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

Vol. 160 WASHINGTON, THURSDAY, JANUARY 30, 2014 No. 18 House of Representatives The House was not in session today. Its next meeting will be held on Friday, January 31, 2014, at 3 p.m. Senate THURSDAY, JANUARY 30, 2014

The Senate met at 10 a.m. and was to the Senate from the President pro ahead, and I think it is safe to say that called to order by the Honorable CHRIS- tempore (Mr. LEAHY). despite the hype, there was not a whole TOPHER MURPHY, a Senator from the The legislative clerk read the fol- lot in this year’s State of the Union State of Connecticut. lowing letter: that would do much to alleviate the U.S. SENATE, concerns and anxieties of most Ameri- PRAYER PRESIDENT PRO TEMPORE, cans. There was not anything in there The Chaplain, Dr. Barry C. Black, of- Washington, DC, January 30, 2014. that would really address the kind of fered the following prayer: To the Senate: dramatic wage stagnation we have seen Let us pray. Under the provisions of rule I, paragraph 3, over the past several years among the Eternal Spirit, we don’t know all of the Standing Rules of the Senate, I hereby middle class or the increasingly dif- appoint the Honorable CHRISTOPHER MURPHY, that this day holds, but we know that a Senator from the State of Connecticut, to ficult situation people find themselves You hold this day in Your sovereign perform the duties of the Chair. in trying to find stable, good-paying hands. Lord, we praise You, that even PATRICK J. LEAHY, jobs. There was no creative proposal though we only have a feeble hold on President pro tempore. for increasing mobility or opportunity You, You have a mighty grasp on us. Mr. MURPHY thereupon assumed the for folks who need it most. Guide our lawmakers across their Chair as Acting President pro tempore. Even more remarkable, the President toiling hours, illuminating their mo- Mr. REID. Mr. President, I suggest completely ignored the serious hard- ments with the light of Your wisdom. the absence of a quorum. ship that folks in Kentucky and just Lord, empower them to live with integ- The ACTING PRESIDENT pro tem- about everywhere else in the country rity and wisdom amid the corruption pore. The clerk will call the roll. are dealing with right now as a result that seeks to keep them from glori- The legislative clerk proceeded to of his health care law. He just blew fying You. May they be unafraid to call the roll. right past it like it was not even hap- contend steadfastly for truth, as You Mr. MCCONNELL. Mr. President, I pening. give them the ability to see it. Use ask unanimous consent the order for There are serious issues that demand their labors to hasten the day when the quorum call be rescinded. a serious response, and if for some rea- justice and understanding will encom- The ACTING PRESIDENT pro tem- son the President doesn’t want to face pass our world. pore. Without objection, it is so or- up to them or offer meaningful solu- We pray in Your great Name. Amen. dered. tions, Republicans certainly will. We f f have a lot of creative ideas on our side PLEDGE OF ALLEGIANCE that speak to the day-to-day concerns RECOGNITION OF THE MINORITY of middle-class Americans. In the The Presiding Officer led the Pledge LEADER of Allegiance, as follows: months ahead we will keep talking The ACTING PRESIDENT pro tem- about them. In fact, just this morning I pledge allegiance to the Flag of the pore. The Republican leader is recog- United States of America, and to the Repub- the House Republican leadership lic for which it stands, one nation under God, nized. reached out to the President in an ef- indivisible, with liberty and justice for all. f fort to solicit his help in encouraging f the Democratic leadership in the Sen- PROPOSED IRS REGULATIONS ate to take up House-passed bills that APPOINTMENT OF ACTING Mr. MCCONNELL. Mr. President, ear- do the types of things the President PRESIDENT PRO TEMPORE lier this week President Obama ex- said the other night he supports. The PRESIDING OFFICER. The plained to the American people what Maybe that would be a good use of the clerk will please read a communication he hopes to accomplish in the year President’s phone and his pen.

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

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I am referring to the adminis- try to shut them up, and they have no After recent scandals the IRS should tration’s radical new proposal to codify problem using the powers of the gov- not be getting more involved in what the same kind of targeting of grass- ernment itself to do it—less than a people can and cannot say but less in- roots groups that an independent in- year after presiding over one of the big- volved. Commissioner Koskinen must spector general determined that the gest abuses of government power in the take a stand against this kind of thug- IRS engaged in in the run up to the modern memory. The arrogance here is gery and make it clear to a nervous 2012 election. I realize it just doesn’t literally breathtaking. public that his agency will not engage seem possible to a lot of people that But we have seen this kind of thing in any more government-sanctioned the Obama administration would even again and again from our liberal crackdowns on speech. think of touching an issue this radio- friends over the years. They just can- You know, the President made what I active after last year’s scandal, but not accept a public that disagrees with think was a pretty revealing comment those who think that underestimate their plans for the country. They just in a recent interview when he talked the extent to which this administra- cannot seem to accept a society in about his inability to break through tion and its allies are willing to go to which ‘‘we, the people,’’ establish the with certain Republicans. Rather than keep those who disagree with them rules—not them. Whether it is the fair- concede that they may have a different from speaking out or participating in ness doctrine or the DISCLOSE Act, world view or that they disagree with the political process. They underesti- they want those who disagree with his approach to the issues of the day, mate the extent to which they are will- them to sit down and shut up. Their the President blamed FOX News and ing to go to hold onto power, and they view is you can fight for your ideals, Rush Limbaugh of somehow convincing forget how speech is usually stifled. you can speak out, but only if you folks that he is something he is not. I think a far more likely explanation James Madison once wrote: agree with me. If you are on the other side, you don’t have a right to speak is that the President does stuff like I believe there are more instances of the this. I think a more likely explanation abridgement of freedom of the people by out; not only that, but I am going to is that in the sixth year of his Presi- gradual and silent encroachments by those put you out of business. I am going to dency he would rather blow kisses to in power than by violent and sudden use the IRS—for goodness sake, the his liberal base than work with Repub- usurpations. IRS—to identify anybody who dis- licans to create jobs and increase op- That was James Madison, and that is agrees with me and shut them up. I am portunity and prosperity for the mil- what is going on. The fact is that right doing it through regulation because I lions of Americans who are really now the Obama administration is get- cannot pass it through legislation. ting ready to codify the same kind of This is just one way the President struggling out there. Rather than let people from one end of the political intimidation and harassment of its po- plans to go around the people’s elected spectrum to the other duke it out litical opponents that stunned the Na- representatives this year and every through robust public debate, he wants tion last year, and hardly anybody is American needs to know about this to use the IRS to drive conservatives talking about it—certainly not the abuse of power. Let me be clear. What right off the playing field. That is a President on Tuesday night. It is time the administration is proposing poses a better explanation for why ordinary we start talking about it because what grave threat to the ability of ordinary conservatives across the country are the administration is planning is noth- Americans to freely participate in the not buying the idea that you are some ing less than declaring a war, not just democratic process. Rather than re- kind of pragmatic problem solver, in- on its opponents but on free speech form the IRS and root out any hint of stead of a liberal ideologue who seems itself. corruption or targeting of political op- Here is their plan. The administra- more interested in shutting down your ponents, they are now proposing to critics than working with us in facing tion proposes to redefine political ac- codify it. Fearful of losing the Senate, tivity so broadly that grassroots the Nation’s most urgent problems. they have decided to double down. In- Just 3 months ago the President groups all across the country that exist stead of getting the IRS out of the sought to unite the country around the for the sole purpose of speaking out on business of policing speech, they want argument that as Americans we never issues of liberty or limited government to make it the final arbiter of political give up. What I am saying this morning or free enterprise or anything else that speech. is that even as he is saying that, he is the administration doesn’t want to Some may ask, why is the IRS, an also busy kicking the ladder out from hear about will be forced to literally agency whose purpose is to collect under anybody who disagrees with him. shut down. Just by speaking out on taxes, even involved in muzzling That is just what this new IRS pro- these issues of broad public concern, speech? How did that happen? posal does, and Republicans plan to they would be ruled out of bounds That is a very good question. It fight it every step of the way. under new IRS rules—just in time, by should not be. The administration Mr. President, I say to my friend the the way, for the midterm elections. needs to start explaining to the Amer- majority leader, who deferred to me If you think this kind of speech is ican people why it is engaging in this this morning, that I have two more precisely what the First Amendment abuse of power, especially after last statements. I am sorry to detain him. was written to protect, you would be year. The administration may believe Mr. REID. No problem. entirely right. This is exactly what the the smoke has cleared, but I do not be- f First Amendment was about. So this is lieve the American people see it that a hugely important issue, and that is way at all. I think that if the American REMEMBERING STAFF SERGEANT why groups all across the political people knew what the administration RYAN D. AUSTIN spectrum and the folks who support was really up to, they would react with Mr. MCCONNELL. Mr. President, it is them are increasingly concerned. the same kind of outrage they did last my sad duty to report to my colleagues As usual, the folks who are pushing year about the targeting of conserv- on a young Kentuckian who has been this new assault on speech tell us that atives by the IRS, and that is why the lost while serving his country. SSgt it is some kind of good-government new IRS commissioner has a simple Ryan D. Austin of the U.S. Air Force proposal that increases transparency, choice. passed away on August 6, 2013, in but the truth is that the only trans- We have a new IRS commissioner Maidstone, in the United Kingdom. He parency here is the administration’s over there. He has a simple choice. He had been stationed at Ramstein Air thuggish attempt to shut down its crit- can either restore the public’s trust in Base in Germany, and he was 25 years ics. It is really incredible, when you an agency whose reputation was al- old. think about it. Democrats think that ready in doubt or he can allow himself For his service in uniform, Staff Ser- 2014 is shaping up to be a tough year to be used as a political pawn by an ad- geant Austin received several medals,

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Mr. President, I am sure Meritorious Unit Award, the Air Force Pastor Carmack said: not many people care, but the reason I Good Conduct Medal, the National De- Ryan Austin was not only a soldier, but a didn’t go first today is that those of us fense Service Medal, the Global War on leader that has left an indelible mark on this who serve in office depend on other Terrorism Expeditionary Medal, the generation. people to prepare materials for us so Global War on Terrorism Service The Pastor continued: we can make a reasonably good presen- Medal, the Air Force Expeditionary Ryan will long be remembered as . . . a de- tation. Well, I came here today and Service Ribbon, the NCO Professional voted husband, loving son, leader to his gen- looked at my stuff—it was yesterday’s. Military Education Graduate Ribbon, eration, and always a friend. Although he So I figured I would be better off wait- the Small Arms Expert Marksman Rib- was only 25, he have proved the statement ing until I got the right one—which re- true that ‘‘life is not measured in quantity, bon, the Air Force Training Ribbon, minds me of something I heard as a and the Cyberspace Support Badge. but in quality,’’ and he lived his life to the full with integrity and honor. very young Lieutenant Governor. This Ryan enlisted in the Air Force in story may be true; it didn’t happen to Pastor Carmack, who was Ryan’s January of 2010. He was deployed to me, but I have always remembered it. youth pastor and watched this young Germany with the 435th Air Ground It has always made me aware of the man grow up, remembers that ‘‘Ryan Operations Wing, First Communica- great work my staff does. was a kid that always served others.’’ I tions Maintenance Squadron. A man is used to his staff preparing think it is clear that as an adult, a hus- Ryan’s brother Nathan said: his remarks, flowery remarks, and al- band, a father, and an airman, Ryan’s Being with [the Air Force] was the best ca- ways so very, very well. He has a long commitment to serving others only reer move he ever made. The Air Force gave speech he has to deliver. He gets to him the chance to go overseas, learn new grew stronger. page 5, and it says, ‘‘OK, you SOB, you cultures and serve his country just like our We in the Senate are thinking today are on your own’’ and the rest is blank. father did. It made him feel he gave some- of Ryan Austin’s loved ones, including I remembered that today, and figured I thing back to his country, as well as protect his wife Jessica; his son Brayden; his America. had better wait until my office had the father Doug; his brothers Nathan Aus- right speech. Ryan was raised in Laurel County, tin and Dylon Wall; his sister Rachel the son of Karen Long and Doug Aus- Austin; and many other beloved family f tin, who also served in uniform. He members and friends. Ryan was laid to IMPROVING THE PROVISION OF graduated from South Laurel High rest next to his mother Karen Long. MEDICAL SERVICES AND BENE- School in 2006. Friends remember that I would like Ryan’s family to know FITS TO VETERANS—MOTION TO he enjoyed golf, cooking, working for that the Senate honors Sergeant Ryan PROCEED charities, and traveling. D. Austin’s life of service. We are sad- Mr. REID. Mr. President, I now move Nathan remembers: dened by this very tragic loss, and we When Ryan was around, he was fun to be to proceed to Calendar No. 297, S. 1950. are grateful for his supreme sacrifice, The ACTING PRESIDENT pro tem- with. We included each other in our hobbies which reminds us all of the meaning of like tennis, basketball and video games. We pore. The clerk will report the motion. had our friends and we always had great valor. The legislative clerk read as follows: times . . . it’s really a heavy burden on my f Motion to proceed to Calendar No. 297, S. heart to know that I have lost a brother. GREENVILLE, KENTUCKY, FIRE 1950, a bill to improve the provision of med- While in high school, Ryan worked as ical services and benefits to veterans, and for Mr. MCCONNELL. Mr. President, I a teacher’s aide for Joey Marcum, a other purposes. wish to speak briefly on a tragedy that science teacher. Joey remembers: SCHEDULE happened this morning in Kentucky. Ryan was such an awesome young man. He Mr. REID. Mr. President, following was honest, hardworking and dependable. News reports are still developing, but we do know that a large house fire oc- my remarks the time until 11:15 a.m. You could depend on him for literally any- will be equally divided and controlled thing. He was just a really good guy. curred in Greenville, in Muhlenberg County, in western Kentucky. Fire offi- dealing with flood insurance. At 11:15 Ryan leaves behind his wife Jessica. a.m. there will be up to four rollcall The two of them were married on De- cials reports say multiple lives were lost in the fire, including children. votes in relation to amendments to cember 6, 2009. At the time of Ryan’s that bill. death, Jessica was pregnant with their There are two survivors who have been flown to Vanderbilt University Medical ORDER OF PROCEDURE first child. She had a boy, named Mr. REID. Mr. President, following Brayden Kaine Austin. Ryan ‘‘was real- Center for treatment. Personnel from three fire depart- those votes the recess which was origi- ly looking forward to being a father,’’ nally scheduled until 2 p.m.—and that his brother Nathan said. ments—Greenville Fire, Graham Vol- unteer Fire, and Beechmont Volunteer will still be the case, except I ask Christa Koeller is a friend of Ryan unanimous consent that on the passage and Jessica’s who lived across the Fire—responded to the blaze. I thank these brave firefighters, as well as the of S. 1926, as amended, the votes start street from them when Ryan and at 1:50 p.m., with all other provisions of Christa’s husband were both stationed emergency medical technicians, police officers, and other responders who he- the previous order remaining in effect. at Offutt Air Force Base near Omaha. The ACTING PRESIDENT pro tem- She remembers the couple’s joy at roically leapt in to save lives. Elaine and I are hopeful for a speedy pore. Without objection, it is so or- learning they would have a baby: dered. When he found out and Jessica found out recovery for the two victims who are still alive, and we extend our prayers Mr. REID. Additionally, we expect to that they both would be parents, they were receive momentarily the conference re- so overjoyed to start that new segment of and condolences to the families of the their lives. Ryan was a family man, devoted souls lost in this destructive fire. I will port to accompany the farm bill today, to his job, and he was very dedicated as an pay close attention to this story as and we will work on getting an agree- airman. . . . A baby son lost his father, and events further develop. The entire ment to move forward on this today. will never know him. Commonwealth stands behind Muhlen- RETIREMENT OF JOEL BREITNER Ryan’s funeral service in Corbin, KY, berg County right now, and we will do Mr. REID. Mr. President, here in the was officiated by Pastor Daniel whatever we can to help recover from Senate we work closely with so many Carmack of Hawk Creek Church. Fire- this horrific loss. people, but no one do we work more fighters, policemen, county health care f closely with than the court reporters. workers, friends, family, and even They are right here in our face every those who did not know Ryan but RECOGNITION OF THE MAJORITY time we talk, taking down a verbatim wished to pay their respects literally LEADER transcript of what we say, and they lined the town streets as the funeral The ACTING PRESIDENT pro tem- work extremely hard. procession passed by. Ryan received pore. The majority leader is recog- We went through a period of time full military honors from the Honor nized. when we were working through all

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He retired from doing comment on part of what my Repub- closure. The abuse here is not the ad- that, but I watched him work so hard. lican counterpart said. The President ministration enforcing the law, but Court reporting is extremely dif- gave a good State of the Union Address folks like the Koch brothers pretending ficult. It is very intense. In court we to the country on Tuesday night. It to be social welfare organizations. rarely have court reporters who take was a dramatic speech, and he called The Presiding Officer has dedicated what we call a daily. They will have a upon us to work together. You would much of his life to improving the social couple of court reporters during a trial never know that from what the Repub- welfare of people from his State. These and they will transcribe their notes lican leader said today. social welfare organizations are ex- sometime later. But here in the Senate He also said, as President of the tremely helpful for people who have they transcribe their notes now—im- United States, he has the power to do problems. The Koch brothers are not a mediately. things when the Senate finds itself social welfare organization. They are The reason I mention that today is bogged down, as we have been with plainly acting as a political organiza- one of our reporters is going to retire. countless filibusters. During the years tion. They are spending tens and hun- Joel Breitner has been here for three I have been leader of the Senate, there dreds of millions of dollars on political decades in the Senate. Prior to coming have been more than 470 filibusters activities. They have not contributed here, he was a court reporter. He has conducted by the Republicans. Is it any to anything that deals with social wel- this designation now—as this young wonder the President is going to do fare. Folks who act as political organi- woman in front of me is reporting what some things administratively because zations should have to disclose where I say—as an Official Reporter for the of the logjam we have here? Hopefully the money comes from. United States Senate. we can do better than we have done. I As the Presiding Officer knows, the Joel began working here in this body hope that is the case. Koch brothers hide all of their cam- in 1987, after having been a court re- This country has been hurt by the paign efforts. They disguise them- porter already for 23 years. During his constant obstruction we have had. I am selves, with rare exception, as social time in the reporters office, he has wit- surprised—but not too much—that my welfare organizations. They have all nessed both innovation and a lot of his- Republican colleague would say the these fancy names and go after people tory. He was one of the first reporters President has to do something to help who are trying to improve the country. to use computer-aided transcription, create jobs. One need only reflect on We have an important piece of legis- which is a modern miracle—it really when President Obama took office. We lation we are going to pass today to is—because the stenographic notes at were losing 700,000 jobs a month at that improve the ability of our country to the same time they type them, are al- time. But because of his patience and prosper. The bipartisan measure called ready translating into English. That wisdom and the fact that he had a the flood insurance bill will protect the isn’t the way it used to be. Democratic Senate and Congress for Nation’s recovering housing market I can remember my brother—and, of the first 2 years of his Presidency, we and save consumers money. course, Joel, who was one of the first were able to do some terrific things for I thank Senator MENENDEZ, the here in this body to use the computer- the country. aided transcription and did what my Since then, as we know, the Repub- chairman of the banking committee, brother did—you took down what peo- lican leader has said his No. 1 goal was and Chairman LANDRIEU, who is chair- ple said with your machine, and then to defeat Obama for the reelection, and man of the small business committee. you would go back to your office, look that is how the Republicans have legis- They have done a wonderful job—these over your notes, and transcribe them, lated. Over the last 3 years, they have two working together with Senator and then either you would type them done everything they could to stop the ISAKSON—with their leadership on this up or have someone do so. So it was a country from moving forward. They ac- issue. lot of work. It is still a lot of work, but tually did it during the first 2 years he I look forward to a strong bipartisan it is a lot different than it used to be. was President, but they didn’t have the vote on this measure this afternoon. I He is one of the first, if not the first, power to do much then except obstruct, would note that the bipartisan agree- in this body to use this computer-aided and we had enough votes to overcome ment to vote on a reasonable number transcription, and it really helped mod- their obstruction. of relevant amendments and on final ernize the Office of Official Reporters. I don’t know if my friend the Repub- passage of the flood insurance measure He has reported historic events, lican leader understands that in spite is exactly the kind of agreement that countless numbers of them—President of his No. 1 goal to defeat the President Republicans have rejected on other leg- Clinton’s first inaugural address, his that he was reelected overwhelmingly islative priorities. impeachment. Over the years he has because the American people agreed For example, when Democrats offered been a friend and resource to the Sen- with his view of the country. to vote on 20 relevant amendments to a ate pages. Joel is a very nice, quiet per- I am not going to go into more detail full offset extension of unemployment son whom I will miss. about how I believe my Republican col- insurance a couple of weeks ago, the When we cross—I always see them—I league is wrong on what has happened Republicans refused. Since then, 150,000 say: ‘‘Saddling up again’’—putting on with bogging down the Senate, but I more Americans have lost emergency the heavy equipment they wear during will comment on one aspect of his pres- benefits that were helping them to stay the time they are here. They work entation: Because of the U.S. Supreme above water while they look for work. very, very hard, and they transcribe Court case called Citizens United, there In all, more than 1.6 million out-of- every word we say. There are times I has been some really untoward stuff work Americans have lost benefits to wish they hadn’t, but they did. going on in the political world. We help them put food on the table and gas Mr. President, it is no surprise, with have two brothers who are actually in the tank so they can focus on their the affection that Joel has shown for trying to buy the country. Last year job search. the pages, that Jamie, one of his chil- the Koch brothers made billions of dol- I hope in the coming week Democrats dren, has been a Senate page. lars. They are spending their billions of and Republicans will be able reach a bi- So I thank him on behalf of the en- dollars by going into State legisla- partisan agreement to have an up-or- tire Senate for his years of service not tures, Governors races, and secretary down vote on the extension of unem- only to Senators but everybody, for his of state races on a State level, and, of ployment insurance as well. I hope it is years of service in the reporters office, course, spending huge amounts of not again bogged down with obstruc- and I congratulate him on a very dis- money around the country in an at- tion. I am confident that we have the

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S613 opportunity to do that, and we should cepted by a State shall satisfy the manda- We have additional unfairness in our do it. Millions of fellow Americans are tory purchase requirement under the Flood State of New York, as well as the counting on us to do this on an affirm- Disaster Protection Act of 1973. neighboring State of New Jersey. Peo- ative basis. Coburn/McCain amendment No. 2697, to ple who were devastated by Sandy and allow States to opt out of participation in While we work toward an agreement the National Association of Registered struggled to rebuild their homes are all to restore unemployment benefits, the Agents and Brokers. of a sudden getting walloped with huge Senate will also, as I mentioned ear- Toomey modified amendment No. 2707, to flood insurance bills which they cannot lier, consider the farm bill conference adjust phase-ins of flood insurance rate in- afford. They are already in debt. So to report. America’s farms and ranches creases. allow this to go on makes no sense. If are the most productive in the world. Merkley modified amendment No. 2709, to Americans ever want the Government They support 16 million private sector establish limitations on force-placed insur- to act, it is in these types of situations ance. jobs. Smart farm policies will help where there is an unfairness that is un- American farmers thrive. That is an SCHEDULE related to any individual action by important part of our work to keep the The PRESIDING OFFICER. Under these homeowners which clobbers economic recovery rolling. The farm the previous order, the time until 11:15 them. It takes away their financial se- bill will create jobs and cut taxpayer a.m. shall be equally divided and con- curity, it takes away their home, and subsidies and save $23 billion which trolled between the two leaders or makes life miserable. will be used to reduce the deficit. their designees, with Senators MENEN- It should come as no surprise that if I would also note that we have done DEZ and TOOMEY or their designees con- people cannot afford flood insurance an admirable job of reducing the debt. trolling the final 10 minutes. policies, we will see more and more Do we need to do more? Of course we The Senator from New York. homeowners decide to drop out of the Mr. SCHUMER. Mr. President, I rise do. We have already reduced the debt program, or communities that decide today in very strong support of the during the Obama years by almost $3 not to adopt new flood maps proposed Homeowner Flood Insurance Afford- trillion, and if we could get the Repub- by FEMA. On top of that, as rates go ability Act and urge my colleagues to licans in the House to agree on the bill higher and higher, those folks who are vote today to pass this legislation that we passed dealing with immigration re- not required to buy flood insurance but will help millions of Americans across form, it would be another $1 trillion to- wanted to do the prudent thing, may the country. ward reducing the debt. drop out of the program as well. First, I want to recognize the admi- I would also note, as I indicated ear- So, let me emphasize one point for rable leadership of Senators MENENDEZ, lier, that when President Obama first my colleagues that may still have res- took office, we were losing 700,000 jobs ISAKSON, and LANDRIEU for helping to put together such a strong coalition ervations about our bill: If folks start a month. We have now created more dropping out of the National Flood In- than 8 million jobs. We need to do more amidst some challenging political headwinds. surance Program en masse, that would and the farm bill will help that. The be a much larger drag on the system Senator LANDRIEU, in particular, has farm bill will create jobs and cut tax- than a simple delay of rate increases. payer subsidies and save $20 billion been like Paul Revere in the night for not only calling our attention to the Without flood insurance, when future which will be used to reduce the debt disasters hit, these families and com- and deficit. The bill includes important detrimental elements of the Biggert- Waters bill but for continuing to em- munities will be entirely dependent on reforms to farm programs, and while Federal aid to help them rebuild. this measure doesn’t include as much phasize this bill’s importance to States from coast to coast. I fully support efforts to put the Na- funding for programs to reduce hunger tional Flood Insurance Program on a as a number of us would like, it is a Senator MENENDEZ and I share the New York-New Jersey coast, as does path to solvency, but it will not happen good compromise and it will protect overnight, and attempting to do so in a needy families. the Presiding Officer, and that, of course, has been devastated. manner that raises premiums too high Senator STABENOW from Michigan too quickly, without consideration for has been the chairman of this com- I will briefly say what has happened here. Literally tens of thousands of broader affordability concerns, will end mittee. She has worked so hard for up being a decision that they come to years to get this done. We have passed Americans will lose their homes—mid- dle-class Americans, working-class regret. it twice here in the Senate. We have We have to prevent the most dev- struggled to get something done in the Americans, and poor Americans—if we don’t pass this legislation. Very sim- astating rate hikes from going into ef- House, and we were finally able to get fect until FEMA and Congress can fig- this done under her leadership. ply, Biggert-Waters was not followed. Before increases were to go into effect, ure out a way to ensure the solvency of f an affordability study was to be done. the National Flood Insurance Program RESERVATION OF LEADER TIME It was not. As a result, homeowners are without breaking the bank for middle- class homeowners. Mr. REID. Would the Chair announce having to pay thousands of dollars It’s illogical for homeowners to pay the business of the day. more. Homeowners who paid $500 a higher premiums based on the risk- The PRESIDING OFFICER (Mr. year for flood insurance—it is manda- zone of their home before FEMA accu- BOOKER). Under the previous order, the tory—now pay $4,000 or $5,000. There rately determines the actual risk. Yet, leadership time is reserved. are some who pay as much as $30,000. Even worse, many more will lose their that is exactly what is happening f homes when they sell them because the today. HOMEOWNER FLOOD INSURANCE flood insurance for the next owner will Currently, millions of policyholders AFFORDABILITY ACT OF 2014 go up so much they will lose tremen- who built to code and whose homes The PRESIDING OFFICER. Under dous value on their homes. have been subsequently remapped into the previous order, the Senate will re- A home is the middle class’s piece of a higher risk area are facing signifi- sume consideration of S. 1926, which the rock. People struggle long and hard cant rate increases with no assurance the clerk will report. to pay that mortgage, and when they that the FEMA flood maps are accu- The legislative clerk read as follows: are in their later years, fifties, sixties, rate. A bill (S. 1926) to delay the implementation seventies—I guess fifties isn’t later Prematurely forcing individuals and of certain provisions of the Biggert-Waters years these days—this is what they families out of their homes with astro- Flood Insurance Reform Act of 2012 and to have. Their nest egg is their home. To nomical increases of flood insurance reform the National Association of Reg- all of a sudden pull the rug out from premiums before even guaranteeing the istered Agents and Brokers, and for other under them and say when you sell your reliability of rate maps is asinine. purposes. home, the next person is going to have But the legislation before us today Pending: to pay $15,000 or $20,000 a year in flood delays these rate increases until an Heller/Lee amendment No. 2700, to clarify insurance, which makes the value of overseer can certify that FEMA has that any private flood insurance policy ac- that home plummet, is so unfair. implemented a flood mapping approach

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S614 CONGRESSIONAL RECORD — SENATE January 30, 2014 that utilizes sound scientific and engi- This bill will pass this afternoon. ator VITTER from Louisiana, Senator neering methodologies that accurately When this bill passes—and when it CHUCK SCHUMER was a particularly determine varying levels of flood risk. passes the House—millions of home- strong leader, Senator KIRSTEN GILLI- Not a day goes by that I don’t think owners across America will breathe a BRAND from New York, Senator ED about the impact that Sandy had on sigh of relief. They will be able to keep MARKEY from Massachusetts, as well as the millions of families across New their homes. They will be able to sell ELIZABETH WARREN from Massachu- York. Their stories and the struggles their homes, and they will know there setts, who were early supporters of this they face motivate me each day to do is a process to put flood insurance on bill; Senator BILL NELSON of Florida, whatever I can to make their lives bet- an even keel that won’t be all on their Senator RUBIO of Florida—and particu- ter. backs. larly Senator NELSON who got on this As my colleagues can attest these are I yield the floor and note the absence bill early and began educating people not isolated events. Storms are becom- of a quorum. not only in Florida but around the ing more prevalent and more ferocious. The PRESIDING OFFICER. Without country; Senator AL FRANKEN from And they are not just in coastal New objection, it is so ordered. Minnesota, Senator JOE MANCHIN, Sen- York, New Jersey and Louisiana, but The clerk will call the roll. ator BOB CASEY from Pennsylvania, an- Montana, Colorado and central States The legislative clerk proceeded to other Senator who has no ocean, but as well. call the roll. Pennsylvania has I think the most new New Yorkers and families across the Ms. LANDRIEU. Mr. President, I ask FEMA maps of any State in the Union. country aren’t thinking about whether unanimous consent that the order for The people of Pennsylvania would real- the next natural disaster will impact the quorum call be rescinded. ly be affected if our bill doesn’t pass. them, they are thinking about when. The PRESIDING OFFICER. Without Even the amendment that is being of- This body can act now and prevent a objection, it is so ordered. fered by one of the Senators does not manmade disaster from burdening Ms. LANDRIEU. Mr. President, I un- solve their problem and it is unfortu- them as well. derstand Senator TOOMEY and Senator nate, and I hope people will vote This bill, the Homeowner Flood In- MENENDEZ will be coming to the floor strongly against the Toomey amend- surance Affordability Act, will protect to have the last 10 minutes of this de- ment; Senator KAY HAGAN from North homeowners across the country, many bate, so I wish to take a moment to Carolina; of course, yours truly in the of whom have only just begun to re- come to the floor to thank all of my Chair, Senator CORY BOOKER, who came cover, from potentially huge flood in- colleagues who helped so much, par- on early and was a huge supporter as surance premium hikes and loss of ticularly in the early days—a year and soon as he got here. I think this was property value. We must pass this bill a half ago—to help make this bill pos- one of the first bills he cosponsored and today. sible today. This truly was a team ef- I couldn’t be more grateful, and I know To reiterate, my colleagues Senator fort, and I really appreciate the com- the people of New Jersey are grateful LANDRIEU, Senator MENENDEZ, Senator pliments from my colleagues about the for his leadership; Senator LINDSEY ISAKSON and others have worked tire- leadership I provided, and I am happy GRAHAM of South Carolina, Senator lessly to advance this bill and help all to do so. Believe me, this never would BRIAN SCHATZ of Hawaii, Senator RICH- our constituents who have built back have happened without a great team ARD BLUMENTHAL of Connecticut, Sen- after seemingly insurmountable loss. I that was built to spread the word about ator JACK REED of Rhode Island, Sen- implore my colleagues to stand to- the disastrous consequences of a law ator SHELDON WHITEHOUSE of Rhode Is- gether, in a true bipartisan effort, to that had good intentions but with hor- land, Senator LISA MURKOWSKI from make this program fairer for middle rific ramifications on people all over Alaska, Senator RON WYDEN from Or- class families struggling to hold onto the country. Because this is not just a egon, Senator SUSAN COLLINS from the homes they rebuilt in the commu- coastal issue that affects New Jersey, Maine, and Senator DEBBIE STABENOW nities they call home. the State of the Presiding Officer, and from Michigan; obviously, Senator The bottom line is we have to pass my State of Louisiana, we had some MENENDEZ has been our leader on the this bill. It makes no sense. We re- extraordinary Senators step up, such Democratic side, and we would not be quired a study before imposing dev- as Senator HEITKAMP, such as Senator where we are today without his leader- astating rate increases on homeowners JOE MANCHIN from West Virginia—not ship. to see what the effect would be to put an ocean around or in sight. We had We would not be where we are today the rates into effect. It is putting the other Senators step up who do not have without the commitment of Senator cart before the horse. If it is not back- coastlines but who have States and HARRY REID who recognizes he has a ward thinking, I don’t know what it is. subdivisions and communities and cit- flooding problem as well and that this It makes no sense to do this. ies and rural areas that are in des- is not just a coastal issue. He stood up The Toomey amendment will come perate need of a strong, good, solid, af- early to tell us that if we could build a forward, and it basically is not passing fordable, and sustainable flood insur- strong coalition, if we could build 60- any bill. The Toomey amendment says ance package for this country—a flood plus votes, he would help us get to a we should put all the costs on these insurance program. point where we could actually have a middle-class and working-class home- Some people thought that is what we debate on amendments, vote them up owners quickly. It doesn’t have any were getting with Biggert-Waters, but or down, and then move this bill, with limits, and it would do the same exact it soon became clear, literally before the strongest vote possible, to the thing. So anyone who thinks the the ink was dry, that it wasn’t going to House of Representatives, where I am Toomey amendment is palliative, you work. Sometimes mistakes are made proud to say there are 131 cosponsors may as well vote against the bill. and when they are, we have to step up on this bill. That number is growing The good news here: Democrats and and fix them as quickly as possible. It every day. As people hear about what Republicans have come together. This has taken us longer than it should have is happening and begin to understand, is how this body should work. We have because some Senators have not had an as they get notices from their insur- allowed a limited number of amend- open mind or an open heart. They have ance companies—which, by the way, ments on each side. I was glad to hear not dealt in the best of faith, but de- are taking 30 percent of every policy the minority leader talk the other day spite all of that, we are here today be- off the top and assuming virtually no about how this is how the Senate cause a number of Senators stood up. risk, which is an issue we have to ad- should work. We agree, and I hope this I wish to read their names into the dress; it is not addressed in this bill— will set the precedent for future bills RECORD: Senator THAD COCHRAN from but as people begin to understand, they where we can come together on the Mississippi, Senator JEFF MERKLEY are going to be clamoring for real floor, have a reasonable number of from Oregon, Senator JOHN HOEVEN change. They will want something that amendments—hopefully relevant and from North Dakota, Senator TIM SCOTT helps taxpayers for it to be sustainable, germane that relate to improving the from South Carolina, Senator HEIDI that addresses the climate issues that legislation—and then we will have the HEITKAMP from North Dakota, Senator are affecting this program, that helps bill be given an up-or-down vote. ROGER WICKER from Mississippi, Sen- middle-class homeowners be able, as

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S615 Senator SCHUMER said, to stay in their There are hundreds of other smaller vating them. We are putting in new homes and not lose all the equity they organizations—neighborhood groups, I zoning, and people are very mindful of have literally worked for not only their am sure, from New Jersey to New not developing low-lying areas. But we entire lives but potentially for two York, including Louisiana homeowners have to have policies that are well generations of work which has gone groups, that have spoken and are edu- thought out and well balanced to ac- into building equity—sometimes three cating people about this challenge. But commodate communities that have lit- generations of work have gone into in a Congress where it is hard to come erally been here for 300 years. building equity in homes—just for a to a consensus on singing happy birth- New Orleans will be celebrating its misguided piece of legislation to swipe day to one of our Members, which is 300th birthday in just a few years from away from them, in the blink of an eye, unfortunate today, this is a real ac- now, in 2018. This is not about a group their homes’ value. complishment for such a broad, deep, of people who went down there 20 years So I hope people will vote strongly and strong coalition—bipartisan, ago for Sun and for vacation. This is against the Toomey amendment. A bicoastal—to come together and pass a about people who came 300 years ago to vote for the Toomey amendment will bill that will bring relief to millions secure the mouth of the greatest river signal a vote against our efforts for re- and millions of families. system in North America and one of form. He will say his efforts are to re- This will be a great victory today. I the greatest river systems in the world. form, that it will only allow raises of 25 believe we will have a strong vote in This is not fun and games. This is percent a year. There is no cap on his the Senate. I am confident of that. But work and empowerment and wealth bill. There are no requirements for an we have work to do. This bill has to go building and opportunity that the affordability study. There are no re- to the House. MAXINE WATERS and Con- President talked about the other day. quirements for accurate FEMA map- gressman GRIMM from New York are That is what this bill is about. ping. His bill is a red herring and a dis- leading this effort. We need all the We need to start with building a traction from what we are trying to do. Senators to talk with their delegations flood program, partnershipped with the Senator JOHNNY ISAKSON on the Re- in the House and get them to really private sector, that works for average, publican side deserves so much credit step up. We need a lot of communica- middle-class families. We do not have for organizing his team. tion to the Speaker to say: Mr. Speak- that, and we are going to get the first I also recognize the minority leader, er, this cannot wait. There is already step toward that today. the Senator from Kentucky, for his too much time, too much anxiety, too I see my colleagues on the floor, so I help in getting us to this point, and I many real estate agents being put out am going to yield the floor. I know the thank him. of business, too many for-sale signs time has been set aside. When we vote I also want to thank a very impor- on the Toomey amendment, please vote tant group which is GNO, Inc.—Greater coming down, too many people making decisions because they have lost equity a strong no. When we vote on final pas- New Orleans, Inc.—which is a 16-parish sage, please vote a strong yes. There economic coalition in our State, made in their home. It is time to fix this are a few other amendments Senators up of parish presidents and elected offi- problem now, and we can. ISAKSON and MENENDEZ will speak to cials and university presidents, that I thank Senator MERKLEY, who will more directly, as we wrap up this de- really focuses on the economic vitality be the subcommittee chair as this sort bate today. of our region. Michael Hetch is the ex- of new reform is written. And finally, I thank again Senator MENENDEZ and I yield the floor. ecutive director—an extremely tal- The PRESIDING OFFICER. The Sen- ented young leader. They recognized Senator ISAKSON for their extraor- dinary knowledge of this subject, their ator from New Jersey. immediately, as I brought to their at- Mr. MENENDEZ. Mr. President, it is tention the problems with Biggert- leadership, and helping us get to the point where we are. good to see my colleague from New Waters, the disaster it would be to the Jersey presiding. 16 parishes they represent. Not only did I do not see any other colleagues on the floor. When I do, I will yield the I rise in support of this legislation we they step up and help us organize all of are about to consider, the Homeowner our 16 parishes, but they began imme- floor. I understand Senator TOOMEY and Senator MENENDEZ are going to Flood Insurance Affordability Act, diately to reach out to New Jersey and which, again, is unique insofar as it is to New York and to Pennsylvania and come to close out this debate. But I do want to say again that the Biggert- a bipartisan, bicameral piece of legisla- to California and to Oregon—to reach tion, to ensure families will be able to out to the bankers and the realtors. Waters bill was built backwards and upside down. It authorized immediate afford flood insurance so they can stay That began an extraordinary develop- in their homes, so that businesses can ment of a very strong coalition. I rate increases on responsible home- owners without any understanding of stay open, and property values will not thank them for their leadership. plummet. I thank the National Association of how it would impact their individual Realtors and the National Home- policies. AMENDMENT NO. 2707 builders Association, NACo. The presi- I want to also say this, Mr. Presi- I also rise in opposition to the dent of NACo—the National Associa- dent—and I think you have heard me Toomey substitute amendment, which tion of Counties—was in my office on speak about this both publicly and we would completely undermine our bill several occasions working very hard have talked privately—the people in and perpetuate a failed policy. While with elected officials all over the coun- Louisiana who have been the victims we support putting the National Flood try to raise the flag about this issue and survivors of massive hurricanes Insurance Program on a path to sol- and to say it is time to take a pause on and storms and levee breaks are well vency, current law hikes rates so fast Biggert-Waters—not a complete repeal; aware of the weather changes. We ac- and so high that it will actually under- not moving back on our reforms, but to cept it as a reality. We are building our mine the solvency of the program. take a pause to get it right. levees as fast as we can, with very lit- These drastic increases will act as a de It is important to get this right. tle help over time. Now, after emer- facto eviction notice for homeowners There are too many homes that will be gencies, the Federal Government who have lived in their homes and lost, too many families impacted, too comes in with a lot of money, but year played by the rules their entire lives. many businesses hurt, too many com- in and year out we are having a very That is going to drive down property munities that will see a downward spi- hard time getting any infrastructure values, as the housing market is strug- ral from a housing market that is just from the Corps of Engineers budget, gling to recover. now recovering after a very difficult which is woefully underfunded for the What is most alarming is the fact national recession. whole country. And the Presiding Offi- that FEMA does not even know the I thank the National League of Cit- cer knows that because his commu- size or scope of this problem. They ies, the American Bankers Association, nities suffer as well. were supposed to complete a study on the Independent Community Bankers We are building levees as fast as we the affordability of rate increases man- of America, and the Independent Insur- can with a lot of our own money and a dated by Biggert-Waters by last April, ance Agents and Brokers of America. I lot of our own tax dollars. We are rais- but they failed to do so. That is simply really want to thank them. ing our homes as fast as we can, ele- unacceptable.

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S616 CONGRESSIONAL RECORD — SENATE January 30, 2014 While there is no question we need to tion would not stop the phaseout of claim when the flood occurs because it put the flood insurance program on a taxpayer-funded subsidies for vacation does not have the reforms that put it more solvent trajectory, we first need homes and homes that have been sub- on a sustainable basis. to understand the impact these dra- stantially damaged. It would not stop Finally, it is flawed because it can- matic changes in Biggert-Waters will the phaseout of taxpayer-funded sub- not become law. This approach is not have on the housing market and be sidies for properties that have been re- going to become law. We know that. It sure the mapping process they use to petitively flooded, including the 1 per- is not just me who opposes this ap- set these rates is accurate. cent riskiest properties that account proach. The administration does not That is why our bill would impose a for over a third of all claims. It would accept this approach. This is what the moratorium on the phaseout of sub- not encourage new construction in en- Statement of Administration Policy sidies and grandfathers included in vironmentally sensitive or flood-prone said that was put out this week by the Biggert-Waters for most primary resi- areas. And it would not stop most of President of the United States about dences until FEMA completes the af- the important reforms included in this bill. He referred to this bill specifi- fordability study that was mandated in Biggert-Waters. cally and said: Biggert-Waters and proposes a regu- This legislation reaches a delicate Delaying implementation of these re- latory framework to address the issues balance that recognizes the need to im- forms— found in the study. prove solvency and phase out certain referring to the Biggert-Waters re- Whether FEMA does that in 6 subsidies but tries to do so without dis- forms— months, 1 year—whatever periods of couraging program participation. would further erode the financial position of time—as soon as they do that and pro- Finally, Senator TOOMEY acknowl- the NFIP, which is already $24 billion in pose that regulatory framework, we edges that Biggert-Waters, I think, is debt. This delay would also reduce FEMA’s are ready to go. So those who say this totally flawed and must be changed, ability to pay future claims made by all pol- is somehow an inordinate amount of but basically his amendment falls far icyholders. time, that is going to be determined by short of what all of us who have come The Speaker of the House and the FEMA’s promptness in getting the af- together in support will do. leadership in the House feel the same fordability study that was supposed to I yield the floor. way. They are not willing to throw out have been done under law by last April. The PRESIDING OFFICER. The Sen- the reforms and leave us with an NFIP It would also require FEMA to cer- ator from Pennsylvania. that cannot honor its claims. They are tify in writing that it has implemented Mr. TOOMEY. Mr. President, I rise to not going to do it. a flood mapping approach that utilizes discuss briefly my amendment and the So if you really want to do some- sound scientific and engineering meth- underlying bill. But first I want to thing for the people who are facing odologies before certain rate reforms thank my cosponsors—Senators COATS, these big premium increases, you have are implemented. MCCONNELL, COBURN, HATCH, KIRK, and to support a program, an approach that The reason that is important is be- JOHANNS—and I want to thank the bi- actually works. That is why I have of- cause, for example, we saw in New Jer- partisan coalition of Senators who are fered this amendment. I urge my col- sey where FEMA maps were put out, supporting my approach. leagues to support this amendment. and we ultimately heard a hue and cry There is a real problem with our What we do is simple. We phase in from communities and counties across flood insurance program as a result of the premium increases gradually. For the State that said: Look, that can’t be the reforms, and it needs to be ad- people facing a big premium increase, right. We have had properties that dressed. The problem is that, in the we phase it in very gradually. It gives have never flooded. Even in Sandy they process of reforming this program so it people time to adjust, time to miti- did not have virtually any flooding, would actually be sustainable—so that gate, time to challenge if the map is and now they are in the zone, and par- it actually could become solvent—in drawn wrong. They can do that. We ticularly in the most difficult zones, the process of making those changes, preserve the important, valuable ideas called V zones, where the consequence some people’s premiums go up very in the Menendez bill, such as the abil- of being in a V zone may very well be dramatically and pretty suddenly. The ity to recoup the cost of a successful whether you can keep your house. phase-in is very quick and the increase challenge to a mapping problem for an When we challenged and brought mu- is very high. That is a huge problem, individual homeowner, also for a com- nicipal and county engineers to bear, and it needs to be addressed. munity. That is there. That is impor- what did we find? In some counties we The Menendez bill addresses it the had an 80-percent reduction. Had we tant. wrong way. What this bill does is it We preserve the opportunity to have not challenged those maps, where does kill the meaningful reform. It the benefit and force NFIP to recognize would those families be today? So we completely suspends for 4 years. There the benefit of mitigation measures that want the basis of these maps to be sci- is no adjustment of premiums toward have been taken by others. So if your entific, using engineering methodolo- gies that are sound. an actuarially sound market-based community has built a levee or a dam Also, this new legislation would re- level of premiums that do not require or some kind of flood mitigation sys- imburse qualifying homeowners for taxpayer subsidy. So we will be going tem, with or without Federal money, successful appeals of erroneous flood back—oh, it busts the budget, by the that needs to be acknowledged, that map determinations. If we are going to way—we will be going back to a system needs to be reflected. If your commu- say these maps are somehow sac- where literally Warren Buffett can buy nity, your home is safer because of rosanct, and you go and challenge a home, and as long as he makes it his that investment, your premium needs them, and find out they were wrong, primary residence, he can continue to to reflect the fact that you have a safer you should be able to not have to bear have taxpayers subsidize his cost of situation. We cover that as well. that burden. flood insurance. I just do not know how Finally, the administration supports It would give communities fair credit that is even remotely defensible. But this approach. In the very same State- for locally funded flood protection sys- that is what we would be heading back ment of Administration Policy, Presi- tems. It would continue the fair treat- to if we adopt the Menendez bill. dent Obama’s administration stated ment afforded to communities with In addition, by throwing out the re- this: floodproof basement exemptions. It form, by throwing out the movement The Administration strongly supports a would provide for a FEMA ombudsman toward an actuarially sound system, phased transition to actuarially sound flood to advocate for and provide informa- we go right back to the insolvent, insurance rates. tion to policyholders. It would stream- unsustainable program we had before, The Menendez bill absolutely does line the registration process for insur- which means the NFIP, under the not do this. My amendment absolutely ance brokers and agents so they can Menendez bill, will that much sooner does because this is what makes sense. provide better timely services to pol- reach the day when it cannot honor its This is how we soften the blow. We cre- icyholders during a disaster. claims, when the people who have been ate a reasonable transition and we Just as important as what this bill paying their insurance premiums dis- maintain a fiscally sound, actuarially does is what it will not do. The legisla- cover there is no money to honor their sound program that does not bust the

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S617 budget. That is what my amendment The PRESIDING OFFICER. Is there a An opt-out protecting 10th Amend- does. sufficient second? ment privileges of the State is highly Finally, let me just conclude with There is a sufficient second. required to make sure we do not go this. There are a lot of Members of this The question is on agreeing to the outside the bounds of our legal obliga- body on both sides of the aisle who amendment. tions. have spent a lot of time, especially in The clerk will call the roll. I reserve the remainder of my time. recent years, in sincere, concerted on- The assistant legislative clerk called The PRESIDING OFFICER. The Sen- going efforts to address one of the big- the roll. ator from Montana. gest challenges we face as a country; Mr. DURBIN. I announce that the Mr. TESTER. Mr. President, we have that is, the fiscally unsustainable posi- Senator from West Virginia (Mr. been here before. Fifteen years ago, tion of our Federal Government, driven ROCKEFELLER) is necessarily absent. Gramm-Leach-Bliley offered what the by mandatory spending. The PRESIDING OFFICER. Are there good Senator from Oklahoma is offer- We have cut discretionary spending any other Senators in the Chamber de- ing, and it is why NARAB has never significantly as a percentage of our siring to vote? been successful. The result was announced—yeas 34, budget, as a percentage of our econ- What this does is it empowers our nays 65, as follows: omy. Any way you measure it, discre- State regulators, and that is why they tionary spending has been squeezed. [Rollcall Vote No. 16 Leg.] support this bill. Notice you haven’t Mandatory spending has been almost YEAS—34 heard a lot from States about taking completely untouched. It is growing far Alexander Enzi McConnell away their rights here because it does too fast. Recently this body, including Ayotte Fischer Moran not. It empowers them, it brings more Barrasso Flake Portman every Democrat who supports this Boozman Grassley Risch competition in the marketplace, and it Menendez bill, voted for a reform, a re- Burr Hatch Roberts helps consumers. This is good. form of one mandatory program that Chambliss Heller Scott I kick it over to my cosponsor and Coats Inhofe makes it sustainable, makes it viable. Sessions the good Senator from Nebraska. Coburn Johanns Shelby We should not be walking away. If we Corker Johnson (WI) Thune The PRESIDING OFFICER. The Sen- Cornyn Kirk were at all serious about getting our Toomey ator from Nebraska. mandatory spending under control, we Crapo Lee Cruz McCain Mr. JOHANNS. Mr. President, I should not walk away from this re- thank my cosponsor Senator TESTER, form. Please, I urge my colleagues, NAYS—65 and he is 1,000 percent right. We have support the Toomey amendment. Baldwin Hagan Murray been down this road. We have worked I yield back my time. Baucus Harkin Nelson Begich Heinrich Paul so hard to get everybody on board. The PRESIDING OFFICER. Under Bennet Heitkamp Pryor States are on board. It does empower the previous order, there be will be 2 Blumenthal Hirono Reed States. It does allow them to do what minutes of debate equally divided prior Blunt Hoeven Reid Booker Isakson they need to do. to a vote on amendment No. 2707, as Rubio I urge my colleagues to be a ‘‘no’’ Boxer Johnson (SD) Sanders modified, offered by the Senator from Brown Kaine Schatz vote on the Coburn amendment. Cantwell King Pennsylvania, Mr. TOOMEY. Schumer The PRESIDING OFFICER. The Sen- Cardin Klobuchar Mr. MENENDEZ. Mr. President, par- Shaheen Carper Landrieu ator from Oklahoma. liamentary inquiry: Is my under- Casey Leahy Stabenow Mr. COBURN. Mr. President, if this is standing correct that Senator TOOMEY Cochran Levin Tester true, with no opt-out, then why not do has used his minute as part of his pres- Collins Manchin Udall (CO) Coons Markey Udall (NM) it for lawyers? Why not do it for doc- entation or is there a minute still Donnelly McCaskill Vitter tors? Why not do it for every other pending for each side? Durbin Menendez Warner thing that is licensed that would be The PRESIDING OFFICER. There is Feinstein Merkley Warren better for consumers? To not give an a minute still pending for each side. Franken Mikulski Whitehouse Gillibrand Murkowski Wicker opt-out is not right to the individual Mr. TOOMEY. Mr. President, I think Graham Murphy Wyden States. I made my case. I will yield back the NOT VOTING—1 I support the bill; I just think we remainder of my last minute. need to have a protection for the Rockefeller Mr. MENENDEZ. Mr. President, first States. And the reason there is opposi- of all, let me clear up some things. No. The amendment (No. 2707), as modi- tion to this is because there is obvi- 1, the administration has not come and fied, was rejected. ously some people who don’t agree that said it supports Senator TOOMEY’s Mr. MENENDEZ. Mr. President, I everybody is on board. amendment. So let’s be clear about move to reconsider the vote and to lay I yield back. that. As a matter of fact, my under- that motion on the table. The PRESIDING OFFICER. All time The motion to lay on the table was standing is the administration has has expired. agreed to. called him out and said they do not op- The question is on agreeing to the pose our legislation. AMENDMENT NO. 2697 amendment. I think we do transition ultimately The PRESIDING OFFICER. Under Mr. MENENDEZ. I ask for the yeas to a place where we have an actuarially the previous order, there will be 2 min- and nays. sound flood insurance program. There utes of debate equally divided prior to The PRESIDING OFFICER. Is there a is a CBO score out there of over 10 the vote on amendment No. 2697 offered sufficient second? There is a sufficient years of zero. Look. The reality is, if by the Senator from Oklahoma, Mr. second. you want the real estate markets to COBURN. The clerk will call the roll. take a real hit, if you want families to The Senator from Oklahoma. The legislative clerk called the roll. Mr. COBURN. Mr. President, what be displaced from their homes, you The PRESIDING OFFICER (Ms. adopt the Toomey amendment. the sponsors claim about my amend- BALDWIN). Are there any other Sen- ment is factually incorrect. Their If you want to do what on a bipar- ators in the Chamber desiring to vote? statement is that all the States and ev- tisan basis has been the focus of this Mr. DURBIN. I announce that the erybody wants to do the NARAB bill. I legislation, to keep an actuarially Senator from West Virginia (Mr. sound flood insurance program but at agree, we should do it, but if all the ROCKEFELLER) is necessarily absent. States really want to do it, my amend- the same time make sure we do not The result was announced—yeas 24, ment has no effect whatsoever because drive people out of their homes and nays 75, as follows: make sure that we get the study done it allows an opt-out for a State that before we get the actions done, then doesn’t want to do it. So either it is [Rollcall Vote No. 17 Leg.] you will oppose the Toomey amend- true that they all want to do it or it is YEAS—24 ment and support the underlying bill. not true that they all want to do it, Alexander Chambliss Cornyn Barrasso Coburn Crapo I yield the floor and ask for the yeas and we are going to force some States Burr Cochran Cruz and nays. to not do it.

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S618 CONGRESSIONAL RECORD — SENATE January 30, 2014 Enzi Isakson Paul by the Senator from Nevada, Mr. HELL- Tester Toomey Warner Flake Lee Risch Thune Vitter Wicker Graham Manchin Rubio ER. Hatch McCain Sessions The Senator from Nevada is recog- NAYS—50 Inhofe Merkley Vitter nized. Baldwin Gillibrand Murphy Baucus Harkin Murray NAYS—75 Mr. HELLER. Madam President, let Begich Heitkamp Nelson Ayotte Grassley Murphy me be clear that my amendment sim- Bennet Hirono Pryor Baldwin Hagan Murray ply clarifies existing law. I am trying Blumenthal Johnson (SD) Reed Baucus Harkin Nelson to provide some clarity that private Booker Kaine Reid Begich Heinrich Portman Boxer Klobuchar flood insurance can be a viable option Sanders Bennet Heitkamp Pryor Brown Landrieu Schatz Cantwell Leahy Blumenthal Heller Reed for homeowners and businesses. Pri- Schumer Blunt Hirono Reid Cardin Levin vate insurers are already subject to Shaheen Booker Hoeven Roberts Carper Manchin Stabenow Boozman Johanns Sanders regulations in each and every State by Casey Markey Boxer Johnson (SD) Schatz their insurance commissioners, and Coons McCaskill Udall (CO) Brown Johnson (WI) Schumer those insurance commissioners are the Donnelly Menendez Udall (NM) Warren Cantwell Kaine Scott best regulators for ensuring proper Durbin Merkley Cardin King Shaheen Feinstein Mikulski Whitehouse Carper Kirk Shelby consumer protection. Franken Murkowski Wyden Casey Klobuchar Stabenow So I ask my colleagues to support the NOT VOTING—1 Coats Landrieu Tester Heller-Lee amendment so we can pro- Collins Leahy Thune Rockefeller Coons Levin Toomey vide the American people with more Corker Markey Udall (CO) competition, higher quality, and less The amendment (No. 2700) was re- Donnelly McCaskill Udall (NM) cost when it comes to flood insurance. jected. Durbin McConnell Warner Mr. MENENDEZ. Madam President, I The PRESIDING OFFICER. The Sen- Feinstein Menendez Warren move to reconsider the vote and lay Fischer Mikulski Whitehouse ator from New Jersey. that motion on the table. Franken Moran Wicker Mr. MENENDEZ. Madam President, I Gillibrand Murkowski Wyden The motion to lay on the table was have to oppose the Heller amendment. agreed to. NOT VOTING—1 This amendment would weaken con- Mr. LEVIN. Mr. President, I support Rockefeller sumer protections and completely re- S. 1926, the Homeowner Flood Insur- The amendment (No. 2697) was re- move minimum standards with respect ance Affordability Act. jected. to private flood insurance policies. In While the Biggert-Waters Flood In- AMENDMENT NO. 2709, AS MODIFIED—WITHDRAWN particular, the amendment strips the surance Reform Act improved many as- The PRESIDING OFFICER. Under requirement that the private policy pects of the National Flood Insurance the previous order, there will be 2 min- has to be comparable to a national Program, it also resulted in a dire situ- utes of debate, equally divided, prior to flood insurance policy, meaning that ation for a number of American fami- a vote on amendment No. 2709, as modi- companies would be able to offer inad- lies who suddenly found that their in- fied, offered by Senator from Oregon, equate policies to consumers across the surance rates would be doubled, tri- pled, or more. And it locked some fami- Mr. MERKLEY. country without any requirements as The Senator from Oregon. to what is in the policy. For all of lies into homes they couldn’t afford to Mr. MERKLEY. Madam President, in those who have talked about solvency, insure but also couldn’t afford to sell. a moment I will ask unanimous con- if you have insurance that doesn’t Today’s bill will fix many of these problems by allowing the use of the sent to withdraw this amendment. I meet a minimum standard to ensure rate structure in place before passage think there is a better way to tackle that the consequences of flooding can of Biggert-Waters for some properties. this particular issue. But I will use this be paid for by the policy, you want to In 4 years, when the Flood Insurance moment to note for my colleagues that vote against this amendment. Program will be up for reauthorization, I appreciate all the Senators who have I urge a ‘‘no’’ vote on the Heller Congress will be able to look to the re- come to me to say they share the out- amendment, and I ask for the yeas and sults of two new studies, called for in rage at the exploitative, predatory nays. today’s bill, for ways to make the pricing of force-placed insurance on The PRESIDING OFFICER. Is there a Flood Insurance Program more equi- our homeowners. This drives home- sufficient second? There appears to be table. owners into foreclosure, which is not a sufficient second. While I am pleased that this fix is good for families, not good for the com- The question is on agreeing to the being implemented, I still have con- munities, and it is certainly not good amendment. cerns about the Flood Insurance Pro- for the U.S. Government because we in- The clerk will call the roll. gram in general. Since the program’s sure the vast bulk of these mortgages. The assistant legislative clerk called inception, Michigan residents have Therefore, if we are going to be respon- the roll. paid about six times more in premiums sible from an accounting sense for the Mr. DURBIN. I announce that the than they have received in claims. This investment of the U.S. taxpayer, this Senator from West Virginia (Mr. inequity isn’t fair for Michigan home- needs to be addressed. ROCKEFELLER) is necessarily absent. owners, and I believe we need to take I ask unanimous consent to withdraw The PRESIDING OFFICER. Are there action to resolve this issue. my amendment No. 2709, as modified. I had this inequity in mind in 2012 The PRESIDING OFFICER. Without any other Senators in the Chamber de- siring to vote? when we passed Biggert-Waters. I was objection, it is so ordered. The amend- hopeful that the bill’s provisions allow- ment is withdrawn. The result was announced—yeas 49, nays 50, as follows: ing for the development of private The Senator from New Jersey. flood insurance markets would result Mr. MENENDEZ. Madam President, [Rollcall Vote No. 18 Leg.] in lower, more equitable rates for very briefly, I wish to thank the Sen- YEAS—49 Michigan residents. So it was impor- ator from Oregon both for driving the Alexander Enzi Kirk tant to me that any action we took issue and for working with us in the Ayotte Fischer Lee today wouldn’t make Michigan resi- process to get to where he wants to be Barrasso Flake McCain dents worse off than they are under and where we can maximize our votes Blunt Graham McConnell Boozman Grassley Moran current law. After consulting with my on this bill. I appreciate his courtesy Burr Hagan Paul colleagues and FEMA, I have been as- and cooperation and look forward to Chambliss Hatch Portman sured that the bill before us would not working with him. Coats Heinrich Risch Coburn Heller prevent a homeowner’s flood insurance Roberts AMENDMENT NO. 2700 Cochran Hoeven rates from decreasing if that rate Rubio Collins Inhofe The PRESIDING OFFICER. Under Scott would have decreased under current the previous order, there will be 2 min- Corker Isakson law. I thank Senator MENENDEZ for his Cornyn Johanns Sessions utes of debate, equally divided, prior to Crapo Johnson (WI) Shelby assurances on this matter, and I appre- a vote on amendment No. 2700, offered Cruz King ciate him engaging in a colloquy with

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S619 me that will be made part of the cus, Amy Klobuchar, Heidi Heitkamp, on this issue and many others. I have record. Joe Donnelly, Richard J. Durbin, Mark had the pleasure to work with Senator Again, the bill before us provides Udall, Martin Heinrich, Sherrod ISAKSON on a number of issues and have some relief for homeowners facing huge Brown. come to respect his honesty and his de- rate increases, while preserving rate Mr. REID. I ask unanimous consent sire to come together and get things decreases for homeowners that are cur- that the mandatory quorum under rule done, regardless of the issue. I think he rently eligible for them, and I am XXII be waived; that the cloture vote is one of the most well-respected Mem- therefore supportive of this bill. occur at 5:30 p.m. on Monday, February bers of the Senate. Together, working 3; that if cloture is invoked, there be 20 f with our colleagues, I think we are minutes remaining postcloture at 2:15 poised to give some real relief to fami- RECESS p.m., Tuesday, February 4, to be equal- lies and to send a strong message to Mr. MENENDEZ. Madam President, I ly divided between the two leaders or the House and hope they will follow ask unanimous consent that the Sen- their designees; that upon the use or suit. ate recess until 1:50 p.m. today. yielding back of that time, all The PRESIDING OFFICER. All time The PRESIDING OFFICER. Without postcloture time be considered expired has expired. objection, it is so ordered. and the Senate proceed to vote on The bill was ordered to be engrossed Under the previous order, the Senate adoption of the conference report. for a third reading and was read the stands in recess until 1:50 p.m. The PRESIDING OFFICER. Is there third time. objection? Without objection, it is so Thereupon, the Senate, at 12:29 p.m., Mr. MENENDEZ. Madam President, I ordered. recessed until 1:50 p.m. and reassem- ask for the yeas and nays. bled when called to order by the Pre- f The PRESIDING OFFICER. Is there a siding Officer (Ms. HIRONO). HOMEOWNER FLOOD INSURANCE sufficient second? There appears to be f AFFORDABILITY ACT OF 2014— a sufficient second. Continued The bill having been read the third AGRICULTURAL ACT OF 2014— time, the question is, Shall the bill, as CONFERENCE REPORT Mr. REID. I ask unanimous consent that we resume consideration of S. amended, pass? The PRESIDING OFFICER. The ma- 1926. The clerk will call the roll. jority leader. The PRESIDING OFFICER. Without The assistant legislative clerk called Mr. REID. Madam President, I ask objection, it is so ordered. the roll. unanimous consent that the Senate Under the previous order, there will Mr. DURBIN. I announce that the proceed to the conference report to ac- be 2 minutes of debate equally divided Senator from Ohio (Mr. BROWN) is nec- company H.R. 2642. prior to a vote on passage of S. 1926. essarily absent. The PRESIDING OFFICER. The Who yields time? The PRESIDING OFFICER (Ms. clerk will report. The Senator from Georgia. HEITKAMP). Are there any other Sen- The assistant legislative clerk read Mr. ISAKSON. Madam President, I ators in the Chamber desiring to vote? as follows: will be brief in our 1 minute just to ex- The result was announced—yeas 67, The committee of conference on the dis- press my thanks to Senator MENENDEZ nays 32, as follows: agreeing votes of the two Houses on the from New Jersey, as well as Senator [Rollcall Vote No. 19 Leg.] amendment of the House to the amendment LANDRIEU and Senator VITTER and all YEAS—67 of the Senate to the bill (H.R. 2642), to pro- of those who came together to put to- vide for the reform and continuation of agri- gether a great bill for the people of the Baldwin Harkin Nelson cultural and other programs of the Depart- Baucus Heinrich Pryor ment of Agriculture through fiscal year 2018, United States of America for Federal Begich Heitkamp Reed and for other purposes, having met, have flood insurance. It was a team effort, a Bennet Hirono Reid agreed that the House recede from its bipartisan effort, an equally divided ef- Blumenthal Hoeven Rockefeller amendment to the amendment of the Senate Blunt Isakson Rubio fort between Republicans and Demo- Booker Johanns and agree to the same with an amendment, Sanders crats. Boxer Johnson (SD) Schatz and the Senate agree to the same, signed by Burr Kaine I urge everybody to vote for the bill, Schumer a majority of all conferees on the part of Cantwell King and I again thank the Senator from Scott both Houses. Cardin Klobuchar Shaheen New Jersey for his cooperation. Casey Landrieu The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- Chambliss Leahy Stabenow Tester objection to proceeding with the con- ator from New Jersey. Cochran Levin ference report? Collins Manchin Udall (CO) Mr. MENENDEZ. Madam President, I Coons Markey Udall (NM) Without objection, the Senate will urge all of our colleagues to cast a Donnelly McCaskill Vitter proceed. ‘‘yes’’ vote on the final passage of the Durbin Menendez Warner (The conference report is printed in homeowner flood insurance act. Feinstein Merkley Warren the House Proceedings of the RECORD Franken Mikulski Whitehouse I think this has been an excellent Gillibrand Murkowski Wicker of Monday, January 27, 2014.) week for the Senate. We were able to Graham Murphy Wyden CLOTURE MOTION break through what sometimes is par- Hagan Murray Mr. REID. I have a cloture motion tisan gridlock and far too often per- NAYS—32 that I ask be reported. vades this auspicious Chamber. We Alexander Enzi McConnell The PRESIDING OFFICER. The clo- have had an honest and open debate on Ayotte Fischer Moran ture motion having been presented this issue that is critical to the Amer- Barrasso Flake Paul under rule XXII, the Chair directs the Boozman Grassley Portman ican people. We have had a respectable Carper Hatch clerk to read the motion. Risch debate on good-faith amendments that Coats Heller Roberts The assistant legislative clerk read were germane to the bill and lived up Coburn Inhofe Sessions as follows: to the ideals of the Senate, and now we Corker Johnson (WI) Shelby Cornyn Kirk Thune CLOTURE MOTION are poised to pass a critical piece of Crapo Lee Toomey We, the undersigned Senators, in accord- legislation which I believe enjoys over- Cruz McCain ance with the provisions of rule XXII of the whelming bipartisan support which NOT VOTING—1 Standing Rules of the Senate, hereby move will provide real relief to millions of to bring to a close debate on the conference American families. Brown report to accompany H.R. 2642, the Federal I thank all of our cosponsors and The bill (S. 1926), as amended, was Agricultural Reform and Risk Management their staffs, including a very large list passed, as follows: Act. Harry Reid, Debbie Stabenow, Robert of Republican colleagues who support S. 1926 Menendez, Bill Nelson, Tom Harkin, the bill. I particularly thank my lead Be it enacted by the Senate and House of Rep- Tammy Baldwin, Jon Tester, Michael Republican cosponsor, Senator ISAK- resentatives of the United States of America in F. Bennet, Patrick J. Leahy, Max Bau- SON, for his efforts and the partnership Congress assembled,

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SECTION 1. TABLE OF CONTENTS. Administrator and submitted to Congress (c) TREATMENT OF PRE-FIRM PROP- The table of contents for this Act is as fol- under section 103(d) addressing the issues of ERTIES.—Beginning on the date of enactment lows: affordability of flood insurance sold under of this Act and ending upon the expiration of Sec. 1. Table of contents. the National Flood Insurance Program, in- the 6-month period set forth under sub- TITLE I—HOMEOWNER FLOOD cluding issues identified in the affordability section (a)(3), the Administrator shall re- study. store the risk premium rate subsidies for INSURANCE AFFORDABILITY ACT (7) FLOODPROOFED ELEVATION.—The term flood insurance estimated under section Sec. 101. Short title. ‘‘floodproofed elevation’’ means the height of 1307(a)(2) of the National Flood Insurance Sec. 102. Definitions. floodproofing on a covered structure, as iden- Act of 1968 (42 U.S.C. 4014(a)(2)) for any prop- Sec. 103. Delayed implementation of flood tified on the Residential Basement erty— insurance rate increases; draft Floodproofing Certificate for the covered (1) with respect to which the Adminis- affordability framework. structure. trator may not, under subsection (a)(2)(A) of Sec. 104. Affordability study and report. (8) NATIONAL FLOOD INSURANCE PROGRAM.— this section, implement section 1307(g)(1) of Sec. 105. Affordability study funding. The term ‘‘National Flood Insurance Pro- the National Flood Insurance Act of 1968; Sec. 106. Funds to reimburse homeowners gram’’ means the program established under (2) with respect to which the Adminis- for successful map appeals. the National Flood Insurance Act of 1968 (42 trator may not, under subsection (a)(2)(B) of Sec. 107. Flood protection systems. U.S.C. 4001 et seq.). this section, implement section 1307(g)(3) of Sec. 108. Treatment of floodproofed residen- SEC. 103. DELAYED IMPLEMENTATION OF FLOOD the National Flood Insurance Act of 1968; or tial basements. INSURANCE RATE INCREASES; (3) described in section 1307(g)(2) of the Na- Sec. 109. Designation of flood insurance ad- DRAFT AFFORDABILITY FRAME- vocate. tional Flood Insurance Act of 1968 (42 U.S.C. WORK. 4014(g)(2)), as in effect on the day before the Sec. 110. Exceptions to escrow requirement (a) DELAYED IMPLEMENTATION OF FLOOD IN- date of enactment of this Act. for flood insurance payments. SURANCE RATE INCREASES.— (d) DRAFT AFFORDABILITY FRAMEWORK.— Sec. 111. Monthly installment payments for (1) GRANDFATHERED PROPERTIES.—Begin- (1) IN GENERAL.—The Administrator shall premiums. ning on the date of enactment of this Act, prepare a draft affordability framework that Sec. 112. Accounting for flood mitigation ac- the Administrator may not implement sec- tivities in estimates of pre- proposes to address, via programmatic and tion 1308(h) of the National Flood Insurance regulatory changes, the issues of afford- mium rates. Act of 1968 (42 U.S.C. 4015(h)). ability of flood insurance sold under the Na- Sec. 113. Home improvement fairness. (2) PRE-FIRM PROPERTIES.—Beginning on tional Flood Insurance Program, including Sec. 114. Study of voluntary community- the date of enactment of this Act, the Ad- issues identified in the affordability study. based flood insurance options. ministrator may not implement— (2) CRITERIA.—In carrying out the require- Sec. 115. Exemption from fees for certain (A) section 1307(g)(1) of the National Flood map change requests. ments under paragraph (1), the Adminis- Insurance Act of 1968 (42 U.S.C. 4014(g)(1)); or trator shall consider the following criteria: Sec. 116. Flood mitigation methods for (B) section 1307(g)(3) of the National Flood urban buildings. (A) Accurate communication to consumers Insurance Act of 1968 (42 U.S.C. 4014(g)(3)) of the flood risk associated with their prop- TITLE II—NATIONAL ASSOCIATION OF with respect to any policy described in that erty. REGISTERED AGENTS AND BROKERS section, provided that the decision of the (B) Targeted assistance to flood insurance Sec. 201. Short Title. policy holder to permit a lapse in flood in- policy holders based on their financial abil- Sec. 202. Reestablishment of the National surance coverage was as a result of the prop- ity to continue to participate in the Na- Association of Registered erty covered by the policy no longer being tional Flood Insurance Program. Agents and Brokers. required to retain such coverage. (C) Individual or community actions to XPIRATION.—The prohibitions set forth TITLE I—HOMEOWNER FLOOD (3) E mitigate the risk of flood or lower the cost of under paragraphs (1) and (2) shall expire 6 INSURANCE AFFORDABILITY ACT flood insurance. months after the later of— (D) The impact of increases in risk pre- SEC. 101. SHORT TITLE. (A) the date on which the Administrator mium rates on participation in the National This title may be cited as the ‘‘Homeowner proposes the draft affordability framework; Flood Insurance Program. Flood Insurance Affordability Act of 2014’’. or (E) The impact flood insurance rate map SEC. 102. DEFINITIONS. (B) the date on which the Administrator updates have on the affordability of flood in- As used in this title, the following defini- certifies in writing to Congress that the Fed- surance. tions shall apply: eral Emergency Management Agency has im- (3) DEADLINE FOR SUBMISSION.—Not later (1) ADJUSTED BASE FLOOD ELEVATION.—For plemented a flood mapping approach that, than 18 months after the date on which the purposes of rating a floodproofed covered when applied, results in technically credible Administrator submits the affordability structure, the term ‘‘adjusted base flood ele- flood hazard data in all areas where Flood study, the Administrator shall submit to the vation’’ means the base flood elevation for a Insurance Rate Maps are prepared or up- full Committee on Banking, Housing, and covered structure on the applicable effective dated. Urban Affairs and the full Committee on Ap- flood insurance rate map, plus 1 foot. (b) PROPERTY SALE TRIGGER.— propriations of the Senate and the full Com- (2) ADMINISTRATOR.—The term ‘‘Adminis- (1) IN GENERAL.—Section 1307(g)(2) of the mittee on Financial Services and the full trator’’ means the Administrator of the Fed- National Flood Insurance Act of 1968 (42 Committee on Appropriations of the House eral Emergency Management Agency. U.S.C. 4014(g)(2)) is amended to read as fol- of Representatives the draft affordability (3) AFFORDABILITY STUDY.—The term ‘‘af- lows: framework. fordability study’’ means the study required ‘‘(2) any property purchased after the expi- (e) INTERAGENCY AGREEMENTS.—The Ad- under section 100236 of the Biggert-Waters ration of the 6-month period set forth under ministrator may enter into an agreement Flood Insurance Reform Act of 2012 (Public section 103(a)(3) of the Homeowner Flood In- with another Federal agency to— Law 112–141; 126 Stat. 957). surance Affordability Act of 2014;’’. (1) complete the affordability study; or (4) APPLICABLE FLOOD PLAIN MANAGEMENT (2) PROTECTION OF SUBSIDY FOR PROPERTIES (2) prepare the draft affordability frame- MEASURES.—The term ‘‘applicable flood plain PURCHASED ON OR BEFORE EXPIRATION DATE.— work. management measures’’ means flood plain Notwithstanding paragraph (1) or (3) of sec- (f) CLEAR COMMUNICATIONS.—The Adminis- management measures adopted by a commu- tion 1307(g) of the National Flood Insurance trator shall clearly communicate full flood nity under section 60.3(c) of title 44, Code of Act of 1968 (42 U.S.C. 4014(g)(1) and (3)), the risk determinations to individual property Federal Regulations. Administrator may not reduce the risk pre- owners regardless of whether their premium (5) COVERED STRUCTURE.—The term ‘‘cov- mium rate subsidy for flood insurance for a rates are full actuarial rates. ered structure’’ means a residential struc- property purchased on or before the expira- (g) RULE OF CONSTRUCTION.—Nothing in ture— tion of the 6-month period set forth under this section shall be construed to provide the (A) that is located in a community that subsection (a)(3) of this section based on the Administrator with the authority to provide has adopted flood plain management meas- fact that— assistance to homeowners based on afford- ures that are approved by the Federal Emer- (A) the property was not insured by the ability that was not available prior to the gency Management Agency and that satisfy flood insurance program as of the date of en- enactment of the Biggert-Waters Flood In- the requirements for an exception for actment of the Biggert-Waters Flood Insur- surance Reform Act of 2012 (Public Law 112– floodproofed residential basements under ance Reform Act of 2012 (Public Law 112–141; 141; 126 Stat. 916). section 60.6(c) of title 44, Code of Federal 126 Stat. 916); or (h) DISCLOSURE.— Regulations; and (B) on or before the expiration of that 6- (1) CHANGE IN RATES UNDER BIGGERT- (B) that was built in compliance with the month period, the policy for the property WATERS.—Not later than the date that is 6 applicable flood plain management meas- had lapsed in coverage as a result of the de- months before the date on which any change ures. liberate choice of the policy holder, provided in risk premium rates for flood insurance (6) DRAFT AFFORDABILITY FRAMEWORK.—The that the decision of the policy holder to per- coverage under the National Flood Insurance term ‘‘draft affordability framework’’ means mit a lapse in coverage was as a result of the Program resulting from the amendment the draft programmatic and regulatory property no longer being required to retain made by section 100207 of the Biggert-Waters framework required to be prepared by the such coverage. Flood Insurance Reform Act of 2012 (Public

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S621 Law 112–141; 126 Stat. 919) is implemented, (3) by adding at the end the following: (3) assist in the development of regional the Administrator shall make publicly avail- ‘‘(8) for carrying out section 1363(f).’’. capacity to respond to individual constituent able the rate tables and underwriting guide- SEC. 107. FLOOD PROTECTION SYSTEMS. concerns about flood insurance rate map lines that provide the basis for the change. (a) ADEQUATE PROGRESS ON CONSTRUCTION amendments and revisions; (2) CHANGE IN RATES UNDER THIS ACT.—Not OF FLOOD PROTECTION SYSTEMS.—Section (4) coordinate outreach and education with later than the date that is 6 months before 1307(e) of the National Flood Insurance Act local officials and community leaders in the date on which any change in risk pre- of 1968 (42 U.S.C. 4014(e)) is amended— areas impacted by proposed flood insurance mium rates for flood insurance coverage (1) in the first sentence, by inserting ‘‘or rate map amendments and revisions; and under the National Flood Insurance Program reconstruction’’ after ‘‘construction’’; (5) aid potential policy holders under the resulting from this Act or any amendment (2) by striking the second sentence and in- National Flood Insurance Program in obtain- made by this Act is implemented, the Ad- serting the following: ‘‘The Administrator ing and verifying accurate and reliable flood ministrator shall make publicly available shall find that adequate progress on the con- insurance rate information when purchasing the rate tables and underwriting guidelines struction or reconstruction of a flood protec- or renewing a flood insurance policy. that provide the basis for the change. tion system, based on the present value of (c) AUTHORIZATION OF APPROPRIATIONS.— (3) REPORT ON POLICY AND CLAIMS DATA.— the completed flood protection system, has There are authorized to be appropriated for (A) IN GENERAL.—Not later than 90 days been made only if (1) 100 percent of the cost each fiscal year such sums as may be nec- after the date of enactment of this Act, the of the system has been authorized, (2) at essary to carry out the duties and respon- Administrator shall submit to Congress a re- least 60 percent of the cost of the system has sibilities of the Flood Insurance Advocate. port on the feasibility of— been appropriated, (3) at least 50 percent of (i) releasing property-level policy and the cost of the system has been expended, SEC. 110. EXCEPTIONS TO ESCROW REQUIRE- claims data for flood insurance coverage and (4) the system is at least 50 percent com- MENT FOR FLOOD INSURANCE PAY- under the National Flood Insurance Pro- pleted.’’; and MENTS. gram; and (3) by adding at the end the following: (a) IN GENERAL.—Section 102(d)(1) of the (ii) establishing guidelines for releasing ‘‘Notwithstanding any other provision of Flood Disaster Protection Act of 1973 (42 property-level policy and claims data for law, in determining whether a community U.S.C. 4012a(d)(1)) is amended— flood insurance coverage under the National has made adequate progress on the construc- (1) in subparagraph (A), in the second sen- Flood Insurance Program in accordance with tion, reconstruction, or improvement of a tence, by striking ‘‘subparagraph (C)’’ and section 552a of title 5, United States Code flood protection system, the Administrator inserting ‘‘subparagraph (B)’’; and (commonly known as the ‘‘Privacy Act of shall consider all sources of funding, includ- (2) in subparagraph (B)— 1974’’). ing Federal, State, and local funds.’’. (A) in clause (ii), by redesignating sub- (B) CONTENTS.—The report submitted (b) COMMUNITIES RESTORING DISACCREDITED clauses (I) and (II) as items (aa) and (bb), re- under subparagraph (A) shall include— FLOOD PROTECTION SYSTEMS.—Section 1307(f) spectively, and adjusting the margins ac- (i) an analysis and assessment of how re- of the National Flood Insurance Act of 1968 cordingly; leasing property-level policy and claims data (42 U.S.C. 4014(f)) is amended by striking the (B) by redesignating clauses (i) and (ii) as for flood insurance coverage under the Na- first sentence and inserting the following: subclauses (I) and (II), respectively, and ad- tional Flood Insurance Program will aid pol- ‘‘Notwithstanding any other provision of justing the margins accordingly; icy holders and insurers to understand how law, this subsection shall apply to riverine (C) in the matter preceding subclause (I), the Administration determines actuarial and coastal levees that are located in a com- as redesignated by subparagraph (B), by premium rates and assesses flood risks; and munity which has been determined by the striking ‘‘(A) or (B), if—’’ and inserting the (ii) recommendations for protecting per- Administrator of the Federal Emergency following: ‘‘(A)— sonal information in accordance with section Management Agency to be in the process of ‘‘(i) if—’’; 552a of title 5, United States Code (com- restoring flood protection afforded by a flood (D) by striking the period at the end and monly known as the ‘‘Privacy Act of 1974’’). protection system that had been previously inserting ‘‘; or’’; and SEC. 104. AFFORDABILITY STUDY AND REPORT. accredited on a Flood Insurance Rate Map as (E) by adding at the end the following Notwithstanding the deadline under sec- providing 100-year frequency flood protection ‘‘(ii) in the case of a loan that— tion 100236(c) of the Biggert-Waters Flood In- but no longer does so, and shall apply with- ‘‘(I) is in a junior or subordinate position surance Reform Act of 2012 (Public Law 112– out regard to the level of Federal funding of to a senior lien secured by the same residen- 141; 126 Stat. 957), not later than 2 years after or participation in the construction, recon- tial improved real estate or mobile home for the date of enactment of this Act, the Ad- struction, or improvement of the flood pro- which flood insurance is being provided at tection system.’’. ministrator shall submit to the full Com- the time of the origination of the loan; mittee on Banking, Housing, and Urban Af- SEC. 108. TREATMENT OF FLOODPROOFED RESI- ‘‘(II) is secured by residential improved DENTIAL BASEMENTS. fairs and the full Committee on Appropria- real estate or a mobile home that is part of In implementing section 1308(h) of the Na- tions of the Senate and the full Committee a condominium, cooperative, or other tional Flood Insurance Act of 1968 (42 U.S.C. on Financial Services and the full Com- project development, if the residential im- 4015(h)), the Administrator shall rate a cov- proved real estate or mobile home is covered mittee on Appropriations of the House of ered structure using the elevation difference Representatives the affordability study and by a flood insurance policy that— between the floodproofed elevation of the ‘‘(aa) meets the requirements that the reg- report required under such section. covered structure and the adjusted base flood SEC. 105. AFFORDABILITY STUDY FUNDING. ulated lending institution is required to en- elevation of the covered structure. force under subsection (b)(1); Section 100236(d) of the Biggert-Waters SEC. 109. DESIGNATION OF FLOOD INSURANCE Flood Insurance Reform Act of 2012 (Public ‘‘(bb) is provided by the condominium asso- ADVOCATE. ciation, cooperative, homeowners associa- Law 112–141; 126 Stat. 957) is amended by (a) IN GENERAL.—The Administrator shall tion, or other applicable group; and striking ‘‘not more than $750,000’’ and insert- designate a Flood Insurance Advocate to ad- ‘‘(cc) the premium for which is paid by the ing ‘‘such amounts as may be necessary’’. vocate for the fair treatment of policy hold- condominium association, cooperative, SEC. 106. FUNDS TO REIMBURSE HOMEOWNERS ers under the National Flood Insurance Pro- homeowners association, or other applicable FOR SUCCESSFUL MAP APPEALS. gram and property owners in the mapping of group as a common expense; (a) IN GENERAL.—Section 1363(f) of the Na- flood hazards, the identification of risks tional Flood Insurance Act of 1968 (42 U.S.C. from flood, and the implementation of meas- ‘‘(III) is secured by residential improved 4104(f)) is amended— ures to minimize the risk of flood. real estate or a mobile home that is used as (1) in the first sentence, by inserting after (b) DUTIES AND RESPONSIBILITIES.—The du- collateral for a business purpose; ‘‘as the case may be,’’ the following: ‘‘or, in ties and responsibilities of the Flood Insur- ‘‘(IV) is a home equity line of credit; the case of an appeal that is resolved by sub- ance Advocate designated under subsection ‘‘(V) is a nonperforming loan; or mission of conflicting data to the Scientific (a) shall be to— ‘‘(VI) has a term of not longer than 12 Resolution Panel provided for in section (1) educate property owners and policy- months.’’. 1363A, the community,’’; and holders under the National Flood Insurance (b) APPLICABILITY.— (2) by striking the second sentence and in- Program on— (1) IN GENERAL.— serting the following: ‘‘The Administrator (A) individual flood risks; (A) REQUIRED APPLICATION.—The amend- may use such amounts from the National (B) flood mitigation; ments to section 102(d)(1) of the Flood Dis- Flood Insurance Fund established under sec- (C) measures to reduce flood insurance aster Protection Act of 1973 (42 U.S.C. tion 1310 as may be necessary to carry out rates through effective mitigation; and 4012a(d)(1)) made by section 100209(a) of the this subsection.’’. (D) the flood insurance rate map review Biggert-Waters Flood Insurance Reform Act (b) CONFORMING AMENDMENT.—Section and amendment process; of 2012 (Public Law 112–141; 126 Stat. 920) and 1310(a) of the National Flood Insurance Act (2) assist policy holders under the National by subsection (a) of this section shall apply of 1968 (42 U.S.C. 4017(a)) is amended— Flood Insurance Program and property own- to any loan that is originated, refinanced, in- (1) in paragraph (6), by striking ‘‘and’’ at ers to understand the procedural require- creased, extended, or renewed on or after the end; ments related to appealing preliminary flood January 1, 2016. (2) in paragraph (7), by striking the period insurance rate maps and implementing (B) OPTIONAL APPLICATION.— at the end and inserting ‘‘; and’’; and measures to mitigate evolving flood risks; (i) DEFINITIONS.—In this subparagraph—

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S622 CONGRESSIONAL RECORD — SENATE January 30, 2014 (I) the terms ‘‘Federal entity for lending SEC. 114. STUDY OF VOLUNTARY COMMUNITY- SEC. 116. FLOOD MITIGATION METHODS FOR regulation’’, ‘‘improved real estate’’, ‘‘regu- BASED FLOOD INSURANCE OPTIONS. URBAN BUILDINGS. lated lending institution’’, and ‘‘servicer’’ (a) STUDY.— (a) IN GENERAL.—Not later than 1 year have the meanings given the terms in sec- (1) STUDY REQUIRED.—The Administrator after the date of enactment of this Act, the tion 3 of the Flood Disaster Protection Act shall conduct a study to assess options, Administrator shall issue guidelines for of 1973 (42 U.S.C. 4003); methods, and strategies for making available property owners that— (II) the term ‘‘outstanding loan’’ means a voluntary community-based flood insurance (1) provide alternative methods of mitiga- loan that— policies through the National Flood Insur- tion, other than building elevation, to reduce (aa) is outstanding as of January 1, 2016; ance Program. flood risk to urban residential buildings that (bb) is not subject to the requirement to (2) CONSIDERATIONS.—The study conducted cannot be elevated due to their structural escrow premiums and fees for flood insurance under paragraph (1) shall— characteristics, including— under section 102(d)(1) of the Flood Disaster (A) take into consideration and analyze (A) types of building materials; and Protection Act of 1973 (42 U.S.C. 4012a(d)(1)) how voluntary community-based flood insur- (B) types of floodproofing; and as in effect on July 5, 2012; and ance policies— (2) inform property owners about how the (cc) would, if the loan had been originated, (i) would affect communities having vary- implementation of mitigation methods de- refinanced, increased, extended, or renewed ing economic bases, geographic locations, scribed in paragraph (1) may affect risk pre- on or after January 1, 2016, be subject to the flood hazard characteristics or classifica- mium rates for flood insurance coverage requirements under section 102(d)(1)(A) of tions, and flood management approaches; under the National Flood Insurance Pro- the Flood Disaster Protection Act of 1973, as and gram. amended; and (ii) could satisfy the applicable require- (b) CALCULATION OF RISK PREMIUM RATES.— (III) the term ‘‘section 102(d)(1)(A) of the ments under section 102 of the Flood Dis- In calculating the risk premium rate Flood Disaster Protection Act of 1973, as aster Protection Act of 1973 (42 U.S.C. 4012a); charged for flood insurance for a property amended’’ means section 102(d)(1)(A) of the and under section 1308 of the National Flood In- Flood Disaster Protection Act of 1973 (42 (B) evaluate the advisability of making surance Act of 1968 (42 U.S.C. 4015), the Ad- U.S.C. 4012a(d)(1)(A)), as amended by— available voluntary community-based flood ministrator shall take into account the im- (aa) section 100209(a) of the Biggert-Waters insurance policies to communities, subdivi- plementation of any mitigation method Flood Insurance Reform Act of 2012 (Public sions of communities, and areas of residual identified by the Administrator in the guid- Law 112–141; 126 Stat. 920); and risk. ance issued under subsection (a) of this sec- (bb) subsection (a) of this section. (3) CONSULTATION.—In conducting the tion. (ii) OPTION TO ESCROW FLOOD INSURANCE study required under paragraph (1), the Ad- TITLE II—NATIONAL ASSOCIATION OF PAYMENTS.—Each Federal entity for lending ministrator may consult with the Comp- REGISTERED AGENTS AND BROKERS regulation (after consultation and coordina- troller General of the United States, as the SEC. 201. SHORT TITLE. tion with the Federal Financial Institutions Administrator determines is appropriate. This title may be cited as the ‘‘National Examination Council) shall, by regulation, (b) REPORT BY THE ADMINISTRATOR.— Association of Registered Agents and Bro- direct that each regulated lending institu- (1) REPORT REQUIRED.—Not later than 18 kers Reform Act of 2014’’. months after the date of enactment of this tion or servicer of an outstanding loan shall SEC. 202. REESTABLISHMENT OF THE NATIONAL offer and make available to a borrower the Act, the Administrator shall submit to the ASSOCIATION OF REGISTERED option to have the borrower’s payment of Committee on Banking, Housing, and Urban AGENTS AND BROKERS. premiums and fees for flood insurance under Affairs of the Senate and the Committee on (a) IN GENERAL.—Subtitle C of title III of the National Flood Insurance Act of 1968 (42 Financial Services of the House of Rep- the Gramm-Leach-Bliley Act (15 U.S.C. 6751 U.S.C. 4001 et seq.), including the escrow of resentatives a report that contains the re- et seq.) is amended to read as follows: sults and conclusions of the study conducted such payments, be treated in the same man- ‘‘Subtitle C—National Association of under subsection (a). ner provided under section 102(d)(1)(A) of the Registered Agents and Brokers (2) CONTENTS.—The report submitted under Flood Disaster Protection Act of 1973, as ‘‘SEC. 321. NATIONAL ASSOCIATION OF REG- amended. paragraph (1) shall include recommendations for— ISTERED AGENTS AND BROKERS. (2) REPEAL OF 2-YEAR DELAY ON APPLICA- ‘‘(a) ESTABLISHMENT.—There is established (A) the best manner to incorporate vol- BILITY.—Subsection (b) of section 100209 of the National Association of Registered untary community-based flood insurance the Biggert-Waters Flood Insurance Reform Agents and Brokers (referred to in this sub- policies into the National Flood Insurance Act of 2012 (Public Law 112–141; 126 Stat. 920) title as the Association). Program; and is repealed. ‘‘(b) STATUS.—The Association shall— (B) a strategy to implement voluntary (3) RULE OF CONSTRUCTION.—Nothing in this ‘‘(1) be a nonprofit corporation; community-based flood insurance policies section or the amendments made by this sec- ‘‘(2) not be an agent or instrumentality of that would encourage communities to under- tion shall be construed to supersede, during the Federal Government; take flood mitigation activities, including the period beginning on July 6, 2012 and end- ‘‘(3) be an independent organization that the construction, reconstruction, or im- ing on December 31, 2015, the requirements may not be merged with or into any other provement of levees, dams, or other flood under section 102(d)(1) of the Flood Disaster private or public entity; and control structures. Protection Act of 1973 (42 U.S.C. 4012a(d)(1)), ‘‘(4) except as otherwise provided in this as in effect on July 5, 2012. (c) REPORT BY COMPTROLLER GENERAL.— Not later than 6 months after the date on subtitle, be subject to, and have all the pow- SEC. 111. MONTHLY INSTALLMENT PAYMENTS which the Administrator submits the report ers conferred upon, a nonprofit corporation FOR PREMIUMS. required under subsection (b), the Comp- by the District of Columbia Nonprofit Cor- Section 1308(g) of the National Flood Insur- troller General of the United States shall— poration Act (D.C. Code, sec. 29–301.01 et seq.) ance Act of 1968 (42 U.S.C. 4015(g)) is amended (1) review the report submitted by the Ad- or any successor thereto. by striking ‘‘either annually or in more fre- ministrator; and ‘‘SEC. 322. PURPOSE. quent installments’’ and inserting ‘‘annu- (2) submit to the Committee on Banking, ‘‘The purpose of the Association shall be to ally, monthly, or in other installments that Housing, and Urban Affairs of the Senate and provide a mechanism through which licens- are more frequent than annually’’. the Committee on Financial Services of the ing, continuing education, and other non- SEC. 112. ACCOUNTING FOR FLOOD MITIGATION House of Representatives a report that con- resident insurance producer qualification re- ACTIVITIES IN ESTIMATES OF PRE- tains— quirements and conditions may be adopted MIUM RATES. (A) an analysis of the report submitted by and applied on a multi-state basis without Section 1307(a)(1) of the National Flood In- the Administrator; affecting the laws, rules, and regulations, surance Act of 1968 (42 U.S.C. 4014(a)(1)) is (B) any comments or recommendations of and preserving the rights of a State, per- amended by amending subparagraph (A) to the Comptroller General relating to the re- taining to— read as follows: port submitted by the Administrator; and ‘‘(1) licensing, continuing education, and ‘‘(A) based on consideration of— (C) any other recommendations of the other qualification requirements of insur- ‘‘(i) the risk involved and accepted actu- Comptroller General relating to community- ance producers that are not members of the arial principles; and based flood insurance policies. Association; ‘‘(ii) the flood mitigation activities that an SEC. 115. EXEMPTION FROM FEES FOR CERTAIN ‘‘(2) resident or nonresident insurance pro- owner or lessee has undertaken on a prop- MAP CHANGE REQUESTS. ducer appointment requirements; erty, including differences in the risk in- Notwithstanding any other provision of ‘‘(3) supervising and disciplining resident volved due to land use measures, law, a requester shall be exempt from sub- and nonresident insurance producers; floodproofing, flood forecasting, and similar mitting a review or processing fee for a re- ‘‘(4) establishing licensing fees for resident measures,’’. quest for a flood insurance rate map change and nonresident insurance producers so that SEC. 113. HOME IMPROVEMENT FAIRNESS. based on a habitat restoration project that is there is no loss of insurance producer licens- Section 1307(a)(2)(E)(ii) of the National funded in whole or in part with Federal or ing revenue to the State; and Flood Insurance Act of 1968 (42 U.S.C. State funds, including dam removal, culvert ‘‘(5) prescribing and enforcing laws and 4014(a)(2)(E)(ii)) is amended by striking ‘‘30 redesign or installation, or the installation regulations regulating the conduct of resi- percent’’ and inserting ‘‘50 percent’’. of fish passage. dent and nonresident insurance producers.

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‘‘SEC. 323. MEMBERSHIP. all criminal history record information in- ‘‘(c) ESTABLISHMENT OF CLASSES AND CAT- ‘‘(a) ELIGIBILITY.— cluded in the request to the Association. EGORIES OF MEMBERSHIP.— ‘‘(1) IN GENERAL.—Any insurance producer ‘‘(F) LIMITATION ON PERMISSIBLE USES OF IN- ‘‘(1) CLASSES OF MEMBERSHIP.—The Asso- licensed in its home State shall, subject to FORMATION.—Any information provided to ciation may establish separate classes of paragraphs (2) and (4), be eligible to become the Association under subparagraph (E) may membership, with separate criteria, if the a member of the Association. only— Association reasonably determines that per- ‘‘(2) INELIGIBILITY FOR SUSPENSION OR REV- ‘‘(i) be used for purposes of determining formance of different duties requires dif- OCATION OF LICENSE.—Subject to paragraph compliance with membership criteria estab- ferent levels of education, training, experi- (3), an insurance producer is not eligible to lished by the Association; ence, or other qualifications. become a member of the Association if a ‘‘(ii) be disclosed to State insurance regu- ‘‘(2) BUSINESS ENTITIES.—The Association State insurance regulator has suspended or lators, or Federal or State law enforcement shall establish a class of membership and revoked the insurance license of the insur- agencies, in conformance with applicable membership criteria for business entities. A ance producer in that State. law; or business entity that applies for membership ‘‘(3) RESUMPTION OF ELIGIBILITY.—Para- ‘‘(iii) be disclosed, upon request, to the in- shall be required to designate an individual graph (2) shall cease to apply to any insur- surance producer to whom the criminal his- Association member responsible for the com- ance producer if— tory record information relates. pliance of the business entity with Associa- ‘‘(A) the State insurance regulator reissues ‘‘(G) PENALTY FOR IMPROPER USE OR DISCLO- tion standards and the insurance laws, rules, or renews the license of the insurance pro- SURE.—Whoever knowingly uses any infor- and regulations of any State in which the ducer in the State in which the license was mation provided under subparagraph (E) for business entity seeks to do business on the suspended or revoked, or otherwise termi- a purpose not authorized in subparagraph basis of Association membership. nates or vacates the suspension or revoca- (F), or discloses any such information to ‘‘(3) CATEGORIES.— tion; or anyone not authorized to receive it, shall be ‘‘(A) SEPARATE CATEGORIES FOR INSURANCE ‘‘(B) the suspension or revocation expires fined under title 18, United States Code, im- PRODUCERS PERMITTED.—The Association or is subsequently overturned by a court of prisoned for not more than 2 years, or both. may establish separate categories of mem- competent jurisdiction. ‘‘(H) RELIANCE ON INFORMATION.—Neither bership for insurance producers and for other ‘‘(4) CRIMINAL HISTORY RECORD CHECK RE- the Association nor any of its Board mem- persons or entities within each class, based QUIRED.— bers, officers, or employees shall be liable in on the types of licensing categories that ‘‘(A) IN GENERAL.—An insurance producer any action for using information provided exist under State laws. who is an individual shall not be eligible to under subparagraph (E) as permitted under ‘‘(B) SEPARATE TREATMENT FOR DEPOSITORY become a member of the Association unless subparagraph (F) in good faith and in reason- INSTITUTIONS PROHIBITED.—No special cat- the insurance producer has undergone a able reliance on its accuracy. egories of membership, and no distinct mem- criminal history record check that complies bership criteria, shall be established for ‘‘(I) FEES.—The Attorney General may with regulations prescribed by the Attorney charge a reasonable fee for conducting the members that are depository institutions or General of the United States under subpara- search and providing the information under for employees, agents, or affiliates of deposi- graph (K). subparagraph (E), and any such fee shall be tory institutions. ‘‘(B) CRIMINAL HISTORY RECORD CHECK RE- ‘‘(d) MEMBERSHIP CRITERIA.— collected and remitted by the Association to QUESTED BY HOME STATE.—An insurance pro- ‘‘(1) IN GENERAL.—The Association may es- the Attorney General. ducer who is licensed in a State and who has tablish criteria for membership which shall ULE OF CONSTRUCTION.—Nothing in undergone a criminal history record check ‘‘(J) R include standards for personal qualifications, during the 2-year period preceding the date this paragraph shall be construed as— education, training, and experience. The As- of submission of an application to become a ‘‘(i) requiring a State insurance regulator sociation shall not establish criteria that un- member of the Association, in compliance to perform criminal history record checks fairly limit the ability of a small insurance with a requirement to undergo such criminal under this section; or producer to become a member of the Asso- history record check as a condition for such ‘‘(ii) limiting any other authority that al- ciation, including imposing discriminatory licensure in the State, shall be deemed to lows access to criminal history records. membership fees. have undergone a criminal history record ‘‘(K) REGULATIONS.—The Attorney General ‘‘(2) QUALIFICATIONS.—In establishing cri- check for purposes of subparagraph (A). shall prescribe regulations to carry out this teria under paragraph (1), the Association ‘‘(C) CRIMINAL HISTORY RECORD CHECK RE- paragraph, which shall include— shall not adopt any qualification less protec- QUESTED BY ASSOCIATION.— ‘‘(i) appropriate protections for ensuring tive to the public than that contained in the ‘‘(i) IN GENERAL.—The Association shall, the confidentiality of information provided National Association of Insurance Commis- upon request by an insurance producer li- under subparagraph (E); and sioners (referred to in this subtitle as the censed in a State, submit identification in- ‘‘(ii) procedures providing a reasonable op- NAIC) Producer Licensing Model Act in ef- formation obtained from the insurance pro- portunity for an insurance producer to con- fect as of the date of enactment of the Na- ducer, and a request for a criminal history test the accuracy of information regarding tional Association of Registered Agents and record check of the insurance producer, to the insurance producer provided under sub- Brokers Reform Act of 2014, and shall con- the Federal Bureau of Investigation. paragraph (E). sider the highest levels of insurance producer ‘‘(ii) PROCEDURES.—The board of directors ‘‘(L) INELIGIBILITY FOR MEMBERSHIP.— qualifications established under the licens- of the Association (referred to in this sub- ‘‘(i) IN GENERAL.—The Association may, ing laws of the States. title as the Board) shall prescribe procedures under reasonably consistently applied stand- ‘‘(3) ASSISTANCE FROM STATES.— for obtaining and utilizing identification in- ards, deny membership to an insurance pro- ‘‘(A) IN GENERAL.—The Association may re- formation and criminal history record infor- ducer on the basis of criminal history record quest a State to provide assistance in inves- mation, including the establishment of rea- information provided under subparagraph tigating and evaluating the eligibility of a sonable fees required to perform a criminal (E), or where the insurance producer has prospective member for membership in the history record check and appropriate safe- been subject to disciplinary action, as de- Association. guards for maintaining confidentiality and scribed in paragraph (2). ‘‘(B) AUTHORIZATION OF INFORMATION SHAR- security of the information. ‘‘(ii) RIGHTS OF APPLICANTS DENIED MEM- ING.—A submission under subsection ‘‘(D) FORM OF REQUEST.—A submission BERSHIP.—The Association shall notify any (a)(4)(C)(i) made by an insurance producer li- under subparagraph (C)(i) shall include such insurance producer who is denied member- censed in a State shall include a statement identification information as is required by ship on the basis of criminal history record signed by the person about whom the assist- the Attorney General concerning the person information provided under subparagraph (E) ance is requested authorizing— about whom the criminal history record of the right of the insurance producer to— ‘‘(i) the State to share information with check is requested, and a statement signed ‘‘(I) obtain a copy of all criminal history the Association; and by the person authorizing the Attorney Gen- record information provided to the Associa- ‘‘(ii) the Association to receive the infor- eral to provide the information to the Asso- tion under subparagraph (E) with respect to mation. ciation and for the Association to receive the the insurance producer; and ‘‘(C) RULE OF CONSTRUCTION.—Subpara- information. ‘‘(II) challenge the denial of membership graph (A) shall not be construed as requiring ‘‘(E) PROVISION OF INFORMATION BY ATTOR- based on the accuracy and completeness of or authorizing any State to adopt new or ad- NEY GENERAL.—Upon receiving a submission the information. ditional requirements concerning the licens- under subparagraph (C)(i) from the Associa- ‘‘(M) DEFINITION.—For purposes of this ing or evaluation of insurance producers. tion, the Attorney General shall search all paragraph, the term criminal history record ‘‘(4) DENIAL OF MEMBERSHIP.—The Associa- criminal history records of the Federal Bu- check means a national background check of tion may, based on reasonably consistently reau of Investigation, including records of criminal history records of the Federal Bu- applied standards, deny membership to any the Criminal Justice Information Services reau of Investigation. State-licensed insurance producer for failure Division of the Federal Bureau of Investiga- ‘‘(b) AUTHORITY TO ESTABLISH MEMBERSHIP to meet the membership criteria established tion, that the Attorney General determines CRITERIA.—The Association may establish by the Association. appropriate for criminal history records cor- membership criteria that bear a reasonable ‘‘(e) EFFECT OF MEMBERSHIP.— responding to the identification information relationship to the purposes for which the ‘‘(1) AUTHORITY OF ASSOCIATION MEMBERS.— provided under subparagraph (D) and provide Association was established. Membership in the Association shall—

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‘‘(A) authorize an insurance producer to ‘‘(f) BIENNIAL RENEWAL.—Membership in final disposition of a complaint referred pur- sell, solicit, or negotiate insurance in any the Association shall be renewed on a bien- suant to paragraph (1)(A), but nothing shall State for which the member pays the licens- nial basis. be construed to compel a State to release ing fee set by the State for any line or lines ‘‘(g) CONTINUING EDUCATION.— confidential investigation reports or other of insurance specified in the home State li- ‘‘(1) IN GENERAL.—The Association shall es- information protected by State law to the cense of the insurance producer, and exercise tablish, as a condition of membership, con- Association. all such incidental powers as shall be nec- tinuing education requirements which shall ‘‘(j) INFORMATION SHARING.—The Associa- essary to carry out such activities, including be comparable to the continuing education tion may— claims adjustments and settlement to the requirements under the licensing laws of a ‘‘(1) share documents, materials, or other extent permissible under the laws of the majority of the States. information, including confidential and priv- State, risk management, employee benefits ‘‘(2) STATE CONTINUING EDUCATION REQUIRE- ileged documents, with a State, Federal, or advice, retirement planning, and any other MENTS.—A member may not be required to international governmental entity or with insurance-related consulting activities; satisfy continuing education requirements the NAIC or other appropriate entity ref- imposed under the laws, regulations, provi- ‘‘(B) be the equivalent of a nonresident in- erenced in paragraphs (3) and (4), provided sions, or actions of any State other than the surance producer license for purposes of au- that the recipient has the authority and home State of the member. thorizing the insurance producer to engage agrees to maintain the confidentiality or ‘‘(3) RECIPROCITY.—The Association shall in the activities described in subparagraph privileged status of the document, material, not require a member to satisfy continuing (A) in any State where the member pays the or other information; education requirements that are equivalent ‘‘(2) limit the sharing of information as re- licensing fee; and to any continuing education requirements of ‘‘(C) be the equivalent of a nonresident in- quired under this subtitle with the NAIC or the home State of the member that have any other non-governmental entity, in cir- surance producer license for the purpose of been satisfied by the member during the ap- subjecting an insurance producer to all laws, cumstances under which the Association de- plicable licensing period. termines that the sharing of such informa- regulations, provisions or other action of ‘‘(4) LIMITATION ON THE ASSOCIATION.—The any State concerning revocation, suspension, tion is unnecessary to further the purposes Association shall not directly or indirectly of this subtitle; or other enforcement action related to the offer any continuing education courses for ability of a member to engage in any activ- ‘‘(3) establish a central clearinghouse, or insurance producers. utilize the NAIC or another appropriate enti- ity within the scope of authority granted ‘‘(h) PROBATION, SUSPENSION AND REVOCA- ty, as determined by the Association, as a under this subsection and to all State laws, TION.— central clearinghouse, for use by the Asso- regulations, provisions, and actions pre- ‘‘(1) DISCIPLINARY ACTION.—The Association served under paragraph (5). may place an insurance producer that is a ciation and the States (including State in- ‘‘(2) VIOLENT CRIME CONTROL AND LAW EN- member of the Association on probation or surance regulators), through which members FORCEMENT ACT OF 1994.—Nothing in this sub- suspend or revoke the membership of the in- of the Association may disclose their intent title shall be construed to alter, modify, or surance producer in the Association, or as- to operate in 1 or more States and pay the li- supercede any requirement established by sess monetary fines or penalties, as the Asso- censing fees to the appropriate States; and section 1033 of title 18, United States Code. ciation determines to be appropriate, if— ‘‘(4) establish a database, or utilize the ‘‘(3) AGENT FOR REMITTING FEES.—The Asso- ‘‘(A) the insurance producer fails to meet NAIC or another appropriate entity, as de- ciation shall act as an agent for any member the applicable membership criteria or other termined by the Association, as a database, for purposes of remitting licensing fees to standards established by the Association; for use by the Association and the States (in- any State pursuant to paragraph (1). ‘‘(B) the insurance producer has been sub- cluding State insurance regulators) for the ‘‘(4) NOTIFICATION OF ACTION.— ject to disciplinary action pursuant to a collection of regulatory information con- ‘‘(A) IN GENERAL.—The Association shall final adjudicatory proceeding under the ju- cerning the activities of insurance producers. notify the States (including State insurance risdiction of a State insurance regulator; ‘‘(k) EFFECTIVE DATE.—The provisions of regulators) and the NAIC when an insurance ‘‘(C) an insurance license held by the insur- this section shall take effect on the later producer has satisfied the membership cri- ance producer has been suspended or revoked of— teria of this section. The States (including by a State insurance regulator; or ‘‘(1) the expiration of the 2-year period be- State insurance regulators) shall have 10 ‘‘(D) the insurance producer has been con- ginning on the date of enactment of the Na- business days after the date of the notifica- victed of a crime that would have resulted in tional Association of Registered Agents and tion in order to provide the Association with the denial of membership pursuant to sub- Brokers Reform Act of 2014; and evidence that the insurance producer does section (a)(4)(L)(i) at the time of application, ‘‘(2) the date of incorporation of the Asso- not satisfy the criteria for membership in and the Association has received a copy of ciation. the Association. the final disposition from a court of com- ‘‘SEC. 324. BOARD OF DIRECTORS. ‘‘(B) ONGOING DISCLOSURES REQUIRED.—On petent jurisdiction. ‘‘(a) ESTABLISHMENT.—There is established an ongoing basis, the Association shall dis- ‘‘(2) VIOLATIONS OF ASSOCIATION STAND- a board of directors of the Association, close to the States (including State insur- ARDS.—The Association shall have the power which shall have authority to govern and su- ance regulators) and the NAIC a list of the to investigate alleged violations of Associa- pervise all activities of the Association. States in which each member is authorized tion standards. ‘‘(b) POWERS.—The Board shall have such to operate. The Association shall imme- ‘‘(3) REPORTING.—The Association shall im- of the powers and authority of the Associa- diately notify the States (including State in- mediately notify the States (including State tion as may be specified in the bylaws of the surance regulators) and the NAIC when a insurance regulators) and the NAIC when the Association. member is newly authorized to operate in membership of an insurance producer has ‘‘(c) COMPOSITION.— one or more States, or is no longer author- been placed on probation or has been sus- ‘‘(1) IN GENERAL.—The Board shall consist ized to operate in one or more States on the pended, revoked, or otherwise terminated, or of 13 members who shall be appointed by the basis of Association membership. when the Association has assessed monetary President, by and with the advice and con- ‘‘(5) PRESERVATION OF CONSUMER PROTEC- fines or penalties. sent of the Senate, in accordance with the TION AND MARKET CONDUCT REGULATION.— ‘‘(i) CONSUMER COMPLAINTS.— procedures established under Senate Resolu- ‘‘(A) IN GENERAL.—No provision of this sec- ‘‘(1) IN GENERAL.—The Association shall— tion 116 of the 112th Congress, of whom— tion shall be construed as altering or affect- ‘‘(A) refer any complaint against a member ‘‘(A) 8 shall be State insurance commis- ing the applicability or continuing effective- of the Association from a consumer relating sioners appointed in the manner provided in ness of any law, regulation, provision, or to alleged misconduct or violations of State paragraph (2), 1 of whom shall be designated other action of any State, including those insurance laws to the State insurance regu- by the President to serve as the chairperson described in subparagraph (B), to the extent lator where the consumer resides and, when of the Board until the Board elects one such that the State law, regulation, provision, or appropriate, to any additional State insur- State insurance commissioner Board mem- other action is not inconsistent with the pro- ance regulator, as determined by standards ber to serve as the chairperson of the Board; visions of this subtitle related to market adopted by the Association; and ‘‘(B) 3 shall have demonstrated expertise entry for nonresident insurance producers, ‘‘(B) make any related records and infor- and experience with property and casualty and then only to the extent of the inconsist- mation available to each State insurance insurance producer licensing; and ency. regulator to whom the complaint is for- ‘‘(C) 2 shall have demonstrated expertise ‘‘(B) PRESERVED REGULATIONS.—The laws, warded. and experience with life or health insurance regulations, provisions, or other actions of ‘‘(2) TELEPHONE AND OTHER ACCESS.—The producer licensing. any State referred to in subparagraph (A) in- Association shall maintain a toll-free num- ‘‘(2) STATE INSURANCE REGULATOR REP- clude laws, regulations, provisions, or other ber for purposes of this subsection and, as RESENTATIVES.— actions that— practicable, other alternative means of com- ‘‘(A) RECOMMENDATIONS.—Before making ‘‘(i) regulate market conduct, insurance munication with consumers, such as an any appointments pursuant to paragraph producer conduct, or unfair trade practices; Internet webpage. (1)(A), the President shall request a list of ‘‘(ii) establish consumer protections; or ‘‘(3) FINAL DISPOSITION OF INVESTIGATION.— recommended candidates from the States ‘‘(iii) require insurance producers to be ap- State insurance regulators shall provide the through the NAIC, which shall not be bind- pointed by a licensed or authorized insurer. Association with information regarding the ing on the President. If the NAIC fails to

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submit a list of recommendations not later ‘‘(f) MEETINGS.— posed amendment to the bylaws or standards than 15 business days after the date of the re- ‘‘(1) IN GENERAL.—The Board shall meet— of the Association, accompanied by a concise quest, the President may make the requisite ‘‘(A) at the call of the chairperson; general statement of the basis and purpose of appointments without considering the views ‘‘(B) as requested in writing to the chair- such proposal. of the NAIC. person by not fewer than 5 Board members; ‘‘(3) EFFECTIVE DATE.—Any proposed bylaw ‘‘(B) POLITICAL AFFILIATION.—Not more or or standard of the Association, and any pro- than 4 Board members appointed under para- ‘‘(C) as otherwise provided by the bylaws of posed amendment to the bylaws or standards graph (1)(A) shall belong to the same polit- the Association. of the Association, shall take effect, after ical party. ‘‘(2) QUORUM REQUIRED.—A majority of all notice under paragraph (2) and opportunity ‘‘(C) FORMER STATE INSURANCE COMMIS- Board members shall constitute a quorum. for public comment, on such date as the As- SIONERS.— ‘‘(3) VOTING.—Decisions of the Board shall sociation may designate, unless suspended ‘‘(i) IN GENERAL.—If, after offering each require the approval of a majority of all under section 329(c). currently serving State insurance commis- Board members present at a meeting, a ‘‘(4) RULE OF CONSTRUCTION.—Nothing in sioner an appointment to the Board, fewer quorum being present. this section shall be construed to subject the than 8 State insurance commissioners have ‘‘(4) INITIAL MEETING.—The Board shall Board or the Association to the require- accepted appointment to the Board, the hold its first meeting not later than 45 days ments of subchapter II of chapter 5 of title 5, President may appoint the remaining State after the date on which all initial Board United States Code (commonly known as the insurance commissioner Board members, as members have been appointed. Administrative Procedure Act). required under paragraph (1)(A), of the ap- ‘‘(g) RESTRICTION ON CONFIDENTIAL INFOR- ‘‘(b) DISCIPLINARY ACTION BY THE ASSOCIA- propriate political party as required under MATION.—Board members appointed pursuant TION.— subparagraph (B), from among individuals to subparagraphs (B) and (C) of subsection ‘‘(1) SPECIFICATION OF CHARGES.—In any who are former State insurance commis- (c)(1) shall not have access to confidential proceeding to determine whether member- sioners. information received by the Association in ship shall be denied, suspended, revoked, or ‘‘(ii) LIMITATION.—A former State insur- connection with complaints, investigations, ance commissioner appointed as described in or disciplinary proceedings involving insur- not renewed, or to determine whether a clause (i) may not be employed by or have ance producers. member of the Association should be placed any present direct or indirect financial in- ‘‘(h) ETHICS AND CONFLICTS OF INTEREST.— on probation (referred to in this section as a terest in any insurer, insurance producer, or The Board shall issue and enforce an ethical disciplinary action) or whether to assess other entity in the insurance industry, other conduct code to address permissible and pro- fines or monetary penalties, the Association than direct or indirect ownership of, or bene- hibited activities of Board members and As- shall bring specific charges, notify the mem- ficial interest in, an insurance policy or an- sociation officers, employees, agents, or con- ber of the charges, give the member an op- nuity contract written or sold by an insurer. sultants. The code shall, at a minimum, in- portunity to defend against the charges, and ‘‘(D) SERVICE THROUGH TERM.—If a Board clude provisions that prohibit any Board keep a record. member appointed under paragraph (1)(A) member or Association officer, employee, ‘‘(2) SUPPORTING STATEMENT.—A deter- ceases to be a State insurance commissioner agent or consultant from— mination to take disciplinary action shall be during the term of the Board member, the ‘‘(1) engaging in unethical conduct in the supported by a statement setting forth— Board member shall cease to be a Board course of performing Association duties; ‘‘(A) any act or practice in which the mem- member. ‘‘(2) participating in the making or influ- ber has been found to have been engaged; ‘‘(3) PRIVATE SECTOR REPRESENTATIVES.—In encing the making of any Association deci- ‘‘(B) the specific provision of this subtitle making any appointment pursuant to sub- sion, the outcome of which the Board mem- or standard of the Association that any such paragraphs (B) and (C) of paragraph (1), the ber, officer, employee, agent, or consultant act or practice is deemed to violate; and President may seek recommendations for knows or had reason to know would have a ‘‘(C) the sanction imposed and the reason candidates from groups representing the cat- reasonably foreseeable material financial ef- for the sanction. egory of individuals described, which shall fect, distinguishable from its effect on the ‘‘(3) INELIGIBILITY OF PRIVATE SECTOR REP- not be binding on the President. public generally, on the person or a member RESENTATIVES.—Board members appointed ‘‘(4) STATE INSURANCE COMMISSIONER DE- of the immediate family of the person; pursuant to section 324(c)(3) may not— FINED.—For purposes of this subsection, the ‘‘(3) accepting any gift from any person or ‘‘(A) participate in any disciplinary action term State insurance commissioner means a entity other than the Association that is or be counted toward establishing a quorum person who serves in the position in State given because of the position held by the per- during a disciplinary action; and government, or on the board, commission, or son in the Association; ‘‘(B) have access to confidential informa- other body that is the primary insurance ‘‘(4) making political contributions to any tion concerning any disciplinary action. person or entity on behalf of the Association; regulatory authority for the State. ‘‘SEC. 326. POWERS. ‘‘(d) TERMS.— and ‘‘(1) IN GENERAL.—Except as provided under ‘‘(5) lobbying or paying a person to lobby ‘‘In addition to all the powers conferred paragraph (2), the term of service for each on behalf of the Association. upon a nonprofit corporation by the District Board member shall be 2 years. ‘‘(i) COMPENSATION.— of Columbia Nonprofit Corporation Act, the ‘‘(2) EXCEPTIONS.— ‘‘(1) IN GENERAL.—Except as provided in Association shall have the power to— ‘‘(A) 1-YEAR TERMS.—The term of service paragraph (2), no Board member may receive ‘‘(1) establish and collect such membership shall be 1 year, as designated by the Presi- any compensation from the Association or fees as the Association finds necessary to im- dent at the time of the nomination of the any other person or entity on account of pose to cover the costs of its operations; subject Board members for— Board membership. ‘‘(2) adopt, amend, and repeal bylaws, pro- ‘‘(i) 4 of the State insurance commissioner ‘‘(2) TRAVEL EXPENSES AND PER DIEM.— cedures, or standards governing the conduct Board members initially appointed under Board members may be reimbursed only by of Association business and performance of paragraph (1)(A), of whom not more than 2 the Association for travel expenses, includ- its duties; shall belong to the same political party; ing per diem in lieu of subsistence, at rates ‘‘(3) establish procedures for providing no- ‘‘(ii) 1 of the Board members initially ap- consistent with rates authorized for employ- tice and opportunity for comment pursuant pointed under paragraph (1)(B); and ees of Federal agencies under subchapter I of to section 325(a); ‘‘(iii) 1 of the Board members initially ap- chapter 57 of title 5, United States Code, ‘‘(4) enter into and perform such agree- pointed under paragraph (1)(C). while away from home or regular places of ments as necessary to carry out the duties of ‘‘(B) EXPIRATION OF TERM.—A Board mem- business in performance of services for the the Association; ber may continue to serve after the expira- Association. ‘‘(5) hire employees, professionals, or spe- tion of the term to which the Board member ‘‘SEC. 325. BYLAWS, STANDARDS, AND DISCIPLI- cialists, and elect or appoint officers, and to was appointed for the earlier of 2 years or NARY ACTIONS. fix their compensation, define their duties until a successor is appointed. ‘‘(a) ADOPTION AND AMENDMENT OF BYLAWS and give them appropriate authority to ‘‘(C) MID-TERM APPOINTMENTS.—A Board AND STANDARDS.— carry out the purposes of this subtitle, and member appointed to fill a vacancy occur- ‘‘(1) PROCEDURES.—The Association shall determine their qualification; ring before the expiration of the term for adopt procedures for the adoption of bylaws ‘‘(6) establish personnel policies of the As- which the predecessor of the Board member and standards that are similar to procedures sociation and programs relating to, among was appointed shall be appointed only for the under subchapter II of chapter 5 of title 5, other things, conflicts of interest, rates of remainder of that term. United States Code (commonly known as the compensation, where applicable, and quali- ‘‘(3) SUCCESSIVE TERMS.—Board members Administrative Procedure Act). fications of personnel; may be reappointed to successive terms. ‘‘(2) COPY REQUIRED TO BE FILED.—The ‘‘(7) borrow money; and ‘‘(e) INITIAL APPOINTMENTS.—The appoint- Board shall submit to the President, through ‘‘(8) secure funding for such amounts as the ment of initial Board members shall be made the Department of the Treasury, and the Association determines to be necessary and no later than 90 days after the date of enact- States (including State insurance regu- appropriate to organize and begin operations ment of the National Association of Reg- lators), and shall publish on the website of of the Association, which shall be treated as istered Agents and Brokers Reform Act of the Association, all proposed bylaws and loans to be repaid by the Association with 2014. standards of the Association, or any pro- interest at market rate.

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‘‘SEC. 327. REPORT BY THE ASSOCIATION. State were it not a member of the Associa- ‘‘(1) BUSINESS ENTITY.—The term business ‘‘(a) IN GENERAL.—As soon as practicable tion; or entity means a corporation, association, after the close of each fiscal year, the Asso- ‘‘(C) impose any continuing education re- partnership, limited liability company, lim- ciation shall submit to the President, quirements on any nonresident insurance ited liability partnership, or other legal enti- through the Department of the Treasury, producer that is a member of the Associa- ty. and the States (including State insurance tion. ‘‘(2) DEPOSITORY INSTITUTION.—The term regulators), and shall publish on the website ‘‘(2) STATES OTHER THAN A HOME STATE.—No depository institution has the meaning as in of the Association, a written report regard- State, other than the home State of a mem- section 3 of the Federal Deposit Insurance ing the conduct of its business, and the exer- ber of the Association, shall— Act (12 U.S.C. 1813). cise of the other rights and powers granted ‘‘(A) impose any licensing, personal or cor- ‘‘(3) HOME STATE.—The term home State by this subtitle, during such fiscal year. porate qualifications, education, training, means the State in which the insurance pro- ‘‘(b) FINANCIAL STATEMENTS.—Each report experience, residency, continuing education, ducer maintains its principal place of resi- submitted under subsection (a) with respect or bonding requirement upon a member of dence or business and is licensed to act as an to any fiscal year shall include audited fi- the Association that is different from the insurance producer. nancial statements setting forth the finan- criteria for membership in the Association ‘‘(4) INSURANCE.—The term insurance cial position of the Association at the end of or renewal of such membership; means any product, other than title insur- such fiscal year and the results of its oper- ‘‘(B) impose any requirement upon a mem- ance or bail bonds, defined or regulated as ations (including the source and application ber of the Association that it be licensed, insurance by the appropriate State insurance of its funds) for such fiscal year. registered, or otherwise qualified to do busi- regulatory authority. ‘‘SEC. 328. LIABILITY OF THE ASSOCIATION AND ness or remain in good standing in the State, ‘‘(5) INSURANCE PRODUCER.—The term insur- THE BOARD MEMBERS, OFFICERS, including any requirement that the insur- ance producer means any insurance agent or AND EMPLOYEES OF THE ASSOCIA- ance producer register as a foreign company broker, excess or surplus lines broker or TION. with the secretary of state or equivalent agent, insurance consultant, limited insur- ‘‘(a) IN GENERAL.—The Association shall State official; ance representative, and any other indi- not be deemed to be an insurer or insurance ‘‘(C) require that a member of the Associa- vidual or entity that sells, solicits, or nego- producer within the meaning of any State tion submit to a criminal history record tiates policies of insurance or offers advice, law, rule, regulation, or order regulating or check as a condition of doing business in the counsel, opinions or services related to in- taxing insurers, insurance producers, or State; or surance. other entities engaged in the business of in- ‘‘(D) impose any licensing, registration, or ‘‘(6) INSURER.—The term insurer has the surance, including provisions imposing pre- appointment requirements upon a member of meaning as in section 313(e)(2)(B) of title 31, mium taxes, regulating insurer solvency or the Association, or require a member of the United States Code. financial condition, establishing guaranty Association to be authorized to operate as an ‘‘(7) PRINCIPAL PLACE OF BUSINESS.—The funds and levying assessments, or requiring insurance producer, in order to sell, solicit, term principal place of business means the claims settlement practices. or negotiate insurance for commercial prop- State in which an insurance producer main- ‘‘(b) LIABILITY OF BOARD MEMBERS, OFFI- erty and casualty risks to an insured with tains the headquarters of the insurance pro- CERS, AND EMPLOYEES.—No Board member, risks located in more than one State, if the ducer and, in the case of a business entity, officer, or employee of the Association shall member is licensed or otherwise authorized where high-level officers of the entity direct, be personally liable to any person for any ac- to operate in the State where the insured control, and coordinate the business activi- tion taken or omitted in good faith in any maintains its principal place of business and ties of the business entity. matter within the scope of their responsibil- the contract of insurance insures risks lo- ‘‘(8) PRINCIPAL PLACE OF RESIDENCE.—The ities in connection with the Association. cated in that State. term principal place of residence means the ‘‘SEC. 329. PRESIDENTIAL OVERSIGHT. ‘‘(3) PRESERVATION OF STATE DISCIPLINARY State in which an insurance producer resides ‘‘(a) REMOVAL OF BOARD.—If the President AUTHORITY.—Nothing in this section may be for the greatest number of days during a cal- determines that the Association is acting in construed to prohibit a State from inves- endar year. a manner contrary to the interests of the tigating and taking appropriate disciplinary ‘‘(9) STATE.—The term State includes any public or the purposes of this subtitle or has action, including suspension or revocation of State, the District of Columbia, any terri- failed to perform its duties under this sub- authority of an insurance producer to do tory of the United States, and Puerto Rico, title, the President may remove the entire business in a State, in accordance with State Guam, American Samoa, the Trust Territory existing Board for the remainder of the term law and that is not inconsistent with the of the Pacific Islands, the Virgin Islands, and to which the Board members were appointed provisions of this section, against a member the Northern Mariana Islands. and appoint, in accordance with section 324 of the Association as a result of a complaint ‘‘(10) STATE LAW.— and with the advice and consent of the Sen- or for any alleged activity, regardless of ‘‘(A) IN GENERAL.—The term State law in- ate, in accordance with the procedures estab- whether the activity occurred before or after cludes all laws, decisions, rules, regulations, lished under Senate Resolution 116 of the the insurance producer commenced doing or other State action having the effect of 112th Congress, new Board members to fill business in the State pursuant to Associa- law, of any State. the vacancies on the Board for the remainder tion membership. ‘‘(B) LAWS APPLICABLE IN THE DISTRICT OF of the terms. ‘‘SEC. 331. COORDINATION WITH FINANCIAL IN- COLUMBIA.—A law of the United States appli- ‘‘(b) REMOVAL OF BOARD MEMBER.—The DUSTRY REGULATORY AUTHORITY. cable only to or within the District of Co- President may remove a Board member only ‘‘The Association shall coordinate with the lumbia shall be treated as a State law rather for neglect of duty or malfeasance in office. Financial Industry Regulatory Authority in than a law of the United States.’’. ‘‘(c) SUSPENSION OF BYLAWS AND STAND- order to ease any administrative burdens (b) TECHNICAL AMENDMENT.—The table of ARDS AND PROHIBITION OF ACTIONS.—Fol- that fall on members of the Association that contents for the Gramm-Leach-Bliley Act is lowing notice to the Board, the President, or are subject to regulation by the Financial amended by striking the items relating to a person designated by the President for Industry Regulatory Authority, consistent subtitle C of title III and inserting the fol- such purpose, may suspend the effectiveness with the requirements of this subtitle and lowing new items: the Federal securities laws. of any bylaw or standard, or prohibit any ac- ‘‘Subtitle C—National Association of ‘‘SEC. 332. RIGHT OF ACTION. tion, of the Association that the President or Registered Agents and Brokers ‘‘(a) RIGHT OF ACTION.—Any person ag- the designee determines is contrary to the ‘‘Sec. 321. National Association of Reg- purposes of this subtitle. grieved by a decision or action of the Asso- ciation may, after reasonably exhausting istered Agents and Brokers. ‘‘SEC. 330. RELATIONSHIP TO STATE LAW. available avenues for resolution within the ‘‘Sec. 322. Purpose. ‘‘(a) PREEMPTION OF STATE LAWS.—State Association, commence a civil action in an ‘‘Sec. 323. Membership. laws, regulations, provisions, or other ac- appropriate United States district court, and ‘‘Sec. 324. Board of directors. tions purporting to regulate insurance pro- obtain all appropriate relief. ‘‘Sec. 325. Bylaws, standards, and discipli- ducers shall be preempted to the extent pro- ‘‘(b) ASSOCIATION INTERPRETATIONS.—In nary actions. vided in subsection (b). any action under subsection (a), the court ‘‘Sec. 326. Powers. ‘‘(b) PROHIBITED ACTIONS.— shall give appropriate weight to the interpre- ‘‘Sec. 327. Report by the Association. ‘‘(1) IN GENERAL.—No State shall— tation of the Association of its bylaws and ‘‘Sec. 328. Liability of the Association and ‘‘(A) impede the activities of, take any ac- standards and this subtitle. the Board members, officers, tion against, or apply any provision of law or ‘‘SEC. 333. FEDERAL FUNDING PROHIBITED. and employees of the Associa- regulation arbitrarily or discriminatorily to, ‘‘The Association may not receive, accept, tion. any insurance producer because that insur- or borrow any amounts from the Federal ‘‘Sec. 329. Presidential oversight. ance producer or any affiliate plans to be- Government to pay for, or reimburse the As- ‘‘Sec. 330. Relationship to State law. come, has applied to become, or is a member sociation for, the costs of establishing or op- ‘‘Sec. 331. Coordination with Financial In- of the Association; erating the Association. dustry Regulatory Authority. ‘‘(B) impose any requirement upon a mem- ‘‘SEC. 334. DEFINITIONS. ‘‘Sec. 332. Right of action. ber of the Association that it pay fees dif- ‘‘For purposes of this subtitle, the fol- ‘‘Sec. 333. Federal funding prohibited. ferent from those required to be paid to that lowing definitions shall apply: ‘‘Sec. 334. Definitions.’’.

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0655 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S627 Mr. COCHRAN. Madam President, I up 31 percent. The median income went ica because of health care costs. Last move to reconsider the vote. down for most Americans. year it was estimated that 56 million Mr. CARDIN. I move to lay that mo- We have a problem. During good American families struggled to pay tion upon the table. times, we are seeing the income of the their medical bills. So this is an issue The motion to lay upon the table was wealthiest get larger, in bad times we we need to look at from the point of agreed to. see wealthy people protected, whereas view of helping middle-income fami- f middle-income families are doing lies. AGRICULTURAL ACT OF 2014— worse. We even have what is known as Alan Krueger, the economist, ob- the birth lottery. If you are born into CONFERENCE REPORT—Continued served: poverty, we know you have a hard time We helped the middle class and those Mr. CARDIN. Madam President, I ask getting out of poverty today. If you are struggling to get into the middle class by unanimous consent to speak as in in certain communities, it is even lowering the growth of health care costs, by morning business. much more difficult. preventing those with pre-existing condi- The PRESIDING OFFICER. Without So President Obama was right to tions from being denied health insurance objection, it is so ordered. concentrate on America as opportunity coverage, by creating exchanges for small INCOME INEQUALITY for all. How can we get a growing mid- businesses and lower income families to ob- Mr. CARDIN. Madam President, on dle class in this country? What can we tain health insurance at competitive rates, Tuesday evening, President Obama, in and by providing tax subsidies to small busi- do to help everyone do better in our nesses and lower income workers to purchase his State of the Union Address, made country? Many countries are doing insurance. the point that America must be the much better than we are. This dis- The point Mr. Krueger was making is land of opportunity for all. He ac- parity strikes at the heart of who we when we eliminate preexisting condi- knowledged, quite frankly, that for are as a nation. We believe that if you tions, when we have health exchanges many families in this country the work hard, you play according to the that allow individuals and small busi- American dream is just that, a dream. rules, you should be able to succeed in nesses to be able to get competitive Many families have lost hope that this country. For too many families, rates, we are helping with middle-in- their children or grandchildren will be that is not the reality. able to achieve the American dream. What can we do to make a difference? come growth in America. President Obama made the point that I know there has been a lot of talk as There is a lot more we need to do in if we all work together, the outlook for to what we can do to help in that re- addition to the health care problems this country is strong and that we can gard, what we can do to make it better. we have in this country. The President make not only the American dream It is very important to do that for the mentioned during his State of the something people can continue to be- values of our country. It is important Union Address that Americans need a lieve but it can become a reality for for the families who are affected. But it pay raise. I could not agree with him more and more American families. is also important for our economy. more. In 1968—that was 46 years ago— But he also expressed the reality of So, yes, we need to increase oppor- the minimum wage in this country was where we are. The facts indicate that tunity for middle-income families so set at $1.60 per hour. If you adjust that intergenerational mobility, that is, for more people can live the American for inflation, the minimum wage would a child born into poverty, their ability dream. We need to do that because that be $10.77. The minimum wage in Amer- to move up the economic ladder has is what we stand for as a country. ica is not $10.77, it is $7.25 per hour. The not changed in the last several decades. Those are our values. But we also need tipped employee minimum wage is The American dream has become just to do this for our economy. It is very $2.13. For a full-time worker at the that for too many families. interesting that the companies that minimum wage, $7.25 per hour wage, Let me point out some of the income are making money today are ready to they would be making a little over disparity we have seen grow in the invest in the growth of our economy. $15,000 a year. You cannot support your United States. Some of this is very un- They need consumers. They need peo- family on $15,000 a year. derstandable. It is understandable that ple who will buy the automobiles. They The National Low Income Housing people get paid differently. Some peo- need people who will eat in the res- Coalition has done a study. There is ple work a lot harder, some people taurants. They need people who will go not a single State in the Union where come up with an incredibly ingenious on vacations. They need people who you can afford affordable housing. way of doing something, the American will buy the clothing in the stores. If They defined that as a two-bedroom way of developing new technologies, they do not have the income to do it, housing unit on the rental market. people are willing to take greater risks they do not buy the products, our econ- There is not a single State in the Na- than others. Yes, the reward will be omy does not grow. So a growing mid- tion where the $15,000-a-year income al- greater. We do expect and we do appre- dle class is critically important to our lows you to be able to afford that hous- ciate, we do look up to people who can economy. ing for your family. be very successful in our economic sys- What steps can we take? First, we The American dream is on life sup- tem. have already taken one very important port. We need to do more about that. But what is not understandable is step with the passage of the Affordable One thing we can easily do in this Con- how we have seen a growth in the in- Care Act. The Affordable Care Act gress this year is raise the minimum come disparity among Americans dur- dealt with health care costs. We have wage to $10.10 an hour. ing good times and bad times. Between seen a reduction in the rate of health We also need to adjust it for infla- 1979 and 2007, the top 1 percent in in- care costs over the past couple of tion. What does that mean? We have come in America saw their income go years. It is a major cost among Amer- only adjusted minimum wages maybe up 275 percent, whereas the three mid- ican families. It has been growing and three times in the last 30-some years. dle quintiles—this is what we usually growing every year. We are now start- We need to have the minimum wage consider to be the middle class, those ing to see a slowdown in that. Why? keep up with inflation. That way we do from 20 percent to 80 percent—saw Because we are dealing with health de- not have to deal with abrupt increases. their income go up only 40 percent. livery. We are trying to make the We will have gentle increases, which I This is in a period of economic growth health care system more efficient by think is better for our economy to in this country from 1979. To see your looking at the total care of an indi- start off with, but it also keeps the income go up only 40 percent, whereas vidual rather than just looking at a minimum wage at where we want to the wealthiest are going up close to 300 specific episode. set it. It does not erode the year after percent, should be of concern to people We are trying to reduce readmis- we pass it. of this country. sions. We are dealing with healthy life- I think that makes sense. Let me dis- As we all know, in 2007 we went styles. The Affordable Care Act re- pel some of the myths about the min- through a recession. Since that reces- wards all of those issues. We make imum wage. sion, median income in this country quality affordable insurance available I hear frequently: Well, we are only has declined. It went down 31 percent to all Americans. taking about teenagers or those in during the recession. But for the Last year, nearly 2 million families their early twenties, it is their first wealthiest, it actually went up. It went had to go through bankruptcy in Amer- job, and it is not so serious.

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S628 CONGRESSIONAL RECORD — SENATE January 30, 2014 Let’s look at the facts. The average schools in America, but not all chil- us that to have a growing middle class, age of a person earning minimum wage dren have access to those good schools. we need the revenue. We are going to is 35. The median age is 31; 36 percent We need to do a better job at educating pay our bills—we don’t want the debt— are over 40 years of age, 40 years of age our children in all fields—all fields. but we have to do it in a way that is or older; 56 percent are women—now STEM is very important, but so are the fair and rewards the middle class. only 56 percent of our workforce is humanities, so are the arts. We have to Middle-class families don’t take ad- women, but at minimum wage it is do a better job in our pre-K through 12. vantage of these tax breaks, these tax much more likely to be a woman than In higher education, we have to make loopholes. At a minimum, we have to a man earning minimum wage; 28 per- it much more affordable. close those tax loopholes. I agree with cent of people who are earning the min- How do we expect to get a growing the President in that regard. imum wage have children. These are middle class when so many families are The President also mentioned in the families trying to live on minimum looking at tens of thousands of dollars State of the Union Address that for wage. of educational bills but they don’t have growing a middle class we want to Increasing the minimum wage will any idea of how they are going to be make sure they have a job, we want to help to grow the middle class. It will able to pay for it—or our young work- make sure they are trained for that help our economy. A $10.10 per hour ers saddled with these large debts af- job, we want to make sure they are re- minimum wage will generate about $34 fecting what career they are going to warded for that job with fair wages, billion in wages into our economy, $34 go into. and we also want to make sure they billion. Do you know what that means We have to invest in quality edu- have a secure retirement. We are not for the local businesses that are there? cation but also affordable higher edu- doing enough to make sure Americans Do you know what that means for our cation. That is why it is important for have a secure retirement. economy? I know our economy is on us to reauthorize the Higher Education We have to save more as a nation. the right path, but we have to help it Act, to demand that there be value The best way to save is through retire- along. We don’t have enough jobs in given for the money that we invest in ment savings. We can all come to- America, and $35 billion will allow that higher education but that we also gether to do more. This is not a par- local supermarket or that restaurant make it affordable for American fami- tisan issue. We should be able to do this together. or that business owner to hire some lies. Let me end on a quote from a former more people, creating more jobs, help- We need a modern infrastructure, and President, Theodore Roosevelt. the President talked about that. Good ing our economy continue to grow. He said: ‘‘This country will not be a People who work full time shouldn’t jobs go to where there are good roads, permanently good place for any of us live in poverty. Today, with the cur- good bridges, and good transit systems. to live in unless we make it a reason- rent minimum wage, and even with the Any morning today, try to get around ably good place for all of us to live in.’’ tax credits we have available, most in- this region; we know how important I think that was what President dividuals will live in poverty. That is the transit system is in the Wash- Obama was talking about when he said unacceptable. At $10.10 per hour, we ington area. ‘‘opportunity for all.’’ will be above the poverty line with the In my own State I know we have That is what this Nation stands for. tax credits. three major transit projects that we We have all the reason to believe we That is what we should do. If we play need to get funded so people don’t can accomplish this for the people of according to the rules, we should be spend hours in gridlock every morning. America, but we need to work together able to succeed; work 40 hours a week, We need modern infrastructure in with the President to work to imple- we shouldn’t have to live in poverty, Maryland. In my own State of Mary- ment commonsense changes so we can not in the United States of America. land we have had tremendous problems have a growing middle class in Amer- Americans understand this. Polls with our water infrastructure. We have ica. have shown over and over that the had roads flooded and homes damaged. With that, I yield the floor. overwhelming majority of Americans We need to rebuild our water infra- The PRESIDING OFFICER. The Re- support a reasonable adjustment in the structure and assure that people get publican whip. minimum wage. The Gallup poll found clean, safe drinking water and that we Mr. CORNYN. Madam President, ear- that 76 percent of Americans believe take care of our water infrastructure lier this month the Quinnipiac poll Congress should pass an increase in the in America. asked voters what the top priority they minimum wage. President Obama has We need a modern energy grid in this had for President Obama and Members already taken action, and I applaud country, which is critically important of Congress in 2014: 18 percent said him for that. He is going to be signing for economic growth. As President health care; 16 percent said jobs and an executive order. So those people Obama said, good jobs go to where unemployment; 15 percent said the who are Federal workers, from a con- there is good infrastructure, and we economy in general. By comparison, tractor, Federal contract worker, need to do a better job with the infra- only 1 percent of the voters said in- someone who is getting money from structure in America. come inequality. the Federal Government and hires peo- We will have a chance again in this In other words, 99 percent of the vot- ple, they are going to have to pay the Congress. We haven’t reauthorized the ers in this Quinnipiac poll felt that in- minimum of a $10.10 minimum wage. Surface Transportation Act. I hope a come inequality should not be our top We should do the same for all workers WRDA bill will get done with some of priority and that, rather, they would in this country, and we have it in our our WRDA projects. It is in conference like for us to focus on not only the power to do it. today. Those are things we can do to symptoms of the problems but the root There are a lot of other things the help grow a middle class. causes: how do we get people back to President mentioned. There are many We have to invest in research. I think work; how do we increase upward in- other issues that I think we need to one of the lines that received the big- come mobility, letting people climb deal with for our agenda for a growing gest applause in the President’s State that ladder of success so they can pur- middle class. We clearly need to do a of the Union Address when he said: We sue their own American dream. much better job in education. Edu- have to restore the cuts we made that Yet the most significant economic cation is the key to opportunity in we should never have made to the basic proposal President Obama mentioned America. It truly does open doors. We research, the National Institutes of in his State of the Union was aimed want to open up jobs, but we need peo- Health—headquartered in my State. not at fixing our health care system, ple who are trained to be competitive They are located in every State, but creating jobs or boosting growth but, for these jobs, particularly in a global they are headquartered in Maryland. rather, at this idea of reducing income economy. We need people trained. The work they do is critically impor- inequality. The American people are The President is right to say it starts tant to economic growth in our coun- pretty darn smart, and they under- at a very early age, pre-K. In the pre- try. We have to invest in research. stand that we need to grow the size of K through 12, we have to insist on qual- We need a progressive tax structure. the pie, not only cut up the pie into ity education. We have some great More and more economists are telling different pieces.

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S629 The best way to do that is by guaran- economy, jobs, and to give people the is going to eliminate their deductions teeing that people have the oppor- tools they need to qualify for good, and tax credits and the like that he is tunity to pursue their dreams, not high-paying jobs for which they don’t going to have to bring down their rate some socialistic notion of let’s slice up have the job skills currently. or else it will actually be a tax in- the pie in Washington, DC. No one does We know a lot of our community col- crease. better under that kind of system. leges, such as the one I visited last There is another good reason why we But I also mentioned the Presi- week in Houston, San Jacinto College, need to do the kind of tax reform I am dent’s—apparently—signature proposal does a very good job of training people talking about, and that occasionally for addressing income inequality; that for the skills they need in order to the President talks about when he is is, by raising the minimum wage. I qualify for good, high-paying jobs. talking about progrowth tax reform, heard my friend from Maryland talking That is where we ought to focus our and that is to make it revenue neutral, about the minimum wage as if Wash- government, not by the Federal Gov- to bring down the rates, which will en- ington can wave a magic wand and say: ernment trying to fix prices when it courage people to invest and create You, Mr. Employer, you, Madam Em- comes to wages and actually end up jobs because they know the incentives ployer, are now going to start paying making things worse. will be there for them. They will be your employees 40 percent more than Unfortunately, the President seems able to reap the fruits of their labor you did yesterday because the big bad incapable of embracing an economic and of their risk. That is the kind of Federal Government orders you to do strategy that doesn’t involve more gov- tax reform both political parties sup- so. ernment, particularly more govern- ported back in 1986 and the kind of tax They act as if that would have no ment spending and more government reform we need to do again. other consequences or costs. control over the private sector. My Sadly, the President and the major- As I mentioned yesterday, there are constituents in Texas tell me one rea- ity leader have chosen to hijack this studies that have been done that indi- son they are feeling uncertain about wonderful idea of tax reform while de- cate that if we raise the minimum the future and the economy, particu- manding another $1 trillion tax in- wage to $10.10, for which the President larly if they are a business owner, is crease. Meanwhile, the President wants has argued, it could well dislocate as they don’t know what kind of new to use the Tax Code to pick winners many as several hundred thousand peo- taxes, they don’t know what kind of and losers by discriminating against ple from their existing jobs. new regulation, and they don’t know certain industries and increasing gov- Let’s think about this for a minute. what financial burden, such as ernment subsidies to others. A small employer has a business—let’s ObamaCare, will be thrust down on I heard him talk about the oil and say they have a fast food restaurant; I them that will totally change their gas industry again. This is actually one have hundreds of them, maybe thou- business model and cause them to go of the brightest sectors of the econ- sands of them in my State—and the bankrupt—perhaps because they hadn’t omy. But the President wants to take employer is worried about bringing counted on what the Federal Govern- the goose that laid the golden egg and money in the front door from selling ment might do to them, as opposed to burden it with additional regulations their product, selling the food at their the market. and taxes. fast food restaurant, they know they But we have tried the President’s ap- Truth be known, 80 percent of the tax are going to have certain expenses. proach: big government, spending, benefits that flow to the energy sector Some of that is the materials or food stimulus spending, and the like. That flow to the so-called green energy sec- they put together. Some of it is their is a big reason why we are suffering tor—many of which I think are impor- overhead such as electricity and en- through the slowest economic recovery tant—but we have to be realistic. We ergy, but a significant part of that is since the Great Depression and the are actually writing them a check as going to be the cost of labor, paying highest and longest period of high un- opposed to the millions and millions— people to work there. employment since that same time. and literally hundreds of millions of If we automatically tell that small Even when the President seems to be dollars—of tax revenue generated from employer, that fast food restaurant, in- supporting a fresh approach, he is actu- the oil and gas industry. stead of $7 an hour, they now have to ally selling old ideas in a new package. If there is one sector of the energy pay 40 percent more, what is that going I remember the President talking, for economy that is creating more jobs and to do to their ability to not only hire example, about tax reform. He called opportunity and provides more chance and grow their business but to main- for abolishing loopholes in the Tax for us to reduce our imports from dan- tain their current level of employ- Code and simultaneously lowering the gerous parts of the world, it is our do- ment? marginal rates. That sounds pretty mestic energy sector. But the Presi- Perhaps there is a reason the Presi- good. I would support that, and I be- dent wants to raise their taxes. dent has counterintuitively decided to lieve we could get strong bipartisan The President acknowledged on Tues- come up with some sort of feel good support for that kind of tax reform— day night that what has happened dur- quick patch such as the minimum lower the rates, cut out a lot of the un- ing the 5-year term of his Presidency is wage, which would actually make derbrush, the tax expenditures. that average wages have barely budged, things worse. Perhaps he has decided to They are much like the President’s inequality has deepened, and upward focus on this because maybe he is feel- own bipartisan fiscal and debt commis- mobility has stalled. In other words, he ing a little bit guilty about his record sion, the Simpson-Bowles commission, agrees with the assessment of The New over the past 4 to 5 years. recommended in December of 2010. But York Times. The problem is the solu- According to the New York Times— what did the President do when his tion to that condition would actually hardly a bastion of conservative propa- own bipartisan fiscal commission re- make things worse and not better. ganda—the trend of rising inequality ported to him a bipartisan plan to deal So I actually agree with the Presi- ‘‘appears to have accelerated during with the debt and to get the economy dent’s assessment: During his 5 years the Obama administration.’’ moving again? He ignored it. He as President, average wages have bare- The President—and I will get to this walked away from it. ly budged, inequality has deepened, and in a moment—appeared to concede that Unfortunately, the President, when upward mobility has stalled. So why in much in his State of the Union speech. he talks about tax reform, is actually the world would we want to add an- In fact, one measure of the income gap talking about a way to raise taxes, to other $1 trillion tax burden on our suggests the inequality of wages has raise revenue. This is what I mean by economy and on the productive sector increased four times faster under Presi- that. He talks about tax reform as a of our economy at a time when average dent Obama than it did under the 43rd vehicle for a tax increase, even though wages have barely budged, inequality President of the United States, George he has already raised the taxes of hard- has deepened and upward mobility has W. Bush. The best thing we could do to working American families by $1.7 tril- stalled? Why in the world would we support upward mobility is not to ad- lion while he has been President. But jeopardize the renaissance in American dress the symptom of lower wages but the American people are plenty smart oil and gas production, which rep- to address the root cause, expand the and they can figure out if the President resents one of our few economic bright

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S630 CONGRESSIONAL RECORD — SENATE January 30, 2014 spots? Why in the world would the cost of health insurance, which would bill in the last Congress. Since then, I President continue to reject the Key- make it more affordable, and that have stressed to my colleagues the im- stone XL Pipeline from Canada, which means more people could buy it and portance of producer choice, and I am would create thousands of well-paying more people would get covered. But the truly pleased with the options that are jobs? difference between our approach and built into this piece of legislation. You will notice, by the way, Madam the President’s approach under One part of this bill I am uniquely President, that President Obama said ObamaCare is that under ObamaCare proud of concerns cotton, a crop that is nothing—zero, zip, nada—about the the government gets to choose, and particularly close to my heart and Keystone XL Pipeline in his State of under our alternatives individuals and close to my home. More than any other the Union. It really is just mind-bog- families get to choose what is best for part of this bill, the Upland cotton pro- gling. them. gram represents fundamental reform. I would like to close by noting some- Madam President, I yield the floor. It meets our commitments in the thing the President said about health The PRESIDING OFFICER. The Sen- World Trade Organization and will re- care, and this is another interesting as- ator from Georgia. solve our dispute with Brazil. pect of his State of the Union speech. Mr. CHAMBLISS. Madam President, Moreover, our Nation’s farmers and It was about 40 minutes into his speech I rise today to express my support for landowners deserve to have long-term before he even mentioned health care, the Agricultural Act of 2014, which is conservation programs that have cer- when that is the big, looming, 800- commonly known as the farm bill. It tainty to effectively and efficiently pound gorilla in the room. People are has been quite a journey over the past manage their land and resources for anxious about this rollout of 3 years, and the bill before us is the re- the years ahead. Locally led conserva- ObamaCare—first the Web site, then sult of many long hours of hard work. tion is critical in supporting America’s the cancellations, and then the sticker This bill, I understand, will be on the long-term environmental and economic shock. People are worried about it. But floor come Monday, and hopefully we stability. Not only do farm bill con- the President waited 40 minutes into will have a vote on final passage on servation programs play a key role in his State of the Union speech before this bill on Tuesday. supporting clean air, clean water, and even addressing it. I believe this bill achieves the prom- productive soils, they also help pro- But here is what the President said ise of reform while tackling the single ducers avoid unnecessary regulation to congressional Republicans. He said: largest domestic issue facing our coun- and support our Nation’s long-term If you have specific plans to cut costs, try: The debt and the deficit. I com- economic and food security. cover more people, and increase choice, mend Chairwoman STABENOW, Chair- I also want to highlight language in tell America what you would do dif- man LUCAS, Ranking Members COCH- this bill that links conservation com- ferently. RAN and PETERSON, as well as my fel- pliance to crop insurance. My amend- The problem is we have been telling low conferees for finishing what has ment led many leading agricultural, the President since 2009, but he has re- been a very difficult and complex task. conservation, and crop insurance fused to listen. He has refused to listen, It is my sincere hope the Senate will groups to come together and forge a and he is still refusing to listen. adopt this bipartisan conference re- compromise, ensuring crop insurance The President went on to say that port, a bill that reforms critical farm doesn’t compromise our natural re- Republicans owe it to the American programs, strengthens the Nation’s sources for generations to come. It also people to say what they are for, not food security, protects the livelihood of provides an opportunity for wildlife just what they are against. I agree with our farmers and ranchers and preserves habitat to flourish and, thus, this farm the President, and we have, and con- our efforts to remain good stewards of bill is supported by virtually every tinue to do so, but he continues not to the environment. hunting and fishing organization in the listen. The bill not only works to protect country. Republicans have been offering producers in a time of need, but it also While all of the regulatory issues I health care alternatives for at least the serves as a safety net for the nutri- supported were not able to be included last 5 years, most recently just earlier tional well-being of low-income Ameri- in the final conference report, I am this week when three of my colleagues: cans. Our nutrition assistance pro- happy that language was included to Senator HATCH, Senator BURR, and grams play a key role in ensuring that clarify forest roads are not point Senator COBURN introduced a health re- needy Americans have access to the sources and are not subject to permit form blueprint that would reduce costs, food they need to lead healthy, produc- requirements under the Clean Water expand quality insurance coverage, and tive lives. Act. improve patient access to doctors and We have worked to find savings while We must do what we can to protect hospitals. If President Obama wasn’t still ensuring those in greatest need producers, businesses, and all of our aware of this, then perhaps he needs to are provided a helping hand. I com- constituents from over-burdensome spend a little more time outside the mend the important reinvestments regulations coming out of EPA. After White House and the Democratic echo made in this bill to local food banks all, I am confident we have balanced chamber and actually engage with which provide support for so many of the needs and interests between com- Members of this side of the aisle in se- our communities. modities and regions. Ultimately, the rious discussions. It is really easy to Agricultural producers face a com- reason we are here is to represent those knock down a straw man, but only bination of challenges, such as unpre- who work the land each and every day when it is not true. Given all the mas- dictable weather, variable input costs to ensure that Americans continue to sive problems with the implementation and market volatility that all combine have the highest quality agricultural of ObamaCare—not just with the Web to determine profit or loss in any given products in the world. site, not just with the cancellations, year. The 2008 farm bill provided a Contrary to popular belief, food does not just with the sticker shock or the strong safety net for producers, and I not come from the grocery store. For fact you can’t keep your doctors if you believe the farm bill before us adheres every piece of fresh produce purchased, like them—and along with all of the to and honors the same commitment every pound of meat, every cotton t- massive problems still plaguing our we made 5 years ago in that farm bill. shirt, and for every jar of peanut but- economy and stalling wages, it is time Notably, Congress has taken a fresh ter there is a farmer or a rancher some- for the President to show some real look at our commodity programs. where in America working each and leadership. The way he could show that Maintaining an effective safety net is every day—and working very hard—to leadership is simply to get in a room critical to America’s farmers, and the get it there. I hope that we never take with Members of the opposing party bill before us eliminates direct pay- for granted the ability to get safe qual- and to say: Let’s figure this out. ments while enhancing options for ity food to stores across America for This plan or this blueprint that Sen- farmers to manage their risk. We do so consumers to purchase. ators COBURN, BURR, and HATCH have in a way that doesn’t disadvantage one This will be my fourth and final farm introduced is just one of dozens of ideas region over another, a formula I bill as a Member of Congress. As a that would actually bring down the thought was lacking in versions of this former chairman and ranking member

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S631 of the Senate Committee on Agri- pass the farm bill through the Congress Beyond livestock disaster, there is a culture, Nutrition, and Forestry, I am and get it to the President’s desk? lot to support our ranching community very proud of this bill and of all pre- Now finally, after a series of exten- in this bill. We have included a re- vious farm bills of which I have had the sions and half measures, we actually vamped conservation title—and I chair privilege to be a part. got to a conference committee. I think that subcommittee—which will keep As I have said, I have been around it may be the only conference com- our ranching lands in the West in their the country as a Member of Congress mittee in this Congress. This is how we current state, rather than being di- over the last 20 years. When I leave used to do business around here, I am vided for development. Congress, as I will at the end of this told. I was glad to be a member of the The conference report also carries year, I want to make sure we have one conference committee in this Con- over important conservation title re- strong agricultural policies in place so gress. We got to committee on a long- forms from the Senate bill. Notably, it that young people, such as my grand- term bill. carries forward a Senate provision to son John and my grandson Jay, if they I have stood on this floor before talk- ensure that recipients of government- make a decision to come back to the ing about the land of flickering lights. supported crop insurance comply with farm, will have an incentive to do so, This town has become a place where basic conservation requirements. That and they will be able to provide a qual- the standard of success is keeping the measure was the result of a historic ity of life for their family very much lights on for 2 more weeks or 2 more agreement between the commodity like the quality of life they have today. months. Here we have an honest-to- groups and our conservation groups. It Good agricultural policy will goodness 5-year farm bill. is supported by a wide variety of peo- incentivize those young people to stay Agreed to by both Republicans and ple, from the Farm Bureau to the Na- in rural America and on the farm, and Democrats, it has now been passed by tional Wildlife Federation. This revamped conservation title is I think this Farm bill does that. the House of Representatives, and next huge for rural America. It is huge for There is no single piece of legislation week we will have a chance to pass it farming and ranching families looking that impacts as many people in my here. Thanks to the tireless work of to keep their land and agriculture. It is State as this one. I believe it is vitally Chairwoman STABENOW, Ranking Mem- huge for sportsmen. It is huge for any- important to the farmers, ranchers, ber COCHRAN, and the other conferees, one who cares about the long-term and consumers of Georgia, as well as to we now will have the chance to vote. health of our soil, our air, and our those across this great Nation that we Our rural communities are demand- ing the certainty that comes with a water. I thank again the groups who support this legislation. traditionally represent producers and In closing, let me say it has been my long-term bill. Under the last farm the groups who traditionally represent distinct honor to represent and work bill—and history ought to be our guide the environmental community and with the people, farmers, and ranchers here—our farmers and ranchers were conservationists and sportsmen for of Georgia for 20 years. You provide the remarkably productive. They delivered coming together on commonsense re- the strongest 5-year stretch of farm ex- highest quality food, feed, and fiber in forms. These conservation measures ports in the history of the United the world. Thanks for the opportunity will help us improve the efficiency and States of America. Now it is time to to represent you in Congress and to be production of agriculture and improve make some reforms to farm policy and a member of what I think is an out- the quality of the environment in farm to once again give rural America the standing agricultural committee. country. Madam President, I yield the floor. stability it needs to provide food, fuel, We recognize that keeping these The PRESIDING OFFICER. The Sen- and fiber to the Nation. landscapes in their historical undevel- ator from Colorado. This bill reflects the values and proc- oped state is an economic driver—for Mr. BENNET. Madam President, be- ess we want to see in other areas of the our State, anyway, and I suspect for fore he leaves the floor, I wish to thank budget. We came together as Repub- many States—for tourism and for wild- the Senator from Georgia through the licans and Democrats to identify prior- life habitat. Chair for all of his extraordinary lead- ities, to streamline duplication, to get As I have traveled the State of Colo- ership on the agriculture committee rid of things we didn’t need to do any- rado, farmers and ranchers are con- for so many years. As a new member of more, and to focus in the areas that stantly talking to me about the impor- that committee, I saw firsthand how were important—to break away from tance of conservation and their com- important he was to our getting to a old, inefficient habits, to eliminate for mitment to be stewards of the land for compromise. the first time direct payments issued the next generation. They highlighted So through the Chair, I say thank to farmers regardless of economic in particular conservation easements you to the Senator for his great serv- needs or market signals. That is a sig- which provide the Department of Agri- ice, and particularly his great service nificant reform. culture assistance to help landowners to farmers and ranchers all across his This bill prioritizes what is working voluntarily conserve the farming and home State and also across the great for producers instead; namely, crop in- ranching heritage of their land. I will State of Colorado. surance, which is a large part of what spend a couple of minutes sharing a I too wish to speak today on this keeps farmers and rural economies in story I have told on this floor before compromise bill, this bipartisan bill, business in this country, and that is about one of the many Coloradans who this farm bill which has such a long why it is a priority. have benefited from the easement pro- history. In 2012 the Senate agriculture Beyond crop insurance, another key gram. committee was the only committee in highlight of this bill is the great tools This is a picture of the Music Mead- the entire Congress with a bipartisan it includes for livestock. It includes re- ows Ranch. I actually liked this photo deficit plan. It passed the Senate. The sources for much-needed livestock dis- so much when I was on the floor the House didn’t take it up. I think it was aster programs that are critical to last time with it that I now have a an enormous disservice to rural Ameri- southeast Colorado, where ranchers are copy of it hanging in my office here in cans that we didn’t pass this bill 2 battling dry conditions we haven’t seen Washington. It is outside of Westcliffe, years ago, particularly when farmers since the dust bowl. CO, which is at an elevation of 9,000 and ranchers in my region are facing When I visited last August, producers feet. There are 4,000 acres in the ranch. an unprecedented drought. who are facing stubbornly persistent Elin Ganschow raises some of the fin- I distinctly remember being out dur- drought and feed shortages told me est grass-fed beef in the country on ing the summer of 2012 on the eastern that nearly 70 percent of their live- this family ranch. Thanks to the grass- plains and the western slope of Colo- stock had been liquidated or relocated land reserve program, Elin’s ranch now rado right before the Presidential elec- from the region in just 2 years. That is has a permanent conservation ease- tion. While this town was completely part of a boom and bust cycle that ment, providing critical wildlife habi- consumed with who was going to win comes with our livestock industry tat for elk, mule deer, black bear, and that election, people in Colorado which makes it difficult to build for mountain lions—species prized by Colo- weren’t talking about it at all. They the future. This farm bill couldn’t rado’s sportsmen—that contribute mil- were asking: Why in the world can’t we come sooner for Colorado’s ranchers. lions to our State’s economy. Thanks

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S632 CONGRESSIONAL RECORD — SENATE January 30, 2014 to an amendment included in the con- clude a PILT extension in the con- for every job opening—we have advice ference report, we will see even more of ference report. It is only 1 year, how- of a different kind out of the business these easements happen on high-pri- ever. Unlike the 5-year farm bill, this community: this is a post from the ority landscapes such as the Music is not going to give us the predict- CEO of Marriott Hotels. Mr. Bill Mar- Meadows Ranch. ability that we need. I will continue to riott, by all accounts, is a fine citizen. It is critical to our legacy and to the work with my senior Senator, Mr. He says the House is ready to tackle next generation of Coloradans to make UDALL, and others to make sure people immigration. He said: ‘‘As unemploy- sure we can find a way, when the land hear the voice of the West in this ment inches downward, we also need a prices are rising the way they are, to Chamber. functioning immigration system that keep farms and ranches in the hands of Finally, this bill reduces the deficit helps us staff positions that might oth- our family farmers and our family by $23 billion. As I said, it is going to erwise go unfilled.’’ ranches. That is what this bill will help bring certainty and continued pros- Apparently, he would like to have us do. perity to rural America. From our for- even more applicants for positions at I thank Chairwoman STABENOW and ests, to our farms, to our ranches and his hotels and would probably suggest Senator COCHRAN for working with me rural communities, it is long overdue. that the Republic would be in great to get that amendment approved and This bill has been supported across danger if there is not somebody avail- carried into the final bill. I thank all my home State of Colorado, from the able at every one of his hotel resorts to the Colorado ranchers, sportsmen, and orchards of the Grand Valley, to the roll down somebody’s covers and put a advocates of the outdoors for their sup- wheat fields of Washington County, chocolate drop on it. I don’t know if port in drafting this legislation. and on the editorial pages of the Gree- that is the No. 1 challenge America Also important to the West, this leg- ley Tribune and the Denver Post. faces at this time. islation makes great strides on forest This is a good bill. It passed the The Financial Times of London says help. This is a huge issue for Colorado House with strong bipartisan support, that business groups are pushing Re- and all Western States as we deal with and I urge a yes vote when we take up publicans for immigration reform. terrible droughts, overgrown forests, the farm bill conference report next I just want to talk about the econom- and massive wildfires—a number of week. ics of massive immigration. We need to which have occurred in Colorado. Madam President, I yield the floor understand it, and we need to under- This conference report gives the For- and I suggest the absence of a quorum. stand it clearly. The proper flow of im- est Service new tools to treat areas in The PRESIDING OFFICER (Ms. WAR- migration into America is good for our need of restoration, like acreage suf- REN). The clerk will call the roll. country, but we need to be careful fering from the bark beetle epidemic The legislative clerk proceeded to about this—particularly at a time of fi- that has ravaged Colorado. call the roll. nancial stress for millions of Ameri- The forestry title also reauthorizes Mr. SESSIONS. Madam President, I cans who can’t get a job or who can important programs such as steward- ask unanimous consent that the order only get a part-time job or who have ship contracting and so-called good for the quorum call be rescinded. not seen their wages increase for many neighbor authority for our national The PRESIDING OFFICER. Without years. forests. objection, it is so ordered. Responsible immigration, I would So all in all, I again say thank you to THE ECONOMY suggest first and foremost, should help my colleagues on the committee for Mr. SESSIONS. Madam President, I the economy, not hurt it. The great working so hard together, for acknowl- wish to share some remarks this after- public policy question of immigration edging regional interests that we have noon concerning a very important reform is now before the House, and in the West which may not be shared issue; that is, the financial condition of given the poor state of the economy with everybody. Although anybody working Americans. Things are not and the abysmal condition of the Fed- who is downstream from Colorado—and good for them at this point in time. eral budget, immigration reform has that is basically the entire country— Just a few weeks ago on January 5, become a cutting-edge debate, and a ought to care about forest health in Gene Sperling, the key economic ad- vigorous national discussion about our Colorado and ought to care about viser to President Barack Obama, ap- country’s economic future and reform water quality in Colorado. I think we peared on CNN’s ‘‘Face the Nation.’’ He of the Federal programs that are driv- were heard in this bill, and I deeply ap- said most of the people are desperately ing unsustainable annual deficits. preciate that. looking for jobs. Significantly increasing the inflow of The final point I would make is . . . our economy still has three people immigrants into our country at this something which just came up in the looking for every job opening. time would adversely shock an already last 2 weeks and we were able to re- It has been reported that the House is weak economy, lower average wages, solve. We had an appropriations bill having a retreat today and that they increase unemployment, and decrease which passed a couple of weeks ago are discussing whether to proceed with each American’s prosperity and share that failed to include a very important immigration reform—apparently it of total output. As experts tell us, the provision to States that have a high would have to be somewhat like what GDP, growth of America’s economy per percentage of their land occupied with passed the Senate or it would have no capita, will decline if the bill that was Federal land, and that is the so-called chance of passing the Senate—and they introduced in the Senate were to be- PILT payments, payment in lieu of want to move this bill to try to solve a come law and pass the Senate. taxes. problem out there, but I think it is not The Congressional Budget Office—our The program helps rural counties practical at this point in time. own experts, the people who advise us— containing Federal land within their I wish to share some thoughts about reported in its evaluation the Senate’s boundaries offset the revenue they lose what we should consider as we evaluate effort to increase immigration substan- because they can’t derive property what the proper immigration flow into tially. So the immigration reform was taxes from their land. Dozens of Colo- the United States is at this time. We touted as a tough immigration bill rado counties derive significant por- are a nation that is founded on immi- that was going to end all kinds of prob- tions of their operating budget from grants. We believe in that. We admit 1 lems, but it dramatically increased the PILT. By the way, they use those oper- million people a year lawfully now, and amount of immigration. ating budgets to help maintain a lot of that is the largest number of any coun- They evaluated this bill and found these Federal assets out there by, for try in the world. We are about at the that the economy would indeed grow example, providing search and rescue point—and I think we have reached it— bigger because it would contain more missions. I can say, most of the people where we have the largest percentage people, but it would not be a stronger they are rescuing are not even from of foreign born in the history of the economy for Americans. GDP per per- Colorado. United States. son would actually decline. So that So I am very grateful to Chairwoman We hear advice from certain busi- means the relative financial position of STABENOW for working with me and nesses. Despite Mr. Sperling’s state- each American here would decline if other Senators from the West to in- ment that there are three applicants the legislation were passed based on

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S633 the careful analysis of the Congres- age of the population worked today as would suggest if we bring more iron ore sional Budget Office. was working at the start of the reces- into America, the price of iron ore de- Considering the acute current weak- sion, we would have 10 million more clines. If we bring in more cotton, the nesses of labor markets and the slowest jobs. We would have 10 million more price of cotton declines. If we bring in economic recovery from a recession people working, 10 million more people more textiles, the price of textiles de- since the end of World War II, the last able to support their families better, 10 clines. And if we bring in more labor, thing the U.S. economy needs is a million more people who are perhaps the price of labor declines. That is handicap—much less an enormous not on welfare than there are today. what the facts are. It is a matter of ec- harmful economic shock. In 2007, there were 146 million Ameri- onomics. It hasn’t been repealed. It is We still have not seen job markets cans employed. Today there are 144.6 amazing to me that some of our CEOs recover to 2007 levels—6 years after the million employed. At the same time, and some of our free market geniuses start of the recession. Our economy the population of those older than 16 don’t understand that simple fact. still has three people looking for every years of age has grown by 13.5 million. What about depressing wages? The job opening. President Obama’s advis- So while the population is increasing, Congressional Budget Office concluded, ers have said that labor markets still the number of people actually working based on extensive academic evidence, have not recovered. A significant ex- is lower than it was in 2007. that low- and high-skilled native-born pansion of the flow of immigrants into Moreover, there has been no growth workers would compete at a wage dis- America would be occurring at a time in the income of working Americans. advantage with similarly skilled immi- of substantial weakness in labor mar- Working American families are grant workers. kets. stressed. Jobs just are not being cre- CBO wrote: It is not the unemployment rate that ated at nearly the rate to keep up with Based on CBO’s reading of that research, a is so definitive. It is the number of peo- the population, and millions are simply 1-percent increase in the labor force attrib- ple who are actually able to find a job dropping out. To make matters even utable to immigration has tended to lower the relative wages for all workers with less and are working. The current economic worse, the Census Bureau reported in August of 2013 that the incomes of than a high school diploma by roughly three- recovery has been too slow to produce tenths of 1 percent . . . and to lower the rel- an economic rebound. We still have working families have been in decline ative wages for workers with at least a col- fewer jobs than we had in 2007, when since 2007, adjusting for inflation. lege degree by one-tenth of a percent. This chart shows that it has been a the recession began, even though the CBO’s analysis of S. 744, the bill that fairly steady decline over a long period population increased each year. passed the Senate, shows that average of time. This chart is about employment as a wages across the entire economy are Look at this chart. A median income share of the population. It shows at the lower for the first 12 years of this pol- period of the recession that we had this in 2012 dollars—constant dollars—was $56,000 in 1999. Today, in 2012, it is down icy change. rapid drop from 63 percent of the popu- All right. So what CBO said: If we to $51,000. That is a dramatic reduction lation working down to a little above pass this bill that passed the Senate, it in the average net income of American 58 percent, and it stuck there and still will lower wages across the entire workers. Someone says: What does that there today. This represents millions of economy for 12 years. have to do with immigration? I will people who are not working today be- Is it not the deep, fundamental re- discuss it. It is a factor in what is hap- cause they cannot find a job. sponsibility of the Members of this The concept that we would bring in pening. It just is. Senate to be attuned to and concerned What does CBO say about immigra- more foreign workers to take the very about the wages of working Ameri- tion and wages? It is against this dif- limited number of jobs we have, and in- cans? And should we not immediately ficult economic backdrop that immi- creasing our flow over the normal gen- reject, at a time of low wages, declin- gration reformers want to massively erous flow, makes no sense to me. I ing wages, any policy our CBO tells increase the number of work visas— don’t see how it can be defended intel- us—certainly correctly—will pull down doubling them—by increasing the flow lectually. It might give Mr. Marriott of migrants and legalizing those in the further the wages of American work- the ability to have more cheap labor, country without documents. Basically, ers, at a time when we have record un- and he may have to pay less to get we would increase the current flow of employment, record numbers of people somebody to work at his resorts, but legal immigrants to America from 10 outside the workforce? How simple is that is not our problem. Our problem million over 10 years to 30 million, and this for us to understand? I cannot and our challenge is to help the aver- who would get permanent resident sta- comprehend what it is that this Con- age American citizen live a better life, tus in the United States, over a 10-year gress is thinking. Professor George Borjas, of Harvard, and we are not doing that effectively. period. Each of those 30 million would It has not happened, and this is years be available to compete for any job in the leading expert in the world, I into this post-recession recovery—the the marketplace. Having come from think, on immigration and wages, re- so-called recovery. poor countries, many of them are glad cently noted that immigration from The economy has produced 4.7 mil- to take a job for even the most min- 1960 through 2012, which is the last year lion jobs since the recovery began in imum of wages. That is understand- he had data, has cost native-born work- 2009. There are 6.3 million people who able. We respect that. I am not criti- ers an of $402 billion. Where did that have dropped out of the workforce. cizing them; I am talking about the money go, according to Professor They have given up. They are discour- policy of the U.S. Congress and the Borjas? It went to the corporate profits aged workers who ceased to look for a President of the United States. in almost the exact same amount. He job and do not show up on the unem- CBO found that an increase of this says that native-owned firms would ployment rolls. kind, if the bill that passed the Senate gain $437 billion in income. So they Some of them have taken disability. had become law, would do a number of would have their income increase and Some of them took early retirement. things. No. 1, it would depress wages almost the entirety of that increase in Some of them just quit. Maybe they among low- and high-skilled native- income is paid for by the reduction in have a spouse who is working and they born workers—depress wages, further, wages of their workers. are no longer able to work. This is an across the entire economy. That is Right now, we have healthy profits amazing statistic that dropouts exceed what they reported to us. That is their but not healthy wages. Look at this newly employed. This is unprecedented official analysis. chart which points that out. This in the post-World War II period. They went on to say, No. 2, it would growth in profits is directly caused by As of the end of 2013, 58.6 percent of raise the national unemployment rate the advantage that accrues to a busi- the adult population was employed. and increase the number of people un- ness out doing what it is supposed to This is down from 62.7 percent at the employed. do, which is try to produce widgets at start of the recession. The percentage No. 3, it would slow the growth of per the lowest possible price and make the has been stuck at about 58.6 percent capita output. best profits it can make for their since September of 2009. It has not im- There may be someone who says this stockholders, and pay people competi- proved since 2009. If the same percent- isn’t so and insists it is not so. But I tive wages. When there are a lot more

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S634 CONGRESSIONAL RECORD — SENATE January 30, 2014 workers applying for jobs, they don’t economists at the Federal Reserve ate immigration bill and quit pushing have to pay as high wages as they Bank in Atlanta. They had a look at it. for it, because it is guaranteed to have would if there weren’t that many peo- The prominent labor economist David a negative impact on jobs and GDP per ple applying for jobs. Card of the University of California- capita in America. It just is. It is some- I am not criticizing business. What I Berkeley reached similar conclusions. thing I hope all of us will consider. am saying is that as a matter of na- However, it is not only lower wages I know the House wants to do the tional policy, shouldn’t it be our policy that working Americans have to bear, right thing. I know they want to reach to listen to people such as Professor but it will be higher unemployment as out and be a positive force in America. Borjas who studied this issue and tells well. I know a lot of our Senators felt the us there is a direct relationship be- The rapid increase in the immigrant same way. But they weren’t focused on tween declining wages and the number population, especially those in the low- the realities and the impacts that the of immigrants we have coming into our skilled segment of the income distribu- legislation, if passed, would have. It country? I am not demeaning a single tion, will overwhelm the ability of the would lower wages, it would increase person who wants to come to America economy to produce jobs and increase unemployment, and it would reduce to work. I am just talking about facts. wages. Thus, the Congressional Budget the growth in the economy per person In other words, Professor Borjas finds Office estimates that S. 744, the bill over the next almost 30 years. the increase for business is almost en- that passed the Senate, would raise the This not what we can afford to do tirely paid for by the decline in wages number of unemployed Americans dur- now, colleagues. So I urge all of us to for working Americans. ing the first 5 years by an average an- be honest about this and do the right The problem today is declining wages nual number of 162,000, and that unem- thing. I know there are big businesses for working Americans a lot more than ployment would ‘‘remain elevated that want this. I know there are polit- it is about profits. I don’t have any through 2020.’’ ical interest groups that want this. I problem with corporate profits. I wish This is a stunning conclusion, espe- know some of the Democratic leaders corporate profits were higher. But we cially when compared with what CBO want this real badly, and we have spe- should not be setting up economic fac- argued in its 2013 Outlook. In their cial activist groups that have one rea- tors and creating economic conditions Budget and Economic Outlook of Feb- son or another to favor virtually open that exacerbate an income problem ruary 2013—just last February—CBO boarders in America. that we have in America. That is all I projected—get this—in their projec- We cannot go in that direction. It is am saying. I think American workers tions last year about how many addi- not good for our constituents, for the have a right to demand it, and they un- tional jobs would be created per month people who sent us here to serve the derstand this. Maybe some of our for the next 5 years, they projected we national interests. geniuses don’t understand it. Some would only create 75,000 jobs a month. I will just propose that instead of have political gains they look for out I don’t know what the future holds, taking steps that are guaranteed, docu- of this. Some have economic gains they but we are not seeing the kind of job mented to make things worse, let’s do look for out of this. But somebody bet- growth we expected. This past Decem- a few things to make things better, ter be dealing with the concerns of the ber, the job growth was 74,000—well things that would make jobs better and people in our country who are hurting. below the 200,000 or so we need to just more profitable in America, without Professor Borjas found that the im- have a modest increase in the number adding to the debt of the United pact of increased immigration from of working Americans. So CBO projects States, which in itself is hurting the 1980 to 2000 resulted in a 3-percent de- a 162,000 reduction annually in the American economy. crease in the wage of average native number of people who would be getting We need more American energy that workers and an 8-percent decrease in jobs in America as a result of the pas- creates good-paying jobs right here in the wage of high school dropouts— sage of this bill, and we are only going America. We need a more competitive those who don’t have a high school de- to create 75,000 a month. That is a seri- tax and regulatory code that allows gree. The poorest workers in America ous hammer blow to working Ameri- businesses and workers to compete in suffered the greatest amount during cans and their ability to get a job. In the global marketplace. We need a that 20-year period based on census other words, CBO’s estimated increase good trade policy that increases our ex- data, empirical data, that he can de- in unemployed Americans will equal ports and expands domestic manufac- fend. about a full month of average employ- turing and demands that U.S. manufac- As a matter of fact, this chart is a re- ment gain for the first 5 years after en- turers and workers have their products cent chart. Professor Borjas presented actment. At today’s job growth rate, fairly competed with on a level playing a paper to a large group of economists that additional unemployment is like field around the world—fair trade as in June of last year—last summer—and losing about a month of job gains every well as free trade. We need an immigra- to my knowledge, nobody challenged it year. tion policy that serves the interests of then or since. What about economic output? As one the American people, as I have just So a 10-percent increase in the size of might expect, the lower wages and noted. We need to convert the welfare a skill group—that is high school drop- higher unemployment reflect an econ- office from a check-delivering institu- outs, for example—reduces the wages of omy that is not growing fast enough to tion to a job-creating, job-training cen- that group significantly. absorb all of the new workers we have ter to help move people into jobs and Professor Borjas wrote: in the country now who become work- help them become employed at better Immigration has its largest negative im- age eligible. While the size of the econ- wages. pact on the wage of native workers who lack omy expands under the Senate’s bill, We need to make the government of a high school diploma, a group that makes because of the larger population, the this country leaner and more account- up a modest (and, in recent decades, shrink- growth rate is not fast enough to raise able to the taxpayers so that it pro- ing) share of the workforce. These workers duces more for every tax dollar that is are among the poorest Americans. The chil- wages or lower unemployment. CBO es- dren of these workers make up a dispropor- timates that GNP per capita will fall extracted from the American public. tionate number of the children in poverty: below baseline; that is, without pas- We have an obligation to produce for 24.8 percent of all children of the native-born sage of the immigration bill. So if we the money they give us, and we are not working poor live in households headed by a pass the immigration bill, the GNP— being very productive by any fair anal- high school dropout. gross national product—of America per ysis. We need to restore economic con- That is what he said, not me. I think person, per capita, will be lower and fidence by continuing our effort to the economics has not been disputed stay lower until 2030, than it would be produce a balanced budget. and it is just common sense. if the bill didn’t pass at all. Madam President, I appreciate the Professor Borjas is not alone in these President Obama, talked to us the opportunity to share these thoughts. I findings. I would note Professor Borjas, other night about his concern over believe what I have said represents one I believe, was born in Cuba and came to wages, and I would suggest the first of the most significant public policy this country as a young man, as an im- thing he needs to do is to revise his issues facing our country today. We migrant. Similar results were found by commitment to the passage of the Sen- need to understand what we are doing.

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S635 We need to understand the impact of how positive she was. One friend said They had an altercation. This guy left our legislation. If we take the time to ‘‘she never seemed like she had any the theater to go get a security guard. do so, we will recognize that when we negativity.’’ She left behind a little When he returned, he came back alone. reform immigration, and it must be notebook that she had filled with fan- He took out a gun, and he shot Chad. quite different from that which would ciful drawings and phrases from pop Chad was struck in the chest and be done if the Senate bill were to be- culture. She was a really, really happy died. His wife was hit in the hand and come law. young woman who was raising a really, suffered injuries. An off-duty police of- I yield the floor and suggest the ab- really happy little boy. Little 2-year- ficer and two nurses who happened to sence of a quorum. old Elijah is never going to get to see be in the theater ensured there were no The PRESIDING OFFICER. The his mother again because of a seem- more shots fired. They tried to resusci- clerk will call the roll. ingly random, unprovoked act of vio- tate Chad until the paramedics arrived. The legislative clerk proceeded to lence in another mass shooting. His family members said he was just call the roll. Tyler Johnson had had a tough life. a good all-around guy. He was the fa- Mr. MURPHY. Madam President, I He had had a history of substance ther of a beautiful little girl—a girl he ask unanimous consent that the order abuse. But he had been clean from was texting with at the time of his for the quorum call be rescinded. drugs and alcohol for 2 years, and he murder. ‘‘You’d be hard-pressed to find The PRESIDING OFFICER. Without had pretty much completely turned his somebody who didn’t like him,’’ some- objection, it is so ordered. life around. He was working, earning a body said. ‘‘He was a friend to every- GUN VIOLENCE paycheck at this store at the mall. But body, whoever he met.’’ Mr. MURPHY. Madam President, then, after work, he had become a Two days later, in Dallas, TX, Trini- since the failure of the gun bill on the board member at a local 12-step recov- dad Salazar was killed over a dispute floor of the Senate, I have tried to ery house called the Serenity Center in about roof shingles. There was a dis- come to the floor every week or so to Columbia, and he was now all about pute as to whether he owned these talk about the voices of the thousands the business of mentoring other young shingles or whether another guy owned of victims who have died from gun vio- people to make sure they would not the shingles, and this 38-year-old guy lence all across this country. About 30 fall into the same cycle of abuse of decided the best way to resolve the dis- people a day—not even counting sui- drugs and alcohol that he had. pute over who owned these roof shin- cides—die from gun violence. It is a The president of Serenity Center gles was to shoot 33-year-old Trinidad travesty, it is a tragedy, it is a scourge said: Salazar. A .40 caliber Glock pistol was on our country, and it is inflicting pain I thought he was a remarkable young man. pulled out. He fired one warning shot in our cities, in our suburbs, and the I don’t see a lot of young people stepping up into the ground, and then fired one Senate and the House of Representa- like that. I just thought he was an up-and- shot directly into Trinidad, and Trini- tives—the most deliberative, the most coming leader. dad, at 30 years old, is no longer with representative bodies in the history of We are desperate in this country to us. the world—are doing absolutely noth- have these kinds of role models such as The casualness and the randomness ing about it. Tyler Johnson—somebody who had of this gun violence makes it even If you want to know why it con- struggled with dependence and had not harder to take. It is not that you can tinues, we can give a long list of rea- only conquered it for himself but then ever defend this kind of carnage. But sons. There is no one panacea to solve had gone out and set himself about when no one can see it coming, when it the problem of gun violence. It is about being a role model. becomes the result of simple argu- tightening our gun laws. It is about The difference that Tyler Johnson ments over housing materials or better mental health programming, could have made—Tyler was 25 years nuisances in movie theaters or items of more funding. It is about addressing a old. Tyler was not even halfway clothing, it just makes it even more culture of violence. But it is also about through his life, and he had decided he absurd that we do not step to the plate a signal that we send here, a signal of was going to spend his life turning peo- and do something about it. complicity. ple’s lives around. He had decided he In 2013—the year after Sandy Hook Our silence essentially sends a mes- was going to go back and get a degree happened—we paid even more attention sage to young men and women all that would help him become a coun- to school shootings. So when one came across this country that we must be selor for young people. across our transom, when we saw evi- OK, we must be all right with epidemic We lost maybe 50 years of life trans- dence or reports of shootings on TV, we levels of gun violence if the numbers formations because Tyler Johnson is all paid attention. Over the course of continue to spiral upwards and we do gone. Tyler Johnson was going to help 2013, there were 28 school shootings. absolutely nothing about it. turn kids’ lives around, to get them Madam President, 28 school shootings The statistics alone tell you we back on the straight and narrow path happened in 2013—the year after Sandy should step to the plate and change our like he did, but we do not get that ben- Hook. That is a lot. laws, address the problem, give new re- efit any longer because of another mass We are 28 days into 2014, and in those sources. But seeing that those numbers shooting at a Maryland mall. 28 days we have had 11 school shoot- and that data have not really moved When you read these obituaries and ings. We had 28 in all of 2013. We have the Senate to action, maybe the voices horrific newspaper articles about had 11 school shootings in just the first of the victims will. shooting after shooting, as I have since month of 2014 alone. We are on pace— A lot of attention here in the greater I became so personally connected to we are on pace—to have over 120 school Washington area was paid to a seem- this issue in the wake of the shooting shootings this year. ingly random shooting without appar- in Sandy Hook that took Dylan On January 9, in Jackson, TN; on ent motive in a suburban Maryland Hockley’s life and Daniel Barden’s life January 13, in New Haven, CT; on Jan- mall on Saturday, January 25. and Jesse Lewis’s life and Ben Wheel- uary 14, in Roswell, NM; on January 17, A gunman came in, a 19-year-old with er’s life, you see how casual the vio- in Philadelphia, PA; on January 17, in a shotgun, and sprayed bullets into a lence is. Chad Oulson lost his life on Albany, GA; on January 20, at Widener Zumiez store, which is a store that January 13 of this year in Wesley Chap- University; on January 21, at Purdue sells clothing and merchandise for el, FL. University; again on January 21, at skateboarders and snowboarders. Chad was going to see a new movie. I Wakefield Elementary, in Turlock, CA; He killed Brianna Benlolo and Tyler have not seen it, but I have heard it is on January 24, at South Carolina State Johnson, two people he apparently had pretty good: ‘‘Lone Survivor.’’ He was University; on January 27, in no connection to. texting his 3-year-old daughter, as the Carbondale, IL; on January 28, in Hono- Brianna was 21 years old, and she left previews were playing. One of the lulu, HI—luckily, each one of them— behind a little 2-year-old boy Elijah. movie patrons did not like the fact ‘‘luckily,’’ that is a terrible word to Her friends who worked at the mall that Chad was texting during the pre- use—in each one of these school shoot- with her said Brianna was ‘‘really views of the movie. So he confronted ings there have only been one or two or proud of her job.’’ They spoke about Chad about it. They had an argument. three people shot or injured. But it is

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S636 CONGRESSIONAL RECORD — SENATE January 30, 2014 just a matter of time before there is of what we do. Fewer people partici- families have not known for a long another Sandy Hook. When you are pate directly on the production end of time now what the long-term govern- having school shootings at the rate of agriculture, but, of course, everybody ment commitment to agriculture is. one every two school days, it is just a participates on the consumption end of When we pass this bill, we are going to matter of time before somebody con- agriculture. have that longer commitment for the tinues to pull that trigger over and In America, agriculture directly sup- first time in a while. over or someone does not intervene as ports 16 million jobs which are just in- This supports our export opportuni- quickly as they intervened in these sit- volved in how we grow and process ties. It finds ways that allow us to get uations. what we have. Farm families in Mis- more easily into markets that the peo- If we do not recognize the trend that souri, farm families nationwide, work ple in those countries want us to be in, is developing, if we do not at least send each and every day to feed the country. because what we produce is something a message that the Senate and the More and more are focused on what it they need, they want, they know they House do not condone with our silence takes also to feed the world. would like to have. ‘‘USA’’ stamped on these acts, then it will just continue to For 2 years now we have been in a a truck, on a bin, on a container, is a happen. temporary farm bill. In some cases, the seal of approval all over the world. I am not suggesting that there is a assistance that government has given This expands bioenergy production, magical act of Congress that we can and will give again with the passage of not for the bioenergy things that are pass that is going to end gun violence this bill has not even been there for the out there already in a proven way, but in this country or, frankly, that is last 2 years. When I talk in a few min- expanding bioenergy in places we know going to stop people with deep psycho- utes about livestock disaster, that pro- it needs to be expanded. This is the bill logical illnesses from walking into gram went away in 2011 as we were fac- that we invest in rural communities. malls and churches and schools occa- ing some of the most difficult times in Eighty percent of this bill is now in sionally and firing weapons. a long time. nutrition programs that affect people But we can take steps to make sure The drought has been worse in many in the most urban parts of our country it does not happen as often. We can States than anytime since the 1950s. and in rural parts of our country. But take steps to make sure the carnage is Programs that would deal with that the 20 percent that includes the crop not as bad or as significant when some- have not dealt with that. But the in- insurance and other programs—I think one decides to walk into a crowded vestment in this bill will reaffirm our crop insurance is about 4 percent of the place and do that kind of damage. That commitment to being at the forefront entire bill here. We see people who are is within our power. That is something of productive agriculture. It will pro- critical of how government is doing too on which Republicans and Democrats vide rural communities the ability to much to help farm families, although should be able to agree. compete both here and abroad. Cer- they usually say—they usually assume I will continue to come down to the tainly, it is not perfect. I think while it that all farm families are big corporate floor to tell the stories of the voices of may not be the best possible bill, I farmers. But just 4 percent or so of the the victims until we can find the abil- would say as I said 2 years ago when I bill is that. ity to reach across party lines and do voted for that interim bill, it is the In the 20 percent that deals with something to at least send a message best bill possible right now. rural America, it is things such as eco- that the Senate stands against the de- As we all know, the leaders on the nomic development that allow people veloping, awful, terrible trend of mass agriculture committees in the House to continue to compete and be in rural violence in this country. and the Senate have spent a long time America. This gives our colleges and I yield the floor. trying to bring this bill together. If it universities and the land grants prin- The PRESIDING OFFICER (Mr. MAR- were easy, they would have done it cipally, but the nonland grants who KEY). The Senator from Missouri. quicker. They did not come back ear- have an agricultural mission, the Mr. BLUNT. Mr. President, I want to lier than everybody else did during the things they need, the tools they need, talk about the farm bill that will be on recent break because they wanted to be and research. the floor—is on the floor, that we will back early; they came back because I think researchers were trying to vote on sometime next week. I would that discussion had not brought itself figure out how to be sure that our prod- also predict that this is the last farm to a final bill yet. ucts are as healthy and helpful to the bill that will not be driven by the new But this is the bill. It does some good people who consume them as possible. realities of people who want their food things. It provides a certainty and a That is good. This bill does that by se- needs met in new ways. These food safety net for farm families. Very few curing at the same time some real cost needs are going to be greater, but we farm families at some point in the pro- savings. There is about $23 billion of are going to be less concerned, I would ductive cycle of a year do not have to deficit reduction because of the re- expect, 5 years from now about farm go to the banker and say: We need to forms in this bill, that which we have surpluses and what happens if we grow borrow some money to make some- done in the past that we no longer be- too much than we are about how we thing possible in this planning year lieve we have to do for farm families to meet the growing food needs of the that we could not do without borrowed be competitive. I think 5 years from world, partially because of population, money. Here is how we are going to pay now we can look at this again and as- partially because people, once they get it back. Well, ‘‘here is how we are sume that the world marketplace al- better food, want the better food. Once going to pay it back’’ is a whole lot lows us to look at farming in a new you have got the variety of food, once better if you say: Here is the safety way. you have had the experience of better net. Here is what happens if things that I would like to discuss a couple of im- food, nobody wants to go back to the we do not expect to go wrong go wrong. portant issues that are addressed in food they used to have. We are going to Here is what happens if we have to ac- this bill. One is research; the other is see that driving this debate more over tually use the crop insurance. Here is livestock disaster assistance. In 2012, the next few years than we have up how we will pledge to you that we will, about 80 percent of the agricultural until now. of course, have crop insurance when land in America experienced a drought. Agriculture in many States, includ- you make this loan. So this bill pro- It was the most extensive drought in ing my State of Missouri, is the No. 1 vides that and gives a 5-year place to our country since the 1950s. industry. Sixteen percent of our work- look. In Missouri, all 114 counties were de- force is directly involved in agri- My mom and dad were dairy farmers. clared disaster areas because of that culture. It continues in State after I have some sense of understanding drought. Many with those persistently State where the Presiding Officer and I how farm families work and think. dry conditions were ranked among the both hear that every Senator rep- Knowing how you can look at the rules very worst in the country. We grow resents an agricultural State. I think and regulations 5 years in advance is a lots of livestock in our State—lots of every Senator represents a State where whole lot better than looking 5 months livestock of all kinds, particularly cat- agriculture is a significant part of in advance or 2 years in advance. We tle, beef and dairy cattle. We have live- what we do, as it has always been part have gone through a period where farm stock, we have other livestock that is a

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S637 little easier to both categorize and con- agricultural research has brought us to I intend to support this bill next tain and know everything you would what we produce today, we need to week. want to know about. double that in about the next 50 years. The PRESIDING OFFICER. The Sen- But these industries did not have the It is incumbent upon us to make sure ator from Arizona. kind of risk management programs we have the tools available to do that. Mr. MCCAIN. I ask unanimous con- they needed. For whatever reason, in As the ranking member of the agricul- sent to address the Senate as in morn- the last farm bill, the livestock assist- tural appropriations Committee, cer- ing business. ance programs, the livestock disaster tainly research has been critical to our The PRESIDING OFFICER. Without programs—that is all they are; they committee. I am glad the farm bill au- objection, it is so ordered. are not to help in good times, they are thorizes these research programs and IRAQ purely to help in bad times. Those pro- allows us to continue to encourage re- Mr. MCCAIN. I attended, as did all of grams expired in 2011, just at the time search that will enable us to do what my colleagues, the President’s State of when we had some of the worst live- we need to do to meet our own food the Union Message the night before stock conditions we have had in over 50 needs and world food needs. last. Obviously, as always, the Presi- Agricultural research lets us have years. So there was nothing there for dent delivers an excellent speech. more efficient production, ways to those livestock producers. They were I must say that in the years I have eradicate pests and disease. It address- forced to liquidate their herds, result- attended the President’s State of the es the adverse weather conditions the ing in the lowest cattle numbers since Union Message, I have never seen a crops grow in. Africa as a continent is 1952. message on national security and for- not in the food production role it needs What does that mean, the lowest cat- eign policy as disconnected from re- to be, if by 2050 the projection is half of tle numbers since 1952? It means we ality as the President’s speech. Obvi- the people in the world will live in Af- have fewer cattle, obviously. But it ously it had minor importance by the rica. It is in our best interest to see also means that the replacement of the amount of time that was taken in the them produce more food as well. herd is going to be harder, not as many speech, but what was most interesting mother cows, not as many calves. Beef Of course, it is in our best interests to maintain a safe food supply. Agri- was the President portrayed a Middle shelves in grocery stores will reflect East, in particular, that has little rela- these cattle numbers for a long time cultural research can aid small farm- ers. We can see ag research that adds tion to the reality today and the ongo- because people had to sell their herds. ing tragedies, deaths, and sacrifice be- In our State alone, there were 300,000 value to staple crops and adds nutri- ents to staple crops in countries that cause of a failure of American leader- fewer cattle than there were a couple ship. of years ago. It is the lowest number of grow a lot and have a lot of it, but, frankly, it may not have much food In interesting polling data today, a cattle, in fact, single-year decline since Pew Research poll indicates: the mid-1980s. It takes a long time to value, even though it may be most of More Now See Failure than Success in come back from that decline and have what people eat. The Danforth Plant Science Center Iraq, Afghanistan the numbers of cattle available for in St. Louis conducts critical research Little Partisan Gap in Views of Whether feedlots, for buyers, and eventually for to do just that, to look at a staple crop U.S. Has Reached Goals. the grocery store shelves than we in a developing country and figure how It continues: would have had otherwise. that crop can be changed in a way that After more than a decade of war in Iraq I am pleased the farm bill makes and Afghanistan, the public does not think these programs permanent, but, again, is beneficial to people who are used to it, who can grow it, but need to figure the United States has achieved its goals in they are permanent programs that out how to select the best of those either country. About half of Americans only occur if you have extraordinary plants to replant next year. (52%) say the U.S. has mostly failed to disaster circumstances that make achieve its goals in Afghanistan while 38% Research into nutrient fortification, say it has mostly succeeded. them occur. drought resistance, disease, and other Thanks to smart investment in re- things is important. The farm bill Opinions about the U.S. war in Iraq search, we have the safest, most afford- takes that step. are virtually the same; 52 percent say able and abundant food supply in the The chairwoman of the committee the United States has mostly failed in world. We make smart investment in and the ranking member of the com- reaching its goals there while 38 per- research. This is not a new commit- mittee, our friends the Senators from cent say it has mostly succeeded. ment by the Federal Government. It Michigan and Mississippi, have worked Continuing: goes back to 1862 when President Lin- hard to bring this bill forward. In both cases, evaluations of the wars have coln signed the bill that created the I close by saying again, I predict that turned more negative in recent years. In No- Department of Agriculture. One of the as world food needs and 21st century vember 2011, as the U.S. was completing its principal purposes for the Department opportunities for agriculture change, military withdrawal from Iraq, a majority of Agriculture was research that could that is going to define the debate 5 (56%) thought the U.S. had achieved its goals there. be shared so that every farmer or every years from now, well below what we State or every community did not have are likely to anticipate. It is no longer So the American people, despite the to do their own research but research going to be a world that is driven about rhetoric from the administration— would be shared by the Department of how do we sell the crops we grow, it is some of it incredibly bizarre—have fig- Agriculture, encouraged by the Depart- going to be much more driven by how ured out that after many years of sac- ment of Agriculture, done in a way do we grow the crops the world needs rifice, expenditure of American blood that met the needs of the whole coun- and Americans need, and how do we and treasure, we are looking at and try. connect that result to the market that staring failure in the face. Research continues to produce great needs it. I will quote from the President’s results. In 1940, 1 farmer fed 19 people. American farmers for a long time speech the night before last. This year, 1 farmer feeds about 155 peo- have struggled with how productive On Iraq, the President said: ple. By 2050, global food demand is ex- they were in a world that maybe didn’t When I took office, nearly 180,000 troops pected to increase by about 70 percent, need everything we could grow. That is were serving in Iraq and Afghanistan. Today, and to double shortly after that. The not going to be the case in the very all our troops are out of Iraq. American farmer is the best farmer in near future. I believe by the time we Yes, that is a correct statement. But the world at producing quality prod- get to the end of this 5-year farm bill, what the President didn’t go on to say ucts that are desired to meet that we are going to have a very different was that Iraq is now collapsing under growing food need. If world food needs discussion about how we meet our own the weight of sectarian violence that double between now and some date food needs, world food needs, and the now has exceeded that of 2008, one of shortly after 2050, that means we need great opportunity in agriculture, agri- the most dangerous years of the war. to produce as much food in the second culture business, and competition— What the President didn’t say was that half of this century in any given year that nobody does better than the there is sectarian violence, Sunni and as we have produced—if 10,000 years of American farmer. Shia, initiated largely by President

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S638 CONGRESSIONAL RECORD — SENATE January 30, 2014 Maliki, which is causing attacks The Nusra Front, one of the jihadist fac- forces now in the lead for their own security, throughout Iraq—bomb detonations, tions in Syria, that aligns itself with al- our troops have moved to a support role. . . . IEDs, attacks on various institutions. Qaida, ‘‘does have aspirations for attack on After 2014, we will support a unified Af- President Maliki has driven his own the homeland,’’ James Clapper, the US direc- ghanistan as it takes responsibility for its tor of national intelligence, told the Senate own future. If the Afghan government signs vice president out of the country. The Intelligence Committee on Wednesday, yes- a security agreement that we have nego- list goes on and on. terday. tiated, a small force of Americans could re- I say to my colleagues, there is no We know that with Al Nusra, Al- main in Afghanistan with NATO allies to greater example of our failure in Iraq Qaeda, and other radical Islamist orga- carry out two narrow missions: training and than Fallujah today. In the second bat- assisting Afghan forces, and counterterror- nizations, which, by the way, are at- tle of Fallujah, in 2007, the United ism operations to pursue any remnants of Al tracting young men from all over the States of America lost 96 marines and Qaeda. For while our relationship with Af- world, including Europe, is now one soldiers killed, over 600 wounded. ghanistan will change, one thing will not: that is contemplating attacks on the our resolve that terrorists do not launch at- Today, vehicles are driving through the United States of America. tacks against our country. streets of Fallujah flying Al-Qaeda I want to again mention General flags. Al-Qaeda is now in charge in On the one hand, the President said Conway, who commanded the marines there would be two narrow missions Fallujah. during the first battle of Fallujah in I wonder what we tell families of and yet our goal is still that terrorists 2004. don’t launch attacks against our coun- those brave soldiers and marines who At the Heritage Foundation he said: were killed and wounded in the first try. Again, he failed to put forward a ‘‘We fought and died taking those cities,’’ and second battle of Fallujah. Because true proposal for our strategy in Af- Conway said Wednesday at the Heritage ghanistan and once again avoided offer- in the words of General Petraeus, who Foundation. Conway became the Marine was the architect of the surge—which ing any specifics on troop numbers. Corps commandant before retiring as a four- Why did we not leave a troop presence most of my colleagues, including the star general. President of the United States, said A blunt-talking general who rarely seeks behind in Iraq? Because they would would fail, when actually there were the spotlight, Conway described his reaction never give a troop number. Anybody many of us who knew that it would and to recent events in stark terms during his who tells you the problem was not get- did succeed: We won the war but lost brief remarks. ting it through the Iraqi Parliament is It causes Iraqi and U.S. policies to look a not telling you the truth. the peace. little weak and confused in the wake of how We lost the peace because the United Senator GRAHAM, Senator Lieber- hard we fought to get those cities back in man, and I were in Erbil when Presi- States of America did not leave a resid- the first place. dent Barzani said: I will go to Baghdad. ual force behind, thereby allowing the Continuing: situation to deteriorate to where it is When we met with Allawi, he said: I ‘‘In some ways, the al-Qaeda grand strat- will sit with Maliki. We went to Maliki today with Al-Qaeda now in charge of egy is vindicated,’’ Conway said, referring to the city of Fallujah, Ramadi—the and Maliki said: I will agree to have a the organization’s desire to wait out Amer- force of troops in my country. How Syria-Iraq border now being the head- ican forces. quarters and staging areas of Al-Qaeda many? We could not give him an an- Why did they wait out American swer nor would the administration give in both Syria and Iraq. Their black forces? They waited out American flags now fly over cities where brave him an answer. forces because as soon as President In the words and testimony of our Americans, marines and soldiers, sac- Obama took office he announced we rificed their lives and their well-being. Chairman of the Joint Chiefs of Staff, were leaving. He didn’t announce a the number cascaded down to 3,500, and Gen. James Conway, who commanded strategy for success. He didn’t say we the marines in the first battle of that would have been a force that spent have to reach certain goals before we its time defending itself. Therefore, we Fallujah in April 2004, commenting on leave. He told everybody we were leav- failures of the administration’s policies did not leave a troop force behind in ing. Iraq, and I have just described the con- in Iraq stated: ‘‘In some ways, the al- It is very clear, when we look at elec- Qaeda grand strategy is vindicated.’’ sequences. toral history, that his vote against the The same thing is happening in Af- He deplored U.S. policies, appeared resolution concerning military action weak and confused in the wake of how ghanistan. The President will not say in Iraq was one of the factors that led the force level he wants left behind in hard we fought to get those cities back him to the Presidency. But for him to in the first place. Afghanistan. Why is it he will not? stand before the American people and I want to point out that President What did the President of the United say: States say? Did he mention Fallujah? Karzai of Afghanistan is a paranoid in- When I took office, nearly 180,000 Ameri- Of course not. dividual, and he has been incredibly cans were serving in Iraq and Afghanistan. unhelpful. It has been terribly dis- He said: Today, all our troops are out of Iraq. appointing to me—and I have known When I took office, nearly 180,000 troops This is, at best, a very incomplete de- were serving in Iraq and Afghanistan. Today, him for 14 years—that he is behaving all our troops are out of Iraq. piction of what has happened since all as he is. But President Karzai’s para- of those troops are out of Iraq. noia is somewhat understandable when Yes, the troops are out of Iraq and Finally, General Conway said: the place is going to hell in a hand bas- he does not know whether the United ket. Those who lost people, those wounded, I States will remain, he doesn’t know think, are now stripped of a coping mecha- whether he can count on the United Don’t think that these people, Al- nism, Conway said. ‘‘If you have a young Ma- Qaeda and Al Nusra, are not intent on rine or soldier sitting with his legs missing, States, and he knows he has to stay in pursuing their goals of radical Islam he could at least previously say, ‘Well what the neighborhood and accommodate for right to the United States of America. we did was the right thing. Iraq is better for the likelihood now that the United This should concern every one of my it, and we won.’ ’’ I’m not sure that same in- States leaves completely. So his para- colleagues and every American citizen. dividual sitting in that chair is thinking noia, to some degree, is much more un- Yesterday there was a hearing in the those things these days. That’s truly sad. derstandable. Senate Intelligence Committee: I have talked to and heard from so On our last trip to Afghanistan in Al Qaida faction in Syria contemplating many of these brave young Americans early January, we saw firsthand the U.S. attack, intelligence officials warn. who feel exactly as General Conway de- progress that has been made by Amer- Senate hears Nusra Front has ‘‘aspirations scribed. They don’t know and they ican and Afghan forces, and such for attacks on the homeland’’ amid concern don’t understand after the enormous progress is a true testament to the over civil war’s terrorism implications. sacrifices that they made that some- positive impact our troops have had Intelligence officials have claimed that a and the long-term benefits of our part- faction linked to al-Qaida in Syria has a de- how now black Al-Qaeda flags are fly- sire to launch a domestic attack on the US, ing over Fallujah. nership with the Afghan people. The an assertion that underscored the growing On Afghanistan, the President said: Afghan people, though, and military importance of the Syrian civil war to global More than 60,000 of our troops have already will need our continued support. If we terrorism. come home from Afghanistan. With Afghan pull out, if we see the Iraq movie again,

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S639 we will see the same thing happen in Bashar al-Assad is going to willingly walk with his Chief of Staff and then Afghanistan that is now happening in leave office, when he is winning the decided he would go to the Congress of Iraq, and it doesn’t take a lot of smarts battle on the ground, obviously has no the United States for permission or for to know that. idea of the nature of Bashar Assad. ratification of any attack he might So now we turn to Syria. In Syria Again, the slaughter goes on, and one make, and, obviously, that wasn’t ‘‘we will support the opposition that of the huge aspects of this happens to going to happen. rejects the agenda of terrorist net- be the fact that it is no longer a civil I say to my colleagues, I travel a lot works.’’ What does that mean? war. I would remind my colleagues this in the Middle East. I can tell you—and Despite promise after promise, the conflict began because in homes there I would even name names but not on administration has refused to provide were some children who wrote some the record—that at that moment our aid to the moderate opposition forces anti-Assad graffiti on the wall. They allies lost confidence, they lost belief in Syria who are committed. It was 2 were rounded up by Assad’s police and in the United States. We are now years ago when the President of the were tortured and beaten, and that watching countries in the region open- United States said: It is not a matter began an Arab spring in Syria. That ly stating—for example, the Saudi Ara- of whether Bashar al-Assad will leave spread throughout the country and now bians refusing a seat on the National office, it is a matter of when. It was has spread throughout the region. Security Council of the United Na- over 2 years ago, at the Senate Armed As I just said, the Iraq-Syria border tions—and this is published every- Services Committee, when Secretary of is now Al Qaeda. It is now controlled where—they no longer believe in the Defense Panetta and the Chairman of by them. The Iranians are all in, with United States of America. By the way, one of the other aspects the Joint Chiefs of Staff said in answer 5,000 Hezbollah; Lebanon is desta- of this, and there are many, is a Wash- to my question: Sir, it is inevitable, it bilized; Jordan is overwhelmed by refu- ington Post story of this morning: is inevitable that Bashar al-Assad will gees; Turkey is even under strain; Europeans are flocking to the war in Syria. leave office. 100,000-some refugees are even in What happens when they come home? Does anybody believe that now? Kurdistan. It has turned into a regional The story is about a couple of people Our failure to help the Free Syrian conflict and one which, sooner or later, who went from England. Army over time was negated and over- will finally erupt into a major conflict whelmed by the presence of 5,000 The distress among security officials is which is going to affect the United pervasive in European capitals and in Wash- Hezbollah sent in by the Iranians, the States of America. ington. U.S. Intelligence Chief James R. Iranian Revolutionary Guard, plane- The President of the United States Clapper, Jr. told a congressional panel load after planeload of weapons that may want to leave the Middle East Wednesday that the Syrian war had at- now land at the Damascus Airport alone, but I can assure my colleagues tracted about 7,000 foreign fighters from as from Russia, while they are loaded the Middle East will not leave America many as 50 nations and that at least one of onto Russian-built helicopters, and alone. Look at the statement made the main jihadist groups in Syria aspires to barrel bombs, which are explosives just today by our Director of National carry out an attack in the United States. But Europe is a far closer and more acces- packed with all kinds of nuts and bolts Intelligence who said that al-Nusra, an sible target. The International Center for the and other metals, are dropped out of affiliate of Al Qaeda, is planning at- Study of Radicalization estimated last those helicopters on men, women, and tacks on the United States of America. month that nearly 2,000 Western Europeans children. The President said: Finally, let’s re- had traveled to Syria to fight and that the But not to worry—not to worry—be- member that our leadership is defined number was rising fast. cause the chemical weapons are leav- not just by our defense against threats Continuing to quote from the article: ing, apparently, according to the Presi- but by the enormous opportunities to French officials say 700 came from France. dent, because he said: American diplo- do good and promote understandings French Interior Minister Manuel Valls as- macy, backed by the threat of force, is around the globe, and no one is better serted this month that returning fighters why Syria’s chemical weapons are positioned to take advantage of those represent ‘‘the biggest threat the country opportunities than America. faces in the coming years.’’ The anxiety has being eliminated, and we will continue been especially acute in Britain, where to work with the international commu- I couldn’t agree more. But when the memories are still fresh of the July 2005 nity to usher in the future the Syrian United States is viewed by the world, transit bombings. These attacks, which people deserve, a future free of a dic- particularly the Middle East, as weak, claimed 52 lives, were carried out by home- tator, terror, and fear. withdrawing, no longer involved or try- grown radicals, at least two of whom had re- The chemical weapons he is hailing ing to disengage, then I am not sure we ceived training in Pakistan. ‘‘The penny as a success—how much has been ac- can have the effects the President out- hasn’t dropped. But Syria is a game-chang- complished? The Syrian Government lined in his State of the Union speech. er,’’ Richard Walton, who leads counterter- I think it is very clear that a seminal rorism efforts at Scotland Yard, told the has delivered less than 5 percent of its Evening Standard newspaper. ‘‘We are seeing deadliest chemical weapons agents to moment, as far as the entire Middle it every day. You have hundreds of people international authorities so far. This is East is concerned, was when the Presi- going to Syria, and if they don’t get killed a quote from an L.A. Times story: dent of the United States said that be- they get radicalized.’’ Syria unlikely to meet deadline on its cause Bashar Assad had crossed the red So we are in a situation of failed deadliest chemical agents. President Bashar line in the use of chemical weapons— leadership over the last 5 years and the Assad’s government has delivered less than 5 there was indisputable evidence that chickens, unfortunately, are beginning percent of its deadliest chemical weapons 1,400 men, women, and children had to come home to roost. When the Presi- agents. The deadline is next week. been killed in chemical weapons at- dent of the United States, in his ad- So even this claim about chemical tacks—we were going to have to enact dress to the Nation, describes things in weapons being removed does not bear strikes against Bashar Assad in Syria. the Middle East as he did, I think it is scrutiny. But far, far, far more impor- A few days later, our Secretary of very, very, very unfortunate because tant—far more important, I say—is State, in one of the more incredible that does not comport with the actual that if we got rid of the chemical weap- statements I have ever heard—said: facts on the ground. ons Bashar al-Assad had, that would Yeah, but the strike will be ‘‘unbeliev- I say to my colleagues, the American not change the equation on the ground. ably small.’’ I am not making that up. people no longer believe our mission in I am sure a Syrian mother cannot dif- He said the strike would be ‘‘unbeliev- Iraq and Afghanistan was the right ferentiate very well if her child is ably small.’’ thing to do. I can tell my constituents killed by a chemical weapon, a barrel That must have really frightened the that in 2008 things were very different. bomb or is starved to death, as 120,000 Syrians when they heard that any mili- The surge had worked. We were gradu- men, women, and children have met tary strikes would be ‘‘unbelievably ally withdrawing from Syria. We had that fate. small.’’ the Taliban in Afghanistan largely It is unbelievable. Now we are watch- The President of the United States under control. In Syria, Bashar Assad ing a charade take place in Geneva, then, without informing our allies— was losing. Now the terrain throughout and that of course has turned into a specifically the Saudis—according to the Middle East is dramatically dif- farce. Anybody who believes that published reports, took a 45-minute ferent.

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S640 CONGRESSIONAL RECORD — SENATE January 30, 2014 As much as I regret to say, it is my a lot of time at the Farmers Union, military veterans who wish to begin a obligation to tell my constituents my with corn growers and soybean grow- career in agriculture. view; that is, we have very, very dif- ers, and getting to know and under- The 2008 farm bill had $75 million for ficult times ahead. I do not like to pre- stand agricultural work on tax and reg- this program with 5 years mandatory. dict that bad things are going to hap- ulatory issues. I always felt as if I was The 2014 bill ups that amount to $100 pen, but right now I don’t see how they the youngest person in the room that million, recognizing the need that we can be avoided. whole while, and I was in my 30s and have to create that next generation of Mr. President, I yield the floor. 40s. I would walk into a room and feel producers. The PRESIDING OFFICER. The Sen- young. That has really been true. The 2014 farm bill prioritizes begin- ator from North Dakota. I had a really wonderful experience ning farmers across USDA programs. Ms. HEITKAMP. Mr. President, the when I was back home this last trip. I The Department of Agriculture is re- number one priority for any Senator went to something called Precision Ag- quired to prioritize beginning farmers from North Dakota is the passage of a riculture, which is a special conference to ensure they have access to USDA 5-year farm bill. the Farmers Union hosts for North Da- programs. The bill continues to set When I was campaigning across kota’s NDSU Extension, where they aside loan funds for both the beginning North Dakota, I reminded my constitu- look at using different kinds of new and socially disadvantaged farmers ents that in spite of this wonderful en- technologies, whether they are applica- who struggle to find credit someplace ergy renaissance we have going on in tion technologies to be more efficient else. North Dakota, over 90 percent of all in how we use fertilizers and seeds or There are also 5-percent set-asides in the land in my State is engaged in pro- whether it is finding an ap that gives the environmental quality incentive duction agriculture. us more information for marketing. program and the conservation steward- It makes this farm bill so critically You name it. The Precision Agri- ship program to make sure that begin- important to the economy not only of culture conference has gotten bigger ning farmers and ranchers have fair my State but the economy of this and bigger. and equitable access to conservation country. Sixteen million jobs depend in But why I point that out and talk programs. this country on the passage of a farm about it is that as I stood at the po- This new farm bill increases access to bill which provides producers with risk dium and took one look, I said: I want capital for new farmers and ranchers. management opportunities that make everybody under the age of 45 to stand The bill makes significant strides in their farm work sustainable and make up. Well over half of my audience stood increasing lending to beginning farm- their continuation in production agri- up. That has never before happened in ers by expanding eligibility, removing culture economically possible. the 30 years I have been involved in term limits on guaranteed lending, and So it is a good week for North Dako- public policy in North Dakota. strengthening microloan programs tans. Today we passed the flood insur- Young farmers are coming back to that serve those beginning farmers. ance bill which will prohibit draconian the farm. Young farmers are engaging This farm bill encourages older farm- and very dramatic increases in flood at levels with technological develop- ers to help beginning farmers through insurance prices from affecting my ments and techniques that heretofore conservation. The bill reauthorizes the State. But also we are on the cusp and were not available and really weren’t Conservation Reserve Program Transi- terribly close to doing something we trusted maybe by an older generation. tion Incentive Program, which gives 2 have waited so long to do, and that is So now we have this new generation extra years of CRP to retiring farmers to pass a 5-year farm bill. of producers who are going to do one of who transition their expiring CRP I will talk in general about some of the most important things that we do lands to beginning farmers. This pro- the things this farm bill does, but I in this country, which is to feed our gram has seen great success with retir- wish to focus my attention on two people and literally to feed the world. ing farmers who want to help the next areas not a lot of people have come to They are willing to do that. They are generation get started. the floor to talk about, and those are willing to risk and make incredible in- This new farm bill helps beginning the provisions for beginning farmers vestments on the farm, whether it is farmers buy land. The bill reauthorized and ranchers and the importance of the land prices or equipment prices or the contract land sales program, which livestock provisions in the farm bill. whether it is betting the entire farm guarantees loan payments to retiring The farm bill achieves the goals that that you are not going to get hailed farmers who sell their cropland to be- put our agricultural system in a strong out. This farm bill is critical, first and ginning farmers. It also continues the position to continue this country’s role foremost, to making sure that risk is down payment loan program which al- as a world leader in production agri- mitigated by a crop insurance program lows young farmers without much culture. This is achieved through an ef- which works for those young farmers. money to start investments and down fective farm program for growers, live- I will outline just very briefly what payments on a farm or a ranch. The stock disaster coverage for ranchers those beginning farmer and beginning borrower makes a cash down payment and livestock producers, enhanced crop rancher programs are in this farm bill. of at least 5 percent of the total cost, insurance offerings, expanded agricul- While this is changing, according to and the government provides a low-in- tural research, and increased export the Department of Agriculture’s most terest loan for 45 percent of the pay- promotion for agricultural products. recent census, the average age of ment. We have been void in our balance of American farmers is 57 years old; a This new farm bill invests in value- trade by the inclusion of agricultural quarter of American farmers are over added strategies that are especially im- products and by what we do on the the age of 65. Now, in North Dakota portant to these new farmers, value- farm that has made a difference to that that dynamic is changing, as I have added grants encouraging independent trade deficit: critical investments in just outlined. But the 2014 farm bill producers to process raw products into biofuels which help build a stronger, makes critical investments to ensure marketable goods, adding value and in- more vibrant, and more resilient en- that this next generation of farmers creasing farm income. Beginning farm- ergy policy in our State; renewal of a has an opportunity to enter the field ers will continue to be given a high pri- sugar program to prevent excess im- by overcoming the high capital con- ority in this program. ports of unfairly subsidized imported straints and low production histories It helps beginning farmers plan in and foreign sugar; and targeted con- that make those early years the most the early years. The bill continues the servation assistance to tackle unique difficult. Beginning Farmer and Rancher Indi- challenges, particularly in my State The program continues and funds the vidual Development Accounts, which and the Red River Valley and in Devil’s beginning farmer and rancher develop- are designed to help new farmers fi- Lake. But I will tell a little story. ment program which develops and of- nance their agricultural pursuits. For years I have been going to farm fers education, training, outreach, and So this is for the next generation producer meetings. During my time as mentoring programs to ensure the suc- who looks and says: Is there oppor- a State official in North Dakota, I cess of the next generation of farmers. tunity in being a farmer? Can farmers spent a lot of time at the Farm Bureau, The bill expands eligibility to include not only work there, but can they own

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S641 the land and continue our rich and farm program? Aren’t things pretty The PRESIDING OFFICER (Ms. strong tradition of family farming? good out there on the farm? I will say, HIRONO). The Senator from Alabama. I think the answer is yes. This is a over 4 million acres in North Dakota Mr. SESSIONS. Madam President, I farm program that offers them that op- alone could not be planted this last thank the Chair and thank Senator portunity that says: Yes, the United crop season because of high water. KLOBUCHAR for allowing me to go ahead States and its people are willing to in- That means the difference between a of her. I ask to be notified after 10 min- vest in your future. family farmer staying in business and utes. Finally, I wish to talk about the im- not staying in business. But impor- The PRESIDING OFFICER. Without portance of the livestock provisions. tantly, for all of America, this means objection, it is so ordered. Livestock production is hugely impor- we have a crop production system YUCCA MOUNTAIN tant to North Dakota. Are we the larg- which feeds our country. Mr. SESSIONS. Madam President, I est livestock producer in the United I tell people, let’s think about things wish to talk about recent rulings in the States of America? That would not be from the standpoint of value-added. Yucca Mountain repository litigation. true. But for my ranchers out west, What does that mean? New wealth I am ranking member of the Environ- this is a critically important program. doesn’t come when you go to the retail ment and Public Works Subcommittee This is a program which says to the store and buy a shirt or a new coat. on the Clean Air and Nuclear Safety. ranchers: We recognize that not every- That is not new wealth. We are just This is a matter I have followed close- body who is engaged in production ag- taking money which has been gen- ly. Our committee had a hearing this riculture is engaged in producing crops erated someplace else and circulating morning with the entire Nuclear Regu- or specialty crops. Those who herd cat- it in the economy. New wealth is cre- latory Commission and its new Chair- tle and work cattle and work as hard as ated particularly in extractive indus- man. These decisions are not simply any group of people I know deserve tries such as oil and gas, coal mining, political decisions, of course, they are some attention in this farm bill. and it is created in agriculture. It is legal decisions that adjudicated certain If there ever was an example of where the quintessential new wealth creator. legal disputes that have been sim- we needed to do something more for From the hard work of those producers mering for a number of years. The our beginning ranchers, the early snow in America grows an entire economy court’s judgments were founded on law, storm of 2013 is it, where people lit- that fuels the opportunity for 16 mil- not politics or nuclear policy. It adju- erally lost their entire herd. For those lion jobs. dicated certain contested legal mat- who maybe don’t have a lot of exper- In my State of North Dakota, I was ters. From my perspective, it was an tise, understand this: One cow is not recently talking to a plant worker who affirmation of plain law against plain interchangeable. Many of these fami- works at the KSHI plant who explained defiance of law, and the court made lies over the years, through genetics to someone that his top priority for his that clear. and through selective breeding, have in workers was the passage of a farm bill. Last August the DC Circuit—in the fact built the herd—built a herd unique They said: Why would you care about case of in re: Aiken County—rendered a to their ranch—and they lost it all. the passage of a farm bill? decision that provided a clear legal vic- When they turned to us and said: He said: Don’t you get it? If the farm- tory to proponents of nuclear energy in What is there to help us? We had to ers aren’t doing well, we aren’t pro- America. More important, it was a vic- say: Nothing. ducing tractors. We are not producing tory for the rule of law and the U.S. If you get hailed out and have crop what we need to produce. taxpayer and a victory for the rightful insurance, there is help. If you have a I want everyone to understand that power of Congress to adjudicate and major disaster and can’t plant, there is this is not a farm bill just for States legislate on energy policy. The judg- help. such as North Dakota and Minnesota. ment also rendered a resounding defeat But what is there for us? We had to This is a farm bill for the entire for the policies advocated by the cur- say ‘‘nothing,’’ because we hadn’t done world—to feed the entire world. It is rent administration, the majority lead- a farm bill on a timely basis, and there also a farm bill that provides new er of the Senate, and other politicians was no help for those farmers. wealth creation that encourages the who have worked for years to thwart This farm bill is retroactive. It is growth of 16 million jobs. the law by refusing or blocking actions going to help those farmers who not I will close with one final thought. to implement the Nuclear Waste Policy only experience loss in the future but We talk about food, fiber, and fuel—the Act, which is the law of the land. who have experienced loss since Octo- three things we talk about when we More recently, in November of 2013, ber of 2011. We are on our way to ful- talk about agricultural products. But the DC Circuit issued another ruling in filling the commitment that all of us we know that in the applied research the case of the National Association of made who came to the floor in October we see in those great land-grant col- Regulatory Utility Commissioners v. and talked about that terrible storm. leges—and our State has one of the United States Department of Energy. The 2014 farm bill includes exactly best. It is called NDSU. They have the These Commissioners around the the type of pro-rancher policies I want- best football team in the history of for- United States sued the Department of ed Washington to produce. Not only ever. But let me tell you, it is also a Energy. These Commissioners rep- does the bill include important live- great extension program and great ag- resent our States. That court found stock disaster programs; the bill also ricultural research center. that the current administration—the continues the widely popular and bene- They are doing amazing work at Obama administration—has been ignor- ficial program called country of origin NDSU in polymer research. They are ing the Nuclear Waste Policy Act. labeling—or COOL—policy which for looking at biodegradable coatings and The DC Circuit ordered the Energy years has been fought for by ranching paints. We know that advanced manu- Department to stop charging U.S. rate- families in North Dakota. facturing is the next step we are going payers $750 million a year in nuclear Additionally, the farm bill allows to make in agriculture, and we are waste fees until the Federal Govern- USDA in future years to move forward going to do everything we can to make ment complies with the Nuclear Waste with livestock competition rules to sure that those products are sustain- Policy Act. provide transparent pricing for cow- able and that those products are safe to As a result, on January 3, just a few calf operators in my State and else- use for our people and for our animals. weeks ago, the Secretary of Energy where. I encourage all of my colleagues to was forced to formally submit a pro- Finally, the farm bill provides tar- support this farm program so we can posal to Congress to reduce the nuclear geted conservation and research pro- make sure we keep 16 million people waste fee to zero—to end the fee—while grams for the support of cattle, pork, working and that we have that next at the same time asking the DC Circuit and poultry industries so they can bet- generation of beginning farmers and to reconsider the ruling it has ren- ter assess the challenges facing live- beginning ranchers who are producing dered, which I don’t think it will. stock production. food for our country and food for the Taken together, these two rulings I get a lot of questions even in my world. vindicate the concerns that many of us State. Why should anyone support the I yield the floor. have raised since 2009 about the lawless

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S642 CONGRESSIONAL RECORD — SENATE January 30, 2014 actions of this administration in fail- In 1987, the Congress passed—and enthetically that Mr. Jaczko was the ing to deal with our Nation’s nuclear President Reagan signed—a law that choice of Majority Leader REID. He waste in the manner required by law. amended the Nuclear Waste Policy Act worked on Senator REID’s staff, and he I hear from people all the time who by officially designating Yucca Moun- insisted that Mr. Jaczko be made the wonder how in the world the President tain, NV, as the Nation’s geologic re- Chairman of the Commission. doesn’t comply with the law. He pository for spent nuclear fuel. Here is how the Board of County amends the health care act and does In July of 2002, Congress overrode Ne- Commissioners of Nye County, Ne- other things that most Americans are vada’s objections. Their representa- vada—where Yucca Mountain is lo- just taken aback by. They can’t imag- tives didn’t like it, although I would cated and which strongly supports ine how he is not bound by law like ev- note the area of Nevada where this fa- completion of the repository—ex- eryone else, and, of course, he is. In- cility is to be in place strongly sup- plained it. They wrote in a recent let- deed, he takes an oath to ensure that ports it and they opposed Nevada lead- ter that the Yucca repository has been the laws of the United States are faith- ers who opposed building it. ‘‘hijacked by the politics of a single fully carried out. Congress overrode the objections and powerful senator and what some view I am currently serving as the Rank- passed a joint resolution that said: as complicity by the NRC Chairman ing member of the Senate Sub- Resolved by the Senate and House of Rep- [Mr. Jaczko].’’ committee on Clean Air and Nuclear resentatives of the United States of America Beginning in 2009, now former Chair- Safety, which has oversight jurisdic- in Congress assembled, that there hereby is man Jaczko was able to effectively tion with respect to the Nuclear Regu- approved the site at Yucca Mountain, Ne- block any further progress on Yucca latory Commission, and I have been vada, for a repository. . . . Mountain; that is, until the DC Circuit looking closely at this matter. The Ad- An extensive scientific evaluation finally ruled in August of last year ministration’s lawless actions regard- process ensued, culminating in the En- that those actions were in clear viola- ing nuclear energy, supported by the ergy Department determination, in an tion of the law, which was an impor- Senate Majority Leader, are deeply dis- Environmental Impact Statement, that tant victory for the rule of law and for turbing and contrary to a sound na- Yucca Mountain is an appropriate site the power of Congress. tional energy policy. No one Senator, for the safe, long-term geological stor- In its ruling, the DC Circuit deter- no matter how prominent, can overrule age of nuclear waste. Yucca Mountain mined that ‘‘the [NRC] has continued established law. is perhaps, according to a 2006 report to violate the law governing the Yucca The background: Over 30 years ago by the Senate Committee on Environ- Mountain licensing process.’’ Congress passed the Nuclear Waste Pol- ment and Public Works, ‘‘the most The court then highlighted that the icy Act to require the Federal Govern- studied real estate on the planet.’’ NRC had gone well beyond missing the ment to accept nuclear waste from In 2008, the U.S. Energy Department statutory deadline for completing its commercial nuclear reactors around submitted to the Nuclear Regulatory review of the licensing application. the country with the objective of safely Commission an 8,600-page application Recognizing that ‘‘Congress has not al- storing it in a single, permanent, geo- for authorization to construct the re- tered the legal landscape’’; that is, logic repository that is safe and secure. pository. It discussed every possible Congress has not amended the Nuclear A recent report entitled ‘‘Yucca complaint and concern that could be Mountain: A Post-Mortem’’ in The New Waste Policy Act; the court explained raised, analyzing all the issues. that the Nuclear Regulatory Commis- Atlantis provides some important sta- Section 114 of the act states that tistics. It is estimated that, today, the sion is ‘‘simply flouting the law.’’ once the application is received by the The court also observed that, under U.S. has accumulated over 65,000 met- Nuclear Regulatory Commission, it Article II of the Constitution, ‘‘the ric tons of spent nuclear fuel, which is ‘‘shall issue a final decision approving enough waste to ‘‘cover one football President must follow statutory man- or disapproving the issuance of a con- dates so long as there is appropriated field to a depth of approximately 20 struction authorization not later than feet.’’ That number is expected to more money available and the President has the expiration of 3 years after the date no constitutional objection to the stat- than double by 2055. This nuclear waste of the submission of such application. is currently stored at 75 sites spread ute . . . ’’ The court stated that ‘‘the . . . ’’ That was in 2008, and they have President may not decline to follow a across 33 states. The 8 states with the not rendered a decision since. most spent nuclear fuel are Illinois, statutory mandate or prohibition be- This means the NRC is under a clear cause of policy objections . . . ’’ That Pennsylvania, North Carolina, New legal duty—as set out in statute, York, Alabama, California, Florida and is, ‘‘absent a lack of funds or a claim of passed by Congress, signed by the unconstitutionality that has not been South Carolina. President—to promptly complete the This report also recognizes that rejected by final Court order, the Exec- licensing process for Yucca. utive [and its agencies] must abide by ‘‘there is broad consensus among sci- Regrettably, in 2009, the Obama ad- entists from around the world’’ that statutory mandates and prohibitions.’’ ministration and its allies orchestrated The court further explained: ‘‘It is no geologic disposal is ‘‘the best available a complex scheme to ignore the law, to option for permanent disposal of spent overstatement to say that our con- control the Nuclear Regulatory Com- stitutional system of separation of nuclear fuel and high-level radioactive mission, and shut down the Yucca waste . . . ’’ This is not a surprising powers would be significantly altered if mountain process. we were to allow executive and inde- conclusion, as Congress determined How was this done? Here is how the decades ago that it is in the national pendent agencies to disregard federal Federal circuit court judge—Judge law in the manner asserted in this case interest to safely and securely dispose Raymond Randolph—described the ad- of nuclear waste deep underground far by the NRC.’’ On this basis, the court ministration’s scheme. This is dra- granted the request of the plaintiffs in from populated areas. It is difficult to matic and crystal clear language. It imagine a better location for such a re- the case for a ‘‘writ of mandamus blows the whistle on one of the most against the NRC.’’ This is a writ that is pository than Yucca Mountain, NV, the significant obstructions of law that I remote site that has been selected by rarely issued that orders a govern- have seen during my time in Wash- mental body to comply with the law. It Congress. ington. Congress also created the Nuclear held that the NRC ‘‘must promptly This is what the judge ruled: Waste Fund to collect the fees that continue with the legally mandated li- were extracted from the nuclear power Former (NRC) Chairman Gregory Jaczko censing process.’’ This was an impor- orchestrated a systematic campaign of non- electric-generating companies. Money compliance. Jaczko unilaterally ordered tant victory for the American constitu- is taken from them, which they take commission staff to terminate the [Yucca] tional order. from the ratepayers, and that money review process in October 2010; instructed Completing Yucca has big implica- was to be used to cover the cost of this staff to remove key findings from reports tions for the Federal budget. As the program. So far the Federal Govern- evaluating the Yucca Mountain site; and ig- ranking member of the Budget Com- ment has collected $25 billion for this nored the will of his fellow commissioners. mittee, I believe we need to watch fund at a rate of about $750 million a That is a dramatic indictment of Mr. every dime we raise and spend. We have year. Jaczko’s leadership. I would note par- already spent, amazingly, $15 billion—

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S643 according to the Government Account- uncertainty that could be a barrier to the ex- from Congress or other parts of the ex- ability Office—evaluating Yucca and pansion of nuclear power. ecutive branch to interfere with the other sites and doing work at the site. So, this issue is critical to the future NRC’s independent decision-making We have already paid $2 billion as of of nuclear power in America. We need processes.’’ She committed to ‘‘zeal- January 2012 for claims resulting from to get this waste repository issue set- ously guard the independence of the the Government’s failure to deal with tled, and I believe the NRC should ex- NRC and oppose any efforts to under- the waste issue; in other words, people peditiously proceed with the Yucca li- mine it.’’ have sued and made claims against the cense proceeding in an independent During her confirmation, she also government for not fulfilling its obli- manner worthy of the important task correctly recognized that the ‘‘respon- gation to build this site, and we have they have been assigned. I am hopeful sibility for establishing a nuclear already paid out $2 billion. It is a that if we do so, we may have turned a waste policy resides with Congress,’’ shame people can’t be held individually final corner. and she acknowledged that the ‘‘NRC responsible for obstructing the law and I received a letter dated October 23rd currently has approximately $11.1 mil- causing the Federal taxpayers to pay from the current NRC Chairman, Dr. lion in unobligated carryover funds out $2 billion. Allison Macfarlane, providing a copy of (and $2.5 million in obligated, unex- According to the Congressional Re- the NRC’s first monthly status report pended carryover funds) appropriated search Service, the Federal Govern- concerning compliance with the DC from the Nuclear Waste Fund’’ and ment’s total liability for breach of con- Circuit ruling and explaining that the that these funds ‘‘could be used for a tract claims from the failure to resolve NRC ‘‘will deliberate and determine variety of activities related to the the waste issue could reach $50 billion. the various activities that might com- Yucca Mountain project, including the The government agreed and set up a pose the agency’s response to the completion of the technical licensing method to receive this waste. The elec- court’s decision.’’ A day later, on Octo- review.’’ tric utility companies that generate ber 24th, I was joined by Senate EPW We will be watching this process nuclear power are now being forced— ranking member DAVID VITTER and all closely. I know that the leadership in for decades—to keep the waste onsite Republican subcommittee members in the House of Representatives will be at great expense, even though they sending a letter to Dr. Macfarlane, urg- watching as well. In a letter dated Au- paid billions of dollars into the fund to ing the NRC to ‘‘comply expeditiously’’ gust 23, 2013, the House Energy & Com- make sure it is taken care of at a sin- with the DC Circuit’s decision and ex- merce Committee Chairman, FRED gle site. plaining that ‘‘the next step in this le- UPTON, and Environment & Energy With this important court victory, gally mandated licensing process is for Subcommittee Chairman, JOHN SHIM- we may hope and expect that the Na- the NRC to complete the [Safety Eval- KUS, wrote to the NRC, stating: tion’s nuclear waste program can be uation Reports]’’ for the Yucca site. [I]t is our expectation that the NRC’s first put back on track, and it is hurting On November 18, 2013, the NRC ap- action to implement the Court’s decision right now. The costs are real, and they proved an order directing the NRC staff will be to diligently resume its review of the fall on virtually all Americans. to implement the DC Circuit ruling by license application, complete the [Safety Re- On October 28, the DC Circuit denied completing the Safety Evaluation Re- port], and issue it publicly. Our country has the NRC’s petition for rehearing en ports for Yucca Mountain. This is an invested 30 years and $15 billion in deter- banc. So the writ of mandamus stands. important and crucial step in the proc- mining whether Yucca Mountain would be a ess. I have, since, received other NRC safe repository. The NRC is this nation’s nu- And, on November 19, 2013, the DC Cir- clear safety regulator and its reputation for cuit rendered another important deci- reports dated December 18, 2013, and independence and objectivity rests on its sion in this arena. The court found the January 24, 2014, describing activities transparency in this matter. As such, NRC’s Energy Department in non-compliance related to Yucca Mountain. The NRC objective, scientific findings regarding the with the Nuclear Waste Policy Act and has asked the Energy Department to safety of Yucca Mountain would provide the ordered the Secretary of Energy to prepare the supplemental environ- public an independent, authoritative assess- ‘‘submit to Congress a proposal to mental documents that are needed to ment of this important project. change the [nuclear waste] fee to zero move forward with the licensing proc- I agree with Chairman UPTON and until such a time as either the sec- ess. It is my expectation that the Sec- Subcommittee Chairman SHIMKUS. In retary chooses to comply with the [Nu- retary of Energy will act promptly to particular, the NRC should know that clear Waste Policy Act] as it is cur- provide the necessary information and Congress will watch closely to make rently written, or until Congress en- support and to avoid the kinds of polit- sure that costs associated with com- acts an alternative waste management ical schemes and unlawful acts that pleting the safety report for Yucca fee.’’ have previously derailed the Yucca Mountain are appropriate and in line In response, on January 3, 2014, the process. with earlier estimates. Energy Secretary submitted a proposal According to the NRC, the Energy Importantly, the NRC should already to Congress to zero-out the nuclear Department has more than $15 million have all documentation necessary for waste fee. Pursuant to the Nuclear in funds that could be used to support this process ready and available. In De- Waste Policy Act, 42 U.S.C. Section Yucca-related efforts, and an addi- cember 2011, I joined Senator MARK 10222(a)(4), this proposal ‘‘shall be ef- tional $18 million that could poten- KIRK and eight other Senate colleagues fective after a period of 90 days of con- tially become available for these pur- in a letter to the NRC and Energy De- tinuous session have elapsed following poses. The most recent report from the partment about Yucca Mountain. That the receipt of such transmittal . . .’’ NRC explains that ‘‘completion of the letter—sent over 2 years ago—was out Now an important question is, how [Yucca Mountain safety report] is of a deep concern that we had that the will the NRC respond? Our nation de- scheduled to take approximately 12 Administration was purposefully jeop- rives almost 20 percent of the elec- months, ending in January 2015,’’ and ardizing the ability for future consider- tricity needed to drive the economy that available funds are sufficient to ation of the Yucca Mountain applica- through nuclear power, which is a complete this task. tion by failing to adequately preserve clean, safe, and affordable source of en- The NRC Chairman and other Com- scientific information and other ergy. The failure of this Administra- missioners must follow the law in this records. We explained that ‘‘preserving tion to deal with the issue of nuclear matter. During her confirmation proc- the historical records and all scientific waste disposal over the last 5 years has ess earlier this year, Dr. Macfarlane af- documents relating to Yucca Mountain posed a serious threat to the future vi- firmed a strong commitment to the is important to the nation’s long-term ability of nuclear power. As a recent ‘‘independence’’ and ‘‘impartiality’’ of goal of achieving a permanent solution report by the Heritage Foundation, en- the NRC and pledged to defend those to our nation’s accumulating nuclear titled ‘‘Obama Administration: No Con- principles. For instance, in her re- waste.’’ fidence in Nuclear Energy,’’ explains: sponses to my questions during her In that letter, we also explained: President Obama’s decision to abandon confirmation process, she unequivo- Yucca Mountain is one of the most exten- plans for removing the waste to the Yucca cally agreed with me that the NRC sive research and development investments Mountain repository in Nevada creates an ‘‘should not allow political meddling this country has ever undertaken. More than

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S644 CONGRESSIONAL RECORD — SENATE January 30, 2014 $14 billion of taxpayer money and nearly 25 and November of last year, which so spect of the legal and law enforcement years of scientific research, data collection, clearly stated the Administration’s du- communities. Throughout his career, geological characterization and evidence was ties under law, Congress must not ac- he has proven to be a tireless advocate collected to study the Yucca Mountain facil- ity. cept any further delay in the Yucca for the people of Minnesota. Mountain license process. As an assistant U.S. attorney, he suc- In March 2012, former NRC Chairman I thank the Chair, and I yield the cessfully prosecuted organized crime, Gregory Jaczko responded to our let- floor. drug and white-collar cases. This in- ter, stating: ‘‘The NRC documents re- The PRESIDING OFFICER. The Sen- cluded the prosecution of a $150 million lating to the Yucca Mountain Program ator from Minnesota. national real estate and investment . . . will continue to be retained as per- LUGER NOMINATION fraud case, leading to the longest manent records . . .’’ white-collar sentence in the United I will note that the members of the Ms. KLOBUCHAR. Madam President, States at that time. In 2009, he was ap- board are good people, and I think the I thank my colleague from Alabama for new chairman, Dr. Macfarlane, is going making his remarks a bit briefer, and I pointed by the Minnesota Commis- to try to do a much better job. But it thank him as well for accompanying sioner of Public Safety to lead an in- was unbelievable how the former Chair- me to the State of the Union Address 2 vestigation into the Metro Gang Strike man was able to obstruct Federal law. nights ago. Force and uncovered a series of prob- The NRC should be able to proceed I rise today to urge a vote in the U.S. lems with the unit. He recommended promptly with completing the licens- Senate to confirm the nominee to be that the unit be disbanded and replaced ing process. But if they fail to do so, Minnesota’s next U.S. attorney. I see by other law enforcement efforts and it the NRC Chairman, or the entire Com- my colleague and friend from Iowa was, in fact, abolished. mission, could be held in contempt of here, Senator GRASSLEY, who has been In fact, a Star Tribune editorial said court and appropriate sanctions could working hard on his good nominee as that Andy’s review of the strike force be issued by the court, and should be, if well for Iowa, and we have been work- made ‘‘smart recommendations about they fail, and that was discussed this ing on this together. The Twin Cities’ next generation gang- morning at the hearing. The Commis- When we look at the extraordinary fighting strategy’’ and that his report sion says they are going to move for- circumstances under which the U.S. included ‘‘welcome measures to begin ward. They say they don’t have as Attorney’s Office for the District of the long process of rebuilding the much money as they would like to Minnesota has been operating, it will public’s trust.’’ have. They haven’t asked for more be clear why a vote on this nomination Andy is well respected in the law en- money. They have a duty to fix this and getting this done is so important. forcement community. I can tell my 1 problem and deal with it, and if they For 2 ⁄2 years—883 days—Minnesota colleagues that after we made the rec- need more money, they should ask has not had a full-time U.S. attorney. ommendation to the President, I got Congress for it. During those years, from August 2011 nothing but positive words from police After all of these years and the to August 2013, Todd Jones was respon- chiefs and others who are excited about money spent, a contempt citation sible for doing two jobs as the Min- him in this job. He is committed to would be a colossal failure and a tre- nesota U.S. attorney and as the Acting building and maintaining strong work- mendous embarrassment, and it would Director of the Bureau of Alcohol, To- ing relationships and partnerships be- be the result of a willful failure to fol- bacco, Firearms and Explosives. I tween Federal and local law enforce- low the clear responsibility of law. would note, as Senator GRASSLEY has ment. In conclusion, I believe the DC Cir- pointed out, it has been a difficult time In addition to his many years as a cuit’s recent rulings concerning the in the office. While they continue to do Federal prosecutor, Andy has had a dis- Nuclear Waste Policy Act have made good work, in part because the U.S. at- tinguished career in private practice. an important contribution to the Rule torney’s office in Minnesota has great He is currently a partner at the Greene of Law in the United States and to the prosecutors, they did not have a full- Espel law firm where he is well re- future of nuclear power. In Congress, time manager during this time, pend- garded as a highly skilled trial lawyer there is strong bipartisan support for ing the approval of the ATF job and focused on business litigation, rep- completing the Yucca license review during the appointment time. resenting businesses and white-collar process. In 2012, the House voted over- Over the summer, the Senate, as the defense. He has been selected as one of whelmingly, 326–81, in favor of appro- Presiding Officer knows, confirmed Minnesota’s Top 100 ‘‘Super Lawyers’’ priating the funds necessary for the Todd Jones as the Director of the for the past 10 years and as one of the NRC to continue the Yucca licensing ATF—the first permanent Director in 7 ‘‘Best Lawyers in America’’ for the process. Then, in July of 2013, the years—leaving the Minnesota U.S. at- past 4 years. He clearly has the experi- House soundly defeated an amendment torney’s position open. Senator ence, character, and drive to lead such offered by a member from Nevada that FRANKEN and I, in consultation with a premier law enforcement agency as would cut funding for the Yucca licens- getting a recommendation from a bi- the Minnesota U.S. attorney’s office. ing process. That amendment failed by partisan U.S. Attorney Advisory Com- The Minnesota U.S. attorney’s office a vote of 335–81. mittee, which included the former Re- represents the United States with pro- Last July, Representatives FRED publican-appointed U.S. attorney under fessionalism, high ethical standards, UPTON (R–MI) and JOHN DINGELL (D– both the first George Bush and the sec- and an unwavering commitment to the MI), chairman and chairman emeritus, ond George Bush, who served on our ad- safety of our community. These pros- respectively, of the House Energy and visory board, we recommended Andy ecutors work to protect public safety Commerce Committee, authored an Luger, a respected litigator and former by focusing on the offenders who do the editorial entitled ‘‘Decision on Yucca assistant U.S. attorney, to fill the posi- most harm to the community—terror- Mountain Overdue.’’ They wrote: tion. We recommended him 191 days ists, the ‘‘worst of the worst’’ violent Congress passed the Nuclear Waste Policy ago. criminals, drug traffickers, and major Act of 1982 to establish a deliberate, collabo- It has now been about 6 months—183 financial fraudsters. They also work rative and mandatory process to site, li- days—since Director Jones left and we closely with local law enforcement to cense, build and operate a national perma- still do not have a permanent, full- ensure local and Federal resources are nent nuclear waste repository. The act time U.S. attorney. Minnesota needs a used efficiently and effectively. obliges the federal government to safely dis- full-time U.S. attorney. It is a major I personally know this after having pose of high-level nuclear defense waste and served as the chief prosecutor for Min- commercial spent fuel from power plants. jurisdiction. Andy Luger has the expe- Electricity consumers and taxpayers have rience and know-how necessary to do nesota’s largest county, Hennepin paid approximately $15 billion to determine this job well. County, for 8 years, and I worked daily if the Yucca Mountain site in Nevada would From his days fighting white-collar with our U.S. attorney. We would dis- be a safe repository. The [NRC] owes them crime as an assistant U.S. attorney to cuss which office would handle cases. an answer. his work with Minnesota law enforce- During the Moussaoui investigation, as I couldn’t agree more. With the ben- ment to help improve their gang-fight- people recall, we got in Minnesota the efit of the DC Circuit rulings in August ing strategy, Andy has earned the re- hijacker who survived, the guy who

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S645 threatened to learn how to down a 883 days without a full-time U.S. attor- legislator, I believe it is wrong to ex- plane and was caught and imprisoned, ney. This is our moment. We need to pect or even to allow the government and that came out of Minnesota imme- move ahead on this nomination. to give unlimited support to my farm diately after 9/11. The office was very Again, I appreciate Senator GRASS- or any farm, especially since our coun- focused on the terrorism investigation LEY’s help in moving these nomina- try has a record $17 trillion national and my office stepped in and took some tions forward. We have two U.S. attor- debt. major white-collar cases to help out. neys, two Federal marshals. I can say During the first full Senate farm de- We have a tradition of working to- that Andy is a dedicated public servant bate in the summer of 2012—so the last gether throughout the years, and that whose breadth of experience, strength Congress—my payment limit reforms is why this office is so important to of character, and commitment to jus- were adopted by a vote of 75 to 24 here me. tice make him a well-qualified can- on the floor of this very body. During Example: The office won a conviction didate to serve as Minnesota’s next the first round of floor debate in the in a $3.65 billion Ponzi scheme, the sec- U.S. attorney. House in this Congress, Mr. FORTEN- ond biggest Ponzi scheme in U.S. his- I don’t think there are any objections BERRY from Nebraska offered the same tory. It has an ongoing terrorism in- to his nomination, but I urge my col- reforms and they were adopted there in vestigation that has led to charges leagues to support his confirmation the House by a vote of 230 to 194. Con- against 18 people for aiding the ter- and give this office the leader it de- gress has spoken, then, and overwhelm- rorist organization Shabaad, 8 of whom serves, as well as the district of Iowa. ingly agrees in both bodies with my have been convicted, some receiving Thank you very much, Madam Presi- commonsense approach of limitations sentences of up to 20 years in prison. If dent. I yield the floor. on the amount that one farming oper- one can imagine this, they are con- The PRESIDING OFFICER. The Sen- ation can get. ducting major terrorism investigations ator from Iowa. Wouldn’t anyone think that policy, and prosecutions, and we need a full- THE FARM BILL which is widely supported in both bod- time U.S. attorney to make decisions Mr. GRASSLEY. Madam President, I ies of Congress and which saves tax- and to be in charge. had a chance to listen to the Senator payers nearly $400 million, would be Other major accomplishments in- from Minnesota, and I come to speak untouchable when it comes to a con- clude Operation Highlife, which was a on another subject, but I wish to assure ference committee? The rules of this major drug trafficking investigation her that we will get these two nomi- institution, the Senate, outline that. involving more than 100 local, State, nees and others across the finish line Senate rule XXVIII, if anyone would and Federal law enforcement officers so the U.S. attorney for Minnesota can like to look it up. However, once again, and resulted in 26 indictments, 25 go to work, hopefully before we get behind closed doors, Washington de- guilty pleas, and sentences up to 200 many more days added to the 800 she cided to intentionally screw up com- months in prison. has already talked about. mon sense. Operation Brother’s Keeper was a The farm bill process has been very This conference bill increases the successful investigation and prosecu- long, very hard, and no doubt frus- payments available through the coun- tion of a RICO case involving a re- trating for all who have been involved. tercyclical program—now called price gional 200-member gang, which took 22 Some of us on the Senate agriculture loss coverage or PLC for short—by 150 dangerous criminals off the street. committee have participated in two percent compared to what this Con- Operation Malverde received national committee markups and two floor de- gress had already agreed upon. I have attention with the prosecution of 27 de- bates for this bill, and that is over a yet to hear anyone tell me a single le- fendants associated with a Mexican period of two Congresses. I voted for gitimate reason why that change could drug cartel, including the apprehension and supported the bill at every one of be made. of the cartel regional leader, and sen- those junctures. Additionally, the powers that be in tences as high as 20 years in prison. The office also recently played a key I believe our country needs a good this town have proven they learned role in shutting down a major syn- farm policy, which means, of course, an nothing from the World Trade Organi- thetic drug seller in Duluth. This head adequate and yet limited safety net for zation Brazil cotton case. That dispute shop was a huge problem. The perpe- farmers, because so much about farm- has resulted in the United States pay- trator has been convicted and is await- ing is beyond the control of the farm- ing a $143 million fine per year to Bra- ing sentencing. They literally found ers, and I am not talking just about zilian cotton farmers because our farm over $700,000 in his bathroom hidden in natural disasters. Without a doubt, our program for cotton does not meet the small plastic bags. They went after farmers then face real, uncontrollable rules of international trade. This farm this head shop. They prosecuted that risks every year. The farm bill provides bill doubles down on the same market guy. They won that case. They deserve farmers, then, with a number of pro- distorting principles that brought us a leader. grams to mitigate risks. that very same trade dispute. Andy Luger is the right person for Agriculture remains a changing in- The original payment limit reforms this job. The Judiciary Committee dustry. Unbelievable technological ad- that this Congress approved also elimi- agreed and reported out his nomination vancements are taking place right be- nated abuses through what is com- without objection on January 9. I ap- fore our eyes. Farmers can now control monly know as the ‘‘actively engaged preciate the service of the Presiding irrigation equipment and monitor loophole.’’ To sum up this loophole, it Officer as well as Senator GRASSLEY, grain bins on the phone from the other makes it very easy for nonfarmers to who is here, on our Judiciary Com- side of the world. Agricultural tech- get farm subsidies—probably those who mittee, and I appreciate the support for nology is progressing so quickly. Five go to the extent to hire a lawyer. This his nomination. years from now, when we debate the results in the largest 10 percent of the I also supported the nomination of next farm bill, autonomous tractors farms then, as I said before, getting 70 the U.S. attorney from Iowa, and we may well be doing a considerable percent of the farm program’s benefits, know how important that job is as amount of the field work in America. as I have already mentioned. well. Farm policy has also changed over Yet the conference committee, in an- This position of U.S. attorney was re- time. Unfortunately, the majority of other brazen act of manipulation, garded by the Founders as so vital that farm program benefits have started eliminates my simple enforceable re- they created it during the very first going to a concentrated number of form. I happen to think that one non- Congress; a position so crucial that it farmers. The fact is 10 percent of the farming manager per entity is more was born in the same law as the struc- farmers—and those obviously would be than generous and over the years it has ture of the U.S. court; a position so the wealthy farmers—get 70 percent of been much violated. So we just simply necessary that President Zachary Tay- the benefits from a farm bill. One rea- say it ought to be one nonfarm man- lor filled it within 2 days of Minnesota son for this is that the current farm ager per farm and no more. But it has becoming a State. policy offers farmers essentially unlim- been a lot worse, and my language—the In our case, for a variety of reasons— ited subsidies if they hire the right language accepted by this body—re- a variety of reasons—we have now gone lawyers. As a farmer, a citizen, and a formed that. But as I have indicated a

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S646 CONGRESSIONAL RECORD — SENATE January 30, 2014 couple times, the conference com- in the State of Illinois is being fined So we played by the rules. A major- mittee took it out. $5.3 million because they were exploit- ity of both bodies support these re- The language in the bill now says— ing taxpayers for farm subsidies. In forms. Yet, in the end, just a small instead of the way it passed the Senate this case, the government determined group of people, with a single-minded and passed the House on the floor of their business structure was inten- intent to keep unlimited farm sub- the House—USDA will have the oppor- tionally designed to evade those pay- sidies flowing out the door, proved that tunity to review and fix the actively ment limitations that are even in ex- Congress deserves its 12-percent ap- engaged loophole but only if they isting law with the exact fake entity proval rating. should choose so; in other words, the structures my provisions would have I want to be clear. I strongly support Secretary of Agriculture does not have nearly eliminated. the business of agriculture. I have been to. I wish to quote U.S. attorney Jim involved in farming my whole life. My I happen to know that Secretary Lewis, who handled that case: son Robin operates our family farm. I Vilsack is sympathetic to what I have We are pleased with this favorable resolu- understand the industry. Growing been trying to accomplish, so maybe he tion of the government’s claims of misuse of wholesome foods to feed the world has will be able to make something good farm subsidy programs. These programs are always been one of the noblest occupa- out of what I think is a very bad provi- designed to help farmers withstand market tions, in my opinion. sion in this bill that might actually price volatility and the intrinsic risks asso- But if I were to vote yes on the bill, make it very difficult for him to do ciated with farming from year to year. Any it would be an endorsement of the egre- that. attempt to exploit the system to take more than one’s fair share is an improper use of gious manipulation of my payment Under this provision, USDA could limitation reforms behind closed doors. have fixed this problem—or even under government funds that erodes the public con- fidence in such programs and threatens their I cannot in good conscience do that. existing law, I should say—USDA could continued viability. Therefore, I will oppose the Agricul- have fixed this problem at any point, End of comment of U.S. Attorney tural Act of 2014. since it is the result of their rule- Jim Lewis, who won that case against Just to kind of clarify, do you under- making. So giving, as the compromise these farmers, and they will be fined stand. I hope everybody understands does, the USDA power they already that $5.3 million. we had the moral authority of a major- have and claiming reform happens to I wish that U.S. attorney could have ity of the Senate, the moral authority be a true—and true too often—example been part of the farm bill conference of a majority of the House of Rep- of a Washington hat trick. committee. His logic and expertise resentatives, the moral authority of a The conferees did not stop at just majority of the people of this coun- kicking the decision over to the De- would have helped. If a farm’s business model depends on try—who I believe would say it is a partment, they also tied the USDA’s lawyers setting up complicated Mickey good thing to save $387 million—and hands with unnecessary requirements yet that moral authority was avoided that must be met before action can Mouse legal structures just to get more by conferees who thought: To heck even be taken. That is why I say it is government subsidies, perhaps the with the majority of the Senate or a going to be difficult for Secretary owners of that entity are in the wrong voting majority of the House of Rep- Vilsack. I hope he can find ways to ac- business. So my provisions would have limited resentatives of 230 to 194. It does not complish what I want to accomplish. mean anything. We can do whatever we As I said, I think that is where his subsidies going to a few thousand peo- want to do. We can waste that $387 mil- heart is. ple who are very well off and, quite So I hope Secretary Vilsack, and I frankly, do not need unlimited farm lion. We can continue to give farm pay- can even say the Obama administra- payments from the government—and ments to people who are not farming. tion, finally uses this authority to probably are not even involved with We can continue to let 10 percent of the produce a strong, enforceable rule re- dirt under their fingernails—especially biggest farmers get 70 percent of the garding the number of people who can since, by definition, they would be peo- benefits of the farm program, which, in be eligible for farm subsidies from tax- ple then who do not actually work on the end, then helps subsidize big farm- payers; in other words, people who are farms. ers getting bigger. There is nothing actually farming. I am certainly going If we cannot cut subsidies that go to wrong with big farmers getting bigger, to offer them my thoughts on this nonfarming millionaires, how will we but you should not subsidize it. It issue. ever find the courage then to fix other drives up the price of farmland, it Maybe I should explain why I said great entitlement problems we have in drives up the price of cash rent, so our even the Obama administration, be- this country? young farmers cannot get started farm- yond Secretary Vilsack. Because in With all that said, there are a few ing. If you want to preserve the family this President’s budget more than once things this bill does that are good. farm, that is one of the things that is and in the Bush budget more than The dairy provisions have ended up very important. once, Presidents—including this Presi- more market oriented than where we So I have said my part. I hope I am dent—have suggested these reforms to started, which I believe is very good. I around 5 years from now so I can try save money. This year I said about $400 am glad the Crop Insurance Program this once again because I do not intend million. Actually, according to CBO, it will remain strong for farmers across to give up on this process. Five years is $387 million. the country, and the nutrition program from now is the next farm bill prob- The Government Accountability Of- reforms are welcomed. ably. Maybe there will be opportunities fice released a report in October of 2013 In the end, I have to make a judg- between now and then. I intend to take that clearly outlines the problems with ment of the bill as a whole. Every advantage of those opportunities. the actively engaged loophole. One Member of this Senate has to. I believe I yield the floor. farming partnership they highlighted this bill, sadly, is a missed oppor- The PRESIDING OFFICER. The Sen- was composed of 22 LLCs, with 20 dif- tunity. The Congressional Budget Of- ator from Arkansas. ferent owners and 16 managers who got fice says the final savings in this bill Mr. BOOZMAN. Madam President, I their eligibility through the actively are only $16.6 billion. That is a pretty ask unanimous consent that I be able engaged loophole. small amount compared to the fact to speak as in morning business. So you understand why the bill that that it will spend nearly $1 trillion. The PRESIDING OFFICER. Without passed the Senate and the House said I think my colleagues know I am a objection, it is so ordered. one manager. At least four of the man- person who plays by the rules. So I MILITARY RETIREE CUTS agers I have referred to from that oper- played by the rules with these reforms Mr. BOOZMAN. Madam President, I ation even live out of the State, while that were adopted 2 years ago 75 to 24— am here today as a voice for our vet- several others live in cities around the not debated or voted on this year be- erans and career military servicemem- State well outside of commuting dis- cause they were part of the bill that bers. tance. passed the Senate and then went to the Since I came to Congress in 2001, I Additionally, just yesterday, it was House of Representatives and were have served on the Veterans’ Affairs reported that a large farming operation voted on there 230 to 194. Committee, both in the House and the

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S647 Senate, and have continuously fought to be reduced by 1% cost of living as part of industry in Vermont is that of craft to uphold the promises we have made the budget deal. I feel that I have lived up to beer. In fact, the State is becoming al- with the men and women who served and beyond my part in serving my country. most as well known for its craft beers on behalf of our Nation. I am contin- I have not even received my first retirement as it is for its maple syrup. check and yet already my government is One such successful small brewery, ually looking for opportunities to im- short changing my and all veterans who have prove the lives of our veterans who served and fulfilled their end of the deal, de- the Hill Farmstead Brewery, was fea- have served honorably and have sac- fending this great nation. I ask you to do tured in the January 18, 2014, edition of rificed, sometimes with their lives, in what you can to not allow this to happen to the New York Times. After a planned support of our country. a small portion of society that gave more to expansion next year, the brewery’s They deserve every benefit they their country than most. owner, Shaun Hill, plans to cap produc- earned and what we have promised Terry, we are working to make sure tion at 150,000 gallons per year. His suc- them, but they have suffered a grave you get the full retirement you earned. cessful business model, and highly injustice in this body. Late last year We are seeking ways to undo this cut sought after brew, as the article states, the Senate, without my support, and fully restore military pay. ‘‘offers lessons in how limiting produc- agreed to a budget that cut retirement In January Congress took the first tion can bring success.’’ benefits of our veterans, reducing the step toward restoring veterans’ COLAs Vermont’s small-State appeal at- cost-of-living adjustment. I certainly with the passage of the Omnibus appro- tracts business owners large and small. could not support this provision. priations bill. This exempted medically The Hill Farmstead Brewery is just one Veterans and the American people retired disabled veterans and survivors example of the successes Vermont’s are rightly upset. I want to share some from the COLA reductions. But there is economy boast. I ask unanimous con- of the letters I have received from our more work to do. The good news is we sent that a copy of ‘‘Craft Beer, the veterans and other Arkansans. David are on your side. (Very) Limited Edition,’’ from the Jan- Mullins from Jonesboro wrote: Senator AYOTTE introduced the Keep- uary 18 New York Times be printed in I am a 20 year veteran of the United States ing Our Promises to Our Military He- the RECORD. Army. I retired as a Sergeant First Class and roes Act that repeals the COLA reduc- There being no objection, the article I am currently drawing military retirement. tion for all military retirees. I am cer- was ordered to appear in the RECORD, I joined the Army when I was 18 years old tainly proud to support that legisla- as follows: and I wouldn’t do anything different. Even tion. [From the New York Times, Jan. 18, 2014] though it was very hard at times, I know that was what I was supposed to be doing. Arkansans want Congress to fully re- CRAFT BEER, THE (VERY) LIMITED EDITION Less than 1% of the American population store military retiree benefits as soon (By Claire Martin) serves in the military and of those only as possible. I am committed to raising Two weeks ago, a beer drinker in Fresno, about 13% actually retire with 20 years or this priority at every possible oppor- Calif., called Hill Farmstead Brewery in more of service. So we are talking about less tunity until justice is realized for these Vermont to ask where he could buy its craft than .02 percent of the population. It is real- military families. While there has been beers. ‘‘You have to drive to the airport, get ly appalling that, after sacrificing my free- much discussion about restoring these a ticket, fly to Burlington, rent a car and drive an hour and a half to the brewery,’’ the doms to protect those of my fellow citizens, benefits in future legislation, this this is how we are treated. America is out of owner, Shaun Hill, replied with a laugh. But touch. should be done at the earliest oppor- he wasn’t joking. tunity in order to provide certainty for Hill Farmstead, in the hamlet of Greens- I agree with David. In a letter I sent our military retirees’ financial future. boro, produces just 60,000 gallons of beer an- to the Armed Services Committee lead- To our Nation’s military retirees, I nually. The beer is available for purchase ership in the House and Senate, I am committed to this fight. You have only at the brewery and in roughly 20 equated retirement compensation cuts earned these benefits. Congress must Vermont bars. In addition, Mr. Hill sends 12 to reaching into these individuals’ re- correct the wrong and restore your full kegs to distributors in New York City and tirement accounts and taking that Philadelphia a few times a year. retirement pay. As always, thank you Next year, after several buildings are ex- money from them. This is unconscion- for your service to our country. able. panded and new equipment is installed, Mr. I suggest the absence of a quorum. Hill plans to cap production at 150,000 gal- Diane from Hot Springs, AR, said in The PRESIDING OFFICER. The lons a year—forever. (For context, the Rus- a letter: clerk will call the roll. sian River Brewing Company, a craft brew- I am truly disgusted by the new deal that The assistant legislative clerk pro- ery in California, made 437,100 gallons last cuts military pensions but doesn’t touch ceeded to call the roll. year, and Dogfish Head Craft Brewery in benefits for any of the politicians. I would Delaware produced 6.3 million gallons.) have no problems if it was an across the Mr. REID. Madam President, I ask Hill Farmstead is one of at least three board cut. This is the best example of what unanimous consent that the order for Vermont craft breweries that are churning is wrong with our government. Cut benefits the quorum call be rescinded. out small batches of highly sought-after for those that make real sacrifices for their The PRESIDING OFFICER. Without beers and have owners with firm plans to country. They take lower pay and separation objection, it is so ordered. keep the operations small. Mr. Hill’s story offers lessons in how limiting production can from family. f I agree with Diane. It is not fair. Our bring success. MORNING BUSINESS Mr. Hill, 34, has been honing his brewing veterans should not be the ones bearing technique for nearly 20 years. He first the burden for irresponsible spending. Mr. REID. Madam President, I ask learned to make beer for a high school We need to cut spending and put our unanimous consent that the Senate science-fair project, then started a home- country on the path of fiscal responsi- proceed to a period of morning busi- brew club in college and later worked as the bility, but it should not come at the ness, with Senators permitted to speak head brewer at two other Vermont breweries, expense of our Nation’s military retir- therein for up to 10 minutes each. the Shed and the Trout River Brewing Com- ees. These are the only Americans who The PRESIDING OFFICER. Without pany, as well as one in Copenhagen, Norrebro objection, it is so ordered. Bryghus. are being asked to sacrifice under the Two beers created during Mr. Hill’s tenure budget agreement. It is wrong to single f at Norrebro Bryghus won gold medals in 2010 out our servicemembers for what HILL FARMSTEAD BREWERY at the World Beer Cup, an international beer amounts to $6 billion over 10 years, competition, and a third earned a silver representing a .02-percent reduction. Mr. LEAHY. Mr. President, Vermont medal. We need to right this wrong so our is home to hundreds of world-class Several months before these accolades, Mr. military retirees and their families small businesses, each of which dots Hill returned to Vermont to begin construc- our economic landscape with their tion on Hill Farmstead Brewery on a former have one less thing to worry about. dairy farm that he and his brother, Darren, Terry Williamson from Jacksonville, unique and often award-winning offer- ings. Our reputation for quality has a woodworker, inherited from their grand- AR, wrote: father. ‘‘I wanted to make beer, I wanted to I just retired from 26 years of active duty made the ‘‘Vermont brand’’ one that is live in this place and I wanted to help my serving my country in the Air Force. I must valued and sought after by consumers family and make sure I had the finances say I was shocked and disappointed to learn across the Nation—and increasingly available to take care of this land in per- that the pay of retirees are being offered up also across the globe. One burgeoning petuity,’’ Mr. Hill says.

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S648 CONGRESSIONAL RECORD — SENATE January 30, 2014 This wasn’t his first attempt at starting a fun anymore. It wouldn’t have purpose or perienced unprecedented flooding. But brewery, but it was the first time he was able meaning.’’ because the damage in Cook County to obtain financial backing. ‘‘Ten years ago f did not meet FEMA’s per capita re- or even still five years ago,’’ he says, ‘‘it was quirement, Cook County was denied in- very difficult to find private investment or FAIRNESS IN DISASTER to convince banks to loan money to a start- DECLARATIONS ACT dividual assistance. All of the neigh- boring counties were approved. Cook up.’’ Mr. DURBIN. Madam President, this In the past decade, craft beer production County was denied. has thrived, attracting investors with deep week, Senator KIRK and I introduced When questioned about these deci- pockets. In 2012, national retail sales for the Fairness in Federal Disaster Dec- sions, FEMA pointed to the factors it craft beer were $11.9 billion, according to the larations Act. It is designed to ensure considers when determining if a Fed- most recent figures from the Brewers Asso- fairness in FEMA’s consideration of eral declaration is warranted. One of ciation. whether a community will be granted these factors has to do with the popu- While Mr. Hill was in Denmark, where Federal assistance after a disaster. lation of the State. If a State has a American craft beer was starting to become This legislation is necessary because popular, he was able to borrow $80,000 from a large population—more than 10 million small group of European and American lend- the way FEMA evaluates whether to people—it is analyzed differently than ers who he felt respected his vision and abili- declare an area a Federal disaster is if it were smaller. The thinking is that ties. not working. It works against States large States have the resources nec- From the start, his philosophy has been to with large populations. essary to absorb the recovery costs. make the best beer possible without pur- From 2002 to 2012, Illinois was denied Well, I can tell you—Illinois does not suing what he calls ‘‘infinite, boundless Federal disaster assistance six times. growth.’’ He operates under the belief that have the resources to absorb the costs Texas was denied 11 times—for damage of these tornadoes and flooding. Whole beer is a perishable item, ‘‘just like lettuce caused by everything from wildfires to or broccoli,’’ he says, and should be con- towns were devastated in these disas- sumed locally, not shipped long distances. tropical storms. Florida was denied ters. Mr. Hill has a staff of six, including two as- Federal disaster assistance six times The bill Senator KIRK and I intro- sistant brewers who harvest yeast and trans- during that 10 year period, and Cali- duced assigns a value to each of the six fer beer into kegs, but he personally makes fornia, New Jersey, and New York were factors considered in the disaster dec- all of the brewery’s offerings—pale ales, each denied four times. FEMA’s for- laration analysis. When FEMA con- stouts and porters—using modern stainless mula does not work for large, populous siders individual assistance—help for steel tanks and traditional wooden barrels, States, particularly those with a con- like those used in winemaking. people to rebuild their homes and pay The beers are known for having ‘‘a sense of centrated urban area, like Illinois. for temporary housing—it will use the balance that isn’t common in a lot of new It is not enough just to talk about same, consistent factors, no matter breweries,’’ says Jeff Baker, the bar manager the numbers, though. Each one of these where the disaster strikes. of the Farmhouse Tap and Grill in Bur- disasters devastated communities. In The population of the State will con- lington, which serves the beers. ‘‘They’re each one of these disasters, people saw stitute 5 percent of the analysis. Con- hoppy, but they’re not super-bitter and they their homes and their towns destroyed. sideration of the concentration of dam- don’t exhaust your palate.’’ This past November, tornadoes swept ages will be 20 percent. The amount of For entrepreneurs who measure success in through Illinois, killing six people and more than just financial terms, it’s still cru- trauma to the disaster area will be 20 cial to have a viable business, says Bo destroying whole towns in my State. percent. The number of special popu- Burlingham, author of ‘‘Small Giants: Com- The cities of Washington, Gifford, and lations—such as elderly or unemployed panies That Choose to Be Great Instead of New Minden, IL, experienced some of people—will be 20 percent of the anal- Big.’’ ‘‘The challenge for a lot of small com- the worst tornado damage I have ever ysis. The amount of voluntary assist- panies who have nonfinancial goals is that seen. Power lines were down and public ance in the area will be 10 percent. And you can’t let that get in the way of having a infrastructure was decimated, but be- the amount of insurance coverage for very financially solid business,’’ Mr. cause Illinois did not meet one of the type of damage incurred will be 20 Burlingham says. ‘‘You’d better have a FEMA’s criteria, we were denied Fed- sound business model, steady gross margins, percent of the analysis. a healthy balance sheet and margins you eral public assistance. Our bill also adds a seventh consider- protect.’’ Governor Pat Quinn is going to ap- ation to FEMA’s metrics—the econom- For Mr. Hill, financial stability came peal that denial, and he has Senator ics of the area, which will receive 5 per- quickly. He says the brewery began turning KIRK’s and my full support for that ap- cent consideration. This includes fac- a profit after just one year. peal. tors such as the local assessable tax Demand surged last February when users Illinois also was denied Federal dis- base, the median income as it com- of the beer-review site Ratebeer.com deemed aster assistance after tornadoes de- Hill Farmstead the best brewery in the pares to that of the State, and the pov- world—after having anointed Mr. Hill as the stroyed the towns of Harrisburg and erty rate as it compares to that of the best new brewer in 2010. Ridgway in 2012. Eight people died State. It is reasonable that FEMA Now Mr. Hill says he fields questions like after tornadoes with winds up to 200 should take into consideration the size the one from the Fresno caller every day. He miles per hour splintered homes, busi- of the State, but as the regulations estimates that thousands of people have nesses, churches, and public infrastruc- stand, large States are being penalized. made long-distance beer runs to Hill ture in those two towns. Nevertheless, Assigning values to the factors will en- Farmstead Brewery, some traveling from as the State was denied public assistance. sure that the damage to the specific far as New Zealand, Norway and Japan. Customers wait in line for one to four FEMA said because Illinois has a large community weighs more than the hours to buy bottles and two-liter growlers population, we should be able to absorb State’s population. of the beers, many of which are named for those recovery costs. When similar tor- After the tornadoes hit Harrisburg Mr. Hill’s ancestors (Edward, Abner, Flor- nado damage happened in neighboring and Ridgway, the head of the Illinois ence). The brewery once sold an entire batch Joplin, MO—which has a smaller popu- Emergency Management Agency, of beer—500 gallons—in one day. lation—Federal assistance was granted. Jonathon Monken, worked with locals As his beer’s popularity has risen, he has It is not just tornado damage in Illi- and people from the FEMA regional of- sometimes worked 18-hour days. Some small- nois that has resulted in denials from fice to determine if the State could business owners who have achieved financial stability choose to delegate a significant FEMA for Federal assistance, and it is apply for public assistance—money to portion of their work to employees, but Mr. not just the State’s per capita that has help Mayor Gregg and others pay for Hill says he won’t be doing that. been used as FEMA’s justification for the overtime accrued by all the people And the notion of moving production to an the denials. Counties with a high popu- working around the clock to help the industrial park, where craft breweries are lation also have been denied. Last community dig out of the destruction. commonly found, holds no appeal for him. He April, Illinois experienced major flood- What Director Monken and the others has decided to invest in infrastructure and ing both along the Mississippi River discovered was that it would have been better equipment that will make his current operation more efficient. and resulting from flash flooding due a waste of the State’s time and re- ‘‘I didn’t start this brewery so I could keep to major storms. sources to even apply for Federal pub- growing and move it away from here; that Many communities in Cook County, lic assistance. We did not meet FEMA’s wasn’t the point,’’ he says. ‘‘It wouldn’t be including Chicago and its suburbs, ex- threshold.

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S649 Currently, FEMA multiplies the at 10 percent of the analysis. This Res. 59, for a number of deficit-neutral number of people in the State by $1.35 would include the same information as reserve funds. These reserve funds were to determine a threshold of the amount it would for individual assistance—the incorporated into the Bipartisan Budg- of damage a state would have to have local assessable tax base, the median et Act by reference to sections of S. incurred to be considered for public as- income of the area as it compares to Con. Res. 8, the Senate-passed budget sistance. In Illinois, that figure is that of the State, and the poverty rate resolution for 2014. Among these sec- about $17 million. Well, Harrisburg, as it compares to that of the State. tions is a reference to section 313 of S. Ridgway, and the surrounding commu- Illinois is a relatively large State, Con. Res. 8, which establishes a deficit- nities had about $5.5 million in public geographically, and has a concentrated neutral reserve fund for a farm bill. assistance damages, and $5.5 million is urban area. The State—particularly The authority to adjust enforceable a lot of loss, particularly in a rural downstate—is being punished for this levels in the Senate for a farm bill is area, but not enough to qualify for fact. If the cities of Washington and contingent on that legislation not in- Federal assistance under FEMA’s rules. Gifford—and Harrisburg and Ridgway— creasing the deficit over either the pe- In the same way this bill assigns val- do not qualify under FEMA’s current riod of the total of fiscal years 2013 ues to the factors FEMA considers for criteria for federal assistance, some- through 2018 or the period of the total individual assistance, it assigns values thing is wrong. of fiscal years 2013 through 2023. to the six factors the agency considers These towns were struck by category for public assistance. The per capita 4 and category 3 tornadoes, respec- I find that the conference agreement consideration will be 10 percent of the tively, and the damage is devastating. on H.R. 2642, the Agricultural Act of analysis. Localized impacts of the dis- The people of these communities are 2014, as reported on January 27, 2014, aster will make up 40 percent of the being punished for living within a pop- fulfills the conditions of the deficit- analysis. The estimated cost of the as- ulous State. Let’s fix the metrics neutral reserve fund for a farm bill. sistance needed will constitute 10 per- FEMA uses to make this analysis so Therefore, pursuant to section 114(d) of cent of the analysis. The insurance that they are fair to every state. H.J. Res. 59, I am adjusting the budg- coverage in force will be 10 percent. f etary aggregates, as well as the alloca- The number of recent multiple disas- tion to the Committee on Agriculture, BUDGETARY REVISIONS ters will be 10 percent. And an analysis Nutrition, and Forestry. of the other Federal assistance for the Mrs. MURRAY. Madam President, I ask unanimous consent that the fol- area will make up 10 percent of the section 114(d) of H.J. Res. 59, the Bipar- lowing tables detailing the revisions be evaluation. tisan Budget Act of 2013, allows the The bill also would add a seventh chairman of the Senate Budget Com- printed in the RECORD. consideration for public assistance— mittee to revise the allocations, aggre- There being no objection, the mate- the economic circumstances of the af- gates, and levels filed on January 14, rial was ordered to be printed in the fected area—which would be considered 2014, pursuant to section 111 of H.J. RECORD, as follows: BUDGETARY AGGREGATES—PURSUANT TO SECTION 111 OF THE BIPARTISAN BUDGET ACT OF 2013 AND SECTION 311 OF THE CONGRESSIONAL BUDGET ACT OF 1974

$s in millions 2014 2014–18 2014–23

Current Budgetary Aggregates: Spending:. Budget Authority ...... 2,924,837 n/a n/a Outlays ...... 2,937,094 n/a n/a Revenue ...... 2,311,026 13,699,478 31,095,742 Adjustments Made Pursuant to Section 114(d) of the Bipartisan Budget Act:* Spending:. Budget Authority ...... 3,243 n/a n/a Outlays ...... 2,124 n/a n/a Revenue ...... 5 51 104 Revised Budgetary Aggregates: Spending:. Budget Authority ...... 2,928,080 n/a n/a Outlays ...... 2,939,218 n/a n/a Revenue ...... 2,311,031 13,699,529 31,095,846 n/a = Not applicable. Appropriations for fiscal years 2015–2023 will be determined by future sessions of Congress and enforced through future Congressional budget resolutions. * Adjustments made pursuant to section 114(d) of the Bipartisan Budget Act of 2013, which incorporates by reference section 313 of S. Con. Res. 8, as passed by the Senate. Section 313 establishes a deficit-neutral reserve fund for a farm bill.

REVISIONS TO THE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS TO THE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY PURSUANT TO SECTION 111 OF THE BIPARTISAN BUDGET ACT OF 2013 AND SECTION 302 OF THE CONGRESSIONAL BUDGET ACT OF 1974

Committee on Agriculture, Nutrition, and Forestry $s in millions Current Alloca- Revised Allo- tion Adjustments* cation

Fiscal Year 2014: Budget Authority ...... 12,852 3,243 16,095 Outlays ...... 11,862 2,124 13,986 Fiscal Years 2014–2018: Budget Authority ...... 68,964 ¥3,906 65,058 Outlays ...... 66,695 ¥5,310 61,385 Fiscal Years 2014–2023: Budget Authority ...... 141,305 ¥15,034 126,271 Outlays ...... 137,659 ¥16,504 121,155 * Adjustments made pursuant to section 114(d) of the Bipartisan Budget Act of 2013, which incorporates by reference section 313 of S. Con. Res. 8, as passed by the Senate. Section 313 establishes a deficit-neutral reserve fund for a farm bill.

ANNUAL REPORT OF THE SELECT below is the information describing the (2) The number of alleged violations COMMITTEE ON ETHICS committee’s activities in 2013 in the that were dismissed— Mrs. BOXER. Madam President, the categories set forth in the act: (A) For lack of subject matter jurisdiction Honest Leadership and Open Govern- (1) The number of alleged violations or in which, even if the allegations in the ment Act of 2007, the act, calls for the of Senate rules received from any complaint are true, no violation of Senate Select Committee on Ethics of the source, including the number raised by rules would exist: 19. United States Senate to issue an an- a Senator or staff of the Committee: 26. (B) Because they failed to provide suffi- nual report not later than January 31 (In addition, two alleged violations cient facts as to any material violation of of each year providing information in from the previous year were carried the Senate rules beyond mere allegation or certain categories describing its activi- assertion: 7. ties for the preceding year. Reported into 2013.)

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S650 CONGRESSIONAL RECORD — SENATE January 30, 2014 (3) The number of alleged violations ter for Injury Prevention and Control supported by 90 percent of the Amer- for which the Committee staff con- has estimated that around 30,000 people ican people, that would enact back- ducted a preliminary inquiry: 2. (This in the United States die from gunshot ground checks on all gun sales. I urge figure includes one matter from the wounds every year, and more than my colleagues to work to ensure that previous calendar year carried into 60,000 people are injured by guns every our homes, our families, and our neigh- 2013.) year. A study also has shown that the borhoods become safer. (4) The number of alleged violations firearm homicide rate in our Nation is f for which the Committee staff con- 20 times higher than the combined rate ducted a preliminary inquiry that re- of 22 other countries comparable in ASHLAND UNIVERSITY sulted in an adjudicatory review: 0. population. Mr. PORTMAN. Madam President, I (5) The number of alleged violations We live in a country where almost rise today to congratulate Ashland for which the Committee staff con- every week a community is wracked by University for addressing the chal- ducted a preliminary inquiry and the a mass shooting, defined as an incident lenging issue of skyrocketing tuition. Committee dismissed the matter for that claims at least four lives. In 2013, After serious consideration, Ashland lack of substantial merit: 1. our Nation witnessed at least 25 such has dramatically reduced its tuition (6) The number of alleged violations shootings. These occur all over our Na- for the 2014–2015 school year by 37 per- for which the Committee staff con- tion, in places like Oklahoma City, cent. Ashland hopes this important ducted a preliminary inquiry and the where last August a man who had been step will improve access to higher edu- Committee issued private or public let- diagnosed with schizophrenia stopped cation at affordable prices while keep- ters of admonition: 0. taking his medication and shot his ing the university financially competi- (7) The number of matters resulting mother, sister, niece, and nephew; in tive. in a disciplinary sanction: 0. Ottawa, KS, where last April a man Ashland University, which is located (8) Any other information deemed by who had served prison time for at- in Ashland, OH, has a proud history of the Committee to be appropriate to de- tempted second-degree murder shot providing quality education since its scribe its activities in the previous and killed 4 people; in Washington, DC, founding in 1878. The university offers year: where a mentally deranged individual undergraduate, masters, and doctorate In 2013, the Committee staff con- killed 12 and injured 8 at Washington’s degrees and has been nationally recog- ducted 12 new Member ethics training Navy Yard. nized and ranked in the ‘‘Top 200 Na- sessions; nine Member and committee Last December, just one day before tional Universities’’ by U.S. News & office campaign briefings; 13 employee the anniversary of the tragic Newtown World Report for the last 2 years. code of conduct training sessions; eight school shooting which stole the lives of Madam President, I would like to public financial disclosure clinics, sem- 27 people, 20 of them children, another congratulate Ashland University for inars, and webinars; 28 ethics seminars school shooting occurred in Arapahoe, addressing the affordability and acces- and customized briefings for Member CO. This time, the perpetrator was an sibility of higher education. DC offices, state offices, and Senate 18-year-old high school senior who en- committees; three private sector ethics tered his high school near Denver f briefings; and eight international brief- armed with 125 rounds of ammunition, TRIBUTE TO MYRON BELKIND ings. a pump-action shotgun, a machete, and In 2013, the Committee staff handled three incendiary devices. He critically Mr. PORTMAN. Madam President, I approximately 8,073 telephone inquiries injured a classmate, who has since rise today to recognize Cleveland na- and 1,980 inquiries by email for ethics tragically passed away, before taking tive Myron Belkind, who was named advice and guidance. his own life. While this may not qualify president of the National Press Club on In 2013, the Committee wrote ap- as a mass shooting, it is no less trou- January 25, 2014. Mr. Belkind grew up proximately 755 ethics advisory letters bling. It is a testament to how disturb- in Lyndhurst, OH, where he began his and responses including, but not lim- ingly numb to gun violence our society career in journalism writing as a stu- ited to, 608 travel and gifts matters has become that the sentiment ‘‘it dent and then for the Cleveland Plain (Senate Rule 35) and 104 conflict of in- could have been worse’’ is some form of Dealer and the Cleveland Press. terest matters (Senate Rule 37). relief. During Mr. Belkind’s 42-year career In 2013, the Committee issued 3,246 Today, America is a nation where with the Associated Press, he covered letters concerning financial disclosure parents are nervous to send their chil- many world leaders and headed up As- filings by Senators, Senate staff and dren to schools, shopping malls, and sociated Press bureaus in Kuala Senate candidates and reviewed 1,760 movie theaters because they are genu- Lumpur, New Delhi, London, and reports. inely afraid that their kids might not Tokyo. He served as president of sev- f come back. We live in a nation where eral foreign press associations and as a toddlers find unsecured handguns in journalism instructor at the George REMEMBRANCE AND RESOLVE their family’s homes and accidentally Washington University in Washington, Mr. LEVIN. Madam President, every take lives. We live in a society where DC. He has received the Distinguished January brings hope that the New Year arguments and disputes turn into trag- Alumni Awards from the Ohio State will be a happy and safe one. But, edies, all with one ill-considered pull of University School of Communications sadly, 2014 has already been marred by a trigger. Is this the kind of environ- and Columbia University Graduate gun violence. ment we want to live in? Is this what School of Journalism. To cite just a few examples, on Janu- we want to leave for the next genera- As a foreign correspondent in the ary 9, a 16-year-old student at Liberty tion? 1970s, Belkind covered major inter- Technology Magnet High School shot a Mr. President, it is my hope that this national news stories and was nomi- classmate in the thigh with a pistol. year, the procession of gun tragedies nated for a Pulitzer Prize for his cov- On January 14, a 12-year-old in New will begin to end. It is my hope that we erage of the breaking news that Prime Mexico walked into his middle school’s will not be submerged this year in the Minister Gandhi’s government had de- gym and opened fire with a shotgun, horror of a mass shooting. But this clared a state of emergency on June 26, injuring two of his classmates as they hope will only be realized if Congress 1975, suspending civil liberties, arrest- waited to go to class. And on the takes action to stop the gun violence ing thousands of political opponents, evening of January 15, a man used a plaguing our country. and imposing restrictions on the na- semi-automatic handgun to murder I urge my colleagues not to accept tional and international press. two people at an Indiana grocery store. the status quo, where convicted felons, He is the first National Press Club He was about to kill another person domestic abusers, and the mentally ill president with an extensive inter- just before police officers shot and can get their hands on a deadly weapon national background in foreign cor- killed him. at any time. I urge my colleagues to respondence. In his new role, he has Sadly, our Nation’s epidemic of gun take steps toward ending this violence vowed to continue his work promoting violence continues. The National Cen- by passing commonsense legislation, worldwide freedom of the press and will

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S651 continue to strive for professional de- lished. Gigi’s Enchanted Forest was a resilience, and determination, and wish velopment and excellence in jour- way to honor the life of a mutual them another 78 years of success. nalism. friend of theirs who shared their hope f Mr. President, I would like to con- for and love of children and a dedica- ADDITIONAL STATEMENTS gratulate Myron Belkind, a fellow tion to community service. Buckeye, as he begins this new chapter Mayor Marsha H. Ogilvie personified in his distinguished career. a life of giving and caring. Her unparal- TRIBUTE TO DAVID MELINCOFF leled legacy of hard work, reaching out f ∑ Mr. SANDERS. Madam President, I to her community and recognizing REMEMBERING MARSHA OGILVIE rise today to recognize a remarkable those who help others in volunteer Vermonter, David Melincoff, who is Mr. RISCH. Madam President, I rise service is indelibly etched on the many today to pay tribute to Marsha H. carrying on the tradition of providing a hearts and minds of those she served in good meal and fostering a sense of com- Ogilvie, a loyal and steadfast mayor of Sandpoint, ID, and far beyond the city Sandpoint, ID. On January, 8, 2014, munity each Thanksgiving. limits. May God bless her husband, her As many Vermonters continue to Mayor Ogilvie lost a valiant battle family and the hundreds of Idahoans struggle to make ends meet in the with cancer and my State lost a good who will miss her passion, exuberance wake of the most severe recession to friend, a champion for women and chil- and spirit of joy. hit the United States in generations, dren and a tireless public servant. f Mr. Melincoff marked the 24th year his Mayor Ogilvie, who was born at FISHER’S TECHNOLOGY Burlington, VT restaurant has offered March Air Force Base in Southern a traditional Thanksgiving dinner at California, moved to the great State of Mr. RISCH. Madam President, a no cost. Nearly 1,000 dinners were given Idaho in 1994. In the 20 years she made small business faces a constant threat away this past Thanksgiving. Since the Idaho her home, she distinguished her- to its bottom line when the products Thanksgiving Community Dinner self in service to others. As she once they sell grow obsolete. Years of exper- started 24 years ago at Sweetwaters said, and many in Sandpoint now say, tise and business relationships can be American Bistro, Mr. Melincoff esti- she won the hearts and minds of the rendered meaningless without the abil- mates that more than 20,000 meals have people in Sandpoint. ity to adjust in an ever changing and been served free of charge. Elected mayor just 2 years ago and technologically advancing market- The dinner, a traditional Thanks- having served the two previous years place. There is no better example of ad- giving meal of turkey, stuffing, and on the city council, Mayor Ogilvie, aptation than Fisher’s Technology in mashed potatoes, offers the same expe- leaves a giant hole in those hearts and my home State of Idaho. rience a diner would have eating at the the broader community. The business Fisher’s Technology was founded in restaurant on any other night, includ- and professional experience Mayor Boise, ID in 1936, during the worst ing wait service provided by volun- Ogilvie brought was wide and varied years of the Great Depression, as a spe- teers. The fundamental difference is and earned her the respect of many. cialty typewriter sales and repair shop. that the meal is free of charge—and the Early in her career, she served in res- In 1985, Gary Mahn purchased the com- sense of community this generosity in- taurant and retail management. When pany and, since then, Fisher’s Tech- spires is undeniable. she and her husband Francis arrived in nology has expanded its inventory to It is not only those who are having Sandpoint, they opened a couple of become Idaho’s largest office supply financial difficulties who attend the small businesses—The Candy Cottage firm. This would not have been possible Thanksgiving Community Dinner. As and the All Smiles gift shop. But Mar- had Fisher’s remained narrowly fo- Mr. Melincoff noted, ‘‘Sometimes it’s sha Ogilvie was not just about busi- cused on typewriters. In a continuing an emotional need.’’ Often, people who ness. She cared deeply about the business evolution, Mr. Mahn sold the have lost a loved one attend in order to health, welfare and success of women office supply portion of the company to share in the company and fellowship of and children. another local Boise company. This al- others. The dinner provides an oppor- Soon after moving to Idaho and well lowed Fisher’s Technology to maintain tunity where people, regardless of their before entering public service, she es- and grow the remaining office equip- economic status, can sit and break tablished Kinderhaven, a nonprofit ment division. bread together. ‘‘Here, they just feel community organization which is dedi- Today, Fisher’s Technology has four equal. That’s the part that always gets cated to supporting children in crisis. locations across Idaho, offering a vari- me,’’ Mr. Melincoff said. ‘‘It’s about Founded in 1996 and under the vision ety of office hardware and software self-respect.’’ The meal itself is just one part of the and compassionate care of Marsha products along with IT services. After day-long event. A coat donation drive Ogilvie, more than 1,300 children have a 78 percent increase in sales revenue, was added as another effort to serve 4 found the all-important help they need- topping $13 million, Fisher’s was years ago. Hundreds of coats are col- ed in times of their greatest distress. named to Inc. Magazine’s 5,000 fastest- lected in advance by the Windjammer So important to the Sandpoint commu- growing companies in the Nation. Fish- Restaurant in South Burlington, and nity, Kinderhaven was named the er’s has made this list four of the last this year roughly 700 coats were pro- grand prize winner in the 2002 Gov- 5 years, a testament to the Fisher’s vided to individuals in need. ernor’s Brightest Stars Awards. In ad- Technology team’s hard work and com- Local residents and members of the dition, Mrs. Ogilvie, who crossed paths mitment to customer satisfaction. At a business community also pitch in to with many women serving as volun- time when America’s economy has make the Thanksgiving Community teers in the Sandpoint community, struggled to add jobs, Fisher’s Tech- Dinner a success. Everyone benefits started Women Honoring Women. It nology has boosted its payroll from 46 from this event, whether it is from the was designed to be a one-time event employees in 2009 to 66 today rep- food provided or the satisfaction of giv- but has evolved since 1999 into an an- resenting a 43 percent increase in hir- ing back to the community. For the nual event to recognize and honor ing. volunteers, Mr. Melincoff noted, ‘‘it women in Bonner County who are 65 or Not only has Fisher’s Technology puts things into perspective about older and working to make a difference helped businesses across Idaho meet what you should be grateful for.’’ in the lives of others, who love learning their equipment needs, but its employ- Mr. President, I wanted to take this and exhibit qualities of leadership. ees are also active members of their opportunity to commend Mr. Melincoff Marsha Ogilvie recognized these quali- communities and strive to give back in for his commitment and service to oth- ties in others because she, too, pos- any way that they can. For example, ers and applaud his efforts to reach to sessed them. . .well, all but one—she the company sponsors the Blue Cross out those in need.∑ was only 64 when she passed away. ‘‘Blue Cruise’’ bicycle race, which ben- f If these achievements were not efits local charities in Idaho’s Treasure enough, Marsha Ogilvie joined with Valley. MESSAGES FROM THE PRESIDENT three friends to co-author a children’s I commend everyone at Fisher’s Messages from the President of the book, which was just recently pub- Technology on their continued growth, United States were communicated to

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S652 CONGRESSIONAL RECORD — SENATE January 30, 2014 the Senate by Mr. Pate, one of his sec- Whereas, on October 31, 1952, Operation Ivy Guam, separated by a scant 30 miles, and retaries. was conducted on Elugelab Island (‘‘Flora’’) both are affected by the same win, weather in the Enewetak Atoll, in which the first and ocean current patterns, it logically fol- f true thermonuclear hydrogen bomb (a 10.4 lows that radiation which affects the Terri- EXECUTIVE MESSAGES REFERRED megaton device) code name Mike was deto- tory of Guam necessarily affects the Com- nated, destroying the entire island leaving monwealth of the Northern Mariana Islands; As in executive session the Presiding behind a 6,240 feet across and 164 feet deep and Officer laid before the Senate messages crater in its aftermath; and Whereas, as a result, the Nuclear and Radi- from the President of the United Whereas, in 90 seconds the mushroom cloud ation Studies Board (‘‘NSRB’’) published in States submitting sundry nominations climbed to 57,000 feet into the atmosphere 2005 its report entitled ‘‘Assessment of the and two withdrawals which were re- and within 30 minutes had stretched 60 miles Scientific information for the Radiation Ex- in diameter with the base of the mushroom posure Screening and Education Program’’; ferred to the appropriate committees. head joining the stem of 45,000 feet; and and (The messages received today are Whereas, radioactive fallout is the after ef- Whereas, because fallout may have been printed at the end of the Senate pro- fect of the detonation of a nuclear bomb higher for the people outside RECA-des- ceedings.) where radioactive particles and earth debris, ignated areas, the NRSB recommended that which comprise the mushroom cloud, are re- all residents of the continental US, Alaska, f leased into the atmosphere and remain in Hawaii, and overseas US territories who MESSAGE FROM THE HOUSE the atmosphere for about 24 hours before de- have been diagnosed with specific RECA- scending back to earth; and compensable diseases and who may have At 10:03 a.m., a message from the Whereas, before the decend back to earth, been exposed to radiation from U.S. nuclear- House of Representatives, delivered by these radioactive particles can be carried weapons testing fallout be compensated; and Mr. Novotny, one of its reading clerks, through jet-steams in the atmosphere to lo- Whereas, the United States Congress has announced that the House agree to the cations over a thousand miles away from the the authority to amend RECA to include report of the committee of conference actual test site and settle into the environ- residents of the Commonwealth of the North- on the disagreeing votes of the two ment causing multiple health and environ- ern Mariana Islands affected by radiation as mental problems; and eligible ‘‘downwinder’’ claimants; and Houses on the amendment of the House Whereas, the Commonwealth of the North- Whereas, the failure of the United States to the amendment of the Senate to the ern Mariana Islands are located approxi- Congress to amend RECA in such a way as to bill (H.R. 2642) to provide for the re- mately 1,230 miles directly west of the test compensate affected residents of the Com- form and continuation of agricultural sites; and monwealth of the Northern Islands will and other programs of the Department Whereas, the radioactive dust particles cause the people of the Commonwealth to of Agriculture through fiscal year 2018, travelled through the westward flowing jet- bear a disproportionate burden in defending streams from the Marshall Islands to Guam the United States of America; and and for other purposes. and the Commonwealth of the Northern Mar- Whereas, we, the people of the Common- The message further announced that iana Islands; and wealth of the Northern Mariana Islands, pursuant to 22 U.S.C. 2761, and the Whereas, due to the deleterious effects of United States of America, humbly request order of the House of January 3, 2013, the nuclear radiation, on October 5, , 1990, that the Commonwealth be included in the Speaker appoints the following the United States Congress passed the Radi- RECA with the same criteria that was made Members on the part of the House of ation Exposure Compensation Act (‘‘RECA’’) for Nevada test site in 1990 for compas- Representatives to the British-Amer- which established new programs for persons sionate payments: Now, therefore be it ican Interparliamentary Group: Mr. physically present in areas near the Nevada Resolved, on behalf of the people of the Com- nuclear test site during atomic testing at monwealth of the Northern Mariana Islands by MCINTYRE of North Carolina and Mr. the site. Atmospheric testing of atomic de- the Eighteen Northern Marianas Commonwealth DELANEY of Maryland. vices—important to national security during Legislature, That the United States Congress f the darkest days of the ‘‘cold war’’—ended in is hereby respectfully petitioned to declare 1963 when, under President Kennedy, the that all Americans shall be given the same MEASURES READ THE FIRST TIME United States signed and ratified the limited consideration when it comes to compensa- The following bill was read the first Test Ban ‘‘Treaty’’. Prior to the Treaty, the tion for exposure to radiation from U.S. nu- United Stated detonated over 200 atomic de- clear testing; and be it further time: vises in the open air in both the South Pa- Resolved, That the United States Congress S. 1977. A bill to repeal section 403 of the cific and in Nevada. The RECA provides com- is hereby respectfully petitioned to amend Bipartisan Budget Act of 2013, relating to an passionate payments to persons with speci- the Radiation Exposure Compensation Act of annual adjustment of retired pay for mem- fied diseases who fear that their health were 1990, Public Law 101–426, as amended by Pub- bers of the Armed Forces under the age of 62, harmed because of fallout from atmospheric lic Law 101–510, 3139 (43 U.S.C. 2210) and Pub- and to provide an offset. atomic testing at the Nevada test site, re- lic Law 106–245, to include the Common- f gardless of whether causation can be wealth of the Northern Mariana Islands in scientically established; and the jurisdiction ‘‘downwinders’’ covered by PETITIONS AND MEMORIALS Whereas, on July 10, 2000, Public Law 106– the Act; and be it further 245, the Radiation Exposure Compensation Resolved, That the United States Congress POM–193 and POM–194 originally ap- Act Amendments of 2000 was passed, adding is hereby respectfully requested to include peared without text in the CONGRES- two new claimant categories, providing for, the Commonwealth of the Northern Mariana SIONAL RECORD of Wednesday, January among other things, additional compensable Islands similarly as the Territory of Guam 29, 2014. illnesses, removing certain lifestyle restric- and be granted RECA ‘‘on site’’ status; and POM–193. A resolution adopted by the Sen- tions, and adding additional geographic be it further ate of the Northern Mariana Commonwealth areas to the ‘‘downwinder’’ claimant cat- Resolved, That the affected population pre- Legislature petitioning the United States egory; and viously and currently in the Commonwealth Congress to amend the Radiation Exposure Whereas, although RECA coverage has of the Northern Mariana Islands (those resid- Act of 1990; to the Committee on Environ- been expanded, it still does not provide relief ing who have been exposed to radiation from ment and Public Works. to all Americans affected by fallout, particu- the Atomic Energy Commission tests in the larly residents of the Commonwealth of the Marshall Islands) be recognized as being SENATE JOINT RESOLUTION NO. 18–04, S1 Northern Mariana Islands and the Territory ‘‘downwinders’’ of such test; and be it further Whereas, the United States Government of Guam; and Resolved, That the President of the Senate and the Atomic Energy Commission together Whereas, there is no doubt that the Terri- and the Speaker of the House of Representa- with the United States Armed Forces con- tory of Guam has received radioactive debris tives shall certify, and the Senate Legisla- ducted testing of atomic nuclear weapons on from fallout during the nuclear weapons tive Secretary and the House Clerk shall at- Eniwetok and Bikini Atolls in the Marshall testing in the Pacific Ocean to such an ex- test to the adoption of this joint resolution, Islands, South Pacific, from 1946 to 1962; and tent that in March 2004, Congresswoman and thereafter the Senate Clerk shall trans- Whereas, a total of 67 atomic and thermo- Madeleine Z. Bordallo spoke before the Com- mit a certified copy to the Honorable Barack nuclear bombs/devices were detonated with a mittee to Assess the Scientific Information Obama, President of the United States of total yield of 108,492.2 kilotons which re- for the Radiation Exposure Screening and America; to the Honorable John Boehner, sulted in fallout across a wide area around Education Program to request that they in- Speaker of the United States House of Rep- the Marshall Islands in the Pacific; and clude an assessment of Guam for resentatives; to the Honorable Patrick J. Whereas, no less than ten of those detona- ‘‘downwinders’’ and ship decontamination as Leahy, President Pro Tempore of the United tions yielded between five to ten megatons of part of their congressionally mandated States Senate; to the Honorable Nancy radioactive material from the center of the study; and Pelosi, Minority Leader, United States explosion to the height of between 12 to 55 Whereas, because the islands in the CNMI House of Representatives; to the Honorable miles into the jet-stream; and are in close proximity to the Territory of Mark Chuck Grassley, ranking member,

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S653 Committee of the Judiciary United States the exercise of their inalienable right of self- accordance with a Constitution of their own Senate; to the Honorable Mark Udall, United determination, negotiated the Covenant adoption; and States Senate; to the Honorable Tom Udall, Agreement which established the Common- Whereas, S. 744, Sections 2109 B(i), (ii), (iii), United States Senate; to the Honorable Mar- wealth of the Northern Mariana Islands in a (v)(I), (V), and (C) will allow the alien work- tin Heinrich, United States Senate; to the Political Union with the United States of ers, their families and people of other eth- Honorable Mike Crapo, United States Sen- America. And, in a plebiscite called by the nicity to become permanent residents and ate; to the Honorable James Risch, United United States on June 17, 1975, they approved eventually become U. S. citizens upon it be- States Senate; to the Honorable Michael the Covenant Agreement by 78.8 per centum. coming law. According to the 2010 census Bennet, United States Senate; to the Honor- And, with the approval of the Covenant (U.S. these foreign people represent a combined able Tom Harkin, Chairman, Committee on Public Law 94–241; 90 Stat. 263) by the 94th total of 38,520 or 71 percent of the Common- Health, Education, Labor and Pensions, United States Congress in a Joint Resolution wealth’s population. Such data clearly de- United States Senate; to the Honorable Mi- (H. J. Res. 549) on March 24, 1976 and ap- picts a great disparity in the population pro- chael B. Enzi, ranking member, Committee proved by the President of the United States file of the Commonwealth, where the people on Health, Education, Labor and Pensions, on October 24, 1977, the Chamorro and Caro- of Northern Mariana descent represent only United States Senate; to the Honorable Rob- linian people of the Northern Mariana Is- 15,363 or 29 percent of the total population of ert Menendez, Chairman, Committee on For- lands finally realized their aspiration to be 53,883. As a consequence, the Chamorros and eign Affairs United States Senate; to the freed from foreign dominations, and to be Carolinians of the Northern Marianas Islands Honorable Bob Corker, ranking member recognized as a people of the Northern Mar- will ultimately become powerless and minor- Committee on Foreign Affairs United States iana Islands, with the ‘‘the right of local ity voice in their homeland. Their social, Senate; to the Honorable Barbara Mikulski, self-government and to govern themselves in economic, and political rights and all that Chairwoman, Committee on Appropriations accordance with a Constitution of their own they have aspired, bargained and worked United States Senate; to the Honorable Ben adoption’’ as agreed upon and guaranteed hard to achieve, pursuant to the Covenant Lujan, member of Congress, United States pursuant to Article 1, Section 103 of the Cov- Agreement; including their rights under the House of Representatives; to the Honorable enant; and Northern Mariana Islands Constitution, Lamar Smith, Chairman, Committee on Ju- Whereas, this desire of the Chamorros and which they wrote, adopted, and approved by diciary United States House of Representa- Carolinians of the Northern Mariana Islands the President of the United State of America tives; to the Honorable John Conyers, Jr., is not unique, and serves as a basic tenet on October 24, 1977, will undeniably be taken ranking member, Committee on Judiciary that guides indigenous peoples around the away from them; and United States House of Representatives; to world who wish to be protected and secure in Whereas, Article V, Section 506 of the Cov- the Honorable Fred Upton, Chairman, Com- their homeland, and to exercise their right enant, which the Chamorro and Carolinian mittee on Energy and Commerce, United to self-government. These include the Fili- people of the Northern Mariana Islands States House of Representatives; to the Hon- pinos, led by national hero and icon Jose agreed to, and approved, hold the same pro- orable Henry Waxman, ranking member, Rizal; the Native Americans of North Amer- visions as those found in Section 2109 of S. Committee on Energy and Commerce, United ica; the indigenous Fijians, outnumbered at 744. Sub-section (II) of Section 2109 permits States House of Representatives; to the Hon- one point by ethnic Indians; the Aborigines such alien who was, on May 8, 2008, and con- orable Hal Rogers, Chairman, Committee on of Australia; the Maori of New Zealand; and tinues to be as of the date of the enactment Appropriations United States House of Rep- the Native Hawaiians; and of this paragraph, a permanent resident (as resentatives; to the Honorable Nita Lowey, Whereas, the debate on immigration re- defined in section 4303 of this title 3 of the ranking member, Committee on Appropria- form issues is now before the 113th United Northern Mariana Islands Commonwealth tions, United States House of Representa- States Congress, and in particular, the pas- Code, in effect on May 8, 2008); and (III), is tives; to the Honorable Ed Royce Chairman, sage of Section 2109 (Long-Term Legal Resi- the spouse or child (as defined in section Foreign Affairs Committee, United States dents in the Commonwealth of the Northern 101(b)(1) of the Immigration and Nationality House of Representatives; to the Honorable Mariana Islands) of S.744 by the Senate, that Act (8 U.S.C. 1101(b)(1))), of an alien de- Eliot Engel, ranking member Foreign Affairs is now before the House of Representatives, scribed in sub-clauses (I) or (II); and (IV), Committee, Unites States House of Rep- if approved and becomes a law, will make was, on May 8, 2008, an immediate relative resentatives; to the Honorable John Kline, thousands of alien workers, their families (as defined in section 4303 of title 3 of the Chairman, Committee on Education and the and people of other ethnic origin in the Com- Northern Mariana Islands Commonwealth Workforce, United States House of Rep- monwealth eligible to become U. S. perma- Code, in effect on May 8, 2008, of a United resentatives; to the Honorable George Miller, nent residents five years from its enactment, States citizen, notwithstanding the age of ranking member, Committee on Education and five years thereafter, they will be eligi- the United States citizen, and continues to and the Workforce, United States House of ble to become U. S. Citizen; and be such an immediate relative on the date of Representatives; to Attorney General Eric H. Whereas, the CNMI’s 2010 census data the application described in subparagraph Holder, Jr., Attorney General of the United shows that there were 53,883 people in the (A); and (V), is the spouse or child (as defined States; to Mr. RJ Ritter, National Com- Commonwealth of the Northern Mariana Is- in section 101(b)(1) of the Immigration and mander, National Association of Atomic Vet- lands. Of that figure, 2,461 were Carolinians Nationality Act (8 U.S.C. 1101(b)(1))), of the erans; to Mr. Bob Kilthau, Hawaii State and 12,902 were Chamorros, representing a alien guest worker described in sub-clause Commander, National Association of Atomic combined total of 15,363 persons of Northern (V) and is presently resident under CW–2 sta- Veterans; to the Honorable Madeleine Z. Marianas descent. The 2010 census reported tus. The intent of these provisions are al- Bordallo, Member of Congress, United States other ethnic groups as follows: 19,017 Fili- ready permitted under Section 506 of Article House of Representatives, Territory of pino; 2,253 Korean; 3,659 Chinese; 1,979 other 5 of the Covenant Agreement, notwith- Guam; to the Honorable Gregorio ‘‘Kilili’’ Asian persons; 1,343 persons of other ethnic standing Sections 2109B(i), (ii), (iii), (v)(I), Camcho Sablan, CNMI Delegate to the origin; 6,832 persons of two or more ethnic (V), and (C) (Long-term Legal Residents of United States Congress; to the Honorable origins; and 3,437 persons of native Hawaiian the Commonwealth of the Northern Mariana Eloy S. Inos, Governor, Commonwealth of or Pacific Islanders. These groups of people Islands) of S.744; and the Northern Mariana Islands; to the Honor- represent a total of 38,520 or 71 percent of the Whereas, Section 2109 ((Long-Term Legal able Judith T. Won Pat, Speaker, 32nd Guam total population of the Commonwealth of the Residents of the Commonwealth of the Legislature, Territory of Guam; to the Hon- Northern Mariana Islands, compared to only Northern Mariana Islands) of S. 744 is orable Edward B. Calvo, Governor, Territory 15,363 or 29 percent of Chamorro and Caro- amending Article V, Section 506 of the Cov- of Guam and to Mr. Robert N. Celestial, linian people of Northern Marianas descent. enant by including Section 2109 B(i), (ii), Atomic Veteran from Guam and President of Undoubtedly, the alien workers, their fami- (iii), (v)(I), (V), and (C) to allow alien work- the Pacific Association for Radiation Sur- lies and people of other ethnic origin have al- ers, their families, and people of other ethnic vivors. ready outnumbered the population of the origin, who were counted and described in Chamorro and Carolinian people of Northern the CNMI’s 2010 Census, to become perma- POM–194. A resolution adopted by the Marianas descent; and nent residents and eventually become U. S. House of Representatives of the Northern Whereas, the U. S. Senate, in introducing citizens. Clearly, this Act violates the funda- Mariana Commonwealth Legislature re- S. 744 with the added Section 2109 (Long- mental provisions delineated in Article I, questing the United States Congress to term Legal Residents of the Commonwealth Sections 105 and other provisions of the Cov- eliminate Section 2109 of S. 744 and similar of the Northern Mariana Islands), failed to enant; and legislation which will allow thousands of recognize and respect the spirit and sanctity Whereas, the House of Representatives of alien workers, their families, and persons of of the Covenant Agreement; the fundamental the 18th Northern Marianas Commonwealth other ethnic origin who are in the Common- provisions delineated in Article I, Section Legislature recognizes the importance of wealth of the Northern Mariana Islands to 105 of the Covenant, namely, Articles I, II, granting improved status to the few state- become permanent residents and subse- and III and Sections 501 and 805; and in par- less persons who were born in the Northern quently become U.S. citizens; to the Com- ticular, Article I, Section 103, which guaran- Mariana Islands between January 1, 1974 and mittee on the Judiciary. tees the indigenous Chamorros and Caro- January 9, 1978 (Section 2109 B(v)(I)); how- HOUSE RESOLUTION NO. 18–34 linians of the Northern Mariana Islands their ever, the granting of permanent resident sta- Whereas, the Chamorro and Carolinian right of local self-government and to govern tus to foreign persons delineated in Section people of the Northern Mariana Islands, in themselves with respect to internal affairs in 2109 B(i), (ii), (iii), (V), and (C) of S.744,

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S654 CONGRESSIONAL RECORD — SENATE January 30, 2014 should and must go through the established Commonwealth of the Northern Mariana Is- States as may be designated by either Gov- process, pursuant to the Immigration and lands; nor were discussions made or sug- ernment and to make recommendations with Nationality Act. Therefore, the Northern gested for alien workers, their families, and respect thereto’’: Now, therefore, be it Marianas Commonwealth Legislature dis- persons of other ethnic origin to become per- Resolved, That the House of Representa- agrees with and is strongly opposed to the manent resident during the negotiation of tives of the 18th Northern Marianas Com- inclusion of the Commonwealth of the Covenant Agreement between the indigenous monwealth Legislature respectfully request Northern Mariana Islands in S.744, under people of the Northern Mariana Islands and and urge the House of Representatives of the Section 2109 (Long-Term Legal Residents of the United States of America, notwith- 113th United States Congress to eliminate the Commonwealth of the Northern Mariana standing Section 506 of Article V of the Cov- Section 2109 (Long-Term Legal Residents of Islands); and enant; and the Commonwealth of the Northern Mariana Whereas, Article V, Section 503(a) of the Whereas, the enactment of Section 2109 Islands) of S. 744, and any similar legislation Covenant authorizes the United States Con- (Long-term Legal Residents of the Common- that is currently before both houses of the gress to make applicable to the Northern wealth of the Northern Mariana Islands) of U.S. Congress undergoing review for consid- Mariana Islands the immigration and natu- S. 744, and/or any similar Act by Congress, eration until such legislative intent for the ralization law of the United States after the will dramatically change the social, eco- Commonwealth of the Northern Mariana Is- termination of the Trusteeship Agreement. nomic, and political landscape in the Com- lands is discussed pursuant to Article 1, Sec- This was accomplished when the U.S. Con- monwealth to the advantage of the thou- tion 105 and Article IX, Section 902 of the gress enacted the Consolidated Natural Re- sands of alien workers, their families and Covenant to Establish the Commonwealth of source Act of 2008 (Public Law 110–229). How- people of other ethnic origin or race upon the Northern Marianas in Political Union ever, such authority given to the United them becoming U.S. Citizens. This will have with the United States of America; and to States Congress under the said Article V, a devastating effect on the social, political recognize, respect and take into serious con- Section 503(a) does not necessarily mean and economic livelihood of the Chamorro sideration the mandates of the Trusteeship that the U.S. Congress can unilaterally and and Carolinian people of the Northern Mar- Agreement which was agreed upon by the arbitrarily enact immigration laws and/or iana Islands. It will give birth to a new form United States; and the United Nation Secu- other bills or legislations for the Common- of foreign domination on the indigenous peo- rity Council, including the United States ob- wealth of the Northern Mariana Islands that ple once again, but this time, sadly, it ligation under the Charter of the United Na- contradicts and infringes on the fundamental evolves from within the Commonwealth by tion as stipulated in the House Joint Resolu- provisions delineated in Article 1, Section way of Section 2109 (Long-term Legal Resi- tion No. 549—to approve the ‘‘Covenant To 105 and other provisions of the Covenant; dents of the Commonwealth of the Northern Establish a Commonwealth of the Northern particularly, outlined in Article 1, Section Mariana Islands); and Mariana Islands in Political Union with the 103, which guarantees the indigenous people Whereas, the enactment of Section 2109 of United States of America’’; and be it further of the Northern Mariana Islands the right of S. 744, and/or any similar legislations by Resolved, That the Speaker of the House local self-government and to govern them- Congress will place the Carolinian and shall certify, and the Clerk of the House selves with respect to internal affairs in ac- Chamorro people of the Northern Mariana Is- shall attest to the adoption of this resolu- cordance with a Constitution of their own lands back in time, trapped under a new tion. The Clerk of the House shall transmit adoption; and form of foreign domination once again, and a a certified copy of this Resolution to the Whereas, Article 1, Section 105 of the Cov- direct violation of the Covenant Agreement, Honorable Joseph R. Biden, Jr., President of enant states: ‘‘The United States may enact and the mandates of the Trusteeship Agree- the Senate, 113th United States Congress; legislation in accordance with its constitu- ment which was agreed upon by the United the Honorable John Boehner, Speaker of the tional processes which will be applicable to States and the United Nation Security Coun- House, 113th United States Congress; the the Northern Mariana Islands, but if such cil, including the Charter of the United Na- Honorable Gregorio ‘‘Kilili’’ Sablan, CNM1 legislation cannot also be made applicable to tion which obligates the United States ‘‘to Delegate to the 113th United States Con- the several States the Northern Mariana Is- promote the development of the people of gress; the U. S. Department of Interior Sec- lands must be specifically named therein for the trust territory toward self-government retary Sally Jewell; the Secretary of U.S. it to become effective in the Northern Mar- or independence as may be appropriate to Department of Homeland Security; the Hon- iana Islands. In order to respect the right of the particular circumstances of the trust orable Eloy S. Inos, Governor, Common- self-government guaranteed by this Cov- territory and its peoples and the freely ex- wealth of the Northern Mariana Islands; the enant the United States agrees to limit the pressed wishes of the peoples concerned’’. Honorable Ralph DLG Torres, President of exercise of that authority so that the funda- The enactment of Section 2109 and/or other the Senate; 18th Northern Marianas Com- mental provisions of this Covenant, namely similar act or legislations by Congress is a monwealth Legislature; the Honorable Don- Articles I, II and III and Sections 501 and 805, direct contradiction to the freely expressed ald P. Flores, Mayor of Saipan; the Honor- may be modified only with the consent of the wishes of the Chamorro and Carolinian peo- able Ramon M. Dela Cruz, Mayor of Tinian Government of the United States and the ple of the Northern Marianas Islands when and Aguigan; the Honorable Melchor A. Government of the Northern Mariana Is- they exercised their inalienable right of self- Mendiola, Mayor of Rota; and the Honorable lands’’; and determination and negotiated the Covenant Tobias C. Aldan, Mayor of the Northern Is- Whereas, Section 2109 (Long-term Legal Agreement with the United States of Amer- lands. Residents of the Commonwealth of the ica—to be free from foreign domination, and f Northern Mariana Islands) of S. 744 con- to be recognized as a people of the Northern EXECUTIVE REPORT OF tradicts U.S. Public Law 110–229 (Consoli- Mariana Islands, with ‘‘the right of local dated Natural Resources Act of 2008) which self-government and to govern themselves in COMMITTEE mandates the alien worker population of the accordance with a Constitution of their own The following executive report of a Commonwealth of the Northern Mariana Is- adoption; and nomination was submitted: lands to be zeroed out when the transition Whereas, Section 2109 of S. 744, and/or any By Ms. CANTWELL for the Committee on period ends on Dec. 31, 2014. U.S. Public Law similar Act currently before both houses of Indian Affairs. 110–229 (Consolidated Natural Resources Act the U.S. Congress for consideration, or are *Vincent G. Logan, of New York, to be Spe- of 2008) seeks to help create jobs for the being proposed will create alarming concerns cial Trustee, Office of Special Trustee for many unemployed indigenous Chamorro and to the Chamorro and Carolinian people of the American Indians, Department of the Inte- Carolinian people and U.S. citizens who are Northern Mariana Islands, thus affecting the rior. residents in the Northern Mariana Islands, relationship between them and the United *Nomination was reported with rec- who have been actively searching for work in States; therefore, the 18th Northern Mari- the job market. Section 2109 of S. 744, on the anas Commonwealth Legislature urged the ommendation that it be confirmed sub- other hand, will deprive the Chamorro and U.S. Congress that any and all propose legis- ject to the nominee’s commitment to Carolinian people of Northern Marianas de- lations that infringes upon the social, eco- respond to requests to appear and tes- scent and U.S. citizens who are residents of nomic and political rights of the indigenous tify before any duly constituted com- the Commonwealth of employment opportu- Chamorro and Carolinian people who are of mittee of the Senate. nities, as alien workers and people of other Northern Marianas descent, who called for, f ethnic origin will continue to occupy and fill negotiated, and voted favorably in support of the positions in the job market; and the Covenant, must be addressed pursuant to INTRODUCTION OF BILLS AND Whereas, alien workers who are recruited Article 1, Section 105 and Section 902 of the JOINT RESOLUTIONS for employment purposes, should not, irre- Covenant; and The following bills and joint resolu- spective of the length of their employment Whereas, Section 902 of Article IX states in in the Commonwealth, be automatically en- part: ‘‘The Government of the United States tions were introduced, read the first titled to full social, economic, and political and the Government of the Northern Mar- and second times by unanimous con- rights, because such benefits and privileges iana Islands will consult regularly on all sent, and referred as indicated: of United States citizens were never prom- matters affecting the relationship between By Mr. ROBERTS: ised, bargained, entered, and/or agreed upon them’’. . . ‘‘to consider in good faith such S. 1974. A bill to amend the Elementary in their employment contracts, which were issues affecting the relationship between the and Secondary Education Act of 1965 to pro- approved by them and the Government of the Northern Mariana Islands and the United hibit Federal education mandates, and for

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S655 other purposes; to the Committee on Health, HARKIN) was added as a cosponsor of S. ginia (Mr. MANCHIN) was added as a co- Education, Labor, and Pensions. 526, a bill to amend the Internal Rev- sponsor of S. 1596, a bill to require By Mrs. GILLIBRAND: enue Code of 1986 to make permanent State educational agencies that receive S. 1975. A bill to amend the Internal Rev- enue Code of 1986 to provide an above-the- the special rule for contributions of funding under the Elementary and Sec- line deduction for child care expenses, and qualified conservation contributions, ondary Education Act of 1965 to have in for other purposes; to the Committee on Fi- and for other purposes. effect policies and procedures on back- nance. S. 862 ground checks for school employees. By Mr. ROCKEFELLER (for himself, At the request of Ms. AYOTTE, the S. 1654 Mrs. FEINSTEIN, Mr. PRYOR, and Mr. name of the Senator from Delaware At the request of Mr. REED, the NELSON): S. 1976. A bill to protect consumers by re- (Mr. COONS) was added as a cosponsor names of the Senator from Montana quiring reasonable security policies and pro- of S. 862, a bill to amend section 5000A (Mr. TESTER), the Senator from New cedures to protect data containing personal of the Internal Revenue Code of 1986 to Hampshire (Mrs. SHAHEEN) and the information, and to provide for nationwide provide an additional religious exemp- Senator from Vermont (Mr. SANDERS) notice in the event of a breach of security; to tion from the individual health cov- were added as cosponsors of S. 1654, a the Committee on Commerce, Science, and erage mandate. bill to amend the Internal Revenue Transportation. Code of 1986 to deny tax deductions for By Ms. AYOTTE (for herself, Mr. GRA- S. 865 HAM, Mr. WICKER, and Ms. COLLINS): At the request of Mr. WHITEHOUSE, corporate regulatory violations. S. 1977. A bill to repeal section 403 of the the name of the Senator from Oregon S. 1704 Bipartisan Budget Act of 2013, relating to an (Mr. MERKLEY) was added as a cospon- At the request of Mr. DURBIN, the annual adjustment of retired pay for mem- name of the Senator from Washington bers of the Armed Forces under the age of 62, sor of S. 865, a bill to provide for the es- tablishment of a Commission to Accel- (Mrs. MURRAY) was added as a cospon- and to provide an offset; read the first time. sor of S. 1704, a bill to expand the use By Mr. UDALL of New Mexico: erate the End of Breast Cancer. of open textbooks in order to achieve S. 1978. A bill to increase access to primary S. 1235 care services through training and account- savings for students. At the request of Mr. TOOMEY, the ability improvements; to the Committee on name of the Senator from Kansas (Mr. S. 1709 Finance. At the request of Mr. KIRK, the name ROBERTS) was added as a cosponsor of By Mr. HARKIN (for himself and Mr. of the Senator from Iowa (Mr. HARKIN) BROWN): S. 1235, a bill to restrict any State or S. 1979. A bill to provide for USA Retire- local jurisdiction from imposing a new was added as a cosponsor of S. 1709, a ment Funds, to reform the pension system, discriminatory tax on cell phone serv- bill to require the Committee on Tech- and for other purposes; to the Committee on ices, providers, or property. nology of the National Science and Health, Education, Labor, and Pensions. Technology Council to develop and up- S. 1410 f date a national manufacturing com- At the request of Mr. DURBIN, the petitiveness strategic plan, and for SUBMISSION OF CONCURRENT AND name of the Senator from Texas (Mr. other purposes. SENATE RESOLUTIONS CRUZ) was added as a cosponsor of S. S. 1792 1410, a bill to focus limited Federal re- The following concurrent resolutions At the request of Mr. JOHANNS, his sources on the most serious offenders. and Senate resolutions were read, and name was added as a cosponsor of S. referred (or acted upon), as indicated: S. 1431 1792, a bill to close out expired, empty By Mrs. MURRAY (for herself, Ms. COL- At the request of Mr. THUNE, the grant accounts. LINS, Mr. LEVIN, Mr. CORNYN, Ms. name of the Senator from Kansas (Mr. S. 1814 KLOBUCHAR, Mr. CARDIN, Ms. LAN- ROBERTS) was added as a cosponsor of At the request of Mr. MANCHIN, the DRIEU, Mr. COCHRAN, and Mr. DUR- S. 1431, a bill to permanently extend BIN): name of the Senator from Pennsyl- S. Res. 342. A resolution designating Feb- the Internet Tax Freedom Act. vania (Mr. CASEY) was added as a co- ruary 3 through 7, 2014, as ‘‘National School S. 1456 sponsor of S. 1814, a bill to encourage, Counseling Week’’; considered and agreed to. At the request of Ms. AYOTTE, the enhance, and integrate Silver Alert f names of the Senator from Kentucky plans throughout the United States ADDITIONAL COSPONSORS (Mr. MCCONNELL), the Senator from and for other purposes. Louisiana (Mr. VITTER), the Senator S. 1908 S. 41 from Texas (Mr. CORNYN), the Senator At the request of Mr. CORNYN, the At the request of Ms. CANTWELL, the from Mississippi (Mr. WICKER), the Sen- name of the Senator from Washington name of the Senator from Wisconsin ator from Arizona (Mr. MCCAIN), the (Mr. JOHNSON) was added as a cosponsor (Mrs. MURRAY) was added as a cospon- Senator from Arkansas (Mr. BOOZMAN), sor of S. 41, a bill to provide a perma- of S. 1908, a bill to allow reciprocity for the Senator from Iowa (Mr. GRASSLEY), the carrying of certain concealed fire- nent deduction for State and local gen- the Senator from Mississippi (Mr. eral sales taxes. arms. COCHRAN), the Senator from Georgia S. 1909 S. 84 (Mr. CHAMBLISS), the Senator from Wy- At the request of Ms. MIKULSKI, the At the request of Mr. SCOTT, the oming (Mr. BARRASSO), the Senator names of the Senator from West Vir- names of the Senator from Louisiana from Idaho (Mr. RISCH), the Senator ginia (Mr. ROCKEFELLER) and the Sen- (Mr. VITTER) and the Senator from from Ohio (Mr. PORTMAN), the Senator ator from South Dakota (Mr. JOHNSON) Florida (Mr. RUBIO) were added as co- from Nebraska (Mrs. FISCHER), the Sen- were added as cosponsors of S. 84, a bill sponsors of S. 1909, a bill to expand op- ator from North Carolina (Mr. BURR) to amend the Fair Labor Standards Act portunity through greater choice in and the Senator from Oklahoma (Mr. of 1938 to provide more effective rem- education, and for other purposes. COBURN) were added as cosponsors of S. edies to victims of discrimination in S. 1923 1456, a bill to award the Congressional the payment of wages on the basis of At the request of Mr. VITTER, the sex, and for other purposes. Gold Medal to Shimon Peres. name of the Senator from Wyoming S 1587 S. 289 . (Mr. BARRASSO) was added as a cospon- At the request of Ms. LANDRIEU, the At the request of Mr. MARKEY, the sor of S. 1923, a bill to amend the Secu- name of the Senator from Washington name of the Senator from California rities Exchange Act of 1934 to exempt (Ms. CANTWELL) was added as a cospon- (Mrs. BOXER) was added as a cosponsor from registration brokers performing sor of S. 289, a bill to extend the low-in- of S. 1587, a bill to posthumously award services in connection with the trans- terest refinancing provisions under the the Congressional Gold Medal to each fer of ownership of smaller privately Local Development Business Loan Pro- of Glen Doherty and Tyrone Woods in held companies. gram of the Small Business Adminis- recognition of their contributions to S. 1924 tration. the Nation. At the request of Mr. RISCH, the S. 526 S. 1596 name of the Senator from Wyoming At the request of Mr. BAUCUS, the At the request of Mr. TOOMEY, the (Mr. BARRASSO) was added as a cospon- name of the Senator from Iowa (Mr. name of the Senator from West Vir- sor of S. 1924, a bill to require a report

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S656 CONGRESSIONAL RECORD — SENATE January 30, 2014 on INF Treaty compliance information (Mr. RUBIO), the Senator from Illinois and I introduce today is not a signifi- sharing. (Mr. KIRK) and the Senator from Or- cant departure from the bill that Sen- S. 1925 egon (Mr. WYDEN) were added as co- ator PRYOR and I introduced in the At the request of Mr. BARRASSO, his sponsors of S. Res. 340, a resolution ex- past two Congresses. Like the earlier name was added as a cosponsor of S. pressing the sense of the Senate that bills, it is predicated on basic prin- 1925, a bill to limit the retrieval of data all necessary measures should be taken ciples: companies should adopt strong from vehicle event data recorders. to protect children in the United security protocols to protect con- S. 1941 States from human trafficking, espe- sumers’ personal information; they At the request of Mr. JOHANNS, the cially during the upcoming Super should quickly notify affected con- name of the Senator from Texas (Mr. Bowl, an event around which many sumers in the event of a breach; and CORNYN) was added as a cosponsor of S. children are trafficked for sex. the Federal Trade Commission, FTC, and State attorneys general should be 1941, a bill to establish requirements S. RES. 341 empowered to fully enforce the law. for the adoption of any new or revised At the request of Mr. PRYOR, the With those principles as a framework, requirement providing for the screen- names of the Senator from Arkansas the bill we introduce today has four ing, testing, or treatment of an airman (Mr. BOOZMAN) and the Senator from or an air traffic controller for a sleep key elements. Michigan (Mr. LEVIN) were added as co- disorder, and for other purposes. First, it directs the FTC to promul- sponsors of S. Res. 341, a resolution ob- gate rules establishing robust data se- S. 1953 serving the 100th birthday of civil At the request of Mr. TESTER, the curity protocols that companies and rights leader Daisy Bates and honoring nonprofits must adopt when collecting name of the Senator from Wyoming her legacy as an American heroine. (Mr. ENZI) was added as a cosponsor of and storing consumers’ personal infor- AMENDMENT NO. 2707 S. 1953, a bill to amend certain provi- mation. These rules will be strong, but sions of the Inspector General Act of At the request of Mr. TOOMEY, the they will also be flexible. We recognize 1978 and the Inspector General Im- name of the Senator from Nebraska that security measures for a large provement Act of 2008, and for other (Mr. JOHANNS) was added as a cospon- multi-billion-dollar corporation may purposes. sor of amendment No. 2707 proposed to not be appropriate for a small business. S. 1926, a bill to delay the implementa- As such, the Commission is required to S. 1956 tion of certain provisions of the consider the impact on small busi- At the request of Mr. SCHATZ, the names of the Senator from Washington Biggert-Waters Flood Insurance Re- nesses and other mitigating factors in form Act of 2012 and to reform the Na- developing its rules. (Ms. CANTWELL), the Senator from Con- Second, the bill requires breached necticut (Mr. MURPHY), the Senator tional Association of Registered companies to notify affected con- from California (Mrs. BOXER), the Sen- Agents and Brokers, and for other pur- sumers unless there is no reasonable ator from New Jersey (Mr. MENENDEZ), poses. risk of identity theft, fraud, or other the Senator from New Mexico (Mr. f unlawful conduct. In so doing, the HEINRICH), the Senator from New Jer- STATEMENTS ON INTRODUCED breached company must also provide sey (Mr. BOOKER), the Senator from BILLS AND JOINT RESOLUTIONS those consumers with free credit re- New York (Mr. SCHUMER) and the Sen- ports. If companies adopt advanced ator from Massachusetts (Ms. WARREN) By Mr. ROCKEFELLER (for him- technologies that render their personal were added as cosponsors of S. 1956, a self, Mrs. FEINSTEIN, Mr. data unreadable, indecipherable, or bill to direct the Secretary of Defense PRYOR, and Mr. NELSON): otherwise unusable, there is a rebutta- to review the discharge characteriza- S. 1976. A bill to protect consumers ble presumption that no risk to con- tion of former members of the Armed by requiring reasonable security poli- sumers exists. The FTC, in consulta- Forces who were discharged by reason cies and procedures to protect data tion with the National Institute of of the sexual orientation of the mem- containing personal information, and Standards and Technology, shall estab- ber, and for other purposes. to provide for nationwide notice in the event of a breach of security; to the lish guidelines identifying the tech- S. 1957 nologies that would qualify for this re- At the request of Mr. BENNET, the Committee on Commerce, Science, and Transportation. buttable presumption. name of the Senator from Missouri Third, the bill will establish a two- Mr. ROCKEFELLER. Mr. President, (Mrs. MCCASKILL) was added as a co- pronged enforcement system, whereby today, I am introducing the Data Secu- sponsor of S. 1957, a bill to establish the FTC and state Attorneys General rity and Breach Notification Act of the American Infrastructure Fund, to are afforded not only traditional equi- 2014. I introduce this bill with my good provide bond guarantees and make table remedies but civil penalty au- loans to States, local governments, and friend, Senator FEINSTEIN, Chairman of thority as well. Moreover, the bill infrastructure providers for invest- the Intelligence Committee, as well as makes it a criminal offense for anyone ments in certain infrastructure Senators PRYOR and NELSON, valued to knowingly conceal a data breach. projects, and to provide equity invest- Subcommittee Chairmen on the Senate Lastly, our bill will require compa- ments in such projects, and for other Commerce Committee. I want to ex- nies to report data breaches to a des- purposes. press my particular gratitude to Sen- ignated Federal government entity as S. 1972 ator PRYOR for his work on this issue. established by the Department of At the request of Mr. BLUMENTHAL, He has long been the champion of data Homeland Security. This entity will the names of the Senator from New security legislation on the Commerce serve as a central repository for infor- Jersey (Mr. MENENDEZ) and the Sen- Committee, and his well-known com- mation on all data breaches of a cer- ator from Ohio (Mr. BROWN) were added mitment and expertise on this issue, as tain magnitude and will, in turn, no- as cosponsors of S. 1972, a bill to pro- well as his support of our current bill, tify other relevant Federal and law en- hibit discrimination in employment on have proven to be indispensable. forcement agencies, such as the De- the basis of an individual’s status or While the recent breaches at Target partment of Justice, Secret Service, history of unemployment. and Neiman Marcus have made head- FTC, and affected State Attorneys S. RES. 333 lines, these breaches are nothing new. General. At the request of Mr. TOOMEY, the Data breaches have happened before, I would like to note that, while the name of the Senator from Connecticut and they will inevitably occur in the impetus behind introducing this bill is (Mr. MURPHY) was added as a cosponsor future. Understanding this, there is to provide consumers with the strong- of S. Res. 333, a resolution strongly rec- much more that can be done to prevent est protections possible, the bill will ommending that the United States re- breaches and, when they occur, respond also provide businesses with regulatory negotiate the return of the Iraqi Jew- to them. certainty—something they currently ish Archive to Iraq. Similarly, the concepts in today’s lack. Our bill will finally codify into S. RES. 340 bill are not new and have been consid- regulation what the FTC is already At the request of Mr. BLUMENTHAL, ered by Congress before. The bill that doing; that is, the Commission has a the names of the Senator from Florida Senators FEINSTEIN, PRYOR, NELSON, long history of bringing enforcement

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S657 actions against companies for neg- Whereas school counselors help develop testimony for the hearing record ligent data security practices as viola- well-rounded students by guiding students should send it to the Committee on En- tions of the FTC Act’s broad prohibi- through academic, personal, social, and ca- ergy and Natural Resources, U.S. Sen- tion against ‘‘unfair or deceptive acts reer development; ate, 304 Dirksen Senate Office Building, Whereas personal and social growth results or practices.’’ Indeed, the Commission in increased academic achievement; Washington, DC, 20510–6150, or by email is currently embroiled in numerous Whereas school counselors play a vital role to [email protected]. data breach cases. The FTC’s new data in ensuring that students are ready for col- For further information, please con- security rules mandated by our bill lege and careers; tact Sam Fowler at (202) 224–7571 or Ian will finally provide more explicit detail Whereas school counselors play a vital role Nicholson at (202) 224–7143. in making students aware of opportunities to industry regarding the rules of the COMMITTEE ON ENERGY AND NATURAL for financial aid and college scholarships; road. Importantly, the bill will create RESOURCES Whereas school counselors assist with and one set of Federal rules; it will preempt Mr. WYDEN. Mr. President, I would State laws with regard to data security coordinate efforts to foster a positive school climate, resulting in a safer learning envi- like to announce for the information of and breach notification so that compa- ronment for all students; the Senate and the public that a hear- nies no longer have to operate under a Whereas school counselors have been in- ing has been scheduled before the Sen- patchwork of differing state laws. strumental in helping students, teachers, ate Committee on Energy and Natural Notwithstanding my frustration over and parents deal with personal trauma as Resources. The hearing will be held on Congress’s decade-long failure to pass well as tragedies in their communities and Thursday, February 6, 2014, at 9:30 a.m., meaningful data security legislation, I the United States; in room SD–366 of the Dirksen Senate Whereas students face myriad challenges remain hopeful that this year will be Office Building. different. The American public is de- every day, including peer pressure, bullying, depression, the deployment of family mem- The purpose of this hearing is to re- manding that we do something about a ceive testimony on S. 1784, the Oregon problem that is only getting worse. As bers to serve in conflicts overseas, and school violence; and California Land Grant Act of 2013, I noted earlier in my remarks, there Whereas a school counselor is one of the and S. 1966, the National Forest Jobs will be more data breaches in the fu- few professionals in a school building who is and Management Act of 2014. ture—it is inevitable. And the con- trained in both education and mental health Because of the limited time available sequences are not trivial. Not only do matters; for the hearing, witnesses may testify these data breaches impose potentially Whereas the roles and responsibilities of by invitation only. However, those devastating financial consequences on school counselors are often misunderstood; wishing to submit written testimony consumers who are victimized by iden- Whereas the school counselor position is for the hearing record may do so by tity theft and other financial fraud, often among the first to be eliminated to meet budgetary constraints; sending it to the Committee on Energy these breaches also threaten basic con- Whereas the national average ratio of stu- and Natural Resources, U.S. Senate, sumer privacy. Companies continue to dents to school counselors is 471 to 1, almost Washington, DC 20510–6150, or by e-mail collect, aggregate, and house an twice the 250 to 1 ratio recommended by the unfathomable amount of personal in- to [email protected]. American School Counselor Association, the For further information, please con- formation about all of us. These same National Association for College Admission companies must guard that informa- Counseling, and other organizations; and tact Michele Miranda at (202) 224–7556 tion with the highest of security stand- Whereas the celebration of National or John Assini at (202) 224–9313. ards. While I am not naive to think our School Counseling Week will increase aware- f bill will prevent all data breaches of ness of the important and necessary role the future, I am confident that it will school counselors play in the lives of stu- AUTHORITY FOR COMMITTEES TO dents in the United States: Now, therefore, MEET go a long way towards pushing compa- be it nies to do more—much more. And it Resolved, That the Senate— COMMITTEE ON COMMERCE, SCIENCE, AND will finally provide consumers with (1) designates February 3 through 7, 2014, TRANSPORTATION peace of mind that—when a breach as ‘‘National School Counseling Week’’; and Mr. MENENDEZ. Mr. President, I ask does occur—they will be notified as (2) encourages the people of the United unanimous consent that the Com- soon as possible so they may take the States to observe National School Coun- mittee on Commerce, Science, and necessary steps to protect themselves. seling Week with appropriate ceremonies Transportation be authorized to hold a I thank Senators FEINSTEIN, PRYOR, and activities that promote awareness of the meeting during the session of the Sen- role school counselors play in schools and and NELSON for helping me on this im- the community at large in preparing stu- ate on Thursday, January 30, 2014, at 10 portant bill. dents for fulfilling lives as contributing a.m. in room 253 of the Russell Senate f members of society. Office Building. The committee will SUBMITTED RESOLUTIONS f hold a hearing entitled ‘‘West Coast and Western Pacific Perspectives on NOTICES OF HEARINGS Magnuson-Stevens Act Reauthoriza- SENATE RESOLUTION 342—DESIG- COMMITTEE ON ENERGY AND NATURAL tion.’’ NATING FEBRUARY 3 THROUGH RESOURCES The PRESIDING OFFICER. Without 7, 2014, AS ‘‘NATIONAL SCHOOL Mr. WYDEN. Mr. President, I would objection it is so ordered. COUNSELING WEEK’’ like to announce for the information of COMMITTEE ON ENERGY AND NATURAL Mrs. MURRAY (for herself, Ms. COL- the Senate and the public that a hear- RESOURCES LINS, Mr. LEVIN, Mr. CORNYN, Ms. KLO- ing has been scheduled before the Sen- Mr. MENENDEZ. Mr. President, I ask BUCHAR, Mr. CARDIN, Ms. LANDRIEU, Mr. ate Committee on Energy and Natural unanimous consent that the Senate COCHRAN, and Mr. DURBIN) submitted Resources on Tuesday, February 4, Committee on Energy and Natural Re- the following resolution; which was 2014, at 10 a.m., in Room SD–366 of the sources be authorized to meet during considered and agreed to.: Dirksen Senate Office Building in the session of the Senate to conduct a S. RES. 342 Washington, DC. hearing on Thursday, January 30, 2014, Whereas the American School Counselor The purpose of the hearing is to re- at 9:30 a.m., in room 366 of the Dirksen Association has designated February 3 ceive testimony on the nominations of Senate Office Building. The purpose of through 7, 2014, as ‘‘National School Coun- Ms. Rhea S. Suh, to be Assistant Sec- this oversight hearing is to explore op- seling Week’’; retary for Fish and Wildlife and Parks, portunities and challenges associated Whereas the importance of school coun- Department of the Interior, and Ms. with lifting the ban on U.S. crude oil seling has been recognized through the inclu- Janice M. Schneider to be Assistant exports. For further information, sion of elementary and secondary school Secretary for Land and Minerals Man- please contact Todd Wooten at (202) counseling programs in amendments to the agement, Department of the Interior. 224–3907, Abigail Campbell at (202) 224– Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); Because of the limited time available 4905, or Lauren Goldschmidt at (202) Whereas school counselors have long advo- for the business meeting, witnesses 224–5488. cated for equal opportunities for all stu- may testify by invitation only. How- The PRESIDING OFFICER. Without dents; ever, those wishing to submit written objection it is so ordered.

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S658 CONGRESSIONAL RECORD — SENATE January 30, 2014 COMMITTEE ON ENVIRONMENT AND PUBLIC The PRESIDING OFFICER. The ation of the conference report to ac- WORKS AND SUBCOMMITTEE ON CLEAN AIR clerk will report the resolution by company H.R. 2642, the farm bill, with AND NUCLEAR SAFETY title. the time until 5:30 p.m. equally divided Mr. MENENDEZ. Mr. President, I ask The assistant legislative clerk read and controlled between the two leaders unanimous consent that the Com- as follows: or their designees. mittee on Environment and Public A resolution (S. Res. 342) designating Feb- The PRESIDING OFFICER. Without Works and the Subcommittee on Clean ruary 3 through 7, 2014, as ‘‘National School objection, it is so ordered. Air and Nuclear Safety be authorized Counseling Week.’’ f to meet during the session of the Sen- There being no objection, the Senate ate on January 30, at 9:30 a.m., in room proceeded to consider the resolution. PROGRAM 406 of the Dirksen Senate Office Build- Mr. REID. Madam President, I ask Mr. REID. The next rollcall vote will ing to conduct a joint hearing entitled unanimous consent the resolution be be 5:30 p.m. on the motion to invoke ‘‘Oversight Hearing: NRC’s Implemen- agreed to, the preamble be agreed to, cloture on the conference report to ac- tation of the Fukushima Near-Term the motions to reconsider be laid upon company the farm bill. Task Force Recommendations and the table, with no intervening action f other Actions to Enhance and Maintain or debate. Nuclear Safety.’’ The PRESIDING OFFICER. Without ADJOURNMENT UNTIL MONDAY, The PRESIDING OFFICER. Without objection, it is so ordered. FEBRUARY 3, 2014, AT 2 P.M. objection it is so ordered. The resolution (S. Res. 342) was Mr. REID. If there is no further busi- COMMITTEE ON FINANCE agreed to. ness to come before the Senate, I ask Mr. MENENDEZ. Mr. President, I ask The preamble was agreed to. unanimous consent that it adjourn unanimous consent that the Com- (The resolution, with its preamble, is under the previous order. mittee on Finance be authorized to printed in today’s RECORD under ‘‘Sub- There being no objection, the Senate, meet during the session of the Senate mitted Resolutions.’’) at 5:57 p.m., adjourned until Monday, on Thursday, January 30, 2014, at 10 f February 3, 2014, at 2 p.m. a.m., in 215 Dirksen Senate Office Building. SIGNING AUTHORITY f The PRESIDING OFFICER. Without Mr. REID. Madam President, I ask NOMINATIONS objection it is so ordered. unanimous consent that during the ad- Executive nominations received by COMMITTEE ON FOREIGN RELATIONS journment or recess of the Senate from the Senate: Mr. MENENDEZ. Mr. President, I ask Thursday, January 30, through Mon- DEPARTMENT OF DEFENSE unanimous consent that the Com- day, February 3, the majority leader MIRANDA A. A. BALLENTINE, OF THE DISTRICT OF CO- mittee on Foreign Relations be author- and Senators Warner and Rockefeller LUMBIA, TO BE AN ASSISTANT SECRETARY OF THE AIR ized to meet during the session of the be authorized to sign duly enrolled FORCE, VICE TERRY A. YONKERS, RESIGNED. MICHAEL J. MCCORD, OF OHIO, TO BE UNDER SEC- Senate on Thursday, January 30, 2014, bills or joint resolutions. RETARY OF DEFENSE (COMPTROLLER), VICE ROBERT F. at 9:30 a.m., to hold a hearing entitled The PRESIDING OFFICER. Without HALE. BRIAN P. MCKEON, OF NEW YORK, TO BE A PRINCIPAL ‘‘Section 123: Civilian Nuclear Coopera- objection, it is so ordered. DEPUTY UNDER SECRETARY OF DEFENSE, VICE KATH- tion Agreements.’’ LEEN H. HICKS, RESIGNED. f CHRISTINE E. WORMUTH, OF VIRGINIA, TO BE UNDER The PRESIDING OFFICER. Without SECRETARY OF DEFENSE FOR POLICY, VICE JAMES N. objection, it is so ordered. MEASURE READ THE FIRST MILLER, JR., RESIGNED. COMMITTEE ON THE JUDICIARY TIME—S. 1977 FEDERAL MARITIME COMMISSION Mr. MENENDEZ. Mr. President, I ask Mr. REID. Mr. President, I under- WILLIAM P. DOYLE, OF PENNSYLVANIA, TO BE A FED- ERAL MARITIME COMMISSIONER FOR A TERM EXPIRING unanimous consent that the Com- stand there is a bill at the desk, and I JUNE 30, 2018. (REAPPOINTMENT) mittee on the Judiciary be authorized ask for its first reading. FEDERAL ENERGY REGULATORY COMMISSION to meet during the session of the Sen- The PRESIDING OFFICER. The NORMAN C. BAY, OF NEW MEXICO, TO BE A MEMBER OF ate on January 30, 2014, at 10 a.m., in clerk will read the bill by title for the THE FEDERAL ENERGY REGULATORY COMMISSION FOR SD–226 of the Dirksen Senate Office THE TERM EXPIRING JUNE 30, 2018, VICE JON first time. WELLINGHOFF, RESIGNED. Building, to conduct an executive busi- The assistant legislative clerk read ENVIRONMENTAL PROTECTION AGENCY ness meeting. as follows: ANN ELIZABETH DUNKIN, OF CALIFORNIA, TO BE AN The PRESIDING OFFICER. Without A bill (S. 1977) to repeal section 403 of the ASSISTANT ADMINISTRATOR OF THE ENVIRONMENTAL objection, it is so ordered. Bipartisan Budget Act of 2013, relating to an PROTECTION AGENCY, VICE MALCOLM D. JACKSON. SUBCOMMITTEE ON EMERGENCY MANAGEMENT, annual adjustment of retired pay for mem- CHEMICAL SAFETY AND HAZARD INVESTIGATION INTERGOVERNMENTAL RELATIONS, AND THE bers of the Armed Forces under the age of 62, BOARD DISTRICT OF COLUMBIA and to provide an offset. MANUEL H. EHRLICH, JR., OF NEW JERSEY, TO BE A Mr. MENENDEZ. Mr. President, I ask Mr. REID. I now ask for a second MEMBER OF THE CHEMICAL SAFETY AND HAZARD IN- VESTIGATION BOARD FOR A TERM OF FIVE YEARS, VICE unanimous consent that the Sub- reading, and in order to place the bill JOHN S. BRESLAND, RESIGNED. committee on Emergency Manage- on the calendar under the provisions of INTER–AMERICAN DEVELOPMENT BANK ment, Interfovernmental Relations, rule XIV, I object to my own request. MILEYDI GUILARTE, OF THE DISTRICT OF COLUMBIA, and the District of Columbia of the The PRESIDING OFFICER. Objec- TO BE UNITED STATES ALTERNATE EXECUTIVE DIREC- TOR OF THE INTER–AMERICAN DEVELOPMENT BANK, Committee on Homeland Security and tion is heard. VICE JAN E. BOYER, RESIGNED. The bill will be read for the second Governmental Affairs be authorized to DEPARTMENT OF STATE meet during the session of the Senate time on the next legislative day. SUZAN G. LEVINE, OF WASHINGTON, TO BE AMBAS- on Thursday, January 30, 2014, at 2:30 f SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF p.m., to conduct a hearing entitled THE UNITED STATES OF AMERICA TO THE SWISS CON- ORDERS FOR MONDAY, FEBRUARY FEDERATION, AND TO SERVE CONCURRENTLY AND WITH- ‘‘Shutdown: Examining Federal Gov- OUT ADDITIONAL COMPENSATION AS AMBASSADOR EX- ernment Closure Impacts on the Dis- 3, 2014 TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE PRINCIPALITY OF LIECH- trict of Columbia.’’ Mr. REID. I ask unanimous consent TENSTEIN. The PRESIDING OFFICER. Without that when the Senate completes its DEPARTMENT OF HOMELAND SECURITY objection, it is so ordered. business today, it adjourn until 2 p.m. L. REGINALD BROTHERS, JR., OF MASSACHUSETTS, TO f on Monday, February 3, 2014; that fol- BE UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY, lowing the prayer and pledge, the DEPARTMENT OF HOMELAND SECURITY, VICE TARA NATIONAL SCHOOL COUNSELING JEANNE O’TOOLE, RESIGNED. morning hour be deemed expired, the FOREIGN SERVICE WEEK Journal of proceedings be approved to THE FOLLOWING NAMED PERSONS OF THE DEPART- Mr. REID. Madam President, I ask date, and the time for the two leaders MENT OF AGRICULTURE TO BE CONSULAR OFFICERS AND unanimous consent that the Senate be reserved for their use later in the SECRETARIES IN THE DIPLOMATIC SERVICE OF THE proceed to the consideration of S. Res. day; that following any leader re- UNITED STATES OF AMERICA: CHRISTOPHER DAVID FREDERICK, OF MINNESOTA 342. marks, the Senate resume consider- JULIE ANNE MORIN, OF VIRGINIA

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JULIO MALDONADO, OF THE DISTRICT OF COLUMBIA JAMES CARLIN CHARLIFUE, OF VIRGINIA JILL RANDALL, OF NEW MEXICO THE FOLLOWING NAMED MEMBERS OF THE FOREIGN OSVALDO M. DE LA ROSA, OF FLORIDA DAVID ALAN RATLIFF, OF CONNECTICUT SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- MARY EILEEN DEVITT, OF VIRGINIA MICHAEL J. REILLY, OF MAINE TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED ALICIA D. DINERSTEIN, OF NEW YORK KATHERINE–ANN RENIERS, OF NEW YORK STATES OF AMERICA, AS INDICATED: POLLY C. DUNFORD–ZAHAR, OF NEW YORK ALEXANDRA L. RIBOUL, OF THE DISTRICT OF COLUMBIA SECRETARY IN THE DIPLOMATIC SERVICE OF THE CHRISTOPHER WHEATLEY EDWARDS, OF FLORIDA RYDER H. ROGERS, OF TEXAS BRADEN W. ENROTH, OF VIRGINIA MARIELLA ELIZABETH RUIZ RODRIGUEZ, OF CALI- UNITED STATES OF AMERICA: CLAY WILLIAM EPPERSON, OF CALIFORNIA FORNIA OFFICE OF THE UNITED STATES TRADE JASON D. FRASER, OF FLORIDA KALONJI SAMUEL, OF NEW YORK REPRESENTATIVE THEODORE VICTOR GEHR, OF OREGON CHRISTOPHER N. SCHAFFER, OF TEXAS ANDREW MARC HERSCOWITZ, OF CALIFORNIA AARON SCHUBERT, OF ALASKA JAMES BENJAMIN GREEN, OF THE DISTRICT OF COLUM- MARCUS A. JOHNSON, JR., OF VIRGINIA TARA TAYLOR SIMPSON, OF TEXAS BIA NADEREH C. LEE, OF NEW YORK JENNIFER A. SLOTNICK, OF VIRGINIA MARK ANDREW MEASSICK, OF FLORIDA CRAIG A. SMITH, OF CALIFORNIA CONSULAR OFFICERS AND SECRETARIES IN THE DIP- STEVEN GEHALE OLIVE, OF CALIFORNIA JOSHUA J. SMITH, OF VIRGINIA LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: KERRY A. PELZMAN, OF NEW HAMPSHIRE DANIELLE A. SPINARD, OF RHODE ISLAND DEPARTMENT OF AGRICULTURE KURT A. POPE, OF FLORIDA KARTIK SRINIVASAN, OF MICHIGAN MARIA RENDON LABADAN, OF FLORIDA J. DAVID STOTT, OF FLORIDA CANDICE EVETTE PARKER BRUCE, OF GEORGIA GARY ROBBINS, OF COLORADO D. BENJAMIN SWARTLEY, OF THE DISTRICT OF COLUM- JENNIFER ARGUETA CLEVER, OF THE DISTRICT OF CO- PAUL ANDREW SABATINE, OF OREGON BIA LUMBIA LITTLETON WALTER TAZEWELL, OF VIRGINIA JEANNETTE ELIZABETH VAIL, OF OHIO JOSHUA EMMANUEL LAGOS, OF TEXAS RYAN G. WASHBURN, OF FLORIDA SARAH WERTH, OF WASHINGTON LASHONDA V. MCLEOD, OF MISSISSIPPI SARAH W. WINES, OF FLORIDA BRANDY WITTHOFT, OF NEW YORK JOHN P. SLETTE, OF MINNESOTA ANN MARIE YASTISHOCK, OF PENNSYLVANIA BRIAN KEITH WOODY, OF VIRGINIA LINSTON WINSTON TERRY, OF THE DISTRICT OF COLUM- THE FOLLOWING NAMED PERSONS OF THE UNITED THE FOLLOWING NAMED PERSONS OF THE DEPART- BIA STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MENT OF STATE TO BE CONSULAR OFFICERS AND SECRE- ORESTES H. VASQUEZ, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED ROBERT THOMSON WRIGHT, OF WASHINGTON THE CLASSES STATED.–– STATES OF AMERICA: JEFFREY E. ZIMMERMAN, OF MINNESOTA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF KATHLEEN M. ADAMS, OF FLORIDA CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE THE FOLLOWING NAMED CAREER MEMBER OF THE CHARLES J. ADDISON, OF VIRGINIA DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- STERLING K. AINSWORTH, OF VIRGINIA ICA: RICULTURE FOR PROMOTION WITHIN THE SENIOR FOR- CLAUDIA A. ALVAREZ, OF VIRGINIA EIGN SERVICE TO THE CLASS INDICATED, EFFECTIVE JULIE ANN KOENEN, OF CALIFORNIA NAVDEEP AUJLA, OF WASHINGTON JANUARY 27, 2013: MARCIA MUSISI NKAMBWE, OF ARIZONA ROBERT N. BADENHOP, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE MILES F. TODER, OF VIRGINIA BETHANY BARRIENTEZ, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF CAREER PETER E. YOUNG, OF TENNESSEE KATHRYN M. BOSWELL, OF MARYLAND MINISTER: FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ANNA MARIE BOULOS, OF NEW HAMPSHIRE GEOFFREY W. WIGGIN, OF SOUTH DAKOTA CLASS TWO, CONSULAR OFFICER AND SECRETARY IN DORCAS D. BRANNOCK, OF VIRGINIA THE FOLLOWING NAMED PERSONS OF THE DEPART- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF DAVID BYRNES, OF VIRGINIA MENT OF COMMERCE FOR APPOINTMENT AS FOREIGN AMERICA: JUAN C. CACERES, OF VIRGINIA SERVICE OFFICERS OF THE CLASSES STATED: ELISE AYERS, OF MASSACHUSETTS KARN L. CARLSON, OF TEXAS FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF SARAH DREYER, OF FLORIDA CARRINGTON R. CARTER, SR., OF MARYLAND CLASS THREE, CONSULAR OFFICER AND SECRETARY IN LOUIS DUNCAN, OF FLORIDA FLACELIA CELSULA, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF PAMELA L. FESSENDEN, OF NEW HAMPSHIRE TAMARA SAITO CHAO, OF CALIFORNIA AMERICA: RONALD L. GLASS, OF FLORIDA CHRISTOPHER M. CLOSE, OF VIRGINIA KEVIN M. COATS, OF FLORIDA SCOTT THOMAS BRUNS, OF THE DISTRICT OF COLUMBIA REBECCA A. HAMMEL, OF VIRGINIA ZEINAH SALAHI, OF CONNECTICUT CHIANA N. COLEMAN, OF THE DISTRICT OF COLUMBIA KEENTON CHIANG, OF CALIFORNIA KATHLEEN L. COLGAN, OF VIRGINIA ALFRED LANDON LOOMIS, OF LOUISIANA CAROL JEAN WILSON, OF VIRGINIA MARK C. WILT, OF MICHIGAN STEVEN CUPIC, OF VIRGINIA MIGUEL A. HERNANDEZ, OF CALIFORNIA MATTHEW T. DAVIS, OF VIRGINIA HENLEY K. JONES, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF MICHAEL DAVIS, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF CLASS THREE, CONSULAR OFFICER AND SECRETARY IN BYRON H. DENNEY, OF VIRGINIA CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MICHAEL R. DISNER, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA: SEAN DOHERTY, OF VIRGINIA AMERICA: PATRICIA LYNN ALEXANDER, OF VIRGINIA COCO DOWNEY, OF VIRGINIA NICOLE DESILVIS, OF PENNSYLVANIA RICHARD TODD ANDREWS, OF FLORIDA LEON PAUL D’SOUZA, OF VIRGINIA KENNETH WALSH, OF MISSOURI SHARLENE MANPREET KAUR BAGGA–TAVES, OF MICHI- KEVIN Q. DUONG, OF VIRGINIA GAN FRANZ W. DURDLE, OF VIRGINIA THE FOLLOWING–NAMED PERSONS TO BE CONSULAR TAHALIA J. BARRET, OF NEW YORK STACEY C. DUVALL, OF MARYLAND OFFICERS AND SECRETARIES IN THE DIPLOMATIC SERV- ALDER BARTLETT, OF OREGON KATHRYN EDWARDS, OF PENNSYLVANIA ICE OF THE UNITED STATES OF AMERICA: THOMAS GARY BAYER, OF RHODE ISLAND KURT M. EILHARDT, OF THE DISTRICT OF COLUMBIA FRED AZIZ, OF VIRGINIA SARA A. CALVERT, OF MARYLAND THOMAS ELFMONT, OF THE DISTRICT OF COLUMBIA JOEL BLANK, OF THE DISTRICT OF COLUMBIA ANGELA ORNELAZ CARDENAS, OF TEXAS RANDALL T. EVERS, OF MARYLAND TIMOTHY BROWNING, OF VIRGINIA JUDY CHEN, OF NEVADA KAYLAN M. FILLINGHAM, OF MARYLAND DAWN BRUNO, OF NEW YORK RICHARD X. CHEN, OF FLORIDA JACOB K. FISHER, OF FLORIDA JOSEPH CARREIRO, OF VIRGINIA ROBERT D. CLINK, OF PENNSYLVANIA SARAH LINDSEY FLEWELLING, OF MAINE CALLIE H. CONROY, OF MARYLAND DAVID COHEN, OF FLORIDA DAVY E. FOGLER, OF VIRGINIA THOMAS MUENZBERG, OF COLORADO ALICIA CONTRERAS, OF ILLINOIS RAPHAEL A. GARCIA, OF FLORIDA PAUL OLIVA, OF CALIFORNIA MATTHEW WILLIAM CORBIN, OF WASHINGTON JENNIFER K. GORMAN, OF VIRGINIA WILLIAM QUIGLEY, OF THE DISTRICT OF COLUMBIA G. HEATH COSGROVE, OF ALABAMA KEVIN GRIFFITH, OF MARYLAND MICHAEL ROGERS, OF MICHIGAN MOHAMED SANOUSSY DANSOKO, OF CALIFORNIA LEKISHA R. GUNN, OF ALABAMA ARTHUR ROY, OF CALIFORNIA DIANNA LYNN DARSNEY, OF NEW HAMPSHIRE ERIC C. HAMMARSTEN, OF OKLAHOMA AISHA SALEM, OF FLORIDA EILEEN SIOBHAN DERBY, OF NEW YORK KINGSPRIDE HAMMOND, OF VIRGINIA NATHALIE SCHARF, OF KANSAS JENNA MICHELE DIALLO, OF MARYLAND BRETT ETHAN HANSEN, OF VIRGINIA NATHAN SEIFERT, OF UTAH KATHERINE JOY DOW, OF WASHINGTON JOSHUA D. HATCH, OF TEXAS REBECCA TORRES, OF FLORIDA SIMONE DUNCAN, OF FLORIDA CALVIN HAYES, OF FLORIDA JANELLE WEYEK, OF WISCONSIN MICHELLE SHANA DWORKIN, OF NEW YORK GABRIEL LAVON HURST, OF NEW YORK THE FOLLOWING NAMED CAREER MEMBER OF THE JOHN AARON EDGAR, OF WEST VIRGINIA BRIAN JEFFREY HUSAR, OF ILLINOIS SENIOR FOREIGN SERVICE OF THE UNITED STATE AGEN- JO JEAN ELENES, OF ARIZONA CHEN–TZE GEORGE HWANG, OF VIRGINIA CY FOR INTERNATIONAL DEVELOPMENT FOR PRO- IOLI FILMERIDIS, OF CALIFORNIA GREGORY A. JENTZSCH, OF OREGON MOTION INTO AND WITHIN THE SENIOR FOREIGN SERV- JOSEPH T. FOLTZ, OF MICHIGAN DAMION R. JOHNSON, OF NEW YORK ICE TO THE CLASSES INDICATED: AMANDA L. FONG, OF TEXAS BRANDON W. KAPPUS, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE QING LUO FRANCIS, OF GEORGIA KEVIN J. KELLENBERGER, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF CAREER EMILY GARDINER, OF VIRGINIA KATHERINE KIGUDDE, OF CALIFORNIA MINISTER: BENJAMIN GOGGIN GARRETT, OF VIRGINIA CAITLYN KIM, OF NEW YORK THEODORE L. GLENN, OF CALIFORNIA AMY ELIZABETH KORNBLUTH, OF FLORIDA SUSAN K. BREMS, OF VIRGINIA LUIS EDUARDO GUZMAN, OF CALIFORNIA JULIE A. LABORDE, OF NEVADA SHARON LEE CROMER, OF NEW YORK BRYAN HIGHFILL, OF TEXAS MARIANNE E. LEE, OF FLORIDA ROBERTA MAHONEY, OF MASSACHUSETTS W. CULLEN HUGHES, OF COLORADO ADAM A. LUND, OF OREGON MARY CATHERINE OTT, OF MARYLAND SHELBY PATRICK HUNT, OF CALIFORNIA JESSE LYNCH, OF FLORIDA ANDREW B. SISSON, OF VIRGINIA MICHAEL L. JONES, OF NEW YORK NICHOLE L. MADDEN, OF PENNSYLVANIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, SHAWN ELIZABETH ALEXANDRIA JONES, OF NEVADA TIMOTHY A. MILLER, OF VIRGINIA CLASS OF MINISTER–COUNSELOR: ROOPA H. KARIA, OF OREGON CAROLYN I. MOORE, OF MISSOURI JEFFREY W. ASHLEY, OF TEXAS HAELEE KIM, OF NEW JERSEY KARA M. MOORE, OF VIRGINIA JOHN A. BEED, OF MARYLAND MARIA KIM, OF PENNSYLVANIA JESSICA A. MORRIS, OF NEW YORK ROBERT M. CLAY, OF VIRGINIA BRADLEY KLINGSPORN, OF WISCONSIN KENT MULLEN, OF VIRGINIA LAWRENCE HARDY II, OF WASHINGTON KY TU LAM, OF CALIFORNIA STEVEN MULLEN, OF MARYLAND ELIZABETH ANN HOGAN, OF VIRGINIA ROBERT CHASE LAYNG, OF MAINE EMILY M. R. NELSON, OF NEW YORK MARY ALICE KLEINJAN, OF THE DISTRICT OF COLUMBIA LESLIE A. MACKEEN, OF NORTH CAROLINA PHOEBE J. NEWMAN, OF MAINE PETER ANDREW MALNAK, OF NEVADA NORA MOON MADRIGAL, OF CALIFORNIA BRUNO E. NOJIMA, OF VIRGINIA DANA R. MANSURI, OF WASHINGTON LUIS ALFREDO MAES, OF NORTH CAROLINA LAUREN FORBES O’DOHERTY, OF NORTH CAROLINA LAWRENCE A. MESERVE, OF VIRGINIA JERRY L. MARCUS, OF FLORIDA ALEXANDER JOZEF PARCAN, OF PENNSYLVANIA HERBERT B. SMITH, OF DELAWARE ENILDA MARTIN, OF FLORIDA WILLIAM HAIGH PAYNE, OF VIRGINIA DEBORAH R. MILLER, OF HAWAII MARY JO ANN PHAM, OF MASSACHUSETTS THE FOLLOWING NAMED CAREER MEMBERS OF THE ANNE G. MURPHY, OF TEXAS ROBYN A. PUCKETT, OF GEORGIA FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR VERLA CLEOPATHRA LORETTA NATHANIEL, OF THE VIR- GREGORY W. QUICK, OF PENNSYLVANIA FOREIGN SERVICE, AS INDICATED: GIN ISLANDS SEONG HEON RA, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE TIMOTHY ONG, OF CALIFORNIA VALERIE M. REED, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- PHILLIP NEIL PALMER, OF NEW YORK EILEEN R. REQUENA, OF VIRGINIA SELOR: MANDY M. PARHAM, OF MARYLAND NATHAN W. RHOADS, OF VIRGINIA BRUCE ABRAMS, OF CONNECTICUT ESTHER PARK, OF CALIFORNIA AMANDA J. RIVERS, OF VIRGINIA REED J. AESCHLIMAN, OF WASHINGTON NATHAN B. PARK, OF THE DISTRICT OF COLUMBIA SARAH K. G. ROGERS, OF CALIFORNIA R. DOUGLASS ARBUCKLE, OF FLORIDA LORENZO PERDIGUERRA, OF THE DISTRICT OF COLUM- JOSEPH AARON ROZENSHTEIN, OF NEW YORK DOUGLAS HILLARY BALL, OF OREGON BIA PATRICK RUMLEY, OF FLORIDA ARTHUR W. BROWN, JR., OF MARYLAND SHANLEY M. PINCHOTTI, OF THE DISTRICT OF COLUMBIA WILBER N. SAENZ, OF VIRGINIA SEAN EDWARD CALLAHAN, OF NEW YORK ELIZABETH GEWURZ RAMIREZ, OF ILLINOIS SARA E. SAUKAS, OF VIRGINIA

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00051 Fmt 4637 Sfmt 9801 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S660 CONGRESSIONAL RECORD — SENATE January 30, 2014

ROBERT ALLEN SCOTT, OF IOWA DEDRIC J. MORTELMANS, OF VIRGINIA THOMAS LASZLO VAJDA, OF VIRGINIA JOSEPH J. SENCHYSHYN, OF NEW YORK BRIAN D. MOUZON, OF VIRGINIA JAMES E. VANDERPOOL, OF CALIFORNIA JOSEPH F. SKRTIC, OF VIRGINIA ELISA M. MURPHY, OF VIRGINIA PAUL DASHNER WOHLERS, OF WASHINGTON JOSEPH B. SOLLENBERGER, OF THE DISTRICT OF COLUM- JENNIFER K. NAMES, OF VIRGINIA STEVEN EDWARD ZATE, OF FLORIDA BIA MAXXWELL DAVID NANSON, OF VIRGINIA TIMOTHY P. ZUNIGA–BROWN, OF NEVADA SUSAN SKODA SOLLENBERGER, OF THE DISTRICT OF CO- ANDREW NISSEN, OF VIRGINIA THE FOLLOWING NAMED CAREER MEMBERS OF THE LUMBIA ADAM B. NORTON, OF VIRGINIA FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR ANDREA R. STARKS, OF MARYLAND EVELYN A. OKOTH, OF MARYLAND FOREIGN SERVICE, AS INDICATED: CAREER MEMBERS OF JOEL STEWART, OF THE DISTRICT OF COLUMBIA ANDREW JOHN OSORNO, OF CALIFORNIA THE SENIOR FOREIGN SERVICE OF THE UNITED STATES DANIEL STREITFELD, OF TEXAS JEREMY N. PACE, OF LOUISIANA OF AMERICA, CLASS OF COUNSELOR: ELLEN TAMARKIN, OF THE DISTRICT OF COLUMBIA SETH PEAVEY, OF NORTH CAROLINA KELLY ADAMS–SMITH, OF VIRGINIA KIMBERLY S. TIGHEARNAIN, OF VIRGINIA CHRISTOPHER H. PUHL, OF VIRGINIA STEVEN P. ADAMS–SMITH, OF VIRGINIA JEFFERY ALAN TOMASEVICH, OF THE DISTRICT OF CO- CYNTHIA L. RAPP, OF VIRGINIA JORGAN KENDAL ANDREWS, OF VIRGINIA LUMBIA SAMANTHA A. RINGMACHER, OF TEXAS VIRGINIA MEADE BLASER, OF VIRGINIA VALERIE L. ULLRICH, OF NEW HAMPSHIRE DAVID ROBBIE, OF COLORADO SCOTT DOUGLAS BOSWELL, OF THE DISTRICT OF COLUM- LAURA J. VERBISKY, OF MICHIGAN JAMES M. ROBINSON, OF WASHINGTON ERIC WASHABAUGH, OF VIRGINIA BIA DAVID A. RONDON, OF VIRGINIA WILLIAM HARVEY BOYLE, OF ARIZONA RYAN MICHAEL WAYE, OF GEORGIA JEFFREY PAUL SAKURAI, OF CALIFORNIA MICHAEL A. WELCH, OF VIRGINIA MATTHEW GORDON BOYSE, OF CONNECTICUT NISSA SALOMON, OF THE DISTRICT OF COLUMBIA BRIDGET A. BRINK, OF THE DISTRICT OF COLUMBIA MARK A. WELLS, OF VIRGINIA JOCELYN M. SMITH, OF VIRGINIA REBECCA R. WHITE, OF THE DISTRICT OF COLUMBIA MARYKAY LOSS CARLSON, OF TEXAS SEAN Z. SMITH, OF MARYLAND JAMES A. CAROUSO, OF NEW YORK JOHN F. WIEDOWER, OF THE DISTRICT OF COLUMBIA INGRID SPECHT, OF THE DISTRICT OF COLUMBIA DAVID LEE WILLEY, OF SOUTH DAKOTA MELISSA CLEGG–TRIPP, OF WASHINGTON RICKY D. STROH, OF NORTH CAROLINA THEODORE R. COLEY, OF VIRGINIA TIARA WILLIAMS, OF VIRGINIA ANNE C. STURTEVANT, OF THE DISTRICT OF COLUMBIA ODESSA M. WORKMAN, OF THE DISTRICT OF COLUMBIA KELLY COLLEEN DEGNAN, OF CALIFORNIA LIAM O. TOOMEY, OF VIRGINIA LESLIE STEPHEN DEGRAFFENRIED, OF TEXAS HAENIM YOO, OF CALIFORNIA VALERIE M. VASS, OF VERMONT SEAN YOUNG, OF VIRGINIA JILL DERDERIAN, OF MARYLAND CONOR M. WALSH, OF VIRGINIA THOMAS M. DUFFY, OF CALIFORNIA THE FOLLOWING NAMED PERSONS OF THE DEPART- JESSE WALTER, OF WISCONSIN STUART ANDERSON DWYER, OF MAINE MENT OF STATE TO BE CONSULAR OFFICERS AND SECRE- MOLLY M. WEAVER, OF VIRGINIA ANDREW S. E. ERICKSON, OF CALIFORNIA TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED CHRISTINA C. WEST, OF TEXAS THOMAS R. FAVRET, OF PENNSYLVANIA STATES OF AMERICA: LINDSEY S. WHITE, OF VIRGINIA TARA FERET, OF VIRGINIA KATE E. ADDISON, OF VIRGINIA AMY M. WISER, OF VIRGINIA PATRICIA L. FIETZ, OF VIRGINIA EHSAN A. ALEAZIZ, OF WASHINGTON MICHELE D. WOONACOTT, OF CALIFORNIA FRANK JONATHAN FINVER, OF MARYLAND MARVIN J. ALLRED, OF VIRGINIA MICHAEL B. WYATT, OF VIRGINIA DEHAB GHEBREAB, OF VIRGINIA JOSEPH A. ANDERSON, OF VIRGINIA JOSEPH H. ZAMOYTA, OF MARYLAND PAUL G. GILMER, OF CALIFORNIA GINA M. ANDREWS, OF TEXAS WILLIAM F. ZEMAN, OF CONNECTICUT JOSHUA D. GLAZEROFF, OF VIRGINIA CAROLINA J. ASTIGARRAGA, OF VIRGINIA THE FOLLOWING NAMED CAREER MEMBERS OF THE ANTHONY F. GODFREY, OF VIRGINIA KRISTIAN T. BARNEY, OF VIRGINIA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF KATHARINA P. GOLLNER–SWEET, OF VIRGINIA CHRISTINE BELL, OF VIRGINIA STATE FOR PROMOTION INTO AND WITHIN THE SENIOR FRANCISCO JAVIER GONZALES, OF NEW JERSEY JOHN TODD BELMEAR, OF COLORADO FOREIGN SERVICE TO THE CLASSES INDICATED: LAURA MARLENE GOULD, OF VIRGINIA CHARLES M. BENNETT, OF FLORIDA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ERIC F. GREEN, OF THE DISTRICT OF COLUMBIA LADISLAV BERANEK, OF WASHINGTON OF THE UNITED STATES OF AMERICA, CLASS OF CAREER ALLEN S. GREENBERG, OF TEXAS ARVIN BHATT, OF NEW YORK MINISTER: MICHAEL NICHOLAS GREENWALD, OF CALIFORNIA RICHARD BINDRUP, OF NEVADA HENRY HARRISON HAND, OF THE DISTRICT OF COLUMBIA GERALD MICHAEL FEIERSTEIN, OF PENNSYLVANIA TODD C. HOLMSTROM, OF MICHIGAN KENDALL S. BLACKWELL, OF TEXAS ROBERT S. FORD, OF MARYLAND SARAH M. BOMAN, OF UTAH HENRY VICTOR JARDINE, OF VIRGINIA DAVID M. HALE, OF NEW JERSEY LISA ANNE JOHNSON, OF VIRGINIA EDWARD P. BOUCHER, OF VIRGINIA STUART E. JONES, OF VIRGINIA ELIZABETH JANE JORDAN, OF FLORIDA MARK J. BOUCHIE, OF VIRGINIA LINDA THOMAS–GREENFIELD, OF LOUISIANA GEORGE P. KENT, OF VIRGINIA MEGHAN M. BREEN, OF VIRGINIA JOHN STUART KINCANNON, OF THE DISTRICT OF COLUM- CHEYENNE BROWN, OF VIRGINIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, BIA KATE E. BURNS, OF VIRGINIA CLASS OF MINISTER–COUNSELOR: DOUGLAS A. KONEFF, OF MARYLAND VERONICA CASTRO, OF CALIFORNIA RONALD D. ACUFF, OF FLORIDA MICHAEL B. KOPLOVSKY, OF NEW YORK ALTHEA CAWLEY–MURPHREE, OF WASHINGTON DOUGLAS A. ALLISON, OF VIRGINIA STEVEN CHRISTOPHER KOUTSIS, OF MASSACHUSETTS ANDREW CHIRA, OF THE DISTRICT OF COLUMBIA MARJORIE ANN AMES, OF FLORIDA DALE A. LARGENT, OF WASHINGTON SARAH O. CHO, OF VIRGINIA WHITNEY YOUNG BAIRD, OF NORTH CAROLINA LAURA ANNE LOCHMAN, OF NORTH CAROLINA JAMES P. CHYNOWETH, OF FLORIDA ERICA JEAN BARKS–RUGGLES, OF VIRGINIA JAMES L. LOI, OF CONNECTICUT NICHOLAS CORNELL COHEN, OF INDIANA KRISTEN F. BAUER, OF MASSACHUSETTS THEODORE J. LYNG, OF CONNECTICUT ROBERT M. CORNEJO, OF VIRGINIA PAUL S. BEIGHLEY, OF THE DISTRICT OF COLUMBIA JEAN ELIZABETH MANES, OF FLORIDA MARIA B. CORREA, OF TEXAS KATE M. BYRNES, OF FLORIDA ANDREW COOPER MANN, OF WASHINGTON RACHAEL CULLINS, OF INDIANA FLOYD STEVEN CABLE, OF NEW YORK CARLOS F. MATUS, OF MARYLAND MONICA LYNN DAVIS, OF VIRGINIA AUBREY A. CARLSON, OF TEXAS WAYNE AMORY MCDUFFY, OF VIRGINIA EDWARD P. DE MAYE, OF VIRGINIA ANNE S. CASPER, OF NEVADA DAVID SLAYTON MEALE, OF VIRGINIA JONATHAN L. DECANIO, OF VIRGINIA TODD CRAWFORD CHAPMAN, OF TEXAS DAVID MEES, OF MARYLAND MATTHEW P. DORR, OF VIRGINIA KAREN LISE CHRISTENSEN, OF VIRGINIA CHRISTOPHER MIDURA, OF VIRGINIA GARY W. DUNCAN, OF VIRGINIA SUSAN R. CRYSTAL, OF PENNSYLVANIA KEITH W. MINES, OF NEW YORK HADY ELNEIL, OF CALIFORNIA KAREN BERNADETTE DECKER, OF VIRGINIA SARAH CRADDOCK MORRISON, OF VIRGINIA JESSICA A. FELDMAN, OF VIRGINIA KATHLEEN A. DOHERTY, OF NEW YORK SUSAN BUTLER NIBLOCK, OF MARYLAND ROSS FELDMANN, OF THE DISTRICT OF COLUMBIA MARY DALE DRAPER, OF CALIFORNIA KAREN L. OGLE, OF MICHIGAN RYAN E. FLORY, OF THE DISTRICT OF COLUMBIA MICHAEL J. FITZPATRICK, OF FLORIDA KEVIN MICHAEL O’REILLY, OF VIRGINIA WILBUR C. FREDERICK, OF VIRGINIA ROBERT W. FORDEN, OF CALIFORNIA INMI KIM PATTERSON, OF NEW YORK LAURA L. FREEMAN, OF VIRGINIA JENNIFER ZIMDAHL GALT, OF COLORADO BRIAN HAWTHORNE PHIPPS, OF FLORIDA JOSEPH GAI, OF VIRGINIA THOMAS HENRY GOLDBERGER, OF NEW JERSEY THOMAS C. PIERCE, OF OREGON ELIZABETH G. GAY, OF VIRGINIA MARK A. GOODFRIEND, OF CALIFORNIA JOHN MARK POMMERSHEIM, OF FLORIDA GREG GERARDI, OF VIRGINIA ROBERT DANIEL GRIFFITHS, OF NEVADA JOHN ROBERT POST, OF THE DISTRICT OF COLUMBIA ANTHONY GIARRIZZI, OF VIRGINIA KELII J. GURFIELD, OF WASHINGTON LYNETTE JOYCE POULTON, OF CALIFORNIA MARSHA GOLDING, OF VIRGINIA PETER DAVID HAAS, OF FLORIDA TIMOTHY JOEL POUNDS, OF NEVADA CHRISTOPHER DANIEL GOOCH, OF UTAH DANIEL J. HALL, OF TEXAS JEAN E. PRESTON, OF THE DISTRICT OF COLUMBIA LYLE SCOTT GOODE, OF CALIFORNIA DENNIS B. HANKINS, OF VIRGINIA MONIQUE VALERIE QUESADA, OF FLORIDA GARRY E. GRABINS, OF ILLINOIS KATHLEEN D. HANSON, OF THE DISTRICT OF COLUMBIA DAVID J. RANZ, OF NEW YORK SHAI E. GRUBER, OF THE DISTRICT OF COLUMBIA CLIFFORD AWTREY HART, OF VIRGINIA DAVID REIMER, OF VIRGINIA MARK R. GUCWA, OF VIRGINIA JENNIFER CONN HASKELL, OF FLORIDA RICHARD HENRY RILEY IV, OF VIRGINIA WILLIAM K. HAMBLIN, OF VIRGINIA DONALD L. HEFLIN, OF VIRGINIA LYNN WHITLOCK ROCHE, OF VIRGINIA YOUNG MOK HAN, OF CALIFORNIA LEO J. HESSION, JR., OF CALIFORNIA ELIZABETH HELEN ROOD, OF VIRGINIA TIMOTHY J. HANKO, OF VIRGINIA CATHERINE M. HILL–HERNDON, OF PENNSYLVANIA KATHRYN M. SCHALOW, OF VIRGINIA RYAN MATTHEW HANLON, OF SOUTH DAKOTA PERRY L. HOLLOWAY, OF SOUTH CAROLINA DAVID JONATHAN SCHWARTZ, OF VIRGINIA MAXWELL STEINBACH HARRINGTON, OF VIRGINIA JOHN F. HOOVER, OF VIRGINIA DOROTHY CAMILLE SHEA, OF THE DISTRICT OF COLUM- PATRICK BENNETT HARRINGTON, OF CALIFORNIA CHRISTINE L. HUGHES, OF FLORIDA BIA CYNTHIA J. HARTMAN, OF VIRGINIA THOMAS J. HUSHEK, OF THE DISTRICT OF COLUMBIA ADAM MATTHEW SHUB, OF MARYLAND JANET A. HEG, OF WASHINGTON MICHAEL JOSEPH JACOBSEN, OF TEXAS LYNNE P. SKEIRIK, OF NEW HAMPSHIRE MICHELE L. HILTZ, OF VIRGINIA JULIE LYNN KAVANAGH, OF VIRGINIA MICHAEL H. SMITH, OF NEW JERSEY CHADWICK HOUGHTON, OF THE DISTRICT OF COLUMBIA MICHAEL STANLEY KLECHESKI, OF VIRGINIA THOMAS D. SMITHAM, OF MARYLAND SPENCER J. HUBBARD, OF VIRGINIA KENT D. LOGSDON, OF FLORIDA ANDREW SNOW, OF NEW YORK JONATHAN JANKORD, OF VIRGINIA MATTHEW ROBERT LUSSENHOP, OF MINNESOTA SEAN B. STEIN, OF IDAHO TRAVIS WILLIAM JONES, OF MARYLAND MICHAEL WILLIAM MCCLELLAN, OF KENTUCKY JAMES KENT STIEGLER, OF CALIFORNIA SETAREH S. JORGENSEN, OF MARYLAND ROBIN D. MEYER, OF THE DISTRICT OF COLUMBIA MARTINA A. STRONG, OF TEXAS MARY F. KEFFER, OF VIRGINIA JONATHAN M. MOORE, OF ILLINOIS STEPHANIE FAYE SYPTAK–RAMNATH, OF TEXAS DEBORAH ANN KERSHNER, OF COLORADO WENDELA C. MOORE, OF VIRGINIA GREGORY DEAN THOME, OF WISCONSIN CHRIS J. KUCHARSKI, OF CALIFORNIA KIN WAH MOY, OF NEW YORK LAURENCE EDWARD TOBEY, OF NEW JERSEY PATRICK A. LAUGHLIN, OF VIRGINIA WARREN PATRICK MURPHY, OF VIRGINIA LAURIE JO TROST, OF VIRGINIA WINSTON LE, OF THE DISTRICT OF COLUMBIA JULIETA VALLS NOYES, OF FLORIDA LESLIE MEREDITH TSOU, OF VIRGINIA JENNIFER CARMEN LEE, OF VIRGINIA LARRY G. PADGET, JR., OF TEXAS JOHN MICHAEL UNDERRINER, OF OHIO JOHN F. LESO, OF THE DISTRICT OF COLUMBIA VIRGINIA E. PALMER, OF VIRGINIA DENISE A. URS, OF TEXAS EMILY A. LEVASSEUR, OF NEW HAMPSHIRE BETH A. PAYNE, OF THE DISTRICT OF COLUMBIA PETER HENDRICK VROOMAN, OF NEW YORK STACI K. MACCORKLE, OF OREGON MARY CATHERINE PHEE, OF THE DISTRICT OF COLUMBIA GARY S. WAKAHIRO, OF CALIFORNIA RICHARD L. MAHY, OF MARYLAND CLAIRE A. PIERANGELO, OF CALIFORNIA JESSICA WEBSTER, OF DELAWARE SAID MAQSODI, OF VIRGINIA LONNIE J. PRICE, OF VIRGINIA WILLIAM J. WEISSMAN, OF CALIFORNIA KARON E. MASON, OF VIRGINIA ROBIN S. QUINVILLE, OF CALIFORNIA ERIC PAUL WHITAKER, OF CALIFORNIA CHRISTOPHER MCKINNEY, OF TEXAS ELIZABETH H. RICHARD, OF TEXAS FRANK J. WHITAKER, OF SOUTH CAROLINA JOHN J. MCLOONE III, OF VIRGINIA ADELE E. RUPPE, OF MARYLAND HENRY THOMAS WOOSTER, OF VIRGINIA DARREN MCMAHON, OF VIRGINIA SUE ELLEN SAARNIO, OF VIRGINIA THOMAS K. YAZDGERDI, OF FLORIDA JAMES ROBB MCMILLAN, OF VIRGINIA CHRISTIAN J. SCHURMAN, OF VIRGINIA PAUL DOUGLAS YESKOO, OF VIRGINIA DAVID E. MERRELL, OF WASHINGTON KRISTEN B. SKIPPER, OF CALIFORNIA MARTA COSTANZO YOUTH, OF MARYLAND CARRIE A. MIRSHAK, OF OHIO PAUL RANDALL SUTPHIN, OF VIRGINIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, KAREN M. MONTAUDON, OF OREGON MARA R. TEKACH, OF FLORIDA CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND MICHAEL C. MOORE, OF THE DISTRICT OF COLUMBIA MICHAEL STEPHEN TULLEY, OF CALIFORNIA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE MARIA MORENO, OF CALIFORNIA DAVID A. TYLER, OF NEW HAMPSHIRE UNITED STATES OF AMERICA:

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RAYMOND BASSI, OF VIRGINIA JASON DYER, OF NEW MEXICO THOMAS LEE RADKE, JR., OF MISSOURI MARK S. BUTCHART, OF MARYLAND CHRISTOPHER MICHAEL ELMS, OF NEW YORK SCOTT R. RASMUSSEN, OF VIRGINIA RICHARD A. CAPONE, OF VIRGINIA STEPHEN J. ESTE, OF TEXAS KATHERINE O. RAY, OF OREGON JANET A. COTE, OF NEVADA MARCUS GEORGE FALION, OF TENNESSEE NANCY FARQUHAR RHODES, OF TEXAS CAROLYN I. CREEVY, OF VIRGINIA JOHANNA L. FERNANDO, OF TEXAS LEA PALABRICA RIVERA, OF NEW YORK JILL E. DARKEN, OF ILLINOIS JOSEPH ANTON FETTE, OF VIRGINIA LAURA AYLWARD ROBINSON, OF WASHINGTON LON C. FAIRCHILD, OF VIRGINIA KYLE FIELDING, OF WASHINGTON TANYA ELAINE ROGERS, OF TEXAS BARTLE B. GORMAN, OF VIRGINIA ERIK T. FINCH, OF TEXAS TYLER J. ROGSTAD, OF MINNESOTA ALEEN JANICE GRABOW, OF WISCONSIN JESSE KYLE FINKEL, OF THE DISTRICT OF COLUMBIA DOUGLAS B. ROSE, OF MINNESOTA ROBERT ALLEN HALL, OF PENNSYLVANIA COLIN W. FISHWICK, OF WASHINGTON SUSAN ROSS, OF NEW YORK RALPH A. HAMILTON, OF OHIO JOAN H. FLYNN, OF VIRGINIA TERESA ROTUNNO, OF NEVADA ROGER A. HERNDON, OF PENNSYLVANIA PHILIP LOWELL FOLKEMER, OF MARYLAND CAREY HALE RUDELL, OF THE DISTRICT OF COLUMBIA BRUCE J. LIZZI, OF MARYLAND NICOLE LOKOMAIKA I’ KIKUE PROBST FOX, OF HAWAII LAUREN C. SANTA, OF NEW JERSEY DAVID LEE LYONS, OF MARYLAND MATTHEW A. FULLERTON, OF MARYLAND NADIA DINA SBEIH, OF CALIFORNIA MICHAEL M. MACK, OF VIRGINIA AARON ELLIOTT GARFIELD, OF CALIFORNIA JANICE SCHILL, OF CALIFORNIA KATHLEEN A. MCCRAY, OF VIRGINIA GERALDINE B. GASSAM, OF LOUISIANA KIMBERLY K. SCRIVNER, OF NEVADA ALEX G. MCFADDEN, OF FLORIDA JOSEPH GIORDONO–SCHOLZ, OF CALIFORNIA BEHRANG FARIAN SERAJ, OF CALIFORNIA BEVERLY DOREEN ROCHESTER, OF NEVADA ANGELA CARMEN GJERTSON, OF TENNESSEE JAMES P. SHAK, OF ARIZONA THOMAS GERARD SCANLON, OF VIRGINIA SARAH ELIZABETH GJORGJIJEVSKI, OF CALIFORNIA LAUREN C. SHELTON, OF VIRGINIA DEAN K. SHEAR, OF VIRGINIA CATHRYN MARGARET GLEASMAN, OF TEXAS LEVI W. SHEPHERD, OF VIRGINIA THE FOLLOWING NAMED CAREER MEMBER OF THE SAMUEL EVERETT GOFFMAN, OF ILLINOIS AARON M. SINGLETERRY, OF WASHINGTON FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR HOLLYN J. GREEN, OF MASSACHUSETTS MONICA AMELIA SLEDJESKI, OF NEW YORK PROMOTION WITHIN THE SENIOR FOREIGN SERVICE TO CATHERINE PHYLLIS GRIFFITH, OF VIRGINIA LAURENCE J. SOCHA, OF ILLINOIS THE CLASS INDICATED, EFFECTIVE OCTOBER 12, 2008: PRISCILLA GUZMAN, OF TEXAS JEREMY DAVID SPECTOR, OF TEXAS CAREER MEMBER OF THE SENIOR FOREIGN SERVICE JAMES J. HAGENGRUBER, OF WASHINGTON MATTHEW BOUTON STANNARD, OF CALIFORNIA OF THE UNITED STATES OF AMERICA, CLASS OF CAREER LAURA JANE HAMMOND, OF MINNESOTA MATTHEW M. STEED, OF CALIFORNIA CHERYL HARRIS, OF VIRGINIA MINISTER: DAVID S. STIER, OF NEW YORK DANIEL ROSS HARRIS, OF CALIFORNIA ANNA STINCHCOMB, OF VIRGINIA DAVID MICHAEL SATTERFIELD, OF MISSOURI NICHOLAS R. HARRIS, OF VIRGINIA DANETTE I. SULLIVAN, OF TENNESSEE THE FOLLOWING NAMED PERSONS OF THE DEPART- JANEL MARGARET HEIRD, OF MICHIGAN SHANNA DIETZ SURENDRA, OF MICHIGAN MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- PEPIJN M. HELGERS, OF NEW YORK ETHAN KENT TABOR, OF MARYLAND ICE OFFICERS OF THE CLASSES STATED. PATRICIA ADRIENNE HILL, OF MASSACHUSETTS VIOLETA D. TALANDIS, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF LAUREN D. HOLMES, OF NORTH CAROLINA VANESSA ANNE TANTILLO, OF NEW YORK CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE WILLIAM N. HOLTON, JR., OF CALIFORNIA DANIEL J. TARAPACKI, OF NEW YORK DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- VERONICA HONS–OLIVER, OF FLORIDA JAY B. THOMPSON, OF THE DISTRICT OF COLUMBIA ICA: KATHLEEN INGRID HOSIE, OF THE VIRGIN ISLANDS JULIE THOMPSON, OF FLORIDA DONNA J. HUSS, OF INDIANA GRETCHEN L. TIETJE, OF TEXAS MATTHEW D. LOWE, OF THE DISTRICT OF COLUMBIA MOUNIR E. IBRAHIM, OF NEW YORK MELISSA JO GARZA, OF TEXAS PATRICK ALLARD TILLOU, OF VIRGINIA AMENAGHAMWON IYI–EWEKA, OF WISCONSIN NICOLE ANNE MARIE TOBIN, OF KANSAS FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF DANA MARIE JEA, OF VIRGINIA EMERITA F. TORRES, OF NEW YORK CLASS TWO, CONSULAR OFFICER AND SECRETARY IN JENNIFER JENSEN, OF CALIFORNIA MIRNA R. TORRES, OF NEW MEXICO THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MATTHEW B. JONES, OF VIRGINIA TIMOTHY TRANCHILLA, OF MISSOURI AMERICA: RYAN D. KARNES, OF WASHINGTON MARY ELLEN TSEKOS–VELEZ, OF VIRGINIA CHRISTIAN CHARETTE, OF FLORIDA JOANNA TRACY KATZMAN, OF NEW JERSEY GREGORY J. VENTRESCA, OF THE DISTRICT OF COLUM- CYNTHIA ANNE EHRLICH, OF CALIFORNIA JENNIFER ANNE KELLEY, OF FLORIDA BIA ROGER CHANCE SULLIVAN, OF WASHINGTON CRAIG S. KENNEDY, OF WASHINGTON DANIEL VILLANUEVA, OF FLORIDA JANET MARIE KENNEDY, OF FLORIDA DOMINGO J. VILLARONGA, OF NEW YORK FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF MORGAN WHITMIRE KENNEDY, OF THE DISTRICT OF CO- CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN NICHOLAS VON MERTENS, OF NEW HAMPSHIRE LUMBIA DAMIAN GEORGE WAMPLER, OF NEW YORK THE DIPLOMATIC SERVICE OF THE UNITED STATES OF WALTER ANTHONY KERR, OF CONNECTICUT AMERICA: DARREN IBRAHIM WANG, OF CALIFORNIA LAWRENCE J. KORB, JR., OF VIRGINIA THOMAS CHARLES WEBER, OF TEXAS JUANITA LUCIA AGUIRRE, OF TEXAS LORRAINE JEAN KRAMER, OF VIRGINIA BROOKE WEHRENBERG, OF TEXAS MICHAEL AHN, OF CALIFORNIA JACK C. LAMBERT, OF OREGON JOE WELSH, OF CALIFORNIA REBEKAH DAVIS AHRENS, OF THE DISTRICT OF COLUM- BRENT JOSEPH LAROSA, OF MARYLAND CHAD JACOB WESEN, OF WASHINGTON BIA ELIZABETH E. A. LEE, OF WEST VIRGINIA JOHN NOEL WINSTEAD, OF WYOMING RYAN AIKEN, OF UTAH ALEXI LEFEVRE, OF FLORIDA SCOTT B. WINTON, OF MISSOURI R. ANDREW ALLEN, OF VIRGINIA SCOTT HAMILTON LINTON, OF COLORADO STACEY ELIZABETH–VERSIE WOOD, OF CALIFORNIA NAFEESAH ALLEN, OF NEW JERSEY JONATHAN L. LOW, OF THE DISTRICT OF COLUMBIA THOMAS N. WOTKA, OF VIRGINIA NATALIA ALMAGUER, OF FLORIDA W. GARY LOWMAN, JR., OF FLORIDA CHRISTIAN S. YUN, OF CALIFORNIA MAYRA ALEJANDRA ALVARADO TORRES, OF CALI- SCOTT C. LUEDERS, OF FLORIDA RUSSELL A. ZALIZNIAK, OF FLORIDA FORNIA AMANDA LUGO, OF TEXAS WILBUR G. ZEHR, OF NEW YORK MOLLY MCKNIGHT AMADOR, OF TENNESSEE IAN ROBERT MACKENZIE, OF THE DISTRICT OF COLUM- KRISTER BERNT ANDERSON, OF MARYLAND BIA THE FOLLOWING NAMED PERSONS OF THE DEPART- REBECCA ARCHER–KNEPPER, OF VIRGINIA ERIN RUTH MAI, OF VIRGINIA MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- JOHN S. ARMIGER, OF COLORADO NAVEED AHMED MALIK, OF TEXAS ICE OFFICERS OF THE CLASSES STATED. BRIAN P. ASMUS, OF FLORIDA MATTHEW R. MALOY, OF MONTANA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF WILLIAM P. ASTILLERO, OF NEW JERSEY ARYANI ELISABETH MANRING, OF PENNSYLVANIA CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE KARA B. BABROWSKI, OF FLORIDA NICHOLAS B. MANSKE, OF WISCONSIN DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- ZACHARY BAILEY, OF MARYLAND TARA L. MARIA, OF VIRGINIA ICA: JUDITH E. BAKER, OF NEW HAMPSHIRE IZAAK MARTIN, OF WASHINGTON KEVIN TIMOTHY COVERT, OF MARYLAND TERESA SUSAN BALL, OF TENNESSEE JUAN D. MARTINEZ, OF NEW YORK JANET WOODBURY MILLER, OF NEW YORK DAWN ELIZABETH BEAUPAIN, OF FLORIDA LAUREN D. MATACK, OF CALIFORNIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ESTHER FALCON BELL, OF RHODE ISLAND TRISHITA MAULA, OF NEW YORK CLASS TWO, CONSULAR OFFICER AND SECRETARY IN JESSICA ERIN BERLOW, OF FLORIDA KELLY JEAN MCANERNEY, OF PENNSYLVANIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF VIRGINIA ELEANOR BLAKEMAN, OF NEW YORK JAMES PATRICK MCCORMICK, OF ILLINOIS AMERICA: CHELAN BLISS, OF WASHINGTON JOHN B. MCDANIEL, OF TEXAS AJA CITTRECE BONSU, OF TEXAS GREGORY G. MCELWAIN, OF NEW MEXICO K. ANNA KOSINSKA, OF FLORIDA ANTHONY JUNG BONVILLE, OF TEXAS KELLY A. MCGUIRE, OF TEXAS YOLANDA A. PARRA, OF FLORIDA VIRGILE GEORGES BORDERIES, OF CALIFORNIA RYAN EDWARD MCKEAN, OF WISCONSIN FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ASHLEY CHANTEL BORDNER, OF PENNSYLVANIA GREGORY MEIER, OF MARYLAND CLASS THREE, CONSULAR OFFICER AND SECRETARY IN DAVID SEAN BOXER, OF CALIFORNIA ROBERT E. MELVIN, OF TEXAS THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ANNE BRAGHETTA, OF CALIFORNIA MATAN MEYER, OF FLORIDA AMERICA: VIRGINIA CLAIRE BREEDLOVE, OF CALIFORNIA AYSA MATTHEW MILLER, OF THE DISTRICT OF COLUM- KATHERINE MARIE DIOP, OF MARYLAND BRIGETTE BUCHET, OF MARYLAND BIA VANIA Z. GARCIA, OF VIRGINIA RAVI FRANKLIN BUCK, OF MISSOURI BEAU JUSTIN MILLER, OF MICHIGAN JAHN FRANK JEFFREY, OF VIRGINIA PETER BURBA, OF CALIFORNIA BENJAMIN J. MILLS, OF NEW MEXICO MICHAEL STELLARD OBRYON, JR., OF FLORIDA MATTHEW A. BUSHELL, OF CONNECTICUT SEAN PATRICK MOFFATT, OF NEW YORK NIKK SOOKMEEWIRIYA, OF VIRGINIA WILLIAM A. CAMPBELL, OF WISCONSIN JEREMY JASON MONKS, OF VIRGINIA CARINA R. CANAAN, OF FLORIDA NAVARRO MOORE, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF NATALIA DEL PILAR CAPEL, OF FLORIDA PATRICIA RENEE MORALES, OF TEXAS CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN ALYSSA M. CARALLA, OF GEORGIA ROBERT E. MORGAN, OF TEXAS THE DIPLOMATIC SERVICE OF THE UNITED STATES OF OMAR CARDENTEY, OF FLORIDA CHAD WILLIAM MORRIS, OF COLORADO AMERICA: MARCUS BLAIR CARPENTER, OF THE DISTRICT OF CO- STEPHEN MRAZ, OF FLORIDA KRISTEN ELIZABETH AANSTOOS, OF FLORIDA LUMBIA MILESSA N. MUCHMORE–LOWRIE, OF TEXAS BENJAMIN J. ABBOTT, OF NEW YORK DANIEL C. CARROLL, OF HAWAII CHARLES VINCENT MURPHY, OF CALIFORNIA VANESSA GRACE ACKER, OF TEXAS MELISSA ANN RHODES CARTER, OF ARKANSAS W. MARC MURRI, OF UTAH ZIA AHMED, OF MASSACHUSETTS ANDREW NICHOLAS CARUSO, OF VIRGINIA KATHERINE MUSGROVE KETCHUM, OF KANSAS JOEL DUNIWAY ALLEY, OF OREGON MICHAEL PATRICK CASEY, OF VIRGINIA MARK ROBERT NAYLOR, OF TEXAS SYED MUJTABA ANDRABI, OF WASHINGTON BETH M. CHESTERMAN, OF TEXAS PATRICIA NEARY, OF VIRGINIA JEFFREY MICHAEL AUSTIN, OF FLORIDA JONATHAN B. CHESTNUT, OF GEORGIA LINDA A. NEILAN, OF NEW JERSEY NATHAN DOUGLAS AUSTIN, OF WASHINGTON SARAH JANE CIACCIA, OF TENNESSEE THOMAS ANDREW NIBLOCK, OF IOWA MICHELLE E. AZEVEDO, OF CALIFORNIA ERIN JORDAN CLANCY, OF CALIFORNIA JOHN DAVID NORDLANDER, OF COLORADO EMILY HARTER BALL, OF TEXAS TRAVIS JOHN COBERLY, OF KANSAS ELIZABETH NORMAN, OF WASHINGTON PATRICK BALL, OF TEXAS JACLYN ANNE COLE, OF MARYLAND FREDERICK NICHOLAS NOYES, OF TEXAS JESSICA ROHN BANULS, OF VIRGINIA DESIREE MICHELLE CORMIER, OF CALIFORNIA AUTUMN K. OAKLEY, OF WASHINGTON GRAHAM GLYN BARKER, OF FLORIDA CHRISTOPHER A. CRAWFORD, OF UTAH ELIZABETH CURRAN O’ROURKE, OF ILLINOIS JARI D. BARNETT, OF OKLAHOMA CHRISTOPHER B. CREAGHE, OF COLORADO ALEXANDER R. ORR, OF NEW YORK JENNIFER ALAYNE BARR, OF INDIANA ROBIN SLOAN CROMER, OF SOUTH CAROLINA MICHELLE R. OSADCZUK, OF FLORIDA AMANDA K. BECK, OF CALIFORNIA JUAN C. CRUZ, OF FLORIDA ANDREW J. PARTIN, OF NEW HAMPSHIRE MICHELLE NICOLE BENNETT, OF CALIFORNIA GAETAN WILLIAM DAMBERG–OTT, OF NEW YORK MARY LILLIAN PELLEGRINI, OF NEW HAMPSHIRE ANDREW BERDY, OF NEW JERSEY JESSICA RENEE DANCEL, OF COLORADO XIXALA SANDRA PEREZ, OF VIRGINIA JOSEPH STEPHEN BERNATH, OF PENNSYLVANIA SCOTT B. DARGUS, OF WASHINGTON LISA MARIE PETZOLD, OF NEW YORK RICHA SONI BHALA, OF ILLINOIS PETER JOHN DAVIDIAN, OF OHIO JULIAN I. PHILLIPPI, OF OHIO ALISSA M. BIBB, OF NEW YORK JUSTIN E. DAVIS, OF GEORGIA CAITLIN S. PIPER, OF NEW HAMPSHIRE DUSTIN REEVE BICKEL, OF GEORGIA NEIL MICHAEL DIBIASE, OF FLORIDA RICHARD JOHN POLNEY, OF NEVADA MARQUIS MCLEMORE BOYCE, OF GEORGIA TRENTON BROWN DOUTHETT, OF OHIO MARIA DEL PILAR QUIGUA, OF MASSACHUSETTS RYAN G. BRADEEN, OF MAINE SADIE ELEN DWORAK, OF NEW HAMPSHIRE RYAN M. QUINN, OF FLORIDA MATTHEW MCMAHON BRIGGS, OF NEW HAMPSHIRE

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00053 Fmt 4637 Sfmt 9801 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S662 CONGRESSIONAL RECORD — SENATE January 30, 2014

BARRETT G. BRYSON, OF CALIFORNIA MICHAEL JAMES SCHARDING, OF VIRGINIA ABIGAIL M. SPENGLER, OF COLORADO SARAH A. BUDDS, OF SOUTH CAROLINA NILESH KANTILAL SHAH, OF CALIFORNIA NORA T. STAAL, OF VIRGINIA JOHN P. CALLAN, OF WASHINGTON GREGORY D. SIMKISS, OF GEORGIA NICK STOJANOVICH, OF THE DISTRICT OF COLUMBIA JOSEPH CHRISTOPHER CARNES, OF OHIO BARRY SMITH, OF WASHINGTON CAMERON D. THOMAS–SHAH, OF MICHIGAN MAUREEN CHAO, OF CONNECTICUT LEVI RADMAN SMYLIE, OF FLORIDA AARON M. THOMPSON, OF VIRGINIA JESSICA CHESBRO, OF OREGON SAUNDRA M. SNIDER–PUGH, OF VIRGINIA HARRY R. THOMPSON III, OF ILLINOIS W. JOSEPH CHILDERS, OF OHIO WILLIAM CATLETT SOLLEY, OF VIRGINIA JULIA B. THOMPSON, OF VIRGINIA MARJORIE E. CHRISTIAN, OF TEXAS ADAM B. STERN, OF FLORIDA MATTHEW V. TOMPKINS, OF CALIFORNIA SARAH KATHLEEN CLYMER, OF MINNESOTA STACEY D. SUTTON, OF GEORGIA LARS TRAY, OF THE DISTRICT OF COLUMBIA CHRISTOPHER COLLINGTON, OF FLORIDA NATELLA V. SVISTUNOVA, OF OREGON BRYANA K. TUCCI, OF VIRGINIA BRIAN M. COMMAROTO–ROVERINI, OF NEW JERSEY PETER J. SWEENEY, OF NEW JERSEY JEFFREY L. UNDERCOFFER, OF MARYLAND WILLIAM ROBERT COOK, OF CALIFORNIA HUMZA TARAR, OF FLORIDA MARTIN VAUGHAN, OF IDAHO FAUSTO P. DEGUZMAN, OF WASHINGTON NATHANIEL TEK, OF NEW JERSEY IVAN VILELA, OF NEW JERSEY JONATHAN MORRIS DENNEHY, OF MASSACHUSETTS ROBERT EMIL TIBBETTS, OF SOUTH CAROLINA DANIEL RICHARD WALKER, OF NEW YORK PHILLIP ANTHONY DE SOUZA, OF MARYLAND SERGEY S. TROITSKY, OF FLORIDA ADAM MICHAEL WALLINGFORD, OF NEBRASKA JILL WISNIEWSKI DIETRICH, OF THE DISTRICT OF CO- KEVIN A. VAILLANCOURT, OF WEST VIRGINIA PHILLIP JAMES WALSKY, OF CALIFORNIA LUMBIA GARETH VAUGHAN, OF FLORIDA RANDY R. WANIS, OF VIRGINIA NOAH A. DONADIEU, OF PENNSYLVANIA JUSTINE ELIZABETH VEIT, OF MISSOURI KRISTEN ELIZABETH WEAVER, OF CALIFORNIA GIDEON T. DONOHO, OF NEW YORK GEOFFREY DAVID LISLE WESSEL, OF NORTH CAROLINA DAMON A. WILLIAMS, OF CALIFORNIA EMILY BOND DUNIVANT, OF TENNESSEE ERIN MARIE WILLIAMS, OF TEXAS THOMAS G. WINSTON, OF VIRGINIA GEORGE ANDREW DUSOE, OF NEW HAMPSHIRE BRIAN K. WINGATE, OF WASHINGTON PAUL WULFSBERG, OF MASSACHUSETTS ALLISON D. DYESS, OF TEXAS ALEXIS SATHRE WOLFF, OF VIRGINIA WILLIAM ECHOLS, OF WASHINGTON HSUEH–TING WU, OF CALIFORNIA THE FOLLOWING NAMED PERSONS OF THE DEPART- KARIN MARIE EHLERT, OF MINNESOTA JOHN ANTHONY GERHARD YODER, OF THE DISTRICT OF MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- JESSICA D. EL BECHIR, OF LOUISIANA COLUMBIA ICE OFFICERS OF THE CLASSES STATED. JEFFREY GORDON ELSEN, OF WISCONSIN FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF THE FOLLOWING NAMED MEMBERS OF THE FOREIGN JENNIFER SUZANNE EMPIE, OF NEW YORK CLASS THREE, CONSULAR OFFICER AND SECRETARY IN SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES MICHAEL A. ERVIN, OF WASHINGTON THE DIPLOMATIC SERVICE OF THE UNITED STATES OF IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CRAIG J. FERGUSON, OF OREGON AMERICA: AMERICA: TIMOTHY J. FOLEY, OF FLORIDA BEATA ANGELICA, OF CALIFORNIA SONNET FERNANDEZ FRISBIE, OF TEXAS GABRIELA R. ARIAS VILLELA, OF FLORIDA BELGIN JENNIFER VANDERPLOEG, OF CALIFORNIA SEAN MARIANO GARCIA, OF FLORIDA SAYED FAHIM AZIZI, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF LAUREN LEIGH GARZA, OF WASHINGTON SUZANNE BALSAM, OF VIRGINIA CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN MAXIMILIAN ROBERT PEREZ GEBHARDT, OF NEW JER- KATRINA MARIA BARNAS, OF NEW YORK THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SEY JUAN BARRAGAN, OF VIRGINIA IVNA GIAUQUE, OF UTAH ASHLEY BARTLETT, OF FLORIDA AMERICA: JOHN GOSHERT, OF INDIANA KATE BARTLETT, OF FLORIDA ANTONIO GABRIELE AGNONE, OF THE DISTRICT OF CO- COLLIER F. GRAHAM, OF MISSISSIPPI YANIV BARZILAI, OF NORTH CAROLINA LUMBIA MARK OSTAPOVYCH GUL, OF VIRGINIA ALEXANDER BENJAMIN BELLAH, OF VIRGINIA CLAYTON ALEXANDER ALDERMAN, OF CALIFORNIA MICHAEL L. GUNZBURGER, OF CALIFORNIA EMMANIA R. BLUM, OF NEW YORK LEAH GRACE ALLEN, OF ARKANSAS RENE GUTEL, OF ARIZONA EMILY ROSE BRANDT, OF TEXAS ERIC P. ANDERSEN, OF THE DISTRICT OF COLUMBIA TAMRA KAY HACKETT, OF THE DISTRICT OF COLUMBIA JOHN CERABINO–HESS, OF CALIFORNIA NATHAN ANDERSON, OF TEXAS CRISTINA–ASTRID HANSELL, OF CALIFORNIA RYAN CLAY, OF VIRGINIA ANDREA LYNNE AQUILLA, OF MARYLAND DAVID H. HASKETT, OF MARYLAND TYLER E. CRUSE, OF GEORGIA EMILY M. ARMITAGE, OF VIRGINIA NICKOLAUS HAUSER, OF TEXAS MICHAEL SEAN CULLINAN, OF SOUTH CAROLINA ERIC TRANSFELDT ATKINS, OF WASHINGTON ELAINE MARIE HENSLE, OF VIRGINIA MARCELINA M. DA SILVA, OF VIRGINIA MARK MADISON ATKISSON, OF NEW JERSEY BENJAMIN D. HESPRICH, OF VIRGINIA MARIA DAVYDENKO, OF ALASKA JOSEPH BAGGA–TAVES, OF MICHIGAN KATE ELIZABETH HIGGINS, OF VIRGINIA DARSHANE M. DAWLEY, OF VIRGINIA BARRY MICHAEL BELKNAP, OF MINNESOTA SIRLI HILL, OF VIRGINIA TERRI NATHINE FRANCES DAY, OF NORTH CAROLINA JEREMY R. BERNDT, OF MASSACHUSETTS MARCIA E. HOUSE, OF GEORGIA JOSHUA ROBERT DELARA, OF NEW YORK ELIZABETH J. BLUMENTHAL, OF THE DISTRICT OF CO- MARCUS RYAN JACKSON, OF FLORIDA MARTHA J. DEMOS, OF FLORIDA LUMBIA TIFFANY L. JACKSON, OF FLORIDA KATRINA NICOLE DRAYTON, OF MICHIGAN DOUGLAS R. BOUDREAU, OF VIRGINIA JOSEPH V. JAMES, OF VIRGINIA ARTHUR DYMOND, OF VIRGINIA CHARITY L. BOYETTE, OF VIRGINIA DANA EDWARD JENSEN, OF NEW YORK JOSEPH A. DZMURA, OF VIRGINIA MEGHAN EILEEN BRADLEY, OF VIRGINIA RIAN L. JENSEN, OF WASHINGTON ROBERT GEORGE EHRMANN, OF THE DISTRICT OF CO- JODI R. BREISLER, OF MINNESOTA ANNE DUDTE JOHNSON, OF THE DISTRICT OF COLUMBIA LUMBIA ALAN Z. BRINKER, OF OHIO LINDA MARIE JOHNSON, OF THE DISTRICT OF COLUMBIA NASHWA N. ELGADI, OF MASSACHUSETTS JOHN S. BROWN, OF WASHINGTON ALEX MICHAEL JONES, OF WISCONSIN LOGHMAN FATTAHI, OF VIRGINIA CIERA DAWN BURNETT, OF MASSACHUSETTS AARON JAMES KADKHODAI, OF NEW HAMPSHIRE PERLA GABRIELA FERNANDEZ, OF KANSAS MARGARET CATHERINE CAMPBELL, OF VIRGINIA CHRISTEN DECKER KADKHODAI, OF NEW HAMPSHIRE SARAH GARDINER, OF CONNECTICUT LEANNE R. CANNON, OF VIRGINIA LISA K. KALAJIAN, OF FLORIDA ANTHONY PETER GEORGIANNI, OF VIRGINIA NOAH CLARK, OF WASHINGTON MARJON E. KAMRANI, OF TENNESSEE MATTHEW J. GOODMAN, OF VIRGINIA REBECCA MARIE DANIS, OF MISSOURI STEPHANIE J. KANG, OF MISSOURI KATY A. GORE, OF VIRGINIA GIANGHIA NAR DAO, OF CONNECTICUT JESSICA LEVY KANIA, OF NEW JERSEY ERIC T. HAN, OF CALIFORNIA SANDYA LAKSHMI DAS, OF THE DISTRICT OF COLUMBIA MATHEW KAWECKI, OF CALIFORNIA GARRETT HARKINS, OF NEW YORK CHRISTOPHER A. DAVENPORT, OF VIRGINIA MAX EDMUND KENDRICK, OF NEW YORK STEPHEN CAREY HARRIS, JR., OF MISSOURI ALISON EVANS DAVIS, OF MARYLAND SALMAN KHAN KHALIL, OF VIRGINIA KARI ELAYNE HATCHER, OF MICHIGAN EUGENIA WALKER DAVIS, OF OHIO SHANA LEE KIERAN, OF MAINE JOELY EILEEN HILDEBRAND, OF OHIO ANDREA JO DE ARMENT, OF OHIO CARINA DEA KLEIN, OF THE DISTRICT OF COLUMBIA DANIEL JOSEPH HOFFMAN, JR., OF TEXAS GABRIEL DEL BOSQUE, OF TEXAS ROBERT EDWARD KRIS, OF NEW YORK NAHDER BRYANT HOUSHMAN, OF ILLINOIS DANIEL A. DEL CASTILLO, OF FLORIDA KLAUDIA G. KRUEGER, OF FLORIDA HUI JUN TINA HUANG, OF VIRGINIA JAMES BUTLER DEWEY, OF WASHINGTON JAMES R. KUYKENDALL, OF OKLAHOMA ANTHONY A. IPPOLITI, OF VIRGINIA JUAN DOMENECH CLAR, OF PUERTO RICO ATHENA KWEY, OF CALIFORNIA STANLEY N. JAREK, OF WASHINGTON CHRISTOPHER M. DUMM, OF VIRGINIA KRISTINA D. LAW, OF VIRGINIA BRIAN C. JOHNSON, OF THE DISTRICT OF COLUMBIA THOMAS ELAND EDWARDSEN, OF WASHINGTON ANDREW ROTHSCHILD LEDERMAN, OF THE DISTRICT OF LESHAWNA R. JOHNSON, OF NEW YORK BRETT ANDREW EGGLESTON, OF TEXAS COLUMBIA NATHAN BENJAMIN JOHNSON, OF CALIFORNIA BENJAMIN HARRIS ELLIS, OF VIRGINIA MIKAEL DANIEL LURIE, OF OREGON DANIEL P. JOYCE, OF FLORIDA JOSEPH FARBEANN, OF THE DISTRICT OF COLUMBIA NATHANAEL MORRISON LYNN, OF THE DISTRICT OF CO- RYAN T. JOYCE, OF VIRGINIA PETER RICHARD FASNACHT, OF NEW JERSEY LUMBIA STACEY S. KERNS, OF GEORGIA T’ERRANCE ELLIOTT FAVORS, OF COLORADO ALEXANDER C. MACFARLANE, OF PENNSYLVANIA GLORYA SING KEY, OF WASHINGTON JOHN P. FER, OF THE DISTRICT OF COLUMBIA ANDREW MALANDRINO, OF VIRGINIA DONG WAN KIM, OF VIRGINIA JOSHUA N. FINCH, OF WYOMING DAVID R. P. MARTINEZ, OF NEW MEXICO KENNETH M. LAM, OF THE DISTRICT OF COLUMBIA DOUGLAS L. FLITTER, OF PENNSYLVANIA EMMA OLWEN PAMELA MARWOOD, OF NEW YORK EDITH HOPE LEE, OF WASHINGTON MICHAEL KENT FOGO, OF GEORGIA ALAN DANIEL MCCARTHY, OF VIRGINIA HAI F., LI, OF VIRGINIA TARA EILEEN FOLEY, OF MASSACHUSETTS CHARLES ELLIOTT MCCLELLAN, OF ARIZONA DANIEL M. LISS, OF FLORIDA MARY FRANGAKIS, OF NEW YORK WILLIAM APPLETON MCCUE, OF MAINE TIMOTHY PETER LOCKWOOD, OF ARIZONA NEIL STEVEN GIPSON, OF NEBRASKA DANIEL E. MEHRING, OF CALIFORNIA CHRISTIAN MCCORMICK LOUBEAU, OF NEW YORK EMILY ANNE GODFREY, OF ARIZONA DOERING S. MEYER, OF TEXAS MACIEJ JAN LUCZYWO, OF NEW YORK RAFAEL ANCHETA GONZALEZ, OF TENNESSEE LEONEL GREENE MIRANDA, OF THE DISTRICT OF COLUM- SAMIRA MARR, OF VIRGINIA EMILY R. GREEN, OF VIRGINIA BIA JILLIAN AMBER MCCOY, OF MARYLAND SARA D. GREENGRASS, OF FLORIDA MICHAEL WALTER MITCHELL, OF CALIFORNIA JONATHAN DEMETRIUS MCMASTER, OF MARYLAND CHRISTOPHER M. GRELLER, OF WYOMING MICHAEL J. MOODY, OF UTAH RACHEL B. MEHRAVARI, OF NEW YORK TRAVIS A. GROUT, OF OHIO YOON S. NAM, OF CALIFORNIA STEPHEN C. MERCADO, OF VIRGINIA TOMAS ANDRES LEVY GUERRERO, OF VIRGINIA PAUL W. NEVILLE, OF WASHINGTON SALLY MEYERS, OF THE DISTRICT OF COLUMBIA CRAIG ACTON HALBMAIER, OF NEW HAMPSHIRE JENNIFER K. NILSON, OF WISCONSIN TIFFANY MICHELLE MILLER, OF NORTH CAROLINA ADAM C. HALVERSON, OF COLORADO RICHARD ANDREW O’NEAL, OF GEORGIA SALVADOR CHAIDEZ MOLINA, OF CALIFORNIA CHRISTOPHER THADDEUS WESTON HARTFIELD, OF ZENNIA D. PAGANINI, OF MARYLAND MICHAEL A. MORENO, OF VIRGINIA GEORGIA REENA PATEL, OF TEXAS TYLER S. MOSELLE, OF THE DISTRICT OF COLUMBIA TIMOTHY F. HAYNES, JR., OF NEW YORK DARIN ANN PHAOVISAID, OF ILLINOIS SARAH E. MOYER, OF NEVADA LISA RAY HECHT-CRONSTEDT, OF FLORIDA GRANT G. PHILLIPP, OF ILLINOIS CHRISTOPHER R. MULLIN, OF CALIFORNIA HOLLY M. HECKMAN, OF ALABAMA ARCHANA PODDAR, OF MASSACHUSETTS EMILY Y. NARKIS, OF THE DISTRICT OF COLUMBIA NEIL HELBRAUN, OF ILLINOIS CHRISTOPHER THOMAS POLILLO, OF ILLINOIS DOMINIC THUAN VINH NGUYEN, OF CALIFORNIA ANTHONY J. HENDON, OF MICHIGAN ADRIAN J. PRATT, OF FLORIDA THAO THI NGUYEN, OF MASSACHUSETTS JACQUELINE BRETT HERNANDEZ, OF FLORIDA KARA LEE PREISSEL, OF FLORIDA NATALIE ANN OLDANI, OF VIRGINIA MARK HERRUP, OF MARYLAND MICHAEL JOSEPH PRYOR, OF RHODE ISLAND KABEER PARWANI, OF MASSACHUSETTS SHANNON PIPER HILL, OF THE DISTRICT OF COLUMBIA AARON DAVID RADER, OF MARYLAND MARYCLAIRE PEROUTKA, OF VIRGINIA ANA ELIZABETH HIMELIC, OF ARIZONA AMY NICOLE REICHERT, OF COLORADO HOMER C. PICKENS, OF VIRGINIA AMY SERINA HIRSCH, OF THE DISTRICT OF COLUMBIA MICHAEL RICHARDS, OF FLORIDA TREVA MARIE POWERS, OF COLORADO ELIZABETH A. HOLCOMBE, OF FLORIDA RITA ALICIA BUCK RICO, OF CALIFORNIA JASON E. RASKIN, OF VIRGINIA DANIEL J. HORNING, OF OHIO JASON CORCORAN ROBERTS, OF VIRGINIA MARK J. REDMOND, OF CONNECTICUT KRISTEN J. HUGHES, OF MICHIGAN BENJAMIN O. ROGUS, OF CALIFORNIA KRISTINA ROSALES KOSTRUKOVA, OF VIRGINIA JASON RAY HUTCHISON, OF FLORIDA MICHELE ROULBET, OF ILLINOIS THOMAS ROSEN–MOLINA, OF CALIFORNIA BRANDON JOVAN JACKSON, OF FLORIDA MACKENZIE L. ROWE, OF WASHINGTON MALIKAT OLAMIDE RUFAI, OF ILLINOIS JINANSHU CHINMAY JAIN, OF PENNSYLVANIA ALAN R. ROYSTON, OF FLORIDA LUIS ARMANDO SANCHEZ, OF VIRGINIA HUGO A. JIMENEZ, OF VIRGINIA SUSAN A. RUSSELL, OF MASSACHUSETTS VALERIE J. SANTOS, OF VIRGINIA AMANDA JOHNSON MILLER, OF THE DISTRICT OF COLUM- CRAIG ANTHONY RYCHEL, OF CALIFORNIA MARY SARGENT, OF VIRGINIA BIA DAVID V. SALVO, OF PENNSYLVANIA MATTHEW C. SPADE, OF VIRGINIA MARK RICHARD JORGENSEN, OF MINNESOTA

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00054 Fmt 4637 Sfmt 9801 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 30, 2014 CONGRESSIONAL RECORD — SENATE S663

STEVEN COLLAT KAMENY, OF THE DISTRICT OF COLUM- ALEX FRANCIS ANDREW, OF TENNESSEE MARK D. NORRIS, OF VIRGINIA BIA CYRUS A. ATTIA, OF VIRGINIA MARTIN C. OH, OF VIRGINIA NAHAL KAZEMI, OF CALIFORNIA ELENA CHRISTINA AUGUSTINE, OF WASHINGTON CHRISTIAN R. OLSEN, OF MARYLAND JONATHON A. KENT, OF IOWA JEFFREY SEAN BARRUS, OF UTAH CINDY L. OTIS, OF VIRGINIA SAMANTHA Y. KUO, OF CALIFORNIA BENJAMIN JOSEPH BAUGHMAN, OF ILLINOIS MARK STEVEN PADGETT, JR., OF VIRGINIA PAEBO KURIAN, OF CALIFORNIA CHRISTOPHER BEALOR, OF VIRGINIA KRISTI H. PATTON, OF VIRGINIA JEFFREY L. LADENSON, OF NEW HAMPSHIRE BLAIRE E. BINGHAM, OF VIRGINIA EDWARD C. PERRY, OF TEXAS CHRISTINA T. LE, OF TEXAS KATHRYN ELIZABETH BOLOGNA, OF THE DISTRICT OF NORMAN R. PFLANZ, OF NEBRASKA ELEESHA M. LEWIS, OF VIRGINIA COLUMBIA VIRGINIA B. PIERSON II, OF VIRGINIA LI PING LO, OF VIRGINIA STEPHEN G. BOWEN, OF THE DISTRICT OF COLUMBIA ERICA M. PINERO, OF VIRGINIA ANGELA ITOGE MANALO, OF CALIFORNIA ELIZABETH LAUREEN EVANS BRADY, OF VIRGINIA JAMISON FRANK PIXLEY, OF MASSACHUSETTS PATRICK MARTINO, OF WISCONSIN KEVIN L. BRENDLE, OF FLORIDA AMY C. POLISHUK FUCHS, OF VIRGINIA KUROSH MASSOUD ANSARI, OF VIRGINIA ANDREW GARY BURTON, OF VIRGINIA CHRISTOPHER M. POTHOVEN, OF THE DISTRICT OF CO- AMIT MATHUR, OF VIRGINIA SARAH M. CARLSON, OF VIRGINIA LUMBIA SARAH LOSS MATHUR, OF VIRGINIA RANA KANAAN CASTEEL, OF VIRGINIA ANSSI I. PULKKINEN, OF VIRGINIA CASH LEE MCCRACKEN, OF TENNESSEE RODERICK ZANE CHAMBERS, OF TEXAS SARAH M. PURCELL, OF VIRGINIA CHRISTOPHER PAUL MEADE, OF VIRGINIA MOLLY PATRICIA CHINCHILLA, OF ALASKA RYAN JEFFREY PURNELL, OF THE DISTRICT OF COLUM- RACHEL SUZANNAH MIKESKA, OF VIRGINIA EVA COFFEY, OF TEXAS BIA JAMES THOMAS MOFFITT, OF NEW MEXICO STEPHANIE G. COHEN, OF VIRGINIA CYRUS PYUN, OF VIRGINIA FARID ABBAS MOHAMED, OF MAINE MATTHEW J. CONLEY, OF VIRGINIA ADAM K. RASMUSSEN, OF VIRGINIA ERIN M. MOLNAR, OF NEW YORK CHRISTOPHER E. CONNELL, OF VIRGINIA LUIS E. REINOSO, OF VIRGINIA ANDREW R. MOORE, OF MICHIGAN STEPHEN R. COOK, OF VIRGINIA LAKESHIA M. ROBINSON, OF VIRGINIA CATHERINE ELIZABETH MULLER, OF FLORIDA KELLY A. COSTELLO, OF VIRGINIA JACOB ROCCA, OF MINNESOTA NEAL SHAUN MURATA, OF HAWAII PAUL C. COX, OF VIRGINIA CATHERINE ANN RODEN, OF ALABAMA STEPHEN JOHN MURPHY, OF MASSACHUSETTS CHARLES D. CRISP, OF VIRGINIA JAMES C. ROSS, OF COLORADO COURTNEY C. MUSSER, OF THE DISTRICT OF COLUMBIA ERIN I. CURTIS, OF VIRGINIA GLENN R. RUDOLPH, OF VIRGINIA SELENA NELSON-SALCEDO, OF MINNESOTA BRIAN M. DANATZKO, OF VIRGINIA LAURA W. RUSS, OF CALIFORNIA KATHLEEN M. NUTT, OF VIRGINIA TINA KAREEMA DAUOD–AKGUC, OF DELAWARE SARITAH SABB, OF VIRGINIA CHINWE OBIANWU, OF TEXAS TUCKER D. DAVIS, OF VIRGINIA JOSEPH FRANK SAHID, OF VIRGINIA JOHN BURTON O’BRIEN, OF FLORIDA ZACHARY DEBORD, OF VIRGINIA JENNIFER NICOLE SANOW, OF THE DISTRICT OF COLUM- MORGAN J. O’BRIEN III, OF NEW YORK RAMON DELGADO, OF VIRGINIA BIA WILLIAM JOHN O’CONNOR, OF CALIFORNIA REQUEL A. DELL–ORSO, OF VIRGINIA NATHAN R. SCHMIDT, OF VIRGINIA KEVIN JAMES OGLEY, OF CALIFORNIA KEVIN C. DENNEHY, OF CONNECTICUT ETAN SCHWARTZ, OF NEW JERSEY AAMOD OMPRAKASH, OF NEW YORK RISHI PRAFUL DESAI, OF WEST VIRGINIA DONALD SCOTT, OF VIRGINIA JEFFREY M. O’NEAL, OF TEXAS JOANNA L. DETAMORE, OF VIRGINIA EILA M. SEPULVEDA, OF THE DISTRICT OF COLUMBIA KATHERINE IVES ORTIZ, OF CALIFORNIA ZACHARY E. DOBOZE, OF VIRGINIA PAYAL SHAH, OF VIRGINIA MICHAEL OSE, OF IOWA ROBERT ALAN DOLLINGER, JR., OF VIRGINIA JOSHUA SHIPP, OF THE DISTRICT OF COLUMBIA MATTHEW J. PASCHKE, OF OHIO JESSICA DORCUS, OF VIRGINIA HOLLY R. SISK, OF VIRGINIA VIRSA Y. PERKINS, OF TENNESSEE M. DAVID DOWD, OF THE DISTRICT OF COLUMBIA SARAH L. SMYTHERS, OF VIRGINIA MATTHEW LAWRENCE PETIT, OF THE DISTRICT OF CO- JOHANNA M. DUROCHER, OF VIRGINIA ELISABETH SOCOLOW, OF NEW YORK LUMBIA BLAKE D. EDWARDS, OF FLORIDA LATHDA SOULATHA, OF HAWAII LANCE L. POSEY, OF TENNESSEE EDWARD ANTHONY EICHLER, OF MAINE LISA A. SPINK, OF VIRGINIA ELIZABETH POWERS, OF MINNESOTA NELS H. ERICKSON, OF VIRGINIA MARIA STAVROPOULOS, OF MASSACHUSETTS ANDREW J. PUBLICOVER, OF THE DISTRICT OF COLUM- JENNIFER A. FALLON, OF THE DISTRICT OF COLUMBIA PAUL STILLEY, OF ARIZONA BIA KAREN S. FANG, OF MARYLAND CHARLES A. STINGER, OF MARYLAND MICHAEL J. QUIGLEY, OF VIRGINIA MELONY FLETCHER, OF MARYLAND ROCHELLE STOCK, OF VIRGINIA JAY M. STROHM, OF THE DISTRICT OF COLUMBIA KATHERINE N. RAFANIELLO, OF NEW YORK ERIC FONG, OF CALIFORNIA ERIC JOSEPH SULLIVAN, OF FLORIDA DANIEL RAKOVE, OF CALIFORNIA WESLEY C. FREDERICKS, OF VIRGINIA JAMIE L. SUTTER, OF OHIO ROSELYN Y. RAMOS, OF MARYLAND ROBERT E. FULTON, OF THE DISTRICT OF COLUMBIA ERIC S. SWINN, OF VIRGINIA JUDNEFERA A. RASAYON, OF VIRGINIA LILIANA GABRIEL, OF VIRGINIA MICHAEL J. TAYLOR, OF VIRGINIA PENNY SUE RECHKEMMER, OF IOWA MARINA GALKINA, OF THE DISTRICT OF COLUMBIA BRIAN W. TEPLICA, OF VIRGINIA KATRINA ROSE REICHWEIN, OF TEXAS KEVIN P. GALLAGHER, OF VIRGINIA LAURA THEISSEN, OF MISSOURI WENDY A. REJAN, OF FLORIDA JAMES S. GARDINER, OF TEXAS JEFFREY A. TISINGER, OF VIRGINIA JEREMY STEWART RICHART, OF VIRGINIA KENNETH C. GARDNER, JR., OF PENNSYLVANIA CODY GLEN TITENSOR, OF OREGON BRIAN P. ROGERS, OF PENNSYLVANIA MICHAEL R. GARNER, OF MARYLAND MATTHEW AARON GLENN, OF VIRGINIA JONATHAN TO, OF ARKANSAS EBONY ROSE ROSEMOND, OF MARYLAND CHRISTIAN EDWARD TORRES, OF THE DISTRICT OF CO- JESSICA ALEAH ROWLAND, OF FLORIDA KATHRYN A. GONZALES, OF VIRGINIA PAMELA K. GREENLEAF, OF VIRGINIA LUMBIA JOHNATHAN MICHAEL ROY, OF TEXAS LINDA TOTH, OF VIRGINIA LURA ELIZABETH RUDISILL, OF NORTH CAROLINA JACOB L. GUNSCHEL, OF MASSACHUSETTS COLIN T. HALE, OF VIRGINIA VANESSA TOUFAILY, OF TEXAS AMY UNANDER RULE, OF ILLINOIS MARK TROCINSKI, OF COLORADO AMELIA R. RUNYON, OF OREGON JACOB ANTHONY HALL, OF CALIFORNIA RUSSELL C. HEADLEE, OF NEBRASKA RITA E. TROTTER, OF VIRGINIA PRESTON RAPHAEL SAVARESE, OF WYOMING THOMAS PATRICK TRUXES, OF VIRGINIA EMILY ANNE SCHUBERT, OF VIRGINIA JOSEPHINE GIA HINMAN, OF NEW JERSEY AMY E. HIRSCHAUER, OF THE DISTRICT OF COLUMBIA ADRIENNE M. TYGENHOF, OF THE DISTRICT OF COLUM- MELISSA L. SCHUMI JONES, OF FLORIDA BIA JOSHUA SHEN, OF CALIFORNIA ANDREW BLAYNE HOLTZ, OF NEW YORK KATHERINE M. HOLTZ, OF VIRGINIA BELGIN JENNIFER VANDERPLOEG, OF CALIFORNIA MONICA SHIE, OF NEW YORK SHAWN R. VASQUEZ, OF VIRGINIA KATHERINE HOOPS, OF MINNESOTA GURDIT SINGH, OF KANSAS JOHN ANDREW VOIGHT, OF VIRGINIA STEPHANIE JEAN HOOSTAL, OF MINNESOTA ANGIE SMITH, OF OHIO DAVID WACKER, OF COLORADO CHRISTOPHER B. HULICK, OF VIRGINIA JASON P. SPELLBERG, OF COLORADO ALEXANDER TED PUHK WALD, OF CONNECTICUT HEATHER YANG HWALEK, OF MAINE DANIEL SPOKOJNY, OF MICHIGAN PAULETTA M. WALSH, OF CALIFORNIA TEUTA IDRIZI, OF VIRGINIA TAMARA N. STERNBERG, OF WYOMING JERUSHA C. WALZER, OF VIRGINIA OWEN JOHNS, OF ARIZONA REBECCA L. STRUWE, OF PENNSYLVANIA JOHN G. WARD, OF VIRGINIA TIMOTHY NILS JOHNSON, OF NEW YORK JOHN DAVID STUBBS, JR., OF NORTH CAROLINA ALLISON R. WELCH, OF CALIFORNIA DANIEL NICHOLAS KANIGAN, OF UTAH KATHRYN MICHELLE STUHLDREHER, OF TEXAS LAUREN PATRICIA WELCH, OF NEW YORK SEAN KEITH, OF OREGON TIMOTHY WILLIAM SWETT, OF ILLINOIS MICHAEL M. WILDMAN, OF VIRGINIA SONIA SMYTHE TARANTOLO, OF THE DISTRICT OF CO- ELAINE VICTORIA KELLEY, OF THE DISTRICT OF COLUM- JARED E. WOLFE, OF ILLINOIS LUMBIA BIA KAREN E. WRIGHT, OF VIRGINIA JESSUP L. TAYLOR, OF NORTH CAROLINA KATHERINE A. KERR, OF OHIO TIMOTHY WRIGHT, OF THE DISTRICT OF COLUMBIA BEVERLY A. THACKER, OF OREGON ELIZABETH E. KEVERN, OF VIRGINIA LAUREN M. WYGANT, OF VIRGINIA CHARLES ARTHUR THOMAS, OF TEXAS HYEJU J. KIM, OF VIRGINIA JOSEPH YACKLEY, OF ILLINOIS TEDDE HOLDEN THOMPSON, OF FLORIDA JOYCE KIM, OF THE DISTRICT OF COLUMBIA SUE H. YEH, OF VIRGINIA AQUEELAH S. TORRANCE, OF PENNSYLVANIA BRANIGAN M. KNOWLTON, OF UTAH EMILY VALENTINE ZEEBERG, OF NEW YORK JUSTINE OVEN TREADWELL, OF THE DISTRICT OF CO- KEVIN A. KRIMM, OF VIRGINIA RICHARD H. ZIELINSKI, OF THE DISTRICT OF COLUMBIA LUMBIA SANJAI KUMAR, OF VIRGINIA W. GREY ZIMMERMAN, OF VIRGINIA ERIN J. TRUHLER, OF MINNESOTA JAMES P. LACEY, OF SOUTH CAROLINA ERIK A. LARSEN, OF VIRGINIA THE FOLLOWING NAMED CAREER MEMBER OF THE LYNN MARIE VACCA, OF CALIFORNIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR CARLY NICOLE VAN ORMAN, OF THE DISTRICT OF CO- AMY FULING LEE, OF THE DISTRICT OF COLUMBIA JOY LEE, OF VIRGINIA PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE LUMBIA CLASS INDICATED, EFFECTIVE JANUARY 1, 2012: CAREER JOSEPH WILLIAM WADE, OF UTAH ROBERT A. LEE, OF VIRGINIA GRIFFIN PATRICK LENOIR, OF TEXAS MEMBER OF THE SENIOR FOREIGN SERVICE OF THE SHIRAZ U. WAHAJ, OF FLORIDA UNITED STATES OF AMERICA, CLASS OF COUNSELOR: ANNE WAN, OF CALIFORNIA AMELIA M. LIEBHOLD, OF VIRGINIA MATTHEW DANIEL WARIN, OF VIRGINIA ERIC R. LITTLE, OF VIRGINIA DANIEL MENCO HIRSCH, OF MARYLAND BRIANA M. WARNER, OF MAINE MEGHAN HEALY LUECKE, OF CALIFORNIA BENJAMIN BEARDSLEY DILLE, OF MINNESOTA BENTON S. LUSK, OF VIRGINIA DAVID W. WARNER, OF VIRGINIA IN THE MARINE CORPS DAVID AUSTIN WESTENHOFER, OF KENTUCKY MOHINI A. MADGAVKAR, OF TEXAS MARK THOMAS WHITEHEAD, OF VIRGINIA CHARLES MALINAK, OF NEW YORK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREA TOLL WHITING, OF VIRGINIA RUBY VERGARA MARCELO, OF MARYLAND IN THE UNITED STATES MARINE CORPS RESERVE TO THE ERIC C. WILLIAMS, OF VIRGINIA AMBER L. MAREZ, OF VIRGINIA GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: DANIEL E. MARTIN, OF MARYLAND KIMBERLY ELIZABETH WILLIAMS, OF VIRGINIA To be major general JONATHAN E. WOLFINGTON, OF FLORIDA CHARLES ALBERT MATACK, OF CALIFORNIA MARK W. ZANOLLI, OF PENNSYLVANIA COURTNEY M. MAZZONE, OF NEW YORK BRIG. GEN. WILLIAM T. COLLINS KIMBERLY D. ZAPFEL, OF MINNESOTA JERMEL K.L. MCGASKEY, OF VIRGINIA BRIG. GEN. JAMES S. HARTSELL HOLLY HOPE ZARDUS, OF WASHINGTON CONOR MCNAMARA, OF VIRGINIA RACHAEL ZASPEL, OF TEXAS CHRISTOPHER MERRIMAN, OF VIRGINIA IN THE NAVY JAMES MIKULEC, OF VIRGINIA THOMAS S. ZIA, OF FLORIDA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY ERIC ZINSMEISTER, OF CALIFORNIA MICHELLE ABREU MILARDO, OF NEW YORK CHRIS R. MILLER, OF VIRGINIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED ALEKS ZITTLE, OF FLORIDA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND LINDSEY MICHELLE ZULUAGA, OF VIRGINIA ROBERT MIRANDA, JR., OF VIRGINIA CHRISTOPHER MARK MOHRMAN, OF VIRGINIA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED MEMBERS OF THE FOREIGN DANIEL A. NALEPA, OF VIRGINIA To be admiral SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES ROSS EDWARD NEADING, OF COLORADO IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF LISA LYNN NESSELROAD, OF THE DISTRICT OF COLUM- VICE ADM. MICHAEL S. ROGERS AMERICA: BIA IN THE AIR FORCE JORGE ALBERTO ABUDEI BURGER, OF GEORGIA TIFFANY M. NEWMAN, OF VIRGINIA DANIEL C. ACKER, OF NORTH CAROLINA ANDREW YOONTAK NHO, OF THE DISTRICT OF COLUMBIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHELLE L. ANDERSON, OF COLORADO CLARE E. NICHOLSON, OF PENNSYLVANIA TO THE GRADE INDICATED IN THE RESERVE OF THE AIR RAFAEL ANDRADE-RAVELO, OF PUERTO RICO HELEN YOUNG NO, OF CALIFORNIA FORCE UNDER TITLE 10, U.S.C., SECTION 12203:

VerDate Mar 15 2010 05:14 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00055 Fmt 4637 Sfmt 9801 E:\RECORD14\JAN 2014\S30JA4.REC S30JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S664 CONGRESSIONAL RECORD — SENATE January 30, 2014 To be colonel JOHN CHRISTOPHER BOSTWICK BENJAMIN D. PHILLIPS FRANK L. BRADFIELD III DEAN PHILLIPS WILLIAM E. DICKENS, JR. RICHARD A. BRIGGS CHARLAN A. POIRSON RICHARD R. GIVENS II JIMMIE P. BROOKS LEWIS E. POORE, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GERALD Q. BROWN DALE R. PUDWILL TO THE GRADE INDICATED IN THE RESERVE OF THE AIR CHARLES CASTLEMAN BULGER III JESSICA P. A. RAINES FORCE UNDER TITLE 10, U.S.C., SECTION 12203: BRETT M. BURAS DONALD P. RICE, JR. JOSEPH E. BURGENER CHARLES L. RICH To be colonel TRAVIS S. CAUGHLIN MITCHELL D. RICHARDSON SUSAN BETH CHAMBERLAIN DONALD W. RICHEY KYLE WILLIAM BLASCH IAN V. CHASE WILLIAM S. RIEHL DARRIN DANIEL LAMBRIGGER ALLYSON C. CHAUVIN MICHAEL L. ROBBINS ANDREW T. MACCABE JOHN D. CHERRY MAUREEN B. RODRIGUEZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KYLE J. CIOFFERO KEVIN J. ROETHE TO THE GRADE INDICATED IN THE RESERVE OF THE AIR CHRISTOPHER J. CLAY KENNETH N. ROSE FORCE UNDER TITLE 10, U.S.C., SECTION 12203: NATHAN BEDFORD CLINE RICHARD L. ROSS, JR. To be colonel JAMES K. CLUTTER MICHAEL F. ROTHERMEL EARLE B. COMBS IV NATHAN W. ROUGHT LUAN TRAN LE CHARLES D. CORNELIUS WALTER C. RUMAN DARON C. PRAETZEL LISA M. CRAIG BRYAN L. RUNION DAVID C. SCHAEFER MARK K. CUMBEE MICHAEL K. SANDER JENNIFER L. CUMMINGS DANIEL J. SARACHENE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY W. DAVIES RANDALL JOHN SAUER TO THE GRADE INDICATED IN THE RESERVE OF THE AIR ALLAN R. DAVIS HEIDI L. SCHEPPERS FORCE UNDER TITLE 10, U.S.C., SECTION 12203: PAUL R. DELMONTE EDWARD A. SCHINDLER To be colonel JAMES R. DEVERE CHRISTINE B. SCHLACTER JAMES M. DOOLIN CRAIG T. SCOTT CYNTHIA B. CAMP CRAIG W. DRESCHER DAVID A. SCOTT MARK EDWARD GIVENS DENNIS PATRICK DUFFY JULIE CATHERINE SCOTT ERNEST VASQUEZ PATRICK J. DULANEY DAVID M. SEARS BRYAN M. WINTER MATTHEW T. DURHAM DAVID WILLIAM SKOWRON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STAN T. DUVALL STEPHEN E. SLADE TO THE GRADE INDICATED IN THE RESERVE OF THE AIR RICHARD J. ECCHER JOHN S. SMIGLA FORCE UNDER TITLE 10, U.S.C., SECTION 12203: DAVID S. EDWARDS KELLI B. SMILEY KIMBERLY S. ELLE BRIAN PHILIP STAHL To be colonel ROBERTA D. ERNEST ROGER R. STOECKMANN LAURA I. FERNANDEZ RICHARD A. ERREDGE CHRISTOPHER B. STOKES KAREN LYNN HECKER PETER G. FERGUSON JUDE R. SUNDERBRUCH MARTIN J. HINDEL STEVEN A. FISCHER RICHARD W. TATEM ELIZABETH HOUSER LICKLITER GORDON E. FORNELL, JR. LAURA CHAMPION TAYLOR AVIS MAUREEN MCALLISTER BRIAN S. FREEMAN GARIN P. TENTSCHERT PAULA B. MCCARRON HIRAM P. GATES III HOLLY E. THOMPSON STEPHEN J. MCMANUS BRETT J. GENNARELLI ROBERT R. TOFIL KATHLEEN V. E. REDER JEFFERY A. GREEN RICHARD S. TUBBS ALBERT C. REES STEPHANIE S. GREEN EDGAR K. TUCKER RODERICK T. GRUNWALD LARRY E. TYER, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS C. GUERRA DEBORAH LASOCKI VAN CASTER TO THE GRADE INDICATED IN THE RESERVE OF THE AIR DOUGLAS E. GULLION TROY N. VONADA, JR. FORCE UNDER TITLE 10, U.S.C., SECTION 12203: DAVID W. HALE LORI P. WALDEN To be colonel KENT D. HANSEN STEPHEN DAYLE WALKER MITCHELL A. HANSON DAVID S. WEBB DIANE M. DOTY DOUGLAS R. HASSEBROCK RICHARD R. WEBSTER ANITA L. FLIGGE BRYAN A. HERRICK JAMES C. WHITMIRE CHERYL R. GATES PAUL B. HROMANIK RICHARD A. WILLIAMS COLLEEN MAY KELLY RICHARD L. INGRUM WAYNE M. WILLIAMS CHRISTOPHER J. MATLACK KENDALL B. JAMES SCOTT A. WINNER KIMBERLY A. MCCUE WILLIAM G. JAMES TIMOTHY W. WOLLMUTH DAWN LYNN MOORE JEFFREY L. JANICIK RIPLEY E. WOODARD ANGELA L. MORTON LAURA ROSEMARY JENKINS KENNETH E. YEE MICHAEL NICHOLSON ANNE C. JOHNSON EDWARD D. RONNEBAUM LISA M. JOHNSON IN THE ARMY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CONSTANCE C. JOHNSONCAGE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- TO THE GRADE INDICATED IN THE RESERVE OF THE AIR SCOTT F. JOKERST POINTMENT IN THE GRADE INDICATED IN THE UNITED FORCE UNDER TITLE 10, U.S.C., SECTION 12203: SHELLEY B. KAVLICK STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S. C., JOHN E. KEELER SECTIONS 531, 1211 AND 3064: To be colonel ROBERT A. KIRBY RICHARD L. ALLEN ELIZA S. KNUTSON To be lieutenant colonel KEVIN S. LANE JEFFREY SCOTT BEERY SUN Y. KIM WILLIAM L. BRAY STEPHEN L. LANIER JOHN E. BUTERBAUGH MICHAEL V. LOFORTI IN THE NAVY GREGORY L. CANDELL SHANE D. LOHMAN MICHAEL S. CHESSER TIMOTHY L. LOHOF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES P. DOLAN RAYMUNDO LUEVANOS TO THE GRADE INDICATED IN THE UNITED STATES NAVY JULIANNE FLYNN JOHN W. LYONS UNDER TITLE 10, U.S.C., SECTION 624: JAMES E. FRAME BEENA N. MAHARAJ To be lieutenant commander JEFFRY L. HUFFMAN GERARD PHILLIP MALLOY ERNEST C. LEE MICHAEL J. MALONE LEON M. LEFLORE EDWIN C. NEWMAN III BARBARA D. MANOUSE DARRYL L. MARKOWSKI SCOTT M. STRAYER f ANDREW O. TODD LYNN M. MARSHALL SANDRA R. VOLDEN FRED L. MASSEY WILLIAM A. MATNEY WITHDRAWALS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN R. MENSING TO THE GRADE INDICATED IN THE RESERVE OF THE AIR LEE E. MERKLE Executive Message transmitted by FORCE UNDER TITLE 10, U.S.C., SECTION 12203: BRENT A. MERRITT To be colonel JODY A. MERRITT the President to the Senate on January DOUGLAS B. MEYERS 30, 2014 withdrawing from further Sen- CONNIE L. ALGE MITCHELL D. MIGLIORI FRANK J. ANCONA ERIC L. MIKKELSON ate consideration the following nomi- BRIAN A. ANDERSON MICHAEL M. MOEDING nations: CHRISTOPHER R. ANDERSON DAVID PAUL MOORE RALPH ANTON ANTHENIEN, JR. TIMOTHY D. MOORE LESLIE BERGER KIERNAN, OF MARYLAND, TO BE REP- JEFFREY JOHN ARMENTROUT BRIAN J. MORK RESENTATIVE OF THE UNITED STATES OF AMERICA TO MARK DOUGLAS ARNHOLT JAMES L. MORRISS III THE UNITED NATIONS FOR U.N. MANAGEMENT AND RE- SCOTT W. BANNING DONALD MOSES, JR. FORM, WITH THE RANK OF AMBASSADOR, WHICH WAS RUSSELL D. BARILE WILLIAM D. MURPHY SENT TO THE SENATE ON JANUARY 6, 2014. STEVEN C. BARNETT BRIAN D. NEAL LESLIE BERGER KIERNAN, OF MARYLAND, TO BE AL- ERIC RANDOLPH BENTS JOHN G. NIAKAROS TERNATE REPRESENTATIVE OF THE UNITED STATES OF STEVEN L. BEYER JOHN R. NOWAK AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY DAVID A. BIGGS BRANDON K. NUGENT OF THE UNITED NATIONS, DURING HER TENURE OF AMANDA SUE BIRCH HUGH E. OROURKE SERVICE AS REPRESENTATIVE OF THE UNITED STATES JENNIFER A. BLOCK KENNETH J. OSTRAT OF AMERICA TO THE UNITED NATIONS FOR U.N. MANAGE- MICHAEL REMI BORBATH KATHERINE M. PALLOZZI MENT AND REFORM, WHICH WAS SENT TO THE SENATE KAREN D. BOSKO PATRICIA ANN PETTINE ON JANUARY 6, 2014.

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