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

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

Vol. 159 WASHINGTON, THURSDAY, DECEMBER 19, 2013 No. 181 House of Representatives The House met at 11 a.m. and was PRAYER blessed with slower pace and lighter called to order by the Speaker pro tem- Reverend Andrew Walton, Capitol workload. pore (Mr. HARRIS). Hill Presbyterian Church, Washington, May the many people of our land for f D.C., offered the following prayer: whom holidays are not so merry or DESIGNATION OF THE SPEAKER In the name, spirit, and way of all bright be comforted in loss, healed in PRO TEMPORE faith traditions of our Nation and sickness, and sustained in their needs world, we pray that the light, peace, through the compassion, generosity, The SPEAKER pro tempore laid be- hope, compassion, and joy of the season and love of fellow brothers and sisters fore the House the following commu- may be ours today. guided by divine spirit. nication from the Speaker: As the Members and staff of this Con- May grace and blessings be upon our WASHINGTON, DC, gress complete their work at hand and Nation and the entire planet as we cel- December 19, 2013. return to communities and families for I hereby appoint the Honorable ANDY HAR- ebrate this season of peace and seek to RIS to act as Speaker pro tempore on this rest, respite, and celebration, may their lives be enriched and renewed. serve and live that same peace each day. and every day. JOHN A. BOEHNER, May those who stay behind to keep the Speaker of the House of Representatives. embers of government aglow also be Amen.

NOTICE If the 113th Congress, 1st Session, adjourns sine die on or before December 24, 2013, a final issue of the Congres- sional Record for the 113th Congress, 1st Session, will be published on Tuesday, December 31, 2013, to permit Members to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Monday, December 30. The final issue will be dated Tuesday, December 31, 2013, and will be delivered on Thursday, January 2, 2014. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster/secretary/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

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

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VerDate Mar 15 2010 01:57 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A19DE7.000 H19DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8120 CONGRESSIONAL RECORD — HOUSE December 19, 2013 THE JOURNAL the Rules of the U.S. House of Representa- cated at 118 South Mill Street, in Fergus tives, the Clerk received the following mes- Falls, Minnesota, as the ‘‘Edward J. Devitt The SPEAKER pro tempore. Pursu- sage from the Secretary of the Senate on De- United States Courthouse and Federal Build- ant to section 6(a) of House Resolution cember 18, 2013 at 11:02 a.m.: ing’’. 438, the Journal of the last day’s pro- That the Senate passed without amend- H.R. 3588. An act to amend the Safe Drink- ceedings is approved. ment H.R. 3588. ing Water Act to exempt fire hydrants from f That the Senate passed without amend- the prohibition on the use of lead pipes, fit- ment H.R. 185. tings, fixtures, solder, and flux. PLEDGE OF ALLEGIANCE That the Senate passed without amend- f The SPEAKER pro tempore. The ment H.R. 2251. Chair will lead the House in the Pledge That the Senate passed S. 1847. A BILL PRESENTED TO THE of Allegiance. That the Senate passed S. 947. PRESIDENT The SPEAKER pro tempore led the With best wishes, I am Sincerely, Karen L. Haas, Clerk of the House, Pledge of Allegiance as follows: KAREN L. HAAS. reported that on December 17, 2013, she I pledge allegiance to the Flag of the presented to the President of the f United States of America, and to the Repub- United States, for his approval, the fol- lic for which it stands, one nation under God, COMMUNICATION FROM THE lowing bill: indivisible, with liberty and justice for all. CLERK OF THE HOUSE H.R. 3458. To treat payments by charitable f The SPEAKER pro tempore laid be- organizations with respect to certain fire- ANNOUNCEMENT BY THE SPEAKER fore the House the following commu- fighters as exempt payments. PRO TEMPORE nication from the Clerk of the House of f The SPEAKER pro tempore. Pursu- Representatives: ADJOURNMENT ant to clause 4 of rule I, the following OFFICE OF THE CLERK, enrolled bill was signed by Speaker pro HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. Pursu- tempore Thornberry on Tuesday, De- Washington, DC, December 17, 2013. ant to section 6(b) of House Resolution cember 17, 2013: Hon. JOHN A. BOEHNER, 438, the House stands adjourned until 10 H.R. 3458, to treat payments by chari- Speaker, U.S. Capitol, House of Representatives, a.m. on Monday, December 23, 2013. table organizations with respect to cer- Washington, DC. Thereupon (at 11 o’clock and 5 min- tain firefighters as exempt payments. DEAR MR. SPEAKER: Pursuant to the per- utes a.m.), under its previous order, the mission granted in Clause 2(h) of rule II of f House adjourned until Monday, Decem- the Rules of the U.S. House of Representa- ber 23, 2013, at 10 a.m. COMMUNICATION FROM THE tives, the Clerk received the following mes- CLERK OF THE HOUSE sage from the Secretary of the Senate on De- f cember 17, 2013 at 12:17 p.m.: The SPEAKER pro tempore laid be- Appointments: EXECUTIVE COMMUNICATIONS, fore the House the following commu- United States–China Economic Security ETC. nication from the Clerk of the House of Review Commission. Under clause 2 of rule XIV, executive Representatives: WITH BEST WISHES, I AM communications were taken from the OFFICE OF THE CLERK, Sincerely, Speaker’s table and referred as follows: HOUSE OF REPRESENTATIVES, KAREN L. HAAS. 4198. A letter from the Acting Under Sec- Washington, DC, December 19, 2013. f retary, Department of Defense, transmitting Hon. JOHN A. BOEHNER, a letter regarding positions related to the re- Speaker, U.S. Capitol, House of Representatives, SENATE BILLS REFERRED scinded 1994 Direct Ground Combat Defini- Washington, DC. Bills of the Senate of the following tion and Assignment Rule; to the Committee DEAR MR. SPEAKER: Pursuant to the per- on Armed Services. mission granted in Clause 2(h) of rule II of titles were taken from the Speaker’s 4199. A letter from the Acting Under Sec- the Rules of the U.S. House of Representa- table and, under the rule, referred as retary, Department of Defense, transmitting tives, the Clerk received the following mes- follows: a letter regarding positions related to the re- sage from the Secretary of the Senate on De- S. 947. An act to ensure access to certain scinded 1994 Direct Ground Combat Defini- cember 19, 2013 at 9:28 a.m.: information for financial services industry tion and Assignment Rule; to the Committee That the Senate passed without amend- regulators, and for other purposes; to the on Armed Services. ment H.R. 1402. 4200. A letter from the Deputy Secretary, Appointments: Committee on Financial Services. Department of Defense, transmitting a letter Dwight D. Eisenhower Memorial Commis- S. 1847. An act to provide for the redesigna- regarding the enforcement of 38 U.S.C. sec- sion. tion of the Asia-Pacific Center for Security Board of Visitors of the U.S. Naval Acad- Studies as the Daniel K. Inouye Asia-Pacific tions 101(3) and 101(31); to the Committee on emy. Center for Security Studies; to the Com- Armed Services. Board of Visitors of the U.S. Military mittee on Armed Services. 4201. A letter from the Counsel, Legal Divi- sion, Bureau of Consumer Financial Protec- Academy. f Board of Visitors of the U.S. Coast Guard tion, transmitting the Bureau’s final rule — Academy. ENROLLED BILLS SIGNED Amendments to the 2013 Mortgage Rules Board of Visitors of the U.S. Air Force Under the Equal Credit Opportunity Act Academy. Karen L. Haas, Clerk of the House, (Regulation B), Real Estate Settlement Pro- Board of Visitors of the U.S. Merchant Ma- reported and found truly enrolled a bill cedures Act (Regulation X), and the Truth in rine Academy. of the House of the following title, Lending Act (Regulation Z) [Docket No.: With best wishes, I am which was thereupon signed by the CFPB-2013-0018] (RIN: 3170-AA37) received Sincerely, Speaker pro tempore, Mr. THORNBERRY, December 11, 2013, pursuant to 5 U.S.C. KAREN L. HAAS. on Tuesday, December 17, 2013: 801(a)(1)(A); to the Committee on Financial f Services. H.R. 3458. An act to treat payments by 4202. A letter from the Assistant General COMMUNICATION FROM THE charitable organizations with respect to cer- Counsel for Legislation, Regulation and En- CLERK OF THE HOUSE tain firefighters as exempt payments. ergy Efficiency, Department of Energy, The SPEAKER pro tempore laid be- Karen L. Haas, Clerk of the House, transmitting the Department’s final rule — further reported and found truly en- Energy Conservation Program: Test Proce- fore the House the following commu- dures for Electric Motors [Docket No.: nication from the Clerk of the House of rolled bills of the House of the following titles, which were thereupon EERE-2012-BT-TP-0043] (RIN: 1904-AC89) re- Representatives: ceived December 17, 2013, pursuant to 5 signed by the Speaker on Wednesday, OFFICE OF THE CLERK, U.S.C. 801(a)(1)(A); to the Committee on En- HOUSE OF REPRESENTATIVES, December 18, 2013: ergy and Commerce. Washington, DC, December 18, 2013. H.R. 185. An act to designate the United 4203. A letter from the Program Manager, Hon. JOHN A. BOEHNER, States courthouse located at 101 East Pecan Department of Health and Human Services, Speaker, U.S. Capitol, House of Representatives, Street in Sherman, Texas, as the ‘‘Paul transmitting the Department’s final rule — Washington, DC. Brown United States Courthouse’’. Patient Protection and Affordable Care Act; DEAR MR. SPEAKER: Pursuant to the per- H.R. 2251. An act to designate the United Maximizing January 1, 2014 Coverage Oppor- mission granted in Clause 2(h) of rule II of States courthouse and Federal building lo- tunities [CMS-9945-IFC] (RIN: RIN-0938-AS17)

VerDate Mar 15 2010 01:57 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K19DE7.002 H19DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 19, 2013 CONGRESSIONAL RECORD — HOUSE H8121 received December 16, 2013, pursuant to 5 port Mission in the Central African Republic; 454; (H. Doc. No. 113—77); to the Committee U.S.C. 801(a)(1)(A); to the Committee on En- to the Committee on Foreign Affairs. on House Administration and ordered to be ergy and Commerce. 4215. A letter from the Secretary, Depart- printed. 4204. A letter from the Secretary, Depart- ment of the Treasury, transmitting as re- 4227. A letter from the Director, Office of ment of Health and Human Services, trans- quired by section 401(c) of the National Sustainable Fisheries, NMFS, National Oce- mitting the first annual report as required Emergencies Act, 50 U.S.C. 1641(c), and sec- anic and Atmospheric Administration, trans- by the FDA Food Safety Moderation Act; to tion 204(c) of the International Emergency mitting the Administration’s final rule — the Committee on Energy and Commerce. Economic Powers Act, 50 U.S.C. 1703(c), a Endangered and Threatened Species; Protec- 4205. A letter from the Director, Regu- six-month periodic report on the national tive Regulations for the Gulf of Maine Dis- latory Management Division, Environmental emergency with respect to Belarus that was tinct Population Segment of Atlantic Stur- Protection Agency, transmitting the Agen- declared in Executive Order 13405 of June 16, geon [Docket No.: 100813359-3908-02] (RIN: cy’s final rule — Flutriafol; Pesticide Toler- 2006; to the Committee on Foreign Affairs. 0648-AY96) received December 12, 2013, pursu- ances [EPA-HQ-OPP-2013-0295; FRL-9902-17] 4216. A letter from the Secretary, Depart- ant to 5 U.S.C. 801(a)(1)(A); to the Committee received December 11, 2013, pursuant to 5 ment of the Interior, transmitting the De- on Natural Resources. U.S.C. 801(a)(1)(A); to the Committee on En- partment’s semiannual report from the of- 4228. A letter from the Acting Deputy Di- ergy and Commerce. fice of the Inspector General for the period rector, Office of Sustainable Fisheries, 4206. A letter from the Director, Regu- April 1, 2013 through September 30, 2013, pur- NMFS, National Oceanic and Atmospheric Administration, transmitting the Adminis- latory Management Division, Environmental suant to 5 U.S.C. app. (Insp. Gen. Act), sec- tration’s final rule — Fisheries of the North- Protection Agency, transmitting the Agen- tion 5(b); to the Committee on Oversight and eastern United States; Monkfish Fisheries cy’s final rule — Prohydrojasmon; Exemp- Government Reform. Management Plan; Reallocation of 2013 tion from the Requirement of a Tolerance 4217. A letter from the Acting Chief Finan- Monkfish Research Set-Aside Days-at-Sea [EPA-HQ-OPP-2012-0832; FRL-9398-1] received cial Officer, Department of Homeland Secu- [Docket No.: 041229366-5088-02] (RIN: 0648- December 11, 2013, pursuant to 5 U.S.C. rity, transmitting the Department’s annual XC884) received December 17, 2013, pursuant 801(a)(1)(A); to the Committee on Energy and financial report for fiscal year 2013; to the to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. Committee on Oversight and Government Natural Resources. 4207. A letter from the Director, Regu- Reform. 4229. A letter from the Federal Liaison Of- latory Management Division, Environmental 4218. A letter from the General Counsel, ficer, Patent and Trademark Office, Depart- Protection Agency, transmitting the Agen- Department of Housing and Urban Develop- ment of Commerce, transmitting the Depart- cy’s final rule — National Priorities List, ment, transmitting a report pursuant to the ment’s final rule — Changes to Implement Final Rule No. 57 [EPA-HQ-SFUND-2008-0574; Federal Vacancies Reform Act of 1998; to the the Patent Law Treaty; Correction [Docket EPA-HQ-SFUND-2012-0069; EPA-HQ-SFUND- Committee on Oversight and Government No.: PTO-P-2013-0007] (RIN: 0651-AC85) re- 2013-0196, 0197, 0198, 0201, 0202, 0203, 0204, and Reform. ceived December 17, 2013, pursuant to 5 0207; FRL-9903-89-OSWER] received Decem- 4219. A letter from the General Counsel, U.S.C. 801(a)(1)(A); to the Committee on the ber 11, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); Department of Housing and Urban Develop- Judiciary. to the Committee on Energy and Commerce. ment, transmitting a report pursuant to the 4230. A letter from the Attorney General, 4208. A letter from the Director, Regu- Federal Vacancies Reform Act of 1998; to the Department of Justice, transmitting the De- latory Management Division, Environmental Committee on Oversight and Government partment’s decision not to contest liability Protection Agency, transmitting the Agen- Reform. in Barker et al. v. United States, No. 12-826C cy’s final rule — Standards of Performance 4220. A letter from the Secretary, Depart- (CFC); to the Committee on the Judiciary. for Petroleum Refineries for Which Con- ment of Labor, transmitting the Depart- 4231. A letter from the Attorney Advisor, struction, Reconstruction, or Modification ment’s Fiscal Year 2013 Agency Financial Department of Homeland Security, transmit- Commenced After May 14, 2007 [EPA-HQ- Report; to the Committee on Oversight and ting the Department’s final rule — Anchor- OAR-2007-0011; FRL-9904-06-OAR] (RIN: 2060- Government Reform. age Regulations: Pacific Ocean at San Nico- AS03) received December 11, 2013, pursuant 4221. A letter from the Secretary, Depart- las Island, Calif.; Restricted Anchorage to 5 U.S.C. 801(a)(1)(A); to the Committee on ment of the Treasury, transmitting the De- Areas [Docket No.: USCG-2012-0967] (RIN: Energy and Commerce. partment’s semiannual reports from the 1625-AA01) received December 13, 2013, pursu- 4209. A letter from the Director, Defense Treasury Inspector General and the Treasury ant to 5 U.S.C. 801(a)(1)(A); to the Committee Security Cooperation Agency, transmitting Inspector General for Tax Administration; to on Transportation and Infrastructure. a notice of a proposed lease with the Govern- the Committee on Oversight and Govern- 4232. A letter from the Attorney Advisor, ment of the United Arab Emirates (Trans- ment Reform. Department of Homeland Security, transmit- mittal No. 01-14) pursuant to Section 62(a) of 4222. A letter from the Chief Operating Of- ting the Department’s final rule — Safety the Arms Export Control Act; to the Com- fice/Acting Executive Director, Election As- Zone; Google’s Night at Sea Fireworks Dis- mittee on Foreign Affairs. sistance Commission, transmitting Semi- play, San Francisco Bay, Alameda, CA 4210. A letter from the Assistant Secretary, annual Report of the Inspector General for [Docket No.: USCG-2013-0902] (RIN: 1625- Department of Defense, transmitting a letter the period April 1, 2013 through September AA00) received December 13, 2013, pursuant regarding U.S.-origin munitions remaining 30, 2013; to the Committee on Oversight and to 5 U.S.C. 801(a)(1)(A); to the Committee on from testing during World War II; to the Government Reform. Transportation and Infrastructure. 4233. A letter from the Attorney Advisor, Committee on Foreign Affairs. 4223. A letter from the Chairman, Farm 4211. A letter from the Assistant Secretary, Credit System Insurance Corporation, trans- Department of Homeland Security, transmitting the Department’s final rule — Draw- Department of Defense, transmitting a letter mitting the Corporation’s consolidated re- bridge Operation Regulation; Albermarle regarding U.S.-origin munitions remaining port addressing the Federal Managers’ Fi- Sound to Sunset Beach, Atlantic Intra- from testing during World War II; to the nancial Integrity Act and the Inspector Gen- coastal Waterway (AICW), Wrightsville Committee on Foreign Affairs. eral Act Amendments of 1978, pursuant to 5 Beach, NC [Docket No.: USCG-2013-0857] re- 4212. A letter from the Assistant Secretary, U.S.C. app. (Insp. Gen. Act), section 5(b); to ceived December 13, 2013, pursuant to 5 Legislative Affairs, Department of State, the Committee on Oversight and Govern- U.S.C. 801(a)(1)(A); to the Committee on transmitting a six-month periodic report on ment Reform. Transportation and Infrastructure. the national emergency with respect to the 4224. A letter from the Deputy Director, 4234. A letter from the Attorney Advisor, proliferation of weapons of mass destruction Congressional Affairs, Federal Election Com- Department of Homeland Security, transmit- that was declared in Executive Order 12938 of mission, transmitting the Commission’s ting the Department’s final rule — Draw- November 14, 1994, and continued by the semiannual report from the office of the In- bridge Operation Regulation; Back Bay of President each year, most recently on No- spector General for the period April 1, 2013 Biloxi, between Biloxi and D’Iberville, MS vember 7, 2013; to the Committee on Foreign through September 30, 2013; to the Com- [Docket No.: USCG-2013-0852] received De- Affairs. mittee on Oversight and Government Re- cember 13, 2013, pursuant to 5 U.S.C. 4213. A letter from the Assistant Legal Ad- form. 801(a)(1)(A); to the Committee on Transpor- viser for Treaty Affairs, Department of 4225. A letter from the Director, Office of tation and Infrastructure. State, transmitting a report prepared by the Personnel Management, transmitting the Of- 4235. A letter from the Attorney Advisor, Department of State concerning inter- fice’s final rule — Electronic Retirement Department of Homeland Security, transmit- national agreements other than treaties en- Processing (RIN: 3206-AM45) received Decem- ting the Department’s final rule — Draw- tered into by the United States to be trans- ber 2, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); bridge Operation Regulation; Atlantic Intra- mitted to the Congress within the sixty-day to the Committee on Oversight and Govern- coastal Waterway (AICW), Albermarle and period specified in the Case-Zablocki Act; to ment Reform. Chesapeake Canal, Chesapeake, VA [Docket the Committee on Foreign Affairs. 4226. A letter from the Chief Administra- No.: USCG-2013-0900] received December 13, 4214. A letter from the Assistant Secretary, tive Officer, transmitting the quarterly re- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Legislative Affairs, Department of State, port of receipts and expenditures of appro- Committee on Transportation and Infra- transmitting a Memorandum of Justification priations and other funds for the period Oc- structure. for a Drawdown under section 506(a)(1) of the tober 1, 2013 through December 31, 2013 as 4236. A letter from the Attorney Advisor, Foreign Assistance Act of 1961, as amended compiled by the Chief Administrative Offi- Department of Homeland Security, transmit- to the African Union-Led International Sup- cer, pursuant to 2 U.S.C. 104a Public Law 88- ting the Department’s final rule — Safety

VerDate Mar 15 2010 01:57 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\L19DE7.000 H19DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8122 CONGRESSIONAL RECORD — HOUSE December 19, 2013 Zone, Seaworld Fireworks; Mission Bay, San cember 16, 2013, pursuant to 5 U.S.C. CE-034-AD; Amendment 39-17663; AD 2013-23- Diego, CA [Docket No.: USCG-2013-0887] 801(a)(1)(A); to the Committee on Transpor- 08] (RIN: 2120-AA64) received December 16, (RIN: 1625-AA00) received December 13, 2013, tation and Infrastructure. 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4246. A letter from the Paralegal Spe- Committee on Transportation and Infra- mittee on Transportation and Infrastruc- cialist, Department of Transportation, trans- structure. ture. mitting the Department’s final rule — IFR 4255. A letter from the Paralegal Spe- 4237. A letter from the Attorney Advisor, Altitudes; Miscellaneous Amendments cialist, Department of Transportation, trans- Department of Homeland Security, transmit- [Docket No.: 03931; Amdt. No. 510] received mitting the Department’s final rule — Air- ting the Department’s final rule — Safety December 16, 2013, pursuant to 5 U.S.C. worthiness Directives; The Boeing Company Zone; HITS Triathlon Series; Colorado River; 801(a)(1)(A); to the Committee on Transpor- Airplanes [Docket No.: FAA-2013-0871; Direc- Lake Havasu, AZ [Docket No.: USCG-2013- tation and Infrastructure. torate Identifier 2013-NM-187-AD; Amend- 0855] (RIN: 1625-AA00) received December 13, 4247. A letter from the Paralegal Spe- ment 39-17658; AD 2013-23-03] (RIN: 2120-AA64) 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the cialist, Department of Transportation, trans- received December 16, 2013, pursuant to 5 Committee on Transportation and Infra- mitting the Department’s final rule — Estab- U.S.C. 801(a)(1)(A); to the Committee on structure. lishment of Class E Airspace; Battle Moun- Transportation and Infrastructure. 4238. A letter from the Attorney Advisor, tain, NV [Docket FAA No.: FAA-2013-0530; 4256. A letter from the Paralegal Spe- Department of Homeland Security, transmit- Airspace Docket No.: 13-AWP-9] received De- cialist, Department of Transportation, trans- ting the Department’s final rule — Safety cember 16, 2013, pursuant to 5 U.S.C. mitting the Department’s final rule — Air- Zones; Recurring Events in Captain of the 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; DASSAULT AVIA- TION Airplanes [Docket No.: FAA-2013-0626; Port Boston Zone [Docket No.: USCG-2013- tation and Infrastructure. Directorate Identifier 2012-NM-180-AD; 0060] (RIN: 1625-AA00) received December 13, 4248. A letter from the Paralegal Spe- Amendment 39-17642; AD 2013-22-10] (RIN: 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the cialist, Department of Transportation, trans- 2120-AA64) received December 16, 2013, pursu- Committee on Transportation and Infra- mitting the Department’s final rule — ant to 5 U.S.C. 801(a)(1)(A); to the Committee Standard Instrument Approach Procedures, structure. on Transportation and Infrastructure. 4239. A letter from the Attorney Advisor, and Takeoff Minimums and Obstacle Depar- 4257. A letter from the Paralegal Spe- Department of Homeland Security, transmit- ture Procedures; Miscellaneous Amendments cialist, Department of Transportation, trans- ting the Department’s final rule — Safety [Docket No.: 30928; Amdt. No. 3563] received mitting the Department’s final rule — Air- Zone; Vessel Removal from the Oakland Es- December 16, 2013, pursuant to 5 U.S.C. worthiness Directives; Airbus Airplanes tuary, Alameda, CA [Docket No.: USCG-2013- 801(a)(1)(A); to the Committee on Transpor- [Docket No.: FAA-2013-0212; Directorate 0914] (RIN: 1625-AA00) received December 13, tation and Infrastructure. Identifier 2012-NM-116-AD; Amendment 39- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the 4249. A letter from the Paralegal Spe- 17509; AD 2013-14-04] (RIN: 2120-AA64) received Committee on Transportation and Infra- cialist, Department of Transportation, trans- December 16, 2013, pursuant to 5 U.S.C. structure. mitting the Department’s final rule — 801(a)(1)(A); to the Committee on Transpor- 4240. A letter from the Attorney Advisor, Standard Instrument Approach Procedures, tation and Infrastructure. Department of Homeland Security, transmit- and Takeoff Minimums and Obstacle Depar- 4258. A letter from the Paralegal Spe- ting the Department’s final rule — Safety ture Procedures; Miscellaneous Amendments cialist, Department of Transportation, trans- Zones; Pacific Northwest Grain Handlers As- [Docket No.: 30927; Amdt. No. 3562] received mitting the Department’s final rule — Air- sociation Facilities; Columbia and Willam- December 16, 2013, pursuant to 5 U.S.C. worthiness Directives; Airbus Airplanes ette Rivers [Docket Number: USCG-2013-0011] 801(a)(1)(A); to the Committee on Transpor- [Docket No.: FAA-2013-0329; Directorate (RIN: 1625-AA00) received December 13, 2013, tation and Infrastructure. Identifier 2012-NM-032-AD; Amendment 39- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4250. A letter from the Paralegal Spe- 17596; AD 2013-19-14] (RIN: 2120-AA64) received mittee on Transportation and Infrastruc- cialist, Department of Transportation, trans- December 16, 2013, pursuant to 5 U.S.C. ture. mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- 4241. A letter from the Attorney Advisor, worthiness Directives; Turbomeca S.A. Tur- tation and Infrastructure. Department of Homeland Security, transmit- boshaft Engines [Docket No.: FAA-2012-0940; 4259. A letter from the Paralegal Spe- ting the Department’s final rule — Regu- Directorate Identifier 2012-NE-26-AD; cialist, Department of Transportation, translated Navigation Area; Upper Mississippi Amendment 39-17654; AD 2012-22-22] (RIN: mitting the Department’s final rule — Air- River between mile 0.0 and 109.9; Cairo, IL to 2120-AA64) received December 16, 2013, pursu- worthiness Directives; AERMACCHI S.p.A. Chester, IL [Docket Number: USCG-2013-0907] ant to 5 U.S.C. 801(a)(1)(A); to the Committee Airplanes [Docket No.: FAA-2013-0939; Direc- (RIN: 1625-AA11) received December 13, 2013, on Transportation and Infrastructure. torate Identifier 2013-CE-043-AD; Amendment pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4251. A letter from the Paralegal Spe- 39-17655; AD 2013-22-23] (RIN: 2120-AA64) re- mittee on Transportation and Infrastruc- cialist, Department of Transportation, trans- ceived December 16, 2013, pursuant to 5 ture. mitting the Department’s final rule — Air- U.S.C. 801(a)(1)(A); to the Committee on 4242. A letter from the Attorney Advisor, worthiness Directives; The Boeing Company Transportation and Infrastructure. Department of Homeland Security, transmit- Airplanes [Docket No.: FAA-2012-0426; Direc- 4260. A letter from the Paralegal Spe- ting the Department’s final rule — Imple- torate Identifier 2011-NM-087-AD; Amend- cialist, Department of Transportation, trans- mentation of the Amendments to the Inter- ment 39-17659; AD 2013-23-04] (RIN: 2120-AA64) mitting the Department’s final rule — Air- national Convention on Standards of Train- received December 16, 2013, pursuant to 5 worthiness Directives; Airbus Airplanes ing, Certification and Watchkeeping for Sea- U.S.C. 801(a)(1)(A); to the Committee on [Docket No.: FAA-2013-0418; Directorate farers, 1978, and Changes to National En- Transportation and Infrastructure. Identifier 2012-NM-200-AD; Amendment 39- 17668; AD 2013-23-13] (RIN: 2120-AA64) received dorsements [Docket No.: USCG-2004-17914] 4252. A letter from the Paralegal Spe- December 16, 2013, pursuant to 5 U.S.C. (RIN: 1625-AA16) received December 13, 2013, cialist, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- tation and Infrastructure. worthiness Directives; Fokker Services B.V. mittee on Transportation and Infrastruc- 4261. A letter from the Paralegal Spe- ture. Model [Docket No.: FAA-2013-0630; Direc- cialist, Department of Transportation, trans- 4243. A letter from the Attorney Advisor, torate Identifier 2012-NM-213-AD; Amend- mitting the Department’s final rule — Air- Department of Homeland Security, transmit- ment 39-17660; AD 2013-23-05] (RIN: 2120-AA64) worthiness Directives; Eurocopter France ting the Department’s final rule — Draw- received December 16, 2013, pursuant to 5 Helicopters [Docket No.: FAA-2013-0523; Di- bridge Operation Regulation; Passaic River, U.S.C. 801(a)(1)(A); to the Committee on rectorate Identifier 2012-SW-091-AD; Amend- Kearney and Newark, NJ [Docket No.: Transportation and Infrastructure. ment 39-17664; AD 2013-23-09] (RIN: 2120-AA64) USCG-2013-0638] (RIN: 1625-AA09) received 4253. A letter from the Paralegal Spe- received December 16, 2013, pursuant to 5 December 13, 2013, pursuant to 5 U.S.C. cialist, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- Transportation and Infrastructure. tation and Infrastructure. worthiness Directives; EADS CASA (Type 4262. A letter from the Paralegal Spe- 4244. A letter from the Attorney Advisor, Certificate Previously Held by cialist, Department of Transportation, trans- Department of Homeland Security, transmit- Construcciones Aeronauticas, S.A.) Air- mitting the Department’s final rule — Air- ting the Department’s final rule — TWIC Not planes [Docket No.: FAA-2013-0870; Direc- worthiness Directives; Erickson Air-Crane Evidence of Resident Alien Status [Docket torate Identifier 2013-NM-166-AD; Amend- Incorporated Helicopters (Type Certificate No.: USCG-2013-0916] (RIN: 1625-AC09) re- ment 39-17657; AD 2013-23-02] (RIN: 2120-AA64) previously held by Sikorsky Aircraft Cor- ceived December 13, 2013, pursuant to 5 received December 16, 2013, pursuant to 5 poration) [Docket No.: FAA-2013-0556; Direc- U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on torate Identifier 2007-SW-30-AD; Amendment Transportation and Infrastructure. Transportation and Infrastructure. 39-17662; AD 2013-23-07] (RIN: 2120-AA64) re- 4245. A letter from the Deputy Assistant 4254. A letter from the Paralegal Spe- ceived December 16, 2013, pursuant to 5 Chief Counsel for Safety, Department of cialist, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on Transportation, transmitting the Depart- mitting the Department’s final rule — Air- Transportation and Infrastructure. ment’s final rule — Passenger Train Emer- worthiness Directives; AQUILA — Aviation 4263. A letter from the Paralegal Spe- gency Systems II [Docket No.: FRA-2009-0119, by Excellence AG Airplanes [Docket No.: cialist, Department of Transportation, trans- Notice No. 2] (RIN: 2130-AC22) received De- FAA-2013-0963; Directorate Identifier 2013- mitting the Department’s final rule —

VerDate Mar 15 2010 01:57 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\L19DE7.000 H19DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 19, 2013 CONGRESSIONAL RECORD — HOUSE H8123 Standard Instrument Approach Procedures, mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- and Takeoff Minimums and Obstacle Depar- worthiness Directives; The Boeing Company worthiness Directives; Gulfstream Aerospace ture Procedures; Miscellaneous Amendments Airplanes [Docket No.: FAA-2013-0461; Direc- Corporation Airplanes [Docket No.: FAA- [Docket No.: 30929; Amdt. No. 3564] received torate Indentifier 2012-NM-169-AD; Amend- 2012-1313; Directorate Identifier 2012-NM-080- December 16, 2013, pursuant to 5 U.S.C. ment 39-17670; AD 2013-23-15] (RIN: 2120-AA64) AD; Amendment 39-17651; AD 2013-22-19] (RIN: 801(a)(1)(A); to the Committee on Transpor- received December 16, 2013, pursuant to 5 2120-AA64) received December 16, 2013, pursu- tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee 4264. A letter from the Paralegal Spe- Transportation and Infrastructure. on Transportation and Infrastructure. cialist, Department of Transportation, trans- 4273. A letter from the Paralegal Spe- 4282. A letter from the Paralegal Spe- mitting the Department’s final rule — cialist, Department of Transportation, trans- cialist, Department of Transportation, trans- Standard Instrument Approach Procedures, mitting the Department’s final rule — mitting the Department’s final rule — Air- and Takeoff Minimums and Obstacle Depar- Amendment of VOR Federal Airway V-45, worthiness Directives; Diamond Aircraft In- ture Procedures; Miscellaneous Amendments North Carolina [Docket No. FAA-2013-0991; dustries GmbH Airplanes [Docket No.: FAA- [Docket No.: 30930; Amdt. No. 3565] received Airspace Docket No. 13-ASO-4] (RIN: 2120- 2013-0812; Directorate Identifier 2013-CE-023- December 16, 2013, pursuant to 5 U.S.C. AA66) received December 16, 2013, pursuant AD; Amendment 39-17689; AD 2013-24-14] (RIN: 801(a)(1)(A); to the Committee on Transpor- to 5 U.S.C. 801(a)(1)(A); to the Committee on 2120-AA64) received December 16, 2013, pursu- tation and Infrastructure. Transportation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 4265. A letter from the Paralegal Spe- 4274. A letter from the Paralegal Spe- on Transportation and Infrastructure. cialist, Department of Transportation, trans- cialist, Department of Transportation, trans- 4283. A letter from the Paralegal Spe- mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- cialist, Department of Transportation, trans- worthiness Directives; The Boeing Company worthiness Directives; The Boeing Company mitting the Department’s final rule — Estab- Airplanes [Docket No.: FAA-2012-1069; Direc- Airplanes [Docket No.: FAA-2013-0693; Direc- lishment of Class D Airspace and Class E torate Identifier 2012-NM-044-AD; Amend- torate Identifier 2013-NM-059-AD; Amend- Airspace; Laguna AAF, AZ [Docket No.: ment 39-17692; AD 2013-24-15] (RIN: 2120-AA64) ment 39-17661; AD 2013-23-06] (RIN: 2120-AA64) FAA-2013-0659; Airspace Docket No. 13-AWP- received December 16, 2013, pursuant to 5 received December 16, 2013, pursuant to 5 12] received December 16, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. Transportation and Infrastructure. Transportation and Infrastructure. 4266. A letter from the Paralegal Spe- 4275. A letter from the Paralegal Spe- 4284. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- cialist, Department of Transportation, trans- cialist, Department of Transportation, transmitting the Department’s final rule — Air- mitting the Department’s final rule — mitting the Department’s final rule — Estab- worthiness Directives; XtremeAir GmbH Air- Amendment of VOR Federal Airway V-374, lishment of Class E Airspace; Umatilla, FL planes [Docket No.: FAA-2013-0998; Direc- Northeastern United States [Docket No.: [Docket No.: FAA-2013-0002; Airspace Docket torate Identifier 2013-CE-047-AD; Amendment FAA-2013-0989; Airspace Docket No. 13-AEA- No. 12-ASO-46] received December 16, 2013, 39-17674; AD 2013-23-19] (RIN: 2120-AA64) re- 17] (RIN: 2120-AA66) received December 16, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived December 16, 2013, pursuant to 5 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Transportation and Infrastruc- U.S.C. 801(a)(1)(A); to the Committee on Committee on Transportation and Infra- ture. 4285. A letter from the Paralegal Spe- Transportation and Infrastructure. structure. 4267. A letter from the Paralegal Spe- 4276. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- cialist, Department of Transportation, trans- cialist, Department of Transportation, transmitting the Department’s final rule — Estab- mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- lishment of Class E Airspace; McConnellsburg, PA [Docket No.: FAA-2013- worthiness Directives; Rolls-Royce Deutsch- worthiness Directives; Eurocopter France 0558; Airspace Docket No. 13-AEA-10] re- land Ltd & Co KG Turbofan Engines [Docket Helicopters [Docket No.: FAA-2013-0354; Di- ceived December 16, 2013, pursuant to 5 No.: FAA-2013-0397; Directorate Identifier rectorate Identifier 2011-SW-072-AD; Amend- U.S.C. 801(a)(1)(A); to the Committee on 2013-NE-15-AD; Amendment 39-17656; AD 2013- ment 39-17665; AD 2013-23-10] (RIN: 2120-AA64) Transportation and Infrastructure. 23-01] (RIN: 2120-AA64) received December 16, received December 16, 2013, pursuant to 5 4286. A letter from the Paralegal Spe- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on cialist, Department of Transportation, trans- Committee on Transportation and Infra- Transportation and Infrastructure. mitting the Department’s final rule — Air- 4277. A letter from the Paralegal Spe- structure. worthiness Directives; The Boeing Company 4268. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- Airplanes [Docket No.: FAA-2013-0420; Direc- cialist, Department of Transportation, transmitting the Department’s final rule — Air- torate Identifier 2011-NM-241-AD; Amend- mitting the Department’s final rule — Air- worthiness Directives; The Boeing Company ment 39-17685; AD 2013-24-11] (RIN: 2120-AA64) worthiness Directives; Eurocopter France Airplanes [Docket No.: FAA-2013-0673; Direc- received December 18, 2013, pursuant to 5 Helicopters [Docket No.: FAA-2013-0487; Di- torate Identifier 2013-NM-057-AD; Amend- U.S.C. 801(a)(1)(A); to the Committee on rectorate Identifier 2010-SW-056-AD; Amend- ment 39-17681; AD 2013-24-07] (RIN: 2120-AA64) Transportation and Infrastructure. ment 39-17666; AD 2013-23-11] (RIN: 2120-AA64) received December 16, 2013, pursuant to 5 4287. A letter from the Paralegal Spe- received December 16, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on cialist, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. mitting the Department’s final rule — Estab- Transportation and Infrastructure. 4278. A letter from the Paralegal Spe- lishment of Class E Airspace; Aliceville, AL 4269. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- [Docket No.: FAA-2013-0431; Airspace Docket cialist, Department of Transportation, transmitting the Department’s final rule — Air- No. 13-ASO-7] received December 16, 2013, mitting the Department’s final rule — Air- worthiness Directives; The Boeing Company pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; AQUILA-Aviation by Airplanes [Docket No.: FAA-2012-1229; Direc- mittee on Transportation and Infrastruc- Excellence AG Airplanes [Docket No.: FAA- torate Identifier 2012-NM-135-AD; Amend- ture. 2013-0963; Directorate Identifier 2013-CE-034- ment 39-17684; AD 2013-24-10] (RIN: 2120-AA64) 4288. A letter from the Paralegal Spe- AD; Amendment 39-17663; AD 2013-23-08] (RIN: received December 16, 2013, pursuant to 5 cialist, Department of Transportation, trans- 2120-AA64) received December 16, 2013, pursu- U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule — Estab- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Transportation and Infrastructure. lishment of Class E Airspace; Star, NC on Transportation and Infrastructure. 4279. A letter from the Paralegal Spe- [Docket No.: FAA-2013-0440; Airspace Docket 4270. A letter from the Attorney Advisor, cialist, Department of Transportation, trans- No. 13-ASO-10] received December 16, 2013, Department of Transportation, transmitting mitting the Department’s final rule — Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule — Reorganiza- worthiness Directives; General Electric Com- mittee on Transportation and Infrastruc- tion of Sector Baltimore and Hampton pany Turbofan Engines [Docket No.: FAA- ture. Roads; Conforming Amendments [Docket 2013-0499; Directorate Identifier 2013-NE-20- 4289. A letter from the Paralegal Spe- No.: USCG-2013-0251] (RIN: 1625-ZA32) re- AD; Amendment 39-17673; AD 2013-23-18] (RIN: cialist, Department of Transportation, trans- ceived December 13, 2013, pursuant to 5 2120-AA64) received December 16, 2013, pursu- mitting the Department’s final rule — Estab- U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee lishment of Class E Airspace; Magee, MS Transportation and Infrastructure. on Transportation and Infrastructure. [Docket No.: FAA-2013-0430; Airspace Docket 4271. A letter from the Paralegal Spe- 4280. A letter from the Paralegal Spe- No. 13-ASO-8] received December 16, 2013, cialist, Department of Transportation, trans- cialist, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- worthiness Directives; The Boeing Company worthiness Directives; General Electric Com- ture. Airplanes [Docket No.: FAA-2013-0334; Direc- pany Turbofan Engines [Docket No.: FAA- 4290. A letter from the Paralegal Spe- torate Identifier 2013-NM-027-AD; Amend- 2013-0475; Directorate Identifier 2013-NE-18- cialist, Department of Transportation, trans- ment 39-17671; AD 2013-23-16] (RIN: 2120-AA64) AD; Amendment 39-17669; AD 2013-23-14] (RIN: mitting the Department’s final rule — received December 16, 2013, pursuant to 5 2120-AA64) received December 16, 2013, pursu- Amendment of Class D and E Airspace, and U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee Establishment of Class E Airspace; Salis- Transportation and Infrastructure. on Transportation and Infrastructure. bury, MD. [Docket No.: FAA-2013-0449; Air- 4272. A letter from the Paralegal Spe- 4281. A letter from the Paralegal Spe- space Docket No. 13-AEA-8] received Decem- cialist, Department of Transportation, trans- cialist, Department of Transportation, trans- ber 16, 2013, pursuant to 5 U.S.C. 801(a)(1)(A);

VerDate Mar 15 2010 01:57 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\L19DE7.000 H19DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8124 CONGRESSIONAL RECORD — HOUSE December 19, 2013 to the Committee on Transportation and In- 4300. A letter from the Paralegal Spe- U.S.C. 801(a)(1)(A); to the Committee on frastructure. cialist, Department of Transportation, trans- Ways and Means. 4291. A letter from the Paralegal Spe- mitting the Department’s final rule — Air- 4311. A letter from the Chief, Publications cialist, Department of Transportation, trans- worthiness Directives; Rolls-Royce plc Tur- and Regulations Branch, Internal Revenue mitting the Department’s final rule — bofan Engines [Docket No.: FAA-2013-0750; Service, transmitting the Service’s final rule Amendment of Class E Airspace; Danville, Directorate Identifier 2013- NE-25-AD; — Update for Weighted Average Interest VA [Docket No.: FAA-2013-0469; Airspace Amendment 39-17672; AD 2013-23-17] (RIN: Rates, Yield Curves, and Segment Rates [No- Docket No. 13-AEA-9] received December 16, 2120-AA64) received December 16, 2013, pursu- tice 2013-85] received December 18, 2013, pur- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Transportation and Infra- on Transportation and Infrastructure. mittee on Ways and Means. structure. 4301. A letter from the Paralegal Spe- 4312. A letter from the Chief, Publications 4292. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- and Regulations, Internal Revenue Service, cialist, Department of Transportation, transmitting the Department’s final rule — Air- transmitting the Service’s final rule — Ad- mitting the Department’s final rule — worthiness Directives; Thielert Aircraft En- ministrative, Procedural, and Miscellaneous Amendment of Class E Airspace; Olean, NY gines GmbH Reciprocating Engines [Docket (Rev. Proc. 2013-39) received December 18, [Docket No.: FAA-2013-0681; Airspace Docket No.: FAA-2013-0561; Directorate Identifier 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the No. 13-AEA-15] received December 16, 2013, 2013-NE-23-AD; Amendment 39-17680; AD 2013- Committee on Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 24-06] (RIN: 2120-AA64) received December 16, 4313. A letter from the Assistant Secretary, mittee on Transportation and Infrastruc- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Legislative Affairs, Department of the ture. Committee on Transportation and Infra- Treasury, transmitting a report concerning 4293. A letter from the Paralegal Spe- structure. the operations and status of the Government cialist, Department of Transportation, trans- 4302. A letter from the Assistant Secretary Securities Investment Fund (G-Fund) of the mitting the Department’s final rule — Air- of the Army, Civil Works, Department of De- Federal Employees Retirement System dur- worthiness Directives; Rolls-Royce plc Tur- fense, transmitting MRGO Ecosystems Res- bofan Engines [Docket No.: FAA-2013-0029; ing the debt issuance suspension period, pur- toration Plan Feasibility Study; (H. Doc. No. suant to 5 U.S.C. 8348l(1); jointly to the Com- Directorate Identifier 2013-NE-01-AD; 113—78); to the Committee on Transportation Amendment 39-17599; AD 2013-19-17] (RIN: mittees on Ways and Means and Oversight and Infrastructure and ordered to be printed. and Government Reform. 2120-AA64) received December 17, 2013, pursu- 4303. A letter from the Director of Regula- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tion Policy and Management, Office of the f on Transportation and Infrastructure. General Counsel, Department of Veterans Af- 4294. A letter from the Paralegal Spe- REPORTS OF COMMITTEES ON fairs, transmitting the Department’s final cialist, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS rule — Authorization for Non-VA Medical mitting the Department’s final rule — Services (RIN: 2900-AO46) received December Under clause 2 of rule XIII, reports of Amendment of Class E Airspace; Tazewell, 9, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to committees were delivered to the Clerk TN [Docket No.: FAA-2013-0513; Airspace Docket No. 13-ASO-13] received December 16, the Committee on Veterans’ Affairs. for printing and reference to the proper 4304. A letter from the Deputy Director, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the calendar, as follows: Regulation Policy Management, Office of the Committee on Transportation and Infra- Mr. SHUSTER: Committee on Transpor- General Counsel, Department of Veterans Af- structure. tation and Infrastructure. H.R. 3628. A bill to fairs, transmitting the Department’s final 4295. A letter from the Paralegal Spe- eliminate certain unnecessary reporting re- rule — Secondary Service Connection for cialist, Department of Transportation, trans- quirements and consolidate or modify oth- Diagnosable Illnesses Associated With Trau- mitting the Department’s final rule — Air- ers, and for other purposes (Rept. 113–299). matic Brain Injury (RIN: 2900-AN89) received worthiness Directives; The Boeing Company Referred to the Committee of the Whole December 17, 2013, pursuant to 5 U.S.C. Airplanes [Docket No.: FAA-2013-0976; Direc- House on the state of the Union. 801(a)(1)(A); to the Committee on Veterans’ torate Identifier 2013-NM-198-AD; Amend- Mr. MILLER of Florida: Committee on Affairs. ment 39-17686; AD 2013-24-12] (RIN: 2120-AA64) Veterans’ Affairs. First Annual Report of the 4305. A letter from the Secretary, Depart- received December 16, 2013, pursuant to 5 Activities of the Committee on Veterans’ Af- ment of Health and Human Services, trans- U.S.C. 801(a)(1)(A); to the Committee on fairs During the One Hundred Thirteenth mitting the tenth annual report on the Tem- Transportation and Infrastructure. Congress (Rept. 113–300). Referred to the porary Assistance for Needy Families 4296. A letter from the Paralegal Spe- Committee of the Whole House on the state (TANF) program; to the Committee on Ways cialist, Department of Transportation, trans- of the Union. mitting the Department’s final rule — Air- and Means. worthiness Directives; Bombardier, Inc. Air- 4306. A letter from the Chief, Trade and f Comm’l Regulations Branch, Department of planes [Docket No.: FAA-2013-0700; Direc- PUBLIC BILLS AND RESOLUTIONS torate Identifier 2013-NM-102-AD; Amend- Homeland Security, transmitting the De- ment 39-17676; AD 2013-24-02] (RIN: 2120-AA64) partment’s final rule — Members of a Family Under clause 2 of rule XII, public received December 16, 2013, pursuant to 5 for Purpose of Filing CBP Family Declara- bills and resolutions of the following U.S.C. 801(a)(1)(A); to the Committee on tion [CBP Dec. 13-19] [USCBP-2012-0008] (RIN: titles were introduced and severally re- Transportation and Infrastructure. 1515-AD76) received December 16, 2013, pursu- ferred, as follows: 4297. A letter from the Paralegal Spe- ant to 5 U.S.C. 801(a)(1)(A); to the Committee cialist, Department of Transportation, trans- on Ways and Means. By Mr. LANKFORD: mitting the Department’s final rule — Air- 4307. A letter from the Chief, Publications H.R. 3787. A bill to repeal of annual adjust- worthiness Directives; Airbus Airplanes and Regulations Branch, Internal Revenue ment of retired pay and retainer pay [Docket No.: FAA-2013-0698; Directorate Service, transmitting the Service’s final rule amounts for retired members of the Armed Identifier 2012-NM-136-AD; Amendment 39- — 2014 Standard Mileage Rates [Notice 2013- Forces under age 62, and for other purposes; 17682; AD 2013-24-08] (RIN: 2120-AA64) received 08] received December 17, 2013, pursuant to 5 to the Committee on Armed Services, and in December 16, 2013, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on addition to the Committees on Veterans’ Af- 801(a)(1)(A); to the Committee on Transpor- Ways and Means. fairs, House Administration, and Oversight tation and Infrastructure. 4308. A letter from the Chief, Publications and Government Reform, for a period to be 4298. A letter from the Paralegal Spe- and Regulations, Internal Revenue Service, subsequently determined by the Speaker, in cialist, Department of Transportation, trans- transmitting the Service’s final rule — Sec- each case for consideration of such provi- mitting the Department’s final rule — Air- tion 3504 Agent Employment Tax Liability sions as fall within the jurisdiction of the worthiness Directives; Airbus Airplanes [TD 9649] (RIN: 1545-BI21) received December committee concerned. [Docket No.: FAA-2013-0096; Directorate 17, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to By Mr. FITZPATRICK (for himself, Mr. Identifier 2012-NM-143-AD; Amendment 39- the Committee on Ways and Means. BROOKS of Alabama, Mr. WESTMORE- 17566; AD 2013-17-02] (RIN: 2120-AA64) received 4309. A letter from the Chief, Publications LAND, Mr. BENISHEK, Mr. DAINES, Mr. December 16, 2013, pursuant to 5 U.S.C. and Regulations Branch, Internal Revenue HALL, Mr. ISSA, Mr. ADERHOLT, Mr. 801(a)(1)(A); to the Committee on Transpor- Service, transmitting the Service’s final rule YOHO, Mr. WILSON of South Carolina, tation and Infrastructure. — In-Plan Rollovers to Designated Roth Ac- Mr. RODNEY DAVIS of Illinois, Mr. 4299. A letter from the Paralegal Spe- counts in Retirement Plans [Notice 2013-74] HUDSON, Mr. COTTON, Mr. RICE of cialist, Department of Transportation, trans- received December 18, 2013, pursuant to 5 South Carolina, Mr. BILIRAKIS, Mr. mitting the Department’s final rule — Air- U.S.C. 801(a)(1)(A); to the Committee on JOHNSON of Ohio, Mr. HUIZENGA of worthiness Directives; Rolls-Royce plc Tur- Ways and Means. Michigan, Mr. LANCE, Mr. MCCAUL, bofan Engines [Docket No.: FAA-2013-0880; 4310. A letter from the Chief, Publications Mr. BARLETTA, Mr. ROTHFUS, Mr. Directorate Identifier 2013-NE-28-AD; and Regulations Branch, Internal Revenue WOMACK, Mr. GRIFFIN of Arkansas, Amendment 39-17667; AD 2013-23-12] (RIN: Service, transmitting the Service’s final rule Mr. SESSIONS, Mr. GUTHRIE, Mr. WIL- 2120-AA64) received December 16, 2013, pursu- — 2013 Cumulative List of Changes in Plan LIAMS, Mr. RENACCI, Mr. CRAMER, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Qualifications Requirements [Notice 2013-84] MCKINLEY, Mr. DESANTIS, Mr. WAL- on Transportation and Infrastructure. received December 18, 2013, pursuant to 5 DEN, Mr. DUNCAN of South Carolina,

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Mr. POSEY, Mr. WHITFIELD, Mr. on retired or retainer pay, and for other pur- quently determined by the Speaker, in each JONES, Mrs. ROBY, Mr. POE of Texas, poses; to the Committee on Armed Services. case for consideration of such provisions as Mr. FLORES, Mr. KELLY of Pennsyl- By Mr. MILLER of Florida (for himself, fall within the jurisdiction of the committee vania, Mr. THOMPSON of Pennsyl- Mr. BARBER, Mr. BENISHEK, Mr. BILI- concerned. vania, Mr. MURPHY of Pennsylvania, RAKIS, Mr. BISHOP of Utah, Mr. BOU- By Mr. BILIRAKIS: Mr. SHUSTER, Mr. BARROW of Georgia, STANY, Mr. BUCHANAN, Mrs. BUSTOS, H.R. 3794. A bill to repeal the annual ad- Mr. MICA, Mr. PERRY, and Mr. ROG- Mrs. CAPPS, Mr. COFFMAN, Mr. COLE, justment of retired pay and retainer pay ERS of Alabama): Mr. CRAMER, Mr. CRENSHAW, Mr. amounts for retired members of the Armed H.R. 3788. A bill to repeal the reductions in DESANTIS, Mr. DIAZ-BALART, Mr. Forces under age 62, and for other purposes; military retirement benefits made by the Bi- DUNCAN of South Carolina, Mr. to the Committee on Armed Services, and in partisan Budget Act of 2013 and to require in- ENYART, Mr. FARENTHOLD, Mr. addition to the Committee on Appropria- clusion of the taxpayer’s social security FINCHER, Mr. FORBES, Ms. FRANKEL of tions, for a period to be subsequently deter- number to claim the refundable portion of Florida, Mr. FRANKS of Arizona, Mr. mined by the Speaker, in each case for con- the child tax credit; to the Committee on GALLEGO, Mr. GARCIA, Mr. GIBBS, Mr. sideration of such provisions as fall within Ways and Means, and in addition to the Com- GIBSON, Mr. GRAYSON, Mr. GRIFFIN of the jurisdiction of the committee concerned. mittee on Armed Services, for a period to be Arkansas, Mr. GRIMM, Ms. HANABUSA, By Mr. BILIRAKIS: H.R. 3795. A bill to require notifications by subsequently determined by the Speaker, in Mr. HINOJOSA, Mr. HONDA, Mr. each case for consideration of such provi- the Secretary of Health and Human Services HUIZENGA of Michigan, Mr. HUNTER, sions as fall within the jurisdiction of the to Congress and to individuals of breaches of Mr. JOHNSON of Ohio, Mr. JONES, Mr. committee concerned. personally identifiable information of such KEATING, Mr. KING of New York, Mrs. By Mr. MILLER of Florida (for himself, individuals maintained, submitted to, or sub- KIRKPATRICK, Mr. LANCE, Mr. Mr. BARBER, Mr. BARLETTA, Mr. mitted by a system maintained by Ex- LANKFORD, Mr. LOBIONDO, Mr. BENISHEK, Mr. BILIRAKIS, Mr. BISHOP changes under the Patient Protection and LOEBSACK, Mr. SEAN PATRICK MALO- of Utah, Ms. BORDALLO, Mr. BOU- Affordable Care Act, and for other purposes; NEY of New York, Mr. MASSIE, Mr. STANY, Mr. BRIDENSTINE, Mr. to the Committee on Energy and Commerce. MCCAUL, Mr. MCKINLEY, Mrs. BUCHANAN, Mr. BUCSHON, Mrs. By Mrs. BLACK (for herself and Mr. MCMORRIS RODGERS, Mr. MEEHAN, BUSTOS, Mrs. CAPPS, Mr. COFFMAN, NEAL): Mr. MICA, Mr. MURPHY of Florida, Mr. COLE, Mr. CONAWAY, Mr. COOK, H.R. 3796. A bill to amend title XVIII of the Mr. MURPHY of Pennsylvania, Mr. Mr. COURTNEY, Mr. CRAMER, Mr. Social Security Act to provide for bundled NEUGEBAUER, Mr. O’ROURKE, Mr. CRENSHAW, Mr. CULBERSON, Mr. ROD- payments for certain episodes of care sur- OWENS, Mr. PALAZZO, Mr. PEARCE, NEY DAVIS of Illinois, Mr. DENT, Mr. rounding a hospitalization, and for other Ms. PINGREE of Maine, Mr. POSEY, DESANTIS, Mr. DIAZ-BALART, Ms. purposes; to the Committee on Ways and Mr. RAHALL, Mr. RIGELL, Mr. ROGERS DUCKWORTH, Mr. DUNCAN of South Means, and in addition to the Committee on of Alabama, Ms. ROS-LEHTINEN, Mr. Carolina, Mr. ENYART, Mr. Energy and Commerce, for a period to be ROSS, Mr. RUIZ, Mr. RUNYAN, Mr. FARENTHOLD, Mr. FINCHER, Mr. subsequently determined by the Speaker, in AUSTIN SCOTT of Georgia, Ms. SHEA- FITZPATRICK, Mr. FORBES, Mr. FOR- each case for consideration of such provi- PORTER, Mr. SIMPSON, Ms. SINEMA, TENBERRY, Ms. FOXX, Ms. FRANKEL of sions as fall within the jurisdiction of the Mr. SOUTHERLAND, Mr. STIVERS, Mr. Florida, Mr. FRANKS of Arizona, Mr. committee concerned. TAKANO, Mr. TERRY, Ms. TITUS, Mr. GALLEGO, Mr. GARCIA, Mr. GIBBS, Mr. By Mr. DESJARLAIS: TURNER, Mr. VALADAO, Mr. VELA, Mr. GIBSON, Mr. GRAYSON, Mr. AL GREEN H.R. 3797. A bill to repeal an annual adjust- WALBERG, Mr. WALZ, Mr. WILSON of ment of retired pay and retainer pay of Texas, Mr. GRIFFIN of Arkansas, South Carolina, Mr. WITTMAN, Mr. amounts for retired members of the Armed Mr. GRIMM, Ms. HANABUSA, Mr. HIG- YODER, Mr. YOHO, Mr. COOK, Mr. CAR- Forces under age 62, and for other purposes; GINS, Mr. HINOJOSA, Mr. HONDA, Mr. TER, Mr. GENE GREEN of Texas, and to the Committee on Armed Services. HUIZENGA of Michigan, Mr. Mr. PERRY): By Mr. DESJARLAIS: HULTGREN, Mr. HUNTER, Ms. JENKINS, H.R. 3790. A bill to repeal of annual adjust- H.R. 3798. A bill to repeal an annual adjust- Mr. JOHNSON of Ohio, Mr. JONES, Mr. ment of retired pay and retainer pay ment of retired pay and retainer pay KELLY of Pennsylvania, Mr. amounts for retired members of the Armed amounts for retired members of the Armed KINZINGER of Illinois, Mrs. KIRK- Forces under age 62; to the Committee on Forces under age 62, and for other purposes; PATRICK, Ms. KUSTER, Mr. LAMBORN, Armed Services. to the Committee on Armed Services, and in Mr. LANCE, Mr. LANKFORD, Mr. LAR- By Mr. FATTAH: addition to the Committee on Energy and SON of Connecticut, Mr. LOBIONDO, H.R. 3791. A bill to amend the Internal Rev- Commerce, for a period to be subsequently Mr. LOEBSACK, Mr. SEAN PATRICK enue Code of 1986 to provide an above-the- determined by the Speaker, in each case for MALONEY of New York, Mr. MARINO, line deduction for health insurance pre- consideration of such provisions as fall with- Mr. MASSIE, Mr. MCCARTHY of Cali- miums; to the Committee on Ways and in the jurisdiction of the committee con- fornia, Mr. MCCAUL, Mr. MCKINLEY, Means. cerned. Mrs. MCMORRIS RODGERS, Mr. MEE- By Mr. WITTMAN (for himself and Mr. By Mr. GIBSON: HAN, Mr. MURPHY of Florida, Mr. RIGELL): H.R. 3799. A bill to amend title XVIII of the MURPHY of Pennsylvania, Mr. NEUGE- H.R. 3792. A bill to repeal the reduction in Social Security Act to provide for coverage BAUER, Mrs. NOEM, Mr. O’ROURKE, Mr. the annual percentage increases of retired of qualified acupuncturist services under OWENS, Mr. PALAZZO, Mr. PEARCE, pay and retainer pay amounts for retired part B of the Medicare Program, and to Ms. PINGREE of Maine, Mr. POSEY, members of the Armed Forces under age 62; amend title 5, United States Code, to provide Mr. RAHALL, Mr. RICE of South Caro- to the Committee on Armed Services. for coverage of such services under the Fed- lina, Mr. RIGELL, Mr. ROE of Ten- By Mr. MAFFEI (for himself, Mr. CAS- eral Employees Health Benefits Program; to nessee, Mr. ROONEY, Ms. ROS- TRO of Texas, Ms. SHEA-PORTER, Mr. the Committee on Energy and Commerce, LEHTINEN, Mr. ROSS, Mr. ROTHFUS, SEAN PATRICK MALONEY of New York, and in addition to the Committees on Ways Mr. RUNYAN, Mr. RUPPERSBERGER, Mr. RYAN of Ohio, Mr. COURTNEY, Mr. and Means, and Oversight and Government Mr. AUSTIN SCOTT of Georgia, Mr. LOEBSACK, Mr. DEFAZIO, Ms. PINGREE Reform, for a period to be subsequently de- SESSIONS, Ms. SEWELL of Alabama, of Maine, Mr. HECK of Washington, termined by the Speaker, in each case for Ms. SHEA-PORTER, Mr. SIMPSON, Ms. Mr. DOGGETT, Mr. LANGEVIN, Mr. consideration of such provisions as fall with- SINEMA, Mr. SMITH of Texas, Mr. BARBER, Ms. GABBARD, Mr. in the jurisdiction of the committee con- SOUTHERLAND, Mr. STIVERS, Mr. BUTTERFIELD, Ms. WILSON of Florida, cerned. TAKANO, Mr. TERRY, Mr. THOMPSON of Mr. MICHAUD, Ms. KUSTER, Mr. VELA, By Ms. HANABUSA: Pennsylvania, Ms. TITUS, Mr. TUR- Mr. WALZ, Ms. WASSERMAN SCHULTZ, H.R. 3800. A bill to name the Department of NER, Mr. VALADAO, Mr. VELA, Mr. Mr. KILDEE, Ms. HANABUSA, Mr. Veterans Affairs outpatient clinic in Ewa WALBERG, Mrs. WALORSKI, Mr. WALZ, PETERS of Michigan, Ms. BORDALLO, Plain, Oahu, Hawaii, as the ‘‘Daniel Mr. WESTMORELAND, Mr. WILLIAMS, Mr. O’ROURKE, Ms. MICHELLE LUJAN Kahikina Akaka Department of Veterans Af- Mr. WILSON of South Carolina, Mr. GRISHAM of New Mexico, Mr. GRAY- fairs Outpatient Clinic’’; to the Committee WITTMAN, Mr. YODER, Mr. YOHO, Mr. SON, Mr. GARAMENDI, Mr. PERL- on Veterans’ Affairs. MICA, Mr. CARTER, Mr. GENE GREEN MUTTER, Mrs. BUSTOS, Ms. CASTOR of By Mr. ISSA: of Texas, and Mr. PERRY): Florida, Ms. SCHWARTZ, Ms. H.R. 3801. A bill to repeal the reductions in H.R. 3789. A bill to amend title 10, United EDWARDS, Mr. TONKO, Mr. BRALEY of military retirement benefits made by the Bi- States Code, to exempt the retired pay of Iowa, and Mr. LARSON of Con- partisan Budget Act of 2013 and to authorize certain disabled veterans from the reduced necticut): the United States Postal Service to imple- adjustment of retired pay and retainer pay H.R. 3793. A bill to restore full military re- ment a modified Saturday delivery schedule; amounts for retired members of the Armed tirement benefits by closing corporate tax to the Committee on Armed Services, and in Forces under age 62, to prevent any adverse loopholes; to the Committee on Ways and addition to the Committee on Oversight and impact of the reduced adjustment on annu- Means, and in addition to the Committee on Government Reform, for a period to be sub- ities under the Survivor Benefit Plan based Armed Services, for a period to be subse- sequently determined by the Speaker, in

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each case for consideration of such provi- The Constitutional authority on which By Mr. DESJARLAIS: sions as fall within the jurisdiction of the this bill rests is found in Article 1, Section 8, H.R. 3798. committee concerned. Clause 1, ‘‘The Congress shall have Power to Congress has the power to enact this legis- By Mr. LYNCH (for himself, Mr. . . . provide for the common Defence and lation pursuant to the following: KEATING, Mr. NEAL, Mr. MCGOVERN, general Welfare of the United States’’. Article 1, Section 8, Clause 1: Mr. CAPUANO, Mr. TIERNEY, Ms. TSON- By Mr. FITZPATRICK: ‘‘The Congress shall have Power To lay and GAS, Mr. KENNEDY, and Ms. CLARK of H.R. 3788. collect Taxes, Duties, Imposts and Excises, Massachusetts): Congress has the power to enact this legis- to pay the Debts and provide for the common H.R. 3802. A bill to extend the legislative lation pursuant to the following: Defence and general Welfare of the United authority of the Adams Memorial Founda- Article I, Section 8, Clause 1 States; but all Duties, Imposts and Excises tion to establish a commemorative work in Article I, Section 8, Clause 12 shall be uniform throughout the United honor of former President John Adams and By Mr. MILLER of Florida: States . . .’’ his legacy, and for other purposes; to the H.R. 3789. By Mr. GIBSON: Committee on Natural Resources. Congress has the power to enact this legis- H.R. 3799. By Mr. YOHO: lation pursuant to the following: Congress has the power to enact this legis- Article I. Section 8. H.R. 3803. A bill to repeal the Affordable lation pursuant to the following: By Mr. MILLER of Florida: Care Act unless the initial enrollment target Clause 1 of section 8 of article 1. H.R. 3790. for Exchanges has been met, and for other By Ms. HANABUSA: Congress has the power to enact this legis- purposes; to the Committee on Energy and H.R. 3800. lation pursuant to the following: Congress has the power to enact this legis- Commerce, and in addition to the Commit- Article I. Section 8. lation pursuant to the following: tees on Ways and Means, Education and the By Mr. FATTAH: Article I, Section 8 of the United States Workforce, the Judiciary, Natural Re- H.R. 3791. sources, House Administration, Rules, and Congress has the power to enact this legis- Constitution. Appropriations, for a period to be subse- lation pursuant to the following: By Mr. ISSA: quently determined by the Speaker, in each This bill is enacted pursuant to the power H.R. 3801. case for consideration of such provisions as granted to Congress under Article I Section Congress has the power to enact this legis- fall within the jurisdiction of the committee 8 Clause 3 of the United States Constitution, lation pursuant to the following: concerned. which states the United States Congress Art. I, Sec. 8 By Mr. LAMBORN (for himself, Mr. shall have power ‘‘To regulate Commerce To establish Post Offices and Post Roads. ADERHOLT, Mr. BENTIVOLIO, Mrs. with foreign Nations, and among the several By Mr. LYNCH: BLACK, Mrs. BLACKBURN, Mr. BROUN States, and with the Indian Tribes’’. H.R. 3802. Congress has the power to enact this legis- of Georgia, Mrs. CAPITO, Mr. COLE, By Mr. WITTMAN: Mr. CONAWAY, Mr. FARENTHOLD, Mr. H.R. 3792. lation pursuant to the following: FINCHER, Mr. FLEMING, Mr. FLORES, Congress has the power to enact this legis- Article 1 section 8 Clause 3 of the United Mr. FORBES, Mr. GINGREY of Georgia, lation pursuant to the following: States Constitution. Mr. GRIFFITH of Virginia, Mr. GOOD- Article I, Section 8, Clause 1 and Article I, By Mr. YOHO: LATTE, Mr. HARRIS, Mr. HENSARLING, Section 8, Clause 14 of the Constitution of H.R. 3803. Mrs. HARTZLER, Mr. HUELSKAMP, Mr. the United States. Congress has the power to enact this legis- KELLY of Pennsylvania, Mr. MCIN- By Mr. MAFFEI: lation pursuant to the following: TYRE, Mr. NEUGEBAUER, Mr. PITTS, H.R. 3793. The repeal of this provision is consistent Mr. POSEY, Mr. SOUTHERLAND, Mr. Congress has the power to enact this legis- with the powers that are reserved to the WALBERG, Mr. WENSTRUP, Mr. WEST- lation pursuant to the following: States and the people as expressed in Amend- MORELAND, Mr. BRIDENSTINE, Mr. Clause 1 of Section 8 and Clause 18 of Sec- ment X to the United States Constitution. LANKFORD, Mr. JONES, Mr. RAHALL, tion 8, of Article 1 of the United States Con- f Mr. PEARCE, Mr. JORDAN, and Mr. stitution. ADDITIONAL SPONSORS MILLER of Florida): By Mr. BILIRAKIS: H. Res. 448. A resolution expressing the H.R. 3794. Under clause 7 of rule XII, sponsors sense of the House of Representatives that Congress has the power to enact this legis- were added to public bills and resolu- the symbols and traditions of Christmas lation pursuant to the following: tions as follows: should be protected for use by those who cel- This bill is enacted pursuant to Article I, ebrate Christmas; to the Committee on Over- Section 8 of the United States Constitution H.R. 40: Mr. LEWIS. H.R. 139: Ms. NORTON. sight and Government Reform. (Clauses 12, 13, 14, 16, and 17) which grants Congress the power to raise and support an H.R. 183: Mr. PRICE of North Carolina. f Army; to provide and maintain a Navy; to H.R. 184: Mr. RODNEY DAVIS of Illinois, Mr. MEMORIALS make rules for the government and regula- DIAZ-BALART, and Ms. NORTON. tion of the land and naval forces; to provide H.R. 411: Mr. CROWLEY. Under clause 3 of rule XII, memorials for organizing, arming, and disciplining the H.R. 460: Mr. FRELINGHUYSEN. were presented and referred as follows: militia; and to exercise authority over all H.R. 482: Mr. HINOJOSA. 164. The SPEAKER presented a memorial places purchased for the erection of forts, H.R. 503: Mr. ANDREWS. of the House of Representatives of the State magazines, dock-yards, and other needful H.R. 543: Mr. LANCE. of Michigan, relative to House Resolution buildings. H.R. 565: Mr. CARTWRIGHT. No. 227 urging the Congress to adopt House By Mr. BILIRAKIS: H.R. 647: Mrs. NEGRETE MCLEOD. Concurrent Resolution 50; to the Committee H.R. 3795. H.R. 688: Mr. MCNERNEY. on Natural Resources. Congress has the power to enact this legis- H.R. 718: Mr. WALBERG. 165. Also, a memorial of the House of Rep- lation pursuant to the following: H.R. 721: Ms. BONAMICI and Mr. MURPHY of resentatives of the Commonwealth of Penn- Article I, Section 8, Clause 1 Pennsylvania. sylvania, relative to House Resolution No. By Mrs. BLACK: H.R. 724: Ms. ESTY. 456 urging the Congress to establish a special H.R. 3796. H.R. 808: Mr. GEORGE MILLER of California. committee to investigate and report on the Congress has the power to enact this legis- H.R. 860: Mr. WELCH. National Security Agency’s Surveillance lation pursuant to the following: H.R. 1008: Mr. AL GREEN of Texas. program; to the Committee on Rules. Article 1, Section 8, Clause 1 H.R. 1091: Mr. THOMPSON of Pennsylvania. The Congress shall have Power To lay and H.R. 1146: Mr. LEWIS. f collect Taxes, Duties, Imposts and Excises, H.R. 1150: Ms. BONAMICI. CONSTITUTIONAL AUTHORITY to pay the Debts and provide for the common H.R. 1176: Mr. CRAMER. STATEMENT Defence and general Welfare of the United H.R. 1441: Mr. CRAMER. States. H.R. 1508: Mrs. CAROLYN B. MALONEY of Pursuant to clause 7 of rule XII of By Mr. DESJARLAIS: New York and Mr. LEWIS. the Rules of the House of Representa- H.R. 3797. H.R. 1666: Mr. GARAMENDI. tives, the following statements are sub- Congress has the power to enact this legis- H.R. 1692: Mrs. NEGRETE MCLEOD. mitted regarding the specific powers lation pursuant to the following: H.R. 1726: Mr. LANGEVIN and Mr. BARLETTA. granted to Congress in the Constitu- Article 1, Section 8, Clause 1: H.R. 1750: Mr. HURT, Mr. CARTER, Mr. The Congress shall have Power To lay and DUFFY, and Mr. SMITH of Texas. tion to enact the accompanying bill or collect Taxes, Duties, Imposts and Excises, H.R. 1763: Mr. SCHNEIDER. joint resolution. to pay the Debts and provide for the common H.R. 1869: Mr. WHITFIELD. By Mr. LANKFORD: Defence and general Welfare of the United H.R. 2066: Mr. BEATTY and Mr. HUDSON. H.R. 3787. States; but all Duties, Imposts and Excises H.R. 2178: Mr. REICHERT. Congress has the power to enact this legis- shall be uniform throughout the United H.R. 2224: Ms. PINGREE of Maine, Mr. lation pursuant to the following: States; LOWENTHAL, Mrs. BACHMANN, Mr. GRIJALVA,

VerDate Mar 15 2010 02:22 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\L19DE7.100 H19DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 19, 2013 CONGRESSIONAL RECORD — HOUSE H8127 Ms. CLARKE of New York, Mr. ENGEL, and Ms. H.R. 3416: Mr. HALL. PETITIONS, ETC. BONAMICI. H.R. 3441: Mr. HOLT. H.R. 2237: Mr. SCHNEIDER. H.R. 3461: Mr. HUFFMAN, Ms. BONAMICI, Ms. Under clause 3 of rule XII, petitions H.R. 2288: Mr. TIERNEY. SHEA-PORTER, Mrs. CAPPS, Mr. SCHNEIDER, and papers were laid on the Clerk’s H.R. 2302: Mr. NEGRETE MCLEOD, Ms. Mr. BLUMENAUER, and Mr. KEATING. desk and referred as follows: DEGETTE, and Mr. LEWIS. H.R. 3464: Mr. BILIRAKIS and Mr. H.R. 2499: Mr. HIGGINS, Ms. DEGETTE, and SOUTHERLAND. 60. The SPEAKER presented a petition of Mr. MICHAUD. H.R. 3465: Mr. HASTINGS of Florida, Mr. the Cabinet Secretary-Designate of New H.R. 2529: Mr. CAPPS. MORAN, and Ms. SCHAKOWSKY. Mexico, relative to a letter supporting H.R. H. R. 2560: Mr. HUFFMAN, Ms. BONAMICI, Ms. H.R. 3494: Ms. NORTON. 2728; to the Committee on Natural Re- MENG, Mr. HONDA, and Mr. SCHNEIDER. H.R. 3518: Ms. BROWNLEY of California, Ms. sources. H.R. 2575: Mr. SHIMKUS. LEE of California, Mr. TAKANO, Mrs. NAPOLI- 61. Also, a petition of the Governor of H.R. 2591: Mr. HULTGREN. TANO, Ms. LINDA T. SA´ NCHEZ of California, Pennsylvania, relative to a letter expressing H.R. 2643: Mr. REED, Mr. PETERS of Cali- and Mr. VARGAS. support for federal funding of the nation’s fornia, and Mr. QUIGLEY. H.R. 3528: Mr. BILIRAKIS. H.R. 2791: Mr. MURPHY of Pennsylvania. H.R. 3556: Mr. BLUMENAUER. transportation infrastructure and network; H.R. 2851: Mr. BERA of California, Mr. H.R. 3571: Mr. LARSEN of Washington, Mr. to the Committee on Transportation and In- MORAN, Ms. KELLY of Illinois, Mr. POCAN, Mr. DOGGETT, Mr. LOWENTHAL, Mr. CICILLINE, and frastructure. MCGOVERN, Mr. SWALWELL of California, and Mr. WELCH. 62. Also, a petition of Brooklyn Commu- Mr. KENNEDY. H.R. 3578: Mr. DENT and Mr. WESTMORE- nity Board 15, New York, relative to a letter H.R. 2856: Mrs. BEATTY. LAND. suppiorting H.R. 2887; to the Committee on H.R. 2866: Mrs. MILLER of Michigan. H.R. 3589: Mr. BURGESS. Transportation and Infrastructure. H.R. 2918: Ms. SEWELL of Alabama, Mrs. H.R. 3590: Mr. DAINES. 63. Also, a petition of the Town of Sey- BUSTOS, and Ms. MICHELLE LUJAN GRISHAM of H.R. 3599: Ms. ESTY and Mr. FARENTHOLD. mour, Connecticut, relative to a resolution New Mexico. H.R. 3641: Mr. WESTMORELAND and Mr. urging the Congress to restore the presump- H. R. 2957: Mr. CONNOLLY, Mr. PETERS of GOODLATTE. tion of a service connection for Agent Or- California, and Mr. DEFAZIO. H.R. 3676: Mr. LOBIONDO, Mr. CAPUANO, Mr. ange exposure to United States Veterans; to H.R. 2989: Mrs. NEGRETE MCLEOD. CRAWFORD, Mr. BISHOP of New York, Mr. the Committee on Veterans’ Affairs. H.R. 2994: Mr. FORBES, Mr. CONNOLLY, Mr. SCHOCK, Mr. SOUTHERLAND, and Mr. ELLISON. NUGENT, and Mr. HUFFMAN. H.R. 3685: Mr. VALADAO, Mr. HUELSKAMP, 64. Also, a petition of the Commissioner, H.R. 2996: Mr. NOLAN, Mr. CICILLINE, Mr. Mr. CARNEY, Mr. HURT, Ms. SCHWARTZ, and Oregon Bureau of Labor and Industries, rel- MCGOVERN, Ms. ESTY, and Ms. KELLY of Illi- Mr. RAHALL. ative to a letter urging passage of the Em- nois. H.R. 3715: Ms. SCHAKOWSKY. ployment Non-Discrimination Act; jointly to H.R. 3022: Mrs. DAVIS of California and Mr. H.R. 3717: Mr. ROE of Tennessee. the Committees on Education and the Work- GARAMENDI. H.R. 3727: Mr. WESTMORELAND. force, House Administration, Oversight and H.R. 3036: Ms. GRANGER. H.R. 3731: Mr. ROE of Tennessee. Government Reform, and the Judiciary. H.R. 3043: Mr. JOHNSON of Ohio. H.R. 3745: Mr. GARCIA, Mr. SCHNEIDER, Mr. 65. Also, a petition of the Interstate Oil H.R. 3086: Mr. TAKANO, Mr. ROSS, Mr. PETERS of Michigan, Mr. RUIZ, and Mr. and Gas Compact Commission, Oklahoma, SMITH of Texas, Ms. FOXX, Mr. COLE, Mr. WALZ. relative to Resolution 13.077 supporting the HARRIS, Mr. VEASEY, Mr. HASTINGS of Flor- H.R. 3770: Mr. LUETKEMEYER and Mr. Congress to pass legislation recognizing ida, and Ms. MOORE. FITZPATRICK. state jurisdiction for the regulation of hy- H.R. 3133: Mr. WILSON of South Carolina H.R. 3774: Ms. SLAUGHTER, Mr. BLU- draulic fracturing; jointly to the Commit- and Mr. SAM JOHNSON of Texas. MENAUER, Ms. CLARKE of New York, Mr. tees on Energy and Commerce, Agriculture, H.R. 3303: Mr. HANNA. ELLISON, Ms. CASTOR of Florida, Mr. GRI- Transportation and Infrastructure, and Nat- H.R. 3326: Mr. LAMALFA. JALVA, Ms. DEGETTE, and Ms. NORTON. ural Resources. H.R. 3338: Mr. HECK of Nevada. H.R. 3782: Mr. BEN RAY LUJA´ N of New Mex- H.R. 3361: Mrs. CAPPS and Ms. DELAURO. ico. 66. Also, a petition of Interstate Oil and H.R. 3367: Mr. MAFFEI, Mr. GARCIA, Mr. H.J. Res. 50: Mr. CARTER, Mr. LONG, Mr. Gas Compact Commission, Oklahoma, rel- HANNA, and Mr. CHABOT. CALVERT, Mr. SCHOCK, and Mr. HULTGREN. ative to Resolution 13.078 urging that H.R. 3382: Ms. SCHAKOWSKY. H. Res. 414: Ms. CHU. FracFocus shall provide for the reporting of H.R. 3388: Ms. FRANKEL of Florida. H. Res. 417: Mr. JONES, Mr. FORBES, and all chemicals that were intentionally added H.R. 3398: Mr. VAN HOLLEN, Mr. ROSS, Ms. Mr. TONKO. and used for the purpose of creating a hy- FRANKEL of Florida, Ms. BASS, Mr. MORAN, H. Res. 418: Mr. WELCH, Mr. ROYCE, and Mr. draulic fracturing treatment; jointly to the Mr. ROSKAM, and Mr. BLUMENAUER. PRICE of North Carolina. Committees on Natural Resources, Energy H.R. 3408: Mrs. ROBY and Mr. HUDSON. H. Res. 447: Mr. LARSON of Connecticut and and Commerce, Transportation and Infra- H. R. 3413: Mr. PAULSEN. Mr. HIGGINS. structure, and Agriculture.

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Vol. 159 WASHINGTON, THURSDAY, DECEMBER 19, 2013 No. 181 Senate The Senate met at 10 a.m. and was enjoy. May we use this gift to live O God, let there be peace on earth. called to order by the Honorable BRIAN steadfast in liberty, refusing to be en- Let it begin with us. We pray in Your SCHATZ, a Senator from the State of tangled in the chains that would great Name. Amen. Hawaii. shackle us with addictions and mis- eries. f PRAYER During this season of cheer, give our The Chaplain, Dr. Barry C. Black, of- Senators and their loved ones the gifts PLEDGE OF ALLEGIANCE fered the following prayer: of love, joy, peace, patience, kindness, The Presiding Officer led the Pledge Let us pray. goodness, faithfulness, and self control. of Allegiance, as follows: Eternal God, who has made us chil- May they fulfill Your command to love I pledge allegiance to the Flag of the dren of promise, thank You for bring- their neighbors as they love them- United States of America, and to the Repub- ing joy to our world. We are grateful selves. Bless also the families and lic for which it stands, one nation under God, for the freedom You have given us to loved ones of our support staffs. indivisible, with liberty and justice for all.

APPOINTMENT OF ACTING to the Senate from the President pro U.S. SENATE, PRESIDENT PRO TEMPORE tempore (Mr. LEAHY). PRESIDENT PRO TEMPORE, Washington, DC, December 19, 2013. The PRESIDING OFFICER. The The legislative clerk read the fol- To the Senate: clerk will please read a communication lowing letter: Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby

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

S8985

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.000 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8986 CONGRESSIONAL RECORD — SENATE December 19, 2013 appoint the Honorable BRIAN SCHATZ, a Sen- troops have the resources and training Public servants who set our Nation’s ator from the State of Hawaii, to perform they need. This bill includes a pay monetary policy and guard against ter- the duties of the Chair. raise for members of the Armed Forces rorism and deliver us justice do not PATRICK J. LEAHY, and reauthorizes dozens of special pay hold nonessential positions. President pro tempore. raises and bonuses, such as the bonus Is Janet Yellen, to be chosen as Fed- Mr. SCHATZ thereupon assumed the payment for servicemembers who are eral Reserve Chair, nonessential? It is Chair as Acting President pro tempore. stationed overseas. shallow to even suggest this. Brain f This legislation also supports mili- Davis. I have already talked about this tary families who support the mission good man who has waited 2 years to be- RECOGNITION OF THE MAJORITY of our fighting men and women. Also, come a Federal trial judge in Florida, LEADER yesterday, we passed the Ryan-Murray that has too many criminal cases, too The ACTING PRESIDENT pro tem- budget—very important—because, many civil cases, and it has been de- pore. The majority leader is recog- among other things, it did away with clared a judicial emergency. I suggest nized. the sequester, which would have been— it is very shallow to suggest this nomi- f if that second year would have kicked nation is unimportant and not essen- in, it would have been a $23 billion hit tial. WORKFORCE INVESTMENT ACT OF to the United States military. That is Alejandro Mayorkas to be the No. 2 2013—MOTION TO PROCEED—Re- gone. person at the Department of Homeland sumed This year the National Defense Au- Security is vitally important, as has Mr. REID. Mr. President, I move to thorization Act also includes robust been laid out in detail by the chairman proceed to S. 1356. new provisions to combat sexual as- of the committee TOM CARPER. How The PRESIDING OFFICER. The sault in the military and guarantee shallow to think this important nomi- clerk will report the motion. that the perpetrators are punished. nee is nonessential. The legislative clerk read as follows: With cooperation, the Senate could How about this one? John Koskinen Motion to proceed to Calendar No. 243, S. easily pass this bill today. We could to be Commissioner of the Internal 1356, a bill to amend the Workforce Invest- have done it last evening. With co- Revenue Service. With all that is going ment Act of 1998 to strengthen the United operation, the Senate could also con- on in this country with ObamaCare, States workforce development system sider a number of pending nominations with all that is happening, we need through innovation in, and alignment and today and Friday. Without cooperation someone to direct the Internal Revenue improvement of, employment, training, and from our Republican colleagues, Sen- Service. To suggest this is not a crit- education programs in the United States, ators should expect late night and and to promote individual and national eco- ical position is really very shallow. nomic growth, and for other purposes. weekend votes. With all of the Republican obstruc- f tion and delay we have seen over the f NOMINATIONS last 2 weeks, is it any wonder Demo- SCHEDULE crats changed the rules last month? Of Mr. REID. Mr. President, after we course not. The American people want Mr. REID. Mr. President, following complete work on the Defense author- my remarks and those of the Repub- Congress to work, not obstruct. Even ization bill, this body will consider sev- under these new rules, Republicans are lican leader, the Senate will resume eral essential nominations, including consideration of the national defense wasting weeks on matters that could the new Federal Reserve Chair—so im- be resolved in mere hours. As always, authorization bill. Rollcall votes are portant, as we learned yesterday from possible throughout the day. We will do there is an easy and a hard way that we the announcement of Chairman Ben legislators can take. One is to move; our best to notify Senators ahead of Bernanke how terribly important that time as to when votes will occur. the other is to obstruct. So far, my Re- institution is. He is leaving. We need publican colleagues have obstructed, f someone to replace him. and they continue to do so. The choice We also are going to approve a Dep- DEFENSE AUTHORIZATION to obstruct is theirs. Their obstruction uty Secretary of Homeland Security, a has become a bad habit of theirs. For Mr. REID. Mr. President, for more new Director of the Internal Revenue the good of the country, their obstruc- than 50 years consecutively; that is, 50 Service. We will also consider a nomi- tion, these bad habits, need to go away. years in a row every year, the United nation that has been pending for 2 States has passed the National Defense years—more than 2 years actually—the f Authorization Act. This year is not nomination of Brian Davis of Florida RESERVATION OF LEADER TIME going to be an exception. This tradi- to fill a judicial seat that has been de- The ACTING PRESIDENT pro tem- tion indicates the respect and grati- clared an emergency, as well as a hand- pore. Under the previous order, the tude with which Members of this insti- ful of other nominations. leadership time is reserved. tution regard the members of our mili- All those nominees are qualified and tary. dedicated public servants. I have not f The work to get to this point has heard a single word about these nomi- NATIONAL DEFENSE AUTHORIZA- been extremely difficult. We have had nations being flawed in any way. Those TION ACT FOR FISCAL YEAR 2014 the usual good work by one of the fin- nominees have broad bipartisan sup- The ACTING PRESIDENT pro tem- est Senators ever, the senior Senator port. Their positions safeguard the pore. Under the previous order, the from Michigan, and also the coopera- economy, thus ensuring our national Senate will resume consideration of tion and hard work of the ranking security. I am disappointed that Re- the House message to accompany H.R. member of the committee, the senior publican Senators have suggested that 3304, which the clerk will report. Senator from the State of Oklahoma. those nominees are nonessential or un- The legislative clerk read as follows: It has been with some difficulty. important. I heard one Senator say: Resolved, that the House concur in the The Senator from Oklahoma has had Just do them next year. Another said: Senate amendment to the title of the bill physical problems and the tragic loss Yes, they are nonessential. They are (H.R. 3304) entitled ‘‘An Act to authorize and of his son in an unfortunate airplane really unimportant. Why don’t we do request the President to award the Medal of accident. These two men have contin- them next year? Honor to Bennie G. Adkins and Donald P. ued to move forward with this legisla- Everyone should understand, the Sloat of the United States Army for acts of tion. It is important to mention their Senate will not wait until the new year valor during the Vietnam Conflict and to au- counterparts in the House. This is an to consider these nominations. These thorize the award of the Medal of Honor to important piece of legislation that we are critical nominations. If that means certain other veterans who were previously recommended for award of the Medal of are going to vote on. working through the weekend, next Honor,’’ and be it further Today, the Senate will continue de- week, so be it. The Senate will finish Resolved, that the House concur in the bate on this critical measure which its work before we leave for the holi- first three Senate amendments to the text of safeguards our Nation and ensures our days. It is our constitutional duty. the aforementioned bill, and be it further

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.001 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S8987 Resolved, that the House concur in the that following disposition of the De- there are 13 Democrats on the Finance fourth Senate amendment to the text of the fense bill, the Senate proceed to imme- Committee and only 11 Republicans. aforementioned bill, with an amendment. diate consideration of H.R. 2668, a What are they afraid of? Don’t they Pending: House-passed revenue measure; that set the committee agenda? Don’t they Reid motion to concur in the amendment the text of S. 1859 be the first amend- have the votes? of the House to the amendment of the Senate ment in order; and that the majority Political stunts, such as unanimous to the bill, with Reid amendment No. 2552, to and minority sides then be recognized consent requests that are designed only change the enactment date. to offer amendments in an alternating to draw objections from the other side, Reid amendment No. 2553 (to amendment may be good political fun for the pro- No. 2552), of a perfecting nature. fashion so these important issues could Reid motion to refer the message of the be considered this week. ponents, they might even provide some House on the bill to the Committee on The ACTING PRESIDENT pro tem- good campaign fodder, but they don’t Armed Services, with instructions, Reid pore. Is there objection? solve any problems. amendment No. 2554, to change the enact- Mr. REID. Reserving the right to ob- It is amazing to see this kind of ac- ment date. ject, I would refer to the statement I tivity from the Senate majority party Reid amendment No. 2555 (to (the instruc- gave earlier today, and I object. when it controls the agenda both on tions of the motion to refer) amendment No. The ACTING PRESIDENT pro tem- the floor and in the committees. We 2554), of a perfecting nature. pore. The objection is heard to the might expect these kinds of actions Reid amendment No. 2556 (to amendment from a frustrated minority party that No. 2555), of a perfecting nature. modification. Is there objection to the original request? feels shut out of its role in committees Mr. REID. Mr. President, I suggest Mr. MCCONNELL. I object. and on the floor, but here we have a the absence of a quorum. The ACTING PRESIDENT pro tem- role reversal. The ACTING PRESIDENT pro tempore. The objection is heard. I am currently a member of the mi- pore. The clerk will call the roll. The Senator from Utah. nority party in the Senate, defending The legislative clerk proceeded to Mr. HATCH. I wish to briefly com- regular order, Senate customs, and the call the roll. ment on the absurdity of what just role of the committee system. I will re- Mr. REID. I ask unanimous consent transpired on the Senate floor. My iterate my challenge to my friends in that the order for the quorum call be friends on the other side have been the the Senate Democratic leadership: Why rescinded. longest serving majority since 1980. We are you so afraid of regular order? Why The ACTING PRESIDENT pro tem- are enduring, some would say, the 7th not process this legislation in a care- pore. Without objection, it is so or- consecutive year of their majority. Yet ful, methodical, and transparent man- dered. if someone were to take a close look at ner? UNANIMOUS CONSENT REQUEST—S. 1859 the strategy and tactics of the Senate Being in the majority means being Mr. REID. I ask unanimous consent Democratic leadership, they would accountable. Today my friends on the the Senate proceed to S. 1859, sub- think the roles were reversed. other side of the aisle tried, once again, mitted earlier today, a bill that in- Democrats are the majority. They to avoid accountability in order to cludes the following provisions: an ex- have even enhanced their majority by blame their own failings on Repub- tension of the provision to exclude breaking the rules of the Senate to licans. As the saying goes: That dog mortgage debt forgiveness from tax- give themselves more power. Indeed, just won’t hunt. able income; deductions for State and they have not been a bit reluctant to I yield the floor. local sales taxes, qualified tuition ex- overreach. The ACTING PRESIDENT pro tem- penses for students, and classroom ex- Part and parcel of having a majority pore. The Republican leader. penses that teachers pay for out of in the Senate is control over the Sen- Mr. MCCONNELL. If I may, before their own pockets; a commuter benefit ate’s schedule and committees. Yet the Senator from Utah leaves the floor, that helps workers who take mass still we see what we saw today from he correctly stated the state of the transit to their jobs every day; the new my friends on the other side of the Senate today. It is not the same body markets tax credit and the low-income aisle. it was only a few years ago in the way housing credit; tax benefits to encour- Under the Senate rules, tax policy we are being treated. It is a very dis- age investment in our Nation’s infra- matters, including the tax extenders, couraging development, as we approach structure, such as the short line rail are referred to the Senate Finance the end of the year, to see the way the tax credit; provisions that encourage Committee. Trade adjustment assist- Senate deteriorated under the current the development of renewable energy ance, which was also included in this leadership. technology, including the production bill, also falls under the jurisdiction of I thank the senior Senator from Utah tax credit for wind, as well as credits the Finance Committee. for pointing out that it was not too to promote biofuels, alternative fuel The Finance Committee processed long ago that the two parties actually vehicles, and energy-efficient build- tax extenders in a bipartisan fashion functioned on issues such as the major- ings; and tax incentives for small and last year and that legislation was even- ity leader was trying to ram through large businesses, including section 179 tually enacted into law. The com- today without any committee consider- expensing, bonus depreciation, and the mittee has also been able, though with- ation. R&D credit. out as much bipartisan support, to deal Mr. HATCH. The distinguished mi- I further ask that the bill be read a with the TAA in the recent past. nority leader expresses it very well. I third time and passed and the motions Yet now what do my friends want to am appalled. I have only been here 37 to reconsider be made and laid on the do? They want to ignore the Senate years, but I have never seen the rules table, with no intervening action or de- rules, the expertise and proper role of violated as they have been—frankly, bate. the Finance Committee, and pass a violated in a way that is destructive to The ACTING PRESIDENT pro tem- complicated set of policies on the floor the Senate, not helpful or constructive pore. Is there objection? without discussion or debate. With re- to the Senate. This is just another il- Mr. MCCONNELL. Reserving the gard to tax extenders, Finance Com- lustration. Our side is getting very sick right to object, it is unfortunate the mittee staff from both parties have, in of it. Senate’s schedule is completely full only the past few days, started the Mr. MCCONNELL. I thank my friend with pending cloture motions on con- process of developing tax extenders leg- from Utah. troversial or completely nonurgent islation. STIFLING DISSENT nominations. To put it bluntly, the majority lead- Earlier this year the Internal Rev- If these nomination were deferred, we er’s partisan actions today make a enue Service admitted responsibility could consider this timely and impor- sham of that deliberative, methodical, for an incredible abuse of power. In the tant legislation today. and constructive bipartisan effort. midst of an election season, it targeted I, therefore, ask unanimous consent Why are they afraid of going through and harassed Americans for the sup- that the pending cloture motions on regular order? They are the majority. posed crime of thinking differently. An executive nominations be withdrawn; Including my friend, the chairman, agency with access to some of the most

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.002 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8988 CONGRESSIONAL RECORD — SENATE December 19, 2013 personal information of every tax-pay- agreed with that, and I was pleased to arise. The last thing we need is for the ing American betrayed their trust. In hear it. IRS to compound the pain it and doing so, it showed the lengths to Were he to become Commissioner, I ObamaCare have already inflicted upon which this administration will go to would expect him to oppose the ex- the American people by allowing fraud stifle those who dissent from its poli- tremely misguided proposed IRS rule and further mistreatment to happen cies. All of this was and remains a com- that aims to overturn more than 50 under its watch. The IRS has done a lot plete outrage. years of settled law and practice by un- to lose the trust of the American peo- It is the kind of thing we might ex- fairly targeting the speech of those ple. It will need to do a lot more to re- pect from a banana republic or a third- who criticize the administration while gain it. world dictatorship, not the world’s leaving its supporters untouched. Following the advice I just laid out leading democracy. The worst part is This proposed role, which will rede- will put the IRS on a better path. If we still don’t know everything that fine what social welfare means in order this nominee ends up becoming the happened or if it is still going on. That to target certain groups that seek to next Commissioner, that advice will is because the bipartisan investigation educate the public, would end up penal- form the criteria upon which his per- into all of this still hasn’t concluded. izing Federal, State, and local organi- formance will be judged. It is unclear to me how seriously the zations for the supposed crime of pro- Mr. President, I yield the floor. White House is taking this investiga- viding information, much of it non- The PRESIDING OFFICER (Mr. tion. In many ways it seems to have partisan or bipartisan. The goal is BOOKER). The Senator from New Jer- treated the scandal more as a public re- clear: to make it easier to push sey. lations problem to get past than a seri- through the backdoor what congres- TAX EXTENDERS ACT OF 2013 ous problem to solve and now, get this, sional Democrats have been unable to Mr. MENENDEZ. Mr. President, I they expect the elected representatives pass through the front door, discrimi- come to the floor to call attention to a of the people to roll over and natory policies that seek to silence critical provision in the Tax Extenders rubberstamp a new Presidential nomi- those who dare to oppose them. It is Act, which I wish had received consent nee to head the IRS. They want Con- just the latest in a long and troubling because it is important for creating gress to forget what happened and sim- pattern of Chicago-style tactics under prosperity and economic opportunity ply move on. They expect us to clear this administration, and it is exactly in our country and giving certainty to the way tomorrow and let them ram the kind of political meddling the next businesses in order to achieve that through the President’s new pick to Commissioner needs to ensure never goal. That Tax Extenders Act provides run the IRS. The American people de- happens again. our Nation’s most innovative busi- serve answers about how and why this Let us not forget, the IRS should be nesses with some certainty as they targeting happened. They deserve jus- a boring place, an impartial agency of plan their investments for next year. Every year the Congress extends a tice too. tax collectors, not the vanguard of the I will not be supporting any nominee left. very popular law that provides a tax to lead this agency until the American The next Commissioner needs to see credit to businesses for certain re- people get the answers they deserve. Of to it that the organization finally research expenses. This credit is impor- course, the Democrats in charge of the turns to its mission, and he or she tant for a number of reasons. It creates jobs, it encourages more research, and Senate changed the rules a few weeks needs to root out those who would have it bolsters U.S. competitiveness. back in order to ensure they could get the IRS target Americans for the way Unfortunately, despite the efforts of they think. their way on nominees, no matter what a number of us here in the Congress— Lastly, as I have told the nominee, I the American people think. It is the notably, the distinguished chairman of am deeply concerned about the IRS same kind of attitude we have seen on the Finance Committee—this credit is role in implementing ObamaCare. The the Defense bill, where the majority temporary and has been extended on fact is that ObamaCare represents a leader prevented other Members from what has been an annual basis. That is dramatic expansion of the use of the offering amendments. They will do unfortunate because the lack of long- Tax Code to pick winners and losers. It what they want, even if it means term certainty prevents businesses gives the agency broad new responsibil- breaking the rules. from fully relying on the credit when ities for enforcing ObamaCare’s most If John Koskinen does find himself making their global investment deci- confirmed tomorrow, I want him to onerous mandates and to hand out sions. know a few things. First, he should un- nearly $1 trillion in taxpayer subsidies. I know the Presiding Officer under- derstand I don’t hold any animus to- And in order to do all this, it will need stands this very well, as the State of ward him personally. Under different to know who has insurance, penalize New Jersey has some of the leading in- circumstances, I might well have been those who don’t, and determine who is novative companies in the world that able to support him. We had a good eligible for subsidies and how much very often rely on the research and de- conversation when we met recently to they ought to receive—something the velopment tax credit to make those discuss his nomination, but he is also agency has a very troubled history in millions and sometimes billions of dol- someone I will be keeping a close doing with other programs. If they get lars’ worth of investment in order to watch on, as will the other members of any of that wrong, they will need to produce the next lifesaving or life-en- my conference, as will the American come back and repossess subsidies after hancing drugs or the next technology people, because big challenges lie the fact. breakthrough. ahead for the next IRS Commissioner, In my view, the IRS doesn’t have any In the meantime, at the very least, no matter who he or she may be. business snooping even further into the we can ensure the credit is extended. If We expect the next IRS Commis- lives of our constituents, especially at we can’t make it permanent, it should sioner to cooperate fully with the on- a time when it is already under a cloud be extended in a timely fashion to give going investigation into this scandal. of scandal. It is just one of the many businesses confidence in putting more We expect whoever is eventually con- reasons I opposed ObamaCare in the investment in research in the United firmed to hold those who broke or bent first place and why I continue to op- States in 2014. This bill would extend the rules fully accountable. We expect pose it. the research and development tax cred- the next Commissioner to fairly imple- If the nominee is to become Commis- it for another year, and I sincerely ment the laws he or she is charged with sioner, then at a minimum I expect hope we will be able to get this done executing. him to hold the agency to the highest very soon in order to maximize the To his credit, the nominee has as- standards—the highest standards— credit’s effectiveness and unlock that sured me he agrees with me on a topic when it comes to protecting the pri- investment which creates economic op- I feel very strongly about—that the vacy of the people we all represent. I portunity and jobs and growth in our IRS should stay out of regulating polit- expect him to provide regular trans- economy. ical speech. Let me say that again. The parent updates to Congress on the sta- I yield for my colleague the senior IRS should stay out of regulating polit- tus of implementation and to let us Senator from Ohio to discuss another ical speech. He told me himself he know of any problems as soon as they important provision in this bill.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.004 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S8989 The PRESIDING OFFICER. The Sen- are taxed on whatever money you save. without so much as another temporary ex- ator from Ohio. Imagine getting that tax bill. That is tension, effectively ending the deduction be- Mr. BROWN. I thank the Presiding why the mortgage debt relief extender ginning in 2014. Officer and the Senator from New Jer- is so very important. This is big money for Washington state. An analysis by the Pew Charitable Trusts re- sey, and I ask unanimous consent that Mr. President, I yield the floor. leased this week shows Washington is the the Senator from Washington be al- The PRESIDING OFFICER. The Sen- state most dependent on the sales-tax deduc- lowed to speak following my comments ator from Washington. tion, with 29 percent of filers in the Ever- on the extenders. Ms. CANTWELL. Mr. President, I green State claiming it. The top seven states The PRESIDING OFFICER. Without wish to thank Leader REID, Chairman all have limited or no state income taxes. objection, it is so ordered. BAUCUS, Senator SCHUMER, Senator Filers who claim the deduction typically Mr. BROWN. Mr. President, I am STABENOW, Senator WYDEN, Senator save about $500 off their tax bill. here to join my colleagues in asking BROWN, and Senator MENENDEZ for The fantasy game will likely resume on for unanimous consent—which we will coming to the floor to talk about this Jan. 6: Congress could pass a retroactive exemption, allowing deductions for the full 2014 do formally later on—to pass the Tax important issue of tax extenders and calendar year. They could even pretend it Extenders Act of 2013. why we need to get them done now. had never expired, and, with a sprinkle of The bill will do a number of impor- In the State of Washington taxpayers pixie dust, wipe clean the memory that the tant extensions, including—particu- are opening the morning newspaper 113th U.S. Congress was the least productive larly important for my State—extend- and finding the Seattle Times editorial in the history of the country, passing just 56 ing the health care tax credit or the entitled ‘‘Congress should extend the bills as of Friday. HCTC. It is important that we extend sales-tax deduction.’’ The Seattle Congress should end this game. Pass a per- it for workers and retirees who lose Times has been following this issue for manent sales-tax deduction. their jobs and benefits due to no fault years and knows that taxpayers are Ms. CANTWELL. At New Year’s, as of their own. waiting to find out whether we can the ball drops in Times Square, a num- Extending the HCTC preserves a pro- continue to deduct our sales tax from ber of other tax provisions are going to gram that people in my home State of our Federal income tax obligation. As expire, and the lapse of these impor- Ohio—such as Delphi salaried retirees, Washington is a State that doesn’t tant tax provisions makes it harder for who worked hard and played by the have an income tax, we want parity Americans to invest in clean energy, to rules—know, understand, and trust. with other States and we want to be hire veterans, to pay for public trans- These tax credits are set to expire in able to deduct our sales tax as one of portation, and to build low-income just 2 weeks, at the end of the year. those taxes from our Federal tax obli- housing. While affordable health insurance gations. As my colleague Senator BROWN was will be available on the health ex- Every year millions of Washing- discussing, the Tax Extenders Act of changes, one of the most important as- tonians have to wait to find out wheth- 2013 is about providing predictability pects of the Affordable Care Act— er that particular tax provision is and certainty to citizens and to Amer- ObamaCare—extending the HCTC en- going to be extended. I want to make it ican businesses about tax benefits and sures that retirees who have already permanent, and I hope when we do tax investments. faced a number of transitions can keep reform we will be able to do so. But in On January 1 the commuter tax ben- insurance that is familiar to them the meantime we have to give cer- efit will expire. That will mean an in- while they learn about new options. tainty to the taxpayers in Washington crease in household expenses for 2.7 Extending the tax credit for 1 year is State that as far as these important million public transit commuters. In fiscally responsible. We could and tax policies are concerned, Congress King County, which is the county Se- should do more. We should improve the can act and get things done. attle is in, more than 1,600 employers HCTC and make it permanent, as I pro- Mr. President, I ask unanimous con- use the commuter tax benefit to enable posed in legislation I introduced along sent to have printed in the RECORD employees to get to and from work. with Senators ROCKEFELLER, STABE- that particular Seattle Times edi- If you have ever been in the Puget NOW, HIRONO, and DONNELLY. But in the torial. Sound area, you know that transpor- meantime, we could and should at the There being no objection, the mate- tation and traffic are big issues for us. very least maintain this critical tax rial was ordered to be printed in the So, obviously, trying to defer some of credit for a population that needs it RECORD, as follows: that traffic congestion by getting peo- desperately. That is what this bill does. [From The Seattle Times, Dec. 18, 2013] ple into commuter transportation is a That is why the Senate should move it EDITORIAL: CONGRESS SHOULD EXTEND THE key part of our strategy. But if we take soon by unanimous consent. SALES-TAX DEDUCTION away the certainty and predictability I would like to take a moment to em- Congress needs to end its magical thinking of tax deductions with regard to com- phasize how important the Tax Extend- and pass a permanent federal income tax de- muting, we are going to make our ers Act of 2013 is on a number of other duction for state and local sales tax. transportation problems worse. issues besides the HCTC and credits my Year after year, Washington state tax- On New Year’s Day the tax benefits friends have discussed. payers are forced to play Congress’ aggra- for those employees who take public Among other important measures, we vating game of fantasy role-playing. Alas, transit will be cut nearly in half, from there are no elixirs or elves, although there $245 to $130 per month. We need to ex- should also move to extend the new are a few ogres. markets tax credit and the low-income In this game, Congress pretends it will tend this benefit as a matter of tax housing tax credit. These programs are magically transform into a body capable of fairness. oversubscribed and are able to help re- passing a comprehensive tax bill. Such a bill Transportation is the second largest vitalize communities by leveraging would almost assuredly include a permanent expense in an American household. tens of billions of dollars in private in- federal income-tax deduction for state and American families should be able to vestments. They are among the best local sales taxes, on par with the existing choose whether they want to drive or programs we have for economic devel- permanent deduction for state income taxes. take public transit, and they shouldn’t This matters because some states, such as opment in Ohio and across the country. Washington, have the former, but not the be punished because they are taking a I strongly support that extension. latter. bus or ferry or train. Finally, I would like to associate my- Instead, every year since 2004, Congress has Across Washington State we have self with Senator STABENOW in calling passed a temporary extension of the sales- seen firsthand how the other tax ex- for unanimous consent to pass the Tax tax deduction. Next year, fantastical think- tenders help to actually create an envi- Extenders Act of 2013 in order to ex- ing goes, will be the big fix for the tax code. ronment of certainty and predict- tend mortgage debt relief. Without this Washington’s delegation, led for years by ability for jobs and job creation. These critical extension, homeowners who U.S. Sen. MARIA CANTWELL, has tried to pop are bipartisan principles we can all get this absurdity. So too this year, with Rep. make modifications to their mortgage DOC HASTINGS, R–Pasco, hammering away. behind. or receive loan forgiveness could face a President Obama is on board, recommending Of particular importance to me, as I crippling tax bill. Imagine that. After a permanent sales-tax deduction. But the said, is the State and local sales tax de- you have done a loan modification, you U.S. House left town on Friday for the year duction, which affects many people in

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.005 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8990 CONGRESSIONAL RECORD — SENATE December 19, 2013 our State. Individuals living in other shepherd through a number of different needs to be done ahead of time so States with a State income tax are not times, which needs to get done as a homeowners know what the IRS rules faced with these same challenges. Alas- part of this package or by itself, how- are going to be in 2014, as they are lit- ka, Florida, Nevada, South Dakota, ever we want to do it. We need to make erally making decisions today, tomor- Tennessee, Texas, and Wyoming are all sure struggling homeowners across the row, the next day, over Christmas. in the same boat, and I am sure these country—and in terms of all of the They need to know. If we don’t act, citizens would want to have the sales economy as well—are able to continue homeowners who are offered relief from tax deduction certainty and predict- using tax policy to protect them from their lenders or are thinking about a ability. As a result, an average of $640 not only being hit with a mortgage short sale won’t know if they will be in deductions is real money back into problem that puts them underwater hit with a major tax bill as a result, people’s pockets when they itemize and struggling to keep their homes but and that will affect decisions being those various tax benefits. an extra tax bill on top of it that made. We hope this won’t continue to be a makes absolutely no sense. On average, underwater homeowners burden placed on Washington State. We Let me explain that. At the end of owe $53,000 more on their mortgage need these tax extenders now. the year, a law I offered back in 2007 to than the market value of their homes. Additionally, there are other credits, protect homeowners against unforeseen In some cases, of course, it is much such as the new market tax credit, and unfair tax bills is set to expire. Be- more. For a typical middle-class fam- which is a great program for encour- fore this law, when a portion of a dis- ily, that could mean a tax bill of more aging investment in challenging areas tressed homeowner’s mortgage was than $13,000. Merry Christmas. It is of our country; the biodiesel tax credit; canceled—either in a loan workout $13,000 tax bill you shouldn’t be paying and the veterans work opportunity tax with a bank, a short sale, or even a as you are trying to figure out how to credit, which is a tax credit to encour- foreclosure in some instances—the IRS protect your home. Who would want to age employers to hire veterans. We treated the canceled debt as taxable in- take that risk? have had many of these events around come. Think about that: You are al- Brokers and housing counselors in Washington State, talking to employ- ready struggling with your home. You Michigan have been asking me what ers who have successfully used this tax could lose your home. Or maybe you they should be telling homeowners, and credit. There is also the low-income are able to refinance in some way, we need to act right now so we can tell housing tax credit. I am sure the Pre- work with the bank, get a short sale, them they don’t have to worry about siding Officer probably has projects all and then on top of that get a tax bill this. over his State that have benefited from for whatever the value was of what you This is not just about fairness for the low-income housing tax credit. were able to work out. It makes abso- homeowners. This is about keeping the This is a great incentive to get more lutely no sense. It is, frankly, out- housing recovery alive. The last thing affordable housing built in hard-to- rageous. we want to do is to tax people into serve areas and challenging areas be- The IRS was telling homeowners that foreclosure, where they feel their only cause of high cost. I have already men- money they had already lost on their option is default and walking away tioned the commuter tax benefit. All of home was income, so we have essen- from their home. these are tied to job creation. tially been correcting that since 2007 As we have seen in so many commu- Instead of giving predictability and through a tax change. The IRS before nities, foreclosures and vacant prop- certainty on tax credits, here we are that was taxing families on what is erties destabilize neighborhoods. I can not getting our job done. We should get considered phantom income at the walk from community to community this done as soon as possible. It is time worst possible time for the family. in Michigan and show where that has for Congress to extend these important With the onslaught of the housing happened. They push home values provisions and to make plans accord- crisis, Congress recognized how critical down. We can’t let that happen at a ingly. it was to protect struggling home- time when the housing market and the I hope the IRS could be given the pre- owners from paying this kind of tax on economy are finally recovering. We all dictability and certainty as well in the mortgage debt relief. In 2007, we pro- have a stake in extending this impor- new year about these provisions so vided tax relief for homeowners by ex- tant tax protection for families. that we are not delaying or affecting cluding mortgage forgiveness from I ask unanimous consent to have the tax season at the end of next year. their income for tax purposes. It made printed in the RECORD a letter from the The time to act is now, and I hope sense then, it makes sense now. It ex- National Association of Realtors, and my colleagues will help us get these pires at the end of the year. one from over 200 housing consumer measures—which are usually renewed We came together on a bipartisan and community organizations urging in a bipartisan fashion—done as soon basis. We said to millions of working us to act now. as possible. families, middle-class families strug- There being no objection, the mate- I thank the Chair, and I yield the gling to keep a roof over their head for rial was ordered to be printed in the floor. their families that: If you are strug- RECORD, as follows: The PRESIDING OFFICER. The Sen- gling with an underwater mortgage, NATIONAL ASSOCIATION ator from Michigan. the IRS shouldn’t kick you while you OF REALTORS, Ms. STABENOW. Mr. President, first are down. You can seek relief without Washington, DC, September 27, 2013. I thank my friend and colleague from having to worry about incurring a mas- DEAR SENATOR: On behalf of the more than Washington for her passionate advo- sive tax bill. one million members of the National Asso- cacy, and I join with her and other col- This provision has aided millions of ciation of REALTORS®. I urge you to co- leagues today in supporting the unani- families and helped enable the housing sponsor S. 1187.’’ This bipartisan legislation, mous consent request to pass imme- market to begin to recover. However, introduced by Senators Stabenow and Heller, diately the Tax Extenders Act. There is in too many areas of the country and would extend the current law provisions that allow tax relief for homeowners when lenders no reason not to get this done, as col- for far too many homeowners, the forgive some portion of mortgage debt they leagues have said—absolutely none. housing crisis is far from over. Nearly owe.First enacted in 2007, this critical provi- We are in a situation where there are 6.5 million homeowners are still under- sion has helped millions of financially dis- critical tax policies that will directly water in their mortgages. They owe tressed American families. Unfortunately, affect families. Middle-class families more than their homes are worth. That the provision is temporary and is currently across the country are going to be hit includes 250,000 hard-working families set to expire at the end of this year. Secur- by a number of different policies. in Michigan. Nearly 13 percent of ing this extension is among our highest pri- Small businesses, large businesses, and homeowners nationally are under- orities for 2013. Today’s housing market is finally begin- a number of different entities will be water. Again, 18 percent are in Michi- ning to recover from a devastating multi- affected if we don’t get this passed. gan—above the national average. year decline. However, this recovery is un- I would like to specifically talk It is critical that we extend this pro- even, and there are still too many home- about an urgent priority I have been vision, and it is very important it be owners who find themselves in foreclosure, offering, which we have been able to done before the end of the year. It contemplating a short sale, or attempting to

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.007 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S8991 have an existing loan restructured. Our esti- no additional income with which to pay the we leave here on this particular one be- mates show about 9.6 million homeowners increased taxes and even if they remain cause it has particular need right now, whose homes are still worth less than what deeply underwater after the loan modifica- and that is the mass transit commuter they owe on them. This means that about 20 tion. For example, under the terms of a re- tax benefit. percent of all homeowners with mortgages in cent principal reduction modification offered the U.S. are ‘‘under water.’’ In addition, the a Connecticut homeowner, the homeowner There are about 700,000 commuters in Mortgage Bankers Association estimates would, after the modification, owe nearly the New York metropolitan area, in- there are still 1.45 million homes in the proc- $250,000 more than the house is worth and cluding from the Presiding Officer’s ess of foreclosure. This is down from the face an increase in their annual taxes of over home State, who take advantage of peak of just over 2 million, but way above $10,000 a year, for three years, on a total an- this current incentive. The commuter the average of about 430,000 from the pre- nual income of only $71,000. In order to pro- benefit currently covers up to $245 a housing crisis period of between 2000 and tect homeowners who need principal reduc- month from a person’s income to pay 2006. It is clear that timely enactment of this tions from adverse tax consequences and to for their mass transit commute to and bill is critical to the ongoing recovery of the promote tax equity, QPRI should be ex- housing market. panded to include all residential mortgage from work. So whether you take the If S. 1187 is not enacted, hundreds of thou- debt forgiven due to a decrease in the value subway, bus, train, or drive to work sands of American families starting next of the home or the homeowner’s financial and park, the benefit provides signifi- January will have to pay income tax on condition. cant savings. ‘‘phantom income.’’ They will owe tax on The Mortgage Debt Forgiveness Tax Relief The tradition, unfortunately, in this money they’ve already lost and will be re- Act expires on December 31, 2013. Principal Senate and in this Congress was to quired to pay that tax at a time of dire hard- reduction modifications entered into after treat mass transit as a second-class ship, when they are least likely to have the this date, including those authorized by the means to pay it. Moreover, if the mortgage citizen, because the benefit tradition- recent settlement with JP Morgan Chase, ally had been significantly greater for debt forgiveness provision is allowed to ex- will result in additional tax consequences for pire, many distressed homeowners may de- homeowners. Without an extension, far fewer those who drive and park than for cide to take a pass on opportunities for short modifications will be done and the modifica- those who take mass transit, and we sales, opting instead for continued default tions done will be less sustainable, with have had serious problems. until foreclosure or simply to walk away wide-reaching consequences for homeowners, First, until we changed it a few years from the property. Either way, this would the communities they live in, and our na- back, the mass transit was half the destabilize the communities where such tional economy. The settlements with some benefit of parking and driving. Second, homes are located, as foreclosed and vacant of the large financial institutions which are it was not indexed for inflation the way houses drive down values in the surrounding finally providing modifications with prin- neighborhood. the parking benefit was. So if we let cipal reductions for qualified homeowners this provision expire, the mass transit We hope you will join Senators Stabenow should not end up penalizing the home- and Heller to cosponsor S. 1187 . Please con- owners who have waited so long for assist- benefit will revert to $130 a month, tact Seth Hanlon with Senator Stabenow ance. while those who drive and park will ac- ([email protected] or 4–4822) An extension of the Mortgage Debt For- tually get an increase to $250 for 2014 or Scott Riplinger with Senator Heller giveness Tax Relief Act cannot wait for a because of inflation. ([email protected] or 4–6244) more global tax reform bill; it should be en- We cannot let these transit benefits to be added. acted swiftly. for mass transit users get left behind. Sincerely, Sincerely, To do them is a win-win. It is a win, of GARY THOMAS, NATIONAL SIGNATORIES. 2013 President. course, for those who use mass tran- Ms. STABENOW. Mr. President, this sit—and we have so many in the New AMERICANS FOR FINANCIAL REFORM, is a bipartisan initiative which I have York area. It is also a win for drivers, Washington, DC, December 6, 2013. introduced with Senator HELLER and 18 because every person who is encour- DEAR SENATOR, We write to urge you to other bipartisan cosponsors. To my aged to use mass transit by this benefit support S. 1187, the Mortgage Forgiveness knowledge, it is not controversial. will actually take a car off the road, Tax Relief Act. Extending the qualified principal residence There is no excuse not to act before we remove some degree of congestion, and indebtedness exclusion (QPRI) is of critical leave, and I urge colleagues to do so. allow drivers to move more quickly. importance as we work to resolve the hous- The PRESIDING OFFICER. The Sen- And, of course, it is a win for our envi- ing crisis. More than six years after the ator from New York. ronment, because mass transit is a far mortgage market imploded, we have still not Mr. SCHUMER. Mr. President, I more effective way environmentally of returned to pre-2008 foreclosure levels. In the thank my colleague from Michigan for moving things along. next year, many more homeowners will re- her heartfelt words. I couldn’t agree So when the leader a few minutes ago ceive loan modifications with principal re- with her more. I thank the majority duction under HAMP, the National Mortgage requested the Senate pass the tax ex- Settlement, or through private, proprietary leader and my colleagues from Ohio tenders act, I was disappointed it was modifications. The recent settlement with and New Jersey as well for recognizing blocked, and particularly disappointed JP Morgan Chase, which requires a min- the importance of this package of tax that this benefit was blocked, because imum of $1.5 billion in principal reductions, relief. while we can do it retroactively, it is further ups the ante. Homeowners who need The Tax Extenders Act of 2013 would harder to implement than the others a principal reduction on their mortgage in extend tax relief which business and that are done retroactively, because order to avoid foreclosure should not face a middle-class families in my home State most of them take effect when you pay tax bill. The imposition of tax in these cir- of New York and across the country de- cumstances undermines national housing your taxes in 2015, whereas this one policy. pend on. They are noncontroversial. takes effect month by month. The extension of QPRI will allow many They have received bipartisan support The proposal we are asking for is ex- homeowners to remain in their homes, pay- in the past. And because of the great actly the same as was included in the ing on their mortgages, restoring some small uncertainty over our economy, doing bipartisan negotiated tax extenders measure of financial stability to their lives this quickly and not saying we will do package considered by the Senate Fi- and to their communities. Extension of QPRI it 3 months after they expire makes a nance Committee and passed by the has received uncommonly wide bipartisan great deal of sense. I know my col- Senate on a bipartisan basis for one ad- support across the entire spectrum of stake- leagues on the other side of the aisle holders. ditional year, through 2014. I hope we We would ask that you go further, as well. have objected to all of these. I hope will consider it now, not retroactively QPRI has never reached the majority of they will reconsider, because for the later next year as we did last year. Em- homeowners who need principal reductions good of the economy—which is just be- ployers need to plan whether they will because QPRI is, as a practical matter, only ginning to pick up a little bit—we need provide the benefit. Commuters need to available to homeowners receiving reduc- to do these extenders. elect to take it. And as I said, it is tions on their purchase money mortgage. I am going to talk about four of done on a monthly basis. You can do it Homeowners who refinanced and received them, but one is particularly critical cash-out, or who paid off medical bills or stu- retroactively, but it is much harder. dent loans, or who took out a home equity because it doesn’t work very well I know we have lots of problems here loan to address deferred maintenance on retroactively. The others do. That is between the parties, but we should not their homes, cannot use QPRI to avoid pay- why I urge my colleagues to reconsider hold the mass transit commuters of ing income tax, even though they will have and will ask for a separate UC before America hostage. We should not make

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.002 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8992 CONGRESSIONAL RECORD — SENATE December 19, 2013 them second-class citizens. Their de- the coming year. If it isn’t extended, more like the other body has in effect duction is every bit as important, many taxpayers over 701⁄2 years of age decided to, if not slow walk tax reform, every bit as justifiable, as for those will be surprised with a tax bill when certainly take its time. Last month who drive and park. I hope my col- they transfer funds from their IRA to the news in Washington was full of leagues, before we adjourn this year for their favorite charity in 2014. So this is headlines about various discussions the Christmas holiday, would in the important and, again, is one that truly among the House leaders. You got the Christmas spirit extend this benefit. is in the Christmas spirit. sense—I will let them speak for them- Now I wish to talk about a few other In conclusion, businesses, families, selves—on tax reform issues they ap- credits which are also part of the pack- retirees will pay the price if all of parently were going to take their foot age being blocked right now. One is the these valuable tax relief provisions, off the gas. It does not seem the other new market tax credit. Individuals and and many of the others mentioned by body is poised to move forward any businesses across my State are count- Senator REID, are not extended by the time soon on comprehensive tax re- ing on the new market tax credit. The end of the year. I would hope, in the form. Because there is little indication new market credit program was cre- same spirit of comity that we passed the other body is going to move on ated to stimulate private-sector invest- the budget, we could come together this, my view is letting the incentives ment in economically distressed com- and pass these extenders. They have al- for the renewable energy resources—in munities. It has done exactly that. I ways had bipartisan support. They are, particular solar and wind and other re- have seen it work in Buffalo, Roch- after all, tax reductions. I know my newables and energy efficiency—in ef- ester, Syracuse, and the capital dis- colleagues on the other side of the aisle fect get thrown overboard, in effect trict in New York. believe in tax reductions. To delay sacrificed on this altar of inaction, Over the first decade of the program, them and do them retroactively would would be a huge mistake. If we do that, $20 billion in new market tax credit in- be doing a disservice to our economy we are talking about putting at risk vestment leveraged an additional $25 and to the millions of Americans who thousands and thousands of American billion in capital from other sources to are working or seeking work in our jobs in industries that are critical to finance economic development in com- country today. our country’s energy, environmental munities where financing might be dif- I yield the floor. and economic security. ficult to come by. The PRESIDING OFFICER. The Sen- My view is that having these employ- The program is a proven job creator. ator from Oregon. ers and having these innovative, cut- Between 2003 and 2010, new market tax Mr. WYDEN. Mr. President, before he ting-edge technologies fall off the cliff credit investments created over 500,000 leaves the floor, I commend my col- would be a mistake. That is why it is jobs across the country. Again, it has league from New York for a very fine critical Congress address and extend always had bipartisan support. It is statement. He and I sit next to each these key energy tax benefits as soon sort of a no-brainer. It should be con- other on the Finance Committee, and as possible. tinued. we are going to be working very closely Until the Congress takes the prudent I will now talk about the short line together on these issues. step of broad-based reform of our tax rail tax credit. It is a little like the I have long felt that the best choice system, the American people should new market tax credit in that it is a in terms of looking at these tax issues not be left hanging. We ought to mini- tax credit which encourages private in- is comprehensive tax reform. The re- mize the roller coaster of uncertainty vestment and jobs. ality is the Tax Code in America is a that has been a drag on growth in re- We have short lines all across the dysfunctional mess. It is 100 years old cent years. Passing the Tax Extenders country. They connect the main trunk at this point. I think it is pretty fair to Act of 2013 and extending these impor- lines on rail to the more isolated re- say it looks its age every year. tant expiring provisions delivers a gions. But in those somewhat isolated When it comes to energy—and clearly measure of confidence and continuity, regions are factories. We have opportu- a lot of Senators on both sides of the and it builds a bridge between the cur- nities for tourism, say, in the Adiron- aisle have done a lot of work on this— rent tax system and where all Members dacks, and the short line rail tax credit my preference would be Congress would of Congress ought to hope we end up; helps maintain and renovate the short simplify the various energy provisions, that is, with a modern, progrowth Tax line rail system. replace the dozens of separate incen- Code, worthy of the American economy Rail is very prosperous these days. tives for each energy technology with and ready for the 21st century. The big carriers can maintain the fewer technology-neutral, perform- I have been interested in the subject trunk lines very well. But it is harder ance-based incentives that bring us to for a number of years. I can briefly re- to maintain the short line, and Con- a more level playing field in the energy count some of the history. Rahm gress in its wisdom decided to give a area—a more level playing field, and Emanuel, now mayor of Chicago, and I tax break for those. If you are unfa- one where there would be certainty for introduced the first comprehensive re- miliar, the short line rails are a web of those who are going to do the innova- form effort when he was still in the tracks all over the country connecting tion—those in New Jersey, Oregon, and other body. We were not even able to local businesses and manufacturers to elsewhere, who have those kinds of get a Republican to join us in that ef- interstate rail systems. The unheralded breakthrough innovative ideas and who fort. links that bring raw materials into our are telling us that they badly need to Then Senator Judd Gregg, our former businesses and connect them with get off this roller coaster of extenders colleague from New Hampshire who sat other cities and supply chains must be and have some real predictability for across from me on a sofa every week maintained. Over 50 percent of rail the important innovative work that for 2 years—and I were able to come to- track in my home State is short line needs to be done. gether with a tax reform proposal, rails. Approximately 550 short line rail- Those kinds of incentives should take much of which I continue to believe is roads provide 50,000 miles of track in into account important policy goals of valid. Then our current colleague Sen- the country, and the credit is ex- domestic energy security and reducing ator DAN COATS was willing to work tremely useful in my State, financing this country’s carbon footprint, while with myself and Senator BEGICH and hundreds of thousands of dollars of rail getting the Tax Code more out of the others and he made important con- infrastructure investment annually. It way and letting the free market decide tributions. We very much need to have is used all across the country. We have which technologies break through and a modern progrowth, pro-entrepre- 42 bipartisan cosponsors in the Senate ultimately succeed. It is my view that neurial Tax Code that is up to the chal- for this legislation. So I hope we will what Chairman BAUCUS released yes- lenges of the 21st century. That is my consider this one and pass it. terday—and he consulted with us ex- first choice. Finally, the IRA rollover. The IRA tensively—certainly has some prom- That is not what is in front of us rollover provision is also set to expire, ising ideas in that regard. today. Clearly, when the House made affecting so many retirees. They need With respect to where this debate is the decision to pull back for various to know whether it will be extended in now, I think it is important to be clear reasons, we were faced with the ques- order to plan their charitable giving in about the challenge. It looks more and tion of whether we were just going to

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.009 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S8993 sit by and, as a result of inaction, see the energy in the ground in America a direct result of conversations we had these important renewable energy in- right now and I think we should. We with people in the private sector as to dustries and the jobs they represent should be producing more energy. At what they actually want and need. sacrificed. I hope the Congress, on a bi- the same time, the energy we produce That is how we put this together. partisan basis, will say that is not ac- we should use more efficiently, and it It is also about how the Federal Gov- ceptable and pass the Tax Extenders has all those benefits we talked about ernment can become more energy effi- Act of 2013 on a bipartisan basis. earlier if we do that. cient. We talked earlier about the fact I yield the floor. We still import a lot of oil. In com- that the Federal Government is the I suggest the absence of a quorum. bination with China it contributes to largest user of energy in the world. The PRESIDING OFFICER. The our trade deficit. In fact, the entire Think about that. Our bill basically clerk will call the roll. trade deficit one could say is due to en- says to the Federal Government: Why The assistant legislative clerk pro- ergy imports and trade with China don’t you start practicing what you ceeded to call the roll. alone. By doing away with some of preach. There is a lot of talk about Mr. PORTMAN. Mr. President, I ask those energy imports, because we are green energy, green technology, and so unanimous consent the order for the using energy we have more efficiently on at the Federal Government level. quorum call be rescinded. here, we are going to see lower trade But actually, it turns out the Federal The PRESIDING OFFICER. Without deficits. Government itself is inefficient. We objection, it is so ordered. The bill creates jobs and that is why have lots of studies that show that. ENERGY SAVINGS AND INDUSTRIAL it is supported by over 260 trade asso- More importantly, we have ideas to COMPETITIVENESS ACT ciations and companies, including the make the Federal Government more ef- Mr. PORTMAN. Mr. President, I rise, U.S. Chamber of Commerce, National ficient and less wasteful. It directs the along with my colleague from New Association of Manufacturers, and oth- Department of Energy to issue rec- Hampshire Senator SHAHEEN to talk ers. But it is also good for the environ- ommendations that employ energy effi- about the Energy Savings and Indus- ment, which is why the coalition also ciency on everything from computer trial Competitiveness Act. This is one includes the Alliance to Save Energy, hardware to operational and mainte- of those pieces of legislation we ought the Sierra Club, and others—again, a nance processes, energy efficiency soft- to pass around here. It is bipartisan. It big reason this passed the Energy and ware, and power management tools. It is good for the country. It is part of an Natural Resources Committee with a also takes the commonsense step of al- energy plan for America that can help bipartisan vote of 19 to 3. lowing the General Services Adminis- bring the jobs back, help fix our trade Simply put, the legislation the senior tration to update building designs to deficit, help make our manufacturers Senator from New Hampshire and I meet efficiency standards that have 1 been developed since those designs more competitive, help save taxpayers have worked on for 2 ⁄2 years makes money, and actually help to clean the good environmental sense, makes good were finalized. They cannot do that environment. That all sounds pretty energy sense, makes good economic now. And that makes no sense. good, doesn’t it, and it does so without sense. It makes sense to help move this The Federal Government has been a single mandate. It does so without economy forward. looking for places to tighten its belt. any new spending. It is fully offset, I visited with businesses and job cre- Energy efficiency is a very good place and, in fact, I would make the strong ators all over my State of Ohio. They to start. It will save taxpayer money argument it is going to save taxpayers tell me the same thing. Energy effi- and help the environment in the proc- a lot of money. Why? Because putting ciency is critical to their ability to ess. All this adds up to a piece of legisla- energy efficiencies in place in the Fed- compete. Think about it. We do live in tion that Americans across the polit- eral Government, the biggest energy a global economy. We live in an econ- ical spectrum should be able to sup- user in the world, we are going to see a omy where we are competing in Ohio port, again fully offset, no mandates, lot of savings to U.S. taxpayers. not just with Indiana but with India. and requires the Federal Government Over the last several months we have As a result, we have to look at our cost to become more efficient. All this been working to clear a few last few of doing business, and one cost of doing makes sense. hurdles that stand in the way of pass- business of course is labor. We don’t What will the impact be? There is a ing this legislation. I am pleased to say want to compete with developing coun- recent study of our legislation that from what I am hearing from the other tries on labor rates. We want our labor says that by 2025, the Shaheen- side of the aisle—Senator SHAHEEN can rates to be good. We want benefits to Portman legislation is estimated to aid talk more about this—it looks as be good. in the creation of 136,000 new jobs while though we are going to have a good Another aspect we could look at, of saving consumers $13.7 billion a year in shot to move this early next year. course, is the quality of our goods. We reduced energy costs by the year 2030. Before we leave for the holidays, I don’t want to cut corners on the qual- It is the equivalent of taking millions wanted to have a chance to talk about ity of the manufactured product we of homes off the grid. It is the equiva- it a little bit. I know Senator SHAHEEN produce in this country. In fact, we lent of the entire energy use of the did, I know Senator WYDEN, who is want to make sure we produce the best State of Oklahoma, for instance, if we here with us, the chairman, and Sen- in the world. But energy is an area just put some of these commonsense ef- ator MURKOWSKI, the ranking member where we can cut costs. By making our ficiency standards in place. on energy, are all highly supportive of manufacturers more competitive by re- This legislation is not everything ev- this legislation. After all, it got out of ducing their costs, we are going to be erybody wanted. Some of the environ- the Energy and Natural Resources able to compete globally, add more mental groups would like to have gone Committee with a strong bipartisan jobs in the country, and again be able further, and some of the business vote, 19 to 3. This doesn’t often happen to help on our trade deficit. That is groups would probably like to see some with regard to energy policy around why this legislation is so important, other things to help them. But this is this place. This is one of those things because what the Federal Government legislation that is sensible. It will where Republicans and Democrats can do is help the private sector take make a difference. It is bipartisan. It alike can come together to do some- advantage of the best research that is can pass in the Senate significantly, thing good for our country. out there, the best practices that are and it can also be legislation that will It is also important we do it now be- out there, so our companies can reduce be mirrored in the House of Represent- cause it gives the economy a shot in their costs putting those savings to- atives and passed. the arm at a time we need it. There is ward expanding companies’ plants and There is a bicameral interest. A num- a lot of talk in this place about an ‘‘all equipment, hiring more workers. ber of House Democrats and Repub- of the above’’ energy strategy. To me, The proposals contained in this bill licans are on board. They are inter- this fits perfectly with that. On this are very commonsense reforms needed ested in our moving this legislation in side of the aisle we talk a little more for a long time. Again, there are no part so they can then move legislation about the production side. In other mandates on the private sector, none. in the House and we can get it to the words, we ought to be using more of In fact, many of our proposals come as President’s desk for his signature.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.011 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8994 CONGRESSIONAL RECORD — SENATE December 19, 2013 The Secretary of Energy has made We had a great opportunity to pass So I thank Senator PORTMAN, as well energy efficiency one of his new prior- this legislation back in September. Un- as Chairman WYDEN and Ranking Mem- ities. So this is something we should fortunately, we saw some people come ber MURKOWSKI, for all of their help in and can do. to the floor and object because of non- working with us to promote this legis- We all often lament the fact that relevant amendments. But we have an lation and advance the bill. I really there is not much bipartisanship opportunity to come back to it in the look forward to working with those 260 around this place and not much is get- new year to try to pass it again. I am groups, which also include the Alliance ting done; and it is true. It is true. The hoping we can do that. to Save Energy—and it is important to budget agreement was good this week. One reason we are on the floor today recognize them for their support—to be We had to do something. It is far from is to talk about that second oppor- able to bring this bill back, to get it perfect, as I have said, even though in tunity we are going to have. Senator through, and for the first time since the end I voted for it because I think PORTMAN and I have been working on 2007 to get some energy policy done in we need to move forward on this issue some of the bipartisan amendments of- the Senate. and have a budget for the first time in fered for the bill, and we are hopeful So I thank the Chair. Thanks to my 4 years. But this is an example of bi- some of our colleagues who support colleague, Senator PORTMAN, we will be partisan legislation that is positive and those bipartisan amendments, who back after January. that can help move the country for- have authored them, will come on I yield the floor. ward. board with this legislation and help us The PRESIDING OFFICER. The Sen- Any true, all-of-the-above energy get this passed in the new year. ator from Florida. As Senator PORTMAN said, to date, strategy has to include not just pro- DAVIS NOMINATION this legislation has more than 260 en- ducing more energy but using it more Mr. NELSON. Mr. President, I know dorsements from groups that include efficiently. Produce more, use less. we are awaiting the arrival of Senator business, the environment, think That is good for jobs, good for tax- JOHNSON. tanks, and trade associations. Sup- payers, and good for the environment. I wish to take a moment to express porters include everybody from the Mr. President, I yield the floor, and I my appreciation to the majority leader U.S. Chamber of Commerce, the Na- hope we will hear from the Senator for including in the items we will be tional Association of Manufacturers, from New Hampshire who has been my handling before we adjourn for Christ- the Natural Resources Defense Council, partner in this effort for the past 21⁄2 mas the confirmation of Judge Brian and the International Union of Paint- years. ers and Allied Trades. I think any time Davis to the U.S. District Court for the The PRESIDING OFFICER. The Sen- we can get the Sierra Club and the Middle District of Florida. ator from New Hampshire. Judge Davis has been waiting for 2 American Chemistry Council sup- Mrs. SHAHEEN. Mr. President, I am years. This is a good example of how porting a piece of legislation, we know really pleased to be here on the floor things have gone very slowly for a very today with, as the Senator from Ohio we have a good bill that can attract a lot of support. That is where we are in deserving judge. He has been waiting put it so well, my partner Senator this legislation. for 658 days. He has the support of Sen- PORTMAN in developing this energy effi- As we know, passage of the bill was ator RUBIO and myself. The American ciency legislation—the Energy Savings delayed by a small group of Senators Bar Association has found him to be and Industrial Competitiveness Act, back in September. But I think there unanimously well qualified to serve on also known as Shaheen-Portman. It is still remains a real interest in debating the Federal district court, and it is the a long name, but as the Senator from energy efficiency policy on the floor of ABA’s highest rating. Ohio pointed out, it really goes a long the Senate. We have also heard from Judge Davis is a native Floridian way to address some of the energy the House that both Representatives who grew up African American in seg- challenges we face in this country. It is FRED UPTON, chair of the House Energy regated Jacksonville, FL, and despite a win-win-win. and Commerce Committee, and ED those circumstances was accepted to We heard a discussion earlier today WHITFIELD, chair of the relevant sub- Princeton for his college education. He about the importance of renewable en- committee with jurisdiction over en- returned later to the University of ergy as a way to create jobs. This is ergy efficiency, have expressed interest Florida Law School and then became a one of the most important things about in Shaheen-Portman and have said top prosecutor in Jacksonville and 20 our legislation. It does promote job they will move energy efficiency legis- years ago went on the bench as a State creation. As the American Council for lation if the Senate passes a bill. circuit judge. He has an impeccable an Energy Efficient Economy said, Since the bill was taken off the floor, record. He is, in a huge bipartisan way, 136,000 new jobs will be created by 2025 Senator PORTMAN and I have continued embraced by the lawyers who have if we pass this legislation. By 2030, it to work with Chairman WYDEN. He was practiced in front of him. Yet it has would net an annual savings of almost here a few minutes ago and plans to taken 658 days. $14 billion—$13.7 billion for con- come back, hopefully, to speak to the I thank the majority leader and I sumers—and it would lower CO2 emis- legislation. We have been working with thank the Senate. I thank Senator sions and other air pollutants by the Ranking Member MURKOWSKI to incor- GRASSLEY, who initially had concerns, equivalent of taking 22 million cars off porate some of those relevant bipar- but when he looked at the record he the road. tisan amendments that have been had an open mind, and then he saw the So as Senator PORTMAN said so well, cleared by the committee, which I character, the quality, the excellence this is a win for job creation, it is a win talked about a few minutes ago. If we of Judge Davis. for the environment, it is a win for na- can do that—if we can include those There are 37 judicial emergencies tional security, and it is a win for sav- amendments—it would make the legis- around the country, and two of them ing costs. lation even better, and it would secure are in the Middle District of Florida Senator PORTMAN talked about the additional support necessary to ensure where Judge Davis is, and three of importance of continuing bipartisan ef- passage. It would allow us, I hope, as- them are in the Southern District of forts as we saw this week with passing suming the leadership agrees, to bring Florida. The courts are overburdened, a budget. As did Senator PORTMAN, I this bill back to the floor. and we need to fill these vacancies. supported that budget as well, despite I am confident we can pass this legis- So I thank the Senate in advance for some of the misgivings I had about it, lation if we can get it back to the floor. giving this good man, this excellent ju- but I think it was important to work It has bipartisan, bicameral support. It rist, the opportunity to serve in a together to move forward on address- is exactly the kind of smart, affordable greater capacity, to serve his country. ing the issues we face in this country. energy and jobs bill Congress needs to I want my colleagues to know this is a That is exactly what the Energy Sav- pass and the President needs to sign in great Christmas present for me, but it ings and Industrial Competitiveness order to spur private sector growth, in is nothing compared to the Christmas Act would do. It is a bill that will cre- order to save on costs of energy, and in present it is going to be for Judge ate jobs, lower pollution, and save tax- order to address some of the environ- Brian Davis and his family. payer money. mental issues we are facing. I yield the floor.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.013 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S8995 The PRESIDING OFFICER. The Sen- Dr. Yellen has proven through her ex- former insurance commissioner and ator from South Dakota. tensive and impressive record in public knows this as well as anyone in this YELLEN NOMINATION service and academia that she is most body. But flood insurance is one piece Mr. JOHNSON of South Dakota. Mr. qualified to be the next Chair of the for Americans, some of whom live in President, I rise to speak in support of Federal Reserve. We need her expertise low-lying areas, some in flood-prone Dr. Janet Yellen to be chair of the at the helm of the Fed as our Nation areas, but they have been there a long Board of Governors of the Federal Re- continues to recover from the great re- time—like 300 years in our case. They serve System. cession, completes Wall Street reform did not just move down here in the As we continue to recover from the rulemakings, and continues to enhance 1980s. We have been here since the 1780s worst economic crisis since the Great the stability of our financial sector. I and the 1680s. So we have been here a Depression, we need a strong and am excited to cast my vote to confirm long time as a country. We have built thoughtful chairman of the Federal Re- her as the first woman to serve as up a protection, if you will, of good, serve. We need a chair who has learned Chair of the Federal Reserve, and I solid affordable flood insurance over from our economic successes and mis- urge my colleagues to do the same. the last 40 years. We have been build- takes over the past several decades. We I yield the floor. ing levees a long time. Thank goodness need a chair who understands how The PRESIDING OFFICER. The Sen- we are building more of them and monetary policy affects the everyday ator from Louisiana. building them better because our peo- lives of Americans seeking employ- Ms. LANDRIEU. Mr. President, be- ple need them and we could all use ment or saving for retirement, and we fore my colleague leaves the floor, I more of those. I try to provide funding need a chair who understands the im- thank him for his leadership of the for that every chance I can as a mem- portance of implementing Wall Street banking committee in the Senate for ber of that Appropriations Committee. reform to promote financial stability. now several years and his commitment Contrary to some of our critics, we Dr. Yellen has all of these qualities, to try to find the right regulatory are promoting very good policies in and she is ideally suited to be the next framework for the largest banks in our this country about smart growth, how Fed chair. country as well as our community to build stronger, higher, more resil- Dr. Yellen’s experience is unmatched. banks. I think the chairman has had a iently. We are not blind to the chal- She currently serves as a member and lot of challenges, as we all have, and I lenges. But we have right now before vice chair of the Board of Governors. thank him, and for his strong advocacy this body a flood insurance bill that She previously served as a member of of this particular nominee and for his will fix the most pernicious parts of a the Board of Governors in the 1990s. help on so many issues, one of which I ‘‘reform bill’’ that was passed 2 years She was chair of President Clinton’s am going to speak about now with my ago called Biggert-Waters with all the Council of Economic Advisors, and she colleagues from Florida and New York. best intentions, but it had disastrous— served 6 years as president of the San NATIONAL FLOOD INSURANCE PROGRAM disastrous—consequences for people in Francisco Fed. Mr. President, many of us on both New Jersey, Florida, New York, Lou- Dr. Yellen also has an impressive sides of the aisle, from all parts of the isiana, and Texas. academic record. She is a professor at country, have been working very hard There are 5 million policies. Berkeley’s Haas School of Business and for the last year—and some of us even I want to put up one chart, and then was previously a professor at Harvard longer than that—to try to present I am going to turn it over to the Sen- University, as well as a faculty mem- good, solid information to the Senate ators who want to join me. But because ber at the London School of Econom- and to Congress about how important critics say this is just a Louisiana ics. Dr. Yellen graduated summa cum the National Flood Insurance Program issue or this is just a Florida issue or laude from Brown University and re- is in many different dimensions, first this is really not about anything other ceived her Ph.D. in economics from of all for those who live along the than coastal States, let me put that to Yale. rest. That is not factual. It is a dam- Dr. Yellen has written numerous re- coast, which is 60 percent of our popu- aging myth. You can see here on this search papers on the labor market, un- lation in the United States, and those chart that all of the flood maps in ef- employment, monetary policy, and the who live on inland waterways, whether fect are in purple. These are Mardi economy. Her expertise in these areas, it is in the Presiding Officer’s State of Gras colors in honor of our season com- including her understanding of the re- New Jersey or in States such as Penn- ing up after Christmas. But these are lationship between Fed policy and the sylvania, New Mexico, North Dakota— the flood maps in purple that exist as labor market, would be valuable as we not near any ocean—or whether it is in of July 12. These are proposed flood chart the course back to full employ- States such as Florida or Louisiana ment. that do sit, in Florida’s case, on the maps in green and new flood maps in But my colleagues do not have to Atlantic, and in our case the Gulf of yellow. Literally, there will not be a take my word for it. Dr. Yellen’s eco- Mexico. State in the Union—not one State in nomic expertise is borne out by the This is a very important issue be- the Union; not one—that is exempt facts. The New York Times recently cause our businesses and our families from the requirements of Biggert- noted that she was ‘‘the first Fed offi- have to have a system of very strong Waters to produce new flood maps, cial, in 2005, to describe the rise in levees, smart building codes, and ways some of which have not been produced housing prices as a bubble that might of building and expanding our commu- for decades, putting communities that damage the economy.’’ She was also nities with a good flood insurance safe- have never been in a flood zone, in a the first, in 2008, to say that ‘‘the econ- ty net, if you will, or security net, flood zone and then having these per- omy had fallen into a recession.’’ along with levees that do not break as nicious pieces of Biggert-Waters say: The Wall Street Journal recently they did in New Orleans in 52 places OK, you have never flooded, you have analyzed 700 predictions made between and three-quarters of a great inter- never been in a flood zone, but let me 2009 and 2012 in speeches and congres- national city of half a million people in tell you, when you put your house up sional testimony by 14 Federal Reserve a region of almost 1.2 million virtually for sale, your rates are going to go up policymakers and found Dr. Yellen was went underwater. We have to do better 10 percent. It is like stealing, taking— the most accurate. than that because we are the greatest whatever word you want to call it—the At her confirmation hearing, Dr. Nation in the world, we are the great- equity right out of someone’s home. It Yellen displayed her impressive under- est economy, and this is an important is unconscionable, and it must be fixed standing of our complex 21st-century issue for the Nation. now—not a year from now but now. economy. She showed that she under- Some of us in places such as these These rates have gone up in October, in stands the complexities of Fed policy- spend a lot of time thinking about January. making, and that—although abstract levee infrastructure, flood protection, So I am here to say a couple of to many—monetary policy has ripple all of the different pieces. It is not just things. This is a national issue, No. 1. effects that affect the everyday lives of one piece. Insurance is a very impor- No. 2, we are very proud of putting to- workers, savers, small businesses, and tant piece, as my colleague from Flor- gether a great coalition. The leaders of job seekers. ida will explain in a minute. He was a this coalition are Senator MENENDEZ

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.014 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8996 CONGRESSIONAL RECORD — SENATE December 19, 2013 from New Jersey, the Presiding Offi- breached the levees, and that flooded on the oceans in my State or the State cer’s senior Senator, who has worked the bowl called New Orleans, and that of the Senator from Florida or on the so hard; and our Republican leader, for caused lots of economic loss, and they gulf of the State of the Senator from whom everyone has a lot of respect, is are figuring all of that in the flood in- Louisiana or on the bodies of water JOHNNY ISAKSON from Georgia, who is surance premiums. And oh, by the way, such as the Mississippi or Missouri Riv- recognized as an expert in the real es- 40 percent of all those flood insurance ers, are not wealthy people. You tell tate markets of this country. It is his policies are in my State of Florida. them all of a sudden out of the clear expertise. We should listen to him Before we hear from the Senator blue they have to pay $4,000, $5,000, when he says real estate markets are from New York, I want to say this: $6,000 for flood insurance, they do not going to take a terrible hit if we can- Floods come from many sources. Obvi- know what to do. It is a crisis for them. not fix this. ously, floods come from hurricanes. They say to us: Congress, fix this. The final point is that this is not just People used to think hurricanes were This is what we are supposed to do. to help homeowners and businesses; it Florida’s problem. Well, now we know, So in their wisdom, the Senator from is also to save the program because, as because of the experience on the gulf New Jersey, the Senator from Lou- CHUCK SCHUMER, the Senator from New coast, they can do an awful lot of dam- isiana, the Senator from Georgia, the York, has said many times, if we do age in many different ways. Senator from Florida, myself, many not fix this, not only will people not be But oh, by the way, people up in the others have come up with a proposal able to afford the insurance but be- Northeast suddenly realized hurricanes that says: We know flood insurance is cause they cannot, the program will are a problem. Why? Because the ocean broken, but we do not want to see it collapse under its own weight of inac- temperature is rising, and when the broken on the backs of average home- cessibility and unaffordability, and water gets warmer, the frequency of owners. We have a plan that will delay then the taxpayers are going to pick up the storms is more and the ferocity of these increases until 2017, while FEMA a bigger tab. the storms is greater. Thus, in a time studies affordability, and while Con- We could not make any clearer, when it is normally cool water, cold air gress reexamines this issue. stronger arguments. A coalition has temperature, all of a sudden we have a There was an affordability study in come together. We have 60 votes. major storm that comes to a part of Biggert-Waters. Somehow FEMA ig- I see my colleagues from Florida and the country that is completely unpre- nored it. We are not letting that hap- New York. I do not know what their pared, and now not only do you have pen. So that is why we have to act schedules are in terms of time. The all the damage from the water and the here. There are three types of people Senator from Florida is well-versed. wind—and think what happened all the who are in danger. The first are those Again, as through the Chair, the Sen- way up into New England, all the way who know or are about to know they ator from Florida served, before being up into Vermont. You heard about all are going to be hit. They have flood in- a Senator, as an insurance commis- those rivers that suddenly completely surance already and their costs are sioner. I would like for him to add a overran and inundated that little town going to go way up. The vast majority word because our goal today is to ac- with a lot of water, and they are call- are middle-class people. knowledge that, unfortunately, being this a thousand-year storm. The second are those who will be cause of the difficulties we are having But the 1,000-year storm happened a told: Your insurance will not go up, but on process, we are not able to get a year ago. I am not here to speak about when you sell your home it is going to vote, it looks like, before we leave, but climate change, on which I certainly go way up. Any bureaucrat who tells we are under the understanding—and I think we better get our heads out of us, well, that does not affect the aver- want to ask the Senator—that Leader the sand. I am here to talk about an age person—it affects the value of their REID has agreed to call this bill up for immediate problem for the people all home immediately. But it also says a vote, for a cloture vote, in which we up and down the coasts of the United they cannot sell their home. In my have accepted the 60-vote threshold. States; that is, the affordability of area, if flood insurance is going to be We believe we actually have more than flood insurance. Why would not our $8,000 or $10,000 or even $20,000 a year, 60 votes. We just need to get it up when colleagues give us a little Christmas who is going to buy the home, except we come back in early January. present since we have over 60 votes in at a greatly reduced value? Through the Chair, is that the Sen- the Senate, and let’s give some hope to But, my colleagues, there is a third ator’s understanding? those homeowners back home who now group. They do not know who they are. Mr. NELSON. Mr. President, it is my cannot afford flood insurance. FEMA is changing flood maps through- understanding. But in the newfound fe- I want to hear from the Senator from out the country. They will get to your licity and spirit of the season, wouldn’t New York who has been a leader, and State, unless maybe Utah or a State you think that since the real estate his State has suffered. Fortunately, it such as that does not have any flood market along the coast has dried up— is going to take folks like him and the insurance. I do not know. But the vast why? Because if you cannot get flood great Senator from Louisiana to keep majority of our States that either insurance because you cannot afford it, beating this drum to bring some relief bound the Great Lakes, the Pacific you cannot get a mortgage. If you can- to our people who are desperate. Ocean, the Atlantic Ocean, the gulf, not get a mortgage, there are a lot of I yield the floor. the great rivers—the Mississippi, the folks who cannot buy a house. By the The PRESIDING OFFICER. The Sen- Missouri, the Ohio, the Platte—are all way, those who need to sell their ator from New York. going to be affected. houses cannot get the buyers. So what Mr. SCHUMER. Mr. President, I want A year from now your constituents happens to the real estate market in to echo the outstanding words of my are going to come to you and say: Stop places such as the Tampa Bay region of colleagues from both Florida and Lou- this. This will affect the overwhelming Florida, as chronicled by the Tampa isiana. They echo the views of many. majority of States and Senators, even Bay Times—an example that a home- Everyone says the public is exas- if they do not know it now. So our so- owner’s present flood insurance pre- perated with the Congress. Our ap- lution is not an ideological solution, it mium is $4,000; under the new bill, proval ratings are low. They are. Why? is not a solution that picks one side or $44,000. That is unaffordable. It is simply because when huge prob- the other. It says: Put a moratorium What we are merely asking for is lems occur that affect ordinary people, on this until we can figure it out in the that FEMA do an affordability study we seem paralyzed. What is happening right way that does not put the burden while this is delayed for a few years to with flood insurance embodies what I of flood insurance solely on the backs determine what is the affordability. am talking about. Average home- of people who cannot afford it—average If this is supposed to be actuarially owners who purchased flood insurance folks. sound, then that came as a result of through the years for $800, $1,000, are In my State—my good friend from huge losses to the program because of now being hit with bills of $4,000, $5,000, Florida mentioned it—we have people an unusual thing—not a hurricane $6,000. If you are rich, that is nothing. who have struggled to fix their homes called Katrina but because the waters But the vast majority of people who from Sandy, spending tens, even hun- rose, it put pressure on the dikes and it have flood insurance, whether they live dreds of thousands of dollars. Then all

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.016 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S8997 of a sudden they are hit with a huge ty good support building in the House that there are over 3,144 counties—par- flood insurance bill. They are already of Representatives from the Senator’s ishes in our case, boroughs in some—in in debt. delegation in New York as well as the country. But this is the important That is not fair. Just when they other delegations the Senator might be fact here. In 2010, these coastal coun- move back finally into their homes, aware of? ties contributed more than $8.3 trillion, FEMA comes in and tells them in a Mr. SCHUMER. I thank my colleague which is 55 percent of the national year or two they cannot afford to live for that question. Exactly. This is af- economy. I want to underscore that in those homes they fixed. That is in- fecting so many people in so many and highlight its importance. We have tolerable. parts of the country. It does not affect 3,100 counties. But there is a subset of The bottom line is simple. We have a just Democrats or Republicans, con- those counties which is mostly affected good piece of legislation. We would servatives or moderates, Independents by this particular issue, flood control hope we could pass it by unanimous or liberals. The support is building and flood protection, that produces 55 consent, as my colleagues from Florida daily. Senators and Congress Members percent of the GDP for this country. and Louisiana said, as a nice Christ- are getting calls from their constitu- So, yes, this is a homeowner’s issue, mas—not present, because it is not a ents pleading with them to do some- it is a middle-class issue, it is: They present. These are people who deserve thing. are suffering, let’s relieve the pain. But to have this. But it is a nice Christmas So it is my view, it is my under- it is also: We better wake up and real- thought. But if not, we will come back standing that the House is undertaking ize the economic impact this is going in January. That is my expectation. a very similar piece of legislation. I to have on the entire country if this is That is what the leader has told us. We would expect it would pass the House, not fixed. This is not about million- are willing to go through a cloture vote where they do not even need the 60- aires on a beach. It is about the future and bring this legislation to the floor. vote majority. I know in my delegation of the economic strength of America. We expect and hope that we will get it has bipartisan support. As I under- I cannot be more emphatic about the same kind of bipartisan support stand it, in most delegations it has bi- that. It is not overstating our chal- that has helped us put this bill to- partisan support. lenge. This is not about millionaires. It gether with Senators from every part Ms. LANDRIEU. To the Senator from is about the middle class. It is about of the country. Florida, through the Chair, what is the the middle class who need affordable I would say to homeowners: It is my Senator’s understanding of the Florida insurance so they can live where they hope and prayer and indeed expecta- delegation? The Senator has one of the need to work—let me say that again: tion, although around here expecta- largest States in the Union and has one Live where they need to work—not rest tions sometimes are not met, that we of the largest delegations. Is it somewhere they need to vacation. There is a will have this bill on the floor and then thing that the Senator is sensing peo- big myth here that flood insurance is passed so that homeowners, millions of ple are becoming more and more aware about resting on vacation. homeowners across America, can of, not just from the coastal counties Flood insurance is about working breathe a sign of relief; they can stay but throughout all parts of Florida? hard where you need to work to keep in their homes, and flood insurance Mr. NELSON. Mr. President, in re- this economy moving forward. Nothing will be amended in the right way. sponse to the Senator, the Florida dele- could be more clear than in the State Ms. LANDRIEU. Will the Senator gation is clearly united in recognizing of Louisiana, but this is true in Texas, yield for a question? that if you cannot sell your home be- this is true in New Jersey, this is true Mr. SCHUMER. I would be happy to cause you cannot get a mortgage, be- in many places, in California, in our yield for a question. cause the bank requires flood insur- country. Ms. LANDRIEU. Through the Chair, ance, and you cannot afford the flood People live near the water to harvest could the Senator explain a little bit insurance, the real estate market seafood, to produce domestic energy, to more clearly for so many people who starts to dry up. In a State such as manufacture and transport the goods are listening to what we are saying Florida, the real estate market is one necessary to keep this economy mov- this morning, because the Senator has of the main economic engines that fuel ing. been around here a while in leadership. the ability of people to have work and If we shut down these communities When the leader, HARRY REID, rule to be able to support their families. As because of a capricious law such as this XIV’s a piece of legislation, how sure a result, we are seeing in places along that was not well thought through, are we that we are going to get what is the coast with—taking examples: That that was not fully debated the way it required and can we be—I have been was a tenfold increase from 4,000 to should have been throughout this Con- saying I am very confident this vote 44,000, a flood insurance premium, told gress, we are jeopardizing the dreams will occur sometime in a week or two by the Tampa Bay Times. It is not only of not only these particular home- when we get back. What is the Sen- ridiculous, it is stunning to the point owners and business owners, but—and ator’s understanding? that people cannot believe something people will hear this from me—we are Mr. SCHUMER. My understanding is is facing them in their personal lives jeopardizing the future of the economy just that, that in the—even possibly in with their homes that could be so eas- in the United States. the first week when we get back, that ily taken care of if we could get the ap- We cannot let this get any further the leader, having rule XIV’d it, which provals to get the legislation we al- than it has gone or we will start feeling means he can bring it to the floor right ready have 60 votes or more for. They the ramifications. Again, this is not away, can put it on the floor and, of cannot believe people are opposing flood insurance for people resting on course, then people can demand—those bringing up this legislation to fix what vacation. This is flood insurance for opposed—that we invoke cloture so we is so obviously in need of fixing. people working every day because they can proceed to the bill and then vote Ms. LANDRIEU. I thank the Senator need to live where they work to do the on the bill. But if we have 60 votes, we from Florida. I would ask unanimous jobs our economy requires. will be able to meet that cloture bar- consent if we want to extend our col- I showed this flood map graph a few rier. So it is my understanding the loquy, but I think I am going to wrap minutes ago, which is where all of the plan is to actually do it as soon in Jan- up with a few remarks for about 5 min- flood maps are going to be. No State is uary as the first week we get back, utes. exempt, not one—clustered in some which I believe is January 6. If we can- I see the Senator from Texas on the areas, more than others, but not one not do it then, we will be pushing very floor and he may want to speak. But State is exempt. Heads up to Oregon, hard to do it shortly thereafter. let me put a couple of startling facts in Washington, California, Pennsylvania, Ms. LANDRIEU. Is the Senator aware the RECORD. Michigan, of course, the east coast, the of a comparable effort going on in the There are over 450 counties, parishes, gulf coast, and everywhere in between. House? The Senator has been at a cou- and boroughs which are located di- But this is where levees are. I know a ple of news conferences with us. Could rectly on open oceans, the Great lot about levees. Unfortunately, I have the Senator maybe speak for a minute Lakes, major estuaries, or coastal flood to know a lot about them because we to explain, does he think there is pret- plains. We know from our geography have a lot of them. They break too

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.017 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8998 CONGRESSIONAL RECORD — SENATE December 19, 2013 often and breach too often. I am trying has proved it. We are building tremen- bill from the calendar. He has promised to figure out ways to build them higher dous support, and I can only hope we us he will do that the first week we get and better with nickels and dimes and vote as soon as possible within the first back, and then it is our job to deliver trying to piece them together. I was week of coming back. the 60 votes to pass it. If we don’t get surprised there are levees in other Wendy of Metairie, another person 60 votes, the bill will fail and it will be parts of the country that I was not from Jefferson Parish, says: a terrible shame. aware of. This is a big issue, flood pro- I built my house 3 feet above required base I don’t think this bill will fail be- tection, particularly with our sea lev- flood elevation in 1998. cause I know how important this issue els rising, the weather patterns getting Now with elimination of grandfathering, I is for every single Member of this Sen- more erratic, flash floods happening in will be paying $28,000 per year for flood in- ate. I know they are hearing from their deserts. surance. middle-class homeowners, lower in- Why should we be penalized for building come homeowners, businesses, bankers, Colorado is not even around an our houses in compliance? ocean. How could we have millionaires and realtors. All I can say is we are That is a very good question, and I on a beach when there is no beach? I going to have to work over the holi- don’t have an answer for her other than mean, there are millionaires in Colo- days—unfortunately, we would like to to say we hear you and we are changing rado, but there is no ocean. This visual rest but no rest for the weary—and we the law. It was poorly designed, it can some critics have painted is so wrong. are going to have to work hard to con- be fixed, and it should be fixed. It is so distorted. vince many people so we have a suc- Finally, from Baton Rouge, which is What Colorado does have—and look cessful vote when we get back. our capital city now, because so many at Arizona—they have these flash I have hundreds of personal requests people were literally flooded out of floods, important flood controls for I received. I know Senator VITTER has New Orleans in the southeastern part people who even live in dry parts of our received the same. I thank him for his of the State. Baton Rouge is now the country. We have to fix this. help as well. Again, this is a Democrat largest city, almost 500,000 people. The great news is we have a bill that and Republican working together to Ken writes: is broadly supported by both Repub- get the job done. licans and Democrats. I am sorry there My wife and I live on Social Security and I yield the floor. a small annuity from my work. The PRESIDING OFFICER (Ms. is seemingly one objection from the We have lived in this house for 37 years. BALDWIN). The Republican whip. other side, a Republican Senator from All our bills take almost all the income. Mr. CORNYN. As we all learned in Idaho. Many colleagues are talking We constantly look at our finances to see civics class in high school, the purpose with him about lifting his objections. If if there is anything else we can cut or re- of the Senate was to ensure that every duce. he has suggestions for amendments, we State in the Nation had at least two are flexible, we are open to hear any An increase in flood insurance may increase my house note beyond our capacity to votes on important matters that might reasonable suggestions. affect not only the country generally We have more than 60 votes. Around pay for it. Brian of Baton Rouge writes: but also our States. Some of us rep- here, in the old days, when we had 60 resent small States and some of us rep- votes, we could do a lot. My house was built in 1969 before there were flood maps. resent large States. Unfortunately, there are some people I am privileged to represent one that who think we have to have 100 votes to I accepted a job in TN, I thought my house would sell. has 26 million people in it, and we are do anything, and that is a big problem. I have a neighbor who wants to buy my growing by roughly 1,000 or more peo- It is a big problem for our democracy house, but they have withdrawn their offer ple a day. They are moving to Texas because that is not the way it was since they found out how much flood insur- because that is where the jobs are. Our structured to be. ance will be. economy is prospering relative to the However, we are going to continue to Flood insurance rate hikes on this single rest of the country because, as I like to work. I thank the coalition. I wish to property affects 3 families; my family, the tell my friends in this Chamber from read a couple of things into the family I want to buy from, and the family that wants to buy my house. time to time, we still believe in the RECORD, and I will turn the floor over free enterprise system in Texas and the in a minute. I wish to underscore this and then I private sector that creates jobs, oppor- I have on my Web site—and I have will end. I wish everyone to get a pic- tunities, and where people can move to encouraged Senators to have ‘‘My ture of the 5 million people caught in pursue their American dream. Home My Story.’’ There are literally this web. We think: Well, we have a lot Regardless of which party we come hundreds every day that come into my of people in America with 350 million. from or which part of the country we office with a picture of the house and This is 5 million. Let’s say 2 per house. come from or who controls this Cham- their individual stories. I think it is That is only 10 million. This is a very ber, the Senate has historically recog- worth reading one or two into the small number compared to 350. Maybe nized two fundamental rights; the right RECORD briefly. we don’t need to pay attention to the to debate legislation and the right to This is from the New Orleans area 10 million people. offer amendments to legislation. where there are 303,000 policies. This But every home has a buyer and a When those rights are denied, our particular story is from Jefferson Par- seller. Most every home has a bank. constituents—particularly of those of ish, a suburb of New Orleans, which has Most every home has a worker or two us who are serving in the minority— the most insurance policies of any par- or sometimes three in that house. It is are essentially severed. They lose their ish of our State. affecting so many businesses. If this voice. They lose their opportunity to Richard of Metairie writes: gentleman can’t get his finances have their views represented in the My wife and I purchased it as our first and straight, he will leave his job in Ten- amendment process, the shaping of leg- so far only house in the fall of 1997. nessee. The business in Tennessee that islation that could be improved or not. We put down roots, befriended our neigh- is not anywhere near an ocean will be We know that when the minority bors, hosted family gatherings, and cele- affected. voice is quashed—as this majority lead- brated the birth of our daughter. I know I sound a little bit like a bro- er has done time and time again—and If the rate increases we’re hearing about go ken record, and I don’t mean to, but when minority rights are trampled, the forward, you will have succeeded in doing this is serious for the whole country. what Katrina didn’t; break the back of Senate becomes a very different place Southeast Louisiana. I wish to end by thanking HARRY indeed. We have become a place where Homes will be unsellable, businesses will REID for understanding, for hearing us mistakes get made, where purely par- shutter, banks will fail from the doubtless amidst all of the yelling and screaming tisan legislation is passed. The most tens of thousands of defaults that will occur that is going on around here about this obvious current example is ObamaCare, as people simply walk away from their now and that. He has been able to focus and which was jammed through this body worthless homes. understand that this is an important on a party-line vote in the House and I don’t know how much clearer we bill for the country. He has agreed to in the Senate. could be, and this is not an exaggera- use his power—which he has only; only People are finding out that if they tion. The data shows it. The coalition the leader has this power—to pull the like what they have, they can’t keep it.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.019 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S8999 Families of four will not see their pre- to further weaken the rights of the mi- It was amazing to hear the mock hor- miums go down by $2,500. That is the nority and to help President Obama ror of people in this Chamber when kind of thing that happens when the turn the second most important court they found out that our Active-Duty majority succumbs to the temptation in the Nation into a liberal military were being discriminated to jam things through without giving rubberstamp. I am talking about the against and punished by the budget the back-and-forth opportunity, the de- DC Circuit Court of Appeals. Notwith- agreement that was passed yesterday liberation that national legislation— standing the fact this court has the to the tune of roughly $6 billion over 10 legislation that will affect all 300-plus lightest caseload of any of the circuit years. In other words, among every- million Americans—should have. courts, the intermediary appellate body else in the Federal Government, When the majority leader denies courts in the Nation, it literally they were singled out for worse treat- those rights and those opportunities or doesn’t have enough work to do, while ment and were not grandfathered in to those sorts of checks, balances, and the there are other judicial emergencies the pension reforms that were part of natural correction that comes from both at the district court and at the this deal for other Federal Government building consensus in the Senate and appeals court level that need addi- employees. instead resorts to a partisan power tional judges—but because this court is This is one of the things that happens play, mistakes get made and people get the one that reviews many of the ad- when things get jammed through: Mis- hurt. ministrative regulations issued by the takes are made and people get hurt. In Since the majority leader has taken Department of Labor, the Environ- this instance, the people who happen to that role, Senator REID, the senior Sen- mental Protection Agency—in other get hurt are those who wear the uni- ator from Nevada, has filled the words, they are the ones that will do form of the U.S. military and who have amendment tree more than 70 times. the review of ObamaCare regulations served with great hardship in places For those who get bored at the con- or Dodd-Frank regulations—the Presi- such as Afghanistan and Iraq. Some of cept of Senate procedure and how the dent and his allies saw this as an essen- these people have suffered the wounds Senate’s rules actually work, I wish to tial way to stack the court in a way of war—lost a leg, lost an arm, suffered say what that means is effectively the that will rubberstamp his agenda. traumatic brain injury or post-trau- So what happened is the majority majority leader has denied the oppor- matic stress syndrome. What is the leader decided to further erode or basi- tunity to offer any amendments to leg- majority leader’s answer to our at- cally deny the minority any right in islation by ‘‘filling the amendment tempt to fix that mistake in that legis- the process for executive nominations tree.’’ That is the way he actually ac- lation? You are out of luck. And not and judicial nominations and said: You complishes that. just those of us who are trying to fix it, know what. With 51 Democratic votes, By comparison to this majority lead- he is telling those wounded warriors: we can do anything we want—any- er who has done it more than 70 times You are out of luck. since he has been majority leader, the thing—when it comes to nominations. By using the so-called nuclear op- So when power plays take place in previous majority leader, Senator Bill tion, as it has been called, the majority the Senate, when minority rights are Frist of Tennessee, did it 12 times in 4 leader and his allies went against the denied and an opportunity to amend years. Before him, majority leader advice of some pretty wise Members and improve and fix mistakes in legis- Tom Daschle only did it once in 11⁄2 who have been in the Senate for a long lation because of this power play by years. Majority leader Trent Lott of time, and I am thinking particularly the majority leader, and the majority Mississippi did it 10 times in his 5-year about the Senator from Michigan, Sen- party that supports him, people get tenure as majority leader of the Sen- ator LEVIN, who has served for six hurt. These pension cuts will impact ate. Majority leader George Mitchell terms in the Senate and who is going veterans across the country. As I said, did it only three times in 6 years and to be retiring at the end of this next they will even impact combat wounded majority leader Robert C. Byrd did it term. veterans who have been medically re- only three times in 2 years. Prior to that vote, Senator LEVIN tired. This is a provision my colleague In other words, this used to be an ex- warned his fellow Democrats not to from Washington State, the Senate traordinarily rare use of the tool that take up the nuclear option, to leave it Budget Committee chair, called a tech- the majority leader has to block on the table and to walk away, because nical error. amendments to legislation. Majority he said pursuing the nuclear option in As I said, not surprisingly, Members leader Bob Dole did it seven times in this manner removes an important of both parties have come to the floor 1 3 ⁄2 years, about once every 6 months. check on majority overreach, which is since this was highlighted and they By contrast, Majority Leader REID central to our system of government. have called either for rescinding those has done it 70 times. What recourse It is the checks and balances that are cuts to the pension benefits of our Ac- does the minority have when they are so important that Senator LEVIN was tive-Duty members or those who have blocked out of the legislative process talking about. been medically retired or they have on the Senate floor? The only tool we I know most people get bored when proposed to come up with alternative have available to us is to block cloture talking about the process by which measures to reduce the deficit by a because it still takes 60 votes to get to things happen here or don’t happen or commensurate amount. At the very a final passage of legislation. But when the Senate rules, but they happen to be least, the military retirees who have the minority exercises its rights, then pretty important to our democracy and already sacrificed so much for our we are called obstructionists. Because demonstrating respect for minority country should have been exempted. the majority leader has blocked any rights. And when minority rights Well, they weren’t. amendments and denied us an oppor- aren’t respected, we make some pretty I am encouraged there has been some tunity to have a choice in shaping leg- bad mistakes, and I am thinking about talk across the aisle about acknowl- islation, the only recourse we have is two of them right now. edging the problem and the mistake. to say that 41 Republicans will stick We are currently debating the De- Yet instead of taking action today or together and block the legislation, and, fense authorization bill, which is a yesterday, when we passed the budget hopefully, set up a negotiation. But very important piece of legislation, be- deal that discriminated against other what happens more often than not is it cause this is the authorization given to Active-Duty military, we were told: is a politically posturing exercise and our national security agencies, particu- Just wait until next month; we will the majority leader will pull the bill larly the Department of Defense, to be take care of it then. down and rail against the minority as able to function and to keep our coun- It sort of reminds me of why the obstructionists. Well, this is a manu- try safe. Yet once again, the majority most feared words in the English lan- factured crisis. leader is refusing any amendments to guage are sometimes said to be: Don’t This place did not always work the this underlying piece of legislation, in- worry, we are from the government. We way it does now. Last month this re- cluding an amendment which would ad- are here to help. sulted in an unprecedented power grab dress the military pension cuts that These wounded warriors need more by our friends across the aisle when were part of the recent budget agree- than our rhetoric. They need our ac- they violated the Senate rules in order ment that passed yesterday. tion. And they are the ones who are

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.020 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9000 CONGRESSIONAL RECORD — SENATE December 19, 2013 being punished by the strong-arm tac- But when I tried to offer this amend- enjoy being in the majority more. But tics of the majority leader and the ma- ment to recognize the loss of life in the we need to respect minority rights in jority party. Why should they have to line of duty of 11 military members and the Senate because eventually, if you wait? We know things don’t always a Department of Defense contractor serve here long enough, you will find happen on schedule around here. There being awarded the Medal for the De- yourself in the minority, and what goes is time as the world knows it, and then fense of Freedom, which is sort of the around comes around. there is Senate time, and those are civilian equivalent to a Purple Heart, But here is what the majority leader very different things. when we sought to make sure the 30 said before his party took control of Shouldn’t we do everything possible other people who were shot but who this Chamber: now, today, to make sure these folks survived would also be recognized and As majority leader, I intend to run the have peace of mind, particularly during given the appropriate benefits, what Senate with respect for the rules and for the this season of the year? If it was a was the response of the majority leader minority rights the rules protect. . . . The technical error to include military re- of the Senate? Well, about the same as Senate was established to make sure that tirees in the pension cuts, why are we it was for those military pensioners— minorities are protected. Majorities can al- not fixing the problem today? There is ways protect themselves, but minorities can- the people who are wearing the uni- not. That is what the Senate is all about. no good reason. There is zero good rea- form today and are hoping to accrue a son. retirement they can live on when they Back in 2006 I found those words in- These kinds of strong-arm tactics leave the military service. The major- spiring. Today they are a bad joke. need to be called out. Because while I yield the floor. ity leader’s response to both the vic- some people seem to think these are The PRESIDING OFFICER. The Sen- tims at Fort Hood and to Active-Duty technical rules of the Senate and they ator from Oregon. military with regard to their pensions are bored by them—the press doesn’t Mr. MERKLEY. Madam President, I that are now being cut back as a result want to write any stories about them— ask unanimous consent that the Sen- of the vote yesterday, was exactly the what I am here to say is that people ate recess from 12:45 p.m. until 2:15 same: Tough luck. Tough luck. I don’t get hurt by hyper partisanship and p.m. and that the time in recess count care. strong-arm tactics in the Senate. Peo- postcloture; further, that the time As I said earlier, while people may ple get hurt. from 2:15 p.m. until 2:35 p.m. be con- not care about the Senate rules and the Let me tell you about some other trolled by the majority leader or his traditions of the Senate, while they folks who are being shown disrespect as designee and the time from 2:35 p.m. may not recognize this power grab that a result of the strong-arm tactics by until 3:15 p.m. be controlled by the Re- resulted in an unprecedented trampling the majority leader. I have introduced publican leader or his designee. of minority rights in the Senate, when legislation that would allow for medals The PRESIDING OFFICER. Without these sorts of partisan power grabs to be awarded to members of the armed objection, it is so ordered. services and civilian employees of the happen, people get hurt. The ones most people feel today are EXTENDED BENEFITS PROGRAM Department of Defense who were killed Mr. MERKLEY. Madam President, or wounded in an attack perpetrated by the broken promises of ObamaCare, which passed on a party-line vote in my voice is a little weaker than usual a home-grown violent extremist who thanks to a winter cold, but I neverthe- was inspired or motivated by a foreign the Congress. Mistakes get made. People get hurt. less come to the floor today because terrorist organization. there is an issue on which it is impor- Of course, what I am talking about is But today the people who are getting tant not to remain silent; that is, just what happened about 4 years ago at hurt the worst are the people we ought a few days from today more than 1 mil- Fort Hood, TX, when MAJ Nidal Hasan, to be most concerned about—those who who had been radicalized by a Muslim lost their lives in the line of duty in lion people across America are going to cleric the President subsequently put the war on terror, those who have been lose their unemployment benefits. on his kill list, and who was killed in a injured and survived those wounds, and Those benefits are a bridge to the next drone attack in Yemen—Anwar al- those who keep us safe by fighting our job. Those benefits are the foundation Awlaqi. Nidal Hasan had commu- Nation’s wars. These are the people for a family during a rough time while nicated with al-Awlaqi more than 20 being hurt today. searching for that next job. Those ben- different times by email, and over the I will support the underlying Defense efits ensure the stability of the family years he had shown increasing ten- authorization bill, but I did vote and provide a solid foundation for the dencies to blame the United States for against closing off debate yesterday be- children during those weeks and what was happening in the Middle cause I felt the denial of the oppor- months. But instead of maintaining East. He basically ended up declaring tunity to offer amendments and the op- this important bridge for more than 1 war against his own country, even portunity to vote on important correc- million American families, we are while wearing the uniform of the U.S. tions to the bill, which I described a going to allow it to be dismantled on Army. Hasan killed 12 people in Fort moment ago, was a terrible mistake. December 28 of this year, 3 days after Hood, TX—Killeen, TX—while standing But those cries for rationality and rea- Christmas. up and yelling ‘‘allahu Akbar,’’ the cry son were simply ignored. This chart gives a little bit of a feel- often used by suicide bombers and I will vote for the underlying Defense ing for how unemployment is working. other terrorists in the Middle East and authorization bill because it does con- We have the total number of those elsewhere. tain some good work, but I am abso- searching for work in Oregon who can- Clearly, this was not a case of work- lutely outraged on behalf of the people not find a job. We can see how it grew place violence. That is what the gov- I represent in my State, some of whom dramatically in 2008 when the economy ernment called it: workplace violence. I have described, by the majority lead- collapsed and how it has gradually im- This was a terrorist attack, pure and er’s refusal to allow consideration of proved. Yet unemployment remains simple; no more, no less than what any amendments to the bill and his quite high in Oregon—not as high as it happened that killed 3,000 Americans blatant disregard for the rights of my was but still quite high—and it re- on September 11, 2001. And we know constituents. mains quite high across this Nation. what the U.S. Government did in 2001, I close by reminding the majority We have a structure in place where quite appropriately, in my view. The leader what he himself said—words out every State provides 26 weeks of unem- Secretary of Defense exercised his dis- of his own mouth—7 years ago shortly ployment, and then, depending on the cretion to award Purple Hearts and the before his party took control of the unemployment level in different appropriate and commensurate bene- Chamber. And it is amazing to me to States, States take advantage of a Fed- fits that go along with being casualties see how people change around here eral program for emergency unemploy- of war. That was war being declared when they get in the majority. Some- ment, which works a little bit like against the United States. And the times they forget they will not always this: If the State’s unemployment rate U.S. Congress issued an authorization be in the majority. I have been here in is below 6 percent, the State is eligible for the use of military force, recog- the majority, and I have been here in for 14 additional weeks of unemploy- nizing it as an act of war. the minority. I can tell you that I ment for families, so the total goes

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.021 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9001 from 26 weeks to 40 weeks. If the These benefits help families get paralyzing strategy on judicial nomi- State’s unemployment rate is between through a hard time. They help them nees, but there is no tree—the tree he 6 percent and 7 percent, the State is el- pay the mortgage, which solidifies not referred to, the amendment tree—on igible for 28 weeks, for a total of 54 just this family but by preventing fore- judicial nominees. We have seen this weeks—still less than 1 year of unem- closures solidifies the street and the on conference committees, unparal- ployment insurance. If it is between 7 community from the impacts of fore- leled blockade of letting the House and percent and 9 percent, as it is in Or- closure, of empty homes. It has guard- Senate meet together to resolve dif- egon, the total goes to 37 additional ed the family between getting to the ferences in their bills. weeks, which means, with the 26 under- next job and ending up homeless. The PRESIDING OFFICER. The time lying weeks with the State, 63 weeks. If I call upon my colleagues to come to of the Senator has expired. the unemployment rate is over 9 per- this Chamber and pass immediately the Mr. MERKLEY. Madam President, I cent, then the amount is 10 weeks extension of this carefully balanced know we are closing down this body, more, for a total of 73. program which not only directly bene- according to the unanimous consent On December 28, just days from fits families who are doing the hard agreement. I am thankful for the op- today, there will be about 17,000 Orego- work of finding the next job but pro- portunity to address this important nians who will be completely cut off vides a solid foundation for our econ- issue, about the fact that it is wrong to from their unemployment—not ta- omy. This is no time to try to deflate put lumps of coal into stockings of pered, not a few at a time; all of those our economy and throw more people working Americans rather than ex- who have more than 26 weeks right now out of work, but that is what happens tending the emergency unemployment will instantly be cut off. So that is when we cut this program. insurance provisions. 17,000 families or, at an average of 3 in- I encourage my colleagues to think I yield the floor. dividuals per family, 50,000 Oregonians carefully about the fact that this pro- f who are going to get from the Repub- gram was neither a Democratic pro- RECESS licans in this Chamber a big lump of gram nor a Republican program. Think coal in their stocking. carefully about the fact that it was de- The PRESIDING OFFICER. Under Their argument is that we shouldn’t veloped during a Republican adminis- the previous order, the Senate stands keep this program in place because tration, that it was designed to care- in recess until 2:15 p.m. those folks should just go out and get fully pull itself back in as employment Thereupon, the Senate, at 12:45 p.m., jobs. I would remind them that this improved. But what isn’t right is for it recessed until 2:15 p.m. when called to program was set up under a Republican to be cut off completely in this period order by the Presiding Officer (Ms. administration, and it was set up to of ongoing high unemployment. HEITKAMP). balance the fact that in States where While the average in Oregon is be- f jobs are more readily available, the tween 7 percent and 8 percent unem- NATIONAL DEFENSE AUTHORIZA- number of weeks of provided unemployment, we have communities with TION ACT FOR FISCAL YEAR ployment assistance is fewer, and in far greater than 10 percent or 12 per- 2014—Continued States with higher levels of unemploy- cent unemployment. So many families UNANIMOUS CONSENT REQUEST—S. 1834 are wanting that next job. There is ment, where it is virtually impossible The PRESIDING OFFICER. The Sen- nothing better than a job in terms of to find a job because there are so many ator from Montana. applicants for any one job, then the any type of social program. It creates a Mr. BAUCUS. Madam President, last number of unemployment weeks is sense of self-worth, it creates a sense of week I had the opportunity to see greater. structure, and it creates a sense of sat- Charles Dickens’ classic ‘‘A Christmas This was a bipartisan plan, and this isfaction. The families in Oregon want Carol.’’ As my colleagues know, this is plan was implemented when the na- jobs and they are applying, but there a morality tale that highlights the tional unemployment rate was 5.6 per- are not enough jobs to go around. plight of the poor, the less fortunate, cent. The unemployment rate today is That brings me to my next point. and the unemployed. In fact, when 7.3 percent. The bipartisan emergency This Chamber should be considering Charles Dickens began to work on ‘‘A unemployment program that provided program after program to invest in in- Christmas Carol,’’ he was so upset with more than 26 weeks was implemented frastructure and invest in manufac- the plight of youth and children work- when there were 137.3 million Ameri- turing to create jobs. But there are ing in the mines in England, he started cans working—more Americans who those here who have sought to paralyze out to write about that in a novel that were working than today. this Chamber in every possible way, to evolved into a tale about Christmas, So what was good enough under a Re- prevent any improvements, in terms of ‘‘A Christmas Carol.’’ publican administration, under bipar- trying to sustain partisan campaign As I watched ‘‘A Christmas Carol’’ tisan support—that created a careful warfare rather than problem solving. with my wife in Ford’s Theater about a balance between unemployment; that This is an abdication of responsibility week ago, I was struck by the following is, the challenge of getting a job, and as a Senator. The responsibility is to line from the spirit of Jacob Marley. the bridge to the next job—if it worked be here working hard to solve the prob- Here is what he said: then, why not now? Why throw 17,000 lems for families across this Nation, Mankind was my business. The common families in Oregon out in the cold? I not continuing the partisan politics of welfare was my business; charity, mercy, for- hear silence in this Chamber. I don’t the last campaign. bearance, benevolence, was all my business. hear a reply. Why is it justified to ter- The American people see this par- The dealings of my trade were but a drop of minate this program when unemploy- tisan campaigning, and they do not water in the comprehensive ocean of my ment is still high? like it. They want to see problem solv- business. Some of my colleagues want to keep ing. They want to see us coming to- With that line, Dickens was advo- all the special tax breaks for the oil gether to fix things. cating for those less fortunate and companies and all the special tax A few moments ago the colleague voicing his support for economic equal- breaks for the coal companies. But from Texas was on this floor. He was ity. Those words are most appropriate what do they want to give to the fami- saying some things that were extraor- today at this time of year. lies who are looking for work in high- dinarily misleading. He said, basically, I come to the floor today with my unemployment areas, where it is vir- that all of the paralyzing strategies friend, the Senator from Rhode Island tually impossible to find a job? They that his party has employed stem from JACK REED to share our concerns about want to give them a lump of coal. It is a lack of amendments. We have seen the weak labor market, those who have wrong. those paralyzing tactics in every pos- been unemployed for so long, and its Moreover, not only does this program sible responsibility that this body has. impact on the Nation’s 11 million un- help those families directly, but it We have seen them on executive nomi- employed. Senator REED and I are espe- helps the entire economy improve nees. There are no amendments on ex- cially concerned about those who have gradually because those benefits are ecutive nominees. You either approve been without work for an extended pe- immediately spent by these families. them or you do not. We have seen this riod of time.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.023 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9002 CONGRESSIONAL RECORD — SENATE December 19, 2013 It has been 4 years since the end of Mr. REED. Madam President, first more people can benefit correctly and the great recession, and while the Na- let me thank Chairman BAUCUS for his not abuse the system. So I am sure the tion’s economy has been slow to re- very kind words, but also salute the chairman and I are quite willing—I cover, steadily adding jobs, a large sec- President of the United States for his know I am, and I know he is too—to tion of society is still out of work. Of wisdom in announcing that he intends work hard if we need reforms. But we the Nation’s 11 million unemployed, a to appoint the Senator from Montana can’t do that in 10 days. We can’t do little over 4 million of our friends and to be our next ambassador to the Peo- that. We need some time. neighbors are considered long-term un- ple’s Republic of China. I can’t think of So I have joined together with Sen- employed. That means they have been anyone whose integrity, intelligence, ator HELLER to suggest a 3-month ex- without work for 6 months or more. commitment to the Nation, and patri- tension. That will allow us—and this is Most people who find themselves out otism would so well serve and be so a bipartisan effort, and I thank the of work are eligible to receive assist- beneficial to this country as con- Senator from Nevada—to keep people ance from their State for 26 weeks, as tinuing in his public efforts after his from falling off the edge, literally. they look for a new job. But, for far too days in the Senate in the embassy in The average benefit in Rhode Island many, finding a new job in a sluggish Beijing. is about $350 a week. There are very economy has been extremely difficult. I also thank the chairman because he few people who are going to give up a When State aid is exhausted, Federal has been an articulate and effective ad- job to collect about $350 a week. By the emergency unemployment insurance vocate for unemployment compensa- way, that money is going right from kicks in and helps families to help tion benefits for hard-working Ameri- the check to the local grocery store, to make ends meet. However, that safety cans who are without work through no pay for heat or to pay for rent. That is net is now about to expire. It is about fault of their own. This economy has why CBO has estimated that if we don’t to expire in just a couple of weeks. suffered a drastic contraction, begin- extend unemployment benefits, we will In fact, in less than 2 weeks, Federal ning in 2007, 2008, and 2009. We are see- see a situation in which we lose ap- emergency unemployment insurance ing some improvements. During this proximately 200,000 jobs next year will run out. On December 28, 1.3 mil- period, the chairman has been the key which we could have otherwise had, lion people will lose their unemploy- actor, the key force driving for ex- and that we will see our economic GDP ment benefits. These are people who tended benefits. growth shrink by about 0.2 percent, be- are obviously hurting. If they don’t Chairman BAUCUS has been the driv- cause the demand generated by unem- have a job, they would love to find a ing force as well in the context of try- ployment checks going out in the mail job, and if they have a job, they are ing to reform the program. He has im- will be lost. It is one of those programs trying to make ends meet. They are plemented efforts such as work shar- that provides about $1.70, $1.60, for understandably discouraged, unsuc- ing, a proposal I brought to him, that every dollar we invest. So this is about cessful at finding work. is a smart way to do business. It basi- good economics, not just, as Senator We cannot cast them aside. We need cally allows a company to retain their BAUCUS said so eloquently, about our to provide out-of-work Americans the workers for part of the week and let commitment to something beyond our- security they need while they continue them collect benefits for the rest of the selves, to the welfare and the good to look for jobs. We need to help them week, so they keep the workforce to- faith of our neighbors in the spirit of look for work—clearly—and put food gether. In Rhode Island, it has been ex- Christmas, the true spirit of this holi- on the table for their families. tremely beneficial. It is now a nation- day. Extending the jobless aid to the long- The other thing, too, is if we look at wide program because of Chairman time out-of-work must be a priority for this argument: Well, we are not going BAUCUS. this Congress. With the House already to extend the program because of He is working very hard—as he indi- in recess, we will not be able to extend abuse—we can look at a lot of pro- cated, we are working together—to en- emergency unemployment benefits be- grams; we can look at the crop insur- sure that we do not see this cliff where fore the end of the year. But it is my ance program, for example. I don’t hear 1.3 million Americans lose their bene- hope that when Congress returns, we many people saying: Oh, let’s cut out can retroactively extend benefits. fits on December 28. Yesterday, I came to the floor to dis- that crop insurance program because of At the same time, when we return abuse. Just recently, this year, the De- cuss some of the economics behind the next month, we need to explore long- partment of Justice prosecuted a very logic of extending these benefits. I be- term unemployment solutions. We need large, significant case of widespread to- lieve the extensive amount of economic to jump-start policies that will grow bacco crop fraud spanning 6 years. A research supports the very common- our economy more rapidly and create Federal district judge brought to jus- sense notion that I think the vast ma- new jobs. It has to be a dual track: tice an insurance agent and a farmer. jority of our colleagues share: That Benefits for those unemployed but also Prison time was ordered, more than $8 Americans want to work. They are in assistance to find ways for more people million of restitution had to be paid, an environment, however, where jobs to get jobs. but no one is standing up and saying: are scarce. There are two workers for We all care deeply about this. I know Let’s cut crop insurance because of this no one who cares more deeply than my every job, and in some parts of the case. good friend from Rhode Island JACK country that ratio is even much worse. Let’s get realistic. We need to extend REED. He has been working diligently, However, I hear other colleagues say: these benefits, and we need to do it looking at every possible solution to That might be true, but we have to fix promptly because the 28th is just upon try to find a way to make sure unem- this program because we have abuse us. ployment benefits are extended. and we have fraud. The chairman, in Shortly, I will make a unanimous That is why we are working together. his efforts, has always demonstrated consent request, but before that, I wish This issue is under the jurisdiction of that we are committed to rooting out to recognize my colleague, Senator the Finance Committee, but JACK has any type of fraud or abuse. In 2012, for STABENOW. Then, I ask that at 2:30, if worked very hard to ensure these example, we strengthened the require- she could yield the floor back to me so Americans are not cast aside. Senator ment that one has to search for work that I may make my request. REED and I will do all we can to try to to qualify for unemployment com- With that, I yield to the Senator find a solution. pensation. We also improved program from Michigan. I tip my hat especially to the Sen- integrity by having beneficiaries show The PRESIDING OFFICER. The Sen- ator from Rhode Island for all he has up more frequently for in-person as- ator from Michigan. done. He is a tireless advocate for a so- sessments to help them find a job Ms. STABENOW. Madam President, lution for those unemployed. Together, quicker and ensure they receive the Federal emergency unemployment ben- we will try, as Dickens said, to make right benefit amount based on their efits are going to expire on December the common welfare our business. past work history. 28 unless we do something to stop it. Thank you, Madam President. So we want the program to be effi- Right now, there are 11 million The PRESIDING OFFICER. The Sen- cient. We do not want the program to Americans out of work through no ator from Rhode Island. be subject to abuse. That means that fault of their own.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.031 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9003 They are trying to find work, and Will there be food on the table to- too many people who are in their 50s they rely on unemployment insurance night, or tomorrow night, or on Christ- and in their 60s trying to find work and to help them keep food on the table mas night? having a very difficult time for a num- and keep a roof over their heads and These are people who are out of work ber of reasons. their families’ heads, while they search through no fault of their own. She goes on to say: for a new job. People who have lost their jobs are If you don’t pass extensions, my family And now, over 1 million people who already on the ropes. will only have my husband’s Social Security are trying to find work stand to lose They have already seen cuts to un- check coming in, and we’ll lose our home. I their unemployment insurance on De- employment insurance that have made am really scared we will not have this money coming in after December 28th, and I don’t cember 28 because Congress has not it harder to make ends meet. know what we will do. acted. And now Congress is threatening to I also heard from Stephen in Dear- Let me repeat that: Just 3 days after pull the rug out from under them. born who wrote me and said: Christmas, 1 million people will lose a These are people who want to work, critical source of income while they This December 28 deadline directly affects who are trying to work, and just need me and my family. I have been unemployed look for work because of us. help getting by while they find a new for 6 months. I have been struggling to keep Letting Federal unemployment in- job. Giving them the benefits they things afloat for my wife and my two young surance expire would be devastating for earned isn’t a ‘‘disservice’’—it is a life- children. families all across the country. line. If these benefits cease at the end of the I have heard from many of my con- This is what little money families month, it will put us even closer to losing stituents in Michigan on just how bad have to get by—and they spend it at everything my wife and I have worked very hard for. this will be, and how it will affect their the grocery store and to pay their bills. families. Without this help, they could lose The reality is, even though the econ- There are stories throughout Michi- their homes to foreclosure. omy is getting better, we still have gan and across our country. At such a critical time in our eco- three people looking for every one job It is astounding that Congress would nomic recovery, we cannot afford an- that is available. At one time it was five people, so we have made some even consider letting this expire, given other wave of foreclosures. progress. But the truth is we still have that unemployment rates in many It is also important to note that this a situation where way too many people States are higher today than they were is unemployment insurance—people in Michigan and across the country—in in 2008 when we passed this law. earned it by working, and in order to fact, almost 11 million people are out In June of 2008, when the President qualify for this assistance, you must be of work, and we have three people signed this law, the national unem- actively looking for a job every week. fighting for every one job that is avail- ployment rate was under 6 percent. Letting the Federal emergency unable. Today, it is 7 percent. employment benefits expire would hurt Even though we are seeing a number We also still have challenges as it re- these families and would send a ripple of great things happening in Michigan, lates to matching up the jobs with the effect through the economy. we are still struggling to create enough skills that people have. Not that people Congress should be helping to create jobs for everyone who needs one. don’t have skills, but they are different And because of that, Michigan just jobs, not pulling the rug out from than the jobs that are available. People moved back into a position where, as a under people looking for jobs. going back to school, they want to State with a high percentage of people There is no reason for this to happen. work. We all want the dignity of finan- out of work, Federal emergency unem- We can pass a bill to extend this crit- cial independence and work. But too ployment benefits have been extended ical help. many people are struggling in an econ- In the past, both parties have always to 36 weeks. omy they did not create, a global econ- This means that people in Michigan worked together to continue emer- omy they did not create. who are trying to find a job get a few gency unemployment insurance when If we do not act—if we do not support more weeks to find something before the economy is struggling. Senator REED’s motion—over 43,000 they lose this critical lifeline. This is not the time to pull the rug people in Michigan, over 1 million But not if we let it expire. out from people looking for work. long-term unemployed people across The story is the same in many States I urge my colleagues to come to- the country will find themselves in a across the country. gether in a bipartisan way to extend devastating situation right after Today, 46 out of the 50 states, includ- unemployment insurance so our fami- Christmas. It makes no sense. I urge ing Michigan, have higher unemploy- lies—and the economy—do not suffer. my colleagues to join together and do ment rates than they did when this law Again, I thank Senator REED who has what we have done with Republican went into effect. been such a champion on this issue. I Presidents, Democratic Presidents, While we are seeing some positive have been proud to partner with him what we have done on a bipartisan signs in the economic numbers, there on behalf of over a million people who basis over the years; and that is to are still almost 11 million Americans are trying to find work and will lose make sure we have a lifeline for people out of work. their unemployment benefits three who are needing temporary help while That is far too many. There are three days after Christmas, on December 28. they look for work. people who are looking for work for I can’t think of anything more dev- I thank the Chair. every 1 job available. astating to families trying to put food The PRESIDING OFFICER. The Sen- And if we don’t act, if we don’t ex- on the table and a roof over their ator from Rhode Island. tend this critical lifeline, then over heads. Mr. REED. Madam President, I ask 43,000 people in Michigan—and over 1 I also thank Senator BAUCUS for his unanimous consent that the Senate million longterm unemployed people leadership on this issue and congratu- proceed to the consideration of Cal- across the country—will face an uncer- late him on his new opportunity for the endar No. 265, S. 1845, the Emergency tain future. future. Unemployment Compensation Exten- We are six days from Christmas; six Specifically, let me read letters that sion Act; the bill be read a third time days from our children waking up and I think tell it all from people in Michi- and passed, and the motion to recon- running to the Christmas tree to see gan. sider be considered made and laid upon what Santa brought them. Regina from Holland writes: the table, with no intervening action And the question facing thousands of I am begging you to extend unemployment or debate. families in Michigan—facing Regina in insurance. I have been unemployed since The PRESIDING OFFICER. The Re- Holland and Stephen in Dearborn—and June. I am almost done with my first tier of publican whip. over a million men and women across unemployment. I have been trying to find Mr. CORNYN. Madam President, it is the country, is: Will there be anything work. I am 59 years old, and that does not unfortunate that the Senate schedule under the tree on Christmas morning? help in finding a job. is chock-full of pending cloture mo- Will there be a house to sleep in on Madam President, let me say we have tions that are controversial or com- Christmas Eve? way too many women—we have way pletely nonurgent nominations. So I

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.030 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9004 CONGRESSIONAL RECORD — SENATE December 19, 2013 would ask the Senator to amend his again completely shutting out this side or next month or maybe even next year consent request to say that the pend- of the aisle from the ability in any way if the majority leader of the Senate ing cloture motions on executive nomi- to effect legislation. continues to run the Senate in such a nations be withdrawn and that fol- So now I am sure those on the other way that we cannot even have debate lowing the disposition of the Defense side of the aisle are going to go out and and discussion. bill, the Senate proceed to consider- say: Oh, the Republicans, look at them, I will tell my colleagues on the other ation of S. 1845, the unemployment in- they will not even agree to an exten- side of the aisle, this is bad for the U.S. surance extension, and that the major- sion of unemployment insurance. Senate, but it is worse for the Amer- ity leader and the minority leader be Won’t you let us have an amend- ican people. We have an obligation to recognized to offer amendments in an ment? Won’t you let us at least have the American people to debate issues, alternating fashion so these important debate and vote on an amendment? to vote on them, to pass legislation issues can be considered this week. I There are some of us who think this that we think is the best outcome. ask for that amended consent request. program can be improved to help those There would be votes I would lose, The PRESIDING OFFICER. Does the who are unemployed. But, no, the way there would be votes I would win, but Senator so modify his request? the Senate runs today it is either take we are not going to have any votes. Mr. REED. I do not modify my re- it or leave it. The galling thing about it is that the quest. I would insist on my request I will tell the Chair and I will tell my Defense bill passed through the Senate since it is the only practical means of colleagues on the other side of the Armed Services Committee in May. So getting the measure passed. aisle, we are getting sick and tired of we went to June, July, August, Sep- The PRESIDING OFFICER. Is there it. We are getting sick and tired of the tember, October, November, and here objection to the request? dictatorial way the U.S. Senate is we are finally maybe going out for the Mr. CORNYN. I object. being run. year and we are going to have an up-or- The PRESIDING OFFICER. Objec- The Senator from South Carolina and down vote—an up-or-down vote—on the tion is heard. I are on the floor to talk about, among Defense authorization bill. That is other things, the National Defense Au- Mr. REED. Madam President, I be- shameful. That is a perversion of ev- thorization Act, the bill that has to do lieve I have a few minutes left—2 min- erything that the U.S. Senate was de- with this Nation’s defense. Are we utes. So before Senator MCCAIN takes signed for by our Founding Fathers, going to be able to have a single the floor, let me make a few more and there is no doubt about it. points that I think are critical. amendment? No. The bill has been out I came to the floor with my friend Last month, the economy did add of the Senate Armed Services Com- from South Carolina to talk about Iran mittee since May. jobs—203,000 jobs. But what we are see- sanctions. But have no doubt—have no So we are not going to address the ing is the average length of unemploy- doubt—I tell my colleagues on the issue of sexual assaults, protecting in- ment is increasing. People are still out dividual rights in light of revelations other side of the aisle, you are doing a of work now an average of 36 weeks. in NSA data collection. I would say to great disservice to the American peo- That is more than 20 weeks longer than my colleagues, the President had a ple, to the men and women who are prerecession levels, and it is longer commission that just made some rec- serving this Nation, by not even fully than the 26 weeks of State unemploy- ommendations. Would it not be appro- debating and amending and voting on ment insurance. priate to take those commission rec- those amendments on this bill. You are That is why we are here asking for ommendations, debate them here on doing a disservice to the men and benefits. People now are averaging a the floor of the Senate, and amend the women who are serving this Nation. much longer time without finding bill so that some of these recommenda- So you should not be proud of this work. This is not a situation where tions by this commission could be en- process we are going through. Some they fall within the State program. acted into law? time today or tomorrow, depending on They have to have these Federal bene- Do we believe that the issue of sur- how many hours go by, we will have a fits, because it is harder and harder to veillance, of NSA data collection, is vote, and I will vote to pass the bill. I find work. not an issue that should be debated on will vote that way because I cannot do I would also suggest, too, that if you the floor of the U.S. Senate? We would this to the American people, to the look at it another way, in 2008, when be doing that—we would be debating, men and women who are serving. There President Bush started this emergency we would be amending, we would be are too many provisions in it that ad- unemployment compensation program, making it better, we would be pro- dress bonuses, special duty, incentive it took the average jobless American tecting the privacy of Americans’ pay, military construction, security— 5.6 months to find employment. Now, lives—if on this floor we were amend- all kinds of issues that are obtained in with the increased long-term unem- ing and debating the Defense author- this bill. So we cannot turn it down, ployment, it takes about 9 months. ization bill. But we are not. We are not. but we cannot make it a bill that the So again, this is a reason why these Are we going to talk about this in- American people should be proud of. In long-term extended benefits are abso- credible issue which has permeated so fact, we should be embarrassed at the lutely necessary. I would hope our col- much debate, both in and outside of the process we are engaged in. leagues would join myself and Senator Congress of the United States, of sex- Frankly, I know the American people HELLER and Chairman BAUCUS and Sen- ual assaults in the military? No. Nope. are not too interested or aware of the ator STABENOW and others and con- We are not going to allow an amend- arcane promises of the U.S. Senate, but tinue to move aggressively forward and ment on the other side of the aisle by steps were taken early and not that see if we can, in fact, extend the bene- the Senator from New York, who has long ago that have changed the entire fits so that many Americans can con- made it her major legislative effort. We U.S. Senate, and it has changed it for tinue to have some assistance and are not going to hear from this side of the worse. some sustenance as they continue to the aisle, where the Senator from Mis- I can assure my colleagues on the look for work. souri has made it her major issue. No, other side of the aisle that it will be With that, I yield the floor. we are not going to debate it. We are very difficult—very, very difficult—for The PRESIDING OFFICER. The Sen- not going to amend it. us to work with our colleagues on the ator from Arizona. What about the issue of detainees? other side of the aisle on most any Mr. MCCAIN. Madam President, I The Senator from South Carolina and I issue when we are being deprived of the just watched again what is going on are not in complete agreement. I had fundamental rights of a U.S. Senator, here on the floor of the Senate. Again looked forward to a debate with him and that is the right to propose an there is a unanimous consent request about how we dispose of the situation amendment, debate, and have a vote, if to pass a major piece of legislation of detainees, each one of whom is cost- that U.S. Senator wishes it. without an amendment, without de- ing a million and a half dollars per No longer are 45 Members on this side bate, without the ability of those on year for their incarceration. of the aisle allowed what should be our this side of the aisle to even have an But, no, we are not going to do any of right—not a privilege, our right—to amendment considered and voted on, that today or tomorrow or next week amend this legislation in order to

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.034 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9005 make it better and make it a better enrich not for peaceful nuclear power Mr. GRAHAM. Well, the Senator is and more effective way to defend this purposes but to make a bomb, how do right. This interim agreement has not Nation. you get them to change their goal? been implemented yet. They have 6 I have been around this body for a I think what Senator MCCAIN is months to reach a final agreement but long time. This may be one of the low- pointing out is very important. The in- also an additional 6 months beyond est points I have seen, particularly in terim deal, like it or not, has legiti- that—a year, basically—to drag out light of the fact that the Defense au- mized enrichment in Iran. How do you these negotiations. thorization bill for 51 years has been go from not dismantling the plutonium The Senator asked the ultimate ques- brought to the floor of the Senate, it reactor—complete dismantling, shut- tion. Does the Senator not believe has been debated, it has been amended, ting down and dismantling the cen- sanctions are the only reason the Ira- sometimes for as long as 3 weeks, and trifuges—and turning the stockpile nians are at the table? now what are we going to do? Some- over to the international community I compliment the administration for time tonight or tomorrow, at some after the interim deal—how do you go putting together an international re- hour, we are going to have the privi- from there to the end game? We are so gime to take the sanctions that Con- lege of voting yea or nay on a bill that far away from an acceptable outcome. gress has passed—over their objections, is vital to our Nation’s security. Dis- I hope people understand what the I might add—to really inflict pain on graceful. French are saying. The French are tell- the Iranian regime—unfortunately, the I see my colleague from South Caro- ing us they do not believe that the Ira- people too. But that is the only reason lina on the floor, and I ask unanimous nian negotiators and the Iranian re- they are at the table. consent to engage in a colloquy with gime are serious about abandoning an But here is the analysis, as I under- the Senator from South Carolina. enrichment program that could break stand it. People in the administration The PRESIDING OFFICER. Without out and produce a nuclear weapon. believe there is a moderate element objection, it is so ordered. I appreciate Senator MCCAIN’s leader- and a hard-line element. Iran is telling IRAN SANCTIONS ship on these issues. Syria, Iran—you the United States and the P5+1: If you Mr. MCCAIN. Madam President, I am name it, he has been there. threaten us with any more sanctions, sure my colleague and friend saw the I would like to ask this question to we will walk away. We are not going to article in the Wall Street Journal this Senator MCCAIN: Does the Senator be- negotiate with a gun to our heads. Now, these are the people who have morning that says ‘‘France Doubts Iran lieve the Iranians when they say they been using a lot of guns and have put a Ready for Nuclear Pact. Foreign Min- are not trying to acquire a nuclear lot of guns to people’s heads and actu- ister Laurent Fabius Questions Wheth- weapon? From the U.S.-Israel point of ally pulled the trigger, killed hundreds er Tehran Is Willing to Abandon the view, what would happen to our na- of soldiers in Iraq, and have created Ability to Build an Atomic Bomb.’’ tions if they had that capability? chaos and mayhem in Syria. They are Really, in the first paragraph of this Mr. MCCAIN. May I say to my friend one of the biggest supporters of state story—I would ask my colleague—is that one of the things that would hap- terrorism. But that is an odd thing for the fundamental problem. There are pen right away—I think it is well them to say, when I believe the only many issues concerning the Iranians known; it is not a secret—is that many reason they are at the table to begin lie, cheat for years and years about nations in the region would then quick- with is because of sanctions. their continued progress toward the ac- ly acquire nuclear weapons. The So my belief is that new sanctions quisition of a nuclear weapon. But I wealthiest ones might just buy one tied to the end game—and this is what would ask my friend from South Caro- from Pakistan. That is not a secret. we have been working on in a bipar- lina, isn’t it really about the most im- But could I ask my colleague this: So tisan fashion. It is not just keeping the portant—let me put it this way: The therefore we now have a period of 6 sanctions alive for the next year; it is most important aspect of this whole months which originally was stated as tying their relief to an outcome that issue of these negotiations is the right the end goal, that an agreement would we all want. to enrich? In other words, will the Ira- be made and finalized and would be I want a peaceful resolution of the nians—haven’t we already given over ready to be put into effect. But then we Iranian nuclear program. If they want to them the right to continue to have hear: Well, maybe it is going take more a peaceful nuclear power program, they the centrifugal spin and the enrich- than 6 months. can have it; just control the fuel cycle. ment process continue so that at some One, haven’t we seen that movie be- That has been my position. point, sooner or later, they may be fore—extended and protected negotia- If they want an enrichment capa- only the turn of a wrench away from a tions, and then the centrifuges, as the bility that has to be monitored by the nuclear weapon? Senator from South Carolina men- U.N. and it is robust and the only rea- Mr. GRAHAM. Senator MCCAIN is ab- tioned, continue to spin. son they will not break out to get a nu- solutely right. The interim deal does Also, wouldn’t it be appropriate for clear weapon is because of U.N. inspec- not dismantle the centrifuges. They the Congress to say to the administrators, that is North Korea. are spinning as we talk. They dis- tion—and, more importantly, to the The movie the Senator talked about connect, not dismantle, some advanced Iranians—that after 6 months, my is the movie called North Korea, where centrifuges that have been installed. friends, the screws are going to tighten you would impose sanctions, you would What people need to realize is that because if they cannot get an agree- relieve them, you would give them the Iranians, over the last decade—par- ment in 6 months, then it would be ap- money, you would give them food, you ticularly the last 3 years—have devel- propriate for there to be additional would reinstate sanctions, and you oped a very mature enrichment pro- pressures that would then hopefully be would have U.N. inspectors to control gram: 18,000 centrifuges. They do not incentives for them to reach a final the progress. The program was never need 20-percent enriched uranium any- agreement rather than the status quo, dismantled. more for these new centrifuges to get which most of us believe is not satis- Don’t repeat the mistakes in Iran to 90 percent, which would produce a factory under this 6-month period. that were repeated in North Korea. uranium-based bomb; they can do it Should there not be some sanctions Dismantle this program before it is too with a 31⁄2-percent stockpile. that would kick in after a 6-month pe- late. So I guess this is the basic question riod, and then the Iranians would know To the administration, we are trying for us as a nation and the world at that if they do not reach an agreement, to help, not hurt. I do not believe there large: Do you believe the Iranians when then the sanctions will be more severe? is a moderate element when it comes they say that they are not trying to de- Perhaps my colleague can explain to to the Iranian nuclear power program. velop a nuclear weapon, that they are me why the Secretary of State and the I think that is a facade. The new Presi- only trying to develop peaceful nuclear administration seem to be so opposed dent is a charming fellow on television, power? Do you believe them when they to us putting more pressure on the but he was a nuclear negotiator in 2004 make that claim given the reality of whole process to be finalized. Six and 2005 for the Iranian regime and their enrichment program, their lying, months seems to be a reasonable openly bragged about how much ad- and their cheating? If their goal is to length of time to get that done. vancement they made during his time

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.035 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9006 CONGRESSIONAL RECORD — SENATE December 19, 2013 negotiating toward an enrichment pro- viewing stand on the May Day Parade, government—as one of the largest gram that could produce a bomb. and we would point out one guy and state sponsors of terrorism in the So this idea that there are hard-lin- say: Well, he is a moderate. He is a world? Is that correct? ers and moderates when it comes to the soft-liner. Well, he is a hard-liner. You Mr. MCCAIN. True. Iranian nuclear program is a mis- know, we hope that—fill in the blank— Mr. GRAHAM. Now, here is the ques- calculation. So we are working on bi- is going to really have a beneficial ef- tion. It is a good question. If they had partisan sanctions, to continue them, fect and that the Russians are going to a nuclear weapon, would they be likely and they can only be relieved when we change and blah, blah, blah. There was to end such activity or would they be dismantle the enrichment program, always this belief about hard-liners and more effective in expanding it? when we dismantle the plutonium reac- soft-liners. We know now from history Mr. MCCAIN. May I interrupt? I for- tor, the heavy water reactor that has that was never the case. got one aspect of Iranian behavior that nothing to do with producing nuclear So now we look at Iran. Oh, there are is the most egregious: their sponsor- power for peaceful purposes, and re- the hard-liners and the soft-liners. ship of Hezbollah. There are 5,000 move the stockpile as the U.N. has rec- Doesn’t that ignore the fundamental Hezbollah from Lebanon, sponsored by ommended. The U.N. resolutions are in fact that there is one man who governs Iran, who are killing Syrians as we force today, are on the books today. Iran and makes all the decisions? That speak at the bidding of the Ayatollah This agreement is to the left of the guy is the Ayatollah. Now that and maybe Rouhani, who is supposed to U.N. Ahmadinejad, the hard-liner—and be a moderate. So the reason we are pushing sanc- Rouhani, by the way, as the Senator Mr. GRAHAM. I think what the Sen- tions in a bipartisan fashion is we want from South Carolina mentioned, ator has just described—the litany of chaos and mayhem spread by the Ira- to avoid a conflict. The Iranian nuclear bragged and bragged about how he de- nian regime that he knows probably program has to be stopped one way or ceived the Americans and the other better than anyone because he spent so the other—through diplomacy and countries when he was the negotiator much time there—it is Hezbollah but sanctions or through force, unless— for Iran. Now he is the moderate. Now also Hamas. They are all in. The people that is the option. I cannot imagine a he is the good guy. So all this is fraud. world with Ayatollahs with nukes. It But I guess the other point that I who create the biggest upheaval for Israel are all in for their buddy Assad, would create a nuclear arms race. The think really needs to be made that we the butcher of Damascus. Without Senator just got back from Saudi Ara- forget is this: In Syria and in Iran— Iran’s support, one of the most evil bia. Sunni Arab nations would want this administration, this President, people on the planet would not have a their own nuclear weapon, and we and this Secretary of State look at chance. would be on the road to Armageddon. these countries as an arms control Doesn’t the Senator believe we are in Israel—my God, how could they sit on issue. They look at Syria as an arms a proxy war between us and the Ira- the sideline and watch a nuclear weap- control issue while from helicopters nians in Syria? That if we don’t—and on be produced by people who threaten they are dropping bombs that are kill- our actions towards whether we are every day to wipe them off the map? ing and massacring women and chil- going to use force or we are not going We are hoping we can produce sanc- dren, while they are committing the to use force, with Assad winning—that tions that would enable and enhance most atrocious acts—on the one hand, our policies toward Syria are affecting the administration’s opportunity to the Secretary of State and his friend the regime’s belief about what we may get a peaceful resolution. Sanctions Sergei Lavrov are removing chemical do about their nuclear program? and diplomacy end the program in a weapons from Syria while planeloads of One thing that might reset our re- peaceful way. This is our last chance. If weapons from Russia fly into Damas- solve as a nation is for the Congress to we get this wrong, history will judge us cus, and they kill people. I am not sure impose additional sanctions so the poorly. They are trying to get a nu- whether a mother in Syria can dis- Ayatollahs will not be confused about clear weapon. They are hellbent. The criminate whether that child was our lack of will in Syria when it comes only thing that will stop them is pres- killed by a chemical weapon or by a to their nuclear program. The bottom sure. conventional weapon. line is, after our debacle in Syria, I want to ask the Senator a question. So here we have the Iranians com- doesn’t the Senator think we have a Why are Japanese banks and other mitting acts of terror all over the problem with the Iranian regime of business entities rushing to do business world, sending the Iranian Revolu- taking us seriously? with Iran when the interim deal—relief tionary Guard into Syria, training The international community is now and sanctions—do you believe that the Bashar Assad’s troops in Iran and send- breaking the sanctions. If new sanc- international community is of the ing them back, sending in supply after tions were imposed in a bipartisan way, mindset that the sanctions are break- supply of weapons to kill Syrians, plots that is the best way to reset the de- ing down, that they are trying to jump to kill even the Saudi Arabia Ambas- bate. ahead of each other to do business with sador here in Washington, DC. Yemen Mr. MCCAIN. I would also point out, Iran, and that if Congress passed a new has tried to smuggle in a whole boat- one, if we are looking for one bright round of sanctions, it would stop that load of weapons from Iran. The list spot, that we see countries in the gulf breakout? Do you think that makes goes on and on of their Persian ambi- and the Middle East aligning with sense? tions throughout the Arab world and Israel in a way that we have never seen Mr. MCCAIN. Well, I think it might. the world, but, by golly, we trust them before. Shouldn’t we listen to the I think this whole perception of the to sit down and negotiate with us seri- Prime Minister of Israel, which is the United States around the world, of our ously on the issue of nuclear weapons. first target of Iran? It is the country weakness, whether it be manifested in This is the most narrow view of Iran about which the Iranians said, and the Middle East with recent—I am sure that has ever happened in history. have not renounced, that it is their my friend from South Carolina saw the So I do not see how we can judge Ira- commitment to ‘‘wiping Israel off the comments of the former high-ranking nian seriousness about really wanting map.’’ Does the Senator think that member of the Saudi Government. The to rein in and eliminate their progress maybe relations between ourselves and Japanese are now starting to go their toward nuclear weapons without con- Israel are at the lowest ebb? own way because they believe the sidering their behavior throughout the Does the Senator think it is an acci- American pivot is not reality. There world, particularly in the Middle East, dent when now the Saudis and leaders are manifestations of this perception of which is one of aggression, terror, and of other countries are outspoken in American weakness all over the world. outright murder of people and desta- their derision of the United States for So I am not sure they believe we are bilizing the entire region to the Iranian a lack of leadership in the Middle East? serious here or most anyplace else. advantage. Finally, isn’t it interesting that the The Senator from South Carolina Mr. GRAHAM. Well, I think the point Russians, for the first time since 1973, raises an excellent point. I seem to re- Senator MCCAIN is making is dead-on. when Anwar Sadat threw them out of member that during the days of the Is it not true that our government has Egypt, are now major players in the Cold War we used to look at the redesignated the Iranian regime—their Middle East?

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Congress has some obli- about these things in shorthand within the 50 States, to offer ideas to improve gation to speak up, to do something the Senate, and perhaps our constitu- bills and to get them on record on im- about it, and to try to help the admin- ents don’t know what we are referring portant issues. istration when we can. to when we say the majority leader has I would hope that we could have a No. 1, a new round of sanctions, if we come in and filled the tree. parliamentary motion in just a few mo- could muster bipartisan support, would I know most Members understand ments to allow this tree to be taken send a great message to the Iranians: this, but what that means is the major- down and to allow the elected rep- We don’t see you the same as we do ity leader comes in and he offers all of resentatives of the 50 States to come Syria. the amendments that could possibly be before the President of the Senate and There was a lot of confusion and dif- ordered at one particular time and, before the American people and offer ferences in the body about what to do therefore, doesn’t give anyone else the different ideas. in Syria. opportunity to offer amendments. That I yield the floor. The Senator has been right for 3 has really been a problem for us on the The PRESIDING OFFICER. The Sen- years on this whole topic, but we are minority side. ator from Texas. where we are. So a new round of sanc- We have that situation now, and per- Mr. CORNYN. In a moment I will tions, bipartisanly passed, would tell haps the motion that will soon be made offer an amendment, and I know the the Iranians that the American Con- by Senator CORNYN will take care of distinguished chairman of the Armed gress and people look at them dif- that. Services Committee is here, but I wish ferently than the problem in Syria. But on this important Defense bill, to lay 5 minutes of groundwork. It would also be a statement in the which has been brought to the floor in The majority leader was down here international community: We are re- a shorthand manner, the majority lead- earlier today talking about all the solved to get this program dismantled er has filled the tree, and there are five ‘‘necessary votes’’ that we have to have by using sanctions. We are not backing amendments offered. before everyone leaves town before the off, so stop this breakout. One of the amendments, amendment holidays. Of course, he was talking Finally to our friends, to the Israelis, No. 2555 by Senator REID of Nevada, about a series of votes on nominees to the Sunni Arab States, wouldn’t it simply does this: Strike the words ‘‘3 that he himself has set up since he is, be welcome news to be tougher on Iran days’’ and put ‘‘4 days.’’ in essence, the traffic cop for the Sen- and to have the Congress reinforce the That is all the amendment does. ate, and he gets to set the agenda uni- message to the Iranians that we are Another amendment: Strike the laterally. going to keep in place sanctions until words ‘‘4 days’’ and insert ‘‘5 days.’’ We know that while the majority they dismantle their program? That is all the amendment does. leader has set up this series of votes on Wouldn’t that be some welcome news There is another amendment that nominations—none of which are urgent in a region that is absolutely desperate says: The act shall be effective 3 days and couldn’t be done in January, and for some good news from America? after enactment. all of which are controversial—the ma- Mr. MCCAIN. I think so. There is another amendment that jority leader is refusing to allow any I thank my colleagues for their for- helps fill the tree: Change the word vote on restoring pension benefits to bearance. I agree with the Senator ‘‘request’’ to ‘‘requested.’’ the men and women of the U.S. Armed from South Carolina. In other words, not substantive Services. I think it is imperative for the Con- amendments, but amendments de- As we have talked about repeatedly gress and our role in the U.S. Govern- signed to simply fill up the parliamen- over the last couple of days, the recent ment that these sanctions be enacted. tary tree and prohibit Members on our budget deal cuts their pension benefits The administration has plenty of time side or other Members from offering a by some $6 billion over 10 years, and we to negotiate, but we want to be pre- substantive motion that might affect have learned that this agreement pared for failure. There is no reason the defense policy of the United States slashes the pension benefits of some of not to make those preparations. of America. our wounded warriors, people who are I began our conversation with the I would simply point this out and re- medically retired. comments of the foreign minister of iterate what Senator CORNYN said ear- Senator MURRAY from Washington, France. That concern is shared by lier today. Since becoming majority the distinguished chairman of the Sen- many of our friends and allies both in leader, our current majority leader, ate Budget Committee, has called this and out of the region. Senator REID of Nevada, has filled the a technical error—a technical error. I note the presence of the Senator tree 79 times—in other words, offered She said it needs to be fixed, but we from Mississippi on the floor. I am sure all the amendments, prohibiting us will do this next year. he has some very important words that from even getting a vote, getting a de- Merry Christmas to our wounded will be translated into English. bate, on an idea that we might have. warriors whose pensions, by virtue of I yield the floor. By contrast, his 6 predecessors com- the legislation that passed yesterday, The PRESIDING OFFICER (Ms. WAR- bined filled the tree only 49 times; in have now been cut. REN). The Senator from Mississippi. other words 79 times by this majority What makes matters worse is they Mr. WICKER. It would be inconceiv- leader and 40 times by the other Demo- have been discriminated against. No able for the senior Senator from Ari- cratic and Republican majority lead- other Federal employee’s pension bene- zona to say anything which I would ers. fits were cut, only those uniformed find offensive or insulting, and I take Senate majority leader Bill Frist military members’ pensions. no offense from his remarks. filled the tree 15 times during his 4 She calls it a technical error. I called I wish to be recognized. We are in years. Democratic leader Tom Daschle it a mistake that needs to be fixed—not morning debate; are we in debate on filled the tree only once during his 11⁄2 next month, not next year, but right the pending question? years. now, today. The PRESIDING OFFICER. We are Trent Lott was majority leader, and Why is it that the majority leader postcloture and the Senator is recog- he did it 11 times in 5 years. George won’t let us fix this right now. Why is nized. Mitchell from Maine, a very distin- it that he is blocking a vote on the rel- Mr. WICKER. I understand that soon guished majority leader, filled the tree evant amendment? Why does he want Senator LEVIN will come to the floor, 3 times in 6 years; and Bob Dole, when to keep our veterans and our active and perhaps there will be an exchange he was majority leader, filled the tree duty military, including our wounded between Senator CORNYN and Senator 7 times in 31⁄2 years. warriors, in limbo during the Christ- LEVIN about a matter that may be The point I am making—and then I mas holidays? coming to a vote sometime in the next will sit down—is that this majority Does he have a good reason for it? Is half hour, and that would be the mo- leader, in an unprecedented manner, it really more important to confirm tion to table the filling of the tree. has filled the tree over and over. Why? some mid-level appointees than to

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Senator INHOFE, veterans get the pensions that they 30 types of bonuses and special pay, $25 my ranking member, is here, and I have earned? million for supplemental impact aid to think he will attest to the fact that we Is it really more important for the local education agencies with military adopted dozens of amendments in our Democrats to jam us with non- dependent children, money to assist committee work on a bipartisan basis. essential, nonurgent nominees than to the Department of Defense in assisting This bill deserves a strong bipartisan take care of the people who sacrificed veterans in their transition to civilian vote of the Senate today, but to do so much for their country? life, provisions for the Special Oper- that the motion to table, which I un- One last question. Is it really more ations Command at $9 billion, $1 billion derstand is about to be made, needs to important to approve all of these nomi- for counter-IED efforts, a provision to be defeated. nees than to honor the men and women require the Department of Defense to I yield the floor. who lost their lives in a homegrown streamline the Department of Defense Mr. MCCAIN. Will the Senator yield terrorist attack at Fort Hood, Texas, management headquarters at all levels for a question? some 4 years ago at the hands of MAJ by changing or reducing the size of Mr. LEVIN. I will be happy to yield. Nidal Hasan, a radicalized major in the staffs and eliminating tiers of manage- Mr. MCCAIN. First, I want to thank U.S. Army who shouted the words ment, cutting functions that provide Senator LEVIN and the Senator from ‘‘Allahu Akbar’’ before he proceeded to little or no added value, and a new land Oklahoma for their leadership and hard mow down 13 people, costing them withdrawal provision that the Marine work on this legislation, and I con- their lives, and to injure 30 more sol- Corps has been working so hard on at gratulate them on the great work they diers and uniformed military who were 29 Palms, CA. This is the No. 1 legisla- have done. injured that day. tive priority of the Marine Corps. The But could I ask the Senator from The majority seems to think of this Commandant explained to us that the Michigan, is this the first time in 51 group of nonurgent, and controversial Marine Corps has spent 6 years ana- years that a defense authorization bill mid-level nominees that we have to get lyzing and preparing for this expansion will be voted on without debate or any this done. That is why he is jamming so the Corps can meet its minimum amendment? this through and not allowing us to training criteria. Mr. LEVIN. There was debate and amend this legislation with a fix to the As General Dempsey, the Chairman amendment on this bill the week be- military pension or to allow us to of the Joint Chiefs of Staff, told us a fore Thanksgiving. So it would not honor the victims at Fort Hood with few weeks ago, the authorities in this be—— the recognition and the benefits that Defense bill ‘‘are critical to the Na- Mr. MCCAIN. Excuse me, without ex- they so richly deserve. tion’s defense and are urgently needed tended debate and addressing the issues Unfortunately, like so much around to ensure we keep faith with the men of sexual assault, NSA, detainees. Have here lately, it is politics all the time, and women, military and civilians, any of those issues been addressed by even if that means sleighting our selflessly serving in our armed forces.’’ debate and amendment on the floor of wounded warriors and refusing to Relative to the question of amend- the Senate? honor 13 brave Americans who were ments which has been raised, we tried Mr. LEVIN. Well, the sexual assault killed by a terrorist attack at a U.S. when this bill came to the floor to get amendments which were pending, as Army base. consent to have amendments relate to my good friend from Arizona knows, I ask unanimous consent to set aside the Defense authorization bill and we were debated. There are about 20-plus the pending motion so that I may offer were unable to get that consent. We sexual assault amendments that are in a motion to concur with amendment tried to get consent to adopt almost 40 the bill so it makes major advances in No. 2602, which is filed at the desk. cleared amendments as a managers’ that area. The PRESIDING OFFICER. Is there package. We could not get consent to In terms of the two amendments that objection? do that. We asked to lock in 13 addi- I think the Senator is referring to—the Mr. LEVIN. Objection. tional amendments for votes on both amendments of Senator MCCASKILL and The PRESIDING OFFICER. Objec- sides of the aisle, but equally divided, Senator GILLIBRAND—there was about a tion is heard. without prejudice as to further amend- day-long debate on those, and there The Senator from Michigan. ments that could be brought up but, was an effort to vote on them. I think Mr. LEVIN. Madam President, I won- again, there was objection. everybody wanted to vote on those two der if the good Senator from Texas Now, at this point, here is where we amendments, but there was objection would consent to my being allowed to are. With the House of Representatives to it. speak for 5 minutes prior to the motion having left for the year, the only way In terms of what I believe the Sen- to table, which I understand is going to we are going to get a defense bill en- ator is driving at, there was a time—I be forthcoming? acted is by passing the bill before us as think it was in 2011 or 2012—when a De- Mr. CORNYN. Responding to the dis- it stands. If it is amended, the bill fense authorization bill was, in fact, tinguished Senator through the Chair, would have to go back to the House of adopted by unanimous consent. I think I would be happy for him to take what- Representatives and the result would there was no debate on the bill that ever time he wishes to make comments be we would get nothing enacted, kill- was finally adopted. now. Since he has made the objection, ing both amendments as well as the Having said that, I happen to agree this would be a good time to do so, if bill itself. It would put the Defense au- this is not the ideal way to adopt a de- he wishes. thorization bill in limbo. fense bill. I have said that over and Mr. LEVIN. I very much appreciate We have never done that. We have over. And I have pointed out the way in the courtesy of the Senator from faced situations similar to this 2 years which we tried to at least get some Texas. of the prior 5. We have always managed amendments adopted, including about The PRESIDING OFFICER. The Sen- to pass a National Defense Authoriza- 30 that had been agreed to and had ator from Michigan. tion Act for 51 straight years. We fol- been cleared, but we couldn’t even get Mr. LEVIN. Let me try in 5 minutes lowed the process in 2 of those last 5 those added. to encapsulate what is in the bill and years, which is not dissimilar to this Now, with Senator INHOFE’s help, we why we are where we are. process which we are following this were able to get much of the material The bill includes numerous provi- year. in those amendments that were worked sions, as the Presiding Officer knows, Does that make this the best way to out between us and the House leaders to sustain the compensation and qual- proceed? No. It is not the best way to so that they are in this bill; not all of ity of life of our service men and proceed. But that is not the choice we the amendments that had been cleared women and their families—the quality face. Our troops and their families and but many of them. But I happen to of life they deserve as they face the our Nation’s security deserve a defense agree with my friends, this is not the hardships that are imposed by con- bill. The bill before us is right for our ideal way to proceed. But we are now tinuing military operations around the troops, for their families, for our Na- where we are, and if we simply reopen world. tion’s security, and it was produced in this bill and do not adopt it the way it

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.039 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9009 is, it then has to go back to the House a Thursday—I recall that—to a Repub- Nidal Hasan, who had become of Representatives, and then there lican lunch, and I went there with 25 radicalized by the same cleric whom would not be a defense bill, with all of amendments and I said: Would you all President Obama targeted on his kill the then-problems that would be cre- agree to cut your amendment requests, list with a drone attack in Yemen, and ated for our troops and their families. which were over 100, down to 25? If I appropriately so. He was an agent of al- So this is the best we can do, but it is can take that and show it to the other Qaida. To now call this workplace vio- not ideal. side, I will see if that is acceptable. lence and not to give us a chance to Mr. MCCAIN. Could I finally say to They agreed to that. recognize the loss of lives in an act of the Senator, I have never seen a proc- I want to repeat that. The Repub- war and to make sure these patriots ess like this before. Maybe there have licans agreed to actually 25 amend- get the benefits they are entitled to is been some parallels, No. 1. No. 2, here ments. So I went to the other side and just wrong. we are on December 19 of 2013 and we I could not get an agreement on the So this is not just about the process, passed a bill through the committee in other side. So that effort was there. it is not just about minority rights, it May. So here we are, many months As far as the amendments are con- is about real people getting hurt and later, taking up a bill because the ma- cerned, the chairman has said several our ability to fix that today. That is jority’s priorities were obviously not to times that we considered these amend- being denied as a result of this process. bring up the Defense authorization bill ments. We did. To be specific, 79 I would conclude by saying the dis- until it was so late we are forced into amendments were put in this bill, of tinguished Senator from Arizona is ex- this cramped procedure. which over half were Republican actly right. The average number of There is no doubt—and I thank the amendments. So we tried our best to amendments since 1996 on the national Senator and my distinguished chair- put everything in there, and it got defense authorization bill is 138 amend- man—that we haven’t debated this bill. down to the point of do we want a bill ments—138 amendments. The average We haven’t debated NSA. We haven’t or do we not want a bill. So I want to number of recorded votes, 111⁄2. The av- debated this issue of sexual assaults, emphasize this is not on the merits of erage number of days we are on the bill with two different opinions here, the the bill. is 8.8. So this is a big, important, pro- sanctions, the detainee issue—all of The bill is a good bill. My colleagues foundly significant piece of legislation, those issues. have heard us more than they want to I remember in the markup we said we yet it is being jammed through here in hear us talk about what all is in this about 24 hours without any oppor- will wait. It is so important, we will bill. It is a good bill. I think it might wait and amend this on the floor. So I tunity to offer amendments. be better than the bill we passed out, Madam President, parliamentary in- don’t think we have done the men and and maybe even the House bill. But women who are serving in the military quiry. Is it correct that no Senator is nonetheless, it is down to that or noth- permitted to offer an amendment to anything but a gross disservice by, in ing. And it is for that reason I think we December, having a bill rammed the House-passed Defense bill while the have to have the bill. majority leader’s motion to concur through the Senate, and that is be- But I agree we have to keep talking cause of a lack of priorities on the part with a further amendment is pending? about how bad the process was to make The PRESIDING OFFICER. The Sen- of leadership. We could have taken this sure that it never happens again. We, bill to the floor of the Senate in June ator is correct. as the minority, are entitled to have Mr. CORNYN. Further parliamentary and we didn’t. What a shame. our amendments, the same as the other The PRESIDING OFFICER. The Sen- inquiry, Madam President. If a motion side, when they become a minority, are ator from Texas. to table the Reid amendment to concur Mr. CORNYN. Madam President, I going to be entitled to have their with a further amendment is success- know the distinguished ranking mem- amendments. ful, would there be an opportunity to ber of the Armed Services Committee With that, I yield the floor. offer my amendment, No. 2602, the Fort is here. I would be glad to yield to him, The PRESIDING OFFICER. The Sen- Hood Purple Heart bill? if I can retain the right to the floor. I ator from Texas. The PRESIDING OFFICER. The Sen- Mr. CORNYN. Madam President, to think he has a few comments he want- ator is correct. ed to make in response to the chair- clarify, I believe the Defense authorization bill will pass this evening. That is MOTION TO TABLE THE MOTION TO CONCUR man. If I can do that, I would ask unan- Mr. CORNYN. Madam President, in imous consent to do so. not in any doubt. The problem is this isn’t just about the process, this isn’t order to offer that amendment and oth- The PRESIDING OFFICER. Is there ers that I believe would be in order and objection? just about minority rights in the Sen- ate, but this is about people getting should be allowed to be offered, I move Without objection, it is so ordered. to table the pending Reid motion to The Senator from Oklahoma. hurt. And the people I am talking Mr. INHOFE. Madam President, let about are our Active-Duty military concur with a further amendment, and me make a couple of comments here. whose pensions have been cut by the I ask for the yeas and nays. Oddly enough, I agree with everything vote we cast yesterday passing the The PRESIDING OFFICER. Is there a the Senator from Arizona said, and the budget deal. All we want to do is fix sufficient second? Senator from Texas. It is true. The that. There appears to be a sufficient sec- process was terrible. There is bipartisan consensus this ond. I have been here—well, I guess be- was a big mistake, and we could pass The clerk will call the roll. tween the House committee and this that, if the majority leader would The assistant legislative clerk called committee—for 22 years, and I don’t allow us, today; it would pass through the roll. think I have ever seen anything like it. the House, as I said yesterday, like a The result was announced—yeas 45, But the effort was there to have a bill hot knife through butter. Everyone nays 55, as follows: early on. I know, in working very agrees this was a mistake, and that is [Rollcall Vote No. 283 Leg.] closely with the chairman—and I have what the process is supposed to do, to YEAS—45 never had an opportunity to work that fix this kind of error before it happens; Alexander Enzi McConnell closely with someone in developing a and now that it has happened, to rem- Ayotte Fischer Moran edy it through an amendment. But this Barrasso Flake Murkowski bill, but we did—that it was his desire Blunt Graham Paul to have a bill, and it is still his desire is exactly what the majority leader is Boozman Grassley Portman to have a bill. The problem is we went denying us the opportunity to do and Burr Hatch Risch through the option that everyone finds why this is so important. Chambliss Heller Roberts Coats Hoeven Rubio so offensive, and I find so offensive, and I mention again, so it not be forgot- Coburn Inhofe Scott it has changed the Senate. The evi- ten, the 12 Americans who were killed Cochran Isakson Sessions dence of that is what happened in this at Fort Hood some 4 years ago by a do- Collins Johanns Shelby mestic terrorist attack, along with 30 Corker Johnson (WI) Thune bill. Cornyn Kirk Toomey We had people who wanted to have others whose lives were changed for- Crapo Lee Vitter amendments. So what I did, I went on ever when they were shot by MAJ Cruz McCain Wicker

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.041 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9010 CONGRESSIONAL RECORD — SENATE December 19, 2013 NAYS—55 We will make those investments while do. Today, a minimum wage worker Baldwin Harkin Nelson replacing the irrational cuts of the se- making $7.25 an hour or about $15,000 Baucus Heinrich Pryor quester with more responsible debt and per year falls below the poverty line, Begich Heitkamp Reed deficit reduction. In fact, the bill ulti- even though they work 40 hours a Bennet Hirono Reid Blumenthal Johnson (SD) Rockefeller mately reduces the debt by about $20 week, 52 weeks a year. Inflation has Booker Kaine Sanders billion more than under the previous eroded the value of the minimum wage. Boxer King Schatz budget that included the full sequester. If the minimum wage had simply kept Brown Klobuchar Schumer Cantwell Landrieu At the same time, I am very troubled pace with inflation since 1968—not Shaheen Cardin Leahy by the fact that the bill pays for raised in real terms but just kept pace Stabenow Carper Levin Tester undoing some of the extreme, across- with inflation—it would be at $10.75 an Casey Manchin the-board cuts of the sequester in part Coons Markey Udall (CO) hour today. That is a wage that would Donnelly McCaskill Udall (NM) by reducing some military pensions. at least keep a family of three above Durbin Menendez Warner That was something pushed for by the the poverty line. Feinstein Merkley Warren lead Republican negotiator, and I am What has happened to the minimum Franken Mikulski Whitehouse Gillibrand Murphy Wyden not happy about it. I believe there are wage is part of a larger trend for Amer- Hagan Murray cuts we can make to defense spending, ican workers. Over the past 50 years, The motion was rejected. but cutting military pensions is not American workers have increased their Mrs. BOXER. I move to reconsider one of them. That is why I am cospon- productivity by 135 percent—a 135-per- the vote, and I move to lay that mo- soring a bill authored by Senator cent increase. But the value of their tion on the table. JEANNE SHAHEEN of New Hampshire wages has not changed, and the real The motion was agreed to. that would replace those cuts to mili- value of the minimum wage has Mrs. BOXER. I note the absence of a tary pensions by closing an indefen- dropped by 33 percent over that same quorum. sible and wasteful corporate tax loop- time. Over just the past few years, The PRESIDING OFFICER (Mr. hole, and I hope we can get that done costs have climbed. Americans are pay- before the cut to military pensions ing more for electricity, rent, auto re- COONS). The clerk will call the roll. The assistant legislative clerk pro- goes into effect. pair, food, childcare, and many others I am also very troubled that the ceeded to call the roll. things. Yet most wages for workers budget deal does not include an exten- Mr. FRANKEN. Mr. President, I ask have stagnated and the minimum wage sion of critical emergency unemploy- unanimous consent that the order for has fallen. ment insurance. Extending this unem- That is why I think one of the most the quorum call be rescinded. ployment insurance is one of the things important ways we can boost our econ- The PRESIDING OFFICER. Without we need to be doing for the economy. omy and help workers and families is objection, it is so ordered. Too many Americans remain unem- to increase the minimum wage. Ameri- Mr. FRANKEN. Mr. President, I ask ployed, and those who have been unem- cans agree. Americans strongly favor unanimous consent to speak as in ployed the longest are facing the expi- boosting the Federal minimum wage to morning business. ration of their unemployment insur- $10.10 an hour. In a recent survey, 63 The PRESIDING OFFICER. Without ance when they need it the most. There percent supported raising the min- objection, it is so ordered. are 65,000 workers in Minnesota and imum wage to $10.10 from the current ECONOMIC RECOVERY millions throughout our country who $7.25 rate. Moreover, the support for in- Mr. FRANKEN. Mr. President, I rise may need this extended unemployment creasing the minimum wage is broad- to speak about some of the important insurance in 2014. These folks are based: The rich, the poor, Republicans work we can be doing to help strength- struggling. They are struggling to find and Democrats all believe we should en our economic recovery and to get jobs and to support their families. raise the minimum wage. more Minnesotans and more Americans Not extending unemployment insur- Increasing the minimum wage will be across the country into jobs. ance will also put the brakes on our good for Minnesota, and there is a par- During the government shutdown in economic recovery. In 2011, the CBO allel effort at the State level to in- October, I came to the floor to talk wrote that aid to the unemployed is crease the State minimum wage. If we about how the shutdown was pre- among the policies with ‘‘the largest increase the Federal minimum wage to venting us from doing the work that effects on output and employment per $10.10, it will affect 462,000 Minnesota people sent us here to do. Every day we dollar of budgetary cost.’’ Without an workers over 3 years. That is 18 percent spent on the shutdown was a day we extension the Council of Economic Ad- of Minnesota’s workforce. It will in- weren’t working together to create visers estimates the economy will gen- crease our State’s GDP by $400 million. jobs and to rebuild the middle class. erate 240,000 fewer jobs by the end of That is something we must fight for. The budget deal we passed this week is 2014. That is why I have been working Extending unemployment benefits far from perfect, but it is my hope it to continue the extension of unemploy- and increasing the minimum wage are will enable us to stop lurching from ment insurance and I will keep pushing crucial things we can be doing to sup- crisis to crisis and focus on the work for the Senate to take up and pass an port the American value that if you we were sent to do. extension when we return in the new work hard, you should be able to sup- This agreement means businesses year. port yourself and your family. will have the stability and certainty Another thing we should do to There is more we can be doing. I am they need to create jobs and strengthen strengthen the economy and help part of the Manufacturing Jobs for our economy, and it allows us to focus working Americans is to raise the min- America initiative that several of my on educating our kids, creating a 21st imum wage. We established a minimum colleagues in the Senate, and headed century workforce, and putting people wage because we believed that no one by the Presiding Officer, have under- back to work. should work full-time, contributing to taken. As part of that initiative, I wish As I said, this budget deal is far from society, and live in poverty. Americans to speak about an issue I have spoken perfect; it is a compromise and, as with value work. We work more hours on av- about on the floor before—an issue I any compromise, it has elements I like, erage than citizens in other developed hear about from manufacturers all over elements I don’t like, and elements countries. The minimum wage is sup- Minnesota—the skills gap. What is the others like and don’t like that may be posed to help guarantee that if a per- skills gap? Recent studies have shown different. In addition to providing some son works hard and plays by the rules, that between one-third and one-half of budgetary certainty for the next 2 they at least will have a roof over their manufacturers in my State of Min- years, the budget deal undoes some of head and be able to put food on the nesota have at least one job they can’t the extreme across-the-board cuts of table. fill because they can’t find a worker the sequester that will enable us to This year marks 75 years with a Fed- with the right skills to fill that job. make more of the critical investments eral minimum wage. However, today, That is the skills gap in Minnesota, but we need to make in education, research because the minimum wage is too low, it is not just Minnesota. This is a na- and development, and infrastructure. it is not doing what it is supposed to tionwide phenomenon. As I roam this

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.003 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9011 floor to talk to my colleagues, every ment system that is agile enough to for grants based on how many jobs one of them knows of this phenomenon keep up with those changing demands. their partnership would create, what in their State. A 2011 survey by That is essential not just so workers the value of those jobs would be to Deloitte found that there were 600,000 will be able to get the different skills those hired, to their company, to the manufacturing jobs nationwide that they need over the course of their community, and how much skin do the were unfilled because of a skills short- working lives; it is also going to be one businesses have in the game or maybe age. of the keys to the United States re- how much the community colleges and It is not just manufacturers either. maining globally competitive. If our the businesses and the State have in There is a skills gap in information workers cannot adapt to the new indus- the game. technology, in health care, and in tries that are constantly forming, we We have millions of open jobs that other sectors that have jobs sitting will lose those jobs to our global com- cannot be filled because of a skills there waiting for skilled workers to fill petitors. There is no better way to an- shortage, and we know these partner- them. There are more than 3 million ticipate and to react to these changes ships are the most direct way to fill jobs in this country that could be filled than to connect businesses directly those jobs. We know that existing part- today if there were workers who had with our schools to get workers exactly nerships are not doing enough and can- the right skills. With too many Ameri- what they need. not do enough, and they need more re- cans unemployed, we have to find a This is also about college afford- sources in order to truly meet the need way to fill those jobs. ability. I have talked before about that exists. So that is exactly what my The thing is we know how to solve Erick Ajax, the CEO of EJ Ajax and bill would address. this problem. We are taking steps to Sons, a metal stamping and sheet As we move forward with this budget solve it in communities in Minnesota metal fabrication company in Fridley, deal, let’s build on the progress it rep- and around the country through part- MN, that was founded by Erick’s resents and set our sights a little high- nerships between businesses and com- grandfather in 1945. Erick and other er. Let’s support working families and munity and technical colleges that are manufacturers partnered with Hen- help people who are struggling to find training up workers and getting them nepin Technical College in Hennepin a job in today’s slowly recovering econ- into high-demand jobs right away. County to set up M-Powered, a fast- omy. Let’s help students and young Let me talk briefly about an innova- track training program to get workers people who have been held back by tive program to bridge the skills gap in what they need for entry-level ad- slow job growth get a foothold in the Minnesota. I recently visited the Right vanced manufacturing jobs. economy. Let’s support partnerships Skills Now Program at the Dunwoody Erick gave me an example of one of between businesses and community and College of Technology in Minneapolis his workers that I found exciting. This technical colleges to fill the jobs that and the South Central Community and is what excites me, and not because it are out there. Let’s make this coming Technical College in Mankato. Those is extraordinary; it is because it is year the year that Congress works for two institutions are working on this something we can duplicate over and Americans and puts Americans back to together. over in this country. When he hires em- work. At South Central I sat with about 8 ployees from these business-technical Thank you. to 10 manufacturers who had helped college partnerships, the way he looks The PRESIDING OFFICER. The as- fund and design their program that at it is that they are on a career ladder sistant majority leader. gives workers the skills they need to that would otherwise not be available. Mr. DURBIN. Mr. President, first let operate a computer numerical control, He told me about one such hire, who me commend my colleague from Min- or CNC, machine. They told me that was really good at his job. So Erick nesota and tell him that I proudly co- between 8 or 10 of them they had more sent him back to school to get his asso- sponsor his legislation. I have had vis- than 50 job openings they could fill ciate’s degree. The guy came back to its throughout my State with commu- that instant. At Dunwoody, their cur- work, continued to be a star, and a few nity colleges and have watched this rent placement rate from the Right years later Erick paid for him to go to work, where they literally bring em- Skills Now Program is 91 percent. You the University of Minnesota, where he ployers and future employees together will have a hard time finding a more got his bachelor’s degree. The guy is at a community college—an affordable effective program. now head of quality control for EJ community college—they get the very Dunwoody likes to emphasize that its Ajax, an incredibly high-skilled job at best training, really focused on the job students often come into the program an advanced manufacturing company. opening, and when it is finished, they after having just been laid off or that Now, understand, this guy graduated go right to work and they make a good they are the long-term unemployed we from college with no debt—zero debt— salary. hear about. After going through the with a great job. When I think about I tell you, I think this is the future. program, they are placing 91 percent of college affordability, I think about This is an excellent idea. I was happy them into good jobs in a growing indus- that story. to support it. I have shamelessly stolen try here in this country. As I have said, we have a skills gap They told me about a student who problem in manufacturing and other it and said it was my idea in a few had a successful career as a massage industries, and we have these partner- places, but I will confess to the Senator therapist. He was doing just fine until ships that are successfully working to on the floor—— he began to experience pain from pre- close that gap. So where do we come Mr. FRANKEN. It is an honor for me arthritic symptoms. That spells trou- here in Congress? Well, I have gone to acknowledge that the Senator has ble for a massage therapist. So he re- around to Minnesota’s community and stolen my idea. searched technical programs and joined technical colleges and talked to busi- Mr. DURBIN. I want to tell him that Right Skills Now, and after going nesses, I have had roundtables, and I I am going to admit this on the floor through the program he relaunched his have talked to national experts in our and give him credit but be happy to career as a machinist. State and from around the country, join him in this effort. Careers are different from what they and the fact is we are not doing this Mr. FRANKEN. I thank the Senator. were a generation ago. Very few people fast enough. Sometimes these partner- And in Illinois the Senator is free to stay working in one job for one com- ships could do a lot more, train up a lot say it is his idea. pany for their entire life anymore. more people, with some extra funding— Mr. DURBIN. I thank the Senator Whether it is because of changing life maybe to buy a really sophisticated very much. circumstances such as the massage machine or to hire an instructor with THE DREAM ACT therapist turned machinist, or because very specialized skills. Mr. President, maybe we will be in of new technologies, most workers So what I am proposing is a competi- session 24 hours, 48 hours, 72 hours, and have many different jobs over the tive grant program in a bill called the then we are finished, the year 2013 course of their working life now, and Community College to Career Fund comes to a close. The unfortunate those jobs require many different Act. Under this program, businesses thing from where I am standing is we skills. We need a workforce develop- and community colleges would apply have missed an opportunity. About 6

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.050 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9012 CONGRESSIONAL RECORD — SENATE December 19, 2013 months ago, we passed a comprehen- They opposed Catholics. They were vir- tirely appropriate and legal. Through- sive immigration reform bill. It had tually against everything. Lincoln out our history, our government has been 25 years in the making. campaigned against them, and eventu- decided which persons should be pros- We know our immigration system is ally they disappeared from the Amer- ecuted and which ones would not be broken. We know it is unfair. We know ican political scene. But their senti- prosecuted based on law enforcement people are suffering because of it. And ments can always be found at every priority and available resources. Past we know we can do better. So we came point in our history. administrations of both political par- together and 68 of us voted on the floor The one part of this immigration bill, ties have stopped deportations of low- of the Senate, about 6 months ago, to as I mentioned earlier, that is near and priority cases. Courts have long recog- pass comprehensive immigration re- dear to me is the DREAM Act. I fought nized their authority to do that. form. to pass it for 12 years. There were In a decision last year striking down I worked on that bill with seven col- times when we called the DREAM Act Arizona’s immigration laws, the Court leagues—four Democrats, four Repub- on the floor of the U.S. Senate, and I reaffirmed that the Federal Govern- licans. We came up with a good bill, would look up in the gallery and it ment has broad authority over who is not a bill I agree with in all of its spe- would be filled with young people, men going to be deported. Republican-ap- cifics, but one that I think is a good, and women wearing graduation gowns pointed Justice Anthony Kennedy, who fair compromise. and mortar boards, to remind people wrote the opinion, said: ‘‘A principle We sent it to the House of Represent- that they were undocumented, offi- feature of the removal system is the atives. They have done nothing—noth- cially unwelcome in America, and yet broad discretion exercised by immigra- ing. They made some statements— their heart was here and their lives tion officials.’’ some encouraging, some discouraging. have been spent here and they were The President’s action is not just The fact is, they never called this bill. just asking for a chance to be part of legal, it is smart. It is realistic. Today Mr. President, 2014 is another oppor- our future. Some heartbreaking mo- there are millions of undocumented tunity for the House of Representatives ments when the amendment was de- immigrants in the United States. The to rise to this challenge, and I hope feated on the floor of the Senate and I government has to set priorities. Those they will. met with them; some encouraging mo- with criminal records, serious criminal There are many parts of that bill ments when the comprehensive bill records, should leave. They should be that are so essential—strengthening passed and included the strongest deported—no excuses. Under the our border, a very important issue to DREAM Act language that we have Obama administration’s policy, that is all Americans, particularly on the ever written. a high priority. That is the way it other side of the aisle; a pathway to For most of their lives, these young should be. citizenship, just a matter of simple, people have been trapped in the shad- Senator GRASSLEY also claimed on elemental justice, which is a passion on ows, fearing they could be deported at the floor that the immigration service our side of the aisle. We brought those any moment and facing obstacles to de- has not released adequate information two concepts together to make the bill veloping their talents in this country. about the DACA program. I disagree work. Isn’t it ironic that we have invested so with my colleague and friend. USCIS But included in those concepts is an much already in their lives—educating has been transparent about this proc- idea which I introduced into legislation them, giving them an opportunity to ess, publishing data on its Web site about 13 years ago. It was called the thrive in this Nation—and then, right showing the number of applicants who DREAM Act. It basically said if you at that moment when they are ready to applied and those who have been ac- came to the United States as a child, go to college or go into a job—we tell cepted and rejected. were brought here in undocumented them: Leave. We do not want you. That For the past few years I have come to status or overstayed a visa and were is not right. It is not fair. It does not the floor of the Senate regularly to tell here undocumented, finished high make any sense. real-life stories of those DREAMers. I school, had no serious criminal back- Last year, President Obama did have done it over 50 times. We actually ground, we would give you a chance, a something that was significant. He an- had a reunion of the DREAMers I have chance to earn your way to citizen- nounced his administration would spoken of on the floor of the Senate. I ship—legality and citizenship. grant temporary legal status to these want to take some time today to up- Last week, I visited a group on the immigrant students who grew up in the date the story of one of those DREAM- Mall who were fighting for immigra- United States. This historic program is ers. tion reform. Since the middle of No- known as DACA. DACA stands for De- This is a photograph of two brothers, vember, these immigration, faith, and ferred Action for Childhood Arrivals. It Carlos and Rafael. They are siblings labor leaders have been fasting, urging gave the DREAMers a chance to come who were brought to the United States the House of Representatives to take out of the shadows and be part of by their parents when they were kids. up this responsibility and pass the im- America. In the last year, more than Carlos grew up in suburban Chicago, migration bill. 567,000 people have applied for this graduated from Palatine High School, Their commitment to fighting for DACA status; 460,000 have received it. where he was an honors student. In immigration reform has inspired peo- Later today or tomorrow, the Senate high school Carlos was captain of the ple all across this Nation to join the will vote on the nomination of tennis team, a member of the varsity movement and to tell stories about Alejandro Mayorkas to be Deputy Sec- swim team. He volunteered with families torn apart by the broken im- retary of the Department of Homeland Palatine’s Physically Challenged Pro- migration law in America. Security, which I will support. gram, where every day he helped feed We cannot ignore the injustice of this As Director of U.S. Citizenship and lunch to special needs students. system and the suffering that millions Immigration Services, Mr. Mayorkas Listen to what one of Carlos’s high of people in our own country are living has been charged with implementing school teachers said about him: with. DACA, the President’s Executive order. Carlos is the kind of person we want I want to urge Speaker BOEHNER to It was a complicated job, but Mr. among us because he makes the community move forward on immigration reform Mayorkas did it in an outstanding way. better. This is the kind of kid you want as a in 2014. I understand there is a small, Earlier this week my colleague and student, the kind of kid you want as a neigh- very vocal, very negative minority of friend Senator GRASSLEY of Iowa spoke bor, the kind of kid you want as a friend to his caucus that refuses to support any on the floor about Mr. Mayorkas and your child and, most germane to his present change in immigration law. But that is the DACA program. I wish to take a circumstance, the kind of person you want nothing new. In our Nation of immi- moment to respond to some of the as an American. grants, there has always been that things he said in the CONGRESSIONAL It is good news. Last week Carlos force at work. In the time of Abraham RECORD. graduated from Loyola University in Lincoln’s Presidency, they even had a Senator GRASSLEY initially ques- Chicago, majoring in education. His political party. It was the Know-Noth- tioned the legality of this DACA pro- lifelong dream was to be a teacher. It ing Party. They opposed immigrants. gram. I want to be clear. DACA is en- almost did not come true. You see, last

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.051 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9013 year Carlos and his brother Rafael were reform. They were from all over the school, and with their questionable or placed in deportation proceedings. United States. In addition to their worthless diplomas, they cannot find They were going to be expelled from prayers, I asked them to reach out to jobs. What happens then? They cannot the United States. I asked the Obama their congregations, tell stories like make their student loan payments. administration to reconsider. They de- Carlos’s story and Rafael’s story, and I will tell some specific stories when cided to suspend the deportation. That tell people this is really very funda- I talk about one of these for-profit was the right thing to do. After grad- mental and basic when it comes to school operations. It is called Corin- uating from Loyola University, Carlos issues of justice. thian Colleges, which is a publicly was offered a teaching position start- FOR-PROFIT COLLEGES AND UNIVERSITIES traded corporation that owns for-profit ing in just a few weeks. Carlos will be Mr. President, I have come to the schools in the United States and Can- teaching at Schurz High School, a Chi- floor I cannot tell you how many times ada. It is now in the spotlight for en- cago public school on the northwest to talk about an industry in America— gaging in manipulative marketing and side. In addition to his teaching duties, the for-profit college and university in- deceptive job-placement practices. Carlos will also be helping with the dustry. I have talked about the basics. Earlier this week, a Huffington Post school’s DREAMers organization and Most people could not tell you what article called attention to these the tennis team, a sport he knew well for-profit colleges are or which ones abuses. It was entitled ‘‘How a For- from high school. are for-profit. Well, the major col- Profit College Created Fake Jobs to There is no question that we need the leges—I will start at the top with the Get Taxpayer Money.’’ The headline best and brightest to teach in our Apollo Group, the University of Phoe- says the whole story. The article re- schools. We need people like Carlos nix, and DeVry out of Illinois is second. ports that Corinthian has been encour- who are committed to the next genera- Kaplan, which was owned by the Wash- aging the manipulation of job-place- tion of tomorrow’s leaders. ington Post, is third. There are a lot of ment rates to entice students to sign Teach for America knows that great other ones. up for programs and to avoid the scru- teachers can come from all walks of What is interesting about these col- tiny of the government and the life, from graduating seniors in our Na- leges and universities is they could not accreditors. tion’s most elite colleges, to former in- exist without generous subsidies from Corinthian College subsidiaries—Ev- vestment bankers and veterans. Last the Federal Government. Here is what erest College is one of them—have been week Teach for America announced happens. They lure students into en- criticized in the past for having high that it plans to actively recruit rolling in their schools. The students, dropout rates and some of the highest DREAMers who have received DACA often because they are low income, 3-year loan default rates in America deferment, so more DREAMers like qualify for Pell grants and student even while its tuition rates are higher Carlos will be able to give back to the loans. The Pell grants and student than community colleges or even flag- country they know. They will be in loans flow from the government ship State schools for an equivalent de- classrooms not only teaching the im- through the student into the for-profit gree. In spite of the bad press, Corin- portant subjects, but with their very schools. thian Colleges—such as Everest—have lives they will be teaching the next It turns out there is a 90–10 rule. managed to come out on top, increas- generation of Americans what immi- Imagine this. These for-profit schools ing enrollment, increasing profit mar- gration has always meant to this coun- cannot take more than 90 percent of gins, and increasing payments for their try. their revenue from the Federal Govern- executives. It would appear these gains I ask my colleagues who stand on the ment—90 percent. They are 10 percent were at least in part due to the ma- floor critical of the administration’s away from being a total Federal agen- nipulative marketing practices and a deportation policies, would America be cy. But they make amazing amounts of corporate culture of deceit toward its better off if Carlos had been deported money, huge amounts of money. They students. last year? Would Chicago be better if pay their CEOs millions of dollar be- According to this article, Eric Parms this bright, idealistic young teacher cause this is a very lucrative under- enrolled in Everest College’s heating, was not headed to the classrooms in a taking. ventilation, and air-conditioning repair few weeks to try to help educate the But there are three things you should program in the summer of 2011. Eric next generation of leaders in this coun- remember about for-profit schools— had been laid off from his job. He was try? Of course not. three numbers. You will know what the attracted to Everest because of the To hear Carlos’s story is to realize challenge is if you remember these promise from its advertisements and the benefits immigration reform will three numbers: recruiters that their HVAC program bring to America. Imagine what is Twelve. Twelve percent of all the would lead to a good job and a decent going to happen when 11 million un- graduates of high school go to for-prof- living. So Eric picked up his family— documented immigrants have the op- it schools. his wife and two sons—and he moved portunity to step out of the shadows, Twenty-five. Twenty-five percent of from Ohio to Georgia to enroll in this like these DREAMers, and contribute all the Federal aid for education goes Corinthian school, the Everest College fully to America. Imagine what it will to these schools. program. He was a good student. Eric mean to them to no longer live in fear Forty-seven. Forty-seven percent of received all A’s, only missing one class of a knock on the door, to be able to all the student loan defaults are with on the day his 7-year-old son was diag- declare who they are, where they live, students who have enrolled in these nosed with leukemia. After completing who is in their family, to be able to for-profit schools. the 9-month program, Eric Parms was work without any fear, to be able to So 12 percent of the students, 25 per- left with a $17,000 student loan debt and travel, to go back to important family cent of the Federal aid for education, could not find a job. events in other countries and return to and 47 percent of the student loan de- What Eric did not know was Everest the United States. faults. College was paying more than a dozen Legalization will unleash the earning Why are these students defaulting? local employers what they called an potential of millions of people. They There are several reasons. One reason on-boarding allowance of $2,000 a head will be able to pursue jobs that match is that the diplomas from these schools to secure 30 days of employment for their skills instead of working in the are not worth much. I will tell a few their graduates. These were not real underground economy. stories in a moment. The other reason jobs; these were jobs which Corinthian It is the right thing to do. It will is that once the school enrolls these Colleges—Everest College—were frank- make America stronger. I am confident students and brings in their student ly bankrolling so it looked as if their that wiser voices will prevail in the loans, they really do not care that graduates were going to work. The House of Representatives. much as to whether they finish. It is money was purportedly a fee to help Just the other day I had a conference not that important to them. The pay for things such as training and uni- call with Catholic bishops. They have money has already flowed to the forms. In reality, by paying companies made this a special effort on their part school. A third reason, of course, is to take graduates for temporary jobs, to support comprehensive immigration that many of these students finish the Everest College was able to boost

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He and then turn them loose really did not Corinthian has also outright mis- was paid more than $3 million in total mean that much to Corinthian; they represented job placement rates to stu- compensation the last year that was just had to show that they went to dents by advertising numbers substan- reported by this corporation. I have work at some point. tially higher than their actual rates. asked him not to engage in this con- Well, after he graduated Eric had to These deceptive practices give the illu- duct again. beg the school’s career service coun- sion that this is a successful under- I have also written to Everest Col- selor to even set up interviews. Even taking. Go to Everest and get a job. It lege’s national accreditors, the Accred- then, he would arrive at interviews turns out that it is a charade. iting Council for Independent Colleges supposedly set up for him, and the po- In addition to manipulation of job and Schools and the Accrediting Com- tential employers would tell him they placement rates, recruiters for Corin- mission of Career Schools and Colleges, had never heard of Everest College. Re- thian colleges and schools withhold asking what steps they are going to member, Eric Parms was on the hook pertinent information from students to take to sanction Everest for these egre- for $17,000 in student loans for this get them to enroll. gious abuses of the public trust. course he took. Lindsay Ryan, another student at Finally, I have asked the Secretary Finally, Eric was set up by career Everest College who contacted my of- of Education, Arne Duncan, to look services to work in a contract position fice, studied criminal justice online into these allegations and to use what- with ADG Enterprises laying electrical and was 12 weeks away from gradua- ever authorities the Department may wires. After less than 2 months on the tion when she learned that Everest was have to hold Everest and its parent job, he was laid off and cut off from ca- not regionally accredited and that she company, Corinthian, accountable. reer services from Everest. Everest had wouldn’t be able to find a job in her If no authorities exist, I have asked used him to get $17,000 in student loans field in the State of Illinois. him to work with me in Congress to and turned him loose without a job, One would think that a college offer- give the Department the ability to re- without a future. ing courses to people in Illinois would spond more aggressively to abuses such In fact, managers discouraged career have some obligation to tell them as the ones I have outlined for Corin- counselors at Everest from re-placing whether or not a degree or certificate thian. people who had already been placed in from that school could lead to a job in It is time to put an end to the cor- a job. They were instead encouraged to that State? porate culture of deception and data send graduates to companies with high In Lindsay’s case it didn’t. manipulation that pervades the for- turnover rates, to provide temporary Do you know what Everest College profit school industry. They are wast- positions just so they could show that suggested to Lindsay after she had ing taxpayers’ dollars. They are abus- their graduates went to work even if it been duped into this so-called edu- ing students and their families. We in was just for a few days. The school had cation? They suggested she move to Congress are not doing what we should. effectively placed Eric in a short-term Florida where she might be able to use We have to protect these students internship program. Once it was over, an Everest College degree. That wasn’t and their families. We have to protect there was no incentive for them to an option for Lindsay and her family. America’s taxpayers from for-profit keep him. They turned him loose to va- Now she sits, unemployed, supporting schools that are taking advantage of cate a space for another graduate and three children, her husband, and a the law. another $2,000 check. Then Everest $24,000 student loan debt to this Corin- I yield the floor and I suggest the ab- would shuffle another graduate into thian college, Everest College, for a sence of a quorum. the same position to artificially main- worthless degree. The PRESIDING OFFICER. The tain that they were placing students in Over the past decade Corinthian col- clerk will call the roll. jobs. This was fraud—not just a fraud leges have received from the Federal The bill clerk proceeded to call the on the public, not just a fraud on the Government nearly $10 billion in stu- roll. students, but a fraud on American tax- dent aid—$10 billion. That makes up Mr. ISAKSON. I ask unanimous con- payers by Corinthian Colleges. more than 80 percent of the total rev- sent that the order for the quorum call Eric lost out on the deal—a $17,000 enue of this college. These schools, be rescinded. debt for a training degree he could not these for-profit schools, are sucking on The PRESIDING OFFICER. Without use. To get a Georgia HVAC contractor the Federal Treasury to come up with objection, it is so ordered. license, he needed to have significant billions of dollars to get rich at the ex- Mr. ISAKSON. I ask unanimous con- work experience and references, and no pense of taxpayers and these poor ex- sent to address the Senate as in morn- one would hire him because they did ploited students. ing business. not take his degree from Everest—part Corinthian grew during our reces- The PRESIDING OFFICER. Without of the Corinthian College system—seri- sion, reaching a peak enrollment of objection, it is so ordered. ously. 93,000 students, doubling revenue up to TRIBUTE TO PAUL YATES The practice of paying employers to $1.7 billion in 2011. This is in part due Mr. ISAKSON. Merry Christmas to hire graduates from this Everest cam- to a persuasive but deceptive mar- the Presiding Officer and to all those pus ended in 2011, but it was not the keting plan promising a better career who might be watching C–SPAN. only Corinthian school engaging in to people such as Eric and Lindsay who We are getting close to the big holi- these practices. The California attor- were looking for a way out during dif- day, and it is a time when I come to ney general recently filed suit against ficult times. the well to pay tribute to a great news- Corinthian for using fraudulent mar- Toya Smith, a former Everest career man in Georgia who is retiring after 40 keting, paying companies to tempo- counselor who was interviewed by Huff- years in television on the Georgia beat: rarily hire graduates, and using other ington Post, recognized that for-profit Paul Yates, with WAGA–TV, Fox 5, in tactics to meet accreditation standards schools burden students with large Atlanta. He has served for 35 consecu- and job-placement rates. These other debts, a questionable degree, and poor tive years at the same station. tactics included paying temporary job prospects—while the company was In fact, when I ran for Governor in agencies to hire graduates for tem- profiting on Federal dollars. Georgia in 1990 he covered that race. porary positions while basically count- She said: ‘‘You’re selling a dream to He has covered all of my Senate races, ing a 1-day volunteer event for dental a student that you know, in reality, and he covered all of my legislative assistant graduates as a job placement they are not ever going to realize.’’ races. When we were in the legislature

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We have a way to do that. tires from his service after years of fore us. One deals with health care and Senator MCCAIN was very helpful to me service to the people of Georgia at the other deals with parity between in trying to advance this, and we will WAGA–TV, and as one who he has cov- our civilian workforce for the Depart- look for another opportunity to get ered—both good and bad—I wish to pay ment of Defense and our contract that done because I think it is criti- tribute to a great journalist, a great workforce. I appreciate that those two cally important. friend, and a man who has done a great amendments have been incorporated Many of us understand we have to service to the people of my State of into the bill we have before us. improve the relationship between the Georgia. Similar to many of my colleagues United States and Vietnam, but Viet- I yield the floor, and I suggest the ab- who have come to the floor, I am dis- nam needs to deal with its human sence of a quorum. appointed. On any bill that comes for- rights violations. It needs to deal with The PRESIDING OFFICER. The ward that is a bipartisan bill there are its good governance. One way we can clerk will call the roll. compromises and there will always be help this is by dealing with institu- The bill clerk proceeded to call the disappointments about not being ex- tions that promote democracy, and roll. actly everything you want it to be. that is, of course, higher education. Mr. CARDIN. Mr. President, I ask That is understandable. What is very So while I am looking forward, with unanimous consent that the order for disappointing is that we didn’t have a regard to all those areas, to finding the quorum call be rescinded. chance to offer many amendments that other vehicles where we can deal with the issues we were not able to deal The PRESIDING OFFICER (Mr. MAR- are not controversial. The only way an with through the amendment process, I KEY). Without objection, it is so or- amendment could get on after it came would ask our colleagues to get this dered. through the committee was through a bill to the President so he can sign it Mr. CARDIN. Mr. President, let me clearing process, and I think there are before the end of this year. first comment about the National De- many other amendments that could fense Authorization Act. It is an im- have gotten into this bill that would THANKING ELISE MELLINGER Mr. President, I would also like to portant bill for us to pass, and I wish to have been important, but I will look make a few comments about Elise thank Senator LEVIN and Senator for other opportunities. Mellinger. As I mentioned earlier, Elise INHOFE for the manner in which they I had three amendments that I will worked on this legislation, bringing it mention now that I will look for other is a Pearson Foreign Service officer fel- together in the committee. It was a bi- opportunities to advance. One comes low. Let me explain what that means. partisan bill. As it came to the floor it directly out of the subcommittee I She is an experienced member of the maintained that focus on helping our chair, and that deals with maritime se- Department of State’s Foreign Service. She served in India, Indonesia, and troops and helping preserve our na- curity issues in the China seas. That is Singapore. She is a person who has tional security. As we were starting to a powder keg, where China most reserved our country for many years, and consider amendments, I think some co- cently took steps in regard to airspace she is a career diplomat at the State operation was there. Unfortunately, we that only made that situation even Department. lost track of being able to consider more tense. The maintaining of mari- For the past year, she has been as- amendments in a somewhat normal time security is critically important to signed to my Senate office and has course. the United States. It is the major ship- acted as a valuable member of my But the bill before us represents a bi- ping lane for commerce not only in staff. That helps our career diplomats partisan effort to make sure we provide that region but globally, and it is an understand the congressional process the men and women who are defending area that could bring about unfortu- better, but it also gives us the oppor- our Nation the tools they need in order nate conflicts between many countries tunity to have an experienced indi- to carry out their mission, and we give in that region which could mushroom vidual who truly understands the them the support they deserve for serv- into active situations. So maritime se- workings of diplomacy to be in our of- ing their country. So this bill is a criti- curity is a very important issue, and fices and help us carry out our respon- cally important bill, and I am glad that the United States has taken a very ac- sibilities. with the earlier vote, we are on track tive position on that to say: Look. In Elise’s case, that was particularly to send this to the President for his These matters have to be talked about helpful to me because at the beginning signature before the end of the year. It directly by the countries involved in a of this year I took on the new responsi- is very important. The bill provides peaceful manner, not in an intimi- bility as the chair of the East Asian many important provisions for the dating manner. The amendment I of- and Pacific Affairs Subcommittee. health care of our troops, many impor- fered would have furthered the Senate Throughout my career in Congress, I tant provisions for their compensation, in supporting that position. have spent a lot of time in Europe. I and it is important we get that done I was also disappointed not to be able have chaired the U.S. Helsinki Com- before January 1. to offer an amendment which dealt mission, and I have traveled exten- The bill also provides the tools they with the accountability particularly of sively to Europe, but it was a new ven- need and the direction they need in Assad in Syria but also of those who ture for me to chair the East Asian and terms of foreign policy in our military. have committed war crimes in Syria. Pacific Affairs Subcommittee. Elise I wish to thank the committee. Sev- The Presiding Officer knows of the tes- Mellinger brought me the expertise so eral of the suggestions I made during timony we have had in regard to the we could—the Senate and the Com- the committee process were incor- gross violation of human rights by gov- mittee on Senate Foreign Relations— porated in the bill that came to the ernment officials in Syria and the carry out our responsibility in regard floor. I have the honor of chairing the numbers of people who have been killed to congressional oversight and initia- East Asian and Pacific Affairs Sub- and have suffered as a result. tives in regard to that region of the committee of the Senate Foreign Rela- The War Crimes Tribunal at The world. tions Committee and serving with the Hague should have the ability to deal As a result of her hard work, we were distinguished Presiding Officer who with these types of issues, and the able to have numerous hearings in 2013 also serves on that subcommittee. In amendment I offered asked that the on the rebalance to the Asia initiative that capacity we worked with the com- United States work for full account- President Obama brought forward, and mittee to deal with some of the issues ability for those who have violated to talk about many of the issues in in that region, provisions dealing with international standards in regard to that region of the world, from the mar- the health care of our military per- war crimes. itime security issues I have already

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.054 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9016 CONGRESSIONAL RECORD — SENATE December 19, 2013 talked about to environmental issues, to be taken for granted in the Senate, So no debate. Shut down here in the to dealing with North Korea, a huge a right that was accorded to Senators. Senate by the majority leader. Why? I problem with not only their The nice thing about getting to the guess because it is really critically im- nuclearizing the Korean Peninsula, Senate, when you come from the House portant we get to some of these nomi- which is unacceptable, but the human of Representatives, is that when you nations that need to be voted on— rights violations in that country and get to the Senate, one person can actu- voted on before the Christmas holiday. how the people are being treated as far ally have the opportunity to get Why? Well, because, Lord knows, we as economic growth, and the list goes amendments voted on and have those couldn’t vote on them next year. I on and on. amendments debated. In the House of guess we can vote on them next year. Vietnam is a major country of inter- Representatives, those of us who have Now that the majority has broken the est. We have been able to be involved in served there, know there is a rules rules here in the Senate, changed the that. We had a hearing on the typhoon committee, and the rules committee rules, they can approve those with 51 in the Philippines that Elise Mellinger decides what comes to the floor, what votes. was critically important in helping us amendments are made in order, and So I don’t know what the big sense of put together in a matter of days so we how much time is allowed for debate on urgency is on these nominations that could become knowledgeable as to each amendment. It is a very struc- would prevent us from having a full what was happening with one of our al- tured process. and open debate on something as con- lies in that region—the Philippines— What the Founders conceived for the sequential as the Defense authorization and what we could do and what the Senate was something different. They bill or the budget just being voted on international community and the pri- wanted us to have an opportunity to here in the Senate. I don’t know why vate sector could do in order to help openly debate the big issues of the day. these nominations would take prece- the people of the Philippines. I traveled And there are no bigger issues, I would dence over that. It seems to me that if there was any to that region, and Elise Mellinger was argue, than the budget proposal which sense of urgency attached to this, most extremely important in preparing me will fund the government for the next 2 Members on both sides I think would for that trip. years and spend literally billions and So I just wanted to share with my trillions of dollars of the American acknowledge that we need to do that. But clearly these are all nominees who colleagues this program we have, where people’s tax money; and the Defense could be voted on next year, and now we have executive employees, career authorization bill, which will authorize approved with 51 votes, thanks to the diplomats who come and work in our in this case over half a trillion dollars majority breaking the rules in the Sen- offices so we can work together and ad- of spending of the American taxpayers’ ate and making it possible to approve vance foreign policy in the United money. So these are big, consequential pieces nominees with 51 votes. States. There should not be a dif- So the very notion, as the majority of legislation brought to the floor of ference between the executive and leg- leader came out here and said repeat- the Senate but not open to the debate, islative branches in regard to our ob- edly now, that we would be here next not open to the amendment process. jective with foreign policy. Of course, week on one of the most important we have oversight; of course, we have We just heard the Senator from Maryland talk about amendments Christian holidays of the year voting separation of powers; and for the entire on nominees that can be voted on a which, if he had the chance to offer, he year Elise Mellinger was in my office week later after the first of the year would have offered. That applies to a she was a 100-percent loyal person when Congress comes back into ses- lot of us. among our staff to carry out that re- sion—it seems to me to be really sort sponsibility. As I said to her earlier, I The Defense bill, when it comes to the floor here, will have probably gone of stunning in terms of its audacity. hope it does not affect her career when I think the American people would through a fairly good vetting process. I she goes back to the State Department, conclude the same thing; that we served on the Armed Services Com- and I know it will not. would take a defense authorization mittee for 6 years. I think they did I was very fortunate, indeed the Sen- bill, that we would take a huge budget ate and I believe the American people then and do now a good job of bill and actually sort of just try and were very fortunate, that Elise spent prioritizing when they come to the sweep them under the carpet, fill the the year in service to her country floor. But we have to remember, there tree so we don’t have an opportunity to through the Senate. She will be leaving are only probably 25 or so members of debate amendments or vote on amend- very shortly, at the end of this month. the Armed Services Committee, which ments, but then have to rush to get So I wish to thank her, her family, her means there are 75 Senators who these nominations through, nomina- husband, Elliott Wu and her daughter, haven’t had an opportunity to have tions which can be considered early Eitana Wu for sharing Elise Mellinger their voices heard on such a big piece next year and approved now with a 51- with us. We wish her well. We are going of legislation. vote majority. to miss her. She is going on to return The same thing with the budget. The So think about that. We have had to the Canadian desk within the State budget conference really consisted of a these threats here on the floor. The Department before she accepts her next couple people. In fact, I am told by con- majority leader has come to the floor mission that will most likely be out- ferees who were members of the Budget and said: We are going to be here side the United States. Committee and were supposed to be Christmas Eve because we have got to On behalf of all my colleagues in the members of that conference, they real- do these nominations. Yet we don’t Senate, I want to express my thanks ly didn’t vote on it. There was no vote have any time to do the important and appreciation to Elise Mellinger. on it when it left the conference. It was work, such as having a chance to de- With that, I yield the floor. negotiated by a couple of people and bate and vote on amendments to bills The PRESIDING OFFICER. The Sen- brought to the floor to be voted on— such as the Defense authorization bill. ator from South Dakota. something that is pretty darned impor- So that is where we are. Again, I Mr. THUNE. Mr. President, this week tant to the future of this country but think it is pretty stunning that this is the Senate is considering a couple of not open to amendment, no oppor- what the Senate has deteriorated into. fairly big items. We had a vote earlier tunity for Senators here to have the And it is regrettable. But hopefully— this week on a budget proposal to fund opportunity to improve upon. Perhaps hopefully—at some point people will the government for the next couple of we could improve upon it; maybe we come to their senses that: Yes, this is years, and we also are going to be vot- couldn’t. But we at least should have an important week next week for a lot ing on a defense authorization bill that had the opportunity to bring issues to of people around this country; that per- is very important to America’s na- the forefront that rightly should be de- haps being able to do the nominations tional security interests. bated when we are talking about some- a week later, after the first of the year, As we brought this legislation to the thing like a 2-year budget and a de- when they can be approved with 51 floor, there has been something con- fense bill which spends enormous votes, that might make sense and spicuously and noticeably absent; that amounts of the American people’s tax might be a reasonable approach to take is, open debate—something that used dollars. with all this.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.058 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9017 I hope most Members here, like most But this problem will affect more Americans to keep the plans they were Americans, next week at least have an than Iowans. According to the Wash- promised they could keep. He is also opportunity to celebrate the Christmas ington Post: expecting insurance companies to bail holiday with their families. And as Those facing a potential coverage gap in- the administration out of problems as they do, a lot of Americans will use clude an estimated 15 million people. well. that opportunity to reflect upon the The law’s insurance cancellations mixed The insurance industry will now ex- past year. In many cases that will with the Web site’s problems might leave tend the deadline until January 10 for mean life changes which occurred in some people who have coverage now unin- Americans to pay for coverage that the last year. For many Americans it sured in the new year. These are starts on New Year’s Day. This doesn’t Obamacare’s biggest losers. might be a marriage in the family, it fix the problem of coverage gaps, but it might be a graduation, events that we Today, George Will has an article in is a convenient talking point for the celebrate. It might be something we the Washington Post that explores this administration. look on with reflection and mourn the administration’s abuse of executive While 2013 was filled with one unbro- loss of a loved one. But this is a time discretion. The article effectively sum- ken ObamaCare promise after another, when normally people around this marizes the exact abuses of executive the President’s inability to follow country reflect on significant changes power that my colleagues and I have through on making coverage more af- in their lives in the last year and start been vocally opposed to. fordable for families and small busi- thinking in anticipation about what Under this administration, if they nesses was one of the biggest. In a rare the next year might bring. don’t like what the law says, even if moment of candor, Secretary Sebelius Some things people can’t control in they wrote that law, they simply ig- was forced to admit: their lives. Some changes people don’t nore it. Example after example exists [t]here are some individuals who may be like and they can do nothing to con- of how this President believes he is looking at increases [in health care costs]. trol. And as they start thinking about above the law. Look no further than A recent Associated Press/GfK poll last year and start thinking about next their delay of the employer mandate or confirms that more than ‘‘some’’ indi- year, for a lot of people it is going to be their rewrite of the laws governing the viduals will be facing sticker shock the impact that ObamaCare is going to work requirements as a condition of re- thanks to ObamaCare: Sixty-nine per- have on their lives. People are thinking ceiving welfare. As Mr. Will says in his cent say their premiums will be going about the fact that they have these article: up, while 59 percent say annual skyrocketing premiums that are now In 1998, the Supreme Court held that deductibles or copayments are increas- coupled with these outrageous ‘‘there is no provision in the Constitution ing. deductibles. The sticker shock is forc- that authorizes the president to enact, to A separate poll by the Washington amend, or to repeal statutes.’’ ing millions of Americans to pay more Post and ABC found that just 5 percent for health care. Yet, as Mr. Will further points out, of Americans believe that ObamaCare President Obama promised the Amer- this President often claims: will actually reduce their health care ican people: . . . he can’t wait for our system of sepa- costs. ObamaCare will cut costs and make cov- rated powers to ratify his policy preferences. The reality for many Americans is erage more affordable for families and small Unfortunately, that is not how our that dramatically higher premiums, businesses. country was founded and not what our deductibles, and copayments mean Well, the reality is that family pre- forefathers established in our system of they are going to have less money in miums have already skyrocketed since governance. their wallets to spend on rent, pay for ObamaCare became law. American ap- As the Federalist Paper No. 47, au- college, or to invest in a small busi- proval of this law is now in the tank. thored by James Madison, says: According to a recent CBS/New York ness. As a result, 67 percent of respondents Times poll: The accumulation of all powers, legislative, executive, and judiciary, in the same in a recent Fox News poll say Most uninsured (57 percent) think the cost hands, whether of one, a few, or many, and of their health care will increase, and just 23 ObamaCare should be delayed and 53 whether hereditary, self-appointed, or elec- percent expect the quality to get better. percent of respondents would vote to tive, may justly be pronounced the very defi- Think about that. Fifty-seven per- repeal the law. nition of tyranny. This holiday season Democrats cent of the people who have no insur- The American people are wising up to ance—people who are uninsured—think should give the American people what this abuse of power, and I believe this they were promised all along: lower the cost of their health care is going to President must respect the rule of law, increase. And a majority in that same costs, while keeping the doctor and despite his clear self-interest to act poll are opposed to the health care plan they have and like. otherwise. plan. Those are people who don’t have As we begin 2014, this President and I believe it is only a matter of time health care insurance today, and a ma- administration should commit to aban- before the President continues to abuse jority of them are opposed to this plan. doning their power grabs and complete For many Americans, the holiday executive discretion to correct prob- disregard for the rule of law. This law season is going to be filled with angst lems with his law. Instead of being was passed, hurriedly rushed through and uncertainty as they look at facing forthcoming with the American people here on a partisan vote. Not a single a coverage gap on January 1. More and Congress and explaining why parts Republican Senator here voted for it. than 10,000 Iowans were told by of this law won’t work, he relies on his We are now seeing the effects of that: healthcare.gov that they should qual- administrative agencies to issue 11- one-party rule, one party running ify for Federal health coverage, but hour blog posts or leaks to the media roughshod over the other to try to get Federal officials have not yet sent to announce delays in portions of his something enacted into law—which complete information on those people signature law. now, as the American people are find- to State administrators, who are sup- Another way this administration is ing out, they are the ones impacted. posed to then review the applications trying to fix problems is to put the We are seeing all the adverse, harm- and enroll people in the program. burden of fixing problems on others. ful impacts which come with it: higher My colleague from Iowa Senator Last month the President tried to fix premiums, cancelled coverage, lower GRASSLEY is on the floor. Constituents the problem of cancelled plans by kick- take-home pay, higher deductibles, and he represents are going to be filled ing the can to State insurance regu- a less promising future for the Amer- with a lot of uncertainty as they face lators to determine whether, in 48 days ican people. We can and we should do the future. According to the Des from the date of his announcement in better. Moines Register, Percy Smith of Des November, they can change their State I hope that as Americans this Christ- Moines is concerned about a coverage insurance regulation policies quickly mas season reflect on the past and gap: enough to permit plans to continue to think to the future, we will resolve to I’m losing my optimism, because we’re get- offer those plans available in 2013 and do what is necessary to give them a ting close to January, and I don’t know if 2014. He expected State insurance com- brighter future by putting in place I’m going to be covered or not. missioners to bail him out to allow policies which will grow the economy,

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.059 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9018 CONGRESSIONAL RECORD — SENATE December 19, 2013 create jobs, increase the take-home an absolutely unprecedented use—or I as imagined by the Constitution. pay of middle-class Americans, rather should say abuse—of cloture motions Again, as part of our duty to represent than give them another gut punch paired with a tactic called filling the the citizens of our respective States, which makes it that much harder for tree to block amendments from being each Senator has an individual right to them to provide for themselves and considered. offer amendments. This right cannot be their families. That not only affects the minority outsourced to party leadership. I yield the floor. party, but Democratic Senators are af- The longstanding tradition of the The PRESIDING OFFICER. The Sen- fected as well. I would say to my col- Senate is that Members of the minor- ator from Iowa. leagues on the other side of the aisle: ity party, as well as rank-and-file Mr. GRASSLEY. Mr. President, I rise How many times have you had an Members of the majority party have an for two purposes. No. 1, to discuss the amendment you wanted to offer, that opportunity to offer amendments for a National Defense Authorization Act was important to your State, but you vote in the Senate. That has histori- and the fact that we cannot offer could not do it because amendments cally been the case with the annual Na- amendments to it and the process that were blocked? The Senate majority tional Defense Authorization Act, the has deteriorated in the Senate for de- leader has effectively become a one- very bill that we are debating now. But liberation. Second, I will speak very man version of the House Rules Com- not this year. It typically takes a cou- shortly about the nomination of mittee, dictating what amendments ple of weeks to consider the National Mayorkas, one of the first nominees we will be debated and which ones will Defense Authorization Act. This year will be voting on this week. never see the light of day. This strips the majority party leadership chose to The Senate is poised to vote on a the ability of individual Senators to ef- wait until a week before the scheduled final National Defense Authorization fectively represent their States, re- Thanksgiving recess to bring it up, Act after considering only two amend- gardless of party. leaving little time for the customary ments. The Senate has not been func- It also virtually guarantees that any open debate and amendment process. tioning like it should for some time, legislation the Senate votes on will be Once the Defense bill was brought up, and the way that the National Defense more partisan in nature. I would ask rather than promptly starting to process amendments, the majority leader Authorization Act has been handled is my colleagues across the aisle: Isn’t immediately blocked amendments so one example. I have served in the ma- your first responsibility to the people that he could control what came up for jority and the minority, with Demo- of your State, not to party leadership? a vote. Obviously, the Senate ground to cratic Presidents and Republican Presi- Are you really content to cede to your a halt, wasting time that we did not dents. So I have seen it operate from party leader the trust and responsi- have when we could have been consid- every perspective. What is unique bility placed in you by the voters of ering amendments from both sides of about the Senate is that the rules as your State? How much longer can you the aisle. well as the traditions force Senators to go along with this proposition? This process, as everyone here in the work together. That leads Senators to The people of Iowa sent me to the Senate knows, is called filling the tree, understand where the other side is Senate to represent them, not simply where the majority leader offers coming from, resulting in mutual re- vote up or down on a purely partisan blocker amendments that block any spect and scrutiny. agenda dictated by the majority leader. other Senator from offering their own I hear from a lot of Iowans who are Everyone complains about the lack of amendment unless the majority leader upset at the tone they hear in Wash- bipartisanship these days, but there is agreed to set aside his blocker amend- ington and the lack of bipartisanship. I no opportunity for individual Senators ment so other amendments can be of- have often said that the Senate func- to work across the aisle when legisla- fered. tions best when no party has more than tion is drafted on a partisan basis and Filling the tree does not appear any- about 55 seats. If you have much more amendments are blocked. Bipartisan- where in the Senate rules. It is based than that, there is less of a tendency to ship requires giving individual Sen- upon combining two precedents, the want to work in a bipartisan fashion. ators a voice regardless of party. When precedent that the majority leader has That was true for most of my time in Senators are only allowed to vote on the first right of recognition by the the Senate but not now. Despite a cur- items that are preapproved by the ma- Presiding Officer and the precedent rent margin of just 5 seats in the Sen- jority leader, those Senators lose the that only one first-degree and one sec- ate, there has been very little bipar- ability to effectively represent their ond-degree amendment can be pending tisan cooperation. I suppose some State and, in the end, become mere at any one time. Basically, the major- Democratic Senators really believe it tools of party leadership. It is no won- ity leader abuses his prerogative to cut when they say that this is all Repub- der Americans are so cynical about in line and offer an amendment that licans’ fault. I think anyone who re- government right now. does nothing more than simply change members how the Senate used to oper- In the last decade, when I was chair- the enacting date by 1 day, for in- ate and has paid attention to how the man of the Finance Committee and Re- stance. That then blocks any other current majority leadership has been publicans controlled the Senate, we Senator from exercising his right to running things in fact knows better. wanted to actually get things done. In offer an amendment. In fairness, quite a few Members of order for that to happen, we knew that This so-called filling-the-tree tactic the Senate do not remember how the we had to accommodate the minority. used to be relatively rare, but it has Senate is supposed to operate because We had to have patience, humility, and become routine under current leader- it has been dysfunctional ever since respect for the minority—attributes ship. This way the Democratic leader- they were elected. Some Senators pre- that do not exist on the other side any- ship can prevent other Senators from viously served in the House of Rep- more. We had some major bipartisan offering amendments that they do not resentatives, where the majority party accomplishments, from the largest tax want to have to vote on. Then, with controls everything that happens. In cut in history to a Medicare prescrip- amendments blocked, the majority the House of Representatives, the tion drug program to numerous trade leader makes a motion to bring debate Rules Committee sets out the terms of agreements. Those kinds of major bills to a close. Around here that is called debate for each bill. If you want to do not happen anymore. cloture. When cloture is invoked, it offer an amendment in the House you The Senate rules provide that any sets up a limited time before a final have to go, hat in hand, to the Rules Senator may offer an amendment re- vote must take place. By keeping Committee and say: Mother, may I. If gardless of party affiliation. Each Sen- amendments blocked while running out the House leadership does not like your ator represents hundreds of thousands the clock, the majority leader can amendment, frankly, you are out of or millions of Americans, and each has force a final vote on a bill without hav- luck. an individual right to offer amending to consider any amendments other If that sounds familiar, that is be- ments for consideration. The principle than amendments that the majority cause it is how the current Senate here is not about political parties hav- leader might approve. leadership has been running things ing their say but duly elected Senators It should not be a surprise to anyone lately here in the Senate. We have seen participating in the legislative process, that Members of the minority party

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.060 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9019 who wish to offer amendments will that fact. You will hear some Senators eryone knew this amendment enjoyed vote against a motion to end debate here argue against an amendment say- broad bipartisan support and would until their amendments have been con- ing it is nongermane or nonrelevant. have passed easily had a vote been al- sidered. When Republicans vote against They have totally fallen for the cre- lowed to take place. It had majority the Democratic leader’s motion to end ative rulemaking of the majority lead- support. But the Senate was not al- debate, we are accused of launching a er, thus giving up one of their rights as lowed to work its will. filibuster. In other words, unless we a Senator with which to represent Why? The Iran sanctions amendment give up our right to participate fully in their State. I cannot count on how was blocked because the President op- the legislative process, the other side many nongermane or nonrelevant posed it and it would have been a tough says that we are filibustering. amendments I had to allow votes on vote that divided the majority party. Is Does that really count as a fili- when I processed bills when Repub- that a valid reason for shutting down buster? No. The nonpartisan Congres- licans were in the majority. They were the traditional open amendment proc- sional Research Service answers this usually tough political votes, but we ess for the Defense bill? I don’t think question, and has a very helpful report took them because we wanted to get so. on cloture motions and filibusters that things done. We wanted the Senate to Until we put an end to the abuse of make this point very clear. The CRS function. cloture and the blocking of amend- report is entitled, ‘‘Cloture Attempts You do not see that nowadays. The ments, the Senate cannot function on Nominations: Data and Historical current majority leader avoids tough properly and the American people will Development,’’ by Richard S. Beth. It votes at all costs and that is why we continue to lack representation that contained an entire section called don’t get much done around here. The they are entitled to. ‘‘Cloture Motions Do Not Correspond American people sent us here to rep- MAYORKAS NOMINATION With Filibusters.’’ It starts out: resent them. That means voting, not As I said, I have a few short remarks Although cloture affords the Senate a avoiding tough votes. on the Mayorkas nomination. I spoke means for overcoming a filibuster, it is erro- We sometimes hear this is a question at great length on this yesterday and I neous to assume that cases in which cloture of majority rule versus minority ob- was sought are always the same as those in won’t speak at great length today, but which a filibuster occurs. Filibusters may struction. Again, that ignores that I have concern with Mr. Mayorkas’ occur without cloture being sought, and clo- each Senator is elected to represent nomination, so I have additional infor- ture may be sought when no filibuster is tak- their State, not simply to be an agent mation today for my colleagues. ing place. The reason is, cloture is sought by of the other party. While the majority Today the Office of Inspector General supporters of matters, whereas filibusters of Senators may be from one party, for the Department of Homeland Secu- are conducted by its opponents. they represent very different States, rity released an embargoed version of It then goes on to explain various and the agenda of the majority leader its audit of the EB–5 immigrant inves- scenarios to illustrate this point. Sev- will not always be consistent with the tor visa program. The report states eral Members of the majority have interest of their States. that the U.S. Citizenship and Immigra- made a point of trying to confuse clo- When one individual, the Senate mation Service has difficulty ensuring the ture motions with filibusters. We hear jority leader, controls what comes up integrity of the program and does not constantly that there have been an unfor a vote, that is not majority rule. In always ensure that regional centers precedented number of Republican fili- fact, there are policies that have ma- meet all eligibility requirements. busters. They often point to a chart jority support in the Senate that have Specifically, the report said: that purports to tally the number of been denied a vote. U.S. Citizenship and Immigration Service filibusters and say that this is evidence What happened during Senate debate did not always enforce its own regulations of abuse of the Senate rules by the mi- on the budget resolution this year and procedures to assist with managing the nority. The number they quote is the seems to prove that point. The special regional center program. number of cloture motions, not the rules of the budget resolution limit de- Another quote: number of filibusters. It is true that bate so it can’t be filibustered but Until improvements are made, U.S. Citi- there have been a record number of clo- allow for an unlimited number of zenship and Immigration Service is unable ture motions, and I also agree that the amendments. to prevent fraud and national security number amounts to an egregious abuse A Republican amendment to support threats . . . of Senate rules, but, again, there is a repealing the tax on lifesaving medical Another quote: very significant difference: Cloture mo- devices in President Obama’s health [I]t cannot report the results of the pro- tions do not correspond with filibus- care law passed by an overwhelming 79- gram accurately or ensure the EB–5 program ters. Cloture motions are filed by the to-20 vote, with more than half of the is benefiting the U.S. economy and creating majority party leadership, not by the Democrats voting with the Republicans jobs for U.S. citizens as created by Congress. minority party. This abuse of cloture is rather than with their party leader. We understand Mr. Mayorkas is in a major cause of the Senate’s current A Republican amendment supported charge of these programs. The IG said dysfunction. the approval of the Keystone XL Pipe- the agency needed to improve coordi- Again, this abuse of cloture, often line to bring oil from Canada and nation and rely on the expertise of combined with the blocking of amend- passed 62 to 37. other agencies. ment also prevents all Senators from Those are two examples, because The IG had several recommendations doing what they were sent here to do, votes such as these that split the for the U.S. Citizenship and Immigra- not just Members of the minority Democrats and hand a win to the Re- tion Service that, frankly, should have party. publicans are exactly what the major- been in place before now, if the Direc- It has gotten even worse. Even where ity leader has been trying to avoid by tor was doing his job. In his comments the majority leader has decided he is blocking amendments. on the draft report, Mr. Mayorkas going to be open to amendments, he That is why the Senate didn’t take claimed that he was already addressing has created out of whole cloth new re- up a budget resolution for more than 3 the issues the inspector general raised. strictions to limit Senators’ rights. years. Still, the budget resolution isn’t He said his agency had ‘‘dramatically First, he normally only opens the a law, so unless legislation on those enhanced collaboration with key gov- amendment process if there is an issues is allowed to come up for a vote, ernment partners,’’ meaning he was co- agreement to limit amendments. This nothing will happen despite the sup- operating with the FBI. is usually only a handful or so. Then he port of the vast majority of the Senate He also wrote that when his agency has magically determined that only as demonstrated by those two rollcall has concerns with EB–5 cases, it germane or relevant amendments can votes I just mentioned. doesn’t decide the cases until it has be considered. As a case in point, now we are on the ‘‘fully coordinated its approach with Of course, nowhere do the Senate National Defense Authorization Act, enforcement and intelligence part- rules require this, other than and one of the amendments the major- ners.’’ postcloture. Senators elected in the ity leader blocked would have imposed I have seen examples of this so-called last few years appear to be ignorant of sanctions on the Iranian regime. Ev- coordination that Mr. Mayorkas talks

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.062 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9020 CONGRESSIONAL RECORD — SENATE December 19, 2013 about. But, again, his words don’t com- The PRESIDING OFFICER. The Sen- tion except for North Carolina. Our port with the actual practice. ator from North Carolina. citizens are paying their Federal tax- When Homeland Security’s law en- Mrs. HAGAN. Mr. President, I ask payer dollars for Federal unemploy- forcement database, TECS, has a hit on unanimous consent to speak as in ment benefits to 49 other States, even someone applying for a regional center, morning business. though our citizens cannot rely on the the Citizenship and Immigration Serv- The PRESIDING OFFICER. Without same safety net. This is not only un- ice sends an email to the law enforce- objection, it is so ordered. fair, it is hurting my State, which con- ment agency that put the record in. UNEMPLOYMENT BENEFITS tinues to have one of the highest unem- But the problem is that the Citizenship Mrs. HAGAN. Mr. President, at the ployment rates in the country at 8 per- and Immigration Service isn’t waiting end of this year, 1.3 million Americans cent, with some of the rural counties in for law enforcement to make an inves- will be cut off from their Federal un- North Carolina as high as 14.5 percent. tigation. In fact, information has come employment benefits. At the hardest As the Senate considers an extension to my attention that CIS employees time of the year, 1.3 million people will of the emergency insurance program, I are told to move forward if law enforce- lose the lifeline they have relied on to believe it is crucial to right the wrong ment doesn’t respond within 5 days. support their families while they strug- that has been done to North Caro- That is just 5 days to find out what gle to find jobs in this challenging eco- linians through no fault of their own. sensitive security or fraud information nomic climate. For this reason, I come to the floor caused that person to be flagged. If law Unfortunately, for 170,000 North today to express my thanks to my col- enforcement doesn’t get back to the Carolinians, this has already been a re- leagues, especially Majority Leader Citizenship and Immigration Service ality. Earlier this year, the North REID, Senator MAX BAUCUS, and Sen- soon enough, then that agency goes Carolina General Assembly slashed un- ator JACK REED, for working with me ahead and the person’s application is employment benefits, making North to ensure that North Carolina’s needs approved. Carolina the only State in the Nation will be addressed as we work to extend That is not coordination. That co- to actually stop receiving Federal unemployment insurance benefits into ordination is a sham. That should be emergency unemployment insurance— 2014. simply unacceptable to any of us who the only State in the Nation. This irre- I also urge my colleagues not to are concerned about the national secu- sponsible and cold-hearted action by leave their constituents to the same rity of our country. It is not the sort of the general assembly has been dev- fate as the citizens of my State, and to way to run a program with national se- astating to the thousands of individ- swiftly pass the Emergency Unemploy- curity vulnerabilities. Everybody uals and families across my State who ment Compensation Extension Act. should wait until law enforcement re- are already struggling to make ends This bipartisan legislation, introduced sponds. We need to know who is coming meet. by Senators JACK REED and DEAN into this country and not, and particu- Sydney Houston is one of 170,000 job- HELLER, would extend Federal unem- larly when they are involved in a pro- less North Carolinians who would have ployment insurance benefits, and it gram where you buy your way into the received Federal unemployment bene- would restore North Carolina’s eligi- country by buying a visa because you fits were it not for this new State law. bility to participate in the program. are supposed to be investing in this A month after the law was enacted and We must continue to work on bipar- country and creating jobs in this coun- Sydney no longer had her benefits, she tisan policies that will boost job cre- try. But for some people who may want told a North Carolina TV station that ation and get Americans back into our to get into this country for ulterior she was ironing her clothes in prepara- workforce. We need educational insti- motives, they may violate our national tion for a job interview when her elec- tutions, local employers, and job train- security; they don’t care about cre- tricity was cut off because she couldn’t ing centers to join forces to ensure ating jobs. But if it gets them inside pay her bills. ‘‘It’s been excruciating,’’ that unemployed workers are being the country, they get here. So we have she said, adding that she feared her trained for the job opportunities that to know whether they are a threat to landlord knocking on her door to evict are available right now. her at any moment. our national security. I have a bill called the America The only reason the Citizenship and People have to understand that these Works Act that would do just that. It Immigration Service even does check extended Federal unemployment insur- would close the skills gap that has on regional centers at all is because of ance benefits help these families pay been plaguing our country and it would a push within that agency that Mr. for their rent, pay for their food, and take the guessing game out of hiring. Mayorkas and his management repay for their electricity, just as in Syd- The America Works Act would ensure sisted. Now they are trying to take ney’s case. that community colleges and job train- credit for it. I also received a letter from Sherrie ing programs develop curricula that More important is what his agency Harmon, another North Carolina will lead to portable, industry-recog- has not done. They refused to kick out woman. Let me tell my colleagues nized credentials that will help train regional centers that invite national what she said. Her letter stated: our unemployed workers so they would security problems. Mr. Mayorkas I have lived in North Carolina my entire be outstanding applicants for jobs that claims he doesn’t have statutory au- life and I’ve felt proud of my State. This has are available in their local commu- thority, but the inspector general audit changed drastically. nities right now. recommended that Mr. Mayorkas Sherrie was laid off from her job at a should make clear on his own that law firm and her husband Rick lost his In the meantime, as the unemployed fraud and national security concerns job a month later. Sherrie was drawing struggle to get by while they look for are a reason for regional centers to be unemployment while searching for jobs, we should not cut them off from kicked out of the program. work and attending classes at Central the safety net that has served as their The bottom line is Mr. Mayorkas has Piedmont Community College in Char- last lifeline for taking care of their not taken the steps that were within lotte. She was in her third semester of families and putting food on the table. his power to guard against security school when she found out that her un- We should make certain that the un- vulnerabilities in the EB–5 program. employment would end. employed in North Carolina have that The inspector general’s audit report She said: same opportunity once again in spite of concludes: We are at risk of losing everything we’ve the action taken by the North Carolina Currently, U.S. Citizenship and Immigra- worked for in the 24 years we’ve been mar- General Assembly. tion Service cannot administer and manage ried. I am completely lost. I am glad to be joining my colleagues the EB–5 regional centers program effec- We have heard so many stories such in pushing to extend the unemploy- tively. as these from Sydneys and Sherries ment insurance for both North Caro- Mr. Mayorkas has had ample notice across North Carolina. linians and people across our country. of these problems for years. He has What is more, North Carolina tax There is no reason to wait any longer failed to take adequate action. dollars are going to unemployed work- to pass this critical legislation. I yield the floor. ers in every other State across the Na- I yield the floor.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.063 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9021 The PRESIDING OFFICER (Mrs. In July 2013 the Pentagon decided to I would ask all of my colleagues to GILLIBRAND). The Senator from build a 64,000-square-foot command remember what Eisenhower said and Vermont. headquarters for the U.S. military in understand that today, when we have Mr. SANDERS. Madam President, I Afghanistan that will not be utilized or this bloated and huge military budget, take this opportunity to thank Sen- even occupied. Even though the $34 there are people who are talking about ators LEVIN and INHOFE and the Com- million project was deemed unwanted massive cuts in food stamps, massive mittee on Armed Services for their by military commanders 3 years ago, cuts in education, massive cuts in af- very hard work on the Department of the military still moved ahead with fordable housing, cuts in Social Secu- Defense authorization bill. Unfortu- construction. That is one example. rity, cuts in Medicare, cuts in Med- nately, I must vote against it, and I Another example. According to a re- icaid. I would argue very strongly that want to take this opportunity to export released by the Department of De- before we cut from the elderly and the plain why I am voting no and to ex- fense inspector general this year, the children and the sick and the poor, press my very serious concerns about Pentagon has been paying contractor maybe we take a hard look at this our Nation’s bloated military budget, Boeing more than $3,357 for a piece of bloated military budget. particularly in light of the many hardware they could have purchased That is my view, but let me mention unmet needs we face as a nation. from their own hardware store, the De- what the Cato Institute has to say—not At a time when the United States has fense Logistics Agency, for $15.42. It BERNIE SANDERS but the Cato Insti- a $17.2 trillion national debt and when seems to me it would be a pretty good tute, one of the most conservative or- we spend almost as much on defense as deal to get a product for $15 that you ganizations in this country. Here is what the Cato Institute said on May 3, the rest of the world combined, the are paying over $3,000 for, but that is 2013. By the way, as I think most peo- time is long overdue for us to take a the way the Pentagon runs. ple know, my views are as far apart as hard look at the waste, at the cost Furthermore, another issue, the July possible from the Cato Institute on overruns, and at the financial mis- 2013 Special Inspector General for Af- most issues. This is what the Cato In- management that have plagued the De- ghanistan Reconstruction report institute said. Some of my conservative partment of Defense for decades. cludes the purchase of over $771 million Republican friends might want to pay As a point of comparison, the Inter- worth of aircraft that the Afghans will attention to this quote: national Institute for Strategic Studies be unable to operate and maintain. The estimates total global military spend- U.S. military spending is far too excessive Afghan Special Mission Wing has only for legitimate defense needs. . . . After se- ing in 2012 at $1.583 trillion. The U.S. one-quarter of the personnel needed to questration we will still spend more [on de- portion of that spending is over 40 per- maintain and operate the fleet, and fense], against much less severe threats, cent—$645 billion. In other words, the there are no existing DOD plans to than at the peak of the Cold War. . . . The United States is spending almost as reach full strength. The Pentagon is U.S. now accounts for 44 percent of all global much as the rest of the world combined moving forward with purchases. Most military spending. Put another way, the U.S. on defense. We are spending about $645 spends nearly as much on the military as the of that money—$553 million—has been rest of the world combined. . . . Twenty per- billion. China spends $102 billion. The awarded to a Russian company that cent of the U.S. federal budget is devoted to United Kingdom spends $64 billion. also sells weapons to Syria. military spending, while the average— Russia spends $59 billion. Other coun- These are just a few examples. Need- And this is an important point made tries spend less. less to say, there are many more. by Cato— According to the Washington Post: A recent article in Mother Jones has for our NATO allies is a mere 3.6 percent. Since 2001, the base defense budget has some interesting numbers about our Five percent of U.S. annual GDP is allocated soared from $287 billion to $530 billion—and military spending. According to the ar- to the military, but for the NATO countries, that’s before accounting for the primary ticle, 70 percent of the value of the Japan and China, it is well below 2 percent. costs of the Iraq and Afghanistan wars. Federal Government’s $1.8 trillion in . . . Today the amount Washington spends In addition to the trillions spent on on the military each year is $2,300 a person property, land, and equipment belongs in the U.S. The comparable obligation for the war in Iraq and what seems to be a to the Pentagon. The American people the average NATO country is $503 a person. never-ending war in Afghanistan, the will no doubt be interested in under- For China it is less than $200 a person. Department of Defense consistently en- standing that the Pentagon operates That is not BERNIE SANDERS; that is gages in wasteful, inefficient, and often more than 170 golf courses worldwide. the Cato Institute. fraudulent spending. At a time when we now spend almost The situation is so absurd that the At my request several years ago the as much as the rest of the world com- Pentagon is unable to even account for Department of Defense issued a report bined on defense, we can make judi- how it spends its money. Earlier this detailing the breadth of fraud that ex- cious cuts in our Armed Forces with- year the Government Accountability ists within the Pentagon—the simple out compromising our military capa- Office cited its inability—that is, the issue of massive fraud. The report bility. I think everybody in the Con- GAO’s ability—to audit the Pentagon. showed that the Pentagon paid over gress believes and understands that we They wrote that they were unable to do $573 billion during the past 10 years to need a strong defense—no debate about a comprehensive financial analysis due more than 300 contractors involved in that—but we do not need a defense to ‘‘serious financial management civil fraud cases that resulted in judg- budget that is bloated, that is wasteful, problems at the Department of Defense ments of more than $1 million—$398 and that has in it many areas of fraud. that made its financial statements billion of which was awarded after set- In this respect, I hope my Republican unauditable.’’ That is from the Govern- tlement or judgment for fraud. When colleagues and, in fact, all of my col- ment Accountability Office. So we are awards to parent companies are count- leagues remember what former Presi- voting for a budget that the GAO says ed, the Pentagon paid more than $1.1 dent Dwight Eisenhower, a good Re- they cannot even audit—for the most trillion during the past 10 years just to publican, said on April 16, 1953, just as expensive agency in government. the 37 top companies engaged in fraud. he was leaving office. What he said Let me now quote from an article The bottom line is that almost every then was profound, and it is as true that appeared in the Washington Post major defense contractor in this coun- today as when he said it 60 years ago. on August 29, 2013. The defense budg- try has in one way or another been in- This is what he said: et—a purposefully opaque document— volved in fraudulent dealings with the Every gun that is made, every warship includes what is known as the black taxpayers of this country and the De- launched, every rocket signifies, in the final budget. The information I am pro- partment of Defense. sense, a theft from those who hunger and are viding here comes from the Washington Further, above and beyond fraud, the not fed, those who are cold and are not post—$52.6 billion that funds the CIA, waste at the Pentagon is rampant, and clothed. This world in arms is not spending NSA, and other secret intelligence we can go on for many hours just docu- money alone. It is spending the sweat of its laborers, the genius of its scientists, the agencies. The CIA, NSA, and National menting the waste, but let me give just hopes of its children. . . . This is not a way Reconnaissance Office receive more a few—a few—of the kinds of waste of life at all, in any true sense. Under the than 68 percent of the black budget, that the Pentagon regularly engages cloud of threatening war, it is humanity with the NSA receiving $10.8 billion an- in. These are just a very few examples. hanging from a cross of iron. nually. At a time when the NSA has

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.065 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9022 CONGRESSIONAL RECORD — SENATE December 19, 2013 been engaging in what I consider to be Congress adjourning without com- questioning, capitalism-killing, cor- unconstitutional activities—the wide- pleting it, sending total corporate un- porate-questioning tax breaks for the spread collection of American citizens’ predictability out into the market- nascent but growing and vibrant new data—I think we can find the ability to place, knowing that we need to have a technologies that the Chinese and the make some cuts in what they are robust, competitive marketplace. Germans and the Danes and others see doing. Honestly, Adam Smith is spinning in as their job-creating sectors in their I support a strong defense for our his grave as he watches a Senate ad- economy. country and a robust National Guard journ without continuing the tax I thank the Senator from Oklahoma and Reserve that can meet our domes- breaks for wind, as the tax breaks for for this opportunity. tic and foreign challenges. The Na- all of its competitive industries con- I yield the floor. tional Guard provides a well-trained, tinue on year after year. They are per- The PRESIDING OFFICER. The Sen- disciplined, and operationally ready manent tax breaks. Actually, Adam ator from Oklahoma. force for a fraction of the cost that Ac- Smith is spinning in his grave so rap- MAYORKAS NOMINATION tive-Duty soldiers require. The Reserve idly that he would qualify for a perma- Mr. COBURN. Madam President, to Forces do not require nearly the same nent tax break, because he would be comment on my colleague from Massa- level of overhead in terms of full-time generating so much energy, wondering chusetts, he is correct that the tax employment and infrastructure costs. how can you have such inconsistency? credits for wind energy are expiring, So as we move forward trying to de- How can you have one source of energy but he is incorrect in his ascertain- velop how we have a cost-effective de- have to come in almost like a men- ment that all tax credits are the same. fense, I think we should put a great dicant each year begging, and then The tax credits in the oil and gas in- deal of emphasis on our National Guard having the year expire, after having dustry are deferred tax payments, and and on the Reserve. added 13,000 megawatts of new elec- the $7 billion they collect this year, in Let me conclude by saying in Amer- tricity to the grid last year, knowing terms of deferred payments, in terms of ica today our middle class is strug- that the entire nuclear industry only intangible drilling costs, will, in fact, gling. We have more people living in added 100,000 in 60 years? be made up for with $7 billion of pay- Here we are again. Those tax breaks poverty than at any time in the history ments from 10 years ago. So the net- are going to expire. We are going to of our country. Real unemployment is net is zero, whereas the wind industry leave here. We could not get unani- over 13 percent; youth unemployment, has a tax credit which the American mous consent in order to take them up 20 percent; African-American youth un- consumer subsidizes to the tune of a here today to extend those tax breaks. employment, close to 40 percent. significant amount, the value of the Once again, the energy sources of the We have an infrastructure which is electricity that we get there. So it is future, the innovative new energy crumbling. We have large numbers of viable—if we were to put the wind en- sources, pay the price. They are not al- young people graduating from college ergy tax credit the same as we have in lowed to be given permanent status or, deeply in debt. We have others who the oil and gas industry, I would hap- as we leave here, any status at all as of cannot even afford to go to college be- pily support it, where it was a delayed the end of this year. capture of later revenues flowing back cause of the high cost of college. In Young people in our country, the to the Treasury. But that is not what other words, this country faces monu- green energy generation, looked and we want. We want to give a refundable mental problems. On top of that, we they asked: Well, why can’t we have have a $17.2 trillion national debt. our era’s energy technologies given tax credit directly to wind energy. It is It would seem to me that it is impor- permanent tax breaks or at least year not the same. The apples are not the tant we get our priorities straight. One to year before you go home? Why can’t same. I came to the floor this evening re- of the priorities we should be getting you have that kind of a debate out grettably having to come and make straight is that we cannot give the De- there? Why is there a debate at all, to this statement I am making. In the partment of Defense all they want. It is be honest with you, given the fact that last month we have seen a lot of things time to take a very hard look at that there is $7 billion a year that is going budget in a way we have not done up to to be given to the oil industry, a per- happen in the Senate, which have led this point. manent tax break? to other things happening in the Sen- I yield the floor. We are not looking for that for wind. ate. I do not think anybody is happy The PRESIDING OFFICER. The Sen- We are looking at much smaller about it. But today, the leader is tak- ator from Oklahoma. amounts of tax benefits. So from my ing the unprecedented step—I say that Mr. COBURN. Madam President, I perspective, I look at the warming underlining the word unprecedented— ask unanimous consent that the Sen- planet, I look at the Chinese and others of having the Senate vote on a nominee ator from Massachusetts be recognized who are targeting wind sources. I was who is currently under active inves- for 5 minutes and that I follow with my in China in 2009. We rode by a wind fac- tigation. comments until I complete them. tory with wind turbines, hundreds of I have no premonitions or knowledge The PRESIDING OFFICER. Without them. They were all, in a lot of ways, about the specific facts of that inves- objection, it is so ordered. pointing right at the American econ- tigation. But what I do know, in check- The Senator from Massachusetts. omy, in the same way that those Cuban ing with the Senate historian, the Sen- Mr. MARKEY. I thank the Senator missiles were pointing at our country ate library, and from the history of the from Oklahoma. in 1962—pointing right at us, a threat Senate, is that it has never been done This final couple of days that we are to us. But in the 21st century, it is a before. It has never been done. So my going to be in session are very impor- threat to our economy because we are reason in coming to the floor is, No. 1, tant because they are the days pre- not investing in these new technologies to defend my position and what should ceding the expiration of the wind en- in the way we continue to invest in the be the position of the Senate, and to ergy tax break. It expires on December old. make the case to my colleagues that 31. There are energy efficiency tax The least it could be and should be is we are doing a disservice both to this breaks that expire on December 31. a level playing field. Let’s see who nominee and to the position he will fill. This is unfortunate, because these wins. Let’s let capitalism work. Let’s By all letters of recommendation, are industries that are rapidly growing. have this true Darwinian paranoia-in- Alejandro Mayorkas is an honorable But let’s take note here. If you are the ducing capitalism that allows for win- man. President Obama is nominating oil industry or other older fossil fuel ners to be selected based upon the same him to be Deputy Secretary at the De- industries, your tax breaks are not ex- kind of tax breaks for everyone. If that partment of Homeland Security. Under piring on December 31. For the wind in- is the case, I think everyone would be the new Senate rules, the minority has dustry, for the renewable energy indus- happy. But that is not the way it is essentially no right to stop the major- try, we have to come back out here going to be this year. That is not the ity from forcing through a nominee every year and try to get those tax way it is most years. who possibly, just possibly, may be breaks renewed. Each year as we reach Permanent tax breaks for the older unfit for office on the basis of this in- this December 31 date, we talk about a technologies, and the kind of halting, vestigation. Nobody is saying he is.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.066 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9023 They are not saying no. They are say- eral of the Food and Drug Administra- cently resigned. They are reviewing al- ing wait. This is, in fact, the very act tion probed claims, allegations, that legations of conflict of interest, misuse the Republicans were afraid of when Mr. Crawford had an affair with a co- of position, mismanagement of EB–5 Leader REID facilitated the change in worker and gave her preferential treat- investor visa program, and an appear- the Senate rules by breaking the Sen- ment. Once again, the OIG’s review was ance of impropriety. They are all seri- ate rules. complete. The OIG concluded that the ous concerns. I hope they aren’t true, The Senate is going to cast this vote allegations could not be substantiated, but right now we don’t have all of the without knowledge, full knowledge, of and the HELP Committee voted to con- facts. advice and consent on his fitness for firm him. While I understand OIG is not cur- his position. We can do nothing to stop In 2004, the Senate Banking Com- rently aware of any criminal activity, that. We realize that. mittee did not schedule a vote on since the investigation is still open and The precedent we are talking about Alphonso Jackson to serve as Chair- several interviews remain, that could is historic. Holding this vote in light of man of the Department of Housing and possibly change. an active investigation into serious rel- Urban Development until the HUD in- evant allegations of misconduct by any spector general determined Mr. Jack- As I understand, however, the OIG nominee appears to be virtually with- son had not violated the Department’s plans to complete its investigation and out any precedent in this body. We workplace violence policies as subordi- release its findings in a few short searched extensively for any precedent, nates had alleged. months. Until then, we won’t know for the decision to hold a vote on this All of this advises us strongly to what is only an allegation and what nomination. delay a vote on Mr. Mayorkas until the will be proven by evidence and facts. The Congressional Research Service OIG investigation into his alleged ac- Most concerning to me is the fact studied this. It has never happened be- tions is concluded. I would suggest that that the White House failed to alert me fore. Never. In fact, they discovered the we should learn from history and not or the committee chairman to the fact opposite. The Senate has established a move forward with this nomination. If that Mr. Mayorkas was under inves- history and followed a practice that it was true for the Senate then, and if tigation, which they had an obligation should lead us to postpone consider- it was true for Senator BIDEN, if it was to do. In fact, the letter from White ation of any nominee under investiga- true for Senator Obama, if it was true House counsel conveniently doesn’t tion. Here are some examples they for their colleagues and many Senators confirm or deny whether the President found. who maintain this precedent until was aware Mr. Mayorkas was even In January of 2005, President George today, it should be true for us now. under investigation. It is unclear to me Bush nominated Ken Tomlinson to be Last week, when Mr. Mayorkas was ARPER wasn’t troubled Chairman of the Broadcasting Board of considered by the Homeland Security why Chairman C Governors. An active inspector gen- and Governmental Affairs Committee, by the White House being less than eral’s investigation into allegations of my chairman justified moving forward honest with him about a nominee he unethical behavior by Mr. Tomlinson with the nomination by asserting that was expected to fast track for nomina- led the Senate panel to delay action on the DHS OIG had not identified any tion. the nomination for over 18 months. He criminal wrongdoing by Mr. Mayorkas. I have spoken to a number of whistle- was never confirmed. At present, the DHS OIG is only con- blowers within DHS who have concerns Later that same year, President Bush sidering allegations of conflicts of in- about Mr. Mayorkas’ fitness for posi- nominated Roland Arnall to the post of terest, misuse of position, mismanage- tion. These whistleblowers have made U.S. Ambassador to The Netherlands. ment, and appearance of impropriety. serious allegations about how Mr. At the time Mr. Arnall’s firm was In none of those situations I identified Mayorkas has overseen and influenced being investigated by regulators in 30 were the nominees under criminal in- the EB–5 program. They are only alle- States for predatory lending. Then- vestigation. Yet the Senate delayed its gations, but they do raise questions. Foreign Relations Committee chair- vote until each investigation was fin- They raise questions about his alle- man Republican Senator Richard ished. Since the DHS OIG has not com- giance to DHS’s core mission to pre- Lugar consented to a request by Demo- pleted its investigation, we do not vent terrorism and enhance security. crats that October to delay voting on know if there will ultimately be any A number of the allegations extend the nominee because of the investiga- criminal findings. I doubt that there well beyond the EB–5 program and tions. Senator JOSEPH BIDEN spoke out will. raise concerns about the fitness for the in favor of the delay, as did Senator We do know, based on the precedent No. 2 position in DHS. They include the Paul Sarbanes, who cited longstanding that I cited, an investigation into any following: attempts by Mr. Mayorkas precedent for delaying a vote until the potential wrongdoing, whether crimi- to obstruct the investigations by Con- nominee was ‘‘clear.’’ Mr. Arnall was nal or not, is enough for the Senate to gress; allegations of preventing pro- eventually voted out of committee, delay a vote on an important nominee, after Republicans concluded the inves- or at least it used to be. gram integrity measures requested by tigation did not target the nominee Of course, the Senate recently the Federal Bureau of Investigation; personally, but he was not confirmed changed. The majority leader exercised intimidation of employees who ques- by the full Senate until the following the so-called nuclear option, changing tioned agency policies; susceptibility February, 7 months after he was nomi- the rules by breaking the rules, grant- to political influence; failing to prop- nated, when his company agreed to end ing my colleagues the new power to erly enforce program integrity mecha- the investigations by settling the cases push administration nominees through nisms, resulting in potential threats to against him. the confirmation process with a simple national security. My friend President Obama, who majority. Whistleblowers who spoke to the nominated Mr. Mayorkas, was a mem- The leader is attempting to use this Wall Street Journal said that Mr. ber of the Foreign Relations Com- new power to push through scores of Mayorkas fast-tracked approvals of mittee at that time. Then he seemed to nominees in the last few days this ses- certain EB–5 applications over objec- agree that nominees facing investiga- sion. But scrutiny and judgment should tions regarding the suspicious source of tions should not receive a vote. A 2006 not be diminished in a partisan rush to funds to rebuild the casino in Las LA Times story on Mr. Arnall’s con- get one’s way. Forget the rest of the Vegas which, in fact, was noted in a re- firmation quoted then-Senator nominees; this is one where an open in- cent article by the Washington Times. Obama’s spokesman as saying: Because vestigation is currently underway. I ask unanimous consent to have a settlement has been reached, Senator With this nominee before us, Mr. Obama will not seek to block his nomi- Mayorkas might do well to wait for all printed in the RECORD the article by nation. the facts. the Wall Street Journal. A vote on another Bush nominee, As we all know, the DHS OIG is also There being no objection, the mate- Lester Crawford, was delayed for 2 currently under investigation. This of- rial was ordered to be printed in the months in 2005 while the inspector gen- fice is reviewing the leader who re- RECORD as follows:

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.070 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9024 CONGRESSIONAL RECORD — SENATE December 19, 2013 [From the Washington Times, Dec. 10, 2013] ably be the only ‘new’ property opening up ‘‘I strongly encourage you to consider this VEGAS RULES: HARRY REID PUSHED FEDS TO on the Strip for some time, and if their $300 request and the impact the project will have CHANGE RULING FOR CASINO’S BIG-MONEY million senior lending facility from JP Mor- on Nevada’s economy,’’ he wrote, under the FOREIGNERS gan Chase expires because these visas aren’t assumption that the petitions were still being processed. ‘‘Time is of the essence and (By John Solomon and David Sherfinski) processed expeditiously, it will be a huge set- back for the project and the 8,600 jobs associ- advancing Nevada’s economy would be The Obama administration overruled ca- ated with it,’’ Michael Vannozzi, then a top strongly supported by this project.’’ reer Homeland Security officials and expe- aide to Mr. Reid, wrote Homeland Security Mr. Heller’s office said there were no sub- dited visa applications for about two dozen officials at one point. sequent conversations with USCIS or DHS. foreign investors for a politically connected The hotel needed the foreign investors’ According to the plan, the project is esti- Las Vegas casino hotel after repeated pres- visas to be approved so that their money mated to create 8,600 jobs. sure from Senate Majority Leader Harry could be brought into the country and paired Peter Joseph, executive director of the As- Reid and his staff, according to internal gov- with the JP Morgan financing to underwrite sociation to Invest in the USA (IIUSA), a ernment documents obtained by The Wash- the renovation of the hotel, the documents membership organization representing 107 ington Times. stated. federally designated EB–5 Regional Centers The move to overturn what is normally a Within a few short weeks of Mr. Reid’s per- across the country, pointed out that USCIS non-appealable visa decision came despite sonal intervention, the decision not to expe- is dealing with a backlog of about 7,000 appli- concerns about ‘‘suspicious financial activ- dite the visas was reversed, allowing the cations—proof that they’re employing care- ity’’ involving some of the visa applicants hotel to secure major funding from JP Mor- ful scrutiny. ‘‘Based on the backlog, they clearly take it from Asia, and it ultimately benefited sev- gan Chase. seriously, and rightfully so,’’ he said. ‘‘I eral companies whose executives have do- ‘‘Applications approved for expedited proc- think that the data tells the story—that this nated heavily in recent years to Democrats, essing move to the front of the processing is a program that is being administered care- the documents show. It also ensnared Mr. queue but otherwise go through the same ro- fully with the appropriate in-house exper- Obama’s current nominee to be the No. 2 bust eligibility and security review utilized Homeland Security official, Alejandro ‘‘Ali’’ tise.’’ for all EB–5 decisions,’’ the spokesman said. DHS declined to say which specific cases Mayorkas, whose appointment is to be re- A spokeswoman for Mr. Reid said the sen- had been expedited. It is not clear whether viewed by the Senate on Wednesday. ator ‘‘has supported and will support the The intervention from Mr. Reid’s staff was the applications flagged for security reasons SLS Las Vegas in any way he can.’’ were ultimately approved, but USCIS said in so intense at one point a year ago that a U.S. ‘‘Sen. Reid believes it is his job to do all he a statement that the agency ‘‘takes seri- Citizenship and Immigration Services can to promote economic growth and devel- (USCIS) official reported that it prompted a ously our responsibility to safeguard na- opment in the state, and he makes no apolo- tional security and public safety while decid- phone shouting match, turning a normally gies for helping to bring jobs to Nevada,’’ bureaucratic review process inside the ing requests for immigration benefits.’’ spokeswoman Kristen Orthman said. ‘‘USCIS subjects all benefit requests to a Homeland Security Department into a po- Hotel officials did not respond to a request background check process which includes co- litically charged drama that worried career for comment. ordinating with law enforcement agencies officials. The emergence of the documents comes at where applicable,’’ the statement reads. ‘‘This one is going to be a major headache a sensitive time for the Obama administra- ‘‘USCIS does not proceed to a final decision for us all because Sen. Reid’s office/staff is tion and Mr. Mayorkas, whose nomination to regarding any benefit requests until con- pushing hard and I just had a long yelling be deputy secretary of DHS is being consid- cerns identified during the background match on the phone,’’ USCIS Legislative Af- ered Wednesday by a Senate committee. check process are sufficiently resolved.’’ fairs official Miguel ‘‘Mike’’ Rodriguez Mr. Mayorkas and his agency are already The Las Vegas Review-Journal reported in warned in a Dec. 5, 2012, email to Homeland under investigation for visa application deci- February that SBE Entertainment was in- Security Department officials. sions made involving an electric car com- deed able to secure the last piece of the $415 The emails, obtained by The Times from pany associated with Terry McAuliffe, a million in financing that they were seeking. government officials concerned that the EB– longtime Democratic fundraiser and now the SBE Chief Executive Officer Sam Nazarian 5 investor visa program has become too po- governor-elect of Virginia. said the money raised through the EB–5 liticized, detail how the SLS Hotel, formerly Officials say the EB–5 program, created by funding was ‘‘far above’’ what had been ex- known as the Sahara Casino, tried to jump Congress in 1990, is designed to attract inves- pected and would allow SBE to pay down its to the head of the line for its request for tors willing to risk capital in ventures that senior note on the property, the paper re- about two dozen visas for Asian investors will create jobs in the United States. Would- ported. The terms of the project required willing to help it fund a major renovation of be entrepreneurs who invest at least $500,000 $115 million in EB–5 capital. the storied property on the Las Vegas Strip. in a new U.S. business can apply. The project was apparently struggling to Despite early pressure from Mr. Reid’s The citizenship services agency says the secure that last bit of funding. Adam Horo- staff, career officials inside the Department goal of the program is to ‘‘stimulate the U.S. witz of Lever Capital Partners wrote to the of Homeland Security initially turned down economy through job creation and capital in- managing director of Stockbridge Real Es- the SLS Hotel on the grounds that it failed vestment by foreign investors.’’ tate Funds, which was working on the to meet the criteria for expedited review. Almost all foreign investments in the EB– project, on January 24 saying they had The decision dated Dec. 17, 2012, stated flatly 5 program are channeled through special reached out to more than 70 national and that ‘‘there is no appeal or reconsideration companies called ‘‘regional centers.’’ Once international investors/lenders, and all but of this decision.’’ their business plan is approved by immigra- one said their lack of knowledge of the EB– But that simply prompted Mr. Reid to per- tion officials, the companies bundle invest- 5 program would prevent them from pro- sonally reach out to the top official at ments into qualifying new businesses. Inves- viding capital for the project. USCIS, Alejandro ‘‘Ali’’ Mayorkas, setting tors then can apply for an EB–5 visa, and, if ‘‘Brevet Capital, a New York City based into motion a process that consumed top po- approved, can claim a conditional green card private equity fund, was the one lender that litical officials inside the Homeland Security immediately upon entry to the United showed interest since they had been spending and Commerce departments and ultimately States. After two years, the conditions are time working on such projects,’’ Mr. Horo- resulted in a ruling that granted expedited removed if the investment has created the witz wrote. ‘‘Their one hurdle was that there status to the hotel over the objections of ca- jobs or looks likely to. needed to be at least one (1) I–526 petition ap- reer officials. The emails referencing Mr. Reid’s inter- proval. Since that approval has not been ‘‘Ali had a call with Sen. Reid on these I– vention could increase concerns that the granted they have currently withdrawn from 526 cases on Tuesday of this week,’’ Mr.- worker visa program has been exploited by discussions.’’ Rodriguez wrote top officials on Jan. 11. political pressures. Mr. COBURN. I understand that some ‘‘While no guarantees were made on the call, ‘‘It’s not one party’s monopoly, but it’s of my colleagues on the other side are Ali did promise the Senator that USCIS kind of inherently worrisome,’’ said David frustrated that whistleblowers have would take a ‘fresh look’ at the expedited re- North, a policy analyst at the Center for Im- not come forward to speak to them. To quest.’’ migration Studies, a group that advocates Government officials did a lot more than for less immigration into the U.S. ‘‘There be clear, I have communicated this re- give a fresh look—forwarding from Mr. certainly are political pressures to cut short quest to the whistleblowers and have Reid’s office the names of people involved the review process.’’ invited those whistleblowers who have with the hotel project that could help the Executives for the two main companies in- spoken to come to my office to speak federal agency change its mind on the expe- volved in the hotel project have donated to the majority, twice. But they have dited status request. Mr. Reid’s staff repeat- more than $127,000 to political causes over told me that they have the fear they edly made the case that the hotel would lose the last three elections, mostly to Demo- will face retribution if their identities its potential funding for its renovation if crats, Federal Election Commission records Homeland Security’s USCIS didn’t expedite show. become known and that they will lose the visas. Sen. Dean Heller, Nevada Republican, their jobs. Putting myself in their ‘‘As you can imagine this project is pretty wrote a letter on the matter to USCIS Cali- shoes, I can’t blame them. I cannot important to Southern Nevada. It will prob- fornia Service Center on December 19, 2012. provide them with protection.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.004 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9025 They have also heard Members of Quoting: where the IG made these points and this Senate dismiss their serious alle- To my amazement, Director Mayorkas has promises. gations. For example, the Senator from never been contacted about this EB–5 inves- The chairman also stated this fact, Delaware referred to the whistleblower tigation. and news outlets erroneously reported allegations as rumor and innuendo. If Later he said: this inaccurate claim, that the inves- you were an official who had come for- I cannot understand why they [OIG] have tigation was being handled by only one ward with serious concerns about im- not talked to Mr. Mayorkas. investigator and two assistants. proper behavior, potentially putting It is common practice to investigate His quote was: ‘‘We learned that your livelihood at risk, would you feel the central figure in an investigation there is one investigator assigned,’’ he comfortable speaking with somebody closer to the end of an investigation claimed, ‘‘one investigator and two re- who has already dismissed your allega- after evidence has been reviewed and search assistants.’’ tions as rumor and innuendo? collected. There are many reasons for This is not true. The OIG has told our So we will leave it to the inspector this practice. One is that you do not staff the case has a lead investigator— general’s office to consider whistle- know what to ask the subject until you and that is true, an absolute common blower allegations and all of the evi- have gathered all the information you practice for investigations and most in- dence to determine whether any inap- can about his or her alleged mis- vestigative and sensitive endeavors— propriate or criminal activity took conduct. Another is that it minimizes but they were further told that the OIG place. Again, we will know that judg- the impact of the investigation on the had a rotating team of investigators, ment in a short 2 months. subject, which can be an understand- experts, research assistants, and staff However, we do have other informa- able concern when investigating a busy help on various aspects of the inves- tion that raises serious concerns about top official such as our present nomi- tigation. This is a common practice, this nomination. The committee’s busi- nee. Early meetings can result in hav- assigning leads to individual investiga- ness meeting last week to consider Mr. ing to hold several interviews with the tions but sharing a larger pool of as- Mayorkas is a perfect example of why same official, asking questions about sistant investigative resources. It is the Senate should wait for the OIG’s topics or allegations which could even- followed, to a great extent, by our own investigation to be completed. At that tually be dismissed without their testi- Permanent Subcommittee on Inves- meeting the chairman gave a lengthy mony by not identifying exculpatory tigations. I don’t understand why the opening statement that made a number evidence beforehand. chairman’s characterization would of concerning and inaccurate state- While the scheduling for this inter- stray so far from the facts established ments which served to denigrate the view was upsetting to the chairman, it in conversations involving both our 650 employees at the Office of Inspector should not be to Mr. Mayorkas. He is a staffs or from common sense. General at Homeland Security. seasoned prosecutor and familiar with I am also disappointed that it charac- The office deserves some criticism, the process of the investigations, and terized the investigation as having a that is for sure, as our Subcommittee he knows what to expect. ‘‘lack of progress,’’ which was ‘‘unac- on Financial and Contracting Over- The chairman also claimed at the ceptable’’ and ‘‘unfair, not just to Mr. sight has determined. Rather than rely committee vote that the OIG has re- Mayorkas but to a Department full of on their insights, he came up with peatedly given him deadlines and had people who need leadership, and to a some of his own. There are actual missed them. The chairman inferred nation that is counting on the Depart- misstatements of fact, and they only that we could not trust their word on ment to help protect them.’’ serve to further obscure a complicated when this investigation could be com- The truth is it is not uncommon for and difficult situation. pleted. investigations of senior officials to last For example, the chairman claimed Specifically he said: ‘‘I was . . . in- a year or longer and is not a matter that 3 days before the confirmation formed that the investigation was like- which should be rushed by anyone, cer- hearing on July 25, information about ly to conclude in October.’’ tainly not the chairman of the author- the OIG investigation was leaked to Later he claimed: ‘‘We have no guar- izing committee. Congress and the media in a highly ir- antee this investigation will simply This is the kind of rhetoric which regular manner. not drag on and on . . . it has already causes concern in some quarters that As he knows, and his own committee slipped several times.’’ the chairman and others are applying record should indicate, the existence of Later he added: inappropriate pressure on an agency’s the investigation was not leaked to Each time we get an estimated timeline internal processes and deliberation. Po- Congress in a highly irregular manner, for completion, the date slips. First we were litical pressure is simply not helpful to it was emailed to his staff, as well as told October, then perhaps December. And as anyone. In fact, it can actually hinder mine, as an official communication by of last week, the IG said there were at least the investigation and weaken public the DHS OIG congressional liaison of- several months of work remaining. acceptance for the findings, particu- fice. If there was anything irregular None of this is true. According to my larly if they exonerate Mr. Mayorkas. about the situation, it was that the office records of the conversations with People may allege, as they have al- White House had not already confirmed the inspector general, we have no ready, that the Office of Inspector Gen- there was an investigation ongoing. We record or recollection that the inspec- eral waters down and weakens its find- had a right to that information, and it tor general ever promised a date cer- ing in response to political pressures had been improperly kept from us. tain of completion in October. Neither such as this. In the face of the White House’s inap- do we have any record indicating the If the OIG investigation results in a propriate omission, the OIG chose to IG suggested December. Unless the IG clean bill of health for Mr. Mayorkas, inform us. I am sure it was a hard communicated to the chairman these how many Americans, how many DHS choice, but I believe it was the right deadlines in the private conversations employees, will wonder if the chair- one. If they had not done so, we would which he arranged without my knowl- man’s repeated disparaging remarks not have known of the investigation of edge or involvement, these statements were indicative of a political pressure the sort which the Senate, in normal appear to be simply false. applied which improperly swayed the times, would have given great weight I would also say I cannot imagine the results? No one is served by his com- to and not moved forward on. chairman or staff would engage in a ments. What is more, they are not a re- As DHS often tells us: If you see private conversation with the inspector flection of the shared concern he something, say something. general regarding a sensitive investiga- voiced with me in our joint correspond- The chairman also repeatedly faulted tion into a political official. Such con- ence to the inspector general. I simply the OIG for refraining from inter- versation would be a breach not only of do not understand why he would inter- viewing Mr. Mayorkas until the end of our practices but could raise ethical vene in such a vocal, public way, which its investigation. This appears to be a concerns of exerting undue influence could cast doubt and suspicion on the criticism borne from a lack of experi- upon an official proceeding. results of the investigation. ence and knowledge of the investiga- I urge him to correct the RECORD or The other thing about this vote is it tive process. show us in detail the conversations is unfair to Mr. Mayorkas. I have

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.072 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9026 CONGRESSIONAL RECORD — SENATE December 19, 2013 talked a lot about process and the need imum, review the work done by the Case Against Procurement Agent.’’ I under- to know the findings of the DHS OIG DHS OIG, draw our own conclusions, stand the tasking requested ICE identify any report before we vote on Mr. Mayorkas. and then vote accordingly without all gaps in procedure and information in the But no one seems to understand just the facts before us. EB–5 program and recommend mitigating steps. In response, ICE allegedly counted sev- how unfair this vote is to the nominee. Even more concerning, by deni- eral vulnerabilities, all relating to criminal By pushing his nomination through grating the open DHS OIG investiga- and/or national security threats. both the committee and the full Sen- tion, the Senate is sending a message I would like to learn more about any pro- ate, Senator CARPER and Leader REID to other OIGs that their investigations gram vulnerabilities identified by the ICE have denied Mr. Mayorkas a chance to don’t matter. Obviously, that is incred- assessment. win bipartisan support. ibly significant given our dependence Please provide my office with the following I have only voted against one nomi- on these watchdogs to oversee the huge documents and information: nee who has come through our com- government agencies and bureauc- 1. A copy of the tasking referenced above; mittee, only 1 out of 20. I would like to racies created by this body. We must 2. A copy of the ICE/HSI response ref- be able to vote for Mr. Mayorkas if, in respect and support the work done by erenced above; fact, OIG shows him a clean bill. The 3. An explanation of what issues and con- inspectors general. In my opinion, the cerns led to the issuance of the tasking; reason it is sad that he can’t win bipar- damage being done to the DHS OIG and 4. An explanation of how the ICE/HSI re- tisan support is that under the new the respect of IGs throughout the gov- sponse was received, including the date of re- Senate rules it is possible for my col- ernment by holding this vote is far ceipt, whether a briefing occurred, and if any leagues to confirm him without a sin- worse than any damage done by the of- follow up information was requested; and gle Republican vote. When they do fice’s current leadership. 5. An explanation of subsequent actions, if that, they will be delivering to the De- The results of this investigation are any, taken by or on behalf of the Secretary partment a nominee who arrives with not the only unknown regarding Mr. following the receipt of the ICE/HSI re- only his party’s support, and he will be Mayorkas’s service as Director of U.S. sponse. trailed by a cloud of doubt and dis- Citizenship and Immigration Services. Further, I also ask you provide your as- content. sessment of the national security and fraud Despite a number of concerns regarding vulnerabilities in the EB–5 program, if any, The allegations against Mr. national security and criminal vulner- and how you plan to address them. Mayorkas relate mainly to his manage- abilities in the EB–5 program, we know I appreciate your urgent attention to this ment of the EB–5 immigrant visa pro- the program expanded drastically matter. I request your response by October gram in his role as Director of the U.S. under the nominee’s hand and we have 31, 2013. Should you have any questions, Citizenship and Immigration Services. not yet seen evidence that he pursued please contact Keith Ashdown on my com- As I understand it, the investigation significant regulatory changes to ad- mittee staff. into Mr. Mayorkas began in an uncon- dress the weaknesses that were known. Thank you for your consideration and as- ventional way by one person speaking Two months ago I personally asked sistance. out after their heavily documented Sincerely, DHS and other agencies for an answer TOM A. COBURN, M.D., concerns were dismissed. To me, this on how the administration is dealing U.S. Senator. only adds validity to the allegations. with the concerns, and I have received In the course of its investigation, the no response as of yet. These include an Washington, DC, October 18, 2013. DHS OIG discovered other allegations October 18 letter in which I requested Acting Director JOHN SANDWEG, of impropriety, including conflicts of information from Acting Secretary U.S. Immigration and Customs Enforcement, interest, misuse of position, mis- Rand Beers on EB–5 national security Washington, DC. management, and the appearance of concerns identified by the agency itself DEAR DIRECTOR SANDWEG: I write to re- impropriety. Those allegations could in a draft report. I received no request certain information related to the EB– 5 ‘‘investor visa’’ program operated by the speak to a candidate’s fitness for public sponse. service, especially if he is not fully Department of Homeland Security’s U.S. The same day, I also asked Acting Citizenship and Immigration Services cleared to help lead the Department of ICE Director John Sandweg for the (USCIS). Homeland Security. It is wholly unrea- same information. I received no re- It has recently come to my attention that sonable to ask Senators to endorse the sponse. the Secretary’s office may have concerns re- nominee’s fitness for service until I also requested information from garding the EB–5 program, which it commu- those questions are answered. National Security Adviser Susan Rice nicated to U.S. Immigration and Customs In an attempt to discredit the inves- regarding known national security con- Enforcement (ICE) and Homeland Security tigation, some people have cited the cerns created by the EB–5 program. To Investigations (HSI) several months ago by problems plaguing leadership in the allegedly issuing a tasking titled ‘‘Request date, I have received no response. for Information Implications of ICE Case DHS OIG office, the inspector general Just last month, on November 1, Sen- in particular. In fact, the Financial and Against Procurement Agent.’’ ator GRASSLEY and I requested infor- I understand the tasking requested ICE to Contracting Oversight Subcommittee mation from Acting Secretary Beers on identify gaps in procedure and information of the Committee on Homeland Secu- how the agency is addressing the in the EB–5 program and recommend miti- rity and Governmental Affairs is cur- known national security concerns with gating steps. In response, ICE allegedly rently conducting and will release soon EB–5. Again, silence. No response. counted several vulnerabilities, all relating their bipartisan investigation into a I ask unanimous consent to have to criminal and/or national security threats. Please provide my office with the following number of allegations. printed in the RECORD these letters re- documents and information: While I agree those allegations sur- questing information. rounding OIG leadership are troubling, 1. A copy of ICE/HSI’s response to the There being no objection, the mate- tasking; and the problems of one person do not in- rial was ordered to be printed in the validate the work done by an office of 2. A copy of any other reviews or requests RECORD, as follows: for information that ICE or HSI conducted of over 650 people. OIG work in every Washington, DC, October 18, 2013. the EB–5 program after this tasking. agency should be taken seriously. Acting Secretary RAND BEERS, In addition, I ask that you arrange for the In January of this year, Senator CAR- U.S. Department of Homeland Security, appropriate officials at ICE or HSI to provide PER joined me and members of the Washington, DC. a briefing to my staff about the ICE/HSI re- Homeland Security and Governmental DEAR ACTING SECRETARY BEERS: I write to view of the EB–5 program. Affairs Committee in sending a letter request certain information related to the I appreciate your urgent attention to this to President Obama urging him to fill EB–5 ‘‘investor visa’’ program operated by matter. I request your response by October the vacant inspector general positions the Department of Homeland Security’s U.S. 31, 2013. Should you have any questions, at a number of key agencies, including Citizenship and Immigration Services please contact Keith Ashdown on my committee staff. DHS. In that letter, we said, ‘‘Inspec- (USCIS). It is my understanding the Secretary’s of- Thank you in advance for your consider- tors general are an essential compo- fice issued a tasking to U.S. Immigration ation. nent of government oversight.’’ We do and Customs Enforcement (ICE) Homeland Sincerely, a disservice to that statement when we Security Investigations (HSI) titled ‘‘Re- TOM A. COBURN, M.D., preclude the opportunity to, at a min- quest for Information Implications of ICE U.S. Senator.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.073 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9027 Washington, DC, October 18, 2013. who had a (b)(10) designation in the Treasury migration proceedings or adjudications? Hon. SUSAN RICE, Enforcement Communications System Please provide a copy of any training, National Security Advisor, The White House, (TECS), or had immediate family members memos, or other written guidance on this Washington, DC. with such a designation, at the time of the issue. DEAR MS. RICE: I am writing to request approval. For each instance, please describe 13) In an unclassified manner, please pro- your assistance in understanding potential in detail the reason for the (b)(10) designa- vide the number of regional center applica- criminal and national security weaknesses in tion. tions USCIS has approved despite the pres- the EB–5 ‘‘investor visas’’ program operated 3) In an unclassified manner, please pro- ence of derogatory information on the appli- by U.S. Citizenship and Immigration Serv- vide the number of immigrant investor peti- cant or associated parties from TECS, ices. tions USCIS has approved for individuals FinCEN, CFIUS, or any other source. For My office obtained a copy of a document who have ever had a (b)(10) designation in each instance, please describe in detail the entitled, ‘‘Forensic Assessment of Financial TECS, or had immediate family members concerns as expressed to USCIS. Flows Relating to EB–5 Regional Centers,’’ with such a designation, but did not at the 14) Without regard to pending legislation, which appears to have been prepared at the time of approval. For each instance, please what authority does USCIS currently have request of National Security Staff (NSS). describe in detail the reason for the (b)(10) to deny regional center applications or ter- This document, marked draft, focuses on fi- designation. minate their status based on fraud or national security concerns? nancial issues associated with the program. 4) In an unclassified manner, please pro- 15) What regulations has USCIS developed It references an additional review: vide the number of immigrant investor petitions USCIS has approved for individuals or proposed with regard to denying regional ‘‘Vulnerabilities relating to possible infiltra- center applications or terminating their station by terrorist groups or foreign operatives who had a NIC/T designation in TECS, or had immediate family members with such a des- tus based on fraud or national security con- are also before the NSS and are being ad- cerns? Please provide a copy of any such reg- dressed separately by the interagency.’’ ignation, at the time of the approval. For each instance, please describe in detail the ulations. I am writing to request information about 16) Without regard to pending legislation, these assessments and any actions taken in reason for the NIC/T designation. 5) In an unclassified manner, please pro- what authority does USCIS currently have response to their findings. to deny immigrant investor petitions based Please provide my office with the following vide the number of immigrant investor petitions USCIS has approved for individuals on fraud or national security concerns? documents and information: 17) What regulations has USCIS developed who have ever had a NIC/T designation in A briefing from the appropriate officials on or proposed with regard to denying immi- TECS, or had immediate family members the National Security Council staff who can grant investor petitions for fraud or national with such a designation, but did not at the speak to the process of these interagency as- security concerns? Please provide a copy of time of approval. For each instance, please sessments, their findings, and any actions any such regulations. that were taken to address any describe in detail the reason for the NIC/T Given the seriousness of the potential se- vulnerabilities; designation. curity implications of any vulnerability in 6) In an unclassified manner, please pro- Any direction provided to DHS or USCIS the EB–5 visa program, we would appreciate vide the number of immigrant investor peti- to address potential vulnerabilities identi- your urgent assistance and a response by no tions USCIS has approved for individuals fied in either assessment; later than November 19th. If you have any who had a CIQ designation in TECS, or had A copy of the final forensic assessment; questions regarding this letter, please con- immediate family members with such a des- A copy of any document or memorandum tact Tristan Leavitt of Ranking Member ignation, at the time of the approval. For summarizing the findings of the NSS or Grassley’s staff or Keith Ashdown of Rank- each instance, please describe in detail the interagency ‘‘relating to possible infiltration ing Member Coburn’s staff. reason for the CIQ designation. or foreign operatives’’; 7) In an unclassified manner, please pro- Sincerely, A summary of any steps the National Se- vide the number of immigrant investor peti- CHARLES E. GRASSLEY, curity Council took to inform Congress of tions USCIS has approved for individuals Ranking Member, potential vulnerabilities identified through who have ever had a CIQ designation in Committee on the Ju- these interagency reviews. TECS, or had immediate family members diciary, U.S. Senate. I appreciate your urgent attention to this with such a designation, but did not at the TOM A. COBURN, M.D., matter. I request your response by October time of approval. For each instance, please Ranking Member, 31, 2013. Should you have any questions, describe in detail the reason for the CIQ des- Committee on Home- please contact Keith Ashdown on my com- ignation. land Security and mittee staff. 8) In an unclassified manner, please pro- Governmental Af- Thank you for your consideration and as- vide the number of immigrant investor peti- fairs, U.S. Senate. sistance. tions USCIS has approved despite the appli- Mr. COBURN. Given that we are con- Sincerely, cant or any immediate family members hav- sidering promoting Director Mayorkas TOM A. COBURN, M.D., ing connections to any entity engaged in a U.S. Senator. to be second-in-command at DHS, it is transaction subjected to review by the Com- appropriate that we consider how he mittee on Foreign Investment in the United U.S. SENATE, States (CFIUS). For each instance, please de- managed this program and whether he Washington, DC, November 1, 2013. scribe in detail the background, and if addressed criminal and national secu- Hon. RAND BEERS, known, the outcome, of the CFIUS review. rity concerns, including exploitation of Acting Secretary, Department of Homeland Se- 9) In an unclassified manner, please pro- the EB–5 regional center program by curity, Washington, DC. vide the number of immigrant investor peti- terrorists, spies, and other threatening DEAR ACTING SECRETARY BEERS: We write tions USCIS has approved despite derogatory actors. These weaknesses were appar- today regarding the EB–5 immigrant inves- Financial Crimes Enforcement Network ently the subject of repeated examina- tor program operated by U.S. Citizenship and (FinCEN) data involving the applicant or Immigration Services (USCIS). We have sig- any immediate family members. For each in- tions by the administration. nificant concerns about the fraud and na- stance, please describe in detail the deroga- I have repeatedly pressed the admin- tional security vulnerabilities of this pro- tory FinCEN data. istration for more information regard- gram. Further information is critical to 10) In an unclassified manner, please pro- ing the weaknesses in the EB–5 pro- Congress’s understanding of the program, es- vide the number of immigrant investor peti- gram under Director Mayorkas and pecially at a time when permanent reauthor- tions USCIS has approved despite any derog- what actions it has taken to remedy ization of the program is under consideration atory information relating to fraud or na- those weaknesses. The chairman has by Congress. tional security involving the applicant or declined to join in this inquiry. Why is It is our understanding that the Depart- any immediate family members. For each in- that? Why would the chairman decline ment’s Office of Intelligence and Analysis stance, please describe in detail the deroga- has conducted a review of security issues re- tory information. to join in finding out the truth? I have lated to the program within the last year or 11) In an unclassified manner, please pro- not received documents or any of the two. Therefore, we respectfully request the vide the number of immigrant investor peti- information I have requested. following: tions USCIS has ultimately approved after At the same time there is no public 1) Please make a copy of the Office of In- another agency expressed concern about the record of steps Director Mayorkas has telligence and Analysis review available to investor or any immediate family members taken to address EB–5 concerns. For us and our staff to review. A classified set- involving fraud or national security issues, example, to date, USCIS has failed to ting is available through Senate Security, if but the other agency was unwilling to dis- promulgate any regulations shutting necessary. close or declassify information such that the down regional centers being exploited Additionally, please provide the following petition could be denied. For each instance, information: please describe in detail the concerns as ex- by criminals or terrorists. This raises 2) In an unclassified manner, please pro- pressed to USCIS. serious concerns with me. vide the number of immigrant investor peti- 12) What guidance does USCIS follow with When Congress created the EB–5 pro- tions USCIS has approved for individuals regard to using classified information in im- gram in 1990, the goal was to stimulate

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.008 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9028 CONGRESSIONAL RECORD — SENATE December 19, 2013 the U.S. economy through job creation attempt to use the program as a tool or tions and policies. USCIS doesn’t al- and capital investment by foreign in- a channel for money laundering, tax ways properly document decisions and vestors. To that end, the original pro- evasion, or other illicit financial activ- responses, giving the appearance the gram—called the basic immigrant in- ity. This type of activity was aided by program is vulnerable to inappropriate vestor program—required immigrant the fact that known criminals are not influence. investors to invest $1 million in a com- statutorily prohibited from owning, This is all under the guise of a nomi- mercial enterprise that would create or managing, or recruiting regional cen- nee whom we will vote on late tonight. preserve at least 10 jobs. The investor ters. We just reauthorized that. Since the program is so poorly run by was initially granted conditional per- This national security staff draft re- USCIS, the draft DHS OIG determined manent residency, but after 2 years and view also references another inter- USCIS is limited in its ability to pre- proving the creation of 10 jobs, they agency review looking at the national vent fraud or national security threats were eligible to become a permanent security threats associated with the that could harm the United States, nor resident. EB–5 program, stating that the vulner- could the agency see where the EB–5 In 1992 Congress authorized a second abilities relating to possible infiltra- program was improving the U.S. econ- EB–5 pilot program allowing immi- tion by terrorist groups or foreign omy and creating jobs for U.S. citizens, grants to pool investments through operatives are also before the NSS and as intended by Congress. This draft re- DHS-approved regional centers. In are being addressed by the interagency port also outlines a number of rec- seeking approval from DHS, the re- task force. ommended actions for the Director. gional center submits a proposal to Understanding we have only seen a Last week Senator CARPER asserted DHS detailing how it plans to promote draft of the national security staff’s fo- it was Congress’s fault that the EB–5 economic growth in that region. By in- rensic audit and have not seen informa- program was susceptible to fraud and vesting in a regional center, immigrant tion about the interagency review of national security threats because it investors can take advantage of re- possible infiltration by terrorist groups hadn’t provided the proper statutory laxed job standards to measure both di- or foreign operatives, I wrote to Susan authority and that new statutory au- rect and indirect job creation. While Rice, the National Security Adviser, on thority which was included in S. 744, direct jobs are actual identifiable jobs October 18 requesting that informa- the immigration bill, would have for qualified employees, indirect jobs tion. She has not addressed any con- solved the problem. But the draft DHS are considered those created collat- cerns. She has not answered our letter. OIG report makes clear that under its erally by the investment. The Department of Homeland Secu- existing authority, the agency has the While the regional center program rity also conducted its own internal as- ability to issue regulations to deny and was set to expire at the end of 2012, last sessment of the EB–5 regional center even terminate regional centers identi- September it was reauthorized for 3 program, examining criminal and na- fied as fraudulent or national security more years. Despite known national se- tional security vulnerabilities. In re- risks but has failed to do so. curity concerns, no changes were made sponse to an apparent tasking from They also recommended that the Di- to the program by the Judiciary Com- DHS Secretary, ICE prepared a review rector provide USCIS with the author- mittee. In total, over 25,000 people are cur- of the program. Here are the vulnera- ity to deny and terminate EB–5 re- rently in the United States through bilities they noted and identified: ex- gional center participants at any phase the EB–5 program. Since its inception, port of sensitive technology, economic of the process when known connections the EB–5 program has been plagued espionage; use by foreign government to national security or fraud risks are with wide-ranging problems. Mr. agents, espionage; use by terrorists; in- identified; that they should make ex- Mayorkas took over this program in vestment fraud by regional centers; in- plicit that fraud and national security 2009. There has been a notable expan- vestment fraud by investors in this concerns can constitute a cause for sion of the program since he took it country; fraud conspiracies by inves- revocation; that he should give USCIS over. It now sees $3.3 billion passed tors and regional centers; illicit fi- the authority to verify that foreign from foreign investors in exchange for nance and money laundering. funds were invested in companies that visas to reside in our country. Yet the The agency’s own draft analysis create U.S. jobs and to ensure require- serious security weaknesses have per- makes clear that the EB–5 regional ments for the EB–5 regional center pro- sisted, as well as alarm among senior center program can be exploited by ter- gram are applied consistently to all officials. These problems include the rorists, criminals, and foreign participants. None of these rec- agency failing to determine if the pro- operatives. Further, it identified re- ommendations request any additional gram is meeting its basic goal of cre- gional centers as a means for facili- congressional authority; therefore, it is ating 10 jobs per investment and de- tating espionage at the highest levels at least arguable that the action could frauding would-be immigrants with by foreign governments. To that end, have been taken by Director Mayorkas breaches of national security with sus- the review by ICE proposed that the re- to prevent national security vulnera- pected terrorists using the program to gional center program be sunset—be bilities in the EB–5 program. That enter the United States. done away with—because there can be hasn’t happened. In 2012 the national security staff co- no safeguards that can be put in place The draft report also recommends ordinated a review of the EB–5 regional that will ensure the integrity of the re- that other corrective action should be center program by five agencies fo- gional center model. taken by Director Mayorkas as well. cused on vulnerabilities relating to the As I stated before, I sought more in- Since USCIS failed to properly apply financial flows and securities offerings formation about DHS and ICE’s inter- its existing EB–5 policies and proce- that routinely accompany the invest- nal review of the EB–5 program. I dures, DHS OIG recommended devel- ment component of the EB–5 program. wrote to Acting Secretary Beers on Oc- oping a memorandum of understanding That draft report raised major con- tober 18 requesting information about with the Departments of Commerce, cerns with the investments being made the findings of this review and what ac- Labor, and the SEC ‘‘to provide exper- by EB–5 investors. For example, the in- tions were taken in response. I have tise and involvement in the adjudica- vestigation found one regional center not yet received a response to my in- tion of applications and petitions for filed false documentation in an at- quiry. the EB–5 regional center program.’’ tempt to support the creation of jobs. Recently, we received a draft DHS A third recommendation in the draft The same report also noted invest- OIG EB–5 regional center audit. It is report related to the failure of the ments being made to a business that my understanding that we are soon to agency to maintain any metric as to never existed and could never exist, get this final report. In the draft, it in- whether the program was actually headed by an individual using a pseu- cludes the following statement: achieving its intended purpose. The donym due to a criminal record of im- USCIS—under Secretary Mayorkas— DHS OIG asserted that Director porting counterfeit products into this fails to ensure regional centers meet Mayorkas should ‘‘conduct comprehen- country. all program requirements. USCIS— sive reviews to determine how EB–5 The draft review noted the high risk under the nominee, Mr. Mayorkas—in- funds have actually stimulated growth that EB–5 program participants may consistently applies program regula- in the U.S. economy in accordance

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.078 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9029 with the intent of the program.’’ That employees. Right now, we cannot—let including the President of the United hasn’t been done. me repeat—we cannot determine States; that is, the ultimate goal of Finally, the draft report directs Mr. whether Mr. Mayorkas is fit or unfit ObamaCare would be a single-payer Mayorkas to ‘‘ensure quality assurance for this important position. system. A single-payer system is so- steps to promote program integrity Finally, I would say this vote is not cialized medicine. and ensure that Regional Centers com- fair to the American people in con- It is kind of interesting. I remember ply with the Code of Federal Regula- firming a nominee for such an impor- when we had Hillary health care back tions.’’ The implication there is that tant position who has not been prop- in the early 1990s, and we asked the they don’t. erly vetted. The American public de- question, if it doesn’t work in Den- All of these recommendations raise pends on us to fulfill our constitutional mark, it doesn’t work in Sweden, it serious concerns about the way Direc- mandate to properly advise the Presi- doesn’t work in Canada, it doesn’t tor Mayorkas was overseeing the EB–5 dent on certain executive branch nomi- work in the U.K., why would it work program and, in turn, should be consid- nees. Here, we are not doing that. We here? They never said it, but they were ered as a qualifying factor to deter- are not doing that. In fact, we are vot- thinking: If I were running it, it would mining his fitness to be second in coming to install a nominee who could be work here. So that is the ultimate mand in charge at the Department of seen as unfit to serve in the No. 2 posi- goal. Homeland Security. tion at DHS. Now, he may be fit, but I will share a personal experience, To summarize, we know the national this agency is tasked with protecting and then I will yield to the rest of the security staff and the Department of our country from terrorists. It is our Members who wish to talk about their Homeland Security conducted reviews responsibility to guarantee to the States. of the investor visa programs Mr. American public that the leaders at I had a personal experience 2 months Mayorkas has been overseeing since DHS are beyond reproach. ago. I went in for a colonoscopy, just a 2009. These reviews found that the pro- In this vote, Leader REID is not only routine thing. After checking me and gram created a danger to national se- ignoring the rights of the minority but going through, they said: I have good curity—including the threat of exploi- the longstanding precedent of the Sen- news and bad news. tation by spies, criminals, and other ate. He is ignoring history, and he is I said: All right. What is it? national security threats. I and others inviting us all to do the same. But his- The good news is your colon is fine. have asked for more information about tory has a difficult way of teaching its The bad news is you are about to die the potential national security vulner- lessons. It was long the purpose of the because you have 100 percent obstruc- abilities in the EB–5 regional center Senate’s procedures to remember these tion in two valves, 90 percent in two ar- program, and we have received no an- lessons so the country does not have to teries and 75 percent in the other arte- swers. suffer such lessons again and again. ries. What we do know is that Director My final comments are these: Those So I had as an emergency four by- Mayorkas dramatically expanded a who are going to vote for Mr. passes at that moment. program that the administration and Mayorkas do so at the risk of not I say that because if I had been in the even DHS itself apparently believes to knowing what the investigation shows. U.K., at my age there would be a man- be a threat to national security. And They also do so at the risk of obviating datory 6-month waiting period and I according to a draft report by the in- wouldn’t be standing here today. If I spector general, he did not take all of the oath they swore when they came to had been in Canada, it is like 2 years. the actions which he should have taken this body: to fairly and appropriately And I have heard our good friends, the and which were at his disposal to fix evaluate their decisions about advice doctors who are Members of the Sen- these vulnerabilities and to make sure and consent. My hope is that Mr. Mayorkas is ate, such as Senator BARRASSO, talking this visa program wasn’t bringing spies, terrorists, or other terror threats cleared. But, unfortunately, he won’t about what is happening in these other into the country. have my vote and that of several of my countries. Finally, I would say this vote is not colleagues because we don’t have the A few minutes ago I was visiting with fair to the Department of Homeland information with which to make that Jackie Davidson, who is scheduled for Security. DHS is the agency we trust judgment. open heart surgery on Monday. I was to secure our borders, make our skies I yield the floor. talking about, quite frankly, how it safe, and to help our Nation protect us The PRESIDING OFFICER. The Sen- was much easier than I thought it was from terrorism. We know the Depart- ator from Oklahoma. going to be. And the same thing hap- ment has faced many challenges and Mr. INHOFE. Madam President, I pened with my wife. has often struggled to execute its re- will first acknowledge that at 11:15 to- But the point is that if you are in sponsibilities over the past 10 years night we are going to be voting on the these countries, at a certain age it since its inception. And DHS has some National Defense Authorization Act. It doesn’t work. You are denied the op- of the lowest morale in the govern- is a must-pass bill, one which has portunity to have surgery. So that ment. passed prior to December 31 every year needs to be in the back of our minds as This week the Senate voted with for the last 53 years. So it is very sig- we talk about the current problems we strong bipartisan support to approve nificant, and I think people are tired of are having with ObamaCare and what Jeh Johnson’s nomination to be Sec- hearing about it because they recog- the ultimate goal is. retary of the DHS. I was proud to sup- nize the significance and the fact that Lastly, I will say I have been con- port his nomination. He is the kind of it has to be done. So I am not going to tacted by two of my good friends who leader DHS needs to help it address its say anything about that. are members of Parliament in the U.K., many challenges and to fulfill its mis- I originally came down to talk about and they asked me this question: Why sion of making our Nation safe. He the problems we are having in my is it you and your country are now try- needs a strong second-in-command in State of Oklahoma. I have a long list of ing to adopt something that we are whom he and all employees can have people from all throughout the State trying to get away from over here in full confidence. who have talked about their insurance the U.K.? It is this body’s job to vet those lead- being cancelled, the increase in the So let’s keep in mind there is one big ers and ensure they are beyond re- deductibles and the cost of insurance, overriding problem that, if we cave in proach. With the cloud of this inves- and about the crisis we are facing in now, we will be reaching. tigation and with many of our unan- the State of Oklahoma with With that, I yield to my colleagues swered questions about Director ObamaCare. who wish to speak. Mayorkas’s tenure as the Director of Madam President, I will mention one The PRESIDING OFFICER. The Sen- USCIS, we do not have full confidence thing which has been overlooked in ator from South Dakota. that he should be in second command this debate and which I have men- Mr. THUNE. Madam President, a at DHS. tioned once before but a lot of people number of my colleagues have come By voting on him now, this body is have not recognized, and this has come down here, and we have done so on a sending the wrong message to all DHS from the leaders on the Democrat side, number of occasions because most of us

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.080 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9030 CONGRESSIONAL RECORD — SENATE December 19, 2013 are getting emails and phone calls and I’m feeling very upset & stressed. ple who are uninsured think they will letters in our offices of real-world, This is unfair and hurting working fami- actually be hurt by this law. real-life experiences that people are lies. Another headline, Wall Street Jour- This law is hurting us, be our voice. nal, ‘‘Errors Continue to Plague Health having with ObamaCare. It is a re- We need your help. minder that the things we do here have I guess we are the collateral damage? Site.’’ But the health care Web site is real-world impacts across the country. Why are they trying to destroy us in the just the tip of the iceberg. Sure, there As someone who represents the State process? have been Web site failures, but the of South Dakota, I came down here and We are scared. thing that is hurting Americans all shared a number of stories of constitu- We are hearing the voice of the around the country is the higher pre- ents of mine who have been adversely American people. We are hearing the miums the Senator from Iowa talked impacted in the form of higher pre- voice of Wisconsinites. The Senate about, the canceled coverage the Sen- miums, canceled coverages, higher must hear the voice of the American ator from Iowa talked about, people deductibles—all doing great economic people and act. The sooner the better. who cannot keep their doctor in spite harm to the people in our respective I yield the floor. of the President’s promise, fraud and States. The PRESIDING OFFICER. The Sen- identity theft, and higher copays and I will quickly share a note I received ator from Iowa. deductibles which we now know are ac- from a constituent in Rapid City, SD. Mr. GRASSLEY. Mr. President, like tually going to be higher, after the law As my Congressional representative, you my colleagues, and as I have done sev- has been passed, specifically for the need to know how ObamaCare is harming my eral times before, I come to the floor to bronze policies, than they were all last life and health care. My insurance company share the voice of one of many Iowans year until the law came into effect. cancelled my policy. I am currently paying who have contacted me over the stick- I would like to share a letter from a over $800 a month for a family of 4. To up- er shock that they are experiencing woman in Carbon County, WY, who grade my policy I will be over $900 a month. under the Affordable Care Act. This writes about the harmful effect of the If I sign up for ObamaCare, I would be paying time I quote a constituent from Sioux over $2500 a month. I cannot think of any health care law for her life and for her way this is considered affordable health care! County, IA, northwest Iowa. That con- health care. stituent writes: She says: This is just another of many examples that I have from my State of I am a pastor in rural Iowa and early this I currently have health insurance through past summer, trusting naively in the integ- my husband’s employer, but the reality is South Dakota and that my colleagues rity of our President’s repeated promise that that the current health insurance that we have to point out how this is flawed ‘‘If you like your health insurance you can have may not be available much longer. This and the economic harm it is doing to keep it. Period[,]’’ I made a change in my is scary to me, since I recently did some in- the American people and why it is so policy, moving to a higher deductible to save surance shopping for my mother. important that we here in the Senate the church money. Now I have been informed She said her mother is 63 years old take steps to change it and do it soon, that because of that change, my policy is no and in good health. She said: longer grandfathered and therefore I will be before it is too late. I was only able to get two quotes. The The PRESIDING OFFICER. The Sen- forced out of it in a year and compelled to purchase a much more expense cheapest quote was for $756 a month with a ator from Wisconsin. (un)Affordable Care Act-compliant policy. $6,000 deductible. Mr. JOHNSON of Wisconsin. Madam I am young, male, healthy, and will not So we see higher premiums and we President, like the Senator from South qualify for any subsidy. In effect, because of see higher copays and deductibles. Dakota, our office continues to get legislation Democrats supported, my govern- The prescription deductible for that par- emails and phone calls and contacts ment is kicking me off from health coverage ticular plan was $500, and then the copay for from our constituents. that I carefully researched, chose and like a prescriptions was still around $35. The other Tonight I would like to read an email lot—and is forcing me to buy coverage that quote seemed like a better plan and had bet- received from David and Shannon I do not need at a price I scarcely can afford. ter co-pay on prescriptions, but that pre- And the Government has the audacity to McKichan. They write: mium was $985 a month. And that is also resort to Orwellian doublespeak and call with a $6,000 deductible. What the heck. Who I am trying to contact you with very little such a draconian policy the ‘‘Affordable Care can afford these kind of premiums? That is left to do. My wife and I as of today received Act.’’ more than most mortgage payments. a notice that our health policy is going up Please convey to your Democratic col- from 389.00 per month to 1177.00 per month. leagues that I grew up on a dairy farm and Yet the President of the United That is a more than 200 percent in- now pastor a church of farmers. I am the States said if you like your coverage, crease. epitome of middle class America that they you can keep your coverage; if you like claim to champion. This is for the same level we have, which is your doctor, you can keep your doctor. This bill is unjust. It is based on lies to an HSA policy, 5000.00 max out of pocket per I went on national TV, talked with Americans like myself. It hurts real people, year. This policy works for us as we are both Bill Clinton a few days before the Web including the church I serve. self-employed small business owners. We site was opened, and he said it will be have been hammered during the economic I have done my job. I have shared easier to use than Amazon, cheaper downturn and this is the straw that breaks this constituent’s message with my than your cell phone bill, and if you the camel’s back. We feel that our govern- colleagues as he asked me to do. I hope like your doctor, you can keep your ment is attacking us and we have nowhere to they were listening. doctor. turn. We are both in our mid 50’s and if I yield the floor. It is fascinating, the President was so things stay the same will be without health The PRESIDING OFFICER. The Sen- insurance. I have always provided for my clueless about his own law and here we own needs but this is making things impos- ator from Wyoming. are today, people suffering all around sible. Mr. BARRASSO. Mr. President, I join the country, and the President doing Please advise what we are to do. Please my colleagues here on the floor to hear nothing about it. fight for us and know we do not have a voice them tell stories that we are hearing I yield the floor. without you. I was a city council representa- from our constituents at home. I saw The PRESIDING OFFICER. The Sen- tive for 15 years and always fought for the the newspaper from the State of the ator from North Carolina. working man but I now know that it is be- Presiding Officer, the New York Times, Mr. BURR. Madam President, I came coming a losing battle. front-page story, ‘‘Uninsured Skeptical to the floor last week and for 45 min- This is just one example. Last week of Health Care Law in Poll.’’ utes I pulled this file out of my desk. It we were on the floor, and I read a num- This whole law was passed to try to was my notes that I talked about in ber of emails saying the same things: deal with issues of the uninsured. This 2009 about the Affordable Care Act be- You need to understand how cheated we article on the front page of today’s fore it became law. I talked about the feel. New York Times says 53 percent of the increases that were projected in pre- This is not right. uninsured disapprove of the law. miums and deductibles. I talked about I cannot afford this. Why are we being forced to change to a Then they go through some of the the networks that were changed, the plan that has benefits we don’t need? numbers and it looks as though for the doctors that would not be available. Please help. same number of people who think they I was not a prophet. I was reporting Sir, I’m begging for your help. will be helped, an equal number of peo- what people such as the Chief Actuary

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.081 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9031 at CMS were saying at the time. Hos- I was in the House. This constituent I yield the floor. pitals were going to close, doctors were writes about how he and his family The PRESIDING OFFICER. The Sen- not going to take patients under the must have to take drastic steps to be ator from Delaware. new plan. More important, the pre- able to afford the cost of ObamaCare, Mr. CARPER. Madam President, I miums and deductibles were going to not the least of which includes return- had not anticipated coming to the floor become unaffordable, not affordable. I ing to work after retiring last year. tonight to talk about health care in am tonight going to read a letter from The email reads: this country, but I feel compelled to do Donna Hulcher from Clemmons, NC, I have never before contacted a Senator so after listening to a number of our right in the middle of the State. until today. Sir, I am outraged about the colleagues share with us letters and We own a small automotive repair shop ObamaCare issue and the Affordable Care messages from folks whose lives have and have had continuous health insurance Act. Because of recent developments over been adversely affected apparently be- the affordable health care act, and the obvi- coverage our entire life, either through our cause of changes made in the coverage company or for the past several years on the ous problematic issues related to its operation, policy and implementation, we are of their health care through the Afford- individual market. We learned that our high able Care Act. deductible plan with an HSA was not grand- selling two of our vehicles to save money. fathered into the Affordable Care Act about This is due to the direct impact of this leg- I regret any of the consequences that 4 months ago. Of course at that time, no islation and due to the broken promises of have been shared with us here this pricing was available. We were paying 679.00 President Barack Obama that have been re- evening. My hope is that we will find per month, and felt that we were protected peated over and over to us for 3 years. ways over the next coming weeks and We are also canceling our cable TV, and from catastrophic sickness/injury, and we will save about $1,500 per year. We are cut- months to address the kinds of con- liked the flexibility the HSA provided in ting back on Internet, switching to save an- cerns that have been raised. meeting our other expenses like dental and other $1,000 per year. We are Christmas shop- I just wish I heard some of that con- optical. We checked with Blue Cross once the ping in January. Our purchase of a new vehi- cern in past years as we prepared to cost for the new silver plans they are map- cle is now delayed for another 3 years. Our ping us to was available, and it is going to take up the Affordable Care Act. As a planned vacation trips for 2014 and beyond cost 1379 per month. What a shock to the sys- member of the Finance Committee, I are being pared back. tem and I am not at all sure it has as much wish I heard those kinds of concerns coverage as what we are losing. I am pretty This is the No. 1 issue I am hearing about the tens of millions of people in much a deer in the headlights, not knowing from Arkansans, the high cost, in some this country who really don’t have any where we are going to turn, afraid to get cases the unaffordable cost, of health care coverage tonight—some 40 onto the ACA website and give my informa- ObamaCare. million. For a lot of them, this health tion because I don’t trust its security. It is It is interesting, as we hear other care is a chance for them to go to the totally foreign to me to apply for govern- Members of the Senate come and read ment subsidies for something we have always emergency room of a hospital. When the same types of emails, the same they get really sick, they can be admit- paid for and never depended on the govern- types of letters that they are getting, ment to help us. This goes against every- ted to the hospital and get the care they all have the same thing—they are thing we believe in as being hard working, they need. Without health care cov- independent people. There are problems with put in positions that are simply unten- erage, it is hugely expensive ulti- health care and with costs, no doubt but this able. They simply do not have the mately for the rest of us because we money to afford the so-called new in- is not making it more affordable and from pay for it. Where is the outcry on be- what I am hearing, doctors are retiring early surance that they needed as their old half of those tens of millions of people? or not taking this new policy. I feel like I am insurance was dropped from them. Where was the outcry 4 years ago spinning the wheels of my brain trying to We need health care reform, but when we had several million people find out what is the right way to go. This has ObamaCare certainly is not the answer. who signed up for the Medicare pre- pulled the rug from under our family! We need to transition the employer- scription drug program and found that We are now within 3 days of what was based private insurance market toward when their purchases of prescription the cutoff. We have now extended the one that allows for flexibility, choice, enrollment period to the end of March. portability, and fairness. Let’s allow medicines reached a certain level— But insurers are required, April 1 to small business owners to pool together $3,000 or $4,000 a year—instead of Medi- April 27 of 2014, to submit their pricing to purchase group insurance, introduce care paying 75 percent of the cost for for 2015. I have heard the folks talk portability into the market. These are their medicines beyond that in a year, about this is only about 8 percent of things that we need to do, and con- Medicare paid nothing, which is known the American people that this applies tinue—some of these things are actu- as the doughnut hole? A lot of people to in 2014. In 2015 it is all of the Amer- ally in the Affordable Care Act. Yet the fell into it—a lot of older people fell ican people. It is big business, it is reality is we can do that without $1 into it—and they could not afford the small business. trillion of increased taxes, and rapidly, medicines they needed to stay well or You know what is going to happen because of the way that the business stay out of the hospital. Where was the when they price this product with no community is responding, making us a outcry on behalf of fixing that prob- experience of the risk pool this year. nation of part-time employees. lem? Prices are going to go up. Deductibles We need to allow individuals to pur- Where was the outcry on behalf of are going to go up. If you think it is chase insurance across State lines. We the millions of young people who were unaffordable this year, wait until you need to expand health savings accounts dropped off of their parents’ health in- see what hits the 90 percent of the and flexible savings accounts. These surance plans when they aged out at American people in 2015. are free market reforms that would 22? Where was the outcry in those It is time for us to change this. It is drive down costs. cases? time for us to fix it. It is time for us to The problem that we had prior to in- We have had Republican and Demo- get an affordable health care policy in troducing the Affordable Care Act was cratic Presidents who have had a place in this country. affordability. What has happened is, in- chance for years—for decades to do I yield the floor. stead of driving down costs, we have something about the fact that we spend The PRESIDING OFFICER. The Sen- driven up costs dramatically because of twice as much money for health care as ator from Arkansas. the way the bill was structured. the rest of the world but don’t nec- Mr. BOOZMAN. Madam President, as We also need medical malpractice re- essarily get better results and don’t a result of ObamaCare, millions will be form. I am an optometrist by training. cover everybody. Frankly, I didn’t hear forced to use money that they would I can tell you in the course of taking a lot of outcry from our friends on the have used to pay rent, help their chil- care of patients that there are people other side of the aisle during all those dren attend college, or invest in a busi- all over the country who have to do years. ness. Instead, they are going to have to things that are above and beyond, As much as we feel for the people use that money to pay for higher pre- sometimes, the things they believe whose stories they shared with us here miums and skyrocketing deductibles. they need to do in order to protect tonight, I wish that same sympathy Here is one such example from Hunts- themselves. As a result, there are no and empathy had been extended to ville, AR, which is in a congressional ifs, ands, or buts, that definitely drives some of the people who now don’t fall district which I used to represent when costs. into that doughnut hole when their

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.083 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9032 CONGRESSIONAL RECORD — SENATE December 19, 2013 prescription drugs exceed a certain investigation that it began—get this— ly spoken with Senator GRASSLEY or amount during a year. in September of 2012. There was an in- any other Senator, Democratic or Re- Now we have people who are 22, 23, 24, vestigation as to his management of publican, about the allegations face to 25 years old who don’t age off of their the complex EB–5 program some 15 face. That is the way we do things in parents’ health care coverage. They are months ago. Delaware. I can’t imagine it is not the covered until their 26th birthday. Well, I must say I disagree with my way we do things in other States. We will add to the number of people Republican colleagues. I think we have I am perplexed that an even better who have health care coverage. Some- waited long enough, and let me explain option—speaking to Director Mayorkas where between 5 and 10 million people why. himself—was not taken advantage of will have health care coverage either As I said before, the Department of by Senator GRASSLEY. In fact, I offered because they are able to qualify under Homeland Security has been without a to fly to Iowa with Director Mayorkas the Medicaid Program or because they Deputy Secretary since April of this in August to meet with Senator GRASS- will get coverage through one of our year—8 full months—and 6 months LEY face to face so that Senator GRASS- State exchanges across this Nation. have passed since Director Mayorkas LEY could have his questions answered Is the Affordable Care Act perfect? was nominated. For many of those face to face, but, sadly, Senator GRASS- No. Are there problems with it? Sure. months, we did not have a Senate-con- LEY declined. Anything that is this big and this dif- firmed Secretary of the Department of So I think the record shows that Di- ficult to do, there will be problems. I Homeland Security. rector Mayorkas has been eager to think the implementation of the start- Three days before Mr. Mayorkas’ meet with Senators on both sides of up in October and November was to- confirmation hearing in July, informa- the aisle to answer their questions— tally unacceptable. We are trying to tion about the OIG investigation was not to duck them but to answer them. work our way through it and provide leaked to Congress and the media in a But our colleagues on the other side of the kind of access and explanation for highly irregular manner. The informa- the aisle have been unwilling to give this coverage that people deserve, and tion that was leaked indicated that in him what seems to me should be a com- eventually we will get this right. September of 2012, the Office of Inspec- mon courtesy. The outcry we now hear attributed to tor General for the Department of Again, we are not talking about a the implementation of the Affordable Homeland Security had received alle- criminal investigation. We are talking Care Act reminds me a lot of the out- gations about conflicts of interest, mis- about the mismanagement of a pro- cry we heard—I want to say 2006 and use of position, and an appearance of gram and allegations brought by people 2007—when we were beginning to imple- impropriety by Director Mayorkas and whom, again, my staff has never been ment the Medicare prescription drug other agency officials. We also now able to interview. program. To put it bluntly, it was a know that the OIG did not actually Getting back to the OIG investiga- mess. People were confused by it. The begin investigating these allegations tion, of course, in a perfect world, I information technology didn’t work. for almost 1 year after receiving them. would prefer that it be completed be- The headlines in the newspaper looked Importantly, the OIG confirmed that fore moving forward. At one point, I a lot like the headlines in October and this was not in any way a criminal in- thought it would be. November and even now. But a year or vestigation. Let me say that again be- First, let me make it clear to all that two later, guess what. We fixed the pro- cause some of our friends on the other there is nothing improper about the gram with everything but the dough- side of the aisle seem to be confused chairman of a committee asking for an nut hole. And now we fixed the dough- about this. The OIG confirmed in July update on the status of a pending in- nut hole—it started about 4 years ago— of this year and reconfirmed in Decem- vestigation. There is nothing improper through the Affordable Care Act. Peo- ber of this year, earlier this month, about that. Accordingly, in July Dr. ple don’t fall off that cliff anymore the that this is not and never has been a COBURN joined me in inquiring about way they used to. criminal investigation. the status of this investigation. I was So rather than simply criticizing the To my amazement, Director told it would be completed in October. provisions of the Affordable Care Act Mayorkas has never been contacted nor Again, this investigation started a year that are troublesome or problematic, interviewed by the OIG about this in- earlier—in September of 2012. why don’t we fix them? That is what vestigation. There was no phone call, In October of this year, I inquired we did with the prescription drug pro- no letter, no email. There was nothing again about the status and was told it gram, Part D under Medicare, and that in 15 months. Director Mayorkas only would be completed in December. is what we should do here. learned of this investigation after its On December 2 a bipartisan group of I did not come here tonight to re- existence had been leaked to the Con- committee staff participated in a tele- spond to our colleagues. I just felt gress in July, just days before our com- phone call with the head of investiga- somebody needed to say something, mittee hearing on his nomination. tions at the Office of Inspector General and I am pleased I had that oppor- Even then, Director Mayorkas ably and at the Department of Homeland Secu- tunity. vigorously disputed the allegations in rity to receive a status update. They MAYORKAS NOMINATION his interviews with committee mem- were told it would likely take 2 or 3 Madam President, I rise tonight to bers who would meet with him and more months to complete the inves- speak again in strong support of the staff who would meet with him as well tigation. In fact, every time we have nomination of Alejandro Mayorkas to at his confirmation meeting in July. spoken with the IG staff, we have been serve as the Deputy Secretary of the Unfortunately, rather than question told they are just 2 or 3 months away Department of Homeland Security. I the nominee about this matter and from completing an investigation that spoke yesterday about Director give him a chance to refute these anon- began some 15 months ago. Mayorkas’ impeccable credentials and ymous allegations, Republican mem- I respect that the OIG must do its experience that has prepared him for bers of our committee boycotted his job, but we have to do our job too, and this important position. My colleague confirmation hearing and have refused the President has to do his job. We can- from Louisiana Senator LANDRIEU did to meet with Director Mayorkas to not wait another 2 months—every the same yesterday. give him an opportunity to respond to other month—especially for a position Today I would like to address some of these allegations from people whose as critical as this one. the concerns about Director Mayorkas names and faces we don’t even know. Lest we forget, the Department of that have been raised by our friends on Senator GRASSLEY said this week Homeland Security is charged with the other side of the aisle and seek to that Director Mayorkas has been given helping to protect our Nation and its set the record straight. a chance to defend himself and has ‘‘ut- citizens from all kinds of attacks, for- I understand that some of our Repub- terly failed’’ to respond to Senator eign and domestic—terrorists from lican colleagues believe we cannot GRASSLEY’s letters. On the contrary. abroad, homegrown terrorists from move forward with consideration of Di- Director Mayorkas did, in fact, respond within—securing our borders, our air- rector Mayorkas’ nomination until the to Senator GRASSLEY’s letters this past craft, you name it. They respond to all Office of Inspector General finishes its August 20. In fact, he would have glad- kinds of natural disasters whether they

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.084 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9033 happen to be hurricanes or tornadoes. Mayorkas actually says the exact op- Mayorkas. On the other hand, not one There is a lot going on. It is a busy and posite. person—not one—has stepped forward tough neighborhood to run and man- I found this disconnect between the publicly opposing Director Mayorkas. age, and we need confirmed leadership. allegations and the emails presented as Some of the people who have written I thank our Democrat and Repub- evidence so striking that I am going to in strong support of Director Mayorkas lican colleagues for their vote earlier read exactly—I want my colleagues to include the last Deputy Secretary of this week on behalf of Jeh Johnson to hear exactly what Director Mayorkas the Department of Homeland Security, become Secretary of the Department. said in this email to support his con- Jane Holl Lute; the last Senate-con- He needs a team, and he needs a team tention on January 30 of this year confirmed inspector general of the Depart- that includes Alejandro Mayorkas. cerning his application for a regional ment of Homeland Security, Richard During the call I mentioned a little center in Las Vegas. This is what he Skinner, who is a Bush appointee; and bit ago with the bipartisan committee said: the three most senior border security staff in December of this month and We will take the time needed to resolve officials in the George W. Bush admin- trying to find out the status of the in- the security issue and we will not act until istration, Robert Bonner, Al Ralph vestigation, the OIG confirmed that to we have achieved resolution. I agree that we Basham, and Jason Ayhern. date they found no evidence of crimi- need to run enhanced security and integrity The fact is that Director Mayorkas nal wrongdoing by anybody at DHS, in- checks. has been proactively addressing na- cluding Director Mayorkas. That is This email directly refutes the claim tional security and fraud concerns in right, no evidence, none, nada. that Director Mayorkas was pushing to the EB–5 program for years. Soon after Given that the investigation appears expedite applications despite the secu- being confirmed, he took a number of to be months away from conclusion rity concerns raised by his subordi- administrative and operational steps to and that its completion date has al- nates. address national security concerns. ready slipped several times and given In another email attached to one of Where he lacked the administrative au- the confirmation by the OIG that there the letters making accusations against thority to improve the EB–5 program, is no evidence of criminal wrongdoing, Director Mayorkas, he forwards a ques- he repeatedly appealed to Congress for I believe it is time to move forward. In tion about Mr. McAuliffe’s company to the legislative authority he needed. fact, it is past time to move forward. subordinates and he notes—this is how Unfortunately, Congress dealt Direc- The allegations that have been made he does it: He says—Mr. Mayorkas’ tor Mayorkas and his entire agency a public cluster around Director words: bad hand when we authorized the EB–5 Mayorkas’ administration of the EB–5 I want to make sure that we are providing program in 2012. We failed—we failed— visa program. It is an extremely com- customer service consistent with our stand- to give the agency any of the legal au- plicated program that provides foreign ards, but that we are not providing any pref- thorities that Director Mayorkas and investors an opportunity to immigrate erential treatment. his team at CIS had specifically re- to the United States in exchange for I would ask: Are these the actions of quested in order to enable them—and significant investments in job-creating someone who is trying to exert im- they just requested in 2012, made a re- enterprises right here in America. The proper influence or subvert security quest—in order to enable them to ad- Department of Homeland Security OIG checks? I think any fair-minded person dress the national security and fraud just completed an audit of this pro- would agree the answer is no. No. Even vulnerabilities they could not address gram, as a matter of fact, but I will get our committee’s ranking member, my on their own. It said: Congress, we to that in a little bit. friend, Dr. COBURN, indicated that the would like to do this. We need the au- The primary complaint about Direc- allegations against Mr. Mayorkas, al- thority; please give it to us. They tor Mayorkas concerns an EB–5 related though serious, are most likely not started asking for that in June of 2012. application by Gulf Coast Funds Man- grounded in reality. I don’t want to Earlier this year, during the Judici- agement, the regional center which has mince his words, so I will quote him di- ary Committee’s debate on S. 744, the ties to Virginia Governor-elect Terry rectly. In reference to the allegations immigration reform bill, Senator McAuliffe. against Mr. Mayorkas, Dr. COBURN said LEAHY introduced an amendment that Anonymous sources have reportedly in a committee meeting—again, this is made virtually all the national secu- alleged that Director Mayorkas im- a quote: ‘‘I doubt they are true, but we rity fixes that Director Mayorkas had properly intervened to help change a do not have the facts.’’ requested. While the comprehensive draft legal decision so it would come I agree with Dr. COBURN. We don’t immigration reform bill passed the out in favor of Chairman McAuliffe’s have any facts pointing to any sort of Senate with strong bipartisan support, former company, Greentech Auto- wrongdoing by Director Mayorkas at it is unfortunately stalled in the motive. all, as best I can tell. None of the anon- House. First of all, I think it is important ymous sources or so-called whistle- Fortunately, Senate Committee for everybody to understand upfront blowers have presented information to Chairman PATRICK LEAHY is working that Greentech Automotive did not get the majority regarding their concerns, on a stand-alone bill to address these what they wanted. Let me say that something I think is unprecedented in national security and fraud concerns, again. The final decision in this case these types of circumstances for our much of what Director Mayorkas and did not come out in Greentech committee. We have been unable to his team asked for in June a year ago. Automotive’s favor, from the agency question those bringing these anony- I urge all of my colleagues concerned run by Director Mayorkas. mous concerns on the majority side, about security issues in the program to Second, it is important to note that and our Republican friends on the com- join me as a cosponsor of that bill. the author of the Greentech decision, mittee—and maybe largely in the Sen- It strikes me as grossly unfair to the former head of the Administrative ate—have refused to talk to the ac- punish Director Mayorkas for the in- Appeals Office at the U.S. Citizenship cused, and he has not been accused of ability of Congress to address the vul- and Immigration Services, Mr. Perry any criminal wrongdoing. That doesn’t nerabilities in the EB–5 program that Rhew, told my staff last week that he add up to me. Maybe it does to some Director Mayorkas and his team strongly disputed the allegation that people. That just doesn’t add up. We brought to our attention and asked us Director Mayorkas had inappropriately don’t get to talk to the people who to fix over a year and a half ago. In es- influenced his decision. raised these concerns and our Repub- sence, those of us in Congress failed to Many of the other allegations that lican friends won’t talk to the accused do our job. Yet Director Mayorkas is have been made public about the Direc- who has not been accused of any crimi- taking the fall for our failure. How is tor’s management of the EB–5 program nal wrongdoing. that fair? I will tell my colleagues: It is contend that applications appear to On the one hand, we have over 30 peo- not. have been processed without regard to ple from both sides of the aisle who are I mentioned previously that the OIG security concerns. However, in review- well-known and hugely respected citi- completed an EB–5 audit, and although ing the leaked emails that were at- zens who have gone on the record with that report has not been publicly re- tached to these accusations, Director glowing support for Director leased yet, some of my colleagues have

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.085 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9034 CONGRESSIONAL RECORD — SENATE December 19, 2013 been discussing the OIG’s findings ear- they published one in May of this might like is because their top leader- lier today. In light of that, I think this year—one more fact that was not even ship ranks have been riddled with va- is a good time to get some facts mentioned in the audit report. cancies for much of this year, and the straight because this audit, remark- The audit report says the program is same is true of many other agencies. ably, misses some key facts. fraught with the perception of outside Again, it is not fair to criticize the First of all, the report says the EB–5 influence. There is no denying the fact agency on the one hand and yet seem program is vulnerable to fraud and na- that this program gets a lot of atten- content on the other to leave them tional security risks and that the legis- tion, including from us—from Con- without Senate-confirmed leadership lation that created the program makes gress. In fact, the USCIS receives 1,500 for months on end. We can’t have it it difficult to fully address those risks. queries about the EB–5 program each both ways. We have some responsi- That is something that has been well- year from Congress, from Senators, bility here as well. known by Congress and the administra- from U.S. Representatives—1,500. As it It is time to stop playing political tion long before this report and long turns out, almost half of our Senate games. It is time to vote to confirm Ali before Director Mayorkas took over colleagues on both sides of the aisle Mayorkas for the Deputy Secretary po- the U.S. Citizenship and Immigration have inquired about the EB–5 program sition at DHS. Services in August of 2009. The emails since 2009. That is an enormous amount There is something else that came to I just discussed demonstrate that Di- of interest from Congress in this one my attention today that I thought was rector Mayorkas did not take national program. In many cases—most cases— interesting. It is not from an anony- security and fraud matters lightly. In that interest was provided or dem- mous source. It is not rumor or innu- fact, a review of the legislative history onstrated to CIS on behalf of our con- endo. It is actually a report from the of the last year and a half might sug- stituents, from States from one corner Partnership for Public Service. One of gest that we take them lightly. of America to the other. the things they do at the partnership is Despite the widespread knowledge But let me be clear: The fact that issue, I think maybe on an annual about the national security and fraud this program garners a lot of attention basis, the rankings of the best places to vulnerabilities in the EB–5 program— from a lot of Members of Congress and work in the Federal Government in and all visa programs, for that mat- a number of high-level officials from 2013 and, as it turns out, also maybe ter—CIS did not and does not have the all parties about the frequency and sta- the worst, because they do a ranking authority that it asked Congress for in tus of pending applications does not from top to bottom. order to adequately police regional mean that the Citizenship and Immi- I was dismayed to find out this week centers and the EB–5 program. I find it gration Services adjudicators are that the Department of Homeland Se- incredible that the OIG audit report swayed by the attention. Perception is curity ranked last—ranked last—on makes no mention of Director not always reality. Contrary to what their list of Cabinet Departments in Mayorkas’ efforts to get Congress to some have suggested or assumed, the terms of employee morale—last. It is pass legislation to address this problem OIG reported that all the files they re- not the first year. It has happened for since June of 2012. viewed in their audit—including the a number of years in a row. However, In the absence of being granted those ones associated with Terry McAuliffe’s although the Department ranked last authorities by Congress, Director company—appear to support the final among all the Departments, the U.S. Mayorkas took it on himself to imple- decision. Citizenship and Immigration Services, ment other reforms. Yet many of these Let me say that again. The OIG audit led by Director Mayorkas, was one of reforms took place before or during concluded that the evidence it re- the highest ranked components within this audit—and yet, incredibly, those viewed in these cases supported the DHS, coming in at, I think out of 300 reforms are not even mentioned in the final decision. Federal agencies, No. 76, which, if my audit report. Based on the evidence we have before math is good, that puts them in maybe One of his first actions as the Direc- us, I believe it is clear that Director the top 25 percent of all agencies. tor was to elevate the Fraud Detection Mayorkas has taken strong steps to After Mr. Mayorkas took over in and National Security Office to a direc- improve the EB–5 program. These are 2009, employee satisfaction with senior tor reporting directly to Mr. Mayorkas. the actions of a dedicated, thoughtful, leadership there increased by over 20 This ensured that national security and committed public servant. They percent. It has increased by over 20 per- professionals had a seat at the manage- are the actions of a leader who is will- cent since he took over in 2009. ment table and a voice in all major de- ing to make tough but necessary deci- Every now and then, in driving on my cisions. sions in order to shake things up and way to the train station in Wilmington He expanded reporting requirements improve a program that needed im- to catch a train to come down here to and security checks for regional cen- proving. That is exactly the kind of start our day, I listen to the news. Usu- ters, which led CIS to increase the leadership we need at the Department ally I arrive at 7 o’clock. About a year number of national security investiga- of Homeland Security. I think we need ago I heard a report on NPR of an tions in the EB–5 program by more it across the Federal Government. international study that was done in- than 50 percent in the last 4 years. I also believe we need leaders who are volving thousands of people across the He increased EB–5 staffing from 9 committed to doing what they believe country. In the international study, people in 2009 to more than 80 today, in their heart is the right thing to do. they asked the same question of thou- and hired senior economists and na- At his confirmation hearing in July, I sands of people from all walks of life tional security officers to work side by specifically asked Director Mayorkas with different kinds of jobs in different side with immigration specialists. about the allegations raised by some of locations. The question that was asked He positively engaged other agencies these anonymous sources. Director of each of those thousands of people such as the Securities and Exchange Mayorkas testified before this com- was, what is it about your job that you Commission, the FBI, and the Treasury mittee under oath that he has never like? What is it about your job that Department to help police the pro- put his finger on the scale of justice, you like the most? Not surprisingly, gram. In fact, Senator GRASSLEY him- and I have seen no evidence since then those people who were asked the ques- self noted this week that Director that would lead me to question his ve- tion had different responses. Some peo- Mayorkas convened a national security racity. ple said they liked getting paid. Some staff working group to examine the I do not believe that we can allow ru- people said they liked getting a pen- problem last year. mors spread by anonymous sources to sion. Some people said they liked hav- The actions I have described are not rule the day. ing a vacation or having health care. the actions taken by someone who does Some of our colleagues have been Some people said they liked the envi- not care about national security. very critical of DHS shortcomings and ronment in which they worked. Some The audit report says the EB–5 adju- they are quick to point out its failures. people said they liked the folks they dication process is ambiguous. CIS has However, one of the major reasons the work with. But do you know what most recognized there was a need for a con- Department fails to live up to expecta- people said? Most people said the thing solidated adjudication manual and tions more than they and the rest of us they like most about their job is they

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.094 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9035 felt the work they were doing was im- never had the chance to talk to any Finally, if we are going to accept as portant and they felt they were mak- other, I think, half a dozen or so gospel criticism about the way a per- ing progress. Think about that. The sources. son has run a particular agency—and reason most people cite for liking their The other thing I would say is that not of a criminal nature but criticisms job, the work they do, is because they there is nothing inappropriate about about the way it has been run—why know it is important and they feel they the staff of a committee chairman in- not give that person a chance to defend are making progress. quiring of an OIG about the pace and himself? Why not give him a chance to It is ironic to me—if you rely on the the resources provided to conduct an say: Well, there is another side to this anonymous sources the majority side investigation. This is just not any De- story or maybe there is not, but at has not been permitted to talk with, it partment that has lacked Senate-con- least give him that opportunity. is ironic to me that in a department firmed leadership from us; this is the Lastly, the morale at the Depart- where morale has been low and a prob- Department of Homeland Security. ment of Homeland Security—they do lem and a concern for years, at this Americans have a lot riding on that some great work, important work, the agency that Mr. Mayorkas has led now Department doing their job well. They Department of Homeland Security. for 4 years, employee morale is, by need senior leadership, and they have And they do a lot better work. I will comparison, fairly high. He does not not had the kind they need. mention a couple things, if I can. get any credit for that. But if employ- But despite the repeated efforts to Remember the response of FEMA, ees really do care that the work they get the OIG to expedite their efforts, which is part of the Department of are doing is important and they are begun in September 2012—a joint letter Homeland Security? Remember their making progress, maybe that belief is from Dr. COBURN and me to the OIG in response to Katrina? It was deplorable. reflected in these numbers. Maybe that July of this year; 2 months later, get a How about the response of FEMA to is reflected in these numbers on behalf response that, oh, maybe we will have Hurricane Sandy? All around—for the of the leadership that Mr. Mayorkas something in October. Two months most part, all around kudos were won. has provided for Citizenship and Immi- later, it is December, and bipartisan How about TSA? TSA has been a gration Services. staff—Democratic, Republican; major- whipping boy for a lot of folks. All of Let me close, if I could. My friend ity, minority—have a chance to be us who have the opportunity to fly from Kansas has arrived. briefed by the OIG, and rather than commercially, we have seen TSA make There are a couple things I want us say, well, this investigation we started changes. They have taken criticism to keep in mind. This is one that is 15 months ago is done, is ready to wrap they have taken to heart. Among other hard for me to understand. People up, they say, a couple more months, things, they have created the Trusted whom we do not know, whom we on the maybe 2 or 3 more months. Traveler Program so a lot of people do Are we supposed to continue to wait? majority side have not talked to and not have to take off their shoes or We have the leadership we need at the have not had an opportunity to hear their belts or do all kinds of things to Department of Homeland Security. At from to hear their story—it is maybe get through a security check. The TSA some point you just say: Enough al- unprecedented for that opportunity to has done a number of things. Some of ready. be denied the majority or for the ma- What we have learned is that in the technology they are using is not in- jority to deny that to the minority in terms of full-time people working on trusive, as it was before. Security is ac- a case like this. We have been denied this—I think there are about 650 full- tually strong. that opportunity. time equivalent people at the Office of For 10 years, our friends at GAO, the I think the person who is maybe best Inspector General at DHS, about 650, Government Accountability Office, able to provide or to rebut or to re- and as I understand it, 3 full-time peo- have, every 2 years, on their high-risk spond to concerns that have been ple—1 investigator and 2 research as- list at the beginning of every Congress, raised by these anonymous folks whom sistants—have been devoted to this in- cited that the Department of Homeland we have not been able to talk to is Mr. vestigation. No wonder it is taking 15 Security needs to be able to earn a Mayorkas himself, but our Republican months. clean financial audit of its books. They colleagues have refused to talk to him. I would ask us to keep in mind our said: 10 years; that is enough time. Even though there is no evidence of failure—our failure—to act on the rec- Well, it turns out the Department of criminal wrongdoing, they refuse to ommendations made to Congress for re- Defense, which has been around for, talk to him to give him a chance to forms in the EB–5 program to address gosh, about 70 years—over 60 years—is rebut or to respond to the accusations national security concerns and to ad- still not auditable. The Department of from anonymous sources we have never dress concerns about fraud. Defense is not auditable, much less to heard from. That one just blows my Mr. Mayorkas did the right thing. He have a clean audit. mind. and his staff pulled together a long list Last week the Department of Home- If the shoe were on the other foot, if of changes they need, legislative land Security, for the first time in Democrats were in the minority and changes they need so they would be au- their existence, received a clean finan- Republicans were in the majority, if I thorized to address his concern. We cial audit. They did it in 10 years. DOD, were the ranking member on the mi- dropped the ball. We did not include also a big operation—it is 60 years and nority side and we had a Republican those changes when we reauthorized counting, and they are not even au- President who nominated somebody for the EB–5 program for 3 more years—a dited yet. office and the chairman of our com- straight reauthorization. We did not So for those who want to constantly mittee asked me as the ranking minor- make any reforms. We did not make criticize the Department of Homeland ity member to meet with someone any changes despite the fact that he Security, I would just say that the peo- whom the Republican President had had suggested them months before we ple who work there work hard. They nominated, I would meet with them in acted. have tough jobs. They need our help. a heartbeat. I would want to hear that Finally, those changes ended up in One of the things they need our help in person’s story. That is what I would the immigration bill. We passed it doing is securing the kind of leadership want to hear. here. Most Democrats voted for it, they have not had, and that is Senate- If the anonymous sources were talk- some Republicans. It is over in the confirmed leadership. ing just to us, I would encourage them House. It is languishing and not mov- We have had some very good people to talk to the other side as well. ing. If we are really concerned about who have been acting as the Secretary, By the way, the one person we did giving this agency, CIS, the tools they acting as the Deputy Secretary, but, talk to—and we got this person, Mr. need, the authority they need to ad- friends, it is not the same. They need Rhew—I think we got his name out of dress these security concerns, fraud leadership that is going to be there a statement given by Senator GRASS- concerns, why don’t we join Senator with not just the blessing of the Presi- LEY on the floor. We talked to him. He LEAHY in the legislation he is going to dent but the blessing of this body and set the record straight. He set the introduce that largely is taken from that is going to be there today, tomor- record straight. I have already cited the immigration reform bill? When he row, next month, next year, and pro- that in my comments. But we have introduces it, let’s cosponsor that bill. vide the leadership that is needed.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.095 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9036 CONGRESSIONAL RECORD — SENATE December 19, 2013 The most important element I have I once heard a hymn that has stayed But Majority Leader REID and every ever seen in my time in the Navy—23 with me ever since the first time I single Member of his conference save years Active and Reserve—my time as heard it. It was sung at the funeral one stood together to block an effort Governor, my time here in the Senate, service of President Reagan. It is which I proposed to restore the pen- the most important element I have called ‘‘Mansions of the Lord.’’ It was sions for the military and also find bet- ever seen in any organization to deter- performed by the U.S. Armed Forces ter offsets. They blocked us from mak- mine whether it is going to be success- Chorus at the National Cathedral here ing any alteration to this spending ful is leadership. Show me a school in Washington. The words of that hymn package that was before the Senate, in- with a great principal, I will show you are these: cluding my amendment to close an a school that is on the way up. I do not To fallen soldiers let us sing egregious tax welfare loophole—a tax care how ineffective the teachers Where no rockets fly nor bullets wing credit, a payment directly from the might be, I will show you a school that Our broken brothers let us bring United States of America to illegal is on its way up. Show me a business To the mansions of the Lord aliens—that could pay for these cuts with a strong leader, and the same No more bleeding, no more fight itself. Indeed, the inspector general of No prayers pleading through the night thing is true. Show me a body like this President Obama’s Treasury Depart- or a military unit, leadership is always Just divine embrace, eternal light In the mansions of the Lord ment has said this loophole needs to be the key. And it is the key at the De- Where no mothers cry and no children closed and would save a substantial partment of Homeland Security. weep sum of money. It is an open gate, al- If the improvement that I have We will stand and guard though the angels lowing massive fraud and illegality. noted, that I mentioned here just a sleep So we simply wanted to close that minute ago, is to continue and actually Through the ages safely keep loophole. We asked to pay for this new be strengthened, they need Senate-con- The mansions of the Lord spending by closing this loophole that firmed leadership. We will have the op- We honor these six soldiers who this the Treasury Department asked us to portunity in a couple of hours to give week were welcomed into the mansions close instead of reducing the retire- Jeh Johnson, the newly confirmed Sec- of the Lord. ment benefits by as much as $70,000 for retary of Homeland Security, a key I am grateful for the blessings these a sergeant who served to age 42 in the player in the leadership team that he is brave men afforded us with their serv- trying to build at that Department. He U.S. military. ice to our country, and we thank God How can this blockade be defended? deserves our support, and so do the for giving us these heroes. We remain How did it happen? Why would we be in people at that Department. And if they committed to preserving this Nation such a position? Is there any Member get it, they will provide the support we for the sake of the next generation by in the majority who would really de- need in this country to be safer in the honoring that sacrifice. fend the practice we are now under- days ahead. We Americans are indebted to every With that, Madam President, I thank taking where legislation that clearly member of our military. We are in- needs an amendment to fix a problem you for allowing me to give this state- debted to do nothing less than to pre- ment. in it is not allowed to have amend- serving America’s freedom and to I see my friend from Kansas on the ments, and the legislation is rammed make certain it remains the bright floor. I thank him for his patience, and through the Senate? I am happy to yield the floor. shining star for the world. This has been the pattern around The PRESIDING OFFICER. The Sen- I would ask God to bless these service here for far too long. The majority ator from Kansas. men and women, to bless our veterans, leader is eroding the Senate’s historic to bless our country. HONORING OUR ARMED FORCES role as the great Chamber where the This coming week, in a few short FALLEN FORT RILEY SOLDIERS issues are debated and changes and Mr. MORAN. Madam President, days, families will gather around din- amendments are voted on, and he is CWO2 Joshua B. Silverman, age 35, ing room tables across our Nation to being enabled and supported by his Scottsdale, AZ; SGT Peter C. Bohler, celebrate the holidays. In the instance conference. age 29, Willow Spring, NC; SPC Terry of these six families, there will be an Consistently, time and again, when K.D. Gordon, age 22, Shubuta, MS; SFC empty chair at the Christmas table. objections are made to try to stop this Omar W. Forde, age 28, Marietta, GA; For those of us who are Christians, we practice and get amendments and votes CWO2 Randy L. Billings, age 34, celebrate Christmas as the arrival of on important bills, his conference has Heavener, OK; SSG Jesse L. Williams, the Prince of Peace, and I would ask stood with him. In other words, his age 30, Elkhart, IN are names of sol- that we have peace in our land, peace conference is saying: We choose to diers who lost their lives this past in our world, and no more wars. And I stand with Majority Leader REID and week. They lost their lives in a heli- would ask that these families find his procedural actions which block copter incident in Afghanistan, and peace knowing that their son, their other colleagues; we choose to stand five of those soldiers were from my husband, their father, sacrificed for against even our own Members having home State based at Fort Riley, KS— something more important than life amendments and against the right of the Big Red One. itself—they sacrificed for others. May individual Americans to have their Our Nation is forever indebted to they find peace in knowing what wor- Senator be held accountable—to stand these young men for their service and thy lives their loved ones lived. up and be able to offer amendments to their sacrifice. This evening I ask the I yield the floor. legislation to improve it. And if you Senate to pay tribute to these six sol- The PRESIDING OFFICER. The Sen- don’t do that, you are accountable for diers who, in serving their country, ator from Alabama. voting for the final bill—which is im- lost their lives. If we here in Wash- Mr. SESSIONS. Madam President, perfect and should be fixed. ington, DC, need a reminder about our there has been considerable con- That is the way the voters hold us ac- responsibilities, we need only look to troversy in recent days over a provi- countable. They need to be able to see our service men and women who, for no sion in the recently passed spending us vote and look at our voting records partisan reason—nothing to do with package that became known as the Bi- and decide whether we are serving Republicans or Democrats—volunteer partisan Budget Act which cuts pen- their interests, some Wall Street inter- to serve their country, and recognize sions for military members, including est, some special interest, or some po- there are things much more important wounded warriors. litical group instead of the national in- than even life itself. There was bipartisan agreement. terest. That is what this whole system These soldiers were committed to People on both sides of the aisle be- is about. preserving the freedoms and liberties lieve that it ought to be fixed, that it Now we have before us the Defense guaranteed Americans by our Constitu- was an error and should not go forward, bill that is so important for America. I tion, and they sacrificed their lives and that there were better ways to find serve on the Armed Services Com- every day to make certain Americans the money—if you have to have money mittee. I have been on that committee have the opportunity to pursue the to spend somewhere else—than taking for nearly 17 years. We moved this bill American dream. it from military retirees. out with a big majority. I voted for it

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.096 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9037 in committee, although I expressed And then if the Republicans resist ably most people can explain their great concern about its budgetary and say, we are not going to vote to votes if they know what they are problems that needed to be fixed. Un- end debate because we haven’t had any doing. Maybe some cannot and they fortunately these problems have not amendments, he says, you are obstruc- will be voted out and sent home. So be been fixed. But I wanted to see the bill tionist. it. If you cannot defend your vote and move forward, and I tried to be cooper- This is the pattern that has been you are not casting good votes on bills ative. going on. He files cloture virtually im- and you cannot respond effectively as The bill moved to the floor. The mediately with the filing of the bill, to why you voted for or against a cer- budget problem hasn’t been fixed, and and he claims that is a filibuster by the tain amendment, then you ought to be there are other problems with the leg- Republicans. So by filing cloture im- sent home. We are not entitled to these islation that need to be refined. The mediately, he contends that Repub- jobs. We have to be elected to them. bill before us, the Defense bill, spends licans are filibustering a bill; he counts I am concerned about it. I believe it approximately $500 billion—for the up these filibusters and says: There are goes even beyond the significance of largest single agency in the U.S. Gov- too many filibusters in the Senate. You this important Defense bill. I think it ernment. Are we to accept that it are obstructing the business of the goes beyond this grave error in which should pass in this body without a sin- Senate. In truth, Majority Leader REID we are reducing the pay of military re- gle person having a single idea that is the one who is obstructing the Sen- tirees when we are not reducing other ought to be made a part of that bill? ate. He is the one who is blocking de- retirees’ pay. Can it not be made better? bate and amendments. This is not a belt-tightening across The majority admits it is not a per- If you ask a schoolchild somewhere the board. It seems to me to be a tar- fect piece of legislation. We certainly in America, if you ask a senior citizen, geting of one group of Americans, per- know that. The American system is de- a World War II veteran who loves this haps those who served more than any signed so that when an imperfect bill country and has studied the great prin- other group. moves forward, a Senator can offer an ciples of America, you say there is a Majority Leader REID continues to amendment. Maybe it is not a good piece of legislation on the floor of the complain that the trains are not run- amendment. Maybe it will be voted Senate and there is something in it ning on time, not running with enough down. Maybe it is a good amendment that is wrong—they want to cut bene- ruthless efficiency to suit his ideas. So and will be accepted. But no more, not fits for wounded warriors, veterans who he then uses a filling-the-tree tactic. with what is happening here today. served and have been wounded in com- But that is not all. Although President What is happening here today is bat and disabled—and you do not want Obama has had judge after judge after when Republicans want to offer an that to happen, what would you do? judge confirmed, and Cabinet people amendment, Senator REID basically Why, they would all answer, you and sub-Cabinet people confirmed in says no. He doesn’t want any amend- would file an amendment to the bill to large numbers, the Senate refused to ments. He then uses a device called fix this problem. approve one appointment recently and ‘‘filling the tree’’—because he gets to But not in the Senate today. That is refused to fill three Federal judgeships be recognized first—filling it with a se- the classical understanding of the way at the U.S. Court of Appeals for the ries of amendments, leaving no place, this body ought to operate. That is District of Columbia Circuit because then, for any other Member of the Sen- what James Madison, I am sure, con- they were not needed. The average ate to call up an amendment. And the ceived and the way it has worked for so caseload for those judges was 149. Of majority leader won’t remove the many years. But not any longer. This the 8 judges who are there now, there amendments from the tree unless he bipartisan Budget Act is just like the are authorized 11 judges. So the 8 decides he wants to. Defense bill—no amendments. No mat- judges there now have 149 cases per On this Defense bill, we had two ter how important the bill is, no mat- judge, whereas my circuit, the 11th Cir- votes on amendments when the bill was ter how many problems there are in it, cuit, sitting in Atlanta, has over 700 up for an entire week. We could have no amendments. cases per judge. The national average easily had 30 or 40 votes that week had Oh, you want to go back to that old is around 350 cases per judge. we chosen to do so. So only two votes Senate where people could actually de- We do not need to fill three judge- were held, and none now, and we are bate and have amendments and offer ships for which the caseload is not moving to final passage. The tree is changes and improve it? No longer. there. The caseload for the DC Circuit filled, and we have not been able to That is obstructionist. That is delaying is almost half that of the next lowest force even a single vote to fix matters. tactics. We won’t have it anymore. You circuit in the country. So we do not Senator CORNYN offered an amend- are slowing us down. It is unaccept- need these judges. The caseload con- ment this afternoon. He filed a motion able. tinues to decline. So the Senate refused to table some of the amendments Sen- When I vote not to end debate on this to give cloture, refused to confirm ator REID had placed on the tree, and it Defense bill that is before us, I am not those judges. So in an act of pique or was voted down by the supporters of voting to not have a defense bill. That calculation or deliberateness, the ma- Senator REID on the other side of the is so obviously wrong it is hard to be- jority leader altered the rule of the aisle. We have been talking about this lieve you have to explain it. But we are Senate about how we ought to conduct for a long time. This is contrary to the not voting to do that. We are voting to business here. He did so by breaking history of the Senate. maintain the classical principle of the the rules of the Senate. Senator CORNYN laid out how year Senate where individual Senators from This is what happened. U.S. Senate after year for 51 years we moved a de- whatever State there is can come to rule XXII says in order to bring debate fense bill through the Senate, and the floor and make a contribution to to a close, three-fifths of the Senators there have been multiple amendments the country. They were elected by duly sworn would need to vote to end nearly every time but this one. It is their people. There are almost 5 mil- the debate. There were not sufficient unthinkable that the great Senate of lion Alabamians who elected me. Do I votes to end the debate on the DC the United States would not allow not get to offer an amendment to the judges because they were not needed. amendments to a bill as significant as Defense bill of the United States? It di- This irritated the majority leader. So a defense bill. minishes my role. It diminishes the he petitioned to the Presiding Officer So what does the majority leader do role of every single Senator. So I am and the Parliamentarian and he as- after he fills the tree? Republicans asking my colleagues on the other side serted that it only takes 51 Senators to said: Wait a minute, Senator REID. of the aisle who have been lemming- vote to end debate. But rule XXII ex- There were no amendments allowed on like, I call it, defending this abuse of plicitly says it takes three-fifths, 60 the bill. We have amendments. power, to begin to consider what this Senators, to end debate. It goes on to He said: Oh, you are being obstruc- may mean to them and whether this is say, except when you change the rules tionist. I am going to file for cloture. I the right way the Senate should oper- of the Senate, and that takes two- am going to file a motion to shut off ate. thirds, 67. So it takes 67 votes to debate, and we are not going to have There will be some tough votes. We change the rules of the Senate and 60 any amendments. will all have to take tough votes. Prob- votes to end debate.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.102 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9038 CONGRESSIONAL RECORD — SENATE December 19, 2013 What did Senator REID do? He asked cinctly, one of two Democrats who It is a disappointment for me to be in the Parliamentarian to say it only voted against Senator REID’s attempt this position. I have tried to be sup- took 51. The Presiding Officer, the to execute the nuclear option and to portive of the Defense bill every year. I President pro tempore of the Senate, change the rules of the Senate. He said worked in committee to do so. I believe Senator LEAHY, our longest serving if a majority can change the rules of last year we got a unanimous vote, Re- Member, and the Parliamentarian said the Senate, there are no rules. It is publicans and Democrats, quite a num- no, Senator REID, the rule is it takes 60 simply what the majority says. There ber of times in the committee. A lot of votes to shut off debate. are no standards, there are no rules, that is due to Senator LEVIN and Sen- So what did Senator REID do? He there are no procedures. If we can ator INHOFE’s leadership. This time we used the ability to appeal the ruling of change them whenever we are frus- have a problem, and it is not going the Chair and he asked his colleagues trated by a majority vote in the Sen- well, and I am deeply disappointed. I to overrule the ruling of the Chair, ate, there are no rules, there are no believe we can do better, we must do which by any plain reading of the rules protections. That is so true. better, and I will not be able to vote to of the Senate would be without dispute That is why what has happened here support this bill tonight. requiring 60 votes to shut off debate, is so significant. I believe this late- I thank the Chair and yield the floor. but he wanted it to be 51 and his col- night work and this process to consider Mr. BOOZMAN. Mr. President, I ap- leagues supported him. His colleagues nominations is healthy, because it re- preciate the efforts and concerns of my supported him, they supported him and quires us to go through a painful period colleagues in the Senate and the House he overruled the Chair, his own Parlia- of introspection as to what is hap- who are unwavering in their support mentarian whom he selected and the pening to us and how we ought to con- for our military retirees. We need to Presiding Officer that he put in the duct this great Senate. correct this grave injustice that was Chair. They voted to change the rules This afternoon we did not have the made and continue our promise to the of the Senate. It is in plain language— support for Senator CORNYN’s resolu- men and women who serve our Nation tion. Yesterday, when I made the mo- with 51 votes, not 67. by restoring their retirement benefits. This is dangerous, colleagues. This is tion to clear a place off of the tree so We need to cut spending and put our the kind of thing you see in Third my amendment could be heard and country on the path to fiscal responsi- World republics or would-be republics. voted on, my colleagues, a majority of bility, but it should not come at the This is the kind of lawlessness that them, voted no. Only one broke with expense of our nation’s military retir- will endanger the American system of Senator REID, actually; one Democrat ees. I could never support a budget deal government at its most fundamental did. Every Republican voted to allow that contained this provision. That is amendments to go forward, allow my basis. It is endangering us. The Presi- why I opposed the deal that was ap- amendment to be heard. The rights of dent says whatever he wants to—you proved by the Senate this week. I will all the Senators in this body to defend can keep your doctor, the President work with my colleagues to make sure their State, to defend equal representa- says your plan is going to save you our servicemembers receive the bene- tion, was undermined. $2,000 a year, the President says all The two Independents in our Senate, fits they earned. I am confident that these things and he gets his bill passed delightful individuals for sure who cau- we can find a solution to this error be- and none of it is true. cus with the Democrats and vote with fore any retirees are impacted by a re- I don’t see any Members on the floor the Democrats, maybe sometime they duction in their future retirement pay. who voted for this bill, ObamaCare, Ms. HEITKAMP. Mr. President, I rise will be willing to prove that the letter today with strong concerns over how down here apologizing to the American ‘‘I’’, independent, means something and the National Defense Authorization people, saying I am sorry, the bill I maybe they will help us stand and de- Act of 2014, H.R. 3304, approaches the voted for did not do any of the things fend the heritage of the Senate. We I promised you it would do and I am need to make this thing change. We critical issue of intelligence, surveil- willing to have an amendment process cannot continue to aggregate more and lance and reconnaissance, ISR, and spe- on the floor to fix it. No, we are not more power into the majority leader cifically the approach to the Global going to get a vote on ObamaCare. where no longer—where the right to de- Hawk system. I support H.R. 3304, but I They are going to block that too. If mand 60 votes to shut off debate could will continue to work with administra- any attempt is ever made, he will fill be further eroded, where we will con- tion officials, our Nation’s military the tree and block that vote. So we are tinue to see bill after bill brought up leaders, and my colleagues to make not able to bring it to the Senate floor with no amendments being allowed. sure our Nation makes the right in- and require Senators to vote on serious They say oh, well, we are at the end vestments in ISR that protect our Na- issues involving health care for mil- of a year. We must do that. We do not tion and our servicemembers. lions of Americans because Senator have time. But the Defense bill has Since I joined the Senate in January REID doesn’t believe in it and he is been on the floor since June. That is 2013, I have spoken with several key backed by his colleagues. awful. There have been huge amounts Department of Defense leaders who I guess the President probably says, of time for us to bring it to the floor. have emphasized the importance of suf- oh, don’t let them vote on ObamaCare, It has been out of committee since ficient ISR capabilities to keep our they might change some of it. You June and it should long ago have been troops safe and protect U.S. interests. know, they are finding out what is in brought up and, in fact, it could have The Global Hawk family of platforms it. We don’t want them to actually been voted on last week with full plays a key role in providing that ISR think they have enough muscle to ac- amendments and we would already be capability and answering the call of tually pass a law to fix it or change it through with that and be gone today. combatant commanders with un- or alter it. That would be terrible. Who The Armed Services bill, the Defense matched range, endurance, and cost- do they think they are? Do they think bill is an important bill. I am very dis- per-ISR-hour. this is a democracy or something? appointed we are at a period of im- The Fiscal Year 2013 National De- That is where we are. This is huge passe, very disappointed that I cannot fense Authorization Act prohibited the and significant. We have to confront support going forward with it to final retirement of the Global Hawk through what is happening. It is very important passage because there is no ability to the end of the Fiscal Year and directed that we cool down and we get some amend it and fix some of the obvious the Air Force to maintain the oper- sort of work going on, but I am not flaws that are in it. It is outside the ational capability of each system to confident at all on that. This effort budget spending limits we agreed to. support operational requirements of should result in a retreat from this The Bipartisan Budget Act was also the combatant commands. The original breaking the rules to change the rules, rammed through the Senate with no House version of the Fiscal Year 2014 this nuclear option. ability to offer amendments. This leg- NDAA extended this retirement prohi- The reason a nuclear option was islation will not allow us to prevent bition on Global Hawk through the end called that is because once you do that, the cut of veterans retirement pay and of 2016. This smart provision would it blows up the entire Senate. Senator disabled wounded warriors retirement allow the still-fielding Global Hawk LEVIN explained the problem very suc- and benefit pay. fleet to continue to support operations

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.103 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9039 around the globe and allow Congress legal consultant on sexual assault tisan Military Justice Improvement and the Department to gather addi- cases—says that article 32 proceedings Act. tional information about our Nation’s are so difficult for victims that ‘‘a lot I am deeply disappointed that this future ISR needs. Such information of cases die there as a result.’’ In fact, important bill was not included in the would allow the best possible decision the military’s own statistics show that National Defense Authorization Act be- about the Global Hawk. nearly 30 percent of sexual assault vic- cause until vicious crimes like sexual Unfortunately, H.R. 3304 only extends tims who originally agree to help pros- assault are handled outside the chain the prohibition on Global Hawk retire- ecute their alleged offenders change of command, we will not have truly ment through the end of Fiscal Year their minds before trial. fixed our broken military justice sys- 2014. This decision could allow DOD to The National Defense Authorization tem. follow through on previous efforts to Act addresses this serious problem by That is why I look forward to proudly prematurely cancel the Block 30 bringing article 32 proceedings more in casting my vote in support of Senator version of the Global Hawk, which rep- line with how preliminary hearings are GILLIBRAND’s bill in January, and I resents the largest group of Global conducted in the civilian criminal jus- urge my colleagues to do the same. Hawk platforms. DOD’s own findings tice system. Mr. LEAHY. Mr. President, the com- show that the Block 30 Global Hawk Specifically, the bill limits the scope promise Fiscal Year 2014 National De- represents a more efficient platform of article 32 proceedings to the ques- for high-altitude ISR needs than plat- fense Authorization Act is an impor- tion of probable cause. This will help tant authorization bill that I intend to forms which perform the same mis- ensure that article 32 proceedings do sions, such as the U–2. support. This will be the second legisla- not turn into fishing expeditions that tive matter considered by the Senate It doesn’t seem wise to allow the po- serve only to discredit and humiliate tential termination of the largest part this week that reflects the kind of victims. compromise too often missing from our of the Global Hawk program before It also requires article 32 proceedings Congress fully understand the capabili- deliberations in Congress. It does not to be presided over by an impartial meet the needs of every Senator, but it ties and abilities of this system and military lawyer except in extraor- how it can fit into larger DOD plans. marks a step in the right direction and dinary circumstances. will allow the Department of Defense I strongly support many of the provi- In addition, the bill requires all arti- to move forward key programs in the sions in H.R. 3304, such as its improve- cle 32 proceedings to be recorded—put- coming year. ment in how the military approaches ting in place a uniform standard across I understand the frustration of some its sexual assault epidemic, and all of the services. It also gives victims Senators who were keen to offer amendments I worked on to protect access to the recording. our ICBM forces and ensure our Nation Furthermore, it prevents victims amendments to this authorization bill. moves forward in an effective way re- from being forced to testify in article In fact, two measures I introduced dur- garding unmanned aerial system inte- 32 proceedings. Instead, alternative ing the Senate’s consideration were not gration in the national air space and forms of testimony, including sworn included in the compromise. These pro- the use of Reserve component units for statements, could be used. This will en- visions would have extended protec- cyber missions. However, I will con- sure that victims are not revictimized tions for human rights by aiding inter- tinue to work with my colleagues to during article 32 proceedings. national efforts to prosecute war crimi- improve the DOD’s approach to ISR These commonsense reforms will nals and compensating innocent civil- and ensure our military retains the help ensure that victims of sexual as- ians who fall victim to combat oper- ISR it needs to keep our citizens and sault are not put on trial simply for ations. Both provisions have signifi- servicemembers safe. making the courageous decision to pur- cant support, and I remain committed Mrs. BOXER. Mr. President, I am so sue justice. And this change has broad to continuing to work to see them en- pleased that the National Defense Au- support from survivors, military lead- acted in the new year. But despite the thorization Act includes important reers and military law experts. best efforts of Chairman LEVIN and forms to article 32 of the Uniform Code Karalen Morthole—who was raped by Ranking Member INHOFE, the amend- of Military Justice, UCMJ, which are a master sergeant at a bar on the ment process in the Senate was de- based on an amendment I authored grounds of the Marine barracks in railed by irrelevant proposals, which with Senator GRAHAM. Washington, DC—supports reforming prevented provisions like these from I thank Senator GRAHAM for working the article 32 process: ‘‘People always receiving consideration. Nonetheless, I with me on this issue. I also thank will support this compromise.. Chairman LEVIN and Ranking Member say, ‘This is why so many people don’t come forward.’ I agree. The process The bill before the Senate authorizes INHOFE for working so closely with us. the activities of the Department of De- Without their support, these critical should be changed so survivors of rape fense, the single largest U.S. Govern- reforms would not have been incor- feel confident rather than discouraged ment entity. As a result, manufactur- porated into this bill. when trying to pursue justice.’’ These reforms will help end the abu- MG Vaughn Ary—the staff judge ad- ers and service providers across the sive and invasive questioning of sexual vocate to the commandant of the Ma- United States will keep Americans em- assault victims during pretrial article rine Corps—agrees that ‘‘there is room ployed making and doing things for the 32 proceedings. for change in article 32.’’ Department. It means that the U.S. Article 32 proceedings are the mili- In addition, Eugene Fidell—a pro- Armed Forces can take the steps need- tary’s equivalent of preliminary hear- fessor of military justice at Yale Law ed to address threats to our security. ings in the civilian criminal justice School and a former Coast Guard judge Most importantly, it means the mem- system. However, article 32 proceedings advocate—has said that article 32 pro- bers of the Armed Forces and their have become their own trials where the ceedings have ‘‘become bloated’’ and families can count on having the equip- defense counsel can harass and intimi- ‘‘should be replaced by a simple prob- ment and support they need while self- date sexual assault victims and ask able cause hearing.’’ lessly serving to keep us safe. questions that would never be per- I am so pleased that there is a clear The Defense authorization bill before mitted in civilian courts. No victim consensus on the need to reform the ar- us also contains important changes should ever have to endure this type of ticle 32 process to better protect vic- that will help the administration abuse. tims of sexual assault. This is an im- transfer more individuals out of the de- Our military justice system should portant step forward in addressing the tention facility at Guantanamo Bay. It encourage sexual assault victims to re- epidemic of sexual assault in our mili- includes a provision that relaxes the port these crimes and pursue justice by tary. current onerous certification require- prosecuting perpetrators. Tragically, But let me be clear. There is only one ments that must be satisfied before the article 32 process does just the op- fundamental change that will give sex- transferring detainees to third coun- posite. ual assault survivors the confidence to tries. These requirements have proven Roger Canaff—a former prosecutor report these heinous crimes knowing to be unnecessary and counter- who has worked with the military as a that justice will be served—the bipar- productive.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.087 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9040 CONGRESSIONAL RECORD — SENATE December 19, 2013 Regrettably, the compromise bill re- tainty and operational readiness for The NDAA will strengthen our com- tains two limitations that were in- our National Guard personnel and fam- mitment to eliminating the scourge of cluded in the House-passed version of ilies. sexual assault from our military. It in- the authorization. The legislation ex- Second, it requires congressional cludes provisions from my bill to pro- tends the current prohibition on con- budget justification documents to spe- vide victims of an offense under the structing facilities in the United cifically enumerate funding levels for Uniform Code of Military Justice with States to house Guantanamo detainees embedded mental health providers in the same rights to counsel and other and also extends the ban on transfer- National Guard and Reserve units. For protection afforded victims in civilian ring detainees to the United States for too many years, men and women in the courts. It rightly eliminates the ability detention or trial. I strongly believe Guard and Reserves have come home of a commander to dismiss a court that the executive branch must have from war to inadequate mental health martial or reduce a sentence, and it es- all options available in handling ter- resources. The Congress took the im- tablishes minimum sentencing guide- rorism cases, particularly the ability portant step of embedding mental lines in cases of sexual assault. The bill to prosecute terrorists in Federal health providers in units, but resources also strengthens rights for victims of criminal courts. That is why I voted disproportionally moved towards the sexual assault at pretrial article 32 pro- against an amendment by Senator large, Active military bases, while our ceedings and ensures that they will AYOTTE during the Senate floor debate hometown heroes at small drill centers have counsel present when interviewed. in November that included these same around the country went without. With I have been very concerned with restrictions. specific enumeration, we can take a properly providing for those wounded Although I would have preferred the better look at resource allocation and warriors who suffer the so-called signa- more favorable detention-related provi- we in the Congress can make sure ture wounds of these recent wars: post- sions contained in the underlying Sen- members of the Guard and Reserve get traumatic stress and traumatic brain ate bill, this compromise represents an similar access to their Active counter- injury. Just this year, I was saddened improvement over existing law. parts. by the loss of Connecticut veterans Reforms to the military justice sys- The authorization before the Senate who fought long battles with these ill- is the result of compromise. The Sen- tem in this compromise also accom- nesses. Though I believe that more ef- ate will close this session of Congress plish an improvement of the status forts are needed, the NDAA will help to on the heels of two bipartisan votes quo. This bill includes roughly two provide improved outreach on suicide that passed a 2-year budget and this dozen changes to the Uniform Code of prevention to Reservists in Con- important authorization bill. I hope Military Justice and Department of necticut and across the country to that this bodes well for further co- Defense policy that enhance victims’ hopefully reach additional wounded operation and compromise in the new rights and protections and amend the warriors in need of help. investigative and prosecutorial proc- year. I have also been very concerned with Mr. BLUMENTHAL. Mr. President, I ess. Among the measures included in the lack of interoperability between support the compromise National De- the bill is the removal of a com- Department of Defense and VA medical fense Authorization Act for Fiscal Year mander’s ability to overturn jury con- 2014 (NDAA). Though this bill has records. Right now, when someone sep- victions, and a secondary review of any shortcomings, it will be good for our arates from the military, the VA has decision made not to prosecute, wheth- country and for Connecticut, and it no complete, automatic access to vet- er made by the convening authority or will allow us to keep faith with the erans’ service-related medical records, the staff judge advocate. Additionally, brave men and women who serve and even though the Department of Defense the 5-year statute of limitations on sacrifice each day in our military. has those records. Defects in interoper- trial by court-martial for additional of- As a member of the Senate Armed ability have contributed to the uncon- fenses involving sex-related crimes is Services Committee, I have the privi- scionable backlog of veterans’ claims. I eliminated, and those accused of cer- lege and the important responsibility have worked with Senator NELSON on a tain sex-related offenses are required to honor our men and women in uni- bill to mandate interoperable medical to receive dishonorable discharges or form by providing for them while they records between the Department of De- dismissals if convicted. are training, when they are deployed, fense and the VA, and I am pleased These important accountability and if they are wounded. I voted for the that provisions on this subject are in measures will be supported by the re- NDAA in committee this year, and I the NDAA. These provisions require moval of the ‘‘good soldier’’ defense for will vote for it on the Senate floor be- the SecDef and the Secretary of VA to the accused, and victims will further be cause I know that it will support our ensure the Departments’ electronic protected by changes that prevent servicemembers throughout their time health record systems are interoper- them from being forced to testify at ar- in uniform and beyond. This bill funds able with integrated display of data, or ticle 32 proceedings and at trial. the training and equipment our troops a single electronic health record, and Though more can be done, these and need to go into battle. It funds the crit- that each is compliant with national other provisions adopted represent a ical weapons systems that they need to standards. significant improvement and merit the protect our Nation. And it provides for Additionally, I am pleased that the Senate’s support. them after they return home—albeit NDAA includes provision-enhancing There are many other provisions in less robustly than it should—through mechanisms to correlate skills and this bill that are worthy of high- medical care and opportunities to build training for military occupational spe- lighting, but as cochair of the Senate skill sets for civilian careers. cialties with skills and training re- National Guard Caucus, I am most This bill is good for Connecticut as it quired for civilian certifications and li- pleased that this bill does not com- supports both our Connecticut Na- censes or IT credentialing. By promise on supporting the National tional Guard and Reserve and our prioritizing training and certification, Guard. As an essential part of U.S. se- State’s hard-working defense manufac- not only do we ensure that our mili- curity at home and abroad, the Na- turers. Specifically, it funds two sub- tary personnel have the appropriate tional Guard is an integral part of the marines a year. The NDAA maintains skills to carry out their duties, but we Armed Forces today and will remain so robust funding for the Ohio Replace- also ensure that our veterans have a in the future. Among the many provi- ment Program, the Virginia Class Sub- path to translate these skills to civil- sions that demonstrate the strong com- marine, the Heavy Lift Replacement ian life and find work that fits their mitment to the National Guard felt by Helicopter Program, and the Joint skills once they leave the service. Members of Congress in both Cham- Strike Fighter. It funds advanced pro- Finally, this bill strengthens our bers, two are most important. First, curement for the Army’s UH–60 commitment to ensuring that we do the authorization effectively ends the Blackhawk M Model that will be used not contract with the enemy. It in- process of ‘‘off-ramping,’’ wherein a by the Connecticut National Guard, cludes provisions I championed giving National Guard unit scheduled to de- and it rightly does not authorize a combatant commanders greater au- ploy is replaced at the last minute by costly and unnecessary round of base thority to terminate or void a contract an Active unit, preserving both cer- realignments and closures. with anyone supporting our enemies,

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.091 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9041 and it prohibits funding to enter into ator LEVIN, on reaching an agreement CVN–79, and we freeze the payment of contracts with Rosoboronexport—a with the House to complete this impor- fees whenever the program manager’s Russian company financing Assad’s tant legislation. For 51 consecutive estimate of total program costs ex- cruel war against the Syrian people. years, the Senate has passed a defense ceeds the cost cap. Overall, I am pleased to support this authorization bill, and I hope we will In this bill, we also require the CNO bill to keep our country safe and our be able to soon send the bill before us to submit a report identifying the cur- military strong. I look forward to vot- to President Obama for his signature. rent littoral combat ship, LCS, concept ing for this bill and to continuing to We owe it to our servicemembers to of operations and the expected surviv- work with my colleagues in a bipar- pass a law that will support them and ability of each sea frame; we require tisan manner to support our national enable the DOD to execute this year’s the GAO to review the LCS program; defense. budget efficiently and effectively. and we limit future procurements of Ms. MIKULSKI. Mr. President, I rise We made tough decisions in putting the LCS until the Navy produces cer- to call, as so many others have done, together this bill—especially in these tain reports and the Joint Require- for justice. The scourge of sexual as- difficult economic times. But this bill ments Oversight Council makes certain sault still pervades in our military. will allow DOD to combat current certifications about the LCS program. Our outrage is palpable, but change is threats, plan for future threats, and The bill also amends the language of possible. provide for the welfare of our brave the annual 30-year shipbuilding report I recently read a heart wrenching servicemembers. While it is dis- to require the disclosure of ship prices story in the Baltimore Sun about Brian appointing that we did not have suffi- assumed in the plan and a risk assess- Lewis. Thirteen years ago, after 3 years cient time to debate amendments, this ment whenever the number of ships in of service in the Navy, Brian was as- is a good compromise bill and it is crit- the plan falls below the Navy’s require- saulted by a higher ranking shipmate. ical that we pass it. ments. His attacker went unpunished, while I would like to point out a few of the I offer my thanks to Senator MCCAIN Brian bore shame, depression, and even highlights of this bill: and the other members of the Seapower accusations from his fellow shipmates. It authorizes a 1-percent across-the- Subcommittee for their diligence in Brian is not alone. He joins thou- board pay raise and reauthorizes over the subcommittee’s work this year. sands of men and women who have suf- 30 types of bonuses and special pays for We have a good bill before the Sen- fered silently at the hands of a fellow our men and women in uniform; in- ate, and I urge all of my colleagues to soldier, sailor, or marine. This is a cludes 36 key provisions to strengthen support it. compelling national problem. When sexual assault prevention and response Mr. REID. Mr. President, I ask unan- you join the military and you face the programs; extends authorities to con- imous consent that if cloture is in- enemy, you shouldn’t have to fear the tinue several ‘‘train and equip’’ pro- voked on Executive Calendar No. 456, enemy within. grams to assist foreign militaries in Alejandro Mayorkas, to be Deputy Sec- Victims of sexual assault have long counterterrorism and counternarcotics retary of Homeland Security, all but 1 been redlined and sidelined at the missions; and authorizes $6.2 billion for hour of postcloture time be yielded hands of a justice system that fails to the Afghanistan Security Forces Fund back, and that when the Senate con- be objective or effective. It is time to to further build the capacity of the Af- venes on Friday, December 20, the Sen- put a stop to this now. ghan army and police so those forces ate resume consideration of the Despite lasting trauma, prejudice, can take over security throughout Af- Mayorkas nomination, with the re- and overwhelming obstacles, these men ghanistan by December 2014. maining hour of debate equally divided and women have endured. Their cour- This year I once again had the honor between Senators CARPER and COBURN, age in the face of suffering is admi- of serving as the chairman of the or their designees, and that following rable, but it should not be necessary. Seapower Subcommittee, alongside the use or yielding back of time, the That is why I support the new De- Senator MCCAIN, the ranking member. Senate proceed to a vote on the fense bill for fiscal year 2014. It in- Working together, our subcommittee Mayorkas nomination; further, that cludes over 30 provisions to address focused on the needs of the Navy, Ma- the Senate then proceed to a cloture sexual assault. It strengthens the jus- rine Corps, and strategic mobility vote on Executive Calendar No. 459, tice system. It provides counsel and forces. We put particular emphasis on John Koskinen, the Internal Revenue support for victims. Most importantly, supporting marine and naval forces en- Service, as under the regular order; it provides a serious deterrent for those gaged in combat operations, improving that if cloture is invoked, all who dare take advantage of our most efficiencies, and applying the savings postcloture time be yielded back and patriotic Americans. to higher priority programs. Specifi- the Senate proceed to a vote on con- For 25 years, I have fought to resolve cally, the bill includes the required firmation; further, that the Senate this issue. I thank those who have funding for two Virginia-class sub- then proceed to a cloture vote on Exec- stood beside me, including, most re- marines and provides an additional $100 utive Calendar No. 382, Brian Davis, to cently a bipartisan alliance of women million to support buying the 10th be a Federal district judge, as under Senators. We have made some progress, DDG–51 under the current multiyear the regular order, and that if cloture is but we still have far to go. procurement program. The bill also ap- invoked, all postcloture time be yield- There are 26,000 reasons why we rise proves the funding for other major pro- ed back and the Senate proceed to a today. Twenty six thousand sexual as- grams, including the DDG–1000 de- vote on confirmation; the motions to saults have occurred in our U.S. mili- stroyer, the Aircraft Carrier Replace- reconsider be considered made and laid tary this year. Many of these acts of ment Program, the Littoral Combat upon the table; that the President be violence are unreported, unprosecuted, Ship, LCS, and the P–8 maritime patrol immediately notified of the Senate’s and unpunished. We cannot let this aircraft. I am particularly pleased action; further, that the Senate then continue, not on our watch. about the funding for the Virginia- proceed to the cloture vote on Execu- It is our moral duty to speak for the class submarines and the DDG–1000, tive Calendar No. 452, Janet Yellen, voiceless, to vouch for the powerless, which so many Rhode Islanders help to Federal Reserve, as under the regular to fight for the helpless. The men and build. order, and if cloture is invoked on the women of our military may know how Working together with Senator Yellen nomination, all postcloture to wage war, but they should have to MCCAIN, this bill increases account- time be yielded back and the Senate battle through redtape when it comes ability for taxpayers’ dollars spent on proceed to a vote on confirmation on to their pursuit of justice. several major Navy programs. For ex- Monday, January 6, at a time to be de- Mr. REED. Mr. President, I rise ample, the bill includes language to in- termined by the majority leader, in today in support of the National De- crease the CVN–78 cost cap, while ex- consultation with the Republican lead- fense Authorization Act for Fiscal Year cluding certain urgent and unforeseen er; further, that cloture on Executive 2014. I commend the work of my col- testing costs from that cap. In addi- Calendar Nos. 455, 445, 371, 457, 356, and leagues on the Armed Services Com- tion, we require quarterly reports on 189 be withdrawn; further, that fol- mittee, especially the chairman, Sen- the program manager’s estimate for lowing the cloture vote on the

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.026 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9042 CONGRESSIONAL RECORD — SENATE December 19, 2013 Mayorkas nomination, the Senate pro- authorize VAWA with a strong bipar- TVPRA. It continued on a number of ceed to a period of morning business tisan vote. This bill, which I drafted other smaller, yet nonetheless impor- for debate only, with Senators per- with Senator MIKE CRAPO, a conserv- tant, pieces of legislation. mitted to speak for up to 10 minutes ative Republican from Idaho, proved As chairman of the Senate Judiciary each. that when we put people before politics Committee and the Appropriations The PRESIDING OFFICER (Mr. there is much we can accomplish. Our Committee’s Subcommittee on State HEINRICH). Is there objection? bill was written with the input of sur- Department and Foreign Operations, I Without objection, it is so ordered. vivors and the advocates who work worked with Senators SHAHEEN and Mr. REID. Mr. President, for the in- with them every day, law enforcement MCCAIN to obtain a continuation of the formation of all Senators, there will be personnel, judges, and State and local Iraqi Special Immigrant Visa, SIV, two rollcall votes tonight at 11:15 p.m. leaders. It was drafted to meet the real Program, H.R. 3233. Congress created on the motion to concur in the House needs of real victims. Although it faced the program in 2008 to afford some of message to accompany H.R. 3304, the early resistance, none of the common- the tens of thousands of Iraqis who National Defense Authorization Act, sense changes it included should have served alongside U.S. troops the oppor- and cloture on the Mayorkas nomina- been controversial. Eventually, the tunity to seek safety and a new begin- tion. If cloture is invoked there will be House listened to the experts in the ning in the United States. It was set to a series of six rollcall votes tomorrow field and followed the Senate’s example expire at the end of October despite the beginning at about 10 a.m. and passed this inclusive, lifesaving fact that after 5 years fewer than 6,000 f legislation. At a time when we face of the 25,000 available visas had been gridlock and stonewalling on even the distributed to those Iraqis who risked MORNING BUSINESS most compelling issues, I was heart- their lives to be our translators and Mr. REID. Mr. President, I ask unan- ened to see that we could find a way to our guides. They were a critical re- imous consent that the Senate proceed cut through all of that to help victims source to our troops, helping them to a period of morning business until 10 of violence. navigate complex cultural, political, p.m. and the Senate then resume legis- I am proud of this new law. As a re- and geographic terrain. Letting the lative session. sult of its passage, for the first time, program expire would have meant leav- The PRESIDING OFFICER. Is there VAWA guarantees that all victims can ing many well-deserving Iraqi allies in objection? receive needed services, regardless of danger and undermining American Without objection, it is so ordered. their sexual orientation or gender iden- credibility for decades to come. f tity. The Leahy-Crapo Violence Although our initial efforts this fall FIRST SESSION OF THE 113TH Against Women Reauthorization Act to include the extension in the con- CONGRESS REFLECTIONS strengthens protections for vulnerable tinuing resolution were blocked, we immigrant victims. It ensures that col- were able to work together to honor Mr. LEAHY. Mr. President, as the leges and universities will do more to our commitment and renew this crit- first session of the 113th Congress protect students from domestic and ical program by passing bipartisan leg- comes to a close, it is appropriate to sexual violence. Our reauthorization islation at the final hour. Among the reflect on some of the accomplish- also took important new steps to com- many lessons of the Vietnam War is ments of the year, while acknowl- bat the appalling epidemic of domestic that we must not abandon those who edging that so much more could have violence on tribal lands and to ensure risked their lives to help us. been done had Republicans in both the that no perpetrators of this terrible Over the summer, I also worked with Senate and the House cooperated. We crime are above the law. I was happy to Representatives KLINE and MILLER on have passed some commonsense, good- work with Representative TOM COLE, a the House Education and Workforce government legislation. As chairman of Republican from Oklahoma, to pre- Committee, and with Ranking Member the Senate Judiciary Committee, I am serve this provision in our bill. I thank GRASSLEY to pass the Missing Chil- proud of the work of the Senate Judici- him for his leadership. dren’s Assistance Reauthorization Act ary Committee this year. While there To help support the important work of 2013, H.R. 3092. This important meas- remains much work to be done, these of Vermont’s domestic and sexual vio- ure ensures that the National Center accomplishments illustrate what we as lence advocates, I included all-State for Missing and Exploited Children, a Congress are capable of when we set minimum funding allocations in the NCMEC, can continue its critical and aside partisan politics and put the good VAWA reauthorization, and amended lifesaving work on behalf of some of of the American people first. the definition of rural State to ensure the most vulnerable children in our My first legislative priority at the that Vermont continues to be eligible communities. Congress has now re- beginning of this Congress was to com- for grants under the Rural Grant Pro- newed its obligation to support vital plete our work to improve and reinvig- gram, despite the increased population efforts to locate missing children and orate the Violence Against Women Act, in Chittenden County. So far in 2013, to protect all children from being vic- VAWA. Vermont has been a national Vermont has received $4.5 million in timized by predators. leader in addressing domestic and sex- VAWA grants for victim services and The National Center for Missing and ual violence. In Vermont, VAWA fund- violence prevention. Exploited Children was first launched ing has helped the National Network The bill that the President signed nearly three decades ago. In that time, Against Domestic and Sexual Violence also included the Trafficking Victims NCMEC has helped law enforcement in provide services for more than 7,000 Protection Reauthorization Act, the recovery of more than 188,000 miss- adults and nearly 1,400 children in 2011 TVPRA, which strengthens effective ing children through the use of a 24- alone. The Burlington-based Women programs to help us take on the hour hotline, a national child pornog- Helping Battered Women and scourge of human trafficking, both raphy tipline, and a cyber tipline, as Middlebury-based WomenSafe have here at home and around the world. It well as the circulation of millions of supported thousands of children and is unacceptable that 150 years after the photographs used to help track and adults by offering emergency shelter, Emancipation Proclamation, the evils identify missing children. The bill transitional housing, counseling, and of sex trafficking and labor trafficking, passed by Congress in September ex- legal assistance. These dedicated serv- forms of modern-day slavery, still tends the program another five years. ice providers help victims recover from exist. It has been needlessly difficult, The U.S. Parole Commission is an unspeakable trauma and abuse, but the but I am glad that the Senate adopted important public safety entity respon- need for VAWA remains. Three women my amendment to add the Trafficking sible for granting or denying parole for are killed every day by abusive hus- Victims Protection Act to our Violence Federal and District of Columbia pris- bands or boyfriends. In Vermont, 51 Against Women Reauthorization Act to oners sentenced before parole was abol- percent of all homicides are related to address the horrors of human traf- ished. It also has jurisdiction over domestic violence. After months of ficking. more recent DC offenders who are on work, the Senate came together in the My work across party lines did not supervised release from prison. The best tradition of the institution to re- end with passage of VAWA and Commission’s charter was set to expire

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.098 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9043 in October, and what should have been As the elected representatives of the Vermont home. It contains improve- a straightforward and noncontroversial American people, we bear a special re- ments to the H–2B Program to help extension, turned into a drawn-out sponsibility to find ways to work to- small businesses. And it contains a struggle to override the objections of a gether to find real solutions to our Na- measure to ensure that the job-cre- single Republican Senator. Those ob- tion’s problems. Yet Congress is ating EB–5 Program will be made per- jections meant that passage was only gripped by the paralysis of partisan manent so that the State of Vermont secured on the eve of the Commission’s politics. We are not the first Congress can continue the great work that is expiration, unnecessarily placing pub- to face a divided government where Re- being done with it to improve Vermont lic safety at risk. publicans control one House and Demo- communities. This is a bill that will The objection was particularly trou- crats the other. For example, during help Vermont families and businesses bling given that Congress has consist- the 99th Congress, when the Repub- alike. ently recognized the importance of the licans controlled the Senate and the The immigration reform legislation Commission, reauthorizing it on six Democrats the House, Congress passed was cosponsored by four Senate Repub- prior occasions. Beginning in August, I 687 bills, which were enacted into law. licans and marked the first time in 7 worked closely with members of the It is disappointing how our progress years that the Senate was able to pass House Judiciary Committee to find bi- pales in comparison. To match that a bipartisan comprehensive immigra- partisan, bicameral agreement. They level of productivity this Congress, we tion reform bill. There are some provi- understood the urgency and con- would have to pass over 600 bills next sions in this bill I am not comfortable sequences of inaction and passed the year. If we stay on track, we will have with, and there are provisions that I U.S. Parole Commission Extension Act accomplished 81 percent less legisla- believe are noticeably absent. However, of 2013 in September, H.R. 3190. Unfor- tively than the divided 99th Congress. we came together as a Chamber to pass tunately, that same sense of urgency To be clear, we have passed into law 19 the best possible bill in the spirit of was not felt in the Senate and opposi- percent of what the 99th Congress was compromise and an effort to make last- tion delayed passage until the final able pass. That is not a shining record ing, positive change. Unfortunately deadline. Although reason ultimately of accomplishment, and we can and that progress was stalled by the House prevailed, unnecessary partisan opposi- should do better. Republican leadership, which has tion cost us time and threatened public It is my hope that both parties can inexplicably vowed not to allow a vote safety. It is not the way to legislate. set aside petty politics and get down to I also worked to clear a straight- on the Senate’s bipartisan legislation. business for the American people. We forward extension of the Supreme When the Speaker of the House says do not agree on everything, but just as Court Police’s authority to protect as he did last week that the Senate the Senate found common ground ear- Justices, their staff, and official guests should pass more bills, I respond by lier this year on historic legislation to when they are away from Supreme challenging the leadership of the House reform our broken immigration sys- Court grounds, H.R. 2922. I worked with of Representatives to take up bipar- tem, we must find a way to work to- my counterparts in the House for tisan Senate-passed bills. The list of gether. The status quo is unacceptable months to move this extension. Last such bills that have been stalled by the month, the House voted by an over- and serves a small and extreme minor- obstructionism of House Republicans whelming majority of 399 to 3 to pass ity, not the common interests of a ma- continues to grow. this bipartisan bill, which extends this jority of Americans. Let’s make the Senator GRASSLEY and I worked hard important authority through 2019. Con- sacrifices and compromises necessary as chair and ranking member of the gress has provided this authority since to push forward legislation that im- Senate Judiciary Committee to draft a the 1980s to ensure the continued safe- proves our economy and the lives of bipartisan bill to protect whistle- ty of our Supreme Court Justices and our constituents. blowers. This legislation, which is iden- Look no further for such an oppor- their employees. Threats to the safety tical to our legislation from last Con- of Supreme Court Justices are a threat tunity than the Border Security, Eco- gress, will provide important protec- to our democracy. In light of recent at- nomic Opportunity, and Immigration tions to employees who come forward tacks on Justices off the grounds of the Modernization Act, a bill a bipartisan and disclose to law enforcement price Supreme Court, it was all the more im- group of Senators supported and that fixing and other criminal antitrust be- perative that we pass this extension the House has failed to consider. havior that harm consumers. This leg- This comprehensive bill contains without delay. islation is a continuation of the long Most recently, I worked with Sen- measures that are important to many partnership that I have had with Sen- Vermonters and to the Nation. I added ators MORAN and KING to move forward ator GRASSLEY on whistleblower issues. the Veterinary Medicine Mobility Act. a provision that takes an important Congress should encourage employees This legislation, which will enable vet- step toward restoring privacy rights to with information about criminal anti- erinarians to cross State lines to treat millions of people who live near the trust activity, such as price fixing, to animals, particularly livestock, when northern border by injecting some report that information by offering the need arises, will dramatically im- oversight into the decisionmaking meaningful protection to those who prove the ability of veterinarians to do process for operating Federal check- blow the whistle rather than leaving their jobs effectively. I have heard points and entering private land with- them vulnerable to reprisals. Through- from many Vermonters about just how out a warrant far from the border. The out our history, whistleblowers have important this legislation is to them. bill contains significant measures to been instrumental in alerting the pub- The bill was referred to the Judiciary assist dairy farmers and other Vermont lic, Congress, and law enforcement to Committee, and in my role as chair- growers who have long relied on for- wrongdoing in a variety of areas. These man, I moved to discharge it from com- eign workers and who will need them individuals take risks in stepping for- mittee so that it could progress to the in the future. It contains a youth jobs ward, and many times their actions re- full Senate as quickly as possible. I am program proposed by Senator SANDERS sult in important reforms and have optimistic that it will pass the full to help young people gain employment. even saved lives. Senate yet this year. It contains a measure I proposed to The legislation is based on rec- Unfortunately, the passage and en- make sure that no Canadian citizen ommendations from the Government actment of bipartisan legislation has traveling to Vermont to see a family Accountability Office, which inter- become more the exception than the member will be charged a fee for cross- viewed key stakeholders in the anti- rule. If this unprecedented obstruction ing our shared border. It contains an trust community and found widespread continues, we will end up passing 46 improvement to the visas used by non- support for antiretaliatory protection percent fewer laws than we did last profit arts organizations like the in criminal antitrust cases. The provi- year. That is 46 percent less progress Vermont Symphony Orchestra who in- sions in this bill are modeled on the made for the American people and the vite talented foreign artists to perform whistleblower protections that Senator Nation. It is therefore not surprising in America. It contains measures to GRASSLEY and I authored as part of the that the American public holds the improve the lives and futures of refu- Sarbanes-Oxley Act and are narrowly Congress in such low esteem. gees and asylum seekers who call tailored to ensure that whistleblowers

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.092 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9044 CONGRESSIONAL RECORD — SENATE December 19, 2013 are not provided with an economic in- purchase of lifesaving bulletproof sector stakeholders, including the De- centive to bring forth false claims. vests. Since that time, over 13,000 juris- partments of Justice, Commerce, and Antitrust laws protect consumers dictions have participated in this pro- State, local law enforcement, and and serve to promote our free enter- gram and more than 1,084,081 vests members of the technology and privacy prise system. Our bipartisan bill will have been distributed to law enforce- communities. I remain disappointed help to ensure that criminal violations ment because of this partnership. that a single Republican Senator has of these laws do not go unreported. I Last year, Chief Michael Schirling of objected to the unanimous consent re- urge the House to act quickly to pass the Burlington Police Department in quest to pass this bipartisan bill, which this important bipartisan legislation. Vermont testified before the Judiciary overwhelmingly passed the Judiciary Last month, the Senate passed the Committee on the importance of the Committee. bipartisan Employment Non-Discrimi- bulletproof vest partnership to law en- The privacy reforms in this bill are nation Act of 2013. That vote was 20 forcement in Vermont and across the too important to delay. Like Senator years in the making, and it was long country. This year alone, 31 Vermont LEE and me, all of the bill’s supporters overdue for Congress to extend these jurisdictions received a total over understand that protecting our digital protections to all American workers. $73,000 to aid in the procurement of 271 privacy rights is not a democratic Years from now we will look back on bulletproof vests. That is 271 more ideal, nor a Republican ideal, but an this remedy as another historic mile- Vermont law enforcement officers who American ideal that all of us should stone on our Nation’s path toward will have a better chance of survival if embrace. I hope that all Senators will more perfect union—a quest to realize they are shot in the line of duty. join me in supporting the Electronic more completely the motto engraved A few of my friends on the other side Communications Privacy Act Amend- in Vermont marble above the Supreme of the aisle argue that it is not the ments Act and that the Senate will Court building that declares ‘‘Equal place or function of the Federal Gov- pass this bill without delay. Justice Under Law.’’ ernment to spend Federal dollars on Earlier this year, during consider- All Americans deserve civil rights first responders in communities across ation of legislation to prevent gun vio- protections under our Constitution, the country. I urge them to put the lence, the committee passed a bipar- which, in addition to the First Amend- safety of our most dedicated law en- tisan bill to help curb the straw pur- ment, also ensure due process and forcement officers and first responders chasing of firearms and the interstate equal protection. In previous legisla- over politics and ideology. Law en- trafficking of firearms. Senator COL- tive debates like the one before us forcement officers risk their lives LINS, who shares my goal of giving law today, Congress has protected and bol- every day to ensure our safety, and I enforcement officials better tools to combat the straw purchasing and fire- stered these rights by passing legisla- believe it is our duty to support them. arms trafficking that puts guns into tion to fill gaps in our Federal laws. Based on data collected by the Depart- the hands of drug cartels and other This includes passing legislation to ment of Justice, in just 2012, bullet- criminals, joined me in this effort. proof vests saved the lives of at least 33 protect the practice of religion without There is no doubt that straw pur- law enforcement officers in 20 States, discrimination, to prevent pay dis- chasing and gun trafficking contrib- crimination based on sex, and to serve which is an increase of almost 14 per- utes significantly to the proliferation openly in the military. By passing the cent over 2011 levels. of guns in our communities across The obstruction of this program’s re- Employment Non-Discrimination Act, America and also across the southern authorization should end. I hope those the Senate took another significant border in Mexico. Under current law, who are determined to continue their step forward in removing discrimina- there is no criminal statute specifi- opposition will explain those objection from our laws and ensuring the cally prohibiting straw purchasing. To tions to law enforcement officers equal treatment of lesbian, gay, bisex- convict criminals, prosecutors must across the country who put their lives ual, and transgender Americans. I urge rely on laws that prohibit an individual the House to advance this remedy to at risk day in and day out. Congress from making false statements in con- injustice, which is already the law in 29 has consistently pursued policies that nection with the purchase of a firearm. States. support our State and local law en- The penalties for such ‘‘paperwork vio- Similarly, I urge all Senators to forcement officers and first responders. lations’’ are often too low or do not allow passage of several common sense They are the frontlines of our national serve as effective tools for law enforce- bills that were reported by the Senate defense and indispensable to their comment to put criminals behind bars. My Judiciary Committee and which enjoy munities. I urge all Senators to stand bill would have changed that. strong bipartisan support but remain with America’s law enforcement offi- This bill would have established a stalled due to the ideological objec- cers and support this legislation. new Federal criminal offense for straw tions of one or two Senators. In April, the Judiciary Committee fa- purchasing or conspiring to straw pur- For example, this is now the second vorably reported bipartisan legislation chase a firearm from another person. time in two Congresses that the Judici- that I authored with Republican Sen- My legislation would have also ary Committee has reported the Bullet- ator MIKE LEE to update ECPA and to criminalized smuggling firearms out of proof Vest Partnership Grant Act reau- bring this law fully into the digital the United States and also would thorization with strong bipartisan sup- age. Our bipartisan bill updates ECPA strengthen existing law regarding the port. In the 111th Congress, we held a to require that the government obtain transfer of firearms to prohibited per- hearing to examine a series of rec- a search warrant—based upon probable sons. This legislation was strongly sup- ommendations from the Government cause—before obtaining the content of ported by law enforcement groups from Accountability Office. I worked with our emails and other electronic com- across the country. I was greatly dis- Senator GRASSLEY to incorporate many munications. The commonsense reappointed when this legislation did not of those recommendations into the reforms in our bill carefully balance the receive the votes to pass the Senate, authorization. Yet our progress is interests and needs of consumers, the including from a Senator who had needlessly stalled. law enforcement community, and our voted in favor of it in the Committee. Statistics show that the Bulletproof Nation’s thriving technology sector. Despite the best efforts by Senator Vest Partnership Program has been The bill enjoys the support of a diverse COLLINS and me to find consensus with saving lives for years. The Judiciary coalition of more than 100 privacy, stakeholders and senators, too few Re- Committee most recently reported this civil liberties, civil rights, and tech- publicans were willing to join our im- legislation on a bipartisan vote in Au- nology organizations from across the portant effort to meaningfully combat gust, and it has since been approved by political spectrum, including the the serious public safety risks that all Democratic Senators but remains American-Civil Liberties Union, the straw purchasing and firearms traf- stalled on the Republican side. Over 15 Heritage Foundation, the Center for ficking pose. years ago, I worked with Senator Ben Democracy and Technology and Ameri- The committee also passed several Nighthorse-Campbell to create this cans for Tax Reform. The bill is also bills to prevent gun violence and pro- partnership to support State and local the product of careful consultation tect law enforcement officers, includ- law enforcement jurisdictions in the with many Government and private ing Senator BOXER’s bipartisan School

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.092 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9045 and Campus Safety Enhancements Act Committee’s jurisdiction. It is my hope over their head each night. While orga- of 2013, Senator FRANKEN’s bipartisan that we will be able to work in a bipar- nizations like the Spectrum Youth and Justice and Mental Health Collabora- tisan way to address issues like abusive Family Services and the Vermont Coa- tion, and Senator CARDIN’s bipartisan conduct by patent trolls who are tar- lition for Runaway and Homeless National Blue Alert Act. Each of these geting small businesses. I have heard Youth do their best to provide emer- bills was carefully crafted and enjoy bi- from a growing number of main street gency shelter, services, and housing for partisan support. I urge the Senate to businesses in Vermont and across the youth who are homeless or marginally consider these important legislative country that have received aggressive housed, the need far outweighs their proposals early in the next session. demand letters and been threatened capacity. Next year I plan to introduce In early November, the Judiciary with lawsuits when they are simply the legislation to reauthorize the Runaway Committee reported by an over- innocent user of an allegedly infringing and Homeless Youth Act, RHYA, which whelming bipartisan majority the product. I have introduced bipartisan expired at the end of September. RHYA Leahy-Cornyn Justice for All Reau- legislation with Senator LEE to tackle funds outreach services and helps pro- thorization Act which would reauthor- this problem, and I look forward to the vide shelter for children and young ize legislation first passed in 2004, when Judiciary Committee’s continued focus adults who find themselves homeless. I the House and Senate had Republican on this important issue next year. look forward to reauthorizing and im- majorities, and it was signed into law In the wake of this past June’s Su- proving vital RHYA grant programs to by President George W. Bush. The Jus- preme Court decision striking down the help children in our most vulnerable tice for All Reauthorization Act coverage formula for Section 5 of the communities. This reauthorization will strengthens and reauthorizes key pro- Voting Rights Act, I have been work- also bolster training and resources to grams to make the criminal justice ing with Congressman SENSENBRENNER ensure our grantees are well equipped system work better and more fairly. and other House Democrats to intro- to meet the needs of young victims. And it does so in a fiscally responsible duce a bipartisan and bicameral re- In addition to our legislative work, way, reducing overall authorizations sponse to the Court’s ruling and to re- the Judiciary Committee will also con- by nearly 25 percent. This is a strong store this vital protection to the Vot- tinue its work to consider judicial and example of what we can accomplish ing Rights Act, and will continue to executive nominations. During this when we work together. push for this legislation next year. past year, unfortunately, the same ob- Whether it is on the complex issues Finally, I will remain focused on a struction that plagued the Senate dur- of protecting victims of domestic vio- number of important criminal justice ing the first-term of the Obama admin- lence or in crafting a comprehensive issues, with sentencing reform legisla- istration continued to delay the rate of immigration reform bill, we have dem- tion as a top priority. As a former pros- confirmations to appointments on the onstrated that we can work across the ecutor, I understand that criminals Federal bench and the Executive aisle to develop and pass practical leg- must be held accountable, and that Branch. islative solutions. Just recently, in long sentences are sometimes nec- The 113th Congress began with a high fact, we saw similar progress made by essary to keep violent criminals off the level of vacancies on the Federal judi- Senator MURRAY and Congressman street and deter those who would com- ciary. As of January 2013, there were 77 RYAN as they put aside their consider- mit violent crime. I have come to be- vacancies in the Federal judiciary, and ably different views to formulate a lieve, however, that mandatory min- of these, the Administrative Office of budget deal. Likewise, the House and imum sentences do more harm than the U.S. Courts determined 27 to be Senate are in the process of confer- good. I chaired a hearing on reevalu- ‘‘judicial emergencies.’’ Over 2013, the encing a farm bill that we hope will be ating the effectiveness of federal man- number of vacancies steadily climbed satisfactory to all parties. I hope that datory minimum sentences on Sep- to around 90. While we were able to we can continue this trend of bipar- tember 18, 2013, and have been working confirm a total of 46 judicial nominees tisan cooperation as we consider legis- with both Democrats and Republicans this year, including 11 circuit court lation in the coming year, as there are on sentencing reform proposals. and 31 district court nominees, we were tremendously important bills to be In the coming year, I also plan to re- unable to keep pace with new vacan- considered. introduce my forensics reform bill, and cies. By December of this year, there For example, the Committee will will also take up the Second Chance were a total of 88 judicial vacancies, 35 continue its work on surveillance over- Reauthorization Act, which I was of which are judicial emergency vacan- sight and reform. For decades I have proud to reintroduce earlier this year cies. In stark contrast, at the end of consistently fought to curtail the along with Senator PORTMAN. Since its the fifth year of the Bush administra- sweeping powers contained in the USA enactment in 2008, the Second Chance tion, there were only 49 judicial vacan- PATRIOT Act and FISA Amendments Act has reduced prison costs and im- cies, including 16 judicial emergency Act, while also bolstering privacy pro- proved public safety by giving Federal, vacancies. tections and strengthening oversight. State, and local governments addi- This year, the Senate voted to con- With the recent revelations of sweeping tional tools to help inmates more suc- firm two high-level nominees to key government surveillance programs that cessfully reintegrate into their com- law enforcement positions at the U.S. threaten personal privacy and threaten munities upon release and avoid re-of- Department of Justice: James Comey, the economic health of American tech- fending. Offenders can escape the cycle Jr. to be the Director of the Federal nology companies, we are at a water- of recidivism when they have the job Bureau of Investigation; and B. Todd shed moment in this important debate. training and skills necessary to suc- Jones to be the Director of the Bureau That is why I joined with Congressman cessfully reenter society. So far in 2013, of Alcohol, Tobacco, Firearms, and Ex- SENSENBRENNER in October to intro- the Vermont Department of Correc- plosives. It was unfortunate that the duce the USA FREEDOM Act, a bill to tions has received over $800,000 to im- majority leader was required to file end the dragnet collection of Ameri- plement a two-phase adult reentry cloture on both of these nominations cans’ phone records and recalibrate the demonstration program and a com- before we could get to a confirmation government’s surveillance authorities. prehensive statewide adult recidivism vote. In stark contrast with the treat- All three branches of government have reeducation planning program. The re- ment of previous FBI Director nomi- now called into serious question the ef- authorization bill improves and con- nees, who were all confirmed by the fectiveness of these authorities. I will solidates the programs authorized by full Senate within a day or two of continue pressing the administration the Second Chance Act and reauthor- being reported by the Judiciary Com- to rein in these powers and work with izes the bill through 2018. The reau- mittee, James Comey is the first FBI Democrats and Republicans to pass the thorization bill improves and consoli- Director nominee in Senate history to meaningful reforms that are in the dates the programs authorized by the be filibustered. He was ultimately con- USA FREEDOM Act. Second Chance Act, and reauthorizes firmed overwhelmingly by a vote of 93 Regarding the problem of patent the bill through 2018. to 1. Two days later, the Senate con- trolls, we have significant work to do There are far too many young firmed B. Todd Jones by a vote of 53 to on several issues under the Judiciary Vermonters who do not have a roof 42, making him the first confirmed

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.092 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9046 CONGRESSIONAL RECORD — SENATE December 19, 2013 head of the ATF since that position be- important history and culture the photographer and creative director headed came Senate-confirmable in 2006. granite industry brought to Vermont. into Barre to see what they might find at the The consideration of nominations is The recognition that the Timberland Vermont Granite Museum and the Vermont one of the most important functions of Boot Company gave to Rock of Ages is History Center. the Judiciary Committee. I am hopeful What they found, Pittsley surmised, was a well deserved. story ready to be told. that we will not see the same sort of I ask that an article printed in The ‘‘I think they were just overwhelmed with obstructionism and dilatory tactics Barre-Montpelier Times Argus on No- how much information there was,’’ she said. that we encountered during 2013. vember 26, 2013, ‘‘Marketers find Barre Though they can be purchased online, the In the coming year, we must redouble history just the right fit,’’ be printed boots said to be inspired by the people and our efforts to work past our differences in the CONGRESSIONAL RECORD. the industry that put Barre on the map are to find bipartisan, commonsense solu- There being no objection, the mate- available at only two Vermont locations, actions to our Nation’s problems; I know rial was ordered to be printed in the cording to the website: Maven on Cherry that that is what Vermonters expect of Street in Burlington and Manchester Foot- RECORD, as follows: wear on Main Street in Manchester. me. We have seen so far in this Con- [From the Barre-Montpelier Times Argus, gress an unprecedented level of grid- Nov. 26, 2013] f lock, partisanship, and political MARKETERS FIND BARRE HISTORY JUST THE DETROIT DIESEL brinksmanship, which culminated in a RIGHT FIT costly and unnecessary Republican Mr. LEVIN. Mr. President, 2013 If you don’t think the local granite indus- government shutdown in October. We try has a story still worth telling, try selling marks a significant milestone for a dy- can and must do better, and I hope that that to the folks at The Timberland Boot namic company based in Detroit, MI. It we can put the obstructionism of this Co., who turned what was supposed to be a is the 75th anniversary of the founding past year behind us. The American peo- routine photo shoot at Rock of Ages last of Detroit Diesel. Detroit enjoys a rich ple expect and deserve better. We owe year into a multimedia campaign that is automotive heritage and has been a it to our constituents to work together very Barre. hub of innovation and manufacturing to pass commonsense bipartisan com- ‘‘It’s pretty impressive,’’ Rock of Ages for generations. Many companies promise legislation, and we have al- spokeswoman Amanda Pittsley said of the throughout the State have contributed newly launched digital campaign for ready seen that we can do just that. I Timberland’s high-end heritage collection. to this impressive legacy. One of those look forward to working with my col- ‘‘Originally, they were just looking for a companies is Detroit Diesel, and I am leagues on both sides of the aisle to rugged place to go with their new line of proud to recognize this innovative build upon the progress we have made boots,’’ Pittsley recalled. ‘‘They were just company here today. and find meaningful solutions to the hoping to use a panoramic of the top of the Founded in 1938, Detroit Diesel has many challenges we face as a country. quarry as an intro to this ‘mine’ of products emerged as a leader in the heavy-truck as far as their industrial boot.’’ f engine industry and an important con- The photo shoot a year ago turned Quarry tributor to Michigan’s economy. What VERMONT’S GRANITE INDUSTRY Hill into boot hill for a day and a half. ‘‘We literally spent all day carrying around began as a company focused on pro- Mr. LEAHY. Mr. President, I would ducing engines for the Allied Forces in like to take a few moments to talk boots,’’ she recalled of Rock of Ages’ attempt to accommodate a photographer and a cre- World War II has expanded through the about a unique Vermont asset that re- ative director interested in making the most years to include an array of products cently gained national attention: the out of a texture-rich setting that includes used in a number of sectors. Detroit granite industry. Due largely to its everything from the frequently photo- Diesel has a well-earned reputation for versatility, high quality and immense graphed quarry with its towering derricks to quality, has championed a number of quantity, granite proved integral to rough-cut granite blocks and weathered rail- technological breakthroughs in the road tracks. the early economic development of my manufacturing industry and is a com- home State and continues to play a ‘‘They wanted different textures to show behind the boots,’’ she said. ‘‘We were just mitted community partner. These ac- vital role today. complishments are a tribute to the The people of Barre, VT, have been going to be the granite backdrop.’’ Or so Pittsley thought until she recently many hard-working people that make mining granite since the 1800s, when it visited http://abington.timberland.com and their success possible year after year. was learned that the unusually high learned the photo shoot had ‘‘morphed into And I have witnessed firsthand some of quality of the stone found in the town’s an entire product line’’ that makes up the cutting edge technologies Detroit hillsides was in high demand. This dis- Timberland’s latest Abington Collection—a Diesel has pioneered. covery had local and global implica- nod to the company’s first incarnation as Demand Performance is Detroit Die- tions. Granite from the Rock of Ages The Abington Shoe Co. quarry in Barre was supplied to help ‘‘The Abington Fall ’13 Collection was in- sel’s hallmark, and they have achieved construct columns in the Vermont fluenced by the people of Barre, Vt., and a this in their product development and State House that still stand today. Ad- 150 year old granite industry that trans- in the community. With a workforce of formed the tiny New England town into an ditionally, the art of stone carving more than 2,000 in the city of Detroit, international destination for commerce and Detroit Diesel is a wonderful example that the granite industry created at- art.’’ tracted skilled immigrants to Vermont of what is possible through cooperation So says the slick website, which announces and economic opportunities. This is from throughout Europe and Canada. a product line that features several styles of In fact, both my grandfathers were boots and a shoe ‘‘designed with the Italian evident in the announcement last fall stone carvers in Vermont. sculptor in mind.’’ of a $120 million capital investment by With its museum, tours, and even a The site features a collection of historic Detroit Diesel. This investment brings sandblasting experience, the Rock of Barre photographs to go along with the mar- greater hope and new possibilities for Ages quarry has expanded its offerings keting shots that were taken last year, a the company and the city. It is also to serve as an educational and histor- couple of timelines, and a few video cameos evident in their commitment to the featuring Italian-born granite sculptor ical site, attracting visitors from community through their many chari- Giuliano Cecchinelli. table activities focused on helping fam- around the world. Recently, the ‘‘Shop the collection that Barre inspired,’’ Timberland Boot Company visited the it concludes. ilies, protecting and improving the en- quarry for a photo shoot. They became Pittsley was impressed. vironment, and assisting various edu- so enamored by the community and its ‘‘You would have thought we went to cational endeavors. people that they ended up highlighting them,’’ she said. During its 75 years of existence, De- the area in a new line of footwear, not- According to Pittsley, it isn’t unusual for troit Diesel has made a significant con- ing that it was influenced by ‘‘a 150- Rock of Ages to field photo requests from tribution to Michigan’s economy. As a year-old granite industry that trans- fashion editors and companies like Lenovo lifelong Detroit resident, I am keenly interested in using the quarry as a backdrop, aware of how business development formed the tiny New England town but the company rarely gets to see the end into an international destination for result. helps to create and sustain jobs, to sta- commerce and art.’’ ‘‘We’re just a site,’’ she said. bilize neighborhoods and to build the I am very proud of the people of Pittsley said she never imagined the sort middle class. I commend Detroit Diesel Barre for embracing and preserving the of spread Timberland came up with when the for their entrepreneurial spirit and for

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.092 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9047 their high quality products. I wish overcome numerous devastating dis- ADDITIONAL STATEMENTS them the best as they continue to forge eases and conditions. I look forward to ahead, create jobs and innovate. working with my colleagues to ensure f the timely and effective implementa- REMEMBERING WILLIAM NATIONAL PEDIATRIC RESEARCH tion of this law, and I will continue to SCRANTON NETWORK ACT fight for the health and well-being of ∑ Mr. CASEY. Mr. President, today I our children. Mr. WICKER. Mr. President, I wish wish to remember and honor former to celebrate the passage of the Na- Pennsylvania Governor William W. f tional Pediatric Research Network Scranton who passed away July 28, Act, a bipartisan piece of legislation 2013. In both his public and his private that was signed into law last month. REMEMBERING U.S. ARMY life, Governor Scranton was always I wish to thank my colleague, Sen- SPECIALIST DANIEL ECKSTEIN working to serve Pennsylvania and the Nation. ator SHERROD BROWN, for his leadership Mrs. SHAHEEN. Mr. President, I rise on this issue. I was pleased to work Bill Scranton was a descendent of with a heavy heart to memorialize the with him on this important initiative colonists who came over on the promising life and service of U.S. Army in the previous two Congresses. Mayflower and his family founded The National Pediatric Research Net- SPC Daniel Eckstein, who died on De- Scranton, PA. He served in the Army work Act expands and enhances our cember 10 at the young age of 22. Spe- Air Corps during World War II and was Nation’s commitment to pediatric re- cialist Eckstein was a member of the an assistant to Secretaries of State search by providing the infrastructure 3rd Special Forces Group, serving as an John Foster Dulles and Christian Her- that is needed to advance the field for unmanned aerial vehicle mechanic at ter during the Eisenhower administra- decades to come. To do so, the law in- Fort Bragg in North Carolina. tion. cludes training and support for early- Daniel was born in Lowell, MA on In 1960, Bill was elected to Congress career investigators and authorizes the January 5, 1991, to Hans and Sharon and was dubbed a ‘‘Kennedy Repub- National Institutes of Health to select (Green) Eckstein, and spent the first 6 lican’’ for his support of the Presi- a number of competitive pediatric re- years of his life there. In 1997, Daniel dent’s programs, including the Peace search consortia. Each consortium, moved to Nashua, NH, where he re- Corps, urban renewal projects and the comprised of multiple institutions, will mained for his formative years until minimum wage. He would only serve 2 years in the House of Representatives, focus on specific, high-impact pediatric his graduation from Nashua High before he was elected Governor of research, including basic, School North as a member of the class Pennsylvania in 1962. translational, and clinical investiga- of 2009. During high school, Daniel ea- As Governor, he signed into law leg- tions. gerly competed as a member of the In addition, the law specifically islation creating the State community Nashua North Titans baseball team. He states that a subset of the consortia college system, the State Board of Edu- was also a passionate New England Pa- must focus primarily on pediatric rare cation, and the Pennsylvania Higher triots and Boston sports fan. diseases. Participating institutions are Education Assistance Agency, PHEAA. encouraged to coordinate with multi- Daniel enlisted in the Army in 2011, During his four years in office, unem- site clinical trials of pediatric patient and following basic training he went on ployment went down and wages went populations. This will provide needed to successfully complete both Army up. Limited to one term, he left elected support for the families of children suf- Airborne School and the Warrior Lead- office in 1967, but that did not end his fering from rare diseases, such as er Course. A testament to Daniel’s public service. Duchenne muscular dystrophy, the drive for excellence as a soldier, he was Under President Nixon, Governor most common fatal genetic disorder di- awarded the Army Commendation Scranton served as a special envoy to agnosed in childhood, and spinal mus- Medal, the Army Achievement Medal, the Middle East and after the Kent cular atrophy, the leading genetic kill- the Army Good Conduct Medal and the State University shooting in Ohio in er of children under the age of 2. National Defense Service Medal. 1970, President Nixon again called on The National Pediatric Research Net- him to serve, appointing him the work Act’s collaborative approach al- Daniel loved his family, and was a Chairman of the President’s Commis- lows us to rethink and improve the proud father to his young son Brayden. sion on Campus Unrest. President Ford way pediatric research is conducted. It is my hope that during this ex- also reached out to Governor Scranton Shared resources among pediatric in- tremely difficult time, Daniel’s family to serve, appointing him Ambassador stitutions help maximize the govern- and friends will find comfort in know- to the United Nations where he ment’s return on investment and avoid ing that Americans everywhere appre- prioritized human rights. duplication. Rather than allocating ad- ciate deeply his vow to sacrifice his life After leaving the United Nations, ditional funds at the taxpayers’ ex- in the defense of our country so that Bill Scranton retired. Throughout his pense, the law seeks to accelerate the rest of us may continue to live in life he was known as a man of integrity treatments for pediatric diseases by peace and freedom. who said and did what he thought was emphasizing collaboration and the effi- Along with his parents Hans and right. In 2000, he received the Pennsyl- cient use of limited Federal resources. Sharon, Daniel is survived by his wife, vania Historical and Museum Commis- I wish to thank the many families Kristina Eckstein, whom he married on sion’s Founders Award, which is given and organizations in Mississippi and January 9, 2011; his son, Brayden Dan- to a living person who represents the across the country that helped build iel Eckstein; his sister, Amy Eckstein ideals of William Penn in individual the bipartisan support necessary for of North Carolina; his stepfather, Ed- rights, religious tolerance, representa- passage of this bill, including Chil- ward McLaughlin of Lowell, MA; his tive government, public support of edu- dren’s Healthcare of Mississippi, maternal grandmother, Barbara Green cation, and free enterprise. Bill remained devoted to the city that bears FightSMA, Parent Project Muscular of Nashua; his grandparents, Peter and his family name. He worked with var- Dystrophy, the Coalition for Pediatric Elaine Beaton of Nashua; his father-in- Medical Research, Children’s Hospital ious civic and charitable organizations law and mother-in-law, Michael and Association, National Organization for and continued to advocate for eco- Darlene Burton and their daughter Rare Disorders, National Down Syn- nomic development and job creation Summyr of Nashua; also aunts, uncles drome Society, the Federation of Pedi- projects. His son, William W. Scranton and cousins. This patriot will be missed atric Organizations, and the Kakkis III, followed him into public service as by all. EveryLife Foundation. Lieutenant Governor of Pennsylvania Simply put, this law will result in an I ask my colleagues and all Ameri- from 1979 to 1987. improved and coordinated NIH pedi- cans to join me in honoring the life and My thoughts are with his family and atric research investment. This effort service of this brave young American, we thank him for his life of service to will help children across our Nation Daniel Eckstein. our Commonwealth and our country.∑

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.047 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9048 CONGRESSIONAL RECORD — SENATE December 19, 2013 REMEMBERING GEORGE M. University Knights on earning USA athletically. In 2011, the Marian LEADER Cycling’s No. 1 collegiate cycling team Knights played well enough to be one ∑ Mr. CASEY. Mr. President, as this ranking for the 2012–2013 season, as of the final four teams in the NAIA year ends, I wish to remember and well as winning the USA Cycling Colle- championship tournament. In 2012, the honor George M. Leader, a former Gov- giate Division I Track, Cyclo-cross, Knights made it to the championship ernor of Pennsylvania, who passed BMX, and road national championships game, where they won 30–27 victory in away on May 9, 2013. Throughout his during the 2012–2013 season. overtime. life, Governor Leader worked to give Marian University established its cy- Congratulations to former head voice to the voiceless and protect some cling program in 1992. The program is coach Ted Karras, Jr. and his entire of the most vulnerable Pennsylvanians. committed to competing at the highest coaching staff, athletic director Steve Governor Leader was raised on his level and developing strong character Downing, and all of the student ath- parents’ poultry farm and educated in in each team member through aca- letes on winning the 57th annual NAIA a one room schoolhouse before going on demic and athletic excellence. Since Football National Championship on to study philosophy, economics and po- the inception of its competitive cycling December 13, 2012. In addition, con- litical science at Gettysburg College. program, the Marian University gratulations to university president He served in the Navy during World Knights have won 23 national cham- Daniel J. Elsener, executive vice presi- War II and returned to open a chicken pionship titles in road, cyclo-cross, dent and provost Thomas J. Enneking, hatchery in York County, PA. He got BMX, and track cycling. the Marian University student body, his start in politics serving on the Head coach Dean Peterson and his alumni and friends. York County Democratic Committee staff work tirelessly to promote the On behalf of the citizens of Indiana, I then winning a seat vacated by his fa- university’s goals by bringing team-fo- sincerely congratulate the Marian Uni- ther to the State Senate. In 1954, he de- cused concepts to a sport that tradi- versity Knights on their successful cided to run for Governor and won that tionally emphasizes the individual. The football program, and I wish them con- election becoming, at age 37, the sec- ‘‘Knights on Bikes’’ team includes both tinued success in the future under the ond youngest Governor in Pennsyl- male and female student-athletes who new leadership of head football coach vania. travel together as a team during each Mark Henninger.∑ While in office, Governor Leader en- season and to every national cham- f acted the Industrial Development Au- pionship. In addition, Marian Univer- REMEMBERING CHARLIE ROOS thority in 1956 which provided State fi- sity has an indoor cycling center where nancing in order to attract new and di- even the coldest Midwest winter can- ∑ Mr. UDALL of Colorado. Mr. Presi- verse industries. The program at- not prevent them from regularly train- dent, today I wish to remember an ex- tracted 71 new businesses and created ing together. traordinary journalist and Coloradan, 12,000 new jobs within the first 30 The Marian University cycling team Charlie Roos. Charlie was a journalist months. Governor Leader also cham- works to give back to the local and na- and editorialist for some 60 years at pioned civil rights in all forms. He cre- tional cycling community as well as the Denver Post and the Rocky Moun- ated the Fair Employment Practices the Indianapolis area. Student-cyclists tain News. He was a man of exceptional Council to police employment discrimi- are required to contribute 10 hours character, strong opinions and great nation, and fought for William and each semester to community service. wit—in short, he was a true Westerner. Daisy Meyers’ family when they were They work with the community in a His writing was fair and objective, and threatened for moving into a white variety of ways, including hosting in- he sought to hold all public officials neighborhood. He required Pennsyl- formal riding clinics, cycling for char- accountable, no matter their political vania schools to educate children with ity, and participating in campus volun- affiliations. This made his politics dif- disabilities, which raised the enroll- teer opportunities. ficult to pigeonhole; he favored good ment by 250,000. He created the Penn- Congratulations to head coach Dean governance and public service over par- sylvania Department of Labor and In- Peterson, assistant coach Nate Keck, tisanship. dustry’s Vocational Rehabilitation athletic director Steve Downing, and Charlie grew up in Hiawatha, KS, and Center, which was the first facility in all the student-cyclists on winning the served our country during World War the country that provided rehabilita- USA Cycling Collegiate Division I II. Following the war he went to Kan- tion and job training for people with road, track, and cyclo-cross national sas University and graduated with Phi disabilities. He also established the championships in 2012, and winning the Beta Kappa honors. In 1946, his beloved State Office of Aging and began the in- road, track and cyclo-cross national wife Liza and daughter Mary moved spection of nursing homes. championships again and for the first with him to Denver where Charlie Governor Leader left office in 1959, time the BMX national championship began his journalism career with the but that did not end his service to the in 2013. In addition, congratulations to Denver Post. After many years cov- people of Pennsylvania. He established University president Daniel J. Elsener, ering State and national politics for Leader Health Care Organization and executive vice president and provost the Post, he moved to the Rocky later Country Meadows and Providence Thomas J. Enneking, the Marian Uni- Mountain News where he remained Place Retirement Communities to pro- versity student body, alumni, and until its closing in 2009. At the Rocky, vide high quality retirement services friends. On behalf of the citizens of In- Charlie served multiple roles including for our older citizens. diana, I congratulate the Marian Uni- as a Washington, D.C., correspondent, Hubert Humphrey once said that the versity Knights on the triumph of their political editor and weekly columnist. moral test of government is how it competitive cycling program, and I He continued to write about local and treats those in the dawn of life, those wish them continued success in the fu- national politics on a personal blog in the twilight of life and those in the ture.∑ until his death on August 27 of this shadows of life. Governor Leader not f year. only passed this test, he set a standard He is survived by a daughter, Mary MARIAN UNIVERSITY FOOTBALL for other elected officials to follow. My Roos Catton; sons, Billy and Bob Roos; NATIONAL CHAMPIONSHIP thoughts are with the Leader family grandchildren, Jane Johnson, Megan during this holiday season and we ∑ Mr. DONNELLY. Mr. President, Feltes, Jasmine Hartman and Charlie thank George Leader for his life of today, I wish to congratulate the Mar- Roos; and great grandchildren, Jordan service to our Commonwealth and our ian University Knights on winning the and Mason Johnson; Samantha, Kyle country.∑ 57th Annual National Association of and Asher Hartman; and Joe and f Intercollegiate Athletics, NAIA, Foot- Naomi Roos. ball National Championship in 2012. Charlie was a loyal and devoted hus- MARIAN UNIVERSITY CYCLING Marian University established its band, father, grandfather, and great TEAM football program in 2006 and has since grandfather. He was also a dedicated ∑Mr. DONNELLY. Mr. President, committed itself to competing at the journalist, with a passion for reporting today, I wish to applaud the Marian highest level both academically and and telling the truth to the people of

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.068 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9049 Colorado. Charlie loved politics, and he H.J. Res. 59. Joint resolution making con- ber 18, 2013; to the Committee on Agri- believed in a higher standard for those tinuing appropriations for fiscal year 2014, culture, Nutrition, and Forestry. who hold the public’s trust. His writing and for other purposes. EC–3968. A communication from the Direc- The enrolled bill and joint resolution tor of the Regulatory Management Division, was steeped in the history of Colorado Environmental Protection Agency, transmit- and the Nation, which helped make his were subsequently signed by the Presi- ting, pursuant to law, the report of a rule en- columns touchstones in our political dent pro tempore (Mr. LEAHY). titled ‘‘Indoxacarb; Pesticide Tolerances’’ dialogue. Like many in this country, f (FRL No. 9903–92) received in the Office of he was disappointed in recent years at the President of the Senate on December 18, the vitriol and extremism that has MEASURES READ THE FIRST TIME 2013; to the Committee on Agriculture, Nu- trition, and Forestry. crept into our debates. He bemoaned The following bills were read the first EC–3969. A communication from the Sec- the decline of respectful opposition. time: retary of the Treasury, transmitting, pursu- Colorado lost a wise voice with the S. 1859. A bill to amend the Internal Rev- ant to law, a six-month periodic report on passing of Charlie Roos. Many, includ- enue Code of 1986 to extend certain expiring the national emergency that was declared in ing myself, lost a mentor. But we provisions, and for other purposes. Executive Order 13405 with respect to should use his example to remind our- S. 1881. A bill to expand sanctions imposed Belarus; to the Committee on Banking, selves that the American people de- with respect to Iran and to impose additional Housing, and Urban Affairs. EC–3970. A communication from the Chief serve the best that we can give. Our ac- sanctions with respect to Iran, and for other purposes. Counsel, Federal Emergency Management tions will always be measured against Agency, Department of Homeland Security, the high bar he set. f transmitting, pursuant to law, the report of I ask that my colleagues join me in EXECUTIVE AND OTHER a rule entitled ‘‘Suspension of Community remembering Charlie Roos for his pas- Eligibility’’ ((44 CFR Part 64) (Docket No. COMMUNICATIONS sion for reporting, his political wisdom FEMA–2013–0002)) received in the Office of and his dedication to Colorado. He will The following communications were the President of the Senate on December 18, be missed.∑ laid before the Senate, together with 2013; to the Committee on Banking, Housing, and Urban Affairs. f accompanying papers, reports, and doc- EC–3971. A communication from the Asso- uments, and were referred as indicated: MESSAGE FROM THE PRESIDENT ciate General Counsel for Regulations, Office EC–3962. A communication from the Direc- of Housing-Federal Housing Commissioner, A message from the President of the tor, Issuances Staff, Food Safety and Inspec- Department of Housing and Urban Develop- United States was communicated to tion Service, Department of Agriculture, ment, transmitting, pursuant to law, the re- the Senate by Mr. Pate, one of his sec- transmitting, pursuant to law, the report of port of a rule entitled ‘‘Federal Housing Ad- retaries. a rule entitled ‘‘Prior Label Approval Sys- ministration (FHA) Risk Management Ini- tem: Generic Label Approval’’ (RIN0583– tiatives: New Manual Underwriting Require- f AC59) received in the Office of the President ments’’ (RIN2502–AJ07) received in the Office EXECUTIVE MESSAGE REFERRED of the Senate on December 18, 2013; to the of the President of the Senate on December 19, 2013; to the Committee on Banking, Hous- As in executive session the Presiding Committee on Agriculture, Nutrition, and Forestry. ing, and Urban Affairs. Officer laid before the Senate a mes- EC–3963. A communication from the Direc- EC–3972. A communication from the Asso- sage from the President of the United tor of Regulations and Policy Management ciate General Counsel for Legislation and States submitting a nomination which Staff, Food and Drug Administration, De- Regulations, Office of the Secretary, Depart- was referred to the Committee on the partment of Health and Human Services, ment of Housing and Urban Development, Judiciary. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of (The message received today is print- a rule entitled ‘‘Food Additive Regulations; a rule entitled ‘‘Qualified Mortgage Defini- Incorporation by Reference of the Food tion for HUD Insured and Guaranteed Single ed at the end of the Senate pro- Family Mortgages’’ (RIN2502–AJ18) received ceedings.) Chemicals Codex, 7th Edition’’ (Docket No. FDA–2010–F–0320) received in the Office of in the Office of the President of the Senate f the President of the Senate on December 18, on December 18, 2013; to the Committee on Banking, Housing, and Urban Affairs. MESSAGE FROM THE HOUSE 2013; to the Committee on Agriculture, Nu- trition, and Forestry. EC–3973. A communication from the Asso- ENROLLED BILLS SIGNED EC–3964. A communication from the Direc- ciate General Counsel for Legislation and At 11:25 a.m., a message from the tor of the Regulatory Management Division, Regulations, Office of Housing-Federal Hous- ing Commissioner, Department of Housing House of Representatives, delivered by Environmental Protection Agency, transmit- and Urban Development, transmitting, pur- ting, pursuant to law, the report of a rule en- Mr. Novotny, one of its reading clerks, suant to law, the report of a rule entitled titled ‘‘Pendimethalin; Pesticide Toler- announced that the Speaker pro tem- ‘‘Manufactured Home Construction and Safe- ances’’ (FRL No. 9904–04) received in the Of- pore has signed the following enrolled ty Standards’’ (RIN2502–AI71) received in the fice of the President of the Senate on Decem- bills: Office of the President of the Senate on De- ber 18, 2013; to the Committee on Agri- cember 18, 2013; to the Committee on Bank- H.R. 185. An act to designate the United culture, Nutrition, and Forestry. ing, Housing, and Urban Affairs. States courthouse located at 101 East Pecan EC–3965. A communication from the Direc- Street in Sherman, Texas, as the ‘‘Paul EC–3974. A communication from the Acting tor of the Regulatory Management Division, General Counsel, Federal Energy Regulatory Brown United States Courthouse’’. Environmental Protection Agency, transmit- H.R. 2251. An act to designate the United Commission, transmitting, pursuant to law, ting, pursuant to law, the report of a rule en- States courthouse and Federal building lo- the report of a rule entitled ‘‘Electric Reli- titled ‘‘Endothall; Pesticide Tolerances’’ cated at 118 South Mill Street, in Fergus ability Organization Proposal to Retire Re- (FRL No. 9902–4) received in the Office of the Falls, Minnesota, as the ‘‘Edward J. Devitt quirements in Reliability Standards’’ (Dock- President of the Senate on December 18, 2013; United States Courthouse and Federal Build- et No. RM13–8–000) received in the Office of to the Committee on Agriculture, Nutrition, ing’’. the President of the Senate on December 18, H.R. 3588. An act to amend the Safe Drink- and Forestry. 2013; to the Committee on Energy and Nat- ing Water Act to exempt fire hydrants from EC–3966. A communication from the Direc- ural Resources. the prohibition on the use of lead pipes, fit- tor of the Regulatory Management Division, EC–3975. A communication from the Acting tings, fixtures, solder, and flux. Environmental Protection Agency, transmit- General Counsel, Federal Energy Regulatory ting, pursuant to law, the report of a rule en- Commission, transmitting, pursuant to law, The enrolled bills were subsequently titled ‘‘Tall Oil, Polymer with Polyethylene the report of a rule entitled ‘‘Regional Reli- signed by the President pro tempore Glycol and Succinic Anhydride ability Standard BAL–002-WECC–2-Contin- (Mr. LEAHY). Monopolyisobutylene derivs.; Tolerance Ex- gency Reserve’’ (Docket No. RM13–13–000) re- ENROLLED BILL AND JOINT RESOLUTION SIGNED emption’’ (FRL No. 9903–19) received in the ceived in the Office of the President of the At 4:31 p.m., a message from the Office of the President of the Senate on De- Senate on December 18, 2013; to the Com- House of Representatives, delivered by cember 18, 2013; to the Committee on Agri- mittee on Energy and Natural Resources. Mr. Novotny, one of its reading clerks, culture, Nutrition, and Forestry. EC–3976. A communication from the Direc- EC–3967. A communication from the Direc- tor of the Regulatory Management Division, announced that the Speaker pro tem- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- pore has signed the following enrolled Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- bill and joint resolution: ting, pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Imple- H.R. 1402. An act to amend title 38, United titled ‘‘Mandipropamid; Pesticide Toler- mentation Plans; State of Oregon; Revised States Code, to extend certain expiring pro- ances’’ (FRL No. 9903–57) received in the Of- Format of 40 CFR Part 52 for Materials In- visions of law, and for other purposes. fice of the President of the Senate on Decem- corporated by Reference’’ (FRL No. 9900–70–

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.027 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9050 CONGRESSIONAL RECORD — SENATE December 19, 2013 Region 10) received in the Office of the Presi- EC–3984. A communication from the Direc- manities, received in the Office of the Presi- dent of the Senate on December 18, 2013; to tor of the Regulatory Management Division, dent of the Senate on December 18, 2013; to the Committee on Environment and Public Environmental Protection Agency, transmit- the Committee on Health, Education, Labor, Works. ting, pursuant to law, the report of a rule en- and Pensions. EC–3977. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- EC–3996. A communication from the Sec- tor of the Regulatory Management Division, mentation Plans; Texas; Public Participa- retary of Health and Human Services, trans- Environmental Protection Agency, transmit- tion for Air Quality Permit Applications’’ mitting, pursuant to law, a report entitled ting, pursuant to law, the report of a rule en- (FRL No. 9904–03–Region 6) received in the ‘‘Annual Report to Congress on the Use of titled ‘‘Disapproval, Approval and Promulga- Office of the President of the Senate on De- Mandatory Recall Authority Submitted Pur- tion of Air Quality Implementation Plan Re- cember 18, 2013; to the Committee on Envi- suant to Section 206 of the FDA Food Safety visions; Infrastructure Requirements for the ronment and Public Works. Modernization Act (FSMA)’’ ; to the Com- 1997 and 2006 PM2.5 National Ambient Air EC–3985. A communication from the Chief mittee on Health, Education, Labor, and Quality Standards; Prevention of Significant of the Publications and Regulations Branch, Pensions. Deterioration; Wyoming’’ (FRL No. 9903–58– Internal Revenue Service, Department of the EC–3997. A communication from the Sec- Region 8) received in the Office of the Presi- Treasury, transmitting, pursuant to law, the retary of Health and Human Services, trans- dent of the Senate on December 18, 2013; to report of a rule entitled ‘‘2014 Standard Mile- mitting, pursuant to law, a report entitled the Committee on Environment and Public age Rates’’ (Notice 2013–80) received in the ‘‘Medicaid Incentives for Prevention of Works. Office of the President of the Senate on De- Chronic Diseases Evaluation’’ ; to the Com- EC–3978. A communication from the Direc- cember 17, 2013; to the Committee on Fi- mittee on Health, Education, Labor, and tor of the Regulatory Management Division, nance . Pensions. Environmental Protection Agency, transmit- EC–3986. A communication from the Chief EC–3998. A communication from the Chair- ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, man, National Transportation Safety Board, titled ‘‘Prevention of Significant Deteriora- Internal Revenue Service, Department of the transmitting, pursuant to law, the Perform- tion for Particulate Matter Less Than 2.5 Mi- Treasury, transmitting, pursuant to law, the ance and Accountability Report for Fiscal crometers-Significant Impact Levels and report of a rule entitled ‘‘Section 3504 Agent Years 2012 and 2013; to the Committee on Significant Monitoring Concentration: Re- Employment Tax Liability’’ (RIN1545–BI21) Homeland Security and Governmental Af- moval of Vacated Elements’’ (FRL No. 9903– received in the Office of the President of the fairs. 84–OAR) received in the Office of the Presi- Senate on December 17, 2013; to the Com- EC–3999. A communication from the Sec- dent of the Senate on December 18, 2013; to mittee on Finance. retary of Education, transmitting, pursuant the Committee on Environment and Public EC–3987. A communication from the Sec- to law, the Semiannual Report of the Office Works. retary of Health and Human Services, trans- of the Inspector General for the period from EC–3979. A communication from the Direc- mitting, pursuant to law, the Medicare Com- April 1, 2013 through September 30, 2013; to tor of the Regulatory Management Division, petitive Acquisition Ombudsman’s 2011 An- the Committee on Homeland Security and Environmental Protection Agency, transmit- nual Report to Congress; to the Committee Governmental Affairs. ting, pursuant to law, the report of a rule en- on Finance. EC–4000. A communication from the Sec- titled ‘‘Approval and Promulgation of Air EC–3988. A communication from the Assist- retary of Education, transmitting, pursuant Quality Implementation Plans; Maryland; ant Secretary, Legislative Affairs, Depart- to law, the Department’s Semiannual Report State Boards Requirements’’ (FRL No. 9903– ment of State, transmitting, pursuant to to Congress on Audit Follow-up for the pe- 78–Region 3) received in the Office of the law, a report relative to section 36(c) of the riod of April 1, 2013 through September 30, President of the Senate on December 18, 2013; Arms Export Control Act (DDTC 13–132); to 2013; to the Committee on Homeland Secu- to the Committee on Environment and Pub- the Committee on Foreign Relations. rity and Governmental Affairs. lic Works. EC–3989. A communication from the Assist- EC–4001. A communication from the Sec- EC–3980. A communication from the Direc- ant Secretary, Legislative Affairs, Depart- retary of Transportation, transmitting, pur- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- ment of State, transmitting, pursuant to suant to law, the Department of Transpor- ting, pursuant to law, the report of a rule en- law, a report relative to section 36(c) of the tation’s Semiannual Report of the Inspector titled ‘‘Direct Final Approval of Hospital/ Arms Export Control Act (DDTC 13–141); to General for the period from April 1, 2013 Medical/Infectious Waste Incinerator Nega- the Committee on Foreign Relations. through September 30, 2013; to the Com- EC–3990. A communication from the Assist- tive Declaration for Designated Facilities mittee on Homeland Security and Govern- and Pollutants: Michigan and Wisconsin’’ ant Secretary, Legislative Affairs, Depart- mental Affairs. (FRL No. 9903–33–Region 5) received in the ment of State, transmitting, pursuant to EC–4002. A communication from the Chief Office of the President of the Senate on De- law, a report relative to section 36(c) of the Operating Officer/Acting Executive Director, cember 18, 2013; to the Committee on Envi- Arms Export Control Act (DDTC 13–129); to U.S. Election Assistance Commission, trans- ronment and Public Works. the Committee on Foreign Relations. mitting, pursuant to law, the Commission’s EC–3981. A communication from the Direc- EC–3991. A communication from the Assist- Semiannual Report of the Inspector General tor of the Regulatory Management Division, ant Secretary, Legislative Affairs, Depart- for the period from April 1, 2013 through Sep- Environmental Protection Agency, transmit- ment of State, transmitting, pursuant to tember 30, 2013; to the Committee on Home- ting, pursuant to law, the report of a rule en- law, a report relative to section 36(c) of the land Security and Governmental Affairs. titled ‘‘Approval and Promulgation of Air Arms Export Control Act (DDTC 13–168); to EC–4003. A communication from the Dis- Quality Implementation Plans; Indiana; the Committee on Foreign Relations. trict of Columbia Auditor, transmitting, pur- Volatile Organic Compound Emission Con- EC–3992. A communication from the Assist- suant to law, a report entitled, ‘‘Audit of the trol Measures for Industrial Solvent Clean- ant Secretary, Legislative Affairs, Depart- District Department of Transportation’s H ing for Northwest Indiana’’ (FRL No. 9904–35– ment of State, transmitting, pursuant to Street Shuttle Grant Awards Issued in Fiscal Region 5) received in the Office of the Presi- law, a report relative to the Chemical Weap- Years 2008 and 2010’’ ; to the Committee on dent of the Senate on December 18, 2013; to ons Convention and the Australia Group; to Homeland Security and Governmental Af- the Committee on Environment and Public the Committee on Foreign Relations. fairs. Works. EC–3993. A communication from the Assist- EC–4004. A communication from the Sec- EC–3982. A communication from the Direc- ant Secretary, Legislative Affairs, Depart- retary of Labor, transmitting , pursuant to tor of the Regulatory Management Division, ment of State, transmitting, the report of a law, the fiscal year 2013 Agency Financial Environmental Protection Agency, transmit- rule entitled ‘‘Amendment to International Report for the Department of Labor; to the ting, pursuant to law, the report of a rule en- Traffic in Arms Regulations: Continued Im- Committee on Homeland Security and Gov- titled ‘‘Approval and Promulgation of Imple- plementation of Export Control Reform; Cor- ernmental Affairs. mentation Plans; North Carolina; Transpor- rection’’ (RIN1400–AD40) received in the Of- EC–4005. A communication from the Acting tation Conformity Memorandum of Agree- fice of the President of the Senate on No- Commissioner of Social Security, transmit- ment Update’’ (FRL No. 9904–43–Region 4) re- vember 18, 2013; to the Committee on Foreign ting, pursuant to law, the Agency Financial ceived in the Office of the President of the Relations. Report for Fiscal Year 2013; to the Com- Senate on December 18, 2013; to the Com- EC–3994. A communication from the Assist- mittee on Homeland Security and Govern- mittee on Environment and Public Works. ant Legal Adviser for Treaty Affairs, Depart- mental Affairs. EC–3983. A communication from the Direc- ment of State, transmitting, pursuant to the EC–4006. A communication from the Sec- tor of the Regulatory Management Division, Case-Zablocki Act, 1 U.S.C. 112b, as amended, retary of Transportation, transmitting, pur- Environmental Protection Agency, transmit- the report of the texts and background state- suant to law, the Agency Financial Report ting, pursuant to law, the report of a rule en- ments of international agreements, other for Fiscal Year 2013; to the Committee on titled ‘‘Approval and Promulgation of Air than treaties (List 2013–0200-2013–0201); to the Homeland Security and Governmental Af- Quality Implementation Plans; Indiana; In- Committee on Foreign Relations. fairs . diana State Board Requirements’’ (FRL No. EC–3995. A communication from the Gen- EC–4007. A communication from the Gen- 9904–36–Region 5) received in the Office of the eral Counsel, National Endowment for the eral Attorney, Consumer Product Safety President of the Senate on December 18, 2013; Humanities, transmitting, pursuant to law, a Commission, transmitting, pursuant to law, to the Committee on Environment and Pub- report relative to a vacancy in the position the report of a rule entitled ‘‘Safety Stand- lic Works. of Chairperson, National Endowment for Hu- ard for Hand-Held Infant Carriers’’ (CPSC

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.018 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9051 Docket No. CPSC–2012–0068) received in the the Lake Tahoe Restoration Act of 2013; to (Nominations without an asterisk Office of the President of the Senate on De- the Committee on Environment and Public were reported with the recommenda- cember 18, 2012; to the Committee on Com- Works. tion that they be confirmed.) merce, Science, and Transportation. f EC–4008. A communication from the Chair- f person, U.S. Commission on Civil Rights, REPORTS OF COMMITTEES INTRODUCTION OF BILLS AND transmitting, pursuant to law, the Commis- The following reports of committees JOINT RESOLUTIONS sion’s Performance and Accountability Re- were submitted: port for fiscal year 2013; to the Committee on The following bills and joint resolu- the Judiciary. By Mr. JOHNSON of South Dakota, from tions were introduced, read the first EC–4009. A communication from the Prin- the Committee on Banking, Housing, and and second times by unanimous con- cipal Deputy Assistant Attorney General, Of- Urban Affairs, with amendments: sent, and referred as indicated: fice of Legislative Affairs, Department of S. 1376. A bill to improve the Federal Hous- ing Administration and to ensure the sol- By Mr. REID: Justice, transmitting, pursuant to law, the S. 1859. A bill to amend the Internal Rev- Annual Report of the Office of Juvenile Jus- vency of the Mutual Mortgage Insurance Fund, and for other purposes (Rept. No. 113– enue Code of 1986 to extend certain expiring tice and Delinquency Prevention for 2012; to provisions, and for other purposes. the Committee on the Judiciary. 129). By Mr. ROCKEFELLER, from the Com- By Mr. HELLER: EC–4010. A communication from the Prin- S. 1860. A bill to reform the medical liabil- mittee on Commerce, Science, and Transpor- cipal Deputy Assistant Attorney General, Of- ity system, improve access to health care for tation, with an amendment in the nature of fice of Legislative Affairs, Department of rural and indigent patients, enhance access a substitute and with a preamble: Justice, transmitting, pursuant to law, a re- to affordable prescription drugs, and for S. Res. 157. A resolution expressing the port entitled ‘‘2012 Annual Report of the Na- other purposes; to the Committee on Fi- sense of the Senate that telephone service tional Institute of Justice’’ ; to the Com- nance. must be improved in rural areas of the mittee on the Judiciary. By Mr. CORNYN (for himself and Mr. United States and that no entity may unrea- EC–4011. A communication from the Sec- TOOMEY): sonably discriminate against telephone users retary of Health and Human Services, trans- S. 1861. A bill to save taxpayer money and in those areas (Rept. No. 113–130). mitting, pursuant to law, a report entitled end bailouts of financial institutions by pro- By Mr. LEAHY, from the Committee on ‘‘Report to Congress on the Refugee Reset- viding for a process to allow financial insti- the Judiciary, with amendments: tlement Program for Fiscal Year 2011’’ ; to tutions to go bankrupt; to the Committee on S. 975. A bill to provide for the inclusion of the Committee on the Judiciary. the Judiciary. court-appointed guardianship improvement EC–4012. A communication from the Sec- By Mr. BLUNT (for himself and Mr. and oversight activities under the Elder Jus- retary of Veterans Affairs, transmitting, MENENDEZ): tice Act of 2009. pursuant to law, the Uniform Resource Loca- S. 1862. A bill to grant the Congressional From the Committee on Health, Edu- tor (URL) address for the Department of Vet- Gold Medal, collectively, to the Monuments cation, Labor, and Pensions, with an amend- erans Affairs 2013 Performance and Account- Men, in recognition of their heroic role in ment in the nature of a substitute: ability Report; to the Committee on Vet- the preservation, protection, and restitution S. 1417. A bill to amend the Public Health erans’ Affairs. of monuments, works of art, and artifacts of Service Act to reauthorize programs under EC–4013. A communication from the Presi- cultural importance during and following part A of title XI of such Act. dent of the United States to the President World War II; to the Committee on Banking, By Mr. WYDEN, from the Committee on Pro Tempore of the United States Senate, Housing, and Urban Affairs. Energy and Natural Resources, with amend- transmitting, consistent with the War Pow- By Mr. BROWN: ments: ers Act, a report relative to the deployment S. 1863. A bill to establish in the Depart- S. 1491. A bill to amend the Energy Inde- of certain U.S. forces to South Sudan; to the ment of Veterans Affairs a continuing med- pendence and Security Act of 2007 to improve Committee on Foreign Relations. ical education program for licensed medical United States-Israel energy cooperation, and professionals to increase knowledge and rec- f for other purposes. ognition of medical conditions common to By Mr. HARKIN, from the Committee on PETITIONS AND MEMORIALS veterans and family members of veterans, Health, Education, Labor, and Pensions, and for other purposes; to the Committee on The following petitions and memo- without amendment: Veterans’ Affairs. S. 1719. A bill to amend the Public Health rials were laid before the Senate and By Mr. HARKIN: were referred or ordered to lie on the Service Act to reauthorize the poison center S. 1864. A bill to require a demonstration national toll-free number, national media table as indicated: program on the accession as Air Force offi- campaign, and grant program, and for other cers of candidates with auditory impair- POM–160. A resolution adopted by the purposes. ments; to the Committee on Armed Services. Mayor and City Commission of the City of By Mr. BAUCUS, from the Committee on By Mr. BEGICH (for himself, Mr. Miami Beach, Florida supporting the efforts Finance, without amendment: COONS, Mr. BAUCUS, and Mr. TESTER): of the Florida U.S. Congressional delegation S. 1870. An original bill to reauthorize and S. 1865. A bill to amend the prices set for to delay the effective date of the 2012 restructure adoption incentive payments, to Federal Migratory Bird Hunting and Con- Biggert-Waters Flood Insurance Reform Act; better enable State child welfare agencies to servation Stamps and make limited waivers to the Committee on Banking, Housing, and prevent sex trafficking of children and serve of stamp requirements for certain users; to Urban Affairs. the needs of children who are victims of sex the Committee on Environment and Public POM–161. A resolution adopted by the trafficking, to increase the reliability of Works. Interstate Oil and Gas Compact Commission child support for children, and for other pur- By Mr. MARKEY (for himself and Ms. entitled ‘‘Recognition of State Regulation of poses. WARREN): Hydraulic Fracturing’’; to the Committee on S. 1871. An original bill to amend title S. 1866. A bill to provide for an extension of Energy and Natural Resources. XVIII of the Social Security Act to repeal the legislative authority of the Adams Me- POM–162. A resolution adopted by the the Medicare sustainable growth rate for- morial Foundation to establish a commemo- Interstate Oil and Gas Compact Commission mula and to improve beneficiary access rative work in honor of former President supporting the reporting of chemicals inten- under the Medicare program, and for other John Adams and his legacy; to the Com- tionally used for hydraulic fracturing; to the purposes. mittee on Energy and Natural Resources. Committee on Energy and Natural Re- f By Mr. MENENDEZ (for himself and sources. Mr. BLUMENTHAL): POM–163. A resolution adopted by the EXECUTIVE REPORTS OF S. 1867. A bill to provide protection for con- American St. Regis Indian Republic Men’s COMMITTEE sumers who have prepaid cards, and for other Counsel memorializing the exercising of the purposes; to the Committee on Banking, Counsel’s sovereign will and protecting all The following executive reports of nominations were submitted on Decem- Housing, and Urban Affairs. aspects of its future; to the Committee on By Ms. HIRONO (for herself, Mr. ROB- ber 19, 2012: Energy and Natural Resources. ERTS, Mr. SCHATZ, and Mr. MORAN): POM–164. A resolution adopted by the By Mr. LEAHY for the Committee on the S. 1868. A bill to provide for the conversion Caddo Bossier Port Commission, Shreveport, Judiciary. of temporary judgeships for the districts of Louisiana relative to the U.S. Army Corps of Peter Joseph Kadzik, of New York, to be an Hawaii and Kansas to permanent judgeships; Engineers maintaining the J. Bennett John- Assistant Attorney General. to the Committee on the Judiciary. ston/Red River Waterway at a 9 ft. channel Gary Blankinship, of Texas, to be United By Ms. AYOTTE (for herself, Mr. GRA- and 24/7/365 lock and dam operations; to the States Marshal for the Southern District of HAM, and Mr. WICKER): Committee on Environment and Public Texas for the term of four years. S. 1869. A bill to repeal section 403 of the Works. Robert L. Hobbs, of Texas, to be United Bipartisan Budget Act of 2013, relating to an POM–165. A resolution adopted by the Cali- States Marshal for the Eastern District of annual adjustment of retired pay for mem- fornia State Lands Commission supporting Texas for the term of four years. bers of the Armed Forces under the age of 62,

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.019 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9052 CONGRESSIONAL RECORD — SENATE December 19, 2013 and to provide an offset; to the Committee Armed Forces under the age of 62 under the HIRONO) was added as a cosponsor of S. on Finance. Bipartisan Budget Act of 2013 shall not apply 641, a bill to amend the Public Health By Mr. BAUCUS: to members retired for disability and to re- Service Act to increase the number of S. 1870. An original bill to reauthorize and tired pay used to compute certain Survivor permanent faculty in palliative care at restructure adoption incentive payments, to Benefit Plan annuities; to the Committee on better enable State child welfare agencies to Armed Services. accredited allopathic and osteopathic prevent sex trafficking of children and serve By Mr. MENENDEZ (for himself, Mr. medical schools, nursing schools, and the needs of children who are victims of sex KIRK, Mr. SCHUMER, Mr. GRAHAM, Mr. other programs, to promote education trafficking, to increase the reliability of CARDIN, Mr. MCCAIN, Mr. CASEY, Mr. in palliative care and hospice, and to child support for children, and for other pur- RUBIO, Mr. COONS, Mr. CORNYN, Mr. support the development of faculty ca- poses; from the Committee on Finance; BLUMENTHAL, Ms. AYOTTE, Mr. reers in academic palliative medicine. placed on the calendar. BEGICH, Mr. CORKER, Mr. PRYOR, Ms. S. 653 By Mr. BAUCUS: COLLINS, Ms. LANDRIEU, Mr. MORAN, S. 1871. An original bill to amend title Mrs. GILLIBRAND, Mr. ROBERTS, Mr. At the request of Mr. BLUNT, the XVIII of the Social Security Act to repeal WARNER, Mr. JOHANNS, Mrs. HAGAN, name of the Senator from Pennsyl- the Medicare sustainable growth rate for- Mr. CRUZ, Mr. DONNELLY, Mr. BLUNT, vania (Mr. TOOMEY) was added as a co- mula and to improve beneficiary access and Mr. BOOKER): sponsor of S. 653, a bill to provide for under the Medicare program, and for other S. 1881. A bill to expand sanctions imposed the establishment of the Special Envoy purposes; from the Committee on Finance; with respect to Iran and to impose additional to Promote Religious Freedom of Reli- placed on the calendar. sanctions with respect to Iran, and for other gious Minorities in the Near East and By Mr. PRYOR: purposes; read the first time. S. 1872. A bill to provide that the annual South Central Asia. f adjustment of retired pay for members of the S. 733 Armed Forces under the age of 62 under the ADDITIONAL COSPONSORS At the request of Mr. ALEXANDER, the Bipartisan Budget Act of 2013 shall not apply S. 192 name of the Senator from Wisconsin to members retired for disability and to retired pay used to compute certain Survivor At the request of Mr. BARRASSO, the (Ms. BALDWIN) was added as a cospon- Benefit Plan annuities; to the Committee on name of the Senator from Texas (Mr. sor of S. 733, a bill to amend the De- Armed Services. CRUZ) was added as a cosponsor of S. partment of Energy High-End Com- By Mr. REED (for himself, Mr. DURBIN, 192, a bill to enhance the energy secu- puting Revitalization Act of 2004 to im- and Ms. WARREN): rity of United States allies, and for prove the high-end computing research S. 1873. A bill to provide for institutional other purposes. and development program of the De- risk-sharing in the Federal student loan pro- partment of Energy, and for other pur- grams; to the Committee on Health, Edu- S. 250 cation, Labor, and Pensions. At the request of Mr. SANDERS, the poses. By Mr. REED: name of the Senator from Hawaii (Mr. S. 862 S. 1874. A bill to amend the Higher Edu- SCHATZ) was added as a cosponsor of S. At the request of Ms. AYOTTE, the cation Act of 1965 to strengthen Federal- 250, a bill to amend the Internal Rev- names of the Senator from New Mexico State partnerships in postsecondary edu- enue Code of 1986 to modify the treat- (Mr. UDALL) and the Senator from Vir- cation; to the Committee on Health, Edu- ment of foreign corporations, and for ginia (Mr. KAINE) were added as co- cation, Labor, and Pensions. By Mr. WYDEN (for himself and Mr. other purposes. sponsors of S. 862, a bill to amend sec- CRAPO): S. 313 tion 5000A of the Internal Revenue S. 1875. A bill to provide for wildfire sup- At the request of Mr. CASEY, the Code of 1986 to provide an additional pression operations, and for other purposes; names of the Senator from Tennessee religious exemption from the indi- to the Committee on the Budget. (Mr. ALEXANDER), the Senator from Ha- vidual health coverage mandate. By Mr. BAUCUS (for himself, Mr. waii (Ms. HIRONO) and the Senator from S. 917 HATCH, Mr. WYDEN, Mr. ROCKE- FELLER, Mr. GRASSLEY, and Mr. North Dakota (Mr. HOEVEN) were added At the request of Mr. CARDIN, the CASEY): as cosponsors of S. 313, a bill to amend name of the Senator from Colorado S. 1876. A bill to reauthorize and restruc- the Internal Revenue Code of 1986 to (Mr. UDALL) was added as a cosponsor ture adoption incentive payments, and for provide for the tax treatment of ABLE of S. 917, a bill to amend the Internal other purposes; to the Committee on Fi- accounts established under State pro- Revenue Code of 1986 to provide a re- nance. grams for the care of family members duced rate of excise tax on beer pro- By Mr. BAUCUS (for himself, Mr. with disabilities, and for other pur- duced domestically by certain quali- HATCH, Mr. WYDEN, Mr. MENENDEZ, poses. Mr. GRASSLEY, and Mr. ROCKE- fying producers. FELLER): S. 411 S. 975 S. 1877. A bill to increase the reliability of At the request of Mr. ROCKEFELLER, At the request of Ms. KLOBUCHAR, the child support for children, and for other pur- the name of the Senator from Indiana name of the Senator from Delaware poses; to the Committee on Finance. (Mr. DONNELLY) was added as a cospon- (Mr. COONS) was added as a cosponsor By Mr. BAUCUS (for himself, Mr. sor of S. 411, a bill to amend the Inter- of S. 975, a bill to provide for the inclu- HATCH, Mr. WYDEN, Mr. ROCKE- nal Revenue Code of 1986 to extend and FELLER, Mr. GRASSLEY, Mr. BROWN, sion of court-appointed guardianship and Mr. CASEY): modify the railroad track maintenance improvement and oversight activities S. 1878. A bill to better enable State child credit. under the Elder Justice Act of 2009. welfare agencies to prevent sex trafficking of S. 468 S. 1011 children and serve the needs of children who At the request of Mr. ROCKEFELLER, At the request of Mr. JOHANNS, the are victims of sex trafficking, and for other the name of the Senator from Virginia purposes; to the Committee on Finance. names of the Senator from Louisiana By Mr. FRANKEN (for himself and Mr. (Mr. WARNER) was added as a cosponsor (Mr. VITTER) and the Senator from KIRK): of S. 468, a bill to protect the health Maine (Ms. COLLINS) were added as co- S. 1879. A bill to amend the Employee Re- care and pension benefits of our na- sponsors of S. 1011, a bill to require the tirement Income Security Act of 1974, the tion’s miners. Secretary of the Treasury to mint Public Health Service Act, and the Internal S. 471 coins in commemoration of the centen- Revenue Code of 1986 to require group and in- At the request of Mr. SANDERS, the nial of Boys Town, and for other pur- dividual health insurance coverage and group health plans to provide for coverage of name of the Senator from Connecticut poses. oral anticancer drugs on terms no less favor- (Mr. MURPHY) was added as a cosponsor S. 1012 able than the coverage provided for of S. 471, a bill to amend the Fair Cred- At the request of Mr. BLUNT, the anticancer medications administered by a it Reporting Act to require the inclu- name of the Senator from Illinois (Mr. health care provider; to the Committee on sion of credit scores with free annual KIRK) was added as a cosponsor of S. Health, Education, Labor, and Pensions. credit reports provided to consumers, 1012, a bill to amend title XVIII of the By Mrs. MURRAY (for herself, Mr. and for other purposes. Social Security Act to improve oper- CHAMBLISS, Mr. ISAKSON, and Mr. S. 641 PRYOR): ations of recovery auditors under the S. 1880. A bill to provide that the annual At the request of Mr. WYDEN, the Medicare integrity program, to in- adjustment of retired pay for members of the name of the Senator from Hawaii (Ms. crease transparency and accuracy in

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.014 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9053 audits conducted by contractors, and (Mr. WHITEHOUSE) was added as a co- (Mr. UDALL) and the Senator from Min- for other purposes. sponsor of S. 1322, a bill to amend the nesota (Ms. KLOBUCHAR) were added as S. 1070 Controlled Substances Act relating to cosponsors of S. 1697, a bill to support At the request of Mr. SCHUMER, the controlled substance analogues. early learning. name of the Senator from Minnesota S. 1357 S. 1707 (Ms. KLOBUCHAR) was added as a co- At the request of Mr. BAUCUS, the At the request of Mr. HELLER, the sponsor of S. 1070, a bill to make it un- name of the Senator from Maine (Mr. name of the Senator from West Vir- lawful to alter or remove the unique KING) was added as a cosponsor of S. ginia (Mr. MANCHIN) was added as a co- equipment identification number of a 1357, a bill to extend the trade adjust- sponsor of S. 1707, a bill to exclude con- mobile device. ment assistance program. sideration as income under the United S. 1091 S. 1417 States Housing Act of 1937 payments of At the request of Ms. MIKULSKI, the At the request of Mrs. HAGAN, the pensions made under section 1521 of name of the Senator from New Jersey name of the Senator from Mississippi title 38, United States Code, to vet- (Mr. MENENDEZ) was added as a cospon- (Mr. WICKER) was added as a cosponsor erans who are in need of regular aid sor of S. 1091, a bill to provide for the of S. 1417, a bill to amend the Public and attendance, and for other purposes. issuance of an Alzheimer’s Disease Re- Health Service Act to reauthorize pro- S. 1738 search Semipostal Stamp. grams under part A of title XI of such At the request of Mr. CORNYN, the S. 1171 Act. name of the Senator from Pennsyl- At the request of Mr. MORAN, the S. 1456 vania (Mr. TOOMEY) was added as a co- name of the Senator from North Caro- At the request of Ms. AYOTTE, the sponsor of S. 1738, a bill to provide jus- lina (Mr. BURR) was added as a cospon- name of the Senator from New Jersey tice for the victims of trafficking. sor of S. 1171, a bill to amend the Con- (Mr. MENENDEZ) was added as a cospon- S. 1740 trolled Substances Act to allow a vet- sor of S. 1456, a bill to award the Con- At the request of Ms. LANDRIEU, the erinarian to transport and dispense gressional Gold Medal to Shimon names of the Senator from Hawaii (Mr. controlled substances in the usual Peres. SCHATZ) and the Senator from Con- course of veterinary practice outside of S. 1459 necticut (Mr. MURPHY) were added as the registered location. At the request of Mr. KIRK, the name cosponsors of S. 1740, a bill to authorize S. 1183 of the Senator from California (Mrs. Department of Veterans Affairs major At the request of Mr. THUNE, the FEINSTEIN) was added as a cosponsor of medical facility leases, and for other name of the Senator from Texas (Mr. S. 1459, a bill to amend title 49, United purposes. CRUZ) was added as a cosponsor of S. States Code, to prohibit the transpor- S. 1756 1183, a bill to amend the Internal Rev- tation of horses in interstate transpor- At the request of Mr. BLUNT, the enue Code of 1986 to repeal the estate tation in a motor vehicle containing 2 name of the Senator from Wyoming and generation-skipping transfer taxes, or more levels stacked on top of one (Mr. ENZI) was added as a cosponsor of and for other purposes. another. S. 1756, a bill to amend section 403 of S. 1249 S. 1614 the Federal Food, Drug and Cosmetic At the request of Mr. BLUMENTHAL, At the request of Mr. BLUNT, the Act to improve and clarify certain dis- the names of the Senator from Arkan- name of the Senator from Kentucky closure requirements for restaurants, sas (Mr. BOOZMAN) and the Senator (Mr. MCCONNELL) was added as a co- similar retail food establishments, and from New Hampshire (Ms. AYOTTE) sponsor of S. 1614, a bill to require Cer- vending machines. were added as cosponsors of S. 1249, a tificates of Citizenship and other Fed- bill to rename the Office to Monitor eral documents to reflect name and S. 1759 and Combat Trafficking of the Depart- date of birth determinations made by a At the request of Mr. SANDERS, the ment of State the Bureau to Monitor State court and for other purposes. name of the Senator from California (Mrs. BOXER) was added as a cosponsor and Combat Trafficking in Persons and S. 1633 of S. 1759, a bill to reauthorize the to provide for an Assistant Secretary At the request of Ms. CANTWELL, the to head such Bureau, and for other pur- name of the Senator from New Hamp- teaching health center program. poses. shire (Mrs. SHAHEEN) was added as a co- S. 1798 S. 1256 sponsor of S. 1633, a bill to suspend At the request of Mr. WARNER, the At the request of Mrs. FEINSTEIN, the temporarily the duty on certain foot- names of the Senator from Georgia name of the Senator from Rhode Island wear, and for other purposes. (Mr. CHAMBLISS), the Senator from (Mr. WHITEHOUSE) was added as a co- S. 1688 West Virginia (Mr. ROCKEFELLER), the sponsor of S. 1256, a bill to amend the At the request of Mr. KIRK, the Senator from New Mexico (Mr. UDALL) Federal Food, Drug, and Cosmetic Act names of the Senator from Arizona and the Senator from North Dakota to preserve the effectiveness of medi- (Mr. MCCAIN), the Senator from Kansas (Ms. HEITKAMP) were added as cospon- cally important antimicrobials used in (Mr. ROBERTS) and the Senator from sors of S. 1798, a bill to ensure that the treatment of human and animal Kansas (Mr. MORAN) were added as co- emergency services volunteers are not diseases. sponsors of S. 1688, a bill to award the counted as full-time employees under S. 1291 Congressional Gold Medal to the mem- the shared responsibility requirements At the request of Mr. REED, the name bers of the Office of Strategic Services contained in the Patient Protection of the Senator from Illinois (Mr. DUR- (OSS), collectively, in recognition of and Affordable Care Act. BIN) was added as a cosponsor of S. 1291, their superior service and major con- S. 1799 a bill to strengthen families’ engage- tributions during World War II. At the request of Mr. COONS, the ment in the education of their chil- S. 1692 name of the Senator from Oregon (Mr. dren. At the request of Mrs. BOXER, the WYDEN) was added as a cosponsor of S. S. 1302 name of the Senator from Minnesota 1799, a bill to reauthorize subtitle A of At the request of Mr. HARKIN, the (Mr. FRANKEN) was added as a cospon- the Victims of Child Abuse Act of 1990. name of the Senator from Idaho (Mr. sor of S. 1692, a bill to require the Sec- S. 1827 RISCH) was added as a cosponsor of S. retary of Transportation to modify the At the request of Mr. MANCHIN, the 1302, a bill to amend the Employee Re- final rule relating to flightcrew mem- names of the Senator from Texas (Mr. tirement Income Security Act of 1974 ber duty and rest requirements for pas- CRUZ), the Senator from Connecticut and the Internal Revenue Code of 1986 senger operations of air carriers to (Mr. MURPHY), the Senator from Wash- to provide for cooperative and small apply to all-cargo operations of air car- ington (Mrs. MURRAY) and the Senator employer charity pension plans. riers, and for other purposes. from Hawaii (Mr. SCHATZ) were added S. 1322 S. 1697 as cosponsors of S. 1827, a bill to award At the request of Ms. KLOBUCHAR, the At the request of Mr. HARKIN, the a Congressional Gold Medal to the name of the Senator from Rhode Island names of the Senator from New Mexico American Fighter Aces, collectively, in

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.015 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9054 CONGRESSIONAL RECORD — SENATE December 19, 2013 recognition of their heroic military S. RES. 324 TITLE II—BUSINESS TAX EXTENDERS service and defense of our country’s At the request of Mr. ROCKEFELLER, Sec. 201. Extension of research credit. freedom throughout the history of the names of the Senator from South Sec. 202. Extension of temporary minimum aviation warfare. Dakota (Mr. THUNE), the Senator from low-income tax credit rate for non-federally subsidized new S. 1828 Delaware (Mr. CARPER) and the Senator buildings. from Oklahoma (Mr. COBURN) were At the request of Mr. DONNELLY, the Sec. 203. Extension of housing allowance ex- name of the Senator from Pennsyl- added as cosponsors of S. Res. 324, a clusion for determining area vania (Mr. TOOMEY) was added as a co- resolution expressing the sense of the median gross income for quali- sponsor of S. 1828, a bill to amend the Senate with respect to the tragic fied residential rental project Truth in Lending Act to modify the shooting at Los Angeles International exempt facility bonds. definitions of a mortgage originator Airport on November 1, 2013, of employ- Sec. 204. Extension of Indian employment and a high-cost mortgage. ees of the Transportation Security Ad- tax credit. ministration. Sec. 205. Extension of new markets tax cred- S. 1837 it. At the request of Ms. WARREN, the f Sec. 206. Extension of railroad track mainte- name of the Senator from Hawaii (Ms. STATEMENTS ON INTRODUCED nance credit. HIRONO) was added as a cosponsor of S. BILLS AND JOINT RESOLUTIONS Sec. 207. Extension of mine rescue team 1837, a bill to amend the Fair Credit training credit. Reporting Act to prohibit the use of By Mr. REID: Sec. 208. Extension of employer wage credit S. 1859. A bill to amend the Internal for employees who are active consumer credit checks against pro- Revenue Code of 1986 to extend certain duty members of the uniformed spective and current employees for the expiring provisions, and for other pur- services. purposes of making adverse employ- poses. Sec. 209. Extension of work opportunity tax ment decisions. credit. Mr. REID. Mr. President, I ask unan- Sec. 210. Extension of qualified zone acad- S. 1839 imous consent that the text of the bill At the request of Mr. BEGICH, the emy bonds. be printed in the RECORD. names of the Senator from Oregon (Mr. Sec. 211. Extension of classification of cer- There being no objection, the text of tain race horses as 3-year prop- WYDEN) and the Senator from Oregon the bill was ordered to be printed in erty. (Mr. MERKLEY) were added as cospon- the RECORD, as follows: Sec. 212. Extension of 15-year straight-line sors of S. 1839, a bill to make certain S. 1859 cost recovery for qualified leasehold improvements, quali- luggage and travel articles eligible for Be it enacted by the Senate and House of Rep- fied restaurant buildings and duty-free treatment under the General- resentatives of the United States of America in improvements, and qualified re- ized System of Preferences, and for Congress assembled, other purposes. tail improvements. SECTION 1. SHORT TITLE, ETC. Sec. 213. Extension of 7-year recovery period (a) SHORT TITLE.—This Act may be cited as S. 1844 for motorsports entertainment the ‘‘Tax Extenders Act of 2013’’. At the request of Mrs. SHAHEEN, the complexes. (b) AMENDMENT OF 1986 CODE.—Except as name of the Senator from Delaware Sec. 214. Extension of accelerated deprecia- otherwise expressly provided, whenever in tion for business property on an (Mr. COONS) was added as a cosponsor this Act an amendment or repeal is ex- Indian reservation. of S. 1844, a bill to restore full military pressed in terms of an amendment to, or re- Sec. 215. Extension of bonus depreciation. retirement benefits by closing cor- peal of, a section or other provision, the ref- Sec. 216. Extension of enhanced charitable porate tax loopholes. erence shall be considered to be made to a deduction for contributions of section or other provision of the Internal S. 1845 food inventory. At the request of Mr. REED, the Revenue Code of 1986. Sec. 217. Extension of increased expensing (c) TABLE OF CONTENTS.—The table of con- names of the Senator from West Vir- limitations and treatment of tents for this Act is as follows: ginia (Mr. ROCKEFELLER), the Senator certain real property as section Sec. 1. Short title, etc. from California (Mrs. BOXER), the Sen- 179 property. TITLE I—INDIVIDUAL TAX EXTENDERS Sec. 218. Extension of election to expense ator from Rhode Island (Mr. WHITE- Subtitle A—Extensions Relating to Certain mine safety equipment. HOUSE) and the Senator from Delaware Health Coverage Sec. 219. Extension of special expensing (Mr. COONS) were added as cosponsors Sec. 101. Health care tax credit. rules for certain film and tele- of S. 1845, a bill to provide for the ex- Sec. 102. TAA pre-certification rule for pur- vision productions. tension of certain unemployment bene- poses of determining whether Sec. 220. Extension of deduction allowable fits, and for other purposes. there is a 63-day lapse in cred- with respect to income attrib- S. 1848 itable coverage. utable to domestic production Sec. 103. Extension of COBRA benefits for activities in Puerto Rico. At the request of Mr. ROBERTS, the Sec. 221. Extension of modification of tax name of the Senator from North Caro- certain TAA-eligible individuals and PBGC recipients. treatment of certain payments lina (Mr. BURR) was added as a cospon- Subtitle B—General Extensions to controlling exempt organiza- sor of S. 1848, a bill to amend section Sec. 111. Extension of deduction for certain tions. 1303(b)(3) of Public Law 111–148 con- expenses of elementary and sec- Sec. 222. Extension of treatment of certain cerning the notice requirements re- ondary school teachers. dividends of regulated invest- garding the extent of health plan cov- Sec. 112. Extension of exclusion from gross ment companies. erage of abortion and abortion pre- income of discharge of qualified Sec. 223. Extension of RIC qualified invest- principal residence indebted- ment entity treatment under mium surcharges. FIRPTA. S. RES. 318 ness. Sec. 113. Extension of parity for exclusion Sec. 224. Extension of subpart F exception At the request of Mr. DURBIN, the from income for employer-pro- for active financing income. name of the Senator from New Jersey vided mass transit and parking Sec. 225. Extension of look-thru treatment (Mr. MENENDEZ) was added as a cospon- benefits. of payments between related sor of S. Res. 318, a resolution express- Sec. 114. Extension of mortgage insurance controlled foreign corporations ing the sense of the Senate regarding premiums treated as qualified under foreign personal holding residence interest. company rules. the critical need for political reform in Sec. 226. Extension of temporary exclusion Bangladesh, and for other purposes. Sec. 115. Extension of deduction of State and local general sales taxes. of 100 percent of gain on certain S. RES. 319 Sec. 116. Extension of special rule for con- small business stock. At the request of Mr. MURPHY, the tributions of capital gain real Sec. 227. Extension of basis adjustment to name of the Senator from Texas (Mr. property made for conservation stock of S corporations making CRUZ) was added as a cosponsor of S. purposes. charitable contributions of Res. 319, a resolution expressing sup- Sec. 117. Extension of above-the-line deduc- property. Sec. 228. Extension of reduction in S-cor- port for the Ukrainian people in light tion for qualified tuition and related expenses. poration recognition period for of President Yanukovych’s decision not Sec. 118. Extension of tax-free distributions built-in gains tax. to sign an Association Agreement with from individual retirement Sec. 229. Extension of empowerment zone the European Union. plans for charitable purposes. tax incentives.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0655 E:\CR\FM\A19DE6.016 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9055 Sec. 230. Extension of temporary increase in (4) Section 602(2)(A)(vi) of such Act. cember 31, 2013’’ and inserting ‘‘December 31, limit on cover over of rum ex- (5) Section 2202(2)(A)(iv) of the Public 2014’’. cise taxes to Puerto Rico and Health Service Act. (b) EFFECTIVE DATE.—The amendment the Virgin Islands. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to distribu- Sec. 231. Extension of American Samoa eco- made by this section shall apply to periods of tions made in taxable years beginning after nomic development credit. coverage which would (without regard to the December 31, 2013. TITLE III—ENERGY TAX EXTENDERS amendments made by this section) end on or TITLE II—BUSINESS TAX EXTENDERS after December 31, 2013. Sec. 301. Extension of credit for energy-effi- SEC. 201. EXTENSION OF RESEARCH CREDIT. cient existing homes. Subtitle B—General Extensions (a) IN GENERAL.—Subparagraph (B) of sec- Sec. 302. Extension of credit for alternative SEC. 111. EXTENSION OF DEDUCTION FOR CER- tion 41(h)(1) is amended by striking ‘‘Decem- fuel vehicle refueling property. TAIN EXPENSES OF ELEMENTARY ber 31, 2013’’ and inserting ‘‘December 31, Sec. 303. Extension of credit for 2- or 3- AND SECONDARY SCHOOL TEACH- 2014’’. ERS. wheeled plug-in electric vehi- (b) CONFORMING AMENDMENT.—Subpara- (a) IN GENERAL.—Subparagraph (D) of sec- cles. graph (D) of section 45C(b)(1) is amended by tion 62(a)(2) is amended by striking ‘‘or 2013’’ Sec. 304. Extension of second generation striking ‘‘December 31, 2013’’ and inserting and inserting ‘‘2013, or 2014’’. biofuel producer credit. ‘‘December 31, 2014’’. (b) EFFECTIVE DATE.—The amendment Sec. 305. Extension of incentives for bio- made by this section shall apply to taxable (c) EFFECTIVE DATE.—The amendments diesel and renewable diesel. years beginning after December 31, 2013. made by this section shall apply to amounts Sec. 306. Extension of production credit for paid or incurred after December 31, 2013. Indian coal facilities placed in SEC. 112. EXTENSION OF EXCLUSION FROM GROSS INCOME OF DISCHARGE OF SEC. 202. EXTENSION OF TEMPORARY MINIMUM service before 2009. QUALIFIED PRINCIPAL RESIDENCE LOW-INCOME TAX CREDIT RATE FOR Sec. 307. Extension of credits with respect to INDEBTEDNESS. NON-FEDERALLY SUBSIDIZED NEW BUILDINGS. facilities producing energy (a) IN GENERAL.—Subparagraph (E) of sec- from certain renewable re- tion 108(a)(1) is amended by striking ‘‘Janu- (a) IN GENERAL.—Subparagraph (A) of sec- sources. ary 1, 2014’’ and inserting ‘‘January 1, 2015’’. tion 42(b)(2) is amended by striking ‘‘before Sec. 308. Extension of credit for energy-effi- (b) EFFECTIVE DATE.—The amendment January 1, 2014’’ and inserting ‘‘before Janu- cient new homes. made by this section shall apply to indebted- ary 1, 2015’’. Sec. 309. Extension of credits for energy-effi- ness discharged after December 31, 2013. (b) EFFECTIVE DATE.—The amendment cient appliances. SEC. 113. EXTENSION OF PARITY FOR EXCLUSION made by this section shall take effect on Sec. 310. Extension of special allowance for FROM INCOME FOR EMPLOYER-PRO- January 1, 2014. second generation biofuel plant VIDED MASS TRANSIT AND PARKING SEC. 203. EXTENSION OF HOUSING ALLOWANCE property. BENEFITS. EXCLUSION FOR DETERMINING Sec. 311. Extension of placed in service date (a) IN GENERAL.—Paragraph (2) of section AREA MEDIAN GROSS INCOME FOR for election to expense certain 132(f) is amended by striking ‘‘January 1, QUALIFIED RESIDENTIAL RENTAL PROJECT EXEMPT FACILITY BONDS. refineries. 2014’’ and inserting ‘‘January 1, 2015’’. Sec. 312. Extension of energy efficient com- (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Subsection (b) of section mercial buildings deduction. made by this section shall apply to months 3005 of the Housing Assistance Tax Act of Sec. 313. Extension of special rule for sales after December 31, 2013. 2008 is amended by striking ‘‘January 1, 2014’’ or dispositions to implement SEC. 114. EXTENSION OF MORTGAGE INSURANCE each place it appears and inserting ‘‘January FERC or State electric restruc- PREMIUMS TREATED AS QUALIFIED 1, 2015’’. (b) EFFECTIVE DATE.—The amendment turing policy for qualified elec- RESIDENCE INTEREST. made by this section shall take effect as if tric utilities. (a) IN GENERAL.—Subclause (I) of section included in the enactment of section 3005 of Sec. 314. Extension of alternative fuels ex- 163(h)(3)(E)(iv) is amended by striking ‘‘De- the Housing Assistance Tax Act of 2008. cise tax credits. cember 31, 2013’’ and inserting ‘‘December 31, Sec. 315. Extension of alternative fuels ex- 2014’’. SEC. 204. EXTENSION OF INDIAN EMPLOYMENT cise tax credits relating to liq- (b) EFFECTIVE DATE.—The amendments TAX CREDIT. uefied hydrogen. made by this section shall apply to amounts (a) IN GENERAL.—Subsection (f) of section paid or accrued after December 31, 2013. 45A is amended by striking ‘‘December 31, TITLE I—INDIVIDUAL TAX EXTENDERS SEC. 115. EXTENSION OF DEDUCTION OF STATE 2013’’ and inserting ‘‘December 31, 2014’’. Subtitle A—Extensions Relating to Certain AND LOCAL GENERAL SALES TAXES. (b) EFFECTIVE DATE.—The amendment Health Coverage (a) IN GENERAL.—Subparagraph (I) of sec- made by this section shall apply to taxable SEC. 101. HEALTH CARE TAX CREDIT. tion 164(b)(5) is amended by striking ‘‘Janu- years beginning after December 31, 2013. (a) IN GENERAL.—Subparagraph (B) of sec- ary 1, 2014’’ and inserting ‘‘January 1, 2015’’. SEC. 205. EXTENSION OF NEW MARKETS TAX tion 35(b)(1) is amended by striking ‘‘Janu- (b) EFFECTIVE DATE.—The amendment CREDIT. ary 1, 2014’’ and inserting ‘‘January 1, 2015’’. made by this section shall apply to taxable (a) IN GENERAL.—Subparagraph (G) of sec- (b) EFFECTIVE DATE.—The amendment years beginning after December 31, 2013. tion 45D(f)(1) is amended by striking ‘‘and made by this section shall apply to coverage SEC. 116. EXTENSION OF SPECIAL RULE FOR 2013’’ and inserting ‘‘2013, and 2014’’. months beginning after December 31, 2013. CONTRIBUTIONS OF CAPITAL GAIN (b) CARRYOVER OF UNUSED LIMITATION.— REAL PROPERTY MADE FOR CON- Paragraph (3) of section 45D(f) is amended by SEC. 102. TAA PRE-CERTIFICATION RULE FOR SERVATION PURPOSES. PURPOSES OF DETERMINING striking ‘‘2018’’ and inserting ‘‘2019’’. (a) IN GENERAL.—Clause (vi) of section WHETHER THERE IS A 63-DAY LAPSE (c) EFFECTIVE DATE.—The amendments IN CREDITABLE COVERAGE. 170(b)(1)(E) is amended by striking ‘‘Decem- made by this section shall apply to calendar ber 31, 2013’’ and inserting ‘‘December 31, (a) IN GENERAL.—The following provisions years beginning after December 31, 2013. 2014’’. are each amended by striking ‘‘January 1, SEC. 206. EXTENSION OF RAILROAD TRACK MAIN- (b) CONTRIBUTIONS BY CERTAIN CORPORATE 2014’’ and inserting ‘‘January 1, 2015’’: TENANCE CREDIT. FARMERS AND RANCHERS.—Clause (iii) of sec- (1) Section 9801(c)(2)(D). tion 170(b)(2)(B) is amended by striking ‘‘De- (a) IN GENERAL.—Subsection (f) of section (2) Section 701(c)(2)(C) of the Employee Re- cember 31, 2013’’ and inserting ‘‘December 31, 45G is amended by striking ‘‘January 1, 2014’’ tirement Income Security Act of 1974. 2014’’. and inserting ‘‘January 1, 2015’’. (3) Section 2701(c)(2)(C) of the Public (b) EFFECTIVE DATE.—The amendment (c) EFFECTIVE DATE.—The amendments Health Service Act (as in effect for plan made by this section shall apply to contribu- made by this section shall apply to expendi- years beginning before January 1, 2014). tions made in taxable years beginning after tures paid or incurred in taxable years begin- (4) Section 2704(c)(2)(C) of the Public December 31, 2013. ning after December 31, 2013. Health Service Act (as in effect for plan SEC. 207. EXTENSION OF MINE RESCUE TEAM years beginning on or after January 1, 2014). SEC. 117. EXTENSION OF ABOVE-THE-LINE DE- DUCTION FOR QUALIFIED TUITION TRAINING CREDIT. (b) EFFECTIVE DATE.—The amendments AND RELATED EXPENSES. (a) IN GENERAL.—Subsection (e) of section made by this section shall apply to plan (a) IN GENERAL.—Subsection (e) of section 45N is amended by striking ‘‘December 31, years beginning after December 31, 2013. 222 is amended by striking ‘‘December 31, 2013’’ and inserting ‘‘December 31, 2014’’. SEC. 103. EXTENSION OF COBRA BENEFITS FOR 2013’’ and inserting ‘‘December 31, 2014’’. (b) EFFECTIVE DATE.—The amendment CERTAIN TAA-ELIGIBLE INDIVID- (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable UALS AND PBGC RECIPIENTS. made by this section shall apply to taxable years beginning after December 31, 2013. (a) IN GENERAL.—The following provisions years beginning after December 31, 2013. SEC. 208. EXTENSION OF EMPLOYER WAGE CRED- are each amended by striking ‘‘January 1, SEC. 118. EXTENSION OF TAX-FREE DISTRIBU- IT FOR EMPLOYEES WHO ARE AC- 2014’’ and inserting ‘‘January 1, 2015’’: TIONS FROM INDIVIDUAL RETIRE- TIVE DUTY MEMBERS OF THE UNI- (1) Section 4980B(f)(2)(B)(i)(V). MENT PLANS FOR CHARITABLE PUR- FORMED SERVICES. (2) Section 4980B(f)(2)(B)(i)(VI). POSES. (a) IN GENERAL.—Subsection (f) of section (3) Section 602(2)(A)(v) of the Employee Re- (a) IN GENERAL.—Subparagraph (F) of sec- 45P is amended by striking ‘‘December 31, tirement Income Security Act of 1974. tion 408(d)(8) is amended by striking ‘‘De- 2013’’ and inserting ‘‘December 31, 2014’’.

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(b) EFFECTIVE DATE.—The amendment is amended by striking ‘‘January 1, 2014 UARY 1, 2014’’ and inserting ‘‘PRE-JANUARY 1, made by this section shall apply to payments (January 1, 2015’’ and inserting ‘‘January 1, 2015’’. made after December 31, 2013. 2015 (January 1, 2016’’. (3) Subparagraph (C) of section 168(n)(2) is SEC. 209. EXTENSION OF WORK OPPORTUNITY (c) EXTENSION OF ELECTION TO ACCELERATE amended by striking ‘‘January 1, 2014’’ and TAX CREDIT. THE AMT CREDIT IN LIEU OF BONUS DEPRECIA- inserting ‘‘January 1, 2015’’. (a) IN GENERAL.—Subparagraph (B) of sec- TION.— (4) Subparagraph (D) of section 1400L(b)(2) tion 51(c)(4) is amended by striking ‘‘Decem- (1) IN GENERAL.—Subclause (II) of section is amended by striking ‘‘January 1, 2014’’ and ber 31, 2013’’ and inserting ‘‘December 31, 168(k)(4)(D)(iii) is amended by striking inserting ‘‘January 1, 2015’’. 2014’’. ‘‘2014’’ and inserting ‘‘2015’’. (5) Subparagraph (B) of section 1400N(d)(3) (b) EFFECTIVE DATE.—The amendment (2) ROUND 4 EXTENSION PROPERTY.—Para- is amended by striking ‘‘January 1, 2014’’ and made by this section shall apply to individ- graph (4) of section 168(k) is amended by add- inserting ‘‘January 1, 2015’’. uals who begin work for the employer after ing at the end the following new subpara- (e) EFFECTIVE DATE.—The amendments December 31, 2013. graph: made by this section shall apply to property SEC. 210. EXTENSION OF QUALIFIED ZONE ACAD- ‘‘(K) SPECIAL RULES FOR ROUND 4 EXTENSION placed in service after December 31, 2013, in EMY BONDS. PROPERTY.— taxable years ending after such date. (a) EXTENSION.— ‘‘(i) IN GENERAL.—In the case of round 4 ex- SEC. 216. EXTENSION OF ENHANCED CHARI- (1) IN GENERAL.—Paragraph (1) of section tension property, this paragraph shall be ap- TABLE DEDUCTION FOR CONTRIBU- 54E(c) is amended by striking ‘‘and 2013’’ and plied without regard to— TIONS OF FOOD INVENTORY. inserting ‘‘2013, and 2014’’. ‘‘(I) the limitation described in subpara- (a) IN GENERAL.—Clause (iv) of section (2) EFFECTIVE DATE.—The amendment graph (B)(i) thereof, and 170(e)(3)(C) is amended by striking ‘‘Decem- made by this subsection shall apply to obli- ‘‘(II) the business credit increase amount ber 31, 2013’’ and inserting ‘‘December 31, gations issued after December 31, 2013. under subparagraph (E)(iii) thereof. 2014’’. (b) TECHNICAL CORRECTION AND CONFORMING (b) EFFECTIVE DATE.—The amendment ‘‘(ii) TAXPAYERS PREVIOUSLY ELECTING AC- AMENDMENT.— made by this section shall apply to contribu- CELERATION.—In the case of a taxpayer who N GENERAL.—Clause (iii) of section tions made after December 31, 2013. (1) I made the election under subparagraph (A) 6431(f)(3)(A) is amended— for its first taxable year ending after March SEC. 217. EXTENSION OF INCREASED EXPENSING (A) by striking ‘‘2011’’ and inserting ‘‘years LIMITATIONS AND TREATMENT OF 31, 2008, a taxpayer who made the election after 2010’’, and CERTAIN REAL PROPERTY AS SEC- under subparagraph (H)(ii) for its first tax- (B) by striking ‘‘of such allocation’’ and in- TION 179 PROPERTY. able year ending after December 31, 2008, a serting ‘‘of any such allocation’’. (a) IN GENERAL.— taxpayer who made the election under sub- (2) EFFECTIVE DATE.—The amendments (1) DOLLAR LIMITATION.—Section 179(b)(1) is paragraph (I)(iii) for its first taxable year made by this subsection shall take effect as amended— ending after December 31, 2010, or a taxpayer if included in section 310 of the American (A) by striking ‘‘or 2013’’ in subparagraph who made the election under subparagraph Taxpayer Relief Act of 2012. (B) and inserting ‘‘2013, or 2014’’, and (J)(iii) for its first taxable year ending after (B) by striking ‘‘2013’’ in subparagraph (C) SEC. 211. EXTENSION OF CLASSIFICATION OF December 31, 2012— CERTAIN RACE HORSES AS 3-YEAR and inserting ‘‘2014’’. PROPERTY. ‘‘(I) the taxpayer may elect not to have (2) REDUCTION IN LIMITATION.—Section this paragraph apply to round 4 extension (a) IN GENERAL.—Clause (i) of section 179(b)(2) is amended— 168(e)(3)(A) is amended— property, but (A) by striking ‘‘or 2013’’ in subparagraph (1) by striking ‘‘January 1, 2014’’ in sub- ‘‘(II) if the taxpayer does not make the (B) and inserting ‘‘2013, or 2014’’, and clause (I) and inserting ‘‘January 1, 2015’’, election under subclause (I), in applying this (B) by striking ‘‘2013’’ in subparagraph (C) and paragraph to the taxpayer the bonus depre- and inserting ‘‘2014’’. (2) by striking ‘‘December 31, 2013’’ in sub- ciation amount, maximum amount, and (b) COMPUTER SOFTWARE.—Section clause (II) and inserting ‘‘December 31, 2014’’. maximum increase amount shall be com- 179(d)(1)(A)(ii) is amended by striking ‘‘2014’’ (b) EFFECTIVE DATE.—The amendments puted and applied to eligible qualified prop- and inserting ‘‘2015’’. made by this section shall apply to property erty which is round 4 extension property. (c) ELECTION.—Section 179(c)(2) is amended placed in service after December 31, 2013. The amounts described in subclause (II) shall by striking ‘‘2014’’ and inserting ‘‘2015’’. (d) SPECIAL RULES FOR TREATMENT OF SEC. 212. EXTENSION OF 15-YEAR STRAIGHT-LINE be computed separately from any amounts COST RECOVERY FOR QUALIFIED computed with respect to eligible qualified QUALIFIED REAL PROPERTY.— LEASEHOLD IMPROVEMENTS, property which is not round 4 extension (1) IN GENERAL.—Section 179(f)(1) is amend- QUALIFIED RESTAURANT BUILD- property. ed by striking ‘‘or 2013’’ and inserting ‘‘2013, INGS AND IMPROVEMENTS, AND ‘‘(iii) TAXPAYERS NOT PREVIOUSLY ELECTING or 2014’’. QUALIFIED RETAIL IMPROVEMENTS. ACCELERATION.—In the case of a taxpayer (2) CARRYOVER LIMITATION.— (a) IN GENERAL.—Clauses (iv), (v), and (ix) who neither made the election under sub- (A) IN GENERAL.—Section 179(f)(4) is of section 168(e)(3)(E) are each amended by paragraph (A) for its first taxable year end- amended by striking ‘‘2013’’ each place it ap- striking ‘‘January 1, 2014’’ and inserting ing after March 31, 2008, nor made the elec- pears and inserting ‘‘2014’’. ‘‘January 1, 2015’’. tion under subparagraph (H)(ii) for its first (B) CONFORMING AMENDMENT.—The heading (b) EFFECTIVE DATE.—The amendments taxable year ending after December 31, 2008, of subparagraph (C) of section 179(f)(4) is made by this section shall apply to property nor made the election under subparagraph amended by striking ‘‘2011 AND 2012’’ and in- placed in service after December 31, 2013. (I)(iii) for its first taxable year ending after serting ‘‘2011, 2012, AND 2013’’. SEC. 213. EXTENSION OF 7-YEAR RECOVERY PE- December 31, 2010, nor made the election (e) EFFECTIVE DATE.—The amendments RIOD FOR MOTORSPORTS ENTER- under subparagraph (J)(iii) for its first tax- made by this section shall apply to taxable TAINMENT COMPLEXES. able year ending after December 31, 2012— years beginning after December 31, 2013. (a) IN GENERAL.—Subparagraph (D) of sec- ‘‘(I) the taxpayer may elect to have this SEC. 218. EXTENSION OF ELECTION TO EXPENSE tion 168(i)(15) is amended by striking ‘‘De- paragraph apply to its first taxable year end- MINE SAFETY EQUIPMENT. cember 31, 2013’’ and inserting ‘‘December 31, ing after December 31, 2013, and each subse- (a) IN GENERAL.—Subsection (g) of section 2014’’. quent taxable year, and 179E is amended by striking ‘‘December 31, (b) EFFECTIVE DATE.—The amendment ‘‘(II) if the taxpayer makes the election 2013’’ and inserting ‘‘December 31, 2014’’. made by this section shall apply to property (b) EFFECTIVE DATE.—The amendment placed in service after December 31, 2013. under subclause (I), this paragraph shall only apply to eligible qualified property which is made by this section shall apply to property SEC. 214. EXTENSION OF ACCELERATED DEPRE- placed in service after December 31, 2013. CIATION FOR BUSINESS PROPERTY round 4 extension property. SEC. 219. EXTENSION OF SPECIAL EXPENSING ON AN INDIAN RESERVATION. ‘‘(iv) ROUND 4 EXTENSION PROPERTY.—For purposes of this subparagraph, the term RULES FOR CERTAIN FILM AND TEL- (a) IN GENERAL.—Paragraph (8) of section EVISION PRODUCTIONS. 168(j) is amended by striking ‘‘December 31, ‘round 4 extension property’ means property which is eligible qualified property solely by (a) IN GENERAL.—Subsection (f) of section 2013’’ and inserting ‘‘December 31, 2014’’. 181 is amended by striking ‘‘December 31, (b) EFFECTIVE DATE.—The amendment reason of the extension of the application of 2013’’ and inserting ‘‘December 31, 2014’’. made by this section shall apply to property the special allowance under paragraph (1) (b) EFFECTIVE DATE.—The amendment pursuant to the amendments made by sec- placed in service after December 31, 2013. made by this section shall apply to production 215(a) of the Tax Extenders Act of 2013 SEC. 215. EXTENSION OF BONUS DEPRECIATION. tions commencing after December 31, 2013. (a) IN GENERAL.—Paragraph (2) of section (and the application of such extension to this paragraph pursuant to the amendment made SEC. 220. EXTENSION OF DEDUCTION ALLOW- 168(k) is amended— ABLE WITH RESPECT TO INCOME AT- (1) by striking ‘‘January 1, 2015’’ in sub- by section 215(c) of such Act).’’. TRIBUTABLE TO DOMESTIC PRO- paragraph (A)(iv) and inserting ‘‘January 1, (d) CONFORMING AMENDMENTS.— DUCTION ACTIVITIES IN PUERTO 2016’’, and (1) The heading for subsection (k) of sec- RICO. (2) by striking ‘‘January 1, 2014’’ each place tion 168 is amended by striking ‘‘JANUARY 1, (a) IN GENERAL.—Subparagraph (C) of sec- it appears and inserting ‘‘January 1, 2015’’. 2014’’ and inserting ‘‘JANUARY 1, 2015’’. tion 199(d)(8) is amended— (b) SPECIAL RULE FOR FEDERAL LONG-TERM (2) The heading for clause (ii) of section (1) by striking ‘‘first 8 taxable years’’ and CONTRACTS.—Clause (ii) of section 460(c)(6)(B) 168(k)(2)(B) is amended by striking ‘‘PRE-JAN- inserting ‘‘first 9 taxable years’’, and

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(2) by striking ‘‘January 1, 2014’’ and in- (b) EFFECTIVE DATE.—The amendment SEC. 303. EXTENSION OF CREDIT FOR 2- OR 3- serting ‘‘January 1, 2015’’. made by this section shall apply to contribu- WHEELED PLUG-IN ELECTRIC VEHI- (b) EFFECTIVE DATE.—The amendments tions made in taxable years beginning after CLES. made by this section shall apply to taxable December 31, 2013. (a) IN GENERAL.—Subparagraph (E) of sec- years beginning after December 31, 2013. SEC. 228. EXTENSION OF REDUCTION IN S-COR- tion 30D(g)(3) is amended by striking ‘‘Janu- SEC. 221. EXTENSION OF MODIFICATION OF TAX PORATION RECOGNITION PERIOD ary 1, 2014’’ and inserting ‘‘January 1, 2015’’. TREATMENT OF CERTAIN PAYMENTS FOR BUILT-IN GAINS TAX. (b) EFFECTIVE DATE.—The amendments TO CONTROLLING EXEMPT ORGANI- (a) IN GENERAL.—Subparagraph (C) of sec- made by this section shall apply to vehicles ZATIONS. tion 1374(d)(7) is amended— acquired after December 31, 2013. (a) IN GENERAL.—Clause (iv) of section (1) by striking ‘‘2012 or 2013’’ and inserting 512(b)(13)(E) is amended by striking ‘‘Decem- SEC. 304. EXTENSION OF SECOND GENERATION ‘‘2012, 2013, or 2014’’, and BIOFUEL PRODUCER CREDIT. ber 31, 2013’’ and inserting ‘‘December 31, (2) by striking ‘‘2012 AND 2013’’ in the heading (a) IN GENERAL.—Clause (i) of section 2014’’. and inserting ‘‘2012, 2013, AND 2014’’. (b) EFFECTIVE DATE.—The amendment 40(b)(6)(J) is amended by striking ‘‘January (b) EFFECTIVE DATE.—The amendments 1, 2014’’ and inserting ‘‘January 1, 2015’’. made by this section shall apply to payments made by this section shall apply to taxable (b) EFFECTIVE DATE.—The amendment received or accrued after December 31, 2013. years beginning after December 31, 2013. SEC. 222. EXTENSION OF TREATMENT OF CER- made by this subsection shall apply to fuel SEC. 229. EXTENSION OF EMPOWERMENT ZONE TAIN DIVIDENDS OF REGULATED IN- sold or used after December 31, 2013. TAX INCENTIVES. VESTMENT COMPANIES. SEC. 305. EXTENSION OF INCENTIVES FOR BIO- (a) IN GENERAL.—Clause (i) of section (a) IN GENERAL.—Paragraphs (1)(C)(v) and DIESEL AND RENEWABLE DIESEL. (2)(C)(v) of section 871(k) are each amended 1391(d)(1)(A) is amended by striking ‘‘Decem- ber 31, 2013’’ and inserting ‘‘December 31, (a) CREDITS FOR BIODIESEL AND RENEWABLE by striking ‘‘December 31, 2013’’ and insert- DIESEL USED AS FUEL.—Subsection (g) of sec- ing ‘‘December 31, 2014’’. 2014’’. (b) TREATMENT OF CERTAIN TERMINATION tion 40A is amended by striking ‘‘December (b) EFFECTIVE DATE.—The amendments 31, 2013’’ and inserting ‘‘December 31, 2014’’. made by this section shall apply to taxable DATES SPECIFIED IN NOMINATIONS.—In the (b) EXCISE TAX CREDITS AND OUTLAY PAY- years beginning after December 31, 2013. case of a designation of an empowerment zone the nomination for which included a MENTS FOR BIODIESEL AND RENEWABLE DIESEL SEC. 223. EXTENSION OF RIC QUALIFIED INVEST- termination date which is contemporaneous FUEL MIXTURES.— MENT ENTITY TREATMENT UNDER (1) Paragraph (6) of section 6426(c) is FIRPTA. with the date specified in subparagraph amended by striking ‘‘December 31, 2013’’ and (a) IN GENERAL.—Clause (ii) of section (A)(i) of section 1391(d)(1) of the Internal 897(h)(4)(A) is amended by striking ‘‘Decem- Revenue Code of 1986 (as in effect before the inserting ‘‘December 31, 2014’’. ber 31, 2013’’ and inserting ‘‘December 31, enactment of this Act), subparagraph (B) of (2) Subparagraph (B) of section 6427(e)(6) is 2014’’. such section shall not apply with respect to amended by striking ‘‘December 31, 2013’’ and (b) EFFECTIVE DATE.—The amendment such designation if, after the date of the en- inserting ‘‘December 31, 2014’’. made by this section shall take effect on actment of this section, the entity which (c) EFFECTIVE DATE.—The amendments January 1, 2014. made such nomination amends the nomina- made by this section shall apply to fuel sold SEC. 224. EXTENSION OF SUBPART F EXCEPTION tion to provide for a new termination date in or used after December 31, 2013. FOR ACTIVE FINANCING INCOME. such manner as the Secretary of the Treas- SEC. 306. EXTENSION OF PRODUCTION CREDIT (a) EXEMPT INSURANCE INCOME.—Paragraph ury (or the Secretary’s designee) may pro- FOR INDIAN COAL FACILITIES (10) of section 953(e) is amended— vide. PLACED IN SERVICE BEFORE 2009. (1) by striking ‘‘January 1, 2014’’ and in- (c) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Subparagraph (A) of sec- serting ‘‘January 1, 2015’’, and made by this section shall apply to periods tion 45(e)(10) is amended by striking ‘‘8-year (2) by striking ‘‘December 31, 2013’’ and in- after December 31, 2013. period’’ each place it appears and inserting serting ‘‘December 31, 2014’’. SEC. 230. EXTENSION OF TEMPORARY INCREASE ‘‘9-year period’’. (b) SPECIAL RULE FOR INCOME DERIVED IN IN LIMIT ON COVER OVER OF RUM (b) EFFECTIVE DATE.—The amendment THE ACTIVE CONDUCT OF BANKING, FINANCING, EXCISE TAXES TO PUERTO RICO AND made by this section shall apply to coal pro- OR SIMILAR BUSINESSES.—Paragraph (9) of THE VIRGIN ISLANDS. duced after December 31, 2013. (a) IN GENERAL.—Paragraph (1) of section section 954(h) is amended by striking ‘‘Janu- SEC. 307. EXTENSION OF CREDITS WITH RESPECT ary 1, 2014’’ and inserting ‘‘January 1, 2015’’. 7652(f) is amended by striking ‘‘January 1, TO FACILITIES PRODUCING ENERGY (c) EFFECTIVE DATE.—The amendments 2014’’ and inserting ‘‘January 1, 2015’’. FROM CERTAIN RENEWABLE RE- made by this section shall apply to taxable (b) EFFECTIVE DATE.—The amendment SOURCES. years of foreign corporations beginning after made by this section shall apply to distilled (a) IN GENERAL.—The following provisions December 31, 2013, and to taxable years of spirits brought into the United States after of section 45(d) are each amended by striking United States shareholders with or within December 31, 2013. ‘‘January 1, 2014’’ each place it appears and which any such taxable year of such foreign SEC. 231. EXTENSION OF AMERICAN SAMOA ECO- inserting ‘‘January 1, 2015’’: corporation ends. NOMIC DEVELOPMENT CREDIT. (1) Paragraph (1). SEC. 225. EXTENSION OF LOOK-THRU TREAT- (a) IN GENERAL.—Subsection (d) of section (2) Paragraph (2)(A). MENT OF PAYMENTS BETWEEN RE- 119 of division A of the Tax Relief and Health (3) Paragraph (3)(A). LATED CONTROLLED FOREIGN COR- Care Act of 2006 is amended— (4) Paragraph (4)(B). PORATIONS UNDER FOREIGN PER- (1) by striking ‘‘January 1, 2014’’ each place SONAL HOLDING COMPANY RULES. (5) Paragraph (6). it appears and inserting ‘‘January 1, 2015’’, (6) Paragraph (7). (a) IN GENERAL.—Subparagraph (C) of sec- (2) by striking ‘‘first 8 taxable years’’ in tion 954(c)(6) is amended by striking ‘‘Janu- (7) Paragraph (9). paragraph (1) and inserting ‘‘first 9 taxable (8) Paragraph (11)(B). ary 1, 2014’’ and inserting ‘‘January 1, 2015’’. years’’, and (b) EXTENSION OF ELECTION TO TREAT (b) EFFECTIVE DATE.—The amendment (3) by striking ‘‘first 2 taxable years’’ in QUALIFIED FACILITIES AS ENERGY PROP- made by this section shall apply to taxable paragraph (2) and inserting ‘‘first 3 taxable years of foreign corporations beginning after ERTY.—Clause (ii) of section 48(a)(5)(C) is years’’. amended by striking ‘‘January 1, 2014’’ and December 31, 2013, and to taxable years of (b) EFFECTIVE DATE.—The amendments inserting ‘‘January 1, 2015’’. United States shareholders with or within made by this section shall apply to taxable (c) EFFECTIVE DATES.—The amendments which such taxable years of foreign corpora- years beginning after December 31, 2013. tions end. made by this section shall take effect on TITLE III—ENERGY TAX EXTENDERS SEC. 226. EXTENSION OF TEMPORARY EXCLU- January 1, 2014. SION OF 100 PERCENT OF GAIN ON SEC. 301. EXTENSION OF CREDIT FOR ENERGY- SEC. 308. EXTENSION OF CREDIT FOR ENERGY- CERTAIN SMALL BUSINESS STOCK. EFFICIENT EXISTING HOMES. EFFICIENT NEW HOMES. (a) IN GENERAL.—Paragraph (2) of section (a) IN GENERAL.—Paragraph (4) of section (a) IN GENERAL.—Subsection (g) of section 1202(a) is amended— 25C(g) is amended by striking ‘‘December 31, 45L is amended by striking ‘‘December 31, (1) by striking ‘‘January 1, 2014’’ and in- 2013’’ and inserting ‘‘December 31, 2014’’. 2013’’ and inserting ‘‘December 31, 2014’’. (b) EFFECTIVE DATE.—The amendment serting ‘‘January 1, 2015’’, and (b) EFFECTIVE DATE.—The amendments made by this section shall apply to property (2) by striking ‘‘AND 2013’’ in the heading made by this section shall apply to homes placed in service after December 31, 2013. and inserting ‘‘2013, AND 2014’’. acquired after December 31, 2013. (b) EFFECTIVE DATE.—The amendments SEC. 302. EXTENSION OF CREDIT FOR ALTER- made by this section shall apply to stock ac- NATIVE FUEL VEHICLE REFUELING SEC. 309. EXTENSION OF CREDITS FOR ENERGY- EFFICIENT APPLIANCES. quired after December 31, 2013. PROPERTY. (a) IN GENERAL.—Subsection (b) of section SEC. 227. EXTENSION OF BASIS ADJUSTMENT TO (a) IN GENERAL.—Subsection (g) of section STOCK OF S CORPORATIONS MAK- 30C is amended by striking ‘‘placed in serv- 45M is amended by striking ‘‘or 2013’’ each ING CHARITABLE CONTRIBUTIONS ice’’ and all that follows and inserting place it appears in paragraphs (1)(E), (2)(F), OF PROPERTY. ‘‘placed in service after December 31, 2014.’’. and (3)(F) and inserting ‘‘2013, or 2014’’. (a) IN GENERAL.—Paragraph (2) of section (b) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendments 1367(a) is amended by striking ‘‘December 31, made by this section shall apply to property made by this section shall apply to appli- 2013’’ and inserting ‘‘December 31, 2014’’. placed in service after December 31, 2013. ances produced after December 31, 2013.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.022 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9058 CONGRESSIONAL RECORD — SENATE December 19, 2013 SEC. 310. EXTENSION OF SPECIAL ALLOWANCE S. 1861 ‘‘(A) a bank holding company, as that term FOR SECOND GENERATION BIOFUEL Be it enacted by the Senate and House of Rep- is defined in section 2(a) of the Bank Holding PLANT PROPERTY. resentatives of the United States of America in Company Act of 1956 (12 U.S.C. 1841(a)); or (a) IN GENERAL.—Subparagraph (D) of sec- Congress assembled, ‘‘(B) predominantly engaged in activities tion 168(l)(2) is amended by striking ‘‘Janu- SECTION 1. SHORT TITLE. that the Board of Governors of the Federal ary 1, 2014’’ and inserting ‘‘January 1, 2015’’. This Act may be cited as the ‘‘Taxpayer Reserve System has determined are financial (b) EFFECTIVE DATE.—The amendment Protection and Responsible Resolution Act’’. in nature or incidental to such financial ac- made by this section shall apply to property tivity for purposes of section 4(k) of the placed in service after December 31, 2013. SEC. 2. REPEAL OF TITLE II OF DODD-FRANK WALL STREET REFORM AND CON- Bank Holding Company Act of 1956 (12 U.S.C. SEC. 311. EXTENSION OF PLACED IN SERVICE SUMER PROTECTION ACT. 1843(k)).’’. DATE FOR ELECTION TO EXPENSE (a) IN GENERAL.—Title II of the Dodd- (b) APPLICABILITY OF CHAPTERS.—Section CERTAIN REFINERIES. Frank Wall Street Reform and Consumer 103 of title 11, United States Code, is amend- (a) IN GENERAL.—Subparagraph (B) of sec- Protection Act (Public Law 111–203) is reed— tion 179C(c)(1) is amended by striking ‘‘Janu- pealed and any Federal law amended by such (1) in subsection (a)— ary 1, 2014’’ and inserting ‘‘January 1, 2015’’. title shall, on and after the date of enact- (A) by striking ‘‘section 1161’’ and insert- (b) EFFECTIVE DATE.—The amendment ment of this Act, be effective as if title II of ing ‘‘sections 1161 and 1401’’; and made by this section shall apply to property the Dodd-Frank Wall Street Reform and (B) by striking ‘‘or 13’’ and inserting ‘‘13, placed in service after December 31, 2013. Consumer Protection Act had not been en- or 14’’; and SEC. 312. EXTENSION OF ENERGY EFFICIENT acted. (2) by adding at the end the following: COMMERCIAL BUILDINGS DEDUC- (b) CONFORMING AMENDMENTS.— TION. ‘‘(l) Chapter 14 of this title applies only in (1) DODD-FRANK WALL STREET REFORM AND a case under this title concerning a covered (a) IN GENERAL.—Subsection (h) of section CONSUMER PROTECTION ACT.—The Dodd-Frank financial corporation. 179D is amended by striking ‘‘December 31, Wall Street Reform and Consumer Protec- 2013’’ and inserting ‘‘December 31, 2014’’. ‘‘(m) Except as otherwise provided in chap- tion Act is amended— ter 14 of this title, chapter 11 of this title ap- (b) EFFECTIVE DATE.—The amendment (A) in the table of contents, by striking all plies in a case under chapter 14 of this made by this section shall apply to property items relating to title II; title.’’. placed in service after December 31, 2013. (B) in section 165(d)(6), by striking ‘‘, a re- (c) WHO MAY BEADEBTOR.—Section 109 of SEC. 313. EXTENSION OF SPECIAL RULE FOR ceiver appointed under title II,’’; title 11, United States Code, is amended— SALES OR DISPOSITIONS TO IMPLE- (C) in section 716(g), by striking ‘‘or a cov- (1) in subsection (b)— MENT FERC OR STATE ELECTRIC RE- ered financial company under title II’’; (A) in paragraph (2), by striking ‘‘or’’ at STRUCTURING POLICY FOR QUALI- (D) in section 1105(e)(5), by striking FIED ELECTRIC UTILITIES. the end; ‘‘amount of any securities issued under that (a) IN GENERAL.—Paragraph (3) of section (B) in paragraph (3)(B), by striking the pe- chapter 31 for such purpose shall be treated riod at the end and inserting ‘‘; or’’; 451(i) is amended by striking ‘‘January 1, in the same manner as securities issued (C) by adding at the end the following: 2014’’ and inserting ‘‘January 1, 2015’’. under section 208(n)(5)(E)’’ and inserting (b) EFFECTIVE DATE.—The amendment ‘‘(4) a covered financial corporation.’’; and ‘‘issuances of such securities under that made by this section shall apply to disposi- (2) by adding at the end the following: chapter 31 for such purpose shall by treated ‘‘(i) An entity may be a debtor under chap- tions after December 31, 2013. as public debt transactions of the United ter 14 of this title only if the entity is a cov- SEC. 314. EXTENSION OF ALTERNATIVE FUELS States, and the proceeds from the sale of any EXCISE TAX CREDITS. ered financial corporation.’’. obligations acquired by the Secretary under (a) IN GENERAL.—Sections 6426(d)(5) and this paragraph shall be deposited into the SEC. 4. LIQUIDATION, REORGANIZATION, OR RE- 6426(e)(3) are each amended by striking ‘‘De- Treasury of the United States as miscella- CAPITALIZATION OF A COVERED FI- NANCIAL CORPORATION. cember 31, 2013’’ and inserting ‘‘December 31, neous receipts’’; and (a) IN GENERAL.—Title 11, United States 2014’’. (E) in section 1106(c)(2)(A)— (b) OUTLAY PAYMENTS FOR ALTERNATIVE Code, is amended by inserting before chapter (i) in clause (i), by inserting ‘‘, other than FUELS.—Subparagraph (C) of section 15 the following: a covered financial corporation (as defined in 6427(e)(6) is amended by striking ‘‘December section 101(9A) of title 11, United States ‘‘CHAPTER 14—LIQUIDATION, REORGA- 31, 2013’’ and inserting ‘‘December 31, 2014’’. Code),’’ after ‘‘company’’; and NIZATION, OR RECAPITALIZATION OF A (c) EFFECTIVE DATE.—The amendments (ii) in clause (ii), by inserting ‘‘, other than COVERED FINANCIAL CORPORATION made by this section shall apply to fuel sold a covered financial corporation (as defined in ‘‘Sec. or used after December 31, 2013. section 101(9A) of title 11, United States ‘‘1401. Inapplicability of other sections. SEC. 315. EXTENSION OF ALTERNATIVE FUELS Code),’’ after ‘‘company’’. ‘‘1402. Definitions for this chapter. EXCISE TAX CREDITS RELATING TO ‘‘1403. Commencement of a case concerning a LIQUEFIED HYDROGEN. (2) FEDERAL DEPOSIT INSURANCE ACT.—Sec- tion 10(b)(3)(A) of the Federal Deposit Insur- covered financial corporation. (a) IN GENERAL.—Sections 6426(d)(5) and ‘‘1404. Regulators. 6426(e)(3), as amended by this Act, are each ance Act (12 U.S.C. 1820(b)(3)(A)) is amended ‘‘1405. Special trustee and bridge company. amended by striking ‘‘2014 (September 30, by striking ‘‘, or of such nonbank financial ‘‘1406. Special transfer of property of the es- 2014 in the case of any sale or use involving company supervised by the Board of Gov- tate. liquefied hydrogen)’’ and inserting ‘‘2014’’. ernors or bank holding company described in section 165(a) of the Financial Stability Act ‘‘1407. Automatic stay; assumed debt. (b) OUTLAY PAYMENTS FOR ALTERNATIVE of 2010, for the purpose of implementing its ‘‘1408. Treatment of qualified financial con- FUELS.—Paragraph (6) of section 6427(e) is tracts and affiliate contracts. amended— authority to provide for orderly liquidation ‘‘1409. Licenses, permits, and registrations. (1) by striking ‘‘except as provided in sub- of any such company under title II of that ‘‘1410. Exemption from securities laws. paragraph (D), any’’ in subparagraph (C), as Act’’. ‘‘1411. Inapplicability of certain avoiding amended by this Act, and inserting ‘‘any’’, (3) FEDERAL RESERVE ACT.—Section 13(3) of powers. and the Federal Reserve Act (12 U.S.C. 343(3)) is (2) by striking subparagraph (D) and redes- amended— ‘‘§ 1401. Inapplicability of other sections ignating subparagraph (E) as subparagraph (A) in subparagraph (B)— ‘‘Sections 321(c) and 322(b) do not apply in (D). (i) in clause (ii), by striking ‘‘, resolution a case under this chapter. under title II of the Dodd-Frank Wall Street (c) EFFECTIVE DATE.—The amendments ‘‘§ 1402. Definitions for this chapter made by this section shall apply to fuels sold Reform and Consumer Protection Act, or’’ ‘‘In this chapter, the following definitions or used after September 30, 2014. and inserting ‘‘or is subject to resolution under’’; and shall apply: By Mr. CORNYN (for himself and (ii) in clause (iii), by striking ‘‘, resolution ‘‘(1) The term ‘Board’ means the Board of under title II of the Dodd-Frank Wall Street Governors of the Federal Reserve System. Mr. TOOMEY): Reform and Consumer Protection Act, or’’ ‘‘(2) The term ‘bridge company’ means a S. 1861. A bill to save taxpayer money and inserting ‘‘or resolution under’’; and newly-formed corporation the equity securi- and end bailouts of financial institu- (B) by striking subparagraph (E). ties of which are transferred to a special tions by providing for a process to SEC. 3. GENERAL PROVISIONS RELATING TO COV- trustee under section 1405(a). allow financial institutions to go bank- ERED FINANCIAL CORPORATIONS. ‘‘(3) The term ‘capital structure debt’ rupt; to the Committee on the Judici- (a) DEFINITION.—Section 101 of title 11, means debt, other than a qualified financial ary. United States Code, is amended by inserting contract, of the debtor for borrowed money Mr. CORNYN. Mr. President, I ask the following after paragraph (9): with an original maturity of at least 1 year. unanimous consent that the text of the ‘‘(9A) The term ‘covered financial corpora- ‘‘(4) The term ‘contractual right’ means a tion’ means any corporation incorporated or contractual right as defined in section 555, bill be printed in the RECORD. organized under any Federal or State law, 556, 559, or 560. There being no objection, the text of other than a stockbroker, a commodity ‘‘(5) The term ‘qualified financial contract’ the bill was ordered to be printed in broker, or an entity of the kind specified in means any contract of a kind specified in the RECORD, as follows: paragraph (2) or (3) of section 109(b), that is— paragraph (25), (38A), (47), or (53B) of section

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.022 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9059 101, section 741(7), or paragraph (4), (5), (11), ‘‘(3) Notwithstanding paragraph (2), the cable nonbankruptcy law, and the actions or (13) of section 761. bankruptcy court shall order relief in a case and conduct of the special trustee shall no ‘‘§ 1403. Commencement of a case concerning commenced under subsection (a)(2) if the longer be subject to approval by the court in a covered financial corporation debtor consents to the order. the case under this chapter. ‘‘(a) A case under this chapter may be com- ‘‘§ 1404. Regulators ‘‘§ 1406. Special transfer of property of the es- menced by the filing of a petition with the ‘‘(a) The Board may raise and may appear tate bankruptcy court— and be heard on any issue in any case or pro- ‘‘(a) On request of the trustee or the Board, ‘‘(1) under section 301; or ceeding under this title relevant to the regu- and after notice and hearing and not less ‘‘(2) by the Board, only if— lation of the debtor by the Board or to finan- than 24 hours after the commencement of ‘‘(A) the Board certifies in the petition cial stability in the United States. the case, the court may order a transfer that it has determined that— ‘‘(b) The Federal Deposit Insurance Cor- under this section of property of the estate ‘‘(i) the covered financial corporation— poration may raise and may appear and be to a bridge company. Except as provided ‘‘(I) has incurred losses that will deplete heard on any issue in any case or proceeding under this section, the provisions of section all or substantially all of the capital of the under this title in connection with a transfer 363 shall apply to a transfer under this sec- covered financial corporation, and there is under section 1406. tion. no reasonable prospect for the covered finan- ‘‘§ 1405. Special trustee and bridge company ‘‘(b) Unless the court orders otherwise, notice of a request for an order under sub- cial corporation to avoid such depletion; ‘‘(a) On request of the trustee or the Board, section (a) shall consist of electronic or tele- ‘‘(II) is insolvent; the court may order the trustee to appoint 1 phonic notice of not less than 24 hours to— ‘‘(III) is not paying or is unable to pay the special trustee and transfer to the special ‘‘(1) the debtor; debts of the covered financial corporation trustee all of the equity securities in a cor- ‘‘(2) the trustee; (other than debts subject to a bona fide dis- poration to hold in trust for the sole benefit ‘‘(3) the holders of the 20 largest secured pute as to liability or amount) as they be- of the estate, if— claims against the debtor; come due; or ‘‘(1) the corporation does not have any ‘‘(4) the holders of the 20 largest unsecured ‘‘(IV) is likely to be in a financial condi- property, executory contracts, unexpired claims against the debtor; tion specified in subclause (I), (II), or (III) leases, or debts, other than any property ac- ‘‘(5) the Board; sufficiently soon such that the immediate quired or executory contracts, unexpired ‘‘(6) the Federal Deposit Insurance Cor- commencement of a case under this chapter leases, or debts assumed when acting as a poration; concerning the covered financial corporation transferee of a transfer under section 1406; ‘‘(7) the Secretary of the Treasury; is necessary to prevent imminent substantial ‘‘(2) the equity securities of the corpora- ‘‘(8) the United States trustee; and harm to financial stability in the United tion are property of the estate; and ‘‘(9) each primary financial regulatory States; and ‘‘(3) the court approves— agency, as defined in section 2(12) of the ‘‘(ii) the commencement of a case under ‘‘(A) the trust agreement governing the Dodd-Frank Wall Street Reform and Con- this chapter concerning the covered finan- special trustee; sumer Protection Act (12 U.S.C. 5301(12)), cial corporation and the effect of a transfer ‘‘(B) the governing documents of the cor- with respect to any affiliate that is proposed under section 1406 is necessary to prevent poration; and imminent substantial harm to financial sta- to be transferred under this section. ‘‘(C) the identity of— ‘‘(c) The court may not order a transfer bility in the United States; and ‘‘(i) the special trustee; and under this section unless the court deter- ‘‘(B) the bankruptcy court determines, ‘‘(ii) the directors and senior officers of the mines, based upon a preponderance of the after a hearing described in subsection (b), corporation. evidence, that— that the Board has shown by a preponder- ‘‘(b) The trust agreement governing the ‘‘(1) the transfer under this section is nec- ance of the evidence that the requirements special trustee shall provide— essary to prevent imminent substantial under subparagraph (A) have been satisfied. ‘‘(1) for the payment of the costs and ex- harm to financial stability in the United ‘‘(b)(1) A hearing described in this sub- penses of the special trustee from the assets States; section is a hearing held not later than 12 of the trust and not from the property of the ‘‘(2) the proposed transfer does not provide hours after the Board makes a certification estate; for the assumption of any capital structure under subsection (a)(2)(A), with notice only ‘‘(2) that the special trustee provide— debt by the bridge company; to— ‘‘(A) periodic reporting to the estate; and ‘‘(3) the proposed transfer provides for the ‘‘(A) the covered financial corporation; ‘‘(B) information about the bridge com- transfer of any accounts of depositors of the ‘‘(B) the Federal Deposit Insurance Cor- pany as reasonably requested by a party in debtor that are insured by the Federal De- poration; and interest to prepare a disclosure statement posit Insurance Company to the bridge com- ‘‘(C) the Secretary of the Treasury. for a plan providing for distribution of any pany; and ‘‘(2) Only the Board and the entities listed securities of the bridge company, if such in- ‘‘(4) the Board certifies to the court that in paragraph (1) may attend or participate in formation is necessary to prepare such dis- the Board has determined that the bridge a hearing described in this subsection. Tran- closure statement; company provides adequate assurance of fu- scripts of such hearing shall be sealed until ‘‘(3) that the special trustee provide notice ture performance of any executory contract the end of the case. to and consult with parties in interest in the or unexpired leased assumed and assigned to ‘‘(c)(1) The covered financial corporation case in connection with— the bridge company, and of payment of any may file an appeal in the district court of a ‘‘(A) any change in a director or senior of- debt assumed by the bridge company, in the determination made by the bankruptcy ficer of the bridge company; transfer under this section. court under subsection (a)(2)(B) not later ‘‘(B) any modification to the governing than 12 hours after the bankruptcy court documents of the bridge company; and ‘‘§ 1407. Automatic stay; assumed debt makes such determination, with notice only ‘‘(C) any major corporate action of the ‘‘(a)(1) A petition filed under section 301 or to the entities listed in subsection (b)(1) and bridge company, including— 1403 operates as a stay, applicable to all enti- the Board. ‘‘(i) recapitalization; ties, of the termination or modification of ‘‘(2) The district judge specified under sec- ‘‘(ii) a liquidity borrowing; any debt, contract, lease, or agreement de- tion 298(c)(1) of title 28 for the judicial cir- ‘‘(iii) termination of an intercompany debt scribed in paragraph (2), or of any right or cuit in which the case is pending shall hear or guarantee; obligation under any such debt, contract, the appeal under paragraph (1) and review ‘‘(iv) a transfer of a substantial portion of lease or agreement, solely because of— within 12 hours the determination of the the assets of the bridge company; or ‘‘(A) a default by the debtor under any bankruptcy court under subsection (a)(2)(B) ‘‘(v) the issuance or sale of any securities such debt, contract, lease, or agreement; or for abuse of discretion. of the bridge company; ‘‘(B) a provision in such debt, contract, ‘‘(d)(1) The commencement of a case under ‘‘(4) that the proceeds of the sale of any eq- lease, or agreement or in applicable non- subsection (a)(1) constitutes an order for re- uity securities of the bridge company by the bankruptcy law that is conditioned on— lief under this chapter. special trustee be held in trust for the ben- ‘‘(i) the insolvency or financial condition ‘‘(2) In a case commenced under subsection efit of or transferred to the estate; and of the debtor at any time before the closing (a)(2), the bankruptcy court shall imme- ‘‘(5) that the property held in trust by the of the case; diately order relief under this chapter if— special trustee is subject to distribution in ‘‘(ii) the commencement of a case under ‘‘(A) the bankruptcy court makes a deter- accordance with the plan and subsection (c). this title concerning the debtor; mination under subsection (a)(2)(B) that the ‘‘(c) The special trustee shall distribute the ‘‘(iii) the appointment of or taking posses- requirements of subsection (a)(2)(A) have assets held in trust in accordance with the sion by a trustee in a case under this title been satisfied; and plan on the effective date of the plan, after concerning the debtor or by a custodian be- ‘‘(B)(i) the period for appeal under sub- which time the office of the special trustee fore the commencement of the case; or section (c)(1) has passed without an appeal shall terminate, except as may be necessary ‘‘(iv) a credit rating agency rating, or ab- having been filed; or to wind up and conclude the business and fi- sence or withdrawal of a credit rating agency ‘‘(ii) the district court affirms the deter- nancial affairs of the trust. rating— mination of the bankruptcy court under sub- ‘‘(d) After a transfer under section 1406, the ‘‘(I) of the debtor at any time after the section (c)(2). special trustee shall be subject only to appli- commencement of the case;

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.025 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9060 CONGRESSIONAL RECORD — SENATE December 19, 2013 ‘‘(II) of an affiliate during the 48 hours ‘‘(ii) a change in control of any party to signed to and assumed by the bridge com- after the commencement of the case; or the debt, contract, lease, or agreement. pany; and ‘‘(III) while the special trustee is a direct ‘‘(2) If there has been a default by the debt- ‘‘(4) all property securing or any other or indirect beneficial holder of more than 50 or of a provision other than the kind de- credit enhancement furnished by the debtor percent of the equity securities of the bridge scribed in paragraph (1) in a debt, contract, for any qualified financial contract described company— lease or agreement of the kind described in in paragraph (1) or any claim described in ‘‘(aa) of the bridge company; or subsection (a)(2)(A) or (a)(2)(B), the bridge paragraph (2) or (3) under any qualified fi- ‘‘(bb) of an affiliate, if all of the direct or company may assume such debt, contract, nancial contract between the entity and the indirect interests in the affiliate that are lease, or agreement only if the bridge com- debtor is assigned to and assumed by the property of the estate are transferred under pany— bridge company. section 1406. ‘‘(A) cures, or provides adequate assurance ‘‘(d) Section 365(b)(1) does not apply to a ‘‘(2) A debt, contract, lease, or agreement to the court in connection with a transfer default under a qualified financial contract described in this paragraph is— under section 1406 that the bridge company of the debtor that is assumed and assigned in ‘‘(A) any debt (other than capital structure will promptly cure, the default; a transfer under section 1406 if the default— debt), executory contract (other than a ‘‘(B) compensates, or provides adequate as- ‘‘(1) is a breach of a provision of the kind qualified financial contract), or unexpired surance to the court in connection with a specified in section 1407(a)(1)(B)(iv); and lease of the debtor; transfer under section 1406 that the bridge ‘‘(2) in the case of a breach of a provision ‘‘(B) any agreement under which the debt- company will promptly compensate, a party of the kind specified in section or issued or is obligated for debt (other than other than the debtor to the debt, contract, 1407(a)(1)(B)(iv)(III), occurs while the bridge capital structure debt); lease, or agreement, for any actual pecu- company is a direct or indirect beneficial ‘‘(C) any debt, executory contract (other niary loss to the party resulting from the de- holder of more than 50 percent of the equity than a qualified financial contract), or unex- fault; and securities of the affiliate. pired lease of an affiliate; or ‘‘(C) provides adequate assurance to the ‘‘(e) Notwithstanding any provision in a ‘‘(D) any agreement under which an affil- court in connection with a transfer under qualified financial contract or in applicable iate issued or is obligated for debt. section 1406 of future performance under the nonbankruptcy law, a qualified financial ‘‘(3) The stay under this subsection termi- debt, contract, lease, or agreement. contract of the debtor that is assumed or as- nates— signed in a transfer under section 1406 may ‘‘(A) as to the debtor, upon the earliest of— ‘‘§ 1408. Treatment of qualified financial con- not be terminated or modified, and any right ‘‘(i) 48 hours after the commencement of tracts and affiliate contracts or obligation under the qualified financial the case; ‘‘(a) Notwithstanding sections 362(b)(6), contract may not be terminated or modified, ‘‘(ii) assumption of the debt, contract, or 362(b)(7), 362(b)(17), 362(b)(27), 555, 556, 559, 560, for a breach of a provision of the kind speci- lease under an order authorizing a transfer and 561, a petition filed under section 301 or fied in section 1407(b) at any time after the under section 1406; or 1403 operates as a stay, during the period entry of an order under section 1406 until ‘‘(iii) a determination by the court not to specified in section 1407(a)(3)(A), applicable such time as the special trustee is no longer order a transfer under section 1406; and to all entities, of the exercise of a contrac- the direct or indirect beneficial holder of ‘‘(B) as to an affiliate, upon the earliest tual right— more than 50 percent of the equity securities of— ‘‘(1) to cause the liquidation or termi- of the bridge company. ‘‘(i) entry of an order authorizing a trans- nation of a qualified financial contract of ‘‘(f) Notwithstanding any provision in any fer under section 1406 in which the direct or the debtor or an affiliate; or agreement or in applicable nonbankruptcy indirect interests in the affiliate that are ‘‘(2) to offset or net out any termination law, an agreement of an affiliate (including property of the estate are not transferred value, payment amount, or other transfer an executory contract, unexpired lease, or under section 1406; obligation arising under or in connection agreement under which the affiliate issued ‘‘(ii) a determination by the court not to with a qualified financial contract of the or is obligated for debt), and any right or ob- order a transfer under section 1406; or debtor or an affiliate; or ligation under such agreement, may not be ‘‘(iii) 48 hours after the commencement of ‘‘(3) under any security agreement or ar- terminated or modified at any time after the the case, if the court has not ordered a trans- rangement or other credit enhancement commencement of the case solely because of fer under section 1406. forming a part of or related to a qualified fi- a condition described in section 1407(b) if— ‘‘(4) Sections 362(d), 362(e), 362(f), and 362(g) nancial contract of the debtor or an affiliate. ‘‘(1) all direct or indirect interests in the apply to a stay under this subsection. ‘‘(b)(1) During the period specified in sec- affiliate that are property of the estate are ‘‘(b) A debt, executory contract (other than tion 1407(a)(3)(A), the trustee or the affiliate transferred under section 1406 to the bridge a qualified financial contract), or unexpired shall perform all payment and delivery obli- company within the period specified in sub- lease of the debtor, or an agreement under gations under a qualified financial contract section (a); which the debtor has issued or is obligated of the debtor or the affiliate, respectively, ‘‘(2) the bridge company assumes— for any debt, may be assumed by a bridge that become due after the commencement of company in a transfer under section 1406 not- ‘‘(A) any guarantee or other credit en- the case. The stay provided under subsection withstanding any provision in an agreement hancement issued by the debtor relating to (a) terminates as to a qualified financial con- or in applicable nonbankruptcy law that— the agreement of the affiliate; and tract of the debtor or an affiliate imme- ‘‘(1) prohibits, restricts, or conditions the ‘‘(B) any right of setoff, netting arrange- diately upon the failure of the trustee or the assignment of the debt, contract, lease, or ment, or debt of the debtor that directly affiliate, respectively, to perform any such agreement; or arises out of or directly relates to the guar- obligation during such period. ‘‘(2) terminates or modifies, or permits a ‘‘(2) A counterparty to any qualified finan- antee or credit enhancement; and party other than the debtor to terminate or cial contract of the debtor that is assumed ‘‘(3) any property of the estate that di- modify, the debt, contract, lease, or agree- and assigned in a transfer under section 1406 rectly serves as collateral for the guarantee ment on account of— or credit enhancement is transferred to the ‘‘(A) the assignment of the debt, contract, may perform any unperformed payment or delivery obligation under the qualified finan- bridge company. lease, or agreement; or ‘‘§ 1409. Licenses, permits, and registrations ‘‘(B) a change in control of any party to cial contract promptly after the assumption the debt, contract, lease, or agreement. and assignment with the same effect as if the ‘‘(a) Notwithstanding any otherwise appli- ‘‘(c)(1) A debt, contract, lease, or agree- counterparty had timely performed such ob- cable nonbankruptcy law, if a request is ment of the kind described in subsection ligations. made under section 1406 for a transfer of (a)(2)(A) or (a)(2)(B) may not be terminated ‘‘(c) A qualified financial contract between property of the estate, any Federal, State, or or modified, and any right or obligation an entity and the debtor may not be assigned local license, permit, or registration that the under such debt, contract, lease, or agree- to or assumed by the bridge company in a debtor or an affiliate had immediately before ment may not be terminated or modified, as transfer under section 1406 unless— the commencement of the case and that is to the bridge company solely because of a ‘‘(1) all qualified financial contracts be- proposed to be transferred under section 1406 provision in the debt, contract, lease, or tween the entity and the debtor are assigned may not be terminated or modified at any agreement or in applicable nonbankruptcy to and assumed by the bridge company in the time after the request solely on account of— law— transfer under section 1406; ‘‘(1) the insolvency or financial condition ‘‘(A) of the kind described in subsection ‘‘(2) all claims of the entity against the of the debtor at any time before the closing (a)(1)(B) as applied to the debtor; debtor under any qualified financial contract of the case; ‘‘(B) that prohibits, restricts, or conditions between the entity and the debtor (other ‘‘(2) the commencement of a case under the assignment of the debt, contract, lease, than any claim that, under the terms of the this title concerning the debtor; or agreement; or qualified financial contract, is subordinated ‘‘(3) the appointment of or taking posses- ‘‘(C) that terminates or modifies, or per- to the claims of general unsecured creditors) sion by a trustee in a case under this title mits a party other than the debtor to termi- are assigned to and assumed by the bridge concerning the debtor or by a custodian be- nate or modify, the debt, contract, lease or company; fore the commencement of the case; or agreement, on account of— ‘‘(3) all claims of the debtor against the en- ‘‘(4) a transfer under section 1406. ‘‘(i) the assignment of the debt, contract, tity under any qualified financial contract ‘‘(b) Notwithstanding any otherwise appli- lease, or agreement; or between the entity and the debtor are as- cable nonbankruptcy law, any Federal,

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.025 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9061 State, or local license, permit, or registra- which the case is pending, the district judge with disabilities about what they can tion that the debtor had immediately before shall be temporarily assigned to the district. hope to achieve at work and in life, and the commencement of the case that is in- ‘‘(d) A case under chapter 14 of title 11, and in inspiring Americans to view dis- cluded in a transfer under section 1406 shall all proceedings in the case, shall take place ability issues through the lens of vest in the bridge company. in the district in which the case is pending. ‘‘(e) In this section, the terms ‘covered fi- equality and opportunity. ‘‘§ 1410. Exemption from securities laws Before the ADA, life was very dif- ‘‘For purposes of section 1145, a security of nancial corporation’ and ‘financial institu- the bridge company shall be deemed to be a tion’ have the meaning given such terms in ferent for people with disabilities in security of a successor to the debtor under a section 101 of title 11.’’. Iowa and across the country. Being an plan if the court approves the disclosure (b) AMENDMENT TO SECTION 1334.—Section American with a disability meant not statement for the plan as providing adequate 1334 of title 28, United States Code, is amend- being able to ride on a bus because information (as defined in section 1125(a)) ed by adding at the end the following: there was no lift, not being able to at- about the bridge company and the security. ‘‘(f) This section does not grant jurisdic- tend a concert or ballgame because tion to the district courts after a transfer ‘‘§ 1411. Inapplicability of certain avoiding there was no accessible seating, and powers pursuant to an order under section 1406 of title 11— not being able to cross the street in a ‘‘Except with respect to a capital structure ‘‘(1) of any proceeding related to a special wheelchair because there were no curb debt, a transfer made or an obligation in- trustee appointed, or to a bridge company cuts. In short, it meant not being able curred by the debtor, including any obliga- formed, under section 1405 of title 11; or tion released by the debtor or the estate, to to work or participate in community ‘‘(2) over the property held in trust by the or for the benefit of an affiliate in a transfer life. Discrimination was both common- special trustee, the bridge company, or the under section 1406, is not avoidable under place and accepted. property of the bridge company.’’. section 544, 547, 548(a)(1)(B), or 549, or under Since then, we have made amazing (c) TECHNICAL AND CONFORMING AMEND- any similar nonbankruptcy law.’’. progress. The ADA literally trans- MENT.—The table of sections for chapter 13 of (b) TECHNICAL AND CONFORMING AMEND- title 28, United States Code, is amended by formed the American landscape by re- MENT.—The table of chapters for title 11, adding at the end the following: quiring that architectural and commu- United States Code, is amended by inserting nications barriers be removed and re- after the item relating to chapter 13 the fol- ‘‘298. Judge for a case under chapter 14 of lowing: title 11.’’. placed with accessible features such as ‘‘14 Liquidation, reorganization, or SEC. 6. LIMITATION ON ADVANCES FROM A FED- ramps, lifts, curb cuts, widening door- recapitalization of a covered fi- ERAL RESERVE BANK. ways, and closed captioning. More im- nancial corporation ...... 1401’’. Section 10B(b) of the Federal Reserve Act portantly, the ADA gave millions of SEC. 5. AMENDMENTS TO TITLE 28, UNITED (12 U.S.C. 347b(b)) is amended— Americans the opportunity to partici- STATES CODE. (1) by redesignating paragraph (5) as para- pate in their communities. (a) AMENDMENT TO CHAPTER 13.—Chapter 13 graph (6); The ADA stands for a simple, uni- of title 28, United States Code, is amended by (2) by inserting after paragraph (4) the fol- versal proposition—that disability is a lowing: adding at the end the following: natural part of the human experience ‘‘(5) LIMITATION ON ADVANCES TO COVERED ‘‘§ 298. Judge for a case under chapter 14 of and that all people with disabilities title 11 FINANCIAL CORPORATIONS AND BRIDGE COMPA- NIES.—Notwithstanding paragraph (2), a Fed- have a right to make choices, pursue ‘‘(a) Notwithstanding section 295, the Chief meaningful careers, and participate Justice of the United States shall designate eral Reserve bank may not make advances to not less than 1 district judge from each cir- any covered financial corporation that is a fully in all aspects of society. cuit to be available to hear an appeal under debtor in a pending case under chapter 14 of One of the four great goals of the section 158(a) in a case under title 11 con- title 11, United States Code, or to a bridge ADA is to assure equality of oppor- cerning a covered financial corporation or company, for the purpose of providing debt- tunity. The opportunity for an indi- under section 1403(c) of title 11. or-in-possession financing pursuant to sec- vidual to be judged based on his or her ‘‘(b)(1) Notwithstanding section 295, the tion 364 of such title.’’; and (3) in paragraph (6), as redesignated— talents, skills, and abilities rather Chief Justice of the United States shall des- than stigmatizing labels; to be included ignate a panel of not less than 10 bankruptcy (A) by redesignating subparagraphs (B) judges, who are experts in cases under title through (E) as subparagraphs (D) through with non-disabled peers; and ulti- 11 in which a financial institution is a debt- (G), respectively; and mately, the opportunity to be success- or, to be available to hear a case under chap- (B) by inserting after subparagraph (A) the ful. That is the minimum that any inter 14 of title 11. following: dividual with a disability should ex- ‘‘(2) Notwithstanding section 295, a case ‘‘(B) BRIDGE COMPANY.—The term ‘bridge pect, and it is our responsibility to under chapter 14 of title 11 shall be heard company’ has the same meaning as in sec- make that happen. tion 1402(2) of title 11, United States Code. under section 157 by a bankruptcy judge des- More than two years ago I met Keith ‘‘(C) COVERED FINANCIAL CORPORATION.— ignated under paragraph (1), who shall be as- Nolan, a young man who is deaf and signed to hear such case by the chief judge of The term ‘covered financial corporation’ has the court of appeals for the circuit embrac- the same meaning as in section 101(9A) of whose life goal is to be a military offi- ing the district in which the case is pending. title 11, United States Code.’’. cer. Keith enrolled in and completed ‘‘(3) If the bankruptcy judge designated the first two levels of Army ROTC in and assigned to hear a case under paragraphs By Mr. HARKIN: California. (1) and (2) is not assigned to the district in S. 1864. A bill to require a demonstra- As a ROTC cadet Keith participated which the case is pending, the bankruptcy tion program on the accession as Air in all classes, labs, and physical train- judge shall be temporarily assigned to the Force officers of candidates with audi- ing. He had interpreters provided by district. tory impairments; to the Committee ‘‘(c)(1) Notwithstanding section 295, an ap- his school program for classes and peal under section 158(a) in a case under title on Armed Services. training, but not for physical training 11 concerning a covered financial corpora- Mr. HARKIN. Mr. President, ensuring which he did without an interpreter. tion or under section 1403(c) of title 11 shall equal opportunities and equal rights Still, he participated fully in a Fall be heard by a district judge who— for individuals with disabilities has Field Training Exercise where the ca- ‘‘(A) is the district judge designated under been one of my highest priorities dur- dets spent a weekend working on tac- subsection (a) from the circuit in which the ing my time in Congress. As the lead tics. He also earned a German Army case is pending; Senate sponsor of the Americans with Forces Badge for Military Proficiency ‘‘(B) if more than 1 district judge has been Disabilities Act, I still remember the designated under subsection (a) from the cir- becoming the only cadet in his squad cuit in which the case is pending, is 1 such day that legislation was signed into to get the highest decoration. Overall, district judge who is designated by the chief law, July 26, 1990, as one of the proud- he excelled in the ROTC program. judge of that circuit to hear the case; or est days of my legislative career. However, Keith was not allowed to ‘‘(C) if none of the district judges des- The Americans with Disabilities Act continue in ROTC due to Department ignated under subsection (a) for the circuit is one of the landmark civil rights laws of Defense rules that exclude individ- in which the case is pending are immediately of the 20th century—a long overdue uals who are deaf or hard of hearing. available, is designated under subsection (a) emancipation proclamation for Ameri- Keith has a master’s degree, and if not from another circuit and has been designated cans with disabilities. The ADA has for Department of Defense rules ex- by the Chief Justice of the United States to hear the case. played a huge role in making our coun- cluding individuals who are deaf, would ‘‘(2) If the district judge specified in para- try more accessible and more inclusive, have qualified for Officer Candidate graph (1) is not assigned to the district in in raising the expectations of people School.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.025 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9062 CONGRESSIONAL RECORD — SENATE December 19, 2013 My experience with Keith, as well as uals with auditory impairments (including training, and such other duties as the Sec- my long-standing advocacy to provide deafness) to access as officers of the Air retary of the Air Force may assign to facili- to persons with disabilities the same Force. tate the success of the demonstration pro- (b) CANDIDATES.— rights as every other American, have gram and participants. (1) NUMBER OF CANDIDATES.—The total (f) REPORT.—Not later than two years after convinced me that individuals with dis- number of individuals with auditory impair- the date of the enactment of this Act, the abilities can meaningfully contribute ments who may participate in the dem- Secretary of the Air Force shall submit to to our Armed Forces and should have onstration program shall be not fewer than the appropriate committees of Congress a re- the opportunity to do so. 15 individuals or more than 20 individuals. port on the demonstration program. The re- I know that there is some hesitation (2) MIX AND RANGE OF AUDITORY IMPAIR- port shall include the following: among the service branches in having MENTS.—The individuals who participate in (1) A description of the demonstration pro- the demonstration program shall include in- gram and the participants in the demonstra- individuals who are deaf or hard of dividuals who are deaf and individuals who tion program. hearing serve in the active military. have a range of other auditory impairments. (2) The outcome of the demonstration pro- But I know, just as we have found (3) QUALIFICATION FOR ACCESSION.—Any in- gram, including— under the ADA for the last 23 years, dividual who is chosen to participate in the (A) the number of participants in the dem- people with disabilities can accomplish demonstration program shall meet all essen- onstration program that successfully com- great things if they are provided with tial qualifications for accession as an officer pleted the Basic Officer Training course or the same opportunities the rest of us in the Air Force, other than those related to the Commissioned Officer Training course; having an auditory impairment. take for granted. Keith Nolan is one (B) the number of participants in the dem- (c) SELECTION OF PARTICIPANTS.— onstration program that were recommended exceptional young man, the kind the (1) IN GENERAL.—The Secretary of the Air for continued military service; military would be proud to have among Force shall— (C) the issues that were encountered dur- its ranks and I bet there are probably a (A) publicize the demonstration program ing the program; and few other Keith Nolans out there eager nationally, including to individuals who (D) such recommendation for modifica- to serve. have auditory impairments and would be tions to the demonstration program as the That is why today, on the day the otherwise qualified for officer training; Secretary considers appropriate to increase (B) create a process whereby interested in- further inclusion of individuals with audi- Senate considers the National Defense dividuals can apply for the demonstration Authorization Act, I am introducing tory disabilities serving as officers in the Air program; and Force or other Armed Forces. legislation which would create a small (C) select the participants for the dem- (3) Such recommendations for legislative demonstration program for 15–20 highly onstration program, from among the pool of or administrative action as the Secretary intelligent, deaf and hard of hearing applicants, based on the criteria in sub- considers appropriate in light of the dem- men and women, in top physical condi- section (b). onstration program. tion, to enter the Air Force’s Basic Of- (2) NO PRIOR SERVICE AS AIR FORCE OFFI- (g) APPROPRIATE COMMITTEES OF CONGRESS ficer Training course or the Commis- CERS.—Participants selected for the dem- DEFINED.—In this section, the term ‘‘appro- onstration program shall be individuals who sioned Officer Training course at Max- priate committees of Congress’’ means— have not previously served as officers in the (1) the Committee on Armed Services, the well AFB. The individuals who partici- Air Force. Committee on Health, Education, Labor, and pate in this demonstration program (d) BASIC OFFICER TRAINING.— Pensions, and the Committee on Appropria- will meet all the essential qualifica- (1) IN GENERAL.—The participants in the tions of the Senate; and tions for accession as an officer in the demonstration program shall undergo, at the (2) the Committee on Armed Services and Air Force—except for the one related election of the Secretary of the Air Force, the Committee on Appropriations of the to having a hearing impairment. the Basic Officer Training course or the House of Representatives. Commissioned Officer Training course at I had filed this legislation as an Maxwell Air Force Base, Alabama. By Mr. REED (for himself, Mr. amendment to the Defense Authoriza- (2) NUMBER OF PARTICIPANTS.—Once indi- tion bill; unfortunately, because that DURBIN, and Ms. WARREN): viduals begin participating in the dem- S. 1873. A bill to provide for institu- amendment process was cut short, I onstration program, each Basic Officer tional risk-sharing in the Federal stu- was not able to have it considered. But Training course or Commissioned Officer dent loan programs; to the Committee I am filing this legislation today to Training course at Maxwell Air Force Base, Alabama, shall include not fewer than 4, or on Health, Education, Labor, and Pen- make clear that I intend to press for- sions. ward in this effort to create a dem- more than 6, participants in the demonstration program until all participants have Mr. REED. Mr. President, student onstration program. completed such training. loan debt continues to climb. Accord- If this program is successful, as I be- (3) AUXILIARY AIDS AND SERVICES.—The Sec- ing to an analysis by the Institute for lieve it will be, then we will have cre- retary of Defense shall ensure that partici- College Access, average student loan ated an opportunity for talented indi- pants in the demonstration program have debt has increased by 6 percent each viduals like Keith Nolan in the mili- the necessary auxiliary aids and services (as year since 2008. In 2012, over 70 percent tary. We will have reiterated our com- that term is defined in section 4 of the Amer- of college graduates had debt, owing an icans With Disabilities Act of 1990 (42 U.S.C. mitment to equal opportunity for all average of $29,400. Americans, including people with dis- 12103)) in order to fully participate in the demonstration program. This is a growing drag on our econ- abilities. (e) COORDINATION.— omy. I hope my fellow Members will join (1) SPECIAL ADVISOR.—The Secretary of the In this summer’s National Associa- me as cosponsors of this small, but im- Air Force shall designate a special advisor to tion of Realtors survey, 49 percent of portant, demonstration program. the demonstration program to act as a re- the respondents identified student loan Mr. President, I ask unanimous con- source for participants in the demonstration debt as a huge obstacle to home owner- sent that the text of the bill be printed program, as well as a liaison between partici- ship—more than those who identified in the RECORD. pants in the demonstration program and having enough money for a down pay- those providing the officer training. There being no objection, the text of ment or having enough confidence in (2) QUALIFICATIONS.—The special advisor the bill was ordered to be printed in shall be a member of the Armed Forces on their job security. the RECORD, as follows: active duty— It is clear that the more than $1.2 S. 1864 (A) who— trillion in outstanding student loan Be it enacted by the Senate and House of Rep- (i) if a commissioned officer, shall be in debt has serious implications for the resentatives of the United States of America in grade O–3 or higher; or broader economy. Congress assembled, (ii) if an enlisted member, shall be in grade We know that student loan borrowers SECTION 1. DEMONSTRATION PROGRAM ON AC- E–5 or higher; and are struggling. Default rates are on the CESSION OF CANDIDATES WITH AU- (B) who is knowledgeable about issues in- rise. 13.4 percent of borrowers entering DITORY IMPAIRMENTS AS AIR volving, and accommodations for, individ- repayment in 2009 defaulted within FORCE OFFICERS. uals with auditory impairments (including three years. The rate jumped to 14.7 (a) DEMONSTRATION PROGRAM REQUIRED.— deafness). Beginning not later than 90 days after the (3) RESPONSIBILITIES.—The special advisor percent for borrowers entering repay- date of the enactment of this Act, the Sec- shall be responsible for facilitating the offi- ment in 2010. retary of the Air Force shall carry out a cer training for participants in the dem- We cannot tackle the student loan demonstration program to assess the feasi- onstration program, intervening and resolv- debt crisis without States and institu- bility and advisability of permitting individ- ing issues and accommodations during the tions stepping up and taking greater

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.032 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9063 responsibility for college costs and stu- tions to take proactive steps to ease wildfire suppression, requiring the dent borrowing. student loan debt burdens and reduce agency to conduct what is known as States are critical partners in mak- default rates. Colleges and universities ‘‘fire borrowing’’ to cover wildfire sup- ing college accessible and affordable. can reduce or eliminate their payments pression costs. ‘‘Fire robbery’’ would be However, state support for higher edu- if they implement a comprehensive a more accurate term because in many cation has declined in recent years, student loan management plan. The cases, the borrowed funds are never re- contributing to rising tuition costs at Secretary may waive or reduce the paid. These transfers are incredibly dis- public colleges and universities. Ac- payments for institutions whose mis- ruptive and are undermining the core cording to the latest State Higher Edu- sion is to serve low-income and minor- mission of the Forest Service. cation Finance report published by the ity students such as community col- What is worse, in order to fund the State Higher Education Executive Offi- leges, Historically Black Institutions, costs of fighting these infernos, the cers, state spending per full-time or Hispanic-Serving Institutions, pro- agencies responsible for fighting fires equivalent student reached its lowest vided that they are making progress in are underfunding the very programs de- point in 25 years in 2011. their student loan management plans. signed to prevent fires. The 2013 Presi- In the Partnerships for Affordability The risk-sharing payments will be in- dent’s Budget Request included signifi- and Student Success, PASS, Act that I vested in helping struggling borrowers, cant cuts to hazardous fuels treat- am introducing today, we will re-estab- preventing future default and delin- ments for both the Department of the lish a robust, Federal-State partner- quency, and reducing shortfalls in the Interior, 50 percent cut, and the Forest ship for college affordability and stu- Pell Grant program. Service, 30 percent cut. dent success. I long worked to fund the With the stakes so high for students Studies confirm that hazardous fuels Leveraging Educational Assistance and taxpayers, it is only fair that insti- treatments are effective at reducing Partnership, LEAP, program, an initia- tutions bear some of the risk in the fire risk and lowering costs. For exam- tive that engaged the states in match- student loan program. ple, a recent study published by North- ing federal funds to provide need-based We need to tackle student loan debt ern Arizona University’s Ecological grants to students. LEAP was modest and college affordability from multiple Restoration Institute concluded that in scale. The legislation I am intro- angles. We need all stakeholders in the treatments ‘‘. . . can reduce fire sever- ducing today calls for a more ambi- system to do their part. With the PASS ity . . .’’, and ‘‘. . . successfully reduce tious and comprehensive Federal-State Act and the Protect Student Borrowers fire risk to communities.’’ partnership for higher education. Act, we are providing the resources and It is clear that our Nation needs a The PASS Act will authorize $1 bil- new path forward on fire budgeting to incentives for states and institutions lion for a State formula grant program. make sure that there is adequate fund- to take more responsibility to address In order to participate, states must ing for fire prevention work. For much college affordability and student loan make a commitment to maintain their of 2013, I have been urging the Office of debt and improve student outcomes. I investment in higher education and Management and Budget, OMB, to help urge my colleagues to cosponsor these must have a comprehensive plan for the Congress develop a new path for- bills and look forward to working with higher education with measurable ward through oversight hearings, let- them to include these and other key re- goals for access, affordability, and stu- ters, and numerous discussions. dent outcomes. At least 70 percent of forms in the upcoming reauthorization Therefore, today I am introducing the funding must be dedicated to need- of the Higher Education Act. the Wildfire Disaster Funding Act to based student financial aid. States also By Mr. WYDEN (for himself and provide a better path forward on wild- have the option of awarding grants to fire funding and fire prevention. Mr. CRAPO): colleges and universities or partner- This bill will establish parity for S. 1875. A bill to provide for wildfire ships between institutions of higher wildfire funding to how the Federal suppression operations, and for other education and non-profit organizations Government funds other major natural purposes; to the Committee on the to improve student outcomes, includ- disasters such as floods and hurricanes. Budget. ing enrollment, completion, and em- Specifically, the bill would move any Mr. WYDEN. Mr. President, today I ployment, and to develop innovative spending above 70 percent of the 10- am introducing the Wildfire Disaster methods for reducing college costs. I year rolling average for fire suppres- Funding Act of 2013 to end the destruc- am pleased to have the support of the sion outside of the agencies’ baseline tive cycle of underfunding wildfire pre- National Association of State Student budget by making these additional vention and then having to spend even Grant and Aid Programs, the National costs eligible to be funded under a sep- greater amounts fighting wildfires Association of Independent Colleges arate disaster account. than if our forests were properly man- and Universities, and U.S PIRG in ad- Based on Department of the Interior vancing this legislation. aged. and Department of Agriculture anal- Institutions also have a critical role For some time now, our country has ysis, 1 percent of wildland fires rep- to play in curbing student loan debt. witnessed tragic wildfire seasons that resent 30 percent of costs, so in essence To ensure that institutions have more have put American lives and our treas- my legislation would be moving the skin in the game, so they provide a bet- ured public lands in harm’s way. Sadly, true emergency fire events to be funded ter and more affordable education to this year 19 firefighters lost their lives under disaster programs, and the rou- students, which will in turn help put fighting the Yarnell Hill Fire in Ari- tine wildland firefighting costs—would the brakes on rising student loan de- zona. Due to climate change, drought, be funded through the normal budg- faults, I am proud to be introducing and other factors, the risks from these eting and appropriations process. the Protect Student Borrowers Act infernos are likely to increase in the Most importantly, this legislation with Senators DURBIN and WARREN. future. would free up as much as $412 million The Protect Student Borrowers Act Federal fire suppression spending has in discretionary funding to fund haz- will hold colleges and universities ac- increased substantially over the past 20 ardous fuels projects and make sure ur- countable for student loan default by years. In the case of the Forest Serv- gently needed work is done in the for- requiring them to repay a percentage ice, the proportion of their budget de- ests to prevent wildland fires. of defaulted loans. Only institutions voted to wildland fire management has I am pleased to be joined by Senator that have 25 percent or more of their increased steadily from 13 percent of CRAPO in introducing the bill today. students borrow would be included in the total budget in 1991 to 41 percent of This legislation also has the support of risk sharing based on their cohort de- the budget in 2013. Most recent fire sea- Secretary of Agriculture Tom Vilsack fault rate. Risk-sharing requirements sons have cost upwards of $1 billion, and Secretary of the Interior Sally would kick in when default rate ex- compared to $200 million in the 1990’s. Jewell. I look forward to working to- ceeds 15 percent. As the institutional This leads to an unfortunate new re- wards enactment of the Wildfire Dis- default rate rises, so too will the insti- ality: our Forest Service is turning aster Funding Act in the 113th Con- tution’s risk-share payment. into the Fire Service. gress through any possible avenue. To- The Protect Student Borrowers Act In 8 of the past 10 years, the Forest gether, the Congress and the Adminis- also provides incentives for institu- Service has exceeded its budget for tration must work to guarantee that

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.026 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9064 CONGRESSIONAL RECORD — SENATE December 19, 2013 our country has the necessary tools to The legislative clerk proceeded to been precious to this body for its more both combat and prevent wildland call the roll. than 200 years, and that is the unique- fires. Mr. SESSIONS. Mr. President, I ask ness of the ability of a minority to f unanimous consent that the order for have a say in legislation, to amend or the quorum call be rescinded. at least to offer amendments. They AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without may succeed, they may not succeed, MEET objection, it is so ordered. but to have a voice. COMMITTEE ON ENERGY AND NATURAL Mr. SESSIONS. Mr. President, we all I think those who have not served RESOURCES have various people from other depart- here in the past and have never been in Mr. SCHUMER. Mr. President, I ask ments and agencies in our government the minority cannot begin to appre- unanimous consent the Committee on on occasion who help us in our offices. ciate that right. I started in the House Energy and Natural Resources be au- Being a member of the Armed Services of Representatives where the majority thorized to meet during the session of Committee, I have had the pleasure to rules. That is the way the Founding the Senate on December 19, 2013, at 9:30 have a number of fine defense fellows Fathers established that body. But a.m., in room 366 of the Dirksen Senate serve in my office and help us prepare they said they wanted the Senate to be Office Building. the Defense bill and deal with other different, a place where the passions The PRESIDING OFFICER. Without issues of importance. could be cooled, where debate could be objection, it is so ordered. Commander Joe Carrigan is another held, where amendments could be of- one of these very fine fellows. He is one fered, where laws could be changed or f of the best we have ever had. He has a modified. Members were given a 6-year PRIVILEGES OF THE FLOOR good strategic mind, he works ex- term so they would not have the pres- tremely hard, he is always thoughtful, Mr. MENENDEZ. Mr. President, I ask sure of running for election in just and he is a delight to have in the office. unanimous consent that Krishna Patel, months out or a year out; so they could We have been talking about our mili- a detailee on Senator JOHNSON’s bank- step back and simply say let’s look at tary personnel and their retirement ing committee staff, be granted floor the longer view, the larger view. benefits. Remember, unlike other gov- privileges for the duration of today’s In my first time here in the Senate, ernment employees, they are on call session. that practice was led by the Demo- anytime, any day, to be sent anyplace The PRESIDING OFFICER. Without cratic leaders and Republican leaders. in the world at the very risk to their objection, it is so ordered. The majority changed. I came here lives and physical well-being. In addi- Mr. CARDIN. Mr. President, I ask with a Democratic leader who was emi- tion, they work long hours. They have unanimous consent that Elise nently fair to the minority and in- no thought to object to being asked to Mellinger, a State Department Foreign sisted, as did many Members, none work a weekend or a night or 24 hours Service officer currently serving as a more vividly and with emotion and without sleep to do some task they are Pearson fellow in my office, be granted commitment than did Robert Byrd, the called upon to do, and they get no over- the privilege of the floor for the dura- Democrat from West Virginia, who time for it. It is just the way it is done tion of Senate consideration of H.R. probably knew more about procedures in the military because when a chal- 3304, the Fiscal Year 2014 National De- and the history of the Senate than all lenge is out there, they act. the other Senators combined. Read his fense Authorization Act. I know some point out the weak- The PRESIDING OFFICER. Without volumes. nesses in this large entity, the Defense We would listen to Robert Byrd, re- objection, it is so ordered. Department, and some of the manage- specting how he respected this institu- Mrs. HAGAN. Mr. President, I ask ment problems that arise. But I have tion. I experienced under Robert Byrd, unanimous consent that privileges of to say without any doubt whatsoever then Republican Bob Dole, and then the floor be granted to Margaret that the institution has quality peo- Tom Daschle, Democrat, Trent Lott, Lawrynowicz on December 19. ple—people of integrity, men and Republican—I experienced respect for The PRESIDING OFFICER. Without women who love their country and the rights of the minority even though objection, it is so ordered. serve their country and do whatever I was in the majority. They were sac- Mr. SESSIONS. Mr. President, I ask you ask them to do. I see that every rosanct. No one stood up and said let’s unanimous consent that CDR Joe day when we work with people such as take those rights away. Those who did Carrigan, the defense legislative fellow Commander Carrigan. And he will be were shot down by their own party. Our assigned to my office, be granted floor successful in whatever he does and in party made an attempt at that. Sense privileges for the remainder of the whatever his next assignment will be. and reason prevailed. It was imposed 113th Congress. So as we wrap up this Defense bill, I by those who had been here, saying you The PRESIDING OFFICER. Without would like to thank him for his service need to understand the unique role of objection, it is so ordered. and to thank all of our men and women the Senate that has been created by Mr. WHITEHOUSE. Mr. President, in uniform who do their work, and I our Founding Fathers, enshrined in the may I ask unanimous consent that a hope that we in the Congress can be Constitution, 225 years of tradition and military fellow with Senator MURRAY’s worthy of their trust. history. office, Major James O’Brien, be grant- I yield the floor. To have the majority leader, the Sen- ed floor privileges for today’s session of Mr. COATS. Mr. President, saner ator from Nevada, come here and say the Senate. heads have prevailed. I think the news we are taking that away, what we had The PRESIDING OFFICER. Without that we just received brought a much promised to do; that is, keep the objection, it is so ordered. more reasonable way of moving for- rules—we are going to break them and f ward rather than two more all-nighters we are going to impose on you because with votes every 4 hours or so. It was CONCLUSION OF MORNING you are dragging out the time it takes not pleasing for anyone, particularly BUSINESS to secure nominations. We are going to during the Christmas season. It was to- impose on you. We are going to take The PRESIDING OFFICER. Morning tally unnecessary to do this, had there away your minority rights and we are business is closed. not been some precipitating factors. I going to rule by majority. f did not come down here to point fin- As I said, I understand the frustra- gers. There is frustration on both sides, tion that must have been felt on the NATIONAL DEFENSE AUTHORIZA- frustrations on the Democratic side other side of the aisle when Members TION ACT FOR FISCAL YEAR with Republicans—but I do not think it would delay the confirmation of nomi- 2014—Continued has been explained, what caused Re- nees. Why were Republicans doing Mr. REID. Mr. President, I suggest publicans to become so concerned and that? They were doing that because the the absence of a quorum. so frustrated and frankly so angry over majority leader was using a technique The PRESIDING OFFICER. The the way that the rules were broken to to deny us amendments on any number clerk will call the roll. change the rules, something that has of bills.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.027 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9065 Everyone here has constituent inter- fective but do so in a way that allows The PRESIDING OFFICER. Without ests, their own interests. They come to the minority the right to participate in objection, it is so ordered. the Senate, they want to move forward the process. MANUFACTURING JOBS with an agenda. When you are in the Going through the exercise we have Mr. COONS. Mr. President, I come to minority you know that the chances of gone through for the last few weeks the floor once again to talk about man- passing that are slim unless you get with votes every 2 hours, sleeping on ufacturing jobs. This week, under Sen- support from the other side. That is cots in our office or sleeping on the ator AMY KLOBUCHAR’s leadership, the why we cosponsor with Democrats couch, coming down here in the middle Joint Economic Committee released a when we want to try to move some- of the night to vote—if we are talking report that thoroughly and thought- thing, to see if they can convince their about something serious for the coun- fully lays out why manufacturing jobs Members to join us. That is the way try that needs that kind of debate, I have such promise and how Congress this place has always worked. am not saying we shouldn’t do that. If can act to help spur manufacturing job But under the process of the so-called it is a defense bill or a critical issue, creation now and into the future. filling of the tree—I know people in the such as a fiscal issue or a foreign policy The report shows that today manu- world say what in the world are you issue, that is what this place is all facturing jobs are high-quality jobs, talking about, filling the tree? It is a about. If it takes us well into the night that they pay better than jobs in any procedural method which denies the on something substantive like that, other sector in wages and benefits, and minority the right to offer amend- then we want to preserve that. But it is that they help create more local serv- ments. I do not have the statistics in over the nomination of a district ice sector jobs, that they contribute front of me, but the majority leader judge—and the statistics show that the more to the local economy, and that has imposed that time after time. So majority party has virtually gotten manufacturers invest the most in pri- the frustration just kept building here, every one they wanted. vate sector R&D of any sector in our day after day, week after week, month Just recently the Republicans said country. after month, year after year, of Mem- that somehow we have to send a mes- Manufacturing, as the Presiding Offi- bers who said: I came to the Senate. I sage that we are being shut out, and we cer well knows, has long played an im- don’t have a voice. I do not have the were shut out by a majority vote of the portant role in our Nation’s economy, ability to even bring up my amend- Democratic Party which basically told has served as our economic backbone, ment. Republicans: Forget the history. For- and has built the American middle What are we afraid of, taking a vote? get the past. Sit down. You have no class. But over the past 60 years, manu- If you cannot take a vote and go home role. facturing in our country has changed, and explain your vote to people, then I hope we can get back from that be- gradually and then dramatically. As you should not be here. You vote for cause it is so important for the future our economy and the world have what you believe in. You vote for what of this country to have a deliberative changed, so has the nature of manufac- you think your State and your con- body that has the time and opportunity turing and the playing field on which stituents who sent you here believe in. to debate, to offer amendments, and to we can and must compete. Some you win, some you lose, but at fashion legislation in a bipartisan fash- Due to global competition and the least you have the opportunity to ion. Maybe we have learned that les- worst recession since the Great Depres- make your case. son; maybe we haven’t. There is a lot sion, we lost 6 million manufacturing So, month after month, year after of rancor here right now. jobs in the United States in the first year, under the leadership of Senator I am glad we came to an agreement decade of this century. We are now on REID, increasingly that right has been to have two votes at 11:15 this evening, our way back, but we are well short of taken away. The frustration boils up and then we will move the process to where we were in 2000. We have gained from our feeling like—forget it. Forget six votes tomorrow morning, and then 550,000 manufacturing jobs over the 225 years of history. Forget how the we will be able to go home and enjoy last 3 years, and that gives me real Founding Fathers decided to structure Christmas with our families. hope. In just the last 6 months, we have this democratic function. Forget how I think the solution to this is not to seen new signals that our manufac- past leaders, Republicans and Demo- throw daggers at each other but to sit turing sector continues to be on the re- crats, held this as sacrosanct, a right down and think things through. Maybe bound. for the minority, the minority voice. we need to reach back to some of the A new report from the Institute for Here is the party that says we got writings of Robert Byrd. Maybe we Supply Management shows the U.S. elected by a majority and therefore the need to reach back to some of the stir- manufacturing sector grew last month minority has no say. Those who have ring words that were spoken by the at its fastest pace in 21⁄2 years, and hir- not served in the minority will not un- majority telling their own Members: ing has reached an 18-month high. The derstand the denial of the right to ex- Don’t go there. You are taking away value of our manufacturing exports has press your view and have it put before the very essence of the U.S. Senate. grown 38 percent in the last 4 years, this body for a vote. You can get up One of the Members on the Demo- and those exports now account for and talk about it but you cannot get it cratic side who has many years of expe- nearly 3 million jobs on American to a vote, so talk is cheap. Until they rience here—many more than I—made shores. experience that, I am afraid, they will that plea. Unfortunately, it wasn’t lis- But, as the Presiding Officer and I not have an understanding of how we tened to by Members in his caucus. I well know and as many of our col- need to get back to what this body was think if we could step back and we leagues know, we need to invest more intended to be. could look at the history of those in in that success and in that growth, in I want my colleagues who have im- the majority doing everything they the private sector and in the public posed this in support of the majority could to protect the rights of those in sector. leader’s tactics of denying Members the minority, we would recognize that Overall, this is great news, about the the ability to offer an amendment re- there is a better way to go forward slow, but real, steady recovery of our gardless of what it is for—I want my than what we have done here. manufacturing sector. The reason we colleagues to understand that is where I yield the floor. are coming back is the United States is the frustration came from. And that is The PRESIDING OFFICER. The Sen- actually poised to compete in advanced why we are trying to use whatever ator from Rhode Island. manufacturing, in the manufacturing rules we have left to send the message Mr. WHITEHOUSE. I note the ab- economy of this century. In the 21st that you are stiffing us. You are deny- sence of a quorum. century, manufacturing is fundamen- ing us the very right that we worked so The PRESIDING OFFICER. The tally different than it was in our past. very hard to come to have here. clerk will call the roll. The legislative Rather than repeating the same simple I am making a plea, I guess, that we clerk proceeded to call the roll. tasks over and over, workers must now sit down and have an adult conversa- Mr. COONS. Mr. President, I ask carry out far more complex and vary- tion about how to make this place unanimous consent that the quorum be ing tasks. They need to be critical more efficient, how to make it more ef- rescinded. thinkers and problem solvers. They

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.099 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9066 CONGRESSIONAL RECORD — SENATE December 19, 2013 have to do math and communicate with her cochair, Senator LINDSEY seize the very real, very positive oppor- with each other in writing and as a GRAHAM, led the bipartisan manufac- tunity in front of us—to lay out a bi- team and work in ways simply not ex- turing caucus that is helping take partisan path forward to strengthen pected 20 or 30 years ago. Crucially, great ideas and bills generated through the manufacturing sector in our coun- they need to understand the entire this initiative and turn them into try. manufacturing process in a way that solid, bipartisan bills. Together, we can keep our factories wasn’t necessary before. Yes, there are This Joint Economic Committee re- humming and lead the way in new in- machines doing a lot of work, but we port emphasizes that there are four dustries in the future. We just need the need workers who can oversee them key areas where we have to focus to political will to try. That is what this and understand them to keep our create manufacturing jobs now and in effort, Manufacturing Jobs for Amer- steady, growing benefits to increase the future and they are exactly the ica, is all about. productivity. areas that the Manufacturing Jobs for I am so grateful to Senator KLO- Manufacturers can’t rely on someone America initiative centers on as well. BUCHAR and the Joint Economic Com- from outside our country to fix a prob- First, we have to strengthen Amer- mittee for the Manufacturing Jobs for lem every time there is one. Today ica’s workforce. Second, we have to The Future report and for the vision it they rely on their workers to trouble- fight for a more level global playing lays out, and I appreciate the effort of shoot on the fly. Our workers need to field so we can open markets abroad all of my colleagues who contributed continue to be some of the most pro- and compete successfully. Third, we great and strong and clear ideas to this ductive in the world and, to do that, need to make it easier for manufactur- Manufacturing Jobs for America initia- they need to be more skilled than ever, ers—especially new and small busi- tive. particularly because they are over- nesses—to access capital, to invest in With that, Mr. President, I yield the seeing highly complex operations. research and development as well as floor and suggest the absence of a The manufacturing floor today, as new equipment and products. Fourth, quorum. this report reminds us, is no longer the we can and should do more to ensure a The PRESIDING OFFICER. The dirty, dingy, dangerous manufacturing coordinated, all-of-government effort clerk will call the roll. workplace of 150 years ago. Today it is in supporting manufacturing by insist- The legislative clerk proceeded to clean, high tech, highly productive, ing on a stronger, clearer national call the roll. and it needs a highly skilled workforce. manufacturing strategy. Together, Mr. LEVIN. Mr. President, I ask We can win by training our workers for across these four areas, the bills in unanimous consent that the order for these jobs. Manufacturing Jobs for America can the quorum call be rescinded. While some nations engage in a race have a real and substantial impact if The ACTING PRESIDENT pro tem- to the bottom on environmental labor they become law. pore. Without objection, it is so or- and wage standards, this isn’t the play- I believe in the power of this initia- dered. ing field we can or should try to win. tive because I have seen the potential Mr. LEVIN. Mr. President, the bill Fortunately, we already have the tools of manufacturing up close. In my time we are about to vote on is a good bill. to lead the way in manufacturing, in in the private sector, I developed a It is the product of an extensive bipar- an innovation-centered economy. fierce belief in how we can and must tisan, bicameral agreement between This Joint Economic Committee react here in Washington to support and the Armed Services Committees of the port outlines how low-energy costs, due spur American private sector manufac- Senate and the House of Representa- to greatly expanded natural gas sup- turing. Before I came here, much of my tives. We have passed a defense bill plies, a highly skilled workforce rel- work in the private sector was at a every year for the last 51 years. This ative to much of the rest of the world, manufacturing company, a materials- bill deserves to be the 52nd because, and having still the world’s best uni- based science company that makes like our previous bills, it does the right versities, all in combination give us a hundreds of products. At one point I thing for our troops, their families, and real fighting chance. American manu- was part of a site location team that our Nation’s security. It passed the facturing, I am convinced, is poised for had to decide where to locate a new House with a vote of 350 to 69, and it a takeoff. state-of-the-art semiconductor chip deserves an equally strong bipartisan Now we have this report from the packaging manufacturing plant. vote in the Senate tonight. Joint Economic Committee which What made the difference? In the ul- Yesterday I praised the members of shows us just that. It shows why we timate decision it was first and fore- our committee, and I also noted the should remain optimistic about Amer- most we needed a skilled and reliable amazing work of our staff, and I am ican manufacturing, if we can simply workforce. Second, we wanted the not going to repeat that. in this body harness the will to act. State, county, and city governments to This bill is not a Christmas gift to This report frankly lays out a lot of be responsive and have made invest- our troops and their families. Author- why we have created Manufacturing ments in infrastructure. While we also izing funding for our troops, supporting Jobs for America. of course considered tax credits and our troops and their families is what Manufacturing Jobs for America is a training grants, the first two really we owe them. It is the least we can do, campaign. It is a campaign to build were the main factors—the skills and for they are the gift—they are the gift support for good manufacturing legis- capabilities of the workforce at all lev- to this country, to this Nation, and to lation that Democrats and Republicans els and the responsiveness of the local all of its people. can agree on. So far, 26 Democratic government, the State government, I would like to describe some of the Senators have come together to con- and the Federal Government in invest- many important provisions in this bill. tribute 44 bills to a conversation; 31 of ing in infrastructure. The bill includes numerous provi- those bills have already been intro- This experience taught me two sions to sustain the compensation and duced in this body, and almost half of things: that the advanced manufac- quality of life that our service men and them have bipartisan cosponsors. We turing sector can thrive in the United women and their families deserve as are actively seeking Republican co- States—that facility was located in they face the hardships imposed by sponsors on the rest. America, not overseas; and there is a continuing military operations around Our goal overall is to generate more critical role for government to play. So the world. For example, our bill reau- and work more closely with Repub- if this Congress makes a concerted, thorizes over 30 types of bonuses and licans to build consensus for bills that across-the-board push to help create special pays aimed at encouraging en- can pass the Senate, pass the House, manufacturing jobs in America, I am listment, re-enlistment, and continued and go to the White House to become convinced we can lay a strong founda- service by Active Duty and Reserve law. We want to see manufacturing tion for growth today and tomorrow. component military personnel. bills that can really help put Ameri- The opportunity is there, just in front It authorizes $25 million in supple- cans back to work. of us. We just need to stop the endless mental impact aid to local educational I am grateful for the leadership of partisan struggles that have dominated agencies with military dependent chil- Senator DEBBIE STABENOW who, along this Congress in the last few years and dren and $5 million in impact aid for

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G19DE6.101 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9067 schools with military dependent chil- move to combat and camouflage uni- currently inadequate to properly train our dren with severe disabilities. forms that are used by all members of Marine Palms is my top legislative priority. It enhances DOD programs to assist the Armed Forces. This provision ad- Successful MEB training requires coordi- veterans in their transition to civilian dresses a finding by GAO that identi- nated simultaneous air and ground live fire fied DOD’s fragmented approach to de- in concert with ground maneuvers over a 48– life and increase their opportunities for 72 hour period involving 15,000 Marines. Al- early employment by improving access veloping and acquiring combat uni- though a MEB is our principal fighting force, to credentialing programs for civilian forms as a significant source of dupli- we currently lack sufficient training space occupational specialties. cation and waste in the Department. to train a MEB-sized unit. The Marine Corps It requires the Secretary of Defense Section 904 of the bill requires the proposes to correct this training and readi- and the Secretary of Veterans Affairs Secretary of Defense to streamline ness shortfall by expanding Twentynine to ensure that the electronic health DOD management headquarters at all Palms through the withdrawal and acquisi- records systems of the two Depart- levels by changing or reducing the size tion of 168,000 acres in the Johnson Valley ments are interoperable and provide a of staffs, eliminating tiers of manage- area. single integrated display of data. ment, cutting functions that provide These are just a few examples drawn The bill also includes funding needed little or no added value, and consoli- from hundreds of provisions in this bill. to provide our troops the equipment dating overlapping and duplicative pro- As Gen Martin Dempsey, the Chairman and support that they need for ongoing grams and offices. We expect this proof the Joint Chiefs of Staff, told us last combat, counterinsurgency, and sta- vision to save $40 billion or more over week, the authorities included in this bility operations around the world. For the next 10 years. bill ‘‘are critical to the Nation’s de- example, our bill authorizes $9.9 billion Section 1024 of the bill allows the fense and urgently needed to ensure we for U.S. Special Operations Command, Secretary of the Navy to settle 20-year all keep faith with the men and including both base budget funding and old litigation arising from the default women, military and civilian, selflessly OCO funding. termination of the contract for the serving in our Armed Forces.’’ It authorizes nearly $1 billion for production of the A–12 aircraft. Under I yield the floor and suggest the ab- counter-IED efforts, beginning to ramp the proposed settlement authorized by sence of a quorum. down expenditures in this area, while this provision the Navy will receive The ACTING PRESIDENT pro tem- ensuring that we make investments ships and aircraft worth almost $400 pore. The clerk will call the roll. needed to protect our forces from road- million at no cost to the government. The legislative clerk proceeded to side bombs. Section 1098 of the bill authorizes the call the roll. It provides $6.2 billion in funding to Department of Defense to transfer Mr. REID. Mr. President, I ask unan- train and equip the Afghan National unneeded aircraft to the Forest Serv- imous consent that the order for the Army and Afghan Police, as requested ice, providing the Forest Service with quorum call be rescinded. by the commander of U.S. forces in Af- much-needed replacements for aging The ACTING PRESIDENT pro tem- ghanistan, so that we can complete the wildfire suppression aircraft. This pro- pore. Without objection, it is so or- transition of security responsibility, as vision was based on a Senate floor dered. planned, by the end of 2014. amendment which we were unable to Mr. REID. Has all time expired? It authorizes the Secretary of De- adopt even though it had been cleared The ACTING PRESIDENT pro tem- fense—upon a determination from the on both sides. pore. It has. Section 1302 of the bill authorizes the President that it is in the national se- Mr. REID. I ask unanimous consent use of funds available under the Coop- curity interests of the United States— to withdraw the motion to concur with erative Threat Reduction—CTR—pro- to use up to $150 million of amounts the amendment. gram to eliminate Syrian chemical authorized for the Coalition Support The ACTING PRESIDENT pro tem- weapons. This provision will give DOD pore. Is there objection? Fund account in fiscal years 2013 and the funding flexibility that it says it Without objection, it is so ordered. 2014 to support the border security op- needs to carry out the destruction of The motion is withdrawn. erations of the Jordanian Armed these dangerous weapons, as provided The question is on agreeing to the Forces. by our agreements with the Russians motion to concur. It extends global train and equip— and others. section ‘‘1206’’—authority through 2017 Section 2807 of the bill requires that Mr. VITTER. I ask for the yeas and to help build the capacity of foreign all future military construction nays. force partners to conduct counterter- projects funded using in-kind payments The ACTING PRESIDENT pro tem- rorism and stability operations. from partner nations under an inter- pore. Is there a sufficient second? The bill includes a compromise on national agreement be submitted for There appears to be a sufficient sec- Guantanamo, which eases the transfer congressional authorization. That may ond. of Gitmo detainees overseas, while re- not sound like a big deal, but this pro- The clerk will call the roll. taining prohibitions on transfers to the vision is the result of a yearlong inves- The legislative clerk called the roll. United States. It includes 36 provisions tigation by the committee staff, in The ACTING PRESIDENT pro tem- to strengthen DOD’s response to the which we learned that DOD was using pore. Are there any other Senators in problem of sexual assault in our mili- in-kind payments from our allies to the Chamber desiring to vote? tary. fund questionable military construc- Mr. DURBIN. I announce that the The bill includes hundreds of other tion projects without appropriate over- Senator from Florida (Mr. NELSON) is important provisions to ensure that sight. necessarily absent. the Department can carry out its es- Section 2941 through 2946 of the bill The result was announced—yeas 84, sential national defense missions. For authorize a new land withdrawal to ex- nays 15, as follows: example, Section 121 of the bill in- pand the Marine Corps training range [Rollcall Vote No. 284 Leg.] creases the cost cap for the Gerald R. at 29 Palms in California. This provi- YEAS—84 Ford aircraft carrier program as re- sion was the No. 1 legislative priority Alexander Carper Grassley quested by the Department of Defense of the Marine Corps this year. As the Ayotte Casey Hagan and tightens cost controls on the pro- Commandant of the Marine Corps ex- Baldwin Chambliss Harkin gram. In the absence of this provision, plained in an August 29 letter to the Baucus Coats Hatch Begich Cochran Heinrich DOD would have to stop work on the committee, the Marine Corps has spent Bennet Collins Heitkamp aircraft carrier, resulting in the layoff more than 6 years analyzing and pre- Blumenthal Coons Heller of thousands of workers and an addi- paring for this expansion to ensure Blunt Cornyn Hirono tional cost of up to $1 billion dollars on Booker Donnelly Hoeven that the Corps can meet its minimum Boozman Durbin Inhofe the Ford and subsequent ships. training criteria for live fire and ma- Boxer Feinstein Isakson Section 352 of the bill requires DOD neuver training. The Commandant’s Brown Fischer Johanns to eliminate the development and field- letter explains: Burr Franken Johnson (SD) Cantwell Gillibrand Johnson (WI) ing of service-specific combat and cam- Although Twentynine Palms has served Cardin Graham Kaine ouflage utility uniforms and instead the Marine Corps well since the 1940s, it is

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.029 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S9068 CONGRESSIONAL RECORD — SENATE December 19, 2013 King Moran Scott Kaine Mikulski Shaheen The concurrent resolution (H. Con. Kirk Murkowski Shaheen King Murphy Stabenow Res. 71) was agreed to. Klobuchar Murphy Stabenow Klobuchar Murray Tester Landrieu Murray Tester Landrieu Nelson Udall (CO) f Leahy Portman Thune Leahy Pryor Udall (NM) Levin Pryor Toomey Levin Reed Warner CLARIFYING THE NATIVE AMER- Manchin Reed Udall (CO) Manchin Reid Warren ICAN VETERANS’ MEMORIAL ES- Markey Reid Udall (NM) Markey Rockefeller Whitehouse TABLISHMENT ACT OF 1994 McCain Roberts Vitter McCaskill Sanders Wyden McCaskill Rockefeller Warner Menendez Schatz Mr. PRYOR. I ask unanimous con- McConnell Rubio Warren Merkley Schumer sent that the Senate proceed to the im- Menendez Schatz Whitehouse Mikulski Schumer Wicker NAYS—45 mediate consideration of H.R. 2319, Alexander Enzi McConnell which is at the desk. NAYS—15 Ayotte Fischer Moran The PRESIDING OFFICER. The Barrasso Enzi Risch Barrasso Flake Murkowski clerk will report the bill by title. Coburn Flake Sanders Blunt Graham Paul Corker Lee Sessions Boozman Grassley Portman The legislative clerk read as follows: Crapo Merkley Shelby Burr Hatch Risch A bill (H.R. 2319) to clarify certain provi- Cruz Paul Wyden Chambliss Heller Roberts sions of the Native American Veterans’ Me- Coats Hoeven Rubio morial Establishment Act of 1994. NOT VOTING—1 Coburn Inhofe Scott Nelson Cochran Isakson Sessions There being no objection, the Senate Collins Johanns Shelby proceeded to consider the bill. The ACTING PRESIDENT pro tem- Corker Johnson (WI) Thune Mr. PRYOR. I further ask that the pore. The motion to concur in the Cornyn Kirk Toomey bill be read three times and passed and House amendment to the Senate Crapo Lee Vitter Cruz McCain Wicker the motions to reconsider be consid- amendment to H.R. 3304 is agreed to. ered made and laid upon the table, with Mr. REID. Mr. President, I move to The ACTING PRESIDENT pro tem- no intervening action or debate. reconsider the vote and to lay that mo- pore. On this vote, the yeas are 55, and The PRESIDING OFFICER. Without tion on the table. the nays are 45. the motion is agree to. objection, it is so ordered. The motion to lay on the table was f The bill (H.R. 2319) was ordered to a agreed to. EXECUTIVE SESSION third reading, was read the third time, f and passed. f CLOTURE MOTION NOMINATION OF ALEJANDRO NICHOLAS MAYORKAS TO BE CONVEYANCE OF CERTAIN PROP- The ACTING PRESIDENT pro tem- DEPUTY SECRETARY OF HOME- ERTY IN ANCHORAGE, ALASKA pore. Pursuant to rule XXII, the Chair LAND SECURITY lays before the Senate the pending clo- Mr. PRYOR. I ask unanimous con- ture motion, which the clerk will re- The ACTING PRESIDENT pro tem- sent that the Indian Affairs Committee port. pore. Cloture having been invoked, the be discharged from further consideration of H.R. 623 and that the Senate CLOTURE MOTION Senate will proceed to executive session and the clerk will report the nomi- proceed to its immediate consider- We, the undersigned Senators, in accordance with the provisions of rule XXII of the nation. ation. Standing Rules of the Senate, hereby move The legislative clerk read the nomi- The PRESIDING OFFICER. Without to bring to a close debate on the nomination nation of Alejandro Nicholas objection, it is so ordered. of Alejandro Nicholas Mayorkas, of the Dis- Mayorkas, of the District of Columbia, The clerk will report the bill by title. trict of Columbia, to be Deputy Secretary of to be Deputy Secretary of Homeland The legislative clerk read as follows: Homeland Security. Security. A bill (H.R. 623) to provide for the convey- Harry Reid, Thomas R. Carper, Barbara f ance of certain property located in Anchor- Boxer, Mark Begich, Richard age, Alaska, from the United States to the Blumenthal, Benjamin L. Cardin, Tom MORNING BUSINESS Alaska Native Tribal Health Consortium. Udall, Debbie Stabenow, Sheldon Whitehouse, Bernard Sanders, Mazie K. The PRESIDING OFFICER (Mr. There being no objection, the Senate Hirono, Christopher A. Coons, Jon KING). Under the previous order, the proceeded to consider the bill. Tester, Brian Schatz, Martin Heinrich, Senate will be in a period of morning Mr. PRYOR. I further ask that the Claire McCaskill, Heidi Heitkamp, business for debate only, with Senators bill be read a third time and passed and Kirsten E. Gillibrand. permitted to speak for up to 10 minutes the motion to reconsider be considered The ACTING PRESIDENT pro tem- each. made and laid upon the table, with no pore. Under the previous order, the f intervening action or debate. The PRESIDING OFFICER. Without mandatory quorum call under rule PROVIDING FOR ENROLLMENT objection, it is so ordered. XXII is waived. CORRECTIONS TO H.R. 3304 The question is, Is it the sense of the The bill (H.R. 623) was ordered to a Senate that debate on the nomination Mr. PRYOR. Mr. President, I ask third reading, was read the third time, of Alejandro Mayorkas, of the District unanimous consent that the Senate and passed. of Columbia, to be Deputy Secretary of proceed to the immediate consider- f Homeland Security shall be brought to ation of H. Con. Res. 71 which was re- AMENDING THE ENERGY POLICY a close? ceived from the House. ACT OF 2005 The yeas and nays are mandatory The PRESIDING OFFICER. The under the rule. clerk will report the concurrent resolu- Mr. PRYOR. Mr. President, I ask The clerk will call the roll. tion by title. unanimous consent that the Energy The assistant bill clerk called the The legislative clerk read as follows: Committee be discharged from further roll. A concurrent resolution (H. Con. Res. 71), consideration of H.R. 767, and the Sen- The yeas and nays resulted—yeas 55, providing for corrections to the enrollment ate proceed to its consideration. nays 45, as follows: of the bill H.R. 3304. The PRESIDING OFFICER. Without [Rollcall Vote No. 285 Ex.] There being no objection, the Senate objection, it is so ordered. proceeded to consider the resolution. The clerk will report the bill by title. YEAS—55 Mr. PRYOR. I ask unanimous con- The legislative clerk read as follows: Baldwin Cantwell Franken Baucus Cardin Gillibrand sent that the concurrent resolution be A bill (H.R. 767) to amend the Energy Pol- Begich Carper Hagan read a third time and passed and the icy Act of 2005 to modify the Pilot Project Bennet Casey Harkin motion to reconsider be laid upon the offices of the Federal Permit Streamlining Blumenthal Coons Heinrich table. Pilot Project. Booker Donnelly Heitkamp Boxer Durbin Hirono The PRESIDING OFFICER. Without There being no objection, the Senate Brown Feinstein Johnson (SD) objection, it is so ordered. proceeded to consider the bill.

VerDate Mar 15 2010 07:21 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A19DE6.030 S19DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 19, 2013 CONGRESSIONAL RECORD — SENATE S9069 Mr. PRYOR. Mr. President, I ask MEASURES READ THE FIRST PROGRAM unanimous consent that the bill be TIME—S. 1859 AND S. 1881 Mr. PRYOR. Mr. President, there will read a third time and passed, and the Mr. PRYOR. Mr. President, I under- be six rollcall votes at approximately motion to reconsider be laid upon the stand that there are two bills at the 10:15 a.m. tomorrow. table, with no intervening action or de- desk, and I ask for their first reading bate. en bloc. f The PRESIDING OFFICER. Without The PRESIDING OFFICER. The ADJOURNMENT UNTIL 9 A.M. objection, it is so ordered. clerk will read the bills by title for the TOMORROW The bill (H.R. 767) was ordered to a first time. third reading, was read the third time, The legislative clerk read as follows: Mr. PRYOR. If there is no further and passed. A bill (S. 1859) to amend the Internal Rev- business to come before the Senate, I ask unanimous consent that it adjourn f enue Code of 1986 to extend certain expiring provisions, and for other purposes. under the previous order. ACCURACY FOR ADOPTEES ACT A bill (S. 1881) to expand sanctions imposed There being no objection, the Senate, with respect to Iran and to impose additional at 12:21 a.m., adjourned until Friday, Mr. PRYOR. Mr. President, I ask sanctions with respect to Iran, and for other December 20, 2013, at 9 a.m. unanimous consent that the Judiciary purposes. Committee be discharged from further Mr. PRYOR. Mr. President, I now ask f consideration of S. 1614, and the Senate for a second reading, en bloc, and I ob- proceed to its consideration. ject to my own request en bloc. NOMINATIONS The PRESIDING OFFICER. Without The PRESIDING OFFICER. Objec- Executive nominations received by objection, it is so ordered. tion having been heard, the bills will be the Senate on December 19, 2013: The clerk will report the bill by title. read for the second time on the next THE JUDICIARY The legislative clerk read as follows: legislative day. GREGG JEFFREY COSTA, OF TEXAS, TO BE UNITED A bill (S. 1614) to require Certificates of STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT, VICE Citizenship and other Federal documents to f FORTUNATO P. BENAVIDES, RETIRED. JULIE E. CARNES, OF GEORGIA, TO BE UNITED STATES reflect name and date of birth determina- CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT, VICE tions made by a State court and for other APPOINTMENT JAMES LARRY EDMONSON, RETIRED. purposes. JAMES ALAN SOTO, OF ARIZONA, TO BE UNITED The PRESIDING OFFICER. The STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- There being no objection, the Senate Chair, on behalf of the President pro ZONA, VICE DAVID C. BURY, RETIRED. LEO T. SOROKIN, OF MASSACHUSETTS, TO BE UNITED proceeded to consider the bill. tempore, pursuant to Public Law 106– STATES DISTRICT JUDGE FOR THE DISTRICT OF MASSA- Mr. PRYOR. Mr. President, I ask 398, as amended by Public Law 108–7, CHUSETTS, VICE JOSEPH L. TAURO, RETIRED. ELEANOR LOUISE ROSS, OF GEORGIA, TO BE UNITED unanimous consent that the bill be and upon the recommendation of the STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT read a third time and passed, and the Republican leader, in consultation with OF GEORGIA, VICE CHARLES A. PANNELL, JR., RETIRED. LEIGH MARTIN MAY, OF GEORGIA, TO BE UNITED motion to reconsider be laid upon the the ranking members of the Senate STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT table, with no intervening action or de- Committee on Armed Services and the OF GEORGIA, VICE BEVERLY B. MARTIN, ELEVATED. M. HANNAH LAUCK, OF VIRGINIA, TO BE UNITED bate. Senate Committee on Finance, re- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT The PRESIDING OFFICER. Without appoints the following individual to OF VIRGINIA, VICE JAMES R. SPENCER, RETIRING. MARK HOWARD COHEN, OF GEORGIA, TO BE UNITED objection, it is so ordered. the United States-China Economic Se- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT The bill (S. 1614) was ordered to be curity Review Commission: The Honor- OF GEORGIA, VICE CLARENCE COOPER, RETIRED. TANYA S. CHUTKAN, OF THE DISTRICT OF COLUMBIA, engrossed for a third reading, was read able James M. Talent of Missouri, vice TO BE UNITED STATES DISTRICT JUDGE FOR THE DIS- the third time, and passed, as follows: Daniel Blumenthal, for a term expiring TRICT OF COLUMBIA, VICE AN ADDITIONAL POSITION IN ACCORDANCE WITH 28 U.S.C. 133 (B)(1). S. 1614 December 31, 2015. MICHAEL P. BOGGS, OF GEORGIA, TO BE UNITED Be it enacted by the Senate and House of Rep- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF GEORGIA, VICE JULIE E. CARNES. resentatives of the United States of America in f Congress assembled, f SECTION 1. SHORT TITLE. ORDERS FOR FRIDAY, DECEMBER This Act may be cited as the ‘‘Accuracy for 20, 2013 DISCHARGED NOMINATION Adoptees Act’’. Mr. PRYOR. Mr. President, I ask On December 17, 2013, the Senate SEC. 2. RECOGNITION OF STATE COURT DETER- unanimous consent that when the Sen- Committee on Homeland Security and MINATIONS OF NAME AND BIRTH ate completes its business today, it ad- DATE. Governmental Affairs was discharged Section 320 of the Immigration and Nation- journ until 9 a.m. on Friday, December from further consideration of the fol- ality Act (8 U.S.C. 1431) is amended by add- 20, 2013; that following the prayer and lowing nomination under the authority ing at the end the following: pledge, the morning hour be deemed of the order of the Senate of January 7, ‘‘(c) A Certificate of Citizenship or other expired, the Journal of proceedings be 2009 and the nomination was placed on Federal document issued or requested to be approved to date, and the time for the the Executive Calendar: amended under this section shall reflect the two leaders be reserved for their use child’s name and date of birth as indicated later in the day; and that following any *MICHAEL G. CARROLL, OF NEW YORK, TO BE INSPEC- on a State court order, birth certificate, cer- TOR GENERAL, UNITED STATES AGENCY FOR INTER- leader remarks, the Senate resume ex- NATIONAL DEVELOPMENT. tificate of foreign birth, certificate of birth abroad, or similar State vital records docu- ecutive session under the previous *Nominee has committed to respond ment issued by the child’s State of residence order. to requests to appear and testify before in the United States after the child has been The PRESIDING OFFICER. Without any duly constituted committee of the adopted or readopted in that State.’’. objection, it is so ordered. Senate.

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TRIBUTE TO NORTHWEST HIGH very body itself. So who is to blame for the gov- we act better than it. We don’t aspire to be like SCHOOL FOOTBALL TEAM ernment shutdown? Shall we point fingers at them, we aspire to be better than them. Here, at Republicans? How about the Democrats? It must this conference, we have come together to act be someone’s fault right? That IS what our po- like the body of government that the founders HON. JOHN K. DELANEY litical system has taught us isn’t it? Well, it ap- intended. There are no special interest groups, OF MARYLAND pears that recently, that is just what it has no superpacs, no shady campaign deals, and no IN THE HOUSE OF REPRESENTATIVES done. As the ominous clouds descended upon the political parties. There is only the work we have capital in the early hours of October the 1st, the Thursday, December 19, 2013 set out to do, and the goals which we wish to government shutdown that took place in the achieve. Mr. DELANEY. Mr. Speaker, I rise today to District of Columbia, and all across the country, As I sat to write this speech, I decided that I honor Coach Mike Neubeiser and the North- had effects that will continue to be impactful for years to come. wanted to talk about something that really west High School football team of German- mattered to us, the youth of America. Now, I town, Maryland, who won the Maryland Class Model Congress. The word ‘model’ implies a want or desire to replicate, to recreate and imi- could have simply gotten up here, shouted a 4A State football championship on Friday, De- tate. For years now, thousands of students have couple of phrases like ‘‘legalize marijuana,’’ cember 6th. come to Yale and other conferences alike, and ‘‘Make the playing field fairer,’’ ‘‘lower taxes,’’ With a 33–16 victory over Suitland High taken pride in acting as Senators, Representa- ‘‘feed the hungry’’ and ‘‘help the poor.’’ And School, the Northwest Jaguars capped off a tives, Cabinet Members, and Presidents. We while I’m sure that I would have gotten a cou- 12–2 season. This is Northwest’s first state have touted our accomplishments on our re- ple of apathetic rounds of applause, I thought football championship since 2004 and the first sumes, shined our gavels and framed our certifi- that it would be more prudent to get up here, state championship for a Montgomery County cates. My question to you tonight is: Do we and as I have, talk about something that we, high school since 2008. really, want to model Congress? The body which both as citizens and as young adults, are frustrated with in the hopes of bringing about Even though Coach Neubeiser’s team start- we have all gathered here tonight to replicate has, over the past several years, produced a change. ed the season with two loses in their first eight stalemate and inefficiency that has rarely been games, the Jaguais turned their season If elected I vow to each and every one of you, seen in the long and arduous history of both that I will help us take those first frightening around to win the state title. This improbable man and this nation. Complete ideological divi- steps into the obscure and unsure future. I will turnaround proves that even when faced with sion, refusal to compromise, and the inability to do my best to lead this conference in a way so adversity, Coach Neubeiser and his staff can put national interest above self interest has that Congressmen, Senators, Governors, and inspire these young adults to accomplish great weakened our country, as well as its image both Presidents alike know that we won’t accept things. Thanks to his leadership, Northwest at home and abroad. Why is it as teenagers, we anything less than that second grade idealistic student-athletes have exceled both on the field are able to sit down, talk, work out our prob- dream, so that our peers both here and at home lems, and come to productive agreements, but as know that we mean business, and so that we and in the classroom. I wish the Northwest adults, we put our fingers in our ears and stomp may all realize that we must join hands and Jaguars the best of luck next season as they our feet on the ground until we get what we look into the unknown abyss that is our future, defend their title. want? The roles seem to be backwards if you ask and conquer it with the fearless determination I ask that you and my other distinguished me. that is so quintessentially American. colleagues help me in honoring this significant People would like to have you believe that we accomplishment. are naive, we are inexperienced, and we know With hope and faith, we move forward to- too little about the world to make decisions on gether. With knowledge and determination, we f our own. Well I argue the contrary. I think that strive, to make a better tomorrow. May God JONATHAN SEROTA YALE MODEL they are too rigid, they are too closed minded, Bless each and every one of you, and may God CONGRESS SPEECH and they are too pleased with pushing the Bless the United States of America. blame onto others, that they fail to see that the problem is caused by no one else but themselves. f HON. STEVE ISRAEL Is this what America is about? Surely the land OF NEW YORK of the free and the home of the brave is not just MAG STRITTMATTER IN THE HOUSE OF REPRESENTATIVES some idealistic nonsense that we were told about in second grade, and then by the cruel hand of Thursday, December 19, 2013 fate, forced to rule out as anything but true. Mr. ISRAEL. Mr. Speaker, I rise today, Mr. The American ideal that we all hold dear to our HON. ED PERLMUTTER hearts, the feeling of honor that sweeps over our Speaker, to draw your attention to a speech OF COLORADO senses and rushes down our spine when we pub- given by one of my young constituents, Jona- licly declare, ‘‘I am proud to be an American!’’ IN THE HOUSE OF REPRESENTATIVES than Serota of Brookville, NY. Jonathan ran is only true because our government is about us, for President of Yale Model Congress and the people. We, the people, in order to form a Thursday, December 19, 2013 spoke about the need for compromise and more perfect union, establish justice, insure do- commitment to our country. His words are mestic tranquility, provide for the common de- Mr. PERLMUTTER. Mr. Speaker, I rise wise beyond his years and all of the members fense, promote the general welfare, and secure today to recognize and applaud Mag of this chamber would do well to hear them. the blessings of liberty to ourselves and our pos- Strittmatter for her outstanding service and I’d like to share them with you now and here- terity. We are that posterity. commitment to our community. We have come to this conference to argue for by insert Jonathan’s speech as follows in the things which we are passionate about, and It takes great strength to face the heart- CONGRESSIONAL RECORD: argue against those which we are passionately breaking issues of poverty day after day, and For 408 hours, the government of the United not about. We have come to this conference to even more strength to lead others in that fight. States of America shut down its facilities and test each other, and our ability to work together Leading The Action Center, Mag has that closed its doors. Over the course of that tumul- to shape both foreign and domestic policy. We tuous time, national parks, museums, and public have come to this conference to gain experience, strength in abundance. She has overseen a grounds were barred to visitors. 800,000 Federal to gain knowledge, and to make progress not revolution in volunteer engagement at the Ac- workers were sent home from their jobs, and only for ourselves, but also for those who feel tion Center, where more than 7,000 volunteers many more were forced to work with delayed that their opinion doesn’t matter. While most of contribute annually for the good of the com- pay. Veterans, and active duty military per- us came here tonight with distinct political munity. She has built on-going partnerships sonnel and their families were kept in a con- agendas, we have always been able to open our with Red Rocks Community College, Jeffco stant state of fear, worried about making ends minds, challenge our beliefs, and move together Human Services and the Metro Community meet. This period of panic was not caused by in the hope that we may one day truly create some foreign aggressor, some archenemy of what Ronald Reagan famously described as, Provider Network to bring resources to clients state, or some ruthless tyrant. No, the crisis that ‘‘that shining city on a hill.’’ in one location. In her mentoring she can iden- shook the very faith that the American people I love what we do here at Model Congress. If tify strengths and build the organization had in their government, was caused by that you ask me, I don’t think we imitate Congress, around them, with the deep wisdom to see

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

VerDate Mar 15 2010 04:10 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.001 E19DEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1898 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2013 that each person has an important role. Under Gordon’s training at Folks Barber College in cation, housing, and economic opportunity that her leadership, The Action Center’s revenue Renton has helped her to continually enhance have faced North Minneapolis for decades. He increased by more than 600% since 2002. Di- and improve the shop. championed programs that trained residents rectly affecting the community she serves in Although the shop now has a new building and placed them into good jobs, working with such a positive way. and a new name, it continues its legacy of businesses to create sustainable, meaningful I extend my deepest congratulations to Mag classic comfort and high quality care. The Bar- employment. He reduced foreclosures, and Strittmatter for her well deserved honor by the ber Shoppe serves as a role model for many used city-owned land to promote affordable West Chamber serving Jefferson County. I other local businesses that hope to achieve a green housing. Mayor Rybak has laid the have no doubt she will exhibit the same dedi- similar record of success. foundation for revitalizing North Minneapolis, cation and character in all her future accom- I congratulate the Barber Shoppe on all of and I am confident that our city’s future lead- plishments. its accomplishments, and thank it for its con- ers will follow his lead. f tribution to the Kirkland community. Mayor Rybak has also tackled the signifi- f IN RECOGNITION OF RALPH WHITE cant challenges facing Minneapolis schools. HONORING MR. RAYMOND THOMAS He started Minneapolis Promise, which pro- ‘‘R.T.’’ RYBAK vides young people with free college and ca- HON. WILLIAM R. KEATING reer counseling and high-quality summer jobs. OF MASSACHUSETTS Since 2004, the STEP–UP internship program IN THE HOUSE OF REPRESENTATIVES HON. KEITH ELLISON has given real-world job experience to over OF MINNESOTA Thursday, December 19, 2013 18,000 Minneapolis youth. Rybak has led the IN THE HOUSE OF REPRESENTATIVES Mr. KEATING. Mr. Speaker, I, along with effort to close one of the nation’s widest Thursday, December 19, 2013 Representative Kennedy, Representative achievement gaps by connecting schools, gov- McGovern, Representative Neal, and Rep- Mr. ELLISON. Mr. Speaker, I rise today to ernment agencies, non-profit organizations, resentative Tsongas rise today to recognize recognize and honor the contributions of R.T. and businesses to work together for our chil- Mr. Ralph White, President of the Retired Rybak to the city of Minneapolis during his 12- dren’s futures. This will be one of the lasting State, County and Municipal Employees Asso- year tenure as mayor, and to applaud his achievements he leaves with Minneapolis, as ciation of Massachusetts, upon his upcoming leadership in areas from education to govern- he continues the fight to close the achieve- retirement. ment accountability to economic opportunity. ment gap as the next Chief Executive of Gen- Mr. White has diligently served the Associa- Mayor Rybak has been an outstanding leader, eration Next. tion for the past forty-five years, and his lead- a great public servant and a close friend. Minneapolis will always be indebted to ership has guided this organization though R.T. Rybak, a Minneapolis native, began his Mayor Rybak. From the balanced books of the many changes. Having retired at the age of distinguished career as a journalist for the city’s treasurer, to the youth who can aspire to thirty-eight from his position as a parole officer Minneapolis Tribune. While working for various greater opportunity than their parents, to the in the aftermath of a gunfire assault, Mr. White media outlets—including the Twin Cities Read- residents headed to a secure job after months knew that there was still much for him to give er, Minnesota Public Radio, and Public Radio or years out of work, his achievements have to the Commonwealth. He then began his role International—he was also an organizer who improved Minneapolis and I thank him for his of President of the Association. Throughout ran political campaigns and engaged in com- tireless service to our community. his tenure, he was instrumental in enacting munity activism. He campaigned for airport many key reforms that benefit retirees. Such noise mitigation, sponsoring the famous ‘‘Pa- f reforms included raising the pension cost-of- jama Protest’’ of 1999. Mayor Rybak’s tactics living ceiling, ensuring that retirees’ and sur- have been inventive and inclusive, and his LAKEWOOD HIGH SCHOOL vivors’ health insurance payments remained at openness has made him a strong ally of com- a reasonable level, and improving protections munities often left out of the political process. for disability retirees. Mr. White has given a Mayor Rybak confronted a city with serious HON. ED PERLMUTTER challenges: an increasing budget deficit, a great deal to the Association and to the Com- OF COLORADO monwealth of Massachusetts, and his perse- stark achievement gap, pension issues, and verance has touched many lives. public safety concerns. He went to work im- IN THE HOUSE OF REPRESENTATIVES mediately, making difficult decisions to adjust Mr. Speaker, I ask that my colleagues join Thursday, December 19, 2013 us in thanking Mr. Ralph White for his many taxes and budget priorities. Under his leader- years of service. ship, Minneapolis cut spending by 16 percent Mr. PERLMUTTER. Mr. Speaker, I rise f and paid down $350 million of the city’s debt, today to recognize and applaud Lakewood in spite of repeated state-level funding cuts. High School for their tremendous compassion HONORING THE BARBER SHOPPE Faced with crises such as the 2007 collapse and character shown during the floods that IN KIRKLAND of the I–35W bridge, and the 2009 Great Re- happened in the State of Colorado in Sep- cession, Mayor Rybak helped the city recover tember. This high school located in Lakewood, HON. SUZAN K. DelBENE with poise and energy. He was a strong advo- Colorado must be acknowledged because OF WASHINGTON cate for Minneapolis residents, while also they showed incredible spirit and support to IN THE HOUSE OF REPRESENTATIVES using these opportunities to bolster mass tran- other schools around Colorado during a time sit infrastructure and to further diversify our Thursday, December 19, 2013 of emergency. economy. Minneapolis has recovered all Ms. DELBENE. Mr. Speaker, I rise today to 10,000 jobs lost in the recession, and added After winning the Good Morning America honor the Barber Shoppe in Kirkland on fifty an additional 5,000. The city now ranks first in Katy Perry contest, the students of Lakewood years of successful business. Since it opened the country for its low unemployment rate, and High School used their moment in the national in 1964, the Barber Shoppe has been pro- is less susceptible to future economic fluctua- spotlight to direct national attention towards viding the community with quality service and tions. other students throughout the state affected by customer care. Their commitment to excel- Minneapolis is safer now than it has been in the floods. There are countless stories of dif- lence has ensured that business stays steady years. Most crimes have fallen to levels not ferent student groups and organizations within in rough economic times and remains a local seen in 35 years. the school sending supplies, money and sup- favorite. The people of Minneapolis are also more port to other students who were in need the I would like to give special recognition to Bill connected and informed. City-wide wireless most. This is exemplary of the character and Bitz, the man who first started the business in internet, digital access to government informa- compassion the faculty instills in the students the 1960’s. Although Bill died last year at the tion and services, and a forum for viewing city at this high school. age of 86, his legacy lives on at the Barber goals have made Minneapolis more open and I extend my deepest gratitude to Lakewood Shoppe. Bill instilled a special charm in the accessible. High School in their display of school spirit for family-owned business that is behind its popu- Mayor Rybak’s advocacy for North Min- their school and also for the State of Colo- larity. neapolis, in particular, has been long overdue rado. I am certain the students in this school Bill’s daughter, Brenda Gordon, proudly took on the city’s agenda. He increased city invest- will exhibit the same dedication and character over the shop from her father when he retired. ment in addressing persistent gaps in edu- in all of their future accomplishments.

VerDate Mar 15 2010 04:10 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A19DE8.003 E19DEPT1 tjames on DSK6SPTVN1PROD with REMARKS December 19, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1899 HONORING MICHELLE ‘‘MISSY’’ High. Bob’s wit and intellect won over Force, flying over five hundred missions in a PALMISCIANO Carolyn’s heart and became a perfect match B–52. to her grace and charm. As high school Upon his retirement from military service, HON. ELIOT L. ENGEL sweethearts, on November 23, 1963, Bob and Thomas felt the call to continue serving his OF NEW YORK Carolyn were married. community. He first joined the Placer County IN THE HOUSE OF REPRESENTATIVES The son of an Air Force Pilot, Bob followed Sheriffs office and then worked as a control in his father’s footsteps and was commis- officer at Folsom State Prison. Thursday, December 19, 2013 sioned in the United States Air Force. Over Thomas Boorman was an avid sportsman Mr. ENGEL. Mr. Speaker, Michelle ‘‘Missy’’ the course of the last fifty years since their and adventurist and a devoted supporter of Palmisciano is Founder and President of paths first crossed, Bob and Carolyn’s journey the Second Amendment. He would speak County Harvest—a non-profit food rescue or- would include assignments throughout the openly about his love for his country, his com- ganization she began in 2009 to ensure that U.S. and around the world. Bob was steadfast munity and the unique freedoms that Ameri- good food otherwise being discarded was in- in his commitment to support the varied mis- cans enjoy. His commitment to our freedoms stead saved and delivered by volunteers to sions of the United States, whether it be oper- was consistently illustrated by his lifetime of area soup kitchens, food pantries and home- ating C–130s or C–141s, fulfilling his test pilot military and public service. Please join me in less shelters. obligations, or commanding troops responsible honoring Thomas Boorman, a man of lifelong With more than 200 volunteers, and rela- for safe passage of everything from penguins service who will be sorely missed by so many. tionships with dozens of County-based agen- to Presidents. Carolyn, having been daughter f cies and food donor businesses, Missy and to a pilot herself, was equally steadfast in her her award-winning organization do more than commitment to the mission of a military wife HONORING THE GLACIER PEAK 60 food rescue runs each week and have col- and mother. She focused her troops on the GIRLS CROSS COUNTRY TEAM lected over 1 million pounds of food since active exploration of what each new location County Harvest began feeding thousands of had to offer, the intentional effort to forge HON. SUZAN K. DelBENE men, women and children every year. County strong relationships with one another, and the OF WASHINGTON Harvest continually seeks new food donors importance of an open mind. It is unques- IN THE HOUSE OF REPRESENTATIVES and agencies throughout Westchester County. tioned that the success of their partnership is Thursday, December 19, 2013 Missy is also a member of the Planning possible because of the strength and love Bob Board for the Village of Pelham Manor and an and Carolyn share. Ms. DELBENE. Mr. Speaker, I rise today to Advisory Board Member for Community Serv- Bob’s last assignment as the Vice Com- honor the 2013 Glacier Peak High School girls ice Associates in Mt. Vernon. She has served mander of the Air Force Development Test cross country team. On November 9, the as a Board Member for the Junior League of Center at Eglin Air Force Base, Florida Grizzlies repeated as 3A cross country state Pelham as co-chair of Community Outreach, brought them to the Gulf Coast in 1992. Bob champions, and I would like to congratulate member of the Prospect Hill Site Based Coun- retired from the Air Force as a Colonel in Oc- them on their impressive achievement. sel, Board Member of Huguenot Nursery tober 1994, though, with Carolyn’s continued The Grizzlies’ championship title is the re- School and various committee roles sup- support, he continues to contribute to the de- sult of the hard work and strong effort of the porting The Picture House and the Pelham fense of our country, including his role on my entire team. I would like to give special rec- Public Library’s Novel Night. staff as my Senior Military Advisor. ognition to senior Megan Davis, the team’s top She and her husband James have three Bob and Carolyn have accomplished much finisher at the state competition this year. children: daughters Jessica, and twins Allison together, but their greatest achievement is Megan finished 12th overall with a time of and Sarah. She is being honored by the their five daughters. They are the proud par- 19:00.13. Beyond Davis, the team’s success Pelham Civic Association for her extensive ents of Christine (and Brian McCann), Shana came from the efforts of freshmen Heidi Smith work in helping her community to be a better, (and Christopher Swartz), Kelly (and Shawn and Natalie Church, sophomore Charlie and healthier, place to live. I salute her for her Swartz), Sarah Kate, and Anna Lauren, and Sevenants, juniors Katherine Dittmann and good works and wish her every success in her proud grandparents to Jack, Kate, Alden, and Haley Longstreth, and senior Samantha Nor- future endeavors. Bridget. All five daughters have continued their throp. f parent’s commitment to family, community and The Glacier Peak girls cross country team compassion through their professions, such as has a legacy of success. Since it was estab- RECOGNIZING THE FIFTIETH WED- nursing, medical research and specialty lished in 2007, the team has never finished DING ANNIVERSARY OF ROBERT healthcare for Veterans as well as their per- any lower than seventh at the state competi- AND CAROLYN BLACK OF sonal endeavors such as programs for special tion, including three state championships in VALPARAISO, FLORIDA needs children and Scouting leadership. the past four years. Needless to say, Bob and Carolyn enjoy The Grizzlies’ impressive record of success HON. JEFF MILLER spending time with their family and the beauty is a testament to their incredible work ethic OF FLORIDA of the Emerald Coast. and the impressive coaching of Dan Parker. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, on behalf of the United States Coach Parker has provided the Grizzlies with the encouragement and training necessary for Thursday, December 19, 2013 Congress, I am humbled to recognize the dedicated service of Bob and Carolyn to the the team to continuously perform at such a Mr. MILLER of Florida. Mr. Speaker, I rise Northwest Florida community and this great high level of competition. today to commemorate the Fiftieth Wedding Nation. My wife, Vicki, and I congratulate the Again, I congratulate the Glacier Peak Girls Anniversary of Robert and Carolyn Black of Blacks, our dear friends, on their Golden Anni- Cross Country Team on all of their success. Valparaiso, Florida. A tireless and dedicated versary and wish them and their family all of Their accomplishments and awards from this member of my staff who has been with me God’s blessings. May He grant them many season are hard-earned and well-deserved. since the beginning of my time here in Con- more years of good health and happiness. f gress, Bob is the epitome of an unwavering f public servant, and I am grateful to have CAROL SALZMAN known him and his wife Carolyn for over THOMAS O. BOORMAN twelve years. I am proud to honor the Blacks HON. ED PERLMUTTER and congratulate them on this remarkable HON. TOM McCLINTOCK OF COLORADO milestone. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Bob and Carolyn, both born into military IN THE HOUSE OF REPRESENTATIVES families, have called many places home; how- Thursday, December 19, 2013 ever, it was each of their homes in Ohio in the Thursday, December 19, 2013 Mr. PERLMUTTER. Mr. Speaker, I rise 1960s that would prove to be particularly spe- Mr. MCCLINTOCK. Mr. Speaker, I rise today today to recognize and applaud Carol cial to them. Their parents were both stationed to honor Thomas O. Boorman, a man who Salzman for her outstanding service to our at Wright-Patterson Air Force Base outside of dedicated much of his life to serving others. community. Springfield, OH, and as neighbors, Carolyn Thomas spent four years serving on a mine Carol began her career as a critical care was literally ‘‘the girl next door.’’ Bob and sweeper in the Navy. He went on to serve for nurse at Exempla Lutheran Medical Center in Carolyn attended the same school, Greenon twenty-six years in the United States Air 1978 and is now the executive director of the

VerDate Mar 15 2010 04:10 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.008 E19DEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1900 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2013 ELMC Foundation. Two signature fundraising I congratulate Elaine Chapnick on receiving years. He stayed active in his community as a events she created and leads are the White this year’s Sunny Award, created in honor of union steward and later ran for Alderman of Rose Evening and the Leaves of Hope Run/ former LMC-TV President Sunny Yeddis Gold- the 6th Ward. He was first elected in 1993 and Walk, which support Lutheran’s hospice and berg, and given to individuals for their dedica- remained on the City Council until 1999. Addi- cancer programs respectively. Carol has a tion and their outstanding contribution to our tionally, Max served on the board of the Flor- passion for community health improvement community. ence Aldridge Child Development Center in and serves as the executive lead for Lutheran f East Moline. Medical Center’s wellness efforts. She be- Max loved being involved in his community, lieves that through partnerships with Jefferson TRIBUTE TO FRANK FLORES singing in his church choir and cheering on his County Public Health and other community or- Iowa Hawkeyes. He had a large family and ganization, we can address important commu- HON. DINA TITUS was a very proud father, stepfather, uncle, nity concerns like tobacco and obesity. Carol OF NEVADA grandfather and great-grandfather. lives the wellness message and believes in it IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I’d like to give my sincere con- with all of her heart. Thursday, December 19, 2013 dolences to Max Bandy’s family and friends I.extend my deepest congratulations to and honor his years of dedicated service to Carol Salzman for her well deserved honor by Ms. TITUS. Mr. Speaker, I rise today to pay the people of East Moline. the West Chamber serving Jefferson County. tribute to the life of Frank Flores, known lov- f I have no doubt she will exhibit the same dedi- ingly by his friends and family as ‘‘Apo,’’ cation and character in all her future accom- ‘‘Cabeza,’’ or ‘‘Tagasi,’’ who dedicated his life HONORING JERRY FRIEDMAN plishments. to his country and his family. Mr. Flores was f born on October 25, 1950, in Guam. He grad- HON. ELIOT L. ENGEL uated in 1968 from George Washington High ELAINE CHAPNICK OF NEW YORK School and enlisted in the United States Air IN THE HOUSE OF REPRESENTATIVES Force and retired in October 1990 at Los An- HON. ELIOT L. ENGEL geles Air Force Base (Space and Missile Sys- Thursday, December 19, 2013 OF NEW YORK tem Contracting Division) as a Master Ser- Mr. ENGEL. Mr. Speaker, Jerry Friedman is IN THE HOUSE OF REPRESENTATIVES geant. After his retirement from the Air Force, a wonderful example of someone who has Thursday, December 19, 2013 Mr. Flores continued his service to our country continually given back to his community over Mr. ENGEL. Mr. Speaker, Elaine Chapnick by joining the Veterans Administration, where the course of his 85 years. arrived in Larchmont in 1968 with her husband he performed a number of duties to assist his Jerry was born in Brooklyn on December 9, David and their two children, Adam and Me- fellow veterans. During his time at the VA, he 1928. He entered the service in 1948, and lissa. She joined the League of Women Voters rose from a GS 7 Trainee Veterans Benefits served in the Army Medical Corps before and volunteered to become Executive Director Counselor and retired as a GS 13 after just being discharged as a First Sergeant in 1953. of the New York Council on Children’s Tele- nine years. Mr. Flores served in a number of In 1955 he married Lillian and they had two vision, working with the networks to promote capacities, including as a Congressional Liai- children, Lynn and Stuart, and are grand- better programming with less commercialism. son Officer and as a Decision Review Officer. parents to Sophie and Benjamin. She also spoke with parent groups throughout Following his retirement from the VA, Mr. Flo- The family moved to Co-op City and lived the Metropolitan area on how to manage tele- res founded the Project Guiding Light Vet- there for the next 42 years. There Jerry vision in their children’s lives. erans Volunteer Advocacy Group, an organi- served on the Board of Directors for six years After teaching English for a year at a special zation focused on helping veterans navigate and was with the Boy Scouts for 20 years, be- fifth grade program at the Murray Avenue the benefits process at the VA. The group coming a Scout Master. School she joined Caroline Silverstone to form works closely with veterans and other Vet- He has been a member of the Knights of a video production company. Their documen- erans Service Organizations to help veterans Pythias for 25 years serving as Chancellor. tary projects included taping the Arts in the receive all of the benefits they have earned. Jerry has a long work history with the Gate- Schools program which Lincoln Center had in- Mr. Flores worked extensively with the Na- way Counseling Center where he worked with troduced in the Mamaroneck schools. She tional Association of Chamorro Veterans in consumer of mental health services. He was then ran an after school video club at America (NOCVA), an organization seeking to appointed to the Board of Visitors of the Bronx Chatsworth School. unite and organize Chamorro veterans across Psychiatric Center, a 360-bed facility accred- When her children were in school full time the United States to advocate on behalf of the ited by the Joint Commission on Healthcare she worked at Newsweek Broadcasting where Chamorro people. The organization, which Organizations and affiliated with the Albert she developed a pilot children’s public affairs was founded in 2011, has focused its efforts Einstein College of Medicine. Bronx Psy- program called Periscope. From there she on honoring Chamorro veterans, and serving chiatric Center has three inpatient services went to the American Lung Association, initi- as their voice in Washington. The Chamorro and a comprehensive outpatient program. ated their anti-smoking campaign and became ancestry traces back to Guam and the North- Jerry’s photography hobby led to his pic- the Executive Director of Communications. ern Mariana Islands. tures being shown at a variety of venues, in- During this time she served on the Board of Mr. Flores spent his entire life serving oth- cluding synagogues and senior citizen centers. the Emelin Theater, on the Board of ers, and helped thousands of veterans through I wish Jerry the happiest of birthdays and Larchmont Temple chairing the Adult Edu- his tireless advocacy and dedication. His leg- thank him for his many years of service and cation Committee, the Board of LMC-TV that acy will endure and serve as an example to us his many contributions to the community. negotiated the original community cable all. f agreement, the Board of Continuing Edu- f cation, the School Board Selection Committee, DEAR JON and the Hispanic Resource Center, serving as REMEMBERING THE LIFE OF Fund Chair and newsletter editor. MAXIMILIAN BANDY HON. E. SCOTT RIGELL She represented the Village of Larchmont OF VIRGINIA on the county’s Community Development HON. CHERI BUSTOS IN THE HOUSE OF REPRESENTATIVES Block Grant Committee and was a member of OF ILLINOIS Thursday, December 19, 2013 the Board of Trustees of Barnard College IN THE HOUSE OF REPRESENTATIVES where she chaired the Student Life Com- Mr. RIGELL. Mr. Speaker, I rise today on Thursday, December 19, 2013 mittee. behalf of Albert Caswell, who has written a More recently she was a reporter covering Mrs. BUSTOS. Mr. Speaker, I rise today to poem in honor of Staff Sergeant Jonathan the Larchmont Village Board meetings for the remember Maximillian Bandy of East Moline, Dozier of the United States Army. Staff Ser- Larchmont Gazette, was a member of the Illinois who passed away on December 5th at geant Dozier was killed in Sinsil, Iraq on Janu- Human Rights Committee which planned the the age of 87. ary 9, 2008, while serving his country. He was last five Martin Luther King, Jr. events, serves Max Bandy was born on February 1, 1926 a highly decorated soldier, earning the Bronze on the Planned Parenthood Luncheon Plan- in Centerville, Iowa, one of 11 children. After Star and Purple Heart for his heroic sacrifice ning Committee and is the President of the serving in the U.S. Army during the Korean and for his commitment to his fellow Ameri- Larchmont/Mamaroneck Local Summit. War, Max worked at Case IH for over 40 cans. He is survived by his wife Amy, their

VerDate Mar 15 2010 04:10 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.012 E19DEPT1 tjames on DSK6SPTVN1PROD with REMARKS December 19, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1901 daughter Emma and his sister Jennifer. As we And your Mother and Father’s pain cannot Westchester area, he volunteered to coach in come upon this holiday season, may we re- so be undone! Pelham Youth Hockey’s in house and travel member Staff Sergeant Dozier and his family, Until, programs. Joe continues to make significant as well as all our veterans and military per- they all so meet you up in Heaven one fine day Dear! contributions to Pelham and the tristate area sonnel who have sacrificed so much for this Dear Jon! with his volunteer coaching and administrative great nation. And across Chesapeake this night, league duties with the New York Raptors, a DEAR JON as they lay their heads down to rest . . . unique program that focuses on providing IN HONOR OF AN AMERICAN HERO WHO GAVE There comes a gentle rain from Heaven up mentally and physically challenged hockey THAT LAST FULL MEASURE OF DEVOTION SSG above, players with the opportunities to play hockey JONATHAN KILIAN DOZIER 3RD SQUAD, 2ND are but our Lord’s gift! with games and events that had never been CAVALRY SCOUT SNIPER THE UNITED STATES Are his tears to so ease your pain, offered to them before. ARMY that which you are all so left with, all of his Because of his extraordinary contributions, DEAR JON love’s! Until one fine day you all so meet up in he was recently presented at Madison Square Dear! Garden with the prestigious 2013 Emile Dear Jon! Heaven above! Rest my precious son! And you won’t have to cry no more! Francis Award for ‘‘tireless efforts, sacrifices, Your war is over, In life! dedication and service to youth hockey.’’ His your fight is won! Could we? dedicated commitment for the past 29 years And now, Would we? does not stop on the ice as he has been a as an Angel in The Army of our Lord your Would we ever the strength to so find? dedicated member of various charities and al- new charge has begun! To live such a selfless life as Jonathan’s all truistic causes and programs such as Ice As your soul went Airborne, in time! To fight the darkness and not ask why . . . Hockey in Harlem, Pelham Civic Association’s with your new wings oh high as won! Scholarship committee and as a volunteer with To watch over us from dusk to dawn! Dear Jon! To fight the darkness whenever it so forms! And now we lay your fine body down to rest! the local Recreation Department. And Jonathan we will miss you so, As all of our tears begin to crest! He and his wife Marcia reside in Pelham, now that you are gone! For you were one of those the most brilliant, with their three children, Jillian, Christopher, Dear Jon! the best of the best! and Alexander, who all were educated in the But your life, Dear Jon! Pelham School system. I congratulate Joe on and your times within our hearts now so You have died, his being honored by the Pelham Civic Asso- lives on! but you are not gone! ciation for his many years and many contribu- To remind us all, All in our souls you live on! Amen! tions to the betterment of life in his commu- of America’s Best with hearts so very warm! nity. Dear Jon! f And oh Jon, f BARBARA BROHL what a truly great American Hero you are EAGLE SCOUT CHANDLER my son! PRYMOWICZ Dear Jon. . . . HON. ED PERLMUTTER for your life was short but like a shining star OF COLORADO shines on! HON. LOU BARLETTA IN THE HOUSE OF REPRESENTATIVES Of such selflessness, OF PENNSYLVANIA who our Nation has so blessed! Thursday, December 19, 2013 IN THE HOUSE OF REPRESENTATIVES As Strength In Honor was but your life’s quest! Mr. PERLMUTTER. Mr. Speaker, I rise Thursday, December 19, 2013 As your fine soul was built upon the bedrock today to recognize and applaud Barbara Brohl Mr. BARLETTA. Mr. Speaker, I rise to honor of morality, for her outstanding service to our community. Eagle Scout Chandler Prymowicz of Nan- not to rest! As an RTD Board member, Barbara intro- ticoke, Pennsylvania who earned every pos- But For The Greater Good, duced a workforce development program for as you so gave all that you so could! sible merit badge recognized by the Boy transit projects promoting the introduction of Scouts of America. That Last Full Measure! women in non-traditional positions. Barbara is One’s Life, At age 10, Chandler joined Boy Scout Troop The Greatest of all Treasures! continuously active in the community—from 418 in Nanticoke. From his first day as a As the Angels wept! her ‘‘Newborns in Need’’ baby showers, to her member of this organization, he was deter- As they so saw what your fine soul would so mentoring programs, to the organizations she mined to earn every merit badge possible. To except! supports—including The Gathering Place and accomplish his goal, Chandler attended out of Dear Jon! the Hispanic Advisory Council for Florence state merit badge colleges, volunteered as a For you were Army Strong, Crittenton, an alternative high school for preg- camp counselor at Camp Minsi, and attended chapter and verse, your song! nant and parenting teens. Because you stood for Something, Jamboree in 2010. Even after reaching the I extend my deepest congratulations to Bar- rank of Eagle Scout at the age of 14, he con- from dusk to dawn! bara Brohl for her well deserved honor by the Airborne! tinued to pursue this aspiration. On October Ah, West Chamber serving Jefferson County. I 28th, 2013, Chandler completed the Sustain- but with such pride that patch was worn! have no doubt she will exhibit the same dedi- ability merit badge, earning him a total of 137 A Soldier’s Soldier! cation and character in all her future accom- merit badges and 12 palms. Only one out of A Scout Sniper, plishments. every 225,000 Boy Scouts is able to achieve who out into the darkness moved on! f this feat. Although he will age out of the Boy A team leader, from where such inspiration was so formed! HONORING JOE RUGGIERO Scouts this month, Chandler will stay involved All on your lonesome on the edge! in Scouting by becoming an assistant leader As you were gone! of Troop 418. Bolder than Bolder! HON. ELIOT L. ENGEL Mr. Speaker, for his determination and dedi- Bad To The Bone, OF NEW YORK cation to earn every available scouting badge, damn right just like your Dad a BullDOZIER IN THE HOUSE OF REPRESENTATIVES I commend Eagle Scout Chandler Prymowicz who the word courage owned! Thursday, December 19, 2013 and wish him the best in his future endeavors. A perfect soldier, who our Lord God soul now so owns! Mr. ENGEL. Mr. Speaker, Joe Ruggiero, the f Dear Jon! Chief of the Pelham Manor Fire Department, MARO DIMMER Rest my son! is a lifelong resident of Pelham whose profes- And your fine wife Amy and daughter Emma, sional commitment to Pelham as a decorated HON. ED PERLMUTTER miss you so with each new morning sun! Firefighter and Chief equals his charitable con- Looking into Emma’s face, OF COLORADO as it’s you we so see my son! tributions to the countless number of children IN THE HOUSE OF REPRESENTATIVES and their families he has helped. As your beautiful Sister Jennifer’s heartache Thursday, December 19, 2013 and tears have begun! Joe has dedicated decades using hockey to As she carries you in her heart and etched have a positive impact on community kids. Mr. PERLMUTTER. Mr. Speaker, I rise upon her arm! After creating Learn to Play clinics in the today to recognize and applaud Maro Dimmer

VerDate Mar 15 2010 04:10 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.017 E19DEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1902 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2013 for her outstanding service and commitment to Democratic Club and is presently a member of many degrees including a doctorate in Philos- our community. the Van Courtland Park Conservancy. ophy from Tulane University and a doctorate For over 27 years Maro and her husband He served as Chairman of Community in Sacred Theology from the Pontifical Ed Dimmer have successfully grown Board No. 8 in the Bronx for three years, and Urbaniana University. Rheinlander bakery in Olde Town Arvada into was the impetus for the creation of the 197– After spending time as a professor, George the community jewel it is today. The bakery A plan, a system by which city agencies and continued to serve his order when he became operates with the mission to give back to the local groups inspire area growth. He received the Vicar General for the Oblates of Mary Im- community by donating 10 percent of its prof- the 2000 David Rockefeller Fellowship for maculate. For 12 years, he traveled to mis- its for charitable activities. Maro is instru- helping to develop top private sector leaders sions in some of the poorest regions of Africa, mental in running the bakery’s fundraising and engage them in New York City’s public Latin America and Asia. In 1990 Pope John events, including the annual King Cakes for A arena. He is also Vice President of the Union Paul II appointed George as the fifth Bishop of Cause, a benefit for the Red Cross Disaster Square Partnership, and a member of The the Diocese of Yakima, Washington. In 1996 Relief Fund. With the celebration of Greenwich Village Chelsea Chamber of Com- he was appointed the ninth Archbishop of Rheinlander’s 50th year in business, the bak- merce and Village Alliance. Portland in Oregon when he was installed by ery raised over ten thousand dollars in their He has been selected several times as Pope John Paul II at the Cathedral of the Im- Bake Out Hunger Campaign, benefiting the ‘‘Commander for the Day’’ by the Policeman’s maculate Conception. George would serve Arvada Community Food Bank. Maro is a Association and ‘‘Principal for a Day’’ by PEN- there for less than a year before he was ap- huge advocate of small business development CIL. Mayor Bloomberg appointed Bill to the pointed by Pope John Paul II to the vacant and actively mentors bakeries in the Metro Workforce Investment Board, where he is on See of Chicago. He was the first native Denver area in addition to her own employ- the Strategic Planning Committee. Chicagoan to be appointed as the Archbishop ees, teaching about inventory, margins, mar- Bill is an adjunct professor at New York Uni- of Chicago, which serves 2.2 million Catholics keting and longevity. versity, teaching Facility Management and in 356 different parishes. Within the first year I.extend my deepest congratulations to Maro Leadership in Management. Bill has served as of his service in Chicago, George was ele- Dimmer for her well deserved honor by the president of his condominium board in River- vated to the honor of Cardinal. West Chamber serving Jefferson County. I dale for over five years. He has done numer- For almost 17 years Cardinal George has have no doubt she will exhibit the same dedi- ous residential and commercial deals, serving led his people in the Chicago Archdiocese cation and character in all her future accom- on Real Estate Board of New York’s, REBNY, with his unmatched intellect and warmth. At plishments. Residential Rental Committee, and REBNY’s Mass yesterday, Archbishop Joseph Kurtz, f Retail Committees. president of the U.S. Conference of Catholic Bill is committed to making a positive dif- Bishops, very aptly described George as ‘‘in- QUINTEN CURTIS ference in his community, the places he works telligent and articulate, courageous and curi- at, and the people he works with and for. It is ous, humble, zealous.’’ Kurtz continued, ‘‘Like HON. MARK MEADOWS my pleasure to join with the Riverdale Jewish Pope Francis, we see in you a generous heart OF NORTH CAROLINA Community Relations Council in honoring Bill and zealous missionary spirit . . . a humble IN THE HOUSE OF REPRESENTATIVES Abramson with the Community Builders Award man of vision.’’ for his years of dedicated service to his com- Today I express my admiration for Cardinal Thursday, December 19, 2013 munity and his city. George’s devotion to the Archdiocese of Chi- Mr. MEADOWS. Mr. Speaker, I rise today to f cago and the entire community, and honor his recognize Quinten Curtis, a 4th grade student lifetime of achievements. I ask my colleagues from Granite Falls, North Carolina, who has HONORING HIS EMINENCE to join me in wishing Francis Cardinal George truly demonstrated the spirit of Christmas this FRANCIS EUGENE CARDINAL well as he celebrates the 50th anniversary of season. When his mother, Becky, asked for GEORGE, O.M.I., ON THE 50TH AN- his ordination, and to thank him for his inspir- his Christmas list, Quinten requested two NIVERSARY OF HIS ORDINATION ing service. things: a clarinet and 100 cans of food for the f South Caldwell Christian Ministries. HON. DANIEL LIPINSKI Quinten has proved that every one of us OF ILLINOIS GABRIELLA MILLER KIDS FIRST RESEARCH ACT can have an impact on our community. His IN THE HOUSE OF REPRESENTATIVES dedication to helping others is truly exemplary Thursday, December 19, 2013 SPEECH OF and he is a role model for children and adults alike. Quentin set a goal of donating 100 cans Mr. LIPINSKI. Mr. Speaker, I rise today to HON. CHRIS VAN HOLLEN by Christmas, but so far has collected more honor Francis Cardinal George on the 50th OF MARYLAND than six times that amount. His selflessness is anniversary of his Ordination to the Priest- IN THE HOUSE OF REPRESENTATIVES contagious and has motivated others in his hood. Yesterday I joined more than 100 Wednesday, December 11, 2013 community to participate, collecting donations bishops from around the world and hundreds at the First United Methodist Church. of members of the Chicago Archdiocese in Mr. VAN HOLLEN. Mr. Speaker, I rise today Quinten’s generosity is an inspiration to us congratulating Cardinal George as he cele- to honor Gabriella Miller, a brave little girl who all this holiday season, exhibiting the true brated this milestone with a Mass at Holy was taken from the world much too soon. I meaning of Christmas. Name Cathedral in Chicago, Illinois where he know Gabriella’s parents are here in the f has served as leader of the Archdiocese for House gallery and I want to express to them almost 17 years. Francis Eugene George was how sorry I am for their loss. Gabriella was a HONORING WILLIAM ABRAMSON born in 1937 to Francis and Julia George on real fighter, not only for herself but for the Chicago’s Northwest side. He grew up there thousands of other children across the country HON. ELIOT ENGEL with his older sister Margaret and attended St. who are battling cancer. I’m pleased to join my OF NEW YORK Pascal School. At the age of 13 he was diag- colleague, MICHAEL MCCAUL, in co-chairing the IN THE HOUSE OF REPRESENTATIVES nosed with polio, and to this day wears a leg Congressional Childhood Cancer Caucus in brace to support the muscles that were dam- the House. Over the years, I’ve had the privi- Thursday, December 19, 2013 aged by his battle with the illness. lege of meeting hundreds of young people like Mr. ENGEL. Mr. Speaker, William Abramson But George persevered and kept his faith, Gabriella and families like the Millers. I’ve was born and raised in the Bronx and today enrolling at St. Henry Preparatory Seminary in heard their heartbreak and frustration, and is being honored by the Riverdale Jewish Belleville, Illinois, an affiliated high school with share their commitment to finding a cure for Community Relations Council with the Com- the Missionary Oblates of Mary Immaculate. this devastating disease. The National Insti- munity Builder Award for his commitment to He would eventually join the Missionary tutes of Health play a critical role in this ef- the community. Oblates and would make his solemn vow as a fort—conducting basic research toward finding His commitment is impressive. Bill was member of the order. George was ordained a cures, supporting clinical trials, and developing President of the Board of Directors of the Riv- priest in 1963 at St. Pascal Church where his treatments for childhood cancer and other pe- erdale YM–YWHA for four years and is now Catholic education had started as a boy. The diatric illnesses. I firmly believe that as a na- the Chairman of the Board. He is a Past following year he received a degree in the- tion we should be investing more in pediatric President of the Benjamin Franklin Reformed ology from the University of Ottawa, his first of research but the bill on the floor won’t do that.

VerDate Mar 15 2010 04:10 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.021 E19DEPT1 tjames on DSK6SPTVN1PROD with REMARKS December 19, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1903 Today’s bill purports to increase pediatric re- years of service to the U.S. House of Rep- I have no doubt she will exhibit the same dedi- search by $13 million per year by terminating resentatives. cation and character in all her future accom- public financing for political conventions. As- Evelyn began working for my predecessor, plishments. suming last year’s 5 percent sequester at NIH Congressman Tom Bevill, in 1979 and has f was spread evenly across their programs, worked continuously since then with passion then pediatric research would have been cut and dedication for the constituents of the cur- BURMA by roughly $182 million in 2013. The bill’s $13 rent Fourth Congressional District of Alabama. million would return less than 10 percent of It would be difficult to count the number of HON. JOSEPH R. PITTS the funding to pediatric research that was lost constituents that she has helped during her OF PENNSYLVANIA to sequester last year. On top of that, the bill tenure with the Fourth District of Alabama. IN THE HOUSE OF REPRESENTATIVES doesn’t actually appropriate any funding, but Evelyn was married for almost 40 years to Thursday, December 19, 2013 instead authorizes appropriations, which does Milton ‘‘Bud’’ Stevens and has two daughters, not guarantee that these funds will be avail- Renita Rigney and Amelia Sutter. She has five Mr. PITTS. Mr. Speaker, despite U.S. offi- able. grandchildren and ten great-grandchildren with cials continuing to celebrate the alleged Mr. Speaker, today’s bill isn’t a sincere effort two more great-grandchildren soon to be born. ‘‘opening’’ of Burma and planning projects to increase funding for pediatric research and She enjoys traveling with her daughters and such as bringing electricity to the entire coun- it shouldn’t come as a surprise to anyone. takes the time to visit a different baseball sta- try, we need to stop and listen to the people Since the Republican majority took office in dium in the country during a trip they take of Burma. The ethnic groups have a different 2011, they’ve racked up a dismal record on every year. Evelyn is also an avid bowler, story to tell, one which does not support U.S. NIH, having cut its budget by total of $4.2 bil- bowling every Tuesday evening with her team. agencies’ narrative. Ethnic minorities are not lion or 13 percent when adjusted for inflation. Few people can look back on their life and celebrating this alleged ‘‘opening.’’ Instead, If Republicans are really serious about pedi- see that they have contributed so much to the they continue to be forced to defend them- atric research, and in fact want to put kids well-being of their fellow citizens and their selves from offensive attacks by the Burma first, then they should work with us to replace country. Evelyn Stevens is one of those peo- army and regime. the sequester with a balanced budget pack- ple. Some officials in Washington act as if de- age. On behalf of myself and all the people of mocracy has suddenly infused all levels of government and all policies in Burma, includ- f Alabama’s Fourth Congressional District, I can never thank her enough for her hard work and ing by welcoming and feting Shwe Mann, the LORETTA DITIRRO dedication to serving the people of Alabama 3rd ranking official in the ‘‘former’’ dictatorship and the United States of America. who is now serving as the Speaker of the HON. ED PERLMUTTER May God bless Evelyn in the years to come. Combined House of Parliament. The people of Burma are still fighting for freedom of speech, OF COLORADO f conscience, belief, and association. Political IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION prisoners still languish in prison, the Muslim Thursday, December 19, 2013 minority has been brutally attacked by factions Mr. PERLMUTTER. Mr. Speaker, I rise HON. GUS M. BILIRAKIS of the Buddhist majority with nary an outcry by today to recognize and applaud Loretta DiTirro OF FLORIDA Aung San Suu Kyi or other democratically elected leaders, and Kachin women and girls for her outstanding service and commitment to IN THE HOUSE OF REPRESENTATIVES our community. are still raped by soldiers bent on purifying mi- Loretta is an extremely passionate and per- Thursday, December 19, 2013 nority bloodlines. How can a government that suasive individual, especially when it comes to Mr. BILIRAKIS. Mr. Speaker, on Thursday, continues to implement policies that directly community. She was instrumental in changing December 12, 2013, I missed rollcall vote No. contradict democratic principles be so em- the name of the Wheat Ridge Business Asso- 641 for unavoidable reasons. Had I been braced by the international community, includ- ciation, to help give more definition to the pur- present, I would have voted as follows: Roll- ing by U.S. officials? pose and future of the group. Loretta ensures call No. 641: ‘‘aye’’ (On passage of H. Res. What is wrong with this picture? The Admin- that the Wheat Ridge business members are 441.) istration is supporting those in favor of remov- well informed and well connected to the com- f ing a dictatorship in one country while embrac- munity at large, and she drove the member- ing a brutal dictatorship in another country. ship from 30 to 200 members. She hosts COLLEEN JORGENSEN How is it that in one area of the world, our events in her home to raise money for the government has provided training and weap- Feed the Future Backpack Program, giving HON. ED PERLMUTTER ons to groups working against a dictatorship— back to the children of her community. She OF COLORADO even as some members of the opposition may opened up her garden for the Inaugural Wheat IN THE HOUSE OF REPRESENTATIVES have direct links to Al Qaeda—while in Burma, we have turned our backs on a population that Ridge Garden Tour, and recruits volunteers for Thursday, December 19, 2013 the historic Wheat Ridge Carnation Festival. has longed for democracy, freedom, and the As an influential leader and organizer, she is Mr. PERLMUTTER. Mr. Speaker, I rise protection of basic rights? a valuable asset to the Wheat Ridge and Jef- today to recognize and applaud Colleen These inconsistent policies are deeply dis- ferson County communities. Jorgensen for her outstanding service and turbing. ‘‘Former’’ dictators who truly desired I extend my deepest congratulations to Lo- commitment to our community. to establish a democracy would stop using retta DiTirro for her well deserved honor by Despite facing numerous public education forced labor in military projects; would end the West Chamber serving Jefferson County. funding cuts, Colleen found a way to launch a horrific attacks against the Kachin, Northern I have no doubt she will exhibit the same dedi- campaign to make Red Rocks Community Shan and Taang communities; would cease cation and character in all her future accom- College ‘‘green,’’ resulting in reduced paper rearming, rebuilding, and resupplying their plishments. consumption, in a recycling program, and a bases in ethnic territories; and would dis- f boiler system that reduced 30% of carbon continue using bait and switch tactics in nego- emissions. She has translated the value of tiations. IN HONOR OF MRS. EVELYN mentorship into Community Learning Centers, In recent negotiations between the Burma STEVENS the Gateway program, and a shadowing pro- Government and the ethnic groups, the Gov- gram for potential Principal Investigators. Col- ernment acts as if the ethnic groups should HON. ROBERT B. ADERHOLT leen stays active in her greater community by prove that they are trustworthy in terms of any OF ALABAMA serving on numerous boards and area cham- ceasefire agreement. I would strongly posit IN THE HOUSE OF REPRESENTATIVES bers. Colleen’s creativity and innovation in that it’s the other way around: the Government education has left a lasting impact on thou- of Burma must prove its trustworthiness to the Thursday, December 19, 2013 sands of college students, hundreds of col- ethnic groups by ending its aggression before Mr. ADERHOLT. Mr. Speaker, it is my privi- leagues and the business community. any ceasefire occurs. The ethnic minorities lege today to honor Mrs. Evelyn Stevens, a I extend my deepest congratulations to Col- have simply defended their people and states member of my staff for almost seventeen leen Jorgensen for her well deserved honor by when under attacks initiated by the Burma years. Evelyn is retiring this year after over 34 the West Chamber serving Jefferson County. government. It is time for those attacks to

VerDate Mar 15 2010 04:10 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.025 E19DEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1904 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2013 stop, it is time for the Burma Army to withdraw and explore. Liberty High School and the former Director of Personnel for the Govern- from the ethnic areas, and it is time for the World of Wonders Science Museum represent ment of the U.S. Virgin Islands, who recently international community to stop indirectly facili- what can be accomplished when all partners passed away after a long illness. Leslie A. tating the blatant racism in Burma by normal- involved work together. Millin was a career public servant, a commu- izing every relationship with the regime Burma I urge my colleagues to join me in recog- nity activist and a man committed to our terri- and instead express exceptional disappoint- nizing Liberty High School and the World of tory. ment with the failure to move forward towards Wonders Science Museum for earning a com- He will be remembered for his hard work honest political dialogue and true democracy. petitive grant and for the work they do with and dedication to civil service and his commit- I call on the Government of Burma to prove children in our community. ment to improving the quality of life, not just its commitment to democracy and peace by f for government employees, but for all Virgin unconditionally and immediately ending the HONORING MARTHA LOPEZ Islanders. horrific attacks against ethnic minorities and Leslie Millin, Sr. was first appointed to Di- fully withdrawing from their territories. Earn the rector of Personnel, by our first elected gov- trust of the people by showing, over the long HON. ELIOT L. ENGEL ernor, the Honorable Melvin E. Evans in 1972. OF NEW YORK term, that you truly have turned 180 degrees Under his directorship, a voluntary Health In- IN THE HOUSE OF REPRESENTATIVES and will implement democratic principles insurance Plan was established. He continued stead of imposing a dictatorship on the popu- Thursday, December 19, 2013 his service during the administration of former lation. Mr. ENGEL. Mr. Speaker, Martha Lopez ar- Governor Juan Luis, and was the last Per- I call on the Obama Administration to em- rived here from Mexico City when she was 15, sonnel Director to administer both the Govern- brace the reality in Burma. Listen to what the attended and graduated from Mamaroneck ment Employees Retirement System and the people who live inside Burma say they desire. High School. She went on to get her B.A. in Personnel System of the Virgin Islands gov- They want to live in peace, but that will not Sociology from Lehman College and a Mas- ernment. Under the administration of the Hon- happen until the Burma Government and Army ter’s degree in Social Work from Columbia orable Roy L. Schneider, he served as Direc- stop their attacks against the ethnic groups University. tor of Human Resources and Comptroller of and enact a nationwide ceasefire. The U.S. She worked for the Washingtonville Housing the Department of Public Works. Administration needs to stop its direct and in- Alliance for more than 17 years as the assist- Leslie Millin, Sr. came from a family for direct support for the Burma Government and ant director. While there she involved herself whom public service was first nature. He is the Army by discontinuing assistance until specific in a variety of community activities including grandson of the first female Virgin Islands benchmarks are met, by delaying any Pen- as a Founding Member of the Board of Direc- Senator Lucinda Millin, the son of the third tagon training until all attacks against minori- tors of KEEPS, an after-school program for elect Lieutenant Governor Henry A. Millin and ties cease, and by ensuring the ethnic nation- children in Mamaroneck, and as a Founding the brother of sitting Virgin Islands senator ality groups are given a full and equal place at Member and Chair of Voz y Vida at St. Vito’s Janet Millin Young and the father of current the table to help decide the future of their Church which helps Hispanic families adjust to Commissioner of Property and Procurement country. the United States and easing the problems of Lynn Millin Maduro. To the ethnic nationalities of Burma—stand day laborers in Mamaroneck. Voz y Vida re- As we remember Leslie Millin, Sr.’s example your ground. You deserve to have your rights ceived the Martin Luther King Award from the of public service, I offer my condolences to his and freedoms protected and you deserve an Mamaroneck Tri-Commission Human Rights wife, Daisy-Mae, his sister, Senator Janet equal place at the table to decide the future of Committee in 1993. Millin Young, his children, to include Commis- She is also a member of the Westchester your country. sioner Lynn Millin Maduro and his many other Hispanic Advisory Board, Secretary to the relatives, friends and colleagues who are all f Board of Directors, Emelin Theater, and Co- saddened by his passing. On behalf of my RECOGNIZING THE ACCOMPLISH- founding the Hispanic Resource Center of Larchmont/Mamaroneck and served for two family and staff, I extend my sympathies. May MENTS OF LIBERTY HIGH he rest in peace. SCHOOL AND THE WORLD OF years its president. f WONDERS SCIENCE PROGRAM She received the Dr. Martin Luther King Human Rights Award, for her efforts on behalf HONORING CHIEF MARK of immigrants MCCORMICK HON. JERRY McNERNEY In 2001 Martha was named Director for His- OF CALIFORNIA panic Affairs for Westchester County, serving IN THE HOUSE OF REPRESENTATIVES as a bridge between government programs HON. MIKE THOMPSON Thursday, December 19, 2013 and services and the Westchester Hispanic OF CALIFORNIA community. IN THE HOUSE OF REPRESENTATIVES Mr. MCNERNEY. Mr. Speaker, I rise today In 2010 Martha oversaw the village-wide Thursday, December 19, 2013 to recognize Liberty High School in Brent- educational campaign that complied with the wood, California. Liberty High School was the Federal Voting Rights Case settlement of Port Mr. THOMPSON of California. Mr. Speaker, recipient of the Lawrence Livermore National Chester. I rise today to recognize Chief Mark McCor- Security’s (LLNS) Community Gift Program for She is presently Bilingual Election Inspector mick, who is retiring after more than 20 years the school’s AP Environmental Science and Coordinator with Westchester County Board of of service with the Santa Rosa Fire Depart- Calculus Classes. These classes engage stu- Elections where she manages a county-wide ment. dents in science through a water quality moni- training program for more than 200 bilingual Mark has been a member of the Santa toring project that allows students to sample, (English-Spanish) election inspectors. Rosa Fire Department for more than 20 years, analyze, and interpret water quality data for She and her husband Dennis Hanratty, Ex- during which time he has served our commu- Marsh Creek. ecutive Director of Mount Vernon United Ten- nity in a number of capacities. He has served I also want to recognize the World of Won- ants, have two children. Louis and Jason. as a Firefighter, Fire Captain, Fire Inspector ders Science Museum in Lodi, California, Martha Lopez has compiled an extraor- as well as the Department’s Deputy Fire Chief which also was a recipient of the LLNS Com- dinary record of accomplishments for the His- and City Fire Marshal. Mr. McCormick was ap- munity Gift Program. This museum offers panic community and for Westchester County pointed Fire Chief on September 1st, 2011. hands-on, science-based exhibits and pro- and I am proud to join with the Hispanic His long and storied career began 32 years grams to disadvantaged schools within San Democrats of Westchester in honoring her. ago when he served his country in the United Joaquin County. f States Air Force in Anchorage, Alaska. After Engaging young people in science, tech- TRIBUTE TO LESLIE A. MILLIN being honorably discharged from the Air nology, math, and education programs is key Force, he began his post-military career in to ensuring that the United States remains a firefighting with both the City of Corona and world leader in technology advancements and HON. DONNA M. CHRISTENSEN the Orange County Fire Departments prior to OF THE VIRGIN ISLANDS innovation. We must challenge our children in- moving to Santa Rosa in 1991. IN THE HOUSE OF REPRESENTATIVES tellectually and find ways to keep them inter- During his tenure with the SRFD Mark saw ested in making our world a better place. Thursday, December 19, 2013 many successes, including the expansion of It is in the classroom, the home, and our Mrs. CHRISTENSEN. Mr. Speaker, I rise to the department’s service territory with the con- community that children are inspired to learn honor the memory of Leslie A. Millin, Sr. a struction of Fire Station–10 and Station–11. In

VerDate Mar 15 2010 04:10 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.030 E19DEPT1 tjames on DSK6SPTVN1PROD with REMARKS December 19, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1905 addition, Mr. McCormick was instrumental in IN HONOR OF LIEUTENANT NANCY Rams team on their victory. This team made the development of a funding plan for the relo- THURNAUER its community proud by the way it simply cation of Fire Station–5 to Fountaingrove dominated its competition en route to becom- Parkway, which is within a significant Wildland HON. JOE COURTNEY ing state champions. Urban Interface fire zone within the City. Mark OF CONNECTICUT I look forward to next year’s football season also oversaw the implementation of a residen- IN THE HOUSE OF REPRESENTATIVES and wish the Wreckin’ Rams team good luck tial sprinkler ordinance as well as major im- in defending its crown. Thursday, December 19, 2013 provements in public safety communications f ensuring that all police and fire communica- Mr. COURTNEY. Mr. Speaker, I rise today BARBARA SCRIPPS tions functioned in all buildings, large and to pay tribute to Lieutenant Nancy Thurnauer small. These efforts are first hand proof that who is set to retire from the Coventry Police Chief McCormick’s top priority was always the Department at the end of December 2013. Af- HON. ED PERLMUTTER safety of his community. fectionately known as Officer Nancy, she has OF COLORADO In addition to his work as a public servant, spent the last thirty-two years serving the IN THE HOUSE OF REPRESENTATIVES Mark is a former President of the Santa Rosa Town of Coventry. Thursday, December 19, 2013 Firefighters, IAFF Local 1401 where he served Lieutenant Nancy Thurnauer began her ca- Mr. PERLMUTTER. Mr. Speaker, I rise on their Executive Board for eight years. In reer with the Coventry Police Department on today to recognize and applaud Barbara 2003, Mark was honored by labor and man- September 14, 1981 as a dispatcher. She be- Scripps for her outstanding service to our agement as the Santa Rosa Firefighter of the came a sworn officer in August 1985 and was community. Year. promoted to the rank of Lieutenant in February In addition to running her own accounting Mr. Speaker, Mark McCormick has spent of 1998. She often worked with children, and firm in Evergreen for over twenty years, Bar- more than two decades serving his country spent a number of years teaching D.A.R.E. in bara never hesitates to take the role of the and community. It is appropriate that we honor the Coventry School system. Frequently leader on multiple non-profit boards, creating a him today for his public service and to wish praised for her compassion for others, Officer trajectory to get things done. With her partici- him well upon his retirement. Nancy was beloved by many in Coventry. She pation, community boards have undergone f received numerous commendations and heart- positive, significant financial changes and felt letters of gratitude from those she had growth. As current president of the Evergreen HONORING REV. EDWARD helped. MULRAINE Rotary Club she is helping to implement a In 2008, Lieutenant Thurnauer played a cru- fundraising strategy transition. She is a long- cial role in negotiating the surrender and ap- serving board member of both Evergreen HON. ELIOT L. ENGEL prehension of an armed assailant who had Country Day School and Mt. Evans Hospice, OF NEW YORK just committed a murder and was holding a and she saw the Center for Arts Evergreen IN THE HOUSE OF REPRESENTATIVES child, refusing to surrender. Her courage and through its creation of a visual arts center, and Thursday, December 19, 2013 skill earned her the Department’s Police Serv- continues to serve on that board. The Colo- ice Cross. rado CPA Society recognized Barbara with an Mr. ENGEL. Mr. Speaker, Houses of Wor- I ask that my colleagues join with me in ship in the United States have played a major award as a ‘‘CPA Making A Difference’’, honoring the career of Lieutenant Nancy based on her strong support for her commu- role in our communities, offering solace, sup- Thurnauer. I wish her the best of luck with all port, and sustenance, both physical and nity. her future endeavors. I have no doubt that she I extend my deepest congratulations to Bar- moral, to all. In Mount Vernon, the Unity Bap- will remain an active member of her commu- tist Tabernacle, under the guidance of the bara Scripps for her well deserved honor by nity in Coventry. the West Chamber serving Jefferson County. Rev. Edward Mulraine fulfils all those roles, f and today we are celebrating Rev. Mulraine’s I have no doubt she will exhibit the same dedi- tenth Pastoral Anniversary in guiding the ACADIANA HIGH SCHOOL cation and character in all her future accom- membership of his church. WRECKIN’ RAMS CROWNED plishments. Rev. Mulraine has accomplished much in STATE CHAMPIONS f that time to help his Church, his Ministry and HONORING SUSAN SOBEL his Community. HON. CHARLES W. BOUSTANY, JR. He established a Men’s Fellowship Choir, a OF LOUISIANA HON. ELIOT L. ENGEL Prayer Ministry, a Senior Ministry, and the IN THE HOUSE OF REPRESENTATIVES OF NEW YORK Gospel Pearls. He expanded the Church’s IN THE HOUSE OF REPRESENTATIVES Ministry through radio station WVOV and the Thursday, December 19, 2013 Internet. He instituted Women as Deacons Mr. BOUSTANY. Mr. Speaker, I rise today Thursday, December 19, 2013 and Unity Baptist Tabernacle saw its first to congratulate the Acadiana High School Mr. ENGEL. Mr. Speaker, Susan Sobel, the Women Deacons in 2011. Unity Tabernacle Wreckin’ Rams football team for recently being District Manager of the Yonkers Field Office of now teaches Weekly Bible Study and has a crowned Class 5A state champions by the the Social Security Administration is retiring Drama Ministry and a Catering Ministry. Louisiana High School Athletic Association on after 35 years of service to the people on the More pragmatically Rev. Mulraine raised the December 14, 2013, in New Orleans. This New York area. funds for a new computer center which now team put on a show for the ages as it Susan began her career in November 1977 has 14 brand new computers, installed new air amassed a state finals rushing record of 634 as a claims representative trainee in the Hunts conditioning in the Dining Hall, painted the yards night en route to its 77–41 win over the Point Field Office and in 1982, she was pro- sanctuary and redid the Church roof, and is Parkway High Panthers in the state champion- moted to operations supervisor in the East paying off the $300,000 mortgage. ship game. The 77 points by the Rams was a Bronx Field Office. In 1988, she participated in Beyond his church and ministry, Rev. Class 5A record, including 42 points in the first the New York Region Staff Development Pro- Mulraine has aided his community by getting half. gram as a field services specialist in the New pedestrian crossing light on local streets, The game was a shootout with teams trad- York Regional Office. marching against violence, and protesting cuts ing possessions frequently. Acadiana High Over the years, Susan held positions of in- to Day Care and Mount Vernon Hospital. He School attributed its success to the veer of- creasing responsibility, including social insur- established the Annual Church Trip and Fel- fense which combined a strong offensive line ance program analyst in the New York Office lowship to South Carolina, started Home Com- with a formidable ground game. Evidenced by of the Regional Commissioner and Assistant ing after Summer Break, and fought for funds the fact four of the team’s running backs District manager in the Yonkers Field Office. for the South Street Park. gained over 140 yards under the bright lights In September 2002, she received a temporary Rev. Mulraine, and all of Mount Vernon, of the Mercedes-Benz Superdome, the offen- promotion to District Manager of the White today celebrate his tenth anniversary as Min- sive scheme was a success. Plains office and, in June 2003, she was ister of the Unity Baptist Tabernacle. I am This was Acadiana High School’s third state named District Manager of the Yonkers Field proud to join in this celebration of a man who championship. I’d like to congratulate Coach office. has made a great difference in his Church, his Ted Davidson, finals’ Most Outstanding Player Throughout her career, Susan received nu- Ministry and his Community. Edward Cormier, and the entire Wreckin’ merous awards, including a Commissioner’s

VerDate Mar 15 2010 04:10 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.034 E19DEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1906 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2013 Citation team award in 2001 and Deputy Com- Vermilion used a balanced attack as it passed account will not become a slush fund for missioner’s Citations in 2004 and 2005. for 269 yards while rushing for another 216 unrequested defense spending. She was noted for her attention to detail yards. Recording 16 first downs was key to The final agreement also eases restrictions and her dedication to the Social Security Ad- establishing a new Class 1A championship on the ability of DoD to transfer Guantanamo ministration and its mission. I worked with her record for most points in a game. detainees and takes an important step in ad- on several occasions and was impressed by Congratulations to Coach Russell Kuhns dressing our indefinite detention policy there. her ability and her attention to detail. I want to and his team as this state championship In particular, I am pleased that this bill drops personally thank her for her years of dedicated comes on the ten year anniversary of the a provision that would have barred the use of service. Class 1A crown Vermilion won in 2003. funds to transfer prisoners to Yemen and au- Susan and her husband Ron, who is also I look forward to next year’s football season thorizes the Pentagon to transfer detainees to retiring from the SSA, plan to spend time cele- and wish the Screamin’ Eagles team good other foreign countries under certain condi- brating family and friendships, travelling and luck in defending its crown. tions. More needs to be done when address- exploring. I wish them the very best in their re- f ing our indefinite detention policy, but provi- tirement years. sions such as these represent significant ANN DEMERS f progress. I am also encouraged by the changes this CONTINUING APPROPRIATIONS HON. ED PERLMUTTER bill makes with regards to how the military re- RESOLUTION, 2014 OF COLORADO sponds to sexual assault cases. It adopts Sen- IN THE HOUSE OF REPRESENTATIVES ate language to bar individuals from joining SPEECH OF Thursday, December 19, 2013 the military if they have been convicted of a HON. PAUL RYAN sex-related offense; it imposes a minimum OF WISCONSIN Mr. PERLMUTTER. Mr. Speaker, I rise sentence of dishonorable discharge or dis- today to recognize and applaud Ann Demers IN THE HOUSE OF REPRESENTATIVES missal on those found guilty; and it prohibits for her outstanding service to our community. commanders from dismissing a court martial Thursday, December 12, 2013 As a Special Needs teacher in Jefferson finding or reducing the offense level of guilty Mr. RYAN of Wisconsin. Mr. Speaker, Sec- County Ann always gave above and beyond. findings. tion 401 creates a new category of employee Eventually becoming a school psychologist, Finally, the compromise bill does make called a ‘‘Further Revised Annuity Employee’’ she led training for the Second Step Cur- some progress on allowing the Department of and would require Further Revised Annuity riculum and was a member of the Crisis Re- Defense to execute the New START Treaty. Employees to contribute additional amounts sponse Team during the Columbine High Specifically, it allows DoD to begin planning into the CRSDF. It is the intent of Congress School tragedy. Ann is involved in her neigh- and preparation for implementing the force for OPM to create a new normal cost for the borhood, church, and family, organizing com- structure to meet the required limits of the Further Revised Annuity Employees, and to munity events and service activities. She cre- New START Treaty. However, it still goes too ensure that the retirement plan not be under- ated a church community service group known far in limiting the President’s ability to fully im- funded. as the Red Tent Ladies, and once she started plement the treaty and set the country’s nu- Additionally, it is the intent that for the new on the Ralston House Board they saw expo- clear policy. Further Revised Annuity Employee Plan that nential growth. Her spirit and dedication are I am also disappointed that this legislation the only determinant of whether an individual truly inspiring. authorizes the establishment of a missile de- is a FERS employee or Member, as opposed I extend my deepest congratulations to Ann fense site on the East Coast that the Pen- to a FERS Revised Annuity Employee or Demers for her well deserved honor by the tagon continues to say is unnecessary. This FERS Further Revised Annuity Employee, is West Chamber serving Jefferson County. I provision disregards the advice of the Joint through application of the FERS Revised An- have no doubt she will exhibit the same dedi- Chiefs of Staff and seeks to tie the President’s nuity Employee test. And that the new Further cation and character in all her future accom- hands in determining military requirements in Revised Annuity Employee test only differen- plishments. other parts of the world. This bill also contains tiates between FERS Revised Annuity Em- f provisions which ignore DoD recommenda- ployee coverage and new FERS Further Re- NATIONAL DEFENSE AUTHORIZA- tions and continues to fund unrequested vised Annuity Employee coverage. TION ACT FOR FISCAL YEAR 2014 weapons systems and military aircraft, includ- f ing the M1A2 Abrams tank, the C–130 AMP, SPEECH OF and the UH–72A Light Utility Helicopter. VERMILION CATHOLIC HIGH Despite these reservations, this compromise SCHOOL CAPTURES STATE 1A HON. CHRIS VAN HOLLEN legislation is a marked improvement over the CROWN OF MARYLAND bill the House passed earlier this year. It con- IN THE HOUSE OF REPRESENTATIVES tains many important provisions that will HON. CHARLES W. BOUSTANY, JR. Thursday, December 12, 2013 strengthen our national security while also pro- OF LOUISIANA viding for our troops and their families. Mr. VAN HOLLEN. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES f in support of final passage of the FY2014 Na- Thursday, December 19, 2013 tional Defense Authorization Act. I commend HONORING AUDREY SMITH- Mr. BOUSTANY. Mr. Speaker, I rise today Chairman MCKEON, Chairman LEVIN, Ranking JOHNSON to congratulate the Vermilion Catholic High Member SMITH, and Ranking Member INHOFE School Screamin’ Eagles of Abbeville for re- for crafting a bipartisan bill that both strength- HON. ELIOT L. ENGEL cently winning Louisiana’s Class 1A state ens the security of our nation and provides for OF NEW YORK championship over the Saint Frederick Catho- vital programs that benefit our men and IN THE HOUSE OF REPRESENTATIVES lic High School Warriors on December 14, women in uniform and their civilian colleagues. 2013, in the Mercedes-Benz Superdome in While not perfect, today’s compromise legis- Thursday, December 19, 2013 New Orleans. With a convincing 63–18 win, lation makes many key improvements over the Mr. ENGEL. Mr. Speaker, Audrey Smith- there was no doubt which team deserved to Defense Authorization bill that the House Johnson was born in Yonkers and attended be crowned state champions. voted on earlier this year. I am particularly en- Yonkers Public Schools, and graduated from The Vermilion Screamin’ Eagles team couraged that the final agreement we voted on Tefft Business School. As a high school stu- capped off its perfect 10–0 season with an of- today includes $80.7 billion in funding for over- dent, she volunteered at the Yonkers YWCA fensive display that kept fans on the edge of seas contingency operations (OCO), which is and was a Candy Striper at St Joseph Hos- their seats. After trailing 3–0 early in the in line with the Pentagon’s request. This is an pital. But it was while working various posi- game, the Screamin’ Eagles answered by important change from the $85.8 billion that tions at a temp agency that she found her scoring 42 of the next 49 points. It was too was included in the House-passed authoriza- passion in real estate. She received her Real much for Saint Frederick to overcome as tion in June. Today’s bill provides sufficient Estate Certificate and has been working in Vermilion continued its scoring barrage on of- funds to fully meet the President’s FY 2014 re- that field for 28 years. fense and special teams while its defense request for the war in Afghanistan while ensur- But she has another calling, and that is as fused to give the Warriors an opening. ing that the overseas contingency operations a member of her community. In July, 2005,

VerDate Mar 15 2010 04:10 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.039 E19DEPT1 tjames on DSK6SPTVN1PROD with REMARKS December 19, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1907 she joined Community Sunset Temple #1132, While the school stresses the importance of chusetts Fishermen’s Partnership. The name Daughters of Elks, IBPOE Elks of the World. its students, the community surrounding the was fitting, as it truly has been an organization She was promptly elected as Doorkeeper and school appreciates the hard work and dedica- or partnership of as many as eighteen distinct in 2006 she was elected as the Treasurer. tion of all the staff at the Maria Konopnicka fishing organizations from throughout the There she has embraced in all facets of Polish Language School. Parents and stu- state. The group’s founders soon recognized Elkdom. Some of the positions she holds are: dents understand the school’s success is the strong need for comprehensive health care Assistant Vice Loyal Daughter of Unity Past thanks to the unceasing devotion of teachers for fishermen and their families. Daughter Rulers Council (Westchester & and administrative staff who work relentlessly One of the original founding members of the Rockland), she is a member of the New York for the benefit of the students. MFP and one of this year’s award recipients is State Daughters of Elks—Royal Court Depart- Mr. Speaker, I ask my colleagues to join me Mrs. Angela Sanfilippo. Ms. Sanfilippo is well ment, Treasurer/Financial Secretary of the in recognizing the outstanding faculties and known throughout the industry. For thirty- Past State President Circle of Westchester, students, both past and present, at the Maria seven years she has been a constant cru- Rockland and Sullivan Counties. This year she Konopnicka Polish Language School, and con- sader for the fishermen of Gloucester in her is the Chairperson of the Mid-Winter Con- gratulating them on this special 40th anniver- role as the President of the Gloucester Fisher- ference for The New York State IBPOE of W. sary. May the school continue to exhibit excel- men’s Wives Association. She has battled to She also belongs to the Yonkers African- lence in teaching students about Polish cul- prevent the drilling for oil on Georges Bank American Heritage Committee, a not-for-profit tural heritage and language for years to come. and to keep The Stellwagen Bank National community based organization that partners f Marine Sanctuary open to fishing, both com- with several other such organizations, such mercial and recreational. Her many years of as: Sister To Sister, YMCA, YWCA and The HONORING THE BEAR CREEK BOYS dedicated service to the local fishing industry Yonkers Public Library. Mrs. Johnson joined SOCCER TEAM have been invaluable to its success. the YAAHC in 2005, and was named Financial This year’s second recipient of the ‘‘Friend Secretary, a job she has kept, along with sev- HON. SUZAN K. DelBENE of the Fishing Industry Award’’ was Mr. J.J. eral appointed positions such as: Chairperson- OF WASHINGTON Bartlett. For twenty years he has served as Nominating Committee, Joint-Chair-Scholar- IN THE HOUSE OF REPRESENTATIVES the focal point of the ‘‘Fishing Partnership’s Health Plan’’ and has worked tirelessly on cre- ship Committee and Assistant Corresponding Thursday, December 19, 2013 Secretary. ating and providing affordable, comprehensive Ms. DELBENE. Mr. Speaker, I rise today to In May 2009, Senior Center #9, located at health care for fishing industry families. In honor the 2013 Bear Creek High School boys Terrace City Lodge #1499 appointed her Com- 2008 the Boston Business Journal named him soccer team. On November 23, the Bear munication/Publicity Director. a ‘‘40 under 40’’ honoree, and in 2009 he tes- Creek Grizzlies won the 1B/2B state cham- She and her husband, John (Worshipful tified on rural health issues and hard to reach pionship, ending their impressive season with Master of James H. Farrell #34, PH) have populations at the request of the White House a record of 21–2–0. I congratulate them on been married for 31 years. They have two Office of Health Reform. The Fishing Partner- this impressive achievement. children, Mrs. LaTasha Pagan and John, Jr., ship under the guidance of Mr. Bartlett now This championship victory was especially and a granddaughter Karissma. She is also a provides access to professional counseling, fulfilling for Bear Creek High School because mother and grandmother to her extended fam- assistance with health insurance applications, it settled a rivalry between them and Grace ily—Ms. Capricia McClellan and her children and offering Safety at Sea Training. The Fish- Academy. The Grizzlies’ only two losses dur- and her grandchildren. ing Partnership has now become the Human ing the season were to Grace Academy, with I am proud to join the Luther V. Garrison Sr. Resource Department for the Massachusetts both of those games ending in 0–0 draws and Masonic Foundation in honoring Audrey fishing community. decided by penalty kicks. Tied 0–0 at halftime, Mr. Speaker, I am proud to honor Ms. An- Smith-Johnson as Woman of the Year for her the Grizzlies would not let history repeat gela Sanfilippo and Mr. J.J. Bartlett, this year’s many contributions to her community. again, and they came together to win the state recipients of the Offshore Mariners’ Wives f championship game by a score of 2–0. ‘‘Friends of the Fishing Industry’’ awards. I ask HONORING THE MARIA I would like to give special recognition to that my colleagues join me in thanking them KONOPNICKA POLISH LANGUAGE Jesse Leuenberger and Nathan Sim who for their service to the local Massachusetts SCHOOL OF CHICAGO AND OAK scored the two goals of the state final. Goal- fishing industry. LAWN, ILLINOIS ON ITS 40TH AN- keeper Blake Denniston also played a pivotal f NIVERSARY role in the final game, earning a shutout in the championship game. MICHELLE CLAYMORE The Grizzlies’ defense racked up 16 shut- HON. DANIEL LIPINSKI outs this season and the offense outscored its HON. ED PERLMUTTER OF ILLINOIS opponents by 87–7. OF COLORADO IN THE HOUSE OF REPRESENTATIVES The Grizzlies’ impressive record this season IN THE HOUSE OF REPRESENTATIVES Thursday, December 19, 2013 is also a testament to the team’s high level of Thursday, December 19, 2013 coaching. Coach Chad Pohlman provided the Mr. LIPINSKI. Mr. Speaker, I rise today to Mr. PERLMUTTER. Mr. Speaker, I rise boys with encouragement and training nec- recognize the Maria Konopnicka Polish Lan- today to recognize and applaud Michelle Clay- essary to achieve this notable feat. guage School in Chicago and Oak Lawn, Illi- more for her outstanding service and commit- Again, I congratulate the Bear Creek boys nois. This year the school will celebrate its ment to our community. soccer team on all of their success. Their ac- 40th anniversary. Michelle Claymore’s enthusiasm for Jeffer- Chicagoland is home to the largest popu- complishments and success are hard-earned son County’s economic vitality is both evident lation of people of Polish descent living out- and well-deserved. and contagious. She helped set in motion the side of Poland. The Polish Language School, f AddOne campaign, improving the economy named for the great Polish poet, novelist, and IN RECOGNITION OF ANGELA one job at a time, and has attracted, ex- activist, Maria Konopnicka, serves this popu- SANFILIPPO AND J.J. BARTLETT panded and retained employment through her lation by offering kindergarten through high role as the Vice President of the Jefferson school students the opportunity to connect HON. WILLIAM R. KEATING County Economic Development Corporation with and explore their Polish heritage. For for the past 18 years. Michelle’s innovative OF MASSACHUSETTS forty years the school has excelled in teaching business incentive structure was instrumental IN THE HOUSE OF REPRESENTATIVES its students Polish language, history, and cul- in attracting the Coleman Company’s cor- ture. Thousands of children have learned Thursday, December 19, 2013 porate headquarters to relocate to Jefferson about Polish cultural heritage as well as the Mr. KEATING. Mr. Speaker, I rise today to County in 2011. Understanding the importance role Poles play in the United States and the recognize Ms. Angela Sanfilippo and Mr. J.J. of professional development, she started and world community, now and in the future. With Bartlett, this year’s recipients of the Offshore runs the first nationally accredited economic its emphasis on civic responsibility, the school Mariners’ Wives ‘‘Friends of the Fishing Indus- development training program in Colorado. shapes students dedicated to supporting and try’’ awards. The program has trained over 200 students so improving Chicago’s communities, and I am In late 1994, a group of people got together far. Her passion for the county, its businesses proud to have it in my district. and formed an organization called the Massa- and its citizens knows no bounds.

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HIGHLIGHTS Senate agreed to the motion to concur in the amendment of the House of Representatives to the amendment of the Senate to H.R. 3304, Na- tional Defense Authorization Act. Senate S. 1871, to amend title XVIII of the Social Secu- Chamber Action rity Act to repeal the Medicare sustainable growth Routine Proceedings, pages S8985–S9069 rate formula and to improve beneficiary access under Measures Introduced: Twenty-three bills were in- the Medicare program. Page S9051 troduced, as follows: S. 1859–1881. Pages S9051–52 Measures Passed: Measures Reported: Enrollment Corrections: Senate agreed to H. Con. S. 1376, to improve the Federal Housing Admin- Res. 71, providing for corrections to the enrollment istration and to ensure the solvency of the Mutual of the bill H.R. 3304. Page S9068 Mortgage Insurance Fund, with amendments. (S. Native American Veterans’ Memorial Amend- Rept. No. 113–129) ments Act: Senate passed H.R. 2319, to clarify cer- S. Res. 157, expressing the sense of the Senate tain provisions of the Native American Veterans’ that telephone service must be improved in rural Memorial Establishment Act of 1994. Page S9068 areas of the United States and that no entity may Alaska Native Tribal Health Consortium Land unreasonably discriminate against telephone users in Transfer Act: Committee on Indian Affairs was dis- those areas, with an amendment in the nature of a charged from further consideration of H.R. 623, to substitute. (S. Rept. No. 113–130) provide for the conveyance of certain property lo- S. 975, to provide for the inclusion of court-ap- cated in Anchorage, Alaska, from the United States pointed guardianship improvement and oversight ac- to the Alaska Native Tribal Health Consortium, and tivities under the Elder Justice Act of 2009, with the bill was then passed. Page S9068 amendments. Federal Permit Streamlining Pilot Project: S. 1417, to amend the Public Health Service Act Committee on Energy and Natural Resources was to reauthorize programs under part A of title XI of discharged from further consideration of H.R. 767, such Act, with an amendment in the nature of a to amend the Energy Policy Act of 2005 to modify substitute. the Pilot Project offices of the Federal Permit S. 1491, to amend the Energy Independence and Streamlining Pilot Project, and the bill was then Security Act of 2007 to improve United States-Israel passed. Pages S9068–69 energy cooperation, with amendments. S. 1719, to amend the Public Health Service Act Accuracy for Adoptees Act: Committee on the Ju- to reauthorize the poison center national toll-free diciary was discharged from further consideration of S. 1614, to require Certificates of Citizenship and number, national media campaign, and grant pro- other Federal documents to reflect name and date of gram. birth determinations made by a State court, and the S. 1870, to reauthorize and restructure adoption bill was then passed. Page S9069 incentive payments, to better enable State child welfare agencies to prevent sex trafficking of children Measures Considered: and serve the needs of children who are victims of Workforce Investment Act: Senate began consider- sex trafficking, to increase the reliability of child ation of the motion to proceed to consideration of S. support for children. 1356, to amend the Workforce Investment Act of D1216

VerDate Mar 15 2010 07:07 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D19DE3.REC D19DEPT1 tjames on DSK6SPTVN1PROD with DIGEST December 19, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D1217 1998 to strengthen the United States workforce de- During consideration of this measure today, Senate velopment system through innovation in, and align- also took the following action: ment and improvement of, employment, training, By 55 yeas to 45 nays (Vote No. 285), Senate and education programs in the United States, and to agreed to the motion to close further debate on the promote individual and national economic growth. nomination. Page S9068 Page S8986 Nominations—Agreement: A unanimous-consent- House Messages: time agreement was reached providing that if cloture National Defense Authorization Act: By 84 yeas is invoked on the nomination of Alejandro Nicholas to 15 nays (Vote No. 284), Senate agreed to the mo- Mayorkas, of the District of Columbia, to be Deputy tion to concur in the amendment of the House of Secretary of Homeland Security, all but one hour of Representatives to the amendment of the Senate to post-cloture time be yielded back, and that when the H.R. 3304, to authorize and request the President to Senate convenes on Friday, December 20th, 2013, award the Medal of Honor to Bennie G. Adkins and Senate continue consideration of the nomination, Donald P. Sloat of the United States Army for acts with the remaining hour of debate equally divided of valor during the Vietnam Conflict and to author- between Senators Carper and Coburn, or their des- ize the award of the Medal of Honor to certain other ignees, and that following the use or yielding back veterans who were previously recommended for of time, Senate vote on confirmation of the nomina- award of the Medal of Honor, after taking action on tion; that the Senate then vote on the motion to in- the following motions and amendments proposed voke cloture on the nomination of John Andrew thereto: Pages S8986–S9068 Koskinen, of the District of Columbia, to be Com- Withdrawn: missioner of Internal Revenue, as under the regular Reid motion to concur in the amendment of the order, and that if cloture is invoked, all post-cloture House of Representatives to the amendment of the time be yielded back, and Senate vote on confirma- Senate to the bill, with Reid Amendment No. 2552, tion of the nomination; that the Senate then vote on to change the enactment date. Pages S8987 the motion to invoke cloture on the nomination of During consideration of this measure today, Senate Brian J. Davis, of Florida, to be United States Dis- also took the following action: trict Judge for the Middle District of Florida, as By 45 yeas to 55 nays (Vote No. 283), Senate under the regular order, and that if cloture is in- failed to table the Reid motion to concur in the voked, all post-cloture be yielded back, and Senate amendment of the House of Representatives to the vote on confirmation of the nomination; that the amendment of the Senate to the bill, with Reid Senate then vote on the motion to invoke cloture on the nomination of Janet L. Yellen, of California, to Amendment No. 2552 (listed above). Pages S9009–10 Reid Amendment No. 2553 (to Amendment No. be Chairman of the Board of Governors of the Fed- 2552), of a perfecting nature fell when Reid Amend- eral Reserve System, as under the regular order, and if cloture is invoked on the nomination, all post-clo- ment No. 2552 was withdrawn. Pages S9067–68 ture time be yielded back, and Senate vote on con- Appointments: firmation of the nomination on Monday, January 6, United States-China Economic Security Review 2014 at a time to be determined by the Majority Commission: The Chair, on behalf of the President Leader, in consultation with the Republican Leader; pro tempore, pursuant to Public Law 106–398, as that the cloture motions on the nominations of Sloan amended by Public Law 108–7, and upon the rec- D. Gibson, of the District of Columbia, to be Dep- ommendation of the Republican Leader, in consulta- uty Secretary of Veterans Affairs, Sarah Sewall, of tion with the Ranking Members of the Senate Com- Massachusetts, to be an Under Secretary of State (Ci- mittee on Armed Services and the Senate Committee vilian Security, Democracy, and Human Rights), Mi- on Finance, reappointed the following individual to chael L. Connor, of New Mexico, to be Deputy Sec- the United States-China Economic Security Review retary of the Interior, Sarah Bloom Raskin, of Mary- Commission: land, to be Deputy Secretary of the Treasury, Jessica The Honorable James M. Talent of Missouri, vice Garfola Wright, of Pennsylvania, to be Under Sec- Daniel Blumenthal, for a term expiring December retary of Defense for Personnel and Readiness, and 31, 2015. Page S9069 Richard J. Engler, of New Jersey, to be a Member Mayorkas Nomination: Senate resumed consider- of the Chemical Safety and Hazard Investigation ation of the nomination of Alejandro Nicholas Board be withdrawn. Pages S9041–42 Mayorkas, of the District of Columbia, to be Deputy Nominations Received: Senate received the fol- Secretary of Homeland Security. Page S9068 lowing nominations:

VerDate Mar 15 2010 07:07 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D19DE3.REC D19DEPT1 tjames on DSK6SPTVN1PROD with DIGEST D1218 CONGRESSIONAL RECORD — DAILY DIGEST December 19, 2013 Gregg Jeffrey Costa, of Texas, to be United States 12:21 a.m. on Friday, December 20, 2013, until 9 Circuit Judge for the Fifth Circuit. a.m. on the same day. (For Senate’s program, see the Julie E. Carnes, of Georgia, to be United States remarks of the Acting Majority Leader in today’s Circuit Judge for the Eleventh Circuit. Record on page S9069.) James Alan Soto, of Arizona, to be United States District Judge for the District of Arizona. Leo T. Sorokin, of Massachusetts, to be United Committee Meetings States District Judge for the District of Massachu- (Committees not listed did not meet) setts. Eleanor Louise Ross, of Georgia, to be United BUSINESS MEETING States District Judge for the Northern District of Georgia. Committee on Energy and Natural Resources: Committee Leigh Martin May, of Georgia, to be United ordered favorably reported the following business States District Judge for the Northern District of items: Georgia. S. 37, to sustain the economic development and M. Hannah Lauck, of Virginia, to be United recreational use of National Forest System land and States District Judge for the Eastern District of Vir- other public land in the State of Montana, to add ginia. certain land to the National Wilderness Preservation Mark Howard Cohen, of Georgia, to be United System, to release certain wilderness study areas, to States District Judge for the Northern District of designate new areas for recreation, with an amend- Georgia. ment in the nature of a substitute; Tanya S. Chutkan, of the District of Columbia, to S. 404, to preserve the Green Mountain Lookout be United States District Judge for the District of in the Glacier Peak Wilderness of the Mount Baker- Columbia. Snoqualmie National Forest, with an amendment; Michael P. Boggs, of Georgia, to be United States S. 974, to provide for certain land conveyances in District Judge for the Northern District of Georgia. the State of Nevada, with an amendment in the na- Page S9069 ture of a substitute; Nomination Discharged: S. 1237, to improve the administration of pro- The Senate Committee on Homeland Security and grams in the insular areas, with an amendment in Governmental Affairs was discharged from further the nature of a substitute; consideration of the following nomination under the S. 1300, to amend the Healthy Forests Restora- authority of the order of the Senate of January 7, tion Act of 2003 to provide for the conduct of stew- 2009 and the nomination was placed on the Execu- ardship end result contracting projects, with amend- tive Calendar on December 17, 2013: ments; Michael G. Carroll, of New York, to be Inspector S. 1301, to provide for the restoration of forest General, United States Agency for International De- landscapes, protection of old growth forests, and velopment. Page S9069 management of national forests in the eastside forests of the State of Oregon, with an amendment in the Messages from the House: Page S9049 nature of a substitute; Measures Read the First Time: Pages S9049, S9069 S. 1341, to modify the Forest Service Recreation Executive Communications: Pages S9049–51 Residence Program as the program applies to units of the National Forest System derived from the pub- Petitions and Memorials: Page S9051 lic domain by implementing a simple, equitable, and Executive Reports of Committees: Page S9051 predictable procedure for determining cabin user Additional Cosponsors: Pages S9052–54 fees, with an amendment; Statements on Introduced Bills/Resolutions: S. 1491, to amend the Energy Independence and Pages S9054–64 Security Act of 2007 to improve United States-Israel energy cooperation, with amendments; Additional Statements: Page S9047 H.R. 1158, to direct the Secretary of the Interior Authorities for Committees to Meet: Page S9064 to continue stocking fish in certain lakes in the Privileges of the Floor: Page S9064 North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recre- Record Votes: Three record votes were taken today. ation Area; and (Total—285) Pages S9010, S9067–68 H.R. 2337, to provide for the conveyance of the Adjournment: Senate convened at 10 a.m. on Forest Service Lake Hill Administrative Site in Sum- Thursday, December 19, 2013 and adjourned at mit County, Colorado.

VerDate Mar 15 2010 07:07 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D19DE3.REC D19DEPT1 tjames on DSK6SPTVN1PROD with DIGEST December 19, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D1219 BUSINESS MEETING NOMINATIONS Committee on the Judiciary: Committee ordered favor- Committee on the Judiciary: Committee concluded a ably reported the following business items: hearing to examine the nominations of Daniel D. S. 975, to provide for the inclusion of court-ap- Crabtree, to be United States District Judge for the pointed guardianship improvement and oversight ac- District of Kansas, who was introduced by Senator tivities under the Elder Justice Act of 2009, with an Moran, Cynthia Ann Bashant, to be United States amendment; and District Judge for the Southern District of Cali- The nominations of Peter Joseph Kadzik, of New fornia, who was introduced by Senator Feinstein, Jon York, to be an Assistant Attorney General, Robert David Levy, to be United States District Judge for L. Hobbs, to be United States Marshal for the East- the District of Maine, who was introduced by Sen- ern District of Texas, and Gary Blankinship, to be ators Collins and King, and Theodore David United States Marshal for the Southern District of Chuang, and George Jarrod Hazel, both to be a Texas, all of the Department of Justice. United States District Judge for the District of Maryland, who were introduced by Senators Mikul- ski and Cardin, after the nominees testified and answered questions in their own behalf. h House of Representatives Senate Referrals: S. 1847 was referred to the Com- Chamber Action mittee on Armed Services and S. 947 was referred to Public Bills and Resolutions Introduced: 17 pub- the Committee on Financial Services. Page H8120 lic bills, H.R. 3787–3803; and 1 resolution, H. Res. Quorum Calls—Votes: There were no yea-and-nay 448 was introduced. Pages H8124–26 votes, and there were no Recorded votes. There were Additional Cosponsors: Pages H8126–27 no quorum calls. Report Filed: Reports were filed today as follows: Adjournment: The House met at 11 a.m. and ad- H.R. 3628, to eliminate certain unnecessary re- journed at 11:05 a.m. porting requirements and consolidate or modify others, and for other purposes (H. Rept. 113–299). Committee Meetings First Annual Report of the Activities of the Com- No hearings were held. mittee on Veterans’ Affairs During the One Hun- dred Thirteenth Congress (H. Rept. 113–300). Joint Meetings Page H8124 No joint committee meetings were held. Speaker: Read a letter from the Speaker wherein he f appointed Representative Harris to act as Speaker pro tempore for today. Page H8119 COMMITTEE MEETINGS FOR FRIDAY, DECEMBER 20, 2013 Chaplain: The prayer was offered by the guest chaplain, Reverend Andrew Walton, Capitol Hill Pres- (Committee meetings are open unless otherwise indicated) byterian Church, Washington, DC. Page H8119 Senate Senate Messages: Messages received from the Senate No meetings/hearings scheduled. by the Clerk and subsequently presented to the House today appear on page 8120. House No hearings are scheduled.

VerDate Mar 15 2010 07:07 Dec 20, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D19DE3.REC D19DEPT1 tjames on DSK6SPTVN1PROD with DIGEST D1220 CONGRESSIONAL RECORD — DAILY DIGEST December 19, 2013

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Friday, December 20 10 a.m., Monday, December 23

Senate Chamber House Chamber Program for Friday: There will be a series of 6 rollcall Program for Monday: The House will meet in pro votes beginning at approximately 10:15 a.m. forma session at 10 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE DelBene, Suzan K., Wash., E1898, E1899, E1907 Miller, Jeff, Fla., E1899 Ellison, Keith, Minn., E1898 Perlmutter, Ed, Colo., E1897, E1898, E1899, E1901, Aderholt, Robert B., Ala., E1903 Engel, Eliot L., N.Y., E1899, E1900, E1900, E1901, E1901, E1903, E1903, E1905, E1906, E1907 Barletta, Lou, Pa., E1901 E1902, E1904, E1905, E1905, E1906, E1908 Pitts, Joseph R., Pa., E1903 Bilirakis, Gus M., Fla., E1903 Israel, Steve, N.Y., E1897 Rigell, E. Scott, Va., E1900 Boustany, Charles W., Jr., La., E1905, E1906 Keating, William R., Mass., E1898, E1907 Ryan, Paul, Wisc., E1906 Bustos, Cheri, Ill., E1900 Lipinski, Daniel, Ill., E1902, E1907 Christensen, Donna M., The Virgin Islands, E1904 McClintock, Tom, Calif., E1899 Thompson, Mike, Calif., E1904 Courtney, Joe, Conn., E1905 McNerney, Jerry, Calif., E1904 Titus, Dina, Nev., E1900 Delaney, John K., Md., E1897, E1908 Meadows, Markk, N.C., E1902 Van Hollen, Chris, Md., E1902, E1906

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