or any act or omission SEC. 10. EXTENSION OF AUTHORITY FOR PRO- PRIVILEGES OF THE FLOOR the covered individual reasonably believes to be GRAM OF REFERRAL AND COUN- Mr. HARKIN. Mr. President, I ask SELING SERVICES FOR VETERANS a violation of another criminal law committed in AT RISK OF HOMELESSNESS WHO unanimous consent that Sergio Plaza conjunction with a potential violation of the ARE TRANSITIONING FROM CERTAIN and Warren Erickson of my staff be antitrust laws or in conjunction with an inves- INSTITUTIONS. granted floor privileges for the dura- tigation by the Department of Justice of a po- Section 2023 of title 38, United States Code, tion of today’s session and that tential violation of the antitrust laws. is amended— Katrina Rogachevsky be granted floor ‘‘(2) LIMITATION ON PROTECTIONS.—Paragraph (1) by striking subsection (b); privileges for the duration of this (1) shall not apply to any covered individual (2) in subsection (c)(1), by striking ‘‘To the if— extent practicable, the program’’ and insert- week. ‘‘(A) the covered individual planned and initi- ing ‘‘The program’’; The PRESIDING OFFICER. Without ated a violation or attempted violation of the (3) in subsection (d), by striking ‘‘Sep- objection, it is so ordered. antitrust laws; tember 30, 2014’’ and inserting ‘‘September f ‘‘(B) the covered individual planned and initi- 30, 2017’’; ated a violation or attempted violation of an- (4) in subsection (e)(2), by striking ‘‘pro- APPOINTMENT OF CONFEREES— other criminal law in conjunction with a viola- vided under the demonstration program’’; H.R. 3080 tion or attempted violation of the antitrust laws; and or (5) by redesignating subsections (c), (d), Mr. BENNET. Mr. President, I under- ‘‘(C) the covered individual planned and initi- and (e) as subsections (b), (c), and (d), respec- stand the Chair is ready to announce ated an obstruction or attempted obstruction of tively. the conferees for H.R. 3080, the water an investigation by the Department of Justice of On page 14, strike lines 2 through 14 and in- resources bill. a violation of the antitrust laws. sert the following: The Presiding Officer appointed Mrs. ‘‘(3) DEFINITIONS.—In this section: (a) TREATMENT AND REHABILITATION FOR BOXER, Mr. BAUCUS, Mr. CARPER, Mr. ‘‘(A) ANTITRUST LAWS.—The term ‘antitrust SERIOUSLY MENTALLY ILL AND HOMELESS CARDIN, Mr. WHITEHOUSE, Mr. VITTER, laws’ means section 1 or 3 of the Sherman Act VETERANS.—Section 2031(b) of title 38, United (15 U.S.C. 1, 3). Mr. INHOFE, and Mr. BARRASSO con- States Code, is amended by striking ‘‘Decem- ‘‘(B) COVERED INDIVIDUAL.—The term ‘covered ber 31, ferees on the part of the Senate. individual’ means an employee, contractor, sub- Beginning on page 14, strike line 24 and all f contractor, or agent of an employer. that follows through page 15, line 7, and in- ‘‘(C) EMPLOYER.—The term ‘employer’ means sert the following: CRIMINAL ANTITRUST ANTI- a person, or any officer, employee, contractor, (f) TRAINING ENTITIES FOR PROVISION OF RETALIATION ACT OF 2013 subcontractor, or agent of such person. SUPPORTIVE SERVICES FOR VERY LOW-INCOME Mr. BENNET. Mr. President, I ask ‘‘(D) PERSON.—The term ‘person’ has the same VETERAN FAMILIES IN PERMANENT HOUSING.— unanimous consent the Senate proceed meaning as in subsection (a) of the first section Section 2044(e)(3) of such title is amended by of the Clayton Act (15 U.S.C. 12(a)). striking ‘‘2012’’ and inserting ‘‘2014’’. to Calendar No. 233, S. 42. ‘‘(4) RULE OF CONSTRUCTION.—The term ‘vio- On page 15, strike lines 8 through 12. The PRESIDING OFFICER. The lation’, with respect to the antitrust laws, shall On page 16, line 7, strike ‘‘March 31, 2018’’ clerk will report the bill by title. not be construed to include a civil violation of and insert ‘‘August 31, 2017’’. The legislative clerk read as follows: any law that is not also a criminal violation.

VerDate Mar 15 2010 01:27 Nov 05, 2013 Jkt 039060 PO 00000 Frm 00019 Fmt 0637 Sfmt 6333 E:\CR\FM\A04NO6.014 S04NOPT1 jbell on DSK7SPTVN1PROD with SENATE S7800 CONGRESSIONAL RECORD — SENATE November 4, 2013 ‘‘(b) ENFORCEMENT ACTION.— ing, was read the third time, and MEASURE READ THE FIRST ‘‘(1) IN GENERAL.—A covered individual who passed. TIME—H.R. 3204 alleges discharge or other discrimination by any employer in violation of subsection (a) may seek Mr. BENNET. Mr. President, I under- f relief under subsection (c) by— stand that H.R. 3204 has been received ‘‘(A) filing a complaint with the Secretary of from the House and is at the desk. Labor; or RECOGNIZING THE FESTIVAL OF The PRESIDING OFFICER. The ‘‘(B) if the Secretary has not issued a final de- DIWALI clerk will read the bill by title for the cision within 180 days of the filing of the com- plaint and there is no showing that such delay Mr. BENNET. Mr. President, I ask first time. is due to the bad faith of the claimant, bringing unanimous consent the Judiciary Com- The legislative clerk read as follows: an action at law or equity for de novo review in mittee be discharged from further con- A bill (H.R. 3204) to amend the Fed- the appropriate district court of the United sideration of S. Res. 277, and the Sen- eral Food, Drug and Cosmetic Act with States, which shall have jurisdiction over such ate proceed to its immediate consider- respect to human drug compounding an action without regard to the amount in con- ation. and drug supply chain security, and for troversy. The PRESIDING OFFICER. Without other purposes. ‘‘(2) PROCEDURE.— objection, it is so ordered. ‘‘(A) IN GENERAL.—A complaint filed with the Mr. BENNET. I ask for its second Secretary of Labor under paragraph (1)(A) shall The clerk will report the resolution reading and object to my own request. be governed under the rules and procedures set by title. The PRESIDING OFFICER. Objec- forth in section 42121(b) of title 49, United States The legislative clerk read as follows: tion having been heard, the bill will re- Code. A resolution (S. Res. 277) recognizing the ceive its second reading on the next ‘‘(B) EXCEPTION.—Notification made under religious and historical significance of the legislative day. section 42121(b)(1) of title 49, United States festival of Diwali. Code, shall be made to any individual named in f the complaint and to the employer. There being no objection, the Senate ‘‘(C) BURDENS OF PROOF.—A complaint filed proceeded to consider the resolution. ORDERS FOR TUESDAY, with the Secretary of Labor under paragraph Mr. BENNET. I ask unanimous con- NOVEMBER 5, 2013 (1)(A) shall be governed by the legal burdens of sent that the resolution be agreed to, Mr. BENNET. Mr. President, I ask proof set forth in section 42121(b) of title 49, the preamble be agreed to, and the mo- unanimous consent that when the Sen- United States Code. tions to reconsider be considered made ‘‘(D) STATUTE OF LIMITATIONS.—A complaint ate completes its business today, it ad- and laid upon the table, with no inter- under paragraph (1)(A) shall be filed with the journ until 10 a.m. on Tuesday, Novem- vening action or debate. Secretary of Labor not later than 180 days after ber 5, 2013; that following the prayer The PRESIDING OFFICER. Without the date on which the violation occurs. and pledge, the morning hour be ‘‘(E) CIVIL ACTIONS TO ENFORCE.—If a person objection, it is so ordered. deemed expired, the Journal of pro- fails to comply with an order or preliminary The resolution (S. Res. 277) was ceedings be approved to date, and the order issued by the Secretary of Labor pursuant agreed to. time for the two leaders be reserved for to the procedures in section 42121(b), the Sec- The preamble was agreed to. their use later in the day; that fol- retary of Labor or the person on whose behalf (The resolution, with its preamble, is the order was issued may bring a civil action to lowing any leader remarks the Senate printed in the RECORD of October 30, enforce the order in the district court of the resume consideration of the motion to 2013, under ‘‘Submitted Resolutions.’’) United States for the judicial district in which proceed to S. 815, the Employee Non- the violation occurred. Discrimination Act postcloture, and ‘‘(c) REMEDIES.— f ‘‘(1) IN GENERAL.—A covered individual pre- that the Senate recess from 12:30 p.m. vailing in any action under subsection (b)(1) AUTHORIZING REVISED EDITION until 2:15 p.m. to allow for the weekly shall be entitled to all relief necessary to make OF THE STANDING RULES caucus meetings; and finally, that all the covered individual whole. time during adjournment, recess, and ‘‘(2) COMPENSATORY DAMAGES.—Relief for any Mr. BENNET. Mr. President, I ask morning business count postcloture on action under paragraph (1) shall include— unanimous consent the Senate proceed the motion to proceed to S. 815. ‘‘(A) reinstatement with the same seniority to the consideration of S. Res. 285, The PRESIDING OFFICER. Without status that the covered individual would have which was submitted earlier today. had, but for the discrimination; objection, it is so ordered. ‘‘(B) the amount of back pay, with interest; The PRESIDING OFFICER. The and clerk will report the resolution by f ‘‘(C) compensation for any special damages title. ADJOURNMENT UNTIL 10 A.M. sustained as a result of the discrimination in- The legislative clerk read as follows: TOMORROW cluding litigation costs, expert witness fees, and A resolution (S. Res. 285) authorizing reasonable attorney’s fees. the Committee on Rules and Adminis- Mr. BENNET. Mr. President, if there ‘‘(d) RIGHTS RETAINED BY WHISTLEBLOWERS.— is no further business to come before Nothing in this section shall be deemed to dimin- tration to prepare a revised edition of ish the rights, privileges, or remedies of any cov- the Standing Rules of the Senate as a the Senate, I ask unanimous consent it ered individual under any Federal or State law, Senate document. adjourn under the previous order. or under any collective bargaining agreement.’’. There being no objection, the Senate There being no objection, the Senate, Mr. BENNET. I ask unanimous con- proceeded to consider the resolution. at 7:12 p.m., adjourned until Tuesday, sent the committee-reported amend- Mr. BENNET. Mr. President, I ask November 5, 2013, at 10 a.m. ment be agreed to, the bill, as amend- unanimous consent the resolution be f ed, be read a third time and passed, and agreed to and the motion to reconsider the motions to reconsider be laid upon be laid upon the table with no inter- CONFIRMATIONS the table, with no intervening action vening action or debate. Executive nominations confirmed by or debate. The PRESIDING OFFICER. Without the Senate November 4, 2013: The PRESIDING OFFICER. Without objection, it is so ordered. THE JUDICIARY objection, it is so ordered. The resolution (S. Res. 285) was agreed to. GREGORY HOWARD WOODS, OF NEW YORK, TO BE The committee amendment in the UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN nature of a substitute was agreed to. (The resolution is printed in today’s DISTRICT OF NEW YORK. The bill (S. 42), as amended, was or- RECORD under ‘‘Submitted Resolu- DEBRA M. BROWN, OF MISSISSIPPI, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT dered to be engrossed for a third read- tions.’’) OF MISSISSIPPI.

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SENATE COMMITTEE MEETINGS Policy and Planning, and Constance B. ments to provide affordable options for Tobias, of Maryland, to be Chairman of housing. Title IV of Senate Resolution 4, the Board of Veterans’ Appeals, all of SD–538 agreed to by the Senate of February 4, the Department of Veterans Affairs. Committee on Commerce, Science, and 1977, calls for establishment of a sys- SR–418 Transportation tem for a computerized schedule of all 10:30 a.m. Subcommittee on Consumer Protection, meetings and hearings of Senate com- Committee on Foreign Relations Product Safety, and Insurance mittees, subcommittees, joint commit- To hold hearings to examine the nomina- To hold hearings to examine patent as- tees, and committees of conference. tions of Carolyn Hessler Radelet, of sertion entities, focusing on demand This title requires all such committees Virginia, to be Director of the Peace letters and consumer protection. to notify the Office of the Senate Daily Corps, and Michael G. Carroll, of New SR–253 Digest—designated by the Rules Com- York, to be Inspector General, United Committee on Homeland Security and States Agency for International Devel- mittee—of the time, place and purpose Governmental Affairs opment. To hold hearings to examine Social Secu- of the meetings, when scheduled and SD–419 any cancellations or changes in the rity disability benefits, focusing on if 2:15 p.m. judges, doctors, and lawyers abused meetings as they occur. Special Committee on Aging As an additional procedure along programs, part II. To hold hearings to examine transpor- SD–342 tation, focusing on independence for with the computerization of this infor- 11 a.m. seniors. mation, the Office of the Senate Daily Committee on Foreign Relations SD–562 Digest will prepare this information for To hold hearings to examine the nomina- 2:30 p.m. printing in the Extensions of Remarks tions of Heather Anne Higginbottom, Committee on Commerce, Science, and section of the CONGRESSIONAL RECORD of the District of Columbia, to be Dep- Transportation on Monday and Wednesday of each uty Secretary for Management and Re- To hold hearings to examine the ‘‘Amer- week. ica Creating Opportunities to Meaning- sources, Sarah Sewall, of Massachu- Meetings scheduled for Tuesday, No- fully Promote Excellence in Tech- setts, to be Under Secretary for Civil- vember 5, 2013 may be found in the nology, Education, and Science Act’’ ian Security, Democracy, and Human Daily Digest of today’s RECORD. (America COMPETES), focusing on Rights, and Richard Stengel, of New science and the United States econ- York, to be Under Secretary for Public MEETINGS SCHEDULED omy. Diplomacy, all of the Department of SR–253 State. NOVEMBER 6 Committee on Homeland Security and SD–419 10 a.m. Governmental Affairs 1:30 p.m. Committee on Finance Subcommittee on Emergency Manage- Committee on the Judiciary To hold hearings to examine health in- ment, Intergovernmental Relations, Subcommittee on Oversight, Federal surance exchanges, focusing on an up- and the District of Columbia Rights and Agency Action date from the Administration. To hold hearings to examine the ongoing To hold hearings to examine rules de- SD–215 recovery from Hurricane Sandy one layed on auto safety and mental Committee on Homeland Security and year later. health. Governmental Affairs SD–342 SD–226 Business meeting to consider S. 994, to Committee on the Judiciary 2:30 p.m. expand the Federal Funding Account- To hold hearings to examine the nomina- Select Committee on Intelligence ability and Transparency Act of 2006 to tions of Michelle T. Friedland, of Cali- To hold closed hearings to examine cer- increase accountability and trans- fornia, to be United States Circuit tain intelligence matters. parency in Federal spending, S. 1611, to Judge for the Ninth Circuit, Chris- SH–219 require certain agencies to conduct as- topher Reid Cooper, to be United sessments of data centers and develop States District Judge for the District NOVEMBER 13 data center consolidation and optimi- of Columbia, Gerald Austin McHugh, 10 a.m. zation plans, S. 1499, to designate the Jr., and Edward G. Smith, both to be a Committee on the Judiciary facility of the United States Postal United States District Judge for the Service located at 278 Main Street in Eastern District of Pennsylvania, and Subcommittee on Privacy, Technology and Chadron, Nebraska, as the ‘‘Sergeant M. Douglas Harpool, to be United the Law Cory Mracek Memorial Post Office’’, S. States District Judge for the Western To hold hearings to examine ‘‘The Sur- 1512, to designate the facility of the District of Missouri. veillance Transparency Act of 2013’’. United States Postal Service located at SD–226 SD–226 1335 Jefferson Road in Rochester, New 2:30 p.m. York, as the ‘‘Specialist Theodore Mat- NOVEMBER 7 Joint Economic Committee thew Glende Post Office’’, and the 9:30 a.m. To hold hearings to examine the current nominations of William Ward Nooter, economic outlook. to be an Associate Judge of the Supe- Committee on Armed Services SH–216 rior Court of the District of Columbia, To hold hearings to examine the impact and Tony Hammond, of Missouri, and of sequestration on the national de- NOVEMBER 14 Nanci E. Langley, of Hawaii, both to be fense; with the possibility of a closed a Commissioner of the Postal Regu- session in SVC–217, following the open 9:30 a.m. latory Commission. session. Committee on Energy and Natural Re- SD–342 SD–G50 sources Committee on the Judiciary Committee on Energy and Natural Re- To hold hearings to examine the nomina- To hold an oversight hearing to examine sources tions of Steven Croley, of Michigan, to the Bureau of Prisons and cost-effec- To hold an oversight hearing to examine be General Counsel, and Christopher tive strategies for reducing recidivism. the Draft Regional Recommendation Smith, of Texas, to be Assistant Sec- SD–226 regarding the Columbia River Treaty. retary for Fossil Energy, both of the Committee on Veterans’ Affairs SD–366 Department of Energy, and Esther To hold hearings to examine the nomina- 10 a.m. Puakela Kia‘aina, of Hawaii, to be As- tions of Sloan D. Gibson, of the Dis- Committee on Banking, Housing, and sistant Secretary of the Interior for In- trict of Columbia, to be Deputy Sec- Urban Affairs sular Areas. To hold hearings to examine housing fi- retary, Linda A. Schwartz, of Con- SD–366 necticut, to be Assistant Secretary for nance reform, focusing on essential ele-

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate all time during adjournment, recess, and morning Chamber Action business count post-cloture on the motion to proceed Routine Proceedings, pages S7781–S7800 to consideration of the bill. Page S7800 Measures Introduced: Five bills and one resolution Water Resources Reform and Development were introduced, as follows: S. 1639–1643, and S. Act—Conferees: The Chair announced the fol- Res. 285. Page S7795 lowing conferees for H.R. 3080, to provide for im- Measures Passed: provements to the rivers and harbors of the United Criminal Antitrust Anti-Retaliation Act: Senate States, to provide for the conservation and develop- passed S. 42, to provide anti-retaliation protections ment of water and related resources: Senators Boxer, for antitrust whistleblowers, after agreeing to the Baucus, Carper, Cardin, Whitehouse, Vitter, Inhofe, committee amendment in the nature of a substitute. and Barrasso. Page S7799 Pages S7799–S7800 Nominations Confirmed: Senate confirmed the fol- Festival of Diwali: Committee on the Judiciary lowing nominations: was discharged from further consideration of S. Res. Gregory Howard Woods, of New York, to be 277, recognizing the religious and historical signifi- United States District Judge for the Southern Dis- cance of the festival of Diwali, and the resolution trict of New York. Pages S7790–93, S7800 was then agreed to. Page S7800 By a unanimous vote of 90 yeas (Vote No. EX. 228), Debra M. Brown, of Mississippi, to be United Revised Edition of the Standing Rules of the States District Judge for the Northern District of Senate: Senate agreed to S. Res. 285, authorizing Mississippi. Pages S7790–93, S7800 the Committee on Rules and Administration to pre- pare a revised edition of the Standing Rules of the Measures Read the First Time: Page S7795 Senate as a Senate document. Page S7800 Additional Cosponsors: Pages S7795–97 Measures Considered: Statements on Introduced Bills/Resolutions: Employment Non-Discrimination Act—Agree- Pages S7797–99 ment: Senate resumed consideration of the motion to Additional Statements: Pages S7794–95 proceed to consideration of S. 815, to prohibit the Amendments Submitted: Page S7799 employment discrimination on the basis of sexual orientation or gender identity. Privileges of the Floor: Page S7799 Pages S7783–85, S7793–94 Record Votes: Two record votes were taken today. During consideration of this measure today, Senate (Total—229) Pages S7793, S7794 also took the following action: Adjournment: Senate convened at 2 p.m. and ad- By 61 yeas to 30 nays (Vote No. 229), three-fifths journed at 7:12 p.m., until 10 a.m. on Tuesday, No- of those Senators duly chosen and sworn, having vember 5, 2013. (For Senate’s program, see the re- voted in the affirmative, Senate agreed to the motion marks of the Acting Majority Leader in today’s to close further debate on the motion to proceed to Record on page S7800.) consideration of the bill. Page S7794 A unanimous-consent agreement was reached pro- Committee Meetings viding for further consideration of the motion to proceed to consideration of the bill at approximately (Committees not listed did not meet) 10 a.m., on Tuesday, November 5, 2013, and that No committee meetings were held.

D1046

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Committee on Energy and Natural Resources: November 7, sioner of the Postal Regulatory Commission, 10 a.m., to hold an oversight hearing to examine the Draft Re- SD–342. gional Recommendation regarding the Columbia River November 6, Subcommittee on Emergency Manage- Treaty, 9:30 a.m., SD–366. ment, Intergovernmental Relations, and the District of Committee on Environment and Public Works: November 5, Columbia, to hold hearings to examine the ongoing re- Subcommittee on Oversight, to hold hearings to examine covery from Hurricane Sandy one year later, 2:30 p.m., methane emissions from oil and gas operations, 2:30 SD–342. p.m., SD–406. November 7, Full Committee, to hold hearings to ex- Committee on Finance: November 6, to hold hearings to amine Social Security disability benefits, focusing on if examine health insurance exchanges, focusing on an up- judges, doctors, and lawyers abused programs, part II, 10 date from the Administration, 10 a.m., SD–215. a.m., SD–342. Committee on Foreign Relations: November 5, to hold Committee on the Judiciary: November 5, Subcommittee hearings to examine the Convention on the Rights of Per- on Bankruptcy and the Courts, to hold hearings to exam- sons with Disabilities, 2:30 p.m., SD–419. ine if limiting the scope of civil discovery will diminish November 6, Full Committee, to hold hearings to ex- accountability and leave Americans without access to jus- amine the nominations of Carolyn Hessler Radelet, of tice, 10 a.m., SD–226. Virginia, to be Director of the Peace Corps, and Michael November 6, Full Committee, to hold an oversight G. Carroll, of New York, to be Inspector General, United hearing to examine the Bureau of Prisons and cost-effec- States Agency for International Development, 10:30 a.m., tive strategies for reducing recidivism, 10 a.m., SD–226. SD–419. November 6, Full Committee, to hold hearings to ex- November 7, Full Committee, to hold hearings to ex- amine the nominations of Michelle T. Friedland, of Cali- fornia, to be United States Circuit Judge for the Ninth amine the nominations of Heather Anne Higginbottom, Circuit, Christopher Reid Cooper, to be United States of the District of Columbia, to be Deputy Secretary for District Judge for the District of Columbia, Gerald Aus- Management and Resources, Sarah Sewall, of Massachu- tin McHugh, Jr., and Edward G. Smith, both to be a setts, to be Under Secretary for Civilian Security, Democ- United States District Judge for the Eastern District of racy, and Human Rights, and Richard Stengel, of New Pennsylvania, and M. Douglas Harpool, to be United York, to be Under Secretary for Public Diplomacy, all of States District Judge for the Western District of Mis- the Department of State, 11 a.m., SD–419. souri, 2:30 p.m., SD–226. Committee on Health, Education, Labor, and Pensions: No- November 7, Subcommittee on Oversight, Federal vember 5, to hold hearings to examine the online Federal Rights and Agency Action, to hold hearings to examine health insurance marketplace, focusing on enrollment rules delayed on auto safety and mental health, 1:30 challenges and the path forward, 10 a.m., SD–106. p.m., SD–226. Committee on Homeland Security and Governmental Affairs: Committee on Veterans’ Affairs: November 6, to hold November 6, business meeting to consider S. 994, to ex- hearings to examine the nominations of Sloan D. Gibson, pand the Federal Funding Accountability and Trans- of the District of Columbia, to be Deputy Secretary, parency Act of 2006 to increase accountability and trans- Linda A. Schwartz, of Connecticut, to be Assistant Sec- parency in Federal spending, S. 1611, to require certain retary for Policy and Planning, and Constance B. Tobias, agencies to conduct assessments of data centers and de- of Maryland, to be Chairman of the Board of Veterans’ velop data center consolidation and optimization plans, S. Appeals, all of the Department of Veterans Affairs, 10 1499, to designate the facility of the United States Postal a.m., SR–418. Service located at 278 Main Street in Chadron, Nebraska, Select Committee on Intelligence: November 5, to hold as the ‘‘Sergeant Cory Mracek Memorial Post Office’’, S. closed hearings to examine certain intelligence matters, 1512, to designate the facility of the United States Postal 2:30 p.m., SH–219. Service located at 1335 Jefferson Road in Rochester, New November 7, Full Committee, to hold closed hearings York, as the ‘‘Specialist Theodore Matthew Glende Post to examine certain intelligence matters, 2:30 p.m., Office’’, and the nominations of William Ward Nooter, SH–219. to be an Associate Judge of the Superior Court of the Special Committee on Aging: November 6, to hold hear- District of Columbia, and Tony Hammond, of Missouri, ings to examine transportation, focusing on independence and Nanci E. Langley, of Hawaii, both to be a Commis- for seniors, 2:15 p.m., SD–562.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED THIRTEENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through October 31, 2013 January 3 through October 31, 2013

Senate House Total Civilian nominations, totaling 433, disposed of as follows: Days in session ...... 131 138 . . Confirmed ...... 205 Time in session ...... 912 hrs., 19′ 669 hrs., 44′ .. Unconfirmed ...... 221 Congressional Record: Withdrawn ...... 7 Pages of proceedings ...... 7,779 6,958 . . Extensions of Remarks ...... 1,620 . . Public bills enacted into law ...... 11 36 47 Other Civilian nominations, totaling 1,288, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 16 Bills in conference ...... 2 2 . . Unconfirmed ...... 1,272 Measures passed, total ...... 289 308 597 Senate bills ...... 45 11 . . Air Force nominations, totaling 5,458, disposed of as follows: House bills ...... 40 169 . . Senate joint resolutions ...... Confirmed ...... 5,220 House joint resolutions ...... 2 16 . . Unconfirmed ...... 238 Senate concurrent resolutions ...... 13 12 . . House concurrent resolutions ...... 13 14 . . Army nominations, totaling 6,676, disposed of as follows: Simple resolutions ...... 176 86 . . Measures reported, total ...... *186 *249 435 Confirmed ...... 6,193 Senate bills ...... 120 4 . . Unconfirmed ...... 483 House bills ...... 9 189 . . Senate joint resolutions ...... 2 . . . . Navy nominations, totaling 3,836, disposed of as follows: House joint resolutions ...... Confirmed ...... 3,828 Senate concurrent resolutions ...... 1 . . . . Unconfirmed ...... 7 House concurrent resolutions ...... 4 . . Withdrawn ...... 1 Simple resolutions ...... 54 52 . . Special reports ...... 13 7 . . Conference reports ...... Marine Corps nominations, totaling 762, disposed of as follows: Measures pending on calendar ...... 164 71 . . Confirmed ...... 761 Measures introduced, total ...... 1,973 4,010 5,983 Unconfirmed ...... 1 Bills ...... 1,638 3,445 .. Joint resolutions ...... 27 101 . . Concurrent resolutions ...... 24 63 . . Summary Simple resolutions ...... 284 401 . . Total nominations carried over from the First Session ...... 0 Quorum calls ...... 4 1 . . Total nominations received this Session ...... 18,453 Yea-and-nay votes ...... 227 267 . . Total confirmed ...... 16,223 Recorded votes ...... 302 . . Total unconfirmed ...... 2,222 Bills vetoed ...... Total withdrawn ...... 8 Vetoes overridden ...... Total returned to the White House ...... 0

* These figures include all measures reported, even if there was no accom- panying report. A total of 115 written reports have been filed in the Senate, 256 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, November 5 2 p.m., Tuesday, November 12

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: The House is scheduled to meet ation of the motion to proceed to consideration of S. 815, at 2 p.m. on Tuesday, November 12, 2013 pursuant to Employment Non-Discrimination Act. the provisions of H. Con. Res. 62. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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