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

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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, WEDNESDAY, MARCH 12, 2014 No. 41 House of Representatives The House met at 10 a.m. and was Federal spending had tripled, Federal Amazing economic possibilities called to order by the Speaker pro tem- debt had shrunk to 30 percent of GDP. abound if the Federal Government will pore (Ms. ROS-LEHTINEN). Since 1980, America’s per-capita Fed- simply allow Americans to seize them. f eral spending has exploded to five Unfortunately, too many paternal- times more than 1948 levels. The re- istic Washington politicians distrust DESIGNATION OF SPEAKER PRO sult? America faces a skyrocketing $17 TEMPORE the American people to earn a better trillion debt burden. life for themselves or to take care of The SPEAKER pro tempore laid be- America’s Comptroller General warns each other without government coer- fore the House the following commu- that America’s financial path is cion or intervention. nication from the Speaker: unsustainable. Instead of confronting Financially irresponsible Washington WASHINGTON, DC, our debt dependence, Washington kicks politicians insist on spending money March 12, 2014. the can down the road and immorally I hereby appoint the Honorable ILEANA sells our children into the equivalent of we do not have, risking a debilitating ROS-LEHTINEN to act as Speaker pro tempore indentured servitude and poverty, American insolvency and bankruptcy, on this day. while driving America’s Federal debt debasing our currency, punishing suc- JOHN A. BOEHNER, to dangerous levels. cess, rewarding destructive behavior, Speaker of the House of Representatives. and strangling job creation in bureau- To preserve the liberty and pros- f cratic red tape. perity our ancestors sacrificed to give MORNING-HOUR DEBATE us, we must free Americans to again The Federal Government, by at- The SPEAKER pro tempore. Pursu- earn their prosperity and significantly tempting to supply and command all ant to the order of the House of Janu- cut Federal non-defense spending to re- things, saps America’s spirit of energy ary 7, 2014, the Chair will now recog- store financial responsibility and pro- and devours the financial capital need- nize Members from lists submitted by vide the stable monetary environment ed for innovation, productivity growth, the majority and minority leaders for needed for economic growth. and jobs. morning-hour debate. If the Federal Government will be fi- America must stop kicking the can The Chair will alternate recognition nancially responsible and stop killing down the road to a day when the debt between the parties, with each party job creation, America’s economy will challenge is even more daunting. The limited to 1 hour and each Member soar because we have, within our grasp, time to act is now, while America has other than the majority and minority a massive new technology and energy sufficient economic strength to suc- leaders and the minority whip limited boom. ceed. We cannot wait until America is to 5 minutes, but in no event shall de- Mark Mills, adjunct fellow, Manhat- bankrupt and defenseless, our currency bate continue beyond 11:50 a.m. tan Institute states: is valueless, and we are overwhelmed f By 2020 or so, the United States is expected by closed businesses, lost jobs, and pov- to surpass Saudi Arabia in oil output and erty. FREE AMERICA TO PROSPER Russia in gas, according to the International Congress must use the debt limit, the Energy Association’s best estimate. The SPEAKER pro tempore. The budget, appropriation bills, and every Chair recognizes the gentleman from Dan Yergin, one of the world’s leading energy experts, estimates that the United other means available to free America Alabama (Mr. BROOKS) for 5 minutes. from the growing burden of crushing Mr. BROOKS of Alabama. Madam States turnaround in energy has generated 1.7 million new jobs . . . and that number debt and a dictatorial Federal bureauc- Speaker, in 1945, at the end of World should almost double by 2020. racy. War II, America’s Federal debt to gross domestic product ratio was 120 percent. The RAND Corporation adds: America ended Democrat President Washington responded with leadership. The pace of technological change—whether Jimmy Carter’s economic malaise with In 1946, the Federal budget was slashed through advances in information technology, one election in 1980, giving us the wild- a massive 40 percent. biotechnology, or such emerging fields as ly successful economic policies of Re- In 1947, the Federal budget was nanotechnology—will most certainly accel- publican President Ronald Regan in 25 erate in the next 10 to 15 years, with years of unparalleled prosperity. slashed by another 38 percent. The re- synergies across technologies and disciplines sult? America rose to the challenge, generating advances in research and develop- America’s choice is between eco- and America prospered. By 1980, even ment, production processes, and the nature nomic depression brought about by so- though per-capita inflation adjusted of products and services. cialist, heavy-handed, bureaucratic Big

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 23:45 Mar 12, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A12MR7.000 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2306 CONGRESSIONAL RECORD — HOUSE March 12, 2014 Brother economic policies and pros- cause of the Affordable Care Act. He is the opportunity to testify before Con- perity brought about by policies cen- homeless now; and because Congress gress about the impact the deduction tered on free enterprise, individual lib- failed to act, his unemployment insur- has had on their checkbooks and on erty, and faith in the American peo- ance has been cut. their classrooms. ple—the same economic policies and It is an emergency for Tamika, who I Mr. Speaker, I am a former Florida- freedoms that made America the great- brought as my guest to the State of the certified teacher, and I know how im- est Nation in world history. Union. She is an electrician, and she portant it is that students come to America, please choose wisely. Your knows what it means to work hard, but school prepared and ready to learn; but future and America’s depends on it. has fallen on hard times and can’t find without the basic supplies needed to f work. take part in lessons, students are put The Nevadans on unemployment in- at a disadvantage in the classroom, UNEMPLOYMENT INSURANCE IN forced to rely on outdated materials NEVADA surance that I meet are scrambling to make ends meet, and no one wants to and without essential learning tools, The SPEAKER pro tempore (Mr. live on unemployment insurance; and and too often, teachers go into their LAMALFA). The Chair recognizes the no, Mr. Speaker, they are not lazy. own pockets to make up the difference. gentleman from Nevada (Mr. Despite repeated Democratic efforts, For many educators, teaching is HORSFORD) for 5 minutes. Republicans in Congress refuse to lis- more than a full-time job. They arrive Mr. HORSFORD. Mr. Speaker, right ten and have callously rejected restor- at the school while many of us are still now, thousands of Nevadans have the ing this vital economic lifeline that getting ready for work. They stay late full-time job of looking for work. It has serves as a financial bridge for those into the evening. They prepare lesson gotten worse for many since December who are looking for work, so this dis- plans, grade papers, and deal with par- 28 of last year, when emergency unem- charge petition is an extraordinary ents and grandparents, like us, who can ployment insurance benefits for many step. admittedly be a handful when guaran- expired. But for my constituents, there is no teeing that their child is receiving the There are now over 2 million Ameri- time for politics, and there is no time best education possible. cans, Mr. Speaker, who have been cut for waiting. Action to create jobs and Teachers care deeply about their stu- off from unemployment insurance be- build an economy that works for every- dents and are often willing to sacrifice cause of Congress’ failure to act. That one must start with renewing unem- personal needs in order to provide them includes 26,023 Nevadans. These are not ployment insurance benefits for those with the best learning experience pos- numbers; these are real people. Americans who were laid off at no fault sible. According to the latest status of Every week that Congress fails to the American public school teacher re- act, it is projected that an additional of their own. It is time to extend unemployment insurance now. port by the National Education Asso- 842 Nevadans will lose their benefits ciation, educators are spending ap- each week during the first half of 2014. I encourage the Speaker, after this discharge petition is signed by Mem- proximately $477 per year on basic Nevada’s economy has lost over $54 school supplies for their students and million because Congress has stalled; bers, to bring up a vote so that we can provide this important lifeline to 2 mil- their classrooms. but I, along with many of my col- Mr. Speaker, we all want the best for lion Americans, 26,000 Nevadans, fami- leagues, have not forgotten about our our children. We work hard every day lies, and veterans who desperately need constituents. in this Congress to make sure that our this benefit. Today, Democrats will sign a dis- children have a bright future; and edu- charge petition to force Speaker BOEH- f cation, we know, is a key to this suc- NER and the House Republicans to REPAY SUPPLIES ACT OF 2013 cess, an essential component of that bring up a bill to extend unemploy- The SPEAKER pro tempore. The brighter future that we are trying to ment benefits for all Americans who create for the next generation. have lost their jobs through no fault of Chair recognizes the gentlewoman from their own. Florida (Ms. ROS-LEHTINEN) for 5 min- b 1015 These benefits are used to put food utes. But it doesn’t seem to make a whole on the table, to put gas in the car, so Ms. ROS-LEHTINEN. Mr. Speaker, lot of sense that we are hamstringing that they can go look for an interview every day, teachers across our Nation the very people we have entrusted with and to pay for rent. Extending these reach into their own pockets to pay for their education. Teachers are giving up unemployment benefits used to be bi- classroom supplies like books, soft- their own time and money to help stu- partisan. ware, and pencils, without ever being dents learn and be engaged in school. On December 14, 2002, in his weekly reimbursed by their schools; and since The least we can do is to provide them radio address, then-President George 2002, teachers could at least count on a with this modest $250 deduction to help W. Bush scolded Congress, saying, ‘‘No $250 above-the-line tax deduction to mitigate the financial and personal final bill was sent to me extending un- help defray the cost of these purchases. sacrifices that they are already mak- employment benefits for about 750,000 But at the end of last year, this tax ing. Americans whose benefits will expire deduction was allowed to expire, mean- Every 2 years since 2002, Congress has on December 28.’’ ing that teachers are not able to claim come together in a bipartisan manner He went on to say, ‘‘These Americans it on their individual returns this tax to extend this deduction on behalf of rely on their unemployment benefits to season or count on it next year, as they our country’s educators. By making pay for the mortgage or rent, food, and continue to purchase supplies for their this tax deduction permanent, Con- other critical bills. They need our as- classrooms and their students. gress can give teachers certainty that sistance in these difficult times, and The REPAY Supplies Act, introduced at least some of their purchases will be we cannot let them down.’’ by CAROL SHEA-PORTER and cospon- paid back, that it will improve access The unemployment rate in December sored by more than 50 of our colleagues to essential learning materials, and 2002 had just hit 6 percent. Congress from both parties, aims to fix this that it will give our educators the rec- then extended unemployment benefits problem and make the educator ex- ognition they deserve. by a vote of 416–4. If it was an emer- pense deduction permanent. I urge Members to join Ms. SHEA- gency then, it is an emergency now. It Ms. SHEA-PORTER and I were dis- PORTER and me in this fight, and I look is time to do the right thing and ex- appointed to learn that this modest de- forward to working with all of us to en- tend unemployment insurance benefits duction was not included in the recent sure that our Nation’s teachers and our for Americans. tax reform proposals, and we will send children have the education and the It is an emergency for my constitu- a letter in the coming days to ask that tools necessary to succeed. ents, like Alfordeen, who I met at a a hearing on the REPAY Supplies Act f local Workforce Connection center as be held as soon as possible. she searched for work. I hope that my colleagues will join us PERSONALIZE YOUR CARE ACT It is an emergency for Monty, who in signing this letter to the Ways and The SPEAKER pro tempore. The recently signed up for Medicaid be- Means Committee and give teachers Chair recognizes the gentleman from

VerDate Mar 15 2010 23:45 Mar 12, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.002 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2307 Oregon (Mr. BLUMENAUER) for 5 min- in case there is a change in health sta- I could talk to you about the human utes. tus. It would provide grants to estab- toll of this disgraceful play of putrid Mr. BLUMENAUER. Recently, the lish or expand physician orders for life- and petty partisan politics, like the 57- Reverend Billy Graham, in his latest sustaining treatment programs, re- year-old woman preparing to live in book, talked about the situation that quire that certified electronic health her car, the 34-year-old mother won- families face in the difficult cir- records display current advance direc- dering how she will pay rent and feed cumstances surrounding end of life. tives and physician orders for life-sus- the kids at the same time, and the 47- Reverend Graham said: taining treatment—what people want— year-old man who made himself a ca- Refusing to act on the practical issues that and help make sure that their wishes reer in manufacturing but lost his job confront us as we grow older or simply ignor- follow them when they cross State due to layoffs a year ago and now de- ing them often becomes a sure recipe for tur- lines. scribes himself as ‘‘in a panic.’’ moil and conflict within a family. Currently, we have over 50 bipartisan These and millions of other Ameri- Former Senate Majority Leader Bill cosponsors of this simple, common- cans, including almost 35,000 in my Frist, who was a physician long before sense approach to give American fami- home State of Missouri alone, are hard- he entered politics, said in an op-ed lies what they need and what they say working people who have played by the that appeared in one of the Capitol Hill they want. I would strongly urge my rules and found themselves out of work publications: colleagues to look at this legislation, through no fault of their own. And now In the absence of advanced care planning, to join us in cosponsoring it, and move new data shows that some 200,000 of patients are much more likely to receive in Congress and with the administra- those who have been brushed aside are medical interventions that can actually pro- tion to remedy this serious oversight. veterans. They have gone to Iraq. They long or worsen their suffering and will cer- f have gone to Afghanistan. These are tainly increase expense for their loved ones. men and women we should not throw Yesterday, I had an opportunity to THE ENFORCE ACT aside. work with the American Society of On- The SPEAKER pro tempore. The Let’s stop the harmful and fact-free cology, who gave us further evidence. Chair recognizes the gentlewoman from rhetoric that paints these fellow Amer- They have a report and recommenda- Missouri (Mrs. WAGNER) for 5 minutes. icans—our neighbors, our friends, and tions that are coming forward that I Mrs. WAGNER. Mr. Speaker, I rise our veterans—as people trying to game think ought to be commended to each today in support of the ENFORCE Act. the system, people trying to get some- and every one of us. They pointed out When crafting the timeless document thing for nothing, people who just that palliative care is not an either/or that is our Constitution, the Founding ‘‘don’t want to work.’’ Phooey. Rats. choice in terms of therapies. They Fathers emphasized the need to pre- Sheesh. Yecch. It is time for us to act. found in one study that people who re- vent the emergence of an imperial The contrary is true. Recipients of ceive both palliative care and chemo- monarch. In their wisdom, they gave unemployment insurance are a very di- therapy lived 3 months longer and Congress the power to make laws and verse group, with almost half having more comfortably than people who just tasked the President with the responsi- completed at least some college and al- got the medical intervention. bility to enforce those laws—not just most 5 million of them holding bach- Additionally, further in their study, the laws he agrees with or the laws elor’s degrees or higher. The stereo- they pointed out that it isn’t just the that are politically convenient, but types don’t work here; and when we patient; it is the people who help serve every law. stereotype, we move our constituents ill patients who receive palliative care Mr. Speaker, President Obama has to corroborate. therapy. They suffer less emotional not lived up to this responsibility. By These are people for whom the stakes stress. ICU and hospital deaths are as- picking and choosing which laws are could not be higher. These are people sociated with more psychiatric illness worthy of enforcement, this adminis- who have worked all or most of their among bereaved caregivers compared tration is undermining the very foun- lives and gotten hit—and hit hard—in with home hospice. dation of our representative democ- the recession that ominously hit in Yet, as they pointed out, the sad racy. 2008. These are people who want to truth is, for many insurance companies The ENFORCE Act seeks to restore work, spend their days trying to find and our Federal Government, that al- the balance of powers that the Framers work, and now are slowly sinking into though patients are entitled to make of our Constitution envisioned. The a financial abyss while we here in informed choices about their palliative Constitution grants Congress—not the Washington play games. care and treatment options, our Na- President—the power to make the Sometimes you just have to say tion’s health care system currently laws. Mr. Speaker, this is why I sup- enough is enough. There are times places no value on conversations that port the ENFORCE Act, to provide when we must just put politics aside can guide these decisions. Congress with the ability to push back and act on what is in the best interests It is true; Medicare will pay $100,000 against the Obama administration’s ex- of the country. on a complex surgical procedure on a ecutive overreach. It is my hope, Mr. Speaker, that this 90-year-old woman with terminal can- f Congress will act—and act quickly. cer, but it won’t pay $200 for her and f her family to understand the cir- EXTEND FEDERAL cumstances that they face, understand UNEMPLOYMENT INSURANCE REMEMBERING COLONEL GERALD what their choices are and make sure The SPEAKER pro tempore. The F. RUSSELL that their choices, whatever they are, Chair recognizes the gentleman from The SPEAKER pro tempore. The are respected. Missouri (Mr. CLEAVER) for 5 minutes. Chair recognizes the gentleman from It, frankly, is embarrassing to me Mr. CLEAVER. Mr. Speaker, some- Pennsylvania (Mr. THOMPSON) for 5 that Congress and the administration times you just have to say enough is minutes. have not been able to respond to an enough. I stand before you today in the Mr. THOMPSON of Pennsylvania. issue that is supported by 90 percent of hopes that we can come together and Mr. Speaker, the world recently lost a the American public, that will cost us understand that today is that day. great American hero and one among no money, and that will assure that pa- Enough is enough. the last remaining of the Greatest Gen- tients receive better treatment and we Federal unemployment insurance eration, Colonel Gerald F. Russell of reduce the stress on their families. must be extended—and extended quick- Centre County, Pennsylvania. Today, I That is why my friend, Congressman ly. It is time. In fact, it is past time. rise to honor the life and the legacy of PHIL ROE, himself a physician from There are now more than 2 million this brave combat veteran. One of only Tennessee, and I have introduced the Americans struggling to get some kind two surviving Iwo Jima battalion com- Personalize Your Care Act, H.R. 1173. of existence in place each day after manders, Colonel Russell passed away This would provide for voluntary ad- having this critical lifeline cut off this on Monday, February 24, 2014, at the vance care planning consultation in past December. The number climbs age of 97. It is an honor to have called Medicare and Medicaid every 5 years or each day. Gerry my friend.

VerDate Mar 15 2010 23:45 Mar 12, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.007 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2308 CONGRESSIONAL RECORD — HOUSE March 12, 2014 As one of the most decorated marines RECESS Jason is the lead pastor of Refuge in World War II and with over 28 years The SPEAKER pro tempore. Pursu- Church in Huntsville, Alabama. of military service, Colonel Russell ant to clause 12(a) of rule I, the Chair He received an undergraduate degree spent a life serving his country. And declares the House in recess until noon in communications arts from the Uni- while his military career was second to today. versity of North Alabama, an MBA none, Russell’s humanitarian and phil- Accordingly (at 10 o’clock and 30 from Liberty University, and a master anthropic work was equally remark- minutes a.m.), the House stood in re- of divinity from Rockbridge Seminary. able. Indeed, it was his commitment to cess. Pastor Jason currently serves on the service and serving others that made ALS Association Patient Care Com- him a pillar for both the Nation’s mili- f mittee, Calhoun Community College tary and his local community, which b 1200 EMS Advisory Board, and as faculty at encompasses much of central Pennsyl- Huntsville Bible College. He is also a AFTER RECESS vania and well beyond. former Crestwood Medical Center asso- A graduate of Boston College, Russell The recess having expired, the House ciate chaplain and is credentialed as a was one of the first alternates for the was called to order by the Speaker at board-certified pastoral counselor. 1940 U.S. Olympic track team in the 800 noon. Pastor Jason resides in Hazel Green, meters, a sport he loved with a passion. f Alabama, with his wife and three chil- Immediately following his comple- dren. PRAYER tion of undergraduate studies, Russell I appreciate the work he has done for began his career in uniform when he Reverend Jason Parks, Refuge our community and his passion for enlisted in the United States Marine Church, Huntsville, Alabama, offered serving the people of north Alabama. Corps. During his service, Colonel Rus- the following prayer: f sell took part and played a role in sem- Father God, thank You for the rich inal moments in the country’s history. blessings You’ve lavished on the United ANNOUNCEMENT BY THE SPEAKER As one of the youngest battalion States of America. PRO TEMPORE commanders in World War II, at the We are so unworthy of Your grace The SPEAKER pro tempore (Mr. age of 27, Russell was responsible for and Your mercy. Today, we pray for STEWART). The Chair will entertain up leading 1,000 troops during the first the men and women of the United to 15 further requests for 1-minute major offensive by Allied forces States House of Representatives. speeches from each side of the aisle. against the Empire of Japan—the Bat- Give them great wisdom, protection, f tle of Guadalcanal. Russell suffered and steadfast resolve. In their personal shrapnel wounds during the campaign lives we ask that You replace turmoil K9S FOR WARRIORS after being hit by Japanese aircraft with peace, bitterness with joy, and (Ms. ROS-LEHTINEN asked and was during landing. doubt with encouragement. given permission to address the House At the ripe age of 29, Russell landed For our country, Father, we ask that for 1 minute and to revise and extend in the third assault wave on Iwo Jima, You give us a renewed sense of grati- her remarks.) Red Beach One, and fought for all 36 tude, an unquenchable zeal for serving Ms. ROS-LEHTINEN. Mr. Speaker, I days. Again wounded during battle, those who are in need, and unity to- rise to recognize K9s for Warriors, a re- Russell went on to witness the histor- ward the common purpose of liberty. markable Florida organization that is ical raising of the American flag on Above all else, Father, we honor You providing therapeutic service dogs for Mount Suribachi. veterans suffering from issues like These are just a few of the many re- today. We humbly intercede on behalf posttraumatic stress disorder, PTSD. markable experiences of this amazing of our country and her leaders. One in five of our heroes returning individual, Mr. Speaker. In Jesus’ name, Amen. Following his retirement from the f home from Iraq and Afghanistan have PTSD, a tragic epidemic that can dis- Marine Corps, Russell went on to serve THE JOURNAL others through roles in academia and rupt the transition to civilian life and philanthropy, including as associate The SPEAKER. The Chair has exam- often causes the loss of hope, damage dean of the College of Health and Phys- ined the Journal of the last day’s pro- to family relationships, or harm to ical Education at Pennsylvania State ceedings and announces to the House themselves and others. University. his approval thereof. Since its inception, K9s for Warriors During this time and after, Russell Pursuant to clause 1, rule I, the Jour- has provided over 100 therapy dogs to was always a tireless community and nal stands approved. veterans, at no cost to the veterans, volunteer advocate. f teaching, certifying, housing, and feed- He was the founder and chairman of ing each warrior as they learn to train the local United Way Day of Caring, PLEDGE OF ALLEGIANCE the dog to address their specific dis- served as a member of the United Way The SPEAKER. Will the gentle- abilities and assist in mitigating board of directors, and played an active woman from Kansas (Ms. JENKINS) posttraumatic stress. role in the Pennsylvania Special Olym- come forward and lead the House in the K9s for Warriors is not only healing pics, the Centre Country Toys for Tots, Pledge of Allegiance. invisible disorders and putting suf- and many other programs that benefit Ms. JENKINS led the Pledge of Alle- fering veterans on the path to recov- our local community. giance as follows: ery, but it is also giving new hope to Mr. Speaker, in all of these endeav- I pledge allegiance to the Flag of the the heroes and their families who put ors, Russell inspired so many to give United States of America, and to the Repub- their lives on the line to defend ours. back and pushed his community to do lic for which it stands, one nation under God, f the same. He led a life built on service, indivisible, with liberty and justice for all. NIAGARA FALLS AIR RESERVE sacrifice, and a commitment to others. f Colonel Russell once stated that he STATION hoped that he would be remembered for WELCOMING REVEREND JASON (Mr. HIGGINS asked and was given the impact that his life had on others PARKS permission to address the House for 1 and that he made a difference. Well, The SPEAKER. Without objection, minute.) Mr. Speaker, I rise today as one more the gentleman from Alabama (Mr. Mr. HIGGINS. Mr. Speaker, the Niag- voice among the countless others BROOKS) is recognized for 1 minute. ara Falls Air Reserve Station is one of across Pennsylvania, the country, and There was no objection. western New York’s most critical re- the world to praise Colonel Russell for Mr. BROOKS of Alabama. Mr. Speak- sources. It is not only an asset to our doing just that. We thank you for your er, it is with great privilege that I wel- region’s economy, but also to our Na- unparalleled service to this Nation and come Pastor Jason Parks to the House tion’s security. Niagara Falls Air Re- our community. May you rest with of Representatives and thank him for serve Station employs over 3,500 west- God, my friend. serving as today’s guest chaplain. ern New Yorkers and has an economic

VerDate Mar 15 2010 23:45 Mar 12, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.005 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2309 impact of more than $200 million annu- otherwise paid up on their mortgages warmth, and enduring selflessness, and ally. due to this congressional inaction. I extend my thoughts and prayers to I am proud to be a part of a large I urge my colleagues to support this Master Sergeant Poirier’s family—his group of community stakeholders who legislation and to vote to extend long- wife, Kim, four children, and two are deeply invested in the successful term unemployment compensation. grandchildren. future of the Niagara Falls Air Reserve f Station. Last year, Customs and Bor- f der Protection selected the base as SEPARATION OF POLITICAL POWER their top choice for construction of a KEYSTONE XL PIPELINE new border patrol station. (Ms. FOXX asked and was given per- Mr. Speaker, I am committed to help mission to address the House for 1 (Mr. STEWART asked and was given see this proposal through, in addition minute.) permission to address the House for 1 to others that will ensure that the Ni- Ms. FOXX. Mr. Speaker, as the House minute and to revise and extend his re- agara Falls Air Reserve Station re- takes up the topic of executive over- marks.) mains a fixture in our community for reach this week, we should take a Mr. STEWART. Madam Speaker, many years to come. minute to note that this issue is insti- every day when I am talking to con- f tutional, not partisan. stituents, their top concern is always In a recent LA Times column, Jona- the economy and jobs. They are frus- RELIEF FROM THE HEALTH CARE than Turley, after acknowledging that trated—as I am—that we have some- LAW he agreed with many of the policies of thing like 3.8 million Americans who (Ms. JENKINS asked and was given the current administration, went on to have been unemployed for more than 27 permission to address the House for 1 say: weeks now. And I am consistently minute and to revise and extend her re- In our system, it is often more important asked by people: What can be done? marks.) how we do something than what we do. Pri- How can we make this better? Ms. JENKINS. Mr. Speaker, today I orities and policies and Presidents change. In addition to urging the Senate to rise to commend this Chamber for pass- Democrats will rue the day of their acquies- pass numerous pieces of jobs legisla- ing three pieces of legislation this cence to this shift of power when a future tion that have moved through the week that will offer Americans relief President negates an environmental law, or an antidiscrimination law, or tax laws. House, the President needs to approve from the President’s health care law. the Keystone XL pipeline. It has been The separation of political power These bills, which passed with bipar- more than 2,000 days since the pipeline among three equal branches was de- tisan support, reaffirm America’s com- application was submitted for ap- signed to guard against too much mitment to the ideals of religious free- proval, 2,000 days that the administra- power accumulating in the hands of dom, volunteerism, and military serv- tion has delayed something like 20,000 any one person or branch. This system ice. Unfortunately, the President’s direct jobs and 120,000 indirect jobs. It is one of the main reasons our govern- health care law has put all three of took less time to fight and win World ment has endured for nearly a quarter these in jeopardy. War II. It took much less time to build of a millennium. As written, the law would force the Empire State Building, and it has We should not cast it aside lightly. Americans with a conscientious reli- taken us much longer to do this than gious objection to buy health insurance f to build the first computer. and count volunteer firefighters, other PAYING TRIBUTE TO MASTER If we can win world wars and create emergency responders, Active military SERGEANT DAVID POIRIER an entire industry for computers, we members, and our Nation’s veterans to- can surely make a decision about the ward the employer mandate tax thresh- (Mr. CICILLINE asked and was given Keystone pipeline. Mr. President, do olds. permission to address the House for 1 the right thing. Approve the pipeline. I am a proud cosponsor of three of minute.) these bills because they all will ensure Mr. CICILLINE. Mr. Speaker, I rise the Affordable Care Act does not dis- today to pay tribute to Master Ser- f criminate against Americans on the geant David Poirier, a Rhode Islander basis of religion or sacrifice. who served in the New Hampshire Na- HAPPY BIRTHDAY, NEVADA tional Guard. f (Mr. HORSFORD asked and was On February 28, Master Sergeant given permission to address the House EXTEND LONG-TERM Poirier died in a noncombat-related infor 1 minute.) UNEMPLOYMENT COMPENSATION cident while serving in the United (Mr. CARTWRIGHT asked and was States Air Force in Qatar in support of Mr. HORSFORD. Madam Speaker, I given permission to address the House Operation Enduring Freedom. He was come to the floor today to commemo- for 1 minute.) laid to rest on March 10 with military rate my home State of Nevada’s up- Mr. CARTWRIGHT. Mr. Speaker, last honors. coming birthday on March 21, which week, the number of those cut off from Master Sergeant Poirier was from will mark 150 years since Nevada was emergency unemployment insurance North Smithfield, Rhode Island. After admitted to the Union in 1864. On that surpassed 2 million Americans—men serving in the United States Air Force, historic day, President Abraham Lin- and women who worked hard but lost he joined the Rhode Island National coln signed legislation allowing the Ne- their jobs through no fault of their Guard, where he was trained as a life vada Territory to draft its own con- own. support journeyman. In 1995, he trans- stitution and form a State government, I represent northeastern Pennsyl- ferred to the New Hampshire Air Na- making us a true ‘‘Battle Born State.’’ vania, and my district has been par- tional Guard and continued his service Throughout its history, Nevada has ticularly hard hit. In Schuylkill Coun- as a member of the 157th Operations embodied the rugged and adventurous ty, Pennsylvania, the unemployment Support Squadron for over 19 years. spirit of the West. People from all rate is 7.5 percent; in the Scranton/ Our Nation calls upon our brave men walks of life have journeyed to our Wilkes Barre area it is 7.7 percent. and women in uniform to protect our State to seek new opportunities, even- Congress could and simply should re- great democracy. There are no greater tually settling down and contributing instate the expired Federal program. heroes than the men and women who to Nevada’s rich diversity. These Americans lost their jobs due to answer this call and make the ultimate On March 21, Nevada will come to- no fault of their own. They don’t de- sacrifice to keep us safe. It is because gether to celebrate our State’s history serve to lose their homes as well. I will of their service that we are able to and achievements, but we will also be shortly be introducing legislation to enjoy the great freedoms, privileges, looking toward the future. Nevada’s implement a 6-month moratorium on and rights we have here at home. best days are yet ahead, and I look for- foreclosures for people who have lost Master Sergeant Poirier will be reward to seeing what comes next. their unemployment insurance but are membered for his friendly personality, Happy birthday, Nevada.

VerDate Mar 15 2010 23:45 Mar 12, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.009 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2310 CONGRESSIONAL RECORD — HOUSE March 12, 2014 SUPPORTING MEDICARE ADVAN- GET WASHINGTON OUT OF THE CREATING JOBS AMERICANS NEED TAGE: LET SENIORS KEEP THE WAY (Mr. OLSON asked and was given per- PLANS THEY DEPEND ON (Mr. BROOKS of Alabama asked and mission to address the House for 1 (Mr. MARCHANT asked and was was given permission to address the minute and to revise and extend his re- given permission to address the House House for 1 minute.) marks.) for 1 minute.) Mr. BROOKS of Alabama. Mr. Speak- Mr. OLSON. Mr. Speaker, far too Mr. MARCHANT. Mr. Speaker, I hear er, I rise today to ask a simple ques- many of our fellow Americans, my fel- from seniors in my district every day tion: Are we willing to accept Amer- low Texans, continue struggling in this that they are very pleased with their ica’s economy as a new normal? Is economy; 3.8 million Americans have Medicare Advantage plans but are America to accept a growth rate of been out of work for 27 weeks or more. greatly concerned about the recently only 2.4 percent every year? Are we to Americans and Texans have had announced program cuts caused by accept 3.8 million of our fellow Ameri- enough of this sluggish economy, and ObamaCare. These cuts will result in cans being stuck without jobs for 27 massive government overreach is only higher out-of-pocket costs and benefit weeks or more? making things worse. We need to rein reductions. These cuts will be espe- I say that is simply unacceptable. in Washington so our economy can cially hard hitting on the 40 percent of Americans deserve better. grow, so we can create more jobs, and Medicare Advantage enrollees who House Republicans have a plan to so more people can take home more of earn $20,000 a year or less. Some plans grow our economy and get more Ameri- their hard-earned money. are already cutting doctors that were cans back to work. We want to increase House Republicans have never lost previously available to Medicare Ad- opportunity and help Americans keep our laser focus on creating the jobs vantage beneficiaries. more of the money they earn. Step America needs. We are committed to This is only the tip of the iceberg. number one is getting Washington out real solutions to get our country back Many seniors are only now hearing of the way. If Washington will end its to work. about these cuts. The larger problem is job-killing policies, everyday Ameri- f that most of the cuts to Medicare Ad- cans will do what they have always vantage are all back loaded in done—strive and work to success and PASS COMPREHENSIVE ObamaCare—the worst is yet to come. prosperity. IMMIGRATION REFORM I call on the administration to give im- (Ms. LINDA T. SA´ NCHEZ of Cali- mediate relief to our seniors and allow f fornia asked and was given permission them to keep the Medicare Advantage to address the House for 1 minute and plans that they depend on every day. SEPARATION OF POWERS to revise and extend her remarks.) ´ f (Mr. MORAN asked and was given Ms. LINDA T. SANCHEZ of Cali- permission to address the House for 1 fornia. Mr. Speaker, I rise to speak b 1215 minute and to revise and extend his re- against the misguided, anti-immigra- marks.) tion bills being considered in the House PASS IMMIGRATION REFORM Mr. MORAN. Mr. Speaker, I, too, today. (Ms. HAHN asked and was given per- would like to address the issue of sepa- The ENFORCE Act would challenge mission to address the House for 1 ration of powers. I do think that the the executive order that halts the de- minute and to revise and extend her re- administration is entirely in the right portation of young people who are marks.) when it implements, through the Envi- studying and working to become con- Ms. HAHN. Mr. Speaker, I rise today ronmental Protection Agency, the au- tributing members of our society. This to encourage my colleagues to bring thority given to it by the Clean Water is another attack on immigrant com- real comprehensive immigration re- Act and the Clean Air Act. munities by my colleagues on the other form to this House floor. I do have some concern, though, that side of the aisle. It is proof that their This week, the House will consider the legislative branch continually actions don’t match their rhetoric. the ENFORCE Act, which would effec- seems to cede the power of the purse They want the Latino community’s tively force the deportation of our Na- granted to it by the Constitution; in support, but they refuse to allow a vote tion’s Dreamers. The Dreamers are the other words, the appropriations process on comprehensive immigration reform. young people of this country, children to the executive branch, which obvi- Instead of working to keep hard- of immigrants who were brought to ously would like to fund its spending working families together, they are this country when they were very priorities, many of which I don’t dis- punishing communities by pushing young and have grown up loving this agree with. misguided legislation. country just like you or I. What I am most concerned with in To my Republican colleagues: you Forcing the President’s hand in this regard to this separation of powers was can’t have it both ways. The facts are way is yet another way of placing poli- cited in a New York Times editorial simple. Passing comprehensive immi- tics ahead of people. The President has today, and that is the fact that two gration reform would grow our econ- granted deferred action status for so successive Presidents have now ab- omy by $1.4 trillion and reduce our def- many of these Dreamers because of the solved the Central Intelligence Agency icit by $850 billion. You can’t just say inaction of this House. for its conduct with regard to illegal you support Latinos, Asians, and other Now my Republican colleagues are detention, rendition, torture, and fruit- immigration communities. You have to trying to take away the President’s less harsh interrogation of terrorism do something about it. You have to ability to help these young Americans; suspects. I don’t care about Khalid walk the walk. young Americans such as Laura Nunez, Sheikh Mohammad’s pain, frankly, but Here is some free advice: if you don’t a Dreamer whom I met last month that is not the point. The point is that want an empty conference room when when my office helped her to obtain we have a responsibility in the legisla- you are attempting minority outreach, her deferred action status. Her family tive branch to oversee the conduct of then pass comprehensive immigration came to the United States from Mexico our Intelligence Committees. reform. when she was just 7 years old. Today, When the chairman of the Select f Laura lives in Wilmington, California, Committee on Intelligence in the Sen- and continues her education at ate says that the CIA improperly ENERGY SECURITY AND JOBS LAUSD. America is Laura’s home, and searched computers that were her com- (Mr. WOODALL asked and was given she is just one of 1.4 million Dreamers mittee staff members’ computers, that permission to address the House for 1 who need action from this House, not is wrong. The entire legislative branch minute and to revise and extend her re- more politics. should stand behind her in upholding marks.) Mr. Speaker, I call on my colleagues, our responsibilities as the legislative Mr. WOODALL. Mr. Speaker, you please, let’s do real comprehensive im- branch, an equal branch under the Con- know, back home, folks don’t think we migration reform now. stitution. find areas of agreement. I have only

VerDate Mar 15 2010 23:45 Mar 12, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.010 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2311 been on the floor for about 20 minutes only by a Member designated in the report, Both of the underlying bills, the EN- this morning, and I have already found shall be considered as read, shall be debat- FORCE the Law Act and the Faithful areas of agreement with my colleague able for the time specified in the report Execution of the Law Act, aim to halt from California. You can’t just walk equally divided and controlled by the pro- an increasingly Imperial Presidency. ponent and an opponent, shall not be subject The Faithful Execution of the Law the walk and talk the talk. You have to amendment, and shall not be subject to a got to get in here and make things hap- demand for division of the question in the Act is straightforward legislation that pen. House or in the Committee of the Whole. All expands reporting requirements, forc- We have an opportunity today as we points of order against such amendments are ing increased disclosure and trans- talk about jobs, as we talk about en- waived. At the conclusion of consideration of parency when the executive branch em- ergy security in Ukraine, we have an the bill for amendment the Committee shall ploys a policy of nonenforcement of opportunity today to move forward on rise and report the bill to the House with Federal laws. the Keystone pipeline, which has lan- such amendments as may have been adopted. Current law dictates that a report Any Member may demand a separate vote in must be submitted to Congress when guished for more than 2,000 days. The the House on any amendment adopted in the President cannot say he is interested the nonenforcement policy is adopted Committee of the Whole to the bill or to the on the grounds that a Federal law is in energy security and then thwart amendment in the nature of a substitute those very proposals that would pro- made in order as original text. The previous unconstitutional. This bill would sim- vide it. The President cannot commit question shall be considered as ordered on ply expand that report to include any to energy security for our friends over- the bill and amendments thereto to final instance in which a policy of not en- seas, and then thwart those efforts that passage without intervening motion except forcing Federal law is established, re- would provide it. one motion to recommit with or without in- gardless of the reason. For the self-pro- structions. Mr. Speaker, we are blessed in this claimed ‘‘most transparent administra- SEC. 2. Upon adoption of this resolution it tion in history,’’ this really shouldn’t country, blessed by the Lord God Al- shall be in order to consider in the House the mighty with more energy resources be a problem. bill (H.R. 3973) to amend section 530D of title The other piece of underlying legisla- than any other nation on the planet, 28, United States Code. All points of order tion, the ENFORCE the Law Act, puts and yet the President is standing be- against consideration of the bill are waived. procedures in place to allow authoriza- tween the American people and those An amendment in the nature of a substitute tions of lawsuits against the President resources. consisting of the text of Rules Committee for failure to faithfully execute the It is about national security, Mr. Print 113-42 shall be considered as adopted. The bill, as amended, shall be considered as laws. It would also expedite judicial re- Speaker, and yes, it is about jobs. read. All points of order against provisions view, which is badly needed given the f in the bill, as amended, are waived. The pre- length of time it takes for these types vious question shall be considered as ordered of cases to be heard; mostly, they are PROVIDING FOR CONSIDERATION on the bill, as amended, and on any further OF H.R. 4138, EXECUTIVE NEEDS never heard. amendment thereto, to final passage without The fact of the matter is that we des- TO FAITHFULLY OBSERVE AND intervening motion except: (1) one hour of RESPECT CONGRESSIONAL EN- debate equally divided and controlled by the perately need a way to ensure the exec- ACTMENTS OF THE LAW ACT OF chair and ranking minority member of the utive branch is upholding its responsi- 2014, AND PROVIDING FOR CON- Committee on the Judiciary; (2) the further bility to enforce the law faithfully. SIDERATION OF H.R. 3973, FAITH- amendment printed in part B of the report of Every day it seems the President is FUL EXECUTION OF THE LAW the Committee on Rules accompanying this using more and more unilateral actions resolution, if offered by Representative Elli- ACT OF 2014 to achieve his agenda. I understand son of Minnesota or his designee, which shall that Congress and the administration Mr. NUGENT. Mr. Speaker, by direc- be in order without intervention of any point are going to have differences over time. tion of the Committee on Rules, I call of order, shall be considered as read, shall be Our Constitution basically guarantees separately debatable for 10 minutes equally up House Resolution 511 and ask for its there are going to be differences be- immediate consideration. divided and controlled by the proponent and an opponent, and shall not be subject to a de- tween the administration and the The Clerk read the resolution, as fol- mand for division of the question; and (3) one House and the Senate, but I would like lows: motion to recommit with or without instruc- to think that a President wouldn’t just H. RES. 511 tions. abandon our constitutional principles Resolved, That at any time after adoption The SPEAKER pro tempore (Mr. of governing because it is difficult to of this resolution the Speaker may, pursuant STEWART). The gentleman from Florida get what he wants. to clause 2(b) of rule XVIII, declare the is recognized for 1 hour. I am sure some will argue that a leg- House resolved into the Committee of the Mr. NUGENT. Mr. Speaker, for the islative fix to the President’s unilat- Whole House on the state of the Union for eral actions aren’t needed. They will consideration of the bill (H.R. 4138) to pro- purpose of debate only, I yield the customary 30 minutes to the gentleman say the President has prosecutorial dis- tect the separation of powers in the Con- cretion and so that entitles him to stitution of the United States by ensuring from Massachusetts (Mr. MCGOVERN), that the President takes care that the laws pending which I yield myself such time make these changes in enforcement or be faithfully executed, and for other pur- as I may consume. During consider- delay certain provisions of the law. poses. The first reading of the bill shall be ation of this resolution, all time yield- b 1230 dispensed with. All points of order against ed is for the purpose of debate only. consideration of the bill are waived. General But we are really not talking about debate shall be confined to the bill and shall GENERAL LEAVE individual cases, Mr. Speaker. We are not exceed one hour equally divided and con- Mr. NUGENT. Mr. Speaker, I ask not here today because we are controlled by the chair and ranking minority unanimous consent that all Members cerned with the administration using member of the Committee on the Judiciary. have 5 legislative days to revise and ex- discretion on a case-by-case basis. After general debate the bill shall be consid- tend their remarks. What we are concerned with is the ered for amendment under the five-minute The SPEAKER pro tempore. Is there President employing blanket policies rule. It shall be in order to consider as an objection to the request of the gen- original bill for the purpose of amendment of nonenforcement. In some instances, under the five-minute rule an amendment in tleman from Florida? the President isn’t just ignoring en- the nature of a substitute consisting of the There was no objection. forcement of the laws; he is effectively text of Rules Committee Print 113-43. That Mr. NUGENT. Mr. Speaker, I rise rewriting them. amendment in the nature of a substitute today in support of the rule, H. Res. Now, I understand the President isn’t shall be considered as read. All points of 511, which provides for a structured the first to expand executive power order against that amendment in the nature rule as relates to H.R. 4138, ENFORCE under his watch. He is not the first of a substitute are waived. No amendment to the Law Act, and H.R. 3973, the Faith- President to do that. In fact, Congress that amendment in the nature of a sub- ful Execution of the Law Act. The rule has failed to protect article I powers stitute shall be in order except those printed in part A of the report of the Committee on gives the House an opportunity to de- for decades. This House and the Senate Rules accompanying this resolution. Each bate a variety of amendments, all of- have been in dereliction because they such amendment may be offered only in the fered by Members from the other side haven’t actually protected article I order printed in the report, may be offered of the aisle. powers.

VerDate Mar 15 2010 01:51 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.012 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2312 CONGRESSIONAL RECORD — HOUSE March 12, 2014 The pace of expansion of power, such a way that they are purely polit- Their answer is go ask daddy for a though, should alarm every Member of ical. loan or go sell some stocks, that will this body. Take the President’s recess This is not about serious legislating, take care of it. They have no idea what appointments, for example. They have this is about political statements, this people in this country are going already been deemed unconstitutional is about political press releases, and I through; they have no idea how hard it by the D.C. circuit court in a unani- think the American people, quite is to struggle in poverty. mous—unanimous—decision. frankly, have had enough. Somehow, they find the time to take The court rejected the administra- The Congressional Research Service 51 votes to repeal the Affordable Care tion’s argument that the President has says that it costs $24 million a week to Act, 51 votes. Now, I get it, you don’t the discretion to determine when the run this place. I am going to tell you like it, so you vote to repeal it once; Senate is in recess. that what we are doing right now is you can vote to repeal it twice, maybe The court explained: wasting taxpayers’ dollars. five times, okay. But 51 times that we Allowing the President to define the scope With all that needs to be done—with have wasted the taxpayers’ money de- of his own appointments power would evis- all that needs to be done, this is an- bating a repeal of the Affordable Care cerate the Constitution’s separation of pow- other politically motivated week of Act, it is ludicrous. It is unreal. People ers. let’s go after the President. That is the don’t understand this behavior outside Mr. Speaker, the President’s actions way it has been since this President of the beltway. aren’t in danger of disrupting the legis- has been elected, and I think people are Mr. Speaker, they also, quite frank- lative process; they already are dis- getting tired of it. ly, find time to waste millions of tax rupting it. Week after week, month after month, dollars defending an antigay marriage What assurances do we have that the and year after year now, this Repub- law that is plainly discriminatory. President won’t just change the law lican majority continues to bring bills That is okay for them to use taxpayer once we have passed it? What guaran- to the floor that have no chance of dollars to do that to stop any kind of tees do we have that the President passing the Senate and have no chance reversal of this discriminatory law. won’t suspend parts of the law that we of being signed into law that are just, Today’s entry in the sweepstakes of believe are important? again, political press releases. useless legislation is the so-called Im- What is worse, the bills that are The truth is, Mr. Speaker, we don’t perial Presidency of Barack Obama. being brought forward do nothing—ab- have that assurance. The truth is, Mr. Never mind the fact that President solutely nothing—to help rebuild our Speaker, we can’t trust the President Obama is using the same kinds of exec- economy or put people back to work. to enforce any would-be law equally utive authority that President Bush My friend, the gentleman from Florida, and faithfully, and that is a shame. and others before him used. talks about our responsibility as Mem- If anyone thinks the President’s uni- Let me repeat that. President Obama bers of Congress. lateral actions aren’t a big deal be- is using the same kind of executive au- Well, our responsibility as Members thority that President Bush and other cause they happen to agree with him of Congress is to help people, is to leg- on the policy, well then, Mr. Speaker, presidents before him have used. islate, is to deliberate, is to debate se- Never mind the fact that the people they have badly missed the point. rious issues passionately. That is what supporting this legislation were more All Presidents—all Presidents—have we are here to do, not this. This be- than happy to let George W. Bush and probably pushed the limit of their longs in the Republican National Com- Dick Cheney ignore and contravene power, and it is our responsibility, this mittee. This is a press conference that Congress at every single opportunity. House, to check that power. We are a my friend should have outside of this In fact, they defended what I think is nation of laws. We ought to fight to great building, quite frankly. some really questionable behavior of keep it that way. We can no longer sit Mr. Speaker, this economy is slowly the Bush/Cheney team, and never mind by and watch Congress’ constitutional recovering, but Republicans insist on the fact that the last people on Earth role in our government eroded. doing nothing to actually strengthen who should be complaining about impe- This rule is to allow us to consider that recovery. They refuse to consider rialism continue to vote for closed legislative addressing this growing any meaningful jobs legislation. We rules, continue to ignore regular order, problem. This rule ensures that ideas should have a highway bill to put mil- and continue to shut Democrats out from Members on either side of the lions of people back to work. from the legislative process. aisle are included in consideration of Putting millions of people back to By the way, one of the bills that we the underlying legislation. work with the increased revenue and are debating today was introduced the I support this rule, and I hope all my taxes, you could actually pay down the day before it was marked had no hear- colleagues will also. deficit and the debt, but they don’t ings—so much for the promise that With that, I reserve the balance of bring anything like that to the floor. Speaker BOEHNER made that we are my time. They block every attempt to increase going to go back to regular order—no Mr. MCGOVERN. Mr. Speaker, I want wages for workers. hearings, introduced the day before, to thank the gentleman from Florida We need to raise the minimum wage then going right to America. (Mr. NUGENT), my good friend, for in this country. It is unacceptably low. Let’s be honest, even if President yielding me the customary 30 minutes, People who work full-time ought not to Obama did everything in the world and I yield myself such time as I may live in poverty; yet we can’t even get a that the Republicans say they are ask- consume. minimum wage bill scheduled on the ing him to do, they would still find a (Mr. MCGOVERN asked and was floor of the people’s House. They won’t reason to complain. My friends on the given permission to revise and extend even talk about it. We can’t get them other side of the aisle, you guys just his remarks.) to even allow us to have an amendment don’t like the President; I get it. Mr. MCGOVERN. Mr. Speaker, some- on the minimum wage. But do you know what? Get over it how, against all odds, the Republican They continue to ignore the plight of because, at this point in time, our job leadership of this House keeps coming the long-term unemployed in this is to work with the Senate and with up with new and creative ways to waste country. Over 1.7 million Americans the President to move this country for- everybody’s time. This is getting to be are unemployed. These are people who ward; instead, my Republican friends embarrassing, quite frankly. are looking for jobs and still can’t find have spent every single second since Last night in the Rules Committee, I them. The answer to them from this this President was elected trying to ob- joked that I picked the short straw, so Republican Congress is you are on your struct every single initiative that he I am handling the rule today. The rea- own. has put forward. Even when he puts son why I said that is because what we I wonder sometimes whether any of forward initiatives that they originally are doing today really is a joke. my colleagues on the other side of the proposed, they complain. This is not serious legislating. Even aisle have ever met somebody who is The bills that the Republicans bring if there was some substance to the con- unemployed or have talked to anybody before us today are likely unconstitu- cerns the gentleman raised, the bills who have lost their long-term unem- tional, violate the separation of pow- that have been written are written in ployment benefits. ers, would result in scores and scores of

VerDate Mar 15 2010 01:51 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.014 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2313 frivolous lawsuits, and would be costly is okay or when it is necessary, not to No, Mr. President. You cannot write and impractical to apply. just skip over article I and say: Do you laws via executive orders. No. You They don’t deserve to be on this know what? Forget about it because must enforce the laws passed by Con- floor, and they certainly do not deserve our Congresses have done that. gress or actually lead in an effort to to pass. When you read the way they My good friend from Massachusetts change the laws with which you may were drafted, as I said before, they are pointed that out. They have done it for disagree. written in a very political partisan 30 years, but that doesn’t make it In 1787, when asked what form of gov- way. right. At some point in time, we have ernment the Framers had given us, Ben Mr. Speaker, I consider myself an in- got to set the record straight. Franklin reportedly replied, ‘‘A Repub- stitutionalist. I love the House of Rep- Somebody has got to step up and say: lic if you can keep it.’’ resentatives. I am proud to serve here. Do you know what? The Constitution Mr. Speaker, I am afraid we are slow- It is a privilege to serve here. Our matters, what we do here matters, and ly losing grip on our Republic—the Founders created the Congress as a co- that all of us—the three branches of government designed by this Nation’s equal branch of government, and this government—need to work, and they Founding Fathers that has provided institution should never be overlooked are coequal, not one above the other. over 200 years of freedom and pros- or sidestepped. Mr. Speaker, I yield 2 minutes to the perity. There is a strong argument to be gentleman from South Carolina (Mr. It is time for the people’s House to made that, over the past 30 years, Con- DUNCAN). regain its constitutional authority as gress has allowed itself to become so Mr. DUNCAN of South Carolina. Mr. the sole legislative body. bogged down in gridlock that it has al- Speaker, I rise in support of the rule, Mr. MCGOVERN. Mr. Speaker, I yield lowed executive power to grow far too as well as the underlying bills. myself such time as I may consume. large. That is a worthy debate for us to Mr. Speaker, the instances of execu- I would urge my colleagues to re- have. tive branch overreach are numerous. member the words ‘‘physician heal thy- Now, that being said, the executive Whether it is the multiple episodes of self.’’ While my friends are com- branch has the authority to make cer- the President of the United States uni- plaining about the President of the tain regulations and take certain exec- laterally delaying and waiving aspects United States, they should kind of look utive actions, and this President—any of his signature law, the Affordable inward and look at the imperial Repub- President—has a responsibility to lead Care Act, or the failure to enforce this lican majority that has kind of taken when Congress can’t get its act to- Nation’s immigration laws by unilater- over here in this House of Representa- gether and do its job. ally implementing aspects of the tives. We are elected to legislate, but time DREAM Act, this President has shown We had the chairman of the Over- after time, instead of tackling issues an appalling lack of concern for the sight Committee literally stop a mem- like immigration reform, climate laws which his oath demands that he ber of the Democratic Party from en- change, jobs, the minimum wage, enforce. gaging in legitimate and appropriate bringing our troops home safely from Someone who holds the office of the debate. In fact, he shut off the micro- Afghanistan, feeding our hungry—we Presidency cannot pick and choose phone and ended the hearing. I mean, is have 50 million people in the richest which laws he wants to enforce and that what our Founding Fathers had country in the history of the world which laws he wants to ignore. envisioned for this Congress? Is that I was astonished when, during the that are hungry; we all should be what upholding the Constitution is all State of the Union speech, many in ashamed of that—but instead of deal- about? this Chamber stood and applauded ing with that or issues like ending pov- As someone who serves on the Rules when the President said that if Con- erty or rebuilding our infrastructure or Committee and who welcomed the gress didn’t act on issues which he felt helping the long-term unemployed, this statement by Speaker BOEHNER that we were important, he would just go Republican majority chooses instead to would return to regular order, I am around Congress and act on his own. still looking for it. We just saw the bring up partisan messaging bills that This followed his now infamous ‘‘I’ve most closed session in the history of will justifiably die. got a pen and I’ve got a phone’’ state- this Congress last year. We had the Mr. Speaker, the American people de- ment earlier. serve so much better than this. We are most closed rules in a single year, the wasting time; we are wasting taxpayer b 1245 most closed rules in a single week, the dollars doing this kind of stuff. They Is that really how the legislative most closed rules in a single day. I deserve a Congress that tries to im- branch should feel about its constitu- mean, the Rules Committee I love to prove the lives of every American, in- tional position in the Republic? serve on because of the great history. stead of placating an extreme right The ‘‘pen and phone’’ approach to his My former boss Joe Moakley was the wing. executive duties is disastrous to the chairman of the Rules Committee. I They deserve a Congress that actu- Founding Fathers’ vision of liberty have great admiration for my col- ally does its job. I will say to my protected by limited government which leagues on the Rules Committee, but friends: this is not doing our job. The is spread across multiple, equal the Rules Committee is becoming the bills before us today go exactly in the branches. place where democracy goes to die. Se- opposite direction of what we should be Where is the President’s respect for rious issues are routinely cut out. doing. the rule of law? He expects Vladimir We had a Republican Member yester- I urge my colleagues to defeat this Putin to respect international law with day, Mr. GIBSON of New York, who had rule and defeat the underlying legisla- respect to Ukraine while the President, a great idea about trying to hold the tion, and I reserve the balance of my himself, at the same time, continues to Executive accountable when it comes time. disregard the laws passed by the United to the War Powers Act. It is an impor- The SPEAKER pro tempore. Mem- States Congress. tant issue. That is actually a legiti- bers are reminded to address their re- The legislative branch was designed mate issue for us to discuss. It was per- marks to the Chair. as an equal branch of government. In fectly germane. On a party line vote, Mr. NUGENT. Mr. Speaker, I yield fact, the establishment of the execu- the Rules Committee voted that down. myself such time as I may consume. tive branch was easy for the Founding They said we won’t have that debate I need to go back to when I first took Fathers, who didn’t wish to see impe- here on the House floor. the oath of office as a police officer rialism in a Presidency, and they in- The way this place is supposed to op- outside of Chicago and then as a dep- tentionally chose to limit that erate is that all of us—all 435 of us— uty sheriff in Florida and then a sheriff branch’s powers. It was the legislative whether we are Republicans or Demo- in Florida and then here in this body branch where they spent most of their crats, ought to be considered impor- and also when I joined the military. time—deliberating, designing, and enu- tant, and we all represent the same It was to support and defend the Con- merating the powers which we hold— number of constituents. I understand stitution, not to ignore the Constitu- and it is past time for this body to say that the party in control gets to kind tion, not to utilize it when we think it ‘‘no’’ to Presidential overreach. of control the agenda, but that doesn’t

VerDate Mar 15 2010 01:51 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.015 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2314 CONGRESSIONAL RECORD — HOUSE March 12, 2014 mean the party not in control gets shut I appreciate my friend and colleague bring up a legitimate focus where, I out on a regular basis on very impor- from South Carolina, TREY GOWDY, for think, the Executive over the years has tant issues. Yet that has become the bringing forth this very important leg- kind of abused its powers—and that is pattern here. Not only that, but we islation. on the War Powers Act—he brought a have seen more and more instances We are here today to answer one germane amendment to the floor, and where committees of jurisdiction are question, Mr. Speaker: Will we stand that was ruled out of order—we will not even relevant anymore—where bills idly by while an imperial President ig- deal with it another time—the trans- are introduced the day before there is a nores the rule of law and unravels the lation of which means in this imperial markup, where there are no hearings. separation of powers so carefully Congress that it will never see the Sometimes we have bills that just mys- woven into our Constitution? light of day. teriously appear in the Rules Com- The answer is ‘‘no.’’ This House is being run in the most mittee. Probably, more than anything else, imperial way, where anybody who has My colleagues know that I have great my constituents ask me: What are we a different view is routinely shut out difficulty with their approach to deal- doing to address the pattern of execu- from debate, with more closed rules ing with the SNAP program, formerly tive overreaches and disregard for the than any Congress in history. I think it known as ‘‘food stamps.’’ They pro- law by President Obama and his adminis probably more avoiding regular posed a $40 billion cut on the poorest of istration? order—never mind the closed rules— the poor to pay for subsidies for rich Good, God-fearing Americans who than any Congress in history. That is agribusinesses. I thought it was a bad work hard, who pay their taxes, and one of the reasons some of the stuff we thing to do. I am also on the Agri- who obey the law are understandably bring to the floor here is so conten- culture Committee. That bill never frustrated by a President who acts as tious. It is because it is written in such even went to the Agriculture Com- though he is above the law. The abuses a flawed way. mittee. We never had a hearing on it. are well documented: selective enforce- I think it is a legitimate topic of dis- We never had a markup on it. It mys- ment of immigration laws, waiving cussion to talk about the appropriate teriously appeared in the Rules Com- compliance for ‘‘welfare to work’’ laws powers of the Executive and the appro- mittee, and then it came to the floor. and what has become almost weekly priate powers of the legislature, but to This is the way this place is being attempts to delay, waive, or to just not do that, I think, in a serious way run. So, when you talk about ‘‘impe- enforce parts of ObamaCare because of means doing it in a bipartisan way, and rial’’ anything, look in the mirror. We the political implications. These are there are ways for both Republicans need to change the way we do business just to name a few. and Democrats to come together. here. This place would operate a lot Mr. Speaker, our constitutional con- Again, this has never been about a seri- better if you would let the people’s straints on government may not be ous attempt to deal with that issue. I House work its will. If you brought the convenient for the President or for his mean this was one of their political Senate-passed immigration reform bill political or policy goals, but they are talking points at their convention, at to this floor, it would pass, but it is necessary for preserving the checks their retreat, that my friends had. This being blocked because a small group and balances that ensure this govern- is not a serious attempt at anything. within the Republican caucus doesn’t ment still derives its authority from This is a political press release. We want to deal with the issue of immigra- the people and not the other way taxpayers spend $24 million a week to tion reform. Important issues are rou- around. keep this place in session here, and this tinely being denied consideration on We now seek the intervention of the is how my friends use the taxpayers’ this floor. This is a place where trivial judicial branch to rein in the executive money—to deal with these kinds of issues get debated passionately and branch and reconstitute our proper sep- things? where important ones not at all, and aration of powers. I believe in our Con- The gentlelady from Alabama talked people are getting fed up with it. about her constituents all talking This politically motivated piece of stitution, and I believe it is worth legislation is politically motivated be- fighting for. That is why I urge my col- about this issue. Boy, I have got to tell leagues to support the ENFORCE the you that, where I am from, what people cause of Minority Leader CANTOR’s memo to, I guess, Republicans after Law Act and the rule and to join the talk about is: When are you going to their retreat. They talked about hav- fight to restore the checks and bal- pass a highway bill? They want to ing an Imperial Presidency week to ances. know when we are going to deal with kind of embarrass the President. I Mr. MCGOVERN. Mr. Speaker, I yield the issue of jobs. My constituents and guess that is what they call serious myself such time as I may consume. the people I meet all over the country legislating, but this really is a joke. I It is funny. Again, I love that this all want to know what we are going to do urge my colleagues to vote all of this of a sudden has become an issue for my about raising the minimum wage. How stuff down. colleagues. are we going to deal with a pay equity With that, I reserve the balance of There is a Washington Post article bill so that women don’t get discrimi- my time. from July 24, 2006. Let me read the first nated against and get paid less than The SPEAKER pro tempore. All couple of paragraphs: men do for doing the same job? They Members are reminded to address their A panel of legal scholars and lawyers as- talk about global warming, which is remarks to the Chair. sembled by the American Bar Association is like the worst thing you could talk Mr. NUGENT. Mr. Speaker, all I can sharply criticizing the use of ‘‘signing state- about here because my friends don’t tell you is that I don’t take it as a joke ments’’ by President Bush that assert his even admit that it exists. They want to in our defending and protecting the right to ignore or not enforce laws passed by know what we are going to do to pro- Constitution, which gives us the abil- Congress. tect our planet and what we are going In a report to be issued today, the ABA ity to serve here today. The people task force said that Bush has lodged more to do to help the long-term unem- gave us the ability to be here based challenges to provisions of laws than all pre- ployed. upon what the Constitution laid out for vious Presidents combined. Those are real issues. Those are us. That is the plan. The panel members described the develop- about helping people. This is politics, Mr. Speaker, I yield 2 minutes to the ment as a serious threat to the Constitu- and I think people have had enough of gentlewoman from Alabama (Mrs. tion’s system of checks and balances, and it. So I would urge my colleagues on ROBY). they urged Congress to pass legislation per- both sides of the aisle to say ‘‘no’’ to Mrs. ROBY. I thank the gentleman mitting court review of such statements. this stuff. for yielding. I can go on and on and on. The point I reserve the balance of my time. Mr. Speaker, I rise today on behalf of is ‘‘silence’’ on the other side during all Mr. NUGENT. Mr. Speaker, I yield the people of Alabama’s Second Con- of that time. Then they said: Well, now myself such time as I may consume. gressional District to lend my support we have got religion on this issue, and I just want to make a couple of to H.R. 4138, the ENFORCE the Law we want to hold everybody account- things clear. Act and, of course, to the rule that is able. Yet, when Mr. GIBSON had his In the Judiciary Committee, they did being debated here today. amendment yesterday to actually have two hearings on this. Now, they

VerDate Mar 15 2010 01:51 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.016 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2315 took some action to bring forward one just about some kind of political ma- The fact that we have nearly 2 mil- of these bills based upon the hearings neuvering. This is not about a political lion people in this country who are cut and the testimony that they did have. maneuvering. That is about the protec- off from unemployment benefits, what I truly believe in the open process. tion of our Constitution. These things does anybody say to them when you We want to see that, and I think we have been enshrined for us. meet people who come up and say that agree on that. My good friend from It is critical that we look at this. The they are looking for a job and they Massachusetts even read an article Executive cannot make exceptions and can’t find one? Maybe my friends don’t about George W. Bush and about that just enforce the law as he or she wants. talk to those people. Presidency and that someone said that That is not who we are as a people. We I will tell you it is heartbreaking this Congress—or that Congress back left monarchs and tyrants to come that this Congress, the people’s Con- then—should actually do something to here. gress that is supposed to represent allow it to go to court. I believe that This is a government by the people, them too, has turned their backs on was the statement. I am paraphrasing for the people, and of the people. If we them. What do you say to people who it. That is exactly what this does. I ever forget that is what our job is as get cut off of their food benefits, who can’t help it. I wasn’t here when Members of the House of Representa- see their food benefit getting slashed, George W. Bush was President—I tives, then what are we doing here? who end up at food banks trying to wasn’t here 4 years ago—but I am here I would just ask my colleagues on the make ends meet to put food on the today, and I am here to defend and sup- other side to please take a look at this. table for their families. port this Constitution. This is very chilling. You may like We sit here and debate this, a par- With that, Mr. Speaker, I yield 3 where the President is taking us, I may tisan bill, and we don’t do anything minutes to the gentleman from Penn- not like where the President is taking about that? sylvania (Mr. KELLY), a good friend of us, but there is a process that we all Or, increasing the minimum wage—if mine. must follow. This is statute that is you want to help people get off of food Mr. KELLY of Pennsylvania. I thank being trampled upon by an Executive stamps, increase the minimum wage. the gentleman. that has an overreach that we have Millions of people would automatically Mr. Speaker, this is very clear, the never seen before. get off of public assistance. We can’t purpose of today’s debate. The Take Can we not please return to those even get a vote on that. We are not Care Clause is to faithfully execute days and why those folks came here. even allowed to bring that to floor. laws that are passed. This is about What were they seeking? Freedom and People are asking me, When are you standing statute. In fact, this is the liberty. What have we allowed those going to pass comprehensive immigra- centerpiece of the President’s whole people to do? Turn their back and turn tion reform? The Senate passed it in a Presidency. He is choosing what will be away from it and turn away from a bipartisan way. Why can’t you bring it enforced and what will not be enforced. Constitution that over a million people on the floor of the House? The answer The Take Care Clause, known as the have given their lives to make sure is because the imperial Republican ma- ‘‘Faithful Execution Clause,’’ was actu- that we could have this today. jority in this House has declared that ally derived from Pennsylvania’s 1776 So, Mr. Speaker, I would hope that no, we are not going to even talk about constitution, crafted by Pennsylvania’s some sense of responsibility, and not it, and the Rules Committee, again, State executives during the Revolu- politics, comes into this House. has been used as a place to shut off de- tionary War. Mr. MCGOVERN. I yield myself such mocracy and to not have these kinds of I want you to just let your mind drift time as I may consume. important issues brought to the floor. back to when people left Europe to Mr. Speaker, just to make sure the So here we are debating a partisan come to America. They got in rickety, record is correct, what I am under- bill that is purely partisan. You old, wooden boats with not very good standing from staff is that while there couldn’t write it more partisan if my nav systems, but they came here for a were some hearings on the subject, one friends tried. Here we are debating this reason. They set their course true of the bills had no hearings. So, again, kind of bill while so many other things north. They were coming to get away under regular order I think it would be need to be addressed. This is a waste of from a monarchy. They were coming to important that the actual bill have a time. It is a waste of taxpayer dollars. get away from an imperialist. They hearing. It diminishes this institution. were coming to get away from tyrants. The other thing, my colleague from We are better than this. We should be Why did they come here, and what did Florida said that he would like a more talking about putting people back to they craft? It is so carefully laid out in open process. Let me make a sugges- work. We should be talking about help- our Constitution. So why are we having tion: then vote for one. Because con- ing to improve this economy at a more this debate about this being silliness? sistently in the Rules Committee, my rapid pace. We should be talking about This is who we are, not as Republicans colleagues on the other side of the aisle making sure that no one falls through and Democrats, but who we are as routinely vote for closed rules. They the cracks; that we extend unemploy- Americans. Why would we turn our routinely vote against allowing amendment insurance benefits to people who backs on our Constitution? ments, including germane amend- need it. b 1300 ments, to be made in order, including We should be talking about those I understand the Executive Office has what I think would be an amendment issues. We should be talking about great power. I also understand that the that has bipartisan support, the one by global warming. Instead, we are doing Constitution harnesses that. It does Mr. GIBSON on the War Powers Act that this. Again, written in a very partisan not allow it to run roughshod over the could have brought us together. That is way, which I regret very much. people. a legitimate subject. Again, I urge my colleagues to reject Mr. DUNCAN very clearly talked The reason why this legislation be- this and reject the rule. about the State of the Union, when the fore us is such a waste of time is be- I reserve the balance of my time. President says to this body: cause it does not reflect deliberative Mr. NUGENT. Mr. Speaker, I yield America cannot stand still, and neither process. It does not reflect any kind of myself such time as I may consume. will I. So whenever and whatever steps I can bipartisan cooperation. It is a political All I can say, again, is that as it re- take with that legislation, that is what I am press release. It is a waste of tax- lates to these bills, there was discus- going to do. payers’ money. sion in the hearings and testimony That is chilling. People gave him a I will say to the gentleman from taken to the concept and the ideas be- standing ovation—and not just a stand- Pennsylvania, I, too, took a pledge to hind these bills. ing ovation, but from the House of Rep- uphold and defend the Constitution, Mr. Speaker, we hear about, this is resentatives, where that very power is and part of that pledge is to make sure partisan. It doesn’t say ‘‘President being taken from. That is our responsi- that I represent all of the people, not Barack Obama.’’ This says ‘‘the Presi- bility. That is our duty. just some of the people, not just those dent.’’ It doesn’t matter if it is Repub- You cannot take that pledge and who give big contributions to political lican or Democrat, Mr. Speaker. It says then turn around and say, Well, this is parties, but all of the people. ‘‘the President.’’ It has nothing to do

VerDate Mar 15 2010 01:51 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.017 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2316 CONGRESSIONAL RECORD — HOUSE March 12, 2014 specifically with President Obama, but Mr. MCGOVERN. Mr. Speaker, I yield mon ground on this issue amongst it has everything to do with protecting myself the balance of my time. Democrats and Republicans. I think the Constitution. Mr. Speaker, I am urging my col- there are a lot of Republicans who are Mr. Speaker, I reserve the balance of leagues to defeat the previous question. just as sick of this endless war and this my time. If we defeat the previous question, I over-the-top, unaccounted for spending Mr. MCGOVERN. Mr. Speaker, I yield will offer an amendment to the rule to in these wars as Democrats are. myself such time as I may consume. bring up H.R. 4209, Mr. JOHN TIERNEY’s So I think this is a sensible offset, The gentleman says that this has bill that contains the historic bipar- and I would urge my colleagues to sup- nothing to do with President Obama. tisan, bicameral agreement on a per- port our initiative. The committee report only cites Presi- manent fix to the sustainable growth I urge my colleagues to vote ‘‘no’’ dent Obama, in terms of this issue, and rate of Medicare, which will ensure and to defeat the previous question, their political document, the memo- fairness to doctors and strengthen and vote ‘‘no’’ on the underlying bills randum that came from ERIC CANTOR Medicare. for all the reasons I said before. We to the House Republicans, talks about My colleagues on both sides of the should be using the taxpayer dollars to the Imperial Presidency, and says aisle have heard from the medical com- do things to help people on this House President Obama has provided new munity on this issue. My Republican floor, not to advance political agendas. clarity of what constitutes an Imperial friends, unfortunately, have proposed a With that, I yield back the balance of Presidency. President Obama, Presi- ‘‘poison pill’’ amendment that would my time. dent Obama, and on and on. kill this bipartisan agreement with an Mr. NUGENT. Mr. Speaker, I yield It just defies logic for anybody to offset attacking the Affordable Care myself such time as I may consume. I think for one second that this isn’t Act. agree with much of what my colleague about trying to attack this President Mr. TIERNEY’s bill instead includes a from Massachusetts said, particularly of the United States, because what we commonsense pay-for that finances the as it relates to our involvement in Af- have seen time and time again from bipartisan doc fix by putting limits on ghanistan and the Karzai regime. the time this President was elected has our spending on wars overseas. We al- Let me read you some quotes, Mr. been nothing but obstructionism and ready have these sorts of caps on Speaker, and let’s see who we thought attack, obstructionism and attack, ob- spending for almost everything else in said these quotes: structionism and attack. I get it. There the budget, and it is time we capped are differences in philosophies between The power of what has begun to be termed our war spending as well. the Imperial Presidency grows, and the abil- the two parties. Mr. Speaker, I ask unanimous con- ity of our Democratic institutions, espe- What is troubling to me is that in sent to insert the text of the amend- cially the Federal legislative branch to con- this imperial Republican Congress ment in the RECORD, along with extra- strain it, seems more uncertain. President Obama’s ideas don’t even get neous material, immediately prior to The next quote: a chance to have their day on the floor, where we are routinely shut out. the vote on the previous question. We are a coequal branch of government, In this imperial Republican Congress The SPEAKER pro tempore. Is there and if our system of checks and balances is objection to the request of the gen- going to operate, it is imperative that we un- we cannot bring to the floor a bill to derstand how the executive branch is enforc- increase the minimum wage. We can- tleman from Massachusetts? There was no objection. ing or ignoring the bills that are signed into not bring to the floor a bill to extend law. Mr. MCGOVERN. This amendment unemployment benefits for those over 2 And: million long-term employed. We can- simply caps the OCO. We give the ad- not bring to the floor a jobs bill. We ministration 1 more year of the Over- We are talking about a systematic extra- seas Contingency Operations spending constitutional mode of conduct by the White cannot bring to the floor the bipartisan House. The conduct threatens to deprive the Senate-passed comprehensive immigra- without any contingencies, but beginning in 2016, OCO is subject to budget American people of one of the basic rights of tion reform bill, which would do the any democracy, the right to elect Represent- right thing on behalf of a number of caps just like everything else. atives who determine what the law is, sub- immigrants in this country, but would Funding the war in Afghanistan is ject only to the President’s veto. That does also, by the way, we are told, reduce not emergency spending. We have been not mean having a President sign those laws our deficit. there for over a decade. We all know but then say he is free to carry them out or We can’t even bring those things to what the costs entail. The OCO is a so- not as only he sees fit. the floor for debate. Under this impe- called emergency account to keep the Another quote: rial Republican leadership, our hands war in Afghanistan funded. I believe it is in all of our interests to work are tried. So we try procedural mo- I don’t know about you, Mr. Speaker, together to rein in any excesses of the execu- tions. We are trying discharge peti- but the fact that we have troops in Af- tive branch, whether it is in Democratic, Re- tions. We are trying whatever we can ghanistan is no longer a surprise and is publican, or even Libertarian hands. to try to be heard. no longer an unexpected development. Lastly, I will suggest to you that all I think it is important for the Amer- In addition, the OCO has become a those quotes I just read were from a ican people to know where people slush fund for Congress and the Pen- highly respected Democrat, Mr. CON- stand. So if my friends on the other tagon to stick in goodies for procure- YERS, talking about the George W. side of the aisle don’t believe the ment and operations and maintenance Bush Presidency. that it couldn’t find room for in the American people deserve a raise, if b 1315 they don’t believe we should increase Pentagon’s half-trillion dollar base the minimum wage, vote against it. Go budget. What has changed? That is what we on record. Let the American people see Now that Afghanistan President are talking about today. where you stand. On immigration re- Karzai has made it perfectly clear that This isn’t about Republicans or form, if you don’t want to reform the he doesn’t want the United States or Democrats. Even Mr. CONYERS said immigration system, fine. Vote against its military in Afghanistan, we should, that that is a problem, that we are giv- it when it comes to the floor. at a minimum, cap the OCO and bring ing up what we are supposed to be When my friends on the other side of our troops home now. doing here in the legislative branch, the aisle routinely and regularly deny So if we can find billions and billions legislating. us the opportunity to even consider of dollars to fund a war that nobody The President has a right to veto, but these things, that hurts our democ- wants in a country where the govern- when he signs it into law, he has an ob- racy. It diminishes this institution. ment insults our troops every single ligation to faithfully execute the laws If you want to talk about impe- day, then we can use those moneys to that he signs, he signs into law. rialism, what is that? fund real needs right at home, like per- Mr. Speaker, in an interview with With that, Mr. Speaker, I reserve the manently fixing the SGR once and for The New York Times last July, the balance of my time. all. President was asked whether or not he Mr. NUGENT. Mr. Speaker, I am We talk about trying to find common had the legal constitutional authority ready to close. ground. I think there is a lot of com- to delay the employer mandates, and

VerDate Mar 15 2010 01:51 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.018 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2317 the President’s response was this, Mr. Delaying the consequences of The Executive Branch’s ability to fulfill its Speaker, speaking about Members of ObamaCare, however, does not fix obligation to comply with judicial decisions Congress: ‘‘I am not concerned about them. Perhaps our colleagues are fac- should not be hampered by a civil action by their opinions. Very few of them, by ing frustrated constituents that just Congress pursuant to this bill. the way, are lawyers, much less con- aren’t quite ready to defend the law Basic respect for separation of powers re- stitutional lawyers.’’ yet. Maybe that is the case. quires adoption of this amendment. Well, Mr. Speaker, he is right in one Perhaps it is themselves that these In our constitutional democracy, taking care regard. Most of us aren’t constitutional delays are really meant for. I don’t that the laws are executed faithfully is a multi- lawyers, and I am certainly glad the know. faceted notion. President is proud of his academic Nevertheless, I don’t object to delay- And it is a well-settled principle that our achievements. ing ObamaCare, just the President’s de- Constitution imposes restrictions on Congress’ It doesn’t take a constitutional law- sire not to have come to Congress to do legislative authority, so that the faithful execu- yer to understand that we have separa- it. Congress enacted it. Congress has a tion of the Laws may present occasions where tion of powers in this country, and that right, then, to modify it, not the Presi- the President declines to enforce a congres- is what makes us unique. It doesn’t dent. sionally enacted law because he must enforce The fact is, a lot of these plans are take a constitutional lawyer to under- the Constitution—which is the law of the land. stand that the President can’t just good fits for consumers. Cancellations Additionally, H.R. 4138, The ENFORCE Act, they face, the higher premiums and pick and choose which laws to enforce has problems with standing, separation of deductibles, are a real hardship. That and which ones, don’t worry about; we powers, and allows broad powers of discretion doesn’t change the fact that the means don’t have to enforce it. Any eighth- incompatible with notions of due process. through which the President changed grade civics student can tell you that. The legislation would permit one House of the policy is wrong, and we all know it. Our Constitution explicitly states, Congress to file a lawsuit seeking declaratory the President shall take care that the It is time for this body to come together to prevent our constitutional and other relief to compel the President to laws be faithfully executed. It is even faithfully execute the law. Any such decision in the oath of office. It doesn’t say if I role from disintegrating further. It matters not what has occurred in the would be reviewable only by the Supreme disagree with them that means I don’t Court. have to worry about that. It is in the last 40 years, it matters what occurs today. It matters to the people I rep- These are critical problems. First, Congress oath of office that he is supposed to do is unlikely to be able to satisfy the require- that. resent that I faithfully support and defend the Constitution. ments of Article III standing, which the Su- Mr. Speaker, I take that oath to sup- preme Court has held that the party bringing port and defend the Constitution very It is time this body pushed back suit have been personally injured by the chal- seriously. I did it when I raised my against any Presidency that would assert itself, whether it was Mr. CONYERS lenged conduct. hand at 18 years old when I went into In the wide array of circumstances in which the Air Force. I did it when I was 21 speaking of the prior Presidents or it is the bill would authorize a House of Congress years old when I became a police offi- us speaking about this current Presi- to sue the president, that House would not cer outside of Chicago. I did it again dent. I am confident that the underlying has suffered any personal injury sufficient to when I was a deputy sheriff. I did it legislation, the rule that it provides satisfy Article III’s standing requirement in the again when I was sheriff, and I did it for, will start the process, and I urge absence of a complete nullification of ay legis- when I got elected to Congress, now, a my colleagues, if you care about pro- lator’s votes. second time. I take that oath personal. tecting our three-branch system of I have three sons that serve this I ask my colleagues to reject this legislation. government, support this rule and sup- The material previously referred to country today. They have all raised port the underlying legislation. by Mr. MCGOVERN is as follows: their hand to support and defend this Ms. JACKSON LEE. Mr. Speaker, I rise in Constitution, not when it is conven- AN AMENDMENT TO H. RES. 511 OFFERED BY opposition to the rule for H.R 4138, The EN- MR. MCGOVERN OF MASSACHUSETTS ient, not when it meets what I need out FORCE The Law Act of 2014 and the under- of it. It says you do it. Strike all after the resolved clause and in- That is the law. That is the Constitu- lying bill. sert: H.R. 4138 purports to provide a mechanism That immediately upon adoption of this tion, and we kind of forget that. We for one House of Congress to enforce the resolution the Speaker shall, pursuant to say it is just a document. It is a dusty ‘‘take care’’ clause in article II, section 3 of the clause 2(b) of rule XVIII, declare the House document. resolved into the Committee of the Whole That is not the case, Mr. Speaker. It United States Constitution, which requires the President to ‘‘take Care that the Laws be faith- House on the state of the Union for consider- talks about how we conduct ourselves ation of the bill (H.R. 4209) to amend title fully executed.’’ as a government of the people and by XVIII of the Social Security Act to repeal The bill authorizes either chamber of Con- the Medicare sustainable growth rate and the people, not because of who we are. gress to bring a civil action against the execu- I am concerned, on quite a few in- improve Medicare payments for physicians tive branch for failure to faithfully execute ex- stances now, this President clearly and other professionals, and for other pur- isting laws. poses. The first reading of the bill shall be hasn’t faithfully executed those laws. My colleagues on the other side argue that dispensed with. All points of order against Just recently, the President yet again lawsuits by Congress to force the administra- consideration of the bill are waived. General announced a delay in the implementation to enforce federal laws will prevent the debate shall be confined to the bill and shall tion of ObamaCare. The administration president from exceeding his constitutional au- not exceed one hour equally divided among says they will continue to allow insur- thority, and controlled by the chair and ranking mi- ance companies to offer plans that But the Supreme Court has constantly held nority member of the Committee on Energy don’t meet ObamaCare’s coverage re- and Commerce, the chair and ranking minor- that the exercise of executive discretion being ity member of the Committee on Ways and quirements. taken by President Obama is within the presi- How many delays does that make, Means, and the chair and ranking minority dent’s powers under the Constitution. member of the Committee on the Judiciary. Mr. Speaker? That is why I offered an amendment to the After general debate the bill shall be consid- I have no idea. I have lost count. I bill that simply protects the ability of the Exec- ered for amendment under the five-minute haven’t kept track. There have been a utive Branch to comply with judicial decisions rule. All points of order against provisions in lot of them because they all hit the interpreting the Constitution or Federal laws. the bill are waived. At the conclusion of confront page, most of them hit the front It is hard to believe that I would even need sideration of the bill for amendment the page of the papers. an amendment which instructs the Executive Committee shall rise and report the bill to Just because the President’s health Branch that it is okay to—ENFORCE THE the House with such amendments as may care law isn’t working doesn’t mean have been adopted. The previous question LAW. shall be considered as ordered on the bill and the President can just change it on the If separation-of-powers principles require fly. I understand it is what he wants. It amendments thereto to final passage with- anything, it is that each branch must respect out intervening motion except one motion to is the implementation of a law, but its constitutional role. recommit with or without instructions. If don’t say you can just change it willy- When a court issues a decision interpreting the Committee of the Whole rises and re- nilly. The President is literally making the Constitution or a federal law, the other ports that it has come to no resolution on it up as he goes along. branches must abide by the decision. the bill, then on the next legislative day the

VerDate Mar 15 2010 04:41 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.020 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2318 CONGRESSIONAL RECORD — HOUSE March 12, 2014 House shall, immediately after the third Mr. NUGENT. Mr. Speaker, I yield Upton Webster (FL) Wolf daily order of business under clause 1 of rule Valadao Wenstrup Womack back the balance of my time, and I Wagner Westmoreland Woodall XIV, resolve into the Committee of the move the previous question on the res- Whole for further consideration of the bill. Walberg Whitfield Yoder Walden Williams Yoho Sec. 2. Clause 1(c) of rule XIX shall not olution. The SPEAKER pro tempore. The Walorski Wilson (SC) Young (AK) apply to the consideration of H.R. 4209. Weber (TX) Wittman Young (IN) THE VOTE ON THE PREVIOUS QUESTION: WHAT IT question is on ordering the previous REALLY MEANS question. NAYS—190 This vote, the vote on whether to order the The question was taken; and the Barber Grijalva O’Rourke previous question on a special rule, is not Speaker pro tempore announced that Barrow (GA) Gutie´rrez Owens merely a procedural vote. A vote against or- Bass Hahn Pallone the ayes appeared to have it. Beatty Hanabusa Pascrell dering the previous question is a vote Mr. MCGOVERN. Mr. Speaker, on Becerra Hastings (FL) Pastor (AZ) against the Republican majority agenda and that I demand the yeas and nays. Bera (CA) Heck (WA) Payne a vote to allow the Democratic minority to Bishop (GA) Higgins Pelosi offer an alternative plan. It is a vote about The yeas and nays were ordered. Bishop (NY) Himes Perlmutter what the House should be debating. The SPEAKER pro tempore. Pursu- Blumenauer Hinojosa Peters (CA) Mr. Clarence Cannon’s Precedents of the ant to clause 9 of rule XX, the Chair Bonamici Holt Peters (MI) House of Representatives (VI, 308–311), de- Brady (PA) Honda Peterson will reduce to 5 minutes the minimum Braley (IA) Horsford Pingree (ME) scribes the vote on the previous question on time for any electronic vote on the the rule as ‘‘a motion to direct or control the Brown (FL) Hoyer Pocan Brownley (CA) Huffman Polis consideration of the subject before the House question of adoption of the resolution. The vote was taken by electronic de- Bustos Israel Price (NC) being made by the Member in charge.’’ To Butterfield Jeffries Quigley defeat the previous question is to give the vice, and there were—yeas 227, nays Capps Johnson (GA) Rahall opposition a chance to decide the subject be- 190, not voting 13, as follows: Capuano Johnson, E. B. Rangel fore the House. Cannon cites the Speaker’s [Roll No. 118] Carney Kaptur Richmond ruling of January 13, 1920, to the effect that Carson (IN) Keating Roybal-Allard ‘‘the refusal of the House to sustain the de- YEAS—227 Cartwright Kelly (IL) Ruiz Castor (FL) Kennedy mand for the previous question passes the Aderholt Gibson Miller (FL) Ruppersberger Castro (TX) Kildee Amash Gingrey (GA) Miller (MI) Ryan (OH) control of the resolution to the opposition’’ Chu Kilmer ´ Bachmann Gohmert Mullin Sanchez, Linda in order to offer an amendment. On March Cicilline Kind Bachus Goodlatte Mulvaney T. 15, 1909, a member of the majority party of- Clark (MA) Kirkpatrick Barletta Gowdy Murphy (PA) Sanchez, Loretta Clarke (NY) Kuster fered a rule resolution. The House defeated Barr Granger Neugebauer Sarbanes Clay Langevin the previous question and a member of the Benishek Graves (GA) Noem Schakowsky Cleaver Larsen (WA) opposition rose to a parliamentary inquiry, Bentivolio Graves (MO) Nugent Schiff Clyburn Larson (CT) asking who was entitled to recognition. Bilirakis Griffin (AR) Nunes Schneider Cohen Lee (CA) Speaker Joseph G. Cannon (R-Illinois) said: Bishop (UT) Griffith (VA) Nunnelee Schrader Connolly Levin Black Grimm Olson Schwartz ‘‘The previous question having been refused, Conyers Lipinski Blackburn Guthrie Palazzo Scott (VA) the gentleman from New York, Mr. Fitz- Cooper Loebsack Boustany Hall Paulsen Scott, David gerald, who had asked the gentleman to Costa Lofgren Brady (TX) Hanna Pearce Serrano Courtney Lowenthal yield to him for an amendment, is entitled to Bridenstine Harper Perry Sewell (AL) Crowley Lujan Grisham the first recognition.’’ Brooks (AL) Harris Petri Shea-Porter Cuellar (NM) The Republican majority may say ‘‘the Brooks (IN) Hartzler Pittenger Sherman Cummings Luja´ n, Ben Ray vote on the previous question is simply a Broun (GA) Hastings (WA) Pitts Sinema Davis (CA) (NM) vote on whether to proceed to an immediate Buchanan Heck (NV) Poe (TX) Sires Davis, Danny Lynch Bucshon Hensarling Pompeo Slaughter vote on adopting the resolution . . . [and] DeFazio Maffei Burgess Herrera Beutler Posey Smith (WA) has no substantive legislative or policy im- DeGette Maloney, Byrne Holding Price (GA) Speier plications whatsoever.’’ But that is not what Delaney Carolyn Calvert Hudson Reed Swalwell (CA) DeLauro Maloney, Sean they have always said. Listen to the Repub- Camp Huelskamp Reichert Takano DelBene Matheson lican Leadership Manual on the Legislative Campbell Huizenga (MI) Renacci Thompson (CA) Deutch Matsui Process in the United States House of Rep- Cantor Hultgren Ribble Thompson (MS) Doggett McCarthy (NY) resentatives, (6th edition, page 135). Here’s Capito Hunter Rice (SC) Tierney Doyle McCollum how the Republicans describe the previous Carter Hurt Rigell Titus Duckworth McDermott Cassidy Issa Roby Tonko question vote in their own manual: ‘‘Al- Edwards McGovern Chabot Jenkins Roe (TN) Tsongas though it is generally not possible to amend Enyart McIntyre Chaffetz Johnson (OH) Rogers (AL) Van Hollen the rule because the majority Member con- Eshoo McNerney Coble Johnson, Sam Rogers (KY) Vargas Esty Meeks trolling the time will not yield for the pur- Coffman Jones Rogers (MI) Veasey Farr Meng pose of offering an amendment, the same re- Cole Jordan Rohrabacher Vela Fattah Michaud ´ sult may be achieved by voting down the pre- Collins (GA) Joyce Rokita Velazquez Foster Miller, George vious question on the rule . . . When the mo- Collins (NY) Kelly (PA) Rooney Visclosky Frankel (FL) Moore Conaway King (IA) Ros-Lehtinen Walz tion for the previous question is defeated, Fudge Moran Cook King (NY) Roskam Wasserman control of the time passes to the Member Gallego Murphy (FL) Cotton Kingston Ross Schultz who led the opposition to ordering the pre- Garamendi Nadler Cramer Kinzinger (IL) Rothfus Waters Garcia Napolitano vious question. That Member, because he Crawford Kline Royce Waxman Grayson Neal then controls the time, may offer an amend- Crenshaw Labrador Runyan Welch Green, Al Negrete McLeod ment to the rule, or yield for the purpose of Culberson LaMalfa Ryan (WI) Wilson (FL) Green, Gene Nolan amendment.’’ Daines Lamborn Salmon Yarmuth In Deschler’s Procedure in the U.S. House Davis, Rodney Lance Sanford NOT VOTING—13 of Representatives, the subchapter titled Denham Lankford Scalise ‘‘Amending Special Rules’’ states: ‘‘a refusal Dent Latham Schock Amodei Engel Lowey Barton Gabbard Miller, Gary to order the previous question on such a rule DeSantis Latta Schweikert DesJarlais LoBiondo Scott, Austin Ca´ rdenas Gosar Rush [a special rule reported from the Committee Diaz-Balart Long Sensenbrenner Dingell Jackson Lee on Rules] opens the resolution to amend- Duffy Lucas Sessions Ellison Lewis ment and further debate.’’ (Chapter 21, sec- Duncan (SC) Luetkemeyer Shimkus tion 21.2) Section 21.3 continues: ‘‘Upon re- Duncan (TN) Lummis Shuster jection of the motion for the previous ques- Ellmers Marchant Simpson b 1346 tion on a resolution reported from the Com- Farenthold Marino Smith (MO) Mr. RANGEL, Ms. MENG, and Mr. mittee on Rules, control shifts to the Mem- Fincher Massie Smith (NE) Fitzpatrick McAllister Smith (NJ) CLEAVER changed their vote from ber leading the opposition to the previous Fleischmann McCarthy (CA) Smith (TX) ‘‘yea’’ to ‘‘nay.’’ question, who may offer a proper amendment Fleming McCaul Southerland or motion and who controls the time for de- Flores McClintock Stewart So the previous question was ordered. bate thereon.’’ Forbes McHenry Stivers The result of the vote was announced Clearly, the vote on the previous question Fortenberry McKeon Stockman as above recorded. Foxx McKinley Stutzman on a rule does have substantive policy impli- The SPEAKER pro tempore. The cations. It is one of the only available tools Franks (AZ) McMorris Terry Frelinghuysen Rodgers Thompson (PA) question is on the resolution. for those who oppose the Republican major- Gardner Meadows Thornberry The question was taken; and the ity’s agenda and allows those with alter- Garrett Meehan Tiberi native views the opportunity to offer an al- Gerlach Messer Tipton Speaker pro tempore announced that ternative plan. Gibbs Mica Turner the ayes appeared to have it.

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RECORDED VOTE Capps Holt Pastor (AZ) the Rules of the U.S. House of Representa- Capuano Honda Payne Mr. MCGOVERN. Mr. Speaker, I de- tives, the Clerk received the following mes- Ca´ rdenas Horsford Pelosi sage from the Secretary of the Senate on mand a recorded vote. Carney Hoyer Perlmutter March 12, 2014 at 10:52 a.m.: A recorded vote was ordered. Carson (IN) Huffman Peters (CA) Cartwright Israel Peters (MI) That the Senate agreed to S.J. Res. 32. The SPEAKER pro tempore. This is a Castor (FL) Jackson Lee Peterson With best wishes, I am 5-minute vote. Castro (TX) Jeffries Pingree (ME) Sincerely, The vote was taken by electronic de- Chu Johnson (GA) Pocan KAREN L. HAAS. Cicilline Johnson, E. B. vice, and there were—ayes 229, noes 192, Polis Clark (MA) Kaptur Price (NC) f not voting 9, as follows: Clarke (NY) Keating Quigley PERMISSION FOR MEMBER TO BE [Roll No. 119] Clay Kelly (IL) Rangel Cleaver Kennedy Richmond CONSIDERED AS FIRST SPONSOR AYES—229 Clyburn Kildee Roybal-Allard OF H.J. RES. 43 Cohen Kilmer Aderholt Graves (MO) Petri Ruiz Connolly Kind Amash Griffin (AR) Pittenger Ruppersberger Ms. SPEIER. Mr. Speaker, I ask Conyers Kirkpatrick Bachmann Griffith (VA) Pitts Ryan (OH) unanimous consent that I may here- Cooper Langevin Bachus Grimm Poe (TX) Sa´ nchez, Linda Costa Larsen (WA) after be considered to be the first spon- Barber Guthrie Pompeo T. Courtney Larson (CT) sor of H.J. Res. 43, removing the dead- Barletta Hall Posey Sanchez, Loretta Crowley Lee (CA) Barr Hanna Price (GA) Sarbanes line for the ratification of the equal Cuellar Levin Benishek Harper Schakowsky rights amendment, a bill originally in- Rahall Cummings Lipinski Bentivolio Harris Schiff Reed Davis (CA) Loebsack troduced by Representative Robert An- Bilirakis Hartzler Schneider Reichert Davis, Danny Lofgren Bishop (UT) Hastings (WA) Schrader drews of New Jersey, for the purposes Renacci DeFazio Lowenthal Black Heck (NV) Schwartz of adding cosponsors and requesting Ribble DeGette Lowey Blackburn Hensarling Scott (VA) Rice (SC) Delaney Lujan Grisham reprintings pursuant to clause 7 of rule Boustany Herrera Beutler Rigell DeLauro (NM) Scott, David XII. Brady (TX) Holding Roby DelBene Luja´ n, Ben Ray Serrano Bridenstine Hudson The SPEAKER pro tempore. Is there Roe (TN) Deutch (NM) Sewell (AL) Brooks (AL) Huelskamp objection to the request of the gentle- Rogers (AL) Doggett Lynch Shea-Porter Brooks (IN) Huizenga (MI) Rogers (KY) Doyle Maffei Sherman woman from California? Broun (GA) Hultgren Rogers (MI) Duckworth Maloney, Sinema Buchanan Hunter There was no objection. Rohrabacher Edwards Carolyn Sires Bucshon Hurt Rokita Ellison Maloney, Sean Slaughter f Burgess Issa Rooney Enyart Matheson Smith (WA) Byrne Jenkins Ros-Lehtinen Eshoo Matsui Speier EXECUTIVE NEEDS TO FAITH- Calvert Johnson (OH) Roskam Esty McCarthy (NY) Swalwell (CA) Camp Johnson, Sam FULLY OBSERVE AND RESPECT Ross Farr McCollum Takano Campbell Jones CONGRESSIONAL ENACTMENTS Rothfus Fattah McDermott Thompson (CA) Cantor Jordan Royce Foster McGovern Thompson (MS) OF THE LAW ACT OF 2014 Capito Joyce Runyan Frankel (FL) McIntyre Tierney Carter Kelly (PA) GENERAL LEAVE Ryan (WI) Fudge McNerney Titus Cassidy King (IA) Salmon Gabbard Meeks Tonko Mr. GOODLATTE. Mr. Speaker, I ask Chabot King (NY) Sanford Gallego Meng Tsongas Chaffetz Kingston unanimous consent that all Members Scalise Garamendi Michaud Van Hollen Coble Kinzinger (IL) may have 5 legislative days within Schock Garcia Miller, George Vargas Coffman Kline Schweikert Grayson Moore Veasey which to revise and extend their re- Cole Labrador Scott, Austin Green, Al Moran Vela marks and include extraneous mate- Collins (GA) LaMalfa Sensenbrenner Green, Gene Murphy (FL) Vela´ zquez Collins (NY) Lamborn rials on H.R. 4138. Sessions Grijalva Nadler Visclosky Conaway Lance The SPEAKER pro tempore. Is there Shimkus Gutie´rrez Napolitano Walz Cook Lankford Shuster Hahn Neal Wasserman objection to the request of the gen- Cotton Latham Simpson Hanabusa Negrete McLeod Schultz Cramer Latta tleman from Virginia? Smith (MO) Hastings (FL) Nolan Waters Crawford LoBiondo There was no objection. Heck (WA) O’Rourke Waxman Crenshaw Long Smith (NE) Higgins Owens Welch The SPEAKER pro tempore. Pursu- Culberson Lucas Smith (NJ) Himes Pallone Wilson (FL) ant to House Resolution 511 and rule Daines Luetkemeyer Smith (TX) Hinojosa Pascrell Yarmuth Davis, Rodney Lummis Southerland XVIII, the Chair declares the House in Stewart Denham Marchant NOT VOTING—9 the Committee of the Whole House on Dent Marino Stivers the state of the Union for the consider- DeSantis Massie Stockman Amodei Engel Lewis DesJarlais McAllister Stutzman Barton Gosar Miller, Gary ation of the bill, H.R. 4138. Diaz-Balart McCarthy (CA) Terry Dingell Kuster Rush The Chair appoints the gentleman Duffy McCaul Thompson (PA) from Pennsylvania (Mr. THOMPSON) to Thornberry b 1353 Duncan (SC) McClintock preside over the Committee of the Duncan (TN) McHenry Tiberi So the resolution was agreed to. Tipton Whole. Ellmers McKeon The result of the vote was announced Farenthold McKinley Turner Fincher McMorris Upton as above recorded. b 1457 Valadao Fitzpatrick Rodgers A motion to reconsider was laid on IN THE COMMITTEE OF THE WHOLE Fleischmann Meadows Wagner the table. Fleming Meehan Walberg Accordingly, the House resolved Flores Messer Walden Stated against: itself into the Committee of the Whole Forbes Mica Walorski Ms. KUSTER. Mr. Speaker, on rollcall No. House on the state of the Union for the Fortenberry Miller (FL) Weber (TX) 119, had I been present, I would have voted Foxx Miller (MI) Webster (FL) consideration of the bill (H.R. 4138) to Franks (AZ) Mullin Wenstrup ‘‘no.’’ protect the separation of powers in the Frelinghuysen Mulvaney Westmoreland f Constitution of the United States by Gardner Murphy (PA) Whitfield ensuring that the President takes care Garrett Neugebauer Williams COMMUNICATION FROM THE Gerlach Noem Wilson (SC) CLERK OF THE HOUSE that the laws be faithfully executed, Gibbs Nugent Wittman and for other purposes, with Mr. Gibson Nunes Wolf The SPEAKER pro tempore laid be- THOMPSON of Pennsylvania in the Gingrey (GA) Nunnelee Womack fore the House the following commu- chair. Gohmert Olson Woodall nication from the Clerk of the House of Goodlatte Palazzo Yoder The Clerk read the title of the bill. Gowdy Paulsen Yoho Representatives: The CHAIR. Pursuant to the rule, the Granger Pearce Young (AK) OFFICE OF THE CLERK, bill is considered read the first time. Graves (GA) Perry Young (IN) HOUSE OF REPRESENTATIVES, The gentleman from Virginia (Mr. Washington, DC, March 12, 2014. NOES—192 GOODLATTE) and the gentleman from Hon. JOHN A. BOEHNER, Barrow (GA) Bishop (GA) Braley (IA) Speaker, House of Representatives, Washington, Michigan (Mr. CONYERS) each will con- Bass Bishop (NY) Brown (FL) trol 30 minutes. Beatty Blumenauer Brownley (CA) DC. Becerra Bonamici Bustos DEAR MR. SPEAKER: Pursuant to the per- The Chair recognizes the gentleman Bera (CA) Brady (PA) Butterfield mission granted in Clause 2(h) of Rule II of from Virginia.

VerDate Mar 15 2010 04:41 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.024 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2320 CONGRESSIONAL RECORD — HOUSE March 12, 2014 Mr. GOODLATTE. Mr. Chairman, I with those judicial precedents. In addi- his obligation to faithfully execute the yield myself such time as I may con- tion, because it is an act of Congress, laws. sume. the ENFORCE the Law Act can apply So let us acknowledge what this leg- Mr. Chairman, our system of govern- special court procedural rules to sig- islation is really about. It is simply yet ment is a tripartite one, with each nificantly increase the speed at which another attempt by the majority to branch having certain defined func- cases challenging the President’s fail- prevent the President of the United tions delegated to it by the Constitu- ure to faithfully execute are considered States from implementing duly en- tion. The President is charged with by the courts. These provisions are acted legislative initiatives that they executing the laws, the Congress with critical to ensure the President cannot oppose. writing the laws, and the judiciary simply stall a lawsuit until his term is Allowing the flexibility and the im- with interpreting them. up. plementation of a new program, even The Obama administration, however, In addition, these provisions are where the statute mandates a specific has ignored the Constitution’s care- similar to those that were in the Line deadline, is neither unusual nor a con- fully balanced separation of powers and Item Veto Act. Litigation challenging stitutional violation. It is the reality unilaterally granted itself the the constitutionality of the line item of administering sometimes complex extraconstitutional authority to veto proceeded through the district programs and is part and parcel of the amend the laws and to waive or sus- court and was decided by the Supreme President’s duty to ‘‘take care’’ that he pend their enforcement. This raw as- Court within 7 months of being filed. ‘‘faithfully’’ execute laws. sertion of authority goes well beyond The ENFORCE the Law Act will help This has been especially true with re- the executive power granted to the overcome the hostility the courts have spect to the Affordable Care Act. The President and specifically violates the shown toward deciding disputes be- President’s decision to extend certain Constitution’s command that the tween the political branches in the compliance dates to help phase-in the President is to take care that the laws past. act is not a novel tactic. And even be faithfully executed. The Constitution’s Framers did not though not a single court has ever con- Mr. Chairman, from ObamaCare to expect the judiciary to sit on the side- cluded that reasonable delay in imple- welfare and education reform to our lines and watch as one branch aggran- menting a complex law constitutes a Nation’s drug enforcement laws and dized its own powers and exceeded the violation of the Take Care Clause, the majority insists that there is a con- other areas of the law, President authority granted to it by the Con- stitutional crisis. Obama has been picking and choosing stitution; rather, the Constitution gives the Federal courts very broad ju- Additionally, the exercise of enforce- which laws to enforce. In place of the ment discussion is a traditional power risdiction to hear ‘‘all cases . . . aris- checks and balances established by the of the Executive. For example, the de- ing under this Constitution and the Constitution, President Obama has cision to defer deportation of young laws of the United States.’’ However, proclaimed that ‘‘I refuse to take ’no’ adults who were brought to the United over time, the courts have read their for an answer’’ and that ‘‘where Con- States as children, the DREAMers, is a own powers much more narrowly, re- gress won’t act, I will.’’ classic exercise of such discretion. fusing to exercise a vital check over Throughout the Obama Presidency, H.R. 4138 could also have the perverse unconstitutional action by the execu- we have seen a pattern: President effect of preventing the President from tive branch. Obama circumvents Congress when he taking steps to protect people’s rights. doesn’t get his way, but the Constitu- b 1400 If H.R. 4138 had been law in 1861, the tion does not confer upon the President When the courts refuse to step in and Congress could have sued President the executive authority to disregard umpire these disputes, they cede the Lincoln for issuing the Emancipation the separation of powers and rewrite field to this and future Presidents. The Proclamation because Congress could acts of Congress based on his policy separation of powers is not strength- have concluded that President Lincoln preferences. It is a bedrock principle of ened by the refusal of the judicial had failed to enforce then-existing laws constitutional law that the President branch to referee the division of power protecting the institution of slavery, must faithfully execute the laws passed between the branches. like the Fugitive Slave Law. by Congress. As then-Senator Obama observed in Likewise, if H.R. 4138 had been law in We cannot continue to allow the 2008: 1948, Congress could have sued Presi- President to ignore the constitutional dent Truman for issuing Executive limits on executive power. The Presi- One of the most important jobs of the Su- preme Court is to guard against the en- Order 9981, which desegregated the dent’s far-reaching claims of executive croachment of the executive branch on the armed services in contravention of power, if left unchecked, will vest this power of other branches. And I think the then-existing military policy. and future Presidents with broad do- Chief Justice has been a little bit too willing And, it is no surprise that the Su- mestic policy authority that the Con- and eager to give an administration, whether preme Court has consistently held that stitution does not grant. its mine or George Bush’s, more power than the exercise of such discretion is a As prominent law professor, Jona- I think the Constitution originally intended. function of the President’s power under than Turley, who testified that he The ENFORCE the Law Act will help the Take Care Clause. voted for President Obama, warned in ensure that, when Congress brings a As the Court held in Heckler v. testimony before the Judiciary Com- lawsuit against the administration for Chaney: mittee: its refusal to enforce the laws, the An agency’s decision not to prosecute or The problem with what the President is courts take up the cases and decide it enforce, whether through civil or criminal doing is that he is not simply posing a dan- expeditiously. process, is a decision generally committed to ger to the constitutional system. He is be- This legislation is a good first step an agency’s absolute discretion. coming the very danger the Constitution was toward ending this crisis and restoring Even assuming there is a problem to designed to avoid, that is, the concentration balance to our system of government. address, H.R. 4138 is itself flawed be- of power in a single branch. I urge my colleagues to support this cause it violates fundamental separa- That is why I join with Representa- legislation, and I reserve the balance of tion of powers principles and may be tive GOWDY and Chairman ISSA to in- my time. unconstitutional as applied. troduce H.R. 4138, the ENFORCE the Mr. CONYERS. Mr. Chairman, I yield The ENFORCE Act would essentially Law Act. This legislation puts a proce- myself 5 minutes. allow Federal courts to second-guess dure in place to permit the House or Mr. Chairman, the ENFORCE Act, decisions by the executive branch in a the Senate to authorize lawsuits like so many other bills that we have potentially vast range of areas that are against the executive branch for failure considered this Congress, is truly a so- committed under the Constitution to to faithfully execute the laws. lution in search of a problem. the discretion of the political branches The courts have held that lawsuits It was made clear during the two full like the conduct of foreign affairs. alleging institutional injuries must be committee oversight hearings that we Additionally, it is highly unlikely brought by the injured institution held on the Constitution’s Take Care that Congress could satisfy the stand- itself, and H.R. 4138 is solidly in line Clause, the President, in fact, fully met ing requirements of Article III of the

VerDate Mar 15 2010 03:03 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.027 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2321 Constitution, which are meant to rein- Court to rein in executive overreach? If week’s Judiciary markup on this bill, force the Constitution’s separation of you don’t have standing, how can you that the majority’s attempts to turn powers principles. possibly get before the Supreme Court? routine exercises of Presidential dis- To meet those standing require- So my question is, Mr. Chairman, cretion into constitutional violations ments, a plaintiff must show that it what has changed? How does going is nothing but a show and a pretext to suffered a concrete and particularized from being a Senator to a President re- attack the President of the United injury. The kind of injury that would write the Constitution? What is dif- States. be the subject of a civil action under ferent from when he was a Senator? The hearing we had reminded me of a H.R. 4138, however, would amount only Mr. Chairman, I don’t think there is Woody Allen saying in a movie called to an alleged violation of a right to an amendment to the Constitution Bananas. Acting as Fielding Mellish, have the administration enforce the that I missed. I try to keep up with he said this is ‘‘a travesty of a mockery law in a particular way. those with regularity, but what I do of a sham of a mockery of a travesty of I reserve the balance of my time. know is this: process matters. If you two mockeries of a sham.’’ That is In closing, I want to ask my colleagues doubt it, Mr. Chairman, ask a pros- what this bill is, that is what that when is enough enough? At what point can ecutor or a police officer, both of hearing was, and that is what this pro- we say its time to put away the partisan rhet- whom, as my friends on the other side ceeding is. oric, the demagoguery, and the synthetic of the aisle know, both of them are H.R. 4138 would establish a process by scandals and start really working on the members of the executive branch. What which one House of Congress could sue issues the American people want solutions to. happens when a police officer fails to the President when it determines the The American people are waiting for us to check the right box on a search war- President failed to faithfully execute a take action on a host of issues that this House rant application? The evidence is law—one House, not two Houses. They refuses to address—from securing fair pay for thrown out even though he was well-in- talk about the separation of powers. a fair day’s work, extending unemployment intended, even though he had good moti- The separation of powers is executive surance, and fixing our broken immigration vations, even though he got the evi- and legislative, and legislative is Sen- laws. dence, because process matters. ate and House. The House originates What happens when the police go and So lets stop the games and finally get to spending bills, and the Senate confirms get a confession from the defendant? work. I reserve the balance of my time. judges and things like that. Mr. GOODLATTE. Mr. Chairman, at He did it. This is not a who-done-it; he There was some discussion yesterday, this time it is my distinct pleasure to admitted he did it. You got the right and the chairman brought up a situa- yield 5 minutes to the gentleman from person for the right crime, but what tion where the Senate went to the happens if he doesn’t follow the proc- South Carolina (Mr. GOWDY), a member court on an issue concerning some ap- ess? The defendant walks free. The of the Judiciary Committee and the pointments, which the Senate had ex- criminal defense attorneys who are chief sponsor of the legislation. clusive jurisdiction on, but it is when now Congressmen on the other side of Mr. GOWDY. Mr. Chairman, I would they had exclusive jurisdiction. the aisle know that is exactly what like to thank Chairman GOODLATTE for In situations where there is a bill they argued when they were before the his leadership on this bill and a host of passed and the Senate and the House judge; not that the end justifies the others in the Judiciary Committee. coshare equally, unless the Senate and means. Don’t look at the motivations, Mr. Chairman, I want to have a pop the House both want to act, it is not look at the process. quiz. That may seem unfair to my col- separation of powers; it is one House Mr. Chairman, we are not a country leagues on the other side of the aisle, trying to act as a star Chamber to take where the end justifies the means, no but I am going to give them a hint: the down the President of the United matter how good your motivations answer to every one of the questions is States. may be. We all swore an allegiance to the same. I am going to read a quote This bill would, if enacted, represent the same document that the President and then you tell me who said it: a massive upending of the carefully swears allegiance to: to faithfully exe- calibrated separation of powers of our These last few years, we have seen an un- cute the law. So I will be listening in- acceptable abuse of power, having a Presi- Constitution—one House, not the two tently during this debate for one of my dent whose priority is expanding his own Houses of Congress acting. power. colleagues to explain to me what does One of the gentleman who tried to that phrase mean. What does it mean, Any guess on who said that? Mr. defend this law in Rules Committee not to execute the law, but when the Chairman, it was Senator Barack talked about something in Florida. Framers thought enough of that phrase Obama. Well, Florida, whatever they have got, to add the modifier ‘‘faithfully’’? What Here is another one: they have got some kind of situation; does that mean? but that was a quo warranto action No law can give Congress a backbone if it If a President does not faithfully exe- where the Governor was acting beyond refuses to stand up as the coequal branch the cute the law, Mr. Chairman, what are Constitution made it. his authority, ultra vires. our remedies? Do we just sit and wait It wasn’t where the President is act- That was Senator Barack Obama. on another election? Do we use the ing within his authority in his discre- What do we do with a President who can power of the purse, the power of im- tion and determining what is the best basically change what Congress passed by at- peachment? Those are punishments; way to act, a difference between taking taching a letter saying I don’t agree with those are not remedies. The remedy is this part or that part? action and not taking action and tak- to do exactly what Barack Obama said ing action you are authorized not to Senator Barack Obama. to do: to go to court, to go to the Su- take and taking action you are author- I taught the Constitution for 10 years. I be- preme Court and have the Supreme ized to take. They didn’t defend their lieve in the Constitution. Court say once and for all. position once correctly. Senator Barack Obama. We don’t pass suggestions in this Congress lacks the standing to sue, And my favorite, Mr. Chairman: body, Mr. Chairman, we don’t pass and Mr. CONYERS has brought that up. One of the most important jobs of the Su- ideas; we pass laws, and we expect Standing requirements are necessary. preme Court is to guard against the en- them to be faithfully executed. croachment of the executive branch on the Also, by drafting Federal Courts into power of the other branches. And I think the b 1415 deciding what are essentially political Chief Justice has been a little too willing Mr. CONYERS. Mr. Chairman, I yield questions, the bill further upsets that and eager to give the President more power 4 minutes to the gentleman from Ten- separation of powers. than I think the Constitution originally in- nessee (Mr. COHEN), who is the ranking Questions about when and how to im- tended. member of the Constitution Sub- plement and enforce laws are within So my question, Mr. Chairman, is committee of House Judiciary. the President’s discretion as the Take how in the world can you get before the Mr. COHEN. Thank you, Mr. Chair- Care Clause makes clear. It is the Supreme Court if you don’t have stand- man. I appreciate you yielding. President’s duty alone to take care ing? What did the President mean by Mr. Chairman, as some of my col- that the laws be faithfully executed, that when he looked to the Supreme leagues said so eloquently during last not the courts’ and not Congress’. The

VerDate Mar 15 2010 03:03 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.028 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2322 CONGRESSIONAL RECORD — HOUSE March 12, 2014 courts rightly avoid involving them- sure the legislative and executive respect for the laws passed by this selves of disputes between the branches branches are functioning as intended Chamber? on questions of how law is executed. by the framers. Therefore, I urge my colleagues to This bill flies in the face of such. The bill before us today represents a support this bill to restore and pre- Ultimately, though, this bill and the collaborative effort to craft an effec- serve the delicate constitutional bal- larger debate surrounding it have noth- tive legislative response to a series of ance among the three branches of our ing to do with the finer points of con- unilateral actions by the President Federal system and to take an impor- stitutional law. That is a red herring. that he has taken in the last few years tant step in restoring the confidence of It is a part of a broader attempt by Re- to selectively apply, enforce, and ig- the public in our system of governance. publicans to delegitimize anything nore duly-enacted laws. Mr. CONYERS. Mr. Chairman, it is that this President, Barack Obama, The Affordable Care Act—or my pleasure to yield 3 minutes to the does. ObamaCare—a law written and enacted gentlelady from California (Ms. LOF- Here, the majority complains, among exclusively by the President and Mem- GREN), who is the ranking member of other things, about the fact the Presi- bers of his party, has been delayed, the Immigration Subcommittee on Ju- dent delayed implementation of cer- amended, and effectively rewritten diciary. tain provisions of the Affordable Care about two dozen times in the past year. Ms. LOFGREN. Mr. Chairman, in the Act, like the employer mandates for The law hasn’t changed by coming to committee report that accompanies medium and large businesses. The Roll- Congress and working with us on rea- these bills, on page 13 and 14, there are ing Stones had a song, sometimes you sonable changes or following the legis- three items that the majority says get what you want, sometimes you get lative process we were taught in high that the President can’t do. what you need. school civics. No, the law was modified One is to defer action for the With the Affordable Care Act, they because the President and his adminis- DREAMers, young people who are got what they wanted and what the tration simply declared it to be brought here innocently in violation of President thought the country needed. changed, in most cases, on late Friday immigration laws; two, to allow the Now, they are against it, holding the afternoons or right before a major holi- wives of American soldiers who are un- President up to ridicule and claiming day like Thanksgiving. documented to stay and not be de- it is the process, even though they are Today’s vote is not about rehashing ported; and, finally, to allow parents in agreement with the substance. the debate over ObamaCare. The Presi- who have been arrested for immigra- In Yiddish, that is called chutzpah; in dent has also unilaterally acted to sus- tion to try and preserve their parental law, it is called estoppel. In a Congress, pend enforcement of immigration laws, rights. it is called not being able to take yes stop the prosecution of nonviolent drug Is it legal for the President to take for an answer. offenses, and nullify sections of Fed- these actions? Certainly, it is. In Heck- I find it odd that this is what they eral laws and education. ler v. Chaney, as well as in the Arizona choose to emphasize, that this Presi- It is as if the President thinks our v. United States court decision, the Su- dent is acting in an allegedly unconsti- laws are written in pencil and it is his preme Court makes clear that, in im- tutional way to undermine his own sig- job to take a giant eraser to the parts migration, the ability to enforce or de- nature legislation. he doesn’t agree with and then scribble cide not to enforce is part of the broad It shows the depths of what Dana in some new words that fit his agenda; executive authority; and further, the Milbank referred to as Obama derange- or as George Washington University United States Congress has actually ment syndrome, where the President’s Law Professor Jonathan Turley noted delegated to the executive branch, at 6 opponents are so determined to thwart during his testimony recently: U.S. Code 202, the national immigra- him, they will say anything, including President Obama’s become the very danger tion enforcement priorities and poli- reversing their own long-held views, if the Constitution was designed to avoid, the cies to the President. they believe doing so will weaken his concentration of power in any one of the Now, is this anything new? No. We stature. branches. have paroled-in-place Cubans since This is unfortunate because Presi- If a President can unilaterally change the John F. Kennedy was President. In dent Obama has led where this Repub- meaning of laws in substantial ways or 2010, a bipartisan group of members, in- lican House has failed on immigration refuse to enforce them, it takes offline that cluding Congressman MICHAEL TURNER very thing that stabilizes our system. reform, on financial reform, on envi- and MAC THORNBERRY from the Armed ronmental protection, on the minimum After that hearing, I was able to in- Services Committee and myself wrote wage, and, yes, on health care. troduce legislation to create a fast- and said: Please, Mr. President, don’t The thanks President Obama gets track independent judicial review proc- deport the wives of American soldiers. from this majority for his efforts to ess that would settle disputes over The President used his authority to implement and enforce the laws as whether a president has exceeded his do that as prior Presidents had done. thoughtfully as he could is to be ac- constitutional authority and whether The use of parole in place is delegated cused of violating the Constitution. he has met his duty to faithfully exe- to the President and nothing new. Mr. GOODLATTE. Mr. Chairman, at cute the law. Now, why is this important? These this time, it is my pleasure to yield 3 The legislation today before us ac- bills are drafted to keep the President minutes to the gentleman from Penn- complishes those same goals. It rep- from doing the things that he did to sylvania (Mr. GERLACH), another chief resents a commonsense procedural re- allow the children to stay and to allow cosponsor of this legislation. form that establishes a practical, effec- the wives of American soldiers not to Mr. GERLACH. I thank the chair- tive solution to resolve serious ques- be deported. man. tions of Executive overreach. I think that what the majority wants Mr. Chairman, I rise today in support Our system of checks and balances to do is to not only have a do-nothing of this legislation that strives to re- was designed to prevent a President— Congress, but to have a do-nothing store the coequal balance of power be- or any other branch of the Federal President. When it comes to immigra- tween the legislative and executive Government—from being able to uni- tion, this is very serious. We have had branches and would establish a proce- laterally declare a law by whatever one vote on immigration here in the dure for making sure all Presidents are that individual says it is at that point Congress that was on Congressman accountable for meeting their constitu- in time after the law was enacted. KING’s bill to deport the DREAM Act tional obligation to faithfully execute No doubt Madison, Jefferson, and kids. all duly-enacted laws. other Framers understood that allow- We have heard a lot of discussion Chairman GOODLATTE, Congressman ing a concentration of power in one about a bill supposedly that is going to GOWDY, and members of the Judiciary branch was a recipe for chaos and in- be brought forward by the majority Committee have done an outstanding stability; so if Congress does not act about the innocent children who have job highlighting the need for such leg- and fails to hold a President account- been brought here, but we haven’t seen islation and explaining to the Amer- able for executing the laws as written, a bill; instead, we see these bills, which ican people why it is important to en- how can we expect citizens to have any would allow the Congress to overrule

VerDate Mar 15 2010 03:03 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.030 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2323 the President’s action, so that the to reestablish the intent of our Con- I want to take a moment to show you DREAM Act kids will be deported, so stitution is to create a process by this, and I want to point it over to my that the wives of soldiers who are in which either Chamber of Congress can Republican colleagues in case they for- battle in Afghanistan would be de- take the matter to court, which is got. It is signed by LAMAR SMITH and ported, so that individuals who are what this legislation does. It goes hand Henry Hyde. caught up in an immigration problem in hand with the Faithful Execution of Here is what it says: would lose their children to social serv- the Law Act, which we will consider There has been widespread agreement that ices, would lose their parental rights. later today. That bill requires the ad- some deportations were unfair and resulted Mr. GOODLATTE. Mr. Chairman, at ministration to tell Congress when in unjustifiable hardships. If the facts sub- they have decided that they don’t like stantiate the presentations that have been this time, it is my pleasure to yield 1 made to us, we must ask why the INS pur- minute to the gentleman from Virginia a law and are refusing to do the con- sued removal in such cases when so many (Mr. CANTOR), the majority leader. stitutional duty and enforce it. other, more serious cases existed. These bills are not just about Presi- Mr. CANTOR. Mr. Chairman, I thank You wrote the President of the dent Obama. What if future Republican Chairman GOODLATTE from Virginia for United States, and asked then-Presi- Presidents decide that they don’t like his leadership on this effort. dent Clinton to use his discretionary the tax increases enacted by Demo- Mr. Chairman, I rise today in support power. of the ENFORCE the Law Act. Our crats in Congress or by a past Demo- You said further in your letter: cratic President? Can that President Founders created a series of checks and It is well-grounded the prosecutorial dis- balances for our democracy, to prevent just refuse to collect those taxes or re- cretion of the initiation and termination of any one of the three branches of gov- sist enforcing laws he doesn’t like? No. removal proceedings. See attached ref- ernment from becoming too powerful. Any future President must work with erendum. Optimally, removal proceedings This separation of powers has always Congress to seek changes in laws that should be initiated—that is deportations—or been one of the most important pillars need to be reformed. As James Madison terminated only upon specific instructions from authorized INS officials and issued in of our political system and an example said, ‘‘To see the laws fruitfully executed constitutes the essence of the ex- accordance with agency guidelines. However, of good governance for the world to fol- the INS, apparently, has not yet promul- low. ecutive authority.’’ We have an opportunity today to gated such guidelines. For over 200 years, America has pros- stand together in a bipartisan manner That is what the President of the pered because we adhere to a Constitu- and put mechanisms in place to pre- United States did. He promulgated tion that makes each branch’s role ex- vent the executive branch from contin- guidelines which you said that then- plicitly clear: the elected representa- ually abusing its power, and they will President Clinton would not promul- tives in Congress pass laws, the Presi- remain in place no matter which party gate. What were they? It was DACA. dent faithfully enforces them, and an controls the White House. So let us That is what he promulgated. He pro- independent judiciary adjudicates dis- pass this legislation and show the mulgated guidelines, and please don’t putes. American people that we are com- tell me it was a group of people and This lesson is so important that we mitted to a government that functions that they had to do it individually. teach it to our school children and ar- the way it was intended to—within the Tell the thousands of DREAMers who ticulate it to our citizens, so they un- framework of our Constitution. have been denied DACA that they derstand the rules of the road. I want to thank Chairman GOOD- didn’t apply individually. Each and When we fail to uphold this system LATTE, Representative GOWDY, Rep- every case was applied individually. and one branch of government begins resentative DESANTIS, and the rest of Each of them came before the authori- to tip the scales of power in its favor, the Judiciary Committee, who have ties and said: I want to apply for this we descend towards chaos. Today, we worked so hard on this very important program under these guidelines pro- are seeing the system break down. issue. I strongly urge my colleagues in mulgated by President Obama. This administration’s blatant dis- the House to support the bill. When he does it, I guess you don’t regard for the rule of law has not been Mr. CONYERS. Mr. Chairman, I am care. I guess then we can’t trust them. limited to just a few instances. From pleased to yield 3 minutes to the dis- No, you can’t trust them, because you gutting welfare reform and No Child tinguished gentleman from Illinois do not want to act, and you want to Left Behind requirements to refusing (Mr. GUTIE´ RREZ). use it as an excuse. to enforce immigration and drug laws, Mr. GUTIE´ RREZ. Mr. Chairman, the Moreover, I want to read to you from the President’s dangerous search for goal of the ENFORCE Act is to ensure the Republican principles on immigra- expanded powers appears to be endless. that this do-nothing Congress forces tion. This is what your caucus put for- Whether one believes in the merit of President Obama to be a do-nothing ward: the end goal or not, this is not how the President as well. It is not enough for One of the greatest founding principles of executive branch was intended by our the Republican majority to be setting our country was that children would not be Founders to act. records for how little they are doing. punished for the mistakes of their parents. It is time to provide an opportunity for legal These actions not only weaken the They expect the same do-nothingness residence and citizenship for those who were credibility of our political institutions, from the President, especially on im- brought to this country as children through they also threaten our chances of re- migration. no fault of their own and have no other turning to a time of robust job growth What the Republicans have failed to place. by creating uncertainty in the econ- do is to work with their Democratic Yet, today, you want to take that omy. colleagues to bring serious, realistic, very ability from the President of the and achievable immigration reform b 1430 United States. legislation to the floor, reform that is The CHAIR. Members are reminded This has become most evident with overwhelmingly popular with the that they must direct their remarks to the implementation of the President’s American people. They worked with us the Chair and not to others in the sec- disastrous health care law, which is for months. Then they decided they ond person. wreaking havoc on small businesses, would rather deploy their sound bite Mr. GOODLATTE. Mr. Chairman, I which is wreaking havoc on wage earn- strategy that the President can’t be yield myself 30 seconds to point out ers and families. Even The Washington trusted to enforce the law—and walked that this legislation does two things: Post ran a story this weekend detailing away from negotiations. The Repub- one, it expedites any court consider- how arbitrary changes to ObamaCare licans put forward broad, vague but ation of lawsuits brought under this are creating mass confusion for con- sensible principles they said would legislation; two, it recognizes the dis- sumers. Our constituents deserve bet- guide their reform efforts. Then, just tinction between constitutional stand- ter. as quickly, they decided they would de- ing and other standing that has been Steps taken by this administration ploy their sound bite strategy that the court created. show that it doesn’t care for the rule of President can’t be trusted to enforce It says that that standing can be law or for the balance of powers de- the law—and walked away from the waived. That does not in any way designed by our Founders. The only way legislation. termine what a court’s ruling might be

VerDate Mar 15 2010 03:03 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.031 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2324 CONGRESSIONAL RECORD — HOUSE March 12, 2014 or even what its ruling would be on the form starts with the voice of the peo- The President has the right to choose standing of a particular lawsuit ple. If American voters rise up and how to set enforcement priorities with brought, but it strengthens the hand of speak loudly enough, they will be respect to immigration policy as well the Congress—any Congress—and under heard. Today, the United States House as the power to exercise discretion in the control of any leadership to deter- of Representatives is listening to them the implementation of the Affordable mine whether or not to bring lawsuits. by bringing the ENFORCE the Law Act Care Act. At this time, it is my pleasure to to the floor. I urge its adoption. Mr. GOODLATTE. Mr. Chairman, at yield 21⁄2 minutes to the gentleman Mr. CONYERS. Mr. Chairman, I am this time, it is my pleasure to yield 2 from Texas (Mr. SMITH), a leader of the pleased now to yield 2 minutes to the minutes to the gentleman from Texas House and a former chairman of the distinguished gentleman from Georgia (Mr. POE), a member of the Judiciary Judiciary Committee. (Mr. JOHNSON), a ranking member of a Committee. Mr. SMITH of Texas. First of all, I subcommittee on the House Judiciary Mr. POE of Texas. I thank the chair- want to thank the gentleman from Vir- Committee. man for yielding time. ginia, the chairman of the Judiciary Mr. JOHNSON of Georgia. Mr. Chair- Mr. Chairman, the Constitution and Committee, for yielding me time, and I man, I rise in opposition to H.R. 4138, the laws of the land are not mere sug- want to thank the gentleman from the ENFORCE Act. gestions for any President, whether it South Carolina (Mr. GOWDY) for intro- The ENFORCE Act seeks to diminish is this President, future Presidents, or ducing this bill. the power of the executive branch by Presidents before us; but this adminis- Mr. Chairman, very quickly in order giving Congress the ability to act as an tration, for some reason, continues to to respond to what the gentleman from enforcement agency. enforce laws that Congress passes and Illinois just said, quite frankly, he is As the most do-nothingness House of that have been signed by other Presi- smarter than that. He knows that the Representatives in American history, dents. letter had to do with individual pros- this body doesn’t need any extra re- Despite the constitutional phrase ecutorial discretion, and he knows the sponsibilities, especially that which that the executive will ‘‘faithfully exe- President basically exempted broad would be unconstitutional. The sem- cute the law,’’ the administration ig- categories of individuals and went far inal case of Marbury v. Madison not nores the ‘‘faithful’’ part. He has been beyond individual discretionary pros- only establishes judicial power to re- unfaithful in many cases of executing ecution. view the constitutionality of laws and the laws of the land. The former con- H.R. 4138 authorizes either Chamber actions, but it affirms the fact that we stitutional law professor in the White of Congress to challenge, as an institu- have three separate, coequal branches House said he will rule by pen and tion, the administration’s failure to of government. If there is an issue with phone. faithfully execute the laws, and in ac- the President’s failing to execute the Whatever happened to ruling by the cordance with the constitutional ‘‘sep- laws, the Supreme Court has the au- Constitution? I guess we don’t use that aration of powers’’ doctrine, it protects thority by way of writ of mandamus to anymore. the legislative branch of government compel the President to act. If the administration doesn’t like a from an overreaching Executive. Have my righteously indignant law, the administration ignores the The Obama administration has ig- friends on the other side of the aisle law. If the administration wants to nored laws, failed to enforce laws, un- sought to use that process to check the change a law rather than to go to Con- dermined laws, and changed laws by ex- alleged abuse of authority by the Presi- gress and let us work with the Presi- ecutive orders and administrative ac- dent? dent to amend the law, the President tions. These include laws covering No, they have not. just issues an edict and changes the health care, immigration, marriage, Why haven’t they sued to force this law. drugs, and welfare requirements. Other President to enforce laws that they This has created a constitutional Presidents have issued more executive contend he has refused to implement? nightmare, a constitutional crisis— orders, but no President has issued so They haven’t sued because they know constitutional chaos—because we never many broad and expansive executive that they would not present a truthful know what is going to happen with the orders that have stretched the Con- case. They know that they would lose law of the land. Is it a mere suggestion stitution to its breaking point. the case. They know that this Presi- or is it in concrete? As for not enforcing laws, in 2011, the dent has not exceeded his constitu- b 1445 President instructed the Attorney Gen- tional authority. This is a democracy, not a kingdom. eral of the United States not to defend This legislation is simply a showcase The United States President is not sup- the Defense of Marriage Act in court. for the false narrative that the Repub- posed to be an emperor, and not sup- Recently, the Attorney General de- licans continue to perpetuate upon the posed to rule down from Mount Sinai clared that State attorneys general are American people. That false narrative about what he thinks the law should not obligated to defend laws they be- is that this President is not an Amer- be. lieve are discriminatory. At other ican, that he is not one of us, and that We disagree on whether the President times, the President has decided not to the President is a Communist-Social- has abused that power or not. We will enforce immigration laws as they apply ist, who is doing everything he can to disagree on future Presidents. So what to entire categories of individuals, as I turn this Nation into a Third World do we do about that? just mentioned, and the President has country. That is a false narrative. Our Well, let’s go to court. Let’s resolve decreed a dozen changes to the Afford- Forefathers, by way of the United those issues in a court of law, where able Care Act, also known as States Constitution, have already put the Constitution and the law of the ObamaCare. safeguards in place to ensure that the land is followed, Mr. Chairman. But neither the President nor the At- Executive faithfully executes the laws That is all this bill does. It gets us in torney General, himself, has the con- passed by the legislative branch. the courtroom. It allows us to make stitutional right to make or change The CHAIR. The time of the gen- our case, they make their case on any laws. tleman has expired. particular issue, and then we will let The President and the Attorney Gen- Mr. CONYERS. I yield the gentleman an impartial judge make the decision. eral have a constitutional obligation to an additional 1 minute. I support the legislation. enforce existing laws. If they think a Mr. JOHNSON of Georgia. Mr. Chair- And that’s just the way it is. law is unconstitutional, they should man, I offered an amendment to this Mr. CONYERS. Mr. Chairman, it is wait for the courts to rule. Their opin- patently absurd piece of legislation my pleasure to yield 1 minute to the ions are no substitutes for due process when it was considered by the Judici- distinguished gentlelady from Cali- and judicial review. It is their job to ary Committee. My amendment fornia (Ms. CHU). enforce existing laws, whether they stressed the importance of protecting Ms. CHU. Mr. Chairman, once again, personally like them or not. the delicate balance of power that the Republicans are attempting to restrict Ours is a nation of laws, not a nation Constitution affords the legislative and the President’s constitutional author- of random enforcement. All true re- executive branches. ity of prosecutorial discretion.

VerDate Mar 15 2010 03:03 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.032 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2325 Deferring deportations of DREAMers Ms. JACKSON LEE. Mr. Chair, let the powers of the President, particu- is squarely within the President’s au- me thank the ranking member for his larly President Obama, and my friends thority. It is right there under the Con- kindness, the managers of this legisla- on the other side, although I never at- stitution’s Take Care Clause. tion, and all of my colleagues that tribute any malfeasance or bad inten- The Deferred Action for Childhood have come to the floor to try to seek tions to Members that come on this Arrivals program is legally sound, truth. floor, we never did this with President makes sense, and is the right thing to We have often said, Truth to power. Bush. do. These kids study in our schools. The Constitution is the powerful docu- There was some question about sign- They play in our neighborhoods. They ment that all of us abide by. We take ing statements, and some of us wanted pledge allegiance to our flag. All they an oath of office to do so. to address the question of signing want to do is to continue calling their Going through the markup, as we do statements, but we never decided to be home ‘‘home.’’ in regular order, we as the loyal oppo- able to put on the floor of the House Every day that Republicans stone- sition over and over again try to query the complete abolishment of the pow- wall immigration reform, another 1,100 what was the truth of this legislation, ers of the Presidency. people are deported and families are what was the purpose of it, and how I ask my colleagues to vote down this split up. Instead, the ICE Parental In- was it going to be valid in light of the legislation because it is unconstitu- terest Directive protects the parental Constitution and the powers that are tional. rights of detained parents. It does not inured to the Presidency. The purpose of the bill is to provide a mech- limit immigration enforcement at all. The Presidency has executive powers, anism for one House of Congress to enforce The directive is about family values. and those powers were on the basis of the ‘‘take care’’ clause in article II, section 3 of It is about American values. Bills like his or her ability to work with the the United States Constitution, which requires this waste time while thousands of three branches of government. Now we the President to ‘‘take Care that the Laws be families are separated. This must end have legislation that wants to do a faithfully executed.’’ now. number of things, like abolish the pow- The bill authorizes either chamber of Con- I urge a ‘‘no’’ vote on this bill. ers of the Presidency—abolish them be- gress to bring a civil action against the execu- Mr. GOODLATTE. Mr. Chairman, cause you disagree with policy. tive branch for failure to faithfully execute ex- may I inquire how much time is re- Believe me, all of us would like isting laws. maining on each side? standing to challenge anything. We un- My colleagues on the other side argue that The CHAIR. The gentleman from Vir- derstand that when we made that at- lawsuits by Congress to force the administra- ginia has 11 minutes remaining, and tempt on several occasions, the courts tion to enforce federal laws will prevent the the gentleman from Michigan has 111⁄2 have said, You don’t have standing; it president from exceeding his constitutional au- minutes remaining. is to the people. thority. Mr. GOODLATTE. Mr. Chairman, at So now we want to orchestrate that But the Supreme Court has constantly held this time it is my pleasure to yield 11⁄2 so that rather than the legislative that the exercise of executive discretion being minutes to the gentlewoman from process, which is given to the Congress, taken by President Obama is within the presi- Michigan (Mrs. MILLER), the chairman we desire to go and put ourselves in dent’s powers under the Constitution. of the House Administration Com- place on immigration reform; on pro- But we must uphold the Constitution and mittee. tecting the environment; on questions that is why my amendment which I will hope- Mrs. MILLER of Michigan. I thank of justice, whether it has to be ensur- fully bring before the House shortly, addresses the gentleman for yielding. ing that the election is unimpeded, situations. Mr. Chair, in our Republic, Congress whether it has to do with correcting It is hard to believe that I would even need debates and passes the laws, the Presi- policies that need to be corrected. We an amendment which instructs the Executive dent signs and enforces the law, and now want to get in front of that rather Branch that it is okay to—ENFORCE THE the judicial branch interprets the law. than doing it through the legislative LAW. These checks and balances protect process. If separation-of-powers principles require freedom and prevent the kind of tyr- I am glad my colleagues have spoken anything, it is that each branch must respect anny which our revolution defeated by about immigration, because one of the its constitutional role. keeping any single branch or individual bills that did not come forward was to When a court issues a decision interpreting from gaining too much power. abolish a position that the administra- the Constitution or a federal law, the other Article II, section 3 of the Constitu- tion has every right to utilize dealing branches must abide by the decision. tion says the President ‘‘shall take with advocacy for undocumenteds who The Executive Branch’s ability to fulfill its care that the laws be faithfully exe- are in a detention center who are not obligation to comply with judicial decisions cuted,’’ and not maybe or not if it isn’t charged particularly with criminal should not be hampered by a civil action by really working the way that he would acts. Congress pursuant to this bill. like. It says the President ‘‘shall faith- We already know that there is a veto Basic respect for separation of powers re- fully execute the law.’’ threat, and it is a veto threat not for quires adoption of this amendment. The ENFORCE Act that we are de- the present President of the United But that is exactly what this bill is doing— bating today will simply give a House States but to uphold the Constitution. in seeking to usurp the powers of the presi- of Congress standing in Federal court So the charge is that there is no dent—particularly President Obama—my col- to bring suit to make certain that the trust in this President and there is a league whom I realize was a former pros- President upholds his constitutional violation of the Constitution—I can as- ecutor—has put forth a piece of legislation responsibility to faithfully execute the sure you that people beyond this body which baffles me. law. would raise the issue of constitu- In our Constitutional Democracy, taking care I have been listening to this debate. tionality if it was real. It is not. that the laws are executed faithfully is a multi- If my friends on the other side of the There are some professors who want faceted notion. aisle and the President believe that all to write a variety of law review papers And it is a well-settled principle that our of the actions this administration has and want to talk about how far we are Constitution imposes restrictions on Congress’ taken on ObamaCare are constitu- exceeding our powers. These are purely legislative authority, so that the faithful execu- tional, then they should have no fear, addressing the question of the law and tion of the Laws may present occasions where Mr. Speaker, of giving Congress this making sure that the law is applied the President declines to enforce a congres- standing. fairly. sionally enacted law because he must enforce I would urge all of my colleagues to The CHAIR. The time of the gentle- the Constitution—which is the law of the land. join me in standing up for our Con- woman has expired. In fact Mr. Chair, if the legislation raises no stitution and ensuring that the rule of Mr. CONYERS. I yield the gentlelady question of constitutionality, the laws that we law is followed in our great Nation. an additional 30 seconds. pass in this pose complicated questions, and Mr. CONYERS. Mr. Chairman, it is Ms. JACKSON LEE. I thank the gen- executing them can raise a number of issues with great pleasure I yield 3 minutes to tleman very much. of interpretation, application or enforcement the gentlelady from Texas (Ms. JACK- I will conclude by saying that what that need to be resolved before a law can be SON LEE). this bill is doing is seeking to usurp executed.

VerDate Mar 15 2010 03:03 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\K12MR7.034 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2326 CONGRESSIONAL RECORD — HOUSE March 12, 2014 This bill, H.R. 4138, The ENFORCE Act, As a former U.S. Attorney, I took an Mr. Chairman, we can’t fix the prob- has problems with standing, separation of oath to execute fully my duties. I took lem by ignoring the symptoms. We can- powers, and allows broad powers of discretion this oath very seriously, and that not fix our broken immigration system incompatible with notions of due process. meant following the rule of law, even either with more deportations or spe- The legislation would permit one House of though I disagreed with it. cious constitutional arguments, which Congress to file a lawsuit seeking declaratory It is time to hold the President ac- is exactly what Republicans are at- and other relief to compel the President to countable for violating his oath of of- tempting to do today with the EN- faithfully execute the law. Any such decision fice and restore balance between the FORCE Act. would be reviewable only by the Supreme three branches of government. It is time for Republicans to stop in- Court. I would like to remind my colleagues venting incoherent, self-serving, and These are critical problems. First, Congress that there is an old saying: self-contradictory lines of constitu- is unlikely to be able to satisfy the require- Power corrupts, and absolute power cor- tional reasoning and to start listening ments of Article III standing, which the Su- rupts absolutely. to the millions of voices calling for ac- preme Court has held that the party bringing Just recently, the President was tion and pass comprehensive immigra- suit have been personally injured by the chal- caught on an open mike saying: tion reform. lenged conduct. I’m the President; I can do what I want. Mr. GOODLATTE. Mr. Chairman, it In the wide array of circumstances in which is my pleasure to yield 2 minutes to the bill would authorize a House of Congress My colleagues, I ask you to join me the gentleman from Pennsylvania (Mr. in supporting H.R. 4138, introduced by to sue the president, that House would not ROTHFUS). have suffered any personal injury sufficient to my esteemed colleague on the Judici- Mr. ROTHFUS. Mr. Chairman, in our satisfy Article III’s standing requirement in the ary Committee, Representative TREY exceptional system of government the absence of a complete nullification of any leg- GOWDY. House and Senate pass laws which the islator’s votes. The CHAIR. Members are reminded President must ‘‘take care to faithfully Second, the bill violates separation of pow- to refrain from engaging in personal- execute.’’ This is a bedrock principle of ers principles by inappropriately having courts ities toward the President. our Constitution. address political questions that are left to the Mr. CONYERS. Mr. Chairman, I President Obama has repeatedly ex- other branches to be decided. would like to remind my friend, the ceeded the boundaries of the executive And Mr. Chair I thought the Supreme Court chairman of the Judiciary Committee, powers allowed to him in the Constitu- had put this notion to rest as far back as that subpoenas are a regular exercise tion. We have worked to check this Baker v. Carr, a case that hails from 1962. of power in the House of Representa- overreach in the House, but the Presi- Baker stands for the proposition that courts tives. dent has unilaterally decided to ignore, are not equipped to adjudicate political ques- I yield 1 minute to the gentleman waive, or change laws without author- tions—and that it is impossible to decide such from Illinois (Mr. FOSTER). ization from Congress. questions without intruding on the ability of Mr. FOSTER. Mr. Chairman, I rise Notably, President Obama has re- agencies to do their job. today in opposition to the ENFORCE peatedly created exemptions and de- Third, the bill makes one House of Con- Act. layed provisions to cover for the many gress a general enforcement body able to di- For 20 years, our immigration system broken promises of his health care law. rect the entire field of administrative action by has been left to rot due to congres- The legislation under consideration bringing cases whenever such House deems sional inaction. As a result, today we today will grant the House and Senate a President’s action to constitute a policy of have over 11 million undocumented im- the authority to file suit against the non-enforcement. migrants living in the shadows. This bill attempts to use the notion of sepa- President to simply force him to carry After 20 years of neglect, we finally out his constitutional duty and enforce ration of powers to justify an unprecedented have a commonsense immigration re- effort to ensure that the laws are enforced by the law. form package that has already passed This should not be a partisan issue. the president—and I say one of the least cre- the Senate with bipartisan support and ative ideas I have seen in some time. The ENFORCE Act will protect all has an unprecedented array of support Americans and our system of govern- I ask my colleagues to reject this legislation. from religious groups, law enforce- Mr. GOODLATTE. Mr. Chairman, I ment from overreach by Presidents of ment, and business leaders throughout yield myself 15 seconds to remind those any political party. the country. It is rare to find a subject here that during the time that the Mr. CONYERS. Mr. Chairman, I yield that labor leaders and the Chamber of other party was in the majority, they 2 minutes to the gentlelady from Ne- Commerce can agree on, but both have sued the Bush administration to en- vada (Ms. TITUS). called on Congress to promptly pass force a subpoena related to Harriet Ms. TITUS. I rise today in opposition comprehensive immigration reform. Miers. All we are trying to do is that, to both H.R. 4138, the so-called EN- Speaker BOEHNER and the House Re- when you do that, we make it very FORCE Act, and H.R. 3973, Faithful publican leadership have ignored the clear that there will be an expedited Execution of the Law Act. millions of voices calling for reform, process. b 1500 We have sued to get documents for refusing even to bring it up for a vote. the Fast and Furious matter. That is Now, today, we are preparing to vote These bills reveal a Republican ma- more than 4 years old. on the ENFORCE Act, legislation that jority that is more interested in under- So we are only trying to make this would have the practical effect of rip- mining the President that in serving process of holding up the powers of the ping millions of young men and women the American people. House work better. away from the only home they have These bills could undo the critical At this time I am pleased to yield 2 ever known. actions that President Obama has minutes to the gentleman from Penn- The Deferred Action for Childhood taken to protect DREAMers. DACA sylvania (Mr. MARINO), a member of Arrivals program has allowed countless gives DREAMers, including almost the Judiciary Committee. undocumented youth to remain in the 10,000 who have applied in Nevada, the Mr. MARINO. Mr. Chairman, the U.S. to attend our schools and to con- chance to pursue their American President has shown a complete dis- tribute to our economy. Dream. We should be encouraging these regard for the rule of law. Rather than The CHAIR. The time of the gen- bright young people to explore their upholding and enforcing the laws as tleman has expired. options and develop their talent, not to written by Congress, President Obama Mr. CONYERS. Mr. Chair, I yield the hide away in the shadows. These bills has decided to rewrite them however it gentleman an additional 30 seconds. would take that opportunity away. pleases him. Mr. FOSTER. Instead of fixing our The bills would also undermine an- The United States Constitution, to broken immigration system, Repub- other executive action that gives the which every President swears an oath, licans are doubling down on costly de- undocumented families of military commands that the President: portation and detention practices that members and veterans the chance to shall take care that the laws be faithfully are costing taxpayers millions and stay in the United States as long as executed. tearing families apart. they don’t have a criminal record. Do

VerDate Mar 15 2010 04:41 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A12MR7.010 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2327 we really want to tear apart the fami- ing Assistant Attorney General, Joseph E. Michael Avery on the brief for seventy-four lies of those who serve our Nation? DiGenova, United States Attorney, and concerned law professors, amici curiae. Instead of taking real steps to ad- Leonard Schaitman, Attorney, Department D. Lindley Young on the brief amicus cu- dress the many problems our country of Justice, were on the brief, for Appellees. riae in propria persona. Theodore M. Lieverman, Ira J. Katz, and Gregory G. Katsas, Deputy Assistant At- faces, we are wasting time with these Alan Dranitzke, were on the brief for Amici torney General, with whom Robert D. cheap political gimmicks, these sham Curiae National Lawyers Guild, et al., urging McCallum, Jr., Assistant Attorney General, constitutional arguments. So I would reversal. Michael J. Sullivan, United States Attorney, urge my colleagues to reject those and Daniel J. Popco and Paul D. Kamenar, Douglas N. Letter, Attorney, Civil Division, to vote against these harmful, uncon- were on the brief for Amici Curiae U.S. Sen- Scott R. McIntosh, Attorney, Civil Division, stitutional bills. ators Strom Thurmond, et al., urging affirm- and Teal Luthy, Attorney, Civil Division, Mr. GOODLATTE. Mr. Chairman, ance. were on the brief, for appellees. may I inquire how much time is re- Judges: Tamm, Wald, and Bork, Circuit Judges: Before Lynch, Circuit Judge, Cyr Judges. Opinion for the court filed by Circuit and Stahl, Senior Circuit Judges. maining on each side? Judge Tamm. Opinion by: Lynch. The Acting CHAIR (Mr. DUNCAN of Opinion by: Tamm. Opinion: [*134] Lynch, Circuit Judge. Tennessee). The gentleman from Vir- Opinion: [*1125] Tamm, Circuit Judge: Plaintiffs are active-duty members of the ginia has 63⁄4 minutes remaining. The This is an appeal from the dismissal, 578 F. military, parents of military personnel, and gentleman from Michigan has 5 min- Supp. 324, of a suit brought by eleven mem- members of the U.S. House of Representa- utes remaining. bers of the United States House of Rep- tives. They filed a complaint in district Mr. GOODLATTE. Mr. Chairman, I resentatives challenging [**2] as unconstitu- court . . . tional the military invasion of Grenada in yield myself 1 minute. [From LexisNexis] I want to respond to my good friend October of 1983. Because the actions com- plained of have long since ended, we dismiss Honorable John Conyers, Jr., et al., and the ranking member of the com- the appeal as moot. Plaintiffs, v. George W. Bush, et al., mittee, Mr. CONYERS, regarding his I. Background Defendants. comment about lawsuits brought with A. The Invasion of Grenada regard to a subpoena when the Demo- On October 25, 1983, United States military Case No. 06-11972 crats were in the majority. forces invaded the island nation of Grenada. United States District Court for the Eastern I also want to point out, and I will At the time of the invasion, the political sit- District of Michigan, Southern Division ask at the appropriate time that the uation in Grenada was unstable: Prime Min- 2006 U.S. Dist. Lexis 80816 first page, since it is voluminous, and ister Maurice Bishop and other government November 6, 2006, Decided officials had been assassinated on October 19, Counsel: [*1] For John Conyers, Jr., John only the first page of each of four law- political power had been seized by a newly D. Dingell, Honorable, Representing Michi- suits that were brought by the gen- established Revolutionary Military Council gan’s 15th District, Charles B. Rangel, Rep- tleman from Michigan against three under the leadership of Army Commander resenting New York’s 15th district, George separate Presidents, Ronald W. General Hudson Austin, and a 24-hour curfew Miller, Honorable, Representing California’s had been declared. President Reagan stated Reagan, George W. Bush, and interest- 7th District, James L. Oberstar, Honorable, that he [*1126] ordered the invasion to pro- ingly, Barack Obama, be inserted into Representing Minnesota’s 8th District, Bar- tect innocent lives, including approximately the RECORD. ney Frank, Honorable, Representing Massa- 1,000 Americans living in Grenada, to prevent I would only point out that this leg- chusetts’ 4th District, Collin C. Peterson, further chaos and to assist in restoring law Honorable, Representing Minnesota’s 7th islation simply—when there is con- and order and government institutions to District, Bennie Thompson, Honorable, Rep- sensus, as there was not in those cases Grenada. because only a few other Members resenting Mississippi’s 2nd District, Fortney Pete Stark, Honorable, Representing Califor- joined the gentleman, but when there [From LexisNexis] nia’s 13th District, Sherrod Brown, Honor- is consensus in an entire body, the John Doe I, John Doe II, John Doe III, John able, Representing New York’s 29th District, House or the Senate votes to bring a Doe IV, Jane Doe I, Susan E. Schumann, Louise M. Slaughter, Honorable, Rep- lawsuit, that this would do two things. Charles Richardson, Nancy Lessin, Jeffrey resenting New York’s 28th District, Plain- It would expedite that process, so we McKenzie, John Conyers, Dennis Kucinich, tiffs: Mayer Morganroth, Lead Attorney, don’t have it drag on for years and Jesse Jackson, Jr., Sheila Jackson Lee, Morganroth and Morganroth, Southfield, MI. years like the Fast and Furious case Jim McDermott, Jose E. Serrano, Sally For George W. Bush, President of the Wright, Deborah Regal, Alice Copeland United States, Mike Johanns, Secretary of has been dragging on, and it would also Brown, Jerrye Barre, James Stephen make sure that only the standing the Department of Agriculture, Carlos Cleghorn, Laura Johnson Manis, Shirley H. Guiterrez, Secretary of the Department of issues that are in the United States Young, Julian Delgaudio, Rose Delgaudio, Commerce, Margaret Spellings, Secretary of Constitution would be a bar to bringing Danny K. Davis, Maurice D. Hinchey, Caro- the Department of Education, Michael O. the lawsuit, and not court-adminis- lyn Kilpatrick, Pete Stark, Diane Watson, Leavitt, Secretary of the Department of tered, court-created standing issues. Lynn C. Woolsey, Plaintiffs, Appellants, v. Health and Human Services, Michael So I urge my colleagues again to sup- George W. Bush, President, Donald H. Chertoff, Secretary of the Department of port the legislation. Rumsfeld, Secretary of Defense, Homeland Security, Alphonso Jackson, Sec- Defendents, Appellees. [From LexisNexis] retary of the [*2] Department of Housing and No. 03–1266 Urban Development, Norman Mineta, Sec- John Conyers, Member, United States House retary of the Department of Transportation, of Representatives, et al., Appellants v. United States Court of Appeals for the First Circuit John Snow, Secretary of the Treasury, Brad- RONALD WILSON REAGAN, individually, ley D. Belt, Executive Director, Pension Ben- 323 F.3d 133; 2003 U.S. App. Lexis 4477 and as President of the United States, et efit Guaranty Corporation, Leonidas Ralph al. March 13, 2003, Decided Mecham, Director, Administrative Office of No. 84–5171 Subsequent History: As Amended March 18, the United States Courts; Defendants: Brian United States Court of Appeals for the 2003. G. Kennedy, U.S. Department of Justice District of Columbia Circuit Rehearing denied by Doe v. Bush, 322 F.3d (Civil Division), Washington, DC. 765 F.2d 1124; 246 U.S. App. D.C. 371; 1985 U.S. 109, 2003 U.S. App. Lexis 4830 (1st Cir., Mar. For John F. Bovenzi, Chief Operating Offi- App. Lexis 30754 18, 2003) cer, Federal Deposit Insurance Corporation, Prior History: [**1] Appeal from the United Thomas Holzman, Lead Attorney, Federal January 18, 1985, Argued States District Court for the District of Mas- Deposit Insurance Corp (Arlington), Arling- June 28, 1985 sachusetts. Hon. Joseph L. Tauro, U.S. Dis- ton, Va. Prior History: [**1] Appeal from the United trict Judge. Judges: Honorable Nancy G. Edmunds, States District Court for the District of Co- Doe v. Bush, 240 F. Supp. 2d 95, 2003 U.S. United States District Judge. lumbia (D. C. Civil Action No. 83–3430) Dist. Lexis 3451 (D. Mass., 2003) Opinion by: Nancy G. Edmunds. Counsel: Margaret A. Burnham, a member Doe v. Bush, 257 F. Supp. 2d 436, 2003 U.S. Opinion: Order Granting Defendants’ Mo- of the bar of the Supreme Court of Massa- Dist. Lexis 2773 (D. Mass., 2003) tions to Dismiss [17, 18] chusetts, pro hac vice, by special leave of Disposition: Affirmed. This matter comes before the Court on De- court, with whom Michael D. Ratner, Frank Counsel: John C. Bonifaz, with whom Cris- fendants’ motions to dismiss, brought pursu- E. Deale, John W. Garland, and William tobal Bonifaz, Law Offices of Cristobal ant to Rules 12(b)(1) and 12(b)(6) of the Fed- Genego, were on the brief, for Appellants. Bonifaz, Margaret Burnham, Max D. Stern, eral Rules of Civil Procedure. Defendants’ John M. Rogers, Attorney, Department of and Stern Shapiro Weissberg & Garin were motions argue that Plaintiffs do not have Justice, with whom, Richard K. Willard, Act- on the brief, for appellants. standing to bring this lawsuit; and, even if

VerDate Mar 15 2010 04:41 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.036 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2328 CONGRESSIONAL RECORD — HOUSE March 12, 2014 they did, the ‘‘enrolled bill rule’’ announced I also am curious about this notion of Immigration Act in faithful enforce- in Marshall Field & Co. v. Clark, 143 U.S. 649, prosecutorial discretion. I am curious, ment of the law to prevent Cubans 12 S. Ct. 495, 36 L. Ed. 294 (1892), forecloses even though I was a prosecutor for 16 from being deported back to Cuba since Plaintiffs’ from [*3] stating a claim for the years. I guess I am curious, Mr. Chair- John F. Kennedy was President of the relief they seek. For the reasons discussed below, Defendants’ motions are Granted. man, as to whether there are any limi- United States. tations on this thing they call prosecu- For the majority to suggest that [From LexisNexis] torial discretion. keeping the wives of American soldiers Dennis Kucinich, et al., Plaintiffs, v. Barack Can the President refuse to enforce who were under fire in Afghanistan Obama, et al., Defendants. discrimination laws under that same from being deported is, and I quote, Civil Action No. 11-1096 (RBW) theory of prosecutorial discretion? ‘‘an unlawful extension of parole in United States District Court for the District Can the President refuse to enforce place,’’ I think it is a truly shocking, of Columbia election laws under that same theory and I would say, very distressing and 821 F. Supp. 2d 110; 2011 U.S. Dist. Lexis of prosecutorial discretion? disturbing phenomenon. We knew that 121349 Mr. Chairman, how about term lim- the majority wanted to deport the October 20, 2011, Decided its? Do we have to have an election in DREAM Act kids because they voted October 20, 2011, Filed November? for the King amendment last year. Counsel: [**1] For Dennis Kucinich, Mem- I mean, if he is well-intentioned, as When Democrats took the DREAM Act ber, U.S. House of Representatives, Ron long as his heart is in the right place, up for a vote, all but eight voted Paul, Member, U.S. House of Representa- if you can suspend other categories of against it. tives, Timothy V. Johnson, Member, U.S. laws, why not? But that you want to deport the House of Representatives, John J. Duncan, If prosecutorial discretion is as broad wives of American soldiers in Afghani- Jr., Member, U.S. House of Representatives, as our colleagues on the other side of stan, I am sorry, is a new low. Howard Coble, Member, U.S. House of Rep- the aisle want us to believe it is, are resentatives, Dan Burton, Member, U.S. CONGRESS OF THE UNITED STATES, House of Representatives, Michael E. Capu- there any limits, Mr. Chairman, to this HOUSE OF REPRESENTATIVES, ano, Member, U.S. House of Representatives, thing they call prosecutorial discre- Washington, DC, July 9, 2010. Roscoe Bartlett, Member, U.S. House of Rep- tion? Hon. JANET NAPOLITANO, resentatives, John Conyers, Jr., Member, There are laws that prohibit conduct, Secretary of Homeland Security, Department of U.S. House of Representatives, Walter B. like laws against possession of child Homeland Security, Washington, DC. Jones, Member, U.S. House of Representa- pornography. There are laws that re- DEAR SECRETARY NAPOLITANO: We write to tives, Plaintiffs: Jonathan Turley, Lead At- quire conduct, like filing a tax return commend your attention to a May 8, 2010 New York Times article entitled, ‘‘Illegal torney, George Washington Law School, in April. Is the Chief Executive equally Washington, DC. Status of Army Spouses Often Leads to For Barack Hussein Obama, II, President capable of suspending both categories Snags.’’ It describes the struggle of U.S. of the United States of America, Robert of law, Mr. Chairman? Is he? Army Lt. Kenneth Tenebro to serve his Gates, Secretary of Defense, Defendants: Can he suspend those that require country while at the same time navigating a Eric R. Womack, Lead Attorney, U.S. De- conduct as well as those that prevent complex immigration system that has, thus partment of Justice, Washington, DC. conduct? far, failed to grant legal immigration status Judges: Reggie B. Walton, United States I am just trying to get an idea of for his wife, Wilma. District Judge. what limits, if any, exist to this thing The article explains that Lt. Tenebro, Opinion by: Reggie B. Walton. served one tour of duty in Iraq, dodging Opinion: [*112] Memorandum Opinion you call prosecutorial discretion. Is case in which the plaintiffs, ten mem- Hearing none, Mr. Chairman, I know roadside bombs, and he would like to do an- bers of the United States House of Rep- a little bit about it. It is case by case. other. But throughout that first mission, he resentatives, filed a five-claim complaint It is on the facts. It is not the whole- harbored a fear he did not share with anyone in the military. Lieutenant Tenebro worried against the defendants alleging, among other sale refusal to enforce the law. things, violations of the War Powers Clause that his wife, Wilma, back home in New Mr. CONYERS. Mr. Chairman, I yield York with their infant daughter, would be of the United States Constitution, U.S. 2 minutes to the gentlewoman from Const. art. I, § 8, cl. 11, [**2] and the War deported. Powers Resolution, 50 U.S.C. §§ 1541–1548 California (Ms. LOFGREN). Although Lt. Tenebro would like to con- (2006), is before the Court on the defendants’ Ms. LOFGREN. Mr. Chairman, this tinue deploying for combat, today he does motion to dismiss. For the reasons explained legislation isn’t just about bringing a not volunteer for deployment for fear of los- below, the defendants’ motion will be grant- lawsuit. I think it is important to note ing his wife to deportation and because he ed. on page 13, 14 of the committee report, does not know what would happen to his 1 In deciding the defendants’ motion, the item 3, it says, unlawful extension of three-year-old daughter while he is away on Court considered the following filings made parole in place. a military mission. by the parties: the Complaint for Injunctive I think that shows what the majority Lt. Tenebro is not alone. Many soldiers are and Declaratory Relief (‘‘Compl.’’); the unable to secure legal immigration status Memorandum in Support of Defendants’ Mo- thinks about that, and shockingly for their family members, even as they risk tion to Dismiss (‘‘Defs.’ Mem.’’); the Plain- enough, that is the action that was their lives for our country. Some have testi- tiffs’ Memorandum of Points and Authorities taken by the President pursuant to ex- fied before Congress about their own stories in Opposition to Defendants’ Motion to Dis- press statutory authority, section and those of fellow soldiers they seek to as- miss (‘‘Pls.’ Opp’n’’); and the Reply in Sup- 212(d)(5) of the Immigration and Na- sist. port of Defendants’ Motion to Dismiss tionality Act, to allow the wives of This is not only an issue of keeping U.S. (‘‘Defs.’ Reply’’). American soldiers to not be deported. citizen families together. It is a military I. Background In July of 2010, a letter was sent to readiness issue. After 33 years of service, Re- 2 Because the defendants’ motion to dis- tired Lieutenant General Ricardo Sanchez, a miss raises purely legal questions, the Court the Department signed by nine Demo- former commander of ground forces in Iraq, will only briefly describe the facts under- crats and nine Republicans. I will in- stated in a 2008 letter to the House Com- lying this lawsuit. sert the letter into the RECORD. And we mittee on the Judiciary, ‘‘We should not con- Viewed in the light most favorable to the said this: tinue to allow our citizenship laws and im- plaintiffs, the facts currently before the Although many of the immigration issues migration bureaucracy to put our war-fight- Court are as follows. On . . . experienced by our men and women in uni- ing readiness at risk.’’ He explained: Mr. Chairman, I yield 2 minutes to form require legislative action, Congress has As a battlefield commander, the last thing the gentleman from South Carolina already given you tools to provide some re- I needed was a soldier to be distracted by sig- (Mr. GOWDY). lief to these brave soldiers and their fami- nificant family issues back home. Resolving Mr. GOWDY. Mr. Chairman, I want to lies. citizenship status for family members while thank Chairman GOODLATTE. We urged them to consider deferred serving our country, especially during com- I also want to thank my friend and action, to favorably exercise parole au- bat, must not be allowed to continue de- colleague from the great State of thority for close family members and tracting from the readiness of our forces. When soldiers have to worry about their South Carolina, Mr. TOM RICE, whose to forbear from initiating removal in families, individual readiness falters—which legal research and expertise and acu- certain cases. can lead to degradation in unit effectiveness men and leadership is one of the rea- Now, this is nothing new. We have and the risk of mission failure. I have persons we are here today. used parole authority pursuant to the sonally witnessed this on the battlefield.

VerDate Mar 15 2010 04:46 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A12MR7.012 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2329 Although many of the immigration issues This should not be a partisan issue egory of businesses and exempts them experienced by our men and women in uni- but, instead, should focus on restoring from their responsibility under the form require legislative action, Congress has the proper role of the executive to en- law; already given you tools to provide some re- sure that the laws of Congress that are letters such as this one, which ac- lief to these brave soldiers and their families. We hope that you will use all the power passed are faithfully executed. knowledges that people are having at your disposal to assist Lt. Tenebro and I urge my colleagues to join me in their health insurance terminated other soldiers, veterans, and their close fam- support of this legislation which re- under ObamaCare, in violation of the ily members to attain durable solutions. For stores the balance of power to our gov- President’s promise that ‘‘if you like example, DHS can join in motions to reopen ernment and preserves the foundation your health care plan, you can keep cases where there may be legal relief avail- of our Constitution. it,’’ and then claims to suspend the able; consider deferred action where there is Mr. CONYERS. Mr. Chairman, I am law’s insurance requirement to a date no permanent relief available but significant prepared to close if the other side is uncertain. equities exist, such as deployment abroad; ready. This one letter alone suspends the favorably exercise its parole authority for Mr. GOODLATTE. Mr. Chairman, we close family members that entered without application of eight key provisions of inspection; forbear from initiating removal have only one closing speaker remain- ObamaCare, namely, those requiring in certain cases where equities warrant exer- ing, so if the gentleman is prepared to fair health insurance premiums, guar- cise of prosecutorial discretion; and, other close, we will close right after. anteeing the availability of coverage, tools that would ease the burden for soldiers Mr. CONYERS. Mr. Chairman, I yield guaranteeing renewable coverage, pro- suffering from immigration-related problems myself the balance of my time. hibiting exclusions for preexisting con- Ladies and gentlemen, let’s acknowl- to the extent that the current law allows. Of ditions, prohibiting discrimination course, we expect that you will continue to edge that this legislation is really an- based on health status and others. conduct all necessary national security and other attempt by some of the Members Why is this being done? criminal background checks before providing here in the majority to prevent the To delay the terrible consequences of relief in any case. President of the United States from As this country is engaged in two wars in ObamaCare until after the next elec- implementing duly-enacted legislative Iraq and Afghanistan, we must do everything tion. As this headline from The Hill initiatives that they oppose. It is rath- we can to address the immigration needs of newspaper announced just last week: er unusual. our soldiers. As Lt. Gen. Sanchez stated, ‘‘New ObamaCare delay to help mid- But I want to ask my colleagues, It matters greatly that those who fight for term Dems: Move will avoid friends, when is enough enough? this country know that America values their cancelation wave before Election Day.’’ sacrifices. As leaders, it is our duty to sus- At what point can we say, it is time tain the readiness, morale and war-fighting to put away rhetoric of a partisan na- These actions are not supported by spirit of our warriors. We must not fail them ture, of demagoguery, and of synthetic the United States Constitution. It is for America’s future depends on their sac- scandals and start really working on time for Congress and the judiciary to rifices and their willingness to serve. the issues that many people in this act. This bill would empower the Con- Thank you for your attention to this mat- country really want solutions to? gress and the judiciary to remind the ter. We look forward to your immediate re- We have constituents, and so do you, President that ours is a system of gov- sponse. that are waiting for us to take action ernment consisting of three separate, Sincerely, on a host of problems that this House coequal branches, not one-branch con- Zoe Lofgren; John Conyers, Jr.; Mac trol of our government. Thomberry; Mike Pence; Howard Ber- refuses to address, from securing fair man; Silvestre Reyes; Solomon Ortiz; pay for a fair day’s work, to extending Support the ENFORCE the Law Act, David Price; Henry Cuellar; Xavier unemployment insurance, and also in and restore the constitutional basis for Becerra; Susan Davis; Ileana Ros- the Judiciary Committee, fixing our the American system of government Lehtinen; Sam Johnson; Michael Tur- broken immigration laws. So let’s put and the rule of law. ner; Adam Putnam; Lincoln Diaz- aside some of the business that has Mr. Chairman, I yield back the bal- Balart; Mario Diaz-Balart; Anh ‘‘Jo- gone on here today and finally get to ance of my time. seph’’ Cao. work. b 1515 Mr. GOODLATTE. Mr. Chairman, at Mr. Chairman, I yield back the bal- this time I yield 1 minute to the gen- ance of my time. The Acting CHAIR. All time for gentleman from Virginia (Mr. HURT). Mr. GOODLATTE. Mr. Chairman, I eral debate has expired. Mr. HURT. Mr. Chair, I thank the yield myself the balance of my time. Pursuant to the rule, the bill shall be chairman for yielding, and I thank the This House has passed close to 200 considered for amendment under the gentleman from South Carolina for his bills that are piled up in the United 5-minute rule. leadership on this issue. States Senate that create jobs, that It shall be in order to consider as an Mr. Chairman, I rise in support of the promote domestic energy production, original bill for the purpose of amend- ENFORCE Act which reins in the grow- that reform our out-of-control Federal ment under the 5-minute rule an ing problem of executive overreach in regulatory process in this country, but amendment in the nature of a sub- this administration, and helps reestab- it is also well worth taking our time to stitute consisting of the text of Rules lish the checks and balances inherent protect this institution’s prerogatives Committee Print 113–43. That amend- in our Constitution. and the people. ment in the nature of a substitute shall Our founders crafted a Constitution Here in the people’s House, we rep- be considered as read. with limited and enumerated powers resent the interests of the people of The text of the amendment in the na- for the three branches of government. this country, and to uphold the powers, ture of a substitute is as follows: Unfortunately, executive branch over- the article I powers of the House, is vi- H.R. 4138 reach, especially into the prerogatives tally important. Be it enacted by the Senate and House of Rep- of the legislative branch, has signifi- The Constitution provides that ‘‘all resentatives of the United States of America in cantly increased in recent years. legislative powers herein granted shall Congress assembled. This overreach is so significant that be vested in a Congress of the United SECTION 1. SHORT TITLE. this administration has not only ig- States.’’ This Act may be cited as the ‘‘Executive Needs nored and undermined statutory re- Yet, the current administration has to Faithfully Observe and Respect Congres- quirements, it has effectively made law unilaterally sought to rewrite the law, sional Enactments of the Law Act of 2014’’ or without congressional consent. not by working with the people’s elect- the ‘‘ENFORCE the Law Act of 2014’’. While the executive branch undoubt- ed representatives, but through: SEC. 2. AUTHORIZATION TO BRING CIVIL ACTION edly has great powers, the Constitution blog posts like this one, which re- FOR VIOLATION OF THE TAKE CARE expressly prohibits it from picking and moves penalties for employers who CLAUSE. choosing which laws it will enforce. If (a) IN GENERAL.—Upon the adoption of a res- would otherwise be required to provide olution of a House of Congress declaring that the constitutional limits on executive insurance coverage for their employ- the President, the head of any department or power are simply being ignored, it is up ees; agency of the United States, or any other officer to Congress to demand accountability regulatory ‘‘fact sheets’’ like this or employee of the United States has established on behalf of the American people. one, which creates an entirely new cat- or implemented a formal or informal policy,

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4634 Sfmt 6333 E:\CR\FM\A12MR7.014 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2330 CONGRESSIONAL RECORD — HOUSE March 12, 2014 practice, or procedure to refrain from enforcing, (1) combat discrimination; or I urge my colleagues on both sides of applying, following, or administering any provi- (2) protect the civil rights of the people of the aisle to please consider the unin- sion of a Federal statute, rule, regulation, pro- the United States. tended consequences of the legislation gram, policy, or other law in violation of the re- The Acting CHAIR. Pursuant to before us. It would not only represent a quirement that the President take care that the House Resolution 511, the gentleman laws be faithfully executed under Article II, sec- permanent stain on the principle of tion 3, clause 5, of the Constitution of the from Michigan (Mr. CONYERS) and a separation of powers written by our United States, that House is authorized to bring Member opposed each will control 5 Founding Fathers into the Constitu- a civil action in accordance with subsection (c), minutes. tion, but it would make it far more dif- and to seek relief pursuant to sections 2201 and The Chair recognizes the gentleman ficult to protect our citizens’ civil 2202 of title 28, United States Code. A civil ac- from Michigan. rights and other constitutional protection brought pursuant to this subsection may be Mr. CONYERS. Mr. Chairman, ladies tions. brought by a single House or both Houses of and gentlemen of the House, my Accordingly, I urge a ‘‘yes’’ vote to Congress jointly, if both Houses have adopted amendment would exclude actions to protect civil rights, and I yield back such a resolution. combat discrimination and protect the balance of my time. (b) RESOLUTION DESCRIBED.—For the purposes of subsection (a), the term ‘‘resolution’’ means civil rights enforcement from the scope Mr. GOODLATTE. Mr. Chairman, I only a resolution— of this bill before us. rise in opposition to the amendment. (1) the title of which is as follows: ‘‘Relating The last thing we should want to do The Acting CHAIR. The gentleman to the application of Article II, section 3, clause as a Congress is to pass legislation that from Virginia is recognized for 5 min- 5, of the Constitution of the United States.’’ makes it more difficult to protect our utes. (2) which does not have a preamble; and citizens’ civil rights, by executive ac- Mr. GOODLATTE. Mr. Chairman, I (3) the matter after the resolving clause which tion or otherwise; yet if H.R. 4138 had oppose this amendment, as it would is as follows: ‘‘That lllllll has failed to been law, several of the most critical allow the President to rewrite the civil meet the requirement of Article II, section 3, rights laws on his own without any ac- clause 5, of the Constitution of the United civil rights milestones of our Nation would have been subject to unneces- countability in court. States to take care that a law be faithfully exe- The amendment, if adopted, would cuted, with respect to lllllllll.’’ (the sary congressional challenge in the blank spaces being appropriately filled in with courts. literally provide that nothing in the the President or the person on behalf of the In 1863, President Abraham Lincoln bill shall affect any action taken by President, and the administrative action in issued perhaps the most important ex- the President or by the head of an question described in subsection (a), respec- ecutive order in our Nation’s history, agency or, indeed, any action taken by tively). the Emancipation Proclamation; and ‘‘any other officer or employee of the (c) SPECIAL RULES.—If the House of Rep- United States,’’ with regards to the by this order, Lincoln freed the slaves resentatives or the Senate brings a civil action protections provided under the civil in those southern States that were en- pursuant to subsection (a), the following rules rights laws. shall apply: gaged in military conflict with the If adopted, this amendment would (1) The action shall be filed in a United States Union. immunize from accountability in court district court of competent jurisdiction and shall By doing so, Lincoln not only encour- be heard by a 3-judge court convened pursuant this President and any President and aged slaves to take up arms in fighting other Federal employees when they fail to section 2284 of title 28, United States Code. the Civil War for the Union, he also (2) A final decision in the action shall be re- to enforce the civil rights laws, as writ- viewable only by appeal directly to the Supreme struck a blow for freedom that reso- ten. Court of the United States. Such appeal shall be nated around the world. What if a President decides that cer- taken by the filing of a notice of appeal within By issuing the order, however, Presi- tain groups should not be protected 10 days, and the filing of a jurisdictional state- dent Lincoln made a decision to not en- under the civil rights laws and fails to ment within 30 days, of the entry of the final force then-existing laws, protecting the enforce those laws to protect certain decision. institution of slavery, including the (3) It shall be the duty of the United States groups? Federal Fugitive Slave Act. Indeed, what if any entry-level em- district courts and the Supreme Court of the Clearly, history has shown Lincoln’s United States to advance on the docket and to ployee of the Federal Government de- expedite to the greatest possible extent the dis- decision to be not only a legal and a cides the civil rights laws should not be position of any such action and appeal. military turning point, but morally enforced to protect certain groups that The Acting CHAIR. No amendment correct; and clearly, had the so-called are protected under the clear terms of to that amendment in the nature of a ENFORCE Act been law, the Emanci- the civil rights laws? substitute shall be in order except pation Proclamation could have been This amendment, if adopted, would those printed in part A of House Report subject to an unnecessary and immunize the President or any entry- 113–378. Each such amendment may be unhelpful legal challenge in the courts level employee of the executive branch offered only in the order printed in the from the Congress. from accountability. report, by a Member designated in the Another example is President Tru- In fact, this amendment stands for report, shall be considered read, shall man’s Executive Order 9981 issued in the very policy this bill opposes. This be debatable for the time specified in 1948 that desegregated the United bill provides for holding accountable the report, equally divided and con- States military. With more than 125,000 the President or any other Federal em- trolled by the proponent and an oppo- African Americans serving overseas in ployee whenever they fail to faithfully nent, shall not be subject to amend- World War II, this was a worthwhile execute the law. ment, and shall not be subject to a de- and appropriate action by the Presi- This amendment, in stark contrast, mand for division of the question. dent. would prevent the Federal courts from Nevertheless, by issuing this order, ordering the President and other Fed- AMENDMENT NO. 1 OFFERED BY MR. CONYERS Truman contravened the then-military eral officials to enforce the civil rights The Acting CHAIR. It is now in order policy of segregating certain African laws when they are failing to faithfully to consider amendment No. 1 printed in American military units from white execute them. part A of House Report 113–378. units. It was a sad day when Members of Mr. CONYERS. Mr. Chairman, I have Again, had this bill before us been this House stood up and applauded this an amendment at the desk. law, it would have permitted an unnec- President when he said, during his The Acting CHAIR. The Clerk will essary congressional legal challenge in State of the Union Address, that he designate the amendment. the courts, and such a challenge would would seek to circumvent Congress The text of the amendment is as fol- not have been politically unpopular in when the people’s duly elected Rep- lows: many quarters. resentatives oppose his proposals and Add, at the end of the bill, the following: Remember that 1948 was the year when a senior member of the Senate (d) LIMITATION.—Nothing in this Act limits that Strom Thurmond bolted from the called for the President to unilaterally or otherwise affects any action taken by the President, the head of a department or agen- Democratic Party to form the Dixie- stop enforcing the law against certain cy of the United States, or any other officer crats and went on to carry four States individuals if legislation is not passed or employee of the United States in order and strongly compete in many others by September, as Senator SCHUMER did to— in the Presidential election. last Thursday.

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A12MR7.015 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2331 It is another sad day when an amend- AMENDMENT NO. 2 OFFERED BY MR. NADLER implementation of a law or the routine ment is offered to explicitly shield the The Acting CHAIR. It is now in order exercise of criminal or civil enforce- President or any other Federal em- to consider amendment No. 2 printed in ment powers to constitute a violation ployee from accountability when their part A of House Report 113–378. of the Take Care Clause. actions are not authorized by the laws Mr. NADLER. Mr. Chairman, I have The fact is that courts likely will enacted by the people’s elected Rep- an amendment at the desk. refuse jurisdiction over lawsuits resentatives. The Acting CHAIR. The Clerk will brought by Congress against a Presi- The President should not be above designate the amendment. dent because H.R. 4138 violates bedrock the law; and by that, I mean any law, The text of the amendment is as fol- principles of constitutional law. not the least of which are the civil lows: The Supreme Court has long recog- rights laws of the United States. Add, at the end of the bill, the following: nized that the Take Care Clause vests Because this amendment would cod- (d) LIMITATION.—Nothing in this Act limits the President with ‘‘broad’’ discretion ify the terrible policy of allowing a or otherwise affects the constitutional au- to determine when, against whom, President carte blanche to enforce or thority of the executive branch to exercise how, and even whether to prosecute ap- not enforce the civil rights laws as he prosecutorial discretion. parent violations of the law. deems fit, it should be opposed by The Acting CHAIR. Pursuant to In Heckler v. Chaney, for example, every Member of this body, especially House Resolution 511, the gentleman the Court confirmed this core principle those who would like to see the civil from New York (Mr. NADLER) and a when it recognized that: rights laws protect everyone, as they Member opposed each will control 5 An agency’s refusal to institute pro- are written. minutes. ceedings shares to some extent the charac- Mr. NADLER. Will the gentleman The Chair recognizes the gentleman teristics of the decision of a prosecutor in yield? from New York. the executive branch not to indict—a deci- Mr. GOODLATTE. I would be happy sion which has long been regarded as the spe- Mr. NADLER. Mr. Chairman, I yield cial province of the executive branch, inas- to yield to the gentleman from New myself such time as I may consume. much as it is the Executive who is charged York. Mr. Chairman, my amendment adds a by the Constitution to ‘‘take care that the Mr. NADLER. I thank the gentleman. new section to the bill to ensure that laws be faithfully executed.’’ Isn’t it true, sir, that the language the President retains the well-estab- The injection of Congress and the that you read from the amendment lished constitutional authority to exer- courts into decisions that the Constitu- says ‘‘nothing in this bill’’? It means cise prosecutorial discretion when en- tion squarely commits to the Presi- that if the amendment were passed, the forcing our laws. dent’s discretion raises significant sep- ability of the Congress or the courts to H.R. 4138 would empower either the aration of powers concerns. It also lies enforce the law against the President House or the Senate to file a lawsuit beyond the purview of the courts to ac- would be exactly the same as if the bill whenever one House disagrees with cept any such case under the Supreme didn’t pass, so it wouldn’t immunize how the executive branch is imple- Court’s political question jurispru- the President from the current law. menting a law. The bill applies to en- dence. It would immunize him from what- forcement decisions made by any offi- In Baker v. Carr, the Supreme Court ever new thing the bill would do, but cer or employee of the United States, made clear that the courts cannot and not from the current law and whatever thus reaching into every decision will not interfere in matters that the ability the courts have to restrain the across hundreds of thousands of ‘‘Fed- Constitution commits to a coordinate President from not enforcing civil eral statutes, rules, regulations, pro- branch of government. rights laws right now. grams, policies, or other laws.’’ My amendment seeks to mitigate Mr. GOODLATTE. Reclaiming my H.R. 4138 is a practical nightmare. It H.R. 4138’s unconstitutional encroach- time, the amendment is clear that it invites endless costly litigation over ment into the President’s authority to would prohibit the language of the bill policy disagreements that do not raise faithfully execute the law by adding a from bringing a lawsuit when the any legitimate constitutional con- new subsection (d) to ensure that noth- President fails to enforce the civil cerns. We need look no further than ing in H.R. 4138 ‘‘limits or otherwise af- rights laws. the examples cited by the sponsors of fects the clearly established constitu- Mr. Chairman, I oppose the amend- this bill to see that this is true. tional authority of the executive ment, and I yield back the balance of Far from representing a violation of branch to exercise prosecutorial discre- my time. the Take Care Clause, President tion.’’ The Acting CHAIR. Members are re- My amendment cures one of H.R. minded to address their remarks to the Obama’s decision to delay—not to refuse—enforcement of various dead- 4138’s many constitutional infirmities. Chair. I urge all of my colleagues to support Mr. SESSIONS. Mr. Chair, as chair of the lines under the Affordable Care Act are reasonable implementation decisions it. Committee on Rules, I want to take a moment I reserve the balance of my time. to address the procedural status of the resolu- that are designed to ensure the ulti- Mr. GOODLATTE. Mr. Chairman, I tions discussed in this measure. It is my un- mate success of the President’s signa- rise in opposition to the amendment. derstanding that the resolutions contemplated ture law. Delaying implementation of a The Acting CHAIR. The gentleman by H.R. 4138 would not be privileged or other- complex law is not unusual. from Virginia is recognized for 5 min- wise subject to expedited procedures in the Similarly, the administration’s set- utes. House. Because there would be no procedural ting of immigration enforcement prior- Mr. GOODLATTE. Mr. Chairman, Mr. ramifications for a measure failing to adhere to ities falls well within its exercise of NADLER’s amendment purports to clar- the statutory prescription, there should be no prosecutorial discretion and raises no ify that nothing in this legislation lim- occasion for the Chair to rule on whether or legitimate constitutional concern. its or otherwise affects prosecutorial not that measure meets the definition of a The administration’s decision to pro- discretion. If this amendment is adopt- ‘‘resolution’’ as that term is used in H.R. 4138. vide temporary relief from removal for ed, it will only serve to cause confusion The Acting CHAIR. The question is certain DREAMers—young adults regarding the scope of the President’s on the amendment offered by the gen- brought to the United States as chil- duty under the Take Care Clause and tleman from Michigan (Mr. CONYERS). dren—complies both with Congress’ the ability of Congress to bring a law- The question was taken; and the Act- statutory directive to establish na- suit pursuant to this legislation. ing Chair announced that the noes ap- tional immigration enforcement prior- The underlying bill provides that the peared to have it. ities and within the President’s respon- House or Senate may authorize a law- Mr. CONYERS. Mr. Chairman, I de- sibility to exercise prosecutorial dis- suit based upon adoption of a resolu- mand a recorded vote. cretion under the Take Care Clause of tion declaring that the executive The Acting CHAIR. Pursuant to the Constitution. branch ‘‘established or implemented a clause 6 of rule XVIII, further pro- While my colleagues now seek to formal or informal policy, practice, or ceedings on the amendment offered by drag courts into nonjusticiable polit- procedure to refrain from enforcing’’ the gentleman from Michigan will be ical disputes, the fact of the matter is Federal law in violation of the Take postponed. that no court has ever found delay in Care Clause.

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.041 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2332 CONGRESSIONAL RECORD — HOUSE March 12, 2014 Adoption of a ‘‘policy, practice, or In fact, the ‘‘discretion’’ in ‘‘prosecu- put prosecutorial discretion as an ex- procedure’’ is not an exercise in pros- torial discretion’’ comes from the Take ception to the bill, then you could get ecutorial discretion; rather, the exer- Care Clause. That is what the Supreme a judicial determination as to what cise of prosecutorial discretion in- Court has told us. That is the guidance prosecutorial discretion is and what it volves a determination as to whether a we have from the highest law in the isn’t. particular individual or entity should land. I urge my colleagues to vote for this be the subject of an enforcement action What this is really about, Mr. Chair- amendment, and I yield back the bal- for past conduct. man, is about the majority’s appar- ance of my time. b 1530 ently voracious appetite to deport Mr. GOODLATTE. Mr. Chairman, for these young people. That is why the de- the reasons already cited, I urge my In other words, nothing in this bill portation of DREAMers is called out in colleagues to oppose this amendment limits prosecutorial discretion. Thus, the committee report. It is why they which would gut the bill, and I yield inserting into the bill an exception for oppose prosecutorial discretion. I think back the balance of my time. the undefined term ‘‘prosecutorial dis- it is quite a shame. The Acting CHAIR. The question is cretion’’ would only serve to cause con- Mr. GOODLATTE. May I inquire how on the amendment offered by the gen- fusion. much time each side has remaining? tleman from New York (Mr. NADLER). Worse, including an exception for The Acting CHAIR. The gentleman prosecutorial discretion would also The question was taken; and the Act- from Virginia has 21⁄2 minutes remain- allow the executive branch to move to ing Chair announced that the noes ap- ing, and the gentleman from New York dismiss every case brought pursuant to peared to have it. has 30 seconds remaining. Mr. NADLER. Mr. Chairman, I de- this bill on the grounds that it was Mr. GOODLATTE. At this time, I am merely exercising prosecutorial discre- mand a recorded vote. pleased to yield 2 minutes to the gen- The Acting CHAIR. Pursuant to tion. This would result in costly and tleman from South Carolina (Mr. wasteful delays in the court’s ability to clause 6 of rule XVIII, further pro- GOWDY). ceedings on the amendment offered by decide the merits of these important Mr. GOWDY. Thank you, Mr. Chair- separation of powers disputes in a the gentleman from New York will be man. postponed. timely manner. Mr. Chairman, prosecutorial discre- Additionally, if adopted, the amend- The Acting CHAIR. The Committee tion encompasses the executive power ment would cause confusion as to the will rise informally. to decide whether to bring charges, meaning of the Take Care Clause itself. The Speaker pro tempore (Mr. seek punishment, penalties, or sanc- The clause imposes an affirmative duty GOWDY) assumed the chair. tions. This next line is really impor- on the President to ‘‘take care that the f tant. It does not include the power to laws be faithfully executed.’’ This disregard other statutory obligations. MESSAGE FROM THE PRESIDENT amendment proposes to interpret that Mr. Chairman, that is from a United duty by codifying into statutory law A message in writing from the Presi- States Supreme Court case. So, I guess that there is a ‘‘constitutional author- dent of the United States was commu- my question is: I have heard about im- ity of the executive branch to exercise nicated to the House by Mr. Brian migration. I haven’t mentioned immi- prosecutorial discretion.’’ Pate, one of his secretaries. gration. I want to talk about manda- However, unlike the duty imposed by The SPEAKER pro tempore. The tory minimums in drug cases. That has the Take Care Clause, the words ‘‘pros- Committee will resume its sitting. been the law for 20-something years. ecutorial discretion’’ appear nowhere f You have X amount of methamphet- in the text of the Constitution. We amine, you get X amount of time in EXECUTIVE NEEDS TO FAITH- should not place an undefined limit on prison. It is called a mandatory min- FULLY OBSERVE AND RESPECT the Take Care Clause into the United imum. Are you telling me that the CONGRESSIONAL ENACTMENTS States Code. OF THE LAW ACT OF 2014 Finally, the amendment would, in phrase ‘‘prosecutorial discretion’’ in- practice, act to prohibit the Federal cludes the Attorney General telling his The Committee resumed its sitting. courts from further refining the con- prosecutors to disregard the law, not to AMENDMENT NO. 3 OFFERED BY MS. JACKSON tours of appropriate prosecutorial dis- not prosecute the case? That would be LEE cretion. The base bill seeks to encour- consistent. He is not telling them not The Acting CHAIR (Mr. DUNCAN of age courts to engage in active constitu- to prosecute the case. He is telling South Carolina). It is now in order to tional issues, not to put entire cat- them don’t inform the judiciary of the consider amendment No. 3 printed in egories of subjects off-limits from re- drug amounts. That is not prosecu- part A of House Report 113–378. view by the Federal courts. torial discretion; that is anarchy. Ms. JACKSON LEE. Mr. Chairman, I I urge my colleagues to oppose this So, yes, Mr. NADLER, I agree—or my have an amendment at the desk. amendment, and I reserve the balance friend from New York, I agree, Mr. The Acting CHAIR. The Clerk will of my time. Chairman, with the concept of prosecu- designate the amendment. Mr. NADLER. Mr. Chairman, how torial discretion. I used it for 16 years. The text of the amendment is as fol- much time remains? But your amendment does not define lows: The Acting CHAIR. The gentleman it. And my fear is—while my friend Add, at the end of the bill, the following: from New York has 11⁄2 minutes re- from New York would never do this, (d) LIMITATION.—Nothing in this Act limits maining. my fear is some may overread it to in- or otherwise affects the ability of the execu- Mr. NADLER. I will yield 1 minute to clude allowing a President to disregard tive branch to comply with judicial decisions the gentlewoman from California (Ms. obligations that we place on him or interpreting the Constitution or Federal LOFGREN). her, and under no theory of prosecu- laws. Ms. LOFGREN. Mr. Chairman, this is torial discretion is that legal. The Acting CHAIR. Pursuant to about deporting the DREAM Act stu- Mr. NADLER. Mr. Chairman, I don’t House Resolution 511, the gentlewoman dents. On page 13 of the committee re- have the time to answer all of Mr. from Texas (Ms. JACKSON LEE) and a port, the majority calls out for con- GOWDY’s arguments except to say that Member opposed each will control 5 demnation the exercise of prosecu- if this bill were to pass, which it won’t minutes. torial discretion relative to the because the Senate won’t look at it, The Chair recognizes the gentle- DREAMers. It is quite a departure but if the bill were to pass and if my woman from Texas. from when Republicans joined with amendment were adopted, it would Ms. JACKSON LEE. Mr. Chairman, Democrats to say that it is well estab- simply make it easier for the courts to frankly, maybe I should offer a good lished that prosecutorial discretion can define what prosecutorial discretion is thanks to the distinguished members be used in immigration cases and ask- and is not, and I am confident that of the majority, the Republicans, my ing that guidelines be developed and be they would agree with Mr. GOWDY as to chairman and others, for giving us an implemented and used for categories of some of the horribles not being pros- opportunity to have a deliberative con- individuals. ecutorial discretion. But since it would stitutional discussion that reinforces

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.043 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2333 the sanctity of this Nation and how The amendment would ensure that one Second, the bill violates separation of pow- well it is that we have lasted some 400 house of Congress could not initiate dilatory ers principles by inappropriately having courts years operating under a Constitution legal challenges when executive actions were address political questions that are left to the that clearly defines what is constitu- taken to comply with judicial decisions. other branches to decided. tional and what is not. The bill authorizes either chamber of Con- And Mr. Chair, I thought the Supreme Court The ENFORCEMENT Act is not congress to bring a civil action against the execu- had put this notion to rest as far back as stitutional, but it gives us an oppor- tive branch for failure to faithfully execute ex- Baker v. Carr, a case that hails from 1962. tunity to raise these issues. That is isting laws. Baker stands for the proposition that courts what freedom is. That is what the op- My colleagues on the other side argue that are not equipped to adjudicate political ques- portunity of democracy is all about. So lawsuits by Congress to force the administrations—and that it is impossible to decide such the Jackson Lee amendment engages tion to enforce federal laws will prevent the questions without intruding on the ability of in this discussion to reinforce that president from exceeding his constitutional au- agencies to do their job. there are constitutional problems with thority, but the Supreme Court has Constantly Third, the bill makes one House of Con- the ENFORCE Act. held that the exercise of executive discretion gress a general enforcement body able to di- My amendment excludes from the being taken by President Obama is within the rect the entire field of administrative action by scope of the bill any executive action president’s powers under the Constitution. bringing cases whenever such House deems taken to comply with judicial decisions It is hard to believe that I would even need a President’s action to constitute a policy of interpreting the constitutional Federal an amendment which instructs the Executive non-enforcement. laws. The amendment would ensure Branch that it is okay to—ENFORCE THE This bill attempts to use the notion of sepa- that one House of Congress cannot ini- LAW. ration of powers to justify an unprecedented tiate dilatory legal challenges when ex- If separation-of-powers principles require effort to ensure that the laws are enforced by ecutive actions were taken to comply anything, it is that each branch must respect the president—and I say one of the least cre- with the judicial decisions. its constitutional role. ative ideas I have seen in some time. A couple of weeks ago, I believe in When a court issues a decision interpreting I ask my colleagues to support the Jackson the month of February, the Speaker of the Constitution or a federal law, the other Lee Amendment, which again, protects the the House came forward regarding a se- branches must abide by the decision. ability of the Executive Branch to comply with rious issue when they announced that The Executive Branch’s ability to fulfill its judicial decisions interpreting the Constitution they were prepared to move forward obligation to comply with judicial decisions or Federal laws. with discussions on immigration re- should not be hampered by a civil action by Mr. Chair, the United States Constitution is form. Then, less than 5 days later, the Congress pursuant to this bill. sacrosanct—let’s support it! Speaker took to the airwaves and indi- Basic respect for separation of powers re- Mr. GOODLATTE. Mr. Chairman, I cated that that offer of bipartisanship quires adoption of this amendment. rise in opposition to the amendment. has been pulled down because of the But that is exactly what this bill is doing— The Acting CHAIR. The gentleman trust question of the President of the in seeking to usurp the powers of the presi- from Virginia is recognized for 5 min- United States. dent—particularly President Obama—my col- utes. Mr. Chairman, I cannot tell you what league whom I realize was a former pros- Mr. GOODLATTE. Mr. Chairman, I happened in those 5 days. The Presi- ecutor—has put forth a piece of legislation oppose this amendment, as it would dent led the country; the President which baffles me. gut the bill. provided for the country; the President In our Constitutional Democracy, taking care Read the text of the amendment. The listened to the American people; the that the laws are executed faithfully is a multi- amendment would explicitly prohibit President has been the Commander in faceted notion. the bill from affecting the executive Chief; and the President has provided And it is a well-settled principle that our branch’s compliance with judicial deci- that kind of fiscal responsibility work- Constitution imposes restrictions on Congress’ sions interpreting the Constitution or ing on the omnibus, the budget, and I legislative authority, so that the faithful execu- Federal laws. But that is exactly the don’t know what happened. But what I will say to you is I can see tion of the Laws may present occasions where point of the base bill. no reason for this kind of legislation to the President declines to enforce a congres- The base bill encourages the courts come to the floor of the House and to sionally enacted law because he must enforce to decide constitutional issues relating be able to clearly poke a spear, if you the Constitution—which is the law of the land. to the Constitution’s separation of will, in the eye of article 2 that says, In fact Mr. Chair, if the legislation raises no powers between the branches of govern- ‘‘The executive power shall be vested in question of constitutionality, the laws that we ment. We would of course expect the a President of the United States of pass in this pose complicated questions, and President to obey those decisions from America.’’ This President has that executing them can raise a number of issues the courts, yet this amendment would power. of interpretation, application or enforcement grant the President the authority to My amendment will ensure that that need to be resolved before a law can be defy those very court decisions by whatever passes here allows the Presi- executed. making sure that the President did not dent to be able to handle the business This bill, H.R. 4138, The ENFORCE Act, have to be, quote, affected by them. of the American people through judi- has problems with standing, separation of This amendment only adds insult to cial and Federal statutes without in- powers, and allows broad powers of discretion injury. It would take a bill designed to terference. I would ask my colleagues incompatible with notions of due process. encourage the Federal courts to engage to support my amendment. The legislation would permit one House of in the constitutional issues of the day I reserve the balance of my time. Congress to file a lawsuit seeking declaratory and amend it to explicitly allow the Mr. Chair, I thank you for allowing a chance and other relief to compel the President to President to defy the decisions of those to explain my amendment. faithfully execute the law. Any such decision courts. The purpose of H.R. 4138 is to provide a would be reviewable only by the Supreme There is no reason to exempt court mechanism for one House of Congress to en- Court. decisions from the bill’s coverage. The force the ‘‘take care’’ clause in article II, sec- These are critical problems. First, Congress base bill allows Congress to bring law- tion 3 of the United States Constitution, which is unlikely to be able to satisfy the require- suits if the President fails to faithfully requires the President to ‘‘take Care that the ments of Article III standing, which the Su- execute the laws. The President is obli- Laws be faithfully executed—but in fact has preme Court has held that the party bringing gated to follow Federal court decisions the opposite effect.’’ suit have been personally injured by the chal- to the same extent he must follow Fed- That is why my amendment protects the lenged conduct. eral statutes, treaty obligations, and, ability of the Executive Branch to comply with In the wide array of circumstances in which of course, the Constitution itself. judicial decisions interpreting the Constitution the bill would authorize a House of Congress Rather than furthering the bill’s goal or Federal laws. to sue the president, that House would not of enforcing the Take Care Clause, the The Jackson Lee Amendment excludes have suffered any personal injury sufficient to amendment would create an enormous from the scope of the bill any executive action satisfy Article III’s standing requirement in the loophole in the bill’s coverage, and so I taken to comply with judicial decisions inter- absence of a complete nullification of any leg- must urge my colleagues to reject this preting the Constitution or Federal laws. islator’s votes. gutting amendment.

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.047 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2334 CONGRESSIONAL RECORD — HOUSE March 12, 2014 I reserve the balance of my time. in unjustifiable hardship. If the facts sub- political question, first in a three- Ms. JACKSON LEE. Mr. Chairman, stantiate the presentations that have been judge court, and then right to the Su- how much time remains? made to us, we must ask why the INS pur- preme Court of the United States, The Acting CHAIR. The gentlewoman sued removal in such cases when so many while the American people suffer be- other more serious cases existed. from Texas has 21⁄2 minutes remaining. We write to you because many people because they want that particular posi- Ms. JACKSON LEE. Let me make lieve that you have the discretion to allevi- tion. It is a political question because this point, and I will yield 15 seconds to ate some of the hardships, and we wish to so- it is the Republicans who want to be the distinguished gentlelady from Cali- licit your views as to why you have been unable to move beyond the authority fornia. willing to exercise such authority in some of given in the Constitution. But I thank the gentleman from Vir- the cases that have occurred. In addition, we I yield 15 seconds to the gentleman ginia for his eloquence. Obviously, he is ask whether your view is that the 1996 from Michigan (Mr. CONYERS). from the great State of Thomas Jeffer- amendments somehow eliminated that dis- Mr. CONYERS. I thank the gentle- cretion. The principle of prosecutorial dis- son, and I certainly am from the great woman very much because this is an law school of Thomas Jefferson, the cretion is well established. Indeed, INS Gen- eral and Regional Counsel have taken the po- important amendment. It doesn’t gut University of Virginia School of Law. sition, apparently well-grounded in case law, the bill, and it isn’t a loophole. This is But let me just say that what this that INS has prosecutorial discretion in the a narrow amendment that only ensures bill intends to do, the power the bill initiation or termination of removal pro- that the President can comply with purports to assign to Congress to sue ceedings (see attached memorandum). Fur- court decisions. The separation of pow- the President over whether he has thermore, a number of press reports indicate ers principle is very important, and properly discharged his constitutional that the INS has already employed this dis- this amendment clarifies and adds to cretion in some cases. obligations to take care that the laws it. be faithfully executed, exceeds—he True hardship cases call for the exercise of such discretion, and over the past year many Ms. JACKSON LEE. I thank the gen- knows it exceeds any constitutional Members of Congress have urged the INS to tleman for that very astute analysis, boundaries. He is challenging the develop guidelines for the use of its prosecu- and I want to conclude, if I might, by President on decisions that they don’t torial discretion. Optimally, removal pro- saying that I respect the separation of agree with that are political. They ceedings should be initiated or terminated powers, and I understand what my col- don’t agree with deferred adjudication. only upon specific instructions from author- league said, and Mr. CONYERS is very They don’t agree with the DREAM Act ized INS officials, issued in accordance with right. This amendment does not gut agency guidelines. However, the INS appar- youngsters. They don’t agree that we the legislation, but I understand what should move forward on immigration ently has not yet promulgated such guidelines. my colleagues are saying. What I would reform. They are challenging him on The undersigned Members of Congress be- argue is that we all want the same his right to exert his power. lieve that just as the Justice Department’s thing—that the authority of the Presi- I yield 15 seconds to the gentlewoman United States Attorneys rely on detailed dent remains that, the Congress, and from California (Ms. LOFGREN). guidelines governing the exercise of their the judiciary, and there is no exceed- Ms. LOFGREN. Mr. Chairman, I prosecutorial discretion, INS District Direc- ing. I believe we can do it in a better agree with the amendment. tors also require written guidelines, both to way. I ask my colleagues to support I would note that the late Henry legitimate in their eyes the exercise of dis- the Jackson Lee amendment. Hyde signed the letter urging for pros- cretion and to ensure that their decisions to initiate or terminate removal proceedings I yield back the balance of my time. ecutorial discretion. That is part of the Mr. GOODLATTE. Mr. Chairman, I law recognized by the Supreme Court are not made in an inconsistent manner. We look forward to working with you to resolve will be brief and just say for the rea- in the Arizona case. I do not believe this matter and hope that you will develop sons already cited, this is a very harm- that the late Henry Hyde would have and implenent guidelines for INS prosecu- ful amendment. It would gut the bill. urged the administration to do some- torial discretion in an expeditious and fair For that reason, I oppose it and urge thing that did not comport with the manner. my colleagues to oppose it. Sincerely, Constitution or the law, and I include I yield back the balance of my time. for the RECORD this letter. Representatives Henry J. Hyde; Barney Frank; Lamar Smith; Sheila Jackson The Acting CHAIR. The question is CONGRESS OF THE UNITED STATES, Lee; Bill McCollum; Martin Frost; Bill on the amendment offered by the gen- Washington, DC, November 4, 1999. Barrett; Howard L. Berman; Brian P. tlewoman from Texas (Ms. JACKSON Re Guidelines for Use of Prosecutorial Dis- Bilbray; Corrine Brown; Charles T. cretion in Removal Proceedings LEE). Canady; Barbara Cubin; Nathan Deal; Hon. JANET RENO, The question was taken; and the Act- Lincoln Diaz-Balart. Attorney General, Department of Justice, Wash- ing Chair announced that the noes ap- David Dreier; Bob Filner; Eddie Bernice ington, DC. peared to have it. Johnson; Sam Johnson; Patrick J. Ken- Hon. DORIS M. MEISSNER, nedy; Matthew G. Martinez; James P. Ms. JACKSON LEE. Mr. Chairman, I Commissioner, Immigration and Naturalization McGovern; Martin T. Meehan; F. demand a recorded vote. Service, Washington, DC. James Sensenbrenner, Jr.; Christopher The Acting CHAIR. Pursuant to DEAR ATTORNEY GENERAL RENO AND COM- Shays; Henry A. Waxman; Kay clause 6 of rule XVIII, further pro- MISSIONER MEISSNER: Congress and the Ad- Granger; Gene Green; Ciro D. Rodri- ministration have devoted substantial atten- ceedings on the amendment offered by guez. tion and resources to the difficult yet essen- the gentlewoman from Texas will be tial task of removing criminal aliens from Ms. JACKSON LEE. Mr. Chairman, postponed. the United States. Legislative reforms en- how much time remains? AMENDMENT NO. 4 OFFERED BY MR. CICILLINE acted in 1996, accompanied by increased The Acting CHAIR. The gentlewoman The Acting CHAIR. It is now in order funding, enabled the Immigration and Natu- 1 from Texas has 1 ⁄4 minutes remaining. to consider amendment No. 4 printed in ralization Service to remove increasing num- Mr. GOODLATTE. Mr. Chairman, I part A of House Report 113–378. bers of criminal aliens, greatly benefitting reserve the balance of my time to public safety in the United States. Mr. CICILLINE. Mr. Chairman, I However, cases of apparent extreme hard- close. have an amendment at the desk. ship have caused concern. Some cases may b 1545 The Acting CHAIR. The Clerk will involve removal proceedings against legal designate the amendment. permanent residents who came to the United Ms. JACKSON LEE. Mr. Chairman, as I indicated, this is a political fight. The text of the amendment is as fol- States when they were very young, and lows: many years ago committed a single crime at I thought we had settled that fight the lower end of the ‘‘aggravated felony’’ with Baker v. Carr, a case that hails Add, at the end of the bill, the following: spectrum, but have been law-abiding ever from 1962. Baker stands for the propo- SEC. 3. REPORT. since, obtained and held jobs and remained sition that courts are not equipped to Not later than the last day of the first fis- self-sufficient, and started families in the adjudicate political questions, and that cal year quarter that begins after the date of United States. Although they did not become the enactment of this Act, and quarterly United States citizens, immediate family it is impossible to decide such ques- thereafter, the Comptroller General of the members are citizens. tions. Now our friends want to give United States shall submit to the Commit- There has been widespread agreement that Congress the right to expedite their tees on the Judiciary of the House of Rep- some deportations were unfair and resulted lawsuit over the average citizen on a resentatives and the Senate, a report on the

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.048 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2335 costs of any civil action brought pursuant to As many of my colleagues know, liti- ready exist regarding reporting the this Act, including any attorney fees of any gation can be extremely expensive. So costs of congressional litigation. When attorney that has been hired to provide legal let’s ensure Members of Congress and the House engages in litigation, the services in connection with a civil action brought pursuant to this Act. the public are aware of exactly how costs of that litigation are already re- much taxpayer resources are being ported to the House Appropriations The Acting CHAIR. Pursuant to spent on pursuing legal action under Committee and the Committee on House Resolution 511, the gentleman this act. While disbursement reporting House Administration. This amend- from Rhode Island (Mr. CICILLINE) and requirements already exist for Federal ment merely expands these existing re- a Member opposed each will control 5 expenditures, recent experience under- porting requirements to include the minutes. The Chair recognizes the gentleman scores their inadequacy to provide Government Accountability Office. from Rhode Island. timely, transparent disclosure of pre- Had the gentleman from Rhode Is- Mr. CICILLINE. Mr. Chairman, clear- cisely how much has been spent on liti- land prefiled this amendment during ly as my colleagues have noted, the gation. Judiciary Committee consideration of ENFORCE Act is a deeply flawed piece For example, over the last few years, the bill, we may have been able to con- of legislation. It would give any legis- the House of Representatives, at the di- sider it during markup. However, with- lative majority a blank check to chal- rection of the majority and over strong out notice of the amendment, we were lenge in court by filing a lawsuit any objections by Leader PELOSI and Whip not able to determine at markup decision of the executive branch that it HOYER, hired outside counsel to defend whether the amendment implicated disagrees with. the Defense of Marriage Act in court. any attorney-client privilege concerns. Instead of considering legislation to What began as a contract for up to We are now satisfied, given existing recreate jobs, to fix our broken immigra- $500,000 in legal services to defend porting requirements, that this amend- tion system, repair our crumbling in- DOMA has grown through a series of ment does not present a privilege prob- frastructure or raise the minimum contract extensions to be up to $3 mil- lem. wage, today the majority has brought lion, and it is hard to determine at For these reasons, I support the to this floor a partisan measure to in- what point and at what cost the major- adoption of this amendment, and urge crease only one thing: congressional ity’s pursuits will end. my colleagues to do so. litigation. The bill raises serious con- Today, nearly 9 months since the I reserve the balance of my time. stitutional questions, and fails to put United States Supreme Court struck in place responsible safeguards to pre- down section 3 of DOMA as unconstitu- Mr. CICILLINE. Mr. Chairman, I vent abuse. This is a dangerous attack tional, we still don’t have an adequate thank the chairman for his support, that threatens the careful balance of accounting of how much the House ma- and I yield back the balance of my power developed by our Founding Fa- jority has spent on defending this dis- time. thers. criminatory law, or whether it con- Mr. GOODLATTE. Mr. Chairman, I At a time when the American people tinues to spend taxpayer funding on yield back the balance of my time. have lost so much confidence in Con- this matter. The Acting CHAIR. The question is gress, my Republican colleagues are of- As minority members of the House on the amendment offered by the gen- fering yet another bill that will do Administration Committee reported tleman from Rhode Island (Mr. nothing to improve the lives of Ameri- during this legal challenge in 2012: CICILLINE). cans. Instead this bill will only add to No one seems to know where the funds are The amendment was agreed to. the American people’s scorn and ridi- coming from. There has been no appropria- cule of Congress. Just what we need, tion for this expense. There has been no men- ANNOUNCEMENT BY THE ACTING CHAIR more contention, more division here in tion of the funding source in the contract ex- The Acting CHAIR. Pursuant to Congress by encouraging congressional tensions. There is no record of a payment clause 6 of rule XVIII, proceedings will lawsuits. being made in the statement of disburse- now resume on those amendments ments. In addition to its questionable pur- printed in part A of House Report 113– pose and substantive defects, the EN- Clearly, the existing reporting re- 378 on which further proceedings were FORCE Act also fails to adequately quirements are insufficient to inform postponed, in the following order: Members of Congress and the general protect taxpayer money, as it would Amendment No. 1 by Mr. CONYERS of public of its litigation disbursements. open the floodgates to litigation for Michigan. nearly any executive branch decision While Members may disagree on the Amendment No. 2 by Mr. NADLER of that a majority in either chamber dis- merits of DOMA, as well as the legisla- New York. agrees with, and it would do so without tion before us today, we should all rec- a transparent accounting of taxpayer ognize that neither side, nor the public Amendment No. 3 by Ms. JACKSON money spent. interest, is served by obscuring the dis- LEE of Texas. That is why I am offering this closure of litigation expenses. The Chair will reduce to 2 minutes amendment today which simply re- Therefore, I urge my colleagues to the minimum time for any electronic quires quarterly reporting of the costs support my amendment, a simple revote after the first vote in this series. porting requirement that will safe- associated with the litigation under AMENDMENT NO. 1 OFFERED BY MR. CONYERS this act. Specifically, it would require guard and provide transparency to en- The Acting CHAIR. The unfinished the Comptroller General of the United sure that spending under this very mis- business is the demand for a recorded States to issue quarterly reports to the guided legislation is made clear. vote on the amendment offered by the House and Senate Judiciary Commit- I reserve the balance of my time. gentleman from Michigan (Mr. CON- tees on the cost of civil actions Mr. GOODLATTE. Mr. Chairman, I YERS) on which further proceedings brought pursuant to this act, including rise to claim the time in opposition to were postponed and on which the noes any attorney fees. the amendment even though I do not Since many of my colleagues have oppose the amendment. prevailed by voice vote. previously and routinely expressed sig- The Acting CHAIR. Without objec- The Clerk will redesignate the nificant concern about ensuring tax- tion, the gentleman from Virginia is amendment. payer dollars are used appropriately recognized for 5 minutes. The Clerk redesignated the amend- and carefully, one would expect the There was no objection. ment. Mr. GOODLATTE. Mr. Chairman, I ENFORCE Act to have clear oversight RECORDED VOTE and transparency provisions in place. yield myself such time as I may con- The Acting CHAIR. A recorded vote However, it does not. sume. That is why I urge my colleagues to Mr. Chairman, I will support the has been demanded. support my amendment, which would adoption of this amendment. This A recorded vote was ordered. provide a transparent, quarterly ac- amendment basically codifies, at least The vote was taken by electronic de- counting of the costs of pursuing legal as far as the House of Representatives vice, and there were—ayes 188, noes 227, action under this act. is concerned, requirements that al- not voting 15, as follows:

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A12MR7.021 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2336 CONGRESSIONAL RECORD — HOUSE March 12, 2014 [Roll No. 120] Heck (NV) Meadows Salmon [Roll No. 121] Hensarling Meehan Sanford AYES—188 Herrera Beutler Messer Scalise AYES—190 Barber Green, Gene Negrete McLeod Holding Mica Schock Barber Grayson Negrete McLeod Barrow (GA) Grijalva Nolan Hudson Miller (FL) Schweikert Barrow (GA) Green, Al Nolan Bass Gutie´rrez O’Rourke Huelskamp Miller (MI) Scott, Austin Bass Green, Gene O’Rourke Beatty Hahn Owens Huizenga (MI) Miller, Gary Sensenbrenner Beatty Grijalva Owens Hultgren Mullin Sessions Becerra Hanabusa Pallone Becerra Gutie´rrez Pallone Hunter Mulvaney Shimkus Bishop (GA) Hastings (FL) Pascrell Bera (CA) Hahn Pascrell Hurt Murphy (PA) Shuster Bishop (NY) Heck (WA) Pastor (AZ) Bishop (GA) Hanabusa Pastor (AZ) Issa Neugebauer Simpson Blumenauer Higgins Payne Bishop (NY) Hastings (FL) Payne Bonamici Himes Jenkins Noem Smith (MO) Blumenauer Heck (WA) Perlmutter Perlmutter Johnson (OH) Nugent Smith (NE) Brady (PA) Hinojosa Peters (CA) Bonamici Higgins Peters (CA) Braley (IA) Holt Johnson, Sam Nunes Smith (NJ) Brady (PA) Himes Peters (MI) Peters (MI) Brown (FL) Honda Jones Nunnelee Smith (TX) Braley (IA) Hinojosa Peterson Peterson Brownley (CA) Horsford Jordan Olson Southerland Brown (FL) Holt Pocan Pocan Bustos Hoyer Joyce Palazzo Stewart Brownley (CA) Honda Polis Polis Butterfield Huffman Kelly (PA) Paulsen Stivers Bustos Horsford Price (NC) Capps Israel Price (NC) King (IA) Pearce Stockman Butterfield Hoyer Quigley Capuano Jackson Lee Quigley King (NY) Perry Stutzman Capps Huffman Rahall Ca´ rdenas Jeffries Rahall Kingston Petri Terry Capuano Israel Richmond Carney Johnson (GA) Richmond Kinzinger (IL) Pittenger Thompson (PA) Ca´ rdenas Jackson Lee Ros-Lehtinen Carson (IN) Johnson, E. B. Roybal-Allard Kline Pitts Thornberry Carney Jeffries Roybal-Allard Cartwright Kaptur Ruiz Labrador Poe (TX) Tiberi Carson (IN) Johnson (GA) Ruiz Castor (FL) Keating Ruppersberger LaMalfa Pompeo Tipton Cartwright Kaptur Ruppersberger Castro (TX) Kelly (IL) Rush Lamborn Posey Turner Castor (FL) Keating Rush Chu Kennedy Ryan (OH) Lance Price (GA) Upton Castro (TX) Kelly (IL) Ryan (OH) Cicilline Kildee Sa´ nchez, Linda Lankford Reed Valadao Chu Kennedy Sa´ nchez, Linda Clark (MA) Kilmer T. Latham Reichert Wagner Cicilline Kildee T. Clarke (NY) Kind Sanchez, Loretta Latta Renacci Walberg Clark (MA) Kilmer Sanchez, Loretta Clay Kirkpatrick Sarbanes LoBiondo Ribble Walden Clarke (NY) Kind Sarbanes Cleaver Kuster Schiff Long Rice (SC) Walorski Clay Kirkpatrick Schiff Clyburn Langevin Schneider Lucas Rigell Weber (TX) Cleaver Kuster Schneider Cohen Larsen (WA) Schrader Luetkemeyer Roby Webster (FL) Clyburn Langevin Schrader Connolly Larson (CT) Schwartz Lummis Roe (TN) Wenstrup Cohen Larsen (WA) Schwartz Marchant Conyers Lee (CA) Scott (VA) Rogers (AL) Westmoreland Connolly Larson (CT) Scott (VA) Marino Rogers (KY) Whitfield Cooper Levin Scott, David Conyers Lee (CA) Scott, David Massie Rogers (MI) Williams Costa Lewis Serrano Cooper Levin Serrano McAllister Rohrabacher Wilson (SC) Courtney Lipinski Sewell (AL) Costa Lewis Sewell (AL) McCarthy (CA) Rokita Wittman Crowley Loebsack Shea-Porter Courtney Lipinski Shea-Porter McCaul Ros-Lehtinen Wolf Cuellar Lofgren Sherman Crowley Loebsack Sherman Cummings Lowenthal McClintock Roskam Womack Cuellar Lofgren Sinema Sinema McHenry Ross Woodall Davis (CA) Lowey Sires Cummings Lowenthal Sires Davis, Danny Lujan Grisham McKeon Rothfus Yoder Davis (CA) Lowey Slaughter Slaughter McKinley Royce Yoho DeFazio (NM) Smith (WA) Davis, Danny Lujan Grisham Smith (WA) DeGette Luja´ n, Ben Ray McMorris Runyan Young (AK) DeFazio (NM) Speier Speier Delaney (NM) Rodgers Ryan (WI) Young (IN) DeGette Luja´ n, Ben Ray Swalwell (CA) Swalwell (CA) DelBene Lynch Delaney (NM) Takano Takano Deutch Maffei NOT VOTING—15 DelBene Lynch Thompson (CA) Thompson (CA) Doggett Maloney, Amodei Frankel (FL) Pingree (ME) Denham Maffei Thompson (MS) Thompson (MS) Doyle Carolyn Bera (CA) Gosar Rangel Deutch Maloney, Tierney Tierney Duckworth Maloney, Sean DeLauro Matsui Rooney Diaz-Balart Carolyn Titus Ellison Matheson Titus Dingell Meng Schakowsky Doggett Matheson Tonko Engel McCarthy (NY) Tonko Edwards Pelosi Vela´ zquez Doyle McCarthy (NY) Tsongas Enyart McCollum Tsongas Duckworth McCollum Valadao Eshoo McDermott Van Hollen Ellison McDermott Van Hollen Esty McGovern Vargas b 1621 Engel McGovern Vargas Farr McIntyre Veasey Enyart McIntyre Veasey Fattah McNerney Vela Messrs. BENTIVOLIO, CAMPBELL, Eshoo McNerney Vela Foster Meeks Visclosky RENACCI, and YOHO changed their Esty Meeks Visclosky Fudge Michaud Walz vote from ‘‘aye’’ to ‘‘no.’’ Farr Michaud Walz Gabbard Miller, George Wasserman Fattah Miller, George Wasserman Gallego Moore Schultz Messrs. MCNERNEY, MAFFEI, and Foster Moore Schultz Garamendi Moran Waters HINOJOSA changed their vote from Fudge Moran Waters Garcia Murphy (FL) Waxman ‘‘no’’ to ‘‘aye.’’ Gabbard Murphy (FL) Waxman Gibson Nadler Welch Gallego Nadler Welch Grayson Napolitano Wilson (FL) So the amendment was rejected. Garamendi Napolitano Wilson (FL) Green, Al Neal Yarmuth The result of the vote was announced Garcia Neal Yarmuth as above recorded. NOES—227 NOES—225 AMENDMENT NO. 2 OFFERED BY MR. NADLER Aderholt Cassidy Fleischmann Aderholt Cassidy Flores Amash Chabot Fleming The Acting CHAIR (Mr. Amash Chabot Forbes Bachmann Chaffetz Flores FLEISCHMANN). The unfinished business Bachmann Chaffetz Fortenberry Bachus Coble Forbes Bachus Coble Foxx Barletta Coffman Fortenberry is the demand for a recorded vote on Barletta Coffman Franks (AZ) Barr Cole Foxx the amendment offered by the gen- Barr Cole Frelinghuysen Barton Collins (GA) Franks (AZ) tleman from New York (Mr. NADLER) Barton Collins (GA) Gardner Benishek Collins (NY) Frelinghuysen on which further proceedings were Benishek Collins (NY) Garrett Bentivolio Conaway Gardner Bentivolio Conaway Gerlach Bilirakis Cook Garrett postponed and on which the noes pre- Bilirakis Cook Gibbs Bishop (UT) Cotton Gerlach vailed by voice vote. Bishop (UT) Cotton Gibson Black Cramer Gibbs The Clerk will redesignate the Black Cramer Gingrey (GA) Blackburn Crawford Gingrey (GA) Blackburn Crawford Gohmert Boustany Crenshaw Gohmert amendment. Boustany Crenshaw Goodlatte Brady (TX) Culberson Goodlatte The Clerk redesignated the amend- Brady (TX) Culberson Gowdy Bridenstine Daines Gowdy ment. Bridenstine Daines Granger Brooks (AL) Davis, Rodney Granger Brooks (AL) Davis, Rodney Graves (GA) Brooks (IN) Denham Graves (GA) RECORDED VOTE Brooks (IN) Dent Graves (MO) Broun (GA) Dent Graves (MO) Broun (GA) DeSantis Griffin (AR) Buchanan DeSantis Griffin (AR) The Acting CHAIR. A recorded vote Buchanan DesJarlais Griffith (VA) Bucshon DesJarlais Griffith (VA) has been demanded. Bucshon Duffy Grimm Burgess Diaz-Balart Grimm A recorded vote was ordered. Burgess Duncan (SC) Guthrie Byrne Duffy Guthrie Byrne Duncan (TN) Hall Calvert Duncan (SC) Hall The Acting CHAIR. This will be a 2- Calvert Ellmers Hanna Camp Duncan (TN) Hanna minute vote. Camp Farenthold Harper Campbell Ellmers Harper The vote was taken by electronic de- Campbell Fincher Harris Cantor Farenthold Harris Cantor Fitzpatrick Hartzler Capito Fincher Hartzler vice, and there were—ayes 190, noes 225, Capito Fleischmann Hastings (WA) Carter Fitzpatrick Hastings (WA) not voting 15, as follows: Carter Fleming Heck (NV)

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A12MR7.022 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2337 Hensarling Meadows Sanford [Roll No. 122] Herrera Beutler Messer Sanford Herrera Beutler Meehan Scalise Holding Mica Scalise Holding Messer Schock AYES—185 Hudson Miller (FL) Schock Hudson Mica Schweikert Barrow (GA) Green, Al Neal Huelskamp Miller (MI) Schweikert Huelskamp Miller (FL) Scott, Austin Bass Green, Gene Negrete McLeod Huizenga (MI) Miller, Gary Scott, Austin Huizenga (MI) Miller (MI) Sensenbrenner Beatty Grijalva Nolan Hultgren Mullin Sensenbrenner Hultgren Miller, Gary Sessions Becerra Gutie´rrez O’Rourke Hunter Mulvaney Sessions Hunter Mullin Hurt Murphy (PA) Shimkus Bera (CA) Hahn Pallone Shimkus Hurt Mulvaney Issa Neugebauer Shuster Bishop (GA) Hanabusa Pascrell Shuster Issa Murphy (PA) Jenkins Noem Simpson Bishop (NY) Hastings (FL) Pastor (AZ) Simpson Jenkins Neugebauer Johnson (OH) Nugent Smith (MO) Blumenauer Heck (WA) Smith (MO) Johnson (OH) Noem Payne Johnson, Sam Nunes Bonamici Higgins Smith (NE) Johnson, Sam Nugent Smith (NE) Perlmutter Jones Nunnelee Smith (NJ) Brady (PA) Himes Peters (CA) Smith (NJ) Jones Nunes Braley (IA) Hinojosa Jordan Olson Smith (TX) Peters (MI) Smith (TX) Jordan Nunnelee Brown (FL) Holt Joyce Owens Southerland Pocan Southerland Joyce Olson Brownley (CA) Honda Kelly (PA) Palazzo Stewart Polis Stewart Kelly (PA) Palazzo Bustos Horsford King (IA) Paulsen Stivers Price (NC) Stivers King (IA) Paulsen Butterfield Hoyer King (NY) Pearce Stockman Stockman King (NY) Pearce Capps Huffman Quigley Kingston Perry Stutzman Kingston Perry Stutzman Capuano Israel Rahall Kinzinger (IL) Peterson Kinzinger (IL) Petri Terry Ca´ rdenas Jackson Lee Richmond Kline Petri Terry Kline Pittenger Thompson (PA) Carney Jeffries Roybal-Allard Labrador Pittenger Thompson (PA) Labrador Pitts Thornberry Carson (IN) Johnson (GA) Ruiz LaMalfa Pitts Thornberry LaMalfa Poe (TX) Tiberi Cartwright Johnson, E. B. Ruppersberger Lamborn Poe (TX) Tiberi Lamborn Pompeo Tipton Castor (FL) Kaptur Rush Lance Pompeo Tipton Lance Posey Turner Castro (TX) Keating Ryan (OH) Lankford Posey Turner Lankford Price (GA) Upton Chu Kelly (IL) Sa´ nchez, Linda Latham Price (GA) Upton Latham Reed Wagner Cicilline Kennedy T. Latta Reed Valadao Latta Reichert Walberg Clark (MA) Kildee Sanchez, Loretta LoBiondo Reichert Wagner LoBiondo Renacci Walden Clarke (NY) Kilmer Sarbanes Long Renacci Walberg Long Ribble Walorski Clay Kind Schiff Lucas Ribble Walden Lucas Rice (SC) Weber (TX) Cleaver Kirkpatrick Schneider Luetkemeyer Rice (SC) Walorski Luetkemeyer Rigell Lummis Rigell Webster (FL) Clyburn Kuster Schrader Weber (TX) Lummis Roby Marchant Roby Wenstrup Cohen Langevin Schwartz Webster (FL) Maloney, Sean Roe (TN) Marino Roe (TN) Westmoreland Connolly Larsen (WA) Scott (VA) Wenstrup Marchant Rogers (AL) Massie Rogers (AL) Whitfield Conyers Larson (CT) Scott, David Westmoreland Marino Rogers (KY) McAllister Rogers (KY) Cooper Lee (CA) Serrano Massie Rogers (MI) Williams McCarthy (CA) Rogers (MI) Whitfield Costa Levin Sewell (AL) McAllister Rohrabacher Wilson (SC) McCaul Rohrabacher Williams Wittman Courtney Lewis Shea-Porter Wilson (SC) McCarthy (CA) Rokita Crowley Lipinski McClintock Rokita Wolf Sherman Wittman McCaul Roskam Cuellar Loebsack McHenry Ros-Lehtinen Womack Sinema Wolf McClintock Ross Cummings Lofgren McIntyre Roskam Woodall Sires Womack McHenry Rothfus Davis (CA) Lowenthal McKeon Ross McKeon Royce Yoder Slaughter McKinley Rothfus Woodall Davis, Danny Lowey Smith (WA) McKinley Runyan Yoho DeFazio Lujan Grisham McMorris Royce Yoder Speier McMorris Ryan (WI) Young (AK) DeGette (NM) Rodgers Runyan Yoho Swalwell (CA) Rodgers Salmon Young (IN) Delaney Luja´ n, Ben Ray Meadows Ryan (WI) Young (AK) Takano DelBene (NM) Meehan Salmon Young (IN) Thompson (CA) NOT VOTING—15 Deutch Lynch Thompson (MS) NOT VOTING—14 Amodei Gosar Pingree (ME) Doggett Maffei Tierney DeLauro Johnson, E. B. Rangel Doyle Maloney, Amodei Gosar Rangel Titus Dingell Matsui Rooney Duckworth Carolyn DeLauro Matsui Rooney Edwards Meng Schakowsky Ellison Maloney, Sean Tonko Dingell Meng Schakowsky Frankel (FL) Pelosi Vela´ zquez Engel Matheson Tsongas Edwards Pelosi Vela´ zquez Enyart McCarthy (NY) Van Hollen Frankel (FL) Pingree (ME) ANNOUNCEMENT BY THE ACTING CHAIR Eshoo McCollum Vargas Veasey b 1635 The Acting CHAIR (during the vote). Esty McDermott Farr McGovern Vela So the amendment was rejected. There is 1 minute remaining. Fattah McNerney Visclosky The result of the vote was announced Foster Meeks Walz Fudge Michaud Wasserman as above recorded. b 1629 Gabbard Miller, George Schultz The Acting CHAIR. The question is Gallego Moore Waters on the amendment in the nature of a Mr. COFFMAN changed his vote from Garamendi Moran Waxman substitute, as amended. ‘‘aye’’ to ‘‘no.’’ Garcia Murphy (FL) Welch The amendment was agreed to. So the amendment was rejected. Gibson Nadler Wilson (FL) Grayson Napolitano Yarmuth The Acting CHAIR. Under the rule, The result of the vote was announced the Committee rises. as above recorded. NOES—231 Accordingly, the Committee rose; AMENDMENT NO. 3 OFFERED BY MS. JACKSON Aderholt Cassidy Fleming and the Speaker pro tempore (Mr. Amash Chabot Flores LEE TERRY) having assumed the chair, Mr. Bachmann Chaffetz Forbes FLEISCHMANN, Acting Chair of the Com- The Acting CHAIR. The unfinished Bachus Coble Fortenberry mittee of the Whole House on the state business is the demand for a recorded Barber Coffman Foxx Barletta Cole Franks (AZ) of the Union, reported that that Com- vote on the amendment offered by the Barr Collins (GA) Frelinghuysen mittee, having had under consideration gentlewoman from Texas (Ms. JACKSON Barton Collins (NY) Gardner the bill (H.R. 4138) to protect the sepa- Benishek Conaway Garrett LEE) on which further proceedings were ration of powers in the Constitution of postponed and on which the noes pre- Bentivolio Cook Gerlach Bilirakis Cotton Gibbs the United States by ensuring that the vailed by voice vote. Bishop (UT) Cramer Gingrey (GA) President takes care that the laws be The Clerk will redesignate the Black Crawford Gohmert Blackburn Crenshaw Goodlatte faithfully executed, and for other pur- amendment. Boustany Culberson Gowdy poses, and, pursuant to House Resolu- The Clerk redesignated the amend- Brady (TX) Daines Granger tion 511, he reported the bill back to ment. Bridenstine Davis, Rodney Graves (GA) the House with an amendment adopted Brooks (AL) Denham Graves (MO) RECORDED VOTE Brooks (IN) Dent Griffin (AR) in the Committee of the Whole. The Acting CHAIR. A recorded vote Broun (GA) DeSantis Griffith (VA) The SPEAKER pro tempore. Under Buchanan DesJarlais Grimm has been demanded. the rule, the previous question is or- Bucshon Diaz-Balart Guthrie dered. A recorded vote was ordered. Burgess Duffy Hall Byrne Duncan (SC) Hanna Is a separate vote demanded on the The Acting CHAIR. This will be a 2- Calvert Duncan (TN) Harper amendment reported from the Com- minute vote. Camp Ellmers Harris mittee of the Whole? The vote was taken by electronic de- Campbell Farenthold Hartzler If not, the question is on the adop- Cantor Fincher Hastings (WA) vice, and there were—ayes 185, noes 231, Capito Fitzpatrick Heck (NV) tion of the amendment in the nature of not voting 14, as follows: Carter Fleischmann Hensarling a substitute, as amended.

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A12MR7.023 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2338 CONGRESSIONAL RECORD — HOUSE March 12, 2014 The amendment was agreed to. financial disaster because of these were passed by Congress and affirmed The SPEAKER pro tempore. The games. This is exactly the kind of po- by the Supreme Court? question is on the engrossment and litical gamesmanship that the Amer- Why pursue, Mr. Speaker, immigra- third reading of the bill. ican people are sick and tired of. tion reform if Presidents can turn off The bill was ordered to be engrossed House leadership continues to refuse the very provisions that we pass? and read a third time, and was read the to restore these vital economic life- You know, in the oaths that brand third time. lines that help people support their new citizens take, it contains six dif- MOTION TO RECOMMIT families and pay their bills while they ferent references to the law. If it is Mr. RUIZ. Mr. Speaker, I have a mo- look for a new job. good enough for us to ask brand new tion to recommit at the desk. Long-term unemployment remains citizens to affirm their devotion to the The SPEAKER pro tempore. Is the an enormous challenge for millions of law, is it too much to ask that the gentleman opposed to the bill? Americans and our overall economy, President do the same? Mr. RUIZ. Mr. Speaker, I am op- which is exactly why we should put the If a President can change some laws, posed. American people first and renew this can he change all laws? Can he change The SPEAKER pro tempore. The important program. We need a focus on election laws? Can he change discrimi- Clerk will report the motion to recom- creating new jobs and help American nation laws? Are there any laws, under mit. families temporarily weather the your theory, that he actually has to The Clerk read as follows: storm. enforce? I yield back the balance of my time. What is our recourse, Mr. Speaker? Mr. Ruiz moves to recommit the bill H.R. What is our remedy? 4138 to the Committee on the Judiciary with Mr. GOWDY. Mr. Speaker, I with- instructions to report the same back to the draw my point of order and rise in op- Some would argue the Framers gave House forthwith, with the following amend- position to the motion to recommit. us the power of the purse and the power ment: The SPEAKER pro tempore. The of impeachment, but Mr. Speaker, Add, at the end of the bill, the following: point of order is withdrawn. those are punishments, those are not SEC. 3. PROTECTING STATES’ RIGHTS. The gentleman from South Carolina remedies. Nothing in this Act limits or otherwise af- is recognized for 5 minutes. What is the remedy if we want the fects any action taken by the President, the Mr. GOWDY. Mr. Speaker, I want to Executive to enforce our work? head of a department or agency of the United talk for just a moment as colleagues— This bill simply gives us standing States, or any other officer or employee of not as Republicans or Democrats, not when our votes are nullified. This bill the United States, in order to prevent an un- as members of the majority or the mi- allows us to petition the judicial constitutional intrusion into States’ rights. nority, but colleagues who are blessed branch for an order requiring the exec- SEC. 4. RESTORING UNEMPLOYMENT BENEFITS utive branch to faithfully execute the FOR AMERICA’S JOB SEEKERS. to serve in the United States House of This Act shall not take effect until the Representatives, the people’s House, law. most recent percentage of the insured unem- with all the tradition, with all the his- Mr. Speaker, we are not held in high ployed (those for whom unemployment taxes tory, with all the laws that have been public esteem right now. Maybe Mem- were paid during prior employment) who are passed, with all the lives that have bers of Congress would be respected receiving Federal or State unemployment in- been impacted. I want us to talk as col- more if we respected ourselves enough surance (UI) benefits when they are actively leagues. Because our foundational doc- to require that when we pass some- seeking work is at least equal to the percent- ument gave us, as the House, unique thing, it be treated as law. age receiving such benefits for the last quar- powers and responsibilities. We run Maybe we would be more respected if ter of 2013, as determined by the Department we had a firmly rooted expectation of Labor’s quarterly UI data summary meas- every 2 years because they intended for urement of the Unemployment Insurance us to be closest to the people. that when we pass something as law, it recipiency rate for all UI programs. be treated as law. b 1645 Maybe we would be more respected if Mr. GOWDY (during the reading). Mr. The President was given different du- we put down party labels and a desire Speaker, I reserve a point of order. ties and powers. The President was to keep or retain or acquire the gavel The SPEAKER pro tempore. A point given the duty to take care that the and picked up the history, the tradi- of order is reserved. laws be faithfully executed. tion, and the honor of this, the people’s The gentleman from California is So my question, Mr. Speaker, is what House. recognized for 5 minutes. does that mean to you, that the laws be Mr. Speaker, the House of Represent- Mr. RUIZ. Mr. Speaker, this is the faithfully executed? atives does not exist to pass sugges- final amendment to the bill, which will We know the President can veto a tions. We do not exist to pass ideas. We not kill the bill or send it back to com- bill for any reason or no reason. We make law. mittee. If adopted, the bill will imme- know the President can refuse to de- While you are free to stand and clap diately proceed to final passage as fend the constitutionality of a statute, when any President comes into this amended. even one that he signs into law. hallowed Chamber and promises to do Right now, House leadership is forc- We know the President can issue par- it, with or without you, I will never ing a vote on a bill that they know will dons for violations of the very laws stand and clap when any President, no go nowhere. Instead of working to find that we pass, and we know the Presi- matter whether he is your party or pragmatic solutions to our most press- dent has prosecutorial discretion, as mine, promises to make us a constitu- ing problems, they have chosen to put evidenced and used through his U.S. at- tional anomaly and an afterthought. politics above the needs of the Amer- torneys. We make law. ican people. Mr. Speaker, that is a lot of power. Mr. Speaker, I yield back the balance They have chosen to put politics What are we to do when that amount of of my time. above jobs, the economy, health care, power is not enough? The SPEAKER pro tempore. Without comprehensive immigration reform What are we to do when this Presi- objection, the previous question is or- and, again, they are playing politics dent, or any President, decides to se- dered on the motion to recommit. with millions of hardworking families lectively enforce a portion of a law and There was no objection. who have lost their job through no ignore other portions of that law? The SPEAKER pro tempore. The fault of their own and are currently What do we do, Mr. Speaker, regard- question is on the motion to recommit. looking for jobs. less of motivation, when a President The question was taken; and the Currently, over 2 million people have nullifies our vote by failing to faith- Speaker pro tempore announced that lost unemployment insurance because fully execute the law? the noes appeared to have it. of these political games. Every week, How do we explain waivers and ex- RECORDED VOTE 72,000 people, on average, are losing emptions and delays in a bill passed by Mr. RUIZ. Mr. Speaker, I demand a their unemployment benefits nation- Congress and affirmed by the United recorded vote. wide while they are looking for jobs. In States Supreme Court? A recorded vote was ordered. my home State of California, almost How do we explain away a refusal to The SPEAKER pro tempore. Pursu- 350,000 people are living on the brink of enforce mandatory minimums that ant to clause 9 of rule XX, the Chair

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.059 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2339 will reduce to 5 minutes the minimum Gardner Luetkemeyer Roskam Calvert Holding Posey time for any electronic vote on the Garrett Lummis Ross Camp Hudson Price (GA) Gerlach Marchant Rothfus Campbell Huelskamp Rahall question of passage of the bill. Gibbs Marino Royce Cantor Huizenga (MI) Reed The vote was taken by electronic de- Gibson Massie Runyan Capito Hultgren Reichert vice, and there were—ayes 187, noes 228, Gingrey (GA) McAllister Ryan (WI) Carter Hunter Renacci Gohmert McCarthy (CA) Salmon Cassidy Hurt Ribble not voting 15, as follows: Goodlatte McCaul Sanford Chabot Issa Rice (SC) [Roll No. 123] Gowdy McClintock Scalise Chaffetz Jenkins Rigell Granger McHenry Schock Coble Johnson (OH) Roby Graves (GA) McKeon AYES—187 Schweikert Coffman Johnson, Sam Roe (TN) Graves (MO) McKinley Barber Green, Gene Neal Scott, Austin Cole Jones Rogers (AL) Griffin (AR) McMorris Collins (GA) Jordan Rogers (KY) Barrow (GA) Grijalva Negrete McLeod Sensenbrenner Griffith (VA) Rodgers Collins (NY) Joyce Rogers (MI) Bass Gutie´rrez Nolan Sessions Grimm Beatty Hahn O’Rourke Meadows Conaway Kelly (PA) Rohrabacher Guthrie Shimkus Becerra Hanabusa Owens Meehan Cook King (IA) Rokita Hall Shuster Bera (CA) Hastings (FL) Pallone Messer Cotton King (NY) Ros-Lehtinen Hanna Simpson Bishop (GA) Heck (WA) Pascrell Mica Cramer Kingston Roskam Harper Smith (MO) Bishop (NY) Higgins Pastor (AZ) Miller (FL) Crawford Kinzinger (IL) Ross Harris Smith (NE) Blumenauer Himes Payne Miller (MI) Crenshaw Kline Rothfus Hartzler Smith (NJ) Bonamici Hinojosa Perlmutter Miller, Gary Cuellar Labrador Royce Hastings (WA) Smith (TX) Brady (PA) Holt Peters (CA) Mullin Culberson LaMalfa Runyan Heck (NV) Southerland Braley (IA) Honda Peters (MI) Mulvaney Daines Lamborn Ryan (WI) Hensarling Stewart Brown (FL) Horsford Peterson Murphy (PA) Davis, Rodney Lance Salmon Herrera Beutler Stivers Brownley (CA) Hoyer Pocan Neugebauer Denham Lankford Sanford Holding Bustos Huffman Polis Noem Stockman Dent Latham Scalise Hudson Butterfield Israel Price (NC) Nugent Stutzman DeSantis Latta Schock Huelskamp Capps Jackson Lee Quigley Nunes Terry DesJarlais LoBiondo Schweikert Huizenga (MI) Capuano Jeffries Rahall Nunnelee Thompson (PA) Diaz-Balart Long Scott, Austin Hultgren Ca´ rdenas Johnson (GA) Richmond Olson Thornberry Duffy Lucas Sensenbrenner Hunter Carney Johnson, E. B. Roybal-Allard Palazzo Tiberi Duncan (SC) Luetkemeyer Sessions Hurt Carson (IN) Kaptur Ruiz Paulsen Tipton Duncan (TN) Lummis Shimkus Issa Cartwright Keating Ruppersberger Pearce Turner Ellmers Marchant Shuster Jenkins Castor (FL) Kelly (IL) Rush Perry Upton Farenthold Marino Simpson Johnson (OH) Castro (TX) Kennedy Ryan (OH) Petri Valadao Fincher Massie Smith (MO) Johnson, Sam Pittenger Chu Kildee Sa´ nchez, Linda Wagner Fitzpatrick McAllister Smith (NE) Jones Pitts Fleischmann McCarthy (CA) Smith (NJ) Cicilline Kilmer T. Walberg Jordan Poe (TX) Fleming McCaul Smith (TX) Clark (MA) Kind Sanchez, Loretta Walden Joyce Clarke (NY) Kirkpatrick Sarbanes Pompeo Flores McClintock Southerland Kelly (PA) Walorski Clay Kuster Schiff Posey Forbes McHenry Stewart King (IA) Weber (TX) Cleaver Langevin Schneider Price (GA) Fortenberry McKeon Stivers King (NY) Webster (FL) Clyburn Larsen (WA) Schrader Reed Foxx McKinley Stockman Kingston Wenstrup Cohen Larson (CT) Schwartz Reichert Franks (AZ) McMorris Stutzman Kinzinger (IL) Westmoreland Connolly Lee (CA) Scott (VA) Renacci Frelinghuysen Rodgers Terry Kline Whitfield Conyers Levin Scott, David Ribble Gallego Meadows Thompson (PA) Labrador Williams Cooper Lewis Serrano Rice (SC) Gardner Meehan Thornberry LaMalfa Wilson (SC) Costa Lipinski Sewell (AL) Rigell Garrett Messer Tiberi Lamborn Wittman Courtney Loebsack Shea-Porter Roby Gerlach Mica Tipton Lance Wolf Crowley Lofgren Sherman Roe (TN) Gibbs Miller (FL) Turner Lankford Womack Cuellar Lowenthal Sinema Rogers (AL) Gibson Miller (MI) Upton Latham Woodall Cummings Lowey Sires Rogers (KY) Gingrey (GA) Miller, Gary Valadao Latta Yoder Davis (CA) Lujan Grisham Slaughter Rogers (MI) Gohmert Mullin Wagner LoBiondo Yoho Davis, Danny (NM) Smith (WA) Rohrabacher Goodlatte Mulvaney Walberg Long Young (AK) DeFazio Luja´ n, Ben Ray Speier Rokita Gowdy Murphy (PA) Walden Lucas DeGette (NM) Swalwell (CA) Ros-Lehtinen Young (IN) Granger Neugebauer Walorski Graves (GA) Noem Weber (TX) Delaney Lynch Takano NOT VOTING—15 DelBene Maffei Thompson (CA) Graves (MO) Nugent Webster (FL) Deutch Maloney, Thompson (MS) Amodei Frankel (FL) Pingree (ME) Griffin (AR) Nunes Wenstrup Doggett Carolyn Tierney DeLauro Gosar Rangel Griffith (VA) Nunnelee Westmoreland Doyle Maloney, Sean Titus Dingell Matsui Rooney Grimm Olson Whitfield Duckworth Matheson Tonko Edwards Meng Schakowsky Guthrie Palazzo Williams Engel McCarthy (NY) Tsongas Ellison Pelosi Vela´ zquez Hall Paulsen Wilson (SC) Enyart McCollum Van Hollen Hanna Pearce Wittman Eshoo McDermott Vargas b 1656 Harper Perry Wolf Esty McGovern Veasey Harris Peterson Womack Farr McIntyre Vela So the motion to recommit was re- Hartzler Petri Woodall Fattah McNerney Visclosky jected. Hastings (WA) Pittenger Yoder Heck (NV) Pitts Yoho Foster Meeks Walz The result of the vote was announced Fudge Michaud Wasserman Hensarling Poe (TX) Young (AK) Gabbard Miller, George Schultz as above recorded. Herrera Beutler Pompeo Young (IN) Gallego Moore Waters The SPEAKER pro tempore. The Garamendi Moran Waxman question is on the passage of the bill. NOES—181 Garcia Murphy (FL) Welch The question was taken; and the Barber Clay Fattah Grayson Nadler Wilson (FL) Bass Cleaver Foster Green, Al Napolitano Yarmuth Speaker pro tempore announced that Beatty Clyburn Fudge the ayes appeared to have it. Becerra Cohen Gabbard NOES—228 RECORDED VOTE Bera (CA) Connolly Garamendi Aderholt Byrne Daines Bishop (GA) Conyers Garcia Amash Calvert Davis, Rodney Mr. CONYERS. Mr. Speaker, I de- Bishop (NY) Cooper Grayson Bachmann Camp Denham mand a recorded vote. Blumenauer Costa Green, Al Bachus Campbell Dent A recorded vote was ordered. Bonamici Courtney Green, Gene Barletta Cantor DeSantis Brady (PA) Crowley Grijalva Barr Capito DesJarlais The SPEAKER pro tempore. This Braley (IA) Cummings Gutie´rrez Barton Carter Diaz-Balart will be a 5-minute vote. Brown (FL) Davis (CA) Hahn Benishek Cassidy Duffy The vote was taken by electronic de- Brownley (CA) Davis, Danny Hanabusa Bentivolio Chabot Duncan (SC) vice, and there were—ayes 233, noes 181, Bustos DeFazio Hastings (FL) Bilirakis Chaffetz Duncan (TN) Butterfield DeGette Heck (WA) Bishop (UT) Coble Ellmers not voting 16, as follows: Capps Delaney Higgins Black Coffman Farenthold [Roll No. 124] Capuano DelBene Himes Blackburn Cole Fincher Ca´ rdenas Deutch Hinojosa Boustany Collins (GA) Fitzpatrick AYES—233 Carney Doggett Holt Brady (TX) Collins (NY) Fleischmann Aderholt Benishek Bridenstine Carson (IN) Doyle Honda Bridenstine Conaway Fleming Amash Bentivolio Brooks (AL) Cartwright Duckworth Horsford Brooks (AL) Cook Flores Bachmann Bilirakis Brooks (IN) Castor (FL) Ellison Hoyer Brooks (IN) Cotton Forbes Bachus Bishop (UT) Broun (GA) Castro (TX) Engel Huffman Broun (GA) Cramer Fortenberry Barletta Black Buchanan Chu Enyart Israel Buchanan Crawford Foxx Barr Blackburn Bucshon Cicilline Eshoo Jackson Lee Bucshon Crenshaw Franks (AZ) Barrow (GA) Boustany Burgess Clark (MA) Esty Jeffries Burgess Culberson Frelinghuysen Barton Brady (TX) Byrne Clarke (NY) Farr Johnson (GA)

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.062 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2340 CONGRESSIONAL RECORD — HOUSE March 12, 2014 Johnson, E. B. McNerney Schneider The Clerk read the title of the bill. To help prevent Executive overreach Kaptur Meeks Schrader The SPEAKER pro tempore. Pursu- Keating Michaud Schwartz and require greater disclosure when it Kelly (IL) Moore Scott (VA) ant to House Resolution 511, an amend- occurs, the gentleman from Florida, Kennedy Moran Scott, David ment in the nature of a substitute con- Representative DESANTIS, introduced Kildee Murphy (FL) Serrano sisting of the text of Rules Committee H.R. 3973, the Faithful Execution of the Kilmer Nadler Sewell (AL) Kind Napolitano Shea-Porter Print 113–42, is adopted. The bill, as Law Act. Kirkpatrick Neal Sherman amended, is considered read. I want to thank Representative Kuster Negrete McLeod Sinema The text of the bill, as amended, is as DESANTIS for introducing this com- Langevin Nolan Sires follows: monsense legislation to ensure that Larsen (WA) O’Rourke Slaughter Larson (CT) Owens Smith (WA) H.R. 3973 there is greater transparency and dis- Lee (CA) Pallone Speier Be it enacted by the Senate and House of Rep- closure regarding the executive Levin Pascrell Swalwell (CA) resentatives of the United States of America in branch’s enforcement of Federal law. Lewis Pastor (AZ) Takano Congress assembled, Lipinski Payne Thompson (CA) The Justice Department is currently Lofgren Perlmutter Thompson (MS) SECTION 1. SHORT TITLE. required by law to report to Congress Lowenthal Peters (CA) Tierney This Act may be cited as the ‘‘Faithful whenever it decides to adopt a policy Lowey Peters (MI) Titus Execution of the Law Act of 2014’’. to refrain from enforcing a Federal law Lujan Grisham Pocan Tonko SEC. 2. AMENDMENT TO SECTION 530D OF TITLE on the grounds that the law in question (NM) Polis Tsongas 28, UNITED STATES CODE. Luja´ n, Ben Ray Price (NC) Van Hollen is unconstitutional. Section 530D(a)(1)(A) of title 28, United (NM) Quigley Vargas The Faithful Execution of the Law Lynch Richmond Veasey States Code, is amended— Maffei Roybal-Allard Vela (1) by inserting ‘‘or any other Federal offi- Act strengthens this provision by re- Maloney, Ruiz Visclosky cer’’ before ‘‘establishes or implements a for- quiring the Attorney General to report Carolyn Ruppersberger Walz mal or informal policy’’; and to Congress whenever a Federal official Maloney, Sean Rush Wasserman (2) in clause (i), by striking ‘‘on the establishes or implements a formal or Matheson Ryan (OH) Schultz grounds that such provision is unconstitu- McCarthy (NY) Sa´ nchez, Linda Waters informal policy to refrain from enforc- McCollum T. Waxman tional’’ and inserting ‘‘and state the grounds ing a Federal law and the reason for McDermott Sanchez, Loretta Welch for such policy’’. the nonenforcement, regardless of McGovern Sarbanes Wilson (FL) The SPEAKER pro tempore. After 1 McIntyre Schiff Yarmuth whether it is being done on constitu- hour of debate on the bill, as amended, tional or policy grounds. NOT VOTING—16 it shall be in order to consider the fur- As Professor Jonathan Turley ob- Amodei Loebsack Rangel ther amendment printed in part B of served regarding this legislation in tes- DeLauro Matsui Rooney House Report 113–378, if offered by the Dingell Meng timony before the Judiciary Com- Schakowsky gentleman from Minnesota (Mr. ELLI- Edwards Miller, George Vela´ zquez mittee: Frankel (FL) Pelosi SON) or his designee, which shall be It is hard to see the argument against such Gosar Pingree (ME) considered read, and shall be sepa- disclosures. Too often, Congress has only b 1703 rately debatable for 10 minutes equally been informed of major changes by leaks to divided and controlled by the pro- the media. Mr. CONYERS changed his vote from ponent and an opponent. Congress should not have to rely on ‘‘aye’’ to ‘‘no.’’ The gentleman from Arizona (Mr. media leaks and other unofficial So the bill was passed. FRANKS) and the gentleman from Ten- sources to find out that the executive The result of the vote was announced nessee (Mr. COHEN) each will control 30 branch has decided not to enforce Fed- as above recorded. minutes. eral laws. A motion to reconsider was laid on The Chair recognizes the gentleman Congress cannot possibly know the the table. from Arizona. extent of executive branch nonenforce- f GENERAL LEAVE ment of the laws without mandatory REMOVAL OF NAME OF MEMBER Mr. FRANKS of Arizona. Madam disclosure of all nonenforcement poli- AS COSPONSOR OF H.R. 3633 Speaker, I ask unanimous consent that cies by the person who should be fully all Members may have 5 legislative aware of such policies, namely, the At- Mr. COURTNEY. Madam Speaker, I days in which to revise and extend torney General, the Nation’s chief law ask unanimous consent that my name their remarks and include extraneous enforcement officer. be removed as a cosponsor of H.R. 3633. material on H.R. 3973, currently under Passage of H.R. 3973 is essential if The SPEAKER pro tempore (Ms. ROS- consideration. Congress is going to play an active role LEHTINEN). Is there objection to the re- The SPEAKER pro tempore. Is there in overseeing that the separation of quest of the gentleman from Con- objection to the request of the gen- powers between the branches is main- necticut? tleman from Arizona? tained and that the President is faith- There was no objection. There was no objection. fully executing the laws. f Mr. FRANKS of Arizona. Madam I thank the gentleman from Arizona, Speaker, I now yield such time as he the chairman of the subcommittee, for REMOVAL OF NAME OF MEMBER may consume to the gentleman from yielding me this time, and I urge my AS COSPONSOR OF H.R. 1239 Virginia (Mr. GOODLATTE), the distin- colleagues to support this legislation. Mr. CASSIDY. Madam Speaker, I ask guished chairman of the full Judiciary Mr. COHEN. I yield myself such time unanimous consent that the gentleman Committee. as I may consume. from Virginia, Representative RANDY Mr. GOODLATTE. Madam Speaker, Madam Speaker, more of the same. FORBES, be taken off of H.R. 1239, the article II, section 3 of the United As with our consideration of the ‘‘EN- Accessing Medicare Therapies Act. States Constitution declares that the FORCE Act,’’ H.R. 4138, I must note the The SPEAKER pro tempore. Is there President ‘‘shall take care that the lack of deliberative process pertaining objection to the request of the gen- laws be faithfully executed.’’ to consideration of this bill. tleman from Louisiana? However, President Obama has failed The gentleman from South Carolina There was no objection. on many occasions to enforce acts of spoke eloquently on the other bill and f Congress that he disagrees with for pol- talked about the need for process—the icy reasons and has stretched his regu- importance of process. Process can be FAITHFUL EXECUTION OF THE latory authority to put in place poli- important, but process was not impor- LAW ACT OF 2014 cies that Congress has refused to enact. tant on this bill. Mr. FRANKS of Arizona. Madam Although President Obama is not the It wasn’t important in the other bill. Speaker, pursuant to House Resolution first President to stretch his powers Like that other bill, the Judiciary 511, I call up the bill (H.R. 3973) to beyond their constitutional limits, Ex- Committee failed to hold a single legis- amend section 530D of title 28, United ecutive overreach has accelerated at an lative hearing. States Code, and ask for its immediate alarming rate under his administra- The process is you have a hearing. consideration. tion. People come in and talk—experts—

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A12MR7.027 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2341 then you have a markup. You first its law enforcement responsibilities, throughout the country, African Amer- start at the subcommittee. The sub- which is its charge. ican women are more likely to die of committee has a hearing, and they The majority’s real purpose of H.R. breast cancer than Caucasian. have a markup, and then you have a 3973 is to prevent the President’s im- Why is that? plementation of duly enacted legisla- hearing and a markup in the full com- It is not in their genes. No, Madam tive initiatives that they oppose and to mittee. Speaker, it is not in their genes. It is stymie the President’s discretion in en- This one, not a hearing in the sub- because they have not had access to in- forcement of those laws. committee, not a markup in the sub- surance and health facilities to get Allowing flexibility in the implemen- committee, not a hearing in the com- mammograms, to get checkups, and to tation of a new program, even where mittee; simply, all of a sudden—pres- get treated. They don’t have the abil- the statute mandates a specific dead- to—markup, process nixed. That is how ity to get to those health centers line, is neither unusual nor a constitu- we came up with the last bill and this which have been funded through the tional violation. And it has happened bill. Affordable Care Act, more and more When coupled with the fact that my with administration to administration community health centers because of colleagues on the other side of the aisle to administration. the Affordable Care Act, and to get in- provided only the minimum notice re- Such flexibility is inherent in the surance, which they are getting insur- garding this bill, it is hard to believe President’s duty to ‘‘take care’’ that he ance. But in the past they haven’t got- that this is a serious attempt to legis- ‘‘faithfully’’ execute the laws. And the ten it, their morbidity rate is greater, late because it tramples on the legisla- exercise of enforcement discretion is a and they have died. Sometimes it is be- tive process, the rights of the minority traditional power of the Executive. cause they don’t have transportation to have notice, the rights of the public Not surprisingly, the Supreme Court to get to the doctors, and that is be- to have notice, and the right to have a has consistently held that the exercise cause of our limited resources that we hearing with experts testifying. of such discretion is a function of the put in funding mass transit. Unfortunately, the end product evi- President’s powers under the Take dences what happens when you don’t Care Clause, and this was reiterated by So in so many areas which we have follow regular order, which is due proc- the Court as recently as 2012 in Arizona neglected and should be dealing with ess, notice, and a hearing. We do the v. United States. This is particularly now on health care issues, on the envi- same thing here. true if the bill’s proponents intend to ronment, on immigration, taking peo- Here are just a few of the problems reach decisions like the deferred action ple out from the shadows and putting with this bill: H.R. 3973 would impose on removing DREAMers from the coun- them to work legally where they pay burdensome and wasteful requirements try. That decision was a routine exer- taxes and where young people brought on the Justice Department to the det- cise of enforcement discretion, but here with their parents made great riment of its law enforcement func- H.R. 3973 would require the Attorney grades in school, could go to college tions. They would probably have to General to report on every such rou- and stay here, participate and fulfill hire new personnel and increase the tine decision to Congress. You can’t en- their dream and fulfill their potential, debt, which, of course, the other side force every law to the fullest, and pros- work hard and play by the rules, we are always talks about being passed on to ecutors and people make decisions on not doing that. the next generation. which are the most important and Instead of using this limited legisla- Section 530D of title 28 of the United which are prioritized. tive time we have got, this is yet an- States Code already requires the Attor- Professor Christopher Schroeder, the other opportunity to bash immigrants ney General to report to Congress any minority witness on the Judiciary or to rail against giving health insur- instance in which the Attorney Gen- Committee, noted that the number of ance to those who would otherwise be eral or any Justice Department official such enforcement decisions is simply without it. We should be addressing establishes or implements a formal or too numerous to count. these broken systems that we have on informal policy against enforcing, ap- Given the foregoing, I must reiterate immigration, helping struggling home- plying, or administering a provision of that this process is a waste of our time, owners and students buried in debt and Federal law on the grounds that such especially when there are other far fighting discrimination among many provision is unconstitutional, and more pressing concerns to address. other challenges facing our great Na- there are 94 U.S. attorneys and a whole How many times have we had people tion, allowing people every opportunity bunch of agency heads and a whole call us and tell us that they need un- to vote rather than taking voting op- bunch of cabinet members and folks. employment compensation, that they portunities away from them at every Current law, therefore, allows an ad- don’t have money to buy goods, to buy opportunity possible. That is the an- ministration to refuse to enforce a law food for their child, to buy food for tithesis of America, trying to deny peo- in the extremely limited circumstance themselves, or to provide shelter? And ple the opportunity to vote under the where law is deemed unconstitutional. yet unemployment insurance has veil of identity. No other reason is sufficient. lapsed. We are doing a disservice to the H.R. 3973 fails to define exactly which How many times do we have people American people in choosing to spend individuals in the Federal Government say they want to work and get a job, our time on these issues which are would qualify as a ‘‘Federal officer.’’ but we haven’t passed an infrastruc- issues that are not going to pass the There is nowhere in the USCA that I ture bill. That is usually a bipartisan Senate and see the light of day—and we have seen—and we have researched it— measure. For years, it has been bipar- know it—instead of trying to come to- where this Congress has defined a Fed- tisan. Mr. Bill Young worked well on gether and work with each other. I eral officer, and yet we are instructing these bills getting things done. We have reached out to Members on the Federal officers. don’t have infrastructure bills to keep other side and said: Why don’t we find us going and deliver goods and services b 1715 common ground and pass something? and put people to work. They kind of look at me and say: I get Now, the courts might have had some How many times have people come my orders, too. Unfortunately, the or- gibberish, but this Congress never did. up and talked to us about their con- ders aren’t working for the American As a result of this oversight, the At- cerns about health care, when we could people. torney General would have to review be maybe coming together and finding enforcement decisions by hundreds—if ways to make health care even more Madam Speaker, I reserve the bal- not thousands—of individuals who affordable? The Affordable Care Act ance of my time. work in the executive branch and may was a beginning, giving a lot of people Mr. FRANKS of Arizona. Madam qualify as officers in order to deter- health care they otherwise didn’t have. Speaker, I now yield myself such time mine whether their decisions trigger In my district, the differential between as I may consume. the requirements in this bill. This bur- African American women and White I begin by just pointing out, contrary den would drain already limited re- women in morbidity on breast cancer is to the gentleman’s assertion, the term sources in the Justice Department for the greatest it is in the country. And ‘‘Federal officer’’ is mentioned 238

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.067 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2342 CONGRESSIONAL RECORD — HOUSE March 12, 2014 times in the Federal Code, and the Dic- what he is doing is abrogating the Con- dent Madison and the noble experiment tionary Act defines ‘‘officer.’’ It institution of the United States. That is and asked the rhetorical question, all cludes any person authorized by law to exactly the sort of overreach Madison people were equal under the law—ex- perform the duties of the office. warned us about, and it is exactly what cept for African Americans who were Contrary to some of the other discus- we are referencing when we talk about slaves, people who couldn’t pay a poll sions, this bill is focused on trying to an Imperial Presidency. tax, and women. So let’s get away from make sure that we faithfully enforce Unfortunately, Madam Speaker, we this homogenized perspective of the the laws and that we understand when are dealing with a President who has way the world was and try to get to the the laws are perhaps being not enforced admitted he would prefer to be way the world should be. for persons suggesting that they are unconfined by constitutional limita- DANIEL WEBSTER has a quote up unconstitutional or otherwise. tions. He specifically said: there, by bringing forth all of our re- So, Madam Speaker, it is inherent, I Wherever and whenever I can take steps sources, develop our resources and our suppose, in the nature of Washington, without legislation, that is what I am going land and its institutions, so that while D.C., politics that, at a certain point, to do. we are here, we, in our day and our all of the back-and-forth discussion Madam Speaker, they say that to be generation, may not perform some- eventually turns into white noise, and forewarned is to be forearmed. This thing worthy to be remembered. the continual debating, reporting, and President has not been shy about his Well, we are not doing that today. blaming is so commonplace that many intentions to go beyond the Constitu- And the references to the IRS have Americans tune it out entirely. tion when he is inclined. Under this ad- been debunked. They were equally ap- And just as the partisanship in Wash- ministration, the IRS has become a po- plied to people who used organizations, ington causes so many to tune out the litical tool used against those who op- 501(c)(4)s, beyond their original pur- substance of the debate, so do we also pose the President’s policies. The Jus- pose. It was not anything political. And that goes to show the basic nature become accustomed sometimes to hear- tice Department has adopted a policy of this, because it is another attack on ing lofty rhetoric and allusions to our of selective law enforcement, essen- the President of the United States. Founding Fathers. But tonight, I pray tially rewriting the law by only enforc- that we can all truly listen anew to the The President said: whenever I can ing the ones they prefer. The Senate’s take action without legislation. When men whose ideas so revolutionized the role in the appointment process has world because the challenges we now he can take it without legislation, been ignored outright, with the admin- when he is permitted. face were not unforeseen, Madam istration making so-called recess ap- With that, I yield as much time as Speaker. pointments, even though the Senate she may consume to the gentlewoman James Madison, in Federalist Paper was not in recess. from California (Ms. LOFGREN). 48, expressed his concern that eventu- The legislative branch has been Ms. LOFGREN. Madam Speaker, ei- ally the mere rule of law might not be deemed little more than an inconven- ther this bill does nothing because it is enough to restrain those who really ient hurdle, with legislation like the vague or it does something that is a se- had a mind to abuse the power of their DREAM Act and ObamaCare being ei- rious problem. In the committee report office. He said: ther imposed via fiat or grossly and re- for this bill, it specifically calls out as Will it be sufficient to mark, with preci- peatedly modified without the input, something that is wrong the DREAM sion, the boundaries of these departments, in consent, or action on the part of Con- Act, apparently suggesting that the the Constitution of the government, and to gress. DREAMers should be deported. trust to these parchment barriers against We have seen the unconstitutional the encroaching spirit of power? But experi- Now, I don’t believe that what hap- ence assures us, that the efficacy of the pro- seizure of reporters’ phone records, re- pened with the DREAMers, the de- vision has been greatly overrated; and that ported spying even on Members of Con- ferred action, was beyond the Presi- some more adequate defense is indispensably gress, and attempting to force small dent’s authority. And I have this letter necessary for the more feeble, against the businesses to disclose their political af- here that was sent in 1999 signed by the more powerful, members of the government. filiations before being considered for late Henry Hyde and two Republicans When Madison originally published Federal contracts. At what point, who went on to chair the Judiciary this paper in 1788, he did so using the Madam Speaker, do we say enough is Committee, Mr. SMITH and Mr. SENSEN- title, ‘‘These Departments Should Not enough? BRENNER, urging then-President Clin- Be So Far Separated as to Have No I would remind all of us of the plead- ton to do the same thing that Presi- Constitutional Control Over Each ing words of DANIEL WEBSTER to all dent Obama has now done, which is to Other.’’ Americans when he said: come up with actual standards that are Mr. Madison expressed these con- Hold on, my friends, to the Constitution, then applied. So I don’t think that this cerns only 12 years after America had and to the Republic for which it stands, for bill should change that. declared its independence. And I would miracles do not cluster, and what has hap- But let’s say it does. Let’s say that submit that in the intervening 226 pened once in 6,000 years may never happen we would have to report each time a years, these abuses have spiraled out of again. So hold on to the Constitution, for if DREAMer applies for deferred action. I the American Constitution should fall, there control. will be anarchy throughout the world. think what we are talking about is I would urge Americans to ask them- that 500,000 or so DREAMers, their Madam Speaker, the Faithful Execu- selves: Has this administration moved names and addresses, would have to be tion of the Law Act is one very impor- our Nation back toward the noble reported in to the Congress. Is that tant step in the right direction. This dream imagined by men like James really what we want to do, to have all bill will help prevent executive over- Madison when all laws were equally en- those kids be reported in to the Con- reach and require greater disclosure forced and all people are equal under gress? when it does occur. those laws, or has this administration Let’s talk about another thing men- I want to thank Congressman worsened the trend Madison detected tioned in the earlier bill, specifically DESANTIS for bringing this legislation so early on? on page 14 in the committee report, the forward. I want to thank Chairman President Obama infamously said on so-called point 3, unlawful extension of GOODLATTE for his steadfast leadership this very floor, Madam Speaker: parole in place. What the President on bringing this administration’s exec- did—as prior Presidents have done—is We are not just going to be waiting for leg- utive overreach to light, and I would islation in order to make sure that we are to parole the immediate family, the providing Americans the kind of help they urge my colleagues to support this bill. husbands and wives, of American sol- need. I have got a pen, and I have got a I reserve the balance of my time. diers who are in immigration trouble. phone. And I can use that pen to sign execu- Mr. COHEN. Before I yield to Ms. tive orders and take executive actions and LOFGREN, I would just like to comment b 1730 administrative actions that move the ball a couple of things. The reason for that, and the military forward. Without disrespect to our Founding asked us to do that, the last thing you To this I would humbly respond, Fathers—I revere them all alike—but want, you have a soldier in Afghani- Madam Speaker, no, he can’t, not if Mr. FRANKS was talking about Presi- stan dodging bullets, you don’t want

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.068 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2343 that soldier worrying about what is authority under article I of the Con- that a lot of these ObamaCare delays going to happen to his wife, the visa stitution to legislate, and we have the are done to help Democrats in the mid- got lost and she is facing deportation, exclusive authority to legislate. term elections, that maybe they won’t and so parole in place was used. The President has the duty to take lose as many seats if you can do that. Now, we believe, and I mentioned, care that the laws are faithfully exe- Well, this is stuff that I think the there is a specific statutory authority cuted. He does not have authority dele- American people need to know. That is for that, section 212(d)(5) of the Immi- gated him to amend, suspend, or a completely unacceptable reason to gration and Nationality Act, but ap- change duly enacted laws, and this is a suspend laws. parently the majority believes it is un- fundamental principle of our constitu- So ultimately, I urge my colleagues lawful. So what would this bill mean? I tional system, that there are separated to support this bill. guess that all of the wives and hus- powers and checks and balances. The only way it could potentially be bands who are not deported, and I guess George Washington, in his farewell burdensome is if their people through- their little children, their names and address, admonished the Nation that to out the bureaucracy are instituting addresses should be reported in to the preserve these checks must be as nec- nonenforcement policies left and right. Congress. So we have a little list here essary as to institute them. The average Federal official does not of people who are Americans in every The problem that I keep running into have the authority to decide to insti- way but their papers, whose husbands is, if I don’t know what the limiting tute a policy of nonenforcement. They are off fighting for our country, but we principle in some of these things is, if may be able to institute discretion on are going to create a list of them. I you can suspend the ObamaCare insur- a case-by-case basis. I was a pros- think they are going to feel exposed ance mandate and you can suspend the ecutor, I couldn’t just decide not to en- and at risk. business mandate and you can suspend force drug laws anymore, so some of If the bill does anything, it does the individual mandate, can a Repub- this stuff is a red herring. something very dangerous and wrong. lican President come in and just sus- I thank the chairman for yielding me We should not vote for this. I oppose it. pend the whole shebang? If not, why the time, and I thank the chairman of I oppose the deportation of the not? What is the difference? the full committee for offering this Make no mistake about it, when DREAMers, as the majority has asked bill. I urge my colleagues to support it there is a Republican President, there be done in these two bills, and I hope Mr. COHEN. Madam Speaker, first, I is going to be pressure on that Presi- my colleagues vote against it. would like to say that Federal officer dent to suspend provisions of law that Mr. FRANKS of Arizona. Madam may be mentioned many times in the those voters who elected that indi- Speaker, I yield 3 minutes to the gen- code, but not defined; not defined. vidual don’t like. If we start going tleman from Florida (Mr. DESANTIS). Madam Speaker, I yield such time as back and forth where one side enforces Mr. DESANTIS. I thank the chair- she may consume to the gentlewoman what they like and the other side en- man for yielding me this time. from California (Ms. LOFGREN). Madam Speaker, I have to tell you, forces what they like, then you don’t Ms. LOFGREN. Madam Speaker, if listening to the other side, I don’t really have a legislative body passing you look at the actual statute that is know what world they are living in. We laws. We are essentially passing sug- being proposed here, it says the report didn’t have a hearing on the bill? I tes- gestions, and then it is ultimately the shall be made by any Federal officer, Executive who determines what will be tified at the hearing; I don’t think I undefined, establishes or implements enforced and what will not be enforced. made that up, I think that happened. these policies, to refrain. The idea that we are going to be re- That is not a road, I think, we want to I would note, and it was hardly a se- porting people’s names and phone num- go down. cret when the deferred action program The good thing about this bill is it is bers for this bill—no. The Attorney was started, it was a memorandum on just saying put your cards on the table. General will go and say we have estab- June 15, 2012. It was made available to If you are going to not enforce certain lished a policy not to enforce the committee and to Congress, and it provisions of law, then report it to ObamaCare mandates, for example. We points out on page 2 that the exercise Congress and let us know about that. of prosecutorial discretion will be have a situation now where these poli- The SPEAKER pro tempore. The made on an individual basis for those cies are illegal under the law. So if you time of the gentleman has expired. actually looked up the law, they would Mr. FRANKS of Arizona. Madam who fit within the category. So I think be illegal, but the executive branch has Speaker, I yield 3 minutes to the gen- if this means anything, and it may not taken the position that we are not tleman. because it is vague, it means that each going to enforce that for a couple of Mr. DESANTIS. Madam Speaker, I time an individual receives the benefit years, so there is a divergence between thank the gentleman. of that prosecutorial discretion on a the law on the books and the law in ac- So put your cards on the table. We case-by-case basis, they would have to tion, and those are the types of in- should not in Congress have to rely on be reported to the Congress. stances, policy decisions not to enforce a leak to the press or find a blog post Now, what information would be re- that will be done. That ultimately is or look in some footnote in some unre- ported? I don’t know; presumably the what we are talking about here. lated Federal rule to know whether name or the case file or the phone Some people want different policy some of these things are being sus- number. There are many John Smiths outcomes one way or another, but the pended, and the American people de- in that group of kids, so I presume that important part of this is we are talking serve to know whether or not their you would need more than just the about power and we are talking about laws are being enforced. name, perhaps an address or other authority. So in some of these in- So at the end of the day, this is real- identifier. The point is, we are creating stances, I don’t agree with those ly a transparency provision. It has a little list here. It is a little list that ObamaCare mandates; I would like to worked with, in terms of the constitu- I think will feel very dangerous to get them off the books, and so tional questions—Attorneys General those who are identified, and unwar- policywise I agree with that, but as a Gonzalez, Mukasey, and Holder have ranted by those whose hearts are very matter of authority, the President can- reported to the Congress when the Fed- touched by DREAM Act kids who were not simply suspend that law that was eral Government has adopted policies brought here as children. As the prin- enacted. That ultimately is what we of nonenforcement due to constitu- ciples released by the Republican lead- are talking about, clarity and how the tional concerns. ership pointed out, these are young government is operating. So this says if you are going to take people who committed no offense, Ultimately, the power resides with the position that as a matter of policy whose only country is the United the American people, not with Mem- you are not going to enforce clear man- States; and but for pay-for, they would bers of Congress or with the President. dates in law, then provide that to us, be Americans. I don’t think it is some- The people own power under the Con- offer your justification so we can thing that we should do, to have their stitution, and then we exercise that au- evaluate it. names released, to deport them, to thority consistent with the power that Ultimately, I think it is now just turn our backs on them, as this bill they have delegated to us. We have the common parlance in the press here would do.

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.070 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2344 CONGRESSIONAL RECORD — HOUSE March 12, 2014 Mr. FRANKS of Arizona. Madam introducing this straightforward but saying: Why is there the ability to Speaker, I would just point out that necessary piece of legislation. I encour- change the law? this bill does not anticipate the appro- age all of my colleagues on both sides It is not prosecutorial discretion. It priateness of one law or another, just of the aisle to support this bill to keep is saying: there is a black letter date, the inappropriateness of ignoring the the rule of law and to protect our con- I am changing it, I don’t like it. law in general. stitutional Republic. That is wrong. When you are looking I yield 3 minutes to the gentleman Mr. COHEN. Madam Speaker, I yield at discretion, it is not an issue of do I from Florida (Mr. YOHO). 2 minutes to the gentleman from New want to do it or not; it is an issue of Mr. YOHO. Madam Speaker, I thank York (Mr. JEFFRIES). what does the law say? my colleague for yielding. Mr. JEFFRIES. I thank the gen- People back home could care less We talk about this country as a tleman for yielding. Madam Speaker, I about Washingtonspeak. They could country of law, and transparency gets rise today in opposition to a bill that care less about what goes inside the thrown around, as does accountability, perhaps could more appropriately be beltway. They care about their lives, all the time, yet we fail. We come up called the ‘‘Failure to Execute Our and they care about a government that short time and time again. Legislative Responsibilities Act.’’ they read about in textbooks that said The current administration has made This bill is a legislative solution in here is how a bill becomes a law and multiple attempts to bypass its article search of a problem. There is no evi- here is how it works. We even had a lit- II duties and instead assumed the arti- dence, there is no basis, there is no tle jingle about it on Schoolhouse cle I legislative powers reserved for record to rationally conclude that the Rock. Congress. The numerous changes to the President of the United States has But we decided to move away from Affordable Care Act and the implemen- breached his obligations under the law that. In fact, if the Republicans were tation of a one-size-fits-all prosecu- in a manner that is inconsistent with not here talking about this, you would torial discretion policy are just a few the Constitution. not have heard about some of these examples of the Executive’s failure to Now I recognize, Madam Speaker, things because they are buried in many faithfully execute existing Federal that there are some individuals in this places—the very things that we talking laws. town who believe that the President of about here, but the American people, Under current law, the Attorney Gen- the United States broke the law in especially in my district, want us to do eral must report to Congress whenever January of 2009 when he first took the more. They want us to say: reaffirm a Department of Justice official imple- oath of office, but there is no room for your article I responsibilities. Now, the interesting thing here is we ments a policy to enforce a Federal hyperbole or hypocrisy or hysteria in have had testimony, yes, in committee law. H.R. 3973, the Faithful Execution the legislative process. talking about this issue. The gen- of the Law Act, simply extends that re- This matter is another diversion tleman in which we disagree on policy, quirement to apply to all Federal offi- from the business of the American peo- Mr. Turley, has said you may not like cials. This is a commonsense bill that ple that we actually should be doing. it, and I like some of what has been will bring transparency to the current We stand here again today wasting the done, but this is not the way to do it. and future administrations’ execution time and the treasure of the American people. We should be dealing with com- It goes back to just really an under- of the law. standing of what undermines Congress. By requiring these reports to Con- prehensive immigration reform, but We talk about our approval rating, we gress, the American people will get House Republicans are blocking it. We talk about our lack, but we don’t do clarity on which laws are not being ex- should be increasing the minimum what we are supposed to do because we ecuted and assurance that these deci- wage, but House Republicans are block- are not holding article I responsibility sions are correctly made. This will also ing it. We should be extending unem- and accounting transparency from an bring healthy debate and an oppor- ployment insurance, but House Repub- executive who blatantly disobeys it. tunity for the Executive to tell Con- licans are blocking it. This bill is a dis- traction. So what do we need to do? We have gress why a law is changed, in what got to reassert that article I authority. fashion it is changed, and why it is nec- I urge my colleagues to vote ‘‘no’’ and let’s get back to doing the business It is not only in bills like this and also essary. For that reason, I would think the one we just passed, but it is also the administration would welcome this of the American people. Mr. FRANKS of Arizona. Madam looking at our article I responsibility legislation. However, the administra- Speaker, I yield 3 minutes to the gen- with budgeting. It is our article I re- tion has stated that this bill would tleman from Georgia (Mr. COLLINS). sponsibility to say we have got to come overburden the Attorney General be- Mr. COLLINS of Georgia. Madam to an agreement and say this is the law cause he would have to know every law Speaker, when I rise today, it is amaz- and the executive has to enforce that in every Federal agency. Madam ing that I have actually come to the law. Speaker, who else but the chief legal floor and heard said it is a waste of This is something that we can—and officer of the United States is better time, it is problematic talking about my good friend from Tennessee, we dis- equipped to argue over whether or not the very structure of our government, agree on a lot of things—but we can to change existing law? the very structure that was formed, agree on one thing today. We can work My colleagues on the other side of and how we interact with each other. I together on this because I remember, the aisle may disagree with the moti- just don’t get it. I never thought I when you all was back watching on C– vation for bringing this bill forward, would come to the floor of the House SPAN just a few years ago, the same but they cannot deny that it sets and actually hear those words actually outrage. Why would the President precedent to help both Democrat and uttered. make signing statements? Republican Congresses to keep future In fact, we talk about Imperial Presi- administrations in check. I ask my col- b 1745 dency. I remember the first time Impe- leagues to imagine a Republican Presi- And I do remind my friends from rial Presidency came up. It happened dent not enforcing the law that they across the aisle that there was that to be from the ranking member of our support, and remind them that it is nirvana just a few years ago, and I do committee, Mr. CONYERS, when he easy to overlook a violation of process it every time because we talk about wrote about the Imperial Presidency of when one agrees with the substance. immigration reform in which there is Bush. There could come a day when you, basically control of everything, and So let’s take the hyperbole out. like us today, will not be able to over- you just chose not to act on it. The SPEAKER pro tempore. The look a similar violation of the process. So let’s move past the point when we time of the gentleman has expired. The beauty of our Constitution is that can look at what we are doing here Mr. FRANKS of Arizona. Madam it has no subjective bias or political today, and that is looking at a law that Speaker, I yield 2 minutes to the gen- preference, but rather, it applies equal- actually goes back to the under- tleman. ly and without agenda. standing of why we are here. Mr. COLLINS of Georgia. So the I thank my good friend from Florida Every time I go home and every time question that comes to mind is: Why (Mr. DESANTIS) and the chairman for I am up here, I get calls, I get notes, are we here?

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.071 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2345 It is because of the folks that I see voted against it. It was killed by Re- Street Journal. It says, in today’s every day that want to say: Congress publicans in the Senate, but we did our issue, describing yet another doesn’t do anything, the President does best to pass the DREAM Act. ObamaCare delay that flies in the face whatever he wants to do, why is Con- In fact, it did pass this House, and I of the statutory text: gress not doing anything? still have the gavel that Speaker This latest political reconstruction has re- We are doing something. These bills PELOSI used while presiding over that ceived zero media notice, and the Health and that we are passing today move for- measure displayed proudly in my of- Human Services Department didn’t think ward and say we are asserting our re- fice. the details were worth discussing in a con- sponsibility and our role. I think, also, as we discuss matters, ference call, press materials, or fact sheet. But this is what breaks my heart, we can help undercut confidence in our Instead, the mandate suspension was buried in an unrelated rule that was meant to pre- really frankly, is that this should be system of government. Yes, we are fans of article I because we are in the Con- serve some health plans that don’t comply bipartisan. This should be something with ObamaCare benefit and redistribution we come down here and both agree on. gress, but article II has its role as well. mandates. Our sources only noticed the It should be bipartisan that we should I think it is important to note that change this week. the Supreme Court itself has, as re- work together. Madam Speaker, this is not the way cently as last year, noted—and that is For me, this is not an issue of who re- Congress should be informed of the in the Arizona case—that Federal im- sides at 1600 Pennsylvania. That is ir- President’s failure to faithfully exe- migration officials have broad discre- relevant to me. What is important to cute the law or his utter defiance of tion, including ‘‘whether it makes me is this institution that was set up the law or his executive endeavor to sense to pursue removal at all’’ as part to make laws, to execute laws, and to amend the law outside the bounds of of their authority under the Constitu- judge the constitutionality of laws. his article II constraints. That is the way our system was set up. tion. Further, we have delegated to the Madam Speaker, when the President It has changed through the years. If or any other Federal official adopts a the Attorney General or the adminis- President by statute, 6 U.S. Code 202, for the administration using its article policy of failing to enforce a law or re- tration feels that there is a law that is II authority to establish the national fusing to enforce a law, it should im- wrong or unconstitutional, then the immigration enforcement policies and mediately inform Congress in writing, process is to come back to Congress priorities, which is what the President so the duly elected representatives of and say here is our ideas, and you come did. the American people can respond ap- to the elected representatives of the So let’s not instill anxiety and confu- propriately. people. sion among our constituents by some- To have to find out in a newspaper You don’t continue to just say I don’t how saying, when the President uses article or find out on a Web site or, like it, I am not going to enforce it; the authority that we have granted to worse yet, in one of the earlier uncon- and for many of these, to say this is him that the Supreme Court has noted stitutional overreach efforts of the just simply prosecutorial discretion is he has, that somehow that is improper. President to amend the ObamaCare an affront to the American people. It is not. law, we found out on a third-tier U.S. The reason we are here today is Con- I would say further, on the merits of Treasury Web site. gress is asserting itself and asserting the case, this is not just random au- Now, what of 316 million Americans its role, and for the Ninth District of thority, as the gentleman from Arizona responsible to know what the law says Georgia, that is why they sent me, is to suggested earlier. It is the majority and do our best to comply with it can do what Congress is supposed to do, but who specifically mentions the DREAM be cruising around on a third-tier U.S. also hold the administration account- Act on page 2 of their report—of the Department of Treasury Web site, to able for what they are supposed to do committee report, as being problem- see if the President has gotten up that because back home they don’t get it. atic and a reason for this legislation. morning or gone to bed late the night They remember I am just a bill, just It was the majority report, not me, before, maybe a little bleary-eyed, and an ordinary bill. That is the way it was who suggested that. I think it is very issued some kind of an order that there supposed to work. mistaken and wrong on a policy mat- is going to be another change in It is time we start rewriting the text- ter, wrong on a legal matter, and ObamaCare? books. It is time to get back to trans- wrong constitutionally. ObamaCare, it has his name on it, parency and faithfully executing the Mr. FRANKS of Arizona. Madam Madam Speaker, the President’s name, law. Speaker, I yield 5 minutes to the gen- ObamaCare on the top and his signa- With that, I ask for support of this tleman from Iowa (Mr. KING). ture on the bottom. bill. Mr. KING of Iowa. Madam Speaker, I We had a constitutional review meet- Mr. COHEN. I yield myself such time thank the gentleman, the chair of the ing this morning with constitutional as I may consume. Constitution Subcommittee, for yield- scholars, and I said: Is it 31 times that I would just like to respond a little ing to me. the President has, by the stroke of his bit to what was said, and it was said in I rise in support of this act. I am a pen or the word of his mouth, amended a previous discussion by my friend little bit astonished by some of the de- ObamaCare? from South Carolina about why Con- bate and the dialogue that has taken They corrected me. They said: no, it gress is in such disrepute. He was place here throughout this day, espe- is 38 times. thinking, if we pass this bill, people cially on the topic matter that is Exec- I don’t have that list. I hope I get will think better of us. utive overreach. that list because I would like to exam- I would submit the reason Congress We have had extensive hearings in ine some of them that I am missing, is in such disrepute is because the GOP the Judiciary Committee. It should be but the President of the United States shut down the government. People clear to all that, when the liberal con- has no authority to amend ObamaCare. don’t know about how you make a bill, stitutional professors are concerned Yes, there is executive discretion on per se, but they know they want their about our country, a tipping point in the implementation of it, but the government opened. When they come our Constitution, it is time for maybe starkest violation of the Constitution to Washington, they want to go to dif- a little bit more of an open dialogue and the starkest amendment to ferent places. The GOP shut down the here and I think more of an objective ObamaCare is the one that people government for 17 days, and that is dialogue. agreed with, and it is this: that the wrong. I would bring to your attention, President announced that he was going Madam Speaker, I yield 1 minute to Madam Speaker, some language that to delay ObamaCare, the employer the gentlelady from California (Ms. was in The Wall Street Journal today. mandate, for an extra year when the LOFGREN). It was in support of the Faithful Exe- bill itself says the implementation of Ms. LOFGREN. Madam Speaker, I cution of the Law Act and then the re- the employer mandate shall commence would just like to note that, in 2010, porting act that we are talking about. in each month after December of 2013. the House of Representatives did pass It is a perfect example of why this Now, I don’t know how the gentle- the DREAM Act. Eight Republicans bill is necessary in a report in The Wall lady from California’s dialogue gets

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.072 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2346 CONGRESSIONAL RECORD — HOUSE March 12, 2014 around that very, very strict language chairman of the Rules Committee, Mr. What is even worse is this bill is a that was written into ObamaCare. It SESSIONS, said that President Obama thoroughly flawed solution in search of doesn’t say if the President changes his liked the law so much—the Affordable an imaginary problem. Over the course mind; it doesn’t say if Democrats are Care Act—that he had it named for of two oversight hearings on the topic, vulnerable. It says shall commence in himself. Today, my friend from Iowa the bill’s supporters have failed to each month after December of 2013; yet said they put his name on it. identify a single example of the Presi- the President decided he would just b 1800 dent really failing to ‘‘faithfully exe- simply delay that for a year. Now, cute’’ the law. there are, what, 30 or 37—pick your Well, he didn’t define ‘‘they.’’ It It is clear that they have confused number—different times the President wasn’t us. It’s the Affordable Care Act, constitutional violations with the has done this? Patient Protection Act. It was the op- President’s legitimate exercise of en- I remember criticism from last sum- ponents of the bill, them, that started forcement discretion, which is not only mer when I was asked by the press and calling it ‘‘ObamaCare,’’ thinking that well within his authority, but is in fact the public and the demand from people would be a pejorative, and they have required by the Constitution’s Take on the other side of the aisle, gotten so used to it, they think we did Care Clause. ObamaCare is the law of the land, so it. Take credit for what you do, but Whether it be increasing the min- we are obligated to fund it through the forgive them, for maybe they don’t imum wage with Federal contractors, appropriations process. know what they do. which he is allowed to do; allowing the That was a big debate here on the I yield such time as he may consume DREAMers to stay in the country by floor of this House. I said, then, we to the gentleman from New York (Mr. deferred deportation orders, for which don’t know what the law is because the NADLER). there is much precedent; or even delay- President has so stirred the pot with Mr. NADLER. Madam Speaker, I rise ing implementation of certain provi- his executive orders, his executive pen, in opposition to this burdensome and sions of the Affordable Care Act, all of his cell phone, his ink pen, or his press unnecessary piece of legislation. these actions are well within the Presi- conferences, that no one today knows We all know this is a message bill, a dent’s legal authority. Of course the what ObamaCare is or says. one-House bill that is not going any- President has the authority to set Even if we think we knew, we would where in the Senate and is intended guidelines for Federal contractors or to have to be a contemporary scholar of only as political propaganda against prioritize immigration enforcement the bill, and we couldn’t go to bed to- the President. It is a sham, and we all dollars away from deporting children. night thinking we knew what it would know it. In fact, we have come to ex- Even when it comes to delaying dead- be tomorrow morning because it is pect it. lines of provisions in the Affordable likely to change again. That is what is Never mind that there are real prob- Care Act, his goal was not to undergoing on, simply, with just ObamaCare. lems facing the American people that mine the law. It was the exact oppo- By the way, I would add conscience we can and should be working on, like site—to ensure that the law continues protection, when we were assured—and raising the minimum wage, reforming to work well for the millions of Ameri- it was to be written into the bill—that our broken immigration system, cre- cans who are benefiting from it: the the conscience protection would be ating jobs, extending unemployment children under age 26 who can remain there for those folks who had a con- insurance. on their parents’ policies, those with cern. I guess it’s not enough for my col- preexisting conditions who can get in- The SPEAKER pro tempore. The leagues on the other side of the aisle to surance, women and seniors benefiting time of the gentleman has expired. ignore America’s real problems. They from increased preventive care serv- Mr. FRANKS of Arizona. Madam have to waste time on invented prob- ices, of course the millions of pre- Speaker, may I inquire as to how much lems that don’t really exist. viously uninsured who now have health time is remaining? That brings us to the bill before us insurance. The SPEAKER pro tempore. The gen- today. This bill would require the At- So, Madam Speaker, I hope my col- tleman from Arizona has 3 minutes re- torney General to report to Congress leagues will be content with their mes- maining. The gentleman from Ten- any instance when any Federal officer sage bill based on half-truths, com- nessee has 91⁄2 minutes remaining. establishes a policy to refrain from en- pletely unworkable technically, and Mr. FRANKS of Arizona. I yield an forcing, applying, or administering any completely without any benefit to the additional 30 seconds to the gentleman. Federal law, as well as to state the millions of Americans who want more Mr. KING of Iowa. I thank the gen- grounds underlying such a nonenforce- from Congress than silly messages. tleman. ment policy. Americans want results. They want I want to make a point. The Presi- It expands the current law, which re- higher wages, a better immigration dent even amended ObamaCare by quires the Attorney General to report system, and affordable health care. I press conference, which is completely instances when he determines not to guess the Republicans are content to outrageous. enforce the law because he believes have them wait and to try to entertain Not to get to the immigration com- that law to be unconstitutional. This them with silly nonsense. It is really ponents of this, there is nothing in this new burdensome mandate would not sad. I hope we can get down to dealing that deports anyone. The things that only result in confusion and drain al- with serious issues in this Congress. we did with my amendment addressing ready-limited law enforcement re- Mr. FRANKS of Arizona. Madam the DACA language are also the Presi- sources, but would present separation- Speaker, I now yield 11⁄2 minutes to the dent’s overreach; and by the way, the of-powers concerns as to its constitu- distinguished gentleman from Texas prosecutorial discretion says on an in- tionality. (Mr. GOHMERT). dividual basis only seven times in that The bill would require the Attorney Mr. GOHMERT. Madam Speaker, I order, but it creates entire classes of General to oversee every single Federal heard my friend from Tennessee talk people—four classes of people—encom- officer, every U.S. attorney, every dep- about revisionist history, and yet he passing hundreds of thousands of peo- uty U.S. attorney, every agent of any has also talked about the Republicans ple. Federal agency, thousands of people, shutting down the government. You can’t describe hundreds of thou- and would require him to determine in So that we get this accurate, the sands of people of being individuals. every instance when they prioritize en- truth is this body here proposed and They are groups created unconsti- forcement of some classes of cases over passed three different compromises. tutionally by the President. others whether such exercises of discre- One was going to suspend ObamaCare Mr. COHEN. Madam Speaker, I yield tion constitute a ‘‘policy’’ of non- for a year. The Senate would not even myself such time as I may consume. enforcement. What a complete mess. take that up; they wanted a shutdown. First, I want to set the record Millions of decisions every year. Talk Then we sent down a bill we passed straight before we get too much revi- about your bureaucratic nightmare, from here that would actually just sus- sionist history here. Yesterday in the not to mention your waste of tax- pend the individual mandate—that the Rules Committee, the distinguished payers’ dollars. President has done unconstitutionally

VerDate Mar 15 2010 03:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.073 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2347 and unilaterally for Big Business. Then the rule of law, I would encourage my I urge my colleagues to reject this Bill. when that didn’t work, we passed a bill colleagues to pass this bill. The SPEAKER pro tempore. All time that said: Look, here’s our conferees; I yield back the balance of my time. for debate on the bill has expired. you appoint yours; we will have a deal Ms. JACKSON LEE. Madam Speaker, I rise AMENDMENT NO. 1 OFFERED BY MR. ELLISON worked out by morning. HARRY REID in opposition to H.R. 3973, The Faithful Exe- Mr. ELLISON. Madam Speaker, I wanted the Congress and all of the Fed- cution of the Law Act of 2014. have an amendment at the desk. eral Government shut down, and so he One of the areas in which the Executive The SPEAKER pro tempore. The did nothing. Branch should be least hamstrung is in its Clerk will designate the amendment. So, we know who shut things down, ability to respond to imminent threats to na- The text of the amendment is as fol- but I want to read a quote: tional security or public safety and the Jack- lows: These last few years we have seen an unac- son Lee Amendment prevents the President Add, at the end of the bill, the following: ceptable abuse of power at home. We’ve paid from being shackled by Congressional litiga- SEC. 3. EFFECTIVE DATE. a heavy price by having a President whose tion from protecting America. Section 2, and the amendments made by priority is expanding his own power. The A fundamental role of government is to en- section 2, shall take effect only beginning on Constitution is treated like a nuisance. sure citizens’ physical security. the date that the Attorney General finds Barack Obama said that, and he While government should not be given un- that sufficient amounts have been appro- could not be more right as to classi- fettered power in the name of security, neither priated to cover the costs of additional re- fication of his own conduct. should we allow a lawsuit by Congress to ports that the Attorney General is required Mr. FRANKS of Arizona. Madam hamper the President in responding to immi- to submit by reason of such amendments, in- Speaker, I would ask if the gentleman cluding costs to Federal agencies and to Con- nent threats. gress. is prepared to close. H.R 3973 expands upon preexisting report- The SPEAKER pro tempore. Pursu- Mr. COHEN. Yes, I am. ing requirements. ant to House Resolution 511, the gen- Mr. FRANKS of Arizona. Madam Already, Madam Speaker, under 28 U.S.C. tleman from Minnesota (Mr. ELLISON) Speaker, I reserve the balance of my Section 53013(a)(1)(A), the Attorney General and a Member opposed each will con- time. is required to report to Congress whenever trol 5 minutes. Mr. COHEN. Madam Speaker, I yield any officer of the Department of Justice (in- The Chair recognizes the gentleman myself such time as I may consume. cluding the Attorney General himself) ‘‘estab- from Minnesota. I would just like to say that while lishes or implements a formal or informal pol- Mr. ELLISON. Madam Speaker, if my this legislation and the previous legis- icy to refrain’’ from (i) enforcing any federal colleagues who are offering this bill be- lation is going nowhere, we should be statute, rule, or regulation on the grounds that lieve that it is a good idea, they should dealing with the issues that face the the provision is unconstitutional, or (ii) enforc- agree with my amendment. We will see. American people, the serious issue of ing or complying with a final decision of any My amendment is very simple. It just jobs and the environment and global court that interprets or applies the Constitution says that if the voluminous number of warming and immigration reform and or a statute, rule, or regulation. reports that may be generated by this drug reform and freedom and liberty H.R. 3973 would expand 530D(a)(1)(A) in bill are so burdensome that they shut and justice and the American way. three respects. down and interfere and gnarl up the in- I admire the Speaker. She is a fine First, it would require the Attorney General strument of government, then it would woman and does a great job and has to report on nonenforcement policies adopted be legitimate for the Executive to done a good job presiding today. And by federal officers outside of the Department waive the reporting requirements pro- many of the Republicans, even though of Justice. vided in the bill if sufficient funds are I don’t agree with them, I think they Second, it would extend reporting require- not available to generate the increased are nice people, and most people here ments to all nonenforcement policies, regard- volume. It makes simple sense to do so. try to do the right thing. Unfortu- less of their rationale. My colleagues say they want trans- nately, some of the policies that they Third, it would require the Attorney General parency. They also say all the time have I think put the country in a to specify the grounds for declining to enforce that they want to cut red tape, that wrong direction, but they are basically any federal statute, rule, or regulation in his they want to cut extra reports, that nice people. report to Congress. they want to get government out of the With that, I yield back the balance of To summarize Madam Speaker, the U.S. way. Their bill is getting government my time. Code would look like the following: Mr. FRANKS of Arizona. Madam in the way, for sure. If they are sincere (a) REPORT.— Speaker, I yield myself the remainder about their desire for less government, (1) IN GENERAL.—The Attorney General of the time. shall submit to the Congress a report of any then I am certain that they would be I would say, Madam Speaker, in spite instance in which the Attorney General or willing to put in a provision by which of the many unrelated issues that my any officer of the Department of Justice or we would waive reporting requirements friends on the left have brought up to any other Federal officer— provided in the bill if sufficient funds bear on this bill, this bill is about the (A) establishes or implements a formal or were not available to deal with all of rule of law. Madam Speaker, I would informal policy to refrain— these reports that they are generating. remind all of us that the rule of law is (i) from enforcing, applying, or admin- But do you know what? istering any provision of any Federal stat- It may just be, Madam Speaker, that, what we had that little unpleasant dis- ute, rule, regulation, program, policy, or cussion with England about so many other law whose enforcement, application, or given that we had a 16-day shutdown years ago. After that we wrote a Con- administration is within the responsibility and given that we just saw the Over- stitution, and every person in this body of the Attorney General or such officer and sight Committee chairman cut off the swore to defend that Constitution, and state the grounds for such policy on the mike and given that we have just seen that is what we are trying to do here. grounds that such provision is unconstitu- sequestration and the cutting off of If we now, as legislators in the tional;. . . government, maybe, right now, what United States Congress, are willing to Again, Madam Speaker, an area in which we are seeing is an effort to just bog stand idly by and let the President of the Executive Branch should be least ham- down government—snarl it, wrap it up, the United States arrogate legislative strung is in its ability to respond to imminent get it twisted up—so that it doesn’t power unto himself and dismiss the threats to national security or public safety, really function. Whether you are shut- Constitution, then we would be obli- which is the amendment I would have offered ting down or are cutting off or are bog- gated, Madam Speaker, to apologize for in the Rules Committee last night. ging down, it is all interfering with the our oaths and dismiss the dream of A fundamental role of government is to en- American people’s government and its human freedom and step back and sure citizens’ physical security. ability to serve them. board this place up and go home. While government should not be given un- I would ask for a ‘‘yes’’ vote on my I would suggest to you, Madam fettered power in the name of security, neither amendment because my amendment Speaker, that some of us are not pre- should we allow a lawsuit by Congress to makes sense given that the general pared and willing to do that. And so to hamper the President in responding to impor- theme around here has been less gov- that end, to the end that we can uphold tant matters of state. ernment, particularly not unfunded

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.074 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2348 CONGRESSIONAL RECORD — HOUSE March 12, 2014 mandates and things like that. We cer- Madam Speaker, I yield back the bal- CONTINUATION OF THE NATIONAL tainly are not sending an appropriation ance of my time. EMERGENCY WITH RESPECT TO along that is compliant with this bill. Mr. FRANKS of Arizona. Madam IRAN—MESSAGE FROM THE We are certainly not sending money Speaker, I claim time in opposition to PRESIDENT OF THE UNITED along and extra staff to be able to gen- the gentleman’s amendment. STATES (H. DOC. NO. 113–97) erate the reports that would come The SPEAKER pro tempore. The gen- The SPEAKER pro tempore laid be- about as a result of this bill. tleman is recognized for 5 minutes. fore the House the following message It just seems to me that it would be b 1815 from the President of the United fair for the Executive to say that that States; which was read and, together is not a constitutionally implicated Mr. FRANKS of Arizona. Madam Speaker, I would oppose the amend- with the accompanying papers, referred provision for which we are using our to the Committee on Foreign Affairs discretion to either formally or not for- ment, as it would explicitly grant the Attorney General the unilateral power and ordered to be printed: mally enforce; therefore, we don’t need To the Congress of the United States: to write a report but for this amend- to negate the entire bill based on his own subjective determination of what Section 202(d) of the National Emer- ment. Yet, since we don’t have the gencies Act (50 U.S.C. 1622(d)) provides constitutes ‘‘sufficient’’ appropria- money and since, I am sure, that my for the automatic termination of a nations. friends on the Republican side wouldn’t tional emergency unless, within 90 want to bog down government, they This amendment would shield from accountability the President, the At- days prior to the anniversary date of should just be able to waive the re- its declaration, the President publishes torney General, and any other Federal quirement if there are not sufficient in the Federal Register and transmits to employee from the duty to take care funds to comply. the Congress a notice stating that the I want to point out, Madam Speaker, that the laws are faithfully executed. Madam Speaker, we know that this emergency is to continue in effect be- that this particular bill would have the yond the anniversary date. In accord- bill will not cost the taxpayers any effect of burdening government unless ance with this provision, I have sent to money, according to the nonpartisan we do have some provision for the Ex- the Federal Register for publication the Congressional Budget Office. As stated ecutive to escape it given its overbur- enclosed notice stating that the na- in their official view submitted, CBO dening nature. This particular bill tional emergency with respect to Iran would be an undue burden. estimates: that was declared on March 15, 1995, is Enacting the bill would not affect di- I also think it is important to point to continue in effect beyond March 15, out—I think it is very important for rect spending or revenues. CBO estimates that implementation 2014. everyone listening to this debate to The crisis between the United States of the bill would not have a significant know, Madam Speaker—that existing and Iran resulting from the actions and law already requires the Department of effect on the budget because such re- policies of the Government of Iran has Justice to submit a report to Congress porting costs are small and subject al- not been resolved. The Joint Plan of when it determines that nonenforce- ready to the availability of appro- Action (JPOA) between the P5+1 and ment is recommended because the law priated funds. Iran went into effect on January 20, So, Madam Speaker, why does this is unconstitutional. So, when we need a 2014, for a period of 6 months. This amendment grant the Attorney Gen- report, the law already requires that marks the first time in a decade that eral the unilateral authority to con- we would get one; but informal? Think Iran has agreed to and taken specific about the way this bill is written. It clude otherwise? actions to halt its nuclear program and Well, Madam Speaker, the Attorney would require a Federal agency to issue to roll it back in key respects. In re- General works for the President, and a report even in the case of informal turn for Iran’s actions on its nuclear when given the opportunity to immu- nonenforcement. program, the P5+1, in coordination nize the President from accountability, Does that mean that if somebody de- with the European Union, are taking what does one think the Attorney Gen- cides not to charge out a case that one actions to implement the limited, tem- eral would do? It is logical to assume has to write a report on it? Does that porary, and reversible sanctions relief mean that if EPA officials cannot get he would shield the President from ac- outlined in the JPOA. down to every single polluter because countability. Nevertheless, certain actions and they are dealing with the big ones that The base bill is specifically designed policies of the Government of Iran are they have got to write a report about to hold the President accountable. This contrary to the interests of the United it? Does that mean that the FBI cannot amendment, on the other hand, would States in the region and continue to prioritize the dangerousness of crimes allow his own Attorney General to pose an unusual and extraordinary and go after the most dangerous people shield the President from account- threat to the national security, foreign and work with local law enforcement ability, thereby gutting the bill, and so policy, and economy of the United to deal with the other ones? this amendment should be roundly de- States. For these reasons, I have deter- This is a ridiculous piece of legisla- feated. mined that it is necessary to continue tion being offered. It would generate Madam Speaker, we have had signifi- the national emergency declared with all types of burdens, and in order to cant debate here, but it is important to respect to Iran and to maintain in meet and comply with it, it would re- remind ourselves what it really is all force comprehensive sanctions against quire all types of expenses and extra about. The rule of law is truly the only Iran to deal with this threat. context in which human freedom on staff. Since my Republican friends and BARACK OBAMA. I agree that it would not be a good idea Earth can exist. It is incumbent upon THE WHITE HOUSE, March 12, 2014. those of us who have taken an oath to to just push unfunded mandates on the f government, I am sure that I will be uphold the Constitution of the United able to get a lot of votes from both States to protect that rule of law here 45TH ANNIVERSARY OF THE MI- sides of the aisle that would allow the tonight. This is the intention of this NORITY BUSINESS DEVELOP- executive branch to waive reporting re- bill. This is the deep commitment that MENT AGENCY quirements. should be on the part of all of us. (Mr. COHEN asked and was given per- Mr. COHEN. Will the gentleman With that, I hope my colleagues mission to address the House for 1 yield? would defeat this amendment, and I minute.) Mr. ELLISON. I yield to the gen- yield back the balance of my time. Mr. COHEN. Madam Speaker, I rise tleman from Tennessee. The SPEAKER pro tempore. Pursu- today to applaud the Minority Business Mr. COHEN. You said you would defi- ant to the rule, the previous question Development Agency on its 45th anni- nitely get a whole bunch of folks on is ordered on the bill, as amended, and versary. both sides of the aisle? on the amendment by the gentleman The Minority Business Development Mr. ELLISON. In reclaiming my from Minnesota (Mr. ELLISON). Agency was established by executive time, I thank the gentleman from Ten- Pursuant to clause 1(c) of rule XIX, order on March 5, 1969, and has worked nessee. I am sure we will get plenty of further consideration of H.R. 3973 is to promote the growth and global com- people on both sides. postponed. petitiveness of a critical segment of

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.077 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2349 the U.S. economy, the minority busi- I wanted to speak a little bit about Nearly $3.3 billion in grant money ness community. Through their nation- some issues affecting California and has been awarded to the High Speed wide network of MBDA Business Cen- the wise use of U.S. taxpayer dollars. Rail Authority by the Federal Govern- ters, the MBDA has helped minority California’s high-speed rail, on its ment via the aforementioned stimulus firms access contracts, capital, and surface, may have sounded promising package that was approved in 2009 by a enter market opportunities, both do- to voters when they acted on it in the different Congress. This is to spend on mestic and global. 2008 election—until you take a closer construction. However, the Federal Over the last 5 years specifically, this look at it. grant award is based on California’s assistance has provided minority firms Once the planning on the project ability to match the Federal dollars access to nearly $20 billion in contracts began, the public found it would take with State funds from the bond. So it and capital. I thank the MBDA for all billions of dollars to build and operate is my hope the Federal Government it has accomplished over the last 45 beyond what they were promised when will put all the money earmarked for years, especially the work at the Mem- it was on the ballot. What had been a the high-speed rail on hold. phis MBDA Business Center in Ten- $33 billion ballot pricetag was exposed Mr. Speaker, given the judge’s recent nessee Nine, my congressional district at a November 2011 public hearing as a ruling, I don’t believe it is in the best in Memphis, Tennessee. nearly $100 billion project. interest of California’s taxpayers or In the coming years, the growth of After some scrambling to make plan America’s taxpayers to continue America’s workforce will come from changes, which likely render it illegal throwing money down this high-speed minorities, and we need strong minor- from the enabling legislation voters rathole. These Federal dollars should ity businesses to achieve maximum passed as Prop 1A, we now see the cur- be used for pretty much anything else, economic growth. I am certain the rent $69 billion plan, which uses low- such as building more freeway lanes, MBDA will lead the Nation to achiev- speed modes in the urban areas of San expanding airports, or, especially in ing our full potential. Francisco and LA, again, found illegal this time of severe drought in Cali- f under Proposition 1A. The tripled, then fornia and the West, redirecting these discounted, doubled pricetag is far scarce dollars to alleviate drought now HONORING DON MANN from what 52 percent of California vot- and in the future with new water stor- (Mr. SCHRADER asked and was ers said ‘‘yes’’ to. age and infrastructure, which all Cali- given permission to address the House High-speed rail’s ballot measure was fornians will benefit from. for 1 minute.) delayed by the State legislature two Instead, even after the judge’s ruling, Mr. SCHRADER. Mr. Speaker, I rise election cycles before finally placing the High Speed Rail Authority said today to pay tribute to a man who has the High Speed Rail Initiative on the that they would continue to press for- spent over 37 years in public service, 2008 ballot, where Californians ap- ward the funding efforts to seize land including 20 years in my district in proved what they thought would be a from farms and businesses and hur- beautiful Newport, Oregon. reasonably managed project to connect riedly perform the necessary and very I am speaking, of course, about Don San Francisco to Los Angeles with a expensive environmental reviews. They Mann, who recently retired as general 220-mile per hour train. now plan to front-load the project with manager of the Port of Newport after Because of Proposition 1A, the State funding from the U.S. taxpayer via the 18 years at the helm. Don’s tenure at could fund a portion of the construc- Federal funds we saw in the stimulus the Port was marked by significant tion with $9.95 billion in bond funds, package because the State funding has changes that will reverberate in that with the assumption that the rest of been put on hold by the judge unless we region for years to come. His leader- the money would come from private in- in D.C. say ‘‘no.’’ ship and vision are beginning to make vestors. At the time, the 2009 stimulus California has $8.6 billion in bond dol- the central Oregon coast an economic act was unknown. lars left to spend on building the high- hub. The high-speed rail project that we speed rail, as nearly $1 billion has al- Don led the charge, putting together have today has been plagued with poor- ready been spent without yet turning a the proposal that relocated NOAA’s Pa- ly drafted funding plans, with little or shovel. Assuming they still receive the cific Marine Operations to Newport, no accountability to anyone for the ab- $3.3 in stimulus funding and the total Oregon, against all odds and some pret- surd amounts of money spent so far. No cost to build is the lowball number of ty big cities to the north. It is an in- accountability means millions of dol- $69 billion, this mean the High Speed credible achievement that cannot be lars spent on consultants, environ- Rail Authority has less than one-sixth understated. mental impact reports, even lobbying of the funding necessary secured at Not to rest on his laurels, Don has here in Washington, D.C., and on nu- this time. To me, the math doesn’t add continued to work hard improving the merous lawsuits from Californians who up. Perhaps in Fantasyland, where the international Port of Newport, which stand to lose their homes, farms, and monorail rail runs, it does. will also provide significant economic businesses because they are in the path Would you continue to invest in development for that region. the high-speed rail would travel. something that has a majority of the I just want to say, Don, it has been a Recently, a Superior Court judge already-secured funding put on hold be- pleasure working with you. I have en- ruled that the High Speed Rail Author- cause your illegal business plan has joyed it immensely. Your tireless work ity needed to redraft a 2011 funding holes big enough to drive a train on behalf of Oregonians is recognized. I plan for the project. The judge halted through? I think not. wish you and Carolyn all the best in re- all bond sales because the Authority The Authority also hasn’t shown any tirement. hadn’t attained the necessary environ- restraint in using taxpayer dollars. To Take care, my friend. mental clearances for the areas of the date, they have spent upwards of $600 f State where construction is planned to million on engineering and environ- begin, nor shown there was even a plan mental consultants without ever SETTING THE RECORD STRAIGHT of financing to complete even the first breaking ground. The Madera-to-Fres- The SPEAKER pro tempore (Mr. phase of the project. no segment alone is going to cost $987 HOLDING). Under the Speaker’s an- Meanwhile, the State schemes to in- million—an unbelievable amount of nounced policy of January 3, 2013, the appropriately use truck weight fees or taxpayer dollars for a segment that gentleman from Texas (Mr. GOHMERT) to use cap-and-trade funds in order to can’t even operate trains as a stand- is recognized for 60 minutes as the des- prop up the high-speed rail’s bottom alone project. ignee of the majority leader. line. So many affected residents of the Mr. GOHMERT. Mr. Speaker, at this If a Superior Court judge says that Central Valley, and all over the State, time I would like to yield to my dear Californians can’t spend any more are happy the funding has been put on friend, Mr. LAMALFA. money on the planning and construc- hold. Their farms, residences, and busi- Mr. LAMALFA. I appreciate my good tion of high-speed rail, why should nesses are threatened to be seized, shut friend from Texas. Thank you for yield- America taxpayers via the Federal down, and destroyed for a project that ing time tonight. Government? will not ever happen.

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.080 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2350 CONGRESSIONAL RECORD — HOUSE March 12, 2014 I hope California wakes up and real- running mate, that we will be com- I also knew how intelligent, and what izes that this project is just a pipe mitted to Georgia. And we’ve got to a great leader and Governor Sarah dream that has hit none of its goals for keep an eye on Russia. For Russia to Palin had been, and what a great leader cost or ridership. The legislature has have exerted such pressure in terms of she is, but we can all laugh at our- had many opportunities to stop this invading a smaller democratic country, selves. high-speed rail boondoggle, and they unprovoked, is unacceptable, and we I just didn’t realize that that was will have another chance again next have to keep— Gibson interrupted and going to take off, and by the writers at year. State Senator Andy Vidak has re- said: You believe unprovoked? ‘‘Saturday Night Live’’ giving Hillary vived my ‘‘Revote the Rail’’ measure Palin: I do believe unprovoked. And Clinton a line that said, ‘‘Anything. I that I tried to get legislated back in we have got to keep our eyes on Rus- believe that diplomacy should be cor- 2010 and 2011, and will try to get the sia. Under the leadership there. nerstone of any foreign policy,’’ sound- high-speed rail issue on the November Gibson: What insight into Russian ing like a diplomat or a politician, and 2014 ballot. actions particularly in the last couple then trying to make Sarah Palin sound As the LA Times poll says, 55 percent of weeks, does the proximity of this very much less so, when, actually, the of Californians would like to vote state give you? best quote remembered from Hillary again on the high-speed rail issue, and This is the operative line here. Sarah Clinton will probably go down as the 59 percent say they would vote down Palin said: ‘‘They’re our next door statement made here on Capitol Hill in high-speed rail. I support Senator neighbors, and you can actually see reference to the four American heroes Vidak’s proposal, as I did before. It Russia from land here in Alaska.’’ serving in harm’s way whose lives were Gibson: You are in favor of putting needs to move forward to give people taken by radical Islamists in an act of Georgia and the Ukraine into NATO? choice, now that they have seen the terrorism that had nothing to do with The interview goes on, but that is real numbers. the video. what Sarah Palin said: ‘‘They’re our Here in D.C., we need to stop Federal Our Secretary of State, having suf- next door neighbors, and you can actu- dollars for the rail and instead direct fered a blow to the head, we were told ally see Russia from land here in Alas- those funds towards real needs such as that kept her from testifying origi- ka.’’ tried and true water storage projects, nally, she was able to say: ‘‘What dif- That should be relevant to people. If ference, at this point, does it make?’’ infrastructure that will turn the water, you are living next door on 1 acre of and the jobs, back on in the Valley, Not realizing, obviously, that when land, and the people that own the acre Americans are murdered, who are and keep California, the Nation’s fruit next to you have been guilty in the and vegetable capital that it is, pro- working for this government, and even past of breaking into other neighbors’ working for her with her as the boss, it ducing, in some cases, over 90 percent sheds and buildings, then certainly is rather important to find out pre- of U.S. fresh fruit and nut crops that that is something that you ought to be cisely why those people were murdered. U.S. consumers need and desire. watching more closely than people on In fact, some Libyans told me that Once again, let’s not put U.S. tax- the other side of the town that don’t very thing back before Christmas. payers on the hook for a high-speed live next door. I mean, proximity can They said, so many Americans want to rail boondoggle that benefits only be an important matter. know who killed your four Americans. those that make money off of it. Cali- But here is the text of what ‘‘Satur- That is important, but an even more fornians don’t want, don’t need, and day Night Live’’ did on September 13, important question is why they were can’t afford it. 2008. We know that ‘‘Saturday Night killed. (1830 ) Live’’ has altered sketches that, in the So we have Hillary Clinton, who is Mr. GOHMERT. Mr. Speaker, some- past, at least once I recall seeing, saying, at this point, what difference times it is very helpful to set the where they were afraid it might make does it make why they were killed, how record straight, as my friend from Ten- President Obama look bad, and they they were killed? Just the reverse of the way ‘‘Satur- nessee talked about earlier, and I certainly didn’t want to do that. Okay to take shots at Republicans, day Night Live’’ made those two indi- thought that would be highly appro- but they certainly didn’t want to be viduals look through the caricature, priate, given some of the lighthearted fair and hit back at President Obama Sarah Palin called the shot with and sometimes mean-spirited barbs the same way, and even as Lorne Mi- Ukraine years ago. I would say pro- that have been sent the way of former chaels, comic genius that he is, has in- phetic, but it is not prophetic. It is a Governor, Vice Presidential candidate dicated, yeah, they do lean left there at bit prescient, but it has more to do Sarah Palin. with someone who has studied inter- So I just wanted to set the record ‘‘Saturday Night Live.’’ This was a sketch involving Tina Fey national relations, understands leaders straight, Mr. Speaker, so that people as Sarah Palin, Amy Poehler as Hillary like Putin, understands their lust for will understand, and the CONGRES- Clinton. They were appearing together power, and understands they have got SIONAL RECORD will properly reflect in the sketch, and these quotes are ver- to be stopped, instead of carrying a just how prescient that Sarah Palin batim from the sketch. plastic button over to dogmatic, totali- has been in the past. Tina Fey, as Sarah Palin says: ‘‘But tarian, wannabe leaders of Russia and 1 We are going back 5 ⁄2 years, but this tonight we’re crossing party lines to saying, here, let’s press this button and was an interview that Charles Gibson address the now very ugly role that we will restart, reset everything. did that gave rise to a ‘‘Saturday Night sexism is playing in the campaign.’’ That is no way to conduct foreign Live’’ skit. This was Charles Gibson, Then Amy Poehler, as Hillary Clin- policy. The greatest strides in the secu- quoting verbatim from him, and then ton: ‘‘An issue which I am frankly sur- rity and safety and acquiring the secu- Sarah Palin. prised to hear people suddenly care rity and safety of the world have come Gibson: Let me ask you about spe- about.’’ when people knew they were dealing cific national security situations. Let’s Tina Fey, as Palin: ‘‘You know, Hil- with an evil empire and stood up to it. start, because we are near Russia. Let’s lary and I don’t agree on everything.’’ I was asked just shortly ago, why did start with Russia and Georgia. The ad- Poehler as Clinton says: ‘‘Anything. I you vote ‘‘no’’ on the bill that was ministration has said, we have got to believe that diplomacy should be the brought to the House floor to provide maintain the territorial integrity of cornerstone of any foreign policy.’’ money, give loans to the Ukrainian Georgia. Do you believe the United Then Tina Fey, acting as Sarah Palin people? States should try to restore Georgia said: ‘‘And I can see Russia from my I developed a great love and care for and sovereignty over South Ossetia and house.’’ Ukrainian people as a college student Abkhazia? So that is where the line came from. on a summer exchange program, and I Sarah Palin: First off, we’re going to There are many in the United States found a lot of commonality with col- continue good relations with that actually believe Sarah Palin said lege students, some of the college stu- Saakashvili there. I was able to speak ‘‘and I can see Russia from my house.’’ dents there in Ukraine. with him the other day and giving him It was a very clever sketch. It was I made the mistake of saying ‘‘the my commitment, as JOHN MCCAIN’s funny. I laughed when I saw it. Ukraine,’’ Mr. Speaker, but one of my

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.081 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2351 Ukrainian college friends corrected me And the guy was probably late in Vienna in the summer of 1961; but he when I was there as an exchange stu- twenties, maybe 30, that was the sing- also acknowledged, after his meeting dent. He said: Do you say I am going er; and he very politely said in Russian with Khrushchev, that Khrushchev just home to ‘‘the Texas’’? I said, no. to the Russian: Have you been here to brutalized him, and he seemed to be He said: We don’t say ‘‘the Ukraine.’’ Kiev before? embarrassed with how he performed. You come to Ukraine. It doesn’t need And the Russian said: Yes, but it has Khrushchev, on the other hand, had the article ‘‘the.’’ been perhaps 20 years. said he was immature. He was weak. So there in Ukraine, people are suf- And the young Ukrainian said: Ah, so That was his assessment of Kennedy fering. They feel the boot of Russian how do you find it now compared to 20 because he already knew that he had power coming at them, at first from years ago? backed Kennedy down during the Bay the Crimea, and it may go farther. And the Russian patriarch, having of Pigs. I understand, having been there a had too much to drink, said: It is mag- The plan that was hatched during the number of times, in Ukraine, that nificent. You have done a fantastic job. Eisenhower administration, Kennedy there are parts of Ukraine that have Oh, we love all of the buildings, all of was apprized of, but then it was sympathies with Russia, that love the the growth, all of the wonderful things changed. Kennedy takes office as our days of the Soviet Union when they you have done here. We want to be President, and he finds out there is didn’t have to look for a job them- brothers. You have done a magnificent going to be more American involve- selves. job. ment. The government would tell them how And the young Ukrainian singer Unfortunately, within 3 days of the far they were allowed to go in school. yelled: That is why we wanted to be invasion to be launched into the Bay of They would tell them what their job apart from Russia. You kept us op- Pigs to attempt to overthrow Fidel would be. You step out of line, you pressed. You took away the best we Castro in Cuba, President Kennedy got could go to Siberia. They actually miss had. You stepped on us. You mistreated cold feet and pulled back on the sup- those days. us. You would not let us reach our po- port that was going to be offered. Whereas most Ukrainians seem to tential. That is why we want to be sep- The people were devastated, killed, have that yearning that George W. arate from Russia. That is why we sep- or taken prisoners. It was a disaster. Bush talked about as President, a arated from Russia. That is why we do Kennedy said, later, that he would yearning to be free—not all people have not want to be part of Russia. You took have preferred an all-out invasion to it, as we have seen. Some prefer secu- the best we had and left us nothing. We appearing so weak, words to that ef- rity over complete freedom, and that can do much greater things when you fect. needs to be understood. allow us, as Ukrainians, to be in charge A meeting between Khrushchev and As Franklin was quoted, paraphrased of Ukraine. Kennedy in Vienna—I believe it was as saying: Those who would give up lib- And I wanted to stand up to give the June of 1961—reaffirmed in Khru- erty for security deserve neither. young man a standing ovation. I was shchev’s mind that this was a weak, I know there were Soviets after the just thrilled that he was so passionate immature leader. fall of the Iron Curtain, after the de- and felt so strongly about Ukrainian Then toward the end of July of 1961, mise of the Soviet Union, who were freedom. President Kennedy gave a powerful panic-stricken. You mean, I have got There are so many in Ukraine who speech, basically making clear that we to find a job? I mean, the government feel that way. They don’t want the have a commitment to West Berlin. We has always told me everything to do. Russian boot on their throat. Some are have a commitment to West Germany; I will never forget being in Ukraine not aware that when—perhaps the most and we would not, under any cir- in recent years, and I had gone with a evil man of the 20th century, Hitler— cumstances, allow the Soviets to pre- Ukrainian translator friend. My Rus- Hitler’s forces marched into Ukraine, vent us from making good on our sian has gotten pretty bad since col- they were actually met initially with promises. lege, not having any need to use it. banners and lauding that the Ukrain- He even used the word ‘‘force.’’ We We were in a Ukrainian restaurant. ians looked upon them as liberators didn’t want to use force; but if it was It was off the beaten road, and so it from Russia. required, it would be used. Khrushchev was mainly Ukrainians there. But in And if they had not been so con- had already taken his measure of the one area of the restaurant there was a sumed by the ridiculous superrace man, knew he could push him further, very large, extended Russian family. mentality that they had sold them- and the Berlin Wall began being built. That was clear. And the patriarch was selves on, they would have recognized The United States did nothing; and it clearly Russian, speaking Russian. He that the Ukrainians would have helped reaffirmed, in Khrushchev’s mind, that appeared to have had too much to them; but, instead, they brutalized what he had assessed in Vienna—that drink. them, wantonly killed Ukrainians, and Kennedy was immature, was weak— A little trio came by, a couple with forcefully turned the Ukrainians was even more true than he had musical instruments, one, a young against the Nazis. thought before. Ukrainian, with an incredible operatic Had the Nazis not been so consumed He knew he could push this man; and voice, and they would perform at tables with their narcissism and self-aggran- as a result, he was willing to risk ther- and do requested songs. dizement, they probably could have mal nuclear war to put missiles with They came over to the extended table used the Ukrainians’ help and never nuclear weapons into Cuba. He would with the extended Russian family, and suffered such a brutal winter in Russia never have been so brazen as to put nu- the patriarch called out that he wanted as they did. That is history. clear weapons on missiles within 90 to hear ‘‘Moscow Nights,’’ and I bet the And I am very proud that we have a miles of Florida had it not been for his group knew ‘‘Moscow Nights,’’ but they former Governor from Alaska that un- repeated assessment in the first year of said that they didn’t know that. derstands people like Putin, under- John Kennedy’s Presidency that he was stands that Putin may have suffered weak. b 1845 from a debility, like Stalin did. Stalin Well, he misread him. Kennedy So they asked for another song, and described it—the English translation showed weakness in 1961 at least three they performed it. It was magnificent. was ‘‘with power, dizziness.’’ times, but he did have courage. It just Then the boisterous Russian patriarch So Putin gets a little bit dizzy. Gee, took him a while to get up to it. said—and the translator was helping let’s take the Crimea—because he has But as a result of the weakness that me—he said: We never knew why you, done, as Khrushchev did of our late, was assessed by Khrushchev, we almost in Ukraine, wanted to pull away from great President John Kennedy—Ken- came to mutually assured destruction, Russia. We love you Ukrainians. We nedy was a brilliant man. There was no where the Soviet Union and the United love you. We wanted to stay together, question he was a man of courage, as States would have launched nuclear as brothers. We never understood illustrated during World War II. weapons toward each other. It was a Ukraine wanting to pull away and not We are told that he was taking a very, very dangerous time for the be part of Russia. number of medications when they met world.

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.082 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2352 CONGRESSIONAL RECORD — HOUSE March 12, 2014 We are now under the administration Saturday Night Live assessed her Those policies that the Cabinet have to ex- of President Barack Obama; and I can- wrong. Sarah Palin had Putin pegged. plain and justify, how do you convey to not imagine any Russian leader per- She had the actions of Russia pegged. Putin the threat that sounds like, ‘‘Vladi- mir, don’t mess around, or you’re going to ceiving anything but just absolute She knew what they would do next. feel my flexibility, because I got a phone and weakness, as a leader, when the micro- So what have we done? Ukrainian I got a pen and, um, I can dial real fast and phone picked up what President Obama borders are violated by Russia, and we poke you with my pen. Pinkie promise.’’ said before the election: you know, tell want to go by as our friend is being Well, obviously, she was having some Putin that, after the election, I will brutalized, assaulted, and throw money fun herself, but she makes the point. A have a lot more flexibility. at our friend who is being brutalized. phone and a pen won’t do it. When you The message was clear. I am willing b 1900 are talking about a bully that does not to cave on all kinds of things. I have to mind violating borders, killing people, That is not much of a friend. If I am look strong right now, but I will cave and subjugating masses of people, you on all kinds of things once we get past being assaulted, I would hope a friend have to stand up to them. the 2012 election. would stop and help me and not just I think one of the clear indications For all the things that he is, Putin is throw money on the way by. In fact, we not only that we had a weak adminis- not stupid. He knew exactly what that have agreements in writing that re- tration on foreign policy, but also we message was, though most of the vot- quire more than simply throwing didn’t use common sense in protecting ers in the 2012 election did not; and as money at Ukraine when they are being ourselves came very clearly before the a result of that and so many other brutalized by Russia. Russia’s economy Boston bombing when the Russians, things, Russia believes they can cow is not all that strong. And I don’t know the Russian leaders—the Russian peo- America, and we will not stand up. if Ukraine would get this desperate or ple like us pretty well, but the Russian When this President draws led red not, but we know that Putin, just to leaders don’t like us particularly and lines, they won’t be enforced. show Ukraine that they can hurt them, certainly don’t respect us. But even so, I am going to go back to something has stopped the flow of natural gas be- they realized that we actually have a Sarah Palin pointed out in her inter- fore. common enemy, and that is radical view, and this is actually in Perhaps at some point, Ukraine will Islam, radical Islam that would love to NewsBusters. It talks about the inter- get desperate enough to say: Well, they see Russia fall, Ukraine fall, and the view that Sarah Palin gave with Char- may have a very weak leader over in United States fall, would love to see lie Gibson, and it sets the record the United States that will not come them all fall under a giant global ca- straight. help us, but something we can do to liphate. So we have that common Palin foresaw that, because of hurt you, Mr. Putin, you do one more enemy who wants to destroy each of Putin’s actions and Russia’s movement thing and those pipelines of yours that our ways of life. against Georgia, that if we did not send bring you so much money into your So Russia, despite their dislike and a very clear message that such offen- treasury will be history, and then see distaste in some ways for the United sive border-neglecting actions were not how you do. States, actually reached out and said: rebutted, then there would be other in- I hope it never gets to that point. I Hey, we are not sure you realize, but vasions to follow. hope that Russia doesn’t continue to this Tsarnaev, he has been radicalized, She has been skewered for saying, push matters until they push us, as and he is dangerous. We are not going back in 2008, that if Russia was not Khrushchev did, to the brink of world to reveal too many secrets here, but stopped, then next, they would move war again. But in seeing the debate be- any intelligent administration will against Ukraine. She was belittled for tween President Obama and Governor take what we have said that Tsarnaev that; and yet, she had read Vladimir Romney in which President Obama is dangerous, he has been radicalized, Putin far better than anybody in this chided him by saying the 1980s called and he is a threat to you and do some administration. and they want their foreign policy digging. And the best we can find out, She knew what they were capable of. back, we have now seen the appease- even after questioning the Director of She knew what they wanted to do, and ment repeatedly of this administra- the FBI, the best we can find out is she knew there is only one way to deal tion. And that is why I have said before they apparently went and talked to with bullies, and it is not to repeatedly that Neville Chamberlain called to this Tsarnaev himself. give them your lunch money. If you Well, okay, I guess you’ve got to do administration, and he wants his for- continue to attempt to appease bullies, that. Good idea. If somebody is very not only will they continue to take eign policy back, because it appears it good at questioning, if somebody really more and more and more, but they will is being utilized once again. It didn’t understands the radical Islamist mind, have no respect for you whatsoever. work for England against Hitler, and it if he knows who the Islamic authors That is also a problem we have had will not work now against Russia and are that have inspired radicalism, if he with radical Islamist leaders in the Putin. knows who the imams are that have world. They understand one thing: I was very small as a kid in elemen- helped radicalize people, then you can strength. That is why the United tary school, but I learned early on I ask the right questions about which States Marines were sent to the shores may get my nose bloodied, but I am imams you have been around, what au- of Tripoli. going to make the big bully hurt. And thors are your favorite authors, what It was not the negotiations that when I made him hurt enough, after he do you think of Qutb in Egypt and the Thomas Jefferson and others engaged had bloodied my nose, he left me alone. writing that he had, that milestone in with the Barbary pirates, those rad- He could have hurt me. But it doesn’t that Osama bin Laden credited with ical Islamists. That didn’t do any good. matter whether you are big or small, if helping radicalize him. If you know the It wasn’t until the Marines fought as you want to deal with bullies by ap- questions to ask, you can find out bloody or tough or tougher than the peasement over and over and over whether somebody has really been radical Islamists that they realized, again, then it is clear you are going to radicalized. gee, we had better leave these guys continue to encourage bullying. I was But as a few of us have found out alone. never for bullying. I would stand up to when we reviewed the material purged But for the valiant, fervent fighting it as a young kid in elementary school, from FBI training material, we are not of the Marines, then we would have and I am for standing up against it allowing our FBI agents to be properly continued to have to pay huge portions when we have the most powerful mili- trained as to the threat and the beliefs of our United States budget for extor- tary in the history of the world—until of radical Islamists. Again, as one of tion to get our sailors back. this administration finishes with it. We our intelligence officers has told me, Sarah Palin understood that. She un- still do for now. we have blinded ourselves of the ability derstood that you have got to stand up Well, here is something else that is to see our enemy. And it continues. We to bullies, so I think it is important pretty powerful. Sarah Palin in her continue to have people advise this ad- that the CONGRESSIONAL RECORD prop- speech to the Conservative Political ministration who have known associa- erly reflect that Sarah Palin had it Action Committee on March 8, 2014, tions with radical Islamists. The Egyp- right. said this: tian paper, back when it was controlled

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.084 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2353 by the Muslim Brotherhood, bragged stand, as Kennedy did. And you don’t stan. For heaven’s sake, we defeated that they had six Muslim brothers who have to get that far if you stand up the Taliban with less than 500 Ameri- were top advisers in top positions in against the bullies early on, as Neville cans in there helping the Northern Al- this administration. So we are not al- Chamberlain was not willing to do, and liance. We helped them with weapons, lowing our FBI, our intelligence offi- as a result, millions and millions died, we helped them with air cover, we cials and agents, to be trained to prop- and millions suffered unthinkable trag- helped them with intel, and they de- erly see this threat. ic suffering because leaders wanted to feated our enemy for us, and this ad- So the Russians say: Hey, this guy is go the appeasement route. ministration will point to the Northern a threat to you. You had better check For all the flack Sarah Palin has Alliance and call them war criminals him out, and you will find out what we taken, she had Russia pegged. And it is because they fought like the Taliban are talking about. He had been to an not because she ever said ‘‘I can see fought. We can fight our enemies by area where people were often Russia from my house.’’ She never said empowering the enemy of our enemy. radicalized. He had gone to an area that. She accurately said you can see They are Muslims. We can live with the that he came to America claiming asy- Russia from parts of Alaska—not her Northern Alliance as long as they don’t lum, to need asylum from, and he goes house. ever turn on us. As long as they are back to that area? Well, that should going to fight our enemy, then let b 1915 have been a red flag right there. He them fight our enemy. didn’t need asylum from that area. He She was willing to laugh at the skit, Yet for the government that was just went back and got radicalized. But but now we are not talking about given to Afghanistan at our pushing—a our blinded FBI agents were not able to laughable things. We are talking about tribal, regional country like Afghani- ask those questions, and when I chided freedom being taken at the point of stan was given a strong centralized the FBI Director for not even going out military weapons in Crimea, in government that would lead to nothing to the Muslim mosques to talk to peo- Ukraine. but corruption. We should have known ple out there, to ask questions, to ask We see China moving in areas and it when it happened, so how do we deal questions to find out if the Tsarnaevs places they have never had the courage with the problem there? As my friend, have been radicalized, the FBI Director to move because they knew America former Vice President Masood said, said that they did go out there to the would not stand for it and we would You help us get an amendment into our mosque. I didn’t hear it at the time, rally other nations against China. The Constitution that allows us to elect but I heard it on the replay when he Chinese leaders know that at times, as our governors, elect our mayors, pick adds, ‘‘as part of our outreach pro- good as the economy seemed to be our own police chiefs, take that power gram.’’ going, they are a fragile economy. As I away from the appointment power of They didn’t go out there to inves- have said before, I think if China knew the President, and we can protect our tigate the Tsarnaevs to save Bosto- that they could call all the debt of the regions and keep the Taliban from tak- nians’ lives. He didn’t even know that United States and push us into a banking over. the Islamic Society of Boston was ruptcy-type mode in the United States, This administration does not seem to started by a man named Al-Amoudi, they would except they would suffer want to push for something like that. who is in prison for 23 years for sup- dramatically, and if they ever get to It can’t even get a status of forces porting terrorism. After being a very the point where they think that they agreement that was teed up completely important adviser, he helped find Mus- can take this Nation down financially for them by President Bush in Iraq but lims to go into the military as Muslim without losing their own, they would then was fumbled by this administra- chaplains. He helped the Clinton ad- do it. That is why it is a terrible wrong tion. ministration. He actually helped the as a government to allow ourselves to I was meeting, had a visit with a George W. Bush administration early become further and further indebted to Baloch friend today. If you have done on until they figured out, whoa, this China. homework, you know, Mr. Speaker, guy is supporting terrorism, and they Today, apparently the news we were that the Taliban is apparently getting had him arrested I believe it was 2003 seeing, their economy has taken a hit supplied mainly from Pakistan, and out at Dulles Airport, and he is in pris- today. I look forward to learning more much of the supplies come through the on now because they recognized what about that this evening, but it is time more southern area, the Baloch area of he is. But our FBI Director, the FBI Americans woke up, Mr. Speaker, and Pakistan. We also know that the agents didn’t even know you had a ter- realize that appeasement of bullies, of Baloch have been victimized, op- rorist supporter that started the thugs, has never worked. It will never pressed, persecuted, killed, and terror- mosque where the Tsarnaevs went. work, and when you are the most pow- ized by the Pakistani military, the So when the Russians see that we erful, have the most powerful military Pakistani government. Iran has done give America—that we don’t really in world history in the face of growing the same thing because the Baloch peo- like, we don’t really trust, but we give bully power, you don’t abandon yours. ple are indigenous to the southern part them a heads-up to actually save We want to help those who cannot of Pakistan and on into the most min- American lives, and even with a heads- feed themselves in America. We want eral-rich areas of Iran. So we don’t up like they gave us, we can’t properly to help those who cannot provide for have to go to war with Iran, we don’t protect the people of Boston because of themselves in America. Certainly we have to go to war with Pakistan, but if political correctness in this adminis- differ on our side of the aisle. For those you start assisting the Baloch people tration, well, it just adds to the assess- who are able-bodied and can work, let’s to stop the oppression and perhaps ment by Putin and the other leaders in get the economy going so that people have their own independent country, Russia that these are people that don’t have a job and can do for themselves the Taliban stop getting supplied by recognize danger when it is pointed out and make more. Let’s don’t continue to Pakistan. Iran doesn’t have all of the to them with a big sign saying ‘‘dan- make people more and more dependent minerals. They have those mineral ger’’ on it. on the government. areas, a big part, an important part of So, of course, just like Khrushchev’s I know my friends across the aisle do them at least are run by the Baloch assessment that turned out in the end not want to see the world fall into war people, and we can do business with to be wrong, I hope and pray that we as it did in World War II, do not want them. don’t get to the brink of nuclear war to see us come to the brink of thermo- There are ways to deal with the because leaders around the world have nuclear annihilation as it almost did enemy of our enemies so that they assessed, as Khrushchev did, that the during President Kennedy’s term, but keep areas around the world in check American President is weak and can be it is important to understand from his- so you don’t have to lose so much pushed around indefinitely. I don’t tory that is where you go when you American lives. Most people are not think President Obama can be pushed show weakness. aware that most Americans have been around indefinitely, but I sure don’t We can defend ourselves without put- killed under the administration of this want him to be pushed all the way to ting tens of thousands or 100,000 troops President. It is time we stood firm. It nuclear war before we finally take a into a country like we did in Afghani- is time we let the bullies of the world

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.086 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2354 CONGRESSIONAL RECORD — HOUSE March 12, 2014 know Sarah Palin was right, and we they will analyze it. They will look at is a government and a system that is need to stand up to them. the data and they will prognosticate as dominated by Big Money and special With that, I yield back the balance of to what the implications of it are going interests and leaves the voices of ev- my time. forward. eryday citizens behind so that they A lot of that commentary will miss f start asking themselves: Does my voice what I think is the most sinister aspect matter? Can I have an impact? Do my REPORT ON RESOLUTION PRO- of the election yesterday that was held ideas count? If I am only able to write VIDING FOR CONSIDERATION OF in Florida, and that is the tremendous a check for $25 to a candidate who I H.R. 3189, WATER RIGHTS PRO- amount of money, the tremendous think will do the right thing for me, TECTION ACT; PROVIDING FOR amount of money that poured into that can that $25 check compete against a $1 CONSIDERATION OF H.R. 4015, election, not from ordinary, everyday million check that some big donor can THE SGR REPEAL AND MEDI- citizens, not from the people who real- write to fund a Super PAC? CARE PROVIDER PAYMENT MOD- ly have a stake in the outcome. They This is why people across the coun- ERNIZATION ACT Of 2014; AND were the ones asked to go to the polls, try, it is not the only reason, but it is PROVIDING FOR PROCEEDINGS but the money that poured in there one of the main reasons why people DURING THE PERIOD FROM that bought advertisements, to the across the country are so disaffected MARCH 17, 2014, THROUGH MARCH tune of about $12.7 million, almost $13 with Washington and Congress and 21, 2014. million spent on that campaign, about government, because they feel like Mr. BURGESS (during the Special 30 percent of it was donated to the can- their voice is being drowned out by the Order of Mr. GOHMERT), from the Com- didates themselves. So 30 percent of big-moneyed interests out there. mittee on Rules, submitted a privi- that $13 million was donated to the Mr. Speaker, we have to do some- leged report (Rept. No. 113–379) on the candidates themselves. The rest of the thing about this because if we are resolution (H. Res. 515) providing for money came from outside sources— going to restore the confidence and consideration of the bill (H.R. 3189) to party committees, super PACs, anony- trust of Americans across this country, prohibit the conditioning of any per- mous donors, the ones who have been they need to believe again that their mit, lease, or other use agreement on flooding the airwaves in the last couple voice matters. They need to believe the transfer, relinquishment, or other of election cycles with negative adver- that when they are trying to under- impairment of any water right to the tising. That is where the great major- stand the issues in an election and fol- United States by the Secretaries of the ity of the money that came into that low the debate and become informed, Interior and Agriculture; providing for special election yesterday was sourced, that that information will come to consideration of the bill (H.R. 4015) to and that, I think, is a harbinger of them from responsible sources, not amend title XVIII of the Social Secu- things to come. from these shadowy hidden secret do- rity Act to repeal the Medicare sus- If you look back at the 2010 cycle, nors out there that have found a way tainable growth rate and improve you look at the 2012 election cycle, to dominate the airwaves. Medicare payments for physicians and both at the congressional level and at So that special election yesterday I other professionals, and for other pur- the Presidential level, tremendous think was a warning to us all that this poses; and providing for proceedings amounts of money pouring into cam- trend towards Big Money and special during the period from March 17, 2014, paigns and into elections, much of it interests weighing in to what ought to through March 21, 2014, which was re- coming from sources that don’t iden- be a democratic process that is owned ferred to the House Calendar and or- tify themselves, secret money, these and invested in by everyday citizens, dered to be printed. big super PACs who weigh in and try to that that trend is continuing and it is determine the outcome of elections. worsening. f Where does that leave the everyday b 1930 MONEY IN POLITICS citizen? Where does that leave the person out there who is sitting at their At the end of that path lies deep, The SPEAKER pro tempore (Mr. kitchen table, who is watching their deep cynicism on the part of the Amer- SALMON). Under the Speaker’s an- television and is seeing all of these ican people. You can feel it; you can al- nounced policy of January 3, 2013, the negative TV commercials pouring in? most touch it when you go out into gentleman from Maryland (Mr. SAR- Where does that leave them in terms of your district and you talk to your con- BANES) is recognized for 60 minutes as their feeling about whether they have a stituents who are angry and frustrated the designee of the minority leader. voice in the process? and want to see this place respond to GENERAL LEAVE I talk to my constituents, I listen to their concerns and to their needs. Mr. SARBANES. Mr. Speaker, I ask the way they feel about the current So what can we do about this? I said unanimous consent that all Members system of funding campaigns, and a moment ago that we have got to do have 5 legislative days to revise and ex- there is an increasing sense of disillu- something soon; we have to address tend and include extraneous material sionment out there, deep cynicism that this cynicism that people are feeling, on the subject of my Special Order. election outcomes are determined by or they are not going to trust us at all. The SPEAKER pro tempore. Is there Big Money and special interests and They are not going to believe that we objection to the request of the gen- that the voices and opinions and prior- can deliver for them in the people’s tleman from Maryland? ities and concerns of everyday citizens House. There was no objection. are being cast aside. That is the legacy This is the House of Representatives. Mr. SARBANES. Mr. Speaker, I ap- of the influence of Big Money and spe- It has the name the ‘‘people’s House.’’ preciate the opportunity to speak to cial interests on our politics today. We run every 2 years. We are as close the Chamber this evening. I want to So yesterday’s election in the 13th to the people as elected representatives talk about the topic of money in poli- District of Florida put a fine point on can be. They want to see that we are tics, which is something I think Ameri- it. It demonstrated how much money listening to them. cans across the country are increas- can go into one special election. It was Right now—I said this last week—in ingly anxious about because it really historic, $13 million being spent. More some ways, when it comes to the rel- jeopardizes the voice they should have importantly, it is a lesson as to what evance of this body to the average in their politics, in their democracy in we are looking at down the road. This American out there, we are hanging on their own government. idea that if you have got a big wallet by a thread. Yesterday, there was a special elec- you get an extra voice in our democ- We are hanging on by a thread be- tion in Florida’s 13th Congressional racy, that somehow your opinion and cause, increasingly, they think that we District, and the results of that elec- your ideas count more because of the answer to Big Money and special inter- tion will get commented on at length size of your wallet and your ability to ests, and we stop listening to the aver- in the coming days. People will try to throw millions of dollars into cam- age person out there. make forecasts about what it means paigns, well, that is not what a democ- So we need to do something about for the 2014 election cycle. Generally, racy is about; that is plutocracy. That this. We need to fix this. We need to

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.088 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2355 recognize that there is a problem, and One of them, who has been listening backed by outside groups, who are ca- we need to take meaningful steps to as carefully as anybody out there, to pable of raising and spending large address it. what everyday citizens are saying amounts of money. That is why, Mr. Speaker, about a about this and joined us as a cosponsor For example, if this bill becomes law, month ago, joined by over 125 original on the bill and can really speak to this, individuals will be given a $25 refund- cosponsors, I was proud to introduce I believe, from the heart, is my col- able ‘‘my voice’’ tax credit per year to something called the Government by league ALAN LOWENTHAL from Cali- help incentivize and spur small-dollar the People Act, which is an effort to fornia. donations to candidates for Congres- create a new way of funding campaigns I would be happy to yield some time sional office. People would be feeling that puts everyday citizens back at the to him now. that the government is asking them to center of the equation. Mr. LOWENTHAL. Thank you. I real- contribute and to participate. It says: no longer are we going to ly want to thank the fine gentleman Candidates now who forego contribu- seed the financing and funding of cam- from Maryland, who has worked so tions from super-PACs and only accept paigns to Big Money and special inter- long and tirelessly on ensuring that donations of under $1,000 would be eli- ests. We are going to come up with an- unlimited campaign spending does not gible to a 6 to 1 match by small do- other way of doing it, a way that puts drown out the voice of the people. I nors—that is people who are donating everyday citizens in a place of owning want to thank him for putting together under $150—from a newly established their democracy again, of feeling like a bill that gives the public a chance to freedom from influence fund. they have a voice. be heard over big money interests. Do you know what this will mean to Already within the last month, we A little bit, Mr. Speaker, about my the average American who says: If I have seen, across this country, more own experience, when I first ran many contribute a small amount, it doesn’t than 400,000 people who have become years ago for city council and then I mean anything? citizen cosponsors of the Government went on to the State and came here to All of a sudden, we are saying: you By the People Act because they are Congress—when I first ran for city count, your contribution means some- desperate to see a change which gives council, it was a very difficult time in thing. According to the Federal Election them their voice back at a time when my district. they feel—as those residents of the 13th It was a time where we actually had Commission, in 2012, individual small District in Florida felt over the last a period of where—when I first was donors were outspent 3 to 1 by outside few weeks—that their voice isn’t the elected, where we had martial law be- groups. We need to figure out how to one that matters; it is the voice of Big cause we had rioting because of—after empower average citizens whose voices Money and special interests and the the Rodney King decision in southern are drowned out by outside money super-PACs that seems to carry the California. from shadowy organizations. We have to shift this balance of day. I walked my district, and I heard power away from wealthy interests to So the Government by the People from everyone that their voices ordinary Americans, to people who are Act would encourage people to partici- weren’t being heard, that the city at asking that their government be re- pate in the funding of campaigns, small the time was not listening to them; so donors who would be assisted by a tax sponsive to them. I felt, as important as any piece of leg- credit—a refundable tax credit of $25, I urge my colleagues to support H.R. islation, was to give people a chance to to make it easier for them to partici- 20, the Government by the People Act, come together to create something to pate on the funding side of campaigns. and I urge the Speaker of this House to It would bring matching dollars from have their voices heard. bring this vital bill to the floor of the I spent that first year, when I was a freedom from influence matching House of Representatives. elected, working with my community fund that would come in behind those Give us the opportunity to vote for small donations and amplify them and in groups, and we decided that cam- democracy, to vote for the people of lift them up, so that candidates would paign reform limiting the size of con- this country. begin to pay attention to everyday tributions would enable our city to Mr. SARBANES. I thank the gen- citizens for the funding of their cam- move forward again and would bring tleman. I might ask him one question paigns and not be so dependent on Big people together, and they wanted to be because my sense is that, if you have a Money and special interests. That is able to have a chance to participate. system like this in place, not only will the promise of reform that is embodied We did it, and we put it on the ballot, you empower everyday citizens to feel in the Government by the People Act. and it overwhelmingly passed. like their voice truly does count—and We even provide that candidates who I realized, as I went forward, first to that would increase participation—you are true grassroots candidates who go the State legislature and now, here, to would have people, I think, coming out there and make the case to their Congress, that the best way to fight back into the political town square constituents and earn the support of against unlimited campaign spending who have now fled the town square be- their constituents in these small dona- by outside individual action commit- cause they are cynical and disillu- tions, that those candidates, when they tees and individuals who are capable of sioned. get into the final days of a campaign in spending unlimited amounts of But my sense is it would also create an election, if a super-PAC starts to money—short of amending the Con- more access for candidates who, right come at them and try to wipe them off stitution to repeal Citizens United—is now, are shut out of the process be- the field—off the playing field, there is to do exactly what Congressman SAR- cause they may not be in a position to some additional resources that can BANES has done, give a voice to ordi- raise the big dollars that you have to help them stay in the game, can keep nary citizens. That is what we should raise these days to run a race. their voice in the mix, so they can get be doing. There is a lot of good people out to Election Day. Congressman SARBANES’ bill, H.R. 20, there who would like to try to run for I believe that, under those cir- the Government by the People Act, is a Congress, perhaps, but they don’t know cumstances, many of those candidates comprehensive reform package, de- a lot of people who have a lot of who turn to their own constituents, signed to combat the influence of Big money; but if there was a system that who turn to small donors, who turn to Money politics. As equally important, rewarded small donations to their cam- everyday citizens to fund their cam- it is to raise civic engagement, and it paign and provided public matching paigns can be competitive and can win, really is to amplify the voice of ordi- funds coming in behind that, they even in the face of these super-PACs nary Americans. That is what we might be able to run, and they might and the big money that is pouring into should be hearing. That is what we are be able to be competitive. campaigns. hearing every day in our districts. I wonder if you have some thoughts So this is real reform, Mr. Speaker. I The bill would magnify the impact of about that. was very pleased, as I said, that we had small donations from average citizens, Mr. LOWENTHAL. I agree com- a number of original cosponsors who allowing Congressional candidates who pletely. joined us when we introduced the bill only take small donations to be com- People decide to run frequently—or about a month ago. petitive with candidates who are want to run—maybe even better than

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.091 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2356 CONGRESSIONAL RECORD — HOUSE March 12, 2014 decide, they don’t decide—they want to This is not just about the influence one stops being beholden to the policies run because they believe that they can of Big Money on the outcome of elec- that brought them here—what they be the voice for those that do not have tions. Oftentimes, that is where the want to do to form good government— a voice, for people in their community focus gets placed. This is also the effect and they are beholden to what will get who feel disenfranchised, people like that Big Money has when it comes to them reelected and to the large themselves who just want to partici- governing because the reality of it is amounts of money that come in. pate and feel that they have no voice. that, if you have an institution that So I agree. It is interesting that Sen- Then they get involved in this proc- becomes increasingly dependent on Big ator Dole said that. That is now over 30 ess, or they think about it, and they re- Money and special interests, then when years ago when we did not heed the alize that that doesn’t matter. It it comes time to vote on important warning of listening to citizens of cre- doesn’t matter who you are listening policy matters, it is just human nature ating a system that not only would de- to. It doesn’t matter who you are ac- that the institution will tend to lean in crease the role of large, outside inter- countable to. It doesn’t matter that the direction of where that money ests but would, as you have done, in- you really care about creating a sense comes from and lean away from every- crease the role of ordinary citizens to of community and involvement and day citizens. actually be listened to and be able to that people have a responsibility to The promise of this legislation is bring their thoughts to bear because participate themselves. that, if everyday citizens and matching we would become accountable to them. All that matters is how much large funds become the source of powering I think that is where we are today as money you can raise, and that is what campaigns, then when the candidates that accountability is not there. the rules are. who are elected get here to Wash- Mr. SARBANES. I appreciate it, and I think that that balance between ington, the only people they will owe I will follow up on what you just said. funding elections and listening to peo- are those everyday folks who helped to There is another quote that I would ple has gotten way out of whack. That power their campaigns. They will have love to read from Senator Warren Rud- has discouraged so many people from an independence that will allow them man, a Republican from New Hamp- wanting to run because they are now when they go to make policy to really shire, who was a force here on Capitol confronted with the reality. think about the issues that are at Hill when he served. It makes no difference that you are stake. The fact of the matter is the tre- He said: tied to a community and you give voice mendous amount of money that pours Money affects whom Senators and House to people in that community. The only Members see, whom they spend their time into this place from PACs and other with, what input they get; and make no mis- thing that makes a difference is how special interests can gum up the sys- take about it, the money affects outcomes as much money you can raise from large tem so that it doesn’t work. well. interests. I think that does a tremen- I would be interested in my col- This is exactly what you just said. dous disservice to this institution and league’s observations on a couple of You can understand why everyday to all institutions that depend upon quotations of former Members of Con- Americans are getting so fed up. public support. gress. These are very interesting. I am I went and hired a film crew. I de- Mr. SARBANES. Again, I want to going to read a quotation from former cided I was going to go interview some thank my colleague for his support of Senator Bob Dole, Republican minority people in my district at one of the local this reform effort, for joining us as an leader, who said in 1982: fairs. I just wanted to get their views original cosponsor of the Government When these political action committees on this issue. So I went out. I spent 2 by the People Act. give money, they expect something in return hours and stood in the central artery of We think there is real momentum other than good government. It is making it this festival. here. We have 140 Members of this body much more difficult to legislate. We may I said: I am Congressman SARBANES. I now that have joined as cosponsors; reach a point where, if everybody is buying want to just ask you two questions. but there is something else happening, something with PAC money, we can’t get anything done. The first question is: What do you which is exciting, and I think offers think of Congress? some new opportunities for this kind of That was Republican Minority Lead- They said: Do you really want to legislation. er Bob Dole in 1982 before the trend had know? We have had these efforts in the past, gotten to the point where it is now. I said: I wouldn’t be here otherwise. and some of them have gotten attrac- I would be interested in my col- They told me what they thought tion you would like to see; others have league’s observations just on how about Congress, and you know what not. money comes in and how it can actu- they think about Congress. All you But there is something new hap- ally begin to influence the way policy have to do is look at the latest survey, pening. There are organizations—na- gets made here in Washington. which shows that our approval rating tional organizations across this coun- Mr. LOWENTHAL. On many different is hovering around 10 or 12 percent. try who are forming a coalition. This levels. You can’t run a country if the institu- consists of many of the good govern- Thank you, Congressman. tions that are supposed to be the in- ment groups and reform groups that Mr. Speaker, it is interesting that, struments of democracy are held in have been in this space for a long time. today, people say that government— such low esteem. the House of Representatives and the The second question I asked them b 1945 Senate—is dysfunctional. Yet, as you was: What do you think about the in- But there are other people coming to pointed out in that quote, Senator Dole fluence of Big Money on our politics? this issue. There are other people who saw a long time ago, when at least What was amazing—these were Re- are joining the fight to push back on some things were getting done and publicans, Democrats, Independents—is the influence of Big Money and special more things were getting done, that we that it was as though they had gotten interests in our politics and in our gov- were beginning to go down the wrong together ahead of time and had ernment. Environmental groups like path, that the influence of money was scripted their answers, because they the Sierra Club and Greenpeace, civil stopping us from really looking at the were all the same: the fix is in; the Big rights organizations like the NAACP, critical policies that affect the Nation Money crowd runs things in Wash- and labor organizations are getting be- and from debating those and listening ington; my voice can’t be heard; my hind this effort because they under- to ordinary citizens here. voice doesn’t matter. This is the way stand that the change they want to As we talked about, when ordinary people feel when you actually ask them see—protecting the environment, mak- citizens are cut out and when the only to talk about this issue, so we have to ing sure that our civil rights laws are people who get to visit and to talk to do something about this. being enforced—too often is being us are those who contribute large The good news is that we have a bill thwarted by the influence of Big amounts of money to our campaigns, it that we have worked on really well. We Money, so they have adopted this issue is they who have special access. Theirs have gotten a lot of people from not as a priority for their organizations. are the bills that get brought up. They just here in the Chamber, who are peo- They are joining this coalition. are the ones we listen to because every- ple who are sensitive to this, but from

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.092 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2357 people out there in the country who political action committee money, the who has put a lot of thought into and care about this issue. We have crafted big donor money across this country who has written about this subject and something that, I think, passes the test and even the big money in El Paso, who has delivered some very compel- of addressing in a meaningful way the Texas—as the mother of invention with ling lectures about the influence of cynicism and anger that people feel, the necessity of finding those voters money in politics. this desire to get their government and in being able to connect with So, as I was met with this challenge back, to get their voice back. They them, we went door-to-door again, this of how to respond to the demands for should know that there are people here time in a constituency of 700,000 peo- money in politics and in my new career who are determined to make this kind ple. It was a very broad and a very long as a Member of Congress, I started to of change with the help and support canvassing effort that lasted over 9 do some searches on the Internet, and and momentum and advocacy that can months and had me knocking person- I found one of Lawrence Lessig’s lec- come from people—everyday citizens— ally on more than 16,000 doors. tures. He brought up a really impor- around the country. While my good friend from Maryland tant point, which was, when we have an I am very pleased that we are joined has actually modeled the Government election for Congress, there are really as well this evening with another per- by the People Act concept in his own two elections. son who was an original cosponsor of district, I think, more out of virtue and b 2000 the Government by the People Act. He more out of an effort to prove that this works and to understand what the op- There is the election that we all is relatively new to Congress but not think about when we think about an portunities and limits are of a different new to a commitment and a passion election for Congress, and that is the campaign funding paradigm—and I around this issue. One of the first con- election that takes place at the ballot can’t thank him enough for doing that versations we had was about: How do box, but there is also an election before because he has tested it and has proven you reach out to everyday citizens and that for the money. How do you con- it—we did something similar but out of make them feel that they are really vince the people who have control and necessity. Again, as with the city coun- part of the process? that their voices access of the money that typically goes cil races, we were fortunate enough really can be heard? into a congressional race that you are that the case we made to the voters It is a real pleasure to yield to my a good bet, that you fit within their in- prevailed. We were fortunate enough to colleague from Texas, BETO O’ROURKE. terests, and that you are going to be Mr. O’ROURKE. Mr. Speaker, I am be elected to sit here in this Congress accessible to them should you win that very honored to be here with my col- with these great colleagues I serve second election at the ballot box? That leagues from California and from with now. first election, in most cases, is really I will tell you that a very rude awak- Maryland. I am especially honored that the decisive one. my colleague from Maryland would in- ening was delivered when after I had So one of the things I like so much vite me to say a few words today. He won this seat through the primary about the Government by the People has been, truly, one of the real bright election, which was the dispositive Act is it opens up that first money spots for me in my first session in Con- election of the two in our election election to not just the special inter- gress. cycle, the number one issue that any- ests, not just those who have legisla- To give you a little context and a lit- one wanted to talk with me about was tion pending before Congress, who have tle background on why that is the case, not what policies were I likely to sup- an ax to grind, literally, here on the like my colleague from California, I port, what committees did I want to floor, but to those people that we rep- had the privilege of serving on the city serve on, what did I want to get done in resent in all of the different precincts council in El Paso for two terms. I rep- my first term in Congress. Most of the in El Paso County and all the different resented there a constituency of be- conversations, unfortunately, revolved neighborhoods, the streets, the homes. tween 60,000 and 70,000 people, so about around money. Where was I going to Those people, through a refundable tax a tenth of the constituency that we raise my money from? Who was I going credit, are able to have their voice represent here in Congress. to give the money that I raised to? heard and help decide who the field will To win those elections to be able to Who was I going to hire as the cam- be in a congressional race. I think that serve on the city council, like my good paign person in Washington, D.C.? I is awfully important and desperately friend from California, I went door-to- didn’t know that the creature existed missing right now to encourage truly door to meet my constituents—to meet until that point because we had had competitive congressional elections. those who were likely to vote in this the good fortune of being, in some When you look at the reelection rate election—to make my case for why I ways, buffered from money in that first for a Member of Congress from 1950 to might be the best alderman or council race. today, when you look at the rate, I member to represent their interests on So much centered around money as I think it is somewhere around 93 per- the city council. Then, by Election came to Congress. You don’t run for cent. That really shouldn’t be the case. Day, after having spent maybe $40,000 Congress to raise money. You don’t run We want this body to reflect the diver- or $50,000 total—a tenth of what you for Congress to spend money. You don’t sity, the difference of opinion of race would have to spend in a very conserv- run for Congress to meet lobbyists and and gender, and all the great things atively managed congressional race— to meet those who run political action that make up who this country is. we ended up having the good fortune to committees; although, there are plenty By and large, it is very difficult to do win and serve in the city council. of nice people in those categories. You today, because once you are in Con- Not only was that the best way to get run for Congress because you want to gress, you have access to that money. elected, but it was for me, as a new get something done, because you be- You win that first election for the member of the city council in El Paso, lieve in ideas that are bigger than money, almost deciding that second Texas, the best way for me to under- yourself—things that are going to help election at the ballot box, and it makes stand what my constituents’ interests the communities that you serve, issues it very difficult to have competitive were, the questions that they wanted that are going to help define your elections against incumbent Members to have answered and what their expec- country that you want your commu- of Congress. tations were of me as their representa- nities to have a voice in. Those are the I am sure that we are in the minority tive on the city council. reasons I ran for Congress. Unfortu- of our colleagues here who want to en- So, when I made the decision to run nately and sadly, those were not the courage more competition for our jobs. for Congress, I chose to run for a seat things that most people up here wanted I really think that is the right thing to that was currently held by an incum- to talk about. do. bent Member of Congress. I ran for that I was able to talk with Lawrence If we want to renew our democracy, seat in the primary, which was going Lessig, a professor at Harvard, who is have a Congress truly reflective of this to be the decisive election in that elec- somebody, if you haven’t seen his lec- country, I think we want to make sure tion cycle. Precisely because we didn’t tures, you can find on YouTube—or if that every single person has a voice in have access to the kind of big money you have the chance to see one in per- the elections that decide the makeup that we are talking about today—the son, you really should. He is someone of this body.

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.094 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2358 CONGRESSIONAL RECORD — HOUSE March 12, 2014 In conclusion, Mr. Speaker, I am just happened because of money in poli- doors because the bus is moving. We very honored to be an original cospon- tics—the ability to talk to people. It is get to tell them what we are doing up sor on this bill, honored to join in this not necessary anymore. here, and I am accountable to them. I effort, and honored to join all the great The thing is, when you talk to peo- have to answer the questions that they grassroots organizations across this ple, this is what they say: I want to raise with me. country that are raising the level of have a voice. I want to participate. I As my friend from California said, it awareness about the need to change want to be part of this great democ- is wonderful. It shouldn’t be this way, our campaign finance and our election racy. but they are impressed I am even there system in this country. Less and less does that make any dif- and listening. That should be. That I am very hopeful that we will be ference. You can win office without should be the bar below which we never able to prevail upon our colleagues, es- talking to people. You don’t have to drop. We should always be there to lis- pecially those on the other side of the talk to people anymore. You just have ten and engage and solicit opinion and aisle, to see that it is in everyone’s in- to raise large amounts of money and feedback and direction from our con- terest to have a body that truly re- let that money spread a message. What stituents. flects the American people. we are saying is, that is not only bad Government By the People will en- Mr. SARBANES. I thank my col- for the institution, that is horrible for courage that. Right now, if you have to league. the democracy that we live in. raise a lot of money for a congressional Before we wrap up, I want to ask him It is time to give back this democ- race, which probably accounts for and my colleague from California as racy to our communities. It is time to many, if not most, of the Members that well to comment on the kind of re- recreate a sense of community. It is we serve with, your time simply from a sponse they are getting as they talk to time to do what Congressman time value perspective is best spent their constituents about this kind of O’ROURKE has said, which is to create with those large donors who can write reform. competitiveness, to create a sense that the biggest checks. We are all very familiar with the people can listen and they can partici- With Government By the People, you cynicism and frustration. We encoun- pate. They can if they are not part of now have the incentive to spend time ter that on a daily basis. Sometimes it the purchasing of this House, and that with your constituents, compel them is so deep that it can be hard to get the is what it has been now—the pur- with your argument and with what you attention of people to say to them, We chasing of this House. have been able to do in office and what hear you. We understand the frustra- Rather than having the selection of you are committing to do in office that tion. We are trying to do something people being due to your being able to you are the best bet to represent them about it. convince people that you are listening for their future and for their children’s I have begun to find that as I talk to to them and what you are proposing is future. With that you earn not only people about the Government by the in their best interest, it is really what their vote in the ballot box, but that People Act, about this idea of a My is in the best interest of those that are first vote that Professor Lessig talks Voice tax credit that would help them contributing. That is what it is all about—that financial commitment to you as a viable candidate. make a small contribution to support a about. This takes us another step clos- I think my constituents want me good candidate that they want to see er. making that pitch to them, both as be competitive and successful, when I When I talk to people, first, they are voters and potential donors, much talk to them about the Freedom From very grateful that I am even talking to more than they want me to make that Influence Matching Fund, think about them now. They are thankful that I am pitch here to corporate interests who that. coming out to talk to them about this. are headquartered in D.C., who may Right now this institution is largely Not enough people are talking because never have been to El Paso, Texas, and shackled by dependence and influence we don’t have the time to talk to peo- have no real understanding or sensi- of Big Money. The Freedom From In- ple because too much time is spent tivity to the concerns and needs that fluence Matching Fund comes in be- raising money. we have here. hind those small donations and makes Mr. O’ROURKE. I have to agree with The last thing that I will say that it possible for a candidate to run their much of what my friend from Cali- really contributes to that sense of a campaign by turning to everyday citi- fornia just said. closed system, again quoting from my zens. El Paso, Texas, just had its primary favorite source on this, Professor So as I talk to people about that and elections this past week. In El Paso, Lessig, who says: our ability to begin pushing back on the turnout was 11 percent. So really The pernicious effect of these large- super PACs, I am encountering some one of the smallest minorities of citi- dollar donations is not really on your hope out there. People are skeptical. zens who are able to vote, who have core issues. They have a right to be. I would rather that right, have the freedom do exer- Issues 1 through 10 are your core con- have them be skeptical than cynical. I cise it, actually chose to do that. victions. That is what you ran on. That would rather have them have some That small minority, 11 percent of is what people expect from. You are hope and be ready to get out there and voting age in El Paso, made the deci- never going to sway from them. No fight for this reform because I think we sions for who is going to represent us amount of money is going buy you off, can make a difference. in county government, in Congress, but issues 11 to 1,000—and we vote on I would be curious to hear from my and on down the line. thousands of issues every year—become colleagues because I am starting to feel So that cynicism that you heard at much more persuadable for Members, I that. I am seeing a positive, cautious the outdoor market in Maryland we see think, when you have large amounts of response that this can really make a reflected in the polls and the turnout money involved. If you don’t know difference as we move forward in elec- in El Paso. I think it is because of the much about issue number 259 because tions and governing. same reasons that you cited. I think it doesn’t really affect your district, I would be curious to hear, Alan, people feel that it is a closed system, you are not a subject matter expert in what is happening in your district as they don’t have access to it, why both- it, you have never really thought about you talk about it. er participating. The rules are going to it before, and someone is offering to Mr. LOWENTHAL. In listening to be the same, regardless. give you $5,000, you are probably going this discussion and to your presen- By nature, we are social people. I to listen to their side of the story and tation about the bill to basically give don’t know that we would be in these you may not listen to other one. government back to the people, listen- positions if we weren’t. I like town hall So I don’t know if that is corruption. ing to Congressman O’ROURKE talking meetings. We hold a general interest It certainly comes quite close to it. It about what it is like to go door to door town hall every month. We hold special is certainly not the way that I want and talk to people, and then you are town halls. We have held town halls on nor my constituents want this body to asking what are people saying, I think the public bus system where we get to run itself and govern our country. what I am hearing as I go out is that talk to our constituents. They have no Again, Mr. SARBANES, I am so grate- we have lost, in many ways—what has place to go. They can’t get out the ful that you introduced this. I am so

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.095 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2359 grateful that we have so many cospon- and special interests, then what hap- mit for printing revisions to the aggregates sors. I look forward to working with pens to the franchise? What happens to and allocations set forth pursuant to such you to hopefully pass this and make the voice of the person who went in Concurrent Resolution, as deemed in force this law in this country. there and pulled that lever? by section 113 of the Bipartisan Budget Act Mr. SARBANES. I want to thank my of 2013, Public Law 113–67. The revision re- So the journey of empowerment, get- flects the budgetary impact of H.R. 4015, the colleagues for joining me here this ting to the ballot box is just part of it. SGR Repeal and Medicare Provider Payment evening to talk about this critical You have to protect that franchise so Modernization Act of 2014. A corresponding issue of the influence Big Money and that when the candidate gets there, table is attached. special interests on our politics and the they can keep representing the inter- This revision represents an adjustment for way we govern here. ests of the people that voted to send purposes of enforcing sections 302 and 311 of Professor Lessig has gotten a good them to Washington. the Congressional Budget Act of 1974. For shout out—and he deserves it—because That is what the Government by the the purposes of the Congressional Budget he has really studied the effect of People Act is all about, because if you Act, these revised aggregates and allocations money on this institution. power your campaign with funds from are to be considered as aggregates and allocations included in the budget resolution, There is a path to reform, and that is small donors and a Freedom From In- what the Government by the People pursuant to section 101 of H. Con. Res. 25 and fluence Matching Fund, when it comes H. Rept. 113–17, as adjusted. Act is. I will close by sort of capturing time to cast your vote, the only people Sincerely, this as a matter of voter empower- you are answering to are those citizens PAUL D. RYAN, ment. that you represent. That is the promise Chairman. In this country we view as sacrosanct of the Government by the People Act— the right to vote. We do everything we to create a government that is truly of, BUDGET AGGREGATES can—or we should do everything we by, and for the people. (On-budget amounts, in millions of dollars) can—and we even have legislation in With that, Mr. Speaker, I yield back Fiscal Year front of us to make sure that we are the balance of my time. preserving people’s access to the ballot 2014 2014–2023 f box, to the voting booth because the Current Aggregates: franchise is the most important thing PUBLICATION OF BUDGETARY Budget Authority ...... 2,924,837 1 Outlays ...... 2,937,044 1 in a democracy. It is the foundation of MATERIAL Revenues ...... 2,311,026 31,095,742 what American democracy is all SGR Repeal and Medicare Provider Pay- about—protecting that franchise and REVISIONS TO THE AGGREGATES AND ALLOCA- ment and Modernization Act of 2014 TIONS OF THE FISCAL YEAR 2014 BUDGET RESO- (H.R. 4015): making sure that people have that Budget Authority ...... 900 1 LUTION franchise. Outlays ...... 900 1 HOUSE OF REPRESENTATIVES, Revenues ...... 600 ¥12,700 If people go into the voting booth and Revised Aggregates: COMMITTEE ON THE BUDGET, they pull the lever and they exercise Budget Authority ...... 2,925,737 1 Washington, DC, March 12, 2014. Outlays ...... 2,937,944 1 their franchise, and the day the person MR. SPEAKER: Pursuant to section 404 of H. Revenues ...... 2,311,626 31,083,042 they send to Washington arrives and Con. Res. 25, the Concurrent Resolution on 1 Not applicable because annual appropriations acts for fiscal years 2015 has to start representing Big Money the Budget for Fiscal Year 2014, I hereby sub- through 2023 will not be considered until future sessions of Congress DIRECT SPENDING LEGISLATION—AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR RESOLUTION CHANGES (Fiscal years, in millions of dollars)

2014 2014–2023 total House Committee on Energy & Commerce Budget Authority Outlays Budget Authority Outlays

Current Allocation ...... 358,134 358,717 4,927,478 4,926,519 SGR Repeal and Medicare Provider Payment and Modernization Act of 2014 (H.R. 4015) ...... 900 900 ¥46,200 ¥46,200 Revised Allocation ...... 359,034 359,617 4,881,278 4,880,319

SENATE JOINT RESOLUTION ting the Department’s final rule — Irish Po- 4964. A letter from the Under Secretary, REFERRED tatoes Grown in Modoc and Siskiyou Coun- Department of Defense, transmitting annual ties, California, and in All Counties in Or- report on the current and future military A joint resolution of the Senate of egon, Except Malheur County; Termination strategy of Iran; to the Committee on Armed the following title was taken from the of Marketing Order No. 947 [Doc. No.: AMS- Services. Speaker’s table and, under the rule, re- FV-13-0036; FV13-947-1 FR] received February 4965. A letter from the Administrator, En- ferred as follows: 26, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to ergy Information Administration, Depart- ment of Energy, transmitting a report on S.J. Res. 32. Joint resolution providing for the Committee on Agriculture. 4961. A letter from the Associate Adminis- The Availability and Price of Petroleum and the reappointment of John W. McCarter as a Petroleum Products Produced in Countries citizen regent of the Board of Regents of the trator, Department of Agriculture, transmitting the Department’s final rule — Tomatoes Other Than Iran; to the Committee on En- Smithsonian Institution; to the Committee ergy and Commerce. on House Administration. Grown in Florida; Increased Assessment Rate [Doc. No.: AMS-FV-13-0076; FV13-966-1 4966. A letter from the Assistant Secretary, f FR] received February 26, 2014, pursuant to 5 Legislative Affairs, Department of State, transmitting memorandum of justification; ADJOURNMENT U.S.C. 801(a)(1)(A); to the Committee on Ag- riculture. to the Committee on Foreign Affairs. 4967. A letter from the Associate General Mr. SARBANES. Mr. Speaker, I move 4962. A letter from the Associate Adminis- Counsel for General Law, Department of trator, Department of Agriculture, transmit- that the House do now adjourn. Homeland Security, transmitting a report ting the Department’s final rule — Irish Po- The motion was agreed to; accord- pursuant to the Federal Vacancies Reform tatoes Grown in Colorado; Decreased Assess- ingly (at 8 o’clock and 13 minutes Act of 1998; to the Committee on Oversight ment Rate for Area No. 2 [Doc. No.: AMS-FV- p.m.), under its previous order, the and Government Reform. 13-0072; FV13-948-2 FIR] received February 26, House adjourned until tomorrow, 4968. A letter from the Deputy General 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Counsel for Operations, Department of Hous- Thursday, March 13, 2014, at 10 a.m. for Committee on Agriculture. morning-hour debate. ing and Urban Development, transmitting a 4963. A letter from the Associate Adminis- report pursuant to the Federal Vacancies Re- f trator, Department of Agriculture, transmit- form Act of 1998; to the Committee on Over- ting the Department’s final rule — Irish Po- sight and Government Reform. EXECUTIVE COMMUNICATIONS, tatoes Grown in Washington and Imported 4969. A letter from the Comptroller Gen- ETC. Potatoes; Modification of the Handling Reg- eral, Government Accountability Office, Under clause 2 of rule XIV, executive ulations, Reporting Requirements, and Im- transmitting the U.S. Government’s Fiscal port Regulations for Red Types of Potatoes communications were taken from the years 2013 and 2012 Consolidated Financial [Doc. No.: AMS-FV-13-0068; FV13-946-3 IR] re- Statements; to the Committee on Oversight Speaker’s table and referred as follows: ceived February 26, 2014, pursuant to 5 U.S.C. and Government Reform. 4960. A letter from the Associate Adminis- 801(a)(1)(A); to the Committee on Agri- 4970. A letter from the Chairman, National trator, Department of Agriculture, transmit- culture. Credit Union Administration, transmitting

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K12MR7.096 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE H2360 CONGRESSIONAL RECORD — HOUSE March 12, 2014 the Administration’s Strategic Plan for 2014 Mr. BURGESS: Committee on Rules. House regarding the definitions for funeral industry through 2017; to the Committee on Oversight Resolution 515. Resolution providing for con- practices; to the Committee on Energy and and Government Reform. sideration of the bill (H.R. 3189) to prohibit Commerce. 4971. A letter from the Chair, Securities the conditioning of any permit, lease, or By Mr. COLE: and Exchange Commission, transmitting the other use agreement on the transfer, relin- H.R. 4214. A bill to promote the academic FY 2013 Agency Financial Report; to the quishment, or other impairment of any achievement of American Indian, Alaska Na- Committee on Oversight and Government water right to the United States by the Sec- tive, and Native Hawaiian children with the Reform. retaries of the Interior and Agriculture; pro- establishment of a Native American lan- 4972. A letter from the HR Specialist, viding for consideration of the bill (H.R. 4015) guage grant program; to the Committee on Small Business Administration, transmit- to amend title XVIII of the Social Security Education and the Workforce. ting a report pursuant to the Federal Vacan- Act to repeal the Medicare sustainable By Mr. CONNOLLY: cies Reform Act of 1998; to the Committee on growth rate and improve Medicare payments H.R. 4215. A bill to strengthen privacy and Oversight and Government Reform. for physicians and other professionals, and data security, and for other purposes; to the Committee on Oversight and Government 4973. A letter from the Deputy Assistant for other purposes; and providing for pro- Administrator for Regulatory Programs, Reform. ceedings during the period from March 17, NMFS, National Oceanic and Atmospheric By Mr. CONYERS (for himself and Ms. 2014, through March 21, 2014 (Rept. 113–379). Administration, transmitting the Adminis- DEGETTE): Referred to the House Calendar. tration’s final rule — Fisheries Off West H.R. 4216. A bill to amend title V of the So- Coast States; Coastal Pelagic Species Fish- f cial Security Act to provide grants to States eries; Annual Specifications [Docket No.: to establish State maternal mortality review 130717633-4069-02] (RIN: 0648-XC772) received PUBLIC BILLS AND RESOLUTIONS committees on pregnancy-related deaths oc- February 20, 2014, pursuant to 5 U.S.C. Under clause 2 of rule XII, public curring within such States; to develop defini- 801(a)(1)(A); to the Committee on Natural bills and resolutions of the following tions of severe maternal morbidity and data collection protocols; and to eliminate dis- Resources. titles were introduced and severally re- 4974. A letter from the Acting Deputy Di- parities in maternal health outcomes; to the rector, Office of Sustainable Fisheries, ferred, as follows: Committee on Energy and Commerce. NMFS, National Oceanic and Atmospheric By Mr. GARY G. MILLER of California By Mr. FORBES: Administration, transmitting the Adminis- (for himself, Mr. SHERMAN, Mrs. H.R. 4217. A bill to prohibit a reduction in tration’s final rule — Fisheries of the Exclu- CAROLYN B. MALONEY of New York, funding for the defense commissary system sive Economic Zone Off Alaska; Reallocation Mr. CALVERT, Mr. MCNERNEY, and in fiscal year 2015 pending the report of the of Pollock in the Bering Sea and Aleutian Is- Mr. KING of New York): Military Compensation and Retirement Mod- lands [Docket No.: 121018563-3148-02] (RIN: H.R. 4208. A bill to ensure stability in FHA ernization Commission; to the Committee on 0648-XD093) received March 10, 2014, pursuant maximum mortgage amount limitations for Armed Services. to 5 U.S.C. 801(a)(1)(A); to the Committee on areas experiencing decreases in median home By Mr. GRIJALVA (for himself and Mr. Natural Resources. prices; to the Committee on Financial Serv- PASTOR of Arizona): 4975. A letter from the Chief, Publications ices. H.R. 4218. A bill to reauthorize the Yuma Crossing National Heritage Area; to the and Regulations, Internal Revenue Service, By Mr. TIERNEY: Committee on Natural Resources. transmitting the Service’s final rule — Prop- H.R. 4209. A bill to amend title XVIII of the By Mr. LATTA (for himself, Mrs. erty Transferred in Connection with the Per- Social Security Act to repeal the Medicare BLACKBURN, and Mr. MATHESON): formance of Services Under Section 83 [TD sustainable growth rate and improve Medi- 9659] (RIN: 1545-BJ15) received February 27, H.R. 4219. A bill to amend the Energy Pol- care payments for physicians and other pro- icy and Conservation Act to provide for the 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the fessionals, and for other purposes; to the Committee on Ways and Means. recognition of voluntary certification pro- Committee on Energy and Commerce, and in grams for air conditioning, furnace, boiler, 4976. A letter from the Chief, Publications addition to the Committees on Ways and and Regulations, Internal Revenue Service, heat pump, and water heater products; to the Means, the Judiciary, and the Budget, for a Committee on Energy and Commerce. transmitting the Service’s final rule — 2014 period to be subsequently determined by the Calendar Year Resident Population Figures By Mr. NOLAN: Speaker, in each case for consideration of H.R. 4220. A bill to authorize the exchange [Notice 2014-12] received February 27, 2014, such provisions as fall within the jurisdic- of certain Federal land and non-Federal land pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion of the committee concerned. in the State of Minnesota; to the Committee mittee on Ways and Means. By Mr. SCHRADER: 4977. A letter from the Chief, Publications on Natural Resources. H.R. 4210. A bill to amend the Patient Pro- and Regulations Branch, Internal Revenue By Mr. SIRES: tection and Affordable Care Act to authorize H.R. 4221. A bill to amend the Public Service, transmitting the Service’s final rule the extension of the initial open enrollment Health Service Act to provide for the expan- — United States and Area Median Gross In- period for up to 1 month, and for other pur- sion, intensification, and coordination of the come Figures (Rev. Proc. 2014-23) received poses; to the Committee on Energy and Com- programs and activities of the National In- March 6, 2014, pursuant to 5 U.S.C. merce, and in addition to the Committee on stitutes of Health with respect to Tourette 801(a)(1)(A); to the Committee on Ways and Ways and Means, for a period to be subse- syndrome; to the Committee on Energy and Means. Commerce. 4978. A letter from the Director, Office of quently determined by the Speaker, in each case for consideration of such provisions as By Mr. SOUTHERLAND: Regulations and Reports Clearance, Social H.R. 4222. A bill to correct the boundaries Security Administration, transmitting the fall within the jurisdiction of the committee concerned. of John H. Chafee Coastal Barrier Resources Administration’s final rule — Change of Ad- System units in Florida, and for other pur- dress for Requests: Testimony by Employees By Mrs. WALORSKI: H.R. 4211. A bill to require the Comptroller poses; to the Committee on Natural Re- and the Production of Records and Informa- sources. tion in Legal Proceedings, Claims Against General of the United States to conduct studies on enrollment by racial and ethnic By Mr. WOLF: the Government under the Federal Tort H.R. 4223. A bill to restrict United States minorities and by low-income seniors in the Claims Act of 1948, and Claims under the nationals from traveling to countries in Medicare Advantage program; to the Com- Military Personnel and Civilian Employees which foreign governments or anti-govern- Claim Act of 1964 [Docket No.: SSA-2013-0064] mittee on Ways and Means, and in addition ment forces allow foreign terrorist organiza- (RIN: 0960-AH65) received February 20, 2014, to the Committee on Energy and Commerce, tions to engage in armed conflict for pur- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for a period to be subsequently determined poses of participating in such armed conflict mittee on Ways and Means. by the Speaker, in each case for consider- or from providing material support to enti- 4979. A letter from the Secretary and At- ation of such provisions as fall within the ju- ties that are engaged in such armed conflict, torney General, Department of Health and risdiction of the committee concerned. and for other purposes; to the Committee on Human Services and the Department of Jus- By Mr. KELLY of Pennsylvania (for Foreign Affairs. tice, transmitting the Annual Report on the himself, Mr. NEAL, Mr. GERLACH, and By Mr. JEFFRIES (for himself, Ms. Health Care Fraud and Abuse Control Mr. KIND): EDDIE BERNICE JOHNSON of Texas, Ms. (HCFAC) Program for Fiscal Year 2013; joint- H.R. 4212. A bill to amend the Internal Rev- KELLY of Illinois, Ms. LEE of Cali- ly to the Committees on Energy and Com- enue Code of 1986 to permanently extend the fornia, Mr. RICHMOND, Ms. CLARKE of merce and Ways and Means. 15-year recovery period for qualified lease- New York, Mr. RANGEL, Ms. FUDGE, hold improvement property, qualified res- f Mr. RUSH, Mr. CONYERS, Mr. SCOTT of taurant property, and qualified retail im- Virginia, Mr. NADLER, Mr. ISRAEL, REPORTS OF COMMITTEES ON provement property; to the Committee on Mr. CROWLEY, Mr. SEAN PATRICK PUBLIC BILLS AND RESOLUTIONS Ways and Means. MALONEY of New York, Mr. TONKO, By Mr. WHITFIELD (for himself, Mr. Under clause 2 of rule XIII, reports of Ms. SLAUGHTER, Mr. OWENS, and Mr. PETERS of Michigan, and Mr. MEEKS): committees were delivered to the Clerk WALBERG): H. Res. 514. A resolution honoring Thomas for printing and reference to the proper H.R. 4213. A bill to direct the Federal Jennings of New York City as the first Afri- calendar, as follows: Trade Commission to revise the regulations can-American to be granted a patent by the

VerDate Mar 15 2010 03:54 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\L12MR7.000 H12MRPT1 tjames on DSK7SPTVN1PROD with HOUSE March 12, 2014 CONGRESSIONAL RECORD — HOUSE H2361 United States; to the Committee on the Ju- Congress has the power to enact this legis- Mr. BRADY of Pennsylvania: diciary. lation pursuant to the following: H.R. 4224. By Ms. LINDA T. SA´ NCHEZ of Cali- Article I, Section 8, Clause 1 and Clause 18 Congress has the power to enact this legis- fornia: of the United States Constitution lation pursuant to the following: H. Res. 516. A resolution expressing support By Mr. CONYERS: Article I, Section 8, Clause 4 of the US for the designation of Journeyman Lineman H.R. 4216. Constitution Recognition Day; to the Committee on En- Congress has the power to enact this legis- f ergy and Commerce. lation pursuant to the following: Article I. Section 8. The Congress shall f ADDITIONAL SPONSORS have power to lay and collect taxes, duties, PRIVATE BILLS AND imposts and excises, to pay debts and provide Under clause 7 of rule XII, sponsors RESOLUTIONS for the common defense and general welfare were added to public bills and resolu- of the United States; tions, as follows: Under clause 3 of rule XII, By Mr. FORBES: H.R. 6: Mr. FRANKS of Arizona, Mr. HEN- Mr. BRADY of Pennsylvania introduced A H.R. 4217. SARLING, Mr. FARENTHOLD, and Mr. NEUGE- bill (H.R. 4224) for the relief of Victor Hugo Congress has the power to enact this legis- BAUER. Santos; which was referred to the Committee lation pursuant to the following: H.R. 118: Ms. SPEIER. on the Judiciary. The constitutional authority on which this H.R. 460: Mr. STIVERS. bill rests is the power of Congress ‘‘to pro- f H.R. 485: Mrs. CAPITO. vide for the common Defense’’, ‘‘to raise and H.R. 494: Mr. CONYERS. support Armies’’, ‘‘to provide and maintain a CONSTITUTIONAL AUTHORITY H.R. 506: Ms. EDWARDS. Navy’’ and ‘‘to make Rules for the Govern- STATEMENT H.R. 532: Mr. GRIJALVA and Mr. YARMUTH. ment and Regulation of the land and naval H.R. 596: Ms. LOFGREN. Pursuant to clause 7 of rule XII of Forces’’ as enumerated in Article I, section 8 H.R. 630: Mr. AL GREEN of Texas and Mr. the Rules of the House of Representa- of the United States Constitution. GALLEGO. tives, the following statements are sub- By Mr. GRIJALVA: H.R. 645: Mr. LEWIS. H.R. 4218. mitted regarding the specific powers H.R. 713: Mr. PASTOR of Arizona. Congress has the power to enact this legis- granted to Congress in the Constitu- H.R. 718: Mr. COFFMAN. tion to enact the accompanying bill or lation pursuant to the following: U.S. Const. art. I, §§ 1 and 8. H.R. 755: Mrs. CAPITO. joint resolution. By Mr. LATTA: H.R. 792: Mr. PEARCE. By Mr. GARY G. MILLER of Cali- H.R. 4219. H.R. 820: Mr. QUIGLEY. fornia: Congress has the power to enact this legis- H.R. 822: Ms. CLARK of Massachusetts, Mr. H.R. 4208. lation pursuant to the following: HOLT, Mr. CLEAVER, Mr. HUFFMAN, and Mrs. Congress has the power to enact this legis- Article I, Section 8, cl. 3 DAVIS of California. lation pursuant to the following: The Congress shall have the power . . . to H.R. 921: Mr. RIBBLE, Mr. BRALEY of Iowa, Article 1, Section 8, Clause 3, the Com- regulate commerce with foreign nations, and Mr. LARSON of Connecticut, Ms. PINGREE of merce Clause, of the United States Constitu- among the states, and with Indian Tribes; Maine, and Mr. MASSIE. tion. By Mr. NOLAN: H.R. 954: Mrs. BUSTOS and Ms. CLARK of By Mr. TIERNEY: H.R. 4220. Massachusetts. H.R. 4209. Congress has the power to enact this legis- H.R. 975: Ms. LORETTA SANCHEZ of Cali- Congress has the power to enact this legislation pursuant to the following: fornia. lation pursuant to the following: The constitutional authority of Congress H.R. 988: Mr. FITZPATRICK. Article I, Section 8 to enact this legislation is provided by Arti- H.R. 1008: Mr. GRIMM and Mr. COBLE. By Mr. SCHRADER: cle 1, section 8 of the United States Constitu- H.R. 1009: Mr. ELLISON. H.R. 4210. tion, specifically clause I (relating to pro- H.R. 1020: Mrs. DAVIS of California. Congress has the power to enact this legis- viding for the general welfare of the United H.R. 1078: Mr. DESJARLAIS. lation pursuant to the following: States) and clause 18 (relating to the power H.R. 1144: Mr. FALEOMAVAEGA and Mr. This bill is enacted pursuant to the power to make all laws necessary and proper for CA´ RDENAS. granted to Congress under Article I, Section carrying out the powers vested in Congress), H.R. 1175: Mr. SIRES. 8, Clause 1; and Article I, Section 8, Clause 3 and Article IV, section 3, clause 2, (relating H.R. 1179: Mr. DELANEY. of the United States Constitution. to the power of Congress to dispose of and H.R. 1240: Mr. STIVERS. By Mrs. WALORSKI: make all needful rules and regulations re- H.R. 1362: Mr. JOYCE. H.R. 4211. specting the territory or other property be- H.R. 1380: Mr. YODER. Congress has the power to enact this legis- longing to the United States). H.R. 1428: Mr. SCHNEIDER. lation pursuant to the following: By Mr. SIRES: H.R. 1507: Mr. DOGGETT, Mr. CARTWRIGHT Clause 3 of Section 8 of Article I of the H.R. 4221. and Mr. GALLEGO. United States Constitution Congress has the power to enact this legis- H.R. 1515: Ms. MCCOLLUM, Mr. HECK of By Mr. KELLY of Pennsylvania: lation pursuant to the following: Washington, and Mr. STIVERS. H.R. 4212. Pursuant to clause 3(d) (1) of rule XIII of H.R. 1528: Mr. LANGEVIN. Congress has the power to enact this legis- the Rules of the House of Representatives, H.R. 1563.: Mr. VALADAO and Mr. LATTA. lation pursuant to the following: the Committee finds the authority for this H.R. 1579: Ms. HAHN. The Congress enacts this bill pursuant to legislation in article I, section 8 of the Con- H.R. 1692: Mr. SCHIFF. Clause 1 of Section 8 of Article I of the stitution. H.R. 1694: Mrs. CAROLYN B. MALONEY of United States Constitution. By Mr. SOUTHERLAND: New York. By Mr. WHITFIELD: H.R. 4222. H.R. 1783: Mrs. CAPPS. H.R. 4213. Congress has the power to enact this legis- H.R. 1843: Mr. LOEBSACK. Congress has the power to enact this legislation pursuant to the following: H.R. 1915: Mr. STIVERS, Mr. CICILLINE, and lation pursuant to the following: SUCH AS Mr. PASTOR of Arizona. Article I, Section 8, Clause 3 Article IV, section 3 of the Constitution of H.R. 1918: Mrs. BUSTOS and Mr. GRIJALVA. The Congress shall have Power *** To regu- the United States grants Congress the au- H.R. 2068: Ms. DELBENE. late Commerce with foreign Nations, and thority to enact this bill. The Congress shall H.R. 2143: Mr. LANCE. among the several States, and with the In- have Power to dispose of and make all need- H.R. 2235: Mr. MAFFEI. dian Tribes. ful Rules and Regulations respecting the H.R. 2283: Mr. LOBIONDO, Mr. BISHOP of By Mr. COLE: Territory or other Property belonging to the Georgia, Mr. VAN HOLLEN, and Ms. SHEA- H.R. 4214. United States and nothing in this Constitu- PORTER. Congress has the power to enact this legis- tion shall be so construed as to Prejudice H.R. 2317: Mr. LARSEN of Washington. lation pursuant to the following: any Claims of the United States, or of any H.R. 2377: Mr. VEASEY, Mr. STIVERS, Mr. This bill is enacted pursuant to Article I, particular State. WENSTRUP, Mr. SCHRADER, and Mr. GOWDY. Section 8 which grants Congress the power By Mr. WOLF: H.R. 2413: Mrs. HARTZLER. to regulate Commerce with the Indian H.R. 4223. H.R. 2414: Mr. HARRIS, Mr. LATHAM, and Tribes. Congress has the power to enact this legis- Mr. JORDAN. This bill is enacted pursuant to Article II, lation pursuant to the following: H.R. 2499: Mr. WALZ and Mr. HONDA. Section 2, Clause 2 in order the enforce trea- The constitutional authority on which this H.R. 2527: Mr. MCGOVERN and Mr. ELLISON. ties made between the United States and bill rests in the preamble of the Constitution H.R. 2548: Mr. YOHO and Mr. SENSEN- several Indian Tribes. providing for the ‘‘common defense’’ and in BRENNER. By Mr. CONNOLLY: the powers governing national security in H.R. 2690: Mr. PIERLUISI. H.R. 4215. Article I, Section 8. H.R. 2725: Ms. KUSTER.

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H.R. 2805: Ms. BASS. MATSUI, Mr. MATHESON, Mr. MCDERMOTT, Mr. H.R. 4075: Mr. PASTOR of Arizona. H.R. 2863: Mr. BUTTERFIELD and Ms. MOORE. MCNERNEY, Mr. MEEKS, Mr. MICA, Mr. H.R. 4092: Mr. CUMMINGS and Mr. BISHOP of H.R. 2870: Ms. SCHWARTZ. MICHAUD, Mr. GEORGE MILLER of California, Georgia. H.R. 2892: Mr. GRIFFIN of Arkansas. Mr. NOLAN, Mr. OWENS, Mr. PALLONE, Mr. H.R. 4119: Ms. NORTON, Ms. SEWELL of Ala- H.R. 2921: Ms. KUSTER. PAYNE, Ms. PELOSI, Mr. PERLMUTTER, Mr. bama, Ms. JACKSON LEE, Mr. RANGEL, Mr. H.R. 2932: Mr. CARTWRIGHT, Ms. KAPTUR, PETERS of Michigan, Mr. PETERSON, Ms. PIN- CUMMINGS, and Ms. BROWN of Florida. Mr. KENNEDY, Mr. MCDERMOTT, Mr. MCNER- GREE of Maine, Mr. QUIGLEY, Mr. RAHALL, H.R. 4143: Mrs. BLACK. NEY, Mr. MORAN, Mr. NOLAN, Ms. SCHA- Mr. RANGEL, Mr. RICHMOND, Mr. SARBANES, H.R. 4155: Mr. FARENTHOLD. KOWSKY, Mr. VEASEY, Mr. BARBER, and Mr. Ms. SCHAKOWSKY, Mr. SCHRADER, Mr. SCOTT H.R. 4157: Mr. SIMPSON and Mr. SHUSTER. of Virginia, Mr. SERRANO, Ms. SHEA-PORTER, HUELSKAMP. H.R. 2935: Ms. MOORE. Mr. SHERMAN, Mr. SMITH of Washington, Mr. H.R. 4163: Mr. HOLT. H.R. 2962: Mr. HONDA. TAKANO, Mr. THOMPSON of Mississippi, Mr. H.R. 4186: Mr. COLLINS of New York. H.R. 3040: Ms. JACKSON LEE and Mr. GRAY- VAN HOLLEN, Mr. WALZ, Ms. WATERS, Mr. H.R. 4188: Mr. RODNEY DAVIS of Illinois, Mr. SON. WELCH, and Mr. STOCKMAN. BARLETTA, Mr. MARCHANT, and Mr. GRIFFIN H.R. 3116: Mr. HUFFMAN and Mr. ROHR- H.R. 3670: Mr. SARBANES and Mr. BRALEY of of Arkansas. ABACHER. Iowa. H.J. Res. 34: Mr. BISHOP of New York. H.R. 3240: Mr. VARGAS. H.R. 3678: Mr. CAPUANO. H.J. Res. 110: Mr. GRAVES of Georgia. H.R. 3305: Ms. SINEMA. H.R. 3698: Ms. SLAUGHTER and Mr. KELLY of H. Con. Res. 27: Ms. CLARKE of New York. H. R. 3322: Ms. BROWN of Florida, Mr. BLU- Pennsylvania. H. Con. Res. 86: Mrs. NEGRETE MCLEOD, Ms. MENAUER, Mr. POLIS, and Ms. EDDIE H.R. 3708: Mr. STUTZMAN, Mr. DESJARLAIS, FUDGE, Mr. WELCH, and Mr. COSTA. H.R. 3322: BERNICE JOHNSON of Texas. Mr. POSEY, Mr. CRAMER, Mr. HURT, Mr. MCIN- H. Con. Res. 91: Ms. BORDALLO, Mr. AL H.R. 3335: Mr. AMODEI. TYRE, Mr. SCHWEIKERT, and Mr. CARSON of In- GREEN of Texas, Mr. GRIMM, Mr. SABLAN, Mr. H.R. 3361: Mrs. NAPOLITANO. diana. FALEOMAVAEGA, Mr. HONDA, and Mr. MCGOV- H.R. 3364: Mr. TURNER. H.R. 3722: Mr. LOEBSACK. ERN H.R. 3446: Mr. COHEN. . H.R. 3732: Mr. HENSARLING. H.R. 3453: Mr. BUTTERFIELD. H. Res. 36: Mr. BACHUS. H.R. 3757: Mr. LOEBSACK. H.R. 3485: Mr. MESSER. H. Res. 72: Mrs. HARTZLER. H.R. 3769: Mr. LATHAM. H.R. 3529: Mr. ROKITA. H. Res. 418: Ms. SHEA-PORTER, Mr. H.R. 3862: Mr. ROTHFUS. H.R. 3530: Ms. BASS and Ms. TITUS. CICILLINE, Mr. HOLT, Mr. SIRES, and Ms. H.R. 3867: Mr. PETERS of California, Mr. H.R. 3531: Ms. JENKINS. EDWARDS. PALLONE, Mr. CONNOLLY, Mr. SIRES, Mr. H.R. 3544: Mr. ROSKAM, Mr. YODER, Mr. H. Res. 494: Mr. BROUN of Georgia, Mr. ROKITA, Mr. MULLIN, Mr. LANKFORD, Mr. PITTS, Mr. RODNEY DAVIS of Illinois, and Mr. QUIGLEY, Mr. BARTON, Ms. ROS-LEHTINEN, VALADAO, Mr. DENT, Ms. GABBARD, Mr. COL- RIBBLE. Mr. SENSENBRENNER, and Mr. DESANTIS. LINS of Georgia, Mr. MCALLISTER, Mr. SMITH H.R. 3546: Mr. SCHNEIDER, Ms. DELBENE, H. Res. 505: Mr. CICILLINE and Mr. LATTA. of Missouri, Mr. COOK, Mr. CRAMER, Mrs. Mr. GENE GREEN of Texas, and Mr. BRADY of CAPPS, and Mr. ISRAEL. Pennsylvania. f H.R. 3877: Mr. PRICE of North Carolina. H.R. 3548: Mr. MEEHAN. H.R. 3930: Mr. PERLMUTTER, Mrs. NAPOLI- CONGRESSIONAL EARMARKS, LIM- H.R. 3560: Mr. HONDA and Mr. O’ROURKE. TANO, Mr. FITZPATRICK, and Mr. OLSON. H.R. 3571: Ms. MATSUI and Mr. SCHIFF. ITED TAX BENEFITS, OR LIM- H.R. 3963: Mr. BLUMENAUER, Mr. THOMPSON H.R. 3635: Mr. CONNOLLY. ITED TARIFF BENEFITS of Mississippi, Mr. SWALWELL of California, H.R. 3658: Mr. BARROW of Georgia, Ms. Mr. GRAYSON, and Mr. PIERLUISI. Under clause 9 of rule XXI, lists or BASS, Mr. BECERRA, Mr. BISHOP of Georgia, H.R. 3969: Mr. RENACCI. statements on congressional earmarks, Mr. BRADY of Pennsylvania, Mr. BRALEY of H.R. 3978: Ms. SLAUGHTER and Mr. Iowa, Ms. BROWN of Florida, Mr. limited tax benefits, or limited tariff CICILLINE. BUTTERFIELD, Mr. CARNEY, Mr. CARSON of In- benefits were submitted as follows: H.R. 3991: Mr. JONES, Mr. HUELSKAMP, and diana, Mr. CARTWRIGHT, Ms. CASTOR of Flor- OFFERED BY MR. TIPTON Mr. ROKITA. ida, Ms. CHU, Mr. CICILLINE, Ms. CLARKE of H.R. 3992: Mr. STEWART and Mr. AMODEI. The amendment filed to H.R. 3189 by me New York, Mr. CLYBURN, Mr. COSTA, Mr. H.R. 4012: Mrs. HARTZLER. does not contain any congressional ear- COURTNEY, Mr. CUMMINGS, Mrs. DAVIS of H.R. 4015: Mrs. MILLER of Michigan, Mr. marks, limited tax benefits, or limited tariff California, Mr. DANNY K. DAVIS of Illinois, MCCAUL, Mr. LOBIONDO, and Mr. KELLY of benefits as defined in clause 9 of House rule Mr. DEFAZIO, Mr. DELANEY, Ms. DELAURO, Pennsylvania. XXI. Mr. DEUTCH, Mr. DINGELL, Ms. DUCKWORTH, H.R. 4026: Ms. BORDALLO. Ms. EDWARDS, Mr. ELLISON, Mr. ENGEL, Ms. H.R. 4031: Mr. SHUSTER and Mr. AMODEI. f ESHOO, Mr. FOSTER, Mr. GALLEGO, Mr. GAR- H.R. 4035: Mr. DEFAZIO. CIA, Mr. GOWDY, Ms. HAHN, Mr. HANNA, Mr. H.R. 4040: Ms. CASTOR of Florida. DELETIONS OF SPONSORS FROM HASTINGS of Florida, Mr. HIGGINS, Mr. HOLT, H.R. 4046: Mr. BLUMENAUER, Mr. MORAN, PUBLIC BILLS AND RESOLUTIONS Mr. HOYER, Mr. ISRAEL, Ms. JACKSON LEE, and Mr. POCAN. Under clause 7 of rule XII, sponsors Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. H.R. 4049: Mr. SENSENBRENNER and Mr. were deleted from public bills and reso- EDDIE BERNICE JOHNSON of Texas, Ms. KELLY KIND. of Illinois, Mr. KIND, Mrs. KIRKPATRICK, Ms. H.R. 4058: Mr. KLINE. lutions, as follows: LEE of California, Mr. LEVIN, Mr. LEWIS, Mr. H.R. 4064: Mr. HUDSON, Mr. WESTMORELAND, H.R. 1239: Mr. FORBES. LOEBSACK, Ms. LOFGREN, Mr. MAFFEI, Ms. Mr. YOUNG of Indiana, and Mr. PALAZZO. H.R. 3633: Mr. COURTNEY.

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Vol. 160 WASHINGTON, WEDNESDAY, MARCH 12, 2014 No. 41 Senate The Senate met at 9:30 a.m. and was Senator from the Commonwealth of Massa- MEASURES PLACED ON THE CALENDAR—S. 2110 called to order by the Honorable ED- chusetts, to perform the duties of the Chair. AND H.R. 4152 WARD J. MARKEY, a Senator from the PATRICK J. LEAHY, Mr. REID. Mr. President, there are Commonwealth of Massachusetts. President pro tempore. two bills at the desk due for a second Mr. MARKEY thereupon assumed the reading. PRAYER Chair as Acting President pro tempore. The ACTING PRESIDENT pro tempore. The clerk will read the bills by The Chaplain, Dr. Barry C. Black, of- f fered the following prayer: title for the second time. The assistant legislative clerk read Let us pray. RECOGNITION OF THE MAJORITY as follows: Almighty God, You are the way, the LEADER truth, and the life. Shine Your light A bill (S. 2110) to amend titles XVIII and XIX of the Social Security Act to repeal the upon our Senators’ pathway, keeping The ACTING PRESIDENT pro tempore. The majority leader is recog- Medicare sustainable growth rate, and for them from straying from Your will. other purposes. Lord, keep them from sluggish think- nized. An act (H.R. 4152) to provide for the costs ing or ambiguous expression or cold- of loan guarantees for Ukraine. f ness of heart or weakness of will. As Mr. REID. I would object to anything they experience Your constancy, en- CHILD CARE AND DEVELOPMENT at this time as to these two matters. able them to see Your higher wisdom, BLOCK GRANT ACT OF 2014—MO- The ACTING PRESIDENT pro tem- which is a lamp for their feet and a TION TO PROCEED pore. Objection is heard. The bills will light for their path. Continue to guide be placed on the calendar. them until they see You more clearly, Mr. REID. Mr. President, I move to CHILD CARE AND DEVELOPMENT BLOCK GRANT follow You more nearly, and love You proceed to Calendar No. 309, S. 1086, the ACT more dearly each day. Child Care and Development Block Mr. REID. Mr. President, in our great We pray in Your merciful Name. Grant Act of 2014. country we think of a college edu- Amen. The ACTING PRESIDENT pro tem- cation as the key to unlock our chil- pore. The clerk will report the bill by dren’s success. But many families in f title. this country struggle to afford child The assistant legislative clerk read PLEDGE OF ALLEGIANCE care, leaving no money whatsoever for as follows: higher education. The Presiding Officer led the Pledge Motion to proceed to Calendar No. 309, S. In 2011, in most States, 1 year of of Allegiance, as follows: 1086, a bill to reauthorize and improve the daycare for an infant was more expen- I pledge allegiance to the Flag of the Child Care and Development Block Grant sive than 1 year of tuition at a public United States of America, and to the Repub- Act of 1990, and for other purposes. university. lic for which it stands, one nation under God, SCHEDULE Let me repeat that. In America, in indivisible, with liberty and justice for all. Mr. REID. Mr. President, following almost every State, 1 year of daycare is my remarks and those of the Repub- f more expensive than 1 year of tuition lican leader, the Senate will be in a pe- at a public university. It is no wonder APPOINTMENT OF ACTING riod of morning business until 10:30 that middle-class families are strug- PRESIDENT PRO TEMPORE a.m., with the majority controlling the gling with sticker shock, and for many first half and the Republicans control- low-income families childcare is simply The PRESIDING OFFICER. The ling the final half. clerk will please read a communication out of reach. Following morning business the Sen- For millions of families in the United to the Senate from the President pro ate will proceed to executive session. States, childcare is their single largest tempore (Mr. LEAHY). At 10:30 a.m., there will be up to 6 roll- household expense at nearly $15,000 a The assistant legislative clerk read call votes on the confirmation of sev- year. In an economy where most fami- the following letter: eral executive nominations. lies have two working parents, U.S. SENATE, Upon disposition of the nomination childcare isn’t a luxury, it is a neces- PRESIDENT PRO TEMPORE, of Sarah Bloom Raskin to be Deputy Washington, DC, March 12, 2014. sity. To the Senate: Secretary of the Treasury, the Senate That is why President Bush signed Under the provisions of rule I, paragraph 3, will begin consideration of S. 1086, the the first Child Care and Development of the Standing Rules of the Senate, I hereby Child Care and Development Block Block Grant Act into law in 1990. He appoint the Honorable EDWARD J. MARKEY, a Grant Act reauthorization bill. did this to ensure working families

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

S1531

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1532 CONGRESSIONAL RECORD — SENATE March 12, 2014 have access to quality, affordable Mr. CARDIN. Mr. President, I ask service. We need people in the adminis- childcare. unanimous consent that the order for tration like Sarah Bloom Raskin. Her I thank HELP Committee Chairman the quorum call be rescinded. background, her education, and her job HARKIN and Senators BURR, MIKULSKI, The ACTING PRESIDENT pro tem- training all serve to make her particu- and ALEXANDER for their diligent bipar- pore. Without objection, it is so or- larly well suited to be the deputy sec- tisan work to reauthorize this meas- dered. retary. ure. f I, for one, am thankful to Sarah and The program serves more than 1.6 her family that she is willing to serve RASKIN NOMINATION million children, including more than in an extremely challenging position. 7,300 in Nevada, making access to af- Mr. CARDIN. Mr. President, shortly This is not going to be an easy posi- fordable, high-quality care possible. we will be voting on some nominees, tion, obviously, as Deputy Secretary of But the program serves only a fraction and I want to thank all the nominees the Treasury. It gives me great con- of the need. We should be doing more and their families for their willingness fidence to know Sarah will be handling to guarantee every parent who wants to serve the public. This is a real sac- the many responsibilities demanded of to work can afford adequate super- rifice. People are giving up other op- the deputy secretary, and it gives me vision for their children and for every portunities in order to serve their great pride that a fellow Marylander child, regardless of income, so that country. It is not just the individual may continue to be among the finan- kids have a safe place to learn. who accepts these positions of public cial leaders who guide our economy to- This bipartisan measure is an invest- service, it is a family matter, and so I ward our future growth and stability. ment in America’s mothers, 65 percent applaud them all for their service to I urge my colleagues to support her of whom work outside the home. Yet our country. confirmation. We are indeed fortunate women earn less and are less likely to I would like to speak in particular to have a person of her skills willing to go back to work after having chil- about the last vote we will have in this serve as Deputy Secretary of the Treas- dren—than men—in part because of the series, and that is the confirmation of ury. shortage of safe, affordable daycare. Sarah Bloom Raskin as Deputy Sec- I yield the floor, and I suggest the ab- This program is helping millions of retary of the Treasury. Sarah is a per- sence of a quorum. parents, and especially mothers, get son who has given much to public serv- The ACTING PRESIDENT pro tem- back to work to help support their ice throughout her career. I know her pore. The clerk will call the roll. families. In the two decades since this personally. She is a Marylander, and The assistant legislative clerk pro- important program was last author- we are very proud of the fact she is a ceeded to call the roll. ized, we have learned a great deal Marylander. Mr. MURPHY. Mr. President, I ask about the importance of early child- If Sarah is confirmed, she will be the unanimous consent that the order for hood education and high-quality highest ranking woman in the history the quorum call be rescinded. childcare. of the Treasury, and I am very proud of The ACTING PRESIDENT pro tem- This bipartisan measure builds on that accomplishment. She has been pore. Without objection, it is so or- that knowledge, updates health and very active in Maryland and at the na- dered. safety standards for childcare centers, tional level. For the past several years f and requires providers to undergo com- Sarah has served on the Federal Re- AFFORDABLE CARE ACT prehensive background checks. serve Board of Governors. Her deep fi- This reauthorization is only the first nancial and regulatory knowledge and Mr. MURPHY. Mr. President, I got step. I look forward to working with sound judgment made her an essential the chance to meet David Weis, a 22- my colleagues on both sides of the aisle asset during her tenure there. As the year-old student at Georgetown Uni- on the larger effort to broaden access Presiding Officer knows, this has been versity, about a week ago. David’s to quality early childhood education. a very turbulent time in regard to the story, unfortunately, although it may We are going to take up this bill economy of our Nation, and during this sound exceptional, is not. He was just later today. As I have said before, and great economic unease her dedication about to celebrate his 19th birthday, I will say again so everyone under- to strong consumer protections has when 2 days before it, in 2010, he was stands, this is a bipartisan bill. I hope been especially valuable. diagnosed with thyroid and lymphatic the managers of this bill will do every- Even before joining the Board of Gov- cancer—a devastating diagnosis that thing they can to move this expedi- ernors, Sarah was no stranger to suc- came just as he was preparing to start tiously through this body. But we are cessfully navigating choppy economic college. going to finish—not finish it this week, waters. In 2007 she was appointed Com- As most of his classmates were en- but I prefer finishing it, and I hope we missioner of Financial Regulation for joying the first days of their freshman can do that. the State of Maryland, so I have had year at Georgetown University, David RESERVATION OF LEADER TIME the chance to observe her and her dedi- was dealing with a rigorous course of Mr. REID. Would the Chair announce cation and her effectiveness at the treatment for his disease that left him the business of the day. State level and also at the national tired, left him confused, and left him The ACTING PRESIDENT pro tem- level. anxious about his future. David had an pore. Under the previous order, the At the State level she has signifi- ace up his sleeve, and that was the fact leadership time is reserved. cantly improved consumer protections he had insurance. But he only has it as f and supported banks through the many long as he is covered as a student. challenges of the financial crisis. That David came to the U.S. Capitol last MORNING BUSINESS is where I got to see her work firsthand week to testify in favor and in support The ACTING PRESIDENT pro tem- and her thoughtfulness and how dedi- of the Affordable Care Act, because he pore. Under the previous order the Sen- cated she was, and her ability to bring knows that with the passage of this bill ate will be in a period of morning busi- people of different persuasions to- his diagnosis will not be a death sen- ness until 10:30 a.m., with Senators per- gether, different stakeholders in our fi- tence; that he will be able to get the mitted to speak therein in for up to 10 nancial community, and to chart a coverage he needs; and that he will be minutes each, with the time equally di- course where we could have a positive able to pursue his dreams when he vided and controlled between the two result not only for the financial insti- graduates rather than have his life de- leaders or their designees, with the ma- tutions but for consumers and for our cisions dictated by his illness—having jority controlling the first half. economy. to choose a job simply because it pro- Mr. REID. I suggest the absence of a Sarah is also part of a family of gov- vides health care or having to be quorum. ernment service. Her husband Jamie is locked into a career simply because he The ACTING PRESIDENT pro tem- a member of the Maryland State Sen- can’t afford going without insurance to pore. The clerk will call the roll. ate and has an excellent record of pub- cover his cancer. The assistant legislative clerk pro- lic service in his own right. So this is David’s story can be repeated hun- ceeded to call the roll. a family that has given much to public dreds of thousands of times all across

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About two-thirds of all young are not doing to get people to sign up. thirties who thought they were invin- adults across the country who are cur- When we have done that, young people cible but who got knocked off their feet rently uninsured are eligible for these and old people across the board have by a devastating disease such as cancer subsidies. flocked to sign up. and who desperately need health care For all of these young people who I was glad to see the President do his insurance at the time of that illness in were previously going to the market- outreach yesterday to young people all order to get back onto their feet. place and often having to pay full across the country. I was glad to see Some of the best news that has come price, often buying insurance on their the spike in interest on healthcare.gov. out over the past several months, as own with no ability to negotiate a I am glad to see that 4.2 million people the enrollment has started to ramp up group discount, this health care law is have signed up for health care, as more on the Affordable Care Act, has been transformational. Fifty or sixty dollars people all across the country—young the number of young people who have a month is the price for bronze plans. people especially—are realizing the Af- signed up. We have seen that 31 percent And this doesn’t even count the cata- fordable Care Act works. of all of the people who have signed up strophic option open to most young I yield the floor. for insurance exchanges all across this people as well. f country are 34 years or under. This is a The good news continues to roll in RECOGNITION OF THE MINORITY real signal that young people are rec- when it comes to the numbers of people LEADER ognizing that, although they may feel signing up. Yesterday the administra- The ACTING PRESIDENT pro tem- as if they are going to live forever, tion announced that 4.2 million people pore. The Republican leader is recog- they desperately need insurance, just have enrolled in marketplaces through nized. as everyone else does. So that is why I March 1; 943,000 people enrolled in the was so glad to see President Obama short month of February; and 31 per- f yesterday go on the show ‘‘Between cent of all those people are 34 or young- ENERGY Two Ferns,’’ with Zach Galifianakis, to er. And, of course, we haven’t even got- Mr. MCCONNELL. Mr. President, too talk about the importance of young ten to crunch time yet. often in Washington our friends on the people signing up. I wish this weren’t the case, but I left seem to operate under a very dan- We all know about the ‘‘Two Ferns’’ know something about how young peo- gerous assumption: that good inten- effect. Previously unknown stars such ple think. Too many leave big decisions tions are more important than a good as Will Ferrell and Bradley Cooper until the last minute, whether it be outcome. I say it is dangerous because went on ‘‘Two Ferns’’ and were cata- studying for a test, writing a term we see all the time how liberal Wash- pulted to stardom. I am glad to see the paper, or signing up for health care. ington politics that aim to alleviate ‘‘Two Ferns’’ effect has had the same As we have seen in the past on a lot problems such as poverty or wage stag- impact on health care enrollment. of these enrollment deadlines, like the nation or other social or economic Since President Obama went on ‘‘Two enrollment deadline for Medicare Part problems just seem to make things Ferns,’’ 19,000 people were referred to D, the surge comes in the final few worse. Yet, despite the evidence, the the Web site of enrollment from the weeks of enrollment. So we expect to policies never seem to change. More ‘‘Funny or Die’’ Web site. By 6 p.m. see the numbers pick up in a signifi- money just gets thrown at the same that day the video had sent 32,000 peo- cant way through March. failed programs year after year with ple to healthcare.gov. HHS officials Knowing how people in their twenties barely any thought as to whether they said traffic on healthcare.gov had risen and thirties think, I expect we will see actually work. by 40 percent on Tuesday to over 890,000 a major surge in enrollment from ObamaCare is a case in point. Here is visits in 1 day. young people as well. But they a big-government bill that Washington It is a signal that when young people, shouldn’t wait until the last minute. It Democrats thought they could just through whatever means is available to does take more than a few hours to pass and—poof—health care would them, find out about the benefits of the look at the choices and decide which is magically be made more affordable for Affordable Care Act, they are inter- best. In Connecticut we have three in- everybody. Yet for millions of Ameri- ested and they are signing up. I hope surance plans offering coverage, but cans just the opposite happened. Con- President Obama uses more innovative each one of them has three or four dif- trary to the assurances, ObamaCare tools and methods to try to get the ferent plans. So I hope young adults in has upended lives and businesses all word out to young adults in their late their twenties and thirties take more across our country. It has forced pain- teens, twenties, and thirties about the than a few hours or a day to sign up be- ful choices for people who could barely importance of signing up for the Af- cause we want to make sure they get get by as it was. It is a mess. fordable Care Act because it is impor- the plan available for them. It is easy So one would assume Washington tant. Some 70,000 adolescents and to do with a phone call to an enroll- Democrats would step back and take a young adults are diagnosed with cancer ment center, a visit in Connecticut to long hard look at the accumulating every single year in this country. the in-person centers in New Britain evidence and start thinking about ways There are 151,000 people below the age and New Haven, and very simple to do to keep this thing from pummeling of 20 living with diabetes right now. So on healthcare.gov. even more Americans. But we would be despite the fact that we may think we In Connecticut our exchange is going wrong. They just keep doubling down. are going to live forever or think we like gangbusters. We had a goal of sign- When the Web site crashed, they may not need coverage, young people ing up 80,000 to 100,000 people, and a full called it a glitch. When people started need it as well. It is affordable. 30 days before the deadline we have losing their doctors and their plans, The President said yesterday on this signed up 152,000 people. Of those indi- they told them: You can live with it. show: You effectively can get coverage viduals in Connecticut, about 25 per- When Americans started sharing their for the cost of a cell phone bill. And it cent are 25 years or younger. We are on ObamaCare horror stories, they basi- is true. Having a cell phone is pretty track to double our original estimates cally called them all liars. That would important, but being able to get treat- in Connecticut. tell us something we need to know ment when you get a serious disease is Connecticut is a State that had a about how much Washington liberals pretty important as well. pretty high rate of insured to begin care about middle-class Americans. In Connecticut the numbers are pret- with, so our delta to get to full insur- They are captive to the most extreme ty reasonable. A 22-year-old in Hart- ance was relatively small compared to ideologies of the left, and they don’t ford making a $25,000 salary—which is other States. But guess what Con- even try to hide it anymore. Forget the salary I made in my first job in necticut is doing. Connecticut is actu- reason or economics or sound argu- Hartford—can get a bronze policy for ally working to implement the law ment; it is all about ideology with as low as $66 a month through Anthem. rather than working to undermine the these guys. A 25-year-old living in Bridgeport mak- law. We put a lot of time and thought We saw it all on vivid display a cou- ing a little more, $30,000, can get a into getting a working Web site, into ple nights ago with the Democrats’ all-

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1534 CONGRESSIONAL RECORD — SENATE March 12, 2014 night talkathon on global warming. keep a roof over his family’s head and care plan. Yesterday the administra- The reason for the all-nighter was pret- food on the table. When it comes to his tion announced that slightly more ty obvious: It was a command perform- fellow miners, here is what he had to than 4.2 million people have signed up ance for a leftwing activist donor out say: for health plans through the ex- in California. And the fact that tax- Many of these men, who have never asked changes. As we all know, that is sub- payers were basically subsidizing the the government for any kind of assistance in stantially below their first goal and whole thing was bad enough, but what their lives . . . [are] having to go home and substantially below their adjusted goal about the basic substance of the issue tell their families that their pay’s going to just a few weeks ago. Democrats were talking about the be cut to practically nothing, [that] there’ll One of the things, in an effort by the be very little Christmas this year, no vaca- Washington Post to find out how many other night. What about that. It is just tions, nothing extra. one more case where good intentions of those people hadn’t had insurance trump the impact their proposals Miners aren’t the only ones affected before—the group that was supposed to would have on ordinary Americans. by all the pain out there in coal coun- be served well by this—their estimate See, the Obama administration seems try. I will read a letter I received from was in an article also this week, about to think that if it just wishes really Bill Scaggs, a businessman and pastor 1 million people—an incredible amount hard and issues enough regulations, it from Pikeville. Here is what Bill had to of effort to add 1 million people to the can singlehandedly reduce global car- say: insurance rolls, particularly with the bon emissions—without bringing Bei- We have had to lay off employees due to stories from the millions of people who jing and New Delhi onboard. It is an al- the closings of mines and the [effect] they were on the insurance rolls that come have had. Our business is losing thousands of ternate universe where ‘‘victory’’ to our offices every day; stories that dollars due to the negative impact of the clearly reflect problems with this law means U.S. emissions going down by EPA. As a pastor . . . our benevolence to the some negligible amount—and where community has increased fivefold with help and problems, more importantly, for China and India don’t simultaneously for food, power bills, clothing, and just the the American families who are im- eclipse that tiny emissions reduction day to day living expenses that families pacted. with expanded energy of their own. It need. I brought a few of them with me is a universe where the massive eco- Americans may not always know it, today—since I was talking about this nomic consequence of acting so reck- but they owe a lot to coal miners like topic last week—that have come to our lessly doesn’t seem to matter, and it is the ones I represent in Kentucky. office. These are stories where we a universe where middle-class Ameri- Whether it is watching a TV show, dry- reached back, contacted these people, cans somehow don’t take the hit to our ing a pair of jeans, or saving some left- said I was going to come to the floor economic output right on the chin. In over takeout for tomorrow, we often with their story. I mentioned their other words, it is the kind of thing that probably have a miner to thank for the first name and where they are from, are they concerned with that. Time could only make sense to a party blind- electricity that makes it all possible. after time people say, oh, no, we want ed by extremist ideology. That is also true if we try to keep the this story told, which is why we Of course, Washington Democrats lights on all night long. love to pull out that old straw man and So I hope our friends on the other reached out to you. Gary in Lake Ozark, MO, says what say: Either you support our approach side will remember to be thankful for so many people are saying—that his de- completely—even if it won’t actually the electricity that makes all-night ductible is now the problem. In fact, solve the problem it purports to—or talkathons actually possible. Honestly, his deductible on the policy he can now you hate the environment. It is kind of I still don’t get the point of the stunt. have—let me just read what he said: like when they said: Either you vote They didn’t introduce legislation or Before I knew I’d be able to stay on my for ObamaCare or you hate affordable schedule votes on the national elec- company’s plan— health care. Well, our constituents re- tricity tax they seem to want so badly. He was going to be able to stay on his member how that worked out, and our Remember, they control the Senate, so company plan 1 year longer than he constituents are quite capable of seeing they can bring it up for debate when- thought he was just a few months ago— the complexity in the world which so ever they want to. Where is the climate Before I knew I’d be able to stay on my often eludes our friends on the left. change debate? Where is the bill? Peo- company’s plan, I went to the exchange to They are capable of caring deeply ple who were speaking all night control seek coverage. I found a plan available to me about the environment, for instance, the Senate. Bring up the bill. Here is but was shocked to learn that my deductible while disagreeing with the administra- the point: Republicans care deeply was going to be over $8,000 per family mem- tion’s ideological crusade. about the environment. We also care ber. Of course, every ideological crusade deeply about creating jobs and growing This is quickly becoming the new needs an enemy. In the administra- the middle class, and we do not think group of people who aren’t able to meet tion’s war on coal, Washington Demo- our country should have to sacrifice their health care costs. I met with a crats appear to have found their foil. It one priority for the other. The Amer- number of health care administrators, is not some fat cat. It is not some Wall ican people do not either. So it is time hospital administrators from Missouri Street titan. No. This time it seems to for Washington Democrats to drop the recently. They said their fastest grow- be middle-class Kentucky families— billionaire-approved ideological cru- ing category of unpaid bills, of unpaid miners who struggle every day just to sades, to quit all the talk and get on- debt, is from people who have insur- put food on the table, the kinds of board with sensible forward-looking ac- ance. So many people with insurance Americans who work hard so the rest tion to create jobs. We have tried the now have a deductible that is a deduct- of us can have a better life. Well, it is left’s wish-upon-a-star approach al- ible they believe they cannot pay, and unfair and it is wrong. ready and real people have been hurt. because they believe they cannot pay Where Washington Democrats seem So why not try some things that will it, they simply do not pay it. So wheth- to see faceless adversaries, I see human actually work. er it is the $8,000 on Gary’s policy or beings, people who are hurting. I wish I suggest the absence of a quorum. the other lower amounts—hopefully, I my Democratic colleagues would join The ACTING PRESIDENT pro tem- will find some lower amounts here. me sometime as I travel around Ken- pore. Will the Senator withhold his re- Here is one from another Gary. This tucky listening to their concerns. quest? Gary is in southeast Missouri. His At one recent hearing, a miner Mr. MCCONNELL. I will withhold. wife’s deductible went from $500 to named Howard Abshire had this mes- The ACTING PRESIDENT pro tem- $1,800—story after story. What happens sage for President Obama: pore. The Senator from Missouri. when you have that growing deduct- Come and look at our little children, look f ible, whether it is the $1,800 or the at our people, Mr. President. You’re not $3,000 or the $8,000, if it was $500 and hurting for a job; you’ve got one. I don’t HEALTH CARE that was all you were going to have to have one. Mr. BLUNT. Mr. President, I rise to pay, you might figure out how to put Another miner, Gary Lockhart, said talk about the new numbers that have together $500 or maybe even more than his biggest worry was just trying to been released on the President’s health that, but when you see $1,800 or $3,000

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1535 or $8,000, apparently people who used to cluding tax information not available way, nobody contends that this Web pay their $500 deductible say they can’t until April 1. Because of all this the Af- site is secure or that the information possibly pay that, so the hospital needs fordable Care Act is causing his daugh- people put on it is secure. In fact, it is to write that off, I guess, as bad debt. ter to go uninsured, according to just the opposite. Every indication has They are going to come after me for Frank, until at least June. been it is not secure. He did say he $7,500 just like they would have for This is one of those States that has used ‘‘the website to find a plan, but $8,000. an exchange the States have set up. A three months later, when I finally got So a deductible that used to be rea- couple of places have never been able a quote, it was unaffordable, and much sonable and was paid, now the family to sign up one single person. It is not higher than the quotes I was able to looks at that and says we cannot pos- October 1, it is now much closer to find’’ outside of the exchange. sibly ever get to that deductible, so April 1, and this system is just not Bob from Wentzville, MO, said he has there is no reason to even start down meeting the needs of families or meet- seen his insurance increase by 15 per- that path. ing the goals that clearly it set for cent over the past 3 years. I feel like I have a whole list of Gary’s here on itself. writing back to Bob, saying, based on top of this. I don’t think they are all Farrell from Versailles, MO, says he all the other letters, with 15 percent making up the name Gary. This Gary is facing financial hardship because his you should be feeling pretty good about from Higginsville—I could have orga- employer cut his hours to avoid cov- that, but nobody feels good about a 15- nized these to have a little more vari- ering his health insurance. The em- percent increase. It is just that so ety in the first three, but this is Gary ployer told him ObamaCare was the many people are seeing an increase from Higginsville, MO. They said his reason they were cutting his hours. He that is so much higher than that. prescription costs for his premium for was teaching at a community college On the other hand, his insurance pre- Humana Gold Plus Medicare Advantage as an adjunct professor for 8 years. He miums have increased by 15 percent, and his copays have all gone up signifi- said he quit his full-time job because, but—back to the earlier discussion—his cantly. He is concerned about Medicare according to him, he was teaching four deductible has gone from $500 annually Advantage. courses each semester and a course to $4,000 annually or $8,000 for the fam- Just a few days ago I was here—in over the summer and that appeared to ily. fact, I ran into this person. Reading be meeting his needs. Is this the kind of insurance families this letter: Suddenly the new law comes along need? They used to pay a premium that was just a little bit less, 15 percent I am the man you spoke with outside and his employer says: If you work as Starbucks in Independence, MO, across from much as you have been working, we less, but they had a $500 annual deduct- the mall. You leaned down on my car door of will have to provide health insurance. ible, not a $4,000 annual deductible. which the window was down. . . . Something that you and I would both Beverly from Potosi, MO, went to her He called me over to talk about be interested in too, having worked to- doctor for her annual screening and ObamaCare. gether for a long time, is seeing the re- was told she could only have one now every 2 years because of the Affordable What has changed is that several of my sponse that even local governments medications have gone up in price . . . my and State governments have had for Care Act. Although her risk of cancer premium has gone up for Human Gold Plus people they always—because they increases with age, she believes she is Medicare Advantage. My deductibles and co- thought it was the right thing to do— getting less care than she got before. pays have gone up— provided health care. But sadly when Holly from Jefferson County, MO, is Things that are the result of the cuts the Federal Government said here is a registered nurse who is now working made to Medicare now actually cost what you have to do, then that drew an two part-time jobs. She is living pay- him the money that used to be paid for interesting line across our society. It check to paycheck. Here is what she by Medicare. When you cut Medicare also means if you have to do this, you says in her letter: $500 billion to start a new program, do not have to do anything for people I am a registered nurse that is only work- somebody who is on the old program is ing part-time at 2 jobs. I live paycheck to who do not meet the requirement—the paycheck like most people since the eco- going to be impacted by that. It is not 30-hour workweek, the impact it has nomic crisis. I am barely able to keep my like when we debated this we said, had on people. bills paid much less able to add another one. well, this Medicare Program is in such I was in a location the other day, and I am upset that my right as a US citizen has great shape that now we can start a I said to the manager of the store: How been taken away from me to decide for my- new program and use money from are you doing, meaning I thought this self if I want health insurance or not. Medicare to do that. That was done in would be a skill discussion; how are I think she could have added to that, the face of the understanding that you doing with the skill levels you may to decide for herself whether she want- Medicare, one of the principal obliga- need to find here for people who are ed it and what she wanted. I cannot tions the country has made to retired dealing with customers. He said it is tell what the President’s latest an- people—people over 65, going back to harder all the time because now we nouncement was, but it appears to be if 1965—that this was a program that have to hire four people, where we used you had insurance, even if it has been wasn’t going to be able to support to have to hire three people because canceled because it didn’t meet the itself. nobody new whom we are hiring is qualifications, now somehow it is not So what do we decide to do as a Con- working more than 29 hours a week. So canceled—and how you deal with that gress—and I voted against it and I am instead of finding three people to do as someone who has maybe gotten an- glad I did, but the ultimate decision that job to work 40 hours a week, now other policy or maybe moved beyond was we are going to cut Medicare to we are having to find four people who the insurance you had and do not qual- start a new program, and we will see work less than 30 hours a week. ify to go back. what happens to a program we already He went on to say managers and peo- I don’t know how many times we can know is in trouble when we do that. ple who were already working, no- change this law without finally admit- Frank from Kansas City’s policy was body’s getting their hours cut, but he ting the law is not working. Let’s take canceled for not meeting the Afford- said: When we are hiring new people, everything we know now, which is so able Care Act requirements. So he was we are doing what our competitors are much more than the country knew and forced to sign up on the exchange for doing, which is hiring part-time people most Members of Congress knew when himself, his wife, his 22-year-old daugh- who do not have benefits. the law passed—let’s take everything ter, his 19-year-old son, his 11-year-old Emmett at Lake Ozark, despite the we know now and go back and do this daughter. fact that he was paying all his pre- the right way. Frank was told that his 11-year-old miums through his employer, his em- Jason from Pleasant Hill and his wife daughter would qualify for Medicaid. ployer dropped early retirees from the purchased plans through their em- He submitted three applications that company policy. ployer. Again, they experienced price they said they never received. After 2 He did not feel comfortable submit- increases without added benefits and in months they asked him for additional ting his information to healthcare.gov, fact with less benefits than they had information about his daughter, in- he says, for security reasons. By the before.

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1536 CONGRESSIONAL RECORD — SENATE March 12, 2014 There is one letter after another Court for the District of Utah. The of the Michigan Department of Civil coming to our office in various ways ABA Standing Committee on the Fed- Rights, 2003–2008, as Director of Devel- every day. I could stand here and read eral Judiciary unanimously rated opment at the Detroit Institute of them for a long time, but if I read the Judge McHugh ‘‘Well Qualified’’ to Arts, 2000–2003, as Executive Assistant clock correctly, I think my time is out serve on the U.S. Circuit Court of Ap- United States Attorney in the U.S. At- and we are ready to move on to other peals for the 10th Circuit, its highest torney’s Office in the Eastern District business. rating. She has the support of her of Michigan, 1994–2000, in private prac- f home state senators, Senator HATCH tice at Dickinson Wright as associate and Senator LEE. attorney, 1989–1992, and partner from NOMINATIONS Matthew Leitman is nominated to (1992–1994), and as a staff attorney to Mr. LEAHY. Mr. President, the last fill a judicial emergency vacancy in the United States Environmental Pro- two days, we have spent unnecessary the Eastern District of Michigan. He tection Agency, 1985–1989. She earned floor time overcoming procedural ob- has worked in private practice for al- her J.D. from George Washington Uni- stacles so that we can vote to confirm most 20 years, including as senior prin- versity Law School in 1983. Following the five judicial nominations before us cipal, 2005–present, and senior counsel, graduation from law school, she served today. Every single one of the nomi- 2004, at Miller, Canfield, Paddock, and as a law clerk to Judge William S. nees that we will vote on today has bi- Stone, P.L.C, and as Partner, 2000–2004, Thompson of the District of Columbia partisan support and will be confirmed and Associate, 1994–1999, at Miro, Wei- Superior Court, 1983–1985. by significant margins. Judge Carolyn ner, & Kramer, P.C. He earned his J.D., All four of the district court nomi- McHugh was nominated last May, magna cum laude, from Harvard Law nees have the support of their home while all four nominees to the Eastern School in 1993. Following his gradua- state senators—Senator LEVIN and Sen- District of Michigan were nominated tion from law school, he served as a ator STABENOW. I hope my fellow sen- last July. All of these nominees could law clerk to Justice Charles L. Levin of ators will join me today to confirm and should have been confirmed before the Michigan Supreme Court. The ABA these nominees so that they can begin we adjourned last year. Instead, be- Standing Committee on the Federal working on behalf of the American peo- cause Republicans refused to consent Judiciary unanimously rated Mr. ple. to hold these nominations in the Sen- Leitman ‘‘Well Qualified’’ to serve on Mr. LEVIN. Mr. President, considerate, and every single one had to be re- the U.S. District Court for the Eastern ation of judicial nominees is among the turned to the President at the end of District of Michigan, its highest rat- most important duties of the Senate. I last year. They then had to be re-nomi- ing. am pleased that four, well-qualified nated and re-processed through Com- Judith Levy is nominated to fill a ju- nominees to the U.S. District Court for mittee this year and were all reported dicial emergency vacancy in the East- the Eastern District of Michigan will out with bipartisan support on January ern District of Michigan. She has now be before the Senate, and I urge 16, 2014. served since 2000 as an Assistant U.S. my colleagues to confirm them. Each We have not had a vote on a judicial Attorney in the Eastern District of of them has demonstrated a commit- nomination this year that was not sub- Michigan, where she has served as the ment to impartial justice and a thor- jected to a Republican filibuster. I ap- Chief of the Civil Rights Unit since ough knowledge of the law. Each was preciate very much the two Republican 2010. She has also worked as an Adjunct recommended by an independent senators, Senator COLLINS and Senator Professor of Law at the University of screening committee that Senator STA- MURKOWSKI, who have voted each time Michigan Law School, 2005–present, BENOW and I have formed. It is broadly to end the filibuster of judicial nomi- and as a trial attorney for the United based and chaired by one of Michigan’s nees. For other Republican senators, States Equal Employment Opportunity truly outstanding lawyers, Eugene however, I have started to notice a pat- Commission, 1999–2000. She earned her Driker. tern of voting to end filibusters only if J.D., cum laude, from Michigan Law Each of the nominees has a distin- a nominee is from a state with at least School in 1996. Following her gradua- guished background. Matthew Leitman one Republican home state Senator. tion from law school, she served as a served as a clerk to Justice Charles Most recently this happened earlier law clerk to Judge Bernard Friedman Levin on the Michigan Supreme Court this week on the cloture vote for Judge of the U.S. District Court for the East- and has extensive experience in private McHugh with nine Republicans voting ern of District of Michigan, 1996–1999. practice, focusing on complex commer- to end the filibuster. It should not re- Judge Laurie Michelson is nominated cial litigation, criminal defense, and quire a judicial nominee to be from a to fill a vacancy in the Eastern Dis- appellate litigation. He has argued be- state with one or more Republican trict of Michigan. She has served since fore State and Federal trial courts, as home state senators for some senators 2011 as a U.S. Magistrate Judge in the well as numerous appeals before State to do the right thing. Filling vacancies Eastern District of Michigan. Prior to and Federal appellate courts, and has so that our Federal judiciary can be her judicial service, she worked in pri- written a number of influential journal fully functioning should not be a par- vate practice for 18 years at Butzel articles on important aspects of State tisan issue. Long as an associate, 1993–2000, and and Federal law such as immigration Today, we will finally vote to con- subsequently as a shareholder, 2000– and fraud enforcement. He has on firm the following nominees: 2011. She has also served for 3 years as many occasions been recognized by his Judge Carolyn McHugh has been an Adjunct Professor at Oakland Uni- peers as one of the most effective and nominated to fill a vacancy in the versity, 2003–2006. She earned her J.D. knowledgeable litigators in our State. Tenth Circuit Court of Appeals. She from Northwestern University Law He is also dedicated to public service. has served since 2005 as a judge on the School in 1992. Following her gradua- He has been a pro bono honoree for the Utah Court of Appeals and as the Pre- tion from law school, she served as a Eastern District of Michigan every siding Judge of that court since 2012. law clerk to Judge Cornelia G. Ken- year since 2008. She previously worked in private prac- nedy of the U.S. Court of Appeals for Judith Ellen Levy worked in private tice at Parr Brown Gee & Loveless as the Sixth Circuit. The ABA Standing practice and as a trial attorney for the an Associate, 1983–1987, and subse- Committee on the Federal Judiciary U.S. Equal Employment Opportunity quently as a Shareholder, 1987–2005. unanimously rated Mr. Leitman ‘‘Well Commission in Detroit. She has con- She has served as an Adjunct Professor Qualified’’ to serve on the U.S. District ducted research and taught classes and at the University of Utah Law School Court for the Eastern District of Michi- seminars at the University of Michi- and at the University of Utah College gan, its highest rating. gan. Since 2000, she has served as an as- of Social and Behavioral Science. Judge Linda Parker is nominated to sistant U.S. attorney and Civil Rights Judge McHugh earned her J.D., Order fill a vacancy in the Eastern District of Unit chief in the U.S. Attorney’s Office of the Coif, from the University of Michigan. She has served since 2009 as in Detroit. There, she is responsible for Utah Law School in 1982. After law a circuit court judge on the Third Judi- investigating and litigating civil rights school, she clerked for Judge Bruce S. cial Circuit of Michigan. Prior to her cases on behalf of the United States, Jenkins of the United States District judicial service, she worked as director including fair housing, fair lending,

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1537 disability access, and police mis- to be United States Circuit Judge for The PRESIDING OFFICER. There conduct cases, and for handling citizen the Tenth Circuit. will now be 2 minutes of debate equally civil rights complaints addressed to the The PRESIDING OFFICER. Under divided prior to the vote on the nomi- office and conducting outreach regard- the previous order, there will now be 2 nation. ing a variety of office programs. minutes of debate equally divided prior Mr. REID. Madam President, I yield Ms. Levy has also received numerous to a vote on the McHugh nomination. back the remaining time. awards for her dedication to commu- All time has expired. The PRESIDING OFFICER. Without nity service, including several Depart- The question is, Will the Senate ad- objection, all time is yielded back. ment of Justice Civil Rights Division vise and consent to the nomination of The question is, Will the Senate ad- Certificates of Commendation and an Carolyn B. McHugh, of Utah, to be vise and consent to the nomination of award from the University of Michigan United States Circuit Judge for the Matthew Frederick Leitman, of Michi- Council for Disability Concerns. Tenth Circuit? gan, to be United States District Judge Judge Laurie J. Michelson served as Mr. FLAKE. Madam President, I ask for the Eastern District of Michigan? law clerk to the Honorable Cornelia G. for the yeas and nays. Mr. CHAMBLISS. Madam President, Kennedy of the U.S. Court of Appeals, The PRESIDING OFFICER. Is there a I ask for the yeas and nays. Sixth Circuit and then for nearly 18 sufficient second? The PRESIDING OFFICER. Is there a years worked in private practice in the There appears to be a sufficient sec- sufficient second? areas of white-collar criminal defense ond. There appears to be a sufficient sec- and media and intellectual property There is a sufficient second. ond. law. She was sworn in as a magistrate The clerk will call the roll. The clerk will call the roll. The legislative clerk called the roll. judge for the Eastern District of Michi- The assistant legislative clerk called The PRESIDING OFFICER. Are there gan in February 2011. the roll. any other Senators in the Chamber de- In private practice and as a mag- Mr. DURBIN. I announce that the siring to vote? istrate judge, Judge Michelson has ably Mr. DURBIN. I announce that the Senator from West Virginia (Mr. navigated some of the most complex Senator from West Virginia (Mr. ROCKEFELLER) is necessarily absent. areas of Federal law but has never lost Mr. CORNYN. The following Senator ROCKEFELLER) is necessarily absent. sight of the fact that the law has a Mr. CORNYN. The following Senator is necessarily absent: the Senator from human impact. is necessarily absent: the Senator from Florida (Mr. RUBIO). Judge Linda Vivienne Parker served The PRESIDING OFFICER. Are there Florida (Mr. RUBIO). as the director of the Michigan Depart- The result was announced—yeas 98, any other Senators in the Chamber de- ment of Civil Rights from 2003 to 2008. nays 0, as follows: siring to vote? She also worked in private practice and [Rollcall Vote No. 67 Ex.] The result was announced—yeas 98, served as the first executive assistant nays 0, as follows: YEAS—98 U.S. attorney for the Eastern District [Rollcall Vote No. 68 Ex.] of Michigan under U.S. attorney Saul Alexander Franken Moran Ayotte Gillibrand Murkowski YEAS—98 A. Green from 1994 to 2000. In 2008, she Baldwin Graham Murphy Alexander Franken Moran was appointed to the Third Judicial Barrasso Grassley Murray Ayotte Gillibrand Murkowski Circuit Court in Wayne County. In ad- Begich Hagan Nelson Baldwin Graham Murphy Bennet Harkin Paul Barrasso Grassley Murray dition to her criminal docket, Judge Blumenthal Hatch Portman Begich Hagan Nelson Parker serves as a judge in the Adult Blunt Heinrich Pryor Bennet Harkin Paul Booker Heitkamp Drug Treatment Court. Reed Blumenthal Hatch Portman Boozman Heller Judge Parker has dedicated her legal Reid Blunt Heinrich Pryor Boxer Hirono Risch Booker Heitkamp career to public service and has com- Brown Hoeven Reed Roberts Boozman Heller mitted a great deal of time to serving Burr Inhofe Reid Sanders Boxer Hirono Risch and advocating for homeless families Cantwell Isakson Brown Hoeven Schatz Roberts Cardin Johanns Burr Inhofe and teenage mothers. She served as the Schumer Sanders Carper Johnson (SD) Cantwell Isakson Chair of New Steps, an organization Scott Schatz Casey Johnson (WI) Cardin Johanns Sessions Schumer committed to providing services for Chambliss Kaine Carper Johnson (SD) Coats King Shaheen Scott economically disadvantaged new moth- Shelby Casey Johnson (WI) Coburn Kirk Chambliss Kaine Sessions ers in substance abuse recovery. Cochran Klobuchar Stabenow Shaheen Each of these nominees knows the Tester Coats King Collins Landrieu Coburn Kirk Shelby Thune law and is ready to bear the respon- Coons Leahy Cochran Klobuchar Stabenow Toomey Corker Lee Collins Landrieu Tester sibilities of a Federal judge. I urge my Udall (CO) Cornyn Levin Coons Leahy Thune colleagues to confirm their nomina- Udall (NM) Crapo Manchin Corker Lee Toomey Vitter tions so they can begin serving the peo- Cruz Markey Cornyn Levin Udall (CO) ple of the Eastern District of Michigan. Donnelly McCain Walsh Crapo Manchin Udall (NM) I would yield the floor. Durbin McCaskill Warner Cruz Markey Vitter Enzi McConnell Warren Donnelly McCain Walsh f Feinstein Menendez Whitehouse Durbin McCaskill Warner Wicker CONCLUSION OF MORNING Fischer Merkley Enzi McConnell Warren Flake Mikulski Wyden Whitehouse BUSINESS Feinstein Menendez NOT VOTING—2 Fischer Merkley Wicker THE PRESIDING OFFICER (Ms. Flake Mikulski Wyden Rockefeller Rubio HEITKAMP). Morning business is closed. NOT VOTING—2 The nomination was confirmed. f Rockefeller Rubio f EXECUTIVE SESSION The nomination was confirmed. NOMINATION OF MATTHEW FRED- ERICK LEITMAN TO BE UNITED f NOMINATION OF CAROLYN B. STATES DISTRICT JUDGE FOR NOMINATION OF JUDITH ELLEN MCHUGH TO BE UNITED STATES THE EASTERN DISTRICT OF LEVY TO BE UNITED STATES CIRCUIT JUDGE FOR THE TENTH MICHIGAN DISTRICT JUDGE FOR THE EAST- CIRCUIT The PRESIDING OFFICER. Under ERN DISTRICT OF MICHIGAN The PRESIDING OFFICER. Under the previous order, the clerk will re- The PRESIDING OFFICER. Under the previous order, the Senate will pro- port the nomination. the previous order, the clerk will re- ceed to executive session to consider The assistant legislative clerk read port the Levy nomination. the following nomination, which the the nomination of Matthew Frederick The legislative clerk read the nomi- clerk will report. Leitman, of Michigan, to be United nation of Judith Ellen Levy, of Michi- The legislative clerk read the nomi- States District Judge for the Eastern gan, to be United States District Judge nation of Carolyn B. McHugh, of Utah, District of Michigan. for the Eastern District of Michigan.

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1538 CONGRESSIONAL RECORD — SENATE March 12, 2014 Mr. LEAHY. I yield back time. Laurie J. Michelson, of Michigan, to be Linda Vivienne Parker, of Michigan, to The PRESIDING OFFICER. Is there United States District Judge for the be United States District Judge for the objection? Eastern District of Michigan? Eastern District of Michigan? Without objection, all time is yielded Mr. COONS. I ask for the yeas and Mr. GRASSLEY. I ask for the yeas back. nays. and nays. The question is, Will the Senate ad- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there a vise and consent to the nomination of sufficient second? sufficient second? Judith Ellen Levy, of Michigan, to be There appears to be a sufficient sec- There appears to be a sufficient sec- United States District Judge for the ond. ond. Eastern District of Michigan? The yeas and nays were ordered. The clerk will call the roll. Mr. PAUL. I ask for the yeas and The clerk will call the roll. The bill clerk called the roll. nays. The assistant bill clerk called the Mr. DURBIN. I announce that the The PRESIDING OFFICER. Is there a roll. Senator from Alaska (Mr. BEGICH) and sufficient second? Mr. DURBIN. I announce that the the Senator from West Virginia (Mr. There appears to be a sufficient sec- Senator from West Virginia (Mr. ROCKEFELLER) are necessarily absent. ond. ROCKEFELLER) is necessarily absent. Mr. CORNYN. The following Senator The clerk will call the roll. Mr. CORNYN. The following Senator is necessarily absent: the Senator from The legislative clerk called the roll. is necessarily absent: the Senator from Florida (Mr. RUBIO). Mr. DURBIN. I announce that the Florida (Mr. RUBIO). The PRESIDING OFFICER (Ms. Senator from Nevada (Mr. REID) and The PRESIDING OFFICER. Are there BALDWIN). Are there any other Sen- the Senator from West Virginia (Mr. any other Senators in the Chamber de- ators in the Chamber desiring to vote? ROCKEFELLER) are necessarily absent. siring to vote? The result was announced—yeas 60, Mr. CORNYN. The following Senator The result was announced—yeas 98, nays 37, as follows: is necessarily absent: the Senator from nays 0, as follows: [Rollcall Vote No. 71 Ex.] Florida (Mr. RUBIO). YEAS—60 The PRESIDING OFFICER. Are there [Rollcall Vote No. 70 Ex.] YEAS—98 Baldwin Grassley Mikulski any other Senators in the Chamber de- Bennet Hagan Murphy siring to vote? Alexander Franken Moran Blumenthal Harkin Murray The result was announced—yeas 97, Ayotte Gillibrand Murkowski Booker Hatch Nelson Baldwin Graham nays 0, as follows: Murphy Boxer Heinrich Pryor Barrasso Grassley Murray Brown Heitkamp Reed [Rollcall Vote No. 69 Ex.] Begich Hagan Nelson Cantwell Hirono Reid YEAS—97 Bennet Harkin Paul Cardin Johnson (SD) Sanders Blumenthal Hatch Portman Carper Kaine Schatz Alexander Franken Moran Blunt Heinrich Pryor Casey King Schumer Ayotte Gillibrand Murkowski Booker Heitkamp Reed Chambliss Kirk Shaheen Baldwin Graham Murphy Boozman Heller Reid Coats Klobuchar Stabenow Barrasso Grassley Murray Boxer Hirono Collins Landrieu Tester Begich Hagan Risch Nelson Brown Hoeven Coons Leahy Udall (CO) Bennet Harkin Roberts Paul Burr Inhofe Corker Levin Udall (NM) Blumenthal Hatch Sanders Portman Cantwell Isakson Donnelly Manchin Walsh Blunt Heinrich Schatz Pryor Cardin Johanns Durbin Markey Warner Booker Heitkamp Schumer Reed Carper Johnson (SD) Feinstein McCaskill Warren Boozman Heller Scott Risch Casey Johnson (WI) Franken Menendez Whitehouse Boxer Hirono Sessions Roberts Chambliss Kaine Gillibrand Merkley Wyden Brown Hoeven Coats King Shaheen Sanders Burr Inhofe Coburn Kirk Shelby NAYS—37 Cantwell Isakson Schatz Stabenow Cochran Klobuchar Alexander Flake Paul Cardin Johanns Schumer Tester Collins Landrieu Ayotte Graham Carper Johnson (SD) Scott Thune Portman Coons Leahy Barrasso Heller Casey Johnson (WI) Sessions Toomey Risch Corker Lee Blunt Hoeven Chambliss Kaine Shaheen Udall (CO) Roberts Cornyn Levin Boozman Inhofe Coats King Shelby Udall (NM) Scott Crapo Manchin Burr Isakson Coburn Kirk Stabenow Vitter Sessions Cruz Markey Coburn Johanns Cochran Klobuchar Tester Walsh Shelby Donnelly McCain Cochran Johnson (WI) Collins Landrieu Warner Thune Thune Durbin McCaskill Cornyn Lee Coons Leahy Toomey Toomey Enzi McConnell Warren Crapo McCain Corker Lee Vitter Udall (CO) Feinstein Menendez Whitehouse Cruz McConnell Cornyn Levin Wicker Udall (NM) Fischer Merkley Wicker Enzi Moran Crapo Manchin Vitter Flake Mikulski Wyden Fischer Murkowski Cruz Markey Walsh Donnelly McCain NOT VOTING—2 Warner NOT VOTING—3 Durbin McCaskill Warren Rockefeller Rubio Enzi McConnell Begich Rockefeller Rubio Feinstein Menendez Whitehouse The nomination was confirmed. Wicker The nomination was confirmed. Fischer Merkley f The PRESIDING OFFICER. The Sen- Flake Mikulski Wyden ator from Iowa. NOT VOTING—3 NOMINATION OF LINDA VIVIENNE PARKER TO BE UNITED STATES Mr. HARKIN. Madam President, I Reid Rockefeller Rubio DISTRICT JUDGE FOR THE EAST- ask unanimous consent that with re- The nomination was confirmed. ERN DISTRICT OF MICHIGAN spect to the nominations confirmed f today, the motions to reconsider be The PRESIDING OFFICER. Under considered made and laid upon the NOMINATION OF LAURIE J. the previous order, the clerk will re- table and the President be immediately MICHELSON TO BE UNITED port the Parker nomination. notified of the Senate’s action. STATES DISTRICT COURT JUDGE The bill clerk read the nomination of The PRESIDING OFFICER. Is there FOR THE EASTERN DISTRICT OF Linda Vivienne Parker, of Michigan, to objection? MICHIGAN be United States District Judge for the Without objection, it is so ordered. The PRESIDING OFFICER. There Eastern District of Michigan. f will now be 2 minutes of debate prior to The PRESIDING OFFICER. There NOMINATION OF SARAH BLOOM the nomination. will now be 2 minutes of debate equally Mr. LEVIN. I ask unanimous consent divided prior to the vote. RASKIN TO BE DEPUTY SEC- that the time be yielded back. Mr. LEAHY. Madam President, I RETARY OF THE TREASURY The PRESIDING OFFICER. Without yield back all time. The PRESIDING OFFICER. Under objection, it is so ordered. The PRESIDING OFFICER. Without the previous order, the clerk will re- All time is yielded back. objection, all time is yielded back. port the Raskin nomination. The question is, Will the Senate ad- The question is, Will the Senate ad- The assistant bill clerk read the vise and consent to the nomination of vise and consent to the nomination of nomination of Sarah Bloom Raskin, of

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1539 Maryland, to be Deputy Secretary of gage in activities, in child care settings, that are ‘‘(E) CONSUMER EDUCATION INFORMATION.— the Treasury. developmentally appropriate and age-appro- The plan shall include a certification that the The PRESIDING OFFICER. There priate for the children and that promote chil- State will collect and disseminate (which dis- will now be 2 minutes of debate equally dren’s language and literacy and mathematics semination may be done, except as otherwise skills, social and emotional development, phys- specified in this subparagraph, through resource divided prior to a vote on confirmation. ical health and development, and approaches to and referral organizations or other means as de- Mr. HARKIN. Madam President, I learning; termined by the State) to parents of eligible chil- ask unanimous consent to yield back 2 ‘‘(6) to encourage States to provide consumer dren and the general public— minutes. education information to help parents make in- ‘‘(i) information that will promote informed The PRESIDING OFFICER. Without formed choices about child care services and to child care choices and that concerns— objection, it is so ordered. promote involvement by parents and family ‘‘(I) the availability of child care services pro- members in the education of their children in vided through programs authorized under this Mr. ALEXANDER. Madam President, subchapter and, if feasible, other child care I yield back our time. child care settings; ‘‘(7) to increase the number and percentage of services and other programs provided in the The PRESIDING OFFICER. All time low-income children in high-quality child care State for which the family may be eligible; is yielded back. settings; and ‘‘(II) if available, information about the qual- The question is, Will the Senate ad- ‘‘(8) to improve the coordination and delivery ity of providers, including information from a vise and consent to the nomination of of early childhood education and care (includ- Quality Rating and Improvement System; ‘‘(III) information, made available through a ing child care).’’. Sarah Bloom Raskin, of Maryland, to State website, describing the State process for li- be Deputy Secretary of the Treasury? SEC. 3. AUTHORIZATION OF APPROPRIATIONS. censing child care providers, the State processes The nomination was confirmed. Section 658B of the Child Care and Develop- for conducting background checks, and moni- The PRESIDING OFFICER. Under ment Block Grant Act of 1990 (42 U.S.C. 9858) is toring and inspections, of child care providers, the previous order, the motion to re- amended by striking ‘‘subchapter’’ and all that and the offenses that prevent individuals and consider is considered made and laid follows, and inserting ‘‘subchapter, such sums entities from serving as child care providers in as may be necessary for each of fiscal years 2015 the State; upon the table. through 2020.’’. The President will be immediately ‘‘(IV) the availability of assistance to obtain SEC. 4. LEAD AGENCY. child care services; notified of the Senate’s action. (a) DESIGNATION.—Section 658D(a) of the ‘‘(V) other programs for which families that f Child Care and Development Block Grant Act of receive child care services for which financial assistance is provided in accordance with this LEGISLATIVE SESSION 1990 (42 U.S.C. 9858b(a)) is amended— (1) by striking ‘‘chief executive officer’’ and subchapter may be eligible, including the pro- inserting ‘‘Governor’’; and gram of block grants to States for temporary as- (2) by striking ‘‘designate’’ and all that fol- sistance for needy families established under CHILD CARE AND DEVELOPMENT lows and inserting ‘‘designate an agency (which part A of title IV of the Social Security Act (42 BLOCK GRANT ACT OF 2014 may be an appropriate collaborative agency), or U.S.C. 601 et seq.), Head Start and Early Head The PRESIDING OFFICER. Under establish a joint interagency office, that com- Start programs carried out under the Head Start the previous order, the Senate will re- plies with the requirements of subsection (b) to Act (42 U.S.C. 9831 et seq.), the program carried serve as the lead agency for the State under this out under the Low-Income Home Energy Assist- sume legislative session and proceed to ance Act of 1981 (42 U.S.C. 8621 et seq.), the sup- consideration of S. 1086, which the subchapter.’’. (b) COLLABORATION WITH TRIBES.—Section plemental nutrition assistance program estab- clerk will report. 658D(b)(1) of the Child Care and Development lished under the Food and Nutrition Act of 2008 The bill clerk read as follows: Block Grant Act of 1990 (42 U.S.C. 9858b(b)(1)) is (7 U.S.C. 2011 et seq.), the special supplemental A bill (S. 1086) to reauthorize and improve amended— nutrition program for women, infants, and chil- the Child Care and Development Block Grant (1) in subparagraph (C), by striking ‘‘and’’ at dren established under section 17 of the Child Act of 1990, and for other purposes. the end; Nutrition Act of 1966 (42 U.S.C. 1786), the child and adult care food program established under The Senate proceeded to consider the (2) in subparagraph (D), by striking the period and inserting ‘‘; and’’; and section 17 of the Richard B. Russell National bill which had been reported from the (3) by adding at the end the following: School Lunch Act (42 U.S.C. 1766), and the Committee on Health, Education, ‘‘(E) at the option of an Indian tribe or tribal Medicaid and State children’s health insurance Labor, and Pensions, with an amend- organization in the State, collaborate and co- programs under titles XIX and XXI of the So- ment to strike all after the enacting ordinate with such Indian tribe or tribal organi- cial Security Act (42 U.S.C. 1396 et seq., 1397aa clause and insert in lieu thereof the zation in the development of the State plan.’’. et seq.); ‘‘(VI) programs carried out under section 619 following: SEC. 5. APPLICATION AND PLAN. and part C of the Individuals with Disabilities S. 1086 (a) PERIOD.—Section 658E(b) of the Child Care Education Act (20 U.S.C. 1419, 1431 et seq.); and and Development Block Grant Act of 1990 (42 SECTION 1. SHORT TITLE. ‘‘(VII) research and best practices concerning U.S.C. 9858c(b)) is amended, by striking ‘‘2- This Act may be cited as the ‘‘Child Care and children’s development, including language and year’’ and inserting ‘‘3-year’’. Development Block Grant Act of 2014’’. cognitive development, development of early (b) POLICIES AND PROCEDURES.—Section language and literacy and mathematics skills, SEC. 2. SHORT TITLE AND PURPOSES. 658E(c) of the Child Care and Development social and emotional development, meaningful Section 658A of the Child Care and Develop- Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is parent and family engagement, and physical ment Block Grant Act of 1990 (42 U.S.C. 9801 amended— health and development (particularly healthy note) is amended to read as follows: (1) in paragraph (1), by inserting ‘‘or estab- eating and physical activity); ‘‘SEC. 658A. SHORT TITLE AND PURPOSES. lished’’ after ‘‘designated’’; ‘‘(ii) information on developmental screenings, ‘‘(a) SHORT TITLE.—This subchapter may be (2) in paragraph (2)— including— cited as the ‘Child Care and Development Block (A) in subparagraph (B), by inserting a ‘‘(I) information on existing (as of the date of Grant Act of 1990’. comma after ‘‘care of such providers’’; submission of the application containing the ‘‘(b) PURPOSES.—The purposes of this sub- (B) by striking subparagraphs (D) through plan) resources and services the State can de- chapter are— (H); and ploy, including the coordinated use of the Early ‘‘(1) to allow each State maximum flexibility (C) by adding at the end the following: and Periodic Screening, Diagnosis, and Treat- in developing child care programs and policies ‘‘(D) MONITORING AND INSPECTION REPORTS.— ment program under the Medicaid program car- that best suit the needs of children and parents The plan shall include a certification that the ried out under title XIX of the Social Security within that State; State, not later than 1 year after the State has Act (42 U.S.C. 1396 et seq.) and developmental ‘‘(2) to promote parental choice to empower in effect the policies and practices described in screening services available under section 619 working parents to make their own decisions re- subparagraph (K)(i), will make public by elec- and part C of the Individuals with Disabilities garding the child care that best suits their fam- tronic means, in a consumer-friendly and easily Education Act (20 U.S.C. 1419, 1431 et seq.), in ily’s needs; accessible format, organized by provider, the re- conducting developmental screenings and pro- ‘‘(3) to assist States in providing high-quality sults of monitoring and inspection reports, in- viding referrals to services, when appropriate, child care services to parents trying to achieve cluding those due to major substantiated com- for children who receive assistance under this independence from public assistance; plaints about failure to comply with this sub- subchapter; and ‘‘(4) to assist States in improving the overall chapter and State child care policies, as well as ‘‘(II) a description of how a family or eligible quality of child care services and programs by the number of deaths, serious injuries, and in- child care provider may utilize the resources and implementing the health, safety, licensing, stances of substantiated child abuse that oc- services described in subclause (I) to obtain de- training, and oversight standards established in curred in child care settings each year, for eligi- velopmental screenings for children who receive this subchapter and in State law (including reg- ble child care providers within the State. The re- assistance under this subchapter who may be at ulations); sults shall also include information on the date risk for cognitive or other developmental delays, ‘‘(5) to improve school readiness by having of such an inspection and, where applicable, in- which may include social, emotional, physical, children, families, and child care providers en- formation on corrective action taken. or linguistic delays; and

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 6333 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1540 CONGRESSIONAL RECORD — SENATE March 12, 2014 ‘‘(iii) information, for parents receiving assist- Education and Care, and may engage institu- ‘‘(ii) may include requirements relating to nu- ance under the program of block grants to tions of higher education (as defined in section trition, access to physical activity, or any other States for temporary assistance for needy fami- 102 of the Higher Education Act of 1965 (20 subject area determined by the State to be nec- lies under part A of title IV of the Social Secu- U.S.C. 1002)), and other training providers in essary to promote child development or to pro- rity Act (42 U.S.C. 601 et seq.) and low-income aligning training opportunities with the State’s tect children’s health and safety. parents, about eligibility for assistance provided training framework. ‘‘(J) COMPLIANCE WITH STATE AND LOCAL in accordance with this subchapter. ‘‘(v) CREDENTIALS.—The Secretary shall not HEALTH AND SAFETY REQUIREMENTS.—The plan ‘‘(F) COMPLIANCE WITH STATE LICENSING RE- require an individual or entity that provides shall include a certification that procedures are QUIREMENTS.— child care services for which assistance is pro- in effect to ensure that child care providers ‘‘(i) IN GENERAL.—The plan shall include a vided in accordance with this subchapter to ac- within the State, that provide services for which certification that the State involved has in effect quire a credential to provide such services. assistance is made available in accordance with licensing requirements applicable to child care Nothing in this section shall be construed to this subchapter, comply with all applicable services provided within the State, and provide prohibit a State from requiring a credential. State and local health and safety requirements a detailed description of such requirements and ‘‘(H) CHILD-TO-PROVIDER RATIO STANDARDS.— as described in subparagraph (I). of how such requirements are effectively en- ‘‘(i) STANDARDS.—The plan shall describe ‘‘(K) ENFORCEMENT OF LICENSING AND OTHER forced. child care standards, for child care for which REGULATORY REQUIREMENTS.— ‘‘(ii) LICENSE EXEMPTION.—If the State uses assistance is made available in accordance with ‘‘(i) CERTIFICATION.—The plan shall include a funding received under this subchapter to sup- this subchapter, appropriate to the type of child certification that the State, not later than 2 port a child care provider that is exempt from care setting involved, that address— years after the date of enactment of the Child the corresponding licensing requirements de- ‘‘(I) group size limits for specific age popu- Care and Development Block Grant Act of 2014, scribed in clause (i), the plan shall include a de- lations; shall have in effect policies and practices, appli- scription stating why such licensing exemption ‘‘(II) the appropriate ratio between the num- cable to licensing or regulating child care pro- does not endanger the health, safety, or devel- ber of children and the number of providers, in viders that provide services for which assistance opment of children who receive services from terms of the age of the children in child care, as is made available in accordance with this sub- child care providers who are exempt from such determined by the State; and chapter and the facilities of those providers, requirements. ‘‘(III) required qualifications for such pro- that— ‘‘(iii) REQUESTS FOR RELIEF.—As described in viders. ‘‘(I) ensure that individuals who are hired as section 658I(d), a State may request relief from ‘‘(ii) CONSTRUCTION.—The Secretary may offer licensing inspectors in the State are qualified to a provision of Federal law other than this sub- guidance to States on child-to-provider ratios inspect those child care providers and facilities chapter that might conflict with a requirement described in clause (i) according to setting and and have received training in related health and of this subchapter, including a licensing re- age group but shall not require that States safety requirements, child development, child quirement. maintain specific child-to-provider ratios for abuse prevention and detection, program man- ‘‘(G) TRAINING REQUIREMENTS.— providers who receive assistance under this sub- agement, and relevant law enforcement; ‘‘(i) IN GENERAL.—The plan shall describe the chapter. ‘‘(II) require licensing inspectors (or qualified training requirements that are in effect within ‘‘(I) HEALTH AND SAFETY REQUIREMENTS.—The inspectors designated by the lead agency) of the State that are designed to enable child care plan shall include a certification that there are those child care providers and facilities to per- providers to promote the social, emotional, phys- in effect within the State, under State or local form inspections, with— ical, and cognitive development of children and law, requirements designed to protect the health ‘‘(aa) not less than 1 prelicensure inspection that are applicable to child care providers that and safety of children that are applicable to for compliance with health, safety, and fire provide services for which assistance is provided child care providers that provide services for standards, of each such child care provider and in accordance with this subchapter in the State. which assistance is made available in accord- facility in the State; and ‘‘(ii) REQUIREMENTS.—The plan shall provide ance with this subchapter. Such requirements— ‘‘(bb) not less than annually, an inspection an assurance that such training requirements— ‘‘(i) shall relate to matters including health (which shall be unannounced) of each such ‘‘(I) provide a set of workforce and com- and safety topics (including prevention of shak- child care provider and facility in the State for petency standards for child care providers that en baby syndrome and abusive head trauma) compliance with all child care licensing stand- provide services described in clause (i); consisting of— ards, which shall include an inspection for com- ‘‘(II) are developed in consultation with the ‘‘(I) the prevention and control of infectious pliance with health, safety, and fire standards State Advisory Council on Early Childhood diseases (including immunization) and the es- (although inspectors may or may not inspect for Education and Care (designated or established tablishment of a grace period that allows home- compliance with all 3 standards at the same pursuant to section 642B(b)(1)(A)(i) of the Head less children to receive services under this sub- time); and Start Act (42 U.S.C. 9837b(b)(1)(A)(i))); chapter while their families are taking any nec- ‘‘(III) require the ratio of licensing inspectors ‘‘(III) include an evidence-based training essary action to comply with immunization and to such child care providers and facilities in the framework that is designed to promote chil- other health and safety requirements; State to— dren’s learning and development and school ‘‘(II) handwashing and universal health pre- ‘‘(aa) be maintained at a level sufficient to en- readiness and to improve child outcomes, in- cautions; able the State to conduct inspections of such cluding school readiness; ‘‘(III) the administration of medication, con- child care providers and facilities on a timely ‘‘(IV) incorporate knowledge and application sistent with standards for parental consent; basis in accordance with Federal and State law; of the State’s early learning and developmental ‘‘(IV) the prevention of and response to emer- and guidelines (where applicable), and the State’s gencies due to food and other allergic reactions; ‘‘(bb) be consistent with research findings and child development and health standards; and ‘‘(V) prevention of sudden infant death syn- best practices. ‘‘(V) to the extent practicable, are appropriate drome and use of safe sleeping practices; ‘‘(ii) CONSTRUCTION.—The Secretary may offer for a population of children that includes— ‘‘(VI) sanitary methods of food handling; guidance to a State, if requested by the State, ‘‘(aa) different age groups (such as infants, ‘‘(VII) building and physical premises safety; on a research-based minimum standard regard- toddlers, and preschoolers); ‘‘(VIII) emergency preparedness and response ing ratios described in clause (i)(III) and pro- ‘‘(bb) English learners; planning for emergencies resulting from a nat- vide technical assistance to the State on meeting ‘‘(cc) children with disabilities; and ural disaster, or a man-caused event (such as vi- the minimum standard within a reasonable time ‘‘(dd) Native Americans, including Indians, as olence at a child care facility), within the mean- period, but shall not prescribe a particular ratio. the term is defined in section 4 of the Indian ing of those terms under section 602(a)(1) of the ‘‘(L) COMPLIANCE WITH CHILD ABUSE REPORT- Self-Determination and Education Assistance Robert T. Stafford Disaster Relief and Emer- ING REQUIREMENTS.—The plan shall include a Act (25 U.S.C. 450b) (including Alaska Natives gency Assistance Act (42 U.S.C. 5195a(a)(1)); certification that child care providers within the within the meaning of that term), and Native ‘‘(IX) the handling and storage of hazardous State will comply with the child abuse reporting Hawaiians (as defined in section 7207 of the Ele- materials and the appropriate disposal of bio- requirements of section 106(b)(2)(B)(i) of the mentary and Secondary Education Act of 1965 contaminants; Child Abuse Prevention and Treatment Act (42 (20 U.S.C. 7517)). ‘‘(X) identification of and protection from U.S.C. 5106a(b)(2)(B)(i)). ‘‘(iii) PROGRESSION OF PROFESSIONAL DEVEL- hazards that can cause bodily injury such as ‘‘(M) MEETING THE NEEDS OF CERTAIN POPU- OPMENT.—In developing the requirements, the electrical hazards, bodies of water, and vehic- LATIONS.—The plan shall describe how the State State shall develop a statewide progression of ular traffic; will develop and implement strategies (which professional development designed to improve ‘‘(XI) for providers that offer transportation, may include the provision of compensation at the skills and knowledge of the workforce— if applicable, appropriate precautions in trans- higher payment rates and bonuses to child care ‘‘(I) which may include the acquisition of porting children; providers, the provision of direct contracts or course credit in postsecondary education or of a ‘‘(XII) first aid and cardiopulmonary resus- grants to community-based organizations, or credential, aligned with the framework; and citation; and other means determined by the State) to increase ‘‘(II) which shall be accessible to providers ‘‘(XIII) minimum health and safety training, the supply and improve the quality of child care supported through Indian tribes or tribal orga- to be completed pre-service or during an orienta- for— nizations that receive assistance under this sub- tion period, appropriate to the provider setting ‘‘(i) children in underserved areas; chapter. involved that addresses each of the requirements ‘‘(ii) infants and toddlers; ‘‘(iv) ALIGNMENT.—The State shall engage the relating to matters described in subclauses (I) ‘‘(iii) children with disabilities, as defined by State Advisory Council on Early Childhood through (XII); and the State; and

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 6333 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1541 ‘‘(iv) children who receive care during non- ‘‘(V) State, Indian tribe or tribal organization, ‘‘(II) will be used as the primary or sole basis traditional hours. and locally funded early childhood education to provide a reward or sanction for an indi- ‘‘(N) PROTECTION FOR WORKING PARENTS.— and care programs; vidual provider; ‘‘(i) MINIMUM PERIOD.— ‘‘(VI) programs serving homeless children and ‘‘(III) will be used as the primary or sole ‘‘(I) 12-MONTH PERIOD.—The plan shall dem- services of local educational agency liaisons for method for assessing program effectiveness; or onstrate that each child who receives assistance homeless children and youths designated under ‘‘(IV) will be used to deny eligibility to par- under this subchapter in the State will be con- subsection (g)(1)(J)(ii) of section 722 of the ticipate in the program carried out under this sidered to meet all eligibility requirements for McKinney-Vento Homeless Assistance Act (42 subchapter. such assistance and will receive such assistance, U.S.C. 11432(g)(1)(J)(ii)); and ‘‘(iv) EXCEPTIONS.—Nothing in this sub- for not less than 12 months before the State re- ‘‘(VII) other Federal programs supporting chapter shall preclude the State from using a determines the eligibility of the child under this early childhood education and care activities, single assessment (if appropriate) for children subchapter, regardless of a temporary change in and, where applicable, child care programs for— the ongoing status of the child’s parent as work- funded through State veterans affairs offices. ‘‘(I) supporting learning or improving a class- ing or attending a job training or educational ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in room environment; program or a change in family income for the clause (i) shall be construed to affect the pri- ‘‘(II) targeting professional development to a child’s family, if that family income does not ex- ority of children described in clause (i) to re- provider; ceed 85 percent of the State median income for ceive full-day prekindergarten or Head Start ‘‘(III) determining the need for health, mental a family of the same size. program services. health, disability, developmental delay, or fam- ‘‘(II) FLUCTUATIONS IN EARNINGS.—The plan ‘‘(P) PUBLIC-PRIVATE PARTNERSHIPS.—The ily support services; shall demonstrate how the State’s processes for plan shall demonstrate how the State encour- ‘‘(IV) obtaining information for the quality initial determination and redetermination of ages partnerships among State agencies, other improvement process at the State level; or such eligibility take into account irregular fluc- public agencies, Indian tribes and tribal organi- ‘‘(V) conducting a program evaluation for the tuations in earnings. zations, and private entities to leverage existing purposes of providing program improvement and ‘‘(ii) REDETERMINATION PROCESS.—The plan service delivery systems (as of the date of the parent information. O FEDERAL CONTROL.—Nothing in this shall describe the procedures and policies that submission of the application containing the ‘‘(v) N section shall be construed to authorize an offi- are in place to ensure that working parents (es- plan) for early childhood education and care cer or employee of the Federal Government to— pecially parents in families receiving assistance and to increase the supply and quality of child ‘‘(I) mandate, direct, or control a State’s early under the program of block grants to States for care services for children who are less than 13 learning and developmental guidelines, devel- temporary assistance for needy families under years of age, such as by implementing voluntary oped in accordance with this section; part A of title IV of the Social Security Act (42 shared services alliance models. U.S.C. 601 et seq.)) are not required to unduly ‘‘(II) establish any criterion that specifies, de- ‘‘(Q) PRIORITY FOR LOW-INCOME POPU- disrupt their employment in order to comply fines, or prescribes the standards or measures LATIONS.—The plan shall describe the process that a State uses to establish, implement, or im- with the State’s requirements for redetermina- the State proposes to use, with respect to invest- prove— tion of eligibility for assistance provided in ac- ments made to increase access to programs pro- ‘‘(aa) early learning and developmental guide- cordance with this subchapter. viding high-quality early childhood education ‘‘(iii) PERIOD BEFORE TERMINATION.—At the lines, or early learning standards, assessments, and care, to give priority for those investments option of the State, the plan shall demonstrate or accountability systems; or to children of families in areas that have signifi- that the State will not terminate assistance pro- ‘‘(bb) alignment of early learning and devel- cant concentrations of poverty and unemploy- vided to carry out this subchapter based on a opmental guidelines with State standards for ment and that do not have such programs. factor consisting of a parent’s loss of work or education in kindergarten through grade 3; or ‘‘(R) CONSULTATION.—The plan shall include cessation of attendance at a job training or edu- ‘‘(III) require a State to submit such stand- a certification that the State has developed the cational program for which the family was re- ards or measures for review.’’; plan in consultation with the State Advisory ceiving the assistance, without continuing the (3) in paragraph (3)— Council on Early Childhood Education and assistance for a reasonable period of time, of not (A) in subparagraph (A), by striking ‘‘as re- Care designated or established pursuant to sec- less than 3 months, after such loss or cessation quired under’’ and inserting ‘‘in accordance tion 642B(b)(1)(A)(i) of the Head Start Act (42 in order for the parent to engage in a job search with’’; U.S.C. 9837b(b)(1)(A)(i)). and resume work, or resume attendance at a job (B) in subparagraph (B)— ‘‘(S) PAYMENT PRACTICES.—The plan shall in- training or educational program, as soon as pos- (i) by striking ‘‘The State’’ and inserting the clude a certification that the payment practices sible. following: of child care providers in the State that serve ‘‘(iv) GRADUATED PHASEOUT OF CARE.—The ‘‘(i) IN GENERAL.—The State’’; plan shall describe the policies and procedures children who receive assistance under this sub- (ii) by striking ‘‘and any other activity that that are in place to allow for provision of con- chapter reflect generally accepted payment the State deems appropriate to realize any of the tinued assistance to carry out this subchapter, practices of child care providers in the State goals specified in paragraphs (2) through (5) of at the beginning of a new eligibility period that serve children who do not receive assist- section 658A(b)’’ and inserting ‘‘activities that under clause (i)(I), for children of parents who ance under this subchapter, so as to provide sta- improve access to child care services, including are working or attending a job training or edu- bility of funding and encourage more child care use of procedures to permit immediate enroll- cational program and whose family income ex- providers to serve children who receive assist- ment (after the initial eligibility determination ceeds the State’s income limit to initially qualify ance under this subchapter. and after a child is determined to be eligible) of for such assistance, if the family income for the ‘‘(T) EARLY LEARNING AND DEVELOPMENTAL homeless children while required documentation family involved does not exceed 85 percent of the GUIDELINES.— is obtained, training and technical assistance on State median income for a family of the same ‘‘(i) IN GENERAL.—The plan shall include an identifying and serving homeless children and size. assurance that the State will develop or imple- their families, and specific outreach to homeless ‘‘(O) COORDINATION WITH OTHER PROGRAMS.— ment early learning and developmental guide- families, and any other activity that the State ‘‘(i) IN GENERAL.—The plan shall describe how lines that are appropriate for children from determines to be appropriate to meet the pur- the State, in order to expand accessibility and birth through entry into kindergarten, describ- poses of this subchapter (which may include an continuity of quality early childhood education ing what such children should know and be able activity described in clause (ii))’’; and and care, and assist children enrolled in pre- to do, and covering the essential domains of (iii) by adding at the end the following: kindergarten, Early Head Start, or Head Start early childhood education and care and early ‘‘(ii) CHILD CARE RESOURCE AND REFERRAL programs to receive full-day services, will co- childhood development for use statewide by SYSTEM.— ordinate the services supported to carry out this child care providers. Such child care providers ‘‘(I) IN GENERAL.—A State may use amounts subchapter with— shall— described in clause (i) to establish or support a ‘‘(I) programs carried out under the Head ‘‘(I) be licensed or regulated under State law; system of local or regional child care resource Start Act (42 U.S.C. 9831 et seq.), including the and and referral organizations that is coordinated, Early Head Start programs carried out under ‘‘(II) not be a relative of all children for whom to the extent determined appropriate by the section 645A of that Act (42 U.S.C. 9840a); the provider provides child care services. State, by a statewide public or private non- ‘‘(II) programs carried out under part A of ‘‘(ii) ALIGNMENT.—The guidelines shall be re- profit, community-based or regionally based, title I, and part B of title IV, of the Elementary search-based, developmentally appropriate, and lead child care resource and referral organiza- and Secondary Education Act of 1965 (20 U.S.C. aligned with State standards for education in tion. 6311 et seq., 7171 et seq.); kindergarten through grade 3. ‘‘(II) LOCAL OR REGIONAL ORGANIZATIONS.— ‘‘(III) programs carried out under section 619 ‘‘(iii) PROHIBITION ON USE OF FUNDS.—The The local or regional child care resource and re- and part C of the Individuals with Disabilities plan shall include an assurance that funds referral organizations supported as described in Education Act (20 U.S.C. 1419, 1431 et seq.); ceived by the State to carry out this subchapter subclause (I) shall— ‘‘(IV) the maternal, infant, and early child- will not be used to develop or implement an as- ‘‘(aa) provide parents in the State with con- hood home visiting programs authorized under sessment for children that— sumer education information referred to in section 511 of the Social Security Act (42 U.S.C. ‘‘(I) will be the sole basis for a child care pro- paragraph (2)(E) (except as otherwise provided 711), as added by section 2951 of the Patient vider being determined to be ineligible to partici- in that paragraph), concerning the full range of Protection and Affordable Care Act (Public Law pate in the program carried out under this sub- child care options, analyzed by provider, includ- 111–148); chapter; ing child care provided during nontraditional

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 6333 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1542 CONGRESSIONAL RECORD — SENATE March 12, 2014 hours and through emergency child care cen- ance is provided in accordance with this sub- ceeding fiscal year, to carry out the activities ters, in their political subdivisions or regions; chapter— described in paragraph (1) and subsection (b)(4), ‘‘(bb) to the extent practicable, work directly ‘‘(I) in accordance with the results of the mar- as such activities relate to the quality of care for with families who receive assistance under this ket rates survey conducted pursuant to clause infants and toddlers. subchapter to offer the families support and as- (i); ‘‘(b) ACTIVITIES.—Funds reserved under sub- sistance, using information described in item ‘‘(II) taking into consideration the cost of pro- section (a) shall be used to carry out not fewer (aa), to make an informed decision about which viding higher quality child care services than than 2 of the following activities: child care providers they will use, in an effort to were provided under this subchapter before the ‘‘(1) Supporting the training, professional de- ensure that the families are enrolling their chil- date of enactment of the Child Care and Devel- velopment, and professional advancement of the dren in high-quality care; opment Block Grant Act of 2014; and child care workforce through activities such ‘‘(cc) collect and analyze data on the coordi- ‘‘(III) without, to the extent practicable, re- as— nation of services and supports, including serv- ducing the number of families in the State re- ‘‘(A) offering child care providers training ices under section 619 and part C of the Individ- ceiving such assistance to carry out this sub- and professional development that is intentional uals with Disabilities Education Act (20 U.S.C. chapter, relative to the number of such families and sequential and leads to a higher level of 1419, 1431 et seq.), for children with disabilities on the date of enactment of that Act; and skill or certification; (as defined in section 602 of such Act (20 U.S.C. ‘‘(iv) describe how the State will provide for ‘‘(B) establishing or supporting programs de- 1401)); timely payment for child care services provided signed to increase the retention and improve the ‘‘(dd) collect and analyze data on the supply in accordance with this subchapter. competencies of child care providers, including wage incentive programs and initiatives that es- of and demand for child care in political sub- ‘‘(C) CONSTRUCTION.— tablish tiered payment rates for providers that divisions or regions within the State and submit ‘‘(i) NO PRIVATE RIGHT OF ACTION.—Nothing such data and analysis to the State; in this paragraph shall be construed to create a meet or exceed child care services guidelines, as ‘‘(ee) work to establish partnerships with pub- private right of action. defined by the State; lic agencies and private entities to increase the ‘‘(C) offering training, professional develop- ‘‘(ii) NO PROHIBITION OF CERTAIN DIFFERENT supply and quality of child care services in the ment, and educational opportunities for child RATES.—Nothing in this subchapter shall be care providers that relate to the use of develop- State; and construed to prevent a State from differentiating ‘‘(ff) as appropriate, coordinate their activi- mentally appropriate and age-appropriate cur- the payment rates described in subparagraph ties with the activities of the State lead agency ricula, and early childhood teaching strategies, (B)(iii) on the basis of such factors as— and local agencies that administer funds made that are scientifically based and aligned with ‘‘(I) geographic location of child care pro- available in accordance with this subchapter.’’; the social, emotional, physical, and cognitive viders (such as location in an urban or rural (C) in subparagraph (D)— development of children, including offering spe- area); (i) by striking ‘‘1997 through 2002’’ and insert- cialized training for child care providers who ‘‘(II) the age or particular needs of children ing ‘‘2015 through 2020’’; and care for infants and toddlers, children who are (such as the needs of children with disabilities (ii) by striking ‘‘families described in para- English learners, and children with disabilities and children served by child protective services); graph (2)(H)’’ and inserting ‘‘families with chil- (as defined in section 602 of the Individuals with ‘‘(III) whether the providers provide child dren described in clause (i), (ii), (iii), or (iv) of Disabilities Education Act (20 U.S.C. 1401)); paragraph (2)(M)’’; and care during weekend and other nontraditional ‘‘(D) providing training concerning the State (D) by adding at the end the following: hours; or early learning and developmental guidelines, ‘‘(E) DIRECT SERVICES.—From amounts pro- ‘‘(IV) the State’s determination that such dif- where applicable, including training concerning vided to a State for a fiscal year to carry out ferentiated payment rates are needed to enable early mathematics and early language and lit- this subchapter, the State shall— a parent to choose child care that is of high eracy development and effective instructional ‘‘(i) reserve the minimum amount required to quality.’’; and practices to support mathematics and language be reserved under section 658G, and the funds (5) in paragraph (5), by inserting ‘‘(that is not and literacy development in young children; for costs described in subparagraph (C); and a barrier to families receiving assistance under ‘‘(E) incorporating effective use of data to ‘‘(ii) from the remainder, use not less than 70 this subchapter)’’ after ‘‘cost sharing’’. guide instruction and program improvement; percent to fund direct services (provided by the (c) TECHNICAL AMENDMENT.—Section ‘‘(F) including effective behavior management State) in accordance with paragraph (2)(A).’’; 658F(b)(2) of the Child Care and Development strategies and training, including positive be- (4) by striking paragraph (4) and inserting the Block Grant Act of 1990 (42 U.S.C. 9858d(b)(2)) havioral interventions and supports, that pro- following: is amended by striking ‘‘section 658E(c)(2)(F)’’ mote positive social and emotional development ‘‘(4) PAYMENT RATES.— and inserting ‘‘section 658E(c)(2)(I)’’. and reduce challenge behaviors; ‘‘(A) IN GENERAL.—The State plan shall cer- ‘‘(G) at the option of the State, incorporating tify that payment rates for the provision of child SEC. 6. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE. feedback from experts at the State’s institutions care services for which assistance is provided in Section 658G of the Child Care and Develop- of higher education, as defined in section 102 of accordance with this subchapter are sufficient ment Block Grant Act of 1990 (42 U.S.C. 9858e) the Higher Education Act of 1965 (20 U.S.C. to ensure equal access for eligible children to is amended to read as follows: 1002), and other early childhood development child care services that are comparable to child experts and early childhood education and care care services in the State or substate area in- ‘‘SEC. 658G. ACTIVITIES TO IMPROVE THE QUAL- experts; volved that are provided to children whose par- ITY OF CHILD CARE. ‘‘(H) providing training corresponding to the ents are not eligible to receive assistance under ‘‘(a) RESERVATION.— nutritional and physical activity needs of chil- this subchapter or to receive child care assist- ‘‘(1) RESERVATION FOR ACTIVITIES RELATING TO THE QUALITY OF CHILD CARE SERVICES.—A dren to promote healthy development; ance under any other Federal or State program ‘‘(I) providing training or professional devel- and shall provide a summary of the facts relied State that receives funds to carry out this subchapter for a fiscal year referred to in para- opment for child care providers to serve and on by the State to determine that such rates are support children with disabilities; sufficient to ensure such access. graph (2) shall reserve and use a portion of such funds, in accordance with paragraph (2), for ac- ‘‘(J) providing training and outreach on en- ‘‘(B) SURVEY.—The State plan shall— gaging parents and families in culturally and ‘‘(i) demonstrate that the State has, after con- tivities provided directly, or through grants or linguistically appropriate ways to expand their sulting with the State Advisory Council on contracts with local child care resource and re- knowledge, skills, and capacity to become mean- Early Childhood Education and Care designated ferral organizations or other appropriate enti- ingful partners in supporting their children’s or established in section 642B(b)(1)(A)(i) of the ties, that are designed to improve the quality of child care services and increase parental options learning and development; and Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), ‘‘(K) providing training or professional devel- for, and access to, high-quality child care, pro- local child care program administrators, local opment for child care providers regarding the vided in accordance with this subchapter. child care resource and referral agencies, and early neurological development of children. ‘‘(2) AMOUNT OF RESERVATIONS.—Such State other appropriate entities, developed and con- ‘‘(2) Supporting the use of the early learning shall reserve and use— ducted (not earlier than 2 years before the date and developmental guidelines described in sec- ‘‘(A) to carry out the activities described in of the submission of the application containing tion 658E(c)(2)(T) by— the State plan) a statistically valid and reliable paragraph (1), not less than— ‘‘(A) developing and implementing the State’s survey of the market rates for child care services ‘‘(i) 6 percent of the funds described in para- early learning and developmental guidelines; in the State (that reflects variations in the cost graph (1), for the first and second full fiscal and of child care services by geographic area, type of years after the date of enactment of the Child ‘‘(B) providing technical assistance to en- provider, and age of child); Care and Development Block Grant Act of 2014; hance early learning for preschool and school- ‘‘(ii) demonstrate that the State prepared a ‘‘(ii) 8 percent of such funds, for the third and aged children in order to promote language and detailed report containing the results of the fourth full fiscal years after the date of enact- literacy skills, foster school readiness, and sup- State market rates survey conducted pursuant ment; and port later school success. to clause (i), and made the results of the survey ‘‘(iii) 10 percent of such funds, for the fifth ‘‘(3) Developing and implementing a tiered widely available (not later than 30 days after full fiscal year after the date of enactment and quality rating system for child care providers, the completion of such survey) through periodic each succeeding fiscal year; and which shall— means, including posting the results on the ‘‘(B) in addition to the funds reserved under ‘‘(A) support and assess the quality of child Internet; subparagraph (A), 3 percent of the funds de- care providers in the State; ‘‘(iii) describe how the State will set payment scribed in paragraph (1), for the first full fiscal ‘‘(B) build on licensing standards and other rates for child care services, for which assist- year after the date of enactment and each suc- State regulatory standards for such providers;

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‘‘(C) be designed to improve the quality of dif- valid, and reliable program standards of high ‘‘(1) CHILD CARE STAFF MEMBERS.—A child ferent types of child care providers; quality. care staff member shall be ineligible for employ- ‘‘(D) describe the quality of early learning fa- ‘‘(10) Supporting State or local efforts to de- ment by a child care provider that is licensed, cilities; velop or adopt high-quality program standards regulated, or registered by the State or for ‘‘(E) build the capacity of State early child- relating to health, mental health, nutrition, which assistance is provided in accordance with hood education and care programs and commu- physical activity, and physical development and this subchapter, if such individual— nities to promote parents’ and families’ under- providing resources to enable eligible child care ‘‘(A) refuses to consent to the criminal back- standing of the State’s early childhood edu- providers to meet, exceed, or sustain success in ground check described in subsection (b); cation and care system and the ratings of the meeting or exceeding, such standards. ‘‘(B) knowingly makes a materially false programs in which the child is enrolled; and ‘‘(11) Carrying out other activities determined statement in connection with such criminal ‘‘(F) provide, to the maximum extent prac- by the State to improve the quality of child care background check; ticable, financial incentives and other supports services provided in the State, and for which ‘‘(C) is registered, or is required to be reg- designed to help child care providers achieve measurement of outcomes relating to improved istered, on a State sex offender registry or repos- and sustain higher levels of quality. provider preparedness, child safety, child well- itory or the National Sex Offender Registry es- ‘‘(4) Improving the supply and quality of child being, or school readiness is possible. tablished under the Adam Walsh Child Protec- care programs and services for infants and tod- ‘‘(c) CERTIFICATION.—Beginning with fiscal tion and Safety Act of 2006 (42 U.S.C. 16901 et dlers through activities, which may include— year 2015, at the beginning of each fiscal year, seq.); or ‘‘(A) establishing or expanding neighborhood- the State shall annually submit to the Secretary ‘‘(D) has been convicted of a felony consisting based high-quality comprehensive family and a certification containing an assurance that the of— child development centers, which may serve as State was in compliance with subsection (a) ‘‘(i) murder, as described in section 1111 of resources to child care providers in order to im- during the preceding fiscal year and a descrip- title 18, United States Code; prove the quality of early childhood education tion of how the State used funds received under ‘‘(ii) child abuse or neglect; and care and early childhood development serv- this subchapter to comply with subsection (a) ‘‘(iii) a crime against children, including child ices provided to infants and toddlers from low- during that preceding fiscal year. pornography; income families and to help eligible child care ‘‘(d) REPORTING REQUIREMENTS.—Each State ‘‘(iv) spousal abuse; providers improve their capacity to offer high- receiving funds under this subchapter shall pre- ‘‘(v) a crime involving rape or sexual assault; quality care to infants and toddlers from low-in- pare and submit an annual report to the Sec- ‘‘(vi) kidnaping; come families; retary, which shall include information about— ‘‘(vii) arson; ‘‘(B) establishing or expanding the operation ‘‘(1) the amount of funds that are reserved ‘‘(viii) physical assault or battery; or of community or neighborhood-based family under subsection (a); ‘‘(ix) subject to subsection (e)(4), a drug-re- child care networks; ‘‘(2) the activities carried out under this sec- lated offense committed during the preceding 5 ‘‘(C) supporting statewide networks of infant tion; and years. and toddler child care specialists, including spe- ‘‘(3) the measures that the State will use to ‘‘(2) CHILD CARE PROVIDERS.—A child care cialists who have knowledge regarding infant evaluate the State’s progress in improving the provider described in paragraph (1) shall be in- and toddler development and curriculum and quality of child care programs and services in eligible for assistance provided in accordance program implementation as well as the ability to the State. with this subchapter if the provider employs a coordinate services with early intervention spe- ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary staff member who is ineligible for employment cialists who provide services for infants and tod- shall offer technical assistance, in accordance under paragraph (1). dlers with disabilities under part C of the Indi- with section 658I(a)(3), which may include tech- ‘‘(d) SUBMISSION OF REQUESTS FOR BACK- viduals with Disabilities Education Act (20 nical assistance through the use of grants or co- GROUND CHECKS.— U.S.C. 1431 et seq.); operative agreements, to States for the activities ‘‘(1) IN GENERAL.—A child care provider cov- ‘‘(D) carrying out initiatives to improve the described in subsection (b). ered by subsection (c) shall submit a request, to quality of the infant and toddler child care ‘‘(f) CONSTRUCTION.—Nothing in this section the appropriate State agency designated by a workforce, such as providing relevant training, shall be construed as providing the Secretary State, for a criminal background check de- professional development, or mentoring opportu- the authority to regulate, direct, or dictate State scribed in subsection (b), for each child care nities and linking such opportunities to career child care quality activities or progress in imple- staff member (including prospective child care pathways, developing career pathways for pro- menting those activities.’’. staff members) of the provider. viders in such workforce, and improving the ‘‘(2) STAFF MEMBERS.—Subject to paragraph SEC. 7. CRIMINAL BACKGROUND CHECKS. State credentialing of eligible providers caring (4), in the case of an individual who became a The Child Care and Development Block Grant for infants and toddlers; child care staff member before the date of enact- Act of 1990 (42 U.S.C. 9858 et seq.) is amended by ‘‘(E) if applicable, developing infant and tod- ment of the Child Care and Development Block inserting after section 658G the following: dler components within the State’s quality rat- Grant Act of 2014, the provider shall submit ing system described in paragraph (3) for child ‘‘SEC. 658H. CRIMINAL BACKGROUND CHECKS. such a request— care providers for infants and toddlers, or the ‘‘(a) IN GENERAL.—A State that receives funds ‘‘(A) prior to the last day described in sub- development of infant and toddler components to carry out this subchapter shall have in ef- section (i)(1); and in a State’s child care licensing regulations or fect— ‘‘(B) not less often than once during each 5- early learning and developmental guidelines; ‘‘(1) requirements, policies, and procedures to year period following the first submission date ‘‘(F) improving the ability of parents to access require and conduct criminal background under this paragraph for that staff member. information about high-quality infant and tod- checks for child care staff members (including ‘‘(3) PROSPECTIVE STAFF MEMBERS.—Subject to dler care; and prospective child care staff members) of child paragraph (4), in the case of an individual who ‘‘(G) carrying out other activities determined care providers described in subsection (c)(1); and is a prospective child care staff member on or by the State to improve the quality of infant ‘‘(2) licensing, regulation, and registration re- after that date of enactment, the provider shall and toddler care provided in the State, and for quirements, as applicable, that prohibit the em- submit such a request— which there is evidence that the activities will ployment of child care staff members as de- ‘‘(A) prior to the date the individual becomes lead to improved infant and toddler health and scribed in subsection (c). a child care staff member of the provider; and safety, infant and toddler development, or in- ‘‘(b) REQUIREMENTS.—A criminal background ‘‘(B) not less often than once during each 5- fant and toddler well-being, including providing check for a child care staff member under sub- year period following the first submission date training (including training in safe sleep prac- section (a) shall include— under this paragraph for that staff member. tices, first aid, and cardiopulmonary resuscita- ‘‘(1) a search of each State criminal and sex ‘‘(4) BACKGROUND CHECK FOR ANOTHER CHILD tion). offender registry or repository in the State CARE PROVIDER.—A child care provider shall not ‘‘(5) Promoting broad child care provider par- where the child care staff member resides and be required to submit a request under paragraph ticipation in the quality rating system described each State where such staff member resided dur- (2) or (3) for a child care staff member if— in paragraph (3). ing the preceding 10 years; ‘‘(A) the staff member received a background ‘‘(6) Establishing or expanding a statewide ‘‘(2) a search of State-based child abuse and check described in subsection (b)— system of child care resource and referral serv- neglect registries and databases in the State ‘‘(i) within 5 years before the latest date on ices. where the child care staff member resides and which such a submission may be made; and ‘‘(7) Facilitating compliance with State re- each State where such staff member resided dur- ‘‘(ii) while employed by or seeking employment quirements for inspection, monitoring, training, ing the preceding 10 years; by another child care provider within the State; and health and safety, and with State licensing ‘‘(3) a search of the National Crime Informa- ‘‘(B) the State provided to the first provider a standards. tion Center; qualifying background check result, consistent ‘‘(8) Evaluating and assessing the quality and ‘‘(4) a Federal Bureau of Investigation finger- with this subchapter, for the staff member; and effectiveness of child care programs and services print check using the Integrated Automated ‘‘(C) the staff member is employed by a child offered in the State, including evaluating how Fingerprint Identification System; and care provider within the State, or has been sepa- such programs and services may improve the ‘‘(5) a search of the National Sex Offender rated from employment from a child care pro- overall school readiness of young children. Registry established under the Adam Walsh vider within the State for a period of not more ‘‘(9) Supporting child care providers in the Child Protection and Safety Act of 2006 (42 than 180 consecutive days. pursuit of accreditation by an established na- U.S.C. 16901 et seq.). ‘‘(e) BACKGROUND CHECK RESULTS AND AP- tional accrediting body with demonstrated, ‘‘(c) PROHIBITIONS.— PEALS.—

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‘‘(1) BACKGROUND CHECK RESULTS.—The State ‘‘(h) DEFINITIONS.—In this section— ‘‘(B) describe how modifying compliance with shall carry out the request of a child care pro- ‘‘(1) the term ‘child care provider’ means a that provision of Federal law to meet the re- vider for a criminal background check as expe- center-based child care provider, a family child quirements of this subchapter will, by itself, im- ditiously as possible, but in not to exceed 45 care provider, or another provider of child care prove delivery of child care services for children days after the date on which such request was services for compensation and on a regular basis in the State; and submitted, and shall provide the results of the that— ‘‘(C) certify that the health, safety, and well- criminal background check to such provider and ‘‘(A) is not an individual who is related to all being of children served through assistance re- to the current or prospective staff member. children for whom child care services are pro- ceived under this subchapter will not be com- ‘‘(2) PRIVACY.— vided; and promised as a result. ‘‘(A) IN GENERAL.—The State shall provide the ‘‘(B) is licensed, regulated, or registered under ‘‘(3) CONSULTATION.—The Secretary shall con- results of the criminal background check to the State law or receives assistance provided in ac- sult with the State submitting the request and provider in a statement that indicates whether a cordance with this subchapter; and the head of each Federal agency (other than the child care staff member (including a prospective ‘‘(2) the term ‘child care staff member’ means Secretary) with responsibility for administering child care staff member) is eligible or ineligible an individual (other than an individual who is the Federal law detailed in the State’s request. for employment described in subsection (c), related to all children for whom child care serv- The consulting parties shall jointly identify— without revealing any disqualifying crime or ices are provided)— ‘‘(A) any provision of Federal law (including other related information regarding the indi- ‘‘(A) who is employed by a child care provider a regulation, policy, or procedure) for which a vidual. for compensation; waiver is necessary to enable the State to pro- ‘‘(B) INELIGIBLE STAFF MEMBER.—If the child ‘‘(B) whose activities involve the care or su- vide services in accordance with the request; care staff member is ineligible for such employ- pervision of children for a child care provider or and ment due to the background check, the State unsupervised access to children who are cared ‘‘(B) any corresponding waiver. will, when providing the results of the back- for or supervised by a child care provider; or ‘‘(4) WAIVERS.—Notwithstanding any other ground check, include information related to ‘‘(C) who is a family child care provider. provision of law, and after the joint identifica- each disqualifying crime, in a report to the staff ‘‘(i) EFFECTIVE DATE.— tion described in paragraph (3), the head of the member or prospective staff member. ‘‘(1) IN GENERAL.—A State that receives funds Federal agency involved shall have the author- ‘‘(C) PUBLIC RELEASE OF RESULTS.—No State under this subchapter shall meet the require- ity to waive any statutory provision adminis- shall publicly release or share the results of in- ments of this section for the provision of crimi- tered by that agency, or any regulation, policy, dividual background checks, however, such re- nal background checks for child care staff mem- or procedure issued by that agency, that has sults of background checks may be included in bers described in subsection (d)(1) not later than been so identified, unless the head of the Fed- the development or dissemination of local or the last day of the second full fiscal year after eral agency determines that such a waiver is in- statewide data related to background checks, if the date of enactment of the Child Care and De- consistent with the objectives of this subchapter such results are not individually identifiable. velopment Block Grant Act of 2014. or the Federal law from which relief is sought. ‘‘(3) APPEALS.— ‘‘(2) EXTENSION.—The Secretary may grant a ‘‘(A) IN GENERAL.—The State shall provide for ‘‘(5) APPROVAL.—Within 90 days after the re- State an extension of time, of not more than 1 ceipt of a State’s request under this subsection, a process by which a child care staff member fiscal year, to meet the requirements of this sec- (including a prospective child care staff member) the Secretary shall inform the State of the Sec- tion if the State demonstrates a good faith effort retary’s approval or disapproval of the request. may appeal the results of a criminal background to comply with the requirements of this section. check conducted under this section to challenge If the plan is disapproved, the Secretary shall ‘‘(3) PENALTY FOR NONCOMPLIANCE.—Except inform the State, in writing, of the reasons for the accuracy or completeness of the information as provided in paragraphs (1) and (2), for any contained in such member’s criminal back- the disapproval and give the State the oppor- fiscal year that a State fails to comply substan- tunity to amend the request. ground report. tially with the requirements of this section, the PPEALS PROCESS.—The State shall en- ‘‘(6) DURATION.—The Secretary may approve ‘‘(B) A Secretary shall withhold 5 percent of the funds sure that— a request under this subsection for a period of that would otherwise be allocated to that State ‘‘(i) each child care staff member shall be not more than 3 years, and may renew the ap- in accordance with this subchapter for the fol- given notice of the opportunity to appeal; proval for additional periods of not more than 3 ‘‘(ii) a child care staff member will receive in- lowing fiscal year.’’. years. structions about how to complete the appeals SEC. 8. REPORTS AND INFORMATION. ‘‘(7) TERMINATION.—The Secretary shall ter- process if the child care staff member wishes to (a) ADMINISTRATION.—Section 658I of the minate approval of a request for relief author- challenge the accuracy or completeness of the Child Care and Development Block Grant Act of ized under this subsection if the Secretary deter- information contained in such member’s crimi- 1990 (42 U.S.C. 9858g) is amended— mines, after notice and opportunity for a hear- nal background report; and (1) in subsection (a)— ing, that the performance of a State granted re- ‘‘(iii) the appeals process is completed in a (A) in paragraph (2)— lief under this subsection has been inadequate, timely manner for each child care staff member. (i) by inserting a comma after ‘‘publish’’; and or if such relief is no longer necessary to achieve ‘‘(4) REVIEW.—The State may allow for a re- (ii) by striking ‘‘and’’ at the end; its original purposes.’’. (B) by striking paragraph (3) and inserting view process through which the State may de- (c) REPORTS.—Section 658K(a) of the Child termine that a child care staff member (includ- the following: Care and Development Block Grant Act of 1990 ‘‘(3) provide technical assistance to States ing a prospective child care staff member) dis- (42 U.S.C. 9858i(a)) is amended— (which may include providing assistance on a qualified for a crime specified in subsection (1) in paragraph (1)(B)— reimbursable basis), consistent with (as appro- (c)(1)(D)(ix) is eligible for employment described (A) in clause (ix), by striking ‘‘and’’ at the priate) scientifically valid research, to carry out in subsection (c)(1), notwithstanding subsection end; this subchapter; and’’; and (c). The review process shall be consistent with (B) in clause (x), by inserting ‘‘and’’ at the (C) by adding at the end the following: title VII of the Civil Rights Act of 1964 (42 end; and ‘‘(4) disseminate, for voluntary informational U.S.C. 2000e et seq.). (C) by inserting after clause (x), the following: purposes, information on practices that scientif- ‘‘(5) NO PRIVATE RIGHT OF ACTION.—Nothing ‘‘(xi) whether the children receiving assist- ically valid research indicates are most success- in this section shall be construed to create a pri- ance under this subchapter are homeless chil- ful in improving the quality of programs that re- vate right of action if the provider is in compli- dren;’’; and ceive assistance under this subchapter.’’; and ance with State regulations and requirements. (2) in paragraph (2)— ‘‘(f) FEES FOR BACKGROUND CHECKS.—Fees (2) by adding at the end the following: (A) in the matter preceding subparagraph (A), that a State may charge for the costs of proc- ‘‘(c) PROHIBITION.—Nothing in this sub- by striking ‘‘1997’’ and inserting ‘‘2014’’; and essing applications and administering a criminal chapter shall be construed as providing the Sec- (B) in subparagraph (A), by striking ‘‘section background check as required by this section retary the authority to permit States to alter the 658P(5)’’ and inserting ‘‘section 658P(6)’’. shall not exceed the actual costs to the State for eligibility requirements for eligible children, in- (d) REPORT BY SECRETARY.—Section 658L of the processing and administration. cluding work requirements that apply to the the Child Care and Development Block Grant ‘‘(g) CONSTRUCTION.— parents of eligible children.’’. ‘‘(1) DISQUALIFICATION FOR OTHER CRIMES.— (b) REQUESTS FOR RELIEF.—Section 658I of the Act of 1990 (42 U.S.C. 9858j) is amended— Nothing in this section shall be construed to Child Care and Development Block Grant Act of (1) by striking the section heading and insert- prevent a State from disqualifying individuals 1990, as amended by subsection (a), is further ing the following: as child care staff members based on their con- amended by adding at the end the following: ‘‘SEC. 658L. REPORTS, HOTLINE, AND WEB SITE.’’; viction for crimes not specifically listed in this ‘‘(d) REQUEST FOR RELIEF.— (2) by striking ‘‘Not later’’ and inserting the section that bear upon the fitness of an indi- ‘‘(1) IN GENERAL.—The State may submit to following: vidual to provide care for and have responsi- the Secretary a request for relief from any provi- ‘‘(a) REPORT BY SECRETARY.—Not later’’; bility for the safety and well-being of children. sion of Federal law (including a regulation, pol- (3) by striking ‘‘1998’’ and inserting ‘‘2016’’; ‘‘(2) RIGHTS AND REMEDIES.—Nothing in this icy, or procedure) affecting the delivery of child and section shall be construed to alter or otherwise care services with Federal funds, other than this (4) by striking ‘‘to the Committee’’ and all affect the rights and remedies provided for child subchapter, that conflicts with a requirement of that follows through ‘‘of the Senate’’ and in- care staff members residing in a State that dis- this subchapter. serting ‘‘to the Committee on Education and the qualifies individuals as child care staff members ‘‘(2) CONTENTS.—Such request shall— Workforce of the House of Representatives and for crimes not specifically provided for under ‘‘(A) detail the provision of Federal law that the Committee on Health, Education, Labor, this section. conflicts with that requirement; and Pensions of the Senate’’; and

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(5) by adding at the end the following: ‘‘(D) LICENSING AND STANDARDS.—In lieu of mine, for each State, the number of families ‘‘(b) NATIONAL TOLL-FREE HOTLINE AND WEB any licensing and regulatory requirements ap- that— SITE.— plicable under State or local law, the Secretary, (1) are eligible to receive assistance under the ‘‘(1) IN GENERAL.—The Secretary shall operate in consultation with Indian tribes and tribal or- Child Care and Development Block Grant Act of a national toll-free hotline and Web site, to— ganizations, shall develop minimum child care 1990 (42 U.S.C. 9858 et seq.); ‘‘(A) develop and disseminate publicly avail- standards that shall be applicable to Indian (2) have applied for the assistance; and able child care consumer education information tribes and tribal organizations receiving assist- (3) have been placed on a waiting list for the for parents and help parents access safe, afford- ance under this subchapter. Such standards assistance. able, and quality child care in their community; shall appropriately reflect Indian tribe and trib- (b) REPORT.—The Comptroller General shall and al organization needs and available resources, prepare a report containing the results of each ‘‘(B) to allow persons to report (anonymously and shall include standards requiring a publicly study and shall submit the report to the appro- if desired) suspected child abuse or neglect, or available application, health and safety stand- priate committees of Congress— violations of health and safety requirements, by ards, and standards requiring a reservation of (1) not later than 2 years after the date of en- an eligible child care provider that receives as- funds for activities to improve the quality of actment of this Act; and sistance under this subchapter. child care provided to Indian children.’’. (2) every 2 years thereafter. ‘‘(2) REQUIREMENTS.—The Secretary shall en- SEC. 10. DEFINITIONS. (c) DEFINITION.—In this section, the term sure that the hotline and Web site meet the fol- ‘‘State’’ has the meaning given the term in sec- lowing requirements: Section 658P of the Child Care and Develop- ment Block Grant Act of 1990 (42 U.S.C. 9858n) tion 658P of the Child Care and Development ‘‘(A) REFERRAL TO LOCAL CHILD CARE PRO- Block Grant Act of 1990 (42 U.S.C. 9858n). VIDERS is amended— .—The Web site shall be hosted by SEC. 12. CONFORMING AMENDMENT. ‘childcare.gov’. The Web site shall enable a (1) by striking paragraph (4) and inserting the Section 319C–1(b)(2)(A)(vii) of the Public child care consumer to enter a zip code and ob- following: Health Service Act (42 U.S.C. 247d– tain a referral to local child care providers de- ‘‘(3) CHILD WITH A DISABILITY.—The term 3a(b)(2)(A)(vii)) is amended by inserting ‘‘or es- scribed in subparagraph (B) within a specified ‘child with a disability’ means— ‘‘(A) a child with a disability, as defined in tablished’’ after ‘‘designated’’. search radius. section 602 of the Individuals with Disabilities ‘‘(B) INFORMATION.—The Web site shall pro- The PRESIDING OFFICER. The Sen- vide to consumers, directly or through linkages Education Act (20 U.S.C. 1401); ator from Iowa. to State databases, at a minimum— ‘‘(B) a child who is eligible for early intervention services under part C of the Individuals AMENDMENT NO. 2811 ‘‘(i) a localized list of all State licensed child Mr. HARKIN. Madam President, I am care providers; with Disabilities Education Act (20 U.S.C. 1431 ‘‘(ii) any provider-specific information from a et seq.); pleased the Senate is now considering Quality Rating and Improvement System or in- ‘‘(C) a child who is less than 13 years of age the Child Care and Development Block formation about other quality indicators, to the and who is eligible for services under section 504 Grant Act of 2014. I have a first-degree extent the information is publicly available and of the Rehabilitation Act of 1973 (29 U.S.C. 794); amendment to the committee-reported to the extent practicable; and substitute amendment at the desk. ‘‘(iii) any other provider-specific information ‘‘(D) a child with a disability, as defined by the State involved. The PRESIDING OFFICER. The about compliance with licensing, and health clerk will report the amendment. and safety, requirements to the extent the infor- ‘‘(4) ELIGIBLE CHILD.—The term ‘eligible child’ mation is publicly available and to the extent means an individual— The bill clerk read as follows: practicable; ‘‘(A) who is less than 13 years of age; The Senator from Iowa [Mr. HARKIN] pro- ‘‘(iv) referrals to local resource and referral ‘‘(B) whose family income does not exceed 85 poses an amendment numbered 2811. organizations from which consumers can find percent of the State median income for a family of the same size; and Mr. HARKIN. I ask unanimous con- more information about child care providers, sent that reading of the amendment be and a recommendation that consumers consult ‘‘(C) who— ‘‘(i) resides with a parent or parents who are dispensed with. with the organizations when selecting a child working or attending a job training or educare provider; and The PRESIDING OFFICER. Without ‘‘(v) State information about child care sub- cational program; or objection, it is so ordered. ‘‘(ii) is receiving, or needs to receive, protec- sidy programs and other financial supports The amendment is as follows: tive services and resides with a parent or par- available to families. (Purpose: To include rural and remote areas ‘‘(C) NATIONWIDE CAPACITY.—The Web site ents not described in clause (i).’’; (2) by redesignating paragraphs (5) through as underserved areas identified in the and hotline shall have the capacity to help fam- State plan) ilies in every State and community in the Na- (9) as paragraphs (6) through (10), respectively; (3) by inserting after paragraph (4), the fol- On page 88, line 8, insert ‘‘, such as rural tion. lowing: and remote areas’’ after ‘‘underserved ‘‘(D) INFORMATION AT ALL HOURS.—The Web ‘‘(5) ENGLISH LEARNER.—The term ‘English areas’’. site shall provide, to parents and families, ac- learner’ means an individual who is limited cess to information about child care 24 hours a Mr. HARKIN. Madam President, we English proficient, as defined in section 9101 of day. are now on the Child Care and Develop- the Elementary and Secondary Education Act of ‘‘(E) SERVICES IN DIFFERENT LANGUAGES.—The ment Block Grant Act of 2014. I know 1965 (20 U.S.C. 7801) or section 637 of the Head Web site and hotline shall ensure the widest Senator ALEXANDER and I, and others, possible access to services for families who speak Start Act (42 U.S.C. 9832).’’; (4) in paragraph (6)(A), as redesignated by are anxious to consider amendments. I languages other than English. encourage people who have amend- ‘‘(F) HIGH-QUALITY CONSUMER EDUCATION AND paragraph (2)— (A) in clause (i), by striking ‘‘section REFERRAL.—The Web site and hotline shall en- ments to bring them to the floor so sure that families have access to child care con- 658E(c)(2)(E)’’ and inserting ‘‘section Senator BURR, Senator ALEXANDER, sumer education and referral services that are 658E(c)(2)(F)’’; and Senator MIKULSKI or I could look at consistent and of high quality. (B) in clause (ii), by striking ‘‘section them and get things lined up. 658E(c)(2)(F)’’ and inserting ‘‘section ‘‘(3) PROHIBITION.—Nothing in this subsection It is my intent—and I hope I can shall be construed to allow the Secretary to com- 658E(c)(2)(I)’’; (5) in paragraph (9), as redesignated by para- speak for Senator ALEXANDER on this pel States to provide additional data and infor- too—to have an open yet managed mation that is currently (as of the date of enact- graph (2), by striking ‘‘designated’’ and all that ment of the Child Care and Development Block follows and inserting ‘‘designated or established process with respect to this bill and for Grant Act of 2014) not publicly available, or is under section 658D(a).’’; Senators who have relevant amend- not required by this subchapter.’’. (6) in paragraph (10), as redesignated by ments to have the opportunity to have paragraph (2), by inserting ‘‘, foster parent,’’ them offered and to be voted on. I ex- SEC. 9. RESERVATION FOR TOLL-FREE HOTLINE after ‘‘guardian’’; AND WEB SITE; PAYMENTS TO BEN- (7) by redesignating paragraphs (11) through pect we would have a couple of votes EFIT INDIAN CHILDREN. within the next few hours. I don’t even Section 658O of the Child Care and Develop- (14) as paragraphs (12) through (15), respec- ment Block Grant Act of 1990 (42 U.S.C. 9858m) tively; and know when but sometime soon. So is amended— (8) by inserting after paragraph (10), as redes- again, I strongly encourage Senators (1) in subsection (a), by adding at the end the ignated by paragraph (2), the following: with amendments to bring them over following: ‘‘(11) SCIENTIFICALLY VALID RESEARCH.—The and file them so we can get them dis- ‘‘(3) NATIONAL TOLL-FREE HOTLINE AND WEB term ‘scientifically valid research’ includes ap- cussed expeditiously. SITE.—The Secretary shall reserve not less than plied research, basic research, and field-initiated research, for which the rationale, design, This bill was voted unanimously out $1,000,000 of the amount appropriated under of the HELP Committee last Sep- this subchapter for each fiscal year for the oper- and interpretation are soundly developed in ac- ation of a national toll-free hotline and Web cordance with principles of scientific research.’’. tember. I hope it will receive strong bi- site, under section 658L(b).’’; and SEC. 11. STUDIES ON WAITING LISTS. partisan support here on the Senate (2) in subsection (c)(2), by adding at the end (a) STUDY.—The Comptroller General of the floor. I give tremendous credit and the following: United States shall conduct studies to deter- thanks to Senators MIKULSKI and

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1546 CONGRESSIONAL RECORD — SENATE March 12, 2014 BURR, the sponsors of this legislation, the States that apply and get these range of childcare providers in their for their leadership in this process over block grants will need to develop min- area so they can shop around and see a couple of years working together, imum education and training require- what is out there. creating a bill which takes huge steps ments for childcare workers that de- Right now the law says States can in improving the lives of children and scribe what they must know and be set the eligibility requirement as long their families. able to do to promote the health and as it does not exceed 85 percent of the At the outset I also thank our rank- development of the children they serve. State’s median income. If you look at ing member Senator ALEXANDER for his Just as we know that a great teacher is all of the children ages 0 to age 13—be- partnership and for working with us to one of the most important factors in a cause the bill covers up to age 13—if reauthorize this vital program. Our of- classroom, we also know that one of you look at preschool age kids 0 to 5, fices have worked collaboratively over the most critical components of early we do a little bit better. States are the last couple of years to produce a development in children is whether serving a little more than a quarter of strong bipartisan bill. they have supportive nurturing inter- the children who would be eligible I would start first by saying this pro- actions with caring adults. under the Federal guidelines. I think gram has a big impact in my State of Another important thing we do in this shows the present landscape right Iowa. Right now Iowa serves about the bill is to promote safety and health now. Out of 100 percent of the kids that 15,800 children every month with standards. This bill ensures that li- are eligible, we have 73 percent eligible CCDBG funds: 28 percent infants and censed childcare providers receive a preschool-aged children not being toddlers; 26 percent ages 3 to 4; and prelicensure inspection and one annual served. There are about 27 percent of about half or 46 percent, ages 5 to 13. inspection thereafter. Alarmingly, Most people think of this simply as a preschool-aged children being served. some States inspect childcare centers childcare-type bill for infants and tod- So we do have a long way to go. As only once in 5 years. Some States don’t dlers, but this is not true. This goes to chairman of the Appropriations Sub- even do a prelicensure inspection until age 13, but over half goes to those committee on Labor, Health and under the age of 5. a provider is serving more than a dozen Human Services, Education, and Re- The last time this was reauthorized children. lated Agencies, our committee has in 1996, 18 years ago, this program was The bill also stipulates and focuses fought for years to increase funding so basically looked at as mainly a work on vulnerable populations, including we can serve more children. The fiscal support program, taking care of kids children with disabilities, infants and year 2014 omnibus included more than while parents went to work. It was toddlers, and children whose parents a $154 million increase for the childcare only incidentally thought of as some- work nontraditional hours. I want to program. I know that sounds like a lot, thing which could have a real impact highlight that the sponsors of this bill, but all that it did was replace the $118 on the lives of kids. Well, 18 years later Senator BURR and Senator MIKULSKI, million cut that happened because of and backed by scientific research, we took great care to ensure that sequestration. We replaced the $118 know the program can and should be childcare programs supported through million plus whatever that figures out much more. In addition to providing this block grant would be well-suited to—about another $36 more million. So vital work support for parents, it could for children with special needs and it helps. The increased funding will be a rich early learning opportunity for their families. The legislation asks help States improve access to quality children. States to consider the unique needs of and affordable childcare by increasing In 2000 the National Research Council children with disabilities when devel- the number of kids who can receive it. published a groundbreaking report oping training requirements for But actually we have a long way to called ‘‘Neurons to Neighborhoods.’’ childcare workers. A childcare worker go. The last chart shows what is hap- The report’s author said: may be trained to take care of non- pening. If you look at the blue line at From the time of conception to the first disabled children. But taking care of a the bottom, that is the actual funding day of kindergarten, development proceeds child with a disability requires a little in this program. If you go back to 2005 at a pace exceeding that of any subsequent bit more expertise and a little extra and see what was in place, we are about stage of life. . . . that what happens during training, and that is what this bill does $600 million short of where we would be the first months and years of life matters a provide. It also lets parents know the if we kept up with inflation. You see, lot, not because this period of development types of services available through the provides an indelible blueprint for adult this is 2005. Those who have been well-being, but because it sets either a stur- Individuals with Disabilities Education around since then, we know what it dy or fragile stage for what follows. Act. was like before that. We have lost a lot What this bill does is set that sturdy The bill also provides families with of ground. So we need to make that up, stage. stability and continuity of care for and I hope we can do that in our appro- This report that I talk about from families. Once they receive care, they priations bills that are coming up. the National Research Council rein- are going to get it for at least 1 year if This bill changes the landscape and forces what we already know—that they are initially deemed eligible. Cur- makes it a lot better for families out learning starts at birth and that prepa- rently, some States require parents to there. The bill authorizes the funding, ration for learning begins even before reapply for care after only a few but the appropriations have to fund it. birth. Eighty percent of a child’s brain months. In some cases States will kick I hope that we can in fiscal year 2015 develops between birth and age 3. Be- parents off of care if they receive a continue to be able to keep up the cause much of a child’s intellect and small pay raise that makes them ineli- funding increases for the childcare de- skills develop before he or she begins gible under the State’s eligibility velopment block grants. kindergarten, we need to give all chil- guidelines. This bill remedies this by It is a good bill. I am very proud of dren every opportunity to reach their ensuring that as long as a parent is this bill, proud of the efforts that Sen- full potential at their earliest stages in working or is in a training program ator BURR and Senator MIKULSKI put life. This means supporting access to and whose income does not exceed 85 into it over a long period of time. So I high-quality early-learning programs, percent of the State’s median income, urge my colleagues to join in the bipar- including high-quality childcare. they will get care for at least 1 year tisan spirit of cooperation that we have The bill before us represents a strong without having to work. Again, this witnessed in the health committee over and positive advance for low-income helps children because we know that a the last year. families who benefit from the childcare lot of times these kinds of disruptions If Senators have amendments that subsidies. The bill makes many needed can really set a child back, and this al- are germane to the bill, I encourage improvements that will help establish lows at least for continuity for 1 year. them to bring them over so we can high expectations for federally sub- The bill also supports the develop- take a look at them and determine a sidized childcare in this country. The ment of a Web site. I know Senator fair path forward with respect to those bill accomplishes a lot of good. I will BURR was very interested in that and amendments. highlight two or three items here. helped promote and put that in the Again, I thank Senator ALEXANDER First of all, education and training bill. The Web site is going to be avail- for a great working relationship on for childcare workers. Under this bill able for all parents to show them the this committee and thank him for

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1547 working so hard to help bring this bill pared to do that. Let me try to put the guerite Kondracke—came to me, and forward to the bill today. whole effort in perspective before I step she proposed that I ask the businesses I yield the floor. aside and Senator MIKULSKI and Sen- in Tennessee to create 1,000 worksite The PRESIDING OFFICER. The Sen- ator BURR step up. daycare places. I was kind of taken ator from Tennessee. During World War II there were a aback by that because I didn’t under- Mr. ALEXANDER. Madam President, great many mothers, women, who took stand the need for it, and I didn’t think I want to say to the Senator from Iowa jobs outside the home. That was dif- the businesses would do it voluntarily. how much I appreciate working with ferent. In our agricultural society fam- Well, we did that, and we got twice as him. ilies worked together. As the industrial many worksite daycare places as we re- We were talking yesterday, and he society in America developed during quested. It was good for businesses to told me—I think I have these facts the 20th century, men largely went do and there was plenty of demand for about right—that our committee in away from home to work and women it from the parents who had to take this Congress has reported 17 bills that mostly worked at home. their children to work. The next year I have passed the Senate and 10 that But in World War II something dif- was out of a job—I was through with have become law, which I suspect ex- ferent happened. Many of the men were my time as Governor—and so was Mar- ceeds that of any other committee. As overseas fighting. There was a lot of guerite. Along with Captain Kan- our hearing this morning on the min- work to be done at home, and so garoo—Bob Keeshan—my wife, and imum wage showed, it is not because women took jobs in the factories that Brad Martin, we founded a company we always agree with each other all the they didn’t have before. That produced called Corporate Child Care, which pro- time. We probably have the most ideo- a new phenomenon in the American so- vided worksite daycare places. After logically split committee in the Con- ciety which was called worksite about 10 years, it merged with its gress by party, but we get a lot done. daycare. Someone had to take care of major competitor Bright Horizons, and That is due in great measure to the the children. In many cases companies they became what is today the largest way the Senator from Iowa leads the employing large numbers of women provider of worksite daycare in the committee, and I appreciate that very during World War II provided sites at world. much. the workplace so that mothers could Companies have realized the impor- I will have more to say about Sen- bring their children while they worked. tance of worksite daycare, but not all ator BURR and Senator MIKULSKI in a Then after the war was over, things mothers and fathers can send their few moments because they have done went back to the way they were before, children to Bright Horizons while they the yeoman’s work on this. They are and most American women worked at work, and so there came to be a rec- the leaders of this effort. They im- home. That began to change probably ognition that there needed to be some mersed themselves in it for the last in the 1970s. It is probably fair to say response by the Federal Government. The next year, about 1988, the first two years. They brought it to a posi- that the greatest social change in our Federal childcare programs came into tion which convinced everybody on the country over the last 40 years has been existence. In 1996, the law we are con- committee it was time to move ahead, the gradual and steady phenomenon of sidering today was basically a part of but that is not where we were when we more women in the workplace outside the reform of the Welfare Act. It is a started. We had lots of differences of the home and the adjustments our soci- remarkable law because it involves lots opinions, and we came to a conclusion ety has made to that. of State flexibility. In other words, it that they will be explaining in detail. I was lucky. I had an early head start acknowledges that what is good for So the way we will proceed today is in the little town of Maryville, Ten- Maryland may not be good for North this. After my remarks, Senator MI- nessee, where I grew up at the edge of Carolina. It models our higher edu- KULSKI and Senator BURR will step up the Smoky Mountains. My mother had cation system by letting the money and begin to manage the bill. Senator one of the town’s two preschool edu- follow the child to the institution that HARKIN and I will be here. We are con- cation programs. She had it in a con- the parent thinks is best for their tinuing right through the afternoon. verted garage in her backyard. She had child. These are vouchers. It has gradu- We hope that Senators will bring been trained in Kansas and in a settle- ally grown to an area where we spend their amendments to the floor. What ment house in Chicago. It is hard for $5 billion or $6 billion of taxpayers’ we are hoping to do is to have a debate me today to imagine how she could do money each year to provide about 11⁄2 about the child care and development this, but she had 25 3-year-olds and 4- million children with an opportunity block grant. We are hoping to have year-olds in the morning and 25 5-year- for childcare. amendments, and we will have votes on olds in the afternoon. That was Mrs. I will mention one success story so those amendments. It is not our desire Alexander’s preschool, which we called we have an example of exactly what we to pick this Democratic amendment or the institution of lower learning. are talking about. I am thinking of a this Republican amendment. If you She had nowhere else to put me, so I young mother in Memphis, TN, who have an amendment on the child care became the first Senator to have 5 was attending LeMoyne-Owen College and development block grant that is years of kindergarten, which I probably and earning a business degree. She had related to the bill, please bring it over needed, but which gave me a head an infant child, and so she put that and talk to Senator BURR, Senator MI- start. It gave me the understanding of child in a childcare center she chose. KULSKI, Senator HARKIN, or me, and we what Senator HARKIN said earlier—that The voucher, through this program we will start lining them up. There will be research then, but especially now, are talking about today, provided $500 time for debate. There will be a vote shows the brain develops at least from to $600 a month to help pay for the bill. and it will be considered. the moment of conception and that all Infant childcare is especially expen- Our hope is to have votes this after- of the influences around an infant are sive. If you think about it, this is un- noon, votes tomorrow morning, and to important to that person’s develop- derstandable. let Senators know that there won’t be ment over a long period of time. The success part of the story is that votes tonight so they can plan their Most parents who understand that she earned her degree. She is now an schedules. Senator BURR will talk more want to make sure that they are with assistant manager at Walmart in Mem- about that and the time for attempting a child at a very early age stimulating phis. She has a second child who at- to conclude the bill tomorrow. That is that child, or if they can’t be with tends the same childcare center now, our goal. That is the way the Senate their child for some period of time for but she earns enough to pay the full traditionally has worked. It is the way some reason, someone else is looking cost. we hope it works today. after their child. Along with the chang- This program encourages work, it en- Since Senator MIKULSKI from Mary- ing role of women in the workforce courages job training, and for those land and the Senator from North Caro- came the idea of more childcare. Americans who are low income and lina have done the principal amount of I remember in 1986 when I was Gov- working or low income and training or work on the bill, I see no need for me ernor of Tennessee, the head of our educating themselves for a job, this to go through the details of the bill. I human services division—a woman helps them get that job. This is an im- think they are better equipped and pre- named Marguerite Sallee, now Mar- portant bill for many families.

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1548 CONGRESSIONAL RECORD — SENATE March 12, 2014 In Tennessee, we have about 20,000 very important bipartisan legislation, siding Officer knows, I am a profes- families affected each month and near- the Child Care and Development Block sionally trained social worker. I have a ly 40,000 children. It is a big help to Grant Act of 2014. I am standing here master’s degree in social work. I was a them. It makes a difference in their today to speak on behalf of families foster care worker for Catholic Char- lives. and children across this Nation. ities, and I was a child abuse worker I thank Senator MIKULSKI and Sen- I am excited to bring forward this for the Department of Social Services. ator BURR for their work on this legis- bill for two reasons; one, the content it One of the reasons I came into politics lation. I know of no two Senators in represents—a reauthorization frame- was to be able to take the value of a so- this body who approach issues in a work for the childcare and develop- cial worker and bring it to the floor of more serious, effective, and determined ment block grant, one of the most im- the U.S. Congress to make sure we way. They also understand that in a portant tools families have to be able looked at families and their needs. This body of 100 Members, where we each to afford child are so they may go to is what I think this bill does. have a right to object, that no bill is work. It is a childcare development bill We are looking at childcare. Every going to be exactly what any of us and it is a work assistance bill. family in America with children is con- want. I am also proud of the process by cerned about childcare. They wonder if For example, I am leery of the extent which we are undertaking this bill, the it is available. They wonder if it is af- of the background checks required by process by which we arrived at and fordable. They worry if it is safe, and this bill, which is one of its major ac- brought this bill to the floor today. they are also concerned about whether complishments. As a former Governor, This legislation has not been reau- it will help their children to be ready I am very skeptical of Washington set- thorized since 1996. Senator RICHARD to learn. ting rules for States, but I accept the BURR of North Carolina and I serve on We all say that children are one of compromise they have agreed to with the HELP Committee, of which the our most important resources, which the background checks. We talked that Presiding Officer is a member. We once also means childcare is one of our most matter through, and I think it is a shared the Subcommittee on Children important decisions. Families will sound proposal. I congratulate them and Families. Senator BURR and I, who scrimp and save to make sure they for the way they have done this over have a longstanding professional rela- have adequate childcare. If you are a the last 2 years and the way we have tionship, said: Let’s see what we can single parent and working a double approached it. get done on that committee. Where can shift, you wonder if childcare is safe I will conclude with where I started. we find common ground? Where can we and sound. If you are a student work- We are asking Senators to join us in a find that sensible center? How can we ing toward a degree, you want to make debate about the child care and devel- move things forward on a bipartisan sure that while you are in school, your opment block grant. We hope Senators basis where we add value to our coun- children are in a good preschool or will come to the floor with their ideas try but don’t add to our debt? daycare program. These worries weigh on it. We know there are a number of We put our heads together, and by heavily on the shoulders of parents ev- Senators who have amendments on looking at the childcare needs in our erywhere, and our bill lifts that bur- both sides of the aisle. What we are country, we began a regular order proc- den. This bill gives families and chil- saying to those Senators is if you have ess. We held three hearings, lots of dren the childcare they need. This bill, as I said, is the product of an amendment that is related to our meetings with stakeholders, over 50 or- a bipartisan effort. Childcare is some- bill, you will have a chance to talk ganizations, as well as meetings with thing all families worry about, regard- about it and you will have a chance for our staffs and each other, characterized less of income or ZIP Code. This bill by three factors: mutual respect, focus- it to be voted on and perhaps accepted ensures that all children get the care ing on national needs, and how we by the full Senate, and hopefully this they need and deserve. What we did could be smart in terms of our policies bill will go to the House and become was focus on those needs. law. yet frugal in terms of the way we went Childcare has not been evaluated We know that has not been the story about the money. We didn’t expand the since 1996. At that time the program as often as it should be in the Senate, vouchers the way some of us would was solely a vision as a workforce aid. but we would like to see that happen like, but we looked at how we could ex- What we know today is that this is also more often. It requires a little bit of re- pand value by focusing on quality. Be- the time of the most rapid period of straint on the part of each of us as Sen- cause of the tone we set with each brain development, and that is why it ators. We can’t all exercise all of our other, we were able to do this. is imperative we ensure our young chil- rights all the time and get anything This is how the Senate should oper- dren are in high-quality childcare pro- done. It requires some trust and re- ate. We should have mutual respect, grams. We need to make sure that straint on the part of our leaders, Sen- talking with each other and not at childcare nurtures their development, ator REID and Senator MCCONNELL. We each other, listening to the experts, lis- prepares their minds, and prepares appreciate them turning the manage- tening to the grassroots, and paying them for school. ment of the bill over to Senator MIKUL- attention to the bottom line. We were The current program is out of date. SKI and Senator BURR, with Senator able to accomplish what we set out to It doesn’t go far enough to promote HARKIN and me in support of their ef- do. health and safety and also make sure forts. Today, as we come to the floor, this that the staff is ready to meet emer- We appreciate the cooperation of the is an open amendment process. We talk gency responses and take care of the many Senators who have already come a lot about regular order. There are needs of those children. up with excellent amendments and no- very few Members of the Senate—par- When we worked on this legislation, tified us about them. Senator BURR and ticularly those who have been elected we focused on quality. I will elaborate Senator MIKULSKI know about them since 2006—who know what regular on that in more detail. and will talk about them. order is. A quick thumbnail of it means Way back when this bill was first At this stage, I wish to step down and legislation is brought to the floor, we signed into law, it was under George turn this matter over to Senator MI- offer an open amendment process, de- Herbert Bush. It was so women could KULSKI first, and then Senator BURR. bate, deliberate, and vote. This is how go from welfare to work. President We invite Senators to come over. We we hope to be able to proceed today. Clinton came in, and part of the wel- will continue through lunch and dis- There will be no strong-arming, no fare reform was to be able to do that. cuss, debate, talk, and begin voting on stiff-arming, no heavy hand, just reg- Now it is a new day, and we want to the Child Care and Development Block ular order, regular debate, with every make sure that childcare not only Grant Reauthorization. Senator having the opportunity to helps the parents but it also focuses on Mr. ALEXANDER. I yield the floor. have their day and their say. This is the children. We want to ensure that The PRESIDING OFFICER. The Sen- how the Senate should operate. when parents leave their children at ator from Maryland. What also excites me in coming to daycare, they know their children’s Ms. MIKULSKI. Madam President, I the floor is not only being the Senator providers are trained, that the environ- am so pleased to bring to the floor this from Maryland, but also, as the Pre- ment is safe, and their program will

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1549 help their children prepare for their childcare is available and the cost is reauthorization bill, with my good education. affordable because of this Federal friend Senator MIKULSKI. I must say we We know there are differences in voucher program. wouldn’t be here if it weren’t for the North Carolina compared to Maryland. I think Senator MIKULSKI would cooperation of Senator HARKIN and We know there are differences in Utah agree with me in saying we hope we Senator ALEXANDER. Senator HARKIN compared to Maine. So what we have never see a program that waits this has a long history of interest and in- provided is the ability to make sure long to be reauthorized. Every program volvement with policies that affect there is incredible State flexibility. I here deserves to be reevaluated every 5 children. He is passionate about it. will go into that in more detail. years—No. 1, on its effectiveness, and Senator ALEXANDER has a similar life- I hope my colleagues will join Sen- No. 2, do we still have the problem we time commitment, a Senator who has ator BURR, Senator ALEXANDER, Sen- had when the program was started. I served as the education governor of ator HARKIN, and myself in passing this daresay in her time here—and she has Tennessee, the Secretary of Education bill. I look forward to further debate been here a lot longer than I have, and of the United States, and the president and discussion. I don’t say that with regard to her of the University of Tennessee in Knox- The PRESIDING OFFICER. The Sen- age—there are programs still on the ville. So both of them come with a tre- ator from North Carolina. books that don’t have a constituency mendous amount of expertise and pas- Mr. BURR. Madam President, I anymore. But the hardest thing for sion for this issue. thank the Chair, and I thank my good Congress to do is to get rid of some- This legislation is actually necessary friend and colleague from Maryland, thing or to consolidate. I think Sen- to build on what the Child Care Devel- opment Block Grant Program was es- Senator MIKULSKI. ator MIKULSKI and I have always taken In the Senate, for those of us who the attitude that if we can make this tablished for. As I said earlier, 1.6 million children nationally are served have been around for a while, we under- better and have a positive effect on the today—74,000 in North Carolina—and stand how it works. I am not sure the folks it was intended for, then that is there tends to be a lot of talk in this media does justice to the American our job. That is our responsibility as body about strengthening job training, people in terms of how difficult it is for Members of the Senate. legislation to actually pass the Senate. So I certainly look forward, after the getting people back to work, and As a matter of fact, the historical 2 years we have spent on an issue— incentivizing self-reliance. I wish to threshold of 67 and then 60 in agree- some might listen to the debate today recommend to my colleagues that is exactly what the Child Care Develop- ment means that if a Senator is a seri- and say: Geez, why didn’t they go to ment Block Grant Program does. It ous legislator and their interest is to the floor and pass it by unanimous con- says to a family: Work and we will help work on good policy—not perfect; I sent? you with childcare. Get additional edu- think Senator ALEXANDER said we have That is an option. But we also believe never seen a perfect bill—then the first we are not perfect, and by reaching out cation and we will help you with thought that goes through a Senator’s to Members and colleagues and saying: childcare. But one of the problems since 1996 mind as they work on a legislative Come to the floor; if Senators can when this program was created was the agenda is, who on the other side of the make this bill better, then come to the way we looked at one’s income was an aisle can I look to whom this would be floor and offer amendments—if a Sen- instantaneous snapshot. So as a parent, appealing to from the standpoint of ator comes to the floor with an amend- if I was offered a second shift where I their interests and, No. 2, an individual ment and we think it makes the bill could earn a little more money, I would who understands how to get through worse, then we are going to vote look at how that might affect my difficult times? I am here to say to my against it, but we promise this: We will child’s childcare voucher and realize colleagues that BARBARA MIKULSKI is a have a vote. That is an important part that they will take my voucher away if Senator who fills that category not of the Senate, that Members always I take that second shift or if I work just as it pertains to this legislation feel they can put their fingerprints, overtime and get time-and-a-half pay. but as it pertains to so much because they can put their State’s interest into Well, this is evidence that we have of her great depth of knowledge and, every piece of legislation whether or looked at all angles. We have reached more importantly, her tenacity and her not they are on that committee or sub- out to the communities that are af- willingness to tell people no and to committee. We have now, with this fected. We have talked to people who pursue what is right. Because at the bill, returned to a process that I think are providers. We have talked to par- end of the day—I think I can speak for reaches out and incorporates that. ents. We have looked at the difficulties both of us—this is not about headlines; Let me say to our colleagues, it is they struggle with, because our intent this is about looking at a generation of our intent when I finish speaking to is to make sure we have a piece of leg- kids who will be benefited by reforms start accepting amendments. At some islation that parents can choose to ac- to a reauthorization that hasn’t hap- point, with both leaders’ agreement, cept that shift offer, can accept work- pened since 1996. this afternoon we will target a period ing overtime and know they are not Historically on this issue, George when we will vote on whatever stacked going to be adversely affected because H.W. Bush started the program, and it amendments we have been able to proc- now we are looking at the yearlong was under the Clinton administration, ess. After that, we will hopefully go versus the individual snapshot. under welfare reform, that we formal- back and consider more amendments. I So through Federal vouchers, parents ized these vouchers. The vouchers were think it is our intent to not have votes who demonstrate that they are work- really created so families who strug- tonight but to work with the leaders in ing or they are in job-training pro- gled to keep a job and were low income order to roll those votes to tomorrow grams or furthering their education but had childcare needs didn’t have to morning. and who are below 85 percent of the worry about the childcare piece. There Let me make this perfectly clear to State median income are eligible to re- was Federal assistance that was deter- our colleagues: It is our intent to finish ceive the childcare voucher and to use mined on a sliding scale. this bill tomorrow afternoon, period. that at a childcare provider of their By the way, let me say to my col- So the way to effect positive change in choice in their State. This is not one leagues, if a State doesn’t provide a this legislation—to get Senators’ input where we are saying: You have to go waiver to a family, then they have skin into it and fingerprints on it—is to not here and you have to go there. We open in the game on these vouchers. So this wait until tomorrow afternoon but to it for the choice of the parent. is not free across the board. come down this afternoon and debate In addition, CDBG requires families, This has benefited now 1.6 million the amendments, process the amend- as I said earlier, to have skin in the families. In North Carolina, there are ments, and let’s work as the Senate is game on a sliding scale based upon 74,000 vouchers on an annual basis that designed to work. So I encourage my their income. As a block grant, States benefit our children. Those are family colleagues on both sides of the aisle to have great flexibility in how they ad- members who are either in education do that. minister these funds but are generally or who work, and they can commit to I rise today to speak about S. 1986, required to set health, safety, and qual- those jobs because they know that the childcare development block grant ity guidelines to promote parental

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1550 CONGRESSIONAL RECORD — SENATE March 12, 2014 choice, assist parents in becoming possible so parents are armed with all by my good friend Senator MIKULSKI. independent through work promotion, the information they need when they She was tireless at inviting experts. and provide good consumer informa- shop for childcare under the Federal She sought practitioners in all of our tion so parents can make good deci- childcare vouchers. States. It was that, and the leadership sions about their child’s care. Fourth, in keeping with the max- of our chairman and our ranking mem- S. 1086, the legislation we have of- imum flexibility afforded to States ber, that brings us here today. fered, would reauthorize this law for under the CDBG, this bill provides I believe this legislation will go a the first time since 1996. It would do so States the option of seeking waivers long way toward improving childcare by making some commonsense changes from any Federal law that funds early in our country but also toward pro- that address the realities which I have learning or childcare that might have moting self-sufficiency and independ- highlighted, prioritizing the safety of conflicting or onerous results for the ence for working parents. This is not a children who receive care with Federal delivery of that care and requires the Federal handout. This is a partnership dollars. Secretary of HHS to work with other between the Federal Government and First, we would require all providers agencies to provide a waiver for those the opportunity for parents to have a and individuals who have unsupervised requirements so States and childcare better life. I think the way we have ad- access to children to submit to a crimi- providers can focus on providing qual- dressed the commonsense changes in nal background check. That check ity care and not just complying with reauthorization makes it more likely, would ensure our young children are Washington’s confusing set of require- not less likely, that more parents will not left alone with individuals who ments. In other words, the focus of this succeed at that. have committed felonies such as mur- is to make sure the childcare quality So I encourage my colleagues to sup- der, rape, child abuse, neglect, robbery, component is the single most impor- port this bill. But I really do stress and other serious offenses. This provi- tant feature to providers. with my colleagues, now is the time to sion is the result of legislation I intro- Fifth, it promotes continued employ- come to the floor. Bring your amend- duced over the past several Congresses ment incentives for parents to move ments to the floor. Let’s debate the called the Child Care Protection Act, higher in their careers by providing amendments. Let’s vote on the amend- which I believe will do a great deal to better guidance to States on how they ments. Let’s prove the Senate can improve the safety of our children. determine the eligibility of parents and function in a very open process because Let me just stop there and say this is their children. To me, it is just com- in this particular case those vulnerable incredible because I think most Ameri- mon sense that we should not penalize parents and those children, who are the cans probably believe these back- a parent from taking on an extra shift next generation, really do matter and ground checks take place today. And to or working overtime. But at the same what we do really does affect them. some degree they are right. States such time we require States to make sure I thank the Presiding Officer, I thank as North Carolina have been respon- that only the most needy parents re- my colleague from Maryland, and I sible, and they do carry out some de- ceive the childcare vouchers and that yield the floor. gree of background checks—although they can demonstrate they are fol- The PRESIDING OFFICER. The Sen- not all States, not all providers. But lowing the law’s work rules. Let me ator from Maryland. when this bill becomes law, it will say say again—because I think this is lost Ms. MIKULSKI. Madam President, I to all States and to all providers that because we have not talked about this know we will be offering amendments receive Federal vouchers: You must do in almost two decades—for many in the throughout the afternoon, and we look this. You must assure every parent communities we all represent, this is forward to ample debate and discussion that these felons are not part of the the difference between a family being on them. workforce that has unsupervised access able to keep a job or to be 100 percent I want to reiterate my appreciation to your children. on assistance. What we have is a Fed- to Senator BURR for the way we have Second, this bill asks States to mon- eral program that is not just bene- worked together on this bill. He was itor through inspections the quality of ficial, we have the data to prove it very generous in his comments to me childcare settings so that basic health works, and that matrix continues to be and about me, and I appreciate it. But and safety precautions are taken. in place. what I so appreciated in working with Many States currently conduct no Finally, it asks States to place a him is that his whole focus was: How checks at all for certain settings or greater emphasis on building quality do we protect these children? And his conduct them years apart, all while care settings by gradually increasing work to ensure that the children are providers receive State and Federal tax the amount of Federal dollars that can safe when they are at the daycare, re- dollars. At the very least, parents who be set aside from the current law’s 4 gardless of the size of the provider, was are working several jobs just to make percent to 10 percent over the several important. So, yes, we have good back- it should know that their child is in years that must be used to improve ground checks. At the same time, we someone’s care who has been trained in quality programs. were looking at health and safety the basics of CPR, fire prevention, and Let me explain. Today, we say you standards, making sure the staffs are other commonsense precautions. can set aside up to 4 percent for qual- at least trained in the elements of first I think one of our colleagues—Sen- ity. We want to extend that. We want aid, so that if the children needed help ator LANDRIEU—will come to the floor to create an incubator that is an in- because they swallowed something— sometime this afternoon and offer an vestment in what we can do to further until the 911 responders could be amendment that requires evacuation enhance the quality of what these chil- there—they would have that training. plans. Well, for a Senator from Lou- dren are exposed to. That is really important. isiana who lived this firsthand, this is I think Senator HARKIN, Senator Yet we had to look at it in a way in really important. It is a great job of ALEXANDER, and Senator MIKULSKI which we did not overregulate. So we where a Member’s amendment is going have all pointed out that when we go wanted quality standards, but we did to help to perfect our bill. For anybody from infancy to age 13, we have the ma- not want to have so many rules, so who lives in a coastal State such as jority of the learning period of a child’s many regs—exactly what Senator North Carolina—I am sorry I didn’t life. Some of it we pick up in the edu- ALEXANDER cautioned us about: Let’s think of exactly what she did—but cation system. But if they go to not overregulate so that we then stifle when we look at tornadoes and when childcare after that or they go to or end up shrinking the pool. So we, we look at fires, we are all susceptible childcare before it, we want to make again, worked on what—the phrase to the need of a daycare facility having sure the quality of that, and, more im- ‘‘sensible center’’ comes from Colin an evacuation plan so that local offi- portantly, the innovation of that qual- Powell: that if we work hard and listen cials and, more importantly, parents ity, is such that all students, all chil- to each other, we can find that sensible and the providers who work there un- dren can advance because of it. center. So it was the balance between derstand what to do. This bipartisan legislation is the re- Federal standards but also local flexi- Third, it asks States to make trans- sult of work in the HELP Committee. bility on the best way to achieve those parent all the information as widely as It was influenced and really ramrodded standards, and also to help States pay

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1551 the bill for the training. One of the as- but when you cannot really hear, and stacked, any additional amendments pects of our bill is to set aside 3 per- the doctors are doing the most for you that need to be debated and voted on, cent of funding to expand access to im- to help you, you still need to be in an and it would be Senator MIKULSKI’s and prove the quality of care, especially for environment that acknowledges that my intent, and it is our goal—and when infants and toddlers—the most vulner- and is helping with the learning in she has a goal, let me say to my col- able populations because they cannot childcare, at your pace, your way, so leagues, she will achieve that goal—it tell you things. They cannot tell you that your language skills are also de- is our intent and our goal to finish this where they hurt or some of these other veloping because language and brain bill tomorrow afternoon. things. development are tied together. So We want to make sure we have ac- In addition, the amounts States set without the proper environment, this commodated every Member who has an aside for quality improvement also little girl would have been doubly dis- amendment, every Member who wants must be at least 10 percent within 5 advantaged—one, with the physical sit- to make an improvement to this bill, years of enactment. And States must uation from birth, but then the learn- but we ask Members to come to the say what they choose to invest in. We ing situation because of where she was. floor, preferably today, to introduce hope not only to have reporting and ac- Well, fortunately—with her mother that, call it up, debate it, let us sched- countability but to get an idea for best working in the field of daycare, work- ule in a queue of votes, and we will feel practices that we can circulate among ing at an agency that provides infor- more confident of exactly the timeline providers. We think this will be impor- mation and resources, with the help of we are on as that process starts. tant. the childcare subsidy—this little girl I remind my colleagues that the key The other area we focused on was in could be in the daycare that she needs, enhancements in this bill are it im- the area Senator BURR talked about, to not only look out to see that her proves quality while simultaneously providing protections for children who physical needs are being met but that ensuring that Federal funds support receive assistance. That is exactly her learning needs are being met. low-income and at-risk children and fa- what I heard in Maryland. This is all Isn’t that a great story? But here is cilities; two, it addresses the nutri- income based; in other words, your a mother who is working, a bit tional and physical activity needs of voucher. This is a means-tested pro- strapped financially, but with her own children in a childcare setting; three, it gram. But if your means change in the sense of motherhood and personal re- is strengthening coordination and the program, you could lose your daycare. sponsibility, she found what she need- alignment to contribute a more com- So it was an actual disincentive from ed. The childcare subsidy was able to prehensive early childhood education improving yourself or maybe taking a help her pay for the daycare, and now and care system; four, it meets the seasonal job. So if you had the oppor- this little girl has a chance. It is going needs of children with disabilities who tunity perhaps to work in retail during to be a challenging future for her, but require childcare; five, it provides pro- the holiday season—exactly for your she is up for this challenge. tections for children and families who own family’s holiday celebration—you That is what this is. This is not only receive assistance; six, it safeguards were going to be tremendously dis- about numbers and statistics. So when the health and the safety of children. advantaged because it would be a we talk about improving quality, we I cannot think of points that are boost, it would look like you were have really tried to take into consider- more important as it relates to going up, when actually your income ation these needs. changes to a bill that was created in might be the same if you have taken Daycare is expensive. In Maryland, 1996 and still embraces, I might say, that part-time job. the Maryland Family Network tells me the context that it was negotiated in, We want to reward work. We want to that they had—with all of the licensed which was welfare reform. reward personal responsibility. So we daycares—over 23,000 children who How do we provide the avenue for were able to provide that flexibility were on the wait list for this program— more individuals to enjoy what great that when parents redetermine their not for daycare—that is even larger— things this country has to offer for eligibility, they will give them ample but for this program. those who are willing to work? Welfare opportunity to do so. So if your child is So this is why we want to pass this reform was a pathway, bipartisanly in daycare, and you take that part- bill and really be able to move forward agreed to, to lead people from unem- time job or your income goes up, you on it. But, again, I am going to come ployment to employment and hopefully will not lose the daycare you have for back to this bipartisan effort of focus- to continue to whatever degree of pros- that year or that determination. We ing on safety, security, and also learn- perity they chose to pursue. thought that was important. ing readiness. We all know that means you have to The other was meeting the needs of Madam President, I yield the floor, have a partner and you have to have children with disabilities. This is a and I will say more later. flexibility, whether that flexibility is strong passion of Senator HARKIN, a The PRESIDING OFFICER. The Sen- being able to meet the hours that well-known advocate for people with ator from North Carolina. might put you up for a promotion or to disabilities, and I know he will speak Mr. BURR. Madam President, I want get the skills you need to consider a to that. But it will require States to to take this opportunity to say to my different career or the next level. examine: What are they doing to co- colleagues, we are now at a point where Every parent should probably look at ordinate with the IDEA programs, we would like to consider amendments. this as I did with mine; that they are again for preschool-age children with So if you have improvements to this the single most important part. There disabilities. Often a child who faces a bill, it is now after lunch. Before you are sacrifices every parent makes for disability is at a disadvantage because take a nap, come down to the Senate themselves because of what they pro- the daycare they are in does not pro- floor, offer your amendment. Let’s talk vide for their children. That is the mote learning. about it, and let’s process as many as right thing to do. But through this I have a constituent in Maryland. we possibly can. It is our intent to con- partnership, for 1.6 million children She spoke at our press conference yes- sider amendments for the majority of and for 900,000-plus families, we have terday. Her name is Cathy Rivera. She the afternoon, at some point—with the now provided for over two decades a is the mother of two children, ages 7 cooperation and agreement of leaders Federal program that helps make that and 2. She is also a resource person on both sides—to set a time that we decision so it is not either/or; they can working at the CentroNia family cen- would then vote on the amendments pursue a career, they can pursue ad- ter, which is information services and that have been processed, hopefully vancement, they can increase their also focuses on early childhood edu- continue to take some amendments skills, they can increase their education. early in the evening, but our intent cation without sacrificing that Federal Her little girl was born without an would be not to have votes tonight so subsidy that provides them the ability ear. That is rough going. So imagine that the schedules are predictable, and to drop their kids off in the morning being an infant, then a toddler, trying to come back in the morning, with the and those kids are taken care of. to learn a language, your family is bi- leaders’ agreement, at a specified time This is a win-win. It is what welfare lingual—that could be a great asset, to consider the votes that might be reform was written to do. I am proud

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Let’s debate them, let’s the Girl Scout law says this: ‘‘I will do Scout Cookie program, but beyond the vote them, but we are going to finish my best to be honest and fair, friendly cookies, this program is the largest tomorrow afternoon. and helpful, considerate and caring, and most successful business run by I suggest the absence of a quorum. courageous and strong, and responsible girls in the world, earning nearly $800 The PRESIDING OFFICER. The for what I say and what I do, and to re- million a year. By participating in this clerk will call the roll. spect myself and others, respect au- program, girls are taught five essential The assistant legislative clerk pro- thority, use resources wisely, make the entrepreneurial skills, including goal- ceeded to call the roll. world a better place, and be a sister to setting, decision-making, money man- Ms. MIKULSKI. Madam President, I every Girl Scout, and a sister to every agement, people skills, and business ask unanimous consent that the order Boy Scout.’’ ethics. This has helped the Girl Scouts for the quorum call be rescinded. I think this is great. To Girl Scouts teach their members financial literacy The PRESIDING OFFICER. Without everywhere, whether they are Daisies and business skills, and has inspired objection, it is so ordered. or senior leadership, we say congratu- generations of women business owners Ms. MIKULSKI. Madam President, I lations on the 102d anniversary. But I and executives. reiterate Senator BURR’s request. Peo- want to do a particular shout out to The mission of the Girl Scouts has ple wanted an open amendment proc- the leaders, people who give of their been and continues to be building girls ess. We are open. Come on and amend. own time and their own dime to help of courage, confidence, and character, We are looking forward to it. While we young women learn about their coun- who make the world a better place. In are waiting for our Members to come try, the world they live in, working that respect, I commend the Girl careening to the floor to offer amend- collegially and in comradeship, cama- Scouts for launching a program in 2012 ments—by the way, 20 have been filed, raderie with others. known as Be a Friend First, or BFF, to so here we are. I believe the values I learned as a tackle bullying among middle school I wish to comment on something Girl Scout, though I smile about it girls. A recent study found that girls else. today, were the lessons of a lifetime. developed key relationship and leader- GIRL SCOUTS Quite frankly, if I can live up to the ship skills from this program, and that You notice I am dressed in green Girl Scout law, I think I will be a pret- Hispanic girls experienced a particular today. I also have on a Girl Scout pin. ty good Senator. So hats off to Girl benefit from the Girl Scouts’ gender- Do I not look like a Girl Scout stand- Scouts everywhere, a big thanks to the specific program. ing here? I feel like a Girl Scout. I was leaders who do it, and let’s eat those I would also like to applaud the Girl a Girl Scout. Once a Girl Scout, always cookies, even if you are on a different Scouts for their continuing efforts to a Girl Scout. kind of program than they are often encourage careers in the Science, Tech- Today we are celebrating the 102nd called for. nology, Engineering, and Math, STEM, anniversary of Girl Scouts in America. I yield the floor. fields. Only 1 year after they were What started out as a group of 18 girls The PRESIDING OFFICER. The Sen- founded, in 1913, the Girl Scouts began in Georgia, organized by Juliette Low, ator from North Carolina. awarding their first merit badges in has grown into an organization of 3.2 Mr. BURR. Madam President, let me STEM fields, the electrician badge and million girls and women. admit I was not a Girl Scout. I guess I the flyer badge. Today, the Girl Scouts As a Girl Scout, I knew firsthand should have assumed BARBARA MIKUL- continue to encourage girls to consider about what it was like learning, about SKI was a Girl Scout because scouting pursuing careers in STEM fields. For leadership and service. I loved working has made a significant difference in the the United States to be able to con- on my badges. I liked the camaraderie lives of so many, not just in America tinue to remain the world’s leading in- of working with other girls on the var- but globally. novator, the participation of women in ious challenges we had. I was a child It is many of the qualities that come STEM fields is critical. Therefore I during World War II. The Girl Scout from that experience that lead to some commend them for their efforts to- program run out of our parish was very of our most important national lead- wards increasing the participation of important. It provided important ac- ers, both in the past and in the future. women in STEM careers and education. tivities for girls after school. There So I join her in recognizing this signifi- On this Girl Scout Day, for these rea- were comparable Cub Scouts and Boy cant milestone for the Girl Scouts. I sons and for many others, I applaud the Scouts, just like we had the Daisies know it must be challenging in today’s Girl Scouts for the outstanding work and the Girl Scouts. nutritional environment to actually that they do in our communities and These were important activities be- fund everything off of cookies. But as for girls across America. cause in my community women were we have seen the drastic change in the I yield the floor. working as ‘‘Rosie the riveter.’’ So way they are marketed, I will assure The PRESIDING OFFICER. The Sen- these afterschool programs were crit- you we are raising a generation of Girl ator from Nevada. ical so we could be in a safe environ- Scouts who are the most creative in Mr. HELLER. I ask unanimous con- ment. We learned wonderful skills. We how they market and sell their prod- sent to speak as in morning business learned about our responsibilities. ucts to fund their programs of any gen- for up to 10 minutes. The PRESIDING OFFICER. Without I cannot think enough about Ms. eration I have seen today. Helen Nimick, who was my Girl Scout I think when kids are challenged at objection, it is so ordered. (The remarks of Mr. HELLER are leader. I wanted to grow up and be like that age to be their own entrepreneurs, printed in today’s RECORD under Ms. Nimick, who seemed to know how it is good for this country. We should ‘‘Morning Business.’’) to do 43 things with oatmeal boxes. I do be proud as parents and we should con- Mr. HELLER. Madam President, I not know if they did it in the days of tinue to support programs such as suggest the absence of a quorum. the Presiding Officer; there is a little Scouting. The PRESIDING OFFICER. The bit of an age difference between us. Mr. MENENDEZ. Madam President, I clerk will call the roll. But you know what I loved the most wish to pay tribute to the Girl Scouts The assistant legislative clerk pro- were our pledges. I will just say today, as the organization celebrates Girl ceeded to call the roll. first of all, you know the Girl Scout Scout Day. One hundred and two years Mr. HATCH. Madam President, I ask promise: ‘‘To serve God and my coun- ago, on March 12, 1912, Juliette unanimous consent that the order for try, to help people at all times, and ‘‘Daisy’’ Gordon Low founded the first the quorum call be rescinded. live by the Girl Scout law.’’ Pretty chapter of the Girl Scouts of the The PRESIDING OFFICER. Without good. But here is the Girl Scout law. I United States of America in Savannah, objection, it is so ordered. actually carried this in my wallet. I GA. Today, the Girl Scouts count over Mr. HATCH. Madam President, I rise will tell you why. Because if you follow 2 million girls as members, including today to discuss my disappointment in

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1553 the recent turn of events involving the without even trying to offset any of full repeal of the doc fix. Almost every sustainable growth rate formula, or the cost. Sadly, these same Democrats week, the White House delays or re- what we call the SGR or the doc fix. don’t seem to care that they have peals another part of ObamaCare, so it Enacted in 1997, the SGR was conceived quickly turned what was a true bipar- is time for the American people to get as a means of trying to balance the tisan accomplishment into another a reprieve as well. It is the right thing budget by restraining health care costs partisan political ploy. This is deeply to do. But I am interested in a result. in Medicare, but it was deeply flawed disappointing. I want to fix the SGR system once from the start. Its reimbursement cuts I am very sympathetic to those who and for all, and I hope that after this to physicians would cripple seniors’ say that since Congress has never let pointless exercise designed for political ability to get the quality health care the SGR go into effect, we should not cover we can come together to do what they deserve from their doctors. have to pay for it. But let’s be honest— is right. Let’s go back to our winning Consequently, since 2002, when the there is no way that right now a bill formula and get our bipartisan, bi- SGR came into effect, Congress has that would add close to $200 billion to cameral negotiations underway to find patched it on a regular basis, and there the deficit is ever going to pass the a responsible path forward. has been bipartisan support for doing House. And I don’t blame the House. Look, I like both of our leaders. They so. These ‘‘patches’’ have frequently This is reality. are strong people. They have differing been cobbled together at the midnight Democrats in the Senate have blast- philosophies. There is much to com- hour between leadership of both parties ed the House SGR repeal bill that is mend both of them and I suppose some and included in larger legislation, paid for by repealing ObamaCare’s indi- would say much to criticize in each without the input of the Members or vidual mandate. The Senate majority case. But there is no reason for this even going through the regular legisla- leader has said that what the House is type of ramming something through tive process. Now, this perverse annual doing has ‘‘no credibility’’ and that that has no chance of passing the dark-of-night ritual has to stop. Sen- House Republicans ‘‘gotta find some- House. Frankly, it doesn’t have much iors and physicians understand that. thing else’’ to pay for it. But can’t the chance of having any Republican sup- Republicans and Democrats in the very same thing be said of what the port at this point because we believe House and Senate understand that. Senate Democrats are doing—that this kind of a program has to be offset For the better part of a year, Con- their plan has ‘‘no credibility’’ and to literally be valid and to be viable. I gress—to the surprise of many—worked that they have to find a way of paying think everybody here knows that, and to fully repeal the SGR and replace it for this if they are going to do it? I so we have to find an offset to do it. If with more reasonable reforms that think we all know the answer to that. we can’t find an offset, we have to keep moved Medicare’s physician fee-for- I just don’t understand how we have the SGR alive until we do. But to make service reimbursement system toward gotten here. I don’t understand why it into a partisan game at this point, a system that rewards doctors for pro- there are these unfortunate attempts after all the bipartisan work that has viding quality care based on outcomes, to poison a bipartisan product with been done, is really a tragedy. and we have made tremendous needless partisanship. We all want to We were on the verge of getting this solved. I hope that doesn’t happen this progress. Senator BAUCUS and I worked repeal the SGR, so let’s dispense with for months on a bill that sailed the games and get back to work fig- time because a lot of us have worked through the Finance Committee on a uring out a real path forward and one our guts out to get this to this point, bipartisan basis. The two relevant that involves an offset. on both sides of the aisle. It would be House committees passed bipartisan What is even more astonishing is an absolute tragedy if we can’t get the legislation repealing the SGR as well. that Senate Democrats are proceeding cooperation to get this through. Then, in a turn of events that is all in this manner on the very week some The Democrats, if they do not like too rare these days, the chairman and of my colleagues are trying to make the offset the House has come up with, although it seems to make sense to me, ranking members of the Senate Fi- the Senate work. Senators BURR and they control this body, can come up nance Committee, the House Ways and MIKULSKI have put forward a bill that Means Committee, and the House En- the Senate is set to consider to reform with an offset both sides can agree to. ergy and Commerce Committee worked the Child Care and Development Block But we have to have an offset and we tirelessly to come up with one unified Grant Program. That is an important have to do this the right way or we will policy that House and Senate Demo- bill—certainly to me because I was one be right back at base one after all the crats and Republicans could all sup- of the few who rammed that through work that has been put into it in a bi- port. Believe it or not, we succeeded. way back when and took a lot of flak partisan way to get this done. Madam President, I yield the floor, We succeeded by involving all stake- in the process. But it has worked amaz- and I suggest the absence of a quorum. holders, including the influential ingly well. The PRESIDING OFFICER. The American Medical Association, in a Now Senators BURR and MIKULSKI clerk will call the roll. fair and equitable manner that resulted have put forward this bill, after a lot of The bill clerk proceeded to call the in near-unanimous support across the work by Senator ALEXANDER and Sen- roll. health care community. For the first ator SCHUMER to get the Senate work- The PRESIDING OFFICER (Mr. time since its enactment in 1997, the ing again, to allow amendments and COONS). The Senator from Wyoming. House and Senate united behind a pol- debate, and I have to say I commend Mr. ENZI. Mr. President, I ask unani- icy that gets rid of this flawed Medi- them, and I think Senators BURR and mous consent that the order for the care reimbursement system. MIKULSKI deserve great applause and quorum call be rescinded. So, Madam President, if we have commendation, as do Senators ALEX- The PRESIDING OFFICER. Without moved this far, what is the problem? ANDER and SCHUMER. That is what I objection, it is so ordered. Why am I disappointed? Well, I am don’t understand. AMENDMENT NO. 2812 going to tell you. Everybody here knows I have a Mr. ENZI. Mr. President, I ask unani- Last night I was informed that the record of working across the aisle, mous consent that the pending amend- majority leader is bringing straight to sometimes to the chagrin of Members ment be set aside and I be allowed to the floor of this body the very policy of my own party and certainly some- call up my amendment No. 2812. we successfully negotiated—tacking on times to the irritation of some of our The PRESIDING OFFICER. Is there what are known as the health care ex- very far-right people in Utah. Why turn objection? tenders which the Finance Committee this bipartisan proposal into a partisan Without objection, it is so ordered. passed but which were not included in exercise when so many Senators want The clerk will report. what the House and Senate agreed to work together to fix the problems The bill clerk read as follows: upon with the SGR. But—and here is the American people face each and The Senator from Wyoming [Mr. ENZI] pro- the problem—the Democrats have no every day? poses an amendment numbered 2812. plans whatsoever to pay for it. So Sen- Let me be clear. I support what Mr. ENZI. I ask unanimous consent ate Democrats want to pass a bill that House Republicans have proposed. It is that the reading of the amendment be has a roughly $177 billion price tag a reasonable approach to paying for a dispensed with.

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1554 CONGRESSIONAL RECORD — SENATE March 12, 2014 The PRESIDING OFFICER. Without care, typically through a voucher rior, Justice, Labor, Housing and objection, it is so ordered. which parents can use at the home- Urban Development, General Services The amendment is as follows: based program or childcare center of Administration, and the Appalachian (Purpose: To require the Secretary of Health their choice. Regional Commission. and Human Services, in conjunction with My amendment requires the Secre- We have to believe we ought to be the Secretary of Education, to conduct a taries of Health and Human Services able to do some consolidation there review of Federal early learning and care and Education to carry out an inter- and save some money and improve the programs and make recommendations for departmental review of all early learn- quality of programs while we are at it. streamlining the various programs) ing and childcare programs adminis- In a recent GAO report issued on At the appropriate place, insert the fol- tered by the Federal Government—and February 5, 2014, GAO noted that as of lowing: we have lots of them. December 2013, Education and Health SEC. ll. REVIEW OF FEDERAL EARLY LEARNING We all agree the funding invested in and Human Services has taken initial AND CARE PROGRAMS. early education programs saves tax- steps toward greater coordination but (a) IN GENERAL.—The Secretary of Health had not yet included all Federal agen- and Human Services, in conjunction with the payers money down the road. So for a Secretary of Education, shall conduct an long time the Federal Government has cies which administer these early interdepartmental review of all early learn- been doing a lot to increase access to learning and childcare programs in ing and care programs in order to— these important programs. Federal their established interdepartmental (1) develop a plan for the elimination of du- support for early learning and workgroup. plicative and overlapping programs, as iden- childcare developed over time to meet This amendment takes a further step tified by the Government Accountability Of- emerging needs, but at this point mul- in identifying fragmentation, overlap, fice’s 2012 annual report (GAO-12-342SP); and tiple Federal agencies administer this duplication, and inefficiencies in the (2) make recommendations to Congress for Federal Government’s delivery of nu- streamlining all such programs. important investment through numerous programs. merous learning and care programs be- (b) REPORT.—Not later than 1 year after yond the Government Administration the date of enactment of this Act, the Sec- What my amendment does is ask retary of Health and Human Services, in con- Health and Human Services and the Organization’s report. Streamlining sultation with the Secretary of Education Department of Education to report programs to eliminate duplication is and the heads of all Federal agencies that back to Congress with a plan for elimi- essential for program integrity and administer Federal early learning and care nating duplication and overlap, as well good governance but also for elimi- programs, shall submit to the Committee on as a plan with ways we can streamline nating service gaps for eligible chil- Health, Education, Labor, and Pensions of these programs. dren. the Senate and the Committee on Education We are doing a lot. We can do better and the Workforce of the House of Rep- Every year the Government Account- ability Office, GAO, submits a report to with less through coordination and get- resentatives, a detailed report that outlines ting it down to where there are less the efficiencies that can be achieved by, as Congress with recommendations for well as specific recommendations for, elimi- ways to reduce duplication, overlap, sources and less places where there has nating duplication, overlap, and fragmenta- and fragmentation in Federal Govern- to be permission, regulation, and over- tion among all Federal early learning and mental programs. In its 2012 annual re- sight. We can do better for the kids, care programs. port to Congress, GAO recommended and all we are asking for with this is to Mr. ENZI. Mr. President, when the the Department of Education and come up with a plan. It doesn’t force Child Care and Development Block Health and Human Services should ex- anything, but hopefully it is a plan we Grant Program was first created in the tend their coordination efforts to other will pay attention to and not just put 1990s, it was seen primarily as a way to Federal agencies with early learning it on the shelf. help parents enter the workforce or get I yield the floor. and childcare programs to combat pro- The PRESIDING OFFICER. The Sen- job training. gram fragmentation, simplify chil- ator from Iowa. The program, which is administered dren’s access to these services, collect Mr. HARKIN. Mr. President, I first by the U.S. Department of Health and the data necessary to coordinate oper- thank Senator ENZI again for working Human Services, gets about $5.2 billion ation of these programs, and identify with us for a long time on the com- a year in Federal funding plus State and minimize overlap and duplication. mittee to put this bill together, and I matching funds, although the fiscal GAO identified 45 early learning and thank him for this amendment. year 2014 appropriation is approxi- childcare programs funded by the Fed- Basically, GAO’s 2012 annual report mately $2.4 billion. eral Government. Twelve of these pro- noted the Department of Education The last reauthorization of this programs explicitly provide only early and Health and Human Services should gram took place nearly 20 years ago. learning or childcare services. These 45 be increasing their coordination efforts This bipartisan CCDBG reauthoriza- programs are administered by multiple in dealing with childcare and early tion, the Mikulski-Burr-Harkin-Alex- agencies, including the Department of learning programs. This amendment ander bill, puts a greater emphasis on Education, Department of Health and would require them to collaborate and the quality of the childcare programs Human Services, Department of Agri- conduct a comprehensive review of the children are entering. The bipartisan culture, Department of the Interior, 45 programs which currently support bill would refocus the program on qual- Department of Justice, Department of early learning and childcare across the ity, not just access. Labor, Department of Housing and country. This would ensure better co- The legislation emphasizes the pro- Urban Development, the General Serv- ordination, reduction in duplication, tection of vulnerable populations, ices Administration, and the Appa- and effective programming for chil- incentivizing self-sufficiency and indi- lachian Regional Commission. When I dren. vidual responsibility. The bill also im- was chairman of the HELP Committee, I say to my friend from Wyoming, on proves coordination among Federal the late Senator Ted Kennedy and I Monday I was in my home State of early childhood education programs. worked to eliminate duplication and Iowa, in Des Moines, visiting an early As a block grant, States have a great overlap in programs under our jurisdic- learning center. On Saturday, I was in deal of flexibility in how they admin- tion—we got it down from about 119 to Ames visiting an early learning center ister child care and development block 69—but could not look at any of the in preparation for this bill to be on the grant funds but are generally required programs administered by other agen- floor. Monday, I was meeting with ev- to set health, safety, and quality guide- cies. We knew there was room for eryone there. With all of the different lines, promote parental choice, assist streamlining programs at other agen- funding streams which come through parents in becoming independent cies, but we couldn’t work on it, which and all of the different cross-purposes, through work promotion, and provide was frustrating and shows how far- I finally said: Stop a minute. I am con- consumer information so parents can flung some of these programs are. Let fused. make decisions about their child’s me report again: the 45 programs ad- They said: If you are confused, so are care. The money helps States provide ministered by multiple agencies, in- we. grants to low-income parents to cover cluding not only Education but Health Even the people running the pro- the cost of childcare and afterschool and Human Services, Agriculture, Inte- grams—everything has some different

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1555 thing they have to fill out paperwork the Health, Education, Labor & Pen- early childhood education that we con- for to qualify. sions Committee, and while he was sider centers of excellence, and I hope So I am particularly sensitive to the there he focused on trying to help us Senator ENZI’s amendment is adopted Senator’s amendment, having just spend our money more efficiently— today because it will help us. It will tried to wade through all of that just a which all of us want to do. make us a better steward of taxpayer couple days ago in Iowa. Sometimes we forget that Head Start dollars, and that means doing a better I thank my friend from Wyoming. It is not the only early learning program job of helping children. is a good amendment and should be we have in the country. It is the most Thank you, and I yield the floor. adopted. We certainly support the famous. It is best known. It is very The PRESIDING OFFICER. The Sen- amendment. popular with most people. It is about ator from Iowa. $8.6 billion, but the bill we are debating The PRESIDING OFFICER. The Sen- AMENDMENT NO. 2818 today, the child care and development ator from North Carolina. Mr. HARKIN. Mr. President, on be- Mr. BURR. Mr. President, I also ap- block grant, is another $5.3 billion. It is half of Senator LANDRIEU, I ask unani- plaud my colleague Senator ENZI. This two-thirds the size of Head Start and mous consent to set aside the pending is a needed amendment. It makes the affects 1.5 million children. And then amendment and call up her amendment bill better. there is another of $5 billion or so of No. 2818. I will note for my colleagues, most Federal funding for early learning and The PRESIDING OFFICER. Is there recently the 2014 Omnibus appropria- early childhood. Without getting into a an objection? tions legislation created two new pro- debate about whether we should have Without objection, it is so ordered. grams, including the Early Head Start- new programs, I think there is a con- Child Care Partnerships Program fund- sensus among most of us that we The clerk will report. ed at $500 million and the Race to the should at least start by taking the The bill clerk read as follows: Top pre-K program funded at $250 mil- money we are spending for early child- The Senator from Iowa [Mr. HARKIN], for lion. hood and spend it wisely. Ms. LANDRIEU, for herself and Ms. MIKULSKI, I point these out because both of One step we took a few years ago was proposes an amendment numbered 2818. these further underline the inter- to create centers of excellence for Head Mr. HARKIN. Mr. President, I ask actions which might exist with the cur- Start. This was, I believe, in 2007. The unanimous consent that reading of the rent programs. I would think any at- idea there was that the Governor of amendment be dispensed with. tempt of this would be an administra- each State would be permitted to pick The PRESIDING OFFICER. Without tive responsibility to find ways to con- at least two communities or cities objection, it is so ordered. solidate, but clearly this is a case where they were doing the best job of The amendment is as follows: where more is not better. spending money in a coordinated way (Purpose: To require a statewide child care This requires the Secretary to look for early learning and childhood devel- disaster plan) at all these programs and find ways to opment. Not only are these 18 billion On page 98, strike line 15 and insert the fol- consolidate in a way which provides a Federal dollars being spent, but many lowing: better outcome for those who are the States have additional funding for view. beneficiaries. So I urge my colleagues early childhood, most States have kin- ‘‘(U) DISASTER PREPAREDNESS.— to support this amendment. dergarten programs, and many States ‘‘(i) IN GENERAL.—The plan shall dem- I also say to my colleagues, through have programs for 3-year-olds and 4- onstrate the manner in which the State will their staffs, it is probably the intent of year-olds. The idea was to see if we address the needs of children in child care services provided through programs author- the Senate to have some votes about could encourage Nashville or Denver or ized under this subchapter, including the 2:30. I think there are notifications Des Moines to take a look at all the need for safe child care, during the period be- going out on both sides, but I just want children between 0 and 6 and all the fore, during, and after a state of emergency Members to be aware. We are trying to dollars being spent—public, private, declared by the Governor or a major disaster accommodate the afternoon schedules Federal, State and local—and see who or emergency (as such terms are defined in of both sides of the aisle on commit- is doing the best job of putting that all section 102 of the Robert T. Stafford Disaster ments they have, one at the White together. It is always a problem with a Relief and Emergency Assistance Act (42 House and a Member’s meeting on big, complex country such as this when U.S.C. 5122)). ‘‘(ii) STATEWIDE CHILD CARE DISASTER Ukraine this afternoon. So it is our in- you have a decentralized government PLAN.—Such plan shall include a statewide tent right now to have up to two votes and there are several layers. There are child care disaster plan for coordination of by 2:30 this afternoon. lots of silos, and children don’t live in activities and collaboration, in the event of I yield the floor. silos. They are by themselves needing an emergency or disaster described in clause The PRESIDING OFFICER. The Sen- help and we need to find a way of get- (i), among the State agency with jurisdiction ator from Tennessee. ting the money to them. So the centers over human services, the agency with juris- Mr. ALEXANDER. Mr. President, of excellence was a modest beginning diction over State emergency planning, the might I ask the Senator from Iowa and to try to encourage better spending of State lead agency, the State agency with ju- the Senator from North Carolina, is it risdiction over licensing of child care pro- what is up to $18 billion of money al- viders, the local resource and referral organi- not also likely, given the good progress ready being spent. zations, the State resource and referral sys- we are making, we may be able to have I think Senator ENZI’s amendment, tem, and the State Advisory Council on another vote or two between 5 and 5:30 which I strongly support, would give us Early Childhood Education and Care as pro- this afternoon so as not to interfere more information about how to better vided for under section 642B(b) of the Head with meetings or the briefing many spend the Federal dollars we already Start Act (42 U.S.C. 9837b(b)). Senators are attending at 5:30? spend for early childhood. I simply ‘‘(iii) DISASTER PLAN COMPONENTS.—The Mr. BURR. I would say, it is our in- wanted to call the attention of the components of the disaster plan, for such an tent probably right before the Ukraine Senate and others who may be paying emergency or disaster, shall include— ‘‘(I) guidelines for the continuation of child briefing to hopefully be in a position to attention to that centers of excellence care services in the period following the dispose of about two additional amend- program. In the committee chaired by emergency or disaster, including the provi- ments. the Senator from Iowa, we had excel- sion of emergency and temporary child care Mr. ALEXANDER. So that would be lent testimony from the representative services, and temporary operating standards two votes at 2:30 and perhaps two more from Denver who had one of the first for child care providers during that period; at probably about 5:15. centers of excellence. She talked about ‘‘(II) evacuation, relocation, shelter-in- Mr. HARKIN. I concur. the progress they have made in taking place, and lock-down procedures, and proce- Mr. ALEXANDER. Mr. President, I all the available money and using it in dures for communication and reunification thank the Senators from Iowa and with families, continuity of operations, and the most effective way to help chil- accommodation of infants and toddlers, chil- North Carolina. dren. dren with disabilities, and children with I also thank the Senator from Wyo- I hope as we move along through the chronic medical conditions; and ming for his leadership. For a number process of dealing with the debate ‘‘(III) procedures for staff and volunteer of years he was the ranking member of about how do we do a better job of training and practice drills.’’.

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1556 CONGRESSIONAL RECORD — SENATE March 12, 2014 AMENDMENT NO. 2822 The PRESIDING OFFICER. Without There appears to be a sufficient sec- Mr. HARKIN. On behalf of Senator objection, it is so ordered. ond. FRANKEN, I call up his amendment No. The Senator from Minnesota. The clerk will call the roll. 2822. Mr. FRANKEN. Thank you. The bill clerk called the roll. The PRESIDING OFFICER. Is there AMENDMENT NO. 2822 Mr. DURBIN. I announce that the an objection? I rise in strong support of the child Senator from West Virginia (Mr. Without objection, it is so ordered. care development and block grant, or ROCKEFELLER) is necessarily absent. The clerk will report. CCDBG, and to urge my colleagues to The bill clerk read as follows: Mr. CORNYN. The following Senator support the amendment Senator MUR- is necessarily absent: the Senator from The Senator from Iowa [Mr. HARKIN], for KOWSKI and I put forward. Florida (Mr. RUBIO). Mr. FRANKEN, for himself, Ms. MURKOWSKI, Our amendment would help strength- IRONO ALDWIN URRAY The PRESIDING OFFICER (Ms. Ms. H , Ms. B , Mrs. M , and en CCDBG by making sure we are ad- Mr. THUNE, proposes an amendment num- HEITKAMP). Are there any other Sen- dressing some of our Nation’s commu- bered 2822. ators in the Chamber desiring to vote? nities that will benefit most from it, Mr. HARKIN. I ask unanimous con- The result was announced—yeas 98, sent that reading of the amendment be the people who are members of tribes or tribal organizations all over this Na- nays 0, as follows: dispensed with. [Rollcall Vote No. 72 Leg.] The PRESIDING OFFICER. Without tion. American Indians experience ex- objection, it is so ordered. ceptionally high unemployment levels YEAS—98 The amendment is as follows: compared with the rest of the Nation. Alexander Franken Moran Furthermore, American Indian chil- Ayotte Gillibrand Murkowski (Purpose: To reserve not less than 2 percent dren and youth experience some of the Baldwin Graham Murphy of the amount appropriated under the Barrasso Grassley Murray Child Care and Development Block Grant poorest educational outcomes in Amer- Begich Hagan Nelson Act of 1990 in each fiscal year for payments ica. These are exactly the sort of chal- Bennet Harkin Paul to Indian tribes and tribal organizations) lenges CCDBG is designed to address. Blumenthal Hatch Portman Blunt Heinrich Pryor On page 136, strike lines 8 and 9 and insert Our amendment would lift the current Booker Heitkamp the following: ceiling on tribal childcare funding so Reed Boozman Heller Reid (1) in subsection (a)— CCDBG can go to where the funds are Boxer Hirono Risch Brown Hoeven (A) in paragraph (2)— needed most. This would enable more Roberts Burr Inhofe (i) by striking ‘‘The Secretary’’ and insert- Sanders funds to flow to tribes and tribal orga- Cantwell Isakson ing the following: Schatz nizations but without reducing the Cardin Johanns Schumer ‘‘(A) IN GENERAL.—The Secretary’’; Carper Johnson (SD) amount that goes to States. The Scott (ii) by striking ‘‘1 percent, and not more Casey Johnson (WI) than 2 percent,’’ and inserting ‘‘2 percent’’; amendment specifies that the amount Chambliss Kaine Sessions and of CCDBG funds reserved for tribes Coats King Shaheen (iii) by adding at the end the following: only rises if the overall funding level Coburn Kirk Shelby Cochran Klobuchar Stabenow ‘‘(B) LIMITATIONS.—Notwithstanding sub- for CCDBG goes above its current lev- Tester paragraph (A), the Secretary shall only re- Collins Landrieu els. Coons Leahy Thune serve an amount that is greater than 2 per- I thank our cosponsors, Senators Corker Lee Toomey cent of the amount appropriated under sec- MURRAY, THUNE, HIRONO, BALDWIN, and Cornyn Levin Udall (CO) tion 658B, for payments described in subpara- Crapo Manchin Udall (NM) HEITKAMP, for their support of this graph (A), for a fiscal year (referred to in Cruz Markey Vitter this subparagraph as the ‘reservation year’) amendment. I thank Senators HARKIN Donnelly McCain Walsh if— and ALEXANDER and Senators MIKULSKI Durbin McCaskill Warner ‘‘(i) the amount appropriated under section and BURR for working together to bring Enzi McConnell Warren Feinstein Menendez Whitehouse 658B for the reservation year is greater than this bill to the floor. Fischer Merkley Wicker the amount appropriated under section 658B Thank you very much. Flake Mikulski Wyden for fiscal year 2014; and I would yield for my colleague from ‘‘(ii) the Secretary ensures that the North Carolina. NOT VOTING—2 amount allotted to States under subsection The PRESIDING OFFICER. The Sen- Rockefeller Rubio (b) for the reservation year is not less than ator from North Carolina. the amount allotted to States under sub- The amendment (No. 2812) was agreed Mr. BURR. Mr. President, I rise in to. section (b) for fiscal year 2014.’’; and strong support of the amendment, and (B) by adding at the end the following: Mr. HARKIN. Madam President, I I urge my colleagues—this is a reason- Mr. HARKIN. Mr. President, I ask move to reconsider the vote, and I able improvement to the bill, and I unanimous consent that at 2:30 p.m. move to lay that motion on the table. think Senator FRANKEN stated it very today the Senate proceed to votes in The motion to lay on the table was well. agreed to. relation to the following pending This amendment increases the The PRESIDING OFFICER. The Sen- amendments, in the order listed: Enzi amount of CCDBG funding set aside for amendment No. 2812 and Franken ator from Tennessee. tribes from not more than 2 percent to amendment No. 2822; further, that no Mr. ALEXANDER. Madam President, not less than 2 percent. It sounds like second-degree amendments be in order for the benefit of Senators, I wish to not much of a difference, but this has a to either amendment prior to the ask something about the schedule. I tremendous impact on the predict- votes. would like to ask the Senator from ability to tribes of the dollars that are The PRESIDING OFFICER. Is there Iowa, the Senator from North Carolina, an objection to the request? going to be available to them. So I would urge my colleagues to and Senator MIKULSKI about the sched- Without objection, it is so ordered. ule of this bill. We are off to a fast Mr. HARKIN. Mr. President, I would support the Franken-Murkowski amendment. start. We have the Franken amend- like to modify my request for unani- ment to be voted on now. This is my mous consent that the second vote be a I yield the floor. The PRESIDING OFFICER. The Sen- understanding of the schedule, and I 10-minute vote. want to see if I have it about right and The PRESIDING OFFICER. Is there ator from Iowa. then ask the chairman and the floor objection? Mr. HARKIN. I wish to join with Sen- Without objection, it is so ordered. ator BURR in supporting the amend- managers if it is right. Mr. HARKIN. I suggest the absence of ment. We expect there to be a colloquy a quorum. AMENDMENT NO. 2812 from 3 o’clock until about 4 o’clock in- The PRESIDING OFFICER. The The PRESIDING OFFICER. Under volving several Senators on the child clerk will call the roll. the previous order, the question is on care and development block grant. The bill clerk proceeded to call the agreeing to amendment No. 2812. Then at 5:15 we expect to have a vote— roll. Mr. BURR. I ask for the yeas and at least one vote—and may accept oth- Mr. FRANKEN. Mr. President, I ask nays. ers by voice and maybe have some unanimous consent that the order for The PRESIDING OFFICER. Is there a nominations. Senators who have other the quorum call be rescinded. sufficient second? amendments are free to come and

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1557 speak between 4 o’clock and 5 o’clock. Walsh Warren Wicker health information technology. That We would expect to have other votes Warner Whitehouse Wyden includes mobile wellness apps, sched- tomorrow before lunch and finish the NAYS—6 uling software, and electronic health bill, it is my understanding, if we don’t Cornyn Paul Shelby records. Under current law, which was run into a snag, right after lunch to- Lee Sessions Toomey established in 1976, the FDA can apply morrow, about 2:00 or 2:15. That is the NOT VOTING—1 its definition of a ‘‘medical device’’ to course we hope to be on. Rubio assert broad regulatory authority over I thank Chairman HARKIN and Sen- a wide array of health IT, including ap- The amendment (No. 2822) was agreed ator MIKULSKI and Senator BURR for plications that do not pose any threat to. getting us off to a fast start. We have to human safety. The PRESIDING OFFICER. The Sen- had about 20 amendments from both Our amendment allows the FDA to ator from Maryland. sides brought forward. We have been keep its focus on regulating medical Ms. MIKULSKI. Mr. President, now, able to deal with them all. devices, while creating a modernized for the next hour, you are going to see Is that about right in terms of the oversight framework for low-risk cat- the women of the Senate, on a bipar- schedule? egories of health IT. Since proposing tisan basis, speaking up on the issue of The PRESIDING OFFICER. The Sen- this amendment, I have had the oppor- childcare. We have worked long and ator from Iowa. tunity to speak with Senator ALEX- hard together. Mr. HARKIN. Yes, that sounds ex- ANDER, the ranking member of the Sen- I am going to withhold my time and ate HELP Committee. I am happy to actly how we are proceeding. turn to the Senator from Nebraska. I thank the Senator from Tennessee say he has expressed an interest in that What you need to realize is we are not amendment. That is identical to the for all the good work and the coopera- a caucus. We disagree on many things, tion we have had on both sides. I think language introduced as a stand-alone but on childcare we are united that bill called the PROTECT Act. we are on a good path. this bill is a good bill. It could be im- I reiterate and reemphasize that if I look forward to having the oppor- proved through the amendment proc- tunity to work with him and com- anyone has amendments they want to ess. We recognize that. offer and speak about, I would say be- mittee members to advance the core So here we are, as a force trying to ideas included in the PROTECT Act, tween 4 and 5 is a good time to do it change the tone, trying to change the today. Then we will have two votes because I believe with the guidance of tide, and really help America’s chil- the committee, and with the guidance probably around 5:15. We are hoping dren. maybe one can be voice voted at that of other Senators, we will be able to I yield to Senator FISCHER. time. achieve another bipartisan success in The PRESIDING OFFICER. The Sen- this Chamber. AMENDMENT NO. 2822 ator from Nebraska. At Senator ALEXANDER’s request, and The PRESIDING OFFICER. Under Mrs. FISCHER. Mr. President, I rise in response to his kind offers to work the previous order, the question is on today to speak about the reauthoriza- collaboratively on the PROTECT Act, I agreeing to amendment No. 2822. tion of the Child Care and Development have agreed not to formally offer this Mr. BURR. I ask for the yeas and Block Grant Program. I thank the Sen- amendment to the bill on the floor, but nays. ator from Maryland for her courtesy. I do look forward to working with the The PRESIDING OFFICER. Is there a In addition, I would like to address an Senator from Tennessee and others to sufficient second? amendment I have proposed to the un- improve upon that. There appears to be a sufficient sec- derlying bill. Again, I thank the leadership of Sen- ond. Promoting policies that enable job ator MIKULSKI, Senator ALEXANDER, The clerk will call the roll. creation is a basic duty of the people’s and Senator BURR on the important The bill clerk called the roll. government. This bill we have on the legislation before us today. I thank Mr. CORNYN. The following Senator floor before us now provides low-in- them for their work. I thank them for is necessarily absent: the Senator from come, hard-working mothers and fa- their courtesies in allowing me to rise Florida (Mr. RUBIO). thers with the opportunity to have and speak on this very important The PRESIDING OFFICER (Mr. quality childcare while they earn a amendment. I also thank them and HEINRICH). Are there any other Sen- steady paycheck or as they go back to look forward to working with them on ators in the Chamber desiring to vote? school. the PROTECT Act in the future. The result was announced—yeas 93, Americans work hard. They work I yield the floor. nays 6, as follows: hard to provide for their families and The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 73 Leg.] to make a better life for their children. ator from Maryland. YEAS—93 As a mother and a grandmother I un- Ms. MIKULSKI. I now yield 5 min- derstand that knowing your children Alexander Fischer McConnell utes to the Senator from New York, Ayotte Flake Menendez are safe and secure is essential to another cosponsor of the bill, Senator Baldwin Franken Merkley maintaining a steady job. We need to GILLIBRAND. Barrasso Gillibrand Mikulski encourage responsible adults to enter The PRESIDING OFFICER. The Sen- Begich Graham Moran Bennet Grassley and to maintain their presence in our ator from New York. Murkowski workforce. That is why I appreciate my Blumenthal Hagan Murphy Mrs. GILLIBRAND. Mr. President, I Blunt Harkin Murray colleagues’ work and their compromise wish to start by thanking Senator MI- Booker Hatch Nelson on this bipartisan legislation. I also ap- KULSKI for championing the reauthor- Boozman Heinrich Portman Boxer Heitkamp preciate how this effort has helped to ization of the Child Care and Develop- Brown Heller Pryor bring some regular order back to the ment Block Grant Program, which is a Reed Burr Hirono processes of the Senate. I especially bipartisan bill that reflects the values Cantwell Hoeven Reid Cardin Inhofe Risch want to recognize Senators BARBARA of this country. It serves more than 1.5 Carper Isakson Roberts MIKULSKI, LAMAR ALEXANDER, and million children nationwide every Casey Johanns Rockefeller RICHARD BURR, who I know worked month, including over 120,000 children Chambliss Johnson (SD) Sanders very hard in a collaborative and bipar- in New York State alone. I also thank Coats Johnson (WI) Schatz Coburn Kaine Schumer tisan fashion in order to get this bill to Chairman HARKIN for his leadership in Cochran King Scott the floor. bringing this important legislation Collins Kirk Shaheen As part of that process, I filed a pro- through the committee and to the Coons Klobuchar Stabenow posed amendment that I have with floor. Corker Landrieu Tester ING UBIO Crapo Leahy Thune Senator K and Senator R to the Everywhere I go in my State of New Cruz Levin Udall (CO) child care and development block grant York I listen to families. I hear the Donnelly Manchin Udall (NM) reauthorization. Our bipartisan amend- exact same sense of struggle from Durbin Markey Vitter Enzi McCain ment is a commonsense solution to the every single one of them, that they are Feinstein McCaskill FDA’s overregulation of low-risk doing everything they can do to get by,

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1558 CONGRESSIONAL RECORD — SENATE March 12, 2014 to provide for their kids and give them $14,000 for two kids or more. That small grandchildren, I think how can I the best possible chance to succeed. makes perfect sense, because in New help be part of that process of saving But no matter how hard they work, York, the average daycare for a toddler for college. Yet 1 year of daycare is making ends meet is difficult. Their is $12,000; for an infant it is almost more expensive than 1 year of tuition day-to-day expenses keep going, while $15,000. This will go a long way to mak- at a public university. This is too much their paychecks either stay the same, ing sure our hard-working middle-class for many of our families to afford. Very or, sadly, are diminished. families have the funds they need to difficult choices are being made, As a result, too many families feel provide for their kids. choices that families are agonizing they cannot get ahead. So for our econ- I yield the floor. over. omy to get going again, it has to face The PRESIDING OFFICER. The Sen- This is especially unaffordable for so the reality that the face of the Amer- ator from Maryland. many hard-working families who are ican workforce has changed. We still Ms. MIKULSKI. Mr. President, I trying to climb the ladder of oppor- have workplace policies that reflect yield 5 minutes to the Senator from tunity, trying to get into the middle the realities of decades ago, in the 1950s Michigan, also a sister social worker class or maybe holding on by their fin- and 1960s. But in fact, today, 48 percent and a real advocate for good nutrition gertips and trying to stay in the mid- of the workforce in my State are for children. dle class. That is why we have child women. Ms. STABENOW. Mr. President, first, care and development block grants to In order for us to unleash the full po- as everyone else, I congratulate our be able to help families afford a neces- tential of our economy, we have to rec- leader on this issue and on so many sity and something that is critical for ognize that women are the new more issues, including having the right kind our society, which is having safe, af- often breadwinners of too many fami- of appropriations process to invest the fordable, quality childcare for our chil- lies. They are the primary income dollars that Americans work hard to dren. earners for a growing share across earn, to make sure they are invested in This is a critically important pro- America. For that reason, we have to ways that help families, children, and gram signed into law by President focus on an immovable reality for to help the middle class to be able to George H. W. Bush that 1.6 million working mothers. That is childcare. succeed in this country. children every month rely on; 1.6 mil- Today, more women are going back I thank Senator MIKULSKI, the senior lion children in our country and their to work sooner after having a child, Senator from Maryland. Her work on parents rely on this every month. creating a greater demand for afford- this issue, the child care and develop- States use this funding to help lowable childcare that allows them to stay ment block grant, has been extraor- income families gain access to quality, in their jobs. In 2012 New York ranked dinary and bipartisan, as is all of her affordable childcare and afterschool the second least affordable State in the work. She is laser focused on creating programs. These families are trying to Nation for full-time daycare for an in- opportunities for children and families make ends meet and make sure their fant, according to a report by Child to succeed. children have the opportunities they Care Aware. I think all of, certainly, the women need to be successful. I want to stress A two-parent family in New York who are speaking today and hopefully that this funding goes to parents who spends an average of 16.5 percent of all of our colleagues understand that are working—are working—are train- their annual income to care for an in- quality, affordable childcare is not a ing for work or are enrolled in school. fant. For a single mom in New York, frill. I realize the Presiding Officer has I believe the reason we have strong the cost was greater than 57 percent of wonderful children as well and under- bipartisan support is people understand her income. If you cannot afford stands this is a necessity. how critical it is to hard-working fami- childcare, as many middle-class fami- We care for our children. We want to lies. This is an investment in our families cannot, and you do not have a fam- make sure we are able to work, put a lies. It is an investment in America’s ily option, the choice you are left with roof over their heads, food on the table, moms and dads. Sixty-five percent of is to leave your job and stay home to to be able to buy their school clothes moms work outside the home. In fact, care for your child. That means less in- and get them what they need, to be if they go back to work, they are earn- come for working families, more able to pay for college, and to be able women leaving the workforce and a ing, in Michigan, only 74 cents on every to do all the things we want to do for weaker middle class. It does not have dollar. They don’t get a discount on ourselves, our children, and our fami- to be this way. We can keep more their childcare, just because women are lies. The costs of childcare are part of working mothers in their jobs and only getting three-quarters of a salary. that equation, being able to do those more children in quality daycare when Somehow, they are still paying the full things for our families that we need to we make it affordable. price, but this is particularly critical Our policies must reflect today’s re- do. for women across America. ality that women have to work for a The average cost of childcare for 2 This program helps millions of fami- living. It is not a lifestyle choice for children is $14,872 a year. I have heard lies, as I indicated, especially moms— most working mothers, it is a fact of from my friend and colleague from New especially moms getting back to work survival. That is why I support Senator York that it was higher in New York. I without having to worry about whether MIKULSKI’s outstanding bill, because it am sure it is higher in many places. their children are going to be safe. will make daycare more affordable for But, on average, across the country, Talk about peace of mind, this is millions of children every single year. families are having to come up with al- peace-of-mind legislation for moms and It is also why I am a cosponsor of Sen- most $15,000 a year which equals, if dads to make sure their children will ator BOXER’s amendment that will dou- they are working minimum wage, a 40- have a quality place, affordable place, ble the childcare tax credit families hour workweek, working full time for a and a safe place to be while they are can take to cover the cost of childcare year. Think about that. If someone is working to earn a living for their fami- and make it refundable. in a minimum-wage job—and hopefully lies. Making the tax credit refundable we are going to change that by raising It has now been 24 years since this would help those who are working and the minimum wage—trying to make it law was signed by President Bush, 18 struggling the most but do not earn and they work for 1 year, that is the years since it was last reauthorized. It enough to use the tax credit. It means average childcare cost for two children. is time to update it to reflect the more savings going right back into the That is why this investment in chil- changing conditions and challenges for pockets of working families. dren and families is so important. This our families. I also have an amendment that will is the highest household expense for This bipartisan reauthorization ad- make middle-class tax cuts better for many families. dresses issues facing families who need childcare expenses. It will let them de- In most States 1 year of daycare is childcare. It improves program quality, duct the cost of childcare as a business more expensive than 1 year of tuition making sure funds go to families in expense. at a public university. We are all talk- need; ensures children and childcare This proposal, called childcare deduc- ing to parents. They are all worried get the things they need to succeed: tion, will allow you to deduct up to about saving for college. With three good nutrition, which is so critical for

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1559 their growth, physical activity, well- I am proud to say that Wisconsin has and safety of childcare programs, fo- being by developing guidelines and in- long been a leader in investing in our cuses on supporting infants and tod- corporating health and wellness train- children early. Education for 4-year- dlers with high-quality care, and re- ing for professional development; mak- olds was part of Wisconsin’s Constitu- flects the realities of working families ing sure children’s needs are addressed tion in 1845, and the first kindergarten in this difficult economic environment. when children have disabilities. It is in the United States was founded in But, as importantly, I am proud to join very important for them and their fam- Watertown, WI, in 1856. Wisconsin is a bipartisan effort in Washington that ilies, making sure all childcare pro- nearing universal 4K, with over 90 per- is squarely focused on both parties viders are properly trained to care for cent of school districts offering kinder- working together to build a stronger children and have been screened. That garten for 4-year-olds. future for our middle class. means first aid, CPR, how to prevent My State has also recognized the im- I yield back. sudden infant death syndrome, child portance of effective collaborations to The PRESIDING OFFICER. The Sen- abuse, and undergoing a background support early childhood care and edu- ator from Maryland. check. cation. Wisconsin Early Childhood Col- AMENDMENTS NOS. 2813 AND 2814 EN BLOC The bottom line is this is a bill that laborating Partners is a statewide Ms. MIKULSKI. I ask unanimous we need to pass. I am grateful and ap- partnership representing over 50 public consent to make pending Landrieu preciative of the bipartisan support and private agencies, led by Wiscon- amendments No. 2813 and No. 2814. that has gotten us to this point, and sin’s Department of Public Instruction, The PRESIDING OFFICER. Without the 45 national organizations that sup- with the goal of providing every child objection, it is so ordered. port it, including the Afterschool Alli- access to a comprehensive delivery sys- The clerk will report the amend- ance, the American Professional Soci- tem for high-quality education and ments en bloc. ety on the Abuse of Children, the Na- care. The assistant legislative clerk read tional Association for Family Child I am proud that my State has under- as follows: Care, Teach for America, United Way taken a community approach to imple- The Senator from Maryland [Ms. MIKUL- Worldwide, and so many others. menting high-quality childcare and SKI], for Ms. LANDRIEU, for herself, Mr. I am pleased to join with all of my early education. More work remains to GRASSLEY, and Mr. INHOFE, proposes an colleagues and urge them that we pass be done, however, both in Wisconsin amendment numbered 2813. this bill as quickly as possible. and nationwide to ensure high-quality The Senator from Maryland [Ms. MIKUL- Again, congratulations to our leader, SKI], for Ms. LANDRIEU, for herself, Mr. childcare and education is accessible to BLUNT, and Mr. INHOFE, proposes an amend- the senior Senator from Maryland, who every family. ment numbered 2814. has gotten us to this point. I know we Our Nation continues to recover from Ms. MIKULSKI. I ask unanimous will get it all the way through the the most severe economic downturn consent that the reading of the amend- process. since the Great Depression. As our I yield the floor. ments be dispensed with. country continues this recovery, fami- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- lies have had to get by with less. Amer- ator from Maryland. objection, it is so ordered. icans are in need of affordable The amendments are as follows: Ms. MIKULSKI. I yield the floor to childcare now more than ever. My AMENDMENT NO. 2813 Senator BALDWIN of Wisconsin, one of home State of Wisconsin is no excep- (Purpose: To allow children in foster care to our newest Members but not new to tion to this trend. Today, many par- this issue. Her record in the House on receive services under the Child Care and ents are in the workforce, including Development Block Grant Act of 1990 while advocacy for children is well-known over 70 percent of mothers in Wis- their families (including foster families) and respected. consin. For many hardworking middle- are taking necessary action to comply The PRESIDING OFFICER. The Sen- class families, childcare is necessary with immunization and other health and ator from Wisconsin. but also expensive. For millions of safety requirements) Ms. BALDWIN. In America, we know families in the United States, childcare On page 82, lines 9 and 10, strike ‘‘to re- that quality education and a fair shot is their single largest household ex- ceive services under this subchapter while at work is the path to the middle class, pense at nearly $15,000 per year. their families’’ and insert ‘‘and children in economic security, and getting ahead. In Wisconsin, the cost of childcare foster care to receive services under this sub- Today we have an opportunity to make for an infant is approximately 40 per- chapter while their families (including foster families)’’. an important bipartisan action to help cent of a single mother’s median in- AMENDMENT NO. 2814 strengthen that path to the middle come. Two-parent families can expect class. to spend more than 10 percent of their (Purpose: To require the State plan to describe how the State will coordinate the For many families in this country, income on childcare. quality, affordable childcare is a chal- services supported to carry out the Child Further, in Wisconsin, nearly one- Care and Development Block Grant Act of lenge they struggle with every morn- third of children receiving the child 1990 with State agencies and programs ing. This is why President George H. care and development block grant serving children in foster care and the fos- W. Bush signed the child care and de- funding are under the age of 3, making ter families of such children) velopment block grant law in 1990, to this a truly sound investment in those On page 93, strike lines 3 and 4 and insert ensure that working families have ac- crucial years of early life. the following: cess to quality, affordable childcare. The Child Care and Development 11432(g)(1)(J)(ii)); Today I join a bipartisan group of my Block Grant Act is a bipartisan effort ‘‘(VII) State agencies and programs serving Senate colleagues in calling for reau- to reauthorize, reform, and revitalize children in foster care and the foster fami- thorization of the Child Care and De- the block grant program by strength- lies of such children; and velopment Block Grant Act because of ening Federal safety standards and ‘‘(VIII) other Federal programs the support it provides working fami- placing a greater focus on the quality Ms. MIKULSKI. Mr. President, I note lies across this country and across the of childcare programs. that on the floor are three outstanding State of Wisconsin, my home State. This investment in affordable quality Senators who wish to speak on this I thank HELP Committee Chairman childcare will help more than 1.5 mil- bill: Senator CANTWELL, Senator MUR- HARKIN and Ranking Member ALEX- lion children, including over 30,000 chil- KOWSKI, and Senator COLLINS. They ANDER, and Senator MIKULSKI and Sen- dren in Wisconsin. come as the deans of the Republican ator BURR for their working across I once again thank my colleagues for women. I ask unanimous consent that party lines to move this important leg- working in a bipartisan manner to they each be allowed to speak for 5 islation forward. guide us in reauthorizing this vital leg- minutes in the order in which I stated: This bipartisan work is an endorse- islation. High-quality childcare and Senator CANTWELL, Senator MUR- ment of our shared responsibility to education is essential to the future KOWSKI, and then Senator COLLINS. build a shared path to the middle class success of our children and our overall The PRESIDING OFFICER. Without that begins by investing in affordable success as a nation. objection, it is so ordered. childcare and high-quality early learn- I am proud to support this legislation Ms. CANTWELL. Mr. President, I ing programs. as it focuses on improving the quality thank Chairman HARKIN and certainly

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It allows tion, and the reauthorization of this the bipartisan Child Care and Develop- them to accept and keep a good job legislation—the Child Care and Devel- ment Block Grant Act of 2014. I also that will help pay those bills. It helps opment Block Grant Act of 2014—will commend Senator MIKULSKI and Sen- employers hire qualified employees help ensure that families have access ator BURR on their leadership in devel- who are then able to work. It helps the to quality, affordable childcare. oping a truly bipartisan bill as we are children get the foundation they need The Child Care and Development moving forward. They have worked both academically and socially to be Block Grant Program serves more than diligently and they have worked in a prepared to succeed in school and life. 1.6 million children per month nation- positive and constructive manner that Getting CCDBG-funded childcare up wide. In my State it serves more than does credit to the Senate operations. I to speed with the 21st century is a key 39,000 children per month. With the also would like to recognize and com- element in addressing income inequal- support of these grants, parents can mend Senator HARKIN and Senator ity and the deep recession that is still work, look for work, and participate in ALEXANDER, as they have brought this present for so many low-income Amer- job-training programs while their chil- bill through the committee and onto ican families. This is especially true dren receive affordable childcare at the floor. for American Indian and Alaska Native quality centers or in the child’s home. I believe this legislation walks that families. American Indians and Alaska The child care and development line between asking the States, our Natives experience exceptionally high block grants are a primary source of tribes, and providers to plan ways to unemployment levels compared to the Federal support for childcare assist- improve childcare quality without ac- rest of the Nation. I think the Pre- ance, and they play a key role in pro- tually dictating the who and how and siding Officer knows this from his moting healthy development of chil- the what of every aspect of childcare. State, but in many regions of Alaska dren, especially at young ages. Re- What the bill really does is it strength- unemployment among our Native peo- search on the effects of early childhood ens the ways in which providers can ple is more than double our statewide development has continually shown combine CCDBG, Head Start, title I, rate. In the lower 48, unemployment on that the foundation provided by early and IDEA funds to serve more kids, and our Indian reservations was at approxi- learning and childcare networks can if we can serve more kids, that is all mately 50 percent in 2012. prevent the achievement gaps at a good. It asks them to take an updated We also know that high-quality early young age. This bill enables States to look at how they serve children with education can have an important and invest in the programs that have prov- disabilities and how they will address positive effect on the often very dif- en to work for children and families. nutrition and fitness and health and ficult academic and social outcomes we In Washington more than half of the safety issues, but it will continue to let can see with our American Indians and children served by the child care and them figure out the best ways to our Alaska Native children if they do development block grants are younger achieve the goals, and that really does not have some of these foundational than 4 years old, so in my State these make sense. opportunities before them. So increas- grants are vital for preparing our In addition, as a result of the bipar- ing these families’ access to quality youngest children with the support and tisan nature of how this bill has come early education can have an important, skills they need to stay ahead once together, Alaskan voices were heard on positive effect on these children by im- they enter into kindergarten. this, and Alaskan concerns about sev- proving their academic outcomes and Professor Cathryn Booth-LaForce, at eral provisions in the original draft of their economic opportunities and real- the University of Washington, said: the bill were addressed. For example, ly bringing hope to the community. Child care affects so many children that States that will be required to perform I thank the Senators on the floor for for society at large, even small effects are health, safety, and fire inspections may supporting the amendment we just had important. delegate to qualified agencies those in- in front of us. Senator FRANKEN and I This bill would provide an additional spections that require specialized ex- had offered the tribal set-aside. This 22,000 children across our Nation with pertise. That helps us in Alaska. change, which moves the set-aside from childcare. That is a major effect. Ex- The committee report clarified that a ceiling to a floor, will provide tribes panding access to quality care can help States’ disaster preparedness standards with an opportunity to work with HHS thousands more children across the Na- include specific mention of children to receive additional support for the tion get a running start on school. By with disabilities and family reunifica- childcare opportunities that are so preventing achievement gaps for our tion. needed in Indian Country. youngest children, we are creating suc- I was pleased to work with my col- I am proud of the work we are doing cessful students and building a skilled league from Hawaii, Senator HIRONO, workforce for the future. to make sure the bill managers in- in the Senate this week. We could have This bill allows Washington to make cluded the technical amendments she hotlined this bill and passed it by the important investments in our had requested, which ensured that Na- unanimous consent, but I think the youngest learners and in our future tive Hawaiian children were not inad- path we have taken is the right one in economy. So I am so proud to be here vertently left out. bringing the bill to the floor and giving in support of this bipartisan effort, and I again thank Senators MIKULSKI, each Member the opportunity to be heard on ways to improve the bill. again I thank Senator MIKULSKI, Sen- BURR, ALEXANDER, and HARKIN for ac- Holding votes on amendments in the ator BURR, and others for working to- cepting those amendments that have gether at a time when people didn’t made this bill that much better. regular order is the right thing to do. I think this level of compromise would Mr. President, ensuring that families applaud the chairwoman and those who result in such an important piece of and children are well served by the have worked so hard, and I look for- legislation moving forward. childcare they pay for, in part with ward to supporting this bill as we see Once again I particularly wish to CCDBG assistance, is an important its conclusion. thank the dean of the women Senators, task before the Congress because this With that, I yield the floor. Senator MIKULSKI, for this effort and is not just about daycare or early The PRESIDING OFFICER. The Sen- encourage my colleagues to support learning, as important as those topics ator from Maine. this bill, S. 1086, and make sure we get are. The fact is that access to high- Ms. COLLINS. Mr. President, I am it passed before the end of this week. quality, safe, and affordable childcare pleased to join my colleagues this I yield the floor. is really the key component when we afternoon in expressing support for the

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According to there is a single mom working double and I too commend Senator MIKULSKI, the Centers for Disease Control and shifts because she might make the Senator BURR, Senator HARKIN, and Prevention, as well as the American minimum wage and she is trying to Senator ALEXANDER for crafting this Academy of Pediatrics, half of the ap- hold body and soul together or a mar- bipartisan bill and bringing it to the proximately 4,500 sudden infant death ried couple where the wife is working Senate floor for debate and amend- syndrome cases in the United States in the marketplace as a lab technician ment. are entirely preventable with effective and the father has a job which might Childcare for working parents is es- training and implementation of correct have him commuting more than 2 sential to families throughout the Na- sleep practices. I am very pleased this hours a day one way, they need to be tion, and Maine is no exception. For reauthorization includes sudden infant able to have affordable childhood care. years the CCDBG Program has assisted death syndrome prevention and safe What about the police officer who low-income parents in affording sleeping practices among the new works the night shift? When we say childcare. The support provided by this health and safety training topics for ‘‘police officer,’’ it could be female or important program enables parents to providers. male. obtain needed care for their children so Childcare is not only important to Our bill helps lift the burden, giving they may work or improve their own the developmental health of our chil- families and children the childcare skills and education. dren but also to the well-being of their they need. This is why I am so proud Mr. President, 2,600 children from parents. When parents know their chil- the Senate women have joined me to 1,800 Maine families receive Federal dren have a place to go where they will support this bill. Many families want childcare subsidies through this pro- be safe and where they will learn, then childcare which is reliable, undeniable, gram. Particularly during these dif- parents have the peace of mind to earn safe, affordable, and accessible. This ficult economic times, this program a living to support their families. bill does just that. goes a long way in helping families in Balancing the need to work with the So how does it work? The Federal Maine and across the country. need for childcare can be very difficult. Government provides States and Indian I have seen firsthand the impact of At times, a parent’s salary would be al- tribes with funding. This funding is high-quality early learning on a child’s most completely offset by the cost of used to help lower-income families af- ability to succeed and grow. Educare childcare in a low-income family. This ford childcare while their parents work Central Maine, located in Waterville, bill will help more parents get the sup- or train for work. Families are given which I visited a few years ago, is a port they need while reinforcing the re- vouchers based on their income level to state-of-the-art early learning center quirement for high-quality care in help cover the cost of care. These that serves more than 200 mostly low- healthy, stimulating, and safe environ- vouchers can be used by parents for income children from birth to age 5. ments. care in a childcare home, care in a rel- Almost half of these children come Mr. President, I urge all of my col- ative’s home or in a child care center. from families that are eligible for as- leagues to support this reauthorization Every month the CCDBG Program sistance, and many rely on the CCDBG bill. helps more than 1.5 million American voucher to help cover the cost of their I yield the floor. children. In my own home State of attending Educare. Educare is a great The PRESIDING OFFICER. The Sen- Maryland, 20,000 children are served example of quality childcare in my ator from Maryland. monthly; 20,000 families benefit from State and of the real impact of this Ms. MIKULSKI. Mr. President, I this. program’s funding at work in our com- thank the Senators from Maine and munities. Alaska for their comments, as well as So why is the program important? As I saw at Educare in Waterville, the Senator from Washington State. Childcare is expensive. Even when par- the vouchers provided under this pro- Wasn’t it impressive that for the last ents are contributing to childcare, it is gram allow parents to choose the best hour, from both sides of the aisle, the often one of their highest expenditures. childcare setting for their children. women of the Senate have spoken out. On average, Maryland families spend 20 That is a critical aspect of this pro- Yet this bill is not a woman’s bill. This percent of their family income on child gram. Vouchers give parents the flexi- is a family bill, where the men and care. Maryland has 54,000 working bility they want and need to make the women of the Senate came together on moms with infants under the age of 1 best choice for their children about the a bipartisan basis and have developed a year. The childcare for this is $13,000 a kind of care that best serves their framework for a sensible, affordable re- year. We have 148,000 single moms with needs, whether it is at a childcare cen- authorization of the Child Care and De- children under the age of 18. We have ter, at a family care home, or with a velopment Block Grant Act. 200,000 working moms with children relative or friend. The voucher pro- I am so pleased to be a part of this under the age of 6. Childcare for them gram helps to keep the decisions in the with Senator HARKIN, chairman of the for a 4-year-old is about $9,000 a year. hands of parents. health and education committee, Sen- This is more than what it costs to go to I am also pleased this reauthoriza- ator LAMAR ALEXANDER, and Senator a community college. This is what it tion requires coordination among the RICHARD BURR, my counterpart on the costs to go to more than some of the early learning advisory councils and subcommittee, where we worked so campuses at the University of Mary- Head Start and the IDEA programs hard to do this. land. that serve children with special needs. We the women of the Senate often Childcare is expensive. Taking care Aligning these programs will help to joke, but it is no laughing matter when of children who are preschool is expen- improve the quality of all services of- we say we work on the macro issues of sive because in order to do the right fered for infants, toddlers, and pre- our economy and of our national secu- thing they have to have trained staff school-aged children. rity. But we also work on the macaroni who not only provide a safe environ- High-quality early learning experi- and cheese issues affecting America’s ment for the children, but the kind of ences help ensure that children are families, and there is no bigger maca- environment which nurtures their de- well prepared for school. This bill im- roni and cheese issue than general edu- velopment, develops their mind, and proves the current program by making cation, and of course early childhood prepares them for school. This is why sure those providers receiving funding education, which occurs both in the we focused on high-quality childcare. are qualified, receive training, and are home—remember, the first teachers are Safeguarding their health and safety, regularly inspected and monitored. always the family—and then childcare. ensuring children have a continuity of I also express my gratitude to the With now more than 40 percent of care, making sure their nutritional members of the Health, Education, American women in the workforce, concerns are also addressed. We have Labor and Pensions Committee for in- childcare is indeed a compelling issue. done this, again, on a bipartisan basis cluding in this legislation provisions Childcare is one of the most impor- to make sure when we provide from the Child Care Infant Mortality tant decisions a parent can make in childcare, and we also provide local Prevention Act. That is a bill I intro- raising their child. Yet when one asks flexibility.

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1562 CONGRESSIONAL RECORD — SENATE March 12, 2014 The needs in a rural State like Utah On page 128, line 16, strike ‘‘chapter; and’’ ‘‘(F) a search of the State sex offender reg- or Montana are different than Mary- and insert ‘‘chapter;’’. istry established under that Act in— land or New York. Look at the lead On page 128, strike line 22 and insert the ‘‘(i) the State where the child care staff sponsors of this bill: Tennessee, North following: member resides; and ance with this subchapter. ‘‘(ii) each State where the child care staff Carolina, Iowa, Maryland. So we pro- member previously resided during the longer vide the local flexibility which is so ‘‘(5) after consultation with the Secretary of Education and the heads of any other Fed- of— important. eral agencies involved, issue guidance, and ‘‘(I) the 10-year period ending on the date This bill will make sure we have disseminate information on best practices, on which the background check is initiated; strong background checks to make regarding use of funding combined by States or sure the children are safe. We are going as described in section 658E(c)(2)(O)(ii), con- ‘‘(II) the period beginning on the date on to make sure they meet certain basic sistent with law other than this sub- which the child care staff member attained chapter.’’; and 18 years of age and ending on the date on health requirements where the staff which the background check is initiated. knows basic first aid. We are also going AMENDMENT NO. 2809 ‘‘(3) A child care staff member shall be in- to make sure there is money for train- (Purpose: To amend the Crime Control Act of eligible for employment by a child care pro- ing and curriculum development so 1990 to improve the quality of background vider if such individual— each child benefits in a safe learning checks for Federal agencies hiring, or con- ‘‘(A) refuses to consent to the background environment. tracting to hire, individuals to provide check described in subsection (a); child care services) ‘‘(B) makes a false statement in connection There is much more I could say about At the appropriate place, insert the fol- with such background check; this bill, but the most important is lowing: ‘‘(C) is registered, or is required to be reg- this. Let’s get our amendments done SEC. ll. SAFE CHILD CARE ACT. istered, on a State sex offender registry or and let’s move it. I am proud of what (a) SHORT TITLE.—This section may be the National Sex Offender Registry estab- we have done, and I really think that if cited as the ‘‘Safe Child Care Act of 2014’’. lished under the Adam Walsh Child Protec- we work together, we can offer our (b) BACKGROUND CHECKS.—Section 231 of tion and Safety Act of 2006; or amendments and be done by sometime the Crime Control Act of 1990 (42 U.S.C. ‘‘(D) has been convicted of a felony consisting of— tomorrow. 13041) is amended— (1) in subsection (a)— ‘‘(i) murder, as described in section 1111 of So I again reach out to all of my col- (A) in paragraph (1), by striking ‘‘subtitle 18, United States Code; leagues. We have a good bill. It is a bill section (b)(3)’’ and inserting ‘‘paragraph (3)’’; ‘‘(ii) child abuse or neglect; which helps families and, at the same and ‘‘(iii) a crime against children, including time, it does not really increase bu- (B) by redesignating paragraph (2) as para- child pornography; reaucracy. graph (4); ‘‘(iv) spousal abuse; I yield the floor and look forward to (2) by moving paragraphs (2) and (3) of sub- ‘‘(v) a crime involving rape or sexual as- a continuing debate on the bill. section (b) to subsection (a), and inserting sault; ‘‘(vi) kidnapping; The PRESIDING OFFICER (Mr. them after paragraph (1) of that subsection; (3) in subsection (a)(3), as redesignated by ‘‘(vii) arson; BROWN). The Senator from Iowa is rec- paragraph (2) of this subsection, by striking ‘‘(viii) physical assault or battery; or ognized. ‘‘subsection (a)(1)’’ and inserting ‘‘paragraph ‘‘(ix) subject to paragraph (5)(D), a drug-re- AMENDMENT NO. 2824 AND AMENDMENT NO. 2809 (1)’’; lated offense committed during the pre- Mr. HARKIN. Mr. President, I ask (4) in subsection (b), by striking paragraph ceding 5 years. ‘‘(4)(A) A child care provider covered by unanimous consent that the pending (1) and inserting the following: ‘‘(1) A background check required by subparagraph (3) shall submit a request, to the amendments be set aside, and call up section (a) shall be initiated through the per- appropriate State agency designated by a the following amendments: Bennet- sonnel programs of the applicable Federal State, for a background check described in Isakson No. 2824; and, Boxer-Burr No. agencies. subsection (a), for each child care staff mem- 2809. ‘‘(2) A background check for a child care ber (including prospective child care staff The PRESIDING OFFICER. Is there staff member under subsection (a) shall in- members) of the provider. clude— ‘‘(B) In the case of an individual who is objection? hired as a child care staff member before the Without objection, it is so ordered so ‘‘(A) a search, including a fingerprint check, of the State criminal registry or re- date of enactment of the Safe Child Care Act ordered. pository in— of 2014, the provider shall submit such a re- The clerk will report. ‘‘(i) the State where the child care staff quest— The assistant legislative clerk read member resides; and ‘‘(i) prior to the last day of the second full as follows: ‘‘(ii) each State where the child care staff fiscal year after that date of enactment; and ‘‘(ii) not less often than once during each 5- The Senator from Iowa [Mr. HARKIN], for member previously resided during the longer of— year period following the first submission Mr. BENNET and Mr. ISAKSON, proposes an date under this subparagraph for that staff amendment numbered 2824; ‘‘(I) the 10-year period ending on the date on which the background check is initiated; member. The Senator from Iowa [Mr. HARKIN], for ‘‘(C) In the case of an individual who is a or Mrs. BOXER and Mr. BURR, proposes amend- prospective child care staff member on or ‘‘(II) the period beginning on the date on ment numbered 2809. after that date of enactment, the provider which the child care staff member attained Mr. HARKIN. Mr. President, I ask shall submit such a request— 18 years of age and ending on the date on ‘‘(i) prior to the date the individual be- unanimous consent that the reading of which the background check is initiated; the amendments be dispensed with. comes a child care staff member of the pro- ‘‘(B) a search of State-based child abuse vider; and The PRESIDING OFFICER. Without and neglect registries and databases in— ‘‘(ii) not less often than once during each 5- objection, it is so ordered. ‘‘(i) the State where the child care staff year period following the first submission The amendments are as follows: member resides; and date under this subparagraph for that staff ‘‘(ii) each State where the child care staff AMENDMENT NO. 2824 member. member previously resided during the longer ‘‘(5)(A) The State shall— (Purpose: To require States that elect to of— ‘‘(i) carry out the request of a child care combine funding for early childhood edu- ‘‘(I) the 10-year period ending on the date provider for a background check described in cation and care to describe the manner in on which the background check is initiated; subsection (a) as expeditiously as possible; which they use the combined funding) or and On page 91, line 17, insert ‘‘efficiently’’ be- ‘‘(II) the period beginning on the date on ‘‘(ii) in accordance with subparagraph (B) fore ‘‘coordinate’’. which the child care staff member attained of this paragraph, provide the results of the On page 93, strike line 9 and insert the fol- 18 years of age and ending on the date on background check to— lowing: which the background check is initiated; ‘‘(I) the child care provider; and ‘‘(ii) OPTIONAL USE OF COMBINED FUNDS.—If ‘‘(C) a search of the National Crime Infor- ‘‘(II) the current or prospective child care the State elects to combine funding for the mation Center database; staff member for whom the background services supported to carry out this sub- ‘‘(D) a Federal Bureau of Investigation fin- check is conducted. chapter with funding for any program de- gerprint check using the Integrated Auto- ‘‘(B)(i) The State shall provide the results scribed in subclauses (I) through (VII) of mated Fingerprint Identification System; of a background check to a child care pro- clause (i), the plan shall describe how the ‘‘(E) a search of the National Sex Offender vider as required under subparagraph State will combine the multiple sets of fund- Registry established under the Adam Walsh (A)(ii)(I) in a statement that— ing and use the combined funding. Child Protection and Safety Act of 2006 (42 ‘‘(I) indicates whether the current or pro- ‘‘(iii) RULE OF CONSTRUCTION.—Noth- U.S.C. 16901 et seq.); and spective child care staff member for whom

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1563 the background check is conducted is eligi- be hired, by a child care provider to be income family spends over 32 percent of ble or ineligible for employment by a child volved with the provision of child care serv- their income on childcare every month care provider; and ices, as described in subsection (a).’’; and and about the same for their rent. ‘‘(II) does not reveal any disqualifying (5) by striking subsection (c) and inserting They don’t have much left over. It is crime or other related information regarding the following: the current or prospective child care staff ‘‘(c) SUSPENSION PENDING DISPOSITION OF very difficult. In California we have al- member. CRIMINAL CASE.—In the case of an incident in most 6 million children whose parents ‘‘(ii) If a current or prospective child care which an individual has been charged with are working, and in our State we were staff member is ineligible for employment by an offense described in subsection (b)(3)(D) able to help over 100,000 children a child care provider due to a background and the charge has not yet been disposed of, through this very important program. check described in subsection (a), the State an employer may suspend an employee from I commend the sponsors of this bill, shall provide the results of the background having any contact with children while on check to the current or prospective child the HELP Committee, for the great the job until the case is resolved.’’. work they have done. I have a couple of care staff member as required under subpara- (c) EFFECTIVE DATE.—The amendments graph (A)(ii)(II) in a criminal background re- made by this section shall take effect on Oc- amendments, and I will finish in just a port that includes information relating to tober 1 of the second full fiscal year after the moment. each disqualifying crime. date of enactment of this Act. Senator BURR and I have proposed ‘‘(iii) A State— Mr. HARKIN. Mr. President, I ask amendment No. 2809, which simply en- ‘‘(I) may not publicly release or share the sures that all childcare programs on results of an individual background check unanimous consent that at 5:15 p.m., Federal facilities, such as military described in subsection (a); and the Senate proceed to vote in relation ‘‘(II) may include the results of back- to the following amendments in the bases, conduct the same comprehensive ground checks described in subsection (a) in order listed: Landrieu No. 2818; Lan- background checks the bill already re- the development or dissemination of local or drieu-Grassley No. 2813; Landrieu- quires of childcare providers on State statewide data relating to background Blunt No. 2814; and Bennett-Isakson land. So it is like a little bit of an over- checks if the results are not individually No. 2824; further, that no second-degree sight that was left out. identifiable. So we make sure if there is a amendments be in order to any of these ‘‘(C)(i) The State shall provide for a proc- childcare center on Federal lands—and, ess by which a child care staff member (in- amendments prior to the votes. by the way, there are many—it is cluding a prospective child care staff mem- The PRESIDING OFFICER. Is there taken care of. Unfortunately, we have ber) may appeal the results of a background objection? had experiences of all kinds of assaults check required under subsection (a) to chal- Without objection, it is so ordered. lenge the accuracy or completeness of the in- on Federal lands, and I don’t need to go Mr. HARKIN. For the information of formation contained in the criminal back- into that. all Senators, it is our understanding ground report of the staff member. Amendment No. 2810 would help more that only one of these four amend- ‘‘(ii) The State shall ensure that— parents afford quality childcare by in- ‘‘(I) the appeals process is completed in a ments will be subject to a rollcall vote, creasing the child and dependent care timely manner for each child care staff Landrieu No. 2818, and the others will tax credit from $3,000 to $6,000 per member; hopefully be done by voice votes at child, and making it refundable. ‘‘(II) each child care staff member is given 5:15. notice of the opportunity to appeal; and I do hope we all support the under- ‘‘(III) each child care staff member who UNANIMOUS CONSENT—EXECUTIVE CALENDAR lying bill, and I thank the Senator wishes to challenge the accuracy or com- Mr. HARKIN. Mr. President, I ask from Iowa for his generosity. pleteness of the information in the criminal unanimous consent that upon disposi- The PRESIDING OFFICER. The sen- background report of the child care staff tion of the Bennet-Isakson amendment, ior Senator from Iowa is recognized. member is given instructions about how to the Senate proceed to executive session Mr. GRASSLEY. I ask unanimous complete the appeals process. ‘‘(D)(i) The State may allow for a review for consideration of the following consent to speak as if in morning busi- process through which the State may deter- nominations en bloc: Calendar Nos. 682, ness. mine that a child care staff member (includ- 617, 614, 545; that the Senate proceed to The PRESIDING OFFICER. Without ing a prospective child care staff member) vote in the order listed without inter- objection, it is so ordered. disqualified for a crime specified in para- vening action or debate on the nomina- Mr. GRASSLEY. Mr. President, in graph (3)(D)(ix) is eligible for employment by tions; the motions to reconsider be the last few weeks I have come to the a child care provider, notwithstanding para- considered made and laid upon the floor many times to speak about how graph (3). ‘‘(ii) The review process under this sub- table, with no intervening action or de- the Senate has deteriorated from being paragraph shall be consistent with title VII bate; that no further motions be in the deliberative body it is supposed to of the Civil Rights Act of 1964 (42 U.S.C. 2000e order; that any related statements be be. Considering the comity on the floor et seq.). printed in the RECORD; that the Presi- on this bill under the direction of Sen- ‘‘(E) Nothing in this section shall be con- dent be immediately notified of the ator HARKIN, my colleague from Iowa, strued to create a private right of action Senate’s action and the Senate then re- and other people, this is probably not against a child care provider if the child care sume legislative session. provider is in compliance with this section. the most appropriate time to give a ‘‘(F) This section shall apply to each State The PRESIDING OFFICER. Is there speech like this. But we still have prob- that receives funding under the Child Care objection? lems in the Senate and I wish to ad- and Development Block Grant Act of 1990 (42 Without objection, it is so ordered. dress them. U.S.C. 9858 et seq.). The PRESIDING OFFICER. The Sen- We need to restore the Senate as a ‘‘(6) Fees that the State may charge for the ator from California. deliberative body. I am very concerned costs of conducting a background check as required by subsection (a) shall not exceed Mrs. BOXER. Mr. President, would the Senate is no longer living up to its the actual costs to the State for the adminis- the Senator yield 2 minutes? reputation as the ‘‘World’s Greatest tration of such background checks. I thank the Senator from Iowa for his Deliberative Body.’’ ‘‘(7) Nothing in this subsection shall be generosity spirit, and I rise in strong I have outlined how the Senate ought construed to prevent a Federal agency from support of the bill. to function by quoting at length the disqualifying an individual as a child care Since 1990 this important block grant writings of the primary architect of staff member based on a conviction of the in- has helped States provide vouchers to the U.S. Constitution James Madison. dividual for a crime not specifically listed in this subsection that bears upon the fitness of our low-income families to help them When trying to understand what the an individual to provide care for and have re- afford quality childcare programs. We authors of the Constitution intended sponsibility for the safety and well-being of all know how important that is. the role of the Senate to be, we can’t children. With over 70 percent of moms in to- do any better than James Madison, the ‘‘(8) In this subsection— day’s workforce, it certainly is a crit- father of the Constitution. ‘‘(A) the term ‘child care provider’ means ical issue for our children and their The writings of Madison, along with an agency of the Federal Government, or a families and for our economy. Hamilton and Jay, in the Federalist unit of or contractor with the Federal Gov- ernment that is operating a facility, de- I have been involved in this issue Papers comprise the most comprehen- scribed in subsection (a); and both when I was a young mom and now sive and detailed explanation of what ‘‘(B) the term ‘child care staff member’ as an older grandmother. Childcare can the framers of the Constitution in- means an individual who is hired, or seeks to be very expensive. The average low-intended. This provides an important and

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1564 CONGRESSIONAL RECORD — SENATE March 12, 2014 very nonpartisan frame of reference In other words, what Madison was Now with neither party today having about the role the Senate is supposed saying: It is better to take the time to 60 votes needed to steamroll Members to play in our system of government. get it right the first time than to have of the minority party, the Senate By going back to our founding docu- to constantly go back and fix ill-con- should go back to functioning as it was ment and first principles, we can rise ceived laws. That is what the Senate is intended. Yet that hasn’t happened. In- above petty partisan squabbling and composed to do under our Constitution, stead we have seen an unprecedented start working on how to restore the to make sure we do not get sudden abuse of Senate rules to block Senators Senate as the deliberative body it is changes or bad legislation out of the from participating in the deliberative supposed to be. other body. process. These abuses of Senate rules I will start by recapping some of the In the fourth and final point, Madi- threaten to fundamentally transform lessons from the Federalist Papers son explains that if a legislature is con- the Senate from the greatest delibera- where the Senate has gone off course. stantly churning out new laws, even if tive body in the world into a purely Then I will talk about solutions to re- they are good ideas, it causes chaos be- partisan rubberstamp for the agenda of store the Senate. I am introducing this cause no one knows what the law says the majority and its leadership. If we solution today with cosponsorship of from day to day. It changes constantly, allow that to happen, we will see even other Senators, which I will get to in a in other words. more of the problems Madison warned minute. To this point Madison says: ‘‘A con- about. In Federalist No. 62, this new cre- tinual change even of good measures is The Senate was intended to be a de- ation of a Senate is being explained to inconsistent with every rule of pru- liberative body and only functions the people of New York to convince dence and every prospect of success.’’ properly when deliberation is allowed. them to ratify the Constitution. It Madison also points out a problem That means we must have debate and tells of the lessons Americans learned caused by overactive legislating that amendments. in the first years of independence under we tend to think is unique in modern I hear frequent complaints from the Articles of Confederation, which times; that is, special interest groups Iowans about Congress passing huge had a unicameral legislature, as did that are hired as lobbyists and lawyers. bills without Members of Congress hav- most of the States at that time. Based To quote Madison: ‘‘Another effect of ing the opportunity to understand all on lessons learned from practical expe- public instability is the unreasonable the provisions, much less the people rience then of these State legislatures, advantage it gives to the sagacious, the they are supposed to represent having James Madison lists four problems that enterprising, and the moneyed few over a chance to understand the bills and to a republic such as ours could face if it the industrious and uniformed mass of weigh in on them. It is now routine for doesn’t have a properly functioning the people.’’ cloture to be filed immediately upon Senate. That is a criticism we still hear bringing up a matter for consideration. The first problem Madison recounts today. is a tendency for a group to form in a Just to recap, the Senate was specifi- That is not the deliberative process or legislative body that pushes its own cally written into our Constitution to how the Senate is supposed to operate. Cloture was invented to allow the agenda as opposed to what the people solve certain problems; namely, but re- Senate to end consideration of a mat- elected them to do. Madison explains petitively, to prevent an agenda that ter after the preponderance of Senators that having a second Chamber like a does not reflect that of the American had concluded it had received suffi- Senate makes such ‘‘schemes of usur- people, to prevent legislation based pation or perfidy’’ less likely because upon short-term partisan passions, and cient consideration. Even that part was they would have to capture both Cham- to pass fewer but better thought-out a compromise. Before cloture was in- bers at the same time. The Senate, laws. Of course, starting in 2007, we had vented, there was no way to end debate with longer staggered terms as the a House and a Senate controlled by the as long as at least one Senator thought Constitution spells out, makes that same political party and intent on en- a matter needed further consideration. Cloture was introduced to balance even less likely. acting the President’s agenda, top of The second lesson is that a single- which was his health care law. The de- the desire to get things done with the chamber legislature with lots of Mem- liberative process was cut short and principle that each Senator, as a rep- bers tends to ‘‘yield to the impulse of the legislation was rammed through resentative of his or her State, has a sudden and violent passions and to be the Senate over the objections of Sen- right to participate fully in that legis- seduced by factious leaders into intem- ators representing 40 percent of the lative process. The threshold was later perate and pernicious resolutions.’’ States. The President’s health care law adjusted down from two-thirds of Sen- If that sounds like the House of Rep- is practically the poster child for what ators voting to three-fifths of all Sen- resentatives today, that is because it is Madison called ‘‘intemperate and per- ators. That is the famous 60 votes we supposed to work that way. The House nicious resolutions,’’ reflecting a par- have to have if we want to end debate. is supposed to reflect the immediate tisan agenda that did not enjoy broad Each time this matter has been revis- passions of the day, even if those pas- support among the American people ited, the balance has tilted more in sions take on a partisan pen. However, when it was passed. You know what. It favor of speeding up the process at the when laws are made only by factious enjoys less support today. expense of allowing Senators to fully leaders, you end up with what Madison The fact that Congress didn’t take represent the people of their States. calls, ‘‘intemperate and pernicious res- the time to think through every aspect At the beginning of the current Con- olutions.’’ of that important health care legisla- gress, the Senate passed changes to the So that is where he says the function tion and work out a consensus that Senate rules to shorten the amount of of the Senate as a deliberative body could attract broad support of the Sen- debate time after cloture is invoked for comes into play. ate has resulted in the need of a series certain nominees and to expedite con- Madison’s third lesson has to do with of, as Madison said, ‘‘repealing, ex- sideration of legislation in some situa- a need for a body with longer terms plaining and amending laws.’’ tions. These changes were agreed to in that is serious about doing the hard Of course, the President claimed for exchange for a promise—a real prom- work of legislating, instead of pushing himself the authority to unilaterally ise—that the so-called nuclear option short-term agendas, such as might be suspend or amend parts of the law that would not be used. the case in a House of Representatives. aren’t working rather than come back Notwithstanding that commitment, To quote Madison: to Congress that under the Constitu- just a short 10 months later, the nu- What indeed are all the repealing, explain- tion is supposed to be the legislative clear option was used, setting a new ing, and amending laws, which fill and dis- body. Of course, what the President is precedent that debate on nominations grace our voluminous codes, but so many doing now is not what the authors of can be cut off by a simple majority of monuments of deficient wisdom; so many the Constitution intended either. We Senators, ignoring the plain text of the impeachments exhibited by each succeeding against each preceding session; so many ad- wouldn’t be in this predicament, with a cloture rule that is still on the books. monitions to people, of the value of those deeply flawed health care law, if the At the end of the day, Members of aids which may be expected from a well con- Senate had been allowed to function as this body agreed to extinguish certain stituted senate? it was intended. rights in exchange for the promise not

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1565 to use the nuclear option only to have publican filibusters. He might have a Resolution. That appropriately spells additional rights stripped away 10 point if—and that is a big if—if it was out the acronym SCAR because cloture months later by a simple majority true that after extensive debate and abuse threatens to scar the body of the vote. Taken together, those two epi- plenty of opportunity to consider Senate. The Stop Cloture Abuse Reso- sodes represent a dramatic shift toward amendments Republicans were drag- lution will amend Senate rules to pro- domination of the Senate by one fac- ging out debate purely for the sake of hibit the filing of cloture until at least tion, contrary to Madison’s stated in- delay. However, we can hardly claim 24 hours after the Senate has proceeded tent. that the Senate’s deliberation has to the matter. That means you will I say all that by way of background, dragged on too long when it hasn’t have debate before you file cloture. De- but that is history and the other side even begun consideration of the matter bate could be a filibuster, but you have will have to learn to live with the in the first place. to have debate to have a filibuster. ramifications of changes to the nomi- We are now at the point where the This reform will end, once and for all, nation process that they forced upon overwhelming number of motions to the practice of attempting to shut this body. cut off debate are made before debate down debate and amendments before I would like to turn the focus now to has even started, much less than in re- the debate has started. the legislative process and what can be sponse to a filibuster because, obvi- It is important to keep in mind that done to restore the Senate to the role ously, we have to have debate before when Senators are blocked from par- envisioned by the authors of the Con- we have a filibuster. ticipating in the legislative process, stitution before it is too late and the Let’s look at a chart I have that was the people they represent are disen- idea that I have and some of my col- put together by the Congressional Re- franchised. By that I don’t mean the leagues have joined me in a rule search Service on cloture motions in citizens of the 45 States who elected change along this line. relationship to legislative business Republicans. The citizens of States When it comes to legislating, we have filed the same day a matter is brought who elected Democratic Senators also gotten off track from how the Senate before the Senate—in other words, be- expect their Senators to offer amend- was designed, but we have an oppor- fore debate starts—because we have to ments and engage with their colleagues tunity to restore the Senate as a delib- have debate before we have a filibuster. and different parties. Forcing a cloture erative body. That was an under- I have color-coded each Congress vote before any deliberation prevents standing at the beginning of this Con- based on which party controlled the even Members of the majority party gress, that there would be some return Senate. You will notice that use of from offering amendments that may be to regular order. In exchange for rule same-day cloture averages out to 29 important to the people they represent. changes that expedite the legislative times per Congress up until the 110th Voters have a right to expect the peo- process, the majority leadership would Congress when this majority leadership ple they elect to actually do the hard turn to the longstanding tradition of takes over. Then there is a huge jump work of legislating, not just be a an open amendment process. to 98 same-day cloture motions. That is In other words, there was an under- rubberstamp for the leadership’s agen- more than three times the previous av- standing that the Senate would take da. erage. You will notice a trend toward Senators who go along with the tac- its time to consider legislation and slightly more use of same-day clotures Senators from both sides would be free tics that disenfranchise their own con- to propose amendments and have them in the years leading up to 2007 and, of stituents should have to explain to voted on. That understanding lasted course, that makes both parties guilty. those who voted them into office why You can see an unprecedented use of until Republicans submitted amend- they are not willing to be full-fledged same-day clotures starting when this ments that some on the other side were Senators. The Senate is the world’s majority leadership took over. The nervous to have to take a position on. most deliberative body, and constitu- It is no secret the majority leader has trend has continued at more than dou- ents rightfully expect their Senators to gone out of his way to keep Members of ble the previous average in each Con- be able to vote. They should explain his caucus from having to take votes gress since this majority leadership why their loyalty is to party leadership that may hurt them with the people took over. and not to the people of their State. There were 65 same-day cloture mo- back home. A Senator’s job includes offering The Senate rules provide that any tions in the 111th Congress and 67 in amendments. Being a Senator also Senator may offer an amendment to a the 112th Congress compared to 29 the means sometimes you have to take bill being considered. Therefore, in last time Republicans controlled the tough votes on other Senators’ amend- order to shield Members from having to Senate, which coincidentally is also ments that reveal to your constituents take tough votes, the majority leader the previous average I have talked where you stand on various issues. It is now routinely moves to shut down all about. the job of Senators, quite plainly, to consideration of a bill before amend- The last line on the chart shows the deliberate and to legislate. ments are considered. total as of January, when we were only The Stop Cloture Abuse Resolution As I said at the beginning, maybe halfway through the current Congress. will make it clear that deliberation is today isn’t the time to give this speech At that time we were already up to 30 the rule, not disenfranchisement. It because we have great comity on the same-day cloture motions. That is would establish that a deliberative bills before the Senate, but we still more than we saw for the entire Con- process is expected, and at least some have a major problem. gress the last time Republicans were in deliberation must occur before any at- Cloture is supposed to be used after the majority. We are back to an un- tempt to silence the voices of Senators the Senate has considered a measure precedented use of cloture to end delib- and by extension the voices of the peo- for a period of time and a preponder- erations before deliberations have even ple of their respective States. ance of the Senate think it has delib- begun, and that is clearly abusive and This is just one reform idea I am pro- erated enough. Cloture should not be cannot be justified. posing for the Senate to consider as we used to prevent any meaningful delib- Some people might argue that same- work to restore the Senate as a deliberation from taking place. The average day cloture motions on the motion to erative body, and that will be intro- number of cloture motions filed under proceed should not be counted because duced today. It would only address, I each session of the Congress under this the motion to proceed can’t be amend- have to admit, part of the problem. The majority leadership is more than dou- ed. That is debatable, but I will point Senate will also have to address the ble what it was in prior sessions of out that the last column shows same- abuse of filling the tree to block Congress under majority leaders of day cloture filings excluding the mo- amendments. both parties going back to 1987. This tion to proceed, and the trend is ex- The ability to block Senators from alone is an indication that cloture is actly the same. offering amendments is actually not being overused, even abused, by the What do we do about this abuse of found in the Senate rules. Filling the majority. cloture to end consideration of a bill tree is an abuse of Senate precedents. The majority leader will tell you he before it has been considered? Today I In some ways that makes it the easier is forced to file cloture because of Re- am introducing the Stop Cloture Abuse problem to address; whereas, a cloture

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1566 CONGRESSIONAL RECORD — SENATE March 12, 2014 abuse is an abuse of the Senate cloture pending amendment so I may call up lifeline—a guarantee for 50 million rule. The practice of filling the tree to my amendment numbered 2837, which older Americans. In particular what block amendments can be eliminated is at the desk. the Senate wants to do is make sure simply by establishing a new prece- The PRESIDING OFFICER. Without that those older people have access to dent. objection, it is so ordered. primary care doctors, nurse practi- As everyone remembers from the nu- The clerk will report the amendment. tioners, specialists, and other providers clear option, establishing a new prece- The legislative clerk read as follows: in their local communities because dent is a simple process that only re- The Senator from South Carolina [Mr. they provide critically needed care to quires a majority vote. However, like SCOTT], for himself and Ms. LANDRIEU, pro- our seniors day in and day out. the nuclear option which established a poses an amendment numbered 2837. Many of those seniors have no idea precedent that the Senate would ig- Mr. SCOTT. Mr. President, I ask that by March 31—just a few weeks nore, the plain text of a rule is still on unanimous consent that the reading of from now—Congress has to act on their the books. Ending the ability of a ma- the amendment be dispensed with. behalf to preserve access to the care jority leader to block amendments The PRESIDING OFFICER. Without that seniors depend on. Suffice it to would simply involve replacing the old objection, it is so ordered. say those providers would much rather precedent with a new precedent. The amendment is as follows: be delivering the care than waiting for For now, the Stop Cloture Abuse Res- (Purpose: To clarify parental rights to use this Congress to act. olution—going by the acronym SCAR— child care certificates) Now, fortunately, there is a roadmap would be a good start. It would elimi- On page 140, between lines 2 and 3, insert for getting this done—getting good nate the scar on the Senate. Adopting the following: care to seniors not just for a short pe- the Stop Cloture Abuse Resolution SEC. 10A. PARENTAL RIGHTS AND RESPONSIBIL- riod of time but, I say to my col- would send a strong message that the ITIES. leagues, once and for all. And I wish to Senate will once again deliberate over Section 658Q of the Child Care and Devel- this afternoon urge my colleagues to issues rather than ramming through opment Block Grant Act of 1990 (42 U.S.C. seize this opportunity. 9858o) is amended— all of them without careful consider- Beginning my remarks, I declare I (1) by inserting before ‘‘Nothing’’ the fol- can take little credit for the oppor- ation. lowing: This reform will reduce the urge to ‘‘(a) IN GENERAL.—’’; and tunity before us. The path that got us force legislation through the Senate (2) by adding at the end the following: here, that got us started in the effort based on a short-term partisan agenda ‘‘(b) PARENTAL RIGHTS TO USE CHILD CARE to make the needed reforms to protect and result in fewer but better laws just CERTIFICATES.—Nothing in this subchapter our seniors, is a direct result of the as James Madison and the other Fram- shall be construed in a manner— leadership of my friend and colleague ers of the Constitution intended. ‘‘(1) to favor or promote the use of grants Senator ORRIN HATCH. Just as Senator and contracts for the receipt of child care Amending the Senate rules should not HATCH has done so many times over the services under this subchapter over the use be a last resort, and this move should of child care certificates; or course of an illustrious career, he was not be necessary. ‘‘(2) to disfavor or discourage the use of key to forging a bipartisan solution to We have been told the bipartisan such certificates for the purchase of child a challenging, longstanding problem. child care and development block grant care services, including those services pro- So what I would like to do in the be- bill will be considered—and is being vided by private or nonprofit entities, such ginning is to recognize that effort by considered—under an open amendment as faith-based providers.’’. Senator HATCH; my predecessor as process. If that happens, and if that Mr. SCOTT. Mr. President, I offer chairman of the Finance Committee, marks the beginning of a return to reg- amendment No. 2837 to S. 2086, the Senator BAUCUS; House Ways and ular order where all Senators are al- Child Care and Development Block Means chairman DAVE CAMP; House lowed to represent their States to the Grant Act of 2014. My amendment Ways and Means Ranking Member best of their ability once again, then seeks to clarify that the statute does SANDER LEVIN; House Energy and Com- perhaps this move will not be nec- not favor or promote the use of grants merce chairman FRED UPTON; and essary. or contracts over the use of childcare House Energy and Commerce Ranking Given the record of the past three certificates, nor does it adversely im- Member HENRY WAXMAN. The work Congresses, I don’t think anybody pact the use of certificates in faith- they have been doing over the last few should hold their breath on that hap- based or other settings. months is exceptional. In effect, they pening. What we are talking about today have given us the opportunity to take It is a good day in the U.S. Senate boils down to parental choice and State this flawed system of setting a kind of that this legislation is being considered flexibility—two issues the Federal Gov- Medicare budget known as SGR—sus- under the process the Senate was set ernment should be thinking a lot hard- tainable growth rate—they have given up to perform—to deliberate, offer er about on a constant basis. us the opportunity to repeal and re- amendments, and debate. I ask my colleagues to support my bi- place this flawed system with one that If a fully open amendment process is partisan amendment to ensure low-in- I think is going to make a huge dif- not permitted after all, and if this rare come working parents have a choice ference in the days ahead by pushing instance of bipartisanship proves to be and that States have the flexibility up the goal of good-quality affordable an exception to the rule, it will prove they need to find the childcare that care and doing it in a bipartisan way. I that the Senate is fundamentally bro- best suits their child. hope these colleagues will take it as a ken and only significant reforms, such I suggest the absence of a quorum. compliment that the SGR bill now be- as the Stop Cloture Abuse Resolution, The PRESIDING OFFICER. The fore the Senate incorporates all of that can restore the Senate as the world’s clerk will call the roll. good bipartisan work they have been greatest deliberative body. The legislative clerk proceeded to doing, along with the work that was I yield the floor and suggest the ab- call the roll. done on the Senate Finance Com- sence of a quorum. Mr. WYDEN. Mr. President, I ask mittee. The PRESIDING OFFICER. The unanimous consent that the order for I see our colleague from North Caro- clerk will call the roll. the quorum call be rescinded. lina, who has contributed mightily to The legislative clerk proceeded to The PRESIDING OFFICER. Without that effort, as well as, of course, the call the roll. objection, it is so ordered. Presiding Officer of the Senate Senator Mr. SCOTT. Mr. President, I ask Mr. WYDEN. Mr. President, I ask BROWN, who has been such an eloquent unanimous consent that the order for unanimous consent to speak as if in spokesperson, particularly for those the quorum call be rescinded. morning business for up to 20 minutes. without political power and political The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without clout. I thank both of them for their ef- objection, it is so ordered. objection, it is so ordered. forts. AMENDMENT NO. 2837 Mr. WYDEN. Mr. President, I rise To be specific, the legislation I intro- Mr. SCOTT. Mr. President, I ask this afternoon to talk about the Medi- duced last night incorporates what unanimous consent to set aside the care Program, which of course, is a those six Members agreed to—the six

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1567 Members I just named, the three Demo- same cost as fully repealing and replac- choices about their care. Researchers crats and the three Republicans—in S. ing the flawed SGR plus taking care of and professionals will have the data 2000. In effect, that legislation, along the health extenders. Those cuts, as I needed to develop evidence-based meth- with the health extenders passed by have indicated, have largely been paid ods. So this afternoon, in addition to the Senate Finance Committee in S. for in the past by cuts to other pro- thanking the colleagues I have already 1871, is essentially what we have the viders. In the last 2 years alone, the mentioned, I thank Senator GRASSLEY opportunity to move in the days ahead. hospitals have been forced to produce for all of those years working with me. Every single item in this bill has nearly $30 billion to pay for the tem- Senator HARKIN knows Senator GRASS- strong bipartisan support, and I hope porary patches. LEY has been a strong advocate for we can all come together and with re- Under the status quo, the SGR will transparency in health care and other sounding bipartisan support get this always call for cuts that are too steep vital services, and we see his good work bill passed before March 31. for providers to bear and Congress will in this bill. There are a variety of reasons why step in with yet another patch paid for This bill is bipartisan. It doesn’t cut Democrats and Republicans, in my by still more cuts to other providers. providers or increase cost-sharing for view, can band together and repeal and How can we make a case for more of seniors. I defer to my colleagues to de- replace what I have characterized as a the same, especially when we have an cide if it is better to offset the costs of flawed, really dysfunctional system we opportunity to not only repeal the SGR repeal by reducing future war have today known as the SGR, but be- flawed formula but also to enact re- spending or unpaid for, but the bottom fore I go through the list of reasons, I forms that finally move Medicare away line is the same: We ought to act now. wish to make clear to my colleagues— from the flawed fee-for-service ap- We should act now and put this flawed colleagues who know me—that I am in- proach that rewards quantity instead formula known as the SGR, which has terested in sound, sensible policy and of quality and value? produced Medicare migraines for frus- that we move in a bipartisan way—not Second, I offered the Medicare SGR trated providers and seniors alike, be- politics, not message, but sound policy. Repeal and Beneficiary Access Im- hind us. That is why I am here on the floor provement Act of 2014 in order to elimi- Every single thing in the bill I offer today. I have always tried to make it nate the ongoing threat to our seniors today has strong bipartisan support, possible for both sides to secure their and the providers who serve them. and it represents a compromise. Under this legislation, which reflects principles—principles that are impor- I know this isn’t an easy vote for col- the bipartisan, bicameral legislation tant to them—and still allow us to go leagues on either side of the aisle, but Senator HATCH AUCUS forward in a bipartisan and innovative and Senator B of- I submit that it sure means we will be fashion to get things done. fered last month, physicians would re- able to accomplish what we were sent I will say to my colleagues, it is not ceive annual payment increases of .5 here to do—to find a way to do what is possible any longer to just put one percent for 5 years. The following 5 best for seniors and the doctors who patch or another up and say we are years physicians would not receive care for them. With that clean slate— going to fix the Medicare challenge. It automatic increases but, rather, would and I have enjoyed talking to the Pre- is not going to work. be eligible for payment increases based For the last 10 years Congress has al- siding Officer about this because I on performance. Medicare would tran- think what this bill is all about is ways blocked these cuts. So I say it is sition to a new focus—on greater equal- time to stop pretending these upcom- doing what is right for seniors, doing ity, value, and accountability. what is right for the doctors, setting in ing cuts—fittingly scheduled for April This legislation would strengthen place a plan for the future that ensures Fools’ Day—are any more real than the Medicare physician payments in a seniors are going to get better care 16 times the Congress has intervened. number of ways. It would reward the that in many instances will cost less. What we ought to do, I say to my col- quality of care. It would improve pay- That is what I hope Senators will take leagues, is stop playing Medicare make ment accuracy. It would expand the co- home after we break tomorrow for the believe. It is time to set aside a flawed ordination of care for patients with work period. formula that prevents the Congress chronic care needs. It would encourage from really moving ahead construc- participation in alternative models of This is a chance to do what is best tively on Medicare and to start with a payment. for seniors, what is best for doctors, clean slate. The bill addresses other critical and what is going to pay off for tax- I thought the Wall Street Journal Medicare and Medicaid issues. They are payers in the long run. editors really summed it up very well known as health care extenders. With Nobody wins with Medicare make be- on February 19. In talking about the these extenders, it would be possible lieve. After these 16 patches, when we bipartisan bill I laud tonight, the edi- for the Congress on a bipartisan basis have the Wall Street Journal editors tors of the Wall Street Journal said: to ensure that low-income seniors can joining with seniors and providers and ‘‘Simply pass the bill as is and forgo have affordable Medicare premiums we have a bill that has strong bipar- the pretense of fake-paying for it.’’ We and guarantees that beneficiaries will tisan support, I think this is the kind need to think about those words. The have access to the therapies they need. of measure Senators ought to flock to. editors of the Wall Street Journal basi- Under the bill, rural beneficiaries I will close by saying we all know the cally said this is all a bunch of fakery will have the security of knowing the public is frustrated with a fair amount because the cuts aren’t going to be hospitals and physicians will be there of what happens in the Congress, and made, the savings aren’t going to be re- when they need them. I know rural there is a fair level of disappointment. alized, because we have tried that health care, for my friend from North The Senator from North Carolina and I route. So the Wall Street Journal said Carolina, my friend from Iowa, and the were talking about a variety of issues pass this good bipartisan bill. Senator from Ohio, is a priority. If we on this point this morning. But I look If the Congress fails to fully repeal pass this bill, which was put together around this Chamber and I see Sen- the flawed Medicare payment formula by the bipartisan group in the House ators who have spent a significant now, I believe there will be cuts to and Senate, we give a big boost for amount of time in public life, and a other providers—hospitals, home rural health care and the services sen- number of colleagues who are on the health care providers, drug companies, iors depend on under Medicare. floor, I am old enough to remember skilled nursing facilities. Make no mis- Finally, something I am especially joining them in the other body before take about it. Those providers are proud of because Senator GRASSLEY we came to the Senate, and we are here going to be the ones who pay for yet was good enough to work with me for a for a purpose. We are here to get things another patch. So a lot of this budget number of years on it is this would sig- done. On this Medicare issue, which fakery isn’t real, but the people who nificantly expand Medicare trans- suffice it to say has been one of the are going to pay for the patch are parency. This legislation would open most polarizing in the American public going to face very real cuts. Medicare’s treasure trove of payment debate—in fact, I would venture to say In total, the 16 bandaid patches have data and patients would have the infor- that on the domestic side of the budg- already cost $150 billion. That is the mation they need to make informed et, there are few issues that have been

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1568 CONGRESSIONAL RECORD — SENATE March 12, 2014 as divisive and polarizing as Medi- The PRESIDING OFFICER. The Sen- Two-thirds of low-income families care—this is an opportunity, col- ator from Ohio. are at risk of not having enough in- leagues, to check the partisanship at Mr. BROWN. Mr. President, I ask come to maintain anything close to the door, come together, and set in unanimous consent to speak as in their standard of living in retirement. place a new system of paying providers morning business for up to 5 minutes. Expanding Social Security could be the under Medicare that is going to The PRESIDING OFFICER. Without difference between a modest retire- produce better quality at lower costs. objection, it is so ordered. ment—an earned modest retirement— We ought to support it in a bipartisan Mr. BROWN. Mr. President, I rise and living in poverty. manner. today to discuss one of the most con- The hearing discussed the adminis- With that, I yield the floor. cerning issues our country faces today, tration’s new MyRA accounts. The PRESIDING OFFICER (Mr. an issue that Chairman HARKIN par- ‘‘MyRA’’ stands for ‘‘my retirement ac- ticularly has been outspoken on, and BLUMENTHAL). The Senator from North count’’—a play, obviously, on the that is the growing retirement crisis. Carolina. words of the IRA, the individual retire- A couple weeks ago I chaired in the ment account. It represents a small but AMENDMENT NO. 2821 Finance Committee the first congres- important first step. Access to tax Mr. BURR. Mr. President, I ask unan- sional hearing on the MyRA retirement preferenced retirement accounts must imous consent to call up Lee amend- plan for low- and middle-income work- ment No. 2821. ers that President Obama proposed in not be something workers receive when The PRESIDING OFFICER. Is there his 2014 State of the Union Address. We they cross the threshold into the mid- objection? will explore some of the issues, espe- dle class but a tool that helps them Without objection, it is so ordered. cially the Harkin legislation, later. But start their journey into the middle The clerk will report. I want to talk for a moment about that class. The legislative clerk read as follows: hearing. There is no easy fix to retirement savings. But in a system where we pri- The Senator from North Carolina [Mr. We know for many Americans, the BURR] for Mr. LEE, proposes an amendment traditional three-legged retirement marily administer our programs to en- numbered 2821. system—Social Security, defined pen- courage private retirement accounts Mr. BURR. Mr. President, I ask unan- sion benefit, and personal retirement through the Tax Code, we need to make imous consent that reading of the savings—that three-legged stool is sim- sure the incentives are going to the amendment be dispensed with. ply no longer working. For many, two people who need them. So what we are doing through the The PRESIDING OFFICER. Without of those legs are gone, and the third Tax Code, as Senator CARDIN from objection, it is so ordered. leg—the Social Security monthly pay- Maryland, who has been a long-time The amendment is as follows: ment for low-income workers—is, frankly, way too short. advocate of stronger, better retirement (Purpose: To prohibit States from providing security for seniors—and he attended the Secretary with reports containing per- We know that Social Security re- sonally identifiable information) mains the safeguard of retirement se- our subcommittee hearing; he is a member of the Finance Committee— On page 136, between lines 2 and 3, insert curity for working-class families. But, the following: as I said, it was never meant to be the are the issues we need to work on. When President Roosevelt signed the (e) PROTECTION OF INFORMATION.—Section only method of saving for retirement. 658K(a)(1) of the Child Care and Development As we emerge from the greatest re- Social Security Act, he said: ‘‘This law Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)) cession since the Great Depression, the represents a cornerstone in a structure is amended by adding at the end the fol- private retirement system is not work- which is being built, but is by no lowing: ing. means complete.’’ ‘‘(D) PROHIBITION.—Reports submitted to Over the last 30 years, the defined The same could be said, maybe even the Secretary under subparagraph (C) shall pension benefit has, for far too many more so, for our retirement system not contain individually identifiable infor- people, disappeared. The new system of today. That structure is still being mation.’’. tax incentives for 401(k)s and IRAs built. It is up to this body to ensure AMENDMENT NO. 2821, AS MODIFIED only works if you are middle income, that it is built, that it does not col- Mr. BURR. Mr. President, I ask unan- typically, or wealthier. The top fifth— lapse in the meantime, and that we can imous consent that the amendment be the top quintile, if you will—of house- bring more retirement security to far modified with the technical correction holds hold three-quarters of all 401(k) more Americans who have worked which is at the desk. and IRA assets. The average worker their entire work lives. The PRESIDING OFFICER. Is there nearing retirement—believe this—has Mr. President, I suggest the absence objection to the modification? $12,000 in savings. of a quorum. Without objection, it is so ordered. So the question our subcommittee The PRESIDING OFFICER. The The amendment, as modified, is as asked was: What do we do? clerk will call the roll. follows: One point of bipartisan agreement is The assistant legislative clerk pro- On page 136, between lines 2 and 3, insert that Social Security works. Witnesses ceeded to call the roll. the following: from Vanguard to senior advocates Mr. HARKIN. Mr. President, I ask (e) PROTECTION OF INFORMATION.—Section agree on that point. We heard testi- unanimous consent that the order for 658K(a)(1) of the Child Care and Development mony from the left and from the right, the quorum call be rescinded. Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)) from the private sector and from the The PRESIDING OFFICER. Without is amended by adding at the end the fol- Treasury Department. Everyone agreed objection, it is so ordered. lowing: that for low-income workers, Social VOTE ON AMENDMENT NO. 2818 ‘‘(E) PROHIBITION.—Reports submitted to Security is the most important and the The PRESIDING OFFICER. Under the Secretary under subparagraph (C) shall most reliable way to guarantee a se- not contain individually identifiable infor- the previous order, the question is on cure retirement. But it is not enough. agreeing to the Landrieu amendment mation.’’. An upper income worker, once receiv- Mr. BURR. Mr. President, I believe No. 2818. ing Social Security, may get as much Mr. HARKIN. I ask for the yeas and this amendment is agreeable on both as $2,000 or more a month in Social Se- nays. sides, and I know of no further debate curity earned benefits, while a low-in- The PRESIDING OFFICER. Is there a on the amendment. I would ask for the come worker, who is used to receiving sufficient second? question. $9 or $10 or $11 an hour or less—even There is a sufficient second. The PRESIDING OFFICER. Is there though working as many as 25 or 30 The yeas and nays are ordered. further debate? years—may get less than $1,000 a The clerk will call the roll. If not, the question is on agreeing to month in Social Security. That is the The assistant legislative clerk called the amendment, as modified. only wealth, that is the only income, the roll. The amendment (No. 2821), as modi- so often, those in the bottom half have. Mr. CORNYN. The following Senators fied, was agreed to. The only question, obviously, is are necessarily absent: the Senator Mr. BURR. I thank the Presiding Of- whether the benefit is adequate. Too from Florida (Mr. RUBIO) and the Sen- ficer and yield the floor. often it is not. ator from Oklahoma (Mr. COBURN).

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1569 The PRESIDING OFFICER. Are there EXECUTIVE SESSION The PRESIDING OFFICER. Under any other Senators in the Chamber de- the previous order, the motions to re- siring to vote? consider are made and laid upon the The result was announced—yeas 98, NOMINATION OF HEATHER L. table, the President will be imme- nays 0, as follows: MACDOUGALL TO BE A MEMBER diately notified of the Senate’s action [Rollcall Vote No. 74 Leg.] OF THE OCCUPATIONAL SAFETY and the Senate will resume legislative YEAS—98 AND HEALTH REVIEW COMMIS- session. Alexander Gillibrand Murkowski SION f Ayotte Graham Murphy Baldwin Grassley Murray LEGISLATIVE SESSION Barrasso Hagan Nelson NOMINATION OF FRANCE A. COR- Begich Harkin Paul DOVA TO BE DIRECTOR OF THE Bennet Hatch CHILD CARE AND DEVELOPMENT Portman NATIONAL SCIENCE FOUNDATION Blumenthal Heinrich Pryor BLOCK GRANT ACT OF 2014—Con- Blunt Heitkamp Reed tinued Booker Heller Reid Boozman Hirono Risch NOMINATION OF JAMES H. AMENDMENT NO. 2837 Boxer Hoeven Roberts Brown Inhofe SHELTON III TO BE DEPUTY SEC- The PRESIDING OFFICER. The Sen- Rockefeller Burr Isakson ator from North Carolina. Sanders RETARY OF EDUCATION Cantwell Johanns Schatz Mr. BURR. Mr. President, I under- Cardin Johnson (WI) Schumer stand the Scott amendment No. 2837 Carper Johnson (SD) Scott Casey Kaine NOMINATION OF BRUCE HEYMAN and the Boxer-Burr amendment No. Chambliss King Sessions TO BE AMBASSADOR EXTRAOR- 2809 have been cleared on both sides of Coats Kirk Shaheen Shelby DINARY AND PLENIPOTENTIARY the aisle; I know of no further debate Cochran Klobuchar OF THE UNITED STATES OF on either amendment, and I urge adop- Collins Landrieu Stabenow Coons Leahy Tester AMERICA TO CANADA tion of these two amendments. Thune The PRESIDING OFFICER. The Corker Lee The PRESIDING OFFICER. Under Cornyn Levin Toomey Scott amendment No. 2837 is pending. Udall (CO) the previous order, the Senate will pro- Crapo Manchin The question is on agreeing to the Cruz Markey Udall (NM) ceed to executive session to consider amendment. Donnelly McCain Vitter the following nominations en bloc, Durbin McCaskill Walsh The amendment (No. 2837) was agreed Enzi McConnell Warner which the clerk will report. to. Feinstein Menendez Warren The assistant legislative clerk read AMENDMENT NO. 2809 Fischer Merkley Whitehouse the nominations of Heather L. The PRESIDING OFFICER. The Flake Mikulski Wicker MacDougall, of Florida, to be a Mem- Franken Moran Wyden amendment 2809 is the pending amend- ber of the Occupational Safety and NOT VOTING—2 ment. Health Review Commission; France A. If there is no further debate, the Coburn Rubio Cordova, of New Mexico, to be Director question is on agreeing to the amend- The amendment (No. 2818) was agreed of the National Science Foundation; ment. to. James H. Shelton III, of the District of The amendment (No. 2809) was agreed Mr. HARKIN. I move to reconsider Columbia, to be Deputy Secretary of to. the vote. Education; and Bruce Heyman, of Illi- The PRESIDING OFFICER. The sen- VOTE ON AMENDMENT NO. 2813 nois, to be Ambassador Extraordinary ator from North Carolina. Mr. HARKIN. Mr. President, we have and Plenipotentiary of the United Mr. BURR. Mr. President, we have no objections to this amendment. We States of America to Canada. had a very productive day on the child agree to it and urge its adoption. VOTE ON MACDOUGALL NOMINATION care and development block grant bill, The PRESIDING OFFICER. The The PRESIDING OFFICER. Under and we have processed a number of question is on agreeing to the Lan- the previous order, the question is, Will amendments, some by voice, some with drieu-Grassley amendment No. 2813. the Senate advise and consent to the record votes. All Members have had the The amendment (No. 2813) was agreed nomination of Heather L. MacDougall, opportunity to come to the floor dur- to. of Florida, to be a Member of the Occu- ing the day and offer their amend- Mr. HARKIN. I move to reconsider pational Safety and Health Review ments, and we continue to have amend- the vote and to lay that motion on the Commission? ments that are either filed or talked table. The nomination was confirmed. about. It is still the intent of Senator The motion to lay on the table was VOTE ON CORDOVA NOMINATION HARKIN, Senator ALEXANDER, Senator agreed to. The PRESIDING OFFICER. Under MIKULSKI, and myself that we finish VOTE ON AMENDMENT NO. 2814 the previous order, the question is, Will this bill tomorrow afternoon. We see no The PRESIDING OFFICER. Under the Senate advise and consent to the reason why we can’t do it with the the previous order, the question is on nomination of France A. Cordova, of level of cooperation all Members have agreeing to the Landrieu-Blunt amend- New Mexico, to be Director of the Na- shown. Let me try to sketch out for my col- ment No. 2814. tional Science Foundation? The amendment (No. 2814) was agreed leagues what our intent will be. We in- The nomination was confirmed. to. tend hopefully to go to a period of Mr. HARKIN. I move to reconsider VOTE ON SHELTON NOMINATION morning business, a length to be deter- the vote and to lay that motion on the The PRESIDING OFFICER. Under mined by the leaders, when we con- table. the previous order, the question is, Will clude our remarks. At some point in The motion to lay on the table was the Senate advise and consent to the the morning, probably 10:30, we would agreed to. nomination of James H. Shelton III, of resume consideration of amendments VOTE ON AMENDMENT NO. 2824 the District of Columbia, to be Deputy and we would process those amend- The PRESIDING OFFICER. Under Secretary of Education? ments until shortly before lunch. It is the previous order, the question is on The nomination was confirmed. our hope Members would take the op- agreeing to the Bennet-Isakson amend- VOTE ON HEYMAN NOMINATION portunity to file those amendments to- ment No. 2824. The PRESIDING OFFICER. Under night so that our staffs can work with The amendment (No. 2824) was agreed the previous order, the question is, Will them to make sure as many amend- to. the Senate advise and consent to the ments as possible can be adopted with Mr. HARKIN. I move to reconsider nomination of Bruce Heyman, of Illi- the support of both sides of the aisle. the vote and to lay that motion on the nois, to be Ambassador Extraordinary We certainly can’t force everybody to table. and Plenipotentiary of the United do so, but I implore Members on both The motion to lay on the table was States of America to Canada? sides of the aisle, file those amend- agreed to. The nomination was confirmed. ments tonight, work with our staffs.

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1570 CONGRESSIONAL RECORD — SENATE March 12, 2014 They will be here as late as they need CHILD CARE AND DEVELOPMENT 1996, families have seen the cost of to be. By 10:30 tomorrow morning we BLOCK GRANT ACT OF 2014 childcare increase while access to qual- should be able to move to amendments, Ms. KLOBUCHAR. Mr. President, I ity care has become more difficult to have debate on those where there is ad- rise today in support of the bipartisan find. ditional debate needed; hopefully, start Child Care and Development Block This bipartisan legislation would pro- any votes by 12:15 and finish the Grant Act of 2014. I thank Senator MI- vide the opportunity for Congress to amendment process before both sides KULSKI for her great leadership, Sen- make critical improvements to the break for lunch. It would be my hope ator BURR for his leadership, and Sen- Child Care and Development Block we could come back right after lunch, ators HARKIN and ALEXANDER. We have Grant Program to ensure that children with the leader agreements, and have had a great afternoon. are safe and healthy in their childcare passage on the child care and develop- We also had a number of people con- setting, that families have access to ment block grant bill. firmed today, which I am very pleased quality programs, and that States have Let me just say, Mr. President, that about, including the Ambassador to a coordinated system of early care and I want to thank Chairman HARKIN, Canada. I think it is pretty important education for children from birth to Ranking Member ALEXANDER and Sen- we have an ambassador to Canada be- age 13. ator MIKULSKI. I think we have gone cause Canada is our biggest trading One of the primary updates in the into this and we have tried to urge our partner. We haven’t had one now for 2014 reauthorization is the requirement colleagues, if they can make this bill months, and this is a very good out- that all childcare providers receiving better, to come to the floor and to do come. this assistance must go through com- that. I think we have seen, by the ac- But back to the bill. It has been al- prehensive background checks. It is un- tion of people who have done this in a most 20 years since the Senate last re- believable that currently only 13 responsible way, that we have worked authorized CCDBG. Since that time we States require comprehensive back- in a bipartisan way to make sure we have learned if we want strong commu- ground checks for childcare providers. could present to the Members of the nities, a robust workforce, and stu- We have had a number of incidents in Senate amendments that didn’t cause a dents who are ahead of the curve, we our State where children have had great deal of concern, and, in fact, they need to ensure that every child has ac- tragic injuries and tragic ends because did improve the bill. cess to high-quality childcare. of the lack of background checks. As a So I encourage my colleagues to file As the country’s primary Federal former prosecutor, I saw firsthand how those amendments tonight, to be pre- childcare program, CCDBG provides abuse harmed young children, tore pared to finish this bill before the mid- millions of families with the assistance families apart, and challenged local dle of the afternoon tomorrow, and we they need to ensure working parents law enforcement agencies, our court can expect to have a successful passage can keep their jobs or finish schooling system, and our social service and of this bill. knowing their children are safe and re- health care providers. Our kids deserve ceiving quality care. We know that a I thank the Chair, and I yield the better. We need to do everything we child’s early years are critical to build- floor. can to make sure people caring for our ing a strong foundation for their lives. kids undergo comprehensive back- The PRESIDING OFFICER. The Sen- Up to 90 percent of brain development ground checks before receiving child ator from Iowa. happens before age 5. Just think about care and development block grants. Mr. HARKIN. First, Mr. President, I that: 90 percent of brain development The bill also requires States to con- concur in everything the Senator from happens before age 5. That is why it is duct regular health and safety inspec- North Carolina just said. This is a very so important to invest in quality care tions of the childcare settings so we good bill. It is a great bill. The Senator and education. When we do, it pays off can make sure kids are learning and from North Carolina has put a lot into for the rest of us by giving us better in- developing in safe environments. this bill over the last couple of years, formed citizens and a more productive The legislation cuts redtape by giv- and we are close to seeing the finish workforce. ing families more flexibility around en- line. So I hope Senators and their Investments in the Child Care and rollment procedures. staffs who may not be present but who Development Block Grant Program These changes will not only strength- are watching will do just as the Sen- also give parents the option of afford- en the program’s integrity but also im- ator suggested. If they have amend- able childcare. Research indicates that prove transparency so that the 1.5 mil- ments, get them over to the floor to- higher childcare costs have a negative lion children being served through this night during morning business; we will impact on a mother’s employment be- program every month get the best care take those up, our staffs can work cause women are more likely to leave possible. those out, and, hopefully, we will be on their jobs when childcare costs are Raising the next generation has al- track to finish the bill tomorrow. high. That can have a lasting negative ways been a difficult job, and it has Again, I thank the Senator from impact on families’ finances and wom- never been more expensive. The future North Carolina for all the hard work he en’s future earnings. of our Nation rests on making sure par- has put in over a long period of time. As the Senate chair of the Joint Eco- ents have the support they need to give Mr. President, I ask unanimous con- nomic Committee, I released a report their children a strong start. sent that the motion to reconsider the last year that looked at the critical I urge the Senate to reauthorize this Landrieu amendment No. 2818 be laid role mothers play in the financial well- bipartisan bill and ensure children and upon the table. being of their families. My report working families get the quality care The PRESIDING OFFICER. Without found that lower income families are and education they need to thrive. It is objection, it is so ordered. especially dependent on the money the best investment we can make. earned by mothers who work outside I see the Senator from North Caro- f the home. In families in the lowest 10 lina Mr. BURR just came in. I thank percent of the income distribution, him for his great work not only on this MORNING BUSINESS mothers account for over half of family bill but also in allowing for this income. The high price of childcare amendment process, which I believe is Mr. HARKIN. Mr. President, I ask these days—it averages over $14,000 very important for the future of the unanimous consent that the Senate each year for two children—means the Senate. now proceed to a period of morning child care and development block grant Mr. President, I yield the floor. business until 7 p.m. with Senators per- assistance makes a big difference be- The PRESIDING OFFICER. The Sen- mitted to speak for up to 10 minutes tween families rising into the middle ator from Montana. each. class or falling further behind. Mr. TESTER. Mr. President, I wish The PRESIDING OFFICER. Without Working families across the country to talk about two amendments I will objection, it is so ordered. are counting on us to get this done. call up on S. 1086, the child care and de- The PRESIDING OFFICER. The Sen- Since the child care and development velopment block grant bill. The first ator from Minnesota. block grant was last reauthorized in one I will speak to is amendment No.

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1571 2834, which Senator MURKOWSKI and I port parents who are grieving for their of the facts and circumstances involved are offering in relation to tribal children as well. This is a small amend- in both of these matters. This will be childcare facilities. ment, but it will mean so much to par- an ongoing process which should not be As my colleagues know, I recently ents who suffer the unimaginable loss described or discussed in the public do- took over as chairman of the Senate of a child. I urge my colleagues to main but, like all other intelligence Committee on Indian Affairs, and 2 stand for compassion, and I urge adop- committee matters, should remain weeks ago I held my first hearing. This tion of this amendment when it is within the purview of the confines of hearing focused on early childhood de- brought up. the intelligence committee. velopment and education in Indian Mr. President, I suggest the absence Today I simply wanted everyone to Country. This hearing was timely, as of a quorum. know where I stand on this matter and some of the testimony the committee The PRESIDING OFFICER. The how we need to get to the ground truth received related to the child care and clerk will call the roll. of these very important matters. development block grant. At that hear- The bill clerk proceeded to call the Mr. President, I yield the floor. ing a childcare program director from roll. The PRESIDING OFFICER. The Sen- the White Earth Nation—who is also Mr. CHAMBLISS. Mr. President, I ator from Pennsylvania. the chair of the National Indian Child ask unanimous consent that the order Mr. CASEY. Mr. President, I ask Care Association—testified about the for the quorum call be rescinded. unanimous consent to speak as if in The PRESIDING OFFICER. Without needs of her program and the needs of morning business. objection, it is so ordered. The PRESIDING OFFICER. Without all Indian childcare providers. One of Mr. CHAMBLISS. Mr. President, I objection, it is so ordered. the needs she highlighted was improv- rise somewhat reluctantly today to (The remarks of Mr. CASEY are printing the condition of tribal childcare fa- speak about an intelligence committee ed in today’s RECORD under ‘‘Morning cilities in Indian Country. matter. Business.’’) According to the Administration for Allegations in the past 24 hours have Mr. CASEY. Mr. President, we know Children and Families, of the 260 In- been discussed rampantly in the halls it is well past time—and that is an un- dian tribe or tribal organizations that of Congress and in the press. Based on derstatement—to take up the reauthor- receive CCDBG funds, only 14 of them press reports today, yesterday, and ization of this important legislation, constructed new tribal childcare facili- even last week, allegations have been the Child Care and Development Block ties in the last 10 years. made regarding the Central Intel- Grant Program, which has not been re- In an effort to improve and replace ligence Agency’s actions toward the authorized since 1996. It is hard to com- facilities, my amendment allows tribes committee, as well as staff and Mem- prehend that, but that is true. more flexibility in the use of their bers’ actions on the Senate intelligence In the nearly two decades since, our grant funds. Renovation and construc- committee toward the CIA. understanding of early childhood devel- tion of tribal facilities is already an al- The reason I feel compelled to speak opment and the importance of high- lowable activity under this legislation, on this matter is the following: Al- quality childcare in early learning has but the law explicitly states that In- though people speak as though we expanded dramatically. Investing in dian tribes or tribal organizations can- know all of the pertinent facts sur- high-quality early learning opportuni- not reduce services—even tempo- rounding this matter, the truth is we ties, such as childcare and prekinder- rarily—to improve or replace their fa- do not. The Republican committee garten, sets children on the path to cilities. members on the Senate intelligence success. This amendment allows the Sec- committee and staff were not involved I like to say if children learn more retary to grant a waiver to an Indian in the underlying investigation of the now, they will earn more later, and tribe or tribal organization, permitting detainee and interrogation report. We that is why there is a direct nexus with them to temporarily reduce services if do not know the actual facts con- the quality of the childcare we provide. they can prove the outcome will im- cerning the CIA’s alleged actions or all The quality of early learning connects prove capacity or improve services as a of the specific details about the actions directly with our economic growth. result of the construction. It is a sim- by the committee staff regarding the Our gross domestic product—our fu- ple, commonsense amendment that draft of what is now referred to as the ture economic growth and success as a will improve the quality of life in In- ‘‘Panetta internal review document.’’ country—is substantially dependent on dian Country, and I urge its adoption Both parties involved have made al- the quality of early learning and the when it comes up. legations against one another and have quality of childcare. It is good we are I will now speak to amendment No. even speculated as to each other’s ac- focused in a bipartisan way on the 2835. Under current law, a parent who tions, but there are still a lot of unan- childcare aspects of this challenge. suffers the tragedy of the death of a swered questions that must be ad- We must update the Federal stand- child has to rely on their employer’s dressed. No forensics have been run on ards that relate to childcare to ensure compassion for time off to grieve. the CIA computers—or, as my col- that the Federal Government is sup- Many times this is not an issue. There leagues refer to them, ‘‘the SSCI com- porting high-quality childcare—not are thousands of compassionate em- puters’’—at the CIA facility to know just any quality childcare—for low-in- ployers out there who give parents the what actually happened regarding the come children. space they need. But not everyone is so alleged CIA search or the cir- The bill we are considering sets a fortunate. Some folks who just aren’t cumstances under which the com- new standard for childcare in America. ready to come back after a few days mittee came into possession of the Pa- It makes sure Federal dollars are going end up having to choose between re- netta internal review document. to providers who are committed to pro- turning to work while struggling with Given that both of these matters viding childcare that meets certain cri- the aftermath of their child’s death or have now been referred to the Depart- teria, such as health and safety stand- losing their job. ment of Justice, it may take us a while ards. This amendment would fix the Fam- before any accurate factual findings Many of these changes reflect pro- ily and Medical Leave Act to include can be reached and a satisfactory reso- posals I put forth in previous Con- the death of a child as a trigger for lution of these matters can be gresses to improve the child care and benefits provided under the FMLA. The achieved. It may even call for a special development block grant. The Starting FMLA currently allows parents to take investigator to be named to review the Early Starting Right Act was legisla- time off to care for a child battling a entire factual situation. Eventually, tion I introduced. serious health issue. But children be- we will get to the bottom of this, but I am encouraged we are able to reach tween the ages of 1 and 14 are more today I cannot make a statement that consensus on many of the provisions I than twice as likely to die suddenly will reflect what actually occurred and supported in the past and that they are from an accident than from cancer, flu, therefore what recommendations we represented in this bill. I, and I know and pneumonia combined. ought to make as we move forward. many others, would have liked to have The FMLA protects parents who are Right now our committee members gone further to provide more of an in- caring for their children; it should sup- are conducting an internal assessment vestment both by way of dollars and

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1572 CONGRESSIONAL RECORD — SENATE March 12, 2014 more of an investment by way of qual- ing sure we are setting aside more dol- It wasn’t during the normal course of ity, but these are significant changes lars for infants and toddlers. business, but this wasn’t the normal and we should all support them. There are a whole range of actions we course with the Civil War going on. In terms of the increase in incentives are taking, but we still have a ways to Typically Congress would get the final that I would hope we can do at a future go to speak directly to the needs that word on admission of a new State to date, I described them in this way: in- working families have in terms of the the Union. centives for States to invest in quality cost of childcare and ensuring the kind But these, as I have indicated, were ratings and improvement systems. We of quality they have a right to expect. certainly not normal times. Even know a lot of acronyms. This is QRIS, Finally, on a related topic, we need today we acknowledge Nevada’s unique Quality Rating and Improvement Sys- to make sure we are making a national path to Statehood on our State flag tems, which encourages childcare pro- and substantial commitment to early with the words: ‘‘Battle Born.’’ viders to make continuous improve- learning. The President has talked Throughout this year, we will cele- ments in the care they provide and the about this issue. People from both par- brate Nevada’s 150th birthday with facilities they use often through finan- ties and CEOs tell us about it all the events in every corner of the State. cial incentives, such as higher reim- time. We need to get together on these From my hometown of Searchlight to bursement rates, when a certain qual- other issues even as we pass this bipar- Virginia City to Elko, there is a 150th ity level is reached. tisan legislation. anniversary event to match every in- However, I still believe the bill we I wish to commend the work of Sen- terest. have in front of us represents a sub- ator HARKIN and Ranking Member Nevada is a very large State. Area stantial and significant improvement ALEXANDER, who are working to get wide it is the seventh largest in the over the current law. We owe our most this done, and the good work over sev- country. It is a unique State with more vulnerable children nothing less. eral years now done by Senator MIKUL- mountains than any place other than For the first time we are requiring SKI and Senator BURR. Alaska. We have 314 separate mountain all States to develop a robust health We need to get this done and then get ranges. We have one mountain that is and safety set of standards and to in- to work on some of the childcare and 14,000 feet high. We have 32 mountains stitute a consistent background check early learning challenges our country over 11,000 feet high. We have wide- for childcare providers. We are requir- faces and families are often burdened ranging land, and we have some of the ing States to formally coordinate their with. coldest places in the Nation and some early learning programs to improve I yield the floor and note the absence of the hottest places in the Nation. service coordination and delivery. We of a quorum. We have all kinds of wildlife. Theo- are allowing children who qualify for a The PRESIDING OFFICER. The dore Roosevelt created an antelope subsidy to receive 1 year of care before clerk will call the roll. range that is large and sparsely popu- their eligibility is redetermined. This The legislative clerk proceeded to lated. We have not only the antelope, will help promote stability and con- call the roll. we also have desert bighorn sheep. In tinuity for the entire family and en- f Nevada we have mountain goats; we courage the child to develop strong re- have almost 3 million acres of wilder- lationships with his or her teachers MORNING BUSINESS ness. It is a very beautiful State. It is and peers in childcare. Mr. CASEY. Mr. President, I ask more than the bright lights of Las Finally, we are increasing the invest- unanimous consent that the order for Vegas, Reno, and Lake Tahoe—even ment in quality from the 4-percent the quorum call be rescinded. though we are very proud of sharing quality set-aside per year—currently The PRESIDING OFFICER. Without the stewardship of Lake Tahoe with required in law—to 10-percent within 5 objection, it is so ordered. the State of California—as Mark Twain years, including a separate set-aside f said: ‘‘the fairest picture the whole for infants and toddlers. Quality is a NEVADA SESQUICENTENNIAL earth affords.’’ continuum and continual investment. It is not a one-time purchase. It is Mr. REID. Mr. President, throughout We will mark Nevada’s second con- something we need to support and sus- this year, my home State will cele- stitutional convention, the day Nevada tain. brate the 150th anniversary of its path voters finally approved its constitution This bill is about investing in our to Statehood, on October 31, 1864. and the day, Halloween, October 31, children’s future and supporting work- Next week, while I will be home vis- 1864, that Lincoln proclaimed Nevada’s ing parents. I urge all of my colleagues iting my family and constituents, the Statehood. The 150th anniversary of to join us in supporting the CCBDG re- Battle Born State will celebrate the our admission to the Union provides a authorization—a nice acronym for a day that Congress passed and President wonderful opportunity to study Ne- long bill. Abraham Lincoln signed legislation vada’s history. It is also the birthday I mentioned earlier that if children paving the way for Nevada to become of my young brother, so it is easy to re- get quality early care and learning, the 36th State. At that time Congress member—admission day, Halloween, they will learn more now and earn was in a rush to welcome Nevada into and my brother’s birthday all occurred more later when they are in the work- the Union. It was during the Civil War; the same day. force. There is no question about that. it was raging. It is also a chance to reflect on Ne- All the studies indicate that. We know The only other State admitted to the vada’s unique pioneer spirit—a spirit that. There is no disagreement about Union during the war was West Vir- that continues to make our State very that. ginia, which seceded from Virginia to special. We also have to recognize that there remain part of the Union in 1863. Mr. HELLER. Madam President, I are so many families—somewhere in Congress didn’t want to wait until rise to recognize the great State of Ne- the millions—that have two parents the next session to admit another new vada, as we celebrate 150 years of state- working, and we know the stress and State—a new State that could swing hood. It is a remarkable opportunity to challenge that creates. In addition, we the Presidential election in Lincoln’s speak on the floor of this Chamber have just come through the worst eco- favor and provide crucial votes for the about this milestone, given the role the nomic downturn since the 1930s. Climb- 13th Amendment, which abolished slav- Congress played in the formation of the ing out of that hole and having all of ery. Nevadans had already rejected one Silver State. The movement to make the economic pressures on these fami- proposed State constitution, so there the Nevada Territory a State began lies, they are often also heavily bur- was no time to waste. within the territory, but the first at- dened or even crushed by the cost of On March 21, 1864, in the waning tempt to formulate a Constitution childcare. hours of the 38th Congress, a law was failed. We have an opportunity with this passed allowing Nevada to enter the Shortly after, the 38th Congress legislation to move forward and make Union whenever voters finally passed passed an enabling act for Nevada needed changes on issues, such as and President Lincoln approved a State statehood. Signed by President Abra- health and safety standards and mak- constitution. ham Lincoln on March 21, 1864, this bill

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1573 made it possible for Nevada to eventu- vada. Among other things, he was in- to fulfill our 150-year-old promise of ally adopt a State constitution. Lin- strumental in preserving Lake Tahoe being willing and able to give all for coln proclaimed Nevada a State on Oc- and establishing our State’s first com- our country. tober 31, 1864. munity colleges and our medical I am a proud Nevadan, and as the son The guarantee of statehood was given school; or former Representative Bar- of a auto mechanic from Carson City, to us by Abraham Lincoln, who, with- bara Vucanovich, who will be recorded it is a privilege to stand on this Senate out assistance, would go on to pass the in the history books as the first woman floor to recognize our State’s 150 years 13th amendment, win the Civil War, to represent Nevada in the U.S. House of Statehood. and heal our broken Nation. of Representatives. This alone is a re- Before I close, I thank Lieutenant Marking the 150th year of Nevada’s markable achievement, but the integ- Governor Brian Krolicki, chair of the statehood takes me back to Carson rity and determination with which she Nevada Sesquicentennial Commission, City when I was just 4 years old. It was fulfilled her duties makes her achieve- for the hard work he has put into rec- Nevada’s centennial celebration, the ment even grander. ognizing this important milestone. date was October 31, 1964. I remember Former State Senator Bill Raggio Over the course of this year, the com- being with my family, sitting on the also comes to mind. He was a true mission has planned and overseen lawn, listening to the Carson City Mu- statesman and the longest serving many events and activities, providing nicipal Band lead the festivities at the member in the history of the Nevada Nevadans an opportunity to reflect on State capitol. State Senate. These individuals have where we have been and where we are During that same year, 1964, Lyndon left their mark, but it is the people of going. Johnson was reelected over Barry Nevada who have forged the Silver SYRIA Goldwater and would go on to declare a State. Mr. CASEY. Mr. President, I rise to- war on poverty. In 1964, race riots During the formation of our State’s night to talk about Syria and the hu- broke out in Harlem. Across the Na- constitution, Nevadans demanded that manitarian crisis this conflict has cretion, President Johnson signed the our State’s mothers and sisters be ated. This week we mark a very grim Civil Rights Act of 1964 into law. The heard. The women of Nevada were anniversary: the third anniversary of 24th amendment to abolish the use of granted the voice of a vote before the the beginning of the conflict in Syria. poll taxes was ratified. In 1964, the 19th Amendment was ratified by our So we are entering our fourth year. Summer Olympics were held in Tokyo, Nation. We helped pioneer the vote for There is much to cover and talk Congress passed the Gulf of Tonkin res- all. about. I will be brief tonight, but it is olution, which ultimately allowed for During World War II, when our brave important that we don’t forget what is increased military action in Vietnam. soldiers fought for peace and pros- happening to the Syrian people and es- The James Bond film ‘‘Goldfinger’’ perity, Nevadans who were not able to pecially to the children in Syria. began its run in the United States and fight abroad brought forth minerals Over the past 3 years the brutal Assad regime has unleashed a cam- ‘‘Bewitched’’ premiered on television. such as magnesium from the ground. So much has changed in these past 50 Magnesium, harvested near the town- paign of unspeakable violence against years, but the character of Nevada has ship of Henderson, was considered a its own citizens, with 9.5 million people now needing humanitarian assistance not. From its first birthday to its miracle metal for the munitions and in Syria. Syria’s neighbors are over- 100th, to its 150th, Nevada continues to airport parts which would help lead to flowing with 2.5 million refugees. This be shaped by its people, people who are us victory. week Amnesty International and Save entrepreneurial, fiercely independent, The residents of Boulder City built The Children released reports that un- and as diverse as our terrain. We are the Hoover Dam, a government infra- derscore the atrocities the Syrian peo- molded by the grit, hard work, and pio- structure project which holds back 26 ple have suffered and continue to suf- neering spirit of individuals deter- million acre-feet of water. The dam fer. These reports describe the regime’s mined to succeed. was completed early and under budget. The list of men and women who have With an expected 2,000-year lifespan, use of starvation tactics against its molded our State is long. Where some the Hoover Dam supplies clean energy own citizens: Syrian children dying saw impossibility, a Nevada Senator by to the grid, water to thirsty cities from preventable diseases and the name of Newlands saw opportunity. across the Southwest, and protection newborns, newborn babies freezing to To this day, his legacy lives on in the to downstream communities. death in underequipped hospitals. hay, the cattle, and the very fields that Ever since we were borne into the UNICEF reported this week that Syria were made possible by the waters he battle to mend our broken Nation, Ne- is now one of the most dangerous brought to this desert. vadans have been willing and able. Al- places on Earth to be a child. These unspeakable horrors confirm Standing among our Nation’s great, though our population is small, our my worst fear about the conflict: that frozen in bronze, greeting visitors to caliber is high. From all walks of life, the most vulnerable and innocent are the Nation’s Capitol is another Ne- brave Nevadans have heard and re- at the center of President Assad’s siege vadan, Sarah Winnemucca. She, simi- sponded to the call to arms. At Naval against his own people. lar to many Nevadans, challenged the Air Station Fallon, we host the Navy’s I want to share the story of a 10-year- status quo. She refused to accept the top gun school. The elite men and old Syrian boy when he recounted his injustices brought on her Native Amer- women of our Armed Forces who train experience with the conflict, this 10- ican brothers and sisters. here push the limit, compete, and set year-old boy in his account from Save Instead of fighting with a weapon, the tone for global air superiority. The Children’s 2012 report entitled Welcoming tourists from across the she fought with her pen. Through her ‘‘Untold Atrocities, The Stories of Syr- globe, farming, mining, engineering, words, the plight of our fellow Ameri- ia’s Children.’’ Here is one of the sto- ranching, and serving in the Armed cans living on reservations was heard. ries in his own words: Of course, in Nevada, Mark Twain Forces, these are just a few things we When the shells started to fall I ran. I ran was born. Samuel Clemens adopted the Nevadans do. And as our State motto so fast. I ran and I cried at the same time. famous pen name while covering the goes, all of these are done ‘‘all for our When we were being bombed we had nothing. news for the Enterprise in Virginia country.’’ No food, no water, no toys, nothing. There City. Twain wrote eloquently about Recent times have been tough in Ne- was noway to buy food—the markets and Nevada, from the rough-and-tumble at- vada, but our pioneer spirit lives on. shops were bombed out. After that we came titude of the Wild West to the beauty We continue to move forward. We have back home. To make our food last we ate of Lake Tahoe, dubbing it ‘‘surely the seen the booms and now, more than just once a day. My father went without food fairest picture that the whole earth af- most, we continue to feel the most re- for days because there wasn’t enough. I recent bust. Like many in our great Na- member watching him tie his stomach with fords.’’ Any visitor to this pristine a rope so he would not feel hungry. One day landscape would also agree. tion, Nevadans have lost homes, liveli- men with guns broke into our house. They More recently, I think of Paul Lax- hoods, and the promise of a steady pay- pulled out our food, threw it on the floor, alt, the former Lieutenant Governor, check, but this will not deter us. Our stamped on it, so it would be too dirty to Governor, and U.S. Senator from Ne- State is battle born. We will continue eat. Then we had nothing at all.

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1574 CONGRESSIONAL RECORD — SENATE March 12, 2014 That is the recollection of a 10-year- I know myself from reading news re- I believe we can agree on a bipartisan old boy in Syria. And you go through ports or columns by journalists in this basis that this kind of horrific human the report, the catalog, really, of mis- country how much information we can suffering is both unconscionable and ery that was compiled by Save the glean from what is happening inside unacceptable, and we have a national Children from young boys and young the country where very few people can security interest in ending this conflict girls of all different ages and every one go to get information. So we need to and countering the influence of Iran of them has a tale of horror just as he focus on that aspect of the problem in and Hezbollah in the region. It is one of outlined. Some are worse and more the crisis as well. the reasons it is in our direct national graphic than what I read. But we shouldn’t allow this crisis to security interests to make sure we play This most recent report by Save the continue worsening before our eyes. We a substantial role in ending the con- Children is entitled ‘‘A Devastating need to act. I have been working on a flict. Every day the conflict goes on Toll,’’ and it describes the impact this bipartisan basis to put legislation and the regime in Iran strengthens to ex- conflict has had on children in great legislative support behind efforts to port terrorism and all the trouble the detail. bring this conflict to an end. regime imposes upon the region, and I commend the report to my col- In 2012 I worked with Senator RUBIO secondly, Hezbollah and other extrem- leagues. to introduce S. Res. 370, which called ist elements are empowered the longer In an article in the New York Times, for democratic change in Syria, and S. the conflict goes. in this case by Nicholas Kristof, he 3498, the Syrian Humanitarian Support We need to send a clear message from said, ‘‘Syria is today the world capital and Democratic Transition Assistance the Senate that we support efforts to of human suffering.’’ Act of 2012. In 2013 I traveled to Turkey bring Assad’s tyrannical rule to an end Anyone who knows the work done by where I met with opposition political and to respond to this devastating hu- Nicholas Kristof knows he has seen a and military leaders to discuss the sit- manitarian crisis which threatens to lot of places in the world where there is uation inside of Syria. They asked for destabilize the region and scar a gen- terrible misery and suffering. So for aid to help build the capacity of the po- eration of young Syrians. him to say that is a substantial indica- litical opposition as well as support to When we talk about this, we are talk- tion of how bad the conditions are in the military opposition in the form of ing now about millions of children—by Syria. Of course, when he made that communications gear, night vision gog- one estimate 5.5 million children— statement it was back in September, gles, and bulletproof vests. being adversely impacted. Thousands— many months ago. As bad as it was A year ago Senator RUBIO and I by one estimate more than 10,000—of then, it is even worse now. proudly introduced S. 617, Syria Demo- those children have already been So today I call on all Senators, both cratic Transition Act of 2013. This bill killed. And the ones who have not been parties, and the international commu- would, among other things, first in- nity to support the efforts to bring this killed have seen the kinds of horrors no crease U.S. assistance to victims of the terrible chapter in Syrian history to a human being should ever see, even as conflict, both inside of Syria and out- close. Peace talks could be a way to adults. It would be very difficult to re- side of the country; No. 2, support a po- end the conflict. However, I am discover from some of the horror and litical transition by authorizing bilat- appointed that the talks this past some of the trauma these children have eral assistance to build the capacity of month did not lead to any tangible seen. It will be with them for the rest the moderate political opposition to progress. The Assad regime has refused of their lives. We have an obligation to prepare for a transition; No. 3, provide to negotiate in good faith. do everything we can to provide path- Diplomacy is part of the solution, nonlethal equipment to vetted ele- ways to help them, but also to change but what we need now is to change the ments of the armed opposition; and the dynamic on the battlefield so those momentum on the ground. Peace talks fourth, expand sanctions against the children will never have to see this and diplomacy are fine, but unless Central Bank of Syria and designated kind of horror again. something changes on the ground, un- individuals, especially any foreign en- Before I wrap up this segment of my less we can take some action or take a tities that continue to do business with remarks, I do want to note that despite series of steps to affect what is hap- the Assad regime. the challenge here, the dynamic on the pening on the ground, all the talks in After picking up 10 bipartisan co- ground that hasn’t gone very well, the the world will be to no avail. sponsors to our bill, we worked to en- opposition and the extremist elements The Assad regime and their sup- sure that the important aspects of S. within the opposition make it very dif- porters calculate that they can defeat 617 was incorporated into another bill, ficult for us to be helpful even when the opposition and remain in power. S. 960, the Syria Transition Support our government is trying. The United States should be working Act, which then passed the Foreign Re- The humanitarian crisis that I just with our international partners to tip lations Committee in a substantial bi- outlined is substantial, and the refugee the balance in favor of the opposition. partisan manner last year, last sum- issue in the region is substantial. Just If we do, not another round of talks mer. imagine this: In Lebanon alone there will yield the same result: No change. I sent a letter to Secretary Kerry are almost 1 million refugees in a coun- The international community took a earlier this year urging him to resume try that cannot handle that kind of good step in ushering in the passage of nonlethal aid in order to help bolster number. In Jordan, the number is just U.N. Security Resolution 2139 on Feb- the opposition before the talks in Swit- below 600,000. Most people think the ruary 22. With U.S. leadership, Russia zerland. I was pleased to see that aid number is a lot higher than that in and China—which have obstructed resumed not long after I sent the let- Jordan. Lebanon, as I said, is almost 1 other such resolutions—finally joined ter. We know Senators KAINE and million; Turkey is 600,000—that number the international community in de- RUBIO are working on many of the prin- may be low, as well; more than 224,000, manding an end to attacks on civilians ciples that I and others have been by estimates, in Iraq; 134,000 in Egypt. and that the Syrian regime facilitate pushing for the past 3 years, reit- These are the numbers of refugees in humanitarian aid to the besieged areas. erating the need for unfettered inter- just those five countries. Millions of U.N. Security Council Resolution national aid for those in need in Syria people are being impacted, millions 2129 also condemned detention of jour- and the surrounding region, empha- more within the country. If you sub- nalists. We do not talk enough about sizing the neutrality of medical profes- tract the refugees who have left the this issue. Both international and Syr- sionals and aid providers working in- country and subtract the numbers I ian journalists have bravely gone into side Syria. Their legislation would sup- talked about with regard to children, areas of Syria that many other non- port civilians who have suffered during just the adults within Syria who have combatants would not dare, and many this conflict, particularly women and been affected are in the millions. have paid the ultimate price. So far 60 children. I commend Senators KAINE Despite all that horror I think it is journalists have reportedly been killed and RUBIO for their leadership on this important for us to point out that our inside Syria. These courageous individ- resolution. I intend to support this res- government has helped enormously. uals have given us a window into the olution when it is introduced and I The Obama administration deserves a devastation inside of Syria. urge all my colleagues to do the same. lot of credit, commendation for what

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1575 they have done already. They get criti- There being no objection, the mate- Lemurs are comparatively easy to read. cized a lot, but we should highlight rial was ordered to be printed in the You can spend less than half an hour watch- some of the good things they have RECORD, as follows: ing Molly and feel as if you almost understand her thought process. You can become done. The humanitarian assistance pro- [From the Washington Post, March 6, 2014] vided by the administration, paid for so absorbed you forget who and what you NATIONAL ZOO’S LONGEST-SERVING KEEPER are, and that you are watching. It can be- by U.S. taxpayers, is substantial and BIDS FAREWELL come like reading a novel, the closest hu- should be noted. It is now more than (By Rachel Manteuffel) mans can get to having someone else’s con- $1.7 billion. No country comes even sciousness for a change. On his last night as the longest-serving close when it comes to the support our It took a year and a half in the reptile keeper at the National Zoo, David S. Kessler house, but eventually Kessler could tell taxpayers and our government have checks and rechecks the locks on the enclo- provided. About half of that $1.7 billion when something was wrong with a snake. sures in the Small Mammal House. He col- He’s about average height, and he has had has been to help within the country. By lects his farewell gifts and mementos and one USAID estimate, about $878 mil- a beard most of his 59 years, but not now. He softly narrates to himself what needs to be wears khakis and polos to work, with big lion is for help within Syria. The bal- done. ‘‘Okay, lights out here, good. Hi, ba- rubber boots, disposable gloves and face ance of that, something on the order of bies!’’ he says to Reuben and Jolla, the howl- masks. Primates can pass each other disease a little more than $850 million, of er monkey couple. ‘‘Aagh, g’night, sweet- easily, he says. A keeper’s herpes cold sore course, is helping refugees in neigh- heart. Did I wake you up? I’m sorry.’’ He can kill a gorilla. boring countries. So substantial help checks the seven timers on the lights, saying In conversation, Kessler tosses out bits of ‘‘timer’’ aloud at each. He’s not thinking, he by the American people should be philosophy, science, novels, plays—knowl- says, about how this January night is the edge you should have, if you had time to noted. I think we need to figure out last time after 39 years, two-thirds of his ways to do more. There is probably not read, and he acts as if you probably know life, at the zoo. Now Gus the rock hyrax— them, too. a lot of room for more dollars and hu- who looks like a four-pound guinea pig but is He knows each of the hundred-odd resi- manitarian aid, but we should consider more closely related to the elephant— dents of the Small Mammal House by their that if we can. But there are lots of catches his attention in the dark. It’s as if six-digit reference number. He has also pub- ways we can help here without directly the little guy knows something is up. lished or co-written about a dozen research engaging any of our troops or any of Considering the personal magnitude of the papers. Written three unpublished novels. He our military might on the ground. occasion, everything is going fine as Kessler once went on a radio show to compose son- There are lots of ways to help and we prepares to walk away from the animals who nets on demand. He mentors high school stu- he says rescued him, who might just have dents and oversees their research projects. urge the administration to keep focus saved his sanity. on a new and more substantial strat- Every year Kessler takes off work to see as ‘‘Gus is sticking his head out—’’ Kessler many shows in the Capital Fringe Festival egy, which I know they have been notes, then stops. He sobs once, his knees as possible, since they often run past mid- working on. They should consult with buckle, and he drops face-down on the floor night and his work would start at 6:30 a.m. Congress and work with us as we move of his House. He spends an hour a day on the treadmill. He forward. Earlier in the day, Kessler talked about his lives in Silver Spring and has been married career. ‘‘I like to work with animals that no- f for 30 years—he still writes his wife, Patri- body thinks about,’’ he said. Small mam- cia, sonnets. He smiles when he happens TRIBUTE TO DAVID KESSLER mals, it’s true, are not headliners. Hey, kids, upon a picture of her unexpectedly. They Mr. LEAHY. Mr. President, earlier let’s go see the shrews! In the past few years, have a grown son, Ben, who co-owns an Kessler has been lavishing his attention on urban farming company in Charlottesville. this year, after 39 years of public serv- the naked mole rat, an animal that resem- ice, most recently as the National When friends asked, he officiated their 2006 bles a flaccid penis with buck teeth. He al- wedding, working with them to write a per- Zoo’s keeper for the Small Mammal ways has a favorite weirdo. He has been the sonalized service, complete with sermon. House, David Kessler turned in his red panda guy, the house shrew guy, the Kessler took lessons from an actor friend on keys and turned toward retirement. He Prevost’s squirrel guy and the moonrat guy. how not to cry. He always cried at weddings has dedicated two-thirds of his life to Moonrats have no natural predators, Kessler but didn’t want to distract while performing caring for the howler monkeys, lemurs, says with admiration and a little pride, be- one. He was asked to officiate another wed- and shrews living at the zoo. cause they smell so bad. ding in Rockville, even though he was racing In addition to feeding the animals There aren’t a lot of jobs like zookeeper. to New Jersey and back to be with his dying Technically, Kessler’s job has been biologist, and cleaning out their enclosures, father. His father died. Kessler made the ar- but the caretaking—the keeping—is what he rangements so his mother and sisters Kessler spent his days watching, close- loves best. ly observing any changes in appetite or wouldn’t have to, then drove from New Jer- ‘‘It’s the care of living things. To keep, sey to the rehearsal dinner that night. When behavior that might suggest something that’s a beautiful thing. The longer you another friend needed him to, he was the one was amiss. He remembers the endless watch an animal or a person just doing their to officially identify her husband’s body. hours he spent with William, a gibbon, thing, the more you feel connected to them.’’ For a while he fronted a calypso-reggae after William’s traumatizing experi- A keeper feeds the animals and mucks out band. He is universally beloved among col- ence at the hospital that left him their enclosures, but the real work is obser- leagues and friends—suspiciously so, if you afraid of humans and ostracized from vation, watching their bodies and behavior are a person suspicious of that sort of thing. closely for subtle changes that mean some- his parents. Kessler holds on to a photo Kessler’s last ‘‘Meet a Mammal’’ dem- thing is wrong. And figuring out how to fix onstration for zoogoers, on his last day at of William sleeping on his shoulder. it. work, was attended by Linda Hopkins, a zoo At the zoo, it wasn’t just about Take the lemurs, smallish primates with electrician who’d known him 11 years and Kessler caring for the animals; it was doglike faces, some of the most social crea- brought him a bottle of wine, and Susie about connecting with them. They tures in the Small Mammal House. Cortes Kane, who had never met him, but she had kept him as much as he kept them. He and Coronado are recent acquisitions— heard he was leaving, and in 2005 he had admits he wouldn’t be the same person Kessler drove them down from the Bronx Zoo kindly answered her e-mailed question about if it weren’t for the animals. Their con- in his Honda Civic—who are being carefully building a naked mole rat habitat for her nection has kept him in the moment phased in with Molly, who has been the sole dorm room. lemur at the Small Mammal House since her In December, Scientific American declared and happy. mate died. The keepers noticed the new le- I was touched to read a moving pro- the naked mole rat Vertebrate of the Year. murs were keeping low to the ground, un- He is a happy man who’s leaving the job he file of David’s career and of his last day lemurlike behavior. Lemurs are at home in loves. in the Small Mammal House. His love treetops, and the damp ground was irritating He’s retiring young because of his psoriatic for the small mammals for which he one of Cortes’s paws. Perhaps Molly was arthritis. It’s much better these days——he cared is evident. Health may have being territorial. They would wait and see, gets injections of monoclonal antibodies. rushed his retirement, but by any maybe give Molly more attention. And keep But it is progressive. ‘‘I only have so much measure his was a career spent in serv- watching. health left,’’ he says, and zookeeping is phys- ice to some of the most interesting Kessler and his colleagues would eventu- ically taxing. He wants to travel with his ally determine Molly wasn’t behaving ag- creatures visited at our Nation’s zoo. I wife, and write. gressively toward the other two lemurs. A A loved one once told him that he would ask unanimous consent to have printed volunteer noticed it was the rock hyraxes probably be happier as a hermit. He wasn’t in the RECORD this touching profile antagonizing Cortes and Coronado. The rock insulted. from the Washington Post of a career hyraxes were moved to a different exhibit ‘‘I’m more comfortable by myself and with well worth celebrating. and, voila, the lemurs returned to the trees. animals than I am with people,’’ he says. ‘‘I

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1576 CONGRESSIONAL RECORD — SENATE March 12, 2014 don’t feel like I fit around people.’’ Around you have a strategy that doesn’t work, Afghanistan. Reedy’s wife Amanda sent people, he is giving a sort of performance. change your strategy.’’ him the book, and he loved it so much ‘‘But an honest performance.’’ Sometimes he His new strategy was to avoid introspec- that he read it in one sitting and sent loves it, performing, fronting a band, offici- tion. Completely. ‘‘Working with animals a thank you note to the author. ating at weddings. ‘‘There’s tension, but fun made me start thinking about other things tension, like scary movies. I like the atten- more. And when I was able to start thinking Katherine’s husband John, whom I tion and the tension.’’ about other animals more, I was able to in- knew as a gentle soul, sorted her mail So ask to watch him work, ask him to ig- clude humans in that group.’’ Understanding and made sure that his wife saw the nore you, and it doesn’t work. That’s a pri- William the gibbon, for example, and build- letter from Trent. A correspondence vate part of him, reserved for himself and ing his trust, was a big ‘‘breakthrough with began between the two, and Trent fi- the animals. He’ll start offering you books or myself.’’ nally revealed his intent to become a telling you stories, and if you patiently sit ‘‘The real change was Patricia,’’ he says. writer. Upon his return, Trent visited around, pretending to use a computer in his ‘‘But I probably couldn’t be with her if I Katherine and John in Vermont and at office until he forgets you’re there, he will hadn’t been working with animals.’’ not forget you’re there. He will grow slightly According to dominant psychology and Katherine’s urging, and with her rec- agitated and need some alone time with the philosophy, introspection is the key to living ommendation, studied writing at the lemurs after you’re gone. right. But Kessler’s unexamined life is the Vermont College of Fine Arts and later His last day is a whirl of well-wishers, only kind he wants to live. wrote his first novel, ‘‘Words in the friends, leftover food from the party the day For obvious reasons, it’s difficult for him Dust.’’ before, paperwork, gifts, tears and hugs. ‘‘I to explain how he stopped being introspec- As someone who considers Katherine don’t like to be touched,’’ he says to one tive. Working with animals is one way, but and her late husband to be special hugger, ‘‘but being hugged is fine.’’ there were others. When he worked alone off- He hadn’t been assigned to do the lines friends, I was thrilled to read Sally exhibit, he narrated his novels in his head. Pollak’s article in the Burlington Free that morning—the shift that starts before He noticed that closing certain doors in the sunrise, when the animals get their break- building was musical, producing two notes, a Press, ‘‘Soldier finds lifeline in letter fast and their enclosures are cleaned out. He seventh interval: the first two notes of a exchange with Vermont author.’’ In had e-mails to read, but people kept coming song from ‘‘West Side Story″: ‘‘Somewhere.’’ fact I was so pleased, I called Katherine by for hugs and predicting he’ll be back. He Sometimes he needs to go alone to see if the day the story was published. says no, never coming back. He seems to Molly wants a belly rub. Lemurs and Reuben In addition to being a Vermont treas- mean it. the howler are the only ones in the Small ure, Katherine is an acclaimed author Even friends who aren’t physically present Mammal House to much enjoy the touch of a whose stories will be read for genera- are distracting him. ‘‘Happy birthday to human. But lemurs are not pets. They did you,’’ he sings into a friend’s voice mail, gar- tions. Marcelle and I have enjoyed not evolve to be companions for humans, to them, our children have enjoyed them, gling the last line. ‘‘Happy Jimmy Page’s cheer us up or give us something to love. birthday, happy your birthday, happy your Molly indicates if she wants a belly rub, not and now our grandchildren enjoy her aunt’s birthday yesterday.’’ He attends to unlike a dog, and a keeper may administer stories. Katherine’s influence is also the needs of the humans for hours, their need it, but the belly rub is entirely for the ani- felt through the many writers she has to say goodbye, to say they would miss him. mal. That’s important to Kessler. mentored, including Trent Reedy. He almost always has a specific memory or It turns out Molly wants a belly rub on In honor of Katherine Paterson, I ask thought for each, as he thanks them and Kessler’s last day, after he has finally gotten that Sally Pollak’s story from the Feb- assures them he won’t miss this place and, rid of all the people and sneaks off to see her. ruary 23, 2014, edition of the Burlington after some time, they won’t miss him. Afterward, he keeps putting off leaving, He’s proudest of his work with William the Free Press be printed in the RECORD. until his shift stretches to 11 hours. And be- There being no objection, the mate- gibbon in 1978. William was a juvenile living cause the rock hyraxes have been moved with his parents when he got stuck in the en- away from the lemurs they were scaring, rial was ordered to be printed in the closure and broke his arm. He was in the here’s Gus, too present-focused to under- RECORD, as follows: hospital so long—so long in the company of stand ‘‘goodbye’’ but seeming to say good- [From the Burlington Free Press, Feb. 23, humans—that his parents rejected him when bye, popping his head up, watching the keep- 2014] he got back. And because his hospital experi- er leave for the last time, and the keeper— ence was scary and painful, people now made SOLDIER FINDS LIFELINE IN LETTER EXCHANGE finished with crying, hugs and goodbyes with WITH VERMONT AUTHOR William fearful and angry. He was kept out people—goes down, face first. (By Sally Pollak) of the exhibit for a while, off by himself. Suzanne Hough, the volunteer coordinator, Kessler sat in his enclosure each day, doing is leaving with him, and she joins him on the While serving in Afghanistan Trent Reedy nothing except being nonthreatening. No floor. ‘‘I’m sorry, I’m sorry,’’ he says. ‘‘No. wrote Katherine Paterson to say thank you; mask, no gloves. Back then, this was accept- No, no, it’s okay.’’ the friendship that emerged changed his life. able zookeeper behavior—interaction not ini- After a moment, Hough speaks. ‘‘The floor The truck pulled into the U.S. Army base tiated or welcomed by the animal. can be tricky this time of night,’’ she says, in Farah, Afghanistan, on another scorching William would brachiate around in the far- generously. She helps him up. He’s fine, as desert day. This July, 2004, delivery promised thest corner from Kessler, swinging limb to far as he lets anyone know. exciting things: The cook was expecting a limb, elaborately ignoring the 130-pound Moments later he is calm again, and per- load of steak. He had rustled up some pota- human in the room. Over the course of a forming. ‘‘Well, that was a surprise!’’ he says toes to serve with the meat. week, William came closer and closer, until The soldiers in the unit, housed in a stable breezily. Hough and Kessler walk out into his feet would brush his keeper’s head as he with a well that often ran dry, were eager for the cold night. swung by. Eventually he would put his head a real meal. They’d been eating field rations Inside the House, the hundred-odd resi- on Kessler’s sweatshirt and go to sleep. called MREs, meals ready to eat. Yet when dents have no sense that their time as keep- There’s a picture with William’s arms the cook opened the coveted steak he almost ers of David S. Kessler has come to an end. around Kessler’s head. vomited. The meat had gone rancid en route, One thing he will miss from the zoo: f recalled Trent Reedy, a soldier in the unit. watching the howler monkeys eat. Jolla TRIBUTE TO KATHERINE The meal was scrapped. likes beets but not the squiggly end of the PATERSON The truck also carried the mail. In it was taproot. She will pick it up, put it down, eat a package for Reedy, sent by his wife in something else, return as if to see if the bit Mr. LEAHY. Mr. President, I come to Iowa. She had mailed him a book by Kath- she doesn’t like is still there. Maybe it got the Senate floor today to talk about a erine Paterson, ‘‘Bridge to Terabithia.’’ better! You can learn so much about opti- treasured Vermont author, Katherine Paterson, who lives in Barre, is an ac- mism from her, Kessler says. ‘‘People tell me Paterson. Her award-winning prose has claimed novelist who writes books for chil- she’s just stupid,’’ he says, shaking his head dren and teenagers. She is a former National at that human stupidity. won alcolades near and far, but her Ambassador for Young People’s Literature Twelve years ago, Kessler walked with a writing has reached more than just whose honors include two National Book cane, couldn’t turn his head and could sleep those who have read her published Awards and two Newbery Medals, the first only an hour and a half at a time because of words. In 2004, she started a letter ex- for ‘‘Bridge to Terabithia,’’ published in 1977. his arthritis. change with an American soldier based Reedy’s wife, Amanda, read ‘‘Bridge to Thirty-six years ago he called his psychia- in Afghanistan. Upon his return, she Terabithia’’ in sixth grade. She sent her hus- trist to say he had everything ready to com- helped him launch his writing career. band the book after he mentioned to her that mit a tidy, no-fuss suicide, just a hose and the stories he was thinking about concerned towels in a car exhaust pipe. His doctor had Trent Reedy of the Iowa Army Na- young people. Reedy had never read a him hospitalized for four days. tional Guard was enthralled with Paterson book. Then, at 27, he taught himself to be happy. Paterson’s master work, ‘‘Bridge to The day it arrived at the army base, he ‘‘You learn from evolution, from animals. If Terabithia,’’ while deployed to Farah, read ‘‘Bridge to Terabithia’’ in one sitting. It

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1577 would become a kind of lifeline for a fright- student wrote. ‘‘Sometime I’m going to read to keep our promises, so you don’t make ened young man in a faraway place with one of your books.’’) many. I think if I hadn’t made that promise, dreams of writing. Reedy read Paterson’s A WRITER ON MY HANDS I wouldn’t have been able to stick through to book in the place that would be the setting the end to write that book.’’ Paterson was married for 51 years to John for his first novel. ‘‘Bridge to Terabithia’’ He was also encouraged by Katherine Paterson, a pastor who died in September. was also the starting point of a friendship Paterson to continue writing the book. Her They raised four children together, and have between Reedy and Paterson. support came amid concerns about cross-cul- seven grandchildren. After John Paterson’s ‘‘It was amazing,’’ Reedy said the other tural writing: a white man from Iowa writ- retirement in 1995 from the First Pres- day by telephone from his home in Spokane, ing a novel about a disfigured girl in war- byterian Church in Barre, he took up the Wash. ‘‘I needed that reminder that there torn Afghanistan. practice of reading Katherine Paterson’s was still hope and still beauty in the world. ‘‘I asked her if this made any sense, and if mail. Each year, he passed on to Katherine At that time in my life there was none. she thought it was a good idea to write this,’’ Paterson a handful of letters among the hun- There was nothing except guns and fear. I Reedy said. ‘‘And she said, ‘Well, I think you dreds he read. John Paterson selected was really not at all sure that I was ever should try.’ And that was all the permission Reedy’s letter and gave it to his wife. going to get out of that place. I needed.’’ ‘‘This book gave me a little bit of beauty ‘‘You just read it and weep,’’ Katherine Paterson, who was born in China, has written books set in Japan and China. The notion at that time, and I needed it. Not the way I Paterson said. ‘‘And you think this poor, that a writer can’t write about a foreign cul- need a new app for my iPad. I needed it to lonely kid out there, not knowing what was ture, its people and places, essentially says keep my soul alive.’’ going to happen to him.’’ She was struck by another aspect of his imagination is worthless, she said. EVERYTHING WAS DIFFERENT letter: ‘‘By the time I finished that letter,’’ ‘‘Ideally, she could write her own story,’’ Reedy, 35, was an English major at the Paterson said, ‘‘I knew I had a writer on my Paterson said of Reedy’s protagonist. ‘‘But University of Iowa when he enlisted in the hands.’’ she can’t yet. And somebody needs to tell it Iowa Army National Guard. Clinton was The two became pen pals, a friendship for her. And I do believe in the power of president. Reedy never imagined he’d be de- whose beginnings remain a source of happy imagination. Tolstoy can write about women ployed to fight in a war. He had graduated amazement for Reedy. very well, and he has never been one.’’ from college and was working two jobs: sub- ‘‘I didn’t need to hear back,’’ Reedy said. TO BE A WRITER stitute teacher and monitoring a security ‘‘I just wanted to thank her for letting me Reedy’s book, with an introduction by camera at a store. keep going. And I thought she should know Katherine Paterson, was published three Ten years ago, on a shift at his security that what she’s doing is really important.’’ years ago. He dedicated it to Paterson and job, Reedy got a phone call from his ser- Yet he received a response in October, 2004. his father. geant. ‘‘She talked about how special it feels for ‘‘I loved the book,’’ she said. ‘‘And if my ‘‘Stampede,’’ the commanding officer said, a reader to appreciate this story she had name was going to call attention to it and using the code word that signaled the guard written that seemed, at the time of her writ- my name was going to help promote it, I’d soldiers were activated for war, Reedy said. ing it, to be almost too personal to share,’’ write an introduction.’’ ‘‘With one phone call, everything was dif- Reedy recalled. In her introduction, Paterson wrote in ferent,’’ he said. The next month, on leave in Iowa, Reedy part: ‘‘I am profoundly grateful for an intro- After basic training at Fort Hood, Texas, bought all the Katherine Paterson books he duction to a land and culture that are for- Reedy was sent to western Afghanistan. could find and brought them back to Afghan- eign to me through this beautiful and often Paterson’s book reached him about six istan with him. heartbreaking tale of one strong and com- months after the word ‘‘stampede’’ altered ‘‘I read those and loved them,’’ he said. passionate girl. She will live on in my heart his life. The day ‘‘Bridge to Terabithia’’ ar- and, I feel sure, the heart of every reader of ‘‘There were some Afghans who were learn- rived, Reedy had a rare break from his three- this fine book.’’ ing English, and I passed along the books to part routine: the unit’s mission (providing Before his first trip to Vermont, Reedy them and talked about how much I enjoyed security for reconstruction efforts), guard wrote once more to Katherine Paterson. He her books.’’ duty, sleep. He read the book. said he’d be honored, should he be accepted What Reedy initially kept to himself in his ‘‘Bridge to Terabithia’’ is about two to Vermont College, to buy her a cup of cof- correspondence with Paterson was that he friends—a boy and a girl—who create an fee. Sure, she said, but Paterson also had an aspired to be a writer. He decided to share imaginary forest world where they play to- idea: Why don’t you come and stay at our this when it occurred to him he might not gether and share adventures. The world is house the night before your residency be- make it home alive. But he never sent her shattered by an accident: the girl drowns in gins? any writing (apart from the letters), mindful the river the friends cross by rope swing to In July, 2006, Katherine Paterson ‘‘and Mr. of imposing on her. get to Terabithia. Paterson wrote the book Paterson,’’ to use Reedy’s words, picked him Reedy did seek Katherine Paterson’s ad- after her son David’s close friend was killed up at the airport in Burlington and drove vice about graduate writing programs, and by lightning when the children were eight. him to their Barre home. After reading the book, even as he carried she recommended Vermont College of Fine He was very nervous about meeting Kath- his loaded M16 ‘‘scanning my sector to make Arts in Montpelier. Paterson is a trustee of erine Paterson, Reedy said, expecting her to sure there weren’t any hostiles in the area,’’ the college, whose low-residency programs show up in an expensive car and drive him to all he could think about was Paterson’s include children’s and adult literature. her rich mansion. But he found that novel. ‘‘I said ‘impose,’ ’’ Paterson recalled. Paterson, ‘‘arguably the most successful ‘‘I thought maybe I can keep going if I re- ‘‘ ‘Plenty of people impose on me that I don’t middle-school author who is really around,’’ member kids are still having friendships,’’ he like nearly as much as I like you.’ ’’ drives a regular car and lives in a ‘‘normal said. ‘‘And the adventures of growing up.’’ Based on his letters, Paterson offered to house.’’ On Aug. 1, 2004, from Farah City, Afghani- write a letter of recommendation for Reedy. The MFA program at Vermont College stan, Reedy wrote Paterson a letter. He sent He accepted only after a letter he expected ‘‘gave me my dream,’’ Reedy said. Yet Kath- it through her publisher—unsure if it would fell through, she said. erine Paterson taught him what it means to reach her. The letter begins with an apology Reedy was accepted at Vermont College of be a writer. that he didn’t type it. Reedy explains that he Fine Arts, the only MFA program he applied ‘‘Nobody has taught me more about how to is writing from Afghanistan, where he is on to. It was there that he wrote the manu- be the kind of writer I want to be than Kath- erine Paterson has,’’ Reedy said. ‘‘No one has a mission ‘‘in support of Operation Enduring script for his first novel, ‘‘Words in the taught me more about how to live as a writ- Freedom.’’ Dust.’’ The book, published by Arthur A. Le- He thanks Paterson for a book that ‘‘mes- vine Books, tells the story of an Afghan girl er. She has, I think, modeled the need for hu- merized’’ him. and her family. It concerns the girl’s love for mility and generosity.’’ ‘‘You wrote an absolutely beautiful novel words; and her search for a connection to her Once, feeling he didn’t belong at Vermont College of Fine Arts and that he was ‘‘hope- and I, like Jessie Aarons, fell in love with dead mother, and for beauty in a place where lessly outclassed,’’ Reedy conveyed this in a Leslie Burke,’’ Reedy wrote, referring to it’s not so easy to find that. letter to Katherine Paterson. He wanted to characters in Paterson’s book. ‘‘ . . . Maybe Reedy’s story was inspired, in part, by a steal lines from Emily Dickinson and walk it was because she was a spark of beauty in girl he met in Afghanistan. Like the char- around campus saying: ‘‘I’m nobody. Who are a land and a war where beauty is of so little acter in the novel he would write, the child had a cleft lip. Soldiers in Reedy’s unit you?’’ importance.’’ Paterson wrote back that she, too, is no- In Vermont, where Paterson moved with pooled their money to pay the girl’s trans- body. If she ever forgets that, she’s in big her family 28 years ago, Reedy’s letter made portation to a hospital, where a U.S. Army trouble. its way to her Barre home. It arrived in a doctor performed surgery to repair her face. batch of mail sent from her publisher. ‘‘She faced this whole thing with this won- f Paterson, 81, estimates she gets hundreds of derful sort of quiet courage, this incredible VERMONT COFFEE COMPANY letters a year, many from students who are dignity,’’ Reedy recalled. ‘‘I promised her encouraged by their teachers to write. that I would do whatever I could to tell her Mr. LEAHY. Mr. President, Vermont (Paterson described a humorous note: story. She couldn’t understand me, but is known for its small and large busi- ‘‘You’re the best writer in the world,’’ the that’s what I told her. In the army, we have nesses alike. Vermonters take pride in

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1578 CONGRESSIONAL RECORD — SENATE March 12, 2014 buying locally, and as a result, busi- After selling the bakery, Ralston returned cerns, he carved out a niche and grew stead- nesses like the Vermont Coffee Com- to school at Burlington’s Trinity College to ily. ‘‘He was still there in five years and then pany have been able to expand and be- study business administration and planned another five,’’ Cox said. ‘‘He was very savvy, always asking for a better way to do some- come forces in their respective indus- to pay some of his tuition bills by running a Church Street espresso cart. But Starbucks thing . . . and he has stayed true to his tries. was just opening its first Seattle coffeehouse style. His packaging is still relatively unso- When Paul Ralston started the and most people didn’t know what to make phisticated but it works for him. He makes a Vermont Coffee Company over 30 years of his cart. ‘‘It was a huge flop,’’ he said rue- respectable coffee and a pretty darn good ago in the small town of Middlebury, fully. decaf.’’ VT, he did so based on the belief that More than a decade went by, during which A few other factors worked in Ralston’s Ralston spent time in the San Francisco Bay favor, Cox added: ‘‘Number one, he had a pas- coffee creates community. Today, he sion for it, and number two, nobody really continues his commitment to a high- area working in nonprofit arts management and appreciating the region’s vibrant cafe came right after him. He had a window of op- quality farmer-friendly coffee blend by culture before he and his wife, Deb Gwinn, portunity that doesn’t exist today.’’ using only fair trade, certified organic returned to Vermont where he helped grow SOLID FOCUS coffee beans from around the world. the cosmetics and skincare company Au- As Cox noted, the competitive frame is Paul’s passion for coffee has created tumn Harp to $6 million in annual sales. very different today with new micro-roasters an opportunity for him to forge his That led to a job with The Body Shop in Eng- popping up regularly, but Ralston has stayed own path to success, and he has ex- land where, he noted, ‘‘There was a coffee focused on his initial vision. panded Vermont Coffee Company’s dis- drought, so I drank tea.’’ Since its official launch in 2001, Vermont Coffee Company has expanded to retail out- BROWN-BAGGING IT tribution to retail outlets throughout lets all over Vermont, as well as New York, the Northeast and along the Atlantic In 1997, Ralston and Gwinn returned again Massachusetts, Connecticut and New Hamp- coast. His business continues to ex- to Vermont and to the antique Royal Roast- shire with distribution growing at a healthy pand, and his success is just one hall- er #4, which had been gathering dust in their clip around the Northeast and down the At- Bristol garage. ‘‘I hooked it up in the garage lantic coast. The company has about 23 em- mark of the respected Vermont Brand. and started roasting and taking the coffee to I congratulate his success, and I ask ployees, about half of those full-time and gatherings for feedback,’’ Ralston said. As he many part-time by choice, older and partly that the text of an article appearing in developed his new business idea over the retired or younger with children. ‘‘Part of the Burlington Free Press on February next few years, he kept things simple, both our business model is a flexible workforce,’’ 20, 2014, about his success be printed in by design and by default. Ralston explained. for the RECORD. Like back in the Bristol Bakery days, Ralston, who is sole owner, would not There being no objection, the mate- Vermont Coffee Company used brown paper share sales figures but Vermont Coffee Com- rial was ordered to be printed in the lunch bags to package the coffee and a friend pany projects 20 percent growth in 2014. The made a rubber stamp to label the bags. ‘‘The flagship line of retail packaged whole beans RECORD, as follows: brown bag was the starting principal,’’ Ral- remains simple and straightforward in its [From the Burlington Free Press, Feb. 20, ston said. ‘‘When you would get something descriptors: Dark, Medium, Mild and Decaf. 2014] fresh and from a local shop, there wouldn’t The down-to-earth brown bag packaging re- MIDDLEBURY COFFEE ROASTER STILL GROWING be a lot of packaging.’’ mains, although it takes the form of a brown ‘‘We started with just dark and decaf,’’ he AFTER 30 YEARS box for Costco. said. ‘‘What else do you need?’’ And the cof- With the exception of one line from the Do- (By Melissa Pasanen) fee was available only as whole bean. ‘‘We minican Republic, rather than emphasizing MIDDLEBURY, VT.—Vermont Coffee Com- refuse to grind coffee. As soon as you grind single-sourced coffees from specific regions pany in Middlebury was ahead of the curve it you start the staling process,’’ Ralston ex- like many other small roasters, Vermont when it started roasting organic, fair trade plained. Coffee Company has always led with its beans 30 years ago. Its continued success is Ralston’s approach was also influenced blends. based on a simple philosophy. strongly by his former boss, Body Shop ‘‘We are blenders. There’s nothing magical In the front hall of Vermont Coffee Com- founder, Anita Roddick, who he described as about our beans,’’ said Ralston. ‘‘The goal is pany’s offices and production facility, dozens ‘‘a pioneer in trade, not aid,’’ cultivating to keep our blends tasting the same, month of photos of happy people, some with coffee mutually beneficial trade relationships with to month, year to year.’’ cups in hand, smile down from the wall. developing countries and communities to Vermont Coffee Company buys certified or- In keeping with the company’s longtime help them become self-sufficient rather than ganic beans following principles set by the tagline—‘‘Coffee roasted for friends’’—these simply providing financial or other aid. International Fair Trade Federation, Ral- are not just customers, founder-owner Paul When he first told Roddick he was thinking ston said. The annual coffee harvest occurs at different times in different climates and Ralston clarified on a recent tour: They are of getting back into coffee, he recalled that over a year beans could be sourced from friends. she said to him, ‘‘Your coffee should be 100 Ethiopia, Indonesia, Peru, Bolivia, Guate- ‘‘Before there was Facebook,’’ Ralston, 61, percent organic and 100 percent fair trade.’’ mala and Nicaragua, among other countries. said. ‘‘We had our friends’ wall.’’ There wasn’t a brand like that at the time, Ralston has always been a little ahead of The beans are stacked high in burlap bags ‘‘and it turned out there was a good reason in a large storage room in Middlebury all the curve, since his first foray into roasting for that,’’ Ralston said. ‘‘Everyone thought I coffee beans some 30 years ago as a tiny bak- tagged with their country, producer, and lot was nuts. At the time, organic was just number. As he demonstrated how the beans ery-based operation. gnarly vegetables.’’ There have also been plenty of curves in are pulled for evaluation through a long hol- WINDOW OF OPPORTUNITY the road he has traveled since then, but this low spiked tool that can dig deep into each year Ralston expects Vermont Coffee Com- Count Vermont coffee expert Dan Cox bag, Ralston explained how different beans pany to purchase half a million pounds of among those who thought Ralston was a lit- contribute to the overall blend. Coffee from Guatemala, for example, he said, ‘‘We call green coffee beans, which will be roasted in tle nuts. Cox had been the first full-time em- them our spice beans. They add fruity and its recently doubled 15,000-square-foot facil- ployee of what was then Green Mountain floral notes.’’ ity and shipped to accounts ranging from a Coffee Roasters. He worked there for a dozen years before he founded his own Burlington- The company’s modest marketing budget small, highly regarded group of New York still emphasizes grassroots relationship- City coffee shops to Costco. based coffee-testing business, Coffee Enter- prises, which does analysis for many major building (now via social media), coffee sam- COFFEE CULTURE national coffee companies. ‘‘Paul came to me pling and offering loyal customers Vermont It was during his ownership of Bristol Bak- and said, I want to learn everything about Coffee Company merchandise such as t-shirts ery from 1977 to 1983 that Ralston first stum- roasting,’’’ Cox recalled. ‘‘He told me he and mugs for returning proof-of-purchases, bled upon the smoky and aromatic process of wanted to be like Peet’s [a leading San Fran- which they do by weaving strips of brown coffee-roasting in Manhattan’s Bowery cisco Bay area coffee roaster], which is like bags into quilts, folding them into origami neighborhood while shopping for used bakery the Guinness of coffee. I said, This isn’t the and even, in one case, using them to craft a equipment. The smells conjured up memories Bay area. The East Coast is not into dark collage of Johnny Cash drinking coffee ? of the strong espresso his Italian grand- roast. Like with Guinness, for every cus- black, of course. mother carefully brewed every Sunday when tomer you turn on, you’ll turn four off.’’’ Another thing that has not changed, Ral- he was a child. In addition, Cox remembers Ralston out- ston noted with a smile: ‘‘We always smell When he came back to Bristol, Ralston lining his ‘‘folksy’’ marketing plan with the like coffee. When we go to the bank, they serendipitously found a classic turn-of-the- brown bags and emphasis on selling to know who we are . . . It’s a sensory business. 20th-century roaster, installed it in the bak- friends. ‘‘I said, That’s a little far-fetched, We’re in it for what it smells and tastes ery’s front window and began roasting pal.’ And he said, That’s all I’ve got.’’’ like.’’ batches of green coffee beans well before the Ralston spent six months learning how to SLOW ROAST, SLOW GROWTH trend of small, local coffee roasters swept evaluate green coffee beans, blend, roast and Changes have come gradually, many in the the country. control quality and despite Cox’s initial con- form of process improvements such as the

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1579 adoption of the Japanese production sched- through my work in the Senate has leadership roles during his time at UL, uling system, Kanban; new pieces of equip- been to add approximately 200,000 acres but in all capacities he has been dedi- ment to mechanize jobs previously done by to the Green Mountain National For- cated to promoting public safety. hand like bag-folding; and increased roasting est. Bob has accomplished this scale of Under his leadership, UL launched capacity. In the roasting room recently, a brand conservation within the framework of the Firefighter Safety Research Insti- new, shiny stainless steel roaster with capac- a relatively small private organization. tute which works to provide first re- ity of 150 pounds was in the process of being The Vermont Nature Conservancy sponders and firefighters with addi- installed. It cost about $350,000 to purchase has transferred most of the conserved tional information on burning build- and install and would double Vermont Coffee land to the State and other land man- ings and the behavior of specific mate- Company’s roasting capacity, Ralston said. agers, while retaining ownership of the rials in fires. ‘‘The thing that makes it big, bold coffee is gems, to ensure their careful steward- In 2012, Mr. Schaefer shared his ex- how we roast it,’’ Ralston explained, pausing pertise on the safety and effectiveness in front of one of the company’s two smaller ship. These parcels included 55 natural roasters where a small circular window gave areas dispersed across the State and of flame retardant chemicals as he tes- a peek into the pre-roasted, dull grey-green open to visitors and naturalists. Bob tified before the Senate Appropriations beans while the glossy dark brown, roasted has guided the Nature Conservancy in Subcommittee on Financial Services beans swirled below. Vermont Coffee Com- protecting forever iconic Vermont and General Government. His testi- pany roasts its beans about twice as long as landscapes such as Camel’s Hump, Hun- mony on the effectiveness of flame re- many other larger roasters, Ralston said. He ger Mountain, Shelburne Pond, tardant chemicals and furniture flam- believes the longer, slower roast is key to Alburgh Dunes, the Maidstone Bends of mability standards was a significant building rounded flavors, similar to slowly contribution to the hearing. caramelized onions or the depth of a long- the Connecticut River and the Green cooked Cajun or Creole roux sauce base. ‘‘It’s River Reservoir. Mr. Schaefer also worked to have UL, a long, slow caramelizing roast,’’ he said, Bob’s contributions to conservation as part of a partnership with Disney, ‘‘which results in coffee with more body and go well beyond lands that the Nature bring safety education campaigns to sweeter, chocolate, caramel notes and a Conservancy has purchased. His leader- children all over the world through the smoky tang and lower acidity.’’ ship within the State was instrumental Safety Smart Ambassador Program. With a similar careful approach, Ralston in the 132,000 acre Champion Lands The program’s video campaign edu- has planned and budgeted for growth. Over conservation project when he helped cates children on fire safety, personal his varied career, Ralston said, ‘‘I’ve made safety, water safety, health, environ- all the mistakes you can make.’’ He has seen bring together the U.S. Fish and Wild- firsthand, he said, that ‘‘growth offers new life Service, the Vermont legislature mental protection, and online safety. ways to screw up.’’ and multiple private partners. At the UL, under his guidance, expanded its ‘‘We follow a model called bootstrapping,’’ Nature Conservancy, Bob has carefully operations overseas. In response to a he said. ‘‘We use yesterday’s cash flow to fi- assembled a team of conservation bi- growing number of imports, UL has in- nance growth. We’re not extravagant.’’ The ologists, geographers and naturalists creased its presence in Asia, where it company’s credit line, he said, usually has a whose work has transformed conserva- tests products intended for consumers zero balance. An additional challenge these tion thought and practice. Vermont in the United States. UL also has ex- past four years has been Ralston’s commit- panded its safety outreach to India, es- ment to the Vermont legislature to which he State agencies, recreational trails or- was elected in November of 2010. He ran, he ganizations, Federal agencies and pri- tablishing an annual Road Safety said, because ‘‘I think there is a need for vate developers look first to the Nature Council where fire officials work to more people with active business experience Conservancy when seeking a better un- solve challenges in a developing na- in the legislature.’’ derstanding of Vermont’s ecosystems tion. He feels good about what he has accom- and how to protect them. Mr. Schaefer’s service in Illinois is plished there, he said, but it’s been ‘‘very Other Nature Conservancy Chapters felt well beyond product safety and hard’’ balancing the four-month, four-day-a- across the United States have been testing. Under his leadership, UL es- week commitment with running an actively tablished annual Living the Mission growing business. ‘‘I think we would be fur- modeled on the Vermont office that ther ahead if I hadn’t done it,’’ he said. Bob created. Bob’s patient, generous Celebrations, which encourage UL staff Looking ahead 15 years, Ralston said with and kind work with members and the to spend a day volunteering in the a smile, ‘‘I hope to still be grooving on cof- general public is reflected in the fact community. fee.’’ He also hopes to be able to spend more that the Vermont has, by far, the high- Gus Schaefer’s leadership at UL has time ‘‘at origin,’’ in countries where coffee is est per-capita Nature Conservancy made the world a better—and safer— grown. ‘‘It happens to be warmer than here,’’ membership of any State. I have often place. When we use products approved he added. by Underwriters Labs, we thank Gus At home in Vermont, Ralston imagines a looked to Bob for advice on national slightly bigger office ‘‘with a wood-burning conservation policy and he has led na- Schaefer. I thank him for his many stove, a couch and a bigger coffee table tional Nature Conservancy visits to years of service and wish him the best where friends will come by to visit and sit to Washington, D.C. in his retirement. have a coffee.’’ Bob is retiring as the State Director f of the Vermont Nature Conservancy f NATIONAL YOUTH SYNTHETIC but I know that he will continue to TRIBUTE TO BOB KLEIN DRUG AWARENESS WEEK pursue his passions of botany, photog- Mr. LEAHY. Mr. President, I would raphy and exploration of nature. Bob’s Mr. GRASSLEY. Mr. President, I am like to recognize the more than three photographs have graced national pub- pleased to join Senator KLOBUCHAR in decades of contributions by Bob Klein, lications and gallery walls. I will con- cosponsoring a resolution designating one of the greatest conservationists in tinue to look to Bob as an advisor on the week of March 9, 2014, as National Vermont history, on the occasion of his conservation policy and wish him all Youth Synthetic Drug Awareness retirement after 35 years as State Di- the best as he begins this new chapter. Week. The abuse of synthetic drugs has rector of the Vermont Nature Conser- f grown rapidly in a very short amount vancy. of time. Calls into poison control cen- Bob Klein is the founding Director of TRIBUTE TO AUGUST SCHAEFER ters concerning synthetic marijuana, the Vermont Nature Conservancy, and Mr. DURBIN. Mr. President, on Feb- also known as ‘‘K2,’’ doubled between under his guidance, its mission has ruary 28, 2014, August Schaefer, better 2010 and 2011 and remained elevated been to protect Vermont’s unique and known as Gus, stepped down from his throughout 2012. Emergency room vis- rare landscapes, important wildlife post as chief safety officer of Under- its connected to synthetic marijuana habitat and biodiversity. Parcels are writers Laboratories, after dedicating use more than doubled, to 28,000 visits, selected for their natural attributes, 41 years to the company. from 2010 to 2011. In addition, other not necessarily for size, and in total, Underwriters Laboratories is an inde- synthetic drugs commonly known as the Vermont Nature Conservancy has pendent safety certification organiza- ‘‘bath salts’’ produced over 22,000 emer- helped to conserve an incredible 188,000 tion that tests products, conducts fac- gency room admissions. acres during Bob’s tenure. I followed tory inspections, and writes standards The serious symptoms associated his example, and one of my priorities for safety. Gus has served in many with synthetic drug use range from

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1580 CONGRESSIONAL RECORD — SENATE March 12, 2014 rapid heart rate, psychosis, and agita- ADDITIONAL STATEMENTS REMEMBERING THELMA SAYLER tion which may lead to suicide, cardiac ∑ Mr. THUNE. Mr. President, I wish to arrest, or organ failure. In 2010, a con- honor the life of Thelma Sayler. CONGRATULATING CONNOR stituent of mine named David Rozga Thelma Sayler was born in Lynch, PERKINS committed suicide shortly after ingest- NE, on September 3, 1924, to Mads and ∑ ing ‘‘K2’’ with his friends. After smok- Mr. HELLER. Mr. President, today I Ruth (Christensen) Nelson. In 1927, she wish to congratulate Connor Perkins ing the drug, David became highly agi- moved with her parents and younger on obtaining one of the Boy Scouts of sister, Donna Faye, in a Model T with tated. His friends calmed him down, America’s highest ranks of Eagle the company of 24 chickens, to a one- and he decided to go home. Not long Scout. room ‘‘shack’’ north of White River. afterward, however, he committed sui- Connor began this journey as a Cub Ten years later her father tore down an cide. David’s death was one of the first Scout in 2005 and 5 years later became old house and hauled the lumber in the in the United States attributed to syn- a Boy Scout with Troop 695. His com- Model T, using it to build a new house thetic drug use. mitment to excellence continues to ex- for the family. They moved into their new house just 1 day before Christmas, I worked with Senators KLOBUCHAR, pand his record of 35 merit badges, 80 hours of community service, and 100 where Thelma had her own bedroom, SCHUMER, and FEINSTEIN, along with miles of hiking. Connor has also as- which was a mansion to her. many others, to place many of these sumed leadership roles in the Scouts, Since there were no boys, the girls terrible drugs on the list of Schedule I serving as a den chief for the newer helped with farming, ranching, and controlled substances. I am grateful members, including his younger broth- chores around the house. Thelma liked that the Senate and the House worked er Bradley. Furthermore, Connor has to remember how she, her sister and together to pass the Synthetic Drug lead as troop guide and historian, and mother, during the dirty thirties, used Abuse Prevention Act of 2012. Our ef- he is presently the troop’s senior patrol aprons to shoo away the Mormon forts were an important step in allow- leader. crickets to save their garden. Thelma graduated from White River ing the Drug Enforcement Administra- As one of tomorrow’s leaders, Connor High School in 1942. After high school, tion to begin enforcement actions enhances my faith in our great Na- tion’s future. It is truly an honor for she traveled with her Aunt and Uncle against those who are poisoning our to Oregon to work in the shipyards dur- me to help in celebrating his advance- communities. ing the war. When traveling, she sat in ment to Eagle Scout. Continuing at the back of a pickup on a chair. In 1949, However, new synthetic drugs have this level of accomplishment, with Thelma, and her daughters Karen and emerged since the passage of that law. such a strong commitment to civic Sharon, moved back to White River. A In fact, the Drug Enforcement Admin- duty, Connor will certainly be a strong, couple years later they moved north to istration has moved to administra- contributing citizen of this great Na- the ‘‘Old Rassy Place.’’ tively place an additional 17 chemical tion. In 1953, Thelma accepted a teaching compounds on the list of schedule I Connor plans to continue being an job at the Cottonwood School that was narcotics in recent months. Included active Scout, even after receiving his about 2 miles from their home. In 1954, among these drugs is a compound Eagle status. The guidance of his lov- she taught in Jones County. When she called 5F-PB–22, which was blamed for ing parents and Scout leaders has un- started teaching, she worked without the deaths of three young Iowans last doubtedly instilled him with these mo- certification for a number of years. She tivations to do a good turn and make year. Moreover, in just the past few eventually started taking classes dur- change daily wherever he may go. I am days, police in Iowa have arrested six ing the summer through Black Hills proud to have such a loyal and pre- State Teacher College, and earned her people and raided multiple stores in pared member in my family and the the Des Moines area for selling syn- bachelor’s degree in 1969. In 1971, Thel- Boy Scout family. ma and her family moved 10 miles thetic drugs. These tragic deaths and I ask my colleagues to join me in north of White River to the ‘‘Teddy arrests of those pushing these sub- congratulating Connor on his loyal Fredericks Place,’’ where she then stances underscore the ongoing need to service and contributions to his troop began teaching second grade in Murdo. raise awareness of these deadly drugs. and community.∑ She taught in Murdo until retiring in The good news is that people, includ- f 1987. Even after retirement, Thelma ing in my home State of Iowa, are TRIBUTE TO SEAN T. HAYES continued her passion to educate, which included volunteering at the fighting back against the scourge of ∑ Mr. BENNET. Mr. President, it is a school, substitute teaching, and even synthetic drugs. The Rozga family has pleasure to congratulate Capt. Sean T. providing snacks for students and staff. been active in sharing David’s story. Hays on being selected for promotion Thelma was a lifelong member of the They have also started a Web site, to the rank of major within the U.S. Cottonwood Ladies Aide and volun- K2drugfacts.com, which creates a Marine Corps. teered at the Mellette County Museum forum for other parents, friends, and Every day, the men and women of the & Library, blood drives, and the Grand people who have survived terrifying ex- Armed Forces make incalculable con- Stand Committee. She was also a long- periences with synthetic drugs to share tributions to our society. Nearly 22 time member of the United Methodist their stories and spread the word that years ago, Major (select) Hays swore an Church in Murdo. oath to protect our Nation and to lead these drugs are destructive. Other anti- Thelma Sayler passed away at the by example. Entering the Marine Corps drug organizations and coalitions are age of 89 on February 9, 2014, at her as a private, the lowest rank, he has daughter’s house in White River. She raising public awareness in Iowa. For diligently worked his way up through will be forever remembered for her love example, a local community group in the ranks and continues to serve as a of teaching and for all that she has Johnson County, Iowa called Iowans role model for his peers. done for her community. Against Synthetics has raised syn- I had the distinct honor of meeting I was among Thelma Sayler’s many thetic drug awareness throughout that Major (select) Hays while he was de- students. She was a teacher in the tru- county. ployed in Afghanistan. He is one of est and best sense of the word, and I am The National Youth Synthetic Drug Colorado’s best and brightest. His dedi- forever grateful for her investment in cation to protecting his country speaks me. She was patient and kind but Awareness Week resolution encourages for itself, and I am confident that as a tough when needed—and most impor- other individuals and organizations senior officer, he will continue to lead tantly, she was passionate about seeing throughout the country to continue and protect with pride. kids learn and truly committed to her their efforts to raise awareness about Congratulations to Major (select) work. Like so many others who passed the deadliness of these drugs. I urge all Hays. I know his continued service will through her classroom, I was blessed to my colleagues to join me in supporting contribute to a stronger U.S. military have her as a teacher and later in life this resolution. and a safer nation.∑ to call her a friend.∑

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1581 REPORT OF THE CONTINUATION At 5:43 p.m., a message from the EC–4885. A communication from the Direc- OF THE NATIONAL EMERGENCY House of Representatives, delivered by tor of the Regulatory Management Division, WITH RESPECT TO IRAN THAT Mr. Novotny, one of its reading clerks, Environmental Protection Agency, transmit- WAS DECLARED IN EXECUTIVE announced that the House has passed ting, pursuant to law, the report of a rule entitled ‘‘Fenamidone; Pesticide Tolerances’’ ORDER 12957 ON MARCH 15, 1995— the following bills, in which it requests (FRL No. 9906–99) received during adjourn- PM 35 the concurrence of the Senate: ment of the Senate in the Office of the Presi- The PRESIDING OFFICER laid be- H.R. 311. An act to direct the adminis- dent of the Senate on March 7, 2014; to the fore the Senate the following message trator of the Environmental Protection Committee on Agriculture, Nutrition, and from the President of the United Agency to change the Spill Prevention, Con- Forestry. EC–4886. A communication from the Under States, together with an accompanying trol, and Countermeasure rule with respect to certain farms. Secretary of Defense (Intelligence), trans- report; which was referred to the Com- H.R. 1814. An act to amend section 5000A of mitting, pursuant to law, a notification that mittee on Banking, Housing, and the Internal Revenue Code of 1986 to provide the annual report on the current and future Urban Affairs: an additional religious exemption from the military strategy of Iran will be delivered to Congress in May of 2014; to the Committee To the Congress of the United States: individual health coverage mandate. H.R. 3474. An act to amend the Internal on Armed Services. Section 202(d) of the National Emer- Revenue Code of 1986 to allow employers to EC–4887. A communication from the Assist- gencies Act (50 U.S.C. 1622(d)) provides exempt employees with health coverage ant Administrator for Procurement, Na- for the automatic termination of a na- under TRICARE or the Veterans Administra- tional Aeronautics and Space Administra- tional emergency unless, within 90 tion from being taken into account for pur- tion, transmitting, pursuant to law, the re- days prior to the anniversary date of poses of the employer mandate under the Pa- port of a rule entitled ‘‘NASA FAR Supple- its declaration, the President publishes tient Protection and Affordable Care Act. ment: Proposal Adequacy Checklist’’ in the Federal Register and transmits to H.R. 3675. An act to amend the Commu- (RIN2700–AE13) received in the Office of the President of the Senate on March 6, 2014; to the Congress a notice stating that the nications Act of 1934 to provide for greater transparency and efficiency in the proce- the Committee on Armed Services. emergency is to continue in effect be- dures followed by the Federal Communica- EC–4888. A communication from the Assist- yond the anniversary date. In accord- tions Commission, and for other purposes. ant Secretary of Defense (Global Strategic ance with this provision, I have sent to H.R. 3979. An act to amend the Internal Affairs), transmitting, pursuant to law, a re- the Federal Register for publication the Revenue Code of 1986 to ensure that emer- port entitled ‘‘Report on Proposed Obliga- enclosed notice stating that the na- gency services volunteers are not taken into tions for Cooperative Threat Reduction’’; to tional emergency with respect to Iran account as employees under the shared re- the Committee on Armed Services. EC–4889. A communication from the Acting that was declared on March 15, 1995, is sponsibility requirements contained in the Patient Protection and Affordable Care Act. Deputy Secretary of Defense, transmitting, to continue in effect beyond March 15, pursuant to law, a report relative to pro- 2014. f posals on military compensation included in The crisis between the United States MEASURES REFERRED the President’s fiscal year 2015 budget; to the and Iran resulting from the actions and Committee on Armed Services. policies of the Government of Iran has The following bills were read the first EC–4890. A communication from the Presi- not been resolved. The Joint Plan of and the second times by unanimous dent of the United States of America, trans- Action (JPOA) between the P5+1 and consent, and referred as indicated: mitting, pursuant to law the Economic Re- H.R. 311. An act to direct the Adminis- port of the President together with the 2014 Iran went into effect on January 20, Annual Report of the Council of Economic 2014, for a period of 6 months. This trator of the Environmental Protection Agency to change the Spill Prevention, Con- Advisers; to the Joint Economic Committee. marks the first time in a decade that trol, and Countermeasure rule with respect EC–4891. A communication from the Direc- Iran has agreed to and taken specific to certain farms; to the Committee on Envi- tor of the Regulatory Management Division, actions to halt its nuclear program and ronment and Public Works. Environmental Protection Agency, transmit- to roll it back in key respects. In re- H.R. 3675. An act to amend the Commu- ting, pursuant to law, the report of a rule en- turn for Iran’s actions on its nuclear nications Act of 1934 to provide for greater titled ‘‘Approval and Promulgation of Air Quality Implementation Plans; State of Col- program, the P5+1, in coordination transparency and efficiency in the procedures followed by the Federal Communica- orado; Second Ten-Year PM 10 Maintenance with the European Union, are taking Plan for Pagosa Springs’’ (FRL No. 9907–57– actions to implement the limited, tem- tions Commission, and for other purposes; to the Committee on Commerce, Science, and Region 8) received during adjournment of the porary, and reversible sanctions relief Transportation. Senate in the Office of the President of the outlined in the JPOA. Senate on March 7, 2014; to the Committee Nevertheless, certain actions and f on Environment and Public Works. policies of the Government of Iran are MEASURES PLACED ON THE EC–4892. A communication from the Direc- contrary to the interests of the United CALENDAR tor of the Regulatory Management Division, Environmental Protection Agency, transmit- States in the region and continue to The following bills were read the sec- ting, pursuant to law, the report of a rule en- pose an unusual and extraordinary ond time, and placed on the calendar: titled ‘‘Approval and Promulgation of Imple- threat to the national security, foreign S. 2110. A bill to amend titles XVIII and mentation Plans; State of California; 2012 policy, and economy of the United XIX of the Social Security Act to repeal the Los Angeles County State Implementation States. For these reasons, I have deter- Medicare sustainable growth rate and to im- Plan for 2008 Lead Standard’’ (FRL No. 9907– mined that it is necessary to continue prove Medicare and Medicaid payments, and 14–Region 9) received during adjournment of the national emergency declared with for other purposes. the Senate in the Office of the President of respect to Iran and to maintain in H.R. 4152. An act to provide for the costs of the Senate on March 7, 2014; to the Com- loan guarantees for Ukraine. mittee on Environment and Public Works. force comprehensive sanctions against EC–4893. A communication from the Direc- Iran to deal with this threat. f tor of the Regulatory Management Division, BARACK OBAMA. MEASURES READ THE FIRST TIME Environmental Protection Agency, transmit- THE WHITE HOUSE, March 12, 2014. ting, pursuant to law, the report of a rule en- The following bill was read the first f titled ‘‘Revisions to the California State Im- time: plementation Plan, Placer County Air Pollu- MESSAGES FROM THE HOUSE S. 2122. A bill to amend titles XVIII and tion Control District’’ (FRL No. 9905–18–Re- ENROLLED BILL SIGNED XIX of the Social Security Act to repeal the gion 9) received during adjournment of the The President pro tempore (Mr. Medicare sustainable growth rate and to im- Senate in the Office of the President of the LEAHY) reported that he had signed the prove Medicare and Medicaid payments, and Senate on March 7, 2014; to the Committee for other purposes. on Environment and Public Works. following enrolled bill, which was pre- EC–4894. A communication from the Direc- f viously signed by the Speaker of the tor of the Regulatory Management Division, House: EXECUTIVE AND OTHER Environmental Protection Agency, transmit- H.R. 2019. An act to eliminate taxpayer fi- COMMUNICATIONS ting, pursuant to law, the report of a rule en- nancing of political party conventions and titled ‘‘Disapproval of State Implementation reprogram savings to provide for a 10–year The following communications were Plan Revisions; Clark County, Nevada’’ (FRL pediatric research initiative through the laid before the Senate, together with No. 9907–56–Region 9) received during ad- Common Fund administered by the National accompanying papers, reports, and doc- journment of the Senate in the Office of the Institutes of Health, and for other purposes. uments, and were referred as indicated: President of the Senate on March 7, 2014; to

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1582 CONGRESSIONAL RECORD — SENATE March 12, 2014 the Committee on Environment and Public porate Communications, National Railroad ((RIN2120–AA64) (Docket No. FAA–2013–0736)) Works. Passenger Corporation, Amtrak, transmit- received in the Office of the President of the EC–4895. A communication from the Direc- ting, pursuant to law, a notification of a Senate on February 25, 2014; to the Com- tor of the Regulatory Management Division, delay in submitting Amtrak’s operations up- mittee on Commerce, Science, and Transpor- Environmental Protection Agency, transmit- date and a general and legislative annual re- tation. ting, pursuant to law, the report of a rule en- port; to the Committee on Commerce, EC–4912. A communication from the Para- titled ‘‘Approval and Promulgation of Air Science, and Transportation. legal Specialist, Federal Aviation Adminis- Quality Implementation Plans; Texas; Stage EC–4904. A communication from the Para- tration, Department of Transportation, II Vapor Recovery Program and Control of legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of Air Pollution from Volatile Organic Com- tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; pounds’’ (FRL No. 9907–55–Region 6) received transmitting, pursuant to law, the report of Rolls-Royce Deutschland Ltd and Co. KG during adjournment of the Senate in the Of- a rule entitled ‘‘Modification of the Dallas/ Turbofan Engines’’ ((RIN2120–AA64) (Docket fice of the President of the Senate on March Fort Worth Class B Airspace Area; TX’’ No. FAA–2013–0342)) received in the Office of 7, 2014; to the Committee on Environment ((RIN2120–AA66) (Docket No. FAA–2012–1168)) the President of the Senate on February 25, and Public Works. received in the Office of the President of the 2014; to the Committee on Commerce, EC–4896. A communication from the Direc- Senate on February 25, 2014; to the Com- Science, and Transportation. tor of the Regulatory Management Division, mittee on Commerce, Science, and Transpor- EC–4913. A communication from the Para- Environmental Protection Agency, transmit- tation. legal Specialist, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- EC–4905. A communication from the Para- tration, Department of Transportation, titled ‘‘Revisions to the California State Im- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of plementation Plan; South Coast Air Quality tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; Management District and El Dorado County transmitting, pursuant to law, the report of BAE SYSTEMS (OPERATIONS) LIMITED Air Quality Management District’’ (FRL No. a rule entitled ‘‘Airworthiness Directives; Airplanes’’ ((RIN2120–AA64) (Docket No. 9905–26–Region 9) received during adjourn- Airbus Airplanes’’ ((RIN2120–AA64) (Docket FAA–2013–0793)) received in the Office of the ment of the Senate in the Office of the Presi- No. FAA–2013–0791)) received in the Office of President of the Senate on February 25, 2014; dent of the Senate on March 7, 2014; to the the President of the Senate on February 25, to the Committee on Commerce, Science, Committee on Environment and Public 2014; to the Committee on Commerce, and Transportation. Works. Science, and Transportation. EC–4914. A communication from the Para- EC–4897. A communication from the Direc- EC–4906. A communication from the Para- legal Specialist, Federal Aviation Adminis- tor of the Regulatory Management Division, legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, Environmental Protection Agency, transmit- tration, Department of Transportation, transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; titled ‘‘Approval and Promulgation of Air a rule entitled ‘‘Airworthiness Directives; Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) Quality Implementation Plans; New Hamp- Airbus Helicopters (Type Certificate pre- (Docket No. FAA–2012–0997)) received in the shire; Manchester and Nashua Carbon Mon- viously held by Eurocopter France)’’ Office of the President of the Senate on Feb- oxide Limited Maintenance Plans’’ (FRL No. ((RIN2120–AA64) (Docket No. FAA–2013–0737)) ruary 25, 2014; to the Committee on Com- 9906–76–Region 1) received during adjourn- received in the Office of the President of the merce, Science, and Transportation. ment of the Senate in the Office of the Presi- Senate on February 25, 2014; to the Com- EC–4915. A communication from the Para- dent of the Senate on March 7, 2014; to the mittee on Commerce, Science, and Transpor- legal Specialist, Federal Aviation Adminis- Committee on Environment and Public tation. tration, Department of Transportation, Works. EC–4907. A communication from the Para- transmitting, pursuant to law, the report of EC–4898. A communication from the Legal legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Counsel, Equal Employment Opportunity tration, Department of Transportation, Costruzioni Aeronautiche Tecnam srl Air- Commission, transmitting, pursuant to law, transmitting, pursuant to law, the report of planes’’ ((RIN2120–AA64) (Docket No. FAA– the report of a rule entitled ‘‘Waivers of a rule entitled ‘‘Airworthiness Directives; 2013–0888)) received in the Office of the Presi- Rights and Claims in Settlement of a Charge ATR–GIE Avions de Transport Regional Air- dent of the Senate on February 25, 2014; to or Lawsuit under the Age Discrimination in planes’’ ((RIN2120–AA64) (Docket No. FAA– the Committee on Commerce, Science, and Employment Act’’ (RIN3046–AA58) received 2013–0799)) received in the Office of the Presi- Transportation. in the Office of the President of the Senate EC–4916. A communication from the Para- on March 6, 2014; to the Committee on dent of the Senate on February 25, 2014; to legal Specialist, Federal Aviation Adminis- Health, Education, Labor, and Pensions. the Committee on Commerce, Science, and EC–4899. A communication from the In- Transportation. tration, Department of Transportation, spector General of the Railroad Retirement EC–4908. A communication from the Para- transmitting, pursuant to law, the report of Board, transmitting, pursuant to law, the legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Board’s Congressional Budget Justification tration, Department of Transportation, Airbus Airplanes’’ ((RIN2120–AA64) (Docket for fiscal year 2015; to the Committee on transmitting, pursuant to law, the report of No. FAA–2013–0632)) received in the Office of Health, Education, Labor, and Pensions. a rule entitled ‘‘Airworthiness Directives; the President of the Senate on February 25, EC–4900. A communication from the Dep- Bell Helicopter Textron, Inc. (Bell) Heli- 2014; to the Committee on Commerce, uty Assistant Administrator, Office of Diver- copters’’ ((RIN2120–AA64) (Docket No. FAA– Science, and Transportation. sion Control, Department of Justice, trans- 2013–0735)) received in the Office of the Presi- EC–4917. A communication from the Para- mitting, pursuant to law, the report of a rule dent of the Senate on February 25, 2014; to legal Specialist, Federal Aviation Adminis- entitled ‘‘Schedules of Controlled Sub- the Committee on Commerce, Science, and tration, Department of Transportation, stances: Temporary Placement of 10 Syn- Transportation. transmitting, pursuant to law, the report of thetic Cathinones into Schedule I’’ (Docket EC–4909. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; No. DEA–386) received during adjournment of legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– the Senate in the Office of the President of tration, Department of Transportation, AA64) (Docket No. FAA–2013–0538)) received the Senate on March 7, 2014; to the Com- transmitting, pursuant to law, the report of in the Office of the President of the Senate mittee on the Judiciary. a rule entitled ‘‘Airworthiness Directives; on February 25, 2014; to the Committee on EC–4901. A communication from the Fed- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) Commerce, Science, and Transportation. eral Liaison Officer, Patent and Trademark (Docket No. FAA–2014–0054)) received in the EC–4918. A communication from the Para- Office, Department of Commerce, transmit- Office of the President of the Senate on Feb- legal Specialist, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- ruary 25, 2014; to the Committee on Com- tration, Department of Transportation, titled ‘‘Changes to Permit Delayed Submis- merce, Science, and Transportation. transmitting, pursuant to law, the report of sion of Certain Requirements for Prioritized EC–4910. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Examination’’ (RIN0651–AC93) received in the legal Specialist, Federal Aviation Adminis- Eurocopter France (Eurocopter) Heli- Office of the President of the Senate on tration, Department of Transportation, copters’’ ((RIN2120–AA64) (Docket No. FAA– March 6, 2014; to the Committee on the Judi- transmitting, pursuant to law, the report of 2014–0039)) received in the Office of the Presi- ciary. a rule entitled ‘‘Airworthiness Directives; dent of the Senate on February 25, 2014; to EC–4902. A communication from the Fed- The Boeing Company Airplanes’’ ((RIN2120– the Committee on Commerce, Science, and eral Liaison Officer, Patent and Trademark AA64) (Docket No. FAA–2013–0210)) received Transportation. Office, Department of Commerce, transmit- in the Office of the President of the Senate EC–4919. A communication from the Para- ting, pursuant to law, the report of a rule en- on February 25, 2014; to the Committee on legal Specialist, Federal Aviation Adminis- titled ‘‘Changes to Continued Prosecution Commerce, Science, and Transportation. tration, Department of Transportation, Application Practice’’ (RIN0651–AC92) re- EC–4911. A communication from the Para- transmitting, pursuant to law, the report of ceived in the Office of the President of the legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Senate on March 6, 2014; to the Committee tration, Department of Transportation, Agusta S.p.A. (Type Certificate currently on the Judiciary. transmitting, pursuant to law, the report of held by AgustaWestland S.p.A.) (Agusta) EC–4903. A communication from the Vice a rule entitled ‘‘Airworthiness Directives; Helicopters’’ ((RIN2120–AA64) (Docket No. President of Government Affairs and Cor- Various Restricted Category Helicopters’’ FAA–2013–0478)) received in the Office of the

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1583 President of the Senate on February 25, 2014; tion of the Great Lakes and Mississippi tween the Great Lakes and Mississippi River to the Committee on Commerce, Science, River basins, calling for the formation of a basins, including two alternatives for full and Transportation. regional body to negotiate terms of hydro- hydrologic separation. The GLMRIS report EC–4920. A communication from the Para- logic separation, and urging Congress and recognizes hydrologic separation as the most legal Specialist, Federal Aviation Adminis- other entities to take interim steps to pre- effective way to keep Asian carp out of the tration, Department of Transportation, vent Asian carp movement into the Great Great Lakes and mitigate flooding; and transmitting, pursuant to law, the report of Lakes; to the Committee on Environment Whereas, Complete hydrologic separation a rule entitled ‘‘Airworthiness Directives; and Public Works. of the Great Lakes and Mississippi River ba- Beechcraft Corporation Airplanes’’ HOUSE RESOLUTION NO. 305 sins would be a project measured in decades, not months or years. Asian carp pose a near ((RIN2120–AA64) (Docket No. FAA–2013–0611)) Whereas, The Great Lakes constitute one certainty of establishing populations in the received in the Office of the President of the of the world’s greatest inland waterway sys- Great Lakes before the implementation of Senate on February 25, 2014; to the Com- tems. Recreational opportunities on the hydrologic separation from the Mississippi mittee on Commerce, Science, and Transpor- lakes make Michigan and the region an at- River basin unless strong, strategic interim tation. tractive place for businesses to locate. The measures are implemented; and EC–4921. A communication from the Para- Great Lakes support jobs across a spectrum legal Specialist, Federal Aviation Adminis- Whereas, While the long-term solution is of industries that include manufacturing, developed and implemented, priority in the tration, Department of Transportation, tourism, recreation, shipping—including transmitting, pursuant to law, the report of near-term should be given to effectively pre- freight transport and warehousing—agri- venting the movement of Asian carp into the a rule entitled ‘‘Airworthiness Directives; culture, science, engineering, utilities, and Eurocopter France (Eurocopter) Heli- Great Lakes from the Mississippi River basin mining. The protection of the Great Lakes is through technologies, waterway system im- copters’’ ((RIN2120–AA64) (Docket No. FAA– essential to local and national economic 2013–0679)) received in the Office of the Presi- provements, technology demonstrations, and growth; and continued aggressive management practices dent of the Senate on February 25, 2014; to Whereas, The Great Lakes are central to leading to real reductions in populations. the Committee on Commerce, Science, and Michigan’s state identity and economy with One-way or partial separation to prevent fish Transportation. a $15 billion annual tourism industry and from moving upstream may be possible to EC–4922. A communication from the Para- more than 1 million licensed anglers contrib- achieve in the near-term without having to legal Specialist, Federal Aviation Adminis- uting $2 billion to the economy; and address major flooding and water quality tration, Department of Transportation, Whereas, Aquatic invasive species (AIS) issues. A short-term plan of action should in- transmitting, pursuant to law, the report of are one of the foremost challenges facing the clude study and evaluation of the impacts on a rule entitled ‘‘Airworthiness Directives; Great Lakes. Economic and environmental shipping infrastructure to provide feasible Eurocopter France Helicopters’’ ((RIN2120– damage from invasive species in the Great options for promoting new alternative long- AA64) (Docket No. FAA–2013–0501)) received Lakes basin is estimated at $5.7 billion per in the Office of the President of the Senate term solutions: Now, therefore, be it year, and commercial and sport fishing in Resolved by the House of Representatives, on February 25, 2014; to the Committee on the Great Lakes basin have suffered losses Commerce, Science, and Transportation. That we find that complete hydrologic sepa- estimated at $4.5 billion; and ration is the most effective long-term solu- EC–4923. A communication from the Para- Whereas, Asian carp pose an imminent tion for protecting the Great Lakes and Mis- legal Specialist, Federal Aviation Adminis- threat to the Great Lakes ecosystem and sissippi River basins from aquatic invasive tration, Department of Transportation, economy. The leading front of the Asian carp species (AIS) transfer and urge its implemen- transmitting, pursuant to law, the report of population has been confirmed 25 miles a rule entitled ‘‘Establishment of Area Navi- tation; and be it further downstream of the electric barriers located Resolved, That we memorialize the Con- gation (RNAV) Routes; Atlanta, GA’’ on the Chicago Sanitary and Ship Canal, and ((RIN2120–AA66) (Docket No. FAA–2013–0891)) gress of the United States to call for imme- monitoring has detected Asian carp DNA be- diate action on a suite of measures to reduce received in the Office of the President of the tween the electric barriers and Lake Michi- Senate on February 25, 2014; to the Com- the risk of Asian carp and other invasive spe- gan. Research by U.S. and Canadian fishery cies passing through the Chicago Area Wa- mittee on Commerce, Science, and Transpor- experts shows that there is a significant risk tation. terway System until hydrologic separation of Asian carp surviving, spreading, and es- can be completed, including: EC–4924. A communication from the Regu- tablishing populations in the Great Lakes, lations Officer, Federal Highway Adminis- 1. Continued implementation of the Asian particularly in shallow, near-shore areas like Carp Control Strategy Framework and re- tration, Department of Transportation, Green Bay, Saginaw Bay, Lake St. Clair, and transmitting, pursuant to law, the report of lated efforts; Western Lake Erie. Once established, they 2. Continued support of extensive moni- a rule entitled ‘‘Design-Build Contracting’’ can reproduce rapidly, consume large quan- (RIN2125–AF58) received in the Office of the toring and control efforts, including com- tities of food, disrupt local ecosystems, out- mercial fishing in the Chicago Area Water- President of the Senate on February 25, 2014; compete native fish species, and devastate to the Committee on Commerce, Science, way System, led by the Illinois Department recreational fishing and boating opportuni- of Natural Resources and its federal part- and Transportation. ties. If populations of Asian carp become es- EC–4925. A communication from the Pro- ners; tablished in the Great Lakes, they will be 3. Design and engineering of modifications gram Analyst, National Highway Traffic difficult, if not impossible, to control or to the Brandon Road lock and dam structure Safety Administration, Department of eradicate, and thus, the federal government or other appropriate lock to reduce the risk Transportation, transmitting, pursuant to has recognized Asian carp as ‘‘the most of one-way transfer into Lake Michigan, in- law, the report of a rule entitled ‘‘List of acute [aquatic invasive species] threat facing cluding additional electric barriers at the Nonconforming Vehicles Decided To Be Eli- the Great Lakes today’’; and entrance and exit of the lock, use of carbon gible for Importation’’ (Docket No. NHTSA– Whereas, A recent study conducted by the dioxide as a fish deterrent, modifications of 2013–0092) received in the Office of the Presi- U.S. Army Corps of Engineers and the U.S. the gates on the dam, and other tech- dent of the Senate on February 25, 2014; to Fish and Wildlife Service showed that the nologies; and be it further the Committee on Commerce, Science, and electric barriers in the Chicago Sanitary and Resolved, That we urge the U.S. Army Transportation. Ship Canal, designed to prevent the spread of Corps of Engineers to implement physical EC–4926. A communication from the Pro- Asian carp and other invasive fish, are not separation immediately through lock closure gram Analyst, National Highway Traffic effective in stopping the movement of all should Asian carp pose an imminent threat Safety Administration, Department of fish, especially small fish, and that barges of passing through the Brandon Road Lock; Transportation, transmitting, pursuant to can sweep fish through the electric barrier; and be it further law, the report of a rule entitled ‘‘Federal and Resolved, That we call upon commercial Motor Vehicle Safety Standards; Occupant Whereas, The Restoring the Natural Divide navigation industries to identify practices to Crash Protection’’ (RIN2127–AK56) received report prepared by the Great Lakes Commis- reduce the risk of AIS transfer that can be in the Office of the President of the Senate sion and the Great Lakes and St. Lawrence instituted on an escalating pace commensu- on February 25, 2014; to the Committee on Cities Initiative in 2012 presented three al- rate with the advance of Asian carp toward Commerce, Science, and Transportation. ternatives for hydrologically separating the Lake Michigan; and be it further f Great Lakes and Mississippi River basins. Resolved, That we urge the United States The report demonstrates that a long-term Department of Transportation to study and PETITIONS AND MEMORIALS solution to prevent AIS transfer—while evaluate the current and future infrastruc- The following petition or memorial maintaining or enhancing water quality, ture needs in the affected region to ensure was laid before the Senate and was re- flood control, and transportation—is pos- the continued flow of commerce in and out of sible; and the region; and be it further ferred or ordered to lie on the table as Whereas, The U.S. Army Corps of Engi- Resolved, That we call for the assembly of indicated: neers released the Great Lakes and Mis- a consensus-building body of state and fed- POM–203. A resolution adopted by the sissippi River Interbasin Study (GLMRIS) re- eral agencies, industries, regional commis- House of Representatives of the State of port presenting a range of eight options and sions, and nongovernmental organizations to Michigan urging complete hydrologic separa- technologies to prevent AIS movement be- negotiate terms of hydrologic separation of

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the Great Lakes and Mississippi River basins By Mr. HEINRICH (for himself and Mr. Mr. VITTER, Mr. THUNE, Mr. CHAM- even while planning for interim measures UDALL of New Mexico): BLISS, Mr. ISAKSON, Mr. SCOTT, Mr. are underway; and be it further S. 2116. A bill to direct the Secretary of ROBERTS, Mr. BARRASSO, and Mr. Resolved, That we request that Congress Agriculture, in consultation with Indian RUBIO): call upon the U.S. Fish and Wildlife Service tribes, to make grants, competitive grants, S. Res. 382. A resolution to amend the to provide a lead role in accomplishing these and special research grants to, and enter Standing Rules of the Senate to modify the goals and coordinating efforts of the U.S. into cooperative agreements and other con- provision relating to timing for filing of clo- Army Corps of Engineers and other federal tracting instruments with, eligible entities ture motions; to the Committee on Rules agencies through the Asian Carp Control to conduct research and education and train- and Administration. Strategy Framework and the national con- ing programs to protect and preserve Native f trol plan for Asian carp; and be it further American seeds, and for other purposes; to Resolved, That copies of this resolution be the Committee on Agriculture, Nutrition, ADDITIONAL COSPONSORS transmitted to the President of the United and Forestry. S. 411 States, the President of the United States By Ms. WARREN (for herself and Mr. OCKEFELLER Senate, the Speaker of the United States PORTMAN): At the request of Mr. R , House of Representatives, the members of S. 2117. A bill to amend title 5, United the name of the Senator from Illinois the Michigan congressional delegation, the States Code, to change the default invest- (Mr. KIRK) was added as a cosponsor of Secretary of Transportation, the Secretary ment fund under the Thrift Savings Plan, S. 411, a bill to amend the Internal of the Interior, the Commanding General of and for other purposes; to the Committee on Revenue Code of 1986 to extend and the U.S. Army Corps of Engineers, the Com- Homeland Security and Governmental Af- modify the railroad track maintenance mander of the U.S. Army Corps of Engi- fairs. credit. neers—Chicago District, and the Asian Carp By Mr. BLUNT (for himself, Mr. COR- S. 635 Regional Coordinating Committee. NYN, Mr. SCOTT, Mr. MORAN, Mr. f PAUL, Mr. THUNE, Mr. VITTER, Ms. At the request of Mr. MORAN, the MURKOWSKI, Mr. KIRK, Mr. CRAPO, name of the Senator from North Da- REPORTS OF COMMITTEES Mr. BARRASSO, Mr. JOHANNS, Mr. kota (Mr. HOEVEN) was added as a co- The following reports of committees COBURN, Mr. WICKER, Mr. COATS, Mr. sponsor of S. 635, a bill to amend the were submitted: COCHRAN, Mr. GRASSLEY, Mr. ALEX- Gramm-Leach-Bliley Act to provide an ANDER, Ms. AYOTTE, Mr. GRAHAM, Mr. By Mr. MENENDEZ, from the Committee exception to the annual written pri- HATCH, Mr. BOOZMAN, Mr. ENZI, Mrs. on Foreign Relations, without amendment: FISCHER, and Mr. ISAKSON): vacy notice requirement. S. 2124. An original bill to support sov- S. 2118. A bill to protect the separation of S. 775 ereignty and democracy in Ukraine, and for powers in the Constitution of the United other purposes. At the request of Mrs. GILLIBRAND, States by ensuring that the President takes the name of the Senator from Massa- f care that the laws be faithfully executed, chusetts (Ms. WARREN) was added as a INTRODUCTION OF BILLS AND and for other purposes; to the Committee on cosponsor of S. 775, a bill to amend the JOINT RESOLUTIONS the Judiciary. By Mr. LEE: Internal Revenue Code of 1986 to pro- The following bills and joint resolu- S. 2119. A bill to amend the Head Start Act vide a tax incentive for the installation tions were introduced, read the first to authorize block grants to States for pre- and maintenance of mechanical insula- and second times by unanimous con- kindergarten education; to the Committee tion property. sent, and referred as indicated: on Health, Education, Labor, and Pensions. S. 824 By Mrs. GILLIBRAND: By Mr. MCCAIN: At the request of Mr. MENENDEZ, the S. 2120. A bill to expand the prohibition on S. 2111. A bill to reauthorize the Yuma the manufacture, distribution, and importa- name of the Senator from New York Crossing National Heritage Area; to the tion of children’s products that contain (Mrs. GILLIBRAND) was added as a co- Committee on Energy and Natural Re- phthalates, and for other purposes; to the sponsor of S. 824, a bill to amend the sources. Committee on Commerce, Science, and By Mr. BARRASSO (for himself, Mr. Securities Exchange Act of 1934 to re- Transportation. HOEVEN, and Mr. ENZI): quire shareholder authorization before S. 2112. A bill to authorize the approval of By Mr. WALSH (for himself, Mr. a public company may make certain natural gas pipelines and establish deadlines BEGICH, and Mr. TESTER): political expenditures, and for other and expedite permits for certain natural gas S. 2121. A bill to repeal title II of the REAL purposes. ID Act of 2005; to the Committee on Home- gathering lines on Federal land and Indian S. 933 land; to the Committee on Energy and Nat- land Security and Governmental Affairs. ural Resources. By Mr. HATCH (for himself, Mr. At the request of Mr. LEAHY, the By Mr. COBURN (for himself, Ms. MCCONNELL, and Mr. CORNYN): name of the Senator from Rhode Island S. 2122. A bill to amend titles XVIII and AYOTTE, Mr. BEGICH, Mr. BURR, Mr. (Mr. REED) was added as a cosponsor of XIX of the Social Security Act to repeal the CHAMBLISS, Ms. COLLINS, Mr. CRUZ, S. 933, a bill to amend title I of the Om- Medicare sustainable growth rate and to im- Mr. ENZI, Mr. FLAKE, Mr. HATCH, Mr. nibus Crime Control and Safe Streets prove Medicare and Medicaid payments, and INHOFE, Mr. JOHNSON of Wisconsin, for other purposes; read the first time. Act of 1968 to extend the authorization Mr. MCCAIN, Mrs. MCCASKILL, Mr. By Mr. FRANKEN (for himself and Ms. of the Bulletproof Vest Partnership PAUL, Mr. PORTMAN, Mr. RISCH, Mr. KLOBUCHAR): Grant Program through fiscal year SCOTT, Mr. VITTER, and Mr. WARNER): S. 2113. A bill to provide taxpayers with an S. 2123. A bill to authorize the exchange of 2018. annual report disclosing the cost and per- certain Federal land and non-Federal land in S. 948 the State of Minnesota; to the Committee on formance of Government programs and areas At the request of Mr. SCHUMER, the Energy and Natural Resources. of duplication among them, and for other name of the Senator from Illinois (Mr. purposes; to the Committee on Homeland Se- By Mr. MENENDEZ: S. 2124. An original bill to support sov- DURBIN) was added as a cosponsor of S. curity and Governmental Affairs. 948, a bill to amend title XVIII of the By Mr. WARNER (for himself and Mr. ereignty and democracy in Ukraine, and for COBURN): other purposes; from the Committee on For- Social Security Act to provide for cov- S. 2114. A bill to amend the Securities Ex- eign Relations; placed on the calendar. erage and payment for complex reha- change Act of 1934 with respect to disclo- f bilitation technology items under the sures to investors in municipal and cor- Medicare program. SUBMISSION OF CONCURRENT AND porate debt securities, and for other pur- S. 1135 poses; to the Committee on Banking, Hous- SENATE RESOLUTIONS At the request of Mr. CASEY, the ing, and Urban Affairs. The following concurrent resolutions By Mr. DURBIN (for himself, Mr. REED, name of the Senator from Illinois (Mr. and Senate resolutions were read, and Ms. HIRONO, Mr. BROWN, Mrs. FEIN- DURBIN) was added as a cosponsor of S. STEIN, Mr. MARKEY, Mr. CASEY, Mr. referred (or acted upon), as indicated: 1135, a bill to amend the Safe Drinking CARDIN, Mrs. BOXER, and Mrs. By Mr. GRASSLEY (for himself, Mr. Water Act to repeal a certain exemp- HAGAN): COBURN, Mr. ENZI, Mr. COATS, Mr. tion for hydraulic fracturing, and for S. 2115. A bill to provide for the establish- PAUL, Mr. CRUZ, Mr. JOHANNS, Mr. other purposes. ment of a fund to provide for an expanded JOHNSON of Wisconsin, Mr. HATCH, S. 1150 and sustained national investment in bio- Mr. SESSIONS, Mr. FLAKE, Mr. RISCH, medical research; to the Committee on Mr. INHOFE, Mrs. FISCHER, Mr. LEE, At the request of Mr. BLUMENTHAL, Health, Education, Labor, and Pensions. Mr. TOOMEY, Mr. BLUNT, Mr. BURR, the name of the Senator from Iowa

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1585 (Mr. HARKIN) was added as a cosponsor 1708, a bill to amend title 23, United STABENOW) was added as a cosponsor of of S. 1150, a bill to posthumously award States Code, with respect to the estab- S. 2077, a bill to provide for the exten- a congressional gold medal to Con- lishment of performance measures for sion of certain unemployment benefits, stance Baker Motley. the highway safety improvement pro- and for other purposes. S. 1364 gram, and for other purposes. S. 2082 At the request of Mr. WYDEN, the S. 1737 At the request of Mr. MENENDEZ, the name of the Senator from Montana At the request of Mr. HARKIN, the name of the Senator from Ohio (Mr. (Mr. TESTER) was added as a cosponsor name of the Senator from Colorado BROWN) was added as a cosponsor of S. of S. 1364, a bill to promote neutrality, (Mr. BENNET) was added as a cosponsor 2082, a bill to provide for the develop- implicity, and fairness in the taxation of S. 1737, a bill to provide for an in- ment of criteria under the Medicare of digital goods and digital services. crease in the Federal minimum wage program for medically necessary short S. 1397 and to amend the Internal Revenue inpatient hospital stays, and for other At the request of Mr. PORTMAN, the Code of 1986 to extend increased ex- purposes. name of the Senator from Maine (Mr. pensing limitations and the treatment S. 2086 KING) was added as a cosponsor of S. of certain real property as section 179 1397, a bill to improve the efficiency, At the request of Mr. THUNE, the property. names of the Senator from New Hamp- management, and interagency coordi- S. 1738 nation of the Federal permitting proc- shire (Ms. AYOTTE), the Senator from At the request of Mr. CORNYN, the Georgia (Mr. CHAMBLISS) and the Sen- ess through reforms overseen by the name of the Senator from South Da- Director of the Office of Management ator from Nebraska (Mrs. FISCHER) kota (Mr. THUNE) was added as a co- and Budget, and for other purposes. were added as cosponsors of S. 2086, a sponsor of S. 1738, a bill to provide jus- bill to address current emergency S. 1431 tice for the victims of trafficking. shortages of propane and other home At the request of Mr. WYDEN, the S. 1793 name of the Senator from Illinois (Mr. heating fuels and to provide greater At the request of Ms. KLOBUCHAR, the flexibility and information for Gov- KIRK) was added as a cosponsor of S. 1431, a bill to permanently extend the name of the Senator from Connecticut ernors to address such emergencies in Internet Tax Freedom Act. (Mr. BLUMENTHAL) was added as a co- the future. sponsor of S. 1793, a bill to encourage S. 1456 S. 2099 States to require the installation of At the request of Mr. BENNET, the At the request of Mr. COATS, the residential carbon monoxide detectors names of the Senator from Wisconsin name of the Senator from Oklahoma in homes, and for other purposes. (Ms. BALDWIN), the Senator from Con- (Mr. INHOFE) was added as a cosponsor necticut (Mr. BLUMENTHAL), the Sen- S. 1802 of S. 2099, a bill to amend title 5, ator from Washington (Ms. CANTWELL), At the request of Mr. DONNELLY, the United States Code, to establish uni- the Senator from Delaware (Mr. CAR- name of the Senator from South Da- form requirements for thorough eco- PER), the Senator from Indiana (Mr. kota (Mr. THUNE) was added as a co- nomic analysis of regulations by Fed- DONNELLY), the Senator from Illinois sponsor of S. 1802, a bill to provide eral agencies based on sound principles, (Mr. DURBIN), the Senator from North equal treatment for utility special en- and for other purposes. Carolina (Mrs. HAGAN), the Senator tities using utility operations-related S. 2106 swaps, and for other purposes. from New Mexico (Mr. HEINRICH), the At the request of Mrs. FISCHER, the Senator from North Dakota (Ms. S. 1803 name of the Senator from Kansas (Mr. HEITKAMP), the Senator from Hawaii At the request of Mr. DURBIN, the MORAN) was added as a cosponsor of S. (Ms. HIRONO), the Senator from South name of the Senator from Connecticut 2106, a bill to amend the Internal Rev- Dakota (Mr. JOHNSON), the Senator (Mr. BLUMENTHAL) was added as a co- enue Code of 1986 to provide that the from Maine (Mr. KING), the Senator sponsor of S. 1803, a bill to require cer- individual health insurance mandate from Minnesota (Ms. KLOBUCHAR), the tain protections for student loan bor- not apply until the employer health in- Senator from Louisiana (Ms. LAN- rowers, and for other purposes. surance mandate is enforced without DRIEU), the Senator from Vermont (Mr. S. 2004 exceptions. LEAHY), the Senator from West Vir- At the request of Mr. HEINRICH, his S. CON. RES. 33 ginia (Mr. MANCHIN), the Senator from name was added as a cosponsor of S. At the request of Ms. STABENOW, the Missouri (Mrs. MCCASKILL), the Sen- 2004, a bill to ensure the safety of all names of the Senator from Arkansas ator from Oregon (Mr. MERKLEY), the users of the transportation system, in- (Mr. PRYOR), the Senator from Ohio Senator from Maryland (Ms. MIKUL- cluding pedestrians, bicyclists, transit (Mr. BROWN), the Senator from Indiana SKI), the Senator from Connecticut users, children, older individuals, and (Mr. DONNELLY), the Senator from (Mr. MURPHY), the Senator from Ar- individuals with disabilities, as they kansas (Mr. PRYOR), the Senator from North Dakota (Ms. HEITKAMP), the Sen- travel on and across federally funded ator from Missouri (Mr. BLUNT), the Rhode Island (Mr. REED), the Senator streets and highways. from West Virginia (Mr. ROCKEFELLER), Senator from Arkansas (Mr. BOOZMAN), S. 2024 the Senator from New Mexico (Mr. the Senator from Kansas (Mr. ROB- At the request of Mr. CRUZ, the name UDALL), the Senator from Montana ERTS), the Senator from Georgia (Mr. of the Senator from Alabama (Mr. SES- (Mr. WALSH), the Senator from Vir- CHAMBLISS), the Senator from Ne- SIONS) was added as a cosponsor of S. ginia (Mr. WARNER), the Senator from braska (Mr. JOHANNS), the Senator 2024, a bill to amend chapter 1 of title Rhode Island (Mr. WHITEHOUSE) and the from North Dakota (Mr. HOEVEN) and 1, United States Code, with regard to Senator from Oregon (Mr. WYDEN) were the Senator from South Dakota (Mr. added as cosponsors of S. 1456, a bill to the definition of ‘‘marriage’’ and THUNE) were added as cosponsors of S. award the Congressional Gold Medal to ‘‘spouse’’ for Federal purposes and to Con. Res. 33, a concurrent resolution Shimon Peres. ensure respect for State regulation of celebrating the 100th anniversary of marriage. S. 1506 the enactment of the Smith-Lever Act, At the request of Mr. WICKER, the S. 2053 which established the nationwide Coop- name of the Senator from Louisiana At the request of Ms. WARREN, the erative Extension System. (Mr. VITTER) was added as a cosponsor name of the Senator from Ohio (Mr. S. RES. 348 of S. 1506, a bill to provide tax relief for BROWN) was added as a cosponsor of S. At the request of Mr. BURR, the name persons affected by the discharge of oil 2053, a bill to direct the Architect of of the Senator from Maryland (Ms. MI- in connection with the explosion on, the Capitol to place a chair honoring KULSKI) was added as a cosponsor of S. and sinking of, the mobile offshore American Prisoners of War/Missing in Res. 348, a resolution expressing sup- drilling unit Deepwater Horizon. Action on the Capitol Grounds. port for the internal rebuilding, reset- S. 1708 S. 2077 tlement, and reconciliation within Sri At the request of Mr. HEINRICH, his At the request of Mr. REED, the name Lanka that are necessary to ensure a name was added as a cosponsor of S. of the Senator from Michigan (Ms. lasting peace.

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1586 CONGRESSIONAL RECORD — SENATE March 12, 2014 S. RES. 355 amendment No. 2818 proposed to S. disrepair due to state budget cuts. At the request of Mr. GRAHAM, the 1086, supra. Moreover, the Yuma Crossing NHA has name of the Senator from Kansas (Mr. AMENDMENT NO. 2819 led the way in a remarkable environ- ROBERTS) was added as a cosponsor of At the request of Mr. SCOTT, the mental project along the Colorado S. Res. 355, a resolution calling on the name of the Senator from Louisiana River known as the Yuma East Wet- Government of the Islamic Republic of (Ms. LANDRIEU) was added as a cospon- lands project, which aims to remove Afghanistan to cease the extra-judicial sor of amendment No. 2819 intended to 1,400 acres of non-native, water-guz- release of Afghan detainees, carry out be proposed to S. 1086, a bill to reau- zling salt cedar thickets and re-vege- its commitments pursuant to the thorize and improve the Child Care and tate the area with native willows, cot- Memorandum of Understanding gov- Development Block Grant Act of 1990, tonwood, and mesquite trees. The 400 erning the transfer of Afghan detainees and for other purposes. acres completed thus far has aided in from the United States custody to Af- f the initial recovery of a number of en- ghan control and to uphold the Afghan dangered and migratory bird species, Rule of Law with respect to the refer- STATEMENTS ON INTRODUCED including the Yuma clapper rail, the ral and disposition of detainees. BILLS AND JOINT RESOLUTIONS yellow-billed cuckoo, and the south- S. RES. 365 By Mr. MCCAIN: western willow flycatcher. At the request of Mr. MENENDEZ, the S. 2111. A bill to reauthorize the As a testament to its successes, the name of the Senator from Virginia (Mr. Yuma Crossing National Heritage National Park Service has downgraded WARNER) was added as a cosponsor of S. Area; to the Committee on Energy and the Yuma Crossing historic landmark Res. 365, a resolution deploring the vio- Natural Resources. from Threatened to Watch status. How- lent repression of peaceful demonstra- Mr. MCCAIN. Mr. President, I am ever, more work remains to be done. tors in Venezuela, calling for full ac- please to introduce legislation that For example, the Yuma East Wetlands countability for human rights viola- would reauthorize the Yuma Crossing project has secured a funding commit- tions taking place in Venezuela, and National Heritage Area located in ment from non-federal parties for the supporting the right of the Venezuelan Yuma, AZ. A companion bill is being next fifty years. Because NHA’s have people to the free and peaceful exercise introduced in the House of Representa- an authorization period of 15 years, it’s of representative democracy. tives by Congressman RAU´ L GRIJALVA critical that Congress reauthorize the At the request of Mr. THUNE, his and Congressman ED PASTOR from Ari- Yuma Crossing NHA before the end of name was added as a cosponsor of S. zona. Fiscal Year 2015 so that this effort con- Res. 365, supra. The Yuma Crossing National Herit- tinues uninterrupted. I understand age Area is a unique success story in S. RES. 377 there may be a need to offset the fed- the National Heritage Areas, NHA, sys- At the request of Mr. MENENDEZ, the eral spending that’s authorized by this tem. It was first authorized in 2000 names of the Senator from Ohio (Mr. legislation, and I hope to address this under legislation sponsored by myself BROWN), the Senator from Illinois (Mr. concern as the bill advances through and former Senator Jon Kyl, P.L. 106– DURBIN), the Senator from Rhode Is- the legislative process. I encourage my 319. Yuma Crossing NHA has proven to land (Mr. REED), the Senator from Con- colleagues to support the passage of be a central component in a collabo- necticut (Mr. MURPHY), the Senator this bill. rative effort by local, tribal and federal from Oregon (Mr. WYDEN) and the Sen- partners to transform the City of By Mr. DURBIN (for himself, Mr. ator from Alaska (Mr. BEGICH) were Yuma downtown riverfront area and added as cosponsors of S. Res. 377, a REED, Ms. HIRONO, Mr. BROWN, restore riparian habitat along the resolution recognizing the 193rd anni- Mrs. FEINSTEIN, Mr. MARKEY, banks of the Colorado River. Like versary of the independence of Greece Mr. CASEY, Mr. CARDIN, Mrs. many other NHAs, it was established as and celebrating democracy in Greece BOXER, and Mrs. HAGAN): a means of encouraging historic preser- S. 2115. A bill to provide for the es- and the United States. vation at a local level without assign- tablishment of a fund to provide for an At the request of Mr. JOHNSON of ing large federal resources for the man- South Dakota, his name was added as a expanded and sustained national in- agement of land as a National Park. cosponsor of S. Res. 377, supra. vestment in biomedical research; to The Yuma Crossing NHA model con- the Committee on Health, Education, At the request of Ms. MIKULSKI, her name was added as a cosponsor of S. tinues to involve a broad coalition of Labor, and Pensions. Res. 377, supra. local businesses, farmers, and the Mr. DURBIN. Mr. President, I ask Quechan Tribe of the Fort Yuma In- unanimous consent that the text of the AMENDMENT NO. 2812 dian Reservation among others. bill be printed in the RECORD. At the request of Ms. LANDRIEU, her Yuma Crossing NHA was the first There being no objection, the text of name was added as a cosponsor of NHA to be established west of the Mis- the bill was ordered to be printed in amendment No. 2812 proposed to S. sissippi River. Its purpose is to pre- the RECORD, as follows: 1086, a bill to reauthorize and improve serve and share the history of the S. 2115 the Child Care and Development Block Yuma Crossing, which is a narrow Grant Act of 1990, and for other pur- Be it enacted by the Senate and House of Rep- granite outcropping on the Colorado resentatives of the United States of America in poses. River that for centuries served as the Congress assembled, AMENDMENT NO. 2814 only transportation gateway for those SECTION 1. SHORT TITLE. At the request of Mr. CASEY, his traveling west to California, including This Act may be cited as the ‘‘American name was added as a cosponsor of Spanish missionaries, American pio- Cures Act’’. amendment No. 2814 proposed to S. neers, and gold rush prospectors. Prior SEC. 2. BIOMEDICAL RESEARCH FUND. 1086, a bill to reauthorize and improve to the completion of the trans- (a) PURPOSE.—It is the purpose of this sec- the Child Care and Development Block continental railroad in the 1860’s, if tion to establish a Biomedical Research Fund (referred to in this section as the Grant Act of 1990, and for other pur- you wanted to trade or travel to Cali- poses. ‘‘Fund’’), to be administered by the Sec- fornia, you had to go through Yuma retary of the Treasury, to provide for an ex- AMENDMENT NO. 2818 Crossing. panded and sustained national investment in At the request of Ms. LANDRIEU, the The NHA designation has enabled the biomedical research through the programs name of the Senator from Delaware City of Yuma to develop plans to lever- and agencies described in subsection (b)(2). (Mr. CARPER) was added as a cosponsor age about $80 million in private invest- (b) USE OF FUND.— of amendment No. 2818 proposed to S. ments, not Federal funding, for the re- (1) IN GENERAL.—For each fiscal year, 1086, a bill to reauthorize and improve vitalization of downtown Yuma and the amounts shall be transferred from the Fund the Child Care and Development Block historic landmark. The Yuma Crossing to the accounts related to the programs and agencies described in paragraph (2) to ensure Grant Act of 1990, and for other pur- NHA also played a critical role in sav- that funding for such programs and agencies poses. ing a former Arizona State Park unit, for such fiscal year does not fall below 105 At the request of Mr. CASEY, his the historic Yuma Quartermaster percent of the level of funding provided for name was added as a cosponsor of Depot, which had closed and fallen into the fiscal year immediately preceding the

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1587 fiscal year for which the determination is proceeds to consideration of a measure, mo- SA 2838. Mr. THUNE submitted an amend- being made and an additional amount to action, or other matter’’ after ‘‘at any time’’; ment intended to be proposed by him to the count for any increases in the Gross Domes- and bill S. 1086, supra; which was ordered to lie tic Product for the year involved. (2) by striking ‘‘any measure’’ and insert- on the table. (2) AGENCIES.—The programs and agencies ing ‘‘the measure’’. SA 2839. Mr. BENNET submitted an described in this paragraph are the fol- f amendment intended to be proposed by him lowing: to the bill S. 1086, supra; which was ordered (A) The National Institutes of Health. AMENDMENTS SUBMITTED AND to lie on the table. (B) The Centers for Disease Control and PROPOSED SA 2840. Mr. MANCHIN (for himself and Mr. TOOMEY) submitted an amendment in- Prevention. SA 2820. Mr. LEE submitted an amendment tended to be proposed by him to the bill S. (C) The Department of Defense health pro- intended to be proposed by him to the bill S. 1086, supra; which was ordered to lie on the gram. 1086, to reauthorize and improve the Child table. (D) The medical and prosthetics research Care and Development Block Grant Act of SA 2841. Ms. STABENOW (for herself and program of the Department of Veterans Af- 1990, and for other purposes; which was or- Mr. GRASSLEY) submitted an amendment in- fairs. dered to lie on the table. (c) MINIMUM CONTINUED FUNDING REQUIRE- SA 2821. Mr. LEE submitted an amendment tended to be proposed by her to the bill S. MENT.—Amounts appropriated for each of the intended to be proposed by him to the bill S. 1086, supra; which was ordered to lie on the programs and agencies described in sub- 1086, supra. table. section (b)(2) for a fiscal year shall not be SA 2822. Mr. FRANKEN (for himself, Ms. SA 2842. Ms. WARREN submitted an less than the amounts appropriated for such MURKOWSKI, Ms. HIRONO, Ms. BALDWIN, Mrs. amendment intended to be proposed by her programs and agencies for fiscal year 2014. MURRAY, Mr. THUNE, Ms. HEITKAMP, Mr. to the bill S. 1086, supra; which was ordered (d) FUNDING.—There are hereby authorized TESTER, Mr. UDALL of New Mexico, and Mr. to lie on the table. to be appropriated, and appropriated, to the HEINRICH) submitted an amendment intended SA 2843. Mr. BENNET (for himself, Mr. Fund, out of any monies in the Treasury not to be proposed by him to the bill S. 1086, BEGICH, Mr. SCHATZ, and Mr. UDALL of Colo- otherwise appropriated, such sums as may be supra. rado) submitted an amendment intended to necessary in each fiscal year to enable the SA 2823. Mr. BENNET submitted an be proposed by him to the bill S. 1086, supra; transfers to be made in accordance with sub- amendment intended to be proposed by him which was ordered to lie on the table. section (b)(1). to the bill S. 1086, supra; which was ordered (e) TRANSFER AUTHORITY.—The Committee f on Appropriations of the Senate and the to lie on the table. SA 2824. Mr. BENNET (for himself, Mr. TEXT OF AMENDMENTS Committee on Appropriations of the House ISAKSON, Ms. LANDRIEU, and Mr. KIRK) sub- of Representatives may provide for the SA 2820. Mr. LEE submitted an mitted an amendment intended to be pro- transfer of funds in the Fund to eligible pro- amendment intended to be proposed by posed by him to the bill S. 1086, supra. grams and agencies under this section, sub- him to the bill S. 1086, to reauthorize SA 2825. Mr. VITTER submitted an amend- ject to subsection (b). ment intended to be proposed by him to the and improve the Child Care and Devel- (f) EXEMPTION OF CERTAIN PAYMENTS FROM bill S. 1086, supra; which was ordered to lie opment Block Grant Act of 1990, and SEQUESTRATION.— on the table. for other purposes; which was ordered (1) IN GENERAL.—Section 255(g)(1)(A) of the SA 2826. Mr. PORTMAN submitted an to lie on the table; as follows: Balanced Budget and Emergency Deficit amendment intended to be proposed by him Control Act (2 U.S.C. 905(g)(1)(A)) is amended On page 98, strike line 15 and insert the fol- to the bill S. 1086, supra; which was ordered by inserting after ‘‘Advances to the Unem- lowing: to lie on the table. ployment Trust Fund and Other Funds (16– SA 2827. Mr. PORTMAN submitted an view. 0327–0–1–600).’’ the following: amendment intended to be proposed by him ‘‘(U) IDENTIFICATION.— ‘‘Biomedical Research Fund.’’. to the bill S. 1086, supra; which was ordered ‘‘(i) IN GENERAL.—The plan shall contain an (2) APPLICABILITY.—The amendment made to lie on the table. assurance that the State will— by this section shall apply to any sequestra- SA 2828. Mr. COBURN submitted an ‘‘(I) require each parent, who applies for tion order issued under the Balanced Budget amendment intended to be proposed by him assistance for child care services for a child and Emergency Deficit Control Act of 1985 (2 to the bill S. 1086, supra; which was ordered under this subchapter, to include the name U.S.C. 900 et seq.) on or after the date of en- to lie on the table. and valid identification number of the child actment of this Act. SA 2829. Mr. COBURN submitted an on the application; and f amendment intended to be proposed by him ‘‘(II) check the number before providing to the bill S. 1086, supra; which was ordered the assistance. SUBMITTED RESOLUTIONS to lie on the table. ‘‘(ii) DEFINITION.—In this subparagraph, SA 2830. Mr. COBURN submitted an the term ‘valid identification number’ means amendment intended to be proposed by him a social security number issued to an indi- SENATE RESOLUTION 382—TO to the bill S. 1086, supra; which was ordered vidual by the Social Security Administra- AMEND THE STANDING RULES to lie on the table. tion. Such term shall not include a taxpayer OF THE SENATE TO MODIFY THE SA 2831. Mr. COBURN submitted an identification number issued by the Internal PROVISION RELATING TO TIMING amendment intended to be proposed by him Revenue Service.’’; FOR FILING OF CLOTURE MO- to the bill S. 1086, supra; which was ordered TIONS to lie on the table. SA 2821. Mr. LEE submitted an SA 2832. Mr. COBURN submitted an amendment intended to be proposed by Mr. GRASSLEY (for himself, Mr. amendment intended to be proposed by him him to the bill S. 1086, to reauthorize COBURN, Mr. ENZI, Mr. COATS, Mr. to the bill S. 1086, supra; which was ordered and improve the Child Care and Devel- PAUL, Mr. CRUZ, Mr. JOHANNS, Mr. to lie on the table. opment Block Grant Act of 1990, and SA 2833. Mr. RISCH (for himself and Mr. JOHNSON of Wisconsin, Mr. HATCH, Mr. for other purposes; as follows: SESSIONS, Mr. FLAKE, Mr. RISCH, Mr. ALEXANDER) submitted an amendment intended to be proposed by him to the bill S. On page 136, between lines 2 and 3, insert INHOFE, Mrs. FISCHER, Mr. LEE, Mr. 1086, supra; which was ordered to lie on the the following: TOOMEY, Mr. BLUNT, Mr. BURR, Mr. VIT- table. (e) PROTECTION OF INFORMATION.—Section TER, Mr. THUNE, Mr. CHAMBLISS, Mr. SA 2834. Mr. TESTER (for himself and Ms. 658K(a)(1) of the Child Care and Development ISAKSON, Mr. SCOTT, Mr. ROBERTS, Mr. MURKOWSKI) submitted an amendment in- Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)) BARRASSO, and Mr. RUBIO) submitted tended to be proposed by him to the bill S. is amended by adding at the end the fol- the following resolution; which was re- 1086, supra; which was ordered to lie on the lowing: ferred to the Committee on Rules and table. ‘‘(D) PROHIBITION.—Reports submitted to Administration.: SA 2835. Mr. TESTER (for himself, Mr. the Secretary under subparagraph (C) shall BEGICH, and Mr. BLUMENTHAL) submitted an not contain individually identifiable infor- S. RES. 382 amendment intended to be proposed by him mation.’’. Resolved, to the bill S. 1086, supra; which was ordered SECTION 1. SHORT TITLE. to lie on the table. SA 2822. Mr. FRANKEN (for himself, This resolution may be cited as the SA 2836. Ms. BALDWIN (for herself and Mr. Ms. MURKOWSKI, Ms. HIRONO, Ms. BALD- ‘‘Stop Cloture Abuse Resolution’’. PORTMAN) submitted an amendment intended WIN, Mrs. MURRAY, Mr. THUNE, Ms. SEC. 2. TIME PRE-CLOTURE. to be proposed by her to the bill S. 1086, HEITKAMP, Mr. TESTER, Mr. UDALL of Paragraph 2 of rule XXII of the Standing supra; which was ordered to lie on the table. Rules of the Senate is amended in the first SA 2837. Mr. SCOTT (for himself and Ms. New Mexico, and Mr. HEINRICH) sub- undesignated subparagraph— LANDRIEU) submitted an amendment in- mitted an amendment intended to be (1) by inserting ‘‘after the end of the 24- tended to be proposed by him to the bill S. proposed by him to the bill S. 1086, to hour period beginning at the time the Senate 1086, supra. reauthorize and improve the Child Care

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1588 CONGRESSIONAL RECORD — SENATE March 12, 2014 and Development Block Grant Act of clause (i), the plan shall describe how the opment Block Grant Act of 1990, and 1990, and for other purposes; as follows: State will combine the multiple sets of fund- for other purposes; which was ordered On page 136, strike lines 8 and 9 and insert ing and use the combined funding. to lie on the table; as follows: ULE OF CONSTRUCTION.—Noth- the following: ‘‘(iii) R On page 128, line 16, strike ‘‘chapter; and’’ On page 78, line 9, insert ‘‘and early lan- (1) in subsection (a)— and insert ‘‘chapter;’’. guage and literacy development’’ after (A) in paragraph (2)— On page 128, strike line 22 and insert the ‘‘readiness’’. (i) by striking ‘‘The Secretary’’ and insert- following: ing the following: SA 2828. Mr. COBURN submitted an ance with this subchapter. ‘‘(A) IN GENERAL.—The Secretary’’; amendment intended to be proposed by (ii) by striking ‘‘1 percent, and not more ‘‘(5) after consultation with the Secretary of Education and the heads of any other Fed- him to the bill S. 1086, to reauthorize than 2 percent,’’ and inserting ‘‘2 percent’’; and improve the Child Care and Devel- and eral agencies involved, issue guidance, and (iii) by adding at the end the following: disseminate information on best practices, opment Block Grant Act of 1990, and ‘‘(B) LIMITATIONS.—Notwithstanding sub- regarding use of funding combined by States for other purposes; which was ordered paragraph (A), the Secretary shall only re- as described in section 658E(c)(2)(O)(ii), con- to lie on the table; as follows: serve an amount that is greater than 2 persistent with law other than this sub- On page 68, line 22, strike ‘‘such sums as cent of the amount appropriated under sec- chapter.’’; and may be necessary for each’’ and insert tion 658B, for payments described in subpara- Mr. VITTER submitted an ‘‘$14,400,000,000 for the period consisting’’. graph (A), for a fiscal year (referred to in SA 2825. this subparagraph as the ‘reservation year’) amendment intended to be proposed by SA 2829. Mr. COBURN submitted an if— him to the bill S. 1086, to reauthorize amendment intended to be proposed by ‘‘(i) the amount appropriated under section and improve the Child Care and Devel- him to the bill S. 1086, to reauthorize 658B for the reservation year is greater than opment Block Grant Act of 1990, and and improve the Child Care and Devel- the amount appropriated under section 658B for other purposes; which was ordered opment Block Grant Act of 1990, and for fiscal year 2014; and to lie on the table; as follows: ‘‘(ii) the Secretary ensures that the for other purposes; which was ordered On page 99, strike lines 16 through 20 and amount allotted to States under subsection to lie on the table; as follows: insert the following: (b) for the reservation year is not less than At the end, add the following: the amount allotted to States under sub- tivity described in clause (iii)).’’; SEC. ll. EVALUATION AND CONSOLIDATION OF section (b) for fiscal year 2014.’’; and (iii) by striking ‘‘, with priority’’ and all DUPLICATIVE EARLY LEARNING AND (B) by adding at the end the following: that follows through the period and inserting CHILD CARE PROGRAMS. the following: ‘‘. In using those amounts for (a) ELIMINATION OF DUPLICATIVE PRO- SA 2823. Mr. BENNET submitted an child care services, the State shall give pri- GRAMS.— amendment intended to be proposed by ority for services first to children with dis- (1) CHILD CARE ACCESS MEANS PARENTS IN him to the bill S. 1086, to reauthorize abilities from low-income families (whose SCHOOL PROGRAM.—Subpart 7 of part A of family income does not exceed 85 percent of title IV of the Higher Education Act of 1965 and improve the Child Care and Devel- the State median income for a family of the opment Block Grant Act of 1990, and (20 U.S.C. 1070e et seq.) is repealed. same size), then to children of families with (2) EVEN START.—Subpart 2 of part B of for other purposes; which was ordered very low family incomes (taking into consid- title I of the Elementary and Secondary Edu- to lie on the table; as follows: eration family size), and then to children cation Act of 1965 (20 U.S.C. 6371 et seq.) is At the end of the bill, add the following: with disabilities.’’; and repealed. SEC. ll. ALLOTMENT OF SPACE IN FEDERAL (iv) by adding at the end the following: (3) EARLY READING FIRST.—Subpart 3 of BUILDINGS FOR CHILD CARE. ‘‘(ii) REPORT BY INSPECTOR GENERAL.— part B of title I of the Elementary and Sec- Section 590(b)(2) of title 40, United States ‘‘(I) IN GENERAL.—Not later than Sep- ondary Education Act of 1965 (20 U.S.C. 6381 Code, is amended by striking subparagraph tember 30 of the first full fiscal year after et seq.) is repealed. (C) and inserting the following: the date of enactment of the Child Care and (4) EARLY LEARNING OPPORTUNITIES ACT.— ‘‘(C) the allotment officer determines Development Block Grant Act of 2014, and The Early Learning Opportunities Act (20 that— September 30 of each fiscal year thereafter, U.S.C. 9401 et seq.) is repealed. ‘‘(i) the space will be used to provide child the Inspector General of the Department of (5) EARLY CHILDHOOD EDUCATOR PROFES- care services to children of whom at least 50 Health and Human Services shall prepare SIONAL DEVELOPMENT GRANT PROGRAM.—Sub- percent have 1 parent or guardian who— and submit to the Secretary a report that section (e) of section 2151 of the Elementary ‘‘(I) is employed by the Federal Govern- contains a determination about whether and Secondary Education Act of 1965 (20 ment; or each State uses amounts provided to such U.S.C. 6651(e)) is repealed. ‘‘(II)(aa) has met the requirements for a State for the fiscal year involved under this (b) RESTRICTED USE OF FUNDS.—Notwith- master’s degree or a doctorate degree from subchapter in accordance with the priority standing any other provision of law, no funds an institution of higher education (as defined for services described in clause (i). appropriated for any of the following pro- in section 102 of the Higher Education Act of ‘‘(II) PENALTY FOR NONCOMPLIANCE.—For grams or activities shall be used for child 1965 (20 U.S.C. 1002)); and any fiscal year that the report of such In- care or early education: ‘‘(bb) is conducting research under an ar- spector General described in subclause (I) in- (1) Any assistance provided by the Appa- rangement between the parent or guardian dicates that such a State has failed to give lachian Regional Commission under chapters and a Federal agency; and priority for services in accordance with such 143 or 145 of title 40, United States Code. ‘‘(ii) for available child care services in the clause, the Secretary shall withhold 5 per- (2) The Safe Start Program administered space, the child care provider will give— cent of the funds that would otherwise be al- under part C of the Juvenile Justice and De- ‘‘(I) first priority to Federal employees; located to that State in accordance with this linquency Prevention Act of 1974 (42 U.S.C. and subchapter for the following fiscal year. 5651 et seq.). ‘‘(II) second priority to persons that meet ‘‘(iii) CHILD CARE RESOURCE AND REFERRAL (3) The SMART Prevention grant program the requirements described in items (aa) and SYSTEM.—’’ under section 41303 of the Violence Against (bb) of clause (i)(II).’’. Women Act of 1994 (42 U.S.C. 14043d-2). SA 2826. Mr. PORTMAN submitted an (4) The transitional housing assistance for SA 2824. Mr. BENNET (for himself, amendment intended to be proposed by victims of domestic violence, dating vio- Mr. ISAKSON, Ms. LANDRIEU, and Mr. him to the bill S. 1086, to reauthorize lence, stalking, or sexual assault grant pro- KIRK) submitted an amendment in- and improve the Child Care and Devel- gram under section 40299 of the Violence tended to be proposed by him to the opment Block Grant Act of 1990, and Against Women Act of 1994 (42 U.S.C. 13975). bill S. 1086, to reauthorize and improve for other purposes; which was ordered (5) The migrant and seasonal farmworker to lie on the table; as follows: programs under section 167 of the Workforce the Child Care and Development Block Investment Act of 1998 (29 U.S.C. 2912). Grant Act of 1990, and for other pur- On page 120, strike line 12 and insert the (6) The Native American programs under poses; as follows: following: section 166 of the Workforce Investment Act On page 91, line 17, insert ‘‘efficiently’’ be- preceding 5 years; or of 1998 (29 U.S.C. 2911). fore ‘‘coordinate’’. ‘‘(E) has been convicted of a violent mis- (7) Adult and dislocated worker employ- On page 93, strike line 9 and insert the fol- demeanor, such as assault or domestic vio- ment and training activities under chapter 5 lowing: lence, against a child. of subtitle B of title I of the Workforce In- ‘‘(ii) OPTIONAL USE OF COMBINED FUNDS.—If vestment Act of 1998 (29 U.S.C. 2861 et seq.). the State elects to combine funding for the SA 2827. Mr. PORTMAN submitted an (c) REPORT.— services supported to carry out this sub- amendment intended to be proposed by (1) DEFINITION OF APPLICABLE SECRETARY.— chapter with funding for any program de- him to the bill S. 1086, to reauthorize In this subsection, the term ‘‘applicable Sec- scribed in subclauses (I) through (VII) of and improve the Child Care and Devel- retary’’ means a Secretary with authority

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1589 over a program, activity, service, or provi- (Q) The school breakfast program estab- (KK) Migrant and seasonal farmworker sion of law described in paragraph (3). lished by section 4 of the Child Nutrition Act programs under section 167 of the Workforce (2) IN GENERAL.—Not later than March 1, of 1966 (42 U.S.C. 1773). Investment Act of 1998 (29 U.S.C. 2912). 2015, each applicable Secretary shall submit (R) The special milk program authorized (LL) Native American programs under sec- to Congress, and make available through the under section 3 of the Child Nutrition Act of tion 166 of the Workforce Investment Act of Internet on the public website of the agency 1966 (42 U.S.C. 1772). 1998 (29 U.S.C. 2911). of the applicable Secretary, a report on the (S) The full-service community school (MM) Adult and dislocated worker employ- outcomes of each program, activity, and grant program carried out under subpart 1 of ment and training activities under chapter 5 service described in paragraph (3) under the part D of title V of the Elementary and Sec- of subtitle B of title I of the Workforce In- authority of the Secretary. Each such report ondary Education Act of 1965 (20 U.S.C. 7243 vestment Act of 1998 (29 U.S.C. 2861 et seq.). shall include— et seq.). (NN) The donation of surplus Federal per- (A) a determination of the total adminis- (T) The promise neighborhood grant pro- sonal property through State agencies under trative expenses of the applicable program, gram carried out under subpart 1 of part D of section 549 of title 40, United States Code. activity, or service; title V of the Elementary and Secondary (d) COMBINATION OF INDIAN, NATIVE HAWAI- IAN, AND ALASKA NATIVE EDUCATION PRO- (B) a determination of the expenditures for Education Act of 1965 (20 U.S.C. 7243 et seq.). GRAMS.—By not later than September 15, services for the applicable program, activity, (U) The education for homeless children 2015, the Secretary of Education and the Sec- or service; and and youth program under subtitle B of title (C) an estimate of the number of clients retary of Interior jointly shall— VII of the McKinney-Vento Homeless Assist- (1) review the program outcomes reports served by the applicable program, activity, ance Act (42 U.S.C. 11431 et seq.). or service and beneficiaries who received as- required under this section for the programs, (V) The English language acquisition and activities, and services described in subpara- sistance under the applicable program, activ- language enhancement program under sub- graphs (A) though (F) of subsection (c)(3); ity, or service (if applicable). part 1 of part A of title III of the Elementary and (3) COVERED PROGRAMS.—The programs, ac- and Secondary Education Act of 1965 (20 (2) prepare and submit to Congress a plan, tivities, and services described in this para- U.S.C. 6821). including legislative and administrative rec- graph are the following: (W) The education of migratory children ommendations, regarding how to combine (A) The local educational agency grant program under part C of title I of the Ele- such programs, activities, and services into a program for Indian education under subpart mentary and Secondary Education Act of single program serving the same popu- 1 of part A of title VII of the Elementary and 1965 (20 U.S.C. 6391 et seq.). lations. Secondary Education Act of 1965 (20 U.S.C. (X) The local educational agency grant 7421 et seq.). program authorized under part A of title I of SA 2830. Mr. COBURN submitted an (B) The Native Hawaiian education pro- the Elementary and Secondary Education amendment intended to be proposed by gram under part B of title VII of the Elemen- Act of 1965 (20 U.S.C. 6311 et seq.). tary and Secondary Education Act of 1965 (20 him to the bill S. 1086, to reauthorize (Y) The special education State personnel and improve the Child Care and Devel- U.S.C. 7511 et seq.). development grant program under subpart 1 (C) Any Indian child and family service opment Block Grant Act of 1990, and of part D of the Individuals with Disabilities for other purposes; which was ordered program funded by a grant awarded under Education Act (20 U.S.C. 1451 et seq.). title II of the Indian Child Welfare Act of (Z) The State grant program for children to lie on the table; as follows: 1978 (25 U.S.C. 1931 et seq.). with disabilities under part B of the Individ- At the appropriate place, insert the fol- (D) Assistance provided to schools under uals with Disabilities Education Act (20 lowing: section 1121(b)(3) of the Education Amend- U.S.C. 1411 et seq.). SEC. lll. ELIMINATION OF CHILD CARE SUB- ments of 1978 (25 U.S.C. 2001). (AA) The technology and media services SIDIES FOR MILLIONAIRES. (E) The Indian child and family education for individuals with disabilities program (a) INTERNAL REVENUE CODE.— program authorized under part B of title XI under section 674 of the Individuals with Dis- (1) NO HOUSEHOLD AND DEPENDENT CARE of the Education Amendments of 1978 (25 abilities Education Act (20 U.S.C. 1474). CREDIT FOR MILLIONAIRES.—Section 21 of the U.S.C. 2000 et seq.) Internal Revenue Code of 1986 is amended by (BB) The community services block grant (F) The Alaska native educational program redesignating subsection (f) as subsection (g) program under the Community Services under part C of title VII of the Elementary and by inserting after subsection (e) the fol- Block Grant Act (42 U.S.C. 9901 et seq.). and Secondary Education Act of 1965 (20 lowing new subsection: (CC) The program of block grants to States U.S.C. 7541 et seq.). ‘‘(f) NO CREDIT FOR MILLIONAIRES.—No for social services under subtitle A of title (G) The grant program for the improve- credit shall be allowed under this section for XX of the Social Security Act (42 U.S.C. 1397 ment of educational opportunities for Indian any taxable year with respect to any tax- et seq.). children authorized under section 7121(c) of payer with an adjusted gross income equal to the Elementary and Secondary Education (DD) The program of block grants to or greater than $1,000,000 for such taxable Act of 1965 (20 U.S.C. 7441(c)). States for temporary assistance for needy year.’’. (H) The Race to the Top State incentive families under part A of title IV of the Social (2) NO DEPENDENT CARE ASSISTANCE PRO- grant program under section 14006 of the Security Act (42 U.S.C. 601 et seq.). GRAMS FOR MILLIONAIRES.—Section 129(a) of American Recovery and Reinvestment Act of (EE) Grants provided under the Commu- the Internal Revenue Code of 1986 is amended 2009 (Public Law 112–10). nity Development Block Grant program es- by adding at the end the following new para- (I) The grant program for special education tablished under title I of the Housing and graph: for infants, toddlers, and families authorized Community Development Act of 1974 (42 ‘‘(3) NO EXCLUSION FOR MILLIONAIRES.—No under part C of the Individuals with Disabil- U.S.C. 5301 et seq.) for areas that are not exclusion shall be allowed by reason of this ities Education Act (20 U.S.C. 1431 et seq.). nonentitlement areas. section for any taxable year with respect to (J) The special education grant program (FF) Grants provided under the Commu- any taxpayer with an adjusted gross income for preschool-aged children authorized under nity Development Block Grant program es- equal to or greater than $1,000,000 for such section 619 of the Individuals with Disabil- tablished under title I of the Housing and taxable year.’’. ities Education Act (20 U.S.C. 1419). Community Development Act of 1974 (42 (3) EFFECTIVE DATE.—The amendments (K) The child care development block U.S.C. 5301 et seq.) for insular areas, as de- made by this subsection shall apply to tax- grant program under the Child Care and De- fined in section 102 of such Act (42 U.S.C. able years beginning after the date of the en- velopment Block Grant Act of 1990 (42 U.S.C. 5302). actment of this Act. 9858 et seq.), including funds provided under (GG) Grants provided under the Commu- (b) FEDERAL PAYMENTS.— section 418 of the Social Security Act (42 nity Development Block Grant program es- (1) NO CHILD CARE SUBSIDIES FOR MILLION- U.S.C. 618). tablished under title I of the Housing and AIRES.—Notwithstanding any other provision (L) Programs provided under the Head Community Development Act of 1974 (42 of law, no Federal funds may be used to Start Act (42 U.S.C. 9831 et seq.). U.S.C. 5301 et seq.) for nonentitlement areas make payments relating to child care or (M) Space allotted in a Federal building for in Hawaii. child care services for any individual whose child care services under section 590 of title (HH) The Safe Start Program administered adjusted gross income in the preceding year 40, United States Code. under part C of the Juvenile Justice and De- was equal to or greater than $1,000,000. (N) Any assistance provided by the Appa- linquency Prevention Act of 1974 (42 U.S.C. (2) EFFECTIVE DATE.—The prohibition lachian Regional Commission under chapters 5651 et seq.). under this subsection shall apply to any pay- 143 or 145 of title 40, United States Code. (II) The SMART Prevention grant program ments made on or after the date of the en- (O) The child and adult care food program under section 41303 of the Violence Against actment of this Act. established under section 17 of the Richard Women Act of 1994 (42 U.S.C. 14043d-2). B. Russell National School Lunch Act (42 (JJ) The transitional housing assistance SA 2831. Mr. COBURN submitted an U.S.C. 1766). for victims of domestic violence, dating vio- amendment intended to be proposed by (P) The school lunch program established lence, stalking, or sexual assault grant pro- him to the bill S. 1086, to reauthorize under the Richard B. Russell National gram under section 40299 of the Violence and improve the Child Care and Devel- School Lunch Act (42 U.S.C. 1751 et seq.). Against Women Act of 1994 (42 U.S.C. 13975). opment Block Grant Act of 1990, and

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1590 CONGRESSIONAL RECORD — SENATE March 12, 2014 for other purposes; which was ordered On page 80, line 15, insert after ‘‘services.’’ Act of 1993 (29 U.S.C. 2612(a)(1)) is amended to lie on the table; as follows: the following: ‘‘The Secretary shall not pro- by adding at the end the following new sub- mulgate any rule (including any regulation), paragraph: Beginning on page 132, strike line 10 and issue any guidance, or take any other action, ‘‘(F) Because of the death of a son or all that follows through page 136, line 17, and that incentivizes, encourages, or mandates daughter.’’. insert the following: any such individual or entity to acquire such (2) REQUIREMENTS RELATING TO LEAVE.— (d) REPORT BY SECRETARY.—Section 658L of a credential.’’. the Child Care and Development Block Grant (A) SCHEDULE.—Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by in- Act of 1990 (42 U.S.C. 9858j) is amended— SA 2834. Mr. TESTER (for himself (1) by striking ‘‘1998’’ and inserting ‘‘2016’’; serting after the third sentence the following and Ms. MURKOWSKI) submitted an and new sentence: ‘‘Leave under subsection (2) by striking ‘‘to the Committee’’ and all amendment intended to be proposed by (a)(1)(F) shall not be taken by an employee that follows through ‘‘of the Senate’’ and in- him to the bill S. 1086, to reauthorize intermittently or on a reduced leave sched- serting ‘‘to the Committee on Education and and improve the Child Care and Devel- ule unless the employee and the employer of the Workforce of the House of Representa- opment Block Grant Act of 1990, and the employee agree otherwise.’’. tives and the Committee on Health, Edu- for other purposes; which was ordered (B) SUBSTITUTION OF PAID LEAVE.—Section cation, Labor, and Pensions of the Senate’’. to lie on the table; as follows: 102(d)(2)(B) of such Act (29 U.S.C. 2612(d)(2)(B)) is amended, in the first sen- SEC. 9. PAYMENTS TO BENEFIT INDIAN CHIL- On page 136, strike line 16 and all that fol- tence, by striking ‘‘(C) or (D)’’ and inserting DREN. lows through page 137, line 7, and insert the ‘‘(C), (D), or (F)’’. Section 658O(c)(2) of the Child Care and De- following: (C) NOTICE.—Section 102(e) of such Act (29 velopment Block Grant Act of 1990 (42 U.S.C. (2) in subsection (c)— U.S.C. 2612(e)) is amended by adding at the 9858m(c)(2)) is amended by adding at the end (A) in paragraph (2), by adding at the end end the following new paragraph: the following: the following: ‘‘(4) NOTICE FOR LEAVE DUE TO DEATH OF A ‘‘(D) LICENSING AND STANDARDS.—In lieu of Mr. COBURN submitted an SON OR DAUGHTER.—In any case in which the SA 2832. any licensing and regulatory requirements necessity for leave under subsection (a)(1)(F) amendment intended to be proposed by applicable under State or local law, the Sec- is foreseeable, the employee shall provide him to the bill S. 1086, to reauthorize retary, in consultation with Indian tribes such notice to the employer as is reasonable and improve the Child Care and Devel- and tribal organizations, shall develop min- and practicable.’’. opment Block Grant Act of 1990, and imum child care standards that shall be ap- (D) SPOUSES EMPLOYED BY SAME EM- plicable to Indian tribes and tribal organiza- for other purposes; which was ordered PLOYER.—Section 102(f)(1)(A) of such Act (29 tions receiving assistance under this sub- to lie on the table; as follows: U.S.C. 2612(f)(1)(A)) is amended by striking chapter. Such standards shall appropriately ‘‘subparagraph (A) or (B)’’ and inserting At the appropriate place, insert the fol- reflect Indian tribe and tribal organization ‘‘subparagraph (A), (B), or (F)’’. lowing: needs and available resources, and shall in- (E) CERTIFICATION REQUIREMENTS.—Section SEC. lll. ELIMINATION OF CHILD CARE SUB- clude standards requiring a publicly avail- 103 of such Act (29 U.S.C. 2613) is amended by SIDIES FOR HIGH-INCOME INDIVID- able application, health and safety stand- adding at the end the following: UALS. ards, and standards requiring a reservation ‘‘(g) CERTIFICATION RELATED TO THE DEATH (a) INTERNAL REVENUE CODE.— of funds for activities to improve the quality OF A SON OR DAUGHTER.—An employer may (1) NO HOUSEHOLD AND DEPENDENT CARE of child care provided to Indian children.’’; require that a request for leave under section CREDIT FOR HIGH-INCOME INDIVIDUALS.—Sec- and 102(a)(1)(F) be supported by a certification tion 21 of the Internal Revenue Code of 1986 (B) in paragraph (6), by striking subpara- issued at such time and in such manner as is amended by redesignating subsection (f) as graph (C) and inserting the following: the Secretary may by regulation prescribe. If subsection (g) and by inserting after sub- ‘‘(C) LIMITATION.— the Secretary issues a regulation requiring section (e) the following new subsection: ‘‘(i) IN GENERAL.—Except as provided in such certification, the employee shall pro- ‘‘(f) NO CREDIT FOR HIGH-INCOME INDIVID- clause (ii), the Secretary may not permit an vide, in a timely manner, a copy of such cer- UALS.—No credit shall be allowed under this Indian tribe or tribal organization to use tification to the employer.’’. section for any taxable year with respect to amounts provided under this subsection for (F) FAILURE TO RETURN FROM LEAVE.—Sec- any taxpayer with an adjusted gross income construction or renovation if the use will re- tion 104(c) of such Act (29 U.S.C. 2614(c)) is equal to or greater than $250,000 for such tax- sult in a decrease in the level of child care amended— able year.’’. services provided by the Indian tribe or trib- (i) in paragraph (2)(B)(i), by inserting be- (2) NO DEPENDENT CARE ASSISTANCE PRO- al organization as compared to the level of fore the semicolon the following: ‘‘, or a GRAMS FOR HIGH-INCOME INDIVIDUALS.—Sec- child care services provided by the Indian death that entitles the employee to leave tion 129(a) of the Internal Revenue Code of tribe or tribal organization in the fiscal year under section 102(a)(1)(F)’’; and 1986 is amended by adding at the end the fol- preceding the year for which the determina- (ii) in paragraph (3)(A)— lowing new paragraph: tion under subparagraph (B) is being made. (I) in the matter preceding clause (i), by in- ‘‘(3) NO EXCLUSION FOR HIGH-INCOME INDIVID- ‘‘(ii) WAIVER.—The Secretary shall waive serting ‘‘, or the death,’’ before ‘‘described’’; UALS.—No exclusion shall be allowed by rea- the limitation described in clause (i) if— (II) in clause (ii), by striking ‘‘or’’ at the son of this section for any taxable year with ‘‘(I) the Secretary determines that the de- end; respect to any taxpayer with an adjusted crease in the level of child care services pro- (III) by redesignating clause (iii) as clause gross income equal to or greater than vided by the Indian tribe or tribal organiza- (iv); and $250,000 for such taxable year.’’. tion is temporary; and (IV) by inserting after clause (ii) the fol- (3) EFFECTIVE DATE.—The amendments ‘‘(II) the Indian tribe or tribal organization lowing: made by this subsection shall apply to tax- submits to the Secretary a plan that dem- ‘‘(iii) a certification that meets such re- able years beginning after the date of the en- onstrates that after the date on which the quirements as the Secretary may by regula- actment of this Act. construction or renovation is completed— tion prescribe, in the case of an employee un- (b) FEDERAL PAYMENTS.— ‘‘(aa) the level of child care services will able to return to work because of a death (1) NO CHILD CARE SUBSIDIES FOR HIGH-IN- increase; or specified in section 102(a)(1)(F); or’’. COME INDIVIDUALS.—Notwithstanding any ‘‘(bb) the quality of child care services will (G) EMPLOYEES OF LOCAL EDUCATIONAL other provision of law, no Federal funds may improve.’’. be used to make payments relating to child AGENCIES.—Section 108 of such Act (29 U.S.C. care or child care services for any individual SA 2835. Mr. TESTER (for himself, 2618) is amended— (i) in subsection (c)— whose adjusted gross income in the pre- Mr. BEGICH, and Mr. BLUMENTHAL) sub- ceding year was equal to or greater than (I) in paragraph (1)— mitted an amendment intended to be (aa) in the matter preceding subparagraph $250,000. proposed by him to the bill S. 1086, to (2) EFFECTIVE DATE.—The prohibition (A), by inserting after ‘‘medical treatment’’ under this subsection shall apply to any pay- reauthorize and improve the Child Care the following: ‘‘, or under section 102(a)(1)(F) ments made on or after the date of the en- and Development Block Grant Act of that is foreseeable,’’; and actment of this Act. 1990, and for other purposes; which was (bb) in subparagraph (A), by inserting after ordered to lie on the table; as follows: ‘‘to exceed’’ the following: ‘‘(except in the SA 2833. Mr. RISCH (for himself and At the end, add the following: case of leave under section 102(a)(1)(F))’’; and (II) in paragraph (2), by striking ‘‘section Mr. ALEXANDER) submitted an amend- SEC. ll. FAMILY LEAVE BECAUSE OF THE ment intended to be proposed by him DEATH OF A SON OR DAUGHTER. 102(e)(2)’’ and inserting ‘‘paragraphs (2) and (a) SHORT TITLE.—This section may be (4) of section 102(e), as applicable’’; and to the bill S. 1086, to reauthorize and (ii) in subsection (d), in paragraph (2) and improve the Child Care and Develop- cited as the ‘‘Parental Bereavement Act of 2014’’. (3), by striking ‘‘or (C)’’ each place it appears ment Block Grant Act of 1990, and for (b) FAMILY LEAVE.— and inserting ‘‘(C), or (F)’’. other purposes; which was ordered to (1) ENTITLEMENT TO LEAVE.—Section (c) FAMILY LEAVE FOR CIVIL SERVICE EM- lie on the table; as follows: 102(a)(1) of the Family and Medical Leave PLOYEES.—

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(1) ENTITLEMENT TO LEAVE.—Section ‘‘(B) provide structured daily activities, in- ‘‘(i) the space will be used to provide child 6382(a)(1) of title 5, United States Code, is cluding the development, improvement, care services to children of whom at least 50 amended by adding at the end the following: monitoring, and reinforcing of age-appro- percent have 1 parent or guardian who— ‘‘(F) Because of the death of a son or priate social, communication and behavioral ‘‘(I) is employed by the Federal Govern- daughter.’’. skills, trauma-informed and gender-respon- ment; or (2) REQUIREMENTS RELATING TO LEAVE.— sive services, crisis intervention and crisis ‘‘(II)(aa) has met the requirements for a (A) SCHEDULE.—Section 6382(b)(1) of such support services, medication monitoring, master’s degree or a doctorate degree from title is amended by inserting after the third counseling, and case management, and may an institution of higher education (as defined sentence the following new sentence: ‘‘Leave furnish other intensive community services; in section 102 of the Higher Education Act of under subsection (a)(1)(F) shall not be taken and 1965 (20 U.S.C. 1002)); and by an employee intermittently or on a re- ‘‘(C) provide foster care parents with spe- ‘‘(bb) is conducting research under an ar- duced leave schedule unless the employee cialized training and consultation in the rangement between the parent or guardian and the employing agency of the employee management of children with mental illness, and a Federal agency.’’. agree otherwise.’’. trauma, other emotional or behavioral dis- (B) SUBSTITUTION OF PAID LEAVE.—Section orders, medically fragile conditions, or de- SA 2840. Mr. MANCHIN (for himself 6382(d) of such title is amended, in the first velopmental disabilities, and specific addi- and Mr. TOOMEY) submitted an amend- sentence, by striking ‘‘or (E)’’ and inserting tional training on the needs of each child ment intended to be proposed by him ‘‘(E), or (F)’’. provided such services. to the bill S. 1086, to reauthorize and ‘‘(2) In making coverage determinations (C) NOTICE.—Section 6382(e) of such title is improve the Child Care and Develop- amended by adding at the end the following under paragraph (1), a State may employ new paragraph: medical necessity criteria that are similar to ment Block Grant Act of 1990, and for ‘‘(4) In any case in which the necessity for the medical necessity criteria applied to cov- other purposes; which was ordered to leave under subsection (a)(1)(F) is foresee- erage determinations for other services and lie on the table; as follows: able, the employee shall provide such notice supports under this title. On page 122, between lines 16 and 17, insert to the employing agency as is reasonable and ‘‘(3) The services described in this sub- the following: section do not include the training referred practicable.’’. (5) IMPACT ON EMPLOYMENT OFFER.—Except (D) CERTIFICATION REQUIREMENTS.—Section to in paragraph (1)(C).’’. as provided in paragraph (2), a child care pro- (b) EFFECTIVE DATE.—The amendments 6383 of such title is amended by adding at the vider covered by subsection (c) may not made by subsection (a) shall apply to cal- end the following: make an offer of employment as a child care ‘‘(g) An employing agency may require endar quarters beginning on or after the date of enactment of this Act. staff member to an individual, even for em- that a request for leave under section ployment on a conditional or temporary 6382(a)(1)(F) be supported by a certification SA 2837. Mr. SCOTT (for himself and basis, until the individual— issued at such time and in such manner as (A) obtains a qualifying background check the Office of Personnel Management may by Ms. LANDRIEU) submitted an amendment intended to be proposed by him result for a criminal background check de- regulation prescribe. If the Office issues a scribed in subsection (b); or regulation requiring such certification, the to the bill S. 1086, to reauthorize and (B) qualifies under paragraph (4). employee shall provide, in a timely manner, improve the Child Care and Develop- a copy of such certification to the em- ment Block Grant Act of 1990, and for SA 2841. Ms. STABENOW (for herself ployer.’’. other purposes; as follows: and Mr. GRASSLEY) submitted an On page 140, between lines 2 and 3, insert amendment intended to be proposed by SA 2836. Ms. BALDWIN (for herself the following: her to the bill S. 1086, to reauthorize and Mr. PORTMAN) submitted an SEC. 10A. PARENTAL RIGHTS AND RESPONSIBIL- and improve the Child Care and Devel- amendment intended to be proposed by ITIES. opment Block Grant Act of 1990, and her to the bill S. 1086, to reauthorize Section 658Q of the Child Care and Devel- for other purposes; which was ordered and improve the Child Care and Devel- opment Block Grant Act of 1990 (42 U.S.C. to lie on the table; as follows: opment Block Grant Act of 1990, and 9858o) is amended— (1) by inserting before ‘‘Nothing’’ the fol- On page 141, after line 4, add the following: for other purposes; which was ordered lowing: to lie on the table; as follows: SEC. 13. QUALITY MEASURES FOR MATERNITY ‘‘(a) IN GENERAL.—’’; and CARE UNDER MEDICAID AND CHIP; At the end, add the following: (2) by adding at the end the following: QUALITY COLLABORATIVE GRANTS. SEC. l. QUALITY FOSTER CARE SERVICES. ‘‘(b) PARENTAL RIGHTS TO USE CHILD CARE (a) QUALITY MEASURES FOR MATERNITY (a) INCLUSION OF THERAPEUTIC FOSTER CARE CERTIFICATES.—Nothing in this subchapter CARE UNDER MEDICAID AND CHIP.— AS MEDICAL ASSISTANCE.—Section 1905 of the shall be construed in a manner— (1) IN GENERAL.—Section 1139A of the So- Social Security Act (42 U.S.C. 1396d) is ‘‘(1) to favor or promote the use of grants cial Security Act (42 U.S.C. 1320b–9a) is amended— and contracts for the receipt of child care amended by adding at the end the following (1) in subsection (a)— services under this subchapter over the use new subsection: (A) in paragraph (28), by striking ‘‘and’’ at of child care certificates; or ‘‘(j) MOTHER AND INFANT CARE (MIC) QUAL- the end; ‘‘(2) to disfavor or discourage the use of ITY MEASURES.— (B) by redesignating paragraph (29) as such certificates for the purchase of child ‘‘(1) IN GENERAL.—As part of the pediatric paragraph (30); and care services, including those services pro- quality measures program established under (C) by inserting after paragraph (28) the vided by private or nonprofit entities, such subsection (b) and the Medicaid Quality following new paragraph: as faith-based providers.’’. Measurement Program established under ‘‘(29) therapeutic foster care services de- Mr. THUNE submitted an section 1139B(b)(5)(A), the Secretary shall— scribed in subsection (ee); and’’; and SA 2838. ‘‘(A) review quality measures endorsed (2) by adding at the end the following new amendment intended to be proposed by under section 1890(b)(2) that relate to the subsection: him to the bill S. 1086, to reauthorize care of childbearing women and newborns, ‘‘(ee)(1) For purposes of subsection (a)(29), and improve the Child Care and Devel- particularly with respect to the application subject to subparagraph (C), therapeutic fos- opment Block Grant Act of 1990, and of such measures to the Medicaid and CHIP ter care services described in this subsection for other purposes; which was ordered programs under titles XIX and XXI, and are services provided for children who have to lie on the table; as follows: identify omissions and deficiencies in the ap- not attained age 21, and who, as a result of On page 88, line 5, insert ‘‘offering child plication of those measures to such pro- mental illness, other emotional or behav- care certificates to parents,’’ after ‘‘tions,’’. grams; ioral disorders, medically fragile conditions, ‘‘(B) develop and publish a set of maternity or developmental disabilities, need the level SA 2839. Mr. BENNET submitted an care quality measures for the Medicaid and of care provided in an institution (including amendment intended to be proposed by CHIP programs under titles XIX and XXI (in a psychiatric residential treatment facility) him to the bill S. 1086, to reauthorize this subsection referred to as the ‘Mother or nursing facility the cost of which could be and Infant Care (MIC) quality measures’) in reimbursed under the State plan but who can and improve the Child Care and Devel- accordance with the requirements of para- be cared for or maintained in a community opment Block Grant Act of 1990, and graphs (2) and (3); and placement, through therapeutic foster care for other purposes; which was ordered ‘‘(C) on an ongoing basis, review the MIC programs that— to lie on the table; as follows: quality measures and develop and publish ‘‘(A) are licensed by the State and accred- At the end of the bill, add the following: any modifications of, or additions or dele- ited by the Joint Commission, the Commis- SEC. ll. ALLOTMENT OF SPACE IN FEDERAL tions to, such measures that reflect the de- sion on Accreditation of Rehabilitation Fa- BUILDINGS FOR CHILD CARE. velopment, testing, validation, and con- cilities, the Council on Accreditation, or by Section 590(b)(2)(C) of title 40, United sensus process described in paragraph (4). another equivalent accreditation agency (or States Code, is amended by striking clause ‘‘(2) PROCESS FOR INITIAL REVIEW AND PUBLI- agencies) as the Secretary may recognize; (i) and inserting the following: CATION.—

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‘‘(A) CONSULTATION AND PUBLIC COMMENT.— ‘‘(i) has demonstrated expertise and capac- ‘‘(vi) other topics relevant to the quality of Not later than January 1, 2016, the Secretary ity in the development and testing of quality the experience of childbearing women and shall— measures; newborns. ‘‘(i) solicit public comment on the pro- ‘‘(ii) has adopted procedures for quality ‘‘(C) LANGUAGES.—The surveys adapted posed MIC quality measures; and measure development that ensure the inclu- under subparagraph (A) shall be available in ‘‘(ii) consult with the stakeholders identi- sion of— English and Spanish. fied in paragraph (6)(A) regarding such meas- ‘‘(I) the views of the individuals and enti- ‘‘(D) ENDORSEMENT.—The Agency for ures. ties referred to in paragraph (3)(B)(v) and Healthcare Research and Quality shall sub- ‘‘(B) PUBLICATION OF INITIAL SET OF MEAS- whose performance will be assessed by the mit any Consumer Assessment of Healthcare URES.—Not later than January 1, 2017, the measures; and Providers and Systems surveys adapted Secretary shall identify and publish the ini- ‘‘(II) the views of other individuals and en- under this paragraph to the consensus-based tial MIC quality measures. tities (including patients, consumers, and entity with a contract under section health care purchasers) who will use the data ‘‘(3) REQUIREMENTS.— 1890(a)(1) to be considered for endorsement generated as a result of the use of the qual- ‘‘(A) IN GENERAL.—The MIC quality meas- under section 1890(b)(2). ity measures; ures shall— ‘‘(E) CONSULTATION.—The adaption of (and ‘‘(iii) for the purpose of ensuring that the ‘‘(i) be evidence-based; process for applying) the surveys under sub- MIC quality measures meet the require- paragraph (A) shall be conducted in con- ‘‘(ii) utilize risk adjustment or risk strati- ments to be considered for endorsement fication methodologies, if appropriate; sultation with the stakeholders identified in under section 1890(b)(2), has provided assur- paragraph (6)(A). ‘‘(iii) utilize attribution methods to specify ances to the Secretary that the measure de- the clinicians, facilities, and other entities ‘‘(6) STAKEHOLDERS.— velopment entity will collaborate with— N GENERAL.—The stakeholders identi- that the measures are applicable to; ‘‘(A) I ‘‘(I) the Secretary; fied in this subparagraph are— ‘‘(iv) be pilot-tested with regards to sci- ‘‘(II) the consensus-based entity with a ‘‘(i) the various clinical disciplines and entific validity, feasibility, and attribution contract under section 1890(a)(1); and specialties involved in providing maternity method; and ‘‘(III) stakeholders (including those stake- care; ‘‘(v) include a balance of each of the types holders identified in paragraph (6)(A)), as ‘‘(ii) State Medicaid administrators; of measures listed in subparagraph (B). practicable; ‘‘(iii) maternity care consumers and their ‘‘(B) LIST OF TYPES OF MEASURES.—The ‘‘(iv) has transparent policies regarding advocates; measures listed in this subparagraph are the governance and conflicts of interest; and ‘‘(iv) technical experts in quality measure- following: ‘‘(v) submits an application to the Sec- ment; ‘‘(i) Measures of the process, experience, ef- retary at such time, and in such form and ‘‘(v) hospital, facility and health system ficiency, and outcomes of maternity care, in- manner, as the Secretary may require. leaders; cluding postpartum outcomes. ‘‘(C) eMEASURES.— ‘‘(vi) employers and purchasers; and ‘‘(ii) Measures that apply to— ‘‘(i) IN GENERAL.—A qualified measure de- ‘‘(vii) other individuals who are involved in ‘‘(I) women and newborns who are healthy velopment entity with a grant, contract, or the advancement of evidence-based mater- intergovernmental agreement under sub- and at low risk, including measures of appro- nity care quality measures. priately low-intervention, physiologic birth paragraph (A) shall consult with the vol- ‘‘(B) PROFESSIONAL ORGANIZATIONS.—The untary consensus standards setting organiza- in low-risk women; and stakeholders identified under subparagraph tions and other organizations involved in the ‘‘(II) women and newborns at higher risk. (A) may include representatives from rel- advancement of evidence-based measures of ‘‘(iii) Measures that apply to— evant national medical specialty and profes- health care that the Secretary consults with ‘‘(I) childbearing women; and sional organizations and specialty societies. under subsection (b)(3)(H) and section ‘‘(II) newborns. ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 1139B(b)(5)(A) to create, as part of the MIC ‘‘(iv) Measures that apply to care during— There are authorized to be appropriated quality measures, eMeasures that are ‘‘(I) pregnancy; $16,000,000 to carry out this subsection. aligned with the measures developed under ‘‘(II) the intrapartum period; and Funds appropriated under this paragraph ‘‘(III) the postpartum period. the pediatric quality measures program established under subsection (b) and the Med- shall remain available until expended.’’. ‘‘(v) Measures that apply to— (2) CONFORMING AMENDMENTS.— ‘‘(I) clinicians and clinician groups; icaid Quality Measurement Program established under section 1139B(b)(5)(A). (A) Section 1139A of the Social Security ‘‘(II) facilities; Act (42 U.S.C. 1320b–9a) is amended— ‘‘(ii) eMEASURE DEFINED.—For purposes of ‘‘(III) health plans; and (i) in subsection (a)(6), in the matter pre- ‘‘(IV) accountable care organizations. this subparagraph, the term ‘eMeasure’ means a measure for which measurement ceding subparagraph (A), by inserting ‘‘and ‘‘(vi) Measurement of— data (including clinical data) will be col- the Medicaid and CHIP Payment and Access ‘‘(I) disparities; lected electronically, including through the Commission’’ after ‘‘Congress’’; and ‘‘(II) care coordination; and use of electronic health records and other (ii) in subsection (i), by striking ‘‘sub- ‘‘(III) shared decisionmaking. electronic data sources. section (e)’’ and inserting ‘‘subsections (e) ‘‘(C) PHYSIOLOGIC DEFINED.—For purposes ‘‘(D) ENDORSEMENT.—Any modifications of, and (j)’’. of this paragraph, the term ‘physiologic’ or additions or deletions to, the MIC quality (B) Section 1139B(b)(4) of such Act (42 means characteristic of or conforming to the measures shall be submitted by the qualified U.S.C. 1320b–9b(b)(4)) is amended by inserting normal functioning or state of the body or a measure development entity to the con- ‘‘and the Medicaid and CHIP Payment and tissue or organ, normal, and not pathologic. sensus-based entity with a contract under Access Commission’’ after ‘‘Congress’’. ‘‘(D) CONSTRUCTION.—Nothing in this para- section 1890(a)(1) to be considered for en- (b) QUALITY COLLABORATIVES.— graph shall be construed as supporting the dorsement under section 1890(b)(2). (1) GRANTS.—The Secretary of Health and restriction of coverage, under title XIX or ‘‘(5) MATERNITY CONSUMER ASSESSMENT OF Human Services (in this subsection referred XXI or otherwise, to only those services that HEALTH CARE PROVIDERS AND SYSTEMS SUR- to as the ‘‘Secretary’’) may make grants to are evidence-based, or in any way limiting VEYS.— eligible entities to support— available services. ‘‘(A) ADAPTION OF SURVEYS.—Not later than (A) the development of new State and re- ‘‘(4) ONGOING REVIEW OF THE MIC MEASURES; January 1, 2018, for the purpose of measuring gional maternity care quality collaboratives; eMEASURES.— the care experiences of childbearing women (B) expanded activities of existing mater- ‘‘(A) CONTRACTS WITH QUALIFIED ENTITIES.— and newborns, the Agency for Healthcare Re- nity care quality collaboratives; and Not later than June 30, 2017, the Secretary, search and Quality shall adapt the Consumer (C) maternity care initiatives within es- acting through the Agency for Healthcare Assessment of Healthcare Providers and Sys- tablished State and regional quality Research and Quality, in consultation with tems program surveys of— collaboratives that are not focused exclu- the Centers for Medicare & Medicaid Serv- ‘‘(i) providers; sively on maternity care. ices, shall enter into grants, contracts, or ‘‘(ii) facilities; and (2) ELIGIBLE ENTITY.—The following enti- intergovernmental agreements with quali- ‘‘(iii) health plans. ties shall be eligible for a grant under para- fied measure development entities for the ‘‘(B) SURVEYS MUST BE EFFECTIVE.—The graph (1): purpose of identifying quality of care issues Agency for Healthcare Research and Quality (A) Quality collaboratives that focus en- that are not adequately addressed by the shall ensure that the surveys adapted under tirely, or in part, on maternity care initia- MIC quality measures and developing, test- subparagraph (A) are effective in measuring tives, to the extent that such collaboratives ing, and validating modifications of, or addi- aspects of care that childbearing women and use such grant only for such initiatives. tions or deletions to, the MIC quality meas- newborns experience, which may include— (B) Entities seeking to establish a mater- ures, and creating eMeasures for data collec- ‘‘(i) various types of care settings; nity care quality collaborative. tion related to the MIC quality measures. ‘‘(ii) various types of caregivers; (C) State Medicaid agencies. ‘‘(B) QUALIFIED MEASURE DEVELOPMENT EN- ‘‘(iii) considerations relating to pain; (D) State departments of health. TITY DEFINED.—For purposes of this para- ‘‘(iv) shared decisionmaking; (E) Health insurance issuers (as such term graph, the term ‘qualified measure develop- ‘‘(v) supportive care around the time of is defined in section 2791 of the Public Health ment entity’ means an entity that— birth; and Service Act (42 U.S.C. 300gg–91)).

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1593 (F) Provider organizations, including asso- (C) identify and document evidence-based (A) regional and State public health agen- ciations representing— strategies that will be used to improve per- cies and organizations; (i) health professionals; and formance on quality measures and other (B) public and private health insurers; and (ii) hospitals. metrics; and (C) regional and State organizations rep- (3) ELIGIBLE PROJECTS AND PROGRAMS.—In (D) exclude from quality measure collec- resenting physicians, midwives, and nurses order for a project or program of an eligible tion and reporting physicians and midwives who provide maternity services. entity to be eligible for funding under para- who attend fewer than 30 births per year. (13) AUTHORIZATION OF APPROPRIATIONS.— graph (1), the project or program must have (7) REPORTING ON QUALITY MEASURES.—Any There are authorized to be appropriated goals that are designed to improve the qual- reporting requirements established by a $15,000,000 to carry out this subsection. ity of maternity care delivered, such as— project or program funded under paragraph Funds appropriated under this paragraph (A) improving the appropriate use of cesar- (1) shall be designed to— shall remain available until expended. ean section; (A) minimize costs and administrative ef- (B) reducing maternal and newborn mor- fort; and SA 2842. Ms. WARREN submitted an bidity rates; (B) use existing data resources when fea- amendment intended to be proposed by (C) improving breast-feeding rates; sible. her to the bill S. 1086, to reauthorize (D) reducing hospital readmission rates; (8) CLEARINGHOUSE.—The Secretary shall (E) identifying improvement priorities and improve the Child Care and Devel- establish an online, open-access clearing- opment Block Grant Act of 1990, and through shared peer review and third-party house to make protocols, procedures, re- reviews of qualitative and quantitative data, ports, tools, and other resources of indi- for other purposes; which was ordered and developing and carrying out projects or vidual collaboratives available to to lie on the table; as follows: programs to address such priorities; or collaboratives and other entities that are On page 111, strike line 17 and insert the (F) delivering risk-appropriate levels of working to improve maternity care quality. following: care. (9) EVALUATION.—A quality collaborative early neurological development of children; (4) ACTIVITIES.—Activities that may be (or other entity receiving a grant under and supported by the funding under paragraph (1) paragraph (1)) shall— ‘‘(L) connecting child care staff members include the following: (A) develop and carry out plans for evalu- of child care providers with available Fed- (A) Facilitating performance data collec- ating its maternity care quality improve- eral and State financial aid, or other re- tion and feedback reports to providers with ment programs and projects; and sources, that would assist child care staff respect to their performance, relative to (B) publish its experiences and results in members in pursuing relevant postsecondary peers and benchmarks, if any. articles, technical reports, or other formats training. (B) Developing, implementing, and evalu- for the benefit of others working on mater- ating protocols and checklists to foster safe, nity care quality improvement activities. SA 2843. Mr. BENNET (for himself, evidence-based practice. (10) ANNUAL REPORTS TO SECRETARY.—A Mr. BEGICH, Mr. SCHATZ, and Mr. (C) Developing, implementing, and evalu- quality collaborative or other eligible entity ating programs that translate into practice UDALL of Colorado) submitted an that receives a grant under paragraph (1) amendment intended to be proposed by clinical recommendations supported by high- shall submit an annual report to the Sec- quality evidence in national guidelines, sys- him to the bill S. 1086, to reauthorize retary containing the following: tematic reviews, or other well-conducted (A) A description of the activities carried and improve the Child Care and Devel- clinical studies. out using the funding from such grant. opment Block Grant Act of 1990, and (D) Developing underlying infrastructure (B) A description of any barriers that lim- for other purposes; which was ordered needed to support quality collaborative ac- ited the ability of the collaborative or entity to lie on the table; as follows: tivities under this paragraph. to achieve its goals. (E) Providing technical assistance to pro- At the end of the bill, add the following: (C) The achievements of the collaborative viders and institutions to build quality im- SEC. 13. NATIVE AMERICAN INDIAN EDUCATION or entity under the grant with respect to the provement capacity and facilitate participa- ACT. quality, health outcomes, and value of mation in collaborative activities. (a) SHORT TITLE.—This section may be (F) Developing the capability to access the ternity care. cited as the ‘‘Native American Indian Edu- following data sources: (D) A list of lessons learned from the cation Act’’. (i) A mother’s prenatal, intrapartum, and grant. (b) FINDINGS AND PURPOSE.— postpartum records. Such reports shall be made available to the (1) FINDINGS.—Congress finds the following: (ii) A mother’s medical records. public. (A) Nontribal colleges that serve Native (iii) An infant’s medical records since (11) GOVERNANCE.— American Indian students have a valuable birth. (A) IN GENERAL.—A maternity care quality supplemental role to that provided by trib- (iv) Birth and death certificates. collaborative or a maternity care program ally controlled community colleges in mak- (v) Any other relevant State-level gen- within a broader quality collaborative that ing available educational opportunities to erated data (such as data from the pregnancy is supported under paragraph (1) shall be Native American Indian students. risk assessment management system governed by a multi-stakeholder executive (B) Some 4-year colleges serve Native (PRAMS)). committee. American Indian students by providing tui- (G) Developing access to blinded liability (B) COMPOSITION.—Such executive com- tion-free education, with the support of the claims data, analyzing the data, and using mittee shall include individuals who rep- State in which the institutions are located, the results of such analysis to improve prac- resent— as mandated by Federal statute, to hundreds tice. (i) physicians, including physicians in the of Native American Indian students in ful- (5) SPECIAL RULE FOR BIRTHS.— fields of general obstetrics, maternal-fetal fillment of a condition under which the (A) IN GENERAL.—Subject to subparagraph medicine, family medicine, neonatology, and United States provided land and facilities for (B), if a grant under paragraph (1) is for a pediatrics; colleges to a State or college. project or program that focuses on births, at (ii) nurse-practitioners and nurses; (C) The value of the Native American In- least 25 percent of the births addressed by (iii) certified nurse-midwives and certified dian student tuition waiver benefits contrib- such project or program must occur in midwives; uted by these colleges and the States that health facilities that perform fewer than (iv) health facilities and health systems; support them today far exceeds the value of 1,000 births per year. (v) consumers; the original grant of land and facilities. (B) EXCEPTION.—In the case of a grant (vi) employers and other private pur- (D) The ongoing financial burden of meet- under paragraph (1) for a project or program chasers; ing this Federal mandate to provide tuition- located in a State in which less than 25 per- (vii) Medicaid programs; and free education to Native American Indian cent of the health facilities in the State per- (viii) other public health agencies and or- students is no longer equitably shared form less than 1,000 births per year, the per- ganizations, as appropriate. among the States and colleges because it centage of births in such facilities addressed Such committee also may include other indi- does not distinguish between Native Amer- by such project or program shall be commen- viduals, such as individuals with expertise in ican Indian students who are residents of the surate with the Statewide percentage of health quality measurement and other types State or of another State. births performed at such facilities. of expertise as recommended by the Sec- (E) In fiscal year 2012, the State of Colo- (6) USE OF QUALITY MEASURES.—Projects retary. Such committee also may be com- rado paid approximately $13,000,000 in tuition and programs for which such a grant is made posed of a combination of general collabo- fees to support the education of Native shall— rative executive committee members and American Indian students at Fort Lewis Col- (A) include data collection with rapid anal- maternity specific project executive com- lege in Colorado. In the State of Minnesota, ysis and feedback to participants with a mittee members. the University of Minnesota waived $2,600,000 focus on improving practice and health out- (12) CONSULTATION.—A quality collabo- in tuition for Native American Indian stu- comes; rative or other eligible entity that receives a dents in fiscal year 2012. (B) develop a plan to identify and resolve grant under paragraph (1) shall engage in (F) Native American Indian student tui- data collection problems; regular ongoing consultation with— tion waiver benefits are now at risk of being

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terminated by severe budget constraints State to provide tuition-free education to COMMITTEE ON THE JUDICIARY being experienced by these colleges and the Native American Indian students in fulfill- Ms. MIKULSKI. Mr. President, I ask States which support them. ment of a condition under which the college unanimous consent that the Com- (2) PURPOSE.—It is the purpose of this sec- or State received its original grant of land mittee on the Judiciary be authorized tion to ensure that Federal funding is pro- and facilities from the United States.’’. to meet during the session of the Sen- vided in order to relieve constrained State (d) OFFSET.— education budgets and to support and sus- (1) IN GENERAL.—Notwithstanding any ate on March 12, 2014, at 9:30 a.m., in tain the longstanding Federal mandate re- other provision of law, $15,000,000 in appro- room SD–226 of the Dirksen Senate Of- quiring colleges and States to waive, in cer- priated discretionary funds are hereby re- fice Building, to conduct a hearing en- tain circumstances, tuition charges for Na- scinded, on a pro rata basis, by account, titled ‘‘Nominations.’’ tive American Indian students admitted to from all available unobligated funds. The PRESIDING OFFICER. Without an undergraduate college program, including (2) IMPLEMENTATION.—The Director of the objection, it is so ordered. the waiver of tuition charges for Native Office of Management and Budget shall de- COMMITTEE ON RULES AND ADMINISTRATION American Indian students who are not resi- termine and identify from which appropria- Ms. MIKULSKI. Mr. President, I ask dents of the State in which the college is lo- tion accounts the rescission under paragraph cated. (1) shall apply and the amount of such rescis- unanimous consent that the Com- (c) STATE RELIEF FROM FEDERAL MAN- sion that shall apply to each such account. mittee on on Rules and Administration DATE.—Part A of title III of the Higher Edu- Not later than 60 days after the date of en- be authorized to meet during the ses- cation Act of 1965 (20 U.S.C. 1057 et seq.) is actment of this Act, the Director of the Of- sion of the Senate on March 12, 2014, at amended by inserting after section 319 the fice of Management and Budget shall submit 9:45 a.m., to conduct a hearing entitled following: a report to the Secretary of the Treasury and ‘‘Election Administration: Innovation, ‘‘SEC. 319A. STATE RELIEF FROM FEDERAL HIGH- Congress of the accounts and amounts deter- Administrative Improvements and Cost ER EDUCATION MANDATE. mined and identified for rescission under the ‘‘(a) AMOUNT OF PAYMENT.— Savings.’’ preceding sentence. The PRESIDING OFFICER. Without ‘‘(1) IN GENERAL.—Subject to paragraphs (2) (3) EXCEPTION.—This subsection shall not and (3), for fiscal year 2014 and each suc- apply to the unobligated funds of the Depart- objection, it is so ordered. ceeding fiscal year, the Secretary shall pay ment of Defense, the Department of Veterans COMMITTEE ON VETERANS’ AFFAIRS to any eligible college an amount equal to Affairs, or the Department of Education, or Ms. MIKULSKI. Mr. President, I ask the charges for tuition for such year for all any unobligated funds available to the De- unanimous consent that the Com- Native American Indian students who— partment of the Interior for the postsec- mittee on Veterans’ Affairs be author- ‘‘(A) are not residents of the State in ondary education of Native American Indian ized to meet during the session of the which the college is located; and students. ‘‘(B) are enrolled in the college for the aca- Senate on March 12, 2014, at 10 a.m. in demic year ending before the beginning of f room SD–G50 of the Dirksen Senate Of- such fiscal year. fice Building. ‘‘(2) ELIGIBLE COLLEGES.—For purposes of AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without this section, an eligible college is any insti- MEET objection, it is so ordered. tution of higher education serving Native COMMITTEE ON ARMED SERVICES COMMITTEE ON VETERANS’ AFFAIRS American Indian students that provides tui- Ms. MIKULSKI. Mr. President, I ask Ms. MIKULSKI. Mr. President, I ask tion-free education as mandated by Federal unanimous consent that the Com- statute, with the support of the State in unanimous consent that the Com- which it is located, to Native American In- mittee on Armed Services be author- mittee on Veterans’ Affairs be author- dian students in fulfillment of a condition ized to meet during the session of the ized to meet during the session of the under which the college or State received its Senate on March 12, 2014, at 9 a.m. Senate on March 12, 2014, at 2 p.m. in original grant of land and facilities from the The PRESIDING OFFICER. Without room SR–418 of the Russell Senate Of- United States. objection, it is so ordered. fice Building. ‘‘(3) LIMITATION.—The amount paid to any The PRESIDING OFFICER. Without eligible college for each fiscal year under COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. paragraph (1) may not exceed the amount Ms. MIKULSKI. Mr. President, I ask SUBCOMMITTEE ON ECONOMIC POLICY equal to the charges for tuition for all Na- unanimous consent that the Com- Ms. MIKULSKI. Mr. President, I ask tive American Indian students of that col- mittee on Foreign Relations be author- lege who were not residents of the State in unanimous consent that the Com- ized to meet during the session of the mittee on Banking, Housing, and which the college is located and who were Senate on March 12, 2014, at 2:30 p.m. enrolled in the college for academic year Urban Affairs subcommittee on Eco- 2012–2013. The PRESIDING OFFICER. Without nomic Policy be authorized to meet ‘‘(b) TREATMENT OF PAYMENT.—Any objection, it is so ordered. during the session of the Senate on amounts received by an eligible college COMMITTEE ON HEALTH, EDUCATION, LABOR, March 12, 2014, at 2:30 p.m. to conduct under this section shall be treated as a reim- AND PENSIONS bursement from the State in which the col- a hearing entitled ‘‘The State of U.S. Ms. MIKULSKI. Mr. President, I ask Retirement Security: Can the Middle lege is located, and shall be considered as unanimous consent that the Com- provided in fulfillment of any Federal man- Class Afford to Retire?’’ date upon the State to admit Native Amer- mittee on Health, Education, Labor, The PRESIDING OFFICER. Without ican Indian students free of charge of tui- and Pensions be authorized to meet, objection, it is so ordered. tion. during the session of the Senate on SUBCOMMITTEE ON HOUSING, TRANSPORTATION, ‘‘(c) RULE OF CONSTRUCTION.—Nothing in March 12, 2014, at 9 a.m. in room SD–430 AND COMMUNITY DEVELOPMENT this section shall be construed to relieve any of the Dirksen Senate Office Building, Ms. MIKULSKI. Mr. President, I ask State from any mandate the State may have to conduct a hearing entitled ‘‘From under Federal law to reimburse a college for unanimous consent that the Com- each academic year— Poverty to Opportunity: How a Fair mittee on Banking, Housing, and ‘‘(1) with respect to Native American In- Minimum Wage Will Help Working Urban Affairs Subcommittee on Hous- dian students enrolled in the college who are Families Succeed.’’ ing, Transportation, and Community not residents of the State in which the col- The PRESIDING OFFICER. Without Development be authorized to meet lege is located, any amount of charges for objection, it is so ordered. during the session of the Senate on tuition for such students for such academic COMMITTEE ON HOMELAND SECURITY AND Wednesday, March 12, 2014, at 10 a.m., year that exceeds the amount received under GOVERNMENTAL AFFAIRS to conduct a hearing entitled this section for such academic year; and ‘‘(2) with respect to Native American In- Ms. MIKULSKI. Mr. President, I ask ‘‘Superstorm Sandy Recovery: Ensur- dian students enrolled in the college who are unanimous consent that the Com- ing Strong Coordination Among Fed- residents of the State in which the college is mittee on Homeland Security and Gov- eral, State, and Local Stakeholders.’’ located, an amount equal to the charges for ernmental Affairs be authorized to The PRESIDING OFFICER. Without tuition for such students for such academic meet during the session of the Senate objection, it is so ordered. year. on March 12, 2014, at 9 a.m. to conduct SUBCOMMITTEE ON STRATEGIC FORCES ‘‘(d) DEFINITION OF NATIVE AMERICAN IN- a hearing entitled ‘‘Management Mat- Ms. MIKULSKI. Mr. President, I ask DIAN STUDENTS.—In this section, the term ‘Native American Indian students’ includes ters: Creating a 21st Century Govern- unanimous consent that the Sub- reference to the term ‘Indian pupils’ as that ment.’’ committee on Strategic Forces of the term has been utilized in Federal statutes The PRESIDING OFFICER. Without Committee on Armed Services be au- imposing a mandate upon any college or objection, it is so ordered. thorized to meet during the session of

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — SENATE S1595 the Senate on March 12, 2014, at 2:30 ‘‘(i) transfer to the Secretary, consistent with The Venezuelan Government is an p.m. section 411(c)— elected government and, as such, it The PRESIDING OFFICER. Without ‘‘(I) the La Luz tract generally depicted on should act like a democratic govern- objection, it is so ordered. the map entitled ‘Sandia Pueblo Settlement ment by immediately addressing the Technical Amendment Act’ and dated October f 18, 2013; and core concerns of its people through ‘‘(II) the conservation easement for the Piedra meaningful dialogue, halting the use of PRIVILEGES OF THE FLOOR Lisa tract generally depicted on the map enti- force, and providing a safe space for the Mr. BURR. Mr. President, I ask unan- tled ‘Sandia Pueblo Settlement Technical Venezuelan people to express their imous consent that Max Freedman, an Amendment Act’ and dated October 18, 2013; views peacefully. Without a genuine, and intern in Senator AYOTTE’s office, be transparent conversation to address ‘‘(ii) grant to the Secretary a right-of-way for the central concerns raised by the granted floor privileges for the dura- the Piedra Lisa Trail within the Piedra Lisa tion of today’s session. tract generally depicted on the map entitled protestors, Venezuela faces a bleak fu- The PRESIDING OFFICER. Without ‘Sandia Pueblo Settlement Technical Amend- ture. objection, it is so ordered. ment Act’ and dated October 18, 2013.’’. Contrary to comments by the Ven- ezuelan Government, this crisis is not Mr. CASEY. Mr. President, I ask f about the United States; it is about the unanimous consent that the com- Venezuelan people. But the crisis does EXTENSION OF MORNING mittee-reported substitute amendment have implications for peace and secu- BUSINESS be agreed to, the bill, as amended, be rity in the hemisphere and the broader read a third time and passed, and the Mr. CASEY. Mr. President, I ask international community. The United motion to reconsider be considered unanimous consent the period for States always has stood and always made and laid upon the table, with no morning business be extended until 8 will stand for basic freedoms, including intervening action or debate. p.m., with Senators permitted to speak freedom of speech, freedom of assem- for up to 10 minutes each. The PRESIDING OFFICER. Without objection, it is so ordered. bly, and freedom of the press. We will The PRESIDING OFFICER. Without not back down on protecting and pro- objection, it is so ordered. The committee amendment in the nature of a substitute was agreed to. moting these universal values, nor f The bill (S. 611), as amended, was or- should the international community. It is incumbent upon neighboring coun- T’UF SHUR BIEN PRESERVATION dered to be engrossed for a third read- tries and regional organizations to be TRUST AREA ACT ing, was read the third time, and passed. vocal during this critical point, to take Mr. CASEY. Mr. President, I ask a stand for universal human rights, and unanimous consent the Senate proceed f to expect the highest level of respect to the immediate consideration of Cal- SUPPORTING A VENEZUELAN for representative democracy from its endar No. 299, S. 611. DEMOCRACY hemispheric neighbor. The PRESIDING OFFICER. The Mr. CASEY. Mr. President, I ask Today, we see tension and unrest clerk will report. unanimous consent the Senate proceed around the world. Each situation is The legislative clerk read as follows: to the immediate consideration of Cal- unique; however, the desire for funda- A bill (S. 611) to make a technical amend- endar No. 323, S. Res. 365. mental human rights is universally ment to the T’uf Shur Bien Preservation The PRESIDING OFFICER. The recognized. I call on my colleagues and Trust Area Act, and for other purposes. clerk will report the resolution by nations around the world to stand up There being no objection, the Senate title. for these basic freedoms and support a proceeded to consider the bill which The legislative clerk read as follows: path toward a stable, peaceful, and had been reported from the Committee A resolution (S. Res. 365) deploring the vio- prosperous Venezuela. on Indian Affairs, with an amendment lent repression of peaceful demonstrators in Mr. CASEY. I ask unanimous consent to strike all after the enacting clause Venezuela, calling for full accountability for that the resolution be agreed to, the and insert in lieu thereof the following: human rights violations taking place in Ven- preamble be agreed to, and the motions S. 611 ezuela, and supporting the right of the Ven- to reconsider be considered made and ezuelan people to the free and peaceful exer- laid upon the table, with no inter- SECTION 1. SHORT TITLE. cise of representative democracy. This Act may be cited as the ‘‘Sandia Pueblo vening action or debate. Settlement Technical Amendment Act’’. There being no objection, the Senate The PRESIDING OFFICER. Without SEC. 2. SANDIA PUEBLO SETTLEMENT TECH- proceeded to consider the resolution. objection, it is so ordered. NICAL AMENDMENT. Mr. CARDIN. Mr. President, I would The resolution (S. Res. 365) was Section 413(b) of the T’uf Shur Bien Preserva- like to express my strong support for agreed to. tion Trust Area Act (16 U.S.C. 539m–11(b)) is S. Res. 365, a resolution I cosponsored The preamble was agreed to. amended— deploring the violent repression of (The resolution, with its preamble, is (1) in the first sentence of paragraph (4), by peaceful demonstrators in Venezuela, printed in today’s RECORD under ‘‘Sub- striking ‘‘conveyance’’ and inserting ‘‘title to be calling for full accountability for mitted Resolutions.’’) conveyed’’; and human rights violations taking place f (2) by adding at the end the following: ‘‘(6) FAILURE TO EXCHANGE.— in Venezuela, and supporting the right MEASURE READ THE FIRST ‘‘(A) IN GENERAL.—If the land exchange au- of the Venezuelan people to the free TIME—S. 2122 and peaceful exercise of representative thorized under paragraph (1) is not completed Mr. CASEY. Mr. President, I under- by the date that is 30 days after the date of en- democracy. actment of this paragraph, the Secretary, on re- Since February 4, 2014, the Ven- stand there is a bill at the desk and I quest of the Pueblo and the Secretary of the In- ezuelan people have taken to the ask for its first reading. The PRESIDING OFFICER. The terior, shall transfer the National Forest land streets on a daily basis to express frus- clerk will read the bill by title for the generally depicted as ‘Land to be Held in Trust’ tration with the country’s high infla- on the map entitled ‘Sandia Pueblo Settlement first time. Technical Amendment Act’ and dated October tion, corruption, food shortages, lack The legislative clerk read as follows: 18, 2013, to the Secretary of the Interior to be of press freedoms, lack of due process, A bill (S. 2122) to amend XVIII and XIX of held in trust by the United States for the Pueb- violent crime, and other grievances. the Social Security Act to repeal the Medi- lo— Addressing these legitimate concerns is care sustainable growth rate and to improve ‘‘(i) subject to the restriction enforced by the a basic function of a democratic gov- Medicare and Medicaid payments, and for Secretary of the Interior that the land remain ernment. Instead, we have seen a other purposes. undeveloped, with the natural characteristics of crackdown on protests through unlaw- Mr. CASEY. I ask for a second read- the land to be preserved in perpetuity; and ful use of force, a stifling of the media, ‘‘(ii) consistent with subsection (c). ing and in order to place the bill on the ‘‘(B) OTHER TRANSFERS.—After the transfer and the detention of opposition leaders. calendar under the provisions of rule under subparagraph (A) is complete, the Sec- Over 22 people have been killed, hun- XIV, I object to my own request. retary of the Interior, with the consent of the dreds injured, and over 1,000 people ar- The PRESIDING OFFICER. Objec- Pueblo, shall— rested during these protests. tion having been heard, the bill will be

VerDate Sep 11 2014 10:30 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD14\MAR 2014\S12MR4.REC S12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE S1596 CONGRESSIONAL RECORD — SENATE March 12, 2014 read for a second time on the next leg- some dreamland that I don’t under- riod of morning business until 10:30 islative day. stand. He says the solution to the prob- a.m., with Senators permitted to speak Mr. CASEY. Mr. President, I suggest lem of Republican obstructionism is to therein for up to 10 minutes each, and the absence of a quorum. make obstruction easier. the time be equally divided and con- The PRESIDING OFFICER. The We have on the Executive Calendar trolled between the two leaders or clerk will call the roll. 140 nominations. We have Ambas- their designees, with the Republicans The legislative clerk proceeded to sadors—there is an Executive Calendar controlling the first half and the ma- call the roll. here someplace. The pages have jority controlling the final half; and Mr. REID. Mr. President, I ask unan- stripped all the desks of the calendars, that following morning business, the imous consent that the order for the but they are always around. The Re- Senate resume consideration of S. 1086, quorum call be rescinded. public of Mauritania, the Republic of the child care and development block The PRESIDING OFFICER. Without Colombia—South America is a con- grant reauthorization bill. objection, it is so ordered. tinent that has been our friend for dec- The PRESIDING OFFICER. Without f ades—we have most all countries in Af- objection, it is so ordered. DIFFERING VIEWS rica waiting to have Ambassadors appointed: Zambia, Niger, Peru, Belize, f Mr. REID. I apologize to the Pre- Albania, Angola, Palau, Cameroon, Si- PROGRAM siding Officer and all the staff, but I erra Leone, Lesotho, Namibia, Tan- have been conducting for the last hour zania, Morocco, Netherlands, Norway, Mr. DURBIN. Rollcall votes are ex- and a half or more a meeting in the Hungary, Iceland, U.S. Human Rights pected throughout the day tomorrow in classified room dealing with Ukraine. I Council. an effort to complete action on the am sorry I couldn’t be here, but I just I am not going to take more of the child care and development block grant couldn’t because I had to conduct that staff’s time, but throughout this Exec- bill. We are also working on an agree- meeting. utive Calendar there are about 40 Am- ment on the flood insurance bill. Sen- Mr. President, the senior Senator bassadors—40 Ambassadors—who are ators will be notified when votes are from Iowa is my friend, but I am quite waiting to be confirmed and 35 or so scheduled. disappointed in my friend the senior judges. Do the math yourself. That is f Senator from Iowa. This afternoon he 75 or 80 very important jobs they have delivered another one of his ‘‘Alice in stopped. ADJOURNMENT UNTIL 9:30 A.M. Wonderland’’ speeches. He has deliv- So my friend from Iowa is living in a TOMORROW ered a few of these, but the one today dream world. I don’t know where it ex- especially is a view of reality that only ists, but it doesn’t exist here in the Mr. DURBIN. Mr. President, if there exists in fairy tales. Senate. And his solution is to give is no further business to come before He complains that I file too many them more time? Can you imagine the Senate, I ask unanimous consent cloture motions. His complaint is like that. This is an ‘‘Alice in Wonderland’’ that it adjourn under the previous that of an arsonist who complains speech from the Senator from Iowa, order. about having to hear the sirens of too and he should have better use of his There being no objection, the Senate, many fire engines. time than playing fairy tales in the at 7:43 p.m., adjourned until Thursday, The real reason I have had to file so Senate. March 13, 2014, at 9:30 a.m. many cloture motions is because Re- The obstruction led by Republican f publicans have engaged in a systematic Senators from all over this country is pattern of obstruction—and not last an embarrassment to our country. It is CONFIRMATIONS week, not last month, but this has been preventing the people of this country Executive nominations confirmed by going on for 5 years. We have come to from getting what they need. the Senate March 12, 2014: see this as something of the pinnacle, Now, I know people around the coun- the landmark, the zenith of obstruc- try are not too worried about an Am- DEPARTMENT OF THE TREASURY tionism led by my Republican col- bassador to some foreign country, but SARAH BLOOM RASKIN, OF MARYLAND, TO BE DEPUTY SECRETARY OF THE TREASURY. leagues. to our country it is important. Our for- I have now had to file cloture mo- eign policy is important. Being able to DEPARTMENT OF STATE tions during the time I have been the BRUCE HEYMAN, OF ILLINOIS, TO BE AMBASSADOR EX- get work done here legislatively is im- TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED majority leader more than 500 times. portant, and we have been stymied STATES OF AMERICA TO CANADA. Lyndon Johnson, who had the job for 6 every step of the way. THE JUDICIARY years—I have had it a little longer I am sorry to say my friend has CAROLYN B. MCHUGH, OF UTAH, TO BE UNITED STATES than that—only had to face one fili- stepped over the line with his speech CIRCUIT JUDGE FOR THE TENTH CIRCUIT. buster. I have had to deal with 500. MATTHEW FREDERICK LEITMAN, OF MICHIGAN, TO BE here today about what a terrible thing UNITED STATES DISTRICT JUDGE FOR THE EASTERN I don’t file cloture, as the Senator has happened here, that we have filed DISTRICT OF MICHIGAN. from Iowa would like folks to think, in JUDITH ELLEN LEVY, OF MICHIGAN, TO BE UNITED cloture 500 times. The record speaks for STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT this fairy tale world he believes in, I itself. OF MICHIGAN. guess, because I enjoy it. It is not LAURIE J. MICHELSON, OF MICHIGAN, TO BE UNITED f STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT something I enjoy. It takes a lot of my OF MICHIGAN. time, the staff’s time, the Senate’s ORDERS FOR THURSDAY, MARCH LINDA VIVIENNE PARKER, OF MICHIGAN, TO BE UNITED 13, 2014 STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT time, and the country’s time. I don’t OF MICHIGAN. like to do it. I file these motions be- Mr. DURBIN. Mr. President, I ask DEPARTMENT OF EDUCATION unanimous consent that when the Sen- cause Republicans have made it clear JAMES H. SHELTON III, OF THE DISTRICT OF COLUM- that we can’t get a vote on anything ate completes its business today, it ad- BIA, TO BE DEPUTY SECRETARY OF EDUCATION. without going to cloture, and that is journ until 9:30 a.m., Thursday, March NATIONAL SCIENCE FOUNDATION basically true. 13, 2014; that following the prayer and FRANCE A. CORDOVA, OF NEW MEXICO, TO BE DIREC- What is the solution of the Senator pledge, the morning hour be deemed TOR OF THE NATIONAL SCIENCE FOUNDATION FOR A from Iowa to the problem? Listen to expired, the Journal of proceedings be TERM OF SIX YEARS. this. Now, this really is ‘‘Alice in Won- approved to date, and the time for the OCCUPATIONAL SAFETY AND HEALTH REVIEW derland.’’ He proposes it should take two leaders be reserved for their use COMMISSION longer to file. He proposes it should later in the day; that following any HEATHER L. MACDOUGALL, OF FLORIDA, TO BE A MEM- BER OF THE OCCUPATIONAL SAFETY AND HEALTH RE- take longer to file cloture. Now, that is leader remarks, the Senate be in a pe- VIEW COMMISSION FOR A TERM EXPIRING APRIL 27, 2017.

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KATIA MERAZ PERSONAL EXPLANATION develop a work ethic which will guide them for the rest of their lives. HON. ED PERLMUTTER HON. JARED HUFFMAN I extend my deepest congratulations to OF CALIFORNIA Karla Lopez for winning the Arvada Wheat OF COLORADO Ridge Service Ambassadors for Youth award. IN THE HOUSE OF REPRESENTATIVES I have no doubt she will exhibit the same dedi- IN THE HOUSE OF REPRESENTATIVES Wednesday, March 12, 2014 cation and character in all of her future ac- Wednesday, March 12, 2014 Mr. HUFFMAN. Mr. Speaker, on March 11, complishments. Mr. PERLMUTTER. Mr. Speaker, I rise 2014, I was absent for rollcall vote 116. Had f I been present for rollcall vote 116, on pas- today to recognize and applaud Katia Meraz PERSONAL EXPLANATION for receiving the Arvada Wheat Ridge Service sage of H.R. 3979, I would have voted ‘‘yes.’’ Ambassadors for Youth award. Katia Meraz is f a 10th grader at Jefferson High School and re- HON. CAROLYN McCARTHY HONORING PAST AND CURRENT OF NEW YORK ceived this award because her determination AFRICAN AMERICAN UNITED IN THE HOUSE OF REPRESENTATIVES and hard work have allowed her to overcome STATES SENATORS adversities. Wednesday, March 12, 2014 The dedication demonstrated by Katia HON. ALCEE L. HASTINGS Mrs. MCCARTHY of New York. Mr. Speak- Meraz is exemplary of the type of achieve- OF FLORIDA er, I was unavoidably absent during the week ment that can be attained with hard work and IN THE HOUSE OF REPRESENTATIVES of February 24, 2014. If I were present, I perseverance. It is essential students at all would have voted on the following: levels strive to make the most of their edu- Wednesday, March 12, 2014 Rollcall No. 63, H.R. 1211, ‘‘yea’’; rollcall cation and develop a work ethic which will Mr. HASTINGS of Florida. Mr. Speaker, I No. 64, H.R. 1123,‘‘yea’’; rollcall No. 65, Mo- guide them for the rest of their lives. rise today to honor our past and current Afri- tion on Ordering the Previous Question on the I extend my deepest congratulations to can American Senators. Rule, ‘‘nay’’; rollcall No. 66, H. Res. 487, ‘‘no’’; Katia Meraz for winning the Arvada Wheat Following the ratification of the Fifteenth rollcall No. 67, H.R. 1944, ‘‘yea’’; rollcall No. Ridge Service Ambassadors for Youth award. Amendment, and beginning with the Recon- 68, Democratic Motion to Recommit H.R. I have no doubt she will exhibit the same dedi- struction Era of our great nation, nine African 3865, ‘‘yea’’; rollcall No. 69, Final Passage of cation and character in all of her future ac- Americans have served in the upper chamber H.R. 3865, ‘‘no’’; rollcall No. 70, Agreeing to complishments. of the United States Congress. Yet, the 113th the Polis of Colorado Amendment to the Title, Congress marked the first time in our nation’s ‘‘aye’’; rollcall No. 71, Rothfus/Barr Amend- f history that two African Americans served con- ment, ‘‘no’’; rollcall No. 72, Connolly Amend- currently in the Senate. ment, ‘‘aye’’, rollcall No. 73, Jackson-Lee HONORING ANTHONY In celebration of Black History Month, U.S. Amendment, ‘‘aye’’; rollcall No. 74, Jackson- DEFFENBAUGH Senator TIM SCOTT of South Carolina brought Lee/Johnson Amendment, ‘‘aye’’; rollcall No. together a panel of past and present African 75, George Miller/Courtney Amendment No. American Senators. The Honorable James H. 10, ‘‘aye’’; rollcall No. 76, George Miller/Court- HON. SAM GRAVES Billington, Ambassador Carol Moseley Braun, ney Amendment No. 11, ‘‘aye.’’ OF MISSOURI the Honorable Roland Burris, the Honorable Rollcall No. 77, Democratic Motion to Re- IN THE HOUSE OF REPRESENTATIVES William ‘‘Mo’’ Cowan, as well as newly elected commit H.R. 2804, ‘‘aye’’; rollcall No. 78, Final Senator COREY BOOKER discussed their indi- Passage of H.R. 2804, ‘‘no’’; rollcall No. 79, Wednesday, March 12, 2014 vidual paths to Congress. In their deliveries, it Motion on Ordering the Previous Question on the Rule, ‘‘nay’’; rollcall No. 80, H. Res. 492, Mr. GRAVES of Missouri. Mr. Speaker, I was clear that we have come a long way. ‘‘no’’; rollcall No. 81, Rigell Amendment, ‘‘no’’; proudly pause to recognize Anthony Each of their unique stories represents the rollcall No. 82, DeSantiis Amendment, ‘‘no’’; Deffenbaugh. Anthony is a very special young progress that this country has made. rollcall No. 83, Moore Amendment, ‘‘aye’’; roll- man who has exemplified the finest qualities Mr. Speaker, I want to commend Senator call No. 84, Motion to Recommit H.R. 3193, of citizenship and leadership by taking an ac- SCOTT for hosting such an important event. It ‘‘aye’’; rollcall No. 85, Final Passage of H.R. tive part in the Boy Scouts of America, Troop was truly an honor to be in attendance. 3193, ‘‘no’’; rollcall No. 86, Cummings Amend- 865, and earning the most prestigious award f ment, ‘‘aye’’; rollcall No. 87, Connolly Amend- of Eagle Scout. KARLA LOPEZ ment, ‘‘aye’’; rollcall No. 88, Jackson-Lee Anthony has been very active with his troop, Amendment, ‘‘aye’’; rollcall No. 89, Democratic participating in many scout activities. Over the HON. ED PERLMUTTER Motion to Recommit H.R. 899, ‘‘aye’’; rollcall many years Anthony has been involved with OF COLORADO No. 90, Final Passage of H.R. 899, ‘‘no.’’ scouting, he has not only earned numerous IN THE HOUSE OF REPRESENTATIVES f merit badges, but also the respect of his family, peers, and community. Most notably, An- Wednesday, March 12, 2014 HONORING JACK KNIPP thony has earned the rank of Tom-Tom Beater Mr. PERLMUTTER. Mr. Speaker, I rise in the Tribe of Mic-O–Say. Anthony has also today to recognize and applaud Karla Lopez HON. SAM GRAVES contributed to his community through his for receiving the Arvada Wheat Ridge Service OF MISSOURI Eagle Scout project. Anthony redesigned the Ambassadors for Youth award. Karla Lopez is IN THE HOUSE OF REPRESENTATIVES trailer for the Blue Springs High School march- an 8th grader at Wheat Ridge 5–8 and re- ing band, including the welding, fabricating ceived this award because her determination Wednesday, March 12, 2014 and assembly of the parts needed to properly and hard work have allowed her to overcome Mr. GRAVES of Missouri. Mr. Speaker, I protect the instruments during transportation. adversities. proudly pause to recognize Jack Knipp. Jack Mr. Speaker, I proudly ask you to join me in The dedication demonstrated by Karla is a very special young man who has exempli- commending Anthony Deffenbaugh for his ac- Lopez is exemplary of the type of achievement fied the finest qualities of citizenship and lead- complishments with the Boy Scouts of Amer- that can be attained with hard work and perse- ership by taking an active part in the Boy ica and for his efforts put forth in achieving the verance. It is essential students at all levels Scouts of America, Troop 865, and earning highest distinction of Eagle Scout. strive to make the most of their education and the most prestigious award of Eagle Scout.

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

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K12MR8.013 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS E358 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2014 Jack has been very active with his troop, paper to the environmental law field. The Although Jamie’s passing was a tremen- participating in many scout activities. Over the award is given in memory of Jamie Grodsky, dous loss to us all, I am pleased that that her many years Jack has been involved with a law professor at George Washington Univer- legacy is continuing to inspire the next genera- scouting, he has not only earned numerous sity, who passed away on May 22, 2010. tion of attorneys through the annual award of merit badges, but also the respect of his fam- There is no doubt in my mind that legal the Jamie Grodsky Prize. ily, peers, and community. Most notably, Jack scholarship in the field of environmental law f has earned the rank of Firebuilder in the Tribe plays a critical role in developing innovative of Mic-O–Say. Jack has also contributed to his ideas and thoughts to help preserve our citi- JOHNNIE DINA community through his Eagle Scout project. zens’ quality of life, health, and safety. As a Jack led fellow members of his swim team in result, the annual award of the Jamie Grodsky HON. ED PERLMUTTER putting together a class for basic swim les- Prize serves as not only a fitting tribute to Pro- OF COLORADO sons, providing a valuable life lesson to the fessor Grodsky, but helps preserve and pro- IN THE HOUSE OF REPRESENTATIVES children he taught. tect our environment and our planet. Wednesday, March 12, 2014 Mr. Speaker, I proudly ask you to join me in The Grodsky Prize is funded through the generosity of her family and friends, and is Mr. PERLMUTTER. Mr. Speaker, I rise commending Jack Knipp for his accomplish- today to recognize and applaud Johnnie Dina ments with the Boy Scouts of America and for awarded annually to a George Washington law student who contributes an original paper for receiving the Arvada Wheat Ridge Service his efforts put forth in achieving the highest Ambassadors for Youth award. Johnnie Dina distinction of Eagle Scout. to the environmental law field, as judged by a panel of experts. Tomorrow will mark the is an 11th grader at Standley Lake High f fourth time this award has been given. This School and received this award because her determination and hard work have allowed her RESPONSIBLY AND PROFES- year’s recipient is Molly Masterton, who wrote on ‘‘Promoting Marine and Hydrokinetic En- to overcome adversities. SIONALLY INVIGORATING DE- The dedication demonstrated by Johnnie ergy and Managing Environmental Risk: To- VELOPMENT ACT OF 2013 Dina is exemplary of the type of achievement ward an Adaptive Management Strategy.’’ that can be attained with hard work and perse- SPEECH OF Past Grodsky Award recipients include: In 2011, Renee Martin-Nagle for her paper verance. It is essential students at all levels HON. CHRIS VAN HOLLEN titled ‘‘Fossil Aquifers: A Common Heritage of strive to make the most of their education and OF MARYLAND Mankind.’’ develop a work ethic which will guide them for IN THE HOUSE OF REPRESENTATIVES In 2012, Lieutenant Commander Jonathan the rest of their lives. I extend my deepest congratulations to Thursday, March 6, 2014 Dowling’s paper titled ‘‘Improving Energy Se- curity with the Great Green Fleet: The Case Johnnie Dina for winning the Arvada Wheat The House in Committee of the Whole for Transitioning from Ethanol to Drop-In Re- Ridge Service Ambassadors for Youth award. House on the state of the Union had under newable Fuels.’’ I have no doubt she will exhibit the same dedi- consideration the bill (H.R. 2641) to provide In 2013, Joel Meister, for his paper titled cation and character in all of her future ac- for improved coordination of agency actions complishments. in the preparation and adoption of environ- ‘‘Sunny Dispositions: Modernizing Investment mental documents for permitting determina- Tax Credit Recapture Rules for Solar Energy f tions, and for other purposes: Project Finance After the Stimulus.’’ ELECTRICITY SECURITY AND We look forward to the award of many more Mr. VAN HOLLEN. Mr. Chair, I rise in oppo- AFFORDABILITY ACT sition to H.R. 2641, which would limit public Grodsky prizes to deserving George Wash- input in the federal decision-making process ington University students. SPEECH OF The fourth anniversary of the award is also and short-circuit responsible review of tax- an opportunity to recognize the life of Pro- HON. JOHN D. DINGELL payer-funded projects. fessor Grodsky, a preeminent member of the OF MICHIGAN This legislation would create a new, con- Nation’s environmental bar, whose legal im- IN THE HOUSE OF REPRESENTATIVES voluted review process for certain projects, print continues to this day. Although time and Thursday, March 6, 2014 setting rigid, arbitrary deadlines for even the space limitations do not permit me to itemize most complex and hazardous plans and The House in Committee of the Whole all of Jamie’s contributions and unique talents deeming them approved if the deadlines are House on the state of the Union had under and gifts, I would like to note a few highlights consideration the bill (H.R. 3826) to provide not met. It allows for clear conflict of interest (many of Jamie’s contributions were ref- direction to the Administrator of the Envi- by giving project sponsors the authority to do erenced in the CONGRESSIONAL RECORD by ronmental Protection Agency regarding the their own environmental review. Finally, it con- Rep. MILLER on September 15, 2010): establishment of standards for emissions of fuses the process and risks litigation by blur- Prof. Grodsky left an indelible mark on all any greenhouse gas from fossil fuel-fired ring lines between state and federal law, and three branches of government, countless law electric utility generating units, and for other purposes: agency and private sector authority. students at the University of Minnesota and Complicating our public input process will George Washington University, and the envi- Mr. DINGELL. Mr. Chair, I agree with my not jumpstart construction projects. The only ronmental and legal community as a whole. dear friend Chairman WHITFIELD that we must way to do that is by replenishing the Highway Jamie served the Congress initially as an provide clarity on EPA’s authority to regulate Trust Fund to repair our crumbling roads and analyst with the then Official of Technology greenhouse gases. However, as we have bridges, and investing in the backlog of al- Assessment, and later as counsel to the Nat- seen all too often in the 113th Congress, the ready-approved water resources projects that ural Resources Committee in the House, and legislation before us does nothing to address are on hold due to lack of funds. I urge my the Judiciary Committee in the Senate. the underlying problem. Instead, this bill sim- colleagues to support infrastructure investment She served as Senior Advisor to the Gen- ply blocks the EPA from taking action without and vote no on this bill. eral Counsel of the Environmental Protection providing any alternative solution. f Agency during the Clinton Administration. My first problem with this legislation is that She served as clerk to the Chief Judge of it creates a peculiar and entirely new process IN RECOGNITION OF THE JAMIE Ninth Circuit, the Hon. Proctor Hug, who re- for regulations under the Clean Air Act. This GRODSKY PRIZE FOR ENVIRON- ferred to Jamie as ‘‘the most multi-talented bill would take a long-established and reason- MENTAL LAW SCHOLARSHIP person I have ever met.’’ ably well understood and turn it upside down Jamie was dedicated to environmental to the great detriment of all of those in indus- HON. JOHN CONYERS, JR. causes, acting as Educational Director of the try who are seeking certainty. This bill would OF MICHIGAN San Francisco Oceanic Society and she con- then eliminate the delegation of rulemaking IN THE HOUSE OF REPRESENTATIVES ducted marine research at Woods Hole authority to EPA and set up Congress as a Oceanographic Institute in Massachusetts. regulatory agency. Traditionally, Congress has Wednesday, March 12, 2014 After leaving government service, Jamie given EPA the authority to develop regulations Mr. CONYERS. Mr. Speaker, I rise to com- dedicated herself to passing along her passion to address particular issues. I’m concerned memorate the fourth anniversary of the Jamie for the environment through her work in aca- that we may be setting a troubling precedent Grodsky Prize for Environmental Scholarship. demia, eventually becoming a tenured Pro- that allows regulations to be set without exten- It is awarded annually to a George Wash- fessor of Environmental Law at George Wash- sive public comments or technical data and ington law student who contributes an original ington University. input from industry and stakeholders.

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K12MR8.002 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS March 12, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E359 Second, as I have seen time and time again recognizes outstanding individuals who exhibit The World War II and Korean War veteran this Congress, H.R. 3826 attempts to address great concern, involvement, and leadership in loved his adopted hometown of Macon and he an issue without dealing with the underlying the town of Salem in New Hampshire’s south- served his community in many capacities. He law or providing an alternative solution. This ern tier. was president of the Greater Macon Chamber bill does not amend the Clean Air Act to ad- The award is named in honor of John P. of Commerce in 1971, president of the Macon dress the regulation of greenhouse gases but Ganley, who served the Salem community as Bar Association in 1973 and he served on the rather abolishes over 40 years of precedent by police chief before his death in 1989. Ms. Lally board of the Macon-Bibb County Urban Devel- establishing an entirely new regulatory proc- honors Chief Ganley’s memory each day opment Authority, among the numerous other ess. If Congress truly wants to legislate on this through her tireless efforts to strengthen the civic organizations he belonged to during his issue and pass legislation that can be signed community, both through her work at the bank life. by the President, let’s put forward a com- and on the many local boards on which she George Washington Carver once said, ‘‘No prehensive, bipartisan solution with both in- serves. individual has any right to come into the world dustry and other stakeholder support. I don’t Over 28 years at Salem Co-operative, Ms. and go out of it without leaving behind distinct see anything in H.R. 3826 that approaches Lally has helped to support countless children and legitimate reasons for having passed compromise or resembles an honest solution and other community members through the through it.’’ Buck Melton left behind a legacy to the problems I’ve outlined. bank’s charitable wing, the Salem Community of leadership and kindness that is still felt Once again we have a bill before us that will Benefit, which provides funding for education, throughout the Macon, Georgia community pass with little bipartisan support, won’t pass youth development, and other community today. the Senate, and won’t be signed by the Presi- agencies. As a board member of the Greater Buck is survived by his loving wife of sixty dent. While I understand this is an election Salem Chamber of Commerce, she was in- years, Tommie; children, Leigh and Buckner, year, we should be coming together to find strumental in the creation of the Hidden Jewel Jr.; grandson, Grady; nephews, Tim, Hank workable solutions that can make meaningful Awards, which honor deserving women for and Will; and niece, Mary Ann. change instead of creating more partisan rhet- their contributions to the Salem area; and as Mr. Speaker, I ask my colleagues to join oric. president of the Boys & Girls Club of Greater me, my wife, Vivian, and the Macon, Georgia f Salem, she helped lead a capital campaign to community in honoring the life of Former help fund renovations and expansion at the Mayor Buckner Melton, Sr. He will truly be HONORING DONOVAN CHAMBERS community center. missed, but his legacy will not soon be forgot- Through her dedicated service to these and ten. HON. SAM GRAVES other organizations, Ms. Lally has made f OF MISSOURI Salem a stronger, healthier, and happier place JOANNA MOSMAN IN THE HOUSE OF REPRESENTATIVES to live, work, and raise a family. On March 17, the Greater Salem Boys and Girls Club will Wednesday, March 12, 2014 honor her with the prestigious Ganley Award. HON. ED PERLMUTTER Mr. GRAVES of Missouri. Mr. Speaker, I As the Salem community celebrates Ms. Lally, OF COLORADO proudly pause to recognize Donovan Cham- I urge all Granite Staters and all Americans to IN THE HOUSE OF REPRESENTATIVES bers. Donovan is a very special young man join them in honoring her many contributions Wednesday, March 12, 2014 who has exemplified the finest qualities of citi- to our state and our Nation. zenship and leadership by taking an active f Mr. PERLMUTTER. Mr. Speaker, I rise part in the Boy Scouts of America, Troop 865, today to recognize and applaud JoAnna and earning the most prestigious award of IN MEMORIAM OF THE HONOR- Mosman for receiving the Arvada Wheat Eagle Scout. ABLE BUCKNER MELTON, SR. Ridge Service Ambassadors for Youth award. Donovan has been very active with his JoAnna Mosman is a 12th grader at Jefferson troop, participating in many scout activities. HON. SANFORD D. BISHOP, JR. High School and received this award because Over the many years Donovan has been in- OF GEORGIA her determination and hard work have allowed volved with scouting, he has not only earned IN THE HOUSE OF REPRESENTATIVES her to overcome adversities. numerous merit badges, but also the respect The dedication demonstrated by JoAnna Wednesday, March 12, 2014 of his family, peers, and community. Most no- Mosman is exemplary of the type of achieve- tably, Donovan has earned the rank of Mr. BISHOP of Georgia. Mr. Speaker, I rise ment that can be attained with hard work and Firebuilder in the Tribe of Mic-O-Say. Donovan today to pay tribute to a generous community perseverance. It is essential students at all has also contributed to his community through leader and outstanding public servant, and levels strive to make the most of their edu- his Eagle Scout project. Donovan led a food friend of longstanding, the Honorable Buckner cation and develop a work ethic which will drive at his church, St. Mark the Evangelist F. ‘‘Buck’’ Melton, Sr., Former Mayor of guide them for the rest of their lives. Catholic Church, on behalf of the food pantry Macon, Georgia. Sadly, Mr. Melton passed I extend my deepest congratulations to Jo- for Sacred Heart—Guadalupe Catholic Church away on Wednesday, March 5, 2014. His Anna Mosman for winning the Arvada Wheat in Kansas City, Missouri. passing leaves a tremendous void in the Ridge Service Ambassadors for Youth award. Mr. Speaker, I proudly ask you to join me in hearts of his family, friends and the Macon, I have no doubt she will exhibit the same dedi- commending Donovan Chambers for his ac- Georgia community. cation and character in all of her future accomplishments with the Boy Scouts of Amer- On Saturday, March 8, 2014, friends and complishments. ica and for his efforts put forth in achieving the family gathered to celebrate the life and career f highest distinction of Eagle Scout. of this influential man at a memorial service HONORING THE 102ND ANNIVER- f held at St. Paul’s Episcopal Church in Macon. Buck Melton was born on October 24, 1923, SARY OF THE GIRL SCOUTS IN RECOGNITION OF MS. ANN in Arlington, Georgia to the Reverend and LALLY OF SALEM, NEW HAMP- Mrs. Henry Martin Melton. He grew up in HON. JOYCE BEATTY SHIRE Moultrie, Georgia, but moved to Macon to at- OF OHIO tend Mercer University. He went on to grad- IN THE HOUSE OF REPRESENTATIVES uate from Mercer University’s Walter F. HON. ANN M. KUSTER Wednesday, March 12, 2014 OF NEW HAMPSHIRE George School of Law and began his career IN THE HOUSE OF REPRESENTATIVES as an attorney in Macon. Mrs. BEATTY. Mr. Speaker, I rise today to After serving as city attorney during the honor the 102nd anniversary of the Girl Wednesday, March 12, 2014 1960s, Attorney Melton was elected to the of- Scouts of the USA. Ms. KUSTER. Mr. Speaker, I rise today in fice of Mayor in 1975. During his one term as On this day in 1912, Juliette ‘Daisy’ Gordon honor of one of my district’s finest residents Mayor, Mr. Melton helped to establish Mercer Low officially registered the organization’s first and greatest contributors: Ann R. Lally, of University’s School of Medicine as well as the eighteen Girl Scouts in Savannah, Georgia. Salem, New Hampshire. Next week, Ms. Lally, city’s local option sales tax, which is still used Since that first meeting, more than 59 mil- who serves as President of Salem Co-opera- today. Mr. Melton was also particularly proud lion young women have been inspired, chal- tive Bank, will be honored with the Chief John of the seventy miles of roads paved in Macon lenged, and empowered as Girl Scout alum- P. Ganley Community Service Award, which during his tenure. nae.

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.006 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS E360 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2014 Thanks to Daisy Gordon’s vision, millions of mous impact on Colorado’s prison system. He event in 2013. Earlier this year, she took sec- girls have learned the values of personal re- implemented reforms to benefit staff and in- ond place at the 2014 U.S. National Cham- sponsibility, conservation, friendship, commu- mates and developed innovative solutions to pionships for downhill. When she isn’t rep- nity, and teamwork. some of the Department’s most persistent resenting us on the mountain, she spends Girl Scouts carry these important lessons problems. Mr. Clements also worked to im- much of her time giving back to her commu- with them for the rest of their lives. prove the lives of Coloradans both inside and nity through volunteer services, including serv- The Girl Scouts and I share a birthday and outside of the prison system by providing in- ing as a ski instructor for children with disabil- on this Girl Scout Day, I applaud the Girl mates with the counseling and skills nec- ities. Scouts for affording millions of girls across the essary to become successful members of so- Heidi Jo Duce of Ouray, Colorado, will take country with the opportunity to be part of ciety upon release. In rehabilitating these indi- to the slopes to compete in the challenging something much bigger than themselves. viduals, Mr. Clements helped create a better snowboard cross events. Ms. Duce has rapidly f future for our state. become a champion athlete since she won the The loss of Mr. Clements has been a loss U.S. National Championships in 2013, her first OBSERVING INTERNATIONAL for all of Colorado. His kindness, compassion, WOMEN’S DAY year of competing professionally. She is cur- and dedication to public service must never be rently ranked second in the world for para- forgotten. Please join me in remembering this snowboard cross. An avid outdoorswoman, HON. LORETTA SANCHEZ extraordinary man. she enjoys all that Colorado has to offer, in- OF CALIFORNIA f cluding rock climbing, mountain biking, back- IN THE HOUSE OF REPRESENTATIVES IN HONOR OF MASTER SERGEANT packing, and hunting. Wednesday, March 12, 2014 DAVID POIRIER Mr. Speaker, it is truly an honor to recog- Ms. LORETTA SANCHEZ of California. Mr. nize these fine athletes. Together, they show Speaker, I rise today in observance of Inter- HON. ANN M. KUSTER us what determination and passion can ac- national Women’s Day, March 8—recognized complish. Ms. Schwartz and Ms. Duce con- OF NEW HAMPSHIRE tinue to inspire all of us and it is an honor to by the United Nations. Today, we celebrate IN THE HOUSE OF REPRESENTATIVES the social, political, economic, cultural and in- congratulate them on their extraordinary ca- tellectual achievements of women around the Wednesday, March 12, 2014 reers as they represent the best of America to globe. The United Nations’ theme for this Ms. KUSTER. Mr. Speaker, today, I honor the world. year’s international recognition—‘‘Equality for the life of Master Sergeant David Poirier, a women is progress for all’’—emphasizes em- New Hampshire National Guardsmen who f powerment of women and women’s full enjoy- passed away late last month while serving in JESUS CORTEZ ment of human rights and stresses the vital support of Operation Enduring Freedom. Mas- role of women as agents of change in our so- ter Sergeant Poirier was an exemplary ciety. Today, courageous women like Bui Thi Guardsman, a long-serving Postmaster in his HON. ED PERLMUTTER Minh Hang need our immediate attention. hometown of Atkinson, and a great family Two years ago on this occasion, I stood on man. His service reminds us of the sacrifice OF COLORADO the House floor recognizing and advocating for our National Guardsmen and their families IN THE HOUSE OF REPRESENTATIVES Ms. Hang, who was sentenced without trial for make on behalf of our state and our country. Wednesday, March 12, 2014 participating in peaceful protests related to the In recent years, we have asked these brave Eastern Sea. She was eventually released but men and women to leave friends and family at Mr. PERLMUTTER. Mr. Speaker, I rise face ongoing harassment from the Vietnamese home as they supported Operations Enduring today to recognize and applaud Jesus Cortez authorities. Recently, Ms. Hang and her and Iraqi Freedom, and performed humani- for receiving the Arvada Wheat Ridge Service friends were brutally beaten and unlawfully de- tarian missions around the world. We must not Ambassadors for Youth award. Jesus Cortez tained while on their way to visit a former pris- forget how much our Guardsmen give to keep is an 8th grader at Everitt Middle School and oner of conscience. It has been almost one us all safe, prosperous, and free. May Master received this award because his determination month and Ms. Hang is still detained without Sergeant Poirier rest in peace, and may we and hard work have allowed him to overcome any due process for ‘‘obstructing traffic’’. I am honor him by celebrating the service and sac- adversities. once again recognizing Ms. Hang for her on- rifice of all those who wear the uniform each The dedication demonstrated by Jesus Cor- going efforts to for social and political issues and every day. tez is exemplary of the type of achievement in Vietnam. Ms. Hang has inspired many Viet- f that can be attained with hard work and perse- namese women, youth and fellow human UNITED STATES PARALYMPIANS verance. It is essential students at all levels rights activists. strive to make the most of their education and Mr. Speaker, I ask my colleagues on both FROM THIRD DISTRICT OF COLO- RADO TRIBUTE develop a work ethic which will guide them for sides of the aisle to join me in recognizing the rest of their lives. International Women’s Day and women like I extend my deepest congratulations to Bui Thi Minh Hang who are advocating for HON. SCOTT R. TIPTON Jesus Cortez for winning the Arvada Wheat freedom and democracy in their communities, OF COLORADO Ridge Service Ambassadors for Youth award. and call on governments like Vietnam to im- IN THE HOUSE OF REPRESENTATIVES I have no doubt he will exhibit the same dedi- mediately and unconditionally release Bui Thi Wednesday, March 12, 2014 cation and character in all of his future accom- Minh Hang and all prisoners of conscience. plishments. f Mr. TIPTON. Mr. Speaker, I rise today in honor of the two outstanding athletes from HONORING TOM CLEMENTS Colorado’s 3rd district who are competing in f the 2014 Winter Paralympic Games in Sochi, PERSONAL EXPLANATION HON. CORY GARDNER Russia. With their dedication, passion, and OF COLORADO spirit, these two women are fine examples of IN THE HOUSE OF REPRESENTATIVES the best our nation has to offer, and they HON. MIKE McINTYRE serve as role models for young people around OF NORTH CAROLINA Wednesday, March 12, 2014 the world. To formally acknowledge their dis- Mr. GARDNER. Mr. Speaker, I rise today to tinction and excellence, I stand to recognize IN THE HOUSE OF REPRESENTATIVES honor Tom Clements of Monument, Colorado. these athletes from Colorado’s 3rd district: Wednesday, March 12, 2014 Mr. Clements served for two years as Execu- Melanie Schwartz of Aspen, Colorado, will tive Director of the Colorado Department of represent the United States in Alpine Skiing. Mr. MCINTYRE. Mr. Speaker, on rollcall No. Corrections and made many improvements to Ms. Schwartz began her Paralympic career in 115, 116, 117, I was unavoidably detained be- the prisons of Colorado before he tragically her home country of Canada during the 2010 cause of airplane mechanical issues on my re- lost his life in March of 2013. Vancouver games. In 2012 and 2013, Ms. turn trip to Washington. Had I been present I During his time at the Colorado Department Schwartz chose to represent the United States would have voted ‘‘yes’’ on each of these sus- of Corrections, Mr. Clements had an enor- in two World Cups, placing first in the slalom pension votes.

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A12MR8.008 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS March 12, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E361 IN OPPOSITION TO H.R. 2804 AND requirements of Federal law before issuing a Lindley for receiving the Arvada Wheat Ridge H.R. 899 rule or regulation. The Administrative Proce- Service Ambassadors for Youth award. dure Act, the Regulatory Flexibility Act (RFA), Kassidy Lindley is an 8th grader at Moore HON. CHRIS VAN HOLLEN the Unfunded Mandates Reform Act of 1995 Middle School and received this award be- OF MARYLAND (UMRA), the Paperwork Reduction Act (PRA), cause her determination and hard work have IN THE HOUSE OF REPRESENTATIVES and the Congressional Review Act all serve allowed her to overcome adversities. the purpose of making sure that agencies are The dedication demonstrated by Kassidy Wednesday, March 12, 2014 not overstepping their bounds when issuing Lindley is exemplary of the type of achieve- Mr. VAN HOLLEN. Mr. Speaker, I rise in op- rules and enforcing existing regulations. ment that can be attained with hard work and position to H.R. 2804, the so-called ‘‘All Eco- At a time when Congress should be doing perseverance. It is essential students at all nomic Regulations are Transparent (ALERT) everything it can to create jobs and improve levels strive to make the most of their edu- Act and H.R. 899, the so-called ‘‘Unfunded the economy, these bills are nothing but a dis- cation and develop a work ethic which will Mandates Information and Transparency Act.’’ traction. They are unnecessary and potentially guide them for the rest of their lives. This week, the House took up a series of harmful to the public health and safety. I urge I extend my deepest congratulations to rehashed bills—under the guise of the ‘‘Stop my colleagues to oppose each of them. Kassidy Lindley for winning the Arvada Wheat Ridge Service Ambassadors for Youth award. Government Abuse Week’’—that would limit f the ability of federal agencies to enforce com- I have no doubt she will exhibit the same dedi- monsense rules and regulations. While sup- PERSONAL EXPLANATION cation and character in all of her future ac- porters of H.R. 2804 and H.R. 899 claim they complishments. are needed to curb overregulation, in reality, HON. ELIOT L. ENGEL f they would prevent federal agencies from OF NEW YORK CONDEMNING VIOLATION OF doing their jobs and working to ensure there IN THE HOUSE OF REPRESENTATIVES UKRAINIAN SOVEREIGNTY, INDE- are safeguards in place to protect consumer Wednesday, March 12, 2014 PENDENCE AND TERRITORIAL health and safety. INTEGRITY My Republican colleagues contend that the Mr. ENGEL. Mr. Speaker on rollcall No. two bills before us are a response to the ‘‘tsu- 117, H.R. 499, I was unavoidably detained. SPEECH OF nami’’ of regulations under the Obama Admin- Had I been present, I would have voted ‘‘yes.’’ HON. RUSH HOLT istration. However, this is simply not true. In f fact, federal agencies under President Obama OF NEW JERSEY have issued significantly less rules during his DR. STEVEN R. SWANSON TRIBUTE IN THE HOUSE OF REPRESENTATIVES first four years in office when compared to Tuesday, March 11, 2014 President Bush’s first term. Moreover, the HON. SCOTT R. TIPTON Mr. HOLT. Mr. Speaker, I rise in support of ALERT Act would actually create more red OF COLORADO this resolution. tape by imposing unnecessary new proce- IN THE HOUSE OF REPRESENTATIVES Just today, a CNN camera crew reported dures on agencies and adding over 60 new evidence that Russian troops are literally Wednesday, March 12, 2014 barriers in the federal rulemaking process. digging in on the Crimean peninsula, including Much like the ALERT Act, H.R. 899 would Mr. TIPTON. Mr. Speaker, I rise today to the installation of minefields along the new, il- also introduce uncertainty into agency deci- honor Dr. Steven R. Swanson, a United States legal border they have created with the sion-making and undermine the ability of Astronaut who will launch on his third trip to Ukraine. The world community cannot stand agencies to provide critical public health and the International Space Station (ISS) on March idly by in the face of this unprovoked Russian safety protections. It would also weaken our 25 from the Baikonur Cosmodrome in aggression against another sovereign member democracy by giving powerful special interests Kazakhstan. Dr. Swanson will spend six of the United Nations. The House, by passing and private industry an unfair advantage in the months on the station, serving three months this resolution, will be taking an important step rulemaking process. Specifically, it would re- as the ISS Commander. towards that end. quire agencies to consult with private indus- I’m proud to say that Dr. Swanson lives in There are several provisions in this resolu- try—but not most other stakeholders, such as Colorado’s 3rd Congressional District, in tion calling on the new Ukrainian government public health or food safety experts—before Steamboat Springs, with his wife, Mary and to implement measures to end political corrup- proposing rules. their three children. Dr. Swanson attended the tion, respect the human rights and civil lib- I was disappointed that amendments offered University of Colorado, where he received a erties of ethnic minorities in the Ukraine, and by Representative CUMMINGS and Representa- degree in Engineering Physics. He has also so on. These and other reforms are essential tive CONNOLLY were not adopted. Rep. CUM- received both Masters and Doctorate degrees for Ukraine to truly consolidate its revolution MINGS’ amendment would have overturned a in Computer Science. and ensure a transition to a truly open, demo- provision in the bill that directly compromises Since joining NASA in 1998, Dr. Swanson cratic society. the autonomy of independent regulatory agen- has led a remarkable career, earning the But the people of the Ukraine will find it dif- cies—including the CFPB, SEC, and CPSC— NASA Exceptional Achievement Medal, the ficult to maintain their freedom and independ- by requiring that they report proposed rules to Johnson Space Center Certificate of Accom- ence if their largest neighbor continues its ille- the OMB. Rep. CONNOLLY’s amendment would modation, and the Flight Engineering Award. gal occupation of the Crimea, threatens addi- have simply evened the playing field and en- He travelled on the space shuttle to help as- tional areas of eastern Ukraine with invasion, sured that public interest organizations and semble the ISS in June of 2007 and again in and takes steps—overt and covert—to under- other stakeholders are provided the same op- March of 2009. It is fitting that he now be- mine the new Ukrainian government. The res- portunity for consultation afforded to special comes the station’s commanding officer. olution before the House today calls upon the interest groups and private industry under this Mr. Speaker, it is truly an honor to recog- Obama administration to boycott the upcoming bill. nize such a distinguished ambassador of the G8 summit and work with our partners to Over the last four years, President Obama sciences. I rise today to thank him for his con- expel Russia from the G8. Given that the Rus- has implemented significant reforms to the tinued service in the name of exploration and sian government refuses to recognize rulemaking process. In January 2010, the congratulate him on his truly remarkable ca- Ukraine’s new government and is proceeding President signed an Executive Order that re- reer. with a sham ‘‘referendum’’ on Crimea’s future, quired agencies to determine if the benefits of f I believe the Administration must take the proposed rules are justified considering their steps called for in this resolution. I also call cost to society. He required an interagency re- KASSIDY LINDLEY upon the Administration to keep the Congress view of overlapping rules and regulation be- fully and currently informed on any indications tween agencies that may prevent innovation in HON. ED PERLMUTTER that further Russian aggression may be at- the private sector and instituted a policy to OF COLORADO tempted elsewhere in the Ukraine. allow agencies to consider input from affected IN THE HOUSE OF REPRESENTATIVES There is one amendment to this resolution public and private stakeholders and experts that the committee adopted that concerns me, when developing rules and regulations. Wednesday, March 12, 2014 and it involves a call to increase U.S. natural There is also a mechanism in place that al- Mr. PERLMUTTER. Mr. Speaker, I rise gas exports. Simply, the U.S. does not cur- ready requires agencies to adhere to specific today to recognize and applaud Kassidy rently possess the ability to export LNG to

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.012 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS E362 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2014 Ukraine or other European allies, and export and community forces—just as we have seen lives improved through the enactment of legis- facilities currently under construction will not with the ‘‘Meals from the Heart’’ program. lation. be operational until late 2015, at the earliest. Mr. Speaker, it is with great pride I submit After working for several years, Senator It is opportunistic and frankly not based in fact, this statement for the CONGRESSIONAL Thompson enrolled at Florida State University to have natural gas companies and their allies RECORD, recognizing the benevolent actions of from which she received a M.S. in Commu- in Congress using this crisis as a catalyst for local volunteers and businesses who have col- nication in 1973. She and her husband moved increased LNG exports. laborated to make a difference in combating to Orlando and immediately became active in Further, the U.S. does not have a state run hunger across the globe and in our own the Central Florida community. She later be- energy conglomerate like Russia, and we can- neighborhoods in the United States. came the Assistant to the President at Valen- not simply turn our energy exports up or down f cia Community College where she served for following a single executive decree. LNG ex- 24 years. Among her many accomplishments port terminals cost billions and the companies PERSONAL EXPLANATION was the establishment of the ‘‘College Reach making these investments will not proceed Out Program.’’ The program enabled thou- with their construction unless they have al- HON. TULSI GABBARD sands of low income and disadvantaged stu- ready secured LNG supply contracts, typically dents to fulfill their dream of going to college. with Asian countries, like Japan, China, and OF HAWAII As a public historian, Senator Thompson’s India, where high natural gas prices will result IN THE HOUSE OF REPRESENTATIVES passion for history led her to conduct research in the greatest profits. If our concern is ensur- Wednesday, March 12, 2014 and compile documents which resulted in the ing Ukraine has reliable energy sources, we publication of a book, Black America Series: should be talking to our European partners Ms. GABBARD. Mr. Speaker, on March 12, Orlando, Florida, in 2003. She is also credited about how best to accomplish that goal. 2014, I was unavoidably detained and was un- with preserving one of Orlando’s unique land- Again, I encourage my colleagues to join able to record my vote for rollcall No. 118. marks, The Wells’ Built Hotel, which housed me in supporting this legislation. Had I been present I would have voted ‘‘nay’’ on ordering the previous question. some of America’s most prominent citizens, in- f cluding Justice Thurgood Marshall, Ray f HONORING THE MEMBERS OF Charles, Ella Fitzgerald, Jackie Robinson and STILLWATER TRINITY LU- WOMEN’S HISTORY MONTH many more. She helped secure funds to con- THERAN CHURCH vert the hotel into a museum which is known today as The Wells’ Built Museum of African HON. ALAN GRAYSON American History and Culture. HON. BETTY McCOLLUM OF FLORIDA In November 2006, Thompson was elected OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES to serve as the first African American female IN THE HOUSE OF REPRESENTATIVES to represent District 39 in the Florida House of Wednesday, March 12, 2014 Wednesday, March 12, 2014 Representatives. As a state representative, RECOGNIZING THE CONTRIBUTIONS OF DOMINIQUE GELIN she worked to bring about change, including Ms. MCCOLLUM. Mr. Speaker, I rise today Mr. GRAYSON. Mr. Speaker, I rise today, in sponsoring legislation to give pregnant women to honor members of Stillwater Trinity Lu- honor of Women’s History Month, to recognize protection under the Florida Civil Rights Act, theran Church and acknowledge their recent Dominique Gelin. Born and raised in Miami, and establishing a lottery Ticket for the Cure efforts to feed more than half a million people Florida, Dominique is the proud daughter of to benefit breast cancer victims. On November in a community food drive called ‘‘Meals from immigrant parents. She has worked to shape 18, 2008, she was unanimously selected by the Heart.’’ This ambitious initiative will provide policy and mobilize members of her commu- her legislative colleagues to serve as the nutritious meals to be distributed through a va- nity. Democratic Leader Pro Tempore, the second riety of organizations from the Saint Croix Val- highest ranking Democrat in the Florida House ley all the way to Tanzania. Dominique moved to Orlando to attend the University of Central Florida in the fall of 2008. of Representatives. In November 2012, ‘‘Meals from the Heart’’ is a community-led, It was there that she got her first taste of orga- Thompson was elected to the Florida Senate. full-scale mission to address hunger—both nizing her peers, encouraging them to vote In December 2012, Senator Thompson was here at home and around the world. Beginning and become a part of the process. After reelected Chairman of the Orange County Legis- in 2008, Trinity Lutheran Church, located in ceiving her Bachelor’s degree, she continued lative Delegation. She is the first female and Stillwater, Minnesota, has partnered with her community service, becoming a Youth African-American to hold the position of Chair. churches, schools, nonprofits, and local busi- Outreach Director and extending her work to nesses, including Andersen Windows, to pro- Senator Thompson has been recognized high school students and young professionals. vide meals for those in need. Working to- with numerous awards. She received the Flor- gether, their benevolent efforts have produced Over the years, Dominique has had the op- ida Education Association’s Mary McLeod Be- impressive results. During the past five years, portunity to work with organizations like Ruth’s thune Humanitarian Award and the National 10,500 volunteers have packed more than 3 List Florida, the National Congress of Black Education Association’s prestigious Mary million meals that have been delivered to di- Women, and most recently, as an Aide at the Hatwood Futrell Award for her outstanding verse locations, ranging from a church in Saint Florida House of Representatives. In 2011, human rights work toward the advancement Paul to an orphanage in Haiti. Dominique was awarded the Achievement and education of women and girls. She is also a recipient of the Executive Women Award, Access to affordable, nutritious food is fun- Award by the Florida Commission on the Sta- the Legislative Award from the American Can- damental to the health and economic success tus of Women. cer Society, and the Martin Luther King Award of communities. Unfortunately, for far too She looks forward to continuing her work by from the Greater Orlando Alliance of Black many, access to nutritious food is not depend- advocating for those with the most urgent School Education. She is also an Executive able. Food insecurity is rising at an alarming needs through compassionate leadership. Board Member of the National Black Caucus rate, causing regional conflicts and forcing 1 I am happy to honor Dominique Gelin, dur- of State Legislators. billion people worldwide to struggle with chron- ing Women’s History Month, for her contribu- ic hunger and disease. In America, economic tions to her community. Senator Thompson enjoys every opportunity strain from the Great Recession continues to RECOGNIZING THE LEADERSHIP OF SENATOR GERALDINE to give back, such as arranging to have 40 place significant financial hardships on families F. THOMPSON students from Jones High School in Orlando looking to put food on the table. Mr. Speaker, I rise today, in honor of Wom- attend the inaugurations of President Barack Just last month, our nation celebrated the en’s History Month, to recognize Florida Sen- Obama in 2009 and 2013. She is married to 50th Anniversary of President Johnson’s ‘‘War ator Geraldine Thompson. Senator Thompson the Honorable Emerson R. Thompson, Jr. She on Poverty.’’ While President Johnson’s call to began serving the people of Florida in 1970 has three children, Laurise, Emerson III, and action has resulted in profound change for a when she worked as a Secretary for State Elizabeth, and is the proud grandmother of generation of Americans, our nation still must Representative Gwendolyn Sawyer Cherry, four. confront the stark reality that poverty, hunger, the first African American female to serve in I am happy to honor Senator Geraldine and income inequality persist today. To be the Florida House of Representatives. During Thompson, during Women’s History Month, for successful in the fight against hunger, it will her time with Representative Cherry, she her leadership and service to the Central Flor- take collective action between public, private, learned that conditions could be changed and ida community.

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.014 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS March 12, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E363 RECOGNIZING THE LEADERSHIP OF CHERYL GRIEB Engineer and Principal of Community and Florida and Florida Blue Key, UF’s Leadership Mr. Speaker, I rise today, in honor of Wom- Conservation Solutions, LLC. A native and life- Honorary. en’s History Month, to recognize Cheryl Grieb. long resident of Gainesville, Florida, she Pegeen is married to Tony Malone, a Pro- Cheryl’s recently widowed mother moved her served as its Mayor from 2004 to 2010, and fessional Engineer in the field of civil infra- and her three brothers from New Jersey to as a City Commissioner from 1996 to 2002, structure. Together they are the delighted par- Kissimmee, Florida in 1974. Cheryl’s Mom did leaving office both times as a result of term ents of Evyleen Mary (age eight), Quinn Jo- not come from money and worked very hard limits. seph (age seven), and Tess Lucille (age in real estate to support her four young chil- Pegeen has over twenty-five years of expe- three). dren. Following in her mother’s footsteps, rience in environmental remediation, public I am happy to honor Pegeen Hanrahan, dur- Cheryl started her career as a realtor at the participation, grant writing, land conservation, ing Women’s History Month, for her many con- age of 18. At age 24, she purchased her and local government finance. With the Trust tributions to the state of Florida. Mom’s real estate company and opened her for Public Land, she has helped develop and RECOGNIZING THE SERVICE OF MARY JANE ARRINGTON second real estate company at age 30. pass ten successful bond or sales tax initia- Mr. Speaker, I rise today, in honor of Wom- Cheryl’s Mom raised her to be active in her tives for land conservation and parks in Flor- en’s History Month, to recognize Mary Jane community and give back to society. In her ida. She also serves as a leader of Florida’s Arrington. Led by her mother’s example, Mary twenties, Cheryl was appointed to the Osceola Water and Land Legacy (FWLL), a statewide Jane has devoted her life to community in- County Parks and Recreation Committee citizen’s initiative to provide sustained funding volvement. Beginning in childhood, Mary Jane where she served for seven years. While on for land and water conservation and eco- served her community through her church, the Committee, she was involved with the pur- system management. school, 4–H, and Girl Scouts. Public service is chase of the Overstreet property which be- With the support of the Rockefeller Brothers something she is very passionate about. She came a 400 acre regional park. In addition to Fund, Pegeen has assisted communities in began her public service 44 years ago when her passion for the environment, Cheryl loves the adoption of a clean energy program known she first moved to Osceola County, working in historic structures. She spearheaded a task as feed-in-tariffs (FITs). Gainesville is the first her children’s schools and serving on numer- force that successfully preserved the historic city in the U.S. to implement a solar FIT, also ous community organization boards and com- Osceola High School for over five years, until known as a CLEAN (Clean Local Energy Ac- mittees. the devastating hurricanes of 1994 finally cessible Now) Program. With over 18 Elected in 1994, she is the first and is still sealed its fate. Cheryl was also on a task megawatts of solar power installed, Gaines- the only woman to be elected to the Osceola force which formed the first historic district in ville is now in the top ten in installed solar per County Board of County Commissioners. Mary downtown Kissimmee and began a historic capita in the U.S. Pegeen also assisted in the Jane was elected by her peers to serve as home tour in the downtown area. adoption of CLEAN programs in Ft. Collins, Commission Chairman and served as a Coun- As a realtor, Cheryl recognized the need to Colorado and Palo Alto, California. She has ty Commissioner until 2002. During her tenure help low-income individuals to secure afford- spoken on the topic in over 20 communities in she was a true visionary working to promote able housing. Along with a handful of dedi- the U.S., Canada, Germany, and Brazil. regionalism and improve transportation in the cated people, she formed Habitat for Humanity Pegeen served as an Engineer and Haz- Central Florida region. Mary Jane championed of Osceola County. Habitat has helped numer- ardous Materials Program Manager for the the restoration of Osceola County’s historic ous people in Osceola County realize the Alachua County Environmental Protection De- courthouse and oversaw the construction of dream of homeownership. Her other commu- partment for over five years, a Senior Vice the new courthouse and administrative build- nity activities include Co-Chairing the Kis- President of Terra-Com Environmental Con- ings. simmee Relay for Life for the American Can- sulting for five years, and an Executive Direc- After her time on the commission she con- cer Society. The cause is near and dear to tor of Alachua Conservation Trust for three tinued her public service as one of the found- Cheryl’s heart as her partner, Patti, is a can- years. She has been the Engineer of Record ing Supervisors of the Toho Water Authority, a cer survivor. on numerous remediation projects to remove regional water authority. She continued in this After her election as City Commissioner in hazardous contaminants from soil and ground- role until 2008 when she was elected as 2006, Cheryl became even more involved in water. She has also completed work in the Osceola County Supervisor of Elections. her community. She has served as a Board fields of landfill design, stormwater manage- Setting milestones is something Mary Jane Member of Community Vision, two-time Chair ment, hazardous waste management, climate continues to do in her capacity as the Osceola of the East Central Florida Regional Planning change, sustainability, and energy conserva- County Supervisor of Elections. She has Council, Chair and Council Member of the tion. She has completed projects for over forty worked diligently to enhance the services pro- Tourist Development Council, Chair of the different cities, counties, water management vided to the voters of Osceola County. By Greater Osceola Partnership or Economic districts, state agencies, non-profits, and pri- bringing the latest technology to the Elections Prosperity, and Director for Florida PACE. In vate clients. Office she has streamlined procedures and addition, she was instrumental in passing do- Pegeen has served as President of the Flor- made the voting process easier and more ac- mestic partner benefits for the employees of ida League of Mayors and Chair of the cessible for voters. Her insightful leadership the City of Kissimmee. This victory won her Alachua County Library District. In addition, has received national recognition. the ‘‘Voice for Equality’’ award from Equality she serves on the boards of Florida State Uni- Mary Jane has a Bachelor’s degree in Pub- Florida. versity’s LeRoy Collins Institute, the Mayors’ lic Administration from the University of Cen- In June of 2007, Cheryl’s Mom had an asth- Innovation Project, ICLEI–USA: Local Govern- tral Florida and is a graduate of Leadership ma attack that caused a fatal heart attack ments for Sustainability, the Children’s Move- Florida. She is one of only 800 nationally cer- claiming her life. In response to the tragic loss ment of Florida, Innovation Gainesville, the Al- tified elections professionals and, this year, of her Mom and role model, Cheryl decided to liance for Renewable Energy, Ruth’s List, and will be designated a Florida Master Certified have an event that would showcase downtown Alachua Conservation Trust. Election Professional. Kissimmee and raise funds for the American She has received numerous honors, includ- Outside of her responsibilities as Supervisor Heart Association, as both her parents had ing being named a ‘‘Woman Who Makes a of Elections she is very active in the commu- succumbed to heart attacks. Cheryl’s efforts Difference’’ by the Gateway Girl Scout Coun- nity where she serves as Chairman of the helped create Kissimmee Main Street and the cil, a ‘‘Woman of Distinction’’ by Santa Fe Col- Osceola County YMCA Board of Directors and first annual Kiss-im-mee 5K. lege, and a ‘‘Voice for Equality’’ by Equality as a Member of the Executive Board of the This past February was the sixth annual Florida. She is also a Florida Audubon Central Florida YMCA. She is also a very race which brought hundreds of people to ‘‘Women in Conservation’’ award winner and dedicated and involved member of the First downtown Kissimmee and raised thousands of was named ‘‘The Female Democratic Elected United Methodist Church of Kissimmee. dollars to help combat heart disease. Official of the Year’’ three times by the Mary Jane and her husband of 46 years, I am happy to honor Cheryl Grieb, during Alachua County Democratic Executive Com- Curtis, have passed on their love of public Women’s History Month, for her dedication to mittee. service to their four children who also serve her community. A member and former alumni sponsor of the the Osceola County community and the Cen- RECOGNIZING THE CAREER AND CONTRIBUTIONS OF prestigious Tau Beta Pi Engineering Honor tral Florida region in varying capacities. They PEGEEN HANRAHAN Society, Pegeen holds Bachelor’s and Mas- are also extremely proud grandparents of Mr. Speaker, I rise today, in honor of Wom- ter’s degrees in Environmental Engineering, three grandsons. Mary Jane follows her per- en’s History Month, to recognize Pegeen and a Bachelor’s in Sociology from the Univer- sonal creed of ‘‘living each day trying to ac- Hanrahan. Pegeen is a registered Professional sity of Florida. She is a member of Leadership complish something, not merely to exist.’’

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.017 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS E364 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2014 I am happy to honor Mary Jane Arrington, tiful and smart grandchildren, Connor and HONORING MR. DAN KIMBALL during Women’s History Month, for her dedica- Kendall, who brighten her world with their tion to the Central Florida community. love. HON. MARIO DIAZ-BALART RECOGNIZING THE LEADERSHIP AND CONTRIBUTIONS OF I am happy to honor Donna Sines, during OF FLORIDA DONNA SINES Women’s History Month, for her many con- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I rise today, in honor of Wom- tributions to the Osceola County community. Wednesday, March 12, 2014 en’s History Month, to recognize Donna Sines, Mr. DIAZ-BALART. Mr. Speaker, I rise today Executive Director and Founder of Community f Vision. After a stint in banking, Donna dedi- to honor Mr. Dan Kimball, and to congratulate cated her life to helping Osceola County, Flor- JOCELIN ALONSO him on his retirement. Mr. Kimball is an out- ida. As Executive Vice President of the Kis- standing individual who has served as the Su- simmee/Osceola County Chamber of Com- perintendent of Everglades and Dry Tortugas HON. ED PERLMUTTER National Parks. merce, she worked to redevelop Downtown OF COLORADO Kissimmee, transforming it from a troubled A 27-year veteran of the National Park IN THE HOUSE OF REPRESENTATIVES area into a point of pride for the city. Service, Mr. Kimball has previously served as She also launched Leadership Osceola Wednesday, March 12, 2014 Chief of the NPS Water Resources Division. In County (LOC) which is celebrating its 25th an- this capacity he successfully led efforts to set- Mr. PERLMUTTER. Mr. Speaker, I rise tle national park water resources, specifically niversary this year. LOC has educated and in- today to recognize and applaud Jocelin Alonso spired more than 1200 graduates to contribute in the western United States in parks such as for receiving the Arvada Wheat Ridge Service Yellowstone and Glacier National Parks. Mr. to the betterment of their community and Ambassadors for Youth award. Jocelin Alonso make holistic decisions regarding community Kimball has also served as Assistant to the is a 12th grader at Jefferson High School and National Park Service Deputy Director in wellbeing. LOC has hosted programs span- received this award because her determination ning the spectrum from middle-school kids and Washington, DC, Incident Commander rep- and hard work have allowed her to overcome resenting the U.S. Department of the Interior, teens to senior citizens. Donna was twice rec- adversities. ognized by the late Florida Governor Lawton and at the Florida Peninsula Command Post The dedication demonstrated by Jocelin in response to the Deepwater Horizon/BP Oil Chiles for programs and projects she oversaw. Alonso is exemplary of the type of achieve- She also led the effort to restore the Historic Spill. ment that can be attained with hard work and Throughout his career, Mr. Kimball has Kissimmee train station, the first volunteer perseverance. It is essential students at all project of its kind in Osceola County. A num- been recognized for his exceptional work. His levels strive to make the most of their edu- vast array of awards includes the Department ber of community playground builds in eco- cation and develop a work ethic which will nomically challenged areas can also be cred- of the Interior’s Superior Service Award, the guide them for the rest of their lives. Pacific Northwest Regional Director’s Award ited to Donna. I extend my deepest congratulations to In 1995, Donna left the Chamber to start a for Professional Excellence in Natural Re- Jocelin Alonso for winning the Arvada Wheat grass-roots, non-profit organization called sources, the Southeast Region’s Super- Ridge Service Ambassadors for Youth award. Community Vision. Working out of her living intendent of the Year Award, the President I have no doubt she will exhibit the same dedi- room, Donna worked to unite her community Rank Award—Meritorious Executive, and the cation and character in all of her future ac- in a shared vision. Thousands from all walks American Recreation Coalition’s Legends complishments. of life participated and a movement was born. Award. Having known Mr. Kimball for a number of In 2004, when four hurricanes ravaged Osce- f years, I know that he has consistently dem- ola County, including Community Vision’s of- onstrated the highest degree of integrity, char- fice and her home, Donna oversaw an ‘‘unmet RECOGNIZING FULL SAIL acter, and professionalism. He has been dedi- needs committee’’ which raised $750,000 to UNIVERSITY cated to his career and has worked tirelessly help residents restore their homes and lives. for the protection of our environment and, Community Vision utilizes a collective impact more specifically for Florida, the preservation model in addressing issues. It functions as the HON. DANIEL WEBSTER of the Everglades. The state of Florida and the umbrella organization bringing the public, pri- OF FLORIDA nation as a whole have truly been lucky to vate and independent sectors together to de- IN THE HOUSE OF REPRESENTATIVES have such an exceptional individual heading velop innovative solutions to complex, sys- Wednesday, March 12, 2014 our national parks. Beyond that, over the temic problems confronting the Osceola com- years I have had the privilege of getting to munity. Donna’s impact can be felt throughout Mr. WEBSTER of Florida. Mr. Speaker, I know Dan on a personal level, and am hon- Osceola County. She secures financial re- rise today to recognize Full Sail University on ored to now call him my friend. I wish nothing sources and volunteer support to take on the the occasion of its 35th anniversary. Since its but the best for Dan, his wife Kit and their son, impossible. founding in 1979, Full Sail’s vision has been to Donna’s touch is most felt when addressing help creative students pursue their dreams in and again congratulate him on his retirement. Mr. Speaker, I am honored to pay tribute to those community issues that affect our must the entertainment industry. Mr. Dan Kimball for his tremendous service to vulnerable and at-risk residents. She secured When Full Sail first opened its doors 35 Florida, and I ask my colleagues to join me in a $1.3 million federal grant to provide free pri- years ago, it aimed to couple traditional class- recognizing this remarkable individual. mary healthcare to the un- and underinsured room work with career-specific development through the Mobile Medical Express initiative. as well as training in real world production stu- f Beginning with the Mobile Medical Express, dios to propel students into the sound and ON THE OCCASION OF THE TWEN- the community developed a secondary care music industry. As its students’ dreams and TIETH ANNUAL TOP 10 AWARDS network which includes two free clinics. passions grew, so did the university. Full Sail CEREMONY OF THE GREATER Most recently, Donna has focused her ef- quickly evolved and now offers 44 unique de- DETROIT CHAPTER OF THE NA- forts on the plight of the homeless. Community grees including animation, games, web design TIONAL ASSOCIATION OF WOMEN Vision offers intensive, career-readiness initia- and film. In 2013, Full Sail earned a top ten BUSINESS OWNERS tives to put folks back on payrolls and families spot on StudentAdvisors.com’s list of ‘‘Top on the road to self-sufficiency. Community Vi- 100 Social Media Colleges.’’ Full Sail University boasts over 42,000 grad- HON. GARY C. PETERS sion also has an employment coach for the OF MICHIGAN uates, and is currently providing its 17,000 long-term unemployed and a full time Impact IN THE HOUSE OF REPRESENTATIVES Homelessness Director. students with an innovative education to help It is her selfless spirit, love of community achieve their goals. Graduates have continued Wednesday, March 12, 2014 and ‘‘can do’’ attitude that drives Donna to ad- on to companies such as Disney, ESPN and Mr. PETERS of Michigan. Mr. Speaker, I dress those tough challenges and makes her HBO Studios. rise today to congratulate the Greater Detroit a valued community treasure. I am pleased to recognize Full Sail for its Chapter of the National Association of Women Donna touts her greatest accomplishment dedication to equipping students for fulfilling Business Owners (NAWBO) as its members as raising and educating her son Derrick, who careers, and I thank the University for con- gather for the Twentieth Annual Top 10 exemplifies success as a father, husband and tinuing to bolster the educations and passions Awards Ceremony. The Top 10 Awards pro- bread winner. She is also blessed with beau- of future generations. vides the Greater Detroit Chapter of NAWBO

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.018 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS March 12, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E365 with an opportunity to recognize women busi- JULIE VILLEGAS in the short run and sell them the fuel they ness owners and executives for their out- need for the long haul. We can create jobs for standing endeavors to expand the influence of HON. ED PERLMUTTER American workers—good, meaningful jobs. It women in business. OF COLORADO just makes sense. Chartered in 1980, the Greater Detroit IN THE HOUSE OF REPRESENTATIVES I urge support for H. Res. 499. Chapter of NAWBO was founded to further the f mission of its national organization in South- Wednesday, March 12, 2014 east Michigan region; to expand the access of Mr. PERLMUTTER. Mr. Speaker, I rise OUR UNCONSCIONABLE NATIONAL women to the top echelons of decision-making today to recognize and applaud Julie Villegas DEBT in social, economic and political endeavors for receiving the Arvada Wheat Ridge Service around the world. To execute this mission, the Ambassadors for Youth award. Julie Villegas HON. MIKE COFFMAN members of NAWBO, both in Detroit and is a 12th grader at Standley Lake High School OF COLORADO across the country, engaged in an exchange and received this award because her deter- IN THE HOUSE OF REPRESENTATIVES of knowledge and experiences that allowed mination and hard work have allowed her to Wednesday, March 12, 2014 them to develop and hone their entrepre- overcome adversities. neurial skills. Specifically, NAWBO sponsors The dedication demonstrated by Julie Mr. COFFMAN. Mr. Speaker, on January programming that is designed to strengthen Villegas is exemplary of the type of achieve- 20, 2009, the day President Obama took of- the capacity of its members to promote eco- ment that can be attained with hard work and fice, the national debt was nomic development, create innovative and ef- perseverance. It is essential students at all $10,626,877,048,913.08. fective change in business culture, build stra- levels strive to make the most of their edu- Today, it is $17,495,622,444,209.79. We’ve tegic partnerships and influence public policy cation and develop a work ethic which will added $6,868,745,395,296.71 to our debt in 5 discussions. guide them for the rest of their lives. years. This is over $6.8 trillion in debt our na- To support these goals and its mission, the I extend my deepest congratulations to Julie tion, our economy, and our children could Greater Detroit Chapter of NAWBO hosts a Villegas for winning the Arvada Wheat Ridge have avoided with a balanced budget amend- number of events like Entrepreneur-YOU, Service Ambassadors for Youth award. I have ment. which provides women entrepreneurs with a no doubt she will exhibit the same dedication f workshop to support the development of crit- and character in all of her future accomplish- RECOGNITION OF SAM SIMON AND ical skills for creating and running a business; ments. expos that allow members and the community THE ACTUAL DANCE f at-large with a chance to build their social and business networks; and the Circle of Learning, CONDEMNING VIOLATION OF HON. GERALD E. CONNOLLY which allows members to directly interact with UKRAINIAN SOVEREIGNTY, INDE- OF VIRGINIA each other in an effort to strengthen their PENDENCE, AND TERRITORIAL IN THE HOUSE OF REPRESENTATIVES brand, work culture and performance. INTEGRITY The Top 10 Awards allows NAWBO to rec- Wednesday, March 12, 2014 ognize leading women in business from SPEECH OF Mr. CONNOLLY. Mr. Speaker, I rise today Southeast Michigan, whose work is expanding HON. MIKE KELLY to recognize Samuel A. Simon on the success the opportunities for women, to be recognized of his important one man performance, The OF PENNSYLVANIA by their peers for their commitment, their vi- Actual Dance. By creating and performing this IN THE HOUSE OF REPRESENTATIVES sion and, most importantly, their excellence. I moving and evocative show, Sam has helped am pleased to congratulate this year’s win- Tuesday, March 11, 2014 to increase awareness about the lesser-known ners: Barabara Whittaker, Suzanne Bobbitt, Mr. KELLY of Pennsylvania. Mr. Speaker, I experience of spouses who have lost loved Eva Scurlock, Mary Buchzeiger, Ann rise today in strong support of H. Res. 499, a ones to breast cancer, a cruel and devastating Reinman, Jmai Moore, Pamela Smith, Mashell resolution condemning the violation of Ukrain- disease that continues to affect far too many Carissimi, Mary Ann Lievois, Carla Walker-Mil- ian sovereignty, independence, and territorial Americans. ler and Shirley R. Stancato, on the remarkable integrity by military forces of the Russian Fed- Mr. Simon, a resident of Fairfax County, Vir- impact they are making on the Greater Detroit eration. ginia, and a close family friend, was inspired community. This resolution is a loud, strong message to create his one man show when his wife, Mr. Speaker, as we celebrate National from this body, the House of Representatives, Susan, was diagnosed with breast cancer in Women’s History Month and reflect upon the the People’s House, that the people of the 2000. Sam used his family’s personal struggle remarkable impact women have made on our United States stand firmly behind the people as a source of inspiration to create a one man country, I am honored to recognize the Great- of Ukraine in their mission to maintain their drama, so that he could educate and mobilize er Detroit Chapter of NAWBO and this year’s independence, free from Russian aggression. audiences across the country. He first told the Top 10 Awards winners for the work they are Our friends in the world must always have story of his spiritual journey at the 2013 Cap- doing to expand opportunities for women in full assurance that we are with them, that our ital Fringe Festival, right here in Washington, business. For the last thirty-four years, the resolve is unshakeable, and that nothing will DC. Since then he has performed across the members of NAWBO in Southeast Michigan intimidate us. Mid-Atlantic and in New York City, where his have been at the forefront of supporting This resolution lays out what our game plan performance has earned the praise of audi- women in business and I wish them continued looks like as we take concrete steps to back ences and critics alike. He was honored with success in their future endeavors. our friends in Ukraine. I want to focus on one the 2013 Northern Virginia Theater Alliance f key part of this plan: achieving energy inde- Award for Best Production of an Original Play, PERSONAL EXPLANATION pendence for Ukraine and the region. as well as Best Overall Production. The NVTA For too long Russia has used the threat of also nominated Sam for Best Actor, and in manipulating energy prices and supplies to im- New York, the Midtown International Theatre HON. DIANE BLACK pose economic and political pressure on Festival nominated Sam for Best Playwright. OF TENNESSEE Ukraine and other countries. This has got to Clearly, Mr. Simon’s show is an artistic suc- IN THE HOUSE OF REPRESENTATIVES stop. cess. But more than that, by sharing his fam- Wednesday, March 12, 2014 We can provide a reliable source of energy ily’s personal experience with breast cancer, Mrs. BLACK. Mr. Speaker, on rollcall No. 86 to our partners in Europe. Congress is ready Sam has given voice to Americans all across (Cummings Amendment), rollcall No. 87 (Con- to do its part. However, the Obama adminis- the country who have battled this disease: nolly Amendment), rollcall No. 88 (Jackson tration needs to speed up the permit approval mothers, sisters, spouses, even Members of Lee Amendment) and rollcall No. 89 (Motion process to get liquid natural gas flowing to our Congress. In my home state of Virginia, the to Recommit), which took place Friday, Feb- friends in Europe, approve the Keystone XL number of women diagnosed each year now ruary 28, 2014; I am not recorded because I pipeline, and take other pro-American, pro- tops 6,200. Advocates like Sam Simon, who was unavoidably detained. Had I been growth, pro-energy actions. There is truly no are willing to share their experience and present, I would have voted ‘‘no.’’ better time than now. strength, give hope to all the families that suf- On rollcall No. 90 (Final Passage of H.R. We can hit Vladimir Putin where it hurts—in fer because of this terrible disease. Mr. 899), I would have voted ‘‘aye.’’ the wallet. We can strengthen Ukraine’s hand Speaker, I urge my colleagues to recognize

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MR8.019 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS E366 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2014 the contribution of Samuel A. Simon, wish him nally displaced within their own country and America’s local economies and they are crit- heartfelt congratulations on his achievements, 2.4 million Syrians living as refugees in neigh- ical for our Nation’s strength. Immigrants have and urge him on to even greater artistic excel- boring countries. especially driven entrepreneurship and job lence. Mr. Speaker, it is easy to become desen- creation throughout the country, and Chang f sitized by numbers of this scale. But these are and Hae are a perfect example of this. not merely newspaper headlines. These statis- After nearly three decades in business, the RECOGNIZING THE MIAMI BRAIN tics are made up of real people who had real FAIR establishment sadly closed its doors on Feb- hopes and real dreams, too many of which ruary 27, 2014. In recognition of their success, have been crushed by war and violence. The I ask my colleagues to join me in paying trib- HON. MARIO DIAZ–BALART international community must draw on the full ute to Chang Duk Huh and his wife, Hae. OF FLORIDA spectrum of diplomatic and development tools IN THE HOUSE OF REPRESENTATIVES to bring swift, lasting stability to Syria and the f surrounding countries. Three years is three Wednesday, March 12, 2014 years too long. The time for peace is now. We A TRIBUTE TO NICHOLAS LEE Mr. DIAZ-BALART. Mr. Speaker, I rise today cannot wait a moment longer. to commemorate Brain Awareness Week, f which runs from March 10–16 of this year. HON. ADAM B. SCHIFF HONORING CHANG DUK HUH, Brain Awareness Week serves to educate OF CALIFORNIA students and the general public on brain OWNER OF JOHNNIE’S CHICAGO science in Miami, and across the country. Dur- RED HOTS IN THE HOUSE OF REPRESENTATIVES ing this week, neuroscientists around the Wednesday, March 12, 2014 world educate individuals through informative HON. ED PASTOR Mr. SCHIFF. Mr. Speaker, I rise today to activities on the wonders of the human brain. OF ARIZONA honor the memory of Nicholas Choung Lee, a These activities contribute to a public under- IN THE HOUSE OF REPRESENTATIVES standing of brain function, scientific research, Los Angeles police officer who selflessly Wednesday, March 12, 2014 and also bring awareness to the brain dis- served his community. orders and diseases that affect the lives of the Mr. PASTOR of Arizona. Mr. Speaker, I ask Nicholas was born on May 8, 1973, in nearly 100 million Americans. my colleagues to join me in recognizing a Seoul, Korea. When he was six years old he In recognition of Brain Awareness Week, I small business owner from Arizona’s Seventh moved to California with his father Heung Jae would like to specifically highlight the Miami Congressional District who has left his indel- Lee, mother Choung Ja Lee, younger brother Brain Fair. At this year’s Miami Brain Fair, stu- ible mark on the Phoenix Metropolitan Area Danny, and sister Jenny. They settled in Los dents from the area will be able to learn about through his much-beloved ‘‘Johnnie’s Chicago Angeles’ Koreatown, and Nicholas attended the brain through hands-on activities and par- Red Hots’’ restaurant. high school in Los Angeles and college at ticipate in either the Brain Bee or Brain Jeop- Chang Duk Huh, also known as ‘‘Johnnie,’’ California State University Fullerton. He joined ardy competitions. In previous years, over was born in Seoul, South Korea, on February the Los Angeles Police Department on August 3,000 children attended the event. This year’s 25, 1953. The eighth of nine children, Chang 31, 1998. event will include five local universities, and immigrated to the United States in 1976. By After probationary training, Nicholas trans- over 70 scientists presenting at 30 different 1978 he and his wife, Hae, settled in the ferred first to the Van Nuys Division, and later exhibits. greater Phoenix area where the couple raised to the Hollywood Division, where he was as- Serving as a member of the Commerce, their two daughters. Chang and Hae pur- signed to a patrol car. He worked as both a Justice, Science, and Related Agencies sub- chased ‘‘Johnnie’s Chicago Red Hots’’ in Au- Field Training Officer and Vice Officer in committee of the House Committee on Appro- gust of 1985 from its original owner, Johnnie Wilshire, before returning to patrol in the Holly- priations, I understand that programs like the Dieffenbach. wood Division in 2008. In his 16 years as a Miami Brain Fair play a major role in inspiring In business now for nearly three decades, police officer, Nicholas received more than 70 the next generation of scientists. It is impera- Johnnie’s restaurant is best known for its 100 commendations. He was recently among the tive that we support important educational ac- percent Vienna beef, Chicago-style hot dogs- officers featured in a birthday video for a 7- tivities such as the Miami Brain Fair, so that complete with mustard, onions, neon relish, to- year-old-boy with leukemia, which was just we can continue to improve the lives of the matoes, pickles, celery salt and sport peppers- one of the many ways Nicholas constantly nearly 100 million Americans who suffer from encased in a steamed poppy seed bun and demonstrated his selfless desire to help oth- brain-based diseases and disorders. served with a side of homemade French fries. ers. The dogs have been featured in a variety of Mr. Speaker, I am honored to recognize As much as he contributed to Los Angeles local news publications over the years, includ- Brain Awareness Week and I ask my col- as a police officer, everyone who knew him ing The Arizona Republic and the Phoenix leagues to join me in observing the contribu- would agree that his family always came first. New Times ‘‘Best of’’ issue. What started out tions that thousands of dedicated scientists Nicholas married Cathy Kim in 2001, and they as a tiny three-table restaurant with a handful are making in the field of brain science. went on to have two daughters, Jalen and of bar stools became a Phoenix mainstay that f Kendall. He could frequently be seen riding a has been frequented by many prominent com- scooter alongside the two girls on their way to MARKING THE THREE YEAR ANNI- munity figures such as Department of Home- school. When the family would have bar- VERSARY OF THE HUMANI- land Security Secretary Janet Napolitano, becues, Nicholas was always the person serv- TARIAN CRISIS IN SYRIA Phoenix Suns Coach Jeff Hornacek, and ing his family and friends. His wife described sports executive Jerry Colangelo. him as a great provider and loving husband What really defines the heart and soul of HON. SAM FARR and father. OF CALIFORNIA this small mom-and-pop shop, however, has Tragically, and much too soon, Nicholas IN THE HOUSE OF REPRESENTATIVES been its loyal patrons through the years. Chang and his wife, Hae, take great pride in passed away on March 6, 2014, when a truck Wednesday, March 12, 2014 their product (Chang has eaten a hot dog for hit his patrol car in Beverly Hills. He is sur- Mr. FARR. Mr. Speaker, I rise today to mark lunch every day for almost 30 years), and the vived by his wife Cathy, and daughters Jalen the three-year anniversary of the humanitarian couple has a strong love and appreciation for and Kendall. crisis in Syria. This horrific conflict has left their customers. They have strived to provide We depend upon the bravery and dedication over 100,000 people dead, a population quality food and great service with a smile. of police officers every moment of every day, roughly the size of Boulder, Colorado. Of They have found great joy in making their cus- and we often forget the dangers and chal- those 100,000 casualties of war, 10,000 were tomers happy. lenges they face on our behalf. I ask all mem- children. As I speak, 5.5 million living children I have been one of those happy customers, bers to join me in expressing our condolences are dangerously vulnerable, having ‘‘lost lives not just because of the quality food and serv- to the Lee Family and the Los Angeles Police and limbs, along with virtually every aspect of ice, but also because they have allowed me, Department and pledge to remember the cour- their childhood,’’ according to the United Na- as their Congressman, to watch them grow age and commitment of Officer Nicholas Lee, tions. And the displacement crisis continues to their restaurant into a well-respected and thriv- a man who cared deeply about his family and explode, with some 6.5 million Syrians inter- ing eatery. Small businesses are the heart of the Los Angeles community.

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A12MR8.023 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS March 12, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E367 HONORING BRAD CUMMING players credit Coach Shows for inspiring their It came as no surprise in 2013 when he was own achievements and success in life. recognized by the Aspen Institute as one of HON. E. SCOTT RIGELL As we honor his life and legacy today, let us the nation’s most promising young political OF VIRGINIA always remember that with dedication, hard leaders, a fellowship bestowed on him be- IN THE HOUSE OF REPRESENTATIVES work and sacrifice, we can achieve anything. cause of his commitment to sensible and bi- I thank Coach Shows for displaying this valu- partisan governance. I eagerly look forward to Wednesday, March 12, 2014 able lesson and for the pride he has brought Todd’s continuing service leading the City Mr. RIGELL. Mr. Speaker, I rise before you to the Fifth District of Louisiana. He was a tre- Council, and expect him to continue doing today to honor Mr. Brad Cumming, a resident mendous leader and example to all who had great things for San Diego. of Virginia Beach, Virginia, on the occasion of the honor of knowing him and his example Mr. Speaker, I am proud to honor Todd Glo- his retirement from the U.S. Navy’s Program and leadership will remain in our hearts for- ria for his hard work for the City of San Diego. Executive Office for Aircraft Carriers after ever. I urge my colleagues to join me in recognizing more than 32 years of dedicated service to the f Todd for his excellent service as San Diego federal government. Interim Mayor. JILLIAN BLUE-NORTON Mr. Cumming has a long history of service f to the aircraft carrier community and has emerged as one of the leaders in lifecycle en- HON. ED PERLMUTTER PERSONAL EXPLANATION gineering. His keen leadership, innovation, OF COLORADO dedicated teamwork, and proven technical and IN THE HOUSE OF REPRESENTATIVES HON. PATRICK J. TIBERI programmatic expertise were critical to his OF OHIO Wednesday, March 12, 2014 success in ensuring that Nimitz Class Aircraft IN THE HOUSE OF REPRESENTATIVES Carriers are ready to provide 50 years of serv- Mr. PERLMUTTER. Mr. Speaker, I rise Wednesday, March 12, 2014 ice defending our national interests. today to recognize and applaud Jillian Blue- Mr. Cumming’s current duties as the Deputy Norton for receiving the Arvada Wheat Ridge Mr. TIBERI. Mr. Speaker, on rollcall No. 64 Program Manager’s Representative for the Service Ambassadors for Youth award. Jillian (On Motion to Suspend the Rules and Pass, Carrier Planning Activity (CPA), located at Blue-Norton is an 8th grader at Moore Middle as Amended H.R. 1123) I was unavoidably Norfolk Naval Shipyard, include oversight of School and received this award because her detained and did not cast my vote. Had I been the overall planning, direction and timely exe- determination and hard work have allowed her present, I would have voted, ‘‘yea.’’ cution of CPA’s mission to provide centralized to overcome adversities. f aircraft carrier life cycle management and The dedication demonstrated by Jillian Blue- SUPPORT FOR H.R. 938 AS maintenance engineering. Prior to his joining Norton is exemplary of the type of achieve- AMENDED the PEO Carriers Team, Mr. Cumming spent ment that can be attained with hard work and over 26 years with the Engineering Division at perseverance. It is essential students at all HON. MIKE KELLY Norfolk Naval Shipyard where he progressed levels strive to make the most of their edu- OF PENNSYLVANIA from a design engineer for electronics counter- cation and develop a work ethic which will IN THE HOUSE OF REPRESENTATIVES measures to eventually becoming the Planning guide them for the rest of their lives. Yard Division Head. I extend my deepest congratulations to Wednesday, March 12, 2014 His post retirement plans include more trav- Jillian Blue-Norton for winning the Arvada Mr. KELLY of Pennsylvania. Mr. Speaker, I eling, spending time with family, gardening Wheat Ridge Service Ambassadors for Youth rise today in strong support of H.R. 938, the and continuing to work with youth through the award. I have no doubt she will exhibit the United States-Israel Strategic Partnership Act Young Life Ministry. Mr. Cumming currently same dedication and character in all of her fu- of 2014. lives with his wife Laurie in Virginia Beach. ture accomplishments. At a time of regional turmoil and uncertainty, Mr. Speaker, I ask that you join with me f as Iran continues its relentless drive for a nu- today to honor Mr. Cumming. His long and A RECORD OF SERVICE clear weapons capability, it is absolutely cru- dedicated service to the United States of cial that we stand shoulder-to-shoulder with America is an inspiration to all of us. It is with Israel, our close friend and ally. great pride that I congratulate Mr. Cumming HON. SCOTT H. PETERS H.R. 938 strengthens this key alliance by on his retirement and wish him the best of OF CALIFORNIA designating Israel as a ‘‘major strategic part- luck in the future. IN THE HOUSE OF REPRESENTATIVES ner’’ of the United States. The U.S.-Israel rela- f Wednesday, March 12, 2014 tionship is truly multifaceted and thus this bill expands our cooperation in military and home- HONORING THE LIFE OF COACH Mr. PETERS of California. Mr. Speaker, I land security areas as well as in the areas of DON SHOWS rise today to recognize and applaud Todd Glo- trade, energy, water, and agriculture. ria on his excellent service as San Diego’s In- Passing this bill will give continued assur- HON. VANCE M. McALLISTER terim Mayor. ance to our ally Israel that the United States When Todd stepped in as Interim Mayor, OF LOUISIANA is no fair weather friend but is truly a friend for San Diegans needed a leader more than ever. IN THE HOUSE OF REPRESENTATIVES all seasons. Even during his short tenure, Todd was able I urge support for H.R. 938. Wednesday, March 12, 2014 to reenergize San Diego’s government. He f Mr. MCALLISTER. Mr. Speaker, I rise today continued his work from his position on the to honor the life of Coach Don Shows, who City Council, building the manufacturing and REGARDING H.R. 938 passed away on Monday, March 3, 2014 at technology sectors, creating more jobs for San the age of 75. Diegans. He also continued developing an in- HON. CHRIS VAN HOLLEN I am proud to recognize the life of such an novative solution for San Diego’s backlog of OF MARYLAND infrastructure projects. A true public servant, accomplished and admirable man, worthy of IN THE HOUSE OF REPRESENTATIVES high recognition. Coach Shows had the pleas- he has worked diligently at forward-thinking ure of coaching at four high schools in Lou- strategies to maintain San Diego as one of Wednesday, March 12, 2014 isiana, being named head coach of the West America’s finest cities. Mr. VAN HOLLEN. Mr. Speaker, I rise as a Monroe Rebels in 1989. No stranger to suc- In addition to his service as Interim Mayor, cosponsor of H.R. 938, the U.S.-Israel Stra- cess, Coach Shows led his team to eight state Todd has served as City Council President tegic Partnership Act. I want to thank Rep- championships during his tenure and was in- since 2013. We share many priorities: ensur- resentatives ROS-LEHTINEN and DEUTCH for ducted into the Louisiana Sports Hall of Fame ing the livelihood of the middle class, pro- their work on this important and broadly bipar- in 2011. tecting our environment in ways that actually tisan bill. Amongst his list of impressive achieve- address climate change, and keeping infra- H.R. 938 will help strengthen the strategic ments, perhaps the most notable is the life he structure in San Diego up-to-date and func- partnership the U.S. shares with Israel in addi- led both on and off the field, impacting the tional. I admire Todd for his commitment to tion to helping Israel better meet the new se- lives of not only the players he coached, but practical solutions and for his ability to get curity challenges it faces in the region. By en- the student body as well. Many students and things done. hancing cooperation between the U.S. and

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K12MR8.024 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS E368 CONGRESSIONAL RECORD — Extensions of Remarks March 12, 2014 Israel in such areas as intelligence, trade and dren, grandchildren, friends, and community. It First, let me say, I’m concerned that many energy, H.R. 938 continues our commitment to is my hope that today’s generation of young Marylanders, including my constituents, are helping Israel maintain its qualitative military men and women will follow the example of pa- struggling to sign up for health insurance edge while creating opportunities for U.S. triotism and dedication to freedom set by Mr. through the state-based Marketplace due to companies and educational institutions to ben- Harper. technical issues. With open enrollment coming Mr. Speaker, I ask my colleagues to join me efit from the deepening academic and com- to a close at the end of the month, I urge the mercial ties that will arise as a result of the today in honoring the life of Robert Harper. He Administration, state governments, and insur- bill. was a leader, parent, husband, friend, and ex- H.R. 938 also addresses homeland security ample to all of us. Countless lives have been ance carriers to come together to assist appli- priorities shared by our two countries by en- changed for the better by his brave efforts, cants in getting eligibility determinations and couraging our cooperation against cyber and he will remain in our hearts forever. enrolling in coverage as soon as possible. I threats and by advocating for the participation f appreciated the guidance provided by the of Israel in the Visa Waiver Program—when it Centers for Medicare and Medicaid Services JEREMY NELSON has fully met the requirements of membership. (CMS) last week that would allow consumers Permitting Israel to join the Visa Waiver Pro- the possibility of qualifying retroactive health gram should help reduce paperwork and make HON. ED PERLMUTTER insurance, tax credits and cost-sharing assist- OF COLORADO travel easier for citizens of both our countries. ance. It’s critical that CMS clarify that those in- IN THE HOUSE OF REPRESENTATIVES Membership in the program carries with it the dividuals who take retroactive coverage will be obligation of full reciprocity. To that end, as Wednesday, March 12, 2014 protected from any undue penalties for the the process moves forward, the State Depart- Mr. PERLMUTTER. Mr. Speaker, I rise months prior to the effective date of retroactive ment must work with Israel to ensure that all today to recognize and applaud Jeremy Nel- coverage. Americans are treated fairly in the program son for receiving the Arvada Wheat Ridge without any discrimination based on ethnicity, Service Ambassadors for Youth award. Jer- The bill on the floor today is not about help- religion or race. emy Nelson is an 8th grader at Drake Middle ing Marylanders or any other Americans, but f School and received this award because his rather about dismantling the Affordable Care determination and hard work have allowed him Act and putting health insurance further out of HONORING THE LIFE OF ROBERT to overcome adversities. HARPER reach for them. I want to be clear: the require- The dedication demonstrated by Jeremy ment that individuals take responsibility for en- Nelson is exemplary of the type of achieve- suring they have adequate health insurance HON. VANCE M. McALLISTER ment that can be attained with hard work and coverage was an idea espoused by the Herit- OF LOUISIANA perseverance. It is essential students at all age Foundation in the late 1980s. It was care- IN THE HOUSE OF REPRESENTATIVES levels strive to make the most of their edu- fully crafted and includes exemptions for indi- Wednesday, March 12, 2014 cation and develop a work ethic which will guide them for the rest of their lives. viduals facing hardships and those who can’t Mr. MCALLISTER. Mr. Speaker, I rise today I extend my deepest congratulations to Jer- afford insurance. Delaying the provision for ev- to honor the life of Mr. Robert Harper, who emy Nelson for winning the Arvada Wheat eryone for a year, according to the Congres- passed away on Tuesday, March 4, 2014, at Ridge Service Ambassadors for Youth award. sional Budget Office, would increase the num- the age of 88 at his home in West Monroe, I have no doubt he will exhibit the same dedi- ber of uninsured by one million this year and LA. cation and character in all of his future accom- two million in 2015, and lead to higher pre- Mr. Harper was born on August 9, 1925, in plishments. Center, TX. He was an Army Veteran and a miums. It’s obvious that delaying the provision World War II Prisoner of War. It is with great f will undermine the protections and reforms respect that I commend the service of this SUSPENDING THE INDIVIDUAL that have taken effect and will introduce more brave man who joined hands with countless MANDATE PENALTY LAW instability into market. others to fight for our great nation. We owe a EQUALS FAIRNESS ACT Mr. Speaker, I urge the House leadership to debt of gratitude to all POWs and MIAs for put an end to these Affordable Care Act re- weathering agonizing uncertainty during such SPEECH OF peal votes. We want to work with you to iden- trying times. We, and countless people around HON. CHRIS VAN HOLLEN tify parts of the law that can be improved and the world, are the beneficiaries of their cour- OF MARYLAND age, vigilance and bravery. develop serious solutions. Unfortunately, to- IN THE HOUSE OF REPRESENTATIVES In addition to his selfless service to our day’s bill is not one of them. I urge my col- country, Mr. Harper was a faithful servant to Wednesday, March 5, 2014 leagues to oppose it. Mt. Olive Baptist Church and his family. A de- Mr. VAN HOLLEN. Mr. Speaker, I rise today voted husband, father and grandfather, he will in opposition to H.R. 4118, the 50th vote to be dearly missed by his wife, Ellen, his chil- undermine the Affordable Care Act.

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A12MR8.027 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS March 12, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E369 SENATE COMMITTEE MEETINGS MARCH 26 tation Command in review of the De- 10 a.m. fense Authorization Request for fiscal Title IV of Senate Resolution 4, Committee on the Judiciary year 2015 and the Future Years Defense agreed to by the Senate of February 4, To hold hearings to examine reauthoriza- Program. 1977, calls for establishment of a sys- tion of the, ‘‘Satellite Television Ex- SD–G50 tem for a computerized schedule of all tension and Localism Act’’. 2:15 p.m. SD–226 Committee on Armed Services meetings and hearings of Senate com- Committee on Veterans’ Affairs Subcommittee on Emerging Threats and mittees, subcommittees, joint commit- To hold a joint hearing with the House Capabilities tees, and committees of conference. Committee on Veterans’ Affairs to ex- To hold hearings to examine prolifera- This title requires all such committees amine the legislative presentation of tion prevention programs at the De- The American Legion. partment of Energy and at the Depart- to notify the Office of the Senate Daily SD–G50 ment of Defense in review of the De- Digest—designated by the Rules Com- 2:15 p.m. Special Committee on Aging fense Authorization Request for fiscal mittee—of the time, place and purpose year 2015 and the Future Years Defense of the meetings, when scheduled and To hold hearings to examine preventing Medicare fraud, focusing on the best Program; with the possibility of a any cancellations or changes in the way to protect seniors and taxpayers. closed session in SVC–217 following the meetings as they occur. SD–562 open session. SR–222 As an additional procedure along 2:30 p.m. Committee on Armed Services with the computerization of this infor- Subcommittee on Readiness and Manage- APRIL 2 mation, the Office of the Senate Daily ment Support 9:30 a.m. Digest will prepare this information for To hold hearings to examine the the cur- Committee on Armed Services printing in the Extensions of Remarks rent readiness of United States forces Subcommittee on Readiness and Manage- in review of the Defense Authorization ment Support section of the CONGRESSIONAL RECORD Request for fiscal year 2015 and the Fu- To hold hearings to examine military on Monday and Wednesday of each ture Years Defense Program. construction, environmental, energy, week. SR–232A Committee on Armed Services and base closure programs in review of Meetings scheduled for Thursday, Subcommittee on Strategic Forces the Defense Authorization Request for March 13, 2014 may be found in the To hold hearings to examine strategic fiscal year 2015 and the Future Years Daily Digest of today’s record. forces programs of the National Nu- Defense Program. clear Security Administration and the SR–232A Office of Environmental Management 10 a.m. MEETINGS SCHEDULED of the Department of Energy in review Committee on the Judiciary of the Defense Authorization Request To hold hearings to examine the MARCH 25 for fiscal year 2015 and the Future Comcast-Time Warner Cable merger 9:30 a.m. Years Defense Program. and the impact on consumers. SR–222 Committee on Armed Services SD–226 Committee on Indian Affairs To hold hearings to examine U.S. Pacific To hold an oversight hearing to examine APRIL 3 Command and U.S. Forces Korea in re- the President’s proposed budget review of the Defense Authorization Re- quest for fiscal year 2015 for Tribal Pro- 9:30 a.m. quest for fiscal year 2015 and the Fu- grams. Committee on Armed Services ture Years Defense Program. SD–628 To hold hearings to examine the posture SD–G50 of the Department of the Army in re- 10 a.m. MARCH 27 view of the Defense Authorization Re- Committee on Foreign Relations 9:30 a.m. quest for fiscal year 2015 and the Fu- To hold hearings to examine Syria after Committee on Armed Services ture Years Defense Program. Geneva, focusing on the next steps for To hold hearings to examine the posture SD–G50 United States policy. of the Department of the Navy in re- SD–419 view of the Defense Authorization Re- APRIL 10 2:15 p.m. quest for fiscal year 2015 and the Fu- 9:30 a.m. Committee on Armed Services ture Years Defense Program. Committee on Armed Services Subcommittee on Emerging Threats and SD–G50 To hold hearings to examine the posture Capabilities of the Department of the Air Force in APRIL 1 To receive a closed briefing on challenges review of the Defense Authorization to maintaining United States military 9:30 a.m. Request for fiscal year 2015 and the Fu- technology superiority. Committee on Armed Services ture Years Defense Program. SVC–217 To hold hearings to examine U.S. Euro- SD–106 pean Command and U.S. Transpor-

VerDate Mar 15 2010 05:27 Mar 13, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\M12MR8.000 E12MRPT1 tjames on DSK3TPTVN1PROD with REMARKS Wednesday, March 12, 2014 Daily Digest Senate 1990 in each fiscal year for payments to Indian Chamber Action tribes and tribal organizations. Pages S1556, S1557 Routine Proceedings, pages S1531–S1596 Burr (for Lee) Modified Amendment No. 2821, to Measures Introduced: Fourteen bills and one reso- prohibit States from providing the Secretary with re- lution were introduced, as follows: S. 2111–2124, ports containing personally identifiable information. and S. Res. 382. Page S1584 Page S1568 Measures Reported: By a unanimous vote of 98 yeas (Vote No. 74), Harkin (for Landrieu/Mikulski) Amendment No. S. 2124, to support sovereignty and democracy in 2818, to require a statewide child care disaster plan. Ukraine. Page S1584 Pages S1555–56, S1568–69 Measures Passed: Mikulski (for Landrieu) Amendment No. 2813, to Sandia Pueblo Settlement Technical Amend- allow children in foster care to receive services under ment Act: Senate passed S. 611, to make a technical the Child Care and Development Block Grant Act amendment to the T’uf Shur Bien Preservation Trust of 1990 while their families (including foster fami- Area Act, after agreeing to the committee amend- lies) are taking necessary action to comply with im- ment in the nature of a substitute. Page S1595 munization and other health and safety require- Demonstrators in Venezuela: Senate agreed to S. ments. Pages S1559–62, S1569 Res. 365, deploring the violent repression of peaceful Mikulski (for Landrieu) Amendment No. 2814, to demonstrators in Venezuela, calling for full account- require the State plan to describe how the State will ability for human rights violations taking place in coordinate the services supported to carry out the Venezuela, and supporting the right of the Ven- Child Care and Development Block Grant Act of ezuelan people to the free and peaceful exercise of 1990 with State agencies and programs serving children in foster care and the foster families of such representative democracy. Page S1595 children. Pages S1559–62, S1569 Measures Considered: Harkin (for Bennet) Amendment No. 2824, to re- Child Care and Development Block Grant Act— quire States that elect to combine funding for early Agreement: Senate began consideration of S. 1086, childhood education and care to describe the manner to reauthorize and improve the Child Care and De- in which they use the combined funding. velopment Block Grant Act of 1990, after agreeing Pages S1562–66, S1569 to the motion to proceed, and taking action on the Scott/Landrieu Amendment No. 2837, to clarify following amendments proposed thereto: parental rights to use child care certificates. Pages S1531–32, S1539–69, S1569–70 Pages S1566–68, S1569 Adopted: Harkin (for Boxer/Burr) Amendment No. 2809, to By a unanimous vote of 98 yeas (Vote No. 72), amend the Crime Control Act of 1990 to improve Enzi Amendment No. 2812, to require the Secretary the quality of background checks for Federal agen- of Health and Human Services, in conjunction with cies hiring, or contracting to hire, individuals to the Secretary of Education, to conduct a review of provide child care services. Pages S1562–66, S1569 Federal early learning and care programs and make Pending: recommendations for streamlining the various pro- Harkin Amendment No. 2811, to include rural grams. Pages S1553–55, S1556 and remote areas as underserved areas identified in By 93 yeas to 6 nays (Vote No. 73), Harkin (for the State plan. Pages S1545–53 Franken) Amendment No. 2822, to reserve not less A unanimous-consent agreement was reached pro- than 2 percent of the amount appropriated under the viding for further consideration of the bill at 10:30 Child Care and Development Block Grant Act of a.m. on Thursday, March 13, 2014. Page S1596 D264

VerDate Sep 11 2014 10:46 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD14\MAR 2014\D12MR4.REC D12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D265 Message from the President: Senate received the Statements on Introduced Bills/Resolutions: following message from the President of the United Pages S1586–87 States: Additional Statements: Page S1580 Transmitting, pursuant to law, a report of the continuation of the national emergency with respect Amendments Submitted: Pages S1587–94 to Iran that was declared in Executive Order 12957 Authorities for Committees to Meet: on March 15, 1995; which was referred to the Com- Pages S1594–95 mittee on Banking, Housing, and Urban Affairs. Privileges of the Floor: Page S1595 (PM–35) Page S1581 Record Votes: Eight record votes were taken today. Nominations Confirmed: Senate confirmed the fol- (Total—74) Pages S1537–38, S1556–57, S1569 lowing nominations: By a unanimous vote of 98 yeas (Vote No. EX. Adjournment: Senate convened at 9:30 a.m. and 67), Carolyn B. McHugh, of Utah, to be United adjourned at 7:43 p.m., until 9:30 a.m. on Thurs- States Circuit Judge for the Tenth Circuit. day, March 13, 2014. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s Pages S1537, S1596 By a unanimous vote of 98 yeas (Vote No. EX. Record on page S1596.) 68), Matthew Frederick Leitman, of Michigan, to be United States District Judge for the Eastern District Committee Meetings of Michigan. Pages S1537, S1596 By a unanimous vote of 97 yeas (Vote No. EX. (Committees not listed did not meet) 69), Judith Ellen Levy, of Michigan, to be United APPROPRIATIONS: DEPARTMENT OF States District Judge for the Eastern District of HOMELAND SECURITY Michigan. Pages S1537–38, S1596 By a unanimous vote of 98 yeas (Vote No. EX. Committee on Appropriations: Subcommittee on Depart- 70), Laurie J. Michelson, of Michigan, to be United ment of Homeland Security concluded a hearing to States District Judge for the Eastern District of examine proposed budget estimates for fiscal year Michigan. Pages S1538, S1596 2015 for the Department of Homeland Security, By 60 yeas 37 nays (Vote No. EX. 71), Linda after receiving testimony from Jeh Johnson, Secretary Vivienne Parker, of Michigan, to be United States of Homeland Security. District Judge for the Eastern District of Michigan. AFGHANISTAN Pages S1538, S1596 Committee on Armed Services: Committee concluded a Sarah Bloom Raskin, of Maryland, to be Deputy hearing to examine the situation in Afghanistan, Secretary of the Treasury. Pages S1538–39, S1596 after receiving testimony from General Joseph F. Heather L. MacDougall, of Florida, to be a Mem- Dunford, Jr., USMC, Commander, International Se- ber of the Occupational Safety and Health Review curity Assistance Force, Department of Defense. Commission for a term expiring April 27, 2017. Pages S1569, S1596 DEFENSE AUTHORIZATION REQUEST AND France A. Cordova, of New Mexico, to be Director FUTURE YEARS DEFENSE PROGRAM of the National Science Foundation for a term of six Committee on Armed Services: Subcommittee on Stra- years. Pages S1569, S1596 tegic Forces concluded a hearing to examine military James H. Shelton III, of the District of Columbia, space programs in review of the Defense Authoriza- to be Deputy Secretary of Education. tion Request for fiscal year 2015 and the Future Pages S1569, S1596 Years Defense Program, after receiving testimony Bruce Heyman, of Illinois, to be Ambassador to from Douglas L. Loverro, Deputy Assistant Secretary Canada. Pages S1569, S1596 for Space Policy, John A. Zangardi, Deputy Assistant Messages from the House: Page S1581 Secretary of the Navy for Command, Control, Com- munications, Computers, Intelligence, Information Measures Referred: Page S1581 Operations, and Space, General William L. Shelton, Measures Placed on the Calendar: Pages S1531, USAF, Commander, Air Force Space Command, and S1581 Lieutenant General David L. Mann, USA, Com- Measures Read the First Time: Pages S1581, S1595 mander, Army Space and Missile Defense Command/ Executive Communications: Pages S1581–83 Army Forces Strategic Command, and Joint Func- tional Component Command for Integrated Missile Petitions and Memorials: Pages S1583–84 Defense, all of the Department of Defense; and Additional Cosponsors: Pages S1584–86 Cristina T. Chaplain, Director, Acquisition and

VerDate Sep 11 2014 10:46 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD14\MAR 2014\D12MR4.REC D12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE D266 CONGRESSIONAL RECORD — DAILY DIGEST March 12, 2014 Sourcing Management, Government Accountability Comptroller General of the United States, Govern- Office. ment Accountability Office. SUPERSTORM SANDY RECOVERY MINIMUM WAGE Committee on Banking, Housing, and Urban Affairs: Committee on Health, Education, Labor, and Pensions: Subcommittee on Housing, Transportation and Committee concluded a hearing to examine how a Community Development concluded a hearing to ex- fair minimum wage will help working families suc- amine Superstorm Sandy recovery, focusing on ensur- ceed, after receiving testimony from Thomas E. ing strong coordination among Federal, state, and local stakeholders, after receiving testimony from Perez, Secretary of Labor; Douglas W. Elmendorf, Shaun Donovan, Secretary of Housing and Urban Director, Congressional Budget Office; Heather Development; Mayor Matthew J. Doherty, Belmar, Boushey, Washington Center for Equitable Growth, New Jersey; Adam Gordon, Fair Share Housing Cen- and Simone Campbell, NETWORK, both of Wash- ter, Haddon Township, New Jersey; and Janice Fine, ington, D.C.; and Alicia McCrary, Northwood, Iowa. Rutgers School of Management and Labor Relations, NOMINATIONS Princeton, New Jersey. Committee on the Judiciary: Committee concluded a U.S. RETIREMENT SECURITY hearing to examine the nominations of Cheryl Ann Committee on Banking, Housing, and Urban Affairs: Krause, of New Jersey, to be United States Circuit Subcommittee on Economic Policy concluded a hear- Judge for the Third Circuit, who was introduced by ing to examine the state of United States retirement Senators Casey and Toomey, Richard Franklin security, focusing on the middle class, after receiving Boulware II, to be United States District Judge for testimony from Ted Wheeler, Oregon State Treas- the District of Nevada, who was introduced by Sen- urer, Portland; Monique Morrissey, Economic Policy ators Reid and Heller, Salvador Mendoza, Jr., to be Institute, Washington, D.C.; Robert Hiltonsmith, United States District Judge for the Eastern District Demos, New York, New York; and Kristi Mitchem, of Washington, who was introduced by Senator Mur- State Street Global Advisors, Woodside, California. ray, Staci Michelle Yandle, to be United States Dis- BUDGET trict Judge for the Southern District of Illinois, who was introduced by Senator Durbin, and Leon Rodri- Committee on the Budget: Committee concluded a hear- guez, of Maryland, to be Director of the United ing to examine the President’s proposed budget re- States Citizenship and Immigration Services, Depart- quest and revenue proposals for fiscal year 2015, ment of Homeland Security, after the nominees testi- after receiving testimony from Jacob J. Lew, Sec- fied and answered questions in their own behalf. retary of the Treasury. BUSINESS MEETING ELECTION ADMINISTRATION Committee on Foreign Relations: Committee ordered fa- Committee on Rules and Administration: Committee vorably reported an original bill entitled, ‘‘Support concluded a hearing to examine election administra- for the Sovereignty, Integrity, Democracy, and Eco- tion, focusing on innovation, administrative im- nomic Stability of Ukraine Act of 2014’’. provements and cost savings, including S. 2017, to amend the Help America Vote Act of 2002 to en- CREATING A 21ST CENTURY sure that voters in elections for Federal office do not GOVERNMENT wait in long lines in order to vote, and S. 85, to Committee on Homeland Security and Governmental Af- provide incentives for States to invest in practices fairs: Committee concluded a hearing to examine and technology that are designed to expedite voting management, focusing on creating a 21st century at the polls and to simplify voter registration, after government, and views on the progress and plans for receiving testimony from Senators Boxer and Coons; addressing government-wide management challenges, Linda H. Lamone, Maryland State Administrator of after receiving testimony from Beth Cobert, Deputy Elections, Annapolis; Tammy Patrick, Maricopa Director for Management, Office of Management and County Elections Department Federal Compliance Budget; Daniel M. Tangherlini, Administrator, Gen- Officer, Phoenix, Arizona; and Cameron P. Quinn, eral Services Administration; and Gene L. Dodaro, Fairfax County General Registrar, Fairfax, Virginia.

VerDate Sep 11 2014 10:46 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD14\MAR 2014\D12MR4.REC D12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D267 VETERANS’ PROGRAMS BUDGET Allison A. Hickey, Under Secretary for Benefits, Committee on Veterans’ Affairs: Committee concluded a Steve L. Muro, Under Secretary for Memorial Affairs, hearing to examine the President’s proposed budget Stephen W. Warren, Executive in Charge for Infor- request for fiscal year 2015 for Veterans’ Programs, mation and Technology, and Helen Tierny, Execu- after receiving testimony from Eric K. Shinseki, Sec- tive in Charge for the Office of Management, and Acting Chief Financial Officer, all of the Depart- retary, Robert A. Petzel, Under Secretary for Health, ment of Veterans Affairs. h House of Representatives Pursuant to the rule, an amendment in the nature Chamber Action of a substitute consisting of the text of Rules Com- Public Bills and Resolutions Introduced: 16 pub- mittee Print 113–43 shall be considered as an origi- lic bills, H.R. 4208–4223; 1 private bill, H.R. nal bill for the purpose of amendment under the 4224; and 2 resolutions, H. Res. 514 and 516, were five-minute rule. Page H2329 introduced. Pages H2360–61 Agreed to: Additional Cosponsors: Pages H2361–62 Cicilline amendment (No. 4 printed in part A of H. Rept. 113–378) that provides for transparent ac- Report Filed:A report was filed today as follows: counting of the costs of litigation, by requiring the H. Res. 515, providing for consideration of the Comptroller General of the United States to issue bill (H.R. 3189) to prohibit the conditioning of any quarterly reports to the House and Senate Judiciary permit, lease, or other use agreement on the transfer, Committees on the costs of civil actions, including relinquishment, or other impairment of any water any attorney fees, brought pursuant to this Act. right to the United States by the Secretaries of the Pages H2334–35 Interior and Agriculture; providing for consideration Rejected: of the bill (H.R. 4015) to amend title XVIII of the Conyers amendment (No. 1 printed in part A of Social Security Act to repeal the Medicare sustain- H. Rept. 113–378) that sought to exclude from the able growth rate and improve Medicare payments for bill’s scope any executive actions taken to combat physicians and other professionals, and for other pur- discrimination or to protect civil rights (by a re- poses; and providing for proceedings during the pe- corded vote of 188 ayes to 227 noes, Roll No. 120); riod from March 17, 2014, through March 21, 2014 Pages H2330–31, H2335–36 (H. Rept. 113–379). Page H2360 Nadler amendment (No. 2 printed in part A of Speaker: Read a letter from the Speaker wherein he H. Rept. 113–378) that sought to clarify that noth- appointed Representative Ros-Lehtinen to act as ing in the act limits or otherwise affects the con- Speaker pro tempore for today. Page H2305 stitutional authority of the executive branch to exer- Recess: The House recessed at 10:30 a.m. and re- cise prosecutorial discretion (by a recorded vote of 190 ayes 225 noes, Roll No. 121); and convened at 12 noon. Page H2308 Pages H2331–32, H2336–37 Chaplain: The prayer was offered by the guest chap- Jackson Lee amendment (No. 3 printed in part A lain, Reverend Jason Parks, Refuge Church, Hunts- of H. Rept. 113–378) that sought to protect the ville, Alabama. Page H2308 ability of the Executive Branch to comply with judi- ENFORCE the Law Act of 2014: The House cial decisions interpreting the Constitution or Fed- passed H.R. 4138, to protect the separation of pow- eral laws (by a recorded vote of 185 ayes to 231 ers in the Constitution of the United States by en- noes, Roll No. 122). Pages H2332–34, H2337 suring that the President takes care that the laws be H. Res. 511, the rule providing for consideration faithfully executed, by a recorded vote of 233 ayes of the bills (H.R. 4138) and (H.R. 3973), was to 181 noes, Roll No. 124. Pages H2319–40 agreed to by a recorded vote of 229 ayes to 192 Rejected the Ruiz motion to recommit the bill to noes, Roll No. 119, after the previous question was the Committee on the Judiciary with instructions to ordered by a yea-and-nay vote of 227 yeas to 190 report the same back to the House forthwith with nays, Roll No. 118. Pages H2311–19 an amendment, by a recorded vote of 187 ayes to Faithful Execution of the Law Act of 2014: The 228 noes, Roll No. 123. Pages H2338–39 House began consideration of H.R. 3973, to amend

VerDate Sep 11 2014 10:46 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD14\MAR 2014\D12MR4.REC D12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE D268 CONGRESSIONAL RECORD — DAILY DIGEST March 12, 2014 section 530D of title 28, United States Code. Con- APPROPRIATIONS—DEPARTMENT OF sideration is expected to resume tomorrow, March STATE FY 2015 BUDGET 13th. Pages H2340–48 Committee on Appropriations: Subcommittee on State Pursuant to the rule, an amendment in the nature and Foreign Operations, and Related Programs held of a substitute consisting of the text of Rules Com- a hearing on Department of State FY 2015 Budget. mittee Print 113–42 shall be considered as adopted. Testimony was heard from John Kerry, Secretary, Page H2340 Department of State. Pending: Ellison amendment (No. 1 printed in part B of H. APPROPRIATIONS—INSTALLATIONS, Rept. 113–378) that seeks to waive reporting re- ENVIRONMENT, ENERGY AND BRAC quirements provided in the bill if sufficient funds BUDGET AND OVERSIGHT FY 2015 are not available to generate the increased volume of BUDGET reports. Pages H2347–48 H. Res. 511, the rule providing for consideration Committee on Appropriations: Subcommittee on Mili- of the bills (H.R. 4138) and (H.R. 3973), was tary Construction, Veterans Affairs and Related agreed to by a recorded vote of 229 ayes to 192 Agencies held a hearing on Installations, Environ- noes, Roll No. 119, after the previous question was ment, Energy and BRAC Budget and Oversight FY ordered by a yea-and-nay vote of 227 yeas to 190 2015 Budget. Testimony was heard from John Con- nays, Roll No. 118. Pages H2311–19 ger, Acting Deputy Under Secretary, Defense for In- stallations and Environment; Dennis V. McGinn, Discharge Petition: Representative Schneider pre- Assistant Secretary, Navy, Energy Installations and sented to the clerk a motion to discharge the Com- Environment; Katherine Hammack, Assistant Sec- mittee on Rules from the consideration of H. Res. retary, Army, Installations, Energy and Environment; 490, to provide for the consideration of the bill and Kathleen I. Ferguson, Acting Principal Deputy (H.R. 3546) to provide for the extension of certain Assistant Secretary, performing duties as Assistant unemployment benefits, and for other purposes (Dis- Secretary, Air Force for Installations, Environment, charge Petition No. 8). and Logistics. Presidential Message: Read a message from the President wherein he notified Congress that the na- APPROPRIATIONS—DEPARTMENT OF tional emergency declared with respect to Iran is to TRANSPORTATION FY 2015 BUDGET continue in effect beyond March 15, 2014—referred to the Committee on Foreign Affairs and ordered to Committee on Appropriations: Subcommittee on Trans- portation, Housing and Urban Development held a be printed (H. Doc. 113–97). Page H2348 hearing on Department of Transportation FY 2015 Senate Message: Message received from the Senate Budget. Testimony was heard from Anthony Foxx, by the Clerk and subsequently presented to the Secretary, Department of Transportation. House today appears on page H2319. Senate Referral: S. J. Res. 32 was referred to the FISCAL YEAR 2015 NATIONAL DEFENSE Committee on House Administration. Page H2359 AUTHORIZATION BUDGET REQUEST— Quorum Calls—Votes: One yea-and-nay vote and DEPARTMENT OF THE NAVY six recorded votes developed during the proceedings Committee on Armed Services: Full Committee held a of today and appear on pages H2318, H2319, hearing on Fiscal Year 2015 National Defense Au- H2335–36, H2336–37, H2337, H2338–39, and thorization Budget Request from the Department of H2339–40. There were no quorum calls. the Navy. Testimony was heard from General James Adjournment: The House met at 10 a.m. and ad- F. Amos, USMC; Admiral Jonathan W. Greenert, journed at 8:13 p.m. USN, Chief of Naval Operations; and Ray Mabus, Secretary of the Navy.

Committee Meetings INDEPENDENT ASSESSMENTS OF THE APPROPRIATIONS—UNITED STATES FISCAL YEAR 2015 BUDGET REQUEST FOR COAST GUARD FY 2015 BUDGET SEAPOWER AND PROJECTION FORCES Committee on Appropriations: Subcommittee on Home- Committee on Armed Services: Subcommittee on land Security held a hearing on United States Coast Seapower and Projection Forces held a hearing on Guard FY 2015 Budget. Testimony was heard from Independent Assessments of the Fiscal Year 2015 Admiral Robert J. Papp, Jr., Commandant, United Budget Request for Seapower and Projection Forces. States Coast Guard. Testimony was heard from public witnesses.

VerDate Sep 11 2014 10:46 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD14\MAR 2014\D12MR4.REC D12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE March 12, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D269 INFORMATION TECHNOLOGY AND CYBER ARIZONA BORDER SURVEILLANCE OPERATIONS: MODERNIZATION AND TECHNOLOGY PLAN AND ITS IMPACT ON POLICY ISSUES IN A CHANGING BORDER SECURITY NATIONAL SECURITY ENVIRONMENT Committee on Homeland Security: Subcommittee on Committee on Armed Services: Subcommittee on Intel- Border and Maritime Security held a hearing entitled ligence, Emerging Threats and Capabilities held a ‘‘The Arizona Border Surveillance Technology Plan hearing entitled ‘‘Information Technology and Cyber and its Impact on Border Security’’. Testimony was Operations: Modernization and Policy Issues in a heard from Mark Borkowski, Assistant Commis- Changing National Security Environment’’. Testi- sioner, Office of Technology Innovation and Acquisi- mony was heard from General Keith Alexander, tion, Customs and Border Protection, Department of Commander, United States Cyber Command; and Homeland Security; and Rebecca Gambler, Director, Teresa Takai, Chief Information Officer, Department Homeland Security and Justice Issues, Government of Defense. Accountability Office. RAISING THE BAR: THE ROLE OF CHARTER EXPLORING ALTERNATIVE SOLUTIONS ON SCHOOLS IN K–12 EDUCATION THE INTERNET SALES TAX ISSUE Committee on Education and the Workforce: Full Com- Committee on the Judiciary: Full Committee held a mittee held a hearing entitled ‘‘Raising the Bar: The hearing entitled ‘‘Exploring Alternative Solutions on Role of Charter Schools in K–12 Education’’. Testi- the Internet Sales Tax Issue’’. Testimony was heard mony was heard from David Linzey, Executive Di- from public witnesses. rector, Clayton Valley Charter High School; Alyssa Whitehead-Bust, Chief of Innovation and Reform, MISCELLANEOUS MEASURES Denver Public Schools; and public witnesses. Committee on Oversight and Government Reform: Full EXAMINING THE MISMANAGEMENT OF Committee held a markup on the following legisla- THE STUDENT LOAN REHABILITATION tion: H.R. 4174, the ‘‘Alaska Bypass Modernization PROCESS Act of 2014’’; H.R. 3635, the ‘‘Safe and Secure Fed- eral Websites Act of 2013’’; H.R. 4193, the ‘‘Smart Committee on Education and the Workforce: Sub- Savings Act’’; H.R. 4192, to amend the 1910 committee on Higher Education and Workforce Heights of Buildings Act; H.R. 4185, the ‘‘District Training held a hearing entitled ‘‘Examining the of Columbia Courts, Public Defender Service, and Mismanagement of the Student Loan Rehabilitation Court Services and Offender Supervision Agency Act Process’’. Testimony was heard from public wit- of 2014’’; H.R. 4197, the ‘‘All Circuit Review Ex- nesses. tension Act’’; H.R. 4194, the ‘‘Government Reports CHEMICALS IN COMMERCE ACT Elimination Act’’; H.R. 4195, the ‘‘Federal Register Modernization Act’’; H.R. 1036, to designate the fa- Committee On Energy and Commerce: Subcommittee on cility of the United States Postal Service located at Environment and the Economy held a hearing enti- 103 Center Street West in Eatonville, Washington, tled ‘‘Chemicals in Commerce Act’’. Testimony was as the ‘‘National Park Ranger Margaret Anderson heard from public witnesses. Post Office’’; H.R. 1228, to designate the facility of REAUTHORIZATION OF THE SATELLITE the United States Postal Service located at 300 TELEVISION EXTENSION AND LOCALISM Packerland Drive in Green Bay, Wisconsin, as the ACT ‘‘Corporal Justin D. Ross Post Office Building’’; Committee on Energy and Commerce: Subcommittee on H.R. 1376, to designate the facility of the United Communications and Technology held a hearing en- States Postal Service located at 369 Martin Luther titled ‘‘Reauthorization of the Satellite Television King Jr. Drive in Jersey City, New Jersey, as the Extension and Localism Act’’. Testimony was heard ‘‘Judge Shirley A. Tolentino Post Office Building’’; from public witnesses. H.R. 1391, to designate the facility of the United States Postal Service located at 25 South Oak Street FEDERAL RESERVE OVERSIGHT: in London, Ohio, as the ‘‘Lance Corporal Joshua B. EXAMINING THE CENTRAL BANK’S ROLE McDaniels and Veterans Memorial Post Office IN CREDIT ALLOCATION Building’’; H.R. 1451, to designate the facility of Committee on Financial Services: Subcommittee on the United States Postal Service located at 14 Main Monetary Policy and Trade held a hearing entitled Street in Brockport, New York, as the ‘‘Staff Ser- ‘‘Federal Reserve Oversight: Examining the Central geant Nicholas J. Reid Post Office Building’’; H.R. Bank’s Role in Credit Allocation’’. Testimony was 1458, to designate the facility of the United States heard from public witnesses. Postal Service located at 1 Walter Hammond Place

VerDate Sep 11 2014 10:46 Oct 28, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD14\MAR 2014\D12MR4.REC D12MR4 ejoyner on DSK7QTVN1PROD with CONG-REC-ONLINE D270 CONGRESSIONAL RECORD — DAILY DIGEST March 12, 2014 in Waldwick, New Jersey, as the ‘‘Staff Sergeant Jo- rule makes in order as original text for the purpose seph D’Augustine Post Office Building’’; H.R. 1813, of amendment an amendment in the nature of a sub- to redesignate the facility of the United States Postal stitute recommended by the Committee on Natural Service located at 162 Northeast Avenue in Resources now printed in the bill and provides that Tallmadge, Ohio, as the ‘‘Lance Corporal Daniel Na- it shall be considered as read. The rule waives all than Deyarmin Post Office Building’’; H.R. 2062, to points of order against that amendment in the na- designate the facility of the United States Postal ture of a substitute. The rule makes in order only Service located at 275 Front Street in Marietta, those further amendments printed in part A of the Ohio, as the ‘‘Lance Corporal Joshua C. Taylor Me- Rules Committee report. Each such amendment may morial Post Office Building’’; H.R. 2391, to des- be offered only in the order printed in the report, ignate the facility of the United States Postal Service may be offered only by a Member designated in the located at 5323 Highway N in Cottleville, Missouri report, shall be considered as read, shall be debatable as the ‘‘Lance Corporal Phillip Vinnedge Post Of- for the time specified in the report equally divided fice’’; H.R. 3060, to designate the facility of the and controlled by the proponent and an opponent, United States Postal Service located at 232 South- shall not be subject to amendment, and shall not be west Johnson Avenue in Burleson, Texas, as the subject to a demand for division of the question. The ‘‘Sergeant William Moody Post Office Building’’; H.R. 3472, to designate the facility of the United rule waives all points of order against the amend- States Postal Service located at 13127 Broadway ments printed in part A of the report. The rule pro- Street in Alden, New York, as the ‘‘Sergeant Brett vides one motion to recommit with or without in- E. Gornewicz Memorial Post Office’’; H.R. 3609, to structions. In section 2, the rule provides a closed designate the facility of the United States Postal rule for H.R. 4015. The rule provides one hour of Service located at 3260 Broad Street in Port Henry, debate equally divided among and controlled by the New York, as the ‘‘Dain Taylor Venne Post Office chairs and ranking minority members of the Com- Building’’; H.R. 3765, to designate the facility of mittee on Energy and Commerce and the Committee the United States Postal Service located at 198 Baker on Ways and Means. The rule waives all points of Street in Corning, New York, as the ‘‘Specialist order against consideration of the bill. The rule pro- Ryan P. Jayne Post Office Building’’; H.R. 4189, to vides that the amendment printed in part B of the designate the facilities of the United States Postal Rules Committee report shall be considered as Service located at 4000 Leap Road, Hilliard, Ohio as adopted and the bill, as amended, shall be consid- the as the ‘‘Master Sergeant Shawn T. Hannon and ered as read. The rule waives all points of order Master Sergeant Jeffery J. Rieck and Veterans Me- against provisions in the bill, as amended. The rule morial Post Office’’. The following bills were ordered provides one motion to recommit with or without reported, as amended: H.R. 3635 and H.R. 1228. instructions. In section 3, the rule provides that on The following bills were ordered reported, without any legislative day during the period from March 17, amendment: H.R. 4193; H.R. 4197; H.R. 4195; 2014, through March 21, 2014: the Journal of the H.R. 4174; H.R. 4192; H.R. 4185; H.R. 4194; proceedings of the previous day shall be considered H.R. 1391; H.R. 1451; H.R. 1458; H.R. 1813; as approved; and the Chair may at any time declare H.R. 2062; H.R. 2391; H.R. 3060; H.R. 3472; the House adjourned to meet at a date and time to H.R. 3609; H.R. 3765; H.R. 4189; H.R. 1036; and be announced by the Chair in declaring the adjourn- H.R. 1376. ment. In section 4, the rule provides that the Speak- WATER RIGHTS PROTECTION ACT; AND er may appoint Members to perform the duties of THE SGR REPEAL AND MEDICARE the Chair for the duration of the period addressed by PROVIDER PAYMENT MODERNIZATION section 3. Testimony was heard from Chairman Has- ACT OF 2014 tings (WA) and Representatives Tipton, Napolitano, Polis, Burgess, and Gene Green (TX). Committee on Rules: Full Committee held a hearing on H.R. 3189, the ‘‘Water Rights Protection Act’’; and SCIENCE OF CAPTURE AND STORAGE: H.R. 4015, the ‘‘SGR Repeal and Medicare Provider Payment Modernization Act of 2014’’. The Com- UNDERSTANDING EPA’S CARBON RULES mittee granted, by record vote of 8–3, a structured Committee on Science, Space, and Technology: Sub- rule for H.R. 3189. The rule provides one hour of committee on Environment; and Subcommittee on general debate equally divided and controlled by the Energy held a joint subcommittee hearing entitled chair and ranking minority member of the Com- ‘‘Science of Capture and Storage: Understanding mittee on Natural Resources. The rule waives all EPA’s Carbon Rules’’. Testimony was heard from points of order against consideration of the bill. The public witnesses.

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COMMITTEE MEETINGS FOR THURSDAY, IMPLEMENTATION OF MAP–21 AND FISCAL MARCH 13, 2014 YEAR 2015 BUDGET REQUEST FOR (Committee meetings are open unless otherwise indicated) SURFACE TRANSPORTATION Committee on Transportation and Infrastructure: Sub- Senate committee on Highways and Transit held a hearing Committee on Appropriations: Subcommittee on Transpor- entitled ‘‘Oversight of the U.S. Department of tation and Housing and Urban Development, and Related Transportation’s Implementation of MAP–21 and Agencies, to hold hearings to examine an overview of Fiscal Year 2015 Budget Request for Surface Trans- proposed budget estimates for fiscal year 2015 for the Department of Transportation, 10 a.m., SD–138. portation’’. Testimony was heard from Peter M. Subcommittee on State, Foreign Operations, and Re- Rogoff, Acting Under Secretary for Policy, Office of lated Programs, to hold hearings to examine proposed the Secretary, Department of Transportation; Greg budget estimates for fiscal year 2015 for the Department Nadeau, Acting Administrator, Federal Highway of State and Foreign Operations, 10:30 a.m., SH–216. Administration; Therese McMillan, Acting Adminis- Committee on Armed Services: to hold hearings to examine trator, Federal Transit Administration; Anne S. United States Northern Command and United States Ferro, Administrator, Federal Motor Carrier Safety Southern Command in review of the Defense Authoriza- Administration; and David Friedman, Acting Ad- tion Request for fiscal year 2015 and the Future Years ministrator, National Highway Traffic Safety Ad- Defense Program, 9:30 a.m., SD–G50. ministration. Committee on Banking, Housing, and Urban Affairs: to hold hearings to examine the nominations of Stanley PRESIDENT’S FISCAL YEAR 2015 BUDGET Fischer, of New York, Jerome H. Powell, of Maryland, PROPOSAL—DEPARTMENT OF HEALTH and Lael Brainard, of the District of Columbia, all to be AND HUMAN SERVICES a Member of the Board of Governors of the Federal Re- serve System, Gustavo Velasquez Aguilar, of the District Committee on Ways and Means: Full Committee held of Columbia, to be Assistant Secretary of Housing and a hearing on the President’s Fiscal Year 2015 Budg- Urban Development, and J. Mark McWatters, of Texas, et Proposal with Department of Health and Human to be a Member of the National Credit Union Adminis- Services Secretary Kathleen Sebelius. Testimony was tration, 10 a.m., SD–538. heard from Kathleen Sebelius, Secretary, Department Committee on Commerce, Science, and Transportation: Sub- of Health and Human Services. committee on Aviation Operations, Safety, and Security, to hold hearings to examine the United States aviation industry and jobs, focusing on keeping American manu- Joint Meetings facturing competitive, 11 a.m., SR–253. LEGISLATIVE PRESENTATIONS Committee on Finance: to hold hearings to examine inno- Committee on Veterans’ Affairs: Senate committee con- vative ideas to strengthen and expand the middle class, 10 a.m., SD–215. cluded a joint hearing with the House Committee Committee on Foreign Relations: to hold hearings to exam- on Veterans’ Affairs to examine the legislative pres- ine Keystone XL and the National Interest Determina- entation of the Air Force Sergeants Association, tion, 11:15 a.m., SD–419. American Ex-Prisoners of War, Fleet Reserve Asso- Committee on Health, Education, Labor, and Pensions: to ciation, Gold Star Wives, Iraq and Afghanistan Vet- hold hearings to examine the Food and Drug Administra- erans of America, Non Commissioned Officers Asso- tion’s initiatives and priorities, focusing on protecting the ciation, Paralyzed Veterans of America, and Wound- public health, 9:30 a.m., SD–430. ed Warrior Project, after receiving testimony from Committee on Homeland Security and Governmental Affairs: John R. McCauslin, Air Force Sergeants Association, business meeting to consider the nomination of L. Regi- San Antonio, Texas; Charles Susino, Jr., American nald Brothers, Jr., of Massachusetts, to be Under Sec- Ex-Prisoners of War, Metuchen, New Jersey; Virgil retary of Homeland Security for Science and Technology, 9:55 a.m., SD–342. P. Courneya, Fleet Reserve Association, Carson City, Full Committee, to hold hearings to examine the Presi- Nevada; Jamie H. Tomek, Gold Star Wives of dent’s proposed budget request for fiscal year 2015 for America, Inc., Bowling Green, Missouri; Paul the Department of Homeland Security, 10 a.m., SD–342. Rieckhoff, Iraq and Afghanistan Veterans of Amer- Subcommittee on Emergency Management, Intergov- ica, New York, New York; H. Gene Overstreet, Non ernmental Relations, and the District of Columbia, to Commissioned Officers Association, Seguin, Texas; hold hearings to examine the President’s proposed budget

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request for fiscal year 2015 for the Federal Emergency Subcommittee on Commerce, Manufacturing, and Management Agency, 2:30 p.m., SD–342. Trade, hearing entitled ‘‘Improving Sports Safety: A Committee on Indian Affairs: to hold an oversight hear- Multifaceted Approach’’, 10:15 a.m., 2322 Rayburn. ing to examine tribal transportation, focusing on path- Committee on Financial Services, Full Committee, markup ways to infrastructure and economic development in In- on the following legislation: H.R. 3623, the ‘‘Improving dian country, 10 a.m., SD–628. Access to Capital for Emerging Growth Companies Act’’; Committee on the Judiciary: business meeting to consider H.R. 4164, the ‘‘Small Company Disclosure Simplifica- the nominations of Gregg Jeffrey Costa, of Texas, to be tion Act’’; H.R. 4167, the ‘‘Restoring Proven Financing United States Circuit Judge for the Fifth Circuit, Tanya for American Employers Act’’; H.R. 2672, the ‘‘CFPB S. Chutkan, to be United States District Judge for the Rural Designation Petition and Correction Act’’; H.R. District of Columbia, M. Hannah Lauck, to be United 3584, the ‘‘Capital Access for Small Community Financial States District Judge for the Eastern District of Virginia, Institutions Act of 2013’’; and Committee Views and Es- Leo T. Sorokin, to be United States District Judge for the timates on the President’s FY 2015 Budget Submission, District of Massachusetts, and John Charles Cruden, of 10 a.m., 2128 Rayburn. Virginia, to be an Assistant Attorney General, Depart- Committee on Foreign Affairs, Full Committee, hearing ment of Justice, 9:30 a.m., SD–226. entitled ‘‘Advancing U.S. Interests Abroad: The FY 2015 Select Committee on Intelligence: to hold closed hearings to Foreign Affairs Budget’’, 1:30 p.m., 2172 Rayburn. examine certain intelligence matters, 2 p.m., SH–219. Committee on Homeland Security, Full Committee, hearing entitled ‘‘The President’s FY 2015 Budget Request for House the Department of Homeland Security’’, 2 p.m., 311 Committee on Agriculture, Full Committee, markup to Cannon. consider Budget Views and Estimates Letter of the Com- Committee on the Judiciary, Subcommittee on Courts, In- mittee on Agriculture for the agencies and programs tellectual Property and the Internet, hearing on Section under jurisdiction of the Committee for FY 2015; H.R. 512 of Title 17, 9:30 a.m., 2141 Rayburn. 935, the ‘‘Reducing Regulatory Burdens Act of 2013’’; Committee on Natural Resources, Full Committee, markup and H. Con. Res. 86, Celebrating the 100th anniversary on the following legislation: H.R. 1192, to redesignate of the enactment of the Smith-Lever Act, which estab- Mammoth Peak in Yosemite National Park as ‘‘Mount lished the nationwide Cooperative Extension Service, 10 Jessie Benton Fre´mont’’; H.R. 1501, the ‘‘Prison Ship a.m., 1300 Longworth. Martyrs’ Monument Preservation Act; H.R. 3222, the Committee on Appropriations, Subcommittee on Defense, ‘‘Flushing Remonstrance Study Act; H.R. 3366, to pro- hearing on Department of Defense FY 2015 Budget, 10 vide for the release of the property interests retained by a.m., 2359 Rayburn. the United States in certain land conveyed in 1954 by Subcommittee on Homeland Security, hearing on U.S. the United States, acting through the Director of the Bu- Immigration and Customs Enforcement FY 2015 Budget, reau of Land Management, to the State of Oregon for the 10 a.m., 2362–A Rayburn. establishment of the Hermiston Agriculture Research and Subcommittee on Labor, Health and Human Services, Extension Center of Oregon State University in and Education and related Agencies, hearing on Depart- Hermiston, Oregon; and H.R. 4032, the ‘‘North Texas ment of Health and Human Services FY 2015 Budget, Invasive Species Barrier Act of 2014’’, 10:30 a.m., 1324 10 a.m., 2358–C Rayburn. Longworth. Subcommittee on Transportation, Housing and Urban Committee on Oversight and Government Reform, Sub- Development, hearing on Department of Housing and committee on National Security, hearing entitled ‘‘Status Urban Development FY 2015 Budget, 2 p.m., 2358–A of U.S. Foreign Assistance to Afghanistan in Anticipation Rayburn. of the U.S. Troop Withdrawal’’, 1:30 p.m., 2154 Ray- Committee on Armed Services, Full Committee, hearing burn. entitled ‘‘Recent Developments in Afghanistan’’, 10 a.m., Subcommittee on Federal Workforce, U.S. Postal Serv- 2118 Rayburn. ice, and the Census, hearing entitled ‘‘At a Crossroads: Subcommittee on Intelligence, Emerging Threats and the Postal Service’s $100 Billion in Unfunded Liabil- Capabilities, hearing on The Fiscal Year 2015 National ities’’, 1:30 p.m., 2247 Rayburn. Defense Authorization Budget Request from the U.S. Committee on Science, Space, and Technology, Subcommittee Special Operations Command and the Posture of U.S. on Research and Technology, markup on H.R. 4186, the Special Operations Forces, 2 p.m., 2212 Rayburn. ‘‘Frontiers in Innovation, Research, Science, and Tech- Committee on Education and the Workforce, Subcommittee nology Act of 2014’’, 9 a.m., 2318 Rayburn. on Workforce Protections, hearing on H.R. 3633, the Committee on Small Business, Subcommittee on Economic ‘‘Protecting Health Care Providers from Increased Ad- Growth, Tax and Capital Access, hearing entitled ‘‘Made ministrative Burdens Act’’, 10 a.m., 2175 Rayburn. in the U.S.A.: Small Business and a New Domestic Man- Committee on Energy and Commerce, Subcommittee on ufacturing Renaissance’’, 1 p.m., 2360 Rayburn. Health, hearing entitled ‘‘Keeping the Promise: Allowing Committee on Transportation and Infrastructure, Full Com- Seniors to Keep Their Medicare Advantage Plans If They mittee, markup on the following legislation: Fiscal Year Like Them’’, 10 a.m., 2123 Rayburn. 2015 Budget Views and Estimates of the Committee on

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Transportation and Infrastructure; H.R. 3678, to redesig- tion Capital Investment and Leasing Program resolutions, nate the lock and dam located in Modoc, Illinois, com- 10 a.m., 2167 Rayburn. monly known as the Kaskaskia Lock and Dam, as the Committee on Veterans’ Affairs, Full Committee, hearing ‘‘Jerry F. Costello Lock and Dam’’, and for other pur- entitled ‘‘U.S. Department of Veterans Affairs Budget Re- poses; H.R. 3786, to direct the Administrator of General quest for Fiscal Year 2015’’, 10 a.m., 334 Cannon. Services, on behalf of the Archivist of the United States, House Permanent Select Committee on Intelligence, Full to convey certain Federal property located in the State of Committee, hearing entitled ‘‘Ongoing Intelligence Ac- Alaska to the Municipality of Anchorage, Alaska; H.R. tivities; and meeting on Committee views and estimates 3998, the ‘‘Albuquerque, New Mexico, Federal Land on the President’s Budget for FY 2015; and member ac- Conveyance Act of 2014’’; H. Con. Res. 88, authorizing cess requests, 10 a.m., 304–HVC. Portions of the hearing the use of the Capitol Grounds for the Greater Wash- may close. ington Soap Box Derby; H. Con. Res. 92, authorizing the Joint Meetings use of the Capitol Grounds for the National Peace Offi- cers Memorial Service and the National Honor Guard and Joint Economic Committee: to hold hearings to examine Pipe Band Exhibition; and General Services Administra- the Economic Report of the President 2014, 2:30 p.m., 1100, Longworth Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 13 10 a.m., Thursday, March 13

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Complete consideration of H.R. morning business (not to extend beyond 10:30 a.m.), Sen- 3973—Faithful Execution of the Law Act of 2014. Con- ate will continue consideration of S. 1086, Child Care sideration of H.R. 3189—Water Rights Protection Act and Development Block Grant Act. (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Gardner, Cory, Colo., E360 Perlmutter, Ed, Colo., E357, E357, E358, E359, E360, Graves, Sam, Mo., E357, E357, E359 E361, E364, E365, E367, E368 Beatty, Joyce, Ohio, E359 Grayson, Alan, Fla., E362 Peters, Gary C., Mich., E364 Bishop, Sanford D., Jr., Ga., E359 Hastings, Alcee L., Fla., E357 Peters, Scott H., Calif., E367 Black, Diane, Tenn., E365 Holt, Rush, N.J., E361 Rigell, E. Scott, Va., E367 Coffman, Mike, Colo., E365 Huffman, Jared, Calif., E357 Sanchez, Loretta, Calif., E360 Connolly, Gerald E., Va., E365 Kelly, Mike, Pa., E365, E367 Conyers, John, Jr., Mich., E358 Kuster, Ann M., N.H., E359, E360 Schiff, Adam B., Calif., E366 Diaz-Balart, Mario, Fla., E364, E366 McAllister, Vance M., La., E367, E368 Tiberi, Patrick J., Ohio, E367 Dingell, John D., Mich., E358 McCarthy, Carolyn, N.Y., E357 Tipton, Scott R., Colo., E360, E361 Engel, Eliot L., N.Y., E361 McCollum, Betty, Minn., E362 Van Hollen, Chris, Md., E358, E361, E367, E368 Farr, Sam, Calif., E366 McIntyre, Mike, N.C., E360 Webster, Daniel, Fla., E364 Gabbard, Tulsi, Hawaii, E362 Pastor, Ed, Ariz., E366

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