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

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

Vol. 160 WASHINGTON, TUESDAY, APRIL 1, 2014 No. 52 Senate The Senate met at 10 a.m. and was Federal minimum wage and to amend the In- I am beginning to think April Fools’ called to order by the President pro ternal Revenue Code of 1986 to extend in- Day arrived 1 day early. See, it is a tempore (Mr. LEAHY). creased expensing limitations and the treat- fool’s errand for the Koch brothers to ment of certain real property as section 179 property. think they can use their money to PRAYER frighten me or to brainwash Nevadans SCHEDULE The Chaplain, Dr. Barry C. Black, of- or the rest of the country. They are Mr. REID. Mr. President, following fered the following prayer: my remarks and those of the Repub- spending lots of money to try to do Let us pray. lican leader, the Senate will be in a pe- that. People of this Nation trace their Holy God, all Your works do praise riod of morning business for 1 hour, freedom of speech back to the Con- Your Name on the Earth, in the sky, with the majority controlling the first stitution, not a bank account which and on the sea. Great is Your faithful- half and the Republicans the final half. has lots and lots of zeros at the end. ness. Stir Your edifying spirit among Following morning business, the Sen- The Koch brothers are trying to use our Senators, liberating them from ate will resume consideration of H.R. their immense wealth to buy their way shortsightedness, as they work dili- 3979, the legislative vehicle for the un- around the laws and regulations of this gently for the freedom and justice of employment insurance extension legis- Nation to make themselves even rich- all. Lord, make them citizens of Your lation. er. Everything they do is so selfish, so kingdom, so that Your will may be The Senate will recess, as we do self-centered in an effort to make done on Earth even as it is done in every Tuesday, from 12:30 p.m. to 2:15 them—I guess the sixth richest is not Heaven. Help them to draw near to You p.m., to allow for our weekly caucus good enough, the fifth richest isn’t with true hearts and the full assurance meetings. good enough. They want to be the rich- that their times are in Your hands. KOCH BROTHERS est because they are into making Thank You for the liberties You have Mr. REID. Mr. President, as I went money and as much as they can. There given America and help us to remem- about my business in the Senate yes- is nothing wrong with that, except ber that eternal vigilance is the price terday, I was informed the Koch broth- what they are doing with their money. for freedom. ers are at it again. We know they are I know they say: Well, we gave We pray in Your merciful Name. at it, but now they are at it in Nevada, money in—I think—New York City to Amen. among other places. cancer research. But what they have f I am told one of their puppet organi- done to damage the National Institutes PLEDGE OF ALLEGIANCE zations is going to run commercials of Health is not possible to measure. against me in Nevada. That is quite in- Here are the rules the multibillion- The President pro tempore led the teresting. As I understand it, they had aire Koch brothers want to play by: Pledge of Allegiance, as follows: focused on places where there is an They should be allowed to say false and I pledge allegiance to the Flag of the election. They may not know it, but I misleading statements about the Af- United States of America, and to the Repub- am not running for anything for a few fordable Care Act, but we are not al- lic for which it stands, one nation under God, lowed to criticize them for it. indivisible, with liberty and justice for all. years, until my 6-year term is up. What issues will they raise in those Just listening to the news, and I f ads they say they are going to run in haven’t heard anything from the White RECOGNITION OF THE MAJORITY Nevada? That by my criticizing the House directly, but I am told that yes- LEADER Koch brothers, I have attacked their terday, in 1 day, more people signed up The PRESIDENT pro tempore. The freedom of speech. The gall of these for ObamaCare than the previous 3 majority leader is recognized. two brothers is staggering. months. People are anxious to have Keep in mind, they are the fifth rich- health insurance. They are anxious to f est people not in whatever State they have health insurance. I have been very MINIMUM WAGE FAIRNESS ACT— live in—they have lots of different satisfied that I and Members of my MOTION TO PROCEED homes in America—but they are the caucus and people around the country Mr. REID. Mr. President, I move to fifth richest people in the world. These have been standing up to these moguls proceed to Calendar No. 250. two mogul multibillionaires are so and their false, misleading, The PRESIDENT pro tempore. The eager to force their will on the Amer- fearmongering ways. clerk will report the motion. ican people that they will do it even in It should be no surprise that these The legislative clerk read as follows: the face of their own hypocrisy, which multimillionaire, billionaires, very, Motion to proceed to Calendar No. 250, S. we have already established some time very rich, fifth richest people in the 1737, a bill to provide for an increase in the ago. world have decided: What we will do is

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

S1883

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1884 CONGRESSIONAL RECORD — SENATE April 1, 2014 try to frighten REID. There have been call it the Koch budget because that is Our approach is simple: Let’s give times in my life when I have been a lit- whom they are protecting, the Koch free enterprise and private initiative a tle afraid, but I am not afraid of them. brothers. chance. Let’s use the tools we know I understand they have spent $30,000. I am fascinated by this. These pro- can lead to the creation of the stable, Let them spend $300,000 in Nevada. I posals are called the Path to Pros- well-paying 21st century jobs our con- don’t care—and I truly don’t. perity. It is a path to prosperity for stituents want and deserve. These oil barons have commissioned some people—the rich—because that Too often it seems our friends on the a group—one of their many organiza- budget would end Medicare as we know other side are single-mindedly focused tions. As I have said on the floor, most it. Similar to the last budget the chair- on treating the symptoms of a down of the ads we see we think have come man of the Budget Committee in the economy rather than actually pro- from Americans for Prosperity. That is House came out with, it would slash viding struggling Americans with posi- their name. But they funnel money education funding while expanding tax tive, meaningful paths to a better life. through many organizations—the loopholes for the megarich. They can’t seem to get their minds chamber of commerce. What does the Whose prosperity is being plotted in around any legislative proposal that chamber do with those ads? Run ads these schemes? Today, as we get closer puts ordinary Americans and private against Democratic Senators because to the new Ryan budget, we will have initiative in the driver’s seat instead of the chamber of commerce is a Repub- to see how much of the Koch brothers’ the government. To me that largely lican-oriented organization, and it is agenda is reflected in this year’s budg- sums up the difference between the good to get money from the Koch et. We don’t have to be a fortune teller parties. But it goes even further than brothers because they can hide under to know the similarities are extensive. that, because Washington Democrats the chamber of commerce. To any and all groups that wish to are not just reluctant to embrace any This organization they are now float- attack me on behalf of multibillion- idea that doesn’t emanate from Wash- ing around that is going to run these aires, fire away. I am very happy—I am ington; they don’t even want to hear ads, against me I am told, is called even proud—to be targeted by those at- about it. American Encore. It was previously tacks and will gladly endure them in If we are going to get this country called the Center to Protect Patient order to call attention to the unscrupu- back on track, that needs to change, Rights. I guess that didn’t work so lous acts of these two barons. But don’t and that is what Republicans are argu- well, as well more than 10 million peo- expect Americans to go along with ing for this week. What we are saying ple have now signed up for ObamaCare, their attempt to rig our democracy and is, if all you want is subsistence-level people who didn’t have the opportunity hand it over to a couple of power-hun- relief, then that is what the party of before. I guess they decided running gry tycoons—I guess from Kansas. I government is going to give you. But if ads against me is more important than know they have homes in New York, your goal is to help those who want to protecting patients’ rights, so now and one of them lives near here. truly aspire to join the middle class, if they came up with another catchy The country will be watching but not you want to really help people maxi- name, American Encore. fooled by the Koch brothers’ attempts mize their potential and build a better No matter what they call their orga- to purchase influence for whom—for life, it is time to start looking beyond nization or the myriad of organiza- the Koch brothers. Washington. tions, they all have one stated purpose, The PRESIDING OFFICER (Mr. Deep down I think our Democratic to make these oil barons even richer. If BOOKER). The Republican leader. friends understand this too. I think anyone needs further proof—and I am IGNITING THE ECONOMY they understand that pushing big gov- not sure anyone does—take a look at Mr. MCCONNELL. Mr. President, ernment legislation with words such as the legislation they have influenced Washington Democrats have controlled ‘‘jobs’’ or ‘‘affordable’’ in the title isn’t with their money. In recent years, the the White House and the Senate for the same as actually creating jobs or tea party-driven House of Representa- years now. They have tried just about actually making things more afford- tives has never missed a chance to fun- every tool in the liberal toolbox to able. It is like handing someone a nel more tax cuts to the wealthy by turn the economy around. Yet accord- menu instead of serving them a meal. raising taxes on the middle class. ing to the latest Gallup tracking poll, The tragic effects to this approach are The vast majority of wealthy people just 19 percent of Americans think the clear: from an Affordable Care Act that in America are willing to do more. economy is doing well. Millions are out turned out to be anything but, to a They have spoken to my friend the of work, and close to 60 percent of stimulus bill that seemed better at Presiding Officer. There are a lot of Americans say things are getting even stimulating late-night punch lines rich people in the State of New Jersey. worse. than good paying jobs. But despite all Even though the Presiding Officer has By basically any objective standard, the evidence, Washington Democrats worked with people who are badly in we would have to say the Washington remain stubbornly attached to the need of help, people in New Jersey have Democratic approach hasn’t worked. same old playbook. If you need proof, walked up to the Presiding Officer and We would have to say it is time for a just take a look at the poll-tested, said: I am willing to pay more—and the change, to do something that can campaign-crafted agenda they rolled same in Nevada. But every time we try work, and that is what Republicans are out this week—an agenda packed to to do something to get a few more re- proposing again this week. the brim with base-pleasing show votes sources to build roads, bridges, high- While Senate Democrats dust off the and few if any real solutions for the ways, dams, water systems, sewer sys- same poll-tested ideas for papering middle class. In fact, the non-partisan tems, Republicans in the Congress say over the symptoms of malaise, Repub- Congressional Budget Office tells us no. licans are proposing concrete ideas that one of their proposals could cost The Republicans in Congress do not aimed at igniting the economy and giv- up to a million jobs—cost jobs, not cre- represent mainstream Republicans in ing people real hope for something ate jobs. America today. They don’t even rep- more, something better than what they Look, this prioritization of party- resent mainstream rich Republicans have been getting for the last 5 years, pleasing show votes over actually help- around the country. They are driven by something which speaks to their hopes ing grow the middle class is a tragedy and they are afraid of the tea party. and their potential. In other words, the for our country. The American people We have a budget proposal coming other side is doubling down on the sta- really deserve two national parties out today from the House of Represent- tus quo while Republicans are offering that are serious, and it is long past atives. The person who ran for Vice change. time for Democrats to start engaging President the last go-around on the Re- Specifically, we will be proposing nu- with us in a serious effort to help publican ticket is the chairman of the merous jobs-related amendments which Americans who struggle so much in the Budget Committee and he is coming have one unifying purpose; that is, to Obama economy. out with a budget. It is a blueprint for break through the stagnation of the The good news is they will have their a modern ‘‘Kochtopia.’’ In fact, call it Obama economy and kick domestic job chance this week. The Republicans are whatever one wants. We might as well creation into high gear. filing amendments on a whole range of

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1885 job-centered policies, amendments that MORNING BUSINESS road in here, so that families who buy deserve not just a vote but bipartisan The PRESIDING OFFICER. Under health insurance have the promise that support. For example, an amendment the previous order, there will be a pe- they will have peace of mind when they from the junior Senator from South riod of morning business for one hour. face these life threatening struggles Carolina would eliminate ObamaCare’s Senators are permitted to speak there- which families face every day. 30-hour workweek rule, which is hurt- in for up to 10 minutes each, with the So we passed the Affordable Care Act ing Americans’ take-home pay in our time equally divided between the two and not a single Republican—not one— already depressed economy. leaders or their designees, and the ma- not a single Republican would join us One of our Members from Utah is jority controlling the first half of the in that effort. We rejected the free en- putting forward an amendment to re- time. terprise approach to health care and peal ObamaCare’s job-destroying med- The Senator from Illinois. said let’s have something that basi- ical device tax. A good number of cally respects families, basically re- Democratic Senators have joined us in f spects the needs we all have to have the past to get rid of this job killer, FILING DEADLINE protection when somebody in the house and they deserve the opportunity to is sick. Not a single Republican would Mr. DURBIN. Mr. President, I ask help us eliminate it once and for all. support us, and they never have since. The senior Senator from North Da- unanimous consent the filing deadline The bill we passed isn’t perfect. kota has an amendment that would for first degree amendments to H.R. Changes will have to be made. I have speed approval of the Keystone Pipe- 3979, which is the legislative vehicle for said that from the start, although I line. This is a project that would create the unemployment insurance exten- supported it. But not a single Repub- thousands of jobs right away, and it is sion, be at 2:30 p.m. today, April 1. lican has been willing to sit down and just a no-brainer. Senate Democrats The PRESIDING OFFICER. Without work on bipartisan compromises and need to join Democrats across the objection, it is so ordered. changes—not one. It is take it or leave country who have already endorsed f it, and they want to walk away from it. this commonsense initiative and help HEALTH CARE We are not going back to those old us pass it. days. I can guarantee them that the I personally plan to file an amend- Mr. DURBIN. I listened carefully to American people will never return to ment that would give Congress the the statement just made by the Repub- their idea of health insurance because ability to stop EPA’s back-door na- lican leader, Senator MCCONNELL of it was fundamentally unfair, it was too tional energy tax and would also keep Kentucky, in which he promised con- expensive, and a lot of Americans unelected bureaucrats from blocking crete ideas, real hope, change, job-re- didn’t have a fighting chance to ever desperately needed jobs in Kentucky by lated approaches, free enterprise—giv- have health insurance once in their sitting on surface mining permitting. ing free enterprise a chance, trying to lives. Things have changed. The reports Remember, this administration’s anti- deal with putting America back to are in, and the reports are telling us Kentucky policies have helped bring work. Then he gave us three examples. that dramatic things are occurring. As about a depression—that is a depres- I might say to the Senator that I am the Affordable Care Act’s initial enroll- sion with a capital D—in many Ken- familiar with all three because none of ment period closes, at least 9.5 million tucky coal counties. It is about time these are new. We have heard them previously uninsured people have they started having a little compassion over and over from the Republican side gained coverage. Some have done so for the coal families who just want to of the aisle. I will not go through each through the marketplaces created by put food on the table, and that is ex- one of them. A couple of them relate to law, some through private insurance, actly what my amendment aims to do. the Affordable Care Act. It is inter- So these are just a few of the many others through an expanded Medicaid. esting to me that the House of Rep- Incidentally, Medicaid has been ex- proposals Republican Senators will be resentatives has voted—I believe 45 putting forward this week. They rep- panded in about half of the States. times—to repeal the Affordable Care Listen to this: The increased cov- resent the kind of solutions our coun- Act. The Senator from Kentucky said erage from the Affordable Care Act so try needs right now to finally emerge we have to get back to free enterprise from this awful economy—real solu- far amounts to substantial progress to- ideas. ward one of the law’s principal goals. It tions that focus on creating well-pay- Let me tell you about the free entering jobs, increasing take-home pay, is the most significant expansion of prise idea when it came to health care. health care coverage since the creation training a world-class workforce, and Before the passage of the Affordable breaking a seemingly endless cycle of of Medicare and Medicaid 49 years ago. Care Act, the free enterprise idea was The Republicans want to return to chronic high unemployment. this: If you and your family were un- As I have indicated, we have tried the the ‘‘good old days,’’ and they want to fortunate enough to have a sick baby, Washington Democratic approach for tell these people being uninsured is if your wife was a cancer survivor, if years now. We know that it just hasn’t really better for you. It is the free en- worked. We know their new agenda your child had diabetes, the free enter- terprise system. isn’t serious, that it is nothing more prise answer was: We will raise the cost That is not good enough, I say to my than an ObamaCare distraction strat- of health insurance to the point that friends on the other side of the aisle. egy. We know this because Democrats you cannot afford it or we won’t even What we have here is an opportunity actually told us it was created by their offer it. That was the free enterprise for families for the first time in their campaign committee, that it was de- idea on health insurance for millions of lives to have health insurance cov- signed to appeal to their base. American families. erage. So if the Democratic majority is fi- There was another free enterprise Has there ever been a moment in nally ready to get down to business and idea out there in health care as well. It your life where you had a sick baby create jobs, this is a moment to prove said: We are going to sell you health and you were in the hospital waiting it. This is the moment to drop the end- insurance policies that just protect you room and you had no health insurance? less campaigning. This is the moment up to a certain amount of money. If to- I have. It happened when I was in law to work with us to actually create jobs morrow you are in a terrible auto acci- school. I remember it to this day, sit- and help the middle class, and this is dent, if the day after tomorrow you are ting there with my wife and baby with the moment for legislation that would diagnosed with cancer and face mil- a number in my hand waiting to see do just that. lions of dollars of radiation, surgery, who would walk through that door and Mr. President, I yield the floor. and care before you can get your life be the doctor for my baby. You will f back together again, be my guest to never forget that as long as you live. pay for it yourselves. That is why med- That shouldn’t happen to anybody. Ev- RESERVATION OF LEADER TIME ical bills are the number one driver of eryone should have the peace of mind The PRESIDING OFFICER. Under bankruptcy in America today. That is of health insurance coverage, and that the previous order, the leadership time free enterprise at work. But we said, is what this bill does. If the Senators is reserved. let’s put some sensible rules for the on the other side want to return to the

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1886 CONGRESSIONAL RECORD — SENATE April 1, 2014 ‘‘good old days’’ of no coverage, I can are going to pass, I think—let’s keep We now want to move it to a new just tell you, America is not going our fingers crossed. We are going to level and make sure that pay equity for back. pass an extension of unemployment those in the workplace is an American We are not going back to the days benefits. dream come true. We can do that. The when families with kids graduating What do these benefits mean? It free enterprise system is good, but, lis- from college had no health insurance means if you are out of work—some ten—let’s be honest about it—in some while they looked for a job. We protect people who work for 20 years in the aspects it doesn’t reach the goals we those families until the kids reach the same place, lost their jobs, now they want in terms of equal opportunity in age of 26. We are not going back to the are trying to find another job—we are this country. days when struggling senior citizens going to help you keep your family to- I also want to make a point about can’t afford to pay for their prescrip- gether while you are looking for that the whole question of affordable care. I tion drugs because of the so-called job. How much money are we talking happened to have met a man by the doughnut hole. We are not going back about here? The average is $300 a week. name of Ray Romanowski. He was in a to that day. We are going to move for- How long could you get by on $300 a health care clinic in Chicago. He is 62 ward as a Nation. week? It would be tough, wouldn’t it, years old and has been a part-time Is this bill perfect? Of course not. to pay the rent, mortgage, utility bills, worker and musician most of his life. Should it be changed for the better? food, clothes, shoes for the kids, cell For the first time in his life Ray Yes. But let’s not lose sight of what we phone—you need that to find a job, Romanowski has health insurance. He have achieved and what we can achieve don’t you—300 bucks a week. Well, we has a Medicaid card. He was patting his if we work together. have a chance to pass a bipartisan bill wallet, and he said: I can’t tell you how THE MINIMUM WAGE on unemployment compensation for a good I feel now that I finally got this When it comes to the creation of 5-month period to cover these folks, health insurance. jobs, there is something else I want to and the Speaker of the House of Rep- There are some people who don’t un- say. I believe that people who get up resentatives, Republican JOHN BOEH- derstand Medicaid. Medicaid is health and go to work every single day, who NER, says: Forget it—dead on arrival. insurance for low-income people in work hard for a living and are not lazy Won’t even take it up; won’t consider America, and millions depend on it at all, should not be living in poverty. it. I think he’s wrong, and I think it is every single day. Recently some Re- That is it—a basic statement. If you unfair, and I think these people deserve publicans made statements discred- want to go to work, work hard 40 hours a fighting chance. They want to be- iting the Medicaid Program. Let me set a week, you should not be living in come part of the free enterprise system the record straight: Medicaid is successful. It has been a lifeline for mil- poverty in America, and that is hap- again, and our giving them a helping lions of people, and especially for chil- pening because the minimum wage is hand in time of need is what every family expects and what they usually offer dren. My friends on the other side of $7.25 an hour. Do the math. It is less when asked to help. But instead, what the aisle find it easy to discredit a gov- than $16,000 a year to live on. Who Speaker BOEHNER has said is: No way, ernment program. As Senator MCCON- could do it? Well, some people try and you are out of it. You are out of work. NELL said earlier, we tend to look to struggle paycheck to paycheck. Yesterday in Chicago, IL, Gloria You are out of luck. I don’t buy it. the government. Well, we do when There have been times in my life and there is no place else to look. In this came to the microphone in the Federal in the lives of most people when neigh- case, these individuals had no chance Plaza and told the story of working a bors, friends and relatives, and even for health insurance without govern- minimum-wage job. She has two kids the government came in to give a help- ment’s help. Over 54 million people and lives in a homeless shelter—40 ing hand. For me it was government benefit from Medicaid, and it is not hours a week on minimum wage and loans when I went to school. I couldn’t surprising that interest in this pro- living in a homeless shelter. Come on. have done it without it. I think it has gram grows when our economy is This is a better Nation. paid off. It sure has in my life. Ulti- Would I pay 10 cents more for a ham- struggling. mately the voters have the last word Before the Affordable Care Act, two burger so Gloria would have enough about whether Speaker BOEHNER’s ap- out of three people on Medicaid were money to have the dignity to live in proach against unemployment com- pregnant women and children—36 mil- her own place with her children? You pensation is the right way to do it. lion of our most vulnerable citizens. bet I would, and I wouldn’t think twice There is another bill we are going to Medicaid also serves the disabled. It about it. We ought to have respect for take up next week—pay equity. My has been a lifeline for those who have a people who work in this country. Rais- wife and I have been blessed with a low income and are disabled. Before ing the minimum wage to $10.10 an daughter and a son. They are both in the Affordable Care Act, almost 3 mil- hour is our show of respect for the peo- the marketplace and both are talented. lion people were covered by Medicaid ple who get up and go to work every We are so proud of them. There is no in Illinois and over 50 percent of all darn day. They are on the buses of New reason why a daughter should be paid births were covered by Medicaid. Since Jersey in the morning. They are on the less than a son for the same work, but the Affordable Care Act was signed trains of Chicago in the morning. They it happens every single day. into law, over 210,000 people in Illinois just dropped the kids off, and they are We have to establish a standard in have signed up for Medicaid, and thou- hoping that they are going to be safe America of equal opportunity and sands more who are eligible are in the because it is a neighbor and it is the mean it, equal opportunity when it process of finishing up their paper- best they can do for daycare. There comes to daughters and sons and work, and that is a success. wasn’t a lot in the refrigerator when women and men in the workplace. It is According to 2011 data, 65 percent of they left their house. They are hoping not too much to ask. all office space physicians in Illinois to pick up something before they get The first bill President Obama signed would take Medicaid patients. Nation- home. They go to work every day, and into law as President was the Lilly wide the number is 70 percent. This ar- they know that struggle is going to be Ledbetter Act. I remember this woman. gument that new Medicaid patients repeated over and over. She worked in Alabama in a tire fac- won’t have a place to go for care is The free enterprise system is the best tory. After she had been there more wrong. system in the world, but there are mo- than 10 years, she finally realized she I see that Senator HARKIN from Iowa, ments when we need to step in as the was doing the same job as the man chairman of our HELP Committee, is American family and set some stand- standing next to her but paid less every on the floor. He was one of the real ards, set some goals. single day. She had enough of it so she leaders when it came to the determina- UNEMPLOYMENT COMPENSATION BENEFITS brought a lawsuit against the com- tion of the Affordable Care Act and The same thing is true for unemploy- pany. The Supreme Court turned her how many people would be covered. I ment compensation. We finally have a away so we had to change the law, and will yield the floor to him in 1 minute, bipartisan approach to this in the Sen- the President signed the Lilly but before I yield, let me say this: The ate—five Democrats and five Repub- Ledbetter Act into law to make sure Affordable Care Act is making a dif- licans. We have worked out a plan we women had a fighting chance. ference. For people in the low-income

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1887 category, Medicaid means when they an hour. It shows that 73 percent of all food at home has gone up 8.8 percent, walk into a hospital facing a medical voters want to raise the minimum childcare has gone up 11.7 percent, and emergency or need for care, they will wage, and that 90 percent of Demo- mass transit has had a 18-percent in- not walk away leaving bills behind crats, 71 percent of Independents, and crease. If you are a minimum wage them. Their bills will be paid by the even 53 percent of Republicans say we worker, all of your costs have gone up, Medicaid system, and that is part of ought to be raise the minimum wage. but your income has basically stayed what we are trying to achieve—the per- The vast majority of American people the same. sonal responsibility that every person, want to do this. Here is another thing the American every family, and every business will This is again a chart from across the people get; they understand this. CEOs have a responsibility to have health in- country. We have Arkansas, Florida, get big raises. Since 2009, the last time surance and an opportunity for an af- Georgia, my State of Iowa, Kentucky, we had an increase in the minimum fordable alternative. Mississippi, Wisconsin—52 percent, 73 wage, CEO raises have gone up 23 per- The free enterprise system is a percent, 61 percent, and 54 percent. The cent, 14 percent, and 5 percent, which is strong system. The free enterprise sys- vast majority of Americans in these about 40-some percent. Minimum wage tem created unfairness and injustice States say: Yes, we need to raise the has stayed the same. Those at the top when it came to health care, which we minimum wage, so it is not just one keep getting more and more and more, are addressing with this Affordable part of the country. but low-income workers get nothing. Care Act. Small business owners support rais- They keep falling further and further I yield the floor for Senator HARKIN ing the minimum wage. A poll done of behind. and thank him for his leadership on small business owners shows that 57 How are we doing compared to other this issue. percent say we should raise the min- countries? We always say, we are doing The PRESIDING OFFICER. The Sen- imum wage as opposed to 43 percent. all right. What are we doing compared ator from Iowa. Small businesses get it. to other countries? Here is an example Mr. HARKIN. Mr. President, I want The voters say that raising the min- of the national minimum wage rate in to thank our majority whip again for imum wage will help the economy. nominal U.S. dollars. Right now the telling it like it is and what is hap- This comports with over 600 econo- United States is third from the bottom. pening with health care in America mists—including what several Nobel There is Portugal, Spain, and there is today. We have come too far to turn prize economists have said—who say the United States. Look at who is back. We have made tremendous that raising the minimum wage will ahead of us: Austria, Japan, Canada, changes in the way people are going to boost aggregate demand and raise the the Netherlands, New Zealand, Ireland, access the health care system in Amer- GDP in America. The economy will Belgium, France, Luxembourg, and ica because of the Affordable Care Act. benefit. Australia. Australia’s minimum wage Look, we all admit there were mis- Well, you know what. The American is $16.34 an hour in U.S. dollars. takes made. Were there glitches? Yes. people get it. They may not understand France’s minimum wage is $11.98, Ire- But we went from a system where peo- all of the intricacies of economics and land is $11.16; New Zealand is at $10.96 ple were excluded from getting health economic analysis, but they get it. Of an hour. We are way behind other care, and Senator DURBIN talked about those who were polled, 56 percent be- countries in what the minimum wage them. There are various people with lieve it will help the economy, 22 per- is. preexisting conditions, kids and people cent said they don’t know, and only 21 Here is who benefits: Twenty-eight who had no access to health care what- percent say it will hurt the economy. million workers will get a raise if we soever, and now they are covered. That The vast majority of Americans under- raise the minimum wage. Fifteen mil- is a huge leap in this country. We made stand in their bones that raising the lion women, thirteen million men, four some mistakes, had a few glitches, and minimum wage is going to help the million African-American workers—I we worked those out. economy. Why? Because they know it will have more to say about that—7 Our friends on the other side say: No, will put more spending power in their million Hispanic workers, and 7 million ditch the whole thing. Get rid of every- pockets. parents will get a raise. Again, that is thing. Turn the clock back. I agree When people in lower wage jobs get not just minimum wage workers. Al- with the Senator from Illinois, people more money, what do they do? They most everyone who makes less than don’t want to turn the clock back. don’t go to Europe, they don’t buy pri- $10.10 an hour—and many who earn just They want to move ahead. They are vate islands and private jets, they above $10.10—will get a raise. It will getting covered more than ever before spend it in the local economy, such as not just be those who are making $7.25, with affordable coverage they have Main Street, where the small busi- there will be a lot of other people who never had before and we are not going nesses are. Again, the American people will also get a raise. to turn the clock back. I thank the get it. That is another thing I have heard Senator. Why should we be concerned about from my Republican friends. They say: f this right now? The minimum wage has Well, there are a lot of people who are not kept up with average wages. In making up to $40,000 a year and fami- MINIMUM WAGE 1968, the minimum wage was 53 percent lies will make more money. That is Mr. HARKIN. Mr. President, I want of the average wage in America. Today true. Raising the minimum wage will to take the time this morning to talk it is 36 percent of the average wage in not just help people who are in pov- about an issue that has been brewing America, which is a tremendous de- erty. It is true that it helps to get for a long time and is going to come to cline between those who get the min- them out of poverty, but it also helps a head in the Senate sometime in the imum wage and what the average low-income families. Let’s say there next several days, I hope, and it is one wages are in America. are two workers in the family and they which compels us to do something, and Since 2009, the last time we had an are both low-income workers. They are that is to raise the minimum wage in increase in the minimum wage, let’s making above the minimum wage, but the United States of America. We have look at what happened to the things they are low income. Perhaps you have waited too long to do this, and so we that low-income people have to spend a family with three kids and the bread- have to act on it as soon as possible. their money on. As I said, they are not winner makes a decent income of I wish to point out some of the data renting private jets and they are not $30,000 and the other makes minimum and some of the statistics confronting going to fancy restaurants to eat, but wage; that family too will get an in- us right now. First of all, why should they do have to spend money on elec- crease. anyone be afraid of voting to raise the tricity, rent, auto repair, food at home, Here is what happens: About 21 per- minimum wage? The American people childcare, and mass transit. So the cent of workers in America will get a are way ahead of us on this. Let’s look minimum wage has gone up 0 percent raise, and almost everyone has family at the polling data. since 2009. Electricity has gone up 4.2 income of less than $60,000 a year. This chart shows the results of a poll percent, rent has gone up 7.3 percent, Eighty-three percent of workers who to increase the minimum wage to $10.10 auto repair has gone up 7.6 percent, will get a raise under my bill are in

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1888 CONGRESSIONAL RECORD — SENATE April 1, 2014 American families making less than is at 81 percent of the poverty line, and are not restaurant workers. Right now, $60,000 a year; that is middle America. our bill would raise it to 107 percent of we are talking about pizza delivery There are a few workers—17 percent— the above line for a family of three. people, parking lot attendants, people that economists tell us have family in- That is why we raise it to $10.10—be- who work in hair salons, including come over $60,000, that will also get a cause it hits above the poverty line— manicurists—that is about 40 percent boost. But the majority are families and then we index it in the future. of tipped workers. making less than $60,000 a year. It is a Let’s look at the historic average on The PRESIDING OFFICER. The Sen- middle-class bill. this. People say: Isn’t that a big in- ator’s time has expired. Raising the minimum wage helps crease? Mr. HARKIN. I ask unanimous con- middle-class families, and it also does Well, historically, whenever we have sent for another 5 minutes. one other important thing—it helps raised the minimum wage, the percent The PRESIDING OFFICER. Is there kids. We don’t think about this a lot. increase has been about 41 percent. Our objection? There are 14 million kids who will ben- bill raises it 39 percent. So we wanted Without objection, it is so ordered. efit from raising the minimum wage— to keep it also within the boundaries of Mr. HARKIN. I thank the Senator for 14 million kids who are now in low-in- what we have done in the past. Going allowing me a few more minutes. come families and struggling to get by. clear back to 1939, the average has been The point being, if we look at all I thought it was interesting that the about 41 percent. tipped workers in States with a $2.13 American Pediatric Association—the My colleagues might notice that in minimum wage, the poverty rate is 16.1 folks you take your babies to to see the the 1990s there was a 27 percent and a percent. Where a State has a minimum doctor and stuff—says raising the min- 21 percent increase. That is because for wage the same for tipped and not imum wage will help our kids. It will some odd reason we raised it twice in tipped, the poverty rate is 12.1 percent. help them to develop better, have bet- the 1990s. We also hear that job growth will be ter oral health, better immunization So we looked at the decades. Histori- lost if we increase the minimum wage. rates, and decrease the rate of obesity cally, we have raised the minimum Well, again, we have done some data- and its complications. The American wage about once every decade. If we taking. If we look at tipped restaurant Pediatric Association Task Force on look at it in the decades, we are again worker job growth, just from 2009 to Child Poverty supports raising the right about average: 150 percent, 33, 60, 2012, in States that have a $2.13 min- minimum wage. They get it. They see 81; in the 1980s it was only 16; then in imum wage—tipped wage, the same as these kids in poverty and low income. the 1990s we had two steps, 54 percent. Federal—the job growth among res- They know what is happening to them. In 2007 when we passed it we raised it 41 taurant workers has been 2 percent. In By raising the minimum wage, you will percent. By the way, that was signed a State that has a minimum wage for help kids have a better life and a better into law by a Republican President, tipped workers the same as everybody start in life. not a Democratic President. else, the job growth has been twice as I will talk a little bit about the ba- So we wanted to get it above the pov- much—4 percent. This is just among sics of this bill. First of all, our bill, erty line, index it there but keep it tipped restaurant workers. the Minimum Wage Fairness Act, within the boundaries of sort of what Look over here at sales per capita in would raise the minimum wage from we have done in the past, and that is restaurants. This is sales per capita in $7.25 an hour—where it has been since what this bill does. So it is critical to the State. In those States with a $2.13 2009—to $10.10 an hour in three steps: 95 get it above the poverty line. minimum wage, $1.42 per capita; in cents, 95 cents, and 95 cents over 3 The minimum wage has lost 32 per- States with a full minimum wage, $1.68 years. We then index it to inflation in cent of its purchasing power. So 1968— per capita. That is why economists are the future, so no longer will people who if we had kept the minimum wage at saying raising the minimum wage and make the minimum wage fall below the the same relative status from 1968 to raising the tipped minimum wage is poverty line. We keep it above the pov- now, the minimum wage would be good for the economy. It increases ag- erty line. $10.71 an hour. It is now $7.25. So in gregate demand. The third thing our bill does is raise those years 32 percent of its purchasing People say: Why would this job the minimum wage for tipped workers. power has been lost by minimum wage growth be more? Why would the sales Can my colleagues believe this? When I workers. be more in a State with a higher min- tell people this, they say: No, you must Again, I want to cover tipped wages a imum wage for restaurant workers? be wrong, HARKIN. little bit because that is another im- Easy. If the restaurant workers Tipped workers in America today portant part of our bill. themselves are making enough money have a minimum wage of $2.13 an hour. People say: Well, tipped wages—peo- to go out and eat or to do other things, People say that can’t be right. It is. It ple make tips and all that. they increase the wages for all of the has been at $2.13 an hour since 1991. We keep hearing from some entities other restaurant workers in the State. Imagine that—$2.13. Our bill would that if we raise the tipped wage, it is That is true. How many times have I raise that from $2.13 an hour, over going to hurt the economy and it is heard from people who wait on tables, about a 6-year period of time, to 70 per- going to hurt the restaurant business. restaurant workers, say: I wish I could cent of the minimum wage, which is That is just not so. Look at the pov- make some more money. I would like much closer to what it was histori- erty rates. to go out to eat sometimes too. cally, before 1991. So it raises it to 70 This chart shows restaurant servers, But they don’t make enough money percent of the minimum wage over 6 right here. If we take a State that has to do that. But in the States where years and then indexes that also in the a $2.13 minimum wage, which is the they have a full State minimum wage, future. Federal minimum wage for tipped both job growth and sales per capita So, again, why did we settle on $10.10 workers—the poverty rate among are much greater. an hour? Why not $9? I have heard that tipped restaurant workers is 19.4 per- Lastly, this is what is unconscion- bandied about a lot. Well, here is why cent. Some States have already said able. This is a restaurant worker in the we raised it: because we know where they are going to have their tipped District of Columbia. She got a pay- the poverty line is. Back in 1968 the wages the same as the minimum wage. check, and her paycheck is for zero dol- minimum wage was 120 percent of pov- They have done that. Where we have a lars and zero cents. Have my colleagues erty. So we said: If we raise the min- full State minimum wage for tipped ever seen a paycheck for zero dollars? imum wage and we want to get it just workers the same as everybody else, Why is that? Because she is a tipped above the poverty line and index it for the poverty rate just among restaurant worker making $2.77, and after they the future so we wouldn’t fall below, workers falls to 13.6 percent. took out her FICA taxes and other where would that be? Well, to get to 107 If we look at all tipped workers—and taxes and things such as that, she got percent of the poverty line—just above a lot of people think that with tipped zero dollars. So therefore she had to the poverty line—it would be $10.10. So, workers, we are only talking about rely upon only her tips. again, in 1968 the minimum wage was people who wait on tables. That is not But what are tips? Here is what a lot 120 percent of the poverty line. Now it so. Forty percent of all tipped workers of people don’t understand. How do we

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1889 classify a tipped worker? How do we do unemployment benefits but the cre- ees. As a result, many new jobs are that? If a person makes more than $30 ation of new jobs—steady, good-paying simply not being created. a month in tips, a person can be classi- jobs with the opportunity for advance- Then there is the costly tax on life- fied as a tipped worker. Think about ment. Workers don’t want to spend saving medical devices such as pace- that—if a person makes more than $30 years on meager government benefits; makers and insulin pumps. This a month. So if a person works 5 days a they want to return to work. But in ObamaCare tax, which is so economi- week for a month, that is $1.50 a day. If order for that to happen, there have to cally damaging that it is opposed by a person makes more than $1.50 a day be jobs available, and there haven’t many Democrats as well as Repub- in tips, a person can be classified as a been too many jobs over the past 5 licans, has already affected more than tipped worker and be paid $2.13 an years. 300,000 jobs in the medical device indus- hour. We look at that and say that That is why Republicans have pro- try. If the tax is not repealed soon, can’t be right. But it is right. That is posed a number of amendments to the many more jobs in the industry will be exactly what is happening. unemployment insurance legislation lost entirely or sent overseas. Tipped workers are getting to be at that would remove obstacles to job cre- Ultimately, the Congressional Budg- the bottom of the barrel. Yet we rely ation and encourage businesses to ex- et Office estimates that ObamaCare upon them for so many things—people pand and hire new workers. Unfortu- will result in up to 2.5 million fewer pushing wheelchairs in the airport, nately, Democrats have shown little full-time workers. On top of that, the valet attendants, parking attendants. interest in job creation over the past 5 Budget Committee estimates the law There are a lot of people who are clas- years, so they are happy to extend un- will reduce wages by more than $1 tril- sified as tipped workers if they make employment benefits 13 times in 6 lion. more than $30 a month in tips—$1.50 a years, but they are unwilling to actu- Right now more than 10 million day. Think about that—$1.50 a day. ally do anything to treat the causes of Americans are unemployed. Nearly 4 They get that, they get classified as a unemployment and to help hurting million of them have been unemployed tipped worker, and they can be paid workers get the jobs they are looking for more than 6 months. Perpetually $2.13 an hour. for. extending unemployment benefits does So, again, the time has come. The In fact, Democrats’ record on job cre- not fix that problem. We need to start people of America understand this. ation has been pretty dismal. creating jobs. Working families understand it. This is There was the stimulus bill, which I have an amendment to the legisla- a civil rights bill. It is a women’s issue completely failed to bring about the tion before us. It is called the Solu- bill. I say it is a civil rights bill be- economic growth the President prom- tions to Long-Term Unemployment cause if we look at the people who are ised. Act. It includes four commonsense going to get benefits—13 million peo- There are thousands of new regula- measures that would support the un- ple—28 percent of African-American tions the administration has placed on employed and make it easier and workers, 32 percent of Hispanic work- businesses which stifle job creation. cheaper for employers to hire new ers, 19 percent of Asian and other The backdoor national energy tax workers. workers will get a raise. This is a civil which the EPA is trying to put on For starters, my amendment would rights bill. It is a women’s issue bill be- power companies in this country is provide direct support to unemployed cause 55 percent of the people in Amer- going to be passed on. People across workers by offering a one-time, low-in- ica making low wages who will get a this country who can least afford it are terest loan of up to $10,000 to allow an raise are women. It is a children’s going to be looking at much higher individual who has been out of work for issue. Kids who aren’t getting adequate utility bills. 6 months or longer to relocate to a city health care and nutrition and childcare We have the Keystone Pipeline, or State that has a lower unemploy- are the kids of people making the min- which has generated open hostility ment rate. imum wage or tipped wages, even less. from Members on the other side, and of Unemployment rates vary substan- So it is a civil rights issue, it is a wom- course we know that has immediate job tially across the United States. My en’s issue, it is a kids issue, and it is an creation potential. The Keystone Pipe- home State of South Dakota, for exam- economic issue for America. line, according to the President’s own ple, has an unemployment rate of 3.6 It is time to give America a raise and State Department, would create 22,000 percent, which is far below the na- raise the minimum wage. shovel-ready jobs, which could become tional average. We have a hard time in I yield the floor. available as soon as we get the pipeline my State of South Dakota, believe it The PRESIDING OFFICER. The Sen- approved. or not, in actually finding workers to ator from South Dakota. Of course, there is the ObamaCare fill the jobs. I talk to employers all the f legislation, passed several years ago, time in my State who are trying to which continues to wreak havoc on job find people to fill the jobs that are JOBS creation in this country. Chief among available in South Dakota. Mr. THUNE. Mr. President, I come to the burdens ObamaCare places on busi- So moving to a State with a low un- the floor today to talk about jobs. Once ness is the employer mandate, which employment rate can substantially in- again, this week the Senate is taking requires all businesses with 50 or more crease workers’ chances of getting a up an extension of unemployment ben- full-time workers, which the adminis- job. Unfortunately, most long-term un- efits, which will be the 13th such exten- tration defines as 30 hours or more a employed Americans lack the means to sion since 2008. week, to provide government-approved pack up and move to a new city or Arguably, of course, we came out of health insurance or to pay a fine. State. an economic downturn and a lot of peo- That is financially impossible for My amendment would help ensure ple were hurt by that; a lot of people thousands of nonprofits and businesses that lack of resources does not prevent were in need of help and assistance. with small profit margins such as res- Americans from heading out to where Yet here we are, 6 years later, and we taurants. As a result, many of these the jobs are. are still talking about extending unem- businesses are being forced to cut My amendment also would support ployment benefits. Why? Because we workers’ hours below 30 hours a week workers by cleaning up the mess that haven’t created enough jobs necessary to reduce the number of full-time emis Federal worker training programs. to get the people who have been unem- ployees on their books. And when they Currently, there are more than 50—50— ployed for a period of time back to hire new workers, they are hiring part- worker training programs spread work. Once again we have Senate time—not full-time—employees. across nine different Federal bureauc- Democrats ignoring the real issue, The employer mandate is also dis- racies. Needless to say, that leads to a which is the lack of jobs that has left couraging a lot of small businesses lot of duplication. And worse, a major- so many Americans struggling to find from hiring at all. Businesses that ity of these programs have never been work. planned to expand are now deciding evaluated to see if they actually work. The solution to years of high unem- they will be safer financially if they My amendment would consolidate 35 ployment is not perpetual extensions of keep their businesses below 50 employ- of these programs into one streamlined

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1890 CONGRESSIONAL RECORD — SENATE April 1, 2014 program and move control to the imum wage, for example—I have vis- debate on this important issue, a de- States. With every State facing dif- ited with employers in my State of bate that includes consideration of ferent unemployment challenges, try- South Dakota, small employers. I had modifications and changes to the pro- ing to administer a one-size-fits-all a meeting with employers, where the gram. program from Washington makes abso- size of their businesses range from 30 The President, after all, said the pro- lutely no sense. Putting States in con- employees up to about 200 employees, gram needs reforms. This is an oppor- trol would allow each State to tailor all of whom concluded that an increase tunity to implement those reforms. its workforce training programs to the of that magnitude in the minimum Members on both sides of the aisle— needs of its own citizens. wage would make it much harder for Republicans and Democrats—have ac- My amendment would also provide them to grow their businesses and to knowledged the need for reforms. So two incentives to encourage businesses create jobs. my vote to consider this legislation to hire the long-term unemployed. The Congressional Budget Office esti- early on, when it came up, was not First, my amendment would perma- mated that raising the minimum wage about supporting or opposing an exten- nently exempt long-term unemployed would cost our economy up to 1 million sion of the emergency unemployment workers from ObamaCare’s require- jobs. Why? Because it makes it more insurance program, but it was about ment that businesses with 50 or more expensive, more difficult for employers initiating a debate on this important workers provide government-approved to create those jobs and to hire new topic and setting the stage for both health care to their employees or pay a workers. As a consequence, there are sides to work together to find a cred- fine. fewer jobs that get created in our econ- ible way of paying for this extension, if Many employers want to hire more omy. it was granted, and having responsible workers but they are afraid. They are Well, if the goal is to lift people into reforms in terms of amending or chang- afraid of the financial hit their busi- the middle class, to get more people to ing the current law so we could avoid nesses will take if they end up subject work, I do not know why we would look some of the duplication and some of to ObamaCare’s costly mandate. My at policies that have proven in the past the misuse of funds that go into this amendment would allow businesses to to make it more difficult to create jobs particular program. hire those new workers without that and cost us jobs in our economy. And So those two things—a responsible fear. we have the Congressional Budget Of- pay-for and measures to reform the program—were critical. I felt that was This idea recently gained broad bi- fice saying it would cost us up to 1 mil- the debate we needed and, in fact, we partisan support in the House of Rep- lion jobs and also raise costs for people did have a bipartisan discussion back resentatives. The House has acted on a in this country; in other words, the and forth with the caucus on our side similar measure to exempt veterans things people have to buy. It would of the aisle and the caucus on the other from the ObamaCare employer man- raise prices for the things people have date headcount. That measure passed side. to rely on in their daily lives. It is clear that we have gotten to the the House of Representatives by a vote Those are the types of things we con- point where not all of us are happy of 406 to 1. That is a strong indication tinue to hear from the other side—pro- with the result that came forward. I that we need to provide relief from posals that, frankly, sound good and see my colleague from Nevada Senator ObamaCare’s costly mandates to en- maybe poll well but when you really HELLER on the floor. No one could have sure those who need and want to work get down to brass tacks do not get the been a better leader in terms of pulling are able to find good jobs. job done. And clearly, the object is cre- the group together, working to find a I am confident that if the majority ating jobs—something we have not sensible solution to this issue. I com- leader would allow this provision to get done here now for 5 years because we mend him for the efforts he has made. a vote on the Senate floor, we would consistently get policies from our However, I am disappointed in not see a similar outcome that would ben- Democratic colleagues and from the having the ability to offer amendments efit long-term unemployed individuals. President that drive up the cost of when a bill comes to the floor, and Finally, my amendment would pro- doing business, drive up the cost of hir- being shut down by the majority leader vide another hiring incentive by granting new employees, put more obstacles who simply says: I am going to use ing a 6-month payroll tax holiday for in the way of job creation, instead of Senate procedures—some of them ar- each long-term unemployed worker putting policies in place that we cane procedures—to deny the opposing that a business hires. For an employer know—that we know—will create jobs, party any opportunity to include their hiring a worker that is making $40,000, good-paying jobs, and give people an ideas, their thoughts, their amend- that 6-month payroll holiday means a opportunity for advancement that will ments in the process. savings of $1,240. help lift them into the middle class. Throughout the discussion we have If it is the Senate’s will to extend We can do it. It is high time we did had with our colleagues across the these benefits, Republicans want to en- it. I hope, again, that the majority aisle in trying to form a consensus and sure this extension is paired with the leader will allow votes this week on bring the bill forward, some of us were kind of help that will actually ensure Republican proposals—and there are disappointed that those items that we we do not have to extend unemploy- many of them here—that actually will offered, that we thought were reason- ment benefits a 14th or a 15th time. make it easier and less expensive to able, were not included in the final That is why we are here offering meas- create jobs in this country. It is long version. ures to address the root cause of unem- past time that we start providing real You do not always get everything ployment—the lack of jobs. help for the unemployed. you want. But nevertheless, at least It is vital that we stop putting I yield the floor. around here you used to be able to go bandaids over the problem and start fo- The PRESIDING OFFICER (Mr. down to the floor and say: I want to cusing on solutions. Democrats may SCHATZ). The Senator from Indiana. give my colleagues a shot at hearing not have made job creation a priority f what my amendment tries to accom- for the last 5 years, but they can start plish, and allow it a vote. And if you making it a priority today. And they UNEMPLOYMENT EXTENSION win, you win; if you lose, you lose. In can do that by the majority leader al- Mr. COATS. Mr. President, I would the end, you look at the total package, lowing votes on Republican proposals like to discuss the legislation currently as amended—or at least as attempted to make it easier and less expensive to under consideration. But I want to to be amended—and make a decision: create jobs. begin by briefly discussing how we ar- Do I want to support this or not sup- We just heard—we keep hearing—pro- rived at this point. port this? posals that are being brought to the In January, I was one of a few on our That is the position we were in, and floor by Democrats that will drive up side of the aisle who voted to begin de- I had what I thought were two reason- the cost of doing business, make it bate on the bill to extend unemploy- able requests. One was prohibiting the harder, create more obstacles to hiring ment insurance benefits. I said at the simultaneous collection of Social Secu- people and to creating jobs. The pro- time—and I still believe today—that rity disability insurance and receiving posed 40-percent increase in the min- the Senate should have a full and open unemployment insurance.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1891 Look, the law is basic and it is com- corporated. What I am asking for, what program. But the most basic of reforms mon sense. If you are eligible to re- I have been asking for now, is the op- that ought to be debated and voted ceive unemployment benefits, you have portunity to bring those two proposals on—we ought to have the courage to to be determined as someone capable of forward, debate it on this floor, call for put our yes or our no to it so people performing suitable work. I had an a vote. I am not going to filibuster it. back home know where we stand—that amendment to incorporate this pro- I am not going to delay it. I am not has been denied us yet once again. posal into the language of the final bill going to throw a monkey wrench into This is a dysfunctional body, led by a that is going to come before us. The the process. Let’s have a time-limited, dysfunctional leader. It is not oper- amendment language is identical to straightforward debate and give Mem- ating as the Constitution has put forth, the language previously proposed by bers the opportunity to vote their yes as the tradition of the Senate has re- Senate Democrats that would offset or vote their no. quired. It is a shame. It is a shame on Social Security disability benefits by Then, at the end, when this process us that we are not even allowing de- the amount of unemployment insur- has been worked through, as the Sen- bate and the opportunity to offer re- ance received. ate was designed to do but under the forms, even when they have bipartisan So, as I said, by law, a person has to leadership of the current majority support. be able to work to qualify for unem- leader has not been able to do, once I yield the floor. ployment benefits. Yet, as we have again—once again—the very function, The PRESIDING OFFICER. The Sen- found, some people claiming those ben- the design of the Senate has been ator from Nevada. Mr. HELLER. Mr. President, I wish efits also are claiming Social Security thwarted by the leadership or lack of to begin by thanking the two previous disability benefits. The law provides leadership of the majority leader who speakers for their comments and their that in order to claim disability pay- simply said: I will use procedural meas- dedication to their particular cause. ments, you have to prove that you are ures to keep you from offering any My friend from Indiana knows both of not capable of working, that there are amendment to this bill. his amendments are something I would basic medical reasons why you cannot I do appreciate the work that went have supported if given the oppor- work. on behind the scenes to try to come up tunity to actually vote on them, but But here we have, documented by with a consensus bill. I think that fell the important point is this, we are agencies of the government, people who short of where I would like to go. I moving forward. The Senate is moving are getting checks for both programs. would at least like to have the oppor- forward with a debate on a bipartisan All we were trying to do—all I am try- tunity as a Senator to offer on the proposal to responsibly extend unem- ing to do is put forth a provision that floor an amendment to the bill and ployment benefits. I am encouraged by says you cannot do both; you either are then accept the results, yea or nay. our progress so far. I hope we can con- able to work or you are not able to Since both of these things that I have tinue to work with our colleagues to work. If you are not able to work, you mentioned have had bipartisan sup- pass this piece of legislation. port, why are we not allowed to vote can qualify for disability payments. In speaking on this bill, I would be for it or against it. Why are we not al- But if you are able to work, you may remiss not to again thank my friend qualify for unemployment benefits if lowed to have the opportunity to do from Rhode Island for his tireless ef- there is no work available, but you what the Senate is supposed to do on forts to help unemployed Americans by should not be able to qualify for both. behalf of the constituents whom we all temporarily extending unemployment While some adjustments have been represent? That was the basis for my insurance benefits. I admire his dedica- made, there still are several billions of decision to go forward with this. A lot tion. I am greatly pleased we are here dollars of costs to the taxpayers be- of people misunderstood that, but it today to support a bipartisan effort cause of this duplication. was simply a decision I made that we and to help all Americans keep Amer- Secondly, I offered a provision that ought to return to some form of reg- ican families on their feet in a very dif- gave the States the flexibility to make ular order. ficult economic climate. decisions as to how people would qual- The reason we come to the Senate is I also wish to thank Senators COL- ify for these benefits. I hear frustration to be able to be a participant in fash- LINS, PORTMAN, MURKOWSKI, and KIRK from employers all across Indiana that ioning legislation. Our majority leader for their continued willingness to come are basically being told by people who Senator REID has disallowed that op- to the table to craft a bill that would are looking for work: I would rather portunity, meaning essentially robbing garner enough support to pass in the keep collecting unemployment than the soul of the Senate, the purpose of Senate. I also, as I just mentioned, accept the job you are offering to me. the Senate, the purpose of Senators, wish to acknowledge the contributions In this time of slow economic turning us into robots, rubberstamping of both Senator COATS and Senator growth, as we come out of the reces- whatever the majority leader wants us AYOTTE, who though not cosponsors of sion very slowly, some people, as has to pass or not pass, telling us that the this particular version of the bill have been documented to me by many em- 200-and-some years of tradition, of de- been essential in these negotiations, as ployers across the State of Indiana, are bate and vote in the Senate, the ability well as Senator ISAKSON and Senator basically saying people would rather to offer an amendment has been denied HOEVEN, who have also been engaged in collect the benefits. us. this matter in recent months. So we put in what was called a suit- Once again here we are back in the Last December the Federal unem- ability provision that would prohibit same situation because we have one in- ployment insurance benefits were al- individuals from receiving emergency dividual who has made a decision that lowed to expire, leaving millions of job- unemployment compensation if they the minority does not count, that Sen- seeking Americans wondering how they fail to accept any offer of suitable ators—even some in the majority—do would cover their mortgage, pay the work. That is defined as work within not count. They do not get to offer utilities, fill their car with gas, put their capabilities or suitable work re- amendments either. We are going to do food on the table for their families. My ferred to them by the State employ- it his way and not the way it has been constituents who have written to me, ment agency. Unfortunately I thought done for more than 200 years. who have called my office, and the peo- we had bipartisan support. Instead With that in mind, having the ability ple I have spoken with when I am home they said let’s study this. It has been to bring forward something that I in Nevada have shared many heart- studied. It has been documented. We do think has bipartisan support, is respon- breaking stories with me. not need to study. ‘‘Study’’ is a way sible, will address the reforms the I have heard from individuals all for—let’s take this decision out of the President called for has been once across the spectrum, from every sector, process and it will put it down some again denied. With that, I simply can- from every industry. I would like to dark, deep hole and maybe some study not support going forward with this, share one of those letters from Michael will come out later on. even though there are people out there in Carson City, NV, who wrote to me So the bottom line is that the two who are legitimately looking for work, several weeks ago. After Michael and amendments I had hoped would be part making every possible effort, should be his friend moved to Nevada from Cali- of this final package have not been in- able to qualify for an unemployment fornia just a few years ago, they needed

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1892 CONGRESSIONAL RECORD — SENATE April 1, 2014 unemployment insurance benefits to hit States have access to critical re- gress work with States to overcome help them bridge the gap between jobs. sources when they need it the most. any of these challenges, but Congress Sometimes they had to visit the local Nowhere is this more apparent and im- has the responsibility to overcome food pantry to keep food on their table, portant than in my home State of Ne- these challenges. No bill is perfect, and but Michael kept looking for a job. vada, which has the unfortunate dis- the varying capabilities of State sys- Eventually he found some work as a tinction of carrying the Nation’s high- tems compound the difficulty of the substitute teacher. He also found an- est unemployment rate for nearly 5 task at hand. other part-time job working nights and years—nearly 14 percent unemploy- This isn’t a new obstacle for Con- even weekends. Through perseverance, ment at the highest. gress. Every person in this Chamber is Michael ended up finding a full-time Nevada’s current unemployment rate familiar with the challenges involved job, and now he and his wife and their at 8.5 percent remains still one of the in finding a balance between Federal young daughter are enjoying some fi- highest in the country, high above the and State laws and ensuring that what nancial stability that they did not national average and far from where we we do in Washington isn’t an undue have just a few years ago. need to be as a State. What concerns burden back home. We deal with that I think Michael’s story is a great ex- me even more is the fact that thou- problem every single day. Additionally, ample of how valuable unemployment sands of Nevadans have dropped out of the Department of Labor has provided insurance is to American families who the workforce entirely, people who lost $345 million to States over the past 5 have fallen on some hard times. I their jobs, exhausted both their State years to help States modernize their thank Michael for taking the time to and Federal unemployment insurance systems so that they are more respon- share that story with me. I am very benefits and were still unable to find sive and efficient. glad his family is doing well in Carson work in this tough economy. I know we can find a way to work City. Nevada is now trending in the right with our State agencies to find a way I have another letter from John from direction, thanks in large part to the to reduce the burden of administering Henderson. John lost his job last April. vision of our Governor, Governor these benefits. In fact, Department of He has been looking for work for near- Sandoval. But again, we still have a Labor Secretary Thomas Perez wrote a ly 1 year now. Unemployment insur- long way to go. That is why we need to letter last week in response to some of ance has helped him keep a roof over temporarily extend unemployment in- these very concerns and believes that his head. It also helped him keep the surance benefits to give the people of the challenges are not—I repeat, are power on. John is doing everything he Nevada, Rhode Island, and many other not—insurmountable. As a former can to make ends meet while he con- States some financial certainty as our labor secretary for Maryland and now tinues to search for a job, but it is get- country’s economy recovers. Secretary of the U.S. Department of ting tougher and tougher to put food As we continue to push forward to re- Labor, Mr. Perez has hands-on experi- on the table and provide for his young store our economy, the need for these ence with unemployment insurance at family. benefits will naturally diminish. This both the Federal and State levels. In Without any help, John and his fam- brings me to another important point I his letter, Secretary Perez indicated ily may lose their home. They are wor- wish to highlight about this bill. There that the Department of Labor already ried about where to go and they are is a temporary extension of unemploy- has guidance on how to administer ret- worried about what options they have ment insurance benefits, 5 months to roactive benefits. This is not the first left. I have a stack of letters just like be exact. Temporary extensions of time there has been a gap in UI exten- these, Nevadans sharing their indi- these programs during high periods of sions. Although this gap may be a lit- vidual experiences with me. Those sto- unemployment have found bipartisan tle longer than usual, Secretary Perez ries are why I am here today and I have support in the past. I think they merit states that ‘‘we are confident that we fought so hard to find a way to tempo- bipartisan support. I agree we should could successfully address this chal- rarily extend these benefits in a re- not indefinitely extend these programs. lenge again.’’ sponsible way. I would also like to see additional re- It may also be difficult to implement These are real American families try- forms. We should continue that discus- measures in our UI systems to deter- ing to make ends meet. They are peo- sion. mine whether someone is a millionaire, ple who want to get back to work, want I strongly agree with my colleagues but I think most of us would agree that to be self-sufficient, want to provide on this side of the aisle that the key to jobless millionaires and billionaires for their families. Without unemploy- our economic recovery is through the should not be receiving unemployment ment insurance, many of them would creation of new jobs. Under this admin- benefits. The limited resources we have have lost their homes, been forced to istration, there are still three workers to provide for this social safety net search and seek out additional govern- for every available job, leaving far too ought to be reserved for Americans ment services. Unemployment insur- many qualified workers out of a job who need this help the most. Some ance helps people before things go from simply because there are not enough State systems may not be responsive bad to worse and does make a dif- opportunities available. or responsible enough to get this done ference for millions of Americans. My Republican colleagues, including by the time these benefits expire again. Last week I spoke briefly on the need Senators HOEVEN, THUNE, LEE, and I recognize that. But if we continue to to extend these benefits. I want to reit- many others, have introduced more provide a series of short-term exten- erate an important point that I think than a dozen bills to spur job creation sions without any reforms, we will is often misunderstood. Unemployment by reducing governmental burdens and never fix the underlying issues. We insurance benefits go to unemployed making it easier for businesses to grow have known for years that there are individuals who are actively seeking and create new jobs—bills that will some well-off individuals abusing the employment. I share the desire of my help reduce the need for unemployment UI system, and it is long past time that colleagues and constituents to rein in insurance benefits, strengthen our we do something about it. out-of-control Federal spending and re- economy, and improve the financial se- We should not be content to just ex- duce the dependence on Federal aid, curity of millions of Americans. tend Federal programs if we know but I believe unemployment insurance I hope that as we are debating this there are inefficiencies. We need to do is a critical safety net for American bill before us today, we have the oppor- something to make these programs run families, especially during periods of tunity to debate and vote on these im- more efficiently, effectively, and en- high unemployment such as we are cur- portant job creation measures. sure that our hard-earned taxpayer dol- rently experiencing. I know there are some questions re- lars are used in a responsible fashion. Further, additional benefit tiers are garding how State workforce agencies I am proud to have worked with my only available to States that meet cer- might administer retroactive benefits colleagues on both sides of the aisle on tain unemployment rate thresholds, and enforce some of the new require- this legislation. It hasn’t always been meaning that the duration of benefits ments provided in this bill. These con- easy, but I thank my colleagues for decreases as the State recovers. This cerns are not unreasonable. However, I their patience and their continued hard ensures that job seekers in the hardest firmly believe that not only can Con- work to help the American people find

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1893 some stability as they look to get back problem. The plight of the long-term So while some Democrats have to work. I look forward to moving to unemployed—which this bill is sup- claimed that extending unemployment this bill, passing it, and working with posed to address—is not the major benefits is the best way to create jobs, the House to restore unemployment in- problem facing America today. Instead, the facts certainly tell a different surance benefits as we continue work- the major problem is that despite the story. ing to improve the health of the Amer- best efforts of many of us in Congress, I am not going to condemn anyone ican economy. our government hasn’t done enough to for wanting to extend a helping hand to I yield the floor, and I suggest the ab- foster economic growth. In fact, more those who continue to face difficulties sence of a quorum. often than not in recent years govern- under the Obama economy, but if we The PRESIDING OFFICER. The ment has stood in the way. It has been are going to debate yet another exten- clerk will call the roll. an impediment. sion of Federal unemployment bene- The assistant legislative clerk pro- We are now more than 5 years into fits, we should at the very least get our ceeded to call the roll. this administration, and it is becoming facts straight. The PRESIDING OFFICER. The Sen- increasingly clear that President So with all this in mind—the cost of ator from Nevada. Obama does not have a plan to address the EUC program and the questionable Mr. HELLER. I ask unanimous con- these problems. True enough, he has benefits—let’s take a look at the legis- sent that the order for the quorum call proposals that would expand the gov- lation before us now. be rescinded. ernment and redistribute income but One thing I would like to point out is The PRESIDING OFFICER. Without nothing resembling a plan to promote that with this legislation we have once objection, it is so ordered. growth in the private sector or to actu- again abandoned regular order and by- ally put people back to work. Many of f passed the committee process entirely. the President’s redistribution schemes I have remarked on this problem here EXTENSION OF MORNING end up costing labor supply and jobs, as on the floor several times before. When BUSINESS the nonpartisan Congressional Budget we ignore the traditional role of the Mr. HELLER. I ask unanimous con- Office has made clear with respect to Senate committees, we short-circuit sent that morning business be extended ObamaCare and the President’s pro- the legislative process, and more often until the Senate recesses at 12:30 p.m., posed minimum wage hike. than not we end up with an inferior with Senators permitted to speak Growth is what we should be debat- product. This bill is certainly no excep- therein for up to 10 minutes each. ing, ideas and proposals that would action. tually grow our economy and help peo- The PRESIDING OFFICER. Without We learned this last month when the ple find jobs. But instead we are here objection, it is so ordered. National Association of State Work- once again to debate an extension of Mr. HELLER. I suggest the absence force Agencies, NASWA, sent a letter the emergency unemployment com- of a quorum. to the Senate outlining its concern The PRESIDING OFFICER. The pensation program, or EUC. Let’s talk about the EUC program for with this bill. Chief among these con- clerk will call the roll. cerns was that it would be extremely The assistant legislative clerk pro- just a few minutes. The proponents of this legislation difficult for States to retroactively pay ceeded to call the roll. have told us that extending ‘‘tem- unemployment insurance claims, as Mr. HATCH. I ask unanimous consent porary’’ unemployment benefits is this bill would require. Indeed, accord- that the order for the quorum call be vital to our economy, but I think the ing to NASWA, backdating EUC claims rescinded. facts tell a much different story. Be- ‘‘would make it nearly impossible’’ to The PRESIDING OFFICER. Without tween July 2008 when the program apply individual State work search re- objection, it is so ordered. started and December 2013 when it ex- quirements, which is a key factor in f pired, we spent roughly $265 billion on determining eligibility for unemployment insurance. In addition, the letter ORDER OF PROCEDURE EUC benefits. That is more than a quarter of a trillion dollars on a tem- indicated that there would likely be a Mr. HATCH. I ask unanimous consent porary Federal benefit program. For large increase in new EUC overpay- that after the completion of my re- much of that time the program paid up ments as a result of this retroactivity marks, the distinguished Senator from to 73 weeks of Federal benefits, requirement. Kansas then be able to give his re- amounting to a record total of 99 avail- Due to these concerns and others, marks. able weeks of unemployment benefits NASWA concluded that it would take The PRESIDING OFFICER. Without when you add the State and Federal States up to 3 months to implement objection, it is so ordered. benefits together. All told, we have this legislation, which is problematic f paid EUC benefits for 66 months, which because although the bill before us is is 21⁄2 years longer than any similar technically for a 5-month extension, UNEMPLOYMENT BENEFITS emergency unemployment program in only 2 months of benefits would be paid Mr. HATCH. Mr. President, I rise in U.S. history. prospectively. In other words, many opposition to the Emergency Unem- In other words, EUC is a program States would not be ready to imple- ployment Compensation Extension Act with a long track record, and when we ment this legislation by the time it ex- of 2014. In my view, this legislation is look at the record, we see that it pires. flawed in many respects, and that hasn’t had the positive economic im- This is more than a glitch or a bump being the case, I intend to vote against pact proponents of the program often in the road; it is State workforce agen- it. claim it has. Indeed, despite the hun- cies—the very people who will have to First and foremost, it needs to be dreds of billions of dollars in benefits implement this legislation on a day-to- said that the fact that we are even hav- we have already paid under this pro- day basis—telling the Senate that this ing a debate about extending unem- gram, we have suffered through the bill is unworkable. According to the ployment benefits is unfortunate. worst jobs recovery in our Nation’s his- NASWA letter, there are a number of Throughout the Obama administration, tory, and the long-term unemployed States that would consider not partici- our Nation has been plagued with lack- have suffered the most. pating in the program due to these luster job growth, lower and lower There is evidence to suggest this pro- problems and the short time available rates of labor force participation, and gram has actually made the recovery to address them. high levels of long-term unemploy- worse. For example, according to re- Labor Secretary Perez sent his own ment. Indeed, under this President it cent research published by the Na- letter in response to NASWA’s state- has been harder to find a job than at tional Bureau of Economic Research, ment, promising to help States address any other point in our Nation’s recent ‘‘unemployment benefit extensions can these concerns. Oddly enough, however, history. account for most of the persistently this letter was very short on actual de- But, as has been said before, these high unemployment after the Great tails as to how that assistance would are just symptoms of a much larger Recession.’’ be offered.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1894 CONGRESSIONAL RECORD — SENATE April 1, 2014 All of that said, these are the kinds As we can see, there are a number of would be difficult politically. Indeed, of problems I was talking about—prob- problems with this bill that could have preventing difficult votes seems to be lems which can be addressed if commit- been considered and addressed had the priority No. 1 for the current Senate tees are given an opportunity to oper- Finance Committee been allowed to do majority. ate. Had the committee had an oppor- its work. And it should have been al- At this point, it appears they have tunity to vet this legislation, we could lowed to do its work. Other problems the votes to pass the bill. I assume we have also fully examined the offsets could be addressed if there were a fair will be through with this process this my colleagues are using to pay for this and open amendment process here on week. Yet, while the Senate debate EUC extension. These are also problem- the floor. Sadly, it doesn’t appear that over unemployment insurance may be atic. we are going to get that either as the coming to an end, I can only conclude The main pay-for in this bill is the Senate Democratic leadership appears that the process failures we are seeing use of what is called pension smooth- poised to once again try to force a in this Chamber will continue as we ing, which is little more than a budget major piece of legislation through the move on to the next item of business, gimmick but an especially pernicious Senate without giving the minority an which is, in my opinion, very unfortu- budget gimmick when repeated. It has opportunity to offer amendments. nate. the potential to do real harm to pen- Before our next vote on this legisla- This week’s debate over EUC is just sion plan funding levels, threatening tion, I think we will see a number of the latest example of what is wrong the future retirement security of amendments filed, many of which with the Senate these days. Sadly, it American workers. would likely improve the bill. Others doesn’t look as if things are going to Since the great recession of 2008, pen- would address the more pressing need get better under the current leader- sion plans have struggled to regain to stimulate the economy and create ship. These are important issues. We their footing financially. The drastic jobs. really need to let the Senate operate drop in interest rates forced many I personally have amendments that the way it always has, and let’s quit plans to dramatically increase their would do both. For example, I have an playing these games of power play. pension contributions to keep pace. In amendment that would repeal the Madam President, I yield the floor. 2012, at the historic low point for inter- ObamaCare tax on medical devices, The PRESIDING OFFICER (Ms. est rates, Congress essentially gave which enjoys bipartisan support in HEITKAMP). The Senator from Kansas. pension plans 4 years of funding relief both the House and the Senate and (The remarks of Mr. ROBERTS per- to get through the worst period of low would prevent further job losses in one taining to the introduction of S. 2191 interest rates. Congress did this by al- of our most important U.S. industries. are printed in today’s RECORD under lowing pensions to fund their plans as I have another amendment that ‘‘Statements on Introduced Bills and if interest rates were higher than they would repeal the ObamaCare employer Joint Resolutions.’’) really were. mandate. I am sure my colleagues on But we can’t indefinitely pretend Madam President, I note the absence the other side of the aisle would deem that interest rates are artificially high of a quorum. this out of bounds, but they shouldn’t. and contribution levels artificially low. The PRESIDING OFFICER. The After all, the Obama administration Reality still matters. The reality is clerk will call the roll. seems pretty intent on delaying the that, although still low by historical The bill clerk proceeded to call the employer mandate; it has already been standards, interest rates are no longer roll. delayed for 2 years. If the mandate is at rock bottom and pension funding Mr. CASEY. Madam President, I ask that harmful to implement, why don’t needs to gradually adjust to market unanimous consent that the order for we do away with it altogether and en- rates just as current law provides. the quorum call be rescinded. Put simply, we should avoid addi- sure that it doesn’t cost us any more The PRESIDING OFFICER. Without tional pension smoothing because it jobs and further requests for unemploy- objection, it is so ordered. permits lower pension funding, and ment benefits? f One amendment I have would help to poor pension funding is bad pension UNEMPLOYMENT INSURANCE policy. Pension funding remains a seri- ensure that the retroactive EUC bene- ous concern, and this is not the time to fits do not threaten program integrity. Mr. CASEY. Madam President, I rise make it easier to underfund pensions. Specifically, it would require States, as today to speak about an issue which Doing so is worse than just kicking a part of their EUC agreements, to cer- should be under the category of ‘‘unfin- can down the road. This can of pension tify that paying retroactive benefits ished business,’’ and is a priority for underfunding will explode on American will not lead to an increase in fraud or the American people, and that is unem- workers in the form of underfunded overpayments. ployment insurance. In this case it is pensions that will somehow have to be These are just some of the amend- emergency unemployment compensa- rescued either through painful cuts in ments I may offer to this bill, and all tion and the trauma so many people benefits, much higher PBGC premiums, of them, in my opinion, would be im- have lived through—not just over or taxpayer-funded bailouts. There is provements. But it doesn’t look as weeks—over the last few months, and no other way around it. though we are going to be able to offer which, of course, was preceded by a The other major offset in this bill is amendments in the greatest delibera- very difficult economy. the extension of customs user fees. tive body in the world—and I am say- The bill that is before the Senate is This is also problematic. Traditionally ing that pretty sarcastically at this bipartisan, and that is good news and speaking, offsets in the trade space are time. I know many of my Republican the way it should be. It is a bipartisan reserved for legislation that actually colleagues have amendments they bill to provide what can only be de- extends trade programs, such as the would like to offer as well. Yet my scribed as an essential lifeline for indi- Generalized System of Preferences or friends on the other side of the aisle viduals who have been out of work. the African Growth and Opportunity don’t want to have a real debate about Millions of people have been out of Act. If we start using these offsets in these issues. Instead, they are content work in the so-called long-term unem- other areas, we won’t have anything to let the majority leader fill the tree ployment category. This lifeline is left over when it comes to extending and block any and all Republican often directly connected to the life and these important programs. amendments from coming up for a daily struggles of middle-class families Both of these offsets—pension vote. One can only wonder what they who rely upon this program to stay smoothing and customs user fees—fall are afraid of. Presumably the majority afloat as they seek work. under the jurisdiction of the Senate Fi- has the votes to defeat any amend- Sometimes I think there is a mis- nance Committee, just like the under- ments the minority wants to offer. conception—or some may want to lying UI extension. Once again, had the Where is the harm in having a real de- make this argument in a deliberate committee been given an opportunity bate? Where is the harm in having an way—that somehow emergency unem- to consider these issues, it is likely open amendment process? I can only ployment compensation is for people that these offsets would not have been conclude they are worried that some of who are out of work but not looking for used. the votes they would have to take work. In fact, these are folks who are

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1895 looking for work day after day and would generate $37.8 billion in eco- She has a Bachelor of Science degree week after week. I would have pre- nomic activity. That is the impact for from Cookstown University and an as- ferred a longer-term agreement rather this year as found by the Economic sociate’s degree from Luzerne County than just the 5 months that are pro- Policy Institute—$37.8 billion. Community College. She has the edu- posed in the agreement. It is very im- This is about all of us. This is not cation you often need to find the job portant that we have finally reached a about a group of people over here we you want, and she has almost 20 years point where we can pass a measure hope to help. That is a wonderful senti- of experience. Now she is left with vol- that will provide protection and sup- ment. This is about whether they are unteering and looking for work. She port for folks as they look for work. going to have an opportunity—just a has attended all of the CareerLink Thursday we had a procedural vote fair shot—to have a chance to get back workshops in Lackawanna County. She which was bipartisan to move the bill into the economy and back into work. spends at least 3 days a week at forward. Thankfully, this week the It is also about the rest of us in an- CareerLink searching for work over Senate will be voting on the bill itself. other way as well. It is about whether and over. We hope the House will follow suit and we are going to make sure everyone These are the people—and not just provide this kind of much-needed boost has an opportunity for that fair shot. tens of thousands or hundreds of thou- for those who are out of work. Of course, it is also about the rest of us sands, but literally millions of others The numbers are staggering. For ex- because we benefit when this program across the country—who are in the ample, when we look at the numbers in continues because of the economic same situation as they are. It is time Pennsylvania, almost 75,000 people im- boost and the $1.52 for the buck you we did the job we were elected to do mediately stopped receiving unemploy- spend on it, as well as the $37.8 billion and put this emergency unemployment ment benefits when the emergency un- of activity. compensation program back into place employment compensation expired on We have heard about the numbers and give people a fair shot—nothing December 28. I can’t even imagine what and the rationale for continuing this else. They are just asking for a fair that was like for an individual or for program, both of which I would argue shot to find work so they can support an individual and his or her family—3 are not just compelling but urgent. But their families, be a part of the econ- days after Christmas, right in the mid- what about the real people. There are omy, a part of this country, and the dle of the holiday season. It is supposed two people in my hometown—one I had world of work they were so much a part to be a time of joy. It is a time when spoken to in the past and the second of for most of their lives. families are spending lots of time to- person was someone I had never met I would like to see all of us come together in ways they cannot often do before. I just want to give an example gether in a bipartisan fashion and get during the year. To have their unem- of these two individuals and their lives this passed and get it to the House. I ployment run out on December 28 had in Scranton, PA, where I live—Lacka- hope our House colleagues are listening wanna County—which has a very high to be horrific for those individuals. not just to my voice but, more impor- Between December 28 and March 15— unemployment rate. tantly, I hope they are listening to the The first person is Joe Walsh. Joe has in addition to the 75,000 I mentioned voices of people who they represent— lived in my hometown all of his life. He for Pennsylvania—over 110,000 Penn- the Veras and Joes of the world. was a tradesman for 40 years, so he had sylvanians lost their benefits. Through I suggest the absence of a quorum. a very specific skill that allowed him May—the bill would go to June 1 and The PRESIDING OFFICER. The to work and support his family. He be retroactive to December 28—it is es- clerk will call the roll. worked as a superintendent for 14 The bill clerk proceeded to call the timated that 158,400 Pennsylvanians years, and in 2008 the company he roll. and almost 2.8 million Americans will worked for needed to downsize, and he Mr. REID. Madam President, I ask have lost their emergency unemploy- lost his position and immediately went unanimous consent that the order for ment compensation. They are the folks on unemployment insurance. He the quorum call be rescinded. who have been hurting and will be worked on and off over the years for The PRESIDING OFFICER. Without hurting unless we take action, and contractors who needed temporary objection, it is so ordered. they are the ones, of course, who will workers, but he was unable to find any- f benefit if we take action. thing steady, which is a story we have Unemployment insurance doesn’t UNANIMOUS CONSENT AGREE- heard too often. MENT—EXECUTIVE CALENDAR just provide an economic relief to that On December 28 of 2013—the day I individual and his or her family. It is mentioned before—Joe exceeded his un- Mr. REID. Madam President, I now also an economic jump-starter. For ex- employment insurance benefits and has ask unanimous consent that today at ample, in 2012, Mark Zandi, a respected not received any support since then, 2:15 p.m. the Senate proceed to execu- economist—I will say for the record he but he continues to look for work and tive session to consider Calendar Nos. has roots in Pennsylvania, but he is re- file his claims. Joe is married and has 532 and 683; that there be 15 minutes for spected across the board—said that for three grown children. He says he feels debate equally divided between the two every dollar of emergency unemploy- ‘‘lucky’’ because his wife works and is leaders or their designees; that upon ment compensation, there is $1.52 in able to keep their household afloat dur- the use or yielding back of that time, new economic activity. It is that old ing a very difficult time. the Senate proceed to vote with no in- ‘‘spend a buck,’’ and what do you get Joe is 63 years old, and for all of tervening action or debate on the for a buck? In the case of emergency those years and all of those decades he nominations in the order listed, with 2 unemployment insurance, you spend a has had a skill and work ethic that al- minutes for debate equally divided in buck and you get a buck fifty-two in lowed him to work. He said that if he the usual form between the votes; that return. I don’t care what market you had a mortgage now, he would not be all after the first vote be 10 minutes in are in. That is a pretty good return— able to survive. He finds it difficult to length; that the motions to reconsider especially when it is helping people so find the kind of work he had before— be considered made and laid upon the substantially. This is about providing tradesman work, which requires a table, with no intervening action or de- that lifeline for those families at a skill. bate; that no further motions be in time when they really need it, and it is The second person we had a press order to the nominations; that any also about the economic benefits for conference with is someone I met in statements related to the nominations the rest of us. A lot of people have our neighborhood—we go to the same be printed in the RECORD; that the heard these numbers as well—analyses church—Vera Radice. Vera has spoken President be immediately notified of that specifically focus on the extension to me before about her circumstances. the Senate’s action and the Senate of benefits in 2014. They have also indi- Over the years she was with several then resume legislative session. cated—by using other data—the impact banking institutions. She was em- The PRESIDING OFFICER. Is there it has on the economy. ployed steadily from February of 1995 objection? I will give an example. The Economic until July of 2014. She was doing good Without objection, it is so ordered. Policy Institute has estimated that ex- work for all of those years for two dif- Mr. REID. Madam President, we also tending unemployment benefits in 2014 ferent banking institutions. hope to reach agreement on another

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1896 CONGRESSIONAL RECORD — SENATE April 1, 2014 nomination, and hopefully we can do vote to proceed to a debate on the bi- Budget, and one of the real experts, that during the break we are going to partisan agreement to restore emer- who has been key to identifying appro- have now. gency unemployment insurance to 2.7 priate pay-fors which are critical. I have nothing further. million Americans. This is great Senator MURKOWSKI and Senator f progress from where we have been the KIRK worked to include an examination last few months, as I have made the of the work suitability and work RECESS case to renew these benefits. search standards across the States so The PRESIDING OFFICER. Under I wish to thank my colleagues for we can be better informed and better the previous order, the Senate stands their support and urge them to con- prepared when we have to deal with in recess until 2:15 p.m. tinue to move this compromise to pas- further reforms to our unemployment Thereupon, the Senate, at 12:46 p.m., sage, as it represents our best path for- compensation system. recessed until 2:15 p.m. and reassem- ward to quickly provide aid to our con- This agreement incorporates many bled when called to order by the Pre- stituents and supporting our economic good ideas of my colleagues. It is im- siding Officer (Ms. BALDWIN). recovery. I hope the voice vote yester- portant we build upon the historic re- The PRESIDING OFFICER. The as- day is indicative of broad support going forms Congress undertook in 2012. I sistant majority leader. forward, and that this agreement will will try to discuss those reforms in not be bogged down by unnecessary more detail later in the week. But as I f roadblocks. said again, most importantly, it will UNANIMOUS CONSENT AGREE- Millions of Americans who have help people who have worked, who have MENT—EXECUTIVE CALENDAR worked hard, who were laid off through lost their jobs through no fault of their no fault of their own, and are searching Mr. DURBIN. Madam President, I ask own, who are desperately searching for for work are looking to us to get this unanimous consent that following dis- work and must search for work in a dif- commonsense extension done and done position of Executive Calendar No. 532, ficult economy. It will help our econ- promptly. I would again like to thank the Senate proceed to vote on con- omy overall. my colleagues who have joined in this firmation of Executive Calendar No. I yield the floor and suggest the ab- effort. They recognize this is the right 687, without intervening action or de- sence of a quorum. thing to do for our workers and it is bate on the nomination, with all other The PRESIDING OFFICER. The the right thing do for our economy. clerk will call the roll. provisions of the previous order re- I would also like to particularly maining in effect. The legislative clerk proceeded to thank my Republican cosponsors who call the roll. The PRESIDING OFFICER. Without have brought constructive thoughts objection, it is so ordered. Mr. PRYOR. Madam President, I ask and ideas to the table, helping bring us unanimous consent that the order for f here to this point. Senator HELLER has the quorum call be rescinded. been a stalwart in extending these EXECUTIVE SESSION The PRESIDING OFFICER. Without emergency benefits. Senator COLLINS, objection, it is so ordered. Senator PORTMAN, Senator MURKOWSKI, Mr. PRYOR. Madam President, I ask NOMINATION OF KEVIN WHITAKER Senator KIRK have all contributed val- unanimous consent to yield back all TO BE AMBASSADOR TO THE RE- uable thoughts, along with Senator time. PUBLIC OF COLOMBIA COATS and Senator AYOTTE. This has The PRESIDING OFFICER. Without been an effort that has truly been bi- objection, it is so ordered. partisan. I think it represents a coming The PRESIDING OFFICER. Under NOMINATION OF CHRISTOPHER P. together of proposals from both sides, the previous order, the question is, Will LU TO BE DEPUTY SECRETARY but ultimately to serve the best inter- the Senate advise and consent to the OF LABOR ests of our constituents who again are nomination of Kevin Whitaker, of Vir- looking for work in a very difficult ginia, to be Ambassador to the Repub- market. lic of Colombia. NOMINATION OF JOHN P. CARLIN We have been working together since Mr. VITTER. Madam President, I ask TO BE AN ASSISTANT ATTORNEY literally last year before these benefits for the yeas and nays. GENERAL expired on December 28. We know how The PRESIDING OFFICER. Is there a important it is to provide this assist- sufficient second? The PRESIDING OFFICER. Under ance to families throughout this Na- the previous order, the Senate will pro- There is a sufficient second. tion. We also understand that we have The clerk will call the roll. ceed to executive session to consider to go ahead and not only provide sup- the following nominations, which the The legislative clerk called the roll. port for the families but also to sup- Mr. CORNYN. The following Senator clerk will report. port the local economy. This will do it. The legislative clerk read the nomi- is necessarily absent: the Senator from It will provide resources that will im- Wyoming (Mr. ENZI). nations of Kevin Whitaker, of Virginia, mediately go back into the economy to be Ambassador to the Republic of Further, if present and voting, the and stimulate demand and stimulate Senator from Wyoming (Mr. ENZI) Colombia; Christopher P. Lu, of Vir- growth. ginia, to be Deputy Secretary of Labor; would have voted ‘‘yea.’’ I want to also thank my colleagues The PRESIDING OFFICER. Are there John P. Carlin, of New York, to be an for the way they have thoughtfully ap- Assistant Attorney General. any other Senators in the Chamber de- proached some of the issues. Senator siring to vote? The PRESIDING OFFICER. Under COLLINS has helped build upon this im- the previous order, there will be 15 The result was announced—yeas 99, portant reform to provide a mechanism nays 0, as follows: minutes of debate equally divided be- which we hope will get people back to [Rollcall Vote No. 94 Ex.] tween the two leaders or their des- work sooner. We have incorporated an- ignees prior to a vote on the Whitaker other assessment in the process. It is YEAS—99 nomination. fully paid for. People will get, in the Alexander Cardin Durbin The PRESIDING OFFICER. The Sen- Ayotte Carper Feinstein course of their extended benefits, the Baldwin Casey Fischer ator from Rhode Island. opportunity and also the obligation to Barrasso Chambliss Flake Mr. REED. Madam President, I ask come back in, be assessed, be given ad- Begich Coats Franken unanimous consent to speak as in leg- vice, be given some coaching. We Bennet Coburn Gillibrand islative session. Blumenthal Cochran Graham think, and some data suggest, this is Blunt Collins Grassley The PRESIDING OFFICER. Without one of the most effective ways to get Booker Coons Hagan objection, it is so ordered. people back into a job in a difficult Boozman Corker Harkin Boxer Cornyn Hatch UNEMPLOYMENT INSURANCE market. Brown Crapo Heinrich Mr. REED. Madam President, yester- Senator PORTMAN is a former Direc- Burr Cruz Heitkamp day my colleagues agreed by a voice tor of the Office of Management and Cantwell Donnelly Heller

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1897 Hirono McConnell Schatz Schumer Tester Walsh Mr. KAINE. Mr. President, I rise to Hoeven Menendez Schumer Scott Thune Warner Inhofe Merkley Scott Sessions Toomey Warren talk about a whole series of issues—in- Isakson Mikulski Sessions Shaheen Udall (CO) Whitehouse cluding unemployment insurance and Johanns Moran Shaheen Shelby Udall (NM) Wicker the minimum wage—that are designed Johnson (SD) Murkowski Shelby Stabenow Vitter Wyden to help Americans attain economic mo- Johnson (WI) Murphy Stabenow Kaine Murray Tester NAYS—1 bility and get a fair shot to move up in King Nelson Thune Heller the way our economy is designed to Kirk Paul Toomey The nomination was confirmed. work. Klobuchar Portman Udall (CO) This morning the Budget Committee Landrieu Pryor Udall (NM) VOTE ON LU NOMINATION had a hearing entitled ‘‘Opportunity, Leahy Reed Vitter The PRESIDING OFFICER (Mr. Lee Reid Walsh Mobility, and Inequality in Today’s Levin Risch Warner MANCHIN). Under the previous order, Economy.’’ We heard from three very Manchin Roberts Warren there will be 2 minutes of debate equal- strong witnesses, including Nobel lau- Markey Rockefeller Whitehouse ly divided in the usual form prior to a McCain Rubio Wicker reate Joseph Stiglitz. We talked about McCaskill Sanders Wyden vote on the Lu nomination. important topics central to under- Mr. KAINE. Mr. President, I ask that NOT VOTING—1 standing the long-held American all time be yielded back. dream: If you work hard and play by Enzi The PRESIDING OFFICER. Without the rules, you should be able to support objection, it is so ordered. The nomination was confirmed. your family, provide an opportunity for All time is yielded back. VOTE ON CARLIN NOMINATION your kids, and have a fair retirement. The question is, Will the Senate ad- The PRESIDING OFFICER. Under But for too many—as the Presiding Of- vise and consent to the nomination of the previous order, there will be 2 min- ficer knows—opportunity and mobility Christopher P. Lu, of Virginia, to be utes of debate equally divided in the are especially hard to find and income Deputy Secretary of Labor? usual form prior to a vote on the Carlin The nomination was confirmed. inequality is growing. nomination. I am an optimist. I know the solu- The PRESIDING OFFICER. Under Who yields time? tions are here if we work to find them, the previous order, the motions to re- The majority leader. and I want to take a couple of minutes consider are considered made and laid Mr. REID. Madam President, we hope to talk about some of the solutions. upon the table. this is the last vote of the day—at least The President will be immediately First, let’s try to put a human face on the next vote we hope will be by voice. notified of the Senate’s action. the problem of inequality in our econ- There could be other votes procedural omy. in nature this afternoon. We hope not, f Income inequality in the United but you never know. I am not going to LEGISLATIVE SESSION States is at a record level. It is higher agree to anything. The PRESIDING OFFICER. The Sen- in the United States than virtually any I yield back our time. ate will resume legislative session. other developed country. President Obama has called income equality the The PRESIDING OFFICER. Is there f objection? central challenge of our times. The Without objection, all time for de- CONCLUSION OF MORNING Presiding Officer and I share a Roman bate has expired. BUSINESS Catholic background. Last week the The question is, Will the Senate ad- The PRESIDING OFFICER. Morning President was talking to Pope Francis vise and consent to the nomination of business is closed. in the Vatican, and they talked about John P. Carlin, of New York, to be an f how this is not just an American chal- Assistant Attorney General? lenge but a global challenge. Mr. PORTMAN. I ask for the yeas PROTECTING VOLUNTEER FIRE- According to the CBO, the average and nays. FIGHTERS AND EMERGENCY RE- income of a household in the richest 1 The PRESIDING OFFICER. Is there a SPONDERS ACT OF 2014 percent in this country was nearly 180 sufficient second? There appears to be The PRESIDING OFFICER. Under percent higher in 2010 than it was in a sufficient second. There is a suffi- the previous order, the Senate will re- 1979 in real dollars. By comparison, the cient second. The clerk will call the sume consideration of H.R. 3979, which average income for a household in the roll. the clerk will report. middle 20 percent of the income dis- The assistant legislative clerk called The legislative clerk read as follows: tribution had only grown by about 25 the roll. A bill (H.R. 3979) to amend the Internal percent—about one in seven—of what The result was announced—yeas 99, Revenue Code of 1986 to ensure that emer- the households in the highest income nays 1, as follows: gency services volunteers are not taken into levels had grown. account as employees under the shared re- Since 1979, the top 1 percent of our [Rollcall Vote No. 95 Ex.] sponsibility requirements contained in the population’s share of national income YEAS—99 Patient Protection and Affordable Care Act. grew from 8.9 percent to 14.9 percent. Alexander Donnelly Leahy Pending: So 1 percent has 15 percent of the na- Ayotte Durbin Lee Baldwin Enzi Levin Reid (for Reed) amendment No. 2874, of a tional income by 2010, but at the same Barrasso Feinstein Manchin perfecting nature. time the bottom 80 percent of our Begich Fischer Markey Reid amendment No. 2875 (to amendment American population saw their share of Bennet Flake McCain No. 2874), to change the enactment date. Blumenthal Franken McCaskill national income significantly shrink. Reid amendment No. 2876 (to amendment For me the issue is not just inequal- Blunt Gillibrand McConnell No. 2875), of a perfecting nature. Booker Graham Menendez Reid amendment No. 2877 (to the language ity because there will always be some Boozman Grassley Merkley inequality. Fate, luck, and health will Boxer Hagan Mikulski proposed to be stricken by amendment No. Brown Harkin Moran 2874), to change the enactment date. produce some unequal outcomes. But Burr Hatch Murkowski Reid amendment No. 2878 (to amendment what I think is great about this coun- Cantwell Heinrich Murphy No. 2877), of a perfecting nature. try is that while we can see inequality Cardin Heitkamp Murray Reid motion to commit the bill to the and tolerate some degree of it, what we Carper Hirono Nelson Committee on Finance, with instructions, will not tolerate is people being locked Casey Hoeven Paul Reid amendment No. 2879, to change the en- Chambliss Inhofe Portman actment date. into unequal situations. Coats Isakson Pryor We want to have a society where peo- Coburn Johanns Reed Reid amendment No. 2880 (to (the instruc- Cochran Johnson (SD) Reid tions) amendment No. 2879), of a perfecting ple may be born poor or may have an Collins Johnson (WI) Risch nature. accident or a fate that will have them Coons Kaine Roberts Reid amendment No. 2881 (to amendment in a lower economic status but they Corker King Rockefeller No. 2880), of a perfecting nature. can still raise their ceiling and achieve Cornyn Kirk Rubio Crapo Klobuchar Sanders The PRESIDING OFFICER. The Sen- all they can. But in the case of social Cruz Landrieu Schatz ator from Virginia. mobility, the United States is now one

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1898 CONGRESSIONAL RECORD — SENATE April 1, 2014 of the poorest performing of the devel- $21,000, lifting families above the pov- paid more, they would buy more, it oped countries. erty line. In total—get this—the bill we would help his company, and it would Today a child born into the bottom will hopefully debate and vote on soon help America. The Senate can take ac- quintile in the American economic life is estimated to lift nearly 7 million tion in this way, and the Senate can only has a 7.5-percent chance of ever Americans out of poverty and above take action in other ways to give peo- being in the top quintile. In a country the poverty level. What could we do, as ple a fair shot to move on up in Amer- such as Denmark in Europe—and we we debate, that would have more effect ican society. think of Europe as a more stratified soon people’s lives than lifting 7 million In fact, we have already acted on a ciety—that number is nearly double people above the poverty level, which couple of bills I hope the House will what the number is in the United we would do if we pass the bill. pick up. We acted on immigration re- States. Increasing the minimum wage to form, which strengthens border secu- It is not just inequality, it is mobil- $10.10 an hour will increase GDP by rity, creates a pathway to legal status ity. We are not giving people a fair nearly $22 billion as workers spend and citizenship for millions of undocu- shot, to use the words of the great their raises in local businesses and mented immigrants, and helps busi- American singer Curtis Mayfield, ‘‘to communities. In Virginia about 744,000 nesses and families. This eliminates a move on up’’ to their destination and of my fellow citizens will receive a barrier that keeps people from moving that place where their dreams can take raise. For this reason, business owners up, and the CBO estimates it will sig- them if they work hard enough. whom I talk to—not all but a huge nificantly improve the American econ- What we need to do is embrace strat- number and especially small business omy. Immigration reform is about a egies that let people move on up and owners—know that the minimum wage fair shot. Immigration reform is about have a fair shot to achieve. We don’t increase makes good business sense. moving up. only need to embrace strategies for Yesterday I visited a supermarket We also acted on ENDA, legislation success, we have to eliminate struc- just across the Potomac in Alexandria. to end discrimination in the workplace tures and eliminate barriers that lock It is called MOM’s Organic Market. against folks based on sexual orienta- people out of economic opportunities They have 11 locations in the DC met- tion. A person can’t move on up and that they should be able to achieve ropolitan area and Philadelphia. They achieve their economic dreams if folks similar to anyone else. can fire someone at will if they don’t One solution is the minimum wage are contemplating opening another like the kind of person someone is or bill that we will start to talk about store in New York City. I met with the who they love. So ENDA, which awaits soon. It is about working Americans owner Scott Nash, and I talked to his action in the House, is also a bill about who are earning minimum wage or just employees. I asked the employees: How making sure people have a fair shot above minimum wage and how this will long have you worked here? The an- and can move on up. affect them. swer I got back was 7 years, 8 years, 10 I think I can safely say the vast ma- years. They made it their practice to We can act this week. We are now on jority of Virginians would agree with pay their employees a $10 minimum the bill to provide unemployment in- this proposition: No one who works full wage now, and they are going to insurance to those who are still strug- time—8 hours a day, 40 hours a week, 52 crease it. They fully support the bill gling in the economy. Soon we will weeks a year—should live in poverty. currently pending before the Senate to consider paycheck fairness for women. But today someone making the min- increase the minimum wage. A person can’t achieve all they can if imum wage earns about $15,000 a year, Scott Nash is not alone. We are cele- they are going to be paid significantly which is $3,000 below the poverty level brating a very important centennial less than their colleagues just because for a family of three. If you are a single this year. It is a centennial of one of of gender. mom with a couple of kids—and so the smartest things an American em- In coming weeks we will also con- many people are raising children on ployer ever did. I will read a quote. sider jobs skills and education legisla- their own—and work full time at the After the success of the moving as- tion, which are real keys to economic minimum wage, you are below the pov- sembly line, Henry Ford had another opportunity for so many. erty level. transformative idea. In January of What we need to do is pretty simple. The minimum wage today is at a his- 1914, he startled the world by announc- What the Presiding Officer did and toric low. The minimum wage has lost ing that the Ford Motor Company what so many others in this Chamber 33 percent of its buying power since its would pay $5 a day to its workers. The did when we were Governors was to try peak in 1968. If the minimum wage in pay increase would be accompanied to give individuals the tools to create 1968 had just kept pace with inflation, with a shorter workday—from 9 to 8 their own opportunity, to create their it would be $10.71 per hour today and hours. While this rate did not auto- own mobility, as well as to take the not in the $7 range. matically apply to every worker, it steps we could when there were bar- Workers who regularly receive tips more than doubled the average auto- riers or structures in the way to move are treated even worse. They get paid a worker’s wage. While Henry’s primary those out of the way so people had a subminimum wage—what is called a objective was to reduce worker attri- fair shot to succeed. tipped minimum wage—of $2.13 an tion, newspapers from all over the With that, I thank the Chair, and I hour. As long as you make $30 in tips a world reported the story as an extraor- yield the floor. The PRESIDING OFFICER. The Sen- month, your company can pay you $2.13 dinary gesture of good will. ator from Texas. an hour. Overwhelmingly these work- Here is the important part: NATIONAL SEXUAL ASSAULT AWARENESS MONTH ers work in restaurants but not exclu- Henry Ford had reasoned that since it was sively, and similar to other minimum now possible to build inexpensive cars in vol- Mr. CORNYN. Mr. President, today wage workers they are predominately ume, more of them could be sold if employ- marks the beginning of National Sex- women. ees could afford to buy them. The $5 day ual Assault Awareness Month. It comes Twenty-eight million Americans will helped better the lot of all American workers at a time when Congress is about ready receive an increase in pay if we raise and contributed to the emergence of the to take up reauthorization of the Jus- the minimum wage under the bill that American middle class. In the process, Henry tice For All Act—a law that has im- is currently before the Senate. It has Ford had changed manufacturing forever. proved public safety, strengthened vic- been reported out of the HELP Com- This quote is not from some Demo- tims’ rights, and delivered justice all mittee, and we will take it up soon. cratic talking point. This quote is from across this country. I am proud to be More than half of those who will re- the Web site of the Ford Motor Com- the lead Republican sponsor of this ceive a raise are women. The vast ma- pany—a press release they issued in bill, and I am even prouder of what it jority are adult workers. Over 14 mil- January to commemorate the 100th an- has accomplished and what it will con- lion American children have a parent niversary of Henry Ford’s novel deci- tinue to accomplish. who will receive a raise if we increase sion. Thanks to the Justice For All Act the minimum wage. There was an employer who knew the and similar initiatives, law enforce- The Minimum Wage Fairness Act American economy was based on con- ment agencies across America now will boost the minimum wage to about sumer demand and if workers could be have greater resources to reduce the

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1899 rape kit backlog. I might just explain. old rape kits as well as dedicate a por- how expecting a different result. If that A rape kit is, as it sounds, a forensic tion of that money to inventory—evi- is the definition of insanity, then collection of evidence collected at the dence that had been sitting on police maintaining the current policies of scene of a sexual assault. Much to our evidence locker shelves or had been spending, tax, and debt are the defini- chagrin, we have learned over time sent to laboratories but had not yet tion of insanity. that many of these rape kits—this fo- been tested. This law, passed in 2013, There has to be a better way, and rensic evidence—is not forwarded to a has already played a crucial role in there is, if only the majority leader lab for testing and, thus, the DNA of making Federal support available for would allow the Senate to do what it is the assailant is not identified. So we tackling the rape kit backlog. supposed to do. This body used to once realized that local jurisdictions needed I was proud to introduce that legisla- be known as the world’s greatest delib- more resources and more guidance and tion and I am proud to sponsor reau- erative body, where we had the great more expertise when it came to testing thorization of the Justice For All Act. debates on the issues of the time, and these untested rape kits because of the As I said a moment ago, I am enor- then we had a vote, and we all accepted incredible evidence it provides, both to mously gratified and proud of what the majority vote in those instances. acquit people who have been falsely ac- these laws have helped us accomplish. But now, the new tactic by the major- cused of crimes, as well as to identify, Upholding victims’ rights and keeping ity leader seems to be to bring a bill to indict, and convict serial sexual assail- dangerous predators off the street are the floor without going through a com- ants. two of the most solemn obligations the mittee where members of that legisla- This is sort of unique in many ways government has, and we should never tive committee are allowed to offer because people who commit rape don’t forget it. amendments and to get votes on those With hundreds of thousands of rape just do it one time. Many times they amendments to help shape the com- kits still untested, we have a long way will do it time and time again until mittee product. We don’t even do that to go; there is no question about it. It they are caught. Worse yet, this is a anymore, and we didn’t do that on this is encouraging to see the progress that crime of opportunity. Many times it in- underlying unemployment insurance has been made. Hopefully, this will en- volves children as well, as we know. So extension bill we will be voting on this courage us to take even further steps now we know that thanks to the Jus- week. to make sure these untested rape kits tice For All Act and similar initiatives So Members of the Republican Con- which have allowed these rape kits to are tested and the people who are innocent are vindicated from any charges. ference—the Republican Members of be taken off the evidence locker shelf the Senate—have offered 45 amend- and tested, that what has been a na- But the people who commit serial sexual assault, both against other adults ments, all of which are designed to im- tional scandal, which has allowed vio- prove the underlying piece of legisla- lent criminals to remain on the streets, and minors, should be and will be brought to justice. tion and not just kick the can down is now being addressed more and more. the road. I would think the majority THE ECONOMY I am not here to suggest that every- leader and the President of the United Shifting gears to the economy, I wish thing that can be done has been done, States would welcome our efforts to to repeat a call I made yesterday and but it is important for us to make sure try to improve the underlying legisla- once again urge the majority leader in these rape kits are tested and to get tion—but apparently not. these serial sexual assailants off the the context of the legislation we are streets and brought before a court of currently considering to allow Repub- For example, can’t we do a better law and justice. lican ideas for economic growth and job, let’s say, of directing Federal dol- Even a relatively small reduction in job creation to come to the floor for a lars for workforce training efforts in the backlog can lead to major gains in vote. places such as West Virginia and Texas public safety and peace of mind. In the I realize President Obama has stub- so that for the good jobs that do exist, city of Detroit, for example, the proc- bornly chosen to stick with the same we could match the skills of these peo- essing of 1,600 old sexual assault kits, policies that have given us the weakest ple who have been unemployed for a including some from the 1980s, allowed economic recovery following a reces- long time to those good jobs that pay authorities to identify 100 different se- sion since World War II. It is also the very well and do exist in abundance. So rial rapists, ten of whom were con- highest—the longest period of high un- we have 45 different suggestions and victed rapists already. So this is power- employment since the Great Depres- ideas we would like to offer in the spir- ful evidence. Incredibly, police some- sion. Indeed, after promoting the same it of cooperation and trying to do our times keep this forensic evidence for 20 fiscal and economic strategy for the jobs as Members of the Senate. How- or 30 years, and it is still susceptible to last 5 years—a strategy that involves ever, so far, the majority leader has being tested, and for the rapist to be higher taxes, more Federal spending, steadfastly and, I might add, stub- identified and to be taken out of cir- and more debt—the President and his bornly, pushed for another extension of culation. allies seem to see no reason to change unemployment insurance without any- In the city of Houston, meanwhile, a course. His proposed budget for 2015, thing else attached that would actually backlog that once reached 6,600 untest- for example, would increase Federal improve workforce training and pro- ed rape kits is now in the process of spending by $791 billion. It would also grams that would upgrade stale skills being completely eliminated—thanks, increase taxes by $1.8 trillion over 10 for people who have been unemployed in large part, to the support provided years, and increase our national debt for a long period of time so they can by this legislation. by $8.3 trillion. That is on top of the $17 qualify to do the good-paying jobs that I wish to take a second to highlight trillion already—about $56,000 for every exist. the SAFER Act, which was included in man, woman, and child in America. One of the favorite parlor games here the Violence Against Women Act and For those keeping score, the Presi- in Washington, DC, is to spin various which passed just this last year, and dent has already raised taxes by $1.7 narratives to explain what is hap- the fact that it funded a provision of trillion during his presidency and in- pening in Washington. Sometimes I the Justice For All Act known as the creased our national debt by four times have heard the majority leader and Debbie Smith Act. I have had the that much. In other words, if more others say the Republican Party is the pleasure of meeting Debbie Smith for taxes and more spending were the path party of no. Well, that is a false nar- whom this legislation was named, and to prosperity for this great Nation, rative. We have 45 different amend- she has become a tireless advocate for America would be booming, unemploy- ments that would improve this under- the sorts of reforms and improved fund- ment would be at zero, and our econ- lying legislation. We have been shut ing that are contained in the SAFER omy would be chugging along, creating out and, more importantly, the 26 mil- Act and in the Justice For All reau- new jobs right and left. Instead, the lion people I represent in the State of thorization. evidence is in. We are experiencing Texas have been shut out of this debate The SAFER Act mandated that more stagnation and mass unemployment. It and this discussion and this effort to of the money the Federal Government is said that insanity is defined as doing come forward with a better product. granted must be used to actually test the same thing over and over but some- Isn’t that what we are here for?

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1900 CONGRESSIONAL RECORD — SENATE April 1, 2014 I mentioned some of these ideas that until—until—the Agency could tell us just as 2013 was ending. He was shot have been proposed yesterday. For ex- exactly what the impact of those regu- while walking to a friend’s house in ample, I mentioned a bill, sponsored in lations would be on jobs and the econ- New Haven. He was 18 years old. different forms, by the senior Senator omy. In the aftermath of that tragedy, I from Maine and the junior Senator So most of the ideas I have listed have spoken with Javier’s family and from South Carolina that would relieve have been submitted as one of these 45 his friends about his life and legacy. As the burden of ObamaCare, which has amendments to the underlying unem- I said on the Senate floor a few months been complained about mightily by or- ployment insurance bill. Yet the ma- ago, Javier was a kind and intelligent ganized labor and others, that has com- jority leader, who is the traffic cop on young man, well on his way to becom- pelled—or induced, I should say—em- the Senate floor—the rules of the Sen- ing a leader in his community. He ployers to take 40-hour workweeks and ate give him complete, 100-percent dis- cared a lot about the environment. He shrink them to 30 hours or less in order cretion to decide which amendments worked with the Nature Conservancy to avoid ObamaCare penalties. So this are going to get a vote and which will and the New Haven Urban Resources amendment would relieve that burden not—the majority leader seems deter- Initiative to plant trees and protect en- on workers and businesses by restoring mined to prevent any votes on any of dangered species. His classmates at the the traditional 40-hour work week. these ideas. Common Ground High School in New Why wouldn’t that be a subject worthy If we are truly serious about job cre- Haven would like to plant a tree at the of debate and a vote in the Senate? ation and if we are truly serious about site of his death and dedicate a garden I mentioned a separate bill intro- doing everything possible to get Amer- in his honor because of his interest in duced by the junior Senator from ica back to work—because of the dig- the outdoors and the natural resources South Carolina that would modernize nity work provides and the means it that enhance the beauty of our world, workforce training and eliminate du- provides people to provide for their which he loved so much. own families and to pursue their plicative governmental programs. Yesterday morning I visited some of dreams—why on Earth would we deny There are more than 40 different gov- Javier’s classmates at the Common Members a chance to vote on these job- ernment programs that purport to Ground High School in New Haven. I creating pieces of legislation? Well, un- train people to improve their job skills spoke to a group of young people who fortunately, I think we got a little bit all across the country. were serious about ending gun violence of a peek into the majority leader’s I have had the chance to visit some because it is such a serious cause of playbook last week when he and others of those locations in Texas, and they heartbreak, grief, loss, and sacrifice— had a press conference upstairs and do a very good job. But rather than not just in New Haven, not just in talked about this agenda they had for have 40-plus different programs, why Sandy Hook, but throughout our coun- the time from the present through the don’t we have 1 or 2 and use the extra try in big and small towns, rural and election. And they were pretty candid money from all that duplication in urban neighborhoods, people from all about it. This is an agenda they order to put more money into these backgrounds and different walks of dreamed up in conjunction with the programs so they can train more peo- life. I spoke to the Common Ground AP Democratic Senatorial Campaign Com- ple and get them back to work faster? U.S. Government class, where the stu- mittee. The majority leader said as That is another of the amendments dents and their teacher, Brian Kelahan, much in his announcement. In other that have been shut out of this process were kind enough to welcome me and words, this is a political plan by the so far. share with me some of their views on I also mention legislation sponsored political arm of the Democratic Sen- gun violence and the justice system in by the senior Senator from Utah and ators’ campaign committee. So this is this country. I told them what I firmly the junior Senator from Kentucky re- not about finding solutions or else the believe: that I have a duty to listen to spectively that would eliminate majority leader would welcome these them and to all people who live in Con- ObamaCare’s job-killing tax on medical suggestions we have offered. necticut because they have a unique in- innovation—something that I believe, I would say to the majority leader, sight and a depth of understanding and if allowed to come for a vote, would re- do not allow votes on these amend- perspective that should be shared here ceive an overwhelming majority vote ments simply to placate me and others in Washington, DC, in this body and on a bipartisan basis in the Senate. of my political party. Do not do it for Also, the junior Senator from Ken- us. Do it for the 3.8 million people who around the country. tucky has a piece of legislation that have been unemployed for more than 6 It is my job to bring that perspective, would make it easier for Congress to months. Do it for them. Do it for the those insights back to Washington. So block major regulations that cannot untold numbers of people who have I want to begin by showing my col- pass a simple cost-benefit analysis. simply given up looking for work. Our leagues a picture of those Common Meanwhile, the junior Senator from labor participation rate—the percent- Ground students who were Javier’s Wyoming and the senior Senator from age of Americans actually in the work- classmates. This photograph was taken North Dakota, whom I see on the floor, force—is at a 40-year low. So it is not at the top of East Rock. Unfortunately, have a bill that would expedite the ap- only the tragedy of the unemployment it is somewhat indistinct as to who is proval of natural gas exports to our numbers that we see reported, it is peo- pictured here. But it is overlooking a NATO partners in Europe and to ple who are not reflected in those un- scene that Javier knew well with peo- Ukraine and help relieve that strangle- employment numbers because those ple who were his friends. They are dedi- hold Vladimir Putin and Russia have statistics do not count people who have cated to ending gun violence in this on Europe because they control most of given up. And that is what the low country because they know firsthand their energy supply. It would also ap- labor participation rate indicates. the toll it takes. They have been no prove the Keystone XL Pipeline, there- These are the people who need our stranger to gun violence in their neigh- by creating thousands of well-paying help, and they are the ones who deserve borhoods. Many of them have to travel American jobs and would transport a vote on these constructive sugges- long distances to come to this school— North Dakota oil and Canadian oil all tions to the underlying piece of legisla- the Common Ground High School in the way down to Texas, where it would tion. I hope the majority leader will re- New Haven—from neighborhoods that be refined into gasoline and jet fuel and consider. are afflicted with gun violence, and create thousands of jobs in the process. I yield the floor. they suffer the traumatic, emotional, In addition, another amendment that The PRESIDING OFFICER. The Sen- sometimes physical threats that come has been offered on this underlying leg- ator from Connecticut. with that exposure to violence. islation that would help the economy GUN VIOLENCE Connecticut also has been no strang- grow and help get people back to work Mr. BLUMENTHAL. Mr. President, er to gun violence over the last year and rein in excessive Federal regula- in January of this year, I came to the and a half, and I have come to the floor tion that is killing jobs—the senior floor to talk about and honor one of many times with my colleague Senator Senator from Oklahoma has a bill that my constituents, Javier Martinez, who MURPHY to commemorate the coura- would stop new EPA regulations was killed on December 28 of last year, geous and strong people of New Town

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1901 and in particular the families who suf- tem, resulting in severely dispropor- I yield the floor. fered the loss of 20 beautiful children tionate rates of incarceration for The PRESIDING OFFICER. The Sen- and 6 great educators. young men and women of color. They ator from North Dakota. What the students who met with me spoke about the overlapping cultures of Mr. HOEVEN. Mr. President, I rise to yesterday morning wanted me to hear law enforcement and school discipline offer an amendment to the unemploy- bears telling and repeating here. They and about the need to reduce prison ment insurance legislation we are cur- were speaking truth to power. What populations and bring about much rently considering. While we all want they wanted all of my colleagues to needed reform in the way sentences are to help those who are unemployed, the hear and what I strongly believe is that calculated, not only as a matter of fair- real solution is to get them a job, is to as tragic as the mass slayings are in ness but also to reduce the cost in our create a growing economy and more this country, no less tragic, no less society of incarceration. jobs. We need to get this economy horrific, no less important is the shoot- These young people are thinking going. One way we can do it is by em- ing of one innocent 18-year-old young about where our society should be powering our energy sector. man like Javier while walking to a going. What is our plan and our strat- That does not mean spending more friend’s house. It may not make the na- egy for making our neighborhoods and government money. What it means is tional news. It rarely does anymore be- communities better places and safer taking the shackles off billions in pri- cause we have come to regard gun vio- places to live? vate investment that is ready to go lence, in a way, like the background I made a commitment to those stu- into energy development in this coun- noise of our society. It may not feature dents pictured here in this picture that try. In 2011, the U.S. Chamber of Com- I would come back again. And I will. I prominently in the headlines. Indi- merce commissioned a study. The made a commitment that I would tell vidual gun violence is a plague, still, study took a look at the energy their story, which is really Javier’s that affects all of us as it affects any projects that are stalled in this coun- story—a story of hope and promise, one of us. We cannot let these shoot- try due to government bureaucracy dreams and aspirations, cut short by and redtape. ings continue in our urban commu- gun violence because he was in the That study found there are more nities. Many of them are committed wrong place at the wrong time and than 350 energy projects, projects that with handguns. Many are the result of murdered. illegal gun trafficking and straw pur- That investigation may be ongoing, will both produce renewable energy as chases. Far too many are ignored by but we already know the answer to the well as projects that will produce tradi- the news media—simply disregarded fundamental question: Can we do some- tional energy that are stalled at a cost background noise. thing to reduce gun violence? The an- of $1.1 trillion to the American econ- Gun violence affects all of us wher- swer is yes, in his name, in the name of omy, at a cost of almost 2 million jobs ever we live in Connecticut and the 30,000 people who have perished along for the American people. country. If anything positive is to with him from gun violence, needless I want to take a minute to read from come of these tragedies in New Town and senseless deaths that are all our that report: and New Haven—and in the 30,000 other responsibility. In aggregate, planning and construction of deaths that have happened since New I respect the Second Amendment, as the subject projects would generate $577 bil- Town—as a result of gun violence, it I know the Presiding Officer does. I re- lion in direct investments, calculated in cur- should be the uniting and bringing to- spect the right of people under the Con- rent dollars. The indirect and induced effect, gether of all who have been touched by stitution and the Second Amendment where we apply the multiplier, would generate an approximate $1.1 trillion increase in gun violence, which is all of us. That to own and possess firearms and use U.S. Gross Domestic Product, GDP, includ- goal is one that will drive me, and I am them for hunting, for recreation, tar- ing $352 billion in employment earnings sure others here, to seek an end to gun get practice. I will continue to honor based on present discounted value over an violence with commonsense, sensible the memory of Javier Martinez and the average construction period of 7 years. measures, such as the ones we consid- lives and aspirations and homes of the Furthermore, we estimate that as many as ered—background checks, mental students at Common Ground, and work 1.9 million jobs would be required during health initiatives, school safety. not only to build that garden but to each year of construction. The Presiding Officer helped to craft make the neighborhood around it safer Two million jobs. Many of these a very sensible and commonsense ap- and the community around it a more projects are still blocked by govern- proach to background checks. We pro- nurturing and better place to live. ment redtape and the permitting proc- hibit felons, criminals, mentally de- I have made no secret of the fact that ess. That is why I have introduced a ranged people, and addicts from having I believe this body has a responsibility States First All-of-the Above Energy these firearms, but we have no uni- to act, and its failure to do so is Plan for our country to get these versal background check system to shameful and disgraceful. The students projects going. If you think about it, it make sure they do not purchase them. of Common Ground agree. If their aspi- just makes sense. The States, after all, How effective can enforcement be if rations include organizing to make are the laboratories of democracy. there is no real way of checking who is more people aware of the need for this Let’s make them the laboratories of buying these firearms? action, I commend them. In fact, I urge energy for our country. A young woman who is a senior at them to participate in this effort. The right energy plan is about much Common Ground, in fact, asked me I wish to close with the words from a more than just energy. It means eco- what laws can be effective when people card they sent me with this photo- nomic growth, it means national secu- are willing to break them, buy firearms graph. The card read: rity, and it means jobs—jobs for those even though they are prohibited from Senator Blumenthal, we are so grateful for who are currently unemployed and jobs doing so. That is an important ques- your help in remembering Javier Martinez, at a good wage. Today I am offering tion. The answer is that no law is per- supporting our Common Ground community amendments to the unemployment in- and taking action to stop gun violence. It fect, none can be absolutely perfectly means so much to have you by our side as we surance legislation that will do all of enforced, but regulations and restric- recover and make meaning in this incredibly those things. tions on dangerous people having fire- difficult time. Know that we will stay with The first one I wish to talk about for arms can reduce the level of gun vio- you in the struggle to build a safe and peace- a minute is the Energy Security Act. I lence in our society, reduce the number ful community. am pleased to join with the senior Sen- of criminals buying weapons. Back- I know it sounds more like rhetoric ator from Wyoming Mr. BARRASSO and ground checks especially have been than reality. But I will tell my col- also our ranking member on the En- shown—there is empirical evidence—to leagues in the Senate that as long as ergy Committee, Senator LISA MUR- reduce the number of guns that get the young people of Common Ground KOWSKI from Alaska, as well as other into the wrong hands. and others like them are at our side, cosponsors on the legislation, Senator Students and teachers asked me we will prevail in commonsense meas- JOHN CORNYN of Texas, obviously a big about the way our country deals with ures to reduce gun violence, and we energy-producing State, Senator JAMES criminal justice. Systematic dispari- will prevail in the fight to make Amer- INHOFE of Oklahoma, and Senator ties continue to plague our justice sys- ica a better, safer place to live. DAVID VITTER of Louisiana.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1902 CONGRESSIONAL RECORD — SENATE April 1, 2014 What the Energy Security Act does, rity working with our allies to stand as an amendment to this unemploy- quite simply, is first it approves the up against the kind of aggression we ment insurance bill—again, legislation Keystone XL project. This is a more see from Russia and from President that will create jobs and help people than $5 billion pipeline that has been in Putin right now. get back to work. the permitting process now for more In terms of jobs, the Obama adminis- The second one I want to mention is than 5 years. We are now in the sixth tration’s State Department, their own the Empower States Act. The Empower year of the permitting process trying State Department, has estimated the States Act gives primary regulatory to get a permit from the administra- Keystone XL Pipeline during the con- responsibility to the States when it tion. We have thousands of pipelines all struction phase will create more than comes to regulating hydraulic frac- across this country, millions of miles 40,000 jobs. That is just that one turing. The reality is, a Federal one- of pipeline, and here is a project that project, more than 40,000 jobs. If you size-fits-all approach does not work for for 6 years the administration has held look at some of the studies, very con- hydraulic fracturing, because the way in limbo. servative studies on job creation that hydraulic fracturing is done across this The latest greatest technology moves will occur by approving these LNG ap- country is different in different States. Canadian oil, our closest ally, Canada, plications, the National Economic Re- The way they hydraulically fracture in moves oil from Canada as well as oil search Associates identifies more than States, for example, in West Virginia, from my State, North Dakota, and 45,000 jobs that would be created by ex- where they are going after natural gas Montana to refineries across the pediting approval of those permits. is very different than the way they do United States. We import 50 percent of Let me give you two examples so you it in North Dakota where we are going our oil. Do Americans want to get that understand the magnitude of what we after oil. We drill down 2 miles, 2 miles from the Middle East or do they want are dealing with here. Cheniere Energy vertical drill bore to reach the oil, and to produce it here in our country and wants to invest $11 billion in an export then we drill out for miles at that get it from our closest friend and ally, facility at Corpus Cristi, TX. That is level. Canada? That is an obvious answer. not one penny of government spend- We produce primarily oil and natural ing—not one penny. We have a huge That is why in poll after poll, 3 to 1, gas—huge amounts of natural gas and deficit and we have a huge debt. We Americans want this project approved. gas liquids as a byproduct—but we are have got to get on top of it. That But it remains in limbo, now in its miles away from any potable water, means controlling our spending, but sixth year of the permitting process on which is much closer to the surface, so that means we have to have economic the part of the administration. it is very safe. The water that is pro- So when I talk about those 350 growth. duced—both the frack water as well as So here are companies willing to in- projects, when I talk about $1.1 trillion the water that comes up with that oil vest and create jobs and create eco- in GDP, when we talk about almost 2 and natural gas—we put back downhole nomic growth and create tax reve- million American jobs that study per- through saltwater disposal wells, in es- nues—not raising taxes, creating tax formed by the U.S. Chamber of Com- sence recycling the water. Anything revenue. Why in the world do we hold merce identified, you can see what that can’t be reused goes back them up? How does that make sense? downhole and that creates a recycling they are talking about when you talk How is that common sense? Here we about this project that has been held process. are on an unemployment insurance bill That is different than the way it is up now into the sixth year. where we are going to spend more gov- The legislation, the Energy Security done in the Marcellus shale in places ernment money to pay people who re- Act, would approve that project, but it such as New York, Pennsylvania, and it main unemployed when we could ap- would also approve the 24 pending ap- is different than the way it is done in prove these projects and put them back West Virginia and different than the plications that would allow us to ex- to work at good-paying jobs. Instead of way it is done in the Utica shale in port LNG, liquefied natural gas, to our growing the deficit, we could actually Ohio. There are some similarities with allies who need that help. Right now in create tax revenues from a growing the way it is done in Texas in the Eagle this country we produce 30 trillion economy—again, not higher taxes, Ford, where they also drill for oil. cubic feet of natural gas a year. We from a growing economy that helps re- But the point is, the way this is done, consume about 26 trillion cubic feet of duce our deficit and debt. the technologies that are used, even natural gas. That is growing rapidly. So the Cheniere Energy project, $1 the product we are going after—and Believe me, I know. We are flaring off billion investment facility in Corpus certainly the formations are different natural gas in our State that we want Christi, creates a market for some of across the country. to get to market. We need a market for the natural gas that is now being flared When we put a Federal one-size-fits- that product. But right now we are not off, according to the Perryman Group, all approach in place, it doesn’t work. allowed to export liquefied natural gas 3,000 direct construction jobs, far more Not only does it not do the job in terms to countries such as the NATO coun- indirect jobs during the construction of making sure we have the right kind tries. phase. Here is another project. Exxon of regulation, it holds up projects. It Look what is going on in Eastern Eu- wants to build the Golden Pass LNG fa- prevents job creation. It doesn’t allow rope, such as what Russia is doing in cility at Sabine, TX, which is on the our economy to grow. It doesn’t em- Ukraine. What is next? One of the rea- border between Texas and Louisiana. power us to produce the energy that sons Russia is able to take that kind of That is a $10 billion investment. could be produced across this country action and the European Union is re- Perryman Group estimates that be- with the right approach, with the right luctant to put sanctions in place as a tween both the direct construction jobs energy plan. response is because Europe, Ukraine, and indirect jobs, on the order of 45,000 As far as job creation, our State is are dependent on Russia for natural jobs for that project during construc- now the fastest growing State. We have gas for energy. Over one-third of the tion, almost 4,000 permanent jobs. the lowest unemployment, and we have supply of the EU’s energy comes from So you can see when we talk about the fastest growing economy, 7.6 per- Russia. NERA, the National Economic Re- cent in the most recent statistic versus So we have an opportunity here. We search Associates, saying, hey, there a 2.6-percent average for the other can create economic activity. We can are going to be 45,000 jobs for these States. Again, this is about creating a create jobs. We can use that natural projects, that is a very conservative es- growing economy. It is about creating gas we produce beyond what we need timate. It creates so much more—not jobs. here at home to help our allies and at just good-paying jobs but also a grow- Also, I am offering the Domestic En- the same time stand up to Russian aging economy, cash revenues to help ergy and Jobs Act legislation I filed as gression. That is why I say this is with the deficit and national security, an amendment to this bill. DEJA is a about jobs. This is about getting our and security working with our allies at series of bills that has already passed economy growing. But this is also very a critical time, a critical time in East- the House. This is all legislation that much about national security, our na- ern Europe. has already passed the House. So we tional security here at home, energy In addition, I have offered other leg- know if we can get a vote in the Sen- security for our country, but also secu- islation I filed, that I am now offering ate, the legislation we can pass in the

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1903 Senate has already gone through the what we do in the Senate. That is what KING COVE House. We are already a huge distance we do in this Senate forum. Let us put I want to take 5 minutes in this late on the journey to getting this done. forward our ideas and let’s have a vote. afternoon to continue to educate not What does the Domestic Energy and If it passes, we can do these things. But only my colleagues but folks within Jobs Act do? It does exactly what the why in the world wouldn’t we get a this administration and around the title says. It reduces the regulatory vote? That is what this body is all country about an injustice that con- burden, it sets goals, it helps us about. Let’s have the debate. Come to tinues to unfold in a small corner of produce more energy and create jobs. the floor and let’s have a debate. Let’s my State, a very remote part of my For example, we establish an Amer- debate each one of these and a lot State in southwestern Alaska for the ican energy development plan for Fed- more. That is what we do. Then let’s small community of King Cove. There eral lands. We have all of these Federal vote. That is how we will decide. That are about 950 people who live in King lands—millions and millions of acres of is what the American people expect us Cove. Federal land both onshore and offshore. to do. They sent us to the Senate to do I have been fighting since I came to The Department of Interior should just that. the Senate, and before I came my fa- have a plan to develop energy on those The question I have is why aren’t we ther took up this fight, in an effort to public lands, and they should set goals voting on these amendments and a lot get a small connector road, a small 10- to do so. This legislation would require more if we are serious about getting mile, one-lane gravel, noncommercial- them to do just that. people back to work? If somebody use road that will allow the people of We freeze and study the impact of wants to come down and refute this, King Cove access to an all-weather air- EPA rules on gasoline regulations. come on down, do it, and then let’s port so they can get out in the event of medical emergencies. That benefits all Americans at the vote. We had another one last night. I had pump, not only small businesses that With that, I yield the floor. are looking to hire people but families, an email saying the weather had com- The PRESIDING OFFICER. The Sen- pletely taken over in the gulf in King all consumers. ator from Alaska. We provide onshore oil and gas leas- Cove, and there was an emergency call Ms. MURKOWSKI. I commend my ing certainty, meaning that the De- that went out. It was for a 58-year-old colleague, the Senator from North Da- partment of Interior has to approve the fisherman who had been injured. He kota, not only for his leadership on so permits within a stipulated, reasonable had been out on a Seattle-based proc- many energy initiatives, but for the period of time. It advances offshore essor called the M/V Golden Alaska. proposal he has put forth this after- wind production. This is about pro- This fisherman happened to live in noon. ducing renewable energy as well as tra- Seattle, and he was onboard this boat. ditional energy. It streamlines the per- I am pleased to be able to join him in They were out near Unimak Island, which is out toward the chain in the mitting process. It provides access to support of those various measures— North Pacific, when this fisherman was the National Petroleum Reserve for de- measures that, as he has outlined, will accidentally sprayed with a high-pres- velopment in Alaska. It requires the not only as a nation allow us to move sure hose and it severely injured his BLM to hold live Internet auctions. forward and take that leadership role, eye. It was 1 a.m. when this incident Let’s use this new technology to en- which we so rightly have and should happened. courage investment in job creation and use as something to benefit not only ourselves and our economy, jobs within We have this big vessel, a big proc- energy development in new and cre- essing vessel of 305 feet, heading from ative ways. the Nation, but to benefit other nations. The proposal he has advanced— Dutch Harbor to Seattle when the acci- It establishes rules on surface mining dent happened. I don’t have a map with that make sense, commonsense rules. again, that I am pleased to join him on—is one that allows for incredible me, but if we can envision, there is a It increases States’ revenue sharing for lot of big, wide-open ocean, and med- Outer Continental Shelf drilling, off- jobs and opportunities with the construction of the Keystone XL Pipeline, ical care is a long way away. This fish- shore drilling, and it also offers lease erman couldn’t wait for that medical sales off the Virginia coast. provisions that will allow for expedited processing of our LNG exports. care. The closest deepwater port was Clearly, developing these new areas King Cove. creates revenue for the States, creates It recognizes, again, that when we produce more in this country—when we King Cove got the word that they had revenues for the Federal Government, an injured fisherman onboard and they creates more energy for our country, produce more of a resource that not only allows us to be more energy se- said: Look, our clinic can’t handle and creates more jobs—not spending somebody who has critical needs. See if Federal money, investing hundreds of cure, but that also helps our friends and allies around the world, it also you can take the boat over to Cold Bay billions of private dollars that are cur- so that not necessarily he can get med- helps to truly effectively reduce the rently sidelined in these new and excit- ical care, he could get on an aircraft cost of that energy to American con- ing projects. out of Cold Bay that could fly him the sumers. Finally, I am offering the stream 600 miles or thereabouts to Anchorage How can this possibly be a negative? buffer rule legislation that I filed as a for the medical care he needed. But the stand-alone bill. I am offering that as How can this possibly be bad when it problem they faced was they had wind an amendment as well to this UI bill. adds to jobs, when it strengthens our gusts of up to 60 miles per hour. They The Department of Interior wants to economy, and when it makes us more had rough seas, very rough seas. implement a Federal one-size-fits-all secure as a nation. The ship’s captain said: I am not rule for stream buffer zones, meaning There are many win/wins that we see going into Cold Bay. I am not going to mining proximity to rivers and in these energy proposals we have in try to hoist a man who has been se- streams. Again, a one-size-fits-all, one- front of us that Senator HOEVEN has of- verely injured in his eye—I am not size Federal approach for every situa- fered. But, again, if we only have an going to try to hoist him up a 20-foot tion does not work. Allow the States to opportunity to kind of talk aloud ladder at the Cold Bay dock. We are take the primary role in regulating the about them but never actually have not going to do that. stream buffer zones and let them do the chance to move them forward So they went into King Cove, a safer, what makes sense. through a legislative process so they more protected cove, and they were With all of this legislation, we can can actually become law so we can ac- able to get the gentleman there at 11:30 empower hundreds of billions in private tually see those benefits play out, it a.m. The physician’s assistant—we investment. We can put that invest- doesn’t do us much good. don’t have a doctor in King Cove, we ment in good old-fashioned American I appreciate what my colleague has have a PA, somebody who basically ingenuity into getting our country outlined this afternoon through his does a good job in stabilizing folks. She going, getting our economy growing, proposals. I know we will have an op- contacted the emergency room in An- and getting our people back to work. portunity to speak further to them to- chorage. We can do it. The way we can get morrow, and I look forward to doing The ER folks said: Look, you have to started is simply by voting. That is that as well. get this guy to an ophthalmologist as

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1904 CONGRESSIONAL RECORD — SENATE April 1, 2014 soon as you possibly can in order to But the one thing we are pretty sure I don’t want to keep coming to the preserve as much of his eyesight as of is that this fisherman from Seattle floor and ranting about why we need possible. who was injured and had to wait 13 this road. I don’t want to make it ap- As I mentioned, not only does King hours to get out—we are pretty sure we pear we are sensationalizing the inju- Cove not have a doctor, they don’t could have put him on an ambulance ries of men, women, and children for have any kind of a eye specialist. The across that road—if one existed—and the purpose of winning this fight. But I nearest ophthalmologist is in Anchor- he would not have had to wait for 12 am not going to have somebody die out age, more than 600 miles away. hours. there when we could have found a safer The PA, Katie Eby, did what health We are pretty sure that the 63-year- and saner path forward. professionals at the clinic always do in old woman who suffered heart issues on So I am going to keep coming to the an emergency like this. She calls for Valentine’s Day and had to wait hours floor. I hope the Secretary of the Inte- help to our Coast Guard. She begs the and hours for the Coast Guard to pluck rior is listening, that folks in the ad- Coast Guard to come. The Coast Guard her out of King Cove before she was ministration are listening, and that says they will come, but they can’t able to safely make it to the hospital they understand we in Alaska can be come now. They can’t chance the in Anchorage, we are pretty sure she responsible for the lands where we live, weather to get in there. They are not could have been spared some of that and we can provide for the health and going to risk a pilot and his crew to get agony. safety of those who are out there and into this situation where we unneces- We are pretty sure that a couple of those who are transiting through. But sarily put even more lives at risk. They weeks ago when a father who had been we need this Secretary to do the right said: Look, we are going to have to crushed by a 600-pound crab pot—his thing for the people of the State of wait until the conditions improve and pelvis crushed and his legs broken— Alaska and provide for a life-saving the winds die down. So the physician’s that for hours and hours and hours he road. assistant tries to stabilize the fisher- waited in the King Cove clinic to get Mr. President, I yield the floor and I man, manage his pain as best she can medevaced out, and of the fact that his suggest the absence of a quorum. and basically she waits, holding the infant son, a 1-month old baby named The PRESIDING OFFICER. The hand of a man and telling him the Wyatt who was there in respiratory clerk will call the roll. Coast Guard will come. distress also had to be medevaced out The legislative clerk proceeded to The Coast Guard did finally make it on the same day, only that baby had to call the roll. in around 3 in the afternoon the next make it through the night in the arms Mr. GRAHAM. Mr. President, I ask day. So this injured fisherman waited of the physician’s assistant, and the PA unanimous consent that the order for 13 hours for the winds to settle. knowing and feeling the infant was in the quorum call be rescinded. The problem with this story, of distress and actually feeling him stop The PRESIDING OFFICER. Without course, is there were other alternatives objection, it is so ordered. for this fisherman who had been in- breathing. If we had a road in place, with the The Senator from South Carolina. jured, who had to wait in pain won- agony of not only the individuals who Mr. GRAHAM. Mr. President, I ask to dering if he was going to go blind, if he have been injured but the loved ones be recognized for a few minutes, if I was going to completely lose his eye- who care about them, there are better could, as if in morning business. sight while he was waiting for the alternatives, and, it is very clear to The PRESIDING OFFICER. Without Coast Guard helicopter to come in, to me, alternatives that work for the peo- objection. pluck him out, to fly him over to Cold ple who live there and the people who IRAN U.N. AMBASSADOR Bay, and have a flight take him to An- Mr. GRAHAM. There is an issue fac- chorage. The other alternative—the are in the area—the fishermen. Maybe I am taking this a little too ing this country that needs to be ad- safe, reliable, affordable way out is a personally because my oldest son dressed firmly and decisively. I am en- 10-mile, one-lane, gravel, noncommer- crabbed in the Bering Sea this winter. couraged there is a bipartisan effort to cial-use road. If that fisherman could He was out in those waters. He was out deal with this issue, and the issue is have been put in an ambulance and in that foul weather. He was working very simple. The person who has been taken across that road, a dozen hours nominated to be the U.N. Ambassador could have been spared. in a very dangerous industry. Anybody Yesterday’s medevac marks the fifth who has ever watched ‘‘Deadliest for Iran is a gentleman who partici- medevac by the Coast Guard in this Catch’’ knows what I am talking pated in the takeover of our Embassy current year. In 2014, we have had five about. Both my sons fish in these in Tehran, holding hostage 52 U.S. per- Coast Guard medevacs. Keep in mind, areas. They go through the Gulf of sonnel for 444 days. each one of these medevacs costs Alaska. They go through Nunivak Pass This is a slap in the face by the Ira- around $210,000 per flight. So for those every year as fishermen. If something nian Government to the American peo- who are saying we can’t have a road in should happen to them or to somebody ple, to the hostages, and it should not King Cove because it is going to cost else on their crew, and the closest be allowed to stand. Senator CRUZ, I the taxpayers money, it is costing the deepwater port for them happened to believe, will be offering a unanimous taxpayers money because we are foot- be King Cove but the weather was to consent request potentially dealing ing the bill for the Coast Guard. the ground, I want a road for them. with this issue, but I just wanted to Thank goodness the Coast Guard is I want a road for the people in King rise for a few minutes and speak in sup- there. But we are also putting the lives Cove. I want a road for the Seattle fish- port of what he is trying to accomplish of these men and women—our fine erman who is transiting back. It is a in the Senate. I am somewhat encour- coasties—at risk when we are doing lifeline. It is a way to get to help. aged that there is a bipartisan effort this. If we had a road, who is building Right now, the one thing keeping these forming among our intel folks to deal the road? It is the State of Alaska. people from getting help is the Sec- with this affront to the American peo- Who is maintaining the road? It is the retary of the Interior because she has ple, to all those held hostage, and basi- Aleutians East Borough. This is not concluded that we cannot build a 10- cally to human dignity. The idea that the U.S. taxpayer who is paying for mile, one-lane, gravel, noncommercial- the Iranians would be appointing some- this, again, 10-mile, one-lane, gravel, use road without disturbing the water- one connected in such an apparently noncommercial-use road. fowl, the black brant, and the geese direct way with the Embassy takeover There are options here. But the Sec- that go through the Izembek. back in 1979 to represent their nation retary of the Interior has determined We have all heard my story on this in the U.N. tells us all we need to know she wants to look at other options. She many times before. We know we can about Iran. wants to find other alternatives. The build this small road and have it coex- This hardline-moderate divide fact of the matter is we have been ist peacefully with the birds that go doesn’t exist. This is all a game. Presi- looking at alternatives for a long time through there. We know the people who dent Ruhani, when he was the nuclear now, and those alternatives have been live there will continue to care for the negotiator for Iran, bragged about how tried and failed or studied and reviewed waterfowl and the wildlife just as they much progress they made when the and discarded. have for thousands of years. heat was off. If he were truly moderate

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1905 he wouldn’t have been on the ballot I look forward to supporting Senator ments then about making sure the and wouldn’t be serving today at the CRUZ and others who want to join in rules worked for our long-term care fa- pleasure of the Ayatollah. Nobody the effort to stop this appointment be- cilities—you can imagine, there are a serves in a high position in Iran with- cause it is wrong. lot of prescription drugs at long-term out the blessing of the Supreme Lead- With that, I yield the floor and note facilities—and the Departments of De- er. the absence of a quorum. fense and Veterans Affairs. But these So the idea of making this gen- The PRESIDING OFFICER. The issues should be addressed in the final tleman—I don’t want to butcher his clerk will call the roll. rule. It is time now to get this rule name—the Ambassador to the United The legislative clerk proceeded to done so we have more options to easily Nations from Iran when he has actively call the roll. and safely dispose of our prescription participated in violating every diplo- The PRESIDING OFFICER (Ms. WAR- drugs. matic principle involved, the idea of in- REN). The Senator from Texas. I know the final rule is now at the vading a consulate or embassy and tak- Mr. CRUZ. Madam President, I ask Office of Management and Budget for ing hostages runs afoul of every prin- unanimous consent that the order for their approval. I have spoken to them ciple of international law and diplo- the quorum call be rescinded. about this rule. I am also aware they matic behavior. The PRESIDING OFFICER. Without have only had the rule for 35 days. So It would be different if in the last 30 objection, it is so ordered. they are not really the ones who have or so years the Iranian regime had (The remarks of Mr. CRUZ pertaining been holding this up. They have 90 days changed. We have relationships with to the introduction of S. 2195 are print- to get this out, and they have pledged people today who are some of our ed in today’s RECORD under ‘‘State- that they hope to get that done. strongest allies who used to be our en- ments on Introduced Bills and Joint We need to get the rule done, and let emies. There is nothing changing in Resolutions.’’) me tell you why. As a former pros- Iran since the Embassy takeover that Mr. CRUZ. Madam President, I note ecutor, I have seen firsthand the dev- would place Iran in the column of a the absence of a quorum. astating impact that drug addiction friend of America. This regime has The PRESIDING OFFICER. The has on families and communities. Dur- been actively involved in worldwide clerk will call the roll. terrorism plots. They have provided ing my 8 years as chief prosecutor in The assistant legislative clerk pro- Hennepin County—the largest county equipment to those who were fighting ceeded to call the roll. in Iraq to kill our soldiers. They sup- in our State—drug cases made up about Ms. KLOBUCHAR. Madam President, one-third of the caseload. port Hamas and Hezbollah, terrorist or- I ask unanimous consent that the order ganizations. They have been designated Most Americans know that we have a for the quorum call be rescinded. problem with serious drugs. But what by the State Department as a state The PRESIDING OFFICER (Ms. sponsor of terrorism. They are trying most Americans may not know is that BALDWIN). Without objection, it is so one of our most serious drug problems to build a nuclear weapon, not a power- ordered. plant. So they have actually been no is, in fact, drugs that are in the medi- DEA’S FINAL RULE good for a very long time. I hope this cine cabinet—drugs that are prescribed body will send a signal to the Iranians Ms. KLOBUCHAR. Madam President, legally. that we will not accept on U.S. soil the I rise today to urge the Drug Enforce- Within those cabinets are some of the person who has been designated, be- ment Administration to issue the final most addictive prescription drugs out cause this person was actively engaged rule necessary to implement the Se- there—like pain killers and beta in holding 52 Americans hostage for 444 cure and Responsible Drug Disposal blockers. Prescription drugs such as days, in contravention of every law on Act of 2010. I note that year—2010—be- these are some of the most commonly the books and human decency. If Iran cause that is the year this bipartisan abused drugs—and people are surprised wants a new relationship with the bill was passed. by this, but they are ahead of cocaine, United States, this is not a good way to What it does is it provides consumers heroin, and methamphetamines in start it. with safe and responsible ways to dis- many States. I think there will be a lot of bipar- pose of unused prescription medica- Teenagers now abuse prescription tisan objection to allowing this person tions and controlled substances. drugs more than almost any other to come to New York. We have provi- I thank Senator CORNYN, who was the drug, and the majority of teens who sions in our laws that give us the right lead cosponsor on the Republican side abuse these drugs get them for free. as the host nation to exclude people of this legislation, as well as Senator They get them in that medicine cabi- who have been involved in acts of ter- GRASSLEY and Senator BROWN, for net or, more likely, a friend of theirs rorism against the United States or working with me on the legislation. gets them from their mom’s or dad’s their neighbors and any security The important law expands safe dis- medicine cabinet—often without the threat. Again, the idea of doing busi- posal options for individuals and for knowledge of the person who has it. ness with former enemies is the way of long-item care facilities, and it pro- I think we all know that many left- life. The idea of accepting that the Am- motes the development and expansion over drugs are lying around. You go to bassador to the United Nations from of prescription drug take-back pro- see the dentist for surgery, and they Iran as one of the people intricately in- grams. prescribe you something for pain. You volved in the takeover of our Embassy As the Presiding Officer knows, this feel OK. You only take 1 or 2, and then and holding Americans hostage for 444 simply means that when you get pre- you have 10 left, and they are just sit- days is an affront to us as a people and scription drugs and you do not use all ting in the medicine cabinet. to the United Nations as a whole. He of them—or your doctor prescribes We used to tell people to flush these has served in other posts in Europe. something else—you do not just leave drugs down the toilet. This is not a That is not the issue. It is our Embassy them in your medicine cabinet, where good idea for our water supply, and I that was taken over; it was our people someone else might be taking them. In- think most people know that. Some who were held hostage, and the sur- stead, you find a safe place to dispose people will tell you that the proper viving hostages are very upset, as they of them, so someone else does not start way to dispose of your drugs is to crush should be. We don’t want to reward taking them and potentially get up your extra pills, then mix them people for doing bad things. This would hooked on the drug. with—and this is what they say—kitty be the ultimate reward for somebody Why did I mention 2010? Well, 2010 litter or coffee grounds. who did a very bad thing. was the year President Obama signed We need to do all we can to keep It would be a mistake to engage Iran this bill into law. It has now been 4 these dangerous drugs out of the hands in this way and not push back. If there years—4 years—as we have awaited the of teens, but I am just not sure—espe- is to be a better relationship with Iran, rules. I will describe why, but I think it cially if someone does not have a cat— it is worth fighting for. We are going to is time to put this law into action. that kitty litter is a realistic solution. have to stand up to these people be- The DEA issued a proposed rule in Not everyone these days makes their cause they will take advantage of us if December 2012. Unfortunately, that own coffee nor has coffee grounds. We we allow it. took 2 years. There were some com- are dealing here with a very serious

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1906 CONGRESSIONAL RECORD — SENATE April 1, 2014 problem, and all we are hearing about opiate-related overdoses in the Twin out on safe and easy options to get rid is kitty litter and coffee grounds. That Cities—in Hennepin and Ramsey Coun- of unused prescription drugs; 4 years is why we passed this bill. ties—compared to 129 for all of 2012— that those plastic amber bottles have One option parents have is to dispose just to give you a sense of 6 months piled up in medicine cabinets across of leftover drugs at a National Take- compared to a year. Hospital emer- America; 4 years that dangerous pills Back Day. Listen to this. Over 3 mil- gency department visits for heroin have been left vulnerable to misuse, lion pounds of prescription medications nearly tripled from 2004 to 2011. potentially falling into the hands of have been removed from circulation In the 7,000-person community of St. our loved ones fighting addiction or through seven National Take-Back Francis, MN, three young people have criminals or being accidentally con- Days that have been held since 2010. I died of opiate overdoses since May. An- sumed by an innocent child. participated in one of those days in other three young people have been We need the final rules. We must get Brooklyn Park, MN, last fall. hospitalized for heroin overdoses. One them done right. But with so much at While these events have been incred- was only 15 years old. stake, we must get them done now. ibly successful, one-day events that are Experts blame this rise in heroin use I yield the floor. held a few times each year do not fully to, first of all, some pure heroin com- The PRESIDING OFFICER. The Sen- address the problem of how we are ing from Mexico, but, secondly, an in- ator from Kansas. going to dispose of our drugs safely. creased use of prescription drugs like Mr. MORAN. Madam President, it is For instance, let’s say you heard OxyContin and Vicodin. That is be- April Fools’ Day, but it sure feels more about a Take-Back Day right after you cause, according to the Office of Na- like ‘‘Groundhog Day’’ because we are had your dental surgery. Great, you tional Drug Control Policy, as many as once again here considering an exten- can bring over those pills and safely 4 out of 5 heroin users got their start sion of unemployment benefits for the dispose of them, but then you remem- by abusing prescription drugs. That is millions of Americans who have been ber your kid has a soccer tournament, a pretty phenomenal number. out of work for months, and some of and you cannot make it that day to I think people think of heroin like them even for years. dispose of the drugs. It looks like those from the 1970s and people shooting up. While assistance to those without pills are going to stay sitting right Well, it is not like that anymore. They work serves an important purpose in where they are in the medicine cabinet. can take it by pills. They can take it helping Americans transition, we are I doubt many people have the time different ways. What happens is, when failing to address the underlying and right then and there to call and ask they start with these prescription more important issue: How do we grow when the next Tack-Back Day might drugs, and they have access to them, the economy and create jobs for all of be and put it on their calendar in a red they get hooked, they get addicted; and our citizens? pen. then, when they cannot get the pre- A growing economy creates new op- We have to be realistic. These Take- scription drugs—which does happen— portunities for Americans to find Back Days are great. In my State, es- then they turn to heroin, and heroin meaningful work, and with meaningful pecially in the metropolitan area, right now is much easier to obtain. work comes an opportunity for Ameri- under the leadership of our sheriff Rich So the answer here—because those cans to improve their economic secu- Stanek we actually have some perma- drugs are similar in how they make rity and advance up that economic lad- nent facilities in places where they can them feel—the answer is to stop them der. be brought permanently—the drugs—in from getting addicted in the first It is one of the reasons Senator the libraries and places like that, but place. I think often times, when people WYDEN and I started the Economic Mo- we really have gone the extra step. The just see a drug in the medicine cabinet bility Caucus. We wanted to study the reason our law enforcement is such a or know that it is OK to take one of facts and explore policy improvements big fan of this law is they know we these types of drugs—OxyContin and that can make a difference to increase could take so many more drugs in if, other things for pain—they actually do the likelihood that all Americans can for instance, long-term care facilities not intend to get addicted. These are do just that—improve their standard of were able to simply bring the drugs to many of the people I just had a round- living and move up that economic lad- one location each and every day. table with at Hazelden, one of the Na- der to a better life. If, for instance—and some of our drug tion’s premier drug treatment centers, According to the Bureau of Labor stores have been open to this, some of talking about this. A lot of times the Statistics, their monthly report indi- these national chains—imagine how people who end up dying from a heroin cates that 10.5 million Americans are good this would be if they would just overdose actually may even be casual unemployed; 7.2 million Americans are be willing to take these back and then heroin users. They are not doing it working part time because they cannot they bring them somewhere. But to do every single day. But that is because find full-time work; 2.4 million Ameri- that they need certain legal protec- the heroin was a replacement for the cans want to work but have stopped tions. They need protections about how prescription drugs they started getting searching. What a sad circumstance they transport them. That is why we addicted to when they got them out of that is for those folks. have been awaiting these rules. a medicine cabinet or maybe they were Our labor participation rate is hov- Given the Food and Drug Adminis- prescribed them. ering around its 35-year low at 63 per- tration’s recent approval of some very We know this is not going to fix ev- cent. While those statistics and the powerful drugs, I think it is even more erything. But certainly making it easi- lives these numbers represent are pret- important that we make sure when er and empowering people to dispose of ty discouraging, I want to talk about a these drugs are out there that they are these drugs will, No. 1, clearly cut piece of good news. We know we can able to be disposed of. down on the use of these prescription create jobs and we can create a grow- Offering more ways for people to dis- drugs, and then, we believe, lead to less ing economy, and we know from the pose of their unneeded prescription heroin use in the long term. facts, from the studies, that entrepre- drugs is also a crucial component of Americans all across the country—in neurship, starting a business, giving stopping the recent rise we have seen cities, suburbs, and small towns—need Americans a chance to pursue the in heroin. Now, that might seem options to get rid of leftover pills be- American dream, is the key. counterintuitive. You might say: Why fore they fuel addictions and claim the The Kauffman Foundation in Kansas would that help with heroin? That is lives of their loved ones. City has studied entrepreneurship. not a prescription drug. How could that The Secure and Responsible Drug They make clear that most new jobs reduce the amount of heroin out there Disposal Act provides these options. come from young companies created by when we know we have seen huge in- But we cannot take these crucial steps entrepreneurs. In fact, since 1980, near- creases in the amount of heroin. We in the fight against drug abuse until ly all of the net new jobs that have have seen it in our State. the DEA issues its final rule. been created in our country have been The heroin epidemic in Minnesota After 4 years, it is time to make created by companies less than 5 years and all across the country is deadly. In these rules official—4 years that fami- old. It kind of makes sense. Big busi- the first half of 2013, 91 people died of lies and long-term facilities have lost nesses often are looking for ways to

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1907 cut costs, reduce their workforce. New regulations, this legislation, now this omy, as well as increasing employment businesses wanting to succeed increase amendment, requires Federal agencies during the construction of that pipe- their workforce. In fact, these new to determine whether the cost of new line. businesses create, on average, 3 million regulations outweighs the benefits, and A recent poll by Washington Post jobs each year. it encourages Federal agencies to give and ABC News shows that Americans Unfortunately, the number of new special consideration of the impact support this 3 to 1. Again 80-some Sen- business startups, those business proposed regulations would have on a ators voted in moving forward with the formed each year, are around their low- startup business. Keystone Pipeline. Yet it has not hap- est total since the Bureau of Labor As any entrepreneur knows, a good pened. The President has not made a Statistics began keeping track over 40 idea is essential to starting a success- decision in regard to Keystone Pipe- years ago. So while we know that ful business. So Startup 3.0, an amend- line, has stalled this issue. Nothing in startup companies have a great oppor- ment now to this bill, improves the the Senate would suggest the leader- tunity to create jobs, we are creating process by which information that is ship of the Senate is ready to move the fewest number of startup busi- funded by Federal research, informa- this ball forward. nesses in nearly 40 years. tion that is garnered by Federal re- The President talks about trade pro- A couple of authors, John Dearie and search, is more readily available to motion authority, spoke about it in Courtney Geduldig—they are authors those who want to start a business, so one of his State of the Union Address- of a book called ‘‘Where the Jobs that tax-funded innovations can be es. Yet that is another issue that has Are’’—point out in that book that ‘‘the turned into companies that spur eco- not been considered by the Senate. The vital signs of America’s job-creating nomic growth. President apparently has backed off of entrepreneurial economy are flashing Finally, Startup 3.0 provides new op- this issue out of deference to politics. red alert.’’ John and Courtney spent an portunities for highly educated entre- Yet we know—we certainly know this entire summer traveling the United preneurial immigrants to stay in the in Kansas—that the airplanes we make States. They met with more than 200 United States where their talent and in south central Kansas, the wheat we entrepreneurs in dozens of cities to new ideas can fuel economic growth grow in western Kansas, the cattle we learn about the challenges those entre- and create jobs in America. grow in our State, that we raise in our preneurs are facing. For more than 2 years, Startup Act State, clearly much of the economic What they found is no surprise to 3.0 has earned praise from business activity that comes from those activi- anybody in this Chamber. They are the owners, from chambers of commerce, ties occurs because we are able to sell same issues I hear when I am back in from economic development officials, those agricultural commodities, those Kansas. Those who start a business from entrepreneurs, from economists, manufactured goods around the globe. struggle with access to money, to cap- and elected officials. Recently, the Millions of Americans can be better ital to start that business; a lack of California State Senate passed a reso- off if there is greater opportunity for skilled talent; a complex Tax Code; a lution calling on Congress to pass what we manufacture, the agricultural products we grow, if they have a wider regulatory burden; and, boy, a lot of Startup Act 3.0. The President’s Coun- market. The President and this Con- uncertainty, most of it, much of it, re- cil on Jobs and Competitiveness, when gress, particularly the Senate—not this sulting from the action or lack of ac- it was in existence, had voiced strong Congress, the Democratic majority tion here in Washington, DC. support for several of the bill’s provi- here—have focused much of their at- A few years back I set out with a bi- sions. partisan group of Senators to address Unfortunately, none of that support tention on, for example, the bill we are on, extending the unemployment insur- the challenges entrepreneurs face. To- from across the country has progressed ance timeframe, apparently in the near gether we developed legislation that is in the Halls of Congress to see this leg- future increasing minimum wage. now called Startup Act 3.0 to help cre- islation seriously considered. I can tell Consider these facts. There are 3.6 ate a better environment for those you that the reason Congress has not million Americans at or below the min- whose dream it is to start a new busi- been able to address our economic imum wage level. Minimum wage ness. The Senate majority leader is fre- challenges is not for lack of good ideas. workers make up 2.5 percent of all quently talking about allowing votes In my view, it is a lack of leadership in workers, and 55 percent are 25 years old on legislation that has bipartisan sup- the Senate and within the administra- or younger. So it is a relatively small port. This bill, Startup 3.0, is such a tion, within Washington, DC, to ad- portion of the workforce and a young bill. dress the challenges Americans face. portion of the workforce. I am cer- I spent time working with Senator There are plenty of good ideas that tainly willing, happy to have a debate WARNER and Senator COONS, Senator can provide immediate relief to Ameri- about the need to increase the min- KING and Senator KLOBUCHAR, as well cans, many ideas in addition to Start- imum wage, to extend unemployment as Senator BLUNT and Senator RUBIO. up 3.0. Some of those examples are a 40- benefits, in part because I want the We introduced what I would say is a hour workweek. The House is poised to Senate to operate. very commonsense approach to ad- pass legislation. Some of my colleagues One of my greatest complaints since dressing factors that influence an en- are proposing amendments here in the my arrival in the Senate is the Senate trepreneur’s chance of success: taxes, Senate to change full-time employ- no longer functions as it has histori- regulations, access to capital, access to ment from 30 hours, as outlined in the cally, in which issues of importance to talent. Affordable Care Act, back to 40 hours. the country, whether they are Repub- This legislation has been introduced Small businesses, restaurants, school lican issues, Democratic issues, Amer- as an amendment to the unemploy- districts, and community colleges ican issues, middle of the road—this ment insurance extension bill the Sen- across Kansas and around the country place takes up those issues very rarely. ate is now considering. Unfortunately, are already cutting hours to comply I am willing to have a debate about at least so far, we have been denied with the employer mandate of the Af- what is proposed here. having a vote on what is clearly a job- fordable Care Act. By fixing this provi- But what I am thinking we are doing creating measure. I have offered this as sion, we can make certain that hard- is we are missing the real issues if we an amendment to other bills on the working Americans have the oppor- only deal with those. The minimum Senate floor, but if the past is any ex- tunity to work more hours, earn a big- wage and extension of unemployment ample of what will happen on this bill, ger paycheck, or find full-time employ- benefits is a symptom of a larger prob- the chances of us being able to offer ment. lem. It is that Americans want and the amendment, have it considered and Many of us believe—in fact, a large need jobs. In my view, this Senate and voted on, do not look very probable. majority of the Senate in a bipartisan this President have done nothing to in- Startup 3.0 makes changes to the Tax way believes—that approval of the crease the chances that Americans Code to encourage investment in Keystone XL Pipeline will help us in have a better shot at finding a better startups and provides more capital for two ways: reduce energy costs in the job. those who are ready to grow and hire. United States, a very important factor We have to grow the economy. By To address burdensome government in new jobs and expanding the econ- growing the economy—I think that

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1908 CONGRESSIONAL RECORD — SENATE April 1, 2014 sounds like something that is far re- preneurs and to foster the development from Apocrypha: ‘‘But above all things moved from the everyday lives of of new businesses. Truth beareth away the victory.’’ And Americans. But growing the economy Small business is, as we always say, it will. simply means we are creating greater the backbone of American jobs. So let’s There are cracks in the foundation opportunities for American men and stop having this ‘‘groundhog day’’ mo- already. Some leading news sources women, for husbands and wives, for ment every few months and let’s start have begun to put climate denial into sons and daughters, for families to tackling the challenges that entre- their policy against printing misin- have the opportunity to pursue a ca- preneurs across the country are telling formation and discredited theories. reer they feel comfortable in, that is us about, that Americans are telling us They just won’t print that nonsense. satisfactory to their economic needs, about, that we learned in the 2010 elec- Many executives recognize the signifi- and gives them the hope they can im- tion mean so much to every American. cance of climate change and are prove their lives financially. Unfortunately, this President and distancing their companies from the So growing the economy is about cre- this Senate have done nothing to im- policies and politics of climate denial. ating a greater opportunity for every prove the chances that every American They don’t want any part of that non- American to pursue what we all have has a better job and a brighter future. sense. Many local officials are doing all grown up calling the American dream. Please, this is so important. There is so they can to protect their communities Unfortunately, the facts, if you believe much we can do. Too many times we from the effects of climate change. the Congressional Budget Office, indi- focus on what we are unable to agree They know climate denial is nonsense. cate that raising the minimum wage upon. But there is so much we can It has been wrong that the climate will increase unemployment. In fact, agree upon, so many things we can do. change denial campaign has been so ig- the numbers I saw—this was not the The American dream depends upon us nored by major media outlets. Media CBO score, but a Texas university doing so and doing so now. Matters found that all the major net- study indicated that raising the min- I yield the floor. work Sunday TV talk shows in all of imum wage to $10 an hour or more The PRESIDING OFFICER. The Sen- 2013 discussed climate change for a would reduce jobs in my home State by ator from Rhode Island. grand total, all combined, of 27 min- 27,300 jobs. CLIMATE CHANGE utes. NBC News’s ‘‘Meet the Press’’ I doubt that voters care much about Mr. WHITEHOUSE. Madam Presi- mentioned climate change once. When CBO reports or about a Texas univer- dent, I am on the floor for the 63rd con- several of the Sunday shows discussed sity study, but they are acutely secutive week we have been in session climate change on February 16 of this aware—they see it every day in their to ask my colleagues to finally wake year for a grand total of 46 minutes own lives—of the lack of opportunity, up to the threat of climate change. The combined, it was more climate cov- the dearth of jobs, the reduction in evidence mounts of unprecedented and erage than in the past 3 years. hours, the reduction in opportunity. dangerous changes, from the latest It has been wrong that polluters so These reports make clear they are hap- Intergovernmental Panel on Climate often got their way on the editorial pening because of failed policies and Change report to the recent warning page. Whether through a desire to appear fair and balanced or a willful ef- the refusal of the Senate and the Presi- from the American Association for the fort to help polluters, newspapers still dent to address the broader issue of Advancement of Science. publish editorials or letters to the edi- what can we do to create jobs for The American people demand action tor that dispute consensus science, dis- Americans. in ever-greater numbers. Yet Congress I thought the message of the 2010 continues to sleepwalk, lulled by spe- parage scientists or journalists who re- election, the election where I was cial interest influence and polluter port the truth about climate change, and exaggerate the costs of taking ac- brought to the Senate on behalf of propaganda. The influence and propa- tion to stop it. Often, their authors Kansans—I thought the message that ganda are spread through an apparatus have direct ties to coal and oil inter- we all would have, should have re- of denial. This apparatus is big and art- ests, and rarely is the connection dis- ceived, the message of the election, fully constructed—phony-baloney orga- closed. was the desire for every American to nizations designed to look and sound as As we can see from this chart, some have the chance to improve their lives if they are real, messages honed by papers do it more than others. The de- through a job, through a better job, public relations experts to sound as if nier champ is the Wall Street Journal and through a secure job. In my view, they are truthful, payroll scientists editorial page, with eight denier letters it is time for us to focus on growing whom polluters can trot out when they in the first 10 months of 2013. That is the opportunities for all workers every- need them. The whole thing is big and one every 5 weeks. I think they have where. complicated enough that when we see actually joined the denier apparatus With a willing Congress, including its parts, we could be fooled into think- and are now a part of the scheme, but leaders who understand these chal- ing it is not all connected. But it is they are on the wrong side of history. lenges and are willing to address them, just like the mythological Hydra: On the right side is the Los Angeles I am certain we can create greater op- many heads, same beast. And this de- Times, whose editorial page last year portunities for millions of Americans, nial beast pollutes our democracy just released a note from editor Paul including those who no longer or who as surely as its sponsors pollute our at- Thornton announcing they would no currently have no meaningful work. mosphere and oceans. Some editorial longer print climate denial letters. The lack of a job is terrible. I think pages spread the polluter party line so Thornton’s note read: there is a certain moral component, a consistently that it appears they have I do my best to keep errors of fact off the sense of well-being, a sense of who we gone over and actually joined the appa- letters page; when one does run, a correction are as human beings when we have a ratus. is published. Saying ‘‘there’s no sign humans job that not only fulfills us financially The climate denial network controls have caused climate change’’ is not stating but gives us a sense of purpose in our the political arm of the multinational an opinion; it’s asserting a factual inaccu- daily lives. corporations, the so-called U.S. Cham- racy. As the Senate considers a short-term ber of Commerce. Reddit is one of the Internet’s most extension of unemployment insurance, Polluter-funded super PACs target popular social and news Web sites, ‘‘the we must not lose sight of that longer officials who don’t fall in line—inter- front page of the Internet.’’ According term goal of creating an environment estingly, often Republicans, in an ef- to the Pew Research Center, 1 in every for job creation. Again, I would offer fort to purify the party in a coal-fired 17 American adults uses Reddit. Reddit Startup Act 3.0, a bipartisan amend- crucible. science has 4 million subscribers. That ment, a bipartisan piece of legislation The whole deniers’ castle can look is about twice the circulation of the offered as an amendment, as an oppor- pretty daunting, but it is based on re- New York Times. Reddit Science has tunity to do that, as part of the consid- jecting science and ignoring empirical banned posts on climate denial be- eration of the extension of unemploy- evidence. That is a weak foundation. It cause, as its moderator, Dr. Nathan ment benefits. There is no better way won’t stand. The castle is built on sand Allen, explained, ‘‘We require submis- to create jobs than to support entre- and its fall is inevitable. Remember sions to [Reddit Science] to be related

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1909 to recent publications in reputable ida is at serious risk from sea-level Mr. SESSIONS. Madam President, we peer-reviewed journals, which effec- rise. According to the World Resources are in the midst of a debate about ex- tively excludes any climate denial.’’ Institute, of all the people and all the tending unemployment insurance for The L.A. Times and Reddit Science housing in America threatened by sea- millions of Americans who are unem- are not alone in seeing that the cli- level rise, 40 percent is in Florida. ployed, some of whom have been out of mate denier castle is built on lies. Thirty-one former and current may- work for some time. It is a problem for More and more American corporations ors from Texas have also signed on to the country. are responding to the facts, under- the climate agreement. Texans are According to the Bureau of Labor standing that they are ultimately re- waking up to the threat of climate Statistics, the number of Americans sponsible to their shareholders and cus- change. A recent poll showed that who want to work but who have tomers. Major utilities—for example, roughly 55 percent of Texans say the stopped looking for a job is 3.1 million. PG&E, the Public Service Company of United States should reduce green- Over 91 million Americans are outside New Mexico, and Exelon—all quit the house gas emissions regardless of the labor force entirely. According to a U.S. Chamber of Commerce after a whether other countries do the same. recent report in CNN Money: chamber official called for putting cli- Kansas Governor Sam Brownback, Only about 63 percent of Americans over mate science on trial like the Scopes our former Republican colleague from the age of 16 participate in the job market, meaning they either have a job or are just Monkey Trial of 1925. The chamber this Chamber, understands the benefits looking for one. That is nearly the lowest may have been infiltrated and captured of cleaner energy. He fought to keep in level since 1978, driven partly by baby by the polluters, but major corpora- Kansas his State’s renewable portfolio boomers retiring but also by workers who tions get it: Coke and Pepsi, UPS and standard, which encourages utilities to had simply given up hope after long and FedEx, GM and Ford, Google and ramp up generation of renewable elec- fruitless job searches. Apple, Walmart—we can go on and on. tricity. The standard has already As a matter of fact, we saw at our The denier castle is crumbling. helped create thousands of Kansas jobs. budget hearing this morning a chart Many of the businesses getting seri- Governor Steve Beshear of Kentucky, which showed the decline in workers by ous about reducing carbon pollution a coal-producing State, has taken a age group, and it was interesting. The are actually based in States that are commonsense stance on climate younger workers had the biggest de- represented in Congress by Members change that defends the well-being of cline in percentage working, and the who won’t take the problem seriously his State. He said: older, 62 and above, are working at a at all. Coca-Cola, headquartered in [W]e have to acknowledge our commitment greater rate than they were in previous Georgia, says: to address greenhouse gas emissions, while years. So that is an interesting sta- We recognize climate change is a critical stressing the need for a rational, flexible reg- tistic. But we do have a problem, par- challenge facing our planet, with potential ulatory approach. ticularly among a lot of our younger impacts on biodiversity, water resources, I have to say I agree with him. I people finding work. public health and agriculture. . . . Beyond stand ready and many of us stand At the same time we are having these the effects on the communities we serve, we ready on this side to work with coal- difficulties, this administration has en- view climate change as a potential business State colleagues to ease their transi- gaged in a systematic dismantling of risk, understanding that it could likely have the protections our immigration laws direct and indirect effects on our business. tion away from a polluting fossil fuel economy. provide for American workers, pro- Texas- and Maryland-based Lockheed When we think of what the costs are ducing for them—our workers—lower Martin states: going to be to all of us of failing to ad- wages and higher unemployment. That From 2007 through 2011, Lockheed Martin dress this problem, the cost of easing is just a fact. Why are wages down? reduced its absolute carbon emissions by 30 the transition for those who will suffer And wages are down, as we heard from percent, and continues to focus on carbon all witnesses, Republican and Demo- from it is easily worth undertaking. emission reductions by championing energy cratic, in the Budget Committee this But to do any of that, we first have to conservation and efficiency measures in our morning. Wages have declined signifi- break through the barricade of lies facilities. cantly in the last 5 years. They have built around Congress in Washington. Sprint, the mobile carrier been declining, just at a lesser rate, headquartered in Kansas, gets it. We can’t keep pretending this isn’t since 1999. We understand that climate change is a real. That is why once a week for over In fact, our review of U.S. Immigra- critical issue and that reducing greenhouse 60 weeks I have come to the floor to tion and Customs Enforcement pub- gas emissions is an important goal. Because press this point. It is real. It is hap- lished statistics for 2013 reveals that Sprint is a large corporation with thousands pening. It is not going to go away if we under the guise of setting priorities for of locations, millions of customers and bil- ignore it. enforcement of our laws, this adminis- lions of dollars in operating costs, we have There is one thing and one thing only tration has determined that almost many opportunities to reduce global green- that prevents our action, and that one house gas emissions. anyone in the world who can enter the thing is the politics of the Republican United States then becomes free to il- The denier castle is crumbling at the Party. There is one thing and one thing legally live, work, and claim benefits local level too. Scores of locally elect- only that makes this the politics of the here as long as they are not caught ed officials are fighting to slow climate Republican Party, and that one thing committing some felony or serious change and protect their residents, is the special influence of the polluters. crime. even if in Congress their Congressman But against the relentless facts and Based on what the President has said, won’t listen. One of those local leaders science, against Mother Nature’s re- and what the Vice President has said, is Mayor Frank Cownie of Des Moines, lentless truth, that castle is built on it would appear an individual could whom I met on my recent trip to Iowa. sand and will fall. But above all things, come to America on a work visa, and 1 Iowans are taking climate change seri- truth beareth away victory. day after the visa has expired just con- ously, and Mayor Cownie is one of over For the sake of our democracy, for tinue to stay in America and be able to 1,000 mayors represented on this map the sake of our future, for the sake of work and could be confident that they all across the country who have signed our honor, it is time for us to wake up. will not be deported because the policy the U.S. Conference of Mayors Climate I yield the floor, and I suggest the ab- of this government is not to deport Protection Agreement. Their pledge is sence of a quorum. people unless they catch them at the to meet or beat the Kyoto Protocol The PRESIDING OFFICER. The border entering illegally or they have emission reduction targets in their own clerk will call the roll. committed a serious crime. cities and press their State govern- The assistant legislative clerk pro- A recent report this week shows that ments and the Federal Government to ceeded to call the roll. even the serious crime issue is cloudy. enact meaningful greenhouse gas re- Mr. SESSIONS. Madam President, I An independent report earlier this duction policies. ask unanimous consent that the order week said one-third of those—68,000— Seventy-eight current and former for the quorum call be rescinded. who had been involved in criminal ac- mayors from Florida have signed on. The PRESIDING OFFICER. Without tivity in some way are not being de- With over 1,000 miles of coastline, Flor- objection, it is so ordered. ported. So this applies not only to

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We have a loose labor market, and an applicant for a job to an employer but also those who enter on a legal visa it is impacting adversely American reasonably appeared to be genuine, and don’t leave when that visa expires. workers. then the employer has met its obliga- The President and Members of Con- The idea that we ought to double the tion. gress are arguing, it appears, based on number of guest workers who come Incidentally, shortly after the 1986 the bill that cleared the Senate, for a into the country legally when the amnesty law was passed, when it was historic surge in the amount of legal President of the United States is not promised amnesty would not be grant- immigration into our country at a going to enforce immigration laws and ed again, the now-assistant to Presi- time of high unemployment. The White we will not use comprehensively the E- dent Obama and the Director of the Do- House has preposterously claimed, Verify system indicates we are going to mestic Policy Council, Cecilia Munoz, amazingly, that an influx of new, most- see a decline in wages for average who was then a senior policy analyst of ly lower skilled workers will raise Americans out looking for jobs. La Raza, led the charge to undo these wages. This is a conclusion not sup- The President’s own economic ad- enforcement provisions. So the person ported by any credible academic evi- viser, Gene Sperling, former Director chosen by President Obama to be the dence or even the Congressional Budget of the National Economic Council, rec- Director of the Domestic Policy Coun- Office’s own report analyzing the mas- ognized this, saying recently that ‘‘our cil and who has been given the responsive Senate immigration bill. The CBO economy still has three people looking sibility to deal with immigration, use concluded the bill would add 46 million for every job,’’ three people for every to work for La Raza where she sought mostly lesser skilled legal immigrants job. Majority Leader REID has cited to undo enforcement. by 2033 and that average wages would that statistic on the Senate floor as Ms. Munoz authored a report for La fall for one dozen years if it were to be- well. Raza entitled ‘‘Unfinished Business: come law and unemployment would in- So this Senate passes a comprehen- The Immigration Reform & Control crease and per capita GDP—growth in sive immigration bill that doubles the Act of 1986.’’ In that report she argued America—would decline, I think for 20 number of guest workers. Don’t think that Congress had a moral obligation years. these are workers who are going to to ‘‘repeal employer sanctions’’ and And, apparently the House of Rep- work seasonal jobs in agriculture. They that workplace enforcement is ‘‘inher- resentatives is considering proposals to will be able to move throughout this ently discriminatory.’’ bring in hundreds of thousands of guest country and take jobs from wherever, Now think about that. The person workers at a time when we are talking providing businesses with a ready the President has chosen, who is sup- about extending unemployment for source, a new source of additional labor posed to be helping us create a lawful Americans who can’t get jobs. that helps keep the labor market loose. system of immigration in the United Dr. George Borjas at Harvard has My amendment, the Accountability States, has as her prior effort written a found that high immigration levels through Electronic Verification Act, is paper that says basically it is a moral from 1980 to 2000 resulted in an 8-per- a proven way to help out-of-work requirement of America to repeal any cent drop in wages for American work- Americans. This legislation was intro- employer sanctions. This is the men- ers without a high school degree. Let duced in this Congress by Senator tality running our government today; that it is morally wrong to say to em- me repeat that. This is Professor GRASSLEY and cosponsored by myself ployers they should only hire people Borjas at Harvard, raised in Cuba and and Senators BOOZMAN, CORKER, ENZI, lawfully in our country. She went on to immigrated to America. He is perhaps FISCHER, HATCH, JOHANNS, LEE, VITTER, say that any kind of workplace en- the most authoritative academic in the and WICKER. So we have offered legisla- forcement—apparently in which our world on immigration and its effect on tion to deal with this, and I have of- employers would be disciplined or pun- wages and the labor force. He found fered it as an amendment to this unem- ished if they violate the law—is inher- that high immigration levels from 1980 ployment insurance legislation, but I ently discriminatory. to 2000—and he studied that carefully, have been told it will be blocked. We Because identity theft and counter- using census and other data—resulted will not get a vote. The leader has feit documents became a thriving in- in an 8-percent drop in wages for Amer- filled the tree. dustry after the 1986 amnesty, Congress What this proposal would do is it ican workers without a high school de- created an E-Verify program in 1996. gree. Eight percent is a lot. It is sev- would create some jobs for Americans In 1996, after realizing this was turn- eral hundred dollars a month for a per- who are out of work. It absolutely ing into a joke—nobody was following son who didn’t graduate from high would. It would work, and it would im- the intent of Congress and anybody school. Actually, it is about $250 a mediately help create jobs. That is why could produce false documents—Con- month. So there is a reason workers the establishment doesn’t want to see gress passed a law which said we would who are earning $30,000 and less support it happen, if you want to know the end this game and create a system that a reduction in net immigration levels truth. would work. Employers required to use by a 3-to-1 margin. Working people The legislation would permanently E-Verify today include the Federal know what is happening out there. authorize and expand the E-Verify Pro- government, certain Federal contrac- They know their wages are going down. gram. That is a simple Web-based tool tors and employers of certain immi- They know particularly lower skilled that allows employers to maintain a grant students. The program for other people, some young people who didn’t legal workforce by verifying the work employers is voluntary and free for get to graduate from high school or eligibility of employees. E-Verify them to use, and it has been very suc- who got in trouble, are not having works by checking data against records cessful throughout the country by any much success at all. maintained by the Department of who use it. Average household income has fallen Homeland Security and the Social Se- According to U.S. Citizenship and steadily since 1999, and only 59 percent curity Administration. It is quick and Immigration Services, in fiscal year of U.S. adults are now working. Afri- easy. An employer simply puts in a So- 2012, 98 percent of queries resulted in a can-American youth looking for work cial Security number, it runs against confirmation of work eligibility imme- cannot find jobs. We don’t have a the Social Security database, and an diately or within 24 hours. So most of shortage of workers in this country— employer receives an answer as to them overwhelmingly immediately ac- we do not have a shortage of workers whether this person is a lawful appli- cess the computer system, put in a So- in this country. We have a shortage of cant for a job. cial Security number and other data jobs. That is a fact. Although in 1986 Congress made it they require, hit the computer button, Some might ask: How can you be so unlawful—in 1986—for an employer to and it quickly comes back. On a few oc- sure of that, Senator? I believe in the knowingly hire or employ illegal casions there is a question and it may free market, and I tell the chamber of aliens, these laws have never been ef- take up to 24 hours. commerce and the big hotel magnates, fectively enforced. They just have not. It is not slowing down employment, if we have a shortage of workers, why They have gotten comfortable with it is not a big burden on employers, aren’t wages going up? Wages are going this, not having it enforced. Under cur- and it protects them from being ac- down. We don’t have a tight labor mar- rent law, if the documents provided by cused of deliberately hiring illegal

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1911 aliens if the report comes back that form legislation that is going to fix our rative: soon after E-Verify laws are adopted, the Social Security number matches. immigration policies—one of the workers drop off employer payrolls and, in a According to a January 2013 USCIS things I have observed is that whatever number of industries, new hires fill those va- customer satisfaction survey, E-Verify cant positions. The robustness of this effect works is what gets objected to. If some- reinforces the likelihood that this phe- received an 86 out of 100 in the Amer- one offers a bill which appears to work nomenon is due to something other than ican customer satisfaction index but doesn’t work, that will pass. E- chance. scale—19 points higher than the cus- Verify has been proven and will work Our goal must be to help struggling tomer satisfaction rating for the over- to deter employers from hiring illegal Americans move from dependency to all Federal Government. workers, and will help put Americans independence, to help them find steady There is no objection to this. The back to work. That is why we appar- jobs with rising pay, not falling pay. only objection to it is by certain busi- ently don’t have any ability to get it Making E-Verify permanent and re- ness lobbyist groups and certain activ- up for a vote. A number of States have quiring all employers to use it is one ist immigration groups who don’t want enacted E-Verify laws, and it is work- simple thing we can do to work to- it to work, and they want to keep other ing in those States with great results. wards that goal. businesses from using it because it does According to a 2013 Bloomberg gov- Let me just say, the E-Verify system in fact identify people in the country ernment study entitled ‘‘Early Evi- is already established. The system is in who are not allowed to take jobs and it dence Suggests E-Verify Laws Deter place. It can accommodate the increase would keep them from receiving these Hiring of Unauthorized Workers’’: in inquiries. It is all a computer sys- jobs. Soon after E-Verify laws were signed in Ar- tem. It is all done virtually instantly. This legislation would make the pro- izona, Mississippi, Alabama, and South Caro- It is not as if we have to create a new gram mandatory for all employers lina, unauthorized workers in specific indus- system or add tens of thousands of peo- within 1 year of enactment of the law. tries appeared to drop off employer payrolls. ple to make it work. The system is al- This legislation would also increase This prompted employers in many cases to ready working and it can handle larger penalties for employers who do not use fill positions with authorized workers, Amer- ican workers who are here lawfully, maybe a numbers. the system when it is mandated or con- Our policy cannot be to simply rel- tinue to illegally hire undocumented young 22-year-old African American who needs a job, would like to get married, egate more and more of our citizens to workers. dependence on the government for as- Employers would be required to maybe raise a family. sistance while importing a steady check the status of current employ- With respect to my State of Ala- stream of foreign workers to fill avail- ees—but within 3 years—and would be bama, the Bloomberg study says: able jobs. That is not in the interest of permitted to run a check prior to offer- Employment trended lower immediately after the law was enacted. Employers then this country or our people. ing someone a job. In other words, they I would just like to add that Senators can run a check before they actually added more crop production workers in the GRASSLEY, LEE, VITTER, ENZI, BOOZ- offered a job and determine whether months before [the law] took effect, when MAN, and HATCH are cosponsors of this the person was lawfully able to take compared with the same period the year before. That growth in production jobs was amendment. We know what is being the job. This could help them a lot. among the largest in the nation. This study said out there. We are being told that Employers would also be required to hypothesizes that authorized hires probably recheck those workers whose author- Americans won’t work, they are not filled the jobs of unauthorized workers who looking for jobs, and that businesses ization is about to expire, such as those had left the state. who come to the United States on tem- can’t hire. The Bloomberg study on Isn’t that what we would like to see? how the E-Verify system has been im- porary work visas. Wouldn’t we ask people to come to the This legislation would require em- plemented indicates quite different. country lawfully? We admit 1 million ployers to terminate the employment According to a report on Syra- people a year for permanent residence of those found unauthorized to work cuse.com on January 8, 2014: on a guaranteed path to citizenship ab- due to a check through E-Verify, and In Syracuse [New York], thousands showed sent serious criminal activity. We are would reduce employers’ potential li- up for the Destiny USA job fair on June 14, generous about immigration. Make no 2012. More than 50 employers interviewed ability for wrongful terminations if mistake about it. But we do need to candidates for roughly 1,600 jobs. they participated in E-Verify. The legislation would establish a make sure that people who don’t follow On January 29, 2013, a Fox affiliate in demonstration project in a rural area the law, don’t wait their turn, don’t Atlanta reported: or an area without substantial Internet meet the requirements of American Northside Hospital held a job fair Wednes- capabilities—although there are not immigration law—they shouldn’t be day, but had to call it off early due to the overwhelming number of people that showed many left—to assist small businesses able to come unlawfully and take jobs when Americans are out of work in up looking for work. The hospital was hoping in complying. to fill 500 jobs. The legislation also addresses iden- record numbers. Regarding South Carolina’s law, the On May 17, 2013, news outlets in tify theft concerns by ensuring that Philadelphia reported: the Social Security Administration study found this: More than 3,700 job seekers overwhelmed The number of crop production workers catches multiple uses of Social Secu- the Municipal Services Building in Center fell. . . . And then hiring surged as the law rity numbers—different people using City for a job fair Friday morning intended took effect in 2012. Farmers say they added the same social number to get jobs for ex-offenders. . . . The city anticipated a workers because their normal labor supply with a fake document and a false So- big crowd and therefore doubled the staff to vanished. cial Security number. handle the responses, but the crowd was still And for victims of identity theft, this The study also found that: too big to handle, forcing the event to be legislation would amend the Federal [t]he state’s commercial bakery industry cancelled and leaving hundreds on the plaza criminal code to clarify that identity had been losing workers, then gained them outside. fraud is punishable regardless of as E-Verify took effect. We need to help ex-offenders find whether the defendant had knowledge So people who were unlawfully there jobs. I am aware of a major corporation of the victim. So this provision ad- couldn’t get past E-Verify. It exposed in Alabama, in talking to a Federal dresses a 2009 Supreme Court decision them as being unlawful, and the busi- judge recently, which said they will holding that identity theft requires nesses lost workers. But then they start taking a chance on former offend- proof that the individual knew the hired people back, and the people they ers. Properly examined and picking the number being used belonged to an ac- hired back were lawful workers—either right ones, they found out they are tual person. here as immigrants lawfully or native doing fine. We shouldn’t be denying E-Verify has been proven to deter born. young people—particularly young employers from hiring illegal workers The study, which is based on research men—who may have gotten in trouble and will help put Americans back on from the Pew Hispanic Center, goes on at a younger age ever being able to the payrolls. to say this: have a job. One of the goals this coun- Since I have seen legislation move [t]he abrupt shifts in employment across try has to have is to help our ex-offend- through Congress—comprehensive re- multiple industries convey a similar nar- ers in employment.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1912 CONGRESSIONAL RECORD — SENATE April 1, 2014 On May 20, 2013, the New York Times more than Medicare. Those programs erated from a death row crime through reported in an article entitled, ‘‘Camp- are not working well. They need to the use of DNA evidence. The program ing out for five days, in hopes of a come together in a coherent whole named for Mr. Bloodsworth provides union job,’’ the following: with a unified vision. The vision should grants to States for testing in those The men began arriving last Wednesday, be to help people who are in stressful criminal cases like Mr. Bloodsworth’s first a trickle, then dozens. By Friday there circumstances; help them aggressively, where someone has been convicted but were hundreds of them, along with a few in a practical, realistic way; put them where significant DNA evidence was women. They set up their tents and mat- in a job-training program that would not tested. The Justice for All Reau- tresses on the sidewalk in Long Island City, Queens . . . and settled in to wait as long as allow them to take a job. We could eas- thorization Act of 2013 expands State five days and nights for a slender chance at ily do that with the money we are access to post-conviction DNA testing a union job as an elevator mechanic. . . . spending now. We would have more funds by restricting the evidence pres- There were more than 800 by sun-up Monday. Americans working and off the welfare ervation conditions set for this pro- . . . The union accepts 750 applications for rolls. We would save billions of dollars gram to felony cases, which is a more the 150 to 200 spots in its four-year appren- at the same time. They would make attainable goal for States. ticeship program. more money, be more fulfilled, have This legislation also takes important There are more examples, and I could more self-respect, and reduce the budg- steps to ensure that all criminal de- go on. But I do believe this idea that et deficit at the same time. fendants, including those who cannot Americans won’t work is not correct. If I thank the Chair and yield the floor. afford a lawyer, receive effective rep- we take a person who has been unem- I note the absence of a quorum. resentation. It requires the Depart- ployed for a while and place them in a The PRESIDING OFFICER. The ment of Justice to assist States in de- position where the labor is physical, it clerk will call the roll. veloping an effective and efficient sys- takes a while to get in shape. If you are The legislative clerk proceeded to tem of indigent defense. I know as a going to play ball, it takes a while to call the roll. former prosecutor that the system only get in physical condition. People going Mr. REID. Mr. President, I ask unan- works as it should when each side is into the Army are not expected to imous consent that the order for the well represented by competent and meet the physical fitness test the first quorum call be rescinded. well-trained counsel. week. They build up to it. The PRESIDING OFFICER (Mr. DON- The bill also asks States to produce Businesses have to participate in this NELLY). Without objection, it is so or- comprehensive plans for their criminal effort, too. Businesses need to under- dered. justice systems, which will help to en- stand they are not entitled and cannot f sure that criminal justice systems op- expect—for the government of the erate effectively as a whole and that United States to produce perfectly fit, MORNING BUSINESS all parts of the system work together well-trained people for every single job Mr. REID. Mr. President, I ask unan- and receive the resources they need. they would like to fill. Sometimes they imous consent that the Senate proceed The bill reauthorizes and improves have to hire people, train them on the to a period of morning business, with key grant programs in a variety of job, let them work into it and learn the Senators allowed to speak therein for areas throughout the criminal justice skills on the job. It is some new idea, up to 10 minutes each. system. Importantly, it increases au- apparently, that businesses have to The PRESIDING OFFICER. Without thorized funding for the Paul Coverdell have so much training. We certainly objection, it is so ordered. Forensic Science Improvement Grant need to use the job-training programs f program, which is a vital program to in this country to more effectively assist forensic laboratories in per- JUSTICE FOR ALL train workers for real jobs out there. It forming the many forensic tests that REAUTHORIZATION ACT is a valid criticism of our trade schools are essential to solving crimes and and some of our community colleges Mr. LEAHY. Mr. President, last prosecuting perpetrators. that they are not focusing on reality. week, I called on members of the Sen- We need to continue the bipartisan But my State has done a great job—a ate to come together and support reau- work that has been done. During the far better job than in most States—and thorization of the Justice for All Act, a Judiciary Committee mark-up we I saw a report recently about how Mis- bipartisan law that increased resources unanimously adopted amendments be- sissippi is doing an excellent job. I be- devoted to DNA and other forensic fore passing the bill, one from Senator lieve our program is at least as effec- technology, established safeguards to DIANNE FEINSTEIN, and one from Sen- tive, if not better. So we are doing bet- prevent wrongful convictions, and en- ator JEFF FLAKE. Both amendments ter. But businesses have always had to hanced protections for crime victims. strengthened rights for crime victims, bring people into their workplaces and The bipartisan bill to reauthorize this and added to the comprehensive im- train them to handle the physical chal- historic law was reported unanimously provements contained in the bill. lenges that some jobs require. by the Senate Judiciary Committee I thank Senators COONS, UDALL of Madam President, I thank the Chair last fall. Every Senate Democrat has New Mexico, MCCONNELL, KLOBUCHAR, for an opportunity to share these re- cleared the way for passage of this im- FRANKEN, PORTMAN, FEINSTEIN, HATCH, marks. I am disappointed that when we portant measure, and I hope Senate Re- SCHUMER, LANDRIEU, BURR, COLLINS, are talking about unemployment in publicans will soon follow suit so that BENNET, and SHAHEEN for their support America, we have a Congress and a we can take one step closer to reau- as cosponsors of this bill. Senate refusing to even allow this thorizing this law that protects and I am glad to be partnering with Sen- amendment to come up for a vote. supports victims of crime. ator JOHN CORNYN on this legislation. Without a doubt it would work, be fair, The programs created by the Justice We have done important work in the and would simply make it more dif- for All Act have had an enormous im- Judiciary Committee to support law ficult for people who are not here law- pact, and it is crucial that we reau- enforcement and victims of crime. Last fully, who shouldn’t be able to get jobs thorize them. The legislation strength- week, he and I introduced sweeping leg- in America—would make it more dif- ens important rights for crime victims, islation to improve the use of forensic ficult for them to get that job, freeing reauthorizes the Debbie Smith DNA evidence in criminal cases. The Crimi- that position up for unemployed Amer- Backlog Grant Program, seeks to im- nal Justice and Forensic Science Re- icans who need to get in the workforce prove the quality of indigent defense, form Act helps ensure that forensic and off the welfare rolls. That is the and increases access to post-conviction labs throughout the Nation operate ac- goal. DNA testing to help protect the inno- cording to the highest standards, and We have a huge number of welfare cent. that State and local labs have the re- programs. We spend $750 billion a year The reauthorization legislation also sources they need. Both that measure on means-tested programs to help peo- strengthens the Kirk Bloodsworth Post and the Justice for All Reauthorization ple who are lower income, and that is Conviction DNA Testing Grant Pro- Act of 2013 are important priorities to 50 percent more than the defense budg- gram. Kirk Bloodsworth was the first support our criminal justice system et, more than Social Security, and person in the United States to be exon- and law enforcement.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1913 We must stand behind these bipar- There being no objections, the article another missed shot, CCH senior Parker Kel- tisan efforts, and I urge Senate Repub- was ordered to be printed in the ler made two free throws, then Heppler licans to join all Senate Democrats in RECORD, as follows: scored the final points of the season on a fast-break layup. supporting passage of the Justice for [From the Cincinnati Enquirer, ‘‘We just played better defense, tried to All Reauthorization Act of 2013. Mar. 24, 2014] lock them down,’’ Heppler said. ‘‘That’s the f COVINGTON CATHOLIC REJOICES IN HISTORIC experience of this team with three senior BASKETBALL TITLE starters and Parker hitting those huge free COVINGTON CATHOLIC COLONELS throws at the end. It’s a team game. Every- (By James Weber) Mr. MCCONNELL. Mr. President, I body can score. Most teams around the state believe my Senate colleagues are well LEXINGTON.—Ben Heppler stood at center don’t have five guys who can guard every- court on the Rupp Arena floor and kept look- body, so that works to our advantage.’’ aware of how seriously we take our col- ing around at the all the chaos and celebra- lege basketball in my home State of Ruthsatz had 25 points and five assists. tion around him. Schult had 12 points and six rebounds. Kentucky. The Kentucky High School Chaos, celebration and cheer, same first Heppler scored eight with a pair of treys. Athletic Association, KHSAA, State letters as Covington Catholic Colonels, who Freshman guard Cole VonHandorf had nine Basketball Championship has been were celebrating their first state basketball points, and Schuh posted 12 rebounds. played every year since 1918 and is championship March 23. One of VonHandorf’s chief tasks was guard- truly a special event. ‘‘I’m trying to soak it all in,’’ Heppler said. ing Scott County star guard Trent Gilbert, Kentucky is one of three States that ‘‘I’ll remember this for the rest of my life.’’ who came in averaging 26 points per game. does not divide its schools into classes Cov Cath outlasted Scott County in over- The Mr. Basketball finalist, who is getting based on size—that means one State, time, 59–51 Sunday afternoon, March 23, at interest from several Division I schools, only scored 10 points on 4-of-25 shooting. Cov Cath one tournament, and only one cham- the University of Kentucky’s historic basketball arena. It was the third title in North- rotated several defenders on him and often pion. Teams that advance out of their ern Kentucky history, and the second in the double-teamed him in the backcourt. district tournaments play in one of six- past six tournaments by a Ninth Region ‘‘We just tried to pressure him as much as teen regional tournaments—the win- team (Holmes, 2009). It was also the first in possible, because we knew he’s a great shoot- ners of which advance to play in the Cov Cath history in its ninth trip to the er,’’ Scott Ruthsatz said. ‘‘You can never KHSAA Sweet Sixteen in Lexington’s Sweet 16. leave him open. We had a hint of the way he legendary Rupp Arena. ‘‘It’s incredible,’’ said senior forward Mark likes to go and shoot, and we tried to keep This year, over 14,000 fans packed the Schult. ‘‘You dream of it, as a little kid, fresh guys on him.’’ going out and winning your last game, and The fatigue may have hand in two crucial stands for the championship game and foul-shot misses by Gilbert. A 91-percent watched Covington Catholic High it’s hard to believe we actually did it.’’ The Colonels finished with a 33–2 record. shooter for the year, Gilbert made 28 in a School defeat Scott County in an over- After losing to Holmes in the 35th District row in the Sweet 16. However, he missed the time thriller. I rise today to pay trib- final, the Colonels won seven straight games. front ends of two one-and-one situations late ute to the players, coaches and fans of They trailed in the second half in three of in regulation. ‘‘I love stepping up and being able to shut the 2014 champions—the Covington the four state tourney games. him down,’’ VonHandorf said. ‘‘They told me With a veteran team and most of the stu- Catholic Colonels. if I shut him down, we win. I tried my best. dent body in attendance as the Colonel For the Colonels, led by head coach He’s a great player; I’ll give him so many Crazies, it was a great day for Covington Scott Ruthsatz, the road to the props. I can’t wait to see where he goes next Catholic. school’s first-ever title was not easy— year. (Assistant coach) Joe Fredrick told me ‘‘It’s so special,’’ said head coach Scott it seldom is in this grueling, statewide all of his moves, I had them all down, I felt Ruthsatz. ‘‘You have to look at the adminis- I could play him fairly well.’’ tournament. Covington Catholic found tration on down, what they’re doing at Cov- themselves down in the second half in ington Catholic. You have to give so much f three out of their four Sweet Sixteen credit to the Crazies. Our Colonel Nation BUDGETARY REVISIONS games—including the championship. really supported us, and not just this game, The players never gave up hope, all season long. Being the first winner of it, Mrs. MURRAY. Mr. President, sec- though. On his team’s 27 to 18 halftime it feels fantastic.’’ tion 114(d) of H.J. Res. 59, the Bipar- deficit in the championship game, Said Heppler: ‘‘It’s really special to be the tisan Budget Act of 2013, allows the tournament MVP Nick Ruthsatz— first ones and hang that first banner up chairman of the Senate Budget Com- Scott’s son—said coolly, ‘‘We’ve been there. We’ve always had that empty spot and mittee to revise the allocations, aggre- since Coach Ruthsatz’s first day we said we gates, and levels filed on January 14, in this position before and we knew we would be the ones to put it up there. The 6 could pull through.’’ 2014, pursuant to section 111 of H.J. a.m. workouts in the summer, playing in the Res. 59, for a number of deficit-neutral As it turned out, Nick’s confidence gym all those times, it paid off.’’ was not misplaced. The Colonels Cov Cath’s fitness and toughness in adver- reserve funds. These reserve funds were stormed back, tying the game at 47 sity paid off against the experienced Car- incorporated into the Bipartisan Budg- with only 50 seconds to go, and sending dinals, who were seeking their third state et Act by reference to sections of S. the game into overtime. In the extra title (35–4). After an early 9–3 lead, Cov Cath Con. Res. 8, the Senate-passed budget period, it was the Colonels staunch de- was on the wrong end of a 22–4 run and resolution for 2014. Among these sec- fense and clutch free throws that pro- trailed 27–18 at halftime. Scott had three 3- tions is a reference to section 302 of S. pointers in a 70-second span by junior Hines pelled them to a 59 to 51 victory. Con. Res. 8, which, in subsection (c), es- Jones, who averaged four points a game for tablishes a deficit-neutral reserve fund The 97th KHSAA Basketball Cham- the year. Forward Tony Martini had Scott’s pionship, like so many before it, was an first five points and posted 17 points and 16 for unemployment relief. The author- excellent display of athletic ability as rebounds for the game. Cov Cath shot just 6- ity to adjust enforceable levels in the well as sportsmanship. This tour- of-22 in the first half, several of those misses Senate for unemployment relief is con- nament would not be what it is without coming from around the rim. tingent on that legislation not increas- the efforts of the players, coaches, ‘‘We’ve been in this situation before and we ing the deficit over either the period of fans, and teachers of all the partici- knew we could pull through,’’ Nick Ruthsatz the total of fiscal years 2013 through pating schools. They are all worthy of said. ‘‘We knew eventually we would start 2018 or the period of the total of fiscal hitting some, and the fourth quarter we just our praise. years 2013 through 2023. buckled down. All the conditioning through I find that amendment 2874, the However, in Kentucky, there can the summer pulled us through.’’ only be one champion. Thus, I ask that Cov Cath trailed by four points, 47–43, with Emergency Unemployment Compensa- my Senate colleagues join me in con- 1:33 to go. Ruthsatz tied the game with a pair tion Extension Act of 2014, to H.R. 3979 gratulating the Covington Catholic of foul shots with 51 seconds to play. fulfills the conditions of the deficit- Colonels on winning the 2014 KHSAA Ruthsatz gave Cov Cath its first lead since neutral reserve fund for unemployment State Basketball Championship. 9–8 early in OT, then tied the game at 51 with relief, including not increasing the def- An article was recently published in 2:16 to play. A tip-in by junior Bo Schuh gave icit over either of the 2013 through 2018 the Cincinnati Enquirer chronicling the Colonels the lead for good with 1:46 to or 2013 through 2023 budget windows. play. Covington Catholic High School’s After three missed shots by the Cardinals Therefore, pursuant to section 114(d) of championship win. I ask unanimous on their next possession, Ruthsatz grabbed H.J. Res. 59, I am adjusting the budg- consent that the full article be printed the rebound and made two foul shots with 57 etary aggregates, as well as the alloca- in the RECORD. seconds to play to make it 55–51. Following tion to the Committee on Finance.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1914 CONGRESSIONAL RECORD — SENATE April 1, 2014 I ask unanimous consent that the fol- would be available to the general pub- final rule for the CHGME Payment lowing tables detailing the revisions be lic on the HUD website and whether it Program, the Department of Health printed in the RECORD. would be available in a searchable, and Human Services, HHS, wrote, ‘‘The There being no objection, the mate- standard electronic format. intent of the CHGME Act is to create rial was ordered to be printed in the This is the second time HUD has re- parity in GME payments among all RECORD, as follows: quested salary and compensation data hospitals providing GME. It is clear from the 3100 housing authorities that primarily two factors cause this BUDGETARY AGGREGATES across the United States. HUD first re- disparity in children’s hospitals: (1) low [Pursuant to section 111 of the Bipartisan Budget Act of 2013 and section quested data for the top five wage earn- Medicare utilization; and (2) Prospec- 311 of the Congressional Budget Act of 1974] ers in August 2011. At that time, I re- tive Payment System (PPS)-exempt $s in millions 2014 2014–18 2014–23 quested that this data be made avail- status.’’ able to the general public. HUD stated The CHGME Payment Program has Current Budgetary Aggre- gates:* in a December 2011 letter: made considerable progress in achiev- Spending: This information will be posted on a HUD ing parity in GME payments, increas- Budget Authority .... 2,928,080 n/a n/a ing the number of pediatric training Outlays ...... 2,939,218 n/a n/a website, consistent with applicable law. We Revenue ...... 2,311,031 13,699,529 31,095,846 are now in the process of collecting this in- positions at participating children’s Adjustments Made Pursuant to hospitals. However, a small number of section 114(d) of the Bipar- formation for the first time, and expect that tisan Budget Act: ** it will be posted during the first quarter of freestanding children’s teaching hos- Spending: the year. pitals remain ineligible for the pro- Budget Authority .... 9,875 n/a n/a Outlays ...... 9,875 n/a n/a Despite HUD’s pledge, the full set of gram. In 2003, Senate Committee on Revenue ...... 1,632 15,668 8,469 Appropriations noted the following: Revised Budgetary Aggregates: data has never been posted on the De- Spending: partment website. Instead, it only It has come to the Committee’s attention Budget Authority .... 2,937,955 n/a n/a posted three pages of aggregate data in that a limited number of freestanding Outlays ...... 2,949,093 n/a n/a perinatal hospitals and children’s psy- Revenue ...... 2,312,663 13,715,197 31,104,315 June 2012, and HUD didn’t provide the full set of data to my office until May chiatric hospitals have been excluded from n/a = Not applicable. Appropriations for fiscal years 2015–2023 will be participation in this program despite the determined by future sessions of Congress and enforced through future Con- 2013, nearly 2 years after the data col- gressional budget resolutions. fact that these teaching institutions are not * The budgetary aggregates were previously adjusted on January 30, lection process was initiated. eligible for Graduate Medical Education 2014, for H.R. 2642, the Agriculture Act of 2014. HUD is aware of the impact this data funding under Medicare. The Committee ex- ** Adjustments made pursuant to section 114(d) of the Bipartisan Budget Act of 2013, which incorporates by reference section 302 of S. Con. Res. 8, can have when made available to the pects [the Health Resources and Services Ad- as passed by the Senate. Section 302(c) establishes a deficit-neutral reserve public. Shortly after the compensation ministration (HRSA)] to explore the appro- fund for Unemployment Relief. information was requested in 2011, Con- priateness of including these hospitals in the gress imposed a 1 year salary cap for Children’s Hospitals Graduate Medical Edu- REVISIONS TO THE BUDGET AUTHORITY AND OUTLAY cation Program and to offer recommenda- ALLOCATIONS TO THE COMMITTEE ON FINANCE all housing authority executives. Hous- tions that might allow for their inclusion. ing authorities are now using Federal [Pursuant to section 111 of the Bipartisan Budget Act of 2013 and section Senate Report 108–81. 302 of the Congressional Budget Act of 1974] funding not covered by the salary cap HRSA responded in a 2004 report to to continue paying large salaries and Committee on Finance Congress which concluded that address- compensation packages. The coming this eligibility issue would require $s in millions Current Adjust- Revised pensation data currently being col- allocation ments * allocation Congress to amend the statue gov- lected would shed light on this practice erning the CHGME Payment Program. Fiscal Year 2014: and should be posted on the HUD Budget Authority ...... 1,311,988 9,875 1,321,863 S. 1557 addresses this long-standing Outlays ...... 1,304,815 9,875 1,314,690 website as soon as possible. issue. The reauthorization legislation Fiscal Years 2014–2018: f Budget Authority ...... 7,664,235 9,875 7,674,110 authorizes the Secretary of the Depart- Outlays ...... 7,646,654 9,245 7,655,899 CHILDREN’S HOSPITAL GME ment of Health and Human Services, Fiscal Years 2014–2023: HHS, to make available up to 25 per- Budget Authority ...... 19,084,627 9,875 19,094,502 SUPPORT REAUTHORIZATION Outlays ...... 19,067,886 8,425 19,076,311 cent of CHGME appropriations that ex- Mr. WHITEHOUSE. Mr. President, I ceed $245 million for ‘‘qualified hos- * Adjustments made pursuant to section 114(d) of the Bipartisan Budget rise on behalf of my colleagues, Sen- Act of 2013, which incorporates by reference section 302 of S. Con. Res. 8, pitals’’ that: (1) have a Medicare pay- as passed by the Senate. Section 302(c) establishes a deficit-neutral reserve ators HARKIN, ALEXANDER, CASEY and fund for Unemployment Relief. ment agreement and are excluded from ISAKSON to submit the following state- Medicare inpatient hospital prospec- f ment for the RECORD. tive payment system; (2) have inpa- On October 30, 2013, the Health, Edu- EXECUTIVE CALENDAR OBJECTION tients that are predominantly individ- cation, Labor, and Pensions Committee uals under 18 years of age; (3) have an Mr. GRASSLEY. Mr. President, I in- unanimously reported the Children’s approved medical residency training tend to object to any unanimous con- Hospital GME Support Reauthorization program; and (4) are not otherwise eli- sent request at the present time relat- Act of 2013, S. 1557, out of Committee. gible to receive payments from the ing to the nomination of Katherine M. On November 12, 2013, the Senate CHGME Payment Program or the O’Regan to be an Assistant Secretary passed S. 1557 by unanimous consent. Medicare program. The total amount of Housing and Urban Development. This legislation is the product of the Secretary can make available for Every year, the Department of Hous- years of bipartisan negotiation, a proc- these purposes in any fiscal year is lim- ing and Urban Development provides ess which resulted in broad Senate sup- ited to $7 million, thus ensuring that billions of dollars to public housing au- port for the Act. The list of original adequate resources remain available thorities but provides little oversight Senate cosponsors for S. 1557 dem- for the children’s hospitals that cur- for how the money is spent. Many onstrates this point. This list includes rently participate in the program. housing authority directors are more Senators CASEY, ISAKSON, HARKIN, The Children’s Hospital GME Sup- concerned with padding their own nests ALEXANDER, BLUMENTHAL, BLUNT, port Reauthorization Act provides the instead of providing safe, affordable BROWN, KIRK, MURPHY, REED, ROBERTS, Secretary with the necessary authority housing for people in need. One way to WARREN, and WHITEHOUSE. to address the disparity in GME pay- change this is to make detailed spend- Prior to the enactment of the Chil- ment facing certain children’s teaching ing information available to the gen- dren’s Hospital Graduate Medical Edu- hospitals. These changes are in keeping eral public. cation, CHGME, Payment Program, with the intent of the CHGME Pay- I will object to Ms. O’Regan’s nomi- there was significant disparity in fed- ment Program. As such, these hos- nation because I have not yet received eral graduate medical education, GME, pitals should have the opportunity to a response to my February 14, 2014 let- support between adult teaching hos- apply for support through the CHGME ter to HUD Secretary Shaun Donovan pitals and children’s teaching hos- Payment Program in order to sustain regarding HUD’s effort to collect Pub- pitals. In 1998, children’s hospitals re- and build their teaching programs, and lic Housing Authority salary and com- ceived less than 0.5 percent of the level ultimately increase the supply of pensation data for calendar year 2013. of federal GME support that adult much-needed pediatricians and pedi- Specifically, I asked when the data teaching hospitals received. In the 2001 atric specialists. We urge the Secretary

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1915 to weigh these benefits in using the Exchange Commission, SEC, is simi- FINRA, should explore potential solu- new authority under S. 1557 should larly looking into potentially improper tions that would ensure technology is funding be available. relationships between exchanges and employed in a way that encourages f HFT firms. New York Attorney Gen- competition and innovation, while also eral Eric Schneiderman has labeled increasing the transparency and integ- HIGH-FREQUENCY TRADING certain pernicious HFT practices as rity of the markets. Mr. MCCAIN. Mr. President, after the ‘‘Insider Trading 2.0’’ and launched in- Congress should keep a watchful eye financial crisis in 2008, its root causes vestigations into practices such as co- on developments in this field—I cer- and the resulting taxpayer-funded bail- location, which permits trading firms tainly will. Federal regulators and law out; increasingly opaque trading ac- to be geographically advantaged over enforcement should continue to hold tivities that now dominate all stock- competitors, and other arrangements accountable those actors and institu- trading volume in the U.S.; a string of that permit early access to market- tions that cross the line into illegality, high-profile convictions of hedge-fund moving information. Just yesterday, market-manipulation, and acting on managers and equity analysts; and the Federal Bureau of Investigation, non-public information. Whatever pol- global settlements with investment FBI, disclosed that it was also looking icy solutions are pursued, they must banks involving every assortment of into related matters. both enhance the functionality of the ‘‘whale’’ and dodgy tax-avoidance Congress, as well as regulators at the market and restore public trust and scheme, many Americans are now of SEC and CFTC should fully investigate confidence in Wall Street. Industry, the view that Wall Street is no longer these issues and pursue proposals that specifically traders and exchanges, a vehicle for the creation of invest- can minimize systemic risk and bolster must focus on cooperation instead of ment capital or a reliable engine of trust in our markets. But we cannot ig- clamoring for speed in a race to the entrepreneurialism and economic nore the inherent limitations that bottom, which would only leave inves- growth that it has become the province exist in regulating an issue as complex tors in the dust and force consumers to of high-frequency and automated trad- as HFT. The technology and resources shoulder the burden of another finan- ers. As billionaire investor and long- readily available to trading firms eas- cial crisis. time HFT critic Mark Cuban admon- ily dwarf those available to our govern- f ished a few years ago, it has become a ment’s primary regulators. High-fre- platform to be exploited by every tech- quency traders have huge incentives to WORLD WAR II VETERANS VISIT nological and intellectual means pos- gain even the slightest edge through Mr. UDALL of Colorado. Mr. Presi- sible by whoever can afford them. speed and technology because the pay- dent, I wish to pay tribute to the out- At least that is the perception. offs can be exorbitant. For example, a standing military service of a group of It is exactly that perception that has company called Spread Networks re- incredible Coloradans. At critical fueled major public concern about rev- portedly spent $300 million to lay a times in our Nation’s history, these elations contained in Michael Lewis’ fiber-optic cable between Chicago and veterans each played a role in defend- new book, ‘‘Flash Boys: A Wall Street New Jersey to increase the time it ing the world from tyranny, truly earn- Revolt’’. Lewis’s book tells the story of took for information to make it from ing their reputation as guardians of the computer-driven world of high-fre- the futures market to the exchanges by peace and democracy through their quency trading, HFT, co-location and 3 milliseconds. That amount nearly service and sacrifice. Now, thanks to customized data. Indeed, Lewis’ nar- matches the entire operating budget of Honor Flight, these combat veterans rative appears to have struck a raw the CFTC for 2013. Policymakers, came to Washington, DC to visit the nerve among consumers, by confirming therefore, face an uphill battle in national memorials built to honor a latent belief and skepticism that which regulatory fixes quickly become those who served and those who fell. Wall Street is indeed an insider’s game obsolete as the trading firms’ ap- They have also come to share their ex- and that the public’s best interests are, proaches and algorithms adapt almost periences with later generations and to at most, an afterthought. as rapidly as information travels on pay tribute to those who gave their If true, Lewis’ claim that the market their fiber-optic cables. lives. I am proud to welcome them is rigged through variations of HFT Against this backdrop, industry must here, and I join with all Coloradans in could potentially affect everyone from see for itself an opportunity to self-reg- thanking them for all they have done institutional investors to any indi- ulate. Rather than hide behind self- for us. vidual who pays into a pension or mu- serving, arcane arguments that support I also want to thank the volunteers tual fund. a status quo that allows for front-run- from Honor Flight of Northern Colo- On HFT, one big issue is: how fair is ning and other unethical trading prac- rado who made this trip possible. These it for certain firms to line their trading tices, industry must gather-around volunteers are great Coloradans in systems up with data centers used by strong self-imposed, market-based so- their own right, and their mission to exchanges to let them shave-off mil- lutions to the uncertainty and poten- bring our veterans to Washington, DC, lionths of a second from every trans- tial harm created by HFT that ensure is truly commendable. action, front-run the market, drive-up fundamental fairness and transparency I wish to publicly recognize the vet- prices and profit accordingly, at the ex- in markets that are technologically erans who visited our Nation’s capital, pense of average investors who do not evolving at break-neck speed. Indeed, many seeing for the first time the me- enjoy that same capability. Another is: industry can either sit back and wait morials built as a tribute to their self- to what extent does HFT and so-called for regulators or Congress to address less service. Today, I honor these Colo- quick-draw trading expose the market these issues with a possibly detri- rado veterans on their visit to Wash- to undue risk-taking and potential in- mental outcome for all concerned, or it ington, DC, and I join them in paying stability like the 2010 ‘‘flash crash’’, in can be proactive in developing mean- tribute to those who made the ultimate which the Dow Jones dropped 9% in 20 ingful approaches that not only address sacrifice in defense of liberty. minutes, temporarily erasing $1 tril- the instant problem but also help re- Veterans from World War II include: lion in market value? store much-needed, long-overdue con- Donald Benson, Joe Blossom, Hobert These are questions that must be fidence in the integrity of the financial Bodkins, Robert Bueker, George Carl- taken seriously by policymakers; regu- markets. son, Wayne Clausen, Maurice Dragoo, lators; and, where warranted, law en- Some leaders in industry have re- Homer Dye, Karl Easterly, George forcement officials. Indeed, the Com- cently expressed support for reforms Flaig, Stuart Gordon, Dale Gruber, modities Futures Trading Commission, aimed at minimizing unfairness that Frank Gunter, Vern Hammond, Robert CFTC, is rightly examining arrange- stems from the ‘‘fragmentation and Henderson, Otto Hindman, Lawrence ments between HFT firms and ex- complexity’’ of trading. But more Jackson, John Jobson, Elvin Kahl, changes to determine whether insiders needs to be done: key exchanges, trad- Doward Kilmer, Thomas Kokjer, Ed- are receiving competitive perks, such ing firms, investors, banks, and self- ward Kooper, Raymond Kusmirek, as reduced rates, that could harm regulatory bodies such as the Financial Ralph Leckler, George Lichter, Lyle smaller investors. The Securities and Industry Regulatory Authority, Lukas, Alfred Marez, Richard

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1916 CONGRESSIONAL RECORD — SENATE April 1, 2014 Marquart, Maregito Martinez, LeRoy it forward in my family. It’s your lucky day! Stanley was also a longtime bene- Marx, Hugh McGinty, Damon Thank you for your service, Myles Eckert, a factor of the Cedars Sinai Medical Cen- McMahan, Robert Minnick, Allen Oak- Gold Star kid. ter, where he served on the Board of ley, Gerald Oakley, Vernon Rand, Ger- This story of Myles Eckert’s Directors, Executive Committee, and ald Rennels, Carol Rhoades, Elmer thoughtfulness was covered by news or- Advisory Council for the Arts. A pas- Rose, Donald Smith, Walter Sparrow, ganizations across the country. Myles sionate believer in the role that art can George Stager, Clarence Streit, Rich- was a guest on a national talk show play in the healing process, Stanley ard Tedesco Sr., Rueben Ulrich, How- and asked that any donations be given helped fill Cedars Sinai with art and ard Walter, Raymond Yost, Robert to the Snowball Express, a national brought joy to countless patients. Yost, Thomas Youree, and Joseph Zito. military children’s charity that hosts a Stanley Grinstein believed in living Veterans from the Korean war in- weeklong vacation around the holidays every moment to the fullest and inspir- clude: Charles Adams, Joseph Beaulieu, for Gold Star children—the military ing others to enjoy what he called ‘‘the David Beldus, John Bevins, James name for children who have lost a par- party of life.’’ Blue, William Cecil, Thomas Clements, ent in the line of duty. An initial I send my deepest condolences to Clifford Closson, Donald Dalton, Stan- $20,000 donation to the Snowball Ex- Stanley’s beloved wife Elyse; their ley Davies, Jerry Delcamp, Leonard press was made in Myles’ name, and a daughters Ayn Grinstein, Ellen Dickey Jr., Robert Eddy, Dale Dallas, TX, company offered to match Grinstein Perliter, and Nancy Erickson, Ann Evans, Lemuel Evans, every donation up to $1 million made Grinstein; sons-in-law Chuck Perliter Frank Faucett, Byron Foster, Kent through Memorial Day, 2014. and Neal Rabin; and six grandchildren Foutz, Jerry Galpern, Wayne Gibb, Myles Eckert did a simple act of Amanda, Joe, Alex, Willie, Tess, and Thomas Gordon, Oscar Haake, Doyle kindness and found out just how far Dia. I know they will truly miss this Hall, William Harte, William Hitch- ‘‘paying it forward’’ can go. Today, I marvelous man, as will I.∑ would like to recognize him for his cock, Claire Hoffman, Raymond Hor- f ton, Carl Houkom, Bennett Houston, heartfelt and noble act. TRIBUTE TO GLORIA MOLINA Eugene Johnson, Richard Kekar, f ∑ Marvin Kembel, Ralph Knoll, Tom ADDITIONAL STATEMENTS Mrs. BOXER. Mr. President, I am Mandis, George Mason, Alvin Mosch, pleased to pay tribute to my good Doyle Myers, Richard Oversteg, David friend Gloria Molina, who is serving Owen, Johnnie Prock, Duane Purcell, REMEMBERING STANLEY her 24th and final year on the Los An- Herbert Reimer, John Rinne, John GRINSTEIN geles County Board of Supervisors. Rust Jr., Darrel Schafer, Leonard ∑ Mrs. BOXER. Mr. President, today I Gloria is a trailblazer who has inspired Schmitz, Virgil Scott, Robert Scott, ask my colleagues to join me in hon- countless young women to pursue pub- Herbert Shevins, Wayne Small, Frank oring the life of Stanley Grinstein, a lic service, and she is retiring from of- Stiver, Robert Stoll, Bernard Streit, successful businessman, a patron of the fice at the end of this year after more Ernest Stumpf, Walter Sutton, Norman arts, a philanthropist, and a social ac- than three decades of extraordinary Swanson, Arthur Trevarton, Junior tivist. He was also a great friend of service on behalf of the people of Cali- Weisshaar, Raymond Williams, George mine, and I will miss him dearly. fornia. Willson, and Harry Wisell. Born in Seattle in 1927, Stanley Gloria Molina was raised in Pico Ri- Veterans from the Vietnam war in- moved to Los Angeles with his family vera, the eldest of ten children born to clude: Jerol Arguello, William Frank, and graduated from the University of a Mexican mother and Mexican-Amer- Allen Laible, Dennis Lee, Lonnie Southern California. He and his father ican father. A graduate of El Rancho Sebold, Allan Silk, Saxton Wiley, and started what would become a thriving High School, she worked full time as a Salvador Velasquez. forklift business that Stanley ran until legal secretary while attending college Veterans from the war in Afghani- he sold the company in 2000. and becoming certified as an adult edu- stan include: Zachary Dinsmore. In 1952, Stanley married Elyse, the cation instructor, teaching clerical Our Nation asked a great deal of love of his life. The couple began col- skills to adults at the East Los Angeles these individuals—to leave their fami- lecting art and soon became well- Skills Center. lies to fight in unknown lands and put known patrons of modern artists. Gloria entered government service as their lives on the line. Each one of In January 1966, Stanley joined fel- a staff member, first for these brave Coloradans bravely an- low art patrons Sidney Felsen and Ken Assemblymember Art Torres and later swered the call. They served our coun- Tyler to establish Gemini G.E.L., an for Assembly Speaker Willie Brown. In try with courage, and in return, let us artists’ workshop and art print pub- 1982, after serving in the Carter White ensure they are shown the honor and lisher. The first facility of its kind on House and with the San Francisco De- appreciation they deserve. Please join the West Coast, Gemini quickly be- partment of Health and Human Serv- me in thanking these Colorado vet- came a magnet not only for emerging ices, she made history as the first erans and the volunteers of Honor Los Angeles artists but also for leading Latina ever elected to the California Flight of Northern Colorado for their New York artists. State Assembly. tremendous service. Among the many artists who worked Gloria was elected to the Los Angeles City Council in 1987 and the County f and published at Gemini were Robert Rauschenberg, Jasper Johns, Roy Board of Supervisors in 1991, making TRIBUTE TO MYLES ECKERT Lichtenstein, David Hockney, and headlines each time for becoming the Mr. PORTMAN. Mr. President, I wish Frank Stella. In 1981, Gemini donated first Latina to serve in those positions. today to honor Myles Eckert, an 8- its archives—containing works by Since 1991, Supervisor Molina has year-old boy from Waterville, OH, these and other modern masters—to represented nearly 2 million residents whose simple act of generosity has led the National Gallery of Art. By this in the First District of our Nation’s to national attention. Myles found a time, Stanley had begun his 26-year largest county, where she has focused $20 bill in a restaurant parking lot and, tenure as a trustee of the Los Angeles on making services more effective and rather than save it for himself, gave it County Museum of Art, LACMA. Over on completing major capital projects to Ohio National Guard Airman Lt. the years, he and Elyse made many that improve the quality of life for Frank Dailey, who was there having major gifts to LACMA, including a residents of her district and the entire dinner with his family. seminal work by Marcel Duchamp and county. Among the initiatives she Myles wrote a heartfelt note about all 124 of Robert Rauschenberg’s post- championed are the Metro Gold Line his father, Army SGT Andy Eckert, ers. Eastside Extension, a six-mile light who was killed in Iraq just 5 weeks Beyond the art world, Stanley was a rail line connecting East L.A. to down- after Myles was born. The note read: deeply committed social activist who town and the rest of the county’s mass Dear Soldier, My dad was a soldier. He’s in generously gave his time and resources transit network; the state-of-the-art heaven now. I found this 20 dollars in the in support of human rights, free LAC-USC Medical Center in Boyle parking lot when we got here. We like to pay speech, justice, and equality. Heights; the Plaza de Cultura y Artes

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1917 at El Pueblo Historic Monument, a mu- TRIBUTE TO SHAUN CAREY as president and chief executive officer seum dedicated to showcasing and pre- ∑ Mr. HELLER. Mr. President, I wish of Georgia Power Company from June serving the history of Mexicans and to recognize the service of Sparks City 1999 to January 2004 and also as its Mexican-Americans in Los Angeles; the Manager Shaun Carey on the occasion chairman and chief executive officer Los Angeles River and San Gabriel of his retirement. I commend Mr. from January 2004 to April 2004. He River Master Plans, both of which Carey’s career and offer my sincerest served as an executive vice president of serve as blueprints for ‘‘greening’’ local thanks for his years of service to the Southern Company, a subsidiary of rivers and their tributaries; and the city of Sparks. Gulf Power Co., from 1999 until 2004. He construction of more than 1,100 new af- Mr. Carey grew up in Sparks and served as an executive vice president, fordable housing units in the First Dis- graduated from Sparks High School in treasurer, and chief financial officer of trict. 1975. He started his professional career Georgia Power Co. from 1998 to 1999. He I have known Gloria for many years, in 1981 as a civil engineer, working in served as senior vice president, exter- and I am honored to salute her as she Arizona, Colorado, and California be- nal affairs of Southern Company for 3 prepares to retire from elective office. fore returning home to Sparks. In 1992, years and served as chairman of Geor- I am pleased to join Gloria’s many Mr. Carey was named public works di- gia Power Co. and director since June friends, family members, associates, rector for the city of Sparks. He was 1999. He served as the chairman of the admirers, and grateful constituents in later named assistant city manager in board of Federal Reserve Bank of At- wishing her health, happiness, and all 1999 and then city manager in 2000. lanta and chairman of the Georgia the best as she embarks on the next Under Mr. Carey’s stewardship, Chamber of Commerce. He also served ∑ phase of her life. Sparks has experienced continued as the chairman of the board and director at Edison Electric Institute, Inc., f growth through the economic challenges of recent years. He has stream- and previously served as its vice chair- RECOGNIZING ONCOLOGY NURSES lined city services and kept debt the man. Additionally, David has been a di- ∑ lowest in the region despite economic rector of CSX Corp. since 2003 and Mr. BROWN. Mr. President, I wish to SunTrust Banks, Inc., since 2011. He congratulate the Columbus Chapter of challenges. Through his management, Sparks remains a full service city and has been a director at CSX Transpor- the Oncology Nursing Society, or tation, Inc., for more than 11 years. He CCONS, on a legacy of excellence in on- continues to be responsive to its citizens. serves as a director of GRA Venture cology nursing and quality cancer care. Fund, LLC. CCONS’ 25th Annual Spring Con- Mr. Carey’s leadership was instru- mental in the development of the David Ratcliffe is a trusted friend ference, ‘‘Kaleidoscope of Oncology and one upon whom I call regularly. A Care,’’ will be held on April 3, and in Sparks Marina, and his guidance has been vital in coordinating the local native of Tifton, GA, he continues to May, during Oncology Nursing Month, support his community, our State, and the society will celebrate its 30th anni- area’s continuing development. Under Mr. Carey’s tenure, Sparks now boasts the world in his retirement through his versary. I would like to take a moment work on the Metro Atlanta Chamber of to reflect on the work and achieve- a whitewater recreation center, a new community center, and one of the larg- Commerce Board, as well as the boards ments of this valued organization and of the National Center for Civil and to especially recognize CCONS’ presi- est artificial turf sports complexes in the world. Thanks to Mr. Carey, Human Rights and the Centers for Dis- dent, Bertie Ford, for her leadership. ease Control Foundation. He serves as Since 1984, CCONS has worked to lead Sparks has become known as the premier event center for the region and is a trustee of Georgia Research Alliance, the transformation of cancer care. Its Inc., and Children’s Healthcare of At- members are leaders in their commu- the fifth largest city in the State. I offer Mr. Carey my warmest con- lanta, Inc. nities and represent the most effective David and his wife Cecilia Chandler gratulations and hope he enjoys a rich cancer care advocates in their work- and their two grown children, Andrew and rewarding retirement, knowing places. These oncology nurses are vital and Elizabeth, deserve our great that his years of service will not be for- supports of patient-centered interven- thanks for their generosity in so many gotten by the grateful residents of tions, leveraging clinical knowledge areas.∑ and technology every day to provide Sparks.∑ f the highest quality cancer care to pa- f tients not only in Columbus but across REMEMBERING FIRST Ohio. TRIBUTE TO DAVID RATCLIFFE LIEUTENANT DONALD K. SCHWAB We are making progress in the fight ∑ Mr. ISAKSON. Mr. President, I rise ∑ Mr. JOHANNS. Mr. President, I wish against cancer. The 5-year survival today to pay tribute to Mr. David to recognize the life and service of a rate for all cancers among adults is 68 Ratcliffe, the former chairman, presi- brave and patriotic Nebraskan. First percent—a marked improvement over dent, and CEO of Southern Company Lieutenant Donald K. Schwab was the mid-1970s when it was 50 percent. Energy Solutions, LLC, until his re- posthumously awarded the Medal of But as cancer treatment becomes more tirement in 2010. He is the very defini- Honor for going above and beyond the complex, the health care system de- tion of a leader. call of duty during his service in World mands higher quality and more effi- On May 2, 2014, Senior Connections, a War II. First Lieutenant Schwab was cient care. As Congress works to in- nonprofit organization whose mission awarded the Distinguished Service crease patient access to quality health is to provide essential home and com- Cross, Bronze Star, and three Purple care, I praise the commitment of munity-based care that maximizes Hearts for his valor, and I applaud the CCONS in fostering excellence in on- independence, will award David upgrading of his Distinguished Service cology nursing and in the care of can- Ratcliffe with its 2014 Community Con- Cross to the Medal of Honor, our Na- cer patients. nections Award. The Community Con- tion’s highest military honor. My mother passed away in 2009 while nection Award was established in 2009 Schwab was born in Hooper, NE, in in hospice care. I will never forget the and recognizes older adults who have 1918 and enlisted in the U.S. Army upon nurses who took care of her in such a been and continue to be outstanding graduating from high school. In World loving way when they didn’t know her business and community leaders and War II, his tour of duty included posts personally until those last few weeks. who have given back significantly to in North Africa, Italy, and France. On It made all the difference in the world the communities in which they live September 17, 1944, near Lure, France, to her and our family. For that, I al- and work. I congratulate David for this First Lieutenant Schwab showed tre- ways thank nurses and others who care award and thank Senior Connections mendous bravery and valor though his for those in need. for recognizing his outstanding actions in combat. Ordered to over- Congratulations to CCONS on its 30th achievements. whelm the enemy line, Schwab led his anniversary and for the important David’s long career is impressive in men twice toward the Germans amidst work its members do in Ohio’s commu- itself. Prior to his final leadership posi- heavy gunfire. He rallied his decimated nities every day.∑ tions at Southern Company, he served force for a third charge on the hostile

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1918 CONGRESSIONAL RECORD — SENATE April 1, 2014 strong-point, working their way to section 8 of the Fisherman’s Protective tion, we must enhance our engagement within 50 yards of the Germans. He Act of 1967 (the ‘‘Pelly Amendment’’) to facilitate this change by Iceland. then stormed a line of German foxholes (22 U.S.C. 1978), that nationals of Ice- To ensure that this issue continues alone, reaching a key machine pistol land are conducting trade in whale to receive the highest level of atten- nest which had caused heavy casualties meat and products that diminishes the tion, I have directed: (1) relevant U.S. among his men. After ripping off the effectiveness of the Convention on agencies to raise concerns with Ice- cover of the firing pit, Schwab forced International Trade in Endangered land’s trade in whale parts and prod- the German soldier inside to accom- Species of Wild Fauna and Flora ucts in appropriate CITES fora and pany him back behind friendly lines, (CITES). This message constitutes my processes, and, in consultation with surviving a barrage of gunfire. His ac- notification to the Congress consistent other international actors, to seek ad- tions so disorganized the hostile infan- with subsection (b) of the Pelly Amend- ditional measures to reduce such trade try resistance that the enemy with- ment. and enhance the effectiveness of drew. This episode of selfless heroism This is the third certification by CITES; (2) relevant senior Administra- dismantled a strong German position, United States Government agencies of tion officials and U.S. delegations aiding the Allied front. Iceland for their continued whaling ac- meeting with Icelandic officials to First Lieutenant Schwab was wound- tivities. In 2004, Secretary of Com- raise U.S. objections to commercial ed three times in Active Duty but con- merce Donald L. Evans made a certifi- whaling and Iceland’s ongoing trade in tinued to serve in the U.S. Army until cation regarding Iceland under the fin whale parts and products and to October 26, 1945. Schwab returned to Pelly Amendment because its scientific urge a halt to such action, including the family farm in Hooper and later whaling program diminished the effec- immediate notification of this position worked as a rural mail carrier. His tiveness of the International Whaling to the Government of Iceland; (3) the service continued in civilian life Commission (IWC). When Iceland re- Department of State and other rel- through his involvement in his church sumed commercial whaling in 2006, evant agencies to encourage Iceland to council, the Hooper and Logan View Secretary of Commerce Carlos M. develop and expand measures that in- school boards, and other organizations. Gutierrez continued Iceland’s certifi- crease economic opportunities for the Schwab’s commitment and connection cation. In 2011, Secretary of Commerce nonlethal uses of whales in Iceland, remained strong in part through his Gary Locke increased actions to be such as responsible whale watching ac- membership in the Cornelius Tillman taken by members of the Cabinet, Fed- tivities and educational and scientific American Legion Post 18 and the Vet- eral departments and agencies, and research activities that contribute to erans of Foreign Wars Post 10535 in U.S. delegations by again certifying the conservation of whales; (4) the De- Hooper. Iceland for diminishing the effective- partment of State to re-examine bilat- First Lieutenant Schwab died at age ness of the IWC. eral cooperation projects, and where 86 in 2005. Although the Medal of Honor A single Icelandic company, Hvalur appropriate, to base U.S. cooperation comes 9 years after his death, the brav- hf, conducts fin whaling. Iceland does with Iceland on the Icelandic govern- ery and heroism he showed in 1944 is not consume most of these fin whales; ment changing its whaling policy, abid- now rightly recognized. I congratulate rather, they are exported, mainly to ing by the IWC moratorium on com- his wife Maralee, his children, and his Japan. Iceland’s commercial harvest of mercial whaling, and not engaging in grandchildren, who accepted this award fin whales escalated dramatically in trade in whale parts and products in a in his memory. Nebraskans have a long 2009 and 2010, was suspended in 2011 and manner that diminishes the effective- and proud tradition of military service. 2012 due to difficulties in the Japanese ness of CITES; (5) the Department of Schwab’s actions exemplify selflessness market after the 2011 earthquake and State to inform the Government of Ice- and courage, setting a worthy example tsunami, and resumed in 2013. Between land that the United States will con- for many others who would follow. 1987 and 2008, Iceland hunted a total of tinue to monitor the activities of Ice- First Lieutenant Schwab’s commit- 7 fin whales. In 2009, Iceland hunted 125 landic companies that engage in comment to community and country is fin whales, followed by 148 in 2010, zero mercial whaling and international truly inspiring. I ask my colleagues, in the years 2011–2012, and 134 fin trade in whale parts and products; (6) my fellow Nebraskans, and all Ameri- whales in 2013. On December 16, 2013, Cabinet secretaries and other senior cans to join me in honoring his service, Iceland set its 2014–2019 fin whale quota Administration officials to evaluate recognizing the valor for which the at 154 fin whales per year, an increase the appropriateness of visits to Iceland Medal of Honor was awarded.∑ in its previous yearly whaling quota. in light of Iceland’s resumption of fin According to the IWC, a harvest of 46 whaling and ongoing trade in fin whale f fin whales in the North Atlantic is bio- parts and products; (7) relevant depart- PRESIDENT’S REPORT TO CON- logically sustainable. ments and agencies to examine other GRESS RELATIVE TO THE SEC- Iceland’s actions jeopardize the sur- options for responding to continued RETARY OF THE INTERIOR’S vival of the fin whale, which is listed in whaling by Iceland; and (8) all relevant CERTIFICATION UNDER SECTION CITES among the species most threat- departments and agencies to report on 8 OF THE FISHERMAN’S PROTEC- ened with extinction, and they under- their actions, within 6 months of cer- TIVE ACT OF 1967, AS AMENDED mine multilateral efforts to ensure tification, and any updates as needed (THE ‘‘PELLY AMENDMENT’’) (22 greater worldwide protection for beyond, through the Departments of U.S.C. 1978) THAT NATIONALS OF whales. Specifically, Iceland’s contin- State and the Interior. In addition, pre- ICELAND HAVE CONDUCTED ued commercial whaling and recent vious Pelly certifications of Iceland, WHALING ACTIVITIES THAT DI- trade in whale products diminish the and the direction to take actions pur- MINISH THE EFFECTIVENESS OF effectiveness of CITES because: (1) Ice- suant to those certifications, remain in THE CONVENTION ON INTER- land’s commercial harvest of fin effect. I concur with the recommenda- NATIONAL TRADE IN ENDAN- whales undermines the goal of CITES tion, as presented by the Secretary of GERED SPECIES OF WILD FAUNA to ensure that international trade in the Interior, to pursue the use of non- AND FLORA (CITES)—PM 37 species of animals and plants does not trade measures and that the actions threaten their survival in the wild; and outlined above are the appropriate The PRESIDING OFFICER laid be- (2) Iceland’s current fin whale harvest course of action to address this issue. fore the Senate the following message and quota exceeds catch levels that the Accordingly, I am not directing the from the President of the United IWC’s scientific body advised were sus- Secretary of the Treasury to impose States, together with an accompanying tainable. trade measures on Icelandic products report; which was referred to the Com- In her letter of January 31, 2014, Sec- for the whaling activities that led to mittee on Commerce, Science, and retary Jewell expressed her concern for the certification by the Secretary of Transportation: Iceland’s actions, and I share these the Interior. To the Congress of the United States: concerns. Just as the United States The Departments of State, Com- On January 31, 2014, Secretary of the made the transition from a commercial merce, and the Interior will continue Interior Sally Jewell certified under whaling nation to a whale watching na- to monitor and encourage Iceland to

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1919 revise its policies regarding commer- Programs, Office of Sustainable Fisheries, in the Office of the President of the Senate cial whaling. Further, within 6 months, Department of Commerce, transmitting, pur- on March 13, 2014; to the Committee on Com- I have directed relevant departments suant to law, the report of a rule entitled merce, Science, and Transportation. ‘‘Taking and Importing Marine Mammals; EC–5083. A communication from the Para- and agencies to report to me through Taking Marine Mammals Incidental to U.S. legal Specialist, Federal Aviation Adminis- the Departments of State, Commerce, Air Force Launches, Aircraft and Helicopter tration, Department of Transportation, and the Interior on their actions. I be- Operations, and Harbor Activities Related to transmitting, pursuant to law, the report of lieve that continuing focus on Ice- Launch Vehicles From Vandenberg Air Force a rule entitled ‘‘Amendment of Class D Air- landic whaling activities is needed to Base (VAFB), California’’ (RIN0648–BD62) re- space; St. Paul, MN’’ ((RIN2120–AA66) (Dock- encourage Iceland to halt commercial ceived in the Office of the President of the et No. FAA–2013–0954)) received in the Office Senate on March 4, 2014; to the Committee of the President of the Senate on March 13, whaling and support international con- 2014; to the Committee on Commerce, servation efforts. on Commerce, Science, and Transportation. EC–5076. A communication from the Para- Science, and Transportation. BARACK OBAMA. legal Specialist, Federal Aviation Adminis- EC–5084. A communication from the Para- THE WHITE HOUSE, April 1, 2014. tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, f transmitting, pursuant to law, the report of a rule entitled ‘‘Stage 3 Helicopter Noise transmitting, pursuant to law, the report of MESSAGE FROM THE HOUSE Certification Standards’’ ((RIN2120–AJ96) a rule entitled ‘‘Amendment of Class D Air- space; St. Joseph, MO’’ ((RIN2120–AA66) (Docket No. FAA–2012–0948)) received in the ENROLLED BILL SIGNED (Docket No. FAA–2013–0917)) received in the Office of the President of the Senate on At 12:24 p.m., a message from the Office of the President of the Senate on March 13, 2014; to the Committee on Com- March 13, 2014; to the Committee on Com- House of Representatives, delivered by merce, Science, and Transportation. merce, Science, and Transportation. Mr. Novotny, one of its reading clerks, EC–5077. A communication from the Para- EC–5085. A communication from the Para- announced that the Speaker pro tem- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- pore (Mr. WOLF) has signed the fol- tration, Department of Transportation, tration, Department of Transportation, lowing enrolled bill: transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of a rule entitled ‘‘Helicopter Air Ambulance, H.R. 4302. An act to amend the Social Se- a rule entitled ‘‘Amendment of Class E Air- Commercial Helicopter, and Part 91 Heli- curity Act to extend Medicare payments to space; Macon, GA’’ ((RIN2120–AA66) (Docket copter’’ ((RIN2120–AJ53) (Docket No. FAA– physicians and other provisions of the Medi- No. FAA–2013–0552)) received in the Office of 2010–0982)) received in the Office of the Presi- care and Medicaid programs, and for other the President of the Senate on March 13, dent of the Senate on March 13, 2014; to the purposes. 2014; to the Committee on Commerce, Committee on Commerce, Science, and Science, and Transportation. The enrolled bill was subsequently Transportation. EC–5086. A communication from the Para- signed by the President pro tempore EC–5078. A communication from the Para- legal Specialist, Federal Aviation Adminis- (Mr. LEAHY). legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, tration, Department of Transportation, transmitting, pursuant to law, the report of f transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Air- MEASURES READ THE FIRST TIME a rule entitled ‘‘Standard Instrument Ap- space; Georgetown, TX’’ ((RIN2120–AA66) proach Procedures, and Takeoff Minimums (Docket No. FAA–2013–0592)) received in the The following bills were read the first and Obstacle Departure Procedures; Mis- Office of the President of the Senate on time: cellaneous Amendments (93); Amdt. No. 3578’’ March 13, 2014; to the Committee on Com- S. 2198. A bill to direct the Secretary of the (RIN2120–AA65) received in the Office of the merce, Science, and Transportation. Interior, the Secretary of Commerce, and the President of the Senate on March 13, 2014; to EC–5087. A communication from the Para- Administrator of the Environmental Protec- the Committee on Commerce, Science, and legal Specialist, Federal Aviation Adminis- tion Agency to take actions to provide addi- Transportation. tration, Department of Transportation, tional water supplies and disaster assistance EC–5079. A communication from the Para- transmitting, pursuant to law, the report of to the State of California and other Western legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Amendment of Class E Air- space; Philip, SD’’ ((RIN2120–AA66) (Docket States due to drought, and for other pur- tration, Department of Transportation, No. FAA–2013–0916)) received in the Office of poses. transmitting, pursuant to law, the report of the President of the Senate on March 13, S. 2199. A bill to amend the Fair Labor a rule entitled ‘‘Standard Instrument Ap- 2014; to the Committee on Commerce, Standards Act of 1938 to provide more effec- proach Procedures, and Takeoff Minimums Science, and Transportation. tive remedies to victims of discrimination in and Obstacle Departure Procedures; Mis- cellaneous Amendments (16); Amdt. No. 3575’’ EC–5088. A communication from the Para- the payment of wages on the basis of sex, and legal Specialist, Federal Aviation Adminis- for other purposes. (RIN2120–AA65) received in the Office of the President of the Senate on March 13, 2014; to tration, Department of Transportation, f the Committee on Commerce, Science, and transmitting, pursuant to law, the report of Transportation. a rule entitled ‘‘Amendment of Class E Air- EXECUTIVE AND OTHER EC–5080. A communication from the Para- space; Hamilton, OH’’ ((RIN2120–AA66) COMMUNICATIONS legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2013–0593)) received in the Office of the President of the Senate on The following communications were tration, Department of Transportation, transmitting, pursuant to law, the report of March 13, 2014; to the Committee on Com- laid before the Senate, together with merce, Science, and Transportation. a rule entitled ‘‘Standard Instrument Ap- accompanying papers, reports, and doc- EC–5089. A communication from the Para- proach Procedures, and Takeoff Minimums uments, and were referred as indicated: legal Specialist, Federal Aviation Adminis- and Obstacle Departure Procedures; Mis- tration, Department of Transportation, EC–5073. A communication from the Dep- cellaneous Amendments (10); Amdt. No. 3576’’ uty Chief, Consumer and Governmental Af- transmitting, pursuant to law, the report of (RIN2120–AA65) received in the Office of the a rule entitled ‘‘Amendment of Class E Air- fairs Bureau, Federal Communications Com- President of the Senate on March 13, 2014; to space; Lapeer, MI’’ ((RIN2120–AA66) (Docket mission, transmitting, pursuant to law, the the Committee on Commerce, Science, and No. FAA–2013–0174)) received in the Office of report of a rule entitled ‘‘Closed Captioning Transportation. the President of the Senate on March 13, of Video Programming; Telecommunications EC–5081. A communication from the Para- 2014; to the Committee on Commerce, for the Deaf and Hard of Hearing, Petition legal Specialist, Federal Aviation Adminis- Science, and Transportation. for Rulemaking’’ (FCC 13–118) received dur- tration, Department of Transportation, EC–5090. A communication from the Para- ing adjournment of the Senate in the Office transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- of the President of the Senate on March 20, a rule entitled ‘‘Standard Instrument Ap- tration, Department of Transportation, 2014; to the Committee on Commerce, proach Procedures, and Takeoff Minimums transmitting, pursuant to law, the report of Science, and Transportation. and Obstacle Departure Procedures; Mis- a rule entitled ‘‘Amendment of Class E Air- EC–5074. A communication from the Gen- cellaneous Amendments (35); Amdt. No. 3577’’ space; Lawrenceville, IL’’ ((RIN2120–AA66) eral Attorney, Consumer Product Safety (RIN2120–AA65) received in the Office of the (Docket No. FAA–2013–0590)) received in the Commission, transmitting, pursuant to law, President of the Senate on March 13, 2014; to Office of the President of the Senate on the report of a rule entitled ‘‘Revisions to the Committee on Commerce, Science, and March 13, 2014; to the Committee on Com- Supplemental Definition of ‘Strong Sen- Transportation. merce, Science, and Transportation. sitizer’ ’’ (Docket No. CPSC–2013–0010) re- EC–5082. A communication from the Para- EC–5091. A communication from the Para- ceived during adjournment of the Senate in legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- the Office of the President of the Senate on tration, Department of Transportation, tration, Department of Transportation, March 7, 2014; to the Committee on Com- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of merce, Science, and Transportation. a rule entitled ‘‘Amendment of Class D and a rule entitled ‘‘Amendment of Class E Air- EC–5075. A communication from the Dep- Class E Airspace; Wheeling, IL’’ ((RIN2120– space; Hampton, IA’’ ((RIN2120–AA66) (Dock- uty Assistant Administrator for Regulatory AA66) (Docket No. FAA–2013–0955)) received et No. FAA–2013–0585)) received in the Office

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1920 CONGRESSIONAL RECORD — SENATE April 1, 2014 of the President of the Senate on March 13, Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) EC–5109. A communication from the Para- 2014; to the Committee on Commerce, (Docket No. FAA–2013–0705)) received in the legal Specialist, Federal Aviation Adminis- Science, and Transportation. Office of the President of the Senate on tration, Department of Transportation, EC–5092. A communication from the Para- March 13, 2014; to the Committee on Com- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, EC–5101. A communication from the Para- Agusta S.p.A. Helicopters’’ ((RIN2120–AA64) transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2013–0643)) received in the a rule entitled ‘‘Establishment of Class E tration, Department of Transportation, Office of the President of the Senate on Airspace; Mansfield, OH’’ ((RIN2120–AA66) transmitting, pursuant to law, the report of March 13, 2014; to the Committee on Com- (Docket No. FAA–2013–0842)) received in the a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. Office of the President of the Senate on DORNIER LUFTFAHRT GmbH Airplanes’’ EC–5110. A communication from the Para- March 13, 2014; to the Committee on Com- ((RIN2120–AA64) (Docket No. FAA–2013–0962)) legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. received in the Office of the President of the tration, Department of Transportation, EC–5093. A communication from the Para- Senate on March 13, 2014; to the Committee transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- on Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, EC–5102. A communication from the Para- Airbus Helicopters (Type Certificate Pre- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- viously Held by Eurocopter France) (Airbus a rule entitled ‘‘Amendment of Class E Air- tration, Department of Transportation, Helicopters)’’ ((RIN2120–AA64) (Docket No. space; Brunet, TX’’ ((RIN2120–AA66) (Docket transmitting, pursuant to law, the report of FAA–2013–0770)) received in the Office of the No. FAA–2013–0594)) received in the Office of a rule entitled ‘‘Airworthiness Directives; President of the Senate on March 13, 2014; to the President of the Senate on March 13, Pacific Aerospace Limited Airplanes’’ the Committee on Commerce, Science, and 2014; to the Committee on Commerce, ((RIN2120–AA64) (Docket No. FAA–2014–0090)) Transportation. Science, and Transportation. received in the Office of the President of the EC–5111. A communication from the Para- EC–5094. A communication from the Para- Senate on March 13, 2014; to the Committee legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- on Commerce, Science, and Transportation. tration, Department of Transportation, tration, Department of Transportation, EC–5103. A communication from the Para- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Establishment of Class E tration, Department of Transportation, Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) Airspace; Eagle, AK’’ ((RIN2120–AA66) (Dock- transmitting, pursuant to law, the report of (Docket No. FAA–2013–0687)) received in the et No. FAA–2013–0777)) received in the Office a rule entitled ‘‘Airworthiness Directives; Office of the President of the Senate on of the President of the Senate on March 13, Airbus Helicopters (Type Certificate Pre- March 13, 2014; to the Committee on Com- 2014; to the Committee on Commerce, viously Held by Eurocopter France) (Airbus merce, Science, and Transportation. Science, and Transportation. Helicopters)’’ ((RIN2120–AA64) (Docket No. EC–5112. A communication from the Para- EC–5095. A communication from the Para- FAA–2013–0351)) received in the Office of the legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- President of the Senate on March 13, 2014; to tration, Department of Transportation, tration, Department of Transportation, the Committee on Commerce, Science, and transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Transportation. a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Removal of Class E Airspace; EC–5104. A communication from the Para- Cessna Aircraft Company Airplanes’’ Leesburg, VA’’ ((RIN2120–AA66) (Docket No. legal Specialist, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2011–0562)) FAA–2014–0085)) received in the Office of the tration, Department of Transportation, received in the Office of the President of the President of the Senate on March 13, 2014; to transmitting, pursuant to law, the report of Senate on March 13, 2014; to the Committee the Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives; on Commerce, Science, and Transportation. EC–5113. A communication from the Para- Transportation. PIAGGIO AERO INDUSTRIES S.P.A. Air- legal Specialist, Federal Aviation Adminis- EC–5096. A communication from the Para- planes’’ ((RIN2120–AA64) (Docket No. FAA– tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- 2013–0964)) received in the Office of the Presi- transmitting, pursuant to law, the report of tration, Department of Transportation, dent of the Senate on March 13, 2014; to the a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of Committee on Commerce, Science, and Dassault Aviation Airplanes’’ ((RIN2120– a rule entitled ‘‘Establishment of Class E Transportation. AA64) (Docket No. FAA–2013–0466)) received Airspace; Brevig Mission, AK’’ ((RIN2120– EC–5105. A communication from the Para- in the Office of the President of the Senate AA66) (Docket No. FAA–2012–0078)) received legal Specialist, Federal Aviation Adminis- on March 13, 2014; to the Committee on Com- in the Office of the President of the Senate tration, Department of Transportation, merce, Science, and Transportation. on March 13, 2014; to the Committee on Com- transmitting, pursuant to law, the report of EC–5114. A communication from the Para- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- EC–5097. A communication from the Para- The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- AA64) (Docket No. FAA–2013–0831)) received transmitting, pursuant to law, the report of tration, Department of Transportation, in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of on March 13, 2014; to the Committee on Com- Diamond Aircraft Industries GmbH Air- a rule entitled ‘‘Establishment of Class E merce, Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– Airspace; Central, AK’’ ((RIN2120–AA66) EC–5106. A communication from the Para- 2013–0937)) received in the Office of the Presi- (Docket No. FAA–2013–0017)) received in the legal Specialist, Federal Aviation Adminis- dent of the Senate on March 13, 2014; to the Office of the President of the Senate on tration, Department of Transportation, Committee on Commerce, Science, and March 13, 2014; to the Committee on Com- transmitting, pursuant to law, the report of Transportation. merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; EC–5115. A communication from the Para- EC–5098. A communication from the Para- Slingsby Aviation Ltd. Airplanes’’ ((RIN2120– legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- AA64) (Docket No. FAA–2013–0997)) received tration, Department of Transportation, tration, Department of Transportation, in the Office of the President of the Senate transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of on March 13, 2014; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. The Boeing Company Airplanes’’ ((RIN2120– The Boeing Company Airplanes’’ ((RIN2120– EC–5107. A communication from the Para- AA64) (Docket No. FAA–2013–0694)) received AA64) (Docket No. FAA–2013–0670)) received legal Specialist, Federal Aviation Adminis- in the Office of the President of the Senate in the Office of the President of the Senate tration, Department of Transportation, on March 13, 2014; to the Committee on Com- on March 13, 2014; to the Committee on Com- transmitting, pursuant to law, the report of merce, Science, and Transportation. merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; EC–5116. A communication from the Para- EC–5099. A communication from the Para- Saab AB, Saab Aerosystems Airplanes’’ legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2013–0695)) tration, Department of Transportation, tration, Department of Transportation, received in the Office of the President of the transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Senate on March 13, 2014; to the Committee a rule entitled ‘‘Airworthiness Directives; 328 a rule entitled ‘‘Airworthiness Directives; B– on Commerce, Science, and Transportation. Support Services GmbH (Type Certificate N Group Ltd. Airplanes’’ ((RIN2120–AA64) EC–5108. A communication from the Para- Previously Held by AvCraft Aerospace (Docket No. FAA–2013–0924)) received in the legal Specialist, Federal Aviation Adminis- GmbH; Fairchild Dornier GmbH; Dornier Office of the President of the Senate on tration, Department of Transportation, Luftfahrt GmbH) Airplanes’’ ((RIN2120–AA64) March 13, 2014; to the Committee on Com- transmitting, pursuant to law, the report of (Docket No. FAA–2013–0702)) received in the merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Office of the President of the Senate on EC–5100. A communication from the Para- Agusta S.p.A. Helicopters’’ ((RIN2120–AA64) March 13, 2014; to the Committee on Com- legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2012–0886)) received in the merce, Science, and Transportation. tration, Department of Transportation, Office of the President of the Senate on EC–5117. A communication from the Para- transmitting, pursuant to law, the report of March 13, 2014; to the Committee on Com- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. tration, Department of Transportation,

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1921 transmitting, pursuant to law, the report of a rule entitled ‘‘Freedom of Information Act; EC–5134. A communication from the Acting a rule entitled ‘‘Airworthiness Directives; Miscellaneous Rules’’ (16 CFR Part 4) re- Director, Office of Sustainable Fisheries, De- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) ceived in the Office of the President of the partment of Commerce, transmitting, pursu- (Docket No. FAA–2012–1226)) received in the Senate on March 25, 2014; to the Committee ant to law, the report of a rule entitled Office of the President of the Senate on on Commerce, Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone March 13, 2014; to the Committee on Com- EC–5127. A communication from the Dep- Off Alaska; Reallocation of Pacific Cod in merce, Science, and Transportation. uty Assistant Administrator for Regulatory the Bering Sea and Aleutian Islands Manage- EC–5118. A communication from the Para- Programs, Office of Sustainable Fisheries, ment Area’’ (RIN0648–XD160) received in the legal Specialist, Federal Aviation Adminis- Department of Commerce, transmitting, pur- Office of the President of the Senate on tration, Department of Transportation, suant to law, the report of a rule entitled March 25, 2014; to the Committee on Com- transmitting, pursuant to law, the report of ‘‘Fisheries of the Northeastern United merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; States; Northeast Multispecies Fishery; Ad- EC–5135. A communication from the Acting The Boeing Company Airplanes’’ ((RIN2120– justment of Georges Bank and Southern New Director, Office of Sustainable Fisheries, De- AA64) (Docket No. FAA–2014–0125)) received England/Mid-Atlantic Yellowtail Flounder partment of Commerce, transmitting, pursu- in the Office of the President of the Senate Annual Catch Limits’’ (RIN0648–XD081) re- ant to law, the report of a rule entitled on March 13, 2014; to the Committee on Com- ceived in the Office of the President of the ‘‘Fisheries of the Exclusive Economic Zone merce, Science, and Transportation. Senate on March 25, 2014; to the Committee Off Alaska; Pacific Cod by Trawl Catcher EC–5119. A communication from the Para- on Commerce, Science, and Transportation. Vessels in the Western Regulatory Area of legal Specialist, Federal Aviation Adminis- EC–5128. A communication from the Acting the Gulf of Alaska’’ (RIN0648–XD148) received tration, Department of Transportation, Deputy Director, Office of Sustainable Fish- in the Office of the President of the Senate transmitting, pursuant to law, the report of eries, Department of Commerce, transmit- on March 25, 2014; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives; ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. The Boeing Company Airplanes’’ ((RIN2120– titled ‘‘Fisheries of the Caribbean, Gulf of EC–5136. A communication from the Acting AA64) (Docket No. FAA–2013–0866)) received Mexico, and South Atlantic; 2014 Commer- Director, Office of Sustainable Fisheries, De- in the Office of the President of the Senate cial Accountability Measure and Closure for partment of Commerce, transmitting, pursu- on March 13, 2014; to the Committee on Com- South Atlantic Golden Tilefish Longline ant to law, the report of a rule entitled merce, Science, and Transportation. Component’’ (RIN0648–XD118) received in the ‘‘Fisheries of the Exclusive Economic Zone EC–5120. A communication from the Para- Office of the President of the Senate on Off Alaska; Pacific Cod by Catcher/Proc- legal Specialist, Federal Aviation Adminis- March 25, 2014; to the Committee on Com- essors Using Hook-and-Line Gear in the tration, Department of Transportation, merce, Science, and Transportation. Western Regulatory Area of the Gulf of Alas- transmitting, pursuant to law, the report of EC–5129. A communication from the Dep- ka’’ (RIN0648–XD157) received in the Office of a rule entitled ‘‘Airworthiness Directives; uty Assistant Administrator for Operations, the President of the Senate on March 25, The Boeing Company Airplanes’’ ((RIN2120– Office of Sustainable Fisheries, Department 2014; to the Committee on Commerce, AA64) (Docket No. FAA–2013–0830)) received of Commerce, transmitting, pursuant to law, Science, and Transportation. in the Office of the President of the Senate the report of a rule entitled ‘‘Fisheries of the EC–5137. A communication from the Acting on March 13, 2014; to the Committee on Com- Exclusive Economic Zone Off Alaska; Gulf of Director, Office of Sustainable Fisheries, De- merce, Science, and Transportation. Alaska; Final 2014 and 2015 Harvest Speci- partment of Commerce, transmitting, pursu- EC–5121. A communication from the Para- fications for Groundfish; Final Rule’’ ant to law, the report of a rule entitled legal Specialist, Federal Aviation Adminis- (RIN0648–XC895) received in the Office of the ‘‘Fisheries of the Exclusive Economic Zone tration, Department of Transportation, President of the Senate on March 25, 2014; to Off Alaska; Sablefish Managed Under the In- transmitting, pursuant to law, the report of the Committee on Commerce, Science, and dividual Fishing Quota Program’’ (RIN0648– a rule entitled ‘‘Airworthiness Directives; Transportation. XD159) received in the Office of the President The Boeing Company Airplanes’’ ((RIN2120– EC–5130. A communication from the Dep- of the Senate on March 25, 2014; to the Com- AA64) (Docket No. FAA–2013–0547)) received uty Assistant Administrator for Operations, mittee on Commerce, Science, and Transpor- in the Office of the President of the Senate Office of Sustainable Fisheries, Department tation. on March 13, 2014; to the Committee on Com- of Commerce, transmitting, pursuant to law, EC–5138. A communication from the Acting merce, Science, and Transportation. the report of a rule entitled ‘‘Fisheries off Director, Office of Sustainable Fisheries, De- EC–5122. A communication from the Para- West Coast States; Pacific Coast Groundfish partment of Commerce, transmitting, pursu- legal Specialist, Federal Aviation Adminis- Fishery Management Plan; Commercial, ant to law, the report of a rule entitled tration, Department of Transportation, Limited Entry Pacific Coast Groundfish ‘‘Fisheries of the Caribbean, Gulf of Mexico, transmitting, pursuant to law, the report of Fishery; Program Improvement and En- and South Atlantic; Snapper-Grouper Re- a rule entitled ‘‘Airworthiness Directives; hancement; Correction’’ (RIN0648–BD31) resources of the South Atlantic; Trip Limit Turbomeca S.A. Turboshaft Engines’’ ceived in the Office of the President of the Reduction’’ (RIN0648–XD117) received in the ((RIN2120–AA64) (Docket No. FAA–2013–0381)) Senate on March 26, 2014; to the Committee Office of the President of the Senate on received in the Office of the President of the on Commerce, Science, and Transportation. March 25, 2014; to the Committee on Com- EC–5131. A communication from the Dep- Senate on March 13, 2014; to the Committee merce, Science, and Transportation. on Commerce, Science, and Transportation. uty Director, Office of Sustainable Fisheries, EC–5139. A communication from the Acting EC–5123. A communication from the Para- Department of Commerce, transmitting, pur- Director, Office of Sustainable Fisheries, De- legal Specialist, Federal Aviation Adminis- suant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- tration, Department of Transportation, ‘‘Fisheries of the Exclusive Economic Zone ant to law, the report of a rule entitled transmitting, pursuant to law, the report of Off Alaska; Pacific Cod by Vessels Using Pot ‘‘Fisheries of the Exclusive Economic Zone a rule entitled ‘‘Airworthiness Directives; Gear in the Central Regulatory Area of the Off Alaska; Reallocation of Pollock in the Agusta S.p.A. Helicopters’’ ((RIN2120–AA64) Gulf of Alaska’’ (RIN0648–XD133) received in Bering Sea and Aleutian Islands’’ (RIN0648– (Docket No. FAA–2014–0035)) received in the the Office of the President of the Senate on XD158) received in the Office of the President Office of the President of the Senate on March 25, 2014; to the Committee on Com- of the Senate on March 25, 2014; to the Com- March 13, 2014; to the Committee on Com- merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- EC–5132. A communication from the Dep- merce, Science, and Transportation. tation. EC–5124. A communication from the Attor- uty Assistant Administrator for Regulatory ney, General Affairs Division, Consumer Programs, Office of Sustainable Fisheries, f Product Safety Commission, transmitting, Department of Commerce, transmitting, pur- PETITIONS AND MEMORIALS pursuant to law, the report of a rule entitled suant to law, the report of a rule entitled ‘‘Safety Standard for Bedside Sleepers’’ ‘‘Fisheries of the Northeastern United The following petitions and memo- (Docket No. CPSC–2012–0067) received in the States; Atlantic Mackerel, Squid, and rials were laid before the Senate and Office of the President of the Senate on Butterfish Fisheries; Amendment 14’’ were referred or ordered to lie on the March 25, 2014; to the Committee on Com- (RIN0648–AY26) received in the Office of the table as indicated: President of the Senate on March 25, 2014; to merce, Science, and Transportation. POM–204. A concurrent resolution adopted EC–5125. A communication from the Attor- the Committee on Commerce, Science, and by the Legislature of the State of South Da- ney, General Affairs Division, Consumer Transportation. kota petitioning the United States Congress Product Safety Commission, transmitting, EC–5133. A communication from the Acting to reauthorize federally provided terrorism pursuant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, De- reinsurance for insurers; to the Committee ‘‘Safety Standard for Carriages and Stroll- partment of Commerce, transmitting, pursu- on Banking, Housing, and Urban Affairs. ers’’ (Docket No. CPSC–2013–0019) received in ant to law, the report of a rule entitled the Office of the President of the Senate on ‘‘Fisheries of the Northeastern United HOUSE CONCURRENT RESOLUTION NO. 1019 March 25, 2014; to the Committee on Com- States; Summer Flounder Fishery; Quota Whereas, insurance protects the United merce, Science, and Transportation. Transfer’’ (RIN0648–XD116) received in the States economy from the adverse effects of EC–5126. A communication from the Sec- Office of the President of the Senate on the risks inherent in economic growth and retary of the Federal Trade Commission, March 26, 2014; to the Committee on Com- development while also providing the re- transmitting, pursuant to law, the report of merce, Science, and Transportation. sources necessary to rebuild physical and

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1922 CONGRESSIONAL RECORD — SENATE April 1, 2014 economic infrastructure, offer indemnifica- Whereas, unfortunately, despite the hard 3. That the Secretary of State of the State tion for business disruption, and provide cov- work and dedication of this nation’s counter- of Arizona transmit a copy of this Memorial erage for medical and liability costs from in- terrorism agencies and the bravery of the to the President of the United States, the juries and loss of life in the event of cata- men and women in uniform who fought and President of the United States Senate, the strophic losses to persons or property; and continue to fight battles abroad to keep us Speaker of the United States House of Rep- Whereas, the terrorist attack of September safe here at home, the threat from terrorist resentatives and each Member of Congress 11, 2001, produced insured losses larger than attacks in the United States is both real and from the State of Arizona. any other man-made event in United States substantial and will remain as such for the history, with claims paid by insurers to their foreseeable future: Now, therefore, be it POM–206. A resolution adopted by the policyholders eventually totaling some $32.5 Resolved by the House of Representatives of House of Representatives of the State of billion, making this the second most costly the Eighty-Ninth Legislature of the State of Ohio commending Israel for its cordial and insurance event in United States history; South Dakota, the Senate concurring therein, mutually beneficial relationship with the and that the United States Congress and the United States and Ohio and supporting Israel Whereas, the sheer enormity of the ter- President of the United States reauthorize in its legal, historical, and moral right of rorist-induced loss, combined with the possi- the Terrorism Risk Insurance Program. self-governance and self-defense on the en- bility of future attacks, produced financial tirety of its own lands; to the Committee on shockwaves that shook insurance markets POM–205. A concurrent memorial adopted Foreign Relations. causing insurers and reinsurers to exclude by the Legislature of the State of Arizona HOUSE RESOLUTION NO. 340 coverage arising from acts of terrorism from urging the United States Congress to provide Whereas, Israel has been granted its lands virtually all commercial property and liabil- full, sustainable funding for the Payment in under and through the oldest recorded deed, ity policies; and Lieu of Taxes (PILT) program for fiscal year the Old Testament, a tome of scripture held Whereas, the lack of terrorism risk insur- 2015 and into the future; to the Committee sacred and revered by Jews and Christians. ance contributed to a paralysis in the econ- on Energy and Natural Resources. The claim and presence of the Jewish people omy, especially in construction, tourism, SENATE CONCURRENT MEMORIAL NO. 1006 in Israel have remained constant throughout business travel, and real estate finance; and the past 4,000 years of history; and Whereas, the Payment in Lieu of Taxes Whereas, the United States Congress origi- Whereas, The legal basis for the establish- (PILT) program was established in 1976 to nally passed the Terrorism Risk Insurance ment of the modern State of Israel was a Act of 2002, Pub. L. 107–297 (TRIA), in which offset costs incurred by counties for services binding act of international law established the federal government agreed to provide provided to the federal government and to in the San Remo Resolution, which was terrorism reinsurance to insurers and reau- the users of federal lands located within a unanimously adopted by the League of Na- thorized this arrangement via the Terrorism county; and tions in 1922 and subsequently affirmed by Whereas, the State of Arizona is composed Risk Insurance Extension Act of 2005, Pub. L. both houses of the United States Congress. of 113,417 square miles of land, of which 42% 109–144, and the Terrorism Risk Insurance This resolution affirmed the establishment is federally owned, nontribal land that is un- Program Reauthorization Act of 2007, Pub. L. of a national home for the Jewish people in 110–160 (TRIPRA); and available for economic development and not the historical region of the Land of Israel. In Whereas, under TRIPRA the federal gov- part of the property tax base. Less than 17% addition, Article 80 of the United Nations ernment provides such reinsurance after in- of the land in Arizona is private land; and charter recognized the continued validity of Whereas, the national average PILT pay- dustry-wide losses attributable to annual the rights granted to states or peoples that ment in fiscal year 2013 was $0.66 per acre, certified terrorism events exceed one hun- already existed under international instru- which is far below the amount that federal dred million dollars; and ments. Thus, the San Remo Resolution re- Whereas, coverage under TRIPRA is pro- lands would return through both value-based mains valid, and the 650,000 Jews currently vided to an individual insurer after the in- taxation and economic development; and residing in the areas of Judea, Samaria, and Whereas, counties are required to provide surer has incurred losses related to terrorism eastern Jerusalem reside there legitimately; law enforcement, search and rescue, emer- equal to twenty percent of the insurer’s pre- and vious year earned premium for property-cas- gency services, road building and mainte- Whereas, Israel declared its independence ualty lines; and nance, and other community services on, or and self-governance on May 14, 1948, with the Whereas, after an individual insurer has associated with, tax-exempt federal public goal of reestablishing its God-given and le- reached such a threshold, the insurer pays lands; and gally recognized lands as a homeland for the fifteen percent of residual losses and the fed- Whereas, Congress failed to provide fund- Jewish people; and eral government pays the remaining eighty- ing for the PILT program in the Consoli- Whereas, The United States, having been five percent; and dated Appropriations Act of 2014, jeopard- the first to recognize Israel as an inde- Whereas, the Terrorism Risk Insurance izing $32 million in PILT funding for Arizona pendent nation and as Israel’s principal ally, Program has an annual cap of one hundred counties and causing great uncertainty has enjoyed a close and mutually beneficial billion dollars of aggregate insured losses, about county finances and services in fiscal relationship with Israel and its people. Israel beyond which the federal program does not year 2014 and fiscal year 2015; and is the greatest friend and ally of our country provide coverage; and Whereas, a one-year extension of PILT in the Middle East, and the values of our two Whereas, TRIPRA requires the federal gov- funding for fiscal year 2014 was included in nations are so intertwined that it is impos- ernment to recoup one hundred percent of the farm bill conference report, but the fate sible to separate one from the other; and the benefits provided under the program via of fiscal year 2015 funding is still unknown; Whereas, There are those in the Middle policy holder surcharges to the extent the and East who have continually sought to destroy aggregate insured losses are less than twen- Whereas, a lack of PILT funding places the Israel from the time of its inception as a ty-seven billion five hundred million dollars large, unsustainable burden of providing state, and those same enemies of Israel also and enables the government to recoup ex- services on federal lands squarely on the hate and seek to destroy the United States; penditures beyond that mandatory backs of local county taxpayers, while the and recoupment amount; and presence of that federal land creates barriers Whereas, The State of Ohio and Israel have Whereas, without question, TRIA and its to further economic opportunities; and enjoyed cordial and mutually beneficial rela- successors are the principal reason for the Whereas, failure to secure PILT funding tions since 1948, a friendship that continues continued stability in the insurance and re- for fiscal year 2015 and into the future for to strengthen with each passing year: Now, insurance market for terrorism insurance to Arizona counties in a timely manner will therefore, be it the benefit of our overall economy; and critically impact the budget process and Resolved, That we, the members of the Whereas, the presence of a robust private structural solvency of counties and will sub- House of Representatives of the 130th Gen- and public partnership has provided stability stantially compromise their ability to pro- eral Assembly of the State of Ohio, commend and predictability and has allowed insurers vide essential services; and Israel for its cordial and mutually beneficial to actively participate in the market in a Whereas, the federal government has the relationship with the United States and Ohio meaningful way; and duty to reimburse local jurisdictions for the and support Israel in its legal, historical, and Whereas, without a program such as presence of federal public lands. moral right of self-governance and self-de- TRIPRA, many of our citizens who want and Wherefore, Your memorialist, the Senate of fense on the entirety of its own lands, thus need terrorism coverage to operate their the State of Arizona, the House of Rep- recognizing that Israel is neither an attack- businesses all across the nation would be ei- resentatives concurring, prays: ing force nor an occupier of the lands of oth- ther unable to get insurance or unable to af- 1. That the United States Congress provide ers and that peace can be afforded the region ford the limited coverage that would be full, sustainable funding for the PILT pro- only through a whole and united Israel; and available; and gram for fiscal year 2015 and into the future be it further Whereas, without federally provided rein- to help create financial stability within Ari- Resolved, That the Clerk of the House of surance, property and casualty insurers will zona’s counties. Representatives send duly authenticated face less availability of terrorism reinsur- 2. That the United States Congress work copies of this resolution to the President of ance and will therefore be severely restricted with the State of Arizona and county gov- the United States, to the Speaker and Clerk in their ability to provide sufficient coverage ernments to identify and implement policies of the United States House of Representa- for acts of terrorism to support our econ- to promote economic development on, or as- tives, to the President Pro Tempore and Sec- omy; and sociated with, public lands. retary of the United States Senate, to the

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1923 members of the Ohio Congressional delega- H.R. 1206. A bill to grant the Secretary of rorist activity against the United States; to tion, and to the news media of Ohio. the Interior permanent authority to author- the Committee on the Judiciary. ize States to issue electronic duck stamps, By Ms. MURKOWSKI: POM–207. A resolution adopted by the and for other purposes (Rept. No. 113–145). S. 2196. A bill to amend the Public Health House of Representatives of the State of f Service Act to limit the liability of health Michigan memorializing the Congress of the care professionals who volunteer to provide United States and the U.S. Department of INTRODUCTION OF BILLS AND health care services in response to a disaster; Veterans Affairs to take a stronger role in JOINT RESOLUTIONS to the Committee on Health, Education, investigating and eliminating delays in vet- Labor, and Pensions. erans’ health care; to the Committee on Vet- The following bills and joint resolu- By Mrs. SHAHEEN (for herself, Mr. erans’ Affairs. tions were introduced, read the first HOEVEN, Mr. SCHUMER, and Mr. ROB- HOUSE RESOLUTION NO. 300 and second times by unanimous con- ERTS): Whereas, The men and women who serve sent, and referred as indicated: S. 2197. A bill to repeal certain require- our country deserve our utmost respect and By Mr. CARDIN (for himself, Mrs. ments regarding newspaper advertising of appreciation. Many of them are injured in FEINSTEIN, and Mr. SCHATZ): Senate stationery contracts; to the Com- the line of duty and come home to face chal- S. 2189. A bill to amend the Internal Rev- mittee on Rules and Administration. lenging physical disabilities and other enue Code of 1986 to improve and extend the By Mrs. FEINSTEIN (for herself, Mrs. health issues. These veterans need our con- deduction for new and existing energy-effi- BOXER, Mr. WYDEN, Mr. MERKLEY, tinued support after they have left active cient commercial buildings, and for other Mr. REID, Mr. HELLER, Mr. ROCKE- service. All veterans are entitled to the best purposes; to the Committee on Finance. FELLER, Mr. DURBIN, and Ms. STABE- health care we can give them; and By Mr. BLUNT (for himself, Mr. NOW): Whereas, Several VA facilities have a INHOFE, Ms. AYOTTE, Mr. BURR, Mr. S. 2198. A bill to direct the Secretary of the backlog of patients waiting for colonoscopies KIRK, Mr. MCCAIN, Mr. PRYOR, Mr. Interior, the Secretary of Commerce, and the or endoscopies, necessary procedures for di- BARRASSO, Mr. BOOZMAN, Mr. CHAM- Administrator of the Environmental Protec- agnosing cancers of the colon and digestive BLISS, Mr. COATS, Mr. COBURN, Mr. tion Agency to take actions to provide addi- tract. As many as 7,000 veterans have been COCHRAN, Ms. COLLINS, Mr. CORNYN, tional water supplies and disaster assistance on the backlog list, often waiting over a year Mr. ENZI, Mrs. FISCHER, Mr. GRAHAM, to the State of California and other Western while experiencing pain and other symptoms Mr. GRASSLEY, Mr. HATCH, Mr. HELL- States due to drought, and for other pur- that could not be properly treated without ER, Mr. HOEVEN, Mr. ISAKSON, Mr. poses; read the first time. proper diagnosis; and JOHANNS, Mr. MCCONNELL, Mr. By Ms. MIKULSKI: Whereas, At least 19 veterans have died due MORAN, Ms. MURKOWSKI, Mr. PAUL, S. 2199. A bill to amend the Fair Labor to delays in commonly used medical Mr. PORTMAN, Mr. RISCH, Mr. ROB- Standards Act of 1938 to provide more effec- screenings, such as colonoscopies. Although ERTS, Mr. SESSIONS, Mr. SCOTT, Mr. tive remedies to victims of discrimination in the backlog problem was uncovered as early SHELBY, Mr. TOOMEY, Mr. VITTER, the payment of wages on the basis of sex, and as July of 2011, little progress has been made and Mr. WICKER): for other purposes; read the first time. in increasing the numbers of veterans who S. 2190. A bill to amend the Internal Rev- f receive the necessary medical procedures: enue Code of 1986 to allow employers to ex- Now, therefore, be it empt employees with health coverage under SUBMISSION OF CONCURRENT AND Resolved by the House of Representatives, TRICARE or the Veterans Administration SENATE RESOLUTIONS That we memorialize the Congress of the from being taken into account for purposes The following concurrent resolutions United States and the U.S. Department of of the employer mandate under the Patient Veterans Affairs to take a stronger role in Protection and Affordable Care Act; to the and Senate resolutions were read, and investigating and eliminating delays in vet- Committee on Finance. referred (or acted upon), as indicated: erans’ health care; and be it further By Mr. ROBERTS (for himself, Mr. By Ms. STABENOW (for herself, Mr. Resolved, That copies of this resolution be INHOFE, Mr. COCHRAN, Mr. MORAN, UDALL of Colorado, Mr. JOHANNS, and transmitted to the Secretary of the U.S. De- Mr. WICKER, Mr. ENZI, and Mr. CHAM- Mr. ISAKSON): partment of Veterans Affairs, the President BLISS): S. Res. 408. A resolution supporting the of the United States Senate, the Speaker of S. 2191. A bill to amend the Internal Rev- designation of April as ‘‘Parkinson’s Aware- the United States House of Representatives, enue Code of 1986 to repeal the excise tax on ness Month’’; considered and agreed to. and the members of the Michigan congres- high cost employer-sponsored health cov- f sional delegation. erage, and for other purposes; to the Com- mittee on Finance. ADDITIONAL COSPONSORS P0M–208. A resolution adopted by the By Mr. MARKEY (for himself and Mr. S. 104 Mayor and Council of the Borough of Butler, CRAPO): New Jersey, requesting the investment of ad- S. 2192. A bill to amend the National Alz- At the request of Mr. VITTER, the ditional funding to maintain highways and heimer’s Project Act to require the Director name of the Senator from Utah (Mr. improve the transportation infrastructure in of the National Institutes of Health to pre- HATCH) was added as a cosponsor of S. the State of New Jersey; to the Committee pare and submit, directly to the President 104, a bill to provide for congressional on Commerce, Science, and Transportation. for review and transmittal to Congress, an approval of national monuments and f annual budget estimate (including an esti- restricts on the use of national monu- mate of the number and type of personnel ments. REPORTS OF COMMITTEES needs for the Institutes) for the initiatives of The following reports of committees the National Institutes of Health pursuant to S. 289 were submitted: such an Act; to the Committee on Health, At the request of Ms. LANDRIEU, the By Mrs. BOXER, from the Committee on Education, Labor, and Pensions. name of the Senator from Florida (Mr. Environment and Public Works, with an By Mr. ALEXANDER (for himself, Mr. NELSON) was added as a cosponsor of S. amendment in the nature of a substitute: MCCONNELL, Mr. ISAKSON, and Mr. 289, a bill to extend the low-interest re- S. 864. A bill to amend the Safe Drinking PAUL): financing provisions under the Local Water Act to reauthorize technical assist- S. 2193. A bill to amend the Horse Protec- tion Act to provide increased protection for Development Business Loan Program ance to small public water systems, and for of the Small Business Administration. other purposes (Rept. No. 113–142). horses participating in shows, exhibitions, or By Mrs. BOXER, from the Committee on sales, and for other purposes; to the Com- S. 313 Environment and Public Works, with an mittee on Commerce, Science, and Transpor- At the request of Mr. CASEY, the amendment: tation. name of the Senator from Pennsyl- By Ms. HIRONO (for herself, Mr. REED, S. 970. A bill to amend the Water Resources vania (Mr. TOOMEY) was added as a co- and Mr. WHITEHOUSE): Research Act of 1984 to reauthorize grants sponsor of S. 313, a bill to amend the for and require applied water supply research S. 2194. A bill to improve the Federal Pell regarding the water resources research and Grant program, and for other purposes; to Internal Revenue Code of 1986 to pro- technology institutes established under the the Committee on Health, Education, Labor, vide for the tax treatment of ABLE ac- Act (Rept. No. 113–143). and Pensions. counts established under State pro- By Mrs. BOXER, from the Committee on By Mr. CRUZ: grams for the care of family members Environment and Public Works, without S. 2195. A bill to deny admission to the with disabilities, and for other pur- amendment: United States to any representative to the poses. H.R. 724. A bill to amend the Clean Air Act United Nations who has engaged in espio- to remove the requirement for dealer certifi- nage activities against the United States, S. 375 cation of new light-duty motor vehicles poses a threat to United States national se- At the request of Mr. TESTER, the (Rept. No. 113–144). curity interests, or has engaged in a ter- name of the Senator from Nevada (Mr.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1924 CONGRESSIONAL RECORD — SENATE April 1, 2014 REID) was added as a cosponsor of S. ming (Mr. ENZI) and the Senator from istration brokers performing services 375, a bill to require Senate candidates Minnesota (Mr. FRANKEN) were added in connection with the transfer of own- to file designations, statements, and as cosponsors of S. 1174, a bill to award ership of smaller privately held compa- reports in electronic form. a Congressional Gold Medal to the 65th nies. S. 484 Infantry Regiment, known as the S. 1982 At the request of Mr. INHOFE, the Borinqueneers. At the request of Mr. SANDERS, the name of the Senator from South Caro- S. 1256 name of the Senator from Minnesota lina (Mr. GRAHAM) was added as a co- At the request of Mrs. FEINSTEIN, the (Ms. KLOBUCHAR) was added as a cosponsor of S. 484, a bill to amend the name of the Senator from Connecticut sponsor of S. 1982, a bill to improve the Toxic Substances Control Act relating (Mr. BLUMENTHAL) was added as a co- provision of medical services and bene- to lead-based paint renovation and re- sponsor of S. 1256, a bill to amend the fits to veterans, and for other purposes. modeling activities. Federal Food, Drug, and Cosmetic Act S. 1999 S. 539 to preserve the effectiveness of medi- At the request of Mr. GRAHAM, the At the request of Mrs. SHAHEEN, the cally important antimicrobials used in name of the Senator from Alaska (Ms. name of the Senator from Virginia (Mr. the treatment of human and animal MURKOWSKI) was added as a cosponsor WARNER) was added as a cosponsor of S. diseases. of S. 1999, a bill to amend the 539, a bill to amend the Public Health S. 1349 Servicemembers Civil Relief Act to re- Service Act to foster more effective At the request of Mr. MORAN, the quire the consent of parties to con- implementation and coordination of name of the Senator from Pennsyl- tracts for the use of arbitration to re- clinical care for people with pre-diabe- vania (Mr. TOOMEY) was added as a co- solve controversies arising under the tes and diabetes. sponsor of S. 1349, a bill to enhance the contracts and subject to provisions of S. 635 ability of community financial institu- such Act and to preserve the rights of At the request of Mr. BROWN, the tions to foster economic growth and servicemembers to bring class actions name of the Senator from Tennessee serve their communities, boost small under such Act, and for other purposes. (Mr. ALEXANDER) was added as a co- businesses, increase individual savings, S. 2000 sponsor of S. 635, a bill to amend the and for other purposes. At the request of Mr. HATCH, the Gramm-Leach-Bliley Act to provide an S. 1422 name of the Senator from Alaska (Ms. exception to the annual written pri- At the request of Mr. CARDIN, the MURKOWSKI) was added as a cosponsor vacy notice requirement. name of the Senator from Maine (Ms. of S. 2000, a bill to amend title XVIII of S. 945 COLLINS) was added as a cosponsor of S. the Social Security Act to repeal the At the request of Mrs. SHAHEEN, the 1422, a bill to amend the Congressional Medicare sustainable growth rate and name of the Senator from Delaware Budget Act of 1974 respecting the scor- improve Medicare payments for physi- (Mr. CARPER) was added as a cosponsor ing of preventive health savings. cians and other professionals, and for of S. 945, a bill to amend title XVIII of S. 1462 other purposes. the Social Security Act to improve ac- At the request of Mr. THUNE, the S. 2004 cess to diabetes self-management name of the Senator from Ohio (Mr. At the request of Mr. BEGICH, the training by authorizing certified diabe- PORTMAN) was added as a cosponsor of names of the Senator from Rhode Is- tes educators to provide diabetes self- S. 1462, a bill to extend the positive land (Mr. WHITEHOUSE) and the Senator management training services, includ- train control system implementation from Minnesota (Ms. KLOBUCHAR) were ing as part of telehealth services, under deadline, and for other purposes. added as cosponsors of S. 2004, a bill to part B of the Medicare program. S. 1690 ensure the safety of all users of the S. 1011 At the request of Mr. LEAHY, the transportation system, including pe- At the request of Mr. JOHANNS, the name of the Senator from Oregon (Mr. destrians, bicyclists, transit users, name of the Senator from Maine (Mr. WYDEN) was added as a cosponsor of S. children, older individuals, and individ- KING) was added as a cosponsor of S. 1690, a bill to reauthorize the Second uals with disabilities, as they travel on 1011, a bill to require the Secretary of Chance Act of 2007. and across federally funded streets and the Treasury to mint coins in com- highways. memoration of the centennial of Boys S. 1733 Town, and for other purposes. At the request of Ms. KLOBUCHAR, the S. 2021 At the request of Ms. CANTWELL, the S. 1116 name of the Senator from Indiana (Mr. name of the Senator from Minnesota At the request of Mr. SCHUMER, the COATS) was added as a cosponsor of S. name of the Senator from Pennsyl- 1733, a bill to stop exploitation through (Mr. FRANKEN) was added as a cosponsor of S. 2021, a bill to amend the Inter- vania (Mr. CASEY) was added as a co- trafficking. sponsor of S. 1116, a bill to amend the S. 1737 nal Revenue Code of 1986 to modify the Internal Revenue Code of 1986 to equal- At the request of Mr. HARKIN, the incentives for the production of bio- ize the exclusion from gross income of names of the Senator from Florida (Mr. diesel. parking and transportation fringe ben- NELSON) and the Senator from New S. 2055 efits and to provide for a common cost- Mexico (Mr. HEINRICH) were added as At the request of Mr. BOOZMAN, the of-living adjustment, and for other pur- cosponsors of S. 1737, a bill to provide name of the Senator from Mississippi poses. for an increase in the Federal min- (Mr. WICKER) was added as a cosponsor S. 1133 imum wage and to amend the Internal of S. 2055, a bill to allow for the collec- At the request of Mr. ROCKEFELLER, Revenue Code of 1986 to extend in- tion of certain user fees by non-Federal the name of the Senator from South creased expensing limitations and the entities. Carolina (Mr. SCOTT) was added as a co- treatment of certain real property as S. 2075 sponsor of S. 1133, a bill to amend the section 179 property. At the request of Mr. WARNER, the Internal Revenue Code of 1986 to per- S. 1738 names of the Senator from Hawaii (Mr. manently extend the new markets tax At the request of Mr. CORNYN, the SCHATZ) and the Senator from Georgia credit, and for other purposes. name of the Senator from Indiana (Mr. (Mr. ISAKSON) were added as cosponsors S. 1150 COATS) was added as a cosponsor of S. of S. 2075, a bill to prohibit a reduction At the request of Mr. KAINE, his 1738, a bill to provide justice for the in funding for the defense commissary name was added as a cosponsor of S. victims of trafficking. system in fiscal year 2015 pending the 1150, a bill to posthumously award a S. 1923 report of the Military Compensation congressional gold medal to Constance At the request of Mr. MANCHIN, the and Retirement Modernization Com- Baker Motley. name of the Senator from Maine (Mr. mission. S. 1174 KING) was added as a cosponsor of S. S. 2087 At the request of Mr. BLUMENTHAL, 1923, a bill to amend the Securities Ex- At the request of Mr. PRYOR, the the names of the Senator from Wyo- change Act of 1934 to exempt from reg- name of the Senator from Montana

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1925 (Mr. WALSH) was added as a cosponsor STATEMENTS ON INTRODUCED for the 179D deduction, including by of S. 2087, a bill to protect the Medicare BILLS AND JOINT RESOLUTIONS providing automatic standard updates program under title XVIII of the Social By Mr. CARDIN (for himself, Mrs. for the years the deduction is available. We want to be sure that this in- Security Act with respect to reconcili- FEINSTEIN, and Mr. SCHATZ): ation involving changes to the Medi- S. 2189. A bill to amend the Internal centive is going to technologies that care program. Revenue Code of 1986 to improve and meet truly efficient standards. S. 2103 extend the deduction for new and exist- We also make the deduction more ac- At the request of Mr. BOOZMAN, the ing energy-efficient commercial build- cessible to all real estate owners and names of the Senator from Alaska (Mr. ings, and for other purposes; to the those involved in implementing energy efficiency improvements, including BEGICH) and the Senator from Idaho Committee on Finance. (Mr. RISCH) were added as cosponsors of Mr. CARDIN. Mr. President, today I through updated partial deduction standards and allocation provisions. S. 2103, a bill to direct the Adminis- rise with my colleagues Senator FEIN- Finally, the bill recognizes that, in trator of the Federal Aviation Admin- STEIN and Senator SCHATZ to introduce the same way we encourage new con- istration to issue or revise regulations the Energy Efficiency Tax Incentives struction to meet these standards, we with respect to the medical certifi- Act. should encourage energy efficiency ret- cation of certain small aircraft pilots, Encouraging energy efficiency improvements is a smart and cost-effec- rofits. and for other purposes. Our current tax policies do not yet tive way to reduce pollution, increase S. 2109 provide an effective incentive for retro- the competitiveness of our employers, At the request of Mr. WARNER, the fitting our existing building stock. For and to create jobs in both our construc- name of the Senator from Missouri example, the Empire State Building (Mrs. MCCASKILL) was added as a co- tion and manufacturing sectors. retrofit project, which will reduce that As I have discussed previously on the sponsor of S. 2109, a bill to eliminate building’s energy consumption by 40 floor of the Senate, our energy problem duplicative, outdated, or unnecessary percent, did not qualify for a section in this country can be primarily attrib- Congressionally mandated Federal 179D deduction under its current struc- uted to a waste problem. Recently, the agency reporting. ture. Department of Energy calculated that S. 2163 Our bill would provide a deduction we waste 57 percent of all energy pro- At the request of Mr. UDALL of Colo- for retrofits of existing commercial duced. rado, the name of the Senator from and multifamily buildings to further Our goal in introducing this bill is to encourage retrofit projects. Like sec- Washington (Mrs. MURRAY) was added prevent that waste by providing fo- as a cosponsor of S. 2163, a bill to es- tion 179D, the deduction would be per- cused incentives that encourage sig- formance-based to encourage ambi- tablish an emergency watershed pro- nificant improvements in energy effi- tection disaster assistance fund to be tious improvements and make the ciency and truly innovative energy ef- credit more accessible to building own- available to the Secretary of Agri- ficiency technologies. culture to provide assistance for any ers. While my colleagues will explain how Before turning to my colleagues, I natural disaster. the bill does this for our homes and the S. 2176 would like to reiterate that America’s industrial sector, I would like to focus energy and economic future requires a At the request of Mr. WARNER, the on how our bill improves energy effi- name of the Senator from Virginia (Mr. focus on these energy incentives. Ini- ciency outcomes for commercial and tiatives like our bill are needed not KAINE) was added as a cosponsor of S. multifamily buildings. only to generate jobs, and savings for 2176, a bill to revise reporting require- About 40 percent of energy consump- businesses and taxpayers, but also to ments under the Patient Protection tion in the United States comes from improve our environment and make and Affordable Care Act to preserve the our buildings, and up to 80 percent of privacy of individuals, and for other our nation more energy secure. the buildings standing today will still Mr. CARDIN. Mr. President, I ask purposes. be here in 2050. Encouraging efficiency unanimous consent that the text of the S. 2178 in new construction, and making these bill be printed in the RECORD. At the request of Mr. ALEXANDER, the existing buildings more efficient, There being no objection, the text of names of the Senator from Kentucky would generate billions of dollars in the bill was ordered to be printed in (Mr. MCCONNELL), the Senator from energy savings, spur job creation, and the RECORD, as follows: Kansas (Mr. ROBERTS) and the Senator reduce carbon emissions. S. 2189 Until January 1, 2014, Section 179D of from North Carolina (Mr. BURR) were Be it enacted by the Senate and House of Rep- added as cosponsors of S. 2178, a bill to the Internal Revenue Code provided a resentatives of the United States of America in amend the National Labor Relations tax deduction that allowed for cost re- Congress assembled, Act with respect to the timing of elec- covery regarding energy efficient en- SECTION 1. SHORT TITLE; AMENDMENT OF 1986 tions and pre-election hearings and the ergy efficiency improvements to a CODE; TABLE OF CONTENTS. identification of pre-election issues, building’s lighting, HVAC, and enve- (a) SHORT TITLE.—This Act may be cited as lope. the ‘‘Energy Efficiency Tax Incentives Act’’. and to require that lists of employees (b) AMENDMENT OF 1986 CODE.—Except as eligible to vote in organizing elections Typically, the cost of energy consumption is part of a business’s ex- otherwise expressly provided, whenever in be provided to the National Labor Re- this Act an amendment or repeal is ex- lations Board. penses and thus immediately deduct- pressed in terms of an amendment to, or re- ible. Section 179D was an important S. RES. 384 peal of, a section or other provision, the ref- provision because it aligned the Inter- erence shall be considered to be made to a At the request of Mr. KAINE, the nal Revenue Code to similarly section or other provision of the Internal name of the Senator from North Caro- incentivize energy savings through ef- Revenue Code of 1986. lina (Mr. BURR) was added as a cospon- ficiency improvements. In terms of (c) TABLE OF CONTENTS.—The table of con- sor of S. Res. 384, a resolution express- meeting our energy demands, some of tents of this Act is as follows: ing the sense of the Senate concerning the cheapest and cleanest energy we Sec. 1. Short title; amendment of 1986 Code; the humanitarian crisis in Syria and have is the energy we don’t use because table of contents. neighboring countries, resulting hu- of these improvements. TITLE I—COMMERCIAL BUILDING manitarian and development chal- Unfortunately, the 179D deduction MODERNIZATION lenges, and the urgent need for a polit- expired at the end of 2013. As we move Sec. 101. Extension and modification of de- ical solution to the crisis. duction for energy-efficient forward with tax extenders, it is crit- commercial buildings. S. RES. 404 ical that this provision be restored. Sec. 102. Deduction for retrofits of existing At the request of Mr. MENENDEZ, the Our bill restores the 179D deduction commercial and multifamily name of the Senator from New York by extending it through 2016. In addi- buildings. (Mrs. GILLIBRAND) was added as a co- tion, our bill makes commonsense re- TITLE II—HOME ENERGY sponsor of S. Res. 404, a resolution hon- forms to that section. IMPROVEMENTS oring the accomplishments and legacy We update the energy efficiency Sec. 201. Performance based home energy of Cesar Estrada Chavez. standards that must be met to qualify improvements.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00043 Fmt 4624 Sfmt 0655 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1926 CONGRESSIONAL RECORD — SENATE April 1, 2014 TITLE III—INDUSTRIAL ENERGY AND with the Secretary of Energy, and not later be allowed as deductions in the taxable years WATER EFFICIENCY than 6 months after the date of the enact- for which such amounts are claimed under Sec. 301. Modifications in credit for comment of the Energy Efficiency Tax Incen- such section. bined heat and power system tives Act, shall promulgate regulations re- ‘‘(II) CAPTIVE REAL ESTATE INVESTMENT property. garding combined envelope and mechanical TRUST.—The term ‘captive real estate invest- Sec. 302. Investment tax credit for biomass system performance that detail appropriate ment trust’ means a real estate investment heating property. components, efficiency levels, or other rel- trust the shares or beneficial interests of Sec. 303. Investment tax credit for waste evant information for the systems referred which are not regularly traded on an estab- heat to power property. to in subsection (c)(1)(C)(ii) and subsection lished securities market and more than 50 Sec. 304. Motor energy efficiency improve- (c)(1)(C)(iii) together to be deemed to have percent of the voting power or value of the ment tax credit. achieved two-thirds of the requirements of beneficial interests or shares of which are Sec. 305. Credit for replacement of CFC re- subsection (c)(1)(D).’’. owned or controlled, directly or indirectly, frigerant chiller. (c) DENIAL OF DOUBLE BENEFIT RULES.— or constructively, by a single entity that is Sec. 306. Qualifying efficient industrial proc- (1) IN GENERAL.—Section 179D is amended treated as an association taxable as a cor- ess water use project credit. by redesignating subsection (h) as subsection poration under this title and is not exempt TITLE I—COMMERCIAL BUILDING (i) and by inserting after subsection (g) the from taxation pursuant to the provisions of MODERNIZATION following new subsection: section 501(a). SEC. 101. EXTENSION AND MODIFICATION OF DE- ‘‘(h) TAX INCENTIVES NOT AVAILABLE.—En- ‘‘(III) RULES OF APPLICATION.—For purposes DUCTION FOR ENERGY-EFFICIENT ergy-efficient measures for which a deduc- of this clause, the constructive ownership COMMERCIAL BUILDINGS. tion is allowed under this section shall not rules of section 318(a), as modified by section (a) EXTENSION.— be eligible for a deduction under section 856(d)(5), shall apply in determining the own- (1) THROUGH 2016.—Section 179D(h) is 179F.’’. ership of stock, assets, or net profits of any amended by striking ‘‘December 31, 2013’’ and (2) LOW-INCOME HOUSING EXCEPTION TO BASIS person, and the following entities are not inserting ‘‘December 31, 2016’’. REDUCTION.—Subsection (e) of section 179D is considered an association taxable as a cor- (2) INCLUSION OF MULTIFAMILY BUILDINGS.— amended by inserting ‘‘(other than property poration: (A) IN GENERAL.—Subparagraph (B) of sec- placed in service in a qualified low-income ‘‘(aa) Any real estate investment trust tion 179D(c)(1) is amended by striking ‘‘build- building (within the meaning of section 42))’’ other than a captive real estate investment ing’’ and inserting ‘‘commercial building or after ‘‘building property’’. trust. multifamily building’’. (d) ALLOCATION OF DEDUCTION.—Paragraph ‘‘(bb) Any qualified real estate investment (B) DEFINITIONS.—Subsection (c) of section (4) of section 179D(d) is amended to read as trust subsidiary under section 856, other 179D is amended by adding at the end the fol- follows: than a qualified REIT subsidiary of a captive lowing new paragraphs: ‘‘(4) ALLOCATION OF DEDUCTION.— real estate investment trust. ‘‘(3) COMMERCIAL BUILDING.—The term ‘‘(A) IN GENERAL.—Not later than 180 days ‘‘(cc) Any Listed Australian Property ‘commercial building’ means a building with after the date of the enactment of this sub- Trust (meaning an Australian unit trust reg- a primary use or purpose other than as resi- section, the Secretary, in consultation with istered as a ‘Managed Investment Scheme’ dential housing. the Secretary of Energy, shall promulgate a under the Australian Corporations Act in ‘‘(4) MULTIFAMILY BUILDING.—The term regulation to allow the owner of a commer- which the principal class of units is listed on ‘multifamily building’ means a structure of 5 cial or multifamily building, including a a recognized stock exchange in Australia and or more dwelling units with a primary use as government, tribal, or non-profit owner, to is regularly traded on an established securi- residential housing, and includes such build- allocate any deduction allowed under this ties market), or an entity organized as a ings owned and operated as a condominium, section, or a portion thereof, to the person trust, provided that a Listed Australian cooperative, or other common interest com- primarily responsible for designing the prop- Property Trust owns or controls, directly or munity.’’. erty in lieu of the owner or to a commercial indirectly, 75 percent or more of the voting (b) INCREASE IN MAXIMUM AMOUNT OF DE- tenant that leases or otherwise occupies power or value of the beneficial interests or DUCTION.— space in such building pursuant to a written shares of such trust. (1) IN GENERAL.—Subparagraph (A) of sec- agreement. Such person shall be treated as ‘‘(dd) Any corporation, trust, association, tion 179D(b)(1) is amended by striking ‘‘$1.80’’ the taxpayer for purposes of this section. or partnership organized outside the laws of and inserting ‘‘$3.00’’. ‘‘(B) FORM OF ALLOCATION.—An allocation the United States and which satisfies the cri- (2) PARTIAL ALLOWANCE.—Paragraph (1) of made under this paragraph shall be in writ- teria described in subclause (IV). section 179D(d) is amended to read as follows: ing and in a form that meets the form of al- ‘‘(IV) CRITERIA.—The criteria described in ‘‘(1) PARTIAL ALLOWANCE.— location requirements in Notice 2008–40 of this subclause are as follows: ‘‘(A) IN GENERAL.—Except as provided in the Internal Revenue Service. subsection (f), if— ‘‘(aa) At least 75 percent of the entity’s ‘‘(C) PROVISION OF ALLOCATION.—Not later total asset value at the close of its taxable ‘‘(i) the requirement of subsection (c)(1)(D) than 30 days after receipt of a written re- year is represented by real estate assets (as is not met, but quest from a person eligible to receive an al- defined in section 856(c)(5)(B)), cash and cash ‘‘(ii) there is a certification in accordance location under this paragraph, the owner of equivalents, and United States Government with paragraph (6) that— a building that makes an allocation under ‘‘(I) any system referred to in subsection securities. this paragraph shall provide the form of allo- (c)(1)(C) satisfies the energy-savings targets ‘‘(bb) The entity is not subject to tax on cation (as described in subparagraph (B)) to established by the Secretary under subpara- amounts distributed to its beneficial owners, such person. graph (B) with respect to such system, or or is exempt from entity-level taxation. ‘‘(D) ALLOCATION FROM PUBLIC OWNER OF ‘‘(II) the systems referred to in subsection ‘‘(cc) The entity distributes at least 85 per- BUILDING.—In the case of a commercial build- (c)(1)(C)(ii) and subsection (c)(1)(C)(iii) to- cent of its taxable income (as computed in ing or multifamily building that is owned by gether satisfy the energy-savings targets es- the jurisdiction in which it is organized) to a Federal, State, or local government or a tablished by the Secretary under subpara- the holders of its shares or certificates of subdivision thereof, Notice 2006–52 of the In- graph (B) with respect to such systems, beneficial interest on an annual basis. ternal Revenue Service, as amplified by No- ‘‘(dd) Not more than 10 percent of the vot- then the requirement of subsection (c)(1)(D) tice 2008–40, shall apply to any allocation.’’. ing power or value in such entity is held di- shall be treated as met with respect to such (e) TREATMENT OF BASIS IN CONTEXT OF AL- rectly or indirectly or constructively by a system or systems, and the deduction under LOCATION.—Subsection (e) of section 179D, as subsection (a) shall be allowed with respect amended by subsection (c)(2), is amended by single entity or individual, or the shares or to energy-efficient commercial building inserting ‘‘or so allocated’’ after ‘‘so al- beneficial interests of such entity are regu- property installed as part of such system and lowed’’. larly traded on an established securities as part of a plan to meet such targets, except (f) EARNINGS AND PROFITS CONFORMITY FOR market. that subsection (b) shall be applied to such REAL ESTATE INVESTMENT TRUSTS.—Subpara- ‘‘(ee) The entity is organized in a country property described in clause (ii)(I) by sub- graph (B) of section 312(k)(3) is amended— which has a tax treaty with the United stituting ‘$1.00’ for ‘$3.00’ and to such prop- (1) by striking ‘‘.—For purposes of’’ and in- States.’’. erty described in clause (ii)(II) by sub- serting ‘‘.— (g) RULES FOR LIGHTING SYSTEMS.—Sub- stituting ‘$2.20’ for ‘$3.00’. ‘‘(i) IN GENERAL.—Except as provided in section (f) of section 179D is amended to read ‘‘(B) REGULATIONS.— clause (ii), for purposes of’’, and as follows: ‘‘(i) IN GENERAL.—The Secretary, after con- (2) by adding at the end the following new ‘‘(f) RULES FOR LIGHTING SYSTEMS.— sultation with the Secretary of Energy, shall clause: ‘‘(1) IN GENERAL.—With respect to property promulgate regulations establishing a target ‘‘(ii) EARNINGS AND PROFITS CONFORMITY that is part of a lighting system, the deduc- for each system described in subsection FOR REAL ESTATE INVESTMENT TRUSTS.— tion allowed under subsection (a) shall be (c)(1)(C) which, if such targets were met for ‘‘(I) IN GENERAL.—For purposes of com- equal to— all such systems, the property would meet puting the earnings and profits of a real es- ‘‘(A) for a lighting system that includes in- the requirements of subsection (c)(1)(D). tate investment trust (other than a captive stallation of a lighting control described in ‘‘(ii) SAFE HARBOR FOR COMBINED SYS- real estate investment trust), the entire paragraph (2)(A), the applicable amount de- TEMS.—The Secretary, after consultation amount deductible under section 179D shall termined under paragraph (3)(A),

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1927 ‘‘(B) for a lighting system that includes in- ‘‘If the percentage of re- The amount of the deduc- ‘‘(BB) the sidelighting effective aperture is stallation of a lighting control described in duction in lighting tion per square foot less than 0.1. paragraph (2)(B), the applicable amount de- power density is not is: ‘‘(iii) DAYLIGHT, SIDELIGHTING, AND OTHER less than: termined under paragraph (3)(B), or RELATED TERMS.—The terms ‘daylight area’, 30 percent ...... $0.44 ‘‘(C) for a lighting system that does not in- ‘daylight area under skylights’, ‘daylight clude installation of any lighting controls 35 percent ...... $0.58 area under rooftop monitors’, ‘daylighted described in subparagraphs (A) or (B) of para- 40 percent ...... $0.72 area’, ‘enclosed space’, ‘primary sidelighted graph (2), the applicable amount determined 45 percent ...... $0.86 areas’, ‘sidelighting effective aperture’, and under paragraph (3)(C). 50 percent ...... $1.00 ‘skylight effective aperture’ have the same ‘‘(2) ENERGY SAVING CONTROLS.— ‘‘(4) DEFINITIONS.—For purposes of this sub- meaning given such terms under Standard ‘‘(A) LIGHTING CONTROLS IN CERTAIN section: 90.1-2010. ‘‘(D) DEMAND RESPONSIVE CONTROL.— SPACES.—For purposes of paragraph (1)(A), ‘‘(A) BI-LEVEL CONTROL.— ‘‘(i) IN GENERAL.—The term ‘demand re- the lighting controls described in this sub- ‘‘(i) IN GENERAL.—Subject to clause (ii), the paragraph are the following: term ‘bi-level control’ means a lighting con- sponsive control’ means a control device ‘‘(i) Occupancy sensors (as described in trol strategy that provides for 2 different that receives and automatically responds to a demand response signal and— paragraph (4)(I)) in spaces not greater than levels of lighting. ‘‘(I) in the case of space-conditioning sys- 800 square feet. ‘‘(ii) FULL-OFF SETTING.—For purposes of tems, conducts a centralized demand shed for ‘‘(ii) Bi-level controls (as described in para- clause (i), a bi-level control shall also pro- non-critical zones during a demand response graph (4)(A)). vide for a full-off setting. period and that has the capability to, on a ‘‘(iii) Continuous or step dimming controls ‘‘(B) CONTINUOUS DIMMING.—The term ‘con- signal from a centralized contract or soft- (as described in subparagraphs (B) and (K) of tinuous dimming’ means a lighting control ware point within an Energy Management paragraph (4)). strategy that adjusts the light output of a Control System— ‘‘(iv) Daylight dimming where sufficient lighting system between minimum and max- ‘‘(aa) remotely increase the operating cool- daylight is available (as described in para- imum light output in a manner that is not ing temperature set points in such zones by graph (4)(C)). perceptible. ‘‘(v) A multi-scene controller (as described not less than 4 degrees, ‘‘(C) DAYLIGHT DIMMING; SUFFICIENT DAY- ‘‘(bb) remotely decrease the operating in paragraph (4)(H)). LIGHT.— ‘‘(vi) Time scheduling controls (as de- heating temperature set points in such zones ‘‘(i) DAYLIGHT DIMMING.—The term ‘day- by not less than 4 degrees, scribed in paragraph (4)(L)), provided that light dimming’ means any device that— such controls are not required by Standard ‘‘(cc) remotely reset temperatures in such ‘‘(I) adjusts electric lighting power in re- zones to originating operating levels, and 90.1-2010. sponse to the amount of daylight that is ‘‘(vii) Such other lighting controls as the ‘‘(dd) provide an adjustable rate of change present in an area, and for any temperature adjustment and reset, Secretary, in consultation with the Sec- ‘‘(II) provides for separate control of the retary of Energy, determines appropriate. and lamps for general lighting in the daylight ‘‘(II) in the case of lighting power, has the ‘‘(B) OTHER CONTROL TYPES.—For purposes area by not less than 1 multi-level of paragraph (1)(B), the lighting controls de- capability to reduce lighting power by not photocontrol, including continuous dimming less than 30 percent during a demand re- scribed in this subparagraph are the fol- devices, that satisfies the following require- sponse period. lowing: ments: ‘‘(ii) DEMAND RESPONSE PERIOD.—The term ‘‘(i) Occupancy sensors (as described in ‘‘(aa) The light sensor for the multi-level ‘demand response period’ means a period in paragraph (4)(I)) in spaces greater than 800 photocontrol is remote from where calibra- which short-term adjustments in electricity square feet. tion adjustments are made. usage are made by end-use customers from ‘‘(ii) Demand responsive controls (as de- ‘‘(bb) The calibration adjustments are normal electricity consumption patterns, in- scribed in paragraph (4)(D)). readily accessible. cluding adjustments in response to— ‘‘(iii) Lumen maintenance controls (as de- ‘‘(cc) The multi-level photocontrol reduces ‘‘(I) the price of electricity, and scribed in paragraph (4)(F)) where solid state electric lighting power in response to the ‘‘(II) participation in programs or services lighting is used. amount of daylight with— that are designed to modify electricity usage ‘‘(iv) Such other lighting controls as the ‘‘(AA) not less than 1 control step that is in response to wholesale market prices for Secretary, in consultation with the Sec- between 50 percent and 70 percent of design electricity or when reliability of the elec- retary of Energy, determines appropriate. lighting power, and trical system is in jeopardy. ‘‘(3) APPLICABLE AMOUNT.— ‘‘(BB) not less than 1 control step that is ‘‘(iii) DEMAND RESPONSE SIGNAL.—The term ‘‘(A) LIGHTING CONTROLS IN CERTAIN not less than 35 percent of design lighting ‘demand response signal’ means a signal sent SPACES.—For purposes of paragraph (1)(A), power. to an end-use customer by a local utility, the applicable amount shall be determined in ‘‘(ii) SUFFICIENT DAYLIGHT.— independent system operator, or designated accordance with the following table: ‘‘(I) IN GENERAL.—The term ‘sufficient day- curtailment service provider or aggregator ‘‘If the percentage of re- The amount of the deduc- light’ means— that— duction in lighting tion per square foot ‘‘(aa) in the case of toplighted areas, when ‘‘(I) indicates an adjustment in the price of power density is not is: the total daylight area under skylights plus electricity, or less than: 15 percent ...... $0.30 the total daylight area under rooftop mon- ‘‘(II) is a request to modify electricity con- 20 percent ...... $0.44 itors in an enclosed space is greater than 900 sumption. 25 percent ...... $0.58 square feet (as defined in Standard 90.1-2010), ‘‘(E) LAMP.—The term ‘lamp’ means an ar- 30 percent ...... $0.72 and tificial light source that produces optical ra- 35 percent ...... $0.86 ‘‘(bb) in the case of sidelighted areas, when diation (including ultraviolet and infrared 40 percent ...... $1.00 the combined primary sidelight area in an radiation). ‘‘(B) LIGHTING CONTROLS IN LARGER SPACES enclosed space is not less than 250 square ‘‘(F) LUMEN MAINTENANCE CONTROL.—The AND WHERE SOLID LIGHTING IS USED.—For pur- feet (as defined in Standard 90.1-2010). term ‘lumen maintenance control’ means a poses of paragraph (1)(B), the applicable ‘‘(II) EXCEPTIONS.—Sufficient daylight lighting control strategy that maintains amount shall be determined in accordance shall be deemed to not be available if— constant light output by adjusting lamp with the following table: ‘‘(aa) in the case of areas described in sub- power to compensate for age and cleanliness ‘‘If the percentage of re- The amount of the deduc- clause (I)(aa)— of luminaires. duction in lighting tion per square foot ‘‘(AA) for daylighted areas under sky- ‘‘(G) LUMINAIRE.—The term ‘luminaire’ power density is not is: lights, it is documented that existing adja- means a complete lighting unit for the pro- less than: cent structures or natural objects block di- duction, control, and distribution of light 20 percent ...... $0.30 rect beam sunlight for more than 1500 day- that consists of— 25 percent ...... $0.44 time hours (after 8 a.m. and before 4 p.m., ‘‘(i) not less than 1 lamp, and 30 percent ...... $0.58 local time) per year, ‘‘(ii) any of the following items: 35 percent ...... $0.72 ‘‘(BB) for daylighted areas, the skylight ef- ‘‘(I) Optical control devices designed to dis- 40 percent ...... $0.86 45 percent ...... $1.00 fective aperture is less than 0.006, or tribute light. ‘‘(CC) for buildings in climate zone 8, as de- ‘‘(II) Sockets or mountings for the posi- ‘‘(C) NO QUALIFIED LIGHTING CONTROLS.— fined under Standard 90.1-2010, the daylight tioning, protection, and operation of the For purposes of paragraph (1)(C), the applica- areas total less than 1500 square feet in an lamps. ble amount shall be determined in accord- enclosed space, and ‘‘(III) Mechanical components for support ance with the following table: ‘‘(bb) in the case of primary sidelighted or attachment. areas described in subclause (I)(bb)— ‘‘(IV) Electrical and electronic components ‘‘If the percentage of re- The amount of the deduc- duction in lighting tion per square foot ‘‘(AA) the top of the existing adjacent for operation and control of the lamps. power density is not is: structures are at least twice as high above ‘‘(H) MULTI-SCENE CONTROL.—The term less than: the windows as the distance from the win- ‘multi-scene control’ means a lighting con- 25 percent ...... $0.30 dow, or trol device or system that allows for—

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1928 CONGRESSIONAL RECORD — SENATE April 1, 2014 ‘‘(i) not less than 2 predetermined lighting subsection (j) as subsection (k) and by insert- ‘‘(i) $1.00 per square foot of retrofit floor settings, ing after subsection (i) the following new area for 20 to 24 percent source energy sav- ‘‘(ii) a setting that turns off all luminaires subsection: ings, in an area, and ‘‘(j) SPECIAL RULE FOR PARTNERSHIPS AND S ‘‘(ii) $1.50 per square foot of retrofit floor ‘‘(iii) a recall of the settings described in CORPORATIONS.—In the case of a partnership area for 25 to 29 percent source energy sav- clauses (i) and (ii) for any luminaires or or S corporation, this section shall be ap- ings, groups of luminaires to adjust to multiple plied at the partner or shareholder level, ‘‘(iii) $2.00 per square foot of retrofit floor activities within the area. subject to such reporting requirements as area for 30 to 34 percent source energy sav- ‘‘(I) OCCUPANCY SENSOR.—The term ‘occu- are determined appropriate by the Sec- ings, pancy sensor’ means a control device that— retary.’’. ‘‘(iv) $2.50 per square foot of retrofit floor ‘‘(i) detects the presence or absence of indi- (l) EFFECTIVE DATE.—Except as otherwise area for 35 to 39 percent source energy sav- viduals within an area and regulates light- provided, the amendments made by this sec- ings, ing, equipment, or appliances according to a tion shall apply to property placed in service ‘‘(v) $3.00 per square foot of retrofit floor required sequence of operation, in taxable years beginning after the date of area for 40 to 44 percent source energy sav- ‘‘(ii) shuts off lighting when an area is un- the enactment of this Act. ings, ‘‘(vi) $3.50 per square foot of retrofit floor occupied, SEC. 102. DEDUCTION FOR RETROFITS OF EXIST- ‘‘(iii) except in areas designated as emer- ING COMMERCIAL AND MULTI- area for 45 to 49 percent source energy sav- gency egress and using less than 0.2 watts FAMILY BUILDINGS. ings, and ‘‘(vii) $4.00 per square foot of retrofit floor per square foot of floor area, provides for (a) IN GENERAL.—Part VI of subchapter B manual shut-off of all luminaires regardless of chapter 1 of the Internal Revenue Code of area for 50 percent or more source energy of the status of the sensor and allows for— 1986 is amended by inserting after section savings. ‘‘(I) independent control in each area en- 179E the following new section: ‘‘(B) HISTORIC BUILDINGS.— ‘‘(i) IN GENERAL.—With respect to energy- closed by ceiling-height partitions, ‘‘SEC. 179F. DEDUCTION FOR RETROFITS OF EX- ‘‘(II) controls that are readily accessible, efficient measures placed in service as part ISTING COMMERCIAL AND MULTI- of a certified retrofit plan in a commercial and FAMILY BUILDINGS. building or multifamily building on or eligi- ‘‘(III) operation by a manual switch that is ‘‘(a) ALLOWANCE OF DEDUCTION.— ble for the National Register of Historic located in the same area as the lighting that ‘‘(1) IN GENERAL.—With respect to each cer- is subject to the control device. Places, the respective dollar amounts set tified retrofit plan, there shall be allowed as forth in the general scale under subpara- ‘‘(J) STANDARD 90.1-2010.—The term ‘Stand- a deduction an amount equal to the lesser ard 90.1-2010’ means Standard 90.1-2010 of the graph (A) shall— of— ‘‘(I) each be increased by 20 percent, for the American Society of Heating, Refrigerating, ‘‘(A) the sum of— and Air Conditioning Engineers and the Illu- purposes of calculating any applicable design ‘‘(i) the design deduction, and deduction and realized deduction, and minating Engineering Society of North ‘‘(ii) the realized deduction, or America. ‘‘(II) not exceed the total cost to develop ‘‘(B) the total cost to develop and imple- and implement such certified retrofit plan. ‘‘(K) STEP DIMMING.—The term ‘step dim- ment such certified retrofit plan. XCEPTION.—If the amount described ming’ means a lighting control strategy that ‘‘(ii) E ‘‘(2) EXCEPTION.—For purposes of the in clause (i)(II) is taken as a design deduc- adjusts the light output of a lighting system amount described in paragraph (1)(B), if such tion, then no realized deduction shall be al- by 1 or more predetermined amounts of amount is taken as a design deduction, no lowed. greater than 1 percent of full output in a realized deduction shall be allowed. ‘‘(c) CALCULATION OF ENERGY SAVINGS.— manner that may be perceptible. ‘‘(b) DEDUCTION AMOUNTS.—For purposes of ‘‘(1) IN GENERAL.—For purposes of the de- ‘‘(L) TIME SCHEDULING CONTROL.—The term this section— sign deduction and the realized deduction, ‘time scheduling control’ means a control ‘‘(1) DESIGN DEDUCTION.—A design deduc- source energy savings shall be calculated strategy that automatically controls light- tion shall be— with reference to a baseline of the annual ing, equipment, or systems based on a par- ‘‘(A) based on projected source energy sav- source energy consumption of the commer- ticular time of day or other daily event (in- ings as calculated in accordance with sub- cial or multifamily building before energy- cluding sunrise and sunset).’’. section (c)(3)(B), efficient measures were placed in service. (h) UPDATED STANDARDS.— ‘‘(B) correlated to the percent of source en- ‘‘(2) BASELINE BENCHMARK.—The baseline (1) INITIAL UPDATE.— ergy savings set forth in the general scale in under paragraph (1) shall be determined (A) IN GENERAL.—Section 179D(c) is amend- paragraph (3)(A) that a certified retrofit plan using a building energy performance ed by striking ‘‘90.1-2001’’ each place it ap- is projected to achieve when energy-efficient benchmarking tool designated by the Admin- pears and inserting ‘‘90.1-2004’’. measures are placed in service, and istrator of the Environmental Protection (B) CONFORMING AMENDMENT.—Paragraph ‘‘(C) equal to 60 percent of the amount al- Agency, and based upon 1 year of source en- (2) of section 179D(c) is amended by striking lowed under the general scale. ergy consumption data prior to the date ‘‘(as in effect on April 2, 2003)’’. ‘‘(2) REALIZED DEDUCTION.— upon which the energy-efficient measures (2) SECOND UPDATE.— ‘‘(A) IN GENERAL.—A realized deduction are placed in service. (A) IN GENERAL.—Section 179D is amended shall be— ‘‘(3) DESIGN AND REALIZED SOURCE ENERGY by striking ‘‘90.1-2004’’ each place it appears ‘‘(i) based on realized source energy sav- SAVINGS.— in subsections (c) and (f) and inserting ‘‘90.1- ings as calculated in accordance with sub- ‘‘(A) IN GENERAL.—In certifying a retrofit 2007’’. section (c)(3)(C), plan as a certified retrofit plan, a licensed (B) EFFECTIVE DATE.—The amendments ‘‘(ii) correlated to the percent of source en- engineer or architect shall calculate source made by subparagraph (A) shall apply to ergy savings set forth in the general scale in energy savings by utilizing the baseline property placed in service after December 31, paragraph (3)(A) as realized by a certified benchmark defined in paragraph (2) and de- 2014. retrofit plan, and termining percent improvements from such (i) TREATMENT OF LIGHTING SYSTEMS.—Sec- ‘‘(iii) equal to 40 percent of the amount al- tion 179D(c)(1) is amended by striking ‘‘inte- baseline. lowed under the general scale. rior’’ each place it appears. ‘‘(B) DESIGN DEDUCTION.—For purposes of ‘‘(B) ADJUSTMENT OF SOURCE ENERGY SAV- (j) REPORTING PROGRAM.—Section 179D, as claiming a design deduction, the regulations amended by subsection (c)(1), is amended by INGS.—The percent of source energy savings issued under subsection (f)(1) shall prescribe redesignating subsection (i) as subsection (j) for purposes of any realized deduction may the standards and process for a licensed engi- and by inserting after subsection (h) the fol- vary from such savings projected when en- neer or architect to calculate and certify lowing new subsection: ergy-efficient measures were placed in serv- source energy savings projected from the de- ‘‘(i) REPORTING PROGRAM.—For purposes of ice for purposes of a design deduction under sign of a certified retrofit plan as of the date the report required under section 179F(l), the paragraph (1). energy-efficient measures are placed in serv- Secretary, in consultation with the Sec- ‘‘(C) NO RECAPTURE OF DESIGN DEDUCTION.— ice. retary of Energy, shall— Notwithstanding the regulations prescribed ‘‘(C) REALIZED DEDUCTION.—For purposes of ‘‘(1) develop a program to collect a statis- under subsection (f), no recapture of a design claiming a realized deduction, a licensed en- tically valid sample of energy consumption deduction shall be required where the owner gineer or architect shall calculate and cer- data from taxpayers that received full deduc- of the commercial or multifamily building— tify source energy savings realized by a cer- tions under this section, regardless of wheth- ‘‘(i) claims or allocates a design deduction tified retrofit plan 2 years after a design de- er such taxpayers allocated all or a portion when energy-efficient measures are placed duction is allowed by utilizing energy con- of such deduction, and into service pursuant to the terms and condi- sumption data after energy-efficient meas- ‘‘(2) include such data in the report, with tions of a certified retrofit plan, and ures are placed in service, and adjusting for such redactions as deemed necessary to pro- ‘‘(ii) is not eligible for or does not subse- climate, building occupancy hours, density, tect the personally identifiable information quently claim or allocate a realized deduc- or other factors deemed appropriate in the of such taxpayers.’’. tion. benchmarking tool designated under para- (k) SPECIAL RULE FOR PARTNERSHIPS AND S ‘‘(3) GENERAL SCALE.— graph (2). CORPORATIONS.—Section 179D, as amended by ‘‘(A) IN GENERAL.—The scale for deductions ‘‘(d) CERTIFIED RETROFIT PLAN AND OTHER subsection (j), is amended by redesignating allowed under this section shall be— DEFINITIONS.—For purposes of this section—

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‘‘(1) CERTIFIED RETROFIT PLAN.—The term ‘‘(B) as part of— owner of a commercial building or a multi- ‘certified retrofit plan’ means a plan that— ‘‘(i) the lighting systems, family building shall be allowed to claim or ‘‘(A) is designed to reduce the annual ‘‘(ii) the heating, cooling, ventilation, reallocate a deduction allowed under this sec- source energy costs of a commercial build- frigeration, or hot water systems, tion. ing, or a multifamily building, through the ‘‘(iii) building transportation systems, ‘‘(g) NOTICE TO OWNER.—Each certification installation of energy-efficient measures, such as elevators and escalators, of a retrofit plan and calculation of energy ‘‘(B) is certified under penalty of perjury ‘‘(iv) the building envelope, which may in- savings required under this section shall in- by a licensed engineer or architect, who is clude an energy-efficient cool roof, clude an explanation to the owner of a com- not a direct employee of the owner of the ‘‘(v) a continuous commissioning contract mercial building or a multifamily building commercial building or multifamily building under the supervision of a licensed engineer regarding the energy-efficient measures that is the subject of the plan, and is li- or architect, or placed in service and their projected and re- censed in the State in which such building is ‘‘(vi) building operations or monitoring alized annual energy costs. located, systems, including utility-grade meters and ‘‘(h) ALLOCATION OF DEDUCTION.— ‘‘(C) describes the square footage of ret- submeters, and ‘‘(1) IN GENERAL.—Not later than 180 days rofit floor area covered by such a plan, ‘‘(C) including equipment, materials, and after the date of the enactment of this sec- ‘‘(D) specifies that it is designed to achieve systems within subparagraph (B) with re- tion, the Secretary, in consultation with the a final source energy usage intensity after spect to which depreciation (or amortization Secretary of Energy, shall promulgate a reg- energy-efficient measures are placed in serv- in lieu of depreciation) is allowed. ulation to allow the owner of a commercial ice in a commercial building or a multi- ‘‘(5) ENERGY SAVINGS.—The term ‘energy building or a multifamily building, including family building that does not exceed on a savings’ means source energy usage inten- a government, tribal, or non-profit owner, to square foot basis the average level of energy sity reduced on a per square foot basis allocate any deduction allowed under this usage intensity of other similar buildings, as through design and implementation of a cer- section, or a portion thereof, to the person described in paragraph (2), tified retrofit plan. primarily responsible for funding, financing, ‘‘(E) requires that after the energy-effi- ‘‘(6) MULTIFAMILY BUILDING.—The term designing, leasing, operating, or placing in cient measures are placed in service, the ‘multifamily building’— service energy-efficient measures. Such per- commercial building or multifamily building ‘‘(A) means— son shall be treated as the taxpayer for pur- meets the applicable State and local building ‘‘(i) a structure of 5 or more dwelling units poses of this section and shall include a code requirements for the area in which such located in the United States— building tenant, financier, architect, profes- building is located, ‘‘(I) that is in existence and occupied on sional engineer, licensed contractor, energy ‘‘(F) satisfies the regulations prescribed the date of the enactment of this section, services company, or other building profes- under subsection (f), and ‘‘(II) for which a certificate of occupancy sional. ‘‘(G) is submitted to the Secretary of En- has been issued at least 10 years before en- ‘‘(2) FORM OF ALLOCATION.—An allocation ergy after energy-efficient measures are ergy efficiency measures are placed in serv- made under this paragraph shall be in writ- placed in service, for the purpose of inform- ice, and ing and in a form that meets the form of al- ing the report to Congress required by sub- ‘‘(III) with a primary use as residential location requirements in Notice 2008–40 of section (l). housing, and the Internal Revenue Service. ‘‘(2) AVERAGE LEVEL OF ENERGY USAGE IN- ‘‘(B) includes such buildings owned and op- ‘‘(3) PROVISION OF ALLOCATION.—Not later TENSITY.— erated as a condominium, cooperative, or than 30 days after receipt of a written re- ‘‘(A) IN GENERAL.—The maximum average other common interest community. quest from a person eligible to receive an al- level of energy usage intensity under para- ‘‘(7) SOURCE ENERGY.—The term ‘source en- location under this paragraph, the owner of graph (1)(D) shall not exceed 300,000 British ergy’ means the total amount of raw fuel a building that makes an allocation under thermal units per square foot. that is required to operate a commercial this paragraph shall provide the form of allo- ‘‘(B) REGULATIONS.— building or multifamily building, and ac- cation (as described in paragraph (2)) to such ‘‘(i) IN GENERAL.—The Secretary, in con- counts for losses that are incurred in the person. sultation with the Administrator of the En- generation, storage, transport, and delivery ‘‘(4) ALLOCATION FROM PUBLIC OWNER OF vironmental Protection Agency, shall de- of fuel to such a building. BUILDING.—In the case of a commercial build- velop distinct standards for categories and ‘‘(e) TIMING OF CLAIMING DEDUCTIONS.—De- ing or a multifamily building that is owned subcategories of buildings with respect to ductions allowed under this section may be by a Federal, State, or local government or maximum average level of energy usage in- claimed as follows: a subdivision thereof, Notice 2006–52 of the tensity based on the best available informa- ‘‘(1) DESIGN DEDUCTION.—In the case of a Internal Revenue Service, as amplified by tion used by the ENERGY STAR program. design deduction, in the taxable year that Notice 2008–40, shall apply to any allocation. ‘‘(ii) REVIEW.—The standards developed energy efficiency measures are placed in ‘‘(i) BASIS REDUCTION.—For purposes of this pursuant to clause (i) shall be reviewed and service. subtitle, if a deduction is allowed under this updated by the Secretary, in consultation ‘‘(2) REALIZED DEDUCTION.—In the case of a section with respect to any energy-efficient with the Administrator of the Environ- realized deduction, in the second taxable measures placed in service under a certified mental Protection Agency, not later than year following the taxable year described in retrofit plan other than in a qualified low-in- every 3 years. paragraph (1). come building (within the meaning of sec- ‘‘(3) COMMERCIAL BUILDING.— ‘‘(f) REGULATIONS.— tion 42), the basis of such measures shall be ‘‘(A) IN GENERAL.—The term ‘commercial ‘‘(1) IN GENERAL.—Not later than 180 days reduced by the amount of the deduction so building’ means a building located in the after the date of the enactment of this sec- allowed or so allocated. United States— tion, and after notice and opportunity for ‘‘(j) SPECIAL RULE FOR PARTNERSHIPS AND S ‘‘(i) that is in existence and occupied on public comment, the Secretary, in consulta- CORPORATIONS.—In the case of a partnership the date of the enactment of this section, tion with the Secretary of Energy and the or S corporation, this section shall be ap- ‘‘(ii) for which a certificate of occupancy Administrator of the Environmental Protec- plied at the partner or shareholder level, has been issued at least 10 years before en- tion Agency, shall prescribe regulations— subject to such reporting requirements as ergy efficiency measures are placed in serv- ‘‘(A) for the manner and method for a li- are determined appropriate by the Secretary. ice, and censed engineer or architect to certify ret- ‘‘(k) TAX INCENTIVES NOT AVAILABLE.— ‘‘(iii) with a primary use or purpose other rofit plans, model projected energy savings, ‘‘(1) ENERGY EFFICIENT COMMERCIAL BUILD- than as residential housing. and calculate realized energy savings, and INGS DEDUCTION.—Energy-efficient measures ‘‘(B) SHOPPING CENTERS.—In the case of a ‘‘(B) notwithstanding subsection (b)(2)(C), for which a deduction is allowed under this retail shopping center, the term ‘commercial to provide, as appropriate, for a recapture of section shall not be eligible for a deduction building’ shall include an area within such the deductions allowed under this section if under section 179D. building that is— a retrofit plan is not fully implemented, or a ‘‘(2) NEW ENERGY EFFICIENT HOME CREDIT.— ‘‘(i) 50,000 square feet or larger that is cov- retrofit plan and energy savings are not cer- No deduction shall be allowed under this sec- ered by a separate utility grade meter to tified or verified in accordance with regulation with respect to any building or dwelling record energy consumption in such area, and tions prescribed under this subsection. unit with respect to which a credit under ‘‘(ii) under the day-to-day management ‘‘(2) RELIANCE ON ESTABLISHED PROTOCOLS, section 45L was allowed. and operation of— ETC.—To the maximum extent practicable ‘‘(l) REPORT TO CONGRESS.— ‘‘(I) the owner of such building as common and available, such regulations shall rely ‘‘(1) IN GENERAL.—Biennially, beginning space areas, or upon established protocols and documents with the first year after the enactment of ‘‘(II) a retail tenant, lessee, or other occu- used in the ENERGY STAR program, and in- this section, the Secretary, in conjunction pant. dustry best practices and existing guidelines, with the Secretary of Energy, shall submit a ‘‘(4) ENERGY-EFFICIENT MEASURES.—The such as the Building Energy Modeling Guide- report to Congress that— term ‘energy-efficient measures’ means a lines of the Commercial Energy Services ‘‘(A) explains the energy saved, the energy- measure, or combination of measures, placed Network (COMNET). efficient measures implemented, the realiza- in service through a certified retrofit plan— ‘‘(3) ALLOWANCE OF DEDUCTIONS PENDING tion of energy savings projected, and records ‘‘(A) on or in a commercial building or ISSUANCE OF REGULATIONS.—Pending issuance the amounts and types of deductions allowed multifamily building, of the regulations under paragraph (1), the under this section,

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1930 CONGRESSIONAL RECORD — SENATE April 1, 2014 ‘‘(B) explains the energy saved, the energy ‘‘(B) the amount determined under para- 20 percent below the baseline energy use es- efficient measures implemented, and records graph (3). tablished in subparagraph (C), using com- the amount of deductions allowed under sec- ‘‘(2) BASE AMOUNT.—For purposes of para- puter modeling software approved under tion 179D, based on the data collected pursu- graph (1)(A), the base amount is $2,000, but paragraph (2), ant to subsection (i) of such section, only if the energy use for the residence is re- ‘‘(C) establish the baseline energy use by ‘‘(C) determines the number of jobs created duced by at least 20 percent below the base- calibrating the model using sections 3 and 4 as a result of the deduction allowed under line energy use for such residence as cal- and Annex D of BPI Standard BPI–2400–S– this section, culated according to paragraph (5). 2011: Standardized Qualification of Whole ‘‘(D) determines how the use of any deduc- ‘‘(3) INCREASE AMOUNT.—For purposes of House Energy Savings Estimates, or an tion allowed under this section may be im- paragraph (1)(B), the amount determined equivalent standard approved by the Sec- proved, based on the information provided to under this paragraph is $500 for each addi- retary, after consultation with Secretary of the Secretary of Energy, tional 5 percentage point reduction in energy Energy, for this purpose, ‘‘(E) provides aggregated data with respect use. ‘‘(D) document the measures implemented to the information described in subpara- ‘‘(4) LIMITATION.—In no event shall the in the residence through photographs taken graphs (A) through (D), and amount determined under this subsection ex- before and after the retrofit, including pho- ‘‘(F) provides statutory recommendations ceed the lesser of— tographs of its visible energy systems and to Congress that would reduce energy con- ‘‘(A) $5,000 with respect to any residence, envelope as relevant, and sumption in new and existing commercial or ‘‘(E) implement a test-out procedure, fol- buildings located in the United States, in- ‘‘(B) 30 percent of the qualified home en- lowing guidelines of the applicable certifi- cluding recommendations on providing energy efficiency expenditures paid or incurred cation program specified under clause (i) or ergy-efficient tax incentives for subsections by the taxpayer under subsection (c) with re- (ii) of subparagraph (A), or equivalent guide- of buildings that operate with specific util- spect to such residence. lines approved by the Secretary, after con- ity-grade metering. ‘‘(5) DETERMINATION OF ENERGY USE REDUC- sultation with the Secretary of Energy, for ‘‘(2) PROTECTION OF TAXPAYER INFORMA- TION.—For purposes of this subsection— this purpose, to ensure— TION.—The Secretary and the Secretary of ‘‘(A) IN GENERAL.—The reduction in energy ‘‘(i) the safe operation of all systems post Energy shall share information on deduc- use for any residence shall be determined by retrofit, and tions allowed under this section and related modeling the annual predicted percentage ‘‘(ii) that all improvements are included reports submitted, as requested by each reduction in total energy costs for heating, in, and have been installed according to, agency to fulfill its obligations under this cooling, hot water, and permanent lighting. standards of the applicable certification pro- section, with such redactions as deemed nec- It shall be modeled using computer modeling gram specified under clause (i) or (ii) of sub- essary to protect the personally identifiable software approved under subsection (d)(2) paragraph (A), or equivalent standards ap- financial information of a taxpayer. and a baseline energy use calculated accord- proved by the Secretary, after consultation ing to subsection (d)(1)(C). with the Secretary of Energy, for this pur- ‘‘(3) INCORPORATION INTO DEPARTMENT OF ‘‘(B) ENERGY COSTS.—For purposes of sub- pose. ENERGY PROGRAMS.—The Secretary of Energy shall, to the maximum extent practicable, paragraph (A), the energy cost per unit of For purposes of subparagraph (A)(iii), an or- incorporate conclusions of the report under fuel for each fuel type shall be determined by ganization or State may submit an equiva- this subsection into current Department of dividing the total actual energy bill for the lent certification program for approval by Energy building performance and energy ef- residence for that fuel type for the most re- the Secretary, in consultation with the Sec- ficiency data collection and other reporting cent available 12-month period by the total retary of Energy. The Secretary shall ap- programs. energy units of that fuel type used over the prove or deny such submission not later than ‘‘(m) TERMINATION.—This section shall not same period. 180 days after receipt, and, if the Secretary UALIFIED HOME ENERGY EFFICIENCY apply to any property placed in service after ‘‘(c) Q fails to respond in that time period, the sub- EXPENDITURES.—For purposes of this section, December 31, 2016.’’. mitted equivalent certification program the term ‘qualified home energy efficiency (b) EFFECT ON DEPRECIATION ON EARNINGS shall be considered approved. expenditures’— AND PROFITS.—Subparagraph (B) of section ‘‘(2) APPROVED MODELING SOFTWARE.—For 312(k)(3), as amended by this title, is amend- ‘‘(1) means any amount paid or incurred by purposes of paragraph (1)(B), the contractor ed— the taxpayer during the taxable year for a (or, if applicable, the person described in (1) by striking ‘‘or 179E’’ both places it ap- qualified whole home energy efficiency ret- paragraph (4)) shall use modeling software pears in clause (i) and inserting ‘‘179E, or rofit, including the cost of diagnostic proce- certified by RESNET as following the soft- 179F’’, dures, labor, and modeling, ware verification test suites in section 4.2.1 ‘‘(2) includes only measures that have an (2) by striking ‘‘OR 179E’’ in the heading and of RESNET Publication No. 06–001 or cer- average estimated life of 5 years or more as inserting ‘‘179E, OR 179F’’, and tified by an alternative organization as fol- (3) by inserting ‘‘or 179F’’ after ‘‘section determined by the Secretary, after consulta- lowing an equivalent standard, as approved 179D’’ in clause (ii)(I). tion with the Secretary of Energy, and by the Secretary, after consultation with the (c) CONFORMING AMENDMENT.—The table of ‘‘(3) does not include any amount which is Secretary of Energy, for this purpose. sections for part VI of subchapter B of chap- paid or incurred in connection with any ex- ‘‘(3) DOCUMENTATION.—The Secretary, after ter 1 is amended by inserting after the item pansion of the building envelope of the resi- consultation with the Secretary of Energy, relating to section 179E the following new dence. shall prescribe regulations directing what UALIFIED WHOLE HOME ENERGY EFFI- item: ‘‘(d) Q specific documentation is required to be re- CIENCY RETROFIT.—For purposes of this sec- ‘‘Sec. 179F. Deduction for retrofits of exist- tained or submitted by the taxpayer in order tion— to claim the credit under this section, which ing commercial and multi- ‘‘(1) IN GENERAL.—The term ‘qualified family buildings.’’. shall include, in addition to the photographs whole home energy efficiency retrofit’ means under paragraph (1)(D), a form approved by (d) EFFECTIVE DATE.—Except as otherwise the implementation of measures placed in the Secretary that is completed and signed provided, the amendments made by this sec- service during the taxable year intended to by the qualified whole home energy effi- tion shall apply to property placed in service reduce the energy use of the principal resi- ciency retrofit contractor under penalties of in taxable years beginning after the date of dence of the taxpayer which is located in the perjury. Such form shall include— the enactment of this Act. United States. A qualified whole home en- ‘‘(A) a statement that the contractor (or, if TITLE II—HOME ENERGY IMPROVEMENTS ergy efficiency retrofit shall— applicable, the person described in paragraph SEC. 201. PERFORMANCE BASED HOME ENERGY ‘‘(A) subject to paragraph (4), be designed, (4)) followed the specified procedures for es- IMPROVEMENTS. implemented, and installed by a contractor tablishing baseline energy use and esti- (a) IN GENERAL.—Subpart A of part IV of which is— mating reduction in energy use, subchapter A of chapter 1 is amended by add- ‘‘(i) accredited by the Building Perform- ‘‘(B) the name of the software used for cal- ing at the end the following new section: ance Institute (hereafter in this section re- culating the baseline energy use and reduc- ‘‘SEC. 25E. PERFORMANCE BASED ENERGY IM- ferred to as ‘BPI’) or a preexisting BPI action in energy use, the percentage reduction PROVEMENTS. creditation-based State certification pro- in projected energy savings achieved, and a ‘‘(a) IN GENERAL.—In the case of an indi- gram with enhancements to achieve State statement that such software was certified vidual, there shall be allowed as a credit energy policy, for this program by the Secretary, after con- against the tax imposed by this chapter for ‘‘(ii) a Residential Energy Services Net- sultation with the Secretary of Energy, the taxable year for a qualified whole home work (hereafter in this section referred to as ‘‘(C) a statement that the contractor (or, if energy efficiency retrofit an amount deter- ‘RESNET’) accredited Energy Smart Home applicable, the person described in paragraph mined under subsection (b). Performance Team, or (4)) will retain the details of the calculations ‘‘(b) AMOUNT DETERMINED.— ‘‘(iii) accredited by an equivalent certifi- and underlying energy bills for 5 years and ‘‘(1) IN GENERAL.—Subject to paragraph (4), cation program approved by the Secretary, will make such details available for inspec- the amount determined under this sub- after consultation with the Secretary of En- tion by the Secretary or the Secretary of En- section is equal to— ergy, for this purpose, ergy, if so requested, ‘‘(A) the base amount under paragraph (2), ‘‘(B) install a set of measures modeled to ‘‘(D) a list of measures installed and a increased by achieve a reduction in energy use of at least statement that all measures included in the

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1931 reduction in energy use estimate are in- ‘‘(2) expansion of the credit under this sec- of the fuel) and which provide thermal en- cluded in, and installed according to, stand- tion to rental units.’’. ergy in the form of heat, hot water, or steam ards of the applicable certification program (b) CONFORMING AMENDMENTS.— for space heating, air conditioning, domestic specified under clause (i) or (ii) of subpara- (1) Section 1016(a) is amended— hot water, or industrial process heat, but graph (A), or equivalent standards approved (A) by striking ‘‘and’’ at the end of para- only with respect to periods ending before by the Secretary, after consultation with the graph (36), January 1, 2016,’’. Secretary of Energy, (B) by striking the period at the end of (b) 30 PERCENT AND 15 PERCENT CREDITS.— ‘‘(E) a statement that the contractor (or, if paragraph (37) and inserting ‘‘, and’’, and (1) IN GENERAL.—Subparagraph (A) of sec- applicable, the person described in paragraph (C) by adding at the end the following new tion 48(a)(2), as amended by this title, is (4)) meets the requirements of paragraph paragraph: amended— (1)(A), and ‘‘(38) to the extent provided in section (A) by redesignating clause (iii) as clause ‘‘(F) documentation of the total cost of the 25E(e)(4), in the case of amounts with respect (iv), project in order to comply with the limita- to which a credit has been allowed under sec- (B) by striking ‘‘and’’ at the end of clause tion under subsection (b)(4)(B). tion 25E.’’. (ii), ‘‘(4) CERTIFIED HOME ENERGY RATER.—For (2) Section 6501(m) is amended by inserting (C) by striking ‘‘clause (i) or (ii)’’ in clause purposes of paragraph (1)(A), a contractor ‘‘25E(e)(5),’’ after ‘‘section’’. (iv), as so redesignated, and inserting shall be deemed to have satisfied the accredi- (3) The table of sections for subpart A of ‘‘clause (i), (ii), or (iii)’’, and tation requirement under such paragraph if part IV of subchapter A chapter 1 is amended (D) by inserting after clause (ii) the fol- the contractor enters into a contract with a by inserting after the item relating to sec- lowing new clause: person that satisfies such accreditation re- tion 25D the following new item: ‘‘(iii) 15 percent in the case of energy property described in paragraph (3)(A)(viii) to quirement for purposes of modeling the en- ‘‘Sec. 25E. Performance based energy im- which clause (i)(VI) does not apply, and’’. ergy use reduction described in paragraph provements.’’. (1)(B). (2) INCREASED CREDIT FOR GREATER EFFI- (c) EFFECTIVE DATE.—The amendments CIENCY.—Clause (i) of section 48(a)(2)(A), as ‘‘(e) ADDITIONAL RULES.—For purposes of made by this section shall apply to amounts amended by this title, is amended by strik- this section— paid or incurred for a qualified whole home ing ‘‘and’’ at the end of subclause (IV), by ‘‘(1) NO DOUBLE BENEFIT.— energy efficiency retrofit placed in service striking the comma at the end of subclause ‘‘(A) IN GENERAL.—With respect to any res- after December 31, 2013. (V) and inserting ‘‘, and’’, and by inserting idence, no credit shall be allowed under this TITLE III—INDUSTRIAL ENERGY AND after subclause (V) the following new subsection for any taxable year in which the WATER EFFICIENCY clause: taxpayer claims a credit under section 25C. SEC. 301. MODIFICATIONS IN CREDIT FOR COM- ‘‘(VI) energy property described in para- ‘‘(B) RENEWABLE ENERGY SYSTEMS AND AP- BINED HEAT AND POWER SYSTEM graph (3)(A)(viii) which operates at an out- PLIANCES.—In the case of a renewable energy PROPERTY. put efficiency of not less than 80 percent system or appliance that qualifies for an- (a) MODIFICATION OF CERTAIN CAPACITY (measured by the higher heating value of the other credit under this chapter, the resulting LIMITATIONS.—Section 48(c)(3)(B) is amend- fuel),’’. reduction in energy use shall not be taken ed— (c) EFFECTIVE DATE.—The amendments into account in determining the percentage (1) by striking ‘‘15 megawatts’’ in clause made by this section shall apply to periods energy use reductions under subsection (b). (ii) and inserting ‘‘25 megawatts’’, after the date of the enactment of this Act, ‘‘(C) NO DOUBLE BENEFIT FOR CERTAIN EX- (2) by striking ‘‘20,000 horsepower’’ in in taxable years ending after such date, PENDITURES.—The term ‘qualified home en- clause (ii) and inserting ‘‘34,000 horsepower’’, under rules similar to the rules of section ergy efficiency expenditures’ shall not in- and 48(m) of the Internal Revenue Code of 1986 clude any expenditure for which a deduction (3) by striking clause (iii). (as in effect on the day before the date of the or credit is claimed by the taxpayer under (b) INCREASE IN CREDIT PERCENTAGE FOR enactment of the Revenue Reconciliation this chapter for the taxable year or with re- SYSTEMS WITH GREATER EFFICIENCY.—Sub- Act of 1990). spect to which the taxpayer receives any paragraph (A) of section 48(a)(2) is amended— SEC. 303. INVESTMENT TAX CREDIT FOR WASTE Federal energy efficiency rebate. (1) by striking ‘‘and’’ at the end of sub- HEAT TO POWER PROPERTY. ‘‘(2) PRINCIPAL RESIDENCE.—The term ‘prin- clause (III) of clause (i), (a) IN GENERAL.—Subparagraph (A) of sec- cipal residence’ has the same meaning as (2) by adding at the end of clause (i) the tion 48(a)(3), as amended by this title, is when used in section 121. following new subclause: amended by striking ‘‘or’’ at the end of ‘‘(3) SPECIAL RULES.—Rules similar to the ‘‘(V) combined heat and power system clause (vii), by striking the comma at the rules under paragraphs (4), (5), (6), (7), and (8) property the energy efficiency percentage of end of clause (viii) and inserting ‘‘, or’’, and of section 25D(e) and section 25C(e)(2) shall which (as defined in subsection (c)(3)(C)(i)) is by inserting after clause (viii) the following apply, as determined by the Secretary, after equal to or greater than 85 percent,’’, new clause: ‘‘(ix) waste heat to power property,’’. consultation with the Secretary of Energy. (3) by redesignating clause (ii) as clause (b) 30-PERCENT CREDIT.—Clause (i) of sec- ‘‘(4) BASIS ADJUSTMENTS.—For purposes of (iii), this subtitle, if a credit is allowed under this tion 48(a)(2)(A), as amended by this title, is (4) by striking ‘‘clause (i)’’ in clause (iii), amended by striking ‘‘and’’ at the end of subsection with respect to any expenditure with as so redesignated, and inserting ‘‘clause (i) respect to any property, the increase in the clause (V), by striking the comma at the end or (ii)’’, and of subclause (VI) and inserting ‘‘, and’’, and basis of such property which would (but for (5) by inserting after clause (i) the fol- this paragraph) result from such expenditure by inserting after subclause (VI) the following new clause: lowing new subclause: shall be reduced by the amount of the credit ‘‘(ii) 20 percent in the case of combined so allowed. ‘‘(VII) waste heat to power property,’’. heat and power system property the energy (c) WASTE HEAT TO POWER PROPERTY.— ‘‘(5) ELECTION NOT TO CLAIM CREDIT.—No percentage of which (as defined in subsection Subsection (c) of section 48 is amended by credit shall be determined under subsection (c)(3)(C)(i)) is equal to or greater than 75 per- adding at the end the following new para- (a) for the taxable year if the taxpayer elects cent and less than 85 percent, and’’. graph: not to have subsection (a) apply to such tax- (c) EXTENSION.—Clause (iv) of section ‘‘(5) WASTE HEAT TO POWER PROPERTY.— able year. 48(c)(3)(A) is amended by striking ‘‘January ‘‘(A) IN GENERAL.—The term ‘waste heat to ‘‘(6) MULTIPLE YEAR RETROFITS.—If the tax- 1, 2017’’ and inserting ‘‘January 1, 2019’’. power property’ means property— payer has claimed a credit under this section (d) EFFECTIVE DATE.—The amendments ‘‘(i) comprising a system which generates in a previous taxable year, the baseline en- made by this section shall apply to periods electricity through the recovery of a quali- ergy use for the calculation of reduced en- after the date of the enactment of this Act, fied waste heat resource, and ergy use must be established after the pre- under rules similar to the rules of section ‘‘(ii) which is placed in service before Janu- vious retrofit has been placed in service. 48(m) of the Internal Revenue Code of 1986 ary 1, 2019. ‘‘(f) TERMINATION.—This section shall not (as in effect on the day before the date of the ‘‘(B) QUALIFIED WASTE HEAT RESOURCE.— apply with respect to any costs paid or in- enactment of the Revenue Reconciliation The term ‘qualified waste heat resource’ curred after December 31, 2016. Act of 1990). means— ‘‘(g) SECRETARY REVIEW.—The Secretary, SEC. 302. INVESTMENT TAX CREDIT FOR BIOMASS ‘‘(i) exhaust heat or flared gas from an in- after consultation with the Secretary of En- HEATING PROPERTY. dustrial process, ergy, shall establish a review process for the (a) IN GENERAL.—Subparagraph (A) of sec- ‘‘(ii) waste gas or industrial tail gas that retrofits performed, including an estimate of tion 48(a)(3) is amended by striking ‘‘or’’ at would otherwise be flared, incinerated, or the usage of the credit and a statistically the end of clause (vi), by inserting ‘‘or’’ at vented, valid analysis of the average actual energy the end of clause (vii), and by inserting after ‘‘(iii) a pressure drop in any gas for an in- use reductions, utilizing utility bill data col- clause (vii) the following new clause: dustrial or commercial process, or lected on a voluntary basis, and report to ‘‘(viii) open-loop biomass (within the ‘‘(iv) such other forms of waste heat re- Congress not later than June 30, 2014, any meaning of section 45(c)(3)) heating property, sources as the Secretary may determine. findings and recommendations for— including boilers or furnaces which operate ‘‘(C) EXCEPTION.—The term ‘qualified waste ‘‘(1) improvements to the effectiveness of at output efficiencies of not less than 65 per- heat resource’ does not include any heat re- the credit under this section, and cent (measured by the higher heating value source from a process whose primary purpose

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is the generation of electricity utilizing a (b) CONFORMING AMENDMENTS.— credit allowable under subsection (a) and the fossil fuel or the production of oil, natural (1) Section 38(b) is amended by striking person certifies to the Secretary that the gas, or other fossil fuels.’’. ‘‘plus’’ at the end of paragraph (35), by strik- person reduced the price the entity paid for (d) EFFECTIVE DATE.—The amendments ing the period at the end of paragraph (36) such new efficient chiller by the entire made by this section shall apply to periods and inserting ‘‘, plus’’, and by adding at the amount of such credit. after the date of the enactment of this Act, end the following new paragraph: ‘‘(g) TERMINATION.—This section shall not in taxable years ending after such date, ‘‘(37) the motor energy efficiency improve- apply to replacements made after December under rules similar to the rules of section ment tax credit determined under section 31, 2017.’’. 48(m) of the Internal Revenue Code of 1986 45S.’’. (b) CONFORMING AMENDMENTS.— (as in effect on the day before the date of the (2) Section 1016(a) is amended by striking (1) Section 38(b), as amended by this title, enactment of the Revenue Reconciliation ‘‘and’’ at the end of paragraph (36), by strik- is amended by striking ‘‘plus’’ at the end of Act of 1990). ing the period at the end of paragraph (37) paragraph (36), by striking the period at the SEC. 304. MOTOR ENERGY EFFICIENCY IMPROVE- and inserting ‘‘, and’’, and by adding at the end of paragraph (37) and inserting ‘‘, plus’’, MENT TAX CREDIT. end the following new paragraph: and by adding at the end the following new (a) IN GENERAL.—Subpart D of part IV of ‘‘(38) to the extent provided in section paragraph: subchapter A of chapter 1 is amended by add- 45S(d)(1).’’. ‘‘(38) the CFC chiller replacement credit ing at the end the following new section: (3) The table of sections for subpart D of determined under section 45T.’’. ‘‘SEC. 45S. MOTOR ENERGY EFFICIENCY IM- part IV of subchapter A of chapter 1 is (2) The table of sections for subpart D of PROVEMENT TAX CREDIT. amended by adding at the end the following part IV of subchapter A of chapter 1, as ‘‘(a) IN GENERAL.—For purposes of section new item: amended by this title, is amended by adding 38, the motor energy efficiency improvement at the end the following new item: tax credit determined under this section for ‘‘Sec. 45S. Motor energy efficiency improve- ‘‘Sec. 45T. CFC chiller replacement credit.’’. the taxable year is an amount equal to $120 ment tax credit.’’. multiplied by the motor horsepower of an ap- (c) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE.—The amendments pliance, machine, or equipment— made by this section shall apply to property made by this section shall apply to replace- ‘‘(1) manufactured in such taxable year by manufactured or placed back into service ments made after the date of the enactment a manufacturer which incorporates an ad- after the date which is 6 months after the of this Act. vanced motor and drive system into a newly date of the enactment of this Act. SEC. 306. QUALIFYING EFFICIENT INDUSTRIAL designed appliance, machine, or equipment SEC. 305. CREDIT FOR REPLACEMENT OF CFC RE- PROCESS WATER USE PROJECT or into a redesigned appliance, machine, or FRIGERANT CHILLER. CREDIT. equipment which did not previously make (a) IN GENERAL.—Subpart D of part IV of (a) IN GENERAL.—Section 46 is amended by use of the advanced motor and drive system, subchapter A of chapter 1, as amended by inserting a comma at the end of paragraph or this title, is amended by adding at the end (4), by striking ‘‘and’’ at the end of para- ‘‘(2) placed back into service in such tax- the following new section: graph (5), by striking the period at the end of able year by an end user which upgrades an ‘‘SEC. 45T. CFC CHILLER REPLACEMENT CREDIT. paragraph (6) and inserting ‘‘, and’’, and by existing appliance, machine, or equipment ‘‘(a) IN GENERAL.—For purposes of section adding at the end the following new para- with an advanced motor and drive system. 38, the CFC chiller replacement credit deter- graph: For any advanced motor and drive system mined under this section for the taxable year ‘‘(7) the qualifying efficient industrial with a total horsepower of less than 10, such is an amount equal to— process water use project credit.’’. motor energy efficiency improvement tax ‘‘(1) $150 multiplied by the tonnage rating (b) AMOUNT OF CREDIT.—Subpart E of part credit is an amount which bears the same of a CFC chiller replaced with a new efficient IV of subchapter A of chapter 1 is amended ratio to $120 as such total horsepower bears chiller that is placed in service by the tax- by inserting after section 48D the following to 1 horsepower. payer during the taxable year, plus new section: ‘‘(b) ADVANCED MOTOR AND DRIVE SYS- ‘‘(2) if all chilled water distribution pumps ‘‘SEC. 48E. QUALIFYING EFFICIENT INDUSTRIAL TEM.—For purposes of this section, the term connected to the new efficient chiller include PROCESS WATER USE PROJECT ‘advanced motor and drive system’ means a variable frequency drives, $100 multiplied by CREDIT. motor and any required associated electronic any tonnage downsizing. ‘‘(a) IN GENERAL.— control which— ‘‘(b) CFC CHILLER.—For purposes of this ‘‘(1) ALLOWANCE OF CREDIT.—For purposes ‘‘(1) offers variable or multiple speed oper- section, the term ‘CFC chiller’ includes prop- of section 46, the qualifying efficient indus- ation, and erty which— trial process water use project credit for any ‘‘(2) uses permanent magnet technology, ‘‘(1) was installed after 1980 and before 1993, taxable year is an amount equal to the appli- electronically commutated motor tech- ‘‘(2) utilizes chlorofluorocarbon refrig- cable percentage of the qualified investment nology, switched reluctance motor tech- erant, and for such taxable year with respect to any nology, synchronous reluctance, or such ‘‘(3) until replaced by a new efficient chill- qualifying efficient industrial process water other motor and drive systems technologies er, has remained in operation and utilized for use project of the taxpayer. as determined by the Secretary of Energy. cooling a commercial building. ‘‘(2) APPLICABLE PERCENTAGE.—For pur- ‘‘(c) AGGREGATE PER TAXPAYER LIMITA- ‘‘(c) NEW EFFICIENT CHILLER.—For purposes poses of subsection (a)— TION.— of this section, the term ‘new efficient chill- ‘‘(A) IN GENERAL.—The applicable percent- ‘‘(1) IN GENERAL.—The amount of the credit er’ includes a water-cooled chiller which is age is— determined under this section for any tax- certified to meet efficiency standards effec- ‘‘(i) 10 percent in the case of a qualifying payer for any taxable year shall not exceed tive on January 1, 2015, as defined in table 6.8 efficient industrial process water use project the excess (if any) of $2,000,000 over the ag- in Standard 90.1-2013 of the American Soci- which achieves a 25 percent or greater (but gregate credits allowed under this section ety of Heating, Refrigerating, and Air Condi- less than 50 percent) reduction in water use with respect to such taxpayer for all prior tioning Engineers. for industrial purposes, taxable years. ‘‘(d) TONNAGE DOWNSIZING.—For purposes ‘‘(ii) 20 percent in the case of a qualifying ‘‘(2) AGGREGATION RULES.—For purposes of of this section, the term ‘tonnage efficient industrial process water use project this section, all persons treated as a single downsizing’ means the amount by which the which achieves a 50 percent or greater (but employer under subsections (a) and (b) of tonnage rating of the CFC chiller exceeds the less than 75 percent) reduction in water use section 52 shall be treated as 1 taxpayer. tonnage rating of the new efficient chiller. for industrial purposes, and ‘‘(d) SPECIAL RULES.— ‘‘(e) ENERGY AUDIT.—As a condition of re- ‘‘(iii) 30 percent in the case of a qualifying ‘‘(1) BASIS REDUCTION.—For purposes of this ceiving a tax credit under this section, an efficient industrial process water use project subtitle, the basis of any property for which energy audit shall be performed on the build- which achieves a 75 percent or greater reduc- a credit is allowable under subsection (a) ing prior to installation of the new efficient tion in water use for industrial purposes. shall be reduced by the amount of such cred- chiller, identifying cost-effective energy-sav- ‘‘(B) WATER USE.—For purposes of subpara- it so allowed. ing measures, particularly measures that graph (A)— ‘‘(2) NO DOUBLE BENEFIT.—No other credit could contribute to chiller downsizing. The ‘‘(i) MEASUREMENT OF REDUCTION IN WATER shall be allowable under this chapter for audit shall satisfy criteria that shall be USE.— property with respect to which a credit is al- issued by the Secretary of Energy. ‘‘(I) IN GENERAL.—The taxpayer shall elect lowed under this section. ‘‘(f) PROPERTY USED BY TAX-EXEMPT ENTI- one of the methods specified in clause (ii) for ‘‘(3) PROPERTY USED OUTSIDE UNITED STATES TY.—In the case of a CFC chiller replaced by measuring the reduction in water use NOT QUALIFIED.—No credit shall be allowable a new efficient chiller the use of which is de- achieved by a qualifying efficient industrial under subsection (a) with respect to any scribed in paragraph (3) or (4) of section process water use project. property referred to in section 50(b)(1). 50(b), the person who sold such new efficient ‘‘(II) IRREVOCABLE ELECTION.—An election ‘‘(e) APPLICATION.—This section shall not chiller to the entity shall be treated as the under subclause (I), once made with respect apply to property manufactured or placed taxpayer that placed in service the new effi- to a qualifying efficient industrial process back into service before the date which is 6 cient chiller that replaced the CFC chiller, water use project, shall apply to the taxable months after the date of the enactment of but only if such person clearly discloses to year for which made and all subsequent tax- this section or after December 31, 2016.’’. such entity in a document the amount of any able years, and may not be revoked.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1933 ‘‘(III) PROJECTED SAVINGS.—The credit ‘‘(ii) which is acquired by the taxpayer if home renovations that will increase under subsection (a) may be claimed on the the original use of such property commences energy efficiency of homes by at least basis of a reduction in water use which is with the taxpayer, and 20 percent. projected, by a registered professional engi- ‘‘(C) with respect to which depreciation (or The tax credit would increase in size neer who is not a related person (within the amortization in lieu of depreciation) is al- with every 5 percent of additional en- meaning of section 144(a)(3)(A)) to the tax- lowable. payer or the installer of eligible property, to ‘‘(3) WATER USE.— ergy efficiency improvement achieved. be achieved by a qualifying efficient indus- ‘‘(A) IN GENERAL.—The term ‘water use’ Homeowners who improve the effi- trial process water use project. Such projec- means all water taken for use at the site di- ciency of their home by more than 50 tion, if used as a basis for determining the rectly from ground and surface water sources percent will qualify for a maximum credit under subsection (a), shall be included together with any water supplied to the site credit of $5,000. with the return of tax. by a regulated water system. In addition to increased energy effi- ‘‘(ii) METHODS SPECIFIED.—The methods ‘‘(B) REGULATED WATER SYSTEM.—The term ciency, this bill helps address the con- specified in this clause are— ‘regulated water system’ means a system tinued double digit unemployment in ‘‘(I) a measurement of the percentage re- that supplies water that has been treated to duction in water use per unit of product the construction sector. potable standards. It is clear that we need policies that manufactured by the taxpayer, and ‘‘(d) TERMINATION.—This section shall not ‘‘(II) a measurement of the percentage re- apply to periods after December 31, 2017, will help put the construction industry duction in water use per pound of product under rules similar to the rules of section back to work, but with 10 percent of manufactured by the taxpayer. 48(m) (as in effect on the day before the date homes still vacant, any stimulation of ‘‘(b) QUALIFIED INVESTMENT.— of the enactment of the Revenue Reconcili- new-home construction could make the ‘‘(1) IN GENERAL.—For purposes of sub- ation Act of 1990).’’. situation worse. section (a), the qualified investment for any (c) CONFORMING AMENDMENTS.— That is why this bill is so creative— taxable year is the basis of eligible property (1) Section 49(a)(1)(C) is amended by strik- placed in service by the taxpayer during such it stimulates the construction industry ing ‘‘and’’ at the end of clause (v), by strik- by incentivizing the renovation of ex- taxable year which is part of a qualifying ef- ing the period at the end of clause (vi) and ficient industrial process water use project. isting homes. inserting ‘‘, and’’, and by adding at the end This bill creates tax incentives for ‘‘(2) EXCEPTIONS.—Such term shall not in- the following new clause: clude any portion of the basis related to— ‘‘(vii) the basis of any property which is energy efficiency home renovation ‘‘(A) permitting, part of a qualifying efficient industrial use based on the energy performance of the ‘‘(B) land acquisition, or water project under section 48E.’’. home, rather than just the cost of the ‘‘(C) infrastructure not directly associated (2) The table of sections for subpart E of equipment. with the implementation of the technology part IV of subchapter A of chapter 1 is Current policy allows homeowners to or process improvements of the qualifying amended by inserting after the item relating efficient industrial process water use claim credits for the purchase of en- to section 48D the following new item: project. ergy efficient insulation, windows, ‘‘(3) CERTAIN QUALIFIED PROGRESS EXPENDI- ‘‘Sec. 48E. Qualifying efficient industrial doors, heaters, air conditioners and TURES RULES MADE APPLICABLE.—Rules simi- process water use project cred- water heaters. That approach is expen- lar to the rules of subsections (c)(4) and (d) of it.’’. sive, costing about $2 billion per year. section 46 (as in effect on the day before the (d) EFFECTIVE DATE.—The amendments By restructuring the credit to apply enactment of the Revenue Reconciliation made by this section shall apply to periods to whole-home energy renovations that Act of 1990) shall apply for purposes of this after the date of the enactment of this Act, reward energy efficiency performance, section. under rules similar to the rules of section ‘‘(4) SPECIAL RULE FOR SUBSIDIZED ENERGY 48(m) of the Internal Revenue Code of 1986 this proposal has the potential to in- FINANCING.—Rules similar to the rules of sec- (as in effect on the day before the date of the crease effectiveness while substantially tion 48(a)(4) (without regard to subparagraph enactment of the Revenue Reconciliation lowering the cost to the U.S. Treasury. (D) thereof) shall apply for purposes of this Act of 1990). This legislation also includes provi- section. Mrs. FEINSTEIN. Mr. President, I sions to promote effectiveness and pre- ‘‘(5) LIMITATION.—The amount which is vent abuse. The contractor carrying rise to join Senators CARDIN and treated for all taxable years with respect to out the work must sign an affidavit SCHATZ in introducing the Energy Effi- any qualifying efficient industrial process certifying the work was done, as well water use project with respect to any site ciency Tax Incentives Act. shall not exceed $10,000,000. This bill has been drafted coopera- as submit photographs of the work. Ad- ‘‘(c) DEFINITIONS.—For purposes of this sec- tively, and my colleagues have been es- ditionally, the contractor must use tion— pecially accommodating of changes re- certified, computer-based energy effi- ‘‘(1) QUALIFYING EFFICIENT INDUSTRIAL quested by California’s experts. I thank ciency measurement tools. PROCESS WATER USE PROJECT.— The credit would be limited to ren- them for their hard work on this bill. ‘‘(A) IN GENERAL.—The term ‘qualifying ef- ovations of primary residences that do This legislation revises and extends ficient industrial process water use project’ not increase the size of the home. The energy efficiency tax incentives for means, with respect to any site, a project credit would be capped at 30 percent of which retrofits or expands an existing facil- homes, commercial buildings, and in- the cost of renovation in order to pre- ity to implement technology or process im- dustrial facilities. vent homeowners from making large provements which are designed to reduce The bill continues the effort for en- claims for relatively inexpensive ren- water use for systems that use any form of ergy efficiency improvements that I ovations. water in the production of goods in the man- began with Senator Bob Smith of New ufacturing sector (as defined in North Amer- Since it is a tax credit, all claims Hampshire in 2001. I was proud to pass ican Industrial Classification System codes would be subject to IRS audits. 31, 32, and 33), including any system that that legislation with Senator Snowe in In addition to incentivizing energy uses water for heating, cooling, or energy 2005. efficiency improvements, the bill also production for the production of goods in the The Energy Efficiency Tax Incentives creates an Industrial Process Water trade or business of manufacturing (other Act builds on that law by reforming Use Project Credit. than extraction of fossil fuels). Such term tax code incentives to implement a shall not include a project which alters an This is a technology-neutral, per- performance-based regime in which in- formance-based tax credit for imple- existing facility to change the type of goods centives grow larger as energy effi- produced by such facility. menting efficiency measures to reduce ‘‘(B) SYSTEMS.—For purposes of subpara- ciency increases. the use of water in the manufacturing graph (A), the term ‘system’ does not include The policy improvements in this bill sector. any system which does not encompass 1 or were recommended by energy effi- In a state like California, which fre- more complete processes. ciency experts. quently faces very dry conditions, re- ‘‘(2) ELIGIBLE PROPERTY.—The term ‘eligi- This bill establishes energy and warding water conservation and effi- ble property’ means any property— water efficiency incentives for com- ciency measures is beneficial. ‘‘(A) which is part of a qualifying efficient mercial buildings and industrial facili- Much like the energy provisions, the industrial process water use project and ties, about which Senator CARDIN and which is necessary for the reduction in water bill increases the tax incentives as use described in paragraph (1), Senator SCHATZ have focused their re- water savings grow. ‘‘(B)(i) the construction, reconstruction, or marks. The incentive begins with a 10 per- erection of which is completed by the tax- I would like to focus on a different cent tax credit for implementing effi- payer, or provision in the bill: tax credits for ciency measures that achieve at least

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1934 CONGRESSIONAL RECORD — SENATE April 1, 2014 25 percent reduction in water use. The Industrial and manufacturing facili- even greater levels of efficiency from tax credit then increases by 10 percent ties have processes specific to each in- industrial and manufacturing applica- for each 25 percent additional water dustry and even to each facility. There- tions. savings, with a 30 percent maximum. fore, industrial efficiency improve- Currently no incentives exist to pro- This bill is important because it will ments must be focused on these proc- mote thermal-only biomass use for help incentivize the construction in- esses, not building retrofits like we see commercial and industrial applica- dustry to upgrade buildings across the in commercial and residential effi- tions. Using biomass for thermal appli- country. ciency measures. My colleagues and I cations has numerous advantages over The 113 million homes in America ac- have worked to develop incentives that using biomass to produce electricity. count for 22 percent of the U.S. energy target energy-intensive processes com- Thermal use is significantly more effi- use, according to the Department of mon to the industrial sector. They in- cient, less polluting, and more appro- Energy. And 4.8 million commercial clude advanced motors, water reuse, priately-scaled to biomass resources. and 350,000 industrial facilities account combined heat and power and waste Finally, large water-cooled chillers for an additional 18 percent. heat recovery, thermal biomass, and ef- are the engines of air-conditioning sys- These buildings also account for 27 ficient chillers. I would like to take a tems for almost all large buildings. percent of carbon dioxide emissions in few moments to describe the various This bill would establish a tax credit the United States, according to the En- sections of the industrial efficiency that incentivizes the replacement of ergy Information Administration. title of the bill. older chillers that still use environ- Experts and scientists believe im- On average, motors account for over mentally harmful CFC refrigerants proving energy efficiency is one of the 65 percent of an industrial energy with chillers that are both more effi- most cost-effective ways to combat cli- user’s electricity use, according to cient and use fewer harmful chemicals. mate change and reduce greenhouse analysis by the International Energy Recent years have seen a resurgence gas emissions. Agency. This bill creates a credit for in American industry and manufac- A recent McKinsey & Co. study con- advanced industrial use motors, includ- turing. As we work to get our economy cluded that maximizing energy effi- ing variable speed motors. New ad- back on track, become more competi- ciency for homes and commercial vances in power electronics and con- tive globally, and fight climate change, buildings could help reduce U.S. energy trols over the past 5 years have ad- we should consider robust efficiency in- consumption by 23 percent by 2020. vanced the potential for new smart centives for our industrial sector as a This is a jobs bill that also rewards motor technologies to provide a signifi- crucial tool in achieving those goals. energy and water efficiency renova- cant energy savings potential if these I would like to commend my col- tions. It will lead to more jobs in the new motors are placed widely into leagues Senator CARDIN and Senator construction sector, an increase in en- service. FEINSTEIN for their hard work on this ergy efficiency, a reduction in pollu- According to the National Water bill. It represents the latest thinking tion, and an expansion of the market Reuse Association, the U.S. currently in terms of straightforward, perform- for efficient technology and products. reuses only 7.3 percent of its water, and ance-based technology-neutral, non- This bill is supported by the Alliance there is significant potential for gains permanent efficiency incentives. As we to Save Energy, Efficiency First, the in this area. The industrial sector, aim to improve efficiency in the indus- American Council for an Energy Effi- which is responsible for 62.5 percent of trial, commercial building, and resi- cient Economy, and the Natural Re- domestic freshwater withdrawals, is an dential sectors, I urge my colleagues in source Defense Council. ideal place to introduce transformative the Senate to support this critical bill. This sort of investment—putting water reuse and water saving tech- Americans back to work to upgrade the nologies. The bill would create a tech- By Mr. ROBERTS (for himself, country’s infrastructure—is the type of nology-neutral, performance-based in- Mr. INHOFE, Mr. COCHRAN, Mr. legislation on which Congress should vestment tax credit for reuse, recy- MORAN, Mr. WICKER, Mr. ENZI, be spending more time. cling, and/or efficiency measures re- and Mr. CHAMBLISS): Mr. SCHATZ. Mr. President, I rise lated to industrial water reuse in the S. 2191. A bill to amend the Internal today to discuss the important role manufacturing sector. Revenue Code of 1986 to repeal the ex- that energy efficiency plays in our A recent Department of Energy study cise tax on high cost employer-spon- transition to a clean energy economy, estimates that achieving the Presi- sored health coverage, and for other and the importance of supporting en- dent’s goal of 40 gigawatts of Combined purposes; to the Committee on Fi- ergy efficiency efforts with strong Fed- Heat and Power, also known as CHP, nance. eral policy. Today, Senators CARDIN, would save energy users $10 billion a Mr. ROBERTS. Mr. President, I come FEINSTEIN, and I introduced com- year compared to current energy use. to the floor today to speak about prehensive legislation, called the En- In 2008, Congress enacted a 10 percent ObamaCare and what I have long be- ergy Efficiency Tax Incentives Act of investment tax credit for combined lieved is a march to rationing of health 2014, to reform, improve, and extend heat and power systems. The bill would care. crucial tax incentives for energy effi- expand that credit’s applicability, from The ObamaCare bill and the accom- ciency. Our legislation focuses on three the first 15 megawatts to the first 25 panying regulations now tower over 7 key sectors: commercial buildings, megawatts of system capacity. The bill feet—1 foot above where I stand—when homes, and industry and manufac- would also remove the existing overall stacked together, and they have provi- turing. My colleagues have spoken ably system size cap of 50 megawatts, allow- sion after provision that will deny pa- about the first two already today, and ing a greater number of combined heat tients the care they want, the care I would like to spend a few moments and power projects to be financially they need to ensure they get the life- discussing the third title of this bill. viable and move forward. Finally, the sustaining and lifesaving treatments This bill would create targeted, non- bill would create two new tiers of the that are best for them. permanent incentives to help the U.S. credit for CHP systems that achieve es- These rationing elements in industrial sector become more globally pecially high efficiency levels. By en- ObamaCare have been documented by a competitive by employing smart tech- couraging adoption of CHP and waste recent report of the National Right to nological improvements to reduce en- heat recovery technologies, this bill is Life Committee’s Powell Center for ergy use and encourage water reuse. a common-sense set of incentives that Medical Ethics. This study is entitled We have continually seen the eager- will help manufacturers to become ‘‘The Affordable Health Care Act and ness of U.S. industries to innovate and more efficient, reduce energy costs, Health Care Access in the United improve the processes by which they create highly skilled jobs, and ensure States.’’ produce countless high-quality goods. the delivery of reliable power. Perhaps most egregious about This set of incentives will help U.S. New technologies have developed re- ObamaCare is that it directly inserts manufacturers accelerate and expand cently that can take advantage of low- the Federal Government into the per- cutting-edge ideas while also reducing grade heat sources. Called Waste Heat sonal lives of Americans, their fami- costs. to Power, these systems can achieve lies, and their doctors.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1935 We all know about the individual means insurance companies will have own money. It is also a continuation of mandate that coerces people into pur- to cut back even more on patient treat- my efforts that I discussed when intro- chasing a product they may not want ments and services or people will be ducing the Four Rationers Repeal Act by threatening to tax them. And I have forced to pay an incredibly higher tax. many times on this floor. It repeals the often spoken about my personal nem- What about those individuals who are Independent Payment Advisory Board. esis in the rationing board that I am already suffering from life-threatening It repeals the euphemistically but going to bring up—the Independent illnesses who really need the care? This misleadingly named Innovation Center. Payment Advisory Board, IPAB. This is why we should pass the legislation I It repeals the changes made to the Pre- is a board made up of 18—15 voting and am offering. ventive Services Task Force and makes 3 nonvoting—all unelected bureaucrats Do Americans know that there is a sure any comparative effectiveness re- who will decide what gets to stay and provision in ObamaCare that lets the search is used by the doctor and the pa- what must go in Medicare coverage. Federal Government—not them and tient, not coverage providers or CMS, They will decide which treatments and not their employer—decide if coverage to determine the best care for patients, services will be covered and which will is ‘‘excessive or unjustified’’? This isn’t not simply try to lower costs. not. And there is no accountability government-subsidized coverage in the I really believe that in order to pro- whatsoever. It would, in fact, take a exchanges, nor is it the federally fund- tect this all-important doctor-patient two-thirds majority of the U.S. Senate ed Medicare and Medicaid coverage. relationship we need to repeal and to undo any of their actions. As a re- This is their own and their employees’ most importantly to replace sult, this board diminishes our con- private money—their money. The Fed- ObamaCare with the real reforms that stitutional responsibility. eral Government is given the authority work for Kansans and all Americans. This President has already raided to decide if the way it is being spent is However, until we can accomplish full half a trillion dollars from Medicare to excessive or unjustified, and they are repeal we at least need to ensure we pay for ObamaCare, and then he gave going to do it through the provision of are protecting the life-saving care and himself the ability to go after even ObamaCare that allows the Obama ad- treatment that Americans need by at- more Medicare dollars without any ac- ministration to review premiums by tacking the elements of ObamaCare countability. This, my friends, is pressuring private insurance companies that ration care, and passing the Re- frightening. It is irresponsible. But to stop offering coverage or face ad- peal Rationing and Support of Life Act there is more. verse government consequences. of 2014. I urge my colleagues to support It is conceivable that the Inde- So far we have talked about the pri- this proposal and take the steps nec- pendent Payment Advisory Board vate coverage, but there are also simi- essary to protect the lives of their con- won’t just limit Medicare access; it lar provisions for seniors’ coverage. It stituents. will also propose ways for the Federal wasn’t bad enough that the President Government to limit what Americans diverted one-half trillion dollars from By Mr. ALEXANDER (for him- of all ages are allowed to spend out of Medicare to pay for ObamaCare to self, Mr. MCCONNELL, Mr. ISAK- their own private money—not taxpayer begin with, he also granted the Depart- SON, and Mr. PAUL): funds—to save the lives and health of ment of Health and Human Services S. 2193. A bill to amend the Horse their families. the authority to deny private market- Protection Act to provide increased Shocking but true: ObamaCare tells offered coverage for services and treat- protection for horses participating in bureaucrats on the board to make sure ments that could save your life. Before shows, exhibitions, or sales, and for we are not even allowed to keep up ObamaCare these private market pro- other purposes; to the Committee on with medical inflation. Further, it is grams such as the prescription drug Commerce, Science, and Transpor- conceivable that the board will suggest program and Medicare Advantage tation. ways for the Federal Government to could allow seniors to add their own Mr. ALEXANDER. Mr. President, impose so-called quality and efficiency money to purchase coverage they want today I am introducing a bill with Sen- standards on doctors and hospitals and need beyond what the government ators McConnell, Isakson and Paul with the purpose of limiting the health will pay. ObamaCare allows Wash- that will preserve the Tennessee Walk- care we can get. ington bureaucrats to deny that ing Horse tradition while stopping the So here is the deal: If a doctor dares choice. contemptible practice of illegal soring. to give her patient treatment beyond Folks, this isn’t how we should be The Horse Protection Act Amend- what those standards allow, the doctor treating our seniors. It isn’t how we ments Act of 2014, will preserve the will be punished. That doctor will be should be treating people who need ac- century-old Tennessee Walking Horse excluded from all of the health insur- cess to life-saving treatment and serv- tradition and stop the contemptible ance plans qualified under ObamaCare. ices. This isn’t how we should be treat- practice of illegal soring. Unbelievably, under ObamaCare, Wash- ing anybody. This legislation builds upon a bill in- ington bureaucrats can dictate one uni- That is why today I come to the floor troduced in the House of Representa- form standard of health care that is de- to introduce the Repeal Rationing in tives by Congressman MARSHA BLACK- signed to limit what private citizens Support of Life Act of 2014. My legisla- BURN that has support of 11 other con- are allowed to spend out of their own tion repeals these provisions that allow gressmen and the American Farm Bu- money to save their own lives. the Federal Government to intercede reau. The Tennessee Farm Bureau com- But the Independent Payment Advi- on very personal decisions. It repeals mented about Congressman BLACK- sory Board isn’t the only rationing pro- the provisions that authorize rationing BURN’s bill in a letter to me that said vision in the ObamaCare or Affordable boards to deny patients the ability to her legislation would ‘‘allow the vast Healthcare Act. If only. ObamaCare access the care that may save their majority of horse owners, trainers and also has a Cadillac tax for having too lives. breeders and those who play by the much health care coverage. Patients This legislation is relatively simple rules to confidently participate in the all across America need to know there and should be supported by all of my horse shows.’’ is a provision of ObamaCare that pun- colleagues to address some of the egre- A competing bill, advocated by the ishes them and their employer if they gious changes from the Affordable Care Humane Society of the United States, provide coverage that is above the arbi- Act that patients should be aware of has also been introduced in the Senate trary limits imposed by the Federal but that many don’t even know exist. and would ban many industry-standard Government. This is an additional 40- This is down the road. We are trying to training and show devices. This legisla- percent tax on individuals who need stay ahead of the curve. That is why I tion has been described by the Per- more expensive treatments and cov- am introducing this legislation. formance Show Horse Association as erage oftentimes essential to battle This legislation builds upon my Re- legislation that would ‘‘do little more life-threatening illnesses. Even worse, storing Access to Medication Act. This than create another layer of bureauc- these ObamaCare limits were drafted bill repeals the provision of ObamaCare racy at the USDA while denying horse in a way they will never be able to limiting a patient’s right to purchase enthusiasts the opportunity’’ to par- keep up with medical inflation. This over-the-counter products with their ticipate in competitions that are the

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1936 CONGRESSIONAL RECORD — SENATE April 1, 2014 basis of the Tennessee Walking Horse required to identify and contract with It is unconscionable that in the name industry. equine veterinary experts to advise the of international diplomatic protocol, The Humane Society Bill goes too horse industry organization on testing the United States would be forced to far. In baseball, if a player illegally methods and procedures, as well as the host a foreign national who showed a uses steroids, you punish the player— certification of test results. brutal disregard of the status of dip- you don’t shut down America’s na- Next the legislation creates a suspen- lomats when they were stationed in his tional pastime. With Tennessee Walk- sion period for horses that are found to country. This person is an acknowl- ing Horse shows, when trainers, owners be sore. Owners whose horses are found edged terrorist. or riders illegally sore a horse, we to be sore will have their horses sus- In his January 23, 1980, State of the should find a more effective way to pended from showing for 30-days for the Union Address, then-President Jimmy punish and stop them—not shut down first offense, with additional offenses Carter called the hostages ‘‘innocent one of Tennessee’s most treasured tra- requiring 90-day suspensions. This is on victims of terrorism’’ and their cap- ditions. The problem with the Humane top of existing penalties already in the tivity an act of ‘‘international ter- Society bill is that it destroys a Ten- Horse Protection Act. For a first time rorism.’’ I do not believe that anyone— nessee tradition known around the offense a person could spend one-year beyond perhaps the Supreme Leader in world. in jail and also pay a $3000 fine. For a Tehran—has debated President Carter’s Julius Johnson, Commissioner of Ag- second or future offense a person could characterization since then, nor do I riculture for Tennessee, said that the spend two-years in jail and also pay a think I have ever agreed more em- Humane Society legislation will, fine of $5000. phatically with President Carter. ‘‘damage the industry significantly and Lastly, the legislation creates four- It is therefore necessary to amend potentially eliminate the performance year term limits for board members of the statute that currently gives the horse all together.’’ the horse industry organization that President the discretion to reject an When I first went to Japan in 1979 to would oversee inspections. applicant on the ground that he or she, recruit Nissan, the Tennessee Walking We can end the contemptible practice as it currently states, has engaged in Horse was one of the things the Japa- of illegal soring without shutting down espionage against the United States nese knew best about our state. In fact, the century-old tradition of the Ten- and poses a national security threat. The legislation I am introducing, S. the emperor had his own Walking nessee Walking Horse. I urge my col- 2195, will require the President to deny Horse because it has an enjoyable gait leagues to carefully consider this legis- a U.N.-related applicant a visa if the that makes riding a more pleasurable lation and the balanced approach it President determines the applicant has experience. When the first major sup- provides. engaged in terrorist activity against plier of Nissan, Calsonic, came to Shel- the United States, has engaged in espi- byville, the company’s gift to Ten- By Mr. CRUZ: onage against the United States, or nessee was Calsonic Arena, where the S. 2195. A bill to deny admission to the United States to any representa- poses a national security threat to the Tennessee Walking Horse National United States. Celebration is held. tive to the United Nations who has engaged in espionage activities against I will note that I very much appre- In 2013 the Tennessee Walking Horse ciated the kind comments and the im- the United States, poses a threat to tradition included more than 360 affili- passioned support for this legislation United States national security inter- ated shows, and it featured more than from the senior Senator from South ests, or has engaged in a terrorist ac- 220,000 registered horses nationwide, in- Carolina. cluding more than 55,000 in Tennessee, tivity against the United States; to the This legislation speaks to the larger according to the Tennessee Walking Committee on the Judiciary. issue of whom we have to let into this Horse Association. Mr. CRUZ. Mr. President, I rise today country. How would we feel, for exam- Our goal is to find a way to preserve to draw attention to an extraordinarily ple, if the Taliban had sent Osama bin the Tennessee Walking Horse tradition dangerous situation that our country Laden to be an ambassador to the and stop the cruelty to horses. We need faces under current law, which allows United Nations from Afghanistan or a balanced approach, and that is what no terrorists to be granted visas to the how would we feel if some other coun- this bill provides. United States under the cover of being try sent an ambassador who was This legislation takes four primary ambassadors to the United Nations. complicit in the terrorist attack that steps to preserve the Tennessee Walk- The President of the Islamic Repub- murdered 220 marines, 18 sailors, and 3 ing Horse tradition while ending the il- lic of Iran, Hasan Ruhani, has recently soldiers in Beirut in 1983 or how would legal practice of soring. The bill would announced that Hamid Aboutalebi is we feel if another country sent as an create consistent oversight by consoli- his new ambassador to the U.N., which ambassador someone who was dating the numerous ‘‘horse industry is, of course, headquartered in Manhat- complicit in the terrorist attack on organizations’’ that currently handle tan, NY, and a visa application has Khobar Towers that murdered 19 air- inspections into one organization over- been duly filed. In most cases—indeed, men in 1996, to name but a few poten- seeing inspections, governed by a until now, in all cases—such applica- tial examples? None of these examples board. The board would be composed of tions for ambassadors have been grant- would necessarily meet the current appointees by the States of Tennessee ed in accordance with article 13 of the statutory requirement of having en- and Kentucky, as well as experts in the United Nations charter, but Mr. gaged in espionage. They murdered or Tennessee Walking Horse industry. Aboutalebi’s is a special case, as he was kidnapped or tortured innocent Ameri- Next the bill requires the use of ob- a member of The Muslim Students fol- cans, but they didn’t necessarily en- jective, scientific testing to determine lowing the Imam’s Line, the group who gage in a specific act of espionage. But whether trainers, riders or owners are held 52 Americans hostage in Tehran all unequivocally should be excluded. using soring techniques. Examples of for 444 days from 1979 to 1981. He pro- This legislation would ensure that such this objective testing include blood tests that his involvement was limited people can never use the United Na- samples and swabbing the horse for to translation and negotiation, but he tions to gain entry into the United chemicals used to sore a horse. was sufficiently involved for the Mus- States. Lastly, the legislation would ensure lim Students organization, which is I had intended this afternoon to ask the integrity of horse inspectors by in- still active, to feature to this day his the Senate for unanimous consent to structing the horse industry organiza- photo on their official Web site cele- pass this legislation to change the tion to establish requirements to pre- brating that historic outrage against standard so that we could exclude a vent conflicts of interest with trainers, the United States of America. Now the known terrorist from entry into this breeders and owners involved in show- Obama administration is considering country. However, I am pleased to re- ing the Tennessee Walking Horse. granting this person a visa to come to port that I have been told there is a We have proposed three improve- the United States. I have to wonder—as real possibility of bipartisan coopera- ments to the legislation introduced in did CIA Director Stansfield Turner in tion on this—a real possibility that the House. First, the new consolidated the movie ‘‘Argo’’—you don’t have a both sides of the aisle will work to- horse industry organization would be better bad idea than this? gether to expeditiously change this law

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1937 so we can keep this known terrorist be welcomed into the United States. the United States and the age-adjusted death out of the United States. I am encour- This action should be followed by the rate for individuals with Parkinson’s disease aged by that possibility of cooperation. President suspending the Geneva nego- increased 2.9 percent from 2010 to 2011; I hope it comes to fruition. And I hope tiations unless and until Iran not only Whereas every day, Parkinson’s disease greatly impacts millions of individuals in this week we see the Senate act in a bi- ceases this behavior but also ceases all the United States who are caregivers, family partisan way and in a unanimous way enrichment activities and dismantles members, and friends of individuals with to change this law to exclude this their nuclear program in its entirety. Parkinson’s disease; known terrorist. Then and only then should there be Whereas the economic burden of Parkin- I wish to make a broader point. This meaningful dialogue between our two son’s disease is an estimated $14,400,000,000 nomination is willfully, deliberately countries. each year, including indirect costs to pa- insulting and contemptuous. It is not In 1979 our citizens had to wait more tients and family members of $6,300,000,000 an accident that Ruhani picked a than a year—during which they were each year; Whereas although research suggests that known terrorist who held Americans tortured by their captors—before they the cause of Parkinson’s disease is a com- hostage to send to our country. I would were finally released on January 20, bination of genetic and environmental fac- suggest that this action should serve as 1981—not coincidentally on the very tors, the exact cause and the exact progres- a wake-up call that the regime in day on which Ronald Reagan was inau- sion of the disease remain unknown; Tehran is directed by the same policies gurated as President. Whereas an objective test or biomarker for that resulted in the hostage crisis in I am encouraged at the prospect of diagnosing Parkinson’s disease does not the first place. bipartisan cooperation so that we can exist, and the rate of misdiagnosis for the There has been considerable opti- stand together as a unanimous Senate disease is high; mism expressed by the Obama adminis- Whereas the symptoms of Parkinson’s dis- against allowing a known terrorist into ease vary from person to person and include tration in the months following the the United States who has participated tremors, slowness of movement, rigidity, dif- election of President Ruhani that Iran in acts of war against our Nation. We ficulty with balance, swallowing, chewing, is somehow softening its position to- should not extend the ordeal of those and speaking, cognitive impairment, demen- ward the West, that Ruhani is somehow hostages even further by tolerating tia, mood disorders (such as depression and a moderate and is acting as a good- this most recent outrage on the part of anxiety), constipation, skin complications, faith partner in its negotiations over Iran. and sleep difficulties; its nuclear program. This nomination One of the former hostages, Barry Whereas a cure, therapy, or drug to slow or should dispel those illusions. And the halt the progression of Parkinson’s disease Rosen, called the possibility that the does not exist; professed optimism of this administra- United States might grant the visa ap- Whereas medications mask some symp- tion flies in the face of reason. plication a ‘‘disgrace,’’ and he said, ‘‘It toms of Parkinson’s disease for a limited On the eve of the first round of these may be [setting] a precedent but if the amount of time each day, often with dose- talks in November, the Revolutionary President and Congress don’t condemn limiting side effects, and such medications Guard transferred American pastor this act by the Islamic Republic, then ultimately lose effectiveness, leaving the pa- Saeed Abedini, unjustly incarcerated our captivity and suffering at the tient unable to move, speak, or swallow; and simply for professing his Christian hands of Iran was for nothing.’’ Whereas developing more effective treat- faith, from the Evan Prison to the even ments for Parkinson’s disease with fewer I believe it is well worth setting a side effects and ultimately finding a cure for more brutal Rajai Shahr Prison, care- precedent to show the world that what- the disease require increased education and fully selecting the date of that transfer ever smiling mask is on the other side research: Now, therefore, be it to be the anniversary of the hostage of the table in Geneva, the true face of Resolved, That the Senate— crisis—what they call ‘‘Death to Amer- Tehran remains the terrorist who took (1) supports the designation of April as ica’’ day in Iran. our people hostage 35 years ago, whom ‘‘Parkinson’s Awareness Month’’; After the joint plan of action was they are now attempting to send to (2) supports the goals and ideals of ‘‘Par- kinson’s Awareness Month’’; agreed to in late November, which one America under the auspices of being an of our closest allies has rightly as- (3) continues to support research to de- ambassador. Instead, I believe we velop more effective treatments for Parkin- sessed as a ‘‘very, very bad deal’’—a should stand together in saying that a son’s disease and to ultimately find a cure historic mistake—President Ruhani known terrorist who has carried out for the disease; and triumphantly tweeted—in English, no acts of war against America will, in (4) commends the dedication of State, less—that in the Geneva agreement, Mr. Rosen’s words, ‘‘never set foot on local, regional, and national organizations, ‘‘world powers had surrendered to American soil.’’ I hope we can stand to- volunteers, researchers, and millions of indi- Iran’s will.’’ These are hardly the gether behind this legislation. viduals in the United States working to im- words of a friend. prove the quality of life for individuals with f Last February the Iranian Govern- Parkinson’s disease and the families of such ment released a statement declaring SUBMITTED RESOLUTIONS individuals. that the Nation of Israel is ‘‘a can- f cerous tumor that must be removed.’’ AMENDMENTS SUBMITTED AND SENATE RESOLUTION 408—SUP- These are not the words of a rational PROPOSED PORTING THE DESIGNATION OF negotiating partner. SA 2885. Mr. BLUNT (for himself, Mr. The choice of Mr. Aboutalebi for am- APRIL AS ‘‘PARKINSON’S AWARENESS MONTH’’ MCCONNELL, Mr. INHOFE, Mr. THUNE, Mr. bassador to the United Nations once CORNYN, and Mr. CRUZ) submitted an amend- again demonstrates that the same mili- Ms. STABENOW (for herself, Mr. ment intended to be proposed by him to the tant hatred of America that has domi- UDALL of Colorado, Mr. JOHANNS, and bill H.R. 3979, to amend the Internal Revenue nated Iran’s foreign policy since the Ms. ISAKSON) submitted the following Code of 1986 to ensure that emergency serv- revolution continues to flourish resolution; which was considered and ices volunteers are not taken into account as unabated. Indeed, there is a reason Iran agreed to: employees under the shared responsibility refers to Israel as the ‘‘Little Satan’’ requirements contained in the Patient Pro- S. RES. 408 tection and Affordable Care Act; which was and America as the ‘‘Great Satan.’’ Whereas Parkinson’s disease is a chronic, ordered to lie on the table. It is astonishing, it is dismaying, it progressive, and neurological disease and is SA 2886. Mr. SCOTT submitted an amend- is dangerous that the administration the second most common neurodegenerative ment intended to be proposed by him to the continues to engage in these talks disease in the United States; bill H.R. 3979, supra; which was ordered to lie given the clear and consistent message Whereas there is inadequate data on the on the table. of hostility coming out of Tehran. incidence and prevalence of Parkinson’s dis- SA 2887. Mr. COBURN submitted an The legislation I am introducing will ease, but the disease affects an estimated amendment intended to be proposed to take the first step by establishing that 500,000 to 1,500,000 individuals in the United amendment SA 2874 proposed by Mr. REID States and the prevalence of such disease is (for Mr. REED (for himself, Mr. HELLER, Mr. there are no circumstances under estimated to more than double by 2040; MERKLEY, Ms. COLLINS, Mr. BOOKER, Mr. which the perpetrators of the hostage Whereas according to the Centers for Dis- PORTMAN, Mr. BROWN, Ms. MURKOWSKI, Mr. crisis—those who have committed ease Control and Prevention, Parkinson’s DURBIN, and Mr. KIRK)) to the bill H.R. 3979, overt acts of war against America—will disease is the 14th leading cause of death in supra; which was ordered to lie on the table.

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SA 2888. Mr. COBURN (for himself, Mr. COBURN, Mr. CRUZ, Mr. FLAKE, Mr. ISAKSON, amendment intended to be proposed to FLAKE, Mr. KING, and Mr. MANCHIN) sub- Mr. JOHNSON of Wisconsin, Mr. MORAN, Mr. amendment SA 2874 proposed by Mr. REID mitted an amendment intended to be pro- RISCH, Mr. SCOTT, Mr. SHELBY, Mr. ENZI, Mr. (for Mr. REED (for himself, Mr. HELLER, Mr. posed to amendment SA 2874 proposed by Mr. COCHRAN, Mr. LEE, Mr. JOHANNS, Mr. ROB- MERKLEY, Ms. COLLINS, Mr. BOOKER, Mr. REID (for Mr. REED (for himself, Mr. HELLER, ERTS, Mr. WICKER, Mr. BOOZMAN, Mr. BURR, PORTMAN, Mr. BROWN, Ms. MURKOWSKI, Mr. Mr. MERKLEY, Ms. COLLINS, Mr. BOOKER, Mr. Mr. GRAHAM, and Mr. HOEVEN) submitted an DURBIN, and Mr. KIRK)) to the bill H.R. 3979, PORTMAN, Mr. BROWN, Ms. MURKOWSKI, Mr. amendment intended to be proposed to supra; which was ordered to lie on the table. DURBIN, and Mr. KIRK)) to the bill H.R. 3979, amendment SA 2874 proposed by Mr. REID SA 2918. Mr. REID submitted an amend- supra; which was ordered to lie on the table. (for Mr. REED (for himself, Mr. HELLER, Mr. ment intended to be proposed to amendment SA 2889. Mr. SCOTT submitted an amend- MERKLEY, Ms. COLLINS, Mr. BOOKER, Mr. SA 2922 submitted by Mr. REED (for himself, ment intended to be proposed by him to the PORTMAN, Mr. BROWN, Ms. MURKOWSKI, Mr. Mr. HELLER, Mr. MERKLEY, Ms. COLLINS, Mr. bill H.R. 3979, supra; which was ordered to lie DURBIN, and Mr. KIRK)) to the bill H.R. 3979, BOOKER, Mr. PORTMAN, Mr. BROWN, Ms. MUR- on the table. supra; which was ordered to lie on the table. KOWSKI, Mr. DURBIN, and Mr. KIRK) and in- SA 2890. Mr. INHOFE (for himself, Mr. SA 2902. Mr. HATCH submitted an amend- tended to be proposed to the bill H.R. 3979, MCCONNELL, Mr. CORNYN, Mr. THUNE, Mr. ment intended to be proposed by him to the supra; which was ordered to lie on the table. BARRASSO, Mr. BLUNT, Mr. VITTER, Mr. bill H.R. 3979, supra; which was ordered to lie SA 2919. Mr. REID submitted an amend- HOEVEN, Mr. CRAPO, Mr. CHAMBLISS, Mr. on the table. ment intended to be proposed to amendment COATS, Mr. COBURN, Mr. CRUZ, Mr. FLAKE, SA 2903. Mr. HATCH submitted an amend- SA 2922 submitted by Mr. REED (for himself, Mr. ISAKSON, Mr. JOHNSON of Wisconsin, Mr. ment intended to be proposed by him to the Mr. HELLER, Mr. MERKLEY, Ms. COLLINS, Mr. MORAN, Mr. RISCH, Mr. SCOTT, Mr. SHELBY, bill H.R. 3979, supra; which was ordered to lie BOOKER, Mr. PORTMAN, Mr. BROWN, Ms. MUR- Mr. ENZI, Mr. COCHRAN, Mr. LEE, Mr. on the table. KOWSKI, Mr. DURBIN, and Mr. KIRK) and in- JOHANNS, Mr. ROBERTS, Mr. WICKER, Mr. SA 2904. Mr. HATCH submitted an amend- tended to be proposed to the bill H.R. 3979, BOOZMAN, Mr. BURR, and Mr. GRAHAM) sub- ment intended to be proposed to amendment supra; which was ordered to lie on the table. mitted an amendment intended to be pro- SA 2874 proposed by Mr. REID (for Mr. REED SA 2920. Mr. REID submitted an amend- posed by him to the bill S. 2149, to provide (for himself, Mr. HELLER, Mr. MERKLEY, Ms. ment intended to be proposed by him to the for the extension of certain unemployment COLLINS, Mr. BOOKER, Mr. PORTMAN, Mr. bill H.R. 3979, supra; which was ordered to lie benefits, and for other purposes; which was BROWN, Ms. MURKOWSKI, Mr. DURBIN, and Mr. on the table. SA 2921. Mr. REID submitted an amend- ordered to lie on the table. KIRK)) to the bill H.R. 3979, supra; which was SA 2891. Mr. HOEVEN (for himself, Mr. ordered to lie on the table. ment intended to be proposed by him to the BARRASSO, Ms. MURKOWSKI, Mr. INHOFE, Mr. SA 2905. Mr. HATCH submitted an amend- bill H.R. 3979, supra; which was ordered to lie VITTER, and Mr. CORNYN) submitted an ment intended to be proposed by him to the on the table. SA 2922. Mr. REED (for himself, Mr. HELL- amendment intended to be proposed by him bill H.R. 3979, supra; which was ordered to lie ER, Mr. MERKLEY, Ms. COLLINS, Mr. BOOKER, to the bill H.R. 3979, to amend the Internal on the table. Mr. PORTMAN, Mr. BROWN, Ms. MURKOWSKI, Revenue Code of 1986 to ensure that emer- SA 2906. Mr. HATCH submitted an amend- Mr. DURBIN, and Mr. KIRK) submitted an gency services volunteers are not taken into ment intended to be proposed by him to the amendment intended to be proposed by him account as employees under the shared re- bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- sponsibility requirements contained in the on the table. SA 2907. Mr. BLUNT (for himself, Mr. dered to lie on the table. Patient Protection and Affordable Care Act; SA 2923. Mr. LEE submitted an amendment MCCONNELL, and Mr. INHOFE) submitted an which was ordered to lie on the table. intended to be proposed by him to the bill SA 2892. Mr. HOEVEN submitted an amendment intended to be proposed by him H.R. 3979, supra; which was ordered to lie on amendment intended to be proposed by him to the bill H.R. 3979, supra; which was or- the table. dered to lie on the table. to the bill H.R. 3979, supra; which was or- SA 2924. Mr. LEE (for himself and Mr. dered to lie on the table. SA 2908. Mr. COBURN (for himself, Mr. RUBIO) submitted an amendment intended to SA 2893. Mr. CRAPO submitted an amend- FLAKE, Mr. KING, and Mr. MANCHIN) sub- be proposed by him to the bill H.R. 3979, ment intended to be proposed by him to the mitted an amendment intended to be pro- supra; which was ordered to lie on the table. bill H.R. 3979, supra; which was ordered to lie posed by him to the bill H.R. 3979, supra; SA 2925. Mr. LEE (for himself and Mr. which was ordered to lie on the table. on the table. RUBIO) submitted an amendment intended to SA 2909. Mr. COBURN submitted an SA 2894. Mr. HOEVEN submitted an be proposed by him to the bill H.R. 3979, amendment intended to be proposed by him amendment intended to be proposed by him supra; which was ordered to lie on the table. to the bill H.R. 3979, supra; which was or- to the bill H.R. 3979, supra; which was or- SA 2926. Mr. COATS submitted an amend- dered to lie on the table. dered to lie on the table. ment intended to be proposed to amendment SA 2895. Mr. THUNE submitted an amend- SA 2910. Mr. MCCONNELL (for himself and SA 2874 proposed by Mr. REID (for Mr. REED ment intended to be proposed by him to the Mr. PAUL) submitted an amendment in- (for himself, Mr. HELLER, Mr. MERKLEY, Ms. bill H.R. 3979, supra; which was ordered to lie tended to be proposed by him to the bill H.R. COLLINS, Mr. BOOKER, Mr. PORTMAN, Mr. on the table. 3979, supra; which was ordered to lie on the BROWN, Ms. MURKOWSKI, Mr. DURBIN, and Mr. SA 2896. Mr. THUNE submitted an amend- table. KIRK)) to the bill H.R. 3979, supra; which was ment intended to be proposed by him to the SA 2911. Mr. MORAN (for himself and Mr. ordered to lie on the table. bill H.R. 3979, supra; which was ordered to lie WARNER) submitted an amendment intended SA 2927. Mr. PAUL submitted an amend- on the table. to be proposed to amendment SA 2874 pro- ment intended to be proposed by him to the SA 2897. Mr. THUNE submitted an amend- posed by Mr. REID (for Mr. REED (for himself, bill H.R. 3979, supra; which was ordered to lie ment intended to be proposed to amendment Mr. HELLER, Mr. MERKLEY, Ms. COLLINS, Mr. on the table. SA 2874 proposed by Mr. REID (for Mr. REED BOOKER, Mr. PORTMAN, Mr. BROWN, Ms. MUR- SA 2928. Mr. BURR (for himself and Mr. (for himself, Mr. HELLER, Mr. MERKLEY, Ms. KOWSKI, Mr. DURBIN, and Mr. KIRK)) to the COBURN) submitted an amendment intended COLLINS, Mr. BOOKER, Mr. PORTMAN, Mr. bill H.R. 3979, supra; which was ordered to lie to be proposed by him to the bill H.R. 3979, BROWN, Ms. MURKOWSKI, Mr. DURBIN, and Mr. on the table. supra; which was ordered to lie on the table. KIRK)) to the bill H.R. 3979, supra; which was SA 2912. Mr. THUNE submitted an amend- SA 2929. Mr. INHOFE submitted an amend- ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 2898. Mr. THUNE submitted an amend- bill H.R. 3979, supra; which was ordered to lie bill H.R. 3979, supra; which was ordered to lie ment intended to be proposed by him to the on the table. on the table. bill H.R. 3979, supra; which was ordered to lie SA 2913. Mr. VITTER submitted an amend- SA 2930. Mr. HOEVEN submitted an on the table. ment intended to be proposed by him to the amendment intended to be proposed by him SA 2899. Mr. THUNE submitted an amend- bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- ment intended to be proposed by him to the on the table. dered to lie on the table. bill H.R. 3979, supra; which was ordered to lie SA 2914. Mr. RUBIO submitted an amend- SA 2931. Mr. VITTER submitted an amend- on the table. ment intended to be proposed by him to the ment intended to be proposed to amendment SA 2900. Mr. COATS (for himself, Ms. bill H.R. 3979, supra; which was ordered to lie SA 2874 proposed by Mr. REID (for Mr. REED AYOTTE, Mr. TOOMEY, and Mr. CORKER) sub- on the table. (for himself, Mr. HELLER, Mr. MERKLEY, Ms. mitted an amendment intended to be pro- SA 2915. Mr. RUBIO submitted an amend- COLLINS, Mr. BOOKER, Mr. PORTMAN, Mr. posed to amendment SA 2874 proposed by Mr. ment intended to be proposed by him to the BROWN, Ms. MURKOWSKI, Mr. DURBIN, and Mr. REID (for Mr. REED (for himself, Mr. HELLER, bill H.R. 3979, supra; which was ordered to lie KIRK)) to the bill H.R. 3979, supra; which was Mr. MERKLEY, Ms. COLLINS, Mr. BOOKER, Mr. on the table. ordered to lie on the table. PORTMAN, Mr. BROWN, Ms. MURKOWSKI, Mr. SA 2916. Mrs. FISCHER submitted an SA 2932. Mr. VITTER submitted an amend- DURBIN, and Mr. KIRK)) to the bill .R. 3979, amendment intended to be proposed by her ment intended to be proposed by him to the supra; which was ordered to lie on the table. to the bill H.R. 3979, supra; which was or- bill H.R. 3979, supra; which was ordered to lie SA 2901. Mr. INHOFE (for himself, Mr. dered to lie on the table. on the table. MCCONNELL, Mr. CORNYN, Mr. THUNE, Mr. SA 2917. Mr. SESSIONS (for himself, Mr. SA 2933. Mr. FLAKE (for himself, Mr. BARRASSO, Mr. BLUNT, Mr. VITTER, Mr. GRASSLEY, Mr. LEE, Mr. VITTER, Mr. ENZI, INHOFE, and Mr. RISCH) submitted an amend- CRAPO, Mr. CHAMBLISS, Mr. COATS, Mr. Mr. BOOZMAN, and Mr. HATCH) submitted an ment intended to be proposed by him to the

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1939 bill H.R. 3979, supra; which was ordered to lie to the bill H.R. 3979, supra; which was or- amendment SA 2874 proposed by Mr. on the table. dered to lie on the table. REID (for Mr. REED (for himself, Mr. SA 2934. Mr. FLAKE (for himself, Mr. SA 2954. Mr. MCCONNELL submitted an HELLER, Mr. MERKLEY, Ms. COLLINS, INHOFE, and Mr. RISCH) submitted an amend- amendment intended to be proposed by him Mr. BOOKER, Mr. PORTMAN, Mr. BROWN, ment intended to be proposed to amendment to the bill H.R. 3979, supra; which was or- Ms. MURKOWSKI, Mr. DURBIN, and Mr. SA 2874 proposed by Mr. REID (for Mr. REED dered to lie on the table. IRK (for himself, Mr. HELLER, Mr. MERKLEY, Ms. SA 2955. Mr. MCCONNELL submitted an K )) to the bill H.R. 3979, to amend COLLINS, Mr. BOOKER, Mr. PORTMAN, Mr. amendment intended to be proposed by him the Internal Revenue Code of 1986 to BROWN, Ms. MURKOWSKI, Mr. DURBIN, and Mr. to the bill H.R. 3979, supra; which was or- ensure that emergency services volun- KIRK)) to the bill H.R. 3979, supra; which was dered to lie on the table. teers are not taken into account as em- ordered to lie on the table. SA 2956. Mr. REID (for Mr. MENENDEZ) pro- ployees under the shared responsibility SA 2935. Mr. FLAKE submitted an amend- posed an amendment to the resolution S. requirements contained in the Patient ment intended to be proposed to amendment Res. 371, honoring the legacy and accom- Protection and Affordable Care Act; SA 2874 proposed by Mr. REID (for Mr. REED plishments of Jan Karski on the centennial which was ordered to lie on the table; (for himself, Mr. HELLER, Mr. MERKLEY, Ms. of his birth. as follows: COLLINS, Mr. BOOKER, Mr. PORTMAN, Mr. SA 2957. Mr. REID (for Mr. MENENDEZ) pro- BROWN, Ms. MURKOWSKI, Mr. DURBIN, and Mr. posed an amendment to the resolution S. At the end of the matter proposed to be in- KIRK)) to the bill H.R. 3979, supra; which was Res. 371, supra. serted, insert the following: ordered to lie on the table. SEC. ll. PROHIBITING FEDERAL PAYMENTS TO SA 2936. Mr. FLAKE submitted an amend- f STATES FOR UNEMPLOYMENT COM- PENSATION ADMINISTRATION WITH ment intended to be proposed by him to the TEXT OF AMENDMENTS bill H.R. 3979, supra; which was ordered to lie RESPECT TO COSTS FOR OFFICE Mr. BLUNT (for himself, Mr. FURNISHINGS AND MURALS, POR- on the table. SA 2885. TRAITS, AND OTHER ARTWORK. SA 2937. Mr. MCCONNELL submitted an MCCONNELL, Mr. INHOFE, Mr. THUNE, (a) IN GENERAL.—Section 302 of the Social amendment intended to be proposed by him Mr. CORNYN, and Mr. CRUZ) submitted Security Act (42 U.S.C. 501) is amended by to the bill H.R. 3979, supra; which was or- an amendment intended to be proposed adding at the end the following new sub- dered to lie on the table. by him to the bill H.R. 3979, to amend section: SA 2938. Mr. MCCONNELL submitted an ‘‘(d) No portion of the cost of office fur- amendment intended to be proposed by him the Internal Revenue Code of 1986 to ensure that emergency services volun- nishings or murals, portraits, or other art- to the bill H.R. 3979, supra; which was or- work shall be treated as being a cost for the dered to lie on the table. teers are not taken into account as em- proper and efficient administration of the SA 2939. Mr. MCCONNELL submitted an ployees under the shared responsibility State unemployment compensation law.’’. amendment intended to be proposed by him requirements contained in the Patient (b) EFFECTIVE DATE.—The amendment to the bill H.R. 3979, supra; which was or- Protection and Affordable Care Act; made by subsection (a) shall apply to costs dered to lie on the table. which was ordered to lie on the table; incurred on or after the date of the enact- SA 2940. Mr. MCCONNELL submitted an ment of this Act. amendment intended to be proposed by him as follows: to the bill H.R. 3979, supra; which was or- At the appropriate place, insert the fol- SA 2888. Mr. COBURN (for himself, dered to lie on the table. lowing: Mr. FLAKE, Mr. KING, and Mr. MANCHIN) SA 2941. Mr. MCCONNELL submitted an SEC. lll. POINT OF ORDER AGAINST LEGISLA- submitted an amendment intended to amendment intended to be proposed by him TION THAT WOULD CREATE A TAX to the bill H.R. 3979, supra; which was or- OR FEE ON CARBON EMISSIONS. be proposed to amendment SA 2874 pro- dered to lie on the table. (a) POINT OF ORDER.—It shall not be in posed by Mr. REID (for Mr. REED (for SA 2942. Mr. MCCONNELL submitted an order in the Senate to consider any bill, himself, Mr. HELLER, Mr. MERKLEY, Ms. amendment intended to be proposed by him joint resolution, motion, amendment, or con- COLLINS, Mr. BOOKER, Mr. PORTMAN, to the bill H.R. 3979, supra; which was or- ference report that includes a Federal tax or Mr. BROWN, Ms. MURKOWSKI, Mr. DUR- dered to lie on the table. fee imposed on carbon emissions from any BIN, and Mr. KIRK)) to the bill H.R. 3979, SA 2943. Mr. MCCONNELL submitted an product or entity that is a direct or indirect to amend the Internal Revenue Code of amendment intended to be proposed by him source of the emissions. to the bill H.R. 3979, supra; which was or- 1986 to ensure that emergency services (b) WAIVER AND APPEAL.— volunteers are not taken into account dered to lie on the table. (1) WAIVER.—Subsection (a) may be waived SA 2944. Mr. MCCONNELL submitted an or suspended in the Senate only by an af- as employees under the shared respon- amendment intended to be proposed by him firmative vote of three-fifths of the Mem- sibility requirements contained in the to the bill H.R. 3979, supra; which was or- bers, duly chosen and sworn. Patient Protection and Affordable Care dered to lie on the table. (2) APPEAL.—An affirmative vote of three- Act; which was ordered to lie on the SA 2945. Mr. MCCONNELL submitted an fifths of the Members of the Senate, duly table; as follows: amendment intended to be proposed by him chosen and sworn, shall be required to sus- to the bill H.R. 3979, supra; which was or- At the end of the matter proposed to be in- tain an appeal of the ruling of the Chair on dered to lie on the table. serted, insert the following: a point of order raised under subsection (a). SA 2946. Mr. MCCONNELL submitted an SEC. ll. PROHIBITION ON PAYMENT OF BENE- amendment intended to be proposed by him FITS BASED ON RECEIPT OF UNEM- PLOYMENT COMPENSATION. to the bill H.R. 3979, supra; which was or- SA 2886. Mr. SCOTT submitted an (a) IN GENERAL.—Title II of the Social Se- dered to lie on the table. amendment intended to be proposed by curity Act (42 U.S.C. 401 et seq.) is amended SA 2947. Mr. MCCONNELL submitted an him to the bill H.R. 3979, to amend the amendment intended to be proposed by him Internal Revenue Code of 1986 to ensure by inserting after section 224 the following new section: to the bill H.R. 3979, supra; which was or- that emergency services volunteers are ‘‘PROHIBITION ON PAYMENT OF BENEFITS BASED dered to lie on the table. not taken into account as employees ON RECEIPT OF UNEMPLOYMENT COMPENSATION SA 2948. Mr. MCCONNELL submitted an under the shared responsibility re- amendment intended to be proposed by him ‘‘SEC. 224A. (a) If for any month prior to to the bill H.R. 3979, supra; which was or- quirements contained in the Patient the month in which an individual attains re- dered to lie on the table. Protection and Affordable Care Act; tirement age (as defined in section SA 2949. Mr. MCCONNELL submitted an which was ordered to lie on the table; 216(l)(1))— amendment intended to be proposed by him as follows: ‘‘(1) such individual is entitled to benefits to the bill H.R. 3979, supra; which was or- At the appropriate place, insert the fol- under section 223, and dered to lie on the table. lowing: ‘‘(2) such individual is entitled for such SA 2950. Mr. MCCONNELL submitted an month to unemployment compensation, amendment intended to be proposed by him SEC. ll. MODIFICATION OF DEFINITION OF the total of the individual’s benefits under FULL-TIME EMPLOYEE. to the bill H.R. 3979, supra; which was or- section 223 for such month and of any bene- (a) FULL-TIME EQUIVALENTS.—Paragraph dered to lie on the table. fits under subsections (b) through (h) of sec- SA 2951. Mr. MCCONNELL submitted an (2)(E) of section 4980H(c) of the Internal Rev- tion 202 for such month based on the individ- amendment intended to be proposed by him enue Code of 1986 is amended by striking ‘‘by ual’s wages and self-employment income to the bill H.R. 3979, supra; which was or- 120’’ and inserting ‘‘by 174’’. shall be reduced to zero. dered to lie on the table. (b) FULL-TIME EMPLOYEES.—Paragraph ‘‘(b)(1) Notwithstanding any other provi- SA 2952. Mr. MCCONNELL submitted an (4)(A) of section 4980H(c) of the Internal Rev- sion of law, the head of any Federal agency amendment intended to be proposed by him enue Code of 1986 is amended by striking ‘‘30 shall provide such information within its to the bill H.R. 3979, supra; which was or- hours’’ and inserting ‘‘40 hours’’. possession as the Commissioner may require dered to lie on the table. for purposes of making a timely determina- SA 2953. Mr. MCCONNELL submitted an SA 2887. Mr. COBURN submitted an tion under this section for reduction of bene- amendment intended to be proposed by him amendment intended to be proposed to fits payable under this title, or verifying

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1940 CONGRESSIONAL RECORD — SENATE April 1, 2014 other information necessary in carrying out grantees, subcontractors, and other payees; whose family income is significantly reduced the provisions of this section. and because of a deployment (as defined in sec- ‘‘(2) The Commissioner is authorized to ‘‘(C) other amounts becoming owed, under tion 991(b) of title 10, United States Code, or enter into agreements with States, political programs assisted under this title, for which pursuant to paragraph (4) of such section), a subdivisions, and other organizations that no current services or performance is recall or order to active duty pursuant to a administer unemployment compensation, in quired, such as amounts for annuities, insur- provision of law referred to in section order to obtain such information as the Com- ance claims, and other benefit payments. 101(a)(13)(B) of title 10, United States Code, a missioner may require to carry out the pro- ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad- permanent change of station, or the service- visions of this section. ministrative costs’ means expenditures in- connected (as defined in section 101(16) of ‘‘(3) Any determination by the Commis- curred by State boards and local boards, di- title 38, United States Code) death or dis- sioner pursuant to this section shall be sub- rect recipients (including State grant recipi- ability of the member; and’’; ject to the requirements described in section ents under subtitle B and recipients of (12) in paragraph (13) (as so redesignated), 205(b)(1), including provision of reasonable awards under subtitles C and D), local grant by inserting ‘‘or regional’’ after ‘‘local’’ each notice and opportunity for a hearing. recipients, local fiscal agents or local grant place it appears; ‘‘(c) For purposes of this section, the term subrecipients, and one-stop operators in the (13) in paragraph (14) (as so redesignated)— ‘unemployment compensation’ has the mean- performance of administrative functions and (A) in subparagraph (A), by striking ‘‘sec- ing given that term in section 85(b) of the In- in carrying out activities under this title tion 122(e)(3)’’ and inserting ‘‘section 122’’; ternal Revenue Code of 1986.’’. that are not related to the direct provision (B) by striking subparagraph (B), and in- (b) EFFECTIVE DATE.—The amendment of workforce investment activities (includ- serting the following: made by subsection (a) shall apply to bene- ing services to participants and employers). ‘‘(B) work ready services, means a provider fits payable for months beginning after 180 Such costs include both personnel and non- who is identified or awarded a contract as days after the date of enactment of this Act. personnel expenditures and both direct and described in section 117(d)(5)(C); or’’; indirect expenditures.’’; (C) by striking subparagraph (C); and SA 2889. Mr. SCOTT submitted an (6) in paragraph (3) (as so redesignated), by (D) by redesignating subparagraph (D) as amendment intended to be proposed by striking ‘‘Except in sections 127 and 132, the’’ and inserting ‘‘The’’; subparagraph (C); him to the bill H.R. 3979, to amend the (14) in paragraph (15) (as so redesignated), Internal Revenue Code of 1986 to ensure (7) by amending paragraph (5) (as so redesignated) to read as follows: by striking ‘‘adult or dislocated worker’’ and that emergency services volunteers are inserting ‘‘individual’’; ‘‘(5) AREA CAREER AND TECHNICAL EDU- not taken into account as employees (15) in paragraph (20), by striking ‘‘The’’ CATION SCHOOL.—The term ‘area career and under the shared responsibility re- technical education school’ has the meaning and inserting ‘‘Subject to section quirements contained in the Patient given the term in section 3(3) of the Carl D. 116(a)(1)(E), the’’; Protection and Affordable Care Act; Perkins Career and Technical Education Act (16) in paragraph (25)— which was ordered to lie on the table; of 2006 (20 U.S.C. 2302(3)).’’; (A) in subparagraph (B), by striking ‘‘higher of—’’ and all that follows through clause as follows: (8) in paragraph (6) (as so redesignated), by inserting ‘‘(or such other level as the Gov- (ii) and inserting ‘‘poverty line for an equiva- At the appropriate place, insert the fol- ernor may establish)’’ after ‘‘8th grade lent period;’’; lowing: level’’; (B) by redesignating subparagraphs (D) TITLE ll—SUPPORTING KNOWLEDGE (9) in paragraph (10)(C) (as so redesig- through (F) as subparagraphs (E) through AND INVESTING IN LIFELONG SKILLS nated), by striking ‘‘not less than 50 percent (G), respectively; and SEC. ll01. SHORT TITLE. of the cost of the training’’ and inserting ‘‘a (C) by inserting after subparagraph (C) the This title may be cited as the ‘‘Supporting significant portion of the cost of training, as following: Knowledge and Investing in Lifelong Skills determined by the local board involved (or, ‘‘(D) receives or is eligible to receive a free Act’’ or the ‘‘SKILLS Act’’. in the case of an employer in multiple local or reduced price lunch under the Richard B. SEC. ll02. REFERENCES. areas in the State, as determined by the Russell National School Lunch Act (42 U.S.C. Except as otherwise expressly provided, Governor), taking into account the size of 1751 et seq.);’’; wherever in this title an amendment or re- the employer and such other factors as the (17) in paragraph (32), by striking ‘‘the Re- peal is expressed in terms of an amendment local board or Governor, respectively, deter- public of the Marshall Islands, the Federated to, or repeal of, a section or other provision, mines to be appropriate’’; States of Micronesia,’’; the amendment or repeal shall be considered (10) in paragraph (11) (as so redesignated)— (18) by amending paragraph (33) to read as to be made to a section or other provision of (A) in subparagraph (A)(ii)(II), by striking follows: the Workforce Investment Act of 1998 (29 ‘‘section 134(c)’’ and inserting ‘‘section ‘‘(33) OUT-OF-SCHOOL YOUTH.—The term U.S.C. 2801 et seq.). 121(e)’’; ‘out-of-school youth’ means— SEC. ll03. APPLICATION TO FISCAL YEARS. (B) in subparagraph (B)(iii)— ‘‘(A) an at-risk youth who is a school drop- Except as otherwise provided, this title (i) by striking ‘‘134(d)(4)’’ and inserting out; or and the amendments made by this title shall ‘‘134(c)(4)’’; and ‘‘(B) an at-risk youth who has received a apply with respect to fiscal year 2015 and (ii) by striking ‘‘intensive services de- secondary school diploma or its recognized succeeding fiscal years. scribed in section 134(d)(3)’’ and inserting equivalent but is basic skills deficient, un- ‘‘work ready services described in section employed, or underemployed.’’; Subtitle A—Amendments to the Workforce 134(c)(2)’’; (19) in paragraph (38), by striking Investment Act of 1998 (C) in subparagraph (C), by striking ‘‘or’’ ‘‘134(a)(1)(A)’’ and inserting ‘‘134(a)(1)(B)’’; CHAPTER 1—WORKFORCE INVESTMENT after the semicolon; (20) in paragraph (41), by striking ‘‘, and DEFINITIONS (D) in subparagraph (D), by striking the pe- the term means such Secretary for purposes SEC. ll06. DEFINITIONS. riod and inserting ‘‘; or’’; and of section 503’’; Section 101 (29 U.S.C. 2801) is amended— (E) by adding at the end the following: (21) in paragraph (43), by striking ‘‘clause (1) by striking paragraph (2) and inserting ‘‘(E)(i) is the spouse of a member of the (iii) or (v) of section 136(b)(3)(A)’’ and insert- the following: Armed Forces on active duty for a period of ing ‘‘section 136(b)(3)(A)(iii)’’; ‘‘(2) ADULT EDUCATION AND FAMILY LIT- more than 30 days (as defined in section (22) by amending paragraph (49) to read as ERACY EDUCATION ACTIVITIES.—The term 101(d)(2) of title 10, United States Code) who follows: ‘adult education and family literacy edu- has experienced a loss of employment as a di- ‘‘(49) VETERAN.—The term ‘veteran’ has the cation activities’ has the meaning given the rect result of relocation to accommodate a same meaning given the term in section term in section 203.’’; permanent change in duty station of such 2108(1) of title 5, United States Code.’’; (2) by striking paragraphs (13) and (24); member; or (23) by amending paragraph (50) to read as (3) by redesignating paragraphs (1) through ‘‘(ii) is the spouse of a member of the follows: (12) as paragraphs (3) through (14), and para- Armed Forces on active duty (as defined in ‘‘(50) CAREER AND TECHNICAL EDUCATION.— graphs (14) through (23) as paragraphs (15) section 101(d)(1) of title 10, United States The term ‘career and technical education’ through (24), respectively; Code) who meets the criteria described in has the meaning given the term in section 3 (4) by striking paragraphs (52) and (53); paragraph (12)(B).’’; of the Carl D. Perkins Career and Technical (5) by inserting after ‘‘In this title:’’ the (11) in paragraph (12)(A) (as redesignated)— Education Act of 2006 (20 U.S.C. 2302).’’; following new paragraphs: (A) by striking ‘‘and’’ after the semicolon (24) in paragraph (51), by striking ‘‘, and a ‘‘(1) ACCRUED EXPENDITURES.—The term and inserting ‘‘or’’; youth activity’’; and ‘accrued expenditures’ means— (B) by striking ‘‘(A)’’ and inserting (25) by adding at the end the following: ‘‘(A) charges incurred by recipients of ‘‘(A)(i)’’; and ‘‘(52) AT-RISK YOUTH.—Except as provided funds under this title for a given period re- (C) by adding at the end the following: in subtitle C, the term ‘at-risk youth’ means quiring the provision of funds for goods or ‘‘(ii) is the spouse of a member of the an individual who— other tangible property received; Armed Forces on active duty for a period of ‘‘(A) is not less than age 16 and not more ‘‘(B) charges incurred for services per- more than 30 days (as defined in section than age 24; formed by employees, contractors, sub- 101(d)(2) of title 10, United States Code) ‘‘(B) is a low-income individual; and

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‘‘(C) is an individual who is one or more of CHAPTER 2—STATEWIDE AND LOCAL ‘‘(3) WORKFORCE AND LABOR MARKET INFOR- the following: WORKFORCE INVESTMENT SYSTEMS MATION SYSTEM.—The State board shall de- ‘‘(i) A secondary school dropout. SEC. ll11. PURPOSE. velop a statewide workforce and labor mar- ‘‘(ii) A youth in foster care (including Section 106 (29 U.S.C. 2811) is amended by ket information system described in section youth aging out of foster care). adding at the end the following: ‘‘It is also 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l– ‘‘(iii) A youth offender. the purpose of this subtitle to provide work- 2(e)), which may include using information ‘‘(iv) A youth who is an individual with a force investment activities in a manner that collected under Federal law other than this disability. enhances employer engagement, promotes Act by the State economic development entity or a related entity in developing such ‘‘(v) A migrant youth. customer choices in the selection of training system. ‘‘(53) INDUSTRY OR SECTOR PARTNERSHIP.— services, and ensures accountability in the use of taxpayer funds.’’. ‘‘(4) EMPLOYER ENGAGEMENT.—The State The term ‘industry or sector partnership’ board shall develop strategies, across local means a partnership of— SEC. ll12. STATE WORKFORCE INVESTMENT areas, that meet the needs of employers and BOARDS. ‘‘(A) a State board or local board; and support economic growth in the State by en- Section 111 (29 U.S.C. 2821) is amended— ‘‘(B) one or more industry or sector organi- hancing communication, coordination, and (1) in subsection (b)— zations, and other entities, that have the ca- collaboration among employers, economic (A) in paragraph (1)— pability to help the State board or local development entities, and service providers. (i) by striking subparagraph (B); board determine the immediate and long- ‘‘(5) DESIGNATION OF LOCAL AREAS.—The (ii) by redesignating subparagraph (C) as term skilled workforce needs of in-demand State board shall designate local areas as re- subparagraph (B); and quired under section 116. industries or sectors and other occupations (iii) in subparagraph (B) (as so redesig- ‘‘(6) ONE-STOP DELIVERY SYSTEM.—The important to the State or local economy, re- nated)— spectively. State board shall identify and disseminate (I) by amending clause (i)(I), by striking information on best practices for effective ‘‘(54) INDUSTRY-RECOGNIZED CREDENTIAL.— ‘‘section 117(b)(2)(A)(i)’’ and inserting ‘‘sec- The term ‘industry-recognized credential’ operation of one-stop centers, including use tion 117(b)(2)(A)’’; of innovative business outreach, partner- means a credential that is sought or accept- (II) by amending clause (i)(II) to read as ships, and service delivery strategies. ed by companies within the industry sector follows: ‘‘(7) PROGRAM OVERSIGHT.—The State board involved, across multiple States, as recog- ‘‘(II) represent businesses, including large shall conduct the following program over- nized, preferred, or required for recruitment, and small businesses, each of which has im- sight: screening, or hiring and is awarded for com- mediate and long-term employment opportu- ‘‘(A) Reviewing and approving local plans pletion of a program listed or identified nities in an in-demand industry or other oc- under section 118. under subsection (d) or (i) of section 122, for cupation important to the State economy; ‘‘(B) Ensuring the appropriate use and the local area involved. and’’; management of the funds provided for State ‘‘(55) PAY-FOR-PERFORMANCE CONTRACT (III) by striking clause (iii) and inserting employment and training activities author- STRATEGY.—The term ‘pay-for-performance the following: ized under section 134. contract strategy’ means a strategy in which ‘‘(iii) a State agency official responsible ‘‘(C) Preparing an annual report to the a pay-for-performance contract to provide a for economic development; and’’; Secretary described in section 136(d). (IV) by striking clauses (iv) through (vi); program of employment and training activi- ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS- (V) by amending clause (vii) to read as fol- ties incorporates provisions regarding— URES.—The State board shall develop and en- lows: ‘‘(A) the core indicators of performance de- sure continuous improvement of comprehen- ‘‘(vii) such other representatives and State scribed in subclauses (I) through (IV) and sive State performance measures, including agency officials as the Governor may des- State adjusted levels of performance, as de- (VI) of section 136(b)(2)(A)(i); ignate, including— scribed under section 136(b).’’; ‘‘(B) a fixed amount that will be paid to an ‘‘(I) members of the State legislature; (4) by striking subsection (e) and redesig- eligible provider of such employment and ‘‘(II) representatives of individuals and or- nating subsection (f) as subsection (e); training activities for each program partici- ganizations that have experience with re- (5) in subsection (e) (as so redesignated), by pant who, within a defined timetable, spect to youth activities; inserting ‘‘or participate in any action achieves the agreed-to levels of performance ‘‘(III) representatives of individuals and or- taken’’ after ‘‘vote’’; based upon the core indicators of perform- ganizations that have experience and exper- (6) by inserting after subsection (e) (as so ance described in subparagraph (A), and may tise in the delivery of workforce investment redesignated), the following: include a bonus payment to such provider, activities, including chief executive officers ‘‘(f) STAFF.—The State board may employ which may be used to expand the capacity of of community colleges and community-based staff to assist in carrying out the functions such provider; organizations within the State; described in subsection (d).’’; and ‘‘(C) the ability for an eligible provider to ‘‘(IV) representatives of the lead State (7) in subsection (g), by inserting ‘‘elec- recoup the costs of providing the activities agency officials with responsibility for the tronic means and’’ after ‘‘on a regular basis for a program participant who has not programs and activities that are described in through’’. achieved those levels, but for whom the pro- section 121(b) and carried out by one-stop SEC. ll13. STATE PLAN. Section 112 (29 U.S.C. 2822)— vider is able to demonstrate that such par- partners; or ‘‘(V) representatives of veterans service or- (1) in subsection (a)— ticipant gained specific competencies re- ganizations.’’; and (A) by striking ‘‘127 or’’; and quired for education and career advancement (VI) by redesignating clause (vii) (as so (B) by striking ‘‘5-year strategy’’ and in- that are, where feasible, tied to industry-rec- amended) as clause (iv); and serting ‘‘3-year strategy’’; ognized credentials and related standards, or (B) by amending paragraph (3) to read as (2) in subsection (b)— State licensing requirements; and follows: (A) by amending paragraph (4) to read as ‘‘(D) the ability for an eligible provider ‘‘(3) MAJORITY.—A 2⁄3 majority of the mem- follows: that does not meet the requirements under bers of the board shall be representatives de- ‘‘(4) information describing— section 122(a)(2) to participate in such pay- scribed in paragraph (1)(B)(i).’’; ‘‘(A) the economic conditions in the State; for-performance contract and to not be re- (2) in subsection (c), by striking ‘‘(B) the immediate and long-term skilled quired to report on the performance and cost ‘‘(b)(1)(C)(i)’’ and inserting ‘‘(b)(1)(B)(i)’’; workforce needs of in-demand industries, information required under section 122(d). (3) by amending subsection (d) to read as small businesses, and other occupations im- ‘‘(56) RECOGNIZED POSTSECONDARY CREDEN- follows: portant to the State economy; TIAL.—The term ‘recognized postsecondary ‘‘(d) FUNCTIONS.—The State board shall as- ‘‘(C) the knowledge and skills of the work- credential’ means a credential awarded by a sist the Governor of the State as follows: force in the State; and provider of training services or postsec- ‘‘(1) STATE PLAN.—Consistent with section ‘‘(D) workforce development activities (in- ondary educational institution based on 112, the State board shall develop a State cluding education and training) in the completion of all requirements for a program plan. State;’’; of study, including coursework or tests or ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT (B) by amending paragraph (7) to read as other performance evaluations. The term SYSTEM.—The State board shall review and follows: develop statewide policies and programs in ‘‘(7) a description of the State criteria for means an industry-recognized credential, a the State in a manner that supports a com- determining the eligibility of training serv- certificate of completion of a registered ap- prehensive statewide workforce development ices providers in accordance with section 122, prenticeship program, or an associate or bac- system that will result in meeting the work- including how the State will take into ac- calaureate degree from an institution de- force needs of the State and its local areas. count the performance of providers and scribed in section 122(a)(2)(A)(i). Such review shall include determining whether the training services relate to in-de- ‘‘(57) REGISTERED APPRENTICESHIP PRO- whether the State should consolidate addi- mand industries and other occupations im- GRAM.—The term ‘registered apprenticeship tional amounts for additional activities or portant to the State economy;’’; program’ means a program described in sec- programs into the Workforce Investment (C) by amending paragraph (8) to read as tion 122(a)(2)(B).’’. Fund in accordance with section 501(e). follows:

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1942 CONGRESSIONAL RECORD — SENATE April 1, 2014 ‘‘(8)(A) a description of the procedures that (ii) in subparagraph (B), by striking ‘‘to ‘‘(A) how the State will furnish employ- will be taken by the State to assure coordi- the extent practicable’’ and inserting ‘‘in ac- ment, training, including training in ad- nation of, and avoid duplication among, the cordance with the requirements of the Jobs vanced manufacturing, supportive, and programs and activities identified under sec- for Veterans Act (Public Law 107–288) and the placement services to veterans, including tion 501(b)(2); and amendments made by such Act’’; and disabled and homeless veterans; ‘‘(B) a description of and an assurance re- (L) by striking paragraph (17) (as so redes- ‘‘(B) the strategies and services that will garding common data collection and report- ignated) and inserting the following: be used in the State to assist in and expedite ing processes used for the programs and ac- ‘‘(17) a description of the strategies and reintegration of homeless veterans into the tivities described in subparagraph (A), which services that will be used in the State— labor force; and are carried out by one-stop partners, includ- ‘‘(A) to more fully engage employers, in- ‘‘(C) the veterans population to be served ing— cluding small businesses and employers in in the State.’’; ‘‘(i) an assurance that such processes use in-demand industries and occupations impor- (3) in subsection (c), by striking ‘‘period, quarterly wage records for performance tant to the State economy; that—’’ and all that follows through para- measures described in section 136(b)(2)(A) ‘‘(B) to meet the needs of employers in the graph (2) and inserting ‘‘period, that the plan that are applicable to such programs or ac- State; and is inconsistent with the provisions of this tivities; or ‘‘(C) to better coordinate workforce devel- title.’’; and ‘‘(ii) if such wage records are not being opment programs with economic develop- (4) in subsection (d), by striking ‘‘5-year’’ used for the performance measures, an iden- ment activities; and inserting ‘‘3-year’’. tification of the barriers to using such wage ‘‘(18) a description of how the State board SEC. ll14. LOCAL WORKFORCE INVESTMENT records and a description of how the State will convene (or help to convene) industry or AREAS. will address such barriers within 1 year of sector partnerships that lead to collabo- Section 116 (29 U.S.C. 2831) is amended— the approval of the plan;’’; rative planning, resource alignment, and (1) in subsection (a)— (D) in paragraph (9), by striking ‘‘, includ- training efforts across a targeted cluster of (A) by amending paragraph (1) to read as ing comment by representatives of busi- multiple firms for a range of workers em- follows: nesses and representatives of labor organiza- ‘‘(1) IN GENERAL.— tions,’’; ployed or potentially employed by the indus- (E) in paragraph (11), by striking ‘‘under try or sector— ‘‘(A) PROCESS.—In order to receive an al- sections 127 and 132’’ and inserting ‘‘under ‘‘(A) to encourage industry growth and lotment under section 132, a State, through section 132’’; competitiveness and to improve worker the State board, shall establish a process to (F) by striking paragraph (12); training, retention, and advancement in the designate local workforce investment areas (G) by redesignating paragraphs (13) industry or sector; within the State. Such process shall— through (18) as paragraphs (12) through (17), ‘‘(B) to address the immediate and long- ‘‘(i) support the statewide workforce devel- respectively; term skilled workforce needs of in-demand opment system developed under section (H) in paragraph (12) (as so redesignated), industries, small businesses, and other occu- 111(d)(2), enabling the system to meet the by striking ‘‘111(f)’’ and inserting ‘‘111(e)’’; pations important to the State economy; and workforce needs of the State and its local (I) in paragraph (13) (as so redesignated), ‘‘(C) to address critical skill gaps within areas; by striking ‘‘134(c)’’ and inserting ‘‘121(e)’’; and across industries and sectors; ‘‘(ii) include consultation, prior to the des- (J) in paragraph (14) (as so redesignated), ‘‘(19) a description of how the State will ignation, with chief elected officials; by striking ‘‘116(a)(5)’’ and inserting utilize technology, to facilitate access to ‘‘(iii) include consideration of comments ‘‘116(a)(3)’’; services in remote areas, which may be used received on the designation through the pub- (K) in paragraph (16) (as so redesignated)— throughout the State; lic comment process as described in section (i) in subparagraph (A)— ‘‘(20) a description of the State strategy 112(b)(9); and (I) in clause (ii)— and assistance to be provided by the State ‘‘(iv) require the submission of an applica- (aa) by striking ‘‘to dislocated workers’’; for encouraging regional cooperation within tion for approval under subparagraph (B). and the State and across State borders, as appro- ‘‘(B) APPLICATION.—To obtain designation (bb) by inserting ‘‘and additional assist- priate; of a local area under this paragraph, a local ance’’ after ‘‘rapid response activities’’; ‘‘(21) a description of the actions that will or regional board (or consortia of local or re- (II) in clause (iii), by striking ‘‘134(d)(4)’’ be taken by the State to foster communica- gional boards) seeking to take responsibility and inserting ‘‘134(c)(4)’’; tion, coordination, and partnerships with for the area under this Act shall submit an (III) by striking ‘‘and’’ at the end of clause nonprofit organizations (including public li- application to a State board at such time, in (iii); braries, community, faith-based, and philan- such manner, and containing such informa- (IV) by amending clause (iv) to read as fol- thropic organizations) that provide employ- tion as the State board may require, includ- lows: ment-related, training, and complementary ing— ‘‘(iv) how the State will serve the employ- services, to enhance the quality and com- ‘‘(i) a description of the local area, includ- ment and training needs of dislocated work- prehensiveness of services available to paring the population that will be served by the ers (including displaced homemakers), low- ticipants under this title; local area, and the education and training income individuals (including recipients of ‘‘(22) a description of the process and meth- needs of its employers and workers; public assistance such as supplemental nu- odology for determining— ‘‘(ii) a description of how the local area is trition assistance program benefits pursuant ‘‘(A) one-stop partner program contribu- consistent or aligned with— to the Food and Nutrition Act of 2008 (7 tions for the costs of infrastructure of one- ‘‘(I) service delivery areas (as determined U.S.C. 2011 et seq.)), long-term unemployed stop centers under section 121(h)(1); and by the State); individuals (including individuals who have ‘‘(B) the formula for allocating such infra- ‘‘(II) labor market areas; and exhausted entitlement to Federal and State structure funds to local areas under section ‘‘(III) economic development regions; unemployment compensation), English 121(h)(3); ‘‘(iii) a description of the eligible providers learners, homeless individuals, individuals ‘‘(23) a description of the strategies and of education and training, including postsec- training for nontraditional employment, services that will be used in the State to as- ondary educational institutions such as com- youth (including out-of-school youth and at- sist at-risk youth and out-of-school youth in munity colleges, located in the local area risk youth), older workers, ex-offenders, mi- acquiring the education and skills, creden- and available to meet the needs of the local grant and seasonal farmworkers, refugees tials (including recognized postsecondary workforce; and entrants, veterans (including disabled credentials, such as industry-recognized cre- ‘‘(iv) a description of the distance that in- and homeless veterans), and Native Ameri- dentials), and employment experience to suc- dividuals will need to travel to receive serv- cans; and’’; and ceed in the labor market, including— ices provided in such local area; and (V) by adding at the end the following new ‘‘(A) training and internships in in-demand ‘‘(v) any other criteria that the State clause: industries or occupations important to the board may require. ‘‘(v) how the State will— State and local economy; ‘‘(C) PRIORITY.—In designating local areas ‘‘(I) consistent with section 188 and Execu- ‘‘(B) dropout recovery activities that are under this paragraph, a State board shall tive Order No. 13217 (42 U.S.C. 12131 note), designed to lead to the attainment of a reg- give priority consideration to an area pro- serve the employment and training needs of ular secondary school diploma or its recog- posed by an applicant demonstrating that a individuals with disabilities; and nized equivalent, or other State-recognized designation as a local area under this para- ‘‘(II) consistent with sections 504 and 508 of equivalent (including recognized alternative graph will result in the reduction of overlap- the Rehabilitation Act of 1973 (29 U.S.C. 794, standards for individuals with disabilities); ping service delivery areas, local market 794d), include the provision of outreach, in- and areas, or economic development regions. take, assessments, and service delivery, the ‘‘(C) activities combining remediation of ‘‘(D) ALIGNMENT WITH LOCAL PLAN.—A development of performance measures, the academic skills, work readiness training, State may designate an area proposed by an training of staff, and other aspects of acces- and work experience, and including linkages applicant as a local area under this para- sibility for individuals with disabilities to to postsecondary education and training and graph for a period not to exceed 3 years. programs and services under this subtitle;’’; career-ladder employment; and ‘‘(E) REFERENCES.—For purposes of this and ‘‘(24) a description of— Act, a reference to a local area—

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The local grant recipient or entity shall, if requested by the Governor of a graph (C); and designated under clause (ii) shall disburse State, provide the State with technical as- (B) in paragraph (3)(A)(ii), by striking the funds immediately on receiving such di- sistance in making the determinations re- ‘‘paragraphs (1) through (7)’’ and inserting rection from the local board. quired under paragraph (1). The Secretary ‘‘paragraphs (1) through (8)’’; ‘‘(C) STAFF.—The local board may employ shall not issue regulations governing deter- (3) by amending subsection (d) to read as staff to assist in carrying out the functions minations to be made under paragraph (1).’’; follows: described in this subsection. (C) by striking paragraph (3); ‘‘(d) FUNCTIONS OF LOCAL BOARD.—The ‘‘(D) GRANTS AND DONATIONS.—The local (D) by striking paragraph (4); functions of the local board shall include the board may solicit and accept grants and do- (E) by redesignating paragraph (5) as para- following: nations from sources other than Federal graph (3); and ‘‘(1) LOCAL PLAN.—Consistent with section funds made available under this Act. (F) in paragraph (3) (as so redesignated), by 118, each local board, in partnership with the ‘‘(5) SELECTION OF OPERATORS AND PRO- striking ‘‘(2) or (3)’’ both places it appears chief elected official for the local area in- VIDERS.— and inserting ‘‘(1)’’; volved, shall develop and submit a local plan ‘‘(A) SELECTION OF ONE-STOP OPERATORS.— (2) by amending subsection (b) to read as to the Governor. Consistent with section 121(d), the local follows: ‘‘(2) WORKFORCE RESEARCH AND REGIONAL board, with the agreement of the chief elect- ‘‘(b) SINGLE STATES.—Consistent with sub- LABOR MARKET ANALYSIS.— ed official— section (a), the State board of a State may ‘‘(A) IN GENERAL.—The local board shall— ‘‘(i) shall designate or certify one-stop op- designate the State as a single State local ‘‘(i) conduct, and regularly update, an erators as described in section 121(d)(2)(A); area for the purposes of this title.’’; and analysis of— and (3) in subsection (c)— ‘‘(I) the economic conditions in the local ‘‘(ii) may terminate for cause the eligi- (A) in paragraph (1), by adding at the end area; bility of such operators. the following: ‘‘The State may require the ‘‘(II) the immediate and long-term skilled ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAINING local boards for the designated region to pre- workforce needs of in-demand industries and SERVICE PROVIDERS.—Consistent with this pare a single regional plan that incorporates other occupations important to the local subtitle, the local board shall identify eligi- the elements of the local plan under section economy; ble providers of training services described 118 and that is submitted and approved in ‘‘(III) the knowledge and skills of the in section 134(c)(4) in the local area, annually lieu of separate local plans under such sec- workforce in the local area; and review the outcomes of such eligible pro- tion.’’; and ‘‘(IV) workforce development activities (in- viders using the criteria under section (B) in paragraph (2), by striking ‘‘employ- cluding education and training) in the local 122(b)(2), and designate such eligible pro- ment statistics’’ and inserting ‘‘workforce area; and viders in the local area who have dem- and labor market information’’. ‘‘(ii) assist the Governor in developing the onstrated the highest level of success with SEC. ll15. LOCAL WORKFORCE INVESTMENT statewide workforce and labor market infor- respect to such criteria as priority eligible BOARDS. mation system described in section 15(e) of providers for the program year following the Section 117 (29 U.S.C. 2832) is amended— the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). review. (1) in subsection (b)— ‘‘(B) EXISTING ANALYSIS.—In carrying out ‘‘(C) IDENTIFICATION OF ELIGIBLE PROVIDERS (A) in paragraph (2)— requirements of subparagraph (A)(i), a local OF WORK READY SERVICES.—If the one-stop op- (i) in subparagraph (A)— board shall use an existing analysis, if any, erator does not provide the services de- (I) by striking ‘‘include—’’ and all that fol- by the local economic development entity or scribed in section 134(c)(2) in the local area, lows through ‘‘representatives’’ and insert- related entity. the local board shall identify eligible pro- ing ‘‘include representatives’’; ‘‘(3) EMPLOYER ENGAGEMENT.—The local viders of such services in the local area by (II) by striking clauses (ii) through (vi); board shall meet the needs of employers and awarding contracts. (III) by redesignating subclauses (I) support economic growth in the local area by ‘‘(6) PROGRAM OVERSIGHT.—The local board, through (III) as clauses (i) through (iii), re- enhancing communication, coordination, in partnership with the chief elected official, spectively (and by moving the margins of and collaboration among employers, eco- shall be responsible for— such clauses 2 ems to the left); nomic development entities, and service pro- ‘‘(A) ensuring the appropriate use and (IV) by striking clause (ii) (as so redesig- viders. management of the funds provided for local nated) and inserting the following: ‘‘(4) BUDGET AND ADMINISTRATION.— employment and training activities author- ‘‘(ii) represent businesses, including large ‘‘(A) BUDGET.— ized under section 134(b); and and small businesses, each of which has im- ‘‘(i) IN GENERAL.—The local board shall de- ‘‘(B) conducting oversight of the one-stop mediate and long-term employment opportu- velop a budget for the activities of the local delivery system, in the local area, authorized nities in an in-demand industry or other oc- board in the local area, consistent with the under section 121. cupation important to the local economy; requirements of this subsection. ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE and’’; and ‘‘(ii) TRAINING RESERVATION.—In developing MEASURES.—The local board, the chief elect- (V) by striking the semicolon at the end of a budget under clause (i), the local board ed official, and the Governor shall negotiate clause (iii) (as so redesignated) and inserting shall reserve a percentage of funds to carry and reach agreement on local performance ‘‘; and’’; and out the activities specified in section measures as described in section 136(c). (ii) by amending subparagraph (B) to read 134(c)(4). The local board shall use the anal- ‘‘(8) TECHNOLOGY IMPROVEMENTS.—The as follows: ysis conducted under paragraph (2)(A)(i) to local board shall develop strategies for tech- ‘‘(B) may include such other individuals or determine the appropriate percentage of nology improvements to facilitate access to representatives of entities as the chief elect- funds to reserve under this clause. services authorized under this subtitle and ed official in the local area may determine ‘‘(B) ADMINISTRATION.— carried out in the local area, including ac- to be appropriate, including— ‘‘(i) GRANT RECIPIENT.—The chief elected cess in remote areas.’’; ‘‘(i) the superintendent or other employee official in a local area shall serve as the (4) in subsection (e)— of the local educational agency who has pri- local grant recipient for, and shall be liable (A) by inserting ‘‘electronic means and’’ mary responsibility for secondary education, for any misuse of, the grant funds allocated after ‘‘regular basis through’’; and the presidents or chief executive officers of to the local area under section 133, unless (B) by striking ‘‘and the award of grants or postsecondary educational institutions (in- the chief elected official reaches an agree- contracts to eligible providers of youth ac- cluding a community college, where such an ment with the Governor for the Governor to tivities,’’; entity exists), or administrators of local enact as the local grant recipient and bear such (5) in subsection (f)— tities providing adult education and family liability. (A) in paragraph (1)(A), by striking ‘‘sec- literacy education activities; ‘‘(ii) DESIGNATION.—In order to assist in ad- tion 134(d)(4)’’ and inserting ‘‘section ‘‘(ii) representatives of community-based ministration of the grant funds, the chief 134(c)(4)’’; and organizations (including organizations rep- elected official or the Governor, where the (B) by striking paragraph (2) and inserting resenting individuals with disabilities and Governor serves as the local grant recipient the following: veterans, for a local area in which such orga- for a local area, may designate an entity to ‘‘(2) WORK READY SERVICES; DESIGNATION OR nizations are present); or serve as a local grant subrecipient for such CERTIFICATION AS ONE-STOP OPERATORS.—A ‘‘(iii) representatives of veterans service funds or as a local fiscal agent. Such des- local board may provide work ready services organizations.’’; ignation shall not relieve the chief elected described in section 134(c)(2) through a one- (B) in paragraph (4)— official or the Governor of the liability for stop delivery system described in section 121

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LOCAL PLAN. employment that fosters independence and ployment specialist is integrated into the Section 118 (29 U.S.C. 2833) is amended— integration into the workplace; and one-stop career system described in section (1) in subsection (a), by striking ‘‘5-year’’ ‘‘(C) consistent with sections 504 and 508 of 121; and inserting ‘‘3-year’’; the Rehabilitation Act of 1973 (29 U.S.C. 794, ‘‘(C) the date on which the veteran employ- (2) by amending subsection (b) to read as 794d), include the provision of outreach, in- ment specialist was assigned; and follows: take, assessments, and service delivery, the ‘‘(D) whether the veteran employment spe- development of performance measures, the ‘‘(b) CONTENTS.—The local plan shall in- cialist has satisfactorily completed related clude— training of staff, and other aspects of acces- training by the National Veterans’ Employ- ‘‘(1) a description of the analysis of the sibility for individuals with disabilities to ment and Training Services Institute; and programs and services under this subtitle; local area’s economic and workforce condi- ‘‘(15) such other information as the Gov- ‘‘(8) a description of the local levels of per- tions conducted under subclauses (I) through ernor may require.’’; and formance negotiated with the Governor and (IV) of section 117(d)(2)(A)(i), and an assur- (3) in subsection (c)— chief elected official pursuant to section ance that the local board will use such anal- (A) in paragraph (1), by striking ‘‘such 136(c), to be— ysis to carry out the activities under this means’’ and inserting ‘‘electronic means and ‘‘(A) used to measure the performance of subtitle; such means’’; and the local area; and ‘‘(2) a description of the one-stop delivery (B) in paragraph (2), by striking ‘‘, includ- ‘‘(B) used by the local board for measuring system in the local area, including— ing representatives of business and rep- performance of the local fiscal agent (where ‘‘(A) a description of how the local board resentatives of labor organizations,’’. appropriate), eligible providers, and the one- will ensure— stop delivery system, in the local area; SEC. ll17. ESTABLISHMENT OF ONE-STOP DE- LIVERY SYSTEM. ‘‘(i) the continuous improvement of eligi- ‘‘(9) a description of the process used by ble providers of services through the system; the local board, consistent with subsection Section 121 (29 U.S.C. 2841) is amended— and (c), to provide an opportunity for public com- (1) in subsection (b)— ‘‘(ii) that such providers meet the employment prior to submission of the plan; (A) by striking subparagraph (A) of para- ment needs of local businesses and partici- ‘‘(10) a description of how the local area graph (1) and inserting the following: pants; and will serve the employment and training ‘‘(A) ROLES AND RESPONSIBILITIES OF ONE- ‘‘(B) a description of how the local board needs of dislocated workers (including dis- STOP PARTNERS.—Each entity that carries will facilitate access to services described in placed homemakers), low-income individuals out a program or activities described in subsection 117(d)(8) and provided through the (including recipients of public assistance paragraph (B) shall— one-stop delivery system consistent with such as supplemental nutrition assistance ‘‘(i) provide access through a one-stop de- section 117(d)(8); program benefits pursuant to the Food and livery system to the program or activities ‘‘(3) a description of the strategies and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), carried out by the entity, including making services that will be used in the local area— long-term unemployed individuals (including the work ready services described in section ‘‘(A) to more fully engage employers, in- individuals who have exhausted entitlement 134(c)(2) that are applicable to the program cluding small businesses and employers in to Federal and State unemployment com- or activities of the entity available at one- in-demand industries and occupations impor- pensation), English learners, homeless indi- stop centers (in addition to any other appro- tant to the local economy; viduals, individuals training for nontradi- priate locations); ‘‘(B) to meet the needs of employers in the tional employment, youth (including out-of- ‘‘(ii) use a portion of the funds available to local area; school youth and at-risk youth), older work- the program or activities of the entity to ‘‘(C) to better coordinate workforce devel- ers, ex-offenders, migrant and seasonal farm- maintain the one-stop delivery system, in- opment programs with economic develop- workers, refugees and entrants, veterans (including payment of the costs of infrastruc- ment activities; and cluding disabled veterans and homeless vet- ture of one-stop centers in accordance with ‘‘(D) to better coordinate workforce devel- erans), and Native Americans; subsection (h); opment programs with employment, train- ‘‘(11) an identification of the entity respon- ‘‘(iii) enter into a local memorandum of ing, and literacy services carried out by non- sible for the disbursal of grant funds de- understanding with the local board, relating profit organizations, including public librar- scribed in section 117(d)(4)(B)(iii), as deter- to the operation of the one-stop delivery sys- ies, as appropriate; mined by the chief elected official or the tem, that meets the requirements of sub- ‘‘(4) a description of how the local board Governor under such section; section (c); and will convene (or help to convene) industry or ‘‘(12) a description of the strategies and ‘‘(iv) participate in the operation of the sector partnerships that lead to collabo- services that will be used in the local area to one-stop delivery system consistent with the rative planning, resource alignment, and assist at-risk youth and out-of-school youth terms of the memorandum of understanding, training efforts across multiple firms for a in acquiring the education and skills, cre- the requirements of this title, and the re- range of workers employed or potentially dentials (including recognized postsecondary quirements of the Federal laws authorizing employed by a targeted industry or sector— credentials, such as industry-recognized cre- the program or activities carried out by the ‘‘(A) to encourage industry growth and dentials), and employment experience to suc- entity.’’; competitiveness and to improve worker ceed in the labor market, including— (B) in paragraph (1)(B)— training, retention, and advancement in the ‘‘(A) training and internships in in-demand (i) by striking clauses (ii), (v), and (vi); targeted industry or sector; industries or occupations important to the (ii) by redesignating clauses (iii) and (iv) as ‘‘(B) to address the immediate and long- local economy; clauses (ii) and (iii), respectively; term skilled workforce needs of in-demand ‘‘(B) dropout recovery activities that are (iii) by redesignating clauses (vii) through industries, small businesses, and other occu- designed to lead to the attainment of a reg- (xii) as clauses (iv) through (ix), respec- pations important to the local economy; and ular secondary school diploma or its recog- tively; ‘‘(C) to address critical skill gaps within nized equivalent, or other State-recognized (iv) in clause (ii), as so redesignated, by and across industries and sectors; equivalent (including recognized alternative striking ‘‘adult education and literacy ac- ‘‘(5) a description of how the funds reserved standards for individuals with disabilities); tivities’’ and inserting ‘‘adult education and under section 117(d)(4)(A)(ii) will be used to and family literacy education activities’’ carry out activities described in section ‘‘(C) activities combining remediation of (v) in clause (viii), as so redesignated, by 134(c)(4); academic skills, work readiness training, striking ‘‘and’’ at the end; ‘‘(6) a description of how the local board and work experience, and including linkages (vi) in clause (ix), as so redesignated, by will coordinate workforce investment activi- to postsecondary education and training and striking the period and inserting ‘‘; and’’; ties carried out in the local area with state- career-ladder employment; and wide workforce investment activities, as ap- ‘‘(13) a description of— (vii) by adding at the end the following: propriate; ‘‘(A) how the local area will furnish em- ‘‘(x) subject to subparagraph (C), programs ‘‘(7) a description of how the local area ployment, training, including training in ad- authorized under part A of title IV of the So- will— vanced manufacturing, supportive, and cial Security Act (42 U.S.C. 601 et seq.).’’; ‘‘(A) coordinate activities with the local placement services to veterans, including (C) by inserting after paragraph (1)(B) the area’s disability community, and with tran- disabled and homeless veterans; following: sition services (as defined under section 602 ‘‘(B) the strategies and services that will ‘‘(C) DETERMINATION BY THE GOVERNOR.— of the Individuals with Disabilities Edu- be used in the local area to assist in and ex- Each entity carrying out a program de- cation Act (20 U.S.C. 1401)) provided under pedite reintegration of homeless veterans scribed in subparagraph (B)(x) shall be con- that Act by local educational agencies serv- into the labor force; and sidered to be a one-stop partner under this

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title and carry out the required partner ac- ‘‘(A) provide the work ready services de- ‘‘(h) ONE-STOP INFRASTRUCTURE FUNDING.— tivities described in subparagraph (A) unless scribed in section 134(c)(2); ‘‘(1) PARTNER CONTRIBUTIONS.— the Governor of the State in which the local ‘‘(B) provide access to training services as ‘‘(A) PROVISION OF FUNDS.—Notwith- area is located provides the Secretary and described in paragraph (4) of section 134(c), standing any other provision of law, as de- Secretary of Health and Human Services including serving as the point of access to termined under subparagraph (B), a portion written notice of a determination by the career enhancement accounts for training of the Federal funds provided to the State Governor that such an entity shall not be services to participants in accordance with and areas within the State under the Federal considered to be such a partner and shall not paragraph (4)(F) of such section; laws authorizing the one-stop partner pro- carry out such required partner activities.’’; ‘‘(C) provide access to the activities car- grams described in subsection (b)(1)(B) and and ried out under section 134(d), if any; participating additional partner programs (D) in paragraph (2)— ‘‘(D) provide access to programs and activi- described in subsection (b)(2)(B), for a fiscal (i) in subparagraph (A)(i), by striking ‘‘sec- ties carried out by one-stop partners that are year shall be provided to the Governor by tion 134(d)(2)’’ and inserting ‘‘section described in subsection (b); and such partners to carry out this subsection. 134(c)(2)’’; and ‘‘(E) provide access to the data and infor- ‘‘(B) DETERMINATION OF GOVERNOR.— (ii) in subparagraph (B)— mation described in subparagraphs (A) and ‘‘(i) IN GENERAL.—Subject to subparagraph (I) by striking clauses (i), (ii), and (v); (B) of section 15(a)(1) of the Wagner-Peyser (C), the Governor, in consultation with the (II) in clause (iv), by striking ‘‘and’’ at the Act (29 U.S.C. 49l–2(a)(1)). State board, shall determine the portion of end; ‘‘(2) ONE-STOP DELIVERY.—At a minimum, funds to be provided under subparagraph (A) (III) by redesignating clauses (iii) and (iv) the one-stop delivery system— by each one-stop partner and in making such as clauses (i) and (ii), respectively; and ‘‘(A) shall make each of the programs, determination shall consider the propor- (IV) by adding at the end the following: services, and activities described in para- tionate use of the one-stop centers in the ‘‘(iii) employment and training programs graph (1) accessible at not less than one State by each such partner, the costs of ad- administered by the Commissioner of the So- physical center in each local area of the ministration for purposes not related to one- cial Security Administration; State; and stop centers for each such partner, and other ‘‘(iv) employment and training programs ‘‘(B) may also make programs, services, relevant factors described in paragraph (3). carried out by the Administrator of the and activities described in paragraph (1) ‘‘(ii) SPECIAL RULE.—In those States where Small Business Administration; available— the State constitution places policy-making ‘‘(v) employment, training, and literacy ‘‘(i) through a network of affiliated sites authority that is independent of the author- services carried out by public libraries; and that can provide one or more of the pro- ity of the Governor in an entity or official ‘‘(vi) other appropriate Federal, State, or grams, services, and activities to individ- with respect to the funds provided for adult local programs, including programs in the uals; and education and family literacy education ac- private sector.’’; ‘‘(ii) through a network of eligible one-stop tivities authorized under title II and for (2) in subsection (c)(2), by amending sub- partners— postsecondary career and technical edu- paragraph (A) to read as follows: ‘‘(I) in which each partner provides one or cation activities authorized under the Carl ‘‘(A) provisions describing— more of the programs, services, and activi- D. Perkins Career and Technical Education ‘‘(i) the services to be provided through the ties to such individuals and is accessible at Act of 2006 (20 U.S.C. 2301 et seq.), the deter- one-stop delivery system consistent with the an affiliated site that consists of a physical mination described in clause (i) with respect requirements of this section, including the location or an electronically- or techno- to the corresponding 2 programs shall be manner in which the services will be coordi- logically-linked access point; and made by the Governor with the appropriate nated through such system; ‘‘(II) that assures individuals that informa- entity or official with such independent pol- ‘‘(ii) how the costs of such services and the tion on the availability of the work ready icy-making authority. operating costs of such system will be fund- services will be available regardless of where ‘‘(iii) APPEAL BY ONE-STOP PARTNERS.—The ed, through cash and in-kind contributions, the individuals initially enter the statewide Governor shall establish a procedure for the to provide a stable and equitable funding workforce investment system, including in- one-stop partner administering a program stream for ongoing one-stop system oper- formation made available through an access described in subsection (b) and subparagraph ations, including the funding of the costs of point described in subclause (I). (A) to appeal a determination regarding the infrastructure of one-stop centers in accord- ‘‘(3) SPECIALIZED CENTERS.—The centers portion of funds to be provided under this ance with subsection (h); and sites described in paragraph (2) may paragraph on the basis that such determina- ‘‘(iii) methods of referral of individuals be- have a specialization in addressing special tion is inconsistent with the requirements tween the one-stop operator and the one-stop needs.’’; and described in the State plan for the program partners for appropriate services and activi- (5) by adding at the end the following: or with the requirements of this paragraph. ties, including referrals for training for non- ‘‘(g) CERTIFICATION OF ONE-STOP CEN- Such procedure shall ensure prompt resolu- traditional employment; and TERS.— tion of the appeal. ‘‘(iv) the duration of the memorandum of ‘‘(1) IN GENERAL.— ‘‘(C) LIMITATIONS.— understanding and the procedures for amend- ‘‘(A) IN GENERAL.—The State board shall ‘‘(i) PROVISION FROM ADMINISTRATIVE ing the memorandum during the term of the establish objective procedures and criteria FUNDS.—The funds provided under this para- memorandum, and assurances that such for certifying, at least once every 3 years, graph by a one-stop partner shall be provided memorandum shall be reviewed not less than one-stop centers for the purpose of awarding only from funds available for the costs of ad- once every 3-year period to ensure appro- the one-stop infrastructure funding described ministration under the program adminis- priate funding and delivery of services under in subsection (h). tered by such partner, and shall be subject to the memorandum; and’’; ‘‘(B) CRITERIA.—The criteria for certifi- the limitations with respect to the portion of (3) in subsection (d)— cation of a one-stop center under this sub- funds under such program that may be used (A) in the heading for paragraph (1), by section shall include— for administration. striking ‘‘DESIGNATION AND CERTIFICATION’’ ‘‘(i) meeting the expected levels of per- ‘‘(ii) FEDERAL DIRECT SPENDING PRO- and inserting ‘‘LOCAL DESIGNATION AND CER- formance for each of the corresponding core GRAMS.— TIFICATION’’; indicators of performance as outlined in the ‘‘(I) IN GENERAL.—A program that provides (B) in paragraph (2)— State plan under section 112; Federal direct spending under section (i) by striking ‘‘section 134(c)’’ and insert- ‘‘(ii) meeting minimum standards relating 250(c)(8) of the Balanced Budget and Emer- ing ‘‘subsection (e)’’; to the scope and degree of service integra- gency Deficit Control Act of 1985 (2 U.S.C. (ii) by amending subparagraph (A) to read tion achieved by the center, involving the 900(c)(8)) shall not, for purposes of this para- as follows: programs provided by the one-stop partners; graph, be required to provide more than the ‘‘(A) shall be designated or certified as a and maximum amount determined under sub- one-stop operator through a competitive ‘‘(iii) meeting minimum standards relating clause (II). process; and’’; and to how the center ensures that eligible pro- ‘‘(II) MAXIMUM AMOUNT.—The maximum (iii) in subparagraph (B), by striking clause viders meet the employment needs of local amount for the program is the amount that (ii) and redesignating clauses (iii) through employers and participants. bears the same relationship to the costs re- (vi) as clauses (ii) through (v), respectively; ‘‘(C) EFFECT OF CERTIFICATION.—One-stop ferred to in paragraph (2) for the State as the and centers certified under this subsection shall use of the one-stop centers by such program (C) in paragraph (3), by striking ‘‘voca- be eligible to receive the infrastructure fund- bears to the use of such centers by all one- tional’’ and inserting ‘‘career and technical’’; ing authorized under subsection (h). stop partner programs in the State. (4) by amending subsection (e) to read as ‘‘(2) LOCAL BOARDS.—Consistent with the ‘‘(2) ALLOCATION BY GOVERNOR.—From the follows: criteria developed by the State, the local funds provided under paragraph (1), the Gov- ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY board may develop, for certification referred ernor shall allocate funds to local areas in SYSTEM.— to in paragraph (1)(A), additional criteria or accordance with the formula established ‘‘(1) IN GENERAL.—There shall be estab- higher standards on the criteria referred to under paragraph (3) for the purposes of as- lished in a State that receives an allotment in paragraph (1)(B) to respond to local labor sisting in paying the costs of infrastructure under section 132(b) a one-stop delivery sys- market and demographic conditions and of one-stop centers certified under sub- tem, which shall— trends. section (g).

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‘‘(3) ALLOCATION FORMULA.—The State ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO- ‘‘(A) the application process for a provider board shall develop a formula to be used by VIDERS.—A provider described in subpara- of training services to become eligible under the Governor to allocate the funds provided graph (A) or (C) of paragraph (2) shall comply this section; and under paragraph (1) to local areas. The for- with the criteria and procedures established ‘‘(B) the respective roles of the State and mula shall include such factors as the State under this subsection to be eligible to re- local areas in receiving and reviewing appli- board determines are appropriate, which ceive the funds and be included on the list. A cations and in making determinations of eli- may include factors such as the number of provider described in paragraph (2)(B) shall gibility based on the criteria established centers in a local area that have been cer- be eligible to receive the funds and be in- under this section; and tified, the population served by such centers, cluded on the list with respect to programs ‘‘(2) establish a process, for a provider of and the performance of such centers. described in paragraph (2)(B) for so long as training services to appeal a denial or termi- ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur- the provider remains certified by the Sec- nation of eligibility under this section, that poses of this subsection, the term ‘costs of retary of Labor to carry out the programs. includes an opportunity for a hearing and infrastructure’ means the nonpersonnel costs ‘‘(b) CRITERIA.— prescribes appropriate time limits to ensure that are necessary for the general operation ‘‘(1) IN GENERAL.—The criteria established prompt resolution of the appeal. of a one-stop center, including the rental by the Governor pursuant to subsection (a) ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS costs of the facilities involved, and the costs shall take into account— IN CHOOSING PROVIDERS.—In order to facili- of utilities and maintenance, and equipment ‘‘(A) the performance of providers of train- tate and assist participants under chapter 5 (including assistive technology for individ- ing services with respect to the performance in choosing providers of training services, uals with disabilities). measures described in section 136, measures the Governor shall ensure that an appropriate list of providers determined eligible ‘‘(i) OTHER FUNDS.— for other matters for which information is under this section in the State, including in- ‘‘(1) IN GENERAL.—In addition to the funds required under paragraph (2), and other ap- provided under subsection (h), a portion of propriate measures of performance outcomes formation provided under subsection (b)(2) with respect to such providers, is provided to funds made available under Federal law au- for those participants receiving training the local boards in the State and is made thorizing the one-stop partner programs de- services under this subtitle; available to such participants and to mem- scribed in subsection (b)(1)(B) and partici- ‘‘(B) whether the training programs of such providers relate to in-demand industries or bers of the public through the one-stop deliv- pating additional partner programs de- ery system in the State. scribed in subsection (b)(2)(B), or the occupations important to the local economy; ‘‘(C) the need to ensure access to training ‘‘(e) ENFORCEMENT.— noncash resources available under such 2 ‘‘(1) IN GENERAL.—The procedures estab- types of programs, shall be used to pay the services throughout the State, including in rural areas; lished under this section shall provide the costs relating to the operation of the one- ‘‘(D) the ability of the providers to offer following: stop delivery system that are not paid for programs that lead to a recognized postsec- ‘‘(A) INTENTIONALLY SUPPLYING INACCURATE from the funds provided under subsection (h), ondary credential, and the quality of such INFORMATION.—Upon a determination, by an to the extent not inconsistent with the Fed- programs; individual or entity specified in the proce- eral law involved. Such portion shall be used ‘‘(E) the performance of the providers as dures, that a provider of training services, or to pay for costs including— reflected in the information such providers individual providing information on behalf of ‘‘(A) costs of infrastructure (as defined in are required to report to State agencies with the provider, intentionally supplied inac- subsection (h)) that are in excess of the funds respect to other Federal and State programs curate information under this section, the provided under subsection (h); (other than the program carried out under eligibility of such provider under this sec- ‘‘(B) common costs that are in addition to this subtitle), including one-stop partner tion shall be terminated for a period of time the costs of infrastructure (as so defined); programs; and that is not less than 2 years. and ‘‘(F) such other factors as the Governor de- ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a de- ‘‘(C) the costs of the provision of work termines are appropriate. termination, by an individual or entity spec- ready services applicable to each program. ‘‘(2) INFORMATION.—The criteria estab- ified in the procedures, that a provider of ‘‘(2) DETERMINATION AND STANDARDS.—The lished by the Governor shall require that a training services substantially violated any method for determining the appropriate por- provider of training services submit appro- requirement under this title, the eligibility tion of funds and noncash resources to be priate, accurate, and timely information to of such provider under this section shall be provided by each program under paragraph the State for purposes of carrying out sub- terminated for a period of time that is not (1) shall be determined as part of the memo- section (d), with respect to participants re- less than 10 years. randum of understanding under subsection ceiving training services under this subtitle ‘‘(C) REPAYMENT.—A provider of training (c). The State board shall provide standards in the applicable program, including— services whose eligibility is terminated to facilitate the determination of appro- ‘‘(A) information on recognized postsec- under subparagraph (A) or (B) shall be liable priate allocation of the funds and noncash ondary credentials received by such partici- for the repayment of funds received under resources to local areas.’’. pants; chapter 5 during a period of noncompliance SEC. ll18. IDENTIFICATION OF ELIGIBLE PRO- ‘‘(B) information on costs of attendance for described in such subparagraph. For purposes VIDERS OF TRAINING SERVICES. such participants; of subparagraph (A), that period shall be con- Section 122 (29 U.S.C. 2842) is amended to ‘‘(C) information on the program comple- sidered to be the period beginning on the read as follows: tion rate for such participants; and date on which the inaccurate information de- ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PRO- ‘‘(D) information on the performance of the scribed in subparagraph (A) was supplied, VIDERS OF TRAINING SERVICES. provider with respect to the performance and ending on the date of the termination ‘‘(a) ELIGIBILITY.— measures described in section 136 for such described in subparagraph (A). ‘‘(1) IN GENERAL.—The Governor, after con- participants. ‘‘(2) CONSTRUCTION.—Paragraph (1) shall be sultation with the State board, shall estab- ‘‘(3) RENEWAL.—The criteria established by construed to provide remedies and penalties lish criteria and procedures regarding the the Governor shall also provide for a review that supplement, but do not supplant, other eligibility of providers of training services on the criteria every 3 years and renewal of civil and criminal remedies and penalties. described in section 134(c)(4) to receive funds eligibility under this section for providers of ‘‘(f) AGREEMENTS WITH OTHER STATES.—A provided under section 133(b) for the provi- training services. State may enter into an agreement with another State, on a reciprocal basis, to permit sion of such training services and be included ‘‘(4) LOCAL CRITERIA.—A local board in the eligible providers of training services to ac- on the list of eligible providers of training State may establish criteria in addition to cept career enhancement accounts provided services described in subsection (d). the criteria established by the Governor, or in the other State. ‘‘(2) PROVIDERS.—Subject to the provisions may require higher levels of performance ‘‘(g) RECOMMENDATIONS.—In developing the of this section, to be eligible to receive the than required on the criteria established by criteria (including requirements for related funds and be included on the list, the pro- the Governor, for purposes of determining information) and procedures required under vider shall be— the eligibility of providers of training serv- this section, the Governor shall solicit and ‘‘(A) a postsecondary educational institu- ices under this section in the local area intake into consideration the recommendation that— volved. tions of local boards and providers of train- ‘‘(i) is eligible to receive Federal funds ‘‘(5) LIMITATION.—In carrying out the re- ing services within the State. under title IV of the Higher Education Act of quirements of this subsection, no entity may ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.— 1965 (20 U.S.C. 1070 et seq.); and disclose personally identifiable information During the development of the criteria and ‘‘(ii) provides a program that leads to a regarding a student, including a Social Secu- procedures, and the list of eligible providers recognized postsecondary credential; rity number, student identification number, required under this section, the Governor ‘‘(B) an entity that carries out programs or other identifier, without the prior written shall provide an opportunity for interested under the Act of August 16, 1937 (commonly consent of the parent or student in compli- members of the public to submit comments known as the ‘National Apprenticeship Act’; ance with section 444 of the General Edu- regarding such criteria, procedures, and list. 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); cation Provisions Act (20 U.S.C. 1232g). ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED or ‘‘(c) PROCEDURES.—The procedures estab- TRAINING EXCEPTION.— ‘‘(C) another public or private provider of a lished under subsection (a) shall— ‘‘(1) IN GENERAL.—Providers of on-the-job program of training services. ‘‘(1) identify— training or customized training shall not be

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1947 subject to the requirements of subsections agreement for extension of United States under such provisions by the State involved (a) through (d). educational assistance under the Compact of for fiscal year 2013; and ‘‘(2) COLLECTION AND DISSEMINATION OF IN- Free Association (approved by the Compact ‘‘(II) used with respect to fiscal year 2017 or FORMATION.—A one-stop operator in a local of Free Association Amendments Act of 2003 a succeeding fiscal year, means the percent- area shall collect such performance informa- (Public Law 108–188) after the date of enact- age of the amounts allotted to States under tion from on-the-job training and customized ment of the SKILLS Act. this paragraph for the fiscal year, that is retraining providers as the Governor may re- ‘‘(2) STATES.— ceived under this paragraph by the State in- quire, determine whether the providers meet ‘‘(A) IN GENERAL.—After determining the volved for the fiscal year. such performance criteria as the Governor amount to be reserved under paragraph (1), ‘‘(ii) AREA OF SUBSTANTIAL UNEMPLOY- may require, and disseminate information the Secretary shall allot the remainder of MENT.—The term ‘area of substantial unem- identifying providers that meet the criteria the amount referred to in subsection (a)(5) ployment’ means any area that is of suffi- as eligible providers, and the performance infor a fiscal year to the States pursuant to cient size and scope to sustain a program of formation, through the one-stop delivery subparagraph (B) for employment and train- workforce investment activities carried out system. Providers determined to meet the ing activities and statewide workforce in- under this subtitle and that has an average criteria shall be considered to be identified vestment activities. rate of unemployment of at least 7 percent for the most recent 12 months, as determined as eligible under this section, to be providers ‘‘(B) FORMULA.—Subject to subparagraphs of the training services involved.’’. (C) and (D), of the remainder— by the Secretary. For purposes of this SEC. ll19. GENERAL AUTHORIZATION. ‘‘(i) 25 percent shall be allotted on the clause, determinations of areas of substantial unemployment shall be made once each Chapter 5 of subtitle B of title I is amend- basis of the relative number of unemployed fiscal year. ed— individuals in areas of substantial unemploy- ‘‘(iii) DISADVANTAGED YOUTH.—The term (1) by striking the heading for chapter 5 ment in each State, compared to the total ‘disadvantaged youth’ means an individual and inserting the following: ‘‘EMPLOYMENT number of unemployed individuals in areas who is not less than age 16 and not more AND TRAINING ACTIVITIES’’; and of substantial unemployment in all States; than age 24 who receives an income, or is a (2) in section 131 (29 U.S.C. 2861)— ‘‘(ii) 25 percent shall be allotted on the member of a family that receives a total (A) by striking ‘‘paragraphs (1)(B) and basis of the relative number of individuals in family income, that in relation to family (2)(B) of’’; and the civilian labor force in each State, com- size, does not exceed the higher of— (B) by striking ‘‘adults, and dislocated pared to the total number of such individuals ‘‘(I) the poverty line; or workers,’’ and inserting ‘‘individuals’’. in all States; ‘‘(II) 70 percent of the lower living standard SEC. ll20. STATE ALLOTMENTS. ‘‘(iii) 25 percent shall be allotted on the income level. basis of the relative number of individuals in Section 132 (29 U.S.C. 2862) is amended— ‘‘(iv) INDIVIDUAL.—The term ‘individual’ (1) by amending subsection (a) to read as each State who have been unemployed for 15 means an individual who is age 16 or older.’’. weeks or more, compared to the total num- follows: SEC. ll21. WITHIN STATE ALLOCATIONS. ‘‘(a) IN GENERAL.—The Secretary shall— ber of individuals in all States who have Section 133 (29 U.S.C. 2863) is amended— 1 ‘‘(1) reserve ⁄2 of 1 percent of the total been unemployed for 15 weeks or more; and (1) by amending subsection (a) to read as amount appropriated under section 137 for a ‘‘(iv) 25 percent shall be allotted on the follows: fiscal year, of which— basis of the relative number of disadvan- ‘‘(a) RESERVATIONS FOR STATEWIDE WORK- ‘‘(A) 50 percent shall be used to provide taged youth in each State, compared to the FORCE INVESTMENT ACTIVITIES.— technical assistance under section 170; and total number of disadvantaged youth in all ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING ‘‘(B) 50 percent shall be used for evalua- States. ACTIVITIES.—The Governor of a State shall tions under section 172; ‘‘(C) MINIMUM AND MAXIMUM PERCENT- reserve not more than 15 percent of the total ‘‘(2) reserve 1 percent of the total amount AGES.— amount allotted to the State under section appropriated under section 137 for a fiscal ‘‘(i) MINIMUM PERCENTAGE.—The Secretary 132(b)(2) for a fiscal year to carry out the year to make grants to, and enter into con- shall ensure that no State shall receive an statewide activities described in section tracts or cooperative agreements with Indian allotment under this paragraph for— 134(a). tribes, tribal organizations, Alaska Native ‘‘(I) each of fiscal years 2015 through 2017, ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVITIES entities, Indian-controlled organizations that is less than 100 percent of the allotment AND ADDITIONAL ASSISTANCE.—Of the amount serving Indians, or Native Hawaiian organi- percentage of the State for fiscal year 2013; reserved under paragraph (1) for a fiscal zations to carry out employment and train- and year, the Governor of the State shall reserve ing activities; ‘‘(II) fiscal year 2018 and each succeeding not more than 25 percent for statewide rapid ‘‘(3) reserve not more than 25 percent of fiscal year, that is less than 90 percent of the response activities and additional assistance the total amount appropriated under section allotment percentage of the State for the fis- described in section 134(a)(4). 137 for a fiscal year to carry out the Jobs cal year preceding the fiscal year involved. ‘‘(3) STATEWIDE GRANTS FOR INDIVIDUALS Corps program under subtitle C; ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to WITH BARRIERS TO EMPLOYMENT.—Of the ‘‘(4) reserve not more than 3.5 percent of clause (i), the Secretary shall ensure that no amount reserved under paragraph (1) for a the total amount appropriated under section State shall receive an allotment under this fiscal year, the Governor of the State shall 137 for a fiscal year to— paragraph for— reserve 15 percent to carry out statewide ac- ‘‘(A) make grants to State boards or local ‘‘(I) each of fiscal years 2015 through 2017, tivities described in section 134(a)(5). boards to provide employment and training that is more than 130 percent of the allot- ‘‘(4) STATE ADMINISTRATIVE COST LIMIT.— assistance to workers affected by major eco- ment percentage of the State for fiscal year Not more than 5 percent of the funds re- nomic dislocations, such as plant closures, 2013; and served under paragraph (1) may be used by mass layoffs, or closures and realignments of ‘‘(II) fiscal year 2018 and each succeeding the Governor of the State for administrative military installations; and fiscal year, that is more than 130 percent of costs of carrying out the statewide activities ‘‘(B) provide assistance to Governors of the allotment percentage of the State for the described in section 134(a).’’; States with an area that has suffered an fiscal year preceding the fiscal year in- (2) by amending subsection (b) to read as emergency or a major disaster (as such volved. follows: terms are defined in paragraphs (1) and (2), ‘‘(D) SMALL STATE MINIMUM ALLOTMENT.— ‘‘(b) WITHIN STATE ALLOCATION.— respectively, of section 102 of the Robert T. Subject to subparagraph (C), the Secretary ‘‘(1) METHODS.—The Governor, acting in ac- Stafford Disaster Relief and Emergency As- shall ensure that no State shall receive an cordance with the State plan, and after con- sistance Act (42 U.S.C. 5122)) to provide dis- allotment under this paragraph for a fiscal sulting with chief elected officials in the aster relief employment in the area; and year that is less than 1⁄5 of 1 percent of the local areas in the State, shall— ‘‘(5) from the remaining amount appro- remainder described in subparagraph (A) for ‘‘(A) allocate the funds that are allotted to priated under section 137 for a fiscal year the fiscal year. the State under section 132(b)(2) and not re- (after reserving funds under paragraphs (1) ‘‘(E) DEFINITIONS.—For the purpose of the served under subsection (a), in accordance through (4)), make allotments in accordance formula specified in this paragraph: with paragraph (2)(A); and with subsection (b) of this section.’’; and ‘‘(i) ALLOTMENT PERCENTAGE.—The term ‘‘(B) award the funds that are reserved by (2) by amending subsection (b) to read as ‘allotment percentage’— the State under subsection (a)(3) through follows: ‘‘(I) used with respect to fiscal year 2013, competitive grants to eligible entities, in ac- ‘‘(b) WORKFORCE INVESTMENT FUND.— means the percentage of the amounts allot- cordance with section 134(a)(1)(C). ‘‘(1) RESERVATION FOR OUTLYING AREAS.— ted to States under title I of this Act, title ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK- ‘‘(A) IN GENERAL.—From the amount made V of the Older Americans Act of 1965 (42 FORCE INVESTMENT FUND.— available under subsection (a)(5) for a fiscal U.S.C. 3056 et seq.), the Women in Appren- ‘‘(A) ALLOCATION.—In allocating the funds year, the Secretary shall reserve not more ticeship and Nontraditional Occupations Act described in paragraph (1)(A) to local areas, than 1⁄4 of 1 percent to provide assistance to (29 U.S.C. 2501 et seq.), sections 4103A and a State shall allocate— the outlying areas. 4104 of title 38, United States Code, and sec- ‘‘(i) 25 percent on the basis described in ‘‘(B) RESTRICTION.—The Republic of Palau tions 1 through 14 of the Wagner-Peyser Act section 132(b)(2)(B)(i); shall cease to be eligible to receive funding (29 U.S.C. 49 et seq.), as such provisions were ‘‘(ii) 25 percent on the basis described in under this paragraph upon entering into an in effect for fiscal year 2013, that is received section 132(b)(2)(B)(ii);

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1948 CONGRESSIONAL RECORD — SENATE April 1, 2014 ‘‘(iii) 25 percent on the basis described in (4) by adding at the end the following new worker training programs, sectoral and in- section 132(b)(2)(B)(iii); and subsection: dustry cluster strategies and partnership ini- ‘‘(iv) 25 percent on the basis described in ‘‘(d) LOCAL ADMINISTRATIVE COST LIMIT.— tiatives, career ladder programs, micro-en- section 132(b)(2)(B)(iv), Of the amount allocated to a local area terprise and entrepreneurial training and except that a reference in a section specified under this section for a fiscal year, not more support programs, utilization of effective than 10 percent of the amount may be used in any of clauses (i) through (iv) to ‘each business intermediaries, activities to im- by the local board involved for the adminis- State’ shall be considered to refer to each prove linkages between the one-stop delivery trative costs of carrying out local workforce local area, and to ‘all States’ shall be consid- system in the State and all employers (in- investment activities in the local area under ered to refer to all local areas. cluding small employers) in the State, and this chapter.’’. ‘‘(B) MINIMUM AND MAXIMUM PERCENT- other business services and strategies that SEC. ll22. USE OF FUNDS FOR EMPLOYMENT better engage employers in workforce invest- AGES.— AND TRAINING ACTIVITIES. ment activities and make the workforce in- ‘‘(i) MINIMUM PERCENTAGE.—The State Section 134 (29 U.S.C. 2864) is amended— vestment system more relevant to the needs shall ensure that no local area shall receive (1) by amending subsection (a) to read as an allocation under this paragraph for— of State and local businesses, consistent follows: with the objectives of this title; ‘‘(I) each of fiscal years 2015 through 2017, ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING that is less than 100 percent of the allocation ‘‘(B) providing incentive grants to local ACTIVITIES.— areas— percentage of the local area for fiscal year ‘‘(1) IN GENERAL.— ‘‘(i) for regional cooperation among local 2013; and ‘‘(A) DISTRIBUTION OF STATEWIDE ACTIVI- boards (including local boards in a des- ‘‘(II) fiscal year 2018 and each succeeding TIES.—Funds reserved by a Governor for a ignated region as described in section 116(c)); fiscal year, that is less than 90 percent of the State as described in section 133(a)(1) and not ‘‘(ii) for local coordination of activities allocation percentage of the local area for reserved under paragraph (2) or (3) of section carried out under this Act; and the fiscal year preceding the fiscal year in- 133(a)— ‘‘(iii) for exemplary performance by local volved. ‘‘(i) shall be used to carry out the state- areas on the local performance measures; ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to wide employment and training activities de- ‘‘(C) developing strategies for effectively clause (i), the State shall ensure that no scribed in paragraph (2); and integrating programs and services among local area shall receive an allocation for a ‘‘(ii) may be used to carry out any of the one-stop partners; fiscal year under this paragraph for— statewide employment and training activi- ‘‘(D) carrying out activities to facilitate ‘‘(I) each of fiscal years 2015 through 2017, ties described in paragraph (3). remote access to services provided through a that is more than 130 percent of the alloca- ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVITIES one-stop delivery system, including facili- tion percentage of the local area for fiscal AND ADDITIONAL ASSISTANCE.—Funds reserved tating access through the use of technology; year 2013; and by a Governor for a State as described in sec- ‘‘(E) incorporating pay-for-performance ‘‘(II) fiscal year 2018 and each succeeding tion 133(a)(2) shall be used to provide the contract strategies as an element in funding fiscal year, that is more than 130 percentage statewide rapid response activities and addi- activities under this section and providing of the allocation percentage of the local area tional assistance described in paragraph (4). technical support to local areas and eligible for the fiscal year preceding the fiscal year ‘‘(C) STATEWIDE GRANTS FOR INDIVIDUALS providers in order to carry out such a strat- involved. WITH BARRIERS TO EMPLOYMENT.—Funds re- egy, which may involve providing assistance ‘‘(C) DEFINITIONS.—For the purpose of the served by a Governor for a State as described with data collection and data entry require- formula specified in this paragraph, the term in section 133(a)(3) shall be used to award ments; ‘allocation percentage’— statewide grants for individuals with bar- ‘‘(F) carrying out the State option under ‘‘(i) used with respect to fiscal year 2013, riers to employment on a competitive basis, subsection (f)(8); and means the percentage of the amounts allo- and carry out other activities, as described ‘‘(G) carrying out other activities author- cated to local areas under title I of this Act, in paragraph (5). ized under this section that the State deter- title V of the Older Americans Act of 1965 (42 ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND mines to be necessary to assist local areas in U.S.C. 3056 et seq.), the Women in Appren- TRAINING ACTIVITIES.—A State shall use funds carrying out activities described in sub- ticeship and Nontraditional Occupations Act referred to in paragraph (1)(A) to carry out section (c) or (d) through the statewide (29 U.S.C. 2501 et seq.), sections 4103A and statewide employment and training activi- workforce investment system. 4104 of title 38, United States Code, and sec- ties, which shall include— ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVITIES tions 1 through 14 of the Wagner-Peyser Act ‘‘(A) disseminating the State list of eligi- AND ADDITIONAL ASSISTANCE.—A State shall (29 U.S.C. 49 et seq.), as such provisions were ble providers of training services described use funds reserved as described in section in effect for fiscal year 2013, that is received in section 122(d), information identifying eli- 133(a)(2)— under such provisions by the local area in- gible providers of on-the-job training and ‘‘(A) to carry out statewide rapid response volved for fiscal year 2013; and customized training described in section activities, which shall include provision of ‘‘(ii) used with respect to fiscal year 2017 or 122(i), and performance information and pro- rapid response activities, carried out in local a succeeding fiscal year, means the percent- gram cost information described in section areas by the State or by an entity designated age of the amounts allocated to local areas 122(b)(2); by the State, working in conjunction with under this paragraph for the fiscal year, that ‘‘(B) supporting the provision of work the local boards and the chief elected offi- is received under this paragraph by the local ready services described in subsection (c)(2) cials in the local areas; and area involved for the fiscal year.’’; in the one-stop delivery system; ‘‘(B) to provide additional assistance to (3) in subsection (c)— ‘‘(C) implementing strategies and services local areas that experience disasters, mass (A) by amending paragraph (1) to read as that will be used in the State to assist at- layoffs, or plant closings, or other events follows: risk youth and out-of-school youth in acquir- that precipitate substantial increases in the ‘‘(1) IN GENERAL.—The Governor may, in ing the education and skills, recognized post- number of unemployed individuals, carried accordance with this subsection, reallocate secondary credentials, and employment ex- out in local areas by the State or by an enti- to eligible local areas within the State perience to succeed in the labor market; ty designated by the State, working in con- amounts that are allocated under subsection ‘‘(D) conducting evaluations under section junction with the local boards and the chief (b) for employment and training activities 136(e) of activities authorized under this elected officials in the local areas. and that are available for reallocation.’’; chapter in coordination with evaluations ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS (B) in paragraph (2), by striking ‘‘para- carried out by the Secretary under section WITH BARRIERS TO EMPLOYMENT.— graph (2)(A) or (3) of subsection (b) for such 172; ‘‘(A) IN GENERAL.—Of the funds reserved as activities’’ and inserting ‘‘subsection (b) for ‘‘(E) providing technical assistance to local described in section 133(a)(3), the Governor of such activities’’; areas that fail to meet local performance a State— (C) by amending paragraph (3) to read as measures; ‘‘(i) may reserve up to 5 percent to provide follows: ‘‘(F) operating a fiscal and management technical assistance for, and conduct evalua- ‘‘(3) REALLOCATIONS.—In making realloca- accountability system under section 136(f); tions as described in section 136(e) of, the tions to eligible local areas of amounts and programs carried out under this paragraph; available pursuant to paragraph (2) for a pro- ‘‘(G) carrying out monitoring and over- and gram year, the Governor shall allocate to sight of activities carried out under this ‘‘(ii) using the remainder, shall award each eligible local area within the State an chapter. grants on a competitive basis to eligible en- amount based on the relative amount allo- ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT tities (that meet specific performance out- cated to such local area under subsection AND TRAINING ACTIVITIES.—A State may use comes and criteria established by the Gov- (b)(2) for such activities for such prior pro- funds referred to in paragraph (1)(A) to carry ernor) described in subparagraph (B) to carry gram year, as compared to the total amount out statewide employment and training ac- out employment and training programs au- allocated to all eligible local areas in the tivities which may include— thorized under this paragraph for individuals State under subsection (b)(2) for such activi- ‘‘(A) implementing innovative programs with barriers to employment. ties for such prior program year.’’; and and strategies designed to meet the needs of ‘‘(B) ELIGIBLE ENTITY DEFINED.—For pur- (D) in paragraph (4), by striking ‘‘para- all employers in the State, including small poses of this paragraph, the term ‘eligible graph (2)(A) or (3) of’’; and employers, which may include incumbent entity’ means an entity that—

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1949 ‘‘(i) is a— (2) by amending subsection (b) to read as employment compensation system’’ after ‘‘(I) local board or a consortium of local follows: ‘‘compensation’’; boards; ‘‘(b) LOCAL EMPLOYMENT AND TRAINING AC- (xi) by amending subparagraph (K), as so ‘‘(II) nonprofit entity, for-profit entity, or TIVITIES.—Funds allocated to a local area redesignated, to read as follows: a consortium of nonprofit or for-profit enti- under section 133(b)— ‘‘(K) assistance in establishing eligibility ties; or ‘‘(1) shall be used to carry out employment for programs of financial aid assistance for ‘‘(III) consortium of the entities described and training activities described in sub- education and training programs that are in subclauses (I) and (II); section (c); and not funded under this Act and are available ‘‘(ii) has a demonstrated record of placing ‘‘(2) may be used to carry out employment in the local area;’’; and individuals into unsubsidized employment and training activities described in sub- (xii) by inserting the following new sub- and serving hard-to-serve individuals; and section (d).’’; paragraphs after subparagraph (K), as so re- ‘‘(iii) agrees to be reimbursed primarily on (3) by striking subsection (c); designated: the basis of meeting specified performance (4) by redesignating subsections (d) and (e), ‘‘(L) the provision of information from offi- outcomes and criteria established by the as subsections (c) and (d), respectively; cial publications of the Internal Revenue Governor. (5) in subsection (c) (as so redesignated)— Service regarding Federal tax credits, avail- ‘‘(C) GRANT PERIOD.— (A) by amending paragraph (1) to read as able to participants in employment and ‘‘(i) IN GENERAL.—A grant under this para- training activities, and relating to edu- follows: graph shall be awarded for a period of 1 year. cation, job training, and employment; ‘‘(1) IN GENERAL.—Funds allocated to a ‘‘(ii) GRANT RENEWAL.—A Governor of a ‘‘(M) comprehensive and specialized assess- local area under section 133(b) shall be used— State may renew, for up to 4 additional 1- ments of the skill levels and service needs of ‘‘(A) to establish a one-stop delivery sys- year periods, a grant awarded under this workers, which may include— tem as described in section 121(e); paragraph. ‘‘(i) diagnostic testing and use of other as- ‘‘(B) to provide the work ready services de- ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eligi- sessment tools; and scribed in paragraph (2) through the one-stop ble to participate in activities under this ‘‘(ii) in-depth interviewing and evaluation delivery system in accordance with such paragraph, an individual shall be a low-in- to identify employment barriers and appro- paragraph; and come individual age 16 or older. priate employment goals; ‘‘(C) to provide training services described ‘‘(E) USE OF FUNDS.—An eligible entity re- ‘‘(N) development of an individual employ- ceiving a grant under this paragraph shall in paragraph (4) in accordance with such ment plan, to identify the employment use the grant funds for programs of activi- paragraph.’’; goals, appropriate achievement objectives, ties that are designed to assist eligible par- (B) in paragraph (2)— and appropriate combination of services for ticipants in obtaining employment and ac- (i) in the heading, by striking ‘‘CORE SERV- the participant; quiring the education and skills necessary to ICES’’ and inserting ‘‘WORK READY SERVICES’’; ‘‘(O) group counseling; succeed in the labor market. To be eligible (ii) in the matter preceding subparagraph ‘‘(P) individual counseling and career plan- to receive a grant under this paragraph for (A)— ning; an employment and training program, an eli- (I) by striking ‘‘(1)(A)’’ and inserting ‘‘(1)’’; ‘‘(Q) case management; gible entity shall submit an application to a (II) by striking ‘‘core services’’ and insert- ‘‘(R) short-term pre-career services, includ- State at such time, in such manner, and con- ing ‘‘work ready services’’; and ing development of learning skills, commu- taining such information as the State may (III) by striking ‘‘who are adults or dis- nications skills, interviewing skills, punc- require, including— located workers’’; tuality, personal maintenance skills, and ‘‘(i) a description of how the strategies and (iii) by redesignating subparagraph (K) as professional conduct, to prepare individuals activities of the program will be aligned subparagraph (V); for unsubsidized employment or training; with the State plan submitted under section (iv) by redesignating subparagraphs (B) ‘‘(S) internships and work experience; 112 and the local plan submitted under sec- through (J) as subparagraphs (C) through ‘‘(T) literacy activities relating to basic tion 118, with respect to the area of the State (K), respectively; work readiness, information and commu- that will be the focus of the program under (v) by inserting after subparagraph (A) the nication technology literacy activities, and this paragraph; following: financial literacy activities, if the activities ‘‘(ii) a description of the educational and ‘‘(B) assistance in obtaining eligibility de- involved are not available to participants in skills training programs and activities the terminations under the other one-stop part- the local area under programs administered eligible entity will provide to eligible par- ner programs through activities, where ap- under the Adult Education and Family Lit- ticipants under this paragraph; propriate and consistent with the author- eracy Act (20 U.S.C. 9201 et seq.); ‘‘(iii) how the eligible entity will collabo- izing statute of the one-stop partner pro- ‘‘(U) out-of-area job search assistance and rate with State and local workforce invest- gram involved, such as assisting in— relocation assistance; and’’; ment systems established under this title in ‘‘(i) the submission of applications; (C) by amending paragraph (3) to read as the provision of such programs and activi- ‘‘(ii) the provision of information on the follows: ties; results of such applications; and ‘‘(3) DELIVERY OF SERVICES.—The work ‘‘(iv) a description of the programs of dem- ‘‘(iii) the provision of intake services and ready services described in paragraph (2) onstrated effectiveness on which the provi- information;’’; shall be provided through the one-stop deliv- sion of such educational and skills training (vi) by amending subparagraph (E), as so ery system and may be provided through programs and activities are based, and a de- redesignated, to read as follows: contracts with public, private for-profit, and scription of how such programs and activi- ‘‘(E) labor exchange services, including— private nonprofit service providers, approved ties will improve education and skills train- ‘‘(i) job search and placement assistance, by the local board.’’; and ing for eligible participants; and where appropriate, career counseling; (D) in paragraph (4)— ‘‘(v) a description of the populations to be ‘‘(ii) appropriate recruitment services for (i) by amending subparagraph (A) to read served and the skill needs of those popu- employers, including small employers, in the as follows: lations, and the manner in which eligible local area, which may include services de- ‘‘(A) IN GENERAL.—Funds described in para- participants will be recruited and selected as scribed in this subsection, including provi- graph (1)(C) shall be used to provide training participants; sion of information and referral to special- services to individuals who— ‘‘(vi) a description of the private, public, ized business services not traditionally of- ‘‘(i) after an interview, evaluation, or as- local, and State resources that will be lever- fered through the one-stop delivery system; sessment, and case management, have been aged, with the grant funds provided, for the and determined by a one-stop operator or one- program under this paragraph, and how the ‘‘(iii) reemployment services provided to stop partner, as appropriate, to— entity will ensure the sustainability of such unemployment claimants, including claim- ‘‘(I) be in need of training services to ob- program after grant funds are no longer ants identified as in need of such services tain or retain employment; and available; under the worker profiling system estab- ‘‘(II) have the skills and qualifications to ‘‘(vii) a description of the extent of the in- lished under section 303(j) of the Social Secu- successfully participate in the selected pro- volvement of employers in such program; rity Act (42 U.S.C. 503(j));’’; gram of training services; ‘‘(viii) a description of the levels of per- (vii) in subparagraph (F), as so redesig- ‘‘(ii) select programs of training services formance the eligible entity expects to nated, by striking ‘‘employment statistics’’ that are directly linked to the employment achieve with respect to the indicators of per- and inserting ‘‘workforce and labor market’’; opportunities in the local area involved or in formance for all individuals specified in sec- (viii) in subparagraph (G), as so redesig- another area in which the individual receiv- tion 136(b)(2); nated, by striking ‘‘and eligible providers of ing such services are willing to commute or ‘‘(ix) a detailed budget and a description of youth activities described in section 123,’’; relocate; and the system of fiscal controls, and auditing (ix) in subparagraph (H), as so redesig- ‘‘(iii) who meet the requirements of sub- and accountability procedures, that will be nated, by inserting ‘‘under section 136’’ after paragraph (B).’’; used to ensure fiscal soundness for the pro- ‘‘local performance measures’’; (ii) in subparagraph (B)(i), by striking ‘‘Ex- gram provided under this paragraph; and (x) in subparagraph (J), as so redesignated, cept’’ and inserting ‘‘Notwithstanding sec- ‘‘(x) any other criteria the Governor may by inserting ‘‘and information regarding the tion 479B of the Higher Education Act of 1965 require.’’; administration of the work test for the un- (20 U.S.C. 1087uu) and except’’;

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1950 CONGRESSIONAL RECORD — SENATE April 1, 2014 (iii) by amending subparagraph (D) to read (cc) in subclause (II), by striking ‘‘indi- workers of the employers. The local board as follows: vidual training accounts’’ and inserting ‘‘ca- shall establish the required payment toward ‘‘(D) TRAINING SERVICES.—Training services reer enhancement accounts’’; such costs, which may include in-kind con- authorized under this paragraph may in- (dd) in subclause (II), by striking ‘‘or’’ tributions. clude— after the semicolon; ‘‘(ii) CALCULATION OF MATCH.—The wages ‘‘(i) occupational skills training; (ee) in subclause (III), by striking the pe- paid by an employer to a worker while they ‘‘(ii) on-the-job training; riod and inserting ‘‘; or’’; and are attending training may be included as ‘‘(iii) skill upgrading and retraining; (ff) by adding at the end the following: part of the required payment of the em- ‘‘(iv) entrepreneurial training; ‘‘(IV) the local board determines that it ployer.’’; and ‘‘(v) education activities leading to a reg- would be most appropriate to award a con- (7) by adding at the end the following: ular secondary school diploma or its recog- tract to a postsecondary educational institu- ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE nized equivalent in combination with, con- tion that has been identified as a priority el- SECTOR JOBS.—In providing employment and currently or subsequently, occupational igible provider under section 117(d)(5)(B) in training activities authorized under this sec- skills training; order to facilitate the training of multiple tion, the State board and local board shall ‘‘(vi) adult education and family literacy individuals in in-demand industries or occu- give priority to placing participants in jobs education activities provided in conjunction pations important to the State or local econ- in the private sector. with other training services authorized omy, that such contract may be used to en- ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— under this subparagraph; able the expansion of programs provided by a ‘‘(1) IN GENERAL.—Subject to paragraph (8), ‘‘(vii) workplace training combined with priority eligible provider, and that such con- a local board shall hire and employ one or related instruction; tract does not limit customer choice.’’; more veteran employment specialists to ‘‘(viii) occupational skills training that in- (IV) in clause (iii), by striking ‘‘adult or carry out employment, training, supportive, corporates English language acquisition; dislocated worker’’ and inserting ‘‘indi- and placement services under this subsection ‘‘(ix) customized training conducted with a vidual’’; and in the local area served by the local board. commitment by an employer or group of em- (V) in clause (iv)— ‘‘(2) PRINCIPAL DUTIES.—A veteran employ- ployers to employ an individual upon suc- (aa) by redesignating subclause (IV) as sub- ment specialist in a local area shall— cessful completion of the training; and clause (V); and ‘‘(A) conduct outreach to employers in the ‘‘(x) training programs operated by the pri- (bb) by inserting after subclause (III) the local area to assist veterans, including dis- vate sector.’’; following: abled veterans, in gaining employment, in- (iv) by striking subparagraph (E) and re- ‘‘(IV) Individuals with disabilities.’’; cluding— designating subparagraphs (F) and (G) as (6) in subsection (d) (as so redesignated)— ‘‘(i) conducting seminars for employers; subparagraphs (E) and (F), respectively; (A) by amending paragraph (1) to read as and (v) in subparagraph (E) (as so redesig- follows: ‘‘(ii) in conjunction with employers, con- nated)— ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC- ducting job search workshops, and estab- (I) in clause (ii)— TIVITIES.— lishing job search groups; and (aa) in the matter preceding subclause (I), ‘‘(A) IN GENERAL.—Funds allocated to a ‘‘(B) facilitate the furnishing of employ- by striking ‘‘subsection (c)’’ and inserting local area under section 133(b)(2) may be used ment, training, supportive, and placement ‘‘section 121’’; to provide, through the one-stop delivery services to veterans, including disabled and (bb) in subclause (I), by striking ‘‘section system— homeless veterans, in the local area. 122(e)’’ and inserting ‘‘section 122(d)’’ and by ‘‘(i) customized screening and referral of ‘‘(3) HIRING PREFERENCE FOR VETERANS AND striking ‘‘section 122(h)’’ and inserting ‘‘sec- qualified participants in training services to INDIVIDUALS WITH EXPERTISE IN SERVING VET- tion 122(i)’’; and employers; ERANS.—Subject to paragraph (8), a local (cc) in subclause (II), by striking ‘‘sub- ‘‘(ii) customized employment-related serv- board shall, to the maximum extent prac- sections (e) and (h)’’ and inserting ‘‘sub- ices to employers on a fee-for-service basis; ticable, employ veterans or individuals with sections (d) and (i)’’; and ‘‘(iii) customer supports, including trans- expertise in serving veterans to carry out (II) by striking clause (iii) and inserting portation and child care, to navigate among the services described in paragraph (2) in the the following: multiple services and activities for special local area served by the local board. In hir- ‘‘(iii) CAREER ENHANCEMENT ACCOUNTS.—An participant populations that face multiple ing an individual to serve as a veteran em- individual who seeks training services and barriers to employment, including individ- ployment specialist, a local board shall give who is eligible pursuant to subparagraph (A), uals with disabilities; preference to veterans and other individuals may, in consultation with a case manager, ‘‘(iv) employment and training assistance in the following order: select an eligible provider of training serv- provided in coordination with child support ‘‘(A) To service-connected disabled vet- ices from the list or identifying information enforcement activities of the State agency erans. for providers described in clause (ii)(I). Upon carrying out subtitle D of title IV of the So- ‘‘(B) If no veteran described in subpara- such selection, the one-stop operator in- cial Security Act (42 U.S.C. 651 et seq.); graph (A) is available, to veterans. volved shall, to the extent practicable, refer ‘‘(v) incorporation of pay-for-performance ‘‘(C) If no veteran described in subpara- such individual to the eligible provider of contract strategies as an element in funding graph (A) or (B) is available, to any member training services, and arrange for payment activities under this section; of the Armed Forces transitioning out of for such services through a career enhance- ‘‘(vi) activities to facilitate remote access military service. ment account. to services provided through a one-stop de- ‘‘(D) If no veteran or member described in ‘‘(iv) COORDINATION.—Each local board livery system, including facilitating access subparagraph (A), (B), or (C) is available, to may, through one-stop centers, coordinate through the use of technology; and any spouse of a veteran or a spouse of a career enhancement accounts with other ‘‘(vii) activities to carry out business serv- member of the Armed Forces transitioning Federal, State, local, or private job training ices and strategies that meet the workforce out of military service. programs or sources to assist the individual investment needs of local area employers, as ‘‘(E) If no veteran or member described in in obtaining training services from (notwith- determined by the local board, consistent subparagraph (A), (B), or (C) is available and standing any provision of this title) eligible with the local plan under section 118.’’; no spouse described in paragraph (D) is avail- providers for those programs and sources. (B) by striking paragraphs (2) and (3); and able, to any other individuals with expertise ‘‘(v) ASSISTANCE.—Each local board may, (C) by adding at the end the following: in serving veterans. through one-stop centers, assist individuals ‘‘(2) INCUMBENT WORKER TRAINING PRO- ‘‘(4) ADMINISTRATION AND REPORTING.— receiving career enhancement accounts in GRAMS.— ‘‘(A) IN GENERAL.—Each veteran employ- obtaining funds (in addition to the funds pro- ‘‘(A) IN GENERAL.—The local board may use ment specialist shall be administratively re- vided under this section) from other pro- funds allocated to a local area under section sponsible to the one-stop operator of the one- grams and sources that will assist the indi- 133(b)(2) to carry out incumbent worker stop center in the local area and shall pro- vidual in obtaining training services.’’; and training programs in accordance with this vide, at a minimum, quarterly reports to the (vi) in subparagraph (F) (as so redesig- paragraph. one-stop operator of such center and to the nated)— ‘‘(B) TRAINING ACTIVITIES.—The training Assistant Secretary for Veterans’ Employ- (I) in the subparagraph heading, by strik- programs for incumbent workers under this ment and Training for the State on the spe- ing ‘‘INDIVIDUAL TRAINING ACCOUNTS’’ and in- paragraph shall be carried out by the local cialist’s performance, and compliance by the serting ‘‘CAREER ENHANCEMENT ACCOUNTS’’; area in conjunction with the employers of specialist with Federal law (including regu- (II) in clause (i), by striking ‘‘individual such workers for the purpose of assisting lations), with respect to the— training accounts’’ and inserting ‘‘career en- such workers in obtaining the skills nec- ‘‘(i) principal duties (including facilitating hancement accounts’’; essary to retain employment and avert lay- the furnishing of services) for veterans de- (III) in clause (ii)— offs. scribed in paragraph (2); and (aa) by striking ‘‘an individual training ac- ‘‘(C) EMPLOYER MATCH REQUIRED.— ‘‘(ii) hiring preferences described in para- count’’ and inserting ‘‘a career enhancement ‘‘(i) IN GENERAL.—Employers participating graph (3) for veterans and other individuals. account’’; in programs under this paragraph shall be re- ‘‘(B) REPORT TO SECRETARY.—Each State (bb) by striking ‘‘subparagraph (F)’’ and in- quired to pay a proportion of the costs of shall submit to the Secretary an annual re- serting ‘‘subparagraph (E)’’; providing the training to the incumbent port on the qualifications used by each local

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1951 board in the State in making hiring deter- subsidized employment during the second (aa) by striking ‘‘described in clause minations for a veteran employment spe- full calendar quarter after exit from the pro- (iv)(II)’’ and inserting ‘‘described in clause cialist and the salary structure under which gram, compared to the median earnings of (iv)(I)’’; and such specialist is compensated. such participants prior to participation in (bb) by striking ‘‘or (v)’’; and ‘‘(C) REPORT TO CONGRESS.—The Secretary such program. (ii) in subparagraph (B), by striking ‘‘para- shall submit to the Committee on Education ‘‘(IV) The percentage and number of pro- graph (2)(C)’’ and inserting ‘‘paragraph and the Workforce and the Committee on gram participants who obtain a recognized (2)(B)’’; Veterans’ Affairs of the House of Representa- postsecondary credential (such as an indus- (2) in subsection (c)— tives and the Committee on Health, Edu- try-recognized credential or a certificate (A) by amending clause (i) of paragraph cation, Labor, and Pensions and the Com- from a registered apprenticeship program), (1)(A) to read as follows: mittee on Veterans’ Affairs of the Senate an or a regular secondary school diploma or its ‘‘(i) the core indicators of performance de- annual report summarizing the reports sub- recognized equivalent (subject to clause (ii)), scribed in subsection (b)(2)(A) for activities mitted under subparagraph (B), and includ- during participation in or within 1 year after described in such subsection, other than ing summaries of outcomes achieved by par- exit from the program. statewide workforce investment activities; ticipating veterans, disaggregated by local ‘‘(V) The percentage and number of pro- and’’; areas. gram participants who, during a program (B) in clause (ii) of paragraph (1)(A), by ‘‘(5) PART-TIME EMPLOYEES.—A part-time year— striking ‘‘(b)(2)(C)’’ and inserting ‘‘(b)(2)(B)’’; veteran employment specialist shall perform ‘‘(aa) are in an education or training pro- and the functions of a veteran employment spe- gram that leads to a recognized postsec- (C) by amending paragraph (3) to read as cialist under this subsection on a halftime ondary credential (such as an industry-rec- follows: basis. ognized credential or a certificate from a ‘‘(3) DETERMINATIONS.—In determining ‘‘(6) TRAINING REQUIREMENTS.—Each vet- registered apprenticeship program), a certifi- such local levels of performance, the local eran employment specialist described in cate from an on-the-job training program, a board, the chief elected official, and the Gov- paragraph (2) shall satisfactorily complete regular secondary school diploma or its rec- ernor shall ensure such levels are adjusted training provided by the National Veterans’ ognized equivalent, or unsubsidized employ- based on the specific economic conditions Employment and Training Institute during ment; and the 3-year period that begins on the date on ‘‘(bb) are achieving measurable basic skill (such as unemployment rates and job losses which the employee is so assigned. gains toward such a credential, certificate, or gains in particular industries), or demographic characteristics or other characteris- ‘‘(7) SPECIALIST’S DUTIES.—A full-time vet- diploma, or employment. eran employment specialist shall perform ‘‘(VI) The percentage and number of pro- tics of the population to be served, in the only duties related to employment, training, gram participants who obtain unsubsidized local area.’’; supportive, and placement services under employment in the field relating to the (3) in subsection (d)— this subsection, and shall not perform other training services described in section (A) in paragraph (1)— non-veteran-related duties if such duties de- 134(c)(4) that such participants received. (i) by striking ‘‘127 or’’; tract from the specialist’s ability to perform ‘‘(ii) INDICATOR RELATING TO CREDENTIAL.— (ii) by striking ‘‘and the customer satisfac- the specialist’s duties related to employ- For purposes of clause (i)(IV), program par- tion indicator’’ each place it appears; and ment, training, supportive, and placement ticipants who obtain a regular secondary (iii) in the last sentence, by inserting be- services under this subsection. school diploma or its recognized equivalent fore the period the following: ‘‘, and on the ‘‘(8) STATE OPTION.—At the request of a shall be included in the percentage counted amount and percentage of the State’s annual local board, a State may opt to assume the as meeting the criterion under such clause allotment under section 132 the State spends duties assigned to the local board under only if such participants (in addition to ob- on administrative costs and on the amount paragraphs (1) and (3), including the hiring taining such diploma or its recognized equiv- and percentage of its annual allocation and employment of one or more veteran em- alent), within 1 year after exit from the pro- under section 133 each local area in the State ployment specialists for placement in the gram, have obtained or retained employ- spends on administrative costs’’; local area served by the local board.’’. ment, have been removed from public assist- (B) in paragraph (2)— SEC. ll23. PERFORMANCE ACCOUNTABILITY ance, or have begun an education or training (i) by striking subparagraphs (A), (B), and SYSTEM. program leading to a recognized postsec- (D); Section 136 (29 U.S.C. 2871) is amended— ondary credential. (ii) by redesignating subparagraph (C) as (1) in subsection (b)— ‘‘(B) ADDITIONAL INDICATORS.—A State may subparagraph (A); (A) by amending paragraphs (1) and (2) to identify in the State plan additional indica- (iii) by redesignating subparagraph (E) as read as follows: tors for workforce investment activities au- subparagraph (B); ‘‘(1) IN GENERAL.—For each State, the thorized under this subtitle.’’; and (iv) in subparagraph (B), as so redesig- State performance measures shall consist (B) in paragraph (3)— nated— of— (i) in subparagraph (A)— (I) by striking ‘‘(excluding participants ‘‘(A)(i) the core indicators of performance (I) in the heading, by striking ‘‘AND CUS- who received only self-service and informa- described in paragraph (2)(A); and TOMER SATISFACTION INDICATOR’’; tional activities)’’; and ‘‘(ii) additional indicators of performance (II) in clause (i), by striking ‘‘and the cus- (II) by striking ‘‘and’’ at the end; (if any) identified by the State under para- tomer satisfaction indicator described in (v) by striking subparagraph (F); and graph (2)(B); and paragraph (2)(B)’’; (vi) by adding at the end the following: ‘‘(B) a State adjusted level of performance (III) in clause (ii), by striking ‘‘and the ‘‘(C) with respect to each local area in the for each indicator described in subparagraph customer satisfaction indicator of perform- State— (A). ance, for the first 3’’ and inserting ‘‘, for all ‘‘(i) the number of individuals who received ‘‘(2) INDICATORS OF PERFORMANCE.— 3’’; work ready services described in section ‘‘(A) CORE INDICATORS OF PERFORMANCE.— (IV) in clause (iii)— 134(c)(2) and the number of individuals who ‘‘(i) IN GENERAL.—The core indicators of (aa) in the heading, by striking ‘‘FOR FIRST received training services described in sec- performance for the program of employment 3 YEARS’’; and tion 134(c)(4), during the most recent pro- and training activities authorized under sec- (bb) by striking ‘‘and the customer satis- gram year and fiscal year, and the preceding tions 132(a)(2) and 134, the program of adult faction indicator of performance, for the 5 program years, disaggregated (for individ- education and family literacy education ac- first 3 program years’’ and inserting ‘‘for all uals who received work ready services) by tivities authorized under title II, and the 3 program years’’; the type of entity that provided the work program authorized under title I of the Re- (V) in clause (iv)— ready services and disaggregated (for indi- habilitation Act of 1973 (29 U.S.C. 720 et seq.), (aa) by striking ‘‘or (v)’’; viduals who received training services) by other than section 112 or part C of that title (bb) by striking subclause (I) and redesig- the type of entity that provided the training (29 U.S.C. 732, 741), shall consist of the fol- nating subclauses (II) and (III) as subclauses services, and the amount of funds spent on lowing indicators of performance (with per- (I) and (II), respectively; and each of the 2 types of services during the formance determined in the aggregate and as (cc) in subclause (I) (as so redesignated)— most recent program year and fiscal year, disaggregated by the populations identified (AA) by inserting ‘‘, such as unemployment and the preceding 5 fiscal years; in the State and local plan in each case): rates and job losses or gains in particular in- ‘‘(ii) the number of individuals who suc- ‘‘(I) The percentage and number of pro- dustries’’ after ‘‘economic conditions’’; and cessfully exited out of work ready services gram participants who are in unsubsidized (BB) by inserting ‘‘, such as indicators of described in section 134(c)(2) and the number employment during the second full calendar poor work experience, dislocation from high- of individuals who exited out of training quarter after exit from the program. wage employment, low levels of literacy or services described in section 134(c)(4), during ‘‘(II) The percentage and number of pro- English proficiency, disability status (in- the most recent program year and fiscal gram participants who are in unsubsidized cluding disability status among veterans), year, and the preceding 5 program years, employment during the fourth full calendar and welfare dependency,’’ after ‘‘program’’; disaggregated (for individuals who received quarter after exit from the program. (VI) by striking clause (v) and redesig- work ready services) by the type of entity ‘‘(III) The difference in the median earn- nating clause (vi) as clause (v); and that provided the work ready services and ings of program participants who are in un- (VII) in clause (v) (as so redesignated)— disaggregated (for individuals who received

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1952 CONGRESSIONAL RECORD — SENATE April 1, 2014 training services) by the type of entity that (iv) in subparagraph (C)(i) (as so redesig- SEC. ll27. JOB CORPS DEFINITIONS. provided the training services; and nated), by striking ‘‘a reorganization plan Section 142 (29 U.S.C. 2882) is amended— ‘‘(iii) the average cost per participant of under subparagraph (A) may, not later than (1) in paragraph (2)— those individuals who received work ready 30 days after receiving notice of the reorga- (A) in the paragraph heading, by striking services described in section 134(c)(2) and the nization plan, appeal to the Governor to re- ‘‘APPLICABLE ONE-STOP’’ and inserting ‘‘ONE- average cost per participant of those individ- scind or revise such plan’’ and inserting STOP’’; uals who received training services described ‘‘corrective action under subparagraph (A) or (B) by striking ‘‘applicable’’; in section 134(c)(4), during the most recent (B) may, not later than 30 days after receiv- (C) by striking ‘‘customer service’’; and program year and fiscal year, and the pre- ing notice of the action, appeal to the Gov- (D) by striking ‘‘intake’’ and inserting ‘‘as- ceding 5 program years, disaggregated (for ernor to rescind or revise such action’’; and sessment’’; individuals who received work ready serv- (v) in subparagraph (D) (as so redesig- (2) in paragraph (4), by striking ‘‘before ices) by the type of entity that provided the nated), by striking ‘‘subparagraph (B)’’ each completing the requirements’’ and all that work ready services and disaggregated (for place it appears and inserting ‘‘subparagraph follows and inserting ‘‘prior to becoming a individuals who received training services) (C)’’; graduate.’’; and by the type of entity that provided the train- (6) in subsection (i)— (3) in paragraph (5), by striking ‘‘has coming services; and (A) in paragraph (1)— pleted the requirements’’ and all that follows ‘‘(D) the amount of funds spent on training (i) in subparagraph (B), by striking ‘‘sub- and inserting the following: ‘‘who, as a result services and discretionary activities de- section (b)(2)(C)’’ and inserting ‘‘subsection of participation in the Job Corps program, scribed in section 134(d), disaggregated by (b)(2)(B)’’; and has received a regular secondary school di- the populations identified under section (ii) in subparagraph (C), by striking ploma, completed the requirements of a ca- 112(b)(16)(A)(iv) and section 118(b)(10).’’; ‘‘(b)(3)(A)(vi)’’ and inserting ‘‘(b)(3)(A)(v)’’; reer and technical education and training (C) in paragraph (3)(A), by striking (B) in paragraph (2), by striking ‘‘the ac- program, or received, or is making satisfac- ‘‘through publication’’ and inserting tivities described in section 502 concerning’’; tory progress (as defined under section 484(c) ‘‘through electronic means’’; and and of the Higher Education Act of 1965 (20 U.S.C. (D) by adding at the end the following: (C) in paragraph (3), by striking ‘‘described 1091(c))) toward receiving, a recognized post- ‘‘(4) DATA VALIDATION.—In preparing the in paragraph (1) and in the activities de- secondary credential (including an industry- reports described in this subsection, each scribed in section 502’’ and inserting ‘‘and ac- recognized credential) that prepares individ- State shall establish procedures, consistent tivities described in this subsection’’; and uals for employment leading to economic with guidelines issued by the Secretary, to (7) by adding at the end the following new self-sufficiency.’’. ensure the information contained in the re- subsections: ports is valid and reliable. ‘‘(j) USE OF CORE INDICATORS FOR OTHER SEC. ll28. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. ‘‘(5) STATE AND LOCAL POLICIES.— PROGRAMS.—Consistent with the require- Section 144 (29 U.S.C. 2884) is amended— ‘‘(A) STATE POLICIES.—Each State that re- ments of the applicable authorizing laws, the ceives an allotment under section 132 shall Secretary shall use the core indicators of (1) by amending paragraph (1) to read as maintain a central repository of policies re- performance described in subsection (b)(2)(A) follows: lated to access, eligibility, availability of to assess the effectiveness of the programs ‘‘(1) not less than age 16 and not more than services, and other matters, and plans ap- described in section 121(b)(1)(B) (in addition age 24 on the date of enrollment;’’; proved by the State board and make such re- to the programs carried out under chapter 5) (2) in paragraph (3)(B), by inserting ‘‘sec- pository available to the public, including by that are carried out by the Secretary. ondary’’ before ‘‘school’’; and electronic means. ‘‘(k) ESTABLISHING PAY-FOR-PERFORMANCE (3) in paragraph (3)(E), by striking ‘‘voca- ‘‘(B) LOCAL POLICIES.—Each local area that INCENTIVES.— tional’’ and inserting ‘‘career and technical receives an allotment under section 133 shall ‘‘(1) IN GENERAL.—At the discretion of the education and’’. maintain a central repository of policies re- Governor of a State, a State may establish SEC. ll29. RECRUITMENT, SCREENING, SELEC- lated to access, eligibility, availability of an incentive system for local boards to im- TION, AND ASSIGNMENT OF ENROLL- services, and other matters, and plans ap- plement pay-for-performance contract strat- EES. proved by the local board and make such re- egies for the delivery of employment and Section 145 (29 U.S.C. 2885) is amended— pository available to the public, including by training activities in the local areas served (1) in subsection (a)— electronic means.’’; by the local boards. (A) in paragraph (2)(C)(i) by striking ‘‘vo- (4) in subsection (g)— ‘‘(2) IMPLEMENTATION.—A State that estab- cational’’ and inserting ‘‘career and tech- (A) in paragraph (1)— lishes a pay-for-performance incentive sys- nical education and training’’; and (i) in subparagraph (A), by striking ‘‘or tem shall reserve not more than 10 percent of (B) in paragraph (3)— (B)’’; and the total amount allotted to the State under (i) by striking ‘‘To the extent practicable, (ii) in subparagraph (B), by striking ‘‘may section 132(b)(2) for a fiscal year to provide the’’ and inserting ‘‘The’’; reduce by not more than 5 percent,’’ and in- funds to local areas in the State whose local (ii) in subparagraph (A)— serting ‘‘shall reduce’’; and boards have implemented a pay-for-perform- (I) by striking ‘‘applicable’’; and (B) by striking paragraph (2) and inserting ance contract strategy. (II) by inserting ‘‘and’’ after the semicolon; the following: ‘‘(3) EVALUATIONS.—A State described in (iii) by striking subparagraphs (B) and (C); ‘‘(2) FUNDS RESULTING FROM REDUCED AL- paragraph (2) shall use funds reserved by the and LOTMENTS.—The Secretary shall return to State under section 133(a)(1) to evaluate the (iv) by adding at the end the following: the Treasury the amount retained, as a re- return on investment of pay-for-performance ‘‘(B) organizations that have a dem- sult of a reduction in an allotment to a State contract strategies implemented by local onstrated record of effectiveness in placing made under paragraph (1)(B).’’; boards in the State.’’. at-risk youth into employment.’’; (5) in subsection (h)— SEC. ll24. AUTHORIZATION OF APPROPRIA- (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘or (B)’’; TIONS. (A) in paragraph (1)— and Section 137 (29 U.S.C. 2872) is amended to (i) in subparagraph (B), by inserting ‘‘and (B) in paragraph (2)— read as follows: agrees to such rules’’ after ‘‘failure to ob- (i) in subparagraph (A), by amending the ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. serve the rules’’; and matter preceding clause (i) to read as fol- ‘‘There are authorized to be appropriated (ii) by amending subparagraph (C) to read lows: to carry out the activities described in sec- as follows: ‘‘(A) IN GENERAL.—If such failure continues tion 132, $5,945,639,000 for fiscal year 2015 and ‘‘(C) the individual has passed a back- for a second consecutive year, the Governor each of the 6 succeeding fiscal years.’’. ground check conducted in accordance with shall take corrective actions, including the CHAPTER 3—JOB CORPS procedures established by the Secretary, development of a reorganization plan. Such SEC. ll26. JOB CORPS PURPOSES. which shall include— plan shall—’’; Paragraph (1) of section 141 (29 U.S.C. ‘‘(i) a search of the State criminal registry (ii) by redesignating subparagraphs (B) and 2881(1)) is amended to read as follows: or repository in the State where the indi- (C) as subparagraphs (C) and (D), respec- ‘‘(1) to maintain a national Job Corps pro- vidual resides and each State where the indi- tively; gram for at-risk youth, carried out in part- vidual previously resided; (iii) by inserting after subparagraph (A), nership with States and communities, to as- ‘‘(ii) a search of State-based child abuse the following: sist eligible youth to connect to the work- and neglect registries and databases in the ‘‘(B) REDUCTION IN THE AMOUNT OF GRANT.— force by providing them with intensive aca- State where the individual resides and each If such failure continues for a third consecu- demic, career and technical education, and State where the individual previously re- tive year, the Governor shall reduce the service-learning opportunities, in residential sided; amount of the grant that would (in the ab- and nonresidential centers, in order for such ‘‘(iii) a search of the National Crime Infor- sence of this subparagraph) be payable to the youth to obtain regular secondary school di- mation Center; local area under such program for the pro- plomas and recognized postsecondary creden- ‘‘(iv) a Federal Bureau of Investigation fin- gram year after such third consecutive year. tials leading to successful careers in in-de- gerprint check using the Integrated Auto- Such penalty shall be based on the degree of mand industries that will result in opportu- mated Fingerprint Identification System; failure to meet local levels of performance.’’; nities for advancement;’’. and

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1953 ‘‘(v) a search of the National Sex Offender (I) by amending subclause (II) to read as local workforce boards, employers, State and Registry established under the Adam Walsh follows: local educational agencies, and the sur- Child Protection and Safety Act of 2006 (42 ‘‘(II) the ability of the entity to offer ca- rounding communities in an effort to pro- U.S.C. 16901 et seq.).’’; and reer and technical education and training mote a comprehensive statewide workforce (B) by adding at the end the following new that the workforce council proposes under investment system; paragraph: section 154(c);’’; ‘‘(5) a description of the strong fiscal con- ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.— (II) in subclause (III), by striking ‘‘is famil- trols the entity has in place to ensure proper An individual shall be ineligible for enroll- iar with the surrounding communities, appli- accounting of Federal funds, and a descrip- ment if the individual— cable’’ and inserting ‘‘demonstrates relation- tion of how the entity will meet the require- ‘‘(A) makes a false statement in connec- ships with the surrounding communities, ments of section 159(a); tion with the criminal background check de- employers, workforce boards,’’ and by strik- ‘‘(6) a description of the strategies and scribed in paragraph (1)(C); ing ‘‘and’’ at the end; policies the entity will utilize to reduce par- ‘‘(B) is registered or is required to be reg- (III) by amending subclause (IV) to read as ticipant costs; istered on a State sex offender registry or follows: ‘‘(7) a description of the steps taken to con- the National Sex Offender Registry estab- ‘‘(IV) the performance of the entity, if any, trol costs in accordance with section lished under the Adam Walsh Child Protec- relating to operating or providing activities 159(a)(3); tion and Safety Act of 2006 (42 U.S.C. 16901 et described in this subtitle to a Job Corps cen- ‘‘(8) a detailed budget of the activities that seq.); or ter, including the entity’s demonstrated ef- will be supported using funds under this sub- ‘‘(C) has been convicted of a felony con- fectiveness in assisting individuals in achiev- title; sisting of— ing the primary and secondary indicators of ‘‘(9) a detailed budget of the activities that ‘‘(i) homicide; performance described in paragraphs (1) and will be supported using funds from non-Fed- ‘‘(ii) child abuse or neglect; (2) of section 159(c); and’’; and eral resources; ‘‘(iii) a crime against children, including (IV) by adding at the end the following new ‘‘(10) an assurance the entity will comply child pornography; subclause: with the administrative cost limitation in- ‘‘(iv) a crime involving rape or sexual as- ‘‘(V) the ability of the entity to dem- cluded in section 151(c); sault; or onstrate a record of successfully assisting at- ‘‘(11) an assurance the entity is licensed to ‘‘(v) physical assault, battery, or a drug-re- risk youth to connect to the workforce, in- operate in the State in which the center is lated offense, committed within the past 5 cluding by providing them with intensive located; and years.’’; academic, and career and technical edu- ‘‘(12) an assurance the entity will comply (3) in subsection (c)— cation and training.’’; and with and meet basic health and safety codes, (A) in paragraph (1)— (iii) in subparagraph (B)(ii)— including those measures described in sec- (i) by striking ‘‘2 years’’ and inserting (I) by striking ‘‘, as appropriate’’; and tion 152(b). ‘‘year’’; and (II) by striking ‘‘through (IV)’’ and insert- ‘‘(e) LENGTH OF AGREEMENT.—The agree- (ii) by striking ‘‘an assignment’’ and in- ing ‘‘through (V)’’; ment described in subsection (a)(1)(A) shall serting ‘‘a’’; and (2) in subsection (b), by striking ‘‘In any be for not longer than a 2-year period. The (B) in paragraph (2)— year, no more than 20 percent of the individ- Secretary may renew the agreement for 3 1- (i) in the matter preceding subparagraph uals enrolled in the Job Corps may be non- year periods if the entity meets the require- (A), by striking ‘‘, every 2 years,’’; residential participants in the Job Corps.’’; ments of subsection (f). ‘‘(f) RENEWAL.— (ii) in subparagraph (B), by striking ‘‘and’’ (3) by amending subsection (c) to read as ‘‘(1) IN GENERAL.—Subject to paragraph (2), at the end; follows: ‘‘(c) CIVILIAN CONSERVATION CENTERS.— the Secretary may renew the terms of an (iii) in subparagraph (C)— ‘‘(1) IN GENERAL.—The Job Corps centers agreement described in subsection (a)(1)(A) (I) by inserting ‘‘the education and train- may include Civilian Conservation Centers, for an entity to operate a Job Corps center if ing’’ after ‘‘including’’; and operated under an agreement between the the center meets or exceeds each of the indi- (II) by striking the period at the end and Secretary of Labor and the Secretary of Ag- cators of performance described in section inserting ‘‘; and’’; and riculture, that are located primarily in rural 159(c)(1). (iv) by adding at the end the following: areas. Such centers shall adhere to all the ‘‘(2) RECOMPETITION.— ‘‘(D) the performance of the Job Corps cen- provisions of this subtitle, and shall provide, ‘‘(A) IN GENERAL.—Notwithstanding para- ter relating to the indicators described in in addition to education, career and tech- graph (1), the Secretary shall not renew the paragraphs (1) and (2) in section 159(c), and nical education and training, and workforce terms of the agreement for an entity to oper- whether any actions have been taken with preparation skills training described in sec- ate a Job Corps center if such center is respect to such center pursuant to section tion 148, programs of work experience to con- ranked in the bottom quintile of centers de- 159(f).’’; and serve, develop, or manage public natural re- scribed in section 159(f)(2) for any program (4) in subsection (d)— sources or public recreational areas or to de- year. Such entity may submit a new applica- (A) in paragraph (1)— velop community projects in the public in- tion under subsection (d) only if such center (i) in the matter preceding subparagraph terest. has shown significant improvement on the (A), by striking ‘‘is closest to the home of ‘‘(2) SELECTION PROCESS.—The Secretary indicators of performance described in sec- the enrollee, except that the’’ and inserting shall select an entity that submits an appli- tion 159(c)(1) over the last program year. ‘‘offers the type of career and technical education under subsection (d) to operate a Ci- ‘‘(B) VIOLATIONS.—The Secretary shall not cation and training selected by the indi- vilian Conservation Center on a competitive select an entity to operate a Job Corps cen- vidual and, among the centers that offer basis, as provided in subsection (a).’’; and ter if such entity or such center has been such education and training, is closest to the (4) by striking subsection (d) and inserting found to have a systemic or substantial ma- home of the individual. The’’; the following: terial failure that involves— (ii) by striking subparagraph (A); and ‘‘(d) APPLICATION.—To be eligible to oper- ‘‘(i) a threat to the health, safety, or civil (iii) by redesignating subparagraphs (B) ate a Job Corps center under this subtitle, an rights of program participants or staff; and (C) as subparagraphs (A) and (B), respec- entity shall submit an application to the ‘‘(ii) the misuse of funds received under tively; and Secretary at such time, in such manner, and this subtitle; (B) in paragraph (2), by inserting ‘‘that of- containing such information as the Sec- ‘‘(iii) loss of legal status or financial via- fers the career and technical education and retary may require, including— bility, loss of permits, debarment from retraining desired by’’ after ‘‘home of the en- ‘‘(1) a description of the program activities ceiving Federal grants or contracts, or the rollee’’. that will be offered at the center, including improper use of Federal funds; SEC. ll30. JOB CORPS CENTERS. how the career and technical education and ‘‘(iv) failure to meet any other Federal or Section 147 (29 U.S.C. 2887) is amended— training reflect State and local employment State requirement that the entity has shown (1) in subsection (a)— opportunities, including in in-demand indus- an unwillingness or inability to correct, (A) in paragraph (1)(A), by striking ‘‘voca- tries; after notice from the Secretary, within the tional’’ both places it appears and inserting ‘‘(2) a description of the counseling, place- period specified; or ‘‘career and technical’’; and ment, and support activities that will be of- ‘‘(v) an unresolved area of noncompliance. (B) in paragraph (2)— fered at the center, including a description of ‘‘(g) CURRENT GRANTEES.—Not later than 60 (i) in subparagraph (A)— the strategies and procedures the entity will days after the date of enactment of the (I) by striking ‘‘subsections (c) and (d) of use to place graduates into unsubsidized em- SKILLS Act and notwithstanding any pre- section 303 of the Federal Property and Ad- ployment upon completion of the program; vious grant award or renewals of such award ministrative Services Act of 1949 (41 U.S.C. ‘‘(3) a description of the demonstrated under this subtitle, the Secretary shall re- 253)’’ and inserting ‘‘subsections (a) and (b) record of effectiveness that the entity has in quire all entities operating a Job Corps cen- of section 3304 of title 41, United States placing at-risk youth into employment, inter under this subtitle to submit an applica- Code’’; and cluding past performance of operating a Job tion under subsection (d) to carry out the re- (II) by striking ‘‘industry council’’ and in- Corps center under this subtitle; quirements of this section.’’. serting ‘‘workforce council’’; ‘‘(4) a description of the relationships that SEC. ll31. PROGRAM ACTIVITIES. (ii) in subparagraph (B)(i)— the entity has developed with State and Section 148 (29 U.S.C. 2888) is amended—

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(1) by amending subsection (a) to read as (2) in subsection (a), by striking ‘‘IN GEN- provide, directly or through grants, con- follows: ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; tracts, or other agreements or arrangements ‘‘(a) ACTIVITIES PROVIDED THROUGH JOB (3) by striking subsection (b) and redesig- as the Secretary considers appropriate, tech- CORPS CENTERS.— nating subsection (c) as subsection (b); nical assistance and training for the Job ‘‘(1) IN GENERAL.—Each Job Corps center (4) by amending subsection (b) (as so redes- Corps program for the purposes of improving shall provide enrollees with an intensive, ignated)— program quality. well-organized, and supervised program of (A) in the heading by inserting ‘‘OF OPER- ‘‘(b) ACTIVITIES.—In providing training and education, career and technical education ATING PLAN’’ after ‘‘AVAILABILITY’’; and technical assistance and for allocating re- and training, work experience, recreational (B) by striking ‘‘subsections (a) and (b)’’ sources for such assistance, the Secretary activities, physical rehabilitation and devel- and inserting ‘‘subsection (a)’’; and shall— opment, and counseling. Each Job Corps cen- (5) by adding at the end the following new ‘‘(1) assist entities, including those entities ter shall provide enrollees assigned to the subsection: not currently operating a Job Corps center, center with access to work ready services de- ‘‘(c) ADMINISTRATIVE COSTS.—Not more in developing the application described in scribed in section 134(c)(2). than 10 percent of the funds allotted under section 147(d); ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— section 147 to an entity selected to operate a ‘‘(2) assist Job Corps centers and programs ‘‘(A) IN GENERAL.—The activities provided Job Corps center may be used by the entity in correcting deficiencies and violations under this subsection shall be targeted to for administrative costs under this sub- under this subtitle; helping enrollees, on completion of their en- title.’’. ‘‘(3) assist Job Corps centers and programs rollment— in meeting or exceeding the indicators of SEC. ll35. COMMUNITY PARTICIPATION. performance described in paragraphs (1) and ‘‘(i) secure and maintain meaningful un- Section 153 (29 U.S.C. 2893) is amended to subsidized employment; (2) of section 159(c); and read as follows: ‘‘(4) assist Job Corps centers and programs ‘‘(ii) complete secondary education and ob- ‘‘SEC. 153. COMMUNITY PARTICIPATION. tain a regular secondary school diploma; in the development of sound management ‘‘The director of each Job Corps center practices, including financial management ‘‘(iii) enroll in and complete postsecondary shall encourage and cooperate in activities education or training programs, including procedures.’’. to establish a mutually beneficial relation- SEC. ll38. SPECIAL PROVISIONS. obtaining recognized postsecondary creden- ship between Job Corps centers in the State tials (such as industry-recognized creden- Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is and nearby communities. Such activities amended by striking ‘‘title II of the Federal tials and certificates from registered appren- may include the use of any local workforce ticeship programs); or Property and Administrative Services Act of development boards established under sec- 1949 (40 U.S.C. 481 et seq.)’’ and inserting ‘‘(iv) satisfy Armed Forces requirements. tion 117 to provide a mechanism for joint dis- ‘‘chapter 5 of title 40, United States Code,’’. ‘‘(B) LINK TO EMPLOYMENT OPPORTUNITIES.— cussion of common problems and for plan- The career and technical education and SEC. ll39. PERFORMANCE ACCOUNTABILITY ning programs of mutual interest.’’. MANAGEMENT. training provided shall be linked to the em- SEC. ll36. WORKFORCE COUNCILS. Section 159 (29 U.S.C. 2899) is amended— ployment opportunities in in-demand indus- (1) in the section heading, by striking tries in the State in which the Job Corps Section 154 (29 U.S.C. 2894) is amended to ‘‘MANAGEMENT INFORMATION’’ and inserting center is located.’’; read as follows: ‘‘PERFORMANCE ACCOUNTABILITY AND MANAGE- (2) in subsection (b)— ‘‘SEC. 154. WORKFORCE COUNCILS. MENT’’; ‘‘(a) IN GENERAL.—Each Job Corps center (A) in the subsection heading, by striking (2) in subsection (a)(3), by inserting before shall have a workforce council appointed by ‘‘EDUCATION AND VOCATIONAL’’ and inserting the period at the end the following: ‘‘, or op- the Governor of the State in which the Job ‘‘ACADEMIC AND CAREER AND TECHNICAL EDU- erating costs for such centers result in a Corps center is located. CATION AND’’; budgetary shortfall’’; ‘‘(b) WORKFORCE COUNCIL COMPOSITION.— (B) by striking ‘‘may’’ after ‘‘The Sec- (3) by striking subsections (c) through (g); ‘‘(1) IN GENERAL.—A workforce council retary’’ and inserting ‘‘shall’’; and and shall be comprised of— (C) by striking ‘‘vocational’’ each place it (4) by inserting after subsection (b) the fol- ‘‘(A) business members of the State board appears and inserting ‘‘career and tech- lowing: described in section 111(b)(1)(B)(i); nical’’; and ‘‘(c) INDICATORS OF PERFORMANCE.— ‘‘(B) business members of the local boards (3) by amending paragraph (3) of subsection ‘‘(1) PRIMARY INDICATORS.—The annual pri- (c) to read as follows: described in section 117(b)(2)(A) located in mary indicators of performance for Job ‘‘(3) DEMONSTRATION.—Each year, any oper- the State; Corps centers shall include— ator seeking to enroll additional enrollees in ‘‘(C) a representative of the State board de- ‘‘(A) the percentage and number of enroll- an advanced career training program shall scribed in section 111(f); and ees who graduate from the Job Corps center; demonstrate, before the operator may carry ‘‘(D) such other representatives and State ‘‘(B) the percentage and number of grad- out such additional enrollment, that— agency officials as the Governor may des- uates who entered unsubsidized employment ‘‘(A) participants in such program have ignate. related to the career and technical education AJORITY.—A 2⁄3 majority of the mem- achieved a satisfactory rate of completion ‘‘(2) M and training received through the Job Corps bers of the workforce council shall be rep- and placement in training-related jobs; and center, except that such calculation shall resentatives described in paragraph (1)(A). ‘‘(B) such operator has met or exceeded the not include enrollment in education, the ‘‘(c) RESPONSIBILITIES.—The responsibil- indicators of performance described in para- military, or volunteer service; ities of the workforce council shall be— graphs (1) and (2) of section 159(c) for the pre- ‘‘(C) the percentage and number of grad- ‘‘(1) to review all the relevant labor mar- vious year.’’. uates who obtained a recognized postsec- ket information, including related informa- SEC. ll32. COUNSELING AND JOB PLACEMENT. ondary credential, including an industry-rection in the State plan described in section Section 149 (29 U.S.C. 2889) is amended— ognized credential or a certificate from a 112, to— (1) in subsection (a), by striking ‘‘voca- registered apprenticeship program; and ‘‘(A) determine the in-demand industries in tional’’ and inserting ‘‘career and technical ‘‘(D) the cost per successful performance the State in which enrollees intend to seek education and’’; outcome, which is calculated by comparing employment after graduation; (2) in subsection (b)— the number of graduates who were placed in ‘‘(B) determine the skills and education (A) by striking ‘‘make every effort to ar- unsubsidized employment or obtained a rec- that are necessary to obtain the employment range to’’; and ognized postsecondary credential, including opportunities described in subparagraph (A); (B) by striking ‘‘to assist’’ and inserting an industry-recognized credential, to total and ‘‘assist’’; and program costs, including all operations, con- ‘‘(C) determine the type or types of career (3) by striking subsection (d). struction, and administration costs at each and technical education and training that SEC. ll33. SUPPORT. Job Corps center. will be implemented at the center to enable Subsection (b) of section 150 (29 U.S.C. 2890) ‘‘(2) SECONDARY INDICATORS.—The annual the enrollees to obtain the employment op- is amended to read as follows: secondary indicators of performance for Job portunities; and ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT Corps centers shall include— ‘‘(2) to meet at least once a year to re- FOR GRADUATES.—The Secretary shall ar- ‘‘(A) the percentage and number of grad- evaluate the labor market information, and range for a transition allowance to be paid to uates who entered unsubsidized employment other relevant information, to determine graduates. The transition allowance shall be not related to the career and technical edu- any necessary changes in the career and incentive-based to reflect a graduate’s com- cation and training received through the Job technical education and training provided at pletion of academic, career and technical Corps center; the center.’’. education or training, and attainment of a ‘‘(B) the percentage and number of grad- recognized postsecondary credential, includ- SEC. ll37. TECHNICAL ASSISTANCE. uates who entered into postsecondary edu- ing an industry-recognized credential.’’. Section 156 (29 U.S.C. 2896) is amended to cation; SEC. ll34. OPERATIONS. read as follows: ‘‘(C) the percentage and number of grad- Section 151 (29 U.S.C. 2891) is amended— ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. uates who entered into the military; (1) in the header, by striking ‘‘OPERATING ‘‘(a) IN GENERAL.—From the funds reserved ‘‘(D) the average wage of graduates who PLAN.’’ and inserting ‘‘OPERATIONS.’’; under section 132(a)(3), the Secretary shall are in unsubsidized employment—

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1955 ‘‘(i) on the first day of employment; and indicators established under such para- (5) in subsection (b) (as so redesignated)— ‘‘(ii) 6 months after the first day; graphs; and (A) by striking ‘‘paragraph (1)’’ and insert- ‘‘(E) the number and percentage of grad- ‘‘(E) a comparison of each service provider, ing ‘‘subsection (a)’’; uates who entered unsubsidized employment by rank, on the performance of all service (B) by striking ‘‘, or recipient of financial and were retained in the unsubsidized em- providers described in paragraphs (3) and (4) assistance under any of sections 166 through ployment— of subsection (c) on the performance indica- 169,’’; and ‘‘(i) 6 months after the first day of employ- tors established under such paragraphs. (C) by striking ‘‘or grant recipient’’; ment; and ‘‘(2) ASSESSMENT.—The Secretary shall (6) in subsection (c) (as so redesignated), by ‘‘(ii) 12 months after the first day of em- conduct an annual assessment of the per- striking ‘‘paragraph (1)’’ and inserting ‘‘sub- ployment; formance of each Job Corps center which section (a)’’; and ‘‘(F) the percentage and number of enroll- shall include information on the Job Corps (7) by inserting, after subsection (c) (as so ees compared to the percentage and number centers that— redesignated), the following: of enrollees the Secretary has established as ‘‘(A) are ranked in the bottom 10 percent ‘‘(d) BEST PRACTICES COORDINATION.—The targets in section 145(c)(1); on the performance indicator described in Secretary shall— ‘‘(G) the cost per training slot, which is paragraph (1)(C); or ‘‘(1) establish a system through which calculated by comparing the program’s max- ‘‘(B) have failed a safety and health code States may share information regarding best imum number of enrollees that can be en- review described in subsection (g). practices with regard to the operation of rolled in a Job Corps center at any given ‘‘(3) PERFORMANCE IMPROVEMENT.—With re- workforce investment activities under this time during the program year to the number spect to a Job Corps center that is identified Act; and of enrollees in the same program year; and under paragraph (2) or reports less than 50 ‘‘(2) evaluate and disseminate information ‘‘(H) the number and percentage of former percent on the performance indicators de- regarding best practices and identify knowl- enrollees, including the number dismissed scribed in subparagraph (A), (B), or (C) of edge gaps.’’. under the zero tolerance policy described in subsection (c)(1), the Secretary shall develop SEC. ll42. EVALUATIONS. section 152(b). and implement a 1 year performance im- Section 172 (29 U.S.C. 2917) is amended— ‘‘(3) INDICATORS OF PERFORMANCE FOR RE- provement plan. Such a plan shall require (1) in subsection (a), by striking ‘‘the Sec- CRUITERS.—The annual indicators of per- action including— retary shall provide for the continuing eval- formance for recruiters shall include the ‘‘(A) providing technical assistance to the uation of the programs and activities, in- measurements described in subparagraph (A) center; cluding those programs and activities car- of paragraph (1) and subparagraphs (F), (G), ‘‘(B) changing the management staff of the ried out under section 171’’ and inserting and (H) of paragraph (2). center; ‘‘the Secretary, through grants, contracts, or ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER ‘‘(C) replacing the operator of the center; cooperative agreements, shall conduct, at TRANSITION SERVICE PROVIDERS.—The annual ‘‘(D) reducing the capacity of the center; or least once every 5 years, an independent indicators of performance of career transi- ‘‘(E) closing the center. evaluation of the programs and activities tion service providers shall include the ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job funded under this Act’’; measurements described in subparagraphs Corps centers that have been identified (2) by amending subsection (a)(4) to read as (B) and (C) of paragraph (1) and subpara- under paragraph (2) for more than 4 consecu- follows: graphs, (B), (C), (D), and (E) of paragraph (2). tive years shall be closed. The Secretary ‘‘(4) the impact of receiving services and ‘‘(d) ADDITIONAL INFORMATION.—The Sec- shall ensure— not receiving services under such programs retary shall collect, and submit in the report ‘‘(A) that the proposed decision to close and activities on the community, businesses, described in subsection (f), information on the center is announced in advance to the and individuals;’’; the performance of each Job Corps center, general public through publication in the (3) by amending subsection (c) to read as and the Job Corps program, regarding— Federal Register and other appropriate follows: ‘‘(1) the number and percentage of former means; and ‘‘(c) TECHNIQUES.—Evaluations conducted enrollees who obtained a regular secondary ‘‘(B) the establishment of a reasonable under this section shall utilize appropriate school diploma; comment period, not to exceed 30 days, for and rigorous methodology and research de- ‘‘(2) the number and percentage of former interested individuals to submit written signs, including the use of control groups enrollees who entered unsubsidized employ- comments to the Secretary. chosen by scientific random assignment ment; ‘‘(g) PARTICIPANT HEALTH AND SAFETY.— methodologies, quasi-experimental methods, ‘‘(3) the number and percentage of former The Secretary shall enter into an agreement impact analysis and the use of administra- enrollees who obtained a recognized postsec- with the General Services Administration or tive data. The Secretary shall conduct an ondary credential, including an industry-rec- the appropriate State agency responsible for impact analysis, as described in subsection ognized credential; inspecting public buildings and safeguarding (a)(4), of the formula grant program under ‘‘(4) the number and percentage of former the health of disadvantaged students, to con- subtitle B not later than 2016, and thereafter enrollees who entered into military service; duct an in-person review of the physical con- shall conduct such an analysis not less than and dition and health-related activities of each once every 4 years.’’; ‘‘(5) any additional information required Job Corps center annually. Such review shall (4) in subsection (e), by striking ‘‘the Com- by the Secretary. include a passing rate of occupancy under mittee on Labor and Human Resources of the ‘‘(e) METHODS.—The Secretary shall collect Federal and State ordinances.’’. Senate’’ and inserting ‘‘the Committee on the information described in subsections (c) Health, Education, Labor, and Pensions of and (d), using methods described in section CHAPTER 4—NATIONAL PROGRAMS the Senate’’; 136(f)(2) and consistent with State law, by SEC. ll41. TECHNICAL ASSISTANCE. (5) by redesignating subsection (f) as sub- entering into agreements with the States to Section 170 (29 U.S.C. 2915) is amended— section (g) and inserting after subsection (e) access such data for Job Corps enrollees, (1) by striking subsection (b); the following: former enrollees, and graduates. (2) by striking: ‘‘(f) REDUCTION OF AMOUNTS AUTHORIZED TO ‘‘(f) TRANSPARENCY AND ACCOUNTABILITY.— ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; BE APPROPRIATED FOR LATE REPORTING.—If a ‘‘(1) REPORT.—The Secretary shall collect (3) by redesignating paragraphs (1), (2), and report required to be transmitted to Con- and annually submit to the Committee on (3) as subsections (a), (b), and (c) respec- gress under this section is not transmitted Education and the Workforce of the House of tively, and moving such subsections 2 ems to on or before the time period specified for Representatives and the Committee on the left, and conforming the casing style of that report, amounts authorized to be appro- Health, Education, Labor and Pensions of the headings of such subsections to the cas- priated under this title shall be reduced by 10 the Senate, and make available to the public ing style of the heading of subsection (d), as percent for the fiscal year that begins after by electronic means, a report containing— added by paragraph (7) of this section; the date on which the final report required ‘‘(A) information on the performance of (4) in subsection (a) (as so redesignated)— under this section is required to be trans- each Job Corps center, and the Job Corps (A) by inserting ‘‘the training of staff pro- mitted and reduced by an additional 10 per- program, on the performance indicators de- viding rapid response services and additional cent each subsequent fiscal year until each scribed in paragraphs (1) and (2) of sub- assistance, the training of other staff of re- such report is transmitted to Congress.’’; and section (c); cipients of funds under this title, assistance (6) by adding at the end, the following: ‘‘(B) a comparison of each Job Corps cen- regarding accounting and program operation ‘‘(h) PUBLIC AVAILABILITY.—The results of ter, by rank, on the performance indicators practices (when such assistance would not be the evaluations conducted under this section described in paragraphs (1) and (2) of sub- duplicative to assistance provided by the shall be made publicly available, including section (c); State), technical assistance to States that do by posting such results on the Department’s ‘‘(C) a comparison of each Job Corps cen- not meet State performance measures de- website.’’. ter, by rank, on the average performance of scribed in section 136,’’ after ‘‘localities,’’; CHAPTER 5—ADMINISTRATION all primary indicators described in para- and SEC. ll46. REQUIREMENTS AND RESTRICTIONS. graph (1) of subsection (c); (B) by striking ‘‘from carrying out activi- Section 181 (29 U.S.C. 2931) is amended— ‘‘(D) information on the performance of the ties’’ and all that follows up to the period (1) in subsection (b)(6), by striking ‘‘, in- service providers described in paragraphs (3) and inserting ‘‘to implement the amend- cluding representatives of businesses and of and (4) of subsection (c) on the performance ments made by the SKILLS Act’’; labor organizations,’’;

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1956 CONGRESSIONAL RECORD — SENATE April 1, 2014 (2) in subsection (c)(2)(A), in the matter SEC. ll48. FISCAL CONTROLS; SANCTIONS. (2) by striking ‘‘consistent with the terms preceding clause (i), by striking ‘‘shall’’ and Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is and conditions required under this title’’ and inserting ‘‘may’’; amended— inserting ‘‘consistent with State law and the (3) in subsection (e)— (1) by striking ‘‘(A)’’ and all that follows terms and conditions required under this (A) by striking ‘‘training for’’ and insert- through ‘‘Each’’ and inserting ‘‘Each’’; and title’’. (2) by striking subparagraph (B). ing ‘‘the entry into employment, retention SEC. ll52. GENERAL PROGRAM REQUIREMENTS. SEC. ll49. REPORTS TO CONGRESS. in employment, or increases in earnings of’’; Section 195 (29 U.S.C. 2945) is amended— Section 185 (29 U.S.C. 2935) is amended— and (1) in paragraph (7), by inserting at the end (1) in subsection (c)— (B) by striking ‘‘subtitle B’’ and inserting the following: ‘‘this Act’’; (A) in paragraph (2), by striking ‘‘and’’ after the semicolon; ‘‘(D) Funds received under a program by a (4) in subsection (f)(4), by striking public or private nonprofit entity that are ‘‘134(a)(3)(B)’’ and inserting ‘‘133(a)(4)’’; and (B) in paragraph (3), by striking the period and inserting ‘‘; and’’; and not described in subparagraph (B), such as (5) by adding at the end the following: funds privately raised from philanthropic ‘‘(g) SALARY AND BONUS LIMITATION.— (C) by adding at the end the following: ‘‘(4) shall have the option to submit or dis- foundations, businesses, or other private en- ‘‘(1) IN GENERAL.—No funds provided under tities, shall not be considered to be income this title shall be used by a recipient or sub- seminate electronically any reports, records, plans, or other data that are required to be under this title and shall not be subject to recipient of such funds to pay the salary and the requirements of this paragraph.’’; bonuses of an individual, either as direct collected or disseminated under this title.’’; and (2) by striking paragraph (9); costs or indirect costs, at a rate in excess of (3) by redesignating paragraphs (10) the rate prescribed in level II of the Execu- (2) in subsection (e)(2), by inserting ‘‘and the Secretary shall submit to the Committee through (13) as paragraphs (9) through (12), tive Schedule under section 5315 of title 5, respectively; and United States Code. on Education and the Workforce of the House of Representatives and the Committee (4) by adding at the end the following new ‘‘(2) VENDORS.—The limitation described in paragraphs: paragraph (1) shall not apply to vendors pro- on Health, Education, Labor, and Pensions of the Senate,’’ after ‘‘Secretary,’’. ‘‘(13) Funds provided under this title shall viding goods and services as defined in OMB not be used to establish or operate stand- Circular A–133. SEC. ll50. ADMINISTRATIVE PROVISIONS. Section 189 (29 U.S.C. 2939) is amended— alone fee-for-service enterprises that com- ‘‘(3) LOWER LIMIT.—In a case in which a pete with private sector employment agen- State is a recipient of such funds, the State (1) in subsection (g)— (A) by amending paragraph (1) to read as cies within the meaning of section 701(c) of may establish a lower limit than is provided the Civil Rights Act of 1964 (42 U.S.C. in paragraph (1) for salaries and bonuses of follows: ‘‘(1) IN GENERAL.—Appropriations for any 2000e(c)), except that for purposes of this those receiving salaries and bonuses from a paragraph, such an enterprise does not in- subrecipient of such funds, taking into ac- fiscal year for programs and activities carried out under this title shall be available for clude a one-stop center. count factors including the relative cost of ‘‘(14) Any report required to be submitted living in the State, the compensation levels obligation only on the basis of a program year. The program year shall begin on Octo- to Congress, or to a Committee of Congress, for comparable State or local government under this title shall be submitted to both employees, and the size of the organizations ber 1 in the fiscal year for which the appropriation is made.’’; and the chairmen and ranking minority members that administer the Federal programs in- of the Committee on Education and the volved. (B) in paragraph (2)— (i) in the first sentence, by striking ‘‘each Workforce of the House of Representatives ‘‘(h) GENERAL AUTHORITY.— State’’ and inserting ‘‘each recipient (except and the Committee on Health, Education, ‘‘(1) IN GENERAL.—The Employment and as otherwise provided in this paragraph)’’; Labor, and Pensions of the Senate.’’. Training Administration of the Department and of Labor (referred to in this Act as the ‘Ad- SEC. ll53. FEDERAL AGENCY STAFF AND RE- (ii) in the second sentence, by striking ‘‘171 STRICTIONS ON POLITICAL AND ministration’) shall administer all programs or’’; LOBBYING ACTIVITIES. authorized under title I and the Wagner- (2) in subsection (i)— Peyser Act (29 U.S.C. 49 et seq.). The Admin- Subtitle E of title I (29 U.S.C. 2931 et seq.) (A) by striking paragraphs (2) and (3); istration shall be headed by an Assistant is amended by adding at the end the fol- (B) by redesignating paragraph (4) as para- Secretary appointed by the President by and lowing new sections: graph (2); with the advice and consent of the Senate. ‘‘SEC. 196. FEDERAL AGENCY STAFF. (C) by amending paragraph (2)(A), as so re- Except for title II and the Rehabilitation Act ‘‘The Director of the Office of Management designated— and Budget shall— of 1973 (29 U.S.C. 701 et seq.), the Administra- (i) in clause (i), by striking ‘‘; and’’ and in- ‘‘(1) not later than 60 days after the date of tion shall be the principal agency, and the serting a period at the end; Assistant Secretary shall be the principal of- (ii) by striking ‘‘requirements of subpara- the enactment of the SKILLS Act— ficer, of such Department for carrying out graph (B)’’ and all that follows through ‘‘any ‘‘(A) identify the number of Federal gov- this Act. of the statutory or regulatory requirements ernment employees who, on the day before ‘‘(2) QUALIFICATIONS.—The Assistant Sec- of subtitle B’’ and inserting ‘‘requirements of the date of enactment of the SKILLS Act, retary shall be an individual with substan- subparagraph (B) or (D), any of the statutory worked on or administered each of the pro- tial experience in workforce development or regulatory requirements of subtitle B’’; grams and activities that were authorized and in workforce development management. and under this Act or were authorized under a The Assistant Secretary shall also, to the (iii) by striking clause (ii); and provision listed in section ll71 of the maximum extent possible, possess knowledge (D) by adding at the end the following: SKILLS Act; and and have worked in or with the State or ‘‘(D) EXPEDITED PROCESS FOR EXTENDING ‘‘(B) identify the number of full-time local workforce investment system or have APPROVED WAIVERS TO ADDITIONAL STATES.— equivalent employees who on the day before been a member of the business community. The Secretary may establish an expedited that date of enactment, worked on or admin- ‘‘(3) FUNCTIONS.—In the performance of the procedure for the purpose of extending to ad- istered each of the programs and activities functions of the office, the Assistant Sec- ditional States the waiver of statutory or described in subparagraph (A), on functions retary shall be directly responsible to the regulatory requirements that have been ap- for which the authorizing provision has been Secretary or the Deputy Secretary of Labor, proved for a State pursuant to a request repealed, or for which an amount has been as determined by the Secretary. The func- under subparagraph (B), in lieu of requiring consolidated (if such employee is in a dupli- tions of the Assistant Secretary shall not be the additional States to meet the require- cate position), on or after such date of enact- delegated to any officer not directly respon- ments of subparagraphs (B) and (C). Such ment; sible, both with respect to program oper- procedure shall ensure that the extension of ‘‘(2) not later than 90 after such date of en- ation and administration, to the Assistant such a waiver to additional States is accom- actment, publish the information described Secretary. Any reference in this Act to du- panied by appropriate conditions relating to in paragraph (1) on the Office of Management ties to be carried out by the Assistant Sec- the implementation of such waiver. and Budget website; and retary shall be considered to be a reference ‘‘(E) EXTERNAL CONDITIONS.—The Secretary ‘‘(3) not later than 1 year after such date of to duties to be carried out by the Secretary shall not require or impose new or additional enactment— acting through the Assistant Secretary.’’. requirements, that are not specified under ‘‘(A) reduce the workforce of the Federal SEC. ll47. PROMPT ALLOCATION OF FUNDS. this Act, on a State in exchange for pro- Government by the number of full-time Section 182 (29 U.S.C. 2932) is amended— viding a waiver to the State or a local area equivalent employees identified under para- (1) in subsection (c)— in the State under this paragraph.’’. graph (1)(B); and (A) by striking ‘‘127 or’’; and SEC. ll51. STATE LEGISLATIVE AUTHORITY. ‘‘(B) submit to Congress a report on how (B) by striking ‘‘, except that’’ and all that Section 191(a) (29 U.S.C. 2941(a)) is amend- the Director carried out the requirements of follows and inserting a period; and ed— subparagraph (A). (2) in subsection (e)— (1) by striking ‘‘consistent with the provi- ‘‘SEC. 197. RESTRICTIONS ON LOBBYING AND PO- (A) by striking ‘‘sections 128 and 133’’ and sions of this title’’ and inserting ‘‘consistent LITICAL ACTIVITIES. inserting ‘‘section 133’’; and with State law and the provisions of this ‘‘(a) LOBBYING RESTRICTIONS.— (B) by striking ‘‘127 or’’. title’’; and ‘‘(1) PUBLICITY RESTRICTIONS.—

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‘‘(A) IN GENERAL.—Subject to subparagraph forth in subparagraphs (C) through (N) of (4) by adding at the end the following: (B), no funds provided under this Act shall be paragraph (2). ‘‘(e) ADDITIONAL EMPLOYMENT AND TRAIN- used or proposed for use, for— ‘‘(2) ACTIVITIES AND PROGRAMS.—For pur- ING FUNDS.— ‘‘(i) publicity or propaganda purposes; or poses of paragraph (1), the term ‘activity or ‘‘(1) PURPOSE.—It is the purpose of this ‘‘(ii) the preparation, distribution, or use program’ means any 1 of the following 14 ac- subsection to reduce inefficiencies in the ad- of any kit, pamphlet, booklet, publication, tivities or programs: ministration of federally funded State and electronic communication, radio, television, ‘‘(A) Activities and programs authorized local employment and training programs. or video presentation designed to support or under title I. ‘‘(2) IN GENERAL.—In developing a State defeat the enactment of legislation before ‘‘(B) Activities and programs authorized unified plan for the activities or programs the Congress or any State or local legisla- under title II. described in subsection (b)(2), and subject to ture or legislative body. ‘‘(C) Programs authorized under title I of paragraph (4) and to the State plan approval ‘‘(B) EXCEPTION.—Subparagraph (A) shall the Rehabilitation Act of 1973 (29 U.S.C. 710 process under subsection (d), a State may not apply to— et seq.). propose to consolidate the amount, in whole ‘‘(i) normal and recognized executive-legis- ‘‘(D) Secondary career and technical edu- or part, provided for the activities or pro- lative relationships; cation programs authorized under the Carl grams covered by the plan into the Work- ‘‘(ii) the preparation, distribution, or use D. Perkins Career and Technical Education force Investment Fund under section 132(b) of the materials described in subparagraph Act of 2006 (20 U.S.C. 2301 et seq.). to improve the administration of State and (A)(ii) in presentation to the Congress or any ‘‘(E) Postsecondary career and technical local employment and training programs. State or local legislature or legislative body education programs authorized under the ‘‘(3) REQUIREMENTS.—A State that has a (except that this subparagraph does not Carl D. Perkins Career and Technical Edu- State unified plan approved under subsection apply with respect to such preparation, dis- cation Act of 2006. (d) with a proposal for consolidation under tribution, or use in presentation to the exec- ‘‘(F) Activities and programs authorized paragraph (2), and that is carrying out such utive branch of any State or local govern- under title II of the Trade Act of 1974 (19 consolidation, shall— ment); or U.S.C. 2251 et seq.). ‘‘(A) in providing an activity or program ‘‘(iii) such preparation, distribution, or use ‘‘(G) Programs and activities authorized for which an amount is consolidated into the of such materials, that are designed to sup- under the Act of August 16, 1937 (commonly Workforce Investment Fund— port or defeat any proposed or pending regu- known as the ‘National Apprenticeship Act’; ‘‘(i) continue to meet the program require- lation, administrative action, or order issued 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). ments, limitations, and prohibitions of any by the executive branch of any State or local ‘‘(H) Programs authorized under the Com- Federal statute authorizing the activity or government. munity Services Block Grant Act (42 U.S.C. program; and 9901 et seq.). ‘‘(2) SALARY PAYMENT RESTRICTION.—No ‘‘(ii) meet the intent and purpose for the funds provided under this Act shall be used, ‘‘(I) Programs authorized under part A of activity or program; and or proposed for use, to pay the salary or ex- title IV of the Social Security Act (42 U.S.C. ‘‘(B) continue to make reservations and al- penses of any grant or contract recipient, or 601 et seq.). lotments under subsections (a) and (b) of sec- agent acting for such recipient, related to ‘‘(J) Programs authorized under State un- tion 133. any activity designed to influence the enact- employment compensation laws (in accord- ‘‘(4) EXCEPTIONS.—A State may not con- ance with applicable Federal law). ment or issuance of legislation, appropria- solidate an amount under paragraph (2) that ‘‘(K) Work programs authorized under sections, regulations, administrative action, or is allocated to the State under— tion 6(o) of the Food and Nutrition Act of an Executive order proposed or pending be- ‘‘(A) the Carl D. Perkins Career and Tech- 1977 (7 U.S.C. 2015(o)). fore the Congress or any State government, nical Education Act of 2006 (20 U.S.C. 2301 et ‘‘(L) Activities and programs authorized or a State or local legislature or legislative seq.); or under title I of the Housing and Community body, other than for normal and recognized ‘‘(B) title I of the Rehabilitation Act of Development Act of 1974 (42 U.S.C. 5301 et executive-legislative relationships or par- 1973 (29 U.S.C. 710 et seq.).’’. seq.). ticipation by an agency or officer of a State, Subtitle B—Adult Education and Family ‘‘(M) Activities and programs authorized local, or tribal government in policymaking Literacy Education under the Public Works and Economic Devel- and administrative processes within the ex- opment Act of 1965 (42 U.S.C. 3121 et seq.). SEC. ll61. AMENDMENT. ecutive branch of that government. ‘‘(N) Activities authorized under chapter 41 Title II (20 U.S.C. 9201 et seq.) is amended ‘‘(b) POLITICAL RESTRICTIONS.— of title 38, United States Code.’’; to read as follows: ‘‘(1) IN GENERAL.—No funds received by a (3) by amending subsection (d) to read as ‘‘TITLE II—ADULT EDUCATION AND participant of a program or activity under follows: FAMILY LITERACY EDUCATION this Act shall be used for— ‘‘(d) APPROVAL.— ‘‘SEC. 201. SHORT TITLE. ‘‘(A) any partisan or nonpartisan political ‘‘(1) JURISDICTION.—In approving a State ‘‘This title may be cited as the ‘Adult Edu- activity or any other political activity asso- unified plan under this section, the Sec- cation and Family Literacy Education Act’. ciated with a candidate, or contending fac- retary shall— ‘‘SEC. 202. PURPOSE. tion or group, in an election for public or ‘‘(A) submit the portion of the State uni- ‘‘It is the purpose of this title to provide party office; or fied plan covering an activity or program de- instructional opportunities for adults seek- ‘‘(B) any activity to provide voters with scribed in subsection (b)(2) to the head of the ing to improve their literacy skills, includ- transportation to the polls or similar assist- Federal agency who exercises administrative ing their basic reading, writing, speaking, ance in connection with any such election. authority over the activity or program for and mathematics skills, and support States ‘‘(2) RESTRICTION ON VOTER REGISTRATION the approval of such portion by such Federal and local communities in providing, on a ACTIVITIES.—No funds under this Act shall be agency head; or voluntary basis, adult education and family used to conduct voter registration activities. ‘‘(B) coordinate approval of the portion of literacy education programs, in order to— ‘‘(3) DEFINITION.—For the purposes of this the State unified plan covering an activity ‘‘(1) increase the literacy of adults, includ- subsection, the term ‘participant’ includes or program described in subsection (b)(2) ing the basic reading, writing, speaking, and any State, local area, or government, non- with the head of the Federal agency who ex- mathematics skills, to a level of proficiency profit, or for-profit entity receiving funds ercises administrative authority over the ac- necessary for adults to obtain employment under this Act.’’. tivity or program. and self-sufficiency and to successfully ad- CHAPTER 6—STATE UNIFIED PLAN ‘‘(2) TIMELINE.—A State unified plan shall vance in the workforce; SEC. ll56. STATE UNIFIED PLAN. be considered to be approved by the Sec- ‘‘(2) assist adults in the completion of a Section 501 (20 U.S.C. 9271) is amended— retary at the end of the 90-day period begin- secondary school education (or its equiva- (1) by amending subsection (a) to read as ning on the day the Secretary receives the lent) and the transition to a postsecondary follows: plan, unless the Secretary makes a written educational institution; ‘‘(a) GENERAL AUTHORITY.—The Secretary determination, during the 90-day period, that ‘‘(3) assist adults who are parents to enable shall receive and approve State unified plans details how the plan is not consistent with them to support the educational develop- developed and submitted in accordance with the requirements of the Federal statute au- ment of their children and make informed this section.’’; thorizing an activity or program described in choices regarding their children’s education (2) by amending subsection (b) to read as subsection (b)(2) and covered under the plan including, through instruction in basic read- follows: or how the plan is not consistent with the re- ing, writing, speaking, and mathematics ‘‘(b) STATE UNIFIED PLAN.— quirements of subsection (c)(3). skills; and ‘‘(1) IN GENERAL.—A State may develop and ‘‘(3) SCOPE OF PORTION.—For purposes of ‘‘(4) assist adults who are not proficient in submit to the Secretary a State unified plan paragraph (1), the portion of the State uni- English in improving their reading, writing, for 2 or more of the activities or programs fied plan covering an activity or program speaking, listening, comprehension, and set forth in paragraph (2). The State unified shall be considered to include the plan de- mathematics skills. plan shall cover one or more of the activities scribed in subsection (c)(3) and any proposal ‘‘SEC. 203. DEFINITIONS. or programs set forth in subparagraphs (A) described in subsection (e)(2), as that part ‘‘In this title: and (B) of paragraph (2) and shall cover one and proposal relate to the activity or pro- ‘‘(1) ADULT EDUCATION AND FAMILY LIT- or more of the activities or programs set gram.’’; and ERACY EDUCATION PROGRAMS.—The term

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1958 CONGRESSIONAL RECORD — SENATE April 1, 2014 ‘adult education and family literacy edu- ‘‘(ii) training for parents regarding how to workforce through the improvement of read- cation programs’ means a sequence of aca- be the primary teacher for their children and ing, writing, speaking, and mathematics demic instruction and educational services full partners in the education of their chil- skills. below the postsecondary level that increase dren; ‘‘SEC. 204. HOME SCHOOLS. an individual’s ability to read, write, and ‘‘(iii) parent literacy training that leads to ‘‘Nothing in this title shall be construed to speak English and perform mathematical economic self-sufficiency; and affect home schools, whether or not a home computations leading to a level of pro- ‘‘(iv) an age-appropriate education to pre- school is treated as a home school or a pri- ficiency equivalent to at least a secondary pare children for success in school and life vate school under State law, or to compel a school completion that is provided for indi- experiences. parent engaged in home schooling to partici- viduals— ‘‘(6) GOVERNOR.—The term ‘Governor’ pate in adult education and family literacy ‘‘(A) who are at least 16 years of age; means the chief executive officer of a State education activities under this title. ‘‘(B) who are not enrolled or required to be or outlying area. ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. enrolled in secondary school under State ‘‘(7) INDIVIDUAL WITH A DISABILITY.— ‘‘There are authorized to be appropriated law; and ‘‘(A) IN GENERAL.—The term ‘individual to carry out this title, $606,294,933 for fiscal ‘‘(C) who— with a disability’ means an individual with year 2015 and for each of the 6 succeeding fis- ‘‘(i) lack sufficient mastery of basic read- any disability (as defined in section 3 of the cal years. ing, writing, speaking, and mathematics Americans with Disabilities Act of 1990). skills to enable the individuals to function ‘‘(B) INDIVIDUALS WITH DISABILITIES.—The ‘‘Subtitle A—Federal Provisions effectively in society; term ‘individuals with disabilities’ means ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ‘‘(ii) do not have a secondary school di- more than one individual with a disability. ELIGIBLE AGENCIES; ALLOTMENTS. ploma or its equivalent and have not ‘‘(8) ENGLISH LEARNER.—The term ‘English ‘‘(a) RESERVATION OF FUNDS.—From the achieved an equivalent level of education; or learner’ means an adult or out-of-school sums appropriated under section 205 for a fis- ‘‘(iii) are English learners. youth who has limited ability in reading, cal year, the Secretary shall reserve 2.0 per- ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible writing, speaking, or understanding the cent to carry out section 242. agency’— English language, and— ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— ‘‘(A) means the primary entity or agency ‘‘(A) whose native language is a language ‘‘(1) IN GENERAL.—From the sums appro- in a State or an outlying area responsible for other than English; or priated under section 205 and not reserved administering or supervising policy for adult ‘‘(B) who lives in a family or community under subsection (a) for a fiscal year, the education and family literacy education pro- environment where a language other than Secretary shall award a grant to each eligi- grams in the State or outlying area, respec- English is the dominant language. ble agency having a State plan approved tively, consistent with the law of the State ‘‘(9) INTEGRATED EDUCATION AND TRAIN- under section 224 in an amount equal to the or outlying area, respectively; and ING.—The term ‘integrated education and sum of the initial allotment under sub- ‘‘(B) may be the State educational agency, training’ means services that provide adult section (c)(1) and the additional allotment the State agency responsible for admin- education and literacy activities contex- under subsection (c)(2) for the eligible agen- istering workforce investment activities, or tually and concurrently with workforce cy for the fiscal year, subject to subsections the State agency responsible for admin- preparation activities and workforce train- (f) and (g). istering community or technical colleges. ing for a specific occupation or occupational ‘‘(2) PURPOSE OF GRANTS.—The Secretary ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligi- cluster. Such services may include offering may award a grant under paragraph (1) only ble provider’ means an organization of dem- adult education services concurrent with if the eligible agency involved agrees to ex- onstrated effectiveness that is— postsecondary education and training, in- pend the grant in accordance with the provi- ‘‘(A) a local educational agency; cluding through co-instruction. sions of this title. ‘‘(B) a community-based or faith-based or- ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— ‘‘(c) ALLOTMENTS.— ganization; The term ‘institution of higher education’ ‘‘(1) INITIAL ALLOTMENTS.—From the sums ‘‘(C) a volunteer literacy organization; has the meaning given the term in section appropriated under section 205 and not re- ‘‘(D) an institution of higher education; 101 of the Higher Education Act of 1965. served under subsection (a) for a fiscal year, ‘‘(E) a public or private educational agen- ‘‘(11) LITERACY.—The term ‘literacy’ means the Secretary shall allot to each eligible cy; an individual’s ability to read, write, and agency having a State plan approved under ‘‘(F) a library; speak in English, compute, and solve prob- section 224— ‘‘(G) a public housing authority; lems at a level of proficiency necessary to ‘‘(A) $100,000, in the case of an eligible ‘‘(H) an institution that is not described in obtain employment and to successfully make agency serving an outlying area; and any of subparagraphs (A) through (G) and the transition to postsecondary education. ‘‘(B) $250,000, in the case of any other eligi- has the ability to provide adult education, ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The ble agency. basic skills, and family literacy education term ‘local educational agency’ has the ‘‘(2) ADDITIONAL ALLOTMENTS.—From the programs to adults and families; or meaning given the term in section 9101 of the sums appropriated under section 205, not re- ‘‘(I) a consortium of the agencies, organiza- Elementary and Secondary Education Act of served under subsection (a), and not allotted tions, institutions, libraries, or authorities 1965. under paragraph (1), for a fiscal year, the described in any of subparagraphs (A) ‘‘(13) OUTLYING AREA.—The term ‘outlying Secretary shall allot to each eligible agency through (H). area’ has the meaning given the term in sec- that receives an initial allotment under ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO- tion 101 of this Act. paragraph (1) an additional amount that GRAM.—The term ‘English language acquisi- ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU- bears the same relationship to such sums as tion program’ means a program of instruc- TION.—The term ‘postsecondary educational the number of qualifying adults in the State tion— institution’ means— or outlying area served by the eligible agen- ‘‘(A) designed to help English learners ‘‘(A) an institution of higher education cy bears to the number of such adults in all achieve competence in reading, writing, that provides not less than a 2-year program States and outlying areas. speaking, and comprehension of the English of instruction that is acceptable for credit ‘‘(d) QUALIFYING ADULT.—For the purpose language; and toward a bachelor’s degree; of subsection (c)(2), the term ‘qualifying ‘‘(B) that may lead to— ‘‘(B) a tribally controlled community col- adult’ means an adult who— ‘‘(i) attainment of a secondary school di- lege; or ‘‘(1) is at least 16 years of age; ploma or its recognized equivalent; ‘‘(C) a nonprofit educational institution of- ‘‘(2) is beyond the age of compulsory school ‘‘(ii) transition to success in postsecondary fering certificate or apprenticeship programs attendance under the law of the State or education and training; and at the postsecondary level. outlying area; ‘‘(iii) employment or career advancement. ‘‘(15) SECRETARY.—The term ‘Secretary’ ‘‘(3) does not have a secondary school di- ‘‘(5) FAMILY LITERACY EDUCATION PRO- means the Secretary of Education. ploma or its recognized equivalent; and GRAM.—The term ‘family literacy education ‘‘(16) STATE.—The term ‘State’ means each ‘‘(4) is not enrolled in secondary school. program’ means an educational program of the several States of the United States, ‘‘(e) SPECIAL RULE.— that— the District of Columbia, and the Common- ‘‘(1) IN GENERAL.—From amounts made ‘‘(A) assists parents and students, on a vol- wealth of Puerto Rico. available under subsection (c) for the Repub- untary basis, in achieving the purpose of this ‘‘(17) STATE EDUCATIONAL AGENCY.—The lic of Palau, the Secretary shall award title as described in section 202; and term ‘State educational agency’ has the grants to Guam, American Samoa, the Com- ‘‘(B) is of sufficient intensity in terms of meaning given the term in section 9101 of the monwealth of the Northern Mariana Islands, hours and of sufficient quality to make sus- Elementary and Secondary Education Act of or the Republic of Palau to carry out activi- tainable changes in a family, is evidence- 1965. ties described in this title in accordance with based, and, for the purpose of substantially ‘‘(18) WORKPLACE LITERACY PROGRAM.—The the provisions of this title as determined by increasing the ability of parents and children term ‘workplace literacy program’ means an the Secretary. to read, write, and speak English, inte- educational program that is offered in col- ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith- grates— laboration between eligible providers and standing any other provision of law, the Re- ‘‘(i) interactive literacy activities between employers or employee organizations for the public of Palau shall be eligible to receive a parents and their children; purpose of improving the productivity of the grant under this title until an agreement for

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1959 the extension of United States education as- ‘‘(A) in the case of an eligible agency serv- in order to maximize the impact of the ac- sistance under the Compact of Free Associa- ing an outlying area, 12 percent of the total tivities described in subsection (a). tion for the Republic of Palau becomes effec- amount of funds expended for adult edu- ‘‘(c) STATE-IMPOSED REQUIREMENTS.— tive. cation and family literacy education pro- Whenever a State or outlying area imple- ‘‘(f) HOLD-HARMLESS PROVISIONS.— grams in the outlying area, except that the ments any rule or policy relating to the ad- ‘‘(1) IN GENERAL.—Notwithstanding sub- Secretary may decrease the amount of funds ministration or operation of a program au- section (c) and subject to paragraph (2), for— required under this subparagraph for an eli- thorized under this title that has the effect ‘‘(A) fiscal year 2015, no eligible agency gible agency; and of imposing a requirement that is not im- shall receive an allotment under this title ‘‘(B) in the case of an eligible agency serv- posed under Federal law (including any rule that is less than 90 percent of the allotment ing a State, 25 percent of the total amount of or policy based on a State or outlying area the eligible agency received for fiscal year funds expended for adult education and fam- interpretation of a Federal statute, regula- 2012 under this title; and ily literacy education programs in the State. tion, or guideline), the State or outlying ‘‘(B) fiscal year 2016 and each succeeding ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi- area shall identify, to eligible providers, the fiscal year, no eligible agency shall receive ble agency’s non-Federal contribution re- rule or policy as being imposed by the State an allotment under this title that is less quired under paragraph (1) may be provided or outlying area. than 90 percent of the allotment the eligible in cash or in kind, fairly evaluated, and shall ‘‘SEC. 224. STATE PLAN. agency received for the preceding fiscal year include only non-Federal funds that are used ‘‘(a) 3-YEAR PLANS.— under this title. for adult education and family literacy edu- ‘‘(1) IN GENERAL.—Each eligible agency de- ‘‘(2) RATABLE REDUCTION.—If, for any fiscal cation programs in a manner that is con- siring a grant under this title for any fiscal year the amount available for allotment sistent with the purpose of this title. year shall submit to, or have on file with, under this title is insufficient to satisfy the ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. the Secretary a 3-year State plan. provisions of paragraph (1), the Secretary ‘‘(a) IN GENERAL.—Each eligible agency ‘‘(2) STATE UNIFIED PLAN.—The eligible shall ratable reduce the payments to all eli- may use funds made available under section agency may submit the State plan as part of gible agencies, as necessary. 222(a)(2) for any of the following adult edu- a State unified plan described in section 501. ‘‘(g) REALLOTMENT.—The portion of any el- cation and family literacy education pro- ‘‘(b) PLAN CONTENTS.—The eligible agency igible agency’s allotment under this title for grams: shall include in the State plan or any revi- a fiscal year that the Secretary determines ‘‘(1) The establishment or operation of pro- sions to the State plan— will not be required for the period such allot- fessional development programs to improve ‘‘(1) an objective assessment of the needs of ment is available for carrying out activities the quality of instruction provided pursuant individuals in the State or outlying area for under this title, shall be available for real- to local activities required under section adult education and family literacy edu- lotment from time to time, on such dates 231(b). cation programs, including individuals most during such period as the Secretary shall fix, ‘‘(2) The provision of technical assistance in need or hardest to serve; to other eligible agencies in proportion to to eligible providers of adult education and ‘‘(2) a description of the adult education the original allotments to such agencies family literacy education programs, includ- and family literacy education programs that under this title for such year. ing for the development and dissemination of will be carried out with funds received under ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYS- evidence based research instructional prac- this title; TEM. tices in reading, writing, speaking, mathe- ‘‘(3) an assurance that the funds received ‘‘Programs and activities authorized under matics, and English language acquisition under this title will not be expended for any this title are subject to the performance ac- programs. purpose other than for activities under this countability provisions described in para- ‘‘(3) The provision of assistance to eligible title; graphs (2)(A) and (3) of section 136(b) and providers in developing, implementing, and ‘‘(4) a description of how the eligible agen- may, at a State’s discretion, include addi- reporting measurable progress in achieving cy will annually evaluate and measure the tional indicators identified in the State plan the objectives of this title. effectiveness and improvement of the adult approved under section 224. ‘‘(4) The monitoring and evaluation of the education and family literacy education pro- ‘‘Subtitle B—State Provisions quality of, and the improvement in, adult grams funded under this title using the indi- ‘‘SEC. 221. STATE ADMINISTRATION. education and literacy activities. cators of performance described in section ‘‘Each eligible agency shall be responsible ‘‘(5) The provision of technology assist- 136, including how the eligible agency will for the following activities under this title: ance, including staff training, to eligible pro- conduct such annual evaluations and meas- ‘‘(1) The development, submission, imple- viders of adult education and family literacy ures for each grant received under this title; mentation, and monitoring of the State plan. education programs, including distance edu- ‘‘(5) a description of how the eligible agen- ‘‘(2) Consultation with other appropriate cation activities, to enable the eligible pro- cy will fund local activities in accordance agencies, groups, and individuals that are in- viders to improve the quality of such activi- with the measurable goals described in sec- volved in, or interested in, the development ties. tion 231(d); and implementation of activities assisted ‘‘(6) The development and implementation ‘‘(6) an assurance that the eligible agency under this title. of technology applications or distance edu- will expend the funds under this title only in ‘‘(3) Coordination and avoidance of duplica- cation, including professional development a manner consistent with fiscal require- tion with other Federal and State education, to support the use of instructional tech- ments in section 241; training, corrections, public housing, and so- nology. ‘‘(7) a description of the process that will cial service programs. ‘‘(7) Coordination with other public pro- be used for public participation and com- ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; grams, including programs under title I of ment with respect to the State plan, which— MATCHING REQUIREMENT. this Act, and other welfare-to-work, work- ‘‘(A) shall include consultation with the ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each force development, and job training pro- State workforce investment board, the State eligible agency receiving a grant under this grams. board responsible for administering commu- title for a fiscal year— ‘‘(8) Coordination with existing support nity or technical colleges, the Governor, the ‘‘(1) shall use not less than 82.5 percent of services, such as transportation, child care, State educational agency, the State board or the grant funds to award grants and con- and other assistance designed to increase agency responsible for administering block tracts under section 231 and to carry out sec- rates of enrollment in, and successful com- grants for temporary assistance to needy tion 225, of which not more than 10 percent of pletion of, adult education and family lit- families under title IV of the Social Security such amount shall be available to carry out eracy education programs, for adults en- Act, the State council on disabilities, the section 225; rolled in such activities. State vocational rehabilitation agency, and ‘‘(2) shall use not more than 12.5 percent of ‘‘(9) The development and implementation other State agencies that promote the im- the grant funds to carry out State leadership of a system to assist in the transition from provement of adult education and family lit- activities under section 223; and adult basic education to postsecondary edu- eracy education programs, and direct pro- ‘‘(3) shall use not more than 5 percent of cation. viders of such programs; and the grant funds, or $65,000, whichever is ‘‘(10) Activities to promote workplace lit- ‘‘(B) may include consultation with the greater, for the administrative expenses of eracy programs. State agency on higher education, institu- the eligible agency. ‘‘(11) Other activities of statewide signifi- tions responsible for professional develop- ‘‘(b) MATCHING REQUIREMENT.— cance, including assisting eligible providers ment of adult education and family literacy ‘‘(1) IN GENERAL.—In order to receive a in achieving progress in improving the skill education programs instructors, representa- grant from the Secretary under section levels of adults who participate in programs tives of business and industry, refugee assist- 211(b), each eligible agency shall provide, for under this title. ance programs, and faith-based organiza- the costs to be incurred by the eligible agen- ‘‘(12) Integration of literacy, instructional, tions; cy in carrying out the adult education and and occupational skill training and pro- ‘‘(8) a description of the eligible agency’s family literacy education programs for motion of linkages with employees. strategies for serving populations that in- which the grant is awarded, a non-Federal ‘‘(b) COORDINATION.—In carrying out this clude, at a minimum— contribution in an amount that is not less section, eligible agencies shall coordinate ‘‘(A) low-income individuals; than— where possible, and avoid duplicating efforts, ‘‘(B) individuals with disabilities;

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1960 CONGRESSIONAL RECORD — SENATE April 1, 2014 ‘‘(C) the unemployed; in correctional institutions and for other in- uals with disabilities and individuals who are ‘‘(D) the underemployed; and stitutionalized individuals, including aca- low-income or have minimal reading, writ- ‘‘(E) individuals with multiple barriers to demic programs for— ing, speaking, and mathematics skills, or are educational enhancement, including English ‘‘(1) basic skills education; English learners; learners; ‘‘(2) special education programs as deter- ‘‘(4) the program is of sufficient intensity ‘‘(9) a description of how the adult edu- mined by the eligible agency; and quality for participants to achieve sub- cation and family literacy education pro- ‘‘(3) reading, writing, speaking, and mathe- stantial learning gains; grams that will be carried out with any matics programs; ‘‘(5) educational practices are evidence- funds received under this title will be inte- ‘‘(4) secondary school credit or diploma based; grated with other adult education, career de- programs or their recognized equivalent; and ‘‘(6) the activities of the eligible provider velopment, and employment and training ac- ‘‘(5) integrated education and training. effectively employ advances in technology, tivities in the State or outlying area served ‘‘(c) PRIORITY.—Each eligible agency that and delivery systems including distance edu- by the eligible agency; is using assistance provided under this sec- cation; ‘‘(10) a description of the steps the eligible tion to carry out a program for criminal of- ‘‘(7) the activities provide instruction in agency will take to ensure direct and equi- fenders within a correctional institution real-life contexts, including integrated edu- table access, as required in section 231(c)(1), shall give priority to serving individuals who cation and training when appropriate, to en- including— are likely to leave the correctional institu- sure that an individual has the skills needed ‘‘(A) how the State will build the capacity tion within 5 years of participation in the to compete in the workplace and exercise the of community-based and faith-based organi- program. rights and responsibilities of citizenship; zations to provide adult education and fam- ‘‘(d) DEFINITIONS.—In this section: ‘‘(8) the activities are staffed by well- ily literacy education programs; and ‘‘(1) CORRECTIONAL INSTITUTION.—The term trained instructors, counselors, and adminis- ‘‘(B) how the State will increase the par- ‘correctional institution’ means any— trators who meet minimum qualifications ticipation of business and industry in adult ‘‘(A) prison; established by the State; education and family literacy education pro- ‘‘(B) jail; ‘‘(9) the activities are coordinated with grams; ‘‘(C) reformatory; other available resources in the community, ‘‘(11) an assessment of the adequacy of the ‘‘(D) work farm; such as through strong links with elemen- system of the State or outlying area to en- ‘‘(E) detention center; or tary schools and secondary schools, postsec- sure teacher quality and a description of how ‘‘(F) halfway house, community-based re- ondary educational institutions, local work- the State or outlying area will use funds rehabilitation center, or any other similar in- force investment boards, one-stop centers, ceived under this subtitle to improve teacher stitution designed for the confinement or re- job training programs, community-based and quality, including evidence-based profes- habilitation of criminal offenders. faith-based organizations, and social service sional development to improve instruction; ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi- agencies; and nal offender’ means any individual who is ‘‘(10) the activities offer flexible schedules ‘‘(12) a description of how the eligible agen- charged with, or convicted of, any criminal and support services (such as child care and cy will consult with any State agency re- offense. transportation) that are necessary to enable sponsible for postsecondary education to de- individuals, including individuals with dis- ‘‘Subtitle C—Local Provisions abilities or other special needs, to attend and velop adult education that prepares students ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGI- complete programs; to enter postsecondary education without BLE PROVIDERS. ‘‘(11) the activities include a high-quality the need for remediation upon completion of ‘‘(a) GRANTS AND CONTRACTS.—From grant information management system that has secondary school equivalency programs. funds made available under section 222(a)(1), the capacity to report measurable partici- ‘‘(c) PLAN REVISIONS.—When changes in each eligible agency shall award multi-year conditions or other factors require substan- pant outcomes (consistent with section 136) grants or contracts, on a competitive basis, tial revisions to an approved State plan, the and to monitor program performance; to eligible providers within the State or out- eligible agency shall submit the revisions of ‘‘(12) the local communities have a dem- lying area that meet the conditions and re- the State plan to the Secretary. onstrated need for additional English lan- quirements of this title to enable the eligible ‘‘(d) CONSULTATION.—The eligible agency guage acquisition programs, and integrated shall— providers to develop, implement, and im- education and training programs; ‘‘(1) submit the State plan, and any revi- prove adult education and family literacy ‘‘(13) the capacity of the eligible provider sions to the State plan, to the Governor, the education programs within the State. to produce valid information on performance OCAL ACTIVITIES.—The eligible agen- chief State school officer, or the State offi- ‘‘(b) L results, including enrollments and measur- cy shall require eligible providers receiving a cer responsible for administering community able participant outcomes; grant or contract under subsection (a) to es- or technical colleges, or outlying area for re- ‘‘(14) adult education and family literacy tablish or operate— view and comment; and education programs offer rigorous reading, ‘‘(1) programs that provide adult education ‘‘(2) ensure that any comments regarding writing, speaking, and mathematics content and literacy activities; the State plan by the Governor, the chief that are evidence based; and ‘‘(2) programs that provide integrated edu- State school officer, or the State officer re- ‘‘(15) applications of technology, and serv- cation and training activities; or sponsible for administering community or ices to be provided by the eligible providers, ‘‘(3) credit-bearing postsecondary technical colleges, and any revision to the are of sufficient intensity and duration to in- coursework. State plan, are submitted to the Secretary. crease the amount and quality of learning IRECT AND QUITABLE CCESS AME ‘‘(e) PLAN APPROVAL.—The Secretary ‘‘(c) D E A ; S and lead to measurable learning gains within shall— PROCESS.—Each eligible agency receiving specified time periods. ‘‘(1) approve a State plan within 90 days funds under this title shall ensure that— ‘‘(e) SPECIAL RULE.—Eligible providers may after receiving the plan unless the Secretary ‘‘(1) all eligible providers have direct and use grant funds under this title to serve chil- makes a written determination within 30 equitable access to apply for grants or con- dren participating in family literacy pro- days after receiving the plan that the plan tracts under this section; and grams assisted under this part, provided that does not meet the requirements of this sec- ‘‘(2) the same grant or contract announce- other sources of funds available to provide tion or is inconsistent with specific provi- ment process and application process is used similar services for such children are used sions of this subtitle; and for all eligible providers in the State or out- first. ‘‘(2) not finally disapprove of a State plan lying area. ‘‘SEC. 232. LOCAL APPLICATION. before offering the eligible agency the oppor- ‘‘(d) MEASURABLE GOALS.—The eligible ‘‘Each eligible provider desiring a grant or tunity, prior to the expiration of the 30-day agency shall require eligible providers re- contract under this title shall submit an ap- period beginning on the date on which the el- ceiving a grant or contract under subsection plication to the eligible agency containing igible agency received the written deter- (a) to demonstrate— such information and assurances as the eligi- mination described in paragraph (1), to re- ‘‘(1) the eligible provider’s measurable ble agency may require, including— view the plan and providing technical assist- goals for participant outcomes to be ‘‘(1) a description of how funds awarded ance in order to assist the eligible agency in achieved annually on the core indicators of under this title will be spent consistent with meeting the requirements of this subtitle. performance described in section 136(b)(2)(A); the requirements of this title; ‘‘(2) the past effectiveness of the eligible ‘‘(2) a description of any cooperative ar- ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDU- CATION AND OTHER INSTITU- provider in improving the basic academic rangements the eligible provider has with TIONALIZED INDIVIDUALS. skills of adults and, for eligible providers re- other agencies, institutions, or organizations ‘‘(a) PROGRAM AUTHORIZED.—From funds ceiving grants in the prior year, the success for the delivery of adult education and fam- made available under section 222(a)(1) for a of the eligible provider receiving funding ily literacy education programs; and fiscal year, each eligible agency shall carry under this title in exceeding its performance ‘‘(3) each of the demonstrations required out corrections education and education for goals in the prior year; by section 231(d). other institutionalized individuals. ‘‘(3) the commitment of the eligible pro- ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. ‘‘(b) USES OF FUNDS.—The funds described vider to serve individuals in the community ‘‘(a) IN GENERAL.—Subject to subsection in subsection (a) shall be used for the cost of who are the most in need of basic academic (b), of the amount that is made available educational programs for criminal offenders skills instruction services, including individ- under this title to an eligible provider—

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‘‘(1) at least 95 percent shall be expended ‘‘(1) IN GENERAL.—The Secretary of Labor ‘‘(ii) disclose to the public any publication for carrying out adult education and family (referred to in this section as the ‘Sec- or media transmittal of the data contained literacy education programs; and retary’), in accordance with the provisions of in the submission described in clause (i) that ‘‘(2) the remaining amount shall be used this section, shall oversee the development, permits information concerning an indi- for planning, administration, personnel and maintenance, and continuous improvement vidual subject to be reasonably inferred by professional development, development of of a nationwide workforce and labor market either direct or indirect means; or measurable goals in reading, writing, speak- information system that includes— ‘‘(iii) permit anyone other than a sworn of- ing, and mathematics, and interagency co- ‘‘(A) statistical data from cooperative sta- ficer, employee, or agent of any Federal de- ordination. tistical survey and projection programs and partment or agency, or a contractor (includ- ‘‘(b) SPECIAL RULE.—In cases where the data from administrative reporting systems ing an employee of a contractor) of such de- cost limits described in subsection (a) are that, taken together, enumerate, estimate, partment or agency, to examine an indi- too restrictive to allow for adequate plan- and project employment opportunities and vidual submission described in clause (i), ning, administration, personnel develop- conditions at national, State, and local lev- without the consent of the individual, agen- ment, and interagency coordination, the eli- els in a timely manner, including statistics gible provider may negotiate with the eligi- cy, or other person who is the subject of the on— ble agency in order to determine an adequate submission or provides that submission. level of funds to be used for noninstructional ‘‘(i) employment and unemployment status ‘‘(B) IMMUNITY FROM LEGAL PROCESS.—Any purposes. of national, State, and local populations, in- submission (including any data derived from cluding self-employed, part-time, and sea- the submission) that is collected and re- ‘‘Subtitle D—General Provisions sonal workers; tained by a Federal department or agency, or ‘‘SEC. 241. ADMINISTRATIVE PROVISIONS. ‘‘(ii) industrial distribution of occupations, an officer, employee, agent, or contractor of ‘‘Funds made available for adult education as well as current and projected employment such a department or agency, for exclusively and family literacy education programs opportunities, wages, benefits (where data is statistical purposes under this section shall under this title shall supplement and not available), and skill trends by occupation be immune from the legal process and shall supplant other State or local public funds ex- and industry, with particular attention paid not, without the consent of the individual, pended for adult education and family lit- to State and local conditions; agency, or other person who is the subject of eracy education programs. ‘‘(iii) the incidence of, industrial and geo- the submission or provides that submission, ‘‘SEC. 242. NATIONAL ACTIVITIES. graphical location of, and number of workers be admitted as evidence or used for any pur- ‘‘The Secretary shall establish and carry displaced by, permanent layoffs and plant pose in any action, suit, or other judicial or out a program of national activities that closings; and administrative proceeding. may include the following: ‘‘(iv) employment and earnings informa- ‘‘(C) RULE OF CONSTRUCTION.—Nothing in ‘‘(1) Providing technical assistance to eli- tion maintained in a longitudinal manner to this section shall be construed to provide im- gible entities, on request, to— be used for research and program evaluation; munity from the legal process for such sub- ‘‘(A) improve their fiscal management, re- ‘‘(B) information on State and local em- mission (including any data derived from the search-based instruction, and reporting re- ployment opportunities, and other appro- submission) if the submission is in the pos- quirements to carry out the requirements of priate statistical data related to labor mar- session of any person, agency, or entity this title; ket dynamics, which— other than the Federal Government or an of- ‘‘(B) improve its performance on the core ‘‘(i) shall be current and comprehensive; ficer, employee, agent, or contractor of the indicators of performance described in section 136; ‘‘(ii) shall meet the needs identified Federal Government, or if the submission is ‘‘(C) provide adult education professional through the consultations described in sub- independently collected, retained, or pro- development; and paragraphs (C) and (D) of subsection (e)(1); duced for purposes other than the purposes ‘‘(D) use distance education and improve and of this Act. the application of technology in the class- ‘‘(iii) shall meet the needs for the informa- ‘‘(b) SYSTEM RESPONSIBILITIES.— room, including instruction in English lan- tion identified in section 121(e)(1)(E) of the ‘‘(1) IN GENERAL.—The workforce and labor guage acquisition for English learners. Workforce Investment Act of 1998 (29 U.S.C. market information system described in sub- ‘‘(2) Providing for the conduct of research 2841(e)(1)(E)); section (a) shall be planned, administered, on national literacy basic skill acquisition ‘‘(C) technical standards (which the Sec- overseen, and evaluated through a coopera- levels among adults, including the number of retary shall publish annually) for data and tive governance structure involving the Fed- adult English learners functioning at dif- information described in subparagraphs (A) eral Government and States. ferent levels of reading proficiency. and (B) that, at a minimum, meet the cri- ‘‘(2) DUTIES.—The Secretary, with respect ‘‘(3) Improving the coordination, effi- teria of chapter 35 of title 44, United States to data collection, analysis, and dissemina- ciency, and effectiveness of adult education Code; tion of workforce and labor market informa- and workforce development services at the ‘‘(D) procedures to ensure compatibility tion for the system, shall carry out the fol- national, State, and local levels. and additivity of the data and information lowing duties: ‘‘(4) Determining how participation in described in subparagraphs (A) and (B) from ‘‘(A) Assign responsibilities within the De- adult education, English language acquisi- national, State, and local levels; partment of Labor for elements of the work- tion, and family literacy education programs ‘‘(E) procedures to support standardization force and labor market information system prepares individuals for entry into and suc- and aggregation of data from administrative described in subsection (a) to ensure that all cess in postsecondary education and employ- reporting systems described in subparagraph statistical and administrative data collected ment, and in the case of prison-based serv- (A) of employment-related programs; is consistent with appropriate Bureau of ices, the effect on recidivism. ‘‘(F) analysis of data and information de- Labor Statistics standards and definitions. ‘‘(5) Evaluating how different types of pro- scribed in subparagraphs (A) and (B) for uses ‘‘(B) Actively seek the cooperation of other viders, including community and faith-based such as— Federal agencies to establish and maintain organizations or private for-profit agencies ‘‘(i) national, State, and local policy- mechanisms for ensuring complementarity measurably improve the skills of partici- making; and nonduplication in the development and pants in adult education, English language ‘‘(ii) implementation of Federal policies operation of statistical and administrative acquisition, and family literacy education (including allocation formulas); data collection activities. programs. ‘‘(iii) program planning and evaluation; ‘‘(C) Eliminate gaps and duplication in sta- ‘‘(6) Identifying model integrated basic and and tistical undertakings, with the workplace skills education programs, includ- ‘‘(iv) researching labor market dynamics; systemization of wage surveys as an early ing programs for English learners coordi- ‘‘(G) wide dissemination of such data, in- priority. nated literacy and employment services, and formation, and analysis in a user-friendly ‘‘(D) In collaboration with the Bureau of effective strategies for serving adults with manner and voluntary technical standards Labor Statistics and States, develop and disabilities. for dissemination mechanisms; and maintain the elements of the workforce and ‘‘(7) Initiating other activities designed to ‘‘(H) programs of— labor market information system described improve the measurable quality and effec- ‘‘(i) training for effective data dissemina- in subsection (a), including the development tiveness of adult education, English lan- tion; of consistent procedures and definitions for guage acquisition, and family literacy edu- ‘‘(ii) research and demonstration; and use by the States in collecting the data and cation programs nationwide.’’. ‘‘(iii) programs and technical assistance. information described in subparagraphs (A) Subtitle C—Amendments to the Wagner- ‘‘(2) INFORMATION TO BE CONFIDENTIAL.— and (B) of subsection (a)(1). Peyser Act ‘‘(A) IN GENERAL.—No officer or employee ‘‘(E) Establish procedures for the system to SEC. ll66. AMENDMENTS TO THE WAGNER- of the Federal Government or agent of the ensure that— PEYSER ACT. Federal Government may— ‘‘(i) such data and information are timely; Section 15 of the Wagner-Peyser Act (29 ‘‘(i) use any submission that is furnished ‘‘(ii) paperwork and reporting for the sys- U.S.C. 49l–2) is amended to read as follows: for exclusively statistical purposes under the tem are reduced to a minimum; and ‘‘SEC. 15. WORKFORCE AND LABOR MARKET IN- provisions of this section for any purpose ‘‘(iii) States and localities are fully in- FORMATION SYSTEM. other than the statistical purposes for which volved in the development and continuous ‘‘(a) SYSTEM CONTENT.— the submission is furnished; improvement of the system at all levels.

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‘‘(c) NATIONAL ELECTRONIC TOOLS TO PRO- the ability of a Governor to conduct addi- ‘‘(ii) STATEWIDE WORKFORCE DEVELOPMENT VIDE SERVICES.—The Secretary is authorized tional data collection, analysis, and dissemi- SYSTEM.—Consistent with subparagraph (A), to assist in the development of national elec- nation activities with State funds or with employment and training services shall be tronic tools that may be used to facilitate Federal funds from sources other than this provided through the statewide workforce the delivery of work ready services described section. development system, including the one-stop in section 134(c)(2) of the Workforce Invest- ‘‘(f) NONDUPLICATION REQUIREMENT.—None delivery system authorized by the Workforce ment Act of 1998 (29 U.S.C. 2864(c)(2)) and to of the functions and activities carried out Investment Act of 1998 (29 U.S.C. 2801 et provide workforce and labor market infor- pursuant to this section shall duplicate the seq.). mation to individuals through the one-stop functions and activities carried out under ‘‘(iii) REIMBURSEMENTS.— delivery systems described in section 121 and the Carl D. Perkins Career and Technical ‘‘(I) ACTUAL COSTS.—The State agency through other appropriate delivery systems. Education Act of 2006 (20 U.S.C. 2301 et seq.). shall provide payments or reimbursement to ‘‘(d) COORDINATION WITH THE STATES.— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— participants served under this paragraph ‘‘(1) IN GENERAL.—The Secretary, working There are authorized to be appropriated to for— through the Bureau of Labor Statistics and carry out this section $60,153,000 for fiscal ‘‘(aa) the actual costs of transportation the Employment and Training Administra- year 2015 and each of the 6 succeeding fiscal and other actual costs (other than dependent tion, shall regularly consult with representa- years.’’. care costs) that are reasonably necessary tives of State agencies carrying out work- Subtitle D—Repeals and Conforming and directly related to the individual par- force information activities regarding strat- Amendments ticipating in employment and training ac- egies for improving the workforce and labor SEC. ll71. REPEALS. tivities; and market information system. The following provisions are repealed: ‘‘(bb) the actual costs of such dependent ‘‘(2) FORMAL CONSULTATIONS.—At least (1) Chapter 4 of subtitle B of title I, and care expenses as are determined by the State twice each year, the Secretary, working sections 123, 155, 166, 167, 168, 169, 171, 173, agency to be necessary for the individual to through the Bureau of Labor Statistics, shall 173A, 174, 192, 194, 502, 503, and 506 of the participate in employment and training ac- conduct formal consultations regarding pro- Workforce Investment Act of 1998, as in ef- tivities (other than an individual who is the grams carried out by the Bureau of Labor fect on the day before the date of enactment caretaker relative of a dependent in a family Statistics with representatives of each of the of the SKILLS Act. receiving benefits under part A of title IV of Federal regions of the Bureau of Labor Sta- (2) Title V of the Older Americans Act of the Social Security Act (42 U.S.C. 601 et seq.) tistics, elected (pursuant to a process estab- 1965 (42 U.S.C. 3056 et seq.). in a local area where an employment, train- lished by the Secretary) from the State di- (3) Sections 1 through 14 of the Wagner- ing, or education program under title IV of rectors affiliated with State agencies that Peyser Act (29 U.S.C. 49 et seq.). that Act is in operation), except that no such perform the duties described in subsection (4) The Twenty-First Century Workforce payment or reimbursement shall exceed the (e)(1). Commission Act (29 U.S.C. 2701 note). applicable local market rate. ‘‘(e) STATE RESPONSIBILITIES.— (5) Public Law 91–378, 16 U.S.C. 1701 et seq. ‘‘(II) SERVICE CONTRACTS AND VOUCHERS.— ‘‘(1) IN GENERAL.—In order to receive Fed- (popularly known as the ‘‘Youth Conserva- In lieu of providing reimbursements or pay- eral financial assistance under this section, tion Corps Act of 1970’’). ments for dependent care expenses under the Governor of a State shall— (6) Section 821 of the Higher Education clause (i), a State agency may, at the option ‘‘(A) be responsible for the management of Amendments of 1998 (20 U.S.C. 1151). of the State agency, arrange for dependent the portions of the workforce and labor mar- (7) The Women in Apprenticeship and Non- care through providers by the use of pur- ket information system described in sub- traditional Occupations Act (29 U.S.C. 2501 et chase of service contracts or vouchers or by section (a) that comprise a statewide work- seq.). providing vouchers to the household. force and labor market information system; (8) Sections 4103A and 4104 of title 38, ‘‘(III) VALUE OF REIMBURSEMENTS.—The ‘‘(B) establish a process for the oversight of United States Code. value of any dependent care services pro- such system; SEC. ll72. AMENDMENTS TO OTHER LAWS. vided for or arranged under clause (ii), or ‘‘(C) consult with State and local employ- (a) AMENDMENTS TO THE FOOD AND NUTRI- any amount received as a payment or reim- ers, participants, and local workforce invest- TION ACT OF 2008.— bursement under clause (i), shall— ment boards about the labor market rel- (1) DEFINITION.—Section 3(t) of the Food ‘‘(aa) not be treated as income for the pur- evance of the data to be collected and dis- and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is poses of any other Federal or federally as- seminated through the statewide workforce amended— sisted program that bases eligibility for, or and labor market information system; (A) by striking ‘‘means (1) the agency’’ and the amount of benefits on, need; and ‘‘(D) consult with State educational agen- inserting the following: ‘‘means— ‘‘(bb) not be claimed as an employment-re- cies and local educational agencies con- ‘‘(A) the agency’’; lated expense for the purposes of the credit cerning the provision of workforce and labor (B) by striking ‘‘programs, and (2) the trib- provided under section 21 of the Internal market information in order to meet the al’’ and inserting the following: ‘‘programs; Revenue Code of 1986 (26 U.S.C. 21).’’. needs of secondary school and postsecondary ‘‘(B) the tribal’’; and (4) ADMINISTRATION.—Section 11(e)(19) of school students who seek such information; (C) by striking ‘‘this Act.’’ and inserting the Food and Nutrition Act of 2008 (7 U.S.C. ‘‘(E) collect and disseminate for the sys- the following: ‘‘this Act; and 2020(e)(11) is amended to read as follows: tem, on behalf of the State and localities in ‘‘(C) in the context of employment and ‘‘(S) the plans of the State agency for pro- the State, the information and data de- training activities under section 6(d)(4), a viding employment and training services scribed in subparagraphs (A) and (B) of sub- State board as defined in section 101 of the under section 6(d)(4);’’. section (a)(1); Workforce Investment Act of 1998 (29 U.S.C. (5) ADMINISTRATIVE COST-SHARING AND ‘‘(F) maintain and continuously improve 2801).’’. QUALITY CONTROL.—Section 16(h) of the Food the statewide workforce and labor market (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is information system in accordance with this Food and Nutrition Act of 2008 (7 U.S.C. 2014) amended— section; is amended— (A) in paragraph (1)— ‘‘(G) perform contract and grant respon- (A) in subsection (d)(14) by striking ‘‘sec- (i) in subparagraph (A), by striking ‘‘carry sibilities for data collection, analysis, and tion 6(d)(4)(I)’’ and inserting ‘‘section out employment and training programs’’ and dissemination for such system; 6(d)(4)(C)’’, and inserting ‘‘provide employment and training ‘‘(H) conduct such other data collection, (B) in subsection (g)(3), in the first sen- services to eligible households under section analysis, and dissemination activities as will tence, by striking ‘‘constitutes adequate par- 6(d)(4)’’; and ensure an effective statewide workforce and ticipation in an employment and training (ii) in subparagraph (D), by striking ‘‘oper- labor market information system; program under section 6(d)’’ and inserting ating an employment and training program’’ ‘‘(I) actively seek the participation of ‘‘allows the individual to participate in em- and inserting ‘‘providing employment and other State and local agencies in data collec- ployment and training activities under sec- training services consistent with section tion, analysis, and dissemination activities tion 6(d)(4)’’. 6(d)(4)’’; in order to ensure complementarity, compat- (3) ELIGIBILITY DISQUALIFICATIONS.—Section (B) in paragraph (3)— ibility, and usefulness of data; 6(d)(4) of the Food and Nutrition Act of 2008 (i) by striking ‘‘participation in an employ- ‘‘(J) participate in the development of, and (7 U.S.C. 2015(d)(4)) is amended to read as fol- ment and training program’’ and inserting submit to the Secretary, an annual plan to lows: ‘‘the individual participating in employment carry out the requirements and authorities ‘‘(D) EMPLOYMENT AND TRAINING.— and training activities’’; and of this subsection; and ‘‘(i) IMPLEMENTATION.—Each State agency (ii) by striking ‘‘section 6(d)(4)(I)(i)(II)’’ ‘‘(K) utilize the quarterly records described shall provide employment and training serv- and inserting ‘‘section 6(d)(4)(C)(i)(II)’’; in section 136(f)(2) of the Workforce Invest- ices authorized under section 134 of the (C) in paragraph (4), by striking ‘‘for oper- ment Act of 1998 (29 U.S.C. 2871(f)(2)) to assist Workforce Investment Act of 1998 (29 U.S.C. ating an employment and training program’’ the State and other States in measuring 2864) to eligible members of households par- and inserting ‘‘to provide employment and State progress on State performance meas- ticipating in the supplemental nutrition as- training services’’; and ures. sistance program in gaining skills, training, (D) by striking paragraph (5) and inserting ‘‘(2) RULE OF CONSTRUCTION.—Nothing in work, or experience that will increase their the following: this section shall be construed as limiting ability to obtain regular employment. ‘‘(E) MONITORING.—

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‘‘(i) IN GENERAL.—The Secretary, in con- training services are provided through the (B) in paragraph (6), as so redesignated, by junction with the Secretary of Labor, shall statewide workforce development system, as redesignating clauses (i) and (ii) as subpara- monitor each State agency responsible for appropriate, authorized by the Workforce In- graphs (A) and (B), respectively, and adjust- administering employment and training vestment Act of 1998 (29 U.S.C. 2801 et seq.). ing the margin accordingly; services under section 6(d)(4) to ensure funds Such action may include— (C) in paragraph (7), as so redesignated— are being spent effectively and efficiently. ‘‘(i) making employment and training ac- (i) in clause (ii), by striking ‘‘Employ- ‘‘(ii) ACCOUNTABILITY.—Each program of tivities described in section 134 of such Act ment’’ and inserting ‘‘Employment and employment and training receiving funds (29 U.S.C. 2864) available to refugees; and training services (as defined in paragraph (6) under section 6(d)(4) shall be subject to the ‘‘(ii) providing refugees with access to a of section 231(d) of the Second Chance Act of requirements of the performance account- one-stop delivery system established under 2007), including basic skills attainment, con- ability system, including having to meet the section 121 of such Act (29 U.S.C. 2841).’’. sistent with such paragraph’’; and State performance measures described in (4) CASH ASSISTANCE AND MEDICAL ASSIST- (ii) by striking clause (iii); and section 136 of the Workforce Investment Act ANCE TO REFUGEES.—Section 412(e) of such (D) by redesignating clauses (i), (ii), (iv), (29 U.S.C. 2871).’’. Act (8 U.S.C. 1522(e)) is amended— (v), (vi), and (vii) as subparagraphs (A), (B), (6) RESEARCH, DEMONSTRATION, AND EVAL- (A) in paragraph (2)(A)(i), by inserting (C), (D), (E), and (F), respectively, and ad- UATIONS.—Section 17 of the Food and Nutri- ‘‘and training’’ after ‘‘providing employ- justing the margin accordingly. tion Act of 2008 (7 U.S.C. 2026) is amended— ment’’; and (A) in subsection (b)— (B) in paragraph (3), by striking ‘‘The’’ and (d) AMENDMENTS TO THE OMNIBUS CRIME (i) in paragraph (1)(B)(iv)(III)(dd), by strik- inserting ‘‘Consistent with subsection (c)(3), CONTROL AND SAFE STREETS ACT OF 1968.— ing ‘‘, (4)(F)(i), or (4)(K)’’ and inserting ‘‘or the’’. Section 2976 of the Omnibus Crime Control (4)’’; and (c) AMENDMENTS RELATING TO THE SECOND and Safe Streets Act of 1968 (42 U.S.C. 3797w) (ii) by striking paragraph (3); and CHANCE ACT OF 2007.— is amended— (B) in subsection (g), in the first sentence (1) FEDERAL PRISONER REENTRY INITIA- (1) in subsection (b)— in the matter preceding paragraph (1)— TIVE.—Section 231 of the Second Chance Act (A) in paragraph (1), by striking ‘‘voca- (i) by striking ‘‘programs established’’ and of 2007 (42 U.S.C. 17541) is amended— tional’’ and inserting ‘‘career and technical inserting ‘‘activities provided to eligible (A) in subsection (a)(1)(E)— education (as defined in section 3 of the Carl households’’; and (i) by inserting ‘‘the Department of Labor D. Perkins Career and Technical Education (ii) by inserting ‘‘, in conjunction with the and’’ before ‘‘other Federal agencies’’; and Act of 2006 (20 U.S.C. 2302)) and training’’; Secretary of Labor,’’ after ‘‘Secretary’’. (ii) by inserting ‘‘State and local workforce (B) by redesignating paragraphs (4), (5), (6), (7) MINNESOTA FAMILY INVESTMENT investment boards,’’ after ‘‘community- and (7) as paragraphs (5), (6), (7), and (8), re- PROJECT.—Section 22(b)(4) of the Food and based organizations,’’; spectively; and Nutrition Act of 2008 (7 U.S.C. 2031(b)(4)) is (B) in subsection (c)— (C) by inserting after paragraph (3) the fol- amended by striking ‘‘equivalent to those of- (i) in paragraph (2), by striking at the end lowing new paragraph: fered under the employment and training ‘‘and’’; ‘‘(D) coordinating employment and train- program’’. (ii) in paragraph (3), by striking at the end ing services provided through the statewide (b) AMENDMENTS TO SECTION 412 OF THE IM- the period and inserting ‘‘; and’’; and workforce investment system under subtitle MIGRATION AND NATIONALITY ACT.— (iii) by adding at the end the following new B of title I of the Workforce Investment Act (1) CONDITIONS AND CONSIDERATIONS.—Sec- paragraph: of 1998 (29 U.S.C. 2811 et seq.), including a tion 412(a) of the Immigration and Nation- ‘‘(D) to coordinate reentry programs with one-stop delivery system under section 121 of ality Act (8 U.S.C. 1522(a)) is amended— the employment and training services pro- such Act (29 U.S.C. 2841), for offenders upon (A) in paragraph (1)— vided through the statewide workforce in- release from prison, jail, or a juvenile facil- (i) in subparagraph (A)(i), by striking vestment system under subtitle B of title I ity, as appropriate;’’; ‘‘make available sufficient resources for em- of the Workforce Investment Act of 1998 (29 (2) in subsection (d)(2), by inserting ‘‘, in- ployment training and placement’’ and in- U.S.C. 2811 et seq.).’’; and cluding local workforce investment boards serting ‘‘provide refugees with the oppor- (C) in subsection (d), by adding at the end established under section 117 of the Work- tunity to access employment and training the following new paragraph: force Investment Act of 1998 (29 U.S.C. 2832),’’ services, including job placement,’’; and ‘‘(F) INTERACTION WITH THE WORKFORCE IN- after ‘‘nonprofit organizations’’; (ii) in subparagraph (B)(ii), by striking VESTMENT SYSTEM.— (3) in subsection (e)— ‘‘services;’’ and inserting ‘‘services provided ‘‘(i) IN GENERAL.—In carrying out this sec- (A) in paragraph (3), by striking ‘‘victims through the Workforce Investment Act of tion, the Director shall ensure that employ- services, and employment services’’ and in- 1998 (29 U.S.C. 2801 et seq.);’’; ment and training services, including such serting ‘‘and victim services’’; (B) in paragraph (2)(C)(iii)(II), by inserting employment and services offered through re- (B) by redesignating paragraphs (4) and (5) ‘‘and training’’ after ‘‘employment’’; entry programs, are provided, as appropriate, as paragraphs (5) and (6), respectively; and (C) in paragraph (6)(A)(ii)— through the statewide workforce investment (C) by inserting after paragraph (3) the fol- (i) by striking ‘‘insure’’ and inserting ‘‘en- system under subtitle B of title I of the lowing new paragraph: sure’’; Workforce Investment Act of 1998 (29 U.S.C. ‘‘(D) provides employment and training (ii) by inserting ‘‘and training’’ after ‘‘em- 2811 et seq.), which may include— services through the statewide workforce in- ployment’’; and ‘‘(I) making employment and training vestment system under subtitle B of title I (iii) by inserting after ‘‘available’’ the fol- services available to prisoners prior to and of the Workforce Investment Act of 1998 (29 lowing: ‘‘through the one-stop delivery sys- immediately following the release of such U.S.C. 2811 et seq.), including a one-stop de- tem under section 121 of the Workforce In- prisoners; or livery system under section 121 of such Act vestment Act of 1998 (29 U.S.C. 2841)’’; and ‘‘(II) providing prisoners with access by re- (29 U.S.C. 2841);’’; and (D) in paragraph (9), by inserting ‘‘the Sec- mote means to a one-stop delivery system (4) in subsection (k)— retary of Labor,’’ after ‘‘Education,’’. under section 121 of the Workforce Invest- (A) in paragraph (1)(A), by inserting ‘‘, in (2) PROGRAM OF INITIAL RESETTLEMENT.— ment Act of 1998 (29 U.S.C. 2841) in the State accordance with paragraph (2)’’ after ‘‘under Section 412(b)(2) of such Act (8 U.S.C. in which the prison involved is located. this section’’; 1522(b)(2)) is amended— ‘‘(ii) SERVICE DEFINED.—In this paragraph, (B) by redesignating paragraphs (2) and (3) (A) by striking ‘‘orientation, instruction’’ the term ‘employment and training services’ as paragraphs (3) and (4), respectively; and and inserting ‘‘orientation and instruction’’; means those services described in section 134 (C) by inserting after paragraph (1) the fol- and of the Workforce Investment Act of 1998 (29 lowing new paragraph: (B) by striking ‘‘, and job training for refu- U.S.C. 2864) offered by the Bureau of Prisons, ‘‘(B) EMPLOYMENT AND TRAINING.—The At- gees, and such other education and training including— torney General shall require each grantee of refugees, as facilitates’’ and inserting ‘‘for ‘‘(I) the skills assessment described in sub- under this section to measure the core indi- refugees to facilitate’’. section (a)(1)(A); cators of performance as described in section (3) PROJECT GRANTS AND CONTRACTS FOR ‘‘(II) the skills development plan described 136(b)(2)(A) of the Workforce Investment Act SERVICES FOR REFUGEES.—Section 412(c) of in subsection (a)(1)(B); and of 1998 (29 U.S.C. 2871(b)(2)(A)) with respect such Act (8 U.S.C. 1522(c)) is amended— ‘‘(III) the enhancement, development, and to the program of such grantee funded with (A) in paragraph (1)— implementation of reentry and skills devel- a grant under this section.’’. (i) in subparagraph (A)(i), by inserting opment programs.’’. ‘‘and training’’ after ‘‘employment’’; and (2) DUTIES OF THE BUREAU OF PRISONS.—Sec- (e) CONFORMING AMENDMENTS TO TITLE 38, (ii) by striking subparagraph (C); tion 4042(a) of title 18, United States Code, is UNITED STATES CODE.—Title 38, United (B) in paragraph (2)(B), by striking ‘‘para- amended— States Code, is amended— graph—’’ and all that follows through ‘‘in a (A) by redesignating subparagraphs (D) and (1) in section 3672(d)(1), by striking ‘‘dis- manner’’ and inserting ‘‘paragraph in a man- (E), as added by section 231(d)(1)(C) of the abled veterans’ outreach program specialists ner’’; and Second Chance Act of 2007 (Public Law 110– under section 4103A’’ and inserting ‘‘veteran (C) by adding at the end the following: 199; 122 Stat. 685), as paragraphs (6) and (7), employment specialists appointed under sec- ‘‘(C) In carrying out this section, the Di- respectively, and adjusting the margin action 134(f) of the Workforce Investment Act rector shall ensure that employment and cordingly; of 1998’’;

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(2) in the table of sections at the beginning ‘‘CHAPTER 2—LOCAL PROVISIONS ‘‘Sec. 212. Performance accountability sys- of chapter 41, by striking the items relating ‘‘Sec. 116. Local workforce investment tem. to sections 4103A and 4104; areas. ‘‘Subtitle B—State Provisions (3) in section 4102A— ‘‘Sec. 117. Local workforce investment ‘‘Sec. 221. State administration. (A) in subsection (b)— boards. ‘‘Sec. 222. State distribution of funds; (i) by striking paragraphs (5), (6), and (7); ‘‘Sec. 118. Local plan. matching requirement. and ‘‘CHAPTER 3—WORKFORCE INVESTMENT ‘‘Sec. 223. State leadership activities. (ii) by redesignating paragraph (8) as para- ACTIVITIES PROVIDERS ‘‘Sec. 224. State plan. graph (5); ‘‘Sec. 121. Establishment of one-stop deliv- ‘‘Sec. 225. Programs for corrections edu- (B) by striking subsections (c) and (h); ery systems. cation and other institutional- (C) by redesignating subsections (d), (e), ‘‘Sec. 122. Identification of eligible providers ized individuals. (f), and (g) as subsections (c), (d), (e), and (f); of training services. ‘‘Subtitle C—Local Provisions and (D) in subsection (e)(1) (as so redesig- ‘‘CHAPTER 5—EMPLOYMENT AND TRAINING ‘‘Sec. 231. Grants and contracts for eligible nated)— ACTIVITIES providers. ‘‘Sec. 232. Local application. (i) by striking ‘‘, including disabled vet- ‘‘Sec. 131. General authorization. ‘‘Sec. 233. Local administrative cost limits. erans’ outreach program specialists and local ‘‘Sec. 132. State allotments. veterans’ employment representatives pro- ‘‘Sec. 133. Within State allocations. ‘‘Subtitle D—General Provisions viding employment, training, and placement ‘‘Sec. 134. Use of funds for employment and ‘‘Sec. 241. Administrative provisions. services under this chapter in a State’’; and training activities. ‘‘Sec. 242. National activities. (ii) by striking ‘‘for purposes of subsection ‘‘CHAPTER 6—GENERAL PROVISIONS ‘‘TITLE III—WORKFORCE INVESTMENT- (c)’’; ‘‘Sec. 136. Performance accountability sys- RELATED ACTIVITIES (4) in section 4104A— tem. ‘‘Subtitle A—Wagner-Peyser Act (A) in subsection (b)(1), by striking sub- ‘‘Sec. 137. Authorization of appropriations. ‘‘Sec. 301. Definitions. paragraph (A) and inserting the following: ‘‘Subtitle C—Job Corps ‘‘Sec. 302. Functions. ‘‘(i) the appropriate veteran employment ‘‘Sec. 303. Designation of State agencies. specialist (in carrying out the functions de- ‘‘Sec. 141. Purposes. ‘‘Sec. 142. Definitions. ‘‘Sec. 304. Appropriations. scribed in section 134(f) of the Workforce In- ‘‘Sec. 143. Establishment. ‘‘Sec. 305. Disposition of allotted funds. vestment Act of 1998);’’; and ‘‘Sec. 144. Individuals eligible for the Job ‘‘Sec. 306. State plans. (B) in subsection (c)(1), by striking sub- Corps. ‘‘Sec. 307. Repeal of Federal advisory coun- paragraph (A) and inserting the following: ‘‘Sec. 145. Recruitment, screening, selection, cil. ‘‘(i) collaborate with the appropriate vet- and assignment of enrollees. ‘‘Sec. 308. Regulations. eran employment specialist (as described in ‘‘Sec. 146. Enrollment. ‘‘Sec. 309. Employment statistics. section 134(f)) and the appropriate State ‘‘Sec. 147. Job Corps centers. ‘‘Sec. 310. Technical amendments. boards and local boards (as such terms are ‘‘Sec. 148. Program activities. ‘‘Sec. 311. Effective date. defined in section 101 of the Workforce In- ‘‘Sec. 149. Counseling and job placement. ‘‘Subtitle B—Linkages With Other Programs vestment Act of 1998 (29 U.S.C. 2801));’’; ‘‘Sec. 150. Support. ‘‘Sec. 321. Trade Act of 1974. (5) in section 4109— ‘‘Sec. 151. Operations. ‘‘Sec. 322. Veterans’ employment programs. (A) in subsection (a), by striking ‘‘disabled ‘‘Sec. 152. Standards of conduct. ‘‘Sec. 323. Older Americans Act of 1965. veterans’ outreach program specialists and ‘‘Sec. 153. Community participation. ‘‘Subtitle D—Application of Civil Rights and local veterans’ employment representative’’ ‘‘Sec. 154. Workforce councils. Labor-Management Laws to the Smithso- and inserting ‘‘veteran employment special- ‘‘Sec. 156. Technical assistance to centers. nian Institution ists appointed under section 134(f) of the ‘‘Sec. 157. Application of provisions of Fed- Workforce Investment Act of 1998’’; and eral law. ‘‘Sec. 341. Application of civil rights and (B) in subsection (d)(1), by striking ‘‘dis- ‘‘Sec. 158. Special provisions. labor-management laws to the abled veterans’ outreach program specialists ‘‘Sec. 159. Performance accountability and Smithsonian Institution. and local veterans’ employment representa- management. ‘‘TITLE IV—REHABILITATION ACT tives’’ and inserting ‘‘veteran employment ‘‘Sec. 160. General provisions. AMENDMENTS OF 1998 specialists appointed under section 134(f) of ‘‘Sec. 161. Authorization of appropriations. ‘‘Sec. 401. Short title. the Workforce Investment Act of 1998’’; and ‘‘Subtitle D—National Programs ‘‘Sec. 402. Title. (6) in section 4112(d)— ‘‘Sec. 170. Technical assistance. ‘‘Sec. 403. General provisions. (A) in paragraph (1), by striking ‘‘disabled ‘‘Sec. 172. Evaluations. ‘‘Sec. 404. Vocational rehabilitation serv- veterans’ outreach program specialist’’ and ices. ‘‘Subtitle E—Administration inserting ‘‘veteran employment specialist ‘‘Sec. 405. Research and training. appointed under section 134(f) of the Work- ‘‘Sec. 181. Requirements and restrictions. ‘‘Sec. 406. Professional development and spe- force Investment Act of 1998’’; and ‘‘Sec. 182. Prompt allocation of funds. cial projects and demonstra- (B) by striking paragraph (2) and redesig- ‘‘Sec. 183. Monitoring. tions. nating paragraph (3) as paragraph (2). ‘‘Sec. 184. Fiscal controls; sanctions. ‘‘Sec. 407. National Council on Disability. ‘‘Sec. 185. Reports; recordkeeping; investiga- (f) COMPREHENSIVE ENVIRONMENTAL RE- ‘‘Sec. 408. Rights and advocacy. tions. ‘‘Sec. 409. Employment opportunities for in- SPONSE, COMPENSATION, AND LIABILITY ACT OF ‘‘Sec. 186. Administrative adjudication. 1980.—Section 104(k)(6)(A) of the Comprehen- dividuals with disabilities. ‘‘Sec. 187. Judicial review. ‘‘Sec. 410. Independent living services and sive Environmental Response, Compensa- ‘‘Sec. 188. Nondiscrimination. tion, and Liability Act of 1980 (42 U.S.C. centers for independent living. ‘‘Sec. 189. Administrative provisions. ‘‘Sec. 411. Repeal. 9604(k)(6)(A)) is amended by striking ‘‘train- ‘‘Sec. 190. References. ‘‘Sec. 412. Helen Keller National Center Act. ing, research, and’’ and inserting ‘‘research ‘‘Sec. 191. State legislative authority. ‘‘Sec. 413. President’s Committee on Em- and’’. ‘‘Sec. 193. Transfer of Federal equity in ployment of People With Dis- SEC. ll73. CONFORMING AMENDMENT TO State employment security real abilities. TABLE OF CONTENTS. property to the States. ‘‘Sec. 414. Conforming amendments. The table of contents in section 1(b) is ‘‘Sec. 195. General program requirements. ‘‘TITLE V—GENERAL PROVISIONS amended to read as follows: ‘‘Sec. 196. Federal agency staff. ‘‘Sec. 501. State unified plan. ‘‘(b) TABLE OF CONTENTS.—The table of ‘‘Sec. 197. Restrictions on lobbying and po- ‘‘Sec. 504. Privacy. contents for this Act is as follows: litical activities. ‘‘Sec. 505. Buy-American requirements. ‘‘Sec. 1. Short title; table of contents. ‘‘Subtitle F—Repeals and Conforming ‘‘Sec. 507. Effective date.’’. Amendments ‘‘TITLE I—WORKFORCE INVESTMENT Subtitle E—Amendments to the SYSTEMS ‘‘Sec. 199. Repeals. Rehabilitation Act of 1973 ‘‘Sec. 199A. Conforming amendments. ‘‘Subtitle A—Workforce Investment SEC. ll76. FINDINGS. ‘‘TITLE II—ADULT EDUCATION AND Definitions Section 2(a) of the Rehabilitation Act of FAMILY LITERACY EDUCATION ‘‘Sec. 101. Definitions. 1973 (29 U.S.C. 701(a)) is amended— ‘‘Subtitle B—Statewide and Local Workforce ‘‘Sec. 201. Short title. (1) in paragraph (5), by striking ‘‘and’’ at ‘‘Sec. 202. Purpose. Investment Systems the end; ‘‘Sec. 203. Definitions. ‘‘Sec. 106. Purpose. (2) in paragraph (6), by striking the period ‘‘Sec. 204. Home schools. and inserting ‘‘; and’’; and ‘‘CHAPTER 1—STATE PROVISIONS ‘‘Sec. 205. Authorization of appropriations. (3) by adding at the end the following: ‘‘Sec. 111. State workforce investment ‘‘Subtitle A—Federal Provisions ‘‘(7) there is a substantial need to improve boards. ‘‘Sec. 211. Reservation of funds; grants to el- and expand services for students with dis- ‘‘Sec. 112. State plan. igible agencies; allotments. abilities under this Act.’’.

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(B) in subparagraph (A)— (1) in section 3(a) (29 U.S.C. 702(a))— Section 21 of the Rehabilitation Act of 1973 (i) in the subparagraph heading, by strik- (A) by striking ‘‘Office of the Secretary’’ (29 U.S.C. 718) is amended, in paragraphs (1) ing ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; and inserting ‘‘Department of Education’’; and (2)(A) of subsection (b), and in subsection and (B) by striking ‘‘President by and with the (c), by striking ‘‘VI,’’. (ii) by striking ‘‘part A of title VI’’ and in- advice and consent of the Senate’’ and in- SEC. ll81. STATE PLAN. serting ‘‘section 109A’’; and serting ‘‘Secretary’’; and Section 101(a) of the Rehabilitation Act of (6) by adding at the end the following: (C) by striking ‘‘, and the Commissioner 1973 (29 U.S.C. 721(a)) is amended— ‘‘(25) COLLABORATION WITH INDUSTRY.—The shall be the principal officer,’’; (1) in paragraph (10)— State plan shall describe how the designated (2) by striking ‘‘Commissioner’’ each place (A) in subparagraph (B), by striking ‘‘on State agency will carry out the provisions of it appears (except in section 21) and inserting the eligible individuals’’ and all that follows section 109A, including— ‘‘Director’’; and inserting ‘‘of information necessary to ‘‘(A) the criteria such agency will use to (3) in section 12(c) (29 U.S.C. 709(c)), by assess the State’s performance on the core award grants under such section; and striking ‘‘Commissioner’s’’ and inserting indicators of performance described in sec- ‘‘(B) how the activities carried out under ‘‘Director’s’’; tion 136(b)(2)(A) of the Workforce Investment such grants will be coordinated with other (4) in section 21 (29 U.S.C. 718)— Act of 1998 (29 U.S.C. 2871(b)(2)(A)).’’; and services provided under this title. (A) in subsection (b)(1)— (B) in subparagraph (E)(ii), by striking ‘‘, ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL- (i) by striking ‘‘Commissioner’’ the first to the extent the measures are applicable to ITIES.—The State plan shall provide an as- place it appears and inserting ‘‘Director of individuals with disabilities’’; surance satisfactory to the Secretary that the Rehabilitation Services Administra- (2) in paragraph (11)— the State— (A) in subparagraph (D)(i), by inserting be- tion’’; ‘‘(A) has developed and implemented strat- fore the semicolon the following: ‘‘, which (ii) by striking ‘‘(referred to in this sub- egies to address the needs identified in the may be provided using alternative means of section as the ‘Director’)’’; and assessments described in paragraph (15), and meeting participation (such as participation (iii) by striking ‘‘The Commissioner and achieve the goals and priorities identified by through video conferences and conference the Director’’ and inserting ‘‘Both such Di- the State in that paragraph, to improve and calls)’’; and rectors’’; and expand vocational rehabilitation services for (B) by adding at the end the following: (B) by striking ‘‘the Commissioner and the students with disabilities on a statewide ‘‘(G) COORDINATION WITH ASSISTIVE TECH- Director’’ each place it appears and inserting basis in accordance with paragraph (15); and ‘‘both such Directors’’; NOLOGY PROGRAMS.—The State plan shall include an assurance that the designated State ‘‘(B) from funds reserved under section (5) in the heading for subparagraph (B) of 110A, shall carry out programs or activities section 100(d)(2) (29 U.S.C. 720(d)(2)), by strik- unit and the lead agency or implementing entity responsible for carrying out duties designed to improve and expand vocational ing ‘‘COMMISSIONER’’ and inserting ‘‘DIREC- rehabilitation services for students with dis- TOR’’; under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) have developed work- abilities that— (6) in section 401(a)(1) (29 U.S.C. 781(a)(1)), ‘‘(i) facilitate the transition of students by inserting ‘‘of the National Institute on ing relationships and coordinate their activities.’’; with disabilities from the receipt of edu- Disability and Rehabilitation Research’’ cational services in school, to the receipt of after ‘‘Director’’; (3) in paragraph (15)— (A) in subparagraph (A)— vocational rehabilitation services under this (7) in the heading for section 706 (29 U.S.C. title, including, at a minimum, those serv- 796d–1), by striking ‘‘COMMISSIONER’’ and in- (i) in clause (i)— (I) in subclause (II), by striking ‘‘and’’ at ices specified in the interagency agreement serting ‘‘DIRECTOR’’; and required in paragraph (11)(D); (8) in the heading for paragraph (3) of sec- the end; (II) in subclause (III), by adding ‘‘and’’ at ‘‘(ii) improve the achievement of post- tion 723(a) (29 U.S.C. 796f–2(a)), by striking school goals of students with disabilities, in- ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’. the end; and (III) by adding at the end the following: cluding improving the achievement through (b) EFFECTIVE DATE; APPLICATION.—The ‘‘(IV) students with disabilities, including participation (as appropriate when career amendments made by subsection (a) shall— their need for transition services;’’; goals are discussed) in meetings regarding (1) take effect on the date of the enactment (ii) by redesignating clauses (ii) and (iii) as individualized education programs developed of this Act; and clauses (iii) and (iv), respectively; and under section 614 of the Individuals with Dis- (2) apply with respect to the appointments (iii) by inserting after clause (i) the fol- abilities Education Act (20 U.S.C. 1414); of Directors of the Rehabilitation Services lowing: ‘‘(iii) provide career guidance, career ex- Administration made on or after the date of ‘‘(ii) include an assessment of the transi- ploration services, job search skills and enactment of this Act, and the Directors so tion services provided under this Act, and co- strategies, and technical assistance to stu- appointed. ordinated with transition services provided dents with disabilities; under the Individuals with Disabilities Edu- ‘‘(iv) support the provision of training and SEC. ll78. DEFINITIONS. cation Act (20 U.S.C. 1400 et seq.), about the technical assistance to State and local edu- Section 7 of the Rehabilitation Act of 1973 extent to which those 2 types of services cational agencies and designated State agen- (29 U.S.C. 705) is amended— meet the needs of individuals with disabil- cy personnel responsible for the planning and (1) by redesignating paragraphs (35) ities;’’; provision of services to students with dis- through (39) as paragraphs (36) through (40), (B) in subparagraph (B)(ii), by striking abilities; and respectively; ‘‘and under part B of title VI’’; and ‘‘(v) support outreach activities to stu- (2) in subparagraph (A)(ii) of paragraph (36) (C) in subparagraph (D)— dents with disabilities who are eligible for, (as redesignated by paragraph (1)), by strik- (i) by redesignating clauses (iii), (iv), and and need, services under this title.’’. ing ‘‘paragraph (36)(C)’’ and inserting ‘‘para- (v) as clauses (iv), (v), and (vi), respectively; SEC. ll82. SCOPE OF SERVICES. graph (37)(C)’’; and (ii) by inserting after clause (ii) the fol- Section 103 of the Rehabilitation Act of (3) by inserting after paragraph (34) the following: 1973 (29 U.S.C. 723) is amended— lowing: ‘‘(iii) the methods to be used to improve (1) in subsection (a), by striking paragraph ‘‘(35)(A) The term ‘student with a dis- and expand vocational rehabilitation serv- (15) and inserting the following: ability’ means an individual with a dis- ices for students with disabilities, including ‘‘(15) transition services for students with ability who— the coordination of services designed to fa- disabilities, that facilitate the achievement ‘‘(i) is not younger than 16 and not older cilitate the transition of such students from of the employment outcome identified in the than 21; the receipt of educational services in school individualized plan for employment involved, ‘‘(ii) has been determined to be eligible to the receipt of vocational rehabilitation including services described in clauses (i) under section 102(a) for assistance under this services under this title or to postsecondary through (iii) of section 101(a)(26)(B);’’; title; and education or employment;’’; and (2) in subsection (b), by striking paragraph ‘‘(iii)(I) is eligible for, and is receiving, spe- (iii) in clause (v), as redesignated by clause (6) and inserting the following: cial education under part B of the Individ- (i) of this subparagraph, by striking ‘‘evalua- ‘‘(6)(A)(i) Consultation and technical as- uals with Disabilities Education Act (20 tion standards’’ and inserting ‘‘performance sistance services to assist State and local U.S.C. 1411 et seq.); or standards’’; educational agencies in planning for the ‘‘(II) is an individual with a disability, for (4) in paragraph (22)— transition of students with disabilities from purposes of section 504. (A) in the paragraph heading, by striking school to post-school activities, including ‘‘(B) The term ‘students with disabilities’ ‘‘STATE PLAN SUPPLEMENT’’; employment. means more than 1 student with a dis- (B) by striking ‘‘carrying out part B of ‘‘(ii) Training and technical assistance de- ability.’’. title VI, including’’; and scribed in section 101(a)(26)(B)(iv).

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‘‘(B) Services for groups of individuals with ‘‘(d) APPLICATION.—To receive a grant (B) in subsection (h), by striking ‘‘section disabilities who meet the requirements of under this section, an eligible entity shall 306’’ and inserting ‘‘section 304’’; clauses (i) and (iii) of section 7(35)(A), includ- submit an application to a designated State (3) in section 303 (29 U.S.C. 773)— ing services described in clauses (i), (ii), (iii), agency at such time, in such manner, and (A) in subsection (b)(1), by striking ‘‘sec- and (v) of section 101(a)(26)(B), to assist in containing such information as such agency tion 306’’ and inserting ‘‘section 304’’; and the transition from school to post-school ac- shall require. Such application shall include, (B) in subsection (c)— tivities.’’; and at a minimum— (i) in paragraph (4)— (3) in subsection (b), by inserting at the ‘‘(1) a plan for evaluating the effectiveness (I) by amending subparagraph (A)(ii) to end the following: of the collaborative program; read as follows: ‘‘(7) The establishment, development, or ‘‘(2) a plan for collecting and reporting the ‘‘(ii) to coordinate activities and work improvement of assistive technology dem- data and information described under sub- closely with the parent training and infor- onstration, loan, reutilization, or financing paragraphs (A) through (C) of section mation centers established pursuant to sec- programs in coordination with activities au- 101(a)(10), as determined appropriate by the tion 671 of the Individuals with Disabilities thorized under the Assistive Technology Act designated State agency; and Education Act (20 U.S.C. 1471), the commu- of 1998 (29 U.S.C. 3001 et seq.) to promote ac- ‘‘(3) a plan for providing for the non-Fed- nity parent resource centers established pur- cess to assistive technology for individuals eral share of the costs of the program. suant to section 672 of such Act (29 U.S.C. with disabilities and employers.’’. ‘‘(e) ACTIVITIES.—An eligible entity receiv- 1472), and the eligible entities receiving SEC. ll83. STANDARDS AND INDICATORS. ing a grant under this section shall use the awards under section 673 of such Act (20 (a) IN GENERAL.—Section 106 of the Reha- grant funds to carry out a program that pro- U.S.C. 1473); and’’; and bilitation Act of 1973 (29 U.S.C. 726) is amend- vides one or more of the following: (II) in subparagraph (C), by inserting ‘‘, ed— ‘‘(1) Job development, job placement, and and demonstrate the capacity for serving,’’ (1) in the section heading, by striking career advancement services for individuals after ‘‘serve’’; and (ii) by adding at the end the following: ‘‘EVALUATION STANDARDS’’ and inserting ‘‘PER- with disabilities. ‘‘(8) RESERVATION.—From the amount ap- FORMANCE STANDARDS’’; ‘‘(2) Training in realistic work settings in (2) by striking subsection (a) and inserting order to prepare individuals with disabilities propriated to carry out this subsection for a the following: for employment and career advancement in fiscal year, 20 percent of such amount or ‘‘(a) STANDARDS AND INDICATORS.—The per- the competitive market. $500,000, whichever is less, shall be reserved formance standards and indicators for the ‘‘(3) Providing individuals with disabilities to carry out paragraph (6).’’; vocational rehabilitation program carried with such support services as may be re- (4) by striking sections 304 and 305 (29 out under this title— quired in order to maintain the employment U.S.C. 774, 775); and ‘‘(1) shall be subject to paragraphs (2)(A) and career advancement for which the indi- (5) by redesignating section 306 (29 U.S.C. and (3) of section 136(b) of the Workforce In- viduals have received training. 776) as section 304. vestment Act of 1998 (29 U.S.C. 2871(b)); and ‘‘(f) ELIGIBILITY FOR SERVICES.—An indi- SEC. ll90. REPEAL OF TITLE VI. ‘‘(2) may, at a State’s discretion, include vidual shall be eligible for services provided Title VI of the Rehabilitation Act of 1973 additional indicators identified in the State under a program under this section if the in- (29 U.S.C. 795 et seq.) is repealed. plan submitted under section 101.’’; and dividual is determined under section 102(a)(1) SEC. ll91. TITLE VII GENERAL PROVISIONS. (3) in subsection (b)(2)(B), by striking to be eligible for assistance under this title. (a) PURPOSE.—Section 701(3) of the Reha- clause (i) and inserting the following: ‘‘(g) FEDERAL SHARE.—The Federal share bilitation Act of 1973 (29 U.S.C. 796(3)) is ‘‘(i) on a biannual basis, review the pro- for a program under this section shall not amended by striking ‘‘State programs of sup- gram improvement efforts of the State and, exceed 80 percent of the costs of the pro- ported employment services receiving assist- if the State has not improved its perform- gram.’’. ance under part B of title VI,’’. (b) CHAIRPERSON.—Section 705(b)(5) of the ance to acceptable levels, as determined by SEC. ll86. RESERVATION FOR EXPANDED TRAN- Rehabilitation Act of 1973 (29 U.S.C. the Director, direct the State to make revi- SITION SERVICES. 796d(b)(5)) is amended to read as follows: sions to the plan to improve performance; The Rehabilitation Act of 1973 is amended ‘‘(5) CHAIRPERSON.—The Council shall se- and’’. by inserting after section 110 (29 U.S.C. 730) lect a chairperson from among the voting (b) CONFORMING AMENDMENTS.—Section 107 the following: membership of the Council.’’. of the Rehabilitation Act of 1973 (29 U.S.C. ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRAN- 727) is amended— SITION SERVICES. SEC. ll92. AUTHORIZATIONS OF APPROPRIA- TIONS. (1) in subsections (a)(1)(B) and (b)(2), by ‘‘Each State shall reserve not less than 10 The Rehabilitation Act of 1973 (29 U.S.C. striking ‘‘evaluation standards’’ and insert- percent of the funds allotted to the State 701 et seq.) is further amended— ing ‘‘performance standards’’; and under section 110(a) to carry out programs or (1) in section 100 (29 U.S.C. 720)— (2) in subsection (c)(1)(B), by striking ‘‘an activities under sections 101(a)(26)(B) and (A) in subsection (b)(1), by striking ‘‘such evaluation standard’’ and inserting ‘‘a per- 103(b)(6).’’. sums as may be necessary for fiscal years formance standard’’. SEC. ll87. CLIENT ASSISTANCE PROGRAM. 1999 through 2003’’ and inserting Section 112(e)(1) of the Rehabilitation Act SEC. ll84. EXPENDITURE OF CERTAIN ‘‘$3,066,192,000 for fiscal year 2015 and each of AMOUNTS. of 1973 (29 U.S.C. 732(e)(1)) is amended by re- the 6 succeeding fiscal years’’; and designating subparagraph (D) as subpara- Section 108(a) of the Rehabilitation Act of (B) in subsection (d)(1)(B), by striking graph (E) and inserting after subparagraph 1973 (29 U.S.C. 728(a)) is amended by striking ‘‘2003’’ and inserting ‘‘2021’’; (C) the following: ‘‘under part B of title VI, or’’. (2) in section 110(c) (29 U.S.C. 730(c)), by ‘‘(D) The Secretary shall make grants to SEC. ll85. COLLABORATION WITH INDUSTRY. amending paragraph (2) to read as follows: The Rehabilitation Act of 1973 is amended the protection and advocacy system serving ‘‘(2) The sum referred to in paragraph (1) by inserting after section 109 (29 U.S.C. 728a) the American Indian Consortium under the shall be, as determined by the Secretary, not the following: Developmental Disabilities and Bill of less than 1 percent and not more than 1.5 ‘‘SEC. 109A. COLLABORATION WITH INDUSTRY. Rights Act of 2000 (42 U.S.C. 15001 et seq.) to percent of the amount referred to in para- provide services in accordance with this sec- ‘‘(a) ELIGIBLE ENTITY DEFINED.—For the graph (1) for each of fiscal years 2015 through purposes of this section, the term ‘eligible tion, as determined by the Secretary. The 2020.’’; entity’ means a for-profit business, alone or amount of such grants shall be the same as (3) in section 112(h) (29 U.S.C. 732(h)), by in partnership with one or more of the fol- the amount provided to territories under striking ‘‘such sums as may be necessary for lowing: this subsection.’’. fiscal years 1999 through 2003’’ and inserting ‘‘(1) Community rehabilitation program SEC. ll88. RESEARCH. ‘‘$11,600,000 for fiscal year 2015 and each of providers. Section 204(a)(2)(A) of the Rehabilitation the 6 succeeding fiscal years’’; ‘‘(2) Indian tribes. Act of 1973 (29 U.S.C. 764(a)(2)(A)) is amended (4) by amending subsection (a) of section ‘‘(3) Tribal organizations. by striking ‘‘VI,’’. 201 (29 U.S.C. 761(a)) to read as follows: ‘‘(a) ‘‘(b) AUTHORITY.—A State shall use not less SEC. ll89. TITLE III AMENDMENTS. There are authorized to be appropriated than one-half of one percent of the payment Title III of the Rehabilitation Act of 1973 $103,125,000 for fiscal year 2015 and each of the State receives under section 111 for a fis- (29 U.S.C. 771 et seq.) is amended— the 6 succeeding fiscal years to carry out cal year to award grants to eligible entities (1) in section 301(a) (21 U.S.C. 771(a))— this title.’’; to pay for the Federal share of the cost of (A) in paragraph (2), by inserting ‘‘and’’ at (5) in section 302(i) (29 U.S.C. 772(i)), by carrying out collaborative programs, to cre- the end; striking ‘‘such sums as may be necessary for ate practical job and career readiness and (B) by striking paragraphs (3) and (4); and each of the fiscal years 1999 through 2003’’ training programs, and to provide job place- (C) by redesignating paragraph (5) as para- and inserting ‘‘$33,657,000 for fiscal year 2015 ments and career advancement. graph (3); and each of the 6 succeeding fiscal years’’; ‘‘(c) AWARDS.—Grants under this section (2) in section 302 (29 U.S.C. 772)— (6) in section 303(e) (29 U.S.C. 773(e)), by shall— (A) in subsection (g)— striking ‘‘such sums as may be necessary for ‘‘(1) be awarded for a period not to exceed (i) in the heading, by striking ‘‘AND IN- each of the fiscal years 1999 through 2003’’ 5 years; and SERVICE TRAINING’’; and and inserting ‘‘$5,046,000 for fiscal year 2015 ‘‘(2) be awarded competitively. (ii) by striking paragraph (3); and and each of the 6 succeeding fiscal years’’;

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1967 (7) in section 405 (29 U.S.C. 785), by striking fore receiving such training services, such pollution regulations will result in net job ‘‘such sums as may be necessary for each of individuals have exhausted funds received creation, implementation of the air pollu- the fiscal years 1999 through 2003’’ and in- through the Federal Pell Grant program tion regulations will actually require bil- serting ‘‘$3,081,000 for fiscal year 2015 and under title IV of the Higher Education Act of lions of dollars in compliance costs, result- each of the 6 succeeding fiscal years’’; 1965 (20 U.S.C. 1070 et seq.); and ing in reduced business profits and millions (8) in section 502(j) (29 U.S.C. 792(j)), by (2) makes appropriate recommendations of actual job losses; striking ‘‘such sums as may be necessary for with respect to the matters evaluated under (3)(A) the analysis of the Environmental each of the fiscal years 1999 through 2003’’ paragraph (1). Protection Agency of the final rule of the and inserting ‘‘$7,013,000 for fiscal year 2015 SEC. ll97. STUDY BY THE COMPTROLLER GEN- Agency entitled ‘‘National Emission Stand- and each of the 6 succeeding fiscal years’’; ERAL ON ADMINISTRATIVE COST ards for Hazardous Air Pollutants From (9) in section 509(l) (29 U.S.C. 794e(l)), by SAVINGS. Coal- and Oil-Fired Electric Utility Steam striking ‘‘such sums as may be necessary for (a) STUDY.—Not later than 12 months after Generating Units and Standards of Perform- each of the fiscal years 1999 through 2003’’ the date of the enactment of this Act, the Comptroller General of the United States and inserting ‘‘$17,088,000 for fiscal year 2015 ance for Fossil-Fuel-Fired Electric Utility, shall complete and submit to the Committee and each of the 6 succeeding fiscal years’’; Industrial-Commercial-Institutional, and on Education and the Workforce of the Small Industrial-Commercial-Institutional (10) in section 714 (29 U.S.C. 796e–3), by House of Representatives and the Committee striking ‘‘such sums as may be necessary for Steam Generating Units’’ (77 Fed. Reg. 9304 on Health, Education, Labor, and Pensions of (Feb. 16, 2012)) estimated that implementa- each of the fiscal years 1999 through 2003’’ the Senate a report that— tion of the final rule would result in the cre- and inserting ‘‘$22,137,000 for fiscal year 2015 (1) determines the amount of administra- and each of the 6 succeeding fiscal years’’; tive costs at the Federal and State levels for ation of 46,000 temporary construction jobs (11) in section 727 (29 U.S.C. 796f–6), by the most recent fiscal year for which satis- and 8,000 net new permanent jobs; but striking ‘‘such sums as may be necessary for factory data are available for— (B) a private study conducted by NERA each of the fiscal years 1999 through 2003’’ (A) each of the programs authorized under Economic Consulting, using a ‘‘whole econ- and inserting ‘‘$75,772,000 for fiscal year 2015 the Workforce Investment Act of 1998 (29 omy’’ model, estimated that implementation and each of the 6 succeeding fiscal years’’; U.S.C. 2801 et seq.) or repealed under section of the final rule described in subparagraph and l71, as such programs were in effect for such (A) would result in a negative impact on the (12) in section 753 (29 U.S.C. 796l), by strik- fiscal year; and income of workers in an amount equivalent ing ‘‘such sums as may be necessary for each (B) each of the programs described in sub- to 180,000 to 215,000 lost jobs in 2015 and 50,000 of the fiscal years 1999 through 2003’’ and in- paragraph (A) that have been repealed or to 85,000 lost jobs each year thereafter; serting ‘‘$32,239,000 for fiscal year 2015 and consolidated on or after the date of enact- (4)(A) the analysis of the Environmental each of the 6 succeeding fiscal years’’. ment of this Act; Protection Agency of the final rule of the SEC. ll93. CONFORMING AMENDMENTS. (2) determines the amount of administra- Section 1(b) of the Rehabilitation Act of Agency entitled ‘‘Federal Implementation tive cost savings at the Federal and State 1973 is amended— Plans: Interstate Transport of Fine Particu- levels as a result of repealing and consoli- (1) by inserting after the item relating to late Matter and Ozone and Correction of SIP dating programs by calculating the dif- section 109 the following: Approvals’’ (76 Fed. Reg. 48208 (Aug. 8, 2011)) ferences in the amount of administrative ‘‘Sec. 109A. Collaboration with industry.’’; estimated that implementation of the final costs between subparagraph (A) and subpara- rule would result in the creation of 700 jobs graph (B) of paragraph (1); and (2) by inserting after the item relating to per year; but section 110 the following: (3) estimates the administrative cost sav- (B) a private study conducted by NERA ings at the Federal and State levels for a fis- ‘‘Sec. 110A. Reservation for expanded tran- Economic Consulting estimated that imple- sition services.’’; cal year as a result of States consolidating amounts under section 501(e) of the Work- mentation of the final rule described in sub- (3) by striking the item related to section force Investment Act of 1998 (20 U.S.C. paragraph (A) would result in the elimi- 304 and inserting the following: 9271(e)) to reduce inefficiencies in the admin- nation of a total of 34,000 jobs during the pe- ‘‘Sec. 304. Measuring of project outcomes istration of federally-funded State and local riod beginning in calendar year 2013 and end- and performance.’’; employment and training programs. ing in calendar year 2037; (4) by striking the items related to sec- (b) DEFINITION.—For purposes of this sec- (5)(A) the analysis of the Environmental tions 305 and 306; tion, the term ‘‘administrative costs’’ has Protection Agency of the final rules of the (5) by striking the items related to title the meaning given the term in section 101 of Agency entitled ‘‘National Emission Stand- VI; and the Workforce Investment Act of 1998 (29 ards for Hazardous Air Pollutants for Major (6) by striking the item related to section U.S.C. 2801). Sources: Industrial, Commercial, and Insti- 706 and inserting the following: SA 2890. Mr. INHOFE (for himself, tutional Boilers and Process Heaters’’(76 Fed. Reg. 15608 (March 21, 2011)) and ‘‘Na- ‘‘Sec. 706. Responsibilities of the Direc- Mr. MCCONNELL, Mr. CORNYN, Mr. tor.’’. tional Emission Standards for Hazardous Air THUNE, Mr. BARRASSO, Mr. BLUNT, Mr. Pollutants for Area Sources: Industrial, Subtitle F—Studies by the Comptroller VITTER, Mr. HOEVEN, Mr. CRAPO, Mr. General Commercial, and Institutional Boilers’’ (76 CHAMBLISS, Mr. COATS, Mr. COBURN, SEC. ll96. STUDY BY THE COMPTROLLER GEN- Fed. Reg. 15554 (March 21, 2011)) estimated ERAL ON EXHAUSTING FEDERAL Mr. CRUZ, Mr. FLAKE, Mr. ISAKSON, Mr. that implementation of the final rules would PELL GRANTS BEFORE ACCESSING JOHNSON of Wisconsin, Mr. MORAN, Mr. result in the creation of 2,200 jobs per year; WIA FUNDS. RISCH, Mr. SCOTT, Mr. SHELBY, Mr. but Not later than 12 months after the date of ENZI, Mr. COCHRAN, Mr. LEE, Mr. (B) a private study conducted by NERA enactment of this Act, the Comptroller Gen- JOHANNS, Mr. ROBERTS, Mr. WICKER, eral of the United States shall complete and Economic Consulting estimated that imple- Mr. BOOZMAN, Mr. BURR, and Mr. GRA- submit to the Committee on Education and mentation of the final rules described in sub- the Workforce of the House of Representa- HAM) submitted an amendment in- paragraph (A) would result in the elimi- tives and the Committee on Health, Edu- tended to be proposed by him to the nation of 28,000 jobs per year during the pe- cation, Labor, and Pensions of the Senate a bill S. 2149, to provide for the extension riod beginning in calendar year 2013 and end- report that— of certain unemployment benefits, and ing in calendar year 2037; (1) evaluates the effectiveness of subpara- for other purposes; which was ordered (6) implementation of certain air pollution graph (B) of section 134(d)(4) of the Work- to lie on the table; as follows: rules of the Environmental Protection Agen- force Investment Act of 1998 (29 U.S.C. At the end, add the following: cy that have not been reviewed, updated, or 2864(d)(4)(B)) (as such subparagraph was in SEC. lll. ANALYSIS OF EMPLOYMENT EFFECTS finalized as of the date of enactment of this effect on the day before the date of enact- UNDER THE CLEAN AIR ACT. Act, such as regulations on greenhouse gas ment of this Act), including— (a) FINDINGS.—Congress finds that— emissions and the update or review of na- (A) a review of the regulations and guid- (1) the Environmental Protection Agency tional ambient air quality standards, are ance issued by the Secretary of Labor to has systematically distorted the true impact predicted to result in significant and nega- State and local areas on how to comply with of regulations promulgated by the Environ- tive employment impacts, but the Agency such subparagraph; mental Protection Agency under the Clean has not yet fully studied or disclosed the full (B) a review of State policies to determine Air Act (42 U.S.C. 7401 et seq.) on job cre- impacts of existing Agency regulations; how local areas are required to comply with ation by using incomplete analyses to assess (7) in reviewing, developing, or updating such subparagraph; effects on employment, primarily as a result any regulations promulgated under the (C) a review of local area policies to deter- of the Environmental Protection Agency mine how one-stop operators are required to failing to take into account the cascading ef- Clean Air Act (42 U.S.C. 7401 et seq.) after the comply with such subparagraph; and fects of a regulatory change across inter- date of enactment of this Act, the Environ- (D) a review of a sampling of individuals connected industries and markets nation- mental Protection Agency must be required receiving training services under section wide; to accurately disclose the adverse impact 134(d)(4) of the Workforce Investment Act of (2) despite the Environmental Protection the existing regulations of the Agency will 1998 (29 U.S.C. 2864(d)(4)) to determine if, be- Agency finding that the impact of certain air have on jobs and employment levels across

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1968 CONGRESSIONAL RECORD — SENATE April 1, 2014 the economy in the United States and dis- Final Supplemental Environmental Impact issue or promulgate any guideline or regula- close those impacts to the American people Statement for the Keystone XL Project tion relating to oil or gas exploration or pro- before issuing a final rule; and issued in January 2014, regarding the crude duction on Federal land in a State if the (8) although since 1977, section 321(a) of the oil pipeline and appurtenant facilities associ- State has otherwise met the requirements Clean Air Act (42 U.S.C. 7621(a)) has required ated with the facilities described in sub- under this Act or any other applicable Fed- the Administrator of the Environmental section (a), shall be considered to satisfy— eral law. Protection Agency to ‘‘conduct continuing (1) all requirements of the National Envi- ‘‘(b) EXCEPTION.—The Secretary may issue evaluations of potential loss or shifts of em- ronmental Policy Act of 1969 (42 U.S.C. 4321 or promulgate guidelines and regulations re- ployment which may result from the admin- et seq.); and lating to oil or gas exploration or production istration or enforcement of the provision of (2) any other provision of law that requires on Federal land in a State if the Secretary of [the Clean Air Act] and applicable implemen- Federal agency consultation or review with the Interior determines that as a result of tation plans, including where appropriate, respect to the facilities described in sub- the oil or gas exploration or production investigating threatened plant closures or section (a) and the related facilities in the there is an imminent and substantial danger reductions in employment allegedly result- United States. to the public health or environment.’’. ing from such administration or enforce- (d) PERMITS.—Any Federal permit or au- SEC. ll. REGULATIONS. ment’’, the Environmental Protection Agen- thorization issued before the date of enact- Part E of the Safe Drinking Water Act (42 cy has failed to undertake that analysis or ment of this Act for the facilities described U.S.C. 300j et seq.) is amended by adding at conduct a comprehensive study that con- in subsection (a), and the related facilities in the end the following: siders the impact of programs carried out the United States shall remain in effect. ‘‘SEC. 1459. REGULATIONS. (e) FEDERAL JUDICIAL REVIEW.—The facili- under the Clean Air Act (42 U.S.C. 7401 et ‘‘(a) COMMENTS RELATING TO OIL AND GAS ties described in subsection (a), and the re- seq.) on jobs and changes in employment. EXPLORATION AND PRODUCTION.—Before lated facilities in the United States, that are (b) PROHIBITION.—The Administrator of the issuing or promulgating any guideline or approved by this section, and any permit, Environmental Protection Agency shall not regulation relating to oil and gas exploration right-of-way, or other action taken to con- propose or finalize any major rule (as defined and production on Federal, State, tribal, or struct or complete the project pursuant to in section 804 of title 5, United States Code) fee land pursuant to this Act, the Federal Federal law, shall only be subject to judicial under the Clean Air Act (42 U.S.C. 7401 et Water Pollution Control Act (33 U.S.C. 1251 review on direct appeal to the United States seq.) until after the date on which the Ad- et seq.), the Clean Air Act (42 U.S.C. 7401 et Court of Appeals for the District of Columbia ministrator— seq.), the Act entitled ‘An Act to regulate Circuit. (1) completes an economy-wide analysis the leasing of certain Indian lands for min- capturing the costs and cascading effects SEC. 14. EXPEDITED APPROVAL OF EXPOR- ing purposes’, approved May 11, 1938 (com- across industry sectors and markets in the TATION OF NATURAL GAS TO UKRAINE AND NORTH ATLANTIC monly known as the ‘Indian Mineral Leasing United States of the implementation of Act of 1938’) (25 U.S.C. 396a et seq.), the Min- major rules promulgated under the Clean Air TREATY ORGANIZATION MEMBER COUNTRIES AND JAPAN. eral Leasing Act (30 U.S.C. 181 et seq.), or Act (42 U.S.C. 7401 et seq.); and (a) IN GENERAL.—In accordance with clause any other provision of law or Executive (2) establishes a process to update that 3 of section 8 of article I of the Constitution order, the head of a Federal department or analysis not less frequently than semiannu- of the United States (delegating to Congress agency shall seek comments from and con- ally, so as to provide for the continuing eval- the power to regulate commerce with foreign sult with the head of each affected State, uation of potential loss or shifts in employ- nations), Congress finds that exports of nat- State agency, and Indian tribe at a location ment, pursuant to section 321(a) of the Clean ural gas produced in the United States to within the jurisdiction of the State or Indian Air Act (42 U.S.C. 7621(a)), that may result Ukraine, member countries of the North At- tribe, as applicable. from the implementation of major rules lantic Treaty Organization, and Japan is— ‘‘(b) STATEMENT OF ENERGY AND ECONOMIC under the Clean Air Act (42 U.S.C. 7401 et (1) necessary for the protection of the es- IMPACT.—Each Federal department or agen- seq.). sential security interests of the United cy described in subsection (a) shall develop a SA 2891. Mr. HOEVEN (for himself, States; and Statement of Energy and Economic Impact, (2) in the public interest pursuant to sec- which shall consist of a detailed statement Mr. BARRASSO, Ms. MURKOWSKI, Mr. tion 3 of the Natural Gas Act (15 U.S.C. 717b). and analysis supported by credible objective INHOFE, Mr. VITTER, and Mr. CORNYN) (b) EXPEDITED APPROVAL.—Section 3(c) of evidence relating to— submitted an amendment intended to the Natural Gas Act (15 U.S.C. 717b(c)) is ‘‘(1) any adverse effects on energy supply, be proposed by him to the bill H.R. amended by inserting ‘‘, to Ukraine, to a distribution, or use, including a shortfall in 3979, to amend the Internal Revenue member country of the North Atlantic Trea- supply, price increases, and increased use of Code of 1986 to ensure that emergency ty Organization, or to Japan’’ after ‘‘trade in foreign supplies; and services volunteers are not taken into natural gas’’. ‘‘(2) any impact on the domestic economy account as employees under the shared (c) EFFECTIVE DATE.—The amendment if the action is taken, including the loss of made by subsection (b) shall apply to appli- jobs and decrease of revenue to each of the responsibility requirements contained cations for the authorization to export nat- general and educational funds of the State or in the Patient Protection and Afford- ural gas under section 3 of the Natural Gas affected Indian tribe. able Care Act; which was ordered to lie Act (15 U.S.C. 717b) that are pending on, or ‘‘(c) REGULATIONS.— on the table; as follows: filed on or after, the date of the enactment ‘‘(1) IN GENERAL.—A Federal department or At the end of the amendment, add the fol- of this Act. agency shall not impose any new or modified lowing: regulation unless the head of the applicable SEC. 13. KEYSTONE XL PERMIT APPROVAL. SA 2892. Mr. HOEVEN submitted an Federal department or agency determines— (a) IN GENERAL.—In accordance with clause amendment intended to be proposed by ‘‘(A) that the rule is necessary to prevent 3 of section 8 of article I of the Constitution him to the bill H.R. 3979, to amend the imminent substantial danger to the public (delegating to Congress the power to regu- Internal Revenue Code of 1986 to ensure health or the environment; and late commerce with foreign nations), Trans- that emergency services volunteers are ‘‘(B) by clear and convincing evidence, that Canada Keystone Pipeline, L.P. is authorized not taken into account as employees the State or Indian tribe does not have an existing reasonable alternative to the pro- to construct, connect, operate, and maintain under the shared responsibility re- pipeline facilities for the import of crude oil posed regulation. and other hydrocarbons at the United quirements contained in the Patient ‘‘(2) DISCLOSURE.—Any Federal regulation States-Canada Border at Phillips County, Protection and Affordable Care Act; promulgated on or after the date of enact- Montana, in accordance with the application which was ordered to lie on the table; ment of this paragraph that requires disclo- filed with the Department of State on May 4, as follows: sure of hydraulic fracturing chemicals shall 2012. At the end of the amendment, add the fol- refer to the database managed by the Ground (b) PRESIDENTIAL PERMIT NOT REQUIRED.— lowing: Water Protection Council and the Interstate Notwithstanding Executive Order No. 13337 (3 SEC. ll. REGULATION OF OIL OR NATURAL GAS Oil and Gas Compact Commission (as in ef- U.S.C. 301 note), Executive Order No. 11423 (3 DEVELOPMENT ON FEDERAL LAND fect on the date of enactment of this Act). U.S.C. 301 note), section 301 of title 3, United IN STATES. ‘‘(d) JUDICIAL REVIEW.— States Code, and any other Executive order The Mineral Leasing Act is amended— ‘‘(1) IN GENERAL.—With respect to any reg- or provision of law, no presidential permit (1) by redesignating section 44 (30 U.S.C. ulation described in this section, a State or shall be required for the facilities described 181 note) as section 45; and Indian tribe adversely affected by an action in subsection (a). (2) by inserting after section 43 (30 U.S.C. carried out under the regulation shall be en- (c) ENVIRONMENTAL IMPACT STATEMENT.— 226–3) the following: titled to review by a United States district The final environmental impact statement ‘‘SEC. 44. REGULATION OF OIL OR NATURAL GAS court located in the State or the District of issued by the Secretary of State on August DEVELOPMENT ON FEDERAL LAND Columbia of compliance by the applicable 26, 2011, the Final Evaluation Report issued IN STATES. Federal department or agency with the re- by the Nebraska Department of Environ- ‘‘(a) IN GENERAL.—Subject to subsection quirements of this section. mental Quality on January 3, 2013, and the (b), the Secretary of the Interior shall not ‘‘(2) ACTION BY COURT.—

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‘‘(A) IN GENERAL.—A district court pro- (2) The Secretary of Transportation, acting section 109 of the Clean Air Act (42 U.S.C. viding review under this subsection may en- through the Administrator of the National 7409). join or mandate any action by a relevant Highway Traffic Safety Administration. (b) SCOPE.—The Committee shall conduct Federal department or agency until the dis- (3) The Secretary of Commerce, acting analyses, for each of calendar years 2016 and trict court determines that the department through the Chief Economist and the Under 2020, of the prospective cumulative impact of or agency has complied with the require- Secretary for International Trade. all covered rules and covered actions. ments of this section. (4) The Secretary of Labor, acting through (c) CONTENTS.—The Committee shall in- ‘‘(B) DAMAGES.—The court shall not order the Commissioner of the Bureau of Labor clude in each analysis conducted under this money damages. Statistics. section— ‘‘(3) SCOPE AND STANDARD OF REVIEW.—In (5) The Secretary of the Treasury, acting (1) estimates of the cumulative impacts of reviewing a regulation under this sub- through the Deputy Assistant Secretary for the covered rules and covered actions relat- section— Environment and Energy of the Department ing to— ‘‘(A) the court shall not consider any evi- of the Treasury. (A) any resulting change in the national, dence outside of the record that was before (6) The Secretary of Agriculture, acting State, or regional price of gasoline, diesel the agency; and through the Chief Economist. fuel, or natural gas; ‘‘(B) the standard of review shall be de (7) The Administrator of the Environ- (B) required capital investments and pro- novo.’’. mental Protection Agency. jected costs for operation and maintenance (8) The Chairman of the United States of new equipment required to be installed; SA 2893. Mr. CRAPO submitted an International Trade Commission, acting (C) global economic competitiveness of the amendment intended to be proposed by through the Director of the Office of Eco- United States and any loss of domestic refin- him to the bill H.R. 3979, to amend the nomics. ing capacity; Internal Revenue Code of 1986 to ensure (9) The Administrator of the Energy Infor- (D) other cumulative costs and cumulative mation Administration. benefits, including evaluation through a gen- that emergency services volunteers are eral equilibrium model approach; not taken into account as employees (c) CONSULTATION BY CHAIR.—In carrying out the functions of the Chair of the Com- (E) national, State, and regional employ- under the shared responsibility re- mittee, the Chair shall consult with the ment, including impacts associated with quirements contained in the Patient other members of the Committee. changes in gasoline, diesel fuel, or natural Protection and Affordable Care Act; (d) CONSULTATION BY COMMITTEE.—In car- gas prices and facility closures; and which was ordered to lie on the table; rying out this title, the Committee shall (F) any other matters affecting the as follows: consult with the National Energy Tech- growth, stability, and sustainability of the oil and gas industries of the United States, At the end, add the following: nology Laboratory. (e) TERMINATION.—The Committee shall particularly relative to that of other na- SEC. ll. PROHIBITION ON CERTAIN TAXES, terminate on the date that is 60 days after tions; FEES, AND PENALTIES ENACTED (2) an analysis of key uncertainties and as- UNDER THE AFFORDABLE CARE the date of submission of the final report of ACT. the Committee pursuant to section 2104(c). sumptions associated with each estimate under paragraph (1); No tax, fee, or penalty imposed or enacted SEC. 2103. ANALYSES. (3) a sensitivity analysis reflecting alter- under the Patient Protection and Affordable (a) DEFINITIONS.—In this section: native assumptions with respect to the ag- Care Act shall be implemented, adminis- (1) COVERED ACTION.—The term ‘‘covered gregate demand for gasoline, diesel fuel, or tered, or enforced unless there has been a action’’ means any action, to the extent that natural gas; and certification by the Joint Committee on the action affects facilities involved in the (4) an analysis and, if feasible, an assess- Taxation that such provision would not have production, transportation, or distribution ment of— a direct or indirect economic impact on indi- of gasoline, diesel fuel, or natural gas, taken (A) the cumulative impact of the covered viduals with an annual income of less than on or after January 1, 2009, by the Adminis- rules and covered actions on— $200,000 or families with an annual income of trator of the Environmental Protection (i) consumers; less than $250,000. Agency, a State, a local government, or a (ii) small businesses; permitting agency as a result of the applica- (iii) regional economies; SA 2894. Mr. HOEVEN submitted an tion of part C of title I (relating to preven- (iv) State, local, and tribal governments; amendment intended to be proposed by tion of significant deterioration of air qual- (v) low-income communities; him to the bill H.R. 3979, to amend the ity), or title V (relating to permitting), of (vi) public health; and the Clean Air Act (42 U.S.C. 7401 et seq.), to Internal Revenue Code of 1986 to ensure (vii) local and industry-specific labor mar- an air pollutant that is identified as a green- that emergency services volunteers are kets; and house gas in the rule entitled not taken into account as employees (B) key uncertainties associated with each ‘‘Endangerment and Cause or Contribute under the shared responsibility re- topic described in subparagraph (A). Findings for Greenhouse Gases Under Sec- quirements contained in the Patient (d) METHODS.—In conducting analyses tion 202(a) of the Clean Air Act’’ (74 Fed. under this section, the Committee shall use Protection and Affordable Care Act; Reg. 66496 (December 15, 2009)). which was ordered to lie on the table; the best available methods, consistent with (2) COVERED RULE.—The term ‘‘covered guidance from the Office of Information and as follows: rule’’ means the following rules (and in- Regulatory Affairs and the Office of Manage- At the end of the amendment, add the fol- cludes any successor or substantially similar ment and Budget Circular A–4. lowing: rules): (e) DATA.—In conducting analyses under DIVISION B—DOMESTIC ENERGY AND (A) ‘‘Control of Air Pollution From New this section, the Committee shall not be re- JOBS Motor Vehicles: Tier 3 Motor Vehicle Emis- quired to create data or to use data that is sion and Fuel Standards’’, as described in the not readily accessible. SEC. 2001. SHORT TITLE. Unified Agenda of Federal Regulatory and SEC. 2104. REPORTS; PUBLIC COMMENT. This division may be cited as the ‘‘Domes- Deregulatory Actions under Regulatory tic Energy and Jobs Act’’. (a) PRELIMINARY REPORT.—Not later than Identification Number 2060–AQ86. 90 days after the date of enactment of this TITLE I—IMPACTS OF EPA RULES AND (B) ‘‘National Ambient Air Quality Stand- Act, the Committee shall make public and ACTIONS ON ENERGY PRICES ards for Ozone’’ (73 Fed. Reg. 16436 (March 27, submit to the Committee on Energy and SEC. 2101. SHORT TITLE. 2008)). Commerce of the House of Representatives This title may be cited as the ‘‘Gasoline (C) ‘‘Reconsideration of the 2008 Ozone Pri- and the Committee on Environment and Regulations Act of 2013’’. mary and Secondary National Ambient Air Public Works of the Senate a preliminary re- SEC. 2102. TRANSPORTATION FUELS REGU- Quality Standards’’, as described in the Uni- port containing the results of the analyses LATORY COMMITTEE. fied Agenda of Federal Regulatory and De- conducted under section 2103. (a) ESTABLISHMENT.—The President shall regulatory Actions under Regulatory Identi- (b) PUBLIC COMMENT PERIOD.—The Com- establish a committee, to be known as the fication Number 2060–AP98. mittee shall accept public comments regard- Transportation Fuels Regulatory Committee (D) Any rule proposed after March 15, 2012, ing the preliminary report submitted under (referred to in this title as the ‘‘Com- establishing or revising a standard of per- subsection (a) for a period of 60 days after mittee’’), to analyze and report on the cumu- formance or emission standard under section the date on which the preliminary report is lative impacts of certain rules and actions of 111 or 112 of the Clean Air Act (42 U.S.C. 7411, submitted. the Environmental Protection Agency on 7412) applicable to petroleum refineries. (c) FINAL REPORT.—Not later than 60 days gasoline, diesel fuel, and natural gas prices, (E) Any rule proposed after March 15, 2012, after the expiration of the 60-day period de- in accordance with sections 2103 and 2104. to implement any portion of the renewable scribed in subsection (b), the Committee (b) MEMBERS.—The Committee shall be fuel program under section 211(o) of the shall submit to Congress a final report con- composed of the following officials (or their Clean Air Act (42 U.S.C. 7545(o)). taining the analyses conducted under section designees): (F) Any rule proposed after March 15, 2012, 2103, including— (1) The Secretary of Energy, who shall revising or supplementing the national am- (1) any revisions to the analyses made as a serve as the Chair of the Committee. bient air quality standards for ozone under result of public comments; and

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ONSHORE DOMESTIC ENERGY PRO- that is at least 180 days after the date on Indian tribe; and which the Committee submits the final re- DUCTION STRATEGIC PLAN. The Mineral Leasing Act is amended— ‘‘(7) domestic production of geothermal, port under section 2104(c): solar, wind, or other renewable energy (1) ‘‘Control of Air Pollution From New (1) by redesignating section 44 (30 U.S.C. 181 note) as section 45; and sources on land defined as available lands Motor Vehicles: Tier 3 Motor Vehicle Emis- under section 203 of the Hawaiian Homes sion and Fuel Standards’’, as described in the (2) by inserting after section 43 (30 U.S.C. 226–3) the following: Commission Act, 1920 (42 Stat. 109, chapter Unified Agenda of Federal Regulatory and 42), and any other land considered by the ‘‘SEC. 44. QUADRENNIAL STRATEGIC FEDERAL Deregulatory Actions under Regulatory Territory or State of Hawaii, as the case Identification Number 2060–AQ86, and any ONSHORE ENERGY PRODUCTION STRATEGY. may be, to be available lands. successor or substantially similar rule. ‘‘(e) METHODOLOGY.—The Secretary shall ‘‘(a) DEFINITIONS.—In this section: (2) Any rule proposed after March 15, 2012, consult with the Administrator of the En- ‘‘(1) SECRETARY.—The term ‘Secretary’ establishing or revising a standard of per- ergy Information Administration regarding means the Secretary of the Interior. formance or emission standard under section the methodology used to arrive at the esti- ‘‘(2) STRATEGIC AND CRITICAL ENERGY MIN- 111 or 112 of the Clean Air Act (42 U.S.C. 7411, mates made by the Secretary to carry out ERALS.—The term ‘strategic and critical en- 7412) that is applicable to petroleum refin- this section. ergy minerals’ means— eries. ‘‘(f) EXPANSION OF PLAN.—The Secretary (3) Any rule revising or supplementing the ‘‘(A) minerals that are necessary for the may expand a Strategy to include other en- national ambient air quality standards for energy infrastructure of the United States, ergy production technology sources or ad- ozone under section 109 of the Clean Air Act including pipelines, refining capacity, elec- vancements in energy production on Federal (42 U.S.C. 7409). trical power generation and transmission, land. and renewable energy production; and ‘‘(g) TRIBAL OBJECTIVES.— (b) OTHER RULES NOT AFFECTED.—Sub- ‘‘(B) minerals that are necessary to sup- section (a) shall not affect the finalization of ‘‘(1) IN GENERAL.—It is the sense of Con- port domestic manufacturing, including ma- gress that federally recognized Indian tribes any rule other than the rules described in terials used in energy generation, produc- subsection (a). may elect to set the production objectives of tion, and transportation. the Indian tribes as part of a Strategy under SEC. 2106. CONSIDERATION OF FEASIBILITY AND ‘‘(3) STRATEGY.—The term ‘Strategy’ this section. COST IN REVISING OR means the Quadrennial Federal Onshore En- ‘‘(2) COOPERATION.—The Secretary shall SUPPLEMENTING NATIONAL AMBI- ergy Production Strategy required under work in cooperation with any federally rec- ENT AIR QUALITY STANDARDS FOR this section. OZONE. ognized Indian tribe that elects to partici- ‘‘(b) STRATEGY.— pate in achieving the strategic energy objec- In revising or supplementing any national ‘‘(1) IN GENERAL.—The Secretary, in con- tives of the Indian tribe under this sub- primary or secondary ambient air quality sultation with the Secretary of Agriculture section. standards for ozone under section 109 of the with regard to land administered by the For- ‘‘(h) EXECUTION OF STRATEGY.— Clean Air Act (42 U.S.C. 7409), the Adminis- est Service, shall develop and publish every 4 ‘‘(1) DEFINITION OF SECRETARY CONCERNED.— trator of the Environmental Protection years a Quadrennial Federal Onshore Energy In this subsection, the term ‘Secretary con- Agency shall take into consideration feasi- Production Strategy. cerned’ means— bility and cost. ‘‘(2) ENERGY SECURITY.—The Strategy shall ‘‘(A) the Secretary of Agriculture (acting SEC. 2107. FUEL REQUIREMENTS WAIVER AND direct Federal land energy development and through the Chief of the Forest Service), STUDY. department resource allocation to promote with respect to National Forest System land; the energy security of the United States. (a) WAIVER OF FUEL REQUIREMENTS.—Sec- and ‘‘(c) PURPOSES.— tion 211(c)(4)(C) of the Clean Air Act (42 ‘‘(B) the Secretary of the Interior, with re- ‘‘(1) IN GENERAL.—In developing a Strategy, U.S.C. 7545(c)(4)(C)) is amended— spect to land managed by the Bureau of Land the Secretary shall consult with the Admin- (1) in clause (ii)(II), by inserting ‘‘a prob- Management (including land held for the istrator of the Energy Information Adminis- lem with distribution or delivery equipment benefit of an Indian tribe). tration on— that is necessary for the transportation or ‘‘(2) ADDITIONAL LAND.—The Secretary con- ‘‘(A) the projected energy demands of the delivery of fuel or fuel additives,’’ after cerned may make determinations regarding United States for the 30-year period begin- ‘‘equipment failure,’’; which additional land under the jurisdiction ning on the date of initiation of the Strat- (2) in clause (iii)(II), by inserting before of the Secretary concerned will be made egy; and the semicolon at the end the following: ‘‘(ex- available in order to meet the energy produc- ‘‘(B) how energy derived from Federal on- cept that the Administrator may extend the tion objectives established by a Strategy. shore land can place the United States on a effectiveness of a waiver for more than 20 ‘‘(3) ACTIONS.—The Secretary concerned trajectory to meet that demand during the 4- days if the Administrator determines that shall take all necessary actions to achieve year period beginning on the date of initi- the conditions under clause (ii) supporting a the energy production objectives established ation of the Strategy. waiver determination will exist for more under this section unless the President de- ‘‘(2) ENERGY SECURITY.—The Secretary than 20 days)’’; termines that it is not in the national secu- shall consider how Federal land will con- (3) by redesignating the second clause (v) rity and economic interests of the United tribute to ensuring national energy security, (relating to the authority of the Adminis- States— with a goal of increasing energy independ- trator to approve certain State implementa- ‘‘(A) to increase Federal domestic energy ence and production, during the 4-year pe- tion plans) as clause (vi); and production; and riod beginning on the date of initiation of (4) by adding at the end the following: ‘‘(B) to decrease dependence on foreign the Strategy. sources of energy. ‘‘(vii) PRESUMPTIVE APPROVAL.—Notwith- ‘‘(d) OBJECTIVES.—The Secretary shall es- ‘‘(4) LEASING.—In carrying out this sub- standing any other provision of this subpara- tablish a domestic strategic production ob- section, the Secretary concerned shall only graph, if the Administrator does not approve jective for the development of energy reconsider leasing Federal land available for or deny a request for a waiver under this sub- sources from Federal onshore land that is leasing at the time the lease sale occurs. paragraph within 3 days after receipt of the based on commercial and scientific data re- ‘‘(i) STATE, FEDERALLY RECOGNIZED INDIAN request, the request shall be deemed to be lating to the expected increase in— TRIBES, LOCAL GOVERNMENT, AND PUBLIC approved as received by the Administrator ‘‘(1) domestic production of oil and natural INPUT.—In developing a Strategy, the Sec- and the applicable fuel standards shall be gas from the Federal onshore mineral estate, retary shall solicit the input of affected waived for the period of time requested.’’. with a focus on land held by the Bureau of States, federally recognized Indian tribes, (b) FUEL SYSTEM REQUIREMENTS HARMONI- Land Management and the Forest Service; local governments, and the public. ZATION STUDY.—Section 1509 of the Energy ‘‘(2) domestic coal production from Federal ‘‘(j) ANNUAL REPORTS.— Policy Act of 2005 (Public Law 109–58; 119 land; ‘‘(1) IN GENERAL.—The Secretary shall sub- Stat. 1083) is amended— ‘‘(3) domestic production of strategic and mit to the Committee on Natural Resources (1) in subsection (a)— critical energy minerals from the Federal of the House of Representatives and the (A) in paragraph (1)(A), by inserting onshore mineral estate; Committee on Energy and Natural Resources ‘‘biofuels,’’ after ‘‘oxygenated fuel,’’; and ‘‘(4) megawatts for electricity production of the Senate an annual report describing (B) in paragraph (2)(G), by striking ‘‘Tier from each of wind, solar, biomass, hydro- the progress made in meeting the production II’’ and inserting ‘‘Tier III’’; and power, and geothermal energy produced on goals of a Strategy. (2) in subsection (b)(1), by striking ‘‘2008’’ Federal land administered by the Bureau of ‘‘(2) CONTENTS.—In a report required under and inserting ‘‘2014’’. Land Management and the Forest Service; this subsection, the Secretary shall—

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‘‘(A) make projections for production and is amended by adding at the end the fol- ‘‘(ii) NOTICE.—The notice shall— capacity installations; lowing: ‘‘(I) be in the form of a letter from the Sec- ‘‘(B) describe any problems with leasing, ‘‘(3) LEASING CERTAINTY.— retary or a designee of the Secretary; and permitting, siting, or production that will ‘‘(A) IN GENERAL.—The Secretary shall not ‘‘(II) include— prevent meeting the production goals of a withdraw approval of any covered energy ‘‘(aa) the names and positions of the per- Strategy; and project involving a lease under this Act sons processing the application; ‘‘(C) make recommendations to help meet without finding a violation of the terms of ‘‘(bb) the specific reasons for the delay; and any shortfalls in meeting the production the lease by the lessee. ‘‘(cc) a specific date on which a final deci- goals. ‘‘(B) DELAY.—The Secretary shall not in- sion on the application is expected. ‘‘(k) PROGRAMMATIC ENVIRONMENTAL IM- fringe on lease rights under leases issued ‘‘(C) NOTICE OF REASONS FOR DENIAL.—If the PACT STATEMENT.— under this Act by indefinitely delaying application is denied, the Secretary shall ‘‘(1) IN GENERAL.—Not later than 1 year issuance of project approvals, drilling and after the date of enactment of this sub- seismic permits, and rights-of-way for activi- provide the applicant— section, in accordance with section 102(2)(C) ties under a lease. ‘‘(i) a written notice that provides— of the National Environmental Policy Act of ‘‘(C) AVAILABILITY OF NOMINATED AREAS.— ‘‘(I) clear and comprehensive reasons why 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall Not later than 18 months after an area is des- the application was not accepted; and complete a programmatic environmental im- ignated as open under the applicable land use ‘‘(II) detailed information concerning any pact statement for carrying out this section. plan, the Secretary shall make available deficiencies; and ‘‘(2) COMPLIANCE.—The programmatic envi- nominated areas for lease under paragraph ‘‘(ii) an opportunity to remedy any defi- ronmental impact statement shall be consid- (2). ciencies. ered sufficient to comply with all require- ‘‘(D) ISSUANCE OF LEASES.—Notwith- ‘‘(D) APPLICATION CONSIDERED APPROVED.— ments under the National Environmental standing any other provision of law, the Sec- If the Secretary has not made a decision on Policy Act of 1969 (42 U.S.C. 4321 et seq.) for retary shall issue all leases sold under this the application by the end of the 60-day pe- all necessary resource management and land Act not later than 60 days after the last pay- riod beginning on the date the application use plans associated with the implementa- ment is made. for the permit is received by the Secretary, tion of a Strategy. ‘‘(E) CANCELLATION OR WITHDRAWAL OF ‘‘(l) CONGRESSIONAL REVIEW.— the application shall be considered approved LEASE PARCELS.—The Secretary shall not ‘‘(1) IN GENERAL.—Not later than 60 days unless applicable reviews under the National cancel or withdraw any lease parcel after a before publishing a proposed Strategy under Environmental Policy Act of 1969 (42 U.S.C. competitive lease sale has occurred and a this section, the Secretary shall submit to 4321 et seq.) or the Endangered Species Act of winning bidder has submitted the last pay- Congress and the President the proposed 1973 (16 U.S.C. 1531 et seq.) are incomplete. ment for the parcel. Strategy, together with any comments re- ‘‘(E) DENIAL OF PERMIT.—If the Secretary ‘‘(F) APPEALS.— ceived from States, federally recognized In- decides not to issue a permit to drill under ‘‘(i) IN GENERAL.—The Secretary shall com- dian tribes, and local governments. plete the review of any appeal of a lease sale this paragraph, the Secretary shall— ‘‘(2) RECOMMENDATIONS.—The submission under this Act not later than 60 days after ‘‘(i) provide to the applicant a description shall indicate why any specific recommenda- the receipt of the appeal. of the reasons for the denial of the permit; tion of a State, federally recognized Indian ‘‘(ii) CONSTRUCTIVE APPROVAL.—If the re- ‘‘(ii) allow the applicant to resubmit an ap- tribe, or local government was not accepted. view of an appeal is not conducted in accord- plication for a permit to drill during the 10- ‘‘(m) ADMINISTRATION.—Nothing in this day period beginning on the date the appli- section modifies or affects any multiuse ance with clause (i), the appeal shall be con- cant receives the description of the denial plan. sidered approved. ‘‘(n) FIRST STRATEGY.—Not later than 18 ‘‘(G) ADDITIONAL STIPULATIONS.—The Sec- from the Secretary; and months after the date of enactment of this retary may not add any additional lease stip- ‘‘(iii) issue or deny any resubmitted appli- subsection, the Secretary shall submit to ulation for a parcel after the parcel is sold cation not later than 10 days after the date Congress the first Strategy.’’. unless the Secretary— the application is submitted to the Sec- TITLE III—ONSHORE OIL AND GAS ‘‘(i) consults with the lessee and obtains retary. LEASING CERTAINTY the approval of the lessee; or ‘‘(F) FEE.— ‘‘(ii) determines that the stipulation is an SEC. 2301. SHORT TITLE. ‘‘(i) IN GENERAL.—Subject to clauses (ii) emergency action that is necessary to con- This title may be cited as the ‘‘Providing and (iii) and notwithstanding any other pro- serve the resources of the United States. Leasing Certainty for American Energy Act vision of law, the Secretary shall collect a ‘‘(4) LEASING CONSISTENCY.—A Federal land of 2013’’. single $6,500 permit processing fee per appli- manager shall comply with applicable re- SEC. 2302. MINIMUM ACREAGE REQUIREMENT cation from each applicant at the time the source management plans and continue to FOR ONSHORE LEASE SALES. final decision is made whether to issue a per- actively lease in areas designated as open Section 17 of the Mineral Leasing Act (30 mit under this paragraph. when resource management plans are being U.S.C. 226) is amended— ‘‘(ii) RESUBMITTED APPLICATIONS.—The fee (1) by striking ‘‘SEC. 17. (a) All lands’’ and amended or revised, until a new record of decision is signed.’’. described in clause (i) shall not apply to any inserting the following: resubmitted application. ‘‘SEC. 17. LEASE OF OIL AND GAS LAND. SEC. 2304. REDUCTION OF REDUNDANT POLI- CIES. ‘‘(iii) TREATMENT OF PERMIT PROCESSING ‘‘(a) AUTHORITY.— Bureau of Land Management Instruction FEE.—Subject to appropriation, of all fees ‘‘(1) IN GENERAL.—All land’’; and Memorandum 2010–117 shall have no force or collected under this paragraph, 50 percent (2) in subsection (a) (as amended by para- effect. shall be transferred to the field office where graph (1)), by adding at the end the fol- the fees are collected and used to process lowing: TITLE IV—STREAMLINED ENERGY leases, permits, and appeals under this Act.’’. ‘‘(2) MINIMUM ACREAGE REQUIREMENT FOR PERMITTING ONSHORE LEASE SALES.— SEC. 2401. SHORT TITLE. SEC. 2412. SOLAR AND WIND RIGHT-OF-WAY ‘‘(A) IN GENERAL.—In conducting lease This title may be cited as the ‘‘Stream- RENTAL REFORM. sales under this section, each year, the Sec- lining Permitting of American Energy Act of retary shall offer for sale not less than 25 2013’’. Notwithstanding any other provision of percent of the annual nominated acreage not Subtitle A—Application for Permits To Drill law, each fiscal year, of fees collected as an- previously made available for lease. Process Reform nual wind energy and solar energy right-of- ‘‘(B) REVIEW.—The offering of acreage of- SEC. 2411. PERMIT TO DRILL APPLICATION way authorization fees required under sec- fered for lease under this paragraph shall not TIMELINE. tion 504(g) of the Federal Land Policy and be subject to review. Section 17(p) of the Mineral Leasing Act Management Act of 1976 (43 U.S.C. 1764(g)), 50 ‘‘(C) CATEGORICAL EXCLUSIONS.—Acreage of- (30 U.S.C. 226(p)) is amended by striking percent shall be retained by the Secretary of fered for lease under this paragraph shall be paragraph (2) and inserting the following: the Interior to be used, subject to appropria- ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL eligible for categorical exclusions under section— REFORM AND PROCESS.— tion 390 of the Energy Policy Act of 2005 (42 (1) by the Bureau of Land Management to U.S.C. 15942), except that extraordinary cir- ‘‘(A) IN GENERAL.—Subject to subparagraph process permits, right-of-way applications, cumstances shall not be required for a cat- (B), the Secretary shall decide whether to and other activities necessary for renewable egorical exclusion under this paragraph. issue a permit to drill not later than 30 days development; and ‘‘(D) LEASING.—In carrying out this sub- after the date on which the application for section, the Secretary shall only consider the permit is received by the Secretary. (2) at the option of the Secretary of the In- leasing of Federal land that is available for ‘‘(B) EXTENSIONS.— terior, by the United States Fish and Wild- leasing at the time the lease sale occurs.’’. ‘‘(i) IN GENERAL.—The Secretary may ex- life Service or other Federal agencies in- SEC. 2303. LEASING CERTAINTY AND CONSIST- tend the period described in subparagraph volved in wind and solar permitting reviews ENCY. (A) for up to 2 periods of 15 days each, if the to facilitate the processing of wind energy Section 17(a) of the Mineral Leasing Act Secretary gives written notice of the delay and solar energy permit applications on Bu- (30 U.S.C. 226(a)) (as amended by section 2302) to the applicant. reau of Land Management land.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1972 CONGRESSIONAL RECORD — SENATE April 1, 2014 Subtitle B—Administrative Appeal planning, and environmental analyses on spective relief unless the court finds that the Documentation Reform Federal land. relief— SEC. 2421. ADMINISTRATIVE APPEAL DOCU- (e) ADDITIONAL PERSONNEL.—The Secretary (1) is narrowly drawn; MENTATION REFORM. shall assign to each Bureau of Land Manage- (2) extends no further than necessary to Section 17(p) of the Mineral Leasing Act ment field office identified under subsection correct the violation of a legal requirement; (30 U.S.C. 226(p)) is amended by adding at the (b) any additional personnel that are nec- and end the following: essary to ensure the effective approval and (3) is the least intrusive means necessary ‘‘(4) APPEAL FEE.— implementation of energy projects adminis- to correct the violation. tered by the Bureau of Land Management ‘‘(A) IN GENERAL.—The Secretary shall col- (b) PRELIMINARY INJUNCTIONS.— lect a $5,000 documentation fee to accompany field offices, including inspection and en- (1) IN GENERAL.—A court shall limit the du- each appeal of an action on a lease, right-of- forcement relating to energy development on ration of a preliminary injunction to halt a Federal land, in accordance with the mul- way, or application for permit to drill. covered energy project to not more than 60 tiple-use requirements of the Federal Land ‘‘(B) TREATMENT OF FEES.—Subject to ap- days, unless the court finds clear reasons to Policy and Management Act of 1976 (43 propriation, of all fees collected under this extend the injunction. U.S.C. 1701 et seq.). paragraph, 50 percent shall remain in the (2) EXTENSIONS.—Extensions under para- (f) FUNDING.—Funding for the additional graph (1) shall— field office where the fees are collected and personnel shall be derived from the Depart- used to process appeals.’’. (A) only be in 30-day increments; and ment of the Interior reforms made by sec- (B) require action by the court to renew Subtitle C—Permit Streamlining tions 2411, 2412, and 2421 and the amendments the injunction. SEC. 2431. FEDERAL ENERGY PERMIT COORDINA- made by those sections. SEC. 2447. LIMITATION ON ATTORNEYS’ FEES. TION. (g) SAVINGS PROVISION.—Nothing in this (a) IN GENERAL.—Sections 504 of title 5 and (a) DEFINITIONS.—In this section: section affects— 2412 of title 28, United States Code (com- NERGY PROJECTS.—The term ‘‘energy (1) the operation of any Federal or State (1) E monly known as the ‘‘Equal Access to Jus- law; or projects’’ means oil, coal, natural gas, and tice Act’’), shall not apply to a covered civil (2) any delegation of authority made by renewable energy projects. action. the head of a Federal agency whose employ- (2) PROJECT.—The term ‘‘Project’’ means (b) ATTORNEY’S FEES AND COURT COSTS.—A the Federal Permit Streamlining Project es- ees are participating in the Project. party in a covered civil action shall not re- tablished under subsection (b). SEC. 2432. ADMINISTRATION OF CURRENT LAW. ceive payment from the Federal Government (3) SECRETARY.—The term ‘‘Secretary’’ Notwithstanding any other provision of for attorney’s fees, expenses, or other court means the Secretary of the Interior. law, the Secretary of the Interior shall not costs. (b) ESTABLISHMENT.—The Secretary shall require a finding of extraordinary cir- SEC. 2448. LEGAL STANDING. establish a Federal Permit Streamlining cumstances in administering section 390 of A challenger filing an appeal with the Inte- Project in each Bureau of Land Management the Energy Policy Act of 2005 (42 U.S.C. rior Board of Land Appeals shall meet the field office with responsibility for issuing 15942). same standing requirements as a challenger permits for energy projects on Federal land. Subtitle D—Judicial Review before a United States district court. (c) MEMORANDUM OF UNDERSTANDING.— SEC. 2441. DEFINITIONS. TITLE V—EXPEDITIOUS OIL AND GAS (1) IN GENERAL.—Not later than 90 days In this title: LEASING PROGRAM IN NATIONAL PE- after the date of enactment of this Act, the (1) COVERED CIVIL ACTION.—The term ‘‘cov- TROLEUM RESERVE IN ALASKA Secretary shall enter into a memorandum of ered civil action’’ means a civil action con- understanding to carry out this section SEC. 2501. SHORT TITLE. taining a claim under section 702 of title 5, This title may be cited as the ‘‘National with— United States Code, regarding agency action (A) the Secretary of Agriculture; Petroleum Reserve Alaska Access Act’’. (as defined for the purposes of that section) SEC. 2502. SENSE OF CONGRESS REAFFIRMING (B) the Administrator of the Environ- affecting a covered energy project on Federal mental Protection Agency; and NATIONAL POLICY REGARDING NA- land. TIONAL PETROLEUM RESERVE IN (C) the Secretary of the Army, acting (2) COVERED ENERGY PROJECT.— ALASKA. through the Chief of Engineers. (A) IN GENERAL.—The term ‘‘covered en- It is the sense of Congress that— (2) STATE PARTICIPATION.—The Secretary ergy project’’ means the leasing of Federal (1) the National Petroleum Reserve in the may request the Governor of any State with land of the United States for the exploration, State of Alaska (referred to in this title as energy projects on Federal land to be a sig- development, production, processing, or the ‘‘Reserve’’) remains explicitly des- natory to the memorandum of under- transmission of oil, natural gas, wind, or any ignated, both in name and legal status, for standing. other source of energy, and any action under purposes of providing oil and natural gas re- (d) DESIGNATION OF QUALIFIED STAFF.— such a lease. sources to the United States; and (1) IN GENERAL.—Not later than 30 days (B) EXCLUSION.—The term ‘‘covered energy (2) accordingly, the national policy is to after the date of the signing of the memo- project’’ does not include any disputes be- actively advance oil and gas development randum of understanding under subsection tween the parties to a lease regarding the ob- within the Reserve by facilitating the expe- (c), all Federal signatory parties shall, if ap- ligations under the lease, including regard- ditious exploration, production, and trans- propriate, assign to each of the Bureau of ing any alleged breach of the lease. portation of oil and natural gas from and Land Management field offices an employee SEC. 2442. EXCLUSIVE VENUE FOR CERTAIN through the Reserve. who has expertise in the regulatory issues CIVIL ACTIONS RELATING TO COV- SEC. 2503. COMPETITIVE LEASING OF OIL AND relating to the office in which the employee ERED ENERGY PROJECTS. GAS. is employed, including, as applicable, par- Venue for any covered civil action shall lie Section 107 of the Naval Petroleum Re- ticular expertise in— in the United States district court for the serves Production Act of 1976 (42 U.S.C. (A) the consultations and the preparation district in which the project or leases exist 6506a) is amended by striking subsection (a) of biological opinions under section 7 of the or are proposed. and inserting the following: Endangered Species Act of 1973 (16 U.S.C. SEC. 2443. TIMELY FILING. ‘‘(a) COMPETITIVE LEASING.— 1536); To ensure timely redress by the courts, a ‘‘(1) IN GENERAL.—The Secretary shall con- (B) permits under section 404 of Federal covered civil action shall be filed not later duct an expeditious program of competitive Water Pollution Control Act (33 U.S.C. 1344); than 90 days after the date of the final Fed- leasing of oil and gas in the Reserve in ac- (C) regulatory matters under the Clean Air eral agency action to which the covered civil cordance with this Act. Act (42 U.S.C. 7401 et seq.); action relates. ‘‘(2) INCLUSIONS.—The program under this (D) planning under the National Forest SEC. 2444. EXPEDITION IN HEARING AND DETER- subsection shall include at least 1 lease sale Management Act of 1976 (16 U.S.C. 472a et MINING THE ACTION. annually in each area of the Reserve that is seq.); and A court shall endeavor to hear and deter- most likely to produce commercial quan- (E) the preparation of analyses under the mine any covered civil action as expedi- tities of oil and natural gas for each of cal- National Environmental Policy Act of 1969 tiously as practicable. endar years 2013 through 2023.’’. (42 U.S.C. 4321 et seq.). SEC. 2445. STANDARD OF REVIEW. SEC. 2504. PLANNING AND PERMITTING PIPELINE (2) DUTIES.—Each employee assigned under In any judicial review of a covered civil ac- AND ROAD CONSTRUCTION. paragraph (1) shall— tion— (a) IN GENERAL.—Notwithstanding any (A) not later than 90 days after the date of (1) administrative findings and conclusions other provision of law, the Secretary of the assignment, report to the Bureau of Land relating to the challenged Federal action or Interior, in consultation with the Secretary Management Field Managers in the office to decision shall be presumed to be correct; and of Transportation, shall facilitate and ensure which the employee is assigned; (2) the presumption may be rebutted only permits, in an environmentally responsible (B) be responsible for all issues relating to by the preponderance of the evidence con- manner, for all surface development activi- the energy projects that arise under the au- tained in the administrative record. ties, including for the construction of pipe- thorities of the home office of the employee; SEC. 2446. LIMITATION ON INJUNCTION AND PRO- lines and roads, necessary— and SPECTIVE RELIEF. (1) to develop and bring into production (C) participate as part of the team of per- (a) IN GENERAL.—In a covered civil action, any areas within the Reserve that are sub- sonnel working on proposed energy projects, a court shall not grant or approve any project to oil and gas leases; and

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1973 (2) to transport oil and gas from and sessment of all technically recoverable fossil SEC. 2702. OFFSHORE METEOROLOGICAL SITE through the Reserve to existing transpor- fuel resources within the Reserve, including TESTING AND MONITORING tation or processing infrastructure on the all conventional and unconventional oil and PROJECTS. North Slope of Alaska. natural gas. (a) DEFINITION OF OFFSHORE METEOROLOG- ICAL SITE TESTING AND MONITORING (b) TIMELINES.—The Secretary shall ensure (b) COOPERATION AND CONSULTATION.—The that any Federal permitting agency shall resource assessment under subsection (a) PROJECT.—In this section, the term ‘‘offshore meteorological site testing and monitoring issue permits in accordance with the fol- shall be carried out by the United States Ge- project’’ means a project carried out on or in lowing timelines: ological Survey in cooperation and consulta- the waters of the outer Continental Shelf (as (1) EXISTING LEASES.—Each permit for con- tion with the State of Alaska and the Amer- defined in section 2 of the Outer Continental struction relating to the transportation of ican Association of Petroleum Geologists. Shelf Lands Act (43 U.S.C. 1331)) and admin- oil and natural gas produced under existing (c) TIMING.—The resource assessment istered by the Department of the Interior to Federal oil and gas leases with respect to under subsection (a) shall be completed by test or monitor weather (including energy which the Secretary of the Interior has not later than 2 years after the date of enact- provided by weather, such as wind, tidal, issued a permit to drill shall be approved by ment of this Act. not later than 60 days after the date of en- current, and solar energy) using towers, (d) FUNDING.—In carrying out this section, buoys, or other temporary ocean infrastruc- actment of this Act. the United States Geological Survey may co- (2) REQUESTED PERMITS.—Each permit for ture, that— operatively use resources and funds provided (1) causes— construction for transportation of oil and by the State of Alaska. natural gas produced under Federal oil and (A) less than 1 acre of surface or seafloor SEC. 2507. COLVILLE RIVER DELTA DESIGNA- disruption at the location of each meteoro- gas leases shall be approved by not later TION. than 180 days after the date of submission to logical tower or other device; and The designation by the Environmental the Secretary of a request for a permit to (B) not more than 5 acres of surface or Protection Agency of the Colville River drill. seafloor disruption within the proposed area Delta as an aquatic resource of national im- (c) PLAN.—To ensure timely future devel- affected by the project (including hazards to opment of the Reserve, not later than 270 portance shall have no force or effect on this navigation); days after the date of enactment of this Act, title or an amendment made by this title. (2) is decommissioned not more than 5 the Secretary of the Interior shall submit to TITLE VI—INTERNET-BASED ONSHORE years after the date of commencement of the Congress a plan for approved rights-of-way OIL AND GAS LEASE SALES project, including— (A) removal of towers, buoys, or other tem- for a plan for pipeline, road, and any other SEC. 2601. SHORT TITLE. surface infrastructure that may be necessary porary ocean infrastructure from the project This title may be cited as the ‘‘BLM Live infrastructure to ensure that all leasable site; and Internet Auctions Act’’. tracts in the Reserve are located within 25 (B) restoration of the project site to ap- miles of an approved road and pipeline right- SEC. 2602. INTERNET-BASED ONSHORE OIL AND proximately the original condition of the of-way that can serve future development of GAS LEASE SALES. site; and the Reserve. (a) AUTHORIZATION.—Section 17(b)(1) of the (3) provides meteorological information ob- SEC. 2505. DEPARTMENTAL ACCOUNTABILITY Mineral Leasing Act (30 U.S.C. 226(b)(1)) is tained by the project to the Secretary of the FOR DEVELOPMENT. amended— Interior. (a) IN GENERAL.—Not later than 180 days (1) in subparagraph (A), in the third sen- (b) OFFSHORE METEOROLOGICAL PROJECT after the date of enactment of this Act, the tence, by striking ‘‘Lease sales’’ and insert- PERMITTING.— Secretary of the Interior shall promulgate ing ‘‘Except as provided in subparagraph (C), (1) IN GENERAL.—The Secretary of the Inte- regulations to establish clear requirements lease sales’’; and rior shall require, by regulation, that any to ensure that the Department of the Inte- (2) by adding at the end the following: applicant seeking to conduct an offshore me- rior is supporting development of oil and gas ‘‘(C) In order to diversify and expand the teorological site testing and monitoring leases in the Reserve. United States onshore leasing program to project shall obtain a permit and right-of- (b) DEADLINES.—At a minimum, the regula- ensure the best return to Federal taxpayers, way for the project in accordance with this tions promulgated pursuant to this section to reduce fraud, and to secure the leasing subsection. shall— process, the Secretary may conduct onshore (2) PERMIT AND RIGHT-OF-WAY TIMELINE AND (1) require the Secretary of the Interior to lease sales through Internet-based bidding CONDITIONS.— respond, acknowledging receipt of any per- methods, each of which shall be completed (A) DEADLINE FOR APPROVAL.—The Sec- mit application for development, by not by not later than 7 days after the date of ini- retary shall decide whether to issue a permit later than 5 business days after the date of tiation of the sale.’’. and right-of-way for an offshore meteorolog- receipt of the application; and (b) REPORT.—Not later than 90 days after ical site testing and monitoring project by (2) establish a timeline for the processing the tenth Internet-based lease sale con- not later than 30 days after the date of re- of each such application that— ducted pursuant to subparagraph (C) of sec- ceipt of a relevant application. (A) specifies deadlines for decisions and action 17(b)(1) of the Mineral Leasing Act (30 (B) PUBLIC COMMENT AND CONSULTATION.— tions regarding permit applications; and U.S.C. 226(b)(1)) (as added by subsection (a)), During the 30-day period referred to in sub- (B) provides that the period for issuing the Secretary of the Interior shall conduct, paragraph (A) with respect to an application each permit after the date of submission of and submit to Congress a report describing for a permit and right-of-way under this sub- the application shall not exceed 60 days, ab- the results of, an analysis of the first 10 such section, the Secretary shall— sent the concurrence of the applicant. lease sales, including— (i) provide an opportunity for submission (c) ACTIONS REQUIRED FOR FAILURE TO COM- (1) estimates of increases or decreases in of comments regarding the application by PLY WITH DEADLINES.—If the Secretary of the lease sales, as compared to sales con- the public; and the Interior fails to comply with any dead- ducted by oral bidding, in— (ii) consult with the Secretary of Defense, line described in subsection (b) with respect (A) the number of bidders; the Commandant of the Coast Guard, and the to a permit application, the Secretary shall (B) the average amount of the bids; heads of other Federal, State, and local notify the applicant not less frequently than (C) the highest amount of the bids; and agencies that would be affected by the once every 5 days with specific information (D) the lowest amount of the bids; issuance of the permit and right-of-way. regarding— (2) an estimate on the total cost or savings (C) DENIAL OF PERMIT; OPPORTUNITY TO (1) the reasons for the permit delay; to the Department of the Interior as a result REMEDY DEFICIENCIES.—If an application is (2) the name of each specific office of the of the sales, as compared to sales conducted denied under this subsection, the Secretary Department of the Interior responsible for— by oral bidding; and shall provide to the applicant— (A) issuing the permit; or (3) an evaluation of the demonstrated or (i) in writing— (B) monitoring the permit delay; and expected effectiveness of different structures (I) a list of clear and comprehensive rea- (3) an estimate of the date on which the for lease sales, which may— sons why the application was denied; and permit will be issued. (A) provide an opportunity to better maxi- (II) detailed information concerning any (d) ADDITIONAL INFRASTRUCTURE.—Not mize bidder participation; deficiencies in the application; and later than 180 days after the date of enact- (B) ensure the highest return to Federal (ii) an opportunity to remedy those defi- ment of this Act, the Secretary of the Inte- taxpayers; ciencies. rior, after consultation with the State of (C) minimize opportunities for fraud or col- (c) NEPA EXCLUSION.—Section 102(2)(C) of Alaska and after providing notice and an op- lusion; and the National Environmental Policy Act of portunity for public comment, shall approve (D) ensure the security and integrity of the 1969 (42 U.S.C. 4332(2)(C)) shall not apply with right-of-way corridors for the construction leasing process. respect to an offshore meteorological site of 2 separate additional bridges and pipeline testing and monitoring project. TITLE VII—ADVANCING OFFSHORE WIND rights-of-way to help facilitate timely oil (d) PROTECTION OF INFORMATION.—Any in- and gas development of the Reserve. PRODUCTION formation provided to the Secretary of the SEC. 2506. UPDATED RESOURCE ASSESSMENT. SEC. 2701. SHORT TITLE. Interior under subsection (a)(3) shall be— (a) IN GENERAL.—The Secretary of the In- This title may be cited at the ‘‘Advancing (1) treated by the Secretary as proprietary terior shall complete a comprehensive as- Offshore Wind Production Act’’. information; and

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1974 CONGRESSIONAL RECORD — SENATE April 1, 2014 (2) protected against disclosure. (iii) the Secretary of Commerce; ufacturing, industrial, energy, technological, TITLE VIII—CRITICAL MINERALS (iv) the Secretary of State; and competitive stature, of the United SEC. 2801. DEFINITIONS. (v) the Secretary of Agriculture; States. (vi) the United States Trade Representa- In this title: (b) COORDINATION.—The President, acting tive; and (1) APPLICABLE COMMITTEES.—The term through the Executive Office of the Presi- (vii) the heads of other applicable Federal ‘‘applicable committees’’ means— dent, shall coordinate the actions of Federal agencies. (A) the Committee on Energy and Natural agencies under this and other Acts— (9) STATE.—The term ‘‘State’’ means— Resources of the Senate; (1) to encourage Federal agencies to facili- (A) a State; (B) the Committee on Natural Resources of tate the availability, development, and envi- (B) the Commonwealth of Puerto Rico; and the House of Representatives; ronmentally responsible production of do- (C) any other territory or possession of the (C) the Committee on Energy and Com- mestic resources to meet national critical United States. merce of the House of Representatives; and minerals needs; (10) VALUE-ADDED.—The term ‘‘value- (D) the Committee on Science, Space, and (2) to minimize duplication, needless pa- added’’ means, with respect to an activity, Technology of the House of Representatives. perwork, and delays in the administration of an activity that changes the form, fit, or (2) CLEAN ENERGY TECHNOLOGY.—The term applicable laws (including regulations) and function of a product, service, raw material, ‘‘clean energy technology’’ means a tech- the issuance of permits and authorizations or physical good so that the resultant mar- nology related to the production, use, trans- necessary to explore for, develop, and ket price is greater than the cost of making mission, storage, control, or conservation of produce critical minerals and to construct the changes. energy that— and operate critical mineral manufacturing (11) WORKING GROUP.—The term ‘‘Working (A) reduces the need for additional energy facilities in an environmentally responsible Group’’ means the Critical Minerals Working supplies by using existing energy supplies manner; Group established under section 2805(a). with greater efficiency or by transmitting, (3) to promote the development of eco- distributing, storing, or transporting energy SEC. 2802. DESIGNATIONS. nomically stable and environmentally re- with greater effectiveness in or through the (a) DRAFT METHODOLOGY.—Not later than sponsible domestic critical mineral produc- infrastructure of the United States; 30 days after the date of enactment of this tion and manufacturing; (B) diversifies the sources of energy supply Act, the Secretary shall publish in the Fed- (4) to establish an analytical and fore- of the United States to strengthen energy se- eral Register for public comment a draft casting capability for identifying critical curity and to increase supplies with a favor- methodology for determining which minerals mineral demand, supply, and other market able balance of environmental effects if the qualify as critical minerals based on an as- dynamics relevant to policy formulation so entire technology system is considered; or sessment of whether the minerals are— that informed actions may be taken to avoid (C) contributes to a stabilization of atmos- (1) subject to potential supply restrictions supply shortages, mitigate price volatility, pheric greenhouse gas concentrations (including restrictions associated with for- and prepare for demand growth and other through reduction, avoidance, or sequestra- eign political risk, abrupt demand growth, market shifts; tion of energy-related greenhouse gas emis- military conflict, and anti-competitive or (5) to strengthen educational and research sions. protectionist behaviors); and capabilities and workforce training; (3) CRITICAL MINERAL.— (2) important in use (including clean en- (6) to bolster international cooperation (A) IN GENERAL.—The term ‘‘critical min- ergy technology-, defense-, agriculture-, and through technology transfer, information eral’’ means any mineral designated as a health care-related applications). sharing, and other means; critical mineral pursuant to section 2802. (b) AVAILABILITY OF DATA.—If available (7) to promote the efficient production, (B) EXCLUSIONS.—The term ‘‘critical min- data is insufficient to provide a quantitative use, and recycling of critical minerals; eral’’ does not include coal, oil, natural gas, basis for the methodology developed under (8) to develop alternatives to critical min- or any other fossil fuels. this section, qualitative evidence may be erals; and (4) CRITICAL MINERAL MANUFACTURING.—The used. (9) to establish contingencies for the pro- term ‘‘critical mineral manufacturing’’ (c) FINAL METHODOLOGY.—After reviewing duction of, or access to, critical minerals for means— public comments on the draft methodology which viable sources do not exist within the (A) the production, processing, refining, under subsection (a) and updating the draft United States. alloying, separation, concentration, mag- methodology as appropriate, the Secretary netic sintering, melting, or beneficiation of shall enter into an arrangement with the Na- SEC. 2804. RESOURCE ASSESSMENT. tional Academy of Sciences and the National critical minerals within the United States; (a) IN GENERAL.—Not later than 4 years Academy of Engineering to obtain, not later (B) the fabrication, assembly, or produc- after the date of enactment of this Act, in than 120 days after the date of enactment of tion, within the United States, of clean en- consultation with applicable State (includ- this Act— ergy technologies (including technologies re- ing geological surveys), local, academic, in- (1) a review of the methodology; and lated to wind, solar, and geothermal energy, dustry, and other entities, the Secretary efficient lighting, electrical superconducting (2) recommendations for improving the shall complete a comprehensive national as- materials, permanent magnet motors, bat- methodology. sessment of each critical mineral that— teries, and other energy storage devices), (d) FINAL METHODOLOGY.—After reviewing (1) identifies and quantifies known critical military equipment, and consumer elec- the recommendations under subsection (c), mineral resources, using all available public tronics, or components necessary for applica- not later than 150 days after the date of en- and private information and datasets, in- tions; or actment of this Act, the Secretary shall pub- cluding exploration histories; (C) any other value-added, manufacturing- lish in the Federal Register a description of (2) estimates the cost of production of the related use of critical minerals undertaken the final methodology for determining which critical mineral resources identified and within the United States. minerals qualify as critical minerals. quantified under this section, using all avail- (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (e) DESIGNATIONS.—Not later than 180 days able public and private information and has the meaning given the term in section 4 after the date of enactment of this Act, the datasets, including exploration histories; of the Indian Self-Determination and Edu- Secretary shall publish in the Federal Reg- (3) provides a quantitative and qualitative cation Assistance Act (25 U.S.C. 450b). ister a list of minerals designated as critical, assessment of undiscovered critical mineral (6) MILITARY EQUIPMENT.—The term ‘‘mili- pursuant to the final methodology under resources throughout the United States, in- tary equipment’’ means equipment used di- subsection (d), for purposes of carrying out cluding probability estimates of tonnage and rectly by the Armed Forces to carry out this title. grade, using all available public and private military operations. (f) SUBSEQUENT REVIEW.—The methodology information and datasets, including explo- (7) RARE EARTH ELEMENT.— and designations developed under sub- ration histories; (A) IN GENERAL.—The term ‘‘rare earth ele- sections (d) and (e) shall be updated at least (4) provides qualitative information on the ment’’ means the chemical elements in the every 5 years, or in more regular intervals if environmental attributes of the critical min- periodic table from lanthanum (atomic num- considered appropriate by the Secretary. eral resources identified under this section; ber 57) up to and including lutetium (atomic (g) NOTICE.—On finalization of the method- and number 71). ology under subsection (d), the list under (5) pays particular attention to the identi- (B) INCLUSIONS.—The term ‘‘rare earth ele- subsection (e), or any update to the list fication and quantification of critical min- ment’’ includes the similar chemical ele- under subsection (f), the Secretary shall sub- eral resources on Federal land that is open ments yttrium (atomic number 39) and scan- mit to the applicable committees written no- to location and entry for exploration, devel- dium (atomic number 21). tice of the action. opment, and other uses. (8) SECRETARY.—The term ‘‘Secretary’’ SEC. 2803. POLICY. means the Secretary of the Interior— (a) POLICY.—It is the policy of the United (b) FIELD WORK.—If existing information (A) acting through the Director of the States to promote an adequate, reliable, do- and datasets prove insufficient to complete United States Geological Survey; and mestic, and stable supply of critical min- the assessment under this section and there (B) in consultation with (as appropriate)— erals, produced in an environmentally re- is no reasonable opportunity to obtain the (i) the Secretary of Energy; sponsible manner, in order to strengthen and information and datasets from nongovern- (ii) the Secretary of Defense; sustain the economic security, and the man- mental entities, the Secretary may carry out

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field work (including drilling, remote sens- (b) CONSULTATION.—The Working Group (f) FINAL PERFORMANCE METRIC.—Not later ing, geophysical surveys, geological map- shall operate in consultation with private than 1 year after the date of enactment of ping, and geochemical sampling and anal- sector, academic, and other applicable stake- this Act, and after consideration of any pub- ysis) to supplement existing information and holders with experience related to— lic comments received under subsection (e), datasets available for determining the exist- (1) critical minerals exploration; the Working Group shall publish in the Fed- ence of critical minerals on— (2) critical minerals permitting; eral Register a description of the final per- (1) Federal land that is open to location (3) critical minerals production; and formance metric. and entry for exploration, development, and (4) critical minerals manufacturing. (g) ANNUAL REPORT.—Not later than 2 other uses; (c) DUTIES.—The Working Group shall— years after the date of enactment of this Act (2) tribal land, at the request and with the (1) facilitate Federal agency efforts to op- and annually thereafter, using the final per- written permission of the Indian tribe with timize efficiencies associated with the performance metric under subsection (f), the jurisdiction over the land; and mitting of activities that will increase explo- Working Group shall submit to the applica- (3) State land, at the request and with the ration and development of domestic critical ble committees, as part of the budget request written permission of the Governor of the minerals, while maintaining environmental of the Department of the Interior for each State. standards; fiscal year, each report that— (c) TECHNICAL ASSISTANCE.—At the request (2) facilitate Federal agency review of laws (1) describes the progress made by the ex- of the Governor of a State or an Indian tribe, (including regulations) and policies that dis- ecutive branch of the Federal Government the Secretary may provide technical assist- courage investment in exploration and devel- on matters within the control of that branch ance to State governments and Indian tribes opment of domestic critical minerals; towards optimizing efficiencies, while main- conducting critical mineral resource assess- (3) assess whether Federal policies ad- taining environmental standards, associated ments on non-Federal land. versely impact the global competitiveness of with the permitting of activities that will in- (d) FINANCIAL ASSISTANCE.—The Secretary the domestic critical minerals exploration crease exploration and development of do- may make grants to State governments, or and development sector (including taxes, mestic critical minerals; and Indian tribes and economic development en- fees, regulatory burdens, and access restric- (2) compares the United States to other tities of Indian tribes, to cover the costs as- tions); countries in terms of permitting efficiency, sociated with assessments of critical mineral (4) evaluate the sufficiency of existing environmental standards, and other criteria resources on State or tribal land, as applica- mechanisms for the provision of tenure on relevant to a globally competitive economic ble. Federal land and the role of the mechanisms sector. (e) REPORT.—Not later than 4 years after in attracting capital investment for the ex- (h) REPORT OF SMALL BUSINESS ADMINIS- the date of enactment of this Act, the Sec- ploration and development of domestic crit- TRATION.—Not later than 300 days after the retary shall submit to the applicable com- ical minerals; and date of enactment of this Act, the Adminis- mittees a report describing the results of the (5) generate such other information and trator of the Small Business Administration assessment conducted under this section. take such other actions as the Working shall submit to the applicable committees a (f) PRIORITIZATION.— Group considers appropriate to achieve the report that assesses the performance of Fed- (1) IN GENERAL.—The Secretary may se- policy described in section 2803(a). eral agencies in— quence the completion of resource assess- (d) REPORT.—Not later than 300 days after (1) complying with chapter 6 of title 5, ments for each critical mineral such that the date of enactment of this Act, the Work- United States Code (commonly known as the critical materials considered to be most crit- ing Group shall submit to the applicable ‘‘Regulatory Flexibility Act’’), in promul- ical under the methodology established pur- committees a report that— gating regulations applicable to the critical suant to section 2802 are completed first. (1) describes the results of actions taken minerals industry; and (2) REPORTING.—If the Secretary sequences under subsection (c); (2) performing an analysis of regulations the completion of resource assessments for (2) evaluates the amount of time typically applicable to the critical minerals industry each critical material, the Secretary shall required (including the range derived from that may be outmoded, inefficient, duplica- submit a report under subsection (e) on an minimum and maximum durations, mean, tive, or excessively burdensome. iterative basis over the 4-year period begin- median, variance, and other statistical (i) JUDICIAL REVIEW.— ning on the date of enactment of this Act. measures or representations) to complete (1) IN GENERAL.—Nothing in this section af- (g) UPDATES.—The Secretary shall periodi- each step (including those aspects outside fects any judicial review of an agency action cally update the assessment conducted under the control of the executive branch of the under any other provision of law. this section based on— Federal Government, such as judicial review, (2) CONSTRUCTION.—This section— (1) the generation of new information or applicant decisions, or State and local gov- (A) is intended to improve the internal datasets by the Federal Government; or ernment involvement) associated with the management of the Federal Government; and (2) the receipt of new information or processing of applications, operating plans, (B) does not create any right or benefit, datasets from critical mineral producers, leases, licenses, permits, and other use au- substantive or procedural, enforceable at law State geological surveys, academic institu- thorizations for critical mineral-related ac- or equity by a party against the United tions, trade associations, or other entities or tivities on Federal land, which shall serve as States (including an agency, instrumen- individuals. a baseline for the performance metric devel- tality, officer, or employee) or any other per- oped and finalized under subsections (e) and SEC. 2805. PERMITTING. son. (f), respectively; SEC. 2806. RECYCLING AND ALTERNATIVES. (a) CRITICAL MINERALS WORKING GROUP.— (3) identifies measures (including regu- (1) IN GENERAL.—There is established with- latory changes and legislative proposals) (a) ESTABLISHMENT.—The Secretary of En- in the Department of the Interior a working that would optimize efficiencies, while main- ergy shall conduct a program of research and group to be known as the ‘‘Critical Minerals taining environmental standards, associated development to promote the efficient pro- Working Group’’, which shall report to the with the permitting of activities that will in- duction, use, and recycling of, and alter- President and the applicable committees crease exploration and development of do- natives to, critical minerals. through the Secretary. mestic critical minerals; and (b) COOPERATION.—In carrying out the pro- (2) COMPOSITION.—The Working Group shall (4) identifies options (including cost recov- gram, the Secretary of Energy shall cooper- be composed of the following: ery paid by applicants) for ensuring adequate ate with appropriate— (A) The Secretary of the Interior (or a des- staffing of divisions, field offices, or other (1) Federal agencies and National Labora- ignee), who shall serve as chair of the Work- entities responsible for the consideration of tories; ing Group. applications, operating plans, leases, li- (2) critical mineral producers; (B) A Presidential designee from the Exec- censes, permits, and other use authorizations (3) critical mineral manufacturers; utive Office of the President, who shall serve for critical mineral-related activities on (4) trade associations; as vice-chair of the Working Group. Federal land. (5) academic institutions; (C) The Secretary of Energy (or a des- (e) DRAFT PERFORMANCE METRIC.—Not (6) small businesses; and ignee). later than 330 days after the date of enact- (7) other relevant entities or individuals. (D) The Secretary of Agriculture (or a des- ment of this Act, and on completion of the (c) ACTIVITIES.—Under the program, the ignee). report required under subsection (d), the Secretary of Energy shall carry out activi- (E) The Secretary of Defense (or a des- Working Group shall publish in the Federal ties that include the identification and de- ignee). Register for public comment a draft descrip- velopment of— (F) The Secretary of Commerce (or a des- tion of a performance metric for evaluating (1) advanced critical mineral production or ignee). the progress made by the executive branch of processing technologies that decrease the en- (G) The Secretary of State (or a designee). the Federal Government on matters within vironmental impact, and costs of production, (H) The United States Trade Representa- the control of that branch towards opti- of such activities; tive (or a designee). mizing efficiencies, while maintaining envi- (2) techniques and practices that minimize (I) The Administrator of the Environ- ronmental standards, associated with the or lead to more efficient use of critical min- mental Protection Agency (or a designee). permitting of activities that will increase erals; (J) The Chief of Engineers of the Corps of exploration and development of domestic (3) techniques and practices that facilitate Engineers (or a designee). critical minerals. the recycling of critical minerals, including

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(F) the market penetration of alternatives education, especially to assist in the development of graduate level programs of re- SEC. 2807. ANALYSIS AND FORECASTING. to each critical mineral projected to take search and instruction that lead to advanced (a) CAPABILITIES.—In order to evaluate ex- place over the subsequent 1-year, 5-year, and 10-year periods; degrees with an emphasis on the critical isting critical mineral policies and inform mineral supply chain or other positions that future actions that may be taken to avoid (G) a discussion of reasonably foreseeable international trends associated with the dis- will increase domestic, critical mineral ex- supply shortages, mitigate price volatility, ploration, development, and manufacturing; and prepare for demand growth and other covery, production, consumption, use, costs of production, prices, and recycling of each (C) to develop guidelines for proposals from market shifts, the Secretary, in consultation institutions of higher education with sub- with academic institutions, the Energy In- critical mineral as well as the development of alternatives to critical minerals; and stantial capabilities in the required dis- formation Administration, and others in ciplines to improve the critical mineral sup- order to maximize the application of existing (H) such other projections relating to each critical mineral as the Secretary determines ply chain and advance the capacity of the competencies related to developing and United States to increase domestic, critical maintaining computer-models and similar to be necessary to achieve the purposes of this section. mineral exploration, development, and man- analytical tools, shall conduct and publish ufacturing; and (b) PROPRIETARY INFORMATION.—In pre- the results of an annual report that in- (D) to outline criteria for evaluating per- cludes— paring a report described in subsection (a), the Secretary shall ensure that— formance and recommendations for the (1) as part of the annually published Min- amount of funding that will be necessary to eral Commodity Summaries from the United (1) no person uses the information and data collected for the report for a purpose other establish and carry out the grant program States Geological Survey, a comprehensive described in subsection (c). review of critical mineral production, con- than the development of or reporting of aggregate data in a manner such that the iden- (2) REPORT.—Not later than 2 years after sumption, and recycling patterns, includ- the date of enactment of this Act, the Sec- ing— tity of the person who supplied the information is not discernible and is not material to retary shall submit to Congress a description (A) the quantity of each critical mineral of the results of the study required under domestically produced during the preceding the intended uses of the information; (2) no person discloses any information or paragraph (1). year; (c) GRANT PROGRAM.— data collected for the report unless the infor- (B) the quantity of each critical mineral (1) ESTABLISHMENT.—The Secretary and mation or data has been transformed into a domestically consumed during the preceding the National Science Foundation shall joint- statistical or aggregate form that does not year; ly conduct a competitive grant program allow the identification of the person who (C) market price data for each critical under which institutions of higher education supplied particular information; and mineral; may apply for and receive 4-year grants for— (3) procedures are established to require (D) an assessment of— (A) startup costs for newly designated fac- the withholding of any information or data (i) critical mineral requirements to meet ulty positions in integrated critical mineral collected for the report if the Secretary de- the national security, energy, economic, in- education, research, innovation, training, termines that withholding is necessary to dustrial, technological, and other needs of and workforce development programs con- protect proprietary information, including the United States during the preceding year; sistent with subsection (b); any trade secrets or other confidential infor- (ii) the reliance of the United States on (B) internships, scholarships, and fellow- mation. foreign sources to meet those needs during ships for students enrolled in critical min- the preceding year; and SEC. 2808. EDUCATION AND WORKFORCE. eral programs; and (iii) the implications of any supply short- (a) WORKFORCE ASSESSMENT.—Not later (C) equipment necessary for integrated ages, restrictions, or disruptions during the than 300 days after the date of enactment of critical mineral innovation, training, and preceding year; this Act, the Secretary of Labor (in con- workforce development programs. (E) the quantity of each critical mineral sultation with the Secretary of the Interior, (2) RENEWAL.—A grant under this sub- domestically recycled during the preceding the Director of the National Science Founda- section shall be renewable for up to 2 addi- year; tion, and employers in the critical minerals tional 3-year terms based on performance (F) the market penetration during the pre- sector) shall submit to Congress an assess- criteria outlined under subsection (b)(1)(D). ceding year of alternatives to each critical ment of the domestic availability of tech- SEC. 2809. INTERNATIONAL COOPERATION. mineral; nically trained personnel necessary for crit- (a) ESTABLISHMENT.—The Secretary of (G) a discussion of applicable international ical mineral assessment, production, manu- State, in coordination with the Secretary, trends associated with the discovery, produc- facturing, recycling, analysis, forecasting, shall carry out a program to promote inter- tion, consumption, use, costs of production, education, and research, including an anal- national cooperation on critical mineral sup- prices, and recycling of each critical mineral ysis of— ply chain issues with allies of the United as well as the development of alternatives to (1) skills that are in the shortest supply as States. critical minerals; and of the date of the assessment; (b) ACTIVITIES.—Under the program, the (H) such other data, analyses, and evalua- (2) skills that are projected to be in short Secretary of State may work with allies of tions as the Secretary finds are necessary to supply in the future; the United States— achieve the purposes of this section; and (3) the demographics of the critical min- (1) to increase the global, responsible pro- (2) a comprehensive forecast, entitled the erals industry and how the demographics duction of critical minerals, if a determina- ‘‘Annual Critical Minerals Outlook’’, of pro- will evolve under the influence of factors tion is made by the Secretary of State that jected critical mineral production, consump- such as an aging workforce; there is no viable production capacity for the tion, and recycling patterns, including— (4) the effectiveness of training and edu- critical minerals within the United States; (A) the quantity of each critical mineral cation programs in addressing skills short- (2) to improve the efficiency and environ- projected to be domestically produced over ages; mental performance of extraction tech- the subsequent 1-year, 5-year, and 10-year pe- (5) opportunities to hire locally for new niques; riods; and existing critical mineral activities; (3) to increase the recycling of, and deploy- (B) the quantity of each critical mineral (6) the sufficiency of personnel within rel- ment of alternatives to, critical minerals; projected to be domestically consumed over evant areas of the Federal Government for (4) to assist in the development and trans- the subsequent 1-year, 5-year, and 10-year pe- achieving the policy described in section fer of critical mineral extraction, processing, riods; 2803(a); and and manufacturing technologies that would (C) market price projections for each crit- (7) the potential need for new training pro- have a beneficial impact on world com- ical mineral, to the maximum extent prac- grams to have a measurable effect on the modity markets and the environment;

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(c) BALANCING MILITARY AND ENERGY PRO- Protection and Affordable Care Act; (a) REPEAL.— DUCTION GOALS.— which was ordered to lie on the table; (1) IN GENERAL.—The National Critical Ma- (1) JOINT GOALS.—In recognition that the as follows: terials Act of 1984 (30 U.S.C. 1801 et seq.) is outer Continental Shelf oil and gas leasing At the appropriate place, insert the fol- repealed. program and the domestic energy resources lowing: (2) CONFORMING AMENDMENT.—Section 3(d) produced under that program are integral to SEC. lll. STUDY OF REGULATIONS THAT LIMIT of the National Superconductivity and Com- national security, the Secretary of the Inte- GREENHOUSE GAS EMISSIONS FROM petitiveness Act of 1988 (15 U.S.C. 5202(d)) is rior and the Secretary of Defense shall work NEW AND EXISTING POWER PLANTS. amended in the first sentence by striking ‘‘, jointly in implementing this section— (a) IN GENERAL.—Not later than 180 days with the assistance of the National Critical (A) to preserve the ability of the Armed after the date of enactment of this Act, the Materials Council as specified in the Na- Forces to maintain an optimum state of Comptroller General of the United States tional Critical Materials Act of 1984 (30 readiness through their continued use of en- shall conduct a study on the effect that regu- U.S.C. 1801 et seq.),’’. ergy resources of the outer Continental lations limiting greenhouse gas emissions (b) AUTHORIZATION OF APPROPRIATIONS.— Shelf; and from new and existing power plants would There is authorized to be appropriated to (B) to allow effective exploration, develop- have on jobs and energy prices. carry out this title and the amendments ment, and production of the oil, gas, and re- (b) DETERMINATION.—If, based on the study made by this title $30,000,000. newable energy resources of the United conducted under subsection (a), the Sec- (c) AUTHORIZATION OFFSET.—Section 207(c) States. retary of Energy determines that the regula- of the Energy Independence and Security Act (2) PROHIBITION ON CONFLICTS WITH MILI- tions described in that subsection would di- of 2007 (42 U.S.C. 17022(c)) is amended by in- TARY OPERATIONS.—No person may engage in rectly or indirectly destroy jobs or raise en- serting before the period at the end the fol- any exploration, development, or production ergy prices, the Administrator of the Envi- lowing: ‘‘, except that the amount authorized of oil or natural gas off the coast of Virginia ronmental Protection Agency shall not final- to be appropriated to carry out this section that would conflict with any military oper- ize the regulations. not appropriated as of the date of enactment ation, as determined in accordance with— of the Domestic Energy and Jobs Act shall (A) the agreement entitled ‘‘Memorandum SA 2897. Mr. THUNE submitted an be reduced by $30,000,000’’. of Agreement between the Department of De- amendment intended to be proposed to TITLE IX—MISCELLANEOUS fense and the Department of the Interior on amendment SA 2874 proposed by Mr. Mutual Concerns on the Outer Continental SEC. 2901. LIMITATION ON TRANSFER OF FUNC- REID (for Mr. REED (for himself, Mr. Shelf’’ signed July 20, 1983; and TIONS UNDER THE SOLID MINERALS HELLER, Mr. MERKLEY, Ms. COLLINS, LEASING PROGRAM. (B) any revision to, or replacement of, the Mr. BOOKER, Mr. PORTMAN, Mr. BROWN, The Secretary of the Interior may not agreement described in subparagraph (A) Ms. MURKOWSKI, Mr. DURBIN, and Mr. transfer to the Office of Surface Mining Rec- that is agreed to by the Secretary of Defense lamation and Enforcement any responsi- and the Secretary of the Interior after July KIRK)) to the bill H.R. 3979, to amend bility or authority to perform any function 20, 1983, but before the date of issuance of the the Internal Revenue Code of 1986 to performed on the day before the date of en- lease under which the exploration, develop- ensure that emergency services volun- actment of this Act under the solid minerals ment, or production is conducted. teers are not taken into account as em- leasing program of the Department of the In- (3) NATIONAL DEFENSE AREAS.—The United ployees under the shared responsibility States reserves the right to designate by and terior, including— requirements contained in the Patient (1) any function under— through the Secretary of Defense, with the approval of the President, national defense Protection and Affordable Care Act; (A) sections 2318 through 2352 of the Re- which was ordered to lie on the table; vised Statutes (commonly known as the areas on the outer Continental Shelf under ‘‘Mining Law of 1872’’) (30 U.S.C. 21 et seq.); section 12(d) of the Outer Continental Shelf as follows: (B) the Act of July 31, 1947 (commonly Lands Act (43 U.S.C. 1341(d)). On page 2 of the amendment, strike line 1 known as the ‘‘Materials Act of 1947’’) (30 SEC. 2904. LIMITATION ON AUTHORITY TO ISSUE and all that follows through page 3, line 2, U.S.C. 601 et seq.); REGULATIONS MODIFYING THE and insert the following: STREAM ZONE BUFFER RULE. (C) the Mineral Leasing Act (30 U.S.C. 181 SEC. 2. EXTENSION OF EMERGENCY UNEMPLOY- et seq.); or The Secretary of the Interior may not, be- MENT COMPENSATION PROGRAM. (D) the Mineral Leasing Act for Acquired fore December 31, 2013, issue a regulation (a) EXTENSION.—Section 4007(a)(2) of the Lands (30 U.S.C. 351 et seq.); modifying the final rule entitled ‘‘Excess Supplemental Appropriations Act, 2008 (Pub- (2) any function relating to management of Spoil, Coal Mine Waste, and Buffers for Pe- lic Law 110–252; 26 U.S.C. 3304 note) is amend- mineral development on Federal land and ac- rennial and Intermittent Streams’’ (73 Fed. ed by striking ‘‘January 1, 2014’’ and insert- quired land under section 302 of the Federal Reg. 75814 (December 12, 2008)). ing ‘‘September 1, 2014’’. (b) FUNDING.—Section 4004(e)(1) of the Sup- Land Policy and Management Act of 1976 (43 Mr. THUNE submitted an U.S.C. 1732); and SA 2895. plemental Appropriations Act, 2008 (Public (3) any function performed under the min- amendment intended to be proposed by Law 110–252; 26 U.S.C. 3304 note) is amended— ing law administration program of the Bu- him to the bill H.R. 3979, to amend the (1) in subparagraph (I), by striking ‘‘and’’ reau of Land Management. Internal Revenue Code of 1986 to ensure at the end; SEC. 2902. AMOUNT OF DISTRIBUTED QUALIFIED that emergency services volunteers are (2) in subparagraph (J), by inserting ‘‘and’’ OUTER CONTINENTAL SHELF REVE- not taken into account as employees at the end; and NUES. under the shared responsibility re- (3) by inserting after subparagraph (J) the following: Section 105(f)(1) of the Gulf of Mexico En- quirements contained in the Patient ergy Security Act of 2006 (43 U.S.C. 1331 note; ‘‘(K) the amendment made by section 2(a) Public Law 109–432) is amended by striking Protection and Affordable Care Act; of the Emergency Unemployment Compensa- ‘‘2055’’ and inserting ‘‘2025, and shall not ex- which was ordered to lie on the table; tion Extension Act of 2014;’’. ceed $750,000,000 for each of fiscal years 2026 as follows: (c) EFFECTIVE DATE.—The amendments through 2055’’. At the end of the amendment, add the fol- made by this section shall apply to weeks of SEC. 2903. LEASE SALE 220 AND OTHER LEASE lowing: unemployment beginning on or after the SALES OFF THE COAST OF VIRGINIA. SEC. ll. CONGRESSIONAL APPROVAL OF EPA date of the enactment of this Act. (a) INCLUSION IN LEASING PROGRAMS.—The REGULATIONS WITH HIGH COMPLI- Secretary of the Interior shall— ANCE COSTS. SA 2898. Mr. THUNE submitted an (1) as soon as practicable after, but not Notwithstanding any other provision of amendment intended to be proposed by later than 10 days after, the date of enact- law, if the cost of compliance with a regula- him to the bill H.R. 3979, to amend the ment of this Act, revise the proposed outer tion of the Administrator of the Environ- Internal Revenue Code of 1986 to ensure Continental Shelf oil and gas leasing pro- mental Protection Agency exceeds $50,000,000 that emergency services volunteers are gram for the 2012–2017 period to include in per year, the regulation shall not take effect unless Congress enacts a law that approves not taken into account as employees the program Lease Sale 220 off the coast of under the shared responsibility re- Virginia; and the regulation. (2) include the outer Continental Shelf off quirements contained in the Patient the coast of Virginia in the leasing program SA 2896. Mr. THUNE submitted an Protection and Affordable Care Act; for each 5-year period after the 2012–2017 pe- amendment intended to be proposed by which was ordered to lie on the table; riod. him to the bill H.R. 3979, to amend the as follows:

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1978 CONGRESSIONAL RECORD — SENATE April 1, 2014 At the end, add the following: in this section, section 3304(a)(3) of the Inter- that emergency services volunteers are SEC. ll. PERMISSIBLE USES OF UNEMPLOY- nal Revenue Code of 1986, or any other provi- not taken into account as employees MENT FUND MONEYS FOR PROGRAM sion of Federal law)’’. under the shared responsibility re- INTEGRITY PURPOSES. (e) APPLICATION TO FEDERAL PAYMENTS.— quirements contained in the Patient (a) WITHDRAWAL STANDARD IN THE INTER- (1) IN GENERAL.—As a condition for admin- NAL REVENUE CODE.—Section 3304(a)(4) of the istering any unemployment compensation Protection and Affordable Care Act; Internal Revenue Code of 1986 is amended— program of the United States (as defined in which was ordered to lie on the table; (1) in subparagraph (F), by striking ‘‘and’’ paragraph (2)) as an agent of the United as follows: at the end; and States, a State shall, with respect to erro- At the end, add the following: (2) by inserting after subparagraph (G) the neous payments made under such programs SEC. ll. LONG-TERM UNEMPLOYED INDIVID- following new subparagraphs: by the State, use the authority provided UALS NOT TAKEN INTO ACCOUNT ‘‘(H) of those payments of benefits from a under subparagraph (H) of section 3304(a)(4) FOR EMPLOYER HEALTH CARE COV- State’s unemployment fund that are deter- of the Internal Revenue Code of 1986, as ERAGE MANDATE. mined to have been made in error and are added by subsection (a), in the same manner (a) IN GENERAL.—Paragraph (4) of section 4980H(c) of the Internal Revenue Code of 1986 subsequently recovered by the State, the as such authority is used with respect to er- is amended by adding at the end the fol- State may, immediately following receipt of roneous payments made under the State un- lowing new subparagraph: such recovered amount, deposit a percent of employment compensation law. With respect ‘‘(C) EXCEPTION FOR LONG-TERM UNEM- such recovered amount, as specified in State to erroneous Federal payments recovered PLOYED INDIVIDUALS.— law (but not to exceed 5 percent), in a fund consistent with the authority under such ‘‘(i) IN GENERAL.—The term ‘full-time em- from which moneys may be withdrawn for— subparagraph (H), the State shall imme- ployee’ shall not include any individual who ‘‘(i) the payment of costs of deterring, de- diately deposit the same percentage of the is a long-term unemployed individual with tecting, and collecting erroneous payments recovered payments into the same State respect to such employer. to individuals; fund as provided in the State law imple- ‘‘(ii) LONG-TERM UNEMPLOYED INDIVIDUAL.— ‘‘(ii) purposes relating to the menting such section 3304(a)(4). For purposes of this subparagraph, the term misclassification of employees as inde- (2) DEFINITION.—For purposes of this sub- ‘long-term unemployed individual’ means, pendent contractors, implementation of pro- section, the term ‘‘unemployment compensa- with respect to any employer, an individual visions of State law implementing section tion program of the United States’’ means— who— 303(k) of the Social Security Act, or other (A) unemployment compensation for Fed- ‘‘(I) begins employment with such em- provisions of State law relating to employer eral civilian employees under subchapter I of ployer after the date of the enactment of fraud or evasion of contributions; or chapter 85 of title 5, United States Code; this subparagraph, and ‘‘(iii) payment to the Secretary of the (B) unemployment compensation for ex- ‘‘(II) has been unemployed for 27 weeks or Treasury to the credit of the State’s account servicemembers under subchapter II of chap- longer, as determined by the Secretary of in the Unemployment Trust Fund; and ter 85 of title 5, United States Code; Labor, immediately before the date such em- ‘‘(I) of those payments of contributions (or (C) trade readjustment allowances under ployment begins.’’. payments in lieu of contributions) that are sections 231 through 234 of the Trade Act of (b) EFFECTIVE DATE.—The amendment collected as a result of an investigation and 1974 (19 U.S.C. 2291-2294); assessment by the State agency, the State made by this section shall apply to months (D) disaster unemployment assistance beginning after December 31, 2013. may, immediately following receipt of such under section 410(a) of the Robert T. Stafford payments, deposit a percentage of such pay- Disaster Relief and Emergency Assistance SA 2900. Mr. COATS (for himself, Ms. ments, as specified in State law (but not to Act (42 U.S.C. 5177(a)); AYOTTE, Mr. TOOMEY, and Mr. CORKER) exceed 5 percent), in a fund (which may be (E) any Federal temporary extension of un- the same fund described in subparagraph (H)) submitted an amendment intended to employment compensation; be proposed to amendment SA 2874 pro- from which moneys may be withdrawn for (F) any Federal program which increases the purposes described in clauses (i) through the weekly amount of unemployment composed by Mr. REID (for Mr. REED (for (iii) of subparagraph (H);’’. pensation payable to individuals; and himself, Mr. HELLER, Mr. MERKLEY, Ms. (b) DEFINITION OF UNEMPLOYMENT FUND.— (G) any other Federal program providing COLLINS, Mr. BOOKER, Mr. PORTMAN, Section 3306(f) of the Internal Revenue Code for the payment of unemployment com- Mr. BROWN, Ms. MURKOWSKI, Mr. DUR- of 1986 is amended by striking all that fol- pensation. BIN, and Mr. KIRK)) to the bill H.R. 3979, lows ‘‘(exclusive of expenses of administra- SEC. ll. DELAY IN APPLICATION OF INDI- to amend the Internal Revenue Code of tion)’’ and inserting ‘‘, except as otherwise VIDUAL HEALTH INSURANCE MAN- 1986 to ensure that emergency services provided in section 3304(a)(4) of the Social DATE. Security Act or any other provision of Fed- volunteers are not taken into account (a) IN GENERAL.—Section 5000A(a) of the as employees under the shared respon- eral law.’’. Internal Revenue Code of 1986 is amended by (c) WITHDRAWAL STANDARD IN SOCIAL SECU- striking ‘‘2013’’ and inserting ‘‘2014’’. sibility requirements contained in the RITY ACT.—Section 303(a)(5) of the Social Se- (b) CONFORMING AMENDMENTS.— Patient Protection and Affordable Care curity Act (42 U.S.C. 503(a)(5)) is amended by (1) Section 5000A(c)(2)(B) of the Internal Act; which was ordered to lie on the striking all that follows ‘‘payment of unem- Revenue Code of 1986 is amended— table; as follows: ployment compensation, exclusive of ex- (A) by striking ‘‘2014’’ in clause (i) and in- penses of administration,’’ and inserting ‘‘ex- On page 9 of the amendment, strike line 21 serting ‘‘2015’’, and cept as otherwise provided in this section, and all that follows through page 10, line 20, (B) by striking ‘‘2015’’ in clauses (ii) and section 3304(a)(4) of the Internal Revenue and insert the following: (iii) and inserting ‘‘2016’’. Code of 1986, or any other provision of Fed- SEC. 8. REQUIREMENT THAT INDIVIDUALS RE- (2) Section 5000A(c)(3)(B) of such Code is CEIVING EMERGENCY UNEMPLOY- eral law; and’’. MENT COMPENSATION BE ACTIVELY (d) IMMEDIATE DEPOSIT REQUIREMENTS.— amended— ENGAGED IN A SYSTEMATIC AND (1) INTERNAL REVENUE CODE REQUIREMENT.— (A) by striking ‘‘2014’’ and inserting ‘‘2015’’, and SUSTAINED EFFORT TO OBTAIN Paragraph (3) of section 3304(a) of the Inter- SUITABLE WORK. (B) by striking ‘‘2015.’’ (prior to amend- nal Revenue Code of 1986 is amended to read (a) IN GENERAL.—Subsection (h) of section ment by subparagraph (A)) and inserting as follows: 4001 of the Supplemental Appropriations Act, ‘‘2016.’’. ‘‘(3) all money received in the unemploy- 2008 (Public Law 110-252; 26 U.S.C. 3304 note) (3) Section 5000A(c)(3)(D) of such Code is ment fund of the State shall immediately is amended to read as follows: upon such receipt be paid over to the Sec- amended— ‘‘(h) ACTIVELY SEEKING WORK.— retary of the Treasury to the credit of the (A) by striking ‘‘2016’’ and inserting ‘‘2017’’, ‘‘(1) IN GENERAL.—For purposes of sub- Unemployment Trust Fund established by and section (b)(4), payment of emergency unem- section 904 of the Social Security Act (42 (B) by striking ‘‘2015’’ and inserting ‘‘2016’’. ployment compensation shall not be made to U.S.C. 1104), except for— (4) Section 5000A(e)(1)(D) of such Code is any individual for any week of unemploy- ‘‘(A) refunds of sums erroneously paid into amended— ment— the unemployment fund of the State; (A) by striking ‘‘2014’’ and inserting ‘‘2015’’, ‘‘(A) during which the individual fails to ‘‘(B) refunds paid in accordance with the and accept any offer of suitable work (as defined provisions of section 3305(b); and (B) by striking ‘‘2013’’ and inserting ‘‘2014’’. in paragraph (3)) or fails to apply for any ‘‘(C) amounts deposited in a State fund (c) EFFECTIVE DATE.—The amendments suitable work to which the individual was re- pursuant to subparagraph (H) or (I) of para- made by this section shall take effect as if ferred by the State agency; or graph (4);’’. included in section 1501 of the Patient Pro- ‘‘(B) during which the individual fails to tection and Affordable Care Act. (2) SOCIAL SECURITY ACT REQUIREMENT.— actively engage in seeking work, unless such Section 303(a)(4) of the Social Security Act individual is not actively engaged in seeking (42 U.S.C. 503(a)(4)) is amended by striking SA 2899. Mr. THUNE submitted an work because such individual is, as deter- ‘‘(except for refunds’’ and all that follows amendment intended to be proposed by mined in accordance with State law— through ‘‘Federal Unemployment Tax Act’’ him to the bill H.R. 3979, to amend the ‘‘(i) before any court of the United States and inserting ‘‘(except as otherwise provided Internal Revenue Code of 1986 to ensure or any State pursuant to a lawfully issued

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summons to appear for jury duty (as such (b) EFFECTIVE DATE.—The amendments rule would result in the creation of 700 jobs term may be defined by the Secretary); or made by this section shall take effect on the per year; but ‘‘(ii) hospitalized for treatment of an emer- date of the enactment of this Act. (B) a private study conducted by NERA gency or a life-threatening condition (as Economic Consulting estimated that imple- such term may be defined by the Secretary), SA 2901. Mr. INHOFE (for himself, mentation of the final rule described in sub- if such exemptions in clauses (i) and (ii) Mr. MCCONNELL, Mr. CORNYN, Mr. paragraph (A) would result in the elimi- apply to recipients of regular benefits, and THUNE, Mr. BARRASSO, Mr. BLUNT, Mr. nation of a total of 34,000 jobs during the pe- the State chooses to apply such exemptions VITTER, Mr. CRAPO, Mr. CHAMBLISS, Mr. riod beginning in calendar year 2013 and ending in calendar year 2037; for recipients of emergency unemployment COATS, Mr. COBURN, Mr. CRUZ, Mr. benefits. (5)(A) the analysis of the Environmental FLAKE, Mr. ISAKSON, Mr. JOHNSON of Protection Agency of the final rules of the ‘‘(2) PERIOD OF INELIGIBILITY.—If any indi- Wisconsin, Mr. MORAN, Mr. RISCH, Mr. vidual is ineligible for emergency unemploy- Agency entitled ‘‘National Emission Stand- ment compensation for any week by reason SCOTT, Mr. SHELBY, Mr. ENZI, Mr. ards for Hazardous Air Pollutants for Major of a failure described in subparagraph (A) or COCHRAN, Mr. LEE, Mr. JOHANNS, Mr. Sources: Industrial, Commercial, and Insti- (B) of paragraph (1), the individual shall be ROBERTS, Mr. WICKER, Mr. BOOZMAN, tutional Boilers and Process Heaters’’(76 ineligible to receive emergency unemploy- Mr. BURR, Mr. GRAHAM, and Mr. Fed. Reg. 15608 (March 21, 2011)) and ‘‘Na- tional Emission Standards for Hazardous Air ment compensation for any week which be- HOEVEN) submitted an amendment in- Pollutants for Area Sources: Industrial, gins during a period which— tended to be proposed to amendment Commercial, and Institutional Boilers’’ (76 ‘‘(A) begins with the week following the SA 2874 proposed by Mr. REID (for Mr. Fed. Reg. 15554 (March 21, 2011)) estimated week in which such failure occurs; and REED (for himself, Mr. HELLER, Mr. that implementation of the final rules would ‘‘(B) does not end until such individual has result in the creation of 2,200 jobs per year; been employed during at least 4 weeks which MERKLEY, Ms. COLLINS, Mr. BOOKER, but begin after such failure and the total of the Mr. PORTMAN, Mr. BROWN, Ms. MUR- (B) a private study conducted by NERA remuneration earned by the individual for KOWSKI, Mr. DURBIN, and Mr. KIRK)) to Economic Consulting estimated that imple- being so employed is not less than the prod- the bill H.R. 3979, to amend the Inter- mentation of the final rules described in sub- uct of 4 multiplied by the individual’s aver- nal Revenue Code of 1986 to ensure that paragraph (A) would result in the elimi- age weekly benefit amount for the individ- emergency services volunteers are not nation of 28,000 jobs per year during the pe- ual’s benefit year. taken into account as employees under riod beginning in calendar year 2013 and end- ‘‘(3) SUITABLE WORK.—For purposes of this the shared responsibility requirements ing in calendar year 2037; subsection, the term ‘suitable work’ means, contained in the Patient Protection (6) implementation of certain air pollution with respect to any individual, any work rules of the Environmental Protection Agen- which is within such individual’s capabili- and Affordable Care Act; which was ordered to lie on the table; as follows: cy that have not been reviewed, updated, or ties, except that, if the individual furnishes finalized as of the date of enactment of this evidence satisfactory to the State agency At the end of the amendment, add the fol- Act, such as regulations on greenhouse gas that such individual’s prospects for obtain- lowing: emissions and the update or review of na- ing work in his customary occupation within SEC. lll. ANALYSIS OF EMPLOYMENT EFFECTS tional ambient air quality standards, are a reasonably short period are good, the de- UNDER THE CLEAN AIR ACT. predicted to result in significant and nega- termination of whether any work is suitable (a) FINDINGS.—Congress finds that— tive employment impacts, but the Agency work with respect to such individual shall be (1) the Environmental Protection Agency has not yet fully studied or disclosed the full made in accordance with the applicable has systematically distorted the true impact impacts of existing Agency regulations; State law. of regulations promulgated by the Environ- (7) in reviewing, developing, or updating ‘‘(4) EXCEPTION.—Extended compensation mental Protection Agency under the Clean any regulations promulgated under the shall not be denied under subparagraph (A) Air Act (42 U.S.C. 7401 et seq.) on job cre- Clean Air Act (42 U.S.C. 7401 et seq.) after the of paragraph (1) to any individual for any ation by using incomplete analyses to assess date of enactment of this Act, the Environ- week by reason of a failure to accept an offer effects on employment, primarily as a result mental Protection Agency must be required of, or apply for, suitable work— of the Environmental Protection Agency to accurately disclose the adverse impact ‘‘(A) if the gross average weekly remunera- failing to take into account the cascading ef- the existing regulations of the Agency will tion payable to such individual for the posi- fects of a regulatory change across inter- have on jobs and employment levels across tion does not exceed the sum of— connected industries and markets nation- the economy in the United States and dis- ‘‘(i) the individual’s average weekly benefit wide; close those impacts to the American people amount for his benefit year, plus (2) despite the Environmental Protection before issuing a final rule; and ‘‘(ii) the amount (if any) of supplemental Agency finding that the impact of certain air (8) although since 1977, section 321(a) of the unemployment compensation benefits (as de- pollution regulations will result in net job Clean Air Act (42 U.S.C. 7621(a)) has required fined in section 501(c)(17)(D) of the Internal creation, implementation of the air pollu- the Administrator of the Environmental Revenue Code of 1986) payable to such indi- tion regulations will actually require bil- Protection Agency to ‘‘conduct continuing vidual for such week; lions of dollars in compliance costs, result- evaluations of potential loss or shifts of em- ‘‘(B) if the position was not offered to such ing in reduced business profits and millions ployment which may result from the admin- individual in writing and was not listed with of actual job losses; istration or enforcement of the provision of the State employment service; (3)(A) the analysis of the Environmental [the Clean Air Act] and applicable implemen- ‘‘(C) if such failure would not result in a Protection Agency of the final rule of the tation plans, including where appropriate, denial of compensation under the provisions Agency entitled ‘‘National Emission Stand- investigating threatened plant closures or of the applicable State law to the extent ards for Hazardous Air Pollutants From reductions in employment allegedly result- that such provisions are not inconsistent Coal- and Oil-Fired Electric Utility Steam ing from such administration or enforce- with the provisions of paragraphs (3) and (5); Generating Units and Standards of Perform- ment’’, the Environmental Protection Agen- or ance for Fossil-Fuel-Fired Electric Utility, cy has failed to undertake that analysis or ‘‘(D) if the position pays wages less than Industrial-Commercial-Institutional, and conduct a comprehensive study that con- the higher of— Small Industrial-Commercial-Institutional siders the impact of programs carried out ‘‘(i) the minimum wage provided by section Steam Generating Units’’ (77 Fed. Reg. 9304 under the Clean Air Act (42 U.S.C. 7401 et 6(a)(1) of the Fair Labor Standards Act of (Feb. 16, 2012)) estimated that implementa- seq.) on jobs and changes in employment. 1938, without regard to any exemption; or tion of the final rule would result in the cre- (b) PROHIBITION.—The Administrator of the ‘‘(ii) any applicable State or local mination of 46,000 temporary construction jobs Environmental Protection Agency shall not imum wage. and 8,000 net new permanent jobs; but propose or finalize any major rule (as defined ‘‘(5) ACTIVELY ENGAGED IN SEEKING WORK.— (B) a private study conducted by NERA in section 804 of title 5, United States Code) For purposes of this subsection, an indi- Economic Consulting, using a ‘‘whole econ- under the Clean Air Act (42 U.S.C. 7401 et vidual shall be treated as actively engaged in omy’’ model, estimated that implementation seq.) until after the date on which the Ad- seeking work during any week if— of the final rule described in subparagraph ministrator— ‘‘(A) the individual has engaged in a sys- (A) would result in a negative impact on the (1) completes an economy-wide analysis tematic and sustained effort to obtain work income of workers in an amount equivalent capturing the costs and cascading effects during such week, and to 180,000 to 215,000 lost jobs in 2015 and 50,000 across industry sectors and markets in the ‘‘(B) the individual provides tangible evi- to 85,000 lost jobs each year thereafter; United States of the implementation of dence to the State agency that he has en- (4)(A) the analysis of the Environmental major rules promulgated under the Clean Air gaged in such an effort during such week. Protection Agency of the final rule of the Act (42 U.S.C. 7401 et seq.); and ‘‘(6) REFERRAL.—The State agency shall Agency entitled ‘‘Federal Implementation (2) establishes a process to update that provide for referring applicants for emer- Plans: Interstate Transport of Fine Particu- analysis not less frequently than semiannu- gency unemployment benefits to any suit- late Matter and Ozone and Correction of SIP ally, so as to provide for the continuing eval- able work to which paragraph (4) would not Approvals’’ (76 Fed. Reg. 48208 (Aug. 8, 2011)) uation of potential loss or shifts in employ- apply.’’. estimated that implementation of the final ment, pursuant to section 321(a) of the Clean

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1980 CONGRESSIONAL RECORD — SENATE April 1, 2014 Air Act (42 U.S.C. 7621(a)), that may result leads to the recognized equivalent of a sec- Internal Revenue Code of 1986 to ensure from the implementation of major rules ondary school diploma, and, subsequent to that emergency services volunteers are under the Clean Air Act (42 U.S.C. 7401 et enrollment, shall attend classes connected to not taken into account as employees seq.). such program. under the shared responsibility re- ‘‘(3) EXCEPTION.—The requirements under quirements contained in the Patient SA 2902. Mr. HATCH submitted an this subsection shall not apply to an indi- amendment intended to be proposed by vidual if the State agency responsible for the Protection and Affordable Care Act; him to the bill H.R. 3979, to amend the administration of State unemployment com- which was ordered to lie on the table; Internal Revenue Code of 1986 to ensure pensation law determines that there is jus- as follows: that emergency services volunteers are tifiable cause for failure to participate or to At the end, add the following: not taken into account as employees complete participating in the activities de- SEC. ll. PROTECT JOB CREATION. scribed in paragraph (2)(A), as determined in Sections 1513 and 1514 and subsections (e), under the shared responsibility re- accordance with guidance to be issued by the (f), and (g) of section 10106 of the Patient quirements contained in the Patient Secretary.’’. Protection and Affordable Care Act (and the Protection and Affordable Care Act; (b) EFFECTIVE DATE.—The amendment amendments made by such sections and sub- which was ordered to lie on the table; made by this section shall apply to benefits sections) are repealed and the Internal Rev- as follows: for weeks beginning after the date of the en- enue Code of 1986 shall be applied and admin- At the appropriate place, insert the fol- actment of this Act. istered as if such provisions and amendments lowing: had never been enacted. SA 2903. Mr. HATCH submitted an SEC. lll. WORK ACTIVITY REQUIREMENT. SA 2906. Mr. HATCH submitted an (a) IN GENERAL.—Section 4001 of the Sup- amendment intended to be proposed by plemental Appropriations Act, 2008 (Public him to the bill H.R. 3979, to amend the amendment intended to be proposed by Law 110-252; 26 U.S.C. 3304 note) is amended— Internal Revenue Code of 1986 to ensure him to the bill H.R. 3979, to amend the (1) in subsection (b)— that emergency services volunteers are Internal Revenue Code of 1986 to ensure (A) in paragraph (3), by striking ‘‘and’’ at not taken into account as employees that emergency services volunteers are the end; under the shared responsibility re- not taken into account as employees (B) in paragraph (4), by striking the period quirements contained in the Patient under the shared responsibility re- at the end and inserting ‘‘; and’’; and quirements contained in the Patient (C) by adding at the end the following new Protection and Affordable Care Act; which was ordered to lie on the table; Protection and Affordable Care Act; paragraph: which was ordered to lie on the table; ‘‘(5) have satisfied the requirements under as follows: subsection (k) with respect to such week.’’; At the appropriate place, insert the fol- as follows: and lowing: At the end, add the following: (2) by adding at the end the following new SEC. lll. STATE CERTIFICATION REGARDING SEC. ll. REPEAL OF MEDICAL DEVICE EXCISE subsection: RETROACTIVE PAYMENT OF EMER- TAX. ‘‘(k) WORK ACTIVITIES AND GENERAL EDU- GENCY UNEMPLOYMENT COM- (a) IN GENERAL.—Chapter 32 of the Internal CATIONAL DEVELOPMENT CLASSES.— PENSATION. Revenue Code of 1986 is amended by striking ‘‘(1) IN GENERAL.—Subject to paragraph (3), (a) IN GENERAL.—Section 4001 of the Sup- subchapter E. as a condition of continuing eligibility for plemental Appropriations Act, 2008 (Public (b) CONFORMING AMENDMENTS.— emergency unemployment compensation for Law 110-252; 26 U.S.C. 3304 note) is amended (1) Subsection (a) of section 4221 of such any week, an individual shall— by adding at the end the following new sub- Code is amended by striking the last sen- ‘‘(A) in the case of an individual who cer- section: tence. tifies that they are the primary care giver ‘‘(k) CERTIFICATION REGARDING RETRO- (2) Paragraph (2) of section 6416(b) of such for a child that has not attained 1 year of ACTIVE PAYMENTS.—An agreement under this Code is amended by striking the last sen- age, be exempt from any requirements under section shall not apply (or shall cease to tence. (c) CLERICAL AMENDMENT.—The table of this subsection; apply) with respect to a State if, not later subchapter for chapter 32 of such Code is ‘‘(B) in the case of an individual who cer- than 30 days after the date of the enactment amended by striking the item related to sub- tifies that they are the primary care giver of the Emergency Unemployment Compensa- chapter E. for a child that has attained 1 year of age but tion Extension Act of 2014, the State fails to (d) EFFECTIVE DATE.—The amendments certify to the Secretary that retroactive not attained 6 years of age, complete not less made by this section shall apply to sales payment of emergency unemployment com- than 20 hours of any activities described in after December 31, 2012. paragraph (2)(A); pensation pursuant to such Act will not re- ‘‘(C) in the case of a head of household (as sult in increased levels of fraud or overpay- SA 2907. Mr. BLUNT (for himself, Mr. ment with respect to such State.’’. defined in section 2(b) of the Internal Rev- MCCONNELL, and Mr. INHOFE) submitted (b) EFFECTIVE DATE.—The amendment enue Code of 1986) who is not described in an amendment intended to be proposed subparagraphs (A) or (B), complete not less made by this section shall apply to benefits than 30 hours of any activities described in paid for weeks beginning after the date of by him to the bill H.R. 3979, to amend paragraph (2)(A); or the enactment of this Act. the Internal Revenue Code of 1986 to ‘‘(D) in the case of any individual not de- ensure that emergency services volun- scribed in subparagraphs (A), (B), or (C), SA 2904. Mr. HATCH submitted an teers are not taken into account as em- complete not less than 40 hours of any ac- amendment intended to be proposed to ployees under the shared responsibility tivities described in paragraph (2)(A). amendment SA 2874 proposed by Mr. requirements contained in the Patient ‘‘(2) WORK ACTIVITIES.— REID (for Mr. REED (for himself, Mr. Protection and Affordable Care Act; ‘‘(A) IN GENERAL.—The activities described HELLER, Mr. MERKLEY, Ms. COLLINS, which was ordered to lie on the table; in this paragraph shall consist of the fol- Mr. BOOKER, Mr. PORTMAN, Mr. BROWN, as follows: lowing: Ms. MURKOWSKI, Mr. DURBIN, and Mr. ‘‘(i) Actively seeking work (as described in At the end, add the following: subsection (h)(1)). KIRK)) to the bill H.R. 3979, to amend SEC. ll. EMPLOYEES WITH HEALTH COVERAGE ‘‘(ii) Reemployment services and in-person the Internal Revenue Code of 1986 to UNDER TRICARE OR THE VETERANS ensure that emergency services volun- ADMINISTRATION MAY BE EXEMPT- reemployment and eligibility assessment ac- ED FROM EMPLOYER MANDATE tivities (as described in subsection (i)(2)). teers are not taken into account as em- UNDER PATIENT PROTECTION AND ‘‘(iii) Work activities described in section ployees under the shared responsibility AFFORDABLE CARE ACT. 407(d) of the Social Security Act, as adminis- requirements contained in the Patient (a) IN GENERAL.—Section 4980H(c)(2) of the tered by the State agency responsible for ad- Protection and Affordable Care Act; Internal Revenue Code is amended by adding ministration and supervision the program re- which was ordered to lie on the table; at the end the following: ferred to in section 402(a)(1) of such Act. ‘‘(F) EXEMPTION FOR HEALTH COVERAGE as follows: ‘‘(iv) In the case of an individual described UNDER TRICARE OR THE VETERANS ADMINISTRA- in subparagraph (B), attending classes de- On page 2 of the amendment, strike line 20 TION.—Solely for purposes of determining scribed in such subparagraph. and all that follows through page 3, line 2, whether an employer is an applicable large ‘‘(B) GENERAL EDUCATIONAL DEVELOP- and insert the following: ‘‘this section shall employer under this paragraph for any MENT.—In the case of an individual who has apply to weeks of unemployment beginning month, an employer may elect not to take not attained 30 years of age and has not ob- on or after the date of the enactment of this into account for a month as an employee any tained a secondary school diploma or its rec- Act.’’. individual who, for such month, has medical ognized equivalent, such individual, as a con- coverage under— dition of continuing eligibility for emer- SA 2905. Mr. HATCH submitted an ‘‘(i) chapter 55 of title 10, United States gency unemployment compensation for any amendment intended to be proposed by Code, including coverage under the week, shall enroll in a program of study that him to the bill H.R. 3979, to amend the TRICARE program, or

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PROHIBITING FEDERAL PAYMENTS TO STATES FOR UNEMPLOYMENT COM- (b) FINDINGS.—Congress makes the fol- (b) EFFECTIVE DATE.—The amendment PENSATION ADMINISTRATION WITH lowing findings: made by subsection (a) shall apply to months RESPECT TO COSTS FOR OFFICE (1) Achieving economic recovery will re- beginning after December 31, 2013. FURNISHINGS AND MURALS, POR- quire the formation and growth of new com- TRAITS, AND OTHER ARTWORK. panies. SA 2908. Mr. COBURN (for himself, (a) IN GENERAL.—Section 302 of the Social (2) Between 1980 and 2005, companies less Mr. FLAKE, Mr. KING, and Mr. MANCHIN) Security Act (42 U.S.C. 501) is amended by than 5 years old accounted for nearly all net submitted an amendment intended to adding at the end the following new sub- job creation in the United States. section: (3) New firms in the United States create be proposed by him to the bill H.R. ‘‘(d) No portion of the cost of office fur- an average of 3,000,000 jobs per year. 3979, to amend the Internal Revenue nishings or murals, portraits, or other art- (4) To get Americans back to work, entre- Code of 1986 to ensure that emergency work shall be treated as being a cost for the preneurs must be free to innovate, create services volunteers are not taken into proper and efficient administration of the new companies, and hire employees. account as employees under the shared State unemployment compensation law.’’. (b) EFFECTIVE DATE.—The amendment (c) CONDITIONAL PERMANENT RESIDENT STA- responsibility requirements contained TUS FOR IMMIGRANTS WITH AN ADVANCED DE- in the Patient Protection and Afford- made by subsection (a) shall apply to costs incurred on or after the date of the enact- GREE IN A STEM FIELD.— able Care Act; which was ordered to lie ment of this Act. (1) IN GENERAL.—Chapter 2 of title II of the on the table; as follows: Immigration and Nationality Act (8 U.S.C. At the end, add the following: SA 2910. Mr. MCCONNELL (for him- 1181 et seq.) is amended by inserting after section 216A the following: SEC. ll. PROHIBITION ON PAYMENT OF BENE- self and Mr. PAUL) submitted an FITS BASED ON RECEIPT OF UNEM- amendment intended to be proposed by ‘‘SEC. 216B. CONDITIONAL PERMANENT RESI- PLOYMENT COMPENSATION. him to the bill H.R. 3979, to amend the DENT STATUS FOR ALIENS WITH AN ADVANCED DEGREE IN A STEM (a) IN GENERAL.—Title II of the Social Se- Internal Revenue Code of 1986 to ensure FIELD. curity Act (42 U.S.C. 401 et seq.) is amended that emergency services volunteers are ‘‘(a) IN GENERAL.—Notwithstanding any by inserting after section 224 the following not taken into account as employees new section: other provision of this Act, the Secretary of under the shared responsibility re- Homeland Security may adjust the status of ‘‘PROHIBITION ON PAYMENT OF BENEFITS BASED quirements contained in the Patient not more than 50,000 aliens who have earned ON RECEIPT OF UNEMPLOYMENT COMPENSATION Protection and Affordable Care Act; a master’s degree or a doctorate degree at an ‘‘SEC. 224A. (a) If for any month prior to which was ordered to lie on the table; institution of higher education in a STEM the month in which an individual attains re- as follows: field to that of an alien conditionally admit- tirement age (as defined in section ted for permanent residence and authorize 216(l)(1))— At the end, add the following: each alien granted such adjustment of status ‘‘(1) such individual is entitled to benefits SEC. ll. NATIONAL RIGHT TO WORK. to remain in the United States— under section 223, and (a) AMENDMENTS TO THE NATIONAL LABOR ‘‘(1) for up to 1 year after the expiration of ‘‘(2) such individual is entitled for such RELATIONS ACT.— the alien’s student visa under section month to unemployment compensation, (1) RIGHTS OF EMPLOYEES.—Section 7 of the 101(a)(15)(F)(i) if the alien is diligently National Labor Relations Act (29 U.S.C. 157) the total of the individual’s benefits under searching for an opportunity to become ac- is amended by striking ‘‘except to’’ and all section 223 for such month and of any bene- tively engaged in a STEM field; and that follows through ‘‘authorized in section fits under subsections (b) through (h) of sec- ‘‘(2) indefinitely if the alien remains ac- 8(a)(3)’’. tion 202 for such month based on the individ- tively engaged in a STEM field. (2) UNFAIR LABOR PRACTICES.—Section 8 of ual’s wages and self-employment income ‘‘(b) APPLICATION FOR CONDITIONAL PERMA- the National Labor Relations Act (29 U.S.C. shall be reduced to zero. NENT RESIDENT STATUS.—Every alien apply- 158) is amended— ‘‘(b)(1) Notwithstanding any other provi- ing for a conditional permanent resident sta- (A) in subsection (a)(3), by striking sion of law, the head of any Federal agency tus under this section shall submit an appli- ‘‘:Provided, That’’ and all that follows shall provide such information within its cation to the Secretary of Homeland Secu- through ‘‘retaining membership’’; possession as the Commissioner may require rity before the expiration of the alien’s stu- (B) in subsection (b)— for purposes of making a timely determina- dent visa in such form and manner as the (i) in paragraph (2), by striking ‘‘or to dis- tion under this section for reduction of bene- Secretary shall prescribe by regulation. criminate’’ and all that follows through ‘‘re- fits payable under this title, or verifying ‘‘(c) INELIGIBILITY FOR FEDERAL GOVERN- taining membership’’; and other information necessary in carrying out MENT ASSISTANCE.—An alien granted condi- (ii) in paragraph (5), by striking ‘‘covered the provisions of this section. tional permanent resident status under this by an agreement authorized under sub- ‘‘(2) The Commissioner is authorized to section shall not be eligible, while in such section (a)(3) of this section’’; and enter into agreements with States, political status, for— (C) in subsection (f), by striking clause (2) subdivisions, and other organizations that ‘‘(1) any unemployment compensation (as and redesignating clauses (3) and (4) as administer unemployment compensation, in defined in section 85(b) of the Internal Rev- clauses (2) and (3), respectively. order to obtain such information as the Com- enue Code of 1986); or (b) AMENDMENT TO THE RAILWAY LABOR missioner may require to carry out the pro- ‘‘(2) any Federal means-tested public ben- ACT.—Section 2 of the Railway Labor Act (45 efit (as that term is used in section 403 of the visions of this section. U.S.C. 152) is amended by striking paragraph Personal Responsibility and Work Oppor- ‘‘(3) Any determination by the Commis- Eleven. tunity Reconciliation Act of 1996 (8 U.S.C. sioner pursuant to this section shall be sub- (c) EFFECTIVE DATE.—This section, and the ject to the requirements described in section amendments made by this section, shall take 1613)). 205(b)(1), including provision of reasonable effect on the date of enactment of this Act. ‘‘(d) EFFECT ON NATURALIZATION RESIDENCY notice and opportunity for a hearing. REQUIREMENT.—An alien granted conditional ‘‘(c) For purposes of this section, the term SA 2911. Mr. MORAN (for himself and permanent resident status under this section ‘unemployment compensation’ has the mean- Mr. WARNER) submitted an amendment shall be deemed to have been lawfully admit- ing given that term in section 85(b) of the In- intended to be proposed to amendment ted for permanent residence for purposes of ternal Revenue Code of 1986.’’. meeting the 5-year residency requirement SA 2874 proposed by Mr. REID (for Mr. (b) EFFECTIVE DATE.—The amendment set forth in section 316(a)(1). EED ELLER made by subsection (a) shall apply to bene- R (for himself, Mr. H , Mr. ‘‘(e) REMOVAL OF CONDITION.—The Sec- fits payable for months beginning after 180 MERKLEY, Ms. COLLINS, Mr. BOOKER, retary of Homeland Security shall remove days after the date of enactment of this Act. Mr. PORTMAN, Mr. BROWN, Ms. MUR- the conditional basis of an alien’s condi- KOWSKI, Mr. DURBIN, and Mr. KIRK)) to tional permanent resident status under this SA 2909. Mr. COBURN submitted an the bill H.R. 3979, to amend the Inter- section on the date that is 5 years after the amendment intended to be proposed by nal Revenue Code of 1986 to ensure that date such status was granted if the alien him to the bill H.R. 3979, to amend the emergency services volunteers are not maintained his or her eligibility for such sta- Internal Revenue Code of 1986 to ensure taken into account as employees under tus during the entire 5-year period. ‘‘(f) DEFINITIONS.—In this section: that emergency services volunteers are the shared responsibility requirements ‘‘(1) ACTIVELY ENGAGED IN A STEM FIELD.— not taken into account as employees contained in the Patient Protection The term ‘actively engaged in a STEM under the shared responsibility re- and Affordable Care Act; which was or- field’— quirements contained in the Patient dered to lie on the table; as follows: ‘‘(A) means—

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‘‘(i) gainfully employed in a for-profit busi- ‘‘(b) APPLICATION FOR CONDITIONAL PERMA- (D) in subsection (d)(1)(B), by striking the ness or nonprofit organization in the United NENT RESIDENT STATUS.—Every alien apply- period at the end and inserting ‘‘or 210A, as States in a STEM field; ing for a conditional immigrant visa under appropriate.’’; and ‘‘(ii) teaching 1 or more STEM field this section shall submit an application to (E) in subsection (f)(1), by striking the pe- courses at an institution of higher edu- the Secretary of Homeland Security in such riod at the end and inserting ‘‘or 210A.’’. cation; or form and manner as the Secretary shall pre- (f) GOVERNMENT ACCOUNTABILITY OFFICE ‘‘(iii) employed by a Federal, State, or scribe by regulation. STUDY.— (1) IN GENERAL.—Not later than 3 years local government entity; and ‘‘(c) REVOCATION.—If, during the 4-year pe- ‘‘(B) includes any period of up to 6 months riod beginning on the date that an alien is after the date of the enactment of this Act, during which the alien does not meet the re- granted a visa under this section, the Sec- the Comptroller General of the United States quirement under subparagraph (A) if such pe- retary of Homeland Security determines shall submit a report to Congress on the riod was immediately preceded by a 1-year that such alien is no longer a qualified alien qualified alien entrepreneurs granted immi- period during which the alien met the re- entrepreneur, the Secretary shall— grant status under section 210A of the Immi- quirement under subparagraph (A). ‘‘(1) revoke such visa; and gration and Nationality Act, as added by ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— ‘‘(2) notify the alien that the alien— subsection (e)(1). The term ‘institution of higher education’ ‘‘(A) may voluntarily depart from the (2) CONTENTS.—The report described in has the meaning given the term in section United States in accordance to section 240B; paragraph (1) shall include information re- 101(a) of the Higher Education Act of 1965 (20 or garding— U.S.C. 1001(a)). ‘‘(B) will be subject to removal proceedings (A) the number of qualified alien entre- ‘‘(3) STEM FIELD.—The term ‘STEM field’ under section 240 if the alien does not depart preneurs who have received immigrant sta- means any field of study or occupation in- from the United States not later than 6 tus under section 210A of the Immigration cluded on the most recent STEM-Designated months after receiving such notification. and Nationality Act, listed by country of ori- Degree Program List published in the Fed- gin; eral Register by the Department of Home- ‘‘(d) REMOVAL OF CONDITIONAL BASIS.—The (B) the localities in which such qualified land Security (as described in section Secretary of Homeland Security shall re- alien entrepreneurs have initially settled; 214.2(f)(11)(i)(C)(2) of title 8, Code of Federal move the conditional basis of the status of (C) whether such qualified alien entre- Regulations).’’. an alien issued an immigrant visa under this preneurs generally remain in the localities (2) CLERICAL AMENDMENT.—The table of section on that date that is 4 years after the in which they initially settle; contents in the first section of the Immigra- date on which such visa was issued if such (D) the types of commercial enterprises tion and Nationality Act (8 U.S.C. 1101 et visa was not revoked pursuant to subsection that such qualified alien entrepreneurs have seq.) is amended by inserting after the item (c). established; and relating to section 216A the following: ‘‘(e) DEFINITIONS.—In this section: (E) the types and number of jobs created ‘‘Sec. 216B. Conditional permanent resident ‘‘(1) FULL-TIME EMPLOYEE.—The term ‘full- by such qualified alien entrepreneurs. status for aliens with an ad- time employee’ means a United States cit- (g) ELIMINATION OF THE PER-COUNTRY NU- vanced degree in a STEM izen or legal permanent resident who is paid MERICAL LIMITATION FOR EMPLOYMENT-BASED field.’’. by the new business entity registered by a VISAS.— (d) GOVERNMENT ACCOUNTABILITY OFFICE qualified alien entrepreneur at a rate that is (1) IN GENERAL.—Section 202(a)(2) of the STUDY.— comparable to the median income of employ- Immigration and Nationality Act (8 U.S.C. (1) IN GENERAL.—Not later than 3 years ees in the region. 1152(a)(2)) is amended— after the date of the enactment of this Act, ‘‘(2) QUALIFIED ALIEN ENTREPRENEUR.—The (A) in the paragraph heading, by striking the Comptroller General of the United States term ‘qualified alien entrepreneur’ means an ‘‘AND EMPLOYMENT-BASED’’; shall submit a report to Congress on the alien who— (B) by striking ‘‘(3), (4), and (5),’’ and in- alien college graduates granted immigrant ‘‘(A) at the time the alien applies for an serting ‘‘(3) and (4),’’; status under section 216B of the Immigration immigrant visa under this section— (C) by striking ‘‘subsections (a) and (b) of and Nationality Act, as added by subsection ‘‘(i) is lawfully present in the United section 203’’ and inserting ‘‘section 203(a)’’; (c). States; and (D) by striking ‘‘7’’ and inserting ‘‘15’’; and (2) CONTENTS.—The report described in ‘‘(ii)(I) holds a nonimmigrant visa pursu- (E) by striking ‘‘such subsections’’ and in- paragraph (1) shall include— ant to section 101(a)(15)(H)(i)(b); or serting ‘‘such section’’. (A) the number of aliens described in para- ‘‘(II) holds a nonimmigrant visa pursuant (2) CONFORMING AMENDMENTS.—Section 202 graph (1) who have earned a master’s degree, to section 101(a)(15)(F)(i); of the Immigration and Nationality Act (8 broken down by the number of such degrees ‘‘(B) during the 1-year period beginning on U.S.C. 1152) is amended— in science, technology, engineering, and the date the alien is granted a visa under (A) in subsection (a)(3), by striking ‘‘both mathematics; this section— subsections (a) and (b) of section 203’’ and in- (B) the number of aliens described in para- ‘‘(i) registers at least 1 new business entity serting ‘‘section 203(a)’’; graph (1) who have earned a doctorate de- in a State; (B) by striking subsection (a)(5); and gree, broken down by the number of such de- ‘‘(ii) employs, at such business entity in (C) by amending subsection (e) to read as grees in science, technology, engineering, the United States, at least 2 full-time em- follows: and mathematics; ployees who are not relatives of the alien; ‘‘(e) SPECIAL RULES FOR COUNTRIES AT (C) the number of aliens described in para- and CEILING.—If it is determined that the total graph (1) who have founded a business in the ‘‘(iii) invests, or raises capital investment number of immigrant visas made available United States in a STEM field; of, not less than $100,000 in such business en- under section 203(a) to natives of any single (D) the number of aliens described in para- tity; and foreign state or dependent area will exceed graph (1) who are employed in the United ‘‘(C) during the 3-year period beginning on the numerical limitation specified in sub- States in a STEM field, broken down by em- the last day of the 1-year period described in section (a)(2) in any fiscal year, in deter- ployment sector (for profit, nonprofit, or paragraph (2), employs, at such business en- mining the allotment of immigrant visa government); and tity in the United States, an average of at numbers to natives under section 203(a), visa (E) the number of aliens described in para- least 5 full-time employees who are not rel- numbers with respect to natives of that state graph (1) who are employed by an institution atives of the alien.’’. or area shall be allocated (to the extent prac- of higher education. (B) TABLE OF CONTENTS AMENDMENT.—The ticable and otherwise consistent with this (3) DEFINITIONS.—In this subsection, the table of contents in the first section of the section and section 203) in a manner so that, terms ‘‘institution of higher education’’ and Immigration and Nationality Act (8 U.S.C. except as provided in subsection (a)(4), the ‘‘STEM field’’ have the meanings given such 1101 et seq.) is amended by adding after the proportion of the visa numbers made avail- terms in section 216B(f) of the Immigration item relating to section 210 the following: able under each of paragraphs (1) through (4) and Nationality Act, as added by subsection of section 203(a) is equal to the ratio of the (c). ‘‘Sec. 210A. Qualified alien entrepreneurs.’’. total number of visas made available under (e) IMMIGRANT ENTREPRENEURS.— (2) CONDITIONAL PERMANENT RESIDENT STA- the respective paragraph to the total number (1) QUALIFIED ALIEN ENTREPRENEURS.— TUS.—Section 216A of the Immigration and of visas made available under section (A) ADMISSION AS IMMIGRANTS.—Chapter 1 Nationality Act (8 U.S.C. 1186b) is amended— 203(a).’’. of title II of the Immigration and Nation- (A) by striking ‘‘Attorney General’’ each (3) COUNTRY-SPECIFIC OFFSET.—Section 2 of ality Act (8 U.S.C. 1151 et seq.) is amended by place such term appears and inserting ‘‘Sec- the Chinese Student Protection Act of 1992 (8 adding at the end the following: retary of Homeland Security’’; U.S.C. 1255 note) is amended— ‘‘SEC. 210A. QUALIFIED ALIEN ENTREPRENEURS. (B) in subsection (b)(1)(C), by striking (A) in subsection (a), by striking ‘‘sub- ‘‘(a) ADMISSION AS IMMIGRANTS.—The Sec- ‘‘203(b)(5),’’ and inserting ‘‘203(b)(5) or 210A, section (e))’’ and inserting ‘‘subsection (d))’’; retary of Homeland Security, in accordance as appropriate,’’; and with the provisions of this section and sec- (C) in subsection (c)(1), by striking ‘‘alien (B) by striking subsection (d) and redesig- tion 216A, may issue a conditional immi- entrepreneur must’’ each place such term ap- nating subsection (e) as subsection (d). grant visa to not more than 75,000 qualified pears and inserting ‘‘alien entrepreneur (h) TRANSITION RULES FOR EMPLOYMENT- alien entrepreneurs. shall’’; BASED IMMIGRANTS.—

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(1) IN GENERAL.—Subject to the paragraphs (B) TECHNICAL AMENDMENT.—Subclause (II) ‘‘(B) REVOCATION.—An election under this (2) and (4) and notwithstanding title II of the of section 53(d)(1)(B)(ii) of such Code is subsection may not be revoked without the Immigration and Nationality Act (8 U.S.C. amended by striking ‘‘, (5), and (7)’’ and in- consent of the Secretary. 1151 et seq.), the following rules shall apply: serting ‘‘and (5)’’. ‘‘(C) LIMITATION.—A taxpayer may not (A) For fiscal year 2014, 15 percent of the (3) REPEAL OF 28 PERCENT CAPITAL GAINS make an election under this subsection if immigrant visas made available under each RATE ON QUALIFIED SMALL BUSINESS STOCK.— such taxpayer has made an election under of paragraphs (2) and (3) of section 203(b) of (A) IN GENERAL.—Subparagraph (A) of sec- this subsection for 5 or more preceding tax- such Act (8 U.S.C. 1153(b)) shall be allotted to tion 1(h)(4) of the Internal Revenue Code of able years. immigrants who are natives of a foreign 1986 is amended to read as follows: ‘‘(5) AGGREGATION RULES.—For purposes of state or dependent area that was not one of ‘‘(A) collectibles gain, over’’. determining the $250,000 limitation under the 2 states with the largest aggregate num- (B) CONFORMING AMENDMENTS.— paragraph (2) and determining gross receipts bers of natives obtaining immigrant visas (i) Section 1(h) of such Code is amended by under paragraph (3), all members of the same during fiscal year 2012 under such para- striking paragraph (7). controlled group of corporations (within the graphs. (ii)(I) Section 1(h) of such Code is amended meaning of section 267(f)) and all persons (B) For fiscal year 2015, 10 percent of the by redesignating paragraphs (8), (9), (10), (11), under common control (within the meaning immigrant visas made available under each (12), and (13) as paragraphs (7), (8), (9), (10), of section 52(b) but determined by treating of such paragraphs shall be allotted to immi- (11), and (12), respectively. an interest of more than 50 percent as a con- grants who are natives of a foreign state or (II) Sections 163(d)(4)(B), 854(b)(5), trolling interest) shall be treated as 1 person. dependent area that was not one of the 2 857(c)(2)(D) of such Code are each amended ‘‘(6) REGULATIONS.—The Secretary shall states with the largest aggregate numbers of by striking ‘‘section 1(h)(11)(B)’’ and insert- prescribe such regulations as may be nec- natives obtaining immigrant visas during ing ‘‘section 1(h)(10)(B)’’. essary to carry out the purposes of this sub- fiscal year 2013 under such paragraphs. (III) The following sections of such Code section, including— (C) For fiscal year 2016, 10 percent of the are each amended by striking ‘‘section ‘‘(A) regulations to prevent the avoidance immigrant visas made available under each 1(h)(11)’’ and inserting ‘‘section 1(h)(10)’’: of the purposes of paragraph (3) through the of such paragraphs shall be allotted to immi- (aa) Section 301(f)(4). use of successor companies or other means, grants who are natives of a foreign state or (bb) Section 306(a)(1)(D). ‘‘(B) regulations to minimize compliance dependent area that was not one of the 2 (cc) Section 584(c). and recordkeeping burdens under this sub- states with the largest aggregate numbers of (dd) Section 702(a)(5). section for start-up companies, and natives obtaining immigrant visas during (ee) Section 854(a). ‘‘(C) regulations for recapturing the benefit fiscal year 2014 under such paragraphs. (ff) Section 854(b)(2). of credits determined under section 3111(f) in (2) PER-COUNTRY LEVELS.— (IV) The heading of section 857(c)(2) is cases where there is a subsequent adjust- (A) RESERVED VISAS.—With respect to the amended by striking ‘‘1(h)(11)’’ and inserting ment to the payroll tax credit portion of the visas reserved under each of subparagraphs ‘‘1(h)(10)’’. credit determined under subsection (a), in- (A) through (C) of paragraph (1), the number (4) EFFECTIVE DATE.—The amendments cluding requiring amended returns in the of such visas made available to natives of made by this subsection shall apply to stock cases where there is such an adjustment.’’. any single foreign state or dependent area in acquired after December 31, 2013. (B) CONFORMING AMENDMENT.—Section the appropriate fiscal year may not exceed 25 (j) RESEARCH CREDIT FOR STARTUP COMPA- 280C(c) of the Internal Revenue Code of 1986 percent (in the case of a single foreign state) NIES.— is amended by adding at the end the fol- or 2 percent (in the case of a dependent area) (1) IN GENERAL.— lowing new paragraph: of the total number of such visas. (A) IN GENERAL.—Section 41 of the Internal ‘‘(5) TREATMENT OF QUALIFIED SMALL BUSI- (B) UNRESERVED VISAS.—With respect to Revenue Code of 1986 is amended by adding NESS CREDIT.—For purposes of determining the immigrant visas made available under at the end the following new subsection: the amount of any credit under section 41(a) each of paragraphs (2) and (3) of section ‘‘(i) TREATMENT OF CREDIT TO QUALIFIED under this subsection, any election under 203(b) of such Act (8 U.S.C. 1153(b)) and not SMALL BUSINESSES.— section 41(i) shall be disregarded.’’. reserved under paragraph (1), for each of fis- ‘‘(1) IN GENERAL.—At the election of a (2) CREDIT ALLOWED AGAINST FICA TAXES.— cal years 2013, 2014, and 2015, not more than qualified small business, the payroll tax (A) IN GENERAL.—Section 3111 of the Inter- 85 percent shall be allotted to immigrants credit portion of the credit determined under nal Revenue Code of 1986 is amended by add- who are natives of any single foreign state. subsection (a) shall be treated as a credit al- ing at the end the following new subsection: (3) SPECIAL RULE TO PREVENT UNUSED lowed under section 3111(f) (and not under ‘‘(f) CREDIT FOR RESEARCH EXPENDITURES VISAS.—If, with respect to fiscal year 2014, this section). OF QUALIFIED SMALL BUSINESSES.— 2015, or 2016, the operation of paragraphs (1) ‘‘(2) PAYROLL TAX CREDIT PORTION.—For ‘‘(1) IN GENERAL.—In the case of a qualified and (2) would prevent the total number of purposes of this subsection, the payroll tax small business which has made an election immigrant visas made available under para- credit portion of the credit determined under under section 41(i), there shall be allowed as graph (2) or (3) of section 203(b) of such Act subsection (a) for any taxable year is so a credit against the tax imposed by sub- (8 U.S.C. 1153(b)) from being issued, such much of such credit as does not exceed section (a) on wages paid with respect to the visas may be issued during the remainder of $250,000. employment of all employees of the qualified such fiscal year without regard to para- ‘‘(3) QUALIFIED SMALL BUSINESS.—For pur- small business for days in an applicable cal- graphs (1) and (2). poses of this subsection— endar quarter an amount equal to the pay- (4) RULES FOR CHARGEABILITY.—Section ‘‘(A) IN GENERAL.—The term ‘qualified roll tax credit portion of the research credit 202(b) of the Immigration and Nationality small business’ means, with respect to any determined under section 41(a). Act (8 U.S.C. 1152(b)) shall apply in deter- taxable year— ‘‘(2) CARRYOVER OF UNUSED CREDIT.—In any mining the foreign state to which an alien is ‘‘(i) a corporation, partnership, or S cor- case in which the payroll tax credit portion chargeable for purposes of this subsection. poration if— of the research credit determined under sec- (i) CAPITAL GAINS TAX EXEMPTION FOR ‘‘(I) the gross receipts (as determined tion 41(a) exceeds the tax imposed under sub- STARTUP COMPANIES.— under subsection (c)(7)) of such entity for the section (a) for an applicable calendar quar- (1) PERMANENT FULL EXCLUSION.— taxable year is less than $5,000,000, and ter— (A) IN GENERAL.—Subsection (a) of section ‘‘(II) such entity did not have gross re- ‘‘(A) the succeeding calendar quarter shall 1202 of the Internal Revenue Code of 1986 is ceipts (as so determined) for any period pre- be treated as an applicable calendar quarter, amended to read as follows: ceding the 5-taxable-year period ending with and ‘‘(a) EXCLUSION.—In the case of a taxpayer such taxable year, and ‘‘(B) the amount of credit allowed under other than a corporation, gross income shall ‘‘(ii) any person not described in subpara- paragraph (1) shall be reduced by the amount not include 100 percent of any gain from the graph (A) if clauses (i) and (ii) of subpara- of credit allowed under such paragraph for sale or exchange of qualified small business graph (A) applied to such person, deter- all preceding applicable calendar quarters. stock held for more than 5 years.’’. mined— ‘‘(3) ALLOCATION OF CREDIT FOR CONTROLLED (B) CONFORMING AMENDMENTS.— ‘‘(I) by substituting ‘person’ for ‘entity’ GROUPS, ETC.—In determining the amount of (i) The heading for section 1202 of such each place it appears, and the credit under this subsection— Code is amended by striking ‘‘PARTIAL’’. ‘‘(II) in the case of an individual, by only ‘‘(A) all persons treated as a single tax- (ii) The item relating to section 1202 in the taking into account the aggregate gross re- payer under section 41 shall be treated as a table of sections for part I of subchapter P of ceipts received by such individual in car- single taxpayer under this section, and chapter 1 of such Code is amended by strik- rying on trades or businesses of such indi- ‘‘(B) the credit (if any) allowable by this ing ‘‘Partial exclusion’’ and inserting ‘‘Ex- vidual. section to each such member shall be its pro- clusion’’. ‘‘(B) LIMITATION.—Such term shall not in- portionate share of the qualified research ex- (iii) Section 1223(13) of such Code is amend- clude an organization which is exempt from penses, basic research payments, and ed by striking ‘‘1202(a)(2),’’. taxation under section 501. amounts paid or incurred to energy research (2) REPEAL OF MINIMUM TAX PREFERENCE.— ‘‘(4) ELECTION.— consortiums, giving rise to the credit allow- (A) IN GENERAL.—Subsection (a) of section ‘‘(A) IN GENERAL.—In the case of a partner- able under section 41. 57 of the Internal Revenue Code of 1986 is ship or S corporation, an election under this ‘‘(4) DEFINITIONS.—For purposes of this sub- amended by striking paragraph (7). subsection shall be made at the entity level. section—

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‘‘(A) APPLICABLE CALENDAR QUARTER.—The $100,000,000 for each of fiscal years 2015 accordance with the process and performance term ‘applicable calendar quarter’ means— through 2019, shall transfer 0.15 percent of metrics recommended by the Council. ‘‘(i) the first calendar quarter following the such extramural budget for each of such fis- (E) LIMITATIONS.— date on which the qualified small business cal years to the Secretary to enable the Sec- (i) PROJECT MANAGEMENT COSTS.—A grant files a return under section 6012 for the tax- retary to carry out a grant program in ac- recipient may use not more than 10 percent able year for which the payroll tax credit cordance with this paragraph. of grant funds awarded under this paragraph portion of the research credit under section (B) GRANTS.— for the purpose of funding project manage- 41(a) is determined, and (i) AWARDING OF GRANTS.— ment costs of the grant program. ‘‘(ii) any succeeding calendar quarter (I) IN GENERAL.—From funds transferred (ii) SUPPLEMENT, NOT SUPPLANT.—An insti- treated as an applicable calendar quarter under subparagraph (A), the Secretary shall tution of higher education that receives a under paragraph (2)(A). use the criteria developed by the Council to grant under this paragraph shall use the ‘‘For purposes of determining the date on award grants to institutions of higher edu- grant funds to supplement, and not supplant, which a return is filed, rules similar to the cation, including consortia of institutions of non-Federal funds that would, in the absence rules of section 6513 shall apply. higher education, for initiatives to improve of such grant funds, be made available for ac- ‘‘(B) OTHER TERMS.—Any term used in this commercialization and transfer of tech- tivities described in this subsection. subsection which is also used in section 41 nology. (F) UNSPENT FUNDS.—Any funds transferred shall have the meaning given such term to the Secretary under subparagraph (A) for (II) REQUEST FOR PROPOSALS.—Not later under section 41.’’. than 30 days after the Council submits the a fiscal year that are not expended by the (B) TRANSFERS TO FEDERAL OLD-AGE AND end of such fiscal year may be expended in recommendations for criteria to the Sec- SURVIVORS INSURANCE TRUST FUND.—There any subsequent fiscal year through fiscal retary under paragraph (3)(B)(i), and annu- are hereby appropriated to the Federal Old- year 2019. Any funds transferred under sub- ally thereafter for each fiscal year for which Age and Survivors Trust Fund and the Fed- paragraph (A) that are remaining at the end the grant program is authorized, the Sec- eral Disability Insurance Trust Fund estab- of the grant program’s authorization under retary shall release a request for proposals. lished under section 201 of the Social Secu- this subsection shall be transferred to the (III) APPLICATIONS.—Each institution of rity Act (42 U.S.C. 401) amounts equal to the Treasury for deficit reduction. higher education that desires to receive a reduction in revenues to the Treasury by (3) COUNCIL.— grant under this subsection shall submit an reason of the amendments made by para- (A) IN GENERAL.—Not later than 120 days graph (1). Amounts appropriated by the pre- application to the Secretary not later than after the date of the enactment of this Act, ceding sentence shall be transferred from the 90 days after the Secretary releases the re- the Council shall convene and develop rec- general fund at such times and in such man- quest for proposals under subclause (II). ommendations for criteria in awarding ner as to replicate to the extent possible the (IV) COUNCIL REVIEW.— grants to institutions of higher education transfers which would have occurred to such (aa) IN GENERAL.—The Secretary shall sub- under paragraph (2). Trust Fund had such amendments not been mit each application received under sub- (B) SUBMISSION TO COMMERCE AND PUBLICLY enacted. clause (III) to the Council for Council review. RELEASED.—The Council shall— (3) EFFECTIVE DATE.—The amendments (bb) RECOMMENDATIONS.—The Council shall (i) submit the recommendations described made by this subsection shall apply to tax- review each application received under item in subparagraph (A) to the Secretary; and able years beginning after December 31, 2012. (aa) and submit recommendations for grant (ii) release the recommendations to the (k) ACCELERATED COMMERCIALIZATION OF awards to the Secretary, including funding public. TAXPAYER-FUNDED RESEARCH.— recommendations for each proposal. (C) MAJORITY VOTE.—The recommendations (1) DEFINITIONS.—In this subsection: (cc) PUBLIC RELEASE.—The Council shall submitted by the Council under subpara- (A) COUNCIL.—The term ‘‘Council’’ means publicly release any recommendations made graph (A) shall be determined by a majority the Advisory Council on Innovation and En- under item (bb). vote of Council members. trepreneurship of the Department of Com- (dd) CONSIDERATION OF RECOMMENDA- (D) PERFORMANCE METRICS.—The Council merce established pursuant to section 25(c) TIONS.—In awarding grants under this sub- shall develop and provide to the Secretary of the Stevenson-Wydler Technology Innova- section, the Secretary shall take into consid- recommendations on performance metrics to tion Act of 1980 (15 U.S.C. 3720(c)). eration the recommendations of the Council be used to evaluate grants awarded under (B) EXTRAMURAL BUDGET.—The term ‘‘ex- under item (bb)). paragraph (2). tramural budget’’ means the sum of the total (ii) COMMERCIALIZATION CAPACITY BUILDING (E) EVALUATION.— obligations minus amounts obligated for GRANTS.— (i) IN GENERAL.—Not later than 180 days be- such activities by employees of the agency in (I) IN GENERAL.—The Secretary shall award fore the date on which the grant program au- or through Government-owned, Government- grants to support institutions of higher edu- thorized under paragraph (2) expires, the operated facilities, except that for the De- cation pursuing specific innovative initia- Council shall conduct an evaluation of the partment of Energy it shall not include tives to improve an institution’s capacity to effect that the grant program is having on amounts obligated for atomic energy defense commercialize faculty research that can be accelerating the commercialization of fac- programs solely for weapons activities or for widely adopted if the research yields measur- ulty research. naval reactor programs, and except that for able results. (ii) INCLUSIONS.—The evaluation shall in- the Agency for International Development it (II) CONTENT OF PROPOSALS.—Grants shall clude— shall not include amounts obligated solely be awarded under this clause to proposals (I) the recommendation of the Council as for general institutional support of inter- demonstrating the capacity for accelerated to whether the grant program should be con- national research centers or for grants to commercialization, proof-of-concept pro- tinued or terminated; foreign countries. ficiency, and translating scientific discov- (II) quantitative data related to the effect, (C) INSTITUTION OF HIGHER EDUCATION.—The eries and cutting-edge inventions into tech- if any, that the grant program has had on term ‘‘institution of higher education’’ has nological innovations and new companies. In faculty research commercialization; and the meaning given the term in section 101(a) particular, grant funds shall seek to support (III) a description of lessons learned in ad- of the Higher Education Act of 1965 (20 U.S.C. innovative approaches to achieving these ministering the grant program, and how 1001(a)). goals that can be replicated by other institu- those lessons could be applied to future ef- (D) RESEARCH OR RESEARCH AND DEVELOP- tions of higher education if the innovative forts to accelerate commercialization of fac- MENT.—The term ‘‘research’’ or ‘‘research approaches are successful. ulty research. and development’’ means any activity that (iii) COMMERCIALIZATION ACCELERATOR (iii) AVAILABILITY.—Upon completion of is— GRANTS.—The Secretary shall award grants the evaluation, the evaluation shall be made (i) a systematic, intensive study directed to support institutions of higher education available on a public website and submitted toward greater knowledge or understanding pursuing initiatives that allow faculty to di- to Congress. The Secretary shall notify all of the subject studied; rectly commercialize research in an effort to institutions of higher education when the (ii) a systematic study directed specifically accelerate research breakthroughs. The Sec- evaluation is published and how it can be toward applying new knowledge to meet a retary shall prioritize those initiatives that accessed. recognized need; or have a management structure that encour- (4) CONSTRUCTION.—Nothing in this sub- (iii) a systematic application of knowledge ages collaboration between other institu- section may be construed to alter, modify, or toward the production of useful materials, tions of higher education or other entities amend any provision of chapter 18 of title 35, devices, and systems or methods, including with demonstrated proficiency in creating United States Code (commonly known as the design, development, and improvement of and growing new companies based on ‘‘Bayh-Dole Act’’). prototypes and new processes to meet spe- verifiable metrics. (l) ECONOMIC IMPACT OF SIGNIFICANT FED- cific requirements. (C) ASSESSMENT OF SUCCESS.—Grants ERAL AGENCY RULES.—Section 553 of title 5, (E) SECRETARY.—The term ‘‘Secretary’’ awarded under this paragraph shall use cri- United States Code, is amended by adding at means the Secretary of Commerce. teria for assessing the success of programs the end the following: (2) GRANT PROGRAM AUTHORIZED.— through the establishment of benchmarks. ‘‘(f) REQUIRED REVIEW BEFORE ISSUANCE OF (A) IN GENERAL.—Each Federal agency that (D) TERMINATION.—The Secretary shall SIGNIFICANT RULES.— has an extramural budget for research or re- have the authority to terminate grant fund- ‘‘(1) IN GENERAL.—Before issuing a notice of search and development that is in excess of ing to an institution of higher education in proposed rulemaking in the Federal Register

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1985 regarding the issuance of a proposed signifi- ‘‘(B) post the results of the review con- the benefits they would receive from partici- cant rule, the head of the Federal agency or ducted under paragraph (1) on a publicly pating in the survey. independent regulatory agency seeking to available website. (5) VOLUNTARY PARTICIPATION.—Business issue the rule shall complete a review, to the ‘‘(4) JUDICIAL REVIEW.—Any determinations owners selected to participate in a survey extent permitted by law, that— made, or other actions taken, by an agency conducted under this subsection may decline ‘‘(A) analyzes the problem that the pro- or independent regulatory agency under this to participate without penalty. posed rule intends to address, including— subsection shall not be subject to judicial re- (6) REPORT.—Not later than 18 months ‘‘(i) the specific market failure, such as view. after the date of the enactment of this Act, externalities, market power, or lack of infor- ‘‘(5) DEFINED TERM.—In this subsection the and every 3 months thereafter, the Secretary mation, that justifies such rule; or term ‘significant rule’ means a rule that is shall use the data compiled under paragraph ‘‘(ii) any other specific problem, such as likely to— (2) to prepare a report that— the failures of public institutions, that justi- ‘‘(A) have an annual effect on the economy (A) lists the aggregate number of new busi- of $100,000,000 or more; fies such rule; nesses formed in the United States; ‘‘(B) adversely affect, in a material way, ‘‘(B) analyzes the expected impact of the (B) lists the aggregate number of persons the economy, a sector of the economy, pro- proposed rule on the ability of new busi- employed by new businesses formed in the ductivity, competition, jobs, the environ- United States; nesses to form and expand; ment, public health or safety, or State, local, ‘‘(C) identifies the expected impact of the (C) analyzes the payroll of new businesses or tribal governments or communities; or formed in the United States; proposed rule on State, local, and tribal gov- ‘‘(C) create a serious inconsistency or oth- ernments, including the availability of re- (D) summarizes the data collected under erwise interfere with an action taken or paragraph (2); and sources— planned by another agency.’’. ‘‘(i) to carry out the mandates imposed by (E) identifies the most effective means by (m) BIENNIAL STATE STARTUP BUSINESS RE- which government officials can encourage the rule on such government entities; and PORT.— the formation and growth of new businesses ‘‘(ii) to minimize the burdens that unique- (1) DATA COLLECTION.—The Secretary of in the United States. ly or significantly affect such governmental Commerce shall regularly compile informa- (7) DISTRIBUTION.—The Secretary shall— entities, consistent with achieving regu- tion from each of the 50 States and the Dis- (A) submit each report prepared under latory objectives; trict of Columbia on State laws that affect paragraph (6) to Congress; and ‘‘(D) identifies any conflicting or duplica- the formation and growth of new businesses (B) make each report available to the pub- tive regulations; within the State or District. lic on the website of the Department of Com- ‘‘(E) determines— (2) REPORT.—Not later than 18 months merce. ‘‘(i) if existing laws or regulations created, after the date of the enactment of this Act, (8) AUTHORIZATION OF APPROPRIATIONS.— or contributed to, the problem that the new and every 2 years thereafter, the Secretary, There are authorized to be appropriated such using data compiled under paragraph (1), rule is intended to correct; and sums as may be necessary to carry out this shall prepare a report that— ‘‘(ii) if the laws or regulations referred to subsection. in clause (i) should be modified to more ef- (A) analyzes the economic effect of State (o) RESCISSION OF UNSPENT FEDERAL and District laws that either encourage or fectively achieve the intended goal of the FUNDS.— inhibit business formation and growth; and rule; and (1) IN GENERAL.—Notwithstanding any (B) ranks the States and the District based ‘‘(F) includes the cost-benefit analysis de- other provision of law, of all available unob- on the effectiveness with which their laws scribed in paragraph (2). ligated funds for fiscal year 2014, the amount ‘‘(2) COST-BENEFIT ANALYSIS.—A cost-ben- foster new business creation and economic growth. necessary to carry out this section and the efit analysis described in this paragraph amendments made by this section in appro- shall include— (3) DISTRIBUTION.—The Secretary shall— (A) submit each report prepared under priated discretionary funds are hereby re- ‘‘(A)(i) an assessment, including the under- scinded. lying analysis, of benefits anticipated from paragraph (1) to Congress; and (B) make each report available to the pub- (2) IMPLEMENTATION.—The Director of the the proposed rule, such as— Office of Management and Budget shall de- ‘‘(I) promoting the efficient functioning of lic on the website of the Department of Com- merce. termine and identify from which appropria- the economy and private markets; tion accounts the rescission under paragraph (4) INCLUSION OF LARGE METROPOLITAN ‘‘(II) enhancing health and safety; (1) shall apply and the amount of such rescis- AREAS.—Not later than 90 days after the sub- ‘‘(III) protecting the natural environment; sion that shall apply to each such account. and mission of the first report under this subsection, the Secretary of Commerce shall Not later than 60 days after the date of the ‘‘(IV) eliminating or reducing discrimina- submit a study to Congress on the feasibility enactment of this Act, the Director of the tion or bias; and and advisability of including, in future re- Office of Management and Budget shall sub- ‘‘(ii) the quantification of the benefits de- ports, information about the effect of local mit a report to the Secretary of the Treas- scribed in clause (i), to the extent feasible; laws and ordinances on the formation and ury and Congress of the accounts and ‘‘(B)(i) an assessment, including the under- growth of new businesses in large metropoli- amounts determined and identified for re- lying analysis, of costs anticipated from the tan areas within the United States. scission under the preceding sentence. proposed rule, such as— (5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(I) the direct costs to the Federal Govern- There are authorized to be appropriated such SA 2912. Mr. THUNE submitted an ment to administer the rule; sums as may be necessary to carry out this amendment intended to be proposed by ‘‘(II) the direct costs to businesses and oth- subsection. him to the bill H.R. 3979, to amend the ers to comply with the rule; and (n) NEW BUSINESS FORMATION REPORT.— Internal Revenue Code of 1986 to ensure ‘‘(III) any adverse effects on the efficient (1) IN GENERAL.—The Secretary of Com- that emergency services volunteers are functioning of the economy, private markets merce shall regularly compile quantitative (including productivity, employment, and not taken into account as employees and qualitative information on businesses in under the shared responsibility re- competitiveness), health, safety, and the the United States that are not more than 1 natural environment; and year old. quirements contained in the Patient ‘‘(ii) the quantification of the costs de- (2) DATA COLLECTION.—The Secretary Protection and Affordable Care Act; scribed in clause (i), to the extent feasible; shall— which was ordered to lie on the table; ‘‘(C)(i) an assessment, including the under- (A) regularly compile information from the as follows: lying analysis, of costs and benefits of poten- Bureau of the Census’ business register on At the appropriate place, insert the fol- tially effective and reasonably feasible alter- new business formation in the United States; lowing: natives to the proposed rule, which have and TITLE XX—SOLUTIONS TO LONG-TERM been identified by the agency or by the pub- (B) conduct quarterly surveys of business UNEMPLOYMENT lic, including taking reasonably viable non- owners who start a business during the 1- regulatory actions; and year period ending on the date on which such SEC. ll1. SHORT TITLE. ‘‘(ii) an explanation of why the proposed survey is conducted to gather qualitative in- This title may be cited as the ‘‘Solutions rule is preferable to the alternatives identi- formation about the factors that influenced to Long-Term Unemployment Act’’. fied under clause (i). their decision to start the business. Subtitle A—Exemption From Affordable Care ‘‘(3) REPORT.—Before issuing a notice of (3) RANDOM SAMPLING.—In conducting sur- Act Mandate for Long-term Unemployed proposed rulemaking in the Federal Register veys under paragraph (2)(B), the Secretary SEC. ll11. LONG-TERM UNEMPLOYED INDIVID- regarding the issuance of a proposed signifi- may use random sampling to identify a UALS NOT TAKEN INTO ACCOUNT cant rule, the head of the Federal agency or group of business owners who are representa- FOR EMPLOYER HEALTH CARE COV- independent regulatory agency seeking to tive of all the business owners described in ERAGE MANDATE. issue the rule shall— paragraph (2)(B). (a) IN GENERAL.—Paragraph (4) of section ‘‘(A) submit the results of the review con- (4) BENEFITS.—The Secretary shall inform 4980H(c) of the Internal Revenue Code of 1986 ducted under paragraph (1) to the appro- business owners selected to participate in a is amended by adding at the end the fol- priate congressional committees; and survey conducted under this subsection of lowing new subparagraph:

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‘‘(C) EXCEPTION FOR LONG-TERM UNEM- section 3111(d)(3)) during the 1-year period general fund at such times and in such man- PLOYED INDIVIDUALS.—The term ‘full-time beginning on the hiring date of such indi- ner as to replicate to the extent possible the employee’ shall not include any individual vidual by a qualified employer (as defined in transfers which would have occurred to such who is a long-term unemployed individual section 3111(d)) unless such qualified em- Account had such amendments not been en- (as defined in section 3111(d)(3)) with respect ployer makes an election not to have section acted. to such employer.’’. 3111(d) apply.’’. (e) EFFECTIVE DATES.— (b) EFFECTIVE DATE.—The amendment (c) TRANSFERS TO FEDERAL OLD-AGE AND (1) IN GENERAL.—Except as provided in made by this section shall apply to months SURVIVORS INSURANCE TRUST FUND.—There paragraph (2), the amendments made by this beginning after December 31, 2013. are hereby appropriated to the Federal Old- subsection shall apply to wages paid after Age and Survivors Trust Fund and the Fed- Subtitle B—Employer Payroll Tax Holiday for the date of the enactment of this Act. eral Disability Insurance Trust Fund estab- Long-term Unemployed (2) RAILROAD RETIREMENT TAXES.—The lished under section 201 of the Social Secu- amendments made by subsection (d) shall SEC. ll21. EMPLOYER PAYROLL TAX HOLIDAY rity Act (42 U.S.C. 401) amounts equal to the FOR LONG-TERM UNEMPLOYED IN- apply to compensation paid after the date of reduction in revenues to the Treasury by the enactment of this Act. DIVIDUALS. reason of the amendments made by sub- Subtitle C—Employment Relocation Loans (a) IN GENERAL.—Subsection (d) of section section (a). Amounts appropriated by the 3111 of the Internal Revenue Code of 1986 is preceding sentence shall be transferred from SEC. ll31. EMPLOYMENT RELOCATION LOANS. amended to read as follows: the general fund at such times and in such (a) LOANS AUTHORIZED.—From amounts ‘‘(d) SPECIAL RULE FOR LONG-TERM UNEM- manner as to replicate to the extent possible made available to carry out this section, the PLOYED INDIVIDUALS.— the transfers which would have occurred to Secretary may issue loans, with the interest ‘‘(1) IN GENERAL.—Subsection (a) shall not such Trust Fund had such amendments not rates, terms, and conditions provided in this apply to wages paid by a qualified employer been enacted. section, to long-term unemployed individ- with respect to employment during the ap- (d) APPLICATION TO RAILROAD RETIREMENT uals selected from applications submitted plicable period of any long-term unemployed TAXES.— under subsection (b)(1), in order to enable individual for services performed— (1) IN GENERAL.—Subsection (c) of section each selected individual to relocate to— ‘‘(A) in a trade or business of such em- 3221 of the Internal Revenue Code of 1986 is (1) a residence more than 50 miles away ployer, or amended to read as follows: from the individual’s initial residence, to ‘‘(B) in the case of an employer exempt ‘‘(c) SPECIAL RULE FOR LONG-TERM UNEM- allow such individual to begin a new job for from taxation under section 501(a), in fur- PLOYED INDIVIDUALS.— which the individual has received and ac- therance of activities related to the purpose ‘‘(1) IN GENERAL.—In the case of compensa- cepted an offer of employment; or or function constituting the basis of the em- tion paid by an employer during the applica- (2) a residence in a State or metropolitan ployer’s exemption under section 501. ble period, with respect to having a long- area that— ‘‘(2) QUALIFIED EMPLOYER.—For purposes of term unemployed individual in the employ- (A) is not the State or metropolitan area of this subsection— er’s employ for services rendered to such em- the individual’s initial residence; and ‘‘(A) IN GENERAL.—The term ‘qualified employer, the applicable percentage under sub- (B) has an unemployment rate that is 2 or ployer’ means any employer other than the section (a) shall be equal to the rate of tax more percentage points less than the unem- United States, any State, or any political in effect under section 3111(b) for the cal- ployment rate of the State or metropolitan subdivision thereof, or any instrumentality endar year. area, respectively, of the individual’s initial of the foregoing. ‘‘(2) QUALIFIED EMPLOYER.—For purposes of residence. ‘‘(B) TREATMENT OF EMPLOYEES OF POST- this subsection, the term ‘qualified em- (b) SELECTION PROCESS AND ELIGIBILITY.— SECONDARY EDUCATIONAL INSTITUTIONS.—Not- ployer’ means any employer other than the (1) APPLICATION.—A long-term unemployed withstanding subparagraph (A), the term United States, any State, or any political individual who desires a loan under this sec- ‘qualified employer’ includes any employer subdivision thereof, or any instrumentality tion shall submit to the Secretary an appli- which is a public institution of higher edu- of the foregoing. cation at such time, in such manner, and cation (as defined in section 101(b) of the ‘‘(3) LONG-TERM UNEMPLOYED INDIVIDUAL.— containing such information as the Sec- Higher Education Act of 1965). For purposes of this subsection, the term retary may require. ‘‘(3) LONG-TERM UNEMPLOYED INDIVIDUAL.— ‘long-term unemployed individual’ means, (2) LIMITED ELIGIBILITY.—A long-term un- For purposes of this subsection, the term with respect to any employer, an individual employed individual may receive only 1 loan ‘long-term unemployed individual’ means, who— under this section. with respect to any employer, an individual ‘‘(A) begins employment with such em- (c) LOAN TERMS.—A loan issued under this who— ployer after the date of the enactment of the section to a long-term unemployed indi- ‘‘(A) begins employment with such em- Solutions to Long-Term Unemployment Act, vidual shall be— ployer after the date of the enactment of the and (1) in an amount of $10,000 or less; and Solutions to Long-Term Unemployment Act, ‘‘(B) has been unemployed for 27 weeks or (2) evidenced by a note or other written and longer, as determined by the Secretary of agreement that— ‘‘(B) has been unemployed for 27 weeks or Labor, immediately before the date such em- (A) provides for repayment of the principal longer, as determined by the Secretary of ployment begins. amount of the loan in installments over a 10- Labor, immediately before the date such em- ‘‘(4) APPLICABLE PERIOD.—The term ‘appli- year period beginning on the date on which ployment begins. cable period’ means the period beginning on the loan is issued, except that no install- ‘‘(4) APPLICABLE PERIOD.—The term ‘appli- the date of the enactment of the Solutions to ments shall be required for the first year of cable period’ means the period beginning on Long-Term Unemployment Act, and ending the loan period; the date of the enactment of the Solutions to on the earlier of— (B) provides for interest to be calculated Long-Term Unemployment Act, and ending ‘‘(A) the date that is 2 years after such and accrue on the loan at the rate deter- on the earliest of— date of enactment, mined under subsection (d); and ‘‘(A) the date that is 2 years after such ‘‘(B) the date that is 6-months after the (C) allows such individual to accelerate, date of enactment, date on which the long-term unemployed in- without penalty, the repayment of the whole ‘‘(B) the date that is 6-months after the dividual began employment with the em- or any part of the loan. date on which the long-term unemployed in- ployer, or (d) INTEREST RATE.—The interest rate for a dividual began employment with the em- ‘‘(C) the first day of the first month after loan issued under this section shall— ployer, or the date on which the Secretary of Labor (1) be the rate equal to the high yield of ‘‘(C) the first day of the first month after certifies that the total number of individuals the 10-year Treasury note auctioned at the the date on which the Secretary of Labor in the United States who have been unem- final auction held prior to the date on which certifies that the total number of individuals ployed for 27 weeks or longer is less than the loan is issued; and in the United States who have been unem- 2,000,000. (2) be a fixed interest rate for the period of ployed for 27 weeks or longer is less than ‘‘(5) ELECTION.—An employer may elect to the loan. 2,000,000. have this subsection not apply. Such election (e) LOAN FORGIVENESS.—Notwithstanding ‘‘(5) ELECTION.—An employer may elect to shall be made in such manner as the Sec- subsection (c)(2)(A), the Secretary may for- have this subsection not apply. Such election retary may require.’’. give the remaining amount of interest and shall be made in such manner as the Sec- (2) TRANSFERS TO SOCIAL SECURITY EQUIVA- principal due on a loan made under this secretary may require.’’. LENT BENEFIT ACCOUNT.—There are hereby tion to a long-term unemployed individual (b) COORDINATION WITH WORK OPPORTUNITY appropriated to the Social Security Equiva- for the purpose described in subsection (a)(1) CREDIT.—Section 51(c)(5) of the Internal Rev- lent Benefit Account established under sec- in any case where the new job for which the enue Code of 1986 is amended to read as fol- tion 15A(a) of the Railroad Retirement Act individual relocates is eliminated within the lows: of 1974 (45 U.S.C. 231n-1(a)) amounts equal to first year of the individual’s employment ‘‘(5) COORDINATION WITH PAYROLL TAX FOR- the reduction in revenues to the Treasury by through no fault of the individual. GIVENESS.—The term ‘wages’ shall not in- reason of the amendments made by para- (f) DEFINITIONS.—In this section: clude any amount paid or incurred to a long- graph (1). Amounts appropriated by the pre- (1) INITIAL RESIDENCE.—The term ‘‘initial term unemployed individual (as defined in ceding sentence shall be transferred from the residence’’, when used with respect to a long-

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1987 term individual applying for a loan under no current services or performance is recall or order to active duty pursuant to a this section, means the location where the quired, such as amounts for annuities, insur- provision of law referred to in section individual resides as of the day before the ance claims, and other benefit payments. 101(a)(13)(B) of title 10, United States Code, a loan is issued. ‘‘(2) ADMINISTRATIVE COSTS.—The term ‘ad- permanent change of station, or the service- (2) LONG-TERM UNEMPLOYED INDIVIDUAL.— ministrative costs’ means expenditures in- connected (as defined in section 101(16) of The term ‘‘long-term unemployed indi- curred by State boards and local boards, di- title 38, United States Code) death or dis- vidual’’ means an individual who resides in a rect recipients (including State grant recipi- ability of the member; and’’; State and who has been unemployed for 27 ents under subtitle B and recipients of (12) in paragraph (13) (as so redesignated), consecutive weeks or more, as determined by awards under subtitles C and D), local grant by inserting ‘‘or regional’’ after ‘‘local’’ each the Secretary. recipients, local fiscal agents or local grant place it appears; (3) SECRETARY.—The term ‘‘Secretary’’ subrecipients, and one-stop operators in the (13) in paragraph (14) (as so redesignated)— means the Secretary of Labor. performance of administrative functions and (A) in subparagraph (A), by striking ‘‘sec- (4) STATES.—The term ‘‘State’’ means each in carrying out activities under this title tion 122(e)(3)’’ and inserting ‘‘section 122’’; of the several States of the United States that are not related to the direct provision (B) by striking subparagraph (B), and in- and the District of Columbia. of workforce investment activities (includ- serting the following: (g) LIMITED AUTHORITY.—The Secretary’s ing services to participants and employers). ‘‘(B) work ready services, means a provider authority to issue loans under subsection (a) Such costs include both personnel and non- who is identified or awarded a contract as shall terminate on the earlier of— personnel expenditures and both direct and described in section 117(d)(5)(C); or’’; (1) the date that is 2 years after the date of indirect expenditures.’’; (C) by striking subparagraph (C); and enactment of this Act; or (6) in paragraph (3) (as so redesignated), by (D) by redesignating subparagraph (D) as (2) the date that is 1 month after the date striking ‘‘Except in sections 127 and 132, the’’ subparagraph (C); on which the Secretary determines that the and inserting ‘‘The’’; (14) in paragraph (15) (as so redesignated), total number of long-term unemployed indi- (7) by amending paragraph (5) (as so redes- by striking ‘‘adult or dislocated worker’’ and viduals in the United States is less than ignated) to read as follows: inserting ‘‘individual’’; 2,000,000. ‘‘(5) AREA CAREER AND TECHNICAL EDU- (15) in paragraph (20), by striking ‘‘The’’ CATION SCHOOL.—The term ‘area career and and inserting ‘‘Subject to section Subtitle D—Offset technical education school’ has the meaning 116(a)(1)(E), the’’; SEC. ll41. NONDEFENSE DISCRETIONARY given the term in section 3(3) of the Carl D. (16) in paragraph (25)— SPENDING. Perkins Career and Technical Education Act (A) in subparagraph (B), by striking ‘‘high- Section 251(c)(2)(B) of the Balanced Budget of 2006 (20 U.S.C. 2302(3)).’’; er of—’’ and all that follows through clause and Emergency Deficit Control Act of 1985 is (8) in paragraph (6) (as so redesignated), by (ii) and inserting ‘‘poverty line for an equiva- amended by striking ‘‘$492,356,000,000’’ and inserting ‘‘(or such other level as the Gov- lent period;’’; inserting ‘‘$482,356,000,000’’. ernor may establish)’’ after ‘‘8th grade (B) by redesignating subparagraphs (D) TITLE XX—SUPPORTING KNOWLEDGE level’’; through (F) as subparagraphs (E) through AND INVESTING IN LIFELONG SKILLS (9) in paragraph (10)(C) (as so redesig- (G), respectively; and SEC. ll01. SHORT TITLE. nated), by striking ‘‘not less than 50 percent (C) by inserting after subparagraph (C) the This title may be cited as the ‘‘Supporting of the cost of the training’’ and inserting ‘‘a following: Knowledge and Investing in Lifelong Skills significant portion of the cost of training, as ‘‘(D) receives or is eligible to receive a free determined by the local board involved (or, or reduced price lunch under the Richard B. Act’’ or the ‘‘SKILLS Act’’. in the case of an employer in multiple local Russell National School Lunch Act (42 U.S.C. SEC. ll02. REFERENCES. areas in the State, as determined by the 1751 et seq.);’’; Except as otherwise expressly provided, Governor), taking into account the size of (17) in paragraph (32), by striking ‘‘the Re- wherever in this title an amendment or re- the employer and such other factors as the public of the Marshall Islands, the Federated peal is expressed in terms of an amendment local board or Governor, respectively, deter- States of Micronesia,’’; to, or repeal of, a section or other provision, mines to be appropriate’’; (18) by amending paragraph (33) to read as the amendment or repeal shall be considered (10) in paragraph (11) (as so redesignated)— follows: to be made to a section or other provision of (A) in subparagraph (A)(ii)(II), by striking ‘‘(33) OUT-OF-SCHOOL YOUTH.—The term the Workforce Investment Act of 1998 (29 ‘‘section 134(c)’’ and inserting ‘‘section ‘out-of-school youth’ means— U.S.C. 2801 et seq.). 121(e)’’; ‘‘(A) an at-risk youth who is a school drop- SEC. ll03. APPLICATION TO FISCAL YEARS. (B) in subparagraph (B)(iii)— out; or Except as otherwise provided, this title (i) by striking ‘‘134(d)(4)’’ and inserting ‘‘(B) an at-risk youth who has received a and the amendments made by this title shall ‘‘134(c)(4)’’; and secondary school diploma or its recognized apply with respect to fiscal year 2015 and (ii) by striking ‘‘intensive services de- equivalent but is basic skills deficient, un- succeeding fiscal years. scribed in section 134(d)(3)’’ and inserting employed, or underemployed.’’; Subtitle A—Amendments to the Workforce ‘‘work ready services described in section (19) in paragraph (38), by striking Investment Act of 1998 134(c)(2)’’; ‘‘134(a)(1)(A)’’ and inserting ‘‘134(a)(1)(B)’’; (C) in subparagraph (C), by striking ‘‘or’’ (20) in paragraph (41), by striking ‘‘, and CHAPTER 1—WORKFORCE INVESTMENT after the semicolon; the term means such Secretary for purposes DEFINITIONS (D) in subparagraph (D), by striking the pe- of section 503’’; SEC. ll06. DEFINITIONS. riod and inserting ‘‘; or’’; and (21) in paragraph (43), by striking ‘‘clause Section 101 (29 U.S.C. 2801) is amended— (E) by adding at the end the following: (iii) or (v) of section 136(b)(3)(A)’’ and insert- (1) by striking paragraph (2) and inserting ‘‘(E)(i) is the spouse of a member of the ing ‘‘section 136(b)(3)(A)(iii)’’; the following: Armed Forces on active duty for a period of (22) by amending paragraph (49) to read as ‘‘(2) ADULT EDUCATION AND FAMILY LIT- more than 30 days (as defined in section follows: ERACY EDUCATION ACTIVITIES.—The term 101(d)(2) of title 10, United States Code) who ‘‘(49) VETERAN.—The term ‘veteran’ has the ‘adult education and family literacy edu- has experienced a loss of employment as a di- same meaning given the term in section cation activities’ has the meaning given the rect result of relocation to accommodate a 2108(1) of title 5, United States Code.’’; term in section 203.’’; permanent change in duty station of such (23) by amending paragraph (50) to read as (2) by striking paragraphs (13) and (24); member; or follows: (3) by redesignating paragraphs (1) through ‘‘(ii) is the spouse of a member of the ‘‘(50) CAREER AND TECHNICAL EDUCATION.— (12) as paragraphs (3) through (14), and para- Armed Forces on active duty (as defined in The term ‘career and technical education’ graphs (14) through (23) as paragraphs (15) section 101(d)(1) of title 10, United States has the meaning given the term in section 3 through (24), respectively; Code) who meets the criteria described in of the Carl D. Perkins Career and Technical (4) by striking paragraphs (52) and (53); paragraph (12)(B).’’; Education Act of 2006 (20 U.S.C. 2302).’’; (5) by inserting after ‘‘In this title:’’ the (11) in paragraph (12)(A) (as redesignated)— (24) in paragraph (51), by striking ‘‘, and a following new paragraphs: (A) by striking ‘‘and’’ after the semicolon youth activity’’; and ‘‘(1) ACCRUED EXPENDITURES.—The term and inserting ‘‘or’’; (25) by adding at the end the following: ‘accrued expenditures’ means— (B) by striking ‘‘(A)’’ and inserting ‘‘(52) AT-RISK YOUTH.—Except as provided ‘‘(A) charges incurred by recipients of ‘‘(A)(i)’’; and in subtitle C, the term ‘at-risk youth’ means funds under this title for a given period re- (C) by adding at the end the following: an individual who— quiring the provision of funds for goods or ‘‘(ii) is the spouse of a member of the ‘‘(A) is not less than age 16 and not more other tangible property received; Armed Forces on active duty for a period of than age 24; ‘‘(B) charges incurred for services per- more than 30 days (as defined in section ‘‘(B) is a low-income individual; and formed by employees, contractors, sub- 101(d)(2) of title 10, United States Code) ‘‘(C) is an individual who is one or more of grantees, subcontractors, and other payees; whose family income is significantly reduced the following: and because of a deployment (as defined in sec- ‘‘(i) A secondary school dropout. ‘‘(C) other amounts becoming owed, under tion 991(b) of title 10, United States Code, or ‘‘(ii) A youth in foster care (including programs assisted under this title, for which pursuant to paragraph (4) of such section), a youth aging out of foster care).

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‘‘(iii) A youth offender. services, and ensures accountability in the ‘‘(4) EMPLOYER ENGAGEMENT.—The State ‘‘(iv) A youth who is an individual with a use of taxpayer funds.’’. board shall develop strategies, across local disability. SEC. ll12. STATE WORKFORCE INVESTMENT areas, that meet the needs of employers and ‘‘(v) A migrant youth. BOARDS. support economic growth in the State by en- ‘‘(53) INDUSTRY OR SECTOR PARTNERSHIP.— Section 111 (29 U.S.C. 2821) is amended— hancing communication, coordination, and The term ‘industry or sector partnership’ (1) in subsection (b)— collaboration among employers, economic means a partnership of— (A) in paragraph (1)— development entities, and service providers. ‘‘(A) a State board or local board; and (i) by striking subparagraph (B); ‘‘(5) DESIGNATION OF LOCAL AREAS.—The ‘‘(B) one or more industry or sector organi- (ii) by redesignating subparagraph (C) as State board shall designate local areas as re- zations, and other entities, that have the ca- subparagraph (B); and quired under section 116. pability to help the State board or local (iii) in subparagraph (B) (as so redesig- ‘‘(6) ONE-STOP DELIVERY SYSTEM.—The board determine the immediate and long- nated)— State board shall identify and disseminate term skilled workforce needs of in-demand (I) by amending clause (i)(I), by striking information on best practices for effective industries or sectors and other occupations ‘‘section 117(b)(2)(A)(i)’’ and inserting ‘‘sec- operation of one-stop centers, including use important to the State or local economy, re- tion 117(b)(2)(A)’’; of innovative business outreach, partner- spectively. (II) by amending clause (i)(II) to read as ships, and service delivery strategies. ‘‘(54) INDUSTRY-RECOGNIZED CREDENTIAL.— follows: ‘‘(7) PROGRAM OVERSIGHT.—The State board The term ‘industry-recognized credential’ ‘‘(II) represent businesses, including large shall conduct the following program over- means a credential that is sought or accept- and small businesses, each of which has im- sight: ed by companies within the industry sector mediate and long-term employment opportu- ‘‘(A) Reviewing and approving local plans involved, across multiple States, as recog- nities in an in-demand industry or other oc- under section 118. nized, preferred, or required for recruitment, cupation important to the State economy; ‘‘(B) Ensuring the appropriate use and screening, or hiring and is awarded for com- and’’; management of the funds provided for State pletion of a program listed or identified (III) by striking clause (iii) and inserting employment and training activities author- under subsection (d) or (i) of section 122, for the following: ized under section 134. the local area involved. ‘‘(iii) a State agency official responsible ‘‘(C) Preparing an annual report to the for economic development; and’’; ‘‘(55) PAY-FOR-PERFORMANCE CONTRACT Secretary described in section 136(d). (IV) by striking clauses (iv) through (vi); STRATEGY.—The term ‘pay-for-performance ‘‘(8) DEVELOPMENT OF PERFORMANCE MEAS- (V) by amending clause (vii) to read as fol- contract strategy’ means a strategy in which URES.—The State board shall develop and en- a pay-for-performance contract to provide a lows: sure continuous improvement of comprehen- program of employment and training activi- ‘‘(vii) such other representatives and State sive State performance measures, including agency officials as the Governor may des- ties incorporates provisions regarding— State adjusted levels of performance, as de- ignate, including— ‘‘(A) the core indicators of performance described under section 136(b).’’; ‘‘(I) members of the State legislature; scribed in subclauses (I) through (IV) and (4) by striking subsection (e) and redesig- ‘‘(II) representatives of individuals and or- (VI) of section 136(b)(2)(A)(i); nating subsection (f) as subsection (e); ganizations that have experience with re- ‘‘(B) a fixed amount that will be paid to an (5) in subsection (e) (as so redesignated), by spect to youth activities; eligible provider of such employment and inserting ‘‘or participate in any action ‘‘(III) representatives of individuals and or- training activities for each program partici- taken’’ after ‘‘vote’’; ganizations that have experience and exper- pant who, within a defined timetable, (6) by inserting after subsection (e) (as so tise in the delivery of workforce investment achieves the agreed-to levels of performance redesignated), the following: activities, including chief executive officers based upon the core indicators of perform- of community colleges and community-based ‘‘(f) STAFF.—The State board may employ ance described in subparagraph (A), and may organizations within the State; staff to assist in carrying out the functions include a bonus payment to such provider, ‘‘(IV) representatives of the lead State described in subsection (d).’’; and which may be used to expand the capacity of agency officials with responsibility for the (7) in subsection (g), by inserting ‘‘elec- such provider; programs and activities that are described in tronic means and’’ after ‘‘on a regular basis ‘‘(C) the ability for an eligible provider to section 121(b) and carried out by one-stop through’’. recoup the costs of providing the activities partners; or SEC. ll13. STATE PLAN. for a program participant who has not ‘‘(V) representatives of veterans service or- Section 112 (29 U.S.C. 2822)— achieved those levels, but for whom the pro- ganizations.’’; and (1) in subsection (a)— vider is able to demonstrate that such par- (VI) by redesignating clause (vii) (as so (A) by striking ‘‘127 or’’; and ticipant gained specific competencies re- amended) as clause (iv); and (B) by striking ‘‘5-year strategy’’ and in- quired for education and career advancement (B) by amending paragraph (3) to read as serting ‘‘3-year strategy’’; that are, where feasible, tied to industry-rec- follows: (2) in subsection (b)— ognized credentials and related standards, or ‘‘(3) MAJORITY.—A 2⁄3 majority of the mem- (A) by amending paragraph (4) to read as State licensing requirements; and bers of the board shall be representatives de- follows: ‘‘(D) the ability for an eligible provider scribed in paragraph (1)(B)(i).’’; ‘‘(4) information describing— that does not meet the requirements under (2) in subsection (c), by striking ‘‘(A) the economic conditions in the State; section 122(a)(2) to participate in such pay- ‘‘(b)(1)(C)(i)’’ and inserting ‘‘(b)(1)(B)(i)’’; ‘‘(B) the immediate and long-term skilled for-performance contract and to not be re- (3) by amending subsection (d) to read as workforce needs of in-demand industries, quired to report on the performance and cost follows: small businesses, and other occupations im- information required under section 122(d). ‘‘(d) FUNCTIONS.—The State board shall as- portant to the State economy; ‘‘(56) RECOGNIZED POSTSECONDARY CREDEN- sist the Governor of the State as follows: ‘‘(C) the knowledge and skills of the work- TIAL.—The term ‘recognized postsecondary ‘‘(1) STATE PLAN.—Consistent with section force in the State; and credential’ means a credential awarded by a 112, the State board shall develop a State ‘‘(D) workforce development activities (in- provider of training services or postsec- plan. cluding education and training) in the ondary educational institution based on ‘‘(2) STATEWIDE WORKFORCE DEVELOPMENT State;’’; completion of all requirements for a program SYSTEM.—The State board shall review and (B) by amending paragraph (7) to read as of study, including coursework or tests or develop statewide policies and programs in follows: other performance evaluations. The term the State in a manner that supports a com- ‘‘(7) a description of the State criteria for means an industry-recognized credential, a prehensive statewide workforce development determining the eligibility of training serv- certificate of completion of a registered ap- system that will result in meeting the work- ices providers in accordance with section 122, prenticeship program, or an associate or bac- force needs of the State and its local areas. including how the State will take into ac- calaureate degree from an institution de- Such review shall include determining count the performance of providers and scribed in section 122(a)(2)(A)(i). whether the State should consolidate addi- whether the training services relate to in-de- ‘‘(57) REGISTERED APPRENTICESHIP PRO- tional amounts for additional activities or mand industries and other occupations im- GRAM.—The term ‘registered apprenticeship programs into the Workforce Investment portant to the State economy;’’; program’ means a program described in sec- Fund in accordance with section 501(e). (C) by amending paragraph (8) to read as tion 122(a)(2)(B).’’. ‘‘(3) WORKFORCE AND LABOR MARKET INFOR- follows: CHAPTER 2—STATEWIDE AND LOCAL MATION SYSTEM.—The State board shall de- ‘‘(8)(A) a description of the procedures that WORKFORCE INVESTMENT SYSTEMS velop a statewide workforce and labor mar- will be taken by the State to assure coordi- SEC. ll11. PURPOSE. ket information system described in section nation of, and avoid duplication among, the Section 106 (29 U.S.C. 2811) is amended by 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l– programs and activities identified under sec- adding at the end the following: ‘‘It is also 2(e)), which may include using information tion 501(b)(2); and the purpose of this subtitle to provide work- collected under Federal law other than this ‘‘(B) a description of and an assurance re- force investment activities in a manner that Act by the State economic development en- garding common data collection and report- enhances employer engagement, promotes tity or a related entity in developing such ing processes used for the programs and ac- customer choices in the selection of training system. tivities described in subparagraph (A), which

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1989 are carried out by one-stop partners, includ- ‘‘(A) to more fully engage employers, in- ‘‘(C) the veterans population to be served ing— cluding small businesses and employers in in the State.’’; ‘‘(i) an assurance that such processes use in-demand industries and occupations impor- (3) in subsection (c), by striking ‘‘period, quarterly wage records for performance tant to the State economy; that—’’ and all that follows through para- measures described in section 136(b)(2)(A) ‘‘(B) to meet the needs of employers in the graph (2) and inserting ‘‘period, that the plan that are applicable to such programs or ac- State; and is inconsistent with the provisions of this tivities; or ‘‘(C) to better coordinate workforce devel- title.’’; and ‘‘(ii) if such wage records are not being opment programs with economic develop- (4) in subsection (d), by striking ‘‘5-year’’ used for the performance measures, an iden- ment activities; and inserting ‘‘3-year’’. tification of the barriers to using such wage ‘‘(18) a description of how the State board SEC. ll14. LOCAL WORKFORCE INVESTMENT records and a description of how the State will convene (or help to convene) industry or AREAS. will address such barriers within 1 year of sector partnerships that lead to collabo- Section 116 (29 U.S.C. 2831) is amended— the approval of the plan;’’; rative planning, resource alignment, and (1) in subsection (a)— (D) in paragraph (9), by striking ‘‘, includ- training efforts across a targeted cluster of (A) by amending paragraph (1) to read as ing comment by representatives of busi- multiple firms for a range of workers em- follows: nesses and representatives of labor organiza- ployed or potentially employed by the indus- ‘‘(1) IN GENERAL.— tions,’’; try or sector— ‘‘(A) PROCESS.—In order to receive an al- (E) in paragraph (11), by striking ‘‘under ‘‘(A) to encourage industry growth and lotment under section 132, a State, through sections 127 and 132’’ and inserting ‘‘under competitiveness and to improve worker the State board, shall establish a process to section 132’’; training, retention, and advancement in the designate local workforce investment areas (F) by striking paragraph (12); industry or sector; within the State. Such process shall— (G) by redesignating paragraphs (13) ‘‘(B) to address the immediate and long- ‘‘(i) support the statewide workforce devel- through (18) as paragraphs (12) through (17), term skilled workforce needs of in-demand opment system developed under section respectively; industries, small businesses, and other occu- 111(d)(2), enabling the system to meet the (H) in paragraph (12) (as so redesignated), workforce needs of the State and its local by striking ‘‘111(f)’’ and inserting ‘‘111(e)’’; pations important to the State economy; and (I) in paragraph (13) (as so redesignated), ‘‘(C) to address critical skill gaps within areas; by striking ‘‘134(c)’’ and inserting ‘‘121(e)’’; and across industries and sectors; ‘‘(ii) include consultation, prior to the des- (J) in paragraph (14) (as so redesignated), ‘‘(19) a description of how the State will ignation, with chief elected officials; by striking ‘‘116(a)(5)’’ and inserting utilize technology, to facilitate access to ‘‘(iii) include consideration of comments ‘‘116(a)(3)’’; services in remote areas, which may be used received on the designation through the pub- (K) in paragraph (16) (as so redesignated)— throughout the State; lic comment process as described in section (i) in subparagraph (A)— ‘‘(20) a description of the State strategy 112(b)(9); and (I) in clause (ii)— and assistance to be provided by the State ‘‘(iv) require the submission of an applica- (aa) by striking ‘‘to dislocated workers’’; for encouraging regional cooperation within tion for approval under subparagraph (B). and the State and across State borders, as appro- ‘‘(B) APPLICATION.—To obtain designation (bb) by inserting ‘‘and additional assist- priate; of a local area under this paragraph, a local ance’’ after ‘‘rapid response activities’’; ‘‘(21) a description of the actions that will or regional board (or consortia of local or re- (II) in clause (iii), by striking ‘‘134(d)(4)’’ be taken by the State to foster communica- gional boards) seeking to take responsibility and inserting ‘‘134(c)(4)’’; tion, coordination, and partnerships with for the area under this Act shall submit an (III) by striking ‘‘and’’ at the end of clause nonprofit organizations (including public li- application to a State board at such time, in (iii); braries, community, faith-based, and philan- such manner, and containing such informa- (IV) by amending clause (iv) to read as fol- thropic organizations) that provide employ- tion as the State board may require, includ- lows: ment-related, training, and complementary ing— ‘‘(iv) how the State will serve the employ- services, to enhance the quality and com- ‘‘(i) a description of the local area, includ- ment and training needs of dislocated work- prehensiveness of services available to paring the population that will be served by the ers (including displaced homemakers), low- ticipants under this title; local area, and the education and training income individuals (including recipients of ‘‘(22) a description of the process and meth- needs of its employers and workers; public assistance such as supplemental nu- odology for determining— ‘‘(ii) a description of how the local area is trition assistance program benefits pursuant ‘‘(A) one-stop partner program contribu- consistent or aligned with— to the Food and Nutrition Act of 2008 (7 tions for the costs of infrastructure of one- ‘‘(I) service delivery areas (as determined U.S.C. 2011 et seq.)), long-term unemployed stop centers under section 121(h)(1); and by the State); individuals (including individuals who have ‘‘(B) the formula for allocating such infra- ‘‘(II) labor market areas; and exhausted entitlement to Federal and State structure funds to local areas under section ‘‘(III) economic development regions; unemployment compensation), English 121(h)(3); ‘‘(iii) a description of the eligible providers learners, homeless individuals, individuals ‘‘(23) a description of the strategies and of education and training, including postsec- training for nontraditional employment, services that will be used in the State to as- ondary educational institutions such as com- youth (including out-of-school youth and at- sist at-risk youth and out-of-school youth in munity colleges, located in the local area risk youth), older workers, ex-offenders, mi- acquiring the education and skills, creden- and available to meet the needs of the local grant and seasonal farmworkers, refugees tials (including recognized postsecondary workforce; and entrants, veterans (including disabled credentials, such as industry-recognized cre- ‘‘(iv) a description of the distance that in- and homeless veterans), and Native Ameri- dentials), and employment experience to suc- dividuals will need to travel to receive serv- cans; and’’; and ceed in the labor market, including— ices provided in such local area; and (V) by adding at the end the following new ‘‘(A) training and internships in in-demand ‘‘(v) any other criteria that the State clause: industries or occupations important to the board may require. ‘‘(v) how the State will— State and local economy; ‘‘(C) PRIORITY.—In designating local areas ‘‘(I) consistent with section 188 and Execu- ‘‘(B) dropout recovery activities that are under this paragraph, a State board shall tive Order No. 13217 (42 U.S.C. 12131 note), designed to lead to the attainment of a reg- give priority consideration to an area pro- serve the employment and training needs of ular secondary school diploma or its recog- posed by an applicant demonstrating that a individuals with disabilities; and nized equivalent, or other State-recognized designation as a local area under this para- ‘‘(II) consistent with sections 504 and 508 of equivalent (including recognized alternative graph will result in the reduction of overlap- the Rehabilitation Act of 1973 (29 U.S.C. 794, standards for individuals with disabilities); ping service delivery areas, local market 794d), include the provision of outreach, in- and areas, or economic development regions. take, assessments, and service delivery, the ‘‘(C) activities combining remediation of ‘‘(D) ALIGNMENT WITH LOCAL PLAN.—A development of performance measures, the academic skills, work readiness training, State may designate an area proposed by an training of staff, and other aspects of acces- and work experience, and including linkages applicant as a local area under this para- sibility for individuals with disabilities to to postsecondary education and training and graph for a period not to exceed 3 years. programs and services under this subtitle;’’; career-ladder employment; and ‘‘(E) REFERENCES.—For purposes of this and ‘‘(24) a description of— Act, a reference to a local area— (ii) in subparagraph (B), by striking ‘‘to ‘‘(A) how the State will furnish employ- ‘‘(i) used with respect to a geographic area, the extent practicable’’ and inserting ‘‘in ac- ment, training, including training in ad- refers to an area designated under this para- cordance with the requirements of the Jobs vanced manufacturing, supportive, and graph; and for Veterans Act (Public Law 107–288) and the placement services to veterans, including ‘‘(ii) used with respect to an entity, refers amendments made by such Act’’; and disabled and homeless veterans; to the applicant.’’; (L) by striking paragraph (17) (as so redes- ‘‘(B) the strategies and services that will (B) by amending paragraph (2) to read as ignated) and inserting the following: be used in the State to assist in and expedite follows: ‘‘(17) a description of the strategies and reintegration of homeless veterans into the ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary services that will be used in the State— labor force; and shall, if requested by the Governor of a

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1990 CONGRESSIONAL RECORD — SENATE April 1, 2014 State, provide the State with technical as- (B) in paragraph (3)(A)(ii), by striking the funds immediately on receiving such di- sistance in making the determinations re- ‘‘paragraphs (1) through (7)’’ and inserting rection from the local board. quired under paragraph (1). The Secretary ‘‘paragraphs (1) through (8)’’; ‘‘(C) STAFF.—The local board may employ shall not issue regulations governing deter- (3) by amending subsection (d) to read as staff to assist in carrying out the functions minations to be made under paragraph (1).’’; follows: described in this subsection. (C) by striking paragraph (3); ‘‘(d) FUNCTIONS OF LOCAL BOARD.—The ‘‘(D) GRANTS AND DONATIONS.—The local (D) by striking paragraph (4); functions of the local board shall include the board may solicit and accept grants and do- (E) by redesignating paragraph (5) as para- following: nations from sources other than Federal graph (3); and ‘‘(1) LOCAL PLAN.—Consistent with section funds made available under this Act. (F) in paragraph (3) (as so redesignated), by 118, each local board, in partnership with the ‘‘(5) SELECTION OF OPERATORS AND PRO- striking ‘‘(2) or (3)’’ both places it appears chief elected official for the local area in- VIDERS.— and inserting ‘‘(1)’’; volved, shall develop and submit a local plan ‘‘(A) SELECTION OF ONE-STOP OPERATORS.— (2) by amending subsection (b) to read as to the Governor. Consistent with section 121(d), the local follows: ‘‘(2) WORKFORCE RESEARCH AND REGIONAL board, with the agreement of the chief elect- ‘‘(b) SINGLE STATES.—Consistent with sub- LABOR MARKET ANALYSIS.— ed official— section (a), the State board of a State may ‘‘(A) IN GENERAL.—The local board shall— ‘‘(i) shall designate or certify one-stop op- designate the State as a single State local ‘‘(i) conduct, and regularly update, an erators as described in section 121(d)(2)(A); area for the purposes of this title.’’; and analysis of— and (3) in subsection (c)— ‘‘(I) the economic conditions in the local ‘‘(ii) may terminate for cause the eligi- (A) in paragraph (1), by adding at the end area; bility of such operators. the following: ‘‘The State may require the ‘‘(II) the immediate and long-term skilled ‘‘(B) IDENTIFICATION OF ELIGIBLE TRAINING local boards for the designated region to pre- workforce needs of in-demand industries and SERVICE PROVIDERS.—Consistent with this pare a single regional plan that incorporates other occupations important to the local subtitle, the local board shall identify eligi- the elements of the local plan under section economy; ble providers of training services described 118 and that is submitted and approved in ‘‘(III) the knowledge and skills of the in section 134(c)(4) in the local area, annually lieu of separate local plans under such sec- workforce in the local area; and review the outcomes of such eligible pro- tion.’’; and ‘‘(IV) workforce development activities (in- viders using the criteria under section (B) in paragraph (2), by striking ‘‘employ- cluding education and training) in the local 122(b)(2), and designate such eligible pro- ment statistics’’ and inserting ‘‘workforce area; and viders in the local area who have dem- and labor market information’’. ‘‘(ii) assist the Governor in developing the onstrated the highest level of success with SEC. ll15. LOCAL WORKFORCE INVESTMENT statewide workforce and labor market infor- respect to such criteria as priority eligible BOARDS. mation system described in section 15(e) of providers for the program year following the Section 117 (29 U.S.C. 2832) is amended— the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). review. (1) in subsection (b)— ‘‘(B) EXISTING ANALYSIS.—In carrying out ‘‘(C) IDENTIFICATION OF ELIGIBLE PROVIDERS (A) in paragraph (2)— requirements of subparagraph (A)(i), a local OF WORK READY SERVICES.—If the one-stop op- (i) in subparagraph (A)— board shall use an existing analysis, if any, erator does not provide the services de- (I) by striking ‘‘include—’’ and all that fol- by the local economic development entity or scribed in section 134(c)(2) in the local area, lows through ‘‘representatives’’ and insert- related entity. the local board shall identify eligible pro- ing ‘‘include representatives’’; ‘‘(3) EMPLOYER ENGAGEMENT.—The local viders of such services in the local area by (II) by striking clauses (ii) through (vi); board shall meet the needs of employers and awarding contracts. (III) by redesignating subclauses (I) support economic growth in the local area by ‘‘(6) PROGRAM OVERSIGHT.—The local board, through (III) as clauses (i) through (iii), re- enhancing communication, coordination, in partnership with the chief elected official, spectively (and by moving the margins of and collaboration among employers, eco- shall be responsible for— such clauses 2 ems to the left); nomic development entities, and service pro- ‘‘(A) ensuring the appropriate use and (IV) by striking clause (ii) (as so redesig- viders. management of the funds provided for local nated) and inserting the following: ‘‘(4) BUDGET AND ADMINISTRATION.— employment and training activities author- ‘‘(ii) represent businesses, including large ‘‘(A) BUDGET.— ized under section 134(b); and and small businesses, each of which has im- ‘‘(i) IN GENERAL.—The local board shall de- ‘‘(B) conducting oversight of the one-stop mediate and long-term employment opportu- velop a budget for the activities of the local delivery system, in the local area, authorized nities in an in-demand industry or other oc- board in the local area, consistent with the under section 121. cupation important to the local economy; requirements of this subsection. ‘‘(7) NEGOTIATION OF LOCAL PERFORMANCE and’’; and ‘‘(ii) TRAINING RESERVATION.—In developing MEASURES.—The local board, the chief elect- (V) by striking the semicolon at the end of a budget under clause (i), the local board ed official, and the Governor shall negotiate clause (iii) (as so redesignated) and inserting shall reserve a percentage of funds to carry and reach agreement on local performance ‘‘; and’’; and out the activities specified in section measures as described in section 136(c). (ii) by amending subparagraph (B) to read 134(c)(4). The local board shall use the anal- ‘‘(8) TECHNOLOGY IMPROVEMENTS.—The as follows: ysis conducted under paragraph (2)(A)(i) to local board shall develop strategies for tech- ‘‘(B) may include such other individuals or determine the appropriate percentage of nology improvements to facilitate access to representatives of entities as the chief elect- funds to reserve under this clause. services authorized under this subtitle and ed official in the local area may determine ‘‘(B) ADMINISTRATION.— carried out in the local area, including ac- to be appropriate, including— ‘‘(i) GRANT RECIPIENT.—The chief elected cess in remote areas.’’; ‘‘(i) the superintendent or other employee official in a local area shall serve as the (4) in subsection (e)— of the local educational agency who has pri- local grant recipient for, and shall be liable (A) by inserting ‘‘electronic means and’’ mary responsibility for secondary education, for any misuse of, the grant funds allocated after ‘‘regular basis through’’; and the presidents or chief executive officers of to the local area under section 133, unless (B) by striking ‘‘and the award of grants or postsecondary educational institutions (in- the chief elected official reaches an agree- contracts to eligible providers of youth ac- cluding a community college, where such an ment with the Governor for the Governor to tivities,’’; entity exists), or administrators of local enact as the local grant recipient and bear such (5) in subsection (f)— tities providing adult education and family liability. (A) in paragraph (1)(A), by striking ‘‘sec- literacy education activities; ‘‘(ii) DESIGNATION.—In order to assist in ad- tion 134(d)(4)’’ and inserting ‘‘section ‘‘(ii) representatives of community-based ministration of the grant funds, the chief 134(c)(4)’’; and organizations (including organizations rep- elected official or the Governor, where the (B) by striking paragraph (2) and inserting resenting individuals with disabilities and Governor serves as the local grant recipient the following: veterans, for a local area in which such orga- for a local area, may designate an entity to ‘‘(2) WORK READY SERVICES; DESIGNATION OR nizations are present); or serve as a local grant subrecipient for such CERTIFICATION AS ONE-STOP OPERATORS.—A ‘‘(iii) representatives of veterans service funds or as a local fiscal agent. Such des- local board may provide work ready services organizations.’’; ignation shall not relieve the chief elected described in section 134(c)(2) through a one- (B) in paragraph (4)— official or the Governor of the liability for stop delivery system described in section 121 (i) by striking ‘‘A majority’’ and inserting any misuse of grant funds as described in or be designated or certified as a one-stop op- ‘‘A 2⁄3 majority’’; and clause (i). erator only with the agreement of the chief (ii) by striking ‘‘(2)(A)(i)’’ and inserting ‘‘(iii) DISBURSAL.—The local grant recipi- elected official and the Governor.’’; ‘‘(2)(A)’’; and ent or an entity designated under clause (ii) (6) in subsection (g)(1), by inserting ‘‘or (C) in paragraph (5), by striking ‘‘(2)(A)(i)’’ shall disburse the grant funds for workforce participate in any action taken’’ after and inserting ‘‘(2)(A)’’; investment activities at the direction of the ‘‘vote’’; and (2) in subsection (c)— local board, pursuant to the requirements of (7) by striking subsections (h) and (i). (A) in paragraph (1), by striking subpara- this title. The local grant recipient or entity SEC. ll16. LOCAL PLAN. graph (C); and designated under clause (ii) shall disburse Section 118 (29 U.S.C. 2833) is amended—

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1991 (1) in subsection (a), by striking ‘‘5-year’’ ‘‘(C) consistent with sections 504 and 508 of one-stop career system described in section and inserting ‘‘3-year’’; the Rehabilitation Act of 1973 (29 U.S.C. 794, 121; (2) by amending subsection (b) to read as 794d), include the provision of outreach, in- ‘‘(C) the date on which the veteran employ- follows: take, assessments, and service delivery, the ment specialist was assigned; and ‘‘(b) CONTENTS.—The local plan shall in- development of performance measures, the ‘‘(D) whether the veteran employment spe- clude— training of staff, and other aspects of acces- cialist has satisfactorily completed related ‘‘(1) a description of the analysis of the sibility for individuals with disabilities to training by the National Veterans’ Employ- local area’s economic and workforce condi- programs and services under this subtitle; ment and Training Services Institute; and tions conducted under subclauses (I) through ‘‘(8) a description of the local levels of per- ‘‘(15) such other information as the Gov- (IV) of section 117(d)(2)(A)(i), and an assur- formance negotiated with the Governor and ernor may require.’’; and ance that the local board will use such anal- chief elected official pursuant to section (3) in subsection (c)— ysis to carry out the activities under this 136(c), to be— (A) in paragraph (1), by striking ‘‘such subtitle; ‘‘(A) used to measure the performance of means’’ and inserting ‘‘electronic means and ‘‘(2) a description of the one-stop delivery the local area; and such means’’; and system in the local area, including— ‘‘(B) used by the local board for measuring (B) in paragraph (2), by striking ‘‘, includ- ‘‘(A) a description of how the local board performance of the local fiscal agent (where ing representatives of business and rep- will ensure— appropriate), eligible providers, and the one- resentatives of labor organizations,’’. ‘‘(i) the continuous improvement of eligi- stop delivery system, in the local area; SEC. ll17. ESTABLISHMENT OF ONE-STOP DE- ble providers of services through the system; ‘‘(9) a description of the process used by LIVERY SYSTEM. and the local board, consistent with subsection Section 121 (29 U.S.C. 2841) is amended— ‘‘(ii) that such providers meet the employ- (c), to provide an opportunity for public com- (1) in subsection (b)— ment needs of local businesses and partici- ment prior to submission of the plan; (A) by striking subparagraph (A) of para- pants; and ‘‘(10) a description of how the local area graph (1) and inserting the following: ‘‘(B) a description of how the local board will serve the employment and training ‘‘(A) ROLES AND RESPONSIBILITIES OF ONE- will facilitate access to services described in needs of dislocated workers (including dis- STOP PARTNERS.—Each entity that carries section 117(d)(8) and provided through the placed homemakers), low-income individuals out a program or activities described in sub- one-stop delivery system consistent with (including recipients of public assistance paragraph (B) shall— section 117(d)(8); such as supplemental nutrition assistance ‘‘(i) provide access through a one-stop de- ‘‘(3) a description of the strategies and program benefits pursuant to the Food and livery system to the program or activities services that will be used in the local area— Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)), carried out by the entity, including making ‘‘(A) to more fully engage employers, in- long-term unemployed individuals (including the work ready services described in section cluding small businesses and employers in individuals who have exhausted entitlement 134(c)(2) that are applicable to the program in-demand industries and occupations impor- to Federal and State unemployment com- or activities of the entity available at one- tant to the local economy; pensation), English learners, homeless indi- stop centers (in addition to any other appro- ‘‘(B) to meet the needs of employers in the viduals, individuals training for nontradi- priate locations); local area; tional employment, youth (including out-of- ‘‘(ii) use a portion of the funds available to ‘‘(C) to better coordinate workforce devel- school youth and at-risk youth), older work- the program or activities of the entity to opment programs with economic develop- ers, ex-offenders, migrant and seasonal farm- maintain the one-stop delivery system, in- ment activities; and workers, refugees and entrants, veterans (including payment of the costs of infrastruc- ‘‘(D) to better coordinate workforce devel- cluding disabled veterans and homeless vet- ture of one-stop centers in accordance with opment programs with employment, train- erans), and Native Americans; subsection (h); ing, and literacy services carried out by non- ‘‘(11) an identification of the entity respon- ‘‘(iii) enter into a local memorandum of profit organizations, including public librar- sible for the disbursal of grant funds de- understanding with the local board, relating ies, as appropriate; scribed in section 117(d)(4)(B)(iii), as deter- to the operation of the one-stop delivery sys- ‘‘(4) a description of how the local board mined by the chief elected official or the tem, that meets the requirements of sub- will convene (or help to convene) industry or Governor under such section; section (c); and sector partnerships that lead to collabo- ‘‘(12) a description of the strategies and ‘‘(iv) participate in the operation of the rative planning, resource alignment, and services that will be used in the local area to one-stop delivery system consistent with the training efforts across multiple firms for a assist at-risk youth and out-of-school youth terms of the memorandum of understanding, range of workers employed or potentially in acquiring the education and skills, cre- the requirements of this title, and the re- employed by a targeted industry or sector— dentials (including recognized postsecondary quirements of the Federal laws authorizing ‘‘(A) to encourage industry growth and credentials, such as industry-recognized cre- the program or activities carried out by the competitiveness and to improve worker dentials), and employment experience to suc- entity.’’; training, retention, and advancement in the ceed in the labor market, including— (B) in paragraph (1)(B)— targeted industry or sector; ‘‘(A) training and internships in in-demand (i) by striking clauses (ii), (v), and (vi); ‘‘(B) to address the immediate and long- industries or occupations important to the (ii) by redesignating clauses (iii) and (iv) as term skilled workforce needs of in-demand local economy; clauses (ii) and (iii), respectively; industries, small businesses, and other occu- ‘‘(B) dropout recovery activities that are (iii) by redesignating clauses (vii) through pations important to the local economy; and designed to lead to the attainment of a reg- (xii) as clauses (iv) through (ix), respec- ‘‘(C) to address critical skill gaps within ular secondary school diploma or its recog- tively; and across industries and sectors; nized equivalent, or other State-recognized (iv) in clause (ii), as so redesignated, by ‘‘(5) a description of how the funds reserved equivalent (including recognized alternative striking ‘‘adult education and literacy ac- under section 117(d)(4)(A)(ii) will be used to standards for individuals with disabilities); tivities’’ and inserting ‘‘adult education and carry out activities described in section and family literacy education activities’’ 134(c)(4); ‘‘(C) activities combining remediation of (v) in clause (viii), as so redesignated, by ‘‘(6) a description of how the local board academic skills, work readiness training, striking ‘‘and’’ at the end; will coordinate workforce investment activi- and work experience, and including linkages (vi) in clause (ix), as so redesignated, by ties carried out in the local area with state- to postsecondary education and training and striking the period and inserting ‘‘; and’’; wide workforce investment activities, as ap- career-ladder employment; and propriate; ‘‘(13) a description of— (vii) by adding at the end the following: ‘‘(7) a description of how the local area ‘‘(A) how the local area will furnish em- ‘‘(x) subject to subparagraph (C), programs will— ployment, training, including training in ad- authorized under part A of title IV of the So- ‘‘(A) coordinate activities with the local vanced manufacturing, supportive, and cial Security Act (42 U.S.C. 601 et seq.).’’; area’s disability community, and with tran- placement services to veterans, including (C) by inserting after paragraph (1)(B) the sition services (as defined under section 602 disabled and homeless veterans; following: of the Individuals with Disabilities Edu- ‘‘(B) the strategies and services that will ‘‘(C) DETERMINATION BY THE GOVERNOR.— cation Act (20 U.S.C. 1401)) provided under be used in the local area to assist in and ex- Each entity carrying out a program de- that Act by local educational agencies serv- pedite reintegration of homeless veterans scribed in subparagraph (B)(x) shall be con- ing such local area, to make available com- into the labor force; and sidered to be a one-stop partner under this prehensive, high-quality services to individ- ‘‘(C) the veteran population to be served in title and carry out the required partner ac- uals with disabilities; the local area; tivities described in subparagraph (A) unless ‘‘(B) consistent with section 188 and Execu- ‘‘(14) a description of— the Governor of the State in which the local tive Order No. 13217 (42 U.S.C. 12131 note), ‘‘(A) the duties assigned to the veteran em- area is located provides the Secretary and serve the employment and training needs of ployment specialist consistent with the re- Secretary of Health and Human Services individuals with disabilities, with a focus on quirements of section 134(f); written notice of a determination by the employment that fosters independence and ‘‘(B) the manner in which the veteran em- Governor that such an entity shall not be integration into the workplace; and ployment specialist is integrated into the considered to be such a partner and shall not

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1992 CONGRESSIONAL RECORD — SENATE April 1, 2014 carry out such required partner activities.’’; ‘‘(C) provide access to the activities car- grams described in subsection (b)(1)(B) and and ried out under section 134(d), if any; participating additional partner programs (D) in paragraph (2)— ‘‘(D) provide access to programs and activi- described in subsection (b)(2)(B), for a fiscal (i) in subparagraph (A)(i), by striking ‘‘sec- ties carried out by one-stop partners that are year shall be provided to the Governor by tion 134(d)(2)’’ and inserting ‘‘section described in subsection (b); and such partners to carry out this subsection. 134(c)(2)’’; and ‘‘(E) provide access to the data and infor- ‘‘(B) DETERMINATION OF GOVERNOR.— (ii) in subparagraph (B)— mation described in subparagraphs (A) and ‘‘(i) IN GENERAL.—Subject to subparagraph (I) by striking clauses (i), (ii), and (v); (B) of section 15(a)(1) of the Wagner-Peyser (C), the Governor, in consultation with the (II) in clause (iv), by striking ‘‘and’’ at the Act (29 U.S.C. 49l–2(a)(1)). State board, shall determine the portion of end; ‘‘(2) ONE-STOP DELIVERY.—At a minimum, funds to be provided under subparagraph (A) (III) by redesignating clauses (iii) and (iv) the one-stop delivery system— by each one-stop partner and in making such as clauses (i) and (ii), respectively; and ‘‘(A) shall make each of the programs, determination shall consider the propor- (IV) by adding at the end the following: services, and activities described in para- tionate use of the one-stop centers in the ‘‘(iii) employment and training programs graph (1) accessible at not less than one State by each such partner, the costs of ad- administered by the Commissioner of the So- physical center in each local area of the ministration for purposes not related to one- cial Security Administration; State; and stop centers for each such partner, and other ‘‘(iv) employment and training programs ‘‘(B) may also make programs, services, relevant factors described in paragraph (3). carried out by the Administrator of the and activities described in paragraph (1) ‘‘(ii) SPECIAL RULE.—In those States where Small Business Administration; available— the State constitution places policy-making ‘‘(v) employment, training, and literacy ‘‘(i) through a network of affiliated sites authority that is independent of the author- services carried out by public libraries; and that can provide one or more of the pro- ity of the Governor in an entity or official ‘‘(vi) other appropriate Federal, State, or grams, services, and activities to individ- with respect to the funds provided for adult local programs, including programs in the uals; and education and family literacy education ac- private sector.’’; ‘‘(ii) through a network of eligible one-stop tivities authorized under title II and for (2) in subsection (c)(2), by amending sub- partners— postsecondary career and technical edu- paragraph (A) to read as follows: ‘‘(I) in which each partner provides one or ‘‘(A) provisions describing— more of the programs, services, and activi- cation activities authorized under the Carl ‘‘(i) the services to be provided through the ties to such individuals and is accessible at D. Perkins Career and Technical Education one-stop delivery system consistent with the an affiliated site that consists of a physical Act of 2006 (20 U.S.C. 2301 et seq.), the deter- requirements of this section, including the location or an electronically- or techno- mination described in clause (i) with respect manner in which the services will be coordi- logically-linked access point; and to the corresponding 2 programs shall be nated through such system; ‘‘(II) that assures individuals that informa- made by the Governor with the appropriate ‘‘(ii) how the costs of such services and the tion on the availability of the work ready entity or official with such independent pol- operating costs of such system will be fund- services will be available regardless of where icy-making authority. ed, through cash and in-kind contributions, the individuals initially enter the statewide ‘‘(iii) APPEAL BY ONE-STOP PARTNERS.—The to provide a stable and equitable funding workforce investment system, including in- Governor shall establish a procedure for the stream for ongoing one-stop system oper- formation made available through an access one-stop partner administering a program ations, including the funding of the costs of point described in subclause (I). described in subsection (b) and subparagraph infrastructure of one-stop centers in accord- ‘‘(3) SPECIALIZED CENTERS.—The centers (A) to appeal a determination regarding the ance with subsection (h); and sites described in paragraph (2) may portion of funds to be provided under this ‘‘(iii) methods of referral of individuals be- have a specialization in addressing special paragraph on the basis that such determina- tween the one-stop operator and the one-stop needs.’’; and tion is inconsistent with the requirements partners for appropriate services and activi- (5) by adding at the end the following: described in the State plan for the program ties, including referrals for training for non- ‘‘(g) CERTIFICATION OF ONE-STOP CEN- or with the requirements of this paragraph. traditional employment; and TERS.— Such procedure shall ensure prompt resolu- ‘‘(iv) the duration of the memorandum of ‘‘(1) IN GENERAL.— tion of the appeal. understanding and the procedures for amend- ‘‘(A) IN GENERAL.—The State board shall ‘‘(C) LIMITATIONS.— ing the memorandum during the term of the establish objective procedures and criteria ‘‘(i) PROVISION FROM ADMINISTRATIVE memorandum, and assurances that such for certifying, at least once every 3 years, FUNDS.—The funds provided under this para- memorandum shall be reviewed not less than one-stop centers for the purpose of awarding graph by a one-stop partner shall be provided once every 3-year period to ensure appro- the one-stop infrastructure funding described only from funds available for the costs of ad- priate funding and delivery of services under in subsection (h). ministration under the program adminis- the memorandum; and’’; ‘‘(B) CRITERIA.—The criteria for certifi- tered by such partner, and shall be subject to (3) in subsection (d)— cation of a one-stop center under this sub- the limitations with respect to the portion of (A) in the heading for paragraph (1), by section shall include— funds under such program that may be used striking ‘‘DESIGNATION AND CERTIFICATION’’ ‘‘(i) meeting the expected levels of per- for administration. and inserting ‘‘LOCAL DESIGNATION AND CER- formance for each of the corresponding core ‘‘(ii) FEDERAL DIRECT SPENDING PRO- TIFICATION’’; indicators of performance as outlined in the GRAMS.— (B) in paragraph (2)— State plan under section 112; ‘‘(I) IN GENERAL.—A program that provides (i) by striking ‘‘section 134(c)’’ and insert- ‘‘(ii) meeting minimum standards relating Federal direct spending under section ing ‘‘subsection (e)’’; to the scope and degree of service integra- 250(c)(8) of the Balanced Budget and Emer- (ii) by amending subparagraph (A) to read tion achieved by the center, involving the gency Deficit Control Act of 1985 (2 U.S.C. as follows: programs provided by the one-stop partners; 900(c)(8)) shall not, for purposes of this para- ‘‘(A) shall be designated or certified as a and graph, be required to provide more than the one-stop operator through a competitive ‘‘(iii) meeting minimum standards relating maximum amount determined under sub- process; and’’; and to how the center ensures that eligible pro- clause (II). (iii) in subparagraph (B), by striking clause viders meet the employment needs of local ‘‘(II) MAXIMUM AMOUNT.—The maximum (ii) and redesignating clauses (iii) through employers and participants. amount for the program is the amount that (vi) as clauses (ii) through (v), respectively; ‘‘(C) EFFECT OF CERTIFICATION.—One-stop bears the same relationship to the costs re- and centers certified under this subsection shall ferred to in paragraph (2) for the State as the (C) in paragraph (3), by striking ‘‘voca- be eligible to receive the infrastructure fund- use of the one-stop centers by such program tional’’ and inserting ‘‘career and technical’’; ing authorized under subsection (h). bears to the use of such centers by all one- (4) by amending subsection (e) to read as ‘‘(2) LOCAL BOARDS.—Consistent with the stop partner programs in the State. follows: criteria developed by the State, the local ‘‘(2) ALLOCATION BY GOVERNOR.—From the ‘‘(e) ESTABLISHMENT OF ONE-STOP DELIVERY board may develop, for certification referred funds provided under paragraph (1), the Gov- SYSTEM.— to in paragraph (1)(A), additional criteria or ernor shall allocate funds to local areas in ‘‘(1) IN GENERAL.—There shall be estab- higher standards on the criteria referred to accordance with the formula established lished in a State that receives an allotment in paragraph (1)(B) to respond to local labor under paragraph (3) for the purposes of as- under section 132(b) a one-stop delivery sys- market and demographic conditions and sisting in paying the costs of infrastructure tem, which shall— trends. of one-stop centers certified under sub- ‘‘(A) provide the work ready services de- ‘‘(h) ONE-STOP INFRASTRUCTURE FUNDING.— section (g). scribed in section 134(c)(2); ‘‘(1) PARTNER CONTRIBUTIONS.— ‘‘(3) ALLOCATION FORMULA.—The State ‘‘(B) provide access to training services as ‘‘(A) PROVISION OF FUNDS.—Notwith- board shall develop a formula to be used by described in paragraph (4) of section 134(c), standing any other provision of law, as de- the Governor to allocate the funds provided including serving as the point of access to termined under subparagraph (B), a portion under paragraph (1) to local areas. The for- career enhancement accounts for training of the Federal funds provided to the State mula shall include such factors as the State services to participants in accordance with and areas within the State under the Federal board determines are appropriate, which paragraph (4)(F) of such section; laws authorizing the one-stop partner pro- may include factors such as the number of

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1993 centers in a local area that have been cer- be eligible to receive the funds and be in- gibility based on the criteria established tified, the population served by such centers, cluded on the list with respect to programs under this section; and and the performance of such centers. described in paragraph (2)(B) for so long as ‘‘(2) establish a process, for a provider of ‘‘(4) COSTS OF INFRASTRUCTURE.—For pur- the provider remains certified by the Sec- training services to appeal a denial or termi- poses of this subsection, the term ‘costs of retary of Labor to carry out the programs. nation of eligibility under this section, that infrastructure’ means the nonpersonnel costs ‘‘(b) CRITERIA.— includes an opportunity for a hearing and that are necessary for the general operation ‘‘(1) IN GENERAL.—The criteria established prescribes appropriate time limits to ensure of a one-stop center, including the rental by the Governor pursuant to subsection (a) prompt resolution of the appeal. costs of the facilities involved, and the costs shall take into account— ‘‘(d) INFORMATION TO ASSIST PARTICIPANTS of utilities and maintenance, and equipment ‘‘(A) the performance of providers of train- IN CHOOSING PROVIDERS.—In order to facili- (including assistive technology for individ- ing services with respect to the performance tate and assist participants under chapter 5 uals with disabilities). measures described in section 136, measures in choosing providers of training services, ‘‘(i) OTHER FUNDS.— for other matters for which information is the Governor shall ensure that an appropriate list of providers determined eligible ‘‘(1) IN GENERAL.—In addition to the funds required under paragraph (2), and other ap- under this section in the State, including in- provided under subsection (h), a portion of propriate measures of performance outcomes formation provided under subsection (b)(2) funds made available under Federal law au- for those participants receiving training with respect to such providers, is provided to thorizing the one-stop partner programs de- services under this subtitle; scribed in subsection (b)(1)(B) and partici- the local boards in the State and is made ‘‘(B) whether the training programs of such available to such participants and to mem- pating additional partner programs de- providers relate to in-demand industries or bers of the public through the one-stop deliv- scribed in subsection (b)(2)(B), or the occupations important to the local economy; ery system in the State. noncash resources available under such 2 ‘‘(C) the need to ensure access to training ‘‘(e) ENFORCEMENT.— types of programs, shall be used to pay the services throughout the State, including in ‘‘(1) IN GENERAL.—The procedures estab- costs relating to the operation of the one- rural areas; lished under this section shall provide the stop delivery system that are not paid for ‘‘(D) the ability of the providers to offer following: from the funds provided under subsection (h), programs that lead to a recognized postsec- ‘‘(A) INTENTIONALLY SUPPLYING INACCURATE to the extent not inconsistent with the Fed- ondary credential, and the quality of such INFORMATION.—Upon a determination, by an eral law involved. Such portion shall be used programs; individual or entity specified in the proce- to pay for costs including— ‘‘(E) the performance of the providers as dures, that a provider of training services, or ‘‘(A) costs of infrastructure (as defined in reflected in the information such providers individual providing information on behalf of subsection (h)) that are in excess of the funds are required to report to State agencies with the provider, intentionally supplied inac- provided under subsection (h); respect to other Federal and State programs curate information under this section, the ‘‘(B) common costs that are in addition to (other than the program carried out under eligibility of such provider under this sec- the costs of infrastructure (as so defined); this subtitle), including one-stop partner tion shall be terminated for a period of time and programs; and that is not less than 2 years. ‘‘(C) the costs of the provision of work ‘‘(F) such other factors as the Governor de- ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a de- ready services applicable to each program. termines are appropriate. termination, by an individual or entity spec- ‘‘(2) DETERMINATION AND STANDARDS.—The ‘‘(2) INFORMATION.—The criteria estab- ified in the procedures, that a provider of method for determining the appropriate por- lished by the Governor shall require that a training services substantially violated any tion of funds and noncash resources to be provider of training services submit appro- requirement under this title, the eligibility provided by each program under paragraph priate, accurate, and timely information to of such provider under this section shall be (1) shall be determined as part of the memo- the State for purposes of carrying out sub- terminated for a period of time that is not randum of understanding under subsection section (d), with respect to participants re- less than 10 years. (c). The State board shall provide standards ceiving training services under this subtitle ‘‘(C) REPAYMENT.—A provider of training to facilitate the determination of appro- in the applicable program, including— services whose eligibility is terminated priate allocation of the funds and noncash ‘‘(A) information on recognized postsec- under subparagraph (A) or (B) shall be liable resources to local areas.’’. ondary credentials received by such partici- for the repayment of funds received under SEC. ll18. IDENTIFICATION OF ELIGIBLE PRO- pants; chapter 5 during a period of noncompliance VIDERS OF TRAINING SERVICES. ‘‘(B) information on costs of attendance for described in such subparagraph. For purposes Section 122 (29 U.S.C. 2842) is amended to such participants; of subparagraph (A), that period shall be con- read as follows: ‘‘(C) information on the program comple- sidered to be the period beginning on the ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PRO- tion rate for such participants; and date on which the inaccurate information de- VIDERS OF TRAINING SERVICES. ‘‘(D) information on the performance of the scribed in subparagraph (A) was supplied, ‘‘(a) ELIGIBILITY.— provider with respect to the performance and ending on the date of the termination ‘‘(1) IN GENERAL.—The Governor, after con- measures described in section 136 for such described in subparagraph (A). sultation with the State board, shall estab- participants. ‘‘(2) CONSTRUCTION.—Paragraph (1) shall be lish criteria and procedures regarding the ‘‘(3) RENEWAL.—The criteria established by construed to provide remedies and penalties eligibility of providers of training services the Governor shall also provide for a review that supplement, but do not supplant, other described in section 134(c)(4) to receive funds on the criteria every 3 years and renewal of civil and criminal remedies and penalties. provided under section 133(b) for the provi- eligibility under this section for providers of ‘‘(f) AGREEMENTS WITH OTHER STATES.—A sion of such training services and be included training services. State may enter into an agreement with an- on the list of eligible providers of training ‘‘(4) LOCAL CRITERIA.—A local board in the other State, on a reciprocal basis, to permit services described in subsection (d). State may establish criteria in addition to eligible providers of training services to ac- ‘‘(2) PROVIDERS.—Subject to the provisions the criteria established by the Governor, or cept career enhancement accounts provided of this section, to be eligible to receive the may require higher levels of performance in the other State. ‘‘(g) RECOMMENDATIONS.—In developing the funds and be included on the list, the pro- than required on the criteria established by criteria (including requirements for related vider shall be— the Governor, for purposes of determining information) and procedures required under ‘‘(A) a postsecondary educational institu- the eligibility of providers of training services under this section in the local area in- this section, the Governor shall solicit and tion that— take into consideration the recommenda- volved. ‘‘(i) is eligible to receive Federal funds tions of local boards and providers of train- ‘‘(5) LIMITATION.—In carrying out the re- under title IV of the Higher Education Act of ing services within the State. quirements of this subsection, no entity may 1965 (20 U.S.C. 1070 et seq.); and ‘‘(h) OPPORTUNITY TO SUBMIT COMMENTS.— ‘‘(ii) provides a program that leads to a disclose personally identifiable information During the development of the criteria and recognized postsecondary credential; regarding a student, including a Social Secu- procedures, and the list of eligible providers ‘‘(B) an entity that carries out programs rity number, student identification number, required under this section, the Governor under the Act of August 16, 1937 (commonly or other identifier, without the prior written shall provide an opportunity for interested known as the ‘National Apprenticeship Act’; consent of the parent or student in compli- members of the public to submit comments 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); ance with section 444 of the General Edu- regarding such criteria, procedures, and list. or cation Provisions Act (20 U.S.C. 1232g). ‘‘(i) ON-THE-JOB TRAINING OR CUSTOMIZED ‘‘(C) another public or private provider of a ‘‘(c) PROCEDURES.—The procedures estab- TRAINING EXCEPTION.— program of training services. lished under subsection (a) shall— ‘‘(1) IN GENERAL.—Providers of on-the-job ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO- ‘‘(1) identify— training or customized training shall not be VIDERS.—A provider described in subpara- ‘‘(A) the application process for a provider subject to the requirements of subsections graph (A) or (C) of paragraph (2) shall comply of training services to become eligible under (a) through (d). with the criteria and procedures established this section; and ‘‘(2) COLLECTION AND DISSEMINATION OF IN- under this subsection to be eligible to re- ‘‘(B) the respective roles of the State and FORMATION.—A one-stop operator in a local ceive the funds and be included on the list. A local areas in receiving and reviewing appli- area shall collect such performance informa- provider described in paragraph (2)(B) shall cations and in making determinations of eli- tion from on-the-job training and customized

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training providers as the Governor may re- ‘‘(2) STATES.— ceived under this paragraph by the State in- quire, determine whether the providers meet ‘‘(A) IN GENERAL.—After determining the volved for the fiscal year. such performance criteria as the Governor amount to be reserved under paragraph (1), ‘‘(ii) AREA OF SUBSTANTIAL UNEMPLOY- may require, and disseminate information the Secretary shall allot the remainder of MENT.—The term ‘area of substantial unem- identifying providers that meet the criteria the amount referred to in subsection (a)(5) ployment’ means any area that is of suffi- as eligible providers, and the performance infor a fiscal year to the States pursuant to cient size and scope to sustain a program of formation, through the one-stop delivery subparagraph (B) for employment and train- workforce investment activities carried out system. Providers determined to meet the ing activities and statewide workforce in- under this subtitle and that has an average criteria shall be considered to be identified vestment activities. rate of unemployment of at least 7 percent as eligible under this section, to be providers ‘‘(B) FORMULA.—Subject to subparagraphs for the most recent 12 months, as determined of the training services involved.’’. (C) and (D), of the remainder— by the Secretary. For purposes of this SEC. ll19. GENERAL AUTHORIZATION. ‘‘(i) 25 percent shall be allotted on the clause, determinations of areas of substan- Chapter 5 of subtitle B of title I is amend- basis of the relative number of unemployed tial unemployment shall be made once each ed— individuals in areas of substantial unemploy- fiscal year. (1) by striking the heading for chapter 5 ment in each State, compared to the total ‘‘(iii) DISADVANTAGED YOUTH.—The term and inserting the following: ‘‘EMPLOYMENT number of unemployed individuals in areas ‘disadvantaged youth’ means an individual AND TRAINING ACTIVITIES’’; and of substantial unemployment in all States; who is not less than age 16 and not more (2) in section 131 (29 U.S.C. 2861)— ‘‘(ii) 25 percent shall be allotted on the than age 24 who receives an income, or is a member of a family that receives a total (A) by striking ‘‘paragraphs (1)(B) and basis of the relative number of individuals in family income, that in relation to family (2)(B) of’’; and the civilian labor force in each State, com- size, does not exceed the higher of— (B) by striking ‘‘adults, and dislocated pared to the total number of such individuals ‘‘(I) the poverty line; or workers,’’ and inserting ‘‘individuals’’. in all States; ‘‘(II) 70 percent of the lower living standard ll ‘‘(iii) 25 percent shall be allotted on the SEC. 20. STATE ALLOTMENTS. income level. Section 132 (29 U.S.C. 2862) is amended— basis of the relative number of individuals in ‘‘(iv) INDIVIDUAL.—The term ‘individual’ (1) by amending subsection (a) to read as each State who have been unemployed for 15 means an individual who is age 16 or older.’’. follows: weeks or more, compared to the total num- SEC. ll21. WITHIN STATE ALLOCATIONS. ‘‘(a) IN GENERAL.—The Secretary shall— ber of individuals in all States who have Section 133 (29 U.S.C. 2863) is amended— 1⁄2 of 1 percent of the total been unemployed for 15 weeks or more; and ‘‘(1) reserve (1) by amending subsection (a) to read as ‘‘(iv) 25 percent shall be allotted on the amount appropriated under section 137 for a follows: fiscal year, of which— basis of the relative number of disadvan- ‘‘(a) RESERVATIONS FOR STATEWIDE WORK- ‘‘(A) 50 percent shall be used to provide taged youth in each State, compared to the FORCE INVESTMENT ACTIVITIES.— technical assistance under section 170; and total number of disadvantaged youth in all ‘‘(1) STATEWIDE EMPLOYMENT AND TRAINING ‘‘(B) 50 percent shall be used for evalua- States. ACTIVITIES.—The Governor of a State shall tions under section 172; ‘‘(C) MINIMUM AND MAXIMUM PERCENT- reserve not more than 15 percent of the total ‘‘(2) reserve 1 percent of the total amount AGES.— amount allotted to the State under section appropriated under section 137 for a fiscal ‘‘(i) MINIMUM PERCENTAGE.—The Secretary 132(b)(2) for a fiscal year to carry out the year to make grants to, and enter into con- shall ensure that no State shall receive an statewide activities described in section tracts or cooperative agreements with Indian allotment under this paragraph for— 134(a). tribes, tribal organizations, Alaska Native ‘‘(I) each of fiscal years 2015 through 2017, ‘‘(2) STATEWIDE RAPID RESPONSE ACTIVITIES entities, Indian-controlled organizations that is less than 100 percent of the allotment AND ADDITIONAL ASSISTANCE.—Of the amount serving Indians, or Native Hawaiian organi- percentage of the State for fiscal year 2013; reserved under paragraph (1) for a fiscal zations to carry out employment and train- and year, the Governor of the State shall reserve ing activities; ‘‘(II) fiscal year 2018 and each succeeding not more than 25 percent for statewide rapid ‘‘(3) reserve not more than 25 percent of fiscal year, that is less than 90 percent of the response activities and additional assistance the total amount appropriated under section allotment percentage of the State for the fis- described in section 134(a)(4). 137 for a fiscal year to carry out the Jobs cal year preceding the fiscal year involved. ‘‘(3) STATEWIDE GRANTS FOR INDIVIDUALS Corps program under subtitle C; ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to WITH BARRIERS TO EMPLOYMENT.—Of the ‘‘(4) reserve not more than 3.5 percent of clause (i), the Secretary shall ensure that no amount reserved under paragraph (1) for a the total amount appropriated under section State shall receive an allotment under this fiscal year, the Governor of the State shall 137 for a fiscal year to— paragraph for— reserve 15 percent to carry out statewide ac- ‘‘(A) make grants to State boards or local ‘‘(I) each of fiscal years 2015 through 2017, tivities described in section 134(a)(5). boards to provide employment and training that is more than 130 percent of the allot- ‘‘(4) STATE ADMINISTRATIVE COST LIMIT.— assistance to workers affected by major eco- ment percentage of the State for fiscal year Not more than 5 percent of the funds re- nomic dislocations, such as plant closures, 2013; and served under paragraph (1) may be used by mass layoffs, or closures and realignments of ‘‘(II) fiscal year 2018 and each succeeding the Governor of the State for administrative military installations; and fiscal year, that is more than 130 percent of costs of carrying out the statewide activities ‘‘(B) provide assistance to Governors of the allotment percentage of the State for the described in section 134(a).’’; States with an area that has suffered an fiscal year preceding the fiscal year in- (2) by amending subsection (b) to read as emergency or a major disaster (as such volved. follows: terms are defined in paragraphs (1) and (2), ‘‘(D) SMALL STATE MINIMUM ALLOTMENT.— ‘‘(b) WITHIN STATE ALLOCATION.— respectively, of section 102 of the Robert T. Subject to subparagraph (C), the Secretary ‘‘(1) METHODS.—The Governor, acting in ac- Stafford Disaster Relief and Emergency As- shall ensure that no State shall receive an cordance with the State plan, and after con- sistance Act (42 U.S.C. 5122)) to provide dis- allotment under this paragraph for a fiscal sulting with chief elected officials in the aster relief employment in the area; and year that is less than 1⁄5 of 1 percent of the local areas in the State, shall— ‘‘(5) from the remaining amount appro- remainder described in subparagraph (A) for ‘‘(A) allocate the funds that are allotted to priated under section 137 for a fiscal year the fiscal year. the State under section 132(b)(2) and not re- (after reserving funds under paragraphs (1) ‘‘(E) DEFINITIONS.—For the purpose of the served under subsection (a), in accordance through (4)), make allotments in accordance formula specified in this paragraph: with paragraph (2)(A); and with subsection (b) of this section.’’; and ‘‘(i) ALLOTMENT PERCENTAGE.—The term ‘‘(B) award the funds that are reserved by (2) by amending subsection (b) to read as ‘allotment percentage’— the State under subsection (a)(3) through follows: ‘‘(I) used with respect to fiscal year 2013, competitive grants to eligible entities, in ac- ‘‘(b) WORKFORCE INVESTMENT FUND.— means the percentage of the amounts allot- cordance with section 134(a)(1)(C). ‘‘(1) RESERVATION FOR OUTLYING AREAS.— ted to States under title I of this Act, title ‘‘(2) FORMULA ALLOCATIONS FOR THE WORK- ‘‘(A) IN GENERAL.—From the amount made V of the Older Americans Act of 1965 (42 FORCE INVESTMENT FUND.— available under subsection (a)(5) for a fiscal U.S.C. 3056 et seq.), the Women in Appren- ‘‘(A) ALLOCATION.—In allocating the funds year, the Secretary shall reserve not more ticeship and Nontraditional Occupations Act described in paragraph (1)(A) to local areas, than 1⁄4 of 1 percent to provide assistance to (29 U.S.C. 2501 et seq.), sections 4103A and a State shall allocate— the outlying areas. 4104 of title 38, United States Code, and sec- ‘‘(i) 25 percent on the basis described in ‘‘(B) RESTRICTION.—The Republic of Palau tions 1 through 14 of the Wagner-Peyser Act section 132(b)(2)(B)(i); shall cease to be eligible to receive funding (29 U.S.C. 49 et seq.), as such provisions were ‘‘(ii) 25 percent on the basis described in under this paragraph upon entering into an in effect for fiscal year 2013, that is received section 132(b)(2)(B)(ii); agreement for extension of United States under such provisions by the State involved ‘‘(iii) 25 percent on the basis described in educational assistance under the Compact of for fiscal year 2013; and section 132(b)(2)(B)(iii); and Free Association (approved by the Compact ‘‘(II) used with respect to fiscal year 2017 or ‘‘(iv) 25 percent on the basis described in of Free Association Amendments Act of 2003 a succeeding fiscal year, means the percent- section 132(b)(2)(B)(iv), (Public Law 108–188) after the date of enact- age of the amounts allotted to States under except that a reference in a section specified ment of the SKILLS Act. this paragraph for the fiscal year, that is rein any of clauses (i) through (iv) to ‘each

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1995 State’ shall be considered to refer to each trative costs of carrying out local workforce system in the State and all employers (in- local area, and to ‘all States’ shall be consid- investment activities in the local area under cluding small employers) in the State, and ered to refer to all local areas. this chapter.’’. other business services and strategies that ‘‘(B) MINIMUM AND MAXIMUM PERCENT- SEC. ll22. USE OF FUNDS FOR EMPLOYMENT better engage employers in workforce invest- AGES.— AND TRAINING ACTIVITIES. ment activities and make the workforce in- ‘‘(i) MINIMUM PERCENTAGE.—The State Section 134 (29 U.S.C. 2864) is amended— vestment system more relevant to the needs shall ensure that no local area shall receive (1) by amending subsection (a) to read as of State and local businesses, consistent an allocation under this paragraph for— follows: with the objectives of this title; ‘‘(I) each of fiscal years 2015 through 2017, ‘‘(a) STATEWIDE EMPLOYMENT AND TRAINING ‘‘(B) providing incentive grants to local that is less than 100 percent of the allocation ACTIVITIES.— areas— percentage of the local area for fiscal year ‘‘(1) IN GENERAL.— ‘‘(i) for regional cooperation among local ‘‘(A) DISTRIBUTION OF STATEWIDE ACTIVI- 2013; and boards (including local boards in a des- TIES.—Funds reserved by a Governor for a ‘‘(II) fiscal year 2018 and each succeeding ignated region as described in section 116(c)); State as described in section 133(a)(1) and not fiscal year, that is less than 90 percent of the ‘‘(ii) for local coordination of activities reserved under paragraph (2) or (3) of section allocation percentage of the local area for carried out under this Act; and 133(a)— the fiscal year preceding the fiscal year in- ‘‘(iii) for exemplary performance by local volved. ‘‘(i) shall be used to carry out the statewide employment and training activities de- areas on the local performance measures; ‘‘(ii) MAXIMUM PERCENTAGE.—Subject to ‘‘(C) developing strategies for effectively clause (i), the State shall ensure that no scribed in paragraph (2); and integrating programs and services among local area shall receive an allocation for a ‘‘(ii) may be used to carry out any of the one-stop partners; fiscal year under this paragraph for— statewide employment and training activi- ‘‘(D) carrying out activities to facilitate ‘‘(I) each of fiscal years 2015 through 2017, ties described in paragraph (3). remote access to services provided through a that is more than 130 percent of the alloca- ‘‘(B) STATEWIDE RAPID RESPONSE ACTIVITIES one-stop delivery system, including facili- tion percentage of the local area for fiscal AND ADDITIONAL ASSISTANCE.—Funds reserved tating access through the use of technology; year 2013; and by a Governor for a State as described in sec- ‘‘(II) fiscal year 2018 and each succeeding tion 133(a)(2) shall be used to provide the ‘‘(E) incorporating pay-for-performance fiscal year, that is more than 130 percentage statewide rapid response activities and addi- contract strategies as an element in funding of the allocation percentage of the local area tional assistance described in paragraph (4). activities under this section and providing for the fiscal year preceding the fiscal year ‘‘(C) STATEWIDE GRANTS FOR INDIVIDUALS technical support to local areas and eligible involved. WITH BARRIERS TO EMPLOYMENT.—Funds re- providers in order to carry out such a strategy, which may involve providing assistance ‘‘(C) DEFINITIONS.—For the purpose of the served by a Governor for a State as described formula specified in this paragraph, the term in section 133(a)(3) shall be used to award with data collection and data entry require- ‘allocation percentage’— statewide grants for individuals with bar- ments; ‘‘(i) used with respect to fiscal year 2013, riers to employment on a competitive basis, ‘‘(F) carrying out the State option under means the percentage of the amounts allo- and carry out other activities, as described subsection (f)(8); and cated to local areas under title I of this Act, in paragraph (5). ‘‘(G) carrying out other activities author- title V of the Older Americans Act of 1965 (42 ‘‘(2) REQUIRED STATEWIDE EMPLOYMENT AND ized under this section that the State deter- U.S.C. 3056 et seq.), the Women in Appren- TRAINING ACTIVITIES.—A State shall use funds mines to be necessary to assist local areas in ticeship and Nontraditional Occupations Act referred to in paragraph (1)(A) to carry out carrying out activities described in sub- (29 U.S.C. 2501 et seq.), sections 4103A and statewide employment and training activi- section (c) or (d) through the statewide 4104 of title 38, United States Code, and sec- ties, which shall include— workforce investment system. tions 1 through 14 of the Wagner-Peyser Act ‘‘(A) disseminating the State list of eligi- ‘‘(4) STATEWIDE RAPID RESPONSE ACTIVITIES (29 U.S.C. 49 et seq.), as such provisions were ble providers of training services described AND ADDITIONAL ASSISTANCE.—A State shall in effect for fiscal year 2013, that is received in section 122(d), information identifying eli- use funds reserved as described in section under such provisions by the local area in- gible providers of on-the-job training and 133(a)(2)— volved for fiscal year 2013; and customized training described in section ‘‘(A) to carry out statewide rapid response ‘‘(ii) used with respect to fiscal year 2017 or 122(i), and performance information and pro- activities, which shall include provision of a succeeding fiscal year, means the percent- gram cost information described in section rapid response activities, carried out in local age of the amounts allocated to local areas 122(b)(2); areas by the State or by an entity designated under this paragraph for the fiscal year, that ‘‘(B) supporting the provision of work by the State, working in conjunction with is received under this paragraph by the local ready services described in subsection (c)(2) the local boards and the chief elected offi- area involved for the fiscal year.’’; in the one-stop delivery system; cials in the local areas; and (3) in subsection (c)— ‘‘(C) implementing strategies and services ‘‘(B) to provide additional assistance to (A) by amending paragraph (1) to read as that will be used in the State to assist at- local areas that experience disasters, mass follows: risk youth and out-of-school youth in acquir- layoffs, or plant closings, or other events ‘‘(1) IN GENERAL.—The Governor may, in ing the education and skills, recognized post- that precipitate substantial increases in the accordance with this subsection, reallocate secondary credentials, and employment ex- number of unemployed individuals, carried to eligible local areas within the State perience to succeed in the labor market; out in local areas by the State or by an enti- amounts that are allocated under subsection ‘‘(D) conducting evaluations under section ty designated by the State, working in con- (b) for employment and training activities 136(e) of activities authorized under this junction with the local boards and the chief and that are available for reallocation.’’; chapter in coordination with evaluations elected officials in the local areas. (B) in paragraph (2), by striking ‘‘para- carried out by the Secretary under section ‘‘(5) STATEWIDE GRANTS FOR INDIVIDUALS graph (2)(A) or (3) of subsection (b) for such 172; WITH BARRIERS TO EMPLOYMENT.— activities’’ and inserting ‘‘subsection (b) for ‘‘(E) providing technical assistance to local ‘‘(A) IN GENERAL.—Of the funds reserved as such activities’’; areas that fail to meet local performance described in section 133(a)(3), the Governor of (C) by amending paragraph (3) to read as measures; a State— follows: ‘‘(F) operating a fiscal and management ‘‘(i) may reserve up to 5 percent to provide ‘‘(3) REALLOCATIONS.—In making realloca- accountability system under section 136(f); technical assistance for, and conduct evaluations to eligible local areas of amounts and tions as described in section 136(e) of, the available pursuant to paragraph (2) for a pro- ‘‘(G) carrying out monitoring and over- programs carried out under this paragraph; gram year, the Governor shall allocate to sight of activities carried out under this and each eligible local area within the State an chapter. ‘‘(ii) using the remainder, shall award amount based on the relative amount allo- ‘‘(3) ALLOWABLE STATEWIDE EMPLOYMENT grants on a competitive basis to eligible en- cated to such local area under subsection AND TRAINING ACTIVITIES.—A State may use tities (that meet specific performance out- (b)(2) for such activities for such prior pro- funds referred to in paragraph (1)(A) to carry comes and criteria established by the Gov- gram year, as compared to the total amount out statewide employment and training ac- ernor) described in subparagraph (B) to carry allocated to all eligible local areas in the tivities which may include— out employment and training programs au- State under subsection (b)(2) for such activi- ‘‘(A) implementing innovative programs thorized under this paragraph for individuals ties for such prior program year.’’; and and strategies designed to meet the needs of with barriers to employment. (D) in paragraph (4), by striking ‘‘para- all employers in the State, including small ‘‘(B) ELIGIBLE ENTITY DEFINED.—For pur- graph (2)(A) or (3) of’’; and employers, which may include incumbent poses of this paragraph, the term ‘eligible (4) by adding at the end the following new worker training programs, sectoral and in- entity’ means an entity that— subsection: dustry cluster strategies and partnership ini- ‘‘(i) is a— ‘‘(d) LOCAL ADMINISTRATIVE COST LIMIT.— tiatives, career ladder programs, micro-en- ‘‘(I) local board or a consortium of local Of the amount allocated to a local area terprise and entrepreneurial training and boards; under this section for a fiscal year, not more support programs, utilization of effective ‘‘(II) nonprofit entity, for-profit entity, or than 10 percent of the amount may be used business intermediaries, activities to im- a consortium of nonprofit or for-profit enti- by the local board involved for the adminis- prove linkages between the one-stop delivery ties; or

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S1996 CONGRESSIONAL RECORD — SENATE April 1, 2014 ‘‘(III) consortium of the entities described ‘‘(1) shall be used to carry out employment education and training programs that are in subclauses (I) and (II); and training activities described in sub- not funded under this Act and are available ‘‘(ii) has a demonstrated record of placing section (c); and in the local area;’’; and individuals into unsubsidized employment ‘‘(2) may be used to carry out employment (xii) by inserting the following new sub- and serving hard-to-serve individuals; and and training activities described in subparagraphs after subparagraph (K), as so re- ‘‘(iii) agrees to be reimbursed primarily on section (d).’’; designated: the basis of meeting specified performance (3) by striking subsection (c); ‘‘(L) the provision of information from offi- outcomes and criteria established by the (4) by redesignating subsections (d) and (e), cial publications of the Internal Revenue Governor. as subsections (c) and (d), respectively; Service regarding Federal tax credits, avail- ‘‘(C) GRANT PERIOD.— (5) in subsection (c) (as so redesignated)— able to participants in employment and ‘‘(i) IN GENERAL.—A grant under this para- (A) by amending paragraph (1) to read as training activities, and relating to edu- graph shall be awarded for a period of 1 year. follows: cation, job training, and employment; ‘‘(ii) GRANT RENEWAL.—A Governor of a ‘‘(1) IN GENERAL.—Funds allocated to a ‘‘(M) comprehensive and specialized assess- State may renew, for up to 4 additional 1- local area under section 133(b) shall be used— ments of the skill levels and service needs of year periods, a grant awarded under this ‘‘(A) to establish a one-stop delivery sys- workers, which may include— paragraph. tem as described in section 121(e); ‘‘(i) diagnostic testing and use of other as- ‘‘(D) ELIGIBLE PARTICIPANTS.—To be eligi- ‘‘(B) to provide the work ready services de- sessment tools; and ble to participate in activities under this scribed in paragraph (2) through the one-stop ‘‘(ii) in-depth interviewing and evaluation paragraph, an individual shall be a low-in- delivery system in accordance with such to identify employment barriers and appro- come individual age 16 or older. paragraph; and priate employment goals; ‘‘(E) USE OF FUNDS.—An eligible entity re- ‘‘(C) to provide training services described ‘‘(N) development of an individual employ- ceiving a grant under this paragraph shall in paragraph (4) in accordance with such ment plan, to identify the employment use the grant funds for programs of activi- paragraph.’’; goals, appropriate achievement objectives, ties that are designed to assist eligible par- (B) in paragraph (2)— and appropriate combination of services for ticipants in obtaining employment and ac- (i) in the heading, by striking ‘‘CORE SERV- the participant; quiring the education and skills necessary to ICES’’ and inserting ‘‘WORK READY SERVICES’’; ‘‘(O) group counseling; succeed in the labor market. To be eligible (ii) in the matter preceding subparagraph ‘‘(P) individual counseling and career plan- to receive a grant under this paragraph for (A)— ning; an employment and training program, an eli- (I) by striking ‘‘(1)(A)’’ and inserting ‘‘(1)’’; ‘‘(Q) case management; gible entity shall submit an application to a (II) by striking ‘‘core services’’ and insert- ‘‘(R) short-term pre-career services, includ- State at such time, in such manner, and con- ing ‘‘work ready services’’; and ing development of learning skills, commu- taining such information as the State may (III) by striking ‘‘who are adults or dis- nications skills, interviewing skills, punc- require, including— located workers’’; tuality, personal maintenance skills, and ‘‘(i) a description of how the strategies and (iii) by redesignating subparagraph (K) as professional conduct, to prepare individuals activities of the program will be aligned subparagraph (V); for unsubsidized employment or training; (iv) by redesignating subparagraphs (B) with the State plan submitted under section ‘‘(S) internships and work experience; through (J) as subparagraphs (C) through ‘‘(T) literacy activities relating to basic 112 and the local plan submitted under sec- (K), respectively; work readiness, information and commu- tion 118, with respect to the area of the State (v) by inserting after subparagraph (A) the nication technology literacy activities, and that will be the focus of the program under following: financial literacy activities, if the activities this paragraph; ‘‘(B) assistance in obtaining eligibility de- involved are not available to participants in ‘‘(ii) a description of the educational and terminations under the other one-stop part- the local area under programs administered skills training programs and activities the ner programs through activities, where ap- under the Adult Education and Family Lit- eligible entity will provide to eligible par- propriate and consistent with the author- eracy Act (20 U.S.C. 9201 et seq.); ticipants under this paragraph; izing statute of the one-stop partner pro- ‘‘(U) out-of-area job search assistance and ‘‘(iii) how the eligible entity will collabo- gram involved, such as assisting in— relocation assistance; and’’; rate with State and local workforce invest- ‘‘(i) the submission of applications; (C) by amending paragraph (3) to read as ment systems established under this title in ‘‘(ii) the provision of information on the follows: the provision of such programs and activi- results of such applications; and ‘‘(3) DELIVERY OF SERVICES.—The work ties; ‘‘(iii) the provision of intake services and ready services described in paragraph (2) ‘‘(iv) a description of the programs of dem- information;’’; shall be provided through the one-stop deliv- onstrated effectiveness on which the provi- (vi) by amending subparagraph (E), as so ery system and may be provided through sion of such educational and skills training redesignated, to read as follows: contracts with public, private for-profit, and programs and activities are based, and a de- ‘‘(E) labor exchange services, including— private nonprofit service providers, approved scription of how such programs and activi- ‘‘(i) job search and placement assistance, by the local board.’’; and ties will improve education and skills train- and where appropriate, career counseling; (D) in paragraph (4)— ing for eligible participants; ‘‘(ii) appropriate recruitment services for (i) by amending subparagraph (A) to read ‘‘(v) a description of the populations to be employers, including small employers, in the as follows: served and the skill needs of those popu- local area, which may include services de- ‘‘(A) IN GENERAL.—Funds described in para- lations, and the manner in which eligible scribed in this subsection, including provi- graph (1)(C) shall be used to provide training participants will be recruited and selected as sion of information and referral to special- services to individuals who— participants; ized business services not traditionally of- ‘‘(i) after an interview, evaluation, or as- ‘‘(vi) a description of the private, public, fered through the one-stop delivery system; sessment, and case management, have been local, and State resources that will be lever- and determined by a one-stop operator or one- aged, with the grant funds provided, for the ‘‘(iii) reemployment services provided to stop partner, as appropriate, to— program under this paragraph, and how the unemployment claimants, including claim- ‘‘(I) be in need of training services to ob- entity will ensure the sustainability of such ants identified as in need of such services tain or retain employment; and program after grant funds are no longer under the worker profiling system estab- ‘‘(II) have the skills and qualifications to available; lished under section 303(j) of the Social Secu- successfully participate in the selected pro- ‘‘(vii) a description of the extent of the in- rity Act (42 U.S.C. 503(j));’’; gram of training services; volvement of employers in such program; (vii) in subparagraph (F), as so redesig- ‘‘(ii) select programs of training services ‘‘(viii) a description of the levels of per- nated, by striking ‘‘employment statistics’’ that are directly linked to the employment formance the eligible entity expects to and inserting ‘‘workforce and labor market’’; opportunities in the local area involved or in achieve with respect to the indicators of per- (viii) in subparagraph (G), as so redesig- another area in which the individual receiv- formance for all individuals specified in sec- nated, by striking ‘‘and eligible providers of ing such services are willing to commute or tion 136(b)(2); youth activities described in section 123,’’; relocate; and ‘‘(ix) a detailed budget and a description of (ix) in subparagraph (H), as so redesig- ‘‘(iii) who meet the requirements of sub- the system of fiscal controls, and auditing nated, by inserting ‘‘under section 136’’ after paragraph (B).’’; and accountability procedures, that will be ‘‘local performance measures’’; (ii) in subparagraph (B)(i), by striking ‘‘Ex- used to ensure fiscal soundness for the pro- (x) in subparagraph (J), as so redesignated, cept’’ and inserting ‘‘Notwithstanding sec- gram provided under this paragraph; and by inserting ‘‘and information regarding the tion 479B of the Higher Education Act of 1965 ‘‘(x) any other criteria the Governor may administration of the work test for the un- (20 U.S.C. 1087uu) and except’’; require.’’; employment compensation system’’ after (iii) by amending subparagraph (D) to read (2) by amending subsection (b) to read as ‘‘compensation’’; as follows: follows: (xi) by amending subparagraph (K), as so ‘‘(D) TRAINING SERVICES.—Training services ‘‘(b) LOCAL EMPLOYMENT AND TRAINING AC- redesignated, to read as follows: authorized under this paragraph may in- TIVITIES.—Funds allocated to a local area ‘‘(K) assistance in establishing eligibility clude— under section 133(b)— for programs of financial aid assistance for ‘‘(i) occupational skills training;

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‘‘(ii) on-the-job training; (ee) in subclause (III), by striking the pe- ‘‘(ii) CALCULATION OF MATCH.—The wages ‘‘(iii) skill upgrading and retraining; riod and inserting ‘‘; or’’; and paid by an employer to a worker while they ‘‘(iv) entrepreneurial training; (ff) by adding at the end the following: are attending training may be included as ‘‘(v) education activities leading to a reg- ‘‘(IV) the local board determines that it part of the required payment of the em- ular secondary school diploma or its recog- would be most appropriate to award a con- ployer.’’; and nized equivalent in combination with, contract to a postsecondary educational institu- (7) by adding at the end the following: currently or subsequently, occupational tion that has been identified as a priority el- ‘‘(e) PRIORITY FOR PLACEMENT IN PRIVATE skills training; igible provider under section 117(d)(5)(B) in SECTOR JOBS.—In providing employment and ‘‘(vi) adult education and family literacy order to facilitate the training of multiple training activities authorized under this sec- education activities provided in conjunction individuals in in-demand industries or occu- tion, the State board and local board shall with other training services authorized pations important to the State or local econ- give priority to placing participants in jobs under this subparagraph; omy, that such contract may be used to en- in the private sector. ‘‘(f) VETERAN EMPLOYMENT SPECIALIST.— ‘‘(vii) workplace training combined with able the expansion of programs provided by a ‘‘(1) IN GENERAL.—Subject to paragraph (8), related instruction; priority eligible provider, and that such con- a local board shall hire and employ one or ‘‘(viii) occupational skills training that in- tract does not limit customer choice.’’; more veteran employment specialists to corporates English language acquisition; (IV) in clause (iii), by striking ‘‘adult or carry out employment, training, supportive, ‘‘(ix) customized training conducted with a dislocated worker’’ and inserting ‘‘indi- and placement services under this subsection commitment by an employer or group of em- vidual’’; and in the local area served by the local board. ployers to employ an individual upon suc- (V) in clause (iv)— ‘‘(2) PRINCIPAL DUTIES.—A veteran employ- cessful completion of the training; and (aa) by redesignating subclause (IV) as sub- ment specialist in a local area shall— ‘‘(x) training programs operated by the pri- clause (V); and ‘‘(A) conduct outreach to employers in the vate sector.’’; (bb) by inserting after subclause (III) the local area to assist veterans, including dis- (iv) by striking subparagraph (E) and re- following: abled veterans, in gaining employment, in- designating subparagraphs (F) and (G) as ‘‘(IV) Individuals with disabilities.’’; cluding— subparagraphs (E) and (F), respectively; (6) in subsection (d) (as so redesignated)— ‘‘(i) conducting seminars for employers; (v) in subparagraph (E) (as so redesig- (A) by amending paragraph (1) to read as and nated)— follows: ‘‘(ii) in conjunction with employers, con- (I) in clause (ii)— ‘‘(1) DISCRETIONARY ONE-STOP DELIVERY AC- ducting job search workshops, and estab- (aa) in the matter preceding subclause (I), TIVITIES.— lishing job search groups; and by striking ‘‘subsection (c)’’ and inserting ‘‘(A) IN GENERAL.—Funds allocated to a ‘‘(B) facilitate the furnishing of employ- ‘‘section 121’’; local area under section 133(b)(2) may be used ment, training, supportive, and placement (bb) in subclause (I), by striking ‘‘section to provide, through the one-stop delivery services to veterans, including disabled and 122(e)’’ and inserting ‘‘section 122(d)’’ and by system— homeless veterans, in the local area. striking ‘‘section 122(h)’’ and inserting ‘‘sec- ‘‘(i) customized screening and referral of ‘‘(3) HIRING PREFERENCE FOR VETERANS AND tion 122(i)’’; and qualified participants in training services to INDIVIDUALS WITH EXPERTISE IN SERVING VET- (cc) in subclause (II), by striking ‘‘sub- employers; ERANS.—Subject to paragraph (8), a local sections (e) and (h)’’ and inserting ‘‘sub- ‘‘(ii) customized employment-related serv- board shall, to the maximum extent prac- sections (d) and (i)’’; and ices to employers on a fee-for-service basis; ticable, employ veterans or individuals with (II) by striking clause (iii) and inserting ‘‘(iii) customer supports, including trans- expertise in serving veterans to carry out the following: portation and child care, to navigate among the services described in paragraph (2) in the ‘‘(iii) CAREER ENHANCEMENT ACCOUNTS.—An multiple services and activities for special local area served by the local board. In hir- individual who seeks training services and participant populations that face multiple ing an individual to serve as a veteran em- who is eligible pursuant to subparagraph (A), barriers to employment, including individ- ployment specialist, a local board shall give may, in consultation with a case manager, uals with disabilities; preference to veterans and other individuals select an eligible provider of training serv- ‘‘(iv) employment and training assistance in the following order: ices from the list or identifying information provided in coordination with child support ‘‘(A) To service-connected disabled vet- for providers described in clause (ii)(I). Upon enforcement activities of the State agency erans. such selection, the one-stop operator in- carrying out subtitle D of title IV of the So- ‘‘(B) If no veteran described in subpara- volved shall, to the extent practicable, refer cial Security Act (42 U.S.C. 651 et seq.); graph (A) is available, to veterans. such individual to the eligible provider of ‘‘(v) incorporation of pay-for-performance ‘‘(C) If no veteran described in subpara- training services, and arrange for payment contract strategies as an element in funding graph (A) or (B) is available, to any member for such services through a career enhance- activities under this section; of the Armed Forces transitioning out of ment account. ‘‘(vi) activities to facilitate remote access military service. ‘‘(iv) COORDINATION.—Each local board to services provided through a one-stop de- ‘‘(D) If no veteran or member described in may, through one-stop centers, coordinate livery system, including facilitating access subparagraph (A), (B), or (C) is available, to career enhancement accounts with other through the use of technology; and any spouse of a veteran or a spouse of a Federal, State, local, or private job training ‘‘(vii) activities to carry out business serv- member of the Armed Forces transitioning programs or sources to assist the individual ices and strategies that meet the workforce out of military service. in obtaining training services from (notwith- investment needs of local area employers, as ‘‘(E) If no veteran or member described in standing any provision of this title) eligible determined by the local board, consistent subparagraph (A), (B), or (C) is available and providers for those programs and sources. with the local plan under section 118.’’; no spouse described in paragraph (D) is avail- ‘‘(v) ASSISTANCE.—Each local board may, (B) by striking paragraphs (2) and (3); and able, to any other individuals with expertise through one-stop centers, assist individuals (C) by adding at the end the following: in serving veterans. receiving career enhancement accounts in ‘‘(2) INCUMBENT WORKER TRAINING PRO- ‘‘(4) ADMINISTRATION AND REPORTING.— obtaining funds (in addition to the funds pro- GRAMS.— ‘‘(A) IN GENERAL.—Each veteran employ- vided under this section) from other pro- ‘‘(A) IN GENERAL.—The local board may use ment specialist shall be administratively re- grams and sources that will assist the indi- funds allocated to a local area under section sponsible to the one-stop operator of the one- vidual in obtaining training services.’’; and 133(b)(2) to carry out incumbent worker stop center in the local area and shall pro- (vi) in subparagraph (F) (as so redesig- training programs in accordance with this vide, at a minimum, quarterly reports to the nated)— paragraph. one-stop operator of such center and to the (I) in the subparagraph heading, by strik- ‘‘(B) TRAINING ACTIVITIES.—The training Assistant Secretary for Veterans’ Employ- ing ‘‘INDIVIDUAL TRAINING ACCOUNTS’’ and in- programs for incumbent workers under this ment and Training for the State on the spe- serting ‘‘CAREER ENHANCEMENT ACCOUNTS’’; paragraph shall be carried out by the local cialist’s performance, and compliance by the (II) in clause (i), by striking ‘‘individual area in conjunction with the employers of specialist with Federal law (including regu- training accounts’’ and inserting ‘‘career en- such workers for the purpose of assisting lations), with respect to the— hancement accounts’’; such workers in obtaining the skills nec- ‘‘(i) principal duties (including facilitating (III) in clause (ii)— essary to retain employment and avert lay- the furnishing of services) for veterans de- (aa) by striking ‘‘an individual training ac- offs. scribed in paragraph (2); and count’’ and inserting ‘‘a career enhancement ‘‘(C) EMPLOYER MATCH REQUIRED.— ‘‘(ii) hiring preferences described in para- account’’; ‘‘(i) IN GENERAL.—Employers participating graph (3) for veterans and other individuals. (bb) by striking ‘‘subparagraph (F)’’ and in- in programs under this paragraph shall be re- ‘‘(B) REPORT TO SECRETARY.—Each State serting ‘‘subparagraph (E)’’; quired to pay a proportion of the costs of shall submit to the Secretary an annual re- (cc) in subclause (II), by striking ‘‘indi- providing the training to the incumbent port on the qualifications used by each local vidual training accounts’’ and inserting ‘‘ca- workers of the employers. The local board board in the State in making hiring deter- reer enhancement accounts’’; shall establish the required payment toward minations for a veteran employment spe- (dd) in subclause (II), by striking ‘‘or’’ such costs, which may include in-kind con- cialist and the salary structure under which after the semicolon; tributions. such specialist is compensated.

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‘‘(C) REPORT TO CONGRESS.—The Secretary such participants prior to participation in (bb) by striking ‘‘or (v)’’; and shall submit to the Committee on Education such program. (ii) in subparagraph (B), by striking ‘‘para- and the Workforce and the Committee on ‘‘(IV) The percentage and number of pro- graph (2)(C)’’ and inserting ‘‘paragraph Veterans’ Affairs of the House of Representa- gram participants who obtain a recognized (2)(B)’’; tives and the Committee on Health, Edu- postsecondary credential (such as an indus- (2) in subsection (c)— cation, Labor, and Pensions and the Com- try-recognized credential or a certificate (A) by amending clause (i) of paragraph mittee on Veterans’ Affairs of the Senate an from a registered apprenticeship program), (1)(A) to read as follows: annual report summarizing the reports sub- or a regular secondary school diploma or its ‘‘(i) the core indicators of performance de- mitted under subparagraph (B), and includ- recognized equivalent (subject to clause (ii)), scribed in subsection (b)(2)(A) for activities ing summaries of outcomes achieved by par- during participation in or within 1 year after described in such subsection, other than ticipating veterans, disaggregated by local exit from the program. statewide workforce investment activities; areas. ‘‘(V) The percentage and number of pro- and’’; ‘‘(5) PART-TIME EMPLOYEES.—A part-time gram participants who, during a program (B) in clause (ii) of paragraph (1)(A), by veteran employment specialist shall perform year— striking ‘‘(b)(2)(C)’’ and inserting ‘‘(b)(2)(B)’’; the functions of a veteran employment spe- ‘‘(aa) are in an education or training pro- and cialist under this subsection on a halftime gram that leads to a recognized postsec- (C) by amending paragraph (3) to read as basis. ondary credential (such as an industry-rec- follows: ‘‘(6) TRAINING REQUIREMENTS.—Each vet- ognized credential or a certificate from a ‘‘(3) DETERMINATIONS.—In determining eran employment specialist described in registered apprenticeship program), a certifi- such local levels of performance, the local paragraph (2) shall satisfactorily complete cate from an on-the-job training program, a board, the chief elected official, and the Gov- training provided by the National Veterans’ regular secondary school diploma or its rec- ernor shall ensure such levels are adjusted Employment and Training Institute during ognized equivalent, or unsubsidized employ- based on the specific economic conditions the 3-year period that begins on the date on ment; and (such as unemployment rates and job losses which the employee is so assigned. ‘‘(bb) are achieving measurable basic skill or gains in particular industries), or demo- ‘‘(7) SPECIALIST’S DUTIES.—A full-time vet- gains toward such a credential, certificate, graphic characteristics or other characteris- eran employment specialist shall perform diploma, or employment. tics of the population to be served, in the only duties related to employment, training, ‘‘(VI) The percentage and number of pro- local area.’’; supportive, and placement services under gram participants who obtain unsubsidized (3) in subsection (d)— this subsection, and shall not perform other employment in the field relating to the (A) in paragraph (1)— non-veteran-related duties if such duties de- training services described in section (i) by striking ‘‘127 or’’; tract from the specialist’s ability to perform 134(c)(4) that such participants received. (ii) by striking ‘‘and the customer satisfac- the specialist’s duties related to employ- ‘‘(ii) INDICATOR RELATING TO CREDENTIAL.— tion indicator’’ each place it appears; and ment, training, supportive, and placement For purposes of clause (i)(IV), program par- (iii) in the last sentence, by inserting be- services under this subsection. ticipants who obtain a regular secondary fore the period the following: ‘‘, and on the school diploma or its recognized equivalent amount and percentage of the State’s annual ‘‘(8) STATE OPTION.—At the request of a local board, a State may opt to assume the shall be included in the percentage counted allotment under section 132 the State spends as meeting the criterion under such clause on administrative costs and on the amount duties assigned to the local board under only if such participants (in addition to ob- and percentage of its annual allocation paragraphs (1) and (3), including the hiring taining such diploma or its recognized equiv- under section 133 each local area in the State and employment of one or more veteran em- alent), within 1 year after exit from the pro- spends on administrative costs’’; ployment specialists for placement in the gram, have obtained or retained employ- (B) in paragraph (2)— local area served by the local board.’’. ment, have been removed from public assist- (i) by striking subparagraphs (A), (B), and SEC. ll23. PERFORMANCE ACCOUNTABILITY ance, or have begun an education or training (D); SYSTEM. program leading to a recognized postsec- (ii) by redesignating subparagraph (C) as Section 136 (29 U.S.C. 2871) is amended— ondary credential. subparagraph (A); (1) in subsection (b)— ‘‘(B) ADDITIONAL INDICATORS.—A State may (iii) by redesignating subparagraph (E) as (A) by amending paragraphs (1) and (2) to identify in the State plan additional indica- subparagraph (B); read as follows: tors for workforce investment activities au- (iv) in subparagraph (B), as so redesig- ‘‘(1) IN GENERAL.—For each State, the thorized under this subtitle.’’; and nated— State performance measures shall consist (B) in paragraph (3)— (I) by striking ‘‘(excluding participants of— (i) in subparagraph (A)— who received only self-service and informa- ‘‘(A)(i) the core indicators of performance (I) in the heading, by striking ‘‘AND CUS- tional activities)’’; and described in paragraph (2)(A); and TOMER SATISFACTION INDICATOR’’; (II) by striking ‘‘and’’ at the end; ‘‘(ii) additional indicators of performance (II) in clause (i), by striking ‘‘and the cus- (v) by striking subparagraph (F); and (if any) identified by the State under para- tomer satisfaction indicator described in (vi) by adding at the end the following: graph (2)(B); and paragraph (2)(B)’’; ‘‘(C) with respect to each local area in the ‘‘(B) a State adjusted level of performance (III) in clause (ii), by striking ‘‘and the State— for each indicator described in subparagraph customer satisfaction indicator of perform- ‘‘(i) the number of individuals who received (A). ance, for the first 3’’ and inserting ‘‘, for all work ready services described in section ‘‘(2) INDICATORS OF PERFORMANCE.— 3’’; 134(c)(2) and the number of individuals who ‘‘(A) CORE INDICATORS OF PERFORMANCE.— (IV) in clause (iii)— received training services described in sec- ‘‘(i) IN GENERAL.—The core indicators of (aa) in the heading, by striking ‘‘FOR FIRST tion 134(c)(4), during the most recent pro- performance for the program of employment 3 YEARS’’; and gram year and fiscal year, and the preceding and training activities authorized under sec- (bb) by striking ‘‘and the customer satis- 5 program years, disaggregated (for individ- tions 132(a)(2) and 134, the program of adult faction indicator of performance, for the uals who received work ready services) by education and family literacy education ac- first 3 program years’’ and inserting ‘‘for all the type of entity that provided the work tivities authorized under title II, and the 3 program years’’; ready services and disaggregated (for indi- program authorized under title I of the Re- (V) in clause (iv)— viduals who received training services) by habilitation Act of 1973 (29 U.S.C. 720 et seq.), (aa) by striking ‘‘or (v)’’; the type of entity that provided the training other than section 112 or part C of that title (bb) by striking subclause (I) and redesig- services, and the amount of funds spent on (29 U.S.C. 732, 741), shall consist of the fol- nating subclauses (II) and (III) as subclauses each of the 2 types of services during the lowing indicators of performance (with per- (I) and (II), respectively; and most recent program year and fiscal year, formance determined in the aggregate and as (cc) in subclause (I) (as so redesignated)— and the preceding 5 fiscal years; disaggregated by the populations identified (AA) by inserting ‘‘, such as unemployment ‘‘(ii) the number of individuals who suc- in the State and local plan in each case): rates and job losses or gains in particular in- cessfully exited out of work ready services ‘‘(I) The percentage and number of pro- dustries’’ after ‘‘economic conditions’’; and described in section 134(c)(2) and the number gram participants who are in unsubsidized (BB) by inserting ‘‘, such as indicators of of individuals who exited out of training employment during the second full calendar poor work experience, dislocation from high- services described in section 134(c)(4), during quarter after exit from the program. wage employment, low levels of literacy or the most recent program year and fiscal ‘‘(II) The percentage and number of pro- English proficiency, disability status (in- year, and the preceding 5 program years, gram participants who are in unsubsidized cluding disability status among veterans), disaggregated (for individuals who received employment during the fourth full calendar and welfare dependency,’’ after ‘‘program’’; work ready services) by the type of entity quarter after exit from the program. (VI) by striking clause (v) and redesig- that provided the work ready services and ‘‘(III) The difference in the median earn- nating clause (vi) as clause (v); and disaggregated (for individuals who received ings of program participants who are in un- (VII) in clause (v) (as so redesignated)— training services) by the type of entity that subsidized employment during the second (aa) by striking ‘‘described in clause provided the training services; and full calendar quarter after exit from the pro- (iv)(II)’’ and inserting ‘‘described in clause ‘‘(iii) the average cost per participant of gram, compared to the median earnings of (iv)(I)’’; and those individuals who received work ready

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S1999 services described in section 134(c)(2) and the nization plan, appeal to the Governor to re- (1) in paragraph (2)— average cost per participant of those individ- scind or revise such plan’’ and inserting (A) in the paragraph heading, by striking uals who received training services described ‘‘corrective action under subparagraph (A) or ‘‘APPLICABLE ONE-STOP’’ and inserting ‘‘ONE- in section 134(c)(4), during the most recent (B) may, not later than 30 days after receiv- STOP’’; program year and fiscal year, and the pre- ing notice of the action, appeal to the Gov- (B) by striking ‘‘applicable’’; ceding 5 program years, disaggregated (for ernor to rescind or revise such action’’; and (C) by striking ‘‘customer service’’; and individuals who received work ready serv- (v) in subparagraph (D) (as so redesig- (D) by striking ‘‘intake’’ and inserting ‘‘as- ices) by the type of entity that provided the nated), by striking ‘‘subparagraph (B)’’ each sessment’’; work ready services and disaggregated (for place it appears and inserting ‘‘subparagraph (2) in paragraph (4), by striking ‘‘before individuals who received training services) (C)’’; completing the requirements’’ and all that by the type of entity that provided the train- (6) in subsection (i)— follows and inserting ‘‘prior to becoming a ing services; and (A) in paragraph (1)— graduate.’’; and ‘‘(D) the amount of funds spent on training (i) in subparagraph (B), by striking ‘‘sub- (3) in paragraph (5), by striking ‘‘has com- services and discretionary activities de- section (b)(2)(C)’’ and inserting ‘‘subsection pleted the requirements’’ and all that follows scribed in section 134(d), disaggregated by (b)(2)(B)’’; and and inserting the following: ‘‘who, as a result the populations identified under section (ii) in subparagraph (C), by striking of participation in the Job Corps program, 112(b)(16)(A)(iv) and section 118(b)(10).’’; ‘‘(b)(3)(A)(vi)’’ and inserting ‘‘(b)(3)(A)(v)’’; has received a regular secondary school di- (C) in paragraph (3)(A), by striking (B) in paragraph (2), by striking ‘‘the ac- ploma, completed the requirements of a ca- ‘‘through publication’’ and inserting tivities described in section 502 concerning’’; reer and technical education and training ‘‘through electronic means’’; and and program, or received, or is making satisfac- (D) by adding at the end the following: (C) in paragraph (3), by striking ‘‘described tory progress (as defined under section 484(c) ‘‘(4) DATA VALIDATION.—In preparing the in paragraph (1) and in the activities de- of the Higher Education Act of 1965 (20 U.S.C. reports described in this subsection, each scribed in section 502’’ and inserting ‘‘and ac- 1091(c))) toward receiving, a recognized post- State shall establish procedures, consistent tivities described in this subsection’’; and secondary credential (including an industry- with guidelines issued by the Secretary, to (7) by adding at the end the following new recognized credential) that prepares individ- ensure the information contained in the re- subsections: uals for employment leading to economic ports is valid and reliable. ‘‘(j) USE OF CORE INDICATORS FOR OTHER self-sufficiency.’’. ‘‘(5) STATE AND LOCAL POLICIES.— PROGRAMS.—Consistent with the require- SEC. ll28. INDIVIDUALS ELIGIBLE FOR THE JOB ‘‘(A) STATE POLICIES.—Each State that re- ments of the applicable authorizing laws, the CORPS. ceives an allotment under section 132 shall Secretary shall use the core indicators of Section 144 (29 U.S.C. 2884) is amended— maintain a central repository of policies re- performance described in subsection (b)(2)(A) lated to access, eligibility, availability of (1) by amending paragraph (1) to read as to assess the effectiveness of the programs follows: services, and other matters, and plans ap- described in section 121(b)(1)(B) (in addition proved by the State board and make such re- ‘‘(1) not less than age 16 and not more than to the programs carried out under chapter 5) age 24 on the date of enrollment;’’; pository available to the public, including by that are carried out by the Secretary. electronic means. (2) in paragraph (3)(B), by inserting ‘‘sec- ‘‘(k) ESTABLISHING PAY-FOR-PERFORMANCE ‘‘(B) LOCAL POLICIES.—Each local area that ondary’’ before ‘‘school’’; and INCENTIVES.— receives an allotment under section 133 shall (3) in paragraph (3)(E), by striking ‘‘voca- ‘‘(1) IN GENERAL.—At the discretion of the maintain a central repository of policies re- tional’’ and inserting ‘‘career and technical Governor of a State, a State may establish lated to access, eligibility, availability of education and’’. an incentive system for local boards to im- services, and other matters, and plans ap- SEC. ll29. RECRUITMENT, SCREENING, SELEC- plement pay-for-performance contract strat- proved by the local board and make such re- TION, AND ASSIGNMENT OF ENROLL- egies for the delivery of employment and pository available to the public, including by EES. training activities in the local areas served electronic means.’’; Section 145 (29 U.S.C. 2885) is amended— by the local boards. (4) in subsection (g)— (1) in subsection (a)— MPLEMENTATION.—A State that estab- (A) in paragraph (1)— ‘‘(2) I (A) in paragraph (2)(C)(i) by striking ‘‘vo- (i) in subparagraph (A), by striking ‘‘or lishes a pay-for-performance incentive sys- cational’’ and inserting ‘‘career and tech- (B)’’; and tem shall reserve not more than 10 percent of nical education and training’’; and (ii) in subparagraph (B), by striking ‘‘may the total amount allotted to the State under (B) in paragraph (3)— reduce by not more than 5 percent,’’ and in- section 132(b)(2) for a fiscal year to provide (i) by striking ‘‘To the extent practicable, serting ‘‘shall reduce’’; and funds to local areas in the State whose local the’’ and inserting ‘‘The’’; (B) by striking paragraph (2) and inserting boards have implemented a pay-for-perform- (ii) in subparagraph (A)— the following: ance contract strategy. (I) by striking ‘‘applicable’’; and ‘‘(2) FUNDS RESULTING FROM REDUCED AL- ‘‘(3) EVALUATIONS.—A State described in (II) by inserting ‘‘and’’ after the semicolon; LOTMENTS.—The Secretary shall return to paragraph (2) shall use funds reserved by the (iii) by striking subparagraphs (B) and (C); the Treasury the amount retained, as a re- State under section 133(a)(1) to evaluate the and sult of a reduction in an allotment to a State return on investment of pay-for-performance (iv) by adding at the end the following: made under paragraph (1)(B).’’; contract strategies implemented by local ‘‘(B) organizations that have a dem- (5) in subsection (h)— boards in the State.’’. onstrated record of effectiveness in placing (A) in paragraph (1), by striking ‘‘or (B)’’; SEC. ll24. AUTHORIZATION OF APPROPRIA- at-risk youth into employment.’’; and TIONS. (2) in subsection (b)— (B) in paragraph (2)— Section 137 (29 U.S.C. 2872) is amended to (A) in paragraph (1)— (i) in subparagraph (A), by amending the read as follows: (i) in subparagraph (B), by inserting ‘‘and matter preceding clause (i) to read as fol- ‘‘SEC. 137. AUTHORIZATION OF APPROPRIATIONS. agrees to such rules’’ after ‘‘failure to ob- lows: ‘‘There are authorized to be appropriated serve the rules’’; and ‘‘(A) IN GENERAL.—If such failure continues to carry out the activities described in sec- (ii) by amending subparagraph (C) to read for a second consecutive year, the Governor tion 132, $6,245,318,000 for fiscal year 2015 and as follows: shall take corrective actions, including the each of the 6 succeeding fiscal years.’’. ‘‘(C) the individual has passed a back- development of a reorganization plan. Such CHAPTER 3—JOB CORPS ground check conducted in accordance with plan shall—’’; procedures established by the Secretary, (ii) by redesignating subparagraphs (B) and SEC. ll26. JOB CORPS PURPOSES. which shall include— (C) as subparagraphs (C) and (D), respec- Paragraph (1) of section 141 (29 U.S.C. ‘‘(i) a search of the State criminal registry tively; 2881(1)) is amended to read as follows: or repository in the State where the indi- (iii) by inserting after subparagraph (A), ‘‘(1) to maintain a national Job Corps pro- vidual resides and each State where the indi- the following: gram for at-risk youth, carried out in part- vidual previously resided; ‘‘(B) REDUCTION IN THE AMOUNT OF GRANT.— nership with States and communities, to as- ‘‘(ii) a search of State-based child abuse If such failure continues for a third consecu- sist eligible youth to connect to the work- and neglect registries and databases in the tive year, the Governor shall reduce the force by providing them with intensive aca- State where the individual resides and each amount of the grant that would (in the ab- demic, career and technical education, and State where the individual previously re- sence of this subparagraph) be payable to the service-learning opportunities, in residential sided; local area under such program for the pro- and nonresidential centers, in order for such ‘‘(iii) a search of the National Crime Infor- gram year after such third consecutive year. youth to obtain regular secondary school di- mation Center; Such penalty shall be based on the degree of plomas and recognized postsecondary creden- ‘‘(iv) a Federal Bureau of Investigation fin- failure to meet local levels of performance.’’; tials leading to successful careers in in-de- gerprint check using the Integrated Auto- (iv) in subparagraph (C)(i) (as so redesig- mand industries that will result in opportu- mated Fingerprint Identification System; nated), by striking ‘‘a reorganization plan nities for advancement;’’. and under subparagraph (A) may, not later than SEC. ll27. JOB CORPS DEFINITIONS. ‘‘(v) a search of the National Sex Offender 30 days after receiving notice of the reorga- Section 142 (29 U.S.C. 2882) is amended— Registry established under the Adam Walsh

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2000 CONGRESSIONAL RECORD — SENATE April 1, 2014 Child Protection and Safety Act of 2006 (42 ‘‘(II) the ability of the entity to offer ca- rounding communities in an effort to pro- U.S.C. 16901 et seq.).’’; and reer and technical education and training mote a comprehensive statewide workforce (B) by adding at the end the following new that the workforce council proposes under investment system; paragraph: section 154(c);’’; ‘‘(5) a description of the strong fiscal con- ‘‘(3) INDIVIDUALS CONVICTED OF A CRIME.— (II) in subclause (III), by striking ‘‘is famil- trols the entity has in place to ensure proper An individual shall be ineligible for enroll- iar with the surrounding communities, appli- accounting of Federal funds, and a descrip- ment if the individual— cable’’ and inserting ‘‘demonstrates relation- tion of how the entity will meet the require- ‘‘(A) makes a false statement in connec- ships with the surrounding communities, ments of section 159(a); tion with the criminal background check de- employers, workforce boards,’’ and by strik- ‘‘(6) a description of the strategies and scribed in paragraph (1)(C); ing ‘‘and’’ at the end; policies the entity will utilize to reduce par- ‘‘(B) is registered or is required to be reg- (III) by amending subclause (IV) to read as ticipant costs; istered on a State sex offender registry or follows: ‘‘(7) a description of the steps taken to con- the National Sex Offender Registry estab- ‘‘(IV) the performance of the entity, if any, trol costs in accordance with section lished under the Adam Walsh Child Protec- relating to operating or providing activities 159(a)(3); tion and Safety Act of 2006 (42 U.S.C. 16901 et described in this subtitle to a Job Corps cen- ‘‘(8) a detailed budget of the activities that seq.); or ter, including the entity’s demonstrated ef- will be supported using funds under this sub- ‘‘(C) has been convicted of a felony con- fectiveness in assisting individuals in achiev- title; sisting of— ing the primary and secondary indicators of ‘‘(9) a detailed budget of the activities that ‘‘(i) homicide; performance described in paragraphs (1) and will be supported using funds from non-Fed- ‘‘(ii) child abuse or neglect; (2) of section 159(c); and’’; and eral resources; ‘‘(iii) a crime against children, including (IV) by adding at the end the following new ‘‘(10) an assurance the entity will comply child pornography; subclause: with the administrative cost limitation in- ‘‘(iv) a crime involving rape or sexual as- ‘‘(V) the ability of the entity to dem- cluded in section 151(c); sault; or onstrate a record of successfully assisting at- ‘‘(11) an assurance the entity is licensed to ‘‘(v) physical assault, battery, or a drug-re- risk youth to connect to the workforce, in- operate in the State in which the center is lated offense, committed within the past 5 cluding by providing them with intensive located; and years.’’; academic, and career and technical edu- ‘‘(12) an assurance the entity will comply (3) in subsection (c)— cation and training.’’; and with and meet basic health and safety codes, (A) in paragraph (1)— (iii) in subparagraph (B)(ii)— including those measures described in sec- (i) by striking ‘‘2 years’’ and inserting (I) by striking ‘‘, as appropriate’’; and tion 152(b). ‘‘year’’; and (II) by striking ‘‘through (IV)’’ and insert- ‘‘(e) LENGTH OF AGREEMENT.—The agree- (ii) by striking ‘‘an assignment’’ and in- ing ‘‘through (V)’’; ment described in subsection (a)(1)(A) shall serting ‘‘a’’; and (2) in subsection (b), by striking ‘‘In any be for not longer than a 2-year period. The (B) in paragraph (2)— year, no more than 20 percent of the individ- Secretary may renew the agreement for 3 1- (i) in the matter preceding subparagraph uals enrolled in the Job Corps may be non- year periods if the entity meets the require- (A), by striking ‘‘, every 2 years,’’; residential participants in the Job Corps.’’; ments of subsection (f). ‘‘(f) RENEWAL.— (ii) in subparagraph (B), by striking ‘‘and’’ (3) by amending subsection (c) to read as ‘‘(1) IN GENERAL.—Subject to paragraph (2), at the end; follows: ‘‘(c) CIVILIAN CONSERVATION CENTERS.— the Secretary may renew the terms of an (iii) in subparagraph (C)— ‘‘(1) IN GENERAL.—The Job Corps centers agreement described in subsection (a)(1)(A) (I) by inserting ‘‘the education and train- may include Civilian Conservation Centers, for an entity to operate a Job Corps center if ing’’ after ‘‘including’’; and operated under an agreement between the the center meets or exceeds each of the indi- (II) by striking the period at the end and Secretary of Labor and the Secretary of Ag- cators of performance described in section inserting ‘‘; and’’; and riculture, that are located primarily in rural 159(c)(1). (iv) by adding at the end the following: areas. Such centers shall adhere to all the ‘‘(2) RECOMPETITION.— ‘‘(D) the performance of the Job Corps cen- provisions of this subtitle, and shall provide, ‘‘(A) IN GENERAL.—Notwithstanding para- ter relating to the indicators described in in addition to education, career and tech- graph (1), the Secretary shall not renew the paragraphs (1) and (2) in section 159(c), and nical education and training, and workforce terms of the agreement for an entity to oper- whether any actions have been taken with preparation skills training described in sec- ate a Job Corps center if such center is respect to such center pursuant to section tion 148, programs of work experience to con- ranked in the bottom quintile of centers de- 159(f).’’; and serve, develop, or manage public natural re- scribed in section 159(f)(2) for any program (4) in subsection (d)— sources or public recreational areas or to de- year. Such entity may submit a new applica- (A) in paragraph (1)— velop community projects in the public in- tion under subsection (d) only if such center (i) in the matter preceding subparagraph terest. has shown significant improvement on the (A), by striking ‘‘is closest to the home of ‘‘(2) SELECTION PROCESS.—The Secretary indicators of performance described in sec- the enrollee, except that the’’ and inserting shall select an entity that submits an appli- tion 159(c)(1) over the last program year. ‘‘offers the type of career and technical education under subsection (d) to operate a Ci- ‘‘(B) VIOLATIONS.—The Secretary shall not cation and training selected by the indi- vilian Conservation Center on a competitive select an entity to operate a Job Corps cen- vidual and, among the centers that offer basis, as provided in subsection (a).’’; and ter if such entity or such center has been such education and training, is closest to the (4) by striking subsection (d) and inserting found to have a systemic or substantial ma- home of the individual. The’’; the following: terial failure that involves— (ii) by striking subparagraph (A); and ‘‘(d) APPLICATION.—To be eligible to oper- ‘‘(i) a threat to the health, safety, or civil (iii) by redesignating subparagraphs (B) ate a Job Corps center under this subtitle, an rights of program participants or staff; and (C) as subparagraphs (A) and (B), respec- entity shall submit an application to the ‘‘(ii) the misuse of funds received under tively; and Secretary at such time, in such manner, and this subtitle; (B) in paragraph (2), by inserting ‘‘that of- containing such information as the Sec- ‘‘(iii) loss of legal status or financial via- fers the career and technical education and retary may require, including— bility, loss of permits, debarment from retraining desired by’’ after ‘‘home of the en- ‘‘(1) a description of the program activities ceiving Federal grants or contracts, or the rollee’’. that will be offered at the center, including improper use of Federal funds; SEC. ll30. JOB CORPS CENTERS. how the career and technical education and ‘‘(iv) failure to meet any other Federal or Section 147 (29 U.S.C. 2887) is amended— training reflect State and local employment State requirement that the entity has shown (1) in subsection (a)— opportunities, including in in-demand indus- an unwillingness or inability to correct, (A) in paragraph (1)(A), by striking ‘‘voca- tries; after notice from the Secretary, within the tional’’ both places it appears and inserting ‘‘(2) a description of the counseling, place- period specified; or ‘‘career and technical’’; and ment, and support activities that will be of- ‘‘(v) an unresolved area of noncompliance. (B) in paragraph (2)— fered at the center, including a description of ‘‘(g) CURRENT GRANTEES.—Not later than 60 (i) in subparagraph (A)— the strategies and procedures the entity will days after the date of enactment of the (I) by striking ‘‘subsections (c) and (d) of use to place graduates into unsubsidized em- SKILLS Act and notwithstanding any pre- section 303 of the Federal Property and Ad- ployment upon completion of the program; vious grant award or renewals of such award ministrative Services Act of 1949 (41 U.S.C. ‘‘(3) a description of the demonstrated under this subtitle, the Secretary shall re- 253)’’ and inserting ‘‘subsections (a) and (b) record of effectiveness that the entity has in quire all entities operating a Job Corps cen- of section 3304 of title 41, United States placing at-risk youth into employment, inter under this subtitle to submit an applica- Code’’; and cluding past performance of operating a Job tion under subsection (d) to carry out the re- (II) by striking ‘‘industry council’’ and in- Corps center under this subtitle; quirements of this section.’’. serting ‘‘workforce council’’; ‘‘(4) a description of the relationships that SEC. ll31. PROGRAM ACTIVITIES. (ii) in subparagraph (B)(i)— the entity has developed with State and Section 148 (29 U.S.C. 2888) is amended— (I) by amending subclause (II) to read as local workforce boards, employers, State and (1) by amending subsection (a) to read as follows: local educational agencies, and the sur- follows:

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‘‘(a) ACTIVITIES PROVIDED THROUGH JOB (3) by striking subsection (b) and redesig- as the Secretary considers appropriate, tech- CORPS CENTERS.— nating subsection (c) as subsection (b); nical assistance and training for the Job ‘‘(1) IN GENERAL.—Each Job Corps center (4) by amending subsection (b) (as so redes- Corps program for the purposes of improving shall provide enrollees with an intensive, ignated)— program quality. well-organized, and supervised program of (A) in the heading by inserting ‘‘OF OPER- ‘‘(b) ACTIVITIES.—In providing training and education, career and technical education ATING PLAN’’ after ‘‘AVAILABILITY’’; and technical assistance and for allocating re- and training, work experience, recreational (B) by striking ‘‘subsections (a) and (b)’’ sources for such assistance, the Secretary activities, physical rehabilitation and devel- and inserting ‘‘subsection (a)’’; and shall— opment, and counseling. Each Job Corps cen- (5) by adding at the end the following new ‘‘(1) assist entities, including those entities ter shall provide enrollees assigned to the subsection: not currently operating a Job Corps center, center with access to work ready services de- ‘‘(c) ADMINISTRATIVE COSTS.—Not more in developing the application described in scribed in section 134(c)(2). than 10 percent of the funds allotted under section 147(d); ‘‘(2) RELATIONSHIP TO OPPORTUNITIES.— section 147 to an entity selected to operate a ‘‘(2) assist Job Corps centers and programs ‘‘(A) IN GENERAL.—The activities provided Job Corps center may be used by the entity in correcting deficiencies and violations under this subsection shall be targeted to for administrative costs under this sub- under this subtitle; helping enrollees, on completion of their en- title.’’. ‘‘(3) assist Job Corps centers and programs rollment— SEC. ll35. COMMUNITY PARTICIPATION. in meeting or exceeding the indicators of ‘‘(i) secure and maintain meaningful un- Section 153 (29 U.S.C. 2893) is amended to performance described in paragraphs (1) and subsidized employment; read as follows: (2) of section 159(c); and ‘‘(ii) complete secondary education and ob- ‘‘SEC. 153. COMMUNITY PARTICIPATION. ‘‘(4) assist Job Corps centers and programs tain a regular secondary school diploma; ‘‘The director of each Job Corps center in the development of sound management ‘‘(iii) enroll in and complete postsecondary shall encourage and cooperate in activities practices, including financial management education or training programs, including to establish a mutually beneficial relation- procedures.’’. obtaining recognized postsecondary creden- ship between Job Corps centers in the State SEC. ll38. SPECIAL PROVISIONS. tials (such as industry-recognized creden- and nearby communities. Such activities Section 158(c)(1) (29 U.S.C. 2989(c)(1)) is tials and certificates from registered appren- may include the use of any local workforce amended by striking ‘‘title II of the Federal ticeship programs); or development boards established under sec- Property and Administrative Services Act of ‘‘(iv) satisfy Armed Forces requirements. tion 117 to provide a mechanism for joint dis- 1949 (40 U.S.C. 481 et seq.)’’ and inserting ‘‘(B) LINK TO EMPLOYMENT OPPORTUNITIES.— cussion of common problems and for plan- ‘‘chapter 5 of title 40, United States Code,’’. The career and technical education and ning programs of mutual interest.’’. SEC. ll39. PERFORMANCE ACCOUNTABILITY training provided shall be linked to the em- SEC. ll36. WORKFORCE COUNCILS. MANAGEMENT. ployment opportunities in in-demand indus- Section 159 (29 U.S.C. 2899) is amended— tries in the State in which the Job Corps Section 154 (29 U.S.C. 2894) is amended to read as follows: (1) in the section heading, by striking center is located.’’; ‘‘MANAGEMENT INFORMATION’’ and inserting ‘‘SEC. 154. WORKFORCE COUNCILS. (2) in subsection (b)— ‘‘PERFORMANCE ACCOUNTABILITY AND MANAGE- ‘‘(a) IN GENERAL.—Each Job Corps center (A) in the subsection heading, by striking MENT’’; ‘‘EDUCATION AND VOCATIONAL’’ and inserting shall have a workforce council appointed by (2) in subsection (a)(3), by inserting before ‘‘ACADEMIC AND CAREER AND TECHNICAL EDU- the Governor of the State in which the Job the period at the end the following: ‘‘, or op- CATION AND’’; Corps center is located. erating costs for such centers result in a ‘‘(b) WORKFORCE COUNCIL COMPOSITION.— (B) by striking ‘‘may’’ after ‘‘The Sec- budgetary shortfall’’; ‘‘(1) IN GENERAL.—A workforce council retary’’ and inserting ‘‘shall’’; and (3) by striking subsections (c) through (g); shall be comprised of— (C) by striking ‘‘vocational’’ each place it and ‘‘(A) business members of the State board appears and inserting ‘‘career and tech- (4) by inserting after subsection (b) the fol- described in section 111(b)(1)(B)(i); nical’’; and lowing: ‘‘(B) business members of the local boards (3) by amending paragraph (3) of subsection ‘‘(c) INDICATORS OF PERFORMANCE.— described in section 117(b)(2)(A) located in (c) to read as follows: ‘‘(1) PRIMARY INDICATORS.—The annual pri- ‘‘(3) DEMONSTRATION.—Each year, any oper- the State; mary indicators of performance for Job ator seeking to enroll additional enrollees in ‘‘(C) a representative of the State board de- Corps centers shall include— an advanced career training program shall scribed in section 111(f); and ‘‘(A) the percentage and number of enroll- demonstrate, before the operator may carry ‘‘(D) such other representatives and State ees who graduate from the Job Corps center; out such additional enrollment, that— agency officials as the Governor may des- ‘‘(B) the percentage and number of grad- ‘‘(A) participants in such program have ignate. uates who entered unsubsidized employment AJORITY.—A 2⁄3 majority of the mem- achieved a satisfactory rate of completion ‘‘(2) M related to the career and technical education bers of the workforce council shall be rep- and placement in training-related jobs; and and training received through the Job Corps resentatives described in paragraph (1)(A). ‘‘(B) such operator has met or exceeded the center, except that such calculation shall ‘‘(c) RESPONSIBILITIES.—The responsibil- indicators of performance described in para- not include enrollment in education, the ities of the workforce council shall be— graphs (1) and (2) of section 159(c) for the pre- military, or volunteer service; ‘‘(1) to review all the relevant labor mar- vious year.’’. ‘‘(C) the percentage and number of grad- ket information, including related informa- SEC. ll32. COUNSELING AND JOB PLACEMENT. uates who obtained a recognized postsec- tion in the State plan described in section Section 149 (29 U.S.C. 2889) is amended— ondary credential, including an industry-rec- 112, to— (1) in subsection (a), by striking ‘‘voca- ognized credential or a certificate from a ‘‘(A) determine the in-demand industries in tional’’ and inserting ‘‘career and technical registered apprenticeship program; and the State in which enrollees intend to seek education and’’; ‘‘(D) the cost per successful performance employment after graduation; (2) in subsection (b)— outcome, which is calculated by comparing ‘‘(B) determine the skills and education (A) by striking ‘‘make every effort to ar- the number of graduates who were placed in that are necessary to obtain the employment range to’’; and unsubsidized employment or obtained a rec- opportunities described in subparagraph (A); (B) by striking ‘‘to assist’’ and inserting ognized postsecondary credential, including and ‘‘assist’’; and an industry-recognized credential, to total ‘‘(C) determine the type or types of career (3) by striking subsection (d). program costs, including all operations, con- and technical education and training that SEC. ll33. SUPPORT. struction, and administration costs at each will be implemented at the center to enable Subsection (b) of section 150 (29 U.S.C. 2890) Job Corps center. the enrollees to obtain the employment op- is amended to read as follows: ‘‘(2) SECONDARY INDICATORS.—The annual portunities; and ‘‘(b) TRANSITION ALLOWANCES AND SUPPORT secondary indicators of performance for Job ‘‘(2) to meet at least once a year to re- FOR GRADUATES.—The Secretary shall ar- Corps centers shall include— evaluate the labor market information, and range for a transition allowance to be paid to ‘‘(A) the percentage and number of grad- other relevant information, to determine graduates. The transition allowance shall be uates who entered unsubsidized employment any necessary changes in the career and incentive-based to reflect a graduate’s com- not related to the career and technical edu- technical education and training provided at pletion of academic, career and technical cation and training received through the Job the center.’’. education or training, and attainment of a Corps center; recognized postsecondary credential, includ- SEC. ll37. TECHNICAL ASSISTANCE. ‘‘(B) the percentage and number of grad- ing an industry-recognized credential.’’. Section 156 (29 U.S.C. 2896) is amended to uates who entered into postsecondary edu- SEC. ll34. OPERATIONS. read as follows: cation; Section 151 (29 U.S.C. 2891) is amended— ‘‘SEC. 156. TECHNICAL ASSISTANCE TO CENTERS. ‘‘(C) the percentage and number of grad- (1) in the header, by striking ‘‘OPERATING ‘‘(a) IN GENERAL.—From the funds reserved uates who entered into the military; PLAN.’’ and inserting ‘‘OPERATIONS.’’; under section 132(a)(3), the Secretary shall ‘‘(D) the average wage of graduates who (2) in subsection (a), by striking ‘‘IN GEN- provide, directly or through grants, con- are in unsubsidized employment— ERAL.—’’ and inserting ‘‘OPERATING PLAN.—’’; tracts, or other agreements or arrangements ‘‘(i) on the first day of employment; and

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2002 CONGRESSIONAL RECORD — SENATE April 1, 2014 ‘‘(ii) 6 months after the first day; indicators established under such para- (5) in subsection (b) (as so redesignated)— ‘‘(E) the number and percentage of grad- graphs; and (A) by striking ‘‘paragraph (1)’’ and insert- uates who entered unsubsidized employment ‘‘(E) a comparison of each service provider, ing ‘‘subsection (a)’’; and were retained in the unsubsidized em- by rank, on the performance of all service (B) by striking ‘‘, or recipient of financial ployment— providers described in paragraphs (3) and (4) assistance under any of sections 166 through ‘‘(i) 6 months after the first day of employ- of subsection (c) on the performance indica- 169,’’; and ment; and tors established under such paragraphs. (C) by striking ‘‘or grant recipient’’; ‘‘(ii) 12 months after the first day of em- ‘‘(2) ASSESSMENT.—The Secretary shall (6) in subsection (c) (as so redesignated), by ployment; conduct an annual assessment of the per- striking ‘‘paragraph (1)’’ and inserting ‘‘sub- ‘‘(F) the percentage and number of enroll- formance of each Job Corps center which section (a)’’; and ees compared to the percentage and number shall include information on the Job Corps (7) by inserting, after subsection (c) (as so of enrollees the Secretary has established as centers that— redesignated), the following: targets in section 145(c)(1); ‘‘(A) are ranked in the bottom 10 percent ‘‘(d) BEST PRACTICES COORDINATION.—The ‘‘(G) the cost per training slot, which is on the performance indicator described in Secretary shall— calculated by comparing the program’s max- paragraph (1)(C); or ‘‘(1) establish a system through which imum number of enrollees that can be en- ‘‘(B) have failed a safety and health code States may share information regarding best rolled in a Job Corps center at any given review described in subsection (g). practices with regard to the operation of time during the program year to the number ‘‘(3) PERFORMANCE IMPROVEMENT.—With re- workforce investment activities under this of enrollees in the same program year; and spect to a Job Corps center that is identified Act; and ‘‘(H) the number and percentage of former under paragraph (2) or reports less than 50 ‘‘(2) evaluate and disseminate information enrollees, including the number dismissed percent on the performance indicators de- regarding best practices and identify knowl- under the zero tolerance policy described in scribed in subparagraph (A), (B), or (C) of edge gaps.’’. section 152(b). subsection (c)(1), the Secretary shall develop SEC. ll42. EVALUATIONS. ‘‘(3) INDICATORS OF PERFORMANCE FOR RE- and implement a 1 year performance im- Section 172 (29 U.S.C. 2917) is amended— CRUITERS.—The annual indicators of per- provement plan. Such a plan shall require (1) in subsection (a), by striking ‘‘the Sec- formance for recruiters shall include the action including— retary shall provide for the continuing eval- measurements described in subparagraph (A) ‘‘(A) providing technical assistance to the uation of the programs and activities, in- of paragraph (1) and subparagraphs (F), (G), center; cluding those programs and activities car- and (H) of paragraph (2). ‘‘(B) changing the management staff of the ried out under section 171’’ and inserting ‘‘(4) INDICATORS OF PERFORMANCE OF CAREER center; ‘‘the Secretary, through grants, contracts, or TRANSITION SERVICE PROVIDERS.—The annual ‘‘(C) replacing the operator of the center; cooperative agreements, shall conduct, at indicators of performance of career transi- ‘‘(D) reducing the capacity of the center; or least once every 5 years, an independent tion service providers shall include the ‘‘(E) closing the center. evaluation of the programs and activities measurements described in subparagraphs ‘‘(4) CLOSURE OF JOB CORPS CENTERS.—Job funded under this Act’’; (B) and (C) of paragraph (1) and subpara- Corps centers that have been identified (2) by amending subsection (a)(4) to read as graphs, (B), (C), (D), and (E) of paragraph (2). under paragraph (2) for more than 4 consecu- follows: ‘‘(d) ADDITIONAL INFORMATION.—The Sec- tive years shall be closed. The Secretary ‘‘(4) the impact of receiving services and retary shall collect, and submit in the report shall ensure— not receiving services under such programs described in subsection (f), information on ‘‘(A) that the proposed decision to close and activities on the community, businesses, the performance of each Job Corps center, the center is announced in advance to the and individuals;’’; and the Job Corps program, regarding— general public through publication in the (3) by amending subsection (c) to read as ‘‘(1) the number and percentage of former Federal Register and other appropriate follows: enrollees who obtained a regular secondary means; and ‘‘(c) TECHNIQUES.—Evaluations conducted school diploma; ‘‘(B) the establishment of a reasonable under this section shall utilize appropriate ‘‘(2) the number and percentage of former comment period, not to exceed 30 days, for and rigorous methodology and research de- enrollees who entered unsubsidized employ- interested individuals to submit written signs, including the use of control groups ment; comments to the Secretary. chosen by scientific random assignment ‘‘(3) the number and percentage of former ‘‘(g) PARTICIPANT HEALTH AND SAFETY.— methodologies, quasi-experimental methods, enrollees who obtained a recognized postsec- The Secretary shall enter into an agreement impact analysis and the use of administrative data. The Secretary shall conduct an ondary credential, including an industry-rec- with the General Services Administration or impact analysis, as described in subsection ognized credential; the appropriate State agency responsible for (a)(4), of the formula grant program under ‘‘(4) the number and percentage of former inspecting public buildings and safeguarding subtitle B not later than 2016, and thereafter enrollees who entered into military service; the health of disadvantaged students, to conduct an in-person review of the physical con- shall conduct such an analysis not less than and once every 4 years.’’; ‘‘(5) any additional information required dition and health-related activities of each Job Corps center annually. Such review shall (4) in subsection (e), by striking ‘‘the Com- by the Secretary. mittee on Labor and Human Resources of the ‘‘(e) METHODS.—The Secretary shall collect include a passing rate of occupancy under Federal and State ordinances.’’. Senate’’ and inserting ‘‘the Committee on the information described in subsections (c) Health, Education, Labor, and Pensions of and (d), using methods described in section CHAPTER 4—NATIONAL PROGRAMS the Senate’’; 136(f)(2) and consistent with State law, by SEC. ll41. TECHNICAL ASSISTANCE. (5) by redesignating subsection (f) as sub- entering into agreements with the States to Section 170 (29 U.S.C. 2915) is amended— section (g) and inserting after subsection (e) access such data for Job Corps enrollees, (1) by striking subsection (b); the following: former enrollees, and graduates. (2) by striking: ‘‘(f) REDUCTION OF AMOUNTS AUTHORIZED TO ‘‘(f) TRANSPARENCY AND ACCOUNTABILITY.— ‘‘(a) GENERAL TECHNICAL ASSISTANCE.—’’; BE APPROPRIATED FOR LATE REPORTING.—If a ‘‘(1) REPORT.—The Secretary shall collect (3) by redesignating paragraphs (1), (2), and report required to be transmitted to Con- and annually submit to the Committee on (3) as subsections (a), (b), and (c) respec- gress under this section is not transmitted Education and the Workforce of the House of tively, and moving such subsections 2 ems to on or before the time period specified for Representatives and the Committee on the left, and conforming the casing style of that report, amounts authorized to be appro- Health, Education, Labor and Pensions of the headings of such subsections to the cas- priated under this title shall be reduced by 10 the Senate, and make available to the public ing style of the heading of subsection (d), as percent for the fiscal year that begins after by electronic means, a report containing— added by paragraph (7) of this section; the date on which the final report required ‘‘(A) information on the performance of (4) in subsection (a) (as so redesignated)— under this section is required to be trans- each Job Corps center, and the Job Corps (A) by inserting ‘‘the training of staff pro- mitted and reduced by an additional 10 per- program, on the performance indicators de- viding rapid response services and additional cent each subsequent fiscal year until each scribed in paragraphs (1) and (2) of sub- assistance, the training of other staff of re- such report is transmitted to Congress.’’; and section (c); cipients of funds under this title, assistance (6) by adding at the end, the following: ‘‘(B) a comparison of each Job Corps cen- regarding accounting and program operation ‘‘(h) PUBLIC AVAILABILITY.—The results of ter, by rank, on the performance indicators practices (when such assistance would not be the evaluations conducted under this section described in paragraphs (1) and (2) of sub- duplicative to assistance provided by the shall be made publicly available, including section (c); State), technical assistance to States that do by posting such results on the Department’s ‘‘(C) a comparison of each Job Corps cen- not meet State performance measures de- website.’’. ter, by rank, on the average performance of scribed in section 136,’’ after ‘‘localities,’’; CHAPTER 5—ADMINISTRATION all primary indicators described in para- and SEC. ll46. REQUIREMENTS AND RESTRICTIONS. graph (1) of subsection (c); (B) by striking ‘‘from carrying out activi- Section 181 (29 U.S.C. 2931) is amended— ‘‘(D) information on the performance of the ties’’ and all that follows up to the period (1) in subsection (b)(6), by striking ‘‘, in- service providers described in paragraphs (3) and inserting ‘‘to implement the amend- cluding representatives of businesses and of and (4) of subsection (c) on the performance ments made by the SKILLS Act’’; labor organizations,’’;

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2003 (2) in subsection (c)(2)(A), in the matter SEC. ll48. FISCAL CONTROLS; SANCTIONS. (2) by striking ‘‘consistent with the terms preceding clause (i), by striking ‘‘shall’’ and Section 184(a)(2) (29 U.S.C. 2934(a)(2)) is and conditions required under this title’’ and inserting ‘‘may’’; amended— inserting ‘‘consistent with State law and the (3) in subsection (e)— (1) by striking ‘‘(A)’’ and all that follows terms and conditions required under this (A) by striking ‘‘training for’’ and insert- through ‘‘Each’’ and inserting ‘‘Each’’; and title’’. (2) by striking subparagraph (B). ing ‘‘the entry into employment, retention SEC. ll52. GENERAL PROGRAM REQUIREMENTS. SEC. ll49. REPORTS TO CONGRESS. in employment, or increases in earnings of’’; Section 195 (29 U.S.C. 2945) is amended— Section 185 (29 U.S.C. 2935) is amended— and (1) in paragraph (7), by inserting at the end (1) in subsection (c)— (B) by striking ‘‘subtitle B’’ and inserting the following: ‘‘this Act’’; (A) in paragraph (2), by striking ‘‘and’’ after the semicolon; ‘‘(D) Funds received under a program by a (4) in subsection (f)(4), by striking public or private nonprofit entity that are ‘‘134(a)(3)(B)’’ and inserting ‘‘133(a)(4)’’; and (B) in paragraph (3), by striking the period and inserting ‘‘; and’’; and not described in subparagraph (B), such as (5) by adding at the end the following: funds privately raised from philanthropic ‘‘(g) SALARY AND BONUS LIMITATION.— (C) by adding at the end the following: ‘‘(4) shall have the option to submit or dis- foundations, businesses, or other private en- ‘‘(1) IN GENERAL.—No funds provided under tities, shall not be considered to be income this title shall be used by a recipient or sub- seminate electronically any reports, records, plans, or other data that are required to be under this title and shall not be subject to recipient of such funds to pay the salary and the requirements of this paragraph.’’; bonuses of an individual, either as direct collected or disseminated under this title.’’; and (2) by striking paragraph (9); costs or indirect costs, at a rate in excess of (3) by redesignating paragraphs (10) the rate prescribed in level II of the Execu- (2) in subsection (e)(2), by inserting ‘‘and the Secretary shall submit to the Committee through (13) as paragraphs (9) through (12), tive Schedule under section 5315 of title 5, respectively; and United States Code. on Education and the Workforce of the House of Representatives and the Committee (4) by adding at the end the following new ‘‘(2) VENDORS.—The limitation described in paragraphs: paragraph (1) shall not apply to vendors pro- on Health, Education, Labor, and Pensions of the Senate,’’ after ‘‘Secretary,’’. ‘‘(13) Funds provided under this title shall viding goods and services as defined in OMB not be used to establish or operate stand- Circular A–133. SEC. ll50. ADMINISTRATIVE PROVISIONS. Section 189 (29 U.S.C. 2939) is amended— alone fee-for-service enterprises that com- ‘‘(3) LOWER LIMIT.—In a case in which a pete with private sector employment agen- State is a recipient of such funds, the State (1) in subsection (g)— (A) by amending paragraph (1) to read as cies within the meaning of section 701(c) of may establish a lower limit than is provided the Civil Rights Act of 1964 (42 U.S.C. in paragraph (1) for salaries and bonuses of follows: ‘‘(1) IN GENERAL.—Appropriations for any 2000e(c)), except that for purposes of this those receiving salaries and bonuses from a paragraph, such an enterprise does not in- subrecipient of such funds, taking into ac- fiscal year for programs and activities carried out under this title shall be available for clude a one-stop center. count factors including the relative cost of ‘‘(14) Any report required to be submitted living in the State, the compensation levels obligation only on the basis of a program year. The program year shall begin on Octo- to Congress, or to a Committee of Congress, for comparable State or local government under this title shall be submitted to both employees, and the size of the organizations ber 1 in the fiscal year for which the appropriation is made.’’; and the chairmen and ranking minority members that administer the Federal programs in- of the Committee on Education and the volved. (B) in paragraph (2)— (i) in the first sentence, by striking ‘‘each Workforce of the House of Representatives ‘‘(h) GENERAL AUTHORITY.— State’’ and inserting ‘‘each recipient (except and the Committee on Health, Education, ‘‘(1) IN GENERAL.—The Employment and as otherwise provided in this paragraph)’’; Labor, and Pensions of the Senate.’’. Training Administration of the Department and of Labor (referred to in this Act as the ‘Ad- SEC. ll53. FEDERAL AGENCY STAFF AND RE- (ii) in the second sentence, by striking ‘‘171 STRICTIONS ON POLITICAL AND ministration’) shall administer all programs or’’; LOBBYING ACTIVITIES. authorized under title I and the Wagner- (2) in subsection (i)— Peyser Act (29 U.S.C. 49 et seq.). The Admin- Subtitle E of title I (29 U.S.C. 2931 et seq.) (A) by striking paragraphs (2) and (3); istration shall be headed by an Assistant is amended by adding at the end the fol- (B) by redesignating paragraph (4) as para- Secretary appointed by the President by and lowing new sections: graph (2); with the advice and consent of the Senate. ‘‘SEC. 196. FEDERAL AGENCY STAFF. (C) by amending paragraph (2)(A), as so re- Except for title II and the Rehabilitation Act ‘‘The Director of the Office of Management designated— and Budget shall— of 1973 (29 U.S.C. 701 et seq.), the Administra- (i) in clause (i), by striking ‘‘; and’’ and in- ‘‘(1) not later than 60 days after the date of tion shall be the principal agency, and the serting a period at the end; Assistant Secretary shall be the principal of- (ii) by striking ‘‘requirements of subpara- the enactment of the SKILLS Act— ficer, of such Department for carrying out graph (B)’’ and all that follows through ‘‘any ‘‘(A) identify the number of Federal gov- this Act. of the statutory or regulatory requirements ernment employees who, on the day before ‘‘(2) QUALIFICATIONS.—The Assistant Sec- of subtitle B’’ and inserting ‘‘requirements of the date of enactment of the SKILLS Act, retary shall be an individual with substan- subparagraph (B) or (D), any of the statutory worked on or administered each of the pro- tial experience in workforce development or regulatory requirements of subtitle B’’; grams and activities that were authorized and in workforce development management. and under this Act or were authorized under a The Assistant Secretary shall also, to the (iii) by striking clause (ii); and provision listed in section ll71 of the maximum extent possible, possess knowledge (D) by adding at the end the following: SKILLS Act; and and have worked in or with the State or ‘‘(D) EXPEDITED PROCESS FOR EXTENDING ‘‘(B) identify the number of full-time local workforce investment system or have APPROVED WAIVERS TO ADDITIONAL STATES.— equivalent employees who on the day before been a member of the business community. The Secretary may establish an expedited that date of enactment, worked on or admin- ‘‘(3) FUNCTIONS.—In the performance of the procedure for the purpose of extending to ad- istered each of the programs and activities functions of the office, the Assistant Sec- ditional States the waiver of statutory or described in subparagraph (A), on functions retary shall be directly responsible to the regulatory requirements that have been ap- for which the authorizing provision has been Secretary or the Deputy Secretary of Labor, proved for a State pursuant to a request repealed, or for which an amount has been as determined by the Secretary. The func- under subparagraph (B), in lieu of requiring consolidated (if such employee is in a dupli- tions of the Assistant Secretary shall not be the additional States to meet the require- cate position), on or after such date of enact- delegated to any officer not directly respon- ments of subparagraphs (B) and (C). Such ment; sible, both with respect to program oper- procedure shall ensure that the extension of ‘‘(2) not later than 90 after such date of en- ation and administration, to the Assistant such a waiver to additional States is accom- actment, publish the information described Secretary. Any reference in this Act to du- panied by appropriate conditions relating to in paragraph (1) on the Office of Management ties to be carried out by the Assistant Sec- the implementation of such waiver. and Budget website; and retary shall be considered to be a reference ‘‘(E) EXTERNAL CONDITIONS.—The Secretary ‘‘(3) not later than 1 year after such date of to duties to be carried out by the Secretary shall not require or impose new or additional enactment— acting through the Assistant Secretary.’’. requirements, that are not specified under ‘‘(A) reduce the workforce of the Federal SEC. ll47. PROMPT ALLOCATION OF FUNDS. this Act, on a State in exchange for pro- Government by the number of full-time Section 182 (29 U.S.C. 2932) is amended— viding a waiver to the State or a local area equivalent employees identified under para- (1) in subsection (c)— in the State under this paragraph.’’. graph (1)(B); and (A) by striking ‘‘127 or’’; and SEC. ll51. STATE LEGISLATIVE AUTHORITY. ‘‘(B) submit to Congress a report on how (B) by striking ‘‘, except that’’ and all that Section 191(a) (29 U.S.C. 2941(a)) is amend- the Director carried out the requirements of follows and inserting a period; and ed— subparagraph (A). (2) in subsection (e)— (1) by striking ‘‘consistent with the provi- ‘‘SEC. 197. RESTRICTIONS ON LOBBYING AND PO- (A) by striking ‘‘sections 128 and 133’’ and sions of this title’’ and inserting ‘‘consistent LITICAL ACTIVITIES. inserting ‘‘section 133’’; and with State law and the provisions of this ‘‘(a) LOBBYING RESTRICTIONS.— (B) by striking ‘‘127 or’’. title’’; and ‘‘(1) PUBLICITY RESTRICTIONS.—

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2004 CONGRESSIONAL RECORD — SENATE April 1, 2014

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2005 ‘adult education and family literacy edu- ‘‘(ii) training for parents regarding how to workforce through the improvement of read- cation programs’ means a sequence of aca- be the primary teacher for their children and ing, writing, speaking, and mathematics demic instruction and educational services full partners in the education of their chil- skills. below the postsecondary level that increase dren; ‘‘SEC. 204. HOME SCHOOLS. an individual’s ability to read, write, and ‘‘(iii) parent literacy training that leads to ‘‘Nothing in this title shall be construed to speak English and perform mathematical economic self-sufficiency; and affect home schools, whether or not a home computations leading to a level of pro- ‘‘(iv) an age-appropriate education to pre- school is treated as a home school or a pri- ficiency equivalent to at least a secondary pare children for success in school and life vate school under State law, or to compel a school completion that is provided for indi- experiences. parent engaged in home schooling to partici- viduals— ‘‘(6) GOVERNOR.—The term ‘Governor’ pate in adult education and family literacy ‘‘(A) who are at least 16 years of age; means the chief executive officer of a State education activities under this title. ‘‘(B) who are not enrolled or required to be or outlying area. ‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. enrolled in secondary school under State ‘‘(7) INDIVIDUAL WITH A DISABILITY.— ‘‘There are authorized to be appropriated law; and ‘‘(A) IN GENERAL.—The term ‘individual to carry out this title, $606,294,933 for fiscal ‘‘(C) who— with a disability’ means an individual with year 2015 and for each of the 6 succeeding fis- ‘‘(i) lack sufficient mastery of basic read- any disability (as defined in section 3 of the cal years. ing, writing, speaking, and mathematics Americans with Disabilities Act of 1990). skills to enable the individuals to function ‘‘(B) INDIVIDUALS WITH DISABILITIES.—The ‘‘Subtitle A—Federal Provisions effectively in society; term ‘individuals with disabilities’ means ‘‘SEC. 211. RESERVATION OF FUNDS; GRANTS TO ‘‘(ii) do not have a secondary school di- more than one individual with a disability. ELIGIBLE AGENCIES; ALLOTMENTS. ploma or its equivalent and have not ‘‘(8) ENGLISH LEARNER.—The term ‘English ‘‘(a) RESERVATION OF FUNDS.—From the achieved an equivalent level of education; or learner’ means an adult or out-of-school sums appropriated under section 205 for a fis- ‘‘(iii) are English learners. youth who has limited ability in reading, cal year, the Secretary shall reserve 2.0 per- ‘‘(2) ELIGIBLE AGENCY.—The term ‘eligible writing, speaking, or understanding the cent to carry out section 242. agency’— English language, and— ‘‘(b) GRANTS TO ELIGIBLE AGENCIES.— ‘‘(A) means the primary entity or agency ‘‘(A) whose native language is a language ‘‘(1) IN GENERAL.—From the sums appro- in a State or an outlying area responsible for other than English; or priated under section 205 and not reserved administering or supervising policy for adult ‘‘(B) who lives in a family or community under subsection (a) for a fiscal year, the education and family literacy education pro- environment where a language other than Secretary shall award a grant to each eligi- grams in the State or outlying area, respec- English is the dominant language. ble agency having a State plan approved tively, consistent with the law of the State ‘‘(9) INTEGRATED EDUCATION AND TRAIN- under section 224 in an amount equal to the or outlying area, respectively; and ING.—The term ‘integrated education and sum of the initial allotment under sub- ‘‘(B) may be the State educational agency, training’ means services that provide adult section (c)(1) and the additional allotment the State agency responsible for admin- education and literacy activities contex- under subsection (c)(2) for the eligible agen- istering workforce investment activities, or tually and concurrently with workforce cy for the fiscal year, subject to subsections the State agency responsible for admin- preparation activities and workforce train- (f) and (g). istering community or technical colleges. ing for a specific occupation or occupational ‘‘(2) PURPOSE OF GRANTS.—The Secretary ‘‘(3) ELIGIBLE PROVIDER.—The term ‘eligi- cluster. Such services may include offering may award a grant under paragraph (1) only ble provider’ means an organization of dem- adult education services concurrent with if the eligible agency involved agrees to ex- onstrated effectiveness that is— postsecondary education and training, in- pend the grant in accordance with the provi- ‘‘(A) a local educational agency; cluding through co-instruction. sions of this title. ‘‘(B) a community-based or faith-based or- ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— ‘‘(c) ALLOTMENTS.— ganization; The term ‘institution of higher education’ ‘‘(1) INITIAL ALLOTMENTS.—From the sums ‘‘(C) a volunteer literacy organization; has the meaning given the term in section appropriated under section 205 and not re- ‘‘(D) an institution of higher education; 101 of the Higher Education Act of 1965. served under subsection (a) for a fiscal year, ‘‘(E) a public or private educational agen- ‘‘(11) LITERACY.—The term ‘literacy’ means the Secretary shall allot to each eligible cy; an individual’s ability to read, write, and agency having a State plan approved under ‘‘(F) a library; speak in English, compute, and solve prob- section 224— ‘‘(G) a public housing authority; lems at a level of proficiency necessary to ‘‘(A) $100,000, in the case of an eligible ‘‘(H) an institution that is not described in obtain employment and to successfully make agency serving an outlying area; and any of subparagraphs (A) through (G) and the transition to postsecondary education. ‘‘(B) $250,000, in the case of any other eligi- has the ability to provide adult education, ‘‘(12) LOCAL EDUCATIONAL AGENCY.—The ble agency. basic skills, and family literacy education term ‘local educational agency’ has the ‘‘(2) ADDITIONAL ALLOTMENTS.—From the programs to adults and families; or meaning given the term in section 9101 of the sums appropriated under section 205, not re- ‘‘(I) a consortium of the agencies, organiza- Elementary and Secondary Education Act of served under subsection (a), and not allotted tions, institutions, libraries, or authorities 1965. under paragraph (1), for a fiscal year, the described in any of subparagraphs (A) ‘‘(13) OUTLYING AREA.—The term ‘outlying Secretary shall allot to each eligible agency through (H). area’ has the meaning given the term in sec- that receives an initial allotment under ‘‘(4) ENGLISH LANGUAGE ACQUISITION PRO- tion 101 of this Act. paragraph (1) an additional amount that GRAM.—The term ‘English language acquisi- ‘‘(14) POSTSECONDARY EDUCATIONAL INSTITU- bears the same relationship to such sums as tion program’ means a program of instruc- TION.—The term ‘postsecondary educational the number of qualifying adults in the State tion— institution’ means— or outlying area served by the eligible agen- ‘‘(A) designed to help English learners ‘‘(A) an institution of higher education cy bears to the number of such adults in all achieve competence in reading, writing, that provides not less than a 2-year program States and outlying areas. speaking, and comprehension of the English of instruction that is acceptable for credit ‘‘(d) QUALIFYING ADULT.—For the purpose language; and toward a bachelor’s degree; of subsection (c)(2), the term ‘qualifying ‘‘(B) that may lead to— ‘‘(B) a tribally controlled community col- adult’ means an adult who— ‘‘(i) attainment of a secondary school di- lege; or ‘‘(1) is at least 16 years of age; ploma or its recognized equivalent; ‘‘(C) a nonprofit educational institution of- ‘‘(2) is beyond the age of compulsory school ‘‘(ii) transition to success in postsecondary fering certificate or apprenticeship programs attendance under the law of the State or education and training; and at the postsecondary level. outlying area; ‘‘(iii) employment or career advancement. ‘‘(15) SECRETARY.—The term ‘Secretary’ ‘‘(3) does not have a secondary school di- ‘‘(5) FAMILY LITERACY EDUCATION PRO- means the Secretary of Education. ploma or its recognized equivalent; and GRAM.—The term ‘family literacy education ‘‘(16) STATE.—The term ‘State’ means each ‘‘(4) is not enrolled in secondary school. program’ means an educational program of the several States of the United States, ‘‘(e) SPECIAL RULE.— that— the District of Columbia, and the Common- ‘‘(1) IN GENERAL.—From amounts made ‘‘(A) assists parents and students, on a vol- wealth of Puerto Rico. available under subsection (c) for the Repub- untary basis, in achieving the purpose of this ‘‘(17) STATE EDUCATIONAL AGENCY.—The lic of Palau, the Secretary shall award title as described in section 202; and term ‘State educational agency’ has the grants to Guam, American Samoa, the Com- ‘‘(B) is of sufficient intensity in terms of meaning given the term in section 9101 of the monwealth of the Northern Mariana Islands, hours and of sufficient quality to make sus- Elementary and Secondary Education Act of or the Republic of Palau to carry out activi- tainable changes in a family, is evidence- 1965. ties described in this title in accordance with based, and, for the purpose of substantially ‘‘(18) WORKPLACE LITERACY PROGRAM.—The the provisions of this title as determined by increasing the ability of parents and children term ‘workplace literacy program’ means an the Secretary. to read, write, and speak English, inte- educational program that is offered in col- ‘‘(2) TERMINATION OF ELIGIBILITY.—Notwith- grates— laboration between eligible providers and standing any other provision of law, the Re- ‘‘(i) interactive literacy activities between employers or employee organizations for the public of Palau shall be eligible to receive a parents and their children; purpose of improving the productivity of the grant under this title until an agreement for

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2006 CONGRESSIONAL RECORD — SENATE April 1, 2014 the extension of United States education as- ‘‘(A) in the case of an eligible agency serv- in order to maximize the impact of the ac- sistance under the Compact of Free Associa- ing an outlying area, 12 percent of the total tivities described in subsection (a). tion for the Republic of Palau becomes effec- amount of funds expended for adult edu- ‘‘(c) STATE-IMPOSED REQUIREMENTS.— tive. cation and family literacy education pro- Whenever a State or outlying area imple- ‘‘(f) HOLD-HARMLESS PROVISIONS.— grams in the outlying area, except that the ments any rule or policy relating to the ad- ‘‘(1) IN GENERAL.—Notwithstanding sub- Secretary may decrease the amount of funds ministration or operation of a program au- section (c) and subject to paragraph (2), for— required under this subparagraph for an eli- thorized under this title that has the effect ‘‘(A) fiscal year 2015, no eligible agency gible agency; and of imposing a requirement that is not im- shall receive an allotment under this title ‘‘(B) in the case of an eligible agency serv- posed under Federal law (including any rule that is less than 90 percent of the allotment ing a State, 25 percent of the total amount of or policy based on a State or outlying area the eligible agency received for fiscal year funds expended for adult education and fam- interpretation of a Federal statute, regula- 2012 under this title; and ily literacy education programs in the State. tion, or guideline), the State or outlying ‘‘(B) fiscal year 2016 and each succeeding ‘‘(2) NON-FEDERAL CONTRIBUTION.—An eligi- area shall identify, to eligible providers, the fiscal year, no eligible agency shall receive ble agency’s non-Federal contribution re- rule or policy as being imposed by the State an allotment under this title that is less quired under paragraph (1) may be provided or outlying area. than 90 percent of the allotment the eligible in cash or in kind, fairly evaluated, and shall ‘‘SEC. 224. STATE PLAN. agency received for the preceding fiscal year include only non-Federal funds that are used ‘‘(a) 3-YEAR PLANS.— under this title. for adult education and family literacy edu- ‘‘(1) IN GENERAL.—Each eligible agency de- ‘‘(2) RATABLE REDUCTION.—If, for any fiscal cation programs in a manner that is con- siring a grant under this title for any fiscal year the amount available for allotment sistent with the purpose of this title. year shall submit to, or have on file with, under this title is insufficient to satisfy the ‘‘SEC. 223. STATE LEADERSHIP ACTIVITIES. the Secretary a 3-year State plan. provisions of paragraph (1), the Secretary ‘‘(a) IN GENERAL.—Each eligible agency ‘‘(2) STATE UNIFIED PLAN.—The eligible shall ratable reduce the payments to all eli- may use funds made available under section agency may submit the State plan as part of gible agencies, as necessary. 222(a)(2) for any of the following adult edu- a State unified plan described in section 501. ‘‘(g) REALLOTMENT.—The portion of any el- cation and family literacy education pro- ‘‘(b) PLAN CONTENTS.—The eligible agency igible agency’s allotment under this title for grams: shall include in the State plan or any revi- a fiscal year that the Secretary determines ‘‘(1) The establishment or operation of pro- sions to the State plan— will not be required for the period such allot- fessional development programs to improve ‘‘(1) an objective assessment of the needs of ment is available for carrying out activities the quality of instruction provided pursuant individuals in the State or outlying area for under this title, shall be available for real- to local activities required under section adult education and family literacy edu- lotment from time to time, on such dates 231(b). cation programs, including individuals most during such period as the Secretary shall fix, ‘‘(2) The provision of technical assistance in need or hardest to serve; to other eligible agencies in proportion to to eligible providers of adult education and ‘‘(2) a description of the adult education the original allotments to such agencies family literacy education programs, includ- and family literacy education programs that under this title for such year. ing for the development and dissemination of will be carried out with funds received under ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYS- evidence based research instructional prac- this title; TEM. tices in reading, writing, speaking, mathe- ‘‘(3) an assurance that the funds received ‘‘Programs and activities authorized under matics, and English language acquisition under this title will not be expended for any this title are subject to the performance ac- programs. purpose other than for activities under this countability provisions described in para- ‘‘(3) The provision of assistance to eligible title; graphs (2)(A) and (3) of section 136(b) and providers in developing, implementing, and ‘‘(4) a description of how the eligible agen- may, at a State’s discretion, include addi- reporting measurable progress in achieving cy will annually evaluate and measure the tional indicators identified in the State plan the objectives of this title. effectiveness and improvement of the adult approved under section 224. ‘‘(4) The monitoring and evaluation of the education and family literacy education pro- ‘‘Subtitle B—State Provisions quality of, and the improvement in, adult grams funded under this title using the indi- ‘‘SEC. 221. STATE ADMINISTRATION. education and literacy activities. cators of performance described in section ‘‘Each eligible agency shall be responsible ‘‘(5) The provision of technology assist- 136, including how the eligible agency will for the following activities under this title: ance, including staff training, to eligible pro- conduct such annual evaluations and meas- ‘‘(1) The development, submission, imple- viders of adult education and family literacy ures for each grant received under this title; mentation, and monitoring of the State plan. education programs, including distance edu- ‘‘(5) a description of how the eligible agen- ‘‘(2) Consultation with other appropriate cation activities, to enable the eligible pro- cy will fund local activities in accordance agencies, groups, and individuals that are in- viders to improve the quality of such activi- with the measurable goals described in sec- volved in, or interested in, the development ties. tion 231(d); and implementation of activities assisted ‘‘(6) The development and implementation ‘‘(6) an assurance that the eligible agency under this title. of technology applications or distance edu- will expend the funds under this title only in ‘‘(3) Coordination and avoidance of duplica- cation, including professional development a manner consistent with fiscal require- tion with other Federal and State education, to support the use of instructional tech- ments in section 241; training, corrections, public housing, and so- nology. ‘‘(7) a description of the process that will cial service programs. ‘‘(7) Coordination with other public pro- be used for public participation and com- ‘‘SEC. 222. STATE DISTRIBUTION OF FUNDS; grams, including programs under title I of ment with respect to the State plan, which— MATCHING REQUIREMENT. this Act, and other welfare-to-work, work- ‘‘(A) shall include consultation with the ‘‘(a) STATE DISTRIBUTION OF FUNDS.—Each force development, and job training pro- State workforce investment board, the State eligible agency receiving a grant under this grams. board responsible for administering commu- title for a fiscal year— ‘‘(8) Coordination with existing support nity or technical colleges, the Governor, the ‘‘(1) shall use not less than 82.5 percent of services, such as transportation, child care, State educational agency, the State board or the grant funds to award grants and con- and other assistance designed to increase agency responsible for administering block tracts under section 231 and to carry out sec- rates of enrollment in, and successful com- grants for temporary assistance to needy tion 225, of which not more than 10 percent of pletion of, adult education and family lit- families under title IV of the Social Security such amount shall be available to carry out eracy education programs, for adults en- Act, the State council on disabilities, the section 225; rolled in such activities. State vocational rehabilitation agency, and ‘‘(2) shall use not more than 12.5 percent of ‘‘(9) The development and implementation other State agencies that promote the im- the grant funds to carry out State leadership of a system to assist in the transition from provement of adult education and family lit- activities under section 223; and adult basic education to postsecondary edu- eracy education programs, and direct pro- ‘‘(3) shall use not more than 5 percent of cation. viders of such programs; and the grant funds, or $65,000, whichever is ‘‘(10) Activities to promote workplace lit- ‘‘(B) may include consultation with the greater, for the administrative expenses of eracy programs. State agency on higher education, institu- the eligible agency. ‘‘(11) Other activities of statewide signifi- tions responsible for professional develop- ‘‘(b) MATCHING REQUIREMENT.— cance, including assisting eligible providers ment of adult education and family literacy ‘‘(1) IN GENERAL.—In order to receive a in achieving progress in improving the skill education programs instructors, representa- grant from the Secretary under section levels of adults who participate in programs tives of business and industry, refugee assist- 211(b), each eligible agency shall provide, for under this title. ance programs, and faith-based organiza- the costs to be incurred by the eligible agen- ‘‘(12) Integration of literacy, instructional, tions; cy in carrying out the adult education and and occupational skill training and pro- ‘‘(8) a description of the eligible agency’s family literacy education programs for motion of linkages with employees. strategies for serving populations that in- which the grant is awarded, a non-Federal ‘‘(b) COORDINATION.—In carrying out this clude, at a minimum— contribution in an amount that is not less section, eligible agencies shall coordinate ‘‘(A) low-income individuals; than— where possible, and avoid duplicating efforts, ‘‘(B) individuals with disabilities;

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2007 ‘‘(C) the unemployed; in correctional institutions and for other in- uals with disabilities and individuals who are ‘‘(D) the underemployed; and stitutionalized individuals, including aca- low-income or have minimal reading, writ- ‘‘(E) individuals with multiple barriers to demic programs for— ing, speaking, and mathematics skills, or are educational enhancement, including English ‘‘(1) basic skills education; English learners; learners; ‘‘(2) special education programs as deter- ‘‘(4) the program is of sufficient intensity ‘‘(9) a description of how the adult edu- mined by the eligible agency; and quality for participants to achieve sub- cation and family literacy education pro- ‘‘(3) reading, writing, speaking, and mathe- stantial learning gains; grams that will be carried out with any matics programs; ‘‘(5) educational practices are evidence- funds received under this title will be inte- ‘‘(4) secondary school credit or diploma based; grated with other adult education, career de- programs or their recognized equivalent; and ‘‘(6) the activities of the eligible provider velopment, and employment and training ac- ‘‘(5) integrated education and training. effectively employ advances in technology, tivities in the State or outlying area served ‘‘(c) PRIORITY.—Each eligible agency that and delivery systems including distance edu- by the eligible agency; is using assistance provided under this sec- cation; ‘‘(10) a description of the steps the eligible tion to carry out a program for criminal of- ‘‘(7) the activities provide instruction in agency will take to ensure direct and equi- fenders within a correctional institution real-life contexts, including integrated edu- table access, as required in section 231(c)(1), shall give priority to serving individuals who cation and training when appropriate, to en- including— are likely to leave the correctional institu- sure that an individual has the skills needed ‘‘(A) how the State will build the capacity tion within 5 years of participation in the to compete in the workplace and exercise the of community-based and faith-based organi- program. rights and responsibilities of citizenship; zations to provide adult education and fam- ‘‘(d) DEFINITIONS.—In this section: ‘‘(8) the activities are staffed by well- ily literacy education programs; and ‘‘(1) CORRECTIONAL INSTITUTION.—The term trained instructors, counselors, and adminis- ‘‘(B) how the State will increase the par- ‘correctional institution’ means any— trators who meet minimum qualifications ticipation of business and industry in adult ‘‘(A) prison; established by the State; education and family literacy education pro- ‘‘(B) jail; ‘‘(9) the activities are coordinated with grams; ‘‘(C) reformatory; other available resources in the community, ‘‘(11) an assessment of the adequacy of the ‘‘(D) work farm; such as through strong links with elemen- system of the State or outlying area to en- ‘‘(E) detention center; or tary schools and secondary schools, postsec- sure teacher quality and a description of how ‘‘(F) halfway house, community-based re- ondary educational institutions, local work- the State or outlying area will use funds rehabilitation center, or any other similar in- force investment boards, one-stop centers, ceived under this subtitle to improve teacher stitution designed for the confinement or re- job training programs, community-based and quality, including evidence-based profes- habilitation of criminal offenders. faith-based organizations, and social service sional development to improve instruction; ‘‘(2) CRIMINAL OFFENDER.—The term ‘crimi- agencies; and nal offender’ means any individual who is ‘‘(10) the activities offer flexible schedules ‘‘(12) a description of how the eligible agen- charged with, or convicted of, any criminal and support services (such as child care and cy will consult with any State agency re- offense. transportation) that are necessary to enable sponsible for postsecondary education to de- individuals, including individuals with dis- ‘‘Subtitle C—Local Provisions abilities or other special needs, to attend and velop adult education that prepares students ‘‘SEC. 231. GRANTS AND CONTRACTS FOR ELIGI- complete programs; to enter postsecondary education without BLE PROVIDERS. ‘‘(11) the activities include a high-quality the need for remediation upon completion of ‘‘(a) GRANTS AND CONTRACTS.—From grant information management system that has secondary school equivalency programs. funds made available under section 222(a)(1), the capacity to report measurable partici- ‘‘(c) PLAN REVISIONS.—When changes in each eligible agency shall award multi-year conditions or other factors require substan- pant outcomes (consistent with section 136) grants or contracts, on a competitive basis, tial revisions to an approved State plan, the and to monitor program performance; to eligible providers within the State or out- eligible agency shall submit the revisions of ‘‘(12) the local communities have a dem- lying area that meet the conditions and re- the State plan to the Secretary. onstrated need for additional English lan- quirements of this title to enable the eligible ‘‘(d) CONSULTATION.—The eligible agency guage acquisition programs, and integrated shall— providers to develop, implement, and im- education and training programs; ‘‘(1) submit the State plan, and any revi- prove adult education and family literacy ‘‘(13) the capacity of the eligible provider sions to the State plan, to the Governor, the education programs within the State. to produce valid information on performance OCAL ACTIVITIES.—The eligible agen- chief State school officer, or the State offi- ‘‘(b) L results, including enrollments and measur- cy shall require eligible providers receiving a cer responsible for administering community able participant outcomes; grant or contract under subsection (a) to es- or technical colleges, or outlying area for re- ‘‘(14) adult education and family literacy tablish or operate— view and comment; and education programs offer rigorous reading, ‘‘(1) programs that provide adult education ‘‘(2) ensure that any comments regarding writing, speaking, and mathematics content and literacy activities; the State plan by the Governor, the chief that are evidence based; and ‘‘(2) programs that provide integrated edu- State school officer, or the State officer re- ‘‘(15) applications of technology, and serv- cation and training activities; or sponsible for administering community or ices to be provided by the eligible providers, ‘‘(3) credit-bearing postsecondary technical colleges, and any revision to the are of sufficient intensity and duration to in- coursework. State plan, are submitted to the Secretary. crease the amount and quality of learning IRECT AND QUITABLE CCESS AME ‘‘(e) PLAN APPROVAL.—The Secretary ‘‘(c) D E A ; S and lead to measurable learning gains within shall— PROCESS.—Each eligible agency receiving specified time periods. ‘‘(1) approve a State plan within 90 days funds under this title shall ensure that— ‘‘(e) SPECIAL RULE.—Eligible providers may after receiving the plan unless the Secretary ‘‘(1) all eligible providers have direct and use grant funds under this title to serve chil- makes a written determination within 30 equitable access to apply for grants or con- dren participating in family literacy pro- days after receiving the plan that the plan tracts under this section; and grams assisted under this part, provided that does not meet the requirements of this sec- ‘‘(2) the same grant or contract announce- other sources of funds available to provide tion or is inconsistent with specific provi- ment process and application process is used similar services for such children are used sions of this subtitle; and for all eligible providers in the State or out- first. ‘‘(2) not finally disapprove of a State plan lying area. ‘‘SEC. 232. LOCAL APPLICATION. before offering the eligible agency the oppor- ‘‘(d) MEASURABLE GOALS.—The eligible ‘‘Each eligible provider desiring a grant or tunity, prior to the expiration of the 30-day agency shall require eligible providers re- contract under this title shall submit an ap- period beginning on the date on which the el- ceiving a grant or contract under subsection plication to the eligible agency containing igible agency received the written deter- (a) to demonstrate— such information and assurances as the eligi- mination described in paragraph (1), to re- ‘‘(1) the eligible provider’s measurable ble agency may require, including— view the plan and providing technical assist- goals for participant outcomes to be ‘‘(1) a description of how funds awarded ance in order to assist the eligible agency in achieved annually on the core indicators of under this title will be spent consistent with meeting the requirements of this subtitle. performance described in section 136(b)(2)(A); the requirements of this title; ‘‘(2) the past effectiveness of the eligible ‘‘(2) a description of any cooperative ar- ‘‘SEC. 225. PROGRAMS FOR CORRECTIONS EDU- CATION AND OTHER INSTITU- provider in improving the basic academic rangements the eligible provider has with TIONALIZED INDIVIDUALS. skills of adults and, for eligible providers re- other agencies, institutions, or organizations ‘‘(a) PROGRAM AUTHORIZED.—From funds ceiving grants in the prior year, the success for the delivery of adult education and fam- made available under section 222(a)(1) for a of the eligible provider receiving funding ily literacy education programs; and fiscal year, each eligible agency shall carry under this title in exceeding its performance ‘‘(3) each of the demonstrations required out corrections education and education for goals in the prior year; by section 231(d). other institutionalized individuals. ‘‘(3) the commitment of the eligible pro- ‘‘SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS. ‘‘(b) USES OF FUNDS.—The funds described vider to serve individuals in the community ‘‘(a) IN GENERAL.—Subject to subsection in subsection (a) shall be used for the cost of who are the most in need of basic academic (b), of the amount that is made available educational programs for criminal offenders skills instruction services, including individ- under this title to an eligible provider—

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‘‘(c) NATIONAL ELECTRONIC TOOLS TO PRO- the ability of a Governor to conduct addi- ‘‘(ii) STATEWIDE WORKFORCE DEVELOPMENT VIDE SERVICES.—The Secretary is authorized tional data collection, analysis, and dissemi- SYSTEM.—Consistent with subparagraph (A), to assist in the development of national elec- nation activities with State funds or with employment and training services shall be tronic tools that may be used to facilitate Federal funds from sources other than this provided through the statewide workforce the delivery of work ready services described section. development system, including the one-stop in section 134(c)(2) of the Workforce Invest- ‘‘(f) NONDUPLICATION REQUIREMENT.—None delivery system authorized by the Workforce ment Act of 1998 (29 U.S.C. 2864(c)(2)) and to of the functions and activities carried out Investment Act of 1998 (29 U.S.C. 2801 et provide workforce and labor market infor- pursuant to this section shall duplicate the seq.). mation to individuals through the one-stop functions and activities carried out under ‘‘(iii) REIMBURSEMENTS.— delivery systems described in section 121 and the Carl D. Perkins Career and Technical ‘‘(I) ACTUAL COSTS.—The State agency through other appropriate delivery systems. Education Act of 2006 (20 U.S.C. 2301 et seq.). shall provide payments or reimbursement to ‘‘(d) COORDINATION WITH THE STATES.— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— participants served under this paragraph ‘‘(1) IN GENERAL.—The Secretary, working There are authorized to be appropriated to for— through the Bureau of Labor Statistics and carry out this section $63,473,000 for fiscal ‘‘(aa) the actual costs of transportation the Employment and Training Administra- year 2015 and each of the 6 succeeding fiscal and other actual costs (other than dependent tion, shall regularly consult with representa- years.’’. care costs) that are reasonably necessary tives of State agencies carrying out work- Subtitle D—Repeals and Conforming and directly related to the individual par- force information activities regarding strat- Amendments ticipating in employment and training ac- egies for improving the workforce and labor SEC. ll71. REPEALS. tivities; and market information system. The following provisions are repealed: ‘‘(bb) the actual costs of such dependent ‘‘(2) FORMAL CONSULTATIONS.—At least (1) Chapter 4 of subtitle B of title I, and care expenses as are determined by the State twice each year, the Secretary, working sections 123, 155, 166, 167, 168, 169, 171, 173, agency to be necessary for the individual to through the Bureau of Labor Statistics, shall 173A, 174, 192, 194, 502, 503, and 506 of the participate in employment and training ac- conduct formal consultations regarding pro- Workforce Investment Act of 1998, as in ef- tivities (other than an individual who is the grams carried out by the Bureau of Labor fect on the day before the date of enactment caretaker relative of a dependent in a family Statistics with representatives of each of the of the SKILLS Act. receiving benefits under part A of title IV of Federal regions of the Bureau of Labor Sta- (2) Title V of the Older Americans Act of the Social Security Act (42 U.S.C. 601 et seq.) tistics, elected (pursuant to a process estab- 1965 (42 U.S.C. 3056 et seq.). in a local area where an employment, train- lished by the Secretary) from the State di- (3) Sections 1 through 14 of the Wagner- ing, or education program under title IV of rectors affiliated with State agencies that Peyser Act (29 U.S.C. 49 et seq.). that Act is in operation), except that no such perform the duties described in subsection (4) The Twenty-First Century Workforce payment or reimbursement shall exceed the (e)(1). Commission Act (29 U.S.C. 2701 note). applicable local market rate. ‘‘(e) STATE RESPONSIBILITIES.— (5) Public Law 91–378, 16 U.S.C. 1701 et seq. ‘‘(II) SERVICE CONTRACTS AND VOUCHERS.— ‘‘(1) IN GENERAL.—In order to receive Fed- (popularly known as the ‘‘Youth Conserva- In lieu of providing reimbursements or pay- eral financial assistance under this section, tion Corps Act of 1970’’). ments for dependent care expenses under the Governor of a State shall— (6) Section 821 of the Higher Education clause (i), a State agency may, at the option ‘‘(A) be responsible for the management of Amendments of 1998 (20 U.S.C. 1151). of the State agency, arrange for dependent the portions of the workforce and labor mar- (7) The Women in Apprenticeship and Non- care through providers by the use of pur- ket information system described in sub- traditional Occupations Act (29 U.S.C. 2501 et chase of service contracts or vouchers or by section (a) that comprise a statewide work- seq.). providing vouchers to the household. force and labor market information system; (8) Sections 4103A and 4104 of title 38, ‘‘(III) VALUE OF REIMBURSEMENTS.—The ‘‘(B) establish a process for the oversight of United States Code. value of any dependent care services pro- such system; SEC. ll72. AMENDMENTS TO OTHER LAWS. vided for or arranged under clause (ii), or ‘‘(C) consult with State and local employ- (a) AMENDMENTS TO THE FOOD AND NUTRI- any amount received as a payment or reim- ers, participants, and local workforce invest- TION ACT OF 2008.— bursement under clause (i), shall— ment boards about the labor market rel- (1) DEFINITION.—Section 3(t) of the Food ‘‘(aa) not be treated as income for the pur- evance of the data to be collected and dis- and Nutrition Act of 2008 (7 U.S.C. 2012(t)) is poses of any other Federal or federally as- seminated through the statewide workforce amended— sisted program that bases eligibility for, or and labor market information system; (A) by striking ‘‘means (1) the agency’’ and the amount of benefits on, need; and ‘‘(D) consult with State educational agen- inserting the following: ‘‘means— ‘‘(bb) not be claimed as an employment-re- cies and local educational agencies con- ‘‘(A) the agency’’; lated expense for the purposes of the credit cerning the provision of workforce and labor (B) by striking ‘‘programs, and (2) the trib- provided under section 21 of the Internal market information in order to meet the al’’ and inserting the following: ‘‘programs; Revenue Code of 1986 (26 U.S.C. 21).’’. needs of secondary school and postsecondary ‘‘(B) the tribal’’; and (4) ADMINISTRATION.—Section 11(e)(19) of school students who seek such information; (C) by striking ‘‘this Act.’’ and inserting the Food and Nutrition Act of 2008 (7 U.S.C. ‘‘(E) collect and disseminate for the sys- the following: ‘‘this Act; and 2020(e)(11) is amended to read as follows: tem, on behalf of the State and localities in ‘‘(C) in the context of employment and ‘‘(S) the plans of the State agency for pro- the State, the information and data de- training activities under section 6(d)(4), a viding employment and training services scribed in subparagraphs (A) and (B) of sub- State board as defined in section 101 of the under section 6(d)(4);’’. section (a)(1); Workforce Investment Act of 1998 (29 U.S.C. (5) ADMINISTRATIVE COST-SHARING AND ‘‘(F) maintain and continuously improve 2801).’’. QUALITY CONTROL.—Section 16(h) of the Food the statewide workforce and labor market (2) ELIGIBLE HOUSEHOLDS.—Section 5 of the and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is information system in accordance with this Food and Nutrition Act of 2008 (7 U.S.C. 2014) amended— section; is amended— (A) in paragraph (1)— ‘‘(G) perform contract and grant respon- (A) in subsection (d)(14) by striking ‘‘sec- (i) in subparagraph (A), by striking ‘‘carry sibilities for data collection, analysis, and tion 6(d)(4)(I)’’ and inserting ‘‘section out employment and training programs’’ and dissemination for such system; 6(d)(4)(C)’’, and inserting ‘‘provide employment and training ‘‘(H) conduct such other data collection, (B) in subsection (g)(3), in the first sen- services to eligible households under section analysis, and dissemination activities as will tence, by striking ‘‘constitutes adequate par- 6(d)(4)’’; and ensure an effective statewide workforce and ticipation in an employment and training (ii) in subparagraph (D), by striking ‘‘oper- labor market information system; program under section 6(d)’’ and inserting ating an employment and training program’’ ‘‘(I) actively seek the participation of ‘‘allows the individual to participate in em- and inserting ‘‘providing employment and other State and local agencies in data collec- ployment and training activities under sec- training services consistent with section tion, analysis, and dissemination activities tion 6(d)(4)’’. 6(d)(4)’’; in order to ensure complementarity, compat- (3) ELIGIBILITY DISQUALIFICATIONS.—Section (B) in paragraph (3)— ibility, and usefulness of data; 6(d)(4) of the Food and Nutrition Act of 2008 (i) by striking ‘‘participation in an employ- ‘‘(J) participate in the development of, and (7 U.S.C. 2015(d)(4)) is amended to read as fol- ment and training program’’ and inserting submit to the Secretary, an annual plan to lows: ‘‘the individual participating in employment carry out the requirements and authorities ‘‘(D) EMPLOYMENT AND TRAINING.— and training activities’’; and of this subsection; and ‘‘(i) IMPLEMENTATION.—Each State agency (ii) by striking ‘‘section 6(d)(4)(I)(i)(II)’’ ‘‘(K) utilize the quarterly records described shall provide employment and training serv- and inserting ‘‘section 6(d)(4)(C)(i)(II)’’; in section 136(f)(2) of the Workforce Invest- ices authorized under section 134 of the (C) in paragraph (4), by striking ‘‘for oper- ment Act of 1998 (29 U.S.C. 2871(f)(2)) to assist Workforce Investment Act of 1998 (29 U.S.C. ating an employment and training program’’ the State and other States in measuring 2864) to eligible members of households par- and inserting ‘‘to provide employment and State progress on State performance meas- ticipating in the supplemental nutrition as- training services’’; and ures. sistance program in gaining skills, training, (D) by striking paragraph (5) and inserting ‘‘(2) RULE OF CONSTRUCTION.—Nothing in work, or experience that will increase their the following: this section shall be construed as limiting ability to obtain regular employment. ‘‘(E) MONITORING.—

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VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2012 CONGRESSIONAL RECORD — SENATE April 1, 2014 SEC. ll77. REHABILITATION SERVICES ADMIN- SEC. ll79. CARRYOVER. (C) by striking ‘‘that part to supplement ISTRATION. Section 19(a)(1) of the Rehabilitation Act funds made available under part B of’’; of 1973 (29 U.S.C. 716(a)(1)) is amended by (a) REHABILITATION SERVICES ADMINISTRA- (5) in paragraph (24)— striking ‘‘part B of title VI,’’. (A) in the paragraph heading, by striking TION.—The Rehabilitation Act of 1973 (29 SEC. ll80. TRADITIONALLY UNDERSERVED POP- ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; and U.S.C. 701 et seq.) is amended— ULATIONS. (B) in subparagraph (A)— (1) in section 3(a) (29 U.S.C. 702(a))— Section 21 of the Rehabilitation Act of 1973 (i) in the subparagraph heading, by strik- (A) by striking ‘‘Office of the Secretary’’ (29 U.S.C. 718) is amended, in paragraphs (1) ing ‘‘CONTRACTS’’ and inserting ‘‘GRANTS’’; and inserting ‘‘Department of Education’’; and (2)(A) of subsection (b), and in subsection and (B) by striking ‘‘President by and with the (c), by striking ‘‘VI,’’. (ii) by striking ‘‘part A of title VI’’ and in- advice and consent of the Senate’’ and in- SEC. ll81. STATE PLAN. serting ‘‘section 109A’’; and serting ‘‘Secretary’’; and Section 101(a) of the Rehabilitation Act of (6) by adding at the end the following: (C) by striking ‘‘, and the Commissioner 1973 (29 U.S.C. 721(a)) is amended— ‘‘(25) COLLABORATION WITH INDUSTRY.—The shall be the principal officer,’’; (1) in paragraph (10)— State plan shall describe how the designated (2) by striking ‘‘Commissioner’’ each place (A) in subparagraph (B), by striking ‘‘on State agency will carry out the provisions of it appears (except in section 21) and inserting the eligible individuals’’ and all that follows section 109A, including— ‘‘Director’’; and inserting ‘‘of information necessary to ‘‘(A) the criteria such agency will use to (3) in section 12(c) (29 U.S.C. 709(c)), by assess the State’s performance on the core award grants under such section; and striking ‘‘Commissioner’s’’ and inserting indicators of performance described in sec- ‘‘(B) how the activities carried out under ‘‘Director’s’’; tion 136(b)(2)(A) of the Workforce Investment such grants will be coordinated with other (4) in section 21 (29 U.S.C. 718)— Act of 1998 (29 U.S.C. 2871(b)(2)(A)).’’; and services provided under this title. (A) in subsection (b)(1)— (B) in subparagraph (E)(ii), by striking ‘‘, ‘‘(26) SERVICES FOR STUDENTS WITH DISABIL- (i) by striking ‘‘Commissioner’’ the first to the extent the measures are applicable to ITIES.—The State plan shall provide an as- place it appears and inserting ‘‘Director of individuals with disabilities’’; surance satisfactory to the Secretary that the Rehabilitation Services Administra- (2) in paragraph (11)— the State— (A) in subparagraph (D)(i), by inserting be- tion’’; ‘‘(A) has developed and implemented strat- fore the semicolon the following: ‘‘, which (ii) by striking ‘‘(referred to in this sub- egies to address the needs identified in the may be provided using alternative means of section as the ‘Director’)’’; and assessments described in paragraph (15), and meeting participation (such as participation (iii) by striking ‘‘The Commissioner and achieve the goals and priorities identified by through video conferences and conference the Director’’ and inserting ‘‘Both such Di- the State in that paragraph, to improve and calls)’’; and rectors’’; and expand vocational rehabilitation services for (B) by adding at the end the following: (B) by striking ‘‘the Commissioner and the students with disabilities on a statewide ‘‘(G) COORDINATION WITH ASSISTIVE TECH- Director’’ each place it appears and inserting basis in accordance with paragraph (15); and ‘‘both such Directors’’; NOLOGY PROGRAMS.—The State plan shall include an assurance that the designated State ‘‘(B) from funds reserved under section (5) in the heading for subparagraph (B) of 110A, shall carry out programs or activities section 100(d)(2) (29 U.S.C. 720(d)(2)), by strik- unit and the lead agency or implementing entity responsible for carrying out duties designed to improve and expand vocational ing ‘‘COMMISSIONER’’ and inserting ‘‘DIREC- rehabilitation services for students with dis- TOR’’; under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) have developed work- abilities that— (6) in section 401(a)(1) (29 U.S.C. 781(a)(1)), ‘‘(i) facilitate the transition of students by inserting ‘‘of the National Institute on ing relationships and coordinate their activities.’’; with disabilities from the receipt of edu- Disability and Rehabilitation Research’’ cational services in school, to the receipt of after ‘‘Director’’; (3) in paragraph (15)— (A) in subparagraph (A)— vocational rehabilitation services under this (7) in the heading for section 706 (29 U.S.C. title, including, at a minimum, those serv- 796d–1), by striking ‘‘COMMISSIONER’’ and in- (i) in clause (i)— (I) in subclause (II), by striking ‘‘and’’ at ices specified in the interagency agreement serting ‘‘DIRECTOR’’; and required in paragraph (11)(D); (8) in the heading for paragraph (3) of sec- the end; (II) in subclause (III), by adding ‘‘and’’ at ‘‘(ii) improve the achievement of post- tion 723(a) (29 U.S.C. 796f–2(a)), by striking school goals of students with disabilities, in- ‘‘COMMISSIONER’’ and inserting ‘‘DIRECTOR’’. the end; and (III) by adding at the end the following: cluding improving the achievement through (b) EFFECTIVE DATE; APPLICATION.—The ‘‘(IV) students with disabilities, including participation (as appropriate when career amendments made by subsection (a) shall— their need for transition services;’’; goals are discussed) in meetings regarding (1) take effect on the date of the enactment (ii) by redesignating clauses (ii) and (iii) as individualized education programs developed of this Act; and clauses (iii) and (iv), respectively; and under section 614 of the Individuals with Dis- (2) apply with respect to the appointments (iii) by inserting after clause (i) the fol- abilities Education Act (20 U.S.C. 1414); of Directors of the Rehabilitation Services lowing: ‘‘(iii) provide career guidance, career ex- Administration made on or after the date of ‘‘(ii) include an assessment of the transi- ploration services, job search skills and enactment of this Act, and the Directors so tion services provided under this Act, and co- strategies, and technical assistance to stu- appointed. ordinated with transition services provided dents with disabilities; under the Individuals with Disabilities Edu- ‘‘(iv) support the provision of training and SEC. ll78. DEFINITIONS. cation Act (20 U.S.C. 1400 et seq.), about the technical assistance to State and local edu- Section 7 of the Rehabilitation Act of 1973 extent to which those 2 types of services cational agencies and designated State agen- (29 U.S.C. 705) is amended— meet the needs of individuals with disabil- cy personnel responsible for the planning and (1) by redesignating paragraphs (35) ities;’’; provision of services to students with dis- through (39) as paragraphs (36) through (40), (B) in subparagraph (B)(ii), by striking abilities; and respectively; ‘‘and under part B of title VI’’; and ‘‘(v) support outreach activities to stu- (2) in subparagraph (A)(ii) of paragraph (36) (C) in subparagraph (D)— dents with disabilities who are eligible for, (as redesignated by paragraph (1)), by strik- (i) by redesignating clauses (iii), (iv), and and need, services under this title.’’. ing ‘‘paragraph (36)(C)’’ and inserting ‘‘para- (v) as clauses (iv), (v), and (vi), respectively; SEC. ll82. SCOPE OF SERVICES. graph (37)(C)’’; and (ii) by inserting after clause (ii) the fol- Section 103 of the Rehabilitation Act of (3) by inserting after paragraph (34) the following: 1973 (29 U.S.C. 723) is amended— lowing: ‘‘(iii) the methods to be used to improve (1) in subsection (a), by striking paragraph ‘‘(35)(A) The term ‘student with a dis- and expand vocational rehabilitation serv- (15) and inserting the following: ability’ means an individual with a dis- ices for students with disabilities, including ‘‘(15) transition services for students with ability who— the coordination of services designed to fa- disabilities, that facilitate the achievement ‘‘(i) is not younger than 16 and not older cilitate the transition of such students from of the employment outcome identified in the than 21; the receipt of educational services in school individualized plan for employment involved, ‘‘(ii) has been determined to be eligible to the receipt of vocational rehabilitation including services described in clauses (i) under section 102(a) for assistance under this services under this title or to postsecondary through (iii) of section 101(a)(26)(B);’’; title; and education or employment;’’; and (2) in subsection (b), by striking paragraph ‘‘(iii)(I) is eligible for, and is receiving, spe- (iii) in clause (v), as redesignated by clause (6) and inserting the following: cial education under part B of the Individ- (i) of this subparagraph, by striking ‘‘evalua- ‘‘(6)(A)(i) Consultation and technical as- uals with Disabilities Education Act (20 tion standards’’ and inserting ‘‘performance sistance services to assist State and local U.S.C. 1411 et seq.); or standards’’; educational agencies in planning for the ‘‘(II) is an individual with a disability, for (4) in paragraph (22)— transition of students with disabilities from purposes of section 504. (A) in the paragraph heading, by striking school to post-school activities, including ‘‘(B) The term ‘students with disabilities’ ‘‘STATE PLAN SUPPLEMENT’’; employment. means more than 1 student with a dis- (B) by striking ‘‘carrying out part B of ‘‘(ii) Training and technical assistance de- ability.’’. title VI, including’’; and scribed in section 101(a)(26)(B)(iv).

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‘‘(B) Services for groups of individuals with ‘‘(d) APPLICATION.—To receive a grant (B) in subsection (h), by striking ‘‘section disabilities who meet the requirements of under this section, an eligible entity shall 306’’ and inserting ‘‘section 304’’; clauses (i) and (iii) of section 7(35)(A), includ- submit an application to a designated State (3) in section 303 (29 U.S.C. 773)— ing services described in clauses (i), (ii), (iii), agency at such time, in such manner, and (A) in subsection (b)(1), by striking ‘‘sec- and (v) of section 101(a)(26)(B), to assist in containing such information as such agency tion 306’’ and inserting ‘‘section 304’’; and the transition from school to post-school ac- shall require. Such application shall include, (B) in subsection (c)— tivities.’’; and at a minimum— (i) in paragraph (4)— (3) in subsection (b), by inserting at the ‘‘(1) a plan for evaluating the effectiveness (I) by amending subparagraph (A)(ii) to end the following: of the collaborative program; read as follows: ‘‘(7) The establishment, development, or ‘‘(2) a plan for collecting and reporting the ‘‘(ii) to coordinate activities and work improvement of assistive technology dem- data and information described under sub- closely with the parent training and infor- onstration, loan, reutilization, or financing paragraphs (A) through (C) of section mation centers established pursuant to sec- programs in coordination with activities au- 101(a)(10), as determined appropriate by the tion 671 of the Individuals with Disabilities thorized under the Assistive Technology Act designated State agency; and Education Act (20 U.S.C. 1471), the commu- of 1998 (29 U.S.C. 3001 et seq.) to promote ac- ‘‘(3) a plan for providing for the non-Fed- nity parent resource centers established pur- cess to assistive technology for individuals eral share of the costs of the program. suant to section 672 of such Act (29 U.S.C. with disabilities and employers.’’. ‘‘(e) ACTIVITIES.—An eligible entity receiv- 1472), and the eligible entities receiving SEC. ll83. STANDARDS AND INDICATORS. ing a grant under this section shall use the awards under section 673 of such Act (20 (a) IN GENERAL.—Section 106 of the Reha- grant funds to carry out a program that pro- U.S.C. 1473); and’’; and bilitation Act of 1973 (29 U.S.C. 726) is amend- vides one or more of the following: (II) in subparagraph (C), by inserting ‘‘, ed— ‘‘(1) Job development, job placement, and and demonstrate the capacity for serving,’’ (1) in the section heading, by striking career advancement services for individuals after ‘‘serve’’; and (ii) by adding at the end the following: ‘‘EVALUATION STANDARDS’’ and inserting ‘‘PER- with disabilities. ‘‘(8) RESERVATION.—From the amount ap- FORMANCE STANDARDS’’; ‘‘(2) Training in realistic work settings in (2) by striking subsection (a) and inserting order to prepare individuals with disabilities propriated to carry out this subsection for a the following: for employment and career advancement in fiscal year, 20 percent of such amount or ‘‘(a) STANDARDS AND INDICATORS.—The per- the competitive market. $500,000, whichever is less, shall be reserved formance standards and indicators for the ‘‘(3) Providing individuals with disabilities to carry out paragraph (6).’’; vocational rehabilitation program carried with such support services as may be re- (4) by striking sections 304 and 305 (29 out under this title— quired in order to maintain the employment U.S.C. 774, 775); and ‘‘(1) shall be subject to paragraphs (2)(A) and career advancement for which the indi- (5) by redesignating section 306 (29 U.S.C. and (3) of section 136(b) of the Workforce In- viduals have received training. 776) as section 304. vestment Act of 1998 (29 U.S.C. 2871(b)); and ‘‘(f) ELIGIBILITY FOR SERVICES.—An indi- SEC. ll90. REPEAL OF TITLE VI. ‘‘(2) may, at a State’s discretion, include vidual shall be eligible for services provided Title VI of the Rehabilitation Act of 1973 additional indicators identified in the State under a program under this section if the in- (29 U.S.C. 795 et seq.) is repealed. plan submitted under section 101.’’; and dividual is determined under section 102(a)(1) SEC. ll91. TITLE VII GENERAL PROVISIONS. (3) in subsection (b)(2)(B), by striking to be eligible for assistance under this title. (a) PURPOSE.—Section 701(3) of the Reha- clause (i) and inserting the following: ‘‘(g) FEDERAL SHARE.—The Federal share bilitation Act of 1973 (29 U.S.C. 796(3)) is ‘‘(i) on a biannual basis, review the pro- for a program under this section shall not amended by striking ‘‘State programs of sup- gram improvement efforts of the State and, exceed 80 percent of the costs of the pro- ported employment services receiving assist- if the State has not improved its perform- gram.’’. ance under part B of title VI,’’. (b) CHAIRPERSON.—Section 705(b)(5) of the ance to acceptable levels, as determined by SEC. ll86. RESERVATION FOR EXPANDED TRAN- Rehabilitation Act of 1973 (29 U.S.C. the Director, direct the State to make revi- SITION SERVICES. 796d(b)(5)) is amended to read as follows: sions to the plan to improve performance; The Rehabilitation Act of 1973 is amended ‘‘(5) CHAIRPERSON.—The Council shall se- and’’. by inserting after section 110 (29 U.S.C. 730) lect a chairperson from among the voting (b) CONFORMING AMENDMENTS.—Section 107 the following: membership of the Council.’’. of the Rehabilitation Act of 1973 (29 U.S.C. ‘‘SEC. 110A. RESERVATION FOR EXPANDED TRAN- 727) is amended— SITION SERVICES. SEC. ll92. AUTHORIZATIONS OF APPROPRIA- TIONS. (1) in subsections (a)(1)(B) and (b)(2), by ‘‘Each State shall reserve not less than 10 The Rehabilitation Act of 1973 (29 U.S.C. striking ‘‘evaluation standards’’ and insert- percent of the funds allotted to the State 701 et seq.) is further amended— ing ‘‘performance standards’’; and under section 110(a) to carry out programs or (1) in section 100 (29 U.S.C. 720)— (2) in subsection (c)(1)(B), by striking ‘‘an activities under sections 101(a)(26)(B) and (A) in subsection (b)(1), by striking ‘‘such evaluation standard’’ and inserting ‘‘a per- 103(b)(6).’’. sums as may be necessary for fiscal years formance standard’’. SEC. ll87. CLIENT ASSISTANCE PROGRAM. 1999 through 2003’’ and inserting Section 112(e)(1) of the Rehabilitation Act SEC. ll84. EXPENDITURE OF CERTAIN ‘‘$3,121,712,000 for fiscal year 2015 and each of AMOUNTS. of 1973 (29 U.S.C. 732(e)(1)) is amended by re- the 6 succeeding fiscal years’’; and designating subparagraph (D) as subpara- Section 108(a) of the Rehabilitation Act of (B) in subsection (d)(1)(B), by striking graph (E) and inserting after subparagraph 1973 (29 U.S.C. 728(a)) is amended by striking ‘‘2003’’ and inserting ‘‘2021’’; (C) the following: ‘‘under part B of title VI, or’’. (2) in section 110(c) (29 U.S.C. 730(c)), by ‘‘(D) The Secretary shall make grants to SEC. ll85. COLLABORATION WITH INDUSTRY. amending paragraph (2) to read as follows: The Rehabilitation Act of 1973 is amended the protection and advocacy system serving ‘‘(2) The sum referred to in paragraph (1) by inserting after section 109 (29 U.S.C. 728a) the American Indian Consortium under the shall be, as determined by the Secretary, not the following: Developmental Disabilities and Bill of less than 1 percent and not more than 1.5 ‘‘SEC. 109A. COLLABORATION WITH INDUSTRY. Rights Act of 2000 (42 U.S.C. 15001 et seq.) to percent of the amount referred to in para- provide services in accordance with this sec- ‘‘(a) ELIGIBLE ENTITY DEFINED.—For the graph (1) for each of fiscal years 2015 through purposes of this section, the term ‘eligible tion, as determined by the Secretary. The 2020.’’; entity’ means a for-profit business, alone or amount of such grants shall be the same as (3) in section 112(h) (29 U.S.C. 732(h)), by in partnership with one or more of the fol- the amount provided to territories under striking ‘‘such sums as may be necessary for lowing: this subsection.’’. fiscal years 1999 through 2003’’ and inserting ‘‘(1) Community rehabilitation program SEC. ll88. RESEARCH. ‘‘$12,240,000 for fiscal year 2015 and each of providers. Section 204(a)(2)(A) of the Rehabilitation the 6 succeeding fiscal years’’; ‘‘(2) Indian tribes. Act of 1973 (29 U.S.C. 764(a)(2)(A)) is amended (4) by amending subsection (a) of section ‘‘(3) Tribal organizations. by striking ‘‘VI,’’. 201 (29 U.S.C. 761(a)) to read as follows: ‘‘(a) ‘‘(b) AUTHORITY.—A State shall use not less SEC. ll89. TITLE III AMENDMENTS. There are authorized to be appropriated than one-half of one percent of the payment Title III of the Rehabilitation Act of 1973 $108,817,000 for fiscal year 2015 and each of the State receives under section 111 for a fis- (29 U.S.C. 771 et seq.) is amended— the 6 succeeding fiscal years to carry out cal year to award grants to eligible entities (1) in section 301(a) (21 U.S.C. 771(a))— this title.’’; to pay for the Federal share of the cost of (A) in paragraph (2), by inserting ‘‘and’’ at (5) in section 302(i) (29 U.S.C. 772(i)), by carrying out collaborative programs, to cre- the end; striking ‘‘such sums as may be necessary for ate practical job and career readiness and (B) by striking paragraphs (3) and (4); and each of the fiscal years 1999 through 2003’’ training programs, and to provide job place- (C) by redesignating paragraph (5) as para- and inserting ‘‘$35,515,000 for fiscal year 2015 ments and career advancement. graph (3); and each of the 6 succeeding fiscal years’’; ‘‘(c) AWARDS.—Grants under this section (2) in section 302 (29 U.S.C. 772)— (6) in section 303(e) (29 U.S.C. 773(e)), by shall— (A) in subsection (g)— striking ‘‘such sums as may be necessary for ‘‘(1) be awarded for a period not to exceed (i) in the heading, by striking ‘‘AND IN- each of the fiscal years 1999 through 2003’’ 5 years; and SERVICE TRAINING’’; and and inserting ‘‘$5,325,000 for fiscal year 2015 ‘‘(2) be awarded competitively. (ii) by striking paragraph (3); and and each of the 6 succeeding fiscal years’’;

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2014 CONGRESSIONAL RECORD — SENATE April 1, 2014 (7) in section 405 (29 U.S.C. 785), by striking fore receiving such training services, such ments made by this section using appro- ‘‘such sums as may be necessary for each of individuals have exhausted funds received priate electronic data. the fiscal years 1999 through 2003’’ and in- through the Federal Pell Grant program (c) EFFECTIVE DATE.—The amendments serting ‘‘$3,258,000 for fiscal year 2015 and under title IV of the Higher Education Act of made by this section shall apply with respect each of the 6 succeeding fiscal years’’; 1965 (20 U.S.C. 1070 et seq.); and to months beginning after the date of the en- (8) in section 502(j) (29 U.S.C. 792(j)), by (2) makes appropriate recommendations actment of this Act. striking ‘‘such sums as may be necessary for with respect to the matters evaluated under each of the fiscal years 1999 through 2003’’ paragraph (1). SA 2914. Mr. RUBIO submitted an and inserting ‘‘$7,400,000 for fiscal year 2015 SEC. ll97. STUDY BY THE COMPTROLLER GEN- amendment intended to be proposed by and each of the 6 succeeding fiscal years’’; ERAL ON ADMINISTRATIVE COST him to the bill H.R. 3979, to amend the (9) in section 509(l) (29 U.S.C. 794e(l)), by SAVINGS. Internal Revenue Code of 1986 to ensure striking ‘‘such sums as may be necessary for (a) STUDY.—Not later than 12 months after that emergency services volunteers are each of the fiscal years 1999 through 2003’’ the date of the enactment of this Act, the not taken into account as employees and inserting ‘‘$18,031,000 for fiscal year 2015 Comptroller General of the United States and each of the 6 succeeding fiscal years’’; shall complete and submit to the Committee under the shared responsibility re- (10) in section 714 (29 U.S.C. 796e–3), by on Education and the Workforce of the quirements contained in the Patient striking ‘‘such sums as may be necessary for House of Representatives and the Committee Protection and Affordable Care Act; each of the fiscal years 1999 through 2003’’ on Health, Education, Labor, and Pensions of which was ordered to lie on the table; and inserting ‘‘$23,359,000 for fiscal year 2015 the Senate a report that— as follows: and each of the 6 succeeding fiscal years’’; (1) determines the amount of administra- At the appropriate place, insert the fol- (11) in section 727 (29 U.S.C. 796f–6), by tive costs at the Federal and State levels for lowing: striking ‘‘such sums as may be necessary for the most recent fiscal year for which satis- SEC. 3. ALTERNATIVE QUALIFICATIONS FOR FED- each of the fiscal years 1999 through 2003’’ factory data are available for— ERAL EMPLOYMENT. (A) each of the programs authorized under and inserting ‘‘$79,953,000 for fiscal year 2015 (a) DEFINITIONS.—In this section— and each of the 6 succeeding fiscal years’’; the Workforce Investment Act of 1998 (29 (1) the term ‘‘agency’’ has the meaning and U.S.C. 2801 et seq.) or repealed under section given the term ‘‘Executive agency’’ in sec- (12) in section 753 (29 U.S.C. 796l), by strik- ll71 of this title, as such programs were in tion 105 of title 5, United States Code; ing ‘‘such sums as may be necessary for each effect for such fiscal year; and (2) the term ‘‘Director’’ means the Director of the fiscal years 1999 through 2003’’ and in- (B) each of the programs described in sub- of the Office of Personnel Management; and serting ‘‘$34,018,000 for fiscal year 2015 and paragraph (A) that have been repealed or (3) the term ‘‘individual with alternative each of the 6 succeeding fiscal years’’. consolidated on or after the date of enact- educational experience’’ means an individual SEC. ll93. CONFORMING AMENDMENTS. ment of this Act; who— Section 1(b) of the Rehabilitation Act of (2) determines the amount of administra- (A) does not have a degree from an institu- 1973 is amended— tive cost savings at the Federal and State tion of higher education (as defined in sec- (1) by inserting after the item relating to levels as a result of repealing and consoli- tion 101(a) of the Higher Education Act of section 109 the following: dating programs by calculating the dif- 1965 (20 U.S.C. 1001(a)); and ‘‘Sec. 109A. Collaboration with industry.’’; ferences in the amount of administrative (B) has received training or education in 1 (2) by inserting after the item relating to costs between subparagraph (A) and subpara- or more subject areas or occupational fields section 110 the following: graph (B) of paragraph (1); and from an educational provider that does not ‘‘Sec. 110A. Reservation for expanded transi- (3) estimates the administrative cost sav- meet the requirements of such section 101(a). tion services.’’; ings at the Federal and State levels for a fis- (b) ESTABLISHMENT OF PILOT PROGRAM; (3) by striking the item related to section cal year as a result of States consolidating PILOT PROGRAM SPECIFICATIONS.— 304 and inserting the following: amounts under section 501(e) of the Work- (1) ESTABLISHMENT OF PILOT PROGRAM.—Not ‘‘Sec. 304. Measuring of project outcomes force Investment Act of 1998 (20 U.S.C. later than 6 months after the date of enact- and performance.’’; 9271(e)) to reduce inefficiencies in the admin- ment of this Act, the Director shall establish (4) by striking the items related to sec- istration of federally-funded State and local a pilot program to appoint to positions in tions 305 and 306; employment and training programs. the civil service individuals with alternative (5) by striking the items related to title (b) DEFINITION.—For purposes of this sec- educational experience, in accordance with VI; and tion, the term ‘‘administrative costs’’ has paragraph (2). (6) by striking the item related to section the meaning given the term in section 101 of (2) PILOT PROGRAM SPECIFICATIONS.— 706 and inserting the following: the Workforce Investment Act of 1998 (29 (A) IN GENERAL.—In carrying out the pilot ‘‘Sec. 706. Responsibilities of the Direc- U.S.C. 2801). program established under paragraph (1), the tor.’’. Director shall select positions in the civil Subtitle F—Studies by the Comptroller SA 2913. Mr. VITTER submitted an service for which the employing agency— General amendment intended to be proposed by (i) is accepting applications for employ- SEC. ll96. STUDY BY THE COMPTROLLER GEN- him to the bill H.R. 3979, to amend the ment as of the date of establishment of the ERAL ON EXHAUSTING FEDERAL Internal Revenue Code of 1986 to ensure pilot program, or is likely to accept applica- PELL GRANTS BEFORE ACCESSING that emergency services volunteers are tions for employment within 1 year of such WIA FUNDS. not taken into account as employees date; Not later than 12 months after the date of under the shared responsibility re- (ii) may not require an individual to have enactment of this Act, the Comptroller Gen- a degree from an institution of higher edu- eral of the United States shall complete and quirements contained in the Patient cation (as defined in section 101(a) of the submit to the Committee on Education and Protection and Affordable Care Act; Higher Education Act of 1965 (20 U.S.C. the Workforce of the House of Representa- which was ordered to lie on the table; 1001(a)) in order to be appointed to such posi- tives and the Committee on Health, Edu- as follows: tions; and cation, Labor, and Pensions of the Senate a At the appropriate place, insert the fol- (iii) shall consider an application for em- report that— lowing: ployment, if any, from an individual with al- (1) evaluates the effectiveness of subpara- SEC. lll. DISQUALIFICATION ON RECEIPT OF ternative educational experience. graph (B) of section 134(d)(4) of the Work- DISABILITY INSURANCE BENEFITS (B) SCOPE AND NUMBER OF POSITIONS SE- force Investment Act of 1998 (29 U.S.C. IN A MONTH FOR WHICH EMER- LECTED.— 2864(d)(4)(B)) (as such subparagraph was in GENCY UNEMPLOYMENT COM- (i) POSITIONS SELECTED.—The Director effect on the day before the date of enact- PENSATION IS RECEIVED. shall select not less than 25 positions under ment of this Act), including— (a) IN GENERAL.—Section 4001 of the Sup- subparagraph (A) during each of fiscal years (A) a review of the regulations and guid- plemental Appropriations Act, 2008 (Public 2015 through 2019. ance issued by the Secretary of Labor to Law 110-252; 26 U.S.C. 3304 note) is amended (ii) OCCUPATIONAL FIELDS COVERED.—The State and local areas on how to comply with by adding at the end the following new sub- positions selected under clause (i) shall be such subparagraph; section: from across not less than 10 diverse occupa- (B) a review of State policies to determine ‘‘(k) DISQUALIFICATION ON RECEIPT OF DIS- tional fields. how local areas are required to comply with ABILITY INSURANCE BENEFITS.—If for any (c) REPORT TO CONGRESS.—Not later than such subparagraph; month an individual is entitled to emer- December 31, 2020, the Director shall submit (C) a review of local area policies to deter- gency unemployment compensation under to Congress a report on the pilot program es- mine how one-stop operators are required to this title, such individual shall be deemed to tablished under subsection (b)(1), which shall comply with such subparagraph; and have engaged in substantial gainful activity include— (D) a review of a sampling of individuals for such month for purposes of sections 222 (1) the number and description of the posi- receiving training services under section and 223 of the Social Security Act.’’. tions selected under subsection (b)(2), includ- 134(d)(4) of the Workforce Investment Act of (b) DATA MATCHING.—The Commissioner of ing the geographic locations and occupa- 1998 (29 U.S.C. 2864(d)(4)) to determine if, be- Social Security shall implement the amend- tional fields of such positions;

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2015 (2) the number of individuals with alter- tion, administration, or enforcement of a the Office of Regulatory Analysis for each native educational experience whose applica- covered Federal rule; or fiscal year such sums as may be necessary to tions were considered for a position selected ‘‘(B) costs incurred by an Executive branch enable the Office of Regulatory Analysis to under subsection (b)(2); agency, a Government corporation, the carry out its duties and functions. (3) the number of individuals with alter- United States Postal Service, or any other ‘‘§ 615. Functions of Office of Regulatory native educational experience who were ap- instrumentality of the Federal Government Analysis; Executive branch agency compli- pointed to a position selected under sub- because of a covered Federal rule; ance section (b)(2); and ‘‘(4) the term ‘Director’ means the Director ‘‘(a) ANNUAL REPORT REQUIRED.— (4) the number of individuals described in of the Office of Regulatory Analysis estab- ‘‘(1) IN GENERAL.—Not later than January paragraph (3) who, as of the end of fiscal year lished under section 614(b); 30 of each year, the Director shall submit to 2019, with respect to the position to which ‘‘(5) the term ‘Executive branch agency’ the Committee on Homeland Security and the individual was appointed under the pilot means— Governmental Affairs of the Senate, the program— ‘‘(A) an Executive department (as defined Committee on Small Business and Entrepre- (A) continued to occupy the position; in section 101); and neurship of the Senate, the Committee on (B) were promoted; or ‘‘(B) an independent establishment (as de- Oversight and Government Reform of the (C) were terminated. fined in section 104); House of Representatives, and the Com- ‘‘(6) the term ‘regulated entity’ means— mittee on Small Business of the House of SA 2915. Mr. RUBIO submitted an ‘‘(A) a for-profit private sector entity (in- Representatives a Report on National Regu- amendment intended to be proposed by cluding an individual who is in business as a latory Costs (referred to in this section as him to the bill H.R. 3979, to amend the sole proprietor); the ‘Report’) that includes the information Internal Revenue Code of 1986 to ensure ‘‘(B) a not-for-profit private sector entity; specified under paragraph (2). that emergency services volunteers are or ‘‘(2) CONTENTS.—Each Report shall include– not taken into account as employees ‘‘(C) a State or local government; and ‘‘(A) an estimate, for the fiscal year during ‘‘(7) the term ‘regulatory costs’ means all which the Report is submitted and for the under the shared responsibility re- costs incurred by a regulated entity because preceding fiscal year, of— quirements contained in the Patient of covered Federal rules. ‘‘(i) the regulatory costs imposed by each Protection and Affordable Care Act; ‘‘§ 614. Office of Regulatory Analysis; estab- Executive branch agency on regulated enti- which was ordered to lie on the table; lishment; powers ties; ‘‘(ii) the aggregate costs imposed by each as follows: ‘‘(a) ESTABLISHMENT.—There is established Executive branch agency; At the appropriate place, insert the fol- in the executive branch an independent es- ‘‘(iii) the aggregate costs imposed by all lowing: tablishment to be known as the ‘Office of Executive branch agencies combined; SEC. ll. NATIONAL REGULATORY BUDGET ACT. Regulatory Analysis’. ‘‘(iv) the direct costs incurred by the Fed- (a) SHORT TITLE.—This section may be ‘‘(b) DIRECTOR.— eral Government because of covered Federal cited as the ‘‘National Regulatory Budget ‘‘(1) ESTABLISHMENT OF POSITION.—There rules issued by each Executive branch agen- Act of 2014’’. shall be at the head of the Office of Regu- cy; (b) ESTABLISHMENT OF THE OFFICE OF REGU- latory Analysis a Director, who shall be ap- ‘‘(v) the sum of the costs described in LATORY ANALYSIS.— pointed by the President, by and with the ad- clauses (iii) and (iv); (1) IN GENERAL.—Part I of title 5, United vice and consent of the Senate. ‘‘(vi) the regulatory costs imposed by each States Code, is amended by inserting after ‘‘(2) TERM.— Executive branch agency on small busi- chapter 6 the following: ‘‘(A) IN GENERAL.—The term of office of the nesses, small organizations, and small gov- Director shall— ‘‘CHAPTER 6A—NATIONAL REGULATORY ernmental jurisdictions (as those terms are ‘‘(i) be 4 years; and BUDGET AND OFFICE OF REGULATORY defined in section 601); and ‘‘(ii) expire on the last day of February fol- ANALYSIS ‘‘(vii) the sum of the costs described in ‘‘Sec. lowing each Presidential election. clause (vi); ‘‘613. Definitions. ‘‘(B) APPOINTMENTS PRIOR TO EXPIRATION OF ‘‘(B) an analysis of any major changes in ‘‘614. Office of Regulatory Analysis; estab- TERM.—Subject to subparagraph (C), an indi- estimation methodology used by the Office lishment; powers. vidual appointed as Director to fill a vacancy of Regulatory Analysis since the previous ‘‘615. Functions of Office of Regulatory Anal- prior to the expiration of a term shall serve annual report; ysis; Executive branch agency only for the unexpired portion of the term. ‘‘(C) an analysis of any major estimate compliance. ‘‘(C) SERVICE UNTIL APPOINTMENT OF SUC- changes caused by improved or inadequate ‘‘616. Public disclosure of estimate method- CESSOR.—An individual serving as Director data since the previous annual report; ology and data; privacy. at the expiration of a term may continue to ‘‘(D) recommendations, both general and ‘‘617. National Regulatory Budget; timeline. serve until a successor is appointed. specific, regarding— ‘‘618. Executive branch agency cooperation ‘‘(3) POWERS.— ‘‘(i) how regulations may be streamlined, mandatory; information shar- ‘‘(A) APPOINTMENT OF DEPUTY DIRECTORS, simplified, and modernized; ing. OFFICERS, AND EMPLOYEES.— ‘‘(ii) regulations that should be repealed; ‘‘619. Enforcement. ‘‘(i) IN GENERAL.—The Director may ap- ‘‘620. Regulatory Analysis Advisory Board. and point Deputy Directors, officers, and employ- ‘‘(iii) how the Federal Government may re- ‘‘§ 613. Definitions ees, including attorneys, in accordance with duce the costs of regulations without dimin- ‘‘In this chapter— chapter 51 and subchapter III of chapter 53. ishing the effectiveness of regulations; and ‘‘(1) the term ‘aggregate costs’, with re- ‘‘(ii) TERM OF DEPUTY DIRECTORS.—A Dep- ‘‘(E) any other information that the Direc- spect to a covered Federal rule, means the uty Director shall serve until the expiration tor determines may be of assistance to Con- sum of— of the term of office of the Director who ap- gress in determining the National Regu- ‘‘(A) the direct costs of the covered Federal pointed the Deputy Director (and until a suc- latory Budget required under section 617. rule; and cessor to that Director is appointed), unless ‘‘(b) REGULATORY ANALYSIS OF NEW ‘‘(B) the regulatory costs of the covered sooner removed by the Director. RULES.— Federal rule; ‘‘(B) CONTRACTING.— ‘‘(1) REQUIREMENT.—The Director shall ‘‘(2) the term ‘covered Federal rule’ ‘‘(i) IN GENERAL.—The Director may con- publish in the Federal Register and on the means— tract for financial and administrative serv- website of the Office of Regulatory Analysis ‘‘(A) a rule (as defined in section 551); ices (including those related to budget and a regulatory analysis of each proposed cov- ‘‘(B) an information collection require- accounting, financial reporting, personnel, ered Federal rule issued by an Executive ment given a control number by the Office of and procurement) with the General Services branch agency, and each proposed with- Management and Budget; or Administration, or such other Federal agen- drawal or modification of a covered Federal ‘‘(C) guidance or a directive that— cy as the Director determines appropriate, rule by an Executive branch agency, that— ‘‘(i) is not described in subparagraph (A) or for which payment shall be made in advance, ‘‘(A) imposes costs on a regulated entity; (B); or by reimbursement, from funds of the Of- or ‘‘(ii)(I) is mandatory in its application to fice of Regulatory Analysis in such amounts ‘‘(B) reduces costs imposed on a regulated regulated entities; or as may be agreed upon by the Director and entity. ‘‘(II) represents a statement of agency po- the head of the Federal agency providing the ‘‘(2) CONTENTS.—Each regulatory analysis sition that regulated entities would reason- services. published under paragraph (1) shall include— ably construe as reflecting the enforcement ‘‘(ii) SUBJECT TO APPROPRIATIONS.—Con- ‘‘(A) an estimate of the change in regu- or litigation position of the agency; and tract authority under clause (i) shall be ef- latory cost of each proposed covered Federal ‘‘(iii) imposes not less than $25,000,000 in fective for any fiscal year only to the extent rule (or proposed withdrawal or modification annual costs on regulated entities; that appropriations are available for that of a covered Federal rule); and ‘‘(3) the term ‘direct costs’ means— purpose. ‘‘(B) any other information or rec- ‘‘(A) expenditures made by an Executive ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ommendation that the Director may choose branch agency that relate to the promulga- There are authorized to be appropriated to to provide.

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‘‘(3) TIMING OF REGULATORY ANALYSIS.— for the fiscal year beginning on October 1 of ‘‘(3) SCOPE.—A memorandum of under- ‘‘(A) INITIAL REGULATORY ANALYSIS.—Not that year; and standing entered into by the Director and an later than 60 days after the date on which ‘‘(B) the Committee on Small Business of Executive branch agency under paragraph (1) the Director receives a copy of a proposed the House of Representatives shall refer to shall— covered Federal rule from the head of an Ex- the Committee on Oversight and Govern- ‘‘(A) be general in scope; and ecutive branch agency under paragraph (4), ment Reform of the House of Representa- ‘‘(B) govern all pending and future requests the Director shall publish an initial regu- tives a bill that sets forth a National Regu- made to the Executive branch agency by the latory analysis. latory Budget for the fiscal year beginning Director. ‘‘(B) REVISED REGULATORY ANALYSIS.—The on October 1 of that year. ‘‘(c) SANCTIONS FOR NON-COOPERATION.— Director may publish a revised regulatory ‘‘(2) REPORTING.—Not later than May 31 of ‘‘(1) IN GENERAL.—The appropriations of an analysis at any time. each year— Executive branch agency for a fiscal year ‘‘(4) NOTICE TO DIRECTOR OF PROPOSED COV- ‘‘(A) the Committee on Homeland Security shall be reduced by one-half of 1 percent if, ERED FEDERAL RULE.—The head of an Execu- and Governmental Affairs of the Senate shall during that fiscal year, the Director finds tive branch agency shall provide a copy of report a bill establishing a National Regu- that— each proposed covered Federal rule to the Di- latory Budget for the fiscal year beginning ‘‘(A) the Executive branch agency has rector in a manner prescribed by the Direc- on October 1 of that year; and failed to timely provide information that the tor. ‘‘(B) the Committee on Oversight and Gov- Director requested under subsection (a); ‘‘(c) EFFECTIVE DATES.— ernment Reform of the House of Representa- ‘‘(B) the Director has provided notice of ‘‘(1) IN GENERAL.—Except as provided in tives shall report a bill establishing a Na- the failure described in subparagraph (A) to paragraph (2), a covered Federal rule may tional Regulatory Budget for the fiscal year the Executive branch agency; not take effect earlier than 75 days after the beginning on October 1 of that year. ‘‘(C) the Executive branch agency has date on which the head of the Executive ‘‘(c) PASSAGE.—Not later than July 31 of failed to cure the failure described in sub- branch agency proposing the covered Federal each year, the House of Representatives and paragraph (A) within 30 days of being noti- rule submits a copy of the proposed covered the Senate shall each pass a bill establishing fied under subparagraph (B); and Federal rule to the Director in the manner a National Regulatory Budget for the fiscal ‘‘(D) the information that the Director re- prescribed by the Director under subsection year beginning on October 1 of that year. quested under subsection (a)— (b)(4). ‘‘(d) PRESENTMENT.—Not later than Sep- ‘‘(i) is in the possession of the Executive tember 15 of each year, Congress shall pass ‘‘(2) EXCEPTION.—If the head of the Execu- branch agency; or and present to the President a National Reg- tive branch agency proposing a covered Fed- ‘‘(ii) may reasonably be developed by the ulatory Budget for the fiscal year beginning eral rule determines that the public health Executive branch agency. on October 1 of that year. or safety or national security requires that ‘‘(2) SEQUESTRATION.—The Office of Man- ‘‘(e) DEFAULT BUDGET.— the covered Federal rule be promulgated ear- agement and Budget, in consultation with ‘‘(1) IN GENERAL.—If a National Regulatory lier than the date specified under paragraph Budget is not enacted with respect to a fiscal the Office of Federal Financial Management (1), the head of the Executive branch agency year, the most recently enacted National and Financial Management Service, shall en- may promulgate the covered Federal rule Regulatory Budget shall apply to that fiscal force a reduction in appropriations under without regard to paragraph (1). year. paragraph (1) by sequestering the appropriate amount of funds and returning the ‘‘§ 616. Public disclosure of estimate method- ‘‘(2) DEFAULT INITIAL BUDGET.— funds to the Treasury. ology and data; privacy ‘‘(A) CALCULATION.—If a National Regu- ‘‘(a) PRIVACY.—The Director shall comply latory Budget is not enacted with respect to ‘‘(3) APPEALS.— with all relevant privacy laws, including— a fiscal year, and no National Regulatory ‘‘(A) IN GENERAL.—The Director of the Of- ‘‘(1) the Confidential Information Protec- Budget has previously been enacted— fice of Management and Budget may reduce tion and Statistical Efficiency Act of 2002 (44 ‘‘(i) the annual agency regulatory cost cap the amount of, or except as provided in sub- U.S.C. 3501 note); for an Executive branch agency for the fiscal paragraph (B), waive, a sanction imposed ‘‘(2) section 9 of title 13; and year shall be equal to the amount of regu- under paragraph (1) if the Director of the Of- ‘‘(3) section 6103 of the Internal Revenue latory costs imposed by that Executive fice of Management and Budget finds that— Code of 1986. branch agency on regulated entities during ‘‘(i) the sanction is unwarranted; ‘‘(b) DISCLOSURE.— the preceding fiscal year, as estimated by ‘‘(ii) the sanction is disproportionate to ‘‘(1) IN GENERAL.—To the maximum extent the Director in the annual report submitted the gravity of the failure; permitted by law, the Director shall disclose, to Congress under section 615(a); and ‘‘(iii) the failure has been cured; or by publication in the Federal Register and ‘‘(ii) the annual overall regulatory cost cap ‘‘(iv) providing the requested information on the website of the Office of Regulatory for the fiscal year shall be equal to the sum would adversely affect national security. Analysis, the methodology and data used to of the amounts described in clause (i). ‘‘(B) NO WAIVER FOR HISTORICALLY NON-COM- PLIANT AGENCIES.—The Director of the Office generate the estimates in the Report on Na- ‘‘(B) EFFECT.—For purposes of section 619, tional Regulatory Costs required under sec- an annual agency regulatory cost cap de- of Management and Budget may not waive a tion 615. scribed in subparagraph (A) that applies to a sanction imposed on an Executive branch ‘‘(2) GOAL OF DISCLOSURE.—In disclosing fiscal year shall have the same effect as if agency under paragraph (1) if the Executive the methodology and data under paragraph the annual agency regulatory cost cap were branch agency has a history of non-compli- (1), the Director shall seek to provide suffi- part of a National Regulatory Budget appliance with requests for information by the cient information so that outside researchers cable to that fiscal year. Director of the Office of Regulatory Analysis may replicate the results contained in the ‘‘(f) INITIAL BUDGET.—The first National under subsection (a). Report on National Regulatory Costs. Regulatory Budget shall be with respect to ‘‘(d) NATIONAL SECURITY.—The Director ‘‘§ 617. National Regulatory Budget; timeline fiscal year 2016. may not require an Executive branch agency to provide information under subsection (a) ‘‘(a) DEFINITION.—In this section— ‘‘§ 618. Executive branch agency cooperation that would adversely affect national secu- ‘‘(1) the term ‘annual overall regulatory mandatory; information sharing rity. cost cap’ means the maximum amount of ‘‘(a) EXECUTIVE BRANCH AGENCY COOPERA- regulatory costs that all Executive branch TION MANDATORY.—Not later than 45 days ‘‘§ 619. Enforcement agencies combined may impose in a fiscal after the date on which the Director requests ‘‘(a) EXCEEDING ANNUAL AGENCY REGU- year; any information from an Executive branch LATORY COST CAP.—An Executive branch ‘‘(2) the term ‘annual agency regulatory agency, the Executive branch agency shall agency that exceeds the annual agency regu- cost cap’ means the maximum amount of provide the Director with the information. latory cost cap imposed by the National Reg- regulatory costs that an Executive branch ‘‘(b) MEMORANDA OF UNDERSTANDING RE- ulatory Budget for a fiscal year may not pro- agency may impose in a fiscal year; and GARDING CONFIDENTIALITY.— mulgate a new covered Federal rule that in- ‘‘(3) the term ‘National Regulatory Budget’ ‘‘(1) IN GENERAL.—An Executive branch creases regulatory costs until the Executive means an Act of Congress that establishes, agency may require the Director to enter branch agency no longer exceeds the annual for a fiscal year— into a memorandum of understanding re- agency regulatory cost cap imposed by the ‘‘(A) the annual overall regulatory cost garding the confidentiality of information applicable National Regulatory Budget. cap; and provided by the Executive branch agency to ‘‘(b) DETERMINATION OF DIRECTOR.— ‘‘(B) an annual agency regulatory cost cap the Director under subsection (a) as a condi- ‘‘(1) IN GENERAL.—An Executive branch for each Executive branch agency. tion precedent to providing any requested in- agency may not promulgate a covered Fed- ‘‘(b) COMMITTEE DEADLINES.— formation. eral rule unless the Director determines, in ‘‘(1) REFERRAL.—Not later than March 31 of ‘‘(2) DEGREE OF CONFIDENTIALITY OR DATA conducting the regulatory analysis of the each year— PROTECTION.—An Executive branch agency covered Federal rule under section ‘‘(A) the Committee on Small Business and may not require a greater degree of confiden- 615(b)(3)(A) that, after the Executive branch Entrepreneurship of the Senate shall refer to tiality or data protection from the Director agency promulgates the covered Federal the Committee on Homeland Security and in a memorandum of understanding entered rule, the Executive branch agency will not Governmental Affairs of the Senate a bill into under paragraph (1) than the Executive exceed the annual agency regulatory cost that sets forth a National Regulatory Budget branch agency itself must adhere to. cap for that Executive branch agency.

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‘‘(2) TIMING.—The Director shall make a (iii) chapter 35 of title 44, United States noted this as a challenge in providing entre- determination under paragraph (1) with re- Code (commonly known as the ‘‘Paperwork preneurship training. However, supplemental spect to a proposed covered Federal rule not Reduction Act’’; data options for some performance measures, later than 60 days after the Director receives (iv) each Executive Order that mandates combined with performance target negotia- a copy of the proposed covered Federal rule economic analysis of Federal regulations; tions, offer flexibility to accommodate en- under section 615(b)(4). and trepreneurship training within the workforce ‘‘(c) EFFECT OF VIOLATION OF THIS SEC- (v) Office of Management and Budget cir- system.’’ TION.— culars, directives, and memoranda that man- (5) There are many existing supplemental ‘‘(1) NO FORCE OR EFFECT.—A covered Fed- date the economic analysis of Federal regu- data sources and authorities that can be eral rule that is promulgated in violation of lation. used to better measure the success of an en- this section shall have no force or effect. (B) RECOMMENDATIONS.—The report under trepreneurial training program. ‘‘(2) JUDICIAL ENFORCEMENT.—Any party subparagraph (A) shall include recommenda- (6) All reasonable effort should be made by may bring an action in a district court of the tions about how Federal regulatory analysis the Secretary of Labor to reduce regulatory United States to declare that a covered Fed- may be improved. barriers and disincentives that discourage eral rule has no force or effect because the (d) ADMINISTRATIVE PROCEDURE.— local workforce investment boards from of- covered Federal rule was promulgated in vio- (1) DEFINITION OF ‘‘RULE’’.—Section 551(4) of fering entrepreneurial training programs. (c) RULEMAKING.— lation of this section. title 5, United States Code, is amended by inserting after ‘‘requirements of an agency’’ (1) IN GENERAL.—Not later than 60 days ‘‘§ 620. Regulatory Analysis Advisory Board the following: ‘‘, whether or not the agency after the date of enactment of this Act, the Secretary of Labor shall establish alternate ‘‘(a) ESTABLISHMENT OF BOARD.—In accord- statement amends the Code of Federal Regu- standards for measuring the progress of ance with the Federal Advisory Committee lations and including, without limitation, a State and local performance for entrepre- Act (5 U.S.C. App.), the Director shall— statement described by the agency as a regu- neurial training services, as authorized in ‘‘(1) establish a Regulatory Analysis Advi- lation, rule, directive, or guidance,’’. section 134(d)(4)(D)(vi) of the Workforce In- sory Board; and (2) NOTICE OF PROPOSED RULEMAKING.—Sec- vestment Act of 1998 (29 U.S.C. ‘‘(2) appoint not fewer than 9 and not more tion 553(b) of title 5, United States Code, is 2864(d)(4)(D)(vi)), and provide the State and than 15 individuals as members of the Regu- amended, following the flush text, in sub- local workforce investment boards with spe- latory Analysis Advisory Board. paragraph (A) by striking ‘‘interpretative rules, general statements of policy, or’’. cific guidance on successful approaches to ‘‘(b) QUALIFICATIONS.—The Director shall collecting performance information on en- appoint individuals with technical and prac- SA 2916. Mrs. FISCHER submitted an trepreneurial training services. tical expertise in economics, law, account- (2) CONSIDERATIONS.—In determining the ing, science, management, and other areas amendment intended to be proposed by her to the bill H.R. 3979, to amend the alternate standards, the Secretary shall con- that will aid the Director in preparing the sider using standards based, for participants annual Report on National Regulatory Costs Internal Revenue Code of 1986 to ensure in such services, on— required under section 615.’’. that emergency services volunteers are (A) obtaining a State license, or a Federal (2) TECHNICAL AND CONFORMING AMEND- not taken into account as employees or State tax identification number, for a cor- MENTS.— under the shared responsibility re- responding business; (A) TABLE OF CHAPTERS.—The table of quirements contained in the Patient (B) documenting income from a cor- chapters for part I of title 5, United States Protection and Affordable Care Act; responding business; or Code, is amended by inserting after the item (C) filing a Federal or State tax return for relating to chapter 6 the following: which was ordered to lie on the table; as follows: a corresponding business. (3) AUTHORITIES.—In determining the alter- ‘‘6A. National Regulatory Budget At the end, insert the following: and Office of Regulatory Analysis 613’’. nate standards, the Secretary shall consider SEC. ll. ENTREPRENEURIAL TRAINING. utilizing authorities granted under the (B) INTERNAL REVENUE CODE OF 1986.—Sec- (a) SHORT TITLE.—This section may be Workforce Investment Act of 1998 (29 U.S.C. tion 6103(j) of the Internal Revenue Code of cited as the ‘‘Entrepreneurial Training Im- 2801 et seq.), including a State’s waiver au- 1986 is amended by adding at the end the fol- provement Act of 2014’’. thority, as authorized in section 189(i)(4) of lowing: (b) FINDINGS.—Congress finds the fol- such Act (29 U.S.C. 2939(i)(4)). ‘‘(7) OFFICE OF REGULATORY ANALYSIS.— lowing: (4) REPORT.—The Secretary shall prepare a Upon written request by the Director of the (1) Entrepreneurship represents an impor- report on the progress of State and local Office of Regulatory Analysis established tant part of the economic recovery. Accord- workforce investment boards in imple- under section 614 of title 5, United States ing to the 2012 Kauffman Index of Entrepre- menting new programs of entrepreneurial Code, the Secretary shall furnish to officers neurial Activity, adults in the United States training services and any ongoing challenges and employees of the Office of Regulatory created an average of 543,000 new businesses to offering such programs, with rec- Analysis return information for the purpose each month in 2011, among the highest levels ommendations on how best to address those of, but only to the extent necessary for, an of entrepreneurship in the last 16 years. challenges. Not later than 12 months after analysis of regulatory costs.’’. (2) Of the estimated 27,500,000 small busi- publication of the final regulations estab- (c) REPORT ON DUPLICATIVE PERSONNEL; RE- nesses in the United States, 21,400,000 had no lishing the alternate standards, the Sec- PORT ON REGULATORY ANALYSIS.— employees in 2008, according to the Office of retary shall submit the report to the Com- (1) DEFINITIONS.—In this subsection— Advocacy of the Small Business Administra- mittee on Education and the Workforce and (A) the term ‘‘Director’’ means the Direc- tion. the Committee on Small Business of the tor of the Office of Regulatory Analysis; and (3) According to a January 2010 report enti- House of Representatives and the Committee (B) the term ‘‘Office of Regulatory Anal- tled ‘‘Think Entrepreneurs: A Call to Ac- on Health, Education, Labor, and Pensions ysis’’ means the Office of Regulatory Anal- tion’’ prepared by the Consortium for Entre- and the Committee on Small Business and ysis established under section 614(a) of title preneurship Education for the Employment Entrepreneurship of the Senate. 5, United States Code (as added by sub- and Training Administration of the Depart- section (b)). ment of Labor, ‘‘Entrepreneurship is not well SA 2917. Mr. SESSIONS (for himself, (2) REPORT ON DUPLICATIVE PERSONNEL.— established in Federal and statewide policy Mr. GRASSLEY, Mr. LEE, Mr. VITTER, Not later than December 31, 2014, the Direc- and execution strategies.’’ The report con- Mr. ENZI, Mr. BOOZMAN, and Mr. HATCH) tor shall submit to Congress a report deter- tinues to state that Workforce Investment submitted an amendment intended to mining positions in the Federal Government Board staff ‘‘lacks information and training that are— about self-employment as a career option, be proposed to amendment SA 2874 pro- (A) duplicative of the work performed by including accessibility to resources, tech- posed by Mr. REID (for Mr. REED (for the Office of Regulatory Analysis; or nical assistance, outreach efforts, available himself, Mr. HELLER, Mr. MERKLEY, Ms. (B) otherwise rendered cost ineffective by partnerships, assessment processes, and co- COLLINS, Mr. BOOKER, Mr. PORTMAN, the work of the Office of Regulatory Anal- ordination of available funding options’’ and Mr. BROWN, Ms. MURKOWSKI, Mr. DUR- ysis. that the Boards report that ‘‘self-employ- BIN, and Mr. KIRK)) to the bill H.R. 3979, (3) REPORT ON REGULATORY ANALYSIS.— ment outcomes are hard to document for to amend the Internal Revenue Code of (A) REPORT REQUIRED.—Not later than [Department of Labor] regulations; entrepre- 1986 to ensure that emergency services June 30, 2015, the Director shall provide to neurship does not fit into current methods volunteers are not taken into account Congress a report analyzing the practice for measuring performance.’’ as employees under the shared respon- with respect to, and the effectiveness of— (4) In Training and Employment Guidance (i) chapter 6 of title 5, United States Code Letter No. 12–10, issued November 15, 2010, sibility requirements contained in the (commonly known as the ‘‘Regulatory Flexi- the Employment and Training Administra- Patient Protection and Affordable Care bility Act’’); tion noted that ‘‘Certain types of employ- Act; which was ordered to lie on the (ii) the Small Business Regulatory En- ment, particularly self-employment, are gen- table; as follows: forcement Fairness Act of 1996 (5 U.S.C. 601 erally not covered by state [unemployment At the appropriate place, insert the fol- note); insurance] wage records, and the system has lowing:

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2018 CONGRESSIONAL RECORD — SENATE April 1, 2014 SEC. ll. ACCOUNTABILITY THROUGH ELEC- or hired by such employer if the Secretary imposed may be waived or reduced if the vio- TRONIC VERIFICATION. has reasonable cause to believe that the em- lator establishes that the violator acted in (a) SHORT TITLE.—This section may be ployer is or has been engaged in a material good faith. cited as the ‘‘Accountability Through Elec- violation of section 274A of the Immigration ‘‘(11) AUTHORITY TO DEBAR EMPLOYERS FOR tronic Verification Act’’. and Nationality Act (8 U.S.C. 1324a). CERTAIN VIOLATIONS.— (b) PERMANENT REAUTHORIZATION.—Section ‘‘(B) NOTIFICATION.—Not later than 14 days ‘‘(A) IN GENERAL.—If a person or entity is 401(b) of the Illegal Immigration Reform and before an employer or class of employers is determined by the Secretary of Homeland Immigrant Responsibility Act of 1996 (divi- required to begin participating in E-Verify Security to be a repeat violator of paragraph sion C of Public Law 104–208; 8 U.S.C. 1324a pursuant to subparagraph (A), the Secretary (1)(A) or (2) of subsection (a), or is convicted note) is amended by striking ‘‘Unless the shall provide such employer or class of em- of a crime under this section, such person or Congress otherwise provides, the Secretary ployers with— entity may be considered for debarment from of Homeland Security shall terminate a pilot ‘‘(i) written notification of such require- the receipt of Federal contracts, grants, or program on September 30, 2015.’’. ment; and cooperative agreements in accordance with (c) MANDATORY USE OF E-VERIFY.—Section ‘‘(ii) appropriate training materials to fa- the debarment standards and pursuant to the 402 of the Illegal Immigration Reform and cilitate compliance with such requirement.’’. debarment procedures set forth in the Fed- Immigrant Responsibility Act of 1996 (8 (d) CONSEQUENCES OF FAILURE TO PARTICI- eral Acquisition Regulation. U.S.C. 1324a note) is amended— PATE.— ‘‘(B) DOES NOT HAVE CONTRACT, GRANT, (1) in subsection (e)— (1) IN GENERAL.—Section 402(e)(5) of the Il- AGREEMENT.—If the Secretary of Homeland (A) in paragraph (1)— legal Immigration Reform and Immigrant Security or the Attorney General wishes to (i) by amending subparagraph (A) to read Responsibility Act of 1996 (8 U.S.C. 1324a have a person or entity considered for debar- as follows: note), as redesignated by subsection (c)(1)(B), ment in accordance with this paragraph, and ‘‘(A) EXECUTIVE DEPARTMENTS AND AGEN- is amended to read as follows: such an person or entity does not hold a Fed- CIES.—Each department and agency of the ‘‘(5) CONSEQUENCES OF FAILURE TO PARTICI- eral contract, grant or cooperative agree- Federal Government shall participate in E- PATE.—If a person or other entity that is re- ment, the Secretary or Attorney General Verify by complying with the terms and con- quired to participate in E-Verify fails to shall refer the matter to the Administrator ditions set forth in this section.’’; and comply with the requirements under this of General Services to determine whether to (ii) in subparagraph (B), by striking ‘‘, that title with respect to an individual— list the person or entity on the List of Par- conducts hiring in a State’’ and all that fol- ‘‘(A) such failure shall be treated as a vio- ties Excluded from Federal Procurement, lows and inserting ‘‘shall participate in E- lation of section 274A(a)(1)(B) with respect to and if so, for what duration and under what Verify by complying with the terms and con- such individual; and scope. ditions set forth in this section.’’; ‘‘(B) a rebuttable presumption is created ‘‘(C) HAS CONTRACT, GRANT, AGREEMENT.—If (B) by redesignating paragraphs (2) and (3) that the person or entity has violated sec- the Secretary of Homeland Security or the as paragraphs (4) and (5), respectively; and tion 274A(a)(1)(A).’’. Attorney General wishes to have a person or (C) by inserting after paragraph (1) the fol- (2) PENALTIES.—Section 274A of the Immi- entity considered for debarment in accord- lowing: gration and Nationality Act (8 U.S.C. 1324a) ance with this paragraph, and such person or ‘‘(2) UNITED STATES CONTRACTORS.—Any is amended— entity holds a Federal contract, grant or co- person, employer, or other entity that enters (A) in subsection (e)— operative agreement, the Secretary or Attor- into a contract with the Federal Government (i) in paragraph (4)— ney General shall advise all agencies or de- shall participate in E-Verify by complying (I) in subparagraph (A), in the matter pre- partments holding a contract, grant, or co- with the terms and conditions set forth in ceding clause (i), by inserting ‘‘, subject to operative agreement with the person or enti- this section. paragraph (10),’’ after ‘‘in an amount’’; ty of the Government’s interest in having ‘‘(3) DESIGNATION OF CRITICAL EMPLOYERS.— (II) in subparagraph (A)(i), by striking the person or entity considered for debar- Not later than 7 days after the date of the ‘‘not less than $250 and not more than $2,000’’ ment, and after soliciting and considering enactment of the Accountability Through and inserting ‘‘not less than $2,500 and not the views of all such agencies and depart- Electronic Verification Act, the Secretary of more than $5,000’’; ments, the Secretary or Attorney General Homeland Security shall— (III) in subparagraph (A)(ii), by striking may waive the operation of this paragraph or ‘‘(A) conduct an assessment of employers ‘‘not less than $2,000 and not more than refer the matter to any appropriate lead that are critical to the homeland security or $5,000’’ and inserting ‘‘not less than $5,000 agency to determine whether to list the per- national security needs of the United States; and not more than $10,000’’; son or entity on the List of Parties Excluded ‘‘(B) designate and publish a list of employ- (IV) in subparagraph (A)(iii), by striking from Federal Procurement, and if so, for ers and classes of employers that are deemed ‘‘not less than $3,000 and not more than what duration and under what scope. to be critical pursuant to the assessment $10,000’’ and inserting ‘‘not less than $10,000 ‘‘(D) REVIEW.—Any decision to debar a per- conducted under subparagraph (A); and and not more than $25,000’’; and son or entity under in accordance with this ‘‘(C) require that critical employers des- (V) by amending subparagraph (B) to read paragraph shall be reviewable pursuant to ignated pursuant to subparagraph (B) par- as follows: part 9.4 of the Federal Acquisition Regula- ticipate in E-Verify by complying with the ‘‘(B) may require the person or entity to tion.’’; and terms and conditions set forth in this section take such other remedial action as is appro- (B) in subsection (f)— not later than 30 days after the Secretary priate.’’; (i) by amending paragraph (1) to read as makes such designation.’’; (ii) in paragraph (5)— follows: (2) by redesignating subsection (f) as sub- (I) by inserting ‘‘, subject to paragraphs ‘‘(1) CRIMINAL PENALTY.—Any person or en- section (g); and (10) through (12),’’ after ‘‘in an amount’’; tity which engages in a pattern or practice (3) by inserting after subsection (e) the fol- (II) by striking ‘‘$100’’ and inserting of violations of subsection (a)(1) or (2) shall lowing: ‘‘$1,000’’; be fined not more than $15,000 for each unau- ‘‘(f) MANDATORY PARTICIPATION IN E- (III) by striking ‘‘$1,000’’ and inserting thorized alien with respect to which such a VERIFY.— ‘‘$25,000’’; violation occurs, imprisoned for not less ‘‘(1) IN GENERAL.—Subject to paragraphs (2) (IV) by striking ‘‘the size of the business of than 1 year and not more than 10 years, or and (3), all employers in the United States the employer being charged, the good faith both, notwithstanding the provisions of any shall participate in E-Verify, with respect to of the employer’’ and inserting ‘‘the good other Federal law relating to fine levels.’’; all employees recruited, referred, or hired by faith of the employer being charged’’; and and such employer on or after the date that is 1 (V) by adding at the end the following: (ii) in paragraph (2), by striking ‘‘Attorney year after the date of the enactment of the ‘‘Failure by a person or entity to utilize the General’’ each place it appears and inserting Accountability Through Electronic employment eligibility verification system ‘‘Secretary of Homeland Security’’. Verification Act. as required by law, or providing information (e) PREEMPTION; LIABILITY.—Section 402 of ‘‘(2) USE OF CONTRACT LABOR.—Any em- to the system that the person or entity the Illegal Immigration Reform and Immi- ployer who uses a contract, subcontract, or knows or reasonably believes to be false, grant Responsibility Act of 1996 (8 U.S.C. exchange to obtain the labor of an individual shall be treated as a violation of subsection 1324a note), as amended by this section, is in the United States shall certify in such (a)(1)(A).’’; and further amended by adding at the end the contract, subcontract, or exchange that the (iii) by adding at the end the following: following: employer uses E-Verify. If such certification ‘‘(10) EXEMPTION FROM PENALTY.—In the ‘‘(h) LIMITATION ON STATE AUTHORITY.— is not included in a contract, subcontract, or case of imposition of a civil penalty under ‘‘(1) PREEMPTION.—A State or local govern- exchange, the employer shall be deemed to paragraph (4)(A) with respect to a violation ment may not prohibit a person or other en- have violated paragraph (1). of subsection (a)(1)(A) or (a)(2) for hiring or tity from verifying the employment author- ‘‘(3) INTERIM MANDATORY PARTICIPATION.— continuation of employment or recruitment ization of new hires or current employees ‘‘(A) IN GENERAL.—Before the date set forth or referral by person or entity and in the through E-Verify. in paragraph (1), the Secretary of Homeland case of imposition of a civil penalty under ‘‘(2) LIABILITY.—A person or other entity Security shall require any employer or class paragraph (5) for a violation of subsection that participates in E-Verify may not be of employers to participate in E-Verify, with (a)(1)(B) for hiring or recruitment or referral held liable under any Federal, State, or local respect to all employees recruited, referred, by a person or entity, the penalty otherwise law for any employment-related action

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taken with respect to the wrongful termi- ‘‘(c) INTERAGENCY NONCONFIRMATION RE- possession of the United States, as deter- nation of an individual in good faith reliance PORT.— mined necessary by the Secretary, includ- on information provided through E-Verify.’’. ‘‘(1) IN GENERAL.—The Director of U.S. ing— (f) EXPANDED USE OF E-VERIFY.—Section Citizenship and Immigration Services shall ‘‘(A) records maintained by the Social Se- 403(a)(3)(A) of the Illegal Immigration Re- submit a weekly report to the Assistant Sec- curity Administration; form and Immigrant Responsibility Act of retary of Immigration and Customs Enforce- ‘‘(B) birth and death records maintained by 1996 (8 U.S.C. 1324a note) is amended to read ment that includes, for each individual who vital statistics agencies of any State or as follows: receives final nonconfirmation through E- other jurisdiction in the United States; ‘‘(A) IN GENERAL.— Verify— ‘‘(C) passport and visa records (including ‘‘(i) BEFORE HIRING.—The person or other ‘‘(A) the name of such individual; photographs) maintained by the Department entity may verify the employment eligi- ‘‘(B) his or her Social Security number or of State; and bility of an individual through E-Verify be- alien file number; ‘‘(D) State driver’s license or identity card fore the individual is hired, recruited, or re- ‘‘(C) the name and contact information for information (including photographs) main- ferred if the individual consents to such his or her current employer; and tained by State department of motor vehi- verification. If an employer receives a ten- ‘‘(D) any other critical information that cles; tative nonconfirmation for an individual, the the Assistant Secretary determines to be ap- ‘‘(9) to electronically confirm the issuance employer shall comply with procedures pre- propriate. of the employment authorization or identity scribed by the Secretary, including— ‘‘(2) USE OF WEEKLY REPORT.—The Sec- document; and ‘‘(I) providing the individual employees retary of Homeland Security shall use infor- ‘‘(10) to display the digital photograph that with private, written notification of the find- mation provided under paragraph (1) to en- the issuer placed on the document so that ing and written referral instructions; force compliance of the United States immi- the employer can compare the photograph ‘‘(II) allowing the individual to contest the gration laws.’’. displayed to the photograph on the docu- finding; and (i) INFORMATION SHARING.—The Commis- ment presented by the employee or, in excep- ‘‘(III) not taking adverse action against sioner of Social Security, the Secretary of tional cases, if a photograph is not available the individual if the individual chooses to Homeland Security, and the Secretary of the from the issuer, to provide for a temporary contest the finding. Treasury shall jointly establish a program to alternative procedure, specified by the Sec- ‘‘(ii) AFTER EMPLOYMENT OFFER.—The per- share information among such agencies that retary, for confirming the authenticity of son or other entity shall verify the employ- may or could lead to the identification of un- the document.’’. ment eligibility of an individual through E- authorized aliens (as defined in section (l) IDENTITY THEFT.—Section 1028 of title Verify not later than 3 days after the date of 274A(h)(3) of the Immigration and Nation- 18, United States Code, is amended— the hiring, recruitment, or referral, as the ality Act), including any no-match letter (1) in subsection (a)(7), by striking ‘‘of an- case may be. and any information in the earnings sus- other person’’ and inserting ‘‘that is not his ‘‘(iii) EXISTING EMPLOYEES.—Not later than pense file. or her own’’; and 3 years after the date of the enactment of (j) FORM I–9 PROCESS.—Not later than 9 (2) in subsection (b)(3)— the Accountability Through Electronic months after date of the enactment of this (A) in subparagraph (B), by striking ‘‘or’’ Verification Act, the Secretary shall require Act, the Secretary of Homeland Security at the end; all employers to use E-Verify to verify the shall submit a report to Congress that con- (B) in subparagraph (C), by adding ‘‘or’’ at identity and employment eligibility of any tains recommendations for— the end; and individual who has not been previously (1) modifying and simplifying the process (C) by adding at the end the following: verified by the employer through E-Verify.’’. by which employers are required to complete ‘‘(D) to facilitate or assist in harboring or (g) REVERIFICATION.—Section 403(a) of the and retain a Form I–9 for each employee pur- hiring unauthorized workers in violation of Illegal Immigration Reform and Immigrant suant to section 274A of the Immigration and section 274, 274A, or 274C of the Immigration Responsibility Act of 1996 (8 U.S.C. 1324a Nationality Act (8 U.S.C. 1324a); and and Nationality Act (8 U.S.C. 1324, 1324a, and note) is amended by adding at the end the (2) eliminating the process described in 1324c).’’. following: paragraph (1). (m) SMALL BUSINESS DEMONSTRATION PRO- ‘‘(5) REVERIFICATION.—Each person or other (k) ALGORITHM.—Section 404(d) of the Ille- GRAM.—Section 403 of the Illegal Immigra- entity participating in E-Verify shall use the gal Immigration Reform and Immigrant Re- tion Reform and Immigrant Responsibility E-Verify confirmation system to reverify the sponsibility Act of 1996 (8 U.S.C. 1324a note) Act of 1996 (8 U.S.C. 1324a note) is amended— work authorization of any individual not is amended to read as follows: (1) by redesignating subsection (d) as sub- later than 3 days after the date on which ‘‘(d) DESIGN AND OPERATION OF SYSTEM.—E- section (e); and such individual’s employment authorization Verify shall be designed and operated— (2) by inserting after subsection (c) the fol- is scheduled to expire (as indicated by the ‘‘(1) to maximize its reliability and ease of lowing: Secretary or the documents provided to the use by employers; ‘‘(d) SMALL BUSINESS DEMONSTRATION PRO- employer pursuant to section 274A(b) of the ‘‘(2) to insulate and protect the privacy GRAM.—Not later than 9 months after the Immigration and Nationality Act (8 U.S.C. and security of the underlying information; date of the enactment of the Accountability 1324a(b))), in accordance with the procedures ‘‘(3) to maintain appropriate administra- Through Electronic Verification Act, the Di- set forth in this subsection and section 402.’’. tive, technical, and physical safeguards to rector of U.S. Citizenship and Immigration (h) HOLDING EMPLOYERS ACCOUNTABLE.— prevent unauthorized disclosure of personal Services shall establish a demonstration pro- (1) CONSEQUENCES OF NONCONFIRMATION.— information; gram that assists small businesses in rural Section 403(a)(4)(C) of the Illegal Immigra- ‘‘(4) to respond accurately to all inquiries areas or areas without internet capabilities tion Reform and Immigrant Responsibility made by employers on whether individuals to verify the employment eligibility of Act of 1996 (8 U.S.C. 1324a note) is amended are authorized to be employed; newly hired employees solely through the to read as follows: ‘‘(5) to register any times when E-Verify is use of publicly accessible internet termi- ‘‘(C) CONSEQUENCES OF NONCONFIRMATION.— unable to receive inquiries; nals.’’. ‘‘(i) TERMINATION AND NOTIFICATION.—If the ‘‘(6) to allow for auditing use of the system Mr. REID submitted an person or other entity receives a final non- to detect fraud and identify theft; SA 2918. confirmation regarding an individual, the ‘‘(7) to preserve the security of the infor- amendment intended to be proposed to employer shall immediately— mation in all of the system by— amendment SA 2922 submitted by Mr. ‘‘(I) terminate the employment, recruit- ‘‘(A) developing and using algorithms to REED (for himself, Mr. HELLER, Mr. ment, or referral of the individual; and detect potential identity theft, such as mul- MERKLEY, Ms. COLLINS, Mr. BOOKER, ‘‘(II) submit to the Secretary any informa- tiple uses of the same identifying informa- Mr. PORTMAN, Mr. BROWN, Ms. MUR- tion relating to the individual that the Sec- tion or documents; KOWSKI, Mr. DURBIN, and Mr. KIRK) and retary determines would assist the Secretary ‘‘(B) developing and using algorithms to intended to be proposed to the bill H.R. in enforcing or administering United States detect misuse of the system by employers 3979, to amend the Internal Revenue immigration laws. and employees; Code of 1986 to ensure that emergency ‘‘(ii) CONSEQUENCE OF CONTINUED EMPLOY- ‘‘(C) developing capabilities to detect services volunteers are not taken into MENT.—If the person or other entity con- anomalies in the use of the system that may tinues to employ, recruit, or refer the indi- indicate potential fraud or misuse of the sys- account as employees under the shared vidual after receiving final nonconfirmation, tem; and responsibility requirements contained a rebuttable presumption is created that the ‘‘(D) auditing documents and information in the Patient Protection and Afford- employer has violated section 274A of the submitted by potential employees to em- able Care Act; which was ordered to lie Immigration and Nationality Act (8 U.S.C. ployers, including authority to conduct on the table; as follows: 1324a).’’. interviews with employers and employees; At the end, add the following: (2) INTERAGENCY NONCONFIRMATION RE- ‘‘(8) to confirm identity and work author- This Act shall become effective 1 day after PORT.—Section 405 of the Illegal Immigration ization through verification of records main- enactment. Reform and Immigrant Responsibility Act of tained by the Secretary, other Federal de- 1996 (8 U.S.C. 1324a note) is amended by add- partments, States, the Commonwealth of the SA 2919. Mr. REID submitted an ing at the end the following: Northern Mariana Islands, or an outlying amendment intended to be proposed to

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2020 CONGRESSIONAL RECORD — SENATE April 1, 2014 amendment SA 2922 submitted by Mr. Sec. 6. Flexibility for unemployment pro- (1) IN GENERAL.—Section 4001(i)(1)(A) of the REED (for himself, Mr. HELLER, Mr. gram agreements. Supplemental Appropriations Act, 2008 (Pub- Sec. 7. Ending unemployment payments to MERKLEY, Ms. COLLINS, Mr. BOOKER, lic Law 110–252; 26 U.S.C. 3304 note) is amend- jobless millionaires and billion- ed by adding at the end the following new Mr. PORTMAN, Mr. BROWN, Ms. MUR- aires. sentence: KOWSKI, Mr. DURBIN, and Mr. KIRK) and Sec. 8. GAO study on the use of work suit- intended to be proposed to the bill H.R. ‘‘At a minimum, such reemployment serv- ability requirements in unem- ices and reemployment and eligibility as- 3979, to amend the Internal Revenue ployment insurance programs. sessment activities shall be provided to an Code of 1986 to ensure that emergency Sec. 9. Funding stabilization. individual within a time period (determined Sec. 10. Prepayment of certain PBGC pre- services volunteers are not taken into appropriate by the Secretary) after the date miums. account as employees under the shared the individual begins to receive amounts Sec. 11. Extension of customs user fees. under section 4002(b) (first tier benefits) and, responsibility requirements contained Sec. 12. Emergency services, government, if applicable, again within a time period (de- in the Patient Protection and Afford- and certain nonprofit volun- termined appropriate by the Secretary) after able Care Act; which was ordered to lie teers. on the table; as follows: the date the individual begins to receive SEC. 2. EXTENSION OF EMERGENCY UNEMPLOY- amounts under section 4002(d) (third tier MENT COMPENSATION PROGRAM. In the amendment, strike ‘‘1 day’’ and in- benefits).’’. (a) EXTENSION.—Section 4007(a)(2) of the sert ‘‘2 days’’. (2) EFFECTIVE DATE.—The amendment Supplemental Appropriations Act, 2008 (Pub- made by this subsection shall apply on and lic Law 110–252; 26 U.S.C. 3304 note) is amend- SA 2920. Mr. REID submitted an after the date of the enactment of this Act. ed by striking ‘‘January 1, 2014’’ and insert- amendment intended to be proposed by (c) PURPOSES OF SERVICES AND ACTIVI- ing ‘‘June 1, 2014’’. him to the bill H.R. 3979, to amend the TIES.—The purposes of the reemployment (b) FUNDING.—Section 4004(e)(1) of the Sup- services and reemployment and eligibility Internal Revenue Code of 1986 to ensure plemental Appropriations Act, 2008 (Public assessment activities under section 4001(i) of that emergency services volunteers are Law 110–252; 26 U.S.C. 3304 note) is amended— the Supplemental Appropriations Act, 2008 not taken into account as employees (1) in subparagraph (I), by striking ‘‘and’’ (Public Law 110–252; 26 U.S.C. 3304 note) are— under the shared responsibility re- at the end; (1) to better link the unemployed with the (2) in subparagraph (J), by inserting ‘‘and’’ quirements contained in the Patient overall workforce system by bringing indi- at the end; and Protection and Affordable Care Act; viduals receiving unemployment insurance (3) by inserting after subparagraph (J) the which was ordered to lie on the table; benefits in for personalized assessments and following: referrals to reemployment services; and as follows: ‘‘(K) the amendment made by section 2(a) (2) to provide individuals receiving unem- At the end, add the following: of the Emergency Unemployment Compensa- ployment insurance benefits with early ac- This Act shall become effective 4 days tion Extension Act of 2014;’’. cess to specific strategies that can help get after enactment. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect as if them back into the workforce faster, includ- SA 2921. Mr. REID submitted an included in the enactment of the American ing through— amendment intended to be proposed by Taxpayer Relief Act of 2012 (Public Law 112– (A) the development of a reemployment him to the bill H.R. 3979, to amend the 240). plan; (B) the provision of access to relevant Internal Revenue Code of 1986 to ensure SEC. 3. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS. labor market information; that emergency services volunteers are (C) the provision of access to information not taken into account as employees (a) IN GENERAL.—Section 2005 of the Assist- ance for Unemployed Workers and Strug- about industry-recognized credentials that under the shared responsibility re- gling Families Act, as contained in Public are regionally relevant or nationally port- quirements contained in the Patient Law 111–5 (26 U.S.C. 3304 note), is amended— able; Protection and Affordable Care Act; (1) by striking ‘‘December 31, 2013’’ each (D) the provision of referrals to reemploy- which was ordered to lie on the table; place it appears and inserting ‘‘May 31, 2014’’; ment services and training; and as follows: and (E) an assessment of the individual’s on- (2) in subsection (c), by striking ‘‘June 30, going eligibility for unemployment insur- In the amendment, strike ‘‘4 days’’ and in- ance benefits. sert ‘‘5 days’’. 2014’’ and inserting ‘‘November 30, 2014’’. (b) EXTENSION OF MATCHING FOR STATES SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD WITH NO WAITING WEEK.—Section 5 of the SA 2922. Mr. REED (for himself, Mr. UNEMPLOYMENT INSURANCE ACT. Unemployment Compensation Extension Act HELLER, Mr. MERKLEY, Ms. COLLINS, of 2008 (Public Law 110–449; 26 U.S.C. 3304 (a) EXTENSION.—Section 2(c)(2)(D)(iii) of Mr. BOOKER, Mr. PORTMAN, Mr. BROWN, note) is amended by striking ‘‘June 30, 2014’’ the Railroad Unemployment Insurance Act Ms. MURKOWSKI, Mr. DURBIN, and Mr. and inserting ‘‘November 30, 2014’’. (45 U.S.C. 352(c)(2)(D)(iii)) is amended— (1) by striking ‘‘June 30, 2013’’ and insert- KIRK) submitted an amendment in- (c) EXTENSION OF MODIFICATION OF INDICA- ing ‘‘November 30, 2013’’; and tended to be proposed by him to the TORS UNDER THE EXTENDED BENEFIT PRO- (2) by striking ‘‘December 31, 2013’’ and in- bill H.R. 3979, to amend the Internal GRAM.—Section 203 of the Federal-State Ex- tended Unemployment Compensation Act of serting ‘‘May 31, 2014’’. Revenue Code of 1986 to ensure that (b) CLARIFICATION ON AUTHORITY TO USE emergency services volunteers are not 1970 (26 U.S.C. 3304 note) is amended— (1) in subsection (d), by striking ‘‘Decem- FUNDS.—Funds appropriated under either the taken into account as employees under ber 31, 2013’’ and inserting ‘‘May 31, 2014’’; first or second sentence of clause (iv) of sec- the shared responsibility requirements and tion 2(c)(2)(D) of the Railroad Unemploy- contained in the Patient Protection (2) in subsection (f)(2), by striking ‘‘Decem- ment Insurance Act shall be available to and Affordable Care Act; which was or- ber 31, 2013’’ and inserting ‘‘May 31, 2014’’. cover the cost of additional extended unemployment benefits provided under such sec- dered to lie on the table; as follows: (d) EFFECTIVE DATE.—The amendments made by this section shall take effect as if tion 2(c)(2)(D) by reason of the amendments Strike all after the enacting clause and in- made by subsection (a) as well as to cover sert the following: included in the enactment of the American Taxpayer Relief Act of 2012 (Public Law 112– the cost of such benefits provided under such SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 240). section 2(c)(2)(D), as in effect on the day be- (a) SHORT TITLE.—This Act may be cited as fore the date of enactment of this Act. the ‘‘Emergency Unemployment Compensa- SEC. 4. EXTENSION OF FUNDING FOR REEMPLOY- MENT SERVICES AND REEMPLOY- (c) FUNDING FOR ADMINISTRATION.—Out of tion Extension Act of 2014’’. MENT AND ELIGIBILITY ASSESS- any funds in the Treasury not otherwise ap- (b) TABLE OF CONTENTS.—The table of con- MENT ACTIVITIES. propriated, there are appropriated to the tents of this Act is as follows: (a) EXTENSION.— Railroad Retirement Board $105,000 for ad- Sec. 1. Short title; table of contents. (1) IN GENERAL.—Section 4004(c)(2)(A) of the ministrative expenses associated with the Sec. 2. Extension of emergency unemploy- Supplemental Appropriations Act, 2008 (Pub- payment of additional extended unemployment compensation program. lic Law 110–252; 26 U.S.C. 3304 note) is amendment benefits provided under section Sec. 3. Temporary extension of extended ed by striking ‘‘through fiscal year 2014’’ and 2(c)(2)(D) of the Railroad Unemployment In- benefit provisions. inserting ‘‘through the first five months of surance Act by reason of the amendments Sec. 4. Extension of funding for reemploy- fiscal year 2015’’. made by subsection (a), to remain available ment services and reemploy- (2) EFFECTIVE DATE.—The amendment until expended. ment and eligibility assessment made by this subsection shall take effect as SEC. 6. FLEXIBILITY FOR UNEMPLOYMENT PRO- activities. if included in the enactment of the American GRAM AGREEMENTS. Sec. 5. Additional extended unemployment Taxpayer Relief Act of 2012 (Public Law 112– (a) FLEXIBILITY.— benefits under the Railroad Un- 240). (1) IN GENERAL.—Subsection (g) of section employment Insurance Act. (b) TIMING FOR SERVICES AND ACTIVITIES.— 4001 of the Supplemental Appropriations Act,

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2021 2008 (Public Law 110–252; 26 U.S.C. 3304 note) individual whose adjusted gross income in strengthen requirements to ensure that un- shall not apply with respect to a State that the preceding year was equal to or greater employment insurance benefits are being has enacted a law before December 1, 2013, than $1,000,000. provided to individuals who are actively that, upon taking effect, would violate such (b) COMPLIANCE.—Unemployment Insurance looking for work and who truly want to re- subsection. applications shall include a form or proce- turn to the labor force. Such study shall in- (2) EFFECTIVE DATE.—Paragraph (1) is effec- dure for an individual applicant to certify clude an analysis of— tive with respect to weeks of unemployment the individual’s adjusted gross income was (1) how work suitability requirements beginning on or after December 29, 2013. not equal to or greater than $1,000,000 in the work under both State and Federal unem- (b) PERMITTING A SUBSEQUENT AGREE- preceding year. ployment insurance programs; and MENT.—Nothing in title IV of the Supple- (c) AUDITS.—The certifications required by (2) how to incorporate and improve such mental Appropriations Act, 2008 (Public Law subsection (b) shall be auditable by the U.S. requirements under Federal unemployment 110–252; 26 U.S.C. 3304 note) shall preclude a Department of Labor or the U.S. Govern- insurance programs; and State whose agreement under such title was ment Accountability Office. (3) other items determined appropriate by (d) STATUS OF APPLICANTS.—It is the duty terminated from entering into a subsequent the Comptroller General. of the States to verify the residency, em- agreement under such title on or after the ployment, legal, and income status of appli- (b) BRIEFING.—Not later than 90 days after date of the enactment of this Act if the cants for Unemployment Insurance and no the date of the enactment of this Act, the State, taking into account the application of Federal funds may be expended for purposes Comptroller General of the United States subsection (a), would otherwise meet the re- of determining whether or not the prohibi- shall brief Congress on the ongoing study requirements for an agreement under such tion under subsection (a) applies with required under subsection (a). Such briefing title. spect to an individual. shall include preliminary recommendations SEC. 7. ENDING UNEMPLOYMENT PAYMENTS TO (e) EFFECTIVE DATE.—The prohibition for such legislation and administrative ac- JOBLESS MILLIONAIRES AND BIL- under subsection (a) shall apply to weeks of tion as the Comptroller General determines LIONAIRES. unemployment beginning on or after the appropriate. (a) PROHIBITION.—Notwithstanding any date of the enactment of this Act. SEC. 9. FUNDING STABILIZATION. other provision of law, no Federal funds may SEC. 8. GAO STUDY ON THE USE OF WORK SUIT- be used for payments of unemployment com- ABILITY REQUIREMENTS IN UNEM- (a) FUNDING STABILIZATION UNDER THE IN- pensation under the emergency unemploy- PLOYMENT INSURANCE PROGRAMS. TERNAL REVENUE CODE.—The table in sub- ment compensation program under title IV (a) STUDY.—The Comptroller General of clause (II) of section 430(h)(2)(C)(iv) of the In- of the Supplemental Appropriations Act, 2008 the United States shall conduct a study on ternal Revenue Code of 1986 is amended to (Public Law 110–252; 26 U.S.C. 3304 note) to an the use of work suitability requirements to read as follows:

‘‘If the calendar year is: The applicable minimum percentage is: The applicable maximum percentage is:

2012, 2013, 2014, 2015, 2016, or 2017 ...... 90% ...... 110% 2018 ...... 85% ...... 115% 2019 ...... 80% ...... 120% 2020 ...... 75% ...... 125% After 2020 ...... 70% ...... 130%’’.

(b) FUNDING STABILIZATION UNDER (1) IN GENERAL.—The table in subclause (II) Retirement Income Security Act of 1974 is ERISA.— of section 303(h)(2)(C)(iv) of the Employee amended to read as follows:

‘‘If the calendar year is: The applicable minimum percentage is: The applicable maximum percentage is:

2012, 2013, 2014, 2015, 2016, or 2017 ...... 90% ...... 110% 2018 ...... 85% ...... 115% 2019 ...... 80% ...... 120% 2020 ...... 75% ...... 125% After 2020 ...... 70% ...... 130%’’.

(2) CONFORMING AMENDMENT.— or more collective bargaining agreements, (II) ending on the date described in clause (A) IN GENERAL.—Clause (ii) of section the amendments made by this subsection (i)(II) (or, if earlier, the date the plan or con- 101(f)(2)(D) of such Act is amended by strik- shall apply to plan years beginning after De- tract amendment is adopted), ing ‘‘2015’’ and inserting ‘‘2020’’. cember 31, 2015. the plan or contract is operated as if such (B) STATEMENTS.—The Secretary of Labor (4) PROVISIONS RELATING TO PLAN AMEND- plan or contract amendment were in effect, shall modify the statements required under MENTS.— and such plan or contract amendment ap- subclauses (I) and (II) of section 101(f)(2)(D)(i) (A) IN GENERAL.—If this paragraph applies plies retroactively for such period. of such Act to conform to the amendments to any amendment to any plan or annuity (C) ANTI-CUTBACK RELIEF.—A plan shall not made by this section. contract, such plan or contract shall be be treated as failing to meet the require- (c) STABILIZATION NOT TO APPLY FOR PUR- treated as being operated in accordance with ments of section 204(g) of the Employee Re- POSES OF CERTAIN ACCELERATED BENEFIT DIS- the terms of the plan during the period de- tirement Income Security Act of 1974 and TRIBUTION RULES.— scribed in subparagraph (B)(ii). section 411(d)(6) of the Internal Revenue (1) INTERNAL REVENUE CODE OF 1986.—The (B) AMENDMENTS TO WHICH PARAGRAPH AP- second sentence of paragraph (2) of section Code of 1986 solely by reason of a plan PLIES.— 436(d) of the Internal Revenue Code of 1986 is amendment to which this paragraph applies. (i) IN GENERAL.—This paragraph shall apply amended by striking ‘‘of such plan’’ and in- to any amendment to any plan or annuity (d) MODIFICATION OF FUNDING TARGET DE- serting ‘‘of such plan (determined by not contract which is made— TERMINATION PERIODS.— taking into account any adjustment of seg- (1) INTERNAL REVENUE CODE OF 1986.—Clause ment rates under section 430(h)(2)(C)(iv))’’. (I) pursuant to the amendments made by this subsection, or pursuant to any regula- (i) of section 430(h)(2)(B) of the Internal Rev- (2) EMPLOYEE RETIREMENT INCOME SECURITY tion issued by the Secretary of the Treasury enue Code of 1986 is amended by striking ACT OF 1974.—The second sentence of subpara- ‘‘the first day of the plan year’’ and inserting graph (B) of section 206(g)(3) of the Employee or the Secretary of Labor under any provision as so amended, and ‘‘the valuation date for the plan year’’. Retirement Income Security Act of 1974 (29 (2) EMPLOYEE RETIREMENT INCOME SECURITY U.S.C. 1056(g)(3)(B)) is amended by striking (II) on or before the last day of the first ACT OF 1974.—Clause (i) of section 303(h)(2)(B) ‘‘of such plan’’ and inserting ‘‘of such plan plan year beginning on or after January 1, 2016, or such later date as the Secretary of of the Employee Retirement Income Secu- (determined by not taking into account any rity Act of 1974 (29 U.S.C. 1083(h)(2)(B)(i)) is adjustment of segment rates under section the Treasury may prescribe. amended by striking ‘‘the first day of the 303(h)(2)(C)(iv))’’. (ii) CONDITIONS.—This subsection shall not plan year’’ and inserting ‘‘the valuation date (3) EFFECTIVE DATE.— apply to any amendment unless, during the for the plan year’’. (A) IN GENERAL.—Except as provided in period— subparagraph (B), the amendments made by (I) beginning on the date that the amend- (e) EFFECTIVE DATE.— this subsection shall apply to plan years be- ments made by this subsection or the regula- (1) IN GENERAL.—The amendments made by ginning after December 31, 2014. tion described in clause (i)(I) takes effect (or subsections (a), (b), and (d) shall apply with (B) COLLECTIVELY BARGAINED PLANS.—In in the case of a plan or contract amendment respect to plan years beginning after Decem- the case of a plan maintained pursuant to 1 not required by such amend ber 31, 2012.

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(2) ELECTIONS.—A plan sponsor may elect (2) in subparagraph (B)(i), by striking (3) in paragraph (1)— not to have the amendments made by sub- ‘‘September 30, 2023’’ and inserting ‘‘Sep- (A) by redesignating subparagraphs (B) and sections (a), (b), and (d) apply to any plan tember 30, 2024’’. (C) as subparagraphs (C) and (D), respec- year beginning before January 1, 2014, either SEC. 12. EMERGENCY SERVICES, GOVERNMENT, tively; and (as specified in the election)— AND CERTAIN NONPROFIT VOLUN- (B) by inserting after subparagraph (A) the (A) for all purposes for which such amend- TEERS. following: ments apply, or (a) IN GENERAL.—Section 4980H(c) of the In- ‘‘(B) if accredited by an authorized accredi- (B) solely for purposes of determining the ternal Revenue Code of 1986 is amended by tation authority in a State that has an alter- adjusted funding target attainment percent- redesignating paragraphs (5), (6), and (7) as native accreditation agreement with the age under sections 436 of the Internal Rev- paragraphs (6), (7), and (8), respectively, and Secretary, as described in paragraph (5)— enue Code of 1986 and 206(g) of the Employee by inserting after paragraph (4) the following ‘‘(i) an institution that provides postsec- Retirement Income Security Act of 1974 for new paragraph: ondary education; such plan year. ‘‘(5) SPECIAL RULES FOR CERTAIN EMER- ‘‘(ii) a postsecondary apprenticeship pro- A plan shall not be treated as failing to meet GENCY SERVICES, GOVERNMENT, AND NONPROFIT gram; or the requirements of section 204(g) of such VOLUNTEERS.— ‘‘(iii) a postsecondary education course or Act and section 411(d)(6) of such Code solely ‘‘(A) EMERGENCY SERVICES VOLUNTEERS.— program provided by an institution of postsecondary education, a nonprofit organiza- by reason of an election under this para- Qualified services rendered as a bona fide tion, or a for-profit organization or busi- graph. volunteer to an eligible employer shall not be taken into account under this section as ness;’’; and SEC. 10. PREPAYMENT OF CERTAIN PBGC PRE- service provided by an employee. For pur- (4) by inserting after paragraph (4), the fol- MIUMS. poses of the preceding sentence, the terms lowing: (a) IN GENERAL.—Section 4007 of the Em- ‘qualified services’, ‘bona fide volunteer’, and ‘‘(5) STATE ALTERNATIVE ACCREDITATION.— ployee Retirement Income Security Act of ‘eligible employer’ shall have the respective ‘‘(A) IN GENERAL.—Notwithstanding any 1974 (29 U.S.C. 1307) is amended by adding at meanings given such terms under section other provision of law, a State may establish the end the following new subsection: 457(e). an alternative accreditation system for the ‘‘(f) ELECTION TO PREPAY FLAT DOLLAR ‘‘(B) CERTAIN OTHER GOVERNMENT AND NON- purpose of establishing institutions that pro- PREMIUMS.— PROFIT VOLUNTEERS.— vide postsecondary education and postsec- ‘‘(1) IN GENERAL.—The designated payor ‘‘(i) IN GENERAL.—Services rendered as a ondary education courses or programs as eli- may elect to prepay during any plan year the bona fide volunteer to a specified employer gible for funding under title IV if the State premiums due under clause (i) or (v), which- shall not be taken into account under this enters into an agreement with the Secretary ever is applicable, of section 4006(a)(3)(A) for section as service provided by an employee. for the establishment of the alternative ac- the number of consecutive subsequent plan ‘‘(ii) BONA FIDE VOLUNTEER.—For purposes creditation system. Such institutions, years (not greater than 5) specified in the of this subparagraph, the term ‘bona fide vol- courses, or programs may include— election. unteer’ means an employee of a specified em- ‘‘(i) institutions that provide postsec- ‘‘(2) AMOUNT OF PREPAYMENT.— ployer whose only compensation from such ondary education; ‘‘(A) IN GENERAL.—The amount of the pre- employer is in the form of— ‘‘(ii) postsecondary apprenticeship pro- payment for any subsequent plan year under ‘‘(I) reimbursement for (or reasonable al- grams; paragraph (1) shall be equal to the amount of lowance for) reasonable expenses incurred in ‘‘(iii) any other postsecondary education the premium determined under clause (i) or the performance of services by volunteers, or course or program offered at an institution (v), whichever is applicable, of section ‘‘(II) reasonable benefits (including length of postsecondary education, a nonprofit or- 4006(a)(3)(A) for the plan year in which the of service awards), and nominal fees, custom- ganization, or a for-profit organization or prepayment is made. arily paid by similar entities in connection business; and ‘‘(B) ADDITIONAL PARTICIPANTS.—If there is with the performance of services by volun- ‘‘(iv) any of the entities described in an increase in the number of participants in teers. clauses (i) through (iii) that do not award a postsecondary certification, credential, or the plan during any plan year with respect ‘‘(iii) SPECIFIED EMPLOYER.—For purposes to which a prepayment has been made, the of this subparagraph, the term ‘specified em- degree, provided that such entity provides credit that will apply toward a postsec- designated payor shall pay a premium for ployer’ means— ondary certification, credential, or degree. such additional participants at the premium ‘‘(I) any government entity, and ‘‘(B) ALTERNATIVE ACCREDITATION AGREE- rate in effect under clause (i) or (v), which- ‘‘(II) any organization described in section MENT.—The alternative accreditation agree- ever is applicable, of section 4006(a)(3)(A) for 501(c) and exempt from tax under section ment described in subparagraph (A) shall in- such plan year. No credit or other refund 501(a). clude the following: shall be granted in the case of a plan that ‘‘(iv) COORDINATION WITH SUBPARAGRAPH ‘‘(i) The designation of 1 or more author- has a decrease in number of participants dur- (A).—This subparagraph shall not fail to ized accrediting entities within the State, ing a plan year with respect to which a pre- apply with respect to services merely be- such as the State Department of Education, payment has been made. cause such services are qualified services (as ‘‘(C) COORDINATION WITH PREMIUM FOR UN- another State agency, an industry-specific defined in section 457(e)(11)(C)).’’. accrediting agency, or another entity, and FUNDED VESTED BENEFITS.—The amount of (b) EFFECTIVE DATE.—The amendments an explanation of the process through which the premium determined under section made by this section shall apply to months the State will select such authorized accred- 4006(a)(3)(A)(i) for the purpose of determining beginning after December 30, 2013. the prepayment amount for any plan year iting entities. shall be determined without regard to the in- Mr. LEE submitted an ‘‘(ii) The standards or criteria that an in- SA 2923. stitution that provides postsecondary edu- crease in such premium under section amendment intended to be proposed by 4006(a)(3)(E). Such increase shall be paid in cation and a postsecondary education course him to the bill H.R. 3979, to amend the or program must meet in order to— the same amount and at the same time as it Internal Revenue Code of 1986 to ensure would otherwise be paid without regard to ‘‘(I) receive an initial accreditation as part this subsection. that emergency services volunteers are of the alternative accreditation system; and ‘‘(II) maintain such accreditation. ‘‘(3) ELECTION.—The election under this not taken into account as employees subsection shall be made at such time and in under the shared responsibility re- ‘‘(iii) A description of the appeals process such manner as the corporation may pre- quirements contained in the Patient through which an institution that provides scribe.’’. Protection and Affordable Care Act; postsecondary education and a postsecondary education course or program may ap- (b) CONFORMING AMENDMENT.—The second which was ordered to lie on the table; peal to an authorized accrediting entity if sentence of subsection (a) of section 4007 of as follows: such institution, course, or program is de- the Employee Retirement Income Security At the appropriate place, insert the fol- nied accreditation under the State alter- Act of 1974 (29 U.S.C. 1307) is amended by lowing: native accreditation system. striking ‘‘Premiums’’ and inserting ‘‘Except ‘‘(iv) Each authorized accrediting entity’s as provided in subsection (f), premiums’’. SEC. llll. AMENDMENTS TO THE HIGHER EDUCATION ACT. policy regarding the transfer of credits be- (c) EFFECTIVE DATE.—The amendments (a) DEFINITION OF INSTITUTION OF HIGHER tween institutions that provide postsec- made by this section shall apply to plan EDUCATION.—Section 102(a) of the Higher ondary education and postsecondary edu- years beginning after the date of the enact- Education Act of 1965 (20 U.S.C. 1002(a)) is cation courses or programs within the State ment of this Act. amended— that are accredited as part of the alternative SEC. 11. EXTENSION OF CUSTOMS USER FEES. (1) by redesignating paragraphs (5) and (6) accreditation system. Section 13031(j)(3) of the Consolidated Om- as paragraphs (6) and (7), respectively; ‘‘(v) The Secretary’s reporting require- nibus Budget Reconciliation Act of 1985 (19 (2) in paragraph (1), in the matter pre- ments for the State regarding the State al- U.S.C. 58c(j)(3)) is amended— ceding subparagraph (A), by striking ‘‘Sub- ternative accreditation system, including— (1) in subparagraph (A), by striking ‘‘Sep- ject to paragraphs (2) through (4)’’ and in- ‘‘(I) the contents of reports that must be tember 30, 2023’’ and inserting ‘‘September serting ‘‘Subject to paragraphs (2) through submitted to the Secretary, which may in- 30, 2024’’; and (5)’’; clude information such as—

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2023 ‘‘(aa) in the case of a postsecondary edu- grams provided by an institution of postsec- SA 2924. Mr. LEE (for himself and cation course or program that is accredited ondary education, a nonprofit organization, Mr. RUBIO) submitted an amendment through the State alternative accreditation or a for-profit organization or business that intended to be proposed by him to the system— are accredited through the alternative ac- bill H.R. 3979, to amend the Internal ‘‘(AA) the number and percentage of stu- creditation system. Revenue Code of 1986 to ensure that dents who successfully complete each such ‘‘(C) ADMINISTRATIVE COSTS FOR PELL postsecondary education course or program; GRANT STUDENTS.— emergency services volunteers are not and ‘‘(i) PELL GRANTS ADMINISTERED BY ENTI- taken into account as employees under ‘‘(BB) the number and percentage of stu- TIES.—In the case of an institution that pro- the shared responsibility requirements dents who successfully obtain a postsec- vides postsecondary education, a postsec- contained in the Patient Protection ondary certification, credential, or degree ondary apprenticeship program, or an entity and Affordable Care Act; which was or- using credit obtained from each such post- that provides a postsecondary education dered to lie on the table; as follows: secondary education course or program; and course or program that is accredited through At the appropriate place, insert the fol- ‘‘(bb) in the case of an institution that pro- the alternative accreditation system and lowing: vides postsecondary education that is ac- that will administer the Federal Pell Grant, SEC. ll. COMPENSATORY TIME. credited through the State alternative ac- Federal Perkins Loan, Federal Work-Study, creditation system— (a) IN GENERAL.—Section 7 of the Fair and Federal Supplemental Educational Op- Labor Standards Act of 1938 (29 U.S.C. 207) is ‘‘(AA) the number and percentage of stu- portunity Grants in accordance with the dents who successfully obtain a postsec- amended by adding at the end the following: agreement described in subparagraph (B)(xi), ‘‘(s) COMPENSATORY TIME OFF FOR PRIVATE ondary certification, credential, or degree the Secretary shall, in lieu of carrying out EMPLOYEES.— from such institution; and section 690.10 of title 34, Code of Federal Reg- ‘‘(1) GENERAL RULE.—An employee may re- ‘‘(BB) the number and percentage of stu- ulations, and subject to available appropria- ceive, in accordance with this subsection and dents who do not successfully obtain a post- tions, pay $5.00 to the institution, appren- in lieu of monetary overtime compensation, secondary certification, credential, or degree ticeship program, or entity, as the case may compensatory time off at a rate not less from such institution but do obtain credit be, for each student who receives a Federal than one and one-half hours for each hour of from such institution toward a postsec- Pell Grant at that institution, apprentice- ondary degree, credential, or certification; employment for which overtime compensa- ship program, or entity for an award year. tion is required by this section. ‘‘(II) the frequency with which such reports ‘‘(ii) PELL GRANTS ADMINISTERED BY must be submitted to the Secretary; and ‘‘(2) CONDITIONS.—An employer may pro- STATES.—In the case of an institution that vide compensatory time to employees under ‘‘(III) any requirements for third party provides postsecondary education, a postsec- verification of information contained in such paragraph (1)(A) only if such time is provided ondary apprenticeship program, or an entity in accordance with— reports. that provides a postsecondary education ‘‘(vi) The State policy regarding public ac- ‘‘(A) applicable provisions of a collective course or program that is accredited through bargaining agreement between the employer cessibility to certain information relating to the alternative accreditation system and institutions that provide postsecondary edu- and the labor organization that has been cer- will not administer the Federal Pell Grant, tified or recognized as the representative of cation and postsecondary education courses Federal Perkins Loan, Federal Work-Study, and programs accredited under the State al- the employees under applicable law; or and Federal Supplemental Educational Op- ternative accreditation system, including— ‘‘(B) in the case of employees who are not portunity Grants, but will have such pro- ‘‘(I) the information described in subclause represented by a labor organization that has grams administered by the State in accord- (I) of clause (v); and been certified or recognized as the represent- ance with the agreement described in sub- ‘‘(II) information about the rates of job ative of such employees under applicable paragraph (B)(xi), the Secretary shall, in lieu placement for individuals that have grad- law, an agreement arrived at between the of carrying out section 690.10 of title 34, Code uated from an institution or completed a employer and employee before the perform- of Federal Regulations, and subject to avail- course or program that is accredited under ance of the work and affirmed by a written able appropriations, pay $5.00 to the State the State alternative accreditation system. or otherwise verifiable record maintained in for each student who receives a Federal Pell ‘‘(vii) An assurance by the State that accordance with section 11(c)— under the State alternative accreditation Grant at that institution, apprenticeship ‘‘(i) in which the employer has offered and system, only institutions that provide post- program, or entity, as the case may be, for the employee has chosen to receive compen- secondary education and postsecondary edu- an award year. satory time in lieu of monetary overtime cation courses or programs that provide ‘‘(iii) USE OF FUNDS.—All funds that an in- compensation; and credits toward a postsecondary certification, stitution, apprenticeship program, entity, or ‘‘(ii) entered into knowingly and volun- credential, or degree (as defined by the State the State receives under this subparagraph tarily by such employees and not as a condi- in accordance with clause (viii)) will be ac- shall be used solely to pay the cost of— tion of employment. credited. ‘‘(I) administering the Federal Pell Grant, No employee may receive or agree to receive ‘‘(viii) The State’s definition of a postsec- Federal Perkins Loan, Federal Work-Study, compensatory time off under this subsection ondary certification, credential, or degree, and Federal Supplemental Educational Op- unless the employee has worked at least 1,000 as such term applies to the requirement de- portunity Grants; and hours for the employee’s employer during a scribed in clause (vii). ‘‘(II) carrying out the reporting require- period of continuous employment with the ‘‘(ix) A description of the agreements that ments described under subparagraph (B)(v). employer in the 12-month period before the the State will enter into with institutions ‘‘(iv) FINANCIAL AID SERVICES.—If an insti- date of agreement or receipt of compen- that provide postsecondary education and tution, apprenticeship program, or entity de- satory time off. postsecondary education courses or pro- scribed in this subparagraph enrolls a signifi- ‘‘(3) HOUR LIMIT.— grams that are accredited under the alter- cant number of students who are attending ‘‘(A) MAXIMUM HOURS.—An employee may native accreditation system to enable such less-than-full-time or are independent stu- accrue not more than 160 hours of compen- institutions, courses, or programs to be eligi- dents, such institution, apprenticeship pro- satory time. ble under a program authorized under title gram, entity, or the State, as the case may ‘‘(B) COMPENSATION DATE.—Not later than IV, for participation in the direct student be, shall use a reasonable proportion of the January 31 of each calendar year, the em- loan program, and for the origination of funds provided under this subparagraph to ployee’s employer shall provide monetary loans under part D of title IV, and how such make financial aid services available during compensation for any unused compensatory agreements will operate in lieu of the agree- times and in places that will most effec- time off accrued during the preceding cal- ments described in sections 487 and 454. tively accommodate the needs of those stu- endar year that was not used prior to Decem- ‘‘(x) A description of how the State will se- dents.’’. ber 31 of the preceding year at the rate pre- lect institutions that provide postsecondary (b) TITLE IV ELIGIBILITY REQUIREMENTS.— scribed by paragraph (6). An employer may education and postsecondary education Part G of title IV of the Higher Education designate and communicate to the employ- courses or programs that are accredited Act of 1965 (20 U.S.C. 1088 et seq.) is amended er’s employees a 12-month period other than under the alternative accreditation system, by adding at the end the following: the calendar year, in which case such com- in lieu of the selection process described in ‘‘SEC. 493E. STATE ACCREDITED INSTITUTIONS, pensation shall be provided not later than 31 section 453, for— PROGRAMS, OR COURSES. days after the end of such 12-month period. ‘‘(I) participation in the direct student ‘‘Notwithstanding any other provision of ‘‘(C) EXCESS OF 80 HOURS.—The employer loan program under part D of title IV; and law, an institution, program, or course that may provide monetary compensation for an ‘‘(II) approval allowing such institution, is eligible for funds under this title in ac- employee’s unused compensatory time in ex- program, or course to originate direct loans cordance with section 102(a)(1)(B) and meets cess of 80 hours at any time after giving the under part D of title IV. the requirements of section 102(a)(5) shall employee at least 30 days notice. Such com- ‘‘(xi) A description of how the State will not be required to meet any other require- pensation shall be provided at the rate pre- administer title IV funds for institutions ments of this title. For purposes of this title, scribed by paragraph (6). that provide postsecondary education, post- such an institution, program, or course shall ‘‘(D) POLICY.—Except where a collective secondary apprenticeship programs, and be deemed to be an eligible institution that bargaining agreement provides otherwise, an postsecondary education courses or pro- meets the requirements of section 487.’’. employer that has adopted a policy offering

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2024 CONGRESSIONAL RECORD — SENATE April 1, 2014 compensatory time to employees may dis- Act, the Secretary of Labor shall revise the States to take actions that are not nec- continue such policy upon giving employees materials the Secretary provides, under reg- essarily appropriate for individual States; 30 days notice. ulations published in section 516.4 of title 29, (8) the Federal distribution, review, and ‘‘(E) WRITTEN REQUEST.—An employee may Code of Federal Regulations, to employers enforcement process wastes billions of dol- withdraw an agreement described in para- for purposes of a notice explaining the Fair lars on unproductive activities; graph (2)(B) at any time. An employee may Labor Standards Act of 1938 to employees so (9) Federal mandates that apply uniformly also request in writing that monetary com- that such notice reflects the amendments to all 50 States, regardless of the different pensation be provided, at any time, for all made to such Act by this section. circumstances of the States, cause the compensatory time accrued that has not yet (d) GAO REPORT.—Beginning 2 years after States to waste billions of hard-earned tax been used. Within 30 days of receiving the the date of enactment of this Act and each of dollars on projects, programs, and activities written request, the employer shall provide the 3 years thereafter, the Comptroller Gen- that the States would not otherwise under- the employee the monetary compensation eral shall submit a report to Congress pro- take; and due in accordance with paragraph (6). viding, with respect to the reporting period (10) Congress has expressed a strong inter- ‘‘(4) PRIVATE EMPLOYER ACTIONS.—An em- immediately prior to each such report— est in reducing the role of the Federal Gov- ployer that provides compensatory time (1) data concerning the extent to which ernment by allowing each State to manage under paragraph (1) to employees shall not employers provide compensatory time pursu- its own affairs. directly or indirectly intimidate, threaten, ant to section 7(s) of the Fair Labor Stand- (b) PURPOSES.—The purposes of this title or coerce or attempt to intimidate, threaten, ards Act of 1938, as added by this section, and are— or coerce any employee for the purpose of— the extent to which employees opt to receive (1) to return to the individual States max- ‘‘(A) interfering with such employee’s compensatory time; imum discretionary authority and fiscal re- rights under this subsection to request or (2) the number of complaints alleging a sponsibility for all elements of the national not request compensatory time off in lieu of violation of such section filed by any em- surface transportation systems that are not payment of monetary overtime compensa- ployee with the Secretary of Labor; within the direct purview of the Federal tion for overtime hours; or (3) the number of enforcement actions Government; ‘‘(B) requiring any employee to use such commenced by the Secretary or commenced (2) to preserve Federal responsibility for compensatory time. by the Secretary on behalf of any employee the Dwight D. Eisenhower National System ‘‘(5) TERMINATION OF EMPLOYMENT.—An em- for alleged violations of such section; of Interstate and Defense Highways; ployee who has accrued compensatory time (4) the disposition or status of such com- (3) to preserve the responsibility of the De- off authorized to be provided under para- plaints and actions described in paragraphs partment of Transportation for— graph (1) shall, upon the voluntary or invol- (2) and (3); and (A) design, construction, and preservation untary termination of employment, be paid (5) an account of any unpaid wages, dam- of transportation facilities on Federal public for the unused compensatory time in accord- ages, penalties, injunctive relief, or other land; ance with paragraph (6). remedies obtained or sought by the Sec- (B) national programs of transportation re- ‘‘(6) RATE OF COMPENSATION.— retary in connection with such actions de- search and development and transportation ‘‘(A) GENERAL RULE.—If compensation is to scribed in paragraph (3). safety; and be paid to an employee for accrued compen- (e) SUNSET.—This section and the amend- (C) emergency assistance to the States in satory time off, such compensation shall be ments made by this Act shall expire 5 years response to natural disasters; paid at a rate of compensation not less after the date of enactment of this Act. (4) to eliminate to the maximum extent than— Mr. LEE (for himself and practicable Federal obstacles to the ability ‘‘(i) the regular rate received by such em- SA 2925. of each State to apply innovative solutions ployee when the compensatory time was Mr. RUBIO) submitted an amendment to the financing, design, construction, oper- earned; or intended to be proposed by him to the ation, and preservation of Federal and State ‘‘(ii) the final regular rate received by such bill H.R. 3979, to amend the Internal transportation facilities; and employee, Revenue Code of 1986 to ensure that (5) with respect to transportation activi- whichever is higher. emergency services volunteers are not ties carried out by States, local govern- ‘‘(B) CONSIDERATION OF PAYMENT.—Any taken into account as employees under ments, and the private sector, to encour- payment owed to an employee under this the shared responsibility requirements age— subsection for unused compensatory time contained in the Patient Protection (A) competition among States, local gov- shall be considered unpaid overtime com- ernments, and the private sector; and pensation. and Affordable Care Act; which was or- (B) innovation, energy efficiency, private ‘‘(7) USE OF TIME.—An employee— dered to lie on the table; as follows: sector participation, and productivity. ‘‘(A) who has accrued compensatory time At the appropriate place, insert the fol- SEC. l03. FUNDING LIMITATION. off authorized to be provided under para- lowing: Notwithstanding any other provision of graph (1); and TITLE ll—TRANSPORTATION law, if the Secretary of Transportation de- ‘‘(B) who has requested the use of such EMPOWERMENT termines for any of fiscal years 2015 through compensatory time, SEC. l01. SHORT TITLE. 2019 that the aggregate amount required to shall be permitted by the employee’s em- This title may be cited as the ‘‘Transpor- carry out transportation programs and ployer to use such time within a reasonable tation Empowerment Act’’. projects under this title and amendments period after making the request if the use of SEC. l02. FINDINGS AND PURPOSES. made by this title exceeds the estimated ag- the compensatory time does not unduly dis- (a) FINDINGS.—Congress finds that— gregate amount in the Highway Trust Fund rupt the operations of the employer. (1) the objective of the Federal highway available for those programs and projects for ‘‘(8) DEFINITIONS.—For purposes of this sub- program has been to facilitate the construc- the fiscal year, each amount made available section— tion of a modern freeway system that pro- for that program or project shall be reduced ‘‘(A) the term ‘employee’ does not include motes efficient interstate commerce by con- by the pro rata percentage required to re- an employee of a public agency; and necting all States; duce the aggregate amount required to carry ‘‘(B) the terms ‘overtime compensation’ (2) the objective described in paragraph (1) out those programs and projects to an and ‘compensatory time’ shall have the has been attained, and the Interstate System amount equal to that available for those pro- meanings given such terms by subsection connecting all States is near completion; grams and projects in the Highway Trust (o)(7).’’. (3) each State has the responsibility of pro- Fund for the fiscal year. (b) REMEDIES.—Section 16 of the Fair viding an efficient transportation network Labor Standards Act of 1938 (29 U.S.C. 216) is SEC. l04. FUNDING FOR CORE HIGHWAY PRO- for the residents of the State; GRAMS. amended— (4) each State has the means to build and (a) IN GENERAL.— (1) in subsection (b), by striking ‘‘(b) Any operate a network of transportation sys- (1) AUTHORIZATION OF APPROPRIATIONS.— employer’’ and inserting ‘‘(b) Except as pro- tems, including highways, that best serves The following sums are authorized to be ap- vided in subsection (f), any employer’’; and the needs of the State; propriated out of the Highway Trust Fund (2) by adding at the end the following: ‘‘(f) An employer that violates section (5) each State is best capable of deter- (other than the Mass Transit Account): 7(s)(4) shall be liable to the employee af- mining the needs of the State and acting on (A) FEDERAL-AID HIGHWAY PROGRAM.—For fected in the amount of the rate of com- those needs; the national highway performance program pensation (determined in accordance with (6) the Federal role in highway transpor- under section 119 of title 23, United States section 7(s)(6)(A)) for each hour of compen- tation has, over time, usurped the role of the Code, the surface transportation program satory time accrued by the employee and in States by taxing motor fuels used in the under section 133 of that title, the metropoli- an additional equal amount as liquidated States and then distributing the proceeds to tan transportation planning program under damages reduced by the amount of such rate the States based on the perceptions of the section 134 of that title, the highway safety of compensation for each hour of compen- Federal Government on what is best for the improvement program under section 148 of satory time used by such employee.’’. States; that title, and the congestion mitigation and (c) NOTICE TO EMPLOYEES.—Not later than (7) the Federal Government has used the air quality improvement program under sec- 30 days after the date of enactment of this Federal motor fuels tax revenues to force all tion 149 of that title—

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(i) $37,592,576,000 for fiscal year 2015; (B) in subparagraph (A) by striking ‘‘fiscal ‘‘(g) CORE PROGRAMS FINANCING RATE.—For (ii) $19,720,696,000 for fiscal year 2016; year 2014’’ and inserting ‘‘fiscal year 2014 and purposes of this section— (iii) $13,147,130,000 for fiscal year 2017; each subsequent fiscal year’’. ‘‘(1) IN GENERAL.—Except as provided in (iv) $10,271,196,000 for fiscal year 2018; and (5) NATIONAL BRIDGE AND TUNNEL INVEN- paragraph (2)— (v) $7,600,685,000 for fiscal year 2019. TORY AND INSPECTION STANDARDS.— ‘‘(A) in the case of gasoline and special (B) EMERGENCY RELIEF.—For emergency re- (A) IN GENERAL.—Section 144 of title 23, motor fuels the tax rate of which is the rate lief under section 125 of title 23, United United States Code, is amended— specified in section 4081(a)(2)(A)(i), the core States Code, $100,000,000 for each of fiscal (i) in subsection (e)(1) by inserting ‘‘on the programs financing rate is— years 2015 through 2019. Federal-aid system’’ after ‘‘any bridge’’; and ‘‘(i) after September 30, 2014, and before Oc- (C) FEDERAL LANDS PROGRAMS.— (ii) in subsection (f)(1) by inserting ‘‘on the tober 1, 2015, 18.3 cents per gallon, (i) FEDERAL LANDS TRANSPORTATION PRO- Federal-aid system’’ after ‘‘construct any ‘‘(ii) after September 30, 2015, and before GRAM.—For the Federal lands transportation bridge’’. October 1, 2016, 9.6 cents per gallon, program under section 203 of title 23, United (B) REPEAL OF HISTORIC BRIDGES PROVI- ‘‘(iii) after September 30, 2016, and before States Code, $300,000,000 for each of fiscal SIONS.—Section 144(g) of title 23, United October 1, 2017, 6.4 cents per gallon, years 2015 through 2019, of which $240,000,000 States Code, is repealed. ‘‘(iv) after September 30, 2017, and before of the amount made available for each fiscal (6) REPEAL OF TRANSPORTATION ALTER- October 1, 2018, 5.0 cents per gallon, and year shall be the amount for the National NATIVES PROGRAM.—The following provisions ‘‘(v) after September 30, 2018, 3.7 cents per Park Service and $30,000,000 of the amount are repealed: gallon, and made available for each fiscal year shall be (A) Section 213 of title 23, United States ‘‘(B) in the case of kerosene, diesel fuel, the amount for the United States Fish and Code. and special motor fuels the tax rate of which Wildlife Service. (B) The item relating to section 213 in the is the rate specified in section (ii) FEDERAL LANDS ACCESS PROGRAM.—For analysis for chapter 1 of title 23, United 4081(a)(2)(A)(iii), the core programs financing the Federal lands access program under sec- States Code. rate is— tion 204 of title 23, United States Code, (7) NATIONAL DEFENSE HIGHWAYS.—Section ‘‘(i) after September 30, 2014, and before Oc- $250,000,000 for each of fiscal years 2015 311 of title 23, United States Code, is amend- tober 1, 2015, 24.3 cents per gallon, through 2019. ed— ‘‘(ii) after September 30, 2015, and before (D) ADMINISTRATIVE EXPENSES.—Section (A) in the first sentence, by striking October 1, 2016, 12.7 cents per gallon, 104(a) of title 23, United States Code, is ‘‘under subsection (a) of section 104 of this ‘‘(iii) after September 30, 2016, and before amended by striking paragraph (1) and in- title’’ and inserting ‘‘to carry out this sec- October 1, 2017, 8.5 cents per gallon, serting the following: tion’’; and ‘‘(iv) after September 30, 2017, and before (B) by striking the second sentence. ‘‘(1) IN GENERAL.—There are authorized to October 1, 2018, 6.6 cents per gallon, and be appropriated from the Highway Trust (8) FEDERALIZATION AND DEFEDERALIZATION ‘‘(v) after September 30, 2018, 5.0 cents per Fund (other than the Mass Transit Account) OF PROJECTS.—Notwithstanding any other gallon. provision of law, beginning on October 1, to be made available to the Secretary for ad- ‘‘(2) APPLICATION OF RATE.—In the case of ministrative expenses of the Federal High- 2014— fuels used as described in paragraphs (3)(C), (A) a highway construction or improve- way Administration— (4)(B), and (5) of subsection (c), the core pro- ment project shall not be considered to be a ‘‘(A) $437,600,000 for fiscal year 2015; grams financing rate is zero.’’. Federal highway construction or improve- ‘‘(B) $229,565,000 for fiscal year 2016; (c) TERMINATION OF MASS TRANSIT AC- ment project unless and until a State ex- ‘‘(C) $153,043,000 for fiscal year 2017; COUNT.—Section 9503(e)(2) of the Internal pends Federal funds for the construction por- ‘‘(D) $119,565,000 for fiscal year 2018; and Revenue Code of 1986 is amended— tion of the project; ‘‘(E) $88,478,000 for fiscal year 2019.’’. (1) in the first sentence, by inserting ‘‘, and (B) a highway construction or improve- (2) TRANSFERABILITY OF FUNDS.—Section before October 1, 2014’’ after ‘‘March 31, ment project shall not be considered to be a 104 of title 23, United States Code, is amend- 1983’’; and Federal highway construction or improve- ed by striking subsection (f) and inserting (2) by adding at the end the following: ment project solely by reason of the expendi- the following: ‘‘(6) TRANSFER TO HIGHWAY ACCOUNT.—On ture of Federal funds by a State before the ‘‘(f) TRANSFERABILITY OF FUNDS.— construction phase of the project to pay ex- October 1, 2014, the Secretary shall transfer ‘‘(1) IN GENERAL.—To the extent that a penses relating to the project, including for all amounts in the Mass Transit Account to State determines that funds made available any environmental document or design work the Highway Account.’’. under this title to the State for a purpose required for the project; and (d) EFFECTIVE DATE.—The amendments and are in excess of the needs of the State for (C)(i) a State may, after having used Fed- repeals made by this section take effect on that purpose, the State may transfer the ex- eral funds to pay all or a portion of the costs October 1, 2014. cess funds to, and use the excess funds for, of a highway construction or improvement SEC. l05. FUNDING FOR HIGHWAY RESEARCH any surface transportation (including mass project, reimburse the Federal Government AND DEVELOPMENT PROGRAM. transit and rail) purpose in the State. in an amount equal to the amount of Federal (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) ENFORCEMENT.—If the Secretary deter- funds so expended; and There is authorized to be appropriated out of mines that a State has transferred funds (ii) after completion of a reimbursement the Highway Trust Fund (other than the under paragraph (1) to a purpose that is not described in clause (i), a highway construc- Mass Transit Account) to carry out section a surface transportation purpose as described tion or improvement project described in 503(b) of title 23, United States Code, in paragraph (1), the amount of the improp- that clause shall no longer be considered to $115,000,000 for each of fiscal years 2015 erly transferred funds shall be deducted from be a Federal highway construction or im- through 2019. any amount the State would otherwise re- provement project. (b) APPLICABILITY OF TITLE 23, UNITED ceive from the Highway Trust Fund for the (9) REPORTING REQUIREMENTS.—No report- STATES CODE.—Funds authorized to be appro- fiscal year that begins after the date of the ing requirement, other than a reporting re- priated by subsection (a) shall— determination.’’. quirement in effect as of the date of enact- (1) be available for obligation in the same (3) FEDERAL-AID SYSTEM.— ment of this Act, shall apply on or after Oc- manner as if those funds were apportioned (A) IN GENERAL.—Section 103(a) of title 23, tober 1, 2014, to the use of Federal funds for under chapter 1 of title 23, United States United States Code, is amended by striking highway projects by a public-private part- Code, except that the Federal share of the ‘‘the National Highway System, which in- nership. cost of a project or activity carried out using cludes’’. (b) EXPENDITURES FROM HIGHWAY TRUST those funds shall be 80 percent, unless other- (B) CONFORMING AMENDMENTS.—Chapter 1 FUND.— wise expressly provided by this title (includ- of title 23, United States Code, is amended— (1) EXPENDITURES FOR CORE PROGRAMS.— ing the amendments by this title) or other- (i) in section 103 by striking the section Section 9503(c) of the Internal Revenue Code wise determined by the Secretary; and designation and heading and inserting the of 1986 is amended— (2) remain available until expended and not following: (A) in paragraph (1)— be transferable. ‘‘§ 103. Federal-aid system’’; (i) by striking ‘‘October 1, 2014’’ and insert- SEC. l06. RETURN OF EXCESS TAX RECEIPTS TO STATES. and ing ‘‘October 1, 2020’’; and (ii) in the analysis by striking the item re- (ii) by striking ‘‘MAP–21’’ and inserting (a) IN GENERAL.—Section 9503(c) of the In- lating to section 103 and inserting the fol- ‘‘Transportation Empowerment Act’’; ternal Revenue Code of 1986 is amended by lowing: (B) in paragraphs (3)(A)(i), (4)(A), and (5), adding at the end the following: by striking ‘‘October 1, 2016’’ each place it ‘‘(6) RETURN OF EXCESS TAX RECEIPTS TO ‘‘103. Federal-aid system.’’. appears and inserting ‘‘October 1, 2022’’; and STATES FOR SURFACE TRANSPORTATION PUR- (4) CALCULATION OF STATE AMOUNTS.—Sec- (C) in paragraph (2), by striking ‘‘July 1, POSES.— tion 104(c)(2) of title 23, United States Code, 2017’’ and inserting ‘‘July 1, 2023’’. ‘‘(A) IN GENERAL.—On the first day of each is amended— (2) AMOUNTS AVAILABLE FOR CORE PROGRAM of fiscal years 2016, 2017, 2018, and 2019, the (A) in the paragraph heading by striking EXPENDITURES.—Section 9503 of the Internal Secretary, in consultation with the Sec- ‘‘FOR FISCAL YEAR 2014’’ and inserting ‘‘SUB- Revenue Code of 1986 is amended by adding retary of Transportation, shall— SEQUENT FISCAL YEARS’’; and at the end the following: ‘‘(i) determine the excess (if any) of—

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2026 CONGRESSIONAL RECORD — SENATE April 1, 2014 ‘‘(I) the amounts appropriated in such fis- September 30, 2016’’ and inserting ‘‘zero after SEC. l09. EFFECTIVE DATE CONTINGENT ON cal year to the Highway Trust Fund under September 30, 2021’’. CERTIFICATION OF DEFICIT NEU- subsection (b) which are attributable to the (6) Section 9503(b) of such Code is amend- TRALITY. taxes described in paragraphs (1) and (2) ed— (a) PURPOSE.—The purpose of this section thereof (after the application of paragraph (A) in paragraphs (1) and (2), by striking is to ensure that— (4) thereof) over the sum of— ‘‘October 1, 2016’’ both places it appears and (1) this title will become effective only if ‘‘(II) the amounts so appropriated which inserting ‘‘October 1, 2021’’; the Director of the Office of Management are equivalent to— (B) in the heading of paragraph (2), by and Budget certifies that this title is deficit ‘‘(aa) such amounts attributable to the striking ‘‘OCTOBER 1, 2016’’ and inserting ‘‘OC- neutral; core programs financing rate for such year, TOBER 1, 2021’’; (2) discretionary spending limits are re- plus (C) in paragraph (2), by striking ‘‘after Sep- duced to capture the savings realized in de- ‘‘(bb) the taxes described in paragraphs tember 30, 2016, and before July 1, 2017’’ and volving transportation functions to the (3)(C), (4)(B), and (5) of subsection (c), and inserting ‘‘after September 30, 2021, and be- State level pursuant to this title; and ‘‘(ii) allocate the amount determined under fore July 1, 2022’’; and (3) the tax reduction made by this title is clause (i) among the States (as defined in (D) in paragraph (6)(B), by striking ‘‘Octo- not scored under pay-as-you-go and does not section 101(a) of title 23, United States Code) ber 1, 2014’’ and inserting ‘‘October 1, 2019’’. inadvertently trigger a sequestration. (b) EFFECTIVE DATE CONTINGENCY.—Not- for surface transportation (including mass (c) FLOOR STOCK REFUNDS.— withstanding any other provision of this transit and rail) purposes so that— (1) IN GENERAL.—If— title, this title and the amendments made by ‘‘(I) the percentage of that amount allo- (A) before October 1, 2019, tax has been im- this title shall take effect only if— cated to each State, is equal to posed under section 4081 of the Internal Rev- (1) the Director of the Office of Manage- ‘‘(II) the percentage of the amount deter- enue Code of 1986 on any liquid; and ment and Budget (referred to in this section mined under clause (i)(I) paid into the High- (B) on such date such liquid is held by a as the ‘‘Director’’) submits the report as re- way Trust Fund in the latest fiscal year for dealer and has not been used and is intended quired in subsection (c); and which such data are available which is at- for sale; (2) the report contains a certification by tributable to highway users in the State. there shall be credited or refunded (without the Director that, based on the required esti- ‘‘(B) ENFORCEMENT.—If the Secretary de- interest) to the person who paid such tax (in mates, the reduction in discretionary out- termines that a State has used amounts this subsection referred to as the ‘‘tax- lays resulting from the reduction in contract under subparagraph (A) for a purpose which payer’’) an amount equal to the excess of the authority is at least as great as the reduc- is not a surface transportation purpose as de- tax paid by the taxpayer over the amount of tion in revenues for each fiscal year through scribed in subparagraph (A), the improperly such tax which would be imposed on such liq- fiscal year 2019. used amounts shall be deducted from any uid had the taxable event occurred on such (c) OMB ESTIMATES AND REPORT.— amount the State would otherwise receive date. (1) REQUIREMENTS.—Not later than 5 cal- from the Highway Trust Fund for the fiscal (2) TIME FOR FILING CLAIMS.—No credit or endar days after the date of enactment of year which begins after the date of the deter- refund shall be allowed or made under this this Act, the Director shall— mination.’’. subsection unless— (A) estimate the net change in revenues re- (b) EFFECTIVE DATE.—The amendment (A) claim therefor is filed with the Sec- sulting from this title for each fiscal year made by this section takes effect on October retary of the Treasury before April 1, 2020; through fiscal year 2019; 1, 2014. and (B) estimate the net change in discre- SEC. l07. REDUCTION IN TAXES ON GASOLINE, (B) in any case where liquid is held by a tionary outlays resulting from the reduction DIESEL FUEL, KEROSENE, AND SPE- dealer (other than the taxpayer) on October in contract authority under this title for CIAL FUELS FUNDING HIGHWAY 1, 2019— each fiscal year through fiscal year 2019; TRUST FUND. (i) the dealer submits a request for refund (C) determine, based on those estimates, (a) REDUCTION IN TAX RATE.— or credit to the taxpayer before January 1, whether the reduction in discretionary out- (1) IN GENERAL.—Section 4081(a)(2)(A) of 2020; and lays is at least as great as the reduction in the Internal Revenue Code of 1986 is amend- (ii) the taxpayer has repaid or agreed to revenues for each fiscal year through fiscal ed— repay the amount so claimed to such dealer year 2019; and (A) in clause (i), by striking ‘‘18.3 cents’’ or has obtained the written consent of such (D) submit to Congress a report setting and inserting ‘‘3.7 cents’’; and dealer to the allowance of the credit or the forth the estimates and determination. (B) in clause (iii), by striking ‘‘24.3 cents’’ making of the refund. (2) APPLICABLE ASSUMPTIONS AND GUIDE- and inserting ‘‘5.0 cents’’. (3) EXCEPTION FOR FUEL HELD IN RETAIL LINES.— (2) CONFORMING AMENDMENTS.— STOCKS.—No credit or refund shall be allowed (A) REVENUE ESTIMATES.—The revenue esti- (A) Section 4081(a)(2)(D) of such Code is under this subsection with respect to any mates required under paragraph (1)(A) shall amended— liquid in retail stocks held at the place be predicated on the same economic and (i) by striking ‘‘19.7 cents’’ and inserting where intended to be sold at retail. technical assumptions and score keeping ‘‘4.1 cents’’, and (4) DEFINITIONS.—For purposes of this sub- guidelines that would be used for estimates (ii) by striking ‘‘24.3 cents’’ and inserting section, the terms ‘‘dealer’’ and ‘‘held by a made pursuant to section 252(d) of the Bal- ‘‘5.0 cents’’. dealer’’ have the respective meanings given anced Budget and Emergency Deficit Control (B) Section 6427(b)(2)(A) of such Code is to such terms by section 6412 of such Code; Act of 1985 (2 U.S.C. 902(d)). amended by striking ‘‘7.4 cents’’ and insert- except that the term ‘‘dealer’’ includes a pro- (B) OUTLAY ESTIMATES.—The outlay esti- ing ‘‘1.5 cents’’. ducer. mates required under paragraph (1)(B) shall (b) ADDITIONAL CONFORMING AMEND- (5) CERTAIN RULES TO APPLY.—Rules similar be determined by comparing the level of dis- MENTS.— to the rules of subsections (b) and (c) of sec- cretionary outlays resulting from this title (1) Section 4041(a)(1)(C)(iii)(I) of the Inter- tion 6412 and sections 6206 and 6675 of such with the corresponding level of discretionary nal Revenue Code of 1986 is amended by Code shall apply for purposes of this sub- outlays projected in the baseline under sec- striking ‘‘7.3 cents per gallon (4.3 cents per section. tion 257 of the Balanced Budget and Emer- gallon after September 30, 2016)’’ and insert- (d) EFFECTIVE DATES.— gency Deficit Control Act of 1985 (2 U.S.C. ing ‘‘1.4 cents per gallon (zero after Sep- (1) IN GENERAL.—Except as provided in 907). tember 30, 2021)’’. paragraph (2), the amendments made by this (d) CONFORMING ADJUSTMENT TO DISCRE- (2) Section 4041(a)(2)(B)(ii) of such Code is section shall apply to fuel removed after TIONARY SPENDING LIMITS.—On compliance amended by striking ‘‘24.3 cents’’ and insert- September 30, 2019. with the requirements specified in sub- ing ‘‘5.0 cents’’. (2) CERTAIN CONFORMING AMENDMENTS.—The section (b), the Director shall adjust the ad- (3) Section 4041(a)(3)(A) of such Code is amendments made by subsections (b)(4) and justed discretionary spending limits for each amended by striking ‘‘18.3 cents’’ and insert- (b)(6) shall apply to fuel removed after Sep- fiscal year through fiscal year 2019 under sec- ing ‘‘3.7 cents’’. tember 30, 2016. tion 601(a)(2) of the Congressional Budget (4) Section 4041(m)(1) of such Code is SEC. l08. REPORT TO CONGRESS. Act of 1974 (2 U.S.C. 665(a)(2)) by the esti- amended— Not later than 180 days after the date of mated reductions in discretionary outlays (A) in subparagraph (A), by striking ‘‘2016’’ enactment of this Act, after consultation under subsection (c)(1)(B). and inserting ‘‘2021,’’; with the appropriate committees of Con- (e) PAYGO INTERACTION.—On compliance (B) in subparagraph (A)(i), by striking ‘‘9.15 gress, the Secretary of Transportation shall with the requirements specified in sub- cents’’ and inserting ‘‘1.8 cents’’; submit a report to Congress describing such section (b), no changes in revenues estimated (C) in subparagraph (A)(ii), by striking technical and conforming amendments to ti- to result from the enactment of this Act ‘‘11.3 cents’’ and inserting ‘‘2.3 cents’’; and tles 23 and 49, United States Code, and such shall be counted for the purposes of section (D) by striking subparagraph (B) and in- technical and conforming amendments to 252(d) of the Balanced Budget and Emergency serting the following: other laws, as are necessary to bring those Deficit Control Act of 1985 (2 U.S.C. 902(d)). ‘‘(B) zero after September 30, 2021.’’. titles and other laws into conformity with (5) Section 4081(d)(1) of such Code is amend- the policy embodied in this title and the SA 2926. Mr. COATS submitted an ed by striking ‘‘4.3 cents per gallon after amendments made by this title. amendment intended to be proposed to

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2027 amendment SA 2874 proposed by Mr. missioner may require, as a condition of cer- SEC. 202. FINDINGS AND PURPOSE. REID (for Mr. REED (for himself, Mr. tification for payment of any benefits under (a) FINDINGS.—Congress finds the following: HELLER, Mr. MERKLEY, Ms. COLLINS, section 223 to any individual for any month and of any benefits under section 202 for such (1) Section 1 of article I of the United Mr. BOOKER, Mr. PORTMAN, Mr. BROWN, month based on such individual’s wages and States Constitution grants all legislative Ms. MURKOWSKI, Mr. DURBIN, and Mr. self-employment income, that such indi- powers to Congress. KIRK)) to the bill H.R. 3979, to amend vidual certify— (2) Over time, Congress has excessively del- the Internal Revenue Code of 1986 to ‘‘(A) whether the individual has filed or in- egated its constitutional charge while failing ensure that emergency services volun- tends to file any claim for unemployment to conduct appropriate oversight and retain teers are not taken into account as em- compensation, and accountability for the content of the laws it ployees under the shared responsibility ‘‘(B) if the individual has filed a claim, passes. requirements contained in the Patient whether there has been a decision on such (3) By requiring a vote in Congress, the claim. REINS Act will result in more carefully Protection and Affordable Care Act; ‘‘(2) For purposes of paragraph (1), the drafted and detailed legislation, an improved which was ordered to lie on the table; Commissioner may, in the absence of evi- regulatory process, and a legislative branch as follows: dence to the contrary, rely upon a certifi- that is truly accountable to the people of the On page 16 of the amendment, strike line 15 cation by the individual that the individual United States for the laws imposed upon and all that follows through page 18, line 19, has not filed and does not intend to file such them. and insert the following: a claim, or that the individual has so filed (b) PURPOSE.—The purpose of this title is SEC. 10. REDUCTION IN BENEFITS BASED ON RE- and no final decision thereon has been made, to increase accountability for and trans- CEIPT OF UNEMPLOYMENT COM- in certifying benefits for payment pursuant parency in the Federal regulatory process. PENSATION. to section 205(i). SEC. 203. CONGRESSIONAL REVIEW OF AGENCY (a) IN GENERAL.—Title II of the Social Se- ‘‘(e) Whenever a reduction in total benefits RULEMAKING. curity Act (42 U.S.C. 401 et seq.) is amended based on an individual’s wages and self-em- Chapter 8 of title 5, United States Code, is by inserting after section 224 the following ployment income is made under this section amended to read as follows: new section: for any month, each benefit, except the disability insurance benefit, shall first be pro- ‘‘CHAPTER 8—CONGRESSIONAL REVIEW ‘‘REDUCTION IN BENEFITS BASED ON RECEIPT OF portionately decreased, and any excess of OF AGENCY RULEMAKING UNEMPLOYMENT COMPENSATION such reduction over the sum of all such bene- ‘‘Sec. ‘‘SEC. 224A (a)(1) If for any month prior to fits other than the disability insurance ben- ‘‘801. Congressional review. the month in which an individual attains re- efit shall then be applied to such disability ‘‘802. Congressional approval procedure for tirement age (as defined in section insurance benefit. major rules. 216(l)(1))— ‘‘(f)(1) Notwithstanding any other provi- ‘‘803. Congressional disapproval procedure ‘‘(A) such individual is entitled to benefits sion of law, the head of any Federal agency for nonmajor rules. under section 223, and shall provide such information within its ‘‘804. Definitions. ‘‘(B) such individual is entitled for such possession as the Commissioner may require ‘‘805. Judicial review. month to unemployment compensation, for purposes of making a timely determina- ‘‘806. Exemption for monetary policy. the total of the individual’s benefits under tion of the amount of the reduction, if any, ‘‘807. Effective date of certain rules. section 223 for such month and of any bene- required by this section in benefits payable ‘‘§ 801. Congressional review fits under section 202 for such month based under this title, or verifying other informa- ‘‘(a)(1)(A) Before a rule may take effect, on the individual’s wages and self-employ- tion necessary in carrying out the provisions the Federal agency promulgating such rule ment income shall be reduced (but not below of this section. shall submit to each House of Congress and zero) by the total amount of unemployment ‘‘(2) The Commissioner is authorized to to the Comptroller General a report con- compensation received by such individual for enter into agreements with States, political taining— such month. subdivisions, and other organizations that ‘‘(i) a copy of the rule; ‘‘(2) The reduction of benefits under para- administer unemployment compensation, in ‘‘(ii) a concise general statement relating graph (1) shall also apply to any past-due order to obtain such information as the Com- to the rule; benefits under section 223 for any month in missioner may require to carry out the pro- ‘‘(iii) a classification of the rule as a major which the individual was entitled to— visions of this section. or nonmajor rule, including an explanation ‘‘(A) benefits under such section, and ‘‘(g) For purposes of this section, the term of the classification specifically addressing ‘‘(B) unemployment compensation. ‘unemployment compensation’ has the mean- each criteria for a major rule contained ‘‘(3) The reduction of benefits under para- ing given that term in section 85(b) of the In- within sections 804(2)(A), 804(2)(B), and graph (1) shall not apply to any benefits ternal Revenue Code of 1986, and the total 804(2)(C); under section 223 for any month, or any ben- amount of unemployment compensation to ‘‘(iv) a list of any other related regulatory efits under section 202 for such month based which an individual is entitled shall be de- actions intended to implement the same on the individual’s wages and self-employ- termined prior to any applicable reduction statutory provision or regulatory objective ment income for such month, if the indi- under State law based on the receipt of bene- as well as the individual and aggregate eco- fits under section 202 or 223.’’. vidual is entitled for such month to unem- nomic effects of those actions; and (b) CONFORMING AMENDMENT.—Section ployment compensation following a period of 224(a) of the Social Security Act (42 U.S.C. ‘‘(v) the proposed effective date of the rule. trial work (as described in section 222(c)(1), ‘‘(B) On the date of the submission of the 424a(a)) is amended, in the matter preceding participation in the Ticket to Work and Self- report under subparagraph (A), the Federal paragraph (1), by striking ‘‘the age of 65’’ and Sufficiency Program established under sec- agency promulgating the rule shall submit inserting ‘‘retirement age (as defined in section 1148, or participation in any other pro- to the Comptroller General and make avail- tion 216(l)(1))’’. gram that is designed to encourage an indi- (c) EFFECTIVE DATE.—The amendments able to each House of Congress— vidual entitled to benefits under section 223 made by subsections (a) and (b) shall apply ‘‘(i) a complete copy of the cost-benefit or 202 to work. to benefits payable for months beginning on analysis of the rule, if any; ‘‘(b) If any unemployment compensation is or after the date that is 12 months after the ‘‘(ii) the actions of the agency pursuant to payable to an individual on other than a date of enactment of this section. sections 603, 604, 605, 607, and 609 of title 5, monthly basis (including a benefit payable United States Code; as a lump sum to the extent that it is a com- SA 2927. Mr. PAUL submitted an ‘‘(iii) the actions of the agency pursuant to mutation of, or a substitute for, such peri- amendment intended to be proposed by sections 1532, 1533, 1534, and 1535 of title 2, odic compensation), the reduction under this him to the bill H.R. 3979, to amend the United States Code; and section shall be made at such time or times ‘‘(iv) any other relevant information or re- and in such amounts as the Commissioner of Internal Revenue Code of 1986 to ensure quirements under any other Act and any rel- Social Security (referred to in this section as that emergency services volunteers are evant Executive orders. the ‘Commissioner’) determines will approxi- not taken into account as employees ‘‘(C) Upon receipt of a report submitted mate as nearly as practicable the reduction under the shared responsibility re- under subparagraph (A), each House shall prescribed by subsection (a). quirements contained in the Patient provide copies of the report to the chairman ‘‘(c) Reduction of benefits under this sec- Protection and Affordable Care Act; and ranking member of each standing com- tion shall be made after any applicable re- which was ordered to lie on the table; mittee with jurisdiction under the rules of ductions under section 203(a) and section 224, as follows: the House of Representatives or the Senate but before any other applicable deductions to report a bill to amend the provision of law under section 203. At the end, add the following: under which the rule is issued. ‘‘(d)(1) Subject to paragraph (2), if the TITLE II—REINS ACT ‘‘(2)(A) The Comptroller General shall pro- Commissioner determines that an individual SECTION 201. SHORT TITLE. vide a report on each major rule to the com- may be eligible for unemployment com- This Act may be cited as the ‘‘Regulations mittees of jurisdiction by the end of 15 cal- pensation which would give rise to a reduc- From the Executive in Need of Scrutiny Act endar days after the submission or publication of benefits under this section, the Com- of 2014’’ or the ‘‘REINS Act’’. tion date as provided in section 802(b)(2). The

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2028 CONGRESSIONAL RECORD — SENATE April 1, 2014 report of the Comptroller General shall in- ‘‘(II) in the case of the House of Represent- order. If a motion to proceed to the consider- clude an assessment of compliance by the atives, the 15th legislative day after the suc- ation of the joint resolution is agreed to, the agency with procedural steps required by ceeding session of Congress first convenes; joint resolution shall remain the unfinished paragraph (1)(B). and business of the Senate until disposed of. ‘‘(B) Federal agencies shall cooperate with ‘‘(ii) a report on such rule were submitted ‘‘(2) In the Senate, debate on the joint res- the Comptroller General by providing infor- to Congress under subsection (a)(1) on such olution, and on all debatable motions and ap- mation relevant to the Comptroller Gen- date. peals in connection therewith, shall be lim- eral’s report under subparagraph (A). ‘‘(B) Nothing in this paragraph shall be ited to not more than 2 hours, which shall be ‘‘(3) A major rule relating to a report sub- construed to affect the requirement under divided equally between those favoring and mitted under paragraph (1) shall take effect subsection (a)(1) that a report shall be sub- those opposing the joint resolution. A mo- upon enactment of a joint resolution of ap- mitted to Congress before a rule can take ef- tion to further limit debate is in order and proval described in section 802 or as provided fect. not debatable. An amendment to, or a mo- for in the rule following enactment of a joint ‘‘(3) A rule described under paragraph (1) tion to postpone, or a motion to proceed to resolution of approval described in section shall take effect as otherwise provided by the consideration of other business, or a mo- 802, whichever is later. law (including other subsections of this section to recommit the joint resolution is not ‘‘(4) A nonmajor rule shall take effect as tion). in order. provided by section 803 after submission to ‘‘(3) In the Senate, immediately following Congress under paragraph (1). ‘‘§ 802. Congressional approval procedure for the conclusion of the debate on a joint reso- ‘‘(5) If a joint resolution of approval relat- major rules lution described in subsection (a), and a sin- ing to a major rule is not enacted within the ‘‘(a)(1) For purposes of this section, the gle quorum call at the conclusion of the de- period provided in subsection (b)(2), then a term ‘joint resolution’ means only a joint bate if requested in accordance with the joint resolution of approval relating to the resolution addressing a report classifying a rules of the Senate, the vote on final passage same rule may not be considered under this rule as major pursuant to section of the joint resolution shall occur. chapter in the same Congress by either the 801(a)(1)(A)(iii) that— ‘‘(4) Appeals from the decisions of the House of Representatives or the Senate. ‘‘(A) bears no preamble; Chair relating to the application of the rules ‘‘(b)(1) A major rule shall not take effect ‘‘(B) bears the following title: ‘Approving of the Senate to the procedure relating to a unless the Congress enacts a joint resolution the rule submitted by lll relating to joint resolution described in subsection (a) of approval described under section 802. lll.’ (The blank spaces being appro- shall be decided without debate. ‘‘(2) If a joint resolution described in sub- priately filled in); ‘‘(e) In the House of Representatives, if the section (a) is not enacted into law by the end ‘‘(C) includes after its resolving clause only committee or committees to which a joint of 70 session days or legislative days, as ap- the following: ‘That Congress approves the resolution described in subsection (a) has plicable, beginning on the date on which the rule submitted by lll relating to lll.’ been referred has not reported it to the report referred to in section 801(a)(1)(A) is re- (The blank spaces being appropriately filled House at the end of 15 legislative days after ceived by Congress (excluding days either in); and its introduction, such committee or commit- House of Congress is adjourned for more than ‘‘(D) is introduced pursuant to paragraph tees shall be discharged from further consid- 3 days during a session of Congress), then the (2). eration of the joint resolution, and it shall rule described in that resolution shall be ‘‘(2) After a House of Congress receives a be placed on the appropriate calendar. On deemed not to be approved and such rule report classifying a rule as major pursuant the second and fourth Thursdays of each shall not take effect. to section 801(a)(1)(A)(iii), the majority lead- month it shall be in order at any time for ‘‘(c)(1) Notwithstanding any other provi- er of that House (or the designee of the ma- the Speaker to recognize a Member who fa- sion of this section (except subject to para- jority leader) shall introduce (by request, if vors passage of a joint resolution that has graph (3)), a major rule may take effect for appropriate) a joint resolution described in appeared on the calendar for not fewer than one 90-calendar-day period if the President paragraph (1)— 5 legislative days to call up the joint resolu- makes a determination under paragraph (2) ‘‘(A) in the case of the House of Represent- tion for immediate consideration in the and submits written notice of such deter- atives, within 3 legislative days; and House without intervention of any point of mination to the Congress. order. When so called up, a joint resolution ‘‘(2) Paragraph (1) applies to a determina- ‘‘(B) in the case of the Senate, within 3 session days. shall be considered as read and shall be de- tion made by the President by Executive batable for 1 hour equally divided and con- order that the major rule should take effect ‘‘(3) A joint resolution described in paragraph (1) shall not be subject to amendment trolled by the proponent and an opponent, because such rule is— and the previous question shall be considered ‘‘(A) necessary because of an imminent at any stage of proceeding. ‘‘(b) A joint resolution described in sub- as ordered to its passage without intervening threat to health or safety or other emer- motion. It shall not be in order to reconsider gency; section (a) shall be referred in each House of Congress to the committees having jurisdic- the vote on passage. If a vote on final pas- ‘‘(B) necessary for the enforcement of sage of the joint resolution has not been criminal laws; tion over the provision of law under which the rule is issued. taken by the third Thursday on which the ‘‘(C) necessary for national security; or Speaker may recognize a Member under this ‘‘(D) issued pursuant to any statute imple- ‘‘(c) In the Senate, if the committee or committees to which a joint resolution de- subsection, such vote shall be taken on that menting an international trade agreement. day. ‘‘(3) An exercise by the President of the au- scribed in subsection (a) has been referred have not reported it at the end of 15 session ‘‘(f)(1) For purposes of this subsection, the thority under this subsection shall have no term ‘identical joint resolution’ means a days after its introduction, such committee effect on the procedures under section 802. joint resolution of the first House that pro- or committees shall be automatically dis- ‘‘(d)(1) In addition to the opportunity for poses to approve the same major rule as a charged from further consideration of the review otherwise provided under this chap- joint resolution of the second House. ter, sections 802 and 803 shall apply, in the resolution and it shall be placed on the cal- ‘‘(2) If the second House receives from the succeeding session of Congress, to any rule endar. A vote on final passage of the resolu- first House a joint resolution, the Chair shall for which a report was submitted in accord- tion shall be taken on or before the close of determine whether the joint resolution is an ance with subsection (a)(1)(A) during the pe- the 15th session day after the resolution is identical joint resolution. riod beginning on the date occurring— reported by the committee or committees to ‘‘(3) If the second House receives an iden- ‘‘(A) in the case of the Senate, 60 session which it was referred, or after such com- tical joint resolution— days before the date the Congress is sched- mittee or committees have been discharged ‘‘(A) the identical joint resolution shall uled to adjourn a session of Congress from further consideration of the resolution. not be referred to a committee; and through the date on which the same or suc- ‘‘(d)(1) In the Senate, when the committee ‘‘(B) the procedure in the second House ceeding Congress first convenes its next ses- or committees to which a joint resolution is shall be the same as if no joint resolution sion; or referred have reported, or when a committee had been received from the first house, ex- ‘‘(B) in the case of the House of Represent- or committees are discharged (under sub- cept that the vote on final passage shall be atives, 60 legislative days before the date the section (c)) from further consideration of a on the identical joint resolution. Congress is scheduled to adjourn a session of joint resolution described in subsection (a), ‘‘(4) This subsection shall not apply to the Congress through the date on which the it is at any time thereafter in order (even House of Representatives if the joint resolu- same or succeeding Congress first convenes though a previous motion to the same effect tion received from the Senate is a revenue its next session. has been disagreed to) for a motion to pro- measure. ‘‘(2)(A) In applying sections 802 and 803 for ceed to the consideration of the joint resolu- ‘‘(g) If either House has not taken a vote purposes of such additional review, a rule de- tion, and all points of order against the joint on final passage of the joint resolution by scribed under paragraph (1) shall be treated resolution (and against consideration of the the last day of the period described in sec- as though— joint resolution) are waived. The motion is tion 801(b)(2), then such vote shall be taken ‘‘(i) such rule were published in the Federal not subject to amendment, or to a motion to on that day. Register on— postpone, or to a motion to proceed to the ‘‘(h) This section and section 803 are en- ‘‘(I) in the case of the Senate, the 15th ses- consideration of other business. A motion to acted by Congress— sion day after the succeeding session of Con- reconsider the vote by which the motion is ‘‘(1) as an exercise of the rulemaking power gress first convenes; or agreed to or disagreed to shall not be in of the Senate and House of Representatives,

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2029 respectively, and as such is deemed to be lution described in subsection (a), and a sin- agency has completed the necessary require- part of the rules of each House, respectively, gle quorum call at the conclusion of the de- ments under this chapter for a rule to take but applicable only with respect to the pro- bate if requested in accordance with the effect. cedure to be followed in that House in the rules of the Senate, the vote on final passage ‘‘(c) The enactment of a joint resolution of case of a joint resolution described in sub- of the joint resolution shall occur. approval under section 802 shall not— section (a) and superseding other rules only ‘‘(4) Appeals from the decisions of the ‘‘(1) be interpreted to serve as a grant or where explicitly so; and Chair relating to the application of the rules modification of statutory authority by Con- ‘‘(2) with full recognition of the constitu- of the Senate to the procedure relating to a gress for the promulgation of a rule; tional right of either House to change the joint resolution described in subsection (a) ‘‘(2) extinguish or affect any claim, wheth- rules (so far as they relate to the procedure shall be decided without debate. er substantive or procedural, against any al- of that House) at any time, in the same man- ‘‘(e) In the Senate the procedure specified leged defect in a rule; and ner and to the same extent as in the case of in subsection (c) or (d) shall not apply to the ‘‘(3) form part of the record before the any other rule of that House. consideration of a joint resolution respecting court in any judicial proceeding concerning a nonmajor rule— ‘‘§ 803. Congressional disapproval procedure a rule except for purposes of determining ‘‘(1) after the expiration of the 60 session for nonmajor rules whether or not the rule is in effect. days beginning with the applicable submis- ‘‘§ 806. Exemption for monetary policy ‘‘(a) For purposes of this section, the term sion or publication date, or ‘joint resolution’ means only a joint resolu- ‘‘(2) if the report under section 801(a)(1)(A) ‘‘Nothing in this chapter shall apply to tion introduced in the period beginning on was submitted during the period referred to rules that concern monetary policy proposed the date on which the report referred to in in section 801(d)(1), after the expiration of or implemented by the Board of Governors of section 801(a)(1)(A) is received by Congress the 60 session days beginning on the 15th ses- the Federal Reserve System or the Federal and ending 60 days thereafter (excluding sion day after the succeeding session of Con- Open Market Committee. days either House of Congress is adjourned gress first convenes. ‘‘§ 807. Effective date of certain rules for more than 3 days during a session of Con- ‘‘(f) If, before the passage by one House of ‘‘Notwithstanding section 801— gress), the matter after the resolving clause a joint resolution of that House described in ‘‘(1) any rule that establishes, modifies, of which is as follows: ‘That Congress dis- subsection (a), that House receives from the opens, closes, or conducts a regulatory pro- approves the nonmajor rule submitted by the other House a joint resolution described in gram for a commercial, recreational, or sub- relating to , and such rule shall lll lll subsection (a), then the following procedures sistence activity related to hunting, fishing, have no force or effect.’ (The blank spaces shall apply: or camping; or being appropriately filled in). ‘‘(1) The joint resolution of the other ‘‘(2) any rule other than a major rule which ‘‘(b)(1) A joint resolution described in sub- House shall not be referred to a committee. an agency for good cause finds (and incor- section (a) shall be referred to the commit- ‘‘(2) With respect to a joint resolution de- porates the finding and a brief statement of tees in each House of Congress with jurisdic- scribed in subsection (a) of the House receiv- reasons therefore in the rule issued) that no- tion. ing the joint resolution— tice and public procedure thereon are im- ‘‘(2) For purposes of this section, the term ‘‘(A) the procedure in that House shall be practicable, unnecessary, or contrary to the ‘submission or publication date’ means the the same as if no joint resolution had been public interest, later of the date on which— received from the other House; but shall take effect at such time as the Federal ‘‘(A) the Congress receives the report sub- ‘‘(B) the vote on final passage shall be on agency promulgating the rule determines.’’. mitted under section 801(a)(1); or the joint resolution of the other House. ‘‘(B) the nonmajor rule is published in the SEC. 204. BUDGETARY EFFECTS OF RULES SUB- ‘‘§ 804. Definitions JECT TO SECTION 802 OF TITLE 5, Federal Register, if so published. UNITED STATES CODE. ‘‘(c) In the Senate, if the committee to ‘‘For purposes of this chapter— Section 257(b)(2) of the Balanced Budget which is referred a joint resolution described ‘‘(1) the term ‘Federal agency’ means any and Emergency Deficit Control Act of 1985 (2 in subsection (a) has not reported such joint agency as that term is defined in section U.S.C. 907(b)(2)) is amended by adding at the resolution (or an identical joint resolution) 551(1); end the following: at the end of 15 session days after the date of ‘‘(2) the term ‘major rule’ means any rule, ‘‘(E) Any rules subject to the congressional introduction of the joint resolution, such including an interim final rule, that the Ad- approval procedure set forth in section 802 of committee may be discharged from further ministrator of the Office of Information and chapter 8 of title 5, United States Code, af- consideration of such joint resolution upon a Regulatory Affairs of the Office of Manage- fecting budget authority, outlays, or receipts petition supported in writing by 30 Members ment and Budget finds has resulted in or is shall be assumed to be effective unless it is of the Senate, and such joint resolution shall likely to result in— not approved in accordance with such sec- be placed on the calendar. ‘‘(A) an annual effect on the economy of tion.’’. ‘‘(d)(1) In the Senate, when the committee $100,000,000 or more; ‘‘(B) a major increase in costs or prices for to which a joint resolution is referred has re- Mr. BURR (for himself and ported, or when a committee is discharged consumers, individual industries, Federal, SA 2928. (under subsection (c)) from further consider- State, or local government agencies, or geo- Mr. COBURN) submitted an amendment ation of a joint resolution described in sub- graphic regions; or intended to be proposed by him to the section (a), it is at any time thereafter in ‘‘(C) significant adverse effects on competi- bill H.R. 3979, to amend the Internal order (even though a previous motion to the tion, employment, investment, productivity, Revenue Code of 1986 to ensure that same effect has been disagreed to) for a mo- innovation, or on the ability of United emergency services volunteers are not tion to proceed to the consideration of the States-based enterprises to compete with taken into account as employees under joint resolution, and all points of order foreign-based enterprises in domestic and export markets; the shared responsibility requirements against the joint resolution (and against contained in the Patient Protection consideration of the joint resolution) are ‘‘(3) the term ‘nonmajor rule’ means any waived. The motion is not subject to amend- rule that is not a major rule; and and Affordable Care Act; which was or- ment, or to a motion to postpone, or to a ‘‘(4) the term ‘rule’ has the meaning given dered to lie on the table; as follows: motion to proceed to the consideration of such term in section 551, except that such At the appropriate place, insert the fol- other business. A motion to reconsider the term does not include— lowing: ‘‘(A) any rule of particular applicability, vote by which the motion is agreed to or dis- SEC. llll. ADDITIONAL REQUIREMENTS FOR agreed to shall not be in order. If a motion including a rule that approves or prescribes RECEIPT OF EXTENDED UNEMPLOY- to proceed to the consideration of the joint for the future rates, wages, prices, services, MENT BENEFITS. resolution is agreed to, the joint resolution or allowances therefore, corporate or finan- (a) SHORT TITLE.—This section may be shall remain the unfinished business of the cial structures, reorganizations, mergers, or cited as the ‘‘Extended Unemployment Bene- Senate until disposed of. acquisitions thereof, or accounting practices fits Reform Act of 2014’’. ‘‘(2) In the Senate, debate on the joint res- or disclosures bearing on any of the fore- (b) FINDINGS.—Congress makes the fol- olution, and on all debatable motions and ap- going; lowing findings: peals in connection therewith, shall be lim- ‘‘(B) any rule relating to agency manage- (1) The Founding Fathers of this Nation ited to not more than 10 hours, which shall ment or personnel; or held the value and virtue of work to be an in- be divided equally between those favoring ‘‘(C) any rule of agency organization, pro- tegral part of the American spirit of freedom and those opposing the joint resolution. A cedure, or practice that does not substan- and unity. motion to further limit debate is in order tially affect the rights or obligations of non- (2) Honest work of an individual’s choice, and not debatable. An amendment to, or a agency parties. whether paid or unpaid, benefits both the in- motion to postpone, or a motion to proceed ‘‘§ 805. Judicial review dividual and society as a whole. to the consideration of other business, or a ‘‘(a) No determination, finding, action, or (3) The betterment of communities motion to recommit the joint resolution is omission under this chapter shall be subject through public service should be encouraged not in order. to judicial review. by the Federal Government. ‘‘(3) In the Senate, immediately following ‘‘(b) Notwithstanding subsection (a), a (4) After the first months of eligibility for the conclusion of the debate on a joint reso- court may determine whether a Federal unemployment benefits, involvement by an

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2030 CONGRESSIONAL RECORD — SENATE April 1, 2014 individual in public service will not infringe ing, as described in paragraph (6) of such sub- (iii) the average time between a CDL appli- on such individual’s readiness to work or section. cant’s request to retake a CDL skills test their ability to search for employment. ‘‘(h) ACTIVE SEARCH FOR EMPLOYMENT.— and such test; and (c) ADDITIONAL REQUIREMENTS FOR RECEIPT ‘‘(1) IN GENERAL.—For purposes of sub- (D) the total economic impact of CDL OF EXTENDED UNEMPLOYMENT BENEFITS.— section (a)(19)(B), the term ‘active job skills testing delays. (1) IN GENERAL.—Section 3304 of the Inter- searching’ means an active and ongoing (2) SKILLS TESTING PROCEDURES.—The pro- nal Revenue Code of 1986 is amended— search for employment by an individual, cedures described in this paragraph are— (A) in subsection (a)— with tangible evidence of such search to be (A) third party testing, using nongovern- (i) in paragraph (18), by striking ‘‘and’’ at provided to the State agency by the indi- mental contractors to proctor CDL skills the end; vidual on a weekly basis, which shall include tests on behalf of the State; (ii) by redesignating paragraph (19) as a record of potential employers contacted by (B) modified third party testing, admin- paragraph (20); and the individual (including relevant contact istering CDL skills tests at State testing fa- (iii) by inserting after paragraph (18) the information for such employers) and such cilities, community colleges, or a limited following new paragraph: other information as determined appropriate number of third parties; and ‘‘(19) extended compensation, including by the State agency. (C) State testing, administering CDL skills any such compensation under a temporary ‘‘(2) ALTERNATIVE JOB SEARCH REQUIRE- tests only at State-owned facilities. program, shall not be payable to an indi- MENTS.—The State agency may reduce the (b) REPORT.—Not later than 180 days after vidual for any week in which such individual total number of hours of active job searching the date of enactment of this Act, the Comp- does not— required under subparagraph (A) of sub- troller General shall submit a report to Con- ‘‘(A) perform at least 20 hours of public section (a)(19) and provide alternative job gress that contains the results of the study service (as described in subsection (g)); and search requirements for an individual who conducted pursuant to subsection (a). ‘‘(B) engage in at least 20 hours of active has met the requirements under subpara- SEC. lll. WAIVER OF NONCONFLICTING REGU- job searching (as described in subsection (h)); graphs (A) and (B) of such subsection for a LATIONS FOR INFRASTRUCTURE and’’; and period of not less than 12 weeks.’’. PROJECTS. (2) by adding at the end the following new (3) EFFECTIVE DATE.— (a) DEFINITIONS.—In this section: subsections: (A) IN GENERAL.—Except as provided in (1) INFRASTRUCTURE PROJECT.— ‘‘(g) PUBLIC SERVICE.— subparagraph (B), the amendments made by (A) IN GENERAL.—The term ‘‘infrastructure this section shall take effect on July 1, 2014. ‘‘(1) IN GENERAL.—For purposes of sub- project’’ means any physical systems project (B) DELAY PERMITTED IF STATE LEGISLATION section (a)(19)(A), the term ‘public service’ carried out in the United States, such as a REQUIRED.—In the case of a State which the means unpaid service by an individual to an project relating to transportation, commu- Secretary of Labor determines requires organization described in section 501(c)(3), or nications, sewage, or water. a Federal, State, or local agency (as per- State legislation (other than legislation ap- (B) INCLUSION.—The term ‘‘infrastructure propriating funds) in order for the State law mitted in accordance with applicable Fed- project’’ includes a project for energy infra- to meet the additional requirements imposed eral, State, and local law), with tangible evi- structure. dence to be provided to the State agency by by the amendments made by this section, (2) NONCONFLICTING REGULATION.—The term the State law shall not be regarded as failing the individual on a weekly basis dem- ‘‘nonconflicting regulation’’ means a Federal to comply with the requirements of such sec- onstrating that the individual has performed regulation applicable to an infrastructure tion 3304(a)(19) of the Internal Revenue Code such service during the previous week. project, the waiver of which would not con- of 1986, as added by such amendments, solely ‘‘(2) EXCEPTIONS.—For purposes of the pub- flict with any provision of Federal or State on the basis of the failure of the State law to lic service requirement under subsection law, as determined by the Secretary con- meet such additional requirements before (a)(19)(A), an individual shall be deemed to cerned. have satisfied such requirement for that the 1st day of the 1st calendar quarter begin- (3) SECRETARY CONCERNED.— week if the individual— ning after the close of the 1st regular session (A) IN GENERAL.—The term ‘‘Secretary con- of the State legislature that begins after the ‘‘(A) provides tangible evidence to the cerned’’ means the head of a Federal depart- date of enactment of this Act. For purposes State agency demonstrating that such indi- ment or agency with jurisdiction over a non- of the previous sentence, in the case of a vidual was unable to perform the required conflicting regulation. public service for that week due to an illness State that has a 2-year legislative session, (B) INCLUSIONS.—The term ‘‘Secretary con- each year of such session shall be deemed to or family emergency; cerned’’ includes— be a separate regular session of the State ‘‘(B) is a parent of a qualifying child (as de- (i) the Administrator of the Environmental legislature. fined in section 152(c)) and provides tangible Protection Agency, with respect to noncon- evidence to the State agency demonstrating flicting regulations of the Environmental an inability to perform the required number SA 2929. Mr. INHOFE submitted an Protection Agency; and of hours of public service due to responsi- amendment intended to be proposed by (ii) the Secretary of the Army, acting bility for child care; him to the bill H.R. 3979, to amend the through the Chief of Engineers, with respect ‘‘(C) provides tangible evidence to the Internal Revenue Code of 1986 to ensure to nonconflicting regulations of the Corps of State agency demonstrating an inability to Engineers. perform the required number of hours of pub- that emergency services volunteers are lic service due to a lack of available trans- not taken into account as employees (b) ACTION BY SECRETARY CONCERNED.— portation, telephone, or internet services; or under the shared responsibility re- (1) IN GENERAL.—Subject to paragraph (3), ‘‘(D) provides tangible evidence of a bona quirements contained in the Patient on receipt of a request of the Governor of a fide attempt to perform public service and, Protection and Affordable Care Act; State in which an infrastructure project is pursuant to such criteria as is determined conducted, the Secretary concerned shall which was ordered to lie on the table; waive any nonconflicting regulation applica- appropriate by the State agency, is deter- as follows: mined to be unable to perform such service ble to the infrastructure project that, as de- due to a lack of available public service op- At the end of the amendment, add the fol- termined by the Secretary concerned, in con- portunities in the area in which the indi- lowing: sultation with the Governor, impedes or vidual resides. SEC. lll. COMMERCIAL DRIVERS LICENSE could impede the progress of the infrastructure project. ‘‘(3) PERFORMANCE OF WORK ACTIVITIES.— SKILLS TESTING REPORT. (2) DEADLINE FOR WAIVER.—The Secretary ‘‘(A) IN GENERAL.—Subject to subparagraph (a) STUDY.— concerned shall waive a nonconflicting regu- (B), the total number of hours of public serv- (1) IN GENERAL.—The Comptroller General ice required under subsection (a)(19)(A) shall of the United States shall conduct a study to lation by not later than 90 days after the be reduced by 1 hour for each hour during determine— date of receipt of a request under paragraph that week that an individual performs work (A) the Commercial Drivers License (re- (1). activities. ferred to in this section as ‘‘CDL’’) skills (3) EXCEPTION.—The Secretary concerned shall provide a waiver under this subsection ‘‘(B) MINIMUM PUBLIC SERVICE REQUIRE- testing procedures used by each State; with respect to a nonconflicting regulation MENT.—For purposes of subparagraph (A), (B) whether States using the procedures any reduction in the total number of hours described in paragraph (2)(A) have reduced unless the Secretary concerned provides to of public service required under subsection testing wait times, on average, compared to the applicable Governor, by not later than (a)(19)(A) based upon performance of work the procedures described in subparagraphs the date described in paragraph (2), a written activities shall not be greater than 15 hours (B) and (C) of paragraph (2); notice that the nonconflicting regulation is for each week. (C) for each of the 3 CDL skills testing pro- necessary due to a specific, direct, and quan- tifiable concern for safety or the environ- ‘‘(C) DEFINITION OF WORK ACTIVITIES.—For cedures described in paragraph (2)— purposes of this paragraph, the term ‘work (i) the average time between a CDL appli- ment. activities’ has the same meaning as provided cant’s request for a CDL skills test and such SEC. lll. STATE CONTROL OF ENERGY DEVEL- under subsection (d) of section 407 of the So- test in States using such procedure; OPMENT AND PRODUCTION ON ALL cial Security Act (42 U.S.C. 607), except that (ii) the failure rate of CDL applicants in AVAILABLE FEDERAL LAND. such activities shall not include job search- States using such procedure; and (a) DEFINITIONS.—In this section:

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(1) AVAILABLE FEDERAL LAND.—The term lators that is considered to be a leading regulation, guidance, or permit requirement ‘‘available Federal land’’ means any Federal groundwater protection organization in the regarding the treatment of a well by the ap- land that, as of May 31, 2013— United States, released a report entitled plication of fluids under pressure to which (A) is located within the boundaries of a ‘‘State Oil and Natural Gas Regulations De- propping agents may be added for the ex- State; signed to Protect Water Resources’’ and pressly designed purpose of initiating or (B) is not held by the United States in dated May 2009 finding that the ‘‘current propagating fractures in a target geologic trust for the benefit of a federally recognized State regulation of oil and gas activities is formation in order to enhance production of Indian tribe; environmentally proactive and preventive’’; oil, natural gas, or geothermal production (C) is not a unit of the National Park Sys- (3) that report also concluded that ‘‘[a]ll activities on or under any land within the tem; oil and gas producing States have regula- boundaries of the State. (D) is not a unit of the National Wildlife tions which are designed to provide protec- (2) FEDERAL LAND.—The treatment of a Refuge System; and tion for water resources’’; well by the application of fluids under pres- (E) is not a Congressionally designated wil- (4) a 2004 study by the Environmental Pro- sure to which propping agents may be added derness area. tection Agency, entitled ‘‘Evaluation of Im- for the expressly designed purpose of initi- (2) SECRETARY.—The term ‘‘Secretary’’ pacts to Underground Sources of Drinking ating or propagating fractures in a target means the Secretary of the Interior. Water by Hydraulic Fracturing of Coalbed geologic formation in order to enhance pro- (3) STATE.—The term ‘‘State’’ means— Methane Reservoirs’’, found no evidence of duction of oil, natural gas, or geothermal (A) a State; and drinking water wells contaminated by frac- production activities on Federal land shall (B) the District of Columbia. ture fluid from the fracked formation; be subject to the law of the State in which (b) STATE PROGRAMS.— (5) a 2009 report by the Ground Water Pro- the land is located. (1) IN GENERAL.—A State— tection Council, entitled ‘‘State Oil and Nat- SEC. lll. ALTERNATIVE FUEL VEHICLE DEVEL- (A) may establish a program covering the ural Gas Regulations Designed to Protect OPMENT. leasing and permitting processes, regulatory Water Resources’’, found a ‘‘lack of evi- (a) ALTERNATIVE FUEL VEHICLES.— requirements, and any other provisions by dence’’ that hydraulic fracturing conducted (1) MAXIMUM FUEL ECONOMY INCREASE FOR which the State would exercise its rights to in both deep and shallow formations presents ALTERNATIVE FUEL AUTOMOBILES.—Section develop all forms of energy resources on a risk of endangerment to ground water; (6) a January 2009 resolution by the Inter- 32906(a) of title 49, United States Code, is available Federal land in the State; and amended by striking ‘‘(except an electric (B) as a condition of certification under state Oil and Gas Compact Commission stated ‘‘The states, who regulate production, automobile)’’ and inserting ‘‘(except an elec- subsection (c)(2) shall submit a declaration tric automobile or, beginning with model to the Departments of the Interior, Agri- have comprehensive laws and regulations to ensure operations are safe and to protect year 2016, an alternative fueled automobile culture, and Energy that a program under that does not use a fuel described in subpara- subparagraph (A) has been established or drinking water. States have found no verified cases of groundwater contamination graph (A), (B), (C), or (D) of section amended. 32901(a)(1))’’. (2) AMENDMENT OF PROGRAMS.—A State associated with hydraulic fracturing.’’; (2) MINIMUM DRIVING RANGES FOR DUAL may amend a program developed and cer- (7) on May 24, 2011, before the Oversight FUELED PASSENGER AUTOMOBILES.—Section tified under this section at any time. and Government Reform Committee of the House of Representatives, Lisa Jackson, the 32901(c)(2) of title 49, United States Code, is (3) CERTIFICATION OF AMENDED PROGRAMS.— amended— Any program amended under paragraph (2) Administrator of the Environmental Protec- tion Agency, testified that she was ‘‘not (A) in subparagraph (B), by inserting ‘‘, ex- shall be certified under subsection (c)(2). cept that beginning with model year 2016, al- (c) LEASING, PERMITTING, AND REGULATORY aware of any proven case where the fracking ternative fueled automobiles that do not use PROGRAMS.— process itself has affected water’’; a fuel described in subparagraph (A), (B), (C), (1) SATISFACTION OF FEDERAL REQUIRE- (8) in 2011, Bureau of Land Management Di- or (D) of subsection (a)(1) shall have a min- MENTS.—Each program certified under this rector Bob Abbey stated, ‘‘We have not seen imum driving range of 150 miles’’ after ‘‘at section shall be considered to satisfy all ap- evidence of any adverse effect as a result of least 200 miles’’; and plicable requirements of Federal law (includ- the use of the chemicals that are part of that (B) in subparagraph (C), by adding at the ing regulations), including— fracking technology.’’; end the following: ‘‘Beginning with model (A) the National Environmental Policy Act (9)(A) activities relating to hydraulic frac- year 2016, if the Secretary prescribes a min- of 1969 (42 U.S.C. 4321 et seq.); turing (such as surface discharges, waste- imum driving range of 150 miles for alter- (B) the Endangered Species Act of 1973 (16 water disposal, and air emissions) are al- native fueled automobiles that do not use a U.S.C. 1531 et seq.); and ready regulated at the Federal level under a fuel described in subparagraph (A), (B), (C), (C) the National Historic Preservation Act variety of environmental statutes, including or (D) of subsection (a)(1), subparagraph (A) (16 U.S.C. 470 et seq.). portions of— shall not apply to dual fueled automobiles (2) FEDERAL CERTIFICATION AND TRANSFER (i) the Federal Water Pollution Control (except electric automobiles).’’. OF DEVELOPMENT RIGHTS.—Upon submission Act (33 U.S.C. 1251 et seq.); (3) MANUFACTURING PROVISION FOR ALTER- of a declaration by a State under subsection (ii) the Safe Drinking Water Act (42 U.S.C. NATIVE FUEL AUTOMOBILES.—Section 32905(d) (b)(1)(B)(i)— 300f et seq.); and of title 49, United States Code, is amended— (A) the program under subsection (b)(1)(A) (iii) the Clean Air Act (42 U.S.C. 7401 et (A) by redesignating paragraphs (1) and (2) shall be certified; and seq.); but as subparagraphs (A) and (B), respectively; (B) the State shall receive all rights from (B) Congress has continually elected not to (B) by striking ‘‘For any model’’ and in- the Federal Government to develop all forms include the hydraulic fracturing process in serting the following: of energy resources covered by the program. the underground injection control program ‘‘(1) MODEL YEARS 1993 THROUGH 2015.—For (3) ISSUANCE OF PERMITS AND LEASES.—If a under the Safe Drinking Water Act (42 U.S.C. any model’’; State elects to issue a permit or lease for the 300f et seq.); (C) in paragraph (1), as redesignated, by development of any form of energy resource (10) in 2011, the Secretary of the Interior striking ‘‘2019’’ and inserting ‘‘2015’’; and on any available Federal land within the bor- announced the intention to promulgate new (D) by adding at the end the following: ders of the State in accordance with a pro- Federal regulations governing hydraulic ‘‘(2) MODEL YEARS AFTER 2015.—For any gram certified under paragraph (2), the per- fracturing on Federal land; and model of gaseous fuel dual fueled automobile mit or lease shall be considered to meet all (11) a February 2012 study by the Energy manufactured by a manufacturer after model applicable requirements of Federal law (in- Institute at the University of Texas at Aus- year 2015, the Administrator shall calculate cluding regulations). tin, entitled ‘‘Fact-Based Regulation for En- (d) JUDICIAL REVIEW.—Activities carried vironmental Protection in Shale Gas Devel- fuel economy as a weighted harmonic aver- out in accordance with this Act shall not be opment’’, found that ‘‘[n]o evidence of age of the fuel economy on gaseous fuel as subject to judicial review. chemicals from hydraulic fracturing fluid measured under subsection (c) and the fuel (e) ADMINISTRATIVE PROCEDURE ACT.—Ac- has been found in aquifers as a result of frac- economy on gasoline or diesel fuel as meas- tivities carried out in accordance with this turing operations’’. ured under section 32904(c). The Adminis- Act shall not be subject to subchapter II of (b) DEFINITION OF FEDERAL LAND.—In this trator shall apply the utility factors set chapter 5, and chapter 7, of title 5, United section, the term ‘‘Federal land’’ means— forth in the table under section 600.510– States Code (commonly known as the ‘‘Ad- (1) public lands (as defined in section 103 of 12(c)(2)(vii)(A) of title 40, Code of Federal ministrative Procedure Act’’). the Federal Land Policy and Management Regulations. SEC. lll. FRACTURING REGULATIONS ARE EF- Act of 1976 (43 U.S.C. 1702)); ‘‘(3) MODEL YEARS AFTER 2016.—Beginning FECTIVE IN STATE HANDS. (2) National Forest System land; with model year 2017, the manufacturer may (a) FINDINGS.—Congress finds that— (3) land under the jurisdiction of the Bu- elect to utilize the utility factors set forth (1) hydraulic fracturing is a commercially reau of Reclamation; and under subsection (e)(1) for the purposes of viable practice that has been used in the (4) land under the jurisdiction of the Corps calculating fuel economy under paragraph United States for more than 60 years in more of Engineers. (2).’’. than 1,000,000 wells; (c) STATE AUTHORITY.— (4) ELECTRIC DUAL FUELED AUTOMOBILES.— (2) the Ground Water Protection Council, a (1) IN GENERAL.—A State shall have the Section 32905 of title 49, United States Code, national association of State water regu- sole authority to promulgate or enforce any is amended—

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2032 CONGRESSIONAL RECORD — SENATE April 1, 2014 (A) by redesignating subsections (e) and (f) SEC. lll. CATEGORICAL EXCLUSIONS FOR Mr. BOOKER, Mr. PORTMAN, Mr. BROWN, PROJECTS WITHIN RIGHT-OF-WAY. as subsections (f) and (g), respectively; and Ms. MURKOWSKI, Mr. DURBIN, and Mr. Section 1316 of the Moving Ahead for (B) by inserting after subsection (d) the KIRK)) to the bill H.R. 3979, to amend following: Progress in the 21st Century Act (23 U.S.C. 109 note; 126 Stat. 549) is amended— the Internal Revenue Code of 1986 to ‘‘(e) ELECTRIC DUAL FUELED AUTO- (1) in the heading of subsection (b), by ensure that emergency services volun- MOBILES.— striking ‘‘AN OPERATIONAL’’; and teers are not taken into account as em- ‘‘(1) IN GENERAL.—At the request of the manufacturer, the Administrator may meas- (2) in subsection (a)(1) and subsection (b), ployees under the shared responsibility ure the fuel economy for any model of dual by striking ‘‘operational’’ each place it ap- requirements contained in the Patient fueled automobile manufactured after model pears. Protection and Affordable Care Act; year 2015 that is capable of operating on elec- SEC. lll. LIMITATIONS ON CERTAIN FEDERAL which was ordered to lie on the table; tricity in addition to gasoline or diesel fuel, ASSISTANCE. Section 176 of the Clean Air Act (42 U.S.C. as follows: obtains its electricity from a source external 7506) is amended— At the appropriate place, insert the fol- to the vehicle, and meets the minimum driv- (1) by striking ‘‘(c)(1) No’’ and all that following: ing range requirements established by the lows through ‘‘(d) Each’’ and inserting the SEC. lll. DISQUALIFICATION ON RECEIPT OF Secretary for dual fueled electric auto- following: DISABILITY INSURANCE BENEFITS mobiles, by dividing 1.0 by the sum of— ‘‘(a) IN GENERAL.—Each’’; IN A MONTH FOR WHICH EMER- ‘‘(A) the percentage utilization of the (2) in the first sentence, by striking ‘‘pre- GENCY UNEMPLOYMENT COM- model on gasoline or diesel fuel, as deter- PENSATION IS RECEIVED. pared under this section’’; and mined by a formula based on the model’s al- (a) IN GENERAL.—Section 4001 of the Sup- (3) by striking the second sentence and in- ternative fuel range, divided by the fuel plemental Appropriations Act, 2008 (Public serting the following: economy measured under section 32904(c); Law 110-252; 26 U.S.C. 3304 note) is amended ‘‘(b) APPLICABILITY.—This section applies and to— by adding at the end the following new sub- ‘‘(B) the percentage utilization of the ‘‘(1) title 23, United States Code; section: ‘‘(k) DISQUALIFICATION ON RECEIPT OF DIS- model on electricity, as determined by a for- ‘‘(2) chapter 53 of title 49, United States ABILITY INSURANCE BENEFITS.—If for any mula based on the model’s alternative fuel Code; and month an individual is entitled to emer- range, divided by the fuel economy measured ‘‘(3) the Housing and Urban Development gency unemployment compensation under under section 32904(a)(2). Act of 1968 (12 U.S.C. 1701t et seq.).’’. ‘‘(2) ALTERNATIVE UTILIZATION.—The Ad- this title, such individual shall be deemed to SEC. lll. TERMINATION OF EFFECTIVENESS. ministrator may adapt the utility factor es- have engaged in substantial gainful activity (a) IN GENERAL.—The amendments made by tablished under paragraph (1) for alternative for such month for purposes of sections 222 this Act shall terminate on the day that is 30 fueled automobiles that do not use a fuel de- and 223 of the Social Security Act.’’. days after the date of enactment of this Act scribed in subparagraph (A), (B), (C), or (D) (c) EFFECTIVE DATE.—The amendments if the Secretary of Labor, acting through the of section 32901(a)(1). made by this section shall apply with respect Bureau of Labor Statistics, in coordination ‘‘(3) ALTERNATIVE CALCULATION.—If the to months beginning after the date of the en- with the heads of other Federal agencies, in- manufacturer does not request that the Ad- actment of this Act. cluding the Administrator of the Environ- ministrator calculate the manufacturing in- mental Protection Agency and the Secretary centive for its electric dual fueled auto- SA 2932. Mr. VITTER submitted an of Health and Human Services, fails to pub- mobiles in accordance with paragraph (1), amendment intended to be proposed by lish in the Federal Register a report that the Administrator shall calculate such in- him to the bill H.R. 3979, to amend the models the impact of major Federal regula- centive for such automobiles manufactured tions on job creation across the whole econ- Internal Revenue Code of 1986 to ensure by such manufacturer after model year 2015 omy of the United States. that emergency services volunteers are in accordance with subsection (b).’’. (b) UPDATES.— not taken into account as employees (5) CONFORMING AMENDMENT.—Section (1) IN GENERAL.—The Secretary of Labor, under the shared responsibility re- 32906(b) of title 49, United States Code, is acting through the Bureau of Labor Statis- quirements contained in the Patient amended by striking ‘‘section 32905(e)’’ and tics, shall update the report described in sub- inserting ‘‘section 32905(f)’’. Protection and Affordable Care Act; section (a) not less frequently than once which was ordered to lie on the table; (b) HIGH OCCUPANCY VEHICLE FACILITIES.— every 30 days. as follows: Section 166 of title 23, United States Code, is (2) TERMINATION.—The amendments made amended— by this Act shall terminate on the date that At the appropriate place, insert the fol- (1) in subparagraph (b)(5), by striking sub- is 30 days after the date on which the most lowing: paragraph (A) and inserting the following: recent report described in paragraph (1) is re- SEC. lll. DISQUALIFICATION ON RECEIPT OF ‘‘(A) INHERENTLY LOW-EMISSION VEHICLES.— quired if the Secretary of Labor, acting DISABILITY INSURANCE BENEFITS If a State agency establishes procedures for through the Bureau of Labor Statistics, fails IN A MONTH FOR WHICH EMER- enforcing the restrictions on the use of a GENCY UNEMPLOYMENT COM- to update the report in accordance with PENSATION IS RECEIVED. HOV facility by vehicles listed in clauses (i) paragraph (1). and (ii), the State agency may allow the use (a) IN GENERAL.—Section 4001 of the Sup- plemental Appropriations Act, 2008 (Public of the HOV facility by— SA 2930. Mr. HOEVEN submitted an ‘‘(i) alternative fuel vehicles; and Law 110-252; 26 U.S.C. 3304 note) is amended amendment intended to be proposed by by adding at the end the following new sub- ‘‘(ii) new qualified plug-in electric drive him to the bill H.R. 3979, to amend the motor vehicles (as defined in section section: Internal Revenue Code of 1986 to ensure ‘‘(k) DISQUALIFICATION ON RECEIPT OF DIS- 30D(d)(1) of the Internal Revenue Code of ABILITY INSURANCE BENEFITS.—If for any 1986).’’; and that emergency services volunteers are month an individual is entitled to emer- (2) in subparagraph (f)(1), by inserting not taken into account as employees gency unemployment compensation under ‘‘solely’’ before ‘‘operating’’. under the shared responsibility requirements contained in the Patient this title, such individual shall be deemed to (c) STUDY.—Not later than 180 days after have engaged in substantial gainful activity the date of enactment of this Act, the Sec- Protection and Affordable Care Act; for such month for purposes of sections 222 retary of Energy, after consultation with the which was ordered to lie on the table; and 223 of the Social Security Act.’’. Secretary of Transportation, shall submit a as follows: (c) EFFECTIVE DATE.—The amendments report to Congress that— At the end of the amendment, add the fol- made by this section shall apply with respect (1) describes options to incentivize the de- lowing: to months beginning after the date of the en- velopment of public compressed natural gas SEC. ll. LIMITATION ON AUTHORITY TO ISSUE actment of this Act. fueling stations; and REGULATIONS MODIFYING THE (2) analyzes a variety of possible financing STREAM ZONE BUFFER RULE. SA 2933. Mr. FLAKE (for himself, Mr. tools, which could include— The Secretary of the Interior may not, be- INHOFE, and Mr. RISCH) submitted an (A) Federal grants and credit assistance; fore December 31, 2014, issue a regulation amendment intended to be proposed by (B) public-private partnerships; and modifying the final rule entitled ‘‘Excess him to the bill H.R. 3979, to amend the (C) membership-based cooperatives. Spoil, Coal Mine Waste, and Buffers for Pe- rennial and Intermittent Streams’’ (73 Fed. Internal Revenue Code of 1986 to ensure SEC. lll. CATEGORICAL EXCLUSIONS IN EMER- that emergency services volunteers are GENCIES. Reg. 75814 (December 12, 2008)). not taken into account as employees Section 1315 of the Moving Ahead for Mr. VITTER submitted an under the shared responsibility re- Progress in the 21st Century Act (23 U.S.C. SA 2931. 109 note; 126 Stat. 549) is amended by striking amendment intended to be proposed to quirements contained in the Patient ‘‘activity is—’’ and all that follows through amendment SA 2874 proposed by Mr. Protection and Affordable Care Act; ‘‘(2) commenced’’ and inserting ‘‘activity is REID (for Mr. REED (for himself, Mr. which was ordered to lie on the table; commenced’’. HELLER, Mr. MERKLEY, Ms. COLLINS, as follows:

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2033 At the appropriate place, insert the fol- ‘‘may not be revoked’’ and all that follows and Affordable Care Act (Public Law 111–148), lowing: through ‘‘and before 2014’’. a catastrophic plan as described in section SEC. lll. EXPENSING CERTAIN DEPRECIABLE (d) QUALIFIED REAL PROPERTY.—Section 1302(e) of such Act shall be deemed to be a BUSINESS ASSETS FOR SMALL BUSI- 179(f) of such Code is amended— qualified health plan (including for purposes NESS. (1) by striking ‘‘beginning in 2010, 2011, of receiving tax credits under section 36B of (a) IN GENERAL.— 2012, or 2013’’ in paragraph (1), and the Internal Revenue Code of 1986 and cost- (1) DOLLAR LIMITATION.—Paragraph (1) of (2) by striking paragraph (4). sharing assistance under section 1402 of this section 179(b) of the Internal Revenue Code (e) INFLATION ADJUSTMENT.—Subsection (b) Act), except that for purposes of enrollment of 1986 is amended by striking ‘‘shall not ex- of section 179 of such Code is amended by in such plans, the provisions of paragraph (2) ceed—’’ and all that follows and inserting adding at the end the following new para- of such section 1302(e) shall not apply. ‘‘shall not exceed $250,000.’’. graph: (b) INDIVIDUAL MANDATE.—Coverage under (2) REDUCTION IN LIMITATION.—Paragraph ‘‘(6) INFLATION ADJUSTMENT.— a catastrophic plan under subsection (a) (2) of section 179(b) of such Code is amended ‘‘(A) IN GENERAL.—In the case of any tax- shall be deemed to be minimum essential by striking ‘‘exceeds—’’ and all that follows able year beginning after 2014, the dollar coverage for purposes of section 5000A of the and inserting ‘‘exceeds $800,000.’’. amounts in paragraphs (1) and (2) shall each Internal Revenue Code of 1986. (b) COMPUTER SOFTWARE.—Clause (ii) of be increased by an amount equal to— section 179(d)(1)(A) of such Code is amended ‘‘(i) such dollar amount, multiplied by SA 2937. Mr. MCCONNELL submitted by striking ‘‘and before 2014’’. ‘‘(ii) the cost-of-living adjustment deter- an amendment intended to be proposed (c) ELECTION.—Paragraph (2) of section mined under section 1(f)(3) for the calendar by him to the bill H.R. 3979, to amend 179(c) of such Code is amended by striking year in which the taxable year begins, by the Internal Revenue Code of 1986 to ‘‘may not be revoked’’ and all that follows substituting ‘2013’ for ‘1992’ in subparagraph ensure that emergency services volun- through ‘‘and before 2014’’. (B) thereof. teers are not taken into account as em- (d) QUALIFIED REAL PROPERTY.—Section ‘‘(B) ROUNDING.—The amount of any in- 179(f) of such Code is amended— crease under subparagraph (A) shall be ployees under the shared responsibility (1) by striking ‘‘beginning in 2010, 2011, rounded to the nearest multiple of $10,000.’’. requirements contained in the Patient 2012, or 2013’’ in paragraph (1), and (f) EFFECTIVE DATE.—The amendments Protection and Affordable Care Act; (2) by striking paragraph (4). made by this section shall apply to taxable which was ordered to lie on the table; (e) INFLATION ADJUSTMENT.—Subsection (b) years beginning after December 31, 2013. as follows: of section 179 of such Code is amended by adding at the end the following new para- Mr. FLAKE submitted an Strike all after the enacting clause and in- SA 2935. sert the following: graph: amendment intended to be proposed to SECTION 1. SHORT TITLE. ‘‘(6) INFLATION ADJUSTMENT.— amendment SA 2874 proposed by Mr. ‘‘(A) IN GENERAL.—In the case of any tax- This Act may be cited as the ‘‘Protecting able year beginning after 2014, the dollar REID (for Mr. REED (for himself, Mr. Volunteer Firefighters and Emergency Re- amounts in paragraphs (1) and (2) shall each HELLER, Mr. MERKLEY, Ms. COLLINS, sponders Act of 2014’’. be increased by an amount equal to— Mr. BOOKER, Mr. PORTMAN, Mr. BROWN, SEC. 2. EMERGENCY SERVICES, GOVERNMENT, ‘‘(i) such dollar amount, multiplied by Ms. MURKOWSKI, Mr. DURBIN, and Mr. AND CERTAIN NONPROFIT VOLUN- ‘‘(ii) the cost-of-living adjustment deter- KIRK)) to the bill H.R. 3979, to amend TEERS. mined under section 1(f)(3) for the calendar the Internal Revenue Code of 1986 to (a) IN GENERAL.—Section 4980H(c) of the In- year in which the taxable year begins, by ternal Revenue Code of 1986 is amended by ensure that emergency services volun- redesignating paragraphs (5), (6), and (7) as substituting ‘2013’ for ‘1992’ in subparagraph teers are not taken into account as em- (B) thereof. paragraphs (6), (7), and (8), respectively, and ployees under the shared responsibility ‘‘(B) ROUNDING.—The amount of any in- by inserting after paragraph (4) the following crease under subparagraph (A) shall be requirements contained in the Patient new paragraph: rounded to the nearest multiple of $10,000.’’. Protection and Affordable Care Act; ‘‘(5) SPECIAL RULES FOR CERTAIN EMER- (f) EFFECTIVE DATE.—The amendments which was ordered to lie on the table; GENCY SERVICES, GOVERNMENT, AND NONPROFIT made by this section shall apply to taxable as follows: VOLUNTEERS.— years beginning after December 31, 2013. ‘‘(A) EMERGENCY SERVICES VOLUNTEERS.— At the appropriate place, insert the fol- Qualified services rendered as a bona fide lowing: SA 2934. Mr. FLAKE (for himself, Mr. volunteer to an eligible employer shall not SEC. llll. AUTHORITY TO OFFER ADDITIONAL INHOFE, and Mr. RISCH) submitted an be taken into account under this section as PLAN OPTIONS. service provided by an employee. For pur- amendment intended to be proposed to (a) CATASTROPHIC PLANS.—Notwith- amendment SA 2874 proposed by Mr. poses of the preceding sentence, the terms standing title I of the Patient Protection ‘qualified services’, ‘bona fide volunteer’, and REID (for Mr. REED (for himself, Mr. and Affordable Care Act (Public Law 111–148), ‘eligible employer’ shall have the respective HELLER, Mr. MERKLEY, Ms. COLLINS, a catastrophic plan as described in section meanings given such terms under section Mr. BOOKER, Mr. PORTMAN, Mr. BROWN, 1302(e) of such Act shall be deemed to be a 457(e). qualified health plan (including for purposes Ms. MURKOWSKI, Mr. DURBIN, and Mr. ‘‘(B) CERTAIN OTHER GOVERNMENT AND NON- of receiving tax credits under section 36B of KIRK)) to the bill H.R. 3979, to amend PROFIT VOLUNTEERS.— the Internal Revenue Code of 1986 and cost- the Internal Revenue Code of 1986 to ‘‘(i) IN GENERAL.—Services rendered as a sharing assistance under section 1402 of this bona fide volunteer to a specified employer ensure that emergency services volun- Act), except that for purposes of enrollment teers are not taken into account as em- shall not be taken into account under this in such plans, the provisions of paragraph (2) section as service provided by an employee. of such section 1302(e) shall not apply. ployees under the shared responsibility ‘‘(ii) BONA FIDE VOLUNTEER.—For purposes requirements contained in the Patient (b) INDIVIDUAL MANDATE.—Coverage under of this subparagraph, the term ‘bona fide vol- Protection and Affordable Care Act; a catastrophic plan under subsection (a) unteer’ means an employee of a specified em- which was ordered to lie on the table; shall be deemed to be minimum essential ployer whose only compensation from such coverage for purposes of section 5000A of the employer is in the form of— as follows: Internal Revenue Code of 1986. At the appropriate place in the amend- ‘‘(I) reimbursement for (or reasonable al- ment, insert the following: Mr. FLAKE submitted an lowance for) reasonable expenses incurred in SA 2936. the performance of services by volunteers, or SEC. lll. EXPENSING CERTAIN DEPRECIABLE amendment intended to be proposed by BUSINESS ASSETS FOR SMALL BUSI- ‘‘(II) reasonable benefits (including length NESS. him to the bill H.R. 3979, to amend the of service awards), and nominal fees, custom- (a) IN GENERAL.— Internal Revenue Code of 1986 to ensure arily paid by similar entities in connection (1) DOLLAR LIMITATION.—Paragraph (1) of that emergency services volunteers are with the performance of services by volun- section 179(b) of the Internal Revenue Code not taken into account as employees teers. of 1986 is amended by striking ‘‘shall not ex- under the shared responsibility re- ‘‘(iii) SPECIFIED EMPLOYER.—For purposes ceed—’’ and all that follows and inserting quirements contained in the Patient of this subparagraph, the term ‘specified em- ‘‘shall not exceed $250,000.’’. Protection and Affordable Care Act; ployer’ means— ‘‘(I) any government entity, and (2) REDUCTION IN LIMITATION.—Paragraph which was ordered to lie on the table; (2) of section 179(b) of such Code is amended ‘‘(II) any organization described in section by striking ‘‘exceeds—’’ and all that follows as follows: 501(c) and exempt from tax under section and inserting ‘‘exceeds $800,000.’’. At the appropriate place, insert the fol- 501(a). (b) COMPUTER SOFTWARE.—Clause (ii) of lowing: ‘‘(iv) COORDINATION WITH SUBPARAGRAPH section 179(d)(1)(A) of such Code is amended SEC. llll. AUTHORITY TO OFFER ADDITIONAL (A).—This subparagraph shall not fail to by striking ‘‘and before 2014’’. PLAN OPTIONS. apply with respect to services merely be- (c) ELECTION.—Paragraph (2) of section (a) CATASTROPHIC PLANS.—Notwith- cause such services are qualified services (as 179(c) of such Code is amended by striking standing title I of the Patient Protection defined in section 457(e)(11)(C)).’’.

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2034 CONGRESSIONAL RECORD — SENATE April 1, 2014

(b) EFFECTIVE DATE.—The amendments SEC. 3. DEFINITION OF APPLICABLE LARGE EM- (b) EFFECTIVE DATE.—The amendments made by this section shall apply to months PLOYER. made by this section shall apply to months beginning after December 31, 2013. (a) IN GENERAL.—Paragraph (2) of section beginning after December 31, 2013. SEC. 3. REPEAL OF THE INDIVIDUAL MANDATE. 4980H(c) of the Internal Revenue Code of 1986 SEC. 3. DEFINITION OF APPLICABLE LARGE EM- Section 1501 and subsections (a), (b), (c), is amended— PLOYER. and (d) of section 10106 of the Patient Protec- (1) by striking ‘‘50 full-time employees’’ (a) IN GENERAL.—Paragraph (2) of section tion and Affordable Care Act (and the each place it appears in subparagraphs (A) 4980H(c) of the Internal Revenue Code of 1986 amendments made by such sections and sub- and (B)(i) and inserting ‘‘500 full-time emis amended— sections) are repealed and the Internal Rev- ployees’’, and (1) by striking ‘‘50 full-time employees’’ enue Code of 1986 shall be applied and admin- (2) by striking ‘‘in excess of 50’’ in subpara- each place it appears in subparagraphs (A) istered as if such provisions and amendments graph (B)(i)(II) and inserting ‘‘in excess of and (B)(i) and inserting ‘‘100,000,000 full-time had never been enacted. 500’’. employees’’, and (b) EFFECTIVE DATE.—The amendments (2) by striking ‘‘in excess of 50’’ in subpara- SA 2938. Mr. MCCONNELL submitted made by this section shall apply to months graph (B)(i)(II) and inserting ‘‘in excess of an amendment intended to be proposed beginning after December 31, 2013. 100,000,000’’. by him to the bill H.R. 3979, to amend (b) EFFECTIVE DATE.—The amendments SA 2939. Mr. MCCONNELL submitted the Internal Revenue Code of 1986 to made by this section shall apply to months an amendment intended to be proposed beginning after December 31, 2013. ensure that emergency services volun- by him to the bill H.R. 3979, to amend teers are not taken into account as em- the Internal Revenue Code of 1986 to SA 2940. Mr. MCCONNELL submitted ployees under the shared responsibility ensure that emergency services volun- an amendment intended to be proposed requirements contained in the Patient teers are not taken into account as em- by him to the bill H.R. 3979, to amend Protection and Affordable Care Act; ployees under the shared responsibility the Internal Revenue Code of 1986 to which was ordered to lie on the table; requirements contained in the Patient ensure that emergency services volun- as follows: Protection and Affordable Care Act; teers are not taken into account as em- Strike all after the enacting clause and in- which was ordered to lie on the table; ployees under the shared responsibility sert the following: as follows: requirements contained in the Patient SECTION 1. SHORT TITLE. Strike all after the enacting clause and in- Protection and Affordable Care Act; This Act may be cited as the ‘‘Protecting which was ordered to lie on the table; Volunteer Firefighters and Emergency Re- sert the following: sponders Act of 2014’’. SECTION 1. SHORT TITLE. as follows: SEC. 2. EMERGENCY SERVICES, GOVERNMENT, This Act may be cited as the ‘‘Protecting Strike all after the enacting clause and in- AND CERTAIN NONPROFIT VOLUN- Volunteer Firefighters and Emergency Re- sert the following: TEERS. sponders Act of 2014’’. SECTION 1. SHORT TITLE. (a) IN GENERAL.—Section 4980H(c) of the In- SEC. 2. EMERGENCY SERVICES, GOVERNMENT, This Act may be cited as the ‘‘Protecting ternal Revenue Code of 1986 is amended by AND CERTAIN NONPROFIT VOLUN- Volunteer Firefighters and Emergency Re- redesignating paragraphs (5), (6), and (7) as TEERS. sponders Act of 2014’’. paragraphs (6), (7), and (8), respectively, and (a) IN GENERAL.—Section 4980H(c) of the In- SEC. 2. EMERGENCY SERVICES, GOVERNMENT, by inserting after paragraph (4) the following ternal Revenue Code of 1986 is amended by AND CERTAIN NONPROFIT VOLUN- new paragraph: redesignating paragraphs (5), (6), and (7) as TEERS. ‘‘(5) SPECIAL RULES FOR CERTAIN EMER- paragraphs (6), (7), and (8), respectively, and (a) IN GENERAL.—Section 4980H(c) of the In- GENCY SERVICES, GOVERNMENT, AND NONPROFIT by inserting after paragraph (4) the following ternal Revenue Code of 1986 is amended by VOLUNTEERS.— new paragraph: redesignating paragraphs (5), (6), and (7) as ‘‘(A) EMERGENCY SERVICES VOLUNTEERS.— ‘‘(5) SPECIAL RULES FOR CERTAIN EMER- paragraphs (6), (7), and (8), respectively, and Qualified services rendered as a bona fide GENCY SERVICES, GOVERNMENT, AND NONPROFIT by inserting after paragraph (4) the following volunteer to an eligible employer shall not VOLUNTEERS.— new paragraph: be taken into account under this section as ‘‘(A) EMERGENCY SERVICES VOLUNTEERS.— ‘‘(5) SPECIAL RULES FOR CERTAIN EMER- service provided by an employee. For pur- Qualified services rendered as a bona fide GENCY SERVICES, GOVERNMENT, AND NONPROFIT poses of the preceding sentence, the terms volunteer to an eligible employer shall not VOLUNTEERS.— ‘qualified services’, ‘bona fide volunteer’, and be taken into account under this section as ‘‘(A) EMERGENCY SERVICES VOLUNTEERS.— ‘eligible employer’ shall have the respective service provided by an employee. For pur- Qualified services rendered as a bona fide meanings given such terms under section poses of the preceding sentence, the terms volunteer to an eligible employer shall not 457(e). ‘qualified services’, ‘bona fide volunteer’, and be taken into account under this section as ‘‘(B) CERTAIN OTHER GOVERNMENT AND NON- ‘eligible employer’ shall have the respective service provided by an employee. For pur- PROFIT VOLUNTEERS.— meanings given such terms under section poses of the preceding sentence, the terms ‘‘(i) IN GENERAL.—Services rendered as a 457(e). ‘qualified services’, ‘bona fide volunteer’, and bona fide volunteer to a specified employer ‘‘(B) CERTAIN OTHER GOVERNMENT AND NON- ‘eligible employer’ shall have the respective shall not be taken into account under this PROFIT VOLUNTEERS.— meanings given such terms under section section as service provided by an employee. ‘‘(i) IN GENERAL.—Services rendered as a 457(e). ‘‘(ii) BONA FIDE VOLUNTEER.—For purposes bona fide volunteer to a specified employer ‘‘(B) CERTAIN OTHER GOVERNMENT AND NON- of this subparagraph, the term ‘bona fide vol- shall not be taken into account under this PROFIT VOLUNTEERS.— unteer’ means an employee of a specified em- section as service provided by an employee. ‘‘(i) IN GENERAL.—Services rendered as a ployer whose only compensation from such ‘‘(ii) BONA FIDE VOLUNTEER.—For purposes bona fide volunteer to a specified employer employer is in the form of— of this subparagraph, the term ‘bona fide vol- shall not be taken into account under this ‘‘(I) reimbursement for (or reasonable al- unteer’ means an employee of a specified em- section as service provided by an employee. lowance for) reasonable expenses incurred in ployer whose only compensation from such ‘‘(ii) BONA FIDE VOLUNTEER.—For purposes the performance of services by volunteers, or employer is in the form of— of this subparagraph, the term ‘bona fide vol- ‘‘(II) reasonable benefits (including length ‘‘(I) reimbursement for (or reasonable al- unteer’ means an employee of a specified em- of service awards), and nominal fees, custom- lowance for) reasonable expenses incurred in ployer whose only compensation from such arily paid by similar entities in connection the performance of services by volunteers, or employer is in the form of— with the performance of services by volun- ‘‘(II) reasonable benefits (including length ‘‘(I) reimbursement for (or reasonable al- teers. of service awards), and nominal fees, custom- lowance for) reasonable expenses incurred in ‘‘(iii) SPECIFIED EMPLOYER.—For purposes arily paid by similar entities in connection the performance of services by volunteers, or of this subparagraph, the term ‘specified em- with the performance of services by volun- ‘‘(II) reasonable benefits (including length ployer’ means— teers. of service awards), and nominal fees, custom- ‘‘(I) any government entity, and ‘‘(iii) SPECIFIED EMPLOYER.—For purposes arily paid by similar entities in connection ‘‘(II) any organization described in section of this subparagraph, the term ‘specified em- with the performance of services by volun- 501(c) and exempt from tax under section ployer’ means— teers. 501(a). ‘‘(I) any government entity, and ‘‘(iii) SPECIFIED EMPLOYER.—For purposes ‘‘(iv) COORDINATION WITH SUBPARAGRAPH ‘‘(II) any organization described in section of this subparagraph, the term ‘specified em- (A).—This subparagraph shall not fail to 501(c) and exempt from tax under section ployer’ means— apply with respect to services merely be- 501(a). ‘‘(I) any government entity, and cause such services are qualified services (as ‘‘(iv) COORDINATION WITH SUBPARAGRAPH ‘‘(II) any organization described in section defined in section 457(e)(11)(C)).’’. (A).—This subparagraph shall not fail to 501(c) and exempt from tax under section (b) EFFECTIVE DATE.—The amendments apply with respect to services merely be- 501(a). made by this section shall apply to months cause such services are qualified services (as ‘‘(iv) COORDINATION WITH SUBPARAGRAPH beginning after December 31, 2013. defined in section 457(e)(11)(C)).’’. (A).—This subparagraph shall not fail to

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00152 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2035 apply with respect to services merely be- ‘‘(5) SPECIAL RULES FOR CERTAIN EMER- which was ordered to lie on the table; cause such services are qualified services (as GENCY SERVICES, GOVERNMENT, AND NONPROFIT as follows: defined in section 457(e)(11)(C)).’’. VOLUNTEERS.— Strike all after the enacting clause and in- (b) EFFECTIVE DATE.—The amendments ‘‘(A) EMERGENCY SERVICES VOLUNTEERS.— sert the following: made by this section shall apply to months Qualified services rendered as a bona fide beginning after December 31, 2013. volunteer to an eligible employer shall not SECTION 1. SHORT TITLE. SEC. 3. REPEAL OF THE EMPLOYER MANDATE. be taken into account under this section as This Act may be cited as the ‘‘Protecting Sections 1513 and 1514 and subsections (e), service provided by an employee. For pur- Volunteer Firefighters and Emergency Re- (f), and (g) of section 10106 of the Patient poses of the preceding sentence, the terms sponders Act of 2014’’. Protection and Affordable Care Act (and the ‘qualified services’, ‘bona fide volunteer’, and SEC. 2. EMERGENCY SERVICES, GOVERNMENT, amendments made by such sections and sub- ‘eligible employer’ shall have the respective AND CERTAIN NONPROFIT VOLUN- sections) are repealed and the Internal Rev- meanings given such terms under section TEERS. enue Code of 1986 shall be applied and admin- 457(e). (a) IN GENERAL.—Section 4980H(c) of the In- ternal Revenue Code of 1986 is amended by istered as if such provisions and amendments ‘‘(B) CERTAIN OTHER GOVERNMENT AND NON- redesignating paragraphs (5), (6), and (7) as had never been enacted. PROFIT VOLUNTEERS.— paragraphs (6), (7), and (8), respectively, and ‘‘(i) IN GENERAL.—Services rendered as a SA 2941. Mr. MCCONNELL submitted bona fide volunteer to a specified employer by inserting after paragraph (4) the following an amendment intended to be proposed shall not be taken into account under this new paragraph: ‘‘(5) SPECIAL RULES FOR CERTAIN EMER- by him to the bill H.R. 3979, to amend section as service provided by an employee. GENCY SERVICES, GOVERNMENT, AND NONPROFIT the Internal Revenue Code of 1986 to ‘‘(ii) BONA FIDE VOLUNTEER.—For purposes of this subparagraph, the term ‘bona fide vol- VOLUNTEERS.— ensure that emergency services volun- ‘‘(A) EMERGENCY SERVICES VOLUNTEERS.— teers are not taken into account as em- unteer’ means an employee of a specified employer whose only compensation from such Qualified services rendered as a bona fide ployees under the shared responsibility employer is in the form of— volunteer to an eligible employer shall not requirements contained in the Patient ‘‘(I) reimbursement for (or reasonable al- be taken into account under this section as Protection and Affordable Care Act; lowance for) reasonable expenses incurred in service provided by an employee. For pur- which was ordered to lie on the table; the performance of services by volunteers, or poses of the preceding sentence, the terms ‘qualified services’, ‘bona fide volunteer’, and as follows: ‘‘(II) reasonable benefits (including length of service awards), and nominal fees, custom- ‘eligible employer’ shall have the respective Strike all after the enacting clause and in- meanings given such terms under section sert the following: arily paid by similar entities in connection with the performance of services by volun- 457(e). SECTION 1. LONG-TERM UNEMPLOYED INDIVID- teers. ‘‘(B) CERTAIN OTHER GOVERNMENT AND NON- UALS NOT TAKEN INTO ACCOUNT PROFIT VOLUNTEERS.— FOR EMPLOYER HEALTH CARE COV- ‘‘(iii) SPECIFIED EMPLOYER.—For purposes ‘‘(i) IN GENERAL.—Services rendered as a ERAGE MANDATE. of this subparagraph, the term ‘specified em- bona fide volunteer to a specified employer (a) IN GENERAL.—Paragraph (4) of section ployer’ means— shall not be taken into account under this 4980H(c) of the Internal Revenue Code of 1986 ‘‘(I) any government entity, and section as service provided by an employee. is amended by adding at the end the fol- ‘‘(II) any organization described in section ‘‘(ii) BONA FIDE VOLUNTEER.—For purposes lowing new subparagraph: 501(c) and exempt from tax under section of this subparagraph, the term ‘bona fide vol- ‘‘(C) EXCEPTION FOR LONG-TERM UNEM- 501(a). unteer’ means an employee of a specified em- PLOYED INDIVIDUALS.— ‘‘(iv) COORDINATION WITH SUBPARAGRAPH ployer whose only compensation from such ‘‘(i) IN GENERAL.—The term ‘full-time em- (A).—This subparagraph shall not fail to employer is in the form of— ployee’ shall not include any individual who apply with respect to services merely be- ‘‘(I) reimbursement for (or reasonable al- is a long-term unemployed individual with cause such services are qualified services (as lowance for) reasonable expenses incurred in respect to such employer. defined in section 457(e)(11)(C)).’’. the performance of services by volunteers, or ‘‘(ii) LONG-TERM UNEMPLOYED INDIVIDUAL.— (b) EFFECTIVE DATE.—The amendments ‘‘(II) reasonable benefits (including length For purposes of this subparagraph, the term made by this section shall apply to months of service awards), and nominal fees, custom- ‘long-term unemployed individual’ means, beginning after December 31, 2013. arily paid by similar entities in connection with respect to any employer, an individual SEC. 3. EMPLOYEES WITH HEALTH COVERAGE with the performance of services by volun- who— UNDER TRICARE OR THE VETERANS teers. ‘‘(I) begins employment with such em- ADMINISTRATION MAY BE EXEMPT- ‘‘(iii) SPECIFIED EMPLOYER.—For purposes ployer after the date of the enactment of ED FROM EMPLOYER MANDATE UNDER PATIENT PROTECTION AND of this subparagraph, the term ‘specified em- this subparagraph, and AFFORDABLE CARE ACT. ployer’ means— ‘‘(II) has been unemployed for 27 weeks or (a) IN GENERAL.—Section 4980H(c)(2) of the ‘‘(I) any government entity, and longer, as determined by the Secretary of Internal Revenue Code is amended by adding ‘‘(II) any organization described in section Labor, immediately before the date such em- at the end the following: 501(c) and exempt from tax under section ployment begins.’’. ‘‘(F) EXEMPTION FOR HEALTH COVERAGE 501(a). (b) EFFECTIVE DATE.—The amendment UNDER TRICARE OR THE VETERANS ADMINISTRA- made by this section shall apply to months ‘‘(iv) COORDINATION WITH SUBPARAGRAPH TION.—Solely for purposes of determining beginning after December 31, 2013. (A).—This subparagraph shall not fail to whether an employer is an applicable large apply with respect to services merely be- employer under this paragraph for any SA 2942. Mr. MCCONNELL submitted cause such services are qualified services (as month, an employer may elect not to take an amendment intended to be proposed defined in section 457(e)(11)(C)).’’. into account for a month as an employee any (b) EFFECTIVE DATE.—The amendments by him to the bill H.R. 3979, to amend individual who, for such month, has medical made by this section shall apply to months the Internal Revenue Code of 1986 to coverage under— beginning after December 31, 2013. ensure that emergency services volun- ‘‘(i) chapter 55 of title 10, United States SEC. 3. DEFINITION OF FULL-TIME EMPLOYEE. teers are not taken into account as em- Code, including coverage under the Section 4980H(c) of the Internal Revenue ployees under the shared responsibility TRICARE program, or Code of 1986 is amended— requirements contained in the Patient ‘‘(ii) under a health care program under (1) in paragraph (2)(E), by striking ‘‘by 120’’ Protection and Affordable Care Act; chapter 17 or 18 of title 38, United States and inserting ‘‘by 174’’; and Code, as determined by the Secretary of Vet- which was ordered to lie on the table; (2) in paragraph (4)(A) by striking ‘‘30 erans Affairs, in coordination with the Sec- hours’’ and inserting ‘‘40 hours’’. as follows: retary of Health and Human Services and the Strike all after the enacting clause and in- Secretary.’’. SA 2944. Mr. MCCONNELL submitted sert the following: (b) EFFECTIVE DATE.—The amendment an amendment intended to be proposed SECTION 1. SHORT TITLE. made by subsection (a) shall apply to months This Act may be cited as the ‘‘Protecting beginning after December 31, 2013. by him to the bill H.R. 3979, to amend Volunteer Firefighters and Emergency Re- the Internal Revenue Code of 1986 to sponders Act of 2014’’. SA 2943. Mr. MCCONNELL submitted ensure that emergency services volun- SEC. 2. EMERGENCY SERVICES, GOVERNMENT, an amendment intended to be proposed teers are not taken into account as em- AND CERTAIN NONPROFIT VOLUN- by him to the bill H.R. 3979, to amend ployees under the shared responsibility TEERS. the Internal Revenue Code of 1986 to requirements contained in the Patient (a) IN GENERAL.—Section 4980H(c) of the In- ensure that emergency services volun- Protection and Affordable Care Act; ternal Revenue Code of 1986 is amended by redesignating paragraphs (5), (6), and (7) as teers are not taken into account as em- which was ordered to lie on the table; paragraphs (6), (7), and (8), respectively, and ployees under the shared responsibility as follows: by inserting after paragraph (4) the following requirements contained in the Patient Strike all after the enacting clause and in- new paragraph: Protection and Affordable Care Act; sert the following:

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00153 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2036 CONGRESSIONAL RECORD — SENATE April 1, 2014 SECTION 1. SHORT TITLE. ‘‘(ii) under a health care program under ‘‘(I) any government entity, and This Act may be cited as the ‘‘Protecting chapter 17 or 18 of title 38, United States ‘‘(II) any organization described in sec- Volunteer Firefighters and Emergency Re- Code, as determined by the Secretary of Vet- tion 501(c) and exempt from tax under sec- sponders Act of 2014’’. erans Affairs, in coordination with the Sec- tion 501(a). SEC. 2. EMERGENCY SERVICES, GOVERNMENT, retary of Health and Human Services and the ‘‘(iv) COORDINATION WITH SUBPARAGRAPH AND CERTAIN NONPROFIT VOLUN- Secretary.’’. (A).—This subparagraph shall not fail to TEERS. (b) EFFECTIVE DATE.—The amendment apply with respect to services merely be- (a) IN GENERAL.—Section 4980H(c) of the In- made by subsection (a) shall apply to months cause such services are qualified services (as ternal Revenue Code of 1986 is amended by beginning after December 31, 2013. defined in section 457(e)(11)(C)).’’. redesignating paragraphs (5), (6), and (7) as (b) EFFECTIVE DATE.—The amendments paragraphs (6), (7), and (8), respectively, and SA 2945. Mr. MCCONNELL submitted made by this section shall apply to months by inserting after paragraph (4) the following an amendment intended to be proposed beginning after December 30, 2013. new paragraph: by him to the bill H.R. 3979, to amend ‘‘(5) SPECIAL RULES FOR CERTAIN EMER- SA 2947. Mr. MCCONNELL submitted the Internal Revenue Code of 1986 to GENCY SERVICES, GOVERNMENT, AND NONPROFIT an amendment intended to be proposed ensure that emergency services volun- VOLUNTEERS.— by him to the bill H.R. 3979, to amend teers are not taken into account as em- ‘‘(A) EMERGENCY SERVICES VOLUNTEERS.— the Internal Revenue Code of 1986 to Qualified services rendered as a bona fide ployees under the shared responsibility ensure that emergency services volun- volunteer to an eligible employer shall not requirements contained in the Patient teers are not taken into account as em- be taken into account under this section as Protection and Affordable Care Act; ployees under the shared responsibility service provided by an employee. For pur- which was ordered to lie on the table; requirements contained in the Patient poses of the preceding sentence, the terms as follows: ‘qualified services’, ‘bona fide volunteer’, and Protection and Affordable Care Act; ‘eligible employer’ shall have the respective Strike Sections 1 through 11. which was ordered to lie on the table; meanings given such terms under section as follows: 457(e). SA 2946. Mr. MCCONNELL submitted At the appropriate place, insert the fol- ‘‘(B) CERTAIN OTHER GOVERNMENT AND NON- an amendment intended to be proposed lowing: PROFIT VOLUNTEERS.— by him to the bill H.R. 3979, to amend SEC. lll. DEFINITION OF APPLICABLE LARGE ‘‘(i) IN GENERAL.—Services rendered as a the Internal Revenue Code of 1986 to EMPLOYER. bona fide volunteer to a specified employer ensure that emergency services volun- (a) IN GENERAL.—Paragraph (2) of section shall not be taken into account under this teers are not taken into account as em- 4980H(c) of the Internal Revenue Code of 1986 section as service provided by an employee. ployees under the shared responsibility is amended— ‘‘(ii) BONA FIDE VOLUNTEER.—For purposes of this subparagraph, the term ‘bona fide vol- requirements contained in the Patient (1) by striking ‘‘50 full-time employees’’ unteer’ means an employee of a specified em- Protection and Affordable Care Act; each place it appears in subparagraphs (A) ployer whose only compensation from such which was ordered to lie on the table; and (B)(i) and inserting ‘‘500 full-time em- employer is in the form of— as follows: ployees’’, and ‘‘(I) reimbursement for (or reasonable al- (2) by striking ‘‘in excess of 50’’ in subpara- At the appropriate place, insert the fol- graph (B)(i)(II) and inserting ‘‘in excess of lowance for) reasonable expenses incurred in lowing: the performance of services by volunteers, or 500’’. SECTION 1. SHORT TITLE. (b) EFFECTIVE DATE.—The amendments ‘‘(II) reasonable benefits (including length This Act may be cited as the ‘‘Protecting made by this section shall apply to months of service awards), and nominal fees, custom- Volunteer Firefighters and Emergency Re- beginning after December 31, 2013. arily paid by similar entities in connection sponders Act of 2014’’. with the performance of services by volun- Mr. MCCONNELL submitted teers. SEC. 2. EMERGENCY SERVICES, GOVERNMENT, SA 2948. AND CERTAIN NONPROFIT VOLUN- ‘‘(iii) SPECIFIED EMPLOYER.—For purposes an amendment intended to be proposed TEERS. of this subparagraph, the term ‘specified em- by him to the bill H.R. 3979, to amend (a) IN GENERAL.—Section 4980H(c) of the ployer’ means— the Internal Revenue Code of 1986 to Internal Revenue Code of 1986 is amended by ‘‘(I) any government entity, and ensure that emergency services volun- redesignating paragraphs (5), (6), and (7) as ‘‘(II) any organization described in section paragraphs (6), (7), and (8), respectively, and teers are not taken into account as em- 501(c) and exempt from tax under section by inserting after paragraph (4) the following ployees under the shared responsibility 501(a). new paragraph: requirements contained in the Patient ‘‘(iv) COORDINATION WITH SUBPARAGRAPH ‘‘(5) SPECIAL RULES FOR CERTAIN EMER- Protection and Affordable Care Act; (A).—This subparagraph shall not fail to GENCY SERVICES, GOVERNMENT, AND NONPROFIT apply with respect to services merely be- which was ordered to lie on the table; VOLUNTEERS.— cause such services are qualified services (as as follows: ‘‘(A) EMERGENCY SERVICES VOLUNTEERS.— defined in section 457(e)(11)(C)).’’. At the appropriate place, insert the fol- Qualified services rendered as a bona fide (b) EFFECTIVE DATE.—The amendments lowing: made by this section shall apply to months volunteer to an eligible employer shall not be taken into account under this section as SEC. lll. REPEAL OF THE INDIVIDUAL MAN- beginning after December 31, 2013. DATE. service provided by an employee. For pur- SEC. 3. DEFINITION OF FULL-TIME EMPLOYEE. Section 1501 and subsections (a), (b), (c), poses of the preceding sentence, the terms Section 4980H(c) of the Internal Revenue and (d) of section 10106 of the Patient Protec- ‘qualified services’, ‘bona fide volunteer’, and Code of 1986 is amended— tion and Affordable Care Act (and the ‘eligible employer’ shall have the respective (1) in paragraph (2)(E), by striking ‘‘by 120’’ amendments made by such sections and sub- meanings given such terms under section and inserting ‘‘by 174’’; and sections) are repealed and the Internal Rev- 457(e). (2) in paragraph (4)(A) by striking ‘‘30 enue Code of 1986 shall be applied and admin- ‘‘(B) CERTAIN OTHER GOVERNMENT AND hours’’ and inserting ‘‘40 hours’’. istered as if such provisions and amendments NONPROFIT VOLUNTEERS.— SEC. 4. EMPLOYEES WITH HEALTH COVERAGE had never been enacted. ‘‘(I) IN GENERAL.—Services rendered as a UNDER TRICARE OR THE VETERANS bona fide volunteer to a specified employer ADMINISTRATION MAY BE EXEMPT- SA 2949. Mr. MCCONNELL submitted shall not be taken into account under this ED FROM EMPLOYER MANDATE an amendment intended to be proposed UNDER PATIENT PROTECTION AND section as service provided by an employee. AFFORDABLE CARE ACT. ‘‘(ii) BONA FIDE VOLUNTEER.—For pur- by him to the bill H.R. 3979, to amend (a) IN GENERAL.—Section 4980H(c)(2) of the poses of this subparagraph, the term ‘bona the Internal Revenue Code of 1986 to Internal Revenue Code is amended by adding fide volunteer’ means an employee of a speci- ensure that emergency services volun- at the end the following: fied employer whose only compensation from teers are not taken into account as em- ‘‘(F) EXEMPTION FOR HEALTH COVERAGE such employer is in the form of— ployees under the shared responsibility UNDER TRICARE OR THE VETERANS ADMINISTRA- ‘‘(I) reimbursement for (or reasonable al- requirements contained in the Patient TION.—Solely for purposes of determining lowance for) reasonable expenses incurred in Protection and Affordable Care Act; whether an employer is an applicable large the performance of services by volunteers, or employer under this paragraph for any ‘‘(II) reasonable benefits (including which was ordered to lie on the table; month, an employer may elect not to take length of service awards), and nominal fees, as follows: into account for a month as an employee any customarily paid by similar entities in con- At the appropriate place, insert the fol- individual who, for such month, has medical nection with the performance of services by lowing: coverage under— volunteers. SEC. lll. REPEAL OF THE EMPLOYER MAN- ‘‘(i) chapter 55 of title 10, United States ‘‘(iii) SPECIFIED EMPLOYER.—For purposes DATE. Code, including coverage under the of this subparagraph, the term ‘specified em- Sections 1513 and 1514 and subsections (e), TRICARE program, or ployer’ means— (f), and (g) of section 10106 of the Patient

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00154 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2037 Protection and Affordable Care Act (and the ployees under the shared responsibility SEC. lll. EMPLOYEES WITH HEALTH COV- amendments made by such sections and sub- requirements contained in the Patient ERAGE UNDER TRICARE OR THE sections) are repealed and the Internal Rev- VETERANS ADMINISTRATION MAY Protection and Affordable Care Act; BE EXEMPTED FROM EMPLOYER enue Code of 1986 shall be applied and admin- which was ordered to lie on the table; MANDATE UNDER PATIENT PROTEC- istered as if such provisions and amendments as follows: TION AND AFFORDABLE CARE ACT. had never been enacted. (a) IN GENERAL.—Section 4980H(c)(2) of the At the appropriate place, insert the fol- Internal Revenue Code is amended by adding SA 2950. Mr. MCCONNELL submitted lowing: at the end the following: an amendment intended to be proposed SEC. lll. EMPLOYEES WITH HEALTH COV- ‘‘(F) EXEMPTION FOR HEALTH COVERAGE by him to the bill H.R. 3979, to amend ERAGE UNDER TRICARE OR THE UNDER TRICARE OR THE VETERANS ADMINISTRA- the Internal Revenue Code of 1986 to VETERANS ADMINISTRATION MAY TION.—Solely for purposes of determining ensure that emergency services volun- BE EXEMPTED FROM EMPLOYER whether an employer is an applicable large MANDATE UNDER PATIENT PROTEC- teers are not taken into account as em- employer under this paragraph for any TION AND AFFORDABLE CARE ACT. month, an employer may elect not to take ployees under the shared responsibility (a) IN GENERAL.—Section 4980H(c)(2) of the into account for a month as an employee any requirements contained in the Patient Internal Revenue Code is amended by adding individual who, for such month, has medical Protection and Affordable Care Act; at the end the following: coverage under— which was ordered to lie on the table; ‘‘(F) EXEMPTION FOR HEALTH COVERAGE ‘‘(i) chapter 55 of title 10, United States as follows: UNDER TRICARE OR THE VETERANS ADMINISTRA- Code, including coverage under the At the appropriate place, insert the fol- TION.—Solely for purposes of determining TRICARE program, or lowing: whether an employer is an applicable large ‘‘(ii) under a health care program under employer under this paragraph for any chapter 17 or 18 of title 38, United States SEC. lll. DEFINITION OF APPLICABLE LARGE month, an employer may elect not to take Code, as determined by the Secretary of Vet- EMPLOYER. into account for a month as an employee any erans Affairs, in coordination with the Sec- (a) IN GENERAL.—Paragraph (2) of section individual who, for such month, has medical retary of Health and Human Services and the 4980H(c) of the Internal Revenue Code of 1986 coverage under— Secretary.’’. is amended— ‘‘(i) chapter 55 of title 10, United States (b) EFFECTIVE DATE.—The amendment (1) by striking ‘‘50 full-time employees’’ Code, including coverage under the made by subsection (a) shall apply to months each place it appears in subparagraphs (A) TRICARE program, or beginning after December 31, 2013. and (B)(i) and inserting ‘‘100,000,000 full-time ‘‘(ii) under a health care program under employees’’, and chapter 17 or 18 of title 38, United States SA 2955. Mr. McCONNELL submitted (2) by striking ‘‘in excess of 50’’ in subpara- Code, as determined by the Secretary of Vet- an amendment intended to be proposed graph (B)(i)(II) and inserting ‘‘in excess of erans Affairs, in coordination with the Sec- by him to the bill H.R. 3979, to amend 100,000,000’’. retary of Health and Human Services and the the Internal Revenue Code of 1986 to (b) EFFECTIVE DATE.—The amendments made by this section shall apply to months Secretary.’’. ensure that emergency services volun- beginning after December 31, 2013. (b) EFFECTIVE DATE.—The amendment teers are not taken into account as em- made by subsection (a) shall apply to months ployees under the shared responsibility SA 2951. Mr. MCCONNELL submitted beginning after December 31, 2013. requirements contained in the Patient an amendment intended to be proposed Protection and Affordable Care Act; by him to the bill H.R. 3979, to amend SA 2953. Mr. McCONNELL submitted which was ordered to lie on the table; the Internal Revenue Code of 1986 to an amendment intended to be proposed as follows: ensure that emergency services volun- by him to the bill H.R. 3979, to amend At the end of the amendment, add the fol- teers are not taken into account as em- the Internal Revenue Code of 1986 to lowing: ployees under the shared responsibility ensure that emergency services volun- DIVISION B—SAVING COAL JOBS requirements contained in the Patient teers are not taken into account as em- SEC. 2001. SHORT TITLE. Protection and Affordable Care Act; ployees under the shared responsibility This division may be cited as the ‘‘Saving which was ordered to lie on the table; requirements contained in the Patient Coal Jobs Act of 2013’’. as follows: Protection and Affordable Care Act; TITLE I—PROHIBITION ON ENERGY TAX SEC. 2101. PROHIBITION ON ENERGY TAX. At the end, add the following: which was ordered to lie on the table; (a) FINDINGS; PURPOSES.— SEC. ll. LONG-TERM UNEMPLOYED INDIVID- as follows: (1) FINDINGS.—Congress finds that— UALS NOT TAKEN INTO ACCOUNT At the appropriate place, insert the fol- (A) on June 25, 2013, President Obama FOR EMPLOYER HEALTH CARE COV- ERAGE MANDATE. lowing: issued a Presidential memorandum directing (a) IN GENERAL.—Paragraph (4) of section SEC. lll. DEFINITION OF FULL-TIME EM- the Administrator of the Environmental 4980H(c) of the Internal Revenue Code of 1986 PLOYEE. Protection Agency to issue regulations relat- is amended by adding at the end the fol- Section 4980H(c) of the Internal Revenue ing to power sector carbon pollution standards for existing coal fired power plants; lowing new subparagraph: Code of 1986 is amended— (B) the issuance of that memorandum cir- ‘‘(C) EXCEPTION FOR LONG-TERM UNEM- (1) in paragraph (2)(E), by striking ‘‘by 120’’ cumvents Congress and the will of the people PLOYED INDIVIDUALS.— and inserting ‘‘by 174’’; and of the United States; ‘‘(i) IN GENERAL.—The term ‘full-time em- (2) in paragraph (4)(A) by striking ‘‘30 (C) any action to control emissions of ployee’ shall not include any individual who hours’’ and inserting ‘‘40 hours’’. is a long-term unemployed individual with greenhouse gases from existing coal fired respect to such employer. power plants in the United States by man- SA 2954. Mr. McCONNELL submitted dating a national energy tax would devastate ‘‘(ii) LONG-TERM UNEMPLOYED INDIVIDUAL.— For purposes of this subparagraph, the term an amendment intended to be proposed major sectors of the economy, cost thou- ‘long-term unemployed individual’ means, by him to the bill H.R. 3979, to amend sands of jobs, and increase energy costs for with respect to any employer, an individual the Internal Revenue Code of 1986 to low-income households, small businesses, who— ensure that emergency services volun- and seniors on fixed income; ‘‘(I) begins employment with such em- teers are not taken into account as em- (D) joblessness increases the likelihood of hospital visits, illnesses, and premature ployer after the date of the enactment of ployees under the shared responsibility this subparagraph, and deaths; requirements contained in the Patient (E) according to testimony on June 15, ‘‘(II) has been unemployed for 27 weeks or Protection and Affordable Care Act; longer, as determined by the Secretary of 2011, before the Committee on Environment Labor, immediately before the date such em- which was ordered to lie on the table; and Public Works of the Senate by Dr. Har- ployment begins.’’. as follows: vey Brenner of Johns Hopkins University, ‘‘The unemployment rate is well established (b) EFFECTIVE DATE.—The amendment At the appropriate place, insert the fol- as a risk factor for elevated illness and mor- made by this section shall apply to months lowing: beginning after December 31, 2013. tality rates in epidemiological studies per- SEC. lll. DEFINITION OF FULL-TIME EM- formed since the early 1980s. In addition to PLOYEE. SA 2952. Mr. MCCONNELL submitted influences on mental disorder, suicide and an amendment intended to be proposed Section 4980H(c) of the Internal Revenue alcohol abuse and alcoholism, unemploy- Code of 1986 is amended— ment is also an important risk factor in car- by him to the bill H.R. 3979, to amend (1) in paragraph (2)(E), by striking ‘‘by 120’’ diovascular disease and overall decreases in the Internal Revenue Code of 1986 to and inserting ‘‘by 174’’; and life expectancy.’’; ensure that emergency services volun- (2) in paragraph (4)(A) by striking ‘‘30 (F) according to the National Center for teers are not taken into account as em- hours’’ and inserting ‘‘40 hours’’. Health Statistics, ‘‘children in poor families

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were four times as likely to be in fair or poor ‘‘(2) PERMITS.— ‘‘(C) to ensure that the public, and any health as children that were not poor’’; ‘‘(A) IN GENERAL.—Notwithstanding any other State the waters of which may be af- (G) any major decision that would cost the other provision of law, in making a deter- fected, receives notice of each application for economy of the United States millions of mination whether to approve a new permit a permit and an opportunity for a public dollars and lead to serious negative health or a renewed permit, the permitting author- hearing before a ruling on each application; effects for the people of the United States ity— ‘‘(D) to ensure that the Administrator re- should be debated and explicitly authorized ‘‘(i) shall base the determination only on ceives notice and a copy of each application by Congress, not approved by a Presidential compliance with regulations issued by the for a permit; memorandum or regulations; and Administrator or the permitting authority; ‘‘(E) to ensure that any State (other than (H) any policy adopted by Congress should and the permitting State), whose waters may be make United States energy as clean as prac- ‘‘(ii) shall not base the determination on affected by the issuance of a permit may sub- ticable, as quickly as practicable, without the extent of adherence of the applicant for mit written recommendations to the permit- increasing the cost of energy for struggling the new permit or renewed permit to guid- ting State and the Administrator with re- families, seniors, low-income households, ance. spect to any permit application and, if any and small businesses. ‘‘(B) NEW PERMITS.—If the permitting au- part of the written recommendations are not (2) PURPOSES.—The purposes of this section thority does not approve or deny an applica- accepted by the permitting State, that the are— tion for a new permit by the date that is 270 permitting State will notify the affected (A) to ensure that— days after the date of receipt of the applica- State and the Administrator in writing of (i) a national energy tax is not imposed on tion for the new permit, the applicant may the failure of the State to accept the rec- the economy of the United States; and operate as if the application were approved ommendations, including the reasons for not (ii) struggling families, seniors, low-in- in accordance with Federal law for the pe- accepting the recommendations; come households, and small businesses do riod of time for which a permit from the ‘‘(F) to ensure that no permit will be not experience skyrocketing electricity bills same industry would be approved. issued if, in the judgment of the Secretary of and joblessness; ‘‘(C) SUBSTANTIAL COMPLETENESS.—In de- the Army (acting through the Chief of Engi- (B) to protect the people of the United termining whether an application for a new neers), after consultation with the Secretary States, particularly families, seniors, and permit or a renewed permit received under of the department in which the Coast Guard children, from the serious negative health ef- this paragraph is substantially complete, the is operating, anchorage and navigation of fects of joblessness; permitting authority shall use standards for any of the navigable waters would be sub- (C) to allow sufficient time for Congress to determining substantial completeness of stantially impaired by the issuance of the develop and authorize an appropriate mecha- similar permits for similar facilities sub- permit; nism to address the energy needs of the mitted in fiscal year 2007.’’. ‘‘(G) to abate violations of the permit or United States and the potential challenges (b) STATE PERMIT PROGRAMS.— the permit program, including civil and posed by severe weather; and (1) IN GENERAL.—Section 402 of the Federal criminal penalties and other means of en- (D) to restore the legislative process and Water Pollution Control Act (33 U.S.C. 1342) forcement; congressional authority over the energy pol- is amended by striking subsection (b) and in- ‘‘(H) to ensure that any permit for a dis- icy of the United States. serting the following: charge from a publicly owned treatment (b) PRESIDENTIAL MEMORANDUM.—Notwith- ‘‘(b) STATE PERMIT PROGRAMS.— works includes conditions to require the standing any other provision of law, the head ‘‘(1) IN GENERAL.—At any time after the identification in terms of character and vol- of a Federal agency shall not promulgate promulgation of the guidelines required by ume of pollutants of any significant source any regulation relating to power sector car- section 304(a)(2), the Governor of each State introducing pollutants subject to bon pollution standards or any substantially desiring to administer a permit program for pretreatment standards under section 307(b) similar regulation on or after June 25, 2013, discharges into navigable waters within the into the treatment works and a program to unless that regulation is explicitly author- jurisdiction of the State may submit to the ensure compliance with those pretreatment ized by an Act of Congress. Administrator— standards by each source, in addition to ade- TITLE II—PERMITS ‘‘(A) a full and complete description of the quate notice, which shall include informa- SEC. 2201. NATIONAL POLLUTANT DISCHARGE program the State proposes to establish and tion on the quality and quantity of effluent ELIMINATION SYSTEM. administer under State law or under an to be introduced into the treatment works (a) APPLICABILITY OF GUIDANCE.—Section interstate compact; and and any anticipated impact of the change in 402 of the Federal Water Pollution Control ‘‘(B) a statement from the attorney gen- the quantity or quality of effluent to be dis- Act (33 U.S.C. 1342) is amended by adding at eral (or the attorney for those State water charged from the publicly owned treatment the end the following: pollution control agencies that have inde- works, to the permitting agency of— ‘‘(s) APPLICABILITY OF GUIDANCE.— pendent legal counsel), or from the chief ‘‘(i) new introductions into the treatment ‘‘(1) DEFINITIONS.—In this subsection: legal officer in the case of an interstate works of pollutants from any source that ‘‘(A) GUIDANCE.— agency, that the laws of the State, or the would be a new source (as defined in section ‘‘(i) IN GENERAL.—The term ‘guidance’ interstate compact, as applicable, provide 306(a)) if the source were discharging pollut- means draft, interim, or final guidance adequate authority to carry out the de- ants; issued by the Administrator. scribed program. ‘‘(ii) new introductions of pollutants into ‘‘(ii) INCLUSIONS.—The term ‘guidance’ in- ‘‘(2) APPROVAL.—The Administrator shall the treatment works from a source that cludes— approve each program for which a descrip- would be subject to section 301 if the source ‘‘(I) the comprehensive guidance issued by tion is submitted under paragraph (1) unless were discharging those pollutants; or the Administrator and dated April 1, 2010; the Administrator determines that adequate ‘‘(iii) a substantial change in volume or ‘‘(II) the proposed guidance entitled ‘Draft authority does not exist— character of pollutants being introduced into Guidance on Identifying Waters Protected by ‘‘(A) to issue permits that— the treatment works by a source introducing the Clean Water Act’ and dated April 28, 2011; ‘‘(i) apply, and ensure compliance with, pollutants into the treatment works at the ‘‘(III) the final guidance proposed by the any applicable requirements of sections 301, time of issuance of the permit; and Administrator and dated July 21, 2011; and 302, 306, 307, and 403; ‘‘(I) to ensure that any industrial user of ‘‘(IV) any other document or paper issued ‘‘(ii) are for fixed terms not exceeding 5 any publicly owned treatment works will by the Administrator through any process years; comply with sections 204(b), 307, and 308. other than the notice and comment rule- ‘‘(iii) can be terminated or modified for ‘‘(3) ADMINISTRATION.—Notwithstanding making process. cause, including— paragraph (2), the Administrator may not ‘‘(B) NEW PERMIT.—The term ‘new permit’ ‘‘(I) a violation of any condition of the per- disapprove or withdraw approval of a pro- means a permit covering discharges from a mit; gram under this subsection on the basis of structure— ‘‘(II) obtaining a permit by misrepresenta- the following: ‘‘(i) that is issued under this section by a tion or failure to disclose fully all relevant ‘‘(A) The failure of the program to incor- permitting authority; and facts; and porate or comply with guidance (as defined ‘‘(ii) for which an application is— ‘‘(III) a change in any condition that rein subsection (s)(1)). ‘‘(I) pending as of the date of enactment of quires either a temporary or permanent re- ‘‘(B) The implementation of a water qual- this subsection; or duction or elimination of the permitted dis- ity standard that has been adopted by the ‘‘(II) filed on or after the date of enactment charge; and State and approved by the Administrator of this subsection. ‘‘(iv) control the disposal of pollutants into under section 303(c).’’. ‘‘(C) PERMITTING AUTHORITY.—The term wells; (2) CONFORMING AMENDMENTS.— ‘permitting authority’ means— ‘‘(B)(i) to issue permits that apply, and en- (A) Section 309 of the Federal Water Pollu- ‘‘(i) the Administrator; or sure compliance with, all applicable require- tion Control Act (33 U.S.C. 1319) is amend- ‘‘(ii) a State, acting pursuant to a State ments of section 308; or ed— program that is equivalent to the program ‘‘(ii) to inspect, monitor, enter, and require (i) in subsection (c)— under this section and approved by the Ad- reports to at least the same extent as re- (I) in paragraph (1)(A), by striking ministrator. quired in section 308; ‘‘402(b)(8)’’ and inserting ‘‘402(b)(2)(H)’’; and

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00156 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2039 (II) in paragraph (2)(A), by striking or environmental impact statement, as ap- tence by striking ‘‘for the discharge’’ and in- ‘‘402(b)(8)’’ and inserting ‘‘402(b)(2)(H)’’; and propriate, is required under the National En- serting ‘‘for all or part of the discharges’’. (ii) in subsection (d), in the first sentence, vironmental Policy Act of 1969 (42 U.S.C. 4321 by striking ‘‘402(b)(8)’’ and inserting et seq.), the Secretary shall— SEC. 2203. IMPACTS OF ENVIRONMENTAL PRO- ‘‘402(b)(2)(H)’’. ‘‘(I) begin the process not later than 90 TECTION AGENCY REGULATORY AC- TIVITY ON EMPLOYMENT AND ECO- (B) Section 402(m) of the Federal Water days after the date on which the Secretary NOMIC ACTIVITY. Pollution Control Act (33 U.S.C. 1342(m)) is receives a permit application; and amended in the first sentence by striking ‘‘(II) approve or deny an application for a (a) DEFINITIONS.—In this section: ‘‘subsection (b)(8) of this section’’ and insert- permit under this subsection not later than (1) ADMINISTRATOR.—The term ‘‘Adminis- ing ‘‘subsection (b)(2)(H)’’. the latter of— trator’’ means the Administrator of the En- (c) SUSPENSION OF FEDERAL PROGRAM.— ‘‘(aa) if an agency carries out an environ- vironmental Protection Agency. Section 402(c) of the Federal Water Pollution mental assessment that leads to a finding of (2) COVERED ACTION.—The term ‘‘covered Control Act (33 U.S.C. 1342(c)) is amended— no significant impact, the date on which the action’’ means any of the following actions (1) by redesignating paragraph (4) as para- finding of no significant impact is issued; or taken by the Administrator under the Fed- graph (5); and ‘‘(bb) if an agency carries out an environ- eral Water Pollution Control Act (33 U.S.C. (2) by inserting after paragraph (3) the fol- mental assessment that leads to a record of 1251 et seq.): lowing: decision, 15 days after the date on which the (A) Issuing a regulation, policy statement, ‘‘(4) LIMITATION ON DISAPPROVAL.—Notwith- record of decision on an environmental im- guidance, response to a petition, or other re- standing paragraphs (1) through (3), the Ad- pact statement is issued. quirement. ministrator may not disapprove or withdraw ‘‘(ii) PROCESSES.—Notwithstanding clause (B) Implementing a new or substantially approval of a State program under sub- (i), regardless of whether the Secretary has altered program. section (b) on the basis of the failure of the commenced an environmental assessment or (3) MORE THAN A DE MINIMIS NEGATIVE IM- following: environmental impact statement by the date PACT.—The term ‘‘more than a de minimis ‘‘(A) The failure of the program to incor- described in clause (i)(I), the following dead- negative impact’’ means the following: porate or comply with guidance (as defined lines shall apply: (A) With respect to employment levels, a in subsection (s)(1)). ‘‘(I) An environmental assessment carried loss of more than 100 jobs, except that any ‘‘(B) The implementation of a water qual- out under the National Environmental Pol- offsetting job gains that result from the hy- ity standard that has been adopted by the icy Act of 1969 (42 U.S.C. 4321 et seq.) shall be pothetical creation of new jobs through new State and approved by the Administrator completed not later than 1 year after the technologies or government employment under section 303(c).’’. deadline for commencing the permit process may not be used in the job loss calculation. (d) NOTIFICATION OF ADMINISTRATOR.—Sec- under clause (i)(I). (B) With respect to economic activity, a tion 402(d)(2) of the Federal Water Pollution ‘‘(II) An environmental impact statement decrease in economic activity of more than Control Act (33 U.S.C. 1342(d)(2)) is amend- carried out under the National Environ- $1,000,000 over any calendar year, except that ed— mental Policy Act of 1969 (42 U.S.C. 4321 et any offsetting economic activity that results (1) by striking ‘‘(2)’’ and all that follows seq.) shall be completed not later than 2 from the hypothetical creation of new eco- through the end of the first sentence and in- years after the deadline for commencing the nomic activity through new technologies or serting the following: permit process under clause (i)(I). government employment may not be used in ‘‘(2) OBJECTION BY ADMINISTRATOR.— ‘‘(B) FAILURE TO ACT.—If the Secretary the economic activity calculation. ‘‘(A) IN GENERAL.—Subject to subparagraph fails to act by the deadline specified in (C), no permit shall issue if— clause (i) or (ii) of subparagraph (A)— (b) ANALYSIS OF IMPACTS OF ACTIONS ON ‘‘(i) not later than 90 days after the date on ‘‘(i) the application, and the permit re- EMPLOYMENT AND ECONOMIC ACTIVITY.— which the Administrator receives notifica- quested in the application, shall be consid- (1) ANALYSIS.—Before taking a covered action under subsection (b)(2)(E), the Adminis- ered to be approved; tion, the Administrator shall analyze the im- trator objects in writing to the issuance of ‘‘(ii) the Secretary shall issue a permit to pact, disaggregated by State, of the covered the permit; or the applicant; and action on employment levels and economic ‘‘(ii) not later than 90 days after the date ‘‘(iii) the permit shall not be subject to ju- activity, including estimated job losses and on which the proposed permit of the State is dicial review.’’. decreased economic activity. transmitted to the Administrator, the Ad- (b) STATE PERMITTING PROGRAMS.—Section (2) ECONOMIC MODELS.— ministrator objects in writing to the 404 of the Federal Water Pollution Control (A) IN GENERAL.—In carrying out para- issuance of the permit as being outside the Act (33 U.S.C. 1344) is amended by striking graph (1), the Administrator shall use the guidelines and requirements of this Act.’’; subsection (c) and inserting the following: best available economic models. (2) in the second sentence, by striking ‘‘(c) AUTHORITY OF ADMINISTRATOR.— (B) ANNUAL GAO REPORT.—Not later than ‘‘Whenever the Administrator’’ and inserting ‘‘(1) IN GENERAL.—Subject to paragraphs (2) December 31st of each year, the Comptroller the following: through (4), until the Secretary has issued a General of the United States shall submit to ‘‘(B) REQUIREMENTS.—If the Adminis- permit under this section, the Administrator Congress a report on the economic models trator’’; and is authorized to prohibit the specification used by the Administrator to carry out this (3) by adding at the end the following: (including the withdrawal of specification) of subsection. ‘‘(C) EXCEPTION.—The Administrator shall any defined area as a disposal site, and deny (3) AVAILABILITY OF INFORMATION.—With re- not object to or deny the issuance of a per- or restrict the use of any defined area for spect to any covered action, the Adminis- mit by a State under subsection (b) or (s) specification (including the withdrawal of trator shall— based on the following: specification) as a disposal site, if the Ad- (A) post the analysis under paragraph (1) ‘‘(i) Guidance, as that term is defined in ministrator determines, after notice and op- as a link on the main page of the public subsection (s)(1). portunity for public hearings, that the dis- Internet Web site of the Environmental Pro- ‘‘(ii) The interpretation of the Adminis- charge of the materials into the area will tection Agency; and trator of a water quality standard that has have an unacceptable adverse effect on mu- (B) request that the Governor of any State been adopted by the State and approved by nicipal water supplies, shellfish beds or fish- experiencing more than a de minimis nega- the Administrator under section 303(c).’’. ery areas (including spawning and breeding tive impact post the analysis in the Capitol SEC. 2202. PERMITS FOR DREDGED OR FILL MA- areas), wildlife, or recreational areas. of the State. TERIAL. ‘‘(2) CONSULTATION.—Before making a de- (c) PUBLIC HEARINGS.— (a) IN GENERAL.—Section 404 of the Federal termination under paragraph (1), the Admin- (1) IN GENERAL.—If the Administrator con- Water Pollution Control Act (33 U.S.C. 1344) istrator shall consult with the Secretary. cludes under subsection (b)(1) that a covered is amended— ‘‘(3) FINDINGS.—The Administrator shall action will have more than a de minimis neg- (1) by striking the section heading and all set forth in writing and make public the ative impact on employment levels or eco- that follows through ‘‘SEC. 404. (a) The Sec- findings of the Administrator and the rea- nomic activity in a State, the Administrator retary may issue’’ and inserting the fol- sons of the Administrator for making any shall hold a public hearing in each such lowing: determination under this subsection. State at least 30 days prior to the effective ‘‘SEC. 404. PERMITS FOR DREDGED OR FILL MA- ‘‘(4) AUTHORITY OF STATE PERMITTING PRO- date of the covered action. TERIAL. GRAMS.—This subsection shall not apply to (2) TIME, LOCATION, AND SELECTION.— ‘‘(a) PERMITS.— any permit if the State in which the dis- (A) IN GENERAL.—A public hearing required ‘‘(1) IN GENERAL.—The Secretary may charge originates or will originate does not under paragraph (1) shall be held at a con- issue’’; and concur with the determination of the Admin- venient time and location for impacted resi- (2) in subsection (a), by adding at the end istrator that the discharge will result in an dents. the following: unacceptable adverse effect as described in (B) PRIORITY.—In selecting a location for ‘‘(2) DEADLINE FOR APPROVAL.— paragraph (1).’’. such a public hearing, the Administrator ‘‘(A) PERMIT APPLICATIONS.— (c) STATE PROGRAMS.—Section 404(g)(1) of shall give priority to locations in the State ‘‘(i) IN GENERAL.—Except as provided in the Federal Water Pollution Control Act (33 that will experience the greatest number of clause (ii), if an environmental assessment U.S.C. 1344(g)(1)) is amended in the first sen- job losses.

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(d) NOTIFICATION.—If the Administrator ‘‘(2) STATE AUTHORITY TO IDENTIFY WATERS trator under this subsection issued on or concludes under subsection (b)(1) that a cov- WITHIN BOUNDARIES OF THE STATE.— after March 1, 2013.’’. ered action will have more than a de mini- ‘‘(A) IN GENERAL.—Each State shall submit mis negative impact on employment levels to the Administrator from time to time, SA 2956. Mr. REID (for Mr. MENEN- or economic activity in any State, the Ad- with the first such submission not later than DEZ) proposed an amendment to the ministrator shall give notice of such impact 180 days after the date of publication of the resolution S. Res. 371, honoring the leg- to the congressional delegation, Governor, first identification of pollutants under sec- acy and accomplishments of Jan and legislature of the State at least 45 days tion 304(a)(2)(D), the waters identified and before the effective date of the covered ac- the loads established under subparagraphs Karski on the centennial of his birth; tion. (A), (B), (C), and (D) of paragraph (1). as follows: SEC. 2204. IDENTIFICATION OF WATERS PRO- ‘‘(B) APPROVAL OR DISAPPROVAL BY ADMIN- Beginning on page 2, strike line 2 and all TECTED BY THE CLEAN WATER ACT. ISTRATOR.— that follows through ‘‘(3) applauds’’ on page (a) IN GENERAL.—The Secretary of the ‘‘(i) IN GENERAL.—Not later than 30 days 3, line 3, and insert the following: Army and the Administrator of the Environ- after the date of submission, the Adminis- (1) recognizes the life and legacy of Dr. Jan mental Protection Agency may not— trator shall approve the State identification Karski on the centennial of his birth, and ex- (1) finalize, adopt, implement, administer, and load or announce the disagreement of presses its gratitude for his efforts alerting or enforce the proposed guidance described the Administrator with the State identifica- the free world about the atrocities com- in the notice of availability and request for tion and load. mitted by Nazi and totalitarian forces in oc- comments entitled ‘‘EPA and Army Corps of ‘‘(ii) APPROVAL.—If the Administrator ap- cupied Poland during World War II; and Engineers Guidance Regarding Identification proves the identification and load submitted (2) applauds of Waters Protected by the Clean Water Act’’ by the State under this subsection, the State (EPA–HQ–OW–2011–0409) (76 Fed. Reg. 24479 shall incorporate the identification and load SA 2957. Mr. REID (for Mr. MENEN- (May 2, 2011)); and into the current plan of the State under sub- DEZ) proposed an amendment to the (2) use the guidance described in paragraph section (e). resolution S. Res. 371, 0; as follows: (1), any successor document, or any substan- ‘‘(iii) DISAPPROVAL.—If the Administrator tially similar guidance made publicly avail- announces the disagreement of the Adminis- Amend the title so as to read: ‘‘Honoring able on or after December 3, 2008, as the basis trator with the identification and load sub- the legacy and accomplishments of Jan for any decision regarding the scope of the mitted by the State under this subsection. Karski on the centennial of his birth.’’. Federal Water Pollution Control Act (33 the Administrator shall submit, not later f U.S.C. 1251 et seq.) or any rulemaking. than 30 days after the date that the Adminis- (b) RULES.—The use of the guidance de- trator announces the disagreement of the NOTICE OF INTENT TO OBJECT TO scribed in subsection (a)(1), or any successor Administrator with the submission of the PROCEEDING document or substantially similar guidance State, to the State the written recommenda- made publicly available on or after Decem- I, Senator CHARLES E. GRASSLEY, in- tion of the Administrator of those additional tend to object to the nomination of ber 3, 2008, as the basis for any rule shall be waters that the Administrator identifies and grounds for vacating the rule. such loads for such waters as the Adminis- Katherine M. O’Regan, to be an Assist- SEC. 2205. LIMITATIONS ON AUTHORITY TO MOD- trator believes are necessary to implement ant Secretary of Housing and Urban IFY STATE WATER QUALITY STAND- the water quality standards applicable to the Development, dated March 31, 2014. ARDS. waters. (a) STATE WATER QUALITY STANDARDS.— f ‘‘(C) ACTION BY STATE.—Not later than 30 Section 303(c)(4) of the Federal Water Pollu- days after receipt of the recommendation of AUTHORITY FOR COMMITTEES TO tion Control Act (33 U.S.C. 1313(c)(4)) is the Administrator, the State shall— MEET amended— ‘‘(i) disregard the recommendation of the (1) by redesignating subparagraphs (A) and COMMITTEE ON COMMERCE, SCIENCE, AND Administrator in full and incorporate its (B) as clauses (i) and (ii), respectively, and TRANSPORTATION own identification and load into the current indenting appropriately; plan of the State under subsection (e); Mr. CASEY. Mr. President, I ask (2) by striking ‘‘(4) The’’ and inserting the ‘‘(ii) accept the recommendation of the Ad- unanimous consent that the Com- following: ministrator in full and incorporate its iden- mittee on Commerce, Science, and ‘‘(4) PROMULGATION OF REVISED OR NEW tification and load as amended by the rec- Transportation be authorized to meet STANDARDS.— ommendation of the Administrator into the ‘‘(A) IN GENERAL.—The’’; during the session of the Senate on (3) by striking ‘‘The Administrator shall current plan of the State under subsection April 1, 2014, at 2:30 p.m. in room SR– promulgate’’ and inserting the following: (e); or 253 of the Russell Senate Office Build- ‘‘(iii) accept the recommendation of the ‘‘(B) DEADLINE.—The Administrator shall Administrator in part, identifying certain ing, to conduct a hearing entitled, ‘‘Re- promulgate;’’ and authorization of the Satellite Tele- (4) by adding at the end the following: additional waters and certain additional loads proposed by the Administrator to be vision Extension and Localism Act.’’ ‘‘(C) STATE WATER QUALITY STANDARDS.— Notwithstanding any other provision of this added to the State’s identification and load The PRESIDING OFFICER. Without paragraph, the Administrator may not pro- and incorporate the State’s identification objection, it is so ordered. and load as amended into the current plan of mulgate a revised or new standard for a pol- COMMITTEE ON FOREIGN RELATIONS lutant in any case in which the State has the State under subsection (e). ‘‘(D) NONCOMPLIANCE BY ADMINISTRATOR.— Mr. CASEY. Mr. President, I ask submitted to the Administrator and the Ad- ‘‘(i) IN GENERAL.—If the Administrator fails unanimous consent that the Com- ministrator has approved a water quality to approve the State identification and load mittee on Foreign Relations be author- standard for that pollutant, unless the State or announce the disagreement of the Admin- concurs with the determination of the Ad- ized to meet during the session of the istrator with the State identification and ministrator that the revised or new standard Senate on April 1, 2014, at 2:15 p.m. load within the time specified in this sub- is necessary to meet the requirements of this The PRESIDING OFFICER. Without section— Act.’’. objection, it is so ordered. (b) FEDERAL LICENSES AND PERMITS.—Sec- ‘‘(I) the identification and load of the State shall be considered approved; and COMMITTEE ON HEALTH, EDUCATION, LABOR, tion 401(a) of the Federal Water Pollution AND PENSIONS Control Act (33 U.S.C. 1341(a)) is amended by ‘‘(II) the State shall incorporate the identi- adding at the end the following: fication and load that the State submitted Mr. CASEY. Mr. President, I ask ‘‘(7) STATE OR INTERSTATE AGENCY DETER- into the current plan of the State under sub- unanimous consent that the Com- MINATION.—With respect to any discharge, if section (e). mittee on Health, Education, Labor, a State or interstate agency having jurisdic- ‘‘(ii) RECOMMENDATIONS NOT SUBMITTED.—If and Pensions be authorized to meet tion over the navigable waters at the point the Administrator announces the disagree- during the session of the Senate on at which the discharge originates or will ment of the Administrator with the identi- April 1, 2014, at 2:30 p.m. in room SD– originate determines under paragraph (1) fication and load of the State but fails to submit the written recommendation of the 430 of the Dirksen Senate Office Build- that the discharge will comply with the ap- ing, to conduct a hearing entitled, ‘‘Ac- plicable provisions of sections 301, 302, 303, Administrator to the State within 30 days as 306, and 307, the Administrator may not take required by subparagraph (B)(iii)— cess to Justice: Ensuring Equal Pay any action to supersede the determination.’’. ‘‘(I) the identification and load of the State with the Paycheck Fairness Act.’’ SEC. 2206. STATE AUTHORITY TO IDENTIFY shall be considered approved; and The PRESIDING OFFICER. Without WATERS WITHIN BOUNDARIES OF ‘‘(II) the State shall incorporate the identi- objection, it is so ordered. THE STATE. fication and load that the State submitted COMMITTEE ON THE JUDICIARY Section 303(d) of the Federal Water Pollu- into the current plan of the State under sub- tion Control Act (33 U.S.C. 1313(d)) is amend- section (e). Mr. CASEY. Mr. President, I ask ed by striking paragraph (2) and inserting ‘‘(E) APPLICATION.—This section shall unanimous consent that the Com- the following: apply to any decision made by the Adminis- mittee on the Judiciary be authorized

VerDate Sep 11 2014 10:39 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S01AP4.REC S01AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 1, 2014 CONGRESSIONAL RECORD — SENATE S2041 to meet during the session of the Sen- JAN KARSKI DAY ORDERS FOR WEDNESDAY, APRIL ate on April 1, 2014, at 10 a.m. in room Mr. REID. Mr. President, I ask unan- 2, 2014 SD–226 of the Dirksen Senate Office imous consent that the Judiciary Com- Mr. REID. I ask unanimous consent Building, to conduct a hearing entitled, mittee be discharged from further con- that when the Senate completes its ‘‘Judicial Nominations.’’ sideration of S. Res. 371 and the Senate business today, it adjourn until tomor- The PRESIDING OFFICER. Without proceed to its consideration. row morning at 9 a.m.; that following objection, it is so ordered. The PRESIDING OFFICER. Without the prayer and the pledge, the morning PERMANENT SUBCOMMITTEE ON INVESTIGATIONS objection, it is so ordered. hour be deemed expired, the Journal of Mr. CASEY. Mr. President, I ask The clerk will report the resolution proceedings be approved to date, the unanimous consent that the Perma- by title. time for the two leaders be reserved for nent Subcommittee on Investigations The legislative clerk read as follows: their use later in the day; that fol- of the Committee on Homeland Secu- A resolution (S. Res. 371) honoring the leg- lowing any leader remarks, the Senate rity and Governmental Affairs be au- acy of Jan Karski by designating April 24, resume consideration of H.R. 3979, thorized to meet during the session of 2014, as ‘‘Jan Karski Day.’’ which is the vehicle for the unemploy- the Senate on April 1, 2014, at 9:30 a.m. There being no objection, the Senate ment insurance extension, with the to conduct a hearing entitled, ‘‘Cat- proceeded to consider the resolution. time until 10 a.m. equally divided and erpillar’s Offshore Tax Strategy.’’ Mr. REID. Mr. President, I ask unan- controlled between the two leaders or The PRESIDING OFFICER. Without imous consent that the Menendez their designees; and that the filing objection, it is so ordered. amendment to the resolution, which is deadline for second-degree amendments SELECT COMMITTEE ON INTELLIGENCE at the desk, be agreed to, the resolu- be 9:30 tomorrow morning. Mr. CASEY. Mr. President, I ask tion, as amended, be agreed to, the pre- The PRESIDING OFFICER. Without unanimous consent that the Select amble be agreed to, the Menendez objection, it is so ordered. Committee on Intelligence be author- amendment to the title, which is at the f ized to meet during the session of the desk, be agreed to and the motions to MEASURES READ THE FIRST Senate on April 1, 2014, at 2:30 p.m. reconsider be considered made and laid TIME—S. 2198 AND S. 2199 The PRESIDING OFFICER. Without upon the table, with no intervening ac- objection, it is so ordered. tion or debate. Mr. REID. There are two bills at the SUBCOMMITTEE ON EMERGING THREATS AND The PRESIDING OFFICER. Is there desk due for their first reading. CAPABILITIES objection? The PRESIDING OFFICER. The Mr. CASEY. Mr. President, I ask Without objection, it is so ordered. clerk will read the bills by title for the unanimous consent that the Sub- The amendment (No. 2956) was agreed first time. committee on Emerging Threats and to, as follows: The legislative clerk read as follows: Capabilities of the Committee on Beginning on page 2, strike line 2 and all A bill (S. 2198) to direct the Secretary of Armed Services be authorized to meet that follows through ‘‘(3) applauds’’ on page the Interior, the Secretary of Commerce, and during the session of the Senate on 3, line 3, and insert the following: the Administrator of Environmental Protec- April 1, 2014, at 2:15 p.m. (1) recognizes the life and legacy of Dr. Jan tion Agency to take action to provide addi- The PRESIDING OFFICER. Without Karski on the centennial of his birth, and ex- tional water supplies and disaster assistance objection, it is so ordered. presses its gratitude for his efforts alerting to the State of California and other Western States due to drought, and for other pur- f the free world about the atrocities committed by Nazi and totalitarian forces in oc- poses. PRIVILEGES OF THE FLOOR cupied Poland during World War II; and A bill (S. 2199) to amend the Fair Labor (2) applauds Standards Act of 1938 to provide more effec- Mr. HARKIN. Mr. President, I ask tive remedies to victims of discrimination in unanimous consent that Diana Hodges The resolution (S. Res. 371), as the payment of wages on the basis of sex, and and Benjamin Rowland, interns from amended, was agreed to. for other purposes. the Senate Health, Education, Labor, The preamble was agreed to. Mr. REID. I ask for a second reading and Pensions Committee, be granted The amendment (No. 2957) was agreed for both bills but object to my own re- floor privileges for the remainder of to- to, as follows: quest. day’s session. Amend the title so as to read: ‘‘Honoring The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Without the legacy and accomplishments of Jan tion is heard. Karski on the centennial of his birth.’’. objection, it is so ordered. The bills will be read for the second f f time on the next legislative day. UNANIMOUS CONSENT AGREE- PARKINSON’S AWARENESS MONTH f MENT—EXECUTIVE CALENDAR Mr. REID. I ask unanimous consent PROGRAM that the Senate proceed to S. Res. 408. Mr. REID. Mr. President, I ask unan- Mr. REID. The first rollcall vote will The PRESIDING OFFICER. The imous consent that on Wednesday, be at 10 a.m. tomorrow morning to in- clerk will report the resolution by April 2, 2014, at a time to be deter- voke cloture on the substitute amend- title. mined by me, in consultation with Sen- ment to the unemployment bill. Addi- The legislative clerk read as follows: ator MCCONNELL, the Senate proceed to tional votes are possible. executive session to consider the fol- A resolution (S. Res. 408) supporting the lowing nominations: 520, 679, 705; that designation of April as ‘‘Parkinson’s Aware- f there be 2 minutes of debate equally di- ness Month.’’ ADJOURNMENT UNTIL 9 A.M. vided in the usual form; that upon the There being no objection, the Senate TOMORROW use or yielding back of that time, the proceeded to consider the resolution. Mr. REID. If there is no further busi- Senate proceed to vote on the nomina- Mr. REID. I ask unanimous consent ness to come before the Senate, I ask tions in the order listed; that all roll- that the resolution be agreed to, the unanimous consent that it stand ad- call votes after the first be 10 minutes preamble be agreed to, and the motions journed under the previous order. in length; that the motions to recon- to reconsider be considered made and There being no objection, the Senate, sider be considered made and laid upon laid upon the table, with no inter- at 7:11 p.m., adjourned until Wednes- the table with no intervening action or vening action or debate. day, April 2, 2014, at 9 a.m. The PRESIDING OFFICER. Without debate; that no further motions be in f order; that any related statements be objection, it is so ordered. printed in the RECORD; that the Presi- The resolution (S. Res. 408) was CONFIRMATIONS dent be immediately notified of the agreed to. Executive nominations confirmed by Senate’s action and the Senate resume The preamble was agreed to. the Senate April 1, 2014: legislative session. (The resolution, with its preamble, is DEPARTMENT OF STATE The PRESIDING OFFICER. Without printed in today’s RECORD under ‘‘Sub- KEVIN WHITAKER, OF VIRGINIA, A CAREER MEMBER OF objection, it is so ordered. mitted Resolutions.’’) THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER–

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COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND DEPARTMENT OF LABOR DEPARTMENT OF JUSTICE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF COLOMBIA. CHRISTOPHER P. LU, OF VIRGINIA, TO BE DEPUTY SEC- JOHN P. CARLIN, OF NEW YORK, TO BE AN ASSISTANT RETARY OF LABOR. ATTORNEY GENERAL.

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