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

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

Vol. 159 WASHINGTON, THURSDAY, SEPTEMBER 19, 2013 No. 124 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, proud to have him as our guest chap- called to order by the Honorable BRIAN PRESIDENT PRO TEMPORE, lain today. Washington, DC, September 19, 2013. SCHATZ, a Senator from the State of f Hawaii. To the Senate: Under the provisions of rule I, paragraph 3, RECOGNITION OF THE MAJORITY of the Standing Rules of the Senate, I hereby PRAYER LEADER appoint the Honorable BRIAN SCHATZ, a Sen- The PRESIDING OFFICER. Today’s ator from the State of Hawaii, to perform The ACTING PRESIDENT pro tem- opening prayer will be offered by Rev. the duties of the Chair. pore. The majority leader is recog- Kenneth Kolibas, pastor at St. Joseph PATRICK J. LEAHY, nized. President pro tempore. Church in Raritan, NJ. f Mr. SCHATZ thereupon assumed the The guest Chaplain offered the fol- SCHEDULE lowing prayer: chair as Acting President pro tempore. Let us pray. The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, following Dear Lord in Heaven, You blessed the pore. The majority leader. my remarks the Senate will be in a pe- creation of this great Nation of men Mr. REID. Mr. President, I yield to riod of morning business. The majority and women and today I ask for the con- the junior Senator from New Jersey to will control the first 30 minutes and tinuance of Your support and guidance speak about the Chaplain today. the Republicans will control the second of the women and men of the Senate. The ACTING PRESIDENT pro tem- 30 minutes. Following morning busi- Bless them with the wisdom necessary pore. The Senator from New Jersey. ness we will resume consideration of S. to make tough decisions concerning f 1392. our Nation and its well-being. Guide WELCOMING THE GUEST f them toward keeping our Nation CHAPLAIN ECONOMIC RECOVERY strong, free, and generous. Help them to use their talents and gifts to benefit Mr. CHIESA. Mr. President, I rise Mr. REID. Mr. President, it was our Nation and come to the aid of today to recognize my pastor, Father about five decades ago that Vice Presi- those in need. May they be the best of Ken Kolibas, who is joining us here in dent Humphrey predicted it was pos- teachers as role models for the future Washington today. sible to eradicate poverty in America. generations of our country. Please I am honored and delighted that Fa- In fact, this is what he said: ‘‘We can bless them with good health and the ther Ken Kolibas, pastor of the Church banish hunger from the face of the ability to do the work that is brought of St. Joseph in Raritan, NJ, is serving Earth.’’ That was in 1965. before them. Amen. as our guest chaplain today. Father Today, in 2013, there are more than 50 Ken is the pastor and spiritual leader million people living in the United f for the people of St. Joseph’s and for States—including 150,000 families in the larger community. Nevada—who don’t know where their PLEDGE OF ALLEGIANCE Father Ken began his working career next meal will come from. In the rich- The Presiding Officer led the Pledge as a small businessman in New Jersey. est country in the world, one in six is of Allegiance as follows: When he was 23 years old, he opened in danger of going to bed hungry to- I pledge allegiance to the Flag of the Ken’s Flowers and Gifts in Carteret, night, and half of those people are chil- United States of America and to the Repub- NJ. He quickly became a respected dren. lic for which it stands, one nation under God, leader of the business community. But But despite these sobering numbers— indivisible, with liberty and justice for all. Father Ken later received and an- and despite these difficult economic swered the call to ministry, and he now times—House Republicans have turned f dedicates his life to our spiritual their backs on American families growth. His commitment and gen- struggling to put food on the table. It APPOINTMENT OF ACTING erosity to the members of our parish is is true the bill being considered in the PRESIDENT PRO TEMPORE unwavering, and his door is open to House of Representatives today would The PRESIDING OFFICER. The anyone who seeks his guidance. save $40 billion. How would it save that clerk will please read a communication The Church of St. Joseph’s is nearing $40 billion? By snatching food out of to the Senate from the President pro the conclusion of its year-long celebra- the hands of millions of the neediest tempore (Mr. LEAHY). tion of its 100th year. We are fortunate children and their families. The assistant legislative clerk read at St. Joseph’s to have Father Ken as Why are there people on food stamps? the following letter: our pastor and our leader, and I am We have tried to create a safety net so

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

S6611

VerDate Mar 15 2010 23:32 Sep 19, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.000 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6612 CONGRESSIONAL RECORD — SENATE September 19, 2013 these people have at least the basics of good piece of legislation that will Mr. MCCONNELL. Mr. President, I being able to have a meal during the make America like all modern nations ask unanimous consent that the order day. and have health care for everybody, for the quorum call be rescinded. House Republicans are determined to with rare exception. The ACTING PRESIDENT pro tem- gut the nutrition assistance program Watching the Republican Party self- pore. Without objection, it is so or- in the name of austerity, even though destruct—and that is not coming from dered. 9 out of 10 recipients are families with me; that is what pundits are saying all f children, senior citizens, or people with over the country—would be good polit- disabilities. These needy Americans ical theater, to watch them self-de- RECOGNITION OF THE MINORITY aren’t exactly living a life of excess on struct—and that is what they are LEADER the government’s dime. They get about doing—if there were not so much at The ACTING PRESIDENT pro tem- $4 in food assistance each day. stake. pore. The Republican leader is recog- One of my favorite things I like to do The economic consequences of a gov- nized. in Nevada and here in Washington is to ernment shutdown are deadly serious. go grocery shopping. It is such a diver- Even today, when I had my news brief- f sion for me. I love going grocery shop- ing—the Republicans are openly fight- UNANIMOUS CONSENT REQUEST— ping to look around, buy things. ing against each other now. Senate Re- S. 1514 Landra and I are without our children publicans are saying, Well, we know we Mr. MCCONNELL. Mr. President, I and our grandchildren—we live alone— don’t have enough votes to get rid of ask unanimous consent that the Sen- but we still buy food and I enjoy that ObamaCare, but let’s send it back to ate proceed to the immediate consider- so very much. So I have a good idea the House and let them hang tough. ation of Calendar No. 191, S. 1514, the how much $4 will buy, or $4.50 to be The House Republicans are saying, Saving Coal Jobs Act. I ask unanimous specific. That is enough money to buy, Why aren’t the Senate Republicans consent that the bill be read a third if one is lucky, a pound of hamburger. doing it themselves? time and passed without intervening They have different grades of ham- The consequences of a government action or debate, and the motion to re- burger. They have the expensive kind, shutdown are deadly serious. The eco- consider be laid upon the table. the not so expensive, and then the nomic consequences of a first-ever de- The ACTING PRESIDENT pro tem- cheaper kind. Even for the cheaper fault on the full faith and credit of the pore. Is there objection? kind, $4 couldn’t buy a pound of that United States are deadly serious. Look Mr. REID. Mr. President, reserving most of the time. A gallon of milk what happened last time they threat- the right to object, I know how impor- costs about four bucks. So a person ened this: The stock market dropped tant coal is to the States of Kentucky, couldn’t buy them both on the same 2,000 points. We lost our credit rating. West Virginia, Indiana, and a lot of day; a person certainly couldn’t buy It dropped. States feel very strongly about coal. hamburger and milk on the same day. Anyone listening to this doesn’t have It is possible to make important re- We will be happy to work with the Re- to take my word for it. The U.S. Cham- publican leader and others who are forms to both farm and food stamp pro- ber of Commerce, not noted for being grams without balancing the budget on concerned about the coal issue in the this base of liberality in the country, United States to come up with a proce- the backs of people who are hungry. wrote to Members of the House yester- But instead of cutting waste and elimi- dure where we can try to figure out a day, saying: Prevent a shutdown. Ease way to get a vote on this and have a nating fraud, the House Republicans the fears of default. Specifically, here would cut lunches for 210,000 children reasonable debate on it. So I will be is what they said: happy to work with the Republican and eliminate food assistance for It is not in the best interests of the United 170,000 veterans. leader, but based on my brief review, I States or its business community or the think it best now for me to object, and There is another way. It was done American people to risk even a brief govern- here in the Senate under the direction ment shutdown that might trigger disruptive I do object. of Chairwoman STABENOW: the bipar- consequences or raise new policy uncertain- The ACTING PRESIDENT pro tem- tisan Senate agricultural bill, passed ties washing over the U.S. economy. pore. Objection is heard. under her direction and that of the The quote continues: f ranking member. It saves $23 billion Likewise, the U.S. Chamber respectfully WAR ON COAL without forcing needy children to skip urges the House of Representatives to raise meals. It does it fairly. If the Senate the debt ceiling in a timely manner and thus Mr. MCCONNELL. Mr. President, I farm bill came to the House of Rep- eliminate any question of threat to the full might say we have a genuine emer- resentatives floor, it would pass over- faith and credit of the United States. gency in Kentucky—a depression in whelmingly, but the Republican leader- But in spite of these warnings from eastern Kentucky—as a result of what ship won’t let Democrats vote. That is the largest business organization in the this administration has done and is why they will probably pass this very country, Republicans either don’t real- about to further do this very week, di- mean-spirited piece of legislation ize the stakes or simply don’t care. rected at the jobs and livelihood of my today, because only Republicans will They are willing to put the Nation’s constituents. So it is for us a genuine be allowed to vote on it. economic recovery at risk to make an emergency. The House Republican leadership re- ideological point. The EPA is due this week to an- fuses to consider any bill that would What remains to be seen is how many nounce regulations capping carbon garner votes from both parties. Leave innocent Americans will be hurt by emissions on new coal-fired power- it to the House of Representatives to their reckless political games. How plants. It is just the latest administra- take the hard way whenever possible. many children will go to school with- tion salvo in its never-ending war on These same reckless Republicans are out breakfast? How many workers will coal, a war against the very people who also determined to take the uphill lose their jobs? How many seniors will provide power and energy for our coun- route to passing a CR—a continuing lose their retirement? How many busi- try. The EPA has already stifled the resolution. What does that do? It funds nesses will lose their hard-earned in- permitting process for new coal mines. the government. Instead of doing what vestments if Republicans tank the The Agency has done this so dramati- is necessary to keep the economy on a economy? cally that they have effectively shut firm footing, Republicans are obsessed I only hope the anarchists in the down many coal mines through illegit- with denying and undermining the law House of Representatives come to their imate, dilatory tactics. of the land—ObamaCare. Remember, senses before it is too late. The EPA’s actions ignore the thou- the law passed about 4 years ago and I note the absence of a quorum. sands of people in my home State of the Supreme Court declared it con- The ACTING PRESIDENT pro tem- Kentucky who depend on the coal in- stitutional. Many good things are al- pore. The clerk will call the roll. dustry for their livelihoods. Ken- ready working to keep people who are The assistant legislative clerk pro- tucky’s own Jimmy Rose, a veteran sick from declaring bankruptcy. It is a ceeded to call the roll. and former coal miner, said it best in

VerDate Mar 15 2010 23:32 Sep 19, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.001 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6613 the title to his song: ‘‘Coal Keeps the some agreement on our farm legisla- a few months ago with 66 votes, a very Lights On.’’ Coal keeps the lights on. tion before we revert to the 1949 farm bipartisan vote. That is the solution. In the year President Obama took of- policy in this country. That is the solution of us working to- fice, there were over 18,600 employed in Let me make this very clear to the gether. the coal industry in my State. Over American people and to my colleagues. Unfortunately, again we have people 18,600 Kentuckians were employed in This has nothing to do with the tradi- down the hall in the House of Rep- the coal industry in my State the year tional battle lines in agriculture. This resentatives who are going to put that President Obama took office. But as of is not one of those Midwest farming in jeopardy with a ‘‘my way or the September 2013—this month—the num- versus Southern farming type sce- highway’’ political solution. This is not ber of persons employed in Kentucky narios. This is not a specialty crop good for the country. coal mines is down to 13,000. That is versus a row crop type issue. This has I think the reason some of these 18,600 when the President took office; nothing to do with that at all. It is an folks are doing this is because they do 13,000 today employed in coal mines in ideological fight, where we see not understand the impact their deci- my State. hyperpartisanship and gridlock politics sion could have on this country. But The picture is actually getting worse taking over the Congress. let me put it in perspective. When we instead of better. This week a major Today, the House of Representatives look at America, there are lots of dif- employer announced 525 layoffs in east- has a vote. It is a very important vote. ferent ways to look at agriculture and ern Kentucky mines. This news iron- What they are proposing is that they look at our economy and look at the ically came out on the same day the cut $40 billion from the nutrition title global economy, but one way is this: President announced that his pro- over 10 years. That is $40 billion. We have several core strengths in the posals, according to him anyway, are Here again, this is not about a tradi- U.S. economy. We do some things bet- helping to strengthen the economy. tional fight that you see and you have ter than anybody else in the world, and Try and tell that—try and tell that—to seen for decades in agriculture. This is one of those is agriculture. the hard-working coal miners in east- about hunger in America. It is a sad If we look at investment, if we look ern Kentucky that this is a way to fact. It is something that maybe people at innovation, if we look at new farm- strengthen the economy. These people in this building do not like to acknowl- ing practices and ways to conserve are now trying to figure out how to edge. But we have people who are hun- water—how to get more per acre—all feed their families and pay their bills. gry in this country. They may be peo- these things that improve and increase Kentucky coal miners have suffered ple with whom we go to church. They production and nutrition, et cetera, et far too much already. Congress cannot may be our neighbors. They may be cetera, et cetera, they come from idly sit by and let the EPA unilaterally friends, coworkers, folks with whom we America. It is one of the core strengths destroy a vital source of energy and a graduated from high school. They of the U.S. economy. Everybody in the vital source of employment. That is could be seniors or children or the world wants to be like America when it the reason I sought a few moments ago working poor. But we have people in comes to agriculture. Everybody wants to bring up and pass the Saving Coal this country who are hungry today. what we have. They copy us. They Jobs Act. Saving coal jobs is the single Can you imagine America being the model what they do after this country. most important accomplishment in the land of plenty and having hungry peo- It is something we should be proud of. near term for the people of Kentucky. ple and having folks in this building— I know inside the beltway it is not very It is a combination of two bills, both of in the Chamber of the House of Rep- exciting, it is not very flashy, but we which have languished in committee resentatives—voting to not lend a help- have the safest and highest quality for literally months. ing hand when people need it the most? and, in relative terms, the cheapest The bill would essentially repeal the I am reminded of that great song, food supply in the entire world. It is administration’s declaration of war ‘‘America the Beautiful,’’ where it one of the true reasons for America’s against coal. The first part of the bill starts out: strength. would prevent the EPA from regulating O beautiful for spacious skies, But, unfortunately, if we do not pass carbon on new and existing coal plants; For amber waves of grain, a new farm bill by September 30, we the second would force the EPA to stop For purple mountain majesties run the risk of putting all that in jeop- Above the fruited plain! stalling on mining permits. ardy, and there could be dire con- It is time to act on the Saving Coal It goes on and on and on to talk sequences. There is no question about Jobs Act. The time to act is now. This about the riches of this great country. it. If we talk to all the experts, talk to is a genuine emergency in the Com- But, unfortunately, as I said, today we all the economists, talk to the people monwealth of Kentucky. have way too much hunger in our Na- who understand this, what we can see tion. very clearly is that crop prices will de- f The Congress can do something about stabilize, and that means some prices RESERVATION OF LEADER TIME that. The Congress can do something will go up, some will go down. about it. In fact, the Senate already For example, soybean farmers all The ACTING PRESIDENT pro tem- has done something about it. Thanks over this country are going to lose pore. Under the previous order, the to Senator STABENOW and Senator their crop support. They are going to leadership time is reserved. COCHRAN and the bipartisan efforts on lose that protection that has been f the Senate Agriculture Committee, there since the 1960s. Because it was MORNING BUSINESS they made responsible reforms in not there in 1949, it will be gone, and SNAP, in other nutrition programs to that will be devastating to the soybean The ACTING PRESIDENT pro tem- streamline and fix and correct and im- industry. That is just one little piece of pore. Under the previous order, the prove the nutrition title. They went the puzzle. Senate will be in a period of morning after what we are concerned about, I could go on and on. We have a huge business for 1 hour, with Senators per- such as waste and abuse of the system, trade deficit in this country. We know mitted to speak therein for up to 10 and fraud. We all know you have some that. But our saving grace, when it minutes each, with the time equally di- of that in these programs. But we have comes to trade, is agriculture. Those vided and controlled between the two a saying in our State. It is kind of a export programs to sell our ag products leaders or their designees, with the ma- country saying. I know people have overseas will be lost if this agreement jority controlling the first half. heard it before. But we say: If it ain’t is not reached. The Senator from Arkansas. broke, don’t fix it. Our agriculture law Again, food prices will rise dramati- f in this country ain’t broke. cally. We have heard others talk about It can be improved, and I think that that even this morning. The Demo- THE FARM BILL is what the Senate has done. The Sen- cratic leader mentioned it. But it is Mr. PRYOR. Mr. President, I rise to ate has been responsible. The Senate going to hurt not only farmers, it is talk about the farm bill. Ten days, that has worked in a bipartisan way. Again, going to hurt families all over this is all the time we have to work out that bill passed through this Chamber country.

VerDate Mar 15 2010 23:32 Sep 19, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.003 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6614 CONGRESSIONAL RECORD — SENATE September 19, 2013 This is personal to me. I know in the Mr. DURBIN. Thank you very much, spending bill because of the objections Acting President pro tempore’s home Mr. President. from the other side of the aisle. They State of Hawaii they have a huge agri- f are being guided by a few Members cultural sector. I know it is very im- over there who are of a certain polit- FACING DEADLINES portant to his State. Everybody thinks ical faith that I cannot even describe of how beautiful Hawaii is and tourism Mr. DURBIN. Mr. President, the news who believe that chaos is the best. I do and all that, but agriculture is criti- out of Washington is not encouraging. not. cally important to his State’s econ- It looks as though we are facing a gov- I have been here for a little while. I omy, just like it is for the other 49 ernment shutdown and the possibility have found good-faith efforts by Mem- States. In almost every State—maybe of even a default on the debt. These are bers on both sides of the aisle. Many with one or two exceptions—agri- totally unnecessary. There is nothing Republican Senators—conservative, culture is very critical to that State’s that is forcing this, other than the po- yes, but sensible—are willing to sit economy. That is true for Arkansas. litical will of some people, and both are down and try to find answers to these Again, this is very personal for me. disastrous. issues. One in six jobs in our State is related Shutting down the government, of That is the right thing. Sadly, what directly or indirectly to agriculture. course, runs the risk of disrupting So- has happened over in the House is hard Agriculture—we love our Fortune 500 cial Security payments, veterans’ to explain. I read press reports. There companies. We love having them. We checks. It, of course, is damaging to are about 40 of the House Republicans have several that are based in Arkan- our economy. At a time when we are who are so-called tea party Repub- sas. We are proud of them. But 25 per- recovering, but slowly, and we need to licans who insist on shutting down the cent of our State’s economy is tied to create jobs, it does not make any government and insist as well on de- agriculture—25 percent. sense. faulting on our national debt. They So the question is, How do we fix We are facing a deadline, obviously, happen to believe that is a good way to this? It is something we will never hear of October 1 for a new fiscal year. We push their position opposing health on the talk shows. We will not hear the passed a budget in the Senate back at care reform, ObamaCare. They happen talking heads chatter on about this. the end of March, if I remember cor- to believe that is the way to convince But the way we fix it is to work in a bi- rectly. Senator PATTY MURRAY of the American people they are right. partisan way, to come together, to be Washington, the chairman of the Sen- I think they are completely wrong. I very responsible—as the Senate has ate Budget Committee, worked never thought I would ever come to the been on this issue—to put something through a budget that passed. We then floor of the Senate to quote Karl Rove. together, and to get it done. asked for the obvious: Let’s have a But in this morning’s Wall Street Jour- This is why groups in my State, such meeting with the House. It is con- nal, for goodness’ sake, he wrote a long as the Arkansas Farm Bureau, Agricul- trolled by Republicans. We have a article to his fellow Republicans say- tural Council of Arkansas, Riceland Democratic majority here. Why don’t ing: Wake up to reality. Independent Foods, Arkansas Rice Growers Associa- we sit down now and work out our dif- voters, those who do not declare for ei- tion, Tyson Foods, the Arkansas ferences? The difference between the ther political party across America, Cattlemen’s Association, et cetera, et two budgets, about $92 billion—sub- think the tea party Republican strat- cetera, et cetera—the list goes on—all stantial for sure but something that is egy is disastrous. supported what we did in the Senate, at least worth sitting down and dis- He warned the Republican Party: If and they do not support what is going cussing. you are not careful, you are going to on in the House right now. We came to the floor of the Senate push those Independents over onto the But even more important than the repeatedly asking for a chance to sit Democratic side. groups, I have been around my State, down and work it out. Sadly, three or Far be it for me to not want to see of course, all year—and over the last 10 four Senators on the other side of the that happen politically, but I certainly years. But during the August recess, I aisle continued to object. They would have to tell you that if it takes shut- went around the State, and every time not let us sit down and talk. They ting down the government and shut- I saw a farmer—and I literally talked would not let us try to find a bipar- ting down the economy, I do not want to hundreds of them—they said: Please, tisan solution to this challenge, and it it to happen. What Karl Rove has said please, don’t let this happen. Don’t let brings us to this moment. to his follow Republicans is: Look at this happen. Why do we want to put all Not having agreed on a budget reso- the reality of what you are doing to this at risk? What we have now is lution, we have been unable to pass ap- this party. You are destroying this working. Sure, we can make improve- propriations bills—though they are party for the next election—this morn- ments. Yes, we support the Senate bill. ready in the Senate. I know a little bit ing’s Wall Street Journal. Even though the Senate bill is not per- about this because my new responsi- I ask unanimous consent that article fect, we support that because we know bility in the Appropriations Committee be printed in the RECORD at the conclu- the importance of agriculture. is the largest single bill. The bill I have sion of my remarks. I would ask my House colleagues to worked on, with Senator COCHRAN, Re- Most people do not even understand please get themselves out of this manu- publican of Mississippi, is a bill that what a debt ceiling is. It is kind of hard factured crisis they have created for us covers all of the Defense Department for the average American to under- all. Let’s turn off the politics. Let’s and all of the intelligence agencies. I stand. Let me try to put it in simple work together. The American people will tell you, it is the largest and a terms. We spend more money than we are counting on us. huge portion of our national discre- raise in taxes. When we do that, we I yield the floor. tionary budget—almost 60 percent. have to borrow money. The good news The ACTING PRESIDENT pro tem- We are ready. We prepared the bill. is that the amount each year is coming pore. The assistant majority leader. We want to bring this bill before the down dramatically, so our annual defi- Mr. DURBIN. Mr. President, are we committee on the floor and have the cits are reducing, are coming down. in morning business at this time? debate that it deserves so our men and But when there is a difference, when The ACTING PRESIDENT pro tem- women in uniform are well served, our we spend more than we have, we have pore. We are. intelligence operations continue, and to borrow it. In order to borrow it, Mr. DURBIN. Does the majority have we acquire the necessities for the pro- there needs to be an overall authoriza- the control for an additional period of tection of America. Unfortunately, the tion of the government. It is called the time? same group that opposed sitting down debt ceiling. So as we, for example, The ACTING PRESIDENT pro tem- with the House Republicans and find- fund our military and borrow, say, 40 pore. Yes. ing a compromise has objected to tak- percent or 30 percent of what it takes Mr. DURBIN. How much time is re- ing up any spending bill on the floor of to fund our military, as we borrow maining? the Senate. that, we need an authorization to do it. The ACTING PRESIDENT pro tem- Where does that leave us? We have no There comes a point where we have pore. There is 201⁄2 minutes. budget, and we cannot take up a single used all our authority to borrow and

VerDate Mar 15 2010 23:32 Sep 19, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.005 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6615 we have to increase our authority to We changed some critical aspects of So when the Republicans say: We borrow, lift the debt ceiling to cover health insurance. Does anyone fol- want to abolish ObamaCare and health our new debt for money already spent, lowing this debate know of a person care reform, they want to abolish this money spent by Congress. Now we have with a preexisting condition—some- provision that will allow families to a position being taken by some tea body in your family who maybe has continue to cover their young people, party Republicans, who may have high blood pressure, high cholesterol, their kids until the age of 26, and they voted for the spending but now do not asthma, diabetes, a history of cancer? want to abolish the provisions which want to vote for the borrowing. They All of those things can disqualify you— say, basically, that those who are re- cannot have it both ways. or could before this bill passed—from ceiving Medicare prescription Part D What happens if we do not increase even having health insurance. will pay less out of pocket. the debt ceiling? What it means is that We said: That is the end of it. Health Those are just four or five parts of for the first time in the history of the insurance companies have to take ev- ObamaCare. The central part of it, United States of America, we will de- erybody—everybody. They cannot ex- which starts October 1—I think this is fault on our national debt—the first clude a person for a preexisting condi- what makes some politicians on the time. What does a default mean? Fami- tion. Take them all. Do not cherry- Hill especially nervous. October 1 they lies understand this and businesses un- pick the healthy people. Take them all. will advertise across America the in- derstand this. If you do not pay your The second thing we said was: Do not surance exchanges. What is an insur- debts as you are supposed to, bad put a limit on the amount of money a ance exchange? It is an opportunity for things can happen: foreclosure, legal health insurance policy will pay—for people to buy health insurance. proceedings, but at a minimum it de- obvious reasons. You go to the doctor Many of them have never, ever in stroys your credibility as a borrower. tomorrow, some member of your fam- their lives been able to shop for health When your credibility as a borrower ily gets a terrible diagnosis, a need for insurance. Now they can. If they are goes down, what happens? Interest cancer treatment, and the bills start low-income families, they may not rates go up for you. Translate that to stacking up. If your health insurance have to pay a premium or a reduced America. If we default on our debt, if policy has a cap or limit of, say, $50,000 premium under these insurance ex- we fail to raise the debt ceiling for the or $100,0000, when you reach that limit, changes. Are these insurance ex- first time in the history of the United there goes all of your savings. You are changes reliable, trustworthy? Can we States, interest rates go up. The dol- finished. count on them? We better because we So we eliminate the limits on cov- lars paid by American taxpayers to put in the law that Members of Con- erage in health insurance policies. build roads, educate children, defend gress now have to buy their insurance That is ObamaCare. When the Repub- the United States are diminished be- licans come to the floor and say: We on these very same health insurance cause we have to pay more and more want to abolish ObamaCare, they are exchanges. What is good for America for interest on the money we borrow. abolishing these protections in health should be good for Members of Con- Can we avoid this? Of course, we can. insurance. They are abolishing the progress. This is a self-imposed problem, a prob- In my State, there will be at least a vision which says you cannot discrimi- lem that has been imposed by the tea half dozen plans to choose from. In a nate because of preexisting conditions. party Republicans on the Congress and They are abolishing the provision that State such as California, when they an- on the Nation that is totally unneces- says there cannot be limits on your nounced their exchanges, they an- sary. coverage. They are abolishing the pro- nounced a reduction in premiums that Let me say a word or two about the vision which says 80 percent of the pre- people had to pay under those ex- underlying issue of ObamaCare. It has miums you pay have to be used by the changes. That is what we are looking been a little over 3 years now since we health insurance company to pay for for: competition, opportunity. People passed ObamaCare. The Supreme Court medical care, not for profit-taking, not can make their choice if they wish to took up the bill, found it constitu- for advertising but for actual medical go into the exchanges. Members of Con- tional. It is underway. Certain provi- care. gress and our staff people do not have sions of this bill are already underway. There is more. Parents who are rais- that choice. We are in them. That is The goal of it, of course, is to deal with ing children going to college—I went fine. I think it is going to be good the cost of health care and the avail- through that, my wife and I did with health insurance. I have no question it ability of health insurance in America. our kids. How many times are you will be in my State of Illinois. This is important to individuals and going to ask that young person just But to eliminate ObamaCare is to families and businesses. It is also im- graduating from college: Jennifer, do eliminate these health insurance ex- portant to our government. Sixty per- you have your health insurance, have changes, which means a lot of people, cent of our national deficit, 60 percent you bought any health insurance, and desperate for health insurance for the of our national debt projected for the then have them tell you: Dad, I feel first time in their lives, health insur- next 5 or 10 years is associated with the fine. ance they can afford, will not be able cost of health care. Let me tell you, as a parent, that is to do so. We buy a lot of health care as a Fed- not a good answer. But many students I do not think the bill we passed, eral Government: Medicare, for the el- graduating from college who cannot ObamaCare, health care reform, is a derly and disabled; Medicaid for those find a full-time job do not have health perfect bill. There is hardly anything who are low income; veterans, to make insurance. The Affordable Care Act, we do that is perfect or even close. I certain we keep our promise to them ObamaCare, says families can keep think it could be changed for the bet- for good medical care; Indian health those young people on their own health ter. I am open to that. I hope Members care; a variety of others. So as health insurance plan until they reach the age on both sides are. But that is not the care costs go up, the costs to the gov- of 26. Across America, over 1 million way it works here. In the House of Rep- ernment go up, and they squeeze out young people now have protection be- resentatives, they voted 41 times—41 all other spending, spending on medical cause of this. times—to destroy and eliminate research, education, helping students Also, in the Affordable Care Act, we ObamaCare—41 times. have the money they need to go to col- start reducing the out-of-pocket costs The Republican leader, Mr. CANTOR of lege. of prescription drugs for seniors under Virginia, offered one change in When we talk about the Affordable Medicare. Medicare prescription Part D ObamaCare that he thought made it Care Act and ObamaCare, we are talk- is the right thing to do. But there was better. His own party turned on him ing about dealing with a health care a so-called doughnut hole, this period and said: No, we do not want to im- issue that directly impacts the debt of where seniors had to pay out of their prove this bill. We want it to go down the United States of America. We pockets. We started closing that in flames. We do not want this law to passed this bill to try to start to re- doughnut hole to make sure seniors did go forward. It is not a positive view. duce the cost of health insurance and not lose their precious savings to buy A positive view is to take this meas- to make health insurance more avail- the medicine they needed to stay ure, improve it where we can, and work able. healthy and independent and strong. to make it part of America’s future,

VerDate Mar 15 2010 23:32 Sep 19, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.006 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6616 CONGRESSIONAL RECORD — SENATE September 19, 2013 such as Social Security, such as Medi- egy. House Republicans could pass a bill that The PRESIDING OFFICER. The Sen- care, such as Medicaid. These are pro- funds the government while killing all ator from Georgia. ObamaCare spending. But the Democratic grams which are critically important f to millions of Americans. Senate could just amend the measure to restore funding and send it back to the House. NATIONAL SUICIDE PREVENTION I am sorry we are facing this show- What then? Even the defund strategy’s au- MONTH down. But I hope what will happen in thors say they don’t want a government the Senate is this: I hope the Senate shutdown. But their approach means we’ll Mr. ISAKSON. Mr. President, Sep- does not go under cruise control fol- get one. tember is National Suicide Prevention lowing what we have seen from the After all, avoiding a shutdown would re- Month. I think as a member of the Vet- House Republican caucus, this notion quire, first, at least five Senate Democrats erans’ Committee, as an American, as a of doomsday scenarios and high noon voting to defund ObamaCare. But not a sin- Member of the Senate, it is important gle Senate Democrat says he’ll do that, and for us to pause for a minute and recog- scenarios and shutting down the gov- there is no prospect of winning one over. ernment, shutting down the economy. I Second, assuming enough Senate Demo- nize some alarming facts about suicide hope there will be reasonable, conserv- crats materialize to defund ObamaCare, the in America among our veterans. ative Republicans who will stand and measure faces a presidential veto. Repub- On average, every day, 365 days a say that is unacceptable. We are going licans would need 54 House Democrats and 21 year, 22 veterans who have served to sit down in good faith, bargain with Senate Democrats to vote to override the America take their own life in suicide. the Democrats in the Senate, to re- president’s veto. No sentient being believes That is 8,000 veterans a year, an alarm- solve whatever differences we can but that will happen. ing number that is growing. It is im- So what would the public reaction be to a portant for us to recognize the need to not to damage our government or our shutdown? Some observers point to the 1995 economy at this important moment in shutdown, saying the GOP didn’t suffer much see to it our veterans have access to our history. That kind of courage will in the 1996 election. They are partially cor- those things that can help to prevent be rewarded. It may not be popular rect: Republicans did pick up two Senate suicide and make sure it is minimized with some of the talking heads or seats in 1996. But the GOP also lost three and happens as little as possible. screaming heads in these shows on tel- House seats, seven of the 11 gubernatorial Recent surveys by VSOs—the vet- evision, but the American people are races that year, a net of 53 state legislative erans service organizations—have dem- seats and the White House. onstrated that an alarming number of looking for that kind of leadership on A shutdown now would have much worse both sides of the aisle. fallout than the one in 1995. Back then, seven veterans in America out of our 22 mil- They do not accept the notion that of the government’s 13 appropriations bills lion have actually considered suicide. shutting down the government and had been signed into law, including the two An even more alarming number actu- shutting down the economy is the best that funded the military. So most of the gov- ally knows someone who attempted to way to solve our political problems. ernment was untouched by the shutdown. take their life or, in fact, was success- The approval rating of Congress now is Many of the unfunded agencies kept oper- ful. ating at a reduced level for the shutdown’s about 11 percent. I am surprised many We know there are reasons that three weeks by using funds from past fiscal reach out and help us, and we know days that it is even that high. I did not years. know we had so many relatives and But this time, no appropriations bills have there are reasons that are hurting us. people on the payroll—11 percent. We been signed into law, so no discretionary One that is hurting us right now is long can do better if we face our problems spending is in place for any part of the fed- lines for veterans in need of mental and challenges honestly and deal with eral government. Washington won’t be able health. Mental health needs are an them in a way that does not hurt inno- to pay military families or any other federal emergency. They are time-sensitive. cent people and families across Amer- employee. While conscientious FBI and Bor- We need to improve our wait times so der Patrol agents, prison guards, air-traffic ica. they are not as long at our VA hos- controllers and other federal employees may pitals. I yield the floor. keep showing up for work, they won’t get There being no objection, the mterial paychecks, just IOUs. There is a nationwide shortage, both was ordered to be printed in the The only agencies allowed to operate with public and private, of mental health RECORD, as follows: unsalaried employees will be those that meet providers. We need to work to improve [From the Wall Street Journal, one or more of the following legal tests: the number of providers for our entire Sept. 19, 2013] They must be responding to ‘‘imminent’’ country. Scarce appointment times for emergencies involving the safety of human veterans because of their work or fam- KARL ROVE: THE GOP’S SELF-DEFEATING life or the protection of property, be funded ‘DEFUNDING’ STRATEGY ily obligations and scarce appointment by mandatory spending (such as Social Secu- times because of overworked VA hos- In 2010, Republicans took the House of Rep- rity), have funds from prior fiscal years that resentatives by gaining 63 seats. They also have already been obligated, or rely on the pitals make it sometimes difficult and picked up six U.S. senators and 675 state leg- constitutional power of the president. Fig- protracted for a veteran to receive islators, giving them control of more legisla- uring out which agencies meet these tests services. tive chambers than any time since 1928. The will be tough, but much of the federal gov- Most important to me are the gaps in GOP also won 25 of 40 gubernatorial races in ernment will lack legal authority to func- the continuum of service and treat- 2009 and 2010. tion. ment for a veteran under mental stress These epic gains happened primarily be- But won’t voters be swayed by the argu- and depression. I wish to focus on that cause independents voted Republican. In ments for defunding? The GPS poll tested 2010, 56% of independents voted for GOP con- the key arguments put forward by advocates for a moment. gressional candidates, up from 43% in 2008 of defunding and Mr. Obama’s response. Inde- Recently I held a VA field hearing in and 39% in 2006. pendents went with Mr. Obama’s counter- Atlanta, GA, because of the tragedy Today, independents look more like Re- punch 57% to 35%. Voters in Senate battle- that took place at the Atlanta VA. We publicans than Democrats, especially when ground states sided with him 59% to 33%. In had two suicides of veterans under the it comes to health care. In a new Crossroads lean-Republican congressional districts and care of the hospital and one overdose of GPS health-care policy survey conducted in in swing congressional districts, Mr. Obama drugs while someone was in the hos- 10 states likely to have competitive Senate won by 56% to 39% and 58% to 33%, respec- pital and under the care of the hos- races and in House districts that lean Repub- tively. On the other hand, independents sup- pital. lican or are swing seats, 60% of independents port by 51% to 42% delaying ObamaCare’s oppose President Obama’s Affordable Care mandate that individuals buy coverage or Those brought about an inspector Act. If this holds through 2014, then Repub- pay a fine. general’s report that made a plethora licans should receive another big boost in The desire to strike at ObamaCare is of recommendations to the Veterans’ the midterms. praiseworthy. But any strategy to repeal, Administration in Atlanta but also na- There is, however, one issue on which inde- delay or replace the law must have a credible tionwide on things the VA needed to do pendents disagree with Republicans: using chance of succeeding or affecting broad pub- to address those problems. To the cred- the threat of a government shutdown to lic opinion positively. it of Director Petzel, who is head of all defund ObamaCare. By 58% to 30% in the The defunding strategy doesn’t. Going GPS poll, they oppose defunding ObamaCare down that road would strengthen the presi- VA medical care, and Eric Shinseki, if that risks even a temporary shutdown. dent while alienating independents. It is an the Secretary of the Veterans’ Admin- This may be because it is (understandably) ill-conceived tactic, and Republicans should istration, the VA has begun taking ini- hard to see the endgame of the defund strat- reject it. tiatives to do so. We have to make sure

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.007 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6617 they accelerate those initiatives and While we have had tragedies at the don’t act. As I said, it is a very sober- provide the care that is necessary so Atlanta VA, things are improving. ing message, and it is also very dif- that wherever possible we eliminate While we have had tragedies and sui- ferent from the message President the wait times and the lack of con- cides across the country, we are finally Obama has been delivering lately. He tinuum of care. focusing on veteran suicide. likes to talk about America’s short- In a recent survey by the inspector Lastly, we need to focus on the fact term budget deficit falling. To remind general, they found that 20 percent of that there are many contributing fac- everybody, there is the debt and there veterans—one in five—who were re- tors to suicide. Many people will think is the deficit. The deficit we measure ferred to a private mental health pro- it is someone returning from Operation on an annual basis. Debt is the cumu- vider never received an appointment. Iraqi Freedom or Operation Enduring lative shortfall between what comes in That is one in every five veterans who Freedom. In some cases, that is true, the front door and what goes out the have come in and admitted they have a but more often than not veterans over back door. That debt is now about $17 problem. They may be at risk for tak- 50 are the victims of suicide. In fact, of trillion. ing their own life. They may be de- the ones in Atlanta, they were Viet- For these young people down here, pressed. That is unsatisfactory. nam-era veterans. that means they each owe about $52,000 One of the focuses we made in our It is important we understand that it because my generation and other hearing was bringing about better co- is every veteran who is at risk, that it adults have not been responsible, and ordination by the VA in terms of ac- is every veteran who needs access to we have shoved off onto the next gen- cessing community resources in mental treatment. We need to understand that eration the responsibilities we ought to health to see to it that we raised the we owe our veterans a big debt. It is be meeting ourselves. So here is the re- number of providers offering mental most important to see to it that they ality. Any short-term deficit reduction health services to our veterans. As I don’t lose their lives out of despair and will be meaningless unless we adopt said earlier in my remarks, suicide is depression, that their lives are saved longer term reforms. That means preventable. It is not preventable, how- because our VA cares enough to see to where the Federal Government spends ever, if there is no access to therapy, it that they have the continuum of most of its money, which is in manda- no access to consultation, and no ac- care and the access to help they so vi- tory spending—the spending that keeps cess for our veterans when they need it tally need. Social Security and Medicare, among the most. To the VA Administration, thanks other programs, going. We need to also Let me brag a little bit about the VA for the improvements you are making. bend the spending curve down so that and some of what they have done in re- To every Member of the Senate, let’s we are spending less money as well. cent years that was helped and give continue to support the Veterans’ Ad- The Congressional Budget Office esti- you some amazing statistics. mates, when we factor in the likely im- In 2007 the Veterans Crisis Line was ministration with the funding nec- pact of rising debt levels, the publicly conceived where veterans in trouble essary to deal with the more than 1 held debt is on course to reach 108 per- could call in and receive counseling. million new veterans returning home cent of our gross domestic product in More than 814,000 calls have been re- from the wars in the Middle East over 2038. The gross domestic product is ba- ceived by the Veterans Crisis Line the last decade. sically another way of saying the size since it opened, and 28,000 interven- I yield back the remainder of my tions have saved the lives of veterans. time, and I suggest the absence of a of our entire economy. So 108 percent There are 28,000 veterans who are alive quorum. of the size of our entire economy is today because of the crisis line. The ACTING PRESIDENT pro tem- their projection, and that is before we In 2009 the VA added an anonymous pore. The clerk will call the roll. include money the Federal Government online chat service where a veteran Mr. CORNYN. Mr. President, I ask effectively owes itself. could have a nonthreatening way of unanimous consent that the order for I realize 2038 sounds like a long time communicating and seeking therapy the quorum call be rescinded. from now. I remember as a kid I anonymously. There have been 94,000 The ACTING PRESIDENT pro tem- thought the year 2000 was going to be a calls since its inception. pore. Without objection, it is so or- long way away, but we now see that Most impressive to me is that in 2011 dered. only in our rearview mirror. But by the Veterans Crisis Line added texting f 2038, under current law, our net interest payments, as a share of our econ- as a way to expand its accessibility to FISCAL DISCIPLINE veterans. omy, will be 21⁄2 times greater than the If you are a veteran in crisis, we need Mr. CORNYN. Mr. President, earlier 40-year average. to make sure, as Senators and mem- this week the Congressional Budget Of- Let me boil that down a little bit. bers of the Veterans’ Committee, that fice released its latest long-term out- When we borrow money—because we you have the access you need to ther- look. Of course, the CBO, as it is are spending money we don’t actually apy and counseling when you need it. known around here, is the authori- have—that adds to our annual deficit. We all know that the tragedy of suicide tative guide to all things involving the But it also, over time, adds to our na- is terrible for a family and a horrible finances and the fiscal picture for the tional debt. We have to get somebody loss of a life that was sacrificed on be- Federal Government. That long-term to buy that debt so we can continue to half of the United States of America. outlook offered us a sobering reminder spend money we don’t have, so that we We owe it to ourselves to see that the the Federal Government cannot defy can continue to spend borrowed money. Veterans’ Administration continues to the laws of fiscal gravity forever. In We have to pay interest to our credi- improve access to mental health serv- other words, as every American tors. In other words, they are going to ices, continues to reduce their wait knows—every working family knows— expect a rate of return, as anybody times and long lines, and continues to your output can’t exceed your input would, when they loan somebody cooperate and reach out to the commu- forever. In other words, you can’t money. When China loans us money, it nity to bring in private providers on a spend more money than you have com- is not cost free. When they buy a huge referral basis so that veterans in need ing in. Unless you are the Federal Gov- portion of our national debt, it is not of care receive a referral and an ap- ernment, of course. But sooner or later cost free. pointment quickly. we will have to reverse the trend of Over time we will see interest rates— My last point is that it is important debt accumulation before it destroys which are really at historic lows now that the VA follow that veteran to see our economy, because our current path because of the aggressive action of the to it they keep that appointment. In is simply unsustainable. Federal Reserve keeping those interest the cases of the suicides in the Atlanta The crazy thing about it is that ev- rates low—go back up to historic VA, the failure to keep an appointment erybody in Washington, particularly norms, and then we are going to see or the failure to have a continuum of the Congress, knows that. Yet it seems that a larger and larger share of what care in the following of that veteran as though they are in a state of denial the Federal Government spends is substantially created and contributed about what could very well happen to merely to pay China and our other to the loss of life. our country and to our future if we creditors who buy our debt, unless we

VerDate Mar 15 2010 23:32 Sep 19, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.010 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6618 CONGRESSIONAL RECORD — SENATE September 19, 2013 take aggressive measures to begin to be hurt, and it will be far more difficult ployment since the Great Depression, bring our debt load down. to protect the most vulnerable among the last thing we need is another mas- The President and the Democrats fre- us from the harshest sort of cuts. sive tax increase that would discourage quently demand more spending on What I am suggesting makes sense. work, savings, and investment. We all things such as research and develop- Wouldn’t we prefer to be in control of know we cannot simply tax our way ment—that is a good thing—or infra- a gradual reform of our mandatory back into fiscal stability, and we can- structure—that is a good thing—yet spending programs that are phased in not spend our way back into economic they refuse to embrace the serious re- over years, in ways most Americans prosperity. If the President would forms necessary that enable us to do will not actually feel because it can be merely accept those two realities, we so. Here again, when the interest pay- done gradually? To me, it makes sense might finally get the kind of long-term ments on the debt invariably go up, to do that as opposed to watching the reforms and the real long-term spend- they will crowd out spending on other bottom drop out or just simply kicking ing cuts that might finally produce the priorities, such as research and devel- the can down the road. You know, they economic recovery America is des- opment, such as infrastructure, such as say: If you kick the can down the road perately waiting for and desperately education, and others that should be long enough, pretty soon you are going needs. among our national priorities. to run out of road. Mr. President, I yield the floor. The Congressional Budget Office Let me again quote from the Con- The ACTING PRESIDENT pro tem- projects that by 2038 total spending on gressional Budget Office. They said: pore. The Senator from Pennsylvania. At some point, investors will begin to everything other than major health f care programs, Social Security, and doubt the government’s willingness or ability to pay U.S. debt obligations, making it ENERGY EFFICIENCY net interest payments would decline to more difficult or more expensive for the gov- 7 percent of gross domestic product, ernment to borrow money. Moreover, even Mr. TOOMEY. Mr. President, I rise and that is down from 11 percent, before that point is reached, the high and this morning to address the energy effi- which is the average over the last 40 rising amount of debt that CBO projects ciency bill we have been attempting to years. That is the crowding-out effect I under the extended baseline would have sig- take up in this Chamber, and in par- was mentioning a moment ago. When nificant negative consequences for both the ticular an amendment I would like to we spend more and more money on economy and the Federal budget. offer to this bill. these other programs, it crowds out Mr. President, I ask unanimous con- I want to strongly urge my col- spending on other things necessary to sent for 2 additional minutes. leagues to please get on this bill. I real- keep our economy growing and to keep The ACTING PRESIDENT pro tem- ly wish we would do some business here people employed. pore. Without objection, it is so or- in the Senate. I think we are on our If we don’t start reforming our big- dered. way to our second consecutive week gest mandatory spending programs— Mr. CORNYN. Those negative con- where we have not had a single vote on sequences would include less private again, that is Social Security and a single legislative matter—at least investment; more Federal spending on Medicare—in a responsible way, it will not that I can remember—and we have interest, which I have talked about become much harder for the Federal important legislative issues to deal briefly; less flexibility to address unex- Government to perform its most basic with. I happen to think this is one of pected events, which you know always obligations and it will leave these them. There are many others. This is seems to occur—such as 9/11 or a nat- young people and others—such as my just not acceptable, that we go on and ural disaster—and more risk of a full- daughters, who are in their early thir- on without addressing the challenges blown debt crisis. ties—holding the bag, not only with To the extent President Obama and we need to address for the sake of the the debt I mentioned a moment ago, our friends across the aisle acknowl- people we represent—the American but also with broken programs that are edge our long-term debt problem, their people. unsustainable, that will not be there main solution seems to be always the I want to talk about one small par- for them when they turn 65 or when same: Let’s raise taxes some more. In ticular but important aspect. I have an they get older. fact, they are now trying to use tax re- amendment I have filed—and I thank It is a law of nature that you cannot form, which we thought should be rev- my cosponsors, Senators COBURN, keep spending money you don’t have, enue neutral, as a vehicle for another FLAKE, RISCH, and AYOTTE for joining and you can’t keep racking up debt for- $1 trillion tax increase. We are told me in this effort—which is an effort to ever without any consequences. The that is a condition of even talking repeal the renewable fuel standard. I only question is whether the reforms I about reforming our Tax Code, to make want to talk about why it is so impor- am talking about will be gradual—will it flatter, simpler, and more growth tant we do this. be phased in over time—or whether oriented. That is after the President First of all, the renewable fuel stand- they will be sudden and abrupt and dis- and his allies have already raised taxes ard is an old law that is on the books. ruptive. If we start now in a respon- by $1.7 trillion. So there is never It is a Federal Government mandate sible way, these reforms can be grad- enough to feed the beast of the Federal that we burn a certain amount, a cer- ual. Government here in Washington. It is tain volume of ethanol in our gasoline. Thank goodness, when Social Secu- insatiable. We have gotten to the point where rity was passed people didn’t live to be Meanwhile, to the extent the Presi- this year this mandate will require 80 years old, on average, and they dent acknowledges the need for Medi- that over 40 percent of all the corn we weren’t as productive as they are care reform, his proposals always in- grow in America be turned into ethanol today. That is a good thing. Modern volve more price controls, primarily on and burned in the gasoline tanks of our medicine and nutrition have made it the providers. Yet price controls have automobiles. We are literally burning possible for us to live longer, on aver- not solved Medicare’s fundamental cost our food. That is what we are doing on age, and to be much more productive. problems, and they won’t solve it in a very large scale. But we need to make sure we take into the future. They say: We can save The way this law works is it requires account, through Medicare and Social money on Medicare. We will just whack increases every year in the amount of Security, the fact that people are liv- the payments we make to doctors and ethanol we are forced to burn through ing longer and are more productive. We hospitals. I can tell you from talking our gasoline tanks. This policy is need to make certain our programs are to the hospitals and doctors in Texas— harmful to our environment, it is un- modernized to keep up with those facts who would like to see Medicare pa- ambiguously raising food prices, it and make sure they are available in tients but they can no longer afford to makes it more expensive to fill up at the future, particularly among our do so—that it is limiting access to the gas pump, and it is threatening most vulnerable citizens. If we wait health care by just dealing with Medi- good-paying jobs in Pennsylvania and until America is on the verge of a debt care on this basis of price controls and other States. It is time for this to go. crisis, the reforms will have to be ab- whacking payments to providers. What my amendment would do is rupt. In other words, when the bottom Amid the weakest economic recovery completely repeal this renewable fuel drops out, a lot of people are going to and the longest periods of high unem- standard, which is overdue. I know

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.011 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6619 there is broad support for peeling this weight loss. No good comes out of that workers in Delaware County. The point back, and I hope there is a majority in extra cost. It just reduces the standard that he makes is this: this body who would support this of living of everybody who is forced to Our resurrected refinery in Trainer, amendment if we could only get onto bear that cost. Pennsylvania once again needs your it. So I do very much hope we will. In addition to increasing fuel prices, intercession. The impact of the dra- Let me explain how problematic this it increases food prices—which stands matic spike in the cost of the RIN cred- is. First of all, let’s remember the his- to reason. If you take 40 percent of all its from four cents to one dollar per tory. The whole idea behind creating the corn produced in America and you gallon will cause a tremendous depres- this renewable fuel standard—behind burn it, there is that much less corn sion in our refinery’s bottom line in forcing people to take corn, convert it available for food. And corn is an in- 2013. Of course in the building trades to ethanol, and burn it in their car en- credibly basic and important source of we need them to have economic vital- gine—was that this was somehow going food both directly and indirectly. This ity to bring about the construction and to be good for the environment. That phenomenon alone—the diversion of maintenance projects that our mem- was the idea at the time it passed. In corn for ethanol production—is deemed bers depend on, and the steel workers fact, it is clear that this is bad for the by many scholars who have looked at of course need the economic vitality so environment. This is counter- this as costing maybe as much as a full they can maintain and expand their productive from purely an environ- percentage point a year for the average jobs with the refinery. We need your mental point of view. family. That is on the order of over assistance, your help with this matter. The Environmental Working Group $150 per year that we force people to put out this statement: pay in the form of higher food prices I want to provide the help that they need, that Pennsylvanians need, that The rapid expansion of corn ethanol pro- alone. duction has increased greenhouse gas emis- Another example is the indirect way we all need from this ill-conceived pol- sions, worsened air and water pollution, and in which higher corn prices filter into icy that clearly has no place in the driven up the price of food and feed. the rest of the economy. The fact is United States anymore. The help is in This is the Environmental Working that feed grain is typically half the the form of this amendment. This Group that came to that conclusion. cost of raising livestock, and corn is amendment solves the problem. It re- It is widely acknowledged that using the dominant feed grain in America. peals this ill-conceived standard com- corn ethanol instead of gasoline actu- The USDA’s Chief Economist stated pletely. It would go away. I know there ally creates more carbon dioxide emis- that the renewable fuel standard in- is bipartisan support for this amend- sions—the greenhouse gas emissions creases corn prices between 30 and 40 ment. I have several colleagues who co- about which many people are con- percent. And it got so bad, it got so ab- sponsored this amendment. This is our cerned. You have more of that when surd that in 2012 there were farmers opportunity to pass this amendment. you burn ethanol than when you burn feeding their cattle candy because it To recap, this is bad policy on every gasoline. In fact, the Clean Air Task was cheaper to buy candy than to buy possible front. The renewable fuel Force estimates that carbon emissions corn. How absurd is it that the Federal standard—forcing us to burn so much from corn ethanol between 2015 and Government policy is driving this kind of our corn in the form of ethanol—is 2044, on the path we are on now, would of behavior? It makes no sense at all. harmful to our environment. It is exceed 1.4 billion tons. That is 300 mil- Another fact about ethanol is that it harmful to human health. It increases lion tons more than if the energy were is harmful to motors. It is harmful to food prices. It increases fuel prices at supplied by gasoline instead. So it is engines. The reciprocating piston en- the pump. It damages the engines on counterproductive from a carbon emis- gines we use in our vehicles—motor- which we rely. It jeopardizes jobs. sion point of view. cycles, boat engines, and others—are What more arguments do we need to We have a chart here that quotes a designed to burn gasoline, they are not bring an end to this misguided pro- conclusion from a study at Stanford designed to burn ethanol. And the EPA gram? We know this. We have known University that indicates the harm has acknowledged that ethanol is this for some time. Now is the time to that ethanol does directly to human harmful to these engines because eth- act. health. anol is corrosive. The EPA acknowl- So I urge my colleagues, let’s get on Vehicles running on ethanol will generate edged that ‘‘unlike other fuel compo- the bill. Let’s have amendments. Let’s higher concentrations of ozone than those nents, ethanol is corrosive.’’ It is that have lots of amendments. If we had using gasoline, especially in the winter . . . water mixture that does damage to en- spent the last week mowing down Finally, in 2011 the National Acad- gines. AAA has warned that raising the amendments instead of arguing about emy of Sciences stated: ethanol content in fuel further—which them, we would be done by now. We Projected air quality effects from ethanol is what current law has in store for could have processed many dozens of fuel would be more damaging to human us—will damage 95 percent of the cars amendments easily, and one of them health than those from gasoline use. on the road today. could have been this one. I understand there was a time when The last thing I would point out is we didn’t know this, when we had a dif- that this policy threatens good-paying I don’t think it is too late. We could ferent impression about the health and jobs. I visited a refinery in south- still get on this bill. We could still do the air quality implications of using eastern Pennsylvania, a refinery that something that would be very sensible ethanol, but we don’t have that excuse employs hundreds of workers in good- for our environment, for our economy, anymore. It is now clear that using paying jobs providing the gasoline we for consumers, for our health, and for ethanol instead of gasoline is net need to move our economy, to move the sake of our jobs. Let’s repeal the harmful to the environment and harm- our families, to get to and from work, renewable fuel standard. Let’s do it by ful to human health. That all by itself and to do all the things we need to do adopting my amendment, and let’s do is a pretty good reason to reconsider in life. Their ability to be a viable, on- that by getting on this bill. this, but there are more reasons. going refinery is jeopardized, it is Mr. President, I yield the floor, and I One is the fact that it is more expen- threatened by the renewable fuel suggest the absence of a quorum. sive to produce ethanol than it is to standard. The ACTING PRESIDENT pro tem- produce gasoline. So not only is this I wish to read a letter from the AFL– pore. The clerk will call the roll. harmful to our health, but it costs CIO business manager, a gentleman The legislative clerk proceeded to more to do it. The Wall Street Journal named Pat Gillespie whose concern is call the roll. estimated that in 2014 the renewable the job security of the workers he rep- fuel standard will increase the per-gal- resents. And this is a refinery that was Mr. WYDEN. Mr. President, I ask lon cost of gasoline by anywhere from shuttered and in danger of never re- unanimous consent that the order for 10 to 25 cents. That adds up. That could opening. It took an amazing effort by the quorum call be rescinded. be over $300 a year on average for the the stakeholders in this community to The ACTING PRESIDENT pro tem- average family. It is billions of dollars make this viable, and it is viable right pore. Without objection, it is so or- across our economy. That is a dead- now and it is employing hundreds of dered.

VerDate Mar 15 2010 23:32 Sep 19, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.013 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6620 CONGRESSIONAL RECORD — SENATE September 19, 2013 CONCLUSION OF MORNING enough, as a result President Obama Obama’s action to benefit the political BUSINESS personally intervened. He was person- class is the latest example of this adminis- ally involved, and his administration tration doing whatever it wants, regardless The ACTING PRESIDENT pro tem- of whether it has the authority to do so. pore. Morning business is closed. issued a rule on the subject right as Congress safely had left town for the The Office of Personnel Management f August recess. That rule said two overstepped its authority when it car- ENERGY SAVINGS AND INDUS- things, basically. No. 1, it said this offi- ried out the President’s request to ex- TRIAL COMPETITIVENESS ACT cial congressional staff—we don’t know empt Congress from the requirements OF 2013 who that is, so every Member of Con- of the health care law. Changing law is gress will get to decide what staff, if the responsibility of the legislative The ACTING PRESIDENT pro tem- any, under their employment, will have branch, not the executive branch. pore. Under the previous order, the to go to the exchange. Also, the Heritage Foundation said: Senate will resume consideration of S. That is ridiculous. I think that is lu- Washington’s political class and allied big 1392, which the clerk will report. dicrous on its face. That is not what special interest lobbyists are responsible. The legislative clerk read as follows: the statute says at all. It says ‘‘all offi- And until this bad law is fully repealed, the A bill (S. 1392) to promote energy savings cial congressional staff’’ and every President’s team and Congress should submit in residential buildings and industry, and for Member of Congress should not be able fully to its multiple and costly requirements, just like everyone else. other purposes. to decide differently, Member by Mem- Pending: ber, whether anyone at all on their The National Review Online has Wyden (for Merkley) amendment No. 1858, staff has to go to the exchange. echoed the same, and they are right: to provide for a study and report on standby But the second part of this illegal Under behind-the-scenes pressure from usage power standards implemented by rule is even more interesting. It said members of Congress in both parties, Presi- States and other industrialized nations. whoever does go to the exchange, in dent Obama used the quiet of the August recess to personally order the Office of Per- The ACTING PRESIDENT pro tem- terms of Members and staff, gets to sonnel Management, which supervises fed- pore. The Senator from Louisiana. take their very generous taxpayer- eral employment issues, to interpret the law Mr. VITTER. Mr. President, I rise funded subsidy from the Federal em- so as to retain the generous congressional again to talk about the urgent need, as ployee health benefits plan with them. benefits. October 1 approaches, to vote on a ‘‘no The ObamaCare statute doesn’t say The Wall Street Journal opined: that at all and, in fact, a different part Washington exemption from . . . If Republicans want to show that they ObamaCare’’ amendment or bill. Again, of the ObamaCare statute says exactly ‘‘stand for something,’’ this is it. If they this need isn’t of my creating. I wish it the opposite. It is about employees in really are willing to do ‘‘whatever it takes’’ weren’t here, but it is because of an il- general who go to the exchange. It says to oppose this law, there would be no more legal rule issued by the Obama admin- when an employee goes to the exchange meaningful way to prove it. istration to completely reverse the he or she loses any previous employer- This is why we are here at this mo- clear language on the subject in provided subsidy. That is section 1512. ment and this is why it is so important ObamaCare. That is explicit in the ObamaCare stat- and necessary to have this debate and I will back up and give a brief his- ute. this vote now. I am very happy that at tory. This special rule for Washington is il- least some of my colleagues have prop- During the ObamaCare debate, a pro- legal, flatout illegal and contrary to erly recognized that, and that includes posal was made by many of us, led by the statute in my opinion. But it goes the distinguished majority floor man- Senator CHUCK GRASSLEY of Iowa. The into effect October 1 and that is why ager of this bill, and have agreed in proposal was simple: Every Member of my colleagues and I who support the principle to this vote. The distin- ‘‘no Washington exemption’’ language Congress and all congressional staff guished majority leader Senator REID should live under the most onerous had to take action, had to fight for a has agreed in principle to this vote. provisions of ObamaCare. Specifically, vote now. We need this debate and vote But it is interesting that at least in his we should have to get our health care now, before October 1. That is what it case, although we have some agree- from the exchanges where millions of is all about. ment in principle, we have no vote and, As I said, my distinguished colleague Americans are going against their will, frankly, I am not surprised. The proof from Iowa who authored this language having lost in many cases the previous of the pudding is in the eating. If you could not have been more clear: ‘‘The health care coverage from employers agree to a vote, then you have to have more that Congress experiences the that they enjoyed. a vote. We need to have a vote. We need laws it passes, the better.’’ So Senator GRASSLEY said that is Also, employment lawyers who have to have a vote by October 1 and I am what Washington should have to live looked at the statute agree with me going to keep fighting for a vote. That with, and there was explicit, specific that there is no big subsidy we should is basic fairness, to deal with this ille- language put in ObamaCare to that be able to take with us to the ex- gal rule. Again, the timing is here and point for Congress—that every Member change. For instance, David Ermer, a now and that is not of my doing. I did of Congress and all congressional staff lawyer who has represented insurers in not favor the illegal rule that makes have to go to the exchange. The intent the Federal employee program for 30 the issue come before us. I did not behind this was crystal clear. As the years, said, ‘‘I do not think Members of favor the October 1 deadline. That Senator said, ‘‘The more that Congress Congress and their staff can get funds should never have happened at all. But experiences the laws that pass, the bet- for coverage in the exchanges under it is before us and that deadline is be- ter.’’ I agree with that. I agreed with it the existing law.’’ That was in the New fore us because of the illegal rule from then, and I agree with it now. York Times. the Obama administration. That is why Amazingly, that provision got in the Many other employment lawyers we need a vote. We need a vote before final version of ObamaCare. Then I have said the same because it is crystal October 1. guess it was a classic example, if you clear from the statute. As National Re- As I said, the distinguished majority will, of what NANCY PELOSI said: ‘‘We view Online reported: leader says he will permit a vote. He have to pass the law to figure out what Most employment lawyers interpreted that says that in theory but it does not hap- is in it.’’ to mean that the taxpayer-funded Federal pen in practice. Again we wait and wait It did pass. Folks around Capitol Hill health insurance subsidies dispensed to those and wait and demand a vote. It does did figure out what is in it with regard on Congress’s payroll—which now range from not have to be on this bill. I will con- to that section and they said: Oh, you $5,000 to $11,000 a year—would have to end. tinue to come back. I will file this know what. We have to go to the ex- Yes. That is the clear language and amendment with regard to the CR. changes. We don’t like that. That is the clear legislative history of the stat- That is a perfect place to have this de- going to create out-of-pocket expense. ute. Yet we have all this hocus-pocus bate and vote or we can do it as a We don’t like that. to do exactly the opposite, contrary to stand-alone bill. We can do that easily Immediately, furious lobbying start- the law. As the Heritage Foundation next week, before October 1. We can do ed, continued for some time, and sure said: it without disrupting any other floor

VerDate Mar 15 2010 00:25 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.014 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6621 business, without delaying any other reality and how we can address the the amendment offered by the Senator action with regard to the CR or any- Senate’s business and address the issue from Louisiana, a vote on the proposal thing else. of the Senator from Louisiana as well— offered by Senator HOEVEN from North In that spirit, let me ask a unani- not in principle but with an actual Dakota, and a procedural agreement to mous consent in that regard. I ask vote, because the reality is there could vote on other relevant amendments. unanimous consent that on Wednesday, have been already a vote on the amend- We had scores and scores of other September 25, 2013, at 10 a.m., the Sen- ment offered by the Senator from Lou- amendments offered to this bill that ate discharge the Senate Committee on isiana. I will describe exactly why that were clearly not related to energy effi- Finance from consideration of my bill, has not taken place, but it could have ciency. So I say to the Senator from the No Exemption For Washington and in my view should have already Louisiana: That is the reality—not the from ObamaCare Act, proceed imme- taken place. It should not have been rhetoric from the Senator or prin- diately to consideration of that bill, S. about principles, it should have been ciples—of why there has not been a re- 1497; that without any intervening mo- about the reality of the vote the Sen- corded up-or-down vote. tions or debate, the Senate proceed ator from Louisiana is talking about. By the way, this is a vote that would with 60 minutes of debate on the bill Here we are. Of course it is hard for have met the Senator’s principles, that evenly divided and controlled by the the public to figure out exactly how he wanted the vote before October 1. majority leader and myself; that the the Senate works. The new Senator We would have already had that up-or- bill not be subject to any amendments, from Hawaii is a student of this. We down vote on the amendment offered points of order or motions to commit; have a bipartisan energy efficiency bill by the Senator from Louisiana. It and that after debate has expired the on the floor of the Senate now. would have been done in accordance bill be engrossed for a third reading, As far as I am concerned, I describe it with the wishes of the Senator from read a third time, and the Senate im- this way. This is a platonic ideal of Louisiana before October 1. The sole mediately vote on passage, subject to a what bipartisan consensus legislation hurdle in terms of securing that has 60-affirmative-vote threshold; and that ought to be all about. It is an extraor- been the scores of amendments that the motion to reconsider be made and dinary coalition built in favor of this— have been offered primarily—really ex- laid upon the table following that vote. the Business Roundtable, the National clusively—from colleagues on the other The ACTING PRESIDENT pro tem- Association of Manufacturers, the side of the aisle who want to deal with pore. Is there objection? Chamber of Commerce—with some of other energy issues. Mr. WYDEN. I object. the country’s leading business organi- I want to make one other comment The ACTING PRESIDENT pro tem- zations that favor energy efficiency, with respect to this. Senator MUR- pore. Objection is heard. and they are doing it for a reason. This KOWSKI and I—because we have worked Mr. VITTER. I understand the floor is going to increase American produc- in a bipartisan way since we were given leader is doing that for the majority tivity. We are going to save money be- the opportunity to lead the Energy and leader and I think that is very unfortu- cause we are not going to waste so Natural Resources Committee at the nate. If the distinguished majority much energy and this is going to create beginning of this year, and we are hon- leader agrees to a vote in principle, we good-paying jobs in a variety of new ored to have the Senator from Hawaii need a vote in reality. I said at the fields and technologies that are going on the committee—have said our sole time when he agreed to it in principle to be good for people in our country. focus is to try to find common ground that is interesting but I did not think My view is we should have already on a host of energy issues that have it would happen in reality, and sure finished this debate with relevant been backed up, many of which col- enough, this week that is correct, it amendments—relevant amendments of- leagues on the other side of the aisle has not happened. fered by both sides. In fact, when we feel very strongly about. I think the majority leader, frankly, started the debate, for the first 4 or 5 I would highlight, for example, nu- is very concerned about this vote. That hours there was a good bipartisan clear waste legislation, where there has is why he and others actually relied on amendment offered almost hourly. We been no progress for years and years. threats and intimidation to try to have them all stacked up like planes Senator MURKOWSKI and I, with Sen- avoid this vote. That did not work. It hovering over an airport. ator FEINSTEIN and Senator ALEX- is not going to work. I am coming back At that point conservatives indicated ANDER, have a bipartisan bill we think with this amendment. I am coming there were two areas they felt strongly would allow us to finally get on top of back with this bill. He has agreed to a about getting a vote on. Again, I am a critical issue. I feel very strongly— vote in principle, so let’s have a vote. not talking about principles here. We and I know the Senator from Louisiana Clearly, not from my doing, but be- are talking about the reality of a vote, cares a great deal about this—that we cause of the illegal Obama administra- a vote that could have already taken need to look at ways to cap the poten- tion rule, that vote is timely now. That place. One of them was on the amend- tial of natural gas, which is 50 percent vote has to reasonably happen before ment offered by the Senator from Lou- cleaner than the other fossil fuels. I October 1, which is why I proposed that isiana. I happen to disagree with the have been working with industry and unanimous consent. That is a way to amendment strongly, but in all of the environmental leaders on what I call a have the vote which the majority lead- discussions I said it seems appropriate win-win solution where we could build er agreed to in principle without dis- that there be a vote on that amend- more pipelines—the Senator from Lou- rupting any other business on the Sen- ment and on another amendment isiana knows it is important for the in- ate floor. It would literally take 60 which I disagree with, involving the frastructure of the natural gas busi- minutes of debate and a 15-minute Keystone Pipeline. At that point a very ness—and in the future we are going to vote. clear statement was made by the lead- make them better pipelines. We would I am sorry that was not accepted by ership that if we are talking about the have pipelines that don’t leak so much the majority leader, but needless to energy efficiency bill and these two methane, which would be good for con- say I will be back with my bill, with votes—not principles, but realities of sumers, good for the planet, and it my amendment. The American people having those two votes, a vote on the would be good for the industry. deserve a vote because, however it Vitter amendment and a vote on the We are interested in dealing with nu- comes out, the American people should Keystone Pipeline—and then have rel- clear waste issues, natural gas issues, be able to know what Senators will evant amendments that relate to en- and offshore energy issues which, stand through that vote with Wash- ergy efficiency, we would be able to again, are important to the Senator ington and what Senators will stand complete this bill. Since we started it from Louisiana. It is pretty hard to get with America. last week, I am of the view that we Senators to focus on those kinds of I yield the floor. would already have been done by now. issues if we cannot move a piece of leg- Mr. WYDEN. Mr. President, before he After that message was commu- islation such as this energy efficiency leaves the floor let me say to the Sen- nicated by the leadership on this side bill which has an unprecedented coali- ator from Louisiana, I want to talk a of the aisle, we saw the response to tion behind it. It has so many obvious little bit about exactly this question of that. It was in response to a vote on benefits, without the mandates and

VerDate Mar 15 2010 00:25 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.016 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6622 CONGRESSIONAL RECORD — SENATE September 19, 2013 without a one-size-fits-all strategy Mr. WYDEN. Mr. President, I note of the other information from that from Washington. the absence of a quorum. poll: 85 percent of people agree Key- I wanted to set the record straight in The ACTING PRESIDENT pro tem- stone XL would help strengthen Amer- particular on that point. pore. The clerk will call the roll. ica’s economic security—85 percent. The Senator from Louisiana and I are The assistant legislative clerk pro- Eighty-one percent of people agree going to continue our discussions, as ceeded to call the roll. Keystone XL would strengthen Amer- we have been doing, but I especially Mr. HOEVEN. Mr. President, I ask ica’s energy security. want to emphasize—since my colleague unanimous consent that the order for Seventy-seven percent of the Amer- from Louisiana has been talking about the quorum call be rescinded. ican people—voting Americans—agree whether people say you can vote in The ACTING PRESIDENT pro tem- that Keystone XL will help strengthen principle but you don’t vote in re- pore. Without objection, it is so or- America’s national security—as I just ality—that the reality is: We could dered. mentioned, not getting oil from the have already had a vote on the amend- Mr. HOEVEN. Mr. President, I come Middle East. That is a no-brainer. Sev- ment offered by the Senator from Lou- to the Senate floor to mark the fifth enty-five percent agree that Keystone isiana before the October 1 date, that anniversary—the fifth birthday, if you XL would benefit the U.S. military by he said he felt strongly about, if col- will—the fifth anniversary of the appli- increasing access to oil from Canada, leagues on his side had not insisted on cation of the Keystone XL Pipeline. our closest friend and ally. all of these other amendments not re- TransCanada applied for approval of One of the issues this has brought up lated to energy efficiency. the Keystone XL Pipeline in September is concern about the environmental im- By the way, I made it clear to them— of 2008, and here we are, 5 years later to pact. Let’s look at the facts: In the 5 coming from a State that doesn’t the date, without a decision. years since TransCanada applied for produce fossil fuels—that I was willing Normally, when we celebrate an an- approval—in that 5-year span—the to work with them, particularly in niversary or birthday, if you will, it is State Department has done multiple areas I have just described, such as tap- a good thing. It is positive. Obviously, environmental impact statements, I ping into the potential of natural gas. in this case, that is not the case. Five think on the order of four draft or sup- So the reality is there could have al- years have gone by with no decision plemental environmental impact state- ready been a recorded up-or-down vote from this administration on the Key- ments. The finding on the environment on the amendment offered by the Sen- stone XL Pipeline. It is mind-boggling. has been: ‘‘No significant environ- ator from Louisiana before October 1, How can we be following the laws, mental impact.’’ That is the Obama ad- and I hope he and others will continue the rules, and regulations of this coun- ministration’s own State Department: to work with the bipartisan leadership try when a company applies for ap- ‘‘No significant environmental impact’’ so we can quickly get a finite list of ad- proval of something and there is a deci- after 5 years of study. How many more ditional relevant amendments that sion the administration has to make— years of study do we need? How is our would be offered after the Senator from is it in the national interest or is it economy going to work when busi- Louisiana gets his vote and after there not? That is the decision before the ad- nesses that want to invest billions in is a vote on the amendment offered by ministration. We have to make a deci- building vital infrastructure for our the Senator from North Dakota. Those sion. We elect Presidents to make deci- economy and create jobs have to wait 5 are the realities of what has happened sions. So here we are 5 years later with years before they get a go-ahead? And over the last week. no decision, not a yes, not a no—five we are wondering why we have a slug- I yield the floor. years of study of the project and still gish economy. We are wondering why The ACTING PRESIDENT pro tem- no decision. we are still importing oil from the Mid- pore. The Senator from Louisiana. This project will help generate more dle East. Mr. VITTER. Mr. President, I appre- energy for our country, more jobs, eco- This isn’t just about working with ciate the comments of the distin- nomic growth, and tax revenue without Canada to produce energy for this guished majority floor leader, and I ac- raising taxes. It is a project that will country. My home State will put cept them. I know they are sincere in help us become energy secure, energy 100,000 barrels of oil a day into this terms of his actions and in terms of his independent, with Canada. Working pipeline—the lightest, sweetest crude involvement. with Canada, our closest friend and produced anywhere in the country— My point, of course, was not about ally, will enhance national security so and take it to our refineries in this him. My point is I don’t think it was an we don’t have to get oil from the Mid- country to be used by American con- accident that we never got to yes in dle East, something Americans very sumers and businesses. practice. I don’t think that was an ac- much want. Another criticism the opponents will cident at all. I don’t think it was an ac- As a matter of fact, there was a re- sometimes bring up is that the oil is cident from the point of view of the cent poll put out by Harris done this going to be exported. majority leader. I don’t think it was an summer. In that poll—and I have it They say: Oh, no, the oil is going to accident from others’ point of view. right here—in a Harris poll released be exported; we shouldn’t approve the If we want a clear glimpse into their this summer, 82 percent of voting Keystone XL Pipeline; we shouldn’t true approach, we have to look at the Americans voiced support for the Key- work with Canada; we shouldn’t move amendments they floated last week, stone XL project—82 percent. Think our own long-term refineries because it which were literally about threats, in- about that: 82 percent of Americans is going to be exported. timidation, and bribery. So that is a want the project approved, but for 5 Again, let’s take a look at the facts. pretty clear window on where they are years the administration hasn’t been In June 2011, the Obama administra- coming from. It is certainly not where able to make a decision, and they are tion’s Department of Energy put out a the distinguished floor leader is com- still not making a decision. The indica- study which said specifically that the ing from. tion now is this could go into next oil will be used in the United States. Let me close by saying there is one year. So now we are working on year 6. The oil will be used in the United more point of reality I would under- Think about our economy. Our econ- States and it will help reduce gasoline score, and that is this: In the Senate omy is stagnant. Businesses aren’t in- prices for Americans. there is one Member who can virtually vesting in new capital and equipment That wasn’t some proponent who put guarantee that a vote happens, and and creating jobs. One of the reasons is that out; that was the Obama adminis- that is the majority leader. He has because of burdensome regulation. This tration’s own Department of Energy promised an up-or-down vote on this is a clear example: 5 years with no de- after doing their study. before October 1 in theory. He has the cision. Again, let’s take a look at the facts. power to clearly make that happen one This poll I referred to, some of the In my State, this kind of pipeline, as I way or the other in practice, so we will other results of it: 82 percent of voting said, will move 100,000 barrels a day on see if he does. It is as simple as that. Americans support the Keystone XL this pipeline which we are now moving I thank the Presiding Officer, and I Pipeline project. That is not an old by truck and by train. This pipeline yield the floor. poll; that was done this summer. Some will help take 500 trucks a day off our

VerDate Mar 15 2010 00:25 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.018 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6623 highways, saving incredible wear and Department’s own numbers after 5 Senators to know that we hope to be tear but also providing greater safety years of study. They say more than able to vote on the legislation shortly because we will not have all of those 42,000 jobs will be created by the after lunch. trucks transporting this oil and gas. project. Don’t take a study from the We know that in Washington, DC, it Another argument is, if we don’t opponents of the project. Don’t take a is almost as if there is an inexhaustible build the Keystone XL Pipeline, then study from the proponents of the capacity to manufacture false crises. I the oil in the oil sands in Canada will project. Take the State Department’s am here to say that if Congress does not be produced. Those who are against own study: more than 42,000 jobs, at a not act immediately to pass the legis- using fossil fuels—folks who just say, time when our economy badly needs lation we are discussing, scores of no, we are not going to use fossil fuels quality construction jobs, and it American manufacturing and tech- anymore, we don’t want to use them— doesn’t cost one penny of taxpayer nology companies employing millions they say we don’t want to use the pipe- money. As a matter of fact, the project of American workers are going to find line because then the oil sands in Can- produces hundreds of millions to help it impossible to continue their current ada will not be produced. Again, look reduce debt and deficit without higher operations. That is because without at the facts. The facts are very taxes. this legislation, those workers and straightforward. The oil is already For all of these reasons, this project companies would no longer be able to being produced and it is moving by should be approved. For all of these get access to helium, which is a critical truck and train, not by pipeline. If we reasons, this project is very much in industrial gas without which these don’t utilize it in the United States, the national interest. companies cannot operate. then instead of coming to the United I have worked in this body, and I Every week in our country there are States, it will go to China, where now have worked with our friends and col- 700,000 MRI scans performed. Without we are moving it by tanker across the leagues in the House, to see if we can’t liquid helium, which is used to cool ocean, and it is going to refineries that approve this congressionally. This is a these superconducting magnets, with- have much higher emissions. So we Presidential decision. The decision be- out which you cannot run MRIs—if you have worse environmental standards, fore the administration is to decide is did not have that capacity, millions of and instead of us working with Canada this project in the national interest or Americans would lose access to a crit- to get our oil rather than getting it is it not in the national interest. The ical diagnostic test. Helium is also from the Middle East, which we are American people have already decided. used for welding in the aerospace in- doing now, all of that oil goes to China. In poll after poll, 70, 80 percent of the dustry, and it is essential for manufac- Think about it. Is this what Ameri- American people have decided—it turing optical fiber for the tele- cans want? Go out and ask them. That doesn’t take them 5 years—but the ad- communications industry and for chip is why I cited the poll just a minute ministration can’t decide. So Congress manufacturing in the semiconductor ago, saying 80 percent-plus support this should. Congress should step up and de- sector. project. I think some of them who cide. I believe it is very clearly in the Without going into all of the history, don’t, aren’t aware of the project. But national interest for all of the reasons our government got involved with he- if we ask any American, they are going I have clearly laid out. I think we need lium after World War I because the de- to say they don’t want to rely on the to work with our colleagues in the fense sector needed it. Middle East for oil. They would much House and find a way to make a deci- Ever since that time—I have been rather work with Canada. They would sion that the President seems to be un- discussing this with colleagues—Presi- much rather produce it here, such as in able to make. dent after President, Congress after my home State, and work with Canada I believe that this project is in the Congress, has tried to come up with a so we are energy independent, we are national interest; that we do need to be policy that finally gets government out energy secure, we don’t have to rely on energy secure; that we do want the jobs of the helium business while still en- the Middle East. Let China and the and the economic activity for our peo- suring the needs of the military busi- other countries work with the Middle ple in this country. And I believe this ness and our taxpayers were protected East to get their oil. Ask any Amer- decision needs to be made not on the in the process. ican what they think about that propo- basis of what special interest groups Senator MURKOWSKI and I have sition and we know what answer we want but on the basis of what the worked for many months on this legis- will get. But the President, for what- American people want, and that ver- lation in the Energy and Natural Re- ever reason—here we are 5 years later dict is in, and it is overwhelming. sources Committee, and we believe our and he is still not making a decision. Thank you. bipartisan bill accomplishes this. That Today is the fifth anniversary. We I suggest the absence of a quorum. is because the bill requires the Federal are starting on year 6, and the question The ACTING PRESIDENT pro tem- Government to shift from selling he- is, How much longer does this go on? pore. The clerk will call the roll. lium at a government-set price to sell- I have spoken about this in terms of The assistant legislative clerk pro- ing helium at a market-based price. energy and energy security for this ceeded to call the roll. The bill does this over a 5-year period, country: low-cost, dependable energy, Mr. WYDEN. Mr. President, I ask so there is no panic, no sudden changes so when American families and busi- unanimous consent that the order for in supply, and American businesses can nesses need energy to fuel their vehi- the quorum call be rescinded. stop worrying about whether the he- cles, they know it is reliable, depend- The PRESIDING OFFICER (Mr. lium supply truck is going to actually able, it is produced in this country and COONS). Without objection, it is so or- show up in the next month. in a country such as Canada, our clos- dered. The bill phases out commercial sales est ally, not in the Middle East, and HELIUM STEWARDSHIP ACT over the next 7 or 8 years and then gets that we are not going to have to send Mr. WYDEN. Mr. President, there are the Federal Government out of the he- our men and women in uniform into a four Senators on the floor who are each lium business entirely. With prices for very difficult situation. We will not going to take about 5 minutes or so as helium now reflecting their real value have to send them, at a minimum, into we try—the leadership is now working in the marketplace, the private sector the middle of a situation where—look to make it possible for us to have a would have the incentives it needs to at what is going on in Syria. Look at unanimous consent request so that we invest in new helium supplies to re- the volatility. We want to depend on can have a vote on the helium legisla- place what is now a Federal reserve. I that area for our oil? Of course not. tion after the respective caucus will wrap up by saying there have been It is about energy. It is about energy lunches. loads of bad puns over the years about security. It is a national security inter- So as of now we all will take, the Congress floating various ideas for new est. It is about jobs. four of us involved—Senator MUR- helium legislation, but this is no joke. There have been many studies on the KOWSKI, Senator BARRASSO, Senator If Congress does not pass legislation to number of jobs; the proponents argue CRUZ—about 5 minutes. We hope to be extend operation of the Federal Helium for one and the opponents argue for an- able to propound the unanimous con- Reserve, 40 percent of the U.S. supply other. But let’s go back to the State sent request as we all talk. We want all of this absolutely necessary industrial

VerDate Mar 15 2010 00:25 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.019 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6624 CONGRESSIONAL RECORD — SENATE September 19, 2013 commodity will disappear at the end of reduced, that could be cut to make up deficit. There is a full offset, A; get the the month. for that, so we could devote the full government out of the helium business We have been informed the Federal $500 million to reducing the deficit. I permanently, and $51 million would be agency that handles this, the Bureau of think that would be the most fiscally returned to be used for deficit reduc- Land Management, would actually responsible approach to be taken. tion. start closing the valves on October 1 if For that reason, I have had concerns What I wish to do, by way of moving Congress has not acted. about proceeding on this bill with things along—and Senator CRUZ has I note Senator MURKOWSKI is here. I unanimous consent, proceeding on this been very gracious in terms of the han- would ask my colleagues if Senator bill authorizing an additional $500 mil- dling of this and saw me on short no- MURKOWSKI could go next. lion in new spending without debate, tice. I am very appreciative. Senator CRUZ has been very gracious without a vote. Earlier this week, I had I wish to propound the unanimous in terms of how we are trying to handle lodged internally an objection to do so. consent request at this time. I am ask- this. Both Senator MURKOWSKI and I am pleased to note that in con- ing the Senator from Texas, Mr. CRUZ, Senator CRUZ could speak and Senator versations with Senator MURKOWSKI a question, if this is acceptable, and BARRASSO is here. I think we would all and Senator WYDEN, we have reached then we will go right back to my col- be done by the 12:30 window. an agreement where this matter will leagues. Let me say to my partner, once not proceed by unanimous consent but, I wish to ask the Senator from Texas again, this is the kind of bipartisan ap- rather, will proceed with a rollcall vote if we would now move to ask unani- proach we have tried to show in the to be scheduled this afternoon, where mous consent that at 2 p.m. the energy Energy and Natural Resources Com- each Senator will cast his or her vote. committee be discharged from further mittee. I am very appreciative of all With that agreement, I am happy to consideration of the House bill and the she does to make our partnership to withdraw any objection and allow us to Senate proceed to its consideration; work. go forward. that the substitute amendment at the The PRESIDING OFFICER. The Sen- I would note it is important for eco- desk, which I have been discussing and ator from Alaska. nomic growth and for the high-tech in- I have talked about, be agreed to. Ms. MURKOWSKI. If I may, I would dustry to maintain this program, but We would then have 15 minutes of debate equally divided between yourself at this time defer to Senator BARRASSO at the same time I hope going forward, and myself or our designees; that upon and Senator CRUZ before my com- when new spending is authorized, all of the use or yielding back of time, the ments. I know both of them need to us will work to cut spending to com- bill would be amended and be read a dash off the floor. pensate so we can devote the maximum third time and the Senate would pro- If Senator CRUZ wishes to speak at resources possible to paying down our ceed to vote on passage of the bill, as this point in time, then I will wrap up deficit and paying down our debt. amended; that motions to reconsider after he and Senator BARRASSO have Mr. SESSIONS. Would the Senator would be considered made and laid spoken. yield for a question? The PRESIDING OFFICER. The Sen- Do I understand the Senator does not upon the table, with all of the above ator from Texas. oppose the bill as passed in the House occurring with no intervening action or debate. Mr. CRUZ. I thank my friend from that would have authorized this pro- I ask the Senator from Texas would Oregon and my friend from Alaska for gram to go forward, but the concern is this unanimous consent request be ac- their leadership. new revenue has been generated that is ceptable? As do they, I support extending the being spent for other programs? Mr. CRUZ. I am pleased to tell my Helium Program. This is a good and Mr. CRUZ. That is correct. In terms friend it would be acceptable. I have no important program that is critical to of a technical offset, the spending is objection to that. I appreciate the will- industry, it is critical to jobs, and it is offset by the revenue. I am not arguing ingness of the Chairman, along with critical to our high-tech community. I that it fails to offset in the typical lan- Senator MURKOWSKI, to allow this to salute both the Senate and the House guage of the Senate; rather, my con- come to a rollcall vote so each Senator for a positive bill that generates rev- cern is that is $500 million in new rev- may be on the record with their views. enue for the Federal Treasury and that enue that could be directed to deficit Mr. WYDEN. When the Senator—who gets the Government, in time, out of reduction. Given the magnitude of our was good enough to yield me time—has the helium business. I think that is a national debt, if we have $500 million in completed with Senator SESSIONS and good and positive step. new revenue from selling helium, send- colleagues to whom he may wish to I would note the House of Represent- ing it to the private sector, I would far yield, I will then propound that unani- atives passed a bill that continued this rather see that $500 million used to pay mous consent request. program but that devoted the revenue down our deficit. I don’t anticipate any objection. Col- that came from this to deficit reduc- What I have urged my colleagues to leagues will know that we would then tion. At a time when our national debt do is, if there are new spending pro- have a vote shortly after 2 p.m. is approaching $17 trillion, I think de- grams that are of particular concern to I thank Senator CRUZ. voting that revenue to deficit reduc- the citizens of their States, to find Mr. SESSIONS. I would just say this. tion is a good and appropriate place to other aspects of the Federal budget We need to get in our heads in this direct that revenue. that could be cut to offset it so that body that just because you raise rev- When the bill came to the Senate— entire $500 million could go to deficit enue and pay for a new spending pro- this bill is projected to generate ap- reduction rather than to funding the gram, that doesn’t have implications proximately $500 million in new rev- new spending. for the Federal Treasury and the budg- enue for the Federal Government over Mr. WYDEN. Would the Senator yield et. In fact, we have rules that guard 10 years. When it came to the Senate, for a question—I am going to ask a against it. roughly $400 million in new spending question and respond to Senator SES- I thank Senator CRUZ for raising and was added to the bill that came out of SIONS’ point in one second. highlighting that. We need to consider that $500 million that was generated. There are differences between the it. Because the idea that you can just In my view, given the fiscal and eco- House bill and the Senate bill. The do that is dangerous and it creates nomic challenges in this country, that House bill does not get the government more taxing and more spending, more revenue would be better spent paying out of the helium business perma- revenue and more spending. down our deficit, reducing our national nently. The Senate bill gets the gov- The Senator from Texas raised the debt, than it would be on new spending. ernment out of the helium business point, just because you raised revenue Indeed, over the course of this week, I permanently; A, it does it in a way doesn’t mean the people who raise the have had numerous conversations with that is fully offset and, B, not only is it revenue get to spend it on what they my colleagues where I have urged them offset under our proposal, passed want. He is perfectly correct to say I that if new spending were to be added, unanimously in the Energy and Nat- think it should be used for deficit re- for them to endeavor to find other ural Resources Committee, $51 million duction. I thank the Senator for rais- areas of Federal spending that could be would actually be used to lower the ing the issue.

VerDate Mar 15 2010 00:25 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.025 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6625 I yield the floor. lium balloons, party balloons, and not revenue to other programs within our Mr. CRUZ. I thank the Senator from the things we are talking about. It is committee’s jurisdiction—not creating Alabama, and I yield the floor. such an essential component to every- new programs but basically providing The PRESIDING OFFICER. The Sen- thing from medical imaging equip- funding for obligations that have al- ator from Wyoming. ment, semiconductor manufacturing, ready been made. Mr. BARRASSO. Mr. President, I ap- rocket engines, and precision welding. I One way or another, we are going to preciate the fine work done by all of think folks would be amazed at how he- be providing for these payments— our colleagues. lium plays such a significant part in whether it is to the abandoned mine I wish to support this bipartisan he- our high-tech world and our manufac- land fund, to the Secure Rural Schools lium bill, S. 783. This is a bill which is turing world. Program, adjusting the royalty rates critical to maintaining a stable supply We have to act. What we need to do for the soda ash operators, or address- of helium now and into the future. This is prevent a massive disruption in the ing the National Park Service backlog bill accomplishes that. supply chains for all of these important or the mess left by the Federal Govern- As a physician, I know how impor- economic sectors. We need to pass this ment when it comes to drilling explor- tant it is that helium is available for bill. atory wells and then abandoning them. the newest technologies, specifically As has been mentioned, what we are So what we have done is we have for use to cool MRI scanners and manu- doing is we are reforming and reau- looked critically at these areas where facture products such as semiconduc- thorizing the Federal Helium Program. we have had funding shortfalls within tors and fiber optic cables. This program provides 40 percent of our the energy committee’s jurisdiction, Helium also has important applica- domestic and 30 percent of our global and a portion of these revenues has tions for the Department of Defense, helium supplies from the Cliffside field been dedicated to that. But we also for NASA, and the scientific research near Amarillo, TX. heard from our colleagues—members community. This bill extends the au- The energy committee, as I noted, on the committee and others—who said thority of the Secretary of the Interior developed this bill before us. What we we need to make an effort to take some to sell helium from the Federal Helium focused on was bringing market-based of these revenues and direct them to Reserve in Texas, including important price discovery to the sale of this tax- deficit reduction. So we have reduced reforms such as provisions already out- payer-owned resource. the Federal debt by at least $56 mil- lined by the chairman of the Energy The approach we have taken in com- lion. This was a priority of Senator Committee: The Secretary sells helium mittee will ensure a better return to FLAKE and Senator RISCH on the com- at market prices and the Federal Gov- the taxpayer, which is what we are all mittee, and we have directed that. ernment gets out of the helium busi- looking for. It prevents a small number Again, all of these are priorities ness once and for all. This, to me, is of corporations from effectively being among programs within the jurisdic- one of the key components of this leg- able to pocket value that which be- tion of the Energy and Natural Re- islation. longs to the American public. It will sources Committee, and given the $56 In June, the Energy Committee, on also improve the management of the million that is devoted to deficit reduc- which I serve, voted to report the he- Helium Program to account for dimin- tion, the resources we have devoted to lium bill by voice vote—22 members of ishing production and provide greater addressing them are more than offset. I the committee. There were no objec- transparency for a program that clear- think our success in striking this bal- tions stated. This was bipartisan. ly needs it. ance has been confirmed by both the The House has already passed its own So there are a lot of good reasons Congressional Budget Office and the bi- helium bill, which is different than why we need to do this legislation. And partisan staff of our Senate Budget this. I think the Senate should pass its as the chairman has mentioned, we are Committee. helium bill as soon as possible today so getting government out of the pro- We have an opportunity before us today, and I think we have a responsi- we can have an opportunity to nego- gram. That ought to be something cer- bility to act now, as this October 1 tiate with the House, get something tainly all of us on this side of the aisle deadline is looming. First and fore- passed, and then to the President for would agree on—getting the govern- most, we have to act to prevent a mas- signature. ment out of the business altogether. sive disruption to the helium supply I yield the floor. This bill completes a privatization The PRESIDING OFFICER. The Sen- process Congress set in motion back in chain that could harm so many sectors of our economy. This bill prevents that ator from Alaska. 1996. It sets a hard-and-fast deadline for from happening. We also need to finish Ms. MURKOWSKI. Mr. President, I getting the Federal Government out of what the Congress started back in 1996 am pleased we are at this point. We the helium business once and for all. and fully and finally privatize the he- will be able to move forward with this As has been mentioned, we do have a lium business so that the Federal Gov- important legislation relating to our bill on the other side, in the other ernment can get out of the industry. Nation’s Helium Program. I would cer- body, that doesn’t take it all the way; And we should address these other pri- tainly encourage my colleagues to sup- it doesn’t fully get the government out orities—including deficit reduction and port passage of this bill that we have of the business. In our legislation, not other obligations the Federal Govern- spent several years now developing in later than 2022, all of the assets that ment has already taken on—by making the energy committee to reform it. are associated with the helium reserve responsible, thoughtful decisions about The bill, as has been mentioned by will be sold off and the Federal Govern- the use of the revenues associated with my colleagues, is a bipartisan bill. It ment’s involvement in what should be the reauthorization and the eventual was an important piece of legislation a private market will end. closure of the Federal Helium Reserve. that was reported to the Senate floor Of all the options before us for pre- For these reasons I would certainly in June by a voice vote. It is yet again venting an imminent helium shortage, encourage my colleagues to support another good product coming out of this Senate bill is the only one that the bill when we go to a vote in just the energy committee. also addresses the long-term goal of about an hour and a half. We need to move to pass this bill but exiting the sector and leaving the de- With that, I yield for my friend and also to reconcile the remaining issues velopment of future supplies to private colleague. we have with the House and we have to industry. As has been mentioned, when The PRESIDING OFFICER. The Sen- do this before October 1. October 1 is we do this—when we get out of the ator from Oregon. coming at us like a freight train on a business, when we conduct these auc- Mr. WYDEN. Mr. President, let me lot of different issues. But if we want tion sales—we will generate revenue of thank the Senator from Alaska for an to prevent a shortage of helium gas in approximately $500 million. That is excellent statement. It very much re- this country, we are going to need to both a good and important thing flects our desire to make this bipar- do it and do it now. around here. So what the energy com- tisan. Again, the chairman referenced some mittee did, in a very bipartisan and I particularly appreciate her noting jokes about helium. Unfortunately, a very open process within our com- the contributions of two of the mem- lot of folks associate helium with he- mittee, we chose to devote some of this bers of our committee, Senators RISCH

VerDate Mar 15 2010 00:25 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.026 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6626 CONGRESSIONAL RECORD — SENATE September 19, 2013 and FLAKE, who also made the point This topic is very important. The sad in December 2007; however, we have that, yes, we are getting the govern- fact is that the state of middle and 3,627,000 more part-time jobs. How we ment out of the helium business; yes, lower-income Americans is worsening calculate this is important. People we are making sure we are not putting on virtually every front. The slow with part-time jobs, according to the at risk millions of high-skilled, high- growth of the economy (and this has jobs people at the Department of wage jobs; but we have to be serious, as been the slowest recovery from a reces- Labor, are not counted as unemployed, my friend from Alabama likes to say, sion since World War II or the Great they are counted as employed, al- about this budget deficit. And so I will Depression) is restraining the normal though they may want a full-time job, be. He and I have talked often about upward movement of income that pre- and most do. So our economy is pro- Medicare and other areas. We will be vious generations have experienced. It ducing part-time jobs rather than full- serious about that deficit reduction, as has accelerated in the last several time jobs. That has been going on for a Senator MURKOWSKI has talked about. years, but it has been going on—we long time, and it is not acceptable. And particularly in light of the com- have to be honest with ourselves—for a These jobs often have no health care ments of Senator RISCH and Senator much longer period of time. If you program or retirement plan. FLAKE, we were able to meet the needs don’t have a job now, you are twice as A very high percentage of all jobs of people, working families across this likely to only find a part-time job as created this year are not full-time jobs, country who depend on these high- full-time work, if you can find one at and workforce participation—the per- skilled, high-wage jobs. So we are all. centage of people who are actually meeting those needs, and we are con- According to the U.S. Census Bureau, working today—is the lowest since tributing to deficit reduction. So I middle-class incomes have declined for 1975. That is not acceptable. And these thought the Senator’s points were well 18 years. That has happened with dif- trends have been going on for some taken. ferent parties, different Presidents, and time. UNANIMOUS CONSENT REQUEST—H.R. 527 different majorities in the House and Let’s take a look at median family At this point, Mr. President, I ask Senate. That decline means that sav- income. The Census Bureau published unanimous consent that at 2 p.m. ings for college and retirement are new estimates of household income on today, the energy committee be dis- growing at alltime lows. Young people Tuesday, August 17. They report that charged from further consideration of are not marrying as early as they the median income of American house- H.R. 527 and the Senate proceed to its want, sometimes due to bad economic holds is lower than last year, lower consideration; that a Wyden substitute prospects. That means families are than the year before, and, in fact, is amendment, which is at the desk, be launching later in life, which gives lower than at any time since 1995, ad- agreed to; that there be 15 minutes of couples less years to pay down a mort- justed for inflation. This is a very serious trend. While we debate equally divided between Sen- gage or raise children. ators WYDEN and CRUZ or their des- Perhaps the greatest single source of have done a lot of things to make this economy better, few benefits are going ignees; that upon the use or yielding our economic anxiety, however, is the to main-line, hard-working American back of the time, the bill, as amended, fear of losing a job or that our children people. They are struggling out there. be read a third time and the Senate won’t be able to get a job or our grand- You have to go back to 1995 to find me- proceed to vote on passage of the bill, children won’t be able to get a good dian household income that is lower as amended; that the motions to recon- job. sider be considered made and laid upon It is not just the unemployment than today’s household income. Even if we take broad measures of in- the table, with all of the above occur- rates that remain too high—at 7.3 per- come, we get similar results. If we di- ring with no intervening action or decent as of August 2013—it is the num- vide all of the income by the popu- bate. ber of people we all know who are The PRESIDING OFFICER. Is there lation to come up with a per-capita in- working well below their potential become concept, per-person income is objection? cause nothing is available that uses Without objection, it is so ordered. lower today than at any time since Mr. WYDEN. I yield the floor. their job skills. It is the number of peo- 1997. This is an unacceptable trend. It The PRESIDING OFFICER. The Sen- ple we know who have given up looking is clear it is not a short-term phe- ator from Alabama. for work or who are working part time nomenon. It is now a negative trend for Mr. SESSIONS. Mr. President, let me because nothing full time is available almost 18 years, and it cannot con- say to the Senators who have worked to them. tinue. on ending the Federal Government’s Fewer people are working today than While the stock market has re- involvement in this program that this in 2007. Almost 4 million fewer people bounded and corporate profits have re- is a great accomplishment, and I thank are working today than in 2007, but mained strong, that should not and them for that. I do think there is tech- during that time our population has in- cannot be used to obscure these trends, nically not a budget point of order for creased and the number of workers of trends that have accelerated after we the process they have used in funding working age has increased. Just before emerged from the recession of 2008 and this bill, although I think Senator the recession hit in December 2007, 2009. CRUZ is raising a valid concern. I guess about 62.7 percent of the working-age Many are concerned that the Federal if we could do $50 million on deficit re- population was working—62.7. If that Reserve is furthering the Nation’s eco- duction, we could do more. But I did same percentage was working today, nomic problems with a growing wealth want to say that I am proud of the we would have 154 million jobs. But we gap. Their quantitative easing has thrust of the legislation. I think it is don’t have 154 million, we have 144 mil- boosted the wealth of the investor class good legislation. I thank them for it. lion. And only 58.6 percent of the popu- but has not benefited the working And it does not, I am informed, violate lation is working, which is a marked class. This is not the way our policies the Budget Act. decline. In short, we are missing 9.9 should work. People who know what to Mr. President, I have directed my million jobs when we compare this do with low-interest money seem to be staff on the Budget Committee to con- economy to the one in 2007. coming out ahead. But the people who duct a detailed analysis of the eco- Here is another way to look at the don’t have money, don’t have jobs, who nomic conditions facing working job problem. In 2007 we had 363,000 dis- are working part time instead of full Americans—their wages, their employ- couraged workers—people who had time, are slipping. ment conditions, and their household given up looking for work because they Our civil society, the great founda- finances. I will give a series of talks couldn’t find a job but still had not dis- tion of the our economy, today has cer- over the coming weeks looking at that appeared from the rolls of employment tain weaknesses that we have to talk financial situation and the state of our security offices. Today we have 866,000. about. I will address more in a separate Nation as a whole economically. I will That is an increase of 140 percent in speech, but let me give a few thoughts. also attempt to look at the causes discouraged workers. Few social institutions are more im- leading to our current financial dif- Here is another barometer of the portant in helping us through difficult ficulties and suggest some steps to re- middle-class difficulties. We have economic times than marriage. How- store America’s financial future. 1,988,000 fewer full-time jobs today than ever, marriage is disappearing in the

VerDate Mar 15 2010 00:25 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.027 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6627 bottom 50 percent of the income dis- getting our unemployed, our people and two out of college. I remember tribution. Many people stay too long in who need more training, trained, ready when our daughter was going through low-income unemployment situations, to move into the workforce, to take high school and instant messaging was and it is not healthy. And too often, jobs? Can we afford to bring in millions one way to communicate, kind of a the fathers are not in those households. of people to take jobs and to leave our back and forth between some of the If you are in the bottom 50 percent of people on welfare and the unemploy- girls in her high school class. She was the income distribution and give birth, ment rolls? about 15 or 16 at the time. It never rose there is a greater than 50-percent Those are some of the fundamental to the level of any kind of serious har- chance that the father will not be liv- questions we as Americans need to be assment. It was something that a lot of ing with you when the child comes asking. But first and foremost, col- families I am sure have experienced. home from the hospital. Perhaps, as leagues, we are not able to deny the But my wife and I were blessed that many suggest, our welfare policies are unassailable fact that we have had a our daughters never were exposed to exacerbating these trends. We need to slide in the financial well-being of mil- what this young girl was exposed to. I look at that. lions of Americans, and that this has won’t show her picture, but I am look- Also worrying is the decline of chari- been going on for well over a decade. ing at a picture of her right now. Her table giving since 2007. Like the overall I thank the Chair and I yield the name is Rebecca Ann Sedwick, 12 years economy, this vital part of our social floor. old, of Lakewood, FL, a beautiful girl and economic system has not recovered The PRESIDING OFFICER. The Sen- subjected to the most horrific kind of effectively. Total charitable giving fell ator from Oregon. harassment and abuse. It is almost un- in 2008 to $303 billion from $326 billion. f imaginable that a group of human As of the end of 2012, total giving was beings could do this to another person. MORNING BUSINESS only $316 billion—still 3 percent below Unfortunately, it happens all too often. what it was 6 years ago. Mr. WYDEN. Mr. Chairman, I ask Because my colleague from Florida I would conclude and note that the unanimous consent that we be in a pe- knows the case and the news articles road we are on is leading to the contin- riod of morning business until 2 p.m., better than I, I ask him to highlight ued erosion of the middle-class civil so- with Senators permitted to speak this. But I think we all have the same ciety, the quality of life for hard-work- therein for up to 10 minutes each. reaction, one of horror, and we are ing Americans is not improving finan- The PRESIDING OFFICER. Without summoned by our conscience to do cially, and the continued expansion of objection, it is so ordered. something about this. We can’t just the welfare state and the permanent The Senator from Pennsylvania. say, as some say, Well, every genera- entrenchment of a political class that f tion has faced some kind of harass- profits from the growth of government. CYBER BULLYING ment, some kind of bullying, so it is It is time we recognize both the disas- part of growing up. I have heard this trous conditions facing working Ameri- Mr. CASEY. Mr. President, I rise argument. The argument is without va- cans and the moral obligation we have today to speak about an issue we don’t lidity, because no generation prior to to replace dependency on government talk about here, and I am joined by my this generation has had the techno- with the freedom and dignity that colleague, the senior Senator from logical burden. When I was growing up comes from work and independence. Florida, Senator NELSON. and someone was bullied at school, That has got to be our goal. We appear on the floor today to talk that was bad enough, but it ended when There are things that can be done to about an issue which I would argue is a the schoolday ended. But today that is improve these conditions. It is time for clear and present danger to young not possible if you have determined us to defend working Americans and Americans. What is that? We could and vicious people who want to bully their undeniably legitimate concerns probably make a long list of things we another student, because technology about current trends. I will talk about are concerned about as it relates to allows that person to be bullied when that as we go forward. It is something young people, but we are here today to they leave school, all throughout the we need to seriously consider. talk about bullying and harassment. night, and then throughout the next Relevant here is this question, can According to the Department of Edu- day and day after day. we bring into our country more people cation, nearly one in three students I turn with respect to my colleague than we have jobs for? Won’t that pull ages 12 to 18 is affected by bullying and to talk a little bit more about this par- down wages and make it harder for harassment. Another study estimates ticular case. people to get work? And this question, that 60,000 students in the United The PRESIDING OFFICER. The Sen- shouldn’t we defend more effectively States of America do not attend school ator from Florida. our workers against unfair trade and each day because they fear being Mr. NELSON. Mr. President, many competition from around the world? bullied. States such as mine, Florida, have Both of those policies are ones I hope With the advent of text messaging strict bullying policies in place. But we we could have bipartisan support on, and social media, many children find need to go beyond that, and Federal although I am worried. The Senate’s they cannot escape the harassment legislation is needed because, as the immigration bill would increase per- when they go home at night. It follows Secretary of Education has said, these manent immigration by 50 percent, them from the moment they wake laws in the States ‘‘lack consistency would increase guest workers—people until the moment they go to sleep. and enforcement mechanisms’’ across who come and take jobs—by double, all This problem was brought once again the country. in addition to the 11 million who would into the national consciousness in the So you get to the tragic case in Flor- be given legal status here. last couple of days. ida of Rebecca Ann Sedwick. It is a I do think our colleagues are correct I am reading a headline from the tragic reminder that bullying in the so- to say we should do more about trade Tampa Bay Times, dated September 12, cial media is increasing in both method and have fair competition on the world 2013: ‘‘Lakeland Girl Commits Suicide and mercilessness. stage for our workers. I think we have After Being Bullied Online.’’ Here is a girl with a single mom. She got to convert more of this welfare Senator NELSON will be talking about gets subjected to this bullying in class, spending, the 80-some-odd programs that, as will I. so her mom takes her out of the school that are fundamentally geared to lower Here is the other headline from the and puts her into another school. This income Americans, that spend $750 bil- Washington Post about the same inci- is a 12-year-old little girl. She then is lion a year—which is larger than Social dent: ‘‘Police: Florida Girl Who Com- bullied online. Security, larger than defense, and larg- mitted Suicide Had Been Bullied for This occurs for 2 years. This is what er than Medicare—we need to convert Months by as Many as 15 Girls.’’ she gets: Why are you alive? You some of that to better use. I am the father of four daughters and should die. You are ugly. Can you die, For example, for every $100 spent on I remember times when my daughters please? She gets a constant dose of this these programs, only $1 goes to job were going through high school. We not only at school, but then in the so- training. Shouldn’t we focus more on have one in high school, one in college, cial media. Her mom tried to take

VerDate Mar 15 2010 03:18 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.029 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6628 CONGRESSIONAL RECORD — SENATE September 19, 2013 away the cell phone that would have I want to read two lines from both problem or just the Federal Govern- these applications. But when she gets stories. From the Tampa Bay story, ment’s problem or just the State’s her phone back, she gets a new applica- the sheriff of Polk County, FL, Sheriff problem or just the parents’ problem. tion, and this cyber bullying keeps Brady Judd, says about Rebecca Ann We are all responsible when this hap- coming through. Sedwick, she was ‘‘absolutely terror- pens and we all have a responsibility to We have before us legislation that ized on social media.’’ That is the sher- do something about it because this is would get educators and parents more iff, a law enforcement official who unacceptable. This is a crime we should involved in trying to prevent this kind made a determination about what hap- never ever tolerate. of bullying. Unfortunately, Congress is pened to this girl. Unfortunately, we keep reading the crippled by gridlock and for the last 6 Then in the Washington Post story— stories, we keep hearing about this, years has been unable to pass any this is actually the Washington Post and some people are willing to walk major education bill that contains this but it is the Associated Press; I should away. We need to do more than just anti-cyber-bullying language. That is correct that—but right in the middle of talk about legislation. I have a very why I suggest my colleagues consider the story by the Associated Press: good bill. I thank Senator KIRK for this provision on its own—separate The case has illustrated once more the way making it a bipartisan priority. But we from the broader bill—to expedite our that youngsters are using the Internet to have to do more than just talk about torment others. response to what has become an in- legislation and pass bills. That is im- creasing problem. The measure would In one they refer to being ‘‘terror- portant, but we need to take ownership require elementary and secondary ized,’’ in the other they refer to some- of this issue as parents, as citizens, and schools to better address bullying and one being ‘‘tormented.’’ as Americans. We all have a responsi- This is a big problem. The legislation harassment. This calls on schools to re- bility. I have introduced may not have pre- port incidents of bullying to parents May it be said years from now, dec- and others so we can try to prevent vented this, but for sure we need legislation where schools at a minimum are ades from now, that because of horrific such conduct in theture. and disturbing stories such as the story I have asked the leadership, the lead- required to have a code of conduct which includes bullying and harass- from Florida where Rebecca Ann ership of the committee, as has my col- Sedwick was pushed and tormented to league, that they consider expediting ment. By the way, they do not need to wait the point where, according to the news this passage because of the national at- for a bill to be passed. There is no ex- article, she committed suicide—let it tention to this tragic incident in Flor- cuse for a school in the United States be said of us that we took the right ida. I can tell you, it is all over Flor- of America not to have a code of con- steps to substantially reduce the likeli- ida. duct that specifically prohibits bul- hood that this kind of story ever plays I want to thank Senator CASEY for lying right now. Any school district out again. his sponsorship and continuing leader- that does not have that in place should I ask unanimous consent the articles ship on this issue over the last two be ashamed of themselves and they be printed in the RECORD. Congresses, along with Senator KIRK. should get to work and get that done. There being no objection, the mate- He and Senator KIRK have introduced They don’t need to wait for a bill from rial was ordered to be printed in the the Safe Schools Improvement Act, Washington. RECORD, as follows: which is included in the broader reau- That is No. 1, prohibit the conduct [From the Washington Post, Sept. 13, 2013] thorization of No Child Left Behind very specifically. No. 2, the States need legislation—if we could then focus on to collect information and make that POLICE: FLORIDA GIRL WHO COMMITTED SUI- CIDE HAD BEEN BULLIED FOR MONTHS BY AS this specific issue, if the broader bill is information available and report this MANY AS 15 GIRLS not going to pass, and get this out in information to the Department of Edu- the midst of this enormous personal cation. But one of the most important (By Associated Press) tragedy. features of this, to get it right, is you TAMPA, FL.—For nearly a year, as many as I cannot understand. For 2 years this have to specifically prohibit bullying 15 girls ganged up on 12-year-old Rebecca has happened to a young child. Her that is done by way of electronic com- Ann Sedwick and picked on her, authorities mom is doing everything possible, even say, bombarding her with online messages munication. such as ‘‘You should die’’ and ‘‘Why don’t pulling her out of one school and put- Whether or not this bill is passed in ting her in another. Yet it continues you go kill yourself.’’ the near term, there are things schools Rebecca couldn’t take it anymore. and it drives this young lady to go into can do right now. They have no excuse an abandoned cement plant and take She changed one of her online screen to wait for a bill. That is the school’s names to ‘‘That Dead Girl.’’ She messaged a her life because she doesn’t think her responsibility, and the community’s, boy in North Carolina: ‘‘I’m jumping.’’ And life is worth living as a result of all of and the school district’s. then, on Monday, the Lakeland girl went to these taunts. What about other areas of responsi- an abandoned concrete plant, climbed a I thank Senator CASEY for his leader- bility? Parents have a responsibility. tower and hurled herself to her death. ship. Let’s see if we can move it. So parents either of the tormenters, Authorities have seized computers and The PRESIDING OFFICER (Mr. the perpetrators of this crime, but even cellphones from some of the girls as they de- HEINRICH). The Senator from Pennsyl- parents who do not have children in- cide whether to bring charges in what ap- vania. volved on either end—every parent has peared to be the nation’s latest deadly cyberbullying case. Mr. CASEY. Mr. President, I com- a responsibility. I know people do not The bullying started over a ‘‘boyfriend mend Senator NELSON for his leader- like to hear that. They do not like pub- ship and for bringing this horrific ex- issue’’ last year at Crystal Lake Middle lic officials telling parents what they School, Sheriff Grady Judd said. But he gave ample to the attention of the Senate, should do. Frankly, I am not too con- no details. Police said Rebecca was sus- at least on the floor, even though many cerned about that today. Every parent pended at one point for fighting with a girl had seen the news coverage. I thank has a responsibility to tell their chil- who used to be her friend. him for his leadership in trying to dren not to engage in this kind of con- Rebecca had been ‘‘absolutely terrorized’’ focus on this, even if a larger education duct. If they do not do that, they are by the other girls, Judd said. He said detec- bill does not pass. not doing their job. If their child is in- tives found some of her diaries at her home, I will conclude by saying anyone who volved in this kind of bullying, they and she talked of how depressed she was doubts this is a problem should read need to figure out a way to stop their about the situation. one or more of these articles about this children from doing that. If they do not ‘‘Her writings would break your heart,’’ he said. case, but I am sure we could cite many do that, they are not doing their job. The case has illustrated, once more, the others. I will make part of the RECORD Parents who hear about another child ways in which youngsters are using the both of these articles I referred to, the who is being bullied have a responsi- Internet to torment others. Tampa Bay Times of September 12 ar- bility to tell someone, and the students ‘‘There is a lot of digital drama. Middle- ticle and the Washington Post story of have a responsibility as well. school kids are horrible to each other, espe- the next day, September 13, that I re- We are all responsible here. We can- cially girls,’’ said Perry Aftab, a New Jersey- ferred to. not say it is just the school district’s based lawyer and expert on cyberbullying.

VerDate Mar 15 2010 03:18 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.030 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6629 Last December, Rebecca was hospitalized where Sedwick was cyberbullied with mes- Before I get to those issues, I wish to for three days after cutting her wrists be- sages, including ‘‘Go kill yourself,’’ and speak about the reality of what is cause of what she said was bullying, accord- ‘‘Why are you still alive?’’ going on in the economy today. What I ing to the sheriff. Later, after Rebecca com- Sedwick was ‘‘absolutely terrorized on so- want to do is something that is not plained that she had been pushed in the hall- cial media,’’ Judd said. way and that another girl wanted to fight The Sheriff’s Office is investigating the done often enough, and that is to ask her, Rebecca’s mother began home-schooling cyberbullying, Judd said. where some of our rightwing colleagues her in Lakeland, a city of about 100,000 mid- Judd said parents of all 15 girls have co- are really coming from. What are their way between Tampa and Orlando, Judd said. operated with detectives and several goals? This fall, Rebecca started at a new school, cellphones and laptops have been con- Fine, they want to shut down the Lawton Chiles Middle Academy, and loved it, fiscated. government on October 1. OK, so they Judd said. But the bullying continued online. Before her death, Sedwick had searched don’t want to, for the first time in the ‘‘She put on a perfect, happy face. She questions online related to suicide, including history of America, pay our bills. But never told me,’’ Rebecca’s mother, Tricia ‘‘How many over-the-counter drugs do you Norman, told the Lakeland Ledger. ‘‘I never take to die?’’ and ‘‘How many Advil do you what else do they want? What is this had a clue. I mean, she told me last year have to take to die?’’ rightwing ideology which has taken when she was being bullied, but not this The night before her death, Sedwick gave over the House? That is an issue that year, and I have no idea why.’’ several warning signs about her planned sui- we do not talk about as much as we After Rebecca’s suicide, police looked at cide that were never reported for help. should. her computer and found search queries such Judd said a 12-year-old boy in North Caro- I wish to begin my discussion by as ‘‘what is overweight for a 13-year-old lina, whom Sedwick met through social looking at the reality of what is going girl,’’ ‘‘how to get blades out of razors,’’ and media, knew of her plan. Sedwick messaged on in the American economy and why ‘‘how many over-the-counter drugs do you him only hours before her death saying she people are so angry and frustrated that take to die.’’ One of her screensavers also was dead and ‘‘I’m jumping, I can’t take it showed Rebecca with her head resting on a anymore.’’ the government is not responding to railroad track. Sedwick also changed her name early their needs—and they have every rea- Police said that she had met the North Tuesday morning on the free messaging ap- son to be angry. Carolina boy at an airport and that they had plication, Kik Messenger, to ‘‘That Dead The Census Bureau reported the remained friends online. The 12-year-old boy Girl.’’ other day a rather extraordinary fact, didn’t tell anyone about the ‘‘I’m jumping, I Judd said detectives are trying to inves- a very depressing fact; that is, in terms can’t take it anymore’’ message he received tigate the social media applications that of median family income—what the from her on Monday morning, shortly before Sedwick used, including Kik and Ask.fm, but her suicide, authorities said. typical American family right in the many of the websites are based in other middle of our economy is experi- Detectives said the other girls’ parents countries. have been cooperative. Florida has an antibullying law that cov- encing—that family made less money Florida has a bullying law, but it leaves ers cyberbullying. As the investigation con- last year than it did 24 years ago. punishment to schools, not police. Legal ex- tinues, Judd said charges, including Twenty-four years have come and gone, perts said it is difficult to bring charges cyberstalking, could be filed. people have worked so hard, and after against someone accused of driving a person He said it appears that the bullying started 24 years they are now earning less to suicide. sometime in 2012 and was physical at her money as a family than they did back ‘‘We’ve had so many suicides that are re- former school, Crystal Lake Middle School, lated to digital harassment. But we also in 1989. and then moved completely online. Further, what the Census Bureau have free-speech laws in this country,’’ Aftab ‘‘We’re trying to sort out a bunch of girl said. talk that goes further than girl talk,’’ he told us is the typical middle-class fam- In a review of news articles, The Associ- said. ily has seen its income go down by ated Press found about a dozen suicides in The investigation is still in its early more than $5,000 since 1999, after ad- the U.S. since October 2010 that were attrib- stages, but Judd said there were warning justing for inflation. So if people are uted at least in part to cyberbullying. Aftab signs that nobody noticed. If detectives can angry in New Mexico and if they are said she believes the real number is at least find evidence, the girls could be charged with angry in California, that is why. They twice that. felony cyberstalking because Sedwick was are working hard and their income is In 2006, 13-year-old Megan Meier hanged under 16 years old. herself in Missouri after she was dumped ongoing down. line by a fictitious teenage boy created in Mr. NELSON. I yield the floor and The average male worker made $283 part by an adult neighbor, Lori Drew, au- suggest the absence of a quorum. less last year than he did 44 years ago. thorities said. A jury found Drew guilty of The PRESIDING OFFICER. The How is that for progress? Less money three federal misdemeanors, but a judge clerk will call the roll. last year, male worker, than 44 years threw out the verdicts and acquitted her. The assistant legislative clerk pro- ago. The average female worker earned Florida’s law, the Jeffrey Johnston Stand ceeded to call the roll. $1,700 less last year than she did in Up for All Students Act, was named after a Mr. SANDERS. Mr. President, I ask teenager who killed himself after being har- 2007—going down. A record-breaking assed by classmates. The law was amended unanimous consent that the order for 46.5 million Americans are now living July 1 to cover cyberbullying. the quorum call be rescinded. in poverty. We have the highest rate of David Tirella, a Florida attorney who lob- The PRESIDING OFFICER. Without childhood poverty in the industrialized bied for the law and has handled dozens of objection, it is so ordered. world, at almost 22 percent. A higher cyberbullying cases, said law enforcement f percentage of American kids live in can also seek more traditional charges. poverty now than was the case in 1965. ‘‘The truth is, even without these school CONFRONTING REALITIES In other words, we are moving but we bullying laws, there’s battery, there’s stalk- Mr. SANDERS. Mr. President, there ing,’’ he said. are moving in the wrong direction. is a lot of concern all over this country Meanwhile, the people on top, the [From the Tampa Bay Times, Sept. 12, 2013] about what is going on in Washington wealthiest people in this country, are LAKELAND GIRL COMMITS SUICIDE AFTER in terms of the possibility that the doing phenomenally well. That is the BEING BULLIED ONLINE United States, for the first time in its major point that has to be made over (The Ledger) history, may not pay its debts and and over. This is not an earthquake or what that means to the American LAKELAND.—Investigators have identified a tsunami that has hit everybody, we at least 15 girls who were involved in the so- economy, what it means to the world are all in this together and everybody cial media circle of a 12-year-old Lakeland economy, and what it means to the is struggling. Not the case. The girl who took her own life after more than a international financial system. There wealthiest people are doing phenome- year of constant bullying. is a great deal of concern about the nally well. At a news conference Thursday, Polk possibility that on October 1, the U.S. Last week we learned that 95 percent County Sheriff Grady Judd said it appears Government may shut down because of the new income generated in this Rebecca Ann Sedwick jumped to her death at we have some rightwing extremists in country from 2009 to 2012 went to the an old cement business after being beat down with hate messages online. Her body was the House who want to, among other top 1 percent. That is a phenomenal found Tuesday. things, abolish legislation passed 4 statistic. All of the new income gen- During their investigation, detectives years ago—the Affordable Care Act— erated—95 percent of it—went to the found multiple social media applications and throw something else in there. wealthiest 1 percent. Earlier this week

VerDate Mar 15 2010 01:26 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.001 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6630 CONGRESSIONAL RECORD — SENATE September 19, 2013 Forbes Magazine reported that the diagnosed with cancer and you don’t individual retirement accounts and wealthiest 400 Americans in this coun- have health insurance? Everybody gradually phasing out the Social Secu- try are now worth a record-breaking $2 knows the end of the story. You die. rity tax.’’ trillion. My colleagues can do the Well, that is the way life goes because In English, what that means is they arithmetic. That is an extraordinary we are all in it for ourselves. We don’t believe in the privatization of Social concentration of wealth in this country believe the government should provide Security, and people, if they have the that we have not seen since before the health insurance to all people. money, can invest on Wall Street and Great Depression. If I am a multimillionaire and I get do what they want. That is the Texas The richest 400 Americans now own sick, my kids get sick, I have the best Republican Party platform. more wealth than the bottom half of health care in the world. But if I am a What else do they say? I want vet- America—over 150 million Americans. struggling, middle-class person, work- erans—and I speak as chairman of the One family—and this is not what I ing-class person, lower income person, Veterans’ Affairs Committee—to listen learned in the history books when I hey, the government should not be in- to this one: ‘‘We support the privatiza- was growing up about what America volved in those areas. tion of veterans health care.’’ In other was supposed to be like—but one fam- Minimum wage. Many of us believe, words, they would abolish the Vet- ily, the Walton family, owner of and the overwhelming majority of the erans’ Administration. We have some 6 Walmart, owns more wealth than the American people believe, that the min- million veterans today getting pretty bottom 40 percent of the American peo- imum wage today, at about $7.25 an good health care at the VA. Yet at the ple. Corporate profits are at an all-time hour, the Federal minimum wage, is mainstream of rightwing extremism in high while wages as a share of the too low. I wish to applaud the Governor this country is the Texas Republican economy are at a record low. and the legislature in California for Party that believes we should abolish Wall Street, whose greed, reckless- raising their minimum wage to $10. But the VA health care system. ness, and illegal behavior caused this right now we are at about $7.25 for the Furthermore, what they are saying massive economic downturn—their Federal Government. Do people know is: ‘‘We support abolishing all federal CEOs, their executives, are doing phe- what most of our colleagues here be- agencies whose activities are not spe- nomenally well. In fact, CEOs on Wall lieve? It is not just that they are op- cifically enumerated in the Constitu- Street are on track to make more posed to raising the minimum wage; tion; including the Department of Edu- money this year than they did in 2009. they want to abolish the concept of the cation and the Department of Energy.’’ Believe me, they have recovered, they minimum wage. That is the fact. The Goodbye, Department of Education, are doing great, while the middle class American people don’t know that. goodbye, Federal aid to education, title of this country is disappearing. What does that mean? It means if a I, and many other important programs That is an overview of the reality person is living in a high unemploy- that are supporting public education in facing our country: The middle class is ment area where a lot of people are America: Goodbye. disappearing, poverty is at an all-time struggling for a few jobs and an em- ‘‘We . . . oppose . . . mandatory kin- high, and the people on top are doing ployer says, The best I can pay is $3.50 dergarten.’’ Right now it is widely re- phenomenally well. an hour—that is what I can pay—I have garded that the United States has the Now I wish to go from that reality to to take that. People think I am kid- worst early childhood education sys- speak about what rightwing extremism ding. I am not kidding. A majority of tem of any major country on Earth. is really about, and it is much more the Republicans, to the best of my People can’t find affordable early than shutting down the government; it knowledge, now believe in abolishing childhood education. Their proposal is is much more than not paying the the concept of the minimum wage. to abolish mandatory kindergarten. debts we owe and causing a major fi- Environmental protection. We have I spoke about this earlier: ‘‘We be- nancial crisis. made some real progress in recent lieve the Environmental Protection Let me suggest to my colleagues— years—not enough, but we have made Agency should be abolished.’’ No prob- and I think they already know—that if some progress. When we go to New lem. If a company wants to put toxins we delve into what some of our col- York City, California, Los Angeles, the into the rivers and the lakes and the leagues here in the Senate but mostly air is cleaner. We have cleaned up a lot air, go for it because we have no agen- in the House believe, we will find what of rivers. We have told companies they cy that is going to stop them. they believe is—forget the Affordable can’t put their crap and their toxins ‘‘We recommend repeal of the Six- Care Act which they want to repeal; into rivers and waterways; they can’t teenth Amendment of the U.S. Con- that is nickels and dimes—what they put it up in the air so the kids breathe stitution, with the goal of abolishing are really all about is repealing every it. We have made some progress on the I.R.S. and replacing it with a na- significant piece of legislation passed that. Some of our Republican friends tional sales tax collected by the in the last 80 years which protects the say, It is not that we are just opposed States.’’ needs of the middle class, working fam- to this or that piece of legislation, let’s In English, what that means is, what ilies, the elderly, the kids, and lower abolish the EPA. Let’s abolish the abil- they want to do is move to regressive income people. You name the piece of ity of the American people to protect taxes, ending all forms of progressive legislation, they either want to repeal their health. taxation. So they want working people, it entirely or they want to make mas- Let me quote something, and I can middle-class people, to pay more in sive cuts in those programs. quote a lot of sources. I can quote taxes, while the wealthy pay less. Let me name what those programs many of the statements made by some ‘‘We favor abolishing the capital are. Social Security. Some of them be- of our colleagues, but I want to go to gains tax [and the estate tax],’’ which, lieve Social Security is unconstitu- the platform of the 2012 Texas Repub- of course, falls most heavily on tional. It is not just that they want to lican Party. Why do I want to go there? wealthy people. cut Social Security; they don’t believe Because, in fact, Texas is a large State. Here is what they say—and I have to in the concept of Social Security. The Republican Party in Texas is very give these guys credit, they are up The same thing with health care on powerful. But, also, the ideas that front, they put this on paper—‘‘We be- the part of the Federal Government; come from Texas, to be fair to the lieve the Minimum Wage Law should Medicare, Medicaid. Why should the State of Texas, end up spreading all be repealed.’’ Federal Government be involved in over this country, especially in Repub- So there we go. People in America those programs? That is not the role of lican circles. will now work for $3 or $4 an hour if the Federal Government. Let’s abolish I wish to read some of the proposals that is what the circumstances require. Medicare, abolish Medicaid. If a person in the 2012 Texas Republican Party I point out, as I said earlier, this is is 70 years of age and they don’t have a platform. Texas, one of our largest coming from the Texas Republican lot of money and no health insurance, States, controlled by Republicans right Party Platform, and I could have gone which Medicare provides, what happens now: ‘‘We support an immediate and elsewhere. But the ideas that come to them? My colleagues can tell me. orderly transition to a system of pri- from them end up filtering among What happens if you are 70 and you are vate pensions based on the concept of rightwing circles all over America.

VerDate Mar 15 2010 01:26 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.033 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6631 Now, interestingly enough, at a time earlier, this country is way behind our millions of jobs. I believe we have to when the middle class is disappearing global competitors in terms of invest significantly in energy effi- and the wealthy and large corporations childcare, early childhood education. ciency and sustainable energy. When are doing phenomenally well, it is im- As a result of sequestration, more we do that, we not only protect the en- portant to hear what the CEOs of the than 57,000 kids are losing access to vironment and combat global warming, largest Wall Street banks and corpora- Head Start and Early Head Start Pro- but we also create jobs. I believe we tions in this country—the Business grams. have to rewrite our disastrous trade Roundtable—have to say on the econ- At a time when food insecurity is policies so that American jobs are not omy. Wall Street—bailed out by the skyrocketing, and when millions and our No. 1 export. I believe, instead of middle class of this country—corporate millions of parents are wondering how further deregulation of Wall Street, America enjoying record-breaking they are going to be able to feed their Wall Street has to be effectively regu- profits. kids, what the sequestration does is it lated so their greed and recklessness Earlier this year, the Business literally goes after some of the most can no longer cause enormous problems Roundtable—again, these are the CEOs vulnerable people in this country, who for our economy. Instead of lowering of the major corporations in America. are elderly people, low income, living taxes for the wealthiest people, I think Without exception, these guys are on minimal Social Security benefits, it is high time they started paying making millions of dollars a year in in- who cannot even leave their homes. their fair share of taxes. come. They have wonderful retirement They are served right now by the Meals So what we are involved in here is a packages, health care benefits for them on Wheels Program, and I want to great debate, which goes beyond the and their families. This is what they thank all of the Meals on Wheels vol- continuing resolution. It goes beyond have to say. They came to Washington, unteers out there for doing a great job the shutdown of the government. It and they called on Congress to raise trying to help these seniors. Sequestra- goes beyond whether the United States the eligibility age of Social Security tion will continue major cuts, throwing fails to pay its bills for the first time and Medicare to the age of 70—70. thousands and thousands of seniors off in history. I believe what we have is an Wall Street billionaires, CEOs mak- the Meals on Wheels Program. ideology, a rightwing ideology which ing huge amounts of money, with won- We have a serious housing crisis in reflects, at most, the views of 15 per- derful retirement packages—they now America. Sequestration will make it cent of the American people. I think want Congress to raise the retirement harder for over 100,000 families to get a that is probably a generous perspec- age of Social Security and Medicare to variety of affordable housing programs. tive. I think the vast majority of the age 70; they want to cut Social Secu- Everybody knows the cost of a col- American people do not believe what rity and veterans benefits, their lege education is soaring. Working- rightwing extremism is doing, and it is COLAS; they want to raise taxes on class families cannot afford college high time we begin to stand and say to working families and, obviously, it today. Yet sequestration would result these people: If you are going to con- goes without saying, cut taxes for the in 70,000 college students losing Federal tinue those efforts, you may not be largest corporations in America, at a work-study grants. That is the means back here in the U.S. Congress. time when one out of four of these cor- by which they earn some money to With that, I yield the floor. porations does not pay a nickel in help stay in college. The PRESIDING OFFICER (Mr. MUR- taxes. Sequestration will result in cutting PHY). The Senator from Ohio. That is the background: the middle back on chemotherapy treatments to Mr. BROWN. Mr. President, I ask class collapsing; the rich getting rich- thousands of cancer patients because of unanimous consent to be able to speak er. Then we have a right wing in this a 2-percent cut to Medicare providers. for up to 10 minutes in morning busi- country, fueled by people like the Koch The Low-Income Home Energy As- ness. brothers, and others, who are pushing a sistance Program—very important in The PRESIDING OFFICER. Without totally reactionary agenda. the State of Vermont where it gets objection, it is so ordered. Let’s talk about what that imme- cold—massive cuts. Mr. BROWN. Thank you, Mr. Presi- diate agenda looks like in terms of the Long-term unemployment checks— dent. CR, the continuing resolution, that, in unemployment remains high—a 10-per- f fact—and this is what is going to pass cent cut. That will be continued. in the House, as I understand it—would So that is where we are right now. SUPPLEMENTAL NUTRITION lock in place sequestration for domes- And it gets worse. It gets worse. If ASSISTANCE PROGRAM tic programs, while providing a $20 bil- the Boehner CR is approved, programs Mr. BROWN. Mr. President, today, lion boost to defense spending for the that millions of Americans rely on will the House of Representatives is voting next 3 months. That is annualized, be cut even further. So everything I on legislation dealing with the farm looking from the year’s perspective. told you will get even worse. bill and food stamps. Recently—this If we do that for a year, that seques- I think what we are looking at right week—the House of Representatives tration level, according to the Congres- now is not just the immediate pain of broke with 40 years of tradition, prece- sional Budget Office, sequestration will the continuing resolution or the threat dent, common sense, and perhaps lead to the loss of 900,000 jobs and cause not to pay our debts and destroy the human decency when it bowed to par- a seven-tenths of 1 percent drop in the credit rating of the United States of tisan politics and passed a farm bill GDP. Real unemployment today is America. Those are enormous realities. without a nutrition title. They pulled close to 14 percent. With sequestration But what we are looking at is a real ef- apart what traditionally urban and for a year, it would result in the loss of fort to dismember the U.S. Govern- rural interests have done in this coun- some 900,000 jobs—at exactly a time ment and wreak havoc on the lives of try: coming together to pass a farm that we do not need it. Many of the tens and tens and tens of millions of bill, connecting it with a nutrition jobs lost will be government jobs, but people. title, where it served rural America, it that should come as no surprise be- To my mind, what we have to do is served urban America, it was good for cause the extreme right wing really exactly the opposite of what our right- hungry kids, it was good for economic does not believe in the concept of gov- wing friends are suggesting. They are development, it was good for conserva- ernment. suggesting that we should raise unem- tion and the environment. So when we lose jobs in the teaching ployment. They are suggesting that we The House leadership has announced profession, when we lose police officers should cut back on Federal funding for that later today—sometime this after- and firefighters and construction work- infrastructure. I believe we should be noon—the House will vote on a bill ers and VA nurses and VA doctors and investing billions and billions of dol- that would cut the Supplemental Nu- scientists and engineers, that is no lars in addressing our crumbling infra- trition Assistance Program, SNAP, by problem for some of these fellows. structure—roads, bridges, water sys- nearly $40 billion. They are taking up Sequestration—we should be clear— tems, wastewater plants, our rail sys- this bill because the $20 billion in puni- has already caused enormous pain for tem. When we do that, we make this tive SNAP cuts they failed to pass ear- millions of Americans. As I mentioned country more productive and we create lier this year was not enough for the

VerDate Mar 15 2010 01:26 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.035 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6632 CONGRESSIONAL RECORD — SENATE September 19, 2013 majority. They do not only cut $20 bil- their children. That is what most peo- My colleagues in the Congress sug- lion—$20 billion, $20,000 million—$20 ple want to do. gest that SNAP participation has billion in cuts, when the average fam- I spoke to a woman in Hamilton, OH, grown too big. They bemoan the state ily gets $4.45 per day. Cutting $20 bil- some time ago who told me that early of our economy, the still-too-high un- lion was bad enough. That was not in the month she would occasionally employment rate. We all do. I share good enough for those Members of the take her 9-year-old son to McDonald’s that concern. But we must do more to House of Representatives who want to or to another fast food restaurant— help jump-start our economy. I will see cuts twice as big. Many of those maybe once in the first week of the work with anyone who seeks to do so. Members of the House of Representa- month. We know how important these benefits tives—or at least some of them—are The second week, she could maybe are to our brothers and sisters from farmers themselves who get huge farm serve him a hamburger, she could serve Cleveland to Cincinnati, from rural Ap- subsidies. It begs the issue a little bit. him meat. The third week of the palachia to farmlands in western Ohio, For some of my colleagues who have month, she began to scrape. This is a all across this country. It is important seen the movie ‘‘Lincoln,’’ at one woman who had a full-time job, volun- that we stand strong. We need a farm point, President Lincoln—listening, teered, taught Sunday School, volun- bill. We need a farm bill that serves ag- but perhaps not entirely hearing his teered with the Cub Scouts for her son, riculture. We need a farm bill that staff, who exhorted him to spend more was a very devoted single mother. The serves rural development. We need a time in the White House, winning the fourth week of the month, what typi- farm bill that serves conservation and war, freeing the slaves, preserving the cally happened was—she looked at me the environment. We need a farm bill Union—President Lincoln said: I need with her blues and she said: You know, that helps us provide energy. We need a to go out and get my public opinion I say to my son—I was sitting there farm bill that provides nutrition assist- baths. with my son that last week of the ance. Well, I suggest that maybe more of month. I yield the floor. He said: Mom, how come you are not us—those particularly who are voting The PRESIDING OFFICER. The ma- eating? to cut SNAP, to cut food stamps $40 jority leader. billion—they may want to go out and She said: Well, I am just not hungry. Well, she was hungry; she just had to f listen to what people—not dressed like choose at the end of the month, does this, not working around here who get UNANIMOUS CONSENT the money go for my son or does it go good benefits and decent salaries, not AGREEMENT—H.J. RES. 59 for me? Like most mothers and fathers, highly paid Congressmen and Senators, she chose to do it for her child. That is Mr. REID. Mr. President, I ask unan- not the lobbyists who they may brunch the backdrop. imous consent that when the Senate with on Sunday when those Members If more of my colleagues would fol- receives H.J. Res. 59 from the House, do not go back home—but go out and low the admonition of Abraham Lin- the measure be placed on the calendar talk to somebody at a labor union hall, coln and go out and get a public opin- with a motion to proceed not in order go out and talk to somebody in a shop- ion bath and listen to what real people until Monday, September 23. ping mall, go out and talk to somebody are saying—not people who dress like The PRESIDING OFFICER. Without at a school, where children—I heard a this, not people who sit in Congress, objection, it is so ordered. story today at my weekly coffee, where not lobbyists who may buy them lunch f a woman told us that her daughter, and come to their fundraisers, but real- who teaches in Columbus, has seen dur- RESPONSIBLE HELIUM ADMINIS- ly listen to what people have to say TRATION AND STORAGE ACT ing the school lunch program children about what this means and understand, take some of the food and put it in as Presiding Officer knows from the The PRESIDING OFFICER. Under their pockets so they can take it home work he has done in his State of Con- the previous order, the energy com- for their brothers and sisters or for the necticut, that most of the people get- mittee is discharged from further con- weekend or for their moms or dads. ting benefits are children. Eighty-five sideration of H.R. 527 and the Senate In this still difficult economy—when percent of people receiving food assist- will proceed to the immediate consid- people receive $4.45 per day, on the av- ance are children or their parents or eration of the bill, which the clerk will erage, for SNAP, for food stamps—peo- people with disabilities or seniors. report by title. ple in the House of Representatives Many of them have jobs, but their jobs The bill clerk read as follows: want to cut it nearly $40 billion. pay $9 an hour. Again, this is not some- A bill (H.R. 527) to amend the Helium Act It was not enough that 2 million thing they do by choice in a great ma- to complete the privatization of the Federal Americans could lose SNAP benefits. It jority of cases; it is something they helium reserve in a competitive market fash- was not enough to them in the first bill feel they have to do. They are mothers ion that ensures stability in the helium mar- that more than 200,000 children could kets while protecting the interests of Amer- and fathers who get up in the morning ican taxpayers, and for other purposes. lose access to the free and reduced- and try to give their children a better price lunch program. They want to future. These are millions of Ameri- AMENDMENT NO. 1960 make it harder, and they can say what- cans who head out every day looking (Purpose: In the nature of a sub- ever they want. They can say: Well, for work so they can pay their bills and stitute) people—I don’t know. Do they get ad- put food on the table. The PRESIDING OFFICER. Under dicted to food stamps? Do they dig food As I said, almost 90 percent—80-some the previous order, the substitute stamps because they don’t want to percent of SNAP households are made amendment, No. 1960, is agreed to. work? up of seniors and the disabled and fami- (The amendment is printed in today’s The fact is, as Chairwoman STABE- lies with children. One out of six Amer- RECORD under ‘‘Text of Amendments.’’) NOW points out, the chair of the Agri- icans worries about where their next The PRESIDING OFFICER. Under culture Committee, in the next 10 meal is coming from—one out of six the previous order, there will be 15 years, 14 million Americans will leave Americans. How many people in this minutes of debate equally divided be- SNAP. Why is that? If we do not do body have ever really thought that tween the Senator from Oregon, Mr. this, why will 14 million people leave way, have talked to people that way, WYDEN, and the Senator from Texas, SNAP? Because they will get better- have tried to put themselves in the Mr. CRUZ, or their designees. paying jobs because they do not want place of the—that is 50, 60, 70 percent of The Senator from Oregon. to be in SNAP. Most people who get Americans—one out of six who worries Mr. WYDEN. Mr. President, as I said stamps would rather not. They would about where their next meal will come this morning, Washington, DC, seems rather have enough food on the table. from. to have an inexhaustible capacity to They would rather have enough pur- Then we have the body down the hall, manufacture false crises. I am here to chasing power to go to the grocery the House of Representatives, who say that this is not one of them. If the store and buy food with their own voted—$20 billion in cuts is not enough; Congress does not act immediately to money that they have earned so they let’s do $40 billion. Maybe we will do pass the legislation Senator MUR- can bring that food home and serve more than that. KOWSKI and I advance today, scores of

VerDate Mar 15 2010 01:26 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.036 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6633 American manufacturing and tech- 1996—fully privatize the helium busi- tion’s helium supply which threatens nology companies employing millions ness so that the government is out of critical industries, hospitals, national of American workers are going to find the way. Truly, what we are doing is security, and scientific research. it impossible to continue their current making sure helium supplies are deter- I would like to thank Chairman operations. mined by market forces. WYDEN, Ranking Member MURKOWSKI, Our government got involved with As the chairman has noted, we need and their staffs for excellent work on helium after World War I because the to address other priorities here in the this bill, which would ensure continued defense sector needed it. Ever since, Congress. We have done that with the access to helium so that New York hos- President after President and Congress revenues and the distribution that the pitals, our successful chip industry, after Congress has tried to come up chairman has outlined and that I have and other high-tech companies will not with a policy that gets government out outlined previously here on the floor, go over the helium cliff, while making of the helium business while still meet- and at the same time we have seen fit critical reforms to the sale process and ing the needs of our middle-class work- to direct a good portion of revenues to- reducing the deficit. Passage of this ers, our businesses, and our taxpayers. ward deficit reduction. These are good, bill will prevent shortages for busi- Senator MURKOWSKI and I are here to responsible decisions. nesses and hospitals as well as sky- say that our bipartisan bill does that. Our legislation here in the Senate rocketing prices that would have re- The reality also is that it raises some differs from what our counterparts in sulted from closure of the Federal He- revenue. With that revenue, we will be the House have done. We end the gov- lium Reserve on October 7. able to meet—we talked about it in the ernment’s intervention or activities Helium’s unique physical and chem- committee—ongoing needs, particu- within the helium business. We have a ical properties have made it critical to larly for folks hurting in rural commu- thoughtful glidepath out. the manufacturing of a broad range of nities where the Federal Government It is legislation that is not only technologies from aerospace to semi- owns most of the land. They are con- thoughtful, it is bipartisan. It moved conductors, medical devices, and fiber cerned about their schools and their through the energy committee unani- optics. It is also widely used in medical police and their roads. And because of mously. I am pleased to be able to research, cutting-edge science, and hos- the good work by colleagues on the stand here today with the chairman of pital care. Helium is also essential to other side of the aisle—particularly the energy committee urging col- our national security, as the Depart- Senators RISCH and FLAKE—we were leagues to support this critically im- ment of Defense relies on it for a range able to secure an additional $51 million portant legislation. of weapons systems and intelligence to pay down the deficit. Mr. ENZI. Mr. President. I rise today applications. We have 7 minutes on each side. I in support of H.R. 527, the Helium Here is just a sampling of how crit- know colleagues are anxious to vote. I Stewardship Act, as amended by the ical helium is. MRI scanners at hospitals use helium yield time to Senator MURKOWSKI. I Wyden substitute. This bill is very im- to cool powerful magnets. Without he- thank Senator CRUZ for his courtesy in portant to protecting the U.S. supply lium, $2 million machines couldn’t be this matter. I would yield to Senator of helium. Helium is used in MRI scan- operated without risk of damage. MURKOWSKI. I would urge all colleagues ners, superconductors, and has many Semiconductors cannot be made on both sides of the aisle to support other very important uses. For exam- without helium, which serves as an es- this legislation that came out of our ple, helium is even used to test me- sential coolant during the manufac- committee unanimously. chanical heart valves to make sure turing process. Semiconductors are the The PRESIDING OFFICER. The Sen- they don’t leak. core of all electronics embedded in ator from Alaska. Helium also has important security cars, computers, health devices, weap- Ms. MURKOWSKI. Mr. President, implications. It is used by DoD, NASA, ons systems, nuclear reactors, et thanks to the chairman of our energy and other agencies. The bill helps those cetera. A robust supply of helium al- committee, we have been working on efforts by extending the authority of lows American semiconductor manu- this legislation for some time now—a the Secretary of the Interior to sell he- facturers, like GlobalFoundries and couple of years. As the chairman has lium from the Federal Helium Reserve. noted, what we are doing with the re- The bill also includes important re- IBM, to create good-paying, high-tech authorization of this Helium Program forms such as provisions ensuring that jobs in upstate New York. The production of optical fiber—the is we are getting the government out of the Secretary sells helium at market backbone of all telecom infrastruc- the business of helium. We are on our prices, and most importantly, it gets ture—uses helium to prevent impuri- way to completing a process that has the Federal Government out of the he- ties. been underway effectively in Congress lium business once and for all. The Department of Defense uses sig- since 1996. The bill would also reduce the Fed- nificant quantities of helium as part of We have an opportunity today to do eral debt and deficit by $51 million. The the guidance correction systems for the right thing, but we also have a very bill has bipartisan support. In June, air-to-air missiles used by our mili- clear opportunity to make sure that we the Energy Committee voted to report tary. It also relies on it for surveil- do not have a helium crisis, that we do the helium bill by voice vote. The Sen- lance of combat terrain, helping pro- not see a disruption in supply. That is ate should pass this bill as soon as pos- tect our troops. effectively what could happen if we sible so we have an opportunity to ne- Our DOE National Laboratories, such here in the Senate do not act quickly gotiate with the House. as Brookhaven National Laboratory in and work with the House to get this re- I understand that some of my col- my State, relies on helium for cut- solved before an October 1 deadline. So leagues had some concerns with the ting—edge science. that is the imperative to take this vote bill. I appreciate them giving me the Failure to act would hurt our eco- this afternoon and move it across the opportunity to speak with them before nomic competitiveness, cause job line so we can conclude our business as the vote about those concerns. I also losses, and harm our national security it relates to the Helium Program. This thank my colleagues for agreeing to when we can least afford it. is significant. It is important. We have allow this bill to come to a vote. While If we don’t reauthorize the Reserve, a chance to make a difference. We can I do not support every item in the bill, we would have to get helium from one prevent a massive disruption to the he- I believe it is a critical piece of legisla- of two places: Russia or the Middle lium supply chain. tion that needs to be passed. East, the only other regions in the We recognize that when we are talk- Mr. SCHUMER. Mr. President, I rise world producing it. ing about helium, it is not just party in support of the substitute amend- I strongly urge my colleagues in the balloons; we are truly talking about an ment to H.R. 527, the Responsible He- Senate to support this important legis- impact on our high-tech sector, our lium Administration and Stewardship lation and I look forward to its swift manufacturing sector, so many sectors Act, which would reauthorize the Fed- passage. of our economy that are reliant and de- eral Helium Reserve and extend its op- I yield the floor. pendent on helium. We should also fin- eration for commercial sales. This bill The PRESIDING OFFICER. The Sen- ish the business we started back in prevents a severe disruption to the Na- ator from Oregon.

VerDate Mar 15 2010 01:26 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.039 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6634 CONGRESSIONAL RECORD — SENATE September 19, 2013 Mr. WYDEN. I thank my colleague We have worked together in a bipar- Johnson (SD) Mikulski Scott from Alaska for all of her work. We tisan way to allow this to come to a Johnson (WI) Moran Shaheen Kaine Murkowski Shelby await our colleague from Texas who vote. I thank the Senator from Oregon King Murphy Stabenow would like to speak. for agreeing to do that. I intend to vote Kirk Murray Tester How much time remains on our side? no, but I am hopeful that in conference Klobuchar Nelson Thune The PRESIDING OFFICER. There is Landrieu Paul Toomey committee perhaps the House and Sen- Leahy Portman 1 Udall (CO) 2 ⁄2 minutes. Lee Pryor ate can work together to take care of Udall (NM) Mr. WYDEN. Let me yield 1 minute Levin Reed the important concerns with the He- Vitter Manchin Reid at this time to our friend who in the lium Program but at the same time Warner House had begun working on this lit- Markey Risch demonstrate some additional fiscal re- McCain Roberts Warren erally years ago. I thank the Senator sponsibility, which I think would be a McCaskill Rockefeller Whitehouse Wicker from Massachusetts for all of his ef- win-win for everyone. McConnell Sanders Menendez Schatz Wyden forts. Mr. WYDEN. Mr. President, we have The PRESIDING OFFICER. The Sen- Merkley Schumer a minute and a half. I will be very ator from Massachusetts. NAYS—2 Mr. MARKEY. Mr. President, I thank brief. I thank the Senator from Texas for his courtesy. Cruz the Senator from Oregon. This bill is Sessions The bottom line is that the House something that shows we can work NOT VOTING—1 across the lines of politics in this insti- bill, which the Senator is calling for, Rubio tution. does not get the government out of the I began this bill with DOC HASTINGS, helium business. That is the single The bill (H.R. 527), as amended, was a Republican from Washington State, most important distinction. We are passed. in the House of Representatives a year reaching out to all those hard-hit mid- f dle-class workers in aerospace and tech ago. It passed over there. Now it is over MORNING BUSINESS here in the Senate, and the same kind and a whole host of industries. We are of bipartisanship is working to pass doing it in a way that protects tax- The PRESIDING OFFICER. The Sen- this critical bill which is central for payers. It gets the government out of ator from Indiana. companies like Siemens, Philips, and the helium business. Mr. DONNELLY. Madam President, I GE just in Massachusetts that support This legislation passed the Energy ask unanimous consent that the Sen- thousands of jobs in the high-tech sec- and Natural Resources Committee ate be in a period of morning business tor. unanimously. I urge my colleagues to until 5 p.m., with Senators permitted There was a shutdown that was loom- vote yes. to speak therein for up to 10 minutes ing, but it was a shutdown in the he- I ask unanimous consent that all each. lium industry. This is one shutdown time be yielded back and the Senate The PRESIDING OFFICER. Without that we are going to make sure does now proceed to vote on the passage of objection, it is so ordered. not happen. I thank the chairman for the bill, as amended. f making this possible because it took a The PRESIDING OFFICER. Without EMISSION STANDARDS lot of leadership to make sure that objection, it is so ordered. Mr. DONNELLY. Madam President, I House bill, the Hastings-Markey bill, is The question is on the engrossment am here today with my colleague from now over here, and it has been solved of the amendment and third reading of Missouri, Senator BLUNT, to talk about in a way that every Member should feel the bill. our efforts to bring some common very comfortable voting yes for be- The amendment was ordered to be sense to the EPA’s emission standards. cause it really is going to solve a big engrossed and the bill to be read a It is my firm belief that we can es- problem that was going to hit our high- third time. tech industry in the United States. tablish emission standards that protect The bill was read the third time. our environment without hurting our Mr. WYDEN. Mr. President, I believe The PRESIDING OFFICER. The bill 1 economy and without hurting the we have 1 ⁄2 minutes left. Let’s go to having been read the third time, the Senator CRUZ, and then hopefully we pocketbooks of families in Indiana and question is, Shall the bill pass? across the country. can vote. Mr. WYDEN. Mr. President, I ask for The PRESIDING OFFICER. The Sen- When the EPA released draft stand- the yeas and nays. ator from Texas. ards in 2012 that would regulate green- Mr. CRUZ. Mr. President, I am going The PRESIDING OFFICER. Is there a house gas emissions from powerplants, to be brief and not take my entire sufficient second? There is a sufficient it was clear that the administration’s time. I think the underlying extension second. standards far exceeded the level of car- and reform of the Helium Program in The clerk will call the roll. bon reductions that would be available this bill is a good provision. It main- The bill clerk called the roll. using existing technology. They also tains the program. Helium is critical Mr. CORNYN. The following Senator failed to acknowledge that different for our businesses, for our industry, for is necessarily absent: the Senator from fuel types pose different challenges our high-tech community. So I salute Florida (Mr. RUBIO). when trying to reduce emissions. the Senator from Oregon and the Sen- The PRESIDING OFFICER (Ms. If we don’t address these standards in ator from Alaska for working together. HIRONO). Are there any other Senators a commonsense way, the affordable, re- As written, the Senate bill raises $500 in the Chamber desiring to vote? liable energy that Hoosier families and million over 10 years in new revenue. The result was announced—yeas 97, businesses depend on will be in doubt. The House bill took the revenue raised nays 2, as follows: It is absolutely critical that the EPA by this program and put it to deficit [Rollcall Vote No. 203 Leg.] understand the impact of these stand- reduction and reducing our debt. The YEAS—97 ards and the price their proposed regu- Senate bill—I think unfortunately—in- Alexander Casey Flake lation would ask Hoosiers to pay. stead of using the revenue for deficit Ayotte Chambliss Franken Our amendment urges the EPA to use reduction, uses $400 of the $500 million Baldwin Chiesa Gillibrand common sense when putting together Barrasso Coats Graham emission regulations by ensuring that for new spending. Baucus Coburn Grassley I raised internally an objection and Begich Cochran Hagan efforts to regulate carbon dioxide emis- asked my colleagues if they would con- Bennet Collins Harkin sions are realistic about existing tech- sider reducing spending in other parts Blumenthal Coons Hatch nology and do not negatively impact Blunt Corker Heinrich of the budget to balance it given that Boozman Cornyn Heitkamp our economy. we have nearly a $17 trillion national Boxer Crapo Heller Our amendment states that if the debt. I think the more fiscally respon- Brown Donnelly Hirono EPA puts together regulations to con- sible thing to do, if we have $500 mil- Burr Durbin Hoeven trol carbon dioxide emissions from an Cantwell Enzi Inhofe lion in new revenue, is to use it to pay Cardin Feinstein Isakson industrial source, the EPA must de- down the deficit and the debt. Carper Fischer Johanns velop the regulations using emission

VerDate Mar 15 2010 01:26 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.040 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6635 rates based on the efficiencies achiev- ments said this won’t work. It is so ob- a cosponsor of this amendment and able using existing technology that is vious that it won’t work. urge my colleagues to join Senator commercially available. ‘‘Commer- The rule said that if someone wants DONNELLY and me if we get a chance to cially available’’ is defined as any tech- to build a coal plant, they have to in- vote on it as part of this bill. nology with proven test results in an stall carbon capture technology, which I suggest the absence of a quorum. industrial setting. It also must be sub- according to the rule would add 80 per- The PRESIDING OFFICER. The categorized by fuel type. Different fuel cent to the cost of electricity. It would clerk will call the roll. types must have different emission overstate it a little bit initially, but The legislative clerk proceeded to rates to be reflective of what is real- not very far in the future—if you get call the roll. istic for fuel producers using all avail- your utility bill and multiply it by Mr. SANDERS. Madam President, I able technologies. two, you will be pretty close to what ask unanimous consent that the order Our amendment develops an NSPS your utility bill would be if the pro- for the quorum call be rescinded. for carbon dioxide emissions to protect ponents of this rule—if what they say The PRESIDING OFFICER (Ms. WAR- our environment while also ensuring will happen is what happens. What hap- REN). Without objection, it is so or- that the regulations do not excessively pens if you double the utility bill? How dered. burden Hoosier families and businesses many jobs go away? How many fami- The Senator from Michigan is recog- that rely on affordable power. The EPA lies find themselves in stress? nized. is scheduled to release its updated When cap and trade failed, the Presi- Mr. LEVIN. I thank the Chair. standards tomorrow. I urge them to dent—who had said earlier that under (The remarks of Mr. LEVIN pertaining make sure that any NSPS regulation is his cap-and-trade plan electricity rates to the introduction of S. 1533 are lo- something that reflects existing tech- would necessarily skyrocket—when it cated in today’s RECORD under ‘‘State- nology. We must prevent anything that failed, the President said that was only ments on Introduced Bills and Joint would jeopardize the affordable, reli- one way of skinning the cat. Obviously, Resolutions.’’) able energy that allows many Hoosier the EPA is looking for the second way Mr. LEAHY. Madam President, are families—and families and businesses to skin this cat and to impact families. we in morning business? across our country—to make ends It would make it expensive to do what The PRESIDING OFFICER. Yes, the meet. can be otherwise done in the country. Senate is in morning business. Again, I thank my friend Senator Businesses and households would need f BLUNT for working with me on this to make a decision about that. TRIBUTE TO WILL GOODMAN issue. What we need to be doing is looking The PRESIDING OFFICER. The Sen- to use all of our resources in the best Mr. LEAHY. Madam President, as ator from Missouri. possible way. More American energy is many of my current and even former Mr. BLUNT. Madam President, I am critical, and we ought to be doing ev- staff can tell you, I am fond of saying pleased to work on this with Senator erything we can to see how we produce that I, like other Senators, am merely DONNELLY. This is an amendment more American energy, a more certain a constitutional impediment to my which, as he said, requires that we cat- supply, easier to transition from one staff. But I don’t mind being just a con- egorize fuel types and that we say what fuel to another, not harder, not putting stitutional impediment. Mine is one of works for various types of fuel as op- one electric plant out of business and the finest staffs on Capitol Hill. posed to setting some standard that requiring that you build an entire new Tomorrow my office will say goodbye makes it impossible for other resources electric plant. Do you know how you to Will Goodman, one of the finest. He we have to be used. It says that the pay for an electric plant? Somebody is going to be leaving for a challenging technology has to be commercially gives you the authority to pass all that new opportunity. Will joined my staff available. cost along to the people who are served in January of 2010 as a legislative fel- We had the Acting EPA Director be- by it. There is no free electricity out low from the Office of the Secretary of fore the Appropriations Committee there. It makes a real difference. Defense. We barely got him to his desk earlier this year. I asked the Acting Di- The most vulnerable families among and he had to jump right in with both rector: The rule that you are talking us are the ones who are most impacted feet and hit the ground running. He about, is this technology available? by the higher utility bill. The Bureau was a valuable member of my legisla- Can somebody go out and buy this? of Labor Statistics said that nearly 40 tive team, working on that year’s de- And the response was something like: million American households earn less bate over the repeal of ‘‘Don’t Ask, Well, parts of it are out there, but no- than $30,000 a year, and those house- Don’t Tell,’’ and the ratification of the body has ever quite put it together holds spend almost 20 percent of their New START treaty. Importantly, Will yet—which, of course, meant that the income on energy. Do you want to was a trusted staffer, a willing ear, and rule, for the first time ever, set a make that 30 percent or 40 percent? a source of support as the Vermont Na- standard that couldn’t possibly be Surely that is not the answer for vul- tional Guard prepared to deploy for Af- reached. nerable families. ghanistan. In States such as ours, Missouri and If you read the press reports today, When his fellowship ended, I was Indiana, where Senator DONNELLY and I the EPA will come out with a rule to- pleased when Will accepted my offer to are from, we are more than 80 percent morrow. I hope this amendment be- become my senior defense adviser. In dependent on coal. Some of our con- comes part of the law that would make that role, he was instrumental in help- stituents are 100 percent dependent on that rule, frankly, make common ing to pass the National Guard Em- coal. If you do things that raise their sense. powerment Act, one of my longtime utility bills, families know it and their The American people want the ad- legislative priorities. Will has been a community knows it. ministration to stop picking winners go-to aid for many Members and their This amendment simply would force and losers through regulatory policies. staffs, particularly for the more than the EPA to use common sense when If the Congress wants to have that de- 80 Members of both parties of the Sen- setting standards for any facility. The bate and change the law and do that in ate National Guard Caucus, which I am new source performance standards, the open, that is one way to do it, but proud to cochair. based upon emission limits for power- I think we all know that American I know that Vermonters appreciate plants, for refineries, for manufac- consumers have figured out where this Will’s steadfast commitment to the turing facilities, for whatever else they road takes their family, and they don’t State, to the many veterans who live can cover, simply don’t meet that com- want to go there. there, to the Vermont National Guard, monsense standard. In fact, last March So I urge support for the amendment and to our State’s economic develop- when the proposed rule went out, there Senator DONNELLY and I are working ment. He has always been eager to help were more than 2 million comments. on—common sense and real cost-ben- and has always been a fierce advocate You have to work pretty hard to find efit analysis. New standards that work for Vermonters. this rule, and you have to really be are essential, not new standards that After nearly four decades in the Sen- dedicated to read it, and 2 million com- you know won’t work. I am glad to be ate, I have had dozens of staffers come

VerDate Mar 15 2010 01:26 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.042 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6636 CONGRESSIONAL RECORD — SENATE September 19, 2013 and go, but we like to think they al- they do not have access to our Nation’s Let me tell you, the average family ways remain part of what we call the health care system which, if you can of four in Connecticut living in Stam- Leahy Family. find it, is and can be the best health ford, Bridgeport, Norwalk, or Norwich, Will’s own family is growing. He and care system in the world. could use that extra $300 in savings to his wife Marisha and their wonderful The problem is there are far too help save for college, to help put a bit son Mark await the arrival of their many people who have no insurance more nutritious meal on the table, newest member early next year, and no way to access it or who are maybe to pay some back credit card though Marcus—as we call him—will be vastly underinsured and cannot get the bills. Three hundred dollars is a big the Big Brother. As his family grows, right access to it. So I just want to deal. That is the big difference this he is always going to be part of ours. talk for a minute about what this is health care bill will make, $605 a Marcelle and I wish Will the best. going to mean to our constituents, to month down to $286 in Connecticut. It I yield the floor and I suggest the ab- your neighbors, and what it would is a big difference. It is an even bigger sence of a quorum. mean if, by some miracle of politics, difference because the health care plan The PRESIDING OFFICER. The the tea party gets its way and this bill they are going to get for $286 a month clerk will call the roll. was no longer the law of the land come is going to be a good one. The assistant legislative clerk pro- next month. We are going to finally have some ceeded to call the roll. Let me tell you what it already standardization when it comes to the Mr. MURPHY. Mr. President, I ask means for a senior citizen who is living benefits you are getting. When you buy unanimous consent that the order for on $20,000 a year in New Britain, CT. the health care plan in Connecticut or the quorum call be rescinded. Today, that senior citizen gets to walk wherever you are, you are going to The PRESIDING OFFICER (Mr. in to their doctor to get a wellness know what you are getting. There is COONS). Without objection, it is so or- visit. They do not have to pay anything going to be a minimum set of benefits dered. out of pocket any longer. Previously that is going to be covered. You are they did. You would think that is not a f going to be able to know that when you lot of money. But for someone in Con- buy insurance you are getting ambula- HEALTH CARE necticut who is living on a fixed in- tory patient services, coverage for hos- Mr. MURPHY. Mr. President, I read come or somebody in Delaware who is pitalization, coverage for maternity the papers down here and across the taking home a pretty meager Social and newborn care, your prescription country. It makes it look as if the Security check every month, the costs drugs are covered, lab services, and issue of whether we are going to move escalate when you are just trying to rehab benefits. Every plan is going to forward with the implementation of pay your rent or your mortgage, put be able to cover these things, but not if the health care bill passed a few years food on the table, be able to put gas in the health care law were magically re- ago is just about politics. It is just a your car to get back and forth to see pealed. political football that is being tossed your grandkids. All of a sudden people who were back and forth between the two sides. That extra expense of having to pay counting on that number going from While the threats are empty, there is for preventive costs can actually make $600 to $300 in Connecticut will be pay- a difference. no way we are going to pass a con- ing $600, probably $700, $800, and they For those seniors who have pretty tinuing resolution that is not going to will continue to have to deal with a include funding of this vital health high drug costs, one of the worst things this Congress did over the last 10 years dizzying array of benefit packages, care law, it still gets an enormous many of which simply don’t measure amount of play out there. I think it is was pass a prescription drug bill that had this doughnut hole sitting in the up to what families need. important for us to come down to the What about for Betty Berger? What middle of it. If you paid for a bunch of floor and explain to the American peo- does this mean for her? She is a con- drugs through the Medicare benefit, ple that this issue is not political, that stituent of mine in Meriden. She eventually you would have to start the health care law is not just a piece doesn’t want anyone to ever have to go paying out of your own pocket. That of paper. through what she went through. She could be thousands of dollars that sen- The health care law is a lifeline to ior citizens don’t have. and her husband had health care cov- millions of families out there across This health care bill closes the erage for themselves and their kids America who have been absolutely doughnut hole, eliminates half of it al- through her husband’s plan. Her hus- drowning in health care costs and an most overnight and then essentially band switched jobs. In the week of time inability to access the system over the eliminates it over time. That is thou- between when he was at his first job past several decades. We did not pass sands of dollars in savings for seniors. and his second job, their son was diag- this law to score political points. We That is medication that, frankly, a lot nosed with cancer. Her husband’s sec- did not do it to make ourselves feel of seniors would never have been able ond job identified it as a preexisting good. We did it because we saw almost to buy but they will now be able to ac- condition and effectively refused to immeasurable human suffering out on cess because of this law. cover the son. the streets of America to which this Those things go away if Republicans The Bergers lost everything. They place needed to respond. get their way and ObamaCare is lost their house, they lost their car, It is not OK that in the most afflu- defunded. All of a sudden, if that hap- they lost their savings simply because ent, most powerful country in the pens, tomorrow senior citizens have to their son was diagnosed with cancer world, about 15 percent of our society pay out of pocket for preventive costs. during the 1 week in which the husband has the potential to go to bed sick Seniors who have high drug costs all of wasn’t employed. That will never, ever every night simply because they can- a sudden have to go back to paying 100 happen again after this bill is imple- not afford to see a doctor. It is cer- percent of the cost of generics versus 50 mented. No insurance plan regulated tainly not OK that 50 percent of the percent, which is what they are paying under this bill can deny a family access bankruptcies in this country histori- now. for health care simply because one of cally have been caused by the misfor- What about the average family of their family members is sick. It is un- tune of an individual or a family mem- four who today in Connecticut is pay- conscionable that ever happened in this ber to get sick. ing about $605 a month for health care? country, and it will not happen again if So I think it is time that when we Probably the health care plan is not this bill is implemented. But if the Re- talk about the implementation of the that good to begin with. It probably publicans get what they want and this health care law, ObamaCare, whatever has some significant holes in it in bill is defunded, if this bill is repealed you want to call it, we are talking terms of what it will cover. in that magical fantasy world, the ex- about consequences that are not polit- If this health care bill is imple- ample of the Bergers happens hundreds ical. They are consequences related to mented, which it will be, that number of thousands of times over across the life or death. goes down from $605 a month to $286 a country. That is not hyperbole. There are peo- month for the average family of four in Lastly, what about the McCullough ple out there every week dying because Connecticut. family, another family in Connecticut?

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.044 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6637 Little Kyle McCullough, when I first justed wages—that is the way to com- The article goes on to state: met him, was 8. He is probably now 10 pare wages correctly over time—are House Republicans bristled when a group or 11 years old. He has a very com- lower today than they were in 1999. of Senators met with outside groups sup- plicated disease for which he has to This is a steady decline. Actually, new porting immigration reform and formulated take $3,000 injections. He will hit his numbers indicate they are lower than a campaign-style strategy to target more lifetime limit in a matter of years and they have been since 1995. Working than 100 House Republicans over the August recess. his family will be on the hook for every Americans are not having their wages expense thereafter. The health care bill go up. Their wages are going down. Me- To try to pound them into submis- says no more annual, no more lifetime dian household income is lower today— sion, I guess. limits for health care coverage. You median income, which is the best way Despite the blowback, Schumer, the so- could have health care insurance that to account for how families are doing— called leader of the Gang of Eight— is going to take care of little Kyle than it has been every single year since The leader of the Gang of 8, to be McCullough for as long as he needs 1989. The size of the workforce today frank those injections, at whatever cost it is has shrunk to a 35-year low. We have continued to work the phones over the Au- going to be. the lowest workplace participation gust recess with a clear message: Please get It is insurance. Because for people since 1975, and a record number of active on immigration and back reform in the Republican-led House. who have a bad lot in life and have a Americans are on welfare, including al- big, complicated, expensive, illness most one in six on food stamps. The article says he reached out to all they are going to be covered. If the But we still have this determination, his allies to tell them to go forward. He health care bill is repealed, defunded, it seems, by our masters of the uni- said: or whatever Republicans want to do, verse—people who know so much bet- We had a very good August. But I don’t Kyle McCullough’s family has to pay ter—that what we really need in Amer- think it’s dead by any stretch of the imagi- for that out of pocket for the rest of ica is more workers. I would contend it nation. their life, as will thousands of other is quite plain—with high unemploy- Well, I think he does not want it dead families like them. ment and low job prospects, declining and I think he is working hard to keep That is what the stakes are. It is not workplace participation, and declining it alive, but somebody needs to make it a piece of paper. It is not a political wages—that what we have a shortage clear to the American people that it is football. It is life and death. It is hun- of is not workers, but we have a short- not dead and it could be revived. There dreds, if not thousands, of dollars that age of jobs, and we need to put our peo- are special interests out there, tradi- hard-working families throughout this ple in those jobs. That is a very simple tional Republican allies as well as country desperately need and a health concept, and I think it is undisputable. strong Democratic and liberal activists care system they need to be much more That is why I care about this issue, who are pushing for this legislation. fair and much more compassionate. and I think we have to talk about it. Our friends say they want com- It is not going to happen. It is polit- What we are talking about, remember prehensive immigration reform, but ical fantasy that Republicans are going now, is not the end of immigration. We what does this phrase really mean? to be able to defund or repeal the are not talking about anything like What does it really mean? Isn’t that health care law as a consequence of the that. We are talking about maintaining what we should ask? They want a large budget debates we are going to have the greatest immigration flow of any increase in future low-skilled immigra- over the next few weeks. nation in the world—maybe in the his- tion combined with immediate am- Let’s be honest about what they are tory of the world—with 1.1 million a nesty for those here illegally and a asking. They are asking for higher year, plus a very generous guest work- promise of enforcement in the future. costs for seniors; they are asking for er program, where people come in just And that promise was proven to be higher costs for middle-class families; to work. And we can support that, but worthless. they are asking for more bankruptcies; this bill that passed the Senate would The first legislation, which stayed on and they are asking for more misery have doubled the number of guest the floor for weeks and went through for the thousands of families who are workers and increased by at least 50 the committee, would only have re- struggling to keep their heads above percent—over 1.5 million a year—those duced the illegal flow by about 25 per- water when they deal with a com- coming permanently, in addition to le- cent. They promised it was the tough- plicated illness. That is the true re- galizing 11 million who entered unlaw- est bill in history, but the Congres- ality of what is happening out there fully. I truly believe that cannot be sional Budget Office—our independent today in our health care system that is sustained and that this is good for the analysis—proved it would have only getting better by the day and will get vast majority of the American people. minor impact on the illegality while even better if we move forward with What we are seeing routinely is the doubling the number of guest workers, the implementation of the health care one interest that is being omitted in increasing substantially the number in law. all of the debate is the interest of the terms of annual flow of immigrants I yield the floor, and I suggest the ab- average working American—the aver- who want to be here permanently, plus sence of a quorum. age citizen of this country who goes to amnesty for the 11 million. Instead of The PRESIDING OFFICER. The work every day. Everybody else has what we would normally expect to le- clerk will call the roll. their interest represented. Everybody galize over 10 years—10 million—we The bill clerk proceeded to call the else is raising money, putting ads on would legalize 30 million under this roll. the television, spinning this and spin- bill. That is what they proposed here in Mr. SESSIONS. Mr. President, I ask ning that, but the average guy is get- the Senate. Well, I don’t think this is unanimous consent that the order for ting hammered by this. It just is so. good for America, and I don’t think the the quorum call be rescinded. Let me cite some of the things that American people want that to happen. The PRESIDING OFFICER. Without are going on, and I will run through Notice that the one group not rep- objection, it is so ordered. this because I think it is important for resented in all of this is U.S. citizens— f us to know. Here in Politico, Sep- the American people. In a recent inter- tember 17, it starts off saying: view, the President of the U.S. Cham- IMMIGRATION Nancy Pelosi is huddling with Facebook’s ber of Congress, Mr. Tom Donohue—a Mr. SESSIONS. Mr. President, we Mark Zuckerberg, top labor leaders and great American, and I know him and continue to see that special interest former AOL leader Steve Case in separate respect him—said this about what is groups remain undaunted in their ef- meetings this week as supporters of immi- going on, and people who are concerned forts to ram through an immigration gration reform try to revive the issue. about this issue need to pay attention bill that will do real damage to the After they got so badly hammered by because he is one of the driving forces. wages and job prospects of working the American people when it passed He is meeting with La Raza and meet- Americans. That is just a plain fact. through the Senate, it is now dead on ing with the Democrats and Senator Consider the economic situation we arrival in the House and they are try- SCHUMER and meeting with others. He find ourselves in now. Inflation-ad- ing to revive it. wants more workers, apparently.

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.046 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6638 CONGRESSIONAL RECORD — SENATE September 19, 2013 Reading from BusinessReport.com: They originally tried to say this bill Proctor & Gamble, whose Chief Human Re- An agreement between the national busi- was designed to bring in more high- sources Officer Mark F. Biegger signed the ness lobby and the AFL–CIO was crucial to skilled workers and reduce the num- letter, announced plans to cut 5,700 jobs in passing immigration reform in the Senate, bers of low-skilled workers because of 2012. says U.S. Chamber of Commerce President our unemployment problems and other This is really offensive to me, as I Thomas Donohue, who spoke today at a reasons, but they openly say they want think it should be to all Americans. breakfast by BRAC. Unions are looking for This is the kind of leadership we have new members, Donahue says, while busi- all skills. The question is, Are these businesses in corporate America. They come in nesses need both laborers and highly skilled here and say they have to have work- workers. really suffering from a labor shortage? ers, totally ignoring the fact that they This is a frank statement. I give Mr. Byron York, an excellent writer—writing, I believe, in the Washington Exam- are laying them off by the thousands. Donahue credit. He lays it right out Maybe they find some who work cheap- there. If you want to know the forces iner—looked at that question. This is what he found: er. Maybe that is what the interest is. at work here, unions believe that if we Those are just a few of the layoffs at com- . . . at the same time the corporate offi- legalize and bring in more people, they panies whose officials signed the letter. A cers seek higher numbers of immigrants, will have a better chance of adding few more: T-Mobile announced 2,250 layoffs both low-skill and high-skill, many of their union members. in 2012. Archer-Daniels-Midland laid off 1,200. companies are laying off thousands of work- Unions are looking for new members, Texas Instruments, [laid off] nearly 2,000. ers. Donahue says— Cigna, 1,300. Verizon sought to cut 1,700 jobs That is their interest. They have for- Isn’t that something? Could that be by buyouts and layoffs. Marriott announced gotten the interests of their workers, true? Well, let’s look at his article. ‘‘hundreds’’ of layoffs this year. Inter- the ones who were working and whose Pretty damning, it seems to me. Re- national Paper has closed plants and laid off dozens. average wages have declined and who member, this letter I just read saying are being laid off— that they have to have more low- I will note parenthetically that last week it was announced in Alabama while businesses need both laborers and skilled workers from the human re- highly skilled workers. source officials was analyzed by Mr. that International Paper was closing a plant, and 1,100 people who had worked We can bring in new workers under Byron York. He finds this: there 25 and 30 years will be out of the current guest worker immigration The officials represent companies with a program, and we can deal compas- vast array of business interests: General work. The plant shuttered. But they sionately with people who have been Electric, The Walt Disney Company, Mar- signed the bill saying they need more riott International, Hilton Worldwide, Hyatt workers. here a long time. We can do that but Hotels Corporation, McDonald’s Corporation, not with the legislation that came out And General Mills, in what the Min- The Wendy’s Company, Coca-Cola, The neapolis Star-Tribune called a ‘‘rare mass of the Senate. Cheesecake Factory, Johnson & Johnson, layoff,’’ laid off 850 people last year. Listen to this: Verizon Communications, Hewlett-Packard, There are more still. . . . According to a Donahue says the House doesn’t need to General Mills, and many more. All want to recent Reuters report, U.S. employers an- pass a ‘‘comprehensive reform,’’ suggesting see increases in immigration levels for low- nounced 50,462 layoffs in August, up 34 per- problems could be fixed with smaller bills. skill as well as high-skill workers, in addi- cent from the previous month and up 57 per- ‘‘Take the whole thing, go to conference tion to a path to citizenship for the millions cent from August 2012. with the Senate, and we’ll build a bill.’’ of immigrants currently in the U.S. illegally. ‘‘It is difficult to understand how Those of us who care about how legis- Well, what did Mr. York discover? these companies can feel justified in lation is crafted can feel the hair rise Of course, the U.S. unemployment rate is demanding’’ that we ram through an on the back of our necks when we hear at 7.3 percent, with millions of American immigration bill doubling the number this because this is exactly what they workers at all skill levels out of work, and of workers, increasing dramatically the are trying to accomplish. They want millions more so discouraged that they have number of people who would be perma- the House to pass a bill or two to look left the work force altogether. In addition, at the same time the corporate officers seek nent residents of the United States, like it is tough on enforcement, then claiming they need workers, while go to conference and take the Senate higher numbers of immigrants, both low- skill and high-skill, many of their companies these very same companies all signed bill, which is a total disaster, and build are laying off thousands of workers. letters. We are laying off thousands of a bill that he likes, bring it back to the workers. We have to be realistic. floor of both Chambers where no They say they need more workers. How can it be they are laying off work- Senator SCHUMER is meeting with amendments can be offered, and ram it business groups to pressure Repub- through, to some degree like the mas- ers? For example, Hewlett-Packard, whose Ex- licans to join him in conference. But sive health care bill was rammed what do conservative thinkers have to through. That is what they want to do. ecutive Vice President for Human Resources say about Senator SCHUMER’s plan? I I think the House needs to be careful Tracy Keogh signed the letter, laid off 29,000 will share a few comments—and there about this. Once you go to conference, employees in 2012. are many more—from intellectuals and once you start meeting with these spe- So they want more foreign workers writers, some conservative, some cial groups—the Democrats want votes, and they just laid off 29,000 Americans? Oh, boy. That is a stunning number. maybe not conservative. union members want members, busi- The National Review wrote this: nesses want cheap labor, immigrant It goes on. By more than doubling the number of so- In August of this year, Cisco Systems, groups want to bring more and more. called guest workers admitted each year, the whose Senior Vice President and Chief Where are the American people in this? bill would help create a permanent Human Resources Officer Kathleen Weslock Who is paying for these ads they run on underclass of foreign workers. . . . The cre- signed the letter, announced plans to lay off television? Not the average guy. I don’t ation of a large population of second-class 4,000—in addition to the 8,000 cut in the last workers is undesirable from the point of view know any average guy sending them two years. money to run these ads. It is people of the American national interest, which who have a special interest in it. So they have laid off 12,000 people, should be our guiding force in this matter. Just a few days ago, a remarkable and now they can’t find people willing . . . The United States is a nation with an event happened. The human resource to work. economy, not an economy with a nation. managers for some of the Nation’s larg- United Technologies, whose Senior Vice Bill Kristol of Fox News, the editor est businesses groups—that is, the peo- President of Human Resources and Organiza- of the Weekly Standard, joined with ple in charge of hiring—sent a letter to tion Elizabeth B. Amato signed the letter, Rich Lowry, the editor of the National announced layoffs of 3,000 this year. Amer- House leaders claiming: Review, in an unusual joint editorial ican Express, whose Chief Human Resources and went on to lay out deep concerns Many of our companies continue to have Officer L. Kevin Cox signed the letter, cut difficulty finding sufficient American work- 5,400 jobs this year. about the passage of this. ers to fill certain lesser-skilled positions. Passing any version of the Gang of Eight’s Thus, in addition to addressing the need for Maybe they ought to try to give bill would be worse public policy than pass- more highly skilled immigrants, we strongly some of those jobs to people they laid ing nothing. House Republicans can do the support efforts to bolster the availability of off, many of whom probably worked for country a service by putting a stake through a workforce at all skill levels. . . . them for 20 years or more. its heart.

VerDate Mar 15 2010 03:17 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.050 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6639 Victor Davis Hanson, who has writ- wages. It has been documented. We cratic politicians who wanted votes. ten a book on immigration, is an excel- have had a significant decline in wages They have to be sure that is not who is lent columnist in California. over the last 30 years and a significant writing this bill because that is who The United States may be suffering the portion of that decline is directly re- has been writing it so far. It ought not most persistent unemployment since the lated to the large flow of immigrant to happen. Great Depression. There may be an unem- labor into America. The openness with which the advo- ployment rate of over 15 percent in many Of course, it has been accelerated by cates of this bill have discussed what small towns in the American Southwest. the illegality that is occurring in our they are trying to do is rather remark- American businesses may be flush country. I think we could sustain able. I hope it is a signal to our House with record amounts of cash, and farm something like the current legal flow, Members to be alert, to do the right prices may be at record levels. But we but we need to end the present ille- thing as they go forward in trying to are still lectured that without cheap gality, and we should not pass legisla- move a bill that ends the illegality, labor from south of the border, busi- tion that doubles the number that will that identifies what the right flow of nesses simply cannot profit. be coming in. immigrants into America is and cre- Peter Kirsanow, a member of the Polls show overwhelmingly that the ates a system that will actually work U.S. Commission on Civil Rights who American people do not support a large in a practical way in the future and has dealt with these issues for years increase in guest workers or low- will deal compassionately with people and has had hearings on and tried to skilled immigration. For instance, by a who have been here a long time and analyze the meaning and impact of 3-to-1 margin, Americans earning who have tried to otherwise be good these immigration flows, wrote this: under $30,000 support a decrease in citizens and do the right thing. Recent history shows that a grant of legal legal immigration, not an increase, not I yield the floor. status to illegal immigrants results in a fur- f ther influx of illegal immigrants who will a doubling of it. I am sure most do not crowd out low-skilled workers from the have any idea that Congress is about to EASTSIDE FORESTRY pass a law that would double the workforce. . . . Before the federal govern- Mr. WYDEN. Mr. President, I rise ment grants legal status to illegal immi- amount. grants, serious deliberations must be given But the one group that has not been today to acknowledge a success story to the effect such grant will have on the em- represented in this conversation has that is unfolding in Oregon just this ployment and earnings prospects of low- been the hard-working people of this week. It is a success story about for- skilled Americans. History shows that grant- estry, economic development, and col- country. All Americans, immigrants, ing such legal status is not without profound laboration. It is a success story about millions who have come to our coun- and substantial costs to American workers. real jobs guaranteed today and into the try, and the native-born alike will be Does Congress care? future at a time when many rural com- hurt by an immigration plan that is Thomas Sowell, the great African- munities are struggling. American writer, says this: guaranteed to reduce wages and per- In December 2009, I brought together ‘‘Jobs that Americans will not do’’ are in mits even more lawlessness in the fu- representatives of the timber industry fact jobs at which not enough Americans will ture. and conservationists, two groups that What makes America unique is the work at the current wage rate that some em- had been at odds with each other for ployers are offering. This is not an uncom- special reverence we place in the rule years over Federal timber policy. mon situation. That is why labor ‘‘short- of law and the special faith we place in ages’’ lead to higher wage rates. . . . Vir- These two factions reached an historic the everyday citizen. Let’s stay fast to agreement that was referred to as ‘‘the tually every kind of work Americans will not those principles. Let’s stand firm for do is, in fact, work that Americans have end of the timber wars.’’ While this those principles. agreement never became law, the For- done for generations. Let me say one more time: The heart est Service embraced portions of it and Look, salaries do make a difference. of the American people on the question David Frum: helped pave the way for the 10-year of immigration is good and decent. stewardship contract on the Malheur The United States is entering its sixth They have been misportrayed as oppos- year of extraordinarily high unemployment. National Forest, valued at $69 million, Twelve million Americans who want work ing all immigration and that is not so. that was just awarded to a consortium cannot find it. Millions more have quit But they are concerned about the law- of local companies. searching. Slack labor markets have de- lessness. They believe a great nation, This contract will be a major step in pressed wages throughout the economy. . . . their nation, should have a lawful sys- creating a healthier, more fire-resist- Yet however little workers earn, there is al- tem of immigration and people ought ant forest while providing millions of ways somebody who wishes they earned less. not, by the millions, violate those board feet of timber to a local mill; in And for those somebodies, the solution is: laws. Congress and the Presidents have Import more cheap labor. But not just any other words, jobs in the woods and jobs cheap labor—cheap labor that cannot quit, failed to respond to their legitimate re- in the mills. After that contract was that cannot accept a better offer, that can- quests, year after year, decade after announced, Ochoco Lumber, owners of not complain. decade. the last remaining mill in Grant Coun- There is too much truth in that. I am It is time for that to end. We need a ty, immediately announced that it will concerned about it and I think Ameri- lawful system of immigration that invest $2 million to $4 million in its cans should be concerned about it. This serves our national interests that we plant. Ochoco Lumber’s forward-think- is a bill that is antiworker. can be proud of, that allows a number ing owner, John Shelk, has consist- President Obama has said recently of people to come to this country, as ently sought to innovate and use tech- that Republicans want to accelerate many as we can. But we have to know nology to keep up with the changing the gap, the wealth gap between the they have a chance to get a good job, timber landscape. rich and the poor. That is not so. But their children will have a chance to get In partnership with Iron Triangle, his own White House has been the cen- a good job, and we are not displacing another local timber company, Ochoco tral entity driving—behind the scenes American workers who need jobs and a is poised to stay in the timber busi- as much as they possibly can be be- bit higher wage instead of a falling ness, and keep those paychecks com- cause they do not want their finger- wage. ing, for years to come. prints on it or they do not want it to be That is what this country ought to be These investments in healthy forests identified with the White House—but about. It was not part of the bill that and innovative mills are having im- they have been the central entity push- passed this Senate that is now waiting pacts throughout Grant County. An- ing the bill. It will have a direct im- to go to the House. The House needs to other partner in the consortium has pact on the wages and employment stabe very careful when they move for- announced that they have purchased tus of millions of Americans, particu- ward, if they move forward, with any an historic hotel in order to make sure larly low-income Americans who are legislation, that they do not go to a se- that there is housing for the influx of the ones who had their wages decline cret conference committee and include workers that everyone knows are going the most. all kinds of provisions driven by the to be coming. Professor Borjas, at Harvard, himself AFL–CIO and by the chamber of com- This is economic development and a refugee, is the leading expert on merce and by La Raza and by Demo- job creation at the speed of light when

VerDate Mar 15 2010 01:26 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.052 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6640 CONGRESSIONAL RECORD — SENATE September 19, 2013 you consider the disproportionate suf- at GAO that Mary developed a fierce Force, is finally returning home to fering the rural communities felt dur- reputation for rooting out waste, fraud, Pennsylvania. ing this recession. and abuse. In fact, this is what brought Louis Guillermin, the only child of It is because of stories like this that her to the U.S. Senate. After 10 years the late Wister and Myrtle Booker I introduced the Eastside bill this Con- at GAO, Mary was detailed to work for Guillermin, was born on January 6, gress, which just had a hearing at the former Senator Richard Lugar on the 1943, in West Chester, PA. Louis joined end of July. The new bill includes some Senate Agriculture Committee. Mary the Air Force after college and com- modifications from a previous bill to was so well respected in this position pleted his pilot training at Lackland reflect the progress on the ground. that by the end of her detail, she had Air Force Base in San Antonio, TX. In A healthy forest means a healthy two full committee chairmen asking addition, he received further training economy and my legislation will pro- her to join their staffs. in radar and celestial navigation in- vide the certainty to advance the vi- In the end, Mary joined the staff of struction at Connelly Air Force Base. sion laid out in the agreement. Advanc- former Senator Ted Stevens on the Louis was commissioned as a second ing this legislation will mean more Senate Appropriations Committee. lieutenant and awarded his silver wings jobs, more harvested trees, and While on the Appropriations Com- in April 1964. healthier forests. mittee staff, Mary was known for her During his second tour in South East So I stand today to congratulate superior work and ability to handle Asia, Major Guillermin flew counterin- Ochoco Lumber and Iron Triangle and complex and challenging matters. surgency missions as a navigator in an to thank the U.S. Forest Service. They These talents enabled her to advance A–26A Invader aircraft for the 609th Air are the partners that contributed to to very senior positions. In this role, Commando Squadron. On April 28, 1968, this this success. My hope is that we she served as a liaison to a number of at the age of 25, Major Guillermin’s air- can make this kind of success the norm Senators past and present including craft went down over Savannakhet for all rural communities. Senators Arlen Specter, Mike DeWine, Province, Laos. Louis would remain f Sam Brownback, THAD COCHRAN, and missing for many years and would myself. I was fortunate to have Mary achieve the rank of major while on TRIBUTE TO MARY DIETRICH serve as the minority clerk on the Fi- missing-in-action status. Many years Ms COLLINS. Mr. President, I rise nancial Services and General Govern- later, his aircraft was located, and on today to commemorate the distin- ment Appropriations Subcommittee May 28, 2013, the Department of De- guished public service of my chief of when I previously served as ranking fense positively identified his remains staff, Mary Dietrich, who will be retir- member. thanks to the efforts of the Joint Pris- ing from the Senate after more than 26 Similar to her accomplishments oners of War, Missing in Action Ac- years of public service. Mary’s depar- while serving as my chief of staff, counting Command. ture is not only a great loss to my of- Mary’s accomplishments on the Appro- Despite having been missing for all fice but also a loss to this Chamber and priations Committee are too numerous these years, Maj. Louis F. Guillermin the many Senators and Congressional to list in their entirety. Among them, was never forgotten. The Vietnam Vet- staff with whom she has worked however, include her work to increase erans of America, Chapter 436, of Ches- throughout her years of dedicated serv- funding to improve education for Dis- ter County, PA, adopted his name for ice. trict of Columbia public school stu- their chapter. Now, Louis will be laid Mary is not someone who seeks the dents, and a doubling of funding over a to rest on October 5, and on behalf of spotlight, but there is no question that 5-year period for the National Insti- the Commonwealth of Pennsylvania she truly has made a difference. Day in tutes of Health. and the Nation, I would like to wel- and day out she has demonstrated her Those who know Mary well know come him home. commitment to public service. Mary is that one of her favorite actresses is I share the story of Major Guillermin always willing to accept a challenge Julie Andrews. Julie Andrews once not only because the formal recogni- head on: The greater the challenge that said, ‘‘Sometimes opportunities float tion of his sacrifice is long overdue, but confronts her, the greater her tenacity right past your nose. Work hard, apply also as a reminder that there are many and resolve become. In addition, her yourself and be ready. When an oppor- others that remain missing. An esti- unparalleled understanding of the Sen- tunity comes, you can grab it.’’ When mated 1,644 members of the Armed ate is indicative of the deep apprecia- the chief of staff position became avail- Forces remain unaccounted for from tion and respect she has for this Cham- able in my office, asking Mary to lead the Vietnam War. A total of 91 of those ber. my office was an obvious decision. are from Pennsylvania. I would also Her skills and talents have benefitted There was no need for Mary to grab like to mention that there are an esti- many Mainers as well. Mary worked this opportunity. I could not think of a mated 83,000 total unaccounted for with me on my successful effort to better person for the job. That was members of the Armed Forces since allow the heaviest trucks to drive on nearly 4 years ago, and I could not World War II. We as a nation have a re- Federal highways in Maine. Previously, have asked for a more-trusted advisor. sponsibility to make every effort in ac- the heaviest trucks in Maine were di- Mary Dietrich has been the engine counting for the missing and providing verted onto secondary roadways that that keeps my staff moving. She has this information to the loved ones and ran through our crowded downtowns, guided my staff with the same tact, the communities who have experienced past schools and homes, and over busy wicked sense of humor, and sharp mind such a profound loss. May Major narrow streets. Because of this change that defined all her years of public Guillermin, and all missing-in-action in the law, both drivers and pedestrians service. Her retirement from the Sen- servicemembers who have passed on in Maine are safer. ate is a true loss, and she will be deeply from this world, rest in eternal peace. Mary also led my team to success in missed. You have more than earned your dig- my efforts to require that all fresh f nity and honor, as well as our rev- fruits and vegetables, including fresh erence. You are not forgotten. NATIONAL POW/MIA RECOGNITION white potatoes, be allowed as part of f the healthy lunches that are fed to our DAY Nation’s children in school cafeterias. MAJOR LOUIS FULDA GUILLERMIN DONATOS PIZZERIA Prior to joining my staff, Mary al- Mr. CASEY. Mr. President, I rise to Mr. PORTMAN. Mr. President, today ready had an exceptional career in pub- acknowledge the military service of a I wish to recognize the 50th anniver- lic service. Upon graduation from Pennsylvania constituent who paid the sary of Donatos Pizzeria, LLC, Miami University in Oxford, OH, Mary ultimate sacrifice for our Nation dur- headquartered in Columbus, OH. In went to work for the U.S. General Ac- ing the Vietnam War. Tomorrow, Sep- 1963, Jim Grote, then a college sopho- counting Office. At GAO, Mary man- tember 20, is National POW/MIA Rec- more at The Ohio State University, aged numerous and extensive reviews, ognition Day, so it is only fitting that opened the first Donatos Pizzeria on investigations, and audits of a wide I tell his story. After a 45-year absence, the south side of Columbus. Since then, range of government programs. It was Maj. Louis Fulda Guillermin, U.S. Air Donatos Pizzeria has expanded to 200

VerDate Mar 15 2010 01:26 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.049 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6641 restaurants in multiple States, and has EXECUTIVE MESSAGES REFERRED nications Commission, transmitting, pursuant to law, the report of a rule entitled employed generations of Ohioans. As in executive session the Presiding Mr. Grote founded his business on ‘‘Amendment of Section 1.80(b) of the Com- Officer laid before the Senate messages mission’s Rules; Adjustment of Civil Mone- three fundamentals: creating a supe- from the President of the United rior product, hiring great people, and tary Penalties to Reflect Inflation’’ (DA 13– States submitting sundry nominations 1615) received during adjournment of the adhering to strong principles that pro- which were referred to the appropriate Senate in the Office of the President of the mote goodwill in business and the com- committees. Senate on August 15, 2013; to the Committee munity. These principles have made (The messages received today are on Commerce, Science, and Transportation. Donatos Pizzeria one of the most well EC–2962. A communication from the Dep- printed at the end of the Senate pro- uty Assistant Administrator for Regulatory respected pizza chains in the industry, ceedings.) and in the community. As part of its Programs, Office of Sustainable Fisheries, service to its communities, Donatos f Department of Commerce, transmitting, pur- Pizzeria provides the opportunity for MESSAGE FROM THE HOUSE suant to law, the report of a rule entitled ‘‘Magnuson-Stevens Fishery Conservation schools, churches, sports teams, and At 1:11 p.m., a message from the and Management Act Provisions; Fisheries other social organizations to fundraise House of Representatives, delivered by of the Northeastern United States; Atlantic by purchasing its discounted pizza Mr. Novotny, one of its reading clerks, Surfclam and Ocean Quahog Fishery’’ card, which can be sold to receive a announced that the House has passed (RIN0648–BC21) received in the Office of the 70% return toward their organization. the following bills, in which it requests President of the Senate on September 9, 2013; to the Committee on Commerce, Science , I extend my sincere congratulations the concurrence of the Senate: to Donatos Pizzeria on 50 years of qual- and Transportation. H.R. 301. An act to provide for the estab- ity service throughout Ohio. EC–2963. A communication from the Acting lishment of the Special Envoy to Promote Deputy Director, Office of Sustainable Fish- f Religious Freedom of Religious Minorities in eries, Department of Commerce, transmit- ADDITIONAL STATEMENTS the Near East and South Central Asia. ting, pursuant to law, the report of a rule en- H.R. 761. An act to require the Secretary of titled ‘‘Magnuson-Stevens Act Provisions; the Interior and the Secretary of Agriculture Fisheries off West Coast States; Biennial TRIBUTE TO JAMES E. WILLIAMS, to more efficiently develop domestic sources Specifications and Management Measures; of the minerals and mineral materials of LILLIAN CROOM WILLIAMS, AND Inseason Adjustments’’ (RIN0648–BD47) re- strategic and critical importance to the ceived in the Office of the President of the MILTON WHARTON United States economic and national secu- Senate on September 9, 2013; to the Com- ∑ Mr. KIRK. Mr. President, I wish to rity and manufacturing competitiveness. mittee on Commerce, Science, and Transpor- support three Illinois citizens from f tation. EC–2964. A communication from the Acting East St. Louis who have made a lasting MEASURES REFERRED impact on their community. These Deputy Director, Office of Sustainable Fish- The following bills were read the first eries, Department of Commerce, transmit- leaders are the late James E. Williams, ting, pursuant to law, the report of a rule en- Sr., the first African-American mayor and the second times by unanimous consent, and referred as indicated: titled ‘‘Fisheries of the Caribbean, Gulf of of the City of East St. Louis, his wife Mexico, and South Atlantic; Snapper-Group- Lillian Croom Williams and Milton H.R. 301. An act to provide for the estab- er Fishery Off the South Atlantic States; Wharton, a retired circuit court judge lishment of the Special Envoy to Promote Amendment 22; Correction’’ (RIN0648–BA53) Religious Freedom of Religious Minorities in of the 20th Judicial Circuit of Illinois. received in the Office of the President of the the Near East and South Central Asia; to the Senate on September 9, 2013; to the Com- It is my pleasure to honor their service Committee on Foreign Relations. and highlight their commitment to the mittee on Commerce, Science, and Transpor- H.R. 761. An act to require the Secretary of tation. city. the Interior and the Secretary of Agriculture EC–2965. A communication from the Acting Besides his service as mayor, Mr. to more efficiently develop domestic sources Deputy Director, Office of Sustainable Fish- Williams also served as the school of the minerals and mineral materials of eries, Department of Commerce, transmit- board president of District 189. He was strategic and critical importance to United ting, pursuant to law, the report of a rule en- well known for his accessibility and States economic and national security and titled ‘‘Fisheries Off West Coast States; commitment to public service. manufacturing competitiveness; to the Com- Coastal Pelagic Species Fisheries; Closure’’ Mrs. Williams joined her husband in mittee on Energy and Natural Resources. (RIN0648–XC783) received in the Office of the public service as both an educator and f President of the Senate on September 9, 2013; civic leader. Her advocacy for higher to the Committee on Commerce, Science, EXECUTIVE AND OTHER and Transportation. education and support for local police, COMMUNICATIONS EC–2966. A communication from the Acting firefighters and teachers are among her The following communications were Deputy Director, Office of Sustainable Fish- lasting contributions to the area. laid before the Senate, together with eries, Department of Commerce, transmit- Judge Wharton earned his law degree ting, pursuant to law, the report of a rule en- accompanying papers, reports, and doc- from DePaul University in 1975, and titled ‘‘Fisheries Off West Coast States; uments, and were referred as indicated: was appointed an associate judge for Modifications of the West Coast Commercial the St. Clair County Circuit Court in EC–2959. A communication from the Chief Salmon Fisheries; Inseason Actions No. 6 of Staff, Wireline Competition Bureau, Fed- 1976. Twelve years later, he was elected through No. 11’’ (RIN0648–XC738) received in eral Communications Commission, transmit- the Office of the President of the Senate on as a full circuit judge for the 20th Judi- ting, pursuant to law, the report of a rule en- September 9, 2013; to the Committee on Com- cial Circuit. He has received numerous titled ‘‘Connect America Fund’’ ((RIN3060– merce, Science, and Transportation. awards and accolades and is an active AF85) (DA 13–97)) received during adjourn- EC–2967. A communication from the Acting Southern Illinois University ment of the Senate in the Office of the Presi- Deputy Director, Office of Sustainable Fish- Edwardsville alumni member. dent of the Senate on August 29, 2013; to the eries, Department of Commerce, transmit- These individuals will be honored Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- this month by the Emma L. Wilson- Transportation. titled ‘‘Atlantic Highly Migratory Species; EC–2960. A communication from the Pro- King Foundation, which provides schol- Atlantic Bluefin Tuna Fisheries’’ (RIN0648– gram Analyst, Office of Managing Director, XC789) received in the Office of the President arships and other resources to local Federal Communications Commission, trans- of the Senate on September 9, 2013; to the students. I join with the foundation in mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and honoring Mr. and Mrs. Williams, Judge entitled ‘‘In the Matter of Assessment and Transportation. Wharton and their families for their Collection of Regulatory Fees for Fiscal EC–2968. A communication from the Dep- important public service contribu- Year 2013; Procedures for Assessment and uty Assistant Administrator, Office of Sus- tions.∑ Collection of Regulatory Fees; Assessment tainable Fisheries, Department of Com- and Collection of Regulatory Fees for Fiscal merce, transmitting, pursuant to law, the re- f Year 2008’’ (FCC 13–110) received during ad- port of a rule entitled ‘‘Highly Migratory MESSAGES FROM THE PRESIDENT journment of the Senate in the Office of the Species; 2006 Consolidated Atlantic Highly President of the Senate on August 20, 2013; to Migratory Species Fishery Management Messages from the President of the the Committee on Commerce, Science, and Plan; Amendment 8’’ (RIN0648–BC31) received United States were communicated to Transportation. in the Office of the President of the Senate the Senate by Mr. Williams, one of his EC–2961. A communication from the Chief on September 9, 2013; to the Committee on secretaries. of the Enforcement Bureau, Federal Commu- Commerce, Science, and Transportation.

VerDate Mar 15 2010 01:26 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.048 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6642 CONGRESSIONAL RECORD — SENATE September 19, 2013 EC–2969. A communication from the Acting EC–2977. A communication from the Direc- EC–2985. A communication from the Para- Deputy Director, Office of Sustainable Fish- tor, Office of Sustainable Fisheries, Depart- legal Specialist, Federal Aviation Adminis- eries, Department of Commerce, transmit- ment of Commerce, transmitting, pursuant tration, Department of Transportation, ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Fish- transmitting, pursuant to law, the report of titled ‘‘Fisheries of the Exclusive Economic eries of the Caribbean, Gulf of Mexico, and a rule entitled ‘‘Amendment of Class D and E Zone Off Alaska; Northern Rockfish in the South Atlantic; Snapper-Grouper Fishery Off Airspace, and Establishment of Class E Air- Western Regulatory Area of the Gulf of Alas- the Southern Atlantic States; Regulatory space; Oceana NAS, VA’’ ((RIN2120–AA66) ka’’ (RIN0648–XC769) received during ad- Amendment 18’’ (RIN0648–BD04) received dur- (Docket No. FAA–2013–0038)) received in the journment of the Senate in the Office of the ing adjournment of the Senate in the Office Office of the President of the Senate on Sep- President of the Senate on August 20, 2013; to of the President of the Senate on August 20, tember 9, 2013; to the Committee on Com- the Committee on Commerce, Science, and 2013; to the Committee on Commerce, merce, Science, and Transportation. Transportation. Science, and Transportation. EC–2986. A communication from the Para- EC–2970. A communication from the Acting EC–2978. A communication from the Direc- legal Specialist, Federal Aviation Adminis- Deputy Director, Office of Sustainable Fish- tor, Office of Sustainable Fisheries, Depart- tration, Department of Transportation, eries, Department of Commerce, transmit- ment of Commerce, transmitting, pursuant transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Fish- a rule entitled ‘‘Amendment of Class D and titled ‘‘Fisheries of the Exclusive Economic eries of the Caribbean, Gulf of Mexico, and Class E Airspace; San Marcos, TX’’ Zone Off Alaska; Pacific Ocean Perch in the South Atlantic; Reef Fish Fishery of Puerto ((RIN2120–AA66) (Docket No. FAA–2013–0273)) Bering Sea and Aleutian Islands Manage- Rico and the U.S. Virgin Islands; Parrotfish received in the Office of the President of the ment Area’’ (RIN0648–XC757) received during Management Measures in St. Croix’’ Senate on September 9, 2013; to the Com- adjournment of the Senate in the Office of (RIN0648–BC20) received during adjournment mittee on Commerce, Science, and Transpor- the President of the Senate on August 20, of the Senate in the Office of the President tation. 2013; to the Committee on Commerce, of the Senate on August 20, 2013; to the Com- EC–2987. A communication from the Para- Science, and Transportation. mittee on Commerce, Science, and Transpor- legal Specialist, Federal Aviation Adminis- EC–2971. A communication from the Acting tation. tration, Department of Transportation, Deputy Director, Office of Sustainable Fish- EC–2979. A communication from the Para- transmitting, pursuant to law, the report of eries, Department of Commerce, transmit- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Amendment of Class E Air- ting, pursuant to law, the report of a rule en- tration, Department of Transportation, space; Salt Lake City, UT’’ ((RIN2120–AA66) titled ‘‘Fisheries of the Exclusive Economic transmitting, pursuant to law, the report of (Docket No. FAA–2012–1303)) received in the Zone Off Alaska; Thornyhead Rockfish in the a rule entitled ‘‘Modification of Class B Air- Office of the President of the Senate on Sep- Western Regulatory Area of the Gulf of Alas- space, Las Vegas, NV’’ ((RIN2120–AA66) tember 9, 2013; to the Committee on Com- ka’’ (RIN0648–XC818) received in the Office of (Docket No. FAA–2012–0966)) received in the merce, Science, and Transportation. the President of the Senate on September 9, Office of the President of the Senate on Sep- EC–2988. A communication from the Para- 2013; to the Committee on Commerce, tember 9, 2013; to the Committee on Com- legal Specialist, Federal Aviation Adminis- Science, and Transportation. merce, Science, and Transportation. tration, Department of Transportation, EC–2980. A communication from the Para- EC–2972. A communication from the Direc- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- tor, Office of Sustainable Fisheries, Depart- a rule entitled ‘‘Amendment of Class E Air- tration, Department of Transportation, ment of Commerce, transmitting, pursuant space; Gustavus, AK’’ ((RIN2120–AA66) transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Fish- (Docket No. FAA–2013–0282)) received in the a rule entitled ‘‘Amendment of Class D Air- eries of the Northeastern United States; Office of the President of the Senate on Sep- space, Waco, TX, and Establishment of Class Tilefish Fishery Management Plan; Regu- tember 9, 2013; to the Committee on Com- D Airspace; Waco, TSTC-Waco Airport, TX’’ latory Amendment, Corrections, and Clari- merce, Science, and Transportation. ((RIN2120–AA66) (Docket No. FAA–2013–0136)) fications’’ (RIN0648–BC05) received in the Of- EC–2989. A communication from the Para- received in the Office of the President of the fice of the President of the Senate on Sep- legal Specialist, Federal Aviation Adminis- Senate on September 9, 2013; to the Com- tember 9, 2013; to the Committee on Com- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- merce, Science , and Transportation. transmitting, pursuant to law, the report of EC–2973. A communication from the Direc- tation. EC–2981. A communication from the Para- a rule entitled ‘‘Amendment of Class E Air- tor, Office of Sustainable Fisheries, Depart- legal Specialist, Federal Aviation Adminis- space; Tri-Cities, TN’’ ((RIN2120–AA66) ment of Commerce, transmitting, pursuant tration, Department of Transportation, (Docket No. FAA–2013–0609)) received in the to law, the report of a rule entitled ‘‘Fish- transmitting, pursuant to law, the report of Office of the President of the Senate on Sep- eries of the Caribbean, Gulf of Mexico, and a rule entitled ‘‘Amendment of Class D Air- tember 9, 2013; to the Committee on Com- South Atlantic; Sapper-Grouper Fishery Off space; Columbus, Rickenbacker Inter- merce, Science, and Transportation. the Southern Atlantic States; Regulatory national Airport, OH’’ ((RIN2120–AA66) EC–2990. A communication from the Para- Amendment 15’’ (RIN0648–BC60) received in (Docket No. FAA–2013–0270)) received in the legal Specialist, Federal Aviation Adminis- the Office of the President of the Senate on Office of the President of the Senate on Sep- tration, Department of Transportation, September 9, 2013; to the Committee on Com- tember 9, 2013; to the Committee on Com- transmitting, pursuant to law, the report of merce, Science, and Transportation. merce, Science, and Transportation. a rule entitled ‘‘Establishment of Class E EC–2974. A communication from the Direc- EC–2982. A communication from the Para- Airspace; Mahnomen, MN’’ ((RIN2120–AA66) tor, Office of Sustainable Fisheries, Depart- legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2012–1283)) received in the ment of Commerce, transmitting, pursuant tration, Department of Transportation, Office of the President of the Senate on Sep- to law, the report of a rule entitled ‘‘List of transmitting, pursuant to law, the report of tember 9, 2013; to the Committee on Com- Fisheries for 2013’’ (RIN0648–BC71) received a rule entitled ‘‘Amendment of Class D Air- merce, Science, and Transportation. in the Office of the President of the Senate space, Grand Forks AFB, ND’’ ((RIN2120– EC–2991. A communication from the Para- on September 9, 2013; to the Committee on AA66) (Docket No. FAA–2013–0261)) received legal Specialist, Federal Aviation Adminis- Commerce, Science, and Transportation. in the Office of the President of the Senate tration, Department of Transportation, EC–2975. A communication from the Direc- on September 9, 2013; to the Committee on transmitting, pursuant to law, the report of tor, Office of Sustainable Fisheries, Depart- Commerce, Science, and Transportation. a rule entitled ‘‘Establishment of Class E ment of Commerce, transmitting, pursuant EC–2983. A communication from the Para- Airspace; Tuba City, AZ’’ ((RIN2120–AA66) to law, the report of a rule entitled ‘‘Western legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2013–0147)) received in the Pacific Fisheries; 2013 Annual Catch Limits tration, Department of Transportation, Office of the President of the Senate on Sep- and Accountability Measures; Correcting transmitting, pursuant to law, the report of tember 9, 2013; to the Committee on Com- Amendment’’ (RIN0648–XC351) received dur- a rule entitled ‘‘Amendment of Class D Air- merce, Science, and Transportation. ing adjournment of the Senate in the Office space, Bryant AAF, Anchorage, AK’’ EC–2992. A communication from the Para- of the President of the Senate on August 20, ((RIN2120–AA66) (Docket No. FAA–2012–0433)) legal Specialist, Federal Aviation Adminis- 2013; to the Committee on Commerce, received in the Office of the President of the tration, Department of Transportation, Science, and Transportation. Senate on September 9, 2013; to the Com- transmitting, pursuant to law, the report of EC–2976. A communication from the Direc- mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Establishment of Class E tor, Office of Sustainable Fisheries, Depart- tation. Airspace; Wagner, SD’’ ((RIN2120–AA66) ment of Commerce, transmitting, pursuant EC–2984. A communication from the Para- (Docket No. FAA–2013–0004)) received in the to law, the report of a rule entitled ‘‘Fish- legal Specialist, Federal Aviation Adminis- Office of the President of the Senate on Sep- eries of the Caribbean, Gulf of Mexico, and tration, Department of Transportation, tember 9, 2013; to the Committee on Com- South Atlantic; Snapper-Grouper Fishery Off transmitting, pursuant to law, the report of merce, Science, and Transportation. the Southern Atlantic States; Amendment a rule entitled ‘‘Amendment of Class D Air- EC–2993. A communication from the Para- 28’’ (RIN0648–BC63) received during adjourn- space; Sparta, WI’’ ((RIN2120–AA66) (Docket legal Specialist, Federal Aviation Adminis- ment of the Senate in the Office of the Presi- No. FAA–2013–0165)) received in the Office of tration, Department of Transportation, dent of the Senate on August 20, 2013; to the the President of the Senate on September 9, transmitting, pursuant to law, the report of Committee on Commerce, Science, and 2013; to the Committee on Commerce, a rule entitled ‘‘Establishment of Class E Transportation. Science, and Transportation. Airspace; Walker, MN’’ ((RIN2120–AA66)

VerDate Mar 15 2010 01:26 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.007 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6643 (Docket No. FAA–2013–0266)) received in the EC–3002. A communication from the Para- tration, Department of Transportation, Office of the President of the Senate on Sep- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of tember 9, 2013; to the Committee on Com- tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. transmitting, pursuant to law, the report of Airbus Airplanes’’ ((RIN2120–AA64) (Docket EC–2994. A communication from the Para- a rule entitled ‘‘Standard Instrument Ap- No. FAA–2013–0671)) received in the Office of legal Specialist, Federal Aviation Adminis- proach Procedures, and Takeoff Minimums the President of the Senate on September 9, tration, Department of Transportation, and Obstacle Departure Procedures; Mis- 2013; to the Committee on Commerce, transmitting, pursuant to law, the report of cellaneous Amendments (11); Amdt. No. 3545’’ Science, and Transportation. a rule entitled ‘‘Modification of Class E Air- (RIN2120–AA65) received in the Office of the EC–3011. A communication from the Para- space; Brigham City, UT’’ ((RIN2120–AA66) President of the Senate on September 9, 2013; legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2013–0414)) received in the to the Committee on Commerce, Science, tration, Department of Transportation, Office of the President of the Senate on Sep- and Transportation. transmitting, pursuant to law, the report of tember 9, 2013; to the Committee on Com- EC–3003. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- Eurocopter France Helicopters’’ ((RIN2120– EC–2995. A communication from the Para- tration, Department of Transportation, AA64) (Docket No. FAA–2011–1158)) received legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of in the Office of the President of the Senate tration, Department of Transportation, a rule entitled ‘‘Standard Instrument Ap- on September 9, 2013; to the Committee on transmitting, pursuant to law, the report of proach Procedures, and Takeoff Minimums Commerce, Science, and Transportation. a rule entitled ‘‘Amendment of Class E Air- and Obstacle Departure Procedures; Mis- EC–3012. A communication from the Para- space; Commerce, TX’’ ((RIN2120–AA66) cellaneous Amendments (6); Amdt. No. 3544’’ legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2013–0269)) received in the (RIN2120–AA65) received in the Office of the tration, Department of Transportation, Office of the President of the Senate on Sep- President of the Senate on September 9, 2013; transmitting, pursuant to law, the report of tember 9, 2013; to the Committee on Com- to the Committee on Commerce, Science, a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. and Transportation. BRP-Powertrain GmbH and Co KG Rotax Re- EC–2996. A communication from the Para- EC–3004. A communication from the Para- ciprocating Engines’’ ((RIN2120–AA64) (Dock- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- et No. FAA–2013–0263)) received in the Office tration, Department of Transportation, tration, Department of Transportation, of the President of the Senate on September transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of 9, 2013; to the Committee on Commerce, a rule entitled ‘‘Amendment of Class E Air- a rule entitled ‘‘Airworthiness Directives; Science, and Transportation. space; Mason, TX’’ ((RIN2120–AA66) (Docket Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) EC–3013. A communication from the Para- No. FAA–2012–1141)) received in the Office of (Docket No. FAA–2013–0297)) received in the legal Specialist, Federal Aviation Adminis- the President of the Senate on September 9, Office of the President of the Senate on Sep- tration, Department of Transportation, 2013; to the Committee on Commerce, tember 9, 2013; to the Committee on Com- transmitting, pursuant to law, the report of Science, and Transportation. merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; EC–2997. A communication from the Para- EC–3005. A communication from the Para- Pratt and Whitney Canada Corp. Turboprop legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- Engines’’ ((RIN2120–AA64) (Docket No. FAA– tration, Department of Transportation, tration, Department of Transportation, 2013–0197)) received in the Office of the Presi- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of dent of the Senate on September 9, 2013; to a rule entitled ‘‘Amendment of Class E Air- a rule entitled ‘‘Airworthiness Directives; the Committee on Commerce, Science, and space; Gruver, TX’’ ((RIN2120–AA66) (Docket General Electric Company Turbofan En- Transportation. No. FAA–2011–1111)) received in the Office of gines’’ ((RIN2120–AA64) (Docket No. FAA– EC–3014. A communication from the Para- the President of the Senate on September 9, 2013–0447)) received in the Office of the Presi- legal Specialist, Federal Aviation Adminis- 2013; to the Committee on Commerce, dent of the Senate on September 9, 2013; to tration, Department of Transportation, Science, and Transportation. the Committee on Commerce, Science, and transmitting, pursuant to law, the report of EC–2998. A communication from the Para- Transportation. a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- EC–3006. A communication from the Para- Eurocopter Deutschland GmbH Helicopters’’ tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2011–1285)) transmitting, pursuant to law, the report of tration, Department of Transportation, received in the Office of the President of the a rule entitled ‘‘Amendment of Class E Air- transmitting, pursuant to law, the report of Senate on September 9, 2013; to the Com- space; Factoryville, PA’’ ((RIN2120–AA66) a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- (Docket No. FAA–2013–0345)) received in the Dassault Aviation Airplanes’’ ((RIN2120– tation. Office of the President of the Senate on Sep- AA64) (Docket No. FAA–2013–0669)) received EC–3015. A communication from the Para- tember 9, 2013; to the Committee on Com- in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. on September 9, 2013; to the Committee on tration, Department of Transportation, EC–2999. A communication from the Para- Commerce, Science, and Transportation. transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- EC–3007. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) transmitting, pursuant to law, the report of tration, Department of Transportation, (Docket No. FAA–2013–0209)) received in the a rule entitled ‘‘Amendment of Class E Air- transmitting, pursuant to law, the report of Office of the President of the Senate on Sep- space; Bedford, PA’’ ((RIN2120–AA66) (Docket a rule entitled ‘‘Airworthiness Directives; tember 9, 2013; to the Committee on Com- No. FAA–2013–0359)) received in the Office of Gulfstream Aerospace LP’’ ((RIN2120–AA64) merce, Science, and Transportation. the President of the Senate on September 9, (Docket No. FAA–2013–0093)) received in the EC–3016. A communication from the Para- 2013; to the Committee on Commerce, Office of the President of the Senate on Sep- legal Specialist, Federal Aviation Adminis- Science, and Transportation. tember 9, 2013; to the Committee on Com- tration, Department of Transportation, EC–3000. A communication from the Para- merce, Science, and Transportation. transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- EC–3008. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) transmitting, pursuant to law, the report of tration, Department of Transportation, (Docket No. FAA–2013–0216)) received in the a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of Office of the President of the Senate on Sep- proach Procedures, and Takeoff Minimums a rule entitled ‘‘Airworthiness Directives; tember 9, 2013; to the Committee on Com- and Obstacle Departure Procedures; Mis- The Boeing Company Airplanes’’ ((RIN2120– merce, Science, and Transportation. cellaneous Amendments (134); Amdt. No. AA64) (Docket No. FAA–2012–1156)) received EC–3017. A communication from the Para- 3546’’ (RIN2120–AA65) received in the Office of in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- the President of the Senate on September 9, on September 9, 2013; to the Committee on tration, Department of Transportation, 2013; to the Committee on Commerce, Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Science, and Transportation. EC–3009. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; EC–3001. A communication from the Para- legal Specialist, Federal Aviation Adminis- Eurocopter France Helicopters’’ ((RIN2120– legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, AA64) (Docket No. FAA–2012–1297)) received tration, Department of Transportation, transmitting, pursuant to law, the report of in the Office of the President of the Senate transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; on September 9, 2013; to the Committee on a rule entitled ‘‘Standard Instrument Ap- Various Restricted Category Helicopters’’ Commerce, Science, and Transportation. proach Procedures, and Takeoff Minimums ((RIN2120–AA64) (Docket No. FAA–2010–0564)) EC–3018. A communication from the Para- and Obstacle Departure Procedures; Mis- received in the Office of the President of the legal Specialist, Federal Aviation Adminis- cellaneous Amendments (109); Amdt. No. Senate on September 9, 2013; to the Com- tration, Department of Transportation, 3547’’ (RIN2120–AA65) received in the Office of mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of the President of the Senate on September 9, tation. a rule entitled ‘‘Airworthiness Directives; 2013; to the Committee on Commerce, EC–3010. A communication from the Para- Eurocopter Deutschland GmbH Helicopters’’ Science, and Transportation. legal Specialist, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2012–0566))

VerDate Mar 15 2010 01:43 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.008 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6644 CONGRESSIONAL RECORD — SENATE September 19, 2013 received in the Office of the President of the transmitting, pursuant to law, the report of fice of the President of the Senate on Sep- Senate on September 9, 2013; to the Com- a rule entitled ‘‘Airworthiness Directives; tember 9, 2013; to the Committee on Com- mittee on Commerce, Science, and Transpor- Austro Engine GmbH Engines’’ ((RIN2120– merce, Science, and Transportation. tation. AA64) (Docket No. FAA–2013–0164)) received EC–3036. A communication from the Attor- EC–3019. A communication from the Para- in the Office of the President of the Senate ney-Advisor, U.S. Coast Guard, Department legal Specialist, Federal Aviation Adminis- on September 9, 2013; to the Committee on of Homeland Security, transmitting, pursu- tration, Department of Transportation, Commerce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Sea- transmitting, pursuant to law, the report of EC–3028. A communication from the Para- going Barges’’ ((RIN1625–AC03) (Docket No. a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- USCG–2011–0363)) received in the Office of the Agusta S.p.A. and Bell Helicopter Textron tration, Department of Transportation, President of the Senate on September 9, 2013; Helicopters’’ ((RIN2120–AA64) (Docket No. transmitting, pursuant to law, the report of to the Committee on Commerce, Science, FAA–2013–0145)) received in the Office of the a rule entitled ‘‘Airworthiness Directives; and Transportation. President of the Senate on September 9, 2013; Eurocopter France (Eurocopter) Heli- EC–3037. A communication from the Attor- to the Committee on Commerce, Science, copters’’ ((RIN2120–AA64) (Docket No. FAA– ney-Advisor, U.S. Coast Guard, Department and Transportation. 2013–0638)) received in the Office of the Presi- of Homeland Security, transmitting, pursu- EC–3020. A communication from the Para- dent of the Senate on September 9, 2013; to ant to law, the report of a rule entitled ‘‘Spe- legal Specialist, Federal Aviation Adminis- the Committee on Commerce, Science, and cial Anchorage Areas; Port of New York, tration, Department of Transportation, Transportation. NY’’ ((RIN1625–AA00) (Docket No. USCG– transmitting, pursuant to law, the report of EC–3029. A communication from the Para- 2011–0563)) received in the Office of the Presi- a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- dent of the Senate on September 9, 2013; to Airbus Airplanes’’ ((RIN2120–AA64) (Docket tration, Department of Transportation, the Committee on Commerce, Science, and No. FAA–2012–1033)) received in the Office of transmitting, pursuant to law, the report of Transportation. the President of the Senate on September 9, a rule entitled ‘‘Airworthiness Directives; EC–3038. A communication from the Attor- 2013; to the Committee on Commerce, Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. (Docket No. FAA–2013–0623)) received in the of Homeland Security, transmitting, pursu- EC–3021. A communication from the Para- Office of the President of the Senate on Sep- ant to law, the report of a rule entitled legal Specialist, Federal Aviation Adminis- tember 9, 2013; to the Committee on Com- ‘‘Double Hull Tanker Escorts on the Waters tration, Department of Transportation, merce, Science, and Transportation. of Prince William Sound, Alaska’’ ((RIN1625– transmitting, pursuant to law, the report of EC–3030. A communication from the Para- AB96) (Docket No. USCG–2012–0975)) received a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- in the Office of the President of the Senate Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) tration, Department of Transportation, on September 9, 2013; to the Committee on (Docket No. FAA–2013–0367)) received in the transmitting, pursuant to law, the report of Commerce, Science, and Transportation. EC–3039. A communication from the Attor- Office of the President of the Senate on Sep- a rule entitled ‘‘Airworthiness Directives; ney-Advisor, U.S. Coast Guard, Department tember 9, 2013; to the Committee on Com- Hartzell Propeller, Inc. Propellers’’ of Homeland Security, transmitting, pursu- merce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2013–0130)) ant to law, the report of a rule entitled ‘‘Ves- EC–3022. A communication from the Para- received in the Office of the President of the sel Traffic Service Updates, Including Estab- legal Specialist, Federal Aviation Adminis- Senate on September 9, 2013; to the Com- lishment of Vessel Traffic Service Require- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- ments for Port Arthur, Texas and Expansion transmitting, pursuant to law, the report of tation. of VTS Special Operating Area in Puget a rule entitled ‘‘Airworthiness Directives; EC–3031. A communication from the Para- Sound’’ ((RIN1625–AB81) (Docket No. USCG– Eurocopter France Helicopters’’ ((RIN2120– legal Specialist, Federal Aviation Adminis- 2011–1024)) received in the Office of the Presi- AA64) (Docket No. FAA–2013–0353)) received tration, Department of Transportation, dent of the Senate on September 9, 2013; to in the Office of the President of the Senate transmitting, pursuant to law, the report of the Committee on Commerce, Science, and on September 9, 2013; to the Committee on a rule entitled ‘‘Airworthiness Directives; Transportation. Commerce, Science, and Transportation. The Boeing Company Airplanes’’ ((RIN2120– EC–3040. A communication from the Attor- EC–3023. A communication from the Para- AA64) (Docket No. FAA–2013–0628)) received ney-Advisor, U.S. Coast Guard, Department legal Specialist, Federal Aviation Adminis- in the Office of the President of the Senate of Homeland Security, transmitting, pursu- tration, Department of Transportation, on September 9, 2013; to the Committee on ant to law, the report of a rule entitled transmitting, pursuant to law, the report of Commerce, Science, and Transportation. ‘‘Drawbridge Operation Regulation; Taunton a rule entitled ‘‘Airworthiness Directives; EC–3032. A communication from the Para- River, Fall River and Somerset, MA’’ Learjet Inc. Airplanes’’ ((RIN2120–AA64) legal Specialist, Federal Aviation Adminis- ((RIN1625–AA09) (Docket No. USCG–2013– (Docket No. FAA–2013–0213)) received in the tration, Department of Transportation, 0291)) received in the Office of the President Office of the President of the Senate on Sep- transmitting, pursuant to law, the report of of the Senate on September 9, 2013; to the tember 9, 2013; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives; Committee on Commerce, Science, and merce, Science, and Transportation. Bell Helicopter Textron Helicopters’’ Transportation. EC–3024. A communication from the Para- ((RIN2120–AA64) (Docket No. FAA–2013–0639)) EC–3041. A communication from the Attor- legal Specialist, Federal Aviation Adminis- received in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department tration, Department of Transportation, Senate on September 9, 2013; to the Com- of Homeland Security, transmitting, pursu- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled a rule entitled ‘‘Airworthiness Directives; tation. ‘‘Drawbridge Operation Regulation; Wolf The Boeing Company Airplanes’’ ((RIN2120– EC–3033. A communication from the Para- River, Gills Landing and Winneconne, WI’’ AA64) (Docket No. FAA–2013–0206)) received legal Specialist, Federal Aviation Adminis- ((RIN1625–AA09) (Docket No. USCG–2013– in the Office of the President of the Senate tration, Department of Transportation, 0252)) received in the Office of the President on September 9, 2013; to the Committee on transmitting, pursuant to law, the report of of the Senate on September 9, 2013; to the Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Committee on Commerce, Science, and EC–3025. A communication from the Para- CFM International, S.A. Turbofan Engines’’ Transportation. legal Specialist, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2012–1114)) EC–3042. A communication from the Attor- tration, Department of Transportation, received in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of Senate on September 9, 2013; to the Com- of Homeland Security, transmitting, pursu- a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled The Boeing Company Airplanes’’ ((RIN2120– tation. ‘‘Regulated Navigation Area; Maine Ken- AA64) (Docket No. FAA–2013–0204)) received EC–3034. A communication from the Para- nebec Bridge Construction Zone, Kennebec in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- River, Richmond, ME’’ ((RIN1625–AA11) on September 9, 2013; to the Committee on tration, Department of Transportation, (Docket No. USCG–2013–0329)) received in the Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Office of the President of the Senate on Sep- EC–3026. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; tember 9, 2013; to the Committee on Com- legal Specialist, Federal Aviation Adminis- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) merce, Science, and Transportation. tration, Department of Transportation, (Docket No. FAA–2012–1222)) received in the EC–3043. A communication from the Attor- transmitting, pursuant to law, the report of Office of the President of the Senate on Sep- ney-Advisor, U.S. Coast Guard, Department a rule entitled ‘‘Airworthiness Directives; tember 9, 2013; to the Committee on Com- of Homeland Security, transmitting, pursu- The Boeing Company Airplanes’’ ((RIN2120– merce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Spe- AA64) (Docket No. FAA–2013–0299)) received EC–3035. A communication from the Para- cial Local Regulation, Cumberland River, in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- Mile 157.0 to 159.0; Ashland City, TN’’ on September 9, 2013; to the Committee on tration, Department of Transportation, ((RIN1625–AA08) (Docket No. USCG–2013– Commerce, Science, and Transportation. transmitting, pursuant to law, the report of 0718)) received in the Office of the President EC–3027. A communication from the Para- a rule entitled ‘‘Part 95 Instrument Flight of the Senate on September 9, 2013; to the legal Specialist, Federal Aviation Adminis- Rules; Miscellaneous Amendments (4); Amdt. Committee on Commerce, Science, and tration, Department of Transportation, No. 508’’ (RIN2120–AA63) received in the Of- Transportation.

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.009 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6645 EC–3044. A communication from the Attor- EC–3051. A communication from the Acting of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department Deputy Director, Office of Sustainable Fish- ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- eries, Department of Commerce, transmit- ‘‘Safety Zone; Battle of Lake Erie Fire- ant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- works, Lake Erie, Put-in-Bay, OH’’ ‘‘Regulated Navigation Areas, Security titled ‘‘Fisheries of the Northeastern United ((RIN1625–AA00) (Docket No. USCG–2013– Zones: Dignitary Arrival/Departure and States; Scup Fishery; Adjustment to the 2013 0697)) received in the Office of the President United Nations Meetings, New York, NY’’ Winter II Quota’’ (RIN0648–XC749) received of the Senate on September 9, 2013; to the ((RIN1625–AA11; 1625–AA87) (Docket No. during adjournment of the Senate in the Of- Committee on Commerce, Science, and USCG–2012–0202)) received in the Office of the fice of the President of the Senate on Sep- Transportation. President of the Senate on September 9, 2013; tember 5, 2013; to the Committee on Com- EC–3060. A communication from the Ad- to the Committee on Commerce, Science, merce, Science, and Transportation. ministrator, Federal Aviation Administra- and Transportation. EC–3052. A communication from the Acting tion, Department of Transportation, trans- EC–3045. A communication from the Attor- Deputy Director, Office of Sustainable Fish- mitting, pursuant to law, a report entitled ney-Advisor, U.S. Coast Guard, Department eries, Department of Commerce, transmit- ‘‘National Airspace System Capital Invest- of Homeland Security, transmitting, pursu- ting, pursuant to law, the report of a rule en- ment Plan Fiscal Years 2014–2018’’; to the ant to law, the report of a rule entitled ‘‘2012 titled ‘‘Fisheries of the Exclusive Economic Committee on Commerce, Science, and Liquid Chemical Categorization Updates’’ Zone Off Alaska; Reallocation of Pollock in Transportation. EC–3061. A communication from the Con- ((RIN1625–AB94) (Docket No. USCG–2013– the Bering Sea and Aleutian Islands’’ gressional Review Coordinator, Animal and 0423)) received in the Office of the President (RIN0648–XC803) received during adjourn- Plant Health Inspection Service, Department of the Senate on September 9, 2013; to the ment of the Senate in the Office of the Presi- Committee on Commerce, Science, and of Agriculture, transmitting, pursuant to dent of the Senate on September 5, 2013; to law, the report of a rule entitled ‘‘Interstate Transportation. the Committee on Commerce, Science, and EC–3046. A communication from the Dep- Movement of Sharwil Avocados From Ha- Transportation. waii’’ ((RIN0579–AD70) (Docket No. APHIS– uty Chief, Consumer and Governmental Af- EC–3053. A communication from the Acting 2012–0008)) received in the Office of the Presi- fairs Bureau, Federal Communications Com- Deputy Director, Office of Sustainable Fish- mission, transmitting, pursuant to law, the dent of the Senate on September 16, 2013; to eries, Department of Commerce, transmit- the Committee on Agriculture, Nutrition, report of a rule entitled ‘‘Misuse of Internet ting, pursuant to law, the report of a rule en- and Forestry. Protocol (IP) Captioned Telephone Service; titled ‘‘Fisheries of the Exclusive Economic EC–3062. A communication from the Direc- Telecommunications Relay Services and Zone Off Alaska; Pacific Ocean Perch in the tor of the Regulatory Management Division, Speech-to-Speech Services for Individuals West Yakutat District of the Gulf of Alaska’’ Environmental Protection Agency, transmit- with Hearing and Speech Disabilities, CG (RIN0648–XC771) received during adjourn- ting, pursuant to law, the report of a rule en- Docket Nos. 13–24 and 03–123, Report and ment of the Senate in the Office of the Presi- titled ‘‘Styrene, Copolymers with Acrylic Order and Further Notice of Proposed Rule- dent of the Senate on September 5, 2013; to Acid and/or Methacrylic Acid; Tolerance Ex- making’’ (FCC 13–118) received during ad- the Committee on Commerce, Science, and emption’’ (FRL No. 9396–9) received in the journment of the Senate in the Office of the Transportation. Office of the President of the Senate on Sep- President of the Senate on September 3, 2013; EC–3054. A communication from the Attor- tember 10, 2013; to the Committee on Agri- to the Committee on Commerce, Science, ney-Advisor, U.S. Coast Guard, Department culture, Nutrition, and Forestry. and Transportation. of Homeland Security, transmitting, pursu- EC–3063. A communication from the Direc- EC–3047. A communication from the Assist- ant to law, the report of a rule entitled tor of the Regulatory Management Division, ant Chief Counsel for Hazardous Materials ‘‘Safety Zones; Recurring Events in Captain Environmental Protection Agency, transmit- Safety, Pipeline and Hazardous Materials of the Port Duluth Zone’’ ((RIN1625–AA00) ting, pursuant to law, the report of a rule en- Safety Administration, Department of (Docket No. USCG–2013–0214)) received in the titled ‘‘Chlorantraniliprole; Pesticide Toler- Transportation, transmitting, pursuant to Office of the President of the Senate on Sep- ances’’ (FRL No. 9395–1) received in the Of- law, the report of a rule entitled ‘‘Hazardous tember 9, 2013; to the Committee on Com- fice of the President of the Senate on Sep- Materials: Approval and Communication Re- merce, Science, and Transportation. tember 17, 2013; to the Committee on Agri- quirements for the Safe Transportation of EC–3055. A communication from the Attor- culture, Nutrition, and Forestry. Air Bag Inflators, Air Bag Modules, and ney-Advisor, U.S. Coast Guard, Department EC–3064. A communication from the Direc- Seat-Belt Pretensioners (RRR)’’ (RIN2137– of Homeland Security, transmitting, pursu- tor of the Regulatory Management Division, AE62) received in the Office of the President ant to law, the report of a rule entitled Environmental Protection Agency, transmit- of the Senate on September 9, 2013; to the ‘‘Safety Zone; D–Day Conneaut, Lake Erie, ting, pursuant to law, the report of a rule en- Committee on Commerce, Science, and Conneaut, OH’’ ((RIN1625–AA00) (Docket No. titled ‘‘2,5-Furandione, Polymer with Transportation. USCG–2013–0648)) received in the Office of the Ethenylbenzene, Hydrolyzed, 3- EC–3048. A communication from the Regu- President of the Senate on September 9, 2013; (Dimethylamino)propyl Imide, Imide with latory Ombudsman, Federal Motor Carrier to the Committee on Commerce, Science, Polyethylene-Polypropylene Glycol 2- ′ Safety Administration, Department of and Transportation. Aminopropyl Me Ether, 2,2 -(1, 2- Transportation, transmitting, pursuant to EC–3056. A communication from the Attor- Diazenediyl)bis[2-Methylbutanenitrile]-Initi- law, the report of a rule entitled ‘‘Unified ney-Advisor, U.S. Coast Guard, Department ated; Tolerance Exemption’’ (FRL No. 9398–4) Registration System’’ (RIN2126–AA22) re- of Homeland Security, transmitting, pursu- received in the Office of the President of the ceived in the Office of the President of the ant to law, the report of a rule entitled Senate on September 17, 2013; to the Com- Senate on September 9, 2013; to the Com- ‘‘Safety Zone; Thunder on the Niagara, Niag- mittee on Agriculture, Nutrition, and For- mittee on Commerce, Science, and Transpor- ara River, North Tonawanda, NY’’ ((RIN1625– estry. EC–3065. A communication from the Direc- tation. AA00) (Docket No. USCG–2013–0701)) received tor of the Regulatory Management Division, EC–3049. A communication from the Direc- in the Office of the President of the Senate Environmental Protection Agency, transmit- tor, Office of Sustainable Fisheries, Depart- on September 9, 2013; to the Committee on ment of Commerce, transmitting, pursuant ting, pursuant to law, the report of a rule en- Commerce, Science, and Transportation. titled ‘‘Quinoxyfen; Pesticide Tolerances’’ to law, the report of a rule entitled ‘‘Fish- EC–3057. A communication from the Attor- (FRL No. 9398–9) received in the Office of the eries of the Caribbean, Gulf of Mexico, and ney-Advisor, U.S. Coast Guard, Department President of the Senate on September 17, South Atlantic; Reef Fish Fishery of the of Homeland Security, transmitting, pursu- 2013; to the Committee on Agriculture, Nu- Gulf of Mexico; Coastal Migratory Pelagic ant to law, the report of a rule entitled trition, and Forestry. Resources of the Gulf of Mexico and South ‘‘Safety Zone; Motion Picture Production; EC–3066. A communication from the Under Atlantic; Abbreviated Framework’’ Chicago, IL’’ ((RIN1625–AA00) (Docket No. Secretary of Defense (Comptroller), trans- (RIN0648–BD10) received during adjournment USCG–2013–0676)) received in the Office of the mitting, pursuant to law, a report relative to of the Senate in the Office of the President President of the Senate on September 9, 2013; a violation of the Antideficiency Act that oc- of the Senate on September 5, 2013; to the to the Committee on Commerce, Science, curred in the Military Personnel, Army ap- Committee on Commerce, Science, and and Transportation. propriation, account 2152010, and occurred Transportation. EC–3058. A communication from the Attor- within the Office of the Assistant Secretary EC–3050. A communication from the Acting ney-Advisor, U.S. Coast Guard, Department of the Army (Financial Management and Deputy Director, Office of Sustainable Fish- of Homeland Security, transmitting, pursu- Comptroller) during fiscal year 2005 and was eries, Department of Commerce, transmit- ant to law, the report of a rule entitled assigned Army case number 11–07; to the ting, pursuant to law, the report of a rule en- ‘‘Safety Zone; Lake Erie Heritage Founda- Committee on Appropriations. titled ‘‘Fisheries of the Northeastern United tion, Battle of Lake Erie Reenactment; Lake EC–3067. A communication from the Direc- States; Northeast Multispecies Fishery; Tri- Erie, Put-in-Bay, OH’’ ((RIN1625–AA00) tor of the Regulatory Management Division, mester Closure for the Common Pool Fish- (Docket No. USCG–2013–0546)) received in the Environmental Protection Agency, transmit- ery’’ (RIN0648–XC782) received during ad- Office of the President of the Senate on Sep- ting, pursuant to law, the report of a rule en- journment of the Senate in the Office of the tember 9, 2013; to the Committee on Com- titled ‘‘Approval and Promulgation of Air President of the Senate on September 5, 2013; merce, Science, and Transportation. Quality Implementation Plans; Massachu- to the Committee on Commerce, Science, EC–3059. A communication from the Attor- setts; Reasonably Available Control Tech- and Transportation. ney-Advisor, U.S. Coast Guard, Department nology for the 1997 8-Hour Ozone Standard’’

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.010 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6646 CONGRESSIONAL RECORD — SENATE September 19, 2013 (FRL No. 9797–3) received in the Office of the ting, pursuant to law, the report of a rule en- United States in order to disseminate infor- President of the Senate on September 10, titled ‘‘Approval and Promulgation of Imple- mation when a law enforcement officer is se- 2013; to the Committee on Environment and mentation Plans; State of Missouri; Con- riously injured or killed in the line of duty. Public Works. formity of General Federal Actions to State f EC–3068. A communication from the Direc- Implementation Plan’’ (FRL No. 9901–01–Re- tor of the Regulatory Management Division, gion 7) received in the Office of the President EXECUTIVE REPORTS OF Environmental Protection Agency, transmit- of the Senate on September 17, 2013; to the COMMITTEES ting, pursuant to law, the report of a rule en- Committee on Environment and Public The following executive reports of titled ‘‘Approval and Promulgation of Air Works. Quality Implementation Plans; State of Col- EC–3076. A communication from the Direc- nominations were submitted: orado; Second 10-Year Carbon Monoxide tor of the Regulatory Management Division, By Mr. ROCKEFELLER for the Committee Maintenance Plan for Fort Collins’’ (FRL Environmental Protection Agency, transmit- on Commerce, Science, and Transportation. No. 9900–86–Region 8) received in the Office of ting, pursuant to law, the report of a rule en- *Gregory Dainard Winfree, of New York, to the President of the Senate on September 10, titled ‘‘Approval and Promulgation of Air be Administrator of the Research and Inno- 2013; to the Committee on Environment and Quality Implementation Plans; Ohio; Redes- vative Technology Administration, Depart- Public Works. ignation of the Steubenville-Weirton Area to ment of Transportation. EC–3069. A communication from the Direc- Attainment of the 1997 Annual Standard and Christopher A. Hart, of Colorado, to be a tor of the Regulatory Management Division, the 2006 24-Hour Standard for Fine Particu- Member of the National Transportation Environmental Protection Agency, transmit- late Matter’’ (FRL No. 9900–79–Region 5) re- Safety Board for a term expiring December ting, pursuant to law, the report of a rule en- ceived in the Office of the President of the 31, 2017. titled ‘‘Approval and Promulgation of Air Senate on September 17, 2013; to the Com- *Deborah A. P. Hersman, of Virginia, to be Quality Implementation Plans; West Vir- mittee on Environment and Public Works. Chairman of the National Transportation ginia; West Virginia’s Redesignation for the EC–3077. A communication from the Direc- Safety Board for a term of two years. Parkersburg-Marietta, WV–OH 1997 Annual tor of the Regulatory Management Division, *Deborah A. P. Hersman, of Virginia, to be Fine Particulate Matter Nonattainment Environmental Protection Agency, transmit- a Member of the National Transportation Area to Attainment and Approval of the As- ting, pursuant to law, the report of a rule en- Safety Board for a term expiring December sociated Maintenance Plan’’ (FRL No. 9900– titled ‘‘Approval and Promulgation of Air 31, 2018. 71–Region 3) received in the Office of the Quality Implementation Plans; Wisconsin; By Mr. LEAHY for the Committee on the President of the Senate on September 10, Amendments to Vehicle Inspection and Judiciary. 2013; to the Committee on Environment and Maintenance Program for Wisconsin’’ (FRL Cornelia T. L. Pillard, of the District of Public Works. No. 9827–9) received in the Office of the Presi- Columbia, to be United States Circuit Judge EC–3070. A communication from the Direc- dent of the Senate on September 17, 2013; to for the District of Columbia Circuit. tor of the Regulatory Management Division, the Committee on Environment and Public Landya B. McCafferty, of New Hampshire, Environmental Protection Agency, transmit- Works. to be United States District Judge for the ting, pursuant to law, the report of a rule en- EC–3078. A communication from the Direc- District of New Hampshire. titled ‘‘Approval and Promulgation of Imple- tor of the Regulatory Management Division, Brian Morris, of Montana, to be United mentation Plans; Texas; Procedures for Environmental Protection Agency, transmit- States District Judge for the District of Stringency Determinations and Minor Per- ting, pursuant to law, the report of a rule en- Montana. mit Revisions for Federal Operating Per- titled ‘‘Approval and Promulgation of Air Susan P. Watters, of Montana, to be United mits’’ (FRL No. 9900–82–Region 6) received in Quality Implementation Plans; Ohio; Redes- States District Judge for the District of the Office of the President of the Senate on ignation of the Cleveland-Akron-Lorain Area Montana. September 10, 2013; to the Committee on En- to Attainment of the 1997 Annual Standard Jeffrey Alker Meyer, of Connecticut, to be vironment and Public Works. and 2006 24-Hour Standard for Fine Particu- United States District Judge for the District EC–3071. A communication from the Direc- late Matter’’ (FRL No. 9900–92–Region 5) re- of Connecticut. tor of the Regulatory Management Division, ceived in the Office of the President of the Environmental Protection Agency, transmit- *Nomination was reported with rec- Senate on September 17, 2013; to the Com- ommendation that it be confirmed sub- ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. titled ‘‘Determination of Attainment for the ject to the nominee’s commitment to Chico Nonattainment Area for the 2006 Fine f respond to requests to appear and tes- Particle Standard; California; Determination REPORTS OF COMMITTEES tify before any duly constituted com- Regarding Applicability of Clean Air Act Re- mittee of the Senate. quirements’’ (FRL No. 9900–69–Region 9) re- The following reports of committees were submitted: (Nominations without an asterisk ceived in the Office of the President of the were reported with the recommenda- Senate on September 10, 2013; to the Com- By Mr. NELSON, from the Special Com- mittee on Environment and Public Works. mittee on Aging, without amendment: tion that they be confirmed.) EC–3072. A communication from the Direc- S. Res. 241. An original resolution author- f tor of the Regulatory Management Division, izing expenditures by the Special Committee INTRODUCTION OF BILLS AND Environmental Protection Agency, transmit- on Aging. ting, pursuant to law, the report of a rule en- By Mr. SANDERS, from the Committee on JOINT RESOLUTIONS titled ‘‘Significant New Use Rule on Certain Veterans’ Affairs, without amendment: The following bills and joint resolu- Chemical Substances’’ (FRL No. 9398–7) re- S. Res. 243. An original resolution author- tions were introduced, read the first ceived in the Office of the President of the izing expenditures by the Committee on Vet- and second times by unanimous con- Senate on September 10, 2013; to the Com- erans’ Affairs. sent, and referred as indicated: mittee on Environment and Public Works. By Mr. ROCKEFELLER, from the Com- EC–3073. A communication from the Direc- mittee on Commerce, Science, and Transpor- By Mr. TOOMEY (for himself and Mr. tor of the Regulatory Management Division, tation, without amendment: MANCHIN): Environmental Protection Agency, transmit- S. Res. 244. An original resolution author- S. 1526. A bill to amend the Sarbanes-Oxley ting, pursuant to law, the report of a rule en- izing expenditures by the Committee on Act of 2002 to prohibit the Public Company titled ‘‘Approval and Promulgation of Air Commerce, Science, and Transportation. Accounting Oversight Board from requiring Quality Implementation Plans; Massachu- By Mrs. FEINSTEIN, from the Select Com- public companies to use specific auditors or setts; Regional Haze’’ (FRL No. 9732–4) re- mittee on Intelligence, without amendment: require the use of different auditors on a ro- ceived in the Office of the President of the S. Res. 245. An original resolution author- tating basis; to the Committee on Banking, Senate on September 17, 2013; to the Com- izing expenditures by the Select Committee Housing, and Urban Affairs. mittee on Environment and Public Works. on Intelligence. By Ms. KLOBUCHAR (for herself, Mr. EC–3074. A communication from the Direc- By Mr. BAUCUS, from the Committee on BLUNT, and Ms. LANDRIEU): tor of the Regulatory Management Division, Finance, without amendment: S. 1527. A bill to enhance pre- and post- Environmental Protection Agency, transmit- S. Res. 249. An original resolution author- adoptive support services; to the Committee ting, pursuant to law, the report of a rule en- izing expenditures by the Committee on Fi- on Finance. titled ‘‘Approval and Promulgation of Imple- nance. By Ms. COLLINS (for herself and Mr. mentation Plans; Washington: Puget Sound By Mrs. MURRAY, from the Committee on CARPER): Clean Air Agency Regulatory Updates’’ (FRL the Budget, without amendment: S. 1528. A bill to establish a national mer- No. 9901–03–Region 10) received in the Office S. Res. 250. An original resolution author- cury monitoring program, and for other pur- of the President of the Senate on September izing expenditures by the Committee on the poses; to the Committee on Environment and 17, 2013; to the Committee on Environment Budget. Public Works. and Public Works. By Mr. LEAHY, from the Committee on By Ms. BALDWIN (for herself and Ms. EC–3075. A communication from the Direc- the Judiciary, without amendment: COLLINS): tor of the Regulatory Management Division, S. 357. A bill to encourage, enhance, and in- S. 1529. A bill to provide benefits to domes- Environmental Protection Agency, transmit- tegrate Blue Alert plans throughout the tic partners of Federal employees; to the

VerDate Mar 15 2010 01:43 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.012 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6647

Committee on Homeland Security and Gov- By Mrs. FEINSTEIN: S. 641 ernmental Affairs. S. Res. 245. An original resolution author- At the request of Mr. WYDEN, the By Ms. LANDRIEU (for herself, Mr. izing expenditures by the Select Committee names of the Senator from Connecticut BLUNT, Mr. BURR, Mr. INHOFE, Mr. on Intelligence; from the Select Committee (Mr. MURPHY) and the Senator from KIRK, Ms. KLOBUCHAR, Mrs. SHAHEEN, on Intelligence; to the Committee on Rules Hawaii (Mr. SCHATZ) were added as co- Ms. WARREN, Mr. WICKER, and Mrs. and Administration. sponsors of S. 641, a bill to amend the GILLIBRAND): By Mr. MENENDEZ (for himself, Mr. S. 1530. A bill to realign structures and re- REID, Mr. CORNYN, Mr. BEGICH, Mr. Public Health Service Act to increase allocate resources in the Federal Govern- BENNET, Mrs. BOXER, Mr. COONS, Mr. the number of permanent faculty in ment, in keeping with the core American be- DURBIN, Mrs. FEINSTEIN, Mrs. HAGAN, palliative care at accredited allopathic lief that families are the best protection for Mr. HEINRICH, Mr. KAINE, Ms. MIKUL- and osteopathic medical schools, nurs- children and the bedrock of any society, to SKI, Mr. NELSON, Mr. REED, Mr. ing schools, and other programs, to bolster United States diplomacy and assist- RUBIO, Mr. SCHUMER, Ms. STABENOW, promote education in palliative care ance targeted at ensuring that every child Mr. UDALL of Colorado, Mr. UDALL of and hospice, and to support the devel- can grow up in a permanent, safe, nurturing, New Mexico, Mr. WARNER, Mr. opment of faculty careers in academic and loving family, and to strengthen inter- BROWN, Mr. MERKLEY, Mr. HELLER, country adoption to the United States and Mr. CASEY, Ms. WARREN, Mr. ENZI, palliative medicine. around the world and ensure that it becomes Mrs. MURRAY, and Mr. CARDIN): S. 727 a viable and fully developed option for pro- S. Res. 246. A resolution recognizing His- At the request of Mr. MORAN, the viding families for children in need, and for panic Heritage Month and celebrating the name of the Senator from Arkansas other purposes; to the Committee on Foreign heritage and culture of Latinos in the United (Mr. PRYOR) was added as a cosponsor Relations. States and the immense contributions of of S. 727, a bill to improve the examina- By Mr. SCHUMER (for himself and Mr. Latinos to the United States; considered and tion of depository institutions, and for LEAHY): agreed to. other purposes. S. 1531. A bill to amend the Internal Rev- By Ms. STABENOW (for herself and S. 798 enue Code of 1986 to modify the types of Mr. THUNE): wines taxed as hard cider; to the Committee S. Res. 247. A resolution designating the At the request of Mr. BROWN, the on Finance. week of September 16 through September 20, name of the Senator from Iowa (Mr. By Mrs. MURRAY: 2013, as ‘‘National Health Information Tech- HARKIN) was added as a cosponsor of S. S. 1532. A bill to provide grants to promote nology Week’’ to recognize the value of 798, a bill to address equity capital re- financial literacy; to the Committee on health information technology in trans- quirements for financial institutions, Health, Education, Labor, and Pensions. forming and improving the healthcare sys- bank holding companies, subsidiaries, By Mr. LEVIN (for himself, Mr. WHITE- tem for all people in the United States; con- and affiliates, and for other purposes. HOUSE, Mr. BEGICH, and Mrs. SHA- sidered and agreed to. S. 822 HEEN): By Mr. NELSON (for himself, Ms. COL- S. 1533. A bill to end offshore tax abuses, to LINS, Ms. MIKULSKI, Mr. SANDERS, Mr. At the request of Mr. LEAHY, the preserve our national defense and protect FRANKEN, Mr. COONS, Mr. MARKEY, name of the Senator from New Mexico American families and businesses from dev- Mr. KING, and Mr. CASEY): (Mr. UDALL) was added as a cosponsor astating cuts, and for other purposes; to the S. Res. 248. A resolution designating Sep- of S. 822, a bill to protect crime vic- Committee on Finance. tember 22, 2013, as ‘‘National Falls Preven- tims’ rights, to eliminate the substan- By Mr. HARKIN: tion Awareness Day’’ to raise awareness and tial backlog of DNA samples collected S. 1534. A bill to provide a framework es- encourage the prevention of falls among tablishing the rights, liabilities, and respon- from crime scenes and convicted of- older adults; considered and agreed to. fenders, to improve and expand the sibilities of participants in closing proce- By Mr. BAUCUS: dures for certain types of consumer deposit S. Res. 249. An original resolution author- DNA testing capacity of Federal, accounts, to protect individual consumer izing expenditures by the Committee on Fi- State, and local crime laboratories, to rights, and for other purposes; to the Com- nance; from the Committee on Finance; to increase research and development of mittee on Banking, Housing, and Urban Af- the Committee on Rules and Administration. new DNA testing technologies, to de- fairs. By Mrs. MURRAY: velop new training programs regarding By Mr. SCHUMER (for himself, Mr. S. Res. 250. An original resolution author- the collection and use of DNA evidence, CORNYN, Mr. COONS, Mrs. FEINSTEIN, izing expenditures by the Committee on the Mr. GRAHAM, Mr. HATCH, Ms. KLO- to provide post conviction testing of Budget; from the Committee on the Budget; DNA evidence to exonerate the inno- BUCHAR, Mr. MARKEY, Mr. MENENDEZ, to the Committee on Rules and Administra- and Mr. WHITEHOUSE): tion. cent, to improve the performance of S. 1535. A bill to deter terrorism, provide counsel in State capital cases, and for justice for victims, and for other purposes; to f other purposes. the Committee on the Judiciary. ADDITIONAL COSPONSORS S. 916 f At the request of Mr. KAINE, the S. 153 name of the Senator from North Caro- SUBMISSION OF CONCURRENT AND At the request of Mr. BEGICH, the lina (Mrs. HAGAN) was added as a co- SENATE RESOLUTIONS name of the Senator from Nevada (Mr. sponsor of S. 916, a bill to authorize the The following concurrent resolutions HELLER) was added as a cosponsor of S. acquisition and protection of nation- and Senate resolutions were read, and 153, a bill to amend section 520J of the ally significant battlefields and associ- referred (or acted upon), as indicated: Public Health Service Act to authorize ated sites of the Revolutionary War By Mr. NELSON: grants for mental health first aid and the War of 1812 under the American S. Res. 241. An original resolution author- training programs. Battlefield Protection Program. izing expenditures by the Special Committee S. 177 on Aging; from the Special Committee on S. 957 Aging; to the Committee on Rules and Ad- At the request of Mr. CRUZ, the name At the request of Mr. BENNET, the ministration. of the Senator from Alabama (Mr. name of the Senator from Maryland By Mr. KIRK: SHELBY) was added as a cosponsor of S. (Ms. MIKULSKI) was added as a cospon- S. Res. 242. A resolution supporting the 177, a bill to repeal the Patient Protec- sor of S. 957, a bill to amend the Fed- goals and ideals of ‘‘Growth Awareness tion and Affordable Care Act and the eral Food, Drug, and Cosmetic Act Week’’; to the Committee on the Judiciary. Health Care and Education Reconcili- with respect to the pharmaceutical dis- By Mr. SANDERS: ation Act of 2010 entirely. S. Res. 243. An original resolution author- tribution supply chain. izing expenditures by the Committee on Vet- S. 357 S. 1030 erans’ Affairs; from the Committee on Vet- At the request of Mr. CARDIN, the At the request of Mr. WYDEN, the erans’ Affairs; to the Committee on Rules name of the Senator from New York names of the Senator from Minnesota and Administration. (Mr. SCHUMER) was added as a cospon- (Mr. FRANKEN) and the Senator from By Mr. ROCKEFELLER: sor of S. 357, a bill to encourage, en- Hawaii (Mr. SCHATZ) were added as co- S. Res. 244. An original resolution author- hance, and integrate Blue Alert plans sponsors of S. 1030, a bill to amend the izing expenditures by the Committee on Commerce, Science, and Transportation; throughout the United States in order Internal Revenue Code of 1986 to pro- from the Committee on Commerce, Science, to disseminate information when a law vide for an energy investment credit and Transportation; to the Committee on enforcement officer is seriously injured for energy storage property connected Rules and Administration. or killed in the line of duty. to the grid, and for other purposes.

VerDate Mar 15 2010 01:43 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.015 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6648 CONGRESSIONAL RECORD — SENATE September 19, 2013 S. 1078 S. 1490 sponsor of amendment No. 1871 in- At the request of Ms. KLOBUCHAR, the At the request of Mr. FLAKE, the tended to be proposed to S. 1392, a bill name of the Senator from North Caro- name of the Senator from Kansas (Mr. to promote energy savings in residen- lina (Mrs. HAGAN) was added as a co- ROBERTS) was added as a cosponsor of tial buildings and industry, and for sponsor of S. 1078, a bill to direct the S. 1490, a bill to delay the application other purposes. Secretary of Defense to provide certain of the Patient Protection and Afford- AMENDMENT NO. 1894 TRICARE beneficiaries with the oppor- able Care Act. At the request of Mr. MENENDEZ, the tunity to retain access to TRICARE S. 1500 name of the Senator from Wisconsin Prime. At the request of Mr. CORNYN, the (Ms. BALDWIN) was added as a cospon- S. 1089 name of the Senator from North Caro- sor of amendment No. 1894 intended to At the request of Ms. COLLINS, the lina (Mr. BURR) was added as a cospon- be proposed to S. 1392, a bill to promote name of the Senator from Illinois (Mr. sor of S. 1500, a bill to declare the No- energy savings in residential buildings KIRK) was added as a cosponsor of S. vember 5, 2009, attack at Fort Hood, and industry, and for other purposes. 1089, a bill to provide for a prescription Texas, a terrorist attack, and to ensure AMENDMENT NO. 1941 drug take-back program for members that the victims of the attack and At the request of Mr. FRANKEN, the of the Armed Forces and veterans, and their families receive the same honors name of the Senator from Wisconsin for other purposes. and benefits as those Americans who (Ms. BALDWIN) was added as a cospon- S. 1114 have been killed or wounded in a com- sor of amendment No. 1941 intended to At the request of Mr. BROWN, the bat zone overseas and their families. be proposed to S. 1392, a bill to promote name of the Senator from Rhode Island S. 1503 energy savings in residential buildings (Mr. REED) was added as a cosponsor of At the request of Mr. DURBIN, the and industry, and for other purposes. S. 1114, a bill to provide for identifica- names of the Senator from Georgia AMENDMENT NO. 1957 tion of misaligned currency, require (Mr. ISAKSON) and the Senator from At the request of Mr. UDALL of New action to correct the misalignment, California (Mrs. BOXER) were added as Mexico, the name of the Senator from and for other purposes. cosponsors of S. 1503, a bill to amend New Jersey (Mr. MENENDEZ) was added S. 1249 the Public Health Service Act to in- as a cosponsor of amendment No. 1957 At the request of Mr. BLUMENTHAL, crease the preference given, in award- intended to be proposed to S. 1392, a the names of the Senator from Ne- ing certain asthma-related grants, to bill to promote energy savings in resi- braska (Mr. JOHANNS), the Senator certain States (those allowing trained dential buildings and industry, and for from Minnesota (Ms. KLOBUCHAR) and school personnel to administer epi- other purposes. nephrine and meeting other related re- the Senator from Kansas (Mr. MORAN) f were added as cosponsors of S. 1249, a quirements). STATEMENTS ON INTRODUCED bill to rename the Office to Monitor S. 1525 BILLS AND JOINT RESOLUTIONS and Combat Trafficking of the Depart- At the request of Mr. HATCH, the ment of State the Bureau to Monitor names of the Senator from Wyoming By Ms. COLLINS (for herself and and Combat Trafficking in Persons and (Mr. ENZI), the Senator from Illinois Mr. CARPER): to provide for an Assistant Secretary (Mr. KIRK) and the Senator from South S. 1528. A bill to establish a national to head such Bureau, and for other pur- Carolina (Mr. SCOTT) were added as co- mercury monitoring program, and for poses. sponsors of S. 1525, a bill to ensure that other purposes; to the Committee on S. 1292 the personal and private information of Environment and Public Works. At the request of Mr. CRUZ, the name Americans enrolling in Exchanges es- Ms. COLLINS. Mr. President, today of the Senator from Alabama (Mr. tablished under the Patient Protection along with Senator CARPER, I am intro- SHELBY) was added as a cosponsor of S. and Affordable Care Act is secured with ducing the Comprehensive National 1292, a bill to prohibit the funding of proper privacy and data security safe- Mercury Monitoring Act. This bill the Patient Protection and Affordable guards. would ensure that we have accurate in- Care Act. S. RES. 225 formation about the extent of mercury pollution in our Nation. S. 1300 At the request of Mr. CRUZ, the name of the Senator from Kansas (Mr. A comprehensive national mercury At the request of Mr. FLAKE, the monitoring network is needed to pro- name of the Senator from Wyoming MORAN) was added as a cosponsor of S. Res. 225, a resolution to express the tect human health, safeguard fisheries, (Mr. ENZI) was added as a cosponsor of and track the effect of emissions reduc- S. 1300, a bill to amend the Healthy sense of the Senate that Congress should establish a joint select com- tions in the U.S. This tracking is par- Forests Restoration Act of 2003 to pro- ticularly important in light of increas- vide for the conduct of stewardship end mittee to investigate and report on the attack on the United States diplomatic ing mercury emissions from other result contracting projects. countries. By accurately quantifying S. 1302 facility and American personnel in Benghazi, Libya, on September 11, 2012. regional and national changes in at- At the request of Mr. HARKIN, the mospheric deposition, ecosystem con- AMENDMENT NO. 1853 names of the Senator from Arkansas tamination, and bioaccumulation of (Mr. BOOZMAN), the Senator from Indi- At the request of Mr. BARRASSO, the mercury in fish and wildlife in response ana (Mr. DONNELLY) and the Senator name of the Senator from Utah (Mr. to changes in mercury emissions, a from Georgia (Mr. ISAKSON) were added HATCH) was added as a cosponsor of monitoring network would help policy as cosponsors of S. 1302, a bill to amend amendment No. 1853 intended to be pro- makers, scientists, and the public to the Employee Retirement Income Se- posed to S. 1392, a bill to promote en- better understand the sources, con- curity Act of 1974 and the Internal Rev- ergy savings in residential buildings sequences, and trends in United States enue Code of 1986 to provide for cooper- and industry, and for other purposes. mercury pollution. ative and small employer charity pen- AMENDMENT NO. 1858 Mercury is a potent neurotoxin of sion plans. At the request of Mr. MERKLEY, the significant ecological and public health S. 1349 name of the Senator from Wisconsin concern, especially for children and At the request of Mr. MORAN, the (Ms. BALDWIN) was added as a cospon- pregnant women. It is estimated that name of the Senator from Wyoming sor of amendment No. 1858 proposed to approximately 410,000 children born in (Mr. ENZI) was added as a cosponsor of S. 1392, a bill to promote energy sav- the U.S. were exposed to levels of mer- S. 1349, a bill to enhance the ability of ings in residential buildings and indus- cury in the womb that are high enough community financial institutions to try, and for other purposes. to impair neurological development. foster economic growth and serve their AMENDMENT NO. 1871 Mercury exposure has gone down as communities, boost small businesses, At the request of Mr. MCCONNELL, U.S. mercury emissions have declined; increase individual savings, and for the name of the Senator from South however, levels remain unacceptably other purposes. Carolina (Mr. SCOTT) was added as a co- high.

VerDate Mar 15 2010 01:43 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.017 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6649 Each new scientific study seems to offshore tax abuses. Offshore tax and strengthening offshore tax enforce- find higher levels of mercury in more abuses are not only undermining public ment. ecosystems and in more species, and confidence in our tax system, but wid- The 113th Congress is the sixth Con- the issue of mercury emissions is grow- ening the deficit and increasing the tax gress in which I have introduced a coming in importance around the world. At burden for the rest of American fami- prehensive bill to combat offshore and present, scientists must rely on limited lies and businesses. tax shelter abuses. A number of provi- information to understand the critical This bill eliminates incentives to sions from past bills have made it into linkages between mercury emissions send U.S. profits and jobs offshore, law, such as measures to curb abusive and environmental response and combats offshore tax abuses, and raises foreign trusts, close offshore dividend human health. Successful design, im- revenues needed to fund our national tax loopholes, and strengthen penalties plementation, and assessment of solu- security and essential domestic pro- on tax shelter promoters. tions to the mercury pollution problem grams. Its provisions could be part of In recent years, Congress has made a require comprehensive long-term infor- an alternative deficit reduction pack- little progress in the offshore tax bat- mation. A system for collecting such age to substitute for sequestration this tle. In 2010, we enacted into law the information, such as we have for acid year, but should be adopted in any economic substance doctrine, which up rain and other pollution, does not cur- event because the loopholes we would to then had been a judicially created rently exist for mercury—a much more close serve no economic purpose and policy. The law now authorizes courts to strike down phony business deals toxic pollutant. We must have more shouldn’t exist even if there were no with no economic purpose other than comprehensive information and we deficit. to avoid the payment of tax. Getting must have it soon; otherwise, we risk We should close these loopholes on the economic substance doctrine en- making misguided policy decisions. principle. They are blatantly unfair, acted was a victory many years in the Specifically, the Comprehensive Na- and we should end them, regardless of our deficit, regardless of whether se- making. tional Mercury Monitoring Act would Also in 2010, Congress enacted the direct EPA, in conjunction with the questration is in effect. But surely, at a time when sequestration is harming Baucus-Rangel Foreign Account Tax Fish and Wildlife Service, U.S. Geologi- Compliance Act or FATCA, which is cal Survey, National Park Service, the families, national security, life-saving research, students and seniors, we designed to flush out hidden offshore National Oceanic and Atmospheric As- bank accounts. Foreign banks have en- sociation, and other appropriate Fed- should close these loopholes and dedi- cate the revenue to ending sequestra- gaged in a massive lobbying effort to eral agencies, to establish a national weaken its disclosure requirements, mercury monitoring program to meas- tion. The bill is supported by a wide array but most U.S. banks have had it with ure and monitor mercury levels in the of small business, labor and public in- foreign banks using secrecy to attract air and watersheds, water and soil terest groups, including the Financial U.S. clients and want those foreign chemistry, and in marine, freshwater, Accountability and Corporate Trans- banks to have to meet the same disclo- and terrestrial organisms at multiple parency, FACT, Coalition, Americans sure requirements U.S. banks do. sites across the Nation. for Tax Fairness, Tax Justice Network- Starting next year, foreign financial The act would establish a scientific USA, Citizens for Tax Justice, AFL– institutions will have to agree to com- advisory committee to advise on the CIO, SEIU, American Sustainable Busi- ply with FATCA’s disclosure require- establishment, site selection, measure- ness Council, Business for Shared Pros- ments, which include disclosing to the ment, recording protocols, and oper- perity, South Carolina Small Business IRS all accounts held by U.S. persons, ations of the monitoring program. or else begin incurring a 30 percent The act would establish a centralized Chamber of Commerce, Friends of the Earth, New Rules for Global Finance, withholding tax on all investment in- database for existing and newly col- come received from the United States. lected environmental mercury data U.S. Public Interest Research Group, Global Financial Integrity, Jubilee President Obama, who when in the that can be freely accessed on the Senate cosponsored the 2005 and 2007 Internet and that is compatible with USA Network, and Public Citizen. Frank Knapp, president and CEO of versions of this bill we’re introducing similar international efforts. the South Carolina Small Business today, is a longtime opponent of off- The act would require a report to Chamber of Commerce, has explained shore tax evasion. And just weeks ago, Congress every 2 years on the program, small business support for the bill this the G–20 leaders declared international including trend data, and an assess- way: tax avoidance by multinational cor- ment of the reduction in mercury depo- porations to be a global concern, and sition rates that need to be achieved in Small businesses are the lifeblood of local economies. We pay our fair share of taxes pledged to work cooperatively to end order to prevent adverse human and ec- and generate most of the new jobs. Why abuses. ological effects every 4 years; and should we be subsidizing U.S. multinationals The bottom line is that each of us The act would authorize $95 million that use offshore tax havens to avoid paying has a legal and civil obligation to pay over 3 years to carry out the act. taxes? Big corporations benefit immensely taxes, and most Americans fulfill that We must establish a comprehensive, from all the advantages of being obligation. It is time to force the tax robust national mercury monitoring headquartered in our country. It’s time to scofflaws, the tax dodgers, and the tax network to provide the data needed to end tax haven abuse and level the playing avoiders to do the same, and for us to help make decisions that can protect field. take the steps needed to end their use the people and environment of Maine The Stop Tax Haven Abuse Act is a of offshore tax havens. It is also time and the entire Nation. product of the investigative work of to recapture those unpaid taxes to pay the Permanent Subcommittee on In- for critical government services, in- By Mr. LEVIN (for himself, Mr. vestigations which I chair. For more cluding strengthening our education, WHITEHOUSE, Mr. BEGICH, and than 12 years, the Subcommittee has health care, and defense to help replace Mrs. SHAHEEN): conducted inquiries into offshore tax the absurd sequestration approach with S. 1533. A bill to end offshore tax avoidance abuses, including the use of an alternative balanced deficit reduc- abuses, to preserve our national de- offshore corporations and trusts to tion package that includes revenues as fense and protect American families hide assets and shift income abroad, one component. and businesses from devastating cuts , the use of tax haven banks to set up se- The bill we are introducing today is a and for other purposes; to the Com- cret accounts, and the use of U.S. stronger, more streamlined version of mittee on Finance. bankers, lawyers, accountants and the Stop Tax Haven Abuse Act intro- Mr. LEVIN. Mr. President, I am in- other professionals to devise methods duced in the last Congress. This en- troducing today, along with my col- of taking advantage of tax loopholes hanced version includes key provisions leagues Senators WHITEHOUSE, BEGICH that Congress never intended. Over the from the last bill that have not yet and SHAHEEN, the Stop Tax Haven years, my Subcommittee has learned a been enacted into law, several provi- Abuse Act, legislation that is geared to lot about these offshore tricks, and we sions implementing the President’s stop the estimated $150 billion yearly have designed this bill to fight back by budget recommendations, and new pro- drain on the U.S. treasury caused by closing many of these tax loopholes visions to stop the offshore tax haven

VerDate Mar 15 2010 01:43 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G19SE6.015 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6650 CONGRESSIONAL RECORD — SENATE September 19, 2013 abuses featured in hearings held and bi- SECTION 101—SPECIAL MEASURES WHERE U.S. pose a range of requirements on U.S. fi- partisan reports filed during the last TAX ENFORCEMENT IS IMPEDED nancial institutions in their dealings Congress by my Subcommittee. The first section of the bill, Section with the designated entity—all the way The provisions retained from the 101, which is carried over from the last from requiring U.S. financial institu- prior version of the bill include, with Congress and which passed the Senate tions, for example, to provide greater some clarifying or strengthening lan- in 2012 as part of another bill but did information than normal about trans- guage, special measures to deal with not make it through conference, would actions involving the designated entity foreign jurisdictions and financial in- allow the Treasury Secretary to apply to prohibiting U.S. financial institu- stitutions that significantly impede an array of sanctions against any for- tions from opening accounts for that U.S. tax enforcement. They include eign jurisdiction or foreign financial foreign entity. tougher disclosure, evidentiary and en- institution that the Secretary deter- This Patriot Act authority has been forcement provisions for accounts at mined was significantly impeding U.S. used sparingly, but to telling effect. In foreign financial institutions that do tax enforcement. some instances Treasury has employed not comply with FATCA; and the We have all seen the press reports special measures against an entire treatment of offshore corporations as about tax haven banks that have delib- country, such as Burma, to stop its fi- domestic corporations for tax purposes erately helped U.S. clients evade U.S. nancial institutions from laundering when managed and controlled pri- taxes. In 2008, UBS, Switzerland’s larg- funds through the U.S. financial sys- marily from the United States. They est bank, admitted doing just that, tem. More often, Treasury has used the also include stronger disclosure repaid a $780 million fine, and promised authority narrowly against a single quirements for offshore accounts and to stop opening accounts for U.S. per- problem financial institution, such as a offshore entities opening U.S. financial sons without reporting them to the bank in Syria, to stop laundered funds accounts, and closure of a tax loophole IRS. Earlier this year, Switzerland’s from entering the United States. The benefiting financial swaps that send oldest bank, Wegelin & Co., pleaded provision has clearly succeeded in giv- money offshore. In addition, they man- guilty to conspiring with U.S. taxing Treasury a powerful tool to protect date new disclosure requirements to payers to hide more than $1.2 billion in the U.S. financial system from money stop multinational corporate tax eva- secret Swiss bank accounts and closed laundering abuses. sion by requiring publicly traded cor- its doors. These are just a few examples The bill would authorize Treasury to porations to disclose basic information of how some foreign banks knowingly use that same tool against foreign ju- about their employees, revenues and impede U.S. tax enforcement efforts, risdictions or financial institutions tax payments on a country-by-country and why the United States needs to be found by Treasury to be ‘‘significantly basis. better armed with the tools needed to impeding U.S. tax enforcement.’’ deal with them. Treasury could, for example, require The new provisions in this bill would This bill section also has added sig- U.S. financial institutions that have eliminate tax provisions encouraging nificance now that Congress has en- correspondent accounts for a des- the offshoring of jobs and profits by de- acted the Foreign Account Tax Compli- ignated foreign bank to produce infor- ferring corporate tax deductions for ex- ance Act or FATCA requiring foreign mation on all transactions by that for- penses associated with moving and op- financial institutions with U.S. invest- eign bank executed through a U.S. cor- erating offshore unless and until the ments to disclose all accounts opened respondent bank. Alternatively, Treas- corporation repatriates the offshore by U.S. persons or pay a hefty with- ury could prohibit U.S. financial insti- profits produced by those operations holding tax on all of the U.S. invest- tutions from opening accounts for a and pays taxes on them. Another set of ment income they receive. FATCA has designated foreign bank, thereby cut- new provisions would end transfer pric- begun to go into effect, but some for- ting off that foreign bank’s access to ing abuses by immediately taxing any eign financial institutions are saying the U.S. financial system. Those types excess income received by foreign af- that they will refuse to adopt FATCA’s of sanctions could be as effective in filiates to which U.S. intellectual prop- approach and will instead stop holding ending tax haven abuses as they have erty rights have been transferred, and any U.S. investments. While that is been in curbing money laundering. limiting income shifting through U.S. their right, the question being raised In addition to extending Treasury’s property transfers offshore. Other new by some foreign banks planning to ability to impose special measures provisions would require foreign tax comply with FATCA is what happens against foreign jurisdictions or finan- credits to be calculated on a pooled to the non-FATCA institutions that cial institutions impeding U.S. tax en- basis to stop the manipulation of those take on U.S. clients and don’t report forcement, the bill would add a new tax credits to dodge U.S. taxes. Still the accounts to the United States. measure to the list of possible sanc- another new bill provision would end Right now, the U.S. government has tions that could be applied: it would tax gimmicks involving the use of the limited ways to take effective action allow Treasury to instruct U.S. finan- so-called ‘‘check-the-box’’ and ‘‘CFC against foreign financial institutions cial institutions not to authorize or ac- look-through’’ rules for offshore enti- that open secret accounts for U.S. tax cept credit or debit card transactions ties. Finally, a new bill provision evaders. Section 101 of our bill would involving a designated foreign jurisdic- would close the short-term loan loop- change that by providing a powerful tion or financial institution. Denying hole used by some corporations to new tool to deter and stop non-FATCA- tax haven banks the ability to issue avoid paying taxes on offshore income compliant institutions from facili- credit or debit cards for use in the that is effectively repatriated. tating U.S. tax evasion. United States, for example, offers an Let me now go through each of the Section 101 is designed to build upon effective new way to stop U.S. tax bill sections to explain the tax abuses existing Treasury authority to take ac- avoiders from obtaining access to funds they address and how they would work. tion against foreign financial institu- hidden offshore. TITLE I—DETERRING THE USE OF TAX HAVENS tions that engage in money laundering This provision is estimated by the FOR TAX EVASION by extending that same authority to Joint Committee on Taxation to raise The first title of the bill concentrates the tax area. In 2001, the Patriot Act $880 million over ten years. It was on combating tax havens and their fi- gave Treasury the authority under 31 passed by the Senate last year as an nancial institutions around the world U.S.C. 5318A to require domestic finan- amendment to help pay for the trans- that assist U.S. taxpayers in hiding cial institutions and agencies to take portation bill, but, ultimately, did not their assets, avoiding U.S. tax enforce- special measures with respect to for- make it into law. This non-controver- ment efforts, and dodging U.S. taxes. It eign jurisdictions, financial institu- sial, completely discretionary power focuses on strengthening tools to stop tions or transactions found to be of aimed at foreign facilitators of U.S. tax tax haven jurisdictions and tax haven ‘‘primary money laundering concern.’’ evasion should be enacted into law banks from facilitating U.S. tax eva- Once Treasury designates a foreign ju- without further delay. sion, to expose hidden offshore assets, risdiction or financial institution to be SECTION 102—STRENGTHENING FATCA and to eliminate incentives for U.S. of primary money laundering concern, Section 102 of the bill is a new sec- persons to send funds offshore. Section 5318A allows Treasury to im- tion that seeks to clarify, build upon,

VerDate Mar 15 2010 01:43 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.029 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6651 and strengthen the Foreign Account resentatives, set up offshore trusts, would implement a bipartisan rec- Tax Compliance Act, or FATCA, to corporations, or other entities which ommendation in the Levin-Coleman flush out hidden foreign accounts and had all the trappings of independence 2006 report by establishing several re- assets used by U.S. taxpayers to evade but, in fact, were controlled by the buttable evidentiary presumptions that paying U.S. taxes. The law is currently U.S. taxpayer whose directives were would presume a U.S. taxpayer con- designed to become effective in stages, implemented by compliant offshore trols offshore entities that they create, beginning in 2013, and will eventually personnel acting as the trustees, offi- finance, or from which they benefit, require disclosure of accounts held by cers, directors, or nominee owners of unless the U.S. taxpayer presents clear U.S. persons at foreign banks, broker- the offshore entities. and convincing evidence to the con- dealers, investment advisers, hedge In the case of the Wylys, the brothers trary. funds, private equity funds and other and their representatives commu- The presumptions would apply only financial firms. nicated Wyly directives to a so-called in civil judicial or administrative tax Some foreign financial institutions trust protector who then relayed the or securities enforcement proceedings are likely to choose to forego main- directives to the offshore trustees and examining offshore entities or trans- taining accounts for U.S. persons rath- corporate officers. In the 13 years ex- actions. They would place the burden er than comply with FATCA’s disclo- amined by the Subcommittee, the off- of producing evidence from offshore ju- sure rules. If some foreign financial in- shore trustees and corporate officers risdiction on the taxpayer who chose to stitutions decide not to participate in never once rejected a Wyly request and open an offshore account at a non- the FATCA system, that’s their busi- never once initiated an action without FATCA compliant financial institution ness. But if U.S. taxpayers start using Wyly approval. They simply did what and who has access to the information, those same foreign financial institu- they were told, and directed the so- rather than placing the burden on the tions to hide assets and evade U.S. called independent offshore trusts and federal government that has little taxes to the tune of $100 billion per corporations to do what the Wylys practical ability to get the informa- year, that’s our business. The United wanted. A U.S. taxpayer in another tion. States has a right to enforce our tax case history told the Subcommittee Section 102(g)(1) would establish laws and to expect that financial insti- that the offshore personnel who nomi- three evidentiary presumptions in civil tutions will not assist U.S. tax cheats. nally owned and controlled his offshore tax enforcement efforts. First is a pre- Section 101 of the bill would provide entities, in fact, always followed his di- sumption that a U.S. taxpayer who U.S. authorities with the means to rections, describing himself as the ‘‘formed, transferred assets to, was a take direct action against foreign fi- ‘‘puppet master’’ in charge of his off- beneficiary of, had a beneficial interest nancial institutions that decide to op- shore holdings. in, or received money or property or erate outside of the FATCA system and When the Subcommittee discussed the use thereof’’ from an offshore enti- allow U.S. clients to open hidden ac- these case histories with financial ad- ty, such as a trust or corporation, con- counts. If the U.S. Treasury determines ministrators from the Isle of Man, the trols that entity. Second is a presump- that such a foreign financial institu- regulators explained that none of the tion that funds or other property re- tion is significantly impeding U.S. tax offshore personnel were engaged in any ceived from offshore are taxable in- enforcement, Section 101 would give wrongdoing, because their laws permit come, and that funds or other property U.S. authorities a menu of special foreign clients to transmit detailed, transferred offshore have not yet been measures that could be taken in re- daily instructions to offshore service taxed. Third is a presumption that a fi- sponse, including prohibiting U.S. providers on how to handle offshore as- nancial account controlled by a U.S. banks from doing business with that sets, so long as it is the offshore trust- taxpayer in a foreign country contains institution. ee or corporate officer who gives the enough money—$10,000—to trigger an Section 102, in contrast, does not final order to buy or sell the assets. existing statutory reporting threshold seek to take action against a non- They explained that, under their law, and allow the IRS to assert the min- FATCA institution, but instead seeks an offshore entity is considered legally imum penalty for nondisclosure of the to strengthen U.S. tax enforcement independent from the person directing account by the taxpayer. tools with respect to U.S. persons open- its activities so long as that person fol- Section 102(g)(2) would establish two ing accounts at those institutions. Sec- lows the form of transmitting ‘‘re- evidentiary presumptions applicable to tion 102 would also help clarify when quests’’ to the offshore personnel who civil proceedings to enforce U.S. secu- foreign financial institutions are obli- retain the formal right to make the de- rities laws. The first would specify that gated to disclose certain accounts to cisions, even though the offshore per- if a director, officer, or major share- the United States under FATCA. sonnel always do as they are asked. holder of a U.S. publicly-traded cor- Background. In 2006, the Permanent The Subcommittee case histories il- poration creates, finances, or benefits Subcommittee on Investigations re- lustrate what the tax literature and from an offshore entity, that U.S. cor- leased a report with six case histories law enforcement experience have poration would be presumed to control detailing how U.S. taxpayers were shown for years: that the business that offshore entity. The second pre- using offshore tax havens to avoid pay- model followed in offshore secrecy ju- sumption would provide that securities ment of the taxes they owed. These risdictions is for compliant trustees, nominally owned by an offshore entity case histories examined an internet- corporate administrators, and financial are presumed to be beneficially owned based company that helped persons ob- institutions to provide a veneer of by any U.S. person who controlled that tain offshore entities and accounts; independence while ensuring that their offshore entity. U.S. promoters that designed complex U.S. clients retain complete and unfet- All of these presumptions are rebut- offshore structures to hide client assets tered control over ‘‘their’’ offshore as- table, which means that the U.S. per- and even providing clients with a how- sets. That’s the standard operating son who is the subject of the presump- to manual for going offshore. They also procedure offshore. Offshore service tions could provide clear and con- examined U.S. taxpayers who diverted providers pretend to own or control the vincing evidence to show that the pre- business income offshore through offshore trusts, corporations and ac- sumptions were factually inaccurate. phony loans and invoices; a one-time counts they help establish, but what To rebut the presumptions, a taxpayer tax dodge that deducted phantom off- they really do is whatever their clients could establish, for example, that an shore stock losses from real U.S. stock tell them to do. offshore corporation really was con- income to shelter that income from Rebuttable Evidentiary Presump- trolled by an independent third party, U.S. taxes; and a 13-year offshore net- tions. The reality behind these offshore or that money sent from an offshore work of 58 offshore trusts and corpora- practices makes a mockery of U.S. account really represented a non- tions built by American brothers Sam laws that normally view trusts and taxable gift instead of taxable income. and Charles Wyly. Each of these case corporations as independent actors. If the taxpayer wished to introduce evi- histories presented the same fact pat- They invite tax avoidance and tax eva- dence from a foreign person, such as an tern in which the U.S. taxpayer, sion. To combat these abusive offshore offshore banker, corporate officer, or through lawyers, banks, or other rep- practices, Section 102(g) of the bill trust administrator, to establish those

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.030 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6652 CONGRESSIONAL RECORD — SENATE September 19, 2013 facts, that foreign person would have Section 102(b) would amend 26 U.S.C. regulators, investigating possible vio- to appear in the U.S. proceeding in a Section 1471 to make it clear that the lations of U.S. law. The second would manner that would permit cross exam- types of financial accounts that must allow the IRS to disclose the name of ination. be disclosed by foreign financial insti- any foreign financial institution whose The bill also includes several limita- tutions under FATCA include not just disclosure agreement under FATCA tions on the presumptions to ensure savings, money market or securities was terminated, either by the institu- their operation is fair and reasonable. accounts, but also transaction action, its government, or the IRS. Fi- First, criminal cases would not be af- counts, such as checking accounts, nancial institutions should not be able fected by this bill, which would apply that some banks might claim are not to portray themselves as FATCA insti- only to civil proceedings. Second, the depository accounts. This section tutions if, in fact, they are not. presumptions would come into play would also make it clear that financial Section 102(f) would amend 26 U.S.C. only if the IRS or SEC were to chal- institutions may not omit from their 6038D, which creates a new tax return lenge a matter in an enforcement pro- disclosures client assets in the form of disclosure obligation for U.S. taxpayers ceeding. Third, the bill recognizes that derivatives, including swap agree- with interests in ‘‘specified foreign fi- certain classes of offshore transactions, ments. nancial assets,’’ to clarify that the dis- such as corporate reorganizations, may Section 102(c) would amend 26 U.S.C. closure requirement applies not only to not present a potential for abuse and 1472 to clarify when a withholding persons who have a direct or nominal accordingly authorizes Treasury and agent ‘‘knows or has reason to know’’ ownership interest in those foreign fi- the SEC to issue regulations or guid- that an account is directly or indi- nancial assets, but also to persons who ance identifying such classes of trans- rectly owned by a U.S. person and must have a beneficial ownership interest in actions to which the presumptions be disclosed to the United States. The them. While the existing statutory lan- would not apply. bill provision would make it clear that guage implies this broad reporting ob- An even more fundamental limita- the withholding agent would have to ligation, the amendment would make tion on the presumptions is that they take into account information ob- it clear. would apply only to U.S. persons who tained as the result of ‘‘any customer Finally, Section 102(a) would amend directly or through an offshore entity identification, anti-money laundering, a new annual tax return obligation es- choose to do business with a anti-corruption, or similar obligation tablished in 26 U.S.C. 1298(f) for passive ‘‘nonFATCA institution,’’ meaning a foreign investment companies (PFICs). foreign financial institution that has to identify accountholders.’’ In other PFICs are typically used as holding not adopted the FATCA disclosure re- words, if a foreign bank knows, as a re- companies for foreign assets held by quirements and instead takes advan- sult of due diligence inquiries made U.S. persons, and the intent of the new tage of banking, corporate, and tax se- under its anti-money laundering pro- Section 1298(f) is to require all PFICs crecy laws and practices that make it gram, that a non-U.S. corporation was to begin filing annual informational very difficult for U.S. tax authorities beneficially owned by a U.S. person, tax returns with the IRS. The current to detect financial accounts benefiting the foreign bank would have to report statutory language, however, limits U.S. persons. that account to the IRS—it could not FATCA’s disclosure requirements treat the offshore corporation as a non- the disclosure obligation to any U.S. were designed to combat offshore se- U.S. customer. That approach is al- person who is a ‘‘shareholder’’ in a crecy and flush out hidden accounts ready implied in the existing statutory PFIC, and does not cover PFICs whose being used by U.S. persons to evade language and is part of the regulations shares may be nominally held by an U.S. taxes. Section 102(g) would con- that have been issued to implement offshore corporation or trust, but bene- tinue the fight by allowing federal au- FATCA, but this amendment would ficially owned by a U.S. person. The thorities to benefit from rebuttable make it crystal clear. bill provision would broaden the PFIC presumptions regarding the control, Section 102(c) would also amend the reporting requirement to apply to any ownership and assets of offshore enti- law to make it clear that the Treasury U.S. person who ‘‘directly or indi- ties that open accounts at financial in- Secretary, when exercising authority rectly, forms, transfers assets to, is a stitutions outside the FATCA disclo- under FATCA to waive disclosure or beneficiary of, has a beneficial interest sure system. These presumptions would withholding requirements for non-fi- in, or receives money or property or allow U.S. law enforcement to estab- nancial foreign entities, can waive the use thereof’’ from a PFIC. That lish what we all know from experience those requirements only for a class of broader formulation of who should file is normally the case in an offshore ju- entities that the Secretary identifies the new PFIC annual tax return would risdiction: that a U.S. person who cre- as ‘‘posing a low risk of tax evasion.’’ A ensure that virtually all PFICs formed ates, finances, or benefits from an off- variety of foreign financial institutions by, financed by, or benefiting U.S. per- shore entity controls that entity; that have pressed Treasury to issue waivers sons are required to file informational money and property sent to or from an under Section 1472, and this amend- returns with the IRS. offshore entity involves taxable in- ment would make it clear that such SECTION 103—CORPORATIONS MANAGED AND come; and that an offshore account waivers are possible only when the risk CONTROLLED IN THE UNITED STATES that has not been disclosed to U.S. au- of tax evasion is minimal. Section 103 of the bill focuses on cor- thorities should become subject to in- Section 102(d) would amend 26 U.S.C. porations which claim foreign status— spection. U.S. law enforcement needs 1473 to clarify that the definition of often in a tax haven jurisdiction—in to establish those facts presumptively, ‘‘substantial United States owner’’ in- order to avoid payment of U.S. taxes, without having to pierce the secrecy cludes U.S. persons who are beneficial but then operate right here in the veil, because of the difficulty of getting owners of corporations or the bene- United States in direct competition access to the relevant information. At ficial owner of an entity that is one of with domestic corporations that are the same time, U.S. persons who chose the partners in a partnership. While paying their fair share. to transact their affairs through ac- the current statutory language already This offshore game is all too com- counts at a non-FACTA institution are implies that beneficial owners are in- mon. In 2008, the Senate Finance Com- given the opportunity to lift the veil of cluded, this amendment would leave no mittee held a hearing describing a trip secrecy and demonstrate that the pre- doubt. made by GAO to the Cayman Islands to sumptions are factually incorrect. Section 102(e) would amend 26 U.S.C. look at the infamous Ugland House, a These rebuttable evidentiary presump- 1474 to make two exceptions to the five-story building that is the official tions would provide U.S. tax and secu- statutory provision which makes ac- address for over 18,800 registered com- rities law enforcement with powerful count information disclosed to the IRS panies. GAO found that about half of new tools to end tax haven abuses. by foreign financial institutions under the alleged Ugland House tenants— FATCA Disclosure Obligations. In ad- FATCA confidential tax return infor- around 9,000 entities—had a billing addition to establishing presumptions, mation. The first exception would dress in the United States and were not Section 102 would make several allow the IRS to disclose the account actual occupants of the building. In changes to clarify and strengthen information to federal law enforcement fact, GAO determined that none of the FATCA’s disclosure obligations. agencies, including the SEC and bank companies registered at the Ugland

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.031 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6653 House had office space or actual em- closed that Apple, a prominent U.S. The section would provide exceptions ployees there. GAO found that the only corporation, had established three for private companies that once met true occupant of the building was a wholly-owned subsidiaries in Ireland the section’s test for treatment as a Cayman law firm, Maples and Calder. that claimed the bulk of Apple’s for- domestic corporation but, during a Here’s what the GAO wrote: eign sales income, while also claiming later tax year, fell below the $50 mil- Very few Ugland House registered entities not to be tax resident in any country. lion gross assets test, do not expect to have a significant physical presence in the All three of Apple’s Irish subsidiaries exceed that threshold again, and are Cayman Islands or carry out business in the were run by personnel located pri- granted a waiver by the Treasury Sec- Cayman Islands. According to Maples and marily in the United States. Under retary. Calder partners, the persons establishing Irish law, because the management of If enacted into law, Section 103 would these entities are typically referred to the corporations was not in Ireland, put an end to the unfair situation Maples by counsel from outside the Cayman Islands, fund managers, and investment they were not considered tax residents where some U.S.-based companies pay banks. As of March 2008 the Cayman Islands of Ireland. Under U.S. law, because the U.S. taxes, while their competitors set Registrar reported that 18,857 entities were corporations were formed in Ireland, up a shell corporation in a tax haven registered at the Ugland House address. Ap- they were not considered tax residents and are able to defer or escape tax- proximately 96 percent of these entities were of the United States. They were nei- ation, despite the fact that their for- classified as exempted entities under Cay- ther here nor there, and paid no cor- eign status is nothing more than a man Islands law, and were thus generally porate income taxes anywhere. paper fiction. This provision has been prohibited from carrying out domestic busi- Section 103 would put an end to such estimated by the Joint Committee on ness within the Cayman Islands. corporate fictions and unjustified tax Taxation to raise $6.6 billion in tax rev- Section 103 of the bill is designed to avoidance by profitable multinational enues over ten years. address the Ugland House problem. It corporations through offshore loop- SECTION 104—INCREASED DISCLOSURE OF focuses on the situation where a cor- holes. It provides that if a corporation OFFSHORE ACCOUNTS AND ENTITIES poration is incorporated in a tax haven is publicly traded or has aggregate Offshore tax abuses thrive in secrecy. as a mere shell operation with little or gross assets of $50 million or more, and Section 104(a) attempts to overcome no physical presence or employees in its management and control occurs pri- offshore secrecy practices by creating the jurisdiction. The shell entity pre- marily in the United States, then that two new disclosure mechanisms requir- tends it is operating in the tax haven corporation will be treated as a U.S. ing third parties to report offshore even though its key personnel and deci- domestic corporation for income tax transactions undertaken by U.S. per- sionmakers are in the United States. purposes. sons. This set up allows the owners of the To implement this provision, Treas- The first disclosure mechanism fo- shell entity to take advantage of all of ury is directed to issue regulations to cuses on U.S. financial institutions the benefits provided by U.S. legal, guide the determination of when man- that open a U.S. account in the name educational, financial and commercial agement and control occur primarily in of an offshore entity, such as an off- systems and at the same time avoid the United States, looking at whether shore trust or corporation, and learn paying U.S. taxes. ‘‘substantially all of the executive offi- from an anti-money laundering due My Subcommittee has seen numerous cers and senior management of the cor- diligence review, that a U.S. person is companies exploit this situation, de- poration who exercise day-to-day re- the beneficial owner behind that off- claring themselves to be foreign cor- sponsibility for making decisions in- shore entity. In the Wyly case history porations even though they really op- volving strategic, financial, and oper- examined by the Subcommittee, for ex- erate out of the United States. For ex- ational policies of the corporation are ample, three major U.S. financial insti- ample, thousands of hedge funds whose located primarily within the United tutions opened dozens of accounts for managers live and work in the United States.’’ offshore trusts and corporations that States play this game to escape taxes This new section relies on the same they knew were associated with the and avoid regulation. In an October principles regarding the true location Wyly family. 2008 Subcommittee hearing, three size- of ownership and control of a company Under current anti-money laundering able hedge funds, Highbridge Capital that underlie the corporate inversion law, all U.S. financial institutions are which is associated with JPMorgan rules adopted in the American Jobs supposed to know who is behind an ac- Chase, Angelo Gordon, and Maverick Creation Act of 2005. Those inversion count opened in the name of, for exam- Capital, acknowledged that, although rules, however, do not address the fact ple, an offshore shell corporation or all claimed to be Cayman Island cor- that some entities directly incorporate trust. They are supposed to obtain this porations, none had an office or a sin- in foreign countries and manage their information to safeguard the U.S. fi- gle full time employee in that jurisdic- businesses activities from the United nancial system against misuse by ter- tion. Instead, their offices and key de- States. Section 103 would level the rorists, money launderers, and other cisionmakers were located and did playing field and ensure that entities criminals. business right here in the United which incorporate directly in another Under current tax law, a bank or se- States. country are subject to a similar man- curities broker that opens an account According to a Wall Street Journal agement and control test. Section 103 for a U.S. person is also required to article, over 20 percent of the corpora- is also similar in concept to the sub- give the IRS a 1099 form reporting any tions that made initial public offerings stantial presence test in the income capital gains or other reportable in- or IPOs in the United States in 2010, tax treaty between the United States come earned on that account. However, were incorporated in Bermuda or the and the Netherlands that looks to the the bank or securities broker need not Cayman Islands, but also described primary place of management and con- file a 1099 form if the account is owned themselves to investors as based in an- trol to determine corporate residency. by a foreign entity not subject to U.S. other country, such as the United To address, in particular, the many tax law. Problems arise when an ac- States. The article also described how investment companies that incorporate count is opened in the name of an off- Samsonite, a Denver-based company, in tax havens but operate with invest- shore entity that is nominally not sub- reincorporated in Luxembourg before ment managers who live and work in ject to tax, but which the bank or going public. Too many of these tax- the United States, Section 103 specifi- broker knows, from its anti-money haven incorporations appear to have no cally directs Treasury to issue regula- laundering review, is owned or con- purpose other than having the advan- tions to specify that, when investment trolled by a U.S. person who is subject tage of operating in the United States decisions are being made in the United to tax. The U.S. person should be filing while avoiding U.S. taxation and un- States, the management and control of a tax return with the IRS reporting the dercutting U.S. competitors who pay that corporation shall be treated as oc- income of the ‘‘controlled foreign cor- their taxes. curring primarily in the United States, poration.’’ However, since he or she Still another illustration of the prob- and that corporation shall be subject knows it is difficult for the IRS to con- lem came to light earlier this year, in to U.S. taxes in the same manner as nect an offshore accountholder to a a Subcommittee hearing which dis- any other U.S. corporation. particular taxpayer, the U.S. person

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.032 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6654 CONGRESSIONAL RECORD — SENATE September 19, 2013 may feel safe in not reporting that in- agreed under FATCA to disclose to the cording to the Bank for International come. That complacency might IRS the accounts they open for U.S. Settlements, their dollar value topped change, however, if the U.S. person persons. Past Subcommittee investiga- $560 trillion. knew that the bank or broker who tions have found that some U.S. finan- Well it turns out that there’s a tax opened the account and learned of the cial institutions help their U.S. clients angle that promotes not only swaps connection had a legal obligation to re- both to form offshore entities and to dealing, but also offshore finagling. port any account income to the IRS. open foreign bank accounts for those That’s because U.S. tax regulations Under current law, the way the regu- entities, so that their clients do not currently allow swap payments that lations are written and typically inter- even need to leave home to set up an are sent from the United States to preted, the bank or broker can treat an offshore structure. Since non-FATCA someone offshore to be treated as non- account opened in the name of a for- institutions, by definition, have no ob- U.S. source income that may escape eign corporation as an account that is ligation to disclose the accounts to U.S. taxation. Let me repeat that. held by an independent entity that is U.S. authorities, Section 104(a) would Under existing IRS regulations, swap separate from the U.S. person, even if instead impose that disclosure obliga- payments sent from the United States it knows that the foreign corporation tion on the U.S. financial institution are deemed to be non-U.S. source in- is acting merely as a screen to hide the that helped set up the account for its come to the recipient for U.S. tax pur- identity of the U.S. person, who exer- U.S. client. poses. That is because current IRS reg- cises complete authority over the cor- Section 104(b) would impose the same ulations deem the ‘‘source’’ of the swap poration and benefits from any income penalties for the failure to report such payment to be where the payment ends earned on the account. Many banks accounts as apply to the failure to up—the exact opposite of the normal and brokers contend that the current meet other reporting obligations of meaning of the word ‘‘source.’’ regulations impose no duty on them to withholding agents. You can imagine the use that some file a 1099 form or other form disclosing SECTION 105—CLOSING THE SWAPS OFFSHORE hedge funds that are managed here in that type of account to the IRS. LOOPHOLE The bill would strengthen current Section 105 of the bill targets a tax the United States, but are incorporated law by expressly requiring a bank or loophole benefiting swap dealers and offshore and maintain post office boxes broker that knows, as a result of its other parties that enter into swap ar- and bank accounts in tax havens, may anti-money laundering due diligence or rangements, which I call the swaps off- be making of that tax loophole. They otherwise, that a U.S. person is the shore loophole. can tell their swap counterparties in beneficial owner of a foreign entity In simple terms, a swap is a financial the United States to send any swap that opened an account, to disclose contract in which two parties typically payments to their offshore post box or that account to the IRS by filing a 1099 bet against each other on the perform- bank account, tell Uncle Sam that or equivalent form reporting the ac- ance of a referenced financial instru- those payments are legally considered count income. This reporting obliga- ment or on the outcome of a referenced non-U.S. source income, and count the tion would not require banks or bro- event over a specified period of time. swap payments they receive as foreign kers to gather any new information— The bet can be about whether a com- income not subject to U.S. tax. Hedge financial institutions are already re- modity price or stock value will go up funds are likely far from alone in shel- quired to perform anti-money laun- or down over time, whether one foreign tering their swap income from taxation dering due diligence for accounts currency or interest rate will gain or by sending it offshore. Banks, securi- opened by offshore shell entities. The lose value compared to another during ties firms, other financial firms and a bill would instead require U.S. finan- the covered period, or whether a cor- lot of commercial firms may be doing cial institutions to act on what they porate bond or sovereign country will the same thing. already know by filing the relevant default before a specified date. Those Our bill would shut down that off- form with the IRS. swaps are generally referred to as com- shore game simply by recognizing re- This section would require such re- modity, equity, interest rate, foreign ality—that swap payments sent from ports to the IRS from two sets of finan- currency, or credit default swaps. the United States are U.S. source in- cial institutions. The first set is finan- Sometimes swaps are used, not to place come subject to taxation. cial institutions that are located and bets, but to allocate revenue streams TITLE II—OTHER MEASURES TO COMBAT TAX do business in the United States. The over time. For example, in a ‘‘total re- HAVEN ABUSES second set is foreign financial institu- turn swap,’’ one party may promise to The second title of the bill con- tions which are located and do business pay the other party all financial re- centrates on strengthening key domes- outside of the United States, but are turns produced by a referenced finan- tic measures used to combat offshore voluntary participants in either the cial instrument during the covered pe- tax abuse. Its provisions focus on FATCA or Qualified Intermediary pro- riod. In many swaps, one party makes strengthening corporate offshore dis- gram, and have agreed to provide infor- a series of payments to the other dur- closure requirements and nondisclosure mation to the IRS about certain ac- ing the covered period to reflect the penalties, anti-money laundering safe- counts. Under this section, if a foreign change in value of the swap over time. guards used to screen incoming off- financial institution has an account Ten years ago, few people outside of shore funds, procedures to authorize under the FATCA or QI program, and financial circles had ever heard of a John Doe summonses used to uncover the accountholder is a non-U.S. entity swap, but we all learned a great deal the identities of tax dodgers, and For- that is controlled or beneficially owned about them during the financial crisis. eign Bank Account Reports used to by a U.S. person, then that foreign fi- We watched AIG teeter on the brink of identify assets held offshore. nancial institution would have to re- bankruptcy from issuing credit default SECTION 201—COUNTRY-BY-COUNTRY REPORTING port any reportable assets or income in swaps whose collateral calls it could that account to the IRS. While foreign not meet, needing a $182 billion rescue Section 201 of the bill would tackle financial institutions are already re- with taxpayer dollars. Since then, we the problem of offshore secrecy that quired to report such accounts under have seen credit default swaps play currently surrounds most multi- FATCA regulations, Section 104(a) roles in financial crises around the national corporations by requiring would provide a clear statutory founda- world from Greece to Ireland to Por- them to provide basic information on a tion for those regulatory provisions tugal. We have also learned that vir- country-by-country basis to the invest- and extend them to U.S. financial in- tually all major U.S. banks engage in ing public and government authorities. stitutions as well. interest rate and foreign currency Many multinationals today are com- The second disclosure mechanism swaps, and have seen U.S. cities like plex businesses with sprawling oper- created by Section 104(a) targets U.S. Detroit incur major losses from enter- ations that cross multiple inter- financial institutions that open foreign ing into complex interest rate swaps national boundaries. In many cases, no bank accounts for U.S. clients at non- that went sour. We have also learned one outside of the corporations them- FATCA institutions, meaning foreign that global swap markets have grown selves knows much about what a par- financial institutions that have not so large that, by the end of 2012, ac- ticular corporation is doing on a per

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.032 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6655 country basis or how its country-spe- shifting and tax avoidance. They also nationals, with more than $160 billion cific activities fit into the corpora- endorsed an ongoing OECD effort to de- in profits, paid no federal income taxes tion’s overall performance, planning, velop a standard template for multi- at all. A 2013 GAO report found that, and operations. national corporations to disclose their contrary to the statutory corporate in- The lack of country-specific informa- income and taxes on a per country come tax rate of up to 35 percent, in tion deprives investors of key data to basis. 2010, overall, large profitable corpora- analyze a multinational’s financial Section 201 of our bill would help the tions actually paid an effective tax health, exposure to individual coun- United States carry out its G–20 com- rate of just 12.6 percent. At the same tries’ problems, and worldwide oper- mitment to combat multinational tax time that corporations are dodging ations. There is also a lack of informa- avoidance while also assisting U.S. in- payment of U.S. taxes, corporate mis- tion to evaluate tax revenues on a vestors and tax administrators to iden- conduct is continuing to drain the U.S. country-specific basis to combat tax tify U.S. corporations engaged in profit treasury of billions upon billions of evasion, financial fraud, and corruption shifting and tax avoidance. The bill taxpayer dollars to combat mortgage by government officials. would accomplish those objectives by fraud, oil spills, bank bailouts, and The lack of country-specific informa- requiring corporations that are reg- more. tion impedes efficient tax administra- istered with the Securities and Ex- Corporate nonpayment of tax in- tion and leaves tax authorities unable change Commission to provide an an- volves a host of issues, but transfer to effectively analyze transfer pricing nual report with basic information pricing and offshore tax dodging by arrangements, foreign tax credits, busi- about their operations on a country- multinationals is a big part of the ness arrangements that attempt to by-country basis. Three types of infor- problem. Section 201 of the bill would play one country off another to avoid mation would have to be provided: the take the necessary first step to stop taxation, and illicit tactics to move approximate number of corporate em- transfer pricing abuses by requiring profits to tax havens. ployees per country; the total amount clear disclosures of basic corporate For example, earlier this year, the of pre-tax gross revenues assigned by data on a country-by-country basis. Subcommittee hearing on Apple dis- the corporation to each country; and SECTION 202—$1 MILLION PENALTY FOR HIDING OFFSHORE STOCK HOLDINGS closed for the first time that it had the total amount of tax obligations and Section 202 of the bill addresses a dif- three wholly owned subsidiaries in Ire- actual tax payments made by the cor- ferent offshore abuse. In addition to land which claimed the bulk of Apple’s poration in each jurisdiction. This in- tax abuses, the 2006 Subcommittee in- sales income, but also claimed not to formation would have to be provided by vestigation into the Wyly case history be tax resident in any country. One of the corporation in a publicly available those subsidiaries, Apple Operations uncovered a host of troubling trans- annual report filed with the SEC. actions involving U.S. securities held International, had no physical presence The bill requires disclosure of basic by the 58 offshore trusts and corpora- at any address and, in thirty years of data that multinational corporations tions associated with the two Wyly existence, no employees. It was run en- should already have. The data would brothers. Over the course of a number tirely from the United States, but not be burdensome to collect. It’s just of years, the Wylys had obtained about claimed it was not a U.S. tax resident. information that is not routinely re- $190 million in stock options as com- Over a four year period from 2009 to leased by many multinationals. It is pensation from three U.S. publicly 2012, it declared $30 billion in revenues, time to end the secrecy that now en- traded corporations at which they were but paid no corporate income tax in ables too many multinationals to run directors and major shareholders. Over the United States, Ireland, or any circles around tax administrators. time, the Wylys transferred those other jurisdiction. Apple Sales Inter- In the case of the United States, the stock options to the network of off- national, a second Irish subsidiary, re- value of country-by-country data shore entities they had established. ceived sales revenue over a three-year would provide critical information in The investigation found that, for period, from 2009 to 2011, totaling $74 the fight against rampant corporate years, the Wylys had generally failed billion, but did not declare any of that tax evasion. An article by Professor to report the offshore entities’ stock income in the United States and appar- Kimberly Clausing estimated that, in holdings or transactions in their filings ently only a tiny fraction in Ireland. In 2008 alone, ‘‘the income shifting of mul- with the Securities and Exchange Com- 2011, for example, it paid no corporate tinational firms reduced U.S. govern- mission (SEC). They did not report income taxes at all in the United ment corporate tax revenue by about those stock holdings on the ground States and only $10 million in taxes in $90 billion,’’ which was ‘‘approximately that the 58 offshore trusts and corpora- Ireland on $22 billion in income, pro- 30 percent of corporate tax revenues.’’ tions functioned as independent enti- ducing an overall tax rate of five-hun- Think about that. Profit shifting—in ties, even though the Wylys continued dreds of one percent. It is far from which multinationals use various tac- to direct the entities’ investment and clear that either U.S. or Irish tax au- tics to shift income to tax havens to other activities. The public companies thorities were fully aware of the ac- escape U.S. taxes is—responsible for $90 where the Wylys were corporate insid- tions taken by Apple to avoid taxation billion in unpaid taxes in a single year. ers also failed to include in their SEC in both countries. Over ten years, that translates into filings information about the company Apple is far from alone. Over the last $900 billion—nearly a trillion dollars. It shares held by the offshore entities, two years, other multinational cor- is unacceptable to allow that mag- even though the companies knew of porations, including Starbucks, Ama- nitude of nonpayment of corporate their close relationship to the Wylys, zon, Google, and others, have been ex- taxes to continue year after year in that the Wylys had provided the off- coriated for failing to pay taxes in light of the mounting deficits facing shore entities with significant stock countries where they have massive this country and the sequestration that options, and that the offshore entities sales. Earlier this month, leaders of the has been imposed. held large blocks of the company G–20 countries declared aggressive Treasury data shows that the overall stock. On other occasions, the public multinational corporate tax avoidance share of federal taxes paid by U.S. cor- companies and various financial insti- through profit shifting was a global porations has fallen dramatically, from tutions failed to treat the shares held problem, and called for profits to be 32 percent in 1952, to about 9 percent by the offshore entities as affiliated taxed where economic activities added last year. A 2008 report by the Govern- stock, even though they were aware of value or produced profits. The G–20 ment Accountability Office found that, the offshore entities’ close association leaders, including President Obama, over an eight-year period, about 1.2 with the Wylys. The investigation committed their countries to engaging million U.S. controlled corporations, or found that, because both the Wylys and in automatic information sharing to 67 percent of the corporate tax returns the public companies had failed to dis- stop tax evasion and to support an on- filed, paid no federal corporate income close the holdings of the offshore enti- going effort by the Organization for Co- tax at all, despite total gross receipts ties, for 13 years federal regulators had operation and Economic Development of $2.1 trillion. A more recent study been unaware of those stock holdings the OECD to develop global tax prin- found that, over a recent three year pe- and the relationships between the off- ciples aimed at ending corporate profit riod, 30 of the largest U.S. multi- shore entities and the Wyly brothers.

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.033 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6656 CONGRESSIONAL RECORD — SENATE September 19, 2013 Corporate insiders and public compa- drew them with no explanation. Sec- which the IRS must instead apply to a nies are already obligated by current tion 203 of the bill would require Treas- court for advance permission to serve law to disclose stock holdings and ury to get back on track and issue final the summons on the third party. To ob- transactions of offshore entities affili- anti-money laundering regulations for tain approval of the summons, the IRS ated with a company director, officer, investment advisors to hedge funds and must show the court, in public filings or major shareholder. In fact, in 2010, private equity companies registered to be resolved in open court, that: (1) the SEC filed a civil complaint against with the SEC. Treasury would be free the summons relates to a particular the Wylys in connection with their hid- to draw upon its 2002 proposal, and person or ascertainable class of per- den offshore holdings and alleged in- would have 180 days after enactment of sons, (2) there is a reasonable basis for sider trading. Current penalties, how- the bill to propose a rule and another concluding that there is a tax compli- ever, appear insufficient to ensure 270 days to finalize it and put in place ance issue involving that person or compliance in light of the low likeli- the same types of safeguards that now class of persons, and (3) the informa- hood that U.S. authorities will learn of apply to all other financial firms. tion sought is not readily available In addition, Section 204 of the bill transactions that take place in an off- from other sources. shore jurisdiction. To address this would add formation agents to the list problem, Section 202 of the bill would of persons with anti-money laundering In recent years, the IRS has used establish a new monetary penalty of up obligations. For the first time, those John Doe summonses to obtain infor- to $1 million for persons who know- engaged in the business of forming cor- mation about taxpayers operating in ingly fail to disclose offshore stock porations, trusts, and other entities, offshore secrecy jurisdictions. For ex- holdings and transactions in violation both offshore and in the 50 States, ample, the IRS obtained court approval of U.S. securities laws. would be responsible for knowing who to serve a John Doe summons on a SECTIONS 203 AND 204—ANTI-MONEY LAUNDERING their clients are and avoiding suspect Swiss bank, UBS AG, to obtain the PROGRAMS funds. The bill directs Treasury to de- names of thousands of U.S. clients who The next two sections of the bill seek velop anti-money laundering regula- opened UBS accounts in Switzerland to establish preventative programs to tions for this group in a little over a without disclosing those accounts to screen offshore money being sent into year. Treasury’s key anti-money laun- the IRS. That landmark effort to over- the United States through private in- dering agency, the Financial Crimes come Swiss secrecy laws led to the vestment funds. Enforcement Network, testified before bank’s turning over thousands of U.S. The Subcommittee’s 2006 investiga- the Subcommittee in 2006, that it was client names to the United States and tion showed that the Wyly brothers considering drafting such regulations to the Swiss government’s announcing used two hedge funds and a private eq- but seven years later has yet to do so. it would no longer use its secrecy laws uity fund controlled by them to funnel Section 204 also creates an exemption to protect U.S. tax evaders. In earlier millions of untaxed offshore dollars for government personnel and for at- years, the IRS obtained court approval into U.S. investments. Other Sub- torneys who use paid formation agents to issue John Doe summonses to credit committee investigations provide ex- when forming entities for their clients. card associations, credit card proc- tensive evidence of the role played by Because paid formation agents would essors, and credit card merchants, to U.S. formation agents in assisting U.S. already be subject to anti-money laun- collect information about taxpayers persons to set up offshore structures as dering obligations under the bill, there using credit cards issued by offshore would be no reason to simultaneously well as U.S. shell companies later used banks. This information has led to subject attorneys using their services in illicit activities, including tax eva- many successful cases in which the IRS sion, money laundering, and other mis- to the same anti-money laundering re- has identified funds hidden offshore conduct. Because hedge funds, private quirements. and recovered unpaid taxes. equity funds, and formation agents are We expect and intend that, as in the as vulnerable as other financial insti- case of all other entities required to in- Currently, however, use of the John tutions to money launderers seeking stitute anti-money laundering pro- Doe summons process is time con- entry into the U.S. financial system, grams, the regulations issued in re- suming and expensive. For each John the bill contains two provisions aimed sponse to this bill would instruct hedge Doe summons involving an offshore seat ensuring that these groups know funds, private equity funds and forma- crecy jurisdiction, the IRS has had to who their clients are and do not trans- tion agents to adopt risk-based proce- establish in court that the involvement mit suspect funds into the U.S. finan- dures that would concentrate their due of accounts and transactions in that cial system. diligence efforts on clients and funds offshore secrecy jurisdiction meant Currently, hedge funds and private that pose the highest risks of injecting that there was a significant likelihood equity funds are free to transmit sub- suspect funds into the United States. of tax compliance problems. To relieve stantial offshore funds into the United SECTION 205—IRS JOHN DOE SUMMONS the IRS of the need to make this same States without the same safeguards Section 205 of the bill focuses on an proof over and over in court after that apply to other financial institu- important tool used by the IRS in re- court, the bill would provide that, in tions—anti-money laundering pro- cent years to uncover taxpayers in- any John Doe summons proceeding in- grams that require them to know their volved in offshore tax schemes, known volving a class defined in terms of a customers, understand where substan- as a John Doe summons. Section 205 correspondent or payable-through ac- tial funds are coming from, and report would make three technical changes to count involving a non-FATCA institu- suspicious activity. There is no reason make the use of a John Doe summons tion, the court may presume that the why this sector of our financial serv- more effective in offshore and other case raises tax compliance issues. This ices industry should continue to serve complex investigations. presumption would then eliminate the A John Doe summons is an adminis- as an unfettered gateway into the U.S. need for the IRS to repeatedly estab- trative IRS summons used to request financial system for substantial funds lish in court the obvious fact that ac- information in cases where the identity that could be connected to tax evasion, counts at non-FATCA institutions of a taxpayer is unknown. In cases in- money laundering, terrorism, drug raise tax compliance issues. trafficking, or other misconduct. volving a known taxpayer, the IRS In 2001, after the 9/11 terrorist attack, may issue a summons to a third party In addition, Section 205 would the Patriot Act required all U.S. finan- to obtain information about that U.S. streamline the John Doe summons ap- cial institutions to put anti-money taxpayer, but must also notify the tax- proval process in large ‘‘project’’ inves- laundering programs in place. Eleven payer who then has 20 days to petition tigations where the IRS anticipates years ago, in 2002, in compliance with a court to quash the summons to the issuing multiple summonses to defin- the Patriot Act, the Treasury Depart- third party. With a John Doe summons, able classes of third parties, such as ment proposed anti-money laundering however, the IRS does not have the banks or credit card associations, to regulations for hedge funds and private taxpayer’s name and does not know obtain information related to par- equity companies, but never finalized where to send the taxpayer notice, so ticular taxpayers. Right now, for each them. In 2008, the Department with- the statute substitutes a procedure in summons issued in connection with a

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.034 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6657 project, the IRS has to obtain the ap- for tax purposes, and if the IRS has tribute to offshore tax abuse and create proval of a court, often having to re- been charged with FBAR enforcement incentives for U.S. corporations to send peatedly establish the same facts be- because of the FBARs’ close connection jobs and operations offshore. Most of fore multiple judges in multiple courts. to tax administration, common sense these provisions are modeled after rec- This repetitive exercise wastes IRS, dictates that the FBAR statute should ommendations made by the President Justice Department, and court re- be viewed as a ‘‘related statute’’ for tax in his budget proposals. sources, and fragments oversight of the disclosure purposes. Section 206(a) of Earlier this month, the G–20 leaders overall IRS investigative effort. the bill would make that clear by add- endorsed efforts to prevent tax avoid- To streamline this process and ing a provision to Section 6103(b) of the ance and tax evasion through offshore strengthen court oversight of IRS use tax code deeming FBAR-related stat- structures. They stated that ‘‘inter- of John Doe summons, the bill would utes to be ‘‘related statutes,’’ thereby national tax rules, which date back to authorize the IRS to present an inves- allowing IRS personnel to make rou- the 1920’s, have not kept pace with the tigative project, as a whole, to a single tine use of tax return information changing business environment, includ- judge to obtain approval for issuing when working on FBAR matters. ing the growing importance of intangi- multiple summonses related to that The second change that would be bles and the digital economy.’’ They project. In such cases, the court would made by Section 206 is an amendment agreed that base erosion and profit retain jurisdiction over the case after to simplify the calculation of FBAR shifting (BEPS) deprives countries approval is granted, to exercise ongo- penalties. Currently the penalty is de- across the world of the funds needed to ing oversight of IRS issuance of sum- termined in part by the balance in the finance their governments, and results monses under the project. To further foreign bank account at the time of the in an unfair burden on the citizens who strengthen court oversight, the IRS ‘‘violation.’’ The violation has been in- must make up the lost revenues would be required to file a publicly terpreted to have occurred on the due through increased taxes. The G–20 lead- available report with the court on at date of the FBAR return, which is June ers issued a declaration that ‘‘we must least an annual basis describing the 30 of the year following the year to move forward in fighting BEPS prac- summonses issued under the project. which the report relates. The statute’s tices so that we ensure a fair contribu- The court would retain authority to re- use of this specific June 30th date can tion of all productive sectors to the fi- strict the use of further summonses at lead to strange results if money is nancing of public spending in our coun- any point during the project. withdrawn from the foreign account tries.’’ The provisions we are offering today SECTION 206—FBAR INVESTIGATIONS AND after the reporting period closed but SUSPICIOUS ACTIVITY REPORTS before the return due date. To elimi- would help do just that. Section 206 of the bill contains sev- nate this unintended problem, Section SECTION 301—ALLOCATION OF EXPENSES AND eral provisions to strengthen the abil- 206(b) of the bill would instead cal- TAXES ON THE BASIS OF REPATRIATION OF FOREIGN INCOME ity of the IRS to enforce the Foreign culate the penalty using the highest Section 301 addresses two key loop- Bank Account Report (FBAR) require- balance in the account during the cov- holes in the taxation of multinational ments and clarify the right of access by ered reporting period. The third part of Section 206 relates corporations. First, it would stop cor- IRS civil enforcement authorities to porations from taking current deduc- to Suspicious Activity Reports or Suspicious Activity Reports. tions for expenses arising from moving Under present law, a person control- SARs, which financial institutions are assets and operations abroad while ling a foreign financial account with required to file with the Financial being able to still defer paying U.S. in- over $10,000 is required to check a box Crimes Enforcement Center (FinCEN) come taxes on the income generated on his or her income tax return and, of the Treasury Department when they from those assets and operations. under Title 31, also file an FBAR form encounter suspicious transactions. Offshore Expenses. Under current with the IRS. Treasury has delegated FinCEN is required to share this infor- law, a multinational corporation can to the IRS responsibility for inves- mation with law enforcement, but cur- lower its U.S. taxes by taking deduc- tigating FBAR violations and assessing rently does not permit IRS civil inves- tions for offshore expenses currently, FBAR penalties. Because the FBAR en- tigators access to the information, while deferring paying taxes on its re- forcement jurisdiction derives from even though IRS civil investigators are lated income. For example, if a U.S.- Title 31, however, the IRS has set up a federal law enforcement officials. Shar- based company borrows money in the complex process for when its personnel ing SAR information with civil IRS in- United States to build a factory off- may use tax return information when vestigators would likely prove very shore, then it can deduct currently the acting in its role as FBAR enforcer. useful in tax investigations and would interest expense it pays on the loan The tax disclosure law, in Section not increase the risk of disclosure of from its U.S. taxes. It can also deduct 6103(b)(4) of the tax code, permits the SAR information, because IRS civil currently the expenses of moving mate- use of tax information only for the ad- personnel operate under the same rials to the offshore factory and for op- ministration of the internal revenue tough confidentiality rules as IRS erating the offshore factory on an on- laws or ‘‘related statutes.’’ To imple- criminal investigators. In some cases, going basis. But the company doesn’t ment this statutory requirement, the IRS civil agents are now issuing an IRS have to pay U.S. taxes on any of the in- IRS currently requires its personnel to summons to a financial institution to come arising from its offshore factory determine, at a managerial level and get access, for a production fee, to the operations until it chooses to return on a case by case basis, that the Title very same information the financial in- that income to the United States. The 31 FBAR law is a ‘‘related statute.’’ stitution has already filed with Treas- end result is that the multinational Not only does this necessitate a repet- ury in a SAR. Section 206(c) of the bill corporation currently deducts the off- itive determination in every FBAR would end that inefficient and costly shore expenses from its taxable in- case before an IRS agent can look at practice by making it clear that ‘‘law come, while deferring taxes on the off- the potential non-filer’s income tax re- enforcement’’ includes civil tax law en- shore income related to those expenses. turn to determine if such filer checked forcement. That deduction-income mismatch cre- the FBAR box, but it also prevents the TITLE III—ENDING CORPORATE OFFSHORE TAX ates a tax incentive for corporations to IRS from comparing FBAR filing AVOIDANCE move their operations, jobs, and profits records to bulk data on foreign ac- The first two titles of the bill focus offshore. counts received from tax treaty part- primarily on strengthening tools need- Section 301 of the bill would elimi- ners to find non-filers. ed to identify, stop, and punish off- nate that offshore incentive by allow- One of the stated purposes for the shore tax evasion, concentrating on ac- ing multinationals to claim deductions FBAR filing requirement is that such tivities that, for the most part, are al- only for the expenses of producing for- reports ‘‘have a high degree of useful- ready illegal. Another problem, how- eign income when they have repatri- ness in . . . tax . . . investigations or ever, are actions taken by multi- ated the income back to the U.S. par- proceedings.’’ 31 U.S.C. § 5311. If one of national corporations to exploit loop- ent corporation and paid taxes on it. the reasons for requiring taxpayers to holes in our tax code. Title III of the For corporations that choose to imme- file FBARs is to use the information bill seeks to close loopholes that con- diately repatriate, and thus pay taxes

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.034 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6658 CONGRESSIONAL RECORD — SENATE September 19, 2013 on, their foreign earnings, the bill tax rate of 35 percent. ABC Corp. has tem works in a case history involving would present no change from current generated a $40 foreign tax credit from Microsoft. The hearing showed how tax policy. But for multinational cor- the taxes it paid to Higher Tax Coun- Microsoft sold key intellectual prop- porations that park their overseas try. The $40 foreign tax credit allows erty rights to an Irish subsidiary it had earnings outside the United States, and ABC Corp. to repatriate all $100 of its established for $2.8 billion. That sub- defer paying any taxes on those earn- income from Higher Tax Country free sidiary then turned around and sold the ings, the bill would no longer allow of U.S. tax. Since that income had al- rights to other Microsoft offshore sub- them to claim U.S. tax deductions for ready been taxed by Higher Tax Coun- sidiaries for $9 billion, immediately expenses associated with those same try, it is reasonable under the principle shifting more than $6 billion in profits overseas operations, again, unless and of avoiding double taxation that the offshore, without paying any U.S. until they return the profits to the corporation should not have to pay any taxes. United States and pay taxes on them. further U.S. tax on that income. But Microsoft did not stop there. The It simply does not make sense for But repatriating that $100 would use U.S. parent also sold the right to mar- American taxpayers to subsidize the up only $35 of the corporation’s $40 for- ket its products in North and South offshoring of American jobs and oper- eign tax credit, with a $5 foreign tax America to another offshore subsidiary ations—but that is exactly what the credit left over. Under current law, the and then bought back from that same current tax code is doing. The bill corporation could then repatriate an- subsidiary the right to sell Microsoft being introduced today would stop that other $14 of offshore income from products in the United States in ex- unjustified tax subsidy. Lower Tax Country, and use its left change for payment of licensing fees. This provision has been proposed in over $5 foreign tax credit to shelter In 2011, its offshore licensing agree- various forms in the President’s budget that income from U.S. taxes. But for- ment translated into Microsoft sending 47 cents of every U.S. sales dollar to its proposals, and is estimated by the eign tax credits are supposed to pre- offshore subsidiary, shifting even more Joint Committee on Taxation to raise vent double taxation of the same in- U.S. source income offshore. In total, $60 billion over ten years. come, not shield foreign income from over a three-year period, Microsoft Foreign Tax Credits. The second any taxation at all. By allowing that used its transfer pricing gimmick to loophole addressed by Section 301 use of excess foreign tax credits, the would fix a complex mathematical avoid paying $4.5 billion in U.S. cor- tax code encourages multinationals to game played by multinational corpora- porate income taxes, or $4 million in run income through tax havens. taxes per day. Think about that. tions with how they calculate their for- To change that outcome, the bill eign tax credits. Our proposal, which Microsoft products are developed here. would require corporations to pool They are sold here, to customers here. the President has included in his budg- their foreign tax credits. The bill would et proposals, would close the loophole And yet Microsoft paid no taxes here then limit the amount of tax credits on nearly half of its U.S. sales income, that allows multinationals to use ex- that could be used, by allowing only cess foreign tax credits from higher tax because current U.S. tax law allowed that percent of its foreign tax credits jurisdictions to shelter income run Microsoft to send that money offshore equal to the percent of foreign income through lower tax jurisdictions from and defer indefinitely paying U.S. taxes that the corporation has repatriated U.S. taxes. There is bipartisan agree- on it. that year. For example, if the corpora- ment that this issue needs to be ad- The code currently includes provi- tion repatriated only 10 percent of its dressed. sions, particularly Sections 367(d) and The first part of this mathematical foreign income, it could use only 10 482, designed to stop multinationals game is straightforward. Under current percent of its foreign tax credits. from improperly transferring property By aggregating the foreign tax cred- law, the tax code protects U.S. tax- offshore to avoid U.S. taxes. Those pro- payers from double taxation of foreign its of multinational corporations, the visions, and the corresponding regula- income by allowing them to claim a bill would remove the tax incentive for tions, require that transfers of prop- foreign tax credit for taxes paid to a locating offshore income in low-tax ju- erty from a U.S. parent to a ‘‘con- foreign jurisdiction. Those foreign tax risdictions, while leveling the global trolled foreign corporation,’’ or CFC, credits can be used to offset U.S. in- playing field for multinationals oper- be conducted at an ‘‘arms-length’’ come taxes owed by the corporation. ating in multiple countries. The Joint price. The problem, however, is that Here is an example. Suppose ABC Committee on Taxation has estimated determining an arms-length price for Corporation, a U.S. multinational cor- that this provision would raise $55 bil- an intellectual property transaction poration, has $100 in income in Higher lion over 10 years. demands analysis of complex facts with Tax Country where it is taxed at 40 SECTION 302—EXCESS INCOME FROM TRANSFERS no decisive evidence of the proper percent, and another $100 in income in OF INTANGIBLES TO LOW-TAXED AFFILIATES price. Every case requires expensive Lower Tax Country where it is taxed at Section 302 of the bill addresses the and time consuming analysis by the 0 percent. Because ABC Corp. paid $40 problem of corporate transfers of in- IRS as well as expensive and time con- in taxes to Higher Tax Country, it tangible property offshore, an area suming litigation if the IRS decides to would generate a $40 foreign tax credit rampant with tax abuse. try to overturn an abusive transaction. which it could immediately use to Intangible property includes such Section 302 of the bill would help lower its U.S. taxes when it repatriates valuable items as patents, trademarks, erect a backstop to prevent unfair the foreign income. and marketing and distribution rights. valuations of intellectual property Now here is where it gets a bit more Under U.S. tax law, if a multinational being used to send money offshore. complex. Under current law, the cor- corporation has valuable intellectual Specifically, if evidence indicated that poration can use some of the foreign property, it can sell that property to the transferred property’s value ex- tax credits generated from paying its wholly-owned offshore subsidiary. ceeded 150 percent of the transfer price, taxes in one country to shield from So long as the corporation complies and it was transferred to a tax haven, U.S. taxes foreign income attributed to with a set of complicated ‘‘transfer then all gross income attributed to the another country, including a tax pricing’’ rules, the corporation can use of such transferred property over haven. then treat any income generated from 150 percent of the costs allocated to Right now, if a corporation earns for- that intellectual property as offshore such gross income would be treated as eign tax credits from a higher tax ju- income, and defer paying U.S. taxes on Subpart F income subject to U.S. tax- risdiction and those tax credits exceed it. ation. In the case of Microsoft, for ex- the amount used to offset the corpora- Current transfer pricing rules are in- ample, since the re-transfer of its intel- tion’s U.S. tax liability upon repatri- tended to ensure that the U.S. parent lectual property rights for $9 billion ex- ation, current law allows those excess receives fair compensation in return ceeded the original transfer price of credits to be applied to offset U.S tax for the sale of its property rights to its $2.8 billion by more than 150 percent, it on income repatriated from a lower-tax offshore subsidiary, but these rules are would have triggered taxation on the jurisdiction, typically a tax haven. not working. excess amount. While the Microsoft Let’s go back to our example, using Last year, the Subcommittee held a transactions may very well violate ex- the current maximum U.S. corporate hearing exposing how the current sys- isting transfer pricing laws based on

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.035 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6659 arms-length determinations, Section IRS is fully authorized to use certain weak IRS enforcement, not to mention 302 would make explicit that when off- common sense valuation methods for numerous tax gimmicks devised by shore transfers result in large profits determining the proper valuation of in- multinational corporations. being transferred to an offshore CFC, tangible property transfers. Specifi- One key problem is the 1997 so-called those excess profits are subject to im- cally, this section authorizes Treasury ‘‘check-the-box’’ regulation, which al- mediate taxation by the United States, to promulgate rules regarding the valu- lows a business enterprise to declare without mandating a complex arms- ation of transferred intangible prop- what type of legal entity it wants to be length evaluation. erty. In particular, if deemed the considered for federal tax purposes by Section 302 has been designed to ‘‘most reliable means of valuation’’ by simply checking a box. This rule was avoid taxation of legitimate business the Secretary, tax enforcement offi- issued by the IRS without any statu- transfers. For example, to avoid cap- cials would be allowed to aggregate off- tory direction. It was intended to stop turing income related to legitimate shore transfers by a company for the expensive and unproductive litigation business operations by the foreign sub- purpose of valuation. And, under this and confusion over whether to treat sidiary using intangible property, in- provision, tax officials could consider business entities as taxable entities or come derived from such subsidiary’s realistic alternatives to the transfer in as flow-through entities whose taxes actual use in the country would be en- developing their valuations, if such al- had to be paid by their owners. It was tirely excluded from any excess income ternatives would lead to the most reli- in response to many states creating new business forms in the years leading calculation. Further, to avoid impact- able valuation. ing legitimate operations that simply By providing tax enforcement au- up to its adoption. Since different earn high rates of return due to a busi- thorities with the flexibility needed to states used different names with slight- ness success, the provision targets only perform realistic and more accurate as- ly different characteristics, the regulation was intended to help provide relief profits that are not taxed by the for- sessments of the value of transferred for taxpayers who were having dif- eign jurisdiction. To do so, this provi- intangible property, we would improve ficulty determining whether they sion exempts income that is taxed by a both the accuracy of enforcement and should be taxed at the entity level, or foreign jurisdiction at a rate of more the fairness of our tax code. The Joint have the income pass through to its than 15 percent, with a phase out set Committee on Taxation has estimated for rates between 10 percent and 15 per- owners. It was almost exclusively that this provision would raise about viewed as a domestic tax law issue. cent. In most cases, this exemption $1.7 billion over ten years. would limit the impact of the provision Almost as soon as it was issued, how- SECTION 304—REPEAL OF ‘‘CHECK-THE-BOX’’ so that it would affect only subsidi- ever, multinational corporations began RULE FOR FOREIGN ENTITIES AND THE CFC to use the rule, not as a way of deter- aries located in tax haven jurisdic- ‘‘LOOK-THROUGH’’ RULE mining who should be taxed, but as a tions, which, of course, are the most Section 304 of the bill addresses an- way to get around paying any taxes at likely candidates for abuse. other key offshore tax abuse: use of the all on passive offshore income under We are not alone in targeting trans- so-called ‘‘check-the-box’’ and CFC Subpart F. fer pricing abuses involving intellec- ‘‘look-through’’ rules to avoid paying tual and other intangible property. The A little over a year after its adop- U.S. corporate income taxes on passive tion, after it became clear that the rule international community has recog- offshore income. Both provisions en- nized the severity of these abuses when would be abused to circumvent Subpart able multinational corporations to the G–20 leaders recently called for F taxation of passive income, Treasury avoid taxation of offshore passive in- ‘‘ensuring that profits associated with attempted to revoke the check the box come which, under Subpart F of the the transfer and use of intangibles are option. That effort was met with such tax code, is supposed to be taxed. Both appropriately allocated in accordance opposition from industry groups, how- provisions discourage repatriation of with (rather than divorced from) value ever, that it was abandoned. In 2006, in offshore profits, discourage U.S. invest- creation.’’ The leaders went on to en- response to corporate pressure to pro- ment, and deprive the U.S. Treasury of dorse ‘‘developing transfer pricing vide a statutory basis for the check tens of billions of dollars. rules or special measures for transfer the-box rule, Congress enacted Section To better understand this Section, it of hard-to-value intangibles.’’ 954(c)(6), the so-called CFC look- may be helpful to examine some gen- Section 302 does not change U.S. through rule, which excludes certain transfer pricing rules generally. In- eral tax principles and a little bit of passive income transferred between re- stead it simply creates a backstop to history. The first principle is that, if a lated offshore entities from Subpart F ensure that a corporation cannot avoid U.S. corporation earns income from an taxation. That provision was so costly, taxes by transferring its property to an active business activity offshore, the however, that it was enacted for only a offshore subsidiary in a tax haven, and corporation generally owes no U.S. tax three-year period. After it expired in then enjoy windfall profits far in excess until the income is returned to the 2009, the provision was revived and has of the transfer price without paying United States. This principle is known been twice extended, both times on a U.S. taxes. While the new transfer pric- as deferral. It is meant to defer taxes temporary basis. It is currently in ef- ing provision would still depend upon on active businesses such as a U.S. par- fect, but will expire at the end of this strong enforcement by the IRS, it ent’s foreign subsidiary selling prod- year unless extended again. would put in place a new bright-line ucts in another country. Using the check-the-box and CFC approach that would deter some of the The deferral principle is also subject look-through rules to avoid Subpart F worst offshore transfer pricing abuses to a big exception in Subpart F of the taxation requires planning and mul- now going on. tax code. Subpart F provides that de- tiple offshore subsidiaries, which is Section 302 has been estimated by the ferral of taxes is not permitted for pas- why it benefits large multinational Joint Committee on Taxation to raise sive, inherently mobile income such as corporations, giving them an advan- $21.5 billion over ten years. interest, dividend, or royalty income. tage over their domestic competitors. SECTION 303—LIMITATIONS ON INCOME SHIFTING The reason is that passive income can One common tactic has been for a U.S. THROUGH INTANGIBLE PROPERTY TRANSFERS be earned anywhere—in the United parent corporation to establish an off- As just noted, our current tax code States or outside of it—and, if taxes shore subsidiary that earns active sales makes it far too easy for U.S. multi- are deferred on offshore passive in- income whose taxes can be deferred in- national corporations to shift intan- come, it would create an enormous indefinitely. The U.S. parent also estab- gible property to tax havens through centive for U.S. corporations to send lishes other subsidiaries in tax havens transfer pricing and other similar their funds offshore. To eliminate that and typically drains money from the schemes. In addition, as noted earlier, incentive, Subpart F makes passive in- active business by requiring it to pay tax enforcement authorities are faced come immediately taxable, even when dividends, interest on intercompany with the difficulty of valuing each the income is offshore. Subpart F’s ef- loans, royalty income, or licensing fees property involved in a questionable fort to remove the incentive to send to the tax haven subsidiaries. Then, in- transfer pricing transaction. U.S. funds offshore, however, has been stead of paying taxes on that passive Section 303 would address these prob- largely undermined by regulations, income under Subpart F, the U.S. par- lems by clarifying current law that the temporary statutory changes, and ent uses the check-the-box rule to

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.036 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6660 CONGRESSIONAL RECORD — SENATE September 19, 2013 treat its tax haven subsidiaries as ‘‘dis- sent to the United States are to be Conclusion. Offshore tax abuses eat regarded entities,’’ making them invis- treated as taxable dividends. at the fabric of society, not only by ible for U.S. tax purposes and leaving Once again, however, those simple widening deficits and robbing health only the active business whose taxes tax principles have been subverted in care, education, and other needed gov- can be deferred indefinitely. practice by complex exclusions and ernment services of resources, but also The 2012 Apple hearing held by my limitations. Section 956 of the tax code by undermining public trust—making Subcommittee provided a real life ex- is the provision that makes a loan from law-abiding taxpayers feel like they ample. That hearing disclosed that an offshore affiliate to a U.S. parent are being taken advantage of when Apple Inc., the U.S. parent, formed subject to U.S. tax. Although the law they pay their fair share. Tax law is three wholly owned subsidiaries in Ire- contains no exceptions or limits on the complicated, and where most Ameri- land, as well as subsidiaries in other loans covered, the IRS has issued regu- cans see an inscrutable maze, too many countries that actually sold Apple lations that create exceptions for cer- profitable companies and wealthy indi- products in Europe, Asia and Africa. tain types of short term loans. The IRS viduals see an opportunity to avoid Apple required the sales businesses to regulations provide, for example, that paying taxes. Our commitment to transfer most of their profits to one of offshore loans may be excluded from crack down on their tax-avoidance the Irish subsidiaries, Apple Sales taxation if they are repaid within 30 schemes must be as strong as their de- International, through licensing and days, as are all loans made over the termination to get away with ripping other fees. In three years, those busi- course of a year if they are outstanding off Uncle Sam and moving their tax nesses sent sales revenues to Apple for less than 60 days in total. In addi- burden onto the backs of the rest of Sales International totaling $74 billion. tion, the IRS permits a controlled for- American taxpayers. Apple Sales International did not keep eign corporation—a CFC—to loan off- Our nation is suffering greatly from all of those funds; it issued dividends shore funds to a related U.S. entity to the effects of sequestration, which were totaling $30 billion to another Apple escape U.S. taxation, if the loan is ini- brought on by our failure to reach an Irish subsidiary, Apple Operations tiated and concluded before the end of agreement on a balanced mix of spend- International. Under Subpart F, both the CFC’s calendar quarter. Those ing cuts and revenue increases. If we Apple Sales International and Apple loans are not subject to the 30 day are serious about finding a solution to Operations International should have limit, and don’t count against the ag- mindless sequestration cuts and our paid U.S. taxes on the passive income gregate 60 day limit for the fiscal year. nation’s repeated budget battles, we they received, but neither did. Instead, The IRS has also declared that the lim- must look at the offshore tax avoid- Apple Inc. used check-the-box to treat itations on the length of loans apply ance abuses that rob our Treasury of its Irish subsidiaries as disregarded en- separately to each CFC of a U.S. cor- the funds needed to pay our soldiers, tities for tax purposes and then de- poration. So when aggregated, all loans help the sick, research cures for dis- ferred taxes on the sales income of for all CFCs could be outstanding for eases, educate students, and invest in their active business subsidiaries, even more than 60 days in total. our future. Putting the burden of fund- though those businesses did not actu- An investigation conducted by my ing our government on the backs of ally retain most of the sales income. Subcommittee found that U.S. multi- hardworking American families and The end result was that check-the-box nationals have used the IRS’ con- domestic businesses, while letting a so- enabled Apple to circumvent Subpart voluted short term loan provisions to phisticated minority of multinational F’s immediate taxation of its offshore orchestrate a constant stream of off- corporations get away with these types passive income. shore loans from their foreign subsidi- of offshore gimmicks, is grossly unfair. The loss to the U.S. Treasury from aries without ever exceeding the 30 or We can fight back against offshore these types of offshore check-the-box 60 day limits or extending over the end tax abuses if we summon the political arrangements is enormous. Investiga- of a CFC’s quarter. Instead of ensuring will. The Stop Tax Haven Abuse Act, tions conducted by my Subcommittee that taxes are paid on offshore funds which is the product of years of work, have found, for example, that for fiscal returned to the United States, Section including hearings and reports of the years 2009, 2010 and 2011, Google used 956 has been converted by the IRS regu- Permanent Subcommittee on Inves- check-the-box to defer taxes on over lations into a mechanism used to get tigations, offers the tools needed to $24.2 billion in offshore passive income billions of dollars back into the United close the tax haven loopholes and use covered by Subpart F. Microsoft de- States tax free. the hundreds of billions of dollars ferred $21 billion in the same period. This offshore tax scheme was illus- which will come to our Treasury as Section 304 would put an end to this trated in a 2012 Subcommittee hearing part of a sensible balanced deficit re- type of tax avoidance and revitalize that showed how Hewlett-Packard has, duction substitute for the damaging Subpart F by prohibiting the applica- for years, used a short term loan pro- irrationality of sequestration. tion of the check-the-box rule to off- gram to avoid paying U.S. taxes on bil- Mr. President, I ask unanimous con- shore entities and by eliminating the lions of dollars in offshore income used sent that a summary of the bill be CFC look-through rule altogether. The to run its U.S. operations. Hewlett- printed in the RECORD. Joint Committee on Taxation has esti- Packard obtained the offshore cash by There being no objection, the mate- mated that this provision would raise directing two of its controlled foreign rial was ordered to be printed in the $78 billion over ten years. corporations in Belgium and the Cay- RECORD as follows: SECTION 305—PROHIBITION ON OFFSHORE LOAN man Islands to provide serial, alter- SUMMARY OF THE STOP TAX HAVEN ABUSE ABUSE nating loans to its U.S. operations. For ACT, SEPTEMBER 19, 2013 The final provision in the bill, Sec- a four year period, from March 2008 to The Levin-Whitehouse-Begich-Shaheen tion 305, addresses another offshore September 2012, Hewlett-Packard used Stop Tax Haven Abuse Act would: abuse uncovered by my Subcommittee: those intercompany loans to seam- TITLE I—DETERRING THE USE OF TAX HAVENS the misuse of tax provisions that allow lessly provide an average of about $3.6 FOR TAX EVASION offshore funds to be repatriated tax billion per day for use in its U.S. oper- Authorize special measures to stop off- free to the United States when pro- ations, claiming the funds were tax- shore tax abuse (§ 101) by allowing Treasury to take specified steps against foreign juris- vided as short term loans. free, short term loans of less than 30 dictions or financial institutions that im- To understand this Section, it is days duration under Section 956. pede U.S. tax enforcement, including prohib- again important to examine some gen- Section 305 would put an end to this iting U.S. banks from doing business with a eral tax principles. One of those prin- repatriation sleight of hand by elimi- designated foreign bank. ciples is that a U.S. parent corporation nating the provision allowing offshore Strengthen FATCA (§ 102) by clarifying is supposed to be taxed on any profits funds returned to the United States when, under the Foreign Account Tax Com- sent to it by an offshore subsidiary, under the guise of short term loans to pliance Act, foreign financial institutions which is often called ‘‘repatriation.’’ If escape U.S. taxation. Instead, it would and U.S. persons must report foreign financial accounts to the IRS. an offshore subsidiary loans money to reaffirm the general principle that off- Establish rebuttable presumptions to com- its U.S. parent, that is also subject to shore funds returned to the United bat offshore secrecy (§ 102) in U.S. tax and se- U.S. taxes. In both cases, the funds States are subject to U.S. taxes. curities law enforcement proceedings by

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.036 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6661 shifting to the U.S. taxpayer, who takes ad- Mr. LEVIN. I thank my good friend (F) the payment of Senate Recording and vantage of the related loopholes, the burden from Vermont. Photographic Services; or of proving: who controls an offshore entity; (G) the payment of franked and mass mail when money sent to or received from off- f costs by the Sergeant at Arms and Door- shore is taxable income; and when offshore SUBMITTED RESOLUTIONS keeper, United States Senate. accounts have sufficient funds to trigger a (b) AGENCY CONTRIBUTIONS.—There are au- reporting obligation. thorized such sums as may be necessary for Stop companies incorporated offshore but SENATE RESOLUTION 241—AU- agency contributions related to the com- managed and controlled from the United THORIZING EXPENDITURES BY pensation of employees of the committee States from claiming foreign status (§ 103) THE SPECIAL COMMITTEE ON from October, 1, 2013, through September 30, and avoiding U.S. taxes on their foreign in- AGING 2014, and October 1, 2014, through February come by treating them as U.S. domestic cor- 28, 2015, to be paid from the appropriations porations for tax purposes. Mr. NELSON submitted the following account for ‘‘Expenses of Inquiries and Inves- Strengthen detection of offshore activities resolution; from the Special Com- tigations’’ of the Senate. (§ 104) by requiring U.S. financial institutions mittee on Aging; which was referred to f that open accounts for foreign entities con- the Committee on Rules and Adminis- trolled by U.S. clients or open foreign ac- SENATE RESOLUTION 242—SUP- tration: counts in non-FATCA institutions for U.S. PORTING THE GOALS AND clients to report the accounts to the IRS. S. RES. 241 IDEALS OF ‘‘GROWTH AWARE- Close the offshore swap payments loophole Resolved, NESS WEEK’’ (§ 105) by treating swap payments that origi- SECTION 1. GENERAL AUTHORITY. nate in the United States as taxable U.S. In carrying out its powers, duties, and Mr. KIRK submitted the following source income. functions imposed by section 104 of S. Res. 4, resolution; which was referred to the TITLE II-OTHER MEASURES TO COMBAT TAX agreed to February 4, 1977 (95th Congress), Committee on the Judiciary: HAVEN ABUSES and in exercising the authority conferred on S. RES. 242 it by such section, the Special Committee on (Require annual country-by-country re- Whereas, according to the Pictures of porting (§ 201) by SEC-registered corpora- Aging (in this resolution referred to as the ‘‘committee’’) is authorized from October 1, Standard Syndromes and Undiagnosed Mal- tions to disclose their 7, employees, gross formations database (commonly known as revenues, and tax payments on a per country 2013, through September 30, 2014 and October 1, 2014, through February 28, 2015, in its dis- the ‘‘POSSUM’’ database), more than 600 se- basis. rious diseases and health conditions cause Establish a penalty on corporate insiders cretion to— growth failure; who hide offshore holdings (§ 202) with a secu- (1) make expenditures from the contingent Whereas health conditions that cause rities law fine of up to $1 million per viola- fund of the Senate; growth failure may affect the overall health tion. (2) employ personnel; and of a child; Require anti-money laundering programs (3) with the prior consent of the Govern- Whereas short stature may be a symptom (§§ 203 and § 204) for private funds and forma- ment department or agency concerned and of a serious underlying health condition; tion agents to ensure they screen high risk the Committee on Rules and Administration, Whereas growth failure in children is often clients and offshore funds. use on a reimbursable or nonreimbursable Strengthen John Doe summons (§ 205) by basis the services of personnel of any such undiagnosed; streamlining court procedures used by the department or agency. Whereas, according to the MAGIC Founda- IRS to obtain these summons, while also tion for Children’s Growth, 48 percent of SEC. 2. EXPENSES. children in the United States who were eval- strengthening court oversight. (a) PERIOD ENDING SEPTEMBER 30, 2014.— uated for the 2 most common causes of Combat hidden foreign financial accounts The expenses of the committee for the period growth failure were undiagnosed with (§ 206) by facilitating IRS use of Foreign October 1, 2013 through September 30, 2014 growth failure; Bank Account Reports and Suspicious Activ- under this resolution shall not exceed Whereas the longer a child with growth ity Reports, and simplifying penalties for un- $2,375,377, of which amount, not to exceed failure goes undiagnosed, the greater the po- reported foreign accounts. $10,000 may be expended for the training of tential for damage and higher costs of care; TITLE III—ENDING CORPORATE OFFSHORE TAX the professional staff of the committee Whereas early detection and a diagnosis of AVOIDANCE (under procedures specified by section 202(j) growth failure are crucial to ensure a of the Legislative Reorganization Act of 1946 Eliminate incentives for offshoring jobs healthy future for a child with growth fail- (2 U.S.C. 72a(j))). and operations (§ 301) by deferring corporate ure; (b) PERIOD ENDING FEBRUARY 28, 2015.—The tax deductions for expenses related to de- Whereas raising public awareness of, and expenses of the committee for the period Oc- ferred income so that, for example, a U.S. educating the public about, growth failure is tober 1, 2014 through February 28, 2015 under corporation could not take a tax deduction a vital public service; this resolution shall not exceed $989,740, of for building a plant offshore until it also de- Whereas providing resources for identifica- which amount, not to exceed $4,000 may be clared and paid taxes on income produced by tion of growth failure will allow for early de- expended for the training of the professional that plant. tection; and staff of the committee (under procedures Stop foreign tax credit manipulation (§ 301) Whereas the MAGIC Foundation for Chil- specified by section 202(j) of the Legislative by requiring foreign tax credits to be consid- dren’s Growth has designated the third week Reorganization Act of 1946 (2 U.S.C. 72a(j))). ered on a pooled basis. of September as ‘‘Growth Awareness Week’’: Limit incentives to move intellectual SEC. 3. REPORTING LEGISLATION. Now, therefore, be it property and related marketing rights off- The committee shall report its findings, Resolved, That the Senate— shore (§§ 302 and 303) by taxing excess income together with such recommendations for leg- (1) designates the third week of September earned from transferring that property off- islation as it deems advisable, to the Senate 2013 as ‘‘Growth Awareness Week’’; and shore to a related foreign entity, and by al- at the earliest practicable date, but not later (2) supports the goals and ideals of lowing the IRS to use common sense meth- than February 28, 2015. ‘‘Growth Awareness Week’’. ods to value the transferred property. SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. f Repeal check-the-box rule for foreign enti- (a) EXPENSES OF THE COMMITTEE.— ties and CFC look-through rule (§ 304) to stop (1) IN GENERAL.—Except as provided in SENATE RESOLUTION 243—AU- U.S. multinationals from disregarding their paragraph (2), expenses of the committee THORIZING EXPENDITURES BY offshore subsidiaries to avoid U.S. taxes on under this resolution shall be paid from the passive income. THE COMMITTEE ON VETERANS’ contingent fund of the Senate upon vouchers AFFAIRS Stop offshore loan abuse (§ 305) by pre- approved by the chairman of the committee. venting multinationals from artificially re- (2) VOUCHERS NOT REQUIRED.—Vouchers Mr. SANDERS submitted the fol- patriating offshore funds tax-free by treating shall not be required for— lowing resolution; from the Committee them as short-term loans from their offshore (A) the disbursement of salaries of employ- on Veterans’ Affairs; which was re- subsidiaries to their U.S. operations. ees paid at an annual rate; ferred to the Committee on Rules and The PRESIDING OFFICER. The Sen- (B) the payment of telecommunications Administration: ator from Vermont. provided by the Office of the Sergeant at Mr. LEAHY. Mr. President, I applaud Arms and Doorkeeper; S. RES. 243 the senior Senator from Michigan for (C) the payment of stationery supplies pur- Resolved, That, in carrying out its powers, his persistence on this matter. He has chased through the Keeper of the Stationery; duties, and functions under the Standing (D) payments to the Postmaster of the Rules of the Senate, in accordance with its brought the attention of the Senate to Senate; jurisdiction under Rule XXV of such rules, it time and time again, as well as that (E) the payment of metered charges on including holding hearings, reporting such of the American public. Let us hope he copying equipment provided by the Office of hearings, and making investigations as au- is listened to. He should be. the Sergeant at Arms and Doorkeeper; thorized by paragraphs 1 and 8 of Rule XXVI

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.020 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6662 CONGRESSIONAL RECORD — SENATE September 19, 2013 of the Standing Rules of the Senate, the the Committee on Rules and Adminis- SENATE RESOLUTION 245—AU- Committee on Veterans’ Affairs is author- tration: THORIZING EXPENDITURES BY ized from October 1, 2013, through September S. RES. 244 THE SELECT COMMITTEE ON IN- 30, 2014 and October 1, 2014, through February TELLIGENCE 28, 2015, in its discretion (1) to make expendi- Resolved, That, in carrying out its powers, tures from the contingent fund of the Sen- duties, and functions under the Standing Mrs. FEINSTEIN submitted the fol- ate, (2) to employ personnel, and (3) with the Rules of the Senate, in accordance with its lowing resolution; from the Select jurisdiction under rule XXV of such rules, in- prior consent of the government department Committee on Intelligence; which was or agency concerned and the Committee on cluding holding hearings, reporting such Rules and Administration, to use on a reim- hearings, and making investigations as au- referred to the Committee on Rules bursable or non-reimbursable basis the serv- thorized by paragraphs 1 and 8 of rule XXVI and Administration: of the Standing Rules of the Senate, the ices of personnel of any such department or S. RES. 245 agency. Committee on Commerce, Science, and SEC. 2(a). The expenses of the committee Transportation is authorized from October 1, Resolved, That, in carrying out its powers, for the period October 1, 2013, through Sep- 2013, through September 30, 2014, and October duties, and functions under the Standing tember 30, 2014, under this resolution shall 1, 2014, through February 28, 2015, in its dis- Rules of the Senate, in accordance with its not exceed $2,178,117, of which amount (1) not cretion (1) to make expenditures from the jurisdiction under Rule XXV of such rules, to exceed $50,000 may be expended for the contingent fund of the Senate, (2) to employ including holding hearings, reporting such procurement of the services of individual personnel, and (3) with the prior consent of hearings, and making investigations as au- consultants, or organizations thereof (as au- the Government department or agency con- thorized by paragraphs 1 and 8 of Rule XXVI thorized by section 202(i) of the Legislative cerned and the Committee on Rules and Ad- of the Standing Rules of the Senate, the Se- Reorganization Act of 1946 (2 U.S.C. 72a(i))), ministration, to use on a reimbursable or lect Committee on Intelligence is authorized and (2) not to exceed $9,500 may be expended non-reimbursable basis the services of per- from October 1, 2013, through September 30, for the training of the professional staff of sonnel of any such department or agency. 2014 and October 1, 2014, through February 28, such committee (under procedures specified SEC. 2.(a) The expenses of the Committee 2015, in its discretion (1) to make expendi- by section 202(j) of the Legislative Reorga- for the period from October 1, 2013, through tures from the contingent fund of the Sen- nization Act of 1946 (2 U.S.C. 72a(j))). September 30, 2014, under this resolution ate, (2) to employ personnel, and (3) with the (b) For the period October 1, 2014, through shall not exceed $6,583,591, of which amount prior consent of the Government department February 28, 2015, expenses of the committee (1) not to exceed $50,000 may be expended for or agency concerned and the Committee on under this resolution shall not exceed the procurement of the services of individual Rules and Administration, to use on a reim- $907,549, of which amount (1) not to exceed consultants, or organizations thereof (as au- bursable or non-reimbursable basis the serv- $21,000 may be expended for the procurement thorized by section 202(i) of the Legislative ices of personnel of any such department or of the services of individual consultants, or Reorganization Act of 1946 (2 U.S.C. 72a(i))), agency. organizations thereof (as authorized by sec- and (2) not to exceed $50,000 may be expended SEC. 2.(a) The expenses of the committee tion 202(i) of the Legislative Reorganization for the training of the professional staff of for the period from October 1, 2013, through Act of 1946 (2 U.S.C. 72a(i))), and (2) not to ex- the Committee (under procedures specified September 30, 2014, under this resolution ceed $3,500 may be expended for the training by section 202(j) of the Legislative Reorga- shall not exceed $5,516,196 of which amount of the professional staff of such committee nization Act of 1946 (2 U.S.C. 72a(j))). not to exceed $17,144 may be expended for the (under procedures specified by section 202(j) (b) For the period from October 1, 2014, procurement of the services of individual of the Legislative Reorganization Act of 1946 through February 28, 2015, expenses of the consultants, or organizations thereof (as au- (2 U.S.C. 72a(j))). Committee under this resolution shall not thorized by section 202(i) of the Legislative SEC. 3. The committee shall report its find- exceed $2,743,163, of which amount (1) not to Reorganization Act of 1946 (2 U.S.C. 72a(i))). ings, together with such recommendations exceed $50,000 may be expended for the pro- (b) For the period from October 1, 2014, for legislation as it deems advisable, to the curement of the services of individual con- through February 28, 2015, expenses for the Senate at the earliest practicable date, but sultants, or organizations thereof (as author- committee under this resolution shall not not later than February 28, 2015. ized by section 202(i) of the Legislative Reor- exceed $2,298,415, of which amount not to ex- SEC. 4. Expenses of the committee under ganization Act of 1946 (2 U.S.C. 72a(i))), and ceed $7,144 may be expended for the procure- this resolution shall be paid from the contin- (2) not to exceed $50,000 may be expended for ment of the services of individual consult- gent fund of the Senate upon vouchers ap- the training of the professional staff of the ants, or organizations thereof (as authorized proved by the chairman of the committee, Committee (under procedures specified by by section 202(i) of the Legislative Reorga- except that vouchers shall not be required (1) section 202(j) of the Legislative Reorganiza- nization Act of 1946 (2 U.S.C. 72a(i))). for the disbursement of salaries of employees tion Act of 1946 (2 U.S.C. 72a(j))). SEC. 3. The committee shall report its find- paid at an annual rate, or (2) for the pay- SEC. 3. The Committee shall report its ment of telecommunications provided by the findings, together with such recommenda- ings, together with such recommendations Office of the Sergeant at Arms and Door- tions for legislation as it deems advisable, to for legislation as it deems advisable, to the keeper, United States Senate, or (3) for the the Senate at the earliest practicable date, Senate at the earliest practicable date, but payment of stationery supplies purchased but not later than February 28, 2015. not later than February 28, 2015. through the Keeper of the Stationery, United SEC. 4. Expenses of the Committee under SEC. 4. Expenses of the committee under States Senate, or (4) for payments to the this resolution shall be paid from the contin- this resolution shall be paid from the contin- Postmaster, United States Senate, or (5) for gent fund of the Senate upon vouchers ap- gent fund of the Senate upon vouchers ap- the payment of metered charges on copying proved by the chairman of the Committee, proved by the chairman of the committee, equipment provided by the Office of the Ser- except that vouchers shall not be required (1) except that vouchers shall not be required (1) geant at Arms and Doorkeeper, United for the disbursement of salaries of employees for the disbursement of salaries of employees States Senate, or (6) for the payment of Sen- paid at an annual rate, (2) for the payment of paid at an annual rate, or (2) for the pay- ate Recording and Photographic Services, or telecommunications provided by the Office ment of telecommunications provided by the (7) for payment of franked and mass mail of the Sergeant at Arms and Doorkeeper, Office of the Sergeant at Arms and Door- costs by the Sergeant at Arms and Door- United States Senate, (3) for the payment of keeper, United States Senate, or (3) for the keeper, United States Senate. stationery supplies purchased through the payment of stationery supplies purchased SEC. 5. There are authorized such sums as Keeper of the Stationery, United States Sen- through the Keeper of the Stationery, United may be necessary for agency contributions ate, (4) for payments to the Postmaster, States Senate, or (4) for payments to the related to the compensation of employees of United States Senate, (5) for the payment of Postmaster, United States Senate, or (5) for the committee from October, 1, 2013, through metered charges on copying equipment pro- the payment of metered charges on copying September 30, 2014, and October 1, 2014, vided by the Office of the Sergeant at Arms equipment provided by the Office of the Ser- through February 28, 2015, to be paid from and Doorkeeper, United States Senate, (6) geant at Arms and Doorkeeper, United the Appropriations account for ‘‘Expenses of for the payment of Senate Recording and States Senate, or (6) for the payment of Sen- Inquiries and Investigations’’. Photographic Services, or (7) for the pay- ate Recording and Photographic Services, or f ment of franked and mass mail costs by the (7) for payment of franked and mass mail Office of the Sergeant at Arms and Door- costs by the Sergeant at Arms and Door- SENATE RESOLUTION 244—AU- keeper, United States Senate. keeper, United States Senate. THORIZING EXPENDITURES BY SEC. 5. There are authorized such sums as SEC. 5. There are authorized such sums as THE COMMITTEE ON COMMERCE, may be necessary for agency contributions may be necessary for agency contributions SCIENCE, AND TRANSPORTATION related to the compensation of employees of related to the compensation of employees of the Committee from October 1, 2013, through the committee from October 1, 2013, through Mr. ROCKEFELLER submitted the September 30, 2014, and October 1, 2014, September 30, 2014, and October 1, 2014, following resolution; from the Com- through February 28, 2015, to be paid from through February 28, 2015, to be paid from mittee on Commerce, Science, and the Appropriations account for ‘‘Expenses of the Appropriations account for ‘‘Expenses of Transportation; which was referred to Inquiries and Investigations’’ of the Senate. Inquiries and Investigations’’.

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.023 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6663 SENATE RESOLUTION 246—RECOG- the United States and the share of Latino Whereas the Center for Information Tech- NIZING HISPANIC HERITAGE labor force participation is expected to grow nology Leadership has estimated that the MONTH AND CELEBRATING THE to 18.5 percent by 2020; fully realized implementation of national HERITAGE AND CULTURE OF Whereas Latinos have the highest labor standards for interoperability and the ex- force participation rate of any racial or eth- change of health information could produce LATINOS IN THE UNITED STATES nic group (66.3 percent compared to 63.2 per- significant savings in healthcare costs; AND THE IMMENSE CONTRIBU- cent overall); Whereas the use of health information TIONS OF LATINOS TO THE Whereas Hispanic Americans serve in all technology enables providers to utilize inno- UNITED STATES branches of the Armed Forces and have vative tools to provide more efficient, per- Mr. MENENDEZ (for himself, Mr. bravely fought in every war in the history of sonalized, and better coordinated care, and the United States; helps patients be more engaged in managing REID, Mr. CORNYN, Mr. BEGICH, Mr. Whereas as of July 31, 2013, 162,717 Hispanic their own treatment; BENNET, Mrs. BOXER, Mr. COONS, Mr. active duty service members served with dis- Whereas Congress has made a commitment DURBIN, Mrs. FEINSTEIN, Mrs. HAGAN, tinction in the Armed Forces of the United to realizing the benefits of health informa- Mr. HEINRICH, Mr. KAINE, Ms. MIKUL- States; tion technology, including supporting the SKI, Mr. NELSON, Mr. REED, Mr. RUBIO, Whereas as of June 30, 2013, a total of 82,343 adoption of electronic health records that Mr. SCHUMER, Ms. STABENOW, Mr. Hispanics had served in Afghanistan; will help to reduce costs and improve quality UDALL of Colorado, Mr. UDALL of New Whereas as of September 2013, 668 United while ensuring the privacy of patients; Mexico, Mr. WARNER, Mr. BROWN, Mr. States military fatalities in Iraq and Af- Whereas the adoption of electronic health MERKLEY, Mr. HELLER, Mr. CASEY, Ms. ghanistan have been Hispanic; records more than doubled for physician Whereas more than 80,000 Hispanics served practices and more than quadrupled for hos- WARREN, Mr. ENZI, Mrs. MURRAY, and in the Vietnam War, representing 5.5 percent pitals between 2008 and 2012; Mr. CARDIN) submitted the following of individuals who made the ultimate sac- Whereas it is necessary to continue im- resolution; which was considered and rifice for the United States in the conflict, proving the exchange of health information agreed to: even though Hispanics comprised only 4.5 confidently and securely between different S. RES. 246 percent of the population of the United providers, systems, and insurers—a task that Whereas from September 15, 2013 through States at the time; is foundational to transforming the October 15, 2013, the United States celebrates Whereas 140,000 Hispanic soldiers served in healthcare delivery system of the United Hispanic Heritage Month; the Korean War; States; Whereas the Census Bureau estimates the Whereas as of September 2013, there are an Whereas aligning the use of electronic Hispanic population in the United States at estimated 1,377,000 Hispanic veterans of the health records with other reporting efforts is over 53,000,000 people, making Hispanic Armed Forces of the United States; critical to improving clinical outcomes for Americans the largest racial or ethnic mi- Whereas 44 Hispanic Americans have re- patients, controlling costs, and expanding nority group in the United States overall ceived the Congressional Medal of Honor, the access to care through the use of technology; and in 21 individual States; highest award for valor in action against an and Whereas the United States Hispanic popu- enemy force that can be bestowed on an indi- Whereas, since 2006, organizations across lation is ranked 2nd worldwide, exceeding vidual serving in the Armed Forces of the the United States have united to support Na- the size of every country except Mexico; United States; tional Health Information Technology Week Whereas 8 States in the United States had Whereas Hispanic Americans are dedicated to improve public awareness of the benefits 1,000,000 or more Latino residents in 2012, public servants, holding posts at the highest of improved quality and cost efficiency of inlcuding Arizona, California, Colorado, levels of government, including 1 seat on the the healthcare system that the implementa- Florida, Illinois, New Jersey, New York, and Supreme Court, 3 seats in the Senate, 35 tion of health information technology could Texas; seats in the House of Representatives, and 1 achieve: Now, therefore, be it Whereas Latinos grew the United States seat in the Cabinet; and Resolved, That the Senate— population by 1,100,000 between July 1, 2011 Whereas Hispanic Americans harbor a deep (1) designates the week of September 16 and July 1, 2012, accounting for nearly half of commitment to family and community, an through September 20, 2013, as ‘‘National all population growth during this period; enduring work ethic, and a perseverance to Health Information Technology Week’’; Whereas the Hispanic population in the succeed and contribute to society: Now, (2) recognizes the value of information United States is projected to grow to therefore, be it technology and management systems in 128,800,000 by 2060, at which point the His- Resolved, That the Senate— transforming healthcare for the people of the panic population will comprise 31 percent of (1) recognizes the celebration of Hispanic United States; and the total United States population, which is Heritage Month from September 15, 2013 (3) calls on all interested parties to pro- nearly double the 2012 percentage; through October 15, 2013; mote the use of information technology and Whereas 1 in 4 public school students in (2) esteems the integral role of Latinos and management systems to transform the the United States is Hispanic, and the total the manifold heritage of Latinos in the econ- healthcare system of the United States. number of school-age Hispanic children in omy, culture, and identity of the United f the United States is expected to reach States; and 28,000,000 by 2050; (3) urges the people of the United States to SENATE RESOLUTION 248—DESIG- Whereas 19 percent of all college students observe Hispanic Heritage Month with appro- NATING SEPTEMBER 22, 2013, AS between the ages of 18 and 24 years old are priate programs and activities that celebrate ‘‘NATIONAL FALLS PREVENTION Hispanic, making Hispanics the largest ra- the cultural contributions of Latinos to AWARENESS DAY’’ TO RAISE cial or ethnic minority group on college American life. AWARENESS AND ENCOURAGE campuses in the United States, including f THE PREVENTION OF FALLS both 2-year community colleges and 4-year SENATE RESOLUTION 247—DESIG- AMONG OLDER ADULTS colleges and universities; Whereas a record 11,200,000 Latinos voted NATING THE WEEK OF SEP- Mr. NELSON (for himself, Ms. COL- in the 2012 presidential election, rep- TEMBER 16 THROUGH SEP- LINS, Ms. MIKULSKI, Mr. SANDERS, Mr. resenting a record 8.4 percent of the elec- TEMBER 20, 2013, AS ‘‘NATIONAL FRANKEN, Mr. COONS, Mr. MARKEY, Mr. torate in the United States; HEALTH INFORMATION TECH- KING, and Mr. CASEY) submitted the Whereas the annual purchasing power of NOLOGY WEEK’’ TO RECOGNIZE following resolution; which was consid- Hispanic Americans is an estimated THE VALUE OF HEALTH INFOR- ered and agreed to: $1,200,000,000,000 and is expected to grow to MATION TECHNOLOGY IN TRANS- S. RES. 248 $1,500,000,000,000 by 2015; FORMING AND IMPROVING THE Whereas there are approximately 3,000,000 Whereas older adults, 65 years of age and Hispanic-owned firms in the United States, HEALTHCARE SYSTEM FOR ALL older, are the fastest-growing segment of the supporting millions of employees nationwide PEOPLE IN THE UNITED STATES population in the United States, and the and contributing more than $500,000,000,000 in Ms. STABENOW (for herself and Mr. number of older adults in the United States revenue to the economy of the United THUNE) submitted the following resolu- will increase from 35,000,000 in 2000 to States; tion; which was considered and agreed 72,100,000 in 2030; Whereas Hispanic-owned businesses rep- Whereas 1 out of 3 older adults in the resent the fastest-growing segment of small to: United States falls each year; businesses in the United States, with His- S. RES. 247 Whereas falls are the leading cause of panic entrepreneurs starting businesses at Whereas health information technology death and hospital admissions for injuries more than double the national rate; has been recognized as an essential tool for among older adults; Whereas as of August 2013, nearly improving patient care, ensuring patient Whereas, in 2010, approximately 2,300,000 25,000,0000 Hispanic workers represented 16 safety, stopping duplicative tests and paper- older adults were treated in hospital emer- percent of the total civilian labor force in work, and reducing healthcare costs; gency departments for fall-related injuries,

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.024 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6664 CONGRESSIONAL RECORD — SENATE September 19, 2013 and more than 650,000 were subsequently hos- to employ personnel, and (3) with the prior including holding hearings, reporting such pitalized; consent of the Government department or hearings, and making investigations as au- Whereas, in 2010, more than 21,000 older agency concerned and the Committee on thorized by paragraphs 1 and 8 of Rule XXVI adults died from injuries related to uninten- Rules and Administration, to use on a reim- of the Standing Rules of the Senate, the tional falls; bursable or non-reimbursable basis the serv- Committee on the Budget is authorized from Whereas the total annual medical cost of ices of personnel of any such department or October 1, 2013, through September 30, 2014 fall-related injuries for older adults is esti- agency. and October 1, 2014, through February 28, mated at $30,000,000,000; SEC. 2.(a) The expenses of the committee 2015, in its discretion (1) to make expendi- Whereas the Centers for Disease Control for the period from October 1, 2013, through tures from the contingent fund of the Sen- and Prevention estimate that if the rate of September 30, 2014, under this resolution ate, (2) to employ personnel, and (3) with the increase in falls is not slowed, the total an- shall not exceed $7,993,936, of which amount prior consent of the government department nual medical cost of fall-related injuries for (1) not to exceed $30,000 may be expended for or agency concerned and the Committee on older adults will reach $59,600,000,000 by 2020; the procurement of the services of individual Rules and Administration, to use on a reim- and consultants, or organizations thereof (as au- bursable or non-reimbursable basis the serv- Whereas evidence-based programs show thorized by section 202(i) of the Legislative ices of personnel of any such department or promise in reducing falls by utilizing cost-ef- Reorganization Act of 1946 (2 U.S.C. 72a(i))), agency. fective strategies, such as comprehensive and (2) not to exceed $10,000 may be expended SEC. 2(a). The expenses of the committee clinical assessments, exercise programs to for the training of the professional staff of for the period October 1, 2013, through Sep- improve balance and health, medication such committee (under procedures specified tember 30, 2014, under this resolution shall management, vision correction, and reduc- by section 202(j) of the Legislative Reorga- not exceed $5,997,777, of which amount (1) not tion of home hazards: Now, therefore, be it nization Act of 1946 (2 U.S.C. 72a(j))). to exceed $60,000 may be expended for the Resolved, That the Senate— (b) For the period from October 1, 2014, procurement of the services of individual (1) designates September 22, 2013, as ‘‘Na- through February 28, 2015, expenses of the consultants, or organizations thereof (as au- tional Falls Prevention Awareness Day’’; committee under this resolution shall not thorized by section 202(i) of the Legislative (2) recognizes that there are proven, cost- exceed $3,330,807, of which amount (1) not to Reorganization Act of 1946 (2 U.S.C. 72a(i))), effective falls prevention programs and poli- exceed $12,500 may be expended for the pro- and (2) not to exceed $36,000 may be expended cies; curement of the services of individual con- for the training of the professional staff of (3) commends the Falls Free Coalition and sultants, or organizations thereof (as author- such committee (under procedures specified the falls prevention coalitions in 42 States ized by section 202(i) of the Legislative Reor- by section 202(j) of the Legislative Reorga- and the District of Columbia for their efforts ganization Act of 1946 (2 U.S.C. 72a(i))), and nization Act of 1946 (2 U.S.C. 72a(j))). to work together to increase education and (2) not to exceed $4,167 may be expended for (b) For the period October 1, 2014, through awareness about the prevention of falls the training of the professional staff of such February 28, 2015, expenses of the committee among older adults; committee (under procedures specified by under this resolution shall not exceed (4) encourages businesses, individuals, Fed- section 202(j) of the Legislative Reorganiza- $2,499,074, of which amount (1) not to exceed eral, State, and local governments, the pub- tion Act of 1946 (2 U.S.C. 72a(j))) . $25,000 may be expended for the procurement lic health community, and health care pro- SEC. 3. The committee shall report its find- of the services of individual consultants, or viders to work together to raise awareness of ings, together with such recommendations organizations thereof (as authorized by sec- falls in an effort to reduce the incidence of for legislation as it deems advisable, to the tion 202(i) of the Legislative Reorganization falls among older adults in the United Senate at the earliest practicable date, but Act of 1946 (2 U.S.C. 72a(i))), and (2) not to ex- States; not later than February 28, 2015. ceed $15,000 may be expended for the training (5) urges the Centers for Disease Control SEC. 4. Expenses of the committee under of the professional staff of such committee and Prevention to continue developing and this resolution shall be paid from the contin- (under procedures specified by section 202(j) evaluating interventions to prevent falls gent fund of the Senate upon vouchers ap- of the Legislative Reorganization Act of 1946 among older adults that will translate into proved by the chairman of the committee, (2 U.S.C. 72a(j))). effective community-based falls prevention except that vouchers shall not be required (1) SEC. 3. The committee shall report its find- programs; for the disbursement of salaries of employees ings, together with such recommendations (6) urges the Administration for Commu- paid at an annual rate, or (2) for the pay- for legislation as it deems advisable, to the nity Living, the Centers for Disease Control ment of telecommunications provided by the Senate at the earliest practicable date, but and Prevention, and associated partners to Office of the Sergeant at Arms and Door- not later than February 28, 2015. continue to promote evidence-based pro- keeper, United States Senate, or (3) for the SEC. 4. Expenses of the committee under grams and services in communities in the payment of stationery supplies purchased this resolution shall be paid from the contin- United States to reduce the number of older through the Keeper of the Stationery, United gent fund of the Senate upon vouchers ap- adults at risk for falls; States Senate, or (4) for payments to the proved by the chairman of the committee, (7) encourages State health departments, Postmaster, United States Senate, or (5) for except that vouchers shall not be required (1) which provide significant leadership in re- the payment of metered charges on copying for the disbursement of salaries of employees ducing injuries and injury-related health equipment provided by the Office of the Ser- paid at an annual rate, or (2) for the pay- care costs by collaborating with organiza- geant at Arms and Doorkeeper, United ment of telecommunications provided by the tions and individuals, to reduce falls among States Senate, or (6) for the payment of Sen- Office of the Sergeant at Arms and Door- older adults; and ate Recording and Photographic Services, or keeper, United States Senate, or (3) for the (8) encourages experts in the field of falls (7) for payment of franked and mass mail payment of stationery supplies purchased prevention to share their best practices so costs by the Sergeant at Arms and Door- through the Keeper of the Stationery, United that their success can be replicated by oth- keeper, United States Senate. States Senate, or (4) for payments to the ers. SEC. 5. There are authorized such sums as Postmaster, United States Senate, or (5) for may be necessary for agency contributions f the payment of metered charges on copying related to the compensation of employees of equipment provided by the Office of the Ser- SENATE RESOLUTION 249—AU- the committee from October 1, 2013, through geant at Arms and Doorkeeper, United THORIZING EXPENDITURES BY September 30, 2014, and October 1, 2014, States Senate, or (6) for the payment of Sen- THE COMMITTEE ON FINANCE through February 28, 2015, to be paid from ate Recording and Photographic Services, or the Appropriations account for ‘‘Expenses of (7) for payment of franked and mass mail Mr. BAUCUS submitted the following Inquiries and Investigations.’’ costs by the Sergeant at Arms and Door- resolution; from the Committee on Fi- f keeper, United States Senate. nance; which was referred to the Com- SEC. 5. There are authorized such sums as mittee on Rules and Administration: SENATE RESOLUTION 250—AU- may be necessary for agency contributions S. RES. 249 THORIZING EXPENDITURES BY related to the compensation of employees of THE COMMITTEE ON THE BUDG- the committee from October, 1, 2013, through Resolved, That, in carrying out its powers, duties, and functions under the Standing ET September 30, 2014, and October 1, 2014, Rules of the Senate, in accordance with its Mrs. MURRAY submitted the fol- through February 28, 2015, to be paid from jurisdiction under rule XXV of such rules, in- the Appropriations account for ‘‘Expenses of lowing resolution; from the Committee Inquiries and Investigations’’. cluding holding hearings, reporting such on the Budget; which was referred to f hearings, and making investigations as au- the Committee on Rules and Adminis- thorized by paragraphs 1 and 8 of rule XXVI tration: AMENDMENTS SUBMITTED AND of the Standing Rules of the Senate, the PROPOSED Committee on Finance is authorized from S. RES. 250 October 1, 2013, through September 30, 2014, Resolved, That, in carrying out its powers, SA 1958. Mr. MCCONNELL submitted an and October 1, 2014 through February 28, 2015, duties, and functions under the Standing amendment intended to be proposed by him in its discretion (1) to make expenditures Rules of the Senate, in accordance with its to the bill S. 1392, to promote energy savings from the contingent fund of the Senate, (2) jurisdiction under Rule XXV of such rules, in residential buildings and industry, and for

VerDate Mar 15 2010 02:55 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.024 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6665 other purposes; which was ordered to lie on dollars and lead to serious negative health or a renewed permit, the permitting author- the table. effects for the people of the United States ity— SA 1959. Mr. CRAPO (for himself and Mr. should be debated and explicitly authorized ‘‘(i) shall base the determination only on RISCH) submitted an amendment intended to by Congress, not approved by a Presidential compliance with regulations issued by the be proposed by him to the bill S. 1392, supra; memorandum or regulations; and Administrator or the permitting authority; which was ordered to lie on the table. (H) any policy adopted by Congress should and SA 1960. Mr. WYDEN submitted an amend- make United States energy as clean as prac- ‘‘(ii) shall not base the determination on ment intended to be proposed by him to the ticable, as quickly as practicable, without the extent of adherence of the applicant for bill H.R. 527, to amend the Helium Act to increasing the cost of energy for struggling the new permit or renewed permit to guid- complete the privatization of the Federal he- families, seniors, low-income households, ance. lium reserve in a competitive market fash- and small businesses. ‘‘(B) NEW PERMITS.—If the permitting au- ion that ensures stability in the helium mar- (2) PURPOSES.—The purposes of this section thority does not approve or deny an applica- kets while protecting the interests of Amer- are— tion for a new permit by the date that is 270 ican taxpayers, and for other purposes. (A) to ensure that— days after the date of receipt of the applica- SA 1961. Mr. HATCH submitted an amend- (i) a national energy tax is not imposed on tion for the new permit, the applicant may ment intended to be proposed by him to the the economy of the United States; and operate as if the application were approved bill S. 1392, to promote energy savings in res- (ii) struggling families, seniors, low-in- in accordance with Federal law for the pe- idential buildings and industry, and for other come households, and small businesses do riod of time for which a permit from the purposes; which was ordered to lie on the not experience skyrocketing electricity bills same industry would be approved. table. and joblessness; ‘‘(C) SUBSTANTIAL COMPLETENESS.—In de- SA 1962. Mr. HATCH submitted an amend- (B) to protect the people of the United termining whether an application for a new ment intended to be proposed by him to the States, particularly families, seniors, and permit or a renewed permit received under bill S. 1392, supra; which was ordered to lie children, from the serious negative health ef- this paragraph is substantially complete, the on the table. fects of joblessness; permitting authority shall use standards for SA 1963. Mr. HATCH submitted an amend- (C) to allow sufficient time for Congress to determining substantial completeness of ment intended to be proposed by him to the develop and authorize an appropriate mecha- similar permits for similar facilities sub- bill S. 1392, supra; which was ordered to lie nism to address the energy needs of the mitted in fiscal year 2007.’’. on the table. United States and the potential challenges (b) STATE PERMIT PROGRAMS.— (1) IN GENERAL.—Section 402 of the Federal f posed by severe weather; and Water Pollution Control Act (33 U.S.C. 1342) (D) to restore the legislative process and TEXT OF AMENDMENTS is amended by striking subsection (b) and in- congressional authority over the energy pol- serting the following: SA 1958. Mr. MCCONNELL submitted icy of the United States. ‘‘(b) STATE PERMIT PROGRAMS.— an amendment intended to be proposed (b) PRESIDENTIAL MEMORANDUM.—Notwith- ‘‘(1) IN GENERAL.—At any time after the standing any other provision of law, the head by him to the bill S. 1392, to promote promulgation of the guidelines required by energy savings in residential buildings of a Federal agency shall not promulgate section 304(a)(2), the Governor of each State and industry, and for other purposes; any regulation relating to power sector car- desiring to administer a permit program for which was ordered to lie on the table; bon pollution standards or any substantially discharges into navigable waters within the as follows: similar regulation on or after June 25, 2013, jurisdiction of the State may submit to the unless that regulation is explicitly author- At the end of the bill, add the following: Administrator— ized by an Act of Congress. ‘‘(A) a full and complete description of the DIVISION B—SAVING COAL JOBS TITLE II—PERMITS program the State proposes to establish and SEC. 1001. SHORT TITLE. SEC. 1201. NATIONAL POLLUTANT DISCHARGE administer under State law or under an This division may be cited as the ‘‘Saving ELIMINATION SYSTEM. interstate compact; and Coal Jobs Act of 2013’’. (a) APPLICABILITY OF GUIDANCE.—Section ‘‘(B) a statement from the attorney gen- TITLE I—PROHIBITION ON ENERGY TAX 402 of the Federal Water Pollution Control eral (or the attorney for those State water SEC. 1101. PROHIBITION ON ENERGY TAX. Act (33 U.S.C. 1342) is amended by adding at pollution control agencies that have inde- (a) FINDINGS; PURPOSES.— the end the following: pendent legal counsel), or from the chief (1) FINDINGS.—Congress finds that— ‘‘(s) APPLICABILITY OF GUIDANCE.— legal officer in the case of an interstate (A) on June 25, 2013, President Obama ‘‘(1) DEFINITIONS.—In this subsection: agency, that the laws of the State, or the issued a Presidential memorandum directing ‘‘(A) GUIDANCE.— interstate compact, as applicable, provide the Administrator of the Environmental ‘‘(i) IN GENERAL.—The term ‘guidance’ adequate authority to carry out the de- Protection Agency to issue regulations relat- means draft, interim, or final guidance scribed program. ing to power sector carbon pollution stand- issued by the Administrator. ‘‘(2) APPROVAL.—The Administrator shall ards for existing coal fired power plants; ‘‘(ii) INCLUSIONS.—The term ‘guidance’ in- approve each program for which a descrip- (B) the issuance of that memorandum cir- cludes— tion is submitted under paragraph (1) unless cumvents Congress and the will of the people ‘‘(I) the comprehensive guidance issued by the Administrator determines that adequate of the United States; the Administrator and dated April 1, 2010; authority does not exist— (C) any action to control emissions of ‘‘(II) the proposed guidance entitled ‘Draft ‘‘(A) to issue permits that— greenhouse gases from existing coal fired Guidance on Identifying Waters Protected by ‘‘(i) apply, and ensure compliance with, power plants in the United States by man- the Clean Water Act’ and dated April 28, 2011; any applicable requirements of sections 301, dating a national energy tax would devastate ‘‘(III) the final guidance proposed by the 302, 306, 307, and 403; major sectors of the economy, cost thou- Administrator and dated July 21, 2011; and ‘‘(ii) are for fixed terms not exceeding 5 sands of jobs, and increase energy costs for ‘‘(IV) any other document or paper issued years; low-income households, small businesses, by the Administrator through any process ‘‘(iii) can be terminated or modified for and seniors on fixed income; other than the notice and comment rule- cause, including— (D) joblessness increases the likelihood of making process. ‘‘(I) a violation of any condition of the per- hospital visits, illnesses, and premature ‘‘(B) NEW PERMIT.—The term ‘new permit’ mit; deaths; means a permit covering discharges from a ‘‘(II) obtaining a permit by misrepresenta- (E) according to testimony on June 15, structure— tion or failure to disclose fully all relevant 2011, before the Committee on Environment ‘‘(i) that is issued under this section by a facts; and and Public Works of the Senate by Dr. Har- permitting authority; and ‘‘(III) a change in any condition that re- vey Brenner of Johns Hopkins University, ‘‘(ii) for which an application is— quires either a temporary or permanent re- ‘‘The unemployment rate is well established ‘‘(I) pending as of the date of enactment of duction or elimination of the permitted disas a risk factor for elevated illness and mor- this subsection; or charge; and tality rates in epidemiological studies per- ‘‘(II) filed on or after the date of enactment ‘‘(iv) control the disposal of pollutants into formed since the early 1980s. In addition to of this subsection. wells; influences on mental disorder, suicide and ‘‘(C) PERMITTING AUTHORITY.—The term ‘‘(B)(i) to issue permits that apply, and en- alcohol abuse and alcoholism, unemploy- ‘permitting authority’ means— sure compliance with, all applicable requirement is also an important risk factor in car- ‘‘(i) the Administrator; or ments of section 308; or diovascular disease and overall decreases in ‘‘(ii) a State, acting pursuant to a State ‘‘(ii) to inspect, monitor, enter, and require life expectancy.’’; program that is equivalent to the program reports to at least the same extent as re- (F) according to the National Center for under this section and approved by the Ad- quired in section 308; Health Statistics, ‘‘children in poor families ministrator. ‘‘(C) to ensure that the public, and any were four times as likely to be in fair or poor ‘‘(2) PERMITS.— other State the waters of which may be af- health as children that were not poor’’; ‘‘(A) IN GENERAL.—Notwithstanding any fected, receives notice of each application for (G) any major decision that would cost the other provision of law, in making a deter- a permit and an opportunity for a public economy of the United States millions of mination whether to approve a new permit hearing before a ruling on each application;

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.027 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6666 CONGRESSIONAL RECORD — SENATE September 19, 2013 ‘‘(D) to ensure that the Administrator re- (B) Section 402(m) of the Federal Water ‘‘(I) begin the process not later than 90 ceives notice and a copy of each application Pollution Control Act (33 U.S.C. 1342(m)) is days after the date on which the Secretary for a permit; amended in the first sentence by striking receives a permit application; and ‘‘(E) to ensure that any State (other than ‘‘subsection (b)(8) of this section’’ and insert- ‘‘(II) approve or deny an application for a the permitting State), whose waters may be ing ‘‘subsection (b)(2)(H)’’. permit under this subsection not later than affected by the issuance of a permit may sub- (c) SUSPENSION OF FEDERAL PROGRAM.— the latter of— mit written recommendations to the permit- Section 402(c) of the Federal Water Pollution ‘‘(aa) if an agency carries out an environ- ting State and the Administrator with re- Control Act (33 U.S.C. 1342(c)) is amended— mental assessment that leads to a finding of spect to any permit application and, if any (1) by redesignating paragraph (4) as para- no significant impact, the date on which the part of the written recommendations are not graph (5); and finding of no significant impact is issued; or accepted by the permitting State, that the (2) by inserting after paragraph (3) the fol- ‘‘(bb) if an agency carries out an environ- permitting State will notify the affected lowing: mental assessment that leads to a record of State and the Administrator in writing of ‘‘(4) LIMITATION ON DISAPPROVAL.—Notwith- decision, 15 days after the date on which the the failure of the State to accept the rec- standing paragraphs (1) through (3), the Ad- record of decision on an environmental im- ommendations, including the reasons for not ministrator may not disapprove or withdraw pact statement is issued. accepting the recommendations; approval of a State program under sub- ‘‘(ii) PROCESSES.—Notwithstanding clause ‘‘(F) to ensure that no permit will be section (b) on the basis of the failure of the (i), regardless of whether the Secretary has issued if, in the judgment of the Secretary of following: commenced an environmental assessment or the Army (acting through the Chief of Engi- ‘‘(A) The failure of the program to incor- environmental impact statement by the date neers), after consultation with the Secretary porate or comply with guidance (as defined described in clause (i)(I), the following dead- of the department in which the Coast Guard in subsection (s)(1)). lines shall apply: is operating, anchorage and navigation of ‘‘(B) The implementation of a water qual- ‘‘(I) An environmental assessment carried any of the navigable waters would be sub- ity standard that has been adopted by the out under the National Environmental Pol- stantially impaired by the issuance of the State and approved by the Administrator icy Act of 1969 (42 U.S.C. 4321 et seq.) shall be permit; under section 303(c).’’. completed not later than 1 year after the ‘‘(G) to abate violations of the permit or (d) NOTIFICATION OF ADMINISTRATOR.—Sec- deadline for commencing the permit process the permit program, including civil and tion 402(d)(2) of the Federal Water Pollution under clause (i)(I). criminal penalties and other means of en- Control Act (33 U.S.C. 1342(d)(2)) is amend- ‘‘(II) An environmental impact statement forcement; ed— carried out under the National Environ- ‘‘(H) to ensure that any permit for a dis- (1) by striking ‘‘(2)’’ and all that follows mental Policy Act of 1969 (42 U.S.C. 4321 et charge from a publicly owned treatment through the end of the first sentence and in- seq.) shall be completed not later than 2 works includes conditions to require the serting the following: years after the deadline for commencing the identification in terms of character and vol- ‘‘(2) OBJECTION BY ADMINISTRATOR.— permit process under clause (i)(I). ume of pollutants of any significant source ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(B) FAILURE TO ACT.—If the Secretary introducing pollutants subject to (C), no permit shall issue if— fails to act by the deadline specified in pretreatment standards under section 307(b) ‘‘(i) not later than 90 days after the date on clause (i) or (ii) of subparagraph (A)— into the treatment works and a program to which the Administrator receives notifica- ‘‘(i) the application, and the permit re- ensure compliance with those pretreatment tion under subsection (b)(2)(E), the Adminis- quested in the application, shall be consid- standards by each source, in addition to ade- trator objects in writing to the issuance of ered to be approved; quate notice, which shall include informa- the permit; or ‘‘(ii) the Secretary shall issue a permit to tion on the quality and quantity of effluent ‘‘(ii) not later than 90 days after the date the applicant; and to be introduced into the treatment works on which the proposed permit of the State is ‘‘(iii) the permit shall not be subject to ju- and any anticipated impact of the change in transmitted to the Administrator, the Ad- dicial review.’’. the quantity or quality of effluent to be dis- ministrator objects in writing to the (b) STATE PERMITTING PROGRAMS.—Section charged from the publicly owned treatment issuance of the permit as being outside the 404 of the Federal Water Pollution Control works, to the permitting agency of— guidelines and requirements of this Act.’’; ‘‘(i) new introductions into the treatment (2) in the second sentence, by striking Act (33 U.S.C. 1344) is amended by striking works of pollutants from any source that ‘‘Whenever the Administrator’’ and inserting subsection (c) and inserting the following: would be a new source (as defined in section the following: ‘‘(c) AUTHORITY OF ADMINISTRATOR.— 306(a)) if the source were discharging pollut- ‘‘(B) REQUIREMENTS.—If the Adminis- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ants; trator’’; and through (4), until the Secretary has issued a ‘‘(ii) new introductions of pollutants into (3) by adding at the end the following: permit under this section, the Administrator the treatment works from a source that ‘‘(C) EXCEPTION.—The Administrator shall is authorized to prohibit the specification would be subject to section 301 if the source not object to or deny the issuance of a per- (including the withdrawal of specification) of were discharging those pollutants; or mit by a State under subsection (b) or (s) any defined area as a disposal site, and deny ‘‘(iii) a substantial change in volume or based on the following: or restrict the use of any defined area for character of pollutants being introduced into ‘‘(i) Guidance, as that term is defined in specification (including the withdrawal of the treatment works by a source introducing subsection (s)(1). specification) as a disposal site, if the Ad- pollutants into the treatment works at the ‘‘(ii) The interpretation of the Adminis- ministrator determines, after notice and op- time of issuance of the permit; and trator of a water quality standard that has portunity for public hearings, that the dis- ‘‘(I) to ensure that any industrial user of been adopted by the State and approved by charge of the materials into the area will any publicly owned treatment works will the Administrator under section 303(c).’’. have an unacceptable adverse effect on mu- comply with sections 204(b), 307, and 308. SEC. 1202. PERMITS FOR DREDGED OR FILL MA- nicipal water supplies, shellfish beds or fish- ‘‘(3) ADMINISTRATION.—Notwithstanding TERIAL. ery areas (including spawning and breeding paragraph (2), the Administrator may not (a) IN GENERAL.—Section 404 of the Federal areas), wildlife, or recreational areas. disapprove or withdraw approval of a pro- Water Pollution Control Act (33 U.S.C. 1344) ‘‘(2) CONSULTATION.—Before making a de- gram under this subsection on the basis of is amended— termination under paragraph (1), the Admin- the following: (1) by striking the section heading and all istrator shall consult with the Secretary. ‘‘(A) The failure of the program to incor- that follows through ‘‘SEC. 404. (a) The Sec- ‘‘(3) FINDINGS.—The Administrator shall porate or comply with guidance (as defined retary may issue’’ and inserting the fol- set forth in writing and make public the in subsection (s)(1)). lowing: findings of the Administrator and the rea- ‘‘(B) The implementation of a water qual- sons of the Administrator for making any ity standard that has been adopted by the ‘‘SEC. 404. PERMITS FOR DREDGED OR FILL MA- determination under this subsection. TERIAL. State and approved by the Administrator ‘‘(4) AUTHORITY OF STATE PERMITTING PRO- under section 303(c).’’. ‘‘(a) PERMITS.— GRAMS.—This subsection shall not apply to (2) CONFORMING AMENDMENTS.— ‘‘(1) IN GENERAL.—The Secretary may any permit if the State in which the dis- (A) Section 309 of the Federal Water Pollu- issue’’; and charge originates or will originate does not tion Control Act (33 U.S.C. 1319) is amend- (2) in subsection (a), by adding at the end concur with the determination of the Admin- ed— the following: istrator that the discharge will result in an (i) in subsection (c)— ‘‘(2) DEADLINE FOR APPROVAL.— unacceptable adverse effect as described in (I) in paragraph (1)(A), by striking ‘‘(A) PERMIT APPLICATIONS.— paragraph (1).’’. ‘‘402(b)(8)’’ and inserting ‘‘402(b)(2)(H)’’; and ‘‘(i) IN GENERAL.—Except as provided in (II) in paragraph (2)(A), by striking clause (ii), if an environmental assessment (c) STATE PROGRAMS.—Section 404(g)(1) of ‘‘402(b)(8)’’ and inserting ‘‘402(b)(2)(H)’’; and or environmental impact statement, as ap- the Federal Water Pollution Control Act (33 (ii) in subsection (d), in the first sentence, propriate, is required under the National En- U.S.C. 1344(g)(1)) is amended in the first sen- by striking ‘‘402(b)(8)’’ and inserting vironmental Policy Act of 1969 (42 U.S.C. 4321 tence by striking ‘‘for the discharge’’ and in- ‘‘402(b)(2)(H)’’. et seq.), the Secretary shall— serting ‘‘for all or part of the discharges’’.

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.026 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6667 SEC. 1203. IMPACTS OF ENVIRONMENTAL PRO- ministrator shall give notice of such impact with the first such submission not later than TECTION AGENCY REGULATORY AC- to the congressional delegation, Governor, 180 days after the date of publication of the TIVITY ON EMPLOYMENT AND ECO- and legislature of the State at least 45 days first identification of pollutants under sec- NOMIC ACTIVITY. before the effective date of the covered action 304(a)(2)(D), the waters identified and (a) DEFINITIONS.—In this section: tion. the loads established under subparagraphs (1) ADMINISTRATOR.—The term ‘‘Adminis- SEC. 1204. IDENTIFICATION OF WATERS PRO- (A), (B), (C), and (D) of paragraph (1). trator’’ means the Administrator of the En- TECTED BY THE CLEAN WATER ACT. vironmental Protection Agency. ‘‘(B) APPROVAL OR DISAPPROVAL BY ADMIN- (a) IN GENERAL.—The Secretary of the ISTRATOR.— (2) COVERED ACTION.—The term ‘‘covered Army and the Administrator of the Environ- action’’ means any of the following actions ‘‘(i) IN GENERAL.—Not later than 30 days mental Protection Agency may not— after the date of submission, the Adminis- taken by the Administrator under the Fed- (1) finalize, adopt, implement, administer, eral Water Pollution Control Act (33 U.S.C. trator shall approve the State identification or enforce the proposed guidance described and load or announce the disagreement of 1251 et seq.): in the notice of availability and request for the Administrator with the State identifica- (A) Issuing a regulation, policy statement, comments entitled ‘‘EPA and Army Corps of tion and load. guidance, response to a petition, or other re- Engineers Guidance Regarding Identification ‘‘(ii) APPROVAL.—If the Administrator ap- quirement. of Waters Protected by the Clean Water Act’’ proves the identification and load submitted (B) Implementing a new or substantially (EPA–HQ–OW–2011–0409) (76 Fed. Reg. 24479 by the State under this subsection, the State altered program. (May 2, 2011)); and shall incorporate the identification and load (3) MORE THAN A DE MINIMIS NEGATIVE IM- (2) use the guidance described in paragraph PACT.—The term ‘‘more than a de minimis (1), any successor document, or any substan- into the current plan of the State under sub- negative impact’’ means the following: tially similar guidance made publicly avail- section (e). (A) With respect to employment levels, a able on or after December 3, 2008, as the basis ‘‘(iii) DISAPPROVAL.—If the Administrator loss of more than 100 jobs, except that any for any decision regarding the scope of the announces the disagreement of the Adminis- offsetting job gains that result from the hy- Federal Water Pollution Control Act (33 trator with the identification and load sub- pothetical creation of new jobs through new U.S.C. 1251 et seq.) or any rulemaking. mitted by the State under this subsection. technologies or government employment (b) RULES.—The use of the guidance de- the Administrator shall submit, not later may not be used in the job loss calculation. scribed in subsection (a)(1), or any successor than 30 days after the date that the Adminis- (B) With respect to economic activity, a document or substantially similar guidance trator announces the disagreement of the decrease in economic activity of more than made publicly available on or after Decem- Administrator with the submission of the $1,000,000 over any calendar year, except that ber 3, 2008, as the basis for any rule shall be State, to the State the written recommenda- any offsetting economic activity that results grounds for vacating the rule. tion of the Administrator of those additional from the hypothetical creation of new eco- SEC. 1205. LIMITATIONS ON AUTHORITY TO MOD- waters that the Administrator identifies and nomic activity through new technologies or IFY STATE WATER QUALITY STAND- such loads for such waters as the Adminis- government employment may not be used in ARDS. trator believes are necessary to implement the economic activity calculation. (a) STATE WATER QUALITY STANDARDS.— the water quality standards applicable to the (b) ANALYSIS OF IMPACTS OF ACTIONS ON Section 303(c)(4) of the Federal Water Pollu- waters. EMPLOYMENT AND ECONOMIC ACTIVITY.— tion Control Act (33 U.S.C. 1313(c)(4)) is ‘‘(C) ACTION BY STATE.—Not later than 30 (1) ANALYSIS.—Before taking a covered ac- amended— days after receipt of the recommendation of tion, the Administrator shall analyze the im- (1) by redesignating subparagraphs (A) and the Administrator, the State shall— pact, disaggregated by State, of the covered (B) as clauses (i) and (ii), respectively, and ‘‘(i) disregard the recommendation of the action on employment levels and economic indenting appropriately; Administrator in full and incorporate its activity, including estimated job losses and (2) by striking ‘‘(4) The’’ and inserting the own identification and load into the current decreased economic activity. following: plan of the State under subsection (e); (2) ECONOMIC MODELS.— ‘‘(4) PROMULGATION OF REVISED OR NEW ‘‘(ii) accept the recommendation of the Ad- (A) IN GENERAL.—In carrying out para- STANDARDS.— ministrator in full and incorporate its iden- graph (1), the Administrator shall use the ‘‘(A) IN GENERAL.—The’’; tification and load as amended by the rec- best available economic models. (3) by striking ‘‘The Administrator shall ommendation of the Administrator into the (B) ANNUAL GAO REPORT.—Not later than promulgate’’ and inserting the following: current plan of the State under subsection December 31st of each year, the Comptroller ‘‘(B) DEADLINE.—The Administrator shall (e); or General of the United States shall submit to promulgate;’’ and ‘‘(iii) accept the recommendation of the Congress a report on the economic models (4) by adding at the end the following: Administrator in part, identifying certain used by the Administrator to carry out this ‘‘(C) STATE WATER QUALITY STANDARDS.— additional waters and certain additional subsection. Notwithstanding any other provision of this loads proposed by the Administrator to be (3) AVAILABILITY OF INFORMATION.—With re- paragraph, the Administrator may not pro- added to the State’s identification and load spect to any covered action, the Adminis- mulgate a revised or new standard for a pol- and incorporate the State’s identification trator shall— lutant in any case in which the State has and load as amended into the current plan of (A) post the analysis under paragraph (1) submitted to the Administrator and the Ad- the State under subsection (e). as a link on the main page of the public ministrator has approved a water quality ‘‘(D) NONCOMPLIANCE BY ADMINISTRATOR.— Internet Web site of the Environmental Pro- standard for that pollutant, unless the State ‘‘(i) IN GENERAL.—If the Administrator fails tection Agency; and concurs with the determination of the Ad- to approve the State identification and load (B) request that the Governor of any State ministrator that the revised or new standard or announce the disagreement of the Admin- experiencing more than a de minimis nega- is necessary to meet the requirements of this istrator with the State identification and tive impact post the analysis in the Capitol Act.’’. load within the time specified in this sub- of the State. (b) FEDERAL LICENSES AND PERMITS.—Sec- section— (c) PUBLIC HEARINGS.— tion 401(a) of the Federal Water Pollution ‘‘(I) the identification and load of the State (1) IN GENERAL.—If the Administrator con- Control Act (33 U.S.C. 1341(a)) is amended by shall be considered approved; and cludes under subsection (b)(1) that a covered adding at the end the following: ‘‘(II) the State shall incorporate the identi- action will have more than a de minimis neg- ‘‘(7) STATE OR INTERSTATE AGENCY DETER- fication and load that the State submitted ative impact on employment levels or eco- MINATION.—With respect to any discharge, if nomic activity in a State, the Administrator a State or interstate agency having jurisdic- into the current plan of the State under sub- shall hold a public hearing in each such tion over the navigable waters at the point section (e). State at least 30 days prior to the effective at which the discharge originates or will ‘‘(ii) RECOMMENDATIONS NOT SUBMITTED.—If date of the covered action. originate determines under paragraph (1) the Administrator announces the disagree- (2) TIME, LOCATION, AND SELECTION.— that the discharge will comply with the ap- ment of the Administrator with the identi- (A) IN GENERAL.—A public hearing required plicable provisions of sections 301, 302, 303, fication and load of the State but fails to under paragraph (1) shall be held at a con- 306, and 307, the Administrator may not take submit the written recommendation of the venient time and location for impacted resi- any action to supersede the determination.’’. Administrator to the State within 30 days as dents. SEC. 1206. STATE AUTHORITY TO IDENTIFY required by subparagraph (B)(iii)— (B) PRIORITY.—In selecting a location for WATERS WITHIN BOUNDARIES OF ‘‘(I) the identification and load of the State such a public hearing, the Administrator THE STATE. shall be considered approved; and shall give priority to locations in the State Section 303(d) of the Federal Water Pollu- ‘‘(II) the State shall incorporate the identi- that will experience the greatest number of tion Control Act (33 U.S.C. 1313(d)) is amend- fication and load that the State submitted job losses. ed by striking paragraph (2) and inserting into the current plan of the State under sub- (d) NOTIFICATION.—If the Administrator the following: section (e). concludes under subsection (b)(1) that a cov- ‘‘(2) STATE AUTHORITY TO IDENTIFY WATERS ‘‘(E) APPLICATION.—This section shall ered action will have more than a de mini- WITHIN BOUNDARIES OF THE STATE.— apply to any decision made by the Adminis- mis negative impact on employment levels ‘‘(A) IN GENERAL.—Each State shall submit trator under this subsection issued on or or economic activity in any State, the Ad- to the Administrator from time to time, after March 1, 2013.’’.

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.026 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6668 CONGRESSIONAL RECORD — SENATE September 19, 2013 SA 1959. Mr. CRAPO (for himself and ‘‘(B) the Cliffside Field; section 6, the Secretary shall annually pub- Mr. RISCH) submitted an amendment ‘‘(C) the Federal Helium Pipeline; and lish a standardized schedule of fees that the intended to be proposed by him to the ‘‘(D) all other infrastructure owned, leased, Secretary will charge under this section. bill S. 1392, to promote energy savings or managed under contract by the Secretary ‘‘(d) TREATMENT.—All fees received by the for the storage, transportation, withdrawal, Secretary under this section shall be cred- in residential buildings and industry, enrichment, purification, or management of ited to the Helium Production Fund estab- and for other purposes; which was or- helium. lished under section 6(e). dered to lie on the table; as follows: ‘‘(5) FEDERAL USER.—The term ‘Federal ‘‘(e) STORAGE AND DELIVERY.—In accord- At the beginning of title IV, insert the fol- user’ means a Federal agency or extramural ance with this section, the Secretary shall— lowing: holder of one or more Federal research ‘‘(1) allow any person or qualified bidder to SEC. 4ll. RESOLUTION OF CONFLICTING CLEAN grants using helium. which crude helium is sold or auctioned WATER CERTIFICATIONS. ‘‘(6) LOW-BTU GAS.—The term ‘low-Btu gas’ under section 6 to store helium in the Fed- Section 10(a) of the Federal Power Act (16 means a fuel gas with a heating value of less eral Helium Reserve; and U.S.C. 803(a)) is amended by adding at the than 250 Btu per standard cubic foot meas- ‘‘(2) establish a schedule for the transpor- end the following: ured as the higher heating value resulting tation and delivery of helium using the Fed- ‘‘(4) RESOLUTION OF CONFLICTING CLEAN from the inclusion of noncombustible gases, eral Helium System that— WATER CERTIFICATIONS.— including nitrogen, helium, argon, and car- ‘‘(A) ensures timely delivery of helium ‘‘(A) IN GENERAL.—Notwithstanding any bon dioxide. auctioned pursuant to section 6(b)(2); other provision of law, if any condition or re- ‘‘(7) PERSON.—The term ‘person’ means any ‘‘(B) ensures timely delivery of helium ac- quirement of any certification made under individual, corporation, partnership, firm, quired from the Secretary from the Federal section 401 of the Federal Water Pollution association, trust, estate, public or private Helium Reserve by means other than an auc- Control Act (33 U.S.C. 1341) for a project cov- institution, or State or political subdivision. tion under section 6(b)(2), including nonallo- ered by this Act is not agreed to by 2 or more ‘‘(8) PRIORITY PIPELINE ACCESS.—The term cated sales; and affected States, the Commission shall re- ‘priority pipeline access’ means the first pri- ‘‘(C) provides priority access to the Federal view, modify as necessary, and approve the ority of delivery of crude helium under Helium Pipeline for in-kind sales for Federal condition or requirement under paragraph (1) which the Secretary schedules and ensures users. before the condition or requirement may be- the delivery of crude helium to a helium re- ‘‘(f) NEW PIPELINE ACCESS.—The Secretary come effective and included in a new license finery through the Federal Helium System. shall consider any applications for access to for the project. ‘‘(9) QUALIFIED BIDDER.— the Federal Helium Pipeline in a manner ‘‘(B) RESOLUTION OF CONFLICTS.—Any con- ‘‘(A) IN GENERAL.—The term ‘qualified bid- consistent with the schedule for phasing out dition or requirement that is modified by the der’ means a person the Secretary deter- commercial sales and disposition of assets Commission and included in the new license mines is seeking to purchase helium for their pursuant to section 6.’’. for a project under this paragraph shall su- own use, refining, or redelivery to users. SEC. 5. SALE OF CRUDE HELIUM. persede and replace the condition or require- ‘‘(B) EXCLUSION.—The term ‘qualified bid- Section 6 of the Helium Act (50 U.S.C. 167d) ment of any certification made under section der’ does not include a person who was pre- is amended to read as follows: 401 of the Federal Water Pollution Control viously determined to be a qualified bidder if ‘‘SEC. 6. SALE OF CRUDE HELIUM. Act (33 U.S.C. 1341). the Secretary determines that the person did ‘‘(a) PHASE A: ALLOCATION TRANSITION.— ‘‘(C) ADMINISTRATION.—In reviewing condi- not meet the requirements of a qualified bid- ‘‘(1) IN GENERAL.—The Secretary shall offer tions and requirements under this para- der under this Act. crude helium for sale in such quantities, at graph, the Commission shall— ‘‘(10) QUALIFYING DOMESTIC HELIUM TRANS- such times, at not less than the minimum ‘‘(i) use and consider the best scientific in- ACTION.—The term ‘qualifying domestic he- price established under subsection (b)(7), and formation available, including site-specific lium transaction’ means any agreement en- under such terms and conditions as the Sec- and species-specific information; tered into or renegotiated agreement during retary determines necessary to carry out ‘‘(ii) consult with appropriate Federal and the preceding 1-year period in the United this subsection with minimum market dis- State resource agencies; States for the purchase or sale of at least ruption. ‘‘(iii) provide for a public hearing; and 15,000,000 standard cubic feet of crude or pure ‘‘(2) FEDERAL PURCHASES.—Federal users ‘‘(iv) consider such additional evidence in helium to which any holder of a contract may purchase refined helium with priority reaching the decision of the Commission as with the Secretary for the acceptance, stor- pipeline access under this subsection from is appropriate to secure adequate protection age, delivery, or redelivery of crude helium persons who have entered into enforceable of any affected species.’’. from the Federal Helium System is a party. contracts to purchase an equivalent quantity ‘‘(11) REFINER.—The term ‘refiner’ means a of crude helium at the in-kind price from the SA 1960. Mr. WYDEN submitted an person with the ability to take delivery of Secretary. amendment intended to be proposed by crude helium from the Federal Helium Pipe- ‘‘(3) DURATION.—This subsection applies him to the bill H.R. 527, to amend the line and refine the crude helium into pure during— helium. Helium Act to complete the privatiza- ‘‘(A) the period beginning on the date of ‘‘(12) SECRETARY.—The term ‘Secretary’ tion of the Federal helium reserve in a enactment of the Helium Stewardship Act of means the Secretary of the Interior.’’. 2013 and ending on September 30, 2014; and competitive market fashion that en- SEC. 3. AUTHORITY OF SECRETARY. ‘‘(B) any period during which the sale of sures stability in the helium markets Section 3 of the Helium Act (50 U.S.C. 167a) helium under subsection (b) is delayed or while protecting the interests of Amer- is amended by adding at the end the fol- suspended. ican taxpayers, and for other purposes; lowing: ‘‘(b) PHASE B: AUCTION IMPLEMENTATION.— ‘‘(c) EXTRACTION OF HELIUM FROM DEPOSITS as follows: ‘‘(1) IN GENERAL.—The Secretary shall offer ON FEDERAL LAND.—All amounts received by crude helium for sale in quantities not sub- Strike all after the enacting clause and in- the Secretary from the sale or disposition of sert the following: ject to auction under paragraph (2), after helium on Federal land shall be credited to completion of each auction, at not less than SECTION 1. SHORT TITLE. the Helium Production Fund established the minimum price established under para- This Act may be cited as the ‘‘Helium under section 6(e).’’. graph (7), and under such terms and condi- Stewardship Act of 2013’’. SEC. 4. STORAGE, WITHDRAWAL AND TRANSPOR- tions as the Secretary determines nec- TATION. SEC. 2. DEFINITIONS. essary— Section 2 of the Helium Act (50 U.S.C. 167) Section 5 of the Helium Act (50 U.S.C. 167c) is amended to read as follows: ‘‘(A) to maximize total recovery of helium is amended to read as follows: from the Federal Helium Reserve over the ‘‘SEC. 5. STORAGE, WITHDRAWAL AND TRANSPOR- ‘‘SEC. 2. DEFINITIONS. TATION. long term; ‘‘In this Act: ‘‘(a) IN GENERAL.—If the Secretary pro- ‘‘(B) to maximize the total financial return ‘‘(1) CLIFFSIDE FIELD.—The term ‘Cliffside vides helium storage, withdrawal, or trans- to the taxpayer; Field’ means the helium storage reservoir in portation services to any person, the Sec- ‘‘(C) to manage crude helium sales accord- which the Federal Helium Reserve is stored. retary shall impose a fee on the person that ing to the ability of the Secretary to extract ‘‘(2) FEDERAL HELIUM PIPELINE.—The term accurately reflects the economic value of and produce helium from the Federal Helium ‘Federal Helium Pipeline’ means the feder- those services. Reserve; ally owned pipeline system through which ‘‘(b) MINIMUM FEES.—The fees charged ‘‘(D) to give priority to meeting the helium the Federal Helium Reserve may be trans- under subsection (a) shall be not less than demand of Federal users in the event of any ported. the amount required to reimburse the Sec- disruption to the Federal Helium Reserve; ‘‘(3) FEDERAL HELIUM RESERVE.—The term retary for the full costs of providing storage, and ‘Federal Helium Reserve’ means helium re- withdrawal, or transportation services, in- ‘‘(E) to carry out this subsection with min- serves owned by the United States. cluding capital investments in upgrades and imum market disruption. ‘‘(4) FEDERAL HELIUM SYSTEM.—The term maintenance at the Federal Helium System. ‘‘(2) AUCTION QUANTITIES.—For the period ‘Federal Helium System’ means— ‘‘(c) SCHEDULE OF FEES.—Prior to sale or described in paragraph (4) and consistent ‘‘(A) the Federal Helium Reserve; auction under subsection (a), (b), or (c) of with the conditions described in paragraph

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.038 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6669 (8), the Secretary shall annually auction to essed by persons in qualifying domestic he- September 30, 2022, the Secretary shall des- any qualified bidder a quantity of crude helium transactions; ignate as excess property and dispose of all lium in the Federal Helium Reserve equal ‘‘(ii) the volumes and associated costs in facilities, equipment, and other real and per- to— dollars per thousand cubic feet of converting sonal property, and all interests in the same, ‘‘(A) for fiscal year 2015, 10 percent of the crude helium into pure helium; and held by the United States in the Federal He- total volume of crude helium made available ‘‘(iii) refinery capacity and future capacity lium System. for that fiscal year; estimates. ‘‘(2) APPLICABLE LAW.—The disposal of the ‘‘(B) for each of fiscal years 2016 through ‘‘(B) CONDITION.—As a condition of sale or property described in paragraph (1) shall be 2019, a percentage of the total volume of auction to a refiner under subsection (a)(1) in accordance with subtitle I of title 40, crude helium that is 15 percentage points and paragraphs (1) and (2), effective begin- United States Code. greater than the percentage made available ning 90 days after the date of enactment of ‘‘(3) PROCEEDS.—All proceeds accruing to for the previous fiscal year; and the Helium Stewardship Act of 2013, the re- the United States by reason of the sale or ‘‘(C) for fiscal year 2020 and each fiscal finer shall make excess refining capacity of other disposal of the property described in year thereafter, 100 percent of the total vol- helium available at commercially reasonable paragraph (1) shall be treated as funds re- ume of crude helium made available for that rates to— ceived under this Act for purposes of sub- fiscal year. ‘‘(i) any person prevailing in auctions section (e). under paragraph (2); and ‘‘(3) FEDERAL PURCHASES.—Federal users ‘‘(4) COSTS.—All costs associated with the may purchase refined helium with priority ‘‘(ii) any person that has acquired crude sale and disposal (including costs associated helium from the Secretary from the Federal pipeline access under this subsection from with termination of personnel) and with the Helium Reserve by means other than an auc- persons who have entered into enforceable cessation of activities under this subsection tion under paragraph (2) after the date of en- contracts to purchase an equivalent quantity shall be paid from amounts available in the actment of the Helium Stewardship Act of of crude helium at the in-kind price from the Helium Production Fund established under 2013, including nonallocated sales. Secretary. subsection (e). ‘‘(9) USE OF INFORMATION.—The Secretary ‘‘(4) DURATION.—This subsection applies ‘‘(e) HELIUM PRODUCTION FUND.— may use the information collected under this during the period— ‘‘(1) IN GENERAL.—All amounts received Act— under this Act, including amounts from the ‘‘(A) beginning on October 1, 2014; and ‘‘(A) to approximate crude helium prices; ‘‘(B) ending on the date on which the vol- sale or auction of crude helium, shall be and credited to the Helium Production Fund, ume of recoverable crude helium at the Fed- ‘‘(B) to ensure the recovery of fair value eral Helium Reserve (other than privately which shall be available without fiscal year for the taxpayers of the United States from limitation for purposes determined to be owned quantities of crude helium stored sales of crude helium. temporarily at the Federal Helium Reserve necessary and cost effective by the Secretary ‘‘(10) PROTECTION OF CONFIDENTIALITY.—The to carry out this Act (other than sections 16, under section 5 and this section) is Secretary shall adopt such administrative 17, and 18), including capital investments in 3,000,000,000 standard cubic feet. policies and procedures as the Secretary con- upgrades and maintenance at the Federal ‘‘(5) SAFETY VALVE.—The Secretary may siders necessary and reasonable to ensure Helium System, including— adjust the quantities specified in paragraph the confidentiality of information submitted ‘‘(A) well head maintenance at the Cliffside (2)— pursuant to this Act. Field; ‘‘(A) downward, if the Secretary deter- ‘‘(11) FORWARD AUCTIONS.—Effective begin- ‘‘(B) capital investments in maintenance mines the adjustment necessary— ning in fiscal year 2016, the Secretary may and upgrades of facilities that pressurize the ‘‘(i) to minimize market disruptions that conduct a forward auction once each fiscal Cliffside Field; pose a threat to the economic well-being of year of a quantity of helium that is equal to ‘‘(C) capital investments in maintenance the United States; and up to 10 percent of the volume of crude he- ‘‘(ii) only after submitting a written jus- lium to be made available at auction during and upgrades of equipment related to the tification of the adjustment to the Com- the following fiscal year if the Secretary de- storage, withdrawal, transportation, purifi- mittee on Energy and Natural Resources of termines that the forward auction will— cation, and sale of crude helium from the the Senate and the Committee on Natural ‘‘(A) not cause a disruption in the supply of Federal Helium Reserve; Resources of the House of Representatives; helium from the Reserve; ‘‘(D) entering into purchase, lease, or other or ‘‘(B) represent a cost-effective action; agreements to drill new or uncap existing ‘‘(B) upward, if the Secretary determines ‘‘(C) generate greater returns for tax- wells to maximize the recovery of crude he- the adjustment necessary to increase partici- payers; and lium from the Federal Helium System; and pation in crude helium auctions or returns ‘‘(D) increase the effectiveness of price dis- ‘‘(E) any other scheduled or unscheduled to the taxpayer. covery. maintenance of the Federal Helium System. ‘‘(2) EXCESS FUNDS.—Amounts in the He- ‘‘(6) AUCTION FORMAT.—The Secretary shall ‘‘(12) AUCTION FREQUENCY.—Consistent with conduct each auction using a method that the annual volumes established under para- lium Production Fund in excess of amounts maximizes revenue to the Federal Govern- graph (2), effective beginning in fiscal year the Secretary determines to be necessary to ment. 2016, the Secretary may conduct auctions carry out paragraph (1) shall be paid to the ‘‘(7) PRICES.—The Secretary shall annually twice during each fiscal year if the Secretary general fund of the Treasury and used to re- establish, as applicable, separate sale and determines that the auction frequency will— duce the annual Federal budget deficit. ETIREMENT OF PUBLIC DEBT.—Out of minimum auction prices under subsection ‘‘(A) not cause a disruption in the supply of ‘‘(3) R amounts paid to the general fund of the (a)(1) and paragraphs (1) and (2) using, if ap- helium from the Reserve; Treasury under paragraph (2), the Secretary plicable and in the following order of pri- ‘‘(B) represent a cost-effective action; of the Treasury shall use $51,000,000 to retire ority: ‘‘(C) generate greater returns for tax- public debt. ‘‘(A) The sale price of crude helium in auc- payers; and ‘‘(4) REPORT.—Not later than 1 year after tions held by the Secretary under paragraph ‘‘(D) increase the effectiveness of price dis- the date of enactment of the Helium Stew- (2). covery. ‘‘(B) Price recommendations and ‘‘(c) PHASE C: CONTINUED ACCESS FOR FED- ardship Act of 2013 and annually thereafter, disaggregated data from a qualified, inde- ERAL USERS.— the Secretary of the Interior shall submit to pendent third party who has no conflict of ‘‘(1) IN GENERAL.—The Secretary shall offer the Committee on Energy and Natural Re- interest, who shall conduct a confidential crude helium for sale to Federal users in sources of the Senate and the Committee on survey of qualifying domestic helium trans- such quantities, at such times, at such prices Natural Resources of the House of Rep- actions. required to reimburse the Secretary for the resentatives a report describing all expendi- ‘‘(C) The volume-weighted average price of full costs of the sales, and under such terms tures by the Bureau of Land Management to all crude helium and pure helium purchased, and conditions as the Secretary determines carry out this Act. sold, or processed by persons in all quali- necessary to carry out this subsection. ‘‘(f) MINIMUM QUANTITY.—The Secretary fying domestic helium transactions. ‘‘(2) FEDERAL PURCHASES.—Federal users shall offer for sale or auction during each fis- ‘‘(D) The volume-weighted average cost of may purchase refined helium with priority cal year under subsections (a), (b), and (c) a converting gaseous crude helium into pure pipeline access under this subsection from quantity of crude helium that is the lesser helium. persons who have entered into enforceable of— ‘‘(8) TERMS AND CONDITIONS.— contracts to purchase an equivalent quantity ‘‘(1) the quantity of crude helium offered ‘‘(A) IN GENERAL.—The Secretary shall re- of crude helium at the in-kind price from the for sale by the Secretary during fiscal year quire all persons that are parties to a con- Secretary. 2012; or tract with the Secretary for the withdrawal, ‘‘(3) EFFECTIVE DATE.—This subsection ap- ‘‘(2) the maximum total production capac- acceptance, storage, transportation, deliv- plies beginning on the day after the date de- ity of the Federal Helium System.’’. ery, or redelivery of crude helium to dis- scribed in subsection (b)(4)(B). SEC. 6. INFORMATION, ASSESSMENT, RESEARCH, close, on a strictly confidential basis— ‘‘(d) PHASE D: DISPOSAL OF ASSETS.— AND STRATEGY. ‘‘(i) the volumes and associated prices in ‘‘(1) IN GENERAL.—Not earlier than 2 years The Helium Act (50 U.S.C. 167 et seq.) is dollars per thousand cubic feet of all crude after the date of commencement of Phase C amended— and pure helium purchased, sold, or proc- described in subsection (c) and not later than (1) by repealing section 15 (50 U.S.C. 167m);

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.038 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6670 CONGRESSIONAL RECORD — SENATE September 19, 2013 (2) by redesignating section 17 (50 U.S.C. Stewardship Act of 2013, the Secretary, act- Advanced Manufacturing Office of the De- 167 note) as section 20; and ing through the Director of the United partment of Energy, shall carry out a re- (3) by inserting after section 14 (50 U.S.C. States Geological Survey, shall— search program— 167l) the following: ‘‘(1) in coordination with appropriate heads ‘‘(A) to develop low-cost technologies and ‘‘SEC. 15. INFORMATION. of State geological surveys— technology systems for recycling, reprocess- ‘‘(a) TRANSPARENCY.—The Secretary, act- ‘‘(A) complete a national helium gas as- ing, and reusing helium for all medical, sci- ing through the Bureau of Land Manage- sessment that identifies and quantifies the entific, industrial, commercial, aerospace, ment, shall make available on the Internet quantity of helium, including the isotope he- and other uses of helium in the United information relating to the Federal Helium lium-3, in each reservoir, including assess- States, including Federal uses; and System that includes— ments of the constituent gases found in each ‘‘(B) to develop industrial gathering tech- ‘‘(1) continued publication of an open mar- helium resource, such as carbon dioxide, ni- nologies to capture helium from other chem- ket and in-kind price; trogen, and natural gas; and ical processing, including ammonia proc- ‘‘(2) aggregated projections of excess refin- ‘‘(B) make available the modern seismic essing. ing capacity; and geophysical log data for characterization ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) ownership of helium held in the Fed- of the Bush Dome Reservoir; There is authorized to be appropriated to eral Helium Reserve; ‘‘(2) in coordination with appropriate inter- carry out this section $3,000,000. ‘‘(4) the volume of helium delivered to per- national agencies and the global geology ‘‘SEC. 18. HELIUM-3 SEPARATION. sons through the Federal Helium Pipeline; community, complete a global helium gas ‘‘(a) INTERAGENCY COOPERATION.—The Sec- ‘‘(5) pressure constraints of the Federal He- assessment that identifies and quantifies the retary shall cooperate with the Secretary of lium Pipeline; quantity of the helium, including the isotope Energy, or a designee, on any assessment or ‘‘(6) an estimate of the projected date when helium-3, in each reservoir; research relating to the extraction and refin- 3,000,000,000 standard cubic feet of crude he- ‘‘(3) in coordination with the Secretary of ing of the isotope helium-3 from crude helium will remain in the Federal Helium Re- Energy, acting through the Administrator of lium and other potential sources, including— serve and the final phase described in section the Energy Information Administration, ‘‘(1) gas analysis; and 6(c) will begin; complete— ‘‘(2) infrastructure studies. ‘‘(A) an assessment of trends in global de- ‘‘(7) the amount of the fees charged under ‘‘(b) FEASIBILITY STUDY.—The Secretary, in section 5; mand for helium, including the isotope he- consultation with the Secretary of Energy, ‘‘(8) the scheduling of crude helium deliv- lium-3; or a designee, may carry out a study to as- eries through the Federal Helium Pipeline; ‘‘(B) a 10-year forecast of domestic demand sess the feasibility of— and for helium across all sectors, including sci- ‘‘(1) establishing a facility to separate the ‘‘(9) other factors that will increase trans- entific and medical research, commercial, isotope helium-3 from crude helium; and parency. manufacturing, space technologies, cryo- ‘‘(2) exploring other potential sources of ‘‘(b) REPORTING.—Not later than 90 days genics, and national defense; and the isotope helium-3. after the date of enactment of the Helium ‘‘(C) an inventory of medical, scientific, in- ‘‘(c) REPORT.—Not later than 1 year after Stewardship Act of 2013, to provide the mar- dustrial, commercial, and other uses of he- the date of enactment of the Helium Stew- ket with appropriate and timely information lium in the United States, including Federal ardship Act of 2013, the Secretary shall sub- affecting the helium resource, the Director uses, that identifies the nature of the helium of the Bureau of Land Management shall es- mit to the Committee on Energy and Nat- use, the amounts required, the technical and ural Resources of the Senate and the Com- tablish a timely and public reporting process commercial viability of helium recapture to provide data that affects the helium in- mittee on Natural Resources of the House of and recycling in that use, and the avail- Representatives a report that contains a de- dustry, including— ability of material substitutes wherever pos- ‘‘(1) annual maintenance schedules and scription of the results of the assessments sible; and conducted under this section. quarterly updates, that shall include— ‘‘(4) submit to the Committee on Energy ‘‘(A) the date and duration of planned shut- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— and Natural Resources of the Senate and the There is authorized to be appropriated to downs of the Federal Helium Pipeline; Committee on Natural Resources of the ‘‘(B) the nature of work to be undertaken carry out this section $1,000,000. House of Representatives a report describing ‘‘SEC. 19. FEDERAL AGENCY HELIUM ACQUISI- on the Federal Helium System, whether rou- the results of the assessments required under tine, extended, or extraordinary; TION STRATEGY. this paragraph. ‘‘In anticipation of the implementation of ‘‘(C) the anticipated impact of the work on ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— the helium supply; Phase D described in section 6(d), and not There is authorized to be appropriated to later than 2 years after the date of enact- ‘‘(D) the efforts being made to minimize carry out this section $1,000,000. any impact on the supply chain; and ment of the Helium Stewardship Act of 2013, ‘‘SEC. 17. LOW-BTU GAS SEPARATION AND HE- the Secretary (in consultation with the Sec- ‘‘(E) any concerns regarding maintenance LIUM CONSERVATION. retary of Energy, the Secretary of Defense, of the Federal Helium Pipeline, including ‘‘(a) AUTHORIZATION.—The Secretary of En- the Director of the National Science Founda- the pressure of the pipeline or deviation from ergy shall support programs of research, de- normal operation of the pipeline; velopment, commercial application, and con- tion, the Administrator of the National Aer- ‘‘(2) for each unplanned outage, a descrip- servation (including the programs described onautics and Space Administration, and the tion of— in subsection (b))— Director of the National Institutes of ‘‘(A) the beginning of the outage; ‘‘(1) to expand the domestic production of Health) shall submit to Congress a report ‘‘(B) the expected duration of the outage; low-Btu gas and helium resources; that provides for Federal users— ‘‘(C) the nature of the problem; ‘‘(2) to separate and capture helium from ‘‘(1) an assessment of the consumption of, ‘‘(D) the estimated impact on helium sup- natural gas streams; and and projected demand for, crude and refined ply; ‘‘(3) to reduce the venting of helium and helium; ‘‘(E) a plan to correct problems, including helium-bearing low-Btu gas during natural ‘‘(2) a description of a 20-year Federal an estimate of the potential timeframe for gas exploration and production. strategy for securing access to helium; correction and the likelihood of plan success ‘‘(b) PROGRAMS.— ‘‘(3) a determination of a date prior to Sep- within the timeframe; ‘‘(1) MEMBRANE TECHNOLOGY RESEARCH.— tember 30, 2022, for the implementation of ‘‘(F) efforts to minimize negative impacts The Secretary of Energy, in consultation Phase D as described in section 6(d) that on the helium supply chain; and with other appropriate agencies, shall sup- minimizes any potential supply disruptions ‘‘(G) updates on repair status and the an- port a civilian research program to develop for Federal users; ticipated online date; advanced membrane technology that is used ‘‘(4) an assessment of the effects of in- ‘‘(3) monthly summaries of meetings and in the separation of low-Btu gases, including creases in the price of refined helium and communications between the Bureau of Land technologies that remove helium and other methods and policies for mitigating any de- Management and the Cliffside Refiners Lim- constituent gases that lower the Btu content termined effects; and ited Partnership, including a list of partici- of natural gas. ‘‘(5) a description of a process for pants and an indication of any actions taken ‘‘(2) HELIUM SEPARATION TECHNOLOGY.—The prioritization of uses that accounts for di- as a result of the meetings or communica- Secretary of Energy shall support a research minished availability of helium supplies that tions; and program to develop technologies for sepa- may occur over time.’’. ‘‘(4) current predictions of the lifespan of rating, gathering, and processing helium in SEC. 7. CONFORMING AMENDMENTS. the Federal Helium System, including how low concentrations that occur naturally in (a) Section 4 of the Helium Act (50 U.S.C. much longer the crude helium supply will be geological reservoirs or formations, includ- 167b) is amended by striking ‘‘section 6(f)’’ available based on current and forecasted de- ing— each place it appears in subsections (c)(3), mand and the projected maximum produc- ‘‘(A) low-Btu gas production streams; and (c)(4), and (d)(2) and inserting ‘‘section 6(d)’’. tion capacity of the Federal Helium System ‘‘(B) technologies that minimize the at- (b) Section 8 of the Helium Act (50 U.S.C. for the following fiscal year. mospheric venting of helium gas during nat- 167f) is repealed. ‘‘SEC. 16. HELIUM GAS RESOURCE ASSESSMENT. ural gas production. SEC. 8. EXISTING AGREEMENTS. ‘‘(a) IN GENERAL.—Not later than 2 years ‘‘(3) INDUSTRIAL HELIUM PROGRAM.—The (a) IN GENERAL.—This Act and the amend- after the date of enactment of the Helium Secretary of Energy, working through the ments made by this Act shall not affect or

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.038 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 19, 2013 CONGRESSIONAL RECORD — SENATE S6671 diminish the rights and obligations of the further appropriation and to remain avail- him to the bill S. 1392, to promote en- Secretary of the Interior and private parties able until expended, to remediate, reclaim, ergy savings in residential buildings under agreements in existence on the date of and close abandoned oil and gas wells on cur- and industry, and for other purposes; rent or former National Petroleum Reserve enactment of this Act, except to the extent which was ordered to lie on the table; that the agreements are renewed or extended land.’’. after that date. (c) NATIONAL PARKS MAINTENANCE BACK- as follows: (b) DELIVERY.—No agreement described in LOG.—Section 814(g) of the Omnibus Parks At the beginning of title IV, insert the fol- subsection (a) shall affect or diminish the and Public Lands Management Act of 1996 (16 lowing: right of any party that purchases helium U.S.C. 1f) is amended by adding at the end SEC. 4ll. WEATHERIZATION ASSISTANCE PRO- after the date of enactment of this Act in ac- the following: GRAM FOR LOW-INCOME PERSONS. cordance with section 6 of the Helium Act (50 ‘‘(4) AVAILABLE FUNDS.—Out of any Section 415 of the Energy Conservation and U.S.C. 167d) (as amended by section 5) to re- amounts in the Treasury not otherwise ap- Production Act (42 U.S.C. 6865) is amended ceive delivery of the helium in accordance propriated, $50,000,000 shall be made avail- by adding at the end the following: with section 5(e)(2) of the Helium Act (50 able to the Secretary of the Interior for fis- ‘‘(f) ADMINISTRATION.— U.S.C. 167c(e)(2)) (as amended by section 4). cal year 2018, without further appropriation ‘‘(1) IN GENERAL.—A State shall use up to 8 SEC. 9. REGULATIONS. and to remain available until expended, to percent of any grant made by the Secretary The Secretary of the Interior shall promul- pay the Federal funding share of challenge under this part to track applicants for and gate such regulations as are necessary to cost-share agreements for deferred mainte- recipients of weatherization assistance under carry out this Act and the amendments nance projects and to correct deficiencies in this part to determine the impact of the as- made by this Act, including regulations nec- National Park Service infrastructure. sistance and eliminate or reduce reliance on OST-SHARE REQUIREMENT.—Not less essary to prevent unfair acts and practices. ‘‘(5) C the assistance over a period of not more than than 50 percent of the total cost of project SEC. 10. AMENDMENTS TO OTHER LAWS. 3 years. for funds made available under paragraph (4) ‘‘(2) ANNUAL STATE PLANS.—A State may (a) SECURE RURAL SCHOOLS AND COMMUNITY to pay the Federal funding share shall be de- SELF DETERMINATION PROGRAM.— submit to the Secretary for approval within rived from non-Federal sources, including in- 90 days an annual plan for the administra- (1) SECURE PAYMENTS FOR STATES AND COUN- kind contribution of goods and services fair- TIES CONTAINING FEDERAL LAND.— tion of assistance under this part in the ly valued.’’. State that includes, at the option of the (A) AVAILABILITY OF PAYMENTS.—Section (d) ABANDONED MINE RECLAMATION FUND.— 101 of the Secure Rural Schools and Commu- State— Section 411(h) of the Surface Mining Control ‘‘(A) local income eligibility standards for nity Self-Determination Act of 2000 (16 and Reclamation Act of 1977 (30 U.S.C. the assistance that are not based on the for- U.S.C. 7111) is amended by striking ‘‘2012’’ 1240a(h)) is amended by adding at the end the mula that are used to allocate assistance each place it appears and inserting ‘‘2013’’. following: under this part; and (B) ELECTIONS.—Section 102(b) of the Se- ‘‘(6) SUPPLEMENTAL FUNDING.— ‘‘(B) the establishment of revolving loan cure Rural Schools and Community Self-De- ‘‘(A) WAIVER OF LIMITATION.—Notwith- funds for multifamily affordable housing termination Act of 2000 (16 U.S.C. 7112(b)) is standing paragraph (5), the limitation on the units.’’. amended— total annual payments to a certified State or (i) in paragraph (1)(A), by striking ‘‘2012’’ Indian tribe under this subsection shall not and inserting ‘‘2013’’; and apply for fiscal year 2014. SA 1963. Mr. HATCH submitted an (ii) in paragraph (2)(B), by striking ‘‘2012’’ ‘‘(B) LIMITATION ON WAIVER.—Notwith- amendment intended to be proposed by each place it appears and inserting ‘‘2013’’. standing subparagraph (A), the total annual him to the bill S. 1392, to promote en- (C) DISTRIBUTION OF PAYMENTS TO ELIGIBLE payment to a certified State or Indian tribe ergy savings in residential buildings COUNTIES.—Section 103(d)(2) of the Secure under this subsection for fiscal year 2014 and industry, and for other purposes; Rural Schools and Community Self-Deter- shall not be more than $75,000,000. which was ordered to lie on the table; mination Act of 2000 (16 U.S.C. 7113(d)(2)) is ‘‘(C) INSUFFICIENT AMOUNTS.—If the total as follows: amended by striking ‘‘and 2012’’ and insert- annual payment to a certified State or In- On page 24, strike line 23 and insert the fol- ing ‘‘through 2013’’. dian tribe under paragraphs (1) and (2) is lim- lowing: (2) CONTINUATION OF AUTHORITY TO CONDUCT ited by subparagraph (B), the Secretary (c) ADMINISTRATION.—To promote the effi- SPECIAL PROJECTS ON FEDERAL LAND.—Title II shall— ciency and effectiveness of the programs, the of the Secure Rural Schools and Community ‘‘(i) give priority to making payments Secretary shall— Self-Determination Act of 2000 is amended— under paragraph (2); and (1) conduct or collect applicable third- (A) in section 203(a)(1) (16 U.S.C. 7123(a)(1)), ‘‘(ii) use any remaining funds to make pay- party evaluations on every federally funded by striking ‘‘2012’’ and inserting ‘‘2013’’; ments under paragraph (1).’’. (B) in section 204(e)(3)(B)(iii) (16 U.S.C. (e) SODA ASH ROYALTIES.—Notwithstanding energy worker training program established 7124(e)(3)(B)(iii)), by striking ‘‘2012’’ and in- section 24 of the Mineral Leasing Act (30 during the 7-year period ending on the date serting ‘‘2013’’; U.S.C. 262) and the terms of any lease under of enactment of this Act, including technical (C) in section 205(a)(4) (16 U.S.C. 7125(a)(4)), that Act, the royalty rate on the quantity of training, on-the-job training, and industry- by striking ‘‘2011’’ each place it appears and gross value of the output of sodium com- recognized credentialing programs; and inserting ‘‘2012’’; pounds and related products at the point of (2) publish and disseminate evidence-based (D) in section 207(a) (16 U.S.C. 7127(a)), by shipment to market from Federal land in the guidance for the programs after considering striking ‘‘2012’’ and inserting ‘‘2013’’; and 2-year period beginning on the date of enact- the third-party evaluations. (E) in section 208 (16 U.S.C. 7128)— ment of this Act shall be 4 percent. (d) AUTHORIZATION OF APPROPRIATIONS.— (i) in subsection (a), by striking ‘‘2012’’ and (f) AUTHORIZATION OFFSET.—Section 207(c) There is inserting ‘‘2013’’; and of the Energy Independence and Security Act f (ii) in subsection (b), by striking ‘‘2013’’ of 2007 (42 U.S.C. 17022(c)) is amended by in- and inserting ‘‘2014’’. serting before the period at the end the fol- AUTHORITY FOR COMMITTEES TO (3) CONTINUATION OF AUTHORITY TO RESERVE lowing: ‘‘, except that the amount authorized MEET AND USE COUNTY FUNDS.—Section 304 of the to be appropriated to carry out this section COMMITTEE ON ARMED SERVICES Secure Rural Schools and Community Self- not appropriated as of the date of enactment Determination Act of 2000 (16 U.S.C. 7144) is of the Helium Stewardship Act of 2013 shall Mr. WYDEN. Mr. President, I ask amended— be reduced by $6,000,000’’. unanimous consent that the Com- mittee on Armed Services be author- (A) in subsection (a), by striking ‘‘2012’’ SA 1961. Mr. HATCH submitted an and inserting ‘‘2013’’ ; and amendment intended to be proposed by ized to meet during the session of the (B) in subsection (b), by striking ‘‘2013’’ Senate on September 19, 2013, at 9:30 and inserting ‘‘2014’’. him to the bill S. 1392, to promote energy savings in residential buildings a.m. (4) AUTHORIZATION OF APPROPRIATIONS.— The PRESIDING OFFICER. Without Section 402 of the Secure Rural Schools and and industry, and for other purposes; Community Self-Determination Act of 2000 which was ordered to lie on the table; objection, it is so ordered. (16 U.S.C. 7152) is amended by striking ‘‘2012’’ as follows: COMMITTEE ON COMMERCE, SCIENCE, AND and inserting ‘‘2013’’. On page 24, strike lines 14 through 22 and TRANSPORTATION (b) ABANDONED WELL REMEDIATION.—Sec- insert the following: Mr. WYDEN. Mr. President, I ask tion 349 of the Energy Policy Act of 2005 (42 (b) NONDUPLICATION.—The Secretary shall unanimous consent that the Com- U.S.C. 15907) is amended by adding at the end coordinate with the Secretary of Labor and mittee on Commerce, Science, and the following: the Secretary of Education prior to issuing Transportation be authorized to meet ‘‘(i) FEDERALLY DRILLED WELLS.—Out of any funding opportunity announcements to any amounts in the Treasury not otherwise ensure that duplication does not occur. during the session of the Senate on appropriated, $46,000,000 for fiscal year 2014 September 19, 2013, at 10 a.m. in room and $4,000,000 for fiscal year 2018 shall be SA 1962. Mr. HATCH submitted an 253 of the Russell Senate Office Build- made available to the Secretary, without amendment intended to be proposed by ing.

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A19SE6.038 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6672 CONGRESSIONAL RECORD — SENATE September 19, 2013 The PRESIDING OFFICER. Without tember 24, at 11:15 a.m., the Senate pro- Senate, I ask unanimous consent that objection, it is so ordered. ceed to executive session to consider it adjourn under the previous order. COMMITTEE ON ENERGY AND NATURAL the nomination of Calendar No. 203, There being no objection, the Senate RESOURCES that there be 30 minutes for debate at 5:17 p.m., adjourned until Monday, Mr. WYDEN. Mr. President, I ask equally divided in the usual form; that September 23, 2013, at 2 p.m. unanimous consent that the Com- upon the use or yielding back of that mittee on Energy and Natural Re- time the Senate proceed to a vote with f sources be authorized to meet during no intervening action or debate on the the session of the Senate on September nomination; the motion to reconsider 19, 2013, at 9:30 a.m. in room SD–366 of be considered made and laid upon the NOMINATIONS the Dirksen Senate Office Building. table, with no intervening action or de- The PRESIDING OFFICER. Without Executive nominations received by bate; that no further motions be in the Senate: objection, it is so ordered. order; that any related statements be COMMITTEE ON FOREIGN RELATIONS printed in the RECORD; that President THE JUDICIARY Mr. WYDEN. Mr. President, I ask Obama be immediately notified of the CYNTHIA ANN BASHANT, OF CALIFORNIA, TO BE unanimous consent that the Com- Senate’s action and the Senate then re- UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF CALIFORNIA, VICE IRMA E. GONZALEZ, RE- mittee on Foreign Relations be author- sume legislative session. TIRED. ized to meet during the session of the The PRESIDING OFFICER. Without STANLEY ALLEN BASTIAN, OF WASHINGTON, TO BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN Senate on September 19, 2013, at 10 a.m. objection, it is so ordered. DISTRICT OF WASHINGTON, VICE EDWARD F. SHEA, RE- The PRESIDING OFFICER. Without TIRED. f DIANE J. HUMETEWA, OF ARIZONA, TO BE UNITED objection, it is so ordered. STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- COMMITTEE ON HEALTH, EDUCATION, LABOR, RESOLUTIONS SUBMITTED TODAY ZONA, VICE MARY H. MURGUIA, ELEVATED. AND PENSIONS Mr. REID. Mr. President, I ask unan- JON DAVID LEVY, OF MAINE, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF MAINE, VICE Mr. WYDEN. Mr. President, I ask imous consent that the Senate proceed GEORGE Z. SINGAL, RETIRED. unanimous consent that the Com- to the consideration en bloc of the fol- STEVEN PAUL LOGAN, OF ARIZONA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- mittee on Health, Education, Labor, lowing resolutions, which were sub- ZONA, VICE JAMES A. TEILBORG, RETIRED. and Pensions be authorized to meet, mitted earlier today: S. Res. 246, S. DOUGLAS L. RAYES, OF ARIZONA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- during the session of the Senate, to Res. 247, and S. Res. 248. ZONA, VICE FREDERICK J. MARTONE, RETIRED. conduct a hearing entitled ‘‘The Triad: There being no objection, the Senate MANISH S. SHAH, OF ILLINOIS, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLI- Promoting a System of Shared Respon- proceeded to consider the resolutions NOIS, VICE JOAN HUMPHREY LEFKOW, RETIRED. sibility. Issues for Reauthorization of en bloc. JOHN JOSEPH TUCHI, OF ARIZONA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- the Higher Education Act’’ on Sep- Mr. REID. Mr. President, I ask unan- ZONA, VICE ROSLYN MOORE–SILVER, RETIRED. tember 19, 2013, at 10 a.m. in room 430 imous consent that the resolutions be of the Dirksen Senate Office Building. agreed to, the preambles be agreed to, IN THE COAST GUARD The PRESIDING OFFICER. Without and the motions to reconsider be laid THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES COAST GUARD RESERVE TO THE objection, it is so ordered. on the table en bloc, with no inter- GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION COMMITTEE ON HOMELAND SECURITY AND vening action or debate. 12203A: GOVERNMENTAL AFFAIRS The PRESIDING OFFICER. Without To be rear admiral (lower half) Mr. WYDEN. Mr. President, I ask objection, it is so ordered. unanimous consent that the Com- The resolutions were agreed to. CAPT. FRANCIS S. PELKOWSKI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT mittee on Homeland Security and Gov- The preambles were agreed to. IN THE UNITED STATES COAST GUARD TO THE GRADE IN- ernmental Affairs be authorized to (The resolutions, with their pre- DICATED UNDER TITLE 14, U.S.C, SECTION 271(E): meet during the session of the Senate ambles, are printed in today’s RECORD To be rear admiral (lh) on September 19, 2013, at 10 a.m. to under ‘‘Submitted Resolutions.’’) CAPT. MEREDITH L. AUSTIN conduct a hearing entitled ‘‘Outside f CAPT. PETER W. GAUTIER the Box: Reforming and Renewing the CAPT. MICHAEL J. HAYCOCK ORDERS FOR MONDAY, CAPT. JAMES M. HEINZ Postal Service, Part I—Maintaining SEPTEMBER 23, 2013 CAPT. KEVIN E. LUNDAY Services, Reducing Costs and Increas- CAPT. TODD A. SOKALZUK ing Revenue Through Innovation and Mr. REID. Mr. President, I ask unan- CAPT. PAUL F. THOMAS Modernization.’’ imous consent that when the Senate IN THE AIR FORCE The PRESIDING OFFICER. Without completes its business today, it ad- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. journ until 2 p.m. on Monday, Sep- IN THE GRADE INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 AND 716: COMMITTEE ON THE JUDICIARY tember 23, 2013; that following the Mr. WYDEN. Mr. President, I ask prayer and pledge, the morning hour be To be major unanimous consent that the Com- deemed expired, the Journal of pro- GREGORY L. KOONTZ mittee on the Judiciary be authorized ceedings be approved to date, and the THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- to meet during the session of the Sen- time for the two leaders be reserved for MENT TO THE GRADE INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: ate, on September 19, 2013, at 10 a.m. in their use later in the day; that fol- SD–226 of the Dirksen Senate Office lowing any leader remarks, the Senate To be lieutenant colonel Building, to conduct an executive busi- be in a period of morning business until NGA T. DO ness meeting. 4 p.m. with Senators permitted to IN THE ARMY The PRESIDING OFFICER. Without speak for up to 10 minutes each. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. The PRESIDING OFFICER. Without TO THE GRADE INDICATED IN THE UNITED STATES ARMY SELECT COMMITTEE ON INTELLIGENCE objection, it is so ordered. UNDER TITLE 10, U.S.C., SECTION 624: Mr. WYDEN. Mr. President, I ask f To be major unanimous consent that the Select Committee on Intelligence be author- PROGRAM PAUL A. THOMAS ized to meet during the session of the Mr. REID. Mr. President, there will IN THE NAVY Senate on September 19, 2013, at 2:30 be no rollcall votes on Monday. The THE FOLLOWING NAMED OFFICER FOR APPOINTMENT p.m. next rollcall vote will be Tuesday at IN THE GRADE INDICATED IN THE REGULAR NAVY The PRESIDING OFFICER. Without approximately 11:45 a.m. on confirma- UNDER TITLE 10, U.S.C., SECTION 531: objection, it is so ordered. tion of the Hughes nomination. To be lieutenant commander f f JUSTIN R. HODGES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNANIMOUS CONSENT AGREE- ADJOURNMENT UNTIL MONDAY, TO THE GRADE INDICATED IN THE UNITED STATES NAVY MENT—EXECUTIVE CALENDAR SEPTEMBER 23, 2013, AT 2 P.M. UNDER TITLE 10, U.S.C., SECTION 624: Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, if there is To be captain imous consent that on Tuesday, Sep- no further business to come before the GEORGE P. BYRUM

VerDate Mar 15 2010 01:53 Sep 20, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 9801 E:\CR\FM\A19SE6.039 S19SEPT1 jbell on DSK7SPTVN1PROD with SENATE