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

Vol. 159 WASHINGTON, WEDNESDAY, OCTOBER 30, 2013 No. 153 Senate The Senate met at 9:30 a.m. and was appoint the Honorable EDWARD J. MARKEY, a approved three qualified and dedicated called to order by the Honorable ED- Senator from the Commonwealth of Massa- nominees—including Richard Griffin, WARD J. MARKEY, a Senator from the chusetts, to perform the duties of the Chair. to serve among the people’s watchdogs Commonwealth of Massachusetts. PATRICK J. LEAHY, against labor abuses, and Tom Wheeler, President pro tempore. to lead the body that oversees the Na- PRAYER Mr. MARKEY thereupon assumed the tion’s telecommunications industries. Chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- This week we will consider five other fered the following prayer: f fine public servants for a variety of Let us pray. RECOGNITION OF THE MAJORITY crucial roles in the executive branch. Eternal God, the giver of gifts, thank LEADER So when one nominee’s personal story You for Your unchanging promises and professional dedication stands out that we can claim each day. Lord, You The ACTING PRESIDENT pro tem- in this distinguished crowd, it is re- have promised to supply our needs and pore. The majority leader is recog- markable. And it is remarkable when to work everything together for our nized. we talk about a woman by the name of good. f Patricia Millett. Ms. Millett has been chosen by the Bless our lawmakers. Help them to SCHEDULE seek not what they can get from You President to be a nominee to serve on but what Your power can enable them Mr. REID. Mr. President, following the DC Circuit Court of Appeals. She to do for You. Remind them that in the remarks of myself and Senator graduated at the top of her class from prayer they do not so much hear a MCCONNELL, the Senate will proceed to the University of Illinois and then at- voice as acquire a voice. Show them executive session to consider the nomi- tended Harvard Law School. She how to use that acquired voice to speak nation of Alan Estevez to be a Prin- clerked for the Ninth Circuit Court of for the voiceless. May they even use cipal Deputy Under Secretary of De- Appeals and served as an appellate at- their pain to put them in touch with fense, working with Senator Hagel. The torney in the Justice Department’s the pain of others. time until 10:30 a.m. will be equally di- civil division. She then served as as- We pray in Your merciful Name. vided. At 10:30, there will be a cloture sistant to the Solicitor General under Amen. vote on the nomination. If cloture is Democratic President Bill Clinton as invoked, we expect to confirm this well as Republican President George W. f nomination later today and continue Bush. Ms. Millett then was chosen to PLEDGE OF ALLEGIANCE with cloture votes on additional nomi- lead the Supreme Court practice at the nations. prestigious law firm of Akin Gump, and The Presiding Officer led the Pledge We always complain about what we of Allegiance, as follows: has argued more than 32 cases before don’t get done, but I think everyone in the U.S. Supreme Court. This is a stun- I pledge allegiance to the Flag of the the Senate should recognize that as a ning number that rarely anyone ever United States of America, and to the Repub- result of our having changed the rules lic for which it stands, one nation under God, reaches. I am sure there are others who indivisible, with liberty and justice for all. in the Senate, we are able to move have reached this number, but the two through some of these things much who come to my mind are the Chief f more quickly. We have reduced the Justice of the Supreme Court who ar- APPOINTMENT OF ACTING time from 30 hours after cloture has gued many cases, and a long-time PRESIDENT PRO TEMPORE been invoked to 8 hours, and that has friend, the late Rex Lee, who was Solic- helped us move through these issues. The PRESIDING OFFICER. The itor General for President Reagan. So everybody complains about our clerk will please read a communication Prior to, during his tenure as Solicitor never changing things around here, but to the Senate from the President pro General, and after he argued many we have, and it has helped us. cases before the Supreme Court. But 32 tempore (Mr. LEAHY). The assistant legislative clerk read f arguments before the Supreme Court is the following letter: a stunningly high number. NOMINATIONS Patricia Millett’s professional cre- U.S. SENATE, Mr. REID. Mr. President, the Senate dentials are matched by her personal PRESIDENT PRO TEMPORE, Washington, DC, October 30, 2013. has the privilege of considering the integrity and determination. She is a To the Senate: nominations of many exceptionally military spouse, mother of two chil- Under the provisions of rule I, paragraph 3, talented individuals for a variety of dren, who argued a case before the Su- of the Standing Rules of the Senate, I hereby jobs. This week the Senate has already preme Court while her husband, who

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

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VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7638 CONGRESSIONAL RECORD — SENATE October 30, 2013 serves in the Navy, was deployed in Af- Republicans are using convenient but lied upon will no longer be available in ghanistan. Ms. Millett has been a lit- flawed political arguments to ham- their network—and, in many cases, eracy tutor for more than two decades, string our Nation’s court and deny they will be responsible for 100 percent and volunteers at her church’s home- highly qualified nominees such as Ms. of the costs associated with services less shelter. She has the support of law Millett a fair up-or-down vote. But she performed at those facilities they used enforcement officials, legal profes- deserves better. She deserves a return to use. sionals, and military organizations to the days when all Senators—includ- Let me repeat. One hundred percent from across the political spectrum. Her ing Republicans—took their duty to of the costs. How is that an improve- colleagues have called her fair-minded, advise and consent seriously. ment? How is that reform? principled, and exceptionally gifted, I am cautiously optimistic that Many in the middle class are also with unwavering integrity. So it is enough Republicans understand their learning that the health plans they truly a shame that some Republicans responsibilities and will allow us to were promised they could keep are would filibuster this exceedingly quali- move forward on this very important being taken away from them anyway. fied nominee for unrelated political nomination. She deserves a return to They feel absolutely betrayed. They reasons. the days when qualified nominees were feel hurt. And they feel vulnerable. Patricia Millett is nominated to guaranteed a full and fair confirmation When these folks are offered ‘‘com- what many call the second most impor- process to avoid the political games. It parable’’ plans at all, they are often tant court in the land—the DC Circuit. is basically fairness. completely unaffordable. And if they This court reviews the complicated de- f poke around on the exchanges—assum- cisions and rulemakings of Federal RECOGNITION OF THE MINORITY ing they could even log on—many are agencies, and since September 11, 2001, LEADER finding that ObamaCare coverage is has handled some of the most impor- going to cost them way too much, not tant terrorism and detention cases in The ACTING PRESIDENT pro tem- offer them what they want, or both. the history of our country. pore. The Republican leader. Here is a note I recently received This is what former DC Chief Judge f from a constituent in Caldwell County: Patricia Wald said about the court’s OBAMACARE According to . . . our health insurance pro- caseload: vider, we can elect to stay on our current The D.C. Circuit hears the most complex, Mr. MCCONNELL. Mr. President, plan for this year with less coverage or time-consuming, labyrinthine disputes over each of us was sent here to serve and switch to the ‘Affordable’ Care Plan that regulations with the greatest impact on ordi- protect our constituents. That is why provides a little more coverage but at a cost nary Americans’ lives: clean air and water Republicans voted unanimously increase that is almost double. We currently regulations, nuclear plant safety, health- against ObamaCare in 2009, because we pay $653 per month and it would increase to care reform issues, insider trading and more. believed it was our job to stand for over $1100 . . . after talking to the insurance These cases can require thousands of hours middle-class families we were sent here company today, it seems . . . I was lied to by of preparation by the judges, often con- to represent, because we—and not just the President and Congress when we were suming days of argument, involving hun- told that the ‘Affordable’ Care Act would not dreds of parties and interveners, and necessi- us, but countless health care profes- require us to switch from our current insur- tating dozens of briefs and thousands of sionals, policy experts, and citizens ance provider. My husband and I work hard, pages of record—all of which culminates in across the country—saw this train pay a lot in taxes and ask for little from our lengthy, technically intricate legal opinions. wreck coming literally years ago, knew government. Is it asking too much for gov- . . . The nature of the D.C. Circuit’s caseload the pain it would cause, and warned ernment to stay out of my health insurance? is what sets it apart from other courts. against it. Her family is not alone. A CNN re- Unfortunately, today the court is I wish the President and Washington port this morning estimates that functioning far below its full com- Democrats had listened back then. I roughly one-half of the 600,000 people in plement of judges. The number of really do. I wish we had been wrong Kentucky’s private insurance market judges was chosen legislatively a long about ObamaCare too, because the will have their current insurance plans time ago. Today, only 8 of the 11 seats failings of this law are about so much discontinued by the end of the year. on the DC Circuit are full. The three more than a Web site. They are about This is not right and it is certainly remaining vacancies are due in part to real people. not fair. It is even more unfair when Republican obstruction of qualified Yes, the healthcare.gov fiasco can you consider that the administration nominees such as Caitlin Halligan, an seem almost comical at times—like a chose to exempt businesses from this extremely qualified woman. Twice she surreal parody of government bungling. law for a year but did not think the was defeated. But as the President says, this is about middle class deserved the same treat- Republicans claim that filling these so much more than a Web site. He is ment. three remaining vacancies on the DC right about that. The pain this law is Republicans do. We think the middle Circuit would amount to court pack- causing is not digital—it is real. class actually deserves a permanent ex- ing. This is ridiculous. We are not Workers first began to feel the pain emption from this law. But as long as changing any law. We are filling vacan- when employers started cutting hours, partisans in Washington continue to cies. Circuit court nominees, including and then benefits, and some jobs alto- jealously defend ObamaCare, we will do nominees for the DC Circuit, have gether. Spouses felt it when they lost at least whatever we can to fight for waited seven times longer for con- their health coverage they had had greater fairness for the middle class. firmation under President Obama than through their husband’s or wife’s job. I hope more Democrats will join us to they did under the last President Bush. College graduates felt it when they make that happen because a Web site So it is no mystery why we have a judi- could only find part-time work, if they can be fixed but the pain this law is ciary crisis in America. Making nomi- could find anything at all in the Obama causing—higher premiums, canceled nations to vacant judgeships is not economy. And this was before basically coverage—that is what is really impor- court packing. It is the President’s job. anyone had even heard of this tant, and that is what Democrats need I repeat, filling vacant judgeships is ObamaCare Web site. to work with us to address by starting the President’s job. It has nothing to Now that the health care law is actu- over, completely over, with true bipar- do with court packing. ally coming online, many Americans tisan health care reform. Senate Republicans were happy to are finding they will be seeing pre- I yield the floor. confirm judges to the DC Circuit when mium increases or that they will be President Reagan and President George getting hit with higher copays and f W. Bush were in office, but now that a deductibles or that they can no longer Democrat serves in the White House, see the doctors who use the hospitals of they want to eliminate the remaining their choice. In fact, I have been hear- RESERVATION OF LEADER TIME three DC Circuit seats, although the ing from constituents in western Ken- The ACTING PRESIDENT pro tem- court’s workload has actually grown tucky that a number of the hospitals pore. Under the previous order, leader- since President Bush was in office. and health care providers they have re- ship time is reserved.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7639 EXECUTIVE SESSION Ms. Millett has extensive experience cure employment protections for mem- on issues that come before the D.C. Cir- bers of our National Guard and Reserve cuit. She served for 15 years in the U.S. through her pro bono legal work. NOMINATION OF ALAN F. ESTEVEZ Department of Justice in both Demo- I know the distinguished Presiding TO BE A PRINCIPAL DEPUTY cratic and Republican administrations. Officer is concerned about the Guard UNDER SECRETARY OF DEFENSE She worked for 4 years on the appellate and Reserve in his State of Massachu- The ACTING PRESIDENT pro tem- staff of the civil division. She argued setts as I am in my State of Vermont. pore. Under the previous order, the cases in Federal and State appellate Ms. Millet also knows the strains that Senate will proceed to executive ses- courts, including the successful con- they face. In a case decided by the Su- sion to consider the following nomina- stitutional defense of the Religious preme Court in 2011, Ms. Millett rep- tion which the clerk will report. Freedom Restoration Act, and the in- resented an Army reservist who was The assistant legislative clerk read clusion of ‘‘In God We Trust’’ on Fed- fired, in part, because some of his co- the nomination of Alan F. Estevez, of eral currency. workers who stayed at home didn’t like the District of Columbia, to be a Prin- She spent over a decade in the Solic- his military absences. She stood up for cipal Deputy Under Secretary of De- itor General’s office. Her stellar rep- every Guard member and every reserv- fense. utation led a bipartisan group of seven ist in Vermont or Massachusetts or The ACTING PRESIDENT pro tem- former Solicitors General to praise her any other State in this country. The pore. Under the previous order, the as ‘‘unfailingly fairminded.’’ successful arguments Ms. Millett time until 10:30 will be equally divided In 2004, Republican Attorney General helped craft have made it easier for all and controlled in the usual form prior John Ashcroft awarded Ms. Millett the members of our Reserve and National to a vote on the motion to invoke clo- Attorney General’s Distinguished Serv- Guard to protect their right under the ture on the nomination. ice Award for representing the interest Uniformed Services Employment and Mr. MCCONNELL. Mr. President, I of the United States before the Su- Reemployment Rights Act. suggest the absence of a quorum. preme Court. Through her legal work, she has The ACTING PRESIDENT pro tem- Since 2007, she has led the Supreme earned broad bipartisan support. This pore. The clerk will call the roll. Court practice in the Washington, DC, includes the support of Peter Keisler, The assistant legislative clerk pro- office of Akin Gump. Her work in pri- Carter Phillips, Kenneth Starr, Ted ceeded to call the roll. vate practice spans commercial litiga- Olson, Paul Clement, and a bipartisan Mr. LEAHY. Mr. President, I ask tion, administrative law, constitu- group of 110 appellate practitioners, as unanimous consent that the order for tional matters, statutory construction, well as 37 Deputy Solicitors General the quorum call be rescinded. and even criminal appeals. She has rep- and assistants to the Solicitor General The ACTING PRESIDENT pro tem- resented Army reservists and business from both Republican and Democratic pore. Without objection, it is so or- interests, including the Chamber of administrations. dered. Commerce as well as civil rights plain- She is supported by both the national president of the National Fraternal The Senator from Vermont. tiffs. Order of Police, Chuck Canterbury; the MILLETT NOMINATION Ms. Millett is a nominee with un- Mr. LEAHY. Mr. President, today we questionable integrity and character. Deputy Commissioner of the New York are debating whether the Senate is She has committed herself to pro bono Police Department, Douglas Maynard; going to be allowed to vote on the con- work. She has done this throughout her the President of the National Bar Asso- ciation, John Page; and Andrea Carlise, firmation of Patricia Millett. She is career. She has also engaged in some the current President of the National nominated to fill the vacancy that our very significant community service. Conference of Women’s Bar Associa- current Chief Justice John Roberts She helps the neediest among us, vol- tions. Ms. Millet has the support of the previously occupied on the U.S. Court unteering through her church to pre- military community including Major of Appeals for the DC Circuit. pare meals for the homeless and serv- General Clark H. McNair, Jr., U.S. If she is confirmed, as of course she ing regularly as an overnight monitor Army, Retired; Michael Hall, Com- should be, she will be only the sixth at a local shelter. Twenty years after mand Sergeant Major, U.S. Army, Re- woman to serve on the DC Circuit in serving as a law clerk in Arizona, Pa- tired; Blue Star Families; and the Gal- its more than 120-year history. She is tricia Millet will return next summer lant Few. an extraordinary nominee. She has im- with her family for a mission trip with Based on Ms. Millett’s advocacy in peccable credentials for this important the White Mountain Apache tribe in private practice, she has the support of appellate court. Fort Apache, AZ. former executive vice president at the I, like so many others across this It is interesting that in a press con- Chamber of Commerce Litigation Cen- country, hope that her confirmation is ference I held yesterday when we had ter, Robin Conrad, who declares that not going to suffer from the partisan- spouses of people in the military, we Ms. Millett is: ship and gridlock that consumed Con- talked about another aspect of her ca- gress earlier this month. a non-ideological, non-partisan, ‘lawyer’s reer. Her husband is now a retired Navy lawyer,’ who has proven herself to be a trust- Ms. Millett was born in Dexter, ME reservist, but as a military spouse ed advisor to business with a practical appre- and now calls Virginia home, but grow- when he was called up, Ms. Millett has ciation of the challenges faced by businesses, ing up she lived in Kansas, Virginia, a personal understanding of the sac- large and small. She is open-minded, fair, Ohio, and Illinois. She earned her un- rifice we ask of our servicemembers even-tempered and superbly qualified to dergraduate degree, summa cum laude, and their families. serve on the District of Columbia Circuit. from the University of Illinois at Ur- At the very height of her legal ca- In fact, the list is so long, I ask unan- bana-Champaign and her law degree, reer, her husband was called on to de- imous consent that it be printed in the magna cum laude, from Harvard Law ploy as part of Operation Iraqi Free- RECORD at the conclusion of my re- School. She served as a law clerk for dom. Of course he left, as those who are marks. Judge Thomas Tang on the U.S. Court called to serve do, but she was left at If a President was to be given a text- of Appeals for the Ninth Circuit in home with two young children. And book about the type of nominee to send Phoenix, AZ. what did she do? She did what spouses to the Senate, or if Senators were Patricia Millett has had a brilliant all over this country do. She filled the given a textbook of the type of person legal career. She has argued 32 cases role of both parents at home while her to confirm, this would be the golden before the Supreme Court. Until re- husband served in the Navy overseas. standard right here. We should not cently, she held the record for the most In fact, just the other day the Senate even be having this debate. She should Supreme Court arguments by a woman passed a bipartisan resolution to honor have been confirmed unanimously attorney before the court. She has ar- families like Ms. Millett’s family. We weeks ago. She is the kind of nominee gued dozens of cases in the Federal commemorate October 26 as the Day of we should support because hers is a courts of appeal. She has briefed nu- the Deployed. great American story of dedication, merous cases in the Supreme Court and Not only is she committed to her own diligence, patriotism, and extraor- also appellate courts across the Nation. military family, she has helped to se- dinary professional ability.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7640 CONGRESSIONAL RECORD — SENATE October 30, 2013 I hope nobody is going to get in- merits it is an easy case—but there July 9, 2013—Wade Henderson, President, volved in partisan politics and choose should be no delay based on politics. At and Nancy Zirkin, Executive Vice President, to filibuster her nomination. She de- a time when the American people are The Leadership Conference on Civil and serves to be confirmed. looking at the Congress and saying: Human Rights I understand that some Republicans July 10, 2013—John Page, President, Na- What are you people doing—first the tional Bar Association have newfound concerns about the shutdown and then other things—we July 11, 2013—John E. Echohawk, Execu- number of judges on the D.C. Circuit. should not allow one more example tive Director, Native American Rights Fund During the Bush administration, Sen- that will bring the scorn of the Amer- July 17, 2013—Maryse Allen, President, Vir- ate Republicans voted unanimously to ican people toward this great body by ginia Women Attorneys Association July 17, 2013—Gene Rossi, Assistant U.S. fill four vacancies on the D.C. Circuit— saying no to somebody when every sin- giving the court a total of 11 judges in Attorney and Chief of the Specials Unit, gle person, no matter what their poli- Eastern District of Virginia active service. Today there are only tics are and no matter what part of the July 17, 2013—Douglas Kendall, President, eight judges on the court. What has country they are from, knows how and Judith Schaeffer, Vice President, Con- changed? It is not the caseload—that qualified she is. stitutional Accountability Center has remained fairly constant over the I was thinking yesterday about when July 23, 2013—Mary Grace A. O’Malley, At- past 10 years. The only thing that has the group representing spouses in the torney changed is the party of the President July 23, 2013—Catherine M. Reese, Attor- military spoke about what she did to ney nominating judges to the court. maintain her legal career but first and Incidentally, a Republican President September 11, 2013—Andrea Carlise, Presi- foremost to take care of her family dent, National Conference of Women’s Bar nominated a man named John Roberts while her husband was abroad and even Associations to the seat Ms. Millett has now been then to do such things as help provide September 29, 2013—Matthew Crotty, U.S. nominated to. When his nomination food to food kitchens for those less able Army and National Guard Veteran came up for a vote on the Senate floor, September 30, 2013—Karl Monger, Major, and less fortunate. When we see a back- as I recall, all Democrats and all Re- Retired U.S. Army Reserves, and Executive ground such as this, we think it is too publicans supported him for that seat. Director, GallantFew, Inc. While Democrats did not agree with good to be true, but in this case it is all October 1, 2013—Michael Hall, Retired from the U.S. Army after 31 years of active duty, him philosophically on all issues, we true. So let’s confirm her. There being no objection, the mate- Command Sergeant Major, Retired U.S. knew he was highly qualified, and he rial was ordered to be printed in the Army was confirmed. October 4, 2013—Karen Kelly, wife of Gen- RECORD, as follows: I don’t think it is any stretch to say eral John F. Kelly, the Commander of the she is just as qualified. It is the same LETTERS RECEIVED FOR PATRICIA MILLETT United States Southern Command seat, but the only difference is it is a June 24, 2013—Robin Conrad, Former Exec- Mr. LEAHY. Mr. President, what is Democratic President who has nomi- utive Vice President, National Chamber Liti- the parliamentary situation? nated her. The standards should be the gation Center, Chamber of Commerce July 2, 2013—Independent Group of Private The ACTING PRESIDENT pro tem- same. The same standards that allowed Attorneys, Law Professors, and Former pore. The Senate right now is consid- John Roberts to be confirmed to that Judges ering the Estevez nomination, and the seat with a Republican President are July 2, 2013—Jefferson Keel, President, Na- time is equally divided between both the same standards that should allow tional Congress of American Indians sides. her to be confirmed to the seat with a July 3, 2013—Barbara Arnwine, President Mr. LEAHY. Mr. President, I yield Democratic President. She should be and Executive Director, and Jon Greenbaum, the floor. I suggest the absence of a confirmed. Chief Counsel and Senior Deputy Director, quorum, and I ask unanimous consent Lawyers’ Committee for Civil Rights Under I want to talk about the caseload. that the time be equally divided. The caseload was 121 pending appeals Law July 3, 2013—Stuart Bowen, Jr. The ACTING PRESIDENT pro tem- per active judge when President Bush July 3, 2013—Solicitors General at the De- pore. Without objection, it is so or- was in office. The Republican-con- partment of Justice, 1989–2009 dered. trolled Senate had no problem in con- July 3, 2013—Dan Schweitzer, Supreme The clerk will call the roll. firming the 11th judge to that court. Court Counsel, National Association of At- The legislative clerk proceeded to Now, when the caseload is 185 pend- torneys General call the roll. ing appeals per active judge instead of July 3, 2013—Lisa Soronen, Executive Di- Mr. BLUMENTHAL. Madam Presi- 121 with a Democratic President, we rector, State and Local Legal Center dent, I ask unanimous consent that the are told: Gosh, we have to cut back. We July 8, 2013—Jessica Adler, President, Women’s Bar Association of the District of order for the quorum call be rescinded. have too many judges. It doesn’t pass Columbia The PRESIDING OFFICER (Ms. the giggle test. The fact is that this is July 8, 2013—Silvia Burley, Chairperson, HEITKAMP). Without objection, it is so what Republicans said. They voted for California Valley Miwok Tribe ordered. nominees to fill these 11 seats. Now, July 8, 2013—Major General Clark H. CLOTURE MOTION when three of those seats are vacant McNair, Jr., U.S. Army, Retired Under the previous order, pursuant to and we are trying to fill one—the same July 8, 2013—Leonard Forsman, Chairman, rule XXII, the Chair lays before the one John Roberts had—some are saying Tribal Council of the Suquamish Tribe July 8, 2013—Lilly Ledbetter Senate the pending cloture motion, maybe we have too many judges. Back July 8, 2013—Judge Timothy Lewis, which the clerk will state. then we had 121 appeals pending per ac- Former Federal Judge of the Third Circuit The legislative clerk read as follows: tive judge and now we have 185. No Court of Appeals CLOTURE MOTION matter how we do it, the issue simply July 8, 2013—Carter Phillips and Peter We, the undersigned Senators, in accord- comes down to, is this nominee quali- Keisler, Attorneys ance with the provisions of rule XXII of the fied? July 8, 2013—Douglass B. Maynard, Deputy Standing rules of the Senate, hereby move to I have had the great privilege of serv- Commissioner, NYPD bring to a close debate on the nomination of ing in this body for almost 40 years. I July 9, 2013—Chuck Canterbury, National Alan F. Estevez, of the District of Columbia, President, National Fraternal Order of Po- have voted on thousands of judges to be a Principal Deputy Under Secretary of lice Defense. nominated by both Republicans and July 9, 2013—David Diaz, Co-Chair, En- Democrats. I voted to confirm the vast Harry Reid, Carl Levin, Robert Menen- dorsements Committee of the Hispanic Bar dez, Charles E. Schumer, Jack Reed, majority of them whether we had a Re- Association of the District of Columbia Kirsten E. Gillibrand, Sheldon White- publican President or a Democratic July 9, 2013—37 Assistant, Deputy, and Act- house, Richard Blumenthal, Jeff President. Thinking back through all ing Solicitors General Merkley, Christopher A. Coons, Debbie of those thousands of judges, I have a July 9, 2013—Ofelia L. Calderon, President, Stabenow, Christopher Murphy, Patty hard time finding even a handful who Hispanic Bar Association of the Common- Murray, Tom Harkin, John D. Rocke- wealth of Virginia were as well qualified as this woman is feller IV, Bill Nelson, Benjamin L. July 9, 2013—Nancy Duff Campbell and Cardin. or where there is as much of a need to Marcia D. Greenberger, Co-Presidents, Na- have somebody in there. tional Women’s Law Center The PRESIDING OFFICER. By unan- This is important. This is not only July 9, 2013—Chuck Wexler, Executive Di- imous consent, the mandatory quorum important on the merits—and on the rector, Police Executive Research Forum call has been waived.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7641 The question is, Is it the sense of the Mr. BEGICH. For the information of Rosoboronexport are not being abused Senate that debate on the nomination all Senators, we expect a voice vote on by corrupt Russian officials. of Alan F. Estevez, of the District of the Estevez confirmation. The next Americans have good reason to be Columbia, to be a Principal Deputy vote in order will be cloture on the concerned. It is their tax dollars that Under Secretary of Defense, shall be Archuleta nomination. Senators should are being used to buy these helicopters brought to a close? expect a rollcall vote at noon. from Russia for the Afghan military. The yeas and nays are mandatory I yield the floor. Russia has a particularly bad track under the rule. The PRESIDING OFFICER. The Sen- record. They received an abysmal grade The clerk will call the roll. ator from Texas. of D-minus in Transparency Inter- The legislative clerk called the roll. Mr. CORNYN. Madam President, I national’s latest Government Defence Mr. CORNYN. The following Senator know we are in the postcloture time on Anti-Corruption Index. In 2011, Russia’s is necessarily absent: the Senator from the Estevez nomination. I wanted to chief military prosecutor publicly stat- Oklahoma (Mr. INHOFE). explain why it was necessary for me to ed that 20 percent of his country’s an- The PRESIDING OFFICER. Are there put a hold on this nomination this last nual military equipment budget is any other Senators in the Chamber de- March. This is a very important posi- being stolen by corrupt officials and siring to vote? tion, the second ranking acquisition of- contractors. One independent watchdog The yeas and nays resulted—yeas 91, ficial at the Department of Defense. believes that figure could be as high as nays 8, as follows: Actually my objection does not have 40 percent. [Rollcall Vote No. 223 Ex.] anything to do with Mr. Estevez per- In short, there are plenty of legiti- YEAS—91 sonally, who I trust will do an admi- mate reasons and questions about why Alexander Franken Mikulski rable job in this very important posi- American tax dollars are going to Ayotte Gillibrand Moran tion. But the reason I put a hold on the Rosoboronexport. On a per-aircraft Baldwin Graham Murkowski nomination was so I could try to get basis, the U.S. Army is paying Barrasso Grassley Murphy Baucus Hagan Murray the attention of the Department of De- Rosoboronexport more than double Begich Harkin Nelson fense to protest the Department’s busi- what the Russian military itself is pay- Bennet Hatch Portman ness relations with a notorious Russian ing to buy nearly identical helicopters. Blumenthal Heinrich Pryor Blunt Heitkamp arms dealer. For the last few years, the About 1 year ago, I convinced the Pen- Reed Boozman Heller Pentagon has been buying helicopters, tagon to conduct a formal audit of the Reid Boxer Hirono Roberts Mi-17 helicopters, from Army’s 2011 no-bid contract. Unfortu- Brown Hoeven Rosoboronexport, a Russian arms deal- nately, that audit went nowhere due to Burr Isakson Rockefeller Cantwell Johanns Sanders er, to supply the Afghan military. But persistent stonewalling by—you Cardin Johnson (SD) Schatz this is the arms dealer, of course, who guessed it—Rosoboronexport. Carper Johnson (WI) Schumer is supplying Bashar al-Assad with the In other words, we still have a lot of Casey Kaine Shaheen Chambliss King Shelby weapons he is using in Syria in that questions and the Pentagon and Chiesa Kirk Stabenow civil war to kill his own innocent civil- Rosoboronexport still owe us a lot of Coats Klobuchar Tester ian population. answers which we don’t yet have. One Coburn Landrieu Thune The Pentagon itself has confirmed question is what prompted the Depart- Cochran Leahy Toomey that Bashar al-Assad security forces ment of Defense to buy Russian heli- Collins Lee Udall (CO) Coons Levin Udall (NM) have used these very same Russian- copters in the first place? To my Corker Manchin Vitter made weapons to massacre an untold knowledge, there are plenty of Amer- Donnelly Markey Warner Durbin number of civilians. Yet the Depart- ican manufacturers of helicopters that McCain Warren Enzi McCaskill ment of Defense has stubbornly re- would be anxious to compete for this Whitehouse Feinstein McConnell Wicker fused—I do not think arrogant is too no-bid contract. By relying upon Mos- Fischer Menendez strong a word—stubbornly and arro- cow to supply the Afghan military with Flake Merkley Wyden gantly refused to end its relationship essential equipment, we have given the NAYS—8 with Assad’s personal arms supplier. Kremlin significant leverage over U.S. Cornyn Paul Scott In fact, since 2011, the Pentagon has foreign policy. Moreover, equipping the Crapo Risch Sessions given more than $1 billion—$1 billion— Afghans with Russian helicopters will Cruz Rubio to Rosoboronexport in no-bid con- make it virtually impossible to achieve NOT VOTING—1 tracts. It is planning to spend another any real level of interoperability be- Inhofe $345 million on the company’s Mi-17 tween the U.S. and Afghan helicopter The PRESIDING OFFICER. On this helicopters in 2014. fleets. vote, the yeas are 91, the nays are 8. Let me be clear. By purchasing Mi- The Department of Defense has re- Three-fifths of the Senators duly cho- 17s from Rosoboronexport, our own De- peatedly and disingenuously claimed sen and sworn having voted in the af- partment of Defense is effectively sub- that a 2010 study of Afghanistan’s heli- firmative, the motion is agreed to. sidizing the mass murder of Syrian ci- copter requirements shows the neces- Pursuant to the provisions of S. Res. vilians, which is, by all accounts, sim- sity of buying Mi-17 helicopters from 15 of the 113th Congress, there will now ply outrageous. Russia. In fact, the unclassified portion be up to 8 hours of postcloture consid- To make matters worse, the Mi-17 of that study found that the ideal air- eration on the nomination equally di- program is apparently plagued by in- craft for the Afghan military was a vided in the usual form. ternal corruption. According to pub- particular American-made helicopter. The Senator from Alaska. lished news reports, there are at least Why are we buying Russian heli- Mr. BEGICH. Madam President, I ask two separate ongoing criminal inves- copters when there are American man- unanimous consent that at 12 noon tigations into the U.S. Army office ufacturers that can meet that very today all postcloture time on the that manages the procurement and same requirement? It makes no sense Estevez nomination be yielded back sustainment contracts for the Mi-17s. whatsoever, and the Department of De- and the Senate proceed to a vote on the Last month, I joined 31 of my congres- fense has steadfastly refused to cooper- nomination without intervening action sional colleagues in a bipartisan letter ate with reasonable inquiries into why or debate; that the motion to recon- to the Attorney General of the United in the world they continue to persist sider be considered made and laid upon States, urging him to utilize all avail- along this pathway. the table with no intervening action or able resources to support these crimi- The reality is the Department of De- debate; that no further motions be in nal investigations. fense has plenty of alternatives to buy- order; that any related statements be For that matter, I have also joined ing Mi-17s from Russia, but for some printed in the RECORD; and that the with 12 of my Senate colleagues in a bi- reason or reasons known only to them, President be immediately notified of partisan letter to General Dempsey, they steadfastly refuse to consider any the Senate’s action. the Chairman of the Joint Chiefs of of these alternatives. The most sen- The PRESIDING OFFICER. Without Staff at the Pentagon, asking him for sible and cost-effective alternative objection, it is so ordered. assurances that its contracts with would involve keeping many of the Mi-

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7642 CONGRESSIONAL RECORD — SENATE October 30, 2013 17s the Afghans already have on hand U.S. SENATE, was paying to Rosoboronexport and per- and life-extending them, instead of re- Washington, DC, August 5, 2013. suaded DoD to direct the Defense Contract tiring them early, which is what is General MARTIN E. DEMPSEY, Audit Agency (DCAA) to conduct a formal happening now. In other words, Mi-17s Chairman of the Joint Chiefs of Staff, Joint audit of the Army’s 2011 no-bid contract with Staff Pentagon, Washington, DC. that the Afghans already have are the firm. In May of this year, we learned DEAR GENERAL DEMPSEY: We write to ex- that, due to a total lack of cooperation by being retired early rather than being press deep concern over your support for the Rosoboronexport and months of stalling tac- life-extended because of the Pentagon’s ongoing Department of Defense (DoD) pro- curement of helicopters from tics, DCAA had to abandon the audit. At the stubborn insistence on buying new ones same time, DoD was negotiating the $572 to replace these existing helicopters. In Rosoboronexport, the Russian Federation’s official arms export firm, as well as DoD’s million no-bid contract with this firm, but fact, a majority of the Mi-17s the Af- seeming blindness to the real risk of both failed to use that leverage to secure its co- ghan military already has have more Russian corruption in these deals and over- operation with the audit. DoD should com- than half of their useful lifetime left in reliance on a potentially hostile power. You plete this audit. are on the record, as recently as your Senate terms of flight hours, and they are We need your personal assurance that reconfirmation hearing on July 18, saying being retired early so the Pentagon can American taxpayers are not being cheated buy these new helicopters to replace that we should ‘‘stay the course with the ex- isting program.’’ In the interests of national out of their hard-earned dollars by corrupt them. security and proper stewardship of taxpayer Russian officials and contractors who may It makes no sense whatsoever, par- dollars, we ask you to reconsider. be lining their own pockets. Further, we re- ticularly at a time when I know we are In June, DoD awarded Rosoboronexport a quest a briefing on exactly what due dili- $572 million contract for the procurement of gence DoD did on this issue prior to award- all concerned about our defense ex- 30 more Mi-17 helicopters for the Afghan Spe- penditures and making sure the De- ing these contracts to Rosoboronexport, as cial Mission Wing, ignoring the rec- well as what continuing safeguards DoD has fense Department has the resources ommendation of the Special Inspector Gen- in place to prevent this. they need in order to keep America eral for Afghan Reconstruction (SIGAR) to safe and maintain our commitments halt this procurement. SIGAR, in its June 28 The strategic vulnerabilities that DoD’s around the world. Why would the De- report, cast doubt on the validity of the re- Mi-17 program have potentially created are also deeply troubling. DoD argues that its di- fense Department be acting so irre- quirement for the aircraft, providing ample evidence that it is based on unrealistic and rect relationship with Russia’s official arms sponsibly as they are in the purchase of outdated projections. We request an expla- exporter provides essential benefits, such as these Mi-17 helicopters? nation of DoD’s decision. We also understand recognition of ‘‘Russian Military Airworthi- While I don’t have any personal ob- that DoD plans to buy approximately 15 ness Authority,’’ special tools and test jection to the nomination of Mr. Alan more of these aircraft using FY14 funds. equipment, and engineering ‘‘reach back’’ for As you know, while Rosoboronexport re- Mi-17s, which it says includes service bul- Estevez, I could not support cloture on ceives huge payments from DoD, it also con- letins, certification of modifications, root the nomination. tinues to serve as a key enabler of atrocities cause corrective actions, lifting of life limits Along with my friends and colleagues in Syria, transferring weapons and ammuni- tion to prop up the bloodthirsty regime of on parts, counterfeit part mitigation, special on both sides of the aisle, I am going to Bashar al-Assad. DoD has confirmed that access to technical info, support for future do everything I can to shine a bright Assad’s forces have used these very weapons modifications and fielded aircraft. If DoD’s light on the Pentagon’s troubling rela- to murder Syrian civilians, and the United dependence on Russia for Afghanistan’s fu- tionship with a Russian arms dealer, Nations estimates that over 100,000 people ture rotary airlift capacity is as complete as which is also Bashar al-Assad’s arms have been killed. DoD has now awarded well DoD suggests, this raises serious questions: dealer from which he purchases weap- over $1 billion in no-bid contracts to this (1) If the Afghan military continues to oper- ons to kill innocent civilians in Syria. Russian state-controlled firm, which handles ate Russian aircraft for decades to come, can more than 80 percent of Russia’s arms ex- it ever be fully independent of Russia? (2) What reasonable person wouldn’t be ports. What’s more, as recently as 2005, Rus- troubled by this tangled relationship? Should Russia decide at some point to with- sia reportedly forgave more than $10 billion hold support for the Afghan Mi-17 fleet, does Ideally, the Mi-17 program would of Syria’s past arms sales debt. As such, DoD DoD have a fallback plan to ensure the Af- simply be terminated. At the very has put American taxpayers in the repug- ghan fleet’s readiness? (3) Does the overreli- nant position of subsidizing the mass murder ance on Russia fostered by this Mi-17 pro- least, it should be placed on constant of Syrian civilians. and vigorous congressional oversight, While DoD’s relationship with this firm is gram put the U.S. at risk of Russian coer- and that would serve the interests of troubling on many levels, the prospect that cion or blackmail on other security issues, U.S. taxpayers and U.S. national secu- American taxpayers have been made into un- such as the crisis in Syria, Iran’s drive to ob- rity alike. witting victims of Russian corruption de- tain nuclear weapons, U.S. missile defense, mands special scrutiny. Rosoboronexport is arms control negotiations, or the security of For all of these reasons, I could not an arm of the Russian Federation and a key former Soviet republics? support a cloture vote on the nomina- component of Russia’s defense establish- We are concerned by DoD’s apparent fail- tion of Mr. Estevez. I am going to con- ment, in which corruption is rampant. In ure to consider the strategic implications of June, the British nonprofit group Trans- tinue to come back to the floor and use sourcing mission-critical military equipment other vehicles. parency International published its Govern- ment Defence Anti-Corruption Index, giving from a potentially hostile power such as I see the distinguished chairman of Russia a D-minus rating as one of the worst- Russia. DoD’s preference for Russian heli- the Armed Services Committee on the ranked exporters. This group found ‘‘evi- copters will also make it highly difficult to achieve robust interoperability between the floor. I know we are going to be taking dence of organised crime penetration into U.S. and Afghan helicopter fleets, which is in up the Defense authorization bill later defence and security establishments, and lit- tle evidence of the government’s ability to the long-term interests of both nations. on this year, and I will be reaching out address this,’’ and it concluded that several These problems are self-inflicted, and this to him and other colleagues on both top Ministry of Defence officials have con- policy is extremely shortsighted. sides of the aisle to try to bring an end victions on their records. For these reasons, we ask that DoD cancel to this troubling relationship with In May 2011, Russia’s chief military pros- ecutor publicly stated that 20 percent of Rus- all current contracts with Rosoboronexport, Rosoboronexport and to seek alter- as it has previously confirmed it has the native means—hopefully, from Amer- sia’s own military equipment budget is sto- len by corrupt officials and contractors each right to do at any time, and fully sever its ican manufacturers—for this require- year, citing practices such as ‘‘fake and ficti- business relationship with this firm. ment for the Afghan military. tious invoices’’ and ‘‘kickbacks for state Sincerely, I ask unanimous consent to have contracts.’’ The head of Russia’s National John Cornyn, U.S. Senator; Mark Begich, Anti-Corruption Committee independent U.S. Senator; Kelly Ayotte, U.S. Sen- printed in the RECORD two letters, one watchdog put his estimate at 40 percent. ator; Mark Kirk, U.S. Senator; John dated August 5, 2013, to GEN Martin E. Concerns about corruption in Russia’s arms Boozman, U.S. Senator; Jeff Sessions, Dempsey, and a letter dated September trade also reportedly led Iraq to cancel a $4.2 U.S. Senator; David Vitter, U.S. Sen- 16, 2013, addressed to the Attorney Gen- billion arms deal with Russia last year. We ator; Charles E. Schumer, U.S. Sen- eral of the United States, Eric Holder. have very serious concerns over where the ator; Richard Blumenthal, U.S. Sen- proceeds of DoD’s Mi-17 contracts might be ator; Kirsten E. Gillibrand, U.S. Sen- There being no objection, the mate- going. ator; Christopher Murphy, U.S. Sen- rial was ordered to be printed in the In September 2012, one of us raised con- ator; Roger F. Wicker, U.S. Senator; RECORD, as follows: cerns about the price per aircraft that DoD Ron Wyden, U.S. Senator.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7643 CONGRESS OF THE UNITED STATES, Shea-Porter, Member of Congress; Wil- hopefully, after the Senators receive Washington, DC, September 16, 2013. liam L. Owens, Member of Congress; the answer to the letter they sent to Hon. ERIC HOLDER, Juan Vargas, Member of Congress; Tom the Chairman of the Joint Chiefs of Attorney General, U.S. Department of Justice, Cole, Member of Congress; Ken Calvert, Staff. Pennsylvania Avenue, NW., Washington, Member of Congress. I very strongly support the Estevez DC. Mr. CORNYN. I yield the floor. DEAR ATTORNEY GENERAL HOLDER: We nomination and look forward to a con- write with great concern about reported alle- The PRESIDING OFFICER. The Sen- firmation vote, either by voice vote or gations of criminal activity by one or more ator from Michigan. rollcall vote, as necessary, at noon. I government officials within the Department Mr. LEVIN. I very much support the thank the Presiding Officer. of the Army’s Non-Standard Rotary Wing nomination of Alan Estevez to be Prin- I suggest the absence of a quorum. Aircraft (NSRWA) Project Management Of- cipal Deputy Under Secretary of De- The PRESIDING OFFICER. The fice, which leads the Department of De- fense for Acquisition, Technology and clerk will call the roll. fense’s troubled Mi–17 helicopter program. Logistics. The assistant legislative clerk pro- These allegations, if substantiated, would Mr. Estevez is a career civil servant represent not just a violation of the law, but ceeded to call the roll. also a breach of the public trust. who has served under Presidents of Mr. BLUMENTHAL. Madam Presi- According to an August 29, 2013, report both political parties since 1981, when dent, I ask unanimous consent that the from Reuters, the Defense Criminal Inves- he started work at the Military Traffic order for the quorum be rescinded. tigative Service has been conducting a Management Command. Over the last The PRESIDING OFFICER. Without criminal investigation and is examining 30 years, Mr. Estevez has developed an objection, it is so ordered. ‘‘questionable transactions’’ by NSRWA, in- expertise in military logistics, eventu- Mr. BLUMENTHAL. Madam Presi- cluding potentially improper payments to dent, I come to the floor today to Russian companies involved in Mi–17 over- ally rising to become the first career hauls, as well as problematic personal ties Federal official to hold the position of speak on two separate and distinct between one or more Army officials and Assistant Secretary of Defense for Lo- matters relating to the military. these foreign entities. gistics and Materiel Readiness, a posi- REMEMBERING OUR ARMED FORCES In addition, the Special Inspector General tion in which he provides civilian over- JUSTIN ELDRIDGE for Afghanistan Reconstruction has launched sight for more than $190 billion of DOD Mr. BLUMENTHAL. Madam Presi- a probe into NSRWA’s procurement of new logistics operations. He previously Mi–17 helicopters, according to the Reuters dent, no one in this body other than I report. Since 2011, NSRWA has negotiated played a key role in reengineering De- had the privilege to know Justin and executed more than $1 billion worth of partment of Defense transportation Eldridge of Waterford, CT. Justin was a contracts for procurement of these Russian processes and in helping to address lo- true American hero, a patriot—a U.S. aircraft from Rosoboronexport, Russia’s gistics deficiencies identified during marine who served our country in Af- state-controlled arms exporter who simulta- Operation Desert Shield. ghanistan and who scarcely more than neously continues to supply weapons and Mr. Estevez is the recipient of the 24 hours ago took his own life at his ammunition to the Syrian government. 2010 Presidential Rank Distinguished The prospect that American taxpayers home. My thoughts and prayers are have been made into unwitting victims of Executive Award and the 2006 Presi- with Justin’s wife Joanna and their corruption demands special scrutiny. On a dential Rank Meritorious Executive four children and all of Justin’s family per aircraft basis, the Army is paying Award, two Office of the Secretary of and friends, fellow marines, who grieve Rosoboronexport more than double what the Defense medals for Meritorious Civil- his loss at this difficult time. Russian military itself is paying right now ian Service, and the 2005 Service to I first came to know Justin when he to buy nearly identical helicopters. These America Medal awarded by the Part- formed a chapter of the Marine Corps facts, taken together with the news report, nership for Public Service. League in southeastern Connecticut. raise very serious questions about the He is extremely well qualified for He believed deeply in the Marine Corps Army’s entire Mi–17 program, including whether the various contracts for procure- this position. I am pleased we have now and in service to his country, his fam- ment and overhaul were the products of achieved cloture so his nomination ily, and in the values and traditions criminal misconduct. may be voted on at noon. and ethos of all of our great U.S. ma- In light of these ongoing concerns, we urge I don’t know of opposition to him and rines and the men and women who you to utilize all available resources, includ- his personal qualifications. I under- wear the uniform. ing the Federal Bureau of Investigation, to stand the debate over the helicopter Yesterday, Justin Eldridge lost his support any criminal investigation into issue. He is not the one who ordered own battle—a long battle with post- these matters. If the allegations are founded, nor can he reverse it. That issue is an we urge you to ensure the guilty parties are traumatic stress that he fought hero- prosecuted to the fullest extent of the law. issue which has been raised by a num- ically after serving in the Marine Corps Thank you for your consideration of this im- ber of Senators, including the Senator for 81⁄2 years before his medical retire- portant request. from Texas. Senator BLUMENTHAL has ment in 2008. Even after he returned Sincerely, raised it in committee as well. home from Afghanistan, Justin had a John Cornyn, U.S. Senator; Richard The letter that went out to the long fight ahead of him. He returned Blumenthal, U.S. Senator; John Booz- Chairman of the Joint Chiefs has not home with the signature wounds of this man, U.S. Senator; Mark Kirk, U.S. yet been answered. However, I have war—both traumatic brain injury and Senator; Kelly Ayotte, U.S. Senator; spoken to General Dunford about this Mark Begich, U.S. Senator; Roger F. post-traumatic stress—and he worked Wicker, U.S. Senator; Christopher A. matter, and I will have more to say for years to get the specialized treat- Coons, U.S. Senator; David Vitter, U.S. about that when this issue is raised ei- ment he needed. He tried hard to be Senator. ther on the Defense authorization bill there for his family. According to his Rosa L. DeLauro, Member of Congress; or on some other matter. wife Joanna, his four children loved Kay Granger, Member of Congress; For the time being, let me say simply having him around. James P. Moran, Member of Congress; that helicopter is a requirement which He faced another all-too-common Frank R. Wolf, Member of Congress; has been set by our generals, not by problem in this country—health care John Garamendi, Member of Congress; our Pentagon people, civilians. It is a at the Veterans’ Administration and Jack Kingston, Member of Congress; Michael H. Michaud, Member of Con- top priority that the Afghans be sup- accessing the care he needed. He was gress; Betty McCollum, Member of plied that helicopter because it is the admitted to the VA hospital and began Congress; Jackie Speier, Member of one they have flown. The Army of Af- a long road of treatment. I cannot ex- Congress; Janice D. Schakowsky, Mem- ghanistan has used that helicopter. So press in words how deeply sorry I am ber of Congress; Elizabeth H. Esty, without getting into the merits of this, that treatment evidently proved unsuc- Member of Congress; Steve Stivers, because this is left for a later time by cessful—perhaps not the result of the Member of Congress; Daniel T. Kildee, the Senator from Texas, I am grateful VA or its doctors or its hospital be- Member of Congress; Joe Courtney, the debate cannot be connected to the cause we are only beginning to learn as Member of Congress; Jim Bridenstine, Member of Congress; James P. McGov- Estevez nomination, where it has no a country and society how to confront ern, Member of Congress; Steve Cohen, relevance, since he didn’t accept the post-traumatic stress and traumatic Member of Congress; Alan S. requirement nor can he reverse the de- brain injury with the specialized diag- Lowenthal, Member of Congress; Carol cision. It will be set for a later time— nosis and care these diseases demand.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7644 CONGRESSIONAL RECORD — SENATE October 30, 2013 Even in grief we should not forget hope that uppermost on his list of pri- Rosoboronexport that arms our en- Justin’s service to his country and his orities will be the Mi-17 helicopter ac- emies in Iran and is a key enabler of joy and his pride in that service—and quisition that is so misguided and Assad’s ongoing slaughter of his own he deserved both joy and pride—as well wrongheaded in the way it has been civilians in Syria. Women and children as his long-fought battle here at home. handled by our own Department of De- in Syria die by the arms provided by I wish to take this occasion to en- fense. Rosoboronexport—purchased by Assad courage anyone who is suffering from If one were to stop at Stella’s corner with money financed by Russian banks post-traumatic stress, traumatic brain restaurant on Main Street in Stratford, and purchased from Rosoboronexport. injury, or any other wounds of war to CT, for lunch or a cup of coffee and ask These are well-documented crimes reach out for help. The Veterans Crisis the folks there: What do you expect against humanity—war crimes that Line is there to help you. Anyone who from your government? I think one of eventually should be prosecuted. needs that help can call 1–800–273– the things they would say is they ex- I am working with my colleague Sen- TALK. Courage is shown not only on pect the Congress and all of us here to ator AYOTTE on legislation to strength- the battlefield but afterward upon re- keep our country safe; and that when it en the contracting provisions that pro- turn when an individual in need of help comes to buying the equipment for our hibit ‘‘contracting with the enemy.’’ seeks it, as Justin did. troops and allies, we should do so, These contracts are, in effect, sup- Justin’s story also reminds us of the hands down, no doubt about it, by buy- porting enemy purchases. Before us is a heroic caregivers who take care of our ing American. It should be made in glaring example of contracting with Nation’s veterans. We owe thanks to America, manufactured in Connecticut the enemy. the people who dedicate their lives to or in the United States. Nothing could We have all heard testimony that helping those who have served. be more simple or straightforward. Yet preventing mass atrocities in Syria Joanna also deserves our thanks be- somehow that Main Street common was complicated by their air and naval cause she was there for Justin, by his sense is simply ignored across the river defense systems that prevent the pro- tection of civilians in Syria and threat- side throughout his treatment. She at the Department of Defense, the Pen- en its neighbors in Turkey and Jordan. never gave up; she never relented; she tagon, where so many decisions are Where did those systems come from? never surrendered. She was his full- made. time caregiver, participating in the Since becoming a member of the The answer is Rosoboronexport—the VA’s caregiver program. Armed Services Committee I have be- same systems that could shoot down Justin himself continued to give come aware the Department of Defense our planes if we pursue additional back. I will never forget my conversa- committed almost $1 billion to provide measures against Syrian war crimes, the same entity that arms Iran, where tions with him at that Marine Corps Afghanistan a fleet of Mi-17 heli- we currently are seeking solutions League event and afterward by email copters. Let me clarify: Russian heli- against nuclear armament, and where and phone. copters going to Afghanistan with we have said all options should be on Joanna is a strong advocate for all American tax dollars, bought from the the table in terms of our military ac- veterans, as we should all be. She stud- Russian export agency that at the tion. The Department of Defense ied psychology in college and hopes to same time is selling arms to Bashar thinks the best thing for our long-term go to law school. She wants to dedicate Assad to kill his own people in Syria. national security is to pay the Russian her life to being a veterans advocate, Since 2005, the United States has arms dealer that threatens global sta- and I commend her and all of our mili- been procuring Mi-17s to build the ca- tary families, all of our military bility and our own freedom of action. pacity of the Afghan military and is But it gets worse. Without question spouses who are there for their loved working toward a total fleet size of ap- we have overpaid for these Russian hel- ones who seek to reach out. We need to proximately 80 helicopters. The Afghan icopters. A general told me the best keep faith with those veterans. We military had approximately 50 Mi-17s way to think about these helicopters is need to know and discover what will as of last year, and this year the Army they are ‘‘flying refrigerators’’ that we conquer the demons that often threat- awarded a $572 million contract to pur- never should have bought in the first en to subdue our bravest and most self- chase another 30, with approximately place. We paid about $18 million a copy, less veterans when they come back and 15 more to come, to replace the aging while Russia sold other nations Mi-17s to give them the courage and the helicopters the Afghan military has al- for $4 million each. What a bargain. strength they need to conquer these ready run into the ground and failed to Other countries buy each helicopter for dreaded diseases that we ourselves maintain. $4 million, we pay $8 million. have a complicity in creating. We have The contract to award these heli- And it is still worse. The Army ac- an obligation and an opportunity to do copters was managed in a way to pre- quisition office that handled this con- more and we must keep faith and make vent any American helicopter compa- tract is now under investigation for sure no veteran is left behind. nies from bidding on the work, even ‘‘questionable transactions,’’ including My heart and prayers go to Justin’s though the analysis of the Department potentially improper payments to Rus- family and, of course, I know I am of Defense in 2010 concluded the made- sian companies involved in the repair joined by all the Members of this body in-America CH–47D Chinook helicopter of these helicopters as well as problem- not only in grieving but in offering our is the most cost-effective single plat- atic personal ties between the Army of- help and service if there is anything we form type fleet for the Afghan Air ficials in this office and those foreign can do. Force over a 20-year life cycle. entities. Madam President, I would like to I acknowledge I may be partial to If I went to Stella’s and I told this speak on a topic that has been dis- helicopters made in Connecticut. The absolutely remarkable story, I am hop- cussed by two of my colleagues this best helicopters in the world are made ing the folks there would say: No, you morning, the senior Senator from in Connecticut by the Sikorsky em- must be making this up. This couldn’t Texas, Senator CORNYN, and the chair- ployees who happen to stop at Stella’s happen at the U.S. Department of De- man of the Armed Services Committee, on Main Street for lunch or a cup of fense. No way in the United States of Chairman CARL LEVIN. I thank my col- coffee, and I see them there all the America, not with our tax dollars. But leagues for joining me in raising a vital time. The H–92 troop transport heli- in fact it is all true, and I have tried to issue that must be addressed by this copter or H–60 should also be consid- cite the facts as objectively and dis- body and by Alan Estevez—a well- ered by the Department of Defense for passionately as possible. qualified nominee for the position of this mission. But at the end of the day, I suspect for anybody at Stella’s who Principal Deputy Under Secretary of ‘‘made in the USA’’ ought to be the might have believed this incredible Defense for Acquisition, Technology ruling principle. Made in the USA— tale, they would have said: Well, if a and Logistics. American helicopters for the American tenth of that is true, what are you I will vote for the confirmation today military and American allies. going to do to stop it? What are you of Alan Estevez. I believe he is well In 2011, the Army contracted with the going to do to end this waste of tax- qualified and has the credentials to Russian state-owned arms export firm payer money and the insult and out- perform with distinction in this role. I Rosoboronexport. Yes, the very same rage to the American taxpayer? Well,

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7645 we did something. At my urging, and ghan requirements. We cannot walk I heard the President say you could sign up through the work of my colleagues who away from a problem that we created. in person, on the phone or on paper. But the have spoken, including Senator COR- We cannot walk away from the need for two navigators I called said that until the Web site works, they cannot help. I called NYN, Congress, in the Defense Appro- a transition. But there is a better way the 1–800 number but the healthcare.gov rep priations Act, expressly prohibited the to get there. The answer, very simply, [said his] computer froze up and could not Department of Defense from spending is buy American, buy American heli- help. I hear about the tech surge, how there any more taxpayer money on Russian copters. will be a few rough spots—Another under- helicopters and doing business with I expect Mr. Estevez will be con- statement— Rosoboronexport. firmed today. But I want to say to him and how they will be fixed. Senator, if you In fact, I wrote to the Secretary of please, as one of your priorities, figure listen to the news the problems with the sys- Defense about this program. I have out a way to end these purchases from tem are much deeper than the President let written numerous letters, and I have Rosoboronexport. You owe it to the on [in his] Tuesday [address]. I need help and met with the Chairman of the Joint Members of this body. You owe it to I don’t think the system will be in operation Chiefs of Staff. Did that stop these pur- the American people to find a way to in time for me to make an informed decision. chases? No. The $1⁄2 billion contract re- buy American and to keep faith with These are two statements from only cently signed, recently completed, now the brave men and women who will use two of the many Hoosiers who de- under way by the U.S. Army for more the equipment that you will help pur- scribed similar problems to me—which Russian helicopters, used previously chase with taxpayer dollars. I know is probably why, when asked about the appropriated funds to ignore the will of you take this responsibility seriously, ObamaCare Web site, an experienced Congress. Clearly, the spirit and intent and I hope that you will bring that se- online and database programmer told of the National Defense Authorization riousness of purpose to these issues be- CBS News, ‘‘I would be ashamed and Act was to end these purchases. The cause they are important, not just to embarrassed if my organization deliv- U.S. Department of Defense, in effect, the military and not just to taxpayers, ered something like that.’’ has defied the will of Congress. but most especially to the American We know this law passed the Senate So here we are today, almost $1 bil- men and women who wear the uniform on Christmas Eve in 2009 without any lion out the door and the near cer- of the United States of America. bipartisan support. One party alone put tainty these helicopters are going to be I yield the floor. this law into place. We now know that used to smuggle drugs—that is right, The PRESIDING OFFICER. The Sen- over $400 million have been spent to smuggle drugs in Afghanistan. That ator from Indiana. create a Web site so Americans who are purchase has occurred. The contract Mr. COATS. Madam President, I ask mandated to enroll in ObamaCare can has been completed. And we can be unanimous consent to speak as in go and sign up for it. We know that sure, just as they failed to maintain morning business. nearly 4 years of notice has been in those helicopters in the past, they will The PRESIDING OFFICER. Without place to get the Web site up. This roll- fail again in the future because the Af- objection, it is so ordered. out, as one Democratic Senator said ghan national security forces don’t OBAMACARE over the weekend, has been a disaster. have the people trained to maintain Mr. COATS. Madam President, I have If the administration, after nearly 4 the helicopters. In fact, right now it come to the floor many times over the years of effort and over $400 million, doesn’t have the people trained to fly past several months to outline the can’t get the Web site right, how in the those helicopters. And in a few years problems that we are facing with the world can anybody believe that the what the American taxpayer will have rollout of the ObamaCare law, prob- Federal Government can manage this to show for this folly is rusted scrap lems that my constituents are facing, monstrous and dysfunctional law that heaps at Bagram Air Force Base. as are people all across the country. has been imposed on the American peo- I understand that some in the Pen- While it is important to discuss the ge- ple? tagon started this program with good neric and macro effects of this law— Despite the Web site’s numerous intentions. Their thinking may have and we see it unrolling before us every glitches and many other implementa- been that the Afghans already had day—it is also important to understand tion problems, the administration still some of these helicopters in the process what the direct effects are on people at insists on fining taxpayers if they do of standing up their capability to de- a personal level. not sign up and purchase ObamaCare fend themselves, they ought to have a Last week, during our break, I trav- under the mandate. What an irony it few more, and then transition to a eled throughout Indiana and talked to is. You need to sign up or you are going more capable helicopter. I have heard a number of people. Many of them to get fined. The Web site is so dys- from our generals that we need these came up to me voluntarily to tell me functional you can’t sign up, but you helicopters because the Afghans know the effects of the confusing, complex, are still going to get fined. That is how to fly them. But the fact is this and seemingly intractable aspects of mind-boggling, head-scratching, and program was never designed to be sus- ObamaCare. Let me read for the record simply unacceptable. tainable after we leave Afghanistan. just a couple of statements that were We know that there have been nu- My hope is we will leave Afghanistan made. merous attempts to repeal this law and sooner rather than later. There is sim- An email that I received from Daniel replace it with something far more ac- ply no transition in place now or in the in Elkhart, IN, summarizes the experi- ceptable, affordable, and implement- foreseeable future to buy American, to ences of hundreds of thousands of Hoo- able. We now know that the defund ef- train those Afghan pilots how to fly siers and millions of Americans are fort, that resulted in the shutdown, those American helicopters, how to having with the Web site alone. He failed to gain the necessary votes to maintain American helicopters. wrote: achieve that goal. But attempting to When the Russians forced us to pro- I have tried for two weeks to apply through repeal this law is the responsible thing cure the helicopters from them di- the marketplace, only to electronically sign to do. In September I introduced a bill rectly, rather than excess helicopters my application and be kicked back to my to delay the roll out of the ObamaCare from countries like the Czech Republic, profile page. This is the most bizarre system mandates for a year. As the problems we should have made a course correc- I have ever experienced. If a company put a with the health care law pile up, I am business Web site together like this, they going to continue to push for this tion immediately, even if we thought would go out of business. those kinds of helicopters were nec- delay. The delay makes sense because Anthony in Indianapolis shared simi- essary in the short term. There were the program is simply too dysfunc- lar concerns. He said: options and alternatives that should tional to be implemented. have been pursued and they were not. I have been unable to get through the The bottom line, however, is that I That is why I believe the plan re- healthcare.gov Web site. My wife must no- want this delay so the American people tify our insurance company by November 15 quested by the senior Senator from if she will keep her existing plan . . . I un- have another chance to learn what is in Texas makes a lot of sense. He has derstand there are problems with the Web this law, to evaluate as to whether or asked the Department of Defense for an site. I think we all understand that at this not they want this to go forward as the alternative plan for meeting the Af- point. health care law of the United States or

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7646 CONGRESSIONAL RECORD — SENATE October 30, 2013 whether they think a viable alter- difficult it is for the Government to former U.S. Secretary of Transpor- native is that we have the responsi- manage even the first step, let alone tation Federico Pena in the 1990s, and bility to put forward—and many of us the one-sixth of the economy that more recently to U.S. Secretary of have advocated components of that— deals with our health care. This is im- Labor Hilda Solis. whether or not that alternative is the portant for all Americans. I am urging In between her years of public service better way to go. my colleagues to support this effort to in Denver and also in Washington, I know it has been said by the Presi- give the American people another Katherine consulted with charities, dent and others that in 2012 the public chance to look at a more viable and nonprofits, cities, regional govern- went to the polls to vote for the Presi- more affordable alternative. ments, and businesses to help them dential election. Therefore, that vote I yield the floor. pursue community development, work- certified that the American people sup- The PRESIDING OFFICER. The Sen- place diversity, and crisis management ported and wanted ObamaCare. ator from Colorado. strategies. First of all, that was not the primary Mr. UDALL of Colorado. Madam If you look for a common thread issue. It was one of the issues that was President, I ask unanimous consent to throughout Katherine’s career, it is her a determinative factor in the outcome address the Senate for 5 minutes. capacity and talent to work with indi- of that election but not nearly ‘‘the’’ The PRESIDING OFFICER. Without viduals and organizations, identify pri- factor, because most Americans at that objection, it is so ordered. orities, and then, notably, to create the point still had not had the opportunity Mr. UDALL of Colorado. Madam conditions for successful implementa- or the experience that they are having President, I appreciate the opportunity tion of those priorities. That is what now, finding out exactly just how this to say a few words today in support of we need at the helm of OPM. It is what law works and does not work; finding my fellow Coloradan, Katherine Americans expect and demand. out all the dysfunction and learning Archuleta, and her nomination to be As we look at Katherine’s career, she that all of those campaign promises Director of the Office of Personnel has demonstrated an ability to lead, to made or promises made when the law Management. I have known her for motivate, and to work constructively was passed have simply been broken. years and have tremendous respect for with a diverse range of people and per- ‘‘You can keep the insurance policy her. She has given much of her life to sonalities. She is a true westerner. She that you have now. No problem. Won’t public service, and her dedication to has personal integrity. She has a cost a penny more. No problem.’’ her community, her State, and her strong sense of right and wrong, she On and on it goes. ‘‘Keep the doctor country is a testament to her char- has obvious pride in the work she does, that you want.’’ Americans are finding acter. I am very confident that she will and that makes her a topnotch choice out that none of this is true. ‘‘Pre- be a steady hand at the helm of OPM. to lead our Federal workforce. miums will not rise.’’ Premiums are I urge all my colleagues to support her For all those reasons, I am honored rising for many Americans. ‘‘This will confirmation. to speak in support of Katherine be easy. Go to a Web site, sign up, Not everyone watching may be famil- Archuleta’s nomination, and hopefully punch in, put your name in, you are on iar with the Office of Personnel Man- we will confirm her quickly. She is board. Everything will be great.’’ agement, but it is an important agen- eminently qualified for this position, None of this has worked. Why not cy. Let me talk about Colorado in that and she deserves an up-or-down vote as delay this process, not just to learn context. Thousands of Federal employ- soon as possible. what is here, but to give the American ees are in Colorado, including those I thank the Presiding Officer, and I people another opportunity to vote, to who are helping to rebuild our State in yield the floor. walk into the polling booth. A number The PRESIDING OFFICER (Mr. the wake of September’s tragic flood- of Members will have to stand up and SCHATZ). All time has expired. ing count on OPM. It is a critical part either explain why they supported this The question is, Will the Senate ad- of the integrity and strength of the en- or why they didn’t support it. Ameri- vise and consent to the nomination of tire Federal workforce. It is respon- cans will have a choice. We will put al- Alan F. Estevez, of the District of Co- sible, among other duties, for employee ternatives in front of them. lumbia, to be a Principal Deputy Under recruitment and employee retention That is the purpose of the delay for a Secretary of Defense? year: No. 1, because it is dysfunctional; and for managing Federal benefit and The nomination was confirmed. retirement programs. No. 2, because Americans deserve a sec- CLOTURE MOTION We all expect Federal agencies and ond chance to express their opinions on The PRESIDING OFFICER. Under departments to function effectively this bill. This has already been passed the previous order, pursuant to rule and efficiently for our constituents. As by the House of Representatives. My XXII, the Chair lays before the Senate someone who ran a nonprofit in Colo- colleague, Representative TODD YOUNG the pending cloture motion, which the rado for 10 years, I know the impor- of Indiana sponsored that. It gained bi- clerk will state. partisan support, and 22 Democrats, tance of maintaining a talented and The bill clerk read as follows: motivated workforce. Strong workforce House Democrats, recognized the need CLOTURE MOTION management leads directly to better to give Americans the same relief from We, the undersigned Senators, in accord- ObamaCare that businesses are receiv- work, better service, and better out- ance with the provisions of rule XXII of the ing. Delay on the employer mandate, comes, which is why it is so important Standing Rules of the Senate, hereby move which the President has proposed and to have someone leading OPM who is to bring to a close debate on the nomination put into practice, and doing that for an advocate for Federal employees and of Katherine Archuleta, of Colorado, to be the individuals and families who do not also a strong manager with high expec- Director of the Office of Personnel Manage- tations. ment. fall under the employer category only, Harry Reid, Bill Nelson, Barbara A. Mi- is a matter of fairness. That also is Again, that is why I stand here this morning. I believe Katherine will be kulski, Patty Murray, Barbara Boxer, something that has to be addressed. Bernard Sanders, Amy Klobuchar, Carl Recently, several Senate Democrats this type of leader. She has years of Levin, Thomas R. Carper, Jr., Tim have come out in support of delaying high-level management experience. She Johnson, Patrick J. Leahy, Max Bau- parts or all of the President’s health is sharp, hard working, and she is dedi- cus, Robert Menendez, Richard J. Dur- care law as well. I think the oppor- cated to the goal of making govern- bin, John D. Rockefeller IV, Tim tunity is before us to put the brakes on ment work as effectively and effi- Kaine, Mazie K. Hirono. trying to jam through something that ciently as possible. The PRESIDING OFFICER. By unan- simply is dysfunctional and not work- She has an impressive resume, as I imous consent, the mandatory quorum ing and secondly to give the American noted at her hearing when I had an op- call has been waived. people the opportunity to go back to portunity to introduce her. She has The question is, Is it the sense of the the polls and decide whether or not local and State-level experience. She Senate that debate on the nomination this is the way they want their health served senior roles in two Denver may- of Katherine Archuleta, of Colorado, to care programs to go forward. oral administrations as well as exten- be Director of the Office of Personnel We have had nothing but broken sive experience here in Washington Management, shall be brought to a promises. We are learning about how serving as the chief of staff to the close?

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7647 The yeas and nays are mandatory OPM, the office to which this nomi- administration issued a special rule under the rule. nee is nominated and which she would with no basis in the law, in my opinion, The clerk will call the roll. head, has issued an illegal rule that is no basis in the ObamaCare statute. The bill clerk called the roll. very offensive and flies in the face of This special rule was a special exemp- Mr. CORNYN. The following Senator the ObamaCare statute language itself, tion for Congress, a carve-out to take is necessarily absent: the Senator from and this nominee has pledged to con- all of the financial sting out of that Oklahoma (Mr. INHOFE). tinue to enforce that illegal rule and il- ObamaCare section. The PRESIDING OFFICER. Are there legal policy. What this special OPM rule is—and, any other Senators in the Chamber de- Furthermore, OPM has completely again, OPM, the Office of Personnel siring to vote? stonewalled Members, including my- Management, was the agency that The yeas and nays resulted—yeas 81, self, my colleague Senator HELLER, and came up with this illegal rule after this nays 18, as follows: others regarding how they came to furious lobbying, after President [Rollcall Vote No. 224 Ex.] that decision and, importantly, whom Obama became personally involved, lit- YEAS—81 they talked with, whom they e-mailed erally personally participated in the Alexander Gillibrand Murphy with, and whom they met with in com- discussions leading to this rule. What Baldwin Grassley Murray ing to the decision to create this ille- this illegal rule does is essentially two Baucus Hagan Nelson gal Washington exemption. things. First of all, the rule says: Well, Begich Harkin Paul Bennet Hatch Portman Let me back up a little bit and ex- ‘‘official congressional staff’’—we do Blumenthal Heinrich Pryor plain exactly what we are talking not know who that is. We cannot pos- Blunt Heitkamp Reed about. Really, this story started sev- sibly determine who official congres- Boxer Hirono Reid Brown Hoeven Rockefeller eral years ago in the ObamaCare de- sional staff are, so we are going to Cantwell Isakson Sanders bate. During the original debate on the leave it up to each individual Member Cardin Johanns Schatz ObamaCare statute, several conserv- of Congress to figure out who is their Carper Johnson (SD) Schumer atives, including myself, pushed an official staff. Casey Kaine Scott Chambliss King Sessions amendment that said every Member of Well, I would submit that is just ludi- Chiesa Kirk Shaheen Congress and all of our official congres- crous on its face. Congressional staff is Coats Klobuchar Shelby sional staff have to use the same fall- congressional staff. Official staff is Cochran Landrieu Stabenow Collins Leahy Tester back plan as is there for all other anyone who works for us through the Coons Levin Thune Americans—originally, it was called institution of Congress versus outside Corker Manchin Toomey the public option, and then it became entities and institutions, such as our Crapo Markey Udall (CO) known as the exchanges—no special campaign staff. So leaving it up to Donnelly McCain Udall (NM) Durbin McCaskill Warner rules, no special treatment, no special each individual Member of Congress is Feinstein Menendez Warren subsidy. In fact, that is one of the very contrary to the statute on its face. It is Fischer Merkley Whitehouse few battles in that debate we won be- outrageous on its face. But under this Flake Mikulski Wicker Franken Murkowski Wyden cause that provision was adopted dur- OPM rule, that is exactly what they ing the consideration of the do. So an individual Member of Con- NAYS—18 ObamaCare statute. It was adopted gress can say: Well, these 10 people are Ayotte Cruz McConnell right here in the Senate. not official staff. They are on my staff, Barrasso Enzi Moran So in the statutory language as it fi- Boozman Graham Risch but for some magical reason they are Burr Heller Roberts nally passed into law is that section, not official for purposes of this man- Coburn Johnson (WI) Rubio and that section says very clearly that date. In fact, under this rule a Member Cornyn Lee Vitter every Member of Congress and all of can say: Nobody on my congressional NOT VOTING—1 our official congressional staff have to staff is official staff for purposes of this Inhofe go to the ObamaCare exchanges for our mandate. And we see Members doing The PRESIDING OFFICER. On this health care—the same fallback plan as that as we speak. We see examples of vote, the yeas are 81, the nays are 18. is there for all other Americans—no that being reported in the press as we Three-fifths of the Senators duly cho- special rules or privileges or subsidies speak—Members deciding, ‘‘Well, no- sen and sworn having voted in the af- or exemptions. We go there. Well, I body is official staff. I do not have offi- firmative, the motion is agreed to. guess this became an example of what cial staff’’ because it will mean they NANCY PELOSI was talking about when will have to go to the ObamaCare ex- f she famously said: Well, we have to change and live by the same rules NOMINATION OF KATHERINE pass the law in order to figure out what through the same experience as other ARCHULETA TO BE DIRECTOR OF is in it—because the law did pass. It Americans. That is flatout ridiculous. THE OFFICE OF PERSONNEL had that specific statutory provision. But that is not the only thing the MANAGEMENT Then people on Capitol Hill started OPM rule did. It did a second thing The PRESIDING OFFICER. The reading it, and they came to that sec- that is perhaps even more outrageous. clerk will report the nomination. tion and a lot of them said: Oh, you It said Members of Congress and staff The bill clerk read the nomination of know what. We can’t live with this. We who do go to the exchange—they get to Katherine Archuleta, of Colorado, to be can’t have this. We can’t be pushed to take along with them a huge taxpayer- Director of the Office of Personnel the same fallback plan as all other funded subsidy that no other American Management. Americans. We can’t stand for this. at similar income levels has, enjoys, The PRESIDING OFFICER. Pursuant From that moment on, a furious lob- going to the ObamaCare exchanges. to the provisions of S. Res. 15 of the bying campaign and scheming behind This is a huge subsidy worth at least 113th Congress, there will now be up to the scenes started to avoid that provi- $5,000 for individuals and $10,000 or 8 hours of postcloture consideration of sion fully going into effect, to avoid $11,000 for families. Again, no other the nomination equally divided in the the pain of that provision, the pain of American at similar income levels is usual form. ObamaCare that millions of other privy to that sort of subsidy. The Senator from Louisiana. Americans are facing as we speak. Again, I believe this part of the OPM Mr. VITTER. Mr. President, I rise to Meetings happened, leadership meet- rule is flatout illegal. It is not in the speak on this nomination and to op- ings happened, Member meetings hap- ObamaCare statute. There was discus- pose it because of the recent actions of pened, furious scheming behind the sion of it. There were drafts that al- the Office of Personnel Management scenes, and a lot of lobbying. Ulti- lowed that to happen, but the language with regard to the Washington exemp- mately, that lobbying of the Obama ad- that was put in the law did not include tion from ObamaCare. I voted just now ministration paid off because in early that subsidy. It was specifically left against cloture on the nomination, and August of this year, right after Con- out. And, in fact, magically trans- I will vote against the nomination gress got out of town for the August re- forming what was, under previous law, itself later today because of these very cess, conveniently right after Congress a Federal employees health benefits serious matters. left the scene of the crime, the Obama plan subsidy, magically transforming

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7648 CONGRESSIONAL RECORD — SENATE October 30, 2013 that into some ObamaCare exchange is the more appropriate term—to all of ference committee will finally convene subsidy—that is contrary to law, and my and other Members’ inquiries about for the first time, bringing us one step that is beyond OPM and the adminis- the process they used to come up with closer to finishing the farm bill. I know tration’s legal authority, but they just this illegal rule. I have written OPM the Presiding Officer, being from Wis- did it because they could to bail out several times. I wrote them imme- consin, understands how important Washington, to bail out Congress. Well, diately after their draft rule was this is to our country’s future, and cer- this is outrageous and it is illegal. issued. I wrote them very soon after tainly the farmers, businesses, and As soon as I heard of this proposed their final rule was issued. I specifi- families in Minnesota understand how rule in early August, I joined with cally wrote them demanding all emails important this bill is. We have waited many colleagues, House and Senate, and other correspondence and other a long time to go to this conference and I appreciate all of their leadership. documentation and information they committee. The Senate has passed two I am joined by many colleagues in the had from Members of Congress, from farm bills now that continue the strong Senate whom I specifically want to ac- leadership, from the administration policies of the last farm bill but in fact knowledge, who are fighting for this with regard to the work and discussion reduce the debt by $24 billion over the change: Senators ENZI, HELLER, LEE, that went into their rule. farm bill that is currently in place. I JOHNSON, INHOFE, CRUZ, and GRAHAM. Other colleagues of ours here in the am part of the group that negotiated We are also joined by House Members, Senate and also in the House have done the details of the bill to help finish the led by Representative RON DESANTIS of the same. My distinguished colleague process which started over 2 years ago. Before I go on about the details of Florida. All of us quickly got together from Nevada DEAN HELLER talked to and said: This is illegal, this is wrong, the then-OPM Director face to face. He the Senate bill, I thank Chairman STA- BENOW for her incredible leadership and and we have to stop it. asked the OPM Director: Did you speak perseverance in getting us to this point So we came up with language to do with, were you lobbied by Members of that has been so long awaited. Under just that, to reverse this illegal OPM Congress or the administration about Chairman STABENOW’s leadership, the rule and to make sure that every Mem- this rule? That Director said: No, abso- Senate Agriculture Committee put to- ber of Congress and all of our congres- lutely not. It now turns out that appar- gether a farm bill that strengthens the sional staff go to the ObamaCare ex- ently is a lie. According to other safety net for our Nation’s farmers and changes and that we go there just like sources, there absolutely were discus- ranchers, reforms and streamlines our other Americans go there—no special sions, communications, emails, and the agriculture, conservation, and nutri- exemption or special subsidy or special like between congressional leadership tion programs while still keeping them treatment. Our fix also expands that to and the administration and OPM. So strong, and, as I mentioned, reduces $24 the President, the Vice President, their DEAN HELLER was lied to face to face billion from the Nation’s debt. White House staff, and all of their po- about this by OPM. Throughout the process we faced un- litical appointees because that is ap- I have asked for all of the emails, all precedented challenges and delay. We propriate as well. So our language says of the correspondence, all of the discus- had the lack of a dance partner over in to all those folks—Congress and the ad- sions that happened leading up to this the House, but then of course we had ministration—you have to get your rule involving Members of Congress, the traditional issues—regional dis- health care the same way other Ameri- leadership, and also the President and putes about how certain crops and cans are in the backup plan, in the fall- the Vice President and members of commodities should be handled, a few back plan, in the so-called exchanges. their administration. That request for partisan issues here and there, but You go to the exchanges, and you get information has been completely somehow we were able to come to- no special treatment, no special ex- stonewalled. gether to the point where the Senate emption, no special subsidy. So, first, OPM caves to intense lob- bill was supported by 68 Senators, in- This is very important for two rea- bying from Washington insiders. Sec- cluding 18 Republicans. I believe this is sons. First of all, basic fairness. It ond, it caves and issues an illegal rule a testament to the open process we should be the first rule of American de- contrary to the statutory language of had, the endless amendments we voted mocracy that what Washington passes ObamaCare. Third, it stonewalls re- on on the floor, as well as the strong on America, it lives with itself. Wash- garding the process and the conversa- committee that was brought together ington should have to eat its own cook- tions and the emails that led to that il- to work on this bill. ing. It is like going to a restaurant and legal rule. No matter where I go in my State— hearing that the chef in the kitchen We cannot stand for that. That is and I am sure the Presiding Officer has never eats there. Something is wrong precisely why I am opposing this OPM seen this in Wisconsin—I am always re- with that restaurant. Something is nomination and why I voted no on clo- minded of the critical role agriculture wrong with that picture. And some- ture and why I will vote no on the nom- plays in our economy. Minnesota is No. thing is wrong with Washington when ination. We need answers. We need to 1 in turkeys—something we think of a Washington exempts itself over and reverse this illegal rule. Yes, we need a lot as we head into the Thanksgiving over from eating its own cooking. vote on the Vitter amendment the dis- season. We are No. 1 in sweet corn, The second reason this is important tinguished majority leader and others green peas, and oats, and No. 2 in hogs. is a very practical one because the have blocked for months now. We need I don’t think people would think about sooner we demand that Washington that vote. We need that vote that has that with our State, but we have sur- live by exactly the same rules it im- been actively blocked by the majority passed some other States. But we are poses on America, the sooner Wash- leader for months. No. 2 in hogs and spring wheat, and No. ington will start getting things right Let’s do things right. Let’s get that 3 in soybeans, and No. 4 in corn. on ObamaCare, on taxes, on regulation information from OPM. Let’s reverse But we don’t just grow the crops and across the board. So for that very prac- this illegal rule. Let’s vote on this im- raise the livestock. We are also home tical reason, we need to make sure the portant matter. to a number of major agricultural com- same rules apply to Washington the I suggest the absence of a quorum. panies which have kept our economy same way they apply to the rest of The PRESIDING OFFICER (Ms. strong, and is one of the reasons our America. BALDWIN.) The clerk will call the roll. unemployment rate is down to 5.1 per- Let me come back to OPM because The legislative clerk proceeded to cent in Minnesota. These companies in- what we are debating is the nominee to call the roll. clude Hormel, Cargill, General Mills, head the Office of Personnel Manage- Ms. KLOBUCHAR. Madam President, coops such as CHS, and Land o’ Lakes. ment, OPM, the bureaucracy that came I ask unanimous consent that the order That is why one of the first things I did up with this illegal rule. That nominee for the quorum call be rescinded. when I came to the Senate was ask to has pledged to continue to enforce that The PRESIDING OFFICER. Without be on the Agriculture Committee. I am illegal rule, to continue to defend that objection, it is so ordered. honored to serve on this conference illegal rule. THE FARM BILL committee and to team up with my Also, OPM, to date, has been com- Ms. KLOBUCHAR. Madam President, friend and House colleague, Represent- pletely unresponsive—‘‘stonewalling’’ this afternoon the 2013 farm bill con- ative COLLIN PETERSON, who will be

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7649 leading the Democratic side in the is 1949, and we certainly don’t want to licans, including Senators in my part House, as well as Congressman Tim farm like it is 1949. of the country such as Senator GRASS- Wells who represents the southern part The failure to come together and re- LEY and Senator HOEVEN. of our State. solve the differences between the two I know that important differences The expiration of the current farm bills now would likely result in either need to be worked out, especially in bill on September 30 is hurting our ag- 1949 prices or some kind of extension. the areas of nutrition. I think we can ricultural economy and is creating a And guess what. Ask the farmers and do that. But, again, given what we are huge amount of uncertainty for our ranchers about that in South Dakota seeing in terms of the cuts over on the farmers and for our consumers. Last who just saw a decimation of their cat- House side, we have to get them much week I visited with Minnesotans from tle because of the sudden cold weather closer to where we are in the Senate across the State who want Congress to and blizzard they experienced in South bill, which is something that will keep pass a farm bill. I was in Kiester, MN, Dakota. This current bill that is in a safety net not just for our farmers, where I got to ride in a combine and place does nothing to provide a safety not just for our conservation and our see the good work of our farmers as net for them that used to be in place pheasants and our wildlife, but also for they harvested the corn. I have to say but isn’t in place because of the fact we the people of this country. that sitting in the combine after the 3 haven’t passed a permanent farm bill. I believe the people who grow our weeks of the shutdown was actually It does nothing, if we simply ex- food deserve to know that their liveli- quite rewarding, as I saw firsthand you tended it, about energy programs or hoods cannot be swept away in the could actually get results very quickly about changes we need to see in the blink of an eye, either by market fail- in a combine, which I hope will happen milk program or about reforms or the ures or by natural disasters. That is in Congress as we move ahead. streamlining of our conservation pro- why in the Senate farm bill the founda- From farmers in Redwood County to grams. We simply cannot afford to do tion of the safety net is a strengthened the Red River Valley to volunteers at a that again. crop insurance program. We made the food bank in Minneapolis, where we Finally, it does nothing to reduce the program work better for underserved also had a joint event with hunger debt if we simply extend the current commodities and specialty crops. groups, conservation groups, including program. In recognition of the importance of Pheasants Forever, which is based in Farmers and ranchers do not want crop insurance, we extended conserva- Minnesota, and the Farm Bureau and another extension like the one we saw tion compliance rules to this program the Farmers Union, we all came to- last year that left out the programs I to ensure that all producers benefiting gether to say we had to get this done. just mentioned, the livestock disaster from this safety net play by the same I journeyed up to the Moorhead area program, any significant deficit reduc- set of rules and keep our water clean and joined Senator HOEVEN in Fargo. tion. I believe the Senate bill lays a and soil productive for future genera- We like to call it Moorhead-Fargo in strong foundation for a conference tions. Minnesota instead of Fargo-Moor- agreement that can be supported on a This agreement has the support of head—two towns divided by a river but bipartisan basis and signed into law by agriculture, environmental wildlife joined by many common interests. We the President. To put it more directly, leaders, including the National Farm- met there with farmers about the im- over the weekend I got a call from Greg ers Union and the National Corn Grow- portance of sugar beets and about the Schwarz, who works with the Min- ers Association, as well as the Environ- importance of a strong farm bill for nesota corn growers. He was hard at mental Defense Fund and Ducks Un- that region of the country. work, bringing in the harvest. He actu- limited. That is quite a crew. Through my week I quickly heard— ally was calling me while driving his In our charge to do more with fewer as I am sure the Presiding Officer did combine. His words offer some perspec- resources, the Senate bill pulls back on in Wisconsin—that the people of this tive, as they were passed on to me, crop insurance subsidies for the country are sick and tired of gridlock about where we have been and where wealthiest farmers, while ensuring that politics, they are sick and tired of peo- we need to go. He said: everyone can still participate in the ple standing in opposite corners of the We have been working on this farm bill for program, keeping the risk pool strong. boxing ring and throwing punches. over 2 years now, and we just want to get it We also eliminated direct payments They are sick and tired of the red- done. Farmers are working around the clock and further focused commodity title light, green-light game that has been on this year’s harvest, and if you don’t hear programs on our family farmers by played with policy. It is time to come from us, it is not because we don’t care, it’s strengthening payment limits on rules together and get this done. because we have work to do. that ensure that farmers and not urban I am convinced if there is any silver Greg is right. Members of the farm millionaires are eligible for farm pay- lining or hope that came out of the bill conference committee have work ments. chaos of last month, it is that the to do as well. I believe that Washington We continued the successful sugar American people saw firsthand why we should strive to be more like the farm- program, funded the livestock disaster need change and why we need to work ers and ranchers that we represent who programs, which I mentioned earlier, together. That is why in fact Senator work and hope they get the job done. and put in place a new safety net for HOEVEN and I came together across the They can’t leave a bunch of corn or dairy producers to address the wild vol- river, to make a very strong statement soybeans in the field just because they atility in that market. No one knows that we thought we had to get this bill get sick of it or they don’t like their that better than those in the State of done. neighbor. They have to finish the job. Wisconsin, the home of a lot of cheese, As a member of the conference com- If it starts getting cold or if it is rain- the home of a lot of cows and a lot of mittee, I know that if we don’t pass a ing, they have to bring that harvest in dairy. new farm bill, farmers will not be able before there is a blizzard. That is what We streamlined conservation pro- to sign up for crop insurance, some- they do, and that is what we need to grams from 23 to 13. Specifically, I thing that is so central to this new bill do. We have a time deadline here, an worked with COLLIN PETERSON to en- and is part of the $24 billion in debt re- important reason we need to get mov- sure that local communities such as duction. They won’t be able to sign up ing on this bill. those in the Red River Valley have for a conservation program at a time I would like to highlight some areas tools they need to address conservation when we need more conservation, when of the Senate bill that I believe need to challenges like flooding. The bill funds we see a decline in our pheasant popu- be preserved as part of the final agree- energy title programs to extend home- lation, where we have seen the signs ment as near as possible to the way grown renewable energy production. that we need to have strong conserva- they are right now. I recognize there When you look at our reduction in tion programs. We would also see a will be some compromise, but I think dependence on foreign oil, from 60 to 40 skyrocketing of dairy prices as we whatever compromise needs to be percent in just the last few years—yes, would be going back to the farm bill worked out should be closer to the bi- you look at the increased domestic that was passed in 1949. As I like to say partisan Senate bill that, as we know, drilling and natural gas; yes, you look at home, we don’t want to party like it had the support of 18 Senate Repub- at the facts that we finally increased

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7650 CONGRESSIONAL RECORD — SENATE October 30, 2013 gas mileage standards that made a big rural businesses produce homegrown and the cost of nutrition programs will difference in this country, but you also energy. I was pleased to get the strong continue to fall as the economy im- look at biofuels which are now 10 per- support of our committee for that proves. In this way, nutrition programs cent of our Nation’s fuel supply. amendment, and I am pleased it is in- operate a lot like the farm safety net These bills ensure that we are work- cluded in the final Senate bill. for agricultural producers. Just as ag- ing to support our farmers and workers In the Senate we also preserve the es- riculture payments spiked during the in the Midwest and not the oil cartels sential nutrition programs that mil- 2012 drought, which was the worst since in the Middle East. That is why I lions of families and children rely on the 1950s, the need for nutrition assist- strongly support mandatory funding every day. In recent years, programs ance, for example, similarly increased for the energy titles to help provide in- such as the Supplemental Nutritional when our economy was struck with the centives for homegrown energy produc- Assistance Program, also known as worst recession since the 1930s. tion from the next generation of SNAP, became especially important as When farmers are blessed with a biofuels to blender pumps. This is a hard-working families and seniors were strong harvest or when workers bring vital industry in States such as mine, suddenly cashed-strapped but still in home a paycheck from a new job, we supporting thousands of jobs and mil- need of groceries. One of my prede- have designed agriculture and nutri- lions of dollars in economic growth. I cessors—in fact I have his desk—Vice tion programs to adjust accordingly appreciate the support of my colleague President Hubert H. Humphrey, was an and be reduced. Senator FRANKEN for this important early champion of the food stamp pro- I believe that instead of trying to industry. As many of us understand, we gram now known as SNAP. As one of find ways to make people ineligible for want an ‘‘all of the above’’ energy ap- the founders—Humphrey was one of the nutrition assistance, we need to focus proach that includes oil, includes nat- founders of the Democratic-Farmer- on real solutions that put people back ural gas, but also includes biofuels. Labor Party in Minnesota—he under- to work. This farm bill is an oppor- The Senate bill ensures that our en- stood the importance of a stable gov- tunity to do that, as are a number of ergy innovators have the certainty and ernment policy for both agricultural these efforts—Innovate America, work- stability they need to develop the next producers as well as families struggling force training—and bringing in other generation of American energy. to put food on the table. things we should be focused on, bring- The Senate bill also includes a num- That is why we have always seen this ing the tax reform in, bringing the cor- ber of initiatives for beginning farmers combination of these programs. It porate tax rate down and paid for. But and ranchers, including two of my pro- makes sense—food comes from farms. if we continue to engage in the brink- visions. The first provision I produced Food is a safety net for the people of manship as we did in the last month we with Senator BAUCUS, which would re- this country, as are the farm provi- will never get to the core issue. I be- duce crop insurance costs for beginning sions, which are actually a minority of lieve our country is on the cusp of eco- farmers by 10 percent. The second pro- the provisions in this bill. The farm nomic expansion. I believe we have so vision that I have introduced with Sen- provisions provide a safety net for many opportunities out there when ators JOHANNS, BAUCUS, and HOEVEN those who provide food. What we have you look at how we are situated with would allow beginning producers to use done with this bill, of course, is reduce the increase in manufacturing and ex- conservation reserve program acres for some costs and made it more efficient ports. We need to do work with the im- grazing without a penalty. I believe but still kept a strong safety net. migration bill to help the economy that both of these provisions will go a For more than 40 years we have move forward, instead of what we went long way in building the next genera- linked together food and farm policy in through last month. tion of farmers who will grow our food 5-year farm bills. Nearly 72 percent of I think this farm bill is the first supply. Both of these provisions should the SNAP participants are families chance to show that, out of this chaos, be included in the final bill. with children, and more than one quar- came something positive. It is a 5-year I believe that if we want to recruit a ter of participants are in households farm bill. It worked in the past. It new generation of farmers and ranchers with seniors or people with disabilities. brings the debt down by $24 billion. It we must take further action to im- This is not the time to make the deep is a bipartisan bill. Let’s show the peo- prove the quality of life in our small cuts, as proposed in the House bill, to ple of America that we mean business towns and our rural areas. That is why programs that provide important nu- about working across the aisle. I worked with Senators HOEVEN and tritional support for working families, I see my colleagues here from Ten- HEITKAMP, and I led the amendment to low-income seniors, and people with nessee. I have just about 3 minutes provide additional resources for crit- disabilities with fixed incomes. more on a very different topic, and ical priorities in the farm bill, includ- Yet what we have seen is that those that is the nomination of Patty Millett ing research—something the Presiding cuts—which we will be discussing—on to the DC Circuit Court. Officer knows something about from the House side include 170,000 veterans In the past few weeks, as I men- the University of Wisconsin—as well as who would be cut off from food assist- tioned, we have made some efforts to rural development, conservation, and ance if the House bill were to pass. The come together and get work done on energy. Senate bill, on the other hand, makes behalf of the American people. There Our provision funds the new non- reforms that were necessary, that are many of us who work together in profit foundation, the Foundation for bring the debt down by $4 billion, re- relationships of trust, and I hope that Food and Agricultural Research, to le- forms that were necessary. So it is not continues with regard to nominations. verage private funding with a Federal like there were no reforms to this pro- Patty Millett would make an excel- match to support agricultural re- gram in the Senate bill. As I noted, 68 lent addition to the court on the DC search. It provides additional funds to Senators voted for this bipartisan bill, Circuit, and I urge my colleagues to address the $3.2 billion backlog of including 18 Republicans. vote for cloture and to confirm her water and wastewater projects in rural The cuts proposed by the House are without delay. America. You literally cannot go to a in addition to the $11 billion cuts to Patty Millett has extensive Federal region of any State in rural America the program that will go into place appellate and Supreme Court experi- without hearing about this backlog of this Friday, when the American Rein- ence. She previously served 15 years as rural wastewater and water projects. vestment and Recovery Act supple- an attorney on the appellate staff of This amendment that we passed helps mental nutrition payments expire. the U.S. Department of Justice, Civil with that. This program is already moving in Division, and then as an assistant to It also increases funding for a re- the right direction. As the economy the Solicitor General. She has argued gional approach to conservation to ad- has improved, nutrition assistance has 32 cases in the Supreme Court—32—in dress a variety of challenges, including been further focused on families in addition to dozens of cases in other ap- the flooding that we saw in the Red areas with the greatest need. In fact, pellate courts across the country. In River Valley. The provision also added the CBO projects that without any addition to her work for the Justice an additional $100 million to the energy changes to the program, the number of Department and in private practice, title to help farmers, ranchers, and people eligible for nutrition assistance she has also devoted substantial time

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7651 to pro bono work. Ms. Millett clearly to do what she says is the highest Fannie Mae and Freddie Mac. I look forward has an impressive professional back- honor you can have; that is, public to working with Representative Watt in his ground, but even outside the legal service. new role to find new ways to facilitate more She should be confirmed without private sector involvement in the housing world she volunteers as a literacy tutor and mortgage markets. and for the homeless in the DC area. delay. The Senate should have con- Recently, the National Association of She was given the Attorney General’s firmed her this week. We heard from Home Builders sent a letter in support Distinguished Service Award for rep- the American people—we all heard this of Congressman WATT’s nomination, resenting the interests of the United when we were home—how they are sick stating: States before the Supreme Court and and tired of this kind of delay and par- the National Association of Attorneys tisanship. She is a fine, highly quali- During Representative Watt’s tenure on the House Financial Services Committee, he General award for assistance to the fied nominee. She should get an up-or- has proven to be a thoughtful leader on hous- States in preparation for their appear- down vote. ing policy. The FHFA needs a permanent di- ances before the Supreme Court. Ms. I yield the floor. rector with his leadership capabilities. Millett is the kind of woman we should The PRESIDING OFFICER (Mr. DON- The National Association of Realtors have on the bench. It should be no sur- NELLY). The Senator from South Da- has also sent a letter of support prais- prise that the nonpartisan American kota. ing Congressman WATT by stating: Bar Association committee that re- Mr. JOHNSON. Mr. President, I rise The Director of the FHFA must weigh the views every Federal judicial nominee to speak on behalf of Congressman MEL costs of action and inaction with the benefits unanimously gave her its highest rat- WATT to serve as director of the Fed- of protecting the taxpayer, and ensuring ing, and over 100 leading lawyers and eral Housing Finance Agency. that the housing sector can stabilize and law professors wrote a letter in support It has been over 5 years since the grow. Mr. Watt has the experience and skill of her nomination. This letter included FHFA’s inception, and it still has necessary to ensure that both are handled in a manner that will benefit our nation. 7 former Solicitors General who served never had a confirmed Director. First, under Democratic and Republican Senate Republicans blocked President It is time we finally confirm a Direc- Presidents alike. Obama’s original nominee for the post, tor for the FHFA, to ensure stability Clearly there can be no question she Joe Smith, who was a technocrat. and confidence in the housing market. has the experience and ability to sit on Today they are trying to block Con- Congressman WATT has the experience, the Federal bench. She also has the gressman WATT because they say he is intellect, and temperament to succeed support of the Fraternal Order of Po- a politician and not a technocrat. as Director, and there is no legitimate lice, the Police Executive Research But they forget that Congressman reason why Congressman WATT should not be confirmed. At a minimum, as a Forum, the National Women’s Law WATT has over 40 years of experience in Center, the Women’s Bar Association, housing, real estate, and other finan- sitting Member of Congress, he de- and the National Congress of American cial services issues. Before coming to serves the courtesy of an up-or-down Indians. Congress, he practiced business and vote. I urge my colleagues to vote yes Ms. Millett is well qualified, and we economic development law and person- on the motion to invoke cloture so we should confirm her now. ally walked hundreds of families can proceed to an up-or-down vote on Congressman WATT’s nomination. One justification—and there is only through real estate closings. one that I have heard and I don’t think I yield the floor. In Congress, he has served on the The PRESIDING OFFICER. The Sen- it is a good one, and I am about to de- House Financial Services Committee ator from Tennessee. bunk it. The only justification I have for the past 21 years. In that capacity, Mr. ALEXANDER. Mr. President, the heard is not about her at all, it is about he was one of the first Members to rec- majority leader says it is time to cut the DC Circuit. Some of my colleagues ognize the need for action on predatory off debate and vote on the President’s think they should remain with three lending. With great foresight, he intro- nominees to fill three vacancies on the openings on the bench. I don’t think duced the Prohibit Predatory Lending District of Columbia Court of Appeals. this argument squares with the facts. Act in 2004 and introduced it every I will not vote to end debate now be- Currently, 3 of the 11 seats on the DC Congress until it became the founda- cause I think such a vote would be pre- Circuit are empty. According to the tion for the qualified mortgage provi- mature. Administrative Office of the Courts, sion of the Wall Street Reform and Before the Senate has an up-or-down senior judges—judges who are partially Consumer Protection Act of 2010. If we vote on the three judges, there is some- retired—are now involved in over 40 had all listened to Congressman WATT thing else we ought to do first. We percent of the cases that are decided on before the housing crisis, then thou- should first consider the bipartisan the merits. sands of consumers might have avoided proposal that was made 10 years ago to Before he was our Supreme Court being scammed into unsafe mortgages have the right number of judges on this Justice, John Roberts was confirmed to that ultimately led to foreclosure. Federal appellate court. For more than sit on the DC Circuit. Ten years ago Congressman WATT has also shown a a decade, Senators of both parties have when Chief Justice Roberts was con- commitment to housing finance re- argued that this court has more judges firmed to sit on that circuit, the aver- form. In 2007, he partnered with Con- than it needs and that other Federal age judge on that court had only 125 gressman Frank and introduced a bill appellate courts have too few. In 2003, pending cases. Today, with 3 vacancies to reform Freddie and Fannie. This bill 2005, and 2007, with a Republican Presi- on the court, that number is 185 cases. eventually led to the Housing and Eco- dent in the White House, Republican Those are the complex cases that are nomic Recovery Act, which established Senators SESSIONS and GRASSLEY intro- pending. Even if we fill all the empty the FHFA. duced legislation to reduce the number slots, the judges on the DC Circuit will Industry groups, consumer advo- of seats on the DC Circuit. still have more pending cases on aver- cates, and fellow Members of Congress In 2006, they were joined by a distin- age than John Roberts did when we have recognized Congressman WATT’s guished group of eight Judiciary Com- confirmed him to sit on the DC Circuit impressive track record and support mittee Democrats who made the same back in 2003. him for this position. argument. These included the chair- There are no excuses. We have a fine- One of his home State Senators, and man, Senator LEAHY, Senator SCHU- ly qualified nominee, with 32 Supreme the Republican Senator who probably MER, Senator Feingold, Senator Ken- Court arguments, support of the non- knows him best, has supported his nedy, Senator FEINSTEIN, Senator DUR- partisan group that looks at these nomination from the beginning. Short- BIN, Senator Kohl, and Senator BIDEN. nominees, someone whose spouse ly after Congressman WATT’s nomina- When President Bush nominated Peter served in the military for 22 years, tion was announced, Senator BURR Keisler to the DC Circuit, the Demo- someone who raised her kids while he stated: crats wrote Senator Specter, the com- was over in Kuwait, and we are going Having served with Mel, I know of his com- mittee chairman, a strong letter. to turn her down? That makes no sense mitment to sustainable federal housing pro- The letter says: to me at all, and I urge my colleagues grams and am confident he will work hard to We believe that Mr. Keisler should under to help Patty Millett get into this job protect taxpayers from future exposure to no circumstances be considered—much less

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7652 CONGRESSIONAL RECORD — SENATE October 30, 2013 confirmed—by this Committee before we than in another circuit, and therefore committee and await floor action. Re- first address the very need for that judgeship the caseload ought to be lighter. With member, the committee is controlled . . . and deal with the genuine judicial emer- eight judges, it will be a lot lighter— by Democrats and they can report gencies identified by the Judicial Con- half the national average for circuit whomever they want. Both of these are ference. courts. That ought to allow plenty of for the DC Circuit and are not judicial The Democratic Senators argued, time to write decisions in complex emergencies. Only seven district court first, the committee should—before cases. nominations await floor action. None turning to the nomination itself—hold Other circuits have complex cases as have been waiting long. Three were re- a hearing on the necessity of filling the well. For example, the Second Circuit, ported in August, and four were re- 11th seat on the DC Circuit, to which including New York, regularly handles ported in September. Mr. Keisler has been nominated. They many of the most complex cases that So while there are always a few cited a number of objections by Sen- come to the Federal courts. Finally, nominations that provoke controversy ators to the need for more judges on there are a number of senior judges and take a while to consider, one of the that circuit. who are active in the DC Circuit—that Senate’s most important and best They then argued 6 years ago: is true in almost all the circuits, and known powers is the constitutional au- [That] since these emphatic objections that is part of the way our system thority to advise and consent on Presi- were raised in 1997, by every relevant bench- works today. They can carry some of dential nominations. That is a part of mark, the caseload for that circuit has the workload when that becomes nec- the checks and balances our Founders dropped further. set up so we didn’t have a king, we Only after we reassess the need to fill this essary. seat and tend to judicial emergencies should I think it is striking that even if this didn’t have a tyranny. We made it we hold a hearing on Mr. Keisler’s nomina- court only has eight seats, that the av- slower. We gave the President the right tion. erage caseload is less than half of the to nominate, but the Senate has the That was the Democratic Senators’ national average. So why does it need right to advise and consent. Sometimes position in 2007. These distinguished three additional judges? That is the that takes a while. Sometimes those Democratic Senators were not only question Democratic Senators asked in nominees are rejected. I believe and have argued consist- forceful in 2006 and 2007, they were per- 2007, and that is what the Senate and ently that with rare exceptions, Presi- suasive. They worked with President President Bush addressed. That is the dential nominations deserve an up-or- Bush and Congress agreed to reduce the question we should be asking today be- down vote after an appropriate time for DC Circuit by one seat and add it to fore we fill any more seats for an consideration. President Obama’s the Ninth Circuit, where the caseload underworked circuit court. nominations have been receiving time- was 526 filings per judge—well above So I will not vote to end the debate ly up-or-down votes. But first, as Sen- the caseload average for all the judicial on the President’s nominees until the ators of both political parties have ar- circuits. Senate does in 2013 what Democratic gued for 10 years, we should make cer- In 2007, Senator FEINSTEIN, a Demo- Senators suggested and what the Sen- tain we have the right number of crat, and Senator Kyl, a Republican ate did in 2007: Assess the need for judges on the court. We don’t have wrote: judges on the DC Circuit and transfer money to waste in this country with judges from where they are needed It makes sense to take a judgeship from the debt we have today. We should where it is needed the least and transfer it to least to where they are needed most. transfer judges from where they are where it is needed the most. That means that before we act on the needed the least to where they are Mr. Keisler, by the way, was never President’s three nominees, the Judici- needed the most. That is the sensible confirmed. For 21⁄2 years his nomina- ary Committee and the full Senate thing to do. The President’s nominees should consider Senator GRASSLEY’s tion was held in the Judiciary Com- for the DC Circuit will receive up-or- legislation that would transfer one mittee, from June 2006 until January down votes insofar as I am concerned 2009. The same arguments made in 2006 judge to each of the overworked Second unless there are exceptional cir- and 2007 should be persuasive today. and Eleventh Circuits and eliminate cumstances. Today, the average caseload for the one judge, leaving the DC Circuit with I ask unanimous consent to have DC Circuit—even if it were reduced by a caseload that still is less than half printed in the RECORD the letter of three judgeships to the eight seats cur- the national average for the eight re- July 27, 2006, from eight Democratic rently occupied—would be less than maining judgeships. Then, if there are Senators to Chairman Arlen Specter one-half the national average for cir- still vacancies to be filled in the DC suggesting that the hearing on Mr. cuit courts. The national average is 344 Circuit, the Senate can consider them Keisler be postponed until the Senate cases filed per judge this year in Fed- one by one. had considered the number of judges on eral appellate courts. The DC Circuit The Senate has treated President the DC Circuit. I ask unanimous con- average, if it were reduced to the 8 cur- Obama very well in considering his sent to have printed in the RECORD as rent judges, would be 149 per year. The nominations. According to the Con- well ‘‘Additional Views of Senators national average is 344 cases per year. gressional Research Service, as of Au- Feinstein and Kyl’’ which were written The DC Circuit average—even if it is gust of this year President Obama’s at that time. reduced to 8—would be 149 per year, Cabinet members were, on average, 54 There being no objection, the mate- less than half. days—moving from announcement to rial was ordered to be printed in the Since 2005, there has been a decrease confirmation at about the same pace as RECORD, as follows: of 27 percent in the number of written those of President Bush and President U.S. SENATE, decisions by an active judge on the DC Clinton. Washington, DC, July 27, 2006. Circuit. Since 2005, the number of ap- As far as President Obama’s judicial Hon. ARLEN SPECTER, peals filed in the DC Circuit has fallen nominees, President Obama has had 38 Chairman, Committee on Judiciary, Dirksen by 171⁄2 percent. article III judges confirmed at this Senate Office Building, Washington, DC. Before it considers any of the Presi- point in his second term, including 9 DEAR CHAIRMAN SPECTER: We write to re- dent’s nominees for the DC Circuit, the circuit judges, 25 district judges, and 4 quest that you postpone next week’s pro- posed confirmation hearing for Peter Senate should do in 2013, today, what judges to other article III courts. By Keisler, only recently nominated to the D.C. Republican President Bush and the comparison to those 38, President Circuit Court of Appeals. For the reasons set Democratic Senate did in 2007; first, George Bush had 16 article III judges forth below, we believe that Mr. Keisler consider the appropriate number of confirmed, 7 circuit judges, 7 district should under no circumstances be consid- judges for the DC Circuit, and then, as judges, and 2 judges to other article III ered—much less confirmed—by this Com- Senator Kyl and Senator FEINSTEIN courts. mittee before we first address the very need wrote, ‘‘take a judgeship from where it What about a waiting list of judges for that judgeship, receive and review nec- who are waiting to be confirmed by the essary information about the nominee, and is needed least and transfer it to where deal with the genuine judicial emergencies it is needed most.’’ Senate? Is there a big backlog? The an- identified by the Judicial Conference. I heard the argument that the cases swer is no. As of today, only two cir- First, the Committee should, before turn- in the DC Circuit are more complex cuit judges have been reported by the ing to the nomination itself, hold a hearing

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7653 on the necessity of filling the 11th seat on been nominated for vacant seats identified It just makes sense to take a judgeship the D.C. Circuit, to which Mr. Keisler has as judicial emergencies by the non-partisan from where it is needed least, and to transfer been nominated. There has long been con- Judicial Conference. Indeed, every other Cir- it to where it is needed most. cern—much of it expressed by Republican cuit Court nominee awaiting a hearing in the California is hit hardest by the inadequate Members—that the D.C. Circuit’s workload Committee, save one, has been selected for a number of judgeships on the Ninth Circuit. does not warrant more than 10 active judges. vacancy that has been deemed a ‘‘judicial In 2005, 10,000 federal appeals—70% of the cir- As you may recall, in years past, a number emergency.’’ We should turn to those nomi- cuit’s total docket—were filed in California. of Senators, including several who still sit nees first; emergency vacancies should clear- On February 14, during his testimony before on this Committee, have vehemently op- ly take priority over a possibly superfluous this Committee, even U.S. Supreme Court posed the filling of the 11th and 12th seats on one. Justice Anthony Kennedy commented on the that court: Given the singular importance of the D.C. overloaded docket of the Central District of Senator Sessions: ‘‘[The eleventh] judge- Circuit, we should not proceed hastily and California. Yet of the Ninth Circuit’s 28 ship, more than any other judgeship in without full information. Only after we reas- judgeships, only 14 are assigned to Cali- America, is not needed.’’ (1997) sess the need to fill this seat, perform rea- fornia. Senator Grassley: ‘‘I can confidently con- sonable due diligence on the nominee, and California needs more judges. Transferring clude that the D.C. Circuit does not need 12 tend to actual judicial emergencies, should a judgeship from the D.C. Circuit to the judges or even 11 judges.’’ (1997) we hold a hearing on Mr. Keisler’s nomina- Ninth Circuit in California would be a first Senator Kyl: ‘‘If . . . another vacancy oc- tion. step toward correcting this deficiency. curs, thereby opening up the 11th seat again, We thank you for your consideration of The D.C. Circuit, by contrast, has seen its I plan to vote against filling the seat—and, this unanimous request of Democratic Sen- caseload decline in recent years. In fact, fil- of course, the 12th seat—unless there is a sig- ators. ings in that circuit dropped by 7.1% in 2006 nificant increase in the caseload or some Sincerely, alone. Removal of the 12th judgeship would other extraordinary circumstance.’’ (1997) PATRICK LEAHY. only modestly increase filings per judge in More recently, at a hearing on the D.C. CHUCK SCHUMER. that circuit to 115—a figure still well below Circuit, Senator Sessions, citing the Chief NITA FEINGOLD. half the national average for U.S. courts of Judge of the D.C. Circuit, reaffirmed his view DIANNE FEINSTEIN. appeals. And in any event, the burden on that there was no need to fill the 11th seat: HERB KOHL. that court of removing a seat is largely hy- ‘‘I thought ten was too many . . . I will op- TED KENNEDY. pothetical. The 12th seat on the D.C. Circuit pose going above ten unless the caseload is DICK DURBIN. was created in 1984 and has remained vacant up.’’ (2002) JOE BIDEN. for most of the intervening years, including In addition, these and other Senators ex- all of the last decade. On the other hand, pressed great reluctance to spend the esti- THE COURT SECURITY ACT OF 2007 adding one seat to the Ninth Circuit would mated $1 million per year in taxpayer funds MARCH 29, 2007—ORDERED TO BE PRINTED reduce filings per judge on that court to to finance a judgeship that could not be jus- Mr. LEAHY, Chairman of the Committee on 503—still a heavy burden on the justice sys- tified based on the workload. Indeed, Senator the Judiciary, submits the following report tem of the Western States. SESSIONS even suggested that filling the 11th together with additional views Section 506 is a reasonable step toward the seat would be ‘‘an unjust burden on the tax- solution of a pressing problem in the admin- payers of America.’’ VI. ADDITIONAL VIEWS istration of United States courts. We are Since these emphatic objections were ADDITIONAL VIEWS OF SENATORS FEINSTEIN pleased to see it made part of this bill. raised in 1997, by every relevant benchmark, AND KYL the caseload for that circuit has only Section 506 of this bill transfers a judge- DIANNE FEINSTEIN. dropped further. According to the Adminis- ship from the U.S. Court of Appeals for the JON KYL. trative Office of the United States Courts, District of Columbia Circuit to the U.S. NATIONAL DAY OF REMEMBRANCE the Circuit’s caseload, as measured by writ- Court of Appeals for the Ninth Circuit. Once Mr. ALEXANDER. Mr. President, I ten decisions per active judge, has declined this provision is enacted into law, the Ninth come to the floor today to give thanks 17 percent since 1997; as measured by number Circuit will have 29 judgeships and the D.C. and show respect to World War II and of appeals resolved on the merits per active Circuit will have 11. judge, it declined by 21 percent; and as meas- Section 506 will help to ease the backlog of Cold War heroes who served in our Na- ured by total number of appeals filed, it de- pending cases in the Ninth Circuit, where tion’s nuclear weapons programs on clined by 10 percent. Accordingly, before we more judgeships are sorely needed. At the this fifth National Day of Remem- rush to consider Mr. Keisler’s nomination, same time, it will eliminate a judgeship on brance. They weren’t serving in the we should look closely—as we did in 2002—at the D.C. Circuit that many Senators—includ- heat of battle but in the laboratory, whether there is even a need for this seat to ing both Democrats and Republicans on this handling materials on a daily basis be filled and at what expense to the tax- committee—have indicated that they believe that ranged from benign to toxic and payer. to be unnecessary. Second, given how quickly the Keisler The numbers tell a striking story. Accord- highly radioactive. These materials hearing was scheduled (he was nominated ing to the Administrative Office of the posed risks that many scientists did only 28 days ago), the American Bar Associa- United States Courts, 107 appeals per judge not understand at the time. tion has not yet even completed its evalua- were filed in the D.C. Circuit in 2006. By con- Today in Oak Ridge, TN, the Amer- tion of this nominee. We should not be sched- trast, in the Ninth Circuit, the filings were ican Museum of Science and Energy, uling hearings for nominees before the Com- nearly five times higher—a total of 523 fil- and Cold War Patriots are gathering to mittee has received their ABA ratings. More- ings per judge in 2006. Filings per judge in celebrate former workers and view a over, in connection with the most recent ju- the Ninth Circuit are also substantially quilt that honors nuclear workers for dicial nominees who, like Mr. Keisler, served higher than the national average of 399 fil- in past administrations, Senators appro- ings per judge. The D.C. Circuit’s rate of fil- their contribution to America’s safety. priately sought and received publicly avail- ings, by contrast, falls far below the national This one-of-a-kind remembrance quilt able documents relevant to their govern- average. has 1,250 commemorative handwritten ment service. Everyone, we believe, bene- The merits of transferring a judgeship quilt squares that form an American fited from the review of that material, which from the D.C. Circuit to the Ninth Circuit flag that measures 17 feet by 11 feet. assisted Senators in fulfilling their respon- are also brought into relief by considering I want to specifically remember Bill sibilities of advice and consent. Similarly, the total number of appeals left pending in Wilcox for his service to our country each circuit at the end of the 2006 reporting the Committee should have the benefit of and passion for preserving Oak Ridge publicly available information relevant to cycle. In the Ninth Circuit, 1,853 appeals Mr. Keisler’s tenure in the Reagan Adminis- were pending at the end of this period. This history. Bill passed this September. tration, some of which may take some time was the highest total for any circuit in the Bill was a former manager of the K–25 to procure from, among other places, the nation. By contrast, in the D.C. Circuit, only operations, a Manhattan Project vet- Reagan Library. As Senator Frist said in an 387 appeals were pending at the end of the eran, and the official historian for the interview on Tuesday, ‘‘[Tlhe DC Circuit . . . 2006 period. This was the lowest total for any city of Oak Ridge. after the Supreme Court is the next court in circuit in the nation. In 1943, Bill was hired by Tennessee terms of hierarchy, in terms of responsi- The backlog of cases in the Ninth Circuit Eastman on a ‘‘Secret, secret, secret!’’ is not merely a problem for lawyers and bility, interpretation, and in terms of project in an unknown location. When prioritization.’’ We should therefore perform judges. It injures ordinary people who have our due diligence before awarding a lifetime to wait longer to have their cases resolved. he started at Eastman he was told: appointment to this uniquely important Plaintiffs who have been injured, criminal As chemists you’ll have to know that court. defendants seeking review of their convic- you’ll be working [on] this project with a Finally, given the questionable need to fill tions, and victims waiting for justice—for all substance called uranium. That is the last the 11th seat, we believe that Mr. Keisler of these people, justice delayed is justice de- time that you will hear that word or you will should not jump ahead of those who have nied. speak it until after the war. And if you are

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7654 CONGRESSIONAL RECORD — SENATE October 30, 2013 ever heard speaking the word you will be in a standard-sized briefcase every very well—but what we need to do to subject to discharge from our employment week chained to the wrist of a military be able to make more things. What do immediately, and very likely prosecuted by officer, in plainclothes. He would get we need to do to be sure we are at the the United States government, and may end on the train and go to Chicago to ex- competitive front of the line as we up in jail. Is that clear? change the briefcase. work to make things. In Oak Ridge ground was broken for During 1945, a different process at the All of us are working on things to- the Y–12 plant in February of 1943, and K–25 building was surprisingly success- gether. Senator BROWN and I have been by the end of the summer they started ful and cost less than 10 percent of the working on advanced manufacturing— installing complex physics machines, cost of the Y–12 process. The K–25 something that he has spoken about called calutrons. About 1,000 calutrons building was a mile-long U-shape—once and we have spoken about together and were installed at Y–12. the world’s largest buildings under one that he has been a leader on for a long How were these calutrons operated? roof. The operators had to use bicycles time—and all of our States benefit. Tennessee Eastman said that the just to get around their building. Missouri and Ohio have certainly calutrons couldn’t be run as an experi- The successful K–25 process ran full been among the significant manufac- ment but should be run like an indus- blast for another 20 years, while the Y– turing States. In Missouri we have trial plant. Rather than manuals, there 12 plant received a new mission. more than $32 billion a year in manu- should be a simple red line on meter A. These efforts along with others by facturing. For about the last 4 years The operator would turn knob A until our nuclear weapons workers across that has been the top manufacturing the needle is on the red line on meter the country won World War II and the employment, has been in the agricul- A. cold war. At the peak of the Cold War, tural industry, in food processing, as However, General Leslie Groves, head nearly 600,000 workers across the coun- well as transportation equipment, fab- of the Manhattan Project, along with try were involved in the research and ricated metals, machinery of all kinds, physicists disagreed. So they took five production of nuclear weapons. and automobiles have been in the top calutrons and ran them for a week with Today, many former nuclear weapons of our manufacturing sectors. the best physicists and then another workers are retired. Many of them are I believe we are really at a point week with girls right out of high school sick. Some are dying. The government where so many things could easily that kept the needle on the red line of is helping these sick nuclear workers come together, and the Federal Gov- the meters. ‘‘After a week the girls had through the Energy Employees Occupa- ernment and the Congress can help won hands down in terms of produc- tional Illness Compensation Program make those things come together by tivity.’’ created by Congress in 2001. taking down barriers and by creating These women were called the This program provides compensation easier ways to work together. In the ‘‘calutron girls.’’ One calutron girl first to those who were exposed to radiation case of advanced manufacturing, we learned of the war effort in Oak Ridge and toxic materials while building our have talked about the centers of excel- when she was at a cafe´ in Sweetwater, nuclear weapons, especially those that lence and we have worked on that to- TN. She was working in a hardware were instrumental in our winning the gether, and we have both seen some of store at the time. The store had a big cold war. This program receives claims these ideas work. ROWN some of window where people from the sur- from all 50 States nearly 100,000 indi- I wish to ask Senator B the things he has seen and the things rounding counties put photos of their vidual workers. sons who went away to war. She had This program is especially important he thinks we can do better through the the job of straightening up the photos to Tennessee. Tennessee has the high- legislation we have been talking about. Mr. BROWN. Mr. President, I appre- when the heat from the window caused est number of claims than any other ciate Senator BLUNT yielding. I appre- the cardboard frames to buckle. With State—over 14,000 workers. Ten- ciate the opportunity to engage in this great dignity, the families would take nesseans, mostly former workers at down the pictures of their fallen sol- colloquy with the Senator from Mis- Oak Ridge National Laboratory, Y–12 souri as well as the Senator from Dela- diers. and K–25, have received over $1.7 billion Wanting to help the war effort, she ware, both of whom have been leaders in compensation and paid medical bills, in manufacturing in Missouri and in went to Oak Ridge, where there was according to the Department of Labor. ‘‘mud everywhere, and green Army Delaware. Today, the nuclear workers across It is pretty clear what these public- trucks, and vehicles, and soldiers, and the country continue this heroic legacy private hubs can do in terms of a mul- that was just inside the gate.’’ As a to advance nuclear power, nuclear med- tiplier effect. When we look at manu- calutron girl, she wore a blue uniform. icine and other technology that con- facturing history in this country—and The chemical workers wore white. She tinues to make our lives better and of course I will use an illustration in said: keep our country safe. my State, as I understand my State You weren’t allowed to go in the other So I am privileged to work with Sen- better than I do any other—when room . . . you’d stick out like a sore thumb, ator MARK UDALL in honoring these pa- Akron was the leading tire manufac- a blue something in a white-uniformed place triots who worked countless hours with . . . But they let us go over—towards the end turer and was sort of the center for tire little-understood hazardous materials manufacturing along the Ohio turnpike . . . they told us to take all the bobby pins to build our country’s nuclear deter- out of your hair before you go out there be- in northeast Ohio; to Toledo, where cause it would yank your bobby pins out. rent. glass manufacturing was prominent Mr. President, I yield the floor. and prevalent for decades; to autos in She remembers: The PRESIDING OFFICER. The Sen- You couldn’t talk. You couldn’t say any- Cleveland; to steel; and then to rubber ator from Missouri. in Akron, we can see that once we have thing to anybody about where you worked, Mr. BLUNT. Mr. President, I ask what building, when you left the plant. In an innovative focus, then other kinds fact, there were huge banners up all over the unanimous consent to enter into a col- of manufacturing come out of that. As plant: ‘When you leave here what you see loquy with my colleagues from Dela- the tire industry declined over the dec- here stays here.’ And you weren’t allowed to ware and Ohio for up to 30 minutes. ades, Akron is now one of the leaders tell even . . . somebody [that] worked on the The PRESIDING OFFICER. Without in polymer. Toledo, which was a leader same thing you did. objection, it is so ordered. in glass manufacturing—plate glass for There were signs everywhere: ‘‘Keep MANUFACTURING IN AMERICA cars, bottles, and a lot of other kinds of your mouth shut!’’ ‘‘Loose lips sink Mr. BLUNT. Mr. President, this is glassware—has become a solar center. ships!’’ ‘‘See no evil; hear no evil; one of those all-too-rare occasions any- So the legislation Senator BLUNT and speak no evil’’ with posted fines of more where we all agree, and it is I have come up with will help Amer- $10,000 and warnings of jail time. about making things. We will be talk- ican workers and American business One of the things that was curious ing for the next few minutes about have the drive and the creative think- about Oak Ridge was that these rail what happens in our country and what ing and the determination to innovate cars came in every week, but nobody needs to happen so we can not just ahead of the rest of the world. ever saw any product going out. The make things again—because we still Before turning to Senator COONS, I reason was that the product went out make lots of things, and we make them wish to tell a quick story that tells me

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7655 why it is so important that manufac- My own work of 8 years at a manu- can add to that, how we can make that turing take place here. We out-inno- facturing company in Delaware in a process work better. vate the rest of the world. We are still materials-based science company that In our State, the average manufac- the most creative. We are the best makes things helped make it clear to turing job pays 21.5 percent more than innovators. We lead in foundational re- me how important research and devel- the average wage. Mr. President, search and in other kinds of research. opment and continuous innovation are $52,000 or so for the average manufac- The problem is that as we invent for manufacturers at all levels. I have turing job salary in Missouri is a sig- things in this country, if we then seen this across the State of Delaware. nificant improvement in where you outsource the manufacturing, so much Our Presiding Officer—long owner and might otherwise be. In Missouri we of the creativity and innovation, both leader of a manufacturing business in have 6,500 manufacturing firms. Almost in process and in product, takes place his home State of Indiana—knows this a quarter of a million people work in in that other country because it takes better than any of us: that if we don’t manufacturing in Missouri. We used to place in the shops. innovate, if we don’t invest in research have more than that. We used to have I will give a quick example. The larg- and development, in improving the more than that, and I think we will est yogurt manufacturer in North skills in the workforce and improving have more than that again. The coun- America is in western Ohio near the the productivity and the operating effi- try used to do more in terms of manu- town where Neil Armstrong grew up, ciency of any manufacturing company, facturing than it does now. But we are western Ohio near Wapakoneta. That we can’t survive in the tough going to see that happen. yogurt manufacturer—I was there one headwinds of the global marketplace The Senator from Delaware just day, and they used to bring in—the today. wrote an article in Congressional Quar- suppliers would send the plastic cups to One of the programs I championed terly that talked about what needs to the shop floor, to the manufacturer, here in the Senate that has bipartisan be done, the great opportunities we and they would fill them—in these big support is the Manufacturing Exten- have in energy. If we take advantage of silver vats—they would fill these plas- sion Partnership. It is a long-estab- those great energy opportunities, sud- tic cups with fermented milk, with yo- lished program that takes the latest denly the utility bill is more predict- gurt, package it, and send it. A young cutting-edge research and development able, the delivery system is more guar- industrial engineer and a couple of peo- work at universities and moves it to anteed. ple who worked on the line for years the shop floor. I have visited companies I was talking to a manufacturer said: We can do this a lot less expen- up and down Delaware, from FMC in today in my office and this topic came sively and save money for the company Newark to Speakman in New Castle, up. At some point now, as you get fur- and be more productive and efficient. where they have taken those innova- ther and further into innovation, peo- So the three of them developed some- tions from the university to the shop ple not only have to be better trained— thing pretty simple to an engineer, not floor. the Senator talked about that too: the so simple, perhaps, to me, but they One of the things I am grateful to importance of a skilled workforce—but simply fed a roll of plastic, a sheet of Senator BLUNT for is his leadership in how the workforce competes with plastic, it was slowly heated, and it taking that insight that in order to maybe a lower paid workforce in some was then extruded and then cooled and have the most productive manufac- other country maybe is not nearly as filled with yogurt. The line was about turing workforce in the world, in order important as how the utility bill com- 75 feet, and it made for a much more ef- to continue to compete globally, we petes. ficient innovation. That innovation have to find ways to continue to invest If you can run that facility—and I took place on the shop floor of an in demonstrating the power of innova- just gave him an example of another American manufacturing plant, mak- tion and we have to find ways to do manufacturing facility in my home- ing the productivity of that plant that in a bipartisan way. town of Springfield, MO, that was mak- much greater. I thank the Senator for being willing ing a significant expansion, I think That is really how we need to look at to work with Senator BROWN and oth- about a $150 million expansion. They this. If we are going to do this partner- ers here. This is exactly the sort of did not expect to hire any more people, ship with government and local manu- stuff I hear from Delawareans they but they expect to use that current facturers and local labor unions and want us to be doing. There is lots that workforce in a much more competitive local businesses and local suppliers, we divides us. This is something that way. Nobody was losing a job because can do the kind of work Senator BLUNT unites us: working together to of advanced competition. They are just mentioned with these manufacturing strengthen our manufacturing sector, expanding that workforce in a way hubs, this network of manufacturing to make it more competitive, to bring that ensures they will keep their job innovation initiative we have had. jobs back to the United States, and to and be more competitive. Of course, We introduced the bill this summer. grow this sector. somebody, by the way, is building that We are working to build support. We We have grown half a million jobs in expansion. There are jobs there as well. welcome the support of our colleagues. the last 3 years in the manufacturing And those all matter. Senator BLUNT has already mentioned sector. These are good jobs, at high We have all kinds of examples. what it could mean in Missouri, and wages, high benefits, high skills. But Perryville, MO, is a town of less than perhaps Senator COONS could tell us we can and should do more, pulling to- 10,000 people. In that town, they have what it would mean in Delaware and in gether to sort of lift further this ongo- become a hub—it is about 80 miles this country and what better manufac- ing manufacturing revival. south of St. Louis—of 21st century turing and more innovation means to If Senator BLUNT would share some manufacturing. A Japanese company is our country. more with us about this specific bill there, Toyoda Gosei, that makes plas- I thank my two colleagues. I have a and about his experience in what else tic components for automobiles. conference committee I need to join, we can and should be doing together to Sabreliner makes aviation parts and is but I appreciate very much my col- strengthen manufacturing in Missouri, in the airplane industry. There is leagues opening this discussion. I would be grateful. Gilster-Mary Lee, a much more tradi- Mr. COONS. Mr. President, I thank Mr. BLUNT. The Senator’s point is tional employer. But here is a town the Senator from Ohio for his tireless well made. These manufacturing jobs that has a significant number of manu- and engaged leadership on manufac- are goods jobs. The American work- facturing jobs. turing, on fighting for access to foreign force is competitive. As Senator BROWN The town of Cassville, near Spring- markets on fair terms, for fighting for said, we have always been on the cut- field, for a number of years had more skills and increasing the skills of our ting edge, the outside of competition, manufacturing jobs than they had pop- manufacturing workforce, and in this making things in a better way than we ulation. Now, of course, that meant in instance, in this strong bipartisan bill, did last year. Everybody who is com- the part of the country where I live for working with our colleague from peting today is trying to figure out lots of people may have been driving a Missouri on a national network of how they can do whatever they did last significant number of miles to get to manufacturing innovation centers. year better. We see that and what we those jobs. But there are not very

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7656 CONGRESSIONAL RECORD — SENATE October 30, 2013 many cities. This is a smaller commu- We are also seeing that lots of Amer- COONS and I have worked on. The Sen- nity. It is the county seat of Barry ican companies fear the loss of their in- ator mentioned, I think, all the cospon- County. But they had more manufac- ventions, their innovations, if they sors of that: Senator RUBIO, Senator turing jobs than the number of people move offshore. So some of the STABENOW, Senator MORAN, Senator who lived in the community itself. It attractiveness of operating in other KAINE, Senator SCHUMER, and Senator meant that is a competitive commu- countries has dimmed a bit, as they ENZI. nity. That is a community that knows have recognized that the United States What that does is try to extend the how to build jobs. is one that has a rule of law that pro- opportunity of research and develop- Perryville is a community that has tects their inventions and innovations. ment to startup businesses. The way launched itself well into the 21st cen- There is also less of a wage gap, the tax credit works, you can deduct tury. And the skills the Senator was frankly, as wages have come up in the those costs from the taxes you pay. talking about—the skilled workforce, developing world. In China, the wage Well, if you are a startup business, you the energy needs, the research compo- gap is less. So that combination gives often do not have any profit to deduct nent—one of the components of these us a window, gives us a moment of op- from. That is part of the courage, hubs of excellence that we have been portunity. We lost millions of manu- frankly, of starting a business. You are looking at and talking about, Senator facturing jobs in the first years of this almost insured, guaranteed, that for BROWN and I have been working on, is century, but in the last three we have the first weeks, months, sometimes the to create ways to encourage that high- been growing them and growing them first years, depending on how big a ven- er education be part of that research steadily. If we can work in partnership ture this is, you are not making money component. across the aisle on manufacturing yet. So what the Senator and I and our I think Americans are eager to skills, on access to credit, on innova- friends have done in the startup act is produce. I bet the Senator and I both tion, on a coordinated strategy, I can- say—these people would have employ- hear the same thing over and over: not imagine a community in this coun- ees—so what we do is allow the same How can we have a strong economy if try that would not rather have high- tax credit for a big corporation or a big we do not produce? Well, you can have quality manufacturing jobs. business or a highly successful business a strong economy in parts of the econ- As Senator BLUNT was mentioning, with lots of profit to be applied against omy that do not produce, but I think for every manufacturing job that is what they pay as taxes for their em- not only do you need to produce, but created, there is 1.6 new support jobs ployees—the Social Security tax, the there is something that defines who we created. For every $1 spent in manufac- other taxes that are paid—and, again, are in a positive way when people see turing, there is $1.34 spent in the local trying to encourage innovation. American production that is not only economy that moves around. It is the We all know that small business is heavily competitive here but competi- sector that has the most positive sec- the engine that drives the country. But tive all over the world. also small business can be the engine I think that is what Senator COONS ondary impact in our communities. I do think there is broadly in our that drives manufacturing, if we figure and I are talking about, the kind of bi- out a way to let them have some of the partisan effort we need to make. I do country a sense that we have sort of same benefits that existing businesses not know any Republicans or any lost our leading edge in manufacturing have that have already gotten them- Democrats anywhere, or any Independ- because of the large-scale layoffs and selves in a profit-making situation. ents, who have said: Oh, we don’t need the large plant closings. But in my This just gives them a place to go and to worry about making things. We State, and I presume in the Senator’s State and in the Presiding Officer’s utilize that credit. don’t need to worry about a competi- That is the kind of thing we ought to tive economy. Actually, private sector State of Indiana, and others, there are dozens and dozens of small and me- be looking at. Startup businesses are jobs should be the No. 1 domestic goal important, encouraging traditional of the Federal Government today. And dium-sized manufacturers who have businesses to figure out how to upgrade the jobs we are talking about are a sig- seized this moment, who are growing, their equipment, upgrade the way they nificant component because they lead and who simply want us to help facili- do things so they are more competitive to lots of other jobs. All of the ripple tate their access to the market, their in an international marketplace. I effects of manufacturing jobs are great: access to innovation and new research, really do firmly believe that for rea- the other businesses that spring up, the their access to a skilled workforce. sons the Senator mentioned—the wage suppliers that come. If we can pull together, I think we Of course, the Senator and I have can do great things for the United gap is not what it was, the transpor- talked about his father was a signifi- States going forward. tation costs are more than they were cant part of launching new things into Also, before we close, I thank Sen- to get something made from some- the marketplace. I think that is what ator BLUNT for being a cosponsor with where else back to the greatest market the Senator and I want to see this Con- me of the startup innovation tax cred- in world, the United States of America; gress encourage, as we can encourage it—something Senator ENZI and I and and the more we know about the util- things without law and look for legisla- many others—Senator RUBIO, Senator ity bills—Senator DONNELLY from Indi- tive ways to facilitate a growth back SCHUMER, Senator STABENOW, as well ana, who is the Presiding Officer, and I toward manufacturing. as Senator MORAN—have cosponsored have been working on things that pay Mr. COONS. I thank Senator BLUNT and introduced and discussed over attention to the utility bills. Again, for his work on this bill with Senator time. It would help with access to cap- that is a key component of future man- BROWN. There are other bills that I ital for early stage startup manufac- ufacturing. The more competitive you hope this body will take up and discuss turers. are, the more innovative you are, the and debate where I hope we can find There are lots of good ideas we can more you are likely to be concerned ideas that are out there, with progress and should discuss on the floor, in about that part of your input costs. that is being made and policy innova- hearings, and going forward. But for And sometimes when you expand, the tion that is being made, and that we today I am grateful to Senator BLUNT utility bill is a bigger than the addi- can take them up, debate them, and for his leadership with Senator BROWN tional labor cost. But that may be ex- find bipartisan sponsors who will carry on this bill that would help strengthen actly what ensures you can keep the them forward. the National Network of Manufac- labor you have and grow that labor by I absolutely agree with the Senator’s turing Innovation centers. The Senator being able to make a commitment that point that we are seeing in manufac- is a strong leader for manufacturing in you feel good about because you feel turing a revival in this country for a his home State of Missouri, and I am good about your ability to run that fa- variety of reasons. One of them is less grateful for a chance to spend some cility once you build it. You feel good expensive energy. The shale gas revolu- time with him on the floor today dis- that not only is it going to work this tion is reducing the feedstock costs for cussing that good bill and his good year, but, by the way, we are doing so chemical manufacturing and reducing ideas. well and doing so many things that 10 the energy costs broadly for manufac- Mr. BLUNT. Let me just talk a little years from now we feel whatever the turing of all kinds. bit about the startup act that Senator utility costs are going to be, they are

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7657 going to be within the range we can again. There are a lot of different rea- health insurance, people who otherwise deal with and still produce right in sons why that is happening. I am sure would get health insurance. If you Missouri, right in Ohio, right in Dela- eventually, with all of the experts who delay the individual responsibility re- ware, or right in Indiana. are involved in it, they will be able to quirement, it is going to cause a delay. That is the kind of thing we ought to set up a Web site that functions, be- People will not have insurance. be focusing on. How do we make things cause this is the 21st century. The abil- Second, it is going to increase the again? How do we create other kinds of ity to go online and buy something, cost of health insurance for a lot of private sector jobs, the No. 1 domestic frankly, is something people do every people. Why? Because fewer people will priority of the country today? single day with all kinds of things. So be signed up. The individual responsi- Every time the Senator and I talk to me, it is inexplicable that they are bility requirement will not be followed about manufacturing, I really do get not able to do that when it comes to as much as otherwise would be the excited about an America that is health insurance. case. The result is fewer people will be thinking about not are we going to be But in the meantime, people are in the insurance pool, and therefore able to continue to make what we have struggling not just with the Web site, prices will be higher. always made, but what can we make by the way, there are problems now Another consequence is it lowers the better than anybody else that we are with the 800 number and the paper ap- quality of health insurance, especially not making yet that is going to allow plication. for those individuals who are seeking us to be out there in a world market- I believe the prudent approach is to to be insured. They are going to have a place? Trade has become a much great- say we are going to delay, that we are lower quality product as a consequence er opportunity for the American work- going to put off punishing people, that of this request. It is an attempt to de- force, as all of these other factors we we are going to put off the individual stabilize, it is an attempt to undermine have been talking about on the floor mandate until the Web site works. I the ACA. have come together to make our work- will admit, I do not think the law I think for those reasons it is inap- force what it is. works at all in its totality and it will propriate and again is another effort to If Senator COONS has any final re- eventually have to be repealed. That is obstruct. We should not proceed in this marks, I would like him to finish our what I favor. But in the interim, what way, so I object. time here on the floor. I am proposing is something that I The PRESIDING OFFICER. Objec- Mr. COONS. I thank Senator BLUNT. think is pretty reasonable; that is, the tion is heard. I thank the Senator for his enthusiasm notion that until these Web sites are The Senator from Florida. for manufacturing and for his enthu- working, how can we punish people for Mr. RUBIO. Mr. President, I do not siasm for working together with me on not buying health insurance? Why are intend to offer another motion since the startup innovation credit bill, as we going to punish someone for not the objection has been heard. I do want the Senator referenced, and with Sen- buying health insurance if the Web site to point out a couple of things. First of ator BROWN on the national network of they are supposed to buy it on, by the all, this notion that ObamaCare is the manufacturing innovation centers as administration’s own admission, is not law—it is true it is the law. It was he spoke about. properly working? passed by Congress in the years before Manufacturing is the center, the This is creating a lot of anxiety for I got here. This is called the Calendar beating heart of the middle class of people. That is why I filed a bill to do of Business. This is the Executive Cal- America. Manufacturing jobs are good that. That is why I come on the floor endar. Basically every single bill that jobs. We do need to get back to being a today for the purpose of making a mo- is in here is an effort to change exist- country where inventing, growing, and tion. ing law, for the most part. That is what As if in legislative session, I ask making things is an area of bipartisan, we do around here. That is what the unanimous consent that the Senate sustained, purposeful focus. I know for legislative process is about. Virtually proceed to the immediate consider- every bill that is filed is either an ef- the folks who watch us at home and for ation of Calendar No. 225, S. 1592, which fort to create a new law, but usually it the folks here in this Chamber, nothing is a bill to delay the individual man- is an effort to change existing law. So could meet the demands and the needs date until the health exchanges are of our communities and our States functioning properly. I further ask if we begin to argue around here that more than for us to come together in a unanimous consent that the bill be once something is existing law it can bipartisan, balanced, and responsible read a third time and passed, the mo- never be changed, we might as well way to advocate for a stronger manu- tion to reconsider be considered made close up shop, because that is what we facturing sector in the United States. and laid upon the table. do. That is what the legislative process I thank Senator BLUNT very much. The PRESIDING OFFICER. Is there is about. With that, I yield the floor. objection? The second point that was made was The PRESIDING OFFICER. The Sen- Mr. BAUCUS. Mr. President, reserv- that this law will prevent people have ator from Florida. ing the right to object, I think it is having health insurance. That is not UNANIMOUS CONSENT REQUEST—S. 1592 pretty clear that this motion is inap- true. Let me say this: No. 1, I am in Mr. RUBIO. Mr. President, we have propriate. This is not what we should favor of people having health insur- all now been aware over the last few be doing and how we should potentially ance. I do think we cannot ignore the days in the news about the problems change the act. Actually, the effect health insurance problem this country being faced with the Web site upon here is to disrupt implementation of faces. which people are supposed to go in the Affordable Care Act. The Afford- No. 2, admittedly, I am in favor of re- order to sign up to be on one of these able Care Act is a law. It has been in pealing ObamaCare and replacing it exchanges. That is important, because place for several years. The Supreme with a better alternative. But that is next year Americans are going to owe Court has upheld it. Attempts to repeal not what this bill does. All this bill money to the IRS if they do not have it failed. I think the House has voted says—this is the only thing it says: The health insurance by a certain date. up to 20 times to try to repeal the ACA. only thing it says is you cannot en- One of the ways people are supposed They have all failed. The act is here. force the individual mandate, you can- to get health insurance is by going on So the goal here is to make it work, not tell people next year that we will one of those Web sites and logging on, make the act work. Then later on we fine you, that the IRS is going to im- registering, and being able to see what can ask questions about what hap- pose a fine on you. You will not be able their options are for insurance, and pened, why it didn’t work, why wasn’t to do that until the Web site is fully then signing up. If you do not do that, implementation of the exchanges as working. then you are going to owe money to good as a lot of us would have liked it In terms of this preventing people the IRS next year. to have been. Then find out who is re- from getting health insurance, that is The problem is those Web sites are sponsible, et cetera. Right now it simply not accurate. This does not pre- not working. In fact, just today as the works. vent anyone from going onto the Web Secretary was testifying before a The effect of this motion is several- site and signing up. If the bill I am pro- House committee, the Web site crashed fold. One, it will deny people having posing is adopted, it would not keep

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7658 CONGRESSIONAL RECORD — SENATE October 30, 2013 anybody from signing up for health in- through a fine from the IRS. That is it. recommended by former living Solici- surance under ObamaCare. The only That is all it says. That is why I think tors General, and received the ABA’s thing it would do is keep the IRS from this makes all the sense in the world. I highest rating. fining you if you are unable to do it. am surprised that we somehow believe Some of my colleagues here have ar- The reason why that makes sense is be- we should continue to hold the penalty gued that President Obama is trying to cause the way we are supposed to do it over people’s heads when the way we ‘‘pack the court’’ by nominating Ms. on a Web site simply is not working. are asking them to comply with the Millett and two other nominees to fill So it is not accurate to say this will law, by the admission of the adminis- three current vacancies on the DC Cir- somehow prevent people from buying tration, by the admission of the Sec- cuit Court. These charges of court health insurance. It does not. It does retary today, is simply not working packing strike me, frankly, as without not prohibit you from trying to get it well enough. foundation. Court packing is an histor- on the Web site. It is just the recogni- I hope in the days to come my col- ical term used to describe when politi- tion that the Web site is not working leagues will reconsider, because I think cians try to change the size of a court, well and there is a consequence to it. our people, irrespective of how you feel expand a court, in order to control its The consequence to it is if they cannot about ObamaCare, deserve better. To expected outcome. That was the cause get these Web sites up and running, that end, I would read to you one email of the objection to President Roo- there are people who will not be able to I got from someone who actually sup- sevelt’s plan to add up to six Justices buy health insurance and they are ports ObamaCare. Nicholas in Palm to the U.S. Supreme Court back in 1937. going to get fined for it. That does not Bay, FL, wrote an extensive email. He In fact, a current legislative proposal sound fair to me. talked about how he submitted an ap- to strip the President’s ability to fill So while I continue to want to repeal plication to the Web site. It took hours three vacant seats on the DC Circuit ObamaCare, I think for the good of our to complete because of Web issues. could better be called court stripping. people it is unfair to continue to hold They finally finished the application 23 In this particular case, making nomi- over their head the threat of an IRS days later. The application is still in nations to vacant judicial positions is fine when the method of compliance we progress, but it will not let him go any not court packing, it is a President are asking them to follow is not fully farther to choose the insurance. So doing his job. Confirming highly quali- functioning. That is all this would do. while he does not agree with me about fied nominees to serve on this circuit I would point out this is not a theo- defunding or repealing ObamaCare, he in this vacancy would be this body retical concern. I get letters and agrees with me that we should suspend doing its job. emails every day. But I want to read the individual mandate penalty until The charges of court packing are ab- one I got. I will paraphrase it. It is this Web site issue is fixed. surd on their face. They are even more from Barbara in Ruskin, FL. She is 63 I think there are a lot of people who absurd when put in context. years old. She tried to apply to the are going to feel that way. I think Ms. Millett has been nominated to health insurance marketplace on Octo- there are a lot of people who would be the ninth seat of the 11 authorized on ber 1. As of the writing of this email, shocked that the government is going this court. There are currently three she is no further along. She sought the to punish them for not buying insur- vacancies on this vital circuit court. services of a certified navigator on Oc- ance when the Web site they are being I held a hearing earlier this year on tober 14. After spending hours on line sent to buy it on does not work. judicial staffing levels in my role as trying to get an account established Again, I think it is a commonsense the chair of the Subcommittee on and making the application, the navi- approach. I am surprised there is objec- Bankruptcy and the Courts of the Judi- gator, with her on speaker phone, after tion to it. I suppose I should not be, but ciary Committee. I invited the chair of many hours finally assisted her in I am. I hope in the days and weeks to the Judicial Conference Committee on making an application. She was told come my colleagues will reconsider, be- Judicial Resources, Judge Tymkovich, she would receive additional informa- cause in my opinion, and I think in the to come testify. For those who ascribe tion via email. Ten days later she has opinion of many Americans, it is sim- significance to such things, Judge still heard nothing. She is worried be- ply unfair. Tymkovich was nominated by Presi- cause she is currently covered, but that I suggest the absence of a quorum. dent George W. Bush to sit on the 10th is being terminated at the end of the The PRESIDING OFFICER. The Circuit Court of Appeals. year because of ObamaCare. It is going clerk will call the roll. Judge Tymkovich testified—convinc- to end on December 31. According to The legislative clerk proceeded to ingly, in my opinion—that the Federal the information provided to her, she call the roll. judiciary needs more judges, not fewer. has to be enrolled in another insurance Mr. COONS. Mr. President, I ask Every other year, the Judicial Con- plan or she is going to face the fine. unanimous consent that the order for ference submits to Congress a report on This is just one example. I could go the quorum call be rescinded. recommendations on judgeships. That on and on. I do not want to burden the The PRESIDING OFFICER. Without report did not conclude that any judge- time of the Senate. But there are thou- objection, it is so ordered. ships should be removed or remain un- sands upon thousands of people who are Mr. COONS. Mr. President, I rise filled on the DC Circuit. dealing with this problem. today to speak in favor of Ms. Patricia Judge Tymkovich also explained why Here is the last point I would make. Millett’s nomination to the DC Circuit the caseload statistics used by some of I have now heard on a number of occa- Court. As a member of the Senate Judi- our colleagues to argue that the DC sions the administration say with full ciary Committee, I have the oppor- Circuit has a low caseload—and thus confidence that by the end of this com- tunity to closely examine each of the need not have its vacancies filled—are, ing month, by the end of November, judicial candidates nominated by our in fact, unconvincing. The DC Circuit the Web sites will be up and running. If President. I did so with Ms. Millett, at- hears a unique caseload, with four that is true, then there is no reason to tending her nomination hearing and times the number of complex adminis- be against my bill. If, in fact, you are speaking to a wide range of the practi- trative appeals than other circuit so confident the Web sites are going to tioners and colleagues who have direct courts around the country. be up and running by the end of No- knowledge of her professionalism and The DC Circuit is the circuit from vember, then this problem will be experience. Without exception, at which all the Federal agencies’ actions taken care of. If, in fact, you are right, every stage of her career and with are repealed. More than any other and the Web sites are going to be up every personal and professional col- court in the country, its caseload is and running at the end of November, league with whom she has had work ex- made up of very complex, very difficult then the mandate will be back in ef- perience, Patty—Ms. Millett—has dis- cases with far-reaching consequences fect. tinguished herself as a person of integ- and that require a great deal of time. The only thing my bill does is say: As rity, intelligence, and dedication. She Simply looking at the raw number of long as the Web site is not working and is a person whose capability and devo- cases filed, opened, and closed is not an until it is working, you cannot enforce tion to a family is an inspiration to accurate predictor of whether a vacant the ObamaCare mandates on people those around her. She is unanimously seat on the DC Circuit should, in fact,

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7659 be filled. The DC Circuit’s caseload has strengthen the manufacturing sector of both North Carolina Senators stated remained steady over the past 10 years, the American economy and make us clearly, in their words: so the Judicial Conference has seen no more competitive. Innovation is essen- Congressman WATT has shown himself to reason to recommend any alteration in tial to allow us to take advantage of be an honest, kind, and capable individual its staffing level. new materials and new opportunities in with deep understanding of the housing mar- The court packing argument made by the world and to access new export ket. We urge you to support his nomination. some is also at odds with history, espe- markets overseas. Innovation overall is He is indeed qualified to serve as the cially when one considers that case- what has brought all that is best about FHFA Director. He is an incredibly de- loads lower than they are now on the modern life and the modern world. cent and honest person who I know will DC Circuit were sufficient when all Re- Yesterday, in a bipartisan way, we always work diligently toward a deci- publican Members then in office voted recognized that on October 29, many sion based on the facts, not on ideology to confirm then Judge Roberts to the years ago, was the very first day that or momentary trends. Democrats know 9th seat, Janice Rogers Brown to the DARPAnet was able to exchange com- this, and Republicans who have worked 10th seat, Thomas Griffith to the 11th munications from one computer to an- and served with him know this. seat, and Brett Kavanaugh to the 10th other. It was literally the dawning of Despite this, there is some question seat when it became vacant. When Ms. the modern Internet age. This was whether Congressman WATT has the Millett is confirmed, the DC Circuit made possible in part by Federal in- technical experience to run FHFA. So will still have more pending appeals vestment and innovation. let us look at Congressman WATT’s per active judge than after the con- I am grateful that Senator MORAN, record to see if we can peel that back firmations of any of those four earlier Senator ISAKSON, Senator HEINRICH, and look closely. He is a graduate of Yale Law School, Bush nominees I just referenced. The and Senator KIRK joined me in recog- caseload on the DC Circuit would also nizing the unique and important role who for 22 years practiced business, remain above that of the current 6th that technological innovation has economic development, and real estate Circuit and 10th Circuit, to which played in America’s past, America’s law. He is not a theoretician. He under- courts the Senate has confirmed Re- present, and America’s future. stands the impact of foreclosure, not publican supported judicial nominees I yield the floor, and I suggest the ab- just the macroeconomics but the per- this year. sence of a quorum. sonal dimension. He understands the A filibuster of Ms. Millett on case- The PRESIDING OFFICER. The role of financial intermediaries, banks load grounds would bring the Senate to clerk will call the roll. and housing agencies. He has been a 21- an unprecedented and regrettable The legislative clerk proceeded to year member of the House Financial place. It would destroy comity and call the roll. Services Committee, so legislatively he trust at a time when our Nation needs Mr. JOHNSON of Wisconsin. I ask has been engaged and involved in every it most, when we need to demonstrate unanimous consent that the order for major business, financial, and housing to the people of the United States that the quorum call be rescinded. initiative in the last two decades, and this Congress can function and that The PRESIDING OFFICER (Mr. he has seen this from the perspective of this Senate can fulfill its constitu- COONS). Without objection, it is so or- a legislator. tional role. dered. He has earned the support of his col- It would not only facilitate the ad- (The remarks of Mr. JOHNSON of Wis- leagues, but also he has earned the sup- ministration of justice by our courts, consin pertaining to the introduction port of his constituents and his neigh- but also allow us to tackle other issues of S. 1617 are printed in today’s RECORD bors back home. He has the endorse- if we could move past endless and need- under ‘‘Statements on Introduced Bills ment of the former Republican Chair- less filibusters on issues such as this. It and Joint Resolutions.’’) man of the House Financial Services would allow us to move forward to the Mr. JOHNSON of Wisconsin. Mr. Committee, SPENCER BACHUS of Ala- broader issues of the day, tackling President, I yield the floor, and I sug- bama, who noted: long-term debt and deficit challenges, gest the absence of a quorum. Congressman WATT has played an integral the fight against global terrorism, re- The PRESIDING OFFICER. The role in the financial services committee’s de- investing in our future, and working liberations on housing policy and is known clerk will call the roll. as a serious and substantive legislator . . . together to invest in manufacturing The legislative clerk proceeded to In my experience in working with him on a and grow our economy. There are so call the roll. variety of issues, I have always personally many other issues that call for the Mr. REED. Mr. President, I ask unan- respected Congressman WATT for his intel- time of this body. imous consent that the order for the lect, attention to detail, and dedication to With that, I wish to urge my col- quorum call be rescinded. serving the public. leagues to look at Ms. Millett’s nomi- The PRESIDING OFFICER. Without Again, this is a reflection of two dec- nation on its merits and to not be dis- objection, it is so ordered. ades of service at the heart of the proc- tracted by what I think are groundless Mr. REED. Mr. President, I rise ess of legislating with respect to hous- arguments that this is an instance of today to support my colleague and my ing policy in the United States. So so-called court packing by this Presi- friend, Congressman MEL WATT of when we combine his legal training, his dent. North Carolina, who has been nomi- practical experience as a lawyer, his This President is doing his job. He is nated by the President to be the next two decades of service as a member of nominating supremely qualified can- Director of the Federal Housing Fi- the House Financial Services Com- didates to serve in the highest courts nance Agency—the FHFA. I have total mittee, he is fully qualified for this of this land, and this body should do its confidence that Mel is fully capable key position, which is so vitally impor- job and confirm those qualified nomi- and qualified to serve as the FHFA Di- tant now because we have to seriously nees. rector, and I am not alone. tackle the issue of housing finance re- NATIONAL TECHNOLOGICAL INNOVATION DAY This week, the National Association form, and we have to take into consid- If I might, I simply wanted to com- of Home Builders wrote a letter to eration the needs and concerns of all ment to this body that something Leaders REID and MCCONNELL un- the stakeholders, from investors to passed with little notice here yester- equivocally endorsing Congressman homeowners. day. October 29, 2013, was National WATT, stating: Again, Congressman WATT has that Technological Innovation Day. This During Representative WATT’s tenure on perspective—knowing the intricacies was recognizing the role that techno- the House Financial Services Committee, he from his legal training of financial logical innovation plays in the United has proven to be a thoughtful leader on hous- laws, doing what he has to do to pro- States economy. ing policy. The FHFA needs a permanent di- tect the interests of his clients, and as We know that innovation is abso- rector with his leadership capabilities. a legislator with over two decades of lutely essential to developing new Senator BURR, Congressman WATT’s experience in creating housing policy medicines, treatments, and cures to Republican colleague from North Caro- in the United States. help us live longer and more healthy lina, and Senator HAGAN recently The FHFA should be led by a Direc- lives. Innovation is essential to shared a ‘‘Dear Colleague’’ in which tor, confirmed by the Senate, not an

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7660 CONGRESSIONAL RECORD — SENATE October 30, 2013 Acting Director. We have to send the hope—a better chance at upward mobil- people who don’t qualify for subsidies signal this is a position that is impor- ity—than our failing economy. That will see an increase in costs of 42 per- tant and deserves a confirmed Director, must change. cent. notwithstanding the skills and abilities The jobless youth don’t belong exclu- Tom from Omaha wrote me to tell and the great dedication of the current sively to any class, race, or gender. me about his 26-year-old son, who had Acting Director. We need to have some- This problem does not discriminate. been paying $159 a month for his health one in the position who has been con- Nearly 1 in 4 African-American youth coverage. ‘‘Effective January 1, 2014, firmed by the Senate. There are too is unemployed, while the unemploy- his rate will be $231. What is affordable many critical decisions each day, and ment rate for young Latinos in Sep- about this?’’ Tom added that his son’s too much at stake in terms of housing tember was 15.8 percent. Young men deductible would ‘‘increase by $3,000 finance reform not to have a confirmed are unemployed at a rate of over 17 per- and his out-of-pocket costs by $3,850.’’ Director of the FHFA. cent, while nearly 13 percent of young We are no longer dealing with projec- I urge my colleagues to allow this women are out of work. tions, we are dealing with real people. nomination to come before this body Washington Monthly recently dis- The National Center for Public Pol- icy Research also found that even with for a vote. Congressman WATT deserves cussed the long-term impact of jobless- the subsidies, about 3.7 million young no less, and I indeed urge support for ness on our youth. people would actually save at least $500 his confirmation. The consequences are dire for these young With that, I yield the floor. by forgoing insurance and paying the Americans. fine, and as many as 3 million young The PRESIDING OFFICER. The Sen- They’re not only more likely to have a ator from Nebraska. hard time in the job market; researchers people would save at least $1,000 by have found that disconnection has scarring opting out of ObamaCare. YOUTH EMPLOYMENT The bottom line? We have record Mrs. FISCHER. Mr. President, today effects on health and happiness that endure throughout a lifetime. numbers of unemployed young Ameri- I rise to call attention to a problem Unemployed, uneducated youth are at cans now being forced to purchase that seems to have gotten lost in the greater risk for criminality and incarcer- health plans they do not want and, in shuffle recently. That issue is our un- ation, and they often go on to become unreli- some cases, with coverage they don’t employed and underemployed Amer- able spouses and improvident parents. even need. We need to empower, not ican youth. The costs to society are also considerable. burden, young Americans. On September 14, the Wall Street The direct support expenses and lost tax The American dream of launching a Journal published a must-read story revenues associated with disengaged young career, starting a family, buying a entitled: ‘‘Wanted: Jobs for the New people cost U.S. taxpayers $93 billion in 2011 alone—a bill that will only compound as the home, and forging a brighter future is ’Lost’ Generation.’’ I would like to years progress. not some quaint relic of a bygone era. read a brief excerpt from that article. The dream is alive and well. Our young In short, our weak economy is not Like so many young Americans, Derek people are still dreaming. It is time for only frustrating young Americans pres- Wetherell is stuck. At 23 years old, he has a us to honor our duty to ensure that the job, but not a career, and little prospect for ently eager for work; it is jeopardizing next generation has the tools and expe- advancement. He has tens of thousands of their future. It is threatening more rience to succeed, to keep America dollars in student debt but no college degree. than just their ability to find present strong, and to pursue that dream. He says he is more likely to move back in jobs; it is thwarting their efforts to Right now, we are falling woefully with his parents than to buy a home, and he build rewarding careers and to start short. But we can do better. Our chil- doesn’t know what he will do if his car—a families. They are getting a late dren and our grandchildren are count- 2001 Chrysler Sebring with well over 100,000 start—if any start at all. miles—breaks down. ‘‘I’m kind of spinning ing on us. This generation isn’t lost my wheels,’’ Mr. Wetherell says. ‘‘We can And what about those young Ameri- yet, and I am here to fight for them. wishfully think that eventually it’s going to cans who have found work? According Mr. President, I suggest the absence get better, but we really don’t know, and to a report by Accenture, over 40 per- of a quorum. that doesn’t really help us now.’’ cent of college graduates in the last 2 The PRESIDING OFFICER. The Derek Wetherell’s experience is hard- years are overqualified for their jobs. clerk will call the roll. ly unique. It is unfortunately an expe- In other words, many of them are un- The assistant legislative clerk pro- rience shared by Americans across this deremployed. ceeded to call the roll. Nation, including in my home State of I believe all work has dignity. And Mr. HELLER. Mr. President, I ask unanimous consent that the order for Nebraska. Despite promises of eco- while a college degree is important, it is not for everyone. But hard-working the quorum call be rescinded. nomic recovery, jobs remain scarce, The PRESIDING OFFICER. Without particularly for young people. A quick young people should have the oppor- tunity to use their degrees and pursue objection, it is so ordered. survey of family members, neighbors, Mr. HELLER. Mr. President, I rise and friends reveals that too many their passions. They are not asking for special treatment—they are just ask- today to speak on why I had a hold on adult children are now living at home, this particular nomination. ing for a chance. This economy is hold- stuck in their parents’ proverbial base- Contrary to some who are specu- ments. ing them back. lating on this issue, I am not voting A study released by The Opportunity As if young people weren’t facing against this specific nominee. My con- Nation shows that 6 million young peo- enough adversity, now they are told cerns are with the way OPM deter- ple between 16 and 24 are neither in they are legally required to purchase mines who can ask questions and who school nor are they working. That costly health insurance. In fact, the can receive answers. means roughly 15 percent of America’s new law completely depends on their Imagine, there is a Federal Govern- youth are idle when they should be participation. Yet the report on pre- ment agency which determines who gearing up for their most productive miums released by the Department of can ask a question to them and who years. The study went on to state: Health and Human Services shows that can get an answer. Whether a Member Youth unemployment is at its highest in many young people will not qualify for of the minority or majority, every more than a decade, and young people in subsidies to make their premiums af- Member should be able to ask ques- many European countries now have a better fordable. tions and to receive those answers. shot at moving up the ladder from poor to A study published by the National Frankly, if you ask a question, you rich than they do in America. Center for Public Policy Research should be able to get an answer; and The United States has always stood found that subsidies did not exist for when you get the answer, it probably as the land of opportunity—the new people from 18 to 34 years of age in 11 should be truthful. That is my argu- home sought by immigrants from Eu- of 15 exchanges. These young people ment, and that is the purpose I have rope and from around the world, risk- will be required to pay the full price of this hold. ing life and limb for personal freedom their premiums, which we all know are I want to be very clear that I am not and economic progress. skyrocketing around this country. The voting against the nominee as an indi- It seems that the ancient European American Academy of Actuaries pub- vidual. I am voting against the agency capitals now offer young people more lished an article noting that the young itself.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7661 OPM, in my opinion, has become one I wanted, as you can imagine, but I did and also in the National Review. After of the most politicized agencies in get a response. In their letter, it says: I asked OPM have you ever dealt spe- Washington, DC. I believe the Office of In issuing our final rule, OPM will address cifically with leadership in either Personnel Management has refused to this specific issue as well as others raised by House on these proposed rules and they do its part to ensure that all Ameri- members of Congress and the public at large. told me no three times, then we find cans are treated fairly under So in this letter on September 18, I out in Politico that leadership worked ObamaCare. Specifically what I mean wanted to have a discussion with OPM, for months—months to save these very by that is I believe what is good for the and OPM says: You can read the final same longstanding subsidies, according American people should probably be rule. We are not going to have a discus- to documents and emails provided to good for Congress, and what is good for sion with you. We are not going to Politico. Congress should be good for the Amer- reach out. We are not going to come to I go back to the original question and ican people. I believe that is a standard your office. We just want you to read my concern, if you talk to an agency, which many of us in the Senate live by. the final rule, like every other Amer- do you have a right, whether you are in I think there are some who don’t, but I ican, and we are not going to have a the majority or minority, to talk to think the majority do. If something is discussion prior to issuing the rule. OPM? Do you have a right to receive good for the American people, it should Obviously, I wasn’t going to take an answer, and when you get an an- be good for Congress. And I think that for an answer, so I reached out swer, should that answer be truthful? ObamaCare is a good example of that. and I requested a formal briefing with Three times they told me no, they had For me, the most concerning issue is the Acting Director. Sure enough, we not dealt with leadership, and you can whether OPM engaged in negotiations had that meeting on September 26. So see in the press reports, the emails with the Senate and House leadership this is from August 28 all the way to that were released that was not the to secure exemptions and subsidies for September 26. I will tell you, frankly, case. Members of the Senate and the House it was a good discussion. They were What was reported in these stories is of Representatives. I wish to thank a frank. They had a couple of members of directly counter to what OPM told me colleague of mine from Louisiana, Sen- their staff there. I raised concerns in our meeting. I followed up with an- ator VITTER, for his hard-fought effort about possible back door negotiations other letter dated October 8. I asked on this particular issue. that would allow for special treatment for OPM to provide me with detailed I am not the only person here in this under the law. I asked specifically lists of all conversations or negotia- Chamber who can’t get questions an- whether OPM had engaged leadership tions that they had with leadership swered from OPM. I would like to walk on this issue. I asked that question: staff. So this is what I said specifically: for a minute the time line and the dif- Have you engaged leadership on this In light of recent press reports that Con- ficulty I have had with OPM over the issue? I asked the question three times: gressional Leadership staff negotiated with last couple of months trying to get di- Did you engage with leadership on ei- the Office of Personnel and Management rect and truthful answers from this ther the House side or Senate side on (OPM) regarding changes made to the Fed- how you wrote these rules? Three eral Employees Health Benefit Program, I agency. respectfully reiterate my request that you I will start on August 28. I wrote times I asked that question and three provide me with a detailed list of all con- OPM asking specifically from the agen- times OPM had insisted that they had versations or negotiations with any staff cy to ensure that all congressional not, that the answer was no. So they member of Senate or House Leadership. staff, including leadership and com- said no three times. They formulated These news reports run directly counter to mittee staff, be fairly treated under their proposal based on the advice of statements that you made with [me and] ObamaCare. their lawyers. three other OPM staff members during our This is what I said: I was OK with that. We had discus- meeting two weeks ago. This is a missed opportunity for the Office sions on other principles of the bill This time I got a response. I finally of Personnel Management (OPM), which cur- itself, but that was the essence of the get a response. OPM told me they rently administers and operates Congres- conversation I had and I was fine with couldn’t answer my question. They sional health care, to ensure that all Con- that. Frankly, I was ready to release told me they couldn’t answer the ques- gressional staff, including Committee and my hold. But what I did want was an- tions because the government was shut Leadership, play by the same rules as the swers in writing. I wanted to memori- down. American taxpayer. alize the conversation that we had in Pretty convenient and, frankly, very I go on to say later: my office, so I sent them another letter disturbing. All I am asking is what As you issue your final rule in order to on September 28, formally requesting OPM told me in our meetings—is it comply with Section 1312 of the Affordable OPM to provide me with a detailed list true or whether the press is reporting Care Act, I encourage you to clarify this of all conversations or negotiations the truth? Where is the truth? Senators issue once and for all and require in addition that they had with staff members of have a right to ask questions. They to Members of Congress that all Congres- sional staff—Committee and Leadership—to the Senate or House leadership when have a right to receive answers. Those go into the exchanges. crafting the proposed rule. answers should be truthful. That is I want to be super specific. On Sep- why I put on the hold. That is why I I wanted the dialog. I wanted this tember 28 we had numerous questions voted against cloture on this nominee. conversation. That is why I wrote to but question No. 4 that I had: This is why I will vote against the OPM. Of course I was looking to hear nominee, not because I have an issue back from them, and I received no an- Provide me a detailed list of all conversa- tions or negotiations you had with any staff with the nominee herself. I have a swer. I received no answer from the member of Senate or House Leadership when problem with this agency. agency, so I followed up on September crafting your proposed rule specifically, the I want to reiterate and again express 13. From August 28 to September 13, I provision giving each Member of Congress my appreciation with others in this got no answer. the authority to determine who on their Chamber who are as frustrated as I am On September 13, I wrote: staff goes to the Exchange. If you engaged in any discussions—both formal and informal— with OPM—Senator VITTER being one I would like to first express my disappoint- of them—of not being able to get an- ment with your agency’s lack of response to with Leadership staff was there any undue my stated concerns. In addition, I would like pressure received from staff during these dis- swers, to receive answers back from to reiterate my request that the Office of cussions? Do you believe this to be a conflict this particular agency. I want to say I Personnel Management (OPM) clearly man- of interest? still believe—and I think most in this date in its final rule that all Congressional So that question, that letter, was Chamber believe this—that what is im- staff, including Committee and Leadership, sent out. We had a great discussion. portant and good for the American peo- be subject to the consequences of Please memorialize, please respond, ple should be good for Congress; what ObamaCare. and I received none. That was Sep- is good for Congress should be good for I think that is a fair dialog and a fair tember 28. Please respond to that. They the American people. I stand by that question to ask. That was on Sep- refused to do that. and will be voting against final con- tember 13. Finally, on September 18, I On October 1, I started reading press firmation on this nominee. got the response. Not the response that reports, press reports both in Politico I yield the floor.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7662 CONGRESSIONAL RECORD — SENATE October 30, 2013 I suggest the absence of a quorum. The merged company will save millions of are following the rules that America’s The PRESIDING OFFICER. The dollars a year by moving—not to one side of outdated, overly complicated Tax Code clerk will call the roll. the Pacific or the other, but by reincor- provides. The assistant legislative clerk pro- porating in the Netherlands. The United States is losing hundreds ceeded to call the roll. The article goes on to note that Ap- of millions in revenue as a result. Even Ms. MURKOWSKI. Mr. President, I plied Materials’ effective tax rate will worse, it is losing jobs. When head- ask unanimous consent that the order drop from 22 percent to 17 percent as a quarters moves abroad, good-paying for the quorum call be rescinded. result of the merger. For a company jobs often go abroad too. We need to re- The PRESIDING OFFICER (Mr. that had nearly $2 billion in profit in verse that tide. We need to bring our BROWN). Without objection, it is so or- 2011, that amounts to savings of about tax system into the 21st century to dered. $100 million per year. make the United States more competi- Ms. MURKOWSKI. Mr. President, I Mergers resulting in U.S. companies tive. That is what tax reform can do. It ask unanimous consent at this time to being owned by companies in tax haven can help America overcome the com- enter into a colloquy with my col- jurisdictions such as Ireland, Bermuda, petitiveness crisis that is driving busi- league from North Dakota. or the Cayman Islands, are a new spin nesses and jobs overseas. The PRESIDING OFFICER. Is there on the old ‘‘inversion’’ problem, and it This competitiveness crisis was made objection? is becoming an increasingly popular very clear in a Harvard Business Without objection, it is so ordered. practice. School study last year with the sober- (The remarks of Ms. MURKOWSKI and The Times article highlighted the ing title: ‘‘Prosperity at Risk.’’ This Ms. HEITKAMP pertaining to the intro- following additional examples. indepth report examined the risks that duction of S. 1622 are printed in today’s Last year, the Eaton Corporation, a threaten to undermine U.S. competi- RECORD under ‘‘Statements on Intro- power management company from tiveness in the global marketplace. It duced Bills and Joint Resolutions.’’) Ohio, acquired Cooper Industries from also looked at what action we could The PRESIDING OFFICER (Mr. Ireland for $13 billion and then reincor- take in the United States to restore BLUMENTHAL). The Senator from Mon- porated in Ireland. The company ex- our country’s economic vitality. tana. pects to save $160 million a year as a Harvard Business School surveyed THE TAX CODE result of the move. 10,000 of its graduates who live and con- Mr. BAUCUS. The famed author In July, Omnicom, the large New duct business worldwide. They asked George Bernard Shaw once wrote: York advertising group, agreed to about the challenges of doing business The reasonable man adapts himself to the merge with Publicis Groupe, its French in America. These individuals are lead- world; the unreasonable one persists in try- rival, in a $35 billion deal. The new ers on the front lines of the global ing to adapt the world to himself. company will be based in the Nether- economy. They are CEOs, CFOs, busi- A few weeks ago, lost among the lands, resulting in savings of about $80 ness owners, and presidents. They are headlines about shutdowns and million a year. personally involved in decisions about showdowns was another very important Also in July, Perrigo, a pharma- whether to hire, where to locate, and news story. This story didn’t receive ceutical company from Michigan, said which markets to serve. big headlines. It didn’t make the it would acquire Elan, an Irish drug Unfortunately, these business leaders evening news, and it wasn’t trending on company, for $6.7 billion. Perrigo will are pessimistic about America’s eco- Twitter. also reincorporate in Ireland, lowering nomic future. They think America’s Yet the story in the October 8 edition its effective tax credit from 30 percent prosperity—our success, our growth, of the New York Times has serious im- to 17 percent, and saving the company and our economic status—is at serious plications for the future of our econ- an estimated $150 million a year, much risk. The vast majority of those sur- omy and our ability to adapt to the of it in taxes. veyed, 71 percent, expected U.S. com- modern world. The eye-opening article Earlier in the year, Actavis, based in petitiveness to deteriorate over the discussed the merger of a California- New Jersey, bought Warner Chilcott, a next several years. based chip maker called Applied Mate- drug maker with headquarters in Dub- A survey found that the U.S. fared rials. Applied Materials merged with a lin, and said it would reincorporate in poorly when competing to attract busi- Japanese company called Tokyo Elec- Ireland, leading to an estimated $150 ness and pointed to increased competi- tron. million in savings over 2 years. tion from emerging markets. Accord- Applied Materials is one of the big- It would be easy for us to attack ing to the survey: ‘‘For the first time gest companies in Silicon Valley, an these companies by calling them im- in decades, the business environment industry leader with a global presence. moral and unpatriotic, but it is much in the United States is in danger of They have more than 13,000 employees more constructive to step back and falling behind the rest of the world.’’ across 18 countries. Their head- ask: What’s motivating these compa- What did they identify as the root of quarters, where they got their start 46 nies? Why are they moving their head- America’s competitiveness problem? years ago, is in Santa Clara, CA. In ad- quarters abroad? How can we keep Respondents—remember, these are dition to 8,000 workers in the Bay Area them in the United States? How can we 10,000 Harvard Business School grad- of California, Applied Materials has adapt to the world and fix the problem? uates working all around the world and employees at research, development, It is a very simple issue. in the United States—pointed to Amer- and manufacturing facilities in Texas, Globalization has made America’s Tax ica’s Tax Code as the root of the prob- Utah, Massachusetts, and in my home Code system out of date. lem. Specifically, they pointed to the State of Montana. The United States is stuck with a 35 complexity of the code as one of the Now, with the merger with Tokyo percent corporate tax rate—one of the greatest current or emerging weak- Electron, what is this all-American highest in the world—and a maze of in- nesses in the U.S. business environ- company doing? It is shifting its cor- centives that only an army of tax law- ment. poration, not to Japan, but to the yers can navigate. Some of these tax The Harvard study made clear that Netherlands. That is right. This new incentives are extremely costly but are our Tax Code puts American businesses American-Japanese company will be much less valuable to businesses than a at a competitive disadvantage on the incorporated in Holland. rate reduction with the same price tag. world market. That obviously concerns Why are they moving to the Nether- When U.S. companies look abroad, us. lands? What is going on. what do they see? They see other coun- Where do we go from here? I believe In the New York Times article on the tries with more modern, more efficient, we have to reform our Tax Code. We merger, reporter David Gelles wrote: and more competitive tax codes. Then, have to adapt. We have to help make what do they do? They reincorporate America more competitive. It is very Executives at Applied Materials high- lighted a number of advantages in announc- overseas by acquiring or merging with clear. It is very simple. We have to give ing a merger recently with a smaller Japa- another business. companies such as Applied Materials a nese rival, but an important one was barely They are not necessarily breaking reason to keep their headquarters in mentioned: lower taxes. laws. In fact, many of these companies the United States.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7663 We have been through a difficult and their discussions, but at the same time NAYS—35 counterproductive period on Capitol I will continue to work on a parallel Alexander Cruz Paul Hill. The recent shutdown and the track with the Finance Committee ad- Ayotte Enzi Portman threat of default undermined con- vancing tax reform. Barrasso Graham Risch Blunt Grassley Roberts fidence in the U.S. and did $24 billion in We are working hard—in Bernard Boozman Hatch Rubio unnecessary damage to our economy. Shaw’s words—to adapt to the world Burr Heller Scott According to a report from the White and build a tax code that works. And Coats Hoeven Sessions Coburn Johnson (WI) Shelby House Council of Economic Advisers, DAVE CAMP is doing the same thing in Cochran Kirk Thune the shutdown cost 120,000 jobs in Octo- Corker Lee the House. We are going down separate Vitter Cornyn McConnell ber alone. paths but coming together with a com- Wicker Crapo Moran I spent last week home in my State, mon goal—reducing the deficit, cre- as others were in their States. I was ating jobs, and promoting economic NOT VOTING—3 meeting with my bosses, the folks and growth. We are coming together to put Inhofe Isakson Kaine citizens of Montana. They are not too America back on track. The nomination was confirmed. happy with the antics going on in Mr. President, I yield the floor, and I The PRESIDING OFFICER. The Sen- Washington, DC—and rightly so. suggest the absence of a quorum. ator from Illinois. Fortunately, that battle is behind us The PRESIDING OFFICER. The Mr. DURBIN. Mr. President, I ask and the government is back to work. It clerk will call the roll. unanimous consent the motion to re- is time for us to come together to tack- The assistant legislative clerk pro- consider be considered made and laid le the challenges facing our country. ceeded to call the roll. upon the table, with no intervening ac- Right now there are more than 11 tion or debate, and that the President million unemployed Americans looking Mr. BAUCUS. Mr. President, I ask be immediately notified of the Senate’s for work. Our economy is expected to unanimous consent that the order for action. continue growing at a sluggish rate for the quorum call be rescinded. The PRESIDING OFFICER. Without the next year, less than 3 percent. The PRESIDING OFFICER. Without objection, it is so ordered. We have to ask: How do we create objection, it is so ordered. jobs? How can we spark faster growth Mr. BAUCUS. Mr. President, I ask f in our economy? How can we boost our unanimous consent that all time on both sides be yielded back. NOMINATION OF JACOB J. LEW, OF competitiveness and keep American NEW YORK, TO BE UNITED The PRESIDING OFFICER. Without companies at home in America? STATES GOVERNOR OF THE Tax reform must be part of the solu- objection, it is so ordered. INTERNATIONAL MONETARY tion. It is not the whole solution, but it All time having been yielded, the FUND; UNITED STATES GOV- is part of the solution. question is, Will the Senate advise and ERNOR OF THE INTERNATIONAL That was the clear message I heard consent to the nomination of Kath- BANK FOR RECONSTRUCTION traveling around the country this sum- erine Archuleta, of Colorado, to be Di- AND DEVELOPMENT; UNITED mer with my friend DAVE CAMP. Dave rector of the Office of Personnel Man- STATES GOVERNOR OF THE is the chairman of the House Ways and agement? INTER-AMERICAN DEVELOPMENT Means Committee. Dave and I met with Mr. BAUCUS. I ask for the yeas and BANK; UNITED STATES GOV- families and businesses, large and nays. ERNOR OF THE EUROPEAN BANK small, to hear about their experiences The PRESIDING OFFICER. Is there a FOR RECONSTRUCTION AND DE- in dealing with the Tax Code. sufficient second? VELOPMENT We visited a family-owned bakery in There appears to be a sufficient sec- Mr. DURBIN. Mr. President, I ask Minneapolis, a small appliance store in ond. unanimous consent that cloture on New Jersey, a tech start-up in Silicon The clerk will call the roll. Valley, and a farm in Tennessee. We Calendar No. 63 be withdrawn and that The assistant legislative clerk called visited some large companies as well, the Senate proceed to vote on con- the roll. companies such as 3M, Intel, FedEx, firmation of the nomination; that the who employ thousands of people in the The PRESIDING OFFICER. Are there motion to reconsider be made and laid United States and around the world. any other Senators in the Chamber de- upon the table with no intervening ac- At every stop Dave and I heard the siring to vote? tion or debate; that no further motions same message. U.S. companies and Mr. DURBIN. I announce that the be in order; and that the President be workers, companies large and small, Senator from Virginia (Mr. KAINE) is immediately notified of the Senate’s workers employed at large and small necessarily absent. action. companies, want a more simple, more Mr. CORNYN. The following Senators The PRESIDING OFFICER. Without fair Tax Code that closes loopholes and are necessarily absent: the Senator objection, it is so ordered. helps them compete and strengthens from Oklahoma (Mr. INHOFE) and the Under the previous order, the motion our economy. Senator from Georgia (Mr. ISAKSON). to invoke cloture on the Lew nomina- This issue is not going away. It is too The result was announced—yeas 62, tion is withdrawn. important. With so many people out of nays 35, as follows: Is there any further debate? If not, work, with economic growth still too [Rollcall Vote No. 225 Ex.] the question is on agreeing to the nom- slow, with a competitiveness gap cost- YEAS—62 ination of Jacob J. Lew, of New York, ing us jobs and revenue, it is time for to be United States Governor of the Baldwin Gillibrand Murphy us to act. It is time for us to reform Baucus Hagan Murray International Monetary Fund; United our Tax Code. Begich Harkin Nelson States Governor of the International The chairman of the House and Sen- Bennet Heinrich Pryor Bank for Reconstruction and Develop- Blumenthal Heitkamp Reed ate Budget Committees brought their Boxer Hirono ment; United States Governor of the Reid Inter-American Development Bank; conferees together for the first time Brown Johanns Rockefeller today. They have come together to try Cantwell Johnson (SD) Sanders United States Governor of the Euro- Cardin King to find common ground on a budget Schatz pean Bank for Reconstruction and De- Carper Klobuchar Schumer and a plan to rebuild confidence in our Casey Landrieu velopment. economy. PATTY MURRAY and PAUL Chambliss Leahy Shaheen The nomination was confirmed. Stabenow RYAN are incredibly smart and hard- Chiesa Levin Mr. DURBIN. Mr. President, I ask Collins Manchin Tester working people. They care. And I am Coons Markey Toomey unanimous consent the cloture vote on confident they can craft a compromise Donnelly McCain Udall (CO) the Watt nomination occur imme- to help get America back on track. Durbin McCaskill Udall (NM) diately following the swearing in of I look forward to working with Feinstein Menendez Warner Senator-elect Booker, of New Jersey, Fischer Merkley Warren Chairman MURRAY and Chairman RYAN Flake Mikulski Whitehouse tomorrow, and the Senate proceed to in the tax entitlement components of Franken Murkowski Wyden legislative session and a period of

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7664 CONGRESSIONAL RECORD — SENATE October 30, 2013 morning business for debate only, with The PRESIDING OFFICER. The Sen- I also received a letter from 28 promi- Senators permitted to speak therein ator from Illinois. nent attorneys including former Illi- for up to 10 minutes each. Mr. DURBIN. Mr. President, before I nois Governor James Thompson, a Re- The PRESIDING OFFICER. Without make these remarks, let me join in publican, and current Illinois State Bar objection, it is so ordered. thanking the Senator from New Jersey. Association president Paula The PRESIDING OFFICER. The Re- Although his tenure in the Senate was Holderman. publican leader. brief, he was here during a very excit- They expressed their strong support TRIBUTE TO SENATOR CHIESA ing and interesting time in American for Ms. Millett, saying that: she em- Mr. MCCONNELL. Mr. President, as political history. We thank him for his bodies the evenhandedness, impar- we all know, today is Senator CHIESA’s service on behalf of New Jersey and tiality, and objectivity required for the last day in the Senate. wish him the very best in his future en- Federal judiciary, as evidenced by her And while the Senator has only been deavors. more than 10 years of service in the So- here four months, it has been an inter- Mr. DURBIN. Mr. President, the licitor General’s office in both the esting few months to say the least. He President has nominated three extraor- Clinton and Bush administrations. has found himself right in the middle dinarily well-qualified Americans—ap- The bottom line is that Ms. Millett is of everything from the farm bill to the pellate lawyer Patricia Millett, an outstanding nominee with broad immigration bill, to the debate over Georgetown Law professor Nina Pillard support from across the ideological Syria, to an October I am sure he will and DC District Judge Robert Wil- spectrum. There is no question that not soon forget. kins—to serve on the DC Circuit, the she is well-qualified to serve on the He has had to work out of a tem- second most important court in the bench, and she will serve with distinc- porary office, complete with vinyl sid- Nation. The DC Circuit currently has 8 tion. ing and plastic chairs. He was here for active judges out of 11 authorized I urge my colleagues to give her a less than an hour before having to take judgeships. chance with an up-or-down vote. She his first vote. He has had to deal with These nominees should be given an does not deserve to have her nomina- 99 Senators pronouncing his name 99 up-or-down vote on the Senate floor. tion filibustered. If there is anyone different ways. And one of our col- Patricia Millett is the first nominee who can step forward and question this leagues from Arizona threatened to up for consideration. Ms. Millett, who nominee’s qualifications, they should quote ‘‘waterboard’’ the Senator if he is currently in private practice, is rec- do so. They have not to date. didn’t support a particular bill. I ognized as one of the leading appellate Some of my Republican colleagues haven’t asked how that situation ended lawyers in the country. have accused the President of trying to She has argued 32 cases before the up working out, but I see the Senator ‘‘pack’’ the DC Circuit by making Supreme Court and dozens more in from New Jersey is still here. nominations to fill the outstanding va- other appellate courts. Bottom line: Senator CHIESA is going cancies in that court. This argument is Ms. Millett served in the Solicitor to have quite a few stories for his fam- simply not credible. Filling vacancies General’s office under both Democratic ily—for his wife Jenny and his kids, Al for existing judgeships is not court and Hannah. I know he is eager to get and Republican presidents. Seven packing. These judgeships are author- back home to see them—and catch up former Solicitors General—including ized by law, and it is incumbent upon on some Notre Dame football—too. prominent Republicans Paul Clement, the President to nominate qualified Even though he tells us his rank is Ted Olson and Ken Starr—sent a letter candidates to fill them. in support of Ms. Millett saying she ‘‘fourth’’ out of four in the family Others across the aisle have argued ‘‘has a brilliant mind, a gift for clear, pecking order. that the DC Circuit does not have a Well, that is at least better than persuasive writing, and a genuine zeal high enough caseload—there are just 100th out of 100. But Senator CHIESA for the rule of law. Equally important, not enough cases—to justify a full com- has not let his lack of Senate seniority she is unfailingly fair-minded.’’ stand in the way of pushing important At her hearing before the Senate Ju- plement of 11 judges. I note that these issues. diciary Committee, no Senator ques- same Republican Senators did not Human trafficking was his focus as tioned Ms. Millett’s qualifications or make that argument in 2005 when the Attorney General, and it has been his fitness for the Federal bench. She is Senate confirmed Janice Rogers Brown focus here too. He has helped convene simply an outstanding nominee. and Thomas Griffith to the 10th and committee hearings about it, he has Let me tell you why I have a per- 11th judgeships on the DC Circuit. raised the issue with administration of- sonal interest in her nomination. When the Senate confirmed the 10th ficials, he has embarked on a series of Ms. Millett is also a proud daughter and 11th judgeships in the DC Circuit school visits to educate young folks on of Illinois. She grew up in Marine, a in 2005, they were the choices of the the issue, and he has worked with the small town in the southern part of the Republican side of the aisle, even Junior Senator from Ohio to advance State that I know well. Her mother though these confirmations, which we awareness through the Caucus to End was a nurse and her father was a his- approved, reduced the Court’s workload Human Trafficking. His determination tory professor at Southern Illinois Uni- to fewer cases per active judge than is something we all admire. I know a versity—Edwardsville, one of my favor- what we would see if President lot of it comes from his strong Catholic ite campuses. Obama’s nominees were confirmed. faith. Much of it must come from his Ms. Millett graduated summa cum On April 5, the Judicial Conference of upbringing too: this is a Senator who laude from the University of Illinois the United States, which is led by Chief lost his father and was forced to be- and magna cum laude from Harvard Justice John Roberts, made its Federal come the man of the house when he Law School. She clerked for two years judgeship recommendations for the was just 8 years old. for Judge Thomas Tang on the Ninth 113th Congress. The Judicial Con- Last year, Senator CHIESA said this: Circuit Court of Appeals. ference is nonpartisan, and according If someone had ever said 20 years from now She is part of a military family. Her to its letter, its recommendations ‘‘re- you’d be the attorney general of New Jersey, husband, Robert King, served in the flect the judgeship needs of the Federal I would have laughed . . . I didn’t think I’d Navy and was deployed as part of Oper- judiciary.’’ The Judicial Conference did even have met the attorney general by the ation Iraqi Freedom. not recommend stripping any judge- age of 46. Ms. Millett also comes highly rec- ships from the DC Circuit. So this ar- Well, he has done more than that. He ommended by distinguished members gument on the other side of the aisle can add Senator to his re´sume´ too—a of the Illinois legal community. finds no support in the non-partisan Senator who has made the most of his I received a letter from Patrick Fitz- Judicial Conference’s recommenda- time here, who has done good work, gerald, the former U.S. Attorney for tions. who we have all enjoyed getting to the Northern District of Illinois, ex- My Republican colleagues like to know. So, Senator CHIESA can be proud pressing ‘‘strong support’’ for Ms. argue about workload statistics when of his service. We thank him for it, and Millett’s nomination and urging it comes to the DC Circuit, but accord- we look forward to welcoming our new- ‘‘prompt consideration of her can- ing to the Washington Post fact check- est colleague from New Jersey. didacy on the merits.’’ er Glenn Kessler, who I have come to

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7665 know, ‘‘The voluminous and detailed complishments as a lawyer are extraor- defendants. Patricia is a lawyer’s lawyer who statistics on the appeals courts allows dinary. Over the past 20 years, Patricia has is committed to the rule of law and stare de- each side to pick and choose the stats argued 32 cases before the United States Su- cisis. She embodies the evenhandedness, im- that support their position.’’ preme Court and even more in the federal ap- partiality, and objectivity required for the Republicans may claim the DC Cir- peals courts, including the D.C. Circuit. Her federal judiciary, as evidenced by her more cases have spanned the spectrum of legal than 10 years of service in the Solicitor Gen- cuit’s workload is too light, but in the issues that the D.C. Circuit confronts, in- eral’s office in both the Clinton and Bush Ad- Washington Post Mr. Kessler points cluding constitutional law, administrative ministrations. out that by some metrics, the DC Cir- law, civil and criminal procedure, commer- Patricia grew up downstate in the small cuit ‘‘could be very well in first place’’ cial disputes, national security, and civil farm town of Marine. Her father was a his- when it comes to workload. rights. Importantly, she has represented par- tory professor at Southern Illinois Univer- I also note that one of my Republican ties on both sides of those many issues, han- sity—Edwardsville and her mother was a reg- colleagues came to the floor today and dling cases for the government at every level istered nurse and hospice practitioner. Patri- explained his opposition to Ms. (federal, state, and local), private individ- cia graduated summa cum laude from the Univiery of Illinois with Highest Distinction Millett’s nomination. In doing so he uals, businesses, employers, employees, civil rights plaintiffs, prosecutors and criminal in political science, before going on to Har- cited a letter that the Senate Judiciary defendants. Patricia is a lawyer’s lawyer who vard Law School. We would be extremely Committee Democrats sent in 2006 is committed to the rule of law and stare de- proud to have someone with tremendous seeking a hearing postponement on cisis. She embodies the evenhandedness, im- qualifications—and deep ties to our state— Peter Keisler, who was nominated to partiality and objectivity required for the hold such an important judicial appoint- fill the 11th seat on the DC Circuit. I federal judiciary, as evidenced by her more ment. would like to point out that this letter than 10 years of service in the Solicitor Gen- We believe it is critically important that eral’s office in both the Clinton and Bush Ad- the country rise above partisan politics when dealt with filling the 11th seat on the it comes to judicial appointments. Such un- DC Circuit. Ms. Millett is seeking the ministrations. Patricia grew up downstate in the small warranted politicization can become a threat 9th seat. I also wish to point out that farm town of Marine. Her father was a his- to the citizens’ trust in the integrity of our the Senate had already voted to con- tory professor at Southern Illinois Univer- great judicial process. We, and the citizens of firm a nominee to be the 11th judge on sity—Edwardsville and her mother was a reg- Illinois, are counting on you and the U.S. the DC Circuit, Thomas Griffith, just 1 istered nurse and hospice practitioner. Patri- Senate to do the right thing by putting aside year before this 2006 letter. I voted for cia graduated summa cum laude from the partisan politics and supporting Patricia’s nomination. Mr. GRIFFITH on the floor. Univeristy of Illinois with Highest The bottom line is that these judicial Distriction in political science, before going Sincerely, on to the Harvard Law School. The country Sergio Acosta, Hinshaw & Culbertson vacancies currently exist, it is the LLP; Sean M. Berkowitz, Latham & President’s job to nominate qualified would be well served to have someone with her tremendous qualifications—and deep ties Watkins; Robert L. Byman, Jenner & men and women to fill them, and there to our state—hold such an important judicial Block; Vincent J. Connelly, Mayer is no question that the President’s appointment. Brown; Tyrone C. Fahner, Mayer nominee for this position, Patricia I would urge a prompt consideration of her Brown; John N. Gallo, Sidley Austin Millett, is one of the most well-quali- candidacy on the merits. LLP; Paula H. Holderman, Winston & fied persons he could have found to fill Sincerely, Strawn LLP; Donald G. Kempf, Jr., this important position. No one comes PATRICK J. FITZGERALD. Donald G. Kempf, Jr., P.C.; Steven F. Molo, MoloLamken LLP; C. Barry forward to criticize her background Montgomery, Williams Montgomery & and her resume because, frankly, it is ILLINOIS LAWYERS SUPPORTING PATRICIA MILLETT FOR THE UNITED STATES COURT OF John; Manuel Sanchez, Sanchez Dan- hard to find a nominee with any APPEALS FOR THE D.C. CIRCUIT iels & Hoffman LLP; Jeffrey Stone, stronger credentials for the Federal McDermott Will & Emery LLP; James SEPTEMBER 27, 2013. R. Thompson, Winston & Strawn LLP; bench. Hon. DICK DURBIN, Christopher B. Wilson, Perkins Coie. Let’s not play political games with U.S. Senate Hart Office Building, Julie A. Bauer, Winston & Strawn LLP; this important nomination, nor with Washington, DC. Joel D. Bertocchi, Hinshaw & people such as Patricia Millett, who Hon. MARK KIRK, Culbertson LLP; Linda T. Coberly, have put their names forward, have U.S. Senate Hart Office Building, Winston & Strawn LLP; J. Timothy Washington, DC. gone through this process, and have Eaton, Shefsky & Froelich; James R. DEAR SENATORS DURBIN AND KIRK: We write waited for us politicians to work our Figliulo, Figliulo & Silverman, P.C.; in strong support of the President’s nomina- will on the floor. She deserves an up- Rodger A. Heaton, Hinshaw & tion of Patricia Millett to the United States or-down vote. Culbertson LLP; James I. Kaplan, Court of Appeals for the District of Colum- Quarles & Brady LLP; Michael H. King, I ask unanimous consent to have bia, and urge the Senate to promptly con- Edwards Wildman; James S. Montana, printed in the RECORD the letter from firm her to this position. As lawyers here in Jr., Vedder Price; Lynn H. Murray, Illinois lawyers supporting Patricia Illinois, we care deeply about the rule of law Grippo & Elden; Suzanne Saxman, Millett for the U.S. Circuit Court of and the quality of our system of justice. We Seyfarth Shaw LLP; Thomas P. Sul- Appeals for the DC Circuit as well as strongly believe that stellar nominees with livan, Jenner & Block; Ann C. Tighe, broad bipartisan support, like Patricia, the letter, dated October 24, from Cotsirilos Tighe & Streicker; Alison should be quickly confirmed to ensure our former U.S. attorney for the Northern Siegler, University of Chicago Law justice system works effectively and effi- District Patrick Fitzgerald of Chicago. School. There being no objection, the mate- ciently. We feel even more strongly about that knowing that Patricia is an lllinois na- I yield the floor. rial was ordered to be printed in the tive. The PRESIDING OFFICER. The Sen- RECORD, as follows: We support the nomination of Patricia ator from New Hampshire. PATRICK J. FITZGERALD, Millett because we believe our system of jus- Mrs. SHAHEEN. Mr. President, I rise Chicago, IL, October 24, 2013. tice will be positively impacted with her as to join my colleague Senator DURBIN Re Patricia Millett. a member of our judiciary. Her career ac- from Illinois in support of Patricia Hon. DICK DURBIN, complishments as a lawyer are extraor- Millett’s nomination to the DC Circuit U.S. Senate, Hart Office Building, dinary. Over the past 20 years, Patricia has Court of Appeals. As he said so elo- argued 32 cases before the United States Su- Washington, DC. quently, Ms. Millett has broad bipar- Hon. MARK KIRK, preme Court and even more in the federal ap- U.S. Senate, Hart Office Building, peals courts, including the D.C. Circuit. Her tisan support, extensive public and pri- Washington, DC. cases have spanned the spectrum of legal vate sector litigation experience, and DEAR SENATORS DURBIN AND KIRK: I write issues that the D.C. Circuit confronts, in- she would make an outstanding addi- in strong support of the President’s nomina- cluding constitutional law, administrative tion to the DC Circuit Court of Ap- tion of Patricia Millett to the United States law, civil and criminal procedure, commer- peals. After graduating with honors Court of Appeals for the District of Colum- cial disputes, national security, and civil from the University of Illinois and Har- bia, and urge the Senate to promptly con- rights. Importantly, she has represented par- vard Law School, Ms. Millett clerked firm her to this position. ties on both sides of those many issues, han- I support the nomination of Patricia dling cases for the government at every level at the Ninth Circuit Court of Appeals. Millett because I believe our system of jus- (federal, state, and local), private individ- She then spent 15 years at the Depart- tice will be positively impacted with her as uals, businesses, employers, employees, civil ment of Justice, including 11 years as a member of our judiciary. Her career ac- rights plaintiffs, prosecutors, and criminal assistant to the Solicitor General in

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7666 CONGRESSIONAL RECORD — SENATE October 30, 2013 both Republican and Democratic ad- letter of support to President Obama— There being no objection, the mate- ministrations. Again, I think it is im- and Senator TIM KAINE, in his own let- rial was ordered to be printed in the portant to point out she has support on ter of support to the President claims RECORD, as follows: both sides of the aisle. her as living in Virginia—she is actu- [From the New York Times, Oct. 25, 2013] Ms. Millett has argued 32 cases before ally a daughter of the State of Maine. FOR VICTIM OF GHASTLY CRIME, A NEW FACE, the Supreme Court as well as dozens of Her mother grew up in the small town A NEW BEGINNING others at the circuit court level, and of Dexter, where Pattie went to school (By Abby Goodnough) she currently manages her law firm’s through high school. She also attended THETFORD, VT.—At 1:30 a.m. on Valentine’s Supreme Court and national appellate school in Bangor, and for a time, even Day this year, Carmen Tarleton left her practice. worked at Eastern Maine General Hos- rural home here and drove through the frigid She was unanimously rated ‘‘well pital as it was then known. She truly dark to Brigham and Women’s Hospital in qualified’’ by the American Bar Asso- comes from good Maine stock. Boston. Her doctor had called hours earlier ciation’s Standing Committee on the Millett also juggles an extremely full with the news she had been waiting for: a suitable donor had been found. She would get Federal Judiciary, and that is their life while excelling at most everything a new face. highest rating. she tries. The wife of a veteran, Pattie Almost six years had passed since her es- In addition to her professional work, herself holds a black belt in tranged husband broke into her house one Ms. Millett is very active in her com- taekwondo—a pastime that she took up spring night, beat her with a baseball bat munity. She has been a literacy tutor in order to spend more time with her and soaked her with industrial lye that he for over 20 years, and through her kids. She is also very engaged with her squirted from a dish-soap bottle. The attack church she volunteers at homeless community and volunteers at local nearly blinded Ms. Tarleton, a nurse and mother of two, and burned her beyond rec- shelters. homeless shelters. And when her hus- Ms. Millett has strong support across ognition. She lost her eyelids, upper lip and band was deployed to Iraq, she single- left ear. What remained of her face and much the political spectrum. Again, as Sen- handedly took care of their kids and of her body was a knobby patchwork of scar ator DURBIN pointed out, she has been managed to continue with her incred- tissue and skin grafts, painful to look at and endorsed by seven former Solicitors ible career. She does all of these things far more painful to live with. General of the United States, three while preparing for and arguing cases Now, after overcoming some initial fears, former Republican attorneys general, before the United States Supreme she was ready to receive someone else’s fea- tures. After 15 hours of transplant surgery, law enforcement groups, and civil Court. In fact, she has argued more rights groups. She also has tremendous Ms. Tarleton, 45, emerged from the operating cases than any other woman—over 30 room with what looked to her mother, Joan support from retired members of the cases to date. VanNorden, like a puffy, surreal mask. At military and groups representing mili- I am pleased to fully support the con- first she wanted to faint as she stared at the tary families. firmation of Patricia Millett, a true new face, smooth and freckled, stitched to In addition to being a highly quali- daughter of Maine, to serve on the D.C. her daughter’s pale scalp. But when Ms. fied nominee, Ms. Millett will fill one Circuit Court of Appeals. Tarleton started talking in her old familiar of three current vacancies on the 11- voice—‘‘Can’t you just get in here?’’—Mrs. f member DC Circuit Court. Again, as VanNorden relaxed. ‘‘I said, This is who Carmen is now,’ and it Senator DURBIN pointed out, the DC MORNING BUSINESS really looked beautiful,’’ she recalled. ‘‘Al- Circuit is considered the second-most though it didn’t look anything like her, it important court in our Nation. It is TRIBUTE TO CARMEN TARLETON was her face.’’ critical that it be fully staffed with Face transplants are still an experimental qualified judges. The court handles im- Mr. LEAHY. Mr. President. I would procedure, the first having taken place just portant terrorism and detention cases, like to take a moment to pay tribute eight years ago in France. Some two dozen it hears a large volume of complex to a Vermont woman who personifies full or partial transplants have been com- issues involving administrative actions inspirational. Carmen Tarleton’s jour- pleted worldwide, including five at Brigham ney as a survivor of domestic violence and Women’s, which used nearly $4 million of the Federal Government. The DC in research grants from the Department of Circuit is also considered the most im- began nearly 6 years ago, when her es- tranged husband broke into her home, Defense to do four of the surgeries. Arteries, portant civilian court for members of veins, nerves and muscles from the donor the Armed Services and veterans. attacked her with a baseball bat and face must be painstakingly connected to the Former DC Circuit Chief Judge Patri- doused her with industrial-strength recipient’s, in what Dr. Bohdan Pomahac, cia Wald noted ‘‘the DC Circuit hears lye. She suffered severe burns over 80 Ms. Tarleton’s chief transplant surgeon, the most complex, time-consuming, percent of her body. called ‘‘by far the most complicated oper- labyrinthine disputes over regulations I have followed Carmen’s recovery ation that I do.’’ Yet the psychological impact of a face with the greatest impact on ordinary with great interest and even greater awe. Despite the scars that left her transplant is perhaps as far-reaching as the Americans’ lives: clean air and water surgical one. Unlike a kidney or liver or regulations, nuclear plant safety, blinded and severely disfigured, Car- heart, a donated face is visible to all, chal- health care reform issues, insider trad- men made no effort to hide the effects lenging recipients and their loved ones to in- ing and more.’’ of that attack. She never sought pity, corporate an entirely new countenance into The Senate should have the oppor- nor did she dwell on the past. Instead, long-held perceptions of a person’s identity. tunity to vote up or down on all of Carmen wrote a book and went on tele- Ms. Tarleton’s appearance is still evolving: her scalp was so badly burned that hair will President Obama’s nominees to this vision, talking bravely and candidly about her long road back. She learned never return to parts of her head, but her do- important court. It is way past time we nor’s hair, the same shade of brown as her took action on this nomination. how to play the banjo and piano, and own, is growing around her forehead and I urge my colleagues to support the through the many surgeries and long temples. Her right eye remains closed, and Millett nomination. hospital stays, Carmen’s determination her left droops. Her face is sometimes mask- I yield the floor. and spirit remained unbroken. like, betraying little emotion, because the Mr. KING. Mr. President, I wish to Last February, Carmen underwent a muscles are still reconnecting and she can- discuss the nomination of Patricia miraculous face transplant at Brigham not yet move them well. And that mask, Millett to be a judge on the D.C. Cir- and Women’s Hospital in Boston, which oddly enough, looks like neither her nor the woman who donated it. cuit Court of Appeals. Pattie, as she is was detailed in an October 26 front- But eight months after the operation, known, is clearly well qualified. She page story in The New York Times. As there is evidence that Ms. Tarleton’s new has received support from Attorneys that piece pointed out, ‘‘There is evi- face is more than just donated tissue, and is General appointed by Republican Presi- dence that Ms. Tarleton’s new face is becoming part of who she is. dents, and from conservative Solicitors more than just donated tissue, (it) is When her family thinks, or even dreams, General such as Ken Starr, Theodore becoming part of who she is.’’ about her, they imagine her new visage. Olson, and Paul Clement. Her resume is I ask unanimous consent to have The ‘‘When someone at work asks me, How’s Car- New York Times article inserted in the men?’ the picture that comes up in my mind stellar, her qualifications unques- more and more is that face,’’ said Ms. tioned, and her support broad. RECORD. I believe everyone will be as Tarleton’s sister, Kesstan Blandin. Although Senator DICK DURBIN inspired by Carmen Tarleton as I have Yet for Ms. Tarleton herself, the process of claims she is an ‘‘Illinois native’’ in a been. acceptance has been trickier. For one thing,

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The two Ms. Tarleton’s former husband, Herbert have kept in touch, and Ms. Tarleton said risk to homeowners, and encouraging Rodgers, 58, pleaded guilty to a charge of she could feel Ms. Righter’s loss ‘‘so strong- communities to invest in mitigation maiming and is serving a prison sentence of ly’’—another complicating factor as she ad- measures. The rates imposed by the at least 30 years. Mr. Rodgers told the police justs. legislation we adopted last summer are that he had been angry at Ms. Tarleton, be- One Tuesday in August, Ms. Tarleton made working against those worthy goals. lieving she was seeing another man after her way yet again to Brigham and Women’s, they separated. where doctors monitor the level of anti-re- A constituent from Ocean Springs, Ms. Tarleton underwent a number of recon- jection medications in her blood and take bi- MS, contacted my office to give her structive surgeries, but with little success. opsies of the skin on her neck—which is the perspective on the legislation. She When Dr. Pomahac called in May 2011 to pro- donor’s—to look for any sign of rejection. wrote: ‘‘Built in 1986, [my house] sur- pose a face transplant, Ms. Tarleton’s mind Ms. Tarleton has undergone nearly 60 oper- first leapt to a ‘‘Twilight Zone’’ episode that vived all hurricanes including Katrina. ations, mostly skin grafts, at Brigham and I used my retirement savings to buy had jarred her as a child, about a man who Women’s and has visited 21 times since her could change his appearance to look like latest release in March. On this day she was the house. Before closing, flood insur- other people. exhausted, recovering from a bad headache ance was grandfathered at $245.00 per ‘‘Initially I felt that it was very sci-fi,’’ she the previous night and a recent fall that had year. After closing, the rate sky- said in a recent interview while curled on the left her with an aching foot. But she had a rocketed to $18,450. You can understand couch in the modest home she shares with bit of good news for her doctors. my shock.’’ If you do the math, her her two daughters. But she and her family ‘‘If I put my head on Sheldon’s chest, I can started researching, and after a few weeks of new rates are more than 75 times the feel his hair,’’ she said, ‘‘and I couldn’t be- weighing the pros and cons—for one thing, rate when she purchased her home. fore.’’ she is likely to be on immunosuppressant Ms. Tarleton also met with Bridget Bowl- I heard from Thomas Schafer, the drugs for the rest of her life, raising her risk er, a speech therapist who is helping her Mayor of Diamondhead, MS. This city of infection and cancer—Ms. Tarleton de- learn to move her new lips—where nerve cided to forge ahead. in Hancock County was ‘‘ground zero’’ After a number of trips to Boston for phys- function typically takes the longest to re- for Hurricane Katrina in 2005. Mayor ical and psychological screening to deter- turn in transplant recipients—and practice Schafer called this legislation a ‘‘dev- mine if she was a good candidate, she got on facial expressions. She still has an air of the astating loss to [his] community,’’ the donor list that fall. ‘‘It was like a big ventriloquist when she speaks, a habit that Ms. Bowler is trying to help her shake. pointing specifically to ‘‘plummeting surprise, a big gift,’’ she said. ‘‘I’d already property values with increased cost of accepted my disfigurement, fine. But I ac- ‘‘One of these days in the near future,’’ Ms. cepted it believing there wasn’t an alter- Tarleton said, ‘‘when I start to cry or I flood insurance.’’ native.’’ laugh, you’re going to be able to tell by look- These are communities that suffered The things Ms. Tarleton wanted from a ing at me how I feel.’’ These days, Ms. Tarleton has returned to the greatest natural disaster in our Na- new face were more pragmatic than aes- tion’s history in 2005, the effects of the thetic. Tight bands of scars ringed her neck, her hard-charging self. Her summer included causing debilitating pain. She drooled con- speaking engagements, weekend road trips Deepwater Horizon oil spill in 2010, and stantly and could not blink, jeopardizing a and late-night jam sessions with Mr. Stein now this. synthetic cornea in her left eye. And with and his musician friends. She decided to take The bill I join my colleagues in intro- up the banjo in addition to the piano, be- her face frozen from scarring, it was hard for ducing today aims to restrain the rate others to read her emotions. cause she wanted to join in the jams. ‘‘Our For a time, she was devastated that she whole lives,’’ she said, ‘‘are just about expe- increases to homeowners that are very could not see ‘‘the old me,’’ as she put it. But rience.’’ troublesome. she moved on, writing a book about her Ms. Blandin said Ms. Tarleton’s new face Under this bill, the Federal Emer- physical and emotional recovery from the at- has helped mute the grief she still feels gency Management Agency must pro- tack and speaking publicly about the experi- about the horrible damage done by the lye ence. She seemed mostly unconcerned about attack. ‘‘Now I just feel like a warm nos- vide assurances to Congress that it is her appearance. talgia: I know you and I haven’t forgotten using sound mapping methods to make But in December 2012, she gained a more you,’’ she said of her sister’s original face. flood insurance rate determinations. A urgent desire for a new face. She had started ‘‘She’s still Carmen in some ways, but in study by the National Academies of taking piano lessons at a music shop not far other ways she’s someone new and the face Science produced in March of this year from her home. Her teacher was Sheldon transplant represents that.’’ has called into question some of the en- Stein, an earthy, soft-spoken musician with But Ms. Tarleton’s daughters, Liza, 21, and gineering practices FEMA uses to de- whom she felt an instant affinity. The feel- Hannah, 19, who live with her in a red barn ing, it turned out, was mutual. The two say that has been converted to apartments, on a termine rates. Before we let these rates they are in love. hill thick with wildflowers, were more mat- devalue private property and perhaps ‘‘I kept looking in the mirror all of a sud- ter-of-fact when discussing her trans- even devastate local economies, we den when I met Sheldon,’’ she said. ‘‘I wasn’t formation, perhaps intentionally. need to be absolutely sure our prac- insecure before. But now—now you have feel- ‘‘Mom’s going to do what she’s going to tices and procedures are as sound as ings for somebody and now you have some- do,’’ Liza said. possible. thing to lose, when before, one of the reasons Hannah chimed in. ‘‘And we’re going to get I did so well is I had nothing to lose any- used to it,’’ she said, laughing. Second, FEMA must complete the af- more.’’ ‘‘And we’re going to support it,’’ Liza fordability study mandated by the After the operation, she went through a added, ‘‘for sure.’’ same legislation that is driving insur- harrowing three weeks when her immune With that, Liza got up to make her mother ance rates up. If rates become so high system rejected the face. But medications a hot dog. Ms. Tarleton took her spot on the that homeowners cannot participate in helped her accept the new tissue. And some couch, a barely perceptible smile flickering the program, or entire communities of the improvements she had hoped for came across her face. shortly after. Her neck pain disappeared, and opt out of the program, all participants f her left eyelid, immobile for years, began to in the program will suffer from a blink again. The drooling diminished, and is HOMEOWNER FLOOD INSURANCE smaller risk pool. It is important that likely to stop once she gets more feeling in AFFORDABILITY ACT we understand the implications of her lips. Mr. COCHRAN. Mr. President, I am these rates before we allow them to The transplant did not make Ms. Tarleton ruin people’s lives and communities. look like her donor, Cheryl Denelli Righter pleased to be a cosponsor of the Home- of North Adams, Mass., who died at 56 after owner Flood Insurance Affordability I am pleased with the work accom- a stroke. That is a typical outcome for face Act. This bipartisan, bicameral legisla- plished by the bipartisan group of Sen- transplant recipients, partly because their tion seeks to protect homeowners ators who introduced this bill. The bill bone structures are different from their do- across the country from severe flood reflects the priorities of Senators from nors’. Mysteriously, she now has a cleft in insurance rate hikes until Congress is both parties and several regions. I be- her chin, something neither Ms. Denelli Righter nor Ms. Tarleton’s old face had. provided assurances from the agency lieve it gives the Senate a strong start- Yet to Ms. Denelli Righter’s daughter, related to flood mapping methodolo- ing point to address this important something of her mother lives on in Ms. gies and affordability. issue.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7668 CONGRESSIONAL RECORD — SENATE October 30, 2013 NATIONAL MEDICINE ABUSE support. This bill fixes a catch-22 in tober 9 Azerbaijanis overwhelmingly AWARENESS MONTH current law that puts veterans who reelected President Aliyev to a third Mrs. FEINSTEIN. Mr. President, as have recently returned from overseas five year term in only their fifth Presi- Chairman of the Senate Caucus on at financial risk if they experience a dential election since Azerbaijan International Narcotics Control, I rise medical emergency. gained its independence in 1991. I, along with several of my col- in strong support of efforts being made Under current law, a veteran enrolled leagues, met privately with President across the country to reduce prescrip- in the VA system who receives emer- Aliyev in Baku several months ago to tion drug abuse as part of National gency care at a non-VA facility can be discuss the great challenges facing Medicine Abuse Awareness Month. In reimbursed for those costs only if the Azerbaijan, the United States, and our California, and throughout the coun- veteran had also received care at a VA facility in the preceding 24 months. allies in the region. try, the misuse and abuse of prescrip- I took this opportunity to personally tion and over the counter drugs is a The intent of this requirement is to en- courage veterans to seek preventative thank President Aliyev, his govern- significant problem. While the con- ment, and the Azerbaijani people for sequences are tragic and profound, care, which decreases the need for more expensive emergency care. The prob- their unwavering support for the they are also preventable. United States government and its peo- According to the Office of National lem is thousands of veterans have re- cently come home from overseas and ple. Drug Control Policy, prescription drug President Aliyev was among the first abuse is our Nation’s fastest-growing they can’t meet the 24-month require- ment through no fault of their own. few foreign leaders to call President drug problem. The U.S. Substance Bush immediately after the attacks on Abuse and Mental Health Services Ad- These veterans have scheduled their first new patient examination with VA, 9/11 to offer his country’s prayers and ministration’s 2012 National Survey on tangible support at a time of great cri- Drug Use and Health found that over but they have not yet received their examination because of VA waiting sis in our Nation. the past decade, the non-medical use of The United States and Azerbaijan times. prescription drugs among persons 12 share many common strategic inter- In other words, they haven’t received years or older rose from 1.9 million in ests. Azerbaijan plays a vital role in ef- their first VA appointment because of 2002 to 11.1 million in 2011. The 2012 Na- forts ranging from counter-terrorism, VA waiting times, but if they need to tional Survey on Drug Use and Health energy security, to the transit of U.S. go to a non-VA hospital for a medical estimates that the abuse of prescrip- and NATO supplies to and from Af- emergency VA cannot reimburse them tion medications such as pain killers, ghanistan. tranquilizers, stimulants, and sedatives because they haven’t received their As an important partner in the re- is second only to marijuana, the No. 1 first VA appointment. gion, Azerbaijan is an active partici- VA estimates 144,000 veterans are abused drug in the United States. The pant in NATO’s Partnership for Peace caught in this catch–22. With the war Centers for Disease Control have classi- program and was among the first na- in Afghanistan ending, even more vet- fied prescription drug abuse as an epi- tions to militarily support American erans will be affected. This is why vet- demic. led efforts in Iraq and Afghanistan. eran service organizations such as the To combat the epidemic of prescrip- Azerbaijan’s stability and prosperity lraq and Afghanistan Veterans of tion drug and over the counter medi- in the South Caucasus, along with its America are supporting this measure. cine abuse, many community anti-drug continued commitment to democratic This bill gives VA the flexibility to coalitions are working to raise aware- reforms, will serve as an important reimburse veterans who have not yet ness about the negative consequences beacon of hope in a complex region. received their new patient examination associated with the misuse of these f if the veterans have to go to a non-VA drugs. hospital for a medical emergency. For NATIONAL LIBERTY MEMORIAL The North Coastal Prevention Coali- Hawaii veterans in rural Oahu or the Mr. MURPHY. Mr. President, I wish tion in California is just one example neighbor islands who live far from VA to speak today about an effort long of a coalition pushing back against this facilities, emergency care outside the championed by my predecessors in the problem. Together with San Diego VA may be their only option. Just last Senate, Senators Dodd and Lieberman, County’s Prescription Drug Task week I met a veteran from Waianae and to express my commitment to Force, the Coalition has worked to cre- who had a medical emergency while carry on their work. That important ate county-wide Pain Prescribing waiting 4 months for his first appoint- project, the National Liberty Memo- Guidelines. They have helped facilitate ment at VA. Veterans such as he who rial, will commemorate the patriotism National Take Back Days during which were denied VA reimbursement would of African American soldiers during individuals are able to turn over un- get much needed relief under this legis- the American Revolution. used prescription drugs. They also de- lation. From the very first days of the veloped and disseminated a brochure In its FY2014 budget request, VA American Revolution, African Ameri- on ‘‘Safe Pain Prescribing’’ to emer- asked for the statutory authority pro- cans took part in the effort to establish gency room physicians. vided by this legislation. The VA has a new nation and secure liberty’s bless- I would like to acknowledge the crit- already budgeted for this new author- ings. They did this despite the fact ical efforts of the North Coastal Pre- ity in its FY2014 budget request, and that the vast majority of their broth- vention Coalition and other anti-drug the funding provided in H.R. 2216, as re- ers and sisters remained slaves. coalitions throughout the country in ported by the Senate Appropriations Many of these African American pa- raising awareness about and combating Committee on June 27, 2013, is suffi- triots were from Connecticut. In 1976, the misuse of prescription medications. cient to cover any additional costs VA the town of Milford established a me- By designating October 2013 as Na- will incur using this new authority. morial to six black soldiers of the Rev- tional Medicine Abuse Awareness I urge my colleagues to cosponsor olutionary War. Nero Hawley, a slave Month, Americans are able to reaffirm this commonsense legislation. We owe who joined the Continental Army and our national, state and local level com- it to our brave men and women in uni- served at Valley Forge, was later freed mitment to living healthy, drug-free form who put their lives on the line for after the war. You can visit his grave lives. our country that the VA has the tools today at Riverside Cemetery in Trum- f it needs to better serve new veterans bull. Jupiter Mars lived an extraor- accessing the care they have earned. dinary life, serving in the Continental VA EMERGENCY CARE f Army during the war. He now rests in Ms. HIRONO. Mr. President, on Mon- peace in beautiful Norfolk, CT. Cato day I introduced a bill, S. 1588, with CONGRATULATING AZERBAIJAN Meed enlisted in the Continental Army Senators MORAN, ISAKSON, and BEGICH Mr. BURR. Mr President, today I in Norwich in 1777, and served at Val- to provide an emergency safety net to wish to congratulate and offer my sup- ley Forge with General Washington. roughly 144,000 veterans waiting for VA port and encouragement to the people These soldiers fought in every battle care. I thank my colleagues for their and government of Azerbaijan. On Oc- of the Revolutionary War, from the

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7669 colonists’ defeat at the Battle of Long of over 5,000, as well as the commu- service to our country, which include Island to our final victory at York- nities where they once resided. Nearly the Bronze Star Medal with Oak Leaf town. At every point, African Amer- 20 Connecticut towns have approved Cluster, the Meritorious Service Medal ican men served bravely and with resolutions that honor them, and they with Oak Leaf Cluster, the Army Com- honor. In fact, one of the first men to have joined the ranks of those seeking mendation Medal with five Oak Leaf die in America’s struggle for independ- construction of the National Liberty Clusters, the Army Achievement ence was Crispus Attucks, who was Memorial. Medal, the Army Reserve Component shot by British troops during the Bos- At the beginning of this year Presi- Achievement Medal with seven Oak ton massacre. This dedication to the dent Obama signed into law legislation Leaf Clusters, the Iraqi Campaign war effort continued right up to the that was passed by the Congress last Medal with Bronze Service Star, the last battle when Salem Poor, a freed year that once again affirmed our pub- National Defense Service Medal with slave, earned commendation rec- lic commitment to memorialize these Bronze Service Star, the Global War on ommendations from 14 officers for his brave patriots through a new memorial Terrorism Expeditionary Medal, the bravery at Bunker Hill. In recounting in the Monumental Core of our capital Global War on Terrorism Service Poor’s performance at the battle, offi- city. Liberty Fund D.C., a nonprofit es- Medal, the Humanitarian Service cers wrote there were too many heroic tablished to lead the effort to con- Medal, the Armed Forces Reserve deeds to describe. struct the memorial, is currently Medal, the Army Service Ribbon, the Committed to the cause of American working with architects and Federal Overseas Service Ribbon with Numeral independence, African American sol- agencies to make that goal a reality. ‘2’, the Army Reserve Component Over- diers filled every role that the war re- I believe that we must do what we seas Training Ribbon with Numeral ‘2’, quired of them, whether they served on can to build this memorial. Further, I and the Joint Meritorious Unit Cita- local militias, worked as cooks and believe that a key feature of any such tion. carpenters in camps like Valley Forge, memorial is that it should be visually In addition to his excellent military or served as crewmembers on Amer- tied to the Washington Monument, the career, Colonel Van Pelt is also the ica’s first Navy ships. Many African most prominent Revolutionary-era vice president of AIC Inc., a systems Americans escaped the bondage of slav- monument in the District. There integration firm in Sherwood, AR. He ery to join the American Navy. Still should be a clear sightline from the and his wife, Kelley, have raised three others, like James Armistead, acted as memorial to the Washington Monu- children: James, a senior at the Uni- spies for the Revolution by providing ment. versity of Central Arkansas, Katie, a American patriots with vital informa- For good reason, constructing any freshman at the University of Arkan- tion needed to win the war. Regardless new memorial in the Washington, DC sas at Fayetteville, and Hannah, a jun- of their roles, they served ably and area is a rigorous process, and there ior at North Little Rock High School. with distinction. are a number of prerequisites to be met Colonel Van Pelt is a valued servant After the war, the agreements nego- before construction can begin. I look to the people of Arkansas and the tiated between slaves and masters were forward to continuing to work with United States of America. Our State largely honored and the patriots freed Liberty Fund D.C. to achieve the goals and Nation have been fortunate to have upon either enlistment or the end of of this important legislation, to ensure Colonel Van Pelt’s 30 years of service, the war. However, once they had put that a monument to the African Amer- and I can only hope he can serve an- down the weapons used to win the Na- ican patriots of the Revolutionary War other 30 years. I thank him again for tion’s independence, a few had to resort be constructed in a prominent location his dedication and commitment to to legal means to enforce their claim in our Nation’s capital. keeping our Nation and State safe.∑ to liberty. For one patriot—James f f Robinson, later of Detroit, MI, who also fought in the War of 1812—freedom ADDITIONAL STATEMENTS TRIBUTE TO BRIGADIER GENERAL did not come until the Emancipation ROGER MCCLELLAN Proclamation in 1863. Many other Afri- ∑ Mr. PRYOR. Mr. President, today I TRIBUTE TO COLONEL KIRK VAN can Americans remained trapped in wish to acknowledge and thank BG PELT bondage as the institution of slavery Roger McClellan, who will retire from expanded in spite of lawsuits, petitions, ∑ Mr. PRYOR. Mr. President, today I the Arkansas Army National Guard at and agitation. wish to recognize and congratulate Ar- the end of this month after proudly Many of these African American sol- kansas’s native son, COL Kirk Van serving 36 years. diers would go on to organize early ab- Pelt, for attaining to the rank of briga- A native of Warren, AR, Brigadier olitionist and civil rights organiza- dier general. On November 3 of this General McClellan, is a veteran of Op- tions. One such man was Samuel Har- year, Colonel Van Pelt will receive this eration Iraqi Freedom and has served ris, a soldier, Baptist minister, and well-deserved promotion at a ceremony in a variety of positions in the Arkan- early abolitionist who said, ‘‘Liberty is in Arkansas. sas Army National Guard’s 39th Infan- dear to my heart. I cannot endure the Colonel Van Pelt began his military try Brigade, including Battalion Com- thought that my countrymen live as career in 1983 and was commissioned as mander, Civil Affairs Officer S–5, and slaves.’’ Nevertheless, despite their val- a second lieutenant in 1985. Colonel Deputy Commander of the 39th Infan- iant service to this country’s founding, Van Pelt has served in a variety of po- try Brigade Combat Team. many African American soldiers were sitions in the 39th Infantry Brigade, in- Since January 1, 2008, Brigadier Gen- not treated with the dignity that their cluding Company Commander, Bat- eral McClellan has served as the Ar- service demanded. While this country’s talion Operations Officer, Battalion kansas Army National Guard Land founding documents stated that all Executive Officer, Battalion Com- Component Commander, where he has men were created equal, the Nation mander, Brigade Operations Officer, been responsible for the overall readi- still sought to hold many Americans as Brigade XO, Deputy Brigade Com- ness, training, maintenance, and oper- property. mander, and Brigade Commander. ational employment of the units as- It is estimated that the names of at Colonel Van Pelt also served as the signed and attached to the Arkansas least half of these brave soldiers would Commandant of the Arkansas Regional Army National Guard, a position which have been lost to history had it not Training Institute Officer Candidate he has commanded with distinction. been for the efforts of Plainville, CT School and the Arkansas Army Na- Brigadier General McClellan is a native Lena Santos Ferguson. Five tional Guard G3. graduate of the University of Arkansas years ago, the Daughters of the Amer- Colonel Van Pelt is a graduate of Ex- at Monticello and has earned master’s ican Revolution fulfilled a promise celsior College and received a master’s degrees from Louisiana Tech Univer- made to her in 1984 to identify as many degree from the U.S. Army War College sity in 1983 and the United States African American Revolutionary War in 2011. He is a veteran of Operation Army War College in 2003. He has re- soldiers and patriots as possible. ‘‘For- Iraqi Freedom and has received numer- ceived numerous awards and decora- gotten Patriots,’’ contains the names ous awards and decorations for his tions for his service to our country,

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7670 CONGRESSIONAL RECORD — SENATE October 30, 2013 which include the Bronze Star Medal, to U.S. interests and continue to pose MEASURES PLACED ON THE the Meritorious Service Medal, and the an unusual and extraordinary threat to CALENDAR Combat Infantry Badge. He and his the national security and foreign pol- The following bill was read the first wife, Patricia, reside in Edinburg, AR, icy of the United States. Therefore, I and second times by unanimous con- and are the proud grandparents of have determined that it is necessary to sent, and placed on the calendar: Wren, Avery, and Jackson. continue the national emergency de- H.R. 330. An act to designate a Distin- Brigadier General McClellan has been clared with respect to Sudan and main- guished Flying Cross National Memorial at a valued servant to the people of Ar- tain in force the sanctions against the March Field Air Museum in Riverside, kansas and the United States of Amer- Sudan to respond to this threat. California. ica. Our State and Nation have been BARACK OBAMA. f fortunate to have had his 36 years of THE WHITE HOUSE, October 30, 2013. EXECUTIVE AND OTHER service, and I thank him again for his f COMMUNICATIONS dedication and commitment to keeping MESSAGES FROM THE HOUSE our Nation and State safe.∑ The following communications were At 11:22 a.m., a message from the f laid before the Senate, together with House of Representatives, delivered by accompanying papers, reports, and doc- MESSAGES FROM THE PRESIDENT Mrs. Cole, one of its reading clerks, an- uments, and were referred as indicated: Messages from the President of the nounced that the House has passed the EC–3307. A communication from the Under United States were communicated to following bills, in which it requests the Secretary of Defense (Comptroller), trans- the Senate by Mr. Pate, one of his sec- concurrence of the Senate: mitting, pursuant to law, a report relative to retaries. H.R. 330. An act to designate a Distin- violations of the Antideficiency Act that in- guished Flying Cross National Memorial at volved fiscal year 2007 and 2009 Operation and f the March Field Air Museum in Riverside, Maintenance, Navy funds, that occurred at EXECUTIVE MESSAGES REFERRED California. Camp Lemonnier, Djibouti and was assigned H.R. 623. An act to provide for the convey- Navy case number 11–08; to the Committee As in executive session the Presiding ance of certain property located in Anchor- on Appropriations. Officer laid before the Senate messages age, Alaska, from the United States to the EC–3308. A communication from the Acting from the President of the United Alaska Native Tribal Health Consortium. Under Secretary of Defense (Personnel and States submitting sundry nominations H.R. 2337. An act to provide for the convey- Readiness), transmitting a report entitled which were referred to the appropriate ance of the Forest Service Lake Hill Admin- ‘‘Pilot Program: Civilian Credentialing for istrative Site in Summit County, Colorado. committees. Military Occupational Specialties’’; to the H.R. 2640. An act to amend the Wild and Committee on Armed Services. (The messages received today are Scenic Rivers Act to adjust the Crooked EC–3309. A communication from the Assist- printed at the end of the Senate pro- River boundary, to provide water certainty ant to the Board of Governors of the Federal ceedings.) for the City of Prineville, Oregon, and for Reserve System, transmitting, pursuant to other purposes. f law, the report of a rule entitled ‘‘Regu- latory Capital Rules: Regulatory Capital, REPORT RELATIVE TO THE CON- At 11:42 a.m., a message from the Implementation of Basel III, Capital Ade- TINUATION OF THE NATIONAL House of Representatives, delivered by quacy, Transition Provisions, Prompt Cor- EMERGENCY RELATIVE TO THE Mrs. Cole, one of its reading clerks, an- rective Action, Standardized Approach for ACTIONS AND POLICIES OF THE nounced that the House has passed the Risk-weighted Assets, Market Discipline and GOVERNMENT OF SUDAN AS DE- following bill, in which it requests the Disclosure Requirements, Advance Ap- concurrence of the Senate: proaches Risk-Based Capital Rule, and Mar- CLARED IN EXECUTIVE ORDER ket Risk Capital Rule’’ (RIN7100–AD64) re- 13067 OF NOVEMBER 3, 1997—PM 23 H.R. 2374. An act to amend the Securities ceived during adjournment of the Senate in Exchange Act of 1934 to provide protections the Office of the President of the Senate on The PRESIDING OFFICER laid be- for retail customers, and for other purposes. fore the Senate the following message October 17, 2013; to the Committee on Bank- from the President of the United ing, Housing, and Urban Affairs. At 3:51 p.m., a message from the EC–3310. A communication from the Sec- States, together with an accompanying House of Representatives, delivered by retary of the Treasury, transmitting, pursu- report; which was referred to the Com- Mr. Hanrahan, one of its reading ant to law, a six-month periodic report on mittee on Banking, Housing, and clerks, announced that the House has the national emergency with respect to Urban Affairs: agreed to the following concurrent res- Sudan that was declared in Executive Order 13067 of November 3, 1997; to the Committee To the Congress of the United States: olution: H. Con. Res. 62. Concurrent resolution pro- on Banking, Housing, and Urban Affairs. Section 202(d) of the National Emer- EC–3311. A communication from the Sec- gencies Act (50 U.S.C. 1622(d)) provides viding for a conditional adjournment of the House of Representatives. retary of the Treasury, transmitting, pursu- for the automatic termination of a na- ant to law, a six-month periodic report on tional emergency unless, within the 90- f the national emergency with respect to Iran day period prior to the anniversary MEASURES REFERRED that was declared in Executive Order 12170 on November 14, 1979; to the Committee on date of its declaration, the President The following bills were read the first publishes in the Federal Register and Banking, Housing, and Urban Affairs. and the second times by unanimous EC–3312. A communication from the Sec- transmits to the Congress a notice consent, and referred as indicated: retary of the Treasury, transmitting, pursu- stating that the emergency is to con- H.R. 623. An act to provide for the convey- ant to law, a six-month periodic report on tinue in effect beyond the anniversary ance of certain property located in Anchor- the national emergency with respect to So- date. In accordance with this provision, age, Alaska, from the United States to the malia that was declared in Executive Order I have sent to the Federal Register for Alaska Native Tribal Health Consortium; to 13536 on April 12, 2010; to the Committee on publication the enclosed notice stating the Committee on Indian Affairs. Banking, Housing, and Urban Affairs. that the Sudan emergency is to con- H.R. 2337. An act to provide for the convey- EC–3313. A communication from the Asso- tinue in effect beyond November 3, ance of the Forest Service Lake Hill Admin- ciate General Counsel for Regulations, Office of Housing-Federal Housing Commissioner, 2013. istrative Site in Summit County, Colorado; to the Committee on Energy and Natural Re- Department of Housing and Urban Develop- The crisis constituted by the actions sources. ment, transmitting, pursuant to law, the re- and policies of the Government of H.R. 2374. An act to amend the Securities port of a rule entitled ‘‘Manufactured Hous- Sudan that led to the declaration of a Exchange Act of 1934 to provide protections ing: Revision of Notification, Correction, and national emergency in Executive Order for retail customers, and for other purposes; Procedural Regulations’’ (RIN2502–AI84) re- 13067 of November 3, 1997, and the ex- to the Committee on Banking, Housing, and ceived during adjournment of the Senate in pansion of that emergency in Execu- Urban Affairs. the Office of the President of the Senate on tive Order 13400 of April 26, 2006, and H.R. 2640. An act to amend the Wild and October 17, 2013; to the Committee on Bank- Scenic Rivers Act to adjust the Crooked ing, Housing, and Urban Affairs. with respect to which additional steps River boundary, to provide water certainty EC–3314. A communication from the Gen- were taken in Executive Order 13412 of for the City of Prineville, Oregon, and for eral Counsel of the Federal Housing Finance October 13, 2006, has not been resolved. other purposes; to the Committee on Energy Agency, transmitting, pursuant to law, the These actions and policies are hostile and Natural Resources. report of a rule entitled ‘‘Suspended

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7671 Counterparty Program’’ (RIN2590–AA60) re- mentation Plans; Idaho; State Board Re- report of a rule entitled ‘‘Temporary Shelter ceived during adjournment of the Senate in quirements’’ (FRL No. 9901–76–Region 10) re- for Individuals Displaced by Severe Storms, the Office of the President of the Senate on ceived during adjournment of the Senate in Flooding, Landslides, and Mudslides in Colo- October 21, 2013; to the Committee on Bank- the Office of the President of the Senate on rado’’ (Notice 2013–63) received during ad- ing, Housing, and Urban Affairs. October 22, 2013; to the Committee on Envi- journment of the Senate in the Office of the EC–3315. A communication from the Assist- ronment and Public Works. President of the Senate on October 18, 2013; ant to the Board of Governors of the Federal EC–3324. A communication from the Direc- to the Committee on Finance. Reserve System, transmitting, pursuant to tor of the Regulatory Management Division, EC–3331. A communication from the Chief law, the report of a rule entitled ‘‘Regu- Environmental Protection Agency, transmit- of the Publications and Regulations Branch, latory Capital Rules: Regulatory Capital, ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the Implementation of Basel III, Capital Ade- titled ‘‘Perfluoroalkyl Sulfonates and Long- Treasury, transmitting, pursuant to law, the quacy, Transition Provisions, Prompt Cor- Chain Perfluoroalkyl Carboxylate Chemical report of a rule entitled ‘‘Fringe Benefits rective Action, Standardized Approach for Substances; Final Significant New Use Rule’’ Aircraft Valuation Formula’’ (Rev. Rul. 2013– Risk-weighted Assets, Market Discipline and (FRL No. 9397–1) received during adjourn- 20) received during adjournment of the Sen- Disclosure Requirements, Advance Ap- ment of the Senate in the Office of the Presi- ate in the Office of the President of the Sen- proaches Risk-Based Capital Rule, and Mar- dent of the Senate on October 22, 2013; to the ate on October 18, 2013; to the Committee on ket Risk Capital Rule; Final Rule’’ (RIN7100– Committee on Environment and Public Finance. AD87) received during adjournment of the Works. EC–3332. A communication from the Chief Senate in the Office of the President of the EC–3325. A communication from the Direc- of the Publications and Regulations Branch, Senate on October 22, 2013; to the Committee tor of the Regulatory Management Division, Internal Revenue Service, Department of the on Banking, Housing, and Urban Affairs. Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the EC–3316. A communication from the Acting ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘2013–2014 Special Assistant Secretary of Land and Minerals titled ‘‘Approval and Promulgation of Air Per Diem Rates’’ (Notice 2013–65) received Management, Bureau of Safety and Environ- Quality Implementation Plans; Rhode Is- during adjournment of the Senate in the Of- mental Enforcement, Department of the In- land: Prevention of Significant Deteriora- fice of the President of the Senate on Octo- terior, transmitting, pursuant to law, the re- tion; Greenhouse Gas Permitting Authority ber 18, 2013; to the Committee on Finance. port of a rule entitled ‘‘Oil and Gas and Sul- and Tailoring Rule’’ (FRL No. 9901–71–Region EC–3333. A communication from the Pro- phur Operations in the Outer Continental 1) received during adjournment of the Senate gram Manager, Centers for Medicare and Shelf—Adjustment of Service Fees’’ in the Office of the President of the Senate Medicaid Services, Department of Health and Human Services, transmitting, pursuant (RIN1014–AA12) received in the Office of the on October 22, 2013; to the Committee on En- to law, the report of a rule entitled ‘‘Medi- President of the Senate on October 1, 2013; to vironment and Public Works. care Program; FY 2014 Inpatient Prospective the Committee on Energy and Natural Re- EC–3326. A communication from the Direc- Payment Systems: Changes to Certain Cost sources. tor of the Regulatory Management Division, EC–3317. A communication from the Acting Environmental Protection Agency, transmit- Reporting Procedures Related to Dispropor- General Counsel, Federal Energy Regulatory ting, pursuant to law, the report of a rule en- tionate Share Hospital Uncompensated Care Commission, transmitting, pursuant to law, titled ‘‘Promulgation of State Implementa- Payments’’ (RIN0938–AR53) received during adjournment of the Senate in the Office of the report of a rule entitled ‘‘Generator Re- tion Plan Revisions; Revision to Prevention the President of the Senate on October 21, quirements at the Transmission Interface’’ of Significant Deterioration Program; Infra- structure Requirements for the 1997 and 2006 2013; to the Committee on Finance. (RIN1902–AE67) received during adjournment EC–3334. A communication from the Chief PM2.5 National Ambient Air Quality Stand- of the Senate in the Office of the President of the Publications and Regulations Branch, ards; Utah’’ (FRL No. 9901–92–Region 8) re- of the Senate on October 17, 2013; to the Com- Internal Revenue Service, Department of the ceived during adjournment of the Senate in mittee on Energy and Natural Resources. Treasury, transmitting, pursuant to law, the EC–3318. A communication from the Sec- the Office of the President of the Senate on report of a rule entitled ‘‘Applicable Federal retary of Energy, transmitting, pursuant to October 22, 2013; to the Committee on Envi- Rates—November 2013’’ (Rev. Rul. 2013–22) re- law, a report entitled ‘‘Report on Federal ronment and Public Works. ceived during adjournment of the Senate in EC–3327. A communication from the Direc- Agency Cooperation on Permitting Natural the Office of the President of the Senate on tor of the Regulatory Management Division, Gas Pipelines’’; to the Committee on Energy October 23, 2013; to the Committee on Fi- Environmental Protection Agency, transmit- and Natural Resources. nance. EC–3319. A communication from the Chair- ting, pursuant to law, the report of a rule en- EC–3335. A communication from the Chief man of the Federal Energy Regulatory Com- titled ‘‘Approval and Promulgation of Air of the Publications and Regulations Branch, mission, transmitting, pursuant to law, the Quality Implementation Plans; Virginia; Re- Internal Revenue Service, Department of the Commission’s fifth report on Government vised Ambient Air Quality Standards for Treasury, transmitting, pursuant to law, the dam use charges; to the Committee on En- Fine Particulate Matter’’ (FRL No. 9901–80– report of a rule entitled ‘‘Extension of Re- ergy and Natural Resources. Region 3) received during adjournment of the placement Period for Livestock Sold on Ac- EC–3320. A communication from the Direc- Senate in the Office of the President of the count of Drought in Specified Counties’’ (No- tor of Congressional Affairs, Nuclear Regu- Senate on October 22, 2013; to the Committee tice 2013–62) received during adjournment of latory Commission, transmitting, pursuant on Environment and Public Works. the Senate in the Office of the President of to law, the report of a rule entitled ‘‘Decom- EC–3328. A communication from the Direc- the Senate on October 23, 2013; to the Com- missioning of Nuclear Power Reactors’’ (Reg- tor of the Regulatory Management Division, mittee on Finance. ulatory Guide 1.184, Revision 1) received dur- Environmental Protection Agency, transmit- EC–3336. A communication from the Acting ing adjournment of the Senate in the Office ting, pursuant to law, the report of a rule en- Assistant Secretary, Legislative Affairs, De- of the President of the Senate on October 17, titled ‘‘Approval and Promulgation of Air partment of State, transmitting, pursuant to 2013; to the Committee on Environment and Quality Implementation Plans; Pennsyl- law, the report of Presidential Determina- Public Works. vania; Determinations of Attainment of the tion No. 2014–02 relative to U.S. drug inter- EC–3321. A communication from the Ad- 1997 Annual Fine Particulate Standards for diction assistance to the Government of ministrator, General Services Administra- the Liberty-Clairton Nonattainment Area’’ Brazil; to the Committee on Foreign Rela- tion, transmitting, pursuant to law, (FRL No. 9901–81–Region 3) received during tions. prospectuses that support the Administra- adjournment of the Senate in the Office of EC–3337. A communication from the Assist- tion’s fiscal year 2014 Capital Investment and the President of the Senate on October 22, ant Legal Adviser for Treaty Affairs, Depart- Leasing Program; to the Committee on Envi- 2013; to the Committee on Environment and ment of State, transmitting, pursuant to the ronment and Public Works. Public Works. Case-Zablocki Act, 1 U.S.C. 112b, as amended, EC–3322. A communication from the Direc- EC–3329. A communication from the Direc- the report of the texts and background state- tor of the Regulatory Management Division, tor of the Regulatory Management Division, ments of international agreements, other Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- than treaties (List 2013–0163- 2013–0170); to ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- the Committee on Foreign Relations. titled ‘‘Approval and Promulgation of Imple- titled ‘‘Approval and Promulgation of Air EC–3338. A communication from the Acting mentation Plans; California; South Coast; Quality Implementation Plans; Delaware; In- Assistant Secretary, Legislative Affairs, De- Contingency Measures for 1997 PM2.5 Stand- frastructure Requirements for the 2010 Nitro- partment of State, transmitting, the report ards’’ (FRL No. 9901–77–Region 9) received gen Dioxide National Ambient Air Quality of a rule entitled ‘‘Visas: Regulatory Excep- during adjournment of the Senate in the Of- Standards’’ (FRL No. 9901–83–Region 3) re- tion to Permit Compliance with the United fice of the President of the Senate on Octo- ceived during adjournment of the Senate in Nations Headquarters Agreement and Other ber 22, 2013; to the Committee on Environ- the Office of the President of the Senate on International Obligations and Clarification ment and Public Works. October 22, 2013; to the Committee on Envi- of the Definition of ‘Immediate Family’ for EC–3323. A communication from the Direc- ronment and Public Works. Certain Nonimmigrant Visa Classifications tor of the Regulatory Management Division, EC–3330. A communication from the Chief ‘‘(RIN1400–AD43) received during adjourn- Environmental Protection Agency, transmit- of the Publications and Regulations Branch, ment of the Senate in the Office of the Presi- ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the dent of the Senate on October 22, 2013; to the titled ‘‘Approval and Promulgation of Imple- Treasury, transmitting, pursuant to law, the Committee on Foreign Relations.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7672 CONGRESSIONAL RECORD — SENATE October 30, 2013 EC–3339. A communication from the Acting EC–3351. A communication from the Assist- Law, Department of Homeland Security, Assistant Secretary, Legislative Affairs, De- ant Legal Adviser for Treaty Affairs, Depart- transmitting, pursuant to law, a report rel- partment of State, transmitting, pursuant to ment of State, transmitting, pursuant to the ative to a vacancy in the position of Under law, a report prepared by the Department of Case-Zablocki Act, 1 U.S.C. 112b, as amended, Secretary for Management, Department of State on progress toward a negotiated solu- the report of the texts and background state- Homeland Security, received during adjourn- tion of the Cyprus question covering the pe- ments of international agreements, other ment of the Senate in the Office of the Presi- riod April 1, 2013 through May 31, 2013; to the than treaties (List 2013–0171- 2013–0178); to dent of the Senate on October 17, 2013; to the Committee on Foreign Relations. the Committee on Foreign Relations. Committee on Homeland Security and Gov- EC–3340. A communication from the Acting EC–3352. A communication from the Acting ernmental Affairs. Assistant Secretary, Legislative Affairs, De- Assistant Secretary, Legislative Affairs, De- EC–3363. A communication from the Chair- partment of State, transmitting, pursuant to partment of State, transmitting, pursuant to man of the Council of the District of Colum- law, a report relative to section 40(g) (2) of law, a report relative to section 36(d) of the bia, transmitting, pursuant to law, a report the Arms Export Control Act (DDTC 13–152); Arms Export Control Act (RSAT 13–3643); to on D.C. Act 20–158, ‘‘Extension of Time to to the Committee on Foreign Relations. the Committee on Foreign Relations. Dispose of Hine Junior High School Tem- EC–3341. A communication from the Acting EC–3353. A communication from the Acting porary Amendment Act of 2013’’; to the Com- Assistant Secretary, Legislative Affairs, De- Assistant Secretary, Legislative Affairs, De- mittee on Homeland Security and Govern- partment of State, transmitting, pursuant to partment of State, transmitting, pursuant to mental Affairs. law, a report relative to section 40(g) (2) of law, a report entitled ‘‘Iran-Related Multi- EC–3364. A communication from the Chair- the Arms Export Control Act (DDTC 13–160); lateral Sanctions Regime Efforts’’ covering man of the Council of the District of Colum- to the Committee on Foreign Relations. the period February 17, 2013 to August 17, bia, transmitting, pursuant to law, a report EC–3342. A communication from the Acting 2013; to the Committee on Foreign Relations. on D.C. Act 20–159, ‘‘Fire and Emergency Assistant Secretary, Legislative Affairs, De- EC–3354. A communication from the Sec- Medical Services Major Changes Temporary partment of State, transmitting, pursuant to retary of Health and Human Services, trans- Amendment Act of 2013’’; to the Committee law, a report relative to the Emergency Sup- mitting, pursuant to law, the report of a pe- on Homeland Security and Governmental Af- plemental Appropriations Act 2003 on Loan tition to add workers who were employed at fairs. Guarantees to Israel; to the Committee on the Feed Materials Production Center EC–3365. A communication from the Chair- Foreign Relations. (FMPC) in Fernald, Ohio, to the Special Ex- man of the Council of the District of Colum- EC–3343. A communication from the Acting posure Cohort; to the Committee on Health, bia, transmitting, pursuant to law, a report Assistant Secretary, Legislative Affairs, De- Education, Labor, and Pensions. on D.C. Act 20–160, ‘‘School Transit Subsidy partment of State, transmitting, pursuant to EC–3355. A communication from the Sec- Temporary Amendment Act of 2013’’; to the law, a report consistent with the Authoriza- retary of Health and Human Services, trans- Committee on Homeland Security and Gov- tion for Use of Military Force Against Iraq mitting, pursuant to law, the report of a pe- ernmental Affairs. Resolution of 1002 (P.L. 107–243) and the Au- tition to add workers who were employed at EC–3366. A communication from the Chair- thorization for the Use of Force Against Iraq the Pantex Plant in Amarillo, Texas, to the man of the Council of the District of Colum- Resolution (P.L. 102–1) for the June 20, 2013– Special Exposure Cohort; to the Committee bia, transmitting, pursuant to law, a report August 18, 2013 reporting period; to the Com- on Health, Education, Labor, and Pensions. on D.C. Act 20–183, ‘‘Chief Financial Officer mittee on Foreign Relations. EC–3356. A communication from the Sec- EC–3344. A communication from the Acting retary of Health and Human Services, trans- Compensation Temporary Amendment Act of Assistant Secretary, Legislative Affairs, De- mitting, pursuant to law, the report of a pe- 2013’’; to the Committee on Homeland Secu- partment of State, transmitting, pursuant to tition to add workers who were employed at rity and Governmental Affairs. law, a report relative to section 40(g) (2) of the Pantex Plant in Amarillo, Texas, to the EC–3367. A communication from the Chair- the Arms Export Control Act (DDTC 13–161); Special Exposure Cohort; to the Committee man of the Council of the District of Colum- to the Committee on Foreign Relations. on Health, Education, Labor, and Pensions. bia, transmitting, pursuant to law, a report EC–3345. A communication from the Acting EC–3357. A communication from the Sec- on D.C. Act 20–184, ‘‘CCNV Task Force Tem- Assistant Secretary, Legislative Affairs, De- retary of Health and Human Services, trans- porary Act of 2013’’; to the Committee on partment of State, transmitting, pursuant to mitting, pursuant to law, the report of a pe- Homeland Security and Governmental Af- law, a report relative to section 36(d) of the tition to add workers who were employed at fairs. Arms Export Control Act (DDTC 13–116); to the Pantex Plant in Amarillo, Texas, to the EC–3368. A communication from the Chair- the Committee on Foreign Relations. Special Exposure Cohort; to the Committee man of the Council of the District of Colum- EC–3346. A communication from the Assist- on Health, Education, Labor, and Pensions. bia, transmitting, pursuant to law, a report ant Secretary, Legislative Affairs, Depart- EC–3358. A communication from the Sec- on D.C. Act 20–185, ‘‘Income Tax Secured ment of State, transmitting, pursuant to retary of Health and Human Services, trans- Bond Authorization Act of 2013’’; to the Com- law, a report relative to the status of the mitting, pursuant to law, the report of a pe- mittee on Homeland Security and Govern- Government of Cuba’s compliance with the tition to add workers who were employed at mental Affairs. United States-Cuba September 1994 ‘‘Joint the Baker Brothers site in Toledo, Ohio, to EC–3369. A communication from the Chair- Communique’’ and on the treatment of per- the Special Exposure Cohort; to the Com- man of the Council of the District of Colum- sons returned to Cuba in accordance with the mittee on Health, Education, Labor, and bia, transmitting, pursuant to law, a report United States-Cuba May 1995 ‘‘Joint State- Pensions. on D.C. Act 20–186, ‘‘Community Renewable ment’’; to the Committee on Foreign Rela- EC–3359. A communication from the Sec- Energy Amendment Act of 2013’’; to the tions. retary to the Council of the District of Co- Committee on Homeland Security and Gov- EC–3347. A communication from the Acting lumbia, transmitting, pursuant to law, a re- ernmental Affairs. Assistant Secretary, Legislative Affairs, De- port on D.C. Act 20–276, ‘‘Sense of the Coun- EC–3370. A communication from the Chair- partment of State, transmitting, pursuant to cil in Support of the Fair Minimum Wage man of the Council of the District of Colum- law, a report relative to sections 36(c) and Act Emergency Resolution of 2013’’; to the bia, transmitting, pursuant to law, a report 36(d) of the Arms Export Control Act (DDTC Committee on Homeland Security and Gov- on D.C. Act 20–187, ‘‘Smoking Restriction 13–090); to the Committee on Foreign Rela- ernmental Affairs. Amendment Act of 2013’’; to the Committee tions. EC–3360. A communication from the Execu- on Homeland Security and Governmental Af- EC–3348. A communication from the Acting tive Director, Federal Retirement Thrift In- fairs. Assistant Secretary, Legislative Affairs, De- vestment Board, transmitting, pursuant to EC–3371. A communication from the Chair- partment of State, transmitting, pursuant to law, a report relative to the annual audit of man of the Council of the District of Colum- law, a report relative to section 36(c) of the the Thrift Savings Funds received during ad- bia, transmitting, pursuant to law, a report Arms Export Control Act (DDTC 13–119); to journment of the Senate in the Office of the on D.C. Act 20–188, ‘‘Bicycle Safety Amend- the Committee on Foreign Relations. President of the Senate on October 22, 2013; ment Act of 2013’’; to the Committee on EC–3349. A communication from the Acting to the Committee on Homeland Security and Homeland Security and Governmental Af- Assistant Secretary, Legislative Affairs, De- Governmental Affairs. fairs. partment of State, transmitting, pursuant to EC–3361. A communication from the Asso- EC–3372. A communication from the Chair- law, a report relative to section 36(c) of the ciate Attorney General Counsel for General man of the Council of the District of Colum- Arms Export Control Act (DDTC 13–135); to Law, Department of Homeland Security, bia, transmitting, pursuant to law, a report the Committee on Foreign Relations. transmitting, pursuant to law, a report rel- on D.C. Act 20–189, ‘‘Personal Property Rob- EC–3350. A communication from the Acting ative to a vacancy in the position of Under bery Prevention Amendment Act of 2013’’; to Assistant Secretary, Legislative Affairs, De- Secretary, Science and Technology Direc- the Committee on Homeland Security and partment of State, transmitting, the report torate, Department of Homeland Security, Governmental Affairs. of a rule entitled ‘‘Amendment to Inter- received during adjournment of the Senate EC–3373. A communication from the Chair- national Traffic in Arms Regulations: Initial in the Office of the President of the Senate man of the Council of the District of Colum- Implementation of Export Control Reform; on October 17, 2013; to the Committee on bia, transmitting, pursuant to law, a report Correction’’ (RIN1400–AD37) received during Homeland Security and Governmental Af- on D.C. Act 20–190, ‘‘Older Adult Driver Safe- adjournment of the Senate in the Office of fairs. ty Amendment Act of 2013’’; to the Com- the President of the Senate on October 22, EC–3362. A communication from the Asso- mittee on Homeland Security and Govern- 2013; to the Committee on Foreign Relations. ciate Attorney General Counsel for General mental Affairs.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7673 EC–3374. A communication from the Chair- EC–3386. A communication from the Dis- By Mr. HARKIN for the Committee on man of the Council of the District of Colum- trict of Columbia Auditor, transmitting, pur- Health, Education, Labor, and Pensions. bia, transmitting, pursuant to law, a report suant to law, a report entitled, ‘‘Audit of the *Chai Rachel Feldblum, of the District of on D.C. Act 20–191, ‘‘Veteran Status Driver’s DC Department of Parks and Recreation Fa- Columbia, to be a Member of the Equal Em- License Designation Amendment Act of cility Use and Permit Process’’; to the Com- ployment Opportunity Commission for a 2013’’; to the Committee on Homeland Secu- mittee on Homeland Security and Govern- term expiring July 1, 2018. rity and Governmental Affairs. mental Affairs. *James Cole, Jr., of New York, to be Gen- EC–3375. A communication from the Chair- EC–3387. A communication from the Dis- eral Counsel, Department of Education. man of the Council of the District of Colum- trict of Columbia Auditor, transmitting, pur- *Michael Keith Yudin, of the District of bia, transmitting, pursuant to law, a report suant to law, a report entitled, ‘‘Update on Columbia, to be Assistant Secretary for Spe- on D.C. Act 20–192, ‘‘Commercial Driver’s Li- Non-Reporting Public-Private Development cial Education and Rehabilitative Services, cense Tests Amendment Act of 2013’’; to the Construction Projects’’; to the Committee on Department of Education. Homeland Security and Governmental Af- Committee on Homeland Security and Gov- *Nomination was reported with rec- ernmental Affairs. fairs. EC–3376. A communication from the Chair- EC–3388. A communication from the Dis- ommendation that it be confirmed sub- man of the Council of the District of Colum- trict of Columbia Auditor, transmitting, pur- ject to the nominee’s commitment to bia, transmitting, pursuant to law, a report suant to law, four reports relative to the respond to requests to appear and tes- on D.C. Act 20–193, ‘‘Tax Lien Compensation Public Service Commission Agency Fund; to tify before any duly constituted com- and Relief Reporting Temporary Act of the Committee on Homeland Security and mittee of the Senate. 2013’’; to the Committee on Homeland Secu- Governmental Affairs. f rity and Governmental Affairs. EC–3389. A communication from the Dis- EC–3377. A communication from the Chair- trict of Columbia Auditor, transmitting, pur- INTRODUCTION OF BILLS AND suant to law, a report entitled, ‘‘District of man of the Council of the District of Colum- JOINT RESOLUTIONS bia, transmitting, pursuant to law, a report Columbia Agencies’ Compliance with Fiscal on D.C. Act 20–194, ‘‘District Real Property Year 2013 Small Business Enterprise Expend- The following bills and joint resolu- Tax Sale Temporary Act of 2013’’; to the iture Goals through the 3rd Quarter of the tions were introduced, read the first Committee on Homeland Security and Gov- Fiscal Year 2013’’; to the Committee on and second times by unanimous con- Homeland Security and Governmental Af- ernmental Affairs. sent, and referred as indicated: EC–3378. A communication from the Chair- fairs. By Mr. BENNET (for himself, Mr. man of the Council of the District of Colum- EC–3390. A communication from the Dis- COBURN, and Ms. AYOTTE): bia, transmitting, pursuant to law, a report trict of Columbia Auditor, transmitting, pur- S. 1611. A bill to require certain agencies to on D.C. Act 20–195, ‘‘Fiscal Year 2014 Budget suant to law, a report entitled, ‘‘Audit of the Department of Small and Local Business De- conduct assessments of data centers and de- Support Technical Clarification Temporary velopment Certified Business Enterprise Pro- velop data center consolidation and optimi- Amendment Act of 2013’’; to the Committee gram’’; to the Committee on Homeland Secu- zation plans; to the Committee on Homeland on Homeland Security and Governmental Af- rity and Governmental Affairs. Security and Governmental Affairs. fairs. EC–3379. A communication from the Chair- f By Mr. HATCH: S. 1612. A bill to deter abusive patent liti- man of the Council of the District of Colum- REPORTS OF COMMITTEES bia, transmitting, pursuant to law, a report gation by targeting the economic incentives on D.C. Act 20–196, ‘‘Board of Ethics and Gov- The following reports of committees that fuel frivolous lawsuits; to the Com- ernment Accountability Establishment and were submitted: mittee on the Judiciary. By Mr. KIRK (for himself and Mr. Comprehensive Ethics Reform Temporary By Mr. HARKIN, from the Committee on MANCHIN): Amendment Act of 2013’’; to the Committee Health, Education, Labor, and Pensions, S. 1613. A bill to amend the Fair Credit Re- on Homeland Security and Governmental Af- without amendment: fairs. H.R. 2094. A bill to amend the Public porting Act to clarify Federal law with re- EC–3380. A communication from the Chair- Health Service Act to increase the pref- spect to reporting full-file alternative data, man of the Council of the District of Colum- erence given, in awarding certain asthma-re- including positive and negative consumer bia, transmitting, pursuant to law, a report lated grants, to certain States (those allow- credit information to consumer reporting on D.C. Act 20–197, ‘‘Visitor Parking Pass ing trained school personnel to administer agencies by public utility or telecommuni- Preservation Temporary Amendment Act of epinephrine and meeting other related re- cations companies, and for other purposes; to 2013’’; to the Committee on Homeland Secu- quirements). the Committee on Banking, Housing, and rity and Governmental Affairs. H.R. 2747. A bill to amend title 40, United Urban Affairs. EC–3381. A communication from the Chair- States Code, to transfer certain functions By Ms. KLOBUCHAR (for herself, Mr. man of the Council of the District of Colum- from the Government Accountability Office BLUNT, Ms. LANDRIEU, Mr. ENZI, Mr. bia, transmitting, pursuant to law, a report to the Department of Labor relating to the BARRASSO, Mr. DURBIN, Mr. VITTER, on D.C. Act 20–206, ‘‘Medical Marijuana Cul- processing of claims for the payment of and Mr. RUBIO): tivation Center Amendment Act of 2013’’; to workers who were not paid appropriate S. 1614. A bill to require Certificates of the Committee on Homeland Security and wages under certain provisions of such title. Citizenship and other Federal documents to Governmental Affairs. By Mr. HARKIN, from the Committee on reflect name and date of birth determina- EC–3382. A communication from the Chair- Health, Education, Labor, and Pensions, tions made by a State court and for other man of the Council of the District of Colum- with an amendment in the nature of a sub- purposes; to the Committee on the Judici- bia, transmitting, pursuant to law, a report stitute: ary. on D.C. Act 20–207, ‘‘Elected Attorney Gen- S. 1302. A bill to amend the Employee Re- By Mr. WARNER: eral Implementation and Legal Service Es- tirement Income Security Act of 1974 and the S. 1615. A bill to develop and recruit new, tablishment Amendment Act of 2013’’; to the Internal Revenue Code of 1986 to provide for high-value jobs to the United States, to en- Committee on Homeland Security and Gov- cooperative and small employer charity pen- courage the repatriation of jobs that have ernmental Affairs. sion plans. been off-shored to other countries, and for EC–3383. A communication from the Dis- By Mr. HARKIN, from the Committee on other purposes; to the Committee on Com- trict of Columbia Auditor, transmitting, pur- Health, Education, Labor, and Pensions, merce, Science, and Transportation. suant to law, a report entitled, ‘‘Audit of the without amendment: By Mr. LEE: Department of Employment Services Adult S. 1557. A bill to amend the Public Health S. 1616. A bill to amend the Internal Rev- Career and Technical Education Programs’’; Service Act to reauthorize support for grad- enue Code of 1986 to provide for simplifica- to the Committee on Homeland Security and uate medical education programs in chil- tion, to reduce the number of tax brackets, Governmental Affairs. dren’s hospitals. and for other purposes; to the Committee on By Mr. HARKIN, from the Committee on EC–3384. A communication from the Dis- Finance. Health, Education, Labor, and Pensions, trict of Columbia Auditor, transmitting, pur- By Mr. JOHNSON of Wisconsin (for with an amendment in the nature of a sub- suant to law, a report entitled, ‘‘Audit of the himself, Ms. AYOTTE, Mr. BARRASSO, stitute: Mr. BLUNT, Mr. BOOZMAN, Mr. CHAM- Department of General Services Fiscal Year S. 1561. A bill to amend the Public Health BLISS, Mr. CHIESA, Mr. COBURN, Mr. 2012 Procurement of Snow and Ice Removal Service Act to improve provisions relating COCHRAN, Ms. COLLINS, Mr. CORNYN, Pretreatment Services’’; to the Committee to the sanctuary system for surplus chim- Mr. CRAPO, Mr. ENZI, Mrs. FISCHER, on Homeland Security and Governmental Af- panzees. fairs. Mr. FLAKE, Mr. GRASSLEY, Mr. EC–3385. A communication from the Dis- f HATCH, Mr. HOEVEN, Mr. INHOFE, Mr. trict of Columbia Auditor, transmitting, pur- EXECUTIVE REPORTS OF ISAKSON, Mr. JOHANNS, Mr. KIRK, Mr. suant to law, a report entitled, ‘‘Audit of COMMITTEE MCCAIN, Mr. MCCONNELL, Mr. MORAN, Non-District Resident Students Enrolled in Mr. PAUL, Mr. PORTMAN, Mr. RISCH, Public Schools’’; to the Committee on Home- The following executive reports of Mr. ROBERTS, Mr. RUBIO, Mr. SCOTT, land Security and Governmental Affairs. nominations were submitted: Mr. SESSIONS, Mr. THUNE, Mr.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7674 CONGRESSIONAL RECORD — SENATE October 30, 2013 TOOMEY, Mr. VITTER, Mr. WICKER, Mr. SUBMISSION OF CONCURRENT AND added as cosponsors of S. 1302, a bill to GRAHAM, and Mr. CORKER): SENATE RESOLUTIONS amend the Employee Retirement In- S. 1617. A bill to amend the Patient Protec- come Security Act of 1974 and the In- tion and Affordable Care Act to ensure that The following concurrent resolutions and Senate resolutions were read, and ternal Revenue Code of 1986 to provide individuals can keep their health insurance for cooperative and small employer coverage; to the Committee on Health, Edu- referred (or acted upon), as indicated: charity pension plans. cation, Labor, and Pensions. By Mr. WARNER (for himself, Mr. COR- By Ms. COLLINS (for herself, Mrs. NYN, Mr. MENENDEZ, and Mr. COONS): S. 1318 MCCASKILL, Ms. AYOTTE, and Ms. S. Res. 277. A resolution recognizing the re- At the request of Mr. SCHUMER, the HEITKAMP): ligious and historical significance of the fes- name of the Senator from New Mexico S. 1618. A bill to enhance the Office of Per- tival of Diwali; to the Committee on the Ju- (Mr. HEINRICH) was added as a cospon- sonnel Management background check sys- diciary. sor of S. 1318, a bill to amend title XIX tem for the granting, denial, or revocation of By Mr. THUNE (for himself and Mr. of the Social Security Act to cover security clearances or access to classified in- ROCKEFELLER): formation of employees and contractors of S. Res. 278. A resolution designating Octo- physician services delivered by the Federal Government; to the Committee ber 2013 as ‘‘School Bus Safety Month’’; con- podiatric physicians to ensure access on Homeland Security and Governmental Af- sidered and agreed to. by Medicaid beneficiaries to appro- fairs. f priate quality foot and ankle care, to By Mr. DONNELLY (for himself and amend title XVIII of such Act to mod- Mr. HELLER): ADDITIONAL COSPONSORS ify the requirements for diabetic shoes S. 1619. A bill to direct the Secretary of S. 310 to be included under Medicare, and for Labor to develop a strategy report to address At the request of Mr. MORAN, the other purposes. the skills gap by providing recommendations name of the Senator from Florida (Mr. to increase on-the-job training and appren- S. 1349 ticeship opportunities, increase employer RUBIO) was added as a cosponsor of S. At the request of Mr. MORAN, the participation in education and workforce 310, a bill to jump-start economic re- name of the Senator from South Da- training, and for other purposes; to the Com- covery through the formation and kota (Mr. THUNE) was added as a co- mittee on Health, Education, Labor, and growth of new businesses, and for other sponsor of S. 1349, a bill to enhance the Pensions. purposes. ability of community financial institu- By Mr. CORNYN: S. 489 tions to foster economic growth and S. 1620. A bill to prohibit the consideration At the request of Mr. WYDEN, the serve their communities, boost small of any bill by Congress unless a statement on tax transparency is provided in the bill; to name of the Senator from Hawaii (Mr. businesses, increase individual savings, the Committee on Finance. SCHATZ) was added as a cosponsor of S. and for other purposes. By Mr. FRANKEN (for himself and Mr. 489, a bill to amend the Tariff Act of S. 1361 HELLER): 1930 to increase and adjust for inflation At the request of Mr. MURPHY, the S. 1621. A bill to enhance transparency for the maximum value of articles that name of the Senator from Hawaii (Mr. certain surveillance programs authorized by may be imported duty-free by one per- SCHATZ) was added as a cosponsor of S. the Foreign Intelligence Surveillance Act of son on one day, and for other purposes. 1361, a bill to direct the Secretary of 1978 and for other purposes; to the Com- S. 582 mittee on the Judiciary. Homeland Security to accept addi- By Ms. HEITKAMP (for herself and Ms. At the request of Mr. HOEVEN, the tional documentation when considering MURKOWSKI): name of the Senator from Texas (Mr. the application for veterans status of S. 1622. A bill to establish the Alyce Spot- CRUZ) was added as a cosponsor of S. an individual who performed service as ted Bear and Walter Soboleff Commission on 582, a bill to approve the Keystone XL a coastwise merchant seaman during Native Children, and for other purposes; to Pipeline. World War II, and for other purposes. the Committee on Indian Affairs. S. 699 S. 1369 By Mr. LEE (for himself, Mr. RUBIO, RASSLEY ROWN Mr. CRUZ, Mr. PAUL, Mr. ROBERTS, At the request of Mr. G , the At the request of Mr. B , the Mr. HATCH, Mr. RISCH, Mr. JOHNSON name of the Senator from Wyoming names of the Senator from Louisiana of Wisconsin, and Mr. COBURN): (Mr. BARRASSO) was added as a cospon- (Mr. VITTER) and the Senator from New S. 1623. A bill to amend the Fair Labor sor of S. 699, a bill to reallocate Fed- Jersey (Mr. MENENDEZ) were added as Standards Act of 1938 to provide compen- eral judgeships for the courts of ap- cosponsors of S. 1369, a bill to provide satory time for employees in the private sec- peals, and for other purposes. additional flexibility to the Board of tor; to the Committee on Health, Education, S. 723 Governors of the Federal Reserve Sys- Labor, and Pensions. At the request of Mrs. GILLIBRAND, tem to establish capital standards that By Mr. BLUMENTHAL (for himself, are properly tailored to the unique Mr. UDALL of New Mexico, Mr. the names of the Senator from New MERKLEY, Mrs. SHAHEEN, and Mr. Mexico (Mr. HEINRICH), the Senator characteristics of the business of insur- CARDIN): from Massachusetts (Mr. MARKEY) and ance, and for other purposes. S. 1624. A bill to amend the Internal Rev- the Senator from Massachusetts (Ms. S. 1456 enue Code of 1986 to extend the work oppor- WARREN) were added as cosponsors of At the request of Ms. AYOTTE, the tunity credit for hiring veterans, and for S. 723, a bill to require the Commis- name of the Senator from Hawaii (Mr. other purposes; to the Committee on Fi- sioner of Social Security to revise the SCHATZ) was added as a cosponsor of S. nance. medical and evaluation criteria for de- 1456, a bill to award the Congressional By Mr. PRYOR (for himself and Mr. BOOZMAN): termining disability in a person diag- Gold Medal to Shimon Peres. S. 1625. A bill to amend section 31306 of nosed with Huntington’s Disease and to S. 1503 title 49, United States Code, to recognize waive the 24-month waiting period for At the request of Mr. DURBIN, the hair as an alternative specimen for pre- Medicare eligibility for individuals dis- name of the Senator from Alaska (Mr. employment and random controlled sub- abled by Huntington’s Disease. BEGICH) was added as a cosponsor of S. stances testing of commercial motor vehicle S. 1183 1503, a bill to amend the Public Health drivers and for other purposes; to the Com- At the request of Mr. THUNE, the Service Act to increase the preference mittee on Commerce, Science, and Transpor- tation. name of the Senator from Tennessee given, in awarding certain asthma-re- By Mr. MCCONNELL (for himself and (Mr. ALEXANDER) was added as a co- lated grants, to certain States (those Ms. AYOTTE): sponsor of S. 1183, a bill to amend the allowing trained school personnel to S. 1626. A bill to amend the Fair Labor Internal Revenue Code of 1986 to repeal administer epinephrine and meeting Standards Act of 1938 to provide employees the estate and generation-skipping other related requirements). in the private sector with an opportunity for transfer taxes, and for other purposes. S. 1559 compensatory time off, similar to the oppor- S. 1302 At the request of Mr. DURBIN, the tunity offered to Federal employees, and a flexible credit hour program to help balance At the request of Mr. HARKIN, the names of the Senator from Hawaii (Mr. the demands of work and family, and for names of the Senator from Massachu- SCHATZ) and the Senator from Hawaii other purposes; to the Committee on Health, setts (Ms. WARREN) and the Senator (Ms. HIRONO) were added as cosponsors Education, Labor, and Pensions. from West Virginia (Mr. MANCHIN) were of S. 1559, a bill to amend title 38,

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7675 United States Code, to modify the attack at the Westgate Mall in Nairobi, a bond requirement would be unreasonable method of determining whether Fili- Kenya, and reaffirming United States or unnecessary, the court shall consider— pino veterans are United States resi- support for the people and Government ‘‘(1) whether the bond will burden the abil- dents for purposes of eligibility for re- of Kenya, and for other purposes. ity of the party alleging infringement to pur- sue activities unrelated to the assertion, ac- ceipt of the full-dollar rate of com- S. RES. 276 quisition, litigation, or licensing of any pat- pensation under the laws administered At the request of Mr. MERKLEY, the ent; by the Secretary of Veterans Affairs. name of the Senator from South Da- ‘‘(2) whether the party alleging infringe- S. 1561 kota (Mr. JOHNSON) was added as a co- ment is— At the request of Ms. LANDRIEU, her sponsor of S. Res. 276, a resolution des- ‘‘(A) an institution of higher education (as name was added as a cosponsor of S. ignating October 2013 as ‘‘National defined in section 101(a) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1001(a)); or 1561, a bill to amend the Public Health Work and Family Month’’. ‘‘(B) a non-profit technology transfer orga- Service Act to improve provisions re- f nization whose primary purpose is to facili- lating to the sanctuary system for sur- tate the commercialization of technologies plus chimpanzees. STATEMENTS ON INTRODUCED developed by one or more institutions of At the request of Mr. HARKIN, the BILLS AND JOINT RESOLUTIONS higher education; name of the Senator from Maine (Ms. By Mr. HATCH: ‘‘(3) whether a licensee, who has an exclu- sive right under a patent held by an institu- COLLINS) was added as a cosponsor of S. S. 1612. A bill to deter abusive patent 1561, supra. tion of higher education or a non-profit orga- litigation by targeting the economic nization described in paragraph (2), conducts S. 1590 incentives that fuel frivolous lawsuits; further research on or development of the At the request of Mr. JOHANNS, his to the Committee on the Judiciary. subject matter to make the subject matter name was added as a cosponsor of S. Mr. HATCH. Mr. President, I ask more licensable; 1590, a bill to amend the Patient Pro- unanimous consent that the text of the ‘‘(4) whether the party alleging infringe- tection and Affordable Care Act to re- bill be printed in the RECORD. ment is a named inventor of or an original quire transparency in the operation of There being no objection, the text of assignee to an asserted patent; ‘‘(5) whether the party alleging infringe- American Health Benefit Exchanges. the bill was ordered to be printed in ment makes or sells a product related to the At the request of Mr. ALEXANDER, the the RECORD, as follows: subject matter described in an asserted pat- name of the Senator from Kansas (Mr. S. 1612 ent; ROBERTS) was added as a cosponsor of Be it enacted by the Senate and House of Rep- ‘‘(6) whether the party alleging infringe- S. 1590, supra. resentatives of the United States of America in ment can demonstrate that it has and will have the ability to pay the accused infring- S. 1606 Congress assembled, er’s fees and other expenses if ordered to do SECTION 1. SHORT TITLE; TABLE OF CONTENTS. At the request of Mr. UDALL of Colo- so; and (a) SHORT TITLE.—This Act may be cited as rado, the name of the Senator from ‘‘(7) whether any party will agree to pay the ‘‘Patent Litigation Integrity Act of Colorado (Mr. BENNET) was added as a the accused infringer’s shifted fees and other 2013’’. cosponsor of S. 1606, a bill to designate expenses, provided that the person or entity (b) TABLE OF CONTENTS.—The table of con- can demonstrate that it has and will have the community-based outpatient clinic tents for this Act is as follows: of the Department of Veterans Affairs the ability to pay the accused infringer’s Sec. 1. Short title; table of contents. to be constructed at 3141 Centennial shifted fees and other expenses.’’. Boulevard, Colorado Springs, Colorado, TITLE I—MANDATORY FEE SHIFTING (b) TECHNICAL AND CONFORMING AMEND- Sec. 101. Litigation and other expenses. MENT.—The table of sections for chapter 29 of as the ‘‘PFC Floyd K. Lindstrom De- title 35, United States Code, as amended by TITLE II—DISCRETIONARY BONDING partment of Veterans Affairs Clinic’’. section 101, is amended by inserting after the S.J. RES. 15 Sec. 201. Motion for a bond. item relating to section 285 the following: At the request of Mr. CARDIN, the TITLE I—MANDATORY FEE SHIFTING ‘‘285A. Motion for a bond.’’. name of the Senator from Massachu- SEC. 101. LITIGATION AND OTHER EXPENSES. setts (Ms. WARREN) was added as a co- (a) IN GENERAL.—Section 285 of title 35, By Mr. JOHNSON of Wisconsin sponsor of S.J. Res. 15, a joint resolu- United States Code, is amended to read as (for himself, Ms. AYOTTE, Mr. tion removing the deadline for the rati- follows: BARRASSO, Mr. BLUNT, Mr. fication of the equal rights amend- ‘‘§ 285. Fees and other expenses BOOZMAN, Mr. CHAMBLISS, Mr. ment. ‘‘The court shall award to a prevailing CHIESA, Mr. COBURN, Mr. COCH- party reasonable fees and other expenses, in- RAN, Ms. COLLINS, Mr. CORNYN, S. RES. 203 cluding attorney fees, incurred by that party Mr. CRAPO, Mr. ENZI, Mrs. At the request of Mrs. FEINSTEIN, the in connection with a civil action in which FISCHER, Mr. FLAKE, Mr. name of the Senator from Massachu- any party asserts a claim for relief arising GRASSLEY, Mr. HATCH, Mr. setts (Ms. WARREN) was added as a co- under any Act of Congress relating to pat- HOEVEN, Mr. INHOFE, Mr. ISAK- sponsor of S. Res. 203, a resolution ex- ents, unless the court finds that the position SON, Mr. JOHANNS, Mr. KIRK, pressing the sense of the Senate re- and conduct of the nonprevailing party or Mr. MCCAIN, Mr. MCCONNELL, garding efforts by the United States to parties were substantially justified or that Mr. MORAN, Mr. PAUL, Mr. resolve the Israeli-Palestinian conflict special circumstances make an award un- PORTMAN, Mr. RISCH, Mr. ROB- through a negotiated two-state solu- just.’’. (b) TECHNICAL AND CONFORMING AMEND- ERTS, Mr. RUBIO, Mr. SCOTT, Mr. tion. MENT.—The table of sections for chapter 29 of SESSIONS, Mr. THUNE, Mr. S. RES. 251 title 35, United States Code, is amended by TOOMEY, Mr. VITTER, Mr. striking the item relating to section 285 and At the request of Mr. SESSIONS, the WICKER, Mr. GRAHAM, and Mr. inserting the following: name of the Senator from Alaska (Ms. CORKER): MURKOWSKI) was added as a cosponsor ‘‘285. Fees and other expenses.’’. S. 1617. A bill to amend the Patient of S. Res. 251, a resolution expressing TITLE II—DISCRETIONARY BONDING Protection and Affordable Care Act to the sense of the Senate that the United SEC. 201. MOTION FOR A BOND. ensure that individuals can keep their States Preventive Services Task Force (a) IN GENERAL.—Chapter 29 of title 35, health insurance coverage; to the Com- should reevaluate its recommendations United States Code, is amended by inserting mittee on Health, Education, Labor, against prostate-specific antigen-based after section 285 the following: and Pensions. screening for prostate cancer for men ‘‘§ 285A. Motion for a bond Mr. JOHNSON of Wisconsin. Mr. in all age groups in consultation with ‘‘(a) IN GENERAL.—The court, on motion by President, I come before you today to appropriate specialists. the defendant or a respondent in a pro- introduce a piece of legislation which S. RES. 268 ceeding, may order the party alleging in- is timely and very much needed. fringement to post a bond sufficient to en- At the request of Mr. COONS, the One of the reasons I decided to run sure payment of the accused infringer’s rea- name of the Senator from Maryland sonable fees and other expenses, including for the Senate was the passage of the (Ms. MIKULSKI) was added as a cospon- attorney fees. health care law. The reason I thought sor of S. Res. 268, a resolution con- ‘‘(b) FACTORS TO BE CONSIDERED.—For pur- it was pretty important is because I demning the September 2013 terrorist poses of this section, in determining whether said at the time that passage of the

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7676 CONGRESSIONAL RECORD — SENATE October 30, 2013 health care law represented the great- ObamaCare caused them a great deal of If you like your doctor, you will be able to est assault on our freedoms in my life- stress. It is causing them a great deal keep your doctor. Period. If you like your time. I believe that is true, and I be- of stress. health care plan, you will be able to keep They tried to get on healthcare.gov your health care plan. Period. No one will lieve that is being borne out today. We take it away. No matter what. are witnessing it today. almost 40 times without success. They The passage of the health care law contacted our office. We have done ev- I think I have made my point, but I resonated with me. It made such an im- erything we can to help them. have another 13 quotes I can continue pact on me because my wife and I are They have been in touch with some reading that basically make the same point with the same promise and the beneficiaries of the freedom that we of the insurance carriers that will be same guarantee. had with our current health care sys- part of the exchange participating in As recently as the beginning of this Wisconsin. They have received quotes. tem. Our first child, our daughter month, on the White House Web site it This was preliminary. This isn’t final, Carey was born with a very serious says: congenital heart defect. Her aorta and but under the high-risk pool their max- imum out-of-pocket exposure, includ- We’ve got some good news for you. If you pulmonary arteries were reversed. Her currently have private health insurance, you first day of life, our daughter Carey ing the cost of their premiums, is should be able to keep it, and that’s exactly was rushed down to Children’s Hospital about $20,000 per year. He is working what the health care law says. of Wisconsin in Milwaukee, where a and has a good job. They can barely af- Unfortunately, today over 2 million wonderful man, Dr. John Thomas, ford that. Americans have received cancellation came in at 1:30 in the morning and did Preliminary indications show that notices of their insurance policies—the a procedure and saved her life. exposure will double to $40,000. The policies they chose, and that for just a Eight months later, when her heart only reason they might remain whole little more time they will have the was the size of a small plum, another is they may qualify for a subsidy. No- freedom to choose. They won’t have incredibly dedicated team of medical body can calculate it yet. They have that freedom come January 1. professionals in 7 hours of open-heart received three different answers. It is So one of two possibilities is true. Ei- surgery totally reconstructed the like taking a tax return to 100 different ther President Obama was being en- upper chamber of her heart. Her heart preparers and getting 100 different re- tirely dishonest with the American operates backwards today. She is 30 sults of what tax is owed. But based on public when he made those repeated years old and a nurse practitioner prac- those preliminary estimates it is look- promises, those repeated guarantees or ticing at that same hospital in which ing as though their total exposure he was totally disengaged from the her life was saved. She married about 3 won’t be $20,000, it will be more like process, did not have a clue what was weeks ago. $40,000, and their subsidy might cover in his own health care plan or did not Our story has a happy ending because half of that. So their health care ex- understand the incredibly negative my wife Jane and I had that freedom. I pense didn’t decline, as President consequences of that health care plan. was able to call Boston Children’s and Obama promised, by $2,500 per year. It That brings me to my bill. The rea- Chicago children’s hospitals and talk is going to virtually double. And if it son President Obama can claim if you to the preeminent surgeons in the doesn’t double, it is because the Amer- like your health care plan you can world—which means in America—and ican taxpayer will be picking up that keep it is that within the health care find out what is the most advanced other half. bill there actually is a grandfather medical treatment, the most advanced So one of the primary promises made clause. The first two paragraphs of surgical technique at the time. We by President Obama—that if we passed that grandfather clause actually would were able to avail ourselves of that, a health care law, the cost to a family work. The problem is those first two and now I have a beautiful daughter health care plan would decline by $2,500 paragraphs or sections are followed by who is 30 years old. She is also taking a year by the end of his first term—has an evisceration of the grandfather care of those little babies in a neonatal been broken. That was not true. clause. So basically what we have is a intensive care unit. Of course, the other very famous phony grandfather clause contained I decided to file this piece of legisla- promise the President made repeatedly within the Patient Protection and Af- tion today because as a Senator from was: If you like your health care plan, fordable Care Act. the State of Wisconsin we have been you can keep your health care plan. I My piece of legislation—the If You getting a number of phone calls in our would like to go through a number of Like Your Health Plan You Can Keep office from Wisconsinites who are get- times President Obama actually made it Act—actually is a real grandfather ting letters of cancellation from their that statement. He looked the Amer- clause and it uses President Obama’s insurance companies. In particular, one ican people in the eye, trying to sell exact language. All my bill does is it couple touched my heart and gave me a his health care plan, and guaranteed simply strikes the phony grandfather great cause for concern. them if they liked their health care clause and inserts basically the exact This couple—who do not want to be plan they would be able to keep it. same language that was there, al- identified because they fear IRS ret- On March 6, 2009, he said: though we remove those exceptions, ribution, which is a little different If somebody has insurance they like, they those mandates. In other words, we story and a little off topic, but I think should be able to keep that insurance. If eviscerate the evisceration of the it is worth pointing out—both have they have a doctor they like, they should be grandfather clause. cancer. The wife has stage IV lung can- able to keep their doctor. I am here today to announce I have cer. The husband is recovering from On May 11, 2009: filed that bill. We have at least 35 Re- prostate cancer. It is in remission. Americans must have the freedom to keep publican cosponsors of the bill. I know This couple had availed themselves whatever doctor and health care plan they the House is moving a similar piece of and are currently covered under the have. legislation. I know there is talk, and Wisconsin high-risk insurance pool. It On June 2, 2009: hopefully we will be joined by our is a high-risk pool that works. I know If they like the coverage they have now, Democratic colleagues. It is a simple in my business, when we had individ- they can keep it. proposition. I am asking every Senator uals who were lasered off of our insur- That was from a letter to Senate to join me in passing this bill, the true ance policy, those individuals were Democratic leaders. grandfather clause, to help President able to avail themselves of this shar- On June 11, 2009, President Obama Obama keep his promise to the Amer- ing-of-the-risk pool in the high-risk said: ican people. pool. It works and it is affordable. Americans must have the freedom to keep I have to say that, unfortunately, This couple received their notice of whatever doctor and health care plan they this bill won’t help the Wisconsin cou- cancellation from the high-risk pool, have. ple I would so like to help, so like to and they panicked. They were in a On June 15, 2009—and this is probably guarantee they can keep their health panic. the most famous one I remember—in care coverage. The only way we can When one has stage IV lung cancer, an address to the American Medical help that couple is if we repeal the en- the last thing one needs is stress. Association, President Obama said: tire law, because the guaranteed issue,

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7677 high-risk pools are extinct. They do doing classified government work. This personnel under-report lifestyle not exist. That coverage is gone. But if led GAO to designate the DOD clear- changes, allegiance changes, and derog- my Democratic Senate colleagues will ance program as a high-risk area, and atory information for fear of job loss, join me in passing this bill—the If You in 2005 for DOD to transfer its per- embarrassment, and, most important, Like Your Health Plan You Can Keep sonnel security function and about the discovery of nefarious intent. Fur- it Act—we can keep President Obama’s 1,600 personnel to OPM. At the time, ther, because the system relies on self- promise to millions of Americans. I this change seemed a logical step in ad- reported data, the chances of someone think it is worth it, and I ask all my dressing the problems caused by the getting caught are minimal. Between Senate colleagues to join me in this ef- backlog. And by 2008 OPM had elimi- 1997 and 2013, of the civilian clearances fort. nated the backlog and announced end- issued, fewer than one percent were re- to-end electronic processing of back- voked. This can mean that the people By Ms. COLLINS (for herself, ground investigations. Now, OPM over- who are cleared very seldom-go bad, Mrs. MCCASKILL, Ms. AYOTTE, sees approximately 90 percent of all that cleared individuals are not self-re- and Ms. HEITKAMP): background investigations for security porting changes in their lives, or the S. 1618. A bill to enhance the Office of clearances with the assistance of pri- current process is not detecting every- Personnel Management background vate sector contractors. thing. check system for the granting, denial, Although we have made significant In 2004, I sponsored the Intelligence or revocation of security clearances or advances in the processing of back- Reform and Terrorism Prevention Act, access to classified information of em- ground checks, there is still a gaping which became law in December of that ployees and contractors of the Federal hole in the current security clearance year. This law allows for the use of ad- Government; to the Committee on process that has enabled people who ex- vanced technology and third party Homeland Security and Governmental hibit obvious signs of high-risk behav- databases to expedite, verify, and en- Affairs. ior to remain undetected. We have seen hance the investigative and adjudica- Ms. COLLINS. Mr. President, today, this time and time again in incidents tive process. The government needs to Senator MCCASKILL, Senator AYOTTE, like Edward Snowden’s disclosure of utilize existing solutions, which are al- Senator HEITKAMP, and I are intro- stolen classified information, and most ready used by law enforcement, to ducing the Enhanced Security Clear- recently we have Aaron Alexis, the automate random audits on individuals ance Act of 2013, which would strength- Navy Yard shooter with apparently se- with active security clearances. en our process for allowing federal em- vere mental illness. If random audits had been in place ployees and other individuals to have Once an individual is cleared, the after Aaron Alexis’s secret clearance access to classified information. We process of maintaining the clearance was granted in 2007, red flags would must improve our current security requires a reinvestigation at various have been generated with his arrest in clearance process to prevent, as much points in time based upon the type of 2009 and the two liens on his property, as possible, future incidents such as clearance. These ‘‘gaps’’ between clear- which could indicate potential exces- the murders at the Washington Navy ance and re-clearance can be 5, 10 or sive financial hardship. Further, it Yard. Our bill directs OPM to institute even 15 years, and most of the data is may have identified a potential alias at least two audits of every security self-reported by the individuals them- with a vast social media trail indi- clearance at random times during each selves. These periods of time pose a sig- cating other concerning traits. The five-year period the clearance is active. nificant concern in the current clear- alerts generated would have prompted Any red flags raised would then be re- ance process. OPM has announced, in OPM to notify DOD, which would have ported back to the employing agency some cases, that it is going to reduce provoked a reevaluation before Alexis’s to determine if a re-investigation of the time frame down to one year, but 2017 re-clearance. This re-evaluation the clearance is needed. this is not the case for all clearances. could have discovered that he openly As a former Chairman and Ranking People’s lives may change dramati- discussed ‘‘hearing voices,’’ a clear sign Member of the Homeland Security and cally over these gaps of time, which of his mental illness. A random audit Governmental Affairs Committee, the poses significant and unnecessary secu- would have alerted OPM of these new issue of background investigations as rity risks. issues and potentially averted tragedy. it relates to security clearances is an The United States issues approxi- The OPM Background Investigation issue with which I am well acquainted. mately 5 million clearances to govern- process must be capable of flagging There needs to be a balance between ment employees and contractors, and high-risk individuals holding clear- processing of clearances quickly the ongoing review process is con- ances and alert case officers of situa- enough to allow individuals to do their ducted manually, by a limited number tions requiring review before any ad- jobs, but also thoroughly enough to of investigators. Further, the manual verse consequence takes place. The flag potential problems. process is flawed. The OPM Inspector current process, however, is dated, but Following the attacks of September General recently reviewed 18 investiga- the system can be strengthened to bet- 11, 2001, and several high-profile espio- tors and found disturbing abuses in the ter help the government identify these nage cases, heightened national secu- quality of clearance investigations dangerous individuals. OPM must ad- rity concerns underscored the need for they conducted, which included inter- dress the blind spots that exist in the a timely, high-quality personnel secu- views that never occurred, answers to current manual security clearance re- rity clearance process. In the early questions that were never asked, and view process. The shooting tragedies at part of this decade, the Department of record checks that were never con- the Washington Navy Yard, along with Defense processed hundreds of thou- ducted. Even if done properly, however, the information security breaches per- sands of security clearance background given the limited number of investiga- petrated by Bradley Manning and Ed- investigation requests—both initial tive agents in the field, it is not fea- ward Snowden, have demonstrated that and re-clearances, for service members, sible to manually track nearly five the current security clearance process government employees, and industry million clearances effectively. is inadequate. personnel who were conducting classi- For example, in fiscal year 2010, This legislation has been endorsed by fied work for the government. The fewer than one percent of all contrac- the Federal Managers Association; the timeliness of DOD’s security clearance tors with clearances filed an incident FBI Agents Association; the Alcohol- process was a problem which, when report, despite the fact that they are Tobacco-Firearms and Explosives Asso- coupled with an increased demand for required to file these reports on a wide ciation; The International Association security clearances, had led to a back- variety of events including marital sta- of Chiefs of Police; The International log of more than 500,000 investigations. tus change, excessive financial hard- Federation of Professional and Tech- Delays in updating overdue clear- ship, and criminal activity, to main- nical Engineers, AFL-CIO & CLC; The ances for command, agency, and indus- tain their clearance. Generally, such National Native American Law En- try personnel performing classified events occur in the lives of more than forcement Association; TechAmerica; government work increased risks to half of the U.S. population during the General Dynamics Information Tech- national security and the costs of same time periods. The fact is, cleared nologies; LexisNexis; Lt. Gen. Charles

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7678 CONGRESSIONAL RECORD — SENATE October 30, 2013 J. Cunningham Jr., Former Director of ‘‘(iii) a motion to waive the point of order the United States has a legal commit- the Defense Security Service, 1999–2002; shall not be amendable. ment. This is a Federal trust responsi- Brian Stafford, Former Director of the ‘‘(d) DISPOSITION OF POINT OF ORDER IN THE bility that is owed to these children. United States Secret Service, 1999–2003; HOUSE OF REPRESENTATIVES.— I thank Senator HEITKAMP for her ‘‘(1) IN GENERAL.—If a Member of the House commitment and for her compassion to Howard Safir, Former Police Commis- of Representatives makes a point of order sioner of New York City, 1996–2000; under this section, the Chair shall put the address these issues facing our Nation’s Floyd Clarke, Former Director of the question of consideration with respect to the indigenous children by introducing leg- Federal Bureau of Investigation, 1993; proposition of whether any statement made islation to establish the Commission and Michael Sullivan, Former Acting under subsection (a) was adequate or, in the on Native Children. I will defer to my Director of the ATF, 2006–2009, and US absence of such a statement, whether a colleague so we can have a conversa- Attorney for the District of Massachu- statement is required under subsection (a). tion about this, but it is important to setts, 2001–2009. ‘‘(2) CONSIDERATION.—For a point of order note that the very first time I had ever under this section made in the House of Rep- We must act now. Our legislation met Senator HEITKAMP, we literally ex- resentatives— changed handshakes, introduced our- represents a sensible path forward to ‘‘(A) the question of consideration shall be protect national security and to help debatable for 10 minutes, equally divided and selves, and within 5 minutes we were prevent future tragedies. I urge my col- controlled by the Member making the point talking about children’s issues, Native leagues to support this common sense of order and by an opponent, but shall other- children’s issues in our respective solution. wise be decided without intervening motion States. That little 5-minute discussion except one that the House of Representatives led to much further discussion later on By Mr. CORNYN: adjourn or that the Committee of the Whole and a commitment to work to address S. 1620. A bill to prohibit the consid- rise, as the case may be; these issues. eration of any bill by Congress unless a ‘‘(B) in selecting the opponent, the Speaker I do have many remarks I would like statement on tax transparency is pro- of the House of Representatives should first to make this afternoon, but I would recognize an opponent from the opposing like my colleague from North Dakota, vided in the bill; to the Committee on party; and Finance. ‘‘(C) the disposition of the question of con- who has worked so diligently on this Mr. CORNYN. Mr. President, I ask sideration with respect to a measure shall be issue, with her staff working with my unanimous consent that the text of the considered also to determine the question of staff, to describe to our colleagues the bill be printed in the RECORD. consideration under this section with respect legislation that today we are both in- There being no objection, the text of to an amendment made in order as original troducing establishing the Commission the bill was ordered to be printed in text. on Native Children. ‘‘(e) RULEMAKING AUTHORITY.—The provi- the RECORD, as follows: The PRESIDING OFFICER. The Sen- sions of this section are enacted by the Con- ator from North Dakota. S. 1620 gress— Be it enacted by the Senate and House of Rep- Ms. HEITKAMP. Mr. President, I will ‘‘(1) as an exercise of the rulemaking power start with a story because I think a lot resentatives of the United States of America in of the House of Representatives and the Sen- Congress assembled, ate, respectively, and as such they shall be of us come to the Senate with a lot of SECTION 1. SHORT TITLE. considered as part of the rules of each House, experiences, a lot of common experi- This Act may be cited as the ‘‘Tax Trans- respectively, or of that House to which they ences, and I think the Senator from parency Act of 2013’’. specifically apply, and such rules shall su- Alaska and I have shared this common SEC. 2. TAX EFFECT TRANSPARENCY. persede other rules only to the extent that experience of seeing the despair, look- (a) IN GENERAL.—Chapter 2 of title 1, they are inconsistent therewith; and ing at the statistics, but more impor- United States Code, is amended by inserting ‘‘(2) with full recognition of the constitu- tantly, in my case, in Indian Country, after section 102 the following: tional right of either House to change such and in her case, working with indige- ‘‘§ 102a. Tax effect transparency rules (so far as relating to such House) at nous people, seeing that so much more any time, in the same manner, and to the ‘‘(a) IN GENERAL.—Each Act of Congress, same extent as in the case of any other rule needs to be done; seeing the disparities bill, resolution, conference report thereon, or in education, seeing the disparities in amendment there to, that modifies Federal of such House.’’. (b) CLERICAL AMENDMENT.—The table of health care, seeing the disparities in tax law shall contain a statement describing sections at the beginning of chapter 2 of title the general effect of the modification on housing, and recognizing that all of 1, United States Code, is amended by insert- Federal tax law. those things have huge consequences; ing after the item relating to section 102 the ‘‘(b) FAILURE TO COMPLY.— seeing what high poverty does to peo- following new item: ‘‘(1) IN GENERAL.—A failure to comply with ple who are not given the right oppor- subsection (a) shall give rise to a point of ‘‘102a. Tax effect transparency.’’. tunities. order in either House of Congress, which may I think frequently it is so important be raised by any Senator during consider- By Ms. HEITKAMP (for herself that we do something like this so we ation in the Senate or any Member of the and Ms. MURKOWSKI): can begin that process of educating our House of Representatives during consider- S. 1622. A bill to establish the Alyce colleagues on how this situation is dif- ation in the House of Representatives. Spotted Bear and Walter Soboleff Com- ferent, what our experiences are. If you ‘‘(2) NONEXCLUSIVITY.—The availability of a mission on Native Children, and for point of order under this section shall not af- have not seen or been in Indian Coun- other purposes; to the Committee on try, if you have not looked at the sta- fect the availability of any other point of Indian Affairs. order. tistics, it is alarming. It is absolutely ‘‘(c) DISPOSITION OF POINT OF ORDER IN THE Ms. MURKOWSKI. Mr. President, I alarming. SENATE.— rise today to speak to an issue in my The story I want to give before I talk ‘‘(1) IN GENERAL.—Any Senator may raise a State of Alaska, in the State of North about our legislation is the statistic on point of order that any matter is not in order Dakota—quite honestly, in so many of mortality rates. In this country, child under subsection (a). our home States. We have facts, we mortality has decreased by 9 percent ‘‘(2) WAIVER.— have statistics, and we have issues that since 2000. That is good news. We are ‘‘(A) IN GENERAL.—Any Senator may move face our indigenous peoples, most par- paying more attention, doing a better to waive a point of order raised under para- ticularly our indigenous children that, graph (1) by an affirmative vote of three- job at infancy, doing a better job rais- fifths of the Senators duly chosen and sworn. truth be told, are not what we want to ing our kids. The child mortality rate ‘‘(B) PROCEDURES.—For a motion to waive write home about. In fact, in many, among Native children has increased 15 a point of order under subparagraph (A) as to many cases, these statistics are shame- percent—increased 15 percent at the a matter— ful. same time it has decreased in this ‘‘(i) a motion to table the point of order The effort and the initiative to make country 9 percent. We have tried var- shall not be in order; a difference in the lives of the children ious programs, whether it is housing ‘‘(ii) all motions to waive one or more of our first peoples is an effort I want programs, education programs, higher points of order under this section as to the to speak to today, and I join with my matter shall be debatable for a total of not education programs, but we know this more than 1 hour, equally divided between colleague from North Dakota in ad- works better if we all work together the Senator raising the point of order and dressing this issue. I want to help shine and if we work collaboratively. the Senator moving to waive the point of a light on the conditions facing indige- I know a lot of people have suspicions order or their designees; and nous children in our country to whom about things called commissions, but I

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7679 believe for the first time we will be Start. Children in Indian Country go to sive situation, trying to get your chil- pulling together the data regarding Head Start at a lower rate. Their edu- dren to safety, leaving the village, you what is exactly the status of Native cation system fails them. Fifty percent come into Bethel, where there is a children all across the United States of of Native kids graduate from high women’s shelter where you can kind of America—in Alaska, Alaska indigenous school, compared to 75 percent in the pull yourself together. people, as well as Alaskan folks—and White population. But the problem then is, when you saying: Where do we begin to under- These statistics mean a lot. We all have been able to pull yourself to- stand this problem differently and look at statistics. But behind each one gether, when your children feel they change outcomes, because if we keep of them is a young child struggling to are in a safe place right now, then doing what we are doing right now, we make something out of their lives in there is no place for you to take your will fail the next generation of Native this world and wanting to believe that children. There is no housing out on children, and we will fail to do what we they matter. So what we are doing the market there in Bethel. So what need to do. This is not a new issue for today is establishing a commission on happens. Time after time after time me. When I was attorney general, I the status of Indian children to simply the woman goes back to the abuser, the spent a lot of time in Indian Country, say: You matter. children go back to an abusive situa- a lot of time on Indian issues. We need to come up with different tion, a situation where domestic vio- I want to tell a story before I de- ideas and different solutions on how we lence is oftentimes out of control. scribe briefly what this Commission are going to solve the problem. I had a Let me speak to just some of the sta- would do. It is a story about a woman great opportunity to go to Alaska and tistics that we are facing in dealing who showed up at a conference. We spend some time with the Alaska cor- with rural justice in Alaska. Nearly 95 were talking about trying to get re- porations and the indigenous people in percent of the crimes in rural Alaska sources to do a conference on juvenile Alaska. It was a new experience for me can be traced back to alcohol abuse. By crime on the reservations. She told a because we are used to Indian Country. the time an Alaska Native reaches story about how she was dyslexic as a We are used to reservations. adulthood, the chance of experiencing child and her mother was not a very But so many of the challenges—I am domestic violence or sexual violence is patient woman. She was waiting to go sure the Senator from Alaska would 51 percent for women, 29 percent for to a birthday party, and she was sitting agree—so many of the challenges are so men. On Native children, 60 percent of and looking out the window, and she similar in Alaska and North Dakota, the children are in need of foster par- would ask her mother every 5 minutes: partly because of our remoteness but ents. I have been working on the issue Is it time yet? Are they going to come? partly because these are obligations of fetal alcohol syndrome and how we Finally, her mother, out of frustration, that have not been lived up to. So I raise awareness and how we eliminate took this little girl’s hand and dragged wish to ask the great Senator from this entirely preventable disease. it back and forth across a nail that was Alaska how she thinks this commission I think it is noteworthy that for on the window ledge and said: Maybe could work to actually better the chil- years I worked with Senator Daschle, now you will remember. She held up dren, the Native children in our coun- formerly of this body and the majority her hand, and you could still see the try? leader, on this initiative. But he knew scars. And she said something I will Ms. MURKOWSKI. Mr. President, I that on the reservations in his State, never forget. She said: Who cares about thank my colleague. I appreciate that they were facing the same situation me? I looked out that window and as we work to advance opportunities that we were in Alaska with fetal alco- thought, who is going to come and help for American Indian, Alaska Native, hol spectrum disorder. In Alaska, we me? Native Hawaiian children throughout have the highest rate of fetal alcohol All across America there are children the country, we remember these are spectrum disorder in the Nation. But in looking out a window in Indian Coun- not just statistics. As horrifying as the Native areas of the State, they are try and in all of these very remote these statistics are, these statistics then 15 times higher than in any of the places wondering who is going to care truly do come to life when we hear non-Native parts of the State; again, about them. Who is going to help those real stories. an area where we think, if we can make them? When we have trust obligations, When we were working with the Sen- some inroads in awareness, this is a isn’t that the job of the U.S. Congress? ator’s office to develop this legislation, disease that is 100 percent preventable. Isn’t that the job of all of us, to care kind of looking at the indigenous chil- Suicide is an issue that strikes home about all of our children? Yet these dren in this country through the lens to far too many. Alaska Native males children are left behind. of the justice system, the education between the ages of 12 and 24 experi- Time and time again, you will read a system, the health care system, and ence the highest rate of suicide of any story in the paper about an abducted then work to provide recommendations demographic within the country. We child, and you do not realize there to the respective government agencies have the highest rate of suicides per could have been 10 children abducted that will help to address these issues capita in the country. It is our young off a reservation in North Dakota. You that affect our Native children, we talk Native men who drive that statistic. do not read a story about trafficking in about the trust responsibility. When it comes to rape statistics, also North Dakota, but it is happening. You That trust responsibility does not a horrific example, unfortunately, the do not read a story about child abuse mean anything unless we keep our term has been applied that Alaska is and neglect, and it is happening, or commitment. We just simply are not the ‘‘rape capital of America.’’ It is our failed schools, schools whose roofs are keeping the commitment. The Senator Native women—one in three—who are caving in because we have not met our mentioned the issue of housing. Having experiencing much of the sexual abuse. education obligation. had an opportunity to serve on the In- We cannot accept this reality. So what this Commission would do is dian Affairs Committee now for 10 When we talk about infrastructure— bring attention to this very important years, we hear in committee hearing I mentioned housing. We think about part of our population, the part that after committee hearing the situation the lack of public infrastructure and gets left behind, that no one looks out with regard to housing and the inad- how that impacts the health of a child for, and start saying: What are we equate situation on so many of our res- or the health of a family. We are still going to do differently? What are we ervations. a relatively young State. You have going to do differently for our chil- In the State of Alaska, our housing heard me say 80 percent of our commu- dren? These are all our children. situation is truly a crisis in so many nities are not accessible by road. So we I can tell you I felt a kindred spirit places. Bethel, which is probably—I be- lack certain infrastructure, including when I began to talk about this issue lieve it is now our fourth or fifth larg- in many of our villages basic water, with the Senator from Alaska and talk est community in the State—is viewed basic sewer systems. We simply do not about how important it is for people to as a hub community. So if you come in have it. If you do not have clean water really understand those challenges and for health care from one of the sur- for cooking, for drinking, for cleaning, how important it is to prevent costs rounding villages, you come into Beth- just basic hygiene, it can be deadly for later on if we just do a little Head el. If you are trying to escape an abu- our families.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7680 CONGRESSIONAL RECORD — SENATE October 30, 2013 The CDC has determined that lack of We have to speak out, even though we smallest among us, the most vulner- inhome water services causes high have been told do not talk about this; able, the most remote among us, that rates of respiratory and skin infec- do not talk about this because it might we aren’t worthy of this body. We tions. We see this in our rural Native shame your family. These children had aren’t worthy of this government. villages. The average toddler in the the courage to step forward and say: I invite all of our colleagues to join United States gets RSV, which is this This is not right. We are taught to re- with us and send a message loudly and respiratory syncytial virus, before they spect our elders, but when our elders do clearly to Native children in our coun- are about 2 years old. The average not respect us, we are going to speak try that they matter; they matter at Alaska Native baby gets RSV before out. Their courage in front of this huge their homes, in their communities, they are 11 weeks old. So they are just gathering was amazing. It is not unlike their States, their clubs, and their mere infants and they are getting this the story my colleague from North Da- schools, but they also matter in the respiratory virus because of sanitation kota just told when that young girl halls of the Senate. issues. looked out the window and said: Who The PRESIDING OFFICER (Mr. A lack of clean drinking water, prop- will come and take care of me? Who is BLUMENTHAL). The senior Senator from er wastewater systems leads to fever, waiting for me? Alaska is recognized. to hepatitis, leads to infectious disease. These children from Tanana were Ms. MURKOWSKI. If I may close out Then what happens? You are a child saying: We are not going to be quiet. my comments, Senator HEITKAMP has out in the small village. You are then It ought to be us. It ought to be the honored an individual, Alyce Spotted sent in, your family has to take you grownups who are saying: Let’s take Bear, by naming this commission on into Anchorage, not just one airplane charge of this. Let’s turn these horrible Native American children after Alyce flight away, oftentimes two airplane statistics around. Let’s make every Spotted Bear. She has invited me to flights, $1,000-plus airfare in the city day a better day for our children. also include a leader on so many edu- where your costs are high. Those kids are the real heroes. cation and children’s issues. You think about the impact to a fam- So when I come together with my I wish to take a moment to speak to ily when you have a sick infant, an in- colleagues in an effort such as this—I the contributions of a great Alaskan, fant who has been sick because their am with the Senator—oftentimes we Dr. Walter Soboleff. Senator HEITKAMP family lacks basic sanitation in this say: Oh, commissions. What do com- has honored Alaskans by including Dr. day and age. missions do? Maybe this starts to give Soboleff with the naming of this chil- One of the household chores—and we some of these young people hope, dren’s commission. all had chores when we were growing whether you are on the reservations in I was very honored to learn of Dr. up as kids. In far too many of our vil- North Dakota or whether you are in Soboleff, who passed away in 2011 at 102 lages in the State of Alaska, one of the Tanana, AK. Maybe there is hope that years old. In our State he was an elder chores the kids have is emptying the the grownups out there are listening statesman. He was a spiritual leader honey bucket. For those who do not and can work with them. and an Alaska Native advocate who know what a honey bucket is, a honey We are trying to look at this holis- championed Alaska Native rights and bucket is the big 5-gallon bucket that tically, through the education system, cultural education. He was the first you get from Home Depot with a toilet the health care system, and through Alaska Native to serve on our State seat lid on it that is put in the corner the justice system. I am quite pleased Board of Education, in which he served of the house. That is the bathroom. to be able to work with my colleague as chairman. He established the Alaska You have to take that bucket out and on this initiative. I do not think there Native Studies Department at the Uni- dispose of it. You have children, your is anything more important that we versity of Alaska Fairbanks to ensure 10-year old walking down the board- can be doing for our young people than that our Native students could be walk with a bucket of human waste to to offer them a ray of hope. taught their history, culture, and lan- dump. This is happening in this day I thank my colleague from North Da- guage within that university system. and this age. Who, again, bears the kota and all she has done to get us to Clearly, when one is 102 years old, weight of so much of this is our Native this point. they live through a transition of time, children. Think about this from a The PRESIDING OFFICER. The Sen- but he lived through a transition for health safety perspective. ator from North Dakota. our Native people in our State. He ad- I wish to share a story, as my col- Ms. HEITKAMP. Mr. President, sui- vocated to ensure that our State’s edu- league from North Dakota did, and cide is the second leading cause of cation system recognized that Native then—I just came from the Alaska Fed- death among Native American young students must know their culture. In eration of Natives annual conference. adults ages 15 to 24. It is 21⁄2 times the order to know who they are, they need It is the largest gathering of Natives in national average. The despair my great to know where they have come from. the country. They come from all cor- friend from the great State of Alaska They need to know their culture. They ners of the State. It is truly like a fam- has just outlined for us—it seems there need to know how to hunt, how to fish, ily reunion, usually a very upbeat, very is no way out, that no one is looking, and that their culture is the founda- happy occasion where people come to- they are invisible, that their problems tion of a strong identity, ensuring stu- gether for a great deal of sharing. are inconsequential and no one cares. dent success and pride in oneself. This year there was sharing on a per- Yes, I thank my colleague from Alaska When I thought about how we might sonal side that perhaps we have not for that wonderful vision that this be able to recognize one of Alaska’s witnessed before. Much of the sharing commission tells them they are not in- own who demonstrated to our young came from children, and sharing, rath- visible to us, they are not invisible to people that if you know yourself, if you er than stories of happiness and oppor- the Congress, they are not invisible to know your culture, if you are proud of tunities for the future, was driven by a the administration; that people are that, even under some daunting chal- feeling of not helplessness—because if there and they care. lenges, you can move forward. You can you are helpless you will not speak Maybe it offers that hope. Maybe it persevere. up—but a feeling that we can no longer offers that opportunity to tell more of I thank my colleague for giving me remain silent. these stories and to shine a greater this opportunity to show him recogni- The instances of domestic violence in light of awareness onto this problem. tion as we also honor Alyce Spotted the home, of child sexual assault in the It is a national disgrace. If we con- Bear. home, of alcoholism and drug abuse tinue to do what we have always done that brings about attempted suicide in in housing, education, health care, and By Mr. MCCONNELL (for himself the home caused a group of 4–H kids public safety, if we continue to do what and Ms. AYOTTE): from Tanana, AK, to come together— we have always done, we will lose yet S. 1626. A bill to amend the Fair about a half dozen of them—ages another generation to despair. Labor Standards Act of 1938 to provide maybe 6, 7, up to high school, to stand It is time for Congress to step up, employees in the private sector with an in front of an audience of 3,000-plus honor our treaty obligations and recog- opportunity for compensatory time off, people and say: We have had enough. nize that if we cannot protect the similar to the opportunity offered to

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7681 Federal employees, and a flexible cred- unused compensatory time under this sub- ‘‘(B) DEFINITION.—In subparagraph (A), the it hour program to help balance the de- section, and the employer shall provide mon- term ‘intimidate, threaten, or coerce’ in- mands of work and family, and for etary compensation not later than 31 days cludes— other purposes; to the Committee on after the end of such 12-month period at the ‘‘(i) promising to confer or conferring any rate prescribed by paragraph (7)(A). benefit, such as appointment, promotion, or Health, Education, Labor, and Pen- ‘‘(B) EXCESS OF 80 HOURS.—An employer compensation; or sions. may provide monetary compensation, at the ‘‘(ii) effecting or threatening to effect any Mr. MCCONNELL. Mr. President, I rate prescribed by paragraph (7)(A), for any reprisal, such as deprivation of appointment, ask unanimous consent that the text of unused compensatory time under this sub- promotion, or compensation.’’. the bill be printed in the RECORD. section of an employee in excess of 80 hours SEC. 3. FLEXIBLE CREDIT HOUR PROGRAM. There being no objection, the text of at any time after giving the employee not Section 7 of the Fair Labor Standards Act the bill was ordered to be printed in less than 30 days’ notice. of 1938 (29 U.S.C. 207), as amended in section the RECORD, as follows: ‘‘(C) TERMINATION OF EMPLOYMENT.—Upon 2, is further amended by adding at the end the voluntary or involuntary termination of S. 1626 the following: an employee, the employer of such employee ‘‘(t) FLEXIBLE CREDIT HOUR PROGRAM.— Be it enacted by the Senate and House of Rep- shall provide monetary compensation at the ‘‘(1) DEFINITIONS.—In this subsection— resentatives of the United States of America in rate prescribed by paragraph (7)(A) for any ‘‘(A) the term ‘at the election of’, used Congress assembled, unused compensatory time under this sub- with respect to an employee, means at the SECTION 1. SHORT TITLE. section. initiative of, and at the request of, the em- This Act may be cited as the ‘‘Family ‘‘(6) WITHDRAWAL OF COMPENSATORY TIME ployee; Friendly and Workplace Flexibility Act of AGREEMENT.— ‘‘(B) the term ‘basic work requirement’ 2013’’. ‘‘(A) EMPLOYER.—Except where a collective means the number of hours, excluding over- SEC. 2. COMPENSATORY TIME. bargaining agreement provides otherwise, an time hours, that an employee is required to Section 7 of the Fair Labor Standards Act employer that has adopted a policy of offer- work or is required to account for by leave of 1938 (29 U.S.C. 207) is amended by adding at ing compensatory time to employees under or otherwise within a specified period of the end the following: this subsection may discontinue such policy time; ‘‘(s) COMPENSATORY TIME FOR PRIVATE EM- after providing employees notice 30 days ‘‘(C) the term ‘employee’ does not include PLOYEES.— prior to discontinuing the policy. an employee of a public agency; ‘‘(1) DEFINITIONS.—In this subsection— ‘‘(B) EMPLOYEE.— ‘‘(D) the term ‘flexible credit hour’ means ‘‘(A) the term ‘employee’ does not include ‘‘(i) IN GENERAL.—An employee may with- any hour that an employee, who is partici- an employee of a public agency; and draw an agreement described in paragraph pating in a flexible credit hour program, ‘‘(B) the terms ‘overtime compensation’, (3)(B) after providing notice to the employer works in excess of the basic work require- ‘compensatory time’, and ‘compensatory of the employee 30 days prior to the with- ment; and time off’ have the meaning given the terms drawal. ‘‘(E) the term ‘overtime compensation’ has in subsection (o)(7). ‘‘(ii) REQUEST FOR MONETARY COMPENSA- the meaning given the term in subsection ‘‘(2) GENERAL RULE.—An employee may re- TION.—At any time, an employee may re- (o)(7). ceive, in accordance with this subsection and quest in writing monetary compensation for ‘‘(2) PROGRAM ESTABLISHMENT.—An em- in lieu of monetary overtime compensation, any accrued and unused compensatory time ployer may establish a flexible credit hour compensatory time off at a rate not less under this subsection. The employer of such program for an employee to accrue flexible than one and one-half hours for each hour of employee shall provide monetary compensa- credit hours in accordance with this sub- employment for which overtime compensa- tion at the rate prescribed by paragraph section and, in lieu of monetary compensa- tion is required by this section. (7)(A) within 30 days of receiving the written tion, reduce the number of hours the em- ‘‘(3) AGREEMENT REQUIRED.—An employer request. ployee works in a subsequent day or week at may provide compensatory time to an em- ‘‘(7) MONETARY COMPENSATION.— a rate of one hour for each hour of employ- ployee under paragraph (2) only in accord- ‘‘(A) RATE OF COMPENSATION.—An employer ment for which overtime compensation is re- ance with— providing monetary compensation to an em- quired by this section. ‘‘(A) applicable provisions of a collective ployee for accrued compensatory time under ‘‘(3) AGREEMENT REQUIRED.— bargaining agreement between an employer this subsection shall compensate the em- ‘‘(A) IN GENERAL.—An employer may carry and a labor organization that has been cer- ployee at a rate not less than the greater out a flexible credit hour program under tified or recognized as the representative of of— paragraph (2) only in accordance with— the employees of the employer under appli- ‘‘(i) the regular rate, as defined in sub- ‘‘(i) applicable provisions of a collective cable law; or section (e), of the employee on the date the bargaining agreement between an employer ‘‘(B) in the case of an employee who is not employee earned such compensatory time; or and a labor organization that has been cer- represented by a labor organization de- ‘‘(ii) the final regular rate, as defined in tified or recognized as the representative of scribed in subparagraph (A), an agreement subsection (e), received by such employee. the employees of the employer under appli- between the employer and employee arrived ‘‘(B) TREATMENT AS UNPAID OVERTIME.— cable law; or at before the performance of the work— Any monetary payment owed to an employee ‘‘(ii) in the case of an employee who is not ‘‘(i) in which the employer has offered and for unused compensatory time under this represented by a labor organization de- the employee has chosen to receive compen- subsection, as calculated in accordance with scribed in clause (i), an agreement between satory time off under this subsection in lieu subparagraph (A), shall be considered unpaid the employer and the employee arrived at of monetary overtime compensation; overtime compensation for the purposes of before the performance of the work that— ‘‘(ii) that the employee enters into know- this Act. ‘‘(I) the employee enters into knowingly, ingly, voluntarily, and not as a condition of ‘‘(8) USING COMPENSATORY TIME.—An em- voluntarily, and not as a condition of em- employment; and ployer shall permit an employee to take ployment; and ‘‘(iii) that is affirmed by a written or oth- time off work for compensatory time ac- ‘‘(II) is affirmed by a written statement erwise verifiable record maintained in ac- crued under paragraph (2) within a reason- maintained in accordance with section 11(c). cordance with section 11(c). able time after the employee makes a re- ‘‘(B) HOURS DESIGNATED.—An agreement ‘‘(4) HOUR LIMIT.—An employee may accrue quest for using such compensatory time if that is entered into under subparagraph (A) not more than 160 hours of compensatory the use does not unduly disrupt the oper- shall provide that, at the election of the em- time under this subsection, and shall receive ations of the employer. ployee, the employer and the employee will overtime compensation for any such com- ‘‘(9) PROHIBITION OF COERCION.— jointly designate flexible credit hours for the pensatory time in excess of 160 hours. ‘‘(A) IN GENERAL.—An employer that pro- employee to work within an applicable pe- ‘‘(5) UNUSED COMPENSATORY TIME.— vides compensatory time under paragraph (2) riod of time. ‘‘(A) COMPENSATION PERIOD.— shall not directly or indirectly intimidate, ‘‘(4) HOUR LIMIT.—An employee partici- ‘‘(i) IN GENERAL.—Except as provided in threaten, or coerce, or attempt to intimi- pating in a flexible credit hour program may clause (ii), not later than January 31 of each date, threaten, or coerce any employee for not accrue more than 50 flexible credit calendar year, the employer of the employee the purpose of interfering with the rights of hours, and shall receive overtime compensa- shall provide monetary compensation for an employee under this subsection— tion for flexible credit hours in excess of 50 any unused compensatory time under this ‘‘(i) to use accrued compensatory time in hours. subsection accrued during the preceding cal- accordance with paragraph (8) in lieu of re- ‘‘(5) UNUSED FLEXIBLE CREDIT HOURS.— endar year that the employee did not use ceiving monetary compensation; ‘‘(A) IN GENERAL.—Except as provided in prior to December 31 of the preceding year at ‘‘(ii) to refrain from using accrued compen- subparagraph (B), not later than January 31 the rate prescribed by paragraph (7)(A). satory time in accordance with paragraph (8) of each calendar year, the employer of an ‘‘(ii) ALTERNATIVE COMPENSATION PERIOD.— and receive monetary compensation; or employee who is participating in a flexible An employer may designate and commu- ‘‘(iii) to refrain from entering into an credit hour program shall provide monetary nicate to an employee a 12-month period agreement to accrue compensatory time compensation for any flexible credit hour ac- other than the calendar year for determining under this subsection. crued during the preceding calendar year

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7682 CONGRESSIONAL RECORD — SENATE October 30, 2013 that the employee did not use prior to De- ‘‘(ii) to use or refrain from using accrued by the Secretary on behalf of any employee cember 31 of the preceding calendar year at flexible credit hours in accordance with for alleged violations of subsection (s)(9) or a rate prescribed by paragraph (7)(A)(i). paragraph (8). (t)(9) of such section, and the disposition or ‘‘(B) ALTERNATIVE COMPENSATION PERIOD.— ‘‘(B) DEFINITION.—In subparagraph (A), the status of such actions; and An employer may designate and commu- term ‘intimidate, threaten, or coerce’ has (4) an account of any unpaid wages, dam- nicate to the employees of the employer a 12- the meaning given the term in subsection ages, penalties, injunctive relief, or other month period other than the calendar year (s)(9).’’. remedies obtained or sought by the Sec- for determining unused flexible credit hours, SEC. 4. REMEDIES. retary in connection with such actions de- and the employer shall provide monetary Section 16 of the Fair Labor Standards Act scribed in paragraph (3). compensation, at a rate prescribed by para- of 1938 (29 U.S.C. 216) is amended— SEC. 8. SUNSET. graph (7)(A)(i), not later than 31 days after (1) in subsection (b), by striking ‘‘(b) Any This Act and the amendments made by the end of the 12-month period. employer’’ and inserting ‘‘(b) Except as pro- this Act shall expire on the date that is 5 ‘‘(6) PROGRAM DISCONTINUANCE AND WITH- vided in subsection (f), any employer’’; and years after the date of enactment of this DRAWAL.— (2) by adding at the end the following: Act. ‘‘(A) EMPLOYER.—An employer that has es- ‘‘(f) An employer that violates subsection tablished a flexible credit hour program (s)(9) or (t)(9) of section 7 shall be liable to under paragraph (2) may discontinue a flexi- the affected employee in the amount of— f ble credit hour program for employees de- ‘‘(1) the rate of compensation, determined scribed in paragraph (3)(A)(ii) after providing in accordance with subsection (s)(7)(A) or SUBMITTED RESOLUTIONS notice to such employees 30 days before dis- (t)(7)(A)(i) of section 7, for each hour of un- continuing such program. used compensatory time or for each unused ‘‘(B) EMPLOYEE.— flexible credit hour accrued by the employee; ‘‘(i) IN GENERAL.—An employee may with- and draw an agreement described in paragraph ‘‘(2) liquidated damages equal to the SENATE RESOLUTION 277—RECOG- (3)(A)(ii) at any time by submitting written amount determined in paragraph (1).’’. NIZING THE RELIGIOUS AND HIS- notice of withdrawal to the employer of the SEC. 5. NOTICE TO EMPLOYEES. TORICAL SIGNIFICANCE OF THE employee 30 days prior to the withdrawal. Not later than 30 days after the date of en- FESTIVAL OF DIWALI ‘‘(ii) REQUEST FOR MONETARY COMPENSA- actment of this Act, the Secretary of Labor OR TION.—An employee may request in writing, shall revise the materials the Secretary pro- Mr. WARNER (for himself, Mr. C - at any time, that the employer of such em- vides, under regulations contained in section NYN, Mr. MENENDEZ, and Mr. COONS) ployee provide monetary compensation for 516.4 of title 29, Code of Federal Regulations, submitted the following resolution; all accrued and unused flexible credit hours. to employers for purposes of a notice ex- which was referred to the Committee Within 30 days after receiving such written plaining the Fair Labor Standards Act of on the Judiciary.: request, the employer shall provide the em- 1938 (29 U.S.C. 201 et seq.) to employees so S. RES. 277 ployee monetary compensation for such un- that the notice reflects the amendments used flexible credit hours at a rate prescribed made to such Act by this Act. Whereas Diwali is a festival of great sig- by paragraph (7)(A)(i). SEC. 6. PROTECTIONS FOR CLAIMS RELATING TO nificance and celebrated annually by Hindus, ‘‘(7) MONETARY COMPENSATION.— COMPENSATORY TIME OFF AND Sikhs, and Jains throughout India, the ‘‘(A) FLEXIBLE CREDIT HOURS.— FLEXIBLE CREDIT HOURS IN BANK- United States, and the world; ‘‘(i) RATE OF COMPENSATION.—An employer RUPTCY PROCEEDING. Whereas Diwali is a festival of lights that providing monetary compensation to an em- Section 507(a)(4)(A) of title 11, United marks the beginning of the Hindu new year, ployee for accrued flexible credit hours shall States Code, is amended— during which celebrants light and place compensate such employee at a rate not less (1) by striking ‘‘and’’; and small lamps around the home and pray for than the regular rate, as defined in sub- (2) by inserting ‘‘, the value of unused, ac- health, knowledge, peace, wealth, and pros- section (e), of the employee on the date the crued compensatory time off under section perity in the new year; employee receives the monetary compensa- 7(s) of the Fair Labor Standards Act of 1938 Whereas Diwali will be celebrated through- tion. (29 U.S.C. 207(s)), all of which shall be out the world for five days and is an oppor- ‘‘(ii) TREATMENT AS UNPAID OVERTIME.— deemed to have been earned within 180 days tunity to celebrate the faith of all people and Any monetary payment owed to an employee before the date of the filing of the petition or the universal right to religious expression for unused flexible credit hours under this the date of the cessation of the debtor’s busi- and spiritual freedom; subsection, as calculated in accordance with ness, whichever occurs first, at a rate of Whereas the lights symbolize the light of clause (i), shall be considered unpaid over- compensation not less than the final regular knowledge within the individual that over- time compensation for the purposes of this rate received by such individual, and the whelms the darkness of ignorance, empow- Act. value of unused, accrued flexible credit hours ering each celebrant to do good deeds and ‘‘(B) OVERTIME HOURS.— under section 7(t) of the Fair Labor Stand- show compassion to others; ‘‘(i) IN GENERAL.—Any hour that an em- ards Act of 1938 (29 U.S.C. 207(t)), all of which Whereas Diwali falls on the last day of the ployee works in excess of 40 hours in a work- shall be deemed to have been earned within last month in the lunar calendar and is cele- week that is requested in advance by the em- 180 days before the date of the filing of the brated as a day of thanksgiving for the ployer, other than a flexible credit hour, petition or the date of the cessation of the homecoming of the Lord Rama and worship shall be an ‘overtime hour’. debtor’s business, whichever occurs first, at of Lord Ganesha, the remover of obstacles ‘‘(ii) RATE OF COMPENSATION.—The em- a rate of compensation described in para- and bestower of blessings, at the beginning ployee shall be compensated for each over- graph (7)(A)(i) of such section 7(t)’’ after of the new year for many Hindus; time hour at a rate not less than one and ‘‘sick leave pay’’. Whereas, for Sikhs, Diwali is celebrated as one-half times the regular rate at which the SEC. 7. GAO REPORT. Bandhi Chhor Diwas (The Celebration of employee is employed, in accordance with Beginning 2 years after the date of enact- Freedom), in honor of the release from im- subsection (a)(1), or receive compensatory ment of this Act and each of the 3 years prisonment of the sixth guru, Guru time off in accordance with subsection (s), thereafter, the Comptroller General of the Hargobind; and for each such overtime hour. United States shall submit a report to Con- Whereas, for Jains, Diwali marks the anni- ‘‘(8) USE OF FLEXIBLE CREDIT HOURS.—An gress providing, with respect to the report- versary of the attainment of moksha, or lib- employer shall permit an employee to use ing period immediately prior to each such eration, by Mahavira, the last of the accrued flexible credit hours to take time off report— Tirthankaras (the great teachers of Jain work, in accordance with the rate prescribed (1) data concerning the extent to which dharma), at the end of his life in 527 B.C.: by paragraph (2), within a reasonable time employers provide compensatory time and Now, therefore, be it after the employee makes a request for such flexible credit hours under subsections (s) Resolved, That the Senate— use if the use does not unduly disrupt the op- and (t) of section 7 of the Fair Labor Stand- (1) recognizes the religious and historical erations of the employer. ards Act of 1938 (29 U.S.C. 207), as added by significance of the festival of Diwali, the fes- ‘‘(9) PROHIBITION OF COERCION.— this Act, and the extent to which employees tival of lights, and expresses its respect for ‘‘(A) IN GENERAL.—An employer shall not opt to receive compensatory time under sub- the people of India, Indian Americans, and directly or indirectly intimidate, threaten, section (s) and flexible credit hours under members of the Indian diaspora around the or coerce, or attempt to intimidate, threat- subsection (t); world on this significant occasion; and en, or coerce, any employee for the purpose (2) the number of complaints alleging a (2) supports a strong relationship between of interfering with the rights of the em- violation of subsection (s)(9) or (t)(9) of such the people and governments of the United ployee under this subsection— section filed by any employee with the Sec- States and India, based on mutual trust and ‘‘(i) to elect or not to elect to participate retary of Labor, and the disposition or status respect that will enable the countries to in a flexible credit hour program, or to elect of such complaints; more closely collaborate across a broad spec- or not to elect to work flexible credit hours; (3) the number of enforcement actions trum of interests, such as global peace and or commenced by the Secretary or commenced prosperity.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7683 SENATE RESOLUTION 278—DESIG- TITLE III—USE OF ANTIMICROBIAL SEC. 304. ENHANCED REPORTING AND PUBLICA- NATING OCTOBER 2013 AS DRUGS IN FOOD ANIMALS TION OF SALES DATA. ‘‘SCHOOL BUS SAFETY MONTH’’ SEC. 301. SHORT TITLE. (a) IN GENERAL.—Section 512(l)(3)(E)) of the This title may be cited as the ‘‘Delivering Federal Food, Drug, and Cosmetic Act (21 Mr. THUNE (for himself and Mr. Antimicrobial Transparency in Animals Act U.S.C. 360b(l)(3)(E)) is amended— ROCKEFELLER) submitted the following of 2013’’. (1) by redesignating clauses (i) and (ii) as subclauses (I) and (II); resolution; which was considered and SEC. 302. PURPOSE. (2) by striking ‘‘The Secretary shall make agreed to.: The purpose of this title is to provide the summaries of the information reported under Food and Drug Administration and the pub- S. RES. 278 this paragraph publicly available, except lic with better information on the use of Whereas approximately 450,000 public and that—’’ and inserting ‘‘(i) Not later than a antimicrobial drugs in animals used for food private school buses carry 26,000,000 children date established by the Secretary for 2014, to— to and from school every weekday in the and on such date in each year thereafter, the (1) enable public health officials and sci- United States; Secretary shall make publicly available a entists to better understand and interpret Whereas America’s 450,000 public and pri- summary of the information (including dos- trends and variations in rates of microbial vate school buses comprise the largest mass age form information, if practicable) re- resistance to such antimicrobial drugs; transportation fleet in the Nation; ported under this paragraph for the previous (2) improve the understanding of the rela- Whereas during the school year, school year, except that—’’; and tionship between antimicrobial drug use in buses make more than 55,000,000 passenger (3) by inserting after subclause (II), as re- animals used for food and antimicrobial drug trips daily and students ride these school designated by paragraph (1), the following: resistance in microbes in and on animals and buses 10,000,000,000 times per year as the Na- ‘‘(ii) In making the summaries available humans; and tion’s fleet travels over 4,000,000,000 miles per under this subparagraph, the following shall (3) identify interventions to prevent and school year; apply: control such antimicrobial drug resistance. Whereas school buses are designed to be ‘‘(I) The Secretary shall segregate the cat- safer than passenger vehicles and are 13 SEC. 303. RESEARCH PROGRAMS TO STUDY ANTI- egories of amounts reported into the fol- MICROBIAL RESISTANCE. times safer than other modes of school trans- lowing 2 subcategories, after consultation (a) DEFINITIONS.—In this title— portation, and 44 times safer than vehicles with the applicable classifications of the (1) the term ‘‘Commissioner’’ means the driven by teenagers; World Health Organization: Commissioner of Food and Drugs; and Whereas in an average year, about 25 ‘‘(aa) The volume of drugs of importance to (2) the term ‘‘Secretary’’ means the Sec- school children are killed in school bus acci- human medicine. retary of Health and Human Services. dents, with one-third of these children ‘‘(bb) The volume of drugs not of impor- (b) ESTABLISHMENT OF PROGRAMS.—The struck by their own school buses in loading/ tance to human medicine. Secretary, acting through the Commissioner, unloading zones, one-third struck by motor- ‘‘(II) As practicable, the Secretary shall shall develop a research program or pro- ists who fail to stop for school buses, and segregate amounts reported into the fol- grams to study the relationship between the one-third killed as they approach or depart a lowing 2 amounts: sales, distribution, end-use practices of ani- school bus stop; ‘‘(aa) The volume of drugs labeled or eligi- mal drugs containing an antimicrobial ac- Whereas The Child Safety Network, cele- ble for use in food-producing animals. tive ingredient in food-producing animals brating 25 years of national public service, ‘‘(bb) The volume of drugs that are not la- and antimicrobial resistance trends. has collaborated with the school bus indus- beled or are ineligible for use in food-pro- (c) PURPOSE OF PROGRAMS.—Any research try to create public service announcements ducing animals. to reduce distracted driving near school program developed under subsection (b) shall be developed in order to better determine— ‘‘(III) In any cross-tabulation of the buses, increase ridership, and provide free re- amounts reported with any reporting cat- sources to school districts in order to in- (1) the relationships between sales data, distribution data, and end-usage data of ani- egory, the Secretary shall include the cat- crease driver safety training, provide free egories ‘Not Independently Reported’ and technology for tracking school buses, and mal drugs containing an antimicrobial ac- tive ingredient in food-producing animals to ‘Not Independently Reported Export’.’’. educate students; and (b) REISSUANCE.—Not later than 3 years Whereas the adoption of School Bus Safety inform policies of Food and Drug Adminis- tration regarding data collection and regula- after the date of enactment of this Act, the Month will allow broadcast and digital Secretary shall reissue the summary reports media and social networking industries to tion of antimicrobial products in agri- culture, including consideration of the po- issued before 2012 under section 512(l)(3)(E) of make commitments to disseminate public the Federal Food, Drug, and Cosmetic Act service announcements designed to save chil- tential value of data from veterinary feed di- rectives; and (21 U.S.C. 360b(l)(3)(E)) using the format de- dren’s lives by making motorists aware of signed for the 2012 summary report. The Sec- school bus safety issues: Now, therefore, be (2) the relationships between antimicrobial resistance and use of animal drugs con- retary shall publish the reissued reports in it one combined publication. Resolved, That the Senate designates Octo- taining an antimicrobial active ingredient in SEC. 305. IMPLEMENTATION AND PUBLICATION ber 2013 as ‘‘School Bus Safety Month’’. food-producing animals and trends in anti- microbial resistance, including by using the OF ANTIMICROBIAL RESISTANCE DATA COLLECTION STRATEGY. f data collected through the National Anti- microbial Resistance Monitoring Program or (a) IN GENERAL.—Not later than 3 years AMENDMENTS SUBMITTED AND other studies regarding resistance levels in after the date of enactment of this Act, the PROPOSED bacteria associated with food-producing ani- Secretary, acting through the Commissioner, mals. shall implement an Antimicrobial Data Col- SA 2007. Mrs. GILLIBRAND submitted an (d) CONSULTATION.—Any research program lection Strategy, based on information re- amendment intended to be proposed by her developed under subsection (b) shall be de- ceived in the comments to the Advanced No- to the bill H.R. 3204, to amend the Federal veloped in consultation with the Under Sec- tice of Proposed Rulemaking entitled ‘‘Anti- Food, Drug, and Cosmetic Act with respect retary for Food Safety, the Under Secretary microbial Animal Drug Distribution Report- to human drug compounding and drug supply for Marketing and Regulatory Programs, and ing’’(77 Fed. Reg. 44177 (July 27, 2012)) and chain security, and for other purposes; which the Under Secretary for Research, Edu- any research program developed under sec- was ordered to lie on the table. cation, and Economics at the Department of tion 303. SA 2008. Mrs. GILLIBRAND submitted an Agriculture. To the extent practicable, such (b) REEVALUATION.—Not less than every 5 amendment intended to be proposed by her Under Secretaries shall provide assistance in years after the implementation of the Anti- to the bill H.R. 3204, supra; which was or- developing and conducting such research microbial Data Collection Strategy under dered to lie on the table. programs. subsection (a), the Secretary shall reevalu- ate such Strategy and propose modifications f (e) IMPLEMENTATION.—Not later than 1 year after the date of enactment of this Act, the as such Secretary determines appropriate, TEXT OF AMENDMENTS Secretary shall implement the research pro- based on scientific data. gram or programs developed under sub- (c) AVAILABILITY.—The Secretary shall— SA 2007. Mrs. GILLIBRAND sub- section (b). The Secretary shall analyze data (1) submit to Congress the Strategy imple- mitted an amendment intended to be from such program or programs to determine mented under subsection (a), and any modi- proposed by her to the bill H.R. 3204, to the contribution of such data to studying fication made to such Strategy pursuant to amend the Federal Food, Drug, and antimicrobial resistance, protecting public subsection (b); and Cosmetic Act with respect to human health, and establishing the coordinated (2) make such Strategy and any such modi- fication available to the public. drug compounding and drug supply data collection strategy as described in sec- chain security, and for other purposes; tion 305. SEC. 306. ACTION BY GOVERNMENT ACCOUNT- (f) PUBLICATION.—The Secretary shall pub- ABILITY OFFICE. which was ordered to lie on the table; lish the results of any research program de- (a) PUBLICATION OF FINAL GUIDANCE.—Not as follows: veloped under this section as soon as prac- later than 180 days after the date of enact- At the end, add the following: ticable. ment of this Act, the Secretary shall publish

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a final version of the draft Voluntary Guid- pecially with respect to certain groups such COMMITTEE ON THE JUDICIARY ance #213 of the Food and Drug Administra- as children, pregnant women, and the elder- Mr. UDALL of Colorado. Mr. Presi- tion (entitled ‘‘New Animal Drugs and New ly; dent, I ask unanimous consent that the Animal Drug Combination Products Admin- ‘‘(E) measures patients may be able to Committee on the Judiciary be author- istered in or on Medicated Feed or Drinking take, if any, to reduce the side effects and Water of Food-Producing Animals: Rec- risks of the drug; ized to meet during the session of the ommendations for Drug Sponsors for Volun- ‘‘(F) when a patient should contact his or Senate on October 30, 2013, at 2:30 p.m., tarily Aligning Product Use Conditions with her health care professional; in room SD–226 of the Dirksen Senate GFI #209’’). ‘‘(G) instructions not to share medications, Office Building, to conduct a hearing (b) REPORT BY GAO.— and, if any exist, key storage requirements, entitled ‘‘Nominations.’’ (1) IN GENERAL.—Not later than 3 years and recommendations relating to proper dis- after the publication of the final guidance The PRESIDING OFFICER. Without posal of any unused portion of the drug; and objection, it is so ordered. described in subsection (a), the Comptroller ‘‘(H) known clinically important inter- General of the United States shall commence actions with other drugs and substances. COMMITTEE ON VETERANS’ AFFAIRS a study to evaluate— ‘‘(c) TIMELINESS, CONSISTENCY, AND ACCU- Mr. UDALL of Colorado. Mr. Presi- (A) the voluntary approach used by the RACY.—The regulations promulgated under dent, I ask unanimous consent that the Food and Drug Administration to eliminate subsection (a) shall include standards related Committee on Veterans’ Affairs be au- injudicious use of antimicrobial drugs in to— food-producing animals; and thorized to meet during the session of ‘‘(1) performing timely updates of drug in- the Senate on October 30, 2013, at 2 (B) the effectiveness of the data collection formation as new drugs and new information activities conducted by the Food and Drug becomes available; p.m., in room SR–418 of the Russell Administration regarding antimicrobial re- ‘‘(2) ensuring that common information is Senate Office Building. sistance. applied consistently and simultaneously The PRESIDING OFFICER. Without (2) REPORT.—Not later than 1 year after across similar drug products and for drugs objection, it is so ordered. commencing the study described in para- within classes of medications in order to SUBCOMMITTEE ON SECURITIES, INSURANCE, AND graph (1), the Comptroller General of the avoid patient confusion and harm; and INVESTMENT United States shall submit to the Committee ‘‘(3) developing a process, including con- Mr. UDALL of Colorado. Mr. Presi- on Health, Education, Labor, and Pensions of sumer testing, to assess the quality and ef- the Senate and the Committee on Energy fectiveness of PMI in ensuring that PMI pro- dent, I ask unanimous consent that the and Commerce of the House of Representa- motes patient understanding and safe and ef- Committee on Banking, Housing, and tives a report that describes the results of fective medication use. Urban Affairs Subcommittee on Secu- such study. ‘‘(d) ELECTRONIC REPOSITORY.—The regula- rities, Insurance, and Investment be tions promulgated under subsection (a) shall authorized to meet during the session SA 2008. Mrs. GILLIBRAND sub- provide for the development of a publicly ac- of the Senate on October 30, 2013, at 10 mitted an amendment intended to be cessible electronic repository for all PMI a.m., to conduct a hearing entitled proposed by her to the bill H.R. 3204, to documents and content to facilitate the ‘‘The Jobs Act at a Year and a Half: As- amend the Federal Food, Drug, and availability of PMI.’’. sessing Progress and Unmet Opportuni- Cosmetic Act with respect to human SEC. 303. PUBLICATION ON INTERNET WEBSITE. drug compounding and drug supply The Secretary of Health and Human Serv- ties.’’ chain security, and for other purposes; ices shall publish on the Internet website of The PRESIDING OFFICER. Without which was ordered to lie on the table; the Food and Drug Administration a link to objection, it is so ordered. the Daily Med website (http://dailymed as follows: f .nlm.nih.gov/dailymed) (or any successor At the end, add the following: website). PRIVILEGES OF THE FLOOR TITLE III—PATIENT MEDICATION INFOR- f MATION FOR PRESCRIPTION DRUGS Mr. LEVIN. Mr. President, on behalf SEC. 301. SHORT TITLE. AUTHORITY FOR COMMITTEES TO of Senator MENENDEZ, I ask unanimous This title may be cited as the ‘‘Cody Miller MEET consent that Christopher Landberg, a Initiative for Safer Prescriptions Act’’. detailee from the State Department COMMITTEE ON FINANCE SEC. 302. PATIENT MEDICATION INFORMATION and the Foreign Relations Committee, FOR PRESCRIPTION DRUGS. Mr. UDALL of Colorado. Mr. Presi- dent, I ask unanimous consent that the be granted floor privileges for the con- Chapter V of the Federal Food, Drug, and sideration of the nomination of Jacob Cosmetic Act (21 U.S.C. 351 et seq.) is amend- Committee on Finance be authorized to ed by inserting after section 505E the fol- meet during the session of the Senate Lew. lowing: on October 30, 2013, at 11 a.m., in room The PRESIDING OFFICER. Without ‘‘SEC. 505F. PATIENT MEDICATION INFORMATION SD–215 of the Dirksen Senate Office objection, it is so ordered. FOR PRESCRIPTION DRUGS. Building, to conduct a hearing entitled f ‘‘(a) IN GENERAL.—Not later than 2 years after the date of enactment of this section, ‘‘The Transatlantic Trade and Invest- JOINT REFERRAL—RHEA SUN SUH the Secretary shall issue regulations regard- ment Partnership: Achieving the Po- NOMINATION ing the authorship, content, format, and dis- tential.’’ semination requirements for patient medica- The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- tion information (referred to in this section objection, it is so ordered. imous consent as in executive session as ‘PMI’) for drugs subject to section COMMITTEE ON HEALTH, EDUCATION, LABOR, that the nomination of Rhea Sun Suh, 503(b)(1). AND PENSIONS of Colorado, to be Assistant Secretary ‘‘(b) CONTENT.—The regulations promul- for Fish and Wildlife, sent to the Sen- gated under subsection (a) shall require that Mr. UDALL of Colorado. Mr. Presi- the PMI with respect to a drug— dent, I ask unanimous consent that the ate by the President on October 30, ‘‘(1) be scientifically accurate and based on Committee on Health, Education, 2013, be referred jointly to the Com- the professional labeling approved by the Labor, and Pensions be authorized to mittee on Energy and Natural Re- Secretary and authoritative, peer-reviewed meet during the session of the Senate sources and the Committee on Environ- literature; and on October 30, 2013, at 9:15 a.m., in ment and Public Works. ‘‘(2) includes nontechnical, understandable, room SD–430 of the Dirksen Senate Of- The PRESIDING OFFICER. Without plain language that is not promotional in objection, it is so ordered. tone or content, and contains at least— fice Building. ‘‘(A) the established name of drug, includ- The PRESIDING OFFICER. Without f objection, it is so ordered. ing the established name of such drug as a CHIMP ACT AMENDMENTS OF 2013 listed drug (as described in section COMMITTEE ON INDIAN AFFAIRS 505(j)(2)(A)) and as a drug that is the subject Mr. UDALL of Colorado. Mr. Presi- Mr. REID. Mr. President, I ask unan- of an approved abbreviated new drug applica- dent, I ask unanimous consent that the imous consent that the Senate proceed tion under section 505(j) or of an approved li- Committee on Indian Affairs be author- to the consideration of Calendar No. cense for a biological product submitted ized to meet during the session of the 228, S. 1561. under section 351(k) of the Public Health The PRESIDING OFFICER. The Service Act, if applicable; Senate on October 30, 2013, at 2:30 p.m., ‘‘(B) drug uses and clinical benefits; in room SD–628 of the Dirksen Senate clerk will report the bill by title. ‘‘(C) general directions for proper use; Office Building. The legislative clerk read as follows: ‘‘(D) contraindications, common side ef- The PRESIDING OFFICER. Without A bill (S. 1561) to amend the Public Health fects, and most serious risks of the drug, es- objection, it is so ordered. Service Act to improve provisions relating

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE October 30, 2013 CONGRESSIONAL RECORD — SENATE S7685 to the sanctuary system for surplus chim- A bill (H.R. 3190) to provide for the contin- July on this straightforward reauthor- panzees. ued performance of the functions of the ization. As the House recognizes, the There being no objection, the Senate United States Parole Commission, and for need for the commission will not cease proceeded to consider the bill, which other purposes. within the next 5 years. In fact, it is es- had been reported from the Committee There being no objection, the Senate timated that Federal ‘‘old-law’’ offend- on Health, Education, Labor, and Pen- proceeded to consider the bill. ers will require parole decisions for the sions, with an amendment to strike all Mr. LEAHY. Mr. President, the next 35 years. after the enacting clause and insert in United States Parole Commission is I hope we can agree to this 5-year ex- lieu thereof the following: scheduled to expire tomorrow. After tension, which includes extensive an- SECTION 1. SHORT TITLE. significant bicameral negotiations, 2 nual reporting requirements that will This Act may be cited as the ‘‘CHIMP Act weeks ago, the House of Representa- allow Congress to conduct oversight of Amendments of 2013’’. tives passed by unanimous consent a the commission. All of the reporting SEC. 2. SANCTUARY SYSTEM FOR SURPLUS CHIM- bipartisan bill, H.R. 3190, to reauthor- requirements from the last reauthor- PANZEES. ize the commission for 5 years. Public ization are included, along with new re- (a) IN GENERAL.—Section 404K(g) of the Pub- safety demands that we pass this legis- lic Health Service Act (42 U.S.C. 283m(g)) is quirements related specifically to the lation swiftly and I urge the Senate to District of Columbia. There is nothing amended— support its immediate enactment. We (1) in paragraph (1)— objectionable in this bill, and there is (A) by striking ‘‘and each subsequent fiscal should have passed this bill weeks ago, no substantive reason for anyone to year’’ and inserting ‘‘through fiscal year 2023’’; but a single Republican hold has placed block it. (B) by inserting after ‘‘$30,000,000’’ the fol- us in the precarious position of seeking The events of the past few weeks lowing: ‘‘, unless the Secretary determines that passage on the eve of expiration. This have shown deep divisions in the House reserving additional funds would enable the Na- is not the way to protect public safety. Republican caucus. But one thing on tional Institutes of Health to operate more effi- The Parole Commission is respon- ciently and economically by decreasing the over- which all 232 House Republicans agree sible for granting or denying parole for is that the Parole Commission should all Federal cost of supporting and maintaining Federal and District of Columbia pris- chimpanzees from fiscal year 2014 through fiscal be reauthorized for another 5 years. year 2023. Such a determination shall be re- oners who were sentenced before the They all agreed that releasing poten- ported to Congress by the Secretary and shall Federal and DC Governments abolished tially dangerous prisoners was a bad include a report, to be updated biennially, re- parole. The commission was created to idea. This bill is not controversial. garding the care and maintenance of the chim- consider the requests of these ‘‘old As I have mentioned before, Senator panzees and costs related to such care and law’’ Federal and DC inmates, but it PAUL and I and others are working in a maintenance’’; and also has jurisdiction over more recent bipartisan manner on sentencing re- (C) by striking the last sentence; and DC offenders who are on supervised re- (2) in paragraph (3), by striking ‘‘board of di- form. We believe that judges should rectors’’ and inserting ‘‘Secretary, in consulta- lease from prison. In addition, the com- have more discretion in sentencing tion with the board of directors’’. mission supervises some military law when a mandatory minimum sentence (b) GAO STUDY.—Not later than 2 years after offenders, State offenders in the wit- is unnecessary and counterproductive. the date of enactment of this Act, the Comp- ness protection program, and foreign- The extension of the Parole Commis- troller General of the United States shall con- law offenders serving sentences in the sion is quite a different matter, how- duct an independent evaluation, and submit to United States. the appropriate committees of Congress a report, ever. If the commission is not reau- The consequences of failing to reau- thorized, there will be no one to decide regarding chimpanzees owned or supported by thorize the commission would be dire. the National Institutes of Health. Such report whether thousands of offenders are shall review and assess— ‘‘Old law’’ Federal and DC inmates are ready for parole. These inmates will (1) the research status of National Institutes required by law to receive periodic pa- simply be released. of Health-owned or supported chimpanzees; role hearings. If the commission were I want to commend the sponsor of (2) the cost for the care and maintenance of unavailable to hold these hearings and the House bill, Congressman STEVE such chimpanzees, including the cost broken declare that certain inmates should CHABOT, along with co-sponsors Chair- down by research or retirement status, location not be paroled, around 3,500 inmates and for transportation, as appropriate; man BOB GOODLATTE and Ranking would be released. Potentially dan- Member JOHN CONYERS of the House (3) the extent to which matching requirements gerous individuals would be allowed to have been met pursuant to section 404K(e)(4) of Judiciary Committee, and Chairman the Public Health Service Act; and simply walk free without any assess- JIM SENSENBRENNER and Ranking Mem- (4) any options for cost-savings for the sup- ment of the risk to public safety if this ber BOBBY SCOTT of the Subcommittee port and maintenance of such chimpanzees that reauthorization does not pass the Sen- on Crime, Terrorism, Homeland Secu- may be identified. ate immediately. rity and Investigations. They under- Mr. REID. Mr. President, I ask unan- Failure to reauthorize the commis- stood the urgency and imminent con- imous consent that the committee-re- sion would have particularly harsh sequences of inaction. Unfortunately, ported substitute amendment be agreed consequences for the District of Colum- some in the Senate did not share that to, the bill, as amended, be read a third bia. The commission currently sets the position and now we are up against the time and passed; and the motion to re- conditions of supervision for DC offend- final deadline. It is time to end these consider be considered made and laid ers and determines when those condi- petty games and to let Congress do its upon the table, with no intervening ac- tions have been violated. If the com- job. We must pass this bill now. tion or debate. mission were to cease operations, Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without around 9,000 offenders would no longer imous consent that the bill be read objection, it is so ordered. receive adequate supervision. These in- three times and passed, and the motion The committee amendment in the clude extremely dangerous criminals, to reconsider be considered made and nature of a substitute was agreed to. such as murderers and rapists. laid upon the table, with no inter- The bill (S. 1561), as amended, was or- Congress has consistently recognized vening action or debate. dered to be engrossed for a third read- the importance of the commission, re- The PRESIDING OFFICER. Without ing, was read the third time, and authorizing it on 6 prior occasions. We objection, it is so ordered. passed. last reauthorized the commission 2 The bill (H.R. 3190) was ordered to a f years ago. At that time, the Repub- third reading, was read the third time, lican-led House of Representatives and passed. UNITED STATES PAROLE COMMIS- unanimously passed a bill to extend SION EXTENSION ACT OF 2013 the commission for 3 years, but a sin- f Mr. REID. Mr. President, I ask unan- gle Senator blocked the bill and in- imous consent that the Senate proceed sisted on only a 2-year extension. SCHOOL BUS SAFETY MONTH to the consideration of H.R. 3190. So we are here now, 2 years later, and Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The the House has appropriately passed a imous consent that the Senate proceed clerk will report the bill by title. bipartisan 5-year extension. I have to the consideration of S. Res. 278, sub- The legislative clerk read as follows: been working with the House since mitted earlier today.

VerDate Mar 15 2010 00:25 Nov 06, 2013 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S30OC3.REC S30OC3 bjneal on DSK5SPTVN1PROD with CONG-REC-ONLINE S7686 CONGRESSIONAL RECORD — SENATE October 30, 2013 The PRESIDING OFFICER. The PROGRAM MICHAEL T. HAMILTON JOSEPH G. INDOMENICO, JR. clerk will report the resolution by Mr. REID. The first rollcall vote will PAUL J. JONES title. MICHAEL J. KERSTEN be at approximately 12:10 p.m. tomor- SHAUNDRA D. KNIGHT The legislative clerk read as follows: row on the motion to invoke cloture on STACEY C. KRISHNA A resolution (S. Res. 278) designating Octo- JOHN A. LANE the nomination of MEL WATT to be Di- THOMAS WARREN LESNICK ber 2013 as ‘‘School Bus Safety Month.’’ rector of the Federal Housing Finance JOHN P. MCFARLANE LAURIE R. MCKENNA There being no objection, the Senate Agency. CHARLES R. MONIZ proceeded to consider the resolution. KATHY A. NAYLOR Mr. REID. Mr. President, I ask unan- f RICHARD A. PALMER CHRISTOPHER M. PALUMBO imous consent that the resolution be ADJOURNMENT UNTIL 10 A.M. JAMES W. PAYETTE agreed to, the preamble be agreed to, TOMORROW VICKY V. PRATT JASON P. RICHTER and that the motion to reconsider be Mr. REID. Mr. President, if there is JAMES MARINUS ROBERTSON, JR. laid upon the table, with no inter- SILVIA E. ROBLEDO no further business to come before the REGINALD L. SENNIE vening action or debate. Senate, I ask unanimous consent that DAVID E. TATUM The PRESIDING OFFICER. Without DAVID C. THOMPSON II it adjourn under the previous order. SHARON K. WILLIAMS objection, it is so ordered. There being no objection, the Senate, STEPHENIE D. WILLIAMS The resolution (S. Res. 278) was at 6:43 p.m., adjourned until Thursday, DANIEL P. ZABLOTSKY agreed to. RICHARD J. ZAVADIL October 31, 2013, at 10 a.m. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT The preamble was agreed to. TO THE GRADE INDICATED IN THE UNITED STATES AIR (The resolution, with its preamble, is f FORCE UNDER TITLE 10, U.S.C., SECTION 624: printed in today’s RECORD under ‘‘Sub- NOMINATIONS JAMES D. ATHNOS mitted Resolutions.’’) KEITH ALLEN BILLMAN, JR. Executive nominations received by MICHAEL D. BRIDGES f MIMI BYRD the Senate: TRICIA C. CAIN RICHARD H. CAMPBELL PROVIDING FOR A CONDITIONAL DEPARTMENT OF ENERGY EDUARDO CERVANTES DANIEL CHAVEZ RECESS OF THE HOUSE OF REP- JOSEPH S. HEZIR, OF VIRGINIA, TO BE CHIEF FINAN- SCOTT D. COOK CIAL OFFICER, DEPARTMENT OF ENERGY, VICE STEVEN RESENTATIVES MELISSA R. COPELAND JEFFREY ISAKOWITZ, RESIGNED. Mr. REID. Mr. President, I ask unan- JOSHUA S. CURTIS DEPARTMENT OF THE TREASURY MIKE DAVIDQUINTERO imous consent that the Senate proceed COURTNEY E. DAY NANI A. COLORETTI, OF CALIFORNIA, TO BE CHIEF FI- JOHN J. DECATALDO, JR. to H. Con. Res. 62, which was received NANCIAL OFFICER, DEPARTMENT OF THE TREASURY, DONELLA D. DENT from the House and is at the desk. VICE DANIEL M. TANGHERLINI, RESIGNED. ARETHA Q. DIX MARSHA M. DOLDRON BRYAN The PRESIDING OFFICER. The DEPARTMENT OF ENERGY EDGARDO DONOVAN clerk will report the concurrent resolu- JONATHAN ELKIND, OF MARYLAND, TO BE AN ASSIST- JASON L. DONOVANT tion by title. ANT SECRETARY OF ENERGY (INTERNATIONAL AF- JASON M. ESTES FAIRS), VICE DAVID B. SANDALOW, RESIGNED. STACEY P. FACKELMAN The legislative clerk read as follows: REGINALD JAMES FICKLIN, JR. DEPARTMENT OF THE INTERIOR WENDY M. FRANKE A concurrent resolution (H. Con. Res. 62) MONICA M. GOMEZ ARENAS RHEA SUN SUH, OF COLORADO, TO BE ASSISTANT SEC- providing for a conditional adjournment of MATTHEW J. GROSS RETARY FOR FISH AND WILDLIFE, VICE THOMAS L. BRETT R. HADLEY the House of Representatives. STRICKLAND, RESIGNED. CODY JOHN HESS There being no objection, the Senate DEPARTMENT OF STATE JILL M. HIBBERT JESSICA A. HILL proceeded to consider the concurrent CHARLES HAMMERMAN RIVKIN, OF THE DISTRICT OF MICHAEL S. JOHNSON resolution. COLUMBIA, TO BE AN ASSISTANT SECRETARY OF STATE OCTAVIA LORRAINE JONES (ECONOMIC AND BUSINESS AFFAIRS), VICE JOSE W. JACKIELOU E. KIM Mr. REID. Mr. President, I ask unan- FERNANDEZ, RESIGNED. TONY G. LAWRENCE imous consent that the concurrent res- ROBERT C. BARBER, OF MASSACHUSETTS, TO BE AM- MICAELA C. LEWIS BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF WILLIAM CALEB LUNSFORD olution be agreed to and that the mo- THE UNITED STATES OF AMERICA TO THE REPUBLIC OF JAMES E. MCDANIEL tion to reconsider be laid upon the ICELAND. CHRISTOPHER P. MCMILLIAN BATHSHEBA NELL CROCKER, OF THE DISTRICT OF CO- ANDREA MOORE table, with no intervening action or de- LUMBIA, TO BE AN ASSISTANT SECRETARY OF STATE EDWARD J. MORRIS bate. (INTERNATIONAL ORGANIZATION AFFAIRS), VICE ES- THOMAS PATRICK NAUGHTON The PRESIDING OFFICER. Without THER BRIMMER, RESIGNED. CLINTON H. NAWROCKI MARK GILBERT, OF THE DISTRICT OF COLUMBIA, TO BE MICHAEL ANDREW OETJENS objection, it is so ordered. AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY HIRAM J. ORTIZ The concurrent resolution (H. Con. OF THE UNITED STATES OF AMERICA TO NEW ZEALAND. JOSHUA D. PETER TINA S. KAIDANOW, OF THE DISTRICT OF COLUMBIA, A REBECCA LYNN POWERS Res. 62) was agreed to. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, JENNIFER ANN PREYER CLASS OF MINISTER–COUNSELOR, TO BE COORDINATOR KIMBERLY T. PRICE f FOR COUNTERTERRORISM, WITH THE RANK AND STATUS JANELLE JUST QUINN OF AMBASSADOR AT LARGE, VICE DANIEL BENJAMIN, CANDIDO RAMIREZ ORDERS FOR THURSDAY, OCTOBER RESIGNED. BEATA H. ROSSON JOSEPH L. SANCHEZ, JR. 31, 2013 DEPARTMENT OF EDUCATION CHRISTINE A. SANDERS Mr. REID. Mr. President, I ask unan- THEODORE REED MITCHELL, OF CALIFORNIA, TO BE AMBER C. SCHINDELE UNDER SECRETARY OF EDUCATION, VICE MARTHA J. DUANE P. SCHREIBER imous consent that when the Senate KANTER. WILLIAM DAVID SHERMAN completes its business today, it ad- MASSIE RITSCH, OF THE DISTRICT OF COLUMBIA, TO BE CHRISTY J. SNOW ASSISTANT SECRETARY FOR COMMUNICATIONS AND SARA M. SPEARING journ until 10 a.m. on Thursday, Octo- OUTREACH, DEPARTMENT OF EDUCATION, VICE PETER JEFFERY ALAN TAYLOR, JR. ber 31, 2013; that following the prayer CUNNINGHAM. KRIS E. WALKER SARAH MONROE WHITSON and pledge, the Journal of proceedings DEPARTMENT OF DEFENSE STEPHEN M. WILLIAMS be approved to date and the time for WILLIAM A. LAPLANTE, JR., OF MARYLAND, TO BE AN THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE the two leaders be reserved for their ASSISTANT SECRETARY OF THE AIR FORCE, VICE SUE C. UNITED STATES OFFICERS FOR APPOINTMENT TO THE PAYTON. GRADE INDICATED IN THE RESERVE OF THE AIR FORCE use later in the day; that following any UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: leader remarks, the Senate proceed to IN THE AIR FORCE To be colonel executive session to consider the Watt THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR PAIGE T. ABBOTT nomination, with the time until 12 FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH A. ASCHERL noon equally divided and controlled be- To be lieutenant colonel WILLIAM MARLIN BARRETT JOHN HARRISON BONDHUS tween the two leaders or their des- STANTON J. J. APPLONIE CLARENCE LEONARD BOROWSKI ignees. At noon, Senator-elect Booker CORY L. BAKER SCOTT C. BRIDGERS ERICKA R. BRIGGS STEPHEN H. BUNTING will be sworn in, so I ask unanimous XAVIER V. BRUCE SCOTT PHILIP CHAMBERS consent that following the swearing-in LEA ANN CALDERWOOD WILLIAM D. CLARK CHARLES F. CAMBRON, JR. RICHARD LEE COFFEY III of Senator-elect Booker, there be 2 TANYA M. DEAR LYNN E. COLE minutes of debate equally divided and GEORGE A. DELANEY, JR. MICHAEL LAWRENCE CORNELL JUSTIN J. EDER PATRICK K. COTTER controlled in the usual form prior to a RONALD B. ELLER ROBERT E. CULCASI cloture vote on the Watt nomination. JEFFREY S. FEWELL RICHARD C. DAVISON The PRESIDING OFFICER. Without PETER B. FRENCH RONALD D. DEAL JENNIFER H. GARRISON CURTIS R. DEKEYREL objection, it is so ordered. CARISSA E. GRANT ANTHONY T. DICARLO

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MICHAEL F. DONNELLY CHRISTIANE M. TABATZKY RICHARD S. LINDSAY III JOHN DOWLING VICTOR LEE TEAL, JR. JOHN A. MCMURRAY FREDERICK W. DYSON PETER MERRITT THALHEIMER JOHN J. MELTON MARY A. ENGES BRUCE J. THERIAULT KEVIN K. PITZER SHAWN D. FORD JEFFREY J. TIDWELL JOSEPH C. RHENEY THOMAS F. FORRESTER BRIAN J. TOLLEFSON KEVIN W. ROBERTS JOSEPH EDMOND FRANCOEUR ROBERT ANDERSON UNDERWOOD PHILIP E. SHERIDAN JED J. FRENCH DAVID S. URE RACHELE M. SMITH SHAWN J. GAFFNEY RICHARD D. VATT THOMAS C. TIMMES MICHAEL R. GIRARDIN MICHAEL T. VENERDI JOHN D. VIA THOMAS J. GOBLIRSCH CHARLES M. WALKER KEITH A. WAGNER MARK A. GOODWILL JAMES E. WALKER JEFFREY S. YARVIS THOMAS F. GRABOWSKI JUSTIN R. WALRATH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT TIMOTHY GREGORY DAVID W. WALTER TO THE GRADE INDICATED IN THE UNITED STATES ARMY LARRY WILLLIAM GRIFFIN, JR. KEITH Y. WARD NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND MARK RENE GROVES DOUGLAS S. WESKAMP 3064: JOSEPH R. HARRIS II BRYAN S. WHITE THOMAS B. HATLEY DAVID WILLIAM WILEY To be colonel MARK THOMAS HAYES JEFFREY L. WILKINSON LARS R. HERTIG JERALD K. WILLIAMS ROBIN M. ADAMSMASSENBURG GREGG J. HESTERMAN MISTY MICHELLE ZELK CARLOS C. AMAYA BRADLEY GENE HINKLE RENO JOSEPH ZISA RICHARD A. BEHR KELLY J. HUGHES MARGARET A. COLLIER RHONDA M. JAHNS IN THE ARMY TAMARA L. CRAWFORD STEVEN FRANCE JAMISON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SPENCER D. DICKENS, JR. STANLEY L. JONES TO THE GRADE INDICATED IN THE UNITED STATES ARMY TONYA F. DICKERSON BRENDA J. C. JORDAN VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS TERESA A. DUQUETTEFRAME KIM R. JOYE 624 AND 3064: LORI A. FRITZ DAVID MATTHEW KEELY MICHAEL W. GREENLY BRIAN D. KELLY To be colonel SHAROYN L. HARRIS JEFFREY SCOTT KING DIANA J. HEINZ STEVEN T. GREINER ROBERT CHRISTOPHER KORTE MELISSA J. HOFFMAN MARGERY M. HANFELT EDWARD H. KRAFFT CHRISTINE M. KRAMER JAMES F. KOTERSKI SHAROLYN K. LANGE DAVID MENDOZA PEDRO J. RICO MICHAEL R. LIGHTNER TAMMIE W.H. MORTON CHERYL D. SOFALY SIGURD A. LOKENSGARD MICHELLE L. MUNROE COREY MCBETH LOVE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ELIZABETH A. MURRAY MICHAEL J. LOVELL TO THE GRADE INDICATED IN THE UNITED STATES ARMY JENNIFER ROBINSON KURT M. MALLORY MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., LETICIA SANDROCK THOMAS HAROLD MCKENNA SECTIONS 624 AND 3064: REBEKAH J. SARSFIELD SUSAN L. MELTON To be colonel ALLEN D. SMITH GORDON R. MEYER VERONICA A. VILLAFRANCA JOHN C. MIGET STANLEY T. BREUER BRIAN DAVID MILLER ERICA R. CLARKSON JOHN RODNEY MINER DEYDRE S. TEYHEN f DAVID J. MOUNKES JAMES JULIUS MUSCATELLO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES RICHARD NICHOLS TO THE GRADE INDICATED IN THE UNITED STATES ARMY CONFIRMATIONS MARVIN E. NIELSEN, JR. MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- JAMES WILLIAM NOLAN TIONS 624 AND 3064: Executive nominations confirmed by JOHN FITZGERALD OCONNELL To be colonel REBECCA L. OCONNOR the Senate October 30, 2013: FREDERICK W. OLISON KIMBERLEE A. AIELLO DAVID A. OLSON WILLIAM P. ARGO DEPARTMENT OF DEFENSE ERIC J. OSWALD ERIC E. BAILEY ALAN F. ESTEVEZ, OF THE DISTRICT OF COLUMBIA, TO DUKE M. OTA, JR. STEPHEN A. BARNES BE A PRINCIPAL DEPUTY UNDER SECRETARY OF DE- RONALD CHRISTOPHER PARKER CARLENE A.S. BLANDING FENSE. RICHARD WAYNE POPLIN JAMIE A. BLOW BRIAN D. PORTER MICHAEL D. BRENNAN INTERNATIONAL BANKS FRANK A. RODMAN MICHAEL F. BRESLIN WILLIAM G. ROGERS, SR. AMY C.S. BRINSON JACOB J. LEW, OF NEW YORK, TO BE UNITED STATES MICHAEL D. RUMSEY EVA K. CALERO GOVERNOR OF THE INTERNATIONAL MONETARY FUND WANDA E. RUSHTON DAVID J. CARPENTER, JR. FOR A TERM OF FIVE YEARS; UNITED STATES GOV- JAMES P. RYAN KEVIN E. COOPER ERNOR OF THE INTERNATIONAL BANK FOR RECON- JEFFREY L. RYAN SOO L. DAVIS STRUCTION AND DEVELOPMENT FOR A TERM OF FIVE TORRENCE W. SAXE DENIS G. DESCARREAUX YEARS; UNITED STATES GOVERNOR OF THE INTER– MEREDITH LEE SHAW ERIC S. EDWARDS AMERICAN DEVELOPMENT BANK FOR A TERM OF FIVE KEVIN R. SHOMIN ROBERT F. HOWE YEARS; UNITED STATES GOVERNOR OF THE EUROPEAN JON J. SHOWALTER DENNIS B. KILIAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. THOMAS E. SHULER HEATHER A. KNESS OFFICE OF PERSONNEL MANAGEMENT VICTOR STARY SIKORA KAREN M. KOPYDLOWSKI CHRISTOPHER LEE SMITH AMY K. KORMAN KATHERINE ARCHULETA, OF COLORADO, TO BE DIREC- JOHN J. SMITH KERRY A. LEFRANCIS TOR OF THE OFFICE OF PERSONNEL MANAGEMENT FOR MICHAEL W. STINSON KENNETH A. LEMONS A TERM OF FOUR YEARS.

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