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

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

Vol. 160 WASHINGTON, MONDAY, MARCH 31, 2014 No. 51 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, April 1, 2014, at 12 p.m. Senate MONDAY, MARCH 31, 2014

The Senate met at 2 p.m. and was U.S. SENATE, 3979, the legislative vehicle for the un- called to order by the Honorable CHRIS- PRESIDENT PRO TEMPORE, employment insurance bill. Washington, DC, March 31, 2014. TOPHER MURPHY, a Senator from the f State of Connecticut. To the Senate: Under the provisions of rule I, paragraph 3, HEALTH CARE of the Standing Rules of the Senate, I hereby PRAYER Mr. REID. Mr. President, I wish a appoint the Honorable CHRISTOPHER MURPHY, The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Connecticut, to happy baseball opening day to every- fered the following prayer: perform the duties of the Chair. one. Actually, it started last night, not Eternal God, You have withheld PATRICK J. LEAHY, today, but it sounds better to do it dur- nothing we need. Today, continue to President pro tempore. ing the daytime. meet the needs of our lawmakers. Give Mr. MURPHY thereupon assumed the Although it is opening day for Major them so much more than they expect Chair as Acting President pro tempore. League Baseball, it also happens to be the last day for Americans to sign up or merit that they will sing praises for f Your goodness. In these days of chal- for ObamaCare, the Affordable Care lenges and opportunities, empower RECOGNITION OF THE MAJORITY Act. To date there are over 10 million them with faith, courage, and goodwill LEADER newly-insured Americans benefiting to make the world a better place. Lord, The ACTING PRESIDENT pro tem- from the health care law now in effect, use them as Your servants to bring pore. The majority leader is recog- and there are millions more who have healing to our Nation and world. nized. changed their insurance because of this Today, we also pray for the ill, the be- f legislation. So it is clear Americans reaved, the infirm, the discouraged, the are signing up for this quality health lonely and the homeless. SCHEDULE care in record numbers—and that is an We pray in Your merciful Name. Mr. REID. Mr. President, following understatement. Amen. my remarks and those of the Repub- I also am very happy we have been f lican leader, we will proceed to H.R. able to come to an agreement on the PLEDGE OF ALLEGIANCE 4302, Protecting Access to Medicare Medicare physician payment system. It Act of 2014, with the time until 5 p.m. is a 12-month fix. We need to take ac- The Presiding Officer led the Pledge equally divided and controlled between tion on this to ensure that Medicare of Allegiance, as follows: the two leaders or their designees. patients will be able to see their doc- I pledge allegiance to the Flag of the At 5 p.m. the Senate will proceed to tors. But the fact remains this legisla- United States of America, and to the Repub- lic for which it stands, one nation under God, executive session to consider the nomi- tion is not perfect. It is not ideal. I indivisible, with liberty and justice for all. nation of John Owens to be U.S. circuit wish we could have followed the chair- f judge for the Ninth Circuit, man of the Finance Committee, Sen- postcloture. ator WYDEN, who came in kind of late. APPOINTMENT OF ACTING At 5:30 p.m. there could be up to four Most of the work was done by Ambas- PRESIDENT PRO TEMPORE rollcall votes: First, on confirmation of sador Baucus before he came in. But he The PRESIDING OFFICER. The the Owens nomination; then, if a Budg- worked really hard, and he wants to clerk will please read a communication et Act point of order is raised on the pay for it in a way I think is appro- to the Senate from the President pro SGR bill, there will be a vote on the priate—to use the unspent money we tempore (Mr. LEAHY). motion to waive the point of order; have from the wars in Iraq and Afghan- The legislative clerk read the fol- then passage of the SGR bill; and fi- istan, called OCO, the Overseas Contin- lowing letter: nally, on the motion to proceed to H.R. gency Operations fund. But at this

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

S1839

VerDate Mar 15 2010 00:26 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.000 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1840 CONGRESSIONAL RECORD — SENATE March 31, 2014 stage it doesn’t appear it is now going perience in other fields. I cannot continue to The ACTING PRESIDENT pro tem- to happen. help him. I lost my husband last July and pore. Under the previous order the time This legislation wasn’t some last- lost his Social Security. I only have mine until 5 p.m. will be equally divided and minute deal. Senator Baucus worked now. Please do what you can to help those controlled between the two leaders or who are in this position. on this for months, and it is the basis their designees. for what we are going to do here today. So imagine an elderly woman, a Mr. REID. Mr. President, I suggest There were tough negotiations. Unfor- widow, so desperate to assist her mid- the absence of a quorum. tunately, the parties could not come to dle-aged son that she is using her mea- The ACTING PRESIDENT pro tem- an agreement on what a permanent fix ger Social Security check to help him pore. The clerk will call the roll. should be. I said that I believe a perma- get by. Now her own financial situation The legislative clerk proceeded to nent fix should be what Chairman is in jeopardy. call the roll. Jane and her son have already seen WYDEN suggested and continues to sug- Mr. REID. Mr. President, I ask unan- gest. what happens when much-needed un- imous consent that the order for the But House Republicans, though, employment benefits don’t get ex- quorum call be rescinded. chose to pass a partisan bill and intended. For Nevadans struggling to pay The ACTING PRESIDENT pro tem- crease the number of uninsured Ameri- their rent, to keep the lights on or to pore. Without objection, it is so or- cans and raised the cost of premiums. I feed the kids, they have waited long dered. believe we should repeal the defective enough. But we know why Republicans Mr. REID. I would now suggest the payment system without increasing prefer to wait. For many of my col- absence of a quorum and have the time costs and without limiting access to leagues across the aisle, waiting means divided equally between both sides. quality health care. We need to restore doing nothing. So the fact is the major- The ACTING PRESIDENT pro tem- sanity to the Medicare payment sys- ity of Republicans here in Congress are pore. Without objection, it is so or- tem without cutting benefits to seniors simply opposed to helping the long- dered. and without shifting the financial bur- term unemployed. Most won’t say so, The clerk will call the roll. den to hospital and other providers. We but that is the truth. The legislative clerk proceeded to have done enough of that already. But One GOP Congressman from Cali- call the roll. right now we don’t have the votes to do fornia even said that an extension of Mr. CORNYN. Mr. President, I ask what would be the better thing to do. unemployment benefits ‘‘will encour- unanimous consent that the order for So for millions of elderly Americans age unemployment.’’ That is a tough the quorum call be rescinded. and their doctors, this fix is good news. one to follow. This elected Congress- The ACTING PRESIDENT pro tem- It means the promise of accessible, man believes that the half million peo- pore. Without objection, it is so or- quality health care to our Nation’s sen- ple in the State of California who had dered. iors is being honored again—this time their unemployment benefits termi- THE ECONOMY for another year. So while I am pleased nated actually prefer to be jobless. I Mr. CORNYN. Mr. President, Amer- with this temporary patch, I hope it is don’t think so. ica’s top priority is the same today as our last patch. Here in the Senate last Thursday it was last year, the year before that, In the meantime, I extend my appre- only 10 out of 45 Republicans voted to and the year before that: unemploy- ciation to Senator WYDEN, the chair- help Democrats break the 3-month fili- ment, jobs, and how to get this econ- man of the Finance Committee, for his buster. In fact, the GOP Senators from omy growing again. work to bring stability to the Medicare the State with the third-highest popu- Of course, these are concerns which payment system. From the moment he lation of eligible long-term unem- transcend any kind of partisan affili- assumed the gavel to become chairman ployed—Texas—both voted to block an ation. They transcend geographic and of that committee, he hit the ground extension of benefits. It is as if they demographic boundaries. They are running on this issue, as well as re- simply don’t care that some of their shared, of course, by Republicans, forming the entire Tax Code. As we own constituents are teetering on the Democrats, Independents—everyone— speak he is also doing some good work verge of indigence. people from all parts of our country. on the so-called tax extenders. It is my Notwithstanding this opposition to But the sad fact is it has been almost understanding he is meeting with his extending unemployment benefits, I 5 years since America’s official eco- committee members today. am confident we will pass this bipar- nomic recovery began and still too tisan legislation in the Senate this UNEMPLOYMENT EXTENSION many people who want to work can’t week here. Then, hopefully, the Repub- After confirming this long-awaited find a job. There are still 3.8 million licans in the House will have soft judge for the Ninth Circuit and approv- people who have been unemployed for hearts and strong minds and allow this ing a patch for the Medicare payment more than 6 months, and the labor to pass over there. It is in their hands. program, the Senate will turn to a long force participation rate remains stuck We hope they will be considerate to overdue extension of benefits for the at 63 percent. Of course, those are the the roughly 2.8 million long-term un- long-term unemployed. This is a mat- people who don’t even show up on the employed across the country. Perhaps ter of really significant importance to unemployment statistics because they then these struggling Americans will millions of Americans. We have waited have given up looking for work. This is finally get the relief they deserve. 3 months since Republicans first fili- what we talk about when we are talk- bustered a bill to restore emergency f ing about the labor participation rate— benefits. More importantly, unem- RESERVATION OF LEADER TIME the lowest number since 30 years ago. Since the current President took of- ployed Americans have waited even The ACTING PRESIDENT pro tem- fice, the average amount of time the longer. Since that filibuster, nearly 1 pore. Under the previous order, the unemployed have been without a job million more Americans have lost their leadership time is reserved. benefits. That is 300,000 people a month has almost doubled, from less than 20 f who have been thrust into poverty not weeks to more than 37 weeks. This is a knowing how they will pay their bills. PROTECTING ACCESS TO shocking statistic. I received a letter recently from a MEDICARE ACT OF 2014 So since President Obama has been in Nevadan named Jane who pleaded for The ACTING PRESIDENT pro tem- office, the average time people have Congress to extend benefits for the pore. Under the previous order, the been unemployed—have been out of long-term unemployed. She is what we Senate will proceed to consideration of work—went from less than 20 weeks to would call an older American, an older H.R. 4302, which the clerk will report. now 37 weeks, and the number of people Nevadan. She didn’t make the plea for The legislative clerk read as follows: on food stamps has increased from 32.2 million to nearly 46.8 million people. herself. It was for her son. She said: A bill (H.R. 4302) to amend the Social Secu- Please do all in your power to get this rity Act to extend Medicare payments to As for median household income, it is matter resolved. . . . My son has been look- physicians and other provisions of the Medi- now more than $2,400 lower than it was ing since May of last year. He held his last care and Medicaid programs, and for other at the end of the recession in June of job for 26 years and doesn’t have a lot of ex- purposes. 2009. The President talks a lot about

VerDate Mar 15 2010 00:26 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.001 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1841 income inequality, but the problem is, in other words, people react in situs, continues to support regulations which it has gotten worse since he has been in and when the government continues to actually threaten jobs and hurt fami- office, not better. pay unemployment benefits for people lies in return for meager or non- We should be focused like a laser on who are out of work, human nature is existent benefits. things we might be able to do to set such that people are disincentivized to As I have said before, this adminis- the stage to help the economy start go back to work and look for work on tration and its policies have become growing again, because only when the occasion. nothing less than a war on the Amer- economy grows do we see the unem- We all recognize the importance of ican worker. I am not suggesting that ployment numbers go down, do we see this safety net program, and the truth is their intention, but I am suggesting the labor participation rate go up, and is under the current law 26 weeks or 6 that is the result. we see regular American families have months are available for unemploy- If there is one thing we ought to all the opportunity to provide for them- ment benefits. But under this adminis- be able to agree upon it is that work is selves and to pursue their dreams. But tration we have seen unemployment about basic human dignity. It is about right now that American dream is benefits go from 6 months to 2 years. self-worth and self-reliance; it is about somewhat cloudy. Many people feel as Two years after people have been out of giving people the opportunity to reach though it is starting to pass them by, work and those benefits lapsed, we their full potential and to support their and that is the American tragedy. So have done nothing to improve job families. When the policies of the Fed- you would think that at a time when training programs that would help eral Government actually discourage there is a bipartisan consensus we need match the skills of out-of-work Ameri- people from working, it makes it hard- to get the economy moving again, we cans to the jobs that are out there er for teenagers to learn basic social need to get people back to work so which pay good money—and I have skills and professional skills. It makes they can provide for their families, seen many of them in my State, and I it harder for college graduates to uti- that there would be bipartisan agree- am sure the Presiding Officer has as lize their education and pay off their ment here in the Senate that anybody well. We have seen a lot of good jobs go student loan debt. It makes it harder with a good idea ought to step up, offer wanting for lack of a skilled workforce for people of all backgrounds to start it, debate it, and let’s vote on it. to be able to perform those jobs. So families. It makes it harder for moth- Well, unfortunately, the majority what we ought to be doing instead of ers and fathers to gain the self-respect leader has a different point of view. He extending unemployment benefits is we that comes from providing for your is refusing to let anyone on this side of ought to be focusing on how we can own children. the aisle offer any suggestions in the train workers and provide them with It is bad enough that the President form of amendments that actually the skills they need in order to qualify and the majority leader have embraced might have a chance of improving the for those good, high-paying jobs. an agenda that is fundamentally situation for people who are out of At a time when the American people antiwork. What makes it even more work or people looking for jobs. Not are desperate for more jobs and more outrageous is that this week the ma- only is the majority leader blocking work, the majority leader is stead- jority leader will deny the opportunity votes on bills that would make it easi- fastly determined to pass legislation for anyone on this side of the aisle to er for Americans to find work, he is which would disincentivize people from offer any sort of constructive sugges- also promoting and defending policies going back and looking for work and tions about how to deal with that prob- that would actually discourage work. would in fact discourage work and dis- lem. He is refusing to allow proposals For example, both the majority leader courage job creation. That is before we that would actually encourage work and President Obama are advocating a even get to ObamaCare, a law the Con- and encourage job creation. minimum wage increase of 40 percent, gressional Budget Office has estimated Here are just a few examples of the while the Congressional Budget Office would effectively reduce the size of amendments and proposals that would has told us it could destroy up to 1 mil- America’s labor force by 2.5 million come from this side of the aisle if the lion jobs. people over the next decade. Remark- majority leader—it is his sole preroga- Now the majority leader and the ably, I guess trying to spin it any way tive—would allow those amendments President may not agree with that es- they could, the White House actually to be debated and voted on by the Sen- timate, but I will remind them of what took the position that was actually a ate: Federal Reserve Chairwoman Janet good thing because people would have Yellin said; she is President Obama’s more time off. For example, the senior Senator from own appointee as Chairman of the Fed- Perhaps we shouldn’t be surprised. Maine has a bill that would relieve the eral Reserve Board. She said she After all, this is the same administra- burden of ObamaCare on workers and wouldn’t want to argue with the Con- tion that unilaterally gutted the work businesses alike and restore the tradi- gressional Budget Office’s assessment requirements in the 1996 welfare reform tional 40-hour workweek. This has been about the number of people who would law, one of the most successful welfare one of the primary complaints of orga- be put out of work if you raised the reform laws ever passed. It is the same nized labor, some of the biggest sup- minimum wage by 40 percent. For that administration that refuses to approve porters of ObamaCare. They said that matter, the evidence suggests that any the Keystone XL Pipeline, a project in order to avoid the penalties that go increase in the minimum wage would that would directly create thousands of along with ObamaCare, many employ- destroy jobs and do very little, if any- new jobs right here in the United ers are moving people from full-time thing, to reduce poverty rates. The States, and it is the same administra- work to part-time work. The amend- best thing we could do is to get out of tion that refuses to embrace progrowth ment from the senior Senator from the way and let the economy grow tax reform. Maine, Senator COLLINS, would address again by making the environment America’s corporate tax rate is the that problem and fix it. more conducive to the people who in- highest in the world, and yet the Presi- The senior Senator from Utah, Sen- vest, take risks, and start businesses or dent said he won’t enter negotiations ator HATCH, has a bill that would abol- grow small businesses. That is the to reduce those rates, to eliminate dou- ish the job-killing tax on medical inno- thing we could do that would help peo- ble taxation so people will bring the vation. ple the most. money they earn overseas back here to The junior Senator from Missouri has But in addition to the minimum hire more Americans and to build their a bill that would exempt military vet- wage increase, the majority leader and businesses here. The President won’t erans from ObamaCare’s employer President Obama are pushing for yet do that without an agreement on this mandate. another extension of long-term unem- side of the aisle to raise taxes, to raise The junior Senator from Kentucky ployment benefits, even though Presi- revenue by $1 trillion. That is not a has a bill that would make it easier for dent Obama’s own former chief White bargain we are interested in negoti- Congress to block regulations that do House economist has said that ‘‘job ating. This is the same administration not pass a simple cost-benefit test. search is inversely related to the gen- that refuses to support energy, the en- The junior Senator from South Caro- erosity of unemployment benefits.’’ So, ergy renaissance we have seen, and lina has a bill that would modernize

VerDate Mar 15 2010 00:26 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.003 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1842 CONGRESSIONAL RECORD — SENATE March 31, 2014 workforce training and eliminate du- of something special, individuals who that government, and it is my job to support plicative government programs—some- seem to have an unlimited reservoir of it, and I will as long as I live. thing I was just talking about a mo- strength and courage, who are made of North Vietnam’s most ruthless inter- ment ago. sterner stuff. These people carry them- rogators couldn’t break the will of this The senior Senator from North Da- selves with grace and dignity even as rock-ribbed American and Alabama na- kota has a bill that would singlehand- the world’s weight rests upon their tive. edly create thousands of jobs by ap- shoulders. Jeremiah Denton was such a More than 7 long years later, on Feb- proving the Keystone XL Pipeline. man. ruary 12, 1973, Denton would be freed as If and when these bills are offered as A proud son of Mobile, AL, he at- part of ‘‘Operation Homecoming’’ fol- amendments to the pending legisla- tended local Spring Hill College and lowing the signing of the Paris Peace tion, they deserve a vote, but if the the local Catholic schools and McGill- Accords. He was the senior officer of majority leader denies them a vote, he Toolen in Mobile, and he graduated the first planeload of released POWs at is effectively denying us a chance to later from the U.S. Naval Academy, be- Clark Air Base in the Philippines. Den- expand our economy, create more jobs, coming a pilot and commander. What ton brought tears to the eyes of the en- and get people back to work. I used to happened next would etch his name tire Nation at that moment as he think this was something Republicans into the annals of American history. walked from the plane. It was reported and Democrats both agreed was a good On July 18, 1965, Denton led a squad- that he wasn’t told to make any offi- thing. I thought we all agreed that job ron of 28 jets on a bombing raid when cial remarks or make a speech, but he creation and work promotion should be he was shot down over North Vietnam. got off the plane and these were his the cornerstones of our economic agen- It was his 12th flight. Captured by the powerful words: da. With an agenda such as that, per- North Vietnamese, he would be a cap- We are honored to have had the oppor- haps we could finally have a recovery tive in prison camps for the next 7 tunity to serve our country under difficult of our economy worthy of its name. years and 7 months. During his time as circumstances. We are profoundly grateful to a prisoner of war, he endured virtually our commander-in-chief and to our nation So I hope the majority leader recon- for this day. God bless America. siders his decision to deny an oppor- constant and excruciating torture. He Millions of Americans remember that tunity for a full debate and vote on was held captive at prisons the POWs called Hanoi Hilton, the zoo, and Alca- day. these constructive suggestions. None of Denton earned the Navy Cross, the these are nongermane. All of these are traz. He endured merciless beatings as well as solitary confinement for 4 Defense Distinguished Service Medal, directly on point and would actually the Navy Distinguished Service Medal, help improve the underlying legisla- years. As a senior officer, he was a leader three Silver Stars, the Distinguished tion and actually do something about among the prisoners and rebelled Flying Cross, five Bronze Stars, two the underlying symptom that neces- against their brutal efforts to extract Air Medals, two Purple Hearts, and nu- sitates in some people’s minds this propaganda. Denton refused. Denton merous other campaign awards. He long-term extension of unemployment explained in an interview to the New rose to the rank of rear admiral and re- benefits. York Times: tired from the Navy in 1977. We are not helping people out by con- In 1980 the proud and grateful State tinuing to pay unemployment benefits I put out the policy that they were not to succumb to threats, but must stand up and of Alabama would send our native son for 2 years and then leaving them say no. We forced them to be brutal to us. to the U.S. Senate. A man of deep hanging without the skills they need in Denton wrote a memoir, ‘‘When Hell faith, Denton believed in the dignity of order to reestablish themselves in the Was in Session’’—which is a fabulous public service and the selflessness re- workforce. Unfortunately, the only book and too little appreciated, real- quired of those of us who serve. He be- conclusion I could draw is if the major- ly—recounting his time as a POW. He lieved that and he demonstrated it in ity leader is not interested in having describes a torture session in which his his life. an honest and open debate about how captors placed a 9-foot, cement-filled He fought alongside Ronald Reagan do we solve the problems, then some- bar across his shins. He wrote that his to rebuild America’s defenses and to thing else must be driving his agenda. captors ‘‘stood on it and . . . took fight the spread of communism and to I think we should get back to the day turns jumping up and down and rolling help bring about the end of the Cold when collectively we were more con- it across my legs. Then they lifted my War. He was a firm believer in peace cerned about solving problems than arms behind my back by the cuffs, rais- through strength. President Reagan trying to beat on an issue and gain po- ing the top part of my body off the recognized Senator Denton during his litical advantage, but that seems to be floor and dragging me around and 1982 State of the Union Address. Many the road we are headed down based on around. This went on for hours . . . remember this. President Reagan said: the majority leader’s decision not to They were in a frenzy alternating the We don’t have to turn to our history books allow any votes on amendments. treatment to increase the pain until I for heroes. They are all around us. One who Mr. President, I yield the floor and was unable to control myself. I began sits among you here tonight epitomizes that suggest the absence of a quorum. crying hysterically, blood and tears heroism at the end of the longest imprison- The ACTING PRESIDENT pro tem- mingling and running down my ment ever inflicted on men of our armed forces. Who will ever forget that night when pore. The clerk will call the roll. cheeks.’’ The legislative clerk proceeded to we waited for the television to bring us the In May 1966, Denton would defy and scene of that first plane landing at Clark call the roll. outsmart his Communist captors and Mr. SESSIONS. Mr. President, I ask Field in the Philippines, bringing our POWs display to the whole world the depth of home? The plane door opened and Jeremiah unanimous consent that the order for American courage and ingenuity. His Denton came slowly down the ramp. He the quorum call be rescinded. captors interrogated Denton for a prop- caught sight of our flag, saluted, and said, The ACTING PRESIDENT pro tem- aganda interview. While answering ‘‘God bless America.’’ Then he thanked us pore. Without objection, it is so or- their questions at this interview, for bringing him home. dered. filmed by a Japanese film company, So said Ronald Reagan. REMEMBERING JEREMIAH DENTON Denton was simultaneously and repeat- I had the privilege of getting to know Mr. SESSIONS. Mr. President, I rise edly blinking out a message, letter by Jeremiah Denton. He was a very spe- to mourn the passage of a friend and to letter, in Morse code. The message was cial man. His word was his bond and pay tribute to a remarkable man. Jere- ‘‘torture.’’ It was the first official mes- his loyalty was unshakeable. He was miah Denton once served his country sage informing Americans and the modest. While he was a fierce advocate as a pilot, a prisoner of war, a rear ad- world that American POWs were being for his profound beliefs, it was never miral in the Navy, and a Senator of the tortured by the North Vietnamese. about him. In fact, he was very uncom- United States. He passed away Friday During the interview, he further dis- fortable with the term ‘‘hero’’ being morning at the age of 89, having been played his unshakeable resolve by bold- applied to him. His comeback was al- active until near the end. ly declaring to his captors: ways: ‘‘We were only doing our duty.’’ From time to time men and women Whatever the position of my government They said, after his time in Com- are born into this world who are made is, I support it fully . . . I am a member of munist prison, that he was out of

VerDate Mar 15 2010 00:26 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.004 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1843 touch; he didn’t know the 1960s had oc- The entire Senate sends our prayers travel long distances to get care, and curred. Perhaps so. In fact, it was so. In to his loved ones, and we send our many would not get treatment at all. plain fact much had occurred while he promise that Jeremiah Denton will not But imagine being a rural physician was in prison and being tortured. It be forgotten. and having to determine exactly how was, among other things, a culturally Mr. President, I yield the floor. long a patient will stay as they are ad- momentous time. Many of those The ACTING PRESIDENT pro tem- mitted. What if the patient develops a changes he did not like. He said so in pore. The Senator from Montana. secondary condition such as pneu- plain language. He didn’t like the surge Mr. TESTER. Mr. President, every monia? You would have to decide of crime and drugs. He believed in loy- Senator in this body represents whether to discharge the patient, keep alty to one’s spouse. He opposed abor- smalltown America. There are small them in and risk losing reimburse- tion. He lamented the consistent weak- towns across this country, from Con- ment, or transfer them to another fa- ening of family bonds, sexual promis- necticut, to Texas, to small towns in cility at cost. cuity, the decline in decency. He cared my State of Montana. In fact, I grew Now, how is that good health care? enough to speak out and again give of up and still live outside one of those How is that fair to rural America? himself for his faith and his country. small towns—a town by the name of Hospitals should not have to choose He represented the best America has Big Sandy, MT, which is home to 600 between caring for their patients and to offer. His grit and bravery shined people. There are no stoplights. The getting paid. This is a choice no one through from his dark prison cell deep high school has about 60 students. should have to make, and it is cer- in Vietnam, and it lit up the world. He What makes America great is that tainly not one the government should loved his country. He loved his God. He we believe and we cherish the idea that be forcing on rural physicians who al- loved his family. whether a person grows up in a town ready have their hands full. In 1996, when I was considering run- such as Big Sandy or a town as big as The second provision, which Senator ning for the U.S. Senate, I sought his New York City, a person gets a fair MORAN and I introduced, prevents the counsel. He graciously agreed to come shot in life. That fair shot includes the Centers for Medicare and Medicaid by my house in Mobile. It was a very basic freedoms we enjoy as Americans. Services from enforcing a new rule that valuable discussion. Near the end, we It includes the right to a good edu- requires direct physician supervision of talked of his service. He told me a cation. It includes the right to high- outpatient therapeutic services—such story—and I think it may be appro- quality, affordable health care no mat- as drug infusions—at critical access priate to tell it now—of his time in ter where we live. hospitals and other small hospitals. prison that he had not put in his fine As a resident of Big Sandy and as a If this rule is enforced, it will se- book. After President Nixon’s bombing Senator from Montana, it is my job to verely limit the ability of rural Ameri- and strong military action had brought not only represent the entirety of cans to get much-needed care in their the North Vietnamese to the con- America but to point out when our Na- local communities, where the commu- ference table, Denton was firmly of the tion is not living up to its ideals when nity’s one physician may be out of belief that the Vietnamese were de- it comes to rural America. Right now town when the call comes in. feated and they knew they were de- Washington is tying the hands of rural Should a patient be denied basic feated. Concerned over possible war hospitals and smalltown physicians blood work because the doctor is not crime trials, one of the prison officials and threatening the health care of available? demanded that Denton tell them all Americans in all of rural America. When folks in small towns get sick, what he would say to the world about The bill we are voting on tonight is a the last thing they need is the added his treatment if he were to be released. good and important bill. It prevents a burden of traveling to another town to Senator Denton sought to avoid the 24-percent reimbursement cut to physi- get the care they need. That is why question, saying: Why are you asking cians under Medicare and TRICARE. Senator MORAN and I introduced this me? I am not the senior officer in the Many folks don’t realize that this bill bill, because Washington’s one-size- camp. affects retired military and National fits-all solutions sometimes just sim- But they pressed him again and Guardsmen who have bought into ply do not work for rural America. again, and he kept saying: Why me? I TRICARE. This bill is critically impor- Our bill passed the Senate, but there am not the senior official. is no companion bill in the House of Finally, the prison official looked at tant to them as well. Above all, it makes sure that doctors Representatives. So we sought to in- him and said: ‘‘Because you are incred- clude it in tonight’s fix. Despite the ible, Denton.’’ can keep treating patients and that That is the flat truth. He was incred- folks can still keep getting emergency fact that there is no stated opposi- ible. services. It may be a temporary solution—and that both of these bills will When he told the world and his cap- tion and one we have reached too many not cost the American taxpayer one tors during that ‘‘show’’ press con- times, but it is a necessary solution to dime—we were unsuccessful in our ef- ference before the Japanese television keep our health care system working. forts. where he blinked the word ‘‘torture’’ I appreciate Leader REID bringing it I am not asking for much. These two that ‘‘whatever the position of my gov- to the floor. However, this bill could be bills are widely supported. They are bi- ernment is, I support it fully . . . I am stronger, especially for folks in rural partisan, and they will not add to the a member of that government, and it is America. I pushed to include two provi- deficit. And they offer much-needed my job to support it, and I will as long sions in the bill to strengthen rural flexibility for rural hospitals seeking as I live,’’ it was a moment of great health care, but despite my best ef- to provide high-quality health care courage, historical significance, and fi- forts, they are not going to be a part of while making ends meet. delity to duty that few in this Nation the measure we vote on this evening. I know Senator WYDEN supports would be able to match. He knew the The first provision, which I intro- them. So does Senator HATCH. I appre- captors would not like it, and they did duced with Senator ROBERTS, removes ciate their support. But the House of not like it. They beat him brutally for the requirement that physicians at Representatives, for whatever reason, the disrespect he showed by telling critical access hospitals certify that a chose to leave these important pro- that truth, and they even did so before patient will be discharged or trans- posals out. They are exactly the kind they knew he had blinked out ‘‘tor- ferred in less than 96 hours in order for of bills we should be approving—bills ture.’’ that hospital to be reimbursed for serv- that offer support for the thousands of His family was his life. He was mar- ices. hospitals that provide critical care ried to the late Kathryn Jane Maury Critical access hospitals are treat- across rural America, hospitals that for 61 years, with whom he had seven ment centers in rural areas that have should not have to have their hands children. He is survived by his second no more than 25 inpatient beds. They tied by regulations that work better in wife Mary Belle Bordone and his chil- play a vital role in providing quality, urban communities. We should be mak- dren: Jeremiah, William, Donald, affordable health care in rural and ing sure they have the flexibility they James, Michael, Madeleine Doak, and frontier communities across this coun- need to meet the needs of their com- Mary Lewis. try. Without them, folks would have to munities.

VerDate Mar 15 2010 00:26 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.006 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1844 CONGRESSIONAL RECORD — SENATE March 31, 2014 Mr. President, if you or I need emer- two chapters of Federal budget fiction. I would note that budget experts tell gency care here in the Senate, there Since the SGR is just pretending that us that paying for this through OCO is are multiple large hospitals nearby Congress will hold the line on Medicare the mother of all gimmicks. I just where we can get the treatment we spending, I believe it is time to end spoke about the passing of Senator need. But that is not the case in rural this fiction and wipe SGR off the Jeremiah Denton, who was a prisoner America. Distances in rural America books. And for balance, I am going to of war in Vietnam. We could use the are measured not in city blocks but in propose ending another piece of budget savings from the Vietnam war that we miles. We need to make sure the regu- fiction, specifically the Overseas Con- are not spending today to pay for this lations coming out of the Department tingency Operations, known as OCO, bill. of Health and Human Services reflect and the spending on wars that are So I would object, Mr. President. that. winding down. This too is fiction. Hopefully, we can figure out another Montanans elected me to bring a lit- As former Republican Senator Jon way to make this happen because Sen- tle more common sense to Washington. Kyl said—a conservative by anybody’s ator WYDEN is correct, it is time to get Often this is not an easy job. But these calculation—during a previous SGR de- a permanent fix of this matter done. are two straightforward, commonsense bate, let’s use war savings for one last I would ask consent that S. 2122, Cal- provisions to prove to Montanans that time to wipe out the debt Congress has endar No. 330, be proceeded to for im- politicians in Washington get it and built up by overriding reductions in mediate consideration. It would repeal they get their concerns. And we hope payments to doctors, and from that the Medicare sustainable growth rate that all Americans get a fair shot at point on war savings would only be offset by repealing the ObamaCare in- the opportunities promised to us, re- used for defense. dividual mandate. I ask consent that gardless of their ZIP Code. I will keep So there you have my proposal: truth the bill be read a third time and fighting for these provisions and other in budgeting all around. Wipe the slate passed, the motion to reconsider be measures that strengthen and support clean on Medicare so you can support laid upon the table. rural America. seniors and their doctors and move for- The ACTING PRESIDENT pro tem- With that, I yield the floor. ward with real reforms along the bipar- pore. The unanimous consent request The ACTING PRESIDENT pro tem- tisan lines the House and Senate have from the Senator from Oregon is on the pore. The Senator from Oregon. already agreed to. table. Is there an objection? Mr. WYDEN. Mr. President, as the I would add that if Congress took the Mr. SESSIONS. I did object, yes. new chairman of the Senate Finance action I just proposed, it could go far- The ACTING PRESIDENT pro tem- Committee—16 working days on the ther and address the health extenders. pore. Objection is heard. job—it is humbling to be parachuted Unlike the SGR, these are real pro- Mr. SESSIONS. Mr. President, I ask late into the issue of reimbursing doc- grams helping, for example, vulnerable unanimous consent that the Senate tors for Medicare services, and I intend low-income seniors, rural commu- proceed to the immediate consider- to be brief here at the outset of this de- nities, and seniors who need a variety ation of Calendar No. 330, S. 2122, a bill bate. of therapies. Each one of those has to repeal the Medicare sustainable All sides agree that the current sys- strong bipartisan support. growth rate offset by repealing the This, too, could be addressed in a fis- tem for paying doctors, known as the ObamaCare individual mandate. This is cally responsible manner. A big chunk SGR, does not work well for seniors, proposed by Senators HATCH and of the cost of 10 years’ worth of these the many gifted physicians who serve MCCONNELL and CORNYN. I ask unani- extenders could be addressed with the them, or taxpayers. Devised in 1997, the mous consent that the bill be read a savings of the 1-year patch. SGR sets an annual cost target for So here is my closing: A lot of good third time and passed, the motion to Medicare physician payments, and it is work has gone into a bipartisan, bi- reconsider be considered made and laid honored more in the breach than in the cameral reform plan that finally re- upon the table. observance. When the SGR is not met, peals and replaces the SGR. I would The ACTING PRESIDENT pro tem- the Congress says that is OK, we will just say to my colleagues, doesn’t that pore. Is there objection? just apply a patch and we will punt. deserve a vote? If my unanimous con- Mr. WYDEN. I object, Mr. President. Patch it up and let that SGR limp sent request is accepted, we would have The ACTING PRESIDENT pro tem- along, just as it has year after year that vote. pore. Objection is heard. after year. At this time, Mr. President, I ask The Senator from Alabama. Mr. President and colleagues, there unanimous consent that notwith- Mr. SESSIONS. Mr. President, I have now been 16 of these patches—16— standing the previous order with re- thank the Senator from Oregon for his and every Senator who I talk to says spect to H.R. 4302, following disposition leadership and hopefully something that just defies common sense and it of the Owens nomination, when the can be worked out on this because it is seems bizarre even by Beltway stand- Senate resumes legislative session, the important. But it is frustrating that ards. The cost of the patches now re- Senate proceed to the consideration of there is no intention, it appears, to sembles the cost of the full repeal. Calendar No. 336, S. 2157; that following allow this provision, this fix to be To his great credit, the majority the reporting of the bill, the bill be brought up. Therefore, without that leader, Senator REID, has repeatedly read a third time and the Senate pro- kind of consent, I think it is unlikely said his first choice for dealing with ceed to vote on passage of the bill with we will get a unanimous consent to this issue is to finally repeal the SGR. no intervening action or debate; and move forward with Senator WYDEN’s Now is the ideal time for repealing that upon disposition of the bill, the fix. SGR. The cost of full repeal is far less Senate resume consideration of H.R. The ACTING PRESIDENT pro tem- than anticipated. Thoughtful, bipar- 4302, as provided under the previous pore. The Senator from Oregon. tisan work has been done in the House order. Mr. WYDEN. Mr. President, before and the Senate on repeal and replace, The ACTING PRESIDENT pro tem- my friend from Alabama leaves the and leading advocates for seniors and pore. Is there objection? floor—just to highlight where we are— their doctors want to replace the sta- The Senator from Alabama. I think he knows how strongly I feel tus quo with real reform. Mr. SESSIONS. Mr. President, re- about always trying to tackle these So as an alternative to the flawed serving the right to object, I want to issues in a bipartisan fashion. I would status quo—an SGR patch No. 17—this express my appreciation to Senator just assure the Senator from Alabama, afternoon I will make two unanimous WYDEN for his leadership. He is going the reason we took as our underlying consent requests so that the Senate is to do a great job as chairman of the repeal-and-replace bill the good work allowed to have a choice; specifically, a very important Finance Committee. He that was done by Senator HATCH and vote on a proposal to permanently re- is active in all the issues before our Chairman CAMP and Chairman UPTON peal and replace the SGR and also to Senate. But, regrettably, a number of is I felt that extended the olive branch fund the health care extenders. Members on this side object to pro- in trying to bring the parties together. I will wrap up by briefly describing ceeding with his legislation at this I intend to do that consistently on the this proposal. Its essence is to close point. Finance Committee—pretty much just

VerDate Mar 15 2010 00:26 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.011 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1845 the way I did when I supported George process came to be, the sustainable Committee and their equivalents in the W. Bush on Part D of Medicare. growth rate, where Congress 17 years House, there is agreement on what a The challenge, of course, here is that ago said they saw at that point that replacement to the SGR would look this would be the 51st attempt to es- the cost of Medicare would rise and the like. We would move to a system that sentially try to make changes in the cost of our entitlement programs was would actually fix the problem but also ACA that would end up particularly rising. They put in place at that point improve the quality of service covered shifting costs to so many vulnerable what they thought was a rational solu- under Medicare. people. tion to slowly slow the rate of growth. We would move to a payment system It seems to me, particularly today as The challenge was Congress imme- which would reward doctors for focus- we have thousands and thousands of diately punted. As opposed to resolving ing on providing high-quality care. people still trying to sign up—I noticed it at that point, we have maintained Doctors would actually be rewarded for the Wall Street Journal, Saturday, this legal fiction and this accounting talking to each other, to make sure stated that the CBO said the original fiction that no one under any kind of tests and services are not unneces- target for the Affordable Care Act had traditional standards of accounting sarily duplicated. Doctors would be re- been met. I think it would be particu- would accept, where we built in this warded for ensuring patients have ac- larly unfortunate to go forward with cost increase, and then each year we cess to care when they need it, such as what would be the 51st effort to try the come back and so-call patch it. same-day appointments. Doctors would same kind of approach that particu- Each year we go through a fire drill be rewarded for spending more time larly would cause so much cost shifting where lobbyists across town harangue with patients and genuinely talking in American health care onto the and harass Members of both parties on about the patient’s priorities and con- books of a lot of folks who are already a universal basis and say: Oh, my gosh. cerns rather than running off to their walking an economic tightrope. We cannot allow this to happen. Hos- next appointment. I know a number of my colleagues pitals and doctors who should be spend- These are all goals—regardless of want to speak. As the manager of the ing time providing health care or find- what some of our colleagues may feel time, it is my intention to try to alter- ing cheaper and better ways to deliver about the Affordable Care Act, these nate with colleagues of various points health care storm the halls of the Cap- are all goals that almost all of us of view with respect to this issue. I am itol to make sure we do not provide would agree would actually improve sure that will be done as well on the what would now be an unsustainable the quality of health care in America, other side. cut in their reimbursement rates. and for Medicare start to help drive I note my friend from Virginia on the But it appears to me we are now that cost curve back in the right direc- floor. He is going to be the new chair- about to go, for the 17th time, one tion. man of the Senate Finance Sub- more year on a short-term patch and If we would act on this bipartisan so- committee on Fiscal Responsibility. I will one more time kick this can down lution, we could make a real dem- think he brings extraordinarily impor- the road. What we are avoiding, if we onstration, even in an election year, tant credentials to this job. His sup- take this vote this afternoon and sim- that Congress is actually working to- port of the kind of approach I have ad- ply patch over an effort that was gether to solve the problem. vocated this afternoon highlights that brought over from the House, an effort The chairman of the Finance Com- this will have support in both political in the House that I would remind my mittee noted that in the 5 years I have parties from Members who have strong colleagues never came to a rollcall had the honor of representing Virginia, credentials in terms of promoting fis- vote, we will once again avoid the op- there is no issue I have been more pas- cal responsibility. I would yield to him and look for- portunity to start to, in effect, clear sionate about, involved with, than try- ward to my colleague’s remarks. our balance sheet, to make the size of ing to find that common ground around The ACTING PRESIDENT pro tem- our debt and deficit—and for those of our debt and deficit, sometimes to the pore. The Senator from Virginia. us who have been involved in this chagrin of my own colleagues on this Mr. WARNER. Mr. President, first of issue, to go ahead and get rid of some side of the aisle. all, I thank the chairman of the Fi- of the budgetary fakery that quite hon- I believe getting our fiscal house in nance Committee for his efforts in this estly makes so many of our other ef- order is absolutely the top priority endeavor. I am disappointed there was forts that may be legitimate seem ille- that this Congress and our Nation face. an unwillingness to at least have a gitimate because we cannot even clean I believe failure to do that will squeeze vote on this important issue. I have up our books. out any investment in education, infra- been a very lucky individual. I have The chairman of the Finance Com- structure, military, whatever our other had the opportunity to have a career in mittee went through how this SGR was priorities are. Part of that is getting business, and I have had a career as a created in 1997 and how we have gone our entitlement costs under control. Governor. In each of those cases, I had through annual patches. It is remark- But if we are going to get our entitle- to learn business practices and ac- able that the total cost of these patch- ment costs under control, we have to counting practices. Business account- es actually exceeds—what we have al- eliminate the budget gimmicks and ing practices are different than govern- ready spent exceeds the cost of repeal. fakery that now are part of the proc- ment accounting practices. State ac- The repeal of SGR at this point is ess. counting practices are somewhat dif- roughly $135 billion. Based upon pre- The primary one on the entitlement ferent as well. vious budget estimates, this is the year side is the SGR. We have a remarkable But I have to tell you, what takes the to take this action. opportunity to get rid of this peace of cake is what passes for rational ac- What has been the challenge in the budget fakery, to clear the books, to counting and scoring practices in the past, while there has been agreement— put in place a better system. I know Federal Government and how we main- we heard from the Senator from Ala- there have been questions about the tain these fictions about what are bama, and others will come and be- cost. I believe the chairman of the Fi- costs, what are expenses in a way moan the fact that SGR is a fakery, nance Committee will soon put up a where the vast majority of Americans SGR is budget gimmickry. We have chart which will quote a periodical do not have the slightest idea what we this action that is taken on every year, that does not often say good things are talking about: SGR, OCO, terms we where doctors, hospitals, others storm about those of us on this side of the throw around in this body that have no the Congress and say please do not do aisle; that is, the Wall Street Journal, relationship to the bottom line but pre- this, and then at the eleventh hour we which has called the SGR a ‘‘book- vent us from taking action to at least extend. keeping gimmick which merely hides start the process of getting our balance What has avoided opportunities in Medicare’s true cost by moving future sheet right, a balance sheet that right the past to get rid of this issue is that spending off the balance sheet.’’ now is $17 trillion in debt, that goes up there has not been a solution, not been Again, we have a chance to get rid of 4 billion a night. a bipartisan solution. But this year, that today. What I think the chairman The chairman of the Finance Com- due to the good work of the chairman, of Finance Committee has offered is we mittee outlined very well how this the ranking member of the Finance could actually get a two-for. We could

VerDate Mar 15 2010 00:26 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.012 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1846 CONGRESSIONAL RECORD — SENATE March 31, 2014 get rid of repealing and replacing the have laid out ideas that again I think wants to try to fix it. But if they vote SGR and at the same time eliminate across the aisle there is going to be for this bill that is on the floor today, another budget gimmickry tool, the common agreement on. I know we have they are part of the problem. They are OCO account. been joined by my good friend the Sen- not part of the solution; they are part I cannot understand why we would ator from Oklahoma. No one knows of the problem. not take advantage of this opportunity more about health care and has been a There are four budget points of order to start down the path of cleaning up stronger voice on entitlement reform that lie against this bill. Why in the our balance sheet. At the end of the than the Senator from Oklahoma. world would there be four points of day, the actions we take today will not We have spent an awful lot of time order lying against this bill? We are get rid of that $17 trillion in debt. It wrestling with how we get to that com- only going to vote on one of them. It is will not bring down our deficit in itself, mon cause. These commonsense re- because it is a sham. It is a lie. The but it will allow future actions to be forms that move us closer to quality pay-fors aren’t true. They are nothing dealing with an accounting system and rather than quantity are a first step. but gimmicks. It is corruptible. There a budget that is much truer to reality. Also, a first step is trying to relieve is no integrity in what we are getting The chairman of the Finance Com- the annual or sometimes every-6- ready to vote on in terms of being mittee has called this the Medicare mi- month fire drill we go through where truthful with the American public and graine. I think it is time for this Con- health care providers across the coun- in terms of being truthful with the peo- gress, this Senate, to actually take two try have to rush to Congress to try to ple who are providing the care for aspirin, pass this replace and repeal, get a patch in place, which at the end Medicare patients. get rid of this migraine, and at the of the day we know we will put in I have a little bit of experience—25 same time show the American people place. The way we put the patch in years of practicing medicine. I can tell we can act in a bipartisan fashion, even place more often than not is simply you what is wrong with the payment in an election year. passing more cost to the providers in system. We have a payment system The ACTING PRESIDENT pro tem- an outyear. This is the kind of budget both from the insurance industry and pore. The Senator from Oregon. gimmickry that quite honestly we from Medicare and Medicaid that says: Mr. WYDEN. Mr. President, before he tried to address in our so-called Gang See as many patients as you can if you yields the floor, through the Chair, I of 6 that would have had more con- want to pay your overhead because we would pose a question to the distin- straints. We didn’t get it done. are going to pay you based upon a code guished Senator from Virginia. We have another opportunity today— rather than how much time you spend The Senator from Virginia has, as not to solve the whole problem, but by with a patient. usual, gotten right to the heart of the getting rid of SGR, by getting rid of The first thing a doctor is taught in long-term challenge with respect to en- OCO, we are moving two of the ac- medical school is sit down and listen to titlements. I have always tried to de- counting and gimmickry obstacles, the patient. If we spend time with the scribe it as the challenge of protecting which would help clear the decks to- patient, the patient will tell us what is the Medicare guarantee because what ward the ultimate debate we are going wrong with them. We know that is true seniors have is a guarantee. It is not to have about tax reform and about re- because we have two of the sets of data something that is up for grabs. It is a tirement reform. But the value is that now—both on the concierge medicine by repealing the SGR, we would also guarantee. It is inviolate. Protecting that has come up in the past few years put in place reforms that move us to- their guarantee means that in the days as well as what we have seen in one of ward a better quality health care sys- ahead we are going to have to figure the great HMOs on the west coast. out new ways to hold down costs. tem for our seniors. I know the consensus and conven- They order 62 percent fewer tests when What I have heard the Senator from tional wisdom is that at moments such they are listening to the patient. Virginia talk about very eloquently is One of the biggest costs for Medicare, as these we will always punt. We will one of the key ways to do that is what one of the biggest wastes for Medicare have a chance this afternoon to see the Senator from Virginia and I have is tests. Why do doctors order tests? whether we will punt one more time or sought to do, which is to start having whether we will actually—if it takes a Because they didn’t spend the time fig- Medicare—start having Medicare pay few more days—wrestle this to the uring out what is really wrong with the for value rather than just staying with ground and come up with a common patient, so they order a bunch of tests this volume-driven fee-for-service sys- cause where we could repeal SGR, re- to try to help them; whereas, if they tem, which largely rewards ineffi- place it with a better system, and per- had spent an additional 15 or 30 min- ciency. I think it is my sense that the haps at the end of the day get rid of not utes with the patient, most of those Senator from Virginia believes it is one but two gimmicks that have made tests—and most are not without risk— very hard to start the kind of real enti- our budgeting so much more difficult. would never have been performed. tlement reform we need, where we pro- With that, I yield the floor. We have the Senate doing what we tect the Medicare guarantee and hold The PRESIDING OFFICER. The Sen- usually do: We are putting this off down costs, unless we make the kind of ator from Oklahoma. until tomorrow when we can actually approach we are advocating in this re- Mr. COBURN. I would like to spend fix the real problem now. peal-and-replace strategy with SGR. some time talking about the bill that It comes to another principle of med- We better get to it, because until we is on the floor. icine. The principle of medicine is that have those changes, we cannot begin to I thank my colleagues from Oregon we don’t treat symptoms, we treat dis- get on with another area that the Sen- and Virginia. I have enjoyed working ease. When we treat the disease, the ator from Virginia feels very strongly with them. symptoms go away. If we just treat the about; that is, chronic diseases—diabe- The bill we have on the floor is one of symptoms, we will never find the dis- tes, cancer, heart disease, and stroke— the reasons I am leaving Congress at ease. We will cover up the disease. That which consume more than 80 percent of the end of this year. This is why the is exactly what we are doing. the Medicare budget. By my calcula- American people are disgusted with us. The SGR was a great idea. It started tion we cannot get on that or any of We are going to put off until tomorrow in 1995 in the Ways and Means Com- the structural entitlement challenges what we should be doing today. We mittee in the House under former until we do what the Senator from Vir- should be fixing this problem instead of chairman Bill Archer. Had we followed ginia is talking about: Is that pretty delaying the problem. I concur a lot it, we would have seen some significant much the way the Senator from Vir- with what my colleague from Virginia reining in of the costs of care and ginia sees it? said. But the fact is that there is no Medicare. But what happened? We cut The ACTING PRESIDENT pro tem- courage, there are no guts, and there spending and we cut reimbursement pore. The Senator from Virginia. are no intentioned actions to do what rates one time. Instead of responding Mr. WARNER. Mr. President, I would is the best thing in the long term for to the political clamor of the provider agree with the comments made by the this country in this body anymore. group, we fixed it—a short-term fix. We chairman of the Finance Committee. We have a bill that came to us—and have been doing that ever since 1999, In the repeal-and-replace proposal we I appreciate the fact that the chairman short-term fixes.

VerDate Mar 15 2010 00:26 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.014 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1847 We are not fixing this problem today. has not been reported or discharged. So the generation coming up that is going What we are doing is taking a big old we are totally ignoring the process the to pay the bill for our untruths. This can and kicking it down the road. chairman of the Finance Committee isn’t an unfixable problem. It is a prob- Worse than that, we are not even being would like to have so we can do the ex- lem that hasn’t gotten the attention truthful about what we are doing. pedient political thing to take some and the time it needs, and it reflects One of the little gimmicks is to shift pressure away, just as we did on the poor leadership of the Congress and the $5 billion of sequester from 2025 to 2024 flood insurance bill. It got a little hot committees. We knew this was coming and say you saved money. But we all in the kitchen. Instead of actually up 1 year ago. The Senator from Or- know this little red area on this side cooking the omelet, we threw the eggs egon can totally be forgiven because he will go over to the other side and we in the trash can and ran out of the wasn’t in charge of the Finance Com- will spend that money. Nobody believes room, and that is exactly what is going mittee until 1 month ago. But there is it. It is kind of the wink and the nod to to happen in the Senate. We are again no denying the fact this problem was the American public: Oh, look at us. putting off the hard choices. there. There is no truth, there is no honesty Let me tell you why this is impor- Doing a patch—and even doing some about what we are doing. And that is tant. The Senator from Virginia out- of what Senator WYDEN wants to do— only one. This is the other offset. The lined this a little bit. When I came to won’t fix the ultimate problem. Think sequester was the one I just showed. the Senate, which was 9 years ago, the about the interaction you have with Savings from future Medicare cuts: $2.3 individual debt each one of us held on your caregiver. The average time in a billion. They will never occur. If you the national debt was under $32,000. doctor’s office when you go in, before think they will occur, you obviously Today it sits at 54,800-and-some-odd you are interrupted by your physician, think—if they will occur, then we dollars. We can kind of get lost in that. is now 6 seconds. You go in, sit down, should have fixed the real problem, the What we have to think is this: Well, and the doctor asks: Why are you here real disease of Medicare today. But we what is my family’s obligation for today? You start to say something, and didn’t. So the actions will continue to what we haven’t paid for in the Federal the first thing you know, you get inter- be exactly the same. That $2.3 billion Government? rupted. Why? Because that physician will never be materialized whatsoever. Let me tell you what it is. For every knows he needs to get to the next pa- It is a falsehood—$4.4 billion to Med- family in America, whose average in- tient to pay the bills because we are icaid. It will not ever come about. That come is $53,000 per year—the same as it paying bills based on CPT cuts rather is in the future, but we will take the was in 1988 in terms of real dollars; we than paying the physician based on the money now to pay for it. have gone backward—your obligation amount of time they spend with the pa- In this bill of approximately $20 bil- is now $1.1 million per family. tient, including outcome measures. lion, half of the savings we say are And we are going to play this game We have a system that is designed to there aren’t there. Every Member of again and we are going to add another be defrauded and creates overutiliza- this body knows that. So when they $10 to $12 billion between now and tion. We designed it. We can fix it. Vot- vote for this fix today and vote against April? We are going to say and claim it ing for this bill doesn’t fix anything ex- the budget point of order, what they doesn’t add anything, but we are going cept a little heat in the kitchen. When are saying is: I am dishonest, I am to add another $10 billion so we can get we come back the next time, the heat playing the game, and I will not stand away from the heat, so we can get out is going to be hotter, and hotter, and up for truth so the American people ac- of the kitchen, so we won’t be respon- hotter. This bill is a cowardly response tually know what we are doing. I do sible. to the real problem that we have. It is not believe in transparency. I do not Which is more responsible—to tell time we quit being cowards. believe that we ought to have to live the truth about where we really are or I yield the floor. within our means, that we ought to to actually profess an untruth to your The PRESIDING OFFICER. The Sen- make hard choices, just as every Amer- constituents in this vote this evening? ator from Oregon. ican family out there does today. Because that is what it is. Mark my Mr. WYDEN. Before he leaves the Finally, some of this is very unfair to words: Every Senator who votes for floor, I want to say to the Senator the very people who worked on this this bill that came out of the House from Oklahoma, who says—and always with the committees because they will be telling an untruth to the Amer- with a smile—that he and I certainly made some commitments for real cuts ican people. They know it is not paid don’t agree on everything in this de- to them to get a long-term fix. Guess for. They know it violates all sorts of what. The real cuts—the portion that bate, that the concept of what he is rules in the Senate. They even violated is actually paid for—pay for it for only talking about—that physicians spend the House rules as they passed it—all 1 year. So not only are we dishonest time with their patients—is certainly a to meet a deadline? with the American people, we are dis- concept that ought to be incorporated To give a little history, we have honest with the stakeholders who ne- into how we proceed in the days ahead. missed the deadline before on SGR gotiated this for a 10-year elimination. The other aspect of this that people The budget points of order against fixes. Does it cause additional work for ought to focus on, with respect to what this bill—just so we know what we are providers, doctors, hospitals, and doc- the Senator from Oklahoma is talking talking about, it violates pay-go. Plain tors’ offices? Yes. Does it provide addi- about, is that time that the physician and simple, it violates pay-go. This bill tional work for CMS? Yes. Do we even- spends with the patient in the office increases the on-budget deficit. I dare tually catch up on it? Yes. So what is presents a pretty good chance that somebody to come down to the floor the hurry? Why not really treat the some of those discussions they have and tell me it does not. It does. real disease? The real disease is that there in the office are going to help It violates the Ryan-Murray 2014 con- we have a payment system that is not keep that patient out of the hospital, gressional Budget Act because it vio- good for patients and is not good for and all sides ought to see that as a con- lates the top line. Nobody is going to providers. We can’t fix it over a week- structive goal. come to the floor and say it doesn’t. end, but we can fix it. If we don’t fix it, So I want my colleague from Okla- We won’t hear one speaker come to the as the chairman would like to see a homa to know that in the discussions floor and say it doesn’t violate that. It long-term fix—I don’t necessarily agree he and I have had—and I appreciated does. They know it does, but they with everything he wants to do, but I the way my colleague said with a smile won’t speak the truth. applaud his effort to get a long-term we don’t agree on everything—the con- This bill also spends money in excess fix. If we don’t fix it, we don’t deserve cept he is talking about with respect to of the Finance Committee’s alloca- to be in the Senate. doctors and time in the office—is some- tion—another point of order against There will be no credibility left and thing that ought to be incorporated the Budget Act. Everybody knows that there will be no legitimacy left if we into this, and it is my intention to is true, but they won’t come down and pass this bill. It is all a pack of work with my colleague on that. say it doesn’t; they will just vote for it. untruths—untruths to the stake- Mr. COBURN. I thank the chairman. It also has language in it within the holders, untruths to the American pub- Mr. WYDEN. Mr. President, I want to Budget Committee’s jurisdiction that lic and, most importantly, untruths to pick up on another aspect of what both

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.016 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1848 CONGRESSIONAL RECORD — SENATE March 31, 2014 the Senator from Virginia and the Sen- For many seniors, after the free know this kind of information can ator from Oklahoma have talked physical they now get under Medicare, often produce better quality for lower about, and that is that at this rate we their care is so fragmented, so poorly prices because providers who do well have to be concerned that after patch coordinated that until they land in a when that information gets out will see 17 there will be patch 18, and after 18 hospital emergency room, perhaps with they are rewarded for their work, and there will be patch 19. I am sure there a $1,100 deductible and can’t figure out those that are not measuring up to are some young people up in the gal- all the doctors they have seen during those standards will either have to leries who are light years away from their odyssey through chronic care change their practices or simply find it Medicare. In fact, the distinguished treatment, we have virtually no sys- hard to keep their doors open. The Presiding Officer of the Senate is a tem that responsibly manages and is markets work best when information is number of years away from the pro- accountable for that senior’s care. transparent for all parties. gram, and I don’t want to see him look- In repeal and replace, we take the Today, most patients lack any coming at patch 30 or 31 or 32. But the re- first steps toward building a chronic parative information and usually don’t ality is if all we do is to take what we care policy for our country. We take find out the cost of their care until have and extend it, we are not going to the chronic special needs plans—what after the fact, if at all. So Senator turn this situation around. are called the CSNPs—that haven’t GRASSLEY and I have proposed there be My colleague from Virginia and I worked out as hoped and initiate re- a free and searchable database, one started talking about one of the key forms for those particular plans to en- that would allow seniors to find and concepts in our repeal and replace sure that all of the individuals who are choose doctors and other health care strategy, and that is making sure we part of that program would, for the professionals enrolled in the Medicare have a hard date—really, for the first first time, have an individual care program, adding the actual services time—to start paying for value in plan. That is something many seniors— that are performed and what price health care. Repeal and replace has certainly a majority of seniors—lack, Medicare pays for those services. that hard date. This is long, long over- particularly if they are part of tradi- Americans would finally be able to do. Until then, in much of our country, tional fee-for-service medicine. They compare what Medicare pays for par- we will still have volume-driven, fee- don’t have an individual care plan. ticular services in different parts of the for-service medicine still driving They might have two or more kinds of country. Opening the Medicare claims health care in those communities from chronic conditions. database in this way would help us one end of the country to another. A senior might think they can man- hold down health care costs, would also I heard one observer say what they age their own medicines and manage improve the quality of Medicare serv- hoped for is that somebody in Wash- their own nutrition, but there would be ices, be a tool in fighting fraud, and ington would take a machete to fee- an alternative. That would be what would be useful in helping individuals for-service. At a minimum, we ought to Senator ISAKSON and I have talked do what repeal and replace does, which with private health plans—private about for the long term and what we is to reward for the first time quality, plans, HSAs and employer-based insur- would begin with in a true repeal and and ensure the message goes out to ance. What is going to happen there is, if every corner of the country. I have replace program for SGR. With SGR, you have an employer plan in Hartford, heard the distinguished Presiding Offi- we would start finally looking at those CT, or an HSA in Connecticut, the first cer of the Senate say with respect to chronic care patients in a way that en- thing you are going to say is, this is his important health care reform ef- sured they got coordinated care from forts that instead of just paying for the first time they saw a physician, what Medicare pays for a particular volume, we should actually pay for re- who, under our approach for the long service; why can’t I, with my employer sults, and results mean patients have a term, would have a pharmacist and a plan or my HSA have the same price? If higher quality of life. What we know, physician assistant and maybe a nurse. I am not getting it, that probably in many instances, is that kind of care They would be able to have one person means I am getting less pay, and I also costs less because we don’t have accountable for their care. would rather see health care costs held people sicker and needing more expen- The irony is that all over the country down so I could get more in my pay- sive services and possibly institutional there are programs that are now doing check. care. this and reaping dramatic savings. For So opening the record—from a qual- So now, while I wait for additional example, in rural Pennsylvania there is ity standpoint—of Medicare-paid serv- colleagues to come and speak, I want a particularly promising program ices would be a very powerful tool for to take a few minutes to describe some where the savings have exceeded more measuring hospital and doctor per- of the other opportunities we are miss- than 20 percent on some of the sickest formance. The claims data, with full ing out on by not going forward with patients with the kind of approach that protection of patient privacy, would full repeal and replace, as I and Sen- Senator ISAKSON and I are advocating open how doctors and hospitals are ator WARNER and others would like to for the long term, and which we would treating patients. It would also provide see. at least begin with these chronic spe- a full accounting of areas which lack In particular, it is very clear that cial needs patients under full repeal access to doctors, specialists, treat- Medicare in 2014 is remarkably dif- and replace of the SGR. ment, and procedures. Making this in- ferent than Medicare back when it Now, I want to close with one other formation readily available would also began in 1965. Medicare in 2014 is now point before I yield the floor to col- allow doctors to collaborate on im- dominated by chronic disease. Cancer, leagues. The full repeal and replace of proved care management, and make diabetes, heart disease, and stroke is Medicare would also contain an idea sure the highest quality services are more than 80 percent of the Medicare that Senator GRASSLEY and I have delivered to patients at lower costs. spent. I believe we have some opportu- worked on for over 3 years, which is to Finally, the transparency we would nities for some very important break- open the Medicare database. The Medi- get from the efforts Senator GRASSLEY throughs. care database is really a treasure trove and I have teamed up on, which was The Senator from Georgia, Mr. ISAK- of the most useful information about part of the full repeal-and-replace SON, has joined me in a bipartisan bill Medicare claims and payments around strategy, would help us have a powerful here—the Better Care, Lower Cost Act. this country. It holds the record of all new tool against fraud and waste. It is bipartisan in the other body with payments from taxpayers to physicians We look at the Medicare Program. Congressman PETER WELCH and Con- and other providers for seniors’ health The Wall Street Journal and the Cen- gressman ERIK PAULSEN. That would care. ter for Public Integrity have been able give both parties an opportunity for Right now, access to this Medicare to, even with limited access to Medi- the first time to provide the real finan- database is very limited. If the public care claims data, look at that informa- cial incentives for the long term to re- or seniors or others want to get access tion and expose through a series of ar- ward the kind of coordinated care we to this information, they have to wade ticles how doctors and medical practi- are not getting in this country for sen- through the bureaucracy, and there are tioners game Medicare to increase iors. simply very substantial obstacles. We their profits. If we made the system

VerDate Mar 15 2010 04:41 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.018 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1849 more transparent, as Senator GRASS- Senators over the last 3 days of both gone well in Afghanistan or the invest- LEY and I have sought to do and is in political parties, and I think there is a ment of blood, treasure, and energy by the full repeal-and-replace proposal, we growing awareness that simply extend- the United States hasn’t made a dif- would have a significant new tool to ing what we already have and punting ference. I wish to put on the record 13 root out those—and they are a rel- on the need to fix the urgent structural very real indicators of a trans- atively small number, fortunately— problems with what we have—which is formation in an Afghan’s life in the who truly fleece seniors and taxpayers what some Senators and House Mem- last 13 years. and allow us to get more value for the bers sought to do—can’t be ducked No. 1, two-thirds of Afghans today Medicare dollars. much longer. have and are able to use cell phones In 2012 the Medicare Program cost Mr. President, I reserve the remain- compared to 5 percent before 2001. Be- about $580 billion. In a few years, given der of my time for closing. fore 2001 Taliban-controlled radio was the demographics and technology, this I yield the floor and I suggest the ab- the only news source in Afghanistan. bill is going to go over $1 trillion. sence of a quorum. Today Afghans can choose from 75 tele- Often when I go to a high school and The PRESIDING OFFICER (Mr. vision stations and 170 radio stations. meet with young people—as I am sure KING). The clerk will call the roll. The Afghan national gross domestic does the distinguished Presiding Offi- The bill clerk proceeded to call the product has grown nearly tenfold since cer—16-, 17-, and 18-year-olds, we talk roll. 2001. One in three Afghans has access to Mr. KAINE. Mr. President, I would about matters which concern them, electricity. Kabul enjoys a power sup- ask unanimous consent that the student scholarships, parks, transpor- ply 24 hours a day. quorum call be rescinded. In 2001 in Afghanistan there were tation. Toward the end of the meeting The PRESIDING OFFICER. Without only 30 miles of paved roads, which had I often say: So you all are 16, 17, and 18. objection, it is so ordered. My guess is, given your age, you prob- The Senator from Virginia. a direct impact on their economy. Today nearly 10,000 miles of paved ably tweet your friends when you get AFGHAN DEMOCRACY up in the morning about Medicare. Mr. KAINE. Mr. President, I rise to roads—nearly 300 times the amount in These students smile: Well, there is voice my support for the people of Af- 2001. Over 50 percent of the population another person from Washington, DC, ghanistan who this week on Saturday now has safe drinking water, nearly who doesn’t get it. will be in the midst of a Presidential double from 2004. I kid with them a little bit. Finally, election pursuing the first Democratic The number of teachers in Afghani- I say: I just want you to know I am transfer of power in that nation’s his- stan was only 20,000 in 2001. Today it is kidding, but not really. Because if we tory. April 5 will be a momentous day, 175,000, 30 percent of whom are women. don’t figure out how to protect the a Presidential election where millions Three million Afghan girls are enrolled Medicare guarantee and hold down the of Afghans will head to the polls to de- in schools compared to only 5,000 in costs for all you students who care termine their destiny by a peaceful 2001, a nearly 600-fold increase. Overall about scholarships and parks and roads means. As we know much is going on in school enrollment in Afghanistan has and the like, guess what. There is not the world in Ukraine, Syria, and Iran. increased to more than 8 million. going to be any money for the concerns It is easy to miss this milestone, but it There are 168 female judges across which are first and foremost to you. is a milestone I think should have Afghanistan and 68 women members of At this point, of course, the students some significance to us as Americans. the National Assembly. Eighty-five jump right in, and they want to know Americans should be proud of the percent of Afghans now live in districts about preventive medicine and how to role we have played in bringing the Af- with health care providers. Infant mor- root out waste and some of the things ghan people to this point, given the tality has been reduced to 327 per we are talking about. But we can’t get significant sacrifice members of our 100,000 live births, which would still be to a lot of those important Medicare country have made. There have been high for the United States, but in 2002 reform issues which Senator WARNER nearly 2,300 servicemembers who have that number was 1,600. So it has been articulated so well when he began his given their lives in Afghanistan—2,299. reduced to one-quarter or one-fifth. remarks if we can’t get full repeal-and- The United States has spent $600 bil- The number that is the most power- replace of the badly flawed Medicare lion in Afghanistan since September of ful is this: Afghan women now have ac- SGR Program. 2011. While we cannot gloss over the cess to more health care than before. I have spent a few minutes talking challenges that remain in Afghanistan Female life expectancy has increased about how Senator ISAKSON has an ap- today and tomorrow, we should remem- since 2001 from 44 years to 64 years— proach which is bipartisan in both the ber the progress that has been achieved from 44 years to 64 years. So just think Senate and the House on how to deal in 13 years since the Taliban fell in Oc- about what 20 extra years of life is like with chronic disease; I have talked tober of 2001, progress that has been for a woman and then multiply that by about opening the Medicare database made possible because of the sacrifices every woman and girl in Afghanistan. which is in full Medicare repeal and re- of American service men and women, Male life expectancy has improved as place; I have talked about some broad our diplomats, the American people, well because of improvements in infant reforms. Of course, at the center is and the grit and determination of the mortality. This is a significant change, paying for value, which is in full repeal Afghan people. a real transformation in Afghan life. and replace starting in 2018, and we On April 5 Afghans will defy those We cannot discount remaining chal- may not get for a while if the Congress who seek to intimidate them through lenges to combat corruption and just keeps reupping from the 17th violence and terrorism because it is a strengthen civil society and to further patch to 18th patch to the 19th patch. fundamental choice: Does Afghanistan advance women’s rights. The recent at- So what we are going to have to do want to move forward or go backward tacks by the Taliban on the electoral here in this body—and I know the dis- to horrific days. The ink-stained finger process at an NGO guesthouse in Kabul tinguished Presiding Officer has a of an Afghan voter will send a far more at the Serena Hotel and over the week- great interest in the question and the powerful message than any terrorist end at the Afghan election commission budget and the future particularly of gun or bomb. I think Afghan men and remind us that security is a problem. entitlement costs, which I would say women will be thinking of their chil- Our condolences go out to the victims. puts the Medicare guarantee and hold- dren as they vote on Saturday, the The attacks show a cowardly despera- ing down costs front and center—we promise of the next generation as they tion. are going to have to speed up, we are head to the ballot box. An Afghan girl The ballot box represents the largest going to have to accelerate the drive to born in October of 2001 when the threat to the Taliban and any terrorist actually get full repeal and replace, Taliban fell is now 13 years old. She affiliate and they are resorting to in- rather than patch 17, patch 18, patch 19, has no doubt faced hardship and will discriminate attacks because they patch 20, and up. My view is we ought continue to, but she now has before her know a ballot box and electoral democ- to be doing it now. unprecedented opportunities. racy will be their demise. By killing I recognize the objection from the Sometimes we get into a little bit of Afghans on the threshold of an elec- other side. But I have talked to a lot of a mode where we say things haven’t tion, the Taliban is only sowing the

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.020 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1850 CONGRESSIONAL RECORD — SENATE March 31, 2014 seeds of their own demise. They recog- during difficult years, will remain with us as final four. It has become something we nize the tide of history is against them. we complete the challenging transition pe- are quite accustomed to after having A word about the Afghan National riod and become more self-reliant. won the championship at UK in 2012. Security Forces who are working to- Hengama Anwari is the woman who We kept the championship in our State gether with the United States and is the current head of the Afghan for 2013 with the University of Louis- other partners going forward, espe- human rights commission. Last week ville. Now we intend to further under- cially on these elections this week: she stated: ‘‘10 years is only a drop in score that the college basketball cap- More than 350,000 Afghan soldiers and the ocean in the process of changing a ital of the world is indeed in the Com- policemen are the security lead now society.’’ But Ms. Anwari is still hope- monwealth, and we look forward to throughout the country. They bear the ful about the future of her country and watching in Dallas the final four next brunt of the casualties of these at- is relentless in her effort to advance weekend. tacks. More than 13,000 Afghan secu- women’s rights. ACA SIGNUP DEADLINE rity force members have been killed in When George Washington stepped Mr. President, today is the normal the line of duty, but they are deter- down as President during America’s deadline for most people to sign up for mined, with the support of our country first Democratic transition, it was a ObamaCare, and while one Senator on and the training we have provided pivotal moment for our young Repub- the other side of the aisle said yester- them and that others have provided lic. This transition, the first peaceful day there is no such thing as them—they are determined to protect transition in Afghanistan’s history, is ObamaCare, that will come as news to their homeland and they have proven equally pivotal. We stand shoulder to millions of our constituents—the mil- capable of securing their homeland. shoulder with Afghans, but this is an lions of Americans facing higher pre- Our servicemembers and diplomats Afghan moment. Every candidate, miums, canceled plans, and the loss of have for years trained and assisted, and every soldier, every election monitor, doctors and hospitals they like as a re- that training is paying off as is shown every citizen must do their part to en- sult of this law. ObamaCare is definitely real to mid- every day. We also have numerous ex- sure the success of this transition. dle-class families whom we represent. amples of Afghan interpreters who Finally, as the Afghans transition, so If our friends on the other side want to have assisted our servicemembers in do we—so do we. The congressional action that authorized our military pres- make the pain of this law go away, that training, and we cannot forget they can work with us to replace it them. ence in Afghanistan was passed in this body on September 14, 2001, nearly 13 with smart, bipartisan reforms. They The Afghan forces will not face the are trying to wish away their own challenges of this week, the electoral years ago. With our combat mission in Afghanistan coming to an end with ObamaCare law or are simply pre- challenge, or the challenges beyond tending it is not there. That is not alone. The future of Afghanistan is not this election and a peaceful transition, with the transition of American mili- going to work. The American people a military challenge alone. It rests deserve a law better than that. upon security throughout civil society, tary participation to a train, assist, INNOVATION AND OPPORTUNITY and these elections are a pivotal mo- and advise role, this 13-year effort is now transitioning to something new We will be having a vigorous debate ment but not the only pivotal moment. this week in the Senate about how to The commitment of the United that will be the subject of that bilateral security agreement. create jobs and rebuild the middle States to Afghanistan continues. In class. On the one side our good friends 2011 we signed a strategic partnership We haven’t been able to have a welcome home party for all of our Amer- the Democrats will be offering more of agreement. We designated Afghanistan the same. They will propose treating as a major non-NATO ally of our coun- ican service men and women who served in Afghanistan because the op- the symptoms instead of meaningfully try. There is a text that is complete of improving the prospects of people who a bilateral security agreement out- eration was ongoing. It is my hope this transition in Afghanistan, which will are struggling out there. lining our willingness to train, advise, On the other side Republicans will be also transition our role, will enable us and assist in this mission beyond 2014. proposing concrete ways to break the I am confident it will be signed once to have one of those pivotal expres- cycle of unemployment and hopeless- the new government takes place. sions of American pride. We have all ness that pervades the Obama econ- One of the reasons I am confident is seen the pictures of V-E Day and V-J omy, ideas aimed at helping people that all of the candidates for the Presi- Day, when the American Republic cele- reach their true potential and build a dent of Afghanistan are engaged in a brated the end of a period of sacrifice better life for themselves. The Repub- civil debate, and they are being asked of our service men and women. This is lican message is all about innovation what they think about the role of the a period of sacrifice that has been and opportunity and making it easier United States, and they are all com- going on longer than any war in the for more people to join the ranks of the mitted to the United States playing history of this country. It is my hope middle class. It is about reforming the this new role as they transition their that while we will continue to work to- underlying causes of unemployment in- democracy with this peaceful transfer gether with the Afghans, we may reach stead of just perpetually treating the of power. a moment where we can celebrate, we symptoms. It is about how we create Finally, a word about what is at can acknowledge this transition, and jobs for the future that will allow stake because it is not just about the say welcome home and thank you to Americans to do a lot more than sim- statistic, it is also and most impor- all the American service men and ply pay their bills. Republicans will tantly about individual lives. women who along with their families offer a series of jobs amendments this Just 3 months ago in January, Colo- have given so much in the last 13 years. week that underline our determination nel Jamila Bayaz, a 55-year-old mother With that, I yield the floor. to reorient America’s economic trajec- of five, became the first woman to be RECOGNITION OF THE MINORITY LEADER tory. We want to lift our country from appointed a police chief in Afghani- Mr. MCCONNELL. Mr. President, I stagnation to growth, from hostility stan. At her promotion ceremony she would ask to proceed on my leader toward enterprise to an embrace of in- said she would not have achieved her time. novation, and from a system rigged by position but for the efforts of the The PRESIDING OFFICER. The Sen- government elites for their own benefit United States and the international ator has that right. The Republican to one that can actually work for the community. leader is recognized. middle class again. In a letter that same month to Presi- FINAL FOUR Americans will hear two competing dent Obama, over three dozen civil so- Mr. MCCONNELL. Mr. President, we agendas this week: on the one hand, a ciety Afghan leaders stated as follows: all know a huge percentage of Ameri- tired, government-centered Democratic cans across the country filled out their Over the coming years, Afghanistan will be agenda designed by and for ideologues completing its political and security transi- brackets a couple of weeks ago to get of the left; on the other, a modern, en- tions as the foundation for the future that ready for March Madness. Now it is terprise-oriented Republican agenda we seek. It is our sincere hope that the peo- down to the final four, and once again designed around the hopes and poten- ple of the United States, who were with us the University of Kentucky is in the tial of the middle class.

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.021 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1851 This is a debate Republicans wel- Street Journal last weekend. It is enti- had seen a ‘‘marked increased’’ in enrollees come. It is one we have been waiting to tled ‘‘Health Insurers Make Late Push younger than 34. Blue Cross & Blue Shield of have for a very long time, and we hope to Enroll Young People’’ with respect Rhode Island said its fastest-rising segment in March has been people ages 22 to 40. Washington Democrats will actually be to the Affordable Care Act. The signups Florida Blue Senior Vice President Jon serious this time when they say they topped the Congressional Budget Of- Urbanek said ‘‘younger people are signing want to focus on jobs because every fice’s target ahead of the March 31 up,’’ but the insurer doesn’t know if that will time they say that, they keep getting deadline. move the dial in a customer pool that had distracted and pivot to other issues. I was particularly pleased by the been ‘‘skewing older than we anticipated.’’ Here is something else we need to ex- comments from insurance executives Medical Mutual of Ohio said its enrollment pect from the majority: votes on in Pennsylvania, Rhode Island, and through the health-care marketplace has amendments for positive reform. The Florida. They all talked about how gotten younger each week, and the average age is now a decade below where it was when American people deserve at least that more younger people are signing up, enrollment kicked off in October. But, the much. After so many years of failure, which, of course, is key to what we all company said, the average is still eight years the middle class deserves the chance want to do in terms of bipartisan ap- older than the company projected when it for something better. Remember, there proaches that strengthen the role of set prices for 2014. are nearly 4 million Americans who private health care in America. Insurance officials also caution that age have been unemployed for 6 months or I would like to have this article doesn’t always indicate health status-younger people may have serious, expensive condi- longer. These Americans deserve to printed in the RECORD so my colleagues have a Congress that is committed to tions, while some older people rarely need can read the remarks of Highmark, medical services. Age is a ‘‘pretty good pre- making it easier, not harder, to create Inc., a major health plan based in dictor,’’ said Tom Snook, an actuary with jobs. Pittsburgh. Blue Cross & Blue Shield of Milliman Inc. who works with insurers offer- Let’s have this debate. Let’s vote on Rhode Island said their fastest rising ing plans on public exchanges, but ‘‘it’s not Republican jobs amendments, and let’s segment in March was people ages 22 to even close to a perfect measure.’’ give some hope again to the middle- 40. Florida Blue senior vice president So far, insurance carriers have limited in- class families who have suffered for en- Jon Urbanek said, ‘‘Younger people are sight into the health needs of their new en- tirely too long. signing up.’’ rollees. Under the law, insurers can’t deny I yield the floor. coverage or charge higher prices based on I think all of this indicates—as far as health status, and enrollees need to provide The PRESIDING OFFICER. The Sen- private sector health care is concerned, only limited information, including age, ator from Oregon. which we all sought to promote in con- when they sign up through the market- Mr. WYDEN. Mr. President, I would nection with this—that more younger places. Enrollees must start the process of like to respond to the Senator from people are signing up for these plans. choosing a plan by March 31 to avoid pen- Kentucky by again making it clear Also, in response to my friend from alties. The Obama administration has ex- that it is my interest to work very Kentucky who asked about the jobs tended a grace period to complete enrollment even after the deadline. closely with colleagues on the other agenda, Senator HATCH and I have been side of the aisle on these health care As the deadline looms, it isn’t clear just working very constructively together how broad the uptick in youth sign-ups has issues, and that is why we took the on efforts to go forward in the Finance been. HealthMarkets Inc., a health-insurance proposal Senator HATCH had for repeal Committee—which could even begin agency, said its age balance for enrollees and replace on Medicare as the base this week—to deal with the tax extend- hasn’t changed in recent weeks. EHealth bill. It is why I spent a lot of time ers. Tax extenders are particularly im- Inc., which tracks the average age of indi- working with colleagues on the other portant for the jobs Senator MCCON- vidual purchasers of nonmarketplace plans side of the aisle on Medicare Part D NELL seeks—as he mentioned in his re- through its site, shows it flat in recent and trying to make sure it could be im- marks—to get some traction. We will weeks. GoHealth LLC, another major health- plemented well. insurance site, said it had seen an increase in be talking about an extension for the young customers. What was striking was that a lot of research and development tax credit, To prod a big final wave, insurers, ex- the stories about Medicare Part D in which is key for innovation. We will be changes, health-care providers and others the first couple of months resembled talking about jobs and renewable en- are amping up their enrollment push with a the stories we are now seeing about the ergy and jobs for veterans. This is the blitz of countdown ads and events. Blue Affordable Care Act. The Congressional kind of jobs agenda we are pursuing in Shield of California is sponsoring events Budget Office has made the comment the Finance Committee. across the state, including sign-ups this weekend at all 42 stores of a Southern Cali- that Part D has come in more than 25 There being no objection, the mate- percent less in terms of projected costs fornia grocery chain with many Hispanic rial was ordered to be printed in the customers. Land of Lincoln Mutual Health than what CBO saw years ago. RECORD, as follows: Insurance Co. in Illinois parked a tractor- We are going to work in a construc- [From the Wall Street Journal] trailer emblazoned with its orange logo out- tive way. I hope we will not see a push, HEALTH INSURERS MAKE LATE PUSH TO side a hospital sign-up event on Friday. for example, to repeal the Affordable ENROLL YOUNG PEOPLE Health plans are particularly hoping to reach ‘‘young invincibles’’ like Trevor Care Act because if you do that, you (By Anna Wilde Mathews and Christopher will go back to the days when health Dawes, a 23-year-old apprentice plumber Weaver) from the Queens borough of New York City care in America was for the healthy Insurers are pressing ahead with a final and the wealthy because you would who said he is planning to shop for a plan marketing push to bring as many young, through New York’s insurance marketplace again allow discrimination against healthy customers as possible onto their this weekend, ahead of the deadline. He those with a preexisting condition. The rolls and buttress a recent surge in health- learned recently from a video on Facebook Affordable Care Act has air-tight pro- law enrollments. that he could face penalties for going with- tection for those who have a pre- The flood of late sign-ups that helped boost out insurance, which he hasn’t had for about existing condition, and if you repeal the marketplace total to six million enroll- a year. ‘‘I’m healthy, and I didn’t even know the Affordable Care Act, you would ees, a key milestone for the Obama adminis- it was important,’’ he said. tration, has also brought some insurers an Arches Health Plan in Utah plans to keep simply go back to those days. uptick among younger people. But it isn’t Working with colleagues in a bipar- up its push past March 31 to capture late fin- clear if the trend is broad enough to balance ishers. ‘‘We’re going right up to the bell,’’ tisan way on strengthening the health out an earlier skew toward older enrollees, said Shaun Greene, the company’s chief op- care system and our economy—abso- who are more likely to have costly ailments. erating officer. lutely. But turning back the clock on ‘‘We are seeing our average age come down Independence Blue Cross, which sponsored vital consumer protections, such as every week, so it’s clear that younger people a contest to create short digital films about protecting our people from discrimina- are starting to come into the pool,’’ said health insurance, is turning the lobby of its tion against preexisting conditions, is Wayne DeVeydt, the chief financial officer of downtown Philadelphia headquarters into an something that I think would be a huge WellPoint Inc. ‘‘What isn’t clear yet, though, enrollment site this weekend and Monday. is, did it come down enough.’’ WellPoint has The insurer said the average age of its en- mistake. said the demographics of its sign-ups have rollees has dropped by 1.5 years since Janu- Mr. President, I ask unanimous con- generally matched its projections. ary. sent to have printed in the RECORD an Highmark Inc., a major health plan based Arches will sport sign-up tables at three article that appeared in the Wall in Pittsburgh, said in recent weeks that it Utah Jazz basketball games in the first

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.023 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1852 CONGRESSIONAL RECORD — SENATE March 31, 2014 weeks of April. Mr. Greene has enlisted his When Jim won his election, he hired The bill the chairman brings to the 17-year-old son and some of his son’s football Alan to work in his Kokomo, IN, office floor today—the bill that establishes teammates to blanket cars in Wal-Mart helping constituents on matters re- the so-called doc fix, the repair and re- parking lots Friday with fliers bearing slo- gans such as ‘‘Peace of Mind Is Priceless.’’ lated to military and veterans affairs. imbursement issue—has an important It was a good fit. Alan grew up in a provision in it that allows us to look at With that, I yield the floor. The PRESIDING OFFICER. The military family. His dad, Phillip ‘‘Bud’’ those individuals who have these men- Democratic time has expired. Bruce, was a career Air Force man. In tal health behavioral illnesses and Mr. DURBIN. Mr. President, I ask 1989 Alan moved to Washington to begin to treat them, in eight pilot unanimous consent to speak for 5 min- work in Congressman Jontz’s DC office States, like any other illness. utes as in morning business. as system administrator. Managing a When Senator STABENOW and I intro- The PRESIDING OFFICER. Without congressional computer network in duced the Excellence in Mental Health objection, it is so ordered. those days was a lot different. The Act in February 2013, our goal was to TRIBUTE TO ALAN BRUCE Internet was still an obscure tool used be sure that federally qualified centers, Mr. DURBIN. Mr. President, I wish to mostly by elite researchers. People such as behavioral and mental health take a moment to thank a longtime didn’t have email. Back then, high-tech clinics, which met the proper standards member of my staff who is leaving the communications meant fax machines. could offer mental health treatment Senate after 27 years of service to Con- Computers were used mainly for keep- like any other kind of health treat- gress. Alan Bruce is not technically ing lists—data entry. Cell phones were ment. from Illinois, but he is from Indiana— a perk of just the wealthy few. Almost This bill, which we will vote on later in this case, close enough. The fact is no one had ever heard of Web sites, and today, includes a provision which al- that he served the people of Illinois in smart phones, YouTube, Twitter, and lows the country to have a 2-year pilot an extraordinary way during his time Flickr—nobody even imagined what in eight States. Those eight States on Capitol Hill. that meant. aren’t designated in the legislation. For the last 22 years Alan has been Alan joined my staff as systems ad- The States themselves would step for- my systems administrator. He joined ministrator in 1992. To give a sense of ward and say if they want to be a part my staff in 1992 when I was a Member how dramatically his world changed, of this. of the House and moved with me to the consider this: In 1997, my first year in Certainly when we introduced this Senate in 1997. He is the person most the Senate, I received 30,000 pieces of legislation in February 2013—supported responsible for keeping my offices in Il- mail—that is real mail—through the from the very start by Chairman linois and Washington connected elec- U.S. Postal Service. Last year my of- WYDEN, who has just become chairman tronically to each other and to the fice received 600,000 pieces of mail, and of this critically important Finance world outside the Senate. He oversees only about 2 to 3 percent went through Committee—we did it looking at the our network of desktop and laptop the post office; the rest were emails. reality that people’s lives have changed computers, BlackBerrys, cell phones, However constituents reach out— and the people they impact have and all the rest. whether by the postal service or changed. Over the years, he taught me a lot of email—Alan works with the rest of my One of the things that moved the things, and there was a lot to learn, ev- staff to make sure their letters are an- Senate toward talking about mental erything from how to make my com- swered. health was some of the violent trage- puter work, dealing with email, saving The technological revolution is only dies we have had in the country in re- a digital photo, and how to Skype. He one of the big societal changes Alan cent years. In fact, after the Sandy has been a good teacher and a hard- has taken part in in the last 25 years Hook tragedy in December—a year working, loyal member of my staff. on Capitol Hill. Alan was an early lead- ago—the committee that deals with In an age when most people change er in Congress among staff to end these issues had a hearing on mental employers and even careers repeatedly, workplace discrimination against les- health in January 2013. It was the first Alan is unusual. The U.S. Congress is bian and gay congressional staffers. In hearing on mental health since 2007. the only employer he has had since he the early- to mid-1990s, he was an early For whatever reason, these are issues graduated from Cumberlands College— board member of what was then called that, as a society, we have not wanted now the University of the Cum- Lesbian and Gay Congressional Staff- to deal with in a way we could. berlands—in Williamsburg, KY, in 1986. ers Association. The association held As I mention these violent tragedies, He didn’t plan to come to work on Cap- frequent brown-bag lunches to brief I want to be sure to say that people itol Hill. Six weeks after he graduated other staffers on issues of importance who have a behavioral illness are much from college, he was getting ready for to lesbian and gay Americans, includ- more likely to be the victim of the an interview to become a manager of a ing the don’t ask, don’t tell policy and crime than the perpetrator of the Radio Shack in Fort Wayne, IN. the Federal Defense of Marriage Act. crime. Even when saying that, we On the morning of the interview, his Today, both don’t ask, don’t tell and know that the one consistent issue in mom said: You don’t really want to do DOMA are history. Federal employees these tragedies over and over in this this, do you? who are legally married to same-sex country and other countries is that Alan said: No, I really don’t. My spouses receive the same Federal privi- somebody has a behavioral illness that heart is not in it. leges and responsibilities as other mar- has not been dealt with, somebody has Well, that day happened to be Satur- ried Federal workers. a clear need, and no one has reached day. It was also the day of the annual As Alan prepares to start the next out to meet that need. Circus City Days parade in Alan’s phase of his life in sunny Tampa, FL, I In pursuing the Excellence in Mental hometown of Peru, IN. Alan canceled want to thank him again both for keep- Health Act and now pursuing this pilot his interview at Radio Shack, and he ing my office connected to the larger project for eight States, the law en- and his mom instead went to the pa- world and, of course, to the State of Il- forcement community has been widely rade. Working the parade line that day linois and for keeping the U.S. Con- supportive of dealing with these chal- was a new candidate for the House of gress as an employer, moving toward lenges when we can deal with these Representatives—a man who would the American ideal of equality and jus- challenges at locations that people later become a friend of mine when we tice for all. want to go to create maximum accessi- served together. His name was Jim I yield the floor. bility and fully qualified locations. Jontz. Jim introduced himself to Alan The PRESIDING OFFICER. The Sen- The veterans community—unbeliev- and Alan’s mother and learned that ator from Missouri. ably responsive. The Iraq and Afghani- Alan just graduated from college and, Mr. BLUNT. Mr. President, according stan veterans community was in Wash- in fact, was looking for a job. Radio to the National Institute of Mental ington last week dealing with mental Shack’s loss was Congressman Jontz’s Health, approximately one in four health challenges. This was their No. 1 gain—and my gain as well. A few days adults suffers from a diagnosable men- priority. We just had a news conference after that parade Alan was working as tal health disorder that could be treat- here in the building and somebody a volunteer driver for Jim’s campaign. ed if diagnosed and treated properly. from that group was once again with

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.001 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1853 us, as they have been since February of been achieved in the way I believe the physician reimbursement structure in 2013. The community that supports country 50 years ago had hoped to see Medicare. We have a bipartisan pro- mental health and looking for mental them achieved. But this legislation posal. That bipartisan proposal will re- health solutions has been widely sup- today includes a significant step toward proper delivery of care. portive of what we are trying to do. ward that goal set half a century ago— It also takes care of the therapy caps The House passed this legislation. It still unrealized—that allows us to do and others of the health care extend- is legislation we worked on—House things as a country we wouldn’t other- ers. I mention that because Senator Members, Senate Members, bipartisan. wise be able to do. COLLINS and I have been working for a One of the House Members, Dr. TIM Senator STABENOW has been a great long time to try to get a permanent re- MURPHY, a psychiatrist who under- partner in this legislative effort, a placement to the arbitrary cap on ther- stands these issues, not only was sup- great advocate for this effort. Our bi- apy services. That was also put in the portive of what we were doing but we partisan friends in the House have as 1997 BBA—Balanced Budget Act. That became supportive of what he was well. I look forward to a successful put an arbitrary cap on therapy serv- doing when he was advocating for peo- vote today so we can see this impor- ices, so the more severely a person is ple who have a behavioral illness—peo- tant step move forward. injured, the more severe a person’s ill- ple having mental illness who are in- I yield the floor. ness, the less services they will be able volved in a nonviolent crime—that The PRESIDING OFFICER. The Sen- to get that they need in order to be dealing with their illness rather than ator from Oregon. able to take care of the illness or in- incarcerating the individual is the bet- Mr. WYDEN. I ask unanimous con- jury. That makes absolutely no sense ter approach that should be available sent that Senator CARDIN be yielded 5 at all. So we fixed it. to law enforcement, to judges. That is minutes at this time to address the Why are we debating this, with an important part of what we are SGR. strong bipartisan support? Because doing. The PRESIDING OFFICER. Is there there are two proposals out there. One The Excellence in Mental Health Act objection? is the proposal Senator WYDEN brought was originally cosponsored by a bipar- Without objection, it is so ordered. forward that fixes the problem, that tisan group of 25 Senators. It has been The Senator from Maryland. substitutes a rational system, and it is supported by 50 mental health organi- Mr. CARDIN. Mr. President, I thank paid for. I could argue it has been paid zations, veterans organizations, law en- Senator WYDEN for his leadership in for many times over. It has been paid forcement organizations. It creates a fixing this reimbursement structure for because we have already passed place where people’s needs are met. under Medicare. I thank Senator BLUNT patches that have been paid for—$153 The demonstration project would allow and Senator STABENOW for their leader- billion. That is more than this perma- community mental health centers an ship on the mental health demonstra- nent fix costs. Who has paid that $153 opportunity to increase the types of tion program that is in this—whatever billion? It has been clinical labs; it has services they provide within and to bill we pass it will be in—because it is been skilled nursing facilities; it has their local communities by providing a absolutely essential we address the been community health. All have paid similar rate under Medicaid that feder- growing problems in our community for a problem they didn’t create within ally qualified centers receive for pri- health networks. So I thank both of the Medicare system. This has been mary care services. This is something them for their bipartisan leadership. paid for already. It has been paid for al- we have been talking about for a long The current way we reimburse physi- ready many times. It is current policy. time. It allows government to begin to cians under Medicare is broken. The No one expects us to go off the cliff. treat these behavioral challenges ex- SGR system has been broken since it Senator WYDEN, in an effort to try to actly as we treat other challenges—to was passed in 1997 as part of the Bal- deal with this in an upfront way—CBO have a healthy body, a healthy mind, anced Budget Act. We have had 16 tem- is now scoring this proposal to be a little over $118 billion. That is a bargain all in one person, all in one spirit, all porary patches to the SGR system, and considering just a couple of years ago treatable. it has created uncertainty not just This provision in this bill that comes among the medical community as to it was $300 billion over a 10-year period. before us today I think is the beginning what the reimbursement rate will be I remember in 2005, I filed a fix of this of a significant change in how we look for Medicare patients, but it has caused bill with then-Congressman Clay at helping people change their lives. It uncertainty among Medicare patients Shaw—bipartisan bill. It scored at $50 is the beginning of a significant change as to whether they know their doctor billion. This has been paid for many in looking at mental illness as though will be there to treat them for their ill- times over. I ask unanimous consent to speak for it is any other illness. I believe we are nesses. If we don’t fix the problem and 2 additional minutes. going to see a good response to this on let it go off the cliff, we will see a 24- The PRESIDING OFFICER. Is there the floor today as we vote. More impor- percent cut in reimbursements to phy- objection? tantly, I think we are going to see a sicians under Medicare. That is not Without objection, it is so ordered. number of States that are incredibly sustainable. As we know, it would af- Mr. CARDIN. I thank the Chair. interested in being one of these eight fect access for our seniors and the dis- Senator WYDEN, in an effort to try to pilot States that will allow that to abled to their doctors. We have to fix accommodate everyone here, said, OK, happen. I certainly hope Missouri turns this problem. It expires today, March we will take the cost savings that are out to be one of those States. Clearly, 31. So we have to take action. already in the House bill—I could argue our State has been a leader in so much, We have two choices. One is we could that really has nothing to do with the including mental health, first aid. take advantage of the opportunity to physician problem, but it is one I think Many of our federally qualified clinics not just make sure we don’t go off the we could agree on so we have real cost have added behavioral help. Many of cliff but to actually fix the problem. savings of over $20 billion that Senator our community clinics have added a That is what Senator WYDEN has been WYDEN has put in this bill. He said, we level of service that this law would an- able to put together, with Senator have these scored savings under the ticipate we need to have to meet com- HATCH and with our colleagues in the contingency operations; let’s use that munity needs. I certainly have worked House—a replacement that will actu- if people feel we have to have an offset, closely with the Missouri Coalition of ally work, that will actually reward even though we have already paid for it Community Health Centers. They just physicians for taking good care of their over and over again. celebrated their 35th anniversary and patients by managing their care, by So we have two options: Another they are very excited about this legis- bringing down the costs of health care, temporary fix with continuing uncer- lation. by managing our delivery system, tak- tainty, continuing this problem down Senator STABENOW and I were on the ing high-cost patients, treating them the road, asking those who didn’t cause floor the last day of October, the 50th so their illnesses are treated, but also it to pay for it, even though it has al- anniversary of President Kennedy sign- done in a more cost-effective way. That ready been paid for before or we could ing the Community Mental Health Act. is what the replacement would do if we really take care of it and tell our med- Many of the goals of that act have not could pass a permanent fix to the SGR ical community: Let’s work on other

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.029 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1854 CONGRESSIONAL RECORD — SENATE March 31, 2014 issues to improve our health care sys- we don’t have. It is not a legitimate interest and the surge in our debt—this tem rather than coming here every pay-for. So here we are again, pro- assumes that we will adhere to the year and asking for a temporary exten- posing to bust the spending limits. Budget Control Act and the Ryan-Mur- sion of the Medicare physician reim- This is the behavior of a profligate ray agreement, which this bill busts bursement structure and not allowing Congress. and violates. It is not the first time, the SGR system to take effect. Those How many of our Members were run- and it will not be the last. They are are the two options we have. ning for office 2 years ago, 4 years ago, going to come back again and again So I come here to thank Senator 6 years ago, and they were talking to and again with gimmicks and viola- WYDEN for putting forward a proposal their constituents and they said that tions because people in our Congress that would fix it, that would really do Congress is spending us into bank- are unwilling to take the heat to find it, so we wouldn’t have to come back ruptcy; they are irresponsible; they real offsets. again next year, so Congress could won’t even write a budget; they spend, So we should keep that in mind as we really get something done. It is bipar- spend, spend; they don’t worry about consider this or any other legislation tisan, bicameral. The fix has already the deficit. The country is going into that will increase the amount of money been signed off by the House and the too much debt. we have to borrow. Senate. Senator WYDEN has come up How many have said that in their I would like to call attention to three with a plan that allows us to be fiscally campaigns—when I get there, I am specific ways the proposed legislation responsible. going to do something about it. And violates spending and deficit limits. I urge my colleagues to go down the what do they do when they get here? Each of these are points of order that path of fixing the physician reimburse- Some of our Members say, Oh, we have lie against the bill confirmed by the ment structure so we can take that un- to take care of the doctors. And we do majority on the Budget Committee. certainty out of the Medicare law, do need to do that. But there is waste, What I am saying is, each of these what is right for our Medicare bene- fraud, and abuse and savings through- three points I am raising now represent ficiaries so they have the certainty of out this $4 trillion budget of ours that points of order; in other words, the their care under Medicare, and do it in we could use to reduce that spending Budget Committee has ascertained a fiscally responsible way. legitimately to pay for what we need to that they violate the budget. We spend Mr. President, I yield the floor. do for our doctors. more than we are allowed to spend. The PRESIDING OFFICER. The Sen- That is what we agreed to do when So No. 1, a $17.6 billion increase in ator from Alabama. we passed the Budget Control Act. the on-budget deficit over the 5-year Mr. SESSIONS. Mr. President, I ap- That is what the Budget Control Act period from fiscal year 2014 through preciate the work of Senator WYDEN did. The Budget Control Act in 2011 2018; and a $9.5 billion increase in the and others on this problem. It is a mat- said this. The President signed it. It on-budget deficit over the 10-year peter we need to fix. passed both Houses of Congress. It had riod of 2014 through 2023—$9.5 billion. The Senator from Maryland said the Democratic and Republican support. No. 2, spending in excess of the top fix is signed off by the House too, so I The Budget Control Act says over the line total in the Ryan-Murray levels guess we are supposed to know the fix next 10 years we are projected to infor fiscal year 2014. We just passed is in. We are just going to take care of crease spending by $10 trillion; but we Ryan-Murray in December. The Presi- the doctors who need their money and are going to be more frugal than that, dent signed it in January. This is going we are not going to pay for it. We are we are only going to increase spending to add $6.1 billion more than we just not going to do it within the budget, by $8 trillion. So spending would in- agreed to spend in fiscal year 2014. again. crease by $8 trillion. Oh, well, that is not a problem. I say As ranking member of the Budget What happens? As soon as it begins it is a problem. I say it is the way a na- Committee, I feel I have a responsi- to bite a little bit, and we are chal- tion goes broke. bility to report to this body the plain lenged to make some priorities and to How about this? Spending in excess financial truth about the legislation decide, for example, how we are going of the Finance Committee’s allocation. that comes before us. The bill offered to help our doctor friends—who do need The committees are allocated so much by our Democratic colleagues is worse some relief—what do we do? We just money. They are not entitled to spend than this one. I guess this is a Reid- violate the agreement, we spend money above the allocated amount. So this Boehner bill that is before us now. But we do not have, and we say somehow it spends $6.1 billion in budget authority the Democrats’ bill would claim to pay is paid for. That is what brought us the and outlays in fiscal year 2014—this for it with OCO—the Overseas Contin- Ryan-Murray deal and now we are re- year we are in—above the Finance gency Operation—which couldn’t be writing that agreement. Senator MUR- Committee’s allocation. anything worse than the pay-for in this RAY agrees that this legislation cur- The PRESIDING OFFICER. The Sen- bill. rently before us violates the budget ator’s time has expired. The Reid-Boehner doc fix legislation and is not paid for. Mr. SESSIONS. Was there a time we are about to consider violates the So last year we borrowed—think agreement, Mr. President? spending limits we passed in December, about this—$221 billion just to pay the The PRESIDING OFFICER. There is the Ryan-Murray-raised spending lim- interest on our debt. We have a debt of an order to go to executive session at 5 its—by $6 billion only 3 months after $17 trillion. We have to pay interest on o’clock. Would the Senator like to ask those limits were signed into law. it, colleagues—surely we all know a unanimous consent request? Think about that. Bloomberg News re- that—and it was $221 billion last year. Mr. SESSIONS. Mr. President, I ask leased an analysis today concluding Federal aid to education is $100 bil- unanimous consent for 2 additional that: lion. The Federal highway bill is $40 minutes, and I will wrap up. Since December 2013, the Republican House billion. We spent that much on interest The PRESIDING OFFICER. Is there and the Democratic Senate have approved last year alone. But the worst news is, objection? more than $40 billion worth of spending ‘‘off- the Congressional Budget Office tells Hearing none, it is so ordered. sets’’ in the form of cuts that would take us that 10 years from today our inter- Mr. SESSIONS. I thank my cour- place in 2023 at the earliest or timing shifts est cost will surge to $880 billion a year teous colleagues. in policy to bring savings into the 10-year annually. That is more than $5,000 in Maya MacGuineas, at the Committee window. interest payments for every American for a Responsible Federal Budget—a In other words, Congress has worker—$880 billion. Can you imagine well-respected group—was quoted as gimmicked an additional $40 billion in that? That is over $400 a month for the saying, ‘‘We are disheartened that, new spending in just a few months average worker that pays taxes in even in a 12-month ‘doc fix,’ the legis- since Ryan-Murray was passed. That is America. That is how much their share lation under consideration would use a just what it is. The Budget Committee is going to have to be raised in taxes to budget gimmick to offset a portion of and Chairman MURRAY, our Demo- pay the interest in 1 year. its costs. . . . Specifically, a portion of cratic chairman, has already ruled it What do I say about that? This as- the bill’s ‘savings’ are achieved by sim- violates the budget. It spends money sumes, colleagues—this $880 billion in ply shifting sequester savings set to

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.030 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1855 occur in 2025 into 2024, within the Con- The PRESIDING OFFICER. Objec- For example, in Missouri, many cur- gressional Budget Office’s scoring win- tion is heard. rent community mental health centers dow, but this has zero actual impact on Ms. STABENOW. Thank you, Mr. have partnered with community health the debt. . . . Congress should remove President. I am thrilled to be here centers in their area. This has worked the phony savings in this bill and re- today as the Senate gets ready to send well for Missouri providers and allows place them with real cuts or shorten a proposal that I have been working on patients an excellent opportunity to the duration of the ‘doc fix.’ ’’ for several years now to the President receive coordinated care. If these pilot That was an objective analysis of it. for signature. The proposal, which is projects prove successful, which I be- So, Mr. President, that being the based on my bill, the Excellence in lieve they will, it is my hope we would case, the pending measure, H.R. 4302, Mental Health Act, will improve qual- see these programs continue and ex- the Protecting Access to Medicare Act, ity, expand access, and ensure greater pand to other States, so other patients would violate the Senate pay-go rule coordination in the delivery of mental can benefit from higher quality serv- and increase the deficit. Therefore, I health services through community ices in their communities. raise a point of order against this mental health providers, creating an I would like to yield back to Senator measure pursuant to section 201(a) of important leap forward in ensuring STABENOW to ask her to talk about the S. Con. Res. 21, the concurrent resolu- mental health parity. role she envisions States should play in tion on the budget for fiscal year 2008. Specifically, this proposal establishes the application process. The PRESIDING OFFICER. The Sen- an eight-State demonstration program Ms. STABENOW. I thank Senator ator from Oregon. where the appropriate State agencies BLUNT for his thoughtful response and Mr. WYDEN. Mr. President, pursuant in the States that participate will cer- for his question. I could not agree with to section 904 of the Congressional tify that community mental health him more. From the earliest iterations Budget Act of 1974, the waiver provi- providers meet new high standards and of our bill and through our conversion sions of applicable budget resolutions, I offer a broad range of mental health to a demonstration project, we have move to waive all applicable sections services like 24-hour crisis psychiatric fought to make sure that this is a of that act and applicable budget reso- services. These services can then be ground-up approach where the local lutions for purposes of the pending bill, adequately reimbursed under Medicaid communities, advocates, and patients and I ask for the yeas and nays. just as Federally Qualified Community work with the appropriate State agen- The PRESIDING OFFICER. Is there a Health Centers are reimbursed for com- cies to explain what the needs are and sufficient second? prehensive primary care services. where the needs are, and then to have There appears to be a sufficient sec- Now, I was incredibly fortunate to these groups come together to con- ond. work closely with several of my col- struct a State-specific approach to pro- The yeas and nays were ordered. leagues from both sides of the aisle on viding for those needs. The PRESIDING OFFICER. The Sen- this bill. But no one played a more im- What our demonstration project does ator from Oregon. portant role than my friend from Mis- not intend to do is to create a top-down Mr. WYDEN. Mr. President, I now souri, Senator BLUNT. Whether it was approach where States draft proposals ask unanimous consent to make a fighting on behalf of his constituents without comprehensive input from unanimous consent request. struggling with mental illness or work- local communities to create a partner- The PRESIDING OFFICER. Is there ing with our Republican colleagues in ship with community mental health objection? both the Senate and House to garner clinics, federally qualified health clin- Hearing none, it is so ordered. support, he was there every step of the ics, and VA outpatient centers, nor Mr. WYDEN. Mr. President, I ask way. does our approach intend to permit unanimous consent that notwith- I would like to yield to my colleague State legislatures to put obstacles in standing the previous order with re- from Missouri for a question. Specifi- the way of communities receiving the spect to H.R. 4302, following disposition cally, I would like to hear what role he care and services they know they need. of the Owens nomination, when the believes the community, meaning com- That type of approach simply adds Senate resumes legislative session, the munity behavioral health clinics, advo- more bureaucracy between patients Senate proceed to the consideration of cacy groups, and families with loved and the care they need. If we are to Calendar No. 336, S. 2157; that the sub- ones struggling with mental illness, achieve the true aim of our demonstra- stitute amendment, which is at the will—and should play—in the develop- tion project, it is simply critical that desk, be agreed to; that the bill, as ment of this demonstration project. communities be intimately involved in amended, be read a third time and the Mr. BLUNT. I thank the Senator for the planning and application process. Senate proceed to vote on passage of her work on behalf of her constituents Which leads me to my final question the bill with no intervening action or in Michigan and all people struggling for my friend. Our proposal lays out a debate; and that upon disposition of with mental illness. She is a strong ad- demonstration project that happens in the bill, the Senate resume consider- vocate and I am very pleased we were phases. First, no later than September ation of H.R. 4302 as provided under the able to work together on this impor- 1, 2015, Health and Human Services previous order. tant issue. As she mentioned, this dem- must publish criteria for a clinic to be The PRESIDING OFFICER. Is there onstration program will allow commu- certified as a community behavior objection? nities to improve the amount and qual- health center and it must issue regula- The Senator from Utah. ity of mental health services available tions describing how the program will Mr. HATCH. Mr. President, I have to to those suffering from mental illness. work for States selected to participate. raise some objections, so I object. As Senator STABENOW and I have con- Then, no later than January 1, 2016, The PRESIDING OFFICER. Objec- structed this program, it is our strong planning grants will be issued to States tion is heard. and clear intent to ensure this dem- interested in exploring participation in Mr. HATCH. Mr. President, I ask onstration project is driven by the the demonstration project. States are unanimous consent that the Senate community. Our local community selected for participation in the pro- proceed to the immediate consider- mental centers are the best source for gram no later than September 1, 2017. ation of Calendar No. 330, S. 2122, a bill learning what the needs are in commu- Finally, the recommendations are due to repeal the Medicare sustainable nities across our States and the coun- to Congress no later than December 31, growth rate offset by repealing the try. It is critical States work not only 2021. The theme here is ‘‘no later ObamaCare individual mandate. I ask with these centers, but with groups than.’’ unanimous consent that the bill be that advocate on behalf of those strug- I ask the Senator, should we encour- read a third time and passed, the mo- gling with mental illness, and the pa- age—even expect—the administration tion to reconsider be considered made tients themselves—and their families— to move more swiftly than the time- and laid upon the table. who can explain the difference that ac- frame allotted? The PRESIDING OFFICER. Is there cess to quality mental health services Mr. BLUNT. I thank the Senator for objection? makes in the lives of people struggling this important question. And I can an- Mr. WYDEN. I object. with mental disease. swer it quickly. Yes.

VerDate Mar 15 2010 04:41 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.033 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1856 CONGRESSIONAL RECORD — SENATE March 31, 2014 After hearing from countless people diabetes, heart disease or any other EXECUTIVE SESSION in our home States, we know that the physical disorder. They therefore time to act is now. We have a model should not be accepted for schizo- that works and this demonstration phrenia, bipolar disorder, severe de- NOMINATION OF JOHN B. OWENS project allows States the opportunity pression, or any other serious mental TO BE UNITED STATES CIRCUIT to try it in their communities. The illness. JUDGE FOR THE NINTH CIRCUIT dates and timeframes you mentioned I am particularly concerned about The PRESIDING OFFICER. Under for getting this program started should the high rates of suicide among our ac- the previous order, the Senate will pro- be viewed as absolute deadlines. I tive duty military and returning vet- ceed to executive session to consider would like to see things move even erans. The number of reported suicide the following nomination, which the quicker, if possible. We firmly believe— deaths in the U.S. military surged to a clerk will report. and expect—that the administration record 349 in 2012, which is more than The legislative clerk read the nomi- will work quickly to get this program the number of servicemembers who lost nation of John B. Owens, of California, off the ground. There are people around their lives in combat in Afghanistan to be United States Circuit Judge for the country who will benefit from during the same period of time. the Ninth Circuit. these services. The sooner we enact The PRESIDING OFFICER. Under The number of suicides among vet- the previous order, the time until 5:30 these pilot programs, the sooner we erans has reached an astounding rate can test the effectiveness of this p.m. will be equally divided and con- of 22 a day according to some studies. trolled between the two leaders or model. As I mentioned, I believe this These losses are simply unacceptable. model will work and am eager to see it their designees. With at least 25 percent of returning The Senator from Utah. put into place not only in eight States, veterans from Iraq and Afghanistan ex- SGR PATCH but all 50. periencing some type of mental health Ms. STABENOW. I completely agree. Mr. HATCH. Mr. President, today the condition, it is even more urgent that Senate will vote on H.R. 4302. This is a People are suffering now. Families are comprehensive mental health services suffering now. While we understand bill that will extend for 1 year the so- be available in communities across the called doc fix relating to the sustain- that the administration needs time to country. This is particularly true in implement this demonstration project able growth rate—or SGR—formula. rural states like Maine, where mental Patching the SGR has become a reg- in a sound and effective way, we are in health services may not be easily ac- ular item of business here in the Con- absolute agreement that the expecta- cessible through the VA. gress. Indeed, it is basically an annual tion is that the administration will ritual that we have to go through. work expeditiously to ensure that ac- We know that people suffering from mental illness are more likely to be From the first day the SGR went into tions are taken well in advance of effect in 2002, Congress has acted to deadlines. the victims of violence than the per- petrators. However, we also have seen prevent its reimbursement cuts to phy- I thank the Senator for his tireless sicians from going into effect in order work on behalf of Missourians and all too many tragic examples of what happens when people with serious mental to ensure that Medicare beneficiaries Americans suffering with mental ill- continue to have access to quality ness. I thank him for fighting beside illness do not get the treatment and services they need. care. me to get us here today. I know we More often than not, SGR patches would not have crossed the finish line The legislation that we are consid- have been cobbled together at the last without his efforts and for that I am ering today has been endorsed by more minute between the leadership offices grateful. than 50 mental health organizations, of both parties. They are usually Ms. COLLINS. Mr. President, the veterans organizations and law en- tacked on to larger pieces of legisla- tragic shootings at Sandy Hook Ele- forcement organizations. It takes an tion without the input of Members and mentary, the Aurora movie theater, important first step toward expanding without the benefit of going through a and the Washington Navy Yard served access to care and improving quality of committee. as wake-up calls to our Nation that ac- care so that more people living with For years this process has bothered tion must be taken to provide better mental illness can get the treatment Members of Congress who, like me, care and support for Americans living they need in their communities. want to see transparency and regular with mental illness and their families. In closing, I want to commend my order returned to the legislative proc- As an original cosponsor of the bipar- colleagues from Michigan and Missouri ess. tisan Excellence in Mental Health Act, for their tireless work to increase ac- It has also bothered seniors and phy- I am pleased that the bill before us cess to community mental health serv- sicians who are constantly worried today includes a provision, based on ices and to improve the quality of care about whether the gridlock in Congress our legislation, to establish pilot pro- for those living with mental illness. is going to finally send them over the grams in eight States to strengthen Mrs. SHAHEEN. Mr. President, I am SGR cliff. and improve access to quality commu- disappointed that we were unable to There is bipartisan support for re- nity mental health services. come together to permanently repeal pealing and replacing the SGR, or the Unfortunately, patients with serious the Sustainable Growth Rate formula, sustainable growth rate, and, to the mental conditions all too often lack and instead passed a 1-year patch to surprise of many, progress has been access to care and experience difficul- prevent reimbursement cuts for physi- made to do just that. For more than a ties obtaining appropriate and sus- cians from going into effect in April. year, a bipartisan, bicameral group of tained treatment for their illness. Over The bill the Senate passed tonight Members of Congress worked to fully the course of a year, fewer than half of repeal the SGR and replace it with those with severe mental disorders re- averts a 24 percent cut to Medicare payments that would start tomorrow, more reasonable reforms that move ceive any treatment at all. Treatment Medicare’s antiquated fee-for-service rates are even worse for children, ado- April 1. Given the potential impact of such a large cut to Medicare patients reimbursement system for physicians lescents and young people between the toward a system that rewards doctors ages of 16 and 24. This is especially and to their physicians, I supported this measure. for providing quality care based on troubling given that nearly half of all health outcomes. lifetime cases of psychiatric conditions While a patch is not the permanent I was part of that group, as was begin by the age of 14, and 75 percent solution many of us have sought, I former Senator Max Baucus. by the age of 24. voted for it because we must act to pre- Chairman Baucus and I worked for Of the 20 percent of Americans who vent these cuts from taking place. Hav- months to produce an SGR repeal bill will suffer from mental illness at some ing averted these cuts, I will continue here in the Senate. Eventually, that point in their lives, just one in five will to work for a bipartisan solution to bill sailed through the Finance Com- receive professional care. These kinds permanently repeal the SGR. mittee with broad, bipartisan support. of numbers would be totally unaccept- I look forward to working with my At the same time, the two relevant able for patients afflicted with cancer, colleagues to achieve this goal. House committees—the Ways and

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The good work that Sen- However, we were not done yet. were still some who would prefer to ator HATCH has done on this—I was not Realizing that we were close to snatch defeat from the jaws of victory the point person for the Democrats at achieving our goal, the chairmen and and set up yet another political show- that time; it was Chairman BAUCUS—I ranking members of all three relevant down destined to end in a partisan think highlights what we could be committees—that is three Republicans stalemate. moving on today. and three Democrats—decided to come Needless to say, I am glad that even- The pay-for that our former col- together to find a single unified ap- tually cooler heads prevailed, which league Senator Kyl from Arizona put proach that both parties in both Cham- brings us to today’s vote. The SGR forward several years ago is just as bers could support. patch that we will be voting on today valid as it once was. So we will con- At the time there were a lot of is not perfect. However, I am not going tinue, as Senator HATCH has described naysayers. Indeed, given Congress’s re- to make the perfect the enemy of the this afternoon, to work very closely to- cent track record, there were reasons good. The bill before us today is a gether. I am hopeful that here in the to be skeptical. good-faith effort to move the ball for- next couple of days colleagues will also However, by consulting with all the ward, thanks to the good work of see it on a vital matter relating to jobs relevant stakeholders and hearing Speaker BOEHNER and Majority Leader because the two of us are working to- their recommendations and concerns, REID. gether on tax extenders, which is for we were able to craft a policy that has What we need now is time to get this promoting innovation in our economy: near unanimous support across the done in the right way. This bill will the research and development credit, health care community. give us that. So for these reasons, I renewable energy, jobs for veterans. That is right. For the first time since plan to vote in favor of the SGR bill be- I yield the floor. the SGR was enacted in 1997, Repub- fore us today. I urge my Senate col- Mr. HATCH. Mr. President, I suggest licans and Democrats in the House and leagues to do the same. Once this legis- the absence of a quorum the Senate are united behind a policy lation is signed into law, we need to The PRESIDING OFFICER. The that gets rid of this flawed system once get back at the negotiating table. I clerk will call the roll. and for all. have no doubt that my friend, the dis- The assistant legislative clerk pro- However, we cannot get ahead of our- tinguished Senator from Oregon, as he ceeded to call the roll. selves. From the outset of this process, always has, will work with me and oth- Mrs. FEINSTEIN. Mr. President, I Chairman Baucus and I, along with our ers in order to resolve these problems ask unanimous consent that the order House counterparts, agreed that any that have arisen. for the quorum call be rescinded. legislation to repeal and replace the Like I said, there are three commit- The PRESIDING OFFICER. Without SGR must be fiscally responsible. tees with jurisdiction over the SGR objection, it is so ordered. Without any offsets, this policy issue. We all need to work together to Mrs. FEINSTEIN. Mr. President, I would add roughly $180 billion to the find a responsible path forward. Hope- ask unanimous consent to speak for 3 deficit—if we do not have offsets. If it fully, the bill that we will vote on minutes. is going to pass in both the Senate and today will put an end to the unneces- The PRESIDING OFFICER. Without the House of Representatives—and if sary distractions and roadblocks that objection, it is so ordered. we are going to maintain the same have been thrown in our path. This is Mrs. FEINSTEIN. Mr. President, I level of bipartisan support for the an important vote today. I am very want to talk about John Owens, who is package—we need to find offsets that grateful for those who are willing to the first vote, for a judgeship, particu- support what we are at least trying to both parties can support. It is kind of larly one for the U.S. Court of Appeals do. I want to thank all concerned. miraculous we have come together, but for the Ninth Circuit. No one questions I yield the floor. his qualifications. I spoke on the floor both the bilateral and bipartisan peo- The PRESIDING OFFICER. The Sen- about him before. I was proud to nomi- ple who have worked on this have ator from Oregon. agreed that we have to have solid off- Mr. WYDEN. Mr. President, before he nate him to the President. He has a sets. leaves the floor, I thank my partner sterling background and would be an In the months since we reached an from Utah for his exceptional work in excellent circuit court judge. The ques- agreement on the underlying policy, all terms of putting together a repeal and tion that arose was because of the pre- the parties involved have been working replace program and say, as I have in vious judge, a man by the name of Ste- to find suitable offsets. the course of the afternoon, that essen- phen Trott. He spent his entire legal I am not going to disparage any- tially the proposal I have talked about career in California before joining the thing. This is a difficult process. But it here today could more properly be Reagan administration. He was li- has to be done. called the Hatch-Kyl plan because the censed to practice law in California. He Despite the bipartisan good will this underlying bill is essentially the out- was supported by two Republican Sen- process has engendered, there have standing work done by the Senator ators from California for various fed- been some who were not satisfied with from Utah, Chairman CAMP, Chairman eral appointments. Blue slips for his our progress. With today’s SGR dead- UPTON, a number of Democrats, and es- nomination were sent to California line looming, there was an effort to hi- sentially takes as a pay-for what our senators. jack this bipartisan process and turn it former colleague, Senator Kyl, a con- Now what am I trying to do? I am into yet another partisan sideshow. servative by anybody’s calculation had trying to say, this was a California With an agreement in place and with in mind. judge for the Ninth Circuit. What has parties still at the negotiating table, We are going to be doing a lot of bi- happened since then is because he some of my friends on the other side of partisan work in the Senate Finance moved his home to Idaho once he was a the aisle thought it would be preferable Committee. Senator HATCH and I, as I judge, Idaho or some of the representa- to simply bring our bill to the floor and touched on earlier, are already working tives from Idaho tend to believe that, demand a vote either without offsets or on the tax extenders. I simply thought voila, this is now an Idaho seat. It is with offsets they knew Republicans that the ideas of Senator HATCH and not an Idaho seat. I explained last would not be able to support. In other Senator Kyl, two conservatives who I week that California has less than its words, they wanted to force our bipar- admire, fit quite well with the kind of proportional share of Ninth Circuit tisan policy through the Senate on a bipartisan approach that you heard Court judgeships. partisan basis and then jam the House many Senators on this side of the aisle Idaho has its fair share. Senator with it. talk about this afternoon, such as Sen- CRAPO, who came to the floor and This was, to say the least, dis- ator CARDIN and Senator WARNER. spoke about this, said nothing about appointing to me. Here we have a his- At the end of the day, I guess I will population or caseload to illustrate toric opportunity to do something that put my final remarks in the context of why this judgeship should move to

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In 2012, he rejoined I urge my Republican colleagues to home State Senators Feinstein and private practice as a partner at consider the precedent they would be Boxer. Instead, he consulted with the Munger, Tolles & Olson where he pres- endorsing if they vote against this senators from Idaho—both of whom ently works. Over the course of his nominee because of this seat’s history; were Republican senators. Judge Smith legal career, he has been counsel of and that is, if a circuit court judge in was not a Californian and did not re- record in more than 20 cases before the your State decides to move to another ceive support from the California Sen- court on which he is nominated to State in the circuit, then your State ators. When President Bush took my serve. has lost that judgeship. That is the advice and re-nominated Judge Smith Mr. Owens has the support of his precedent that not approving this to fill an Idaho vacancy on the Ninth home State senators—Senator FEIN- judge would set. Circuit at the beginning of 2007, Judge STEIN and Senator BOXER. I hope my I urge my colleagues to continue to Smith received the support of both fellow Senators will join me today to support this nominee, notwithstanding Idaho Senators and was confirmed confirm Mr. Owen’s nomination to the the opposition of the Senators from quickly. Ninth Circuit so that he can get to Idaho. The Bush administration also tried work for the American people. Mr. LEAHY. Mr. President, last to get around home State senators in Thursday the Senate voted to end the I yield the floor and I suggest the ab- Maryland to fill a vacancy on the sence of a quorum. filibuster on the nomination of John Fourth Circuit. President Bush chose Owens of California to a judicial emer- The PRESIDING OFFICER. The to nominate Claude Allen of Virginia, a clerk will call the roll. gency vacancy on the U.S. Court of Ap- controversial nominee with limited ex- peals for the Ninth Circuit. This is the The assistant legislative clerk pro- perience who received a partial ‘‘not ceeded to call the roll. longest running vacancy in our entire qualified’’ rating from the American Federal court system. Today the Sen- Mr. JOHANNS. I ask unanimous con- Bar Association, and the Maryland sent that the order for the quorum call ate will finally vote to confirm this Senators understandably objected. Mr. outstanding nominee to a court that is be rescinded. Allen’s nomination did not move for- The PRESIDING OFFICER. Without in desperate need of judges. ward due to the objection of the proper The Ninth Circuit is the busiest cir- objection, it is so ordered. home State Senators from Maryland. cuit court in the country, and yet it Under the previous order, all Meaningful consultation and support of has not been operating at full strength postcloture time is considered expired. the appropriate home State Senators for more than nine years. It has the The question is, Will the Senate ad- continues to be important to the con- highest number of appeals filed, the vise and consent to the nomination of firmation of nominees, and the vote we highest pending appeals per panel and John B. Owens, of California, to be are taking today on John Owens is the highest pending appeals per active United States Circuit Judge for the judge. It also takes far longer than any proof of that. President Obama nominated Mr. Ninth Circuit? other circuit court to resolve an ap- Owens last August, and his early Octo- Mr. JOHANNS. I ask for the yeas and peal. The delay in resolving these ap- ber hearing date had to be moved after nays. peals hurts the American people. After Republicans forced a shutdown of our The PRESIDING OFFICER. Is there a confirming John Owens, the Senate government. A hearing on his nomina- sufficient second? should proceed to Michelle Friedland’s tion was finally held in late October. There is a sufficient second. nomination to the Ninth Circuit as The clerk will call the roll. soon as possible. Mr. Owens could and should have been confirmed before we adjourned last The assistant legislative clerk called The nomination of John Owens is an the roll. example of how the process of judicial year. Instead, because Republicans re- Mr. DURBIN. I announce that the nominations and consultation with fused to consent to hold any nomina- Senator from North Dakota (Ms. home State senators should work. tions in the Senate, every single one HEITKAMP) is necessarily absent. Under Article II of the Constitution, had to be returned to the President at The PRESIDING OFFICER (Mr. DON- the Senate has a significant role to the end of last year. They then had to NELLY). Are there any other Senators play regarding our independent judici- be renominated and reprocessed in the Chamber desiring to vote? ary. We are called upon to work with through committee this year. Mr. the President by providing advice and Owens was voted out of committee on a The result was announced—yeas 56, consent for Federal judicial appoint- voice vote, without dissent, on January nays 43, as follows: ments. 16, 2014. [Rollcall Vote No. 91 Ex.] Some have recently questioned the Born in Washington, DC, Mr. Owens YEAS—56 rationale behind the so-called ‘‘blue earned his B.A., with high distinction, Baldwin Harkin Nelson slip’’ process that solicits the views of from the University of California, Begich Heinrich Pryor the home State senators before a judi- Berkeley, and his J.D., with distinc- Bennet Hirono Reed tion, Order of the Coif, from Stanford Blumenthal Isakson Reid cial nomination moves in the Senate. I Booker Johnson (SD) Law School. At Stanford, he was the Rockefeller have explained that this blue piece of Boxer Kaine Sanders paper reflects the ‘‘advice’’ prong of Nathan Abbott Scholar, an award given Brown King Schatz the Senate’s role. If an administration to the student with the highest cumu- Cantwell Klobuchar Schumer Cardin Landrieu Shaheen does not consult with home State sen- lative point average in the class. Mr. Carper Leahy Stabenow ators to seek their advice on a nomi- Owens served as executive editor of the Casey Levin Tester Stanford Law Review, where he earned Chambliss Manchin nee, it is far less likely the nominee Udall (CO) the Stanford Law Review Board of Edi- Coons Markey will receive their support. This support Donnelly McCaskill Udall (NM) is crucial to the successful confirma- tors Award. Durbin Menendez Walsh tion of judicial nominees. In the al- After law school, Mr. Owens served as Feinstein Merkley Warner most four decades I have served in the a law clerk to Judge J. Clifford Wallace Franken Mikulski Warren of the Ninth Circuit and for Associate Gillibrand Murphy Whitehouse Senate, I cannot recall a single judicial Hagan Murray Wyden nominee confirmed over the objection Justice Ruth Bader Ginsburg of the of his or her home State senators. To- United States Supreme Court. He has NAYS—43 day’s confirmation to the Ninth Circuit been a litigator in both public and pri- Alexander Burr Corker vate practice. In 1998, he joined the Ayotte Coats Cornyn is yet another example of that reality. Barrasso Coburn Crapo In the prior administration, rather U.S. Department of Justice, where he Blunt Cochran Cruz than working with the California sen- would later serve as an Assistant U.S. Boozman Collins Enzi

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.036 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1859 Fischer Kirk Rubio NOT VOTING—1 PROTECTING VOLUNTEER FIRE- Flake Lee Scott Heitkamp FIGHTERS AND EMERGENCY RE- Graham McCain Sessions SPONDERS ACT OF 2014 Grassley McConnell Shelby The PRESIDING OFFICER. On this Hatch Moran Thune Heller Murkowski vote the yeas are 64, the nays are 35. The PRESIDING OFFICER. Under Toomey the previous order, the Senate will re- Hoeven Paul Vitter Three-fifths of the Senators duly cho- Inhofe Portman Wicker sen and sworn having voted in the af- sume consideration of the motion to Johanns Risch proceed to H.R. 3979, which the clerk Johnson (WI) firmative, the motion is agreed to. Roberts will report. The bill (H.R. 4302) was ordered to be NOT VOTING—1 The bill clerk read as follows: engrossed for a third reading and was Heitkamp Motion to proceed to the consider- read the third time. The nomination was confirmed. ation of Calendar No. 333, H.R. 3979, a The PRESIDING OFFICER. The ma- bill to amend the Internal Revenue jority leader. Code of 1986 to ensure that emergency f Mr. REID. Mr. President, we are services volunteers are not taken into going to have a vote now on SGR, and account as employees under the shared LEGISLATIVE SESSION if all things work out as anticipated, responsibility requirements contained that will be the last vote tonight. in the Patient Protection and Afford- The PRESIDING OFFICER. The bill able Care Act. PROTECTING ACCESS TO having been read the third time, under The PRESIDING OFFICER. Under MEDICARE ACT OF 2014—Continued the previous order the question is, the previous order, all postcloture time Shall it pass? is considered expired. The PRESIDING OFFICER. Under The question is on agreeing to the the previous order, the Senate will re- Mr. JOHANNS. Mr. President, I ask for the yeas and nays. motion to proceed. sume legislative session and resume The motion was agreed to. consideration of H.R. 4302. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The The majority leader. sufficient second? There is a sufficient clerk will report the bill. Mr. REID. Mr. President, I ask unan- second. The bill clerk read as follows: imous consent the next votes tonight The clerk will call the roll. A bill (H.R. 3979) to amend the Internal be 10 minutes in duration. The assistant bill clerk called the Revenue Code of 1986 to ensure that emer- The PRESIDING OFFICER. Is there roll. gency services volunteers are not taken into objection? account as employees under the shared re- Without objection, it is so ordered. Mr. DURBIN. I announce that the sponsibility requirements contained in the Under the previous order, the ques- Senator from North Dakota (Ms. Patient Protection and Affordable Care Act. tion is on agreeing to the motion to HEITKAMP) is necessarily absent. The PRESIDING OFFICER. The ma- waive. The PRESIDING OFFICER. Are there jority leader. The yeas and nays were previously any other Senators in the Chamber de- AMENDMENT NO. 2874 ordered. siring to vote? (Purpose: To provide for a perfecting The clerk will call the roll. The result was announced—yeas 64, amendment) The bill clerk called the roll. nays 35, as follows: Mr. REID. Mr. President, I have a Mr. DURBIN. I announce that the [Rollcall Vote No. 93 Leg.] substitute amendment at the desk. Senator from North Dakota (Ms. The PRESIDING OFFICER. The YEAS—64 HEITKAMP) is necessarily absent. clerk will report. The PRESIDING OFFICER. Are there Ayotte Harkin Murphy The bill clerk read as follows: Begich Hatch Murray any other Senators in the Chamber de- The Senator from Nevada [Mr. REID], for Bennet Heinrich Nelson siring to vote? Blumenthal Heller Pryor Mr. REED, for himself, Mr. HELLER, Mr. The yeas and nays resulted—yeas 64, Blunt Hirono Reed MERKLEY, Ms. COLLINS, Mr. BOOKER, Mr. nays 35, as follows: Booker Hoeven Reid PORTMAN, Mr. BROWN, Ms. MURKOWSKI, Mr. Boxer Isakson Rockefeller DURBIN, and Mr. KIRK, proposes an amend- [Rollcall Vote No. 92 Leg.] Brown Johnson (SD) Sanders ment numbered 2874. Burr Kaine YEAS—64 Schatz Cantwell King Mr. REID. Mr. President, I ask unan- Schumer Baldwin Harkin Murray Cardin Kirk Shaheen imous consent that reading of the Begich Hatch Nelson Casey Landrieu amendment be dispensed with. Bennet Heinrich Pryor Chambliss Leahy Stabenow Blumenthal Heller Reed Cochran Levin Tester The PRESIDING OFFICER. Without Blunt Hirono Reid Collins Manchin Udall (CO) objection, it is so ordered. Booker Johnson (SD) Rockefeller Coons Markey Udall (NM) (The amendment is printed in today’s Boxer Kaine Cornyn McCaskill Vitter Sanders RECORD under ‘‘Text of Amendments.’’) Brown King Schatz Donnelly McConnell Walsh Burr Kirk Schumer Durbin Menendez Warren Mr. REID. Mr. President, I ask for Cantwell Klobuchar Shaheen Feinstein Merkley Whitehouse the yeas and nays on that amendment. Cardin Landrieu Stabenow Gillibrand Mikulski Wicker The PRESIDING OFFICER. Is there a Carper Leahy Hagan Murkowski Casey Levin Tester sufficient second? Collins Manchin Udall (CO) NAYS—35 There appears to be a sufficient sec- Coons Markey Udall (NM) ond. Cornyn McCaskill Vitter Alexander Flake Portman Donnelly McConnell Walsh Baldwin Franken Risch The yeas and nays were ordered. Durbin Menendez Warner Barrasso Graham Roberts AMENDMENT NO. 2875 TO AMENDMENT NO. 2874 Boozman Grassley Feinstein Merkley Warren Rubio Mr. REID. Mr. President, I have a Franken Mikulski Whitehouse Carper Inhofe Scott Coats Johanns Gillibrand Murkowski Wyden Sessions first-degree amendment to the sub- Hagan Murphy Coburn Johnson (WI) Shelby stitute. It is already at the desk. Corker Klobuchar Thune Crapo Lee The PRESIDING OFFICER. The NAYS—35 Toomey Cruz McCain clerk will report. Alexander Fischer Paul Warner Enzi Moran Ayotte Flake Portman Wyden The bill clerk read as follows: Fischer Paul Barrasso Graham Risch The Senator from Nevada [Mr. REID] pro- Boozman Grassley Roberts NOT VOTING—1 poses an amendment numbered 2875 to Chambliss Hoeven Rubio amendment No. 2874. Coats Inhofe Scott Heitkamp Coburn Isakson Mr. REID. Mr. President, I ask unan- Sessions The PRESIDING OFFICER. On this Cochran Johanns Shelby imous consent that reading of the Corker Johnson (WI) Thune vote the yeas are 64, the nays are 35. amendment be dispensed with. Crapo Lee Toomey Cruz McCain The 60-vote threshold having been The PRESIDING OFFICER. Without Wicker Enzi Moran achieved, the bill (H.R. 4302) is passed. objection, it is so ordered.

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.002 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1860 CONGRESSIONAL RECORD — SENATE March 31, 2014 The amendment is as follows: The PRESIDING OFFICER. The Standing Rules of the Senate, hereby move At the end, add the following: clerk will report. to bring to a close debate on H.R. 3979, an act This Act shall become effective 1 day after The bill clerk read as follows: to amend the Internal Revenue Code of 1986 to ensure that emergency services volunteers enactment. The Senator from Nevada [Mr. REID] pro- are not taken into account as employees Mr. REID. Mr. President, I ask for poses an amendment numbered 2878 to under the shared responsibility requirements amendment No. 2877. the yeas and nays. contained in the Patient Protection and Af- The PRESIDING OFFICER. Is there a The amendment is as follows: fordable Care Act. sufficient second? In the amendment, strike ‘‘3 days’’ and in- Harry Reid, Jack Reed, Patrick J. There appears to be a sufficient sec- sert ‘‘4 days’’. Leahy, Thomas R. Carper, Elizabeth ond. MOTION TO COMMIT WITH AMENDMENT NO. 2879 Warren, Tammy Baldwin, Edward J. The yeas and nays were ordered. Mr. REID. Mr. President, I have a Markey, Christopher A. Coons, Tom AMENDMENT NO. 2876 TO AMENDMENT NO. 2875 motion to commit H.R. 3979, but it also Harkin, Cory A. Booker, Tom Udall, Kirsten E. Gillibrand, Barbara Boxer, Mr. REID. Mr. President, I have a has instructions, and that is at the second-degree amendment to the sub- Angus S. King, Jr., Christopher Mur- desk. phy, Al Franken, Bernard Sanders. stitute which is at the desk. The PRESIDING OFFICER. The Mr. REID. I suggest the absence of a The PRESIDING OFFICER. The clerk will report. clerk will report. The bill clerk read as follows: quorum. The bill clerk read as follows: The PRESIDING OFFICER. The The Senator from Nevada [Mr. REID] moves The Senator from Nevada [Mr. REID] pro- to commit the bill to the Committee on Fi- clerk will call the roll. poses an amendment numbered 2876 to nance with instructions to report back forth- The bill clerk proceeded to call the amendment No. 2875. with with the following amendment num- roll. The amendment is as follows: bered 2879. Mr. REID. Mr. President, I ask unan- In the amendment, strike ‘‘1 day’’ and in- The amendment is as follows: imous consent that the order for the sert ‘‘2 days’’. At the end, add the following: quorum call be rescinded. CLOTURE MOTION This Act shall become effective 4 days The PRESIDING OFFICER. Without Mr. REID. Mr. President, I have a after enactment. objection, it is so ordered. cloture motion at the desk. Mr. REID. Mr. President, I ask for Mr. REID. Mr. President, on the mat- The PRESIDING OFFICER. The clo- the yeas and nays on that motion. ter before the body before the quorum ture motion having been presented The PRESIDING OFFICER. Is there a call was ordered, I ask unanimous con- under rule XXII, the Chair directs the sufficient second? sent that the mandatory quorums re- clerk to read the motion. There appears to be a sufficient sec- quired under rule XXII be waived. The bill clerk read as follows: ond. The PRESIDING OFFICER. Is there CLOTURE MOTION The yeas and nays were ordered. objection? We, the undersigned Senators, in accord- AMENDMENT NO. 2880 Without objection, it is so ordered. ance with the provisions of rule XXII of the Mr. REID. Mr. President, I have an f Standing Rules of the Senate, hereby move amendment to the instructions at the to bring to a close debate on the substitute desk. MINIMUM WAGE FAIRNESS ACT— amendment No. 2874 to H.R. 3979, an act to MOTION TO PROCEED amend the Internal Revenue Code of 1986 to The PRESIDING OFFICER. The ensure that emergency services volunteers clerk will report. Mr. REID. Mr. President, I move to are not taken into account as employees The bill clerk read as follows: proceed to Calendar No. 250, S. 1737, the under the shared responsibility requirements The Senator from Nevada [Mr. REID] pro- Minimum Wage Fairness Act. contained in the Patient Protection and Af- poses an amendment numbered 2880 to the The PRESIDING OFFICER. The fordable Care Act. instructions of the motion to commit H.R. clerk will report the motion. Harry Reid, Jack Reed, Patrick J. 3979. The bill clerk read as follows: Leahy, Thomas R. Carper, Elizabeth The amendment is as follows: Warren, Tammy Baldwin, Edward J. Motion to proceed to Calendar No. 250, S. Markey, Christopher A. Coons, Tom In the amendment, strike ‘‘4 days’’ and in- 1737, a bill to provide for an increase in the Harkin, Cory A. Booker, Tom Udall, sert ‘‘5 days’’. Federal minimum wage and to amend the In- Kirsten E. Gillibrand, Barbara Boxer, Mr. REID. Mr. President, I ask for ternal Revenue Code of 1986 to extend in- Angus S. King, Jr., Christopher Mur- the yeas and nays on that amendment. creased expensing limitations and the treat- phy, Al Franken, Bernard Sanders. The PRESIDING OFFICER. Is there a ment of certain real property as section 179 property. AMENDMENT NO. 2877 sufficient second? Mr. REID. Mr. President, I have an There appears to be a sufficient sec- The PRESIDING OFFICER. The Sen- amendment to the bill at the desk. ond. ator from New Jersey. The PRESIDING OFFICER. The The yeas and nays were ordered. UNANIMOUS CONSENT REQUEST—S. RES. 404 clerk will report. AMENDMENT NO. 2881 TO AMENDMENT NO. 2880 Mr. MENENDEZ. Mr. President, I The bill clerk read as follows: Mr. REID. Mr. President, I have a shortly am going to make a unanimous The Senator from Nevada [Mr. REID] pro- second-degree amendment at the desk. consent request on S. Res. 404, a resolu- poses an amendment numbered 2877 to the The PRESIDING OFFICER. The tion I submitted honoring the life and language proposed to be stricken by amend- clerk will report. legacy of Cesar Chavez. This resolution ment No. 2874. The bill clerk read as follows: has been blocked by my colleagues on Mr. REID. Mr. President, I ask unan- The Senator from Nevada [Mr. REID] pro- the other side of the aisle every time it imous consent that reading of the poses an amendment numbered 2881 to has come up for the last 7 consecutive amendment be dispensed with. amendment No. 2880. years—every time. The PRESIDING OFFICER. Without The amendment is as follows: Now, today, on what would have been objection, it is so ordered. The amendment is as follows: In the amendment, strike ‘‘5 days’’ and in- Cesar Chavez’s 87th birthday, I ask my sert ‘‘6 days’’. At the end, add the following: Republican colleagues to find it in This Act shall become effective 3 days CLOTURE MOTION their hearts to honor a man who really after enactment. Mr. REID. Mr. President, I have a made a difference in our country. Mr. REID. Mr. President, I ask for cloture motion at the desk, and I ask Frankly, I do not understand their re- the yeas and nays on that amendment. that the Chair order it reported. luctance. I do not understand their ob- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The clo- structionism. I do not understand how sufficient second? ture motion having been presented they can look back at that time in his- There appears to be a sufficient sec- under rule XXII, the Chair directs the tory, at the sacrifices Cesar Chavez ond. clerk to read the motion. made for our country, asking for noth- The yeas and nays were ordered. The bill clerk read as follows: ing more than fair treatment and jus- AMENDMENT NO. 2878 TO AMENDMENT NO. 2877 CLOTURE MOTION tice. Mr. REID. Mr. President, I have a We, the undersigned Senators, in accord- I realize it is uncommon to make a second-degree amendment at the desk. ance with the provisions of rule XXII of the live unanimous consent request for a

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.051 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1861 commemorative resolution, but if Re- Hispanic community. He paved the way 6. International Union of Bricklayers and publicans are going to object yet for the contributions of Hispanic Amer- Allied Craftworkers again—for an eighth year in a row—to icans—for innovative progress and so- 7. International Union, United Automobile, Aerospace & Agricultural Implement Work- honoring, in my view, a great Amer- cial improvements. If there is one man ers of America (UAW) ican hero, I really want it to be on the who redefined leadership, it is Cesar 8. Marine Engineers’ Beneficial Associa- record. I think Republicans need to an- Chavez. tion. swer to the American people as to why, I think my colleagues need to know Mr. MENENDEZ. We all eagerly as a party, they can agree to passing that the community stands with me await the day when politics will no resolutions honoring World Plumbing today and stands firmly behind my res- longer preclude its passage. Day or congratulating the Penn State olution honoring the life and legacy of Cesar Chavez’s profound legacy and Dance Marathon—both Senate resolu- Cesar Chavez. lasting influence can be reduced to tions that were adopted this month by Mr. President, I have a list—and in three words—the motto of the United unanimous consent—but insist on the interest of time, I will not read it— Farm Workers—that recall his fight for standing in the way of honoring a civil of 37 national Hispanic and labor orga- justice and have echoed from the fields rights trailblazer who changed the nizations that all support the resolu- of Delano, CA, across America all the course of our Nation’s history. tion. I ask unanimous consent to have way to the White House: ‘‘Si se puede.’’ Cesar Chavez was a man before his that list printed in the RECORD. These three words, while simple in na- time, and he deserves proper recogni- There being no objection, the mate- ture, harbored the power to move en- tion. He dedicated his life to fighting rial was ordered to be printed in the tire communities from the dark shad- for equality, justice, and dignity—not RECORD, as follows: ows of injustice toward a brighter light only for Hispanic farm workers but for 2014 CESAR CHAVEZ RESOLUTION (S. RES. of hope. These three words represent at all workers in the United States. Yet 404) their very core the spirit that breathes our friends on the other side cannot ENDORSEMENTS life into Americans’ struggle for a bet- find it in their hearts to honor him. I (LIST IN PROGRESS) ter life. have to ask why. Why can’t they sim- LATINO ORGANIZATIONS As the leader of the first successful ply say yes, he was an extraordinary farm workers union in the United 1. Aspira man who gave of himself for his cause 2. Casa de Esperanza: National Latin@ Net- States, he fought to ensure those work- and deserves to be remembered and work ing tirelessly to provide Americans honored by the U.S. Senate? 3. Cuban American National Council, Inc. with food received the benefits they de- The President of the United States (CNC) served. Nonetheless, his service extends proclaimed today, March 31, 2014, as 4. Farmworker Justice far beyond our agricultural fields and Cesar Chavez Day. Over 10 States honor 5. Friends of the American Latino Museum provides inspiration to those working his life and legacy each year on this 6. Hispanic Federation to improve human rights, empowering day. The Secretary of the Interior es- 7. Hispanic Association of Colleges and workers, regardless of race or eth- tablished a national monument in his Universities (HACU) 8. Latino Justice PRLDEF nicity. His countless efforts to ensure honor, and across the country you will 9. Labor Council for Latin American Ad- equality, justice, and dignity for all find schools, parks, streets, libraries, vancement (LCLAA) people in the United States are a testa- and other public facilities named after 10. League of United Latin American Citi- ment of his leadership and success—a Cesar Chavez as well. zens (LULAC) success that can only be measured by So I implore Senate Republicans to 11. Mexican American Legal Defense and the lasting impact he has made toward reconsider denying Cesar Chavez’s leg- Educational Fund (MALDEF) ending workplace discrimination, un- acy for an eighth year in a row. Adopt 12. MANA, A National Latina Organization safe and unfair working conditions, low 13. National Alliance of Latin American & this commemorative resolution by wages, and child labor. He was more unanimous consent. Give Cesar Chavez Caribbean Communities (NALACC) 14. National Association of Latino Elected than just a farmer with a vision. He the recognition he so deserves. That is and Appointed Officials (NALEO) Edu- was a civil rights leader who embodied all we ask—nothing more. cational Fund the pursuit of justice that continues to This year there is a new movie chron- 15. National Association of Hispanic Fed- inspire millions of Americans today. icling the life of Cesar Chavez—a life eral Executives (NAHFE) So I come to the floor today to honor lived with honor and dignity and de- 16. National Council of La Raza (NCLR) the life and achievements of Cesar Cha- cency for the betterment of all of us. 17. National Hispanic Environmental Coun- vez, to ask my Republican colleagues cil (NHEC) The film is long overdue. That life, to put aside their politics and do what that dedication, that spirit will always 18. National Hispanic Caucus of State Leg- islators (NHCSL) is right by a man whose life and legacy be missed. 19. National Hispanic Leadership Agenda deserve the recognition of this Na- He was born near his family’s farm in (NHLA) tion—one Nation and one Congress. Yuma, AZ. When he was 10, in the hard 20. National Hispanic Media Coalition Let’s stand together and recognize times of the Depression, the family lost (NHMC) the accomplishments of a great Amer- their farm, like millions of Americans, 21. National Hispanic Medical Association ican hero but, most importantly, let’s and they became migrant farm work- (NHMA) honor the values that make our coun- ers, laboring in vineyards across the 22. National Institute for Latino Policy try great—the values of tolerance, (NILP) Southwest, where he learned of the in- hope, and freedom, upon which this justice and hardship of a farm worker’s 23. National Latina Institute for Reproduc- tive Health (NLIRH) country was founded. And let’s always life. He never left those fields. He never 24. SER Jobs for Progress National, Inc. remember, as Chavez said, the fight is left the land. He never turned his back 25. Southwest Voter Registration Edu- always about the people. on the people who worked it. And the cation Project (SVREP) With that, Mr. President, I ask unan- rest is history. 26. U.S. Hispanic Leadership Institute imous consent that the Judiciary Com- Robert Kennedy called him one of the (USHLI) mittee be discharged from further con- most heroic figures of our time. I think 27. US Mexico Foundation sideration of S. Res. 404, the resolution it is because Cesar Chavez understood 28. National Latino Farmers & Ranchers be agreed to, the preamble be agreed and believed in one fundamental truth. Trade Association 29. Minority Business RoundTable to, and the motions to reconsider be He always said: ‘‘The fight is never laid upon the table with no intervening LABOR GROUPS about grapes or lettuce; it’s always action or debate. about people.’’ 1. AFL–CIO The PRESIDING OFFICER. Is there 2. American Federation of Government He was right. And that fight con- objection? tinues today. The struggle for fairness Employees 3. American Federation of Teachers The Senator from Alabama. and dignity for every American goes 4. Communications Workers of America Mr. SESSIONS. Mr. President, re- on, and Cesar Chavez was and is its in- (CWA) serving the right to object, I would spiration. He certainly is an American 5. International Organization of Masters, note that the resolution has not come hero but most definitely a hero to the Mates & Pilots out of the Judiciary Committee and

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.058 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1862 CONGRESSIONAL RECORD — SENATE March 31, 2014 that Senator VITTER, who has filed an is really a fig leaf. The Senate has ex- ator JACK REED, who has worked with amendment to the resolution, asks pressed itself on immigration reform. me for years on this legislation. He and that that amendment be accepted or This is not about immigration reform. I were partners for a long time to get voted on, which has been not agreed to. This is about Cesar Chavez. This is this done. I wish to thank the chair- The amendment would say a couple about a man who led boycotts across man of the Ways and Means Committee things. the country to bring to justice the in the House, Chairman CAMP, and One: rights of farmworkers and of all work- Chairman UPTON for working with us, Whereas Cesar Estrada Chavez strongly be- ers across the land. both from my home State of Michi- lieved in enforcing immigration laws, there- There is no bigger supporter, by the gan—for working and partnering with by reducing the deleterious effects of inex- way, than the United Farm Workers, us. pensive labor on the wages of farm workers which he helped build, create, and I wish to thank the Speaker and Ma- in the United States, as recognized by the today is one of the strongest voices for jority Leader REID, who put together a Congressional Budget Office in the June 2013 that immigration reform. proposal, not what most of us would report entitled ‘‘The Economic Impact of S. It is, from my view, shameful that we 744, the Border Security, Economic Oppor- have liked to have seen in terms of per- tunity, and Immigration Modernization Act. can pass commemorative resolutions manently fixing this issue of the SGR ... on some of the most insignificant or Medicare reimbursement for physi- And he offers this ‘‘whereas,’’ a sec- issues, but on the life of someone who cians, but even in looking at a fix for ond one: changed the course of this country for just 1 year, they came together and millions of Latinos who understand supported our vision for positively Whereas Cesar Estrada Chavez recognized that life and history and would want to the importance of a secure southern border moving forward on a demonstration with Mexico, through citizen participation in see that life commemorated, that there project to increase community mental the enforcement of immigration laws, by en- can be a continuing objection for 8 health services. couraging members of the United Farm years. I will keep coming each year to Certainly, last but not least, I wish Workers of America to contact the Immigra- the floor to make this happen. At some to thank Senator RON WYDEN, who has tion and Naturalization Service to report in- point it will. been there since day one and now as stances of illegal labor. . . . I yield the floor. chairman of the Finance Committee So that not having been accepted, I The PRESIDING OFFICER. The Sen- has been unequivocal in his passionate would ask that be accepted. It is at the ator from Michigan. support for what we are doing. I wish desk. I ask it be agreed to prior to Ms. STABENOW. Before the distin- to thank Chairman WYDEN for his lead- adoption of this resolution. guished Senator from New Jersey ership and support. The PRESIDING OFFICER. Does the leaves, I wish to thank him for his dili- Our legislation is a landmark step Senator from New Jersey so modify his gence and advocacy on behalf of a dis- forward for community mental health request? tinguished American. I can say, as funding, one of the most significant ad- Mr. MENENDEZ. Reserving the right chair of the agriculture committee, vances we have seen in decades. This to object, this is not about Cesar Cha- without the work of Cesar Chavez, bill will improve the lives of people all vez. This is about immigration. I know without those who toiled in the fields across the country by providing fund- my distinguished colleague has a dif- picking the fruits and vegetables and ing to create 24-hour emergency psy- ferent view about immigration than I providing the backbone of the agricul- chiatric services and higher standards do. I know Senator VITTER, for whom tural workforce, we would not have an and funding for community care. he is offering this amendment, also has agricultural economy in many places We authored this bill because mental a different view. in this country. illness touches all of our families in The Senate has spoken on the ques- To say on the date of his birth that some way, one out of four Americans. tion of immigration. Sixty-seven Sen- we recognize Cesar Chavez is some- For me, it was my father who suffered ators, two-thirds of the Senate has al- thing that is straightforward and ought from bipolar disorder and was not diag- ready sent an immigration reform bill to be happening and should have hap- nosed for at least 10 years when I was to the House of Representatives. So pened 8 years ago. growing up. I saw the impact on my while we may have different views, COMMUNITY MENTAL HEALTH CARE dad, the most loving, wonderful father that is not the issue of Cesar Chavez. In Mr. President, today marks the cul- someone could have, on my mom, on my view it is an injustice to his mem- mination of a long fight to improve my brothers, our whole family, as we ory to offer such an amendment. That community mental health care in our struggled to figure out what was going is why I will have to object. country. Last Thursday the House of on and get him the help and support he The PRESIDING OFFICER. Is there Representatives passed the Protecting needed. objection to the original request? Access to Medicare Act, which includes When he finally was accurately diag- Mr. SESSIONS. I would object and a demonstration project based on the nosed and received the right treatment would note I do have a different view Excellence in Mental Health Act that and support, got the right tools to on these issues. With regard to the im- my friend and partner from Missouri manage this disease, he was able to go pact of S. 744, had it passed, it would ROY BLUNT and I authored. back to work and live a happy and re- have been adverse to farmworkers who I wish to recognize Senator MARIA warding life for the rest of his life. are in this country working hard, need CANTWELL, who is one of our cospon- Similar to my dad, too many people pay raises, and need better job opportu- sors who is on the floor, for her won- who need treatment do not get it, in- nities. I think these are important derful, passionate support and voice cluding one-third of all people living parts of Mr. Chavez’s career. It seems helping us get this done. I wish to with mood disorders and more than to me that the Senator would be thank our House sponsors. This is a half of those with severe mental dis- pleased to accept that, but I under- House-Senate Republican-Democratic eases. stand we have a disagreement. I ex- initiative. Who says we cannot work That is because in this country we press my respect for Senator MENENDEZ together when we want to get things treat mental health and physical and his leadership on the Foreign Rela- done? health differently. If you have diabetes, tions Committee, but we disagree on Congresswoman MATSUI, a Democrat you monitor your sugar levels, you this subject. from Hawaii; Congressman LANCE, a take insulin to manage your disease. I yield the floor. Republican from New Jersey, were our You go on with your life as you are The PRESIDING OFFICER. Objec- sponsors. We also had significant part- managing your disease. If you are bipo- tion is heard. nership and advocacy from Congress- lar, meaning you have a chemical im- Mr. MENENDEZ. Mr. President, I man TIM MURPHY, a leader in mental balance in the brain, you may receive have a deep respect for Senator SES- health in the Congress, a Republican zero treatment, maybe lose your job or SIONS. But I will just simply say this is from Pennsylvania. worse your family, maybe end up in the 8th year, the 8th year in which I wish to thank SUSAN COLLINS who, jail or on the streets. under some figleaf—before they could as a Senator from Maine, has been a Diabetes and bipolar disorders are hide through their objections. But this passionate advocate as well and Sen- both chemical imbalances in different

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.060 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1863 parts of the body. Both deserve treat- room or worse to jails or prisons as our But when he came home from war ment. People deserve to be able to get primary mental health treatment fa- with PTSD, her friend was in trouble. effective treatment for both. Both are cilities. Marcia writes: treatable—both are treatable. The As Cook County, IL, Sheriff Tom What is done for these men and women same is true for schizophrenia and Dart testified in the House of Rep- when they come home? They go to war, they many other behavioral diseases. There resentatives just last week, ‘‘The un- see things no one should ever see and do is hope when people get help. fortunate and undeniable conclusion is, things no one should ever do, and they’re ex- There is treatment available and that because of dramatic and sustained pected to return home and live normally? from that the ability to manage dis- cuts in mental health funding, we have Her friend killed himself after suf- eases, as we do for so many physical criminalized mental illness in this fering from PTSD for 8 years. Marcia’s diseases that people have. This bill country.’’ friend is only 1 of the 22 veterans who which we just passed in the Senate will The ER and the jails are not the take their own lives every single day in make it more likely to happen that place to treat mental illness. We can do America. This is where our bill comes people can get the treatment and sup- better than that in this country. We in. This bipartisan bill expands access port they need. This bill makes great have now taken a major step to do to mental health care, working with improvements in the way we treat that. Our families deserve better. That outpatient VA clinics, working with mental health care as well. It will ex- is why our former colleagues Senator community mental health centers, and pand access, make sure people get Pete Domenici and Senator Paul federally qualified mental health cen- treatment at a higher quality level, be- Wellstone, a dear friend to so many of ters, all working together. I thank so cause just as we do with federally us and whom we miss dearly, and later much the Iraq and Afghanistan vet- qualified health centers, we are now another dear friend, Senator Ted Ken- erans for being with us every step of creating federally qualified behavioral nedy, whom we also miss dearly, a tow- the way, advocating, all of the veterans health clinics. ering figure on so many issues, joined organizations that have been so sup- If you meet higher standards, you get together with Senator Kennedy’s son, portive. This bill will create a broad higher reimbursements and therefore Representative PATRICK KENNEDY, and range of mental health services, such more services available. This legisla- wrote the bipartisan Mental Health as 24-hour crisis psychiatric services in tion authorizes eight States to be des- Parity and Addiction Act. They wanted communities that are selected, inte- ignated to receive enhanced funding for to make sure we had parity in how in- grated preventive screenings, inte- community mental health services, surance companies treat mental and grated treatment for mental illness based on meeting high-quality stand- physical health. That bill became law and substance abuse, and expanded ards for services, as I said before, for finally in 2008. It was a huge step for- peer support and counseling for fami- the designation of federally qualified ward. lies and patients alike. behavioral health clinics. I was proud to offer mental health It allows community mental health This is voluntary. States will com- parity in the Affordable Care Act, centers to finally be reimbursed the pete to be designated as one of the which was the next big step forward. same as physical health providers. We eight demonstration States. I expect Today we voted on the final step in are finally saying that as a country we many States and communities across mental health parity in the commu- are going to treat illnesses from the the country to be working together to nity, the ability to get funding for neck up, the same way we treat ill- do that. I fully expect this demonstra- quality mental health care services the nesses from the neck down. tion project will save lives and save same way we fund quality community Instead of merely talking about men- money to communities in every State health services. tal health in the wake of tragedies that is housing people in jails who I have met and heard from so many such as the Navy Yard in Washington should be getting the treatment they people who personally felt the effects last fall that took 13 lives or the trag- need in the community in order to of mental illness and who wanted us to edy at Sandy Hook, we have taken ac- manage their diseases and live produc- pass this bill so they and others could tion this evening. tive lives. get the treatment they need. Mental health isn’t a partisan issue. It has taken a long time to get here. One of those people who joined us—in Senators Domenici and Wellstone un- The fight began 50 years ago, when fact, today at a press conference, flew derstood it just as Senator BLUNT, Sen- President John F. Kennedy called on in from Michigan—is Malkia Newman, ator CANTWELL, Senator COLLINS, and I Congress to create a new type of health who lived for over 30 years with understand. care facility that would improve the undiagnosed bipolar disorder. She fi- Senator Wellstone isn’t here to see quality of mental health care in the nally got the treatment she needed the progress we have made, but he once community—in the community—and through the Oakland County Commu- said: reduce stigma. He pushed Congress to nity Mental Health Authority in the Politics is not about power. Politics is not take action on mental health care be- Detroit suburbs. about money. Politics is not about winning cause he had a vision to bring mental She recovered, is now managing her for the sake of winning. Politics is about the health treatment out of institutions illness, and is the board chair of the improvement of people’s lives. and into communities across America. very same mental health board com- That is exactly what we are doing, Following his lead, Congress sent munity she turned to for help so she improving people’s lives and creating him the Community Mental Health can help others. Her message to Con- hope and opportunity for people to get Act. It was the last bill he signed be- gress is: ‘‘Please pass this bill so every- the help they need to live long, suc- fore he was murdered in Dallas. It is one can get the mental health help cessful lives. one of the most important bills that he they need.’’ I thank all of our colleagues for signed. Senator BLUNT and I spoke on Not everyone is as lucky as Malkia, working together to get this done. It the Senate floor last fall to commemo- though. There are many who still need will be something, as we move forward, rate the 50th anniversary of that bill’s our help, which is why what we have of which we can all be proud. signing because it marked a major done today is so important. The PRESIDING OFFICER. The Sen- change in the way we treat mental Today, one in four returning veterans ator from Kansas. health. from Iraq and Afghanistan is in some Mr. MORAN. I ask unanimous con- Unfortunately, over the past few dec- need of some form of mental health sent to address the Senate as in morn- ades, instead of increasing funding for care treatment. I recently heard from ing business for less than 15 minutes. mental health services, we have seen Marcia in Dearborn about her friend. The PRESIDING OFFICER. Without cut after cut after cut. We are seeing She said: objection, it is so ordered. the consequences. Inpatient facilities Mr. MORAN. Mr. President, first I My friend bravely served two tours in Iraq all across the country have closed their for this country. Before he left for war, he wish to address legislation that passed doors, but they have not been replaced was so outgoing and all he wanted was to put the Senate earlier this evening. The by services in the community. Too a smile on everyone’s face. He had the big- sustainable growth rate is such an im- often we are turning the emergency gest heart of anyone I know. portant issue to the people from the

VerDate Mar 15 2010 04:41 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.044 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1864 CONGRESSIONAL RECORD — SENATE March 31, 2014 State of Kansas. I come from a State in great, but we were unwilling to take where his parents instilled in him a which senior citizens are a very preva- the necessary steps today to pass a per- strong work ethic and a sense of integ- lent portion of our population, and ac- manent repeal and an elimination of rity. He went on to graduate from Kan- cess to health care is so dependent the SGR formula. sas State University with a business upon whether Medicare reimburses a Again, to Senator WYDEN, he and I degree, and K-State is where he met his physician, a hospital, a home health have had conversations since last wife Elaine. They moved back to north care agency or a nursing home in an Thursday about my willingness to have central Kansas to grow the three-gen- adequate amount. I fear that in the ab- conversations with Republican Mem- eration family farm and eventually to sence of that adequate Medicare reim- bers of the Senate to find the necessary raise their three children. He promoted bursement we will see a lot fewer doc- votes to pass legislation for a perma- his life’s work through representation tors, and hospital doors will close. nent repeal. I expressed that offer of Kansas farmers and ranchers in or- I have been an advocate of and in fact again to Senator WYDEN, that we are ganizations such as the Kansas Live- I never voted to create the sustainable still interested in doing that, and that stock Association and the National growth rate, and I suppose I should ex- the country, its health care providers Cattlemen’s Beef Association. plain what that is. In the broadest of and their patients, deserve better than Glenn and Elaine were well respected terms it means there is a formula that what we were able to do today. not only in the cattle industry but also in their community for their generous ultimately reduces the reimbursement REMEMBERING THE MULL FAMILY commitment to improving the lives of a physician receives under Medicare. It I turn to a story about a very special their neighbors. As a founding board has become a very dramatic issue. This Kansas family. Unfortunately, it is a member of Pawnee Valley Community year I believe it is around a 24 percent sad story. Hospital Foundation, one of Glenn’s reduction that will occur April 1, to- I often describe to my friends and top priorities was improving health morrow, if the sustainable growth rate colleagues in Washington, DC, how spe- care in Larned, KS. Their hospital was formula is not altered. cial Kansas is and in a special way how The reality is that Congress has al- faced with potential closure in 2009 we live our lives there. until efforts were made by the city of tered that formula to avoid those re- Families are important. The values ductions, because we know when a Larned and community members such of family run deep in our communities. as Glenn to solve the problem and to health care provider is not com- We have neighbors who care for each pensated in a way that covers the cost keep the hospital doors open. For rural other and we all know each other one communities such as Larned, access to of providing the service, most likely we on one, name by name, family by fam- are going to have fewer health care the types of health care facilities of- ily. We know where they go to church, fered by Pawnee Valley Community providers. Hospitals will not be there, we know what schools their kids are in, physicians will no longer be in prac- Hospital is essential to their commu- and we know how their families are nity’s future. tice, and, particularly in areas of our doing. When tragedy strikes, the entire country that are rural where, again, a Elaine, his wife, had a tireless heart community is shaken. for service and volunteered in a num- significant portion of the population is I pay tribute today to a family from senior citizens whose medical bills are ber of organizations, including the Fort north central Kansas, the Mulls. Glenn Larned Historical Society, the Larned paid, in part, through Medicare. Mull and his wife Elaine, their daugh- My discouragement, my dissatisfac- Hospital Auxiliary, the Santa Fe Trail ter Amy Harter and their grand- tion, is once again the Senate has dem- Center, Larned Music Club, 4–H, Girl daughter Samantha Harter were trav- onstrated its dysfunction by passing a Scouts, and was a K-State trustee, just eling to the National Cattlemen’s Beef very short-term fix to this long-term to name a few of her activities. Association trade show in Nashville on She played the piano and taught problem. If history is any indication, February 3 when the plane they were in Bible study classes at Grace Commu- we will be back 1 year from now in the crashed during its second landing at- nity Church in Great Bend where the same predicament. We have made al- tempt. The jet went down about 10 pastor said that he loved to talk with terations 16 times previously. This is miles from the airport in Bellevue, TN. Glenn about the weather, which is a the 17th time in which we have done a I saw on the Internet a Bellevue resi- very common Kansas conversation, and short-term fix to a long-term problem. dent, who I don’t know. She wrote this that he always used the farmer’s exper- To me, it is one more symptom of our tribute to Glenn Mull, the pilot. tise to analyze the day. inability as a Senate to function in a She said: The pastor said: way that benefits the American people: He knew exactly how much moisture we in this case, patients who are served by Glenn had reached the most bustling section of our community at the busiest time of had and what we needed, whether this was physicians who will be harmed. the day. . . . He would have seen hundreds of good for the wheat versus the milo and how In instances across Kansas, our hos- homes with cars in the driveway. A Kroger it might affect the feed yards. pitals are now employers of physicians, packed with shoppers. An assisted living The pastor continued: and so they have entered into a con- community. And an enormous YMCA, where There has been talk that Glenn behaved in tract with a physician. When the reim- hundreds of families were streaming in and a very heroic way. I have no idea whether bursement rate for the physician is re- out to swim in the indoor pool, exercise and that is true, but I will tell you that he is the duced, it means less revenue to the take classes. Glenn didn’t know this, but kind of guy who would absolutely have done hospital and a tighter squeeze to the school was cancelled for our kids . . . so a the right thing. many hospitals that barely hang on by larger number than usual were at the Y with Glenn and Elaine’s legacies of self- their parents. Some experts are saying now a thread. that the last-second sharp turn Glenn made lessness, philanthropy, and leadership I express my appreciation to Senator in the seconds before the plane crashed indi- undoubtedly live on. I have met many WYDEN, the chairman of the Finance cates that he made a heroic decision to hit people in my life, and I don’t know Committee, for his efforts to find a the one spot in the immediate vicinity where that I have ever met a couple with long-term solution, a permanent repeal no one on the ground would be hurt. . . . more optimism, with more care and of the SGR and again express my will- Glenn managed to spare all of their lives. concern for other people, with a sense ingness to him and to others to work The Bellevue resident went on to de- that things will be better tomorrow, with Democrats in the Senate, to work scribe her own community as one and that the idea that hard work and with Republicans in the Senate, to find which is ‘‘filled with people who shared living your life with integrity and as a the necessary numbers of us who will Glenn’s obvious affinity for family.’’ companion to your Creator, would come together to support legislation She said that Bellevue residents: mean that good things would happen that would permanently end the SGR, . . . are all talking about Glenn Mull, the for you and your family. and that we would not be then asked a hero, who we believe had the extraordinary Amy Harter, their daughter, and her few months from now to come back courage and presence of mind to save our family lived in a house on the Mulls’ once again to solve the problem. families, even as he realized he couldn’t save land and worked in the family busi- We know the problem is there. We his own. ness, while she and her husband Doug know we will have to find a solution. Glenn was born in Great Bend and raised their children, Chase and The consequences of failing are so raised on his family farm near there, Samantha.

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.045 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1865 Sixteen-year-old Samantha, the the bill passed. It was something I was This report is the basis of why this granddaughter, was killed in that plane happy to cosponsor with Senator STA- legislation is so important. The report crash. She was described by one of her BENOW when we worked it through the also talked about financial costs. classmates at Larned High School, committee and then also when we tried Boarding costs Washington State’s which has a student body of about 300, to get it included in this latest pack- health care system $10.5 million a year, as a silly girl but a serious enough one age. So I am proud to be here tonight according to the State. to be a member of the honor choir. She to thank her and Senator BLUNT for I believe we can do better, and this would have the most energy in the their leadership in getting this done. legislation helps us do that. We can honor choir practice at 7 in the morn- This legislation improves access to support proven models that improve ef- ing. She would either be there—tired— community health centers and leads to ficiency and reduce spending. One such with caramel rolls her mom had made better quality of care. It will give ac- model is this legislation we just or laughing and having fun. cess to those participating States that passed—community -based care that Kansans know what it means to per- are fortunate enough to be in this first focuses on prevention, early interven- severe, and certainly the Mull family phase of a pilot program, and it will tion, and coordination between pro- has persevered through many difficul- help local governments and health care viders. All of that is why the legisla- ties. No farmer or rancher escapes that systems that are all plagued by these tion is so important. It helps increase in our State. We embrace our State’s challenges. Most importantly, it will efficiency while bolstering the commu- motto—‘‘Ad astra per aspera’’—‘‘To the help save lives. nity health centers with increased stars through difficulties.’’ During dif- Community mental health treatment Medicaid support. ficult times we often see the very best centers are struggling because they are It will also enable the State to im- in people—as in Glenn’s decision to trying to meet the demand and do so prove the quality and range of services. save lives in Tennessee when he within the balance of their budgets. It requires the State to certify commu- couldn’t save himself or his family. According to the National Alliance on nity mental health centers and meet Amidst the loss of Glenn and Elaine, Mental Illness, States have cut more higher standards. Some of those serv- their daughter and granddaughter, and than $1.6 billion in mental health funds ices would be things such as 24-hour the suffering of this Kansas commu- since 2009. So here we are with a very crisis management, screening assess- nity, what stands out is the outpouring pervasive problem and budget tight- ments and diagnosis, outpatient men- in Larned and Great Bend in central ening, which, obviously, causes big tal health substance abuse services, Kansas of care and compassion shown challenges. What are those challenges? outpatient primary care screenings to by their friends and neighbors but also Basically too many people falling monitor the indicators of health condi- by the residents of Belleview, NE, who through the cracks. tions, peer support and counseling, bet- Nationally, more than half of those were united in their care and concern ter coordination with veterans’ clinics, with serious mental disorders don’t get for this family they never knew. acute care hospitals, and inpatient psy- Glenn, Elaine, their daughter Amy, the treatment they need to lead pro- chiatric and substance abuse services. and granddaughter Samantha will be ductive healthy lives. In my State, the All of these are missing in our com- greatly missed, and all we can do now State of Washington, 55 percent of munities, and oftentimes those individ- is model our lives after the lives they those with mental illness are not get- uals end up, as I just said, in either the ting treatment. That translates to led and ask that God comfort them, emergency room of a hospital or in a 500,000 people who are not getting the their families and be a source of sup- jail. Currently, there are no standards help they need, according to the Sub- port for all who knew them as we go for mental health services in commu- through this continued time of grief. stance Abuse and Mental Health Serv- nity health facilities. States that will Mr. President, I yield the floor. ice Administration. When they reach a participate in this program will be able The PRESIDING OFFICER. The Sen- crisis point, it is not just a burden on to get a Medicaid reimbursement equal ator from Washington. them and their families but on our to what federally qualified health cen- Ms. CANTWELL. Mr. President, I communities, our hospitals, and our ters receive for primary care services. thank the Senator from Kansas for his criminal justice systems. As a result, This is so important, and something remarks and extend my sympathies to our jails and our emergency rooms Senator STABENOW mentioned—putting the family. I thank the Senator for his have become the mental health clinic this on equal footing. More than 50 rendition of his State’s fortitude. My of last resort. State is working with fortitude right As the Tacoma News Tribune wrote mental health, medical, and law en- now too in the Oso-Darrington in a recent editorial, ‘‘Jails and prisons forcement groups and organizations mudslides, and perseverance is a good have become our de facto mental insti- supported this important legislation word. tutions.’’ because it is what they need to help do So I thank him. Not only is that approach ineffective, their job in these communities. Some Mr. MORAN. I thank my colleague. it is also extremely expensive. It of those organizations that supported EXCELLENCE IN MENTAL HEALTH ACT means local governments spend more this legislation are the National Sher- Ms. CANTWELL. Mr. President, we for housing and court services and iffs’ Association, the National Associa- took an important step today to im- medication and treatment of the mention of Police Organizations, the Amer- prove the lives of millions of Ameri- tally ill while in their custody. For ican Psychological Association, the cans who deal with mental illness. I am emergency rooms it means they fill up American Medical Association, and the talking about the Excellence in Mental with mentally ill patients they are American Foundation for Suicide Pre- Health Act, which was included in the often ill equipped to deal with. vention. provisions of the legislation we just In Washington we have seen a dra- In Washington we have seen how passed this evening. matic rise in psychiatric boarding—or some of these community-based serv- I thank my colleagues, Senators STA- warehousing. Boarding happens when ices are paying off. In rural central BENOW and BLUNT, for their leadership involuntarily committed patients must Washington, the counties of Yakima, on this bill. Senator STABENOW just wait for hours in a hospital emergency Kittitas, and Klickitat have reduced gave a very passionate history of why room because psychiatric facilities their hospitalization through strength- she has been so involved with this have no open beds. ening outpatient services and investing issue. People may not realize that she A recent investigation by the Seattle in early intervention programs, such as has been working on this since 2005. So Times found that boarding has become community treatment teams that meet I thank her for that leadership because routine in our State, ‘‘traumatizing with patients in their homes. around here it takes time to get things thousands of mentally ill residents, This region in my State now has the done, and she has never forgotten how wreaking havoc on hospitals, and wast- lowest per capita psychiatric hos- important this is for those with mental ing millions [in] taxpayer dollars.’’ Pa- pitalizations, according to an editorial illness and the loved ones and family tients are ‘‘frequently parked in hall- in the Seattle Times just last week. members who care about them. ways or bound to beds, usually given This demonstration project builds on This legislation was bipartisan legis- medication but otherwise no psy- what we already know can be suc- lation, and that certainly helped us get chiatric care.’’ cesses.

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.047 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1866 CONGRESSIONAL RECORD — SENATE March 31, 2014 Clearly, we have a lot of work to do, management. The Paul Simon Water dreds of millions of people this luxury but this important legislation will help for the Poor Act of 2005, a bill which I is not close to a reality. While we have us be smarter about community-based strongly supported, was the first major made progress in bringing clean water care that will keep people out of the legislation enacted to make access to and sanitation to millions across the emergency rooms and out of our jails, clean water and sanitation a U.S. for- world, there is still much work to be keeping them from becoming the men- eign policy priority. Each year, as done. tal health clinics of last resort. chairman of the Appropriations Sub- f As Chris Imhoff, an official with the committee on the Department of State GUN SHOW LOOPHOLE Washington State Department of So- and Foreign Operations, I have in- cial and Health Services, remarked: cluded increasing amounts of funding Mr. LEVIN Mr. President, on March It’s exciting for a community when some- to implement the Paul Simon Act. 14, 2014, a popular teacher named thing like this happens. . . . It helps us not We should reflect on the legacy of the Michelle Wilcox got into an argument. strand people with psychiatric emergencies late Senator Simon and take a moment People get into arguments all the time. in emergency rooms, which is a good thing. to recognize and appreciate his con- It is part of life. But this argument That is why this legislation is taking tributions to making clean water a de- ended, as all too many do around our us in the right direction. So again, I velopment priority. His work is carried Nation, in tragedy: suddenly, the man thank the Senators from Michigan and on through the programs and policies with whom Ms. Wilcox had been argu- Missouri for their leadership on this of the legislation that bears his name. ing pulled out a firearm, chased after legislation. It is so important we got it On World Water Day, we should also her, shot her, and left her body in a passed, and, hopefully, now it will recognize the indispensable work that grassy patch near a preschool. move towards the President’s desk and has been done by governments, NGO’s, In this case, as in so many others, implementation. and private companies to provide ac- the presence of a gun turned an ordi- f cess to clean water and sanitation. I nary altercation into a horrific mur- have visited Haiti three times in recent der. Had a firearm not been present, MORNING BUSINESS years to inspect the work of rebuilding Ms. Wilcox might have been able to Ms. CANTWELL. I ask unanimous crucial infrastructure, shattered by the walk away that fateful morning—frus- consent that the Senate proceed to a earthquake. My wife Marcelle worked trated, angry, but alive. Instead, she period of morning business with Sen- for many years as a registered nurse. was murdered, her husband of 12 years ators permitted to speak for up to 10 In 2012 she saw, firsthand, some of now awaits trial, and their child has minutes each. these vital clean water and sanitation lost its mother. A momentary bad deci- The PRESIDING OFFICER. Without initiatives. A nonprofit organization, sion ended one life and has irrevocably objection, it is so ordered. Pure Water for the World, based in changed so many more. f Rutland, VT, implements a sustainable We may not know if anything could model for clean water programs in de- have prevented this tragedy, but we do WORLD WATER DAY veloping countries by building low-cost know that this grim scene repeats Mr. LEAHY. Mr. President, March 21 water filtration systems, installing la- itself all around our Nation, almost was the 21st anniversary of World trines to improve sanitation, and pro- every day. Statistics compiled by the Water Day. On this day, we call atten- viding hygiene education in local com- Law Center to Prevent Gun Violence tion to the centrality of water in our munities. show an indisputable correlation be- lives and communities, and we recog- We must also realize how much work tween domestic violence incidents and nize the vital work that must continue is still left to do in this area of devel- firearms: that, for instance, abused to ensure that every person has access opment, and understand that to tackle women are ‘‘five times more likely to to clean water and sanitation. 21st century problems we need innova- be killed by their abuser if the abuser The acute challenges in improving tive solutions. The release of the U.S. owns a firearm.’’ Other statistics indi- access to clean water and sanitation in Agency for International Develop- cate that domestic violence assaults developing countries are well known. ment’s new water strategy last year involving a gun are ‘‘23 times more Nearly 800 million people lack clean was an important step, especially with likely to result in death’’ than those water and more than 2 billion people its focus on sustainability and en- involving other weapons, and that over are without basic sanitation. In a hanced monitoring and evaluation of ‘‘two-thirds of spouse and ex-spouse world of increasing water scarcity and projects. homicide victims in a 28-year span climate unpredictability, the risks as- I will continue to support USAID’s were killed with firearms.’’ And in 2011, sociated with an unstable water supply work to carry out its mission and the almost two-thirds of women killed with will only intensify. A wide assortment strategic objectives in the water strat- guns were killed by their intimate of global health and development chal- egy. More than $365 million was in- partners. lenges can be traced directly, or indi- cluded for WASH programs in the 2014 These sad figures show the impor- rectly, to a lack of access to clean omnibus appropriations bill that was tance of keeping firearms out of the water and integrated water resource signed into law on January 17. Con- hands of domestic abusers. But all too management. gress should also pass the Water for the often, our Nation’s system to prevent In recent years, the depth and perva- World Act, which would give USAID such dangerous individuals from get- siveness of these problems have gained additional tools to address these crit- ting guns fails. It failed in the case of increasing attention. In 2000, the U.S. ical issues. Christen Naujoks, a student at the Uni- signed the Millennium Development Lastly, I want to highlight the theme versity of North Carolina. For a brief Goals, one of which seeks to halve the of this year’s World Water Day, which time in 2004, Ms. Naujoks dated an- number of people without access to is ‘‘water and energy.’’ The links be- other student, John Peck, before end- clean water and basic sanitation by tween water and energy cannot be ig- ing the relationship. Mr. Peck had pre- 2015. This attention has also led to the nored. Nearly eight percent of all glob- viously been convicted of sexually as- formation of international partner- al energy is used to transport, pump, saulting another woman, and as a re- ships such as Water and Sanitation for and treat water for a variety of consult was legally prohibited from pur- All in 2012, of which the United States sumers, while energy generation and chasing a gun. This didn’t stop him, is an active member. As projections transmission also requires massive however, from exploiting a loophole in stand now, the MDG clean water target water resources. With more than a bil- current law that allows individuals to has already been met while there is lion people also lacking access to elec- purchase guns from private sellers’ still a long way to go in reaching the tricity, we need to address both these without undergoing a background sanitation goal by 2015. issues together. check. Mr. Peck bought an assault rifle The United States has long been a World Water Day reminds us how for- from a private seller, and on June 4, leader in supporting efforts to improve tunate we are in the United States to 2004, murdered Ms. Naujoks by shoot- global access to water, sanitation, and be able to turn on a faucet and have ing her 11 times in front of her apart- hygiene (WASH) and water resource clean water, because for many hun- ment building. Three days later, Mr.

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.048 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1867 Peck committed suicide during a police participating in the ice dancing trained within their grasp. As one Olympic fig- shootout. in metro Detroit in one of three rinks: ure skater so aptly put it, ‘‘To be able There is legislation pending before the Detroit Skating Club, Novi Ice to come up here and feel stiff and white the Senate that, if enacted, could pre- Arena, and Arctic Edge in Canton, as a ghost but stare fear in the face is vent future convicted domestic abusers which is where the Gold and Silver what I’m all about.’’ That’s the true from evading background checks to Medal teams trained. This reflects the Olympic spirit we tune in to watch, buy murder weapons. These bills could level of coaching and talent that re- and that is a fitting way to describe be the critical difference in preventing sides in Michigan. the grit, grace, and athletic prowess we another domestic argument from be- There were many inspired perform- witnessed day after day in Sochi. This coming something so much worse. We ances at these games. Fittingly, the is why I am delighted to honor these owe it to the memory of victims of do- couple that captured our imagination athletes here today by placing their mestic violence around this country to for the second straight Olympic Games, names in the CONGRESSIONAL RECORD. take every step possible to prevent Meryl Davis and Charlie White, capped f similar incidents in the future. I urge their Olympic career with a capti- TRIBUTE TO CATHY MYERS my colleagues to pass gun safety legis- vating, Gold Medal performance in ice lation that closes the gun show loop- dancing, adding this to their Silver Ms. AYOTTE. Mr. President, I wish hole. Medal performance in 2010 and their to recognize and thank Cathy Myers— a valued member of my staff who left f team Bronze in Sochi. The list of ice dancers with strong ties to Michigan is Senate service today after 35 years on 2014 OLYMPIANS long and includes Maia Shibutani, Alex Capitol Hill. Mr. LEVIN. Mr. President, every 4 Shibutani, Evan Bates, Madison Chock, Cathy has worked in Congress since years elite athletes from across the Tessa Virtue, Scott Moir, Kaitlyn Wea- 1979 when she was hired to serve as a globe gather together to share their ver, Andrew Poje, Alexandra Paul, secretary in the office of Congressman prodigious talent and skill with a Mitch Islam, Anna Cappellini, Luca Samuel Devine of Ohio. She subse- world audience through friendly com- Lanotte, Charlene Guignard, Marco quently held the same position in the office of Congressman Gene Snyder of petition. This year’s Winter Games in Fabbri, Nathalie Pechalat, Fabian Kentucky, and first came to the Senate Sochi, Russia was no different. Indeed, Bourzat, Pernelle Carron, Lloyd Jones, in 1983, when she took a job as sec- it is a tradition families across the Na- Nelli Zhiganshina, Alexander Gazsi, retary to Senator Bob Kasten of Wis- tion have gathered together to watch Julia Zlobina, Alexei Sitnikov, Isabella consin. on TV and shared for generations. Tobias, Deividas Stagniunas, Danielle In 1993, Cathy went to work for New We are transfixed by the Winter O’Brien, Greg Merrian, Cathy Reed and Hampshire Senator Judd Gregg, serv- Olympics and the athletes who take Chris Reed. ing as his executive assistant for 18 part for many reasons. We enjoy the in- Olympic hockey also showcased the years. Senator Gregg is well-known in tense competition that is the hallmark talent Michigan has to offer. Players the Granite State for his service to of the games. We enjoy the gravity- with ties to Michigan represented a constituents, and Cathy played an in- defying athletes who only seem to get number of different countries. They indispensable role in helping him stay in more daring with each passing year. cluded Americans Ryan Miller, Ryan close contact with the people of New And, we enjoy the speed and precision Kessler, Cam Fowler, Jimmy Howard, Hampshire. that is required to excel at the Olympic Patrick Kane, Phil Kessel, Justin When Senator Gregg retired, I was so level. There are also many personal Faulk, Kevin Shattenkirk, Ryan Suter, pleased that she agreed to continue and heartwarming stories of triumph James van Riemsdyk, Max Pacioretty serving the people of New Hampshire as and perseverance that are highlighted and Dan Bylsma. Those who skated for a member of my Washington staff. at the games. They remind us of what other countries included Henrik Cathy has been so helpful to me as I is possible. We witness athletes both in Zetterberg, Daniel Alfredsson, Niklas have gotten my Senate office up and victory and defeat, but always at their Kronwall, Jonathon Ericsson, Johan running. She does a tremendous job best. We admire their journey and the Franzen, Jonas Gustavsson, Pavel keeping the trains running on time, Olympic spirit that is embodied by Datsyuk, Tomas Tatar, Tomas Jurco, and I have been so deeply grateful for each of them. Duncan Keith, Chris Kunitz, Mike Bab- To become an Olympian is no easy her dedicated service. cock and Brian Lebler. Each made a During the 3 years Cathy worked as a task. Each athlete has sacrificed much significant contribution and provided member of my staff, I have also appre- to earn a spot at the Olympics. These us ample reason to be proud. ciated her personal warmth and gen- games and the performances we bear In addition to these incredible ath- erous spirit. Cathy is perhaps best witness to are often the capstone of ca- letes are Narumi Takahashi, Ryuichi known in my office for the candy dish reers that have spanned many years Kihara, Jeremy Abbott, Valentina she keeps on her desk, which is always and are the product of an enormous Marchei and Patrick Chan who com- stocked with chocolates. It is no secret amount of training, dedication, and peted admirably in figure skating. Jes- that Cathy has a sweet tooth, and she focus. This year, as in years past, we sica Smith, Jilleanne Rookard, Shani has been so kind to share her candy glimpsed into the lives of these ath- Davis, Jordan Malone, Kyle Carr, Chris with the rest of the office. letes, which includes parents, coaches Creveling and Anthony Lobello graced Cathy Myers has served the people of and family members who shaped these the speed skating track. And there New Hampshire and the Senate with athletes from the very beginning, were snowboarders Karly Shorr, Danny honor and distinction. On behalf of all spending countless hours and effort in Davis and Nick Bumgartner whose those whose lives Cathy has touched in training, travelling from competition style and flair was unmistakable. the Granite State and on Capitol Hill, to competition, and molding young Rounding out Michigan’s contribu- I wish her the very best as she starts athletes into the competitors we see tion in Sochi was Lauryn Williams, a this new chapter in her life. before us. Summer Olympic star who became the The Winter Olympics seamlessly first woman, and fifth person overall, f blends the events and traditions we to medal in both the Summer and Win- ADDITIONAL STATEMENTS have come to enjoy for many years ter Olympics. Her Silver as part of a with newer, fresher disciplines that two-person bobsled team was one of the leave us in awe and bravely test our most memorable moments of the TRIBUTE TO ZEV YAROSLAVSKY limits. Young people are shaped by games. ∑ Mrs. FEINSTEIN. Mr. President, I these moments. Some will even grow I join many across Michigan in con- wish to honor Zev Yaroslavsky, who is up and follow this impressive path. gratulating each of these athletes. It retiring at the end of this year, after a Michigan was well-represented at the was gratifying to watch and reminds us distinguished and illustrious career 2014 Winter Olympic Games. One area all, especially young people across spanning 40 years as a public servant in where Michigan shined was in ice danc- Michigan, that reaching for the stars, the State of California. We wish to ex- ing. Impressively, 15 of the 24 teams or in this case the Olympics, is firmly tend to Mr. Yaroslavsky our sincere

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.009 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1868 CONGRESSIONAL RECORD — SENATE March 31, 2014 congratulations for the decades of dedi- DC, that promotes the development of progress. We often think of these lead- cated service that he has given to his democratic institutions in burgeoning ers as people unconnected to our States Nation, his State, his city, and his democracies. He has monitored three and constituents. But as I have known county. international elections for NDI: Roma- our university leaders in Alabama, Mr. Yaroslavsky was first elected to nia (1990), Mexico (2000), and Ukraine such is not the case. They are men and the Los Angeles County Board of Su- (2004). He also has conducted seminars women of stability, common sense, and pervisors in 1994 and is in the final year on democratic institution-building in management skills. Dr. Thomas was no of his fifth term on the Board. He has Russia, Ukraine, Turkey, and Bosnia- exception. served as chair of the Board, which is Herzegovina. Dr. Thomas was a native of the won- rotated annually among the super- While these are just some of Zev derful small Alabama town of Russell- visors, four times. For the past 20 Yaroslavsky’s significant accomplish- ville. His integrity, work ethic, and na- years, he has represented the Third ments, on behalf of the U.S. Senate and tive ability were outstanding, and he Supervisorial District, where he will be the State of California, we extend our translated those qualities into three remembered as a devoted public serv- heartfelt gratitude for his inestimable degrees in biological science from Har- ant who amassed numerous accom- contributions throughout his renowned vard University, where he was a mem- plishments and innumerable awards. career. With sincere best wishes, we ber of the Phi Beta Kappa and Sigma Mr. Yaroslavsky represents nearly 2 congratulate Mr. Yaroslavsky upon his Xi academic honor societies. In 1961, he million residents in his district. His ef- retirement from the Los Angeles Coun- became a member of the biology fac- forts primarily have focused on fiscal, ty Board of Supervisors. We are pleased ulty at the University of Alabama. health care, transportation, the envi- to join his many co-workers, family, In 1981, Dr. Thomas became the presi- ronment, veterans affairs, homeless- friends, and associates in wishing him dent of the University of Alabama. Dr. ness, and the arts. Prior to rep- health, happiness, and continued good Thomas is credited with tripling UA’s resenting the Third Supervisorial Dis- fortune in his future endeavors.∑ research funding, leading a major fund- trict, he served on the Los Angeles f raising campaign, raising admission City Council from 1975 to 1994 to which and curriculum standards, building he was elected and re-elected six times. ASSOCIATION OF JEWISH AGING economic development initiatives that As a Los Angeles City councilman, SERVICES saved local jobs and improving rela- Mr. Yaroslavsky honed his fiscal skills ∑ Mr. NELSON. Mr. President, I wish tions with the State legislature, result- as the respected chair of the Council’s to recognize an important meeting taking in increased State funding for the Finance Committee, and he also earned ing place in Jacksonville, FL. The As- university. He also established a uni- a reputation as a politician who was sociation of Jewish Aging Services— versity-wide honors program and initi- willing to take on issues that others AJAS—is holding its 54th annual con- ated the highly successful Presidential would not, including the highly conference this week. Scholars program to help recruit top troversial excessive use of force and in- The theme of this year’s conference students to University of Alabama. telligence gathering policies of the Los is ‘‘Bringing the Future Home.’’ AJAS In the words of University of Ala- Angeles Police Department. As coun- has set itself apart as the central ad- bama’s current chancellor, Robert cilman, he also co-authored two land- dress for Jewish eldercare. This theme Witt, ‘‘From his days as a teaching fel- mark initiatives with his colleague, reflects AJAS’s commitment to mak- low at Harvard to his tenure at the the late Councilman Marvin Braude: ing a positive impact on the lives of helm of three of America’s premier Proposition U (1986) which cut by half seniors and emphasizes the importance public universities, Joab Thomas was the commercial development rights ad- of keeping seniors in their homes. It at the forefront as a leader in higher jacent to residential neighborhoods, also indicates the growing importance education. His research focus and em- and Proposition O (1988) which repealed of continuing to plan for the future and phasis on excellence inspired all of us a drilling permit previously issued to demonstrate the value of and necessity who were fortunate to follow in his the Occidental Petroleum Company. for providing resources for Jewish footsteps.’’ Most notably, a few of his major ac- aging services. Dr. Thomas was an outstanding uni- complishments as supervisor include As chairman of the Senate Special versity president and was held in the authoring the 1996 Proposition ‘A’ park Committee on Aging, I am well aware highest esteem and affection by the bond that resulted in the preservation of the need to make sure our long-term many people he served so ably. I ask of rural open space and the develop- care system is meeting the needs of our my colleagues to join me in honoring ment of urban parks throughout the aging population. As our Nation’s sen- Dr. Thomas for his dedication and county. He also authored the 2002 Prop- iors continue to age in to the need for many contributions to public univer- osition ‘B’ trauma tax, approved by greater supports and services, we must sities.∑ over 73 percent of county voters, which evolve to meet the cultural, social, and f is largely credited with stabilizing the physical needs of Jewish seniors. In county’s health care finances. fact, we have shined a spotlight on this TRIBUTE TO EDITH MILDRED Mr. Yaroslavsky was the driving issue in the Aging Committee. TAYLOR force behind the Orange Line busway Conversations such as those at ∑ Mr. WARNER. Mr. President, I would across the San Fernando Valley which AJAS’s conference this week are ever- like to take a few moments to recog- opened in 2005 to record ridership more critical to ensure that as a Na- nize the 102nd birthday of an incredible (22,000 daily boardings). He led the ef- tion we continue to innovate and adapt Virginian, Edith Mildred Taylor. Edith fort to rebuild and modernize the world our existing system to meet the de- was born on April Fools’ Day in 1912, famous Hollywood Bowl amphitheater mands of America’s seniors.∑ which could help explain her lifelong which re-opened in 2004, and he was in- f good nature and reputation for well-ex- strumental in the development of Walt ecuted pranks, including once wrapping Disney Concert Hall, the home of the REMEMBERING JOAB L. THOMAS a live mouse as a birthday gift for her L.A. Philharmonic Orchestra, which ∑ Mr. SESSIONS. Mr. President, I wish teenaged sister. opened in 2003. He has also helped fund to commemorate and celebrate the life Edith was born on a farm in Culpeper major investments in the L.A. County and contributions of Dr. Joab Langston and has lived there for all of her 102 Museum of Art and the County’s Mu- Thomas of Tuscaloosa, AL, who served years. As a young widow, she raised seum of Natural History. He is re- as chief executive officer of three of Sarah Ellen Taylor while working at garded as the county’s fiscal watchdog, the country’s well established public the Culpeper Baptist Nursing Home, insisting that it live within its means. universities, including the University caring for seniors and undoubtedly Since 1991, Mr. Yaroslavsky has also of Alabama, Pennsylvania State Uni- brightening the days of many. After been associated with the National versity, and North Carolina State Uni- many decades of service to Virginia Democratic Institute for International versity. We too often fail to appreciate seniors, she retired to care for her 90- Affairs, NDI, a non-governmental orga- the contributions our university lead- year-old father, who also lived into his nization headquartered in Washington, ers make to our State’s and Nation’s 100th year.

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G31MR6.008 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1869 Edith loves animals and plants, and to law, a report relative to the export to the Human Services, transmitting, pursuant to is a vegetarian, although I have been People’s Republic of China of items not det- law, the report of a rule entitled ‘‘Patient told she refuses to admit it. If there is rimental to the U.S. space launch industry; Protection and Affordable Care Act; HHS No- to the Committee on Foreign Relations. tice of Benefit and Payment Parameters for any connection between eating beans EC–5033. A communication from the Assist- 2015’’ (RIN0938–AR89) received in the Office of and longevity, she is living proof. She ant Secretary, Legislative Affairs, Depart- the President of the Senate on March 11, does not take any medications, and has ment of State, transmitting, pursuant to 2014; to the Committee on Health, Education, only visited a doctor two times in more law, a report relative to the elimination of Labor, and Pensions. than 100 years. the danger pay allowance for Cote d’Ivoire; EC–5043. A communication from the Asso- Edith lives at home with her daugh- to the Committee on Foreign Relations. ciate Administrator of the Fruit and Vege- EC–5034. A communication from the Sec- ter but even at 102, still cares for her- table Programs, Agricultural Marketing retary of the Treasury, transmitting, pursu- Service, Department of Agriculture, trans- self. Her daughter provides care for ant to Executive Order 13313 of July 31, 2003, mitting, pursuant to law, the report of a rule other elders less blessed with good a semiannual report detailing telecommuni- entitled ‘‘Olives Grown in California; De- health than her 102-year-old mother. cations-related payments made to Cuba pur- creased Assessment Rate’’ (Docket No. AMS– I would like to thank Edith for her suant to Department of the Treasury li- FV–14–0002; FV14–932–1 IR) received in the Of- service to the Commonwealth’s seniors, censes; to the Committee on Foreign Rela- fice of the President of the Senate on March and wish her a very happy birthday.∑ tions. 26, 2014; to the Committee on Agriculture, EC–5035. A communication from the Acting Nutrition, and Forestry. f Assistant Legal Adviser for Treaty Affairs, EC–5044. A communication from the Con- Department of State, transmitting, pursuant gressional Review Coordinator, Animal and MESSAGES FROM THE PRESIDENT to the Case-Zablocki Act, 1 U.S.C. 112b, as Plant Health Inspection Service, Department Messages from the President of the amended, the report of the texts and back- of Agriculture, transmitting, pursuant to United States were communicated to ground statements of international agree- law, the report of a rule entitled ‘‘Importa- the Senate by Mr. Williams, one of his ments, other than treaties (List 2014–0014– tion of Potatoes From Mexico’’ ((RIN0579– 2014–0019); to the Committee on Foreign Re- AD78) (Docket No. APHIS–2013–0037)) re- secretaries. lations. ceived in the Office of the President of the f EC–5036. A communication from the Prime Senate on March 26, 2014; to the Committee Minister, Kurdistan Regional Government, on Agriculture, Nutrition, and Forestry. EXECUTIVE MESSAGES REFERRED transmitting, a request that the Obama Ad- EC–5045. A communication from the Board As in executive session the Presiding ministration remove the Kurdistan Demo- Chair and Chief Executive Officer, Farm cratic Party (KDP) and the Patriotic Union Credit Administration, transmitting the Officer laid before the Senate messages of Kurdistan (PUK) from the Foreign Ter- Agency’s proposed fiscal year 2015 budget; to from the President of the United rorist Organizations list; to the Committee the Committee on Agriculture, Nutrition, States submitting sundry nominations on Foreign Relations. and Forestry. which were referred to the appropriate EC–5037. A communication from the Gen- EC–5046. A communication from the Acting committees. eral Counsel, National Endowment for the Chairman of the Consumer Product Safety (The messages received today are Humanities, transmitting, pursuant to law, Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Public Access printed at the end of the Senate pro- the Commission’s Annual Performance Re- to NEH Records Under the Freedom of Infor- port for fiscal year 2013; to the Committee on ceedings.) mation Act’’ (RIN3136–AA32) received in the Homeland Security and Governmental Af- f Office of the President of the Senate on fairs. March 25, 2014; to the Committee on Health, EC–5047. A communication from the Chair- EXECUTIVE AND OTHER Education, Labor, and Pensions. man of the Merit Systems Protection Board, COMMUNICATIONS EC–5038. A communication from the Direc- transmitting, pursuant to law, the Board’s tor of Regulations Policy and Management Strategic Plan for fiscal years 2014–2018 and The following communications were Staff, Food and Drug Administration, De- the Annual Performance Plan for fiscal year laid before the Senate, together with partment of Health and Human Services, 2013 and Annual Performance Plan for fiscal accompanying papers, reports, and doc- transmitting, pursuant to law, the report of years 2014–2015; to the Committee on Home- uments, and were referred as indicated: a rule entitled ‘‘Food Additives Permitted in land Security and Governmental Affairs. EC–5026. A communication from the Assist- Feed and Drinking Water of Animals; Ben- EC–5048. A communication from the Chief ant Secretary, Legislative Affairs, Depart- zoic Acid’’ (Docket No. FDA–2012–F–1100) re- Human Resources Officer, United States ment of State, transmitting, pursuant to ceived during adjournment of the Senate in Postal Service, transmitting, pursuant to law, a report relative to section 36(d) of the the Office of the President of the Senate on law, the Postal Service’s fiscal year 2013 an- March 14, 2014; to the Committee on Health, nual report relative to the Notification and Arms Export Control Act (DDTC 13–181); to Education, Labor, and Pensions. Federal Employee Antidiscrimination and the Committee on Foreign Relations. EC–5039. A communication from the Direc- Retaliation Act of 2002; to the Committee on EC–5027. A communication from the Assist- tor of Regulations Policy and Management Homeland Security and Governmental Af- ant Secretary, Legislative Affairs, Depart- Staff, Food and Drug Administration, De- fairs. ment of State, transmitting, pursuant to partment of Health and Human Services, EC–5049. A communication from the Chair- law, a report relative to section 36(c) of the transmitting, pursuant to law, the report of man, Occupational Safety and Health Review Arms Export Control Act (DDTC 14–014); to a rule entitled ‘‘New Animal Drug Applica- Commission, transmitting, pursuant to law, the Committee on Foreign Relations. tions; Confidentiality of Data and Informa- a report of the Commission’s Strategic Plan EC–5028. A communication from the Assist- tion in a New Animal Drug Application File’’ for 2014–2018; to the Committee on Homeland ant Secretary, Legislative Affairs, Depart- (Docket No. FDA–2014–N–0108) received dur- Security and Governmental Affairs. ment of State, transmitting, pursuant to ing adjournment of the Senate in the Office EC–5050. A communication from the law, a report relative to section 36(c) of the of the President of the Senate on March 21, Human Resources Specialist, Office of the Arms Export Control Act (DDTC 13–167); to 2014; to the Committee on Health, Education, Executive Director, Office of Navajo and the Committee on Foreign Relations. Labor, and Pensions. Hopi Indian Relocation, transmitting, pursu- EC–5029. A communication from the Assist- EC–5040. A communication from the Pro- ant to law, a report relative to the No FEAR ant Secretary, Legislative Affairs, Depart- gram Manager, Centers for Medicare and Act for fiscal year 2013; to the Committee on ment of State, transmitting, pursuant to Medicaid Services, Department of Health Homeland Security and Governmental Af- law, a report relative to section 36(c) of the and Human Services, transmitting, pursuant fairs. Arms Export Control Act (DDTC 13–184); to to law, the report of a rule entitled ‘‘Basic EC–5051. A communication from the Direc- the Committee on Foreign Relations. Health Program: State Administration of tor, Office of Economic Impact and Diver- EC–5030. A communication from the Assist- Basic Health Programs . . .Trust Fund and sity, Department of Energy, transmitting, ant Secretary, Legislative Affairs, Depart- Financial Integrity’’ (RIN0938–AR93) re- pursuant to law, the Department’s fiscal ment of State, transmitting, pursuant to ceived in the Office of the President of the year 2013 report relative to the Notification law, a report relative to section 36(c) of the Senate on March 11, 2014; to the Committee and Federal Employee Antidiscrimination Arms Export Control Act (DDTC 13–162); to on Health, Education, Labor, and Pensions. and Retaliation Act of 2002 (No FEAR Act); the Committee on Foreign Relations. EC–5041. A communication from the Sec- to the Committee on Homeland Security and EC–5031. A communication from the Assist- retary of Health and Human Services, trans- Governmental Affairs. ant Secretary, Legislative Affairs, Depart- mitting, pursuant to law, a report entitled EC–5052. A communication from the Sec- ment of State, transmitting, pursuant to ‘‘Report to Congress on the Evaluation of retary of Labor, transmitting, pursuant to law, a report relative to section 36(c) of the the Medicare Care Management Performance law, the Pension Benefit Guaranty Corpora- Arms Export Control Act (DDTC 13–185); to (MCMP) Demonstration’’; to the Committee tion’s Office of Inspector General’s Semi- the Committee on Foreign Relations. on Health, Education, Labor, and Pensions. annual Report to Congress and the Director’s EC–5032. A communication from the Sec- EC–5042. A communication from the Pro- Semiannual Report to Congress on Manage- retary of Commerce, transmitting, pursuant gram Manager, Department of Health and ment Decisions for the periods from April 1,

VerDate Mar 15 2010 04:45 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.032 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1870 CONGRESSIONAL RECORD — SENATE March 31, 2014 2012 through September 30, 2012, October 1, EC–5062. A communication from the Asso- the Commission’s Strategic Plan for fiscal 2012 through March 31, 2013, and April 1, 2013 ciate General Counsel for General Law, De- years 2014 through 2019; to the Committee on through September 30, 2013; to the Com- partment of Homeland Security, transmit- Rules and Administration. mittee on Homeland Security and Govern- ting, pursuant to law, a report relative to a EC–5071. A communication from the Dep- mental Affairs. vacancy in the position of Under Secretary, uty Director of the Regulation Policy and EC–5053. A communication from the Assist- National Protection and Programs Direc- Management Office of the General Counsel, ant Secretary for Export Administration, torate, Department of Homeland Security, Veterans Health Administration, Depart- Bureau of Industry and Security, Depart- received during adjournment of the Senate ment of Veterans Affairs, transmitting, pur- ment of Commerce, transmitting, pursuant in the Office of the President of the Senate suant to law, the report of a rule entitled to law, the report of a rule entitled ‘‘Imple- on March 20, 2014; to the Committee on ‘‘VA Dental Insurance Program—Fed- mentation of the Understandings Reached at Homeland Security and Governmental Af- eralism’’ (RIN2900–AO85) received in the Of- the June 2013 Australia Group (AG) Plenary fairs. fice of the President of the Senate on March Meeting and the December 2012 AG Interses- EC–5063. A communication from the Asso- 25, 2014; to the Committee on Veterans’ Af- sional Decisions’’ (RIN0694–AG04) received in ciate General Counsel for General Law, De- fairs. the Office of the President of the Senate on partment of Homeland Security, transmit- EC–5072. A communication from the Dep- March 26, 2014; to the Committee on Bank- ting, pursuant to law, a report relative to a uty Director of the Regulation Policy and ing, Housing, and Urban Affairs. vacancy in the position of Inspector General, Management Office of the General Counsel, EC–5054. A communication from the Direc- Office of Inspector General, Department of Veterans Health Administration, Depart- tor, Office of Surface Mining, Department of Homeland Security, received during adjournment of Veterans Affairs, transmitting, pur- the Interior, transmitting, pursuant to law, ment of the Senate in the Office of the Presi- suant to law, the report of a rule entitled the report of a rule entitled ‘‘Wyoming Regu- dent of the Senate on March 19, 2014; to the ‘‘Vocational Rehabilitation and Employment latory Program’’ (Docket No. WY–044–FOR) Committee on Homeland Security and Gov- Program: Changes Related to the Honoring received in the Office of the President of the ernmental Affairs. America’s Veterans and Caring for Camp Senate on March 26, 2014; to the Committee EC–5064. A communication from the Asso- Lejeune Families Act of 2012’’ (RIN2900– on Energy and Natural Resources. ciate General Counsel for General Law, De- AO87) received in the Office of the President EC–5055. A communication from the Direc- partment of Homeland Security, transmit- tor, Office of Surface Mining Reclamation of the Senate on March 25, 2014; to the Com- ting, pursuant to law, a report relative to a mittee on Veterans’ Affairs. and Enforcement, Department of the Inte- vacancy in the position of Deputy Adminis- rior, transmitting, pursuant to law, the re- trator, Federal Emergency Management f port of a rule entitled ‘‘Civil Monetary Pen- Agency, Department of Homeland Security, alties’’ (RIN 1029–AC67) received in the Office REPORTS OF COMMITTEES received in the Office of the President of the of the President of the Senate on March 26, Senate on March 26, 2014; to the Committee The following reports of committees 2014; to the Committee on Energy and Nat- on Homeland Security and Governmental Af- were submitted: ural Resources. EC–5056. A communication from the Ad- fairs. By Ms. LANDRIEU, from the Committee EC–5065. A communication from the Asso- ministrator, Federal Emergency Manage- on Energy and Natural Resources, with an ciate General Counsel for General Law, De- ment Agency, Department of Homeland Se- amendment: partment of Homeland Security, transmit- curity, transmitting, pursuant to law, a re- S. 404. A bill to preserve the Green Moun- ting, pursuant to law, a report relative to a port relative to the cost of response and re- tain Lookout in the Glacier Peak Wilderness vacancy in the position of Commissioner, covery efforts for FEMA–3366–EM in the of the Mount Baker-Snoqualmie National U.S. Customs and Border Protection, Depart- State of West Virginia having exceeded the Forest (Rept. No. 113–140). $5,000,000 limit for a single emergency dec- ment of Homeland Security, received during By Ms. LANDRIEU, from the Committee laration; to the Committee on Homeland Se- adjournment of the Senate in the Office of on Energy and Natural Resources, without curity and Governmental Affairs. the President of the Senate on March 20, amendment: EC–5057. A communication from the Chair- 2014; to the Committee on Homeland Secu- S. 1044. A bill to direct the Secretary of the man of the Council of the District of Colum- rity and Governmental Affairs. Interior to install in the area of the World bia, transmitting, pursuant to law, a report EC–5066. A communication from the Asso- War II Memorial in the District of Columbia on D.C. Act 20–291, ‘‘Fiscal Year 2014 Budget ciate General Counsel for Legislation and a suitable plaque or an inscription with the Support Technical Clarification Amendment Regulations, Office of Public and Indian words that President Franklin D. Roosevelt Act of 2014’’; to the Committee on Homeland Housing, Department of Housing and Urban prayed with the United States on D-Day, Security and Governmental Affairs. Development, transmitting, pursuant to law, June 6, 1944 (Rept. No. 113–141). EC–5058. A communication from the Chair- the report of a rule entitled ‘‘Conforming f man of the Council of the District of Colum- Amendment to the Section 184 Indian Hous- bia, transmitting, pursuant to law, a report ing Loan Guarantee Program Regulations’’ INTRODUCTION OF BILLS AND on D.C. Act 20–292, ‘‘Vending Regulations (RIN2577–AC91) received during adjournment JOINT RESOLUTIONS Temporary Amendment Act of 2014’’; to the of the Senate in the Office of the President Committee on Homeland Security and Gov- of the Senate on March 19, 2014; to the Com- The following bills and joint resolu- ernmental Affairs. mittee on Indian Affairs. tions were introduced, read the first EC–5059. A communication from the Chair- EC–5067. A communication from the Staff and second times by unanimous con- man of the Council of the District of Colum- Director, U.S. Sentencing Commission, sent, and referred as indicated: bia, transmitting, pursuant to law, a report transmitting, pursuant to law, a report rel- on D.C. Act 20–300, ‘‘Classroom Animal for ative to the compliance of federal district By Mr. WYDEN (for himself and Mr. Education Purposes Clarification Temporary courts with documentation submission re- MERKLEY): Amendment Act of 2014’’; to the Committee quirements; to the Committee on the Judici- S. 2184. A bill to designate the community on Homeland Security and Governmental Af- ary. based outpatient clinic of the Department of fairs. EC–5068. A communication from the Prin- Veterans Affairs located in The Dalles, Or- EC–5060. A communication from the Asso- cipal Deputy Assistant Attorney General, Of- egon, as the ‘‘Loren R. Kaufman Memorial ciate General Counsel for General Law, De- fice of Legislative Affairs, Department of Veterans’ Clinic’’; to the Committee on Vet- partment of Homeland Security, transmit- Justice, transmitting, pursuant to law, the erans’ Affairs. ting, pursuant to law, a report relative to a third quarter of fiscal year 2013 quarterly re- By Mr. JOHNSON of Wisconsin (for vacancy in the position of Director, United port of the Department of Justice’s Office of himself and Ms. BALDWIN): States Citizenship and Immigration Serv- Privacy and Civil Liberties; to the Com- S. 2185. A bill to designate the facility of ices, Department of Homeland Security, re- mittee on the Judiciary. the United States Postal Service located at ceived during adjournment of the Senate in EC–5069. A communication from the Chief 123 South 9th Street in De Pere, Wisconsin, the Office of the President of the Senate on of the Office of Regulatory Affairs, Bureau of as the ‘‘Corporal Justin D. Ross Post Office March 19, 2014; to the Committee on Home- Alcohol, Tobacco, Firearms, and Explosives, Building’’; to the Committee on Homeland land Security and Governmental Affairs. Department of Justice, transmitting, pursu- Security and Governmental Affairs. EC–5061. A communication from the Asso- ant to law, the report of a rule entitled ‘‘Im- By Mr. BEGICH: ciate General Counsel for General Law, De- portation of Arms, Ammunition and Defense S. 2186. A bill to amend title XVIII of the partment of Homeland Security, transmit- Articles—Removal of Certain Defense Arti- Social Security Act to provide for a min- ting, pursuant to law, a report relative to a cles Currently on the U.S. Munitions Import imum Medicare payment rate for primary vacancy in the position of Assistant Sec- List That No Longer Warrant Import Con- care services furnished by primary care phy- retary, U.S. Immigration and Customs En- trol Under the Arms Export Control Act’’ sicians; to the Committee on Finance. forcement, Department of Homeland Secu- (RIN1140–AA45) received in the Office of the By Mr. BEGICH: rity, received during adjournment of the President of the Senate on March 27, 2014; to S. 2187. A bill to amend title XVIII of the Senate in the Office of the President of the the Committee on the Judiciary. Social Security Act to provide for a five-year Senate on March 19, 2014; to the Committee EC–5070. A communication from the Direc- extension of the rural community hospital on Homeland Security and Governmental Af- tor, Congressional Affairs, Federal Election demonstration program; to the Committee fairs. Commission, transmitting, pursuant to law, on Finance.

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.016 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1871 By Mr. TESTER (for himself, Mr. S. 113 mestically by certain qualifying pro- MORAN, Mr. UDALL of New Mexico, At the request of Mr. DURBIN, the ducers. Mr. BEGICH, Ms. HEITKAMP, Mrs. MUR- name of the Senator from Ohio (Mr. S. 945 RAY, Mr. HEINRICH, and Mr. WALSH): BROWN) was added as a cosponsor of S. S. 2188. A bill to amend the Act of June 18, At the request of Mrs. SHAHEEN, the 1934, to reaffirm the authority of the Sec- 113, a bill to amend the Truth in Lend- name of the Senator from Illinois (Mr. retary of the Interior to take land into trust ing Act and the Higher Education Act KIRK) was added as a cosponsor of S. for Indian tribes; to the Committee on In- of 1965 to require certain creditors to 945, a bill to amend title XVIII of the dian Affairs. obtain certifications from institutions Social Security Act to improve access f of higher education, and for other pur- to diabetes self-management training poses. by authorizing certified diabetes edu- SUBMISSION OF CONCURRENT AND S. 192 cators to provide diabetes self-manage- SENATE RESOLUTIONS At the request of Mr. BARRASSO, the ment training services, including as The following concurrent resolutions names of the Senator from Virginia part of telehealth services, under part and Senate resolutions were read, and (Mr. KAINE) and the Senator from Ohio B of the Medicare program. referred (or acted upon), as indicated: (Mr. PORTMAN) were added as cospon- S. 1011 By Mrs. MURRAY (for herself, Mr. sors of S. 192, a bill to enhance the en- At the request of Mr. JOHANNS, the BLUNT, Mr. MENENDEZ, Mr. JOHNSON ergy security of United States allies, name of the Senator from South Da- of South Dakota, and Mr. SCHATZ): and for other purposes. kota (Mr. THUNE) was added as a co- S. Res. 405. A resolution expressing support S. 231 sponsor of S. 1011, a bill to require the for the designation of the week of March 31 At the request of Mr. PORTMAN, the Secretary of the Treasury to mint through April 4, 2014, as ‘‘National Assistant coins in commemoration of the centen- Principals Week’’; considered and agreed to. name of the Senator from Massachu- By Mr. WICKER (for himself and Mr. setts (Ms. WARREN) was added as a co- nial of Boys Town, and for other pur- PRYOR): sponsor of S. 231, a bill to reauthorize poses. S. Res. 406. A resolution designating April the Multinational Species Conserva- S. 1116 4, 2014, as ‘‘National Association of Junior tion Funds Semipostal Stamp. At the request of Mr. SCHUMER, the Auxiliaries Day’’; considered and agreed to. name of the Senator from California S. 462 By Mr. SESSIONS (for himself, Mr. (Mrs. FEINSTEIN) was added as a co- At the request of Mrs. BOXER, the SHELBY, Mr. REID, Mr. MCCONNELL, sponsor of S. 1116, a bill to amend the name of the Senator from Arizona (Mr. Mr. ALEXANDER, Ms. AYOTTE, Ms. Internal Revenue Code of 1986 to equal- BALDWIN, Mr. BARRASSO, Mr. BEGICH, FLAKE) was added as a cosponsor of S. ize the exclusion from gross income of Mr. BENNET, Mr. BLUMENTHAL, Mr. 462, a bill to enhance the strategic parking and transportation fringe ben- BLUNT, Mr. BOOKER, Mr. BOOZMAN, partnership between the United States efits and to provide for a common cost- Mrs. BOXER, Mr. BROWN, Mr. BURR, and Israel. Ms. CANTWELL, Mr. CARDIN, Mr. CAR- of-living adjustment, and for other pur- PER, Mr. CASEY, Mr. CHAMBLISS, Mr. S. 539 poses. COATS, Mr. COBURN, Mr. COCHRAN, Ms. At the request of Mrs. SHAHEEN, the S. 1155 COLLINS, Mr. COONS, Mr. CORKER, Mr. name of the Senator from Illinois (Mr. At the request of Mr. TESTER, the CORNYN, Mr. CRAPO, Mr. CRUZ, Mr. KIRK) was added as a cosponsor of S. name of the Senator from Vermont DONNELLY, Mr. DURBIN, Mr. ENZI, 539, a bill to amend the Public Health (Mr. LEAHY) was added as a cosponsor Mrs. FEINSTEIN, Mrs. FISCHER, Mr. Service Act to foster more effective FLAKE, Mr. FRANKEN, Mrs. GILLI- of S. 1155, a bill to provide for advance implementation and coordination of BRAND, Mr. GRAHAM, Mr. GRASSLEY, appropriations for certain information Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, clinical care for people with pre-diabe- technology accounts of the Department Mr. HEINRICH, Ms. HEITKAMP, Mr. tes and diabetes. of Veterans Affairs, to include mental HELLER, Ms. HIRONO, Mr. HOEVEN, Mr. S. 727 health professionals in training pro- INHOFE, Mr. ISAKSON, Mr. JOHANNS, At the request of Mr. MORAN, the grams of the Department, and for other Mr. JOHNSON of Wisconsin, Mr. JOHN- name of the Senator from Alaska (Ms. purposes. SON of South Dakota, Mr. KAINE, Mr. MURKOWSKI) was added as a cosponsor KING, Mr. KIRK, Ms. KLOBUCHAR, Ms. S. 1405 LANDRIEU, Mr. LEAHY, Mr. LEE, Mr. of S. 727, a bill to improve the examina- At the request of Mr. SCHUMER, the LEVIN, Mr. MANCHIN, Mr. MARKEY, tion of depository institutions, and for name of the Senator from Kansas (Mr. Mr. MCCAIN, Mrs. MCCASKILL, Mr. other purposes. MORAN) was added as a cosponsor of S. MENENDEZ, Mr. MERKLEY, Ms. MIKUL- S. 822 1405, a bill to amend title XVIII of the SKI, Mr. MORAN, Ms. MURKOWSKI, Mr. At the request of Mr. LEAHY, the Social Security Act to provide for an MURPHY, Mrs. MURRAY, Mr. NELSON, names of the Senator from Colorado extension of certain ambulance add-on Mr. PAUL, Mr. PORTMAN, Mr. PRYOR, Mr. REED, Mr. RISCH, Mr. ROBERTS, (Mr. BENNET) and the Senator from payments under the Medicare program. Mr. ROCKEFELLER, Mr. RUBIO, Mr. New Hampshire (Mrs. SHAHEEN) were S. 1431 SANDERS, Mr. SCHATZ, Mr. SCHUMER, added as cosponsors of S. 822, a bill to At the request of Mr. WYDEN, the Mr. SCOTT, Mrs. SHAHEEN, Ms. STABE- protect crime victims’ rights, to elimi- name of the Senator from Wisconsin NOW, Mr. TESTER, Mr. THUNE, Mr. nate the substantial backlog of DNA (Ms. BALDWIN) was added as a cospon- TOOMEY, Mr. UDALL of Colorado, Mr. samples collected from crime scenes sor of S. 1431, a bill to permanently ex- UDALL of New Mexico, Mr. VITTER, and convicted offenders, to improve tend the Internet Tax Freedom Act. Mr. WALSH, Mr. WARNER, Ms. WAR- and expand the DNA testing capacity S 1468 REN, Mr. WHITEHOUSE, Mr. WICKER, . and Mr. WYDEN): of Federal, State, and local crime lab- At the request of Mr. BROWN, the S. Res. 407. A resolution honoring former oratories, to increase research and de- name of the Senator from Arkansas Senator and Rear Admiral Jeremiah Andrew velopment of new DNA testing tech- (Mr. BOOZMAN) was added as a cospon- Denton, Jr; considered and agreed to. nologies, to develop new training pro- sor of S. 1468, a bill to require the Sec- f grams regarding the collection and use retary of Commerce to establish the of DNA evidence, to provide post con- Network for Manufacturing Innovation ADDITIONAL COSPONSORS viction testing of DNA evidence to ex- and for other purposes. S. 84 onerate the innocent, to improve the S. 1803 At the request of Ms. MIKULSKI, the performance of counsel in State capital At the request of Mr. DURBIN, the name of the Senator from Florida (Mr. cases, and for other purposes. name of the Senator from Ohio (Mr. NELSON) was added as a cosponsor of S. S. 917 BROWN) was added as a cosponsor of S. 84, a bill to amend the Fair Labor At the request of Mr. CARDIN, the 1803, a bill to require certain protec- Standards Act of 1938 to provide more name of the Senator from Hawaii (Mr. tions for student loan borrowers, and effective remedies to victims of dis- SCHATZ) was added as a cosponsor of S. for other purposes. crimination in the payment of wages 917, a bill to amend the Internal Rev- S. 1862 on the basis of sex, and for other pur- enue Code of 1986 to provide a reduced At the request of Mr. BLUNT, the poses. rate of excise tax on beer produced do- name of the Senator from New Jersey

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.019 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1872 CONGRESSIONAL RECORD — SENATE March 31, 2014 (Mr. BOOKER) was added as a cosponsor areas of the United States in the deliv- of the Secretary of the Interior to take of S. 1862, a bill to grant the Congres- ery of such communications. land into trust for Indian tribes; to the sional Gold Medal, collectively, to the S. 2153 Committee on Indian Affairs. Monuments Men, in recognition of At the request of Mr. RUBIO, the Mr. TESTER. Mr. President, I rise their heroic role in the preservation, name of the Senator from Wyoming today to introduce legislation to cor- protection, and restitution of monu- (Mr. ENZI) was added as a cosponsor of rect a historical wrong. ments, works of art, and artifacts of S. 2153, a bill to establish a National My legislation is a necessary amend- cultural importance during and fol- Regulatory Budget, and for other pur- ment to the Indian Reorganization Act lowing World War II. poses. of June 18, 1934. It addresses a Supreme S. 1961 S. 2157 Court ruling that was, in my opinion, At the request of Mr. MANCHIN, the At the request of Mr. WYDEN, the wrong. name of the Senator from Oregon (Mr. name of the Senator from Wisconsin On February 24, 2009, the Supreme Court issued its decision in the Carcieri WYDEN) was added as a cosponsor of S. (Ms. BALDWIN) was added as a cospon- 1961, a bill to protect surface water sor of S. 2157, a bill to amend titles v. Salazar case. In that decision the from contamination by chemical stor- XVIII and XIX of the Social Security Supreme Court held that the Secretary age facilities, and for other purposes. Act to repeal the Medicare sustainable of the Interior exceeded his authority in taking land into trust for a tribe S. 2008 growth rate and to improve Medicare that was not under Federal jurisdic- At the request of Ms. LANDRIEU, the and Medicaid payments, and for other purposes. tion, or recognized, at the time the In- name of the Senator from Wyoming dian Reorganization Act was enacted S. 2161 (Mr. ENZI) was added as a cosponsor of in 1934. S. 2008, a bill to strengthen resources At the request of Mr. INHOFE, the It has now been 5 years since that de- for entrepreneurs by improving the name of the Senator from North Da- cision. This decision has had a signifi- OEVEN) was added as a co- SCORE program, and for other pur- kota (Mr. H cant impact on tribes in every part of sponsor of S. 2161, a bill to prohibit the poses. this country, whether it is the Poarch Administrator of the Environmental S. 2094 Band of Creek Indians, which is facing Protection Agency from issuing any At the request of Mr. BEGICH, the spurious litigation over its status as a final rule under the Clean Air Act until names of the Senator from Alabama tribe; the Samish Tribe of Washington, the date on which the Administrator (Mr. SESSIONS), the Senator from which has been waiting 4 years for a improves certain employment effect Maine (Mr. KING), the Senator from Carcieri determination; or the Little analyses under that Act. Alabama (Mr. SHELBY), the Senator Shell Tribe of my home State of Mon- from Georgia (Mr. CHAMBLISS) and the S. 2182 tana, who could be affected by this rul- Senator from South Carolina (Mr. GRA- At the request of Mr. WALSH, the ing if they are granted Federal recogni- HAM) were added as cosponsors of S. name of the Senator from Alaska (Mr. tion, as they should be. 2094, a bill to provide for the establish- BEGICH) was added as a cosponsor of S. Moreover, the Carcieri decision has ment of nationally uniform and envi- 2182, a bill to expand and improve care spawned more harmful litigation, in- ronmentally sound standards gov- provided to veterans and members of cluding Salazar v. Patchak, where the erning discharges incidental to the nor- the Armed Forces with mental health Supreme Court ruled that individuals mal operation of a vessel. disorders or at risk of suicide, to re- have 6 years to challenge a tribe’s trust S. 2103 view the terms or characterization of land acquisition, and Big Lagoon the discharge or separation of certain At the request of Mr. BOOZMAN, the Rancheria v. California, where the name of the Senator from Alaska (Ms. individuals from the Armed Forces, to Ninth Circuit essentially ruled that require a pilot program on loan repay- MURKOWSKI) was added as a cosponsor there is no time limit on challenging a of S. 2103, a bill to direct the Adminis- ment for psychiatrists who agree to tribe’s status or its trust land acquisi- trator of the Federal Aviation Admin- serve in the Veterans Health Adminis- tions. istration to issue or revise regulations tration of the Department of Veterans The legislation I am introducing with respect to the medical certifi- Affairs, and for other purposes. today is a necessary step in the process cation of certain small aircraft pilots, S. RES. 384 to reaffirm the Secretary’s authority and for other purposes. At the request of Mr. KAINE, the to take land into trust for tribes, re- names of the Senator from Arkansas S. 2121 gardless of when they were recognized (Mr. BOOZMAN) and the Senator from by the Federal Government. The At the request of Mr. WALSH, the Minnesota (Mr. FRANKEN) were added name of the Senator from Alaska (Ms. amendment ratifies the prior trust ac- as cosponsors of S. Res. 384, a resolu- quisitions of the Secretary, who, for MURKOWSKI) was added as a cosponsor tion expressing the sense of the Senate of S. 2121, a bill to repeal title II of the the past 75 years, has been exercising concerning the humanitarian crisis in REAL ID Act of 2005. the authority to take lands into trust, Syria and neighboring countries, re- as intended by the Indian Reorganiza- S. 2122 sulting humanitarian and development tion Act. At the request of Mr. HATCH, the challenges, and the urgent need for a Perhaps the most serious impact for name of the Senator from Alabama political solution to the crisis. tribes if Congress lets this decision ESSIONS (Mr. S ) was added as a cospon- S. RES. 403 stand is the creation of two classes of sor of S. 2122, a bill to amend titles At the request of Mr. MURPHY, the tribes—those who were recognized as of XVIII and XIX of the Social Security name of the Senator from Oregon (Mr. 1934, whose rights and status are se- Act to repeal the Medicare sustainable WYDEN) was added as a cosponsor of S. cure, and those who were recognized growth rate and to improve Medicare Res. 403, a resolution condemning the after 1934, whose rights and status can and Medicaid payments, and for other actions of the Government of Turkey be perpetually challenged. Allowing purposes. in restricting free expression and Inter- two classes of tribes is unacceptable At the request of Mr. JOHANNS, his net freedom on social media. and is contrary to prior Acts of this name was added as a cosponsor of S. f Congress. In 1994, Congress passed the 2122, supra. Federally Recognized Indian Tribe List S. 2125 STATEMENTS ON INTRODUCED Act to ensure that all tribes are treat- At the request of Mr. JOHNSON of BILLS AND JOINT RESOLUTIONS ed equally, regardless of their date of South Dakota, the name of the Senator By Mr. TESTER (for himself, Mr. recognition. from Vermont (Mr. SANDERS) was MORAN, Mr. UDALL of New Mex- Finally, I know that there are a num- added as a cosponsor of S. 2125, a bill to ico, Mr. BEGICH, Ms. HEITKAMP, ber of my colleagues who have an in- amend the Communications Act of 1934 Mrs. MURRAY, Mr. HEINRICH, terest in this legislation and would like to ensure the integrity of voice com- and Mr. WALSH): to see changes to this bill. I want to let munications and to prevent unjust or S. 2188. A bill to amend the Act of you know that I stand ready to work unreasonable discrimination among June 18, 1934, to reaffirm the authority with each of you to craft a bill that the

VerDate Mar 15 2010 03:18 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.021 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1873 Senate can enact and that will end this SUBMITTED RESOLUTIONS SENATE RESOLUTION 406—DESIG- problem of two classes of tribes for- NATING APRIL 4, 2014, AS ‘‘NA- ever. TIONAL ASSOCIATION OF JUNIOR AUXILIARIES DAY’’ I want to thank Senators MORAN, SENATE RESOLUTION 405—EX- UDALL of New Mexico, BEGICH, Mr. WICKER (for himself and Mr. PRESSING SUPPORT FOR THE PRYOR) submitted the following resolu- HEITKAMP, MURRAY, HEINRICH, and my DESIGNATION OF THE WEEK OF tion; which was considered and agreed fellow Montana Senator WALSH, for MARCH 31 THROUGH APRIL 4, to: their support on this legislation. My 2014, AS ‘‘NATIONAL ASSISTANT S. RES. 406 cosponsors are well aware of the im- PRINCIPALS WEEK’’ Whereas the National Association of Jun- pact this decision has had on our tribal Mrs. MURRAY (for herself, Mr. ior Auxiliaries and the members of the Na- communities. Affected tribes deserve tional Association of Junior Auxiliaries pro- our timely consideration of this bill. I BLUNT, Mr. MENENDEZ, Mr. JOHNSON of vide valuable service and leadership opportu- urge my colleagues to join me in sup- South Dakota, and Mr. SCHATZ) sub- nities for women who wish to take an active porting its passage. mitted the following resolution; which role in their communities; was considered and agreed to.: Whereas the mission of the National Asso- Mr. President, I ask unanimous con- ciation of Junior Auxiliaries is to encourage sent that the text of the bill be printed S. RES. 405 member chapters to render charitable services that— in the RECORD. Whereas the National Association of Sec- ondary School Principals (NASSP) and the (1) are beneficial to the general public; and There being no objection, the text of National Association of Elementary School (2) place a particular emphasis on pro- the bill was ordered to be printed in Principals have designated the week of viding for the needs of children; and Whereas since the founding of the National the RECORD, as follows: March 31 through April 4, 2014, as ‘‘National Association of Junior Auxiliaries in 1941, the Assistant Principals Week’’; S. 2188 organization has provided strength and in- Whereas an assistant principal, as a mem- spiration to women who want to effect posi- ber of the school administration, interacts Be it enacted by the Senate and House of Rep- tive change in their communities: Now, resentatives of the United States of America in with many sectors of the school community, therefore, be it Congress assembled, including support staff, instructional staff, Resolved, That the Senate— students, and parents; (1) designates April 4, 2014, as ‘‘National SECTION 1. REAFFIRMATION OF AUTHORITY. Whereas assistant principals are respon- Association of Junior Auxiliaries Day’’; (a) MODIFICATION.— sible for establishing a positive learning en- (2) recognizes the great contributions made (1) IN GENERAL.—The first sentence of sec- vironment and building strong relationships by members of the National Association of tion 19 of the Act of June 18, 1934 (commonly between school and community; Junior Auxiliaries to their communities and known as the ‘‘Indian Reorganization Act’’) Whereas assistant principals play a pivotal to the people of the United States; and (25 U.S.C. 479), is amended— role in the instructional leadership of their (3) especially commends the work of the (A) by striking ‘‘The term’’ and inserting schools by supervising student instruction, members of the National Association of Jun- ‘‘Effective beginning on June 18, 1934, the mentoring teachers, recognizing the achieve- ior Auxiliaries to better the lives of children ments of staff, encouraging collaboration term’’; and in the United States. among staff, ensuring the implementation of (B) by striking ‘‘any recognized Indian best practices, monitoring student achieve- f tribe now under Federal jurisdiction’’ and in- ment and progress, facilitating and modeling serting ‘‘any federally recognized Indian SENATE RESOLUTION 407—HON- data-driven decision-making to inform in- tribe’’. ORING FORMER SENATOR AND struction, and guiding the direction of tar- (2) EFFECTIVE DATE.—The amendments REAR ADMIRAL JEREMIAH AN- geted intervention and school improvement; made by paragraph (1) shall take effect as if Whereas the day-to-day logistical oper- DREW DENTON, JR included in the Act of June 18, 1934 (com- ations of schools require assistant principals Mr. SESSIONS (for himself, Mr. monly known as the ‘‘Indian Reorganization to monitor and address facility needs, at- SHELBY, Mr. REID of Nevada, Mr. Act’’) (25 U.S.C. 479), on the date of enact- tendance, transportation issues, and sched- ment of that Act. MCCONNELL, Mr. ALEXANDER, Ms. uling challenges, as well as supervise extra- AYOTTE, Ms. BALDWIN, Mr. BARRASSO, and co-curricular events; (b) RATIFICATION AND CONFIRMATION OF AC- Mr. BEGICH, Mr. BENNET, Mr. TIONS.—Any action taken by the Secretary of Whereas assistant principals are entrusted BLUMENTHAL, Mr. BLUNT, Mr. BOOKER, the Interior pursuant to the Act of June 18, with maintaining an inviting, safe, and or- Mr. BOOZMAN, Mrs. BOXER, Mr. BROWN, 1934 (commonly known as the ‘‘Indian Reor- derly school environment that supports the Mr. BURR, Ms. CANTWELL, Mr. CARDIN, ganization Act’’) (25 U.S.C. 461 et seq.), for growth and achievement of each and every Mr. CARPER, Mr. CASEY, Mr. CHAM- any Indian tribe that was federally recog- student by nurturing positive peer relationships, recognizing student achievement, me- BLISS, Mr. COATS, Mr. COBURN, Mr. nized on the date of that action is ratified diating conflicts, analyzing behavior pat- COCHRAN, Ms. COLLINS, Mr. COONS, Mr. and confirmed, to the extent such action is terns, providing interventions, and, when CORKER, Mr. CORNYN, Mr. CRAPO, Mr. subjected to challenge based on whether the necessary, taking disciplinary actions; CRUZ, Mr. DONNELLY, Mr. DURBIN, Mr. Indian tribe was federally recognized or Whereas since its establishment in 2004, ENZI, Mrs. FEINSTEIN, Mrs. FISCHER, under Federal jurisdiction on June 18, 1934, the NASSP/Virco National Assistant Prin- Mr. FLAKE, Mr. FRANKEN, Mrs. GILLI- as if the action had, by prior Act of Con- cipal of the Year Program recognizes out- BRAND, Mr. GRAHAM, Mr. GRASSLEY, gress, been specifically authorized and di- standing middle and high school assistant rected. principals who demonstrate success in lead- Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, ership, curriculum, and personalization; and Mr. HEINRICH, Ms. HEITKAMP, Mr. HEL (c) EFFECT ON OTHER LAWS.— Whereas the week of March 31 through LER, Ms. HIRONO, Mr. HOEVEN, Mr. (1) IN GENERAL.—Nothing in this section or INHOFE, Mr. ISAKSON, Mr. JOHANNS, Mr. the amendments made by this section shall April 4, 2014, is an appropriate week to designate as National Assistant Principals OHNSON OHNSON affect— J of Wisconsin, Mr. J of Week: Now, therefore, be it (A) the application or effect of any Federal South Dakota, Mr. KAINE, Mr. KING, law other than the Act of June 18, 1934 (25 Resolved, That the Senate— Mr. KIRK, Ms. KLOBUCHAR, Ms. LAN- U.S.C. 461 et seq.), as amended by subsection (1) supports the designation of March 31 DRIEU, Mr. LEAHY, Mr. LEE, Mr. LEVIN, (a); or through April 4, 2014, as ‘‘National Assistant Mr. MANCHIN, Mr. MARKEY, Mr. (B) any limitation on the authority of the Principals Week’’; MCCAIN, Mrs. MCCASKILL, Mr. MENEN- Secretary of the Interior under any Federal (2) honors the contributions of assistant DEZ, Mr. MERKLEY, Ms. MIKULSKI, Mr. law or regulation other than the Act of June principals to the success of students in the MORAN, Ms. MURKOWSKI, Mr. MURPHY, United States; and 18, 1934 (25 U.S.C. 461 et seq.), as so amended. Mrs. MURRAY, Mr. NELSON, Mr. PAUL, (3) encourages the people of the United (2) REFERENCES IN OTHER LAWS.—An express Mr. PORTMAN, Mr. PRYOR, Mr. REED, reference to the Act of June 18, 1934 (25 States to observe National Assistant Prin- cipals Week with appropriate ceremonies and Mr. RISCH, Mr. ROBERTS, Mr. ROCKE- U.S.C. 461 et seq.), contained in any other FELLER, Mr. RUBIO, Mr. SANDERS, Mr. Federal law shall be considered to be a ref- activities that promote awareness of the role SCHATZ, Mr. SCHUMER, Mr. SCOTT, Mrs. erence to that Act as amended by subsection played by assistant principals in school lead- SHAHEEN, Ms. STABENOW, Mr. TESTER, (a). ership and ensuring that every child has access to a high-quality education. Mr. THUNE, Mr. TOOMEY, Mr. UDALL of

VerDate Mar 15 2010 05:13 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.024 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1874 CONGRESSIONAL RECORD — SENATE March 31, 2014 Colorado, Mr. UDALL of New Mexico, Whereas in 2007, the National Archives des- SA 2881. Mr. REID proposed an amendment Mr. VITTER, Mr. WALSH, Mr. WARNER, ignated Senator Denton as 1 of the 25 most to amendment SA 2880 proposed by Mr. REID Ms. WARREN, Mr. WHITEHOUSE, Mr. influential men in United States history; and to the amendment SA 2879 proposed by Mr. Whereas the life of service of Senator Den- REID to the bill H.R. 3979, supra. WICKER, and Mr. WYDEN) submitted the ton should serve as an example to all people SA 2882. Mr. TOOMEY submitted an following resolution; which was consid- of the United States: Now, therefore, be it amendment intended to be proposed by him ered and agreed to: Resolved, That— to the bill H.R. 3979, supra; which was or- S. RES. 407 (1) the Senate— dered to lie on the table. (A) has heard with profound sorrow and Whereas Jeremiah Andrew Denton, Jr. (re- SA 2883. Mr. VITTER submitted an amend- deep regret the announcement of the death ferred to in this preamble as ‘‘Senator Den- ment intended to be proposed by him to the of the Honorable Jeremiah Andrew Denton, ton’’) was born in Mobile, Alabama, on July resolution S. Res. 404, honoring the accom- Jr., former member of the Senate; 15, 1924, and graduated from the United plishments and legacy of Cesar Estrada Cha- (B) honors the legacy and service of the States Naval Academy in 1946; vez; which was ordered to lie on the table. former Senator and retired Rear Admiral, Whereas Senator Denton married Kathryn SA 2884. Mr. VITTER submitted an amend- Jeremiah Andrew Denton Jr. (referred to in Jane Maury in 1946 and had 7 children with ment intended to be proposed by him to the this resolution as ‘‘Senator Denton’’), for his her before she passed away in 2007; bill H.R. 3979, to amend the Internal Revenue life of loyalty, duty, integrity, and moral Whereas Senator Denton is survived by his Code of 1986 to ensure that emergency serv- sincerity; second wife, Mary Belle Bordone, and his ices volunteers are not taken into account as (C) extends its deepest condolences and children, Jeremiah A. Denton III, William C. employees under the shared responsibility sympathy to the family and friends of Sen- Denton, Donald A. Denton, James S. Denton, requirements contained in the Patient Pro- ator Denton who have lost an inspiring lead- Michael C. Denton, Madeleine D. Doak, and tection and Affordable Care Act; which was er and confidant; Mary D. Lewis; ordered to lie on the table. (D) honors the dauntless valor of Senator Whereas Senator Denton had a distin- f Denton, beloved son of Alabama, for his dedi- guished military career as a Naval Aviator— cation and life of selfless service to the peo- TEXT OF AMENDMENTS (1) receiving credit in 1957 as the architect ple of the United States; SA 2874. Mr. REID (for Mr. REED (for of the ‘‘Haystack Concept’’, which revolu- (E) recognizes that Senator Denton was a himself, Mr. HELLER, Mr. MERKLEY, Ms. tionized the way in which the Navy deployed champion for humanitarian aid and inter- ships to ensure that a single Russian nuclear national assistance programs through his COLLINS, Mr. BOOKER, Mr. PORTMAN, attack could not destroy an entire fleet; legislative work and initiatives; Mr. BROWN, Ms. MURKOWSKI, Mr. DUR- (2) serving in World War II, the Korean (F) reiterates the resolute character of BIN, and Mr. KIRK)) proposed an amend- War, and the Vietnam War; Senator Denton as a paragon of bravery who ment to the bill H.R. 3979, to amend (3) providing significant support during the lived a life of honor guided by his values and the Internal Revenue Code of 1986 to Cuban Missile Crisis as the Commander of commitment to the defense of the United ensure that emergency services volun- the Guantanamo Defense Force; States; teers are not taken into account as em- (4) receiving awards that include the Navy (G) expresses admiration and profound re- ployees under the shared responsibility Cross, the Defense Distinguished Service spect for the legacy of Senator Denton as a Medal, the Navy Distinguished Service truly courageous and inspirational leader; requirements contained in the Patient Medal, 3 Silver Stars, the Distinguished Fly- and Protection and Affordable Care Act; as ing Cross, 5 Bronze Stars, 2 Air Medals, 2 (H) directs the Secretary of the Senate to follows: Purple Hearts, and numerous combat theater communicate this resolution to the House of Strike all after the first word and insert and campaign awards; Representatives and transmit an enrolled the following: (5) retiring in 1977 at the rank of Rear Ad- copy thereof to the family of the deceased; 1. SHORT TITLE; TABLE OF CONTENTS. miral after serving as Commandant of the and (a) SHORT TITLE.—This Act may be cited as Armed Forces Staff College; and (2) when the Senate adjourns today, it will the ‘‘Emergency Unemployment Compensa- (6) being inducted into the Alabama Mili- stand adjourned as a further mark of respect tion Extension Act of 2014’’. tary Hall of Honor in 2003; for the memory of the Honorable Jeremiah (b) TABLE OF CONTENTS.—The table of con- Whereas Senator Denton was shot down on Andrew Denton, Jr. tents of this Act is as follows: July 18, 1965, while leading a squadron of 28 f Sec. 1. Short title; table of contents. A-6 Intruders on his twelfth mission over AMENDMENTS SUBMITTED AND Sec. 2. Extension of emergency unemploy- North Vietnam and spent the next 7 years ment compensation program. and 7 months as a prisoner of war in North PROPOSED Sec. 3. Temporary extension of extended Vietnamese prison camps, including the SA 2874. Mr. REID (for Mr. REED (for him- benefit provisions. ‘‘Hanoi Hilton’’, where he suffered torture, self, Mr. HELLER, Mr. MERKLEY, Ms. COLLINS, Sec. 4. Extension of funding for reemploy- beatings, and starvation, and spent 4 years in Mr. BOOKER, Mr. PORTMAN, Mr. BROWN, Ms. ment services and reemploy- solitary confinement until his release in MURKOWSKI, Mr. DURBIN, and Mr. KIRK)) pro- ment and eligibility assessment 1973; posed an amendment to the bill H.R. 3979, to activities. Whereas despite extreme hardship, Senator amend the Internal Revenue Code of 1986 to Sec. 5. Additional extended unemployment Denton was revered by his fellow prisoners ensure that emergency services volunteers benefits under the Railroad Un- and maintained a chain of command that are not taken into account as employees employment Insurance Act. lasted throughout his imprisonment and under the shared responsibility requirements Sec. 6. Flexibility for unemployment pro- helped prisoners of war stick together in re- contained in the Patient Protection and Af- gram agreements. sistance against abuse from their captors; fordable Care Act. Sec. 7. Ending unemployment payments to Whereas in a televised propaganda inter- SA 2875. Mr. REID proposed an amendment jobless millionaires and billion- view released by the North Vietnamese in to amendment SA 2874 proposed by Mr. REID aires. 1966, Senator Denton became a national hero (for Mr. REED (for himself, Mr. HELLER, Mr. Sec. 8. GAO study on the use of work suit- when he answered the questions of his inter- MERKLEY, Ms. COLLINS, Mr. BOOKER, Mr. ability requirements in unem- viewer and simultaneously blinked the let- PORTMAN, Mr. BROWN, Ms. MURKOWSKI, Mr. ployment insurance programs. ters ‘‘T-O-R-T-U-R-E’’ in Morse code, con- DURBIN, and Mr. KIRK)) to the bill H.R. 3979, Sec. 9. Funding stabilization. firming to the world the harsh and inhumane supra. Sec. 10. Prepayment of certain PBGC pre- SA 2876. Mr. REID proposed an amendment treatment of United States prisoners of war miums. to amendment SA 2875 proposed by Mr. REID by the North Vietnamese; Sec. 11. Extension of customs user fees. to the amendment SA 2874 proposed by Mr. Whereas after returning to the United Sec. 12. Emergency services, government, REID (for Mr. REED (for himself, Mr. HELLER, States, Senator Denton had a successful leg- and certain nonprofit volun- Mr. MERKLEY, Ms. COLLINS, Mr. BOOKER, Mr. islative career, becoming in 1980 the first Re- teers. PORTMAN, Mr. BROWN, Ms. MURKOWSKI, Mr. publican elected to the Senate from Alabama SEC. 2. EXTENSION OF EMERGENCY UNEMPLOY- DURBIN, and Mr. KIRK)) to the bill H.R. 3979, since the Reconstruction Era, maintaining a MENT COMPENSATION PROGRAM. supra. strong conservative record, and working SA 2877. Mr. REID proposed an amendment (a) EXTENSION.—Section 4007(a)(2) of the tirelessly with President Ronald Reagan to to the bill H.R. 3979, supra. Supplemental Appropriations Act, 2008 (Pub- combat the rise of Communism in Latin SA 2878. Mr. REID proposed an amendment lic Law 110–252; 26 U.S.C. 3304 note) is amend- America; to amendment SA 2877 proposed by Mr. REID ed by striking ‘‘January 1, 2014’’ and insert- Whereas Senator Denton was particularly to the bill H.R. 3979, supra. ing ‘‘June 1, 2014’’. proud of the ‘‘Denton Program’’, authorizing SA 2879. Mr. REID proposed an amendment (b) FUNDING.—Section 4004(e)(1) of the Sup- the United States military to carry humani- to the bill H.R. 3979, supra. plemental Appropriations Act, 2008 (Public tarian aid on a space-available basis to coun- SA 2880. Mr. REID proposed an amendment Law 110–252; 26 U.S.C. 3304 note) is amended— tries in need at no cost to the donor and pro- to amendment SA 2879 proposed by Mr. REID (1) in subparagraph (I), by striking ‘‘and’’ viding humanitarian aid for almost 30 years; to the bill H.R. 3979, supra. at the end;

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(2) in subparagraph (J), by inserting ‘‘and’’ (c) PURPOSES OF SERVICES AND ACTIVI- terminated from entering into a subsequent at the end; and TIES.—The purposes of the reemployment agreement under such title on or after the (3) by inserting after subparagraph (J) the services and reemployment and eligibility date of the enactment of this Act if the following: assessment activities under section 4001(i) of State, taking into account the application of ‘‘(K) the amendment made by section 2(a) the Supplemental Appropriations Act, 2008 subsection (a), would otherwise meet the re- of the Emergency Unemployment Compensa- (Public Law 110–252; 26 U.S.C. 3304 note) are— quirements for an agreement under such tion Extension Act of 2014;’’. (1) to better link the unemployed with the title. (c) EFFECTIVE DATE.—The amendments overall workforce system by bringing indi- made by this section shall take effect as if SEC. 7. ENDING UNEMPLOYMENT PAYMENTS TO viduals receiving unemployment insurance JOBLESS MILLIONAIRES AND BIL- included in the enactment of the American benefits in for personalized assessments and LIONAIRES. Taxpayer Relief Act of 2012 (Public Law 112– referrals to reemployment services; and 240). (a) PROHIBITION.—Notwithstanding any (2) to provide individuals receiving unem- other provision of law, no Federal funds may SEC. 3. TEMPORARY EXTENSION OF EXTENDED ployment insurance benefits with early ac- BENEFIT PROVISIONS. be used for payments of unemployment com- cess to specific strategies that can help get pensation under the emergency unemploy- (a) IN GENERAL.—Section 2005 of the Assist- them back into the workforce faster, includ- ance for Unemployed Workers and Strug- ment compensation program under title IV ing through— of the Supplemental Appropriations Act, 2008 gling Families Act, as contained in Public (A) the development of a reemployment Law 111–5 (26 U.S.C. 3304 note), is amended— (Public Law 110–252; 26 U.S.C. 3304 note) to an plan; (1) by striking ‘‘December 31, 2013’’ each individual whose adjusted gross income in (B) the provision of access to relevant place it appears and inserting ‘‘May 31, 2014’’; the preceding year was equal to or greater labor market information; and than $1,000,000. (C) the provision of access to information (2) in subsection (c), by striking ‘‘June 30, about industry-recognized credentials that (b) COMPLIANCE.—Unemployment Insurance 2014’’ and inserting ‘‘November 30, 2014’’. are regionally relevant or nationally port- applications shall include a form or proce- (b) EXTENSION OF MATCHING FOR STATES able; dure for an individual applicant to certify WITH NO WAITING WEEK.—Section 5 of the the individual’s adjusted gross income was Unemployment Compensation Extension Act (D) the provision of referrals to reemployment services and training; and not equal to or greater than $1,000,000 in the of 2008 (Public Law 110–449; 26 U.S.C. 3304 preceding year. note) is amended by striking ‘‘June 30, 2014’’ (E) an assessment of the individual’s on- and inserting ‘‘November 30, 2014’’. going eligibility for unemployment insur- (c) AUDITS.—The certifications required by (c) EXTENSION OF MODIFICATION OF INDICA- ance benefits. subsection (b) shall be auditable by the U.S. TORS UNDER THE EXTENDED BENEFIT PRO- SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT Department of Labor or the U.S. Govern- GRAM.—Section 203 of the Federal-State Ex- BENEFITS UNDER THE RAILROAD ment Accountability Office. tended Unemployment Compensation Act of UNEMPLOYMENT INSURANCE ACT. (d) STATUS OF APPLICANTS.—It is the duty 1970 (26 U.S.C. 3304 note) is amended— (a) EXTENSION.—Section 2(c)(2)(D)(iii) of of the States to verify the residency, em- (1) in subsection (d), by striking ‘‘Decem- the Railroad Unemployment Insurance Act ployment, legal, and income status of appli- ber 31, 2013’’ and inserting ‘‘May 31, 2014’’; (45 U.S.C. 352(c)(2)(D)(iii)) is amended— cants for Unemployment Insurance and no and (1) by striking ‘‘June 30, 2013’’ and insert- Federal funds may be expended for purposes (2) in subsection (f)(2), by striking ‘‘Decem- ing ‘‘November 30, 2013’’; and of determining whether or not the prohibi- ber 31, 2013’’ and inserting ‘‘May 31, 2014’’. (2) by striking ‘‘December 31, 2013’’ and in- tion under subsection (a) applies with re- (d) EFFECTIVE DATE.—The amendments serting ‘‘May 31, 2014’’. spect to an individual. made by this section shall take effect as if (b) CLARIFICATION ON AUTHORITY TO USE (e) EFFECTIVE DATE.—The prohibition FUNDS.—Funds appropriated under either the included in the enactment of the American under subsection (a) shall apply to weeks of Taxpayer Relief Act of 2012 (Public Law 112– first or second sentence of clause (iv) of sec- unemployment beginning on or after the 240). tion 2(c)(2)(D) of the Railroad Unemploy- date of the enactment of this Act. SEC. 4. EXTENSION OF FUNDING FOR REEMPLOY- ment Insurance Act shall be available to MENT SERVICES AND REEMPLOY- cover the cost of additional extended unem- SEC. 8. GAO STUDY ON THE USE OF WORK SUIT- MENT AND ELIGIBILITY ASSESS- ployment benefits provided under such sec- ABILITY REQUIREMENTS IN UNEM- MENT ACTIVITIES. tion 2(c)(2)(D) by reason of the amendments PLOYMENT INSURANCE PROGRAMS. (a) EXTENSION.— made by subsection (a) as well as to cover (a) STUDY.—The Comptroller General of (1) IN GENERAL.—Section 4004(c)(2)(A) of the the cost of such benefits provided under such the United States shall conduct a study on Supplemental Appropriations Act, 2008 (Pub- section 2(c)(2)(D), as in effect on the day be- the use of work suitability requirements to lic Law 110–252; 26 U.S.C. 3304 note) is amend- fore the date of enactment of this Act. strengthen requirements to ensure that un- ed by striking ‘‘through fiscal year 2014’’ and (c) FUNDING FOR ADMINISTRATION.—Out of employment insurance benefits are being inserting ‘‘through the first five months of any funds in the Treasury not otherwise ap- provided to individuals who are actively fiscal year 2015’’. propriated, there are appropriated to the looking for work and who truly want to re- (2) EFFECTIVE DATE.—The amendment Railroad Retirement Board $105,000 for ad- turn to the labor force. Such study shall in- made by this subsection shall take effect as ministrative expenses associated with the clude an analysis of— if included in the enactment of the American payment of additional extended unemploy- (1) how work suitability requirements Taxpayer Relief Act of 2012 (Public Law 112– ment benefits provided under section work under both State and Federal unem- 240). 2(c)(2)(D) of the Railroad Unemployment In- ployment insurance programs; and (b) TIMING FOR SERVICES AND ACTIVITIES.— surance Act by reason of the amendments (2) how to incorporate and improve such (1) IN GENERAL.—Section 4001(i)(1)(A) of the made by subsection (a), to remain available requirements under Federal unemployment Supplemental Appropriations Act, 2008 (Pub- until expended. insurance programs; and lic Law 110–252; 26 U.S.C. 3304 note) is amend- SEC. 6. FLEXIBILITY FOR UNEMPLOYMENT PRO- (3) other items determined appropriate by ed by adding at the end the following new GRAM AGREEMENTS. the Comptroller General. sentence: (a) FLEXIBILITY.— (b) BRIEFING.—Not later than 90 days after ‘‘At a minimum, such reemployment serv- (1) IN GENERAL.—Subsection (g) of section the date of the enactment of this Act, the ices and reemployment and eligibility as- 4001 of the Supplemental Appropriations Act, Comptroller General of the United States sessment activities shall be provided to an 2008 (Public Law 110–252; 26 U.S.C. 3304 note) shall brief Congress on the ongoing study re- individual within a time period (determined shall not apply with respect to a State that quired under subsection (a). Such briefing appropriate by the Secretary) after the date has enacted a law before December 1, 2013, shall include preliminary recommendations the individual begins to receive amounts that, upon taking effect, would violate such for such legislation and administrative ac- under section 4002(b) (first tier benefits) and, subsection. tion as the Comptroller General determines if applicable, again within a time period (de- (2) EFFECTIVE DATE.—Paragraph (1) is effec- appropriate. termined appropriate by the Secretary) after tive with respect to weeks of unemployment the date the individual begins to receive beginning on or after December 29, 2013. SEC. 9. FUNDING STABILIZATION. amounts under section 4002(d) (third tier (b) PERMITTING A SUBSEQUENT AGREE- (a) FUNDING STABILIZATION UNDER THE IN- benefits).’’. MENT.—Nothing in title IV of the Supple- TERNAL REVENUE CODE.—The table in sub- (2) EFFECTIVE DATE.—The amendment mental Appropriations Act, 2008 (Public Law clause (II) of section 430(h)(2)(C)(iv) of the In- made by this subsection shall apply on and 110–252; 26 U.S.C. 3304 note) shall preclude a ternal Revenue Code of 1986 is amended to after the date of the enactment of this Act. State whose agreement under such title was read as follows:

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

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

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

After 2020 ...... 70% ...... 130%’’.

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

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

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

(2) CONFORMING AMENDMENT.— regulation, the effective date specified by ‘‘(A) IN GENERAL.—The amount of the pre- (A) IN GENERAL.—Clause (ii) of section the plan), and payment for any subsequent plan year under 101(f)(2)(D) of such Act is amended by strik- (II) ending on the date described in clause paragraph (1) shall be equal to the amount of ing ‘‘2015’’ and inserting ‘‘2020’’. (i)(II) (or, if earlier, the date the plan or con- the premium determined under clause (i) or (B) STATEMENTS.—The Secretary of Labor tract amendment is adopted), (v), whichever is applicable, of section shall modify the statements required under the plan or contract is operated as if such 4006(a)(3)(A) for the plan year in which the subclauses (I) and (II) of section 101(f)(2)(D)(i) plan or contract amendment were in effect, prepayment is made. of such Act to conform to the amendments and such plan or contract amendment ap- ‘‘(B) ADDITIONAL PARTICIPANTS.—If there is made by this section. plies retroactively for such period. an increase in the number of participants in the plan during any plan year with respect (c) STABILIZATION NOT TO APPLY FOR PUR- (C) ANTI-CUTBACK RELIEF.—A plan shall not to which a prepayment has been made, the POSES OF CERTAIN ACCELERATED BENEFIT DIS- be treated as failing to meet the requirements of section 204(g) of the Employee Re- designated payor shall pay a premium for TRIBUTION RULES.— tirement Income Security Act of 1974 and such additional participants at the premium (1) INTERNAL REVENUE CODE OF 1986.—The section 411(d)(6) of the Internal Revenue rate in effect under clause (i) or (v), which- second sentence of paragraph (2) of section Code of 1986 solely by reason of a plan ever is applicable, of section 4006(a)(3)(A) for 436(d) of the Internal Revenue Code of 1986 is amendment to which this paragraph applies. such plan year. No credit or other refund amended by striking ‘‘of such plan’’ and in- (d) MODIFICATION OF FUNDING TARGET DE- shall be granted in the case of a plan that serting ‘‘of such plan (determined by not TERMINATION PERIODS.— has a decrease in number of participants dur- taking into account any adjustment of seg- (1) INTERNAL REVENUE CODE OF 1986.—Clause ing a plan year with respect to which a pre- ment rates under section 430(h)(2)(C)(iv))’’. (i) of section 430(h)(2)(B) of the Internal Rev- payment has been made. (2) EMPLOYEE RETIREMENT INCOME SECURITY enue Code of 1986 is amended by striking ‘‘(C) COORDINATION WITH PREMIUM FOR UN- ACT OF 1974.—The second sentence of subpara- ‘‘the first day of the plan year’’ and inserting FUNDED VESTED BENEFITS.—The amount of graph (B) of section 206(g)(3) of the Employee ‘‘the valuation date for the plan year’’. the premium determined under section Retirement Income Security Act of 1974 (29 (2) EMPLOYEE RETIREMENT INCOME SECURITY 4006(a)(3)(A)(i) for the purpose of determining U.S.C. 1056(g)(3)(B)) is amended by striking ACT OF 1974.—Clause (i) of section 303(h)(2)(B) the prepayment amount for any plan year ‘‘of such plan’’ and inserting ‘‘of such plan of the Employee Retirement Income Secu- shall be determined without regard to the in- (determined by not taking into account any rity Act of 1974 (29 U.S.C. 1083(h)(2)(B)(i)) is crease in such premium under section adjustment of segment rates under section amended by striking ‘‘the first day of the 4006(a)(3)(E). Such increase shall be paid in 303(h)(2)(C)(iv))’’. plan year’’ and inserting ‘‘the valuation date the same amount and at the same time as it (3) EFFECTIVE DATE.— for the plan year’’. would otherwise be paid without regard to (A) IN GENERAL.—Except as provided in this subsection. (e) EFFECTIVE DATE.— subparagraph (B), the amendments made by ‘‘(3) ELECTION.—The election under this (1) IN GENERAL.—The amendments made by this subsection shall apply to plan years be- subsections (a), (b), and (d) shall apply with subsection shall be made at such time and in ginning after December 31, 2014. respect to plan years beginning after Decem- such manner as the corporation may pre- (B) COLLECTIVELY BARGAINED PLANS.—In ber 31, 2012. scribe.’’. the case of a plan maintained pursuant to 1 (b) CONFORMING AMENDMENT.—The second (2) ELECTIONS.—A plan sponsor may elect or more collective bargaining agreements, not to have the amendments made by sub- sentence of subsection (a) of section 4007 of the amendments made by this subsection sections (a), (b), and (d) apply to any plan the Employee Retirement Income Security shall apply to plan years beginning after De- year beginning before January 1, 2014, either Act of 1974 (29 U.S.C. 1307) is amended by cember 31, 2015. (as specified in the election)— striking ‘‘Premiums’’ and inserting ‘‘Except (4) PROVISIONS RELATING TO PLAN AMEND- (A) for all purposes for which such amend- as provided in subsection (f), premiums’’. MENTS.— (c) EFFECTIVE DATE.—The amendments ments apply, or (A) IN GENERAL.—If this paragraph applies made by this section shall apply to plan (B) solely for purposes of determining the to any amendment to any plan or annuity years beginning after the date of the enact- adjusted funding target attainment percent- contract, such plan or contract shall be ment of this Act. age under sections 436 of the Internal Rev- treated as being operated in accordance with enue Code of 1986 and 206(g) of the Employee SEC. 11. EXTENSION OF CUSTOMS USER FEES. the terms of the plan during the period de- Retirement Income Security Act of 1974 for Section 13031(j)(3) of the Consolidated Om- scribed in subparagraph (B)(ii). such plan year. nibus Budget Reconciliation Act of 1985 (19 (B) AMENDMENTS TO WHICH PARAGRAPH AP- U.S.C. 58c(j)(3)) is amended— PLIES.— A plan shall not be treated as failing to meet (1) in subparagraph (A), by striking ‘‘Sep- (i) IN GENERAL.—This paragraph shall apply the requirements of section 204(g) of such tember 30, 2023’’ and inserting ‘‘September to any amendment to any plan or annuity Act and section 411(d)(6) of such Code solely 30, 2024’’; and contract which is made— by reason of an election under this para- (2) in subparagraph (B)(i), by striking (I) pursuant to the amendments made by graph. ‘‘September 30, 2023’’ and inserting ‘‘Sep- this subsection, or pursuant to any regula- SEC. 10. PREPAYMENT OF CERTAIN PBGC PRE- tember 30, 2024’’. MIUMS. tion issued by the Secretary of the Treasury SEC. 12. EMERGENCY SERVICES, GOVERNMENT, or the Secretary of Labor under any provi- (a) IN GENERAL.—Section 4007 of the Em- AND CERTAIN NONPROFIT VOLUN- sion as so amended, and ployee Retirement Income Security Act of TEERS. (II) on or before the last day of the first 1974 (29 U.S.C. 1307) is amended by adding at (a) IN GENERAL.—Section 4980H(c) of the In- plan year beginning on or after January 1, the end the following new subsection: ternal Revenue Code of 1986 is amended by 2016, or such later date as the Secretary of ‘‘(f) ELECTION TO PREPAY FLAT DOLLAR redesignating paragraphs (5), (6), and (7) as the Treasury may prescribe. PREMIUMS.— paragraphs (6), (7), and (8), respectively, and (ii) CONDITIONS.—This subsection shall not ‘‘(1) IN GENERAL.—The designated payor by inserting after paragraph (4) the following apply to any amendment unless, during the may elect to prepay during any plan year the new paragraph: period— premiums due under clause (i) or (v), which- ‘‘(5) SPECIAL RULES FOR CERTAIN EMER- (I) beginning on the date that the amend- ever is applicable, of section 4006(a)(3)(A) for GENCY SERVICES, GOVERNMENT, AND NONPROFIT ments made by this subsection or the regula- the number of consecutive subsequent plan VOLUNTEERS.— tion described in clause (i)(I) takes effect (or years (not greater than 5) specified in the ‘‘(A) EMERGENCY SERVICES VOLUNTEERS.— in the case of a plan or contract amendment election. Qualified services rendered as a bona fide not required by such amendments or such ‘‘(2) AMOUNT OF PREPAYMENT.— volunteer to an eligible employer shall not

VerDate Mar 15 2010 04:19 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.039 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1877 be taken into account under this section as as employees under the shared respon- (1) in subsection (a)(2), by striking ‘‘Janu- service provided by an employee. For pur- sibility requirements contained in the ary 1, 2014’’ and inserting ‘‘January 1, 2015’’; poses of the preceding sentence, the terms Patient Protection and Affordable Care and ‘qualified services’, ‘bona fide volunteer’, and Act; as follows: (2) by striking subsection (b) and inserting ‘eligible employer’ shall have the respective the following: meanings given such terms under section At the end, add the following: ‘‘(b) PAYMENT OF AMOUNTS REMAINING IN 457(e). This Act shall become effective 3 days ACCOUNT.— ‘‘(B) CERTAIN OTHER GOVERNMENT AND NON- after enactment. ‘‘(1) IN GENERAL.—Subject to paragraph (2), PROFIT VOLUNTEERS.— in the case of an individual who has amounts ‘‘(i) IN GENERAL.—Services rendered as a SA 2878. Mr. REID proposed an remaining in an account established under bona fide volunteer to a specified employer amendment to amendment SA 2877 pro- section 4002 as of the last day of the last shall not be taken into account under this posed by Mr. REID to the bill H.R. 3979, week (as determined in accordance with the section as service provided by an employee. to amend the Internal Revenue Code of applicable State law) ending on or before ‘‘(ii) BONA FIDE VOLUNTEER.—For purposes 1986 to ensure that emergency services January 1, 2015, the following rules shall of this subparagraph, the term ‘bona fide vol- volunteers are not taken into account apply: unteer’ means an employee of a specified em- ‘‘(A) Taking into account any augmenta- as employees under the shared respon- tion under subparagraph (B), emergency un- ployer whose only compensation from such sibility requirements contained in the employer is in the form of— employment compensation shall continue to ‘‘(I) reimbursement for (or reasonable al- Patient Protection and Affordable Care be payable to such individual under this title lowance for) reasonable expenses incurred in Act; as follows: for any week beginning after such last day as the performance of services by volunteers, or In the amendment, strike ‘‘3 days’’ and in- long as the individual meets the eligibility ‘‘(II) reasonable benefits (including length sert ‘‘4 days’’. requirements of this title. of service awards), and nominal fees, custom- ‘‘(B) Augmentation under subsection (c), arily paid by similar entities in connection SA 2879. Mr. REID proposed an (d), and (e) of section 4002 may occur after with the performance of services by volun- amendment to the bill H.R. 3979, to such date as long as the requirements for teers. amend the Internal Revenue Code of such augmentation are otherwise met. ‘‘(iii) SPECIFIED EMPLOYER.—For purposes ‘‘(2) LIMIT ON COMPENSATION.—No com- 1986 to ensure that emergency services pensation under this title shall be payable of this subparagraph, the term ‘specified em- volunteers are not taken into account ployer’ means— for any week beginning after October 3, ‘‘(I) any government entity, and as employees under the shared respon- 2015.’’. ‘‘(II) any organization described in section sibility requirements contained in the (b) MODIFICATIONS RELATING TO WEEKS OF 501(c) and exempt from tax under section Patient Protection and Affordable Care EMERGENCY UNEMPLOYMENT COMPENSATION.— 501(a). Act; as follows: (1) FIRST TIER.—Section 4002(b) of the Sup- plemental Appropriations Act, 2008 (26 U.S.C. ‘‘(iv) COORDINATION WITH SUBPARAGRAPH At the end, add the following: (A).—This subparagraph shall not fail to This Act shall become effective 4 days 3304 note; Public Law 110–252) is amended— (A) by striking paragraph (1) and inserting apply with respect to services merely be- after enactment. cause such services are qualified services (as the following: defined in section 457(e)(11)(C)).’’. SA 2880. Mr. REID proposed an ‘‘(1) IN GENERAL.—The amount established (b) EFFECTIVE DATE.—The amendments in an account under subsection (a) shall be amendment to amendment SA 2879 pro- equal to— made by this section shall apply to months posed by Mr. REID to the bill H.R. 3979, beginning after December 31, 2013. ‘‘(A) for an account established after De- to amend the Internal Revenue Code of cember 28, 2013, and before March 30, 2014, the SA 2875. Mr. REID proposed an 1986 to ensure that emergency services lesser of— amendment to amendment SA 2874 pro- volunteers are not taken into account ‘‘(i) 54 percent of the total amount of reg- as employees under the shared respon- ular compensation (including dependents’ al- posed by Mr. REID (for Mr. REED (for lowances) payable to the individual during himself, Mr. HELLER, Mr. MERKLEY, Ms. sibility requirements contained in the Patient Protection and Affordable Care the individual’s benefit year under such law; COLLINS, Mr. BOOKER, Mr. PORTMAN, or Mr. BROWN, Ms. MURKOWSKI, Mr. DUR- Act; as follows: ‘‘(ii) 14 times the individual’s average BIN, and Mr. KIRK)) to the bill H.R. 3979, In the amendment, strike ‘‘4 days’’ and in- weekly benefit amount for the benefit year; to amend the Internal Revenue Code of sert ‘‘5 days’’. ‘‘(B) for an account established after 1986 to ensure that emergency services March 29, 2014, and before June 29, 2014, the SA 2881. Mr. REID proposed an lesser of— volunteers are not taken into account amendment to amendment SA 2880 pro- ‘‘(i) 43 percent of the total amount of reg- as employees under the shared respon- posed by Mr. REID to the amendment ular compensation (including dependents’ al- sibility requirements contained in the SA 2879 proposed by Mr. REID to the lowances) payable to the individual during Patient Protection and Affordable Care bill H.R. 3979, to amend the Internal the individual’s benefit year under such law; or Act; as follows: Revenue Code of 1986 to ensure that At the end, add the following: ‘‘(ii) 11 times the individual’s average emergency services volunteers are not weekly benefit amount for the benefit year; This Act shall become effective 1 day after taken into account as employees under enactment. ‘‘(C) for an account established after June the shared responsibility requirements 28, 2014, and before September 27, 2014, the SA 2876. Mr. REID proposed an contained in the Patient Protection lesser of— amendment to amendment SA 2875 pro- and Affordable Care Act; as follows: ‘‘(i) 27 percent of the total amount of regular compensation (including dependents’ al- In the amendment, strike ‘‘5 days’’ and in- posed by Mr. REID to the amendment lowances) payable to the individual during sert ‘‘6 days’’. SA 2874 proposed by Mr. REID (for Mr. the individual’s benefit year under such law; REED (for himself, Mr. HELLER, Mr. SA 2882. Mr. TOOMEY submitted an or MERKLEY, Ms. COLLINS, Mr. BOOKER, ‘‘(ii) 7 times the individual’s average week- amendment intended to be proposed by Mr. PORTMAN, Mr. BROWN, Ms. MUR- ly benefit amount for the benefit year; or him to the bill H.R. 3979, to amend the KOWSKI, Mr. DURBIN, and Mr. KIRK)) to ‘‘(D) for an account established after Sep- Internal Revenue Code of 1986 to ensure the bill H.R. 3979, to amend the Inter- tember 26, 2014, and before January 1, 2015, that emergency services volunteers are the lesser of— nal Revenue Code of 1986 to ensure that not taken into account as employees ‘‘(i) 16 percent of the total amount of reg- emergency services volunteers are not under the shared responsibility re- ular compensation (including dependents’ al- taken into account as employees under quirements contained in the Patient lowances) payable to the individual during the shared responsibility requirements Protection and Affordable Care Act; the individual’s benefit year under such law; contained in the Patient Protection or which was ordered to lie on the table; and Affordable Care Act; as follows: ‘‘(ii) 4 times the individual’s average week- as follows: In the amendment, strike ‘‘1 day’’ and in- ly benefit amount for the benefit year.’’; (B) by striking paragraph (3); and sert ‘‘2 days’’. Strike sections 2 through 6 and insert the following: (C) by redesignating paragraph (3) as para- SA 2877. Mr. REID proposed an SEC. 2. EXTENSION AND MODIFICATION OF THE graph (2). EMERGENCY UNEMPLOYMENT COM- (2) SECOND TIER.—Section 4002(c)(1) of the amendment to the bill H.R. 3979, to PENSATION PROGRAM. Supplemental Appropriations Act, 2008 (26 amend the Internal Revenue Code of (a) EXTENSION.—Section 4007 of the Supple- U.S.C. 3304 note; Public Law 110–252) is 1986 to ensure that emergency services mental Appropriations Act, 2008 (Public Law amended by striking subparagraphs (A) and volunteers are not taken into account 110–252; 26 U.S.C. 3304 note) is amended— (B) and inserting the following:

VerDate Mar 15 2010 04:19 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.039 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1878 CONGRESSIONAL RECORD — SENATE March 31, 2014 ‘‘(A) for an account established under sub- U.S.C. 3304 note; Public Law 110–252) is SEC. 4. DISQUALIFICATION ON RECEIPT OF DIS- section (a) after December 28, 2013, and be- amended— ABILITY INSURANCE BENEFITS IN A fore March 30, 2014, the lesser of— (A) in paragraph (1), by striking subpara- MONTH FOR WHICH UNEMPLOY- ‘‘(i) 54 percent of the total amount of reg- graphs (A) and (B) and inserting the fol- MENT COMPENSATION IS RECEIVED. ular compensation (including dependents’’ lowing: (a) IN GENERAL.—Section 223(d)(4) of the allowances) payable to the individual during ‘‘(A) for an account established under sub- Social Security Act (42 U.S.C. 423(d)(4)) is the individual’s benefit year under such law; section (a) after December 28, 2013, and be- amended by adding at the end the following: or fore March 30, 2014, the lesser of— ‘‘(C)(i) If for any month an individual is en- ‘‘(ii) 14 times the individual’s average ‘‘(i) 39 percent of the total amount of reg- titled to unemployment compensation, such weekly benefit amount for the benefit year; ular compensation (including dependents’’ individual shall be deemed to have engaged ‘‘(B) for an account established under sub- allowances) payable to the individual during in substantial gainful activity for such section (a) after March 29, 2014, and before the individual’s benefit year under such law; month. June 29, 2014, the lesser of— or ‘‘(ii) For purposes of clause (i), the term ‘‘(i) 43 percent of the total amount of reg- ‘‘(ii) 10 times the individual’s average ‘unemployment compensation’ means— ular compensation (including dependents’’ weekly benefit amount for the benefit year; ‘‘(I) ‘regular compensation’, ‘extended allowances) payable to the individual during ‘‘(B) for an account established under sub- compensation’, and ‘additional compensa- the individual’s benefit year under such law; section (a) after March 29, 2014, and before tion’ (as such terms are defined by section or June 29, 2014, the lesser of— 205 of the Federal-State Extended Unemploy- ‘‘(ii) 11 times the individual’s average ‘‘(i) 27 percent of the total amount of reg- ment Compensation Act (26 U.S.C. 3304 weekly benefit amount for the benefit year; ular compensation (including dependents’’ note)); and ‘‘(C) for an account established under sub- allowances) payable to the individual during ‘‘(II) trade adjustment assistance under section (a) after June 28, 2014, and before the individual’s benefit year under such law; title II of the Trade Act of 1974 (19 U.S.C. 2251 September 27, 2014, the lesser of— or et seq.).’’. ‘‘(i) 27 percent of the total amount of reg- (b) TRIAL WORK PERIOD.—Section 222(c) of ular compensation (including dependents’’ ‘‘(ii) 7 times the individual’s average weekly benefit amount for the benefit year; the Social Security Act (42 U.S.C. 422(c)) is allowances) payable to the individual during amended by adding at the end the following: the individual’s benefit year under such law; ‘‘(C) for an account established under subsection (a) after June 28, 2014, and before ‘‘(6)(A) For purposes of this subsection, an or individual shall be deemed to have rendered ‘‘(ii) 7 times the individual’s average week- September 27, 2014, the lesser of— services in a month if the individual is enti- ly benefit amount for the benefit year; or ‘‘(i) 20 percent of the total amount of reg- tled to unemployment compensation for such ‘‘(D) for an account established under sub- ular compensation (including dependents’ al- month. section (a) after September 26, 2014, and be- lowances) payable to the individual during ‘‘(B) For purposes of subparagraph (A), the fore January 1, 2015, the lesser of— the individual’s benefit year under such law; ‘‘(i) 16 percent of the total amount of reg- or term ‘unemployment compensation’ means— ular compensation (including dependents’’ ‘‘(ii) 5 times the individual’s average week- ‘‘(i) ‘regular compensation’, ‘extended com- allowances) payable to the individual during ly benefit amount for the benefit year; or pensation’, and ‘additional compensation’ (as the individual’s benefit year under such law; ‘‘(D) for an account established after Sep- such terms are defined by section 205 of the or tember 26, 2014, and before January 1, 2015, Federal-State Extended Unemployment ‘‘(ii) 4 times the individual’s average week- the lesser of— Compensation Act (26 U.S.C. 3304 note)); and ly benefit amount for the benefit year.’’. ‘‘(i) 12 percent of the total amount of reg- ‘‘(ii) trade adjustment assistance under (3) THIRD TIER.—Section 4002(d) of the Sup- ular compensation (including dependents’ al- title II of the Trade Act of 1974 (19 U.S.C. 2251 plemental Appropriations Act, 2008 (26 U.S.C. lowances) payable to the individual during et seq.).’’. 3304 note; Public Law 110–252) is amended— the individual’s benefit year under such law; (c) DATA MATCHING.—The Commissioner of (A) in paragraph (1), by striking subpara- or Social Security shall implement the amend- graphs (A) and (B) and inserting the fol- ‘‘(ii) 3 times the individual’s average week- ments made by this section using appro- lowing: ly benefit amount for the benefit year.’’; and priate electronic data. ‘‘(A) for an account established under sub- (B) by striking paragraph (5). (d) EFFECTIVE DATE.—The amendments section (a) after December 28, 2013, and be- (c) FUNDING.—Section 4004(e)(1) of the Sup- made by this section shall apply with respect fore March 30, 2014, the lesser of— plemental Appropriations Act, 2008 (Public to months after December 2013. ‘‘(i) 35 percent of the total amount of reg- Law 110–252; 26 U.S.C. 3304 note) is amended— SEC. 5. SOCIAL SECURITY NUMBER REQUIRED TO ular compensation (including dependents’’ (1) in subparagraph (I), by striking ‘‘and’’ CLAIM THE REFUNDABLE PORTION allowances) payable to the individual during at the end; OF THE CHILD TAX CREDIT. the individual’s benefit year under such law; (2) in subparagraph (J), by inserting ‘‘and’’ (a) IN GENERAL.—Subsection (d) of section or at the end; and 24 of the Internal Revenue Code of 1986 is ‘‘(ii) 9 times the individual’s average week- (3) by inserting after subparagraph (J) the amended by adding at the end the following ly benefit amount for the benefit year; following: new paragraph: ‘‘(B) for an account established under sub- ‘‘(K) the amendments made by subsections ‘‘(5) IDENTIFICATION REQUIREMENT WITH RE- section (a) after March 29, 2014, and before (a) and (b) of section 2 of the Emergency Un- SPECT TO TAXPAYER.— June 29, 2014, the lesser of— employment Compensation Extension Act;’’. ‘‘(A) IN GENERAL.—Paragraph (1) shall not ‘‘(i) 27 percent of the total amount of reg- (d) EFFECTIVE DATE.—The amendments apply to any taxpayer for any taxable year ular compensation (including dependents’’ made by this section shall apply to weeks of unless the taxpayer includes the taxpayer’s allowances) payable to the individual during unemployment beginning on or after Decem- Social Security number on the return of tax the individual’s benefit year under such law; ber 29, 2013. for such taxable year. or ‘‘(B) JOINT RETURNS.—In the case of a joint ‘‘(ii) 7 times the individual’s average week- SEC. 3. FLEXIBILITY FOR UNEMPLOYMENT PRO- GRAM AGREEMENTS. return, the requirement of subparagraph (A) ly benefit amount for the benefit year; (a) FLEXIBILITY.— shall be treated as met if the Social Security ‘‘(C) for an account established under sub- (1) IN GENERAL.—Subsection (g) of section number of either spouse is included on such section (a) after June 28, 2014, and before 4001 of the Supplemental Appropriations Act, return.’’. September 27, 2014, the lesser of— (b) OMISSION TREATED AS MATHEMATICAL OR ‘‘(i) 20 percent of the total amount of reg- 2008 (Public Law 110–252; 26 U.S.C. 3304 note) CLERICAL ERROR.—Subparagraph (I) of sec- ular compensation (including dependents’’ shall not apply with respect to a State that tion 6213(g)(2) of the Internal Revenue Code allowances) payable to the individual during has enacted a law before December 1, 2013, of 1986 is amended to read as follows: the individual’s benefit year under such law; that, upon taking effect, would violate such or subsection. ‘‘(I) an omission of a correct Social Secu- ‘‘(ii) 5 times the individual’s average week- (2) EFFECTIVE DATE.—Paragraph (1) is effec- rity number required under section 24(d)(5) ly benefit amount for the benefit year; tive with respect to weeks of unemployment (relating to refundable portion of child tax ‘‘(D) for an account established under sub- beginning on or after December 29, 2013. credit), or a correct TIN under section 24(e) section (a) after September 26, 2014, and be- (b) PERMITTING A SUBSEQUENT AGREE- (relating to child tax credit), to be included fore January 1, 2015, the lesser of— MENT.—Nothing in title IV of the Supple- on a return,’’. ‘‘(i) 12 percent of the total amount of reg- mental Appropriations Act, 2008 (Public Law (c) CONFORMING AMENDMENT.—Subsection ular compensation (including dependents’’ 110–252; 26 U.S.C. 3304 note) shall preclude a (e) of section 24 of the Internal Revenue Code allowances) payable to the individual during State whose agreement under such title was of 1986 is amended by inserting ‘‘With Re- the individual’s benefit year under such law; terminated from entering into a subsequent spect to Qualifying Children’’ after ‘‘Identi- or agreement under such title on or after the fication Requirement’’ in the heading there- ‘‘(ii) 3 times the individual’s average week- date of the enactment of this Act if the of. ly benefit amount for the benefit year.’’; and State, taking into account the application of (d) EFFECTIVE DATE.—The amendments (B) by striking paragraph (5). subsection (a), would otherwise meet the re- made by this section shall apply to taxable (4) FOURTH TIER.—Section 4002(e) of the quirements for an agreement under such years beginning after the date of the enact- Supplemental Appropriations Act, 2008 (26 title. ment of this Act.

VerDate Mar 15 2010 04:19 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.048 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1879 SEC. 6. LIMITATION ON PAYMENT OF PORTION (b) TRIAL WORK PERIOD.—Section 222(c) of mittee, have floor privileges for the OF PREMIUM BY FEDERAL CROP IN- the Social Security Act (42 U.S.C. 422(c)) is 113th Congress. SURANCE CORPORATION. amended by adding at the end the following: Section 508(e) of the Federal Crop Insur- The PRESIDING OFFICER. Without ‘‘(6)(A) For purposes of this subsection, an objection, it is so ordered. ance Act (7 U.S.C. 1508(e)) is amended by add- individual shall be deemed to have rendered ing at the end the following: services in a month if the individual is enti- f ‘‘(8) LIMITATION.— tled to unemployment compensation for such ‘‘(A) IN GENERAL.—Notwithstanding any month. EXECUTIVE SESSION other provision of this title, the total ‘‘(B) For purposes of subparagraph (A), the amount of premium paid by the Corporation term ‘unemployment compensation’ means— on behalf of a person or legal entity, directly ‘‘(i) ‘regular compensation’, ‘extended com- EXECUTIVE CALENDAR or indirectly, with respect to all policies pensation’, and ‘additional compensation’ (as Ms. CANTWELL. I ask unanimous issued to the person or legal entity under such terms are defined by section 205 of the this title for a crop year shall be limited to Federal-State Extended Unemployment consent that the Senate proceed to ex- a maximum of $50,000. Compensation Act (26 U.S.C. 3304 note)); and ecutive session to consider the fol- ‘‘(B) RELATIONSHIP TO OTHER LAW.—To the ‘‘(ii) trade adjustment assistance under lowing nominations: Calendar Nos. 714, maximum extent practicable, the Corpora- title II of the Trade Act of 1974 (19 U.S.C. 2251 715, 716, 717, 718, 719, 720, 721, 722, 723, tion shall carry out this paragraph in ac- et seq.).’’. cordance with sections 1001 through 1001F of 724, 725, 726, 727, and 728, and all nomi- (c) DATA MATCHING.—The Commissioner of the Food Security Act of 1985 (7 U.S.C. 1308 nations placed on the Secretary’s desk Social Security shall implement the amend- et seq.).’’. in the Air Force, Army, Marine Corps, ments made by this section using appro- and Navy; that the nominations be SA 2883. Mr. VITTER submitted an priate electronic data. (d) EFFECTIVE DATE.—The amendments confirmed, en bloc; the motions to re- amendment intended to be proposed by made by this section shall apply with respect consider be considered made and laid him to the resolution S. Res. 404, hon- to months beginning after the date of the en- upon the table, with no intervening ac- oring the accomplishments and legacy actment of this Act. tion or debate; that no further motions of Cesar Estrada Chavez; which was or- f be made in order to any of these nomi- dered to lie on the table; as follows: nations; and that the President be im- Insert after the fourteenth whereas clause NOTICE OF HEARINGS mediately notified of the Senate’s ac- of the preamble the following: COMMITTEE ON INDIAN AFFAIRS tion. Whereas Ce´sar Estrada Cha´ vez strongly be- Mr. TESTER. Mr. President, I would The PRESIDING OFFICER. Without lieved in enforcing immigration laws, there- objection, it is so ordered. by reducing the deleterious effects of inex- like to announce that the Committee pensive labor on the wages of farm workers on Indian Affairs will meet during the The nominations considered and con- in the United States, as recognized by the session of the Senate on Wednesday, firmed en bloc are as follows: Congressional Budget Office in the June 2013 April 2, 2014, in room SD–628 of the IN THE AIR FORCE report entitled ‘‘The Economic Impact of S. Dirksen Senate Office Building, at 2:30 The following named officer for appoint- 744, the Border Security, Economic Oppor- p.m., to conduct a business meeting to ment in the United States Air Force to the tunity, and Immigration Modernization consider the following legislation: H.R. grade indicated while assigned to a position Act’’; 841, to amend the Grand Ronde Res- of importance and responsibility under title Whereas Ce´sar Estrada Cha´ vez recognized 10, U.S.C., section 601: the importance of a secure southern border ervation Act to make technical correc- To be lieutenant general with Mexico, through citizen participation in tions, and for other purposes; S. 161, to the enforcement of immigration laws, by en- extend the Federal recognition to the Maj. Gen. Anthony J. Rock couraging members of the United Farm Little Shell Tribe of Chippewa Indians The following named officer for appoint- Workers of America to contact the Immigra- of Montana, and for other purposes; S. ment in the United States Air Force to the tion and Naturalization Service to report in- 1074, to extend Federal recognition to grade indicated while assigned to a position stances of illegal labor; the Chickahominy Indian Tribe, the of importance and responsibility under title 10, U.S.C., section 601: SA 2884. Mr. VITTER submitted an Chickahominy Indian Tribe-Eastern Division, the Upper Mattaponi Tribe, To be lieutenant general amendment intended to be proposed by Maj. Gen. Thomas J. Trask him to the bill H.R. 3979, to amend the the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the The following named officer for appoint- Internal Revenue Code of 1986 to ensure ment in the United States Air Force to the that emergency services volunteers are Nansemond Indian Tribe; and S. 1219, to authorize the Pechanga Band of grade indicated under title 10, U.S.C., section not taken into account as employees 624: under the shared responsibility re- Luiseno Mission Indians Water Rights Settlement, and for other purposes. To be brigadier general quirements contained in the Patient Col. Andrew J. Toth Protection and Affordable Care Act; Those wishing additional information The following named officer for appoint- which was ordered to lie on the table; may contact the Indian Affairs Com- mittee at 202–224–2251. ment in the United States Air Force to the as follows: grade indicated while assigned to a position At the appropriate place, insert the fol- f of importance and responsibility under title lowing: AUTHORITY FOR COMMITTEES TO 10, U.S.C., section 601: SEC. lll. DISQUALIFICATION ON RECEIPT OF To be general DISABILITY INSURANCE BENEFITS MEET Lt. Gen. Darren W. McDew IN A MONTH FOR WHICH UNEM- COMMITTEE ON HOMELAND SECURITY AND PLOYMENT COMPENSATION IS RE- The following named officer for appoint- GOVERNMENTAL AFFAIRS CEIVED. ment in the United States Air Force to the (a) IN GENERAL.—Section 223(d)(4) of the Mr. KAINE. Mr. President, I ask grade indicated while assigned to a position Social Security Act (42 U.S.C. 423(d)(4)) is unanimous consent that the Com- of importance and responsibility under title amended by adding at the end the following: mittee on Homeland Security and Gov- 10, U.S.C., section 601: ‘‘(C)(i) If for any month an individual is en- ernmental Affairs be authorized to To be lieutenant general titled to unemployment compensation, such meet during the session of the Senate Lt. Gen. Bradley A. Heithold individual shall be deemed to have engaged on March 31, 2014, at 3 p.m. to conduct in substantial gainful activity for such The following named officer for appoint- month. a hearing entitled ‘‘Management Mat- ment in the United States Air Force to the ‘‘(ii) For purposes of clause (i), the term ters: Creating a 21st Century Govern- grade indicated under title 10, U.S.C., section ‘unemployment compensation’ means— ment—Part II, Outside Views.’’ 624: ‘‘(I) ‘regular compensation’, ‘extended The PRESIDING OFFICER. Without To be brigadier general compensation’, and ‘additional compensa- objection, it is so ordered. Col. Robert I. Miller tion’ (as such terms are defined by section 205 of the Federal-State Extended Unemploy- f IN THE ARMY ment Compensation Act (26 U.S.C. 3304 PRIVILEGES OF THE FLOOR The following named officer for appoint- note)); and ment in the United States Army to the grade ‘‘(II) trade adjustment assistance under Mr. WYDEN. Mr. President, I ask indicated while assigned to a position of im- title II of the Trade Act of 1974 (19 U.S.C. 2251 unanimous consent that Anne Dwyer, a portance and responsibility under title 10, et seq.).’’. staff member on the Finance Com- U.S.C., section 601:

VerDate Mar 15 2010 04:19 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.049 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1880 CONGRESSIONAL RECORD — SENATE March 31, 2014 To be lieutenant general and appeared in the Congressional Record of The PRESIDING OFFICER. Without Lt. Gen. William B. Garrett, III February 26, 2014. objection, it is so ordered. The following named officer for appoint- PN1484 ARMY nomination of Steven K. ment in the United States Army to the grade White, which was received by the Senate and f indicated while assigned to a position of im- appeared in the Congressional Record of Feb- ruary 26, 2014. portance and responsibility under title 10, LEGISLATIVE SESSION U.S.C., section 601: PN1485 ARMY nominations (6) beginning DANIEL B. THOMPSON, and ending TODD The PRESIDING OFFICER. Under To be lieutenant general A. MORRIS, which nominations were re- the previous order, the Senate will re- Maj. Gen. Herbert R. McMaster, Jr. ceived by the Senate and appeared in the sume legislative session. The following named officer for appoint- Congressional Record of February 26, 2014. ment in the United States Army Medical PN1514 ARMY nominations (63) beginning f Service Corps to the grade indicated under PETER P. ALERIA, and ending SHAY L. D. title 10, U.S.C., section 624 and 3064: WORTHY, which nominations were received NATIONAL ASSISTANT To be brigadier general by the Senate and appeared in the Congres- sional Record of March 10, 2014. PRINCIPALS WEEK Col. Robert D. Tenhet The following named officer for appoint- IN THE MARINE CORPS Ms. CANTWELL. Mr. President, I ask ment in the United States Army Medical PN1486 MARINE CORPS nomination of unanimous consent that the Senate Corps to the grade indicated under title 10, Jason K. Fettig, which was received by the proceed to the immediate consider- U.S.C., section 624 and 3064: Senate and appeared in the Congressional ation of S. Res. 405, submitted earlier To be brigadier general Record of February 26, 2014. today. PN1487 MARINE CORPS nomination of Col. Bertram C. Providence The PRESIDING OFFICER. The Michelle A. Rakers, which was received by clerk will report the resolution by The following named officer for appoint- the Senate and appeared in the Congres- ment in the United States Army to the grade sional Record of February 26, 2014. title. indicated while assigned to a position of im- The assistant legislative clerk read IN THE NAVY portance and responsibility under title 10, as follows: PN1488 NAVY nomination of Ogwo U. U.S.C., section 601: A resolution (S. Res. 405) expressing sup- To be lieutenant general Ogwo, which was received by the Senate and appeared in the Congressional Record of Feb- port for the designation of the week of Maj. Gen. Bennet S. Sacolick ruary 26, 2014. March 31 through April 4, 2014, as ‘‘National IN THE NAVY PN1489 NAVY nomination of William Assistant Principals Week.’’ The following named officer for appoint- Rabchenia, which was received by the Senate There being no objection, the Senate ment in the United States Navy to the grade and appeared in the Congressional Record of proceeded to consider the resolution. indicated while assigned to a position of im- February 26, 2014. Ms. CANTWELL. I ask unanimous portance and responsibility under title 10, PN1490 NAVY nominations (45) beginning consent that the resolution be agreed U.S.C., section 601: MATTHEW M. ANTHONY, and ending to, the preamble be agreed to, and the THOMAS A. WILLIAMS, which nominations To be admiral motions to reconsider be considered Vice Adm. Michael S. Rogers were received by the Senate and appeared in the Congressional Record of February 26, made and laid upon the table, with no The following named officer for appoint- 2014. intervening action or debate. ment in the United States Navy to the grade f The PRESIDING OFFICER. Without indicated while assigned to a position of im- objection, it is so ordered. portance and responsibility under title 10, NOMINATION DISCHARGED U.S.C., section 601: The resolution (S. Res. 405) was To be vice admiral Ms. CANTWELL. Mr. President, I ask agreed to. The preamble was agreed to. Vice Adm. John W. Miller unanimous consent that the Commerce (The resolution, with its preamble, is The following named officer for appoint- Committee be discharged from further printed in today’s RECORD under ‘‘Sub- ment in the United States Navy to the grade consideration of PN1058; that the Sen- indicated under title 10, U.S.C., section 624: ate proceed to vote on the nomination; mitted Resolutions.’’) To be rear admiral (lower half) that the motion to reconsider be con- f Capt. David A. Lane sidered made and laid upon the table, with no intervening action or debate; IN THE MARINE CORPS that no further motions be in order to NATIONAL ASSOCIATION OF The following named officer for appoint- JUNIOR AUXILIARIES DAY ment in the United States Marine Corps to the nomination; that any related state- the grade indicated under title 10, U.S.C., ments be printed in the RECORD; and Ms. CANTWELL. Mr. President, I ask section 624: that the President be immediately no- unanimous consent that the Senate To be major general tified of the Senate’s action. proceed to the consideration of S. Res. Brig. Gen. Brian D. Beaudreault The PRESIDING OFFICER. Is there 406, submitted earlier today. Brig. Gen. Vincent A. Coglianese objection? The PRESIDING OFFICER. The Brig. Gen. James W. Lukeman Without objection, it is so ordered. clerk will report the resolution by Brig. Gen. Carl E. Mundy, III The clerk will report the nomination. title. Brig. Gen. Daniel J. ODonohue The legislative clerk read as follows: The assistant legislative clerk read Brig. Gen. Richard L. Simcock, II Nomination of Kelly R. Welsh, of Illinois, as follows: Brig. Gen. Gary L. Thomas to be General Counsel of the Department of A resolution (S. Res. 406) designating April NOMINATIONS PLACED ON THE SECRETARY’S Commerce. 4, 2014, as ‘‘National Association of Junior DESK The PRESIDING OFFICER. The Auxiliaries Day.’’ IN THE AIR FORCE question is, Will the Senate advise and There being no objection, the Senate PN1481 AIR FORCE nomination of Darvin consent to the nomination of Kelly R. proceeded to consider the resolution. E. Winters, Jr., which was received by the Senate and appeared in the Congressional Walsh to be General Counsel of the De- Ms. CANTWELL. I ask unanimous Record of February 26, 2014. partment of Commerce? consent that the resolution be agreed PN1482 AIR FORCE nominations (3) begin- The nomination was confirmed. to, the preamble be agreed to, and that ning BRUCE E. STERNKE, and ending ELIZ- f the motions to reconsider be laid upon ABETH M. F. LIBAO, which nominations the table, with no intervening action were received by the Senate and appeared in OWENS NOMINATION or debate. the Congressional Record of February 26, Ms. CANTWELL. Mr. President, I ask The PRESIDING OFFICER. Without 2014. PN1513 AIR FORCE nomination of Jose A. unanimous consent that with respect objection, it is so ordered. Sanchez, which was received by the Senate to the Owens nomination confirmed The resolution (S. Res. 406) was and appeared in the Congressional Record of today, the motions to reconsider be agreed to. March 10, 2014. considered made and laid upon the The preamble was agreed to. IN THE ARMY table and the President be immediately (The resolution, with its preamble, is PN1483 ARMY nomination of Jeffrey A. notified of the Senate’s action and the printed in today’s RECORD under ‘‘Sub- Uherka, which was received by the Senate Senate then resume legislative session. mitted Resolutions.’’)

VerDate Mar 15 2010 04:19 Apr 01, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A31MR6.043 S31MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 31, 2014 CONGRESSIONAL RECORD — SENATE S1881 HONORING FORMER SENATOR AND NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED REAR ADMIRAL JEREMIAH AN- Executive nominations received by UNDER TITLE 10, U.S.C., SECTION 624: DREW DENTON, JR. the Senate: To be rear admiral (lower half) Ms. CANTWELL. Mr. President, I ask CONSUMER PRODUCT SAFETY COMMISSION CAPT. TODD J. SQUIRE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT unanimous consent the Senate proceed ELLIOT F. KAYE, OF NEW YORK, TO BE A COMMIS- IN THE UNITED STATES NAVY TO THE GRADE INDICATED SIONER OF THE CONSUMER PRODUCT SAFETY COMMIS- to the consideration of S. Res. 407, sub- UNDER TITLE 10, U.S.C., SECTION 624: SION FOR A TERM OF SEVEN YEARS FROM OCTOBER 27, mitted earlier today. 2013, VICE INEZ MOORE TENENBAUM, RESIGNED. To be rear admiral (lower half) The PRESIDING OFFICER. The ELLIOT F. KAYE, OF NEW YORK, TO BE CHAIRMAN OF THE CONSUMER PRODUCT SAFETY COMMISSION, VICE CAPT. JOHNNY R. WOLFE, JR. clerk will report the resolution by INEZ MOORE TENENBAUM, RESIGNED. IN THE COAST GUARD title. UNITED STATES AGENCY FOR INTERNATIONAL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The assistant legislative clerk read DEVELOPMENT TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN as follows: ALFONSO E. LENHARDT, OF NEW YORK, TO BE DEPUTY THE UNITED STATES COAST GUARD AND TO THE GRADE A resolution (S. Res. 407) honoring ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INDICATED UNDER TITLE 14, U.S.C., SECTION 50: INTERNATIONAL DEVELOPMENT, VICE DONALD KEN- To be vice admiral former Senator and Rear Admiral Jere- NETH STEINBERG. REAR ADM. THOMAS P. OSTEBO miah Andrew Denton, Jr. DEPARTMENT OF THE TREASURY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT There being no objection, the Senate LINDA STRUYK MILLSAPS, OF NORTH CAROLINA, TO BE TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN proceeded to consider the resolution. A MEMBER OF THE INTERNAL REVENUE SERVICE OVER- THE UNITED STATES COAST GUARD AND TO THE GRADE SIGHT BOARD FOR A TERM EXPIRING SEPTEMBER 14, INDICATED UNDER TITLE 14, U.S.C., SECTION 50: Ms. CANTWELL. Mr. President, I ask 2018, VICE PAUL JONES, TERM EXPIRED. To be vice admiral unanimous consent that the resolution CORPORATION FOR NATIONAL AND COMMUNITY be agreed to, the preamble be agreed SERVICE REAR ADM. WILLIAM D. LEE to, the motion to reconsider be consid- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEAN A. REUTER, OF VIRGINIA, TO BE A MEMBER OF TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN ered made and laid upon the table, with THE BOARD OF DIRECTORS OF THE CORPORATION FOR THE UNITED STATES COAST GUARD AND TO THE GRADE NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- INDICATED UNDER TITLE 14, U.S.C., SECTION 50: no intervening action or debate. PIRING SEPTEMBER 14, 2016, VICE JULIE FISHER CUM- The PRESIDING OFFICER. Without MINGS, TERM EXPIRED. To be vice admiral objection, it is so ordered. CORPORATION FOR PUBLIC BROADCASTING REAR ADM. CHARLES W. RAY The resolution (S. Res. 407) was ELIZABETH SEMBLER, OF FLORIDA, TO BE A MEMBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT agreed to. OF THE BOARD OF DIRECTORS OF THE CORPORATION TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JAN- THE UNITED STATES COAST GUARD AND TO THE GRADE The preamble was agreed to. UARY 31, 2020. (REAPPOINTMENT) INDICATED UNDER TITLE 14, U.S.C., SECTION 50: (The resolution, with its preamble, is IN THE AIR FORCE To be vice admiral printed in today’s RECORD under ‘‘Sub- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. CHARLES D. MICHEL mitted Resolutions.’’) IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- f CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE f AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION DISCHARGED NOMINATION 601: ORDERS FOR TUESDAY, APRIL 1, To be lieutenant general The Senate Committee on Com- 2014 MAJ. GEN. WENDY M. MASIELLO merce, Science, and Transportation IN THE NAVY was discharged from further consider- Ms. CANTWELL. Mr. President, I ask THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ation of the following nomination by unanimous consent that when the Sen- IN THE UNITED STATES NAVY TO THE GRADE INDICATED unanimous consent and the nomination ate completes its business today, it ad- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND was confirmed: journ until 10 a.m., Tuesday, April 1, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be vice admiral KELLY R. WELSH, OF ILLINOIS, TO BE GENERAL COUN- 2014; that following the prayer and SEL OF THE DEPARTMENT OF COMMERCE. VICE ADM. SEAN A. PYBUS pledge, the morning hour be deemed f expired, the Journal of proceedings be THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED CONFIRMATIONS approved to date, and the time for the UNDER TITLE 10, U.S.C., SECTION 624: two leaders be reserved for their use To be rear admiral (lower half) Executive nominations confirmed by later in the day; that following any CAPT. KATHLEEN M. CREIGHTON the Senate March 31, 2014: leader remarks, the Senate be in a pe- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE JUDICIARY IN THE UNITED STATES NAVY TO THE GRADE INDICATED riod of morning business for 1 hour UNDER TITLE 10, U.S.C., SECTION 624: JOHN B. OWENS, OF CALIFORNIA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. with Senators permitted to speak To be rear admiral (lower half) therein for up to 10 minutes each, with IN THE AIR FORCE CAPTAIN BRIAN J. BRAKKE the time equally divided and controlled CAPTAIN RICHARD A. BROWN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT between the two leaders or their des- CAPTAIN JAMES S. BYNUM IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CAPTAIN PETER J. CLARKE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ignees, with the majority controlling CAPTAIN SCOTT D. CONN AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION the first half and the Republicans con- CAPTAIN BRIAN K. COREY 601: CAPTAIN RICHARD A. CORRELL To be lieutenant general trolling the final half; and that fol- CAPTAIN MARC H. DALTON lowing morning business, the Senate CAPTAIN COLLIN P. GREEN MAJ. GEN. ANTHONY J. ROCK CAPTAIN DALE E. HORAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT resume consideration of H.R. 3979, the CAPTAIN MARY M. JACKSON IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CAPTAIN JAMES W. KILBY vehicle for the unemployment insur- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE CAPTAIN ROY I. KITCHENER AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ance extension; further, that the Sen- CAPTAIN JAMES J. MALLOY 601: ate recess from 12:30 p.m. until 2:15 CAPTAIN ROSS A. MYERS CAPTAIN JEFFREY S. RUTH To be lieutenant general p.m. to allow for the weekly caucuses. CAPTAIN LORIN C. SELBY The PRESIDING OFFICER. Without CAPTAIN JOHN W. TAMMEN, JR. MAJ. GEN. THOMAS J. TRASK CAPTAIN KENT D. WHALEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. CAPTAIN KENNETH R. WHITESELL IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CAPTAIN CHARLES F. WILLIAMS CATED UNDER TITLE 10, U.S.C., SECTION 624: f CAPTAIN JESSE A. WILSON, JR. To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADJOURNMENT UNTIL 10 A.M. IN THE UNITED STATES NAVY TO THE GRADE INDICATED COL. ANDREW J. TOTH UNDER TITLE 10, U.S.C., SECTION 624: TOMORROW THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral (lower half) IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Ms. CANTWELL. Mr. President, if CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE CAPT. SHANE G. GAHAGAN AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION there is no further business to come be- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 601: fore the Senate, I ask unanimous con- IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be general sent that it stand adjourned under the UNDER TITLE 10, U.S.C., SECTION 624: To be rear admiral (lower half) LT. GEN. DARREN W. MCDEW provisions of S. Res. 407, as a further THE FOLLOWING NAMED OFFICER FOR APPOINTMENT mark of respect in memory of the late CAPT. TIMOTHY C. GALLAUDET IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Senator Jeremiah Denton of Alabama. IN THE UNITED STATES NAVY TO THE GRADE INDICATED AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION There being no objection, the Senate, UNDER TITLE 10, U.S.C., SECTION 624: 601: at 8:02 p.m., adjourned until Tuesday, To be rear admiral (lower half) To be lieutenant general April 1, 2014, at 10 a.m. CAPT. STEVEN L. PARODE LT. GEN. BRADLEY A. HEITHOLD

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE NAVY AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- FEBRUARY 26, 2014. CATED UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATION OF JOSE A. SANCHEZ, TO BE To be brigadier general IN THE UNITED STATES NAVY TO THE GRADE INDICATED COLONEL. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COL. ROBERT I. MILLER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE ARMY IN THE ARMY To be admiral ARMY NOMINATION OF JEFFREY A. UHERKA, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICE ADM. MICHAEL S. ROGERS MAJOR. ARMY NOMINATION OF STEVEN K. WHITE, TO BE IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJOR. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING WITH DANIEL B. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THOMPSON AND ENDING WITH TODD A. MORRIS, WHICH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be lieutenant general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LT. GEN. WILLIAM B. GARRETT III To be vice admiral PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 26, 2014. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICE ADM. JOHN W. MILLER ARMY NOMINATIONS BEGINNING WITH PETER P. IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ALERIA AND ENDING WITH SHAY L. D. WORTHY, WHICH IN THE UNITED STATES NAVY TO THE GRADE INDICATED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNDER TITLE 10, U.S.C., SECTION 624: PEARED IN THE CONGRESSIONAL RECORD ON MARCH 10, To be lieutenant general To be rear admiral (lower half) 2014. MAJ. GEN. HERBERT R. MCMASTER, JR. CAPT. DAVID A. LANE IN THE MARINE CORPS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY MEDICAL SERVICE CORPS IN THE MARINE CORPS MARINE CORPS NOMINATION OF JASON K. FETTIG, TO TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- BE LIEUTENANT COLONEL. TIONS 624 AND 3064: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS TO THE GRADE MARINE CORPS NOMINATION OF MICHELLE A. RAKERS, To be brigadier general INDICATED UNDER TITLE 10, U.S.C., SECTION 624: TO BE MAJOR. COL. ROBERT D. TENHET To be major general IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. BRIAN D. BEAUDREAULT IN THE UNITED STATES ARMY MEDICAL CORPS TO THE NAVY NOMINATION OF OGWO U. OGWO, TO BE LIEUTEN- BRIG. GEN. VINCENT A. COGLIANESE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 624 ANT COMMANDER. BRIG. GEN. JAMES W. LUKEMAN AND 3064: NAVY NOMINATION OF WILLIAM RABCHENIA, TO BE BRIG. GEN. CARL E. MUNDY III CAPTAIN. To be brigadier general BRIG. GEN. DANIEL J. ODONOHUE NAVY NOMINATIONS BEGINNING WITH MATTHEW M. BRIG. GEN. RICHARD L. SIMCOCK II COL. BERTRAM C. PROVIDENCE ANTHONY AND ENDING WITH THOMAS A. WILLIAMS, BRIG. GEN. GARY L. THOMAS WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE AIR FORCE AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE UNITED STATES ARMY TO THE GRADE INDICATED FEBRUARY 26, 2014. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AIR FORCE NOMINATION OF DARVIN E. WINTERS, JR., RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TO BE MAJOR. DEPARTMENT OF COMMERCE To be lieutenant general AIR FORCE NOMINATIONS BEGINNING WITH BRUCE E. STERNKE AND ENDING WITH ELIZABETH M. F. LIBAO, KELLY R. WELSH, OF ILLINOIS, TO BE GENERAL COUN- MAJ. GEN. BENNET S. SACOLICK WHICH NOMINATIONS WERE RECEIVED BY THE SENATE SEL OF THE DEPARTMENT OF COMMERCE.

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