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

Vol. 160 WASHINGTON, THURSDAY, APRIL 10, 2014 No. 59 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING Michelle Friedland. Until cloture is in- called to order by the Honorable JOHN PRESIDENT PRO TEMPORE voked there will be up to 30 hours of E. WALSH, a Senator from the State of The PRESIDING OFFICER. The debate prior to vote on the confirma- Montana. clerk will please read a communication tion of the nomination. So we have two to the Senate from the President pro votes we need to have before we leave PRAYER here this week. We can have a vote at tempore (Mr. LEAHY). 4:00 tomorrow afternoon and the second The PRESIDING OFFICER. The The assistant legislative clerk read vote would be around 7:00 or there- guest chaplain, Dr. , the following letter: senior pastor of Ebenezer Baptist abouts tomorrow afternoon or tomor- Church of , GA, will lead the U.S. SENATE, row evening. We have to finish these PRESIDENT PRO TEMPORE, two matters before we leave this week. Senate in prayer. Washington, DC, April 10, 2014. The guest Chaplain offered the fol- To the Senate: The schedule is up to—not Repub- lowing prayer: Under the provisions of rule I, paragraph 3, licans but a few Republicans—so I Let us pray. of the Standing Rules of the Senate, I hereby would suggest the Republicans deal God of love and justice, for this new appoint the Honorable JOHN E. WALSH, a with their own, and we can finish this day with its new possibilities, we are Senator from the State of Montana, to per- morning if we need to. We certainly grateful. For the holy covenant we form the duties of the Chair. could. have with You and for the sacred cov- PATRICK J. LEAHY, Mr. President, I would be happy to enant we have with one another as an President pro tempore. yield to my friend, the dignified and American people, we are grateful. For Mr. WALSH thereupon assumed the really superb Senator from . the precious ideals of freedom, self-gov- Chair as Acting President pro tempore. The ACTING PRESIDENT pro tem- ernment, radical inclusion, and equal f pore. The Senator from Georgia. protection under the law, we are grate- WELCOMING THE GUEST CHAPLAIN RECOGNITION OF THE MAJORITY Mr. ISAKSON. Mr. President, I thank ful. These are Your gifts. Grant that LEADER when we, the American people, espe- the leader for the introduction and I cially those who serve in this the peo- The ACTING PRESIDENT pro tem- am very pleased to introduce today the ple’s house, are weighed by the moral pore. The majority leader is recog- Reverend Raphael Warnock, the senior balance of history, we will be found nized. pastor of Ebenezer Baptist Church in worthy. f Atlanta. He is a gifted author, a gifted and prolific preacher, and a great cit- God, make us mindful that we might MINIMUM WAGE FAIRNESS ACT— izen of the great State of Georgia and be found worthy; mindful that the MOTION TO PROCEED moral test of government is how it the great city of Atlanta. treats those at the dawn of life, the Mr. REID. I move to proceed to Cal- Following in the traditions of the children; those who are in the twilight endar No. 354, the minimum wage legis- King family and the preachers of Ebe- of life, the aged; those who are in the lation. nezer Baptist Church, he is the fifth shadows of life, the sick, the needy, the The ACTING PRESIDENT pro tem- pastor in the history of Ebenezer to handicapped. O God, make us mindful pore. The clerk will report the motion. carry out the mission of Ebenezer with of our inextricable connections to one The assistant legislative clerk read great humility and great ability and another and of our sacred obligation as as follows: great love, and is a great pastor in our careful stewards of this global neigh- Motion to proceed to Calendar No. 354, S. eyes. I am pleased to welcome him to borhood we are blessed to share. 2223, a bill to provide for an increase in the the U.S. Senate, and I know we will all To the God who loves us into free- Federal minimum wage and to amend the In- be blessed in his presence today. dom, and frees us into loving, we offer ternal Revenue Code of 1986 to extend in- I yield back. creased expensing limitations and the treat- this prayer. Amen. The ACTING PRESIDENT pro tem- ment of certain real property as section 179 pore. The majority leader is recog- f property. nized. PLEDGE OF ALLEGIANCE SCHEDULE 46TH ANNIVERSARY OF THE CIVIL RIGHTS ACT OF The Presiding Officer led the Pledge Mr. REID. Mr. President, following 1968 of Allegiance, as follows: my remarks and those of the Repub- Mr. REID. Tomorrow marks the 46th I pledge allegiance to the Flag of the lican leader, the time until 10:30 a.m. anniversary of the signing into law the United States of America, and to the Repub- will be equally divided and controlled. Civil Rights Act of 1968, better known lic for which it stands, one nation under God, At 10:30 a.m. there will be a vote on as the Fair Housing Act. This land- indivisible, with liberty and justice for all. the Ninth Circuit judge, whose name is mark legislation took a stand against

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

S2333

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VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2334 CONGRESSIONAL RECORD — SENATE April 10, 2014 housing discrimination and gave Amer- ultimately come to the same conclu- the little people at the bottom, in their ican families a fair shot at finding sion: America’s best bet for economic estimation. housing that was suitable to their prosperity is to help the Koch brothers It is shameful that Koch money has needs. It is fitting we recognize this an- get richer. made its way into our Nation’s Capitol, niversary now, especially in light of So what do these groups do with the our news, and our homes. It is frus- the equality legislation we have been funds they receive from their billion- trating that as Senate Democrats look trying to pass here in the Senate re- aire benefactors? Groups such as Amer- across the aisle, we don’t see many cently. icans for Prosperity—try that one on willing partners in defending middle- THE ECONOMIC LADDER for size, the Americans for Prosperity— class families in Nevada and across the One of the first well-known billion- lie to the American people about Nation. But we are not going to be in- aires we heard a lot of talk about on ObamaCare, hoping families will not timidated by these Koch surrogates in the planet was the outspoken oil ty- sign up for affordable health care. the media or here in this very Cham- coon J. Paul Getty. He once quipped: Extreme organizations such as Inde- ber. We will continue to fight even ‘‘Money is like manure. You have to pendent Women’s Forum tell women harder to protect Americans from the spread it around or it smells.’’ equal pay for equal work is not nec- greedy grasp of these billionaire oil Well, Charles and David Koch have essary because they say wage disparity barons and the wrath of their radical certainly spread the money around, but is a myth. minions. Senate Democrats will con- it still stinks. It stinks because of what The Koch-backed Manhattan Insti- tinue to pull that ladder out from the they do with their money. The Kochs tute is another one of their shell orga- Koch brothers’ fingers so every Amer- are singlehandedly funding an attack nizations that tries to convince the ican has a fair shot at climbing to the on this Nation’s middle class, instead country that out-of-work American top. of concerning themselves with nar- families don’t need unemployment ben- RECOGNITION OF THE MINORITY LEADER rowing the gap between the rich and efits. Why? Because they are out of The ACTING PRESIDENT pro tem- the poor. work because they are lazy. pore. The Republican leader is recog- Remember, in America today the And, of course, the Heritage Founda- nized. rich are getting richer, the poor are tion uses Koch dollars to say raising JOB CREATION getting poorer, and the middle class is the minimum wage is bad for business Mr. MCCONNELL. For days now Re- getting squeezed. The Koch brothers and will kill the economy. publicans have been coming to the have a lot to do with that. They are It is clear that the Kochs are using floor to ask the Democratic majority pumping hundreds of millions of dol- these puppet organizations in their to work with us on jobs. This is the lars into rightwing organizations. And proxy war on the middle class. But issue Americans say they care the I didn’t make a mistake when I said Charles and David aren’t just using most about. So it is hard to see why hundreds of millions of dollars. radical rightwing groups to keep aver- Senate Democrats seem so allergic to Instead of giving Americans a fight- age Americans from scaling the rungs. various jobs ideas we have been pro- ing chance to prosperity, the two rich- They are using Republicans. They are posing, not to mention dozens of job- est brothers in the world are focused on spreading their money around helping creating bills already passed by the getting Republicans elected. These Republicans get elected. House. Koch-funded organizations and politi- Unfortunately, the Republican Con- Look, our constituents want us to cians advocate only for what makes gress has shown itself to be in lockstep work together to rebuild the middle the Koch brothers richer. The two rich- with the Koch brothers’ radical agenda. class, to help create opportunities for est brothers in the world want to be The Republicans continue to push re- the families struggling out there just richer, and it comes at the expense of peal of the Affordable Care Act. I to pay the bills. In recent days we have the average American. watched the speech on the House floor given our Democratic colleagues ample The Kochs are the classic example of yesterday, where one House Member opportunity to do that. We have offered two men at the top of the ladder who indicated that he tried almost 60 times one innovative proposal after another, would pull that ladder up to make sure to repeal the bill—almost 60 times. proposals that haven’t had much of a no one else can join them. That is ex- What did Albert Einstein say? The problem attracting bipartisan support actly what the Koch brothers are try- definition of insanity is when someone in the past, ideas such as reducing the ing to do to middle-class families. The tries to do something over and over tax burden on small businesses, freeing only difference, of course, is that again and they get the same result. them to grow, to hire, to innovate, Charles and David never even scaled They are insane. That is Albert Ein- ideas such as approving the Keystone the ladder in the first place. They were stein, not . Pipeline, which would create thousands born at the top rung. But somehow the They are doing this regardless of the of jobs right away; ideas such as re- Kochs have fooled themselves into fact that even the Koch brothers; that pealing the medical device tax which thinking they rose to the top by their is, their business, Koch Industries, ben- even Democrats acknowledge is killing own merits. They didn’t. efited from ObamaCare. jobs—although they haven’t acted to More importantly, the Koch brothers Remember that ladder. The Kochs al- fix it yet—and ideas such as elimi- have decided that they want their in- ready got what they needed from nating ObamaCare’s 30-hour workweek herited wealth, this company now they health care reform. They don’t want mandate, a rule that cuts people’s have at the top—they want to make other people to do the same. They have hours against their will, that dis- sure this ladder that should be reach- benefited from ObamaCare. I laid that proportionately affects women and is able for everyone is unreachable. They out a few days ago on the Senate floor. forcing too many Americans to look are determined to make that ladder to- Senate Republicans have blocked the for extra work to get by. tally unreachable for others. These bil- equal pay amendment three times— But we go even further than just lionaires do this by rigging the system three separate Congresses. They won’t tackling the causes of joblessness. Our even more in their favor, making sure even let us discuss it. All but half of ideas go beyond just helping Americans the Kochs’ interests are being rep- Republican Senators voted against the secure jobs with a steady paycheck and resented at all costs. extension of benefits for the long-term the hope of a better future. Because we As has been reported—and not by unemployed, and turned their back on have also put forward legislation that me—the Koch brothers have what some their own constituents. offers Americans more choices and journalists are calling secret banks. As for the minimum wage, my Re- greater flexibility in the workforce. Organizations serve as middlemen to publican colleagues have given no indi- This is something a lot of our constitu- fund ultraconservative scare cam- cation to help struggling families with ents are asking for, and we are re- paigns. Through these secret banks, the minimum wage. sponding to those concerns. such as Freedom Partners and others, The Kochs’ wealth is being used to One bill we have proposed would let the multibillionaire Koch brothers squeeze the middle class very much. As working moms and dads take more pump money into radical institutions long as Charles and David Koch are at time off to strike a better work-life and all these rightwing organizations the top looking down, who cares about balance. Another bill would prohibit

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2335 union bosses from denying pay in- The ACTING PRESIDENT pro tem- icon Valley Campaign for Legal Serv- creases to an employee who works pore. The clerk will call the roll. ices and Equality . harder than her coworkers. The assistant legislative clerk pro- She has won the President’s Pro These are the kinds of practical, ceeded to call the roll. Bono Service Award and the Wiley W. commonsense proposals our constitu- The ACTING PRESIDENT pro tem- Manuel Award for Pro Bono Legal ents sent us here to actually pass. pore. The Senator from Washington. Services, both from the State Bar of These are the things that would make Mrs. MURRAY. Mr. President, I ask California. jobs more plentiful and life a lot easier unanimous consent that the order for She also has broad support in the for men and women across our country. the quorum call be rescinded. legal community. One letter came from For some reason Senate Democrats are The ACTING PRESIDENT pro tem- 27 individuals who clerked on the Su- blocking all of these ideas from getting pore. Without objection, it is so or- preme Court—including for Justices a vote. Maybe it is because they are so dered. Rehnquist, Scalia, and Thomas—when single-mindedly focused on an election (The remarks of Mrs. MURRAY per- Ms. Friedland clerked for Justice that is still 7 months away. taining to the introduction of S. 2243 O’Connor. They said that Friedland is I mean, they have already conceded are printed in today’s RECORD under ‘‘respectful of colleagues, fair-minded that their ‘‘agenda’’ for the rest of the ‘‘Statements on Introduced Bills and to attorneys and litigants, and sharp as year was drafted by campaign staffers. Joint Resolutions.’’) a tack.’’ It is a stunning admission. It explains Mrs. MURRAY. Mr. President, I yield A second letter is from Kathryn their near-total lack of interest in the floor. Haun, who previously served in the Mrs. FEINSTEIN. Mr. President, I practical solutions to the everyday Justice Department under Attorney rise in support of the nomination of concerns of our constituents. It also General Mukasey and in the National Michelle Friedland to the Ninth Cir- explains why the only jobs that Senate Security Division. Today she is a Fed- cuit. Democrats seem to be interested in eral prosecutor in Northern California. This nomination was approved in the Ms. Haun has known Michelle these days are their own. Judiciary Committee on a strong bi- This is a big problem. Not only does Friedland since they were classmates partisan vote of 14 to 3, including sup- it reinforce the widespread belief that in the same small section at Stanford port from four Republican members: Democrats are not serious about jobs, Law School. Ms. Haun’s letter says: Ranking Member GRASSLEY, and Sen- it also reinforces a growing impression I clerked for Supreme Court Justice An- ators HATCH, GRAHAM, and FLAKE. She that Democrats are simply out of their thony Kennedy, am a member of the Fed- has earned the American Bar Associa- depth when it comes to our economy. eralist Society, and have always been a reg- tion’s highest rating of ‘‘well quali- Think about it: Washington Democrats istered Republican. Notwithstanding our po- fied.’’ are well into their sixth year of trying litical differences, I believe [Michelle If she is confirmed, which I very Friedland] would make an outstanding fed- to get the economy back on track—6 much hope she is, it would mark the eral appellate judge if confirmed. This is be- years. first time ever that the Ninth Circuit, cause Michelle has a deep respect for legal Yet for many in the middle class the busiest circuit in the country by precedent above seeking a particular result things only seem to have gotten worse. some measures, has its full com- in a given case. Average household income has fallen plement of 29 active circuit judges. A third letter is from the general by nearly $3,600. The number of Ameri- Michelle Friedland earned her bach- counsel of Cisco, Edison International, cans actually working in the labor elor’s degree, with honors and distinc- Google, Facebook, Rambus, and other force has dropped to its lowest level tion, from in 1994. companies. It speaks very highly of since the Carter era. Millions are look- She was Phi Beta Kappa, and became a this nominee, and says, quote: ‘‘All ing for work and can’t find it, and the Fulbright Scholar from 1995 to 1996, parties appearing before her, from indi- new rules and regulations just keep on studying at Oxford. vidual litigants to small businesses to coming. They have tried all their usual She earned her law degree from Stan- the nation’s largest corporations, liberal solutions—higher taxes, ‘‘stim- ford Law School in 2000, where she was would be confident that she will ad- ulus,’’ and more regulations. They have second in her class, graduated with dis- judge their cases fairly and in accord- tried all the standard stuff and it has tinction, and inducted into the Order of ance with the law.’’ not worked. Doing more of it won’t the Coif. The Ninth Circuit is also the busiest work either. She then had two prestigious clerk- circuit. It has over 1,470 pending ap- This may be difficult for Washington ships. The first was with Judge David peals per panel. This is two and a half Democrats to hear, but it is time they Tatel on the DC Circuit. times the average of the other circuits. switched from their failed ideological She then clerked for Supreme Court It comes as no surprise, then, that it approach. It is time for them to shelve Justice Sandra Day O’Connor, who at- takes much longer to resolve an appeal their political games and work with us tended Ms. Friedland’s confirmation in the Ninth Circuit than in the other to pass practical legislation for a hearing this past November. circuits. Specifically, the Ninth Circuit change—legislation that can finally Although I could not attend that takes 13.3 months to resolve an appeal. rescue the middle class from so many hearing, it said a great deal that Jus- This is down from 17.4 months in 2011, years of economic failure. tice O’Connor, the first woman on the but it is still 55 percent greater than I have laid out a number of common- Supreme Court and a voice of great the average in the other circuits. sense proposals already. There is more moderation and pragmatism on the Thus, it is very important for busi- we can do if Democrats are willing to Court, came to the Judiciary Com- nesses, individuals, and others in all reach across the aisle and help deliver mittee and demonstrated her support States in the Ninth Circuit that nomi- for the American people. My constitu- in person for this nominee. nees to this court are promptly taken ents expect us to do that. I am sure Ms. Friedland then served as a lec- up and confirmed. theirs do too. Honestly, there is no rea- turer at from 2002 I will conclude by remarking upon son not to do that. to 2004 and subsequently joined the law what I see as a real opportunity for the I yield the floor. firm Munger Tolles & Olsen, where she Senate in the coming months. RESERVATION OF LEADER TIME is now a partner. When I was first elected to the Sen- The ACTING PRESIDENT pro tem- She has represented major clients, ate in 1992, it was called by some the pore. Under the previous order, the including Berkshire Hathaway, Boeing, Year of the Woman. Senator BOXER and leadership time is reserved. Abbott Laboratories, the University of I were both elected that year, as were The ACTING PRESIDENT pro tem- California, and Solvay Pharma- Senator MURRAY and former Senator pore. Under the previous order, the ceuticals. She has worked on issues in- Carol Moseley Braun. time until 10:30 a.m. will be equally di- cluding criminal defense, class action Yet after we were all sworn in, there vided and controlled between the two defense, tax, patent, copyright, and were still only six women in the Sen- leaders or their designees. antitrust. ate. I became the first woman ever to Mr. MCCONNELL. Mr. President, I She has also done pro bono work, de- sit on the Senate Judiciary Committee, suggest the absence of a quorum. voting time, for example, to the Sil- after some very divisive hearings for

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2336 CONGRESSIONAL RECORD — SENATE April 10, 2014 Justice Clarence Thomas, in which the School. Ms. Friedland has experience the Ninth Circuit Court of Appeals. She lack of women on the Judiciary Com- in both the trial court and appellate would be the seventeenth female judge mittee became an issue. levels, including the United States Su- to ever sit on the Circuit. In compari- At the time, the Federal courts were preme Court. She manages an active son, 83 men have been appointed to the mainly the province of men appointed pro bono practice and frequently rep- Ninth Circuit over the course of its his- by the two most recent Presidents. resents the in tory. Her confirmation would bring the About 92 percent of President Rea- constitutional litigation. She received percentage of active female judges sit- gan’s confirmed judicial nominees were the President’s Pro Bono Service ting on the Ninth Circuit Court of Ap- men. That number fell under President Award in 2013 from the State Bar of peals to nearly 38 percent. Her con- George H.W. Bush, but only to 81 per- California, and the LGBT Award from firmation would also mark the first cent. Overall, only 12.6 percent of ac- the American Civil Liberties Union of time, since the 29th judgeship was tive Federal judges were women when I Southern California in 2009. The Amer- added in 2007, that it has had a full was sworn in to the Senate. ican Bar Association unanimously complement of active judges despite Although women have been close to awarded her their highest rating of having the highest number of appeals half of all law students for decades, ‘‘well qualified.’’ filed, the highest pending appeals per even today only 53 of 164 active circuit It comes as no surprise to me that panel and the highest pending appeals judges—or 32 percent—are women. Michelle Friedland’s nomination has per active judge of any Circuit in the Right now, there are female nomi- received significant support. Kathryn country. nees for the Third, Ninth, Tenth, and Haun, Assistant United States Attor- Yet here we are, again voting to Eleventh Circuits pending in the Sen- ney and Former Counsel to then-Attor- overcome a Republican filibuster of an ate—a total of six nominees, with four ney General Michael Mukasey, wrote exceptionally talented nominee to a simply waiting for a floor vote. To put to the Committee to express her sup- court that desperately needs to be op- these numbers in perspective, there port, saying ‘‘Michelle and I fall at op- erating at full strength. were only 6 women confirmed to the posite ends of the political spectrum There being no objection, the mate- circuit courts during all 8 years of the . . . Notwithstanding our political dif- rial was ordered to be printed in the Reagan administration. ferences, I believe she would make an RECORD, as follows: If all six of these pending nominees outstanding federal appellate judge are confirmed, the number of active fe- LETTERS RECEIVED IN CONNECTION WITH . . . Michelle has a deep respect for MICHELLE FRIEDLAND male circuit judges would grow by over legal precedent above seeking a par- 11 percent. That is a big deal, and it is July 26, 2013—Six Supreme Court Co-Clerks ticular result in a given case. She has August 26, 2013—Eugene Volokh, Professor a real opportunity to increase signifi- a balance and a willingness to listen to of Law at the UCLA School of Law and con- cantly the number of women on the all arguments before formulating a po- servative legal commentator circuit courts. sition on a particular issue. She dis- August 26, 2013—Five fellow partners at Michelle Friedland is well qualified, plays, above all else, intellectual hon- Munger, Tolles, & Olson LLP she has bipartisan support, and her esty and personal modesty that suit September 4, 2013—Brian Fitzpatrick, Pro- confirmation would give the Ninth Cir- her exceptionally well for a federal ap- fessor of Law at Vanderbilt Law School September 9, 2013—Anup Malani, Professor cuit—the busiest circuit—a full com- pellate judgeship.’’ plement of 29 judges for the first time. of Law and Medicine at the University of Eugene Volokh, Professor of Law, at Chicago I urge my colleagues to support her. the UCLA School of Law, expressed his September 9, 2013—Edward Morrison, Pro- Mr. LEAHY. Mr. President, today, we strong support for Ms. Friedland to the fessor of Law at the University of Chicago are again voting to overcome a Repub- Committee, writing ‘‘Michelle is a bril- and Former Law Clerk to Justice Scalia lican filibuster of a highly qualified liant and extremely accomplished law- September 12, 2013—Kathryn Haun, Assist- nominee for a judicial emergency va- yer, who will make a superb judge. . . ant United States Attorney and Former cancy on the busiest circuit court in [She] has impressed not just those on Counsel to Former Attorney General Mi- chael Mukasey the country. For what is already the her side of the political aisle, but con- third time this year, the majority lead- September 23, 2013—General Counsels from servatives as . . . well.’’ multiple American companies including er has had to file cloture on one of General Counsel from multiple for- Google, Cisco, and Facebook President Obama’s circuit court nomi- tune 500 companies including Google, October 2, 2013—27 Supreme Court Co- nees in order to move the nomination Cisco, and Facebook echo their support Clerks forward. In stark contrast, the Senate of Michelle Friedland, noting that ‘‘Her October 24, 2013—28 Former Law Students confirmed 18 of President Bush’s cir- career has been marked by energy, in- and Current Attorneys cuit nominees within a week of being tegrity, and legal excellence. She has November 4, 2013—22 former Supreme reported by the Judiciary Committee. represented a broad spectrum of clients Court Law Clerks to Justice O’Connor April 9, 2014—Nancy Duff Campbell and Michelle Friedland, nominated to in both the private and public sectors serve on the U.S. Court of Appeals for Marcia Greenberger, Co-Presidents of the . . . The careful, unbiased approach she National Women’s Law Center the Ninth Circuit, is an exceptionally would bring to the types of issues that April 9, 2014—Wade Henderson, President talented attorney, and has an exem- arise before the Ninth Circuit are crit- and CEO, and Nancy Zirkin, Executive Vice plary record of service in the top eche- ical to our nation’s values and to its President, Leadership Conference on Civil lons of the legal profession. She economic health.’’ and Human Rights clerked on the United States Supreme In their letter of support, 22 former f Court for Justice Sandra Day O’Connor Supreme Court Law Clerks to Justice CLOTURE MOTION from 2001 to 2002 and on the U.S. Court O’Connor write, ‘‘We have differing po- of Appeals for the District of Columbia litical views and differing careers, but The ACTING PRESIDENT pro tem- Circuit for Judge David Tatel from 2000 we can all agree that Michelle would be pore. The cloture motion having been to 2001. Ms. Friedland earned her B.S. an excellent federal appellate judge. presented under rule XXII, the Chair with honors and distinction from Stan- We have . . . enjoyed her warm directs the clerk to read the motion. ford University in 1995. She studied at collegiality, her honesty and fairness, The legislative clerk read as follows: Oxford University from 1995 to 1996 as a and her dedication to law above ide- CLOTURE MOTION Fulbright Scholar and went on to earn ology. Michelle would be a tremendous We, the undersigned Senators, in accord- her J.D. with distinction from Stanford addition to the Ninth Circuit Court of ance with the provisions of rule XXII of the Law School in 2000. Appeals, and we urge you to confirm Standing Rules of the Senate, hereby move For over a decade, Ms. Friedland has her nomination.’’ to bring to a close debate on the nomination worked in private practice at Munger, I ask unanimous consent that a list of Michelle T. Friedland, of California, to be Tolles & Olson LLP, where she was United States Circuit Judge for the Ninth of letters of support be printed in the Circuit. named partner in 2010. She has taught RECORD at the conclusion of my state- Harry Reid, Patrick J. Leahy, Debbie as an adjunct professor at the Univer- ment. Stabenow, Jack Reed, Christopher A. sity of School Law and as a If confirmed, Michelle Friedland Coons, Patty Murray, Elizabeth War- Lecturer in Law at the Stanford Law would increase the gender diversity on ren, Richard J. Durbin, Mazie K.

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2337 Hirono, Sheldon Whitehouse, Richard I would have supported cloture on the reauthorize the Justice for All Act and Blumenthal, Barbara Boxer, Kirsten E. nomination of Michelle Friedland.∑ continue these beginning steps of Gillibrand, Charles E. Schumer, John f progress. If it were up to me, we would D. Rockefeller IV, Bernard Sanders, have passed that bill a long time ago. If Cory A. Booker. NOMINATION OF MICHELLE T. it were up to me, I would prefer to re- FRIEDLAND TO BE UNITED The ACTING PRESIDENT pro tem- authorize the entire Justice for All Act STATES CIRCUIT JUDGE FOR pore. By unanimous consent, the man- right now—today. It has been hugely THE NINTH CIRCUIT—Resumed datory quorum call has been waived. successful, and it commands strong The question is, Is it the sense of the The ACTING PRESIDENT pro tem- support across party lines and across Senate that debate on the nomination pore. The Republican whip. the country. of Michelle T. Friedland, of California, A SHARED COMMITMENT That said, it doesn’t appear we are to be United States Circuit Judge for Mr. CORNYN. Mr. President, I start going to be able to do that today, but the Ninth Circuit shall be brought to a by making an obvious point that every we do have an opportunity to take im- close? Member of the Senate is dedicated to mediate action on two of the law’s The yeas and nays are mandatory helping law enforcement officials get most critical components. Indeed, they under the rule. dangerous criminals off the street and could and should be reauthorized right The clerk will call the roll. deliver justice to victims of sexual as- now—today. I am referring, of course, The legislative clerk called the roll. sault, every one of us. to the and the Sex- Mr. DURBIN. I announce that the As we mark National Crime Victims’ ual Assault Forensic Exam Program, Senator from Massachusetts (Mr. MAR- Rights Week and National Sexual As- both of which have been invaluable KEY) is necessarily absent. sault Awareness Month, let’s all keep tools in our efforts to eliminate the Mr. CORNYN. The following Senators that shared commitment in mind. backlog and to improve public are necessarily absent: the Senator Ten years ago I was proud to join safety. from Oklahoma (Mr. COBURN) and the with my colleagues and President Bush Earlier this week our House col- Senator from Texas (Mr. CRUZ). to enact the Justice for All Act, which leagues passed a bill reauthorizing Further, if present and voting, the has made it easier for America’s law those provisions, and the Senate now Senator from Oklahoma (Mr. COBURN) enforcement agencies to protect the in- has an opportunity to take up that would have voted ‘‘nay.’’ nocent, to identify the guilty, and to more narrow House bill to reauthorize The ACTING PRESIDENT pro tem- bring peace of mind to the victims of the Debbie Smith Act and the Sexual pore. Are there any other Senators in violent crime. Justice for All dramati- Assault Forensic Exam Program, even the Chamber desiring to vote? cally increased the resources available if we can’t do the Justice for All Act The yeas and nays resulted—yeas 56, to test DNA samples from crime today. I am hoping that colleagues nays 41, as follows: scenes, to improve our DNA-testing ca- here in the Chamber, and anyone who [Rollcall Vote No. 106 Ex.] pabilities and to reduce the rape kit might be listening to my voice, will YEAS—56 backlog which had become a national join us in this effort to do what we can Baldwin Harkin Nelson scandal. do today to reauthorize the Debbie Begich Heinrich Pryor The backlog was—and remains—a na- Smith Act and the Sexual Assault Fo- Bennet Heitkamp Reed tional scandal of the highest order, but rensic Exam Program and then, when Blumenthal Hirono Reid we are beginning to make some Booker Johnson (SD) it is possible for the Senate to act, to Rockefeller progress. In the city of Houston, for ex- Boxer Kaine Sanders pass the Justice for All Act, the larger Brown King Schatz ample, a backlog that once reached piece of legislation. Cantwell Klobuchar Schumer 6,600 untested rape kits—one of the As I said, I would prefer to reauthor- Cardin Landrieu Shaheen Carper Leahy largest in the country—is now in the ize the entire Justice for All Act, and I Stabenow Casey Levin process of being completely eliminated know there are many of our colleagues Tester Collins Manchin Udall (CO) thanks in part to the support provided who share that sentiment with me. But Coons McCaskill from the Justice for All Act. regardless of whatever minor disagree- Donnelly Menendez Udall (NM) Durbin Merkley Walsh Just to refresh the memories of my ments Members may have, we should Feinstein Mikulski Warner colleagues and for those who might be immediately—today—reauthorize the Franken Murkowski Warren listening, these rape kits consist of fo- Debbie Smith Act and the Sexual As- Gillibrand Murphy Whitehouse rensic evidence collected at crime Hagan Murray Wyden sault Forensic Exam Program. scenes that will help by testing the Again refreshing the memories of NAYS—41 DNA to identify the perpetrator and, in some of my colleagues, and others who Alexander Flake Moran the process, potentially exonerate peo- may not be familiar with it, the Debbie Ayotte Graham Paul ple who have been falsely accused. The Smith Act was named after Debbie Barrasso Grassley Portman Blunt Hatch Risch DNA tests are that good and that effec- Smith who has dedicated her life to Boozman Heller Roberts tive. What is extraordinary about DNA making sure Congress keeps focused on Burr Hoeven Rubio testing in the field of sexual assault is this rape kit backlog problem and Chambliss Inhofe Scott that sexual assault offenders rarely scandal. She is one of the biggest Coats Isakson Sessions Cochran Johanns commit that crime once. They are cheerleaders for this law that now Shelby Corker Johnson (WI) Thune typically serial offenders. In other bears her name. This is also the name Cornyn Kirk Toomey words, they keep at it until they are Crapo Lee for the portion of the law that allo- Enzi McCain Vitter caught. As we have learned from law cates funds to the Department of Jus- Fischer McConnell Wicker enforcement officials, when there is tice to use for grant programs to foren- NOT VOTING—3 not an adult victim available, these of- sic laboratories, police departments, fenders are opportunistic and they will Coburn Cruz Markey and other law enforcement agencies attack children, the most vulnerable around the country that may not have The ACTING PRESIDENT pro tem- among us. So this is enormously pow- the money or the expertise or the pore. On this vote the ayes are 56 and erful evidence that is available to law wherewithal to be able to test these the nays are 41. enforcement to exonerate the falsely rape kit backlogs. The motion to invoke cloture is accused, to make sure the guilty are It is not just my position that these agreed to. identified with scientific precision, and two provisions the House has passed VOTE EXPLANATION to take serial offenders off the street so should be taken up and passed by the ∑ Mr. MARKEY. Mr. President, I was they can’t commit other acts of vio- Senate and then catch up in due course necessarily absent from the roll call lence. with the entire Justice for All Act. It vote on the motion to invoke cloture Last year I joined with the senior is also the position of the Rape, Abuse on the nomination of Michelle Senator from Vermont, the chairman & Incest National Network, the Na- Friedland to be a U.S. Circuit Judge for of the Judiciary Committee, to intro- tional Center for Victims of Crime, the Ninth Circuit. Had I been present, duce bipartisan legislation that would and, of course, Debbie Smith herself,

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2338 CONGRESSIONAL RECORD — SENATE April 10, 2014 and I am confident many of my col- the immigration front. My office did a rious crimes. A study came out from leagues have heard from her. report and an analysis recently that CIS, Center for Immigration Studies, All of those folks support the provi- pointed out that this administration, that found 1 in 3 criminal alien encoun- sions of the bigger bill. But if we can’t unlike what had been done historically, ters last year resulted in a release. do that today, they support the Sen- has been counting border apprehen- They are being released, in one form or ate’s passing the provisions that have sions as ICE deportations from the another, and are remaining in the passed the House as soon as possible. United States. Classically, before that country. We now have an opportunity today to ICE officers—the Immigration Customs We have so much going on that is do something to support countless vic- Enforcement officers—apprehended very troubling to me. Former ICE Di- tims of sexual assault during National people inside the border and did re- rector John Sandweg said recently: Sexual Assault Awareness Month and moval proceedings and that was what If you are a run-of-the-mill immigrant National Crime Victims’ Rights Week. was counted. So they have used those here illegally, your odds of getting deported All of these groups and individuals sup- numbers to create the impression that are close to zero—it’s just highly unlikely to port the immediate reauthorization of a great deal more removals are occur- happen. the Debbie Smith Act. ring than actually are. That is not Now that is the truth. I was a Fed- I am proud to stand here with the he- good. The administration should not be eral prosecutor. I know how the system roic people who have dedicated their doing that, and it has created confu- works and I have worked with ICE offi- lives to helping address this backlog sion. It is just one more example of cers and Border Patrol officers and scandal of untested rape kits, and even this administration’s willingness, un- prosecuted their cases. This is what the more proud to stand with those who fortunately, to misrepresent and twist reality is, and it is not right. It should are willing—and spending their time numbers to advance an agenda they be- not be. and treasure—to help folks who need to lieve ought to be advanced. When we have the Vice President of heal, who need justice, and who are We are a nation of immigrants. We the United States saying recently he asking for our support. In all my years believe in immigration, but we believe considers the 11 million people here il- of public service, Debbie Smith is in a lawful system of immigration. legally as citizens anyway, what mes- among the most inspiring people I have Most Americans believe the lawless- sage does that send, colleagues, to an ever had the privilege of meeting. I sin- ness should end and we should have a individual who would like to come to cerely hope my colleagues will keep system that creates a mechanism by America permanently but has a visa to her in mind and others like her as we which people apply and they are admit- work so many months or be a student move forward with this legislation. ted based on a fair evaluation of the for so many months and the visa is Earlier this week, Debbie reminded people most likely to be prosperous in over? What does the statement of the me that the rape kit backlog is not America and do well and contribute to Vice President mean to him? It means just about numbers and DNA samples the Nation and should be given pri- he doesn’t have to go home. All he has and scientific testing. It is about peo- ority—and we are just not doing that. to do is just stay in the country. If he ple, it is about justice, and it is about So the administration contends and is in the interior and not caught at the recovery. As she so eloquently put it: says openly that we will not deport border and came in by airplane, flew These aren’t rape kits that need to be test- people, except those who commit seri- into Philadelphia or Denver, he gets to ed. These are lives that need to be given ous crimes, which apparently does not stay. As long as he doesn’t get con- back to their owners. These are fragments of include DUI’s. The crimes almost al- victed of a felony, nobody is ever going lives that have been torn apart. ways have to be a felony, it appears, in to bother him. So this is an open bor- I hope my colleagues will remember order for people to be deported, accord- der. those words as they contemplate how ing to the administration. We will ig- If they get past the border, get into we should move forward on the House nore the law for that company down the interior, go to St. Louis, go to Salt provisions that have been passed, as the street in a high unemployment Lake City, go to Little Rock, Arkan- well as the larger Justice for All Act, area which has five employees working sas, then they can stay. That cannot be both of which I support. By reauthor- illegally. They would not be removed. the policy of the United States of izing the Debbie Smith Act—and later, They will be allowed to stay and con- America. It cannot be the policy of a in due course, whenever we can do it, tinue to work unlawfully, while Ameri- nation that expects its laws to be re- the larger Justice for All Act—Mem- cans who cannot get a job are drawing spected that if someone can get past bers of Congress can continue doing unemployment insurance and other the border or they can get a visa into our part to help people like Debbie subsidies. This is happening all over the country and overstay, nobody will Smith heal wounds, repair lives, and America. have any intention of removing them make our country a safer place. So getting to this fundamental point: or enforcing the agreement they made Mr. President, I yield the floor, and I Government is not being operated in or enforcing the law. I feel strongly suggest the absence of a quorum. ways that it should, conducted by a about this issue. The PRESIDING OFFICER (Mr. President who is charged to see that People are unaware of how this is BOOKER). The clerk will call the roll. the laws of the United States are faith- happening. I see in addition to the fan- The assistant legislative clerk pro- fully executed. He has issued prosecu- ciful claims about who is being de- ceeded to call the roll. torial removal policies that go beyond ported or removed, this was on the The PRESIDING OFFICER. The Sen- creating a mechanism to enforce the front page of ator from Alabama. law but in fact wipe out the law, elimi- today. Steven Dinan says the projec- Mr. SESSIONS. I would ask unani- nate the law. tions of the Washington Times show mous consent that the order for the There has never been a requirement that Federal agents are ‘‘ . . . on pace quorum call be rescinded. in the law that if someone is in the this year to remove the fewest number The PRESIDING OFFICER. Without country illegally, they can stay as long of immigrants of President Obama’s objection, it is so ordered. as they don’t get convicted of some tenure.’’ The clerk will report the nomination. other felony unrelated to an immigra- It goes on to say: The assistant legislative clerk read tion violation. Indeed, under the policy That slower pace contrasts with the Presi- the nomination of Michelle T. as it is being executed, if an individual dent’s argument that he is enforcing the Friedland, of California, to be United has false documents, which is a felony laws to the fullest extent possible by tar- States Circuit Judge for the Ninth Cir- for an American citizen, that doesn’t geting criminals and recent border crossers. cuit. count as a deportable crime. It is only The article goes on to say that the The PRESIDING OFFICER. The Sen- drug dealing or a crime of violence or ICE officers are fully funded to remove ator from Alabama. robbery under the policies that we are at least 400,000 people, and at this rate IMMIGRATION carrying out. they will be well below that figure. Mr. SESSIONS. I wish to share with They say they are faithfully exe- Why? Because it is the policy not to my colleagues some recent develop- cuting that policy in part, deporting enforce the law. This is what is going ments that I believe are important on the individuals who are convicted of se- on in this country.

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2339 On the same page there is the head- through an airport, through a seaport, who comes lawfully. Since I am here, I line of an article that ‘‘Sheriffs warn of is free to illegally remain in the United am not going to leave. violence from Mexican cartels deep States, free to claim certain tax bene- Is it any wonder we have more people into interior of U.S.’’ fits, free to work and take jobs that staying, as the border patrol chief said? It goes on to say: unemployed Americans need. This de- President Obama made a series of Outmanned and outgunned, local law en- prives millions of Americans of their nominations—Mr. Jeh Johnson, the forcement officers are alarmed by the drug jobs, wages and represents a dramatic, head of Homeland Security, a lawyer at and human trafficking, prostitution, kidnap- breathtaking nullification of Federal the Department of Defense and a polit- ping and money laundering that Mexican law. ical campaigner. He heads the Depart- drug cartels are conducting in the U.S. far This law enforcement collapse is evi- ment of Homeland Security, which is a from the border. dent everywhere—872,000 aliens have huge department. He can be counted on Not just at the border but away from been ordered removed but haven’t left. to know one thing: He is very close to the border. It goes on: So we order people removed. They get the President, and he is to carry out U.S. sheriffs say that securing the border is released on bail or get released in order the President’s wishes. He doesn’t a growing concern to law enforcement agen- to remove themselves or show up for know anything else about running a cies throughout the country, not just near removal. How many are showing up? big, major law enforcement operation the U.S.-Mexico boundary. ‘‘If we fail to secure our borders, then Not many. It is called a catch and re- such as this. Mr. Perez, the former As- every sheriff in America will become a bor- lease, as has been referred to. sistant Attorney General at the De- der sheriff,’’ said Sam Paige, sheriff of Rock- There are 872,000—almost 1 million— partment of Justice’s Civil Rights Divi- ingham County, NC. ‘‘We’re only a two-day who at one time or another have been sion, was very active with the pro-am- drive from the border and have already seen ordered removed but haven’t left, and nesty group in Maryland before this. the death and violence that illegal crossings 68,000 potentially deportable aliens Mr. Rodriguez, who has been nomi- brings into our community.’’ deemed criminal by type were released nated to be the Director of USCIS— Other sheriffs joined in expressing by immigration officials last year. they were installed not to be good and that similar concern. These were people who were charged smart law enforcement officers but to We are not where we need to be. with crimes and still didn’t leave. effectuate the President’s agenda. You Since the President took office, inte- The chief of the Border Patrol—this want to know the truth? That is the rior removals have been cut nearly in is the guy who runs the border effort truth. They were put in there to carry half. They have dropped by 44 percent. with his team—predicted a tenfold in- out the agenda, not to carry out law More than half of the ICE removals crease in the presence of illegal youth enforcement. since 2009 are the border apprehensions, crossing the border between 2011 and The morale at Homeland Security is where they just caught them at the 2014. They have been told: Come on the lowest of any major entity in the border and sent them back. These are down, nothing is going to happen, and U.S. Government. They have actually not interior deportations as the statis- it has created more people coming, this sued supervisors because they are being tics used to be focused on. Two-thirds lack of enforcement. blocked from enforcing the law as they of all ICE removals last year were bor- The Los Angeles Times reports that have taken oath to do. der apprehensions. So—I said ‘‘half’’ the number of asylum claims at the I see my colleagues are here, and I earlier—it is two-thirds of the numbers borders have increased sevenfold since will yield the floor. First, I will con- that they are counting as deportations 2009. Well, the administration devel- clude by saying that I hope my col- and removal are border deportations oped a policy of stopping everything. leagues will look at this. These facts that weren’t previously counted as All someone has to do is say, I am are not disputed. This is not accept- such. claiming asylum, and the whole proc- able. It cannot be that the U.S. Gov- Ninty-four percent of the people re- ess stops. Time goes by. Often the indi- ernment would carry on its business in moved last year—get this—were either viduals who claim asylum are released this way. It is dangerous not only on apprehended at the border, which is not on bail and then they don’t leave. We immigration law but any other law attributable to apprehension, or were don’t know where they go. This is in ef- that might come up in the future. convicted of a crime while in the fect a postmodern view of challenging Presidents cannot, Attorneys Gen- United States. the very idea that we are a nation- eral cannot, and Homeland Security Do you hear that, colleagues? Nine- state with real borders. Attorney Gen- people cannot fail to enforce plain law ty-four percent of the people who were eral Holder and Cecilia Munoz, who is without creating serious damage to the removed were either people captured at the President’s Assistant and Director great American constitutional legal the border or committing a serious of the Domestic Policy Council, who system that has protected us and pro- crime, and even those who commit se- used to be with La Raza, described am- duced our prosperity. rious crimes are not deported. Most of nesty as a civil right. If you come into I thank the Chair and yield the floor. the rest were repeat violators or fugi- the country illegally, the Attorney The PRESIDING OFFICER. The Sen- tives. General of the United States declares ator from Delaware. So 99.9 percent of the 12 million ille- that these individuals have a civil AMTRAK gal immigrants and visa overstays, right to amnesty. How can this pos- Mr. COONS. Mr. President, I would without known crimes on their record, sibly be? This is the chief law enforce- like to start this afternoon by thank- including those fleeing from authority, ment officer in America? ing Chairman MURRAY for her tireless did not face removal last year. So if Vice President BIDEN recently said: work on the Budget Committee—on someone was here as a visa overstay or You know, eleven million people live in the which I serve—to develop and pass a bi- an illegal entrant inside the country shadows. I believe they’re already American partisan budget, a budget that sets us and did not commit a crime, 99 percent citizens . . . eleven million undocumented on a path to return to regular order. of that—99.92 percent of the 12 million aliens are already Americans. Senator MURRAY has also been a tire- here were not involved or no action Goodness. The Vice President of the less advocate for transportation and in- was taken to remove them. It just goes United States would make such a frastructure programs, and as chair of to show our law enforcement system is statement. It is stunning beyond belief. the Transportation, Housing and Urban in a state of collapse. It is a deliberate Apparently, if somebody is supposed to Development, and Related Agencies plan by the President of the United get on an airplane to leave this coun- Subcommittee of the Appropriations States, and it is wrong. People need to try because their visa is up and then Committee—on which I also serve—she be aware of it and need to stand up to they read the Vice President’s state- fought tirelessly to include adequate it and I think the American people are ment, they could just say: Well, I will funding for Amtrak back in the fiscal beginning to do so. just stay. Why should I go back? I year 2014 omnibus and moving forward. This administration has effectively would rather stay now. I kind of like The topic I would like to take up declared that anyone in the world who this place. If I go back, I will have to today is the role of Amtrak in our illegally gains access to the interior of wait in line. I will have to compete country and our communities and its the United States through a border, within the system like everybody else appropriate role as a central piece of

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2340 CONGRESSIONAL RECORD — SENATE April 10, 2014 Federal transportation policy going cause Amtrak employs over 1,000 men build partnerships between several im- forward. and women in the State of Delaware. portant entities, such as the Thomas Senator MURRAY has been a terrific Many of them work at two mainte- Jefferson University in Philadelphia advocate for investing across a wide nance facilities—Wilmington and and the Aberdeen Proving Ground in range of transportation modalities. As Bear—where they repair everything Maryland. What makes that partner- a member of the Appropriations Com- from train seats to the heavy trucks to ship possible is the backbone of the mittee, I look forward to working with the cars themselves. I have had a Northeast corridor—the connection be- her and our leading full committee chance to visit them on a number of tween these different cities that has chair Senator MIKULSKI to make sure occasions. It is incredible to see the made all of us stronger and better be- we are successful in fighting ardently work ethic and capabilities of the men cause of passenger rail. and steadfastly for Amtrak this year and women of Amtrak. These shops I hope from these few examples it is and into the future. have been there for a long time. They clear that passenger rail is also a crit- I come to talk on the floor today have worked hard to modernize, to be ical component of economic develop- about the importance of our national relevant, and to contribute to the ment. Passenger rail tends to link passenger rail system—Amtrak—be- strengthening bottom line of Amtrak downtown urban areas and tends to be cause this is not just about getting overall. absolutely central to anchoring their people from point A to point B. Invest- I would like to mention ‘‘Irish’’ John, revitalization, as the Presiding Officer ing in Amtrak also means creating who is a good friend of mine and has knows so well. jobs, making our whole economy more been a leader for the sheet metal work- Passenger rail is also critical not just dynamic, and making America more ers for a long time. Sheet metal work- in the Northeast corridor but in com- competitive. ers with Amtrak were one of the munities across the country that rely Amtrak is performing better and bet- unions that worked with management on it to connect with other commu- ter each and every year. As the Pre- to find ways to significantly save costs nities and our country’s major eco- siding Officer knows all too well, rider- on overhaul work on Acela train sets, nomic centers. ship over the last decade has steadily which resulted in Amtrak choosing not State-supported services have be- increased. In fact, 10 of the last 11 to farm out their service work and in- come a major source of ridership years have seen record numbers, and growth for Amtrak as well, with that stead do a $125 million job to overhaul last year we broke through 31.6 million ridership nearly doubling between 1998 20 Acela sets in-house. This is union riders on Amtrak. The trains are more and 2013. labor, and this helps support good mid- and more crowded, but they are arriv- Long-distance ridership across the dle-wage jobs. This helps support good ing more and more frequently on time great heartland of our country has also middle-class families and middle-class and the quality of the train sets and grown by roughly 20 percent without communities in Delaware and our re- the quality of the service provided by the introduction of any new services, gion. This particular work on this frequencies, or equipment. In fiscal the conductors and the other folks who 1 work for Amtrak has steadily in- Acela overhaul will last more than 3 ⁄2 year 2013, long-distance ridership creased. years and sustain dozens of jobs at our reached its highest point in 20 years. As the value proposition of Amtrak Bear repair facility. However, we are at the proverbial has increased, so has ridership. Record My friend Bill, who is with the IBEW crossroads—or I suppose I should say ticket sales and other revenues have Amtrak union, is another friend who crossing—now because ridership is made this possible. Today Amtrak cov- has helped me understand the critical soaring, Amtrak is more popular than ers nearly 89 percent of the cost of op- role of the employment Amtrak pro- ever before, and demand will continue erating their trains, which is by far the vides to our whole region—not just to to grow, but we are not keeping up best of any passenger rail operation in Delaware, not just to the Philadelphia with the investment in infrastructure the United States. They are, in fact, on area, but to the whole Northeast cor- that we need to sustain this growth track to cover 90 percent, through rev- ridor. into the future. enues, of their total operating costs in When we talk about investing in Am- For instance, right now there is near- 2014. Because of this success, since 2002 trak, we are not only investing in new ly $6 billion in outdated, delayed in- Amtrak has decreased its debt by more options for commuters and businesses, vestments that need to be made just in than half. we are talking about investing in our the Northeast corridor to bring it to My home State of Delaware and the communities and in workers who will what is called a state of good repair. I Presiding Officer’s home State of New build and maintain the next generation will focus on a few of the critical infra- Jersey are part of one of the oldest and of American rail. As I said, these are structure needs in the Northeast cor- most critical sections of our national great, high-skilled jobs. By investing in ridor, but there are also needs across passenger rail system, the so-called Amtrak’s present and giving them a the country. Northeast corridor, which goes from predictable future, we will preserve and Baltimore is a city I traveled to Washington. If it were its continue these important skills and through this morning on my way to own separate economy, the Northeast these important workers and their this Capitol on the Amtrak train. In corridor would produce $3 trillion a families in our communities. Baltimore, Senator MIKULSKI’s home year—21 percent of our Nation’s total Amtrak’s benefits go beyond just the State, the B&P tunnels have stayed economic output—which would make it immediate skilled workers and their open since 1873. Although they have the fifth largest economy in the world families and the communities that ben- undergone periodic repairs, none of if it were on its own. But it is not. It efit from them. them were built to be permanent. We is an integrated part of our Nation, and In Delaware, the services Amtrak can’t be competitive if we continue to its passenger rail infrastructure is an provides help to keep and draw in new rely on tunnels that have been around integrated part of our national com- businesses through a ripple effect in since roughly the time of our own Civil mitment to efficient and effective our whole economy. Last week there War. We need to invest in modernizing transportation. was an announcement of a new com- this infrastructure. In this region in particular, Amtrak pany that is spinning off out of Sallie Between the Presiding Officer’s home is not a luxury; it is a fundamental and Mae that will be locating its head- State of and the great critical part of our economy and mov- quarters and 120 jobs in Wilmington. State of New York, preliminary plan- ing our community and our people for- They have chosen a site specifically be- ning is underway on the Gateway Tun- ward. If Amtrak service were cut off in cause it is walking distance from our nel, which is a critical tunnel that will the region for just a day, it would cost Amtrak station—from the Joseph R. ease the bottleneck under the Hudson our economy $13 million. One-third of Biden Amtrak Station in Wilmington, that causes delays throughout the all the jobs in the Northeast corridor— DE. whole region, limits the options of or 7 million jobs—are within 5 miles of In Newark, the University of Dela- travelers, and ends up costing the econ- a station. ware is building a new campus called omy more in the short and long run. Amtrak’s impact on my home State the Science, Technology and Advanced We need to invest in our infrastruc- of Delaware is particularly large be- Research—STAR—Campus, which will ture.

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2341 In Delaware, we have a bottleneck Mr. BARRASSO. Madam President, I amazingly— around our most popular station, the ask unanimous consent to be allowed operated out of hospitals no longer covered Joseph R. Biden Station in Wil- to speak as in morning business. by her insurance. . . . mington. The rail lines north and The PRESIDING OFFICER. Without So if the surgeon was covered, the south of that station slim from three objection, it is so ordered. hospital was not or, vice versa, she lines to two, restricting service and OBAMACARE could find a hospital that would cover preventing the addition of new rail Mr. BARRASSO. Madam President, I her surgery but could not find a sur- service. Thanks in part to a Federal come to the floor today, as I have re- geon who was covered by her insurance high-speed rail grant, construction will peatedly since the health care law has that was on the staff of that hospital. soon be underway to add a third track been passed, with concerns I have and It says: to alleviate this critical chokepoint, to share some information with the [Ms.] Friedlander spent days on the phone, the main one just south of the station. Senate because of my concerns that in hours on hold, making dozens of calls across Without new investment, that order to help some people who did not Southern California, trying to match a sur- chokepoint will continue north of the have insurance, I am afraid we have geon with a hospital that would both be cov- station. hurt many people who did have insur- ered. In total, she reached out to 20 [dif- And that is not to mention the hun- ance, did have care they liked. The ferent] surgeons and five [different] hos- President continued to focus on cov- pitals. dreds of bridges and tunnels and other ‘‘No one could help me. Some expressed connection points—including the over- erage, and I have more concerns, as a sympathy,’’ Friedlander, 40, told The Huff- head centenary lines—that require re- doctor, about people actually getting ington Post in an email. ‘‘They told me, ‘I’m pair and replacement on the Northeast care, getting health care, the care they so sorry—it’s all just so new. You’re a victim corridor alone. We need to invest in our need from a doctor they choose at of the changes. No one knows what they’re infrastructure not just in the North- lower costs. doing.’ ’’ east corridor but across this whole So I come to the floor today to talk So what we have here is a victim of country. We do spend a lot of time here about a new story out this morning, ac- the Obama health care legislation be- on this floor, as we should, talking tually in the Huffington Post, called cause first we had to pass it before we about our Nation’s fiscal deficit and ‘‘How Obamacare Leaves Some Pa- get to find out what is in it. debt, but we should also focus on our tients Without Doctors.’’ Unable to match a hospital and a surgeon physical deficit and debt—the delayed I recall how the President had said: If that were both covered, [Ms.] Friedlander repair of critical pieces of infrastruc- you like your policy, you can keep started haggling between doctors for a cash ture that we rely on for our economy your policy. He said: If you like your price for the surgery. She chose a surgeon doctor, you can keep your doctor. Yet who wasn’t covered by her insurance but who and for our communities but that we we are hearing stories from all around operated in a hospital that was covered. are not focused on. If we invest in our infrastructure the country of people who have found Because she could not, with her in- today, it will employ people in repair- that not to be true. surance, get both the hospital and the I have heard the majority leader ing it and lay the groundwork for im- doctor. come to the floor and say in a state- provement of our economy over the She expects her insurance to pay the hos- ment that so many stories are lies, pital bill, but she had to pay her surgeon’s long term. I recognize the reality that they are made up. But I will tell you bill herself. while the budget picture has improved, that this morning, in this publication, All out of her own pocket. it is not yet as good as it should be. We there is a lengthy story of several pa- The article goes on to report: are still facing real fiscal challenges. tients in California who have had pain, I ride between Wilmington and Wash- . . . nationwide, about 70 percent of problems, medical concerns, signed up Obamacare plans— ington nearly every day on Amtrak, for insurance, and, as a result, have and our workers are responsible for re- About 70 percent of the plans pur- found out they have insurance, they pairing and retrofitting a lot of the chased on the Obama health care law— have coverage, but they cannot find trains on which I ride. I am impressed offer fewer hospitals and doctors than em- care. with their skill and the caliber of their ployer-sponsored group plans or pre-ACA in- So I would like to share with the dividual market plans, according to a study repair work. As a rider and our State Senate today a story, and it has some by consulting firm KcKinsey & Company re- Senator, I see how critical Amtrak is of the concerns I raised during the de- leased in December. This narrowed number to our economy, our communities, and bate and the discussion of the health of doctors and hospitals is what [Ms.] Fried- to our country as a whole. I hope that care law. But the Speaker of the House lander encountered when trying to match a is clear to the rest of the Members of surgeon and hospital that would both be cov- at the time, NANCY PELOSI, from Cali- ered. this Chamber. fornia—the State where this hap- I hope that anyone watching who has pened—said: First you have to pass it What we are hearing today is that appreciated the value of Amtrak’s con- before you get to find out what is in it. about 70 percent of ObamaCare plans necting power that links this country Well, now people all across the country offer fewer hospitals, fewer doctors, in together from east to west and north to are finding out what is in it, and they spite of the President’s promise to the south will communicate with their are finding out they are terribly dis- American people that if you like your Senator and convey the importance of appointed and they feel they have been doctor, you can keep your doctor; if strong and sustained investment in the sold a bill of goods and they are getting you like your plan, you can keep your Northeast corridor, yes, but across the stuck with a bill, and they are finding plan. whole reach of our country. Only by out it is not very good for them. Now, Covered California says they strengthening Amtrak and ensuring The report in this morning’s Huff- are aware of the problem. A spokesman the vibrancy of the entire Nation’s sys- ington Post starts out: for the group—a senior medical adviser tem of passenger rail can we really en- In January, a doctor told [Ms.] Fried- with the ObamaCare plan in Cali- sure that American rail will be there lander, who was suffering from excruciating fornia—says: for years and generations to come. lower back pain, that she needed surgery to We understand that some people are hav- With that, I yield the floor and sug- remove part of a severely herniated disc. ing trouble getting access to the doctors and gest the absence of a quorum. Well, she had Blue Shield insurance, hospitals they need. And we’re working very The PRESIDING OFFICER. The as they report, through Covered Cali- hard to fix [that] as fast as we can. clerk will call the roll. fornia, which is California’s version of Well, perhaps if people had actually The bill clerk proceeded to call the ObamaCare, and she planned to use read the law, understood what was in roll. that coverage to pay for the operation. it, they would have seen this coming. Mr. BARRASSO. Madam President, I It makes sense. The President said your insurance ask unanimous consent that the order This is what happened. It says: premiums would drop. He said families for the quorum call be rescinded. But when she started to call surgeons cov- would save $2,500 a family. But the ar- The PRESIDING OFFICER (Ms. ered by Blue Shield, she ran into a road- ticle says: BALDWIN). Without objection, it is so block. Surgeons who were covered by her in- To make up for ACA costs and keep pre- ordered. surance— miums low, Blue Shield asked its doctors

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2342 CONGRESSIONAL RECORD — SENATE April 10, 2014 and hospitals to accept payments from the quently. Fear estimates that about two- who take care of those patients—and it insurer at rates [well] reduced— thirds of Blue Cross and Blue Shield’s spe- is terrible for taxpayers. Tax rates will Reduced from what they normally cialists have opted out of the networks. continue to go up. Taxes are con- got— It is not just that one patient whom tinuing to go up as a result of the reduced [by] up to 30 percent. I talked about. There is, like Ms. Fried- health care law and the expenses re- The article goes on: lander, Ruth Iorio, a 35-year-old new lated to it. It has failed repeatedly in mother from Los Angeles. She is strug- Not surprisingly, some doctors and hos- dealing with the needs of the American pitals rejected Blue Shield’s reduced pay- gling to find the care she needs in Blue people, who knew what they wanted in ment rates and decided not to re-sign con- Shield’s smaller network. the first place, which was they wanted tracts with the insurer. At least three major She signed up for Blue Shield through Cov- the care they need from a doctor they Los Angeles hospitals previously covered by ered California in November because the choose at lower costs. Instead, they got Blue Shield— Covered California website listed her hos- this. And, Madam President, I will tell pital— I yield the floor. you, these are first-class hospitals, The Web site, the President’s Web The PRESIDING OFFICER. The Sen- these are highly thought-of hospitals, site, the Covered California Web site— ator from Virginia. hospitals with incredibly good reputa- listed her hospital, UCLA, as accepting Blue THOMASINA JORDAN INDIAN TRIBES OF VIRGINIA tions. Shield. . . . FEDERAL RECOGNITION ACT . . . three major Los Angeles hospitals pre- Continuing: Mr. KAINE. Madam President, I rise viously covered by Blue Shield—UCLA— However, after Iorio gave birth in Decem- today to speak on behalf of S. 1074, the The University of California-Los An- ber, she was told that her ob-gyn at UCLA Thomasina Jordan Indian Tribes of geles— was not covered by her insurance. So she Virginia Federal Recognition Act of paid out of pocket. Cedars Sinai and Good Samaritan—have 2013. This is a bill granting Federal rec- Iorio has not been able to find a urologist ognition to six Indian tribes. The bill opted out of the insurer’s new network. . . . for her son or an ob-gyn who is both covered According to [the communications man- by her insurance and practicing in a hospital has recently been reported out of the ager from Blue Shield], Blue Shield of Cali- that is covered. Senate Committee on Indian Affairs, fornia now has about 40 percent fewer physi- The President said: You can keep and I want to thank Chairman TESTER, cians and 25 percent fewer hospitals in its the former chairwoman, Senator CANT- network than last year. your hospital, you can keep your doc- tor, you can keep your plan. WELL, and all members of the Com- You listen to what is happening, and mittee for this action. they talk about the significant gaps oc- She’s called over a dozen doctors who are These six Indian tribes—the Chicka- curring in California. covered by her insurance, and each has told her that if she or her son needs an operation hominy, Chickahominy Eastern Divi- These are the concerns I hear about in the hospitals the doctor contracts with, it sion, Upper Mattaponi, Rappahannock, when I go home to Wyoming every won’t be covered. Monacan, and Nansemond—are among weekend. These are the concerns I So even if they get a doctor who is the best known tribes in American his- heard about this past weekend in Cas- under their plan, they cannot go to a tory, but they have never received Fed- per, in Douglas, in Riverton, in hospital to get actually a procedure eral recognition. Madam President, 566 Thermopolis, and in Newcastle trav- done. tribes have received Federal recogni- eling around the State. People are not As this lady says: tion—the vast majority by congres- able to keep their insurance. They are ‘‘My insurance is pretty useless. And I’m sional action—but these tribes have not able to keep their doctors. It is not fussy about what doctor I see,’’ Iorio not been recognized. happening all across the country, and said. ‘‘I don’t know what to do. I may just The story of these tribes and why we see this story out of California drop it for myself and keep my son on it. It’s they have never been recognized is why today. really depressing.’’ I take the floor. The interesting part of the issue with It is really depressing what the Presi- It is an amazing story but it is also a California is that—the article goes on dent and the Democrats have forced deeply tragic story. But the tragedy and they talk to an insurance agent in down the throat of the American peo- can be redeemed if Congress acts to Sacramento who says: ‘‘ . . . people ple with this health care law. correct a gross historical injustice that who already had insurance’’—‘‘ . . . The article continues: has deprived these tribes of their right- people who already had insurance’’— Before joining Covered California, Iorio ful place. This is about a full account- ‘‘especially healthy, young people, may had an individual Blue Shield plan that was ing of our past, but it is also about a be paying more under Covered Cali- cheaper than what she now pays and that fair and truthful recognition of living fornia’’—‘‘may be paying more’’; not gave her wider access to doctors and hos- people who have maintained their own what the President promised—‘‘for pitals. tribal identity, customs, and traditions fewer hospitals and doctors.’’ Cheaper, wider access. Exactly what against unbelievable odds for hundreds That is not what the intent of the the President had promised her is ex- of years. health care law was but it is what the actly what this woman has lost be- The English settlers who arrived at health care law has delivered. cause of the health care law. Jamestown in 1607 established a settle- This is what is happening to real peo- She goes on and says: ment on an island, on land that was al- ple, real families, all across the coun- ‘‘I’m paying $500 a month and every doctor ready under the control of the Pow- try. The majority leader says: false, I’m calling is saying, ‘No, I can’t see you,’ ’’ hatan Indians. The Indians made up, whole cloth. But I will tell she said. ‘‘I feel like a second-class citizen.’’ were a confederation of numerous East- you, these stories will continue to Is that what the President’s health ern Algonquian Indian tribes who had occur. care law is all about: making people organized in the Chesapeake region. It is interesting, in today’s article in feel like second-class citizens, hearing The interaction among these Pow- the Huffington Post it says: from folks when they call and ask for hatan Indians and these six tribes that And when signing up for a plan, it’s dif- help that, sorry, you are just a victim were part of this Powhatan Confed- ficult to determine which doctors and hos- of the Obama health care law—a nation eracy and the English is known to vir- pitals are still covered. of more and more victims? It does tually every American. The original They are talking about California seem, as you look around the country, settlement of England in the United now. The article says, quoting an in- for those who have been helped, we States was on the verge of failure nu- surance agent in California: should not have had to hurt this many merous times and had to be rescued by ‘‘You can sign up on Covered California people because of a law the American a commoner who was part of that and think you’re totally fine, only to find people said ‘‘we do not want’’ and was group, John Smith. out later that you’re totally hosed’’. . . . forced, on single-party lines, down the Only John Smith could keep this lit- This man, David Fear, goes on to say: throats of the American people. tle settlement alive. Early after the ar- Specialist doctors, such as surgeons, ob- This law is bad for patients. We have rival of the English, John Smith was gyns and urologists, declined Blue Cross and seen that today. It continues to be bad captured by the Powhatan Indians and Blue Shield’s lower payments most fre- for providers—the nurses, the doctors, was on the verge of being executed by

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2343 Chief Powhatan because they were un- mansion and they present to the Gov- six counties in Virginia. Five of the sure about what they thought of these ernor deer, turkey, fish, and gifts as a county courthouses where all their English settlers. In this wonderful tribute to the peaceful relationship be- birth, death, and marriage records were story, as he was about to be executed, tween these tribes and the Common- stored were burnt during the Civil War. , the daughter of Chief Pow- wealth of Virginia since 1677. It was a But there were still some records that hatan, saved his life. By saving his life, beautiful aspect of my time as Gov- existed—some. that act paved the way for the survival ernor. It was something we looked for- But in a bizarre bit of our 20th cen- of this very struggling colony. That ward to every year. The members of tury history, Virginia passed a law, the colony then grew into English-speak- these tribes look forward to it as well. Racial Integrity Act, in the 1920s. ing America, as we know, with the ar- Tribal members who have moved all Under a misguided and bizarre notion rival of later groups of English at across the country and all across the of ‘‘racial purity,’’ the eugenics move- Plymouth Rock and thereafter. world come home for a homecoming, ment, State officials determined that That act by Pocahontas is known to and it begins at the Virginia Gov- you were either white or you were col- virtually all Americans. Over the ernor’s mansion. ored. There was no such thing as an In- course of the next few decades, they Now I get to the injustice. The inter- dian. The leader of the State Bureau of went back and forth in the relationship actions between these Indians and the Vital Statistics, a man named Walter between these tribes and the English first English settlers is known to ev- Plecker—this is well documented— colonists and then between these tribes erybody—that story about Pocahontas sadly held the position of head of the and African slaves. The first Africans and John Smith, and then Pocahontas’ Bureau of Vital Statistics from 1924 to who came to the new world also came wedding to John Rolfe and her moving 1967, 41 years. to Jamestown Island in 1619. to England and dying there. You can go Remaining records such as they were But after Pocahontas’ act, it was to Pocahontas’ grave at Gravesend, in that 41-year period, he undertook generally a peaceful relationship. which is where the Thames River what is known in Virginia as the There were some times of hostility, but dumps into the sea. She died coming ‘‘paper genocide.’’ He systematically in treaties in the 1640s and then again back to Virginia. The English tend her went into every remaining record he in a final treaty in 1677, the Treaty of grave with reverence at a small Epis- could find and recharacterized anybody the Middle Plantation, the Powhatan copal church in that seaside commu- who had claimed a descent and a tribal Confederacy and these six tribes basi- nity. connection as an Indian to ‘‘colored.’’ cally said to their English colonist This is the most archetypal story of Records were destroyed or altered in a neighbors: We want to live in peace the interaction between European set- very significant way. with you. tlers and the Indians who were our na- Both of these reasons have made trib- Pocahontas got married to John tive inhabitants. But despite the im- al recognition through the BIA proc- Rolfe, an English tobacco planter. That portance of this interaction, despite ess—the Bureau of Indian Affairs—very was a seminal event in early Virginia the fact that the tribes have lived and difficult. Of the 566 tribes that have colonial history. So by the 1680s, 75 maintained their existence intact since been recognized, only about one-fifth years after the settlement of James- before the settlers arrived here, the have gone through the administrative town Island, the Powhatan Confed- tribes have never been recognized along process. That process usually requires eration was no more. But these Vir- with the 566 tribes who have. heavy documentation. ginia Indians continued to live and Why? Why have they never been rec- But the treaty was with the wrong maintain their tribal identity, but they ognized? Well, unbelievably, the first government, and the birth, death, and lived in complete peace with the set- reason they have not been recognized marriage records were destroyed be- tlers that were their neighbors. The is: They made peace too soon. They cause of a racist State policy and the Treaty of Middle Plantation was signed made peace with the English. If they burning of courthouses during the Civil 100 hundred years before the Declara- had waited until 1780 and made peace War. These six tribes should be re- tion of Independence. That peace that with the Americans, that treaty, a warded, not punished, for making peace was made between the Indians and the treaty with the Americans, would have with their neighbors in the 1640s and settlers paved the way for modern Vir- been the basis immediately for Federal 1670s, and they should not be held back ginia and modern English-speaking recognition. But they became peaceful because of a horribly misguided State America. It has been continuous since too soon with their European neigh- policy that stripped them of the means 1677—the peace of these tribes. The re- bors. to easily demonstrate by paper what lations between Virginians and the Tribal recognition often begins with all historians acknowledge to exist— tribes have been strong. They have en- a treaty. But the treaties are treaties the continuous history of these tribes. dured significant adversity. Their num- with the American government. All We started, in Virginia, to correct bers of population have dwindled from historians acknowledge that the trea- this in the 1980s. In 1983, Virginia began 25,000 down to about 3,000 or 4,000 en- ties of 1646 and 1677 happened. There a process of State recognition of all of rolled tribal members today. They con- are copies of the treaties. The originals these tribes. The six tribes have all verted to the religion of the English are still maintained. All acknowledge been recognized by the State in the settlers, Christianity. They fought as that these treaties and the Indians’ de- 1980s. All tribes that are part of this American patriots in every war this cision to live in peace with their neigh- bill are now recognized by Virginia. country has been in, from the Revolu- bors was a precondition for the modern A full effort to finally receive Fed- tionary War to the wars in Iraq and Af- Virginia. If there had not been peace, eral recognition began in 1999, sup- ghanistan. They faced discrimination our history may well have been very ported overwhelmingly by all Vir- as Indians, often kept out of schools in different. ginians, including the current entire Virginia because of the color of their I will tell you something else. These Virginia congressional delegation, skin, because they were not deemed to treaties are recognized by a govern- Democratic and Republican, House and be ‘‘Caucasian’’ by State leaders at the ment, the English government. When Senate, and all 10 living Virginia Gov- time. our tribes, which have never been rec- ernors. Recognition bills have passed But the relationship is a peaceful ognized by the United States go to out of the House for these tribes twice. one, and these tribes still exist. Two visit England, they are given a royal In the 112th Congress, a bill passed out tribes in Virginia have small reserva- welcome and treated as the sovereign of the House and then came to the Sen- tions, and the other tribes own land in people they are by the government ate, and it passed out of the Senate common. They have tribal churches, with which they made a treaty in 1646 committee, only to die because of inac- tribal cemeteries, and community cen- and 1677. So that was the first ‘‘mis- tion on the Senate floor. ters where they still gather. There is a take’’ that was made: These tribes It is my deep hope that the 113th wonderful tradition if you are the Gov- made peace too quickly. Congress will finally see the realiza- ernor of Virginia. On the day before There is a second mistake that is in tion of this long-held dream. We should Thanksgiving Day every year, the Vir- some ways even more difficult to ac- pass this bill because it is right. These ginia tribes come to the Governor’s knowledge. Many of these tribes live in tribes exist. They still live in Virginia

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2344 CONGRESSIONAL RECORD — SENATE April 10, 2014 and uphold their tribal traditions. the tutelage of the English settlers. people, and in so doing we forsook our They deserve to have their existence But the Smithsonian will not return humanity. And now we are dangerously acknowledged just like the hundreds of these bones to the tribes. It seems like close to doing the same in Syria. other tribes in this country. such a reasonable request. It seems so While I would like to believe that But there is a final reason why rec- reasonable, but the Smithsonian will ‘‘never again’’ means something in this ognition has a very immediate impor- not return the bones of these tribes for context, I look around the world today, tance to these Virginia tribes. If you one reason: They are not federally rec- and I am haunted by the fact that we walked 3 blocks from here down the ognized. The law governing the antiq- simply haven’t learned the funda- Mall, you arrive at the National Mu- uities and objects held by the Smithso- mental lesson from Rwanda that pre- seum of the American Indian. It is part nian leads the Smithsonian to conclude venting the slaughter of innocents of the Smithsonian, America’s Na- that they can’t give these bones back means taking hard political action. tional Museum. The Smithsonian is for reburial unless the tribes are feder- Nowhere is this truer than in Syria, every bit as much a part of our Amer- ally recognized. where President Bashar Assad’s regime ican Government as Congress is. Our great national museum recog- continues its brutal assault against the It is a marvelous museum. It tells nizes the tribes in a great display be- Syrian people with increasing ferocity. the story of our Indian tribes and their hind plastic glass and talks about these The slaughter of innocent men, women, amazing history of adversity and tri- tribes, but at the same time we recog- and children is being carried out by umph. The Smithsonian curators rec- nize them for one purpose, we will not Syria’s national army and loyal ognize what Congress has failed to do. hand the bones back to these folks in a paramilitaries as a result of state pol- Go to the second floor. There is a per- manner they deserve. icy, and the terror continues to esca- manent exhibit on the second floor of To conclude, it is long past time that late every day that Assad’s crimes go the museum. The title of the exhibit is, these tribes receive the tribal recogni- unpunished. ‘‘Return to a Native Place: Algonquian tion that hundreds of other tribes have The regime has accelerated attacks Peoples of Chesapeake.’’ That perma- received. It is long past time that these against civilians by indiscriminately nent exhibit in the museum, with the tribes be accorded the same respect in dropping barbaric barrel bombs on plastic dioramas, highlights the Pow- America—for which they fought since mosques, schools, and bakeries, sys- hatan tribes that are the subject of the Revolutionary War—that they re- tematically detaining, torturing, and this bill. ceive in England when they go visit. It killing thousands of people—including Here is how the museum describes is long past time that the bones of hundreds of children—and starving en- the permanent exhibit dedicated to these Powhatan ancestors be returned tire neighborhoods to death. It was these tribes: to Virginia so that they can be buried over 5 months ago that Secretary John Thru photos, maps, ceremonial and every- by their families in the only land they Kerry wrote that ‘‘the world must act day objects, this display provides an over- ever knew as home. quickly’’ to stop a ‘‘war of starvation’’ view of the history of the Native Peoples of I yield the floor. being waged by Assad’s regime against the Chesapeake region from the 1600’s to the The PRESIDING OFFICER. The Sen- ‘‘huge portions of the population.’’ Yet present day. ator from Arizona. the world did nothing, and hundreds So we do recognize these tribes—in a Mr. MCCAIN. I ask unanimous con- have died of starvation—thousands—in museum. We acknowledge that they sent to speak as in morning business. those 5 months. are not just a part of history, but in The PRESIDING OFFICER. Without Eventually the international commu- the words of the museum display de- objection, it is so ordered. nity responded by passing resolution scription, that the people continue to RWANDA AND SYRIA 2139 through the U.N. Security Council, maintain their tribal identity to the Mr. MCCAIN. Today we commemo- which ordered the regime to promptly present day. But while we recognize rate the 20th anniversary of the Rwan- allow unhindered humanitarian access the tribes in the museum three blocks dan genocide. This week, again and and threatened further consequences from the Capitol, we will not, we have again, I will rise to remind my col- for noncompliance. This was 2 months not, and we do not yet recognize these leagues and fellow citizens of the hu- ago, and yet again the world did noth- tribes in law. manity we share and appeal to their ing to back the resolution. In fact, the Finally, the failure to recognize conscience about the mass atrocities U.N. humanitarian coordinator, Val- these tribes in law has an unusual and the Assad regime is perpetrating in erie Amos, reports that the war of star- very tragic consequence. It also deals Syria. vation has worsened since its passing. with the Smithsonian. There is another This past Sunday the world joined The number of Syrians cut off from aid department in the Smithsonian that is Rwanda in marking 20 years since the since January has grown by over 1 mil- far out of the prying eyes of tourists on beginning of the genocide that claimed lion people. The Syrian Government the mall. It is the warehouse of the the lives of more than 800,000 innocent continues to prevent supplies of food Smithsonian where they hold remains men, women, and children. As we re- from entering opposition-held areas, in of archaeological exhibits. They hold flect on our failures to stop the geno- direct contravention of the U.N. resolu- all kinds of remains and all kinds of ar- cide there, I can’t help but think of the tion, and it is using U.S.-provided hu- tifacts from archaeological exhibits lessons we learned from Rwanda and manitarian aid as leverage in its war from all over the United States and all those we didn’t. against the people. Meanwhile, Iran over the world. President Obama stated in his re- sends 30,000 tons of food supplies to One set of remains that the Smithso- marks on Sunday that the Rwandan Assad’s regime. While children starve nian is holding is the bones of about genocide was ‘‘neither an accident nor throughout Syria, the government is at 1,400 Virginia Indians that were dis- unavoidable. . . . The genocide we re- least well fed. turbed and unburied during the course member today—and the world’s failure Although 800,000 people have not been of archaeological expeditions in Vir- to respond more quickly—reminds us slaughtered in mere months, as was the ginia. that we always have a choice. In the case in Rwanda, over the course of 3 The tribes that we are talking about face of hatred, we must remember the years of conflict in Syria, we have wit- today, the bones of their ancestors are humanity we share. In the face of cru- nessed 9 million people forced from held in a warehouse by the Smithso- elty, we must choose compassion. In their homes, with 2.5 million refugees nian. For years, these tribes have gone the face of intolerance and suffering, escaping the violence in neighboring respectfully to the Smithsonian, and we must never be indifferent.’’ I countries, and an estimated 150,000 peo- they have asked them: Please return to couldn’t agree more with the President ple dead, with casualties escalating us the bones of our ancestors. We want of the United States. daily. to bury the bones of our ancestors in The United States, along with the Regardless of the scale or scope, one accord with our tribal customs. We international community, failed to fact is clear: The world is watching want to rebury the bones of our ances- take the necessary action to prevent a genocide in slow motion, but it seems tors in accord with the customs of tragedy in Rwanda. We chose to ignore that regardless of how many innocent Christianity, which we embraced under the death of hundreds of thousands of men, women, and children die in Syria,

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2345 the world’s conscience will not be to put down their guns. There are op- cure, in control and in ‘‘excellent athletic tipped. tions to achieve this goal that fall far shape’’ after a meeting in Damascus last What is happening in Syria should be short of putting boots on the ground. week. an affront to our conscience, and it ‘‘ ‘Tell Vladimir Vladimirovich (Putin) We do not need to concede and allow that I am not Yanukovich, I’m not going should be a call to action. Each day the genocide to continue or to go to war to anywhere’,’’ Stepashin quoted Assad as say- media floods our newspapers and tele- prevent it. There are steps in between ing during their meeting, state-run news vision screens with some gruesome and that the United States, along with our agency RIA reported. horrific evidence of Assad’s war crimes. international partners, can take to Yanukovich fled to Russia in February We cannot claim ignorance as we have stand by our international commit- after he was pushed from power by protests in the past. Yet we do nothing. It is as ments and guarantees of protection. that followed his decision to spurn closer if watching all the suffering and simply President Assad has already shown ties with the European Union and turn to Moscow. Russian leaders have criticised him feeling bad about it has become an ade- that U.N. resolutions mean nothing to for losing control of his country. quate moral response. Conventional him and that he has no intention of ne- Stepashin suggested Assad faced no such wisdom tells us that this is because the gotiating his departure through the threat and was likely to win a presidential American public is war-weary. We are Geneva process. It is clear that mili- election this year. scarred by our experience in Afghani- tary pressure is the only lever that will ‘‘There is not a shadow of a doubt that he stan and Iraq and thus unwilling to get convince Assad that a political solu- knows what he’s doing,’’ RIA quoted Stepashin as saying. involved in another conflict in the Mid- tion is in his favor. We must be ready ‘‘Assad’s strength now lies in the fact that, dle East. to prove to Assad that not achieving a unlike Yanukovich, he has practically no in- This sentiment is reinforced by the diplomatic solution will cost his re- ternal enemies. He has a consolidated, President, who prides himself on hav- gime dearly, and there are meaningful cleansed team. ing opposed the war on Iraq and get- actions we can take to help in Syria ‘‘Moreover, his relatives are not bargaining ting America out of the region as that will not require us to rerun the and stealing from the cash register but are quickly as possible regardless of the fighting,’’ he said, appearing to draw a con- war in Iraq. It is not a question of op- trast with Yanukovich and his family. ramifications. He has emphasized the tions or capabilities, it is a question of ‘‘FIGHTING SPIRIT’’ need to ‘‘contain’’ the conflict in Syria, will. calling it a ‘‘civil war’’ and neglecting Stepashin, who served as prime minister in There is a famous quote that states, 1999 under President Boris Yeltsin and now the dangerous spillover effects we are ‘‘All tyranny needs to gain a foothold heads a charitable organisation called the already witnessing, including the de- is for people of good conscience to re- Imperial Orthodox Palestine Society, added stabilization of all of Syria’s neighbors main silent.’’ As we sit back and place that ‘‘the fighting spirit of the Syrian army and the growth of an Al Qaeda safe our hopes on negotiations and mean- is extremely high’’. haven in eastern Syria and western ingless guarantees of protection, we Russia has been Assad’s most powerful sup- Iraq. watch as hundreds of innocent men, porter during the three-year-old conflict that activists say has killed more than Following the President’s lead, the women, and children are brutally American public has largely applauded 150,000 people in Syria, blocking Western and slaughtered every day; reinvigorated Arab efforts to drive him from power. his restraint and opposed greater U.S. Al Qaeda affiliates operate with more Russia and the United States organised involvement in Syria. But in so doing freedom than ever before; terrorist peace talks that began in January between we have again failed the legacy of groups loyal to Iran proliferate and Assad’s government and its foes. But no Rwanda. threaten our allies; and the region de- agreement was reached and a resumption ap- Stopping the slaughter in Syria will scends into chaos and turmoil that will pears unlikely soon, in part because of high tension between Russia and the West over require difficult political action, but it inevitably reverberate in the United is not only profoundly in our national Ukraine. States of America. This is the price we Russian officials say Moscow is not trying interest to act but also our moral obli- will pay for choosing to remain dis- to prop up Assad and but that his exit from gation to do so. In his remarks on Sun- engaged, and the consequences to U.S. power cannot be a precondition for a polit- day, President Obama said that we national interests will be felt. ical solution. Their assessments of his future should be reminded of ‘‘our obligations I ask unanimous consent to have have varied with the fortunes of his military. Assad has lost control of large swathes of to our fellow man.’’ As President, he is printed in the RECORD two articles. One northern and eastern Syria to Islamist rebels the one who should be showing to the is a Reuters story entitled ‘‘Assad says American people why it is so vital to and foreign jihadis. But his forces, backed by fighting largely over by end of year,’’ a militant group Hezbollah and other allies, our national interest to carry out our statement by a former Russian Prime have driven rebels back from around Damas- moral obligations to our fellow man. Minister with a quote: cus and secured most of central Syria. Our policy should be determined by Assad’s strength now lies in the fact that, The head of Hezbollah said in an interview the realities of the moment, not by to- unlike Yanukovich, he has practically no in- published on Monday Assad no longer faced a day’s isolationism dictated by the past. ternal enemies. He has a consolidated, threat of being overthrown, and would stand The wars in Afghanistan and Iraq have cleansed team. for re-election this year. nothing to do with how we carry out Stepashin predicted Assad would win. The second is ‘‘Hezbollah confident in ‘‘The majority of the Syrian population our responsibilities today. Let there be Assad, West resigned to Syria stale- will vote for him,’’ Itar-Tass quoted him as no mistake; we have a responsibility to mate.’’ saying. stop genocide when we see it hap- There being no objection, the mate- pening, as in Syria. ‘‘Never again’’ rial was ordered to be printed in the [From Reuters, Apr. 9, 2014] should mean something whether or not RECORD, as follows: HEZBOLLAH CONFIDENT IN ASSAD, WEST RESIGNED TO SYRIA STALEMATE we are paralyzed by war-weariness. [From Reuters, Apr. 7, 2014] Of course we would all like to see the (By Samia Nakhoul and Laila Bassam) ASSAD ‘SAYS FIGHTING LARGELY OVER BY BEIRUT.—Bashar al-Assad’s Lebanese ally slaughter of Syria’s innocent men, END OF YEAR’—FORMER RUSSIAN PM Hezbollah said his Western foes must now ac- women, and children be stopped by di- (By Steve Gutterman) plomacy and through nonviolent cept he will go on ruling Syria after fighting MOSCOW.—President Bashar al-Assad has means. We all want an end to the vio- rebels to a standstill—a ‘‘reality’’ to which forecast that much of the fighting in the his foreign enemies seem increasingly re- lence. We all want to believe that a po- Syrian civil war will be over by the end of signed. litical solution is possible. But there the year, a former Russian prime minister Echoing recent bullish talk coming out of are only two ways to end the violence. was quoted on Monday as saying. Damascus, Sheikh Naim Qassem, deputy One is for all parties to put down their ‘‘This is what he told me: ‘This year the leader of the Iranian-backed Shi’ite militia weapons—something President Bashar active phase of military action in Syria will which is supporting Assad in combat, told Assad and his Iranian partners are be ended. After that we will have to shift to Reuters that the president retained popular clearly unwilling to do, as they believe what we have been doing all the time—fight- support among many of Syria’s diverse reli- ing terrorists’,’’ Itar-Tass news agency a military solution is possible. So that gious communities and would shortly be re- quoted Sergei Stepashin as saying. elected. leaves us with only one other option: Stepashin, an ally of Russian President ‘‘There is a practical Syrian reality that to neutralize the party dedicated to the Vladimir Putin and former head of Russia’s the West should deal with—not with its wish- slaughter of innocents and force them FSB security service, portrayed Assad as se- es and dreams, which proved to be false,’’

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2346 CONGRESSIONAL RECORD — SENATE April 10, 2014 Qassem said during a meeting with Reuters Instead, he has clawed back control near holds cabinet seats in the government in Bei- journalists at a Hezbollah office in the Damascus, where a year ago rebels hoped for rut. group’s southern Beirut stronghold. a decisive assault, and the center of the ‘‘Until now we consider our presence in He said the United States and its Western country which links the capital to the coast- Syria necessary and fundamental,’’ Qassem allies were in disarray and lacked a coherent al stronghold of Assad’s Alawite minority. said. policy on Syria—reflecting the quandary His troops, backed by Hezbollah fighters, ‘‘But when circumstances change, this will that Western officials acknowledge they face took another key town on Wednesday. be a military and political matter that re- since the pro-democracy protests they sup- Though as much as half the country is quires a new assessment. ported in 2011 became a war that has drawn being fought over, Assad could hope to hold ‘‘But if the situation stays as is and the al Qaeda and other militants to the rebel at least a roughly southwestern half, includ- circumstances are similar, we will remain where we should be’’. cause. ing most of the built-up heartlands near the Syria’s fractious opposition—made up of coast, and more than half of the prewar pop- Mr. MCCAIN. I won’t include it in the guerrillas inside the country and a largely ulation of 23 million. RECORD, but there is an interesting ar- impotent political coalition in exile—had, he This leaves Western powers reflecting on a ticle that states, ‘‘Syria’s Assad se- said, proved incapable of providing an alter- perceived loss of influence in the Middle cure, will seek re-election: Hezbollah native to four decades of rule by Assad and East. Many now see a new strategy of ‘‘con- leader.’’ his late father before him. taining’’ Assad—and the fallout from a bitter To show, I think, the very incredible ‘‘This is why the option is clear. Either to war that has created millions of refugees and have an understanding with Assad, to reach naivety, there is an article in the legions of hardened guerrillas. Washington Post by Secretary Kerry a result, or to keep the crisis open with ‘‘The U.S. has a stated policy of regime President Assad having the upper hand in change, but it has never devoted the re- entitled ‘‘Kerry: US strike in Syria running the country,’’ said the bearded and sources to effect that change,’’ said Andrew wouldn’t be devastating.’’ turbaned cleric. Exum, a former U.S. official who worked on The Secretary of State says: Qassem’s comments follow an account Middle East issues at the Pentagon. ‘‘The de ‘‘It would not have had a devastating im- from another Assad ally, Russian former facto U.S. strategy of containment is very pact by which he had to recalculate, because prime minister Sergei Stepashin, who said well suited for what is likely to be a very it wasn’t going to last that long,’’ Kerry told after meeting him last week that the Syrian long war.’’ the Senate Foreign Relations Committee. leader felt secure and expected heavy fight- ‘‘Here we were going to have one or two days ‘‘STALEMATE WILL CONTINUE’’ ing to end this year. to degrade and send a message. . . . We came Officials said this week that preparations Qassem said the United States, which up with a better solution.’’ would begin this month for the presidential backed away from military action in Sep- tember after blaming Assad for gassing civil- We came up with a better solution. election—a move that seems to reflect a de- The President of the United States said gree of optimism in the capital and which ians, was hamstrung by fears over the domi- may well end with Assad claiming a popular nance in rebel ranks of al Qaeda’s Syrian that if Bashar Assad crossed a red line mandate that he would use to resist U.N.- branch, the Nusra Front, and another group, and used chemical weapons, we would backed efforts to negotiate a transition of the Islamic State in Iraq and the Levant act. He announced we would act. All power. (ISIL). our allies knew we were going to act. Hezbollah chief Sheikh Hassan Nasrallah ‘‘America is in a state of confusion. On the Then he took a walk with his national also said this week that Assad is no longer at one hand it does not want the regime to stay security adviser and said he was going risk and that military gains mean the dan- and on the other it cannot control the oppo- to go to Congress. Meanwhile, Senator ger of Syria fragmenting was also receding. sition which is represented by ISIL and Nusra,’’ he said. Kerry, in a bizarre, incredible act, WESTERN RESIGNATION issued a statement that any attack on It is a view of Assad that—quietly—seems ‘‘This is why the latest American position was to leave the situation in Syria in a state Syria would be ‘‘incredibly small.’’ It is to be gaining ground in Western capitals. remarkable. Calling it bad news for Syrians, the French of attrition.’’ foreign ministry said this week: ‘‘Maybe he President said last month Finally, our conscience should be will be the sole survivor of this policy of that the United States had reached ‘‘limits’’ shot, but it is not. We get kind of im- mass crimes’’. after the wars in Afghanistan and Iraq and mune to day after day after day of France, which last year was preparing to questioned whether years of military engage- these various reports of the slaughter join U.S. military action that was eventually ment in Syria would produce a better out- that is going on. aborted, now rules out force and called the come there. Look at the situation in Syria 3 Qassem said: ‘‘I expect that the stalemate stalled talks on ‘‘transition’’ the ‘‘only years ago and look at it today: 150,000 plan’’—a view U.S. officials say is shared in will continue in the Syrian crisis because of the lack of an international and regional de- dead, millions displaced; entry of Washington, notably among military chiefs jihadist fighters from all over the who see Assad as preferable to sectarian cision to facilitate a political solution.’’ chaos. U.N.-mediated talks at Geneva failed in world who continue brutal bombing While rebels do not admit defeat, leaders February to bridge a gulf between Assad’s with barrel bombs which will slaughter like Badr Jamous of the Syrian National Co- government and opponents who insist that innocent men, women, and children; alition accept that without foreign interven- Assad must make way for a government of and our Secretary of State says: Well, tion ‘‘this stalemate will go on’’. A U.S. offi- national unity. it wouldn’t have been much if we would cial, asked about a deadlock that would Western and regional powers who support have struck them anyway. leave Assad in control of much of Syria, con- the Syrian opposition say it would be a ‘‘par- ody of democracy’’ to hold an election in the This is a shameful chapter in Amer- ceded: ‘‘This has become a drawn-out con- ican history, I say to my colleagues. flict.’’ midst of a conflict which has displaced more Assad, 48, has weathered an armed insur- than 9 million people and divided the coun- Historians in future generations will gency which started with protests in 2011 and try across frontlines. judge us very harshly, and future gen- descended into a civil war that has sucked in Syria’s electoral law effectively rules out erations and younger generations may regional powers, including Shi’ite Iran and participation by opponents who have fled the have to pay the price for our inaction Hezbollah who back the Alawite president country in fear of Assad’s police—candidates and our neglect of our basic human val- and Sunni states like Saudi Arabia and must have lived in Syria continuously for 10 ues. Qatar behind the rebels. years. I yield the floor. With Russia blocking a U.N. mandate, and ‘‘My conviction is that Assad will run and The PRESIDING OFFICER. The Sen- voters showing no appetite for war after will win because he has popular support in ator from West Virginia. losses in Afghanistan and Iraq, Western gov- Syria from all the sects—Sunnis and UNANIMOUS CONSENT REQUEST—S. 1596 ernments have held back from the kind of secularists,’’ Qassem said. ‘‘I believe the military engagement that could have top- election will take place on its due date and Mr. MANCHIN. I thank my good pled the well-armed Syrian leader. Assad will run and win decisively.’’ friend Senator PAT TOOMEY from my More than 150,000 people have been killed Fear of hardline Islamists has undermined neighboring State of Pennsylvania—I in three years, as Assad has lost the oil-pro- support for some rebels even among the 75 am from West Virginia—for working ducing and agricultural east and much of the percent Sunni majority, and bolstered sup- with me on this vital issue to make north, including parts of Syria’s largest city, port for Assad among his fellow Alawites, sure our kids remain safe in every sin- Aleppo. and Christians. gle school across this country. But he did not suffer the fate of other auto- Qassem said it was too soon to speak of crats in the Arab Spring, whether the presi- Hezbollah pulling out of Syria, despite an in- I am a father of three, a grandfather dents of Tunisia, Egypt and Yemen or crease in Sunni-Shi’ite tensions within Leb- of eight, and there is nothing more im- Muammar Gaddafi, the Libyan leader top- anon caused by the intervention across the portant to me than protecting my chil- pled and killed by rebels who rode into Trip- border of a movement that is Lebanon’s dren and grandchildren. The bill Sen- oli under cover of Western air power. most accomplished military force and also ator TOOMEY and I are working on is

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2347 common sense. Our bill makes sure all piece of legislation. Again, I appreciate I will start with two numbers. The employees who work with our students the hard work of my colleague Senator first number is 130. Senator MANCHIN pass a background check to make sure PAT TOOMEY, and at this time I yield mentioned this number. Since January they have no criminal records or an the floor. 1 of this year, 130 teachers have been abusive history. That includes every- The PRESIDING OFFICER (Ms. arrested across America for sexual mis- one from principals, teachers, secre- HIRONO). The Senator from Pennsyl- conduct with children. That is more taries, cafeteria workers and janitors— vania. than one teacher every day. And these anyone who has contact with our Mr. TOOMEY. Madam President, I are the ones who have been caught. schoolkids. This is a real problem that thank my colleague from West Vir- How many more are happening? demands our attention and demands it ginia, Senator MANCHIN, for his terrific The stories are absolutely heart- now. efforts on this legislation. I also want breaking: A teacher’s aide who un- Since January 1, 130 teachers across to thank our other cosponsors, Sen- dressed and sexually assaulted a men- America have been arrested for sexual ators MCCONNELL and INHOFE, for their tally disabled boy in his care; a child misconduct. At this rate that is more support as well. whose abuse began at age 10 and only than one teacher per day who will sex- The tragic story that inspired this ended when at age 17 she found herself ually assault a student. As a parent, as bill has a connection to my State of pregnant with the teacher’s child; the a grandparent, and as a representative Pennsylvania and Senator MANCHIN’s 16-year-old raped by her instructor in a of the great State of West Virginia, in- State of West Virginia, so it made it classroom closet; one teacher after an- action is simply unacceptable. kind of a natural for us to work to- other caught with images of child por- There are more than 4 million teach- gether on this. It is a terrible story in- nography; a special education kinder- ers and school staff employed by our deed, and I want to summarize it be- garten girl forced to go shirtless in public school districts throughout the cause it goes to the heart of why I am class. United States, and there are millions here this morning. These things are unbelievable. But The story begins in Delaware County, of additional workers who have direct every day we delay, we delay rooting PA, where one of the schoolteachers access to students, including bus driv- out one of these predators. was found to have molested several ers, cafeteria workers and janitors. Yet The other number I want to share is boys and raped one. Prosecutors de- there is no—I repeat, there is no—na- the number 73. According to the GAO— cided there was not enough evidence to tional background check policy in the Government Accountability Of- actually press charges, but the school fice—the average pedophile molests 73 place for people who work directly with knew what had happened. So they dis- children over the course of a lifetime. our kids every day. Even worse, not all missed the teacher for this outrageous These predators are very devious. They States require checks of child abuse behavior. But shockingly, and some- are clever and they are smart. What and neglect registries or sex offender what disturbingly, the school also they do is go where the potential vic- registry checks. helped this teacher get a new job so tims are. And where are there potential A recent report by the Government they could pass him along and let him victims for a pedophile? What better Accountability Office found that five become someone else’s problem. It hap- place than a school. So they do in fact States—five States—don’t even require pened the new job was in West Vir- background checks at all for applicants ginia. The Pennsylvania school even go to schools, and from school to seeking employment in our school sys- went so far as to send a letter of rec- school and school district to school dis- tems. In addition, not all States use ommendation for this monster to get trict. Every day we delay, we increase both Federal and State sources of that job in West Virginia, which he did the risk a predator is moving on to the criminal data, such as a State law en- get. He became a teacher, then a school next of his 73 victims. So what can we do? Here is what our forcement database or the FBI’s inter- principal, and while there he raped and state identification index. murdered a 12-year-old boy named Jer- bill does. Our bill, the Protecting Stu- Our bill would simply require manda- emy Bell in West Virginia. dents from Sexual and Violent Preda- tory background checks of a State Justice finally caught up with that tors Act, is an important first step. It criminal registry, the State child abuse teacher, and he is now in jail, serving a would require mandatory background and neglect registries, an FBI finger- life sentence for that murder. For Jer- checks for existing and prospective em- print check, and a check of the Na- emy Bell, unfortunately, justice came ployees and then require the checks be tional Sex Offender Registry for exist- way too late. But Jeremy Bell’s father periodically repeated, the timing of ing and prospective employees. decided he would not rest until he had which would be left to the discretion of Every child deserves to have at least done everything he possibly could to the States. There are five States that one place where they feel safe and that minimize the chance that any other do not require checks at all. harm cannot enter their life. For many child or parent would ever experience a The bill would also check to make of our kids these days that place is at similar tragedy. Roy Bell is Jeremy’s sure all employees or contractors who school—not always in the home. This is dad. He worked with Congress to create have unsupervised contact with chil- truly a commonsense bill that aims to protections for children to ensure they dren would be subject to this back- help protect our kids from sexual as- would not be victimized at school, and ground check—not just teachers but sault, predators, or any individuals the House of Representatives re- coaches, schoolbus drivers, anyone who who inappropriately behave in our sponded. has unsupervised contact with the schools. In October of last year, the House kids. There are 12 States that don’t re- This is a piece of legislation that is unanimously passed the Protecting quire that now. long overdue. It is not an unfunded Students Against Sexual and Violent The bill requires a more thorough mandate. I know some people will say Predators Act. Unfortunately, there background check. For instance, in that, and the reason I am saying it is too, in a way, it was a few days too Pennsylvania, there is a background not an unfunded mandate is because late. Jeremy Bell’s dad passed away 3 check requirement. But if you have the people who want the employment days before the vote. But it passed the lived in the State for more than 2 have to pay. They have to pay for the House, and it passed, as I said, unani- years, it does not require a background background check if they want in the mously in the House. Now we are here check on the Federal criminal data- system. in the Senate with a chance to pass the base, and yet we know these people I know there is a section in this leg- same bill so it can become law. move across State lines. islation that says if a person has been This is a bipartisan bill. It is a bill I A fourth and important piece is that an offender they have to be rehabili- introduced with Senator MANCHIN. It is our bill forbids what has sadly devel- tated for 5 years—be clean, have a a bill that has other cosponsors. I know oped its own name—passing the trash. clean record for 5 years—before they there are some folks who say: Well, This idea, this practice, unfortunately, can get in the system. I think that is let’s wait, we need more time. I say we of actually recommending the predator common sense. have had enough waiting. We have to another job in another school or an- I would like for all my colleagues, if waited too long. Let me explain why other State so as to get rid of the prob- they would, to please consider this we shouldn’t wait another day. lem and let him become someone else’s

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2348 CONGRESSIONAL RECORD — SENATE April 10, 2014 is so disturbing it is hard to imagine of S. 1596 and the Senate proceed to its have my own idea. I think this bill anyone would do this, but we know it immediate consideration. I further ask poses an important question to the happens. We know it happens. And a unanimous consent that the bill be Senate about whether we want to con- given State doesn’t have the power to read a third time and passed, and the stitute ourselves as a national school prevent some school district in another motion to reconsider be considered board. That is, in fact, what we would State from doing exactly this, as hap- made and laid upon the table. be doing if we passed it into law. pened in the case of Jeremy Bell. The PRESIDING OFFICER. Is there In our country there are 100,000 pub- There is a list of folks who under our objection? lic elementary and secondary schools. legislation a school would simply not Mr. HARKIN. I object. They all have a principal who is in be able to hire: anyone ever convicted The PRESIDING OFFICER. Objec- charge of the employees in that school. tion is heard. of any violent or sexual crime against This bill is about determining what a child. I think that makes a lot of The Senator from . Mr. HARKIN. Madam President, I kind of criminal background check sense. There are certain felonies that certainly favor the goals of this legis- those school employees should have. would also preclude a person from ever lation. The Senator will remember we What is the principal supposed to do? being hired: homicide, child abuse or passed a childcare bill that included Doesn’t the principal have any respon- neglect, rape or sexual assault, and a many of the same background check sibility for this? Can the principal just few others. In addition, a person who provisions for childcare employees. say that this is the job of the United was convicted in the last 5 years of a Those provisions were negotiated be- States Senate, so I don’t have to worry felony physical assault or battery or a tween Democrats and Republicans on about that? felony drug-related offense would cre- our committee to address issues that There are 14,000 local school boards ate a 5-year prohibition against hiring were raised about the implementation across West Virginia, Tennessee, Iowa, such a person. of any federally prescribed background Pennsylvania, and all of our other The enforcement mechanism we have checks for childcare settings. States. What is the responsibility of is withholding Federal funds, which We would like to undertake a similar these local school boards when it would be the inducement for the States process in the K–12 context to ensure comes to determining the qualifica- to adopt these requirements. any concerns raised by either side be tions of their teachers or the health Let me stress that this bill has broad addressed. That is what the committee and safety of their students? Do the support. I mentioned before this passed process is for. members of the local school board say: the House unanimously. There was not What the Senator from Pennsylvania We don’t have to worry about those a single objection in the House. It has is asking for in this bill will have an questions too much because the U.S. bipartisan support here in the Senate. impact on nearly every public school in Senate will determine for us what the Various child advocacy groups are fully the country and every employee, not qualifications for teaching will be or in support: the National Children’s Al- just teachers—not just teachers—who how we will keep students healthy and liance, the Children’s Defense Fund, might have any unsupervised access to safe in our local public schools? and the National Center for Missing children. So that requires us to do There are 50 Governors of our states. and Exploited Children. Prosecutors some due diligence. I used to be one of them, as was the and prosecutor associations—the Asso- I don’t want anyone to misunder- distinguished Senator from West Vir- ciation of Prosecuting Attorneys and stand me. I am willing to work with ginia. I got pretty tired of people flying the Pennsylvania District Attorneys the Senator from Pennsylvania and to Washington, D.C. thinking that they Association—both fully endorse this others on this legislation, but I do be- were the only ones who had any sense legislation. Teachers groups: the Amer- lieve we need to take a closer look at of responsibility for the public school ican Federation of Teachers and the it, talking with relevant stake- students in Tennessee. In fact, I felt Pennsylvania School Boards Associa- holders—States, school districts, em- like the more Washington, D.C. tion. ployees—about the bill and some per- intruded into Tennessee by making de- I forget how many former teachers in haps unintended consequences of it. We the House—I think 19 or so—all voted cisions that we should be making for were able to do that in the childcare ourselves, the less responsible we felt for this bill. I am willing to venture bill, and I believe we can achieve simi- the overwhelming majority of the for those decisions and the less effec- lar success with the legislation of the tive we were at doing our jobs. American people would support this ef- Senator from Pennsylvania. I am ready fort to keep our kids as safe as we can. I remember in the early 1990s there and willing to engage with the Senator, was a piece of legislation which I would also stress there is nothing his staff, and his office in that process. radical about these proposals. In the whizzed through the Senate and the I yield the floor. House just like this piece of legislation Senate we just passed a very similar The PRESIDING OFFICER. The Sen- has been doing. It was called the Gun- background check requirement in the ator from Tennessee. child care development block grant Mr. ALEXANDER. Madam President, Free School Zones Act, and it came legislation, where we insist on almost I support the Senator from Iowa and after a particularly terrible shooting at identical background checks for em- his request that this bill go to the a school. We still have those shootings ployees of daycares. That makes per- Health, Education, Labor and Pensions today, and it wrenches our heart every fect sense to me. It is a good step. It is Committee. time they happen. very likely to help protect children in In the Republican Conference, we So, after the shooting, the U.S. Con- our daycares. But why in the world talk a lot about the importance of tak- gress said: We will fix it. The Supreme would we protect the kids in daycare ing legislation through committee so it Court ruled it unconstitutional because and not provide comparable protection can be amended and considered it exceeded the authority of Congress for kids who have gone on to later through the regular order. This is cer- under the commerce clause—that in ef- grades? tainly important legislation. All of us fect it wasn’t Washington’s job; it was This is a bipartisan commonsense bill would agree on that. the job of the states and local commu- that has passed the House unani- The Senator from Pennsylvania and nities to determine the issue of gun mously. This is our opportunity to pass the Senator from West Virginia deserve possession around schools. it in the Senate and send it to the a lot of credit for bringing this terrible I submit that the safety of our President for his signature. I believe it story to our attention and proposing schools is the job of the parents of is a moral imperative we do this to pro- we address it. And I think we should. those schools, of the principal in that tect these kids. It didn’t come soon But the appropriate way to do that school, of the community which sup- enough for Jeremy Bell. And sadly, here, is to take it to the committee of ports that school, of the local school every day we learn there are more vic- jurisdiction to be considered in a board, of the supporting organizations, tims. But now is the time we can act. markup, amended, and see if anyone and of the governor and the legislature Madam President, I ask unanimous has a better idea. of the state. If they can pretend they consent that the HELP Committee be My second reason for hoping this bill can kick that responsibility up to discharged from further consideration goes to the HELP committee is that I Washington, I think that is wrong. I do

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2349 not think that is within our constitu- Forty-six States already require all floor. The committees had 5 years to tional framework in the United States. public school employees to go through act. The committees had 5 months Those responsibilities belong locally. some form of a background check. Are when they could have taken up this bill The Senator from Iowa and I have a we to say we know better than they do? at any time, marked it up, and moved terrific relationship and ideological If so, what does that say about our en- it through the process, but they didn’t differences on many occasions. I spent tire structure of public education and do this. the morning debating with him about whether we should just tell the 14,000 As far as using the committee proc- whether his proposal for early child- local school boards in the U.S. to dis- ess, I am generally a fan of going hood education would in effect create a band. We don’t need you to make deci- through the committee. But let’s not national school board. sions about the safety of the schools in pretend that is how we normally oper- He basically made the same argu- your district. We will do it in Wash- ate around here. There are 27 bills so ment that is being made here. He said: ington. We don’t need you to make de- far in this Congress which have re- If we are going to give states money cisions about academic standards and ceived floor consideration without from Washington for early childhood curriculum. We will do that here? going through a committee at all—7 education, we have a responsibility to I think we in Congress should be under the jurisdiction of this com- define how that money is spent, includ- enablers, not mandators. I think we mittee. Last Congress there were 42 ing the parameters for what the teach- should take this powerful focus the two bills which received floor votes without ers’ salaries should be. Senators have put on criminal back- going through committee. So if we can define what criminal ground checks for school employees, Let’s be candid. In just the last week background checks ought to be for take it to the HELP committee, and or so, and looking forward another school employees in Maryville, TN, put a spotlight on making it easier and week or two, we have more legislation public schools, we can define what the more important for all 100,000 prin- under the jurisdiction of this com- teachers’ salaries ought to be in the cipals, all 14,000 local school boards, all mittee. Whether it is paycheck fairness Maryville, TN, public schools. If we can 50 State Governors to do it, help par- or a minimum wage bill, those are decide what the safety measures in the ents to be aroused, and put the spot- under the jurisdiction of this com- school ought to be, we can decide what light where the spotlight ought to be. mittee. They are going to be brought the maximum size of classes ought to If they want a gun-free school zone, to the floor without having gone be. We can decide what the length of put the spotlight on the school and the through the committee. the school day ought to be and what community around it. If they want a By the way, those are bills we know kind of vision and health screenings we safe school, put the spotlight on the are going nowhere. Those are political ought to provide. Those decisions are school and the community around it. If statement bills. So is it more impor- important for children as well. Wheth- they want to have a criminal back- tant to get bills that are political er the children are fed properly is im- ground check system to keep predators statements to the Senate floor than it portant as well. Are we going to kick is legislation which could actually be those decisions upstairs to the U.S. out of schools, put the spotlight on the signed to protect kids from violent Senate and say: You set the rules for principal, the school board, and the predators? This seems to me to be a that. community around it. That is the way Physical activity programs. The dis- to effectively do it. That is the way to very misordering of priorities. tinguished Senator from Iowa has been respect our federalist system of govern- I say to my colleague, for whom I a champion for more physical activity ment and our constitutional frame- have a great deal of respect and with his whole career here. He would like to work. That is the way to avoid cre- whom I generally find myself in agree- set that as a goal from Washington. I ating a national school board. ment, on this issue I happen to dis- think that is the job of a local commu- So I look forward to working with agree with the senior Senator from nity. the Senator from Iowa, the Senator Tennessee. In my view, this is not a Professional development for school from West Virginia, and the Senator mandate on the States. staff. If we make decisions about crimi- from Pennsylvania. This is an impor- If a State chooses not to develop the nal background checks for staff, we can tant issue. I would like to see it be- background checks we have put into make decisions about their profes- come law. But I would like for our gov- this bill, then we would withhold the sional development as well. ernment in Washington to be more of ESEA funding, which is 3.5 percent of How about academic standards and an enabler of local school boards and total funding. That is not insignificant. curriculum? In the State of Tennessee school principals than a mandator from But it leaves it up to the State to de- and in many other States there has Washington. cide. We think kids ought to be safe in been a near rebellion over the so-called The PRESIDING OFFICER. The Sen- schools. If they disagree about the Common Core State Standards. The ator from Pennsylvania. background checks, OK, then they important issue is about how we raise Mr. TOOMEY. Madam President, don’t have to take this funding. The standards for children who need to needless to say, I am extremely dis- Supreme Court, by the way, has agreed learn more to succeed. But the problem appointed that we find ourselves here that this does not represent coercion. is that Washington got involved with at this impasse with nothing accom- It does not amount to coercion when it the standards, and people in our State plished, and who knows how long it is on this scale. and many other States don’t like na- will take to get something accom- The second point I would make in tional school boards and Washington- plished. this regard is part of this legislation control of public schools. I will point out that the Senate, I absolutely requires Federal legislation. So I think we should stop and think think just last week, voted for nearly As I mentioned briefly in my com- about this. I would prefer to see the identical background check language ments earlier, this all originated from federal government in Washington act in the Child Care and Development a case where a school in one State sent as an enabler of States and local school Block Grant Act. We voted for this. a letter of recommendation to a school boards rather than a mandator. This is the language vetted by this in another State for one of these mon- I would like to see us take this ter- committee. sters to be hired. Frankly, I don’t know rific focus the Senators from Pennsyl- If it is vital to keep kids safe at a how the school in the State where this vania and West Virginia have put on daycare—which I think it is—why isn’t person ended up could have prevented the importance of criminal background it just as vital to keep kids or their that from happening. But Federal leg- checks and the safety of our children older siblings safe for the rest of the islation can prevent that, and I think by making it easier for States and day? I don’t think we need to go it should. local school boards to search a State through the committee to answer that So I am deeply disappointed we are criminal registry, a State-based child question. We have waited long enough. not able to move to this today. I hope abuse and neglect registry, a finger- This is the 16th background check we will be able to soon. print-based FBI criminal history, a bill which has been introduced in the I think my colleague from West Vir- search of the national sex offender reg- House or the Senate since 2009, and ginia had a point he wished to make, so istry. here we have nothing on the Senate I yield the floor.

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2350 CONGRESSIONAL RECORD — SENATE April 10, 2014 The PRESIDING OFFICER. The Sen- moving it rapidly through the HELP COMMEMORATING THE BOSTON MARATHON ator from West Virginia. committee, and moving it back to the TRAGEDY Mr. MANCHIN. Madam President, I Senate floor. I will make my argument Ms. WARREN. Madam President, 1 first thank my colleague from Pennsyl- in committee or on the floor, and I year ago I rose to speak in this Cham- vania, Senator TOOMEY. I also thank may win or I may lose. But I have ber. I rose with a heart heavy with the Senator from Tennessee, for whom thought about the gun-free school mourning and yet filled with gratitude I also have the greatest regard for his zones act for more than 20 years, and I because 1 year ago cowards set off knowledge and commitment to our thought about it from the point of view bombs at our beloved Boston Mara- children and education, to which he of a parent and of a Governor. thon, trying to terrorize our city, but has dedicated his life, and also the Sen- The Health, Education, Labor and Boston responded with courage and ator from Iowa. This is very serious Pensions Committee has conservative community. and very personal to both of us. Our Republicans on one side and liberal Today I rise with a heart filled with States have been affected. But every Democrats on the other. I spend most the spirit of healing and restoration to State has been affected. of my days on the committee trying to commemorate the anniversary of the I am not in favor of a national school argue my Democratic friends out of Boston Marathon bombing and cele- board in any way, shape or form. I their good ideas that they want to im- brate the strength and character of the strongly believe in the Tenth Amend- pose on every local school district in people of Boston. One year ago terror knocked on Bos- ment to the Constitution and States America. There is a moral imperative ton’s door. It was not just the momen- rights. But I believe that certain stand- to have high academic standards for tary terror of smoke and sound but the ards have to be set, and we have done children. There is a moral imperative terror of uncertainty and speculation, that before as far as on a national to have physical education for chil- the terror of siege and lockdown. Such level. dren. There is a moral imperative to terrors can break a people’s spirit. There are five problems we have al- have breakfast for children. There is a They seek to do no less. But Boston ways talked about, and those five prob- moral imperative to help disabled chil- was fearless. lems apply to every child in America— dren. There is a moral imperative to do Our first responders, our protectors not just every child in West Virginia, all these things. We all feel that. But and investigators, our heroes, our cit- Pennsylvania, Tennessee or Iowa but in just because we in Washington con- izen heroes, our families, our friends, America. tribute 10 percent of the money spent and our neighbors—we did not waiver. The first is every child should have a on elementary and secondary edu- In that moment when all the world had loving, caring adult in their life. Those cation doesn’t mean we should sub- its eyes upon us, we responded with a are not always the biological parents stitute our judgment for that of the cry of defiance, not of fear. or family. It could be you. It could be local school board and the principal Scripture says: ‘‘Be brave, be strong. somebody next door. It could be an ex- who is accountable to that community Let all that you do be done with love.’’ tended family member. for the safety of each child in their Every child should have a safe place In the last year we have seen what school. We ought to think about that in their life. Unfortunately, as has been bravery and strength and love can do. before we start assuming these respon- said, it is not always the home. It Friends and family, classmates and sibilities because if we pass this bill might be the school. teachers have come together to keep into law, leave people to think that we Every child should have a healthy alive the memories of Krystle Camp- solved the problem, and another prob- start. Nutrition—for many children bell, Lu Lingzi, Martin Richards, and lem happens, then who is going to be across America, their breakfast, lunch, Sean Collier, and to celebrate their held accountable? The local principal? and nutrition comes from the school. lives and to promise they will live on The local school board? The Governor? Every child should be taught to have in our hearts. No. Maybe the Senate will be held ac- a livable skill. Again, that is in the Investigators and prosecutors have countable because we took it upon our- school. We depend upon that. pursued justice, impartial and fair but And the fifth thing—which is the selves to say to the parents: We have with righteous conviction and an un- hardest to teach—is that every child kept your child safe. wavering sense of purpose. should grow to be a loving, caring We should enable parents. We should Healers and neighbors, friends and adult, and be able to give back. That is enable schools. We should enable local family have restored life and energy to set by us. We set the standards for school districts to create safe and ef- those who thought it lost and in doing that. A child will emulate what they fective schools with high standards. We so have felt their own spirits lift. see. If they love it and respect it, they should give parents choices of schools Inventors and doctors have returned will do it. with effective teachers, but we a ballroom dancer to the dance floor For us to say we don’t believe raising shouldn’t mandate it or define it from and helped children run and play, fo- to a Federal standard the well-being Washington. That is my argument, cused not on what they have lost but and safety of every child in a school which I would like to be considered on what they can do next. system—guaranteeing that the person when we think about the extent to Families have rejoiced with gradua- who is going to be teaching them, nur- which we ought to say to a local school tions and birthdays, weddings and chil- turing them, taking them to school, board or principal: We are going to de- dren, with the sweetest and most hope- and feeding them has a clean back- fine for you what a criminal back- ful moments of life. ground check and is not a child mo- ground check should consist of for the In the last year we have found that lester—is the least we can do. That is people you hire in your schools. when we are united as one community, all we are asking for in this bill. I hope I pledge to work on it as rapidly as bravery and strength and love can heal that it would get the attention it Senator HARKIN can move it through the body and restore the spirit. needs. Again, I am also very dis- the committee. I will make my argu- One hundred years after the original appointed that we cannot move it for- ment, and we will come to a conclu- Patriots’ Day of 1775, an orator cele- ward, and I know that precedent has sion. brating the anniversary of the first battles of the Revolutionary War told been set and has been articulated by I appreciate the Senators from Penn- the people of Massachusetts that ‘‘our the Senator from Pennsylvania. But I sylvania and West Virginia putting a common liberty is consecrated by a would hope that both the ranking focus on such an important issue, and I common sorrow.’’ From time to time, member and the chairman of the HELP look forward to a speedy conclusion to as a community and as a country we Committee would maybe reconsider the debate and a passage of an appro- are reminded of this wisdom, through and take another look at it. priate bill on an important issue. I just the awful grace of God. Our common Thank you, Madam President. hope it enables instead of mandates. The PRESIDING OFFICER. The Sen- tragedies and sufferings unite us as one ator from Tennessee. Thank you, Madam President. people, and that unity brings with it Mr. ALEXANDER. I am willing to The PRESIDING OFFICER. The Sen- strength and courage and ultimately support holding a hearing on the bill, ator from Massachusetts. renews our commitment to liberty.

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2351 Now, with the strength of One Boston Well, that is the story Republicans 9.3 million people who were uninsured still with us, we look ahead to justice are telling here in Washington, but our became insured. The RAND study also that has yet to be served, to healing constituents in Democratic States and says that 7.2 million people got access that remains to be done, to a future of Republican States are telling a very to employer-based insurance who achievements, of celebrations, and of different story. didn’t have it previously. And that memories. I would like to talk about the num- data doesn’t even include the surge of May God bless those we have lost. bers for a second because data can be enrollment at the end of March. The May He inspire those who survived to pretty tricky when it gets in the way RAND study only brings us up to about carry forward. May He keep our com- of your political argument. As one of mid-March. munity united in bravery and strength our former colleagues from New York So this is the real story. This is what and love. And may He always watch said—and I am paraphrasing—we are the numbers and the data tell us: that over the people of Boston, of Massachu- all entitled to our own opinions, but we people are getting access to insurance setts, and of the United States of are not entitled to our own facts. for the first time ever. The Affordable America. Here we are. This is the percentage of Care Act isn’t just shifting people from Thank you, Madam President. uninsured in the United States by one insurance plan to another insur- I suggest the absence of a quorum. quarter. We start in 2008, which is es- ance plan; it is actually having a re- The PRESIDING OFFICER. The sentially the beginning of the reces- markable effect on the number of in- clerk will call the roll. sion, and, as would be expected over sured in this country. The assistant legislative clerk pro- the course of the recession, the number I am not suggesting this trend line is ceeded to call the roll. of uninsured rises from 14.5 percent to going to continue along that axis, but, The PRESIDING OFFICER. The Sen- a peak of 18 percent. But guess what boy, if the next couple of years looks ator from Connecticut. Mr. MURPHY. I ask unanimous con- happens when it hits the peak. The Af- anything like the first 6 months of Af- sent that the order for the quorum call fordable Care Act goes into operation. fordable Care Act plans being available be rescinded. The Affordable Care Act begins to be to people, we are going to see a revolu- The PRESIDING OFFICER. Without implemented, and in a very short pe- tion in this country in terms of the objection, it is so ordered. riod of time from the beginning of en- number of people who are outside our Mr. MURPHY. Thank you, Madam rollment until the end of the first pe- health care system. Yet this week was President. riod of enrollment being March 31, the the 52nd, 53rd, 54th vote to repeal the HEALTH CARE number goes from 18 percent uninsured Affordable Care Act in the House of There was a new announcement to 15.6 uninsured. That is a remarkable Representatives. The Presiding Officer today from the Secretary of Health and decrease over a very short period of and I sat through probably 40 of those Human Services that 7.5 million people time that can only be explained by the votes and there is another one today. have signed up for private health care fact that 7 million people now have ac- A budget presented, again, by Rep- through the exchanges by virtue of the cess to private health care insurance, resentative PAUL RYAN would take Affordable Care Act. The initial esti- another 3 million people have access to away insurance from 7 million people mates from CBO last fall were that in Medicaid, and another 3 million people who now have it, take away Medicaid the best case about 6 million people on top of that have access to insurance coverage from 3 million more people were going to sign up. We have blown on their parents’ plans. who have it, would repeal a law that through that enrollment expectation, When we look at what has happened has provided $9 billion in savings for and still, on this floor and in com- to young people over a similar period seniors when they are in the doughnut mittee hearings as recently as this of time, we can see the same dynamic hole. And $9 billion is a big number and morning, Republicans continue to playing out. This is the rate of unin- hard to comprehend. By the way, his criticize and critique this law with sured of 18- to 25-year-olds in this coun- bill would return that $9 billion to the blistering attacks—not because they try. Here, they are at 28 percent. I drug industry because that is where it have data on their side, not because mean, how on Earth, in the most afflu- came from. It didn’t shift money from they have evidence on their side, but ent, most powerful country in the one set of taxpayers to another set of because their entire electoral strategy world, did we ever allow for more than taxpayers. The way we closed the for the fall depends on an assault on one-quarter of our young people to be doughnut hole was asking the drug in- the Affordable Care Act. uninsured? But we were at 28.4 percent, dustry to put up some money in order The problem is that increasingly day and when the Affordable Care Act was to help seniors. by day, as more information comes out passed and the first provision went into The irony of all ironies is that the about the life-changing, life-altering effect, it allowed people who were Ryan budget—while repealing all of the success of this law, there simply is not under 26 to stay on their parents’ provisions that have provided insur- the evidence to back up the claim from plans. ance to over 10 million people and dis- the Republicans that the Affordable Look. The number starts to move counted health care for millions Care Act isn’t working. In fact, the downward. It is a pretty consistent more—would keep in place the $716 bil- reason why a new Washington Post poll downward slope, moving from 28 to lion in Medicare savings that Repub- shows that for the first time more about 24. Then the ACA plans start, licans and outside groups have ham- Americans support the Affordable Care and then the number—just as in the mered Democrats for supporting over Act rather than oppose it is because uninsured data for the population at the course of the last 5 years. they know the Affordable Care Act is large—drops again from 24 down to 21. Over and over we have been told we working. Yet my good friend Rep- It was 28 percent at the passage of the are killing Medicare Advantage by ask- resentative PAUL RYAN says that de- law, and it is 21.7 percent today. ing Medicare Advantage to run their spite 7 million people signing up for the Other studies show the same. This is insurance plans for the same costs that law, ‘‘the architecture of this law is so survey data from Gallup, which is gen- Medicare charges. Yet despite all of the fundamentally flawed that I think it is erally the gold standard on tracking rhetoric, the Republican budget in the going to collapse under its own the rate of uninsured in the country. House would keep in place all of the weight.’’ But we also have a RAND study that Medicare cuts they have been running One of our own colleagues said, ‘‘I was done. This is a very well-known against outside of this building. don’t think the 7 million enrollment consulting study which said that from What our constituents know is that figure means anything. They are cook- the period of September of last year despite bumps in the road, the Afford- ing the books on this.’’ until mid-March, 9.3 million people able Care Act works. Anytime you re- Conservative columnist Charles who were uninsured became insured. order one-sixth of the American econ- Krauthammer says that the 7.1 million So when Republicans say this data omy, you are going to have problems enrollment figure was a ‘‘phony num- doesn’t really tell you the true story and you are going to have people who ber’’ and that all the changes and because these are all people just shift- are going to be unhappy. The reality is delays must mean the majority of the ing from one plan to another, that is that for decades we had the most ex- law is already on its way out. not true. The RAND study tells us that pensive health care system in the

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2352 CONGRESSIONAL RECORD — SENATE April 10, 2014 world, times two, compared to any doesn’t do anything with jobs, it does. THE BUDGET other industrialized nation, and we More importantly, it restores benefits Mr. HATCH. Madam President, I rise were getting results that didn’t meas- to people who are desperately looking today to take a look back at the evo- ure up to the amount of money we were for work in a very difficult economy, lution of our Federal budget over the spending. We had 30 million people who and who need these benefits to keep past few years, as we moved from defi- were uninsured, rates of infant immor- searching for work as well as sup- cits and debt not seen since the years tality and infections that were way porting their families. surrounding World War II to our cur- above countries spending half as much In my view, the failure to act is not rent budget predicament, which still as we did. We had to make a change. defensible. Restoring these benefits is involves deficits and debt that are far That there were 54 votes in the House the right thing to do for job seekers too high. of Representatives to repeal the bill, and the smart thing to do for our econ- The Federal deficit in fiscal year 2009 and not a single effort to replace it, omy. The very modest $300-a-week av- was nearly 10 percent of our economy. tells you that it has been Democrats erage benefit, which our bill restores, This was due partly to efforts to battle who have been willing to step to the helps workers stay afloat and cover the the financial crisis and partly to inef- plate and do the tough reform nec- necessities as they search for a job. fective and reckless spending measures essary to try to make changes that That modest benefit gets pumped back like the so-called stimulus. were 100 years overdue. The numbers into the economy at the local super- Since then, the deficit has fallen. don’t lie in the end. market or gas station. It is just com- From the rhetoric of the administra- I get it that Republicans think they monsense. People will get this—I tion and its allies here in Congress, you can win an election by continuing to hope—benefit, and they will go right would think that deficit reduction has hammer away at the Affordable Care along and take care of the daily needs been accomplished almost exclusively Act, but there are 71⁄2 million people of life. They are not in a position to through spending cuts. Indeed, in an ef- who now have private health care. stash it away—most of them—and they fort to demonstrate his reasonableness There are 3 million people who now are not in a position to do anything in calling for even more tax hikes, have access to Medicaid. There are 3 else but to try to stay afloat through President Obama often touts the million more young adults who can very difficult financial circumstances. ‘‘tough spending cuts’’ that have taken stay on their parents’ plans. RAND and Unemployment remains stubbornly place under his administration. Gallup tell us that the number of peo- high in my State, and across the Of course, after spending ballooned in ple without insurance in this country United States. The March employment fiscal years 2009 and 2010 to almost a is absolutely plummeting by the day. report, while positive, showed we still quarter of the size of our entire econ- All of that is evidence that despite the have much more to do to strengthen omy, it eventually had to be curtailed. best intentions from our Republicans our economic recovery, especially for With a recovering economy, along with to undermine the law the ACA works. the 10.5 million Americans looking for tax hikes engineered by the adminis- I yield the floor and suggest the ab- work, including 3.7 million of the long- tration and its allies in Congress, defi- sence of a quorum. term unemployed. Again, this benefit cits have admittedly come down. The PRESIDING OFFICER. The we propose is particularly directed at Unfortunately, however, as the non- clerk will call the roll. these long-term unemployed Ameri- partisan Congressional Budget Office The bill clerk proceeded to call the cans. has told us, the deficit reprieve will be roll. That is why this is a critical effort in short lived. The CBO tells us clearly Mr. REED. Madam President, I ask our attempts to strengthen our econ- that after 2015, the deficit will rise unanimous consent that the order for omy—restoring these benefits. We have again and, as a consequence, the Fed- the quorum call be rescinded. never let these benefits lapse when the eral debt remains on an unsustainable The PRESIDING OFFICER. Without long-term unemployment rate is higher path. objection, it is so ordered. than 1.3 percent—and today it is nearly As the CBO and every credible budget EMERGENCY UNEMPLOYMENT INSURANCE twice that at roughly 2.6 percent. We analyst has made clear, our fiscal path Mr. REED. Madam President, it has have acted on a bipartisan basis, on a is unsustainable because our entitle- been 103 days since emergency unem- fiscally responsible basis, on a basis ments are unsustainable—that means ployment insurance expired and 3 days that recognizes not only the needs of Social Security, that means Medicare since the Senate sent a bipartisan families but the need to help further and Medicaid, and that means the Af- agreement to the House which would grow our economy. Now it is time for fordable Care Act. restore these benefits for up to 2.7 mil- the House to act that way—responsibly We know those programs cannot be lion Americans. These benefits are fiscally and responsibly to our neigh- sustained on their current trajectories. fully paid for and would lift the entire bors and our constituents, on a bipar- Yet the administration and its allies economy. That is why the nonpartisan tisan basis, to get this bill done quick- refuse to do anything about it. Congressional Budget Office has esti- ly and get it to the President. The Senate Democratic budget left mated that failing to renew the bene- It is my hope the House of Represent- entitlements virtually untouched. The fits for a full year would cost the econ- atives stops blocking this. This is fully President’s budget offers little in the omy 200,000 jobs. We recognize our bill paid for. It is fiscally responsible. It is way of structural entitlement reforms is a partial restoration, not a full year. a bipartisan effort. It is what every one necessary to put these programs on The restoration we proposed will in- of our constituents says we should be sound fiscal footing. In fact, with his crease jobs in the economy as attested doing more of—responsible, thoughtful, latest budget, President Obama has by the CBO. bipartisan legislation. We have done even retreated on reforms that he has Unfortunately, it appears that the our part in the Senate and now it is up offered in the past. House has no intent to take up the to the House. I hope they move quick- But let’s look back on how our budg- Senate-passed agreement to restore ly—this week indeed—to get this relief et has evolved over the last few years. these benefits before they leave town to millions of Americans. If you listen to my friends on the other for 2 weeks. With that, I yield the floor and note side of the aisle and their supporters, That is right if the House fails to the absence of a quorum. the Federal Government has signifi- pass what the Senate has passed on a The PRESIDING OFFICER. The cantly scaled back on spending which, bipartisan vote—and this was a bipar- clerk will call the roll. they say, is responsible for almost all tisan, fiscally responsible measure— The assistant legislative clerk pro- the changes in the Federal deficit since the Speaker, who says he wants job ceeded to call the roll. the outsized deficits in fiscal years 2009 creation, will be rejecting a portion of Mr. HATCH. Madam President, I ask and 2010. those 200,000 new jobs projected by the unanimous consent that the order for We hear from our friends on the Congressional Budget Office, which is the quorum call be rescinded. other side of the aisle about how they headed by his own appointee. The PRESIDING OFFICER. Without have ‘‘slashed’’ spending. We hear Contrary to the criticism that our objection, it is so ordered. about ‘‘austerity,’’ as though it is proposal does not create jobs and The Senator from Utah. something inherently evil.

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2353 For example, in June of 2013, the left- have heard countless promises to rein tax hikes. Let’s not think for a minute wing Center for American Progress in spending in the future. The fraction that their demand for higher taxes has said that ‘‘we have enacted about $2.5 of those promises that have ended up anything to do with reining in the def- trillion in deficit reduction with about being kept is very small. icit or reducing our debts. three-quarters coming from spending Promises notwithstanding, let’s go Instead, the proposals from Demo- cuts.’’ back over the past 4 fiscal years and crats are for even more spending, more In March of this year, Vice President see what has happened. As I said, from redistribution, and an even more bigger BIDEN’s former aide Jared Bernstein fiscal year 2009 to 2013, the deficit has government. The President’s recent wrote in that we gone down by $735 billion. No one dis- budget is exhibit No. 1. Of course, you have generated $2.5 trillion in deficit putes this, certainly not my friends on will not hear it being called ‘‘ineffi- savings, with 77 percent coming from the other side of the aisle, who have cient and wasteful government spend- spending cuts. used this number as justification for ing.’’ No, you will hear about invest- In February of this year, the Senate turning their spending engine back to ments. You will not hear the term ‘‘re- Budget Committee chairman wrote to full throttle. distribution.’’ No, you will hear about her Senate Democratic colleagues that Given all that they said about spend- the wonderfully egalitarian goal of since August 2010, we have had ‘‘$3.3 ing cuts having been responsible, on a fairness, as judged by the norms of trillion in deficit reduction put in 3-to-1 basis for deficit reduction, the Democrats. place over the last few years’’ with 77 question becomes: Is 75 percent of the You will not hear about big govern- percent claimed as coming from spend- deficit reduction we have seen over the ment controlling an outsized and in- ing reductions. last 4 years attributable to spending creasing share of economic activity in Depending on who you listen to, defi- cuts or austerity? The answer is not our country. No, you will hear about cits have been reduced by $2.5 trillion even close. The $736 billion of deficit how virtually every private sector or $3.3 trillion or maybe more. No mat- reduction has been accomplished with company in virtually every sector of ter the number, the claimed reduction $670 billion of increased revenues, and the economy acts abusively or out of stemming from spending cuts usually only $65 billion of spending reductions, greed, without regard for others, in ends up at around 75 percent or more. which on a basis of around $3.5 trillion search of tax loopholes to exploit to That would mean that deficit reduction of annual spending is a reduction of the detriment of the middle class. has been accomplished by a 3-to-1 or below 2 percent. Once again, it is clear from the budg- higher ratio of spending cuts to tax I will say that again. The $735 billion et data already in the books over the highs. Of course, all of those deficit re- of deficit reduction from fiscal year past 4 fiscal years that the vast major- duction and spending reduction claims 2009 to 2013 has been accomplished by ity of deficit reduction, more than 91 represent promises for the future. and large through higher tax revenue. percent of it, has come from increased They are measured relative to some Specifically, more than 91 percent of revenue extracted from the private sec- artificial so-called budget baseline or the deficit reduction has stemmed from tor. Less than 9 percent has come from yardstick, which can pretty much be higher taxes, and less than 9 percent any kind of spending restraint. Those anything that you want it to be. Pick from reductions in spending. are facts. Those are the numbers on the one yardstick and you get one result. Less than 9 percent of deficit reduc- books. Those data do not depend on Pick a different yardstick and you get tion stems from spending cuts is a far CBO projections. They do not depend a different result. But it has been re- cry from the 75 percent or more that on picking a baseline. They do not rely on budget assumptions. corded that in fiscal year 2009, the Fed- my friends on the other side of the What these numbers tell us is that eral deficit was more than $1.4 trillion aisle claim. Those claims are based on virtually none of the so-called aus- promises of future spending reductions or almost 10 percent of GDP at the terity or slashed spending that my and budget projections. Yes, those time. friends on the other side of the aisle Also on the books is that in fiscal claims are based on carefully crafted have pretended to endure have oc- year 2013, our most recently closed fis- budget baselines or yardsticks that my curred in the real world. cal year, the deficit was around $680 friends creatively construct. All of this As we continue to hear from my billion or just over 4 percent of GDP at is future, which we all know will never friends on the other side of the aisle that time. Therefore, deficit reduction come to pass. about how our budget challenge has we have seen between fiscal years 2009 But if we had enacted budgetary faded away, and about the trillions and and 2013, which is a 4-year period, has changes aimed at reducing deficits that trillions of deficit reduction that has been about $735 billion. That is not $2.5 involved anything near a 3-to-1 ratio of been accomplished through spending trillion. That is not $3.3 trillion. spending cuts to tax increases, then cuts, let’s keep in mind our recent The larger deficit reduction numbers you would think it would have at least track record. That record is clear. are derived almost entirely from future started to slow up over the past 4 fiscal I will say it again just to make sure promises to reduce spending, promises years. As I said, however, it is not even the point is not lost on anyone. that we are pretty darn sure are never close. Of course, some of the revenue The spending restraint we have seen going to be kept, based upon all of the increases have reflected the economy since the outside spending sprees in fis- past history of this country and the recovering from the recession to its cal years 2009 and 2010 has been minor. Democratic Party, by the way. current state, which by the way re- The vast majority of deficit reduction Once again, in terms of real actual mains sluggish. we have seen to date, more than 91 per- deficit reduction, the number comes in But the 2013 numbers begin to reflect cent of it has resulted from increased at roughly $735 billion. Keep in mind recent tax hikes, engineered by my revenue. The past 4 fiscal years have all the rhetoric about deficit reduction friends on the other side of the aisle. shown no evidence of the ongoing consisting of 3-to-1 spending reductions Moving forward, we can expect even promises of 3-to-1 spending cuts to tax to tax hikes. Well, if that is what we more revenue to be extracted from hikes. would have enacted, we would imagine economy from tax hikes, including the We do not need to increase taxes yet those ratios would have been at least higher tax rates that were passed last again. We have already done that. We somehow reflected in the deficit reduc- year in the fiscal cliff deal, along with do not need to declare deficit and debt tion realized over the past 4 years or the myriad of taxes included as part of victory and turn the speeding spigots so. the Affordable Care Act. back on to maximum flow. Our fiscal If not, then, let’s be clear that they We have already seen in fiscal year challenge remains where it has been for are only promises to reduce spending, 2014 through February Federal tax rev- some time now. We have unsustainable promises that the current and future enues hitting a record high for the first growth in our entitlement spending Congresses can undo with the stroke of 5 months of the fiscal year relative to and we need to discuss and enact struc- a pen. If past experience is the norm, a similar period of any past fiscal year. tural reforms to our entitlement pro- you can count on it. You can count on Yet, even as the revenue gushes in, my grams in order to put them and our fis- undoing those promises. I have been in friends on the other side of the aisle cal position on a more sustainable the Senate—this is my 38th year. I want to double down with even more course.

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2354 CONGRESSIONAL RECORD — SENATE April 10, 2014 Democrats, of course, have other picion on other activities that USAID lations Committee about this twitter ideas. For instance, take a look at page is undertaking around the world. project, whatever it was, and whether 33 of the President’s budget. The docu- USAID is in some very tough places it was wise—and I think it was the con- ment discusses the future around the world—delivering supplies sensus of our committee—that if it unsustainable deficits and debt and al- into South Sudan, for example. We opens up Cuban people to other ideas ludes to a large tax increase that is un- work with the people in Syria—not and more information, it is a positive defined. Here is what it says, ‘‘Even within the country but just outside the thing. with reforms to Medicare and other en- country. We work in many dangerous You and I discussed afterward the titlements and tough choices . . . we parts of the world, and the last thing fact that there are other things we can will need additional revenue to main- we need is suspicion cast on USAID do. I think you just alluded specifically tain our commitments to seniors.’’ where people think it is an arm of the to them on the floor, and I wanted to As I said, my friends on the other CIA. It just shouldn’t be done. I think associate myself with your thinking on side never tire of asking for more USAID does great work around the this and hope that after some 50-years- money from our American people— world and shouldn’t involve itself with plus, some fresh thinking on our for- never tire of it. For example, both the work of this type. eign policy in terms of Cuba may lead President’s budget and the budget pro- With regard to Cuba itself, as I said, to what we ultimately want, and that posed by Senate Democrats last year I think our goal should be to make sure is giving the Cuban people an oppor- envisioned revenue increases of over $1 that Cubans are better informed, that tunity to be part of a real democracy trillion. That apparently is their an- we have increased contact, and that we and have real freedoms. Isn’t that swer to the entitlement question—not have more American influence there. right? reforms, not structural changes, but That could be most easily forwarded Mr. FLAKE. It is. I thank the Sen- ‘‘additional revenues.’’ by simply allowing Americans to travel ator. If you are going to try to fix our enti- to Cuba. It is the only country in the I suggest the absence of a quorum. tlement problems entirely on the rev- world where we have a policy that you QUORUM CALL enue side of the ledger, it is going to have to get a specific license—where The PRESIDING OFFICER. The take far more revenue than what my only certain classes of people are al- clerk will call the roll. friends on the other side of the aisle lowed to go there. That simply makes The legislative clerk proceeded to have previously proposed. If that is the no sense at all. call the roll and the following Senators route they want to go, they should at If our goal is to make sure that entered the Chamber and answered to least be honest with the American peo- Cuban people are aware of what is their names: ple about where the revenue will come going on in the world, that they get [Quorum No. 1 Ex.] from and who will be paying for it. The real information outside of the govern- ment sources—the government in Cuba Carper Hirono Walsh American people deserve to know. I Durbin Reid Warren think it is about time our friends on denies Cuban people the ability to get Flake Tester good, meaningful information—we the other side explained it to them. Do The PRESIDING OFFICER. A ought to be all about making sure they not count on that. quorum is not present. I suggest the absence of a quorum. have access to that, but the best way The majority leader. The PRESIDING OFFICER. The to do that is simply allowing Ameri- Mr. REID. Madam President, I move clerk will call the roll. cans to travel there. We do that with to instruct the Sergeant at Arms to re- The assistant bill clerk proceeded to other repressive regimes around the quest the presence of absent Senators, call the roll. world. Mr. FLAKE. I ask unanimous consent It has been said—I think Freedom and I ask for the yeas and nays. that the order for the quorum call be House has Iran as the only government The PRESIDING OFFICER. Is there a rescinded. that is more restrictive, more authori- sufficient second? The PRESIDING OFFICER. Without tarian, and more repressive than the There is a sufficient second. objection, it is so ordered. Cuban regime. Yet we allow Americans The question is on agreeing to the The Senator from Arizona. to travel to Iran. In Iran, the Iranian motion. Mr. FLAKE. I ask unanimous consent Government may restrict who may The clerk will call the roll. to speak as in morning business. come in—as will the Cuban Govern- The assistant bill clerk called the The PRESIDING OFFICER. Without ment, I am sure, once we lift our travel roll. objection, it is so ordered. ban there. But that ought to be their Mr. DURBIN. I announce that the Senator from California (Mrs. BOXER) CUBA province. I have often said if someone Mr. FLAKE. Madam President, we is going to limit my travel, it should be and the Senator from Massachusetts heard news a week or so ago that the a Communist government, not my gov- (Mr. MARKEY) are necessarily absent. U.S. Government, through the Agency ernment. Mr. CORNYN. The following Senators for International Development, was As we review this program and as we are necessarily absent: the Senator conducting a program in Cuba titled talk about it in the coming weeks—we from Oklahoma (Mr. COBURN), the Sen- ZunZuneo. had a hearing this morning with the ator from Texas (Mr. CRUZ), the Sen- It was an attempt to set up a kind of head of USAID testifying about it—I ator from Kansas (Mr. MORAN), the alternative twitter account, and the in- hope we simply keep in mind the best Senator from North Dakota (Mr. tent was certainly noble—to increase way to help the Cuban people to have HOEVEN), the Senator from North Caro- access of ordinary Cubans to informa- access to information and to have con- lina (Mr. BURR), and the Senator from tion that would help and assist them. tact with Americans, to be subject to Missouri (Mr. BLUNT). I have no issue with programs such as American influence, freedom, and eco- The PRESIDING OFFICER. Are there this. I think overall they are good. The nomic opportunity, is to allow Ameri- any other Senators in the Chamber de- more we can have people have Internet cans to travel freely there. That would siring to vote? access and meaningful content is good, do more than any program we could in- The result was announced—yeas 55, but I and many others do have an issue stall, any program administered by nays 37, as follows: with the Agency for International De- USAID, the State Department, the CIA [Rollcall Vote No. 107 Ex.] velopment—USAID—undertaking this or anybody else—just allow Americans YEAS—55 program. to travel to Cuba. Baldwin Casey Heinrich USAID’s mission is to help with hu- Mr. DURBIN. Would the Senator Begich Coons Heitkamp manitarian needs and to promote Bennet Donnelly Heller yield for a question? Blumenthal Durbin Hirono democratic development around the Mr. FLAKE. I yield to the Senator. Booker Feinstein Johnson (SD) world. It need not, should not, engage Mr. DURBIN. I will make a state- Brown Franken Kaine in covert—or in their case they are ment in the nature of a question since Cantwell Gillibrand King Cardin Hagan Klobuchar saying it wasn’t covert, they are call- we discussed this this morning. We had Carper Harkin Landrieu ing it discreet. Either way, it casts sus- a lengthy discussion in the Foreign Re-

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2355 Leahy Pryor Tester become accustomed to wasting time. confirmation vote also for Monday, Levin Reed Udall (CO) That is what they have tried to do for when we return on April 28. That is the Manchin Reid Udall (NM) McCaskill Rockefeller Walsh 5 years. We have wasted time because alternative I offer to the majority. Menendez Sanders Warner of issues such as this. The staff has to The PRESIDING OFFICER. Will the Merkley Schatz Warren be here. We have wasted so much time majority leader so modify his request? Mikulski Schumer Whitehouse that we could be working on important Mr. REID. I reserve my right to ob- Murphy Shaheen Wyden Murray Shelby issues. ject. Nelson Stabenow The Republicans have come to the Madam President, obviously this is not a dissertation on logic, because if NAYS—37 floor saying: We want amendments. The reason we don’t deal with that it were, why in the world would we Alexander Flake Paul want to waste 30 hours doing nothing? Ayotte Graham Portman kind of stuff is because we spend so Barrasso Grassley Risch much time on this. We have wasted And that is what we are doing, 30 Boozman Hatch Roberts thousands of hours during the 5 years, hours. Chambliss Inhofe Rubio I know my friend from Iowa has been and that is very unfortunate. The Re- Coats Isakson Scott on the Judiciary Committee a long Cochran Johanns Sessions publicans are stalling so much. Collins Johnson (WI) time. I appreciate all he has done, but Thune UNANIMOUS CONSENT REQUEST Corker Kirk it is apparent the only reason the Sen- Toomey Cornyn Lee I ask unanimous consent that the Vitter ator from Iowa expresses delay is for Crapo McCain time until 4:00 today be equally divided Wicker delay itself, no other reason. Enzi McConnell and controlled in the usual form; that Fischer Murkowski Now, I may have missed it. There at 4:00 p.m. all postcloture time be could have been someone talking about NOT VOTING—8 yielded back and the Senate proceed to what a bad person she is or why she is Blunt Coburn Markey vote, with no intervening action or de- not qualified, but I must have missed Boxer Cruz Moran bate, on Calendar No. 574; further, fol- Burr Hoeven that. I heard little, if any, opposition. lowing disposition of the nomination, In fact, I have heard none for this The motion was agreed to. the Senate proceed to vote on cloture nominee. I have heard only obstruction The PRESIDING OFFICER. A for Executive Calendar No. 623; if clo- for obstruction’s sake, delay for delay’s quorum is present. ture is invoked, all postcloture time sake. The majority leader is recognized. will be yielded back and the Senate This has been going on for 5 years. It Mr. REID. We are here this afternoon will proceed to vote on confirmation of appears that the Senator wishes his because Republicans are holding the the nomination; that if confirmed, the caucus to be the caucus that ‘‘just says confirmation of two important nomina- motion to reconsider be considered no,’’ and that is what they did here. tions. Earlier today the Senate voted made and laid upon the table, with no So, Madam President, I object to the to invoke cloture on Michelle intervening action or debate; that no modification. Friedland to the Ninth Circuit Court of further motions be in order to the nom- The PRESIDING OFFICER. Is there Appeals. So the only question is, when ination; that any statements related to objection to the original request? will she be made a Federal judge in the the nomination be printed in the Mr. GRASSLEY addressed the Chair. The PRESIDING OFFICER. The Sen- Ninth Circuit. RECORD, the President be immediately ator from Iowa. There are some who say that 30 hours notified of the Senate’s action and the should run. They can speak for them- Mr. GRASSLEY. Reserving the right Senate then resume legislative session. to object, and I will object, but to re- selves why they insist on doing so. The PRESIDING OFFICER. Is there mind everybody, when the majority There is no question it is not to debate objection? leader says that nothing is being done the nomination. It is just to do noth- Mr. GRASSLEY addressed the Chair. ing, to stand around here and do noth- The PRESIDING OFFICER. The Sen- on judges, we have confirmed 233 judges ing. ator from Iowa. and only disapproved the 2; so don’t Few, if any, Senators have come to Mr. GRASSLEY. Reserving the right ever try to sell the American people on the floor to express any reason to op- to object, and I would offer an alter- the idea that the Senate is not doing pose this good woman. She was nomi- native; but before I do that, I wish to its work on getting judges approved. I object. nated 9 months ago by President say to my colleagues in the U.S. Sen- Obama. So it is time to confirm this The PRESIDING OFFICER. The ob- ate that, first of all, there is con- jection is heard. well-qualified nominee. Enough stall- troversy about this nominee. Let’s The majority leader. ing has taken place. make that clear. And second, the ma- Mr. REID. As I indicated, this is She graduated second in her class at jority leader said maybe the people of something without logic. We have had Stanford University Law School. She this country don’t really understand a lot of judges approved after wasting clerked for Sandra Day O’Connor in the what is going on. hundreds of hours of time doing noth- Supreme Court. She has been a partner They understand what is going on. ing. We have judges reported out of the in a prominent law firm. We are working under the rules that Judiciary Committee unanimously, led The Ninth Circuit is the busiest cir- the majority changed by ignoring the by our good friend, the senior Senator cuit in the entire country. The Senate rules of the U.S. Senate in November. from Vermont, the chairman of the confirmed 18 of President Bush’s cir- So as the majority leader knows, we Committee, who does such an admi- cuit court nominees within a week of have not yielded back postcloture time rable job. They were reported out being reported out of committee. This on judicial nominations since the so- unanimously, and they stall—the Re- woman, as I already indicated, was 13 called nuclear option was triggered last publicans stall, delay, obstruct, and months ago. We have 30 other judicial November. then we have a vote here and it passes nominees pending on the calendar. We We have followed the rules of the very easily. Their only purpose for the have 85 vacancies on the Federal U.S. Senate for regular order on all delaying is for delay’s sake. They are courts. There is no reason to delay this judges before the Senate in the last 5 obstructing this as they have ob- nomination. months, just exactly the way the rules structed everything over the last 5 There is no reason to delay the nomi- were changed in November. So there is years. nation of David Weil to lead the Wage 30 hours of postcloture debate on this I know people complain about the and Hour Division of the Department nomination. rule change that was made. Where of Labor. He is a Boston University Therefore, I would ask the consent would we be in this country without professor, a Harvard University re- request be modified so that the vote on having changed that rule? searcher. confirmation would occur at 5:30 p.m., I got a letter today from Secretary of I am sure it is a little difficult for Monday, April 28, when we return from Defense Chuck Hagel, outlining nine people watching this to understand the April recess. This would allow the important people in the Department of why Republicans are demanding that Senate to process the pending cloture Defense who need to be confirmed. we waste time, because that is all it is. nomination on the wage and hour Most of the positions have been with- But I guess the American people have nominee this afternoon and set that out anybody there for more than a

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2356 CONGRESSIONAL RECORD — SENATE April 10, 2014 year. We have numerous ambassadors taken seriously. This body—when it I have been here a while. I know how to important countries around the was at its peak and operating the way people used to work together, but you world, and they are not being con- it should under Members of majorities can’t work together if one side says no firmed because they are being stalled. of both parties—has been a more civil to everything. Once in a while we have Why? Why could we not have these peo- place in which rights were respected. had the good fortune to be able to piece ple go do their work? They have been The Senator from Iowa—the ranking together some work with the Repub- nominated. Countries all over the member of the Judiciary Committee— licans. It is getting harder and harder world are without ambassadors from is pointing out that we are simply ex- to do, but we have been able to get it the United States. Where would we be ercising our rights under the rules of done a few times. if we had not changed that rule? the Senate. They have wasted the time of the Now we are slogging through these The PRESIDING OFFICER (Ms. WAR- American people. If there is an objec- nominations. It is kind of slow because REN). The majority leader. tion to this woman, then come to the of the inordinate amount of time that Mr. REID. I am a patient man. At floor and talk about what is wrong we are caused to eat up. But the longer least I try to be. For my friend to come with her. She attended one of the finest my friend from Iowa talks, the more here and have the audacity to talk law schools in America. A battle goes reason there is that maybe we should about my breaking my word—the trou- on every year, whether it is Harvard, have changed the rules more than we ble with that statement is that the Yale or Stanford, and they flip back did. whole Senate is here to see what hap- and forth. It doesn’t matter. She is a So, unless something changes, we pened. very fine academic. She clerked for one will have a vote tomorrow at 5:00 p.m. He said something and I said some- of the finest Supreme Court justices we We will have three votes here tomor- thing. What he said was that we are have had in the history of the coun- row at 5:00 p.m. on Friday. not going to have all of these filibus- try—by the way, a Republican. The PRESIDING OFFICER. The Sen- ters on motions to proceed. What is wrong with her? What do we ator from Kentucky. For the viewing audience, we wasted gain by holding this up? The country Mr. MCCONNELL. I think it is impor- so much time just trying to get on a gains nothing. As I have indicated, we tant to put all of this in context. My bill. It is not that easy. You have to have about 140 nominations that are good friend, the majority leader, broke file something in the Senate, and then being held up over here. My friend, the his word last year when he said we had you have to wait a day to get on the Republican leader, said: Hey, listen, we settled the issue of what the rules were bill. If they object—and they object would have approved them all in De- going to be for the Senate for this Con- hundreds of times—it takes 2 days to cember anyway. Please. Who in the gress. He then broke the Senate rules get on the bill. Then we vote, wait 30 world thinks that there is a bit of cred- in order to change the Senate rules, hours, and then we are only on the bill. itability to that? setting a very unfortunate precedent, To get off the bill, we have to go I say to everybody that I am sorry. In and continues to abuse the Senate through that process all over again, 25 hours, I guess, we can come here to rules by using the device called filling and we have done that hundreds of vote on these people. All we need is a the tree to prevent Members of the times. majority, and that is the way it is. I Senate, from his party and from our There have been more filibusters on am so sorry for the inconvenience to party, from even offering alternatives. President Obama’s judicial nomina- everyone, but the Republicans know Despite this heavyhanded behavior, tions than in the entire history of the that for them it is pretty easy. They he expects the minority to simply ex- country for other Presidents. We have can just walk out of here. They don’t pedite consideration of, in the case of been a country for a long time—rough- have to be here, but we do because it is the matter we are discussing, a life- ly 240 years. There have been more fili- our burden to run the country. They time appointment. As Senator GRASS- busters for President Obama in the can walk away and take their little LEY has pointed out, we are simply ex- course of 5 years than for the previous trips and go home. We are not going to ercising our rights under the rules of 235 years. be able to do that. We have to vote and the Senate. I might say many of these I went to New York and had the good approve these two people. nominees would have been confirmed fortune to watch a wonderful play— We have a very good judge we need to last December had we not experienced ‘‘All the Way’’—about LBJ. That good approve. We have somebody for the this event perpetrated by the majority man—during the time he was majority Wage and Hour Division at the Depart- in a heavyhanded attempt to alter the leader for 6 years—had to overcome one ment of Labor. That job has been va- balance, to change the nature of the filibuster. cant for a long, long time. Senate with a simple majority. It was As the majority leader in the Sen- Again, I am sorry for the inconven- an unfortunate decision, but those ate—because of the performance we ience to Members, but we have an obli- kinds of decisions have consequences. have had over here—I had to overcome gation. We have been elected to be Sen- And all we have done here is exercise, over 500 filibusters. This is for the ators. as Senator GRASSLEY pointed out, the country. It is not for me. We have been The PRESIDING OFFICER. The Re- rights that Senators have under the stymied on everything we have tried to publican leader. rules of the Senate. If the majority do—everything. Mr. MCCONNELL. Madam President, leader doesn’t like the way the Senate We know—it is public record now— I have just a couple of brief observa- is working, I would recommend that he that 3 days after Obama was elected tions that are relevant to the point. change his behavior. the first time, a meeting was held here No. 1, we have approved more judges at You know, we don’t have a rules in Washington, and it has been written this point for President Obama than problem. We have a behavior problem. up all over the place. Karl Rove called President Bush had approved at the We have had a couple of examples of the meeting with others. They made same time in his Presidency. trying to edge back to normal here, the decision that their goal was to No. 2, the majority leader has a curi- where we brought up a bill that was ac- make sure this man never got re- ous definition of filibuster. The reason tually open for amendments, and elected. To the credit of the Repub- the majority leader has had difficulty amendments were processed from lican leader, he said: Our goal is to getting onto bills is because as soon as Members on both sides. But it seems of make sure he is never reelected. we get on bills, there are no amend- late we are back to the old Senate. All Well, Obama surprised everybody— ments allowed. Once you get past the we are about is scoring partisan points except us—and was overwhelmingly motion to proceed—I would say to the and denying Members the opportunity elected by the American people. people who may be listening and are to offer amendments. They also said in that same meeting: not as deeply steeped in Senate rules— I think most Members on both sides The way we are going to stop him from there is a 2-step process. You vote to of the aisle came here to be Senators, being reelected is to object to every- get on a bill, and then you are on the which involves having your committee thing, and that is what they have done. bill. work taken seriously and having the It is unprecedented in the history of What happens is that once we get on opportunity to offer amendments our great Republic. the bill, the majority leader has made

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2357 it impossible for Members of his party had a press conference last week, I be- said that if a woman works the same or ours to offer amendments more lieve it was, announcing their agenda job that a man works, that woman often than the last six leaders com- from this point through the election in should be paid the same as a man. bined. In other words, he gets to decide November, which involved issues such Is that posturing? I don’t think so. whether anybody’s amendments are as the vote we had yesterday, the vote My daughter doesn’t think so and my considered—either on his side or our on the increase in the minimum wage, granddaughters don’t think so. They side. That is what has degraded the the vote on extending long-term unem- think it is pretty fair. More than half Senate. That is what has turned the ployment, and the like. I believe there of the people who are going to college Senate into looking more like the was a quote in the article—if the Sen- now are women. Over half of the people House. In fact, I am told of late that ator will remember like I do—that ba- in medical school and law school are the House has voted on more amend- sically said: We are not interested in women. Shouldn’t they be paid the ments than the Senate. The assistant legislating. We are just basically inter- same as men? Is that posturing? I don’t majority leader used to say—and he ested in posturing and politics to help think so. was quite right at the time—if you distract the American people from the Again, there is diversion and distrac- want to have a chance to vote, come to unpopularity of this President’s poli- tion from the issue at hand. They wanted to offer amendments, and one the Senate; that is what the Senate is cies and this party’s policies. was a 350-page amendment that cov- about. That is not what it has been Does the Senator remember some- ered everything. In fact, I said it even about in recent times. thing to that effect? included the kitchen sink. They are All that is really required to get the Mr. MCCONNELL. I do. The Senator not serious about this. They only want Senate back to normal is for the one from Texas is entirely correct. There was a rather candid admission at a to move from what we are trying to do. Member of the Senate who has the Do we have anything urgent to do press conference that the whole agenda right of prior recognition and the right when we get back? If we didn’t have to was basically crafted by the Demo- to set the agenda to open the Senate go through all of this nonsense—and and let Members of both parties offer cratic Senatorial Campaign Committee that is what it is—we would be voting amendments. and that getting an outcome was sort today on minimum wage. That vote When we used to be in the majority, of irrelevant. It was mainly about scor- would help 1 million people get out of I would tell our Members that the price ing political points for the fall election poverty and 26 million people would get of being in the majority is you have to here on the floor of the Senate. a raise. give the minority their votes. It is an If that is one of the urgent items the Why did we pick the number of $10.10 unpleasant experience for us, but that majority leader has in mind that would an hour? Because that gets people out is the way the Senate operates, and somehow be prevented if we had a vote of poverty. It is really important that that is the way you move a bill to com- on this judge on the Monday after the we understand that this is part of the pletion. recess, it is perplexing to reach the mantra of the program that Karl Rove There were a couple of times this conclusion that this is a matter of and others decided they would do 5 year when it looked like we were going great urgency for the American people years or more ago, and that is to op- to get back to normal. I still hope it is if there is no interest whatsoever in pose everything that President Obama not too late for that. It would be in the getting an outcome. has done. best interests of the institution and Mr. MCCONNELL. I yield the floor. You cannot talk about what went on the best interest of both the majority The PRESIDING OFFICER. The ma- before because never in the history of and minority to begin to restore the in- jority leader. our great Republic have we had a stitution to the way it used to operate. Mr. REID. Madam President, I have party—a minority party—determined Mr. REID addressed the Chair. heard my friend the Republican leader to do nothing in the hope that it will Mr. MCCONNELL. Madam President, come to the floor often and say: Why get them the majority in November. I believe I have the floor. don’t we work on Fridays? Most people We will find out if their noble experi- Do I have the floor? work on Fridays. I want to make sure ment works; that is, oppose everything Mr. REID. I have the floor. The Sen- I am right, but I have not seen or heard and people will like us a lot. I don’t ator yielded the floor. a single Republican come to the floor think that is going to work. We are The PRESIDING OFFICER. The Re- and say a single word about the nomi- here to do the work of the American publican leader had not yet yielded the nee of the Ninth Circuit—positive or people. Is it right that we have more floor. negative. They have not said a single than 100 people who are being held up Mr. REID. I apologize. word. for no reason other than they want to Mr. CORNYN. Madam President, if A lot of words are being thrown make sure that if we have somebody the Senator would yield for a question. about here—posturing. I wonder if who is going to be a circuit court Mr. MCCONNELL. I am happy to somebody who is a long-term unem- judge, we have to file cloture—that is 2 yield for a question. ployed worker, someone who has been days—and then we have 30 hours, and Mr. CORNYN. Madam President, the out of work a long time—I will give a then we have—simply moving to a majority leader said that there is ur- profile of someone. Not everybody fits piece of legislation, we waste a week gent work the Senate needs to turn to, this description. Let’s take the exam- getting to it because of their obstruc- which is why we ought to amend the ple of somebody who is 55 years old and tion and delay. So it is unfortunate. ordinary rules of the Senate which call was laid off because of the recession My friends talk about all the great for a 30-hour postcloture period. and can’t find a job because he or she things they have done. I will tell my I ask the distinguished Republican is overqualified, overeducated—lots of colleagues the great things they have leader if he is aware of any urgent different issues as to why they can’t done. I can give lots of examples. We work that the majority leader has find work. tried to do a highway bill—a highway planned for us to turn to that would be We decided that it was important bill—which is important for this coun- a reason to expedite this particular that they get an unemployment benefit try. We have a deficit in infrastructure nomination? extension. About 2 million people agree of $3 trillion. It wasn’t much better a Mr. MCCONNELL. I am sure the ma- with that for sure because they are the couple of years ago. So we brought that jority leader will announce at some ones who lost those benefits. I don’t bill to the floor, and we had this great point what we are going to do next, but think that is posturing. We voted on amendment process. They wanted to I am not quite sure what that is at this that, and it passed here. I think we had debate amendments. What did they do? particular point. to have five cloture votes to get there. They wanted to stop women from get- Mr. CORNYN. Madam President, if But because of some very strong-willed ting contraceptives. That held up the Senator will yield for another ques- Republicans, we were able to do that, things for a month—a month—before tion, I ask the distinguished Repub- and I admire those five who joined with they finally got some sense and with- lican leader if he is aware—and I am us. They didn’t want to do it by name. drew that. confident he is—that the majority They said something we did yesterday. The Republicans made a decision a leader and other leaders of his party That something that we did yesterday little more than 5 years ago to oppose

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2358 CONGRESSIONAL RECORD — SENATE April 10, 2014 everything President Obama wanted or to do is clear it on their side. We have like that, but we don’t want to do it tried to do, and they have stuck with cleared it. that way; let’s do it some other way. that. It has not been good for the coun- Mr. CORNYN. Mr. President, if I The point is the committee met and try, and we have situations just like we could ask the majority leader through reviewed the House legislation and de- have here. the Chair, there is the Justice for All cided they wanted to do more than (Mr. SCHATZ assumed the Chair.) Act which, as the leader points out, in- what the House did. I think we should Mr. CORNYN. Mr. President, would cludes things other than the Debbie go forward with what the committee the Senator yield for a question? Smith Act, which has not cleared the says. Mr. REID. Sure. Senate, which, if it did clear the Sen- I hear my friend the Republican lead- Mr. CORNYN. Mr. President, the ma- ate, would include the Debbie Smith er and other Republican Senators say: jority leader says there is important Act. That would be a positive develop- Let’s have the committees do their work for the Senate to do, and I can ment. work. think of one urgent thing we could do There is a separate bill—if the Jus- They have done their work. We ap- today if the majority leader would con- tice for All Act is not cleared, there is proved their work. We are ready to sent. a separate bill which would reauthorize pass this right now, which includes the The House has passed the reauthor- the Debbie Smith Act which has passed Debbie Smith language but does a lot ization of the Debbie Smith Act. the House. So we could take up just the more. To remind colleagues, this is money Debbie Smith reauthorization that the The PRESIDING OFFICER. The Re- Congress appropriated to the Depart- House has passed and get that done publican whip. ment of Justice for grants to local law today, which I would urge the majority Mr. CORNYN. Mr. President, I asked enforcement agencies and forensic labs leader to consider, if we can’t clear the the distinguished ranking member of to test unprocessed rape kits. This is a larger bill, the Justice For All Act. the Judiciary Committee to remind me national scandal, the number of un- But, frankly, I would be happy with ei- what the challenge is with the Justice processed rape kits which have pre- ther one. But if we could just do the for All Act. We have a Member on our vented law enforcement from identi- Debbie Smith Act today, I think we side who is unfortunately not here fying a serial perpetrator of sexual as- could call that great progress and a today because of medical concerns who sault, many sometimes not just involv- great win for justice and for some of has concerns about that bill, so we can- ing adults but also children. these people who have been waiting too not pass that bill by unanimous con- The House has passed the reauthor- long for the law enforcement commu- sent over that Senator’s objection. ization of that bill. All it takes is for nity to be able to identify the perpetra- What we can pass is the Debbie Smith the majority leader and the Senate to tors and get these folks off the street. Act, which is a piece of this. There is consent to take up that bill today and Mr. REID. The bill that 55 Senators no objection to that, that I know of. pass it to get it to the President’s desk. have cleared over here is a bill to pro- Then we could get this rape kit issue I think that, perhaps, is the most im- tect crime victims’ rights, to eliminate addressed today, while we take up the portant and most urgent thing we the substantial backlog of DNA sam- concerns of the absent Senator, who is could be doing right now. So I ask the ples collected from crime scenes and necessarily not here because of medical majority leader if he would consent to convicted offenders, to improve and ex- issues, when he returns and when the taking up that bill and passing it in pand the DNA testing capacity of Fed- Senate returns. the Senate right now. eral, State, and local crime labora- So I would reiterate my unanimous Mr. REID. Mr. President, the com- tories, to increase research and devel- consent request that the Senate take mittee, of which I am almost certain opment of new DNA testing tech- up and pass by unanimous consent the my friend is a member—the Judiciary nologies, to develop new training pro- House-passed Debbie Smith Act. Committee; is that right? grams regarding the collection and use Mr. REID. Mr. President, reserving Mr. CORNYN. I am on the Judiciary of DNA evidence, to provide the right to object, more diversion and Committee. postconviction testing of DNA evidence delay. The Judiciary Committee took Mr. REID. He is also a former su- to exonerate the innocent, to improve what the House did, reviewed it, and preme court justice of Texas. the performance of counsel in State said: We can do better. They have reported the bill out of the capital cases, and for other purposes. It is here on the floor right now. Now Judiciary Committee, and my friend We will pass that right now. We are they are saying: Even though the Judi- was part of that reporting situation. happy to do it. ciary Committee did it—and we are Part of what they reported out has the Mr. CORNYN. Mr. President, if I may being told all the time to let the com- Debbie Smith language in it, but it has respond to the majority leader, the bill mittees do their work—we don’t like more stuff in it than just that. So I he is referring to is the Justice for All what they did. Let them do something would be happy to take a look at that. Act, which I support. But there has else. We can talk to the chair of the com- been some reason why that bill has not The Debbie Smith Act is important, mittee and the ranking member, who is come to the floor and received floor but the Justice for All Act is a lot bet- on the floor here today, and if they time. I am worried that if we wait to ter than that. Why don’t we approve would be willing to separate this stuff pass that, we will delay the passage of that? here and have it rather than what was the Debbie Smith Act, which is a com- The PRESIDING OFFICER. Is there reported out of the committee—they ponent of that act, which we could objection? can take a look at this. Senator LEAHY take up, having passed the House, and Mr. REID. Yes, I object. was on the floor. He is not here now, we could take that up today and then The PRESIDING OFFICER. Objec- but I would be happy to take a look at deal with the Justice for All Act in due tion is heard. that. course. Mr. CORNYN. Mr. President, the ma- Mr. CORNYN. Mr. President, if I may So I ask the majority leader if he jority leader thinks this is a zero sum ask one more question of the majority would grant unanimous consent to game. This could be a win-win. Debbie leader, one final question. take up and pass the House-passed re- Smith, whom I have met and I daresay Mr. REID. I am sorry, I didn’t hear authorization of the Debbie Smith Act, virtually every Member of this body that. and I ask unanimous consent to that knows, is a passionate advocate for Mr. CORNYN. Will the majority lead- effect. this cause, hence the naming of this er yield for one last question? The PRESIDING OFFICER. The ma- statute, this law, on her behalf. She Mr. REID. Yes. But before doing that, jority leader. recognized that these unprocessed rape I have just been informed that this bill Mr. REID. This is what we deal with kits are a national scandal and that that was reported out of the committee here. We have a piece of legislation people like her who had been victims of on which the senior Senator from that has been reported out of the com- sexual assault needed help from the Texas serves—we have cleared it on our mittee. It has been cleared by the Federal Government to help provide side. If they want to clear it today, we Democrats here in the Senate, and the funds to local law enforcement agen- will get this out today. All they have Republicans are now saying: Well, we cies to test and process these kits so as

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2359 to identify the perpetrators and get time and passed, with no intervening agencies accountable for the completeness them off the street. action or debate. and accuracy of the data submitted; and So what Debbie Smith has asked me The PRESIDING OFFICER. Without (5) apply approaches developed by the Re- and I daresay the majority leader and objection, it is so ordered. covery Accountability and Transparency Board to spending across the Federal Gov- all of us to do is to take up this piece The amendment (No. 2970) in the na- ernment. of the bill. We can do that, and I think ture of a substitute was agreed to. we will have done a good thing today. (The amendment is printed in the SEC. 3. AMENDMENTS TO THE FEDERAL FUND- If we can’t take up the Justice for All RECORD of Wednesday, April 9, 2014, ING ACCOUNTABILITY AND TRANS- PARENCY ACT OF 2006. Act because of other concerns people under ‘‘Text of Amendments.’’) have—this shouldn’t be a zero sum The amendment (No. 2971) was agreed The Federal Funding Accountability and game. We could pass the Debbie Smith to, as follows: Transparency Act of 2006 (31 U.S.C. 6101 note) Act today, and then we could take up (Purpose: To allow the Secretary of Defense is amended— to request an extension to report financial the Justice for All Act when we return (1) in section 2— and payment information data) (A) in subsection (a)— following the recess. It doesn’t have to On page 9, strike lines 17 through 21 and in- (i) in the matter preceding paragraph (1), be a zero sum game. sert the following: by striking ‘‘this section’’ and inserting The PRESIDING OFFICER. The ma- ‘‘(2) AGENCIES.— ‘‘this Act’’; jority leader. ‘‘(A) IN GENERAL.—Except as provided in (ii) by redesignating paragraphs (1), (2), Mr. REID. This has been cleared on subparagraph (B), not later than 2 years and (3) as paragraphs (2), (4), and (7), respec- this side for more than 2 weeks—more after the date on which the guidance under tively; than 2 weeks. This is what is going on paragraph (1) is issued, each Federal agency (iii) by inserting before paragraph (2), as so in the Senate. The Republicans basi- shall report financial and payment informa- redesignated, the following: cally oppose everything. That is what tion data in accordance with the data stand- ‘‘(1) DIRECTOR.—The term ‘Director’ means ards established under subsection (a). the Director of the Office of Management they decided they were going to do, and ‘‘(B) NONINTERFERENCE WITH AUDITABILITY and Budget.’’; they do it. And they come back and OF DEPARTMENT OF DEFENSE FINANCIAL STATE- (iv) by inserting after paragraph (2), as so say: We reported this out of the com- MENTS.— redesignated, the following: mittee. ‘‘(i) IN GENERAL.—Upon request by the Sec- ‘‘(3) FEDERAL AGENCY.—The term ‘Federal I read what is in it. It is a very good retary of Defense, the Director may grant an agency’ has the meaning given the term ‘Ex- piece of legislation. But they said: We extension of the deadline under subpara- ecutive agency’ under section 105 of title 5, don’t like that. Let’s forget about the graph (A) to the Department of Defense for a .’’; committee process and do something period of not more than 6 months to report (v) by inserting after paragraph (4), as so financial and payment information data in with what the House did. redesignated, the following: accordance with the data standards estab- ‘‘(5) OBJECT CLASS.—The term ‘object class’ We have a committee structure here lished under subsection (a). means the category assigned for purposes of that I have tried to follow. I admire the ‘‘(ii) LIMITATION.—The Director may not the annual budget of the President sub- work done by Senator LEAHY. He led grant more than 3 extensions to the Sec- mitted under section 1105(a) of title 31, this piece of legislation out of his com- retary of Defense under clause (i). United States Code, to the type of property mittee. I accept it and I approve it, as ‘‘(iii) NOTIFICATION.—The Director of the or services purchased by the Federal Govern- do all other 54 Democratic Senators. Office of Management and Budget shall no- ment. The PRESIDING OFFICER. The Sen- tify the Committee on Homeland Security ‘‘(6) PROGRAM ACTIVITY.—The term ‘pro- and Governmental Affairs and the Com- ator from Virginia. gram activity’ has the meaning given that mittee on Armed Services of the Senate and term under section 1115(h) of title 31, United Mr. WARNER. Mr. President, I ask the Committee on Oversight and Govern- States Code.’’; and unanimous consent to speak for up to ment Reform and the Committee on Armed (vi) by adding at the end the following: 15 minutes. Services of the House of Representatives of— ‘‘(8) SECRETARY.—The term ‘Secretary’ The PRESIDING OFFICER. Without ‘‘(I) each grant of an extension under means the Secretary of the Treasury.’’; objection, it is so ordered. clause (i); and (B) in subsection (b)— ‘‘(II) the reasons for granting such an ex- (i) in paragraph (3), by striking ‘‘of the Of- f tension. fice of Management and Budget’’; and DIGITAL ACCOUNTABILITY AND The bill (S. 994), as amended, was or- (ii) in paragraph (4), by striking ‘‘of the Of- TRANSPARENCY ACT OF 2013 dered to be engrossed for a third read- fice of Management and Budget’’; ing, was read the third time, and (C) in subsection (c)— Mr. WARNER. Mr. President, I origi- (i) in paragraph (4), by striking ‘‘and’’ at nally was going to engage in a colloquy passed, as follows: the end; with Senator PORTMAN on a very im- S. 994 (ii) in paragraph (5), by striking the period portant piece of legislation that we, Be it enacted by the Senate and House of Rep- at the end and inserting a semicolon; and Senator COBURN, and Senator CARPER, resentatives of the United States of America in (iii) by adding at the end the following: were working on for 2 years, and he Congress assembled, ‘‘(6) shall have the ability to aggregate will come back. SECTION 1. SHORT TITLE. data for the categories described in para- I ask unanimous consent that the This Act may be cited as the ‘‘Digital Ac- graphs (1) through (5) without double-count- countability and Transparency Act of 2014’’ ing data; and Senate proceed to the consideration of or the ‘‘DATA Act’’. ‘‘(7) shall ensure that all information pub- Calendar No. 337, S. 994. SEC. 2. PURPOSES. lished under this section is available— The PRESIDING OFFICER. The The purposes of this Act are to— ‘‘(A) in machine-readable and open for- clerk will report the bill by title. (1) expand the Federal Funding Account- mats; The assistant bill clerk read as fol- ability and Transparency Act of 2006 (31 ‘‘(B) to be downloaded in bulk; and lows: U.S.C. 6101 note) by disclosing direct Federal ‘‘(C) to the extent practicable, for auto- A bill (S. 994) to expand the Federal Fund- agency expenditures and linking Federal mated processing.’’; ing Accountability and Transparency Act of contract, loan, and grant spending informa- (D) in subsection (d)— 2006 to increase accountability and trans- tion to programs of Federal agencies to en- (i) in paragraph (1)(A), by striking ‘‘of the parency in Federal spending, and for other able taxpayers and policy makers to track Office of Management and Budget’’; purposes. Federal spending more effectively; (ii) in paragraph (2)— (2) establish Government-wide data stand- (I) in subparagraph (A), by striking ‘‘of the There being no objection, the Senate ards for financial data and provide con- Office of Management and Budget’’; and proceeded to consider the bill. sistent, reliable, and searchable Govern- (II) in subparagraph (B), by striking ‘‘of Mr. WARNER. Mr. President, I ask ment-wide spending data that is displayed the Office of Management and Budget’’; unanimous consent that the com- accurately for taxpayers and policy makers (E) in subsection (e), by striking ‘‘of the mittee-reported substitute amendment on USASpending.gov (or a successor system Office of Management and Budget’’; and be withdrawn; the Carper substitute that displays the data); (F) in subsection (g)— amendment, which is at the desk, be (3) simplify reporting for entities receiving (i) in paragraph (1), by striking ‘‘of the Of- Federal funds by streamlining reporting re- fice of Management and Budget’’; and considered; the Carper amendment at quirements and reducing compliance costs (ii) in paragraph (3), by striking ‘‘of the Of- the desk be agreed to; the Carper sub- while improving transparency; fice of Management and Budget’’; and stitute, as amended, be agreed to; and (4) improve the quality of data submitted (2) by striking sections 3 and 4 and insert- the bill, as amended, be read a third to USASpending.gov by holding Federal ing the following:

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2360 CONGRESSIONAL RECORD — SENATE April 10, 2014 ‘‘SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS. guidance to Federal agencies on the data ‘‘(B) include a diverse group of recipients ‘‘(a) IN GENERAL.—Not later than 3 years standards established under subsection (a). of Federal awards; and after the date of enactment of the Digital ‘‘(2) AGENCIES.— ‘‘(C) to the extent practicable, include re- Accountability and Transparency Act of ‘‘(A) IN GENERAL.—Except as provided in cipients who receive Federal awards from 2014, and monthly when practicable but not subparagraph (B), not later than 2 years multiple programs across multiple agencies. less than quarterly thereafter, the Sec- after the date on which the guidance under ‘‘(3) DATA COLLECTION.—The pilot program retary, in consultation with the Director, paragraph (1) is issued, each Federal agency shall include data collected during a 12- shall ensure that the information in sub- shall report financial and payment informa- month reporting cycle. section (b) is posted on the website estab- tion data in accordance with the data stand- ‘‘(4) REPORTING AND EVALUATION REQUIRE- lished under section 2. ards established under subsection (a). MENTS.—Each recipient of a Federal award ‘‘(b) INFORMATION TO BE POSTED.—For any ‘‘(B) NONINTERFERENCE WITH AUDITABILITY participating in the pilot program shall sub- funds made available to or expended by a OF DEPARTMENT OF DEFENSE FINANCIAL STATE- mit to the Office of Management and Budget Federal agency or component of a Federal MENTS.— or the Federal agency designated under para- agency, the information to be posted shall ‘‘(i) IN GENERAL.—Upon request by the Sec- graph (1), as appropriate, any requested re- include— retary of Defense, the Director may grant an ports of the selected Federal awards. ‘‘(1) for each appropriations account, in- extension of the deadline under subpara- ‘‘(5) TERMINATION.—The pilot program cluding an expired or unexpired appropria- graph (A) to the Department of Defense for a shall terminate on the date that is 2 years tions account, the amount— period of not more than 6 months to report after the date on which the pilot program is ‘‘(A) of budget authority appropriated; financial and payment information data in established. ‘‘(B) that is obligated; accordance with the data standards estab- ‘‘(6) REPORT TO CONGRESS.—Not later than ‘‘(C) of unobligated balances; and lished under subsection (a). 90 days after the date on which the pilot pro- ‘‘(D) of any other budgetary resources; ‘‘(ii) LIMITATION.—The Director may not gram terminates under paragraph (5), the Di- ‘‘(2) from which accounts and in what grant more than 3 extensions to the Sec- rector shall submit to the Committee on amount— retary of Defense under clause (i). Homeland Security and Governmental Af- ‘‘(A) appropriations are obligated for each ‘‘(iii) NOTIFICATION.—The Director of the fairs and the Committee on the Budget of program activity; and Office of Management and Budget shall no- the Senate and the Committee on Oversight ‘‘(B) outlays are made for each program ac- tify the Committee on Homeland Security and Government Reform and the Committee tivity; and Governmental Affairs and the Com- on the Budget of the House of Representa- ‘‘(3) from which accounts and in what mittee on Armed Services of the Senate and tives a report on the pilot program, which amount— the Committee on Oversight and Govern- shall include— ‘‘(A) appropriations are obligated for each ment Reform and the Committee on Armed ‘‘(A) a description of the data collected object class; and Services of the House of Representatives of— under the pilot program, the usefulness of ‘‘(B) outlays are made for each object ‘‘(I) each grant of an extension under the data provided, and the cost to collect the class; and clause (i); and data from recipients; and ‘‘(4) for each program activity, the ‘‘(II) the reasons for granting such an ex- ‘‘(B) a discussion of any legislative action required and recommendations for— amount— tension. ‘‘(i) consolidating aspects of Federal finan- ‘‘(A) obligated for each object class; and ‘‘(3) WEBSITE.—Not later than 3 years after cial reporting to reduce the costs to recipi- ‘‘(B) of outlays made for each object class. the date on which the guidance under para- ents of Federal awards; graph (1) is issued, the Director and the Sec- ‘‘SEC. 4. DATA STANDARDS. ‘‘(ii) automating aspects of Federal finan- retary shall ensure that the data standards ‘‘(a) IN GENERAL.— cial reporting to increase efficiency and re- established under subsection (a) are applied ‘‘(1) ESTABLISHMENT OF STANDARDS.—The duce the costs to recipients of Federal to the data made available on the website es- Secretary and the Director, in consultation awards; tablished under section 2. with the heads of Federal agencies, shall es- ‘‘(iii) simplifying the reporting require- tablish Government-wide financial data ‘‘(d) CONSULTATION.—The Director and the ments for recipients of Federal awards; and standards for any Federal funds made avail- Secretary shall consult with public and pri- ‘‘(iv) improving financial transparency. vate stakeholders in establishing data stand- able to or expended by Federal agencies and ‘‘(7) GOVERNMENT-WIDE IMPLEMENTATION.— entities receiving Federal funds. ards under this section. Not later than 1 year after the date on which ‘‘(2) DATA ELEMENTS.—The financial data ‘‘SEC. 5. SIMPLIFYING FEDERAL AWARD REPORT- the Director submits the report under para- standards established under paragraph (1) ING. graph (6), the Director shall issue guidance shall include common data elements for fi- ‘‘(a) IN GENERAL.—The Director, in con- to the heads of Federal agencies as to how nancial and payment information required to sultation with relevant Federal agencies, re- the Government-wide financial data stand- be reported by Federal agencies and entities cipients of Federal awards, including State ards established under section 4(a) shall be receiving Federal funds. and local governments, and institutions of applied to the information required to be re- ‘‘(b) REQUIREMENTS.—The data standards higher education (as defined in section 102 of ported by entities receiving Federal awards established under subsection (a) shall, to the the Higher Education Act of 1965 (20 U.S.C. to— extent reasonable and practicable— 1002)), shall review the information required ‘‘(A) reduce the burden of complying with ‘‘(1) incorporate widely accepted common to be reported by recipients of Federal reporting requirements; and data elements, such as those developed and awards to identify— ‘‘(B) simplify the reporting process, includ- maintained by— ‘‘(1) common reporting elements across the ing by reducing duplicative reports. ‘‘(A) an international voluntary consensus Federal Government; ‘‘SEC. 6. ACCOUNTABILITY FOR FEDERAL FUND- standards body; ‘‘(2) unnecessary duplication in financial ING. ‘‘(B) Federal agencies with authority over reporting; and ‘‘(a) INSPECTOR GENERAL REPORTS.— contracting and financial assistance; and ‘‘(3) unnecessarily burdensome reporting ‘‘(1) IN GENERAL.—In accordance with para- ‘‘(C) accounting standards organizations; requirements for recipients of Federal graph (2), the Inspector General of each Fed- ‘‘(2) incorporate a widely accepted, non- awards. eral agency, in consultation with the Comp- proprietary, searchable, platform-inde- ‘‘(b) PILOT PROGRAM.— troller General of the United States, shall— pendent computer-readable format; ‘‘(1) ESTABLISHMENT.—Not later than 1 year ‘‘(A) review a statistically valid sampling ‘‘(3) include unique identifiers for Federal after the date of enactment of the Digital of the spending data submitted under this awards and entities receiving Federal awards Accountability and Transparency Act of Act by the Federal agency; and that can be consistently applied Govern- 2014, the Director, or a Federal agency des- ‘‘(B) submit to Congress and make pub- ment-wide; ignated by the Director, shall establish a lically available a report assessing the com- ‘‘(4) be consistent with and implement ap- pilot program (in this section referred to as pleteness, timeliness, quality, and accuracy plicable accounting principles; the ‘pilot program’) with the participation of of the data sampled and the implementation ‘‘(5) be capable of being continually up- appropriate Federal agencies to facilitate and use of data standards by the Federal graded as necessary; the development of recommendations for— agency. ‘‘(6) produce consistent and comparable ‘‘(A) standardized reporting elements ‘‘(2) DEADLINES.— data, including across program activities; across the Federal Government; ‘‘(A) FIRST REPORT.—Not later than 18 and ‘‘(B) the elimination of unnecessary dupli- months after the date on which the Director ‘‘(7) establish a standard method of con- cation in financial reporting; and and the Secretary issue guidance to Federal veying the reporting period, reporting enti- ‘‘(C) the reduction of compliance costs for agencies under section 4(c)(1), the Inspector ty, unit of measure, and other associated at- recipients of Federal awards. General of each Federal agency shall submit tributes. ‘‘(2) REQUIREMENTS.—The pilot program and make publically available a report as de- ‘‘(c) DEADLINES.— shall— scribed in paragraph (1). ‘‘(1) GUIDANCE.—Not later than 1 year after ‘‘(A) include a combination of Federal con- ‘‘(B) SUBSEQUENT REPORTS.—On the same the date of enactment of the Digital Ac- tracts, grants, and subawards, the aggregate date as the Inspector General of each Federal countability and Transparency Act of 2014, value of which is not less than $1,000,000,000 agency submits the second and fourth re- the Director and the Secretary shall issue and not more than $2,000,000,000; ports under sections 3521(f) and 9105(a)(3) of

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2361 title 31, United States Code, that are sub- monly known as the ‘Privacy Act of 1974’), or so that policymakers and the public mitted after the report under subparagraph section 6103 of the Internal Revenue Code of can track the full cycle of Federal (A), the Inspector General shall submit and 1986. spending. In a word, the public should make publically available a report as de- ‘‘SEC. 8. NO PRIVATE RIGHT OF ACTION. be able to ‘‘Wikipedia’’ where and how scribed in paragraph (1). The report sub- ‘‘Nothing in this Act shall be construed to mitted under this subparagraph may be sub- the Federal Government spends its create a private right of action for enforce- money, and quite honestly, that is mitted as a part of the report submitted ment of any provision of this Act.’’. under section 3521(f) or 9105(a)(3) of title 31, what the DATA Act will do. SEC. 4. EXECUTIVE AGENCY ACCOUNTING AND United States Code. OTHER FINANCIAL MANAGEMENT The DATA Act will make four impor- ‘‘(b) COMPTROLLER GENERAL REPORTS.— REPORTS AND PLANS. tant improvements that I want to ‘‘(1) IN GENERAL.—In accordance with para- Section 3512(a)(1) of title 31, United States quickly highlight. graph (2) and after a review of the reports Code, is amended by inserting ‘‘and make First, it creates transparency for all submitted under subsection (a), the Comp- available on the website described under sec- troller General of the United States shall Federal funds. The DATA Act will ex- tion 1122’’ after ‘‘appropriate committees of submit to Congress and make publically pand the current site of Congress’’. available a report assessing and comparing usaspending.gov to include spending the data completeness, timeliness, quality, SEC. 5. DEBT COLLECTION IMPROVEMENT. data for all Federal funds by appropria- and accuracy of the data submitted under Section 3716(c)(6) of title 31, United States tion, Federal agency, program, func- this Act by Federal agencies and the imple- Code, is amended— tion, as well as maintain the current (1) by inserting ‘‘(A)’’ before ‘‘Any Federal mentation and use of data standards by Fed- reporting for Federal awards like con- eral agencies. agency’’; tracts, grants, and loans. ‘‘(2) DEADLINES.—Not later than 30 months (2) in subparagraph (A), as so designated, after the date on which the Director and the by striking ‘‘180 days’’ and inserting ‘‘120 Second—and this is a giant step for- Secretary issue guidance to Federal agencies days’’; and ward; we are not going to get all the under section 4(c)(1), and every 2 years there- (3) by adding at the end the following: way there—we are starting down this after until the date that is 4 years after the ‘‘(B) The Secretary of the Treasury shall path of setting government-wide finan- date on which the first report is submitted notify Congress of any instance in which an cial data standards. We closely mon- under this subsection, the Comptroller Gen- agency fails to notify the Secretary as re- itored the efforts to increase trans- quired under subparagraph (A).’’. eral of the United States shall submit and parency for the Recovery Act funds a make publically available a report as de- Mr. WARNER. Mr. President, after few years back, and one reason—even scribed in paragraph (1). the last exchange, I would point out ‘‘(c) RECOVERY ACCOUNTABILITY AND TRANS- for folks who did not like the Recovery PARENCY BOARD DATA ANALYSIS CENTER.— that the Senate now has acted on a Act—that oversight was successful is ‘‘(1) IN GENERAL.—The Secretary may es- very important piece of legislation because they had consistent standards tablish a data analysis center or expand an that has been 2 years in the works, for reporting the data. Our taxpayers existing service to provide data, analytic that actually does reflect the ability were able to see where the funds and tools, and data management techniques to for us to come together in a bipartisan support— projects were located in their commu- consensus. So I rise today to discuss nities. ‘‘(A) the prevention and reduction of im- the Digital Accountability and Trans- proper payments by Federal agencies; and So the DATA Act requires the De- ‘‘(B) improving efficiency and trans- parency Act—or DATA Act—an impor- partment of the Treasury to establish parency in Federal spending. tant bill that makes sure taxpayers government-wide financial data stand- ‘‘(2) DATA AVAILABILITY.—The Secretary and policymakers can track every dol- ards for Federal agencies so that every shall enter into memoranda of understanding lar the Federal Government spends. term reported is consistent across the with Federal agencies, including Inspectors It is pretty unbelievable that in this Federal Government. This should General and Federal law enforcement agen- day and age, we don’t have an easily clearly improve the quality of data. cies— accessible Web site for tracking every Too often we see an item appear in ‘‘(A) under which the Secretary may pro- Federal tax dollar. Believe it or not, we vide data from the data analysis center for— one area as a grant and in another area ‘‘(i) the purposes set forth under paragraph do not. Instead, we have an incomplete as an expenditure. Trying to sort (1); and thoroughly confusing structure of through what’s what is virtually im- ‘‘(ii) the identification, prevention, and re- financial reporting which most people possible. This part of the DATA Act duction of waste, fraud, and abuse relating can’t understand. will help clear that up. to Federal spending; and I have served in business. I have Third, so we do not simply layer on ‘‘(iii) use in the conduct of criminal and served as Governor of the Common- additional reporting requirements other investigations; and wealth of Virginia. So I have done busi- without greater accountability, it ac- ‘‘(B) which may require the Federal agen- ness accounting and State government cy, Inspector General, or Federal law en- tually reduces recipient reporting re- forcement agency to provide reimbursement accounting. There is nothing like Fed- quirements. The DATA Act requires to the Secretary for the reasonable cost of eral Government accounting and the OMB to review the established report- carrying out the agreement. lack of standards and transparency. ing requirements for contracts, grants, ‘‘(3) TRANSFER.—Upon the establishment of Our taxpayers deserve to know where and loans to reduce compliance costs a data analysis center or the expansion of a their money goes, and it is our obliga- based on these new financial data service under paragraph (1), and on or before tion to share that information in a standards. the date on which the Recovery Account- clear and direct way. Today, Senator I have long been concerned—and I ability and Transparency Board terminates, PORTMAN and I, originally, along with and in addition to any other transfer that know many of my colleagues on both the Director determines is necessary under Senator COBURN and Senator CARPER, side of the aisle—about the compliance section 1531 of title 31, United States Code, rise—and now that the Senate has costs for recipients of Federal funds. there are transferred to the Department of acted, we are actually taking a giant Too often a grantee has to report not the Treasury all assets identified by the Sec- step to correct that problem and to once or twice but sometimes up to a retary that support the operations and ac- make sure taxpayers actually get the half dozen times the exact same infor- tivities of the Recovery Operations Center of transparency they deserve. mation. We have seen this in Virginia the Recovery Accountability and Trans- Since the Federal Government spends with many of our universities, such as parency Board relating to the detection of more than $3.7 trillion each year, with waste, fraud, and abuse in the use of Federal UVA, where they actually have to re- funds that are in existence on the day before more than $1 trillion in awards, accu- port multiple times the same informa- the transfer. rately tracking these funds in a con- tion to multiple agencies. ‘‘SEC. 7. CLASSIFIED AND PROTECTED INFORMA- sistent way can definitely be a big job. If all this redundancy were stream- TION. But the data collected by the budget lined, recipients such as the University ‘‘Nothing in this Act shall require the dis- shops, the accountants, the procure- of Virginia or the University of Ten- closure to the public of— ment officers, the grant makers should nessee could actually direct more ‘‘(1) information that would be exempt be combined and reconciled and then from disclosure under section 552 of title 5, money to programs and less to admin- United States Code (commonly known as the presented in a relevant, user-friendly, istrative costs. ‘Freedom of Information Act’); or and transparent way. The various sys- Fourth, it improves data quality. ‘‘(2) information protected under section tems should be able to work together Under the DATA Act, the inspectors 552a of title 5, United States Code (com- based on consistent financial standards general at each agency will be required

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2362 CONGRESSIONAL RECORD — SENATE April 10, 2014 to provide a report every 2 years on the So while we may not have resolved Such a scheme has nothing to do with edu- quality and accuracy of the financial all the issues of the day, today the Sen- cation, the purpose for which colleges and data provided to usaspending.gov. The ate acted in a unanimous, bipartisan universities exist. Scholarship athletes are already paid in the most meaningful way GAO will create a government-wide re- way to actually provide better value possible: with a free education. The idea of port on data quality and accuracy. Too for taxpayers, more transparency, and intercollegiate athletics is that the teams often the data that is reported at this less bureaucracy. I would say for a represent their institutions as true members point does not meet appropriate stand- Thursday afternoon—with all the other of the student body, not as hired hands. ards. discussion going on—work well done. Surely American higher education has the We must have a reliable system in With that, I yield the floor. ability to devise a better solution to the problems of intercollegiate athletics than place to track Federal funds and com- f pare spending across Federal agencies making professionals out of the players, NOMINATION OF MICHELLE T. which is no solution at all but rather an un- to get the best value for taxpayers and acceptable surrender to despair. reduce duplication. FRIEDLAND TO BE UNITED In fact, in the GAO’s annual report STATES CIRCUIT JUDGE FOR This was the Knight Commission 25 years ago. on duplication released this week, it THE NINTH CIRCUIT—Continued I would ask the Senator from North highlighted the need for better data The PRESIDING OFFICER. The Sen- Carolina, does he not think that while ator from Tennessee. and specifically called out the limita- there may be some issues with inter- tions. GAO described a ‘‘lack of reliable Mr. ALEXANDER. Mr. President, I ask unanimous consent that the Sen- collegiate athletics—and we could talk budget and performance information about what some of those are—that ator from North Carolina and I be al- and a comprehensive list of federal pro- unionization of intercollegiate ath- lowed to engage in a colloquy for 20 grams’’ as one of the biggest challenges letics is not the solution to the prob- minutes, and following that the Sen- in addressing duplication. lem? I know many of the Members, when I ator from Iowa be recognized. Mr. BURR. Let me say to my good The PRESIDING OFFICER. Without started talking about data standards friend, the Senator from Tennessee— objection, it is so ordered. and better accountability, headed for who not only was a walk-on track the exists. I recognize this is not a STUDENT ATHLETES member at Vanderbilt, but was the topic that necessarily excites folks. Mr. ALEXANDER. Mr. President, the president of the University of Ten- But I see my colleague, the Senator Senator from North Carolina and I nessee, the Governor of Tennessee, the from Tennessee, on the floor—a former were both involved in intercollegiate Secretary of Education, and now is a Governor, as was I. If we are going to athletics. He was a scholarship athlete Senator—his credentials allow him to get better value for our taxpayers, we at Wake Forest University and I was a say whatever he wants to on this issue have to start with good data, we have nonscholarship track person at Vander- with a degree of knowledge. to start with a better ability to mon- bilt University several years before It was Teddy Roosevelt who identi- itor that data and follow it. that. fied the challenge of college football, In a world where people can Google We are here today to make a few and through his attempt to get Har- all kinds of information, we ought to comments on the recent ruling by a re- vard and Yale and a couple of other be able to follow the money in terms of gional director of the National Labor universities to address the risk, the where our taxpayer dollars head. We Relations Board that defines student NCAA was created. ought to make sure the recipients of athletes as employees of the univer- The amazing thing to Senator ALEX- those taxpayer grants can report that sity. It affects only private universities ANDER and myself is that we have this information in a single, consistent, and for now—not the University of Ten- governing body today that by all prac- clear way. Policymakers and taxpayers nessee. But it would affect Wake For- tical observations has done a great job should be able to assess the value of est, where the Senator from North of regulating college sports. It is the the dollars we invest in these pro- Carolina was an outstanding football reason we have fabulous playoffs. It is grams. player, and it would affect Vanderbilt, the reason we have integrity in the This has been a long and winding where I attended. scholarship system. But, more impor- path. As a relatively new Member of I guess our message to the NCAA and tantly, it is the reason we have top- the Senate—and I hear some of the de- intercollegiate athletes is: We hope quality athletes who go into these bates about some of the old days in the they will understand the opinion of one schools, where less than 1 percent be- Senate—I am not sure I was here in the regional director of the National Labor come pros. Ninety-nine percent of them old days. But this is a case where, after Relations Board is not the opinion of are reliant on a great education for a a 2-year period, working with Members the entire Federal Government. That is fabulous outcome in life. To do any- of the House—Chairman ISSA and the message I would like to deliver. thing that changes the balance of what Ranking Member CUMMINGS in the I would refer back—and then I will go they have been able to create is ludi- House—and working in the Senate with to the Senator from North Carolina—to crous and I think what troubles me, Senator CARPER and Senator COBURN— 25 years ago, when I was the president and I think it troubles Senator ALEX- Senator COBURN who is out today for of the University of Tennessee, and I ANDER. health reasons—and my colleague who was asked to serve on the Knight Com- These are not some misguided college joined with me in pushing this bill mission on Intercollegiate Athletics. It football players. This is the United from day one, Senator PORTMAN—who, was headed by the president of North Steelworkers. Let me say that again if time allows, will get back from a Carolina, Bill Friday, and the head of because I do not think people under- speech to add his comments as well—I Notre Dame, Father Hesburgh—a pret- stand it. This is the United Steel- would like to thank these Members. ty distinguished group of individuals workers who have put up the money so I would also like to thank all of the from around the country—to take a that these players from Northwestern Senate cosponsors for their support of look at intercollegiate athletics. would go to the NLRB and say: We the DATA Act, including members of The major conclusion they came to want to unionize at Northwestern Uni- our Budget Committee, the Govern- was that presidents need to assert versity. Well, on the face of it, it cre- ment Performance Task Force that I more institutional control over ath- ates a great inequity between public chair. letics. But here is something that this and private schools, where we have a I would like to thank in particular group of university presidents and oth- governing body that tries to make this Senators COONS, WHITEHOUSE, AYOTTE, ers emphasized. They said: process as equitable as it can. JOHNSON, and our Budget Committee We reject the argument that the only real- But let me make this point: If you Chairman PATTY MURRAY, and my istic solution to the problem [of intercolle- want to drive the rest of the schools staff, Amy Edwards, and all the others giate athletics]— out of major sports, then do this. Only who have been relentless on working And there have always been some— 10 percent of our Nation’s athletic pro- this through with other committees is to drop the student-athlete concept, put grams make money. That means 90 per- and the administration to make sure athletes on the payroll, and reduce or even cent of them lose in the athletic de- we got this bill done. eliminate their responsibilities as students. partment. But for the quality of life of

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2363 all students, not just athletes, they Mr. BURR. Well, let me say to my Mr. BURR. Let me say to my good continue and their alumni continue to good friend from Tennessee, I will friend, as one who remembers August subsidize it. quote the words of Wake Forest Presi- practices in the South—hottest time of I agree with my good friend from dent Nathan Hatch, a former provost the year, three practices a day—the Tennessee. This would be a huge mis- at Notre Dame, in an editorial he wrote first thing I would bargain out for all take, and it is time for those players at in the Wall Street Journal just this players is that I would have to get my Northwestern to think about more week. ankles taped at 4:30 in the morning, than those individuals who have front- He says: that I would have to go all day and ed them the money to bring this case. To call student-athletes employees is an most of the night, and that I could not Mr. ALEXANDER. I thank the Sen- affront to those players who are taking full take that tape off until 8:30 after three ator from North Carolina. advantage of the opportunity to get an edu- practices. The question should be obvious: What cation. Do we really want to signal to soci- I would negotiate away the smell of does a student at Wake Forest or Van- ety and high-school students that making dead grass in August, a memory every derbilt or—and we are using the pri- money is the reason to play a sport in col- college football player, as a matter of vate universities, again, because those lege, as opposed to getting an education that fact every football player, has of that are the only ones affected by this deci- will provide a lifetime benefit? dead grass in summer practice in hot sion for now—but if you are at Vander- President Patrick Harker, president weather. bilt University, according to the vice of the University of Delaware, in the I plead with those who play today: Do chancellor, the total scholarship could same article said: you truly believe you can form a team be nearly $60,000. That is the value Turning student athletes into salaried em- if in fact you have individuals who ne- each year of your athletic scholarship. ployees would endanger the existence of var- gotiate individual things for them- Times four—so you are up to one-quar- sity sports on many college campuses. Only selves? If quarterbacks negotiate they ter of a million dollars. about 10 percent of Division I college sports cannot be hit, how good is the club? The College Board says—roughly es- programs turn a profit, and most of them, But where is the team? If individuals timates—that a college degree adds $1 like our $28 million athletic program at the find that it is advantageous to them million to your earnings during a life- University of Delaware, lose money. Chang- ing scholarship dollars into salary would al- because they are stars and they can ne- time. most certainly increase the amount schools gotiate it, where have we lost the sense So the idea that student athletes do have to spend on sports, since earnings are of team sports? not get anything in return for their taxed and scholarships are not. In order just The Senator from Tennessee men- playing a sport is financially wrong. to match the value of a scholarship, the uni- tioned this to begin with: College And just speaking as one individual versity would have to spend more. sports is a lot about the experience. It who had the privilege to participate for At Wake Forest, let me say, today a builds character. It builds integrity. It 2 years as a student athlete without scholarship is worth $45,600 in tuition builds drive. It builds resilience. It is getting anything—I had scholarships, in fees, $15,152 in room and board, $1,100 not the only thing in life that does it, but they were not athletic scholar- in books. I will say to my good friend but to me, for many individuals, for ships—the discipline, the memories, from Tennessee, I am not sure if there many young men and women, this is the competition, the chance to be in is still $15 of laundry money a month the most effective way for them to be- the Southeastern Conference Tour- that exists under a scholarship. That is come leaders. I might say it is very nament—that is very important to me. what it was when I was there. I daresay much the style of our training in the It was then, just as athletics always is. I hope it is more than that today be- military. As we raise those young offi- It is a rare privilege to participate in cause I do not think you can do laun- cers, they go through a very regi- intercollegiate athletics. dry for $15 a month. mented training. The presidents have looked at the Mr. ALEXANDER. I wonder if I can Imagine what it would be like if we problems of intercollegiate athletics. ask the Senator to reflect a little bit allowed the military to collectively And there are some. But people for- on some of the practical consequences bargain. Let me tell you, none of us get—and I know the Senator from of a student athlete suddenly finding would feel safe at night because we North Carolina is aware of this. But himself thought of as an employee of don’t know exactly what they have let’s say you are at Vanderbilt and you the university. I wonder, for example, gone through. Today we feel safe be- have a $58,000 scholarship—tuition, would the employee of the university, cause we know they have all gone room and board but your total costs through the same thing. the quarterback or whatever position are over $60,000 and let’s say you come Mr. ALEXANDER. Mr. President, I he plays, have to pay taxes on his in- from a poor family that has no money think our time is coming toward a and you are put in the embarrassing come? I would think so. close, but we have about 5 minutes left. position of not having walking-around I was thinking about the recent Then we will be looking forward to the money, money to go out and get a changes in Federal labor law that allow comments of the Senator from Iowa. hamburger, or whatever you want to for micro-unions. Almost any little We thank him for his courtesy in al- do. group can petition the National Labor lowing us to go ahead. Forty percent of student athletes in Relations Board, under the Obama ad- I guess the message—I particularly America also have a Pell grant similar ministration’s views, to become a enjoyed hearing the Senator from to 40 percent of all students in America union. I wonder if quarterbacks would North Carolina. The message today is have a Pell grant, and the Pell grant become a micro-union. They would say: directed at two groups. One is to the can be, on average, $3,600. So that is We are more important. Look at the NCAA, which is to say, do not think $300 a month that could be added. NFL. They get paid a lot more. We that the attitude of one Regional Di- Now, perhaps there are other issues want a bigger scholarship than others. rector of the National Labor Relations that ought to be addressed. But I won- I wondered about five-star recruits. Board reflects the view of the U.S. Gov- der if the Senator from North Carolina Let’s say there is a terrific defensive ernment. It does not. The other is to would speak more about one thing he back—as I am sure Senator BURR was the student athletes. Think about the talked about. I imagine Florida State, when he was in high school. He had five value of the opportunity you have. the University of Tennessee, Stanford, stars from all the recruiting services. Here are two former student athletes maybe Wake Forest—they will all be Would the private schools who are of varying talents who benefited enor- fine with a more expensive athletic unionized go out and compete to see mously from that. There are many oth- program. But what is going to happen who could pay the highest compensa- ers who would say the same. The uni- to the smaller schools? What is going tion to the five-star recruits, a lot less versity does not owe us anything. We to happen to the minor sports? What is to the walk-on, maybe less for a three- owe the university—at least that is the going to happen to the title IX wom- star. What are the practical con- way I feel about it—for the privilege of en’s sports if for some reason a union sequences of a student athlete suddenly competing, for the privilege of attend- forces universities to have a much finding himself defined as an employee ing. If I had a scholarship, that would more expensive athletic program for a of the university under the National have been even better—just the privi- few sports? Labor Relations Act? lege of participating.

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2364 CONGRESSIONAL RECORD — SENATE April 10, 2014 To the NCAA, the members of the arship available for me. But I was for- letes. The number of scholarship ath- NCAA have talked about issues such as tunate enough to be a member of a letes at private institutions enrolled in should we provide more expense money record setting team. a bachelor’s program was 104,000, ap- for athletes. I mentioned earlier that 40 Twenty-five years ago, while I was proximately 4.2 percent of private stu- percent of them have Pell grants which president of the University of Ten- dents in bachelor’s programs. Of those, can go up to $5,600 a year in addition to nessee, I was asked to serve on the 43,700 received Pell Grants, approxi- their $55,000 or $60,000 of football schol- Knight Commission on Intercollegiate mately 42 percent of private scholar- arships. So think about that. That was Athletics. The Knight Commission was ship athletes. considered by the NCAA and voted created in October 1989 in response to a The total number of division I and II down because the small schools said: It series of scandals in college sports. schools is 662 of which 283 are private will hurt us. Women’s programs said: After 18 months of careful study, our institutions. In division I the total is We will have to drop women’s pro- 22-member commission issued a report 350 with 119 of them being private, grams. called ‘‘Keeping the Faith with the while the division II total is 312 with So this is more complicated than it Student-Athlete: A New Model for 164 private. would seem at first. What about health Intercollegiate Athletics.’’ Athletic scholarships are limited to care? Of course, a student athlete can Our central recommendation was only tuition and fees, room and board, be covered by his parents’ health care that college presidents needed to exer- and required course-related books. At insurance. Under the Affordable Care cise stronger control of their athletics Vanderbilt the total scholarship could Act, I am sure many on the other side programs to ensure their academic and be as much as $58,520 which is a com- would be quick to say, they would al- financial integrity. And our guiding bination of $42,768 for tuition, $14,382 ways be able to be insured for any sort principle in making that recommenda- for room and board, and $1,370 for of preexisting condition, but these are tion was that athletes are students books. At Stanford the total scholar- issues that can be properly looked at first, not professionals. We wrote: ship could be as much as $59,240 which by the NCAA. We reject the argument that the only real- is a combination of $44,184 for tuition, Unionization, in my opinion, would istic solution to the problem is to drop the $13,631 for room and board, and $1,425 destroy intercollegiate athletics as we student-athlete concept, put athletes on the for books. payroll, and reduce or even eliminate their Contrast that with the University of know it. I think we should look back to responsibilities as students. the opinion of the Knight Commission, Such a scheme has nothing to do with edu- Tennessee where the scholarship total headed by Bill Friday of North Caro- cation, the purpose for which colleges and could be up to $21,900 consisting of lina and Ted Hesburgh of Notre Dame, universities exist. Scholarship athletes are $11,194 for in-state tuition, $9,170 for and reaffirm that the student athlete is already paid in the most meaningful way room and board, and $1,536 for books. not a professional, not a hired hand. He possible: with a free education. The idea of Scholarship athletes may also com- or she is a student. One percent of the intercollegiate athletics is that the teams bine other sources of financial aid, represent their institutions as true members athletes in this country—there may be namely Federal or State need-based aid of the student body, not as hired hands. or earned entitlements, in order to problems to solve, but the universities Surely American higher education has the and the NCAA can address those prob- ability to devise a better solution to the cover the full cost of attendance. These lems. Unionization is not the way to do problems of intercollegiate athletics than include, Pell Grants, Supplemental it. making professionals out of the players, Education Opportunity Grants, work- Mr. BURR. I just wanted to address which is no solution at all but rather an un- study, State grants based on need using one last thing; that is, the claim that acceptable surrender to despair. Federal need calculations such as Ten- this case was all about health care. The The Knight Commission’s perspective nessee’s HOPE Scholarship and vet- Senator from Tennessee has pointed on student athletes could not be more erans programs such GI Bill or post out as well the options that we have different to the perspective in the re- 9/11 GI Bill. today. But let me speak from a first- cent decision, issued by a regional di- Athletic scholarships are awarded in hand experience: a college athlete, four rector of the National Labor Relations most cases by the athletic department operations—two knees, an elbow, a fin- Board in Chicago, to treat athletes as which encourages an athlete to com- ger. Probably the only record I hold at employees and permit them to form a plete the federal application. If an ath- Wake Forest is the total number of union. lete is determined to have a need, then inches of scars on my body. Because of Student athletes are found through- the financial aid office awards the modern medicine, that record will not out all levels and at all types of col- need-based aid, Federal, State, or both. be broken because they do not do sur- leges—small through large, but those A student athlete is restricted to the gery that way anymore. that receive athletic scholarships are institutional cost of attendance when But I think it is best summed up by only at division I and II schools. Divi- combining other aid with their scholar- our current Secretary of Education, sion III schools are not allowed to ship, unless they are using their Pell Arne Duncan, when he said this: award athletic scholarships. Grant or a veterans benefit. Thus a stu- When sports are done right, when priorities For the purposes of the NLRB deci- dent athlete with need could receive a are in order, there is no better place to teach sion, we are talking about an even full scholarship covering all costs and invaluable life lessons than on a playing smaller subset of athletes—scholarship receive additional funds. field or court. . . . Discipline, selflessness, athletes at private institutions like Only 1 percent of student athletes resilience, passion, courage, those are all on Notre Dame, Vanderbilt, and Stanford. will ever play professional sports. For display in the NCAA. For example, as a non-scholarship ath- the remainder, their college degree is Why would we do anything to risk lete at Vanderbilt, I would not have the primary benefit of participating in that? Not only do I believe this is been able to unionize. Senator BURR, college sports. According to the Col- risky, I think just a consideration of it on the other hand was given a scholar- lege Board, the value of a college de- is enough to make us—or should make ship to play defensive back at Wake gree is $1 million over an individual’s us reject this quickly, not embrace it. Forest. He would be allowed to lifetime. As a former student athlete, I thank my colleague from Ten- unionize. who wasn’t on scholarship, I can speak nessee. In 2011, there were roughly 25 million from experience that the value of col- Mr. ALEXANDER. I thank my col- undergraduate students; 9 million Pell lege athletics goes beyond the money. league from North Carolina. recipients, which is approximately 36 It can enrich every aspect of our edu- I thank the Senator from Iowa for his percent of undergraduate students. In cation, teaching lessons and developing courtesy in allowing us to go ahead. addition, there were 177,000 scholarship habits that will pay dividends no mat- Some 50 years ago, I had the oppor- athletes enrolled in bachelor programs ter what a student pursues in life. tunity to compete in track and field for at public and private institutions. This Unfortunately, the problems the Vanderbilt University. Unlike my col- is approximately 1.7 percent of all stu- Northwestern football players are con- league from North Carolina, who as a dents in bachelor’s programs. Of those, cerned with are not unique to North- fine defensive back at Wake Forest 71,000 received Pell Grants, approxi- western and they are not new. These University, there was no athletic schol- mately 40 percent of scholarship ath- problems include: the NCAA does not

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2365 currently allow a full-ride athletic cent decision, in essence, may require backers in another, etc. The university scholarship to cover the actual full the entire scholarship to be treated as would then have to separately bargain cost of attendance; Other expenses in- compensation thus making the whole with multiple different unions, all with clude: transportation costs; health amount taxable. different demands. fees; student activity and recreation Another consequence of potential Universities require its athletes to fees and personal expenses allowable collegiate unionization relates to maintain a 2.0 grade point average, under Federal financial aid rules. labor. One of the most commonly GPA, to keep an athletic scholarship. For example, a full-ride scholarship thought of traits when a union rep- Would the NLRA consider a minimum at Vanderbilt University is worth resents a workforce is the right to grade point average as a condition of $58,520 but the full cost of attendance is strike. Section 13 of the National employment under the law that must calculated by the school to be $62,320. Labor Relations Act, NLRA, expressly be bargained for? Schools and players’ The difference must be made up by the provides the right of employees to unions could bargain a lower GPA. student. strike, with some exceptions. If a What if a coach benches the star For some student athletes, the lin- unionized college baseball team doesn’t point guard, who is a union member, on gering effects and potential disabilities like the coaches’ decision to switch the basketball team, and replaced him will be felt for many years after their practice times, they could decide to with a non-scholarship, walk-on point playing days are over. Some students walk off the field right before the first guard? Could the team be accused of re- are asking for long term medical cov- pitch is thrown, and call a strike. taliating against a union player in vio- erage to help them cover costs of treat- The NLRA requires the union and lation of the NLRA? Under the NLRA ing these injuries. Schools could pro- employer to bargain over wages, hours, it is unlawful to discharge, discipline vide for some form of additional med- and other conditions of employment. If or otherwise discriminate against an ical coverage. a football team joins a union, will the employee for engaging in protected While playing sports has certain in- union negotiate different compensation concerted activities. If that star player herent risks, we do know more now amounts depending on the player’s po- could show that the benching came than ever before about how injuries can sition or contribution to the team? For after he had been discussing a team re- be avoided. Better protections from in- example, a five star quarterback in lated issue with his fellow teammates jury—football concerns with concus- high school could decide to attend it would be considered retaliation. The bottom line, is that importing sions. Schools can take, and some are Notre Dame, because the players’ the sometimes head-scratching rulings taking, steps to improve the safety of union promises to negotiate a larger of the NLRB into a competitive, team their student athletes. scholarship package for him, but the one star, offensive lineman may only atmosphere is recipe for disaster. Some students are asking for help to Do they now hire athletes and not get the bare minimum. This could lead finish their education even when ath- worry if they are students? Mark to a team and its union making value letic eligibility has run out. Emmert, NCAA President, said: There is money available to address judgments based on the on-field con- To unionize them, you have to say, These these concerns and take care of our tributions of a player. are employees. If you’re going to do that, it student athletes without unions. What about when a coach decides to completely changes the relationship. I don’t The NCAA and the member univer- change the offensive scheme from a know why you’d want them to be students. If sities do need to reform their rules and pro-style offense to the wish-bone. A they’re employees and they’re playing bas- guidance; and they will. union wide receiver might have a ketball for you, don’t let calculus get in the Earlier this week we spoke to David grievance because this could effect the way. Williams, Vanderbilt University’s ath- ‘‘condition of employment,’’ in that his Yesterday, the Senate voted against letic director, who had this to say: role on the team could be diminished. cloture on the Paycheck Fairness Act. The NCAA and its member universities Under the NLRA, a decision like that This is a bill that would amend the have the authority and the responsibility to would have to be bargained for. A Equal Pay Act to make it easier to sue correct the flaws that exist in the system coach could not unilaterally change for pay discrimination based on gender today, many of which are mentioned by the the playbook without approval of the by limiting an important employer de- student athletes at Northwestern University. union. fense. The question is do we have the will to do so. But let’s say that a wide receiver de- Under the bill, the employer would I believe we do and that we will. cides to go directly to the coach to dis- have to prove any difference in pay Mark Emmert the President of the cuss his grievance about switching of- would be job-related and consistent NCAA, quoted in a recent Meet the fensive schemes. Under the act, that with a business necessity; If these stu- Press interview said: conversation will not be a one-on-one dent athletes are now considered ‘‘em- We have twice now had the board of the between the coach and the player. In- ployees’’ under the eyes of a regional N.C.A.A. pass an allowance to allow schools stead, a union representative has the director in Chicago, they would theo- to provide a couple of thousand dollars in right to be present at that meeting. retically be entitled to protection what we call ‘‘miscellaneous expense’’ allow- And instead of resolving the issue in- under statutes like the Equal Pay Act; ances.... The board’s in favor of it. The ternally, the Federal government membership, the more than a thousand col- And if the Paycheck Fairness Act were leges and universities that are out there, the through the NLRB, or possibly the to become law, it is conceivable univer- 350 of them that are in division one had Federal courts could have the final say. sities could be liable for any dif- voted that down. We’re in the middle right The current NLRB has struck down ferences in compensation that they now of reconsidering all that. I have every several employee conduct policies and provide the football team, versus the reason that that’s going to be in place some- handbooks, because they violate an women’s soccer team; time this coming year. employee’s section 7 right to ‘‘con- Then there is the effect on smaller What would actually happen if col- certed activity’’ under the NLRA. Will schools. Big schools with big budgets lege sports teams were unionized? Well, the NLRB now turn its attention to may have the ability to negotiate with David Williams, Vanderbilt’s athletic and interfere with the player conduct a union for better benefits for their director, said: policies that schools require of their student athletes. If a football union at The decision by the NLRB regional board players? Notre Dame negotiates for higher com- has the power to change the structure, dy- The NLRB issued a 2011 decision in pensation that may set a standard the namics and maybe the effectiveness of col- Specialty Healthcare, that permitted school must match for other athletes lege athletics. It may ultimately end college unions to organize, multiple, small as well. I imagine that there is enough athletics as we know it today. groups of employees within a single money coming into the Notre Dame or I agree with this statement. And workplace, known as ‘‘micro-unions.’’ Stanford athletic departments to allow think those who support turning col- It is conceivable that every different them to adjust to the realities of lege athletes into employees and position on the football team could de- unionized college athletics. unionize them should consider the po- cide to have their own bargaining unit. But what about smaller schools? tential consequences. One potential The quarterbacks in one unit, the line- They will have to make cuts some- consequence relates to taxes. This re- man in another unit, and the line- where. If they preserve their football

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2366 CONGRESSIONAL RECORD — SENATE April 10, 2014 program, it will likely be at the cost of I emphasize that last part because sulted in over $40 billion in taxpayers’ other sports. there still needs to be a lot of work money being recovered for the Federal Another consideration that must be done to protect whistleblowers. The Treasury. We made sure when we taken into account are public univer- Whistleblower Protection Act was the passed it that it contained very strong sities versus private universities. Be- result of years of effort to protect Fed- whistleblower protections. Those provi- cause the NLRB regional director’s de- eral employees from retaliation. Elev- sions helped to build up support for cision only applies to private univer- en years before it became law in 1989, whistleblowing. sities, it creates a different set of rules Congress tried to protect whistle- People such as Chuck Spinney and for private universities than for public blowers as part of the Civil Service Re- Ernie Fitzgerald helped capture the universities. form Act of 1978. public imagination and showed what The private schools with athlete I was then in the House of Represent- whistleblowers could accomplish. unions may ultimately be forced to ne- atives. There I met a person named However, that didn’t mean the execu- gotiate salaries or other benefits that Ernie Fitzgerald, who had blown the tive branch stopped trying to silence violate NCAA rules; to continue com- whistle on the Lockheed C–5 aircraft whistleblowers. For example, in the peting, they would have to set up their program going $2.3 billion over budget. spring of 1987 the Department of De- own conference or association. The de- Ernie was fired by the Air Force for fense asked Ernie to sign a nondisclo- parture of schools from the NCAA to doing that, and as he used to say: He sure form. It would have prohibited this new, union friendly association, was fired for the act of ‘‘committing him from giving out classifiable—as would fracture the foundations of colle- truth.’’ opposed to classified—classifiable in- giate sports. When the Nixon tapes became public formation without prior written au- And what about possible title IX im- after Watergate, they revealed Presi- thorization. That, of course, would plications? As title IX was enforced re- dent Nixon personally telling his Chief have prevented those of us in Congress lated to college athletics, institutions of Staff to get rid of that SOB. That is from getting that information so we made difficult choices to eliminate how a famous whistleblower who point- couldn’t do our oversight work. many athletic programs. Title IX is fo- ed out the waste of $2.3 billion was Further, the term ‘‘classifiable’’ cused on improving equal access to treated. didn’t only cover currently classified education. If athletes are employees, The Civil Service Commission did not information, it also covered any infor- then it is unclear how the require- reinstate Ernie until 12 years later. In mation that could later be classified. ments and protections of title IX will the meantime, he was instrumental in The governmentwide nondisclosure apply to them. helping get the Civil Service Reform form arguably violated the Lloyd- Due to the current limited nature of Act of 1978 passed. Yet it soon became LaFollette Act of 1912. That law states the ruling, if football players’ com- very clear that law did not do enough that ‘‘the right of employees . . . to pensation are considered salaries and to protect whistleblowers. In the early furnish information to . . . Congress not scholarships, then would one of the 1980s, the percentage of employees who . . . may not be interfered with or de- possible effects be a reduction in the did not report government wrongdoing nied.’’ number of women’s scholarships that due to fear of retaliation nearly dou- Just to make sure, I added the so- title IX requires the university to bled. called anti-gag appropriations rider offer? Or would title IX require that Some whistleblowers still had the that passed Congress in December 1987. any new benefits received by a football courage to come forward. In the spring That rider, the anti-gag rider, said that team under their collective bargaining of 1983, I became aware of a document no money could be used to enforce any be shared equitably with the women’s in the Defense Department known as nondisclosure agreements that inter- sports at the university? the Spinney report. The report exposed feres with the right of individuals to With limited resources and title IX the unrealistic assumptions being used provide information to Congress. It re- requiring both proportional oppor- by the Pentagon in its defense budg- mained in every appropriations bill tunity for athletes and pay, the recent eting. Those unrealistic assumptions until 2013. I then worked to get that decision may result in further reduc- were the basis for add-ons later on so language into statute in 2012 through tions of athletic programs and opportu- defense contractors could bid up the the passage of the Whistleblower Pro- nities on college campuses. cost. It was written by Chuck Spinney, tection Enhancement Act. The Knight Commission’s executive a civilian analyst in the Defense De- By the time of the first anti-gag rider director, Amy Privette Perko, recently partment’s Program Evaluation Office. in 1987, there was widespread recogni- wrote in the New York Times that: I asked to meet with Chuck Spinney tion that all Federal employees ought The commission supports many of the ben- but was stonewalled by the Pentagon. to be protected if they disclosed waste efits being sought for college athletes by When I threatened a subpoena, we fi- and fraud to the Congress or for a lot of groups like the College Athletes Players As- nally got them to agree to a Friday other reasons as well. sociation, but unions are not needed to guar- afternoon hearing in March 1983. The Meanwhile, I had also worked with antee those benefits. Colleges can enact pro- Pentagon hoped the hearing would get Senator LEVIN of Michigan to coauthor posals long recommended by the commission buried in the end-of-the-week news what we called the Whistleblower Pro- for colleges to restore the educational role of cycle. Instead, on Monday morning the tection Act. It was introduced in Feb- athletics and improve athletes’ experiences. newsstands featured a painting of ruary 1987. There were hearings on our I continue to believe that athletes Chuck Spinney on the front cover of bill in the summer of 1987 and the are students first, not professionals. Time magazine. spring of 1988. It proceeded to pass the Some of the concerns raised by these It labeled him as ‘‘a Pentagon Mav- Senate by voice vote in August. Then college athletes are legitimate but erick.’’ I called him what he ought to the House unanimously did that in Oc- unions are not the solution. They can be called, the ‘‘conscience of the Pen- tober. After reconciling the differences, and should be addressed by the schools tagon.’’ The country owes a debt of we sent the bill to the White House. and the NCAA. gratitude to people such as Ernie Fitz- However, President Reagan failed to The PRESIDING OFFICER. The Sen- gerald and Chuck Spinney. It takes sign it. That meant we had to start all ator from Iowa. real guts to put your career on the over again in the next Congress. WHISTLEBLOWER PROTECTIONS line, to expose waste and fraud, and to We didn’t let President Reagan’s in- Mr. GRASSLEY. Mr. President, 25 put the taxpayers ahead of Washington action—because that was a pocket years ago today the Whistleblower Pro- bureaucrats. veto—stand in the way. Senator LEVIN tection Act of 1989 was signed into law. In the mid-1980s, we dusted off an old and I moved forward again. When we To mark that anniversary, I come to Civil War-era measure known as the reintroduced the bill in January 1989, I the floor to discuss some of the history False Claims Act, as a way to encour- came to the floor to make the fol- that led to that legislation, the lessons age whistleblowers to come forward lowing statement: learned over the past 25 years, and the and report fraud. We amended that We’re back with this legislation in the work that still needs to be done to pro- Civil War law in 1986 to create the mod- 101st Congress, and this time, we’re going to tect whistleblowers. ern False Claims Act, which has re- make it stick.

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2367 Congress passed this bill last fall after ex- It does still have some gray areas, I Whistleblower Protection Enhance- tensive discussions with members of the am sorry to say. It leaves some of the ment Act in 2012, President Obama Reagan administration. policy and procedure development to issued Presidential Policy Directive 19. But in spite of the compromise we worked out, this bill fell victim to President Rea- the discretion of the executive branch, He tasked Attorney General Holder gan’s pocket veto. and that is a mistake we know exists with reevaluating the same FBI whis- Whistleblowers are a very important part because we had a similar thing happen tleblower procedures that Fred White- of government operations. By exposing with the FBI because in 1989 the pro- hurst helped get in place in 1997. The waste, fraud, and abuse, they work to keep tections of the Whistleblower Protec- Attorney General was given 6 months government honest and efficient. And for tion Act didn’t apply to the FBI. That to report back. their loyalty, they are often penalized—they When the Attorney General didn’t re- get fired, demoted, and harassed. . . . Under turned out to be a big mistake. the current system, the vast majority of em- Yet that law did require the Attorney port back and didn’t issue that report ployees choose not to disclose the wrong- General to implement regulations for at the 6-month mark, I asked the Gov- doing they see. They are afraid of reprisals FBI whistleblowers consistent with ernment Accountability Office to do its and the result is a gross waste of taxpayers’ those in the Whistleblower Protection own independent evaluation of the FBI dollars. Act. However, it soon became clear whistleblower protections. Government employers should not be al- that was a little like putting the fox in Now 18 months after the President’s lowed to cover up their misdeeds by creating charge of the henhouse. The Justice directive, Attorney General Holder such a hostile environment. Department and the FBI simply ig- still hasn’t released his report. This is That is the end of the quote from the nored that part of the law for nearly 10 a person appointed by the President of statement I made on the introduction years. Not until 1997 did the Attorney the United States, directed by the of that bill in January 1989. General finally implement regulations President of the United States to do Once again, the bill passed the Sen- for whistleblowers at the FBI. something in 6 months, presumably ate and the House without opposition. The Justice Department was pushed loyal to the President of the United Working with George H.W. Bush, this into finally issuing those regulations States, and he isn’t doing what the time we got the President to sign it. by an FBI employee by the name of Dr. On April 10, 1989, the Whistleblower Chief Executive of our great country Fred Whitehurst. Dr. Whitehurst was told him to do. Protection Act became law. considered by the FBI to be its leading We left part of the work undone 25 Potential whistleblowers should not forensic explosive expert in the 1990s. have to wait a decade, as they did with years ago. The Civil Service Reform What I am about to show you is that Act of 1978 had exceptions for the FBI, the first set of regulations. It appears by being a good, patriotic American that the Justice Department is simply the CIA, the NSA, and other parts of and blowing the whistle when some- the intelligence community. The Whis- sitting on its hands once again. thing is wrong, you can ruin yourself The example of the FBI should be in- tleblower Protection Act left employ- professionally. ees of those agencies unprotected, and structive. Unlike the Whistleblower Shortly after the Whistleblower Pro- Protection Act, the Intelligence au- so have the laws that followed it. I am tection Act was passed in 1989, Dr. thorization bill is much more detailed very pleased that the preconferenced Whitehurst disclosed major problems about the protections Congress in- intelligence authorization bill released with the FBI crime lab. From 1990 to tends. It puts a time limit on how long today will remedy that for the intel- 1995 he wrote close to 250 letters to the the intelligence community has to cre- ligence community. Justice Department inspector general ate their procedures, giving them 6 Back in 2012 I championed the addi- about these problems. In other words, months. However, remember that is ex- tion of intelligence whistleblower pro- he tried to be loyal to the agency he actly the same amount of time Presi- tections to the Whistleblower Protec- was in and work within that agency to dent Obama gave Attorney General tion Enhancement Act. The provisions expose wrongdoing but didn’t get very Holder to come up with regulations, I authored prohibited various forms of far. retaliation, including changing an em- In January 1996 he formally re- and it still hasn’t happened 18 months ployee’s access to classified informa- quested that the President implement later. Congress needs to be vigilant tion. Working closely with the Senate regulations as required by the Whistle- about getting both the intelligence Select Committee on Intelligence, we blower Protection Act. Only after Fred community and the Attorney General got that language into the bill that was suspended in 1997 did the White to act. passed the Senate by unanimous con- House finally issue such a memo to the In the meantime, the FBI fiercely re- sent May 8, 2012. However, it was not Attorney General. It instructed the At- sists any efforts at congressional over- included in the bill the House passed on torney General to create a process for sight, especially on whistleblower mat- September 28, 2012. FBI whistleblowers as directed by the ters. For example, 4 months ago I sent Prior to the differences being rec- Whistleblower Protection Act. Fred a letter to the FBI requesting its train- onciled on October 10, 2012, President Whitehurst’s case dragged on for an- ing materials on the insider threat pro- Obama issued Presidential Policy Di- other year until the FBI finally agreed gram. When we just want copies of rective 19. It provided certain limited to settle with him in February 1998. He training materials, would that be dif- protections for whistleblowers with ac- got more than a $1 million settlement ficult for a bureaucracy to present to a cess to classified information. Yet that out of that just because he was trying Member of Congress? Executive order by President Obama to do the right thing. But he got his That program happened to be an- was weaker than the provisions I had badge and his gun taken away from nounced by the Obama administration authored in the Whistleblower Protec- him, and he was, in a sense, ridiculed in October of 2011. It was intended to tion Enhancement Act. Unfortunately, for doing what a patriotic American train Federal employees to watch out President Obama’s actions undercut ought to do. for insider threats among their col- support for those provisions by sug- Fred Whitehurst is not alone in the leagues. Public news reports indicated gesting that statutory protection was FBI as far as people having problems. that this program might not do enough now necessary. The final law that Over the years, others—such as Mike to distinguish between true insider passed in November left intelligence German, Bassem Youssef, Jane Turner, threats and legitimate whistleblowers. whistleblowers at the mercy of the and Robert Kobus—have blown the I relayed these concerns in my letter. I Presidential directive. whistle from within the FBI. Even also asked for copies of the training Now, much of the language I had after the inspector general issued find- materials. I said I wanted to examine championed is in the Intelligence au- ings in their favor, several had to navi- whether they adequately distinguished thorization bill currently under consid- gate a never-ending Kafkaesque inter- between insider threats and whistle- eration. It is certainly a step up from nal appeals process. It seemed designed blowers so it didn’t become a damper Presidential Policy Directive 19. Mak- to grind down these patriotic Ameri- on whistleblowing. ing any protections statutory is very cans into submission through years of In response, an FBI legislative affairs significant. The bill also has better inaction. official told my staff that a briefing substantive protections than the Presi- Now history has started to repeat might be the best way to answer my dential directive. itself. As Congress was passing the questions. It was scheduled for last

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2368 CONGRESSIONAL RECORD — SENATE April 10, 2014 week. Staff of both Chairman LEAHY job, to see if there is a potential clearance These same considerations apply to and myself attended. The FBI brought issue. the intelligence community. The po- the head of their insider threat pro- Director Clapper’s testimony gives tential problems are heightened if elec- gram. Yet the FBI didn’t bring the in- me major pause, as I hope it does my tronic monitoring extends off the job, sider threat training materials as we colleagues. It sounds as though this such as Director Clapper mentioned in had requested. However, the head of type of monitoring would likely cap- the quote I gave. We have to balance the insider threat program told the ture the activity of whistleblowers detailing insider threats with letting staff of both Senator LEAHY and myself communicating with Congress. whistleblowers know their legitimate there was no need to worry about whis- To be clear, I believe the Federal whistleblower communications are pro- tleblower communications. Government is within its right in mon- tected. They are telling me that at a time itoring employee activity on worker With continuous monitoring in place, when we have decades of history of computers. That applies all the more in any whistleblower would understand whistleblowers being treated like the intelligence community. However, their communications with the inspec- skunks at a picnic? This gentleman as I testified before the House Over- tor general or Congress would likely be said whistleblowers had to register in sight and Government Reform Com- seen by their agency and punishment order to be protected and the insider mittee recently, there are areas where could follow. They might perhaps even threat program would know to avoid the executive branch should be very be seen by those they believe are re- these people. cautious. sponsible for waste, fraud, or abuse, I have never heard of whistleblowers The House oversight committee held and punishment to follow. That leaves a hearing on electronic monitoring ever being required to ‘‘register,’’ in the whistleblower open to retaliation. that the U.S. Food and Drug Adminis- order to be protected. The idea of such Even with the protections of this bill, tration had done of certain whistle- a requirement should be pretty alarm- we should all understand it is difficult blowers in that agency. This moni- ing to all Americans. We are talking to prevent retaliation because it is so toring was not limited to work-related about patriotic Americans wanting to indigenous in the culture of most gov- activity. The Food and Drug Adminis- make sure the government does what ernment agencies. It requires a lengthy tration allows its employees to check the law says it should do and spend process for an individual to try to personal email accounts at work. As a money the way Congress intended it be prove the retaliation and get any rem- result, the FDA’s whistleblower moni- spent. They have to register to be pro- edy. It is far better, where possible, to toring captured personal email account tected just because they are a patriotic take precautions that prevent the like- passwords. It also captured attorney- lihood of retaliation even occurring; American? The reason they can’t do client communications and confiden- otherwise, it will make it virtually im- that is because sometimes confiden- tial communications to Congress and possible for there even to be such a tiality is the best protection a whistle- the Office of Special Counsel. blower has. Some of these communications are thing as an intelligence community Unfortunately, neither my staff nor legally protected. If an agency captures whistleblower. Fraud and waste would Chairman LEAHY’s staff was able to such communications as a result of then go unreported. No one would dare learn more because after only 10 min- monitoring, it needs to think about take the risk. To return to the theme I started utes—only 10 minutes—in the office how to handle them very differently; and into the briefing, the FBI got up otherwise, it would be the ideal tool to with, whistleblowers need protection and abruptly walked out. identify and retaliate against whistle- from retaliation today just as much as It might be one thing to walk out on blowers. Without precautions, that they did 25 years ago when the Whistle- Republican staff, but they walked out kind of monitoring could effectively blower Protection Act was passed on on the staff of a Democratic chairman shut down legitimate whistleblower April 10 of that year. I have always of one of the most powerful commit- communications. said whistleblowers are too often treat- tees in the U.S. Senate as well—Chair- It wouldn’t surprise me, considering ed like a skunk at a picnic. You have man LEAHY’s staff. the culture of some of these agencies, now heard it for the third time. You FBI officials simply refused to dis- that is exactly what they want to do, can’t say it too many times. I have cuss any whistleblower implications in because there is a great deal of peer seen too many of them retaliated its insider threat program and left the pressure to go along to get along with- against. room. These are clearly not the actions in these agencies. Whistleblowers, as I However, 25 years after the Whistle- of an agency that is genuinely open to said, are kind of like a skunk at a pic- blower Protection Act, the data on whistleblowers or whistleblower pro- nic. whistleblowing is in, and the debate on tection. There could be safeguards, however. whether to protect whistleblowers is Like the FBI, the intelligence com- For example, whistleblower commu- over. There is widespread public rec- munity has to confront the same issue nications could be segregated from ognition that whistleblowers perform a of distinguishing a true insider threat other communications. Access could be very valuable public service. from legitimate whistleblowers. This limited to only certain personnel rath- Earlier this year issue will be impacted by title V of the er than all of the upper management. PricewaterhouseCoopers found that 31 current Intelligence authorization bill, In any case, whistleblowing disclosures percent of serious fraud globally was which includes language about contin- to Congress or the special counsel can’t detected by whistleblowing systems or uous monitoring of security clearance just be routed back to the official ac- other tipoffs. According to a 2012 report holders. cused of wrongdoing. from another organization, that num- Director of National Intelligence As the 1990 Executive order made ber is even higher when looking just in James Clapper seems to have talked clear, whistleblowing is a Federal em- the United States, with 51 percent of about such procedures when he ap- ployee’s duty. It should be considered the fraud tips coming from a com- peared before the Senate Armed Serv- part of their official responsibilities pany’s own employees. ices Committee on February 11 of this and something they can do on work In 2013, of U.S. workers who had ob- year. In his testimony he said this: time. However, that doesn’t mean they served misconduct and blown the whis- aren’t allowed to make their protected tle, 40 percent said the existence of We are going to proliferate deployment of auditing and monitoring capabilities to en- disclosures confidentially to protect whistleblower protection had made hance our insider threat detection. We’re against the usual retaliation. A Fed- them more likely to report mis- going to need to change our security clear- eral employee has every right to make conduct. ance process to a system of continuous eval- protected disclosures anonymously, Whistleblowers are particularly vital uation. . . . What we need is . . . a system of whether at work or off the job. in government, where bureaucrats only continuous evaluation, where we have a way Every Member of this body should re- seem to work overtime when it comes of— alize that without some safeguards to resisting transparency and account- Now, get this. there is a chance their communications ability. —monitoring their behavior, both their elec- with whistleblowers may be viewed by A year and a half after the Whistle- tronic behaviors on the job as well as off the the executive branch. blower Protection Act, President Bush

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2369 issued Executive Order 1990 that said whistle. I hope this whistleblower cau- So what is going on? Well, we are all Federal employees ‘‘shall disclose cus will send the message that Con- having double refunds, right? First waste, fraud, abuse and corruption to gress expects that kind of culture. they go to the thief. This is happening appropriate authorities.’’ That should I call on my colleagues to help me millions of times. Then the real tax- have changed the entire culture of make sure whistleblowers continue to payer says: Wait a minute, where is my these agencies that are receive the kind of protection they refund, and files a return. The govern- antiwhistleblower, but it hasn’t. But need and deserve. ment has to check this out and figure that is what the directive says. I suggest the absence of a quorum. out the first one and they then pay Federal employees are still under ob- The PRESIDING OFFICER (Mr. twice. This is what is happening in the ligations this very day. They are ful- UDALL of New Mexico). The clerk will United States of America. filling a civic duty when they blow the call the roll. In 2012, Alan Stender, a retired busi- whistle. The assistant legislative clerk pro- nessman from the 5,000-person town of I encouraged President Reagan and ceeded to call the roll. Circle Pines, MN, was working to file every President after him that we Ms. KLOBUCHAR. Mr. President, I his taxes on time just as people are should have a Rose Garden ceremony ask unanimous consent that the order doing right now. After completing all honoring whistleblowers. If you do for the quorum call be rescinded. the forms and sending in his tax re- that, it sends a signal from the highest The PRESIDING OFFICER. Without turns, Alan heard from the IRS that level of the U.S. Government to the objection, it is so ordered. there was a major problem. So he gets lowest level of the U.S. Government STOP IDENTITY THEFT ACT OF 2013 it done on time and files the return and that whistleblowing is patriotic. Unfor- Ms. KLOBUCHAR. Mr. President, I finds out from the IRS there is a prob- tunately, there isn’t a single President rise today to urge my colleagues to lem. Someone had stolen his identity who has taken me up on my sugges- pass the Stopping Tax Offenders and and used his personal information to tion. Prosecuting Identity Theft Act of 2013. fraudulently file his taxes and steal his Further, while the Obama adminis- With tax day coming upon us on Tues- tax return. Just last week 25 people were ar- tration promised to be the most trans- day, the time is now to pass this bipar- rested in Florida for using thousands of parent in history, it has, instead, tisan legislation. stolen identities to claim $36 million in cracked down on whistleblowers as I worked on the STOP Identity Theft fraudulent tax refunds. This included never before. Act to address the growing problems of Last week, the Supreme Court denied tax identity theft and to protect tax- the arrest of a middle school food serv- ice worker who sold the identities of a petition to hear an appeal from a payers against fraud. From the begin- more than 400 students, if you can be- case named Kaplan v. Conyers. The ning this bill has been bipartisan. Sen- lieve it. Those victims are just kids, Obama administration’s position in ator SESSIONS is the lead Republican on and criminals are stealing their identi- that case, if allowed to stand, means this bill, and in fact recently this bill passed the Senate Judiciary Com- ties to file fake returns. untold numbers of Federal employees Are you ready for this one? Attorney mittee on a vote of 18–0. Given the may lose some of the very same appeal General Eric Holder recently revealed number of members on the committee rights we tried to strengthen in the that he was a victim of tax return iden- Whistleblower Protection Act. There with very different views on issues, tity theft. This came out this week. could be half or more of the Federal that is an accomplishment and shows Two young adults used his name, his employees impacted. Such a situation what a pressing problem this is. date of birth, and Social Security num- I think people will be pretty shocked, would undo 130 years of protection for ber to file a fraudulent tax return. as you will be, Mr. President, when you civil servants dating back to the Pen- They got caught. They were pros- dleton Civil Service Reform Act of 1883. hear these numbers. Criminals are in- ecuted. But if you can imagine that We all remember that President creasingly filing false tax returns using this can happen to the Attorney Gen- Obama promised to ensure that whis- stolen identity information in order to eral of the United States—at least we tleblowers have full access to the claim victims’ refunds. You might got action there—think about some courts and due process. However, his think that would be a rare incident, guy in Circle Pines, MN, who has it administration has pursued the exact but as a former law enforcement per- happen. As I said, it is happening over opposite goal here. That ought to be son, as the attorney general for the a million times every year, from a re- unacceptable to all of us. State of New Mexico, I think you know tired man in Minnesota to middle I think it is important to send a loud anything can happen. This is a problem school students in Florida, to the At- and clear signal that waste, fraud, and where more than anything is hap- torney General of the United States. It abuse won’t be tolerated in govern- pening. is clear that identity theft can happen ment, and that is why I am pleased to In 2012 alone, identity thieves filed to anyone. announce I will officially be forming a 1.8 million fraudulent tax returns, al- We also know this crime can vic- whistleblower protection caucus at the most double the number confirmed in timize our most vulnerable citizens, beginning of the 114th Congress. Until 2011. The numbers and the documents victims such as seniors living on fixed then, I will be talking to my colleagues in these cases may be forged, but the incomes or people with disabilities who and encouraging them to join me as we dollars behind them are real, because depend on tax returns to make ends start putting together an agenda for in 2012 there was another 1.1 million meet and cannot financially manage that caucus in a new Congress. fraudulent tax returns that slipped having their tax returns stolen. There As we celebrate the 25th anniversary through the cracks, and our U.S. Treas- is a lot at stake here and action is of this very important bill called the ury paid out $3.6 billion in the fraudu- needed. That is why I put forward the Whistleblower Protection Act, we lent returns—$3.6 billion. That is the bipartisan legislation a few years back should all recognize whistleblowers for number coming from the IRS. That is with Republican Senator JEFF SES- the sacrifices they make. Those who your taxpayer dollars going down the SIONS of Alabama, to take on this prob- fight waste, fraud, and abuse in the drain to people who are actually steal- lem and crack down on the criminals government should be lauded for patri- ing taxpayers’ identities, putting them committing this crime. There was also otism. Whistleblower protections are on returns, filing returns, and getting significant bipartisan work in the only worth anything if they are en- back the money. House last year. A very similar bill was forced. When criminals file these tax re- passed in the House that did the same Just because we have passed good turns, it is not just the Treasury that thing, passed bipartisan bills in the laws does not mean we can stop paying loses out. Everyday people are the real House of Representatives. It happened. attention to the issue. There must be victims here, because when someone And the Senate now, as we know, vigilance and oversight by the Con- else uses your identity, when someone passed it 18–0 out of the Judiciary Com- gress. else fakes your identity, people are mittee. The best protection for a whistle- then forced to wait months and some- This critical legislation will take im- blower is a culture of understanding times even years before receiving their portant steps to streamline law en- and respecting the right to blow the actual refund. forcement resources and strengthen

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2370 CONGRESSIONAL RECORD — SENATE April 10, 2014 penalties for tax identity theft. The explaining why they are holding up We all know that the Federal Gov- STOP Identity Theft Act will direct this bill. ernment spends a lot of money—over $3 the Justice Department to dedicate ad- It is time to get this bill done. I trillion a year. The goal is to know ditional resources to address tax iden- would love to see it happen before we more about how that money is spent so tity theft. It also directs the Depart- go back to our home State so I can ex- we can ensure it is being spent on the ment to focus on parts of the country plain it to my constituents, and I hope right things. This legislation, the with especially high rates of tax return our colleagues on the other side of the DATA Act, picks up on lessons we identity theft and to boost protections aisle will work with us. Because with learned about how to make it more ac- for vulnerable populations such as sen- tax season upon us, it is time to pass countable and more transparent so tax- iors, minors, and veterans. this bipartisan legislation, to crack payers have a better understanding of We also urge the Justice Department down on identity thieves and protect how the money is being used. This has to cooperate fully and coordinate in- the hard-earned tax dollars of innocent to do with grants and contracts. I vestigations with State and local law Americans. The time to do it is now. think it is something that is going to enforcement organizations. I again thank Senator JEFF SESSIONS help ensure that we are not just spend- Identity thieves have become more for being the Republican on this bill, ing the money right but also elimi- creative and have expanded from steal- and I thank all my colleagues for pass- nating fraud and abuse that we other- ing identities of individuals to stealing ing it through the committee. I thank wise would not find. that of businesses and organizations. the House for getting it done over I first got involved in this issue when My bill recognizes this change and there. It is now the time to pass it in I was at the Office of Management and broadens the definitions of tax identity the Senate. Budget. I supported it and then was theft to include businesses, nonprofits, Thank you, Mr. President. I yield the tasked with implementing a 2006 bill and other similar organizations. This is floor. that was introduced by Senator important because once a company or I note the absence of a quorum. COBURN and Senator Obama at the an organization’s tax information is The PRESIDING OFFICER. The time. It was called the Federal Funding stolen, it can be used to create fraudu- clerk will call the roll. Accountability and Transparency Act, lent tax returns and claim false re- The assistant legislative clerk pro- FFATA—an unfortunate acronym in funds. ceeded to call the roll. my view. Finally, we need to crack down on Mr. PORTMAN. I would ask unani- FFATA worked in the sense that it the criminals committing this crime. mous consent that the quorum call be led to something which is called This bill would strengthen tax identity rescinded. usaspending.gov. Back then a lot of theft penalties by raising the max- The PRESIDING OFFICER. Without Federal agencies thought this could imum jail sentences from 15 to 20 objection, it is so ordered. not be done; that we wouldn’t be able years. I believe this bill goes a long Mr. PORTMAN. I wish to speak as if to improve our transparency up to the way in helping law enforcement use in morning business. standards that were established in their resources more efficiently and ef- THE DATA ACT FFATA, and we proved them wrong, fectively and it is time to bring it to Mr. President, I was not able to be thanks to a lot of hard work by a lot of the floor. here earlier on the Senate floor when folks in the agencies and at the Office In recent weeks we have made sig- my colleague Senator WARNER got of Management and Budget where I nificant progress, as I said, by passing unanimous consent to pass the DATA served as Director. It ended up with the the bill out of the Senate Judiciary Act. This is the Digital Accountability ability of taxpayers to get a wealth of Committee unanimously on an 18–0 and Transparency Act, something we information online, again, about Fed- vote. It doesn’t happen often. I thank have been working on over the last eral grants and Federal contracts so all of my colleagues on the committee couple of years. they could better understand how their and all of my friends across the aisle It is a good bill, and it is about good tax dollars were spent. for joining with us to vote for this bill. government and I am glad we were able It was a good start. It also helped us After a long discussion we had amend- to pass it this afternoon in the Senate. learn some lessons about how to im- ments. We got this bill. Every single I now hope it will go to the House for prove fiscal data quality and trans- member of the Judiciary Committee passage and get to the President’s parency even more. We learned that voted for this bill, including Senator desk, because it will help to give all the usaspending.gov can be more com- CRUZ, Senator SCHUMER, Senator FEIN- the taxpayers a better view into our prehensive, more accurate, more reli- STEIN, and Senator HATCH. It was a government. able, and more timely. unanimous 18–0 vote. Specifically, it improves Federal fi- By the way, if you have not gone on Now I want to bring this bill to the nancial transparency and data quality, this Web site, usaspending.gov, I rec- full Senate. I would love to get this both of which are going to help identify ommend it. If we pass this legislation, done before tax day. I know there is a and illuminate the ways we spend—cer- you will like it even more because the holdup on the other side of the aisle, tainly something we should be focused data you will be seeing will be more and it is time for people to understand on with the huge deficits and all the understandable, will be more uniform that this is a bill that passed the House pressure we are facing. across the agencies, and will enable us of Representatives, it passed on an 18– It will also ease the compliance bur- all, as taxpayers, to get a better view 0 vote out of Judiciary, and we simply den with the people working in the into the government. need to get this done. Federal Government and recipients of What does it do? First, it makes it When the Attorney General of the Federal funds. At the same time it im- easier to compare spending across the United States of America is having his proves the data that they send to the Federal agencies by requiring estab- identity stolen and his identity is used Federal Government. It is a win/win for lishment of these governmentwide to file fake tax returns, we have a prob- the taxpayer, for the government, at standards, such as financial data stand- lem. We have a problem that involves a getting at the issue of waste, fraud, ards, which is very difficult to do, as I lot of money. We have a problem that and abuse. learned when I was at the Office of involves 1.8 million fraudulent tax re- It is an issue that transcends party Management and Budget. It sounds turns in 2012 alone, double the number lines. I want to thank my friend Sen- easy, but it is hard and it pays off. It in 2011. We have a problem that also in- ator COBURN because he has been a promotes consistency and reliability in volves a lot of money. We have a prob- leader in the Governmental Affairs data. Second, it strengthens the Fed- lem that involves $3.6 billion in 1 year Committee and also the chairman of eral financial transparency by reform- alone in 2012, paid out by the U.S. Gov- the committee, Senator TOM CARPER. ing and significantly improving the ernment. What do you think taxpayers Without their help, Senator WARNER Web site itself. It requires more fre- think when they hear that, that $3.6 and I would not have been able to get quent updates—quarterly financial up- billion went to thieves and we have a this bill to the floor today. We also dates of spending by each Federal agen- bill that passed out of the Judiciary have a number of other cosponsors on a cy on their programs and at the object Committee 18–0? I would want someone bipartisan basis. class-level basis. It is basically more

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2371 specific data and more up-to-date so it TRIBUTE TO PETER MUNK Queen Elizabeth II Diamond Jubilee refreshes the Web site more to make it Mr. REID. Mr. President, I rise today Medal in 2012. more useful. to honor the more than 30 years of hard As Mr. Munk steps down from his Third, it empowers the inspector gen- work and leadership Mr. Peter Munk role as chairman of the board of eral and the GAO to hold agencies ac- has demonstrated as the founder and Barrick Gold Corporation, I congratu- countable. I think putting the inspec- chairman of the board of Barrick Gold late him on his many years of success tors general into this is a good idea be- Corporation. and wish him all the best in his future cause it has another level of account- Since Barrick Gold was established endeavors. ability. This will make them more ac- in 1983, Mr. Munk has worked to make f countable for completeness, timeliness, Barrick one of the world’s largest gold JUSTICE FOR ALL ACT quality, and accuracy of the data they mining companies, with projects reach- are submitting to the usaspending.gov. ing four continents. In 1986, Mr. Munk Mr. LEAHY. Mr. President, this week This is new and will make the Web site bet on Nevada, bringing Barrick to the marks the 30th annual National Crime work even better. Silver State with the acquisition of the Victims’ Rights Week. It is a time to Fourth, it simplifies the reporting re- Goldstrike mine located on the Carlin recognize victims of crime and their quirements by recipients of Federal Trend in Eureka County. Nevada has families and to acknowledge the efforts funds, eliminating unnecessary dupli- since become the largest source of gold to help them recover and rebuild their cation and burdensome regulations. It in the United States, producing more lives in the wake of tragedy. It is also basically streamlines what people have than 75 percent of the gold mined a time to ask what more we can do to to provide to the Federal Government. throughout the country. Even today, help serve victims of crime and im- This will actually make it easier for us the Goldstrike mine is one of Barrick’s prove our criminal justice system. We to understand what is going on with most productive properties. Two of have an opportunity this week to pass these contractors, again, as taxpayers Barrick’s 5 core gold mines are located a bill that will not just pay lipservice doing oversight, but it also makes it in Nevada, and the company continues to crime victims but actually impact easier to do business with the Federal to operate 7 mines throughout the and improve their lives. It is time to Government. It makes it less com- State, employing more than 4,200 peo- pass the Justice for All Act. plicated for them and gives more trans- ple. The Justice for All Act is a bipar- parency for taxpayers, so it is another Mr. Munk has shared his many suc- tisan bill that Senator CORNYN and I good aspect of this legislation. cesses and accomplishments with the introduced nearly 1 year ago to im- I think each of these reforms will en- communities in which he works and prove the quality of justice in this hance Federal financial accountability lives, and through his philanthropy, he country. It was approved by the Judici- in real ways by allowing citizens to has demonstrated his dedication to ary Committee in October by a unani- track government spending better, al- education and health. He created the mous voice vote, and it cleared the lowing agencies to more easily identify Peter Munk Charitable Foundation in Democratic side of the hotline on improper payments and unnecessary 1992 and has made significant dona- March 27. However, it still has not spending. tions to his alma mater, the University passed the Senate because Senate Re- We have a big issue around here with of Toronto, which is home to the Munk publicans object. For reasons that have spending. We spend more than we take School of Global Affairs. Additionally, not been explained, Republicans have in every year to the tune of hundreds the premier Peter Munk Cardiac Cen- failed to consent to passing this com- of billions of dollars. We have a debt tre was constructed at the University monsense bill. This is no way to treat that is at least $17 trillion. It is time to Health Network in Toronto as a prod- victims of crime, especially during a make sure we are not wasting money uct of his generous contributions. week when we seek to honor them. that could be applied to that debt or it Under Mr. Munk’s strong leadership, The Justice for All Act reauthorizes could pay for programs that are a top Barrick Gold has given back to the the Debbie Smith DNA Backlog Reduc- priority. This bipartisan legislation many communities surrounding tion Act, which has provided signifi- will help us get there. Barrick mining operations, and the cant funding to reduce the backlog of I am very pleased we were able to get company has helped provide added sup- untested rape kits so that victims need it passed today. Again, I will be work- port for local economic, health, and so- not live in fear while kits languish in ing hard with Senator WARNER and cial development. In Nevada, much storage. That program is named after others to ensure that we get this needed school supplies, college scholar- Debbie Smith, who waited years for her through the House and to the Presi- ships, and large community projects rape kit to be tested. Although delayed dent’s desk for signature so we can in- have been funded with the support of for years, that rape kit test ultimately deed begin to help all of us as citizens Barrick Gold. The company has also enabled the perpetrator to be caught. have a better view into our Federal implemented strict controls to help re- She and her husband Rob have worked Government. duce the impacts of mining on the en- tirelessly to ensure that others will not I yield the floor and suggest the ab- vironment and contributed to wildlife have the same experience. I thank sence of a quorum. restoration and improvement projects Debbie and Rob for their continuing The PRESIDING OFFICER. The to enhance Nevada’s native plants and help on this extremely important clerk will call the roll. species habitats. For instance, in 2012, cause. The assistant legislative clerk pro- Barrick partnered with Federal and The Justice for All Act reauthoriza- ceeded to call the roll. State land managers to restore vital tion establishes safeguards to prevent Mr. REID. Mr. President, I ask unan- greater sage-grouse habitat that had wrongful convictions and enhances pro- imous consent that the order for the been scarred and damaged by a dev- tections and legal rights for crime vic- quorum call be rescinded. astating wildfire. tims. It is supported by experts in the Mr. Munk has made a significant im- The PRESIDING OFFICER. Without field and law enforcement, including pact on the State of Nevada and has es- objection, it is so ordered. the National Center for Victims of tablished a lasting legacy on the inter- Crime, the National Center of Police national mining industry. His influence Organizations, and the National Dis- f has been recognized by the Canadian trict Attorneys Associations. Yet even Business Hall of Fame and the Cana- during Crime Victims’ Week, which co- MORNING BUSINESS dian Mining Hall of Fame, and he was incides with Sexual Assault Awareness Mr. REID. Mr. President, I ask unan- honored with one of Canada’s highest and Prevention Month, Senate Repub- imous consent that the Senate proceed honors for a private citizen when he licans have not yet shown a willingness to a period of morning business with was made a Companion of the Order of to clear the important reauthorization. Senators permitted to speak therein Canada. Additionally, Mr. Munk was Senator CORNYN was on the floor just for up to 10 minutes each. the first Canadian to be awarded the last week and earlier today expressing The PRESIDING OFFICER. Without Woodrow Wilson Award for Corporate his commitment to getting this passed objection, it is so ordered. Citizenship in 2002 and received the and signed into law. I urge him to lead

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2372 CONGRESSIONAL RECORD — SENATE April 10, 2014 his caucus to get it through the Sen- ecutors, and crime victims agree on the The United Nations High Commis- ate. He and I both know that a unani- necessity of this bill. Why can’t we? sioner for Refugees has registered more mous voice vote in the Judiciary Com- The Justice for All Act takes impor- than 2.6 million Syrian refugees with mittee is uncommon and happens on tant steps to ensure that all criminal women and children making up more only the most uncontroversial and uni- defendants, including those who cannot than 80 percent of the refugee popu- formly applauded bills. This is one of afford a lawyer, receive effective rep- lation. By the end of this year, the those bills, and we need to pass this resentation. Our justice system, in- United Nations estimates that the today. cluding successful prosecution, depends number of refugees could increase to 4 Senator MCCONNELL is also a cospon- upon effective representation on both million. sor of this bill. This effort has been bi- sides. That is why I am a cosponsor of the partisan from the beginning, and I am This is not a time for delay. This is a Syria Humanitarian Resolution of 2014, proud that we have the minority leader time for leadership. The stakes are too which urges all parties in Syria to and the minority whip helping to lead high and crime victims are depending allow for and facilitate immediate, un- this effort. Despite the support of the on us to do the right thing. I urge all fettered access to humanitarian aid Senate Republican leadership, the bill Senators, and particularly those in the throughout the Syrian Arab Republic. nonetheless remains stalled. Perhaps it Republican caucus, to clear this bill This legislation calls for the safety, se- is because the House Republican lead- today. curity, independence, and impartiality ership would rather pass a much nar- f of humanitarian workers and demands rower bill. I trust that the Senate will VOTE EXPLANATION freedom of movement to deliver aid. stand up for all victims who deserve Ms. WARREN. Mr. President, on I remain deeply concerned by the in- justice, just as we did when the Senate April 4, 2014, I was unavoidably absent stability of the entire region, as vio- passed an inclusive Violence Against from the following votes as a result of lence spills over into neighboring coun- Women Act reauthorization last year. memorial events related to the tragic tries such as Turkey, Jordan, Lebanon, Our bipartisan Senate legislation deaths of Lieutenant Eddie Walsh and and Israel. strengthens the Kirk Bloodsworth Firefighter Mike Kennedy in Boston on Director of National Intelligence Post-Conviction DNA Testing Grant March 26, 2014—rollcall votes No. 97 James Clapper has testified that, ‘‘In Program, one of the key programs cre- and 98. Had I been present, I would Syria, the ongoing civil war will prob- ated in the Innocence Protection Act. have voted ‘‘no’’ on vote No. 97, on the ably heighten regional and sectarian Kirk Bloodsworth was a young man motion to table Reid Amendment No. tensions.’’ The influx of Syrian refu- just out of the Marines when he was 2878 to H.R. 3979; and ‘‘yes’’ on vote No. gees to Lebanon, Jordan, Turkey and sentenced to death for a heinous crime 98, on the motion to table the appeal of Iraq is putting a strain on those coun- that he did not commit. He was the the appeal of the ruling of the chair tries’ resources. first death row inmate in the United that a third degree amendment was not The United Nations Independent States to be exonerated through the in order. International Commission of Inquiry use of DNA evidence. f on the Syrian Arab Republic reports Since the Justice for All Act was that pro-government forces have mur- WAR CRIMES IN SYRIA first enacted in 2004, we continue to see dered, tortured, assaulted, and raped cases in which people are found to be Mr. CARDIN. Mr. President, I wish to civilians in Syria. Anti-government innocent after spending years in jail. discuss the ongoing crisis in Syria. groups have also engaged in murder, Thomas Haynesworth was exonerated Last month marked the 3-year anniver- execution without due process, torture, in 2011 after spending 27 years in prison sary since the brutal conflict began. hostage-taking, and shelling of civilian for crimes he did not commit, thanks According to the United Nations Secu- neighborhoods. to a grant provided by the Justice for rity Council Resolution 2139, which was All Act. He was accused of rape in 1984 But nowhere is the brutality of this unanimously accepted in February of war more evident than in the events of and wrongfully convicted, and the real this year, the conflict has resulted in perpetrator in this case went on to August 21, 2013, when the Syrian Army, the death of over 140,000 people in under the direction of President Assad, rape more than a dozen women. Syria, including at least 10,000 chil- It is an outrage when an innocent launched a chemical weapons attack in dren. UNICEF reports that Syria is the Damascus suburbs. This attack left person is punished, and this injustice is among the most dangerous places on compounded when the true perpetrator over 1,400 innocent Syrian civilians Earth to be a child, pointing to high dead—many of whom were children. remains on the streets, able to commit child casualty rates, brutalizing and Assad’s criminal use of chemical more crimes. We are all less safe when traumatic violence, deteriorating ac- weapons against his own people is mor- the system gets it wrong. cess to education, and health concerns. ally reprehensible and violates inter- This bill also provides funding for the The number of children suffering in nationally accepted rules of war. The Paul Coverdell Forensic Science Im- Syria more than doubled in the third international community cannot stand provement Grant Program, which as- year of the conflict. sists laboratories in performing the The crisis is only getting worse. Hun- by and allow the murder of innocent many forensic tests that are essential dreds of thousands of Syrian civilians men, women, and children to go un- to solving crimes and prosecuting of- are under fire by government and oppo- challenged. We must bring Assad and fenders. sition forces in violation of inter- all other perpetrators of gross human I cannot imagine why is there an ob- nationally accepted Laws of Armed rights violations in the Syrian conflict jection to supporting scientific testing Conflict. These war crimes are truly to justice. and improving the reliability of crimi- devastating, and to escape the vio- It is clear that we must take action. nal convictions. Every American, in- lence, millions of refugees have flooded Last week I introduced, the Syrian War cluding crime victims, is better served into neighboring Turkey, Lebanon and Crimes Accountability Act of 2014, S. when our justice system has the re- Jordan, while thousands more remain 2209 along with Senators RUBIO and sources it needs to operate effectively. internally displaced inside Syria Last KAINE. If there is a person in the Senate who year I visited the Kilis refugee camp in My bill strongly condemns the ongo- objects, I ask them to come forward Turkey which is currently sheltering ing violence, the use of chemical weap- and explain that to me and to the more than 14,000 Syrian refugees. I wit- ons, the targeting of civilian popu- American people. I would welcome that nessed first-hand the remarkable brav- lations, and the systematic gross debate. ery of the Syrian refugee population. human rights violations carried out by The hotline on this bipartisan Jus- Many of these families relocated sev- both the Syrian government and oppo- tice for All Act reauthorization has eral times within Syria before ulti- sition forces. been running on the Republican side mately making the heart-wrenching My legislation requires the Secretary since March 31, and I have not heard decision to leave their country in order of State to provide Congress with a de- one substantive argument against the to seek food, medical attention, and scription of violations of internation- merits of this bill. Police officers, pros- safety outside of Syria. ally recognized human rights abuses

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2373 and crimes against humanity com- to breathe after birth or the baby is to the development of a diaphragmatic mitted during the conflict in Syria. Fi- unable to take in enough oxygen to hernia. nally, the bill requires the Secretary to stay healthy. Up to 20 percent of cases of CDH have report to Congress on efforts by the De- CDH will normally be diagnosed by a a genetic cause due to a chromosome partment of State and USAID to en- prenatal ultrasound, as early as the defect or genetic syndrome. According sure accountability for these violations 16th week of pregnancy. If undiagnosed to the CDC, babies born with CDH ex- and provide a review of the facts con- before birth, the baby may be born in a perience a high mortality rate ranging cerning any prosecution in the case of facility that is not equipped to treat from 20 percent to 60 percent depending Syrian crimes that could be defined its compromised system because many on the severity of the defect and the under universal jurisdiction. CDH babies will need to be placed on a treatments available at delivery. The This Monday marked the 20th anni- heart-lung bypass machine, which is mortality rate has remained stable versary of the genocide in Rwanda. Un- not available in many hospitals. All ba- since 1999. fortunately, we have not learned the bies born with CDH will need to be Approximately 40 percent of babies lessons of the past. We must do better cared for in a neonatal intensive care born with CDH will have other birth to not only see that sort of atrocities unit, NICU, and most will need defects in addition to CDH. The most never again occur under our watch, but extracorporeal membrane oxygenation, common is a congenital heart defect. to ensure that the perpetrators of such ECMO. Babies born with CDH today have a heinous crimes are held accountable Babies born with CDH will have dif- better chance of survival due to early for their actions. ficulty breathing as their lungs are detection and research on treatment Ignoring the crisis in Syria is both often too small, biochemically and options. Researchers are making great morally wrong and counterproductive structurally immature. As a result, the progress to determine the cause of this to our National security and that of babies are intubated as soon as they birth defect and to identify optimal our allies. War tactics employed in are born, and parents are often unable treatment methods for babies born Syria by government and some opposi- to hold their babies for weeks or even with CDH. The Centers for Disease Control and tion forces fly in the face of the rules months at a time. Prevention’s National Center on Birth of war. For the sake of our National se- Most diaphragmatic hernias are re- Defects and Developmental Disabil- curity interests and regional stability, paired with surgery 1 to 5 days after ities, NCBDDD and the National Birth we cannot turn a blind eye to these birth, usually with a GORE-TEX patch. Defects Prevention Network, NBDPN, heinous acts. The abdominal organs that have mi- collaborate to identify risk factors for I strongly believe that there are grated into the chest are put back birth defects and to assess the effect of times when the international commu- where they are supposed to be and the these birth defects on children, fami- nity must come together to end atroc- hole in the diaphragm is closed, hope- lies, and the healthcare system. ities, protect innocent lives from fully allowing the affected lungs to ex- NBDPN investigators are currently pand. Hospitalization often ranges crimes against humanity and hold ac- working to examine risk factors for from 3 weeks to 10 weeks following the countable the groups that perpetrate CDH and predictors of long-term sur- procedure, depending on the severity of them. vival for infants born with CDH, with The Syrian War Crimes Account- the condition. analysis planned in 2014 and publica- Survivors often have difficulty feed- ability Act of 2014 sends a strong mes- tion anticipated by 2015. sage to the international community ing, some require a second surgery to In addition, investigators at the Na- that the United States is firmly com- control reflux, others require a feeding tional Birth Defects Prevention Study, mitted to bringing all perpetrators of tube, and a few will reherniate and re- NBDPS, have proposed conducting spe- international crimes in Syria to jus- quire additional repair. cific research to better understand risk tice. I urge my Senate colleagues to Awareness, good prenatal care, early factors for CDH, as well as factors that join me in supporting this important diagnosis, and skilled treatment are predict improved survival rates for in- legislation. the keys to a greater survival rate in fants born with CDH. f these babies. That is why this resolu- In fiscal year 2013, NIH funded ap- tion is so important. proximately $2,560,000 in CDH research. NATIONAL CONGENITAL DIA- Within the last year, researchers PHRAGMATIC HERNIA AWARE- The Developmental Biology and identified a specific gene that may con- Structural Variations Branch, DBSVB, NESS MONTH tribute to CDH. The research found at the NIH is currently supporting a Mr. SESSIONS. Mr. President, I wish that an abnormality in a gene, Ndst1, collaboration between basic scientists to discuss S. Res. 414. I am pleased the could lead to the development of CDH. who study CDH and clinicians who Senate has unanimously declared April This study was conducted on mice, so work with CDH patients and their fam- as National Congenital Diaphragmatic more research is needed to determine ilies by working with the Massachu- Hernia Awareness Month for the sec- the role of this gene in humans. How- setts General Hospital and the Chil- ond consecutive year. I thank my ever, it certainly is a step in the right dren’s Hospital of Boston. The re- friend and able colleague, Senator BEN direction toward identifying the cause searchers then use the genetic informa- CARDIN of Maryland, for joining me in of this defect. tion and biological samples obtained this legislation. This resolution is very Congenital diaphragmatic hernia is a from patients and their families to important to me and my family, as my birth defect that occurs in 1 out of identify specific genes that could be in- grandson, Jim Beau, is a CDH survivor. every 3,817 live births worldwide. The volved in the defect. CDH is a birth defect that occurs CDC estimates that CDH affects 1,088 In 2009, my grandson Jim Beau was when the fetal diaphragm fails to fully babies in the U.S. each year. diagnosed with CDH during my daugh- develop. The lungs develop at the same Every 10 minutes a baby is born with ter Mary Abigail’s 34th week of preg- time as the diaphragm and the diges- CDH, adding up to more than 600,000 nancy. At that time, no one in my fam- tive system. When a diaphragmatic babies with CDH since just 2000. CDH is ily had heard of CDH before. Fortu- hernia occurs, the abdominal organs a severe, sometimes fatal defect that nately, she was referred to Dr. David move into and develop in the chest in- occurs nearly as often as cystic fibrosis Kays at Shands Children’s Hospital in stead of remaining in the abdomen. and spina bifida. Yet, most people have Gainesville, FL, who is a premier sur- With the heart, lungs, and abdominal never heard of CDH. The cause of CDH geon and expert on CDH. organs all taking up space in the chest, is unknown. Most cases of diaphrag- Jim Beau was born on November 30, the lungs do not have space to develop matic hernia are believed to be multi- 2009. My daughter and her husband properly. This may cause the lungs to factorial in origin, meaning both ge- Paul heard their son cry out twice be small and underdeveloped. netic and environmental are involved. after he was born, right before they A diaphragmatic hernia is a life- It is thought that multiple genes from intubated him, but they were not al- threatening condition. When the lungs both parents, as well as a number of lowed to hold him. do not develop properly during preg- environmental factors that scientists The doctors let his little lungs get nancy, it can be difficult for the baby do not yet fully understand, contribute strong before they did the surgery to

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2374 CONGRESSIONAL RECORD — SENATE April 10, 2014 correct the hernia when he was 4 days enactment of the Taiwan Relations formally recognized the Armenian old. Act, TRA, which has served as a tan- genocide. It turned out that the hole in the gible symbol of the unbreakable friend- That is why today’s passage by the hernia was large. His intestines, spleen ship between the United States and Senate Foreign Relations Committee and one kidney were up in his chest. Taiwan. Today, the partnership be- of the genocide resolution in advance The skilled surgeon was able to close tween our two countries is stronger of the 99th anniversary is so historic. I the hole and properly arrange the or- than ever. was proud to vote for this important gans. Thankfully, Jim Beau did not The 1979 Taiwan Relations Act pro- resolution today in committee, and I have to go on a heart/lung bypass ma- vides the framework for our official en- will keep fighting to ensure its passage chine, but he was on a ventilator for 12 gagements with Taiwan, which marked by the full Senate. I will continue to days and on oxygen for 36 days. In the end of our official diplomatic ties. work with the Armenian-American total, he was in the NICU for 43 days For 35 years the TRA has facilitated a community to build a prosperous and before he was able to go home. partnership committed to facilitating bright future for the Armenian people. He is now a healthy, high-spirited 4- trade, investment, security coopera- We must continue to stand with our year-old and a delight to be around. tion, and promoting regional security. ally Armenia to address the challenges Fortunately for my family and thou- The bilateral achievements made they face. Armenia is confronted with sands of similar families across the through the TRA have allowed our citi- blockades by Turkey and Azerbaijan— United States, a number of physicians zens to create innovative and lasting one of the longest lasting blockades in are doing incredible work to combat advancements to the world economy. modern history. The United States CDH. The CDH survival rate at Shands Today, Taiwan stands as our 12th larg- must provide increased assistance to Children’s Hospital in Gainesville, FL, est trading partner, and in 2013, the Armenia, work to promote trade with where my grandson was treated, is one United States and Taiwan traded over Armenia, and work to reestablish the of those fine centers. The survival rate $63 billion in goods and services. This Turkish Government’s commitment to of CDH babies born at Shands is be- bilateral relationship has supported normalized relations. And the United tween 80 percent and 90 percent. thousands of jobs in both countries, States should work to facilitate a clos- Dr. David Kays, the head physician and we must remain committed to the er relationship between Armenia and and who performed my grandson’s sur- mutual gains this collaboration can Europe. geries, uses gentle ventilation therapy provide. The Armenian people are true sur- as opposed to hyperventilation. Gentle I applaud our West Virginia busi- vivors. Despite repeated invasions, loss ventilation therapy is less aggressive nesses that have recognized the poten- of land, and the loss of between one- and therefore protects the under- tial of the Taiwanese economy and ex- half and three-quarters of their popu- developed lungs. ported over $41 million in commodities, lation in the genocide, the people of Dr. Kays published a paper in the An- high-tech goods, and services to Tai- Armenia have prevailed. nals of Surgery in October 2013 regard- wan last year. We must build on this We have a shared responsibility to ing his work with CDH babies. He and strong foundation while helping Tai- ensure that the Armenian people are his colleagues reviewed 208 CDH pa- wan meet its needs for foreign sources able to build their own independent tients to analyze the impact of the of energy. I will continue to seek op- and prosperous future. Together we can timing of the hernia repair on babies portunities for further trade integra- continue to build an Armenia that is born with CDH. This study found that tion with Taiwan and shared economic respected and honored by its allies and those with more severe CDH may ben- prosperity. neighbors. But for this to happen, there efit from repair before ECMO, while I look forward to working hand-in- needs to be universal acknowledgement those with a less severe hernia have hand with our friends in Taiwan to en- of the horror that was the Armenian higher survival rates and reduced need sure the next generation of American genocide. of ECMO if the repair surgery is de- leaders can stand where I stand today, layed at least 48 hours after birth, as 35 years from now, and celebrate sev- f was the case with Jim Beau. This con- eral more decades of peaceful and vi- TRIBUTE TO MARION LOOMIS clusion is a vital step in the develop- brant collaboration. Mr. BARRASSO. Mr. President, after ment of a risk-specific treatment strat- f egy for management of CDH. The final 38 years with the Wyoming Mining As- ARMENIAN GENOCIDE line of Dr. Kays’ paper should be noted: sociation, Marion Loomis is retiring. ANNIVERSARY [T]he survival attained in this large and Marion started his career in the early inclusive series of patients with CDH should Mr. MARKEY. Mr. President, the Ar- 1970s with the State of Wyoming’s De- be reassuring to physicians and parents faced menian genocide is sometimes called partment of Economic Planning and with a new prenatal diagnosis of CDH. the ‘‘forgotten genocide.’’ But every Development as an economic develop- My family was very lucky that Jim April, we come together to remember ment geologist. In one of his first jobs, Beau’s defect was caught before he was and commemorate the Armenian geno- he ran the fuel allocation office during born, and that he was in the right place cide and to declare that we will never the Arab oil embargo in 1973. In 1976, he to receive excellent care for his CDH. forget. joined the Wyoming Mining Associa- The resolution Senator CARDIN and I In order to prevent future genocides, tion and was made executive director introduced is important because it will we must clearly acknowledge and re- in 1991. His vast knowledge and experi- bring awareness to this birth defect, member those of the past. For many ence are tremendous assets to the and this awareness will save lives. Al- years the Congress has had before it a State and its people, and we are grate- though hundreds of thousands of babies resolution which clearly affirms the ful for his service. have been diagnosed with this defect, factual reality that the Armenian In Wyoming, we have adopted the the causes are still unknown and more genocide did occur. I was a strong and Code of the West as our official State research is needed. Every year more is vocal supporter of the genocide resolu- code of ethics. Marion Loomis personi- learned and there are more successes. tion for my entire tenure in the House, fies the code. This list of ten ideals We are making good progress and we and I am proud to have joined Senator every man and woman should live by must continue our efforts. MENENDEZ and Senator KIRK in intro- perfectly describes Marion’s personal— I hope my colleagues will join me in ducing the Armenian genocide resolu- and professional—demeanor. Marion supporting this legislation to bring tion in the Senate. Loomis takes quiet pride in his work. awareness to CDH. This is the 99th anniversary of the With his advocacy, Wyoming has seen f Armenian genocide, yet the suffering exponential growth in the coal indus- will continue for Armenians and non- try. When he began, Wyoming produced TAIWAN RELATIONS ACT 35TH Armenians alike as long as the world 8 million tons of coal annually. Today, ANNIVERSARY allows denial to exist and prevail. It is around 400 million tons of Wyoming Mr. MANCHIN. Mr. President, I wish long overdue for the United States to coal are mined and shipped nation- to celebrate the 35th anniversary of the join the many other nations that have wide—and worldwide.

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2375 Marion has never been one to boast care planning dictated exclusively by prove the value of the care that our or brag. Instead, he lets his accom- the terms of doctors and lawyers. Five seniors receive while rewarding pro- plishments speak for themselves. In Wishes takes into account personal, viders who keep patients healthy. We the past 40 years, Wyoming’s produc- emotional, and spiritual needs as well can do that by overhauling the Medi- tion of trona has grown from 1 mine as medical wishes. With a straight- care physician payment formula and that produced 300,000 tons per year to 4 forward, easy-to-complete question- implementing a system that rewards mines which produce over 10 million naire, Five Wishes takes end-of-life de- health care value over volume, and tons annually. When he speaks, people cision-making out of the emergency there has never been a better moment listen. They know that his opinions re- room and into the living room. to do that than now. Over the past 10 flect a lifetime of study and are tough, There are also areas where the Fed- years, Congress has spent $150 billion balanced, and fair. eral Government could help alleviate on short-term fixes; the Congressional Throughout his career, Marion some of the barriers individuals face in Budget Office estimated earlier this Loomis has been a champion for Wyo- trying to complete an advance direc- year that the cost of permanently re- ming energy. He was a steadfast leader tive. We know many people could use pealing the formula and replacing it for the Wyoming Mining Association the assistance of a trusted health care with a more sustainable program now during several boom and bust cycles in provider in completing an advance di- would be even lower than that total so energy development. The State’s ura- rective. In 2010, the Centers for Medi- far. For the first time since the passage nium production is a prime example. care and Medicaid Services—CMS—in- of our current formula, there was bi- He witnessed a booming industry stag- cluded advance care planning as a re- partisan, bicameral legislation to fully nate in the 1990s. Today, it has imbursable item as part of the annual repeal the Medicare physician payment emerged again as a valuable resource. wellness visit for Medicare bene- formula and replace it with a payment Marion has always promoted Wyoming ficiaries under the Affordable Care Act. system that would better reward physi- as a key player in our Nation’s quest Unfortunately, just a short time later, cians for providing high-value care. for energy independence. He truly does CMS reversed itself and removed this We have a unique opportunity to per- ride for the brand, and his leadership is service as reimbursable. I hope this de- manently solve this problem. Tem- inspiring. cision is revisited. porary patches—like the one just Marion retired from the Wyoming At the same time, there are efforts at passed—only perpetuate the instability Mining Association earlier this month. the State level. For example, in Flor- created by the annual threat of pay- He will be missed, but he has left both ida, a consortium of health care pro- ment reductions. This instability is the association and the industry viders, faith-based groups, and the bad for patients and bad for providers. stronger, thanks to his dedication and legal profession are collaborating to es- Take, for example, the young physician hard work. In the days ahead, Marion tablish the Physician Orders for Life- from Rogers, MN who recently called plans to fish the streams of Wyoming’s Sustaining Treatment program to en- my office to discuss how proposed pay- Bighorn Mountains, where he and his sure that advance directives are hon- ment cuts would affect his practice and wife have a cabin. I cannot think of a ored. his future. As a father and a new sur- more fitting reward for a job—and a ca- It is my hope Congress will support geon, this doctor described the chal- reer—well done. the goals of National Healthcare Deci- lenges of paying off high levels of debt f sions Day. Advance care planning is a and starting a new practice in a time of desired health service and should be a financial uncertainty. Temporary fixes NATIONAL HEALTHCARE normal part of health care. Advance will not help this young doctor to es- DECISIONS DAY care planning can empower individuals tablish a practice and provide the best Mr. NELSON. Mr. President, I wish and allow adults to voice their medical possible care to his patients. Stopgap to recognize National Healthcare Deci- treatment preferences. Together, we measures fail to address the underlying sions Day, which is next Wednesday, can ensure Americans’ wishes for med- problem with the way Medicare pays April 16, a day to educate the public ical care at the end of their lives are for physician services, and I am tired of about advance care planning and en- respected and achieved. postponing good policies that help sup- courage them to have conversations f port high-quality providers in Min- with loved ones to plan for end-of-life nesota. MEDICARE PHYSICIAN PAYMENT decisions. I am pleased that over 50 or- It is clear that now is time to perma- SYSTEM ganizations—representing health pro- nently repeal and replace the Medicare viders, communities of faith, the legal Mr. FRANKEN. Mr. President, re- physician payment formula. That is community, and the public sector—in cently the Senate failed to perma- why I did not support the legislation to Florida are participating in the day’s nently repeal the current system of temporarily patch our provider pay- events. automatic payment cuts for physicians ment system and why I am committed This issue has been important to me who treat Medicare patients and to re- to working towards a permanent solu- throughout my career, and as the place it with a more sensible system tion that would put in place a payment chairman of the Senate’s Special Com- for reimbursing physicians. Instead, system to reward high-value care. mittee on Aging, I had the opportunity the Senate voted—yet again—to pass a My goal is to make sure that Medi- to chair a hearing on end-of-life care short-term patch to this broken sys- care beneficiaries, now and in the fu- last June. We found that polls show tem, which postponed these payment ture, have access to high-quality, af- most Americans would like to talk cuts for one more year. fordable health care services. To about their advanced care needs, but After talking with Medicare pro- achieve this, Medicare must be on they do not know how or with whom to viders in my State, I decided to oppose sound financial footing and be prepared have these conversations. In fact, only this legislation since it provides only a to meet the needs of an aging baby about 20 percent of Americans have ex- bandaid for a wholly broken system. I boomer generation. ecuted an advanced directive, in part believe that an enduring solution is Replacing Medicare’s broken system due to a lack of knowledge about plan- possible and absolutely necessary, and of provider payments with a system to ning. I will continue to fight for a more sus- promote high-value care is a critical Our hearing also touched on some tainable replacement that rewards phy- step in this direction. I remain com- commonsense solutions that individ- sicians for the high-quality care they mitted to helping to take this step. uals have used to broach this topic deliver. Mr. CHAMBLISS. Mr. President, I with their loved ones. For example, Minnesota is No. 1 in the Nation rise today to pay tribute to an invalu- Aging with Dignity, an organization when it comes to the quality of the able member of my staff on the Select based in my home State of Florida, has health care that we provide. If our sys- Committee on Intelligence, Andrew created a simple resource called Five tem of reimbursement could reward Kerr. Andrew has been a familiar face Wishes that is focused on things that providers for their efficiency and qual- around the committee for the last 7 are meaningful for patients and fami- ity—rather than the quantity of the years, but he will leave us shortly to lies, rather than a system of advance services they administer—we could im- return to the State Department. I am

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2376 CONGRESSIONAL RECORD — SENATE April 10, 2014 honored to have the opportunity to graduating from Red Bank High industry. Through careful stewardship, thank Andrew for his service on the School, he attended Tennessee Tech and with the help of his wife Lucy, he committee, and I want to publicly note University. He returned to Chat- has built a company renowned for qual- my appreciation for his outstanding tanooga and began working for South- ity maple products. work. ern Champion Tray in 1976. The family produced maple syrup, Since becoming the vice chairman of During his 38 years of service to grew Christmas trees and consulted on the committee in 2011, I have often Southern Champion Tray, Tommy timber management. Today, David’s looked to Andrew for guidance and served in a variety of capacities, in- children, Ira and Emma, are integral to counsel on intelligence and counterter- cluding as a plant supervisor and most the operation, which includes more rorism matters. Despite the successes recently, as structural design manager. than 80 employees, maple syrup from or shortcomings of the intelligence Winning numerous design awards in 300 Vermont farms, and a 75,000 square- community, Andrew has always pro- the paper and box industry, his designs foot facility in Morrisville, VT. Butter- vided grounded and dependable advice. can be found in local companies such as nut Mountain Farm is more than just a He has also done extensive oversight Chattanooga Bakery and Top Flight. producer of maple syrup; it has also be- work designed to reduce excessive He distinguished himself within the come an effective marketer of a treas- spending and encourage efficiency in company by being the only employee ured product of Vermont. the intelligence community. to work in all three company loca- The family and the company have Andrew is a dedicated public servant tions—two in Chattanooga and one in been recognized for their success. Just and I am sure the State Department is Mansfield, TX. I wish him and his fam- a decade after the company’s founding, happy to have him return. His presence ily all the best as he finishes his im- for example, Butternut Mountain Farm will be missed on the committee and in pressive career at the end of this was named Vermont State Tree Farm the Senate, but I want to wish him well month.∑ of the Year and National Tree Farm of the Year by the American Forest Insti- as he returns to the Executive branch. f Thanks Andrew, for a job well done. tute. REMEMBERING VAL OGDEN The Marvins are encouraging a cul- Mr. President, I yield the floor. ∑ Mrs. MURRAY. Mr. President, I ture of conservation. Their Morrisville f would like to pay tribute to a strong operation is increasingly relying on re- ADDITIONAL STATEMENTS community leader, dedicated public newable energies and energy efficiency. servant, and advocate from the State The family has also developed a pay of Washington, Val Ogden. structure that seeks to reward employ- SOUTH ANCHORAGE HIGH SCHOOL Val was a longtime friend and I ees with flexible hours, to help reduce ∑ Mr. BEGICH. Mr. President, I wish to would not be where I am today without commuting costs, and a fair wage. pay tribute to South Anchorage High her support. It is also worth noting that the School as they celebrate their 10th an- She was a community advocate, in Marvin family’s business plays a cru- niversary. the truest and strongest sense of the cial role in supporting the jobs of Since opening 10 years ago, the South word, and she was a champion for countless Vermonters throughout the Anchorage High School Wolverines women and children. state who produce maple syrup which have excelled both academically and She was a member of the Washington is bottled by Butternut Mountain ∑ interscholastically by preparing stu- State House of Representatives, serv- Farm. dents for higher education and job ing as speaker pro tempore. f Val was a leader for her community, training. In addition to a full com- MESSAGES FROM THE PRESIDENT plement of advanced placement classes securing funding for Washington State University Vancouver. She was a Messages from the President of the for students, the Wolverines also annu- United States were communicated to ally achieve one of the highest gradua- strong Democrat and very active in the Clark County Democratic Party. Val the Senate by Mr. Pate, one of his sec- tion rates in the state at 88 percent. retaries. These academic achievements are a served as the executive director of the testament to the knowledgeable teach- Clark County YWCA. f ers, hard-working students, and sup- But you can’t talk about Val without EXECUTIVE MESSAGES REFERRED portive parents that call the south An- talking about her husband of 67 years, Dan. They were a team and were al- As in executive session the Presiding chorage area home. Officer laid before the Senate messages ways working together to make their Along with their academic achieve- from the President of the United ments, South Anchorage has also been community a better place to live. Val was also a very dedicated mother States submitting sundry nominations very successful in interscholastic ath- and grandmother. Along with Dan, she which were referred to the appropriate letic events. With over eight State is survived by three children: Dan, committees. championships in various sports over (The messages received today are Janeth and Patti, six grandchildren, the past few years, South High printed at the end of the Senate pro- and six great-grandchildren. School’s students have shown they can She will be missed by many but her ceedings.) excel in the classroom and on the field. legacy and leadership lives on. f On behalf of a grateful nation, I join Mr. President, I would like to ask my MESSAGES FROM THE HOUSE my colleagues today in recognizing colleagues to join me in paying homage South Anchorage High School on their At 1:15 p.m., a message from the to Val Ogden. She lived a full life and House of Representatives, delivered by 10th anniversary and wish them contin- our thoughts are with her loved ones at ued growth and success.∑ ∑ Mr. Novotny, one of its reading clerks, this time of great loss. announced that the House has passed f f the following bill, without amendment: TRIBUTE TO JOHN T. WATTS BUTTERNUT MOUNTAIN FARM S. 2195. An act to deny admission to the ∑ Mr. CORKER. Mr. President, I wish ∑ Mr. SANDERS. Mr. President, I wish United States to any representative to the to honor John T. Watts. Tommy, as he United Nations who has been found to have to bring to your attention to a remark- been engaged in espionage activities or a ter- is known to his friends and colleagues, able Vermont family. rorist activity against the United States and is a friend of mine. I know he is so The Marvin family has an incredible poses a threat to United States national se- proud of his three children, six grand- family tie to Vermont and to one of the curity interests. children, and five great-grandchildren. State’s best known products—maple The message also announced that the It is notable that his daughter Kim- syrup. David Marvin founded Butternut House agreed to the following concur- berly is married to former U.S. Con- Mountain Farm in 1972 on land his fa- rent resolution, without amendment: gressman Zach Wamp. ther purchased in Johnson, VT., in the S. Con. Res. 35. Concurrent resolution pro- A native of Old Hickory, TN, Tommy 1950s. viding for a conditional adjournment or re- moved to my hometown of Chat- David Marvin has a strong and endur- cess of the Senate and an adjournment of the tanooga, TN, at the age of 10. After ing commitment to an iconic Vermont House of Representatives.

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ENROLLED BILL SIGNED the report of a rule entitled ‘‘Generator communications Bureau, Federal Commu- At 3:41 p.m., a message from the Verification Reliability Standards’’ (Docket nications Commission, transmitting, pursu- House of Representatives, delivered by No. RM13–16–000) received in the Office of the ant to law, the report of a rule entitled Mr. Novotny, one of its reading clerks, President of the Senate on April 9, 2014; to ‘‘Amendment of the Commission’s Rules the Committee on Energy and Natural Re- with Regard to Commercial Operations in announced that the Speaker pro tem- sources. the 1695–1710 MHz, 1755–1780 MHz, and 2155– pore (Mr. THORNBERRY) had signed the EC–5298. A communication from the Direc- 2180 MHz Bands’’ ((GN Docket No. 13–185) following enrolled bill: tor, Equal Employment Opportunities and (FCC 14–31)) received in the Office of the S. 2195. An act to deny admission to the Diversity Programs, National Archives and President of the Senate on April 10, 2014; to United States to any representative to the Records Administration, transmitting, pur- the Committee on Commerce, Science, and United Nations who has been found to have suant to law, the Administration’s fiscal Transportation. been engaged in espionage activities or a ter- year 2013 annual report relative to the Noti- EC–5309. A communication from the Chief rorist activity against the United States and fication and Federal Employee Antidiscrimi- of Staff, Media Bureau, Federal Communica- poses a threat to United States national se- nation and Retaliation Act of 2002; to the tions Commission, transmitting, pursuant to curity interests. Committee on Homeland Security and Gov- law, the report of a rule entitled ‘‘Amend- ernmental Affairs. ment of the Commission’s Rules Related to The enrolled bill was subsequently EC–5299. A communication from the Acting Retransmission Consent, Report and Order signed by the President pro tempore Chairman of the National Endowment for and Further Notice of Proposed Rule- (Mr. LEAHY). the Arts, transmitting, pursuant to law, the making’’ (MB Docket No. 10–71, FCC 14–29) fiscal year 2013 annual report relative to the f received in the Office of the President of the Notification and Federal Employee Anti- Senate on April 10, 2014; to the Committee on ENROLLED BILL PRESENTED discrimination and Retaliation Act of 2002 Commerce, Science, and Transportation. (No FEAR Act); to the Committee on Home- The Secretary of the Senate reported EC–5310. A communication from the Direc- land Security and Governmental Affairs. tor of Congressional Affairs, Nuclear Regu- that on today, April 10, 2014, she had EC–5300. A communication from the Asso- latory Commission, transmitting, pursuant presented to the President of the ciate Commissioner, National Indian Gaming to law, the report of a rule entitled ‘‘General United States the following enrolled Commission, transmitting, pursuant to law, Site Suitability Criteria for Nuclear Power bill: the Commission’s fiscal year 2013 annual re- Stations’’ (Regulatory Guide 4.7, Revision 3) port relative to the Notification and Federal received in the Office of the President of the S. 2195. An act to deny admission to the Employee Antidiscrimination and Retalia- Senate on April 10, 2014; to the Committee on United States to any representative to the tion Act of 2002; to the Committee on Home- United Nations who has been found to have Environment and Public Works. land Security and Governmental Affairs. EC–5311. A communication from the Direc- been engaged in espionage activities or a ter- EC–5301. A communication from the Direc- tor of Congressional Affairs, Nuclear Regu- rorist activity against the United States and tor of the Federal Housing Finance Agency, latory Commission, transmitting, pursuant poses a threat to United States national se- transmitting, pursuant to law, the Agency’s to law, the report of a rule entitled ‘‘Re- curity interests. fiscal year 2013 annual report relative to the sponse Strategies for Potential Aircraft Notification and Federal Employee Anti- f Threats’’ (Regulatory Guide 1.214, Revision discrimination and Retaliation Act of 2002 EXECUTIVE AND OTHER (No FEAR Act); to the Committee on Home- 1) received in the Office of the President of COMMUNICATIONS land Security and Governmental Affairs. the Senate on April 10, 2014; to the Com- EC–5302. A communication from the Chair- mittee on Environment and Public Works. The following communications were man of the Council of the District of Colum- EC–5312. A communication from the Chief laid before the Senate, together with bia, transmitting, pursuant to law, a report of the Publications and Regulations Branch, accompanying papers, reports, and doc- on D.C. Act 20–304, ‘‘Belmont Park Designa- Internal Revenue Service, Department of the uments, and were referred as indicated: tion and Establishment Act of 2014’’; to the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Rollovers to Quali- EC–5293. A communication from the Asso- Committee on Homeland Security and Gov- ernmental Affairs. fied Plans’’ (Rev. Rul. 2014–9) received in the ciate Administrator of the Fruit and Vege- Office of the President of the Senate on April table Programs, Agricultural Marketing EC–5303. A communication from the Chair- man of the Council of the District of Colum- 8, 2014; to the Committee on Finance. Service, Department of Agriculture, trans- EC–5313. A communication from the Chief mitting, pursuant to law, the report of a rule bia, transmitting, pursuant to law, a report on D.C. Act 20–305, ‘‘Marijuana Possession of the Publications and Regulations Branch, entitled ‘‘Watermelon Research and Pro- Internal Revenue Service, Department of the motion Plan; Importer Membership Require- Decriminalization Amendment Act of 2014’’; to the Committee on Homeland Security and Treasury, transmitting, pursuant to law, the ments’’ (Docket No. AMS–FV–11–0031) re- report of a rule entitled ‘‘Health Insurance ceived in the Office of the President of the Governmental Affairs. EC–5304. A communication from the Chair- Providers Fee; Procedural and Administra- Senate on April 9, 2014; to the Committee on man of the Council of the District of Colum- tive Guidance’’ (Notice 2014–24) received in Agriculture, Nutrition, and Forestry. bia, transmitting, pursuant to law, a report the Office of the President of the Senate on EC–5294. A communication from the Assist- on D.C. Act 20–306, ‘‘DC Promise Establish- April 10, 2014; to the Committee on Finance. ant Secretary of Defense (Special Operations ment Act of 2014’’; to the Committee on EC–5314. A communication from the Assist- and Low Intensity Conflict), Performing the Homeland Security and Governmental Af- ant Secretary, Legislative Affairs, Depart- Duties of the Under Secretary of Defense fairs. ment of State, transmitting, pursuant to (Policy), Department of Defense, transmit- EC–5305. A joint communication from the law, a report relative to the United States- ting, pursuant to law, a report relative to Acting Under Secretary of Defense (Per- People’s Republic of China Science and Tech- the training of the U.S. Special Operations sonnel and Readiness) and the Chief of Staff nology Agreement of 1979; to the Committee Forces with friendly foreign forces during of the Department of Veterans Affairs, trans- on Foreign Relations. fiscal year 2013; to the Committee on Armed mitting, pursuant to law, a report relative to EC–5315. A communication from the Ad- Services. the activities of the Extremity Trauma and ministrator, General Services Administra- EC–5295. A communication from the Asso- Amputation Center of Excellence during fis- tion, transmitting, pursuant to law, the Ad- ciate Director for Regulatory Affairs, Office cal year 2013; to the Committee on Veterans’ ministration’s fiscal year 2013 report relative of Foreign Assets Control, Department of the Affairs. to the Notification and Federal Employee Treasury, transmitting, pursuant to law, the EC–5306. A communication from the Sec- Antidiscrimination and Retaliation Act of report of a rule entitled ‘‘Syrian Sanctions retary of the Treasury, transmitting, pursu- 2002 (No FEAR Act); to the Committee on Regulations’’ (31 CFR Part 542) received in ant to law, a six-month periodic report on Homeland Security and Governmental Af- the Office of the President of the Senate on the national emergency with respect to fairs. April 8, 2014; to the Committee on Banking, Syria that was declared in Executive Order EC–5316. A communication from the Gen- Housing, and Urban Affairs. 13338 of May 11, 2004; to the Committee on eral Counsel, Office of Management and EC–5296. A communication from the Gen- Banking, Housing, and Urban Affairs. Budget, Executive Office of the President, eral Counsel, Consumer Product Safety Com- EC–5307. A communication from the Assist- transmitting, pursuant to law, three (3) re- mission, transmitting, pursuant to law, the ant to the Board of Governors of the Federal ports relative to vacancies in the Office of report of a rule entitled ‘‘Safety Standard Reserve System, transmitting, pursuant to Management and Budget, received in the Of- for Soft Infant and Toddler Carriers’’ ((16 law, the report of a rule entitled ‘‘Enhanced fice of the President of the Senate on April CFR Part 1112 and 16 CFR Part 1226) (Docket Prudential Standards for Bank Holding Com- 10, 2014; to the Committee on Homeland Se- No. CPSC–2013–0014)) received in the Office of panies and Foreign Banking Organizations’’ curity and Governmental Affairs. the President of the Senate on April 9, 2014; (RIN7100–AD86) received in the Office of the EC–5317. A communication from the Sec- to the Committee on Commerce, Science, President of the Senate on April 9, 2014; to retary of Transportation, transmitting, pur- and Transportation. the Committee on Banking, Housing, and suant to law, the Department of Transpor- EC–5297. A communication from the Acting Urban Affairs. tation’s fiscal year 2013 annual report rel- General Counsel, Federal Energy Regulatory EC–5308. A communication from the Chief ative to the Notification and Federal Em- Commission, transmitting, pursuant to law, of the Broadband Division, Wireless Tele- ployee Antidiscrimination and Retaliation

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By Mr. CARDIN (for himself, Mr. was laid before the Senate and was re- Foreign Service nominations beginning LEAHY, Mr. DURBIN, Mr. WHITEHOUSE, ferred or ordered to lie on the table as with Julie Ann Koenen and ending with Mr. BOOKER, Mr. HARKIN, Mr. SAND- indicated: Brian Keith Woody, which nominations were ERS, and Mrs. GILLIBRAND): POM–223. A resolution adopted by the Leg- received by the Senate and appeared in the S. 2235. A bill to secure the Federal voting islature of Rockland County, New York urg- Congressional Record on January 30, 2014. rights of persons when released from incar- ing the United States House of Representa- (minus 1 nominee: Aaron Schubert) ceration; to the Committee on the Judiciary. Foreign Service nominations beginning tives to pass H.R. 2510—Helping Veterans Ex- By Mr. BROWN: posed to Toxic Chemicals Act; to the Com- with Ranya F. Abdelsayed and ending with S. 2236. A bill to amend the Public Health mittee on Veterans’ Affairs. Fireno F. Zora, which nominations were re- Service Act to enhance efforts to address ceived by the Senate and appeared in the antimicrobial resistance, and for other pur- f Congressional Record on January 9, 2014. poses; to the Committee on Health, Edu- Foreign Service nominations beginning REPORTS OF COMMITTEES cation, Labor, and Pensions. with Christopher David Frederick and ending The following reports of committees with Julio Maldonado, which nominations By Mr. HOEVEN (for himself and Ms. were received by the Senate and appeared in CANTWELL): were submitted: S. 2237. A bill to amend the Internal Rev- the Congressional Record on January 30, By Ms. LANDRIEU, from the Committee enue Code of 1986 to provide an elective safe on Energy and Natural Resources, without 2014. Foreign Service nominations beginning harbor for the expensing by small businesses amendment: with James Benjamin Green and ending with of the costs of acquiring or producing tan- H.R. 507. A bill to provide for the convey- Geoffrey W. Wiggin, which nominations were gible property; to the Committee on Fi- ance of certain land inholdings owned by the received by the Senate and appeared in the nance. United States to the Pascua Yaqui Tribe of Congressional Record on January 30, 2014. By Mr. COATS (for himself, Mr. COR- Arizona, and for other purposes (Rept. No. Foreign Service nominations beginning NYN, Mr. GRAHAM, Mr. KIRK, Mr. 113–148). with Scott Thomas Bruns and ending with MCCONNELL, Mr. BLUNT, Mr. WICKER, H.R. 862. A bill to authorize the convey- Janelle Weyek, which nominations were re- Mr. HATCH, Mr. RISCH, Mr. RUBIO, Mr. ance of two small parcels of land within the ceived by the Senate and appeared in the ENZI, and Mr. PORTMAN): boundaries of the Coconino National Forest Congressional Record on January 30, 2014. S. 2238. A bill to ensure that the United containing private improvements that were Foreign Service nominations beginning States Government in no way recognizes developed based upon the reliance of the with Roberta Mahoney and ending with Ann Russia’s annexation of Crimea; to the Com- landowners in an erroneous survey con- Marie Yastishock, which nominations were mittee on Foreign Relations. ducted in May 1960 (Rept. No. 113–149). received by the Senate and appeared in the By Mr. JOHNSON of Wisconsin (for H.R. 876. A bill to authorize the continued Congressional Record on January 30, 2014. himself and Mr. WARNER): use of certain water diversions located on (minus 3 nominees: Susan K. Brems; Sharon S. 2239. A bill to amend the Internal Rev- National Forest System land in the Frank Lee Cromer; R. Douglass Arbuckle) enue Code of 1986 to permit the Secretary of Church-River of No Return Wilderness and Foreign Service nominations beginning the Treasury to disclose certain return infor- the Selway-Bitterroot Wilderness in the with Kathleen M. Adams and ending with mation related to identity theft, and for State of Idaho, and for other purposes (Rept. Sean Young, which nominations were re- other purposes; to the Committee on Fi- No. 113–150). ceived by the Senate and appeared in the nance. H.R. 1158. A bill to direct the Secretary of Congressional Record on January 30, 2014. By Mr. COONS (for Mr.COBURN (for the Interior to continue stocking fish in cer- Foreign Service nominations beginning himself, Mr. COONS, and Mr. tain lakes in the North Cascades National with Kate E. Addison and ending with Wil- BLUMENTHAL)): Park, Ross Lake National Recreation Area, liam F. Zeman, which nominations were re- S. 2240. A bill to amend title XVIII of the and Lake Chelan National Recreation Area ceived by the Senate and appeared in the Social Security Act to encourage Medicare (Rept. No. 113–151). Congressional Record on January 30, 2014. beneficiaries to voluntarily adopt advance By Mr. SCHUMER, from the Committee on Foreign Service nominations beginning directives guiding the medical care they re- Rules and Administration, with an amend- with Gerald Michael Feierstein and ending ceive; to the Committee on Finance. ment in the nature of a substitute: with David Michael Satterfield, which nomi- By Mr. BEGICH: S. 1728. A bill to amend the Uniformed and nations were received by the Senate and ap- S. 2241. A bill to enhance the safety of Overseas Citizens Absentee Voting Act to peared in the Congressional Record on Janu- drug-free playgrounds; to the Committee on improve ballot accessibility to uniformed ary 30, 2014. (minus 3 nominees: Douglas A. the Judiciary. services voters and overseas voters, and for Koneff; Leslie Meredith Tsou; Lon C. Fair- By Mr. COATS: other purposes. child) S. 2242. A bill to establish the prudential Foreign Service nominations beginning By Mr. SCHUMER, from the Committee on regulator of community and independent de- with Matthew D. Lowe and ending with Wil- Rules and Administration, without amend- pository institutions as the conduit and arbi- bur G. Zehr, which nominations were re- ment: ter of all Federal financial oversight, exam- ceived by the Senate and appeared in the S. 1937. A bill to amend the Help America ination, and reporting; to the Committee on Congressional Record on January 30, 2014. Banking, Housing, and Urban Affairs. Vote Act of 2002 to require States to develop Foreign Service nominations beginning contingency plans to address unexpected By Mrs. MURRAY: with Kevin Timothy Covert and ending with S. 2243. A bill to expand eligibility for the emergencies or natural disasters that may Paul Wulfsberg, which nominations were re- program of comprehensive assistance for threaten to disrupt the administration of an ceived by the Senate and appeared in the family caregivers of the Department of Vet- election for Federal office, and for other pur- Congressional Record on January 30, 2014. erans Affairs, to expand benefits available to poses. Foreign Service nominations beginning participants under such program, to enhance S. 1947. A bill to rename the Government with Beata Angelica and ending with Ben- special compensation for members of the Printing Office the Government Publishing jamin Beardsley Dille, which nominations uniformed services who require assistance in Office, and for other purposes. were received by the Senate and appeared in everyday life, and for other purposes; to the S. 2197. A bill to repeal certain require- the Congressional Record on January 30, Committee on Veterans’ Affairs. ments regarding newspaper advertising of 2014. (minus 1 nominee: Daniel Menco Hirsch) By Mr. SCHUMER (for himself, Mr. Senate stationery contracts. Foreign Service nominations beginning KIRK, Mr. REED, Mr. HELLER, Mr. with Mark L. Driver and ending with Karl f MURPHY, Mr. JOHANNS, Mr. WARNER, William Wurster, which nominations were EXECUTIVE REPORTS OF Mr. BLUNT, and Mr. MENENDEZ): received by the Senate and appeared in the S. 2244. A bill to extend the termination COMMITTEE Congressional Record on February 10, 2014. date of the Terrorism Insurance Program es- Foreign Service nominations beginning tablished under the Terrorism Risk Insur- The following executive reports of with Scott S. Sindelar and ending with ance Act of 2002, and for other purposes; to nominations were submitted: Christine M. Sloop, which nominations were Mr. MENENDEZ. Mr. President, for received by the Senate and appeared in the the Committee on Banking, Housing, and the Committee on Foreign Relations I Congressional Record on February 10, 2014. Urban Affairs. By Mr. BEGICH (for himself and Mr. report favorably the following nomina- (Nominations without an asterisk CARPER): tion lists which were printed in the were reported with the recommenda- S. 2245. A bill to amend the District of Co- RECORDs on the dates indicated, and tion that they be confirmed.) lumbia Home Rule Act to streamline the

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2379 District’s legislative process and conserve HOUSE, Mr. FRANKEN, Mr. BOOKER, (Mr. PRYOR) was added as a cosponsor taxpayer dollars; to the Committee on Mr. CASEY, Mrs. GILLIBRAND, Mr. of S. 576, a bill to reform laws relating Homeland Security and Governmental Af- MARKEY, and Mr. MERKLEY): to small public housing agencies, and fairs. S. 2254. A bill to amend the Omnibus Crime for other purposes. By Mr. BEGICH (for himself and Mr. Control and Safe Streets Act of 1968 to en- CARPER): hance the COPS ON THE BEAT grant pro- S. 734 S. 2246. A bill to amend the District of Co- gram, and for other purposes; to the Com- At the request of Mr. NELSON, the lumbia Home Rule Act to permit the Govern- mittee on the Judiciary. name of the Senator from Arkansas ment of the District of Columbia to deter- By Mr. MCCAIN (for himself and Mr. (Mr. BOOZMAN) was added as a cospon- mine the fiscal year period, to make local MENENDEZ): funds of the District of Columbia for a fiscal sor of S. 734, a bill to amend title 10, S. 2255. A bill to remove the Kurdistan United States Code, to repeal the re- year available for use by the District upon Democratic Party and the Patriotic Union of enactment of the local budget act for the Kurdistan from treatment as terrorist orga- quirement for reduction of survivor an- year subject to a period of Congressional re- nizations and for other purposes; to the Com- nuities under the Survivor Benefit view, and for other purposes; to the Com- mittee on the Judiciary. Plan by veterans’ dependency and in- mittee on Homeland Security and Govern- demnity compensation. mental Affairs. f S. 917 By Mrs. MCCASKILL: S. 2247. A bill to prohibit the awarding of a SUBMISSION OF CONCURRENT AND At the request of Mr. CARDIN, the contract or grant in excess of the simplified SENATE RESOLUTIONS name of the Senator from Illinois (Mr. acquisition threshold unless the prospective The following concurrent resolutions KIRK) was added as a cosponsor of S. contractor or grantee certifies in writing to 917, a bill to amend the Internal Rev- the agency awarding the contract or grant and Senate resolutions were read, and that the contractor or grantee has no seri- referred (or acted upon), as indicated: enue Code of 1986 to provide a reduced ously delinquent tax debts, and for other By Ms. MIKULSKI (for herself and Mr. rate of excise tax on beer produced do- purposes; to the Committee on Homeland Se- HARKIN): mestically by certain qualifying pro- curity and Governmental Affairs. S. Res. 420. A resolution designating the ducers. By Mr. FRANKEN: week of October 6 through October 12, 2014, S. 1163 S. 2248. A bill to amend the Richard B. Rus- as ‘‘Naturopathic Medicine Week’’ to recog- At the request of Mr. CARPER, the sell National School Lunch Act and the nize the value of naturopathic medicine in Child Nutrition Act of 1966 to increase the providing safe, effective, and affordable name of the Senator from Pennsyl- number of children eligible for free school health care; to the Committee on the Judici- vania (Mr. TOOMEY) was added as a co- meals, with a phased-in transition period, ary. sponsor of S. 1163, a bill to amend the with an offset; to the Committee on Finance. By Mr. BOOZMAN (for himself and Ms. Internal Revenue Code of 1986 to in- By Mr. FRANKEN (for himself and Ms. LANDRIEU): clude automated fire sprinkler system KLOBUCHAR): S. Res. 421. A resolution expressing the retrofits as section 179 property and S. 2249. A bill to amend the Indian Tribal gratitude and appreciation of the Senate for Judgment Funds Use or Distribution Act to classify certain automated fire sprin- the acts of heroism and military achieve- kler system retrofits as 15-year prop- extend a certain income tax exemption to ment by the members of the United States the Grand Portage Band of Lake Superior Armed Forces who participated in the June erty for purposes of depreciation. Chippewa Indians; to the Committee on Fi- 6, 1944, amphibious landing at Normandy, S. 1174 nance. France, and commending them for leadership At the request of Mr. BLUMENTHAL, By Ms. KLOBUCHAR (for herself, Mr. and valor in an operation that helped bring the name of the Senator from Mary- BLUNT, Mr. BEGICH, Mr. KIRK, Mr. an end to World War II; to the Committee on SCHATZ, Mr. WICKER, Mr. REID, Mr. land (Ms. MIKULSKI) was added as a co- Foreign Relations. sponsor of S. 1174, a bill to award a HELLER, Mr. SCHUMER, Ms. AYOTTE, By Mr. REID (for himself and Mr. Congressional Gold Medal to the 65th Mr. WARNER, Mr. GRAHAM, Ms. MCCONNELL): HIRONO, Mr. CHAMBLISS, Mr. DURBIN, S. Res. 422. A resolution to authorize writ- Infantry Regiment, known as the Mr. BOOZMAN, Mr. NELSON, Mr. ten testimony, document production, and Borinqueneers. HOEVEN, Mr. BLUMENTHAL, Mr. representation in Montana Fish, Wildlife and S. 1189 HATCH, Ms. MURKOWSKI, Mr. VITTER, Parks Foundation, Inc. v. United States; At the request of Mr. MENENDEZ, the Ms. COLLINS, Mrs. SHAHEEN, and Ms. considered and agreed to. MIKULSKI): name of the Senator from New Jersey S. 2250. A bill to extend the Travel Pro- f (Mr. BOOKER) was added as a cosponsor motion Act of 2009, and for other purposes; to of S. 1189, a bill to adjust the bound- ADDITIONAL COSPONSORS the Committee on Commerce, Science, and aries of Paterson Great Falls National Transportation. S. 162 Historical Park to include Hinchliffe By Mr. CASEY (for himself and Mr. At the request of Mr. FRANKEN, the Stadium, and for other purposes. FRANKEN): S. 2251. A bill to amend the Older Ameri- name of the Senator from Louisiana S. 1431 cans Act of 1965 to develop and test an ex- (Ms. LANDRIEU) was added as a cospon- At the request of Mr. THUNE, the panded and advanced role for direct care sor of S. 162, a bill to reauthorize and name of the Senator from Kentucky workers who provide long-term services and improve the Mentally Ill Offender (Mr. MCCONNELL) was added as a co- supports to older individuals in efforts to co- Treatment and Crime Reduction Act of sponsor of S. 1431, a bill to perma- ordinate care and improve the efficiency of 2004. service delivery; to the Committee on nently extend the Internet Tax Free- Health, Education, Labor, and Pensions. S. 367 dom Act. By Mr. VITTER (for himself, Ms. At the request of Mr. CARDIN, the S. 1468 HEITKAMP, and Mr. KIRK): name of the Senator from New York At the request of Mr. UDALL of New S. 2252. A bill to reaffirm the importance of (Mrs. GILLIBRAND) was added as a co- Mexico, his name was added as a co- community banking and community bank- sponsor of S. 367, a bill to amend title sponsor of S. 1468, a bill to require the ing regulatory experience on the Federal Re- XVIII of the Social Security Act to re- serve Board of Governors, to ensure that the Secretary of Commerce to establish Federal Reserve Board of Governors has a peal the Medicare outpatient rehabili- the Network for Manufacturing Inno- member who has previous experience in com- tation therapy caps. vation and for other purposes. munity banking or community banking su- S. 489 S. 1500 pervision, and for other purposes; to the At the request of Mr. THUNE, the At the request of Mr. CORNYN, the Committee on Banking, Housing, and Urban name of the Senator from Arizona (Mr. Affairs. name of the Senator from Pennsyl- By Mr. FRANKEN (for himself, Mr. FLAKE) was added as a cosponsor of S. vania (Mr. TOOMEY) was added as a co- KIRK, and Ms. KLOBUCHAR): 489, a bill to amend the Tariff Act of sponsor of S. 1500, a bill to declare the S. 2253. A bill to amend the Patient Protec- 1930 to increase and adjust for inflation November 5, 2009, attack at Fort Hood, tion and Affordable Care Act to provide for a the maximum value of articles that Texas, a terrorist attack, and to ensure temporary shift in the scheduled collection may be imported duty-free by one per- that the victims of the attack and of the transitional reinsurance program pay- son on one day, and for other purposes. ments; to the Committee on Health, Edu- their families receive the same honors cation, Labor, and Pensions. S. 576 and benefits as those Americans who By Ms. KLOBUCHAR (for herself, Mr. At the request of Mr. JOHANNS, the have been killed or wounded in a com- SCHUMER, Mr. LEAHY, Mr. WHITE- name of the Senator from Arkansas bat zone overseas and their families.

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2380 CONGRESSIONAL RECORD — SENATE April 10, 2014 S. 1507 BROWN), the Senator from Pennsyl- clean cookstoves and fuels to save At the request of Mr. MORAN, the vania (Mr. TOOMEY) and the Senator lives, improve livelihoods, empower name of the Senator from Wyoming from Michigan (Ms. STABENOW) were women, and protect the environment (Mr. ENZI) was added as a cosponsor of added as cosponsors of S. 1862, a bill to by creating a thriving global market S. 1507, a bill to amend the Internal grant the Congressional Gold Medal, for clean and efficient household cook- Revenue Code of 1986 to clarify the collectively, to the Monuments Men, in ing solutions. treatment of general welfare benefits recognition of their heroic role in the S. 2103 provided by Indian tribes. preservation, protection, and restitu- At the request of Mr. BOOZMAN, the S. 1530 tion of monuments, works of art, and name of the Senator from Wyoming At the request of Ms. LANDRIEU, the artifacts of cultural importance during (Mr. ENZI) was added as a cosponsor of names of the Senator from Pennsyl- and following World War II. S. 2103, a bill to direct the Adminis- vania (Mr. CASEY) and the Senator S. 1975 trator of the Federal Aviation Admin- from (Mr. KING) were added as At the request of Mrs. GILLIBRAND, istration to issue or revise regulations cosponsors of S. 1530, a bill to realign the names of the Senator from Ken- with respect to the medical certifi- structures and reallocate resources in tucky (Mr. PAUL) and the Senator from cation of certain small aircraft pilots, the Federal Government, in keeping Maryland (Ms. MIKULSKI) were added as and for other purposes. with the core American belief that cosponsors of S. 1975, a bill to amend S. 2140 families are the best protection for the Internal Revenue Code of 1986 to At the request of Mr. HEINRICH, the children and the bedrock of any soci- provide an above-the-line deduction for name of the Senator from Texas (Mr. ety, to bolster United States diplomacy child care expenses, and for other pur- CORNYN) was added as a cosponsor of S. and assistance targeted at ensuring poses. 2140, a bill to improve the transition that every child can grow up in a per- S. 1996 between experimental permits and manent, safe, nurturing, and loving At the request of Mrs. HAGAN, the commercial licenses for commercial re- family, and to strengthen intercountry names of the Senator from Missouri usable launch vehicles. adoption to the United States and (Mrs. MCCASKILL), the Senator from S. 2163 around the world and ensure that it be- New Hampshire (Ms. AYOTTE), the Sen- At the request of Mr. UDALL of Colo- comes a viable and fully developed op- ator from Montana (Mr. WALSH) and rado, the name of the Senator from tion for providing families for children the Senator from North Carolina (Mr. Michigan (Ms. STABENOW) was added as in need, and for other purposes. BURR) were added as cosponsors of S. a cosponsor of S. 2163, a bill to estab- S. 1622 1996, a bill to protect and enhance op- lish an emergency watershed protec- At the request of Ms. HEITKAMP, the portunities for recreational hunting, tion disaster assistance fund to be name of the Senator from New Mexico fishing, and shooting, and for other available to the Secretary of Agri- (Mr. HEINRICH) was added as a cospon- purposes. culture to provide assistance for any sor of S. 1622, a bill to establish the S. 2037 natural disaster. Alyce Spotted Bear and Walter At the request of Mr. ROBERTS, the S. 2178 Soboleff Commission on Native Chil- names of the Senator from South Da- At the request of Mr. ALEXANDER, the dren, and for other purposes. kota (Mr. THUNE) and the Senator from name of the Senator from Texas (Mr. S. 1645 Mississippi (Mr. WICKER) were added as CORNYN) was added as a cosponsor of S. At the request of Mr. BROWN, the cosponsors of S. 2037, a bill to amend 2178, a bill to amend the National name of the Senator from Rhode Island title XVIII of the Social Security Act Labor Relations Act with respect to (Mr. WHITEHOUSE) was added as a co- to remove the 96-hour physician certifi- the timing of elections and pre-election sponsor of S. 1645, a bill to limit the cation requirement for inpatient crit- hearings and the identification of pre- authority of States to tax certain in- ical access hospital services. election issues, and to require that lists of employees eligible to vote in come of employees for employment du- S. 2078 organizing elections be provided to the ties performed in other States. At the request of Mrs. SHAHEEN, the National Labor Relations Board. S. 1728 name of the Senator from Maine (Ms. S. 2182 At the request of Mr. CORNYN, the COLLINS) was added as a cosponsor of S. At the request of Mr. WALSH, the names of the Senator from Minnesota 2078, a bill to prohibit Federal funding name of the Senator from Oregon (Mr. (Ms. KLOBUCHAR) and the Senator from for motorcycle checkpoints, and for WYDEN) was added as a cosponsor of S. Arkansas (Mr. PRYOR) were added as other purposes. 2182, a bill to expand and improve care cosponsors of S. 1728, a bill to amend S. 2082 the Uniformed and Overseas Citizens provided to veterans and members of At the request of Mr. MENENDEZ, the the Armed Forces with mental health Absentee Voting Act to improve ballot name of the Senator from Illinois (Mr. accessibility to uniformed services vot- disorders or at risk of suicide, to re- KIRK) was added as a cosponsor of S. view the terms or characterization of ers and overseas voters, and for other 2082, a bill to provide for the develop- purposes. the discharge or separation of certain ment of criteria under the Medicare individuals from the Armed Forces, to S. 1802 program for medically necessary short require a pilot program on loan repay- At the request of Mr. DONNELLY, the inpatient hospital stays, and for other ment for psychiatrists who agree to name of the Senator from Arkansas purposes. serve in the Veterans Health Adminis- (Mr. BOOZMAN) was added as a cospon- S. 2091 tration of the Department of Veterans sor of S. 1802, a bill to provide equal At the request of Mr. HELLER, the Affairs, and for other purposes. treatment for utility special entities names of the Senator from Pennsyl- S. 2223 using utility operations-related swaps, vania (Mr. TOOMEY) and the Senator At the request of Mr. HARKIN, the and for other purposes. from South Dakota (Mr. THUNE) were names of the Senator from Missouri S. 1839 added as cosponsors of S. 2091, a bill to (Mrs. MCCASKILL), the Senator from At the request of Mr. BEGICH, the amend title 38, United States Code, to Ohio (Mr. BROWN), the Senator from name of the Senator from New Hamp- improve the processing by the Depart- Rhode Island (Mr. REED), the Senator shire (Mrs. SHAHEEN) was added as a co- ment of Veterans Affairs of claims for from New Mexico (Mr. UDALL), the Sen- sponsor of S. 1839, a bill to make cer- benefits under laws administered by ator from Maryland (Ms. MIKULSKI), tain luggage and travel articles eligible the Secretary of Veterans Affairs, and the Senator from Illinois (Mr. DURBIN), for duty-free treatment under the Gen- for other purposes. the Senator from Massachusetts (Ms. eralized System of Preferences, and for S. 2100 WARREN), the Senator from California other purposes. At the request of Ms. COLLINS, the (Mrs. FEINSTEIN), the Senator from S. 1862 name of the Senator from Connecticut Maryland (Mr. CARDIN), the Senator At the request of Mr. BLUNT, the (Mr. MURPHY) was added as a cosponsor from Oregon (Mr. WYDEN), the Senator names of the Senator from Ohio (Mr. of S. 2100, a bill to promote the use of from Minnesota (Mr. FRANKEN), the

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2381 Senator from Delaware (Mr. COONS) literacy tests, and disenfranchisement order to regain their right to vote. Sev- and the Senator from Florida (Mr. NEL- measures. Some disenfranchisement eral States deny the right to vote to SON) were added as cosponsors of S. measures applied to misdemeanor con- individuals convicted of certain mis- 2223, a bill to provide for an increase in victions and in practice could result in demeanors. States are slowly moving the Federal minimum wage and to lifetime disenfranchisement, even for or repeal or loosen many of these bar- amend the Internal Revenue Code of individuals that successfully re- riers to voting for ex-prisoners. 1986 to extend increased expensing lim- integrated into their communities as An estimated 5,850,000 citizens of the itations and the treatment of certain law-abiding citizens. United States, or about 1 in 40 adults in real property as section 179 property. It took Congress and the States near- the United States, currently cannot S. CON. RES. 34 ly another century to eliminate the vote as a result of a felony conviction. At the request of Mr. RUBIO, the poll tax, upon the ratification of the Of the 5,850,000 citizens barred from name of the Senator from Utah (Mr. Twenty-Fourth Amendment in 1964. voting, only 25 percent are in prison. HATCH) was added as a cosponsor of S. The Amendment provides that ‘‘the By contrast, 75 percent of the disen- Con. Res. 34, a concurrent resolution rights of citizens of the United States franchised reside in their communities expressing the sense of Congress that to vote in any primary or other elec- while on probation or parole after hav- the President should hold the Russian tion for President or Vice President, or ing completed their sentences. Ap- Federation accountable for being in for Senator or Representative in Con- proximately 2,600,000 citizens who have material breach of its obligations gress, shall not be denied or abridged completed their sentences remain dis- under the Intermediate-Range Nuclear by the United States or any State by enfranchised due to restrictive State Forces Treaty. reason of failure to pay any poll tax or laws. In six States: Alabama, Florida, other tax.’’ Kentucky, Mississippi, Tennessee, and S. RES. 413 Shortly thereafter Congress enacted Virginia—more than 7 percent of the At the request of Mr. COONS, the the Voting Rights Act of 1965, which total population is disenfranchised. names of the Senator from Maryland swept away numerous State laws and Studies show that a growing number (Mr. CARDIN) and the Senator from New procedures that had denied African- of African-American men, for example, Hampshire (Mrs. SHAHEEN) were added Americans and other minorities their will be disenfranchised at some point as cosponsors of S. Res. 413, a resolu- constitutional right to vote. For exam- in their life, partly due to mandatory tion recognizing 20 years since the ple, the act outlawed the use of lit- minimum sentencing laws that have a genocide in Rwanda, and affirming it is eracy or history tests that voters had disproportionate impact on minorities. in the national interest of the United to pass before registering to vote or Eight percent of the African-Amer- States to work in close coordination casting their ballot. ican population, or 2 million African- with international partners to help The act specifically prohibits States Americans, are disenfranchised. Given prevent and mitigate acts of genocide from imposing any ‘‘voting qualifica- current rates of incarceration, approxi- and mass atrocities. tion or prerequisite to voting, or stand- mately 1 in 3 of the next generation of f ard, practice, or procedure . . . to deny African-American men will be disen- or abridge the right of any citizen of franchised at some point during their STATEMENTS ON INTRODUCED the United States to vote on account of lifetime. Currently, 1 of every 13 Afri- BILLS AND JOINT RESOLUTIONS race or color.’’ Congress overwhelm- can-Americans are rendered unable to By Mr. CARDIN (for himself, Mr. ingly reauthorized the Act in 2006, vote because of felony disenfranchise- LEAHY, Mr. DURBIN, Mr. WHITE- which was signed into law by President ment, which is a rate 4 times greater HOUSE, Mr. BOOKER, Mr. HAR- George W. Bush. Congress is now work- than non African-Americans. Nearly 8 KIN, Mr. SANDERS, and Mrs. ing on legislation to revitalize the VRA percent of African-Americans are dis- GILLIBRAND): after recent Supreme Court decisions enfranchised, compared to less than 2 S. 2235. A bill to secure the Federal curtailed its reach. percent of non-African-Americans. In 3 voting rights of persons when released In 2014, I am concerned that there are states more than 1 in 5 African-Ameri- from incarceration; to the Committee still several areas where the legacy of cans are unable to vote because of prior on the Judiciary. Jim Crow laws and State disenfran- convictions: the rates are Florida at 23 Mr. CARDIN. Mr. President, today I chisement statutes lead to unfairness percent, Kentucky at 22 percent, and am pleased to introduce the Democracy in Federal elections. First, State laws Virginia at 20 percent. Restoration Act, known as the DRA. I governing the restoration of voting Latino citizens are disproportion- want to thank Judiciary Committee rights vary widely throughout the ately disenfranchised based on their Chairman LEAHY and Senators DURBIN, country, such that persons in some disproportionate representation in the WHITEHOUSE, BOOKER, HARKIN, and States can easily regain their voting criminal justice system. If current in- SANDERS as original cosponsors of this rights, while in other States persons ef- carceration trends hold, 17 percent of legislation. fectively lose their right to vote per- Latino men will be incarcerated during As the late Senator Kennedy often manently. Second, these State dis- their lifetime, in contrast to less than said, civil rights is the ‘‘unfinished enfranchisement laws have a dispropor- 6 percent of non-Latino white men. business’’ of America. The Democracy tionate impact on racial and ethnic mi- When analyzing the data across 10 Restoration Act would restore voting norities. Third, this patchwork of States, Latinos generally have dis- rights in Federal elections to approxi- State laws results in the lack of a uni- proportionately higher rates of dis- mately 5.8 million citizens who have form standard for eligibility to vote in enfranchisement compared to their been released from prison and are back Federal elections, and leads to an un- presence in the voting age population. living in their communities. fair disparity and unequal participa- In 6 out of 10 States studies in 2003, After the Civil War, Congress enacted tion in Federal elections based solely Latinos constitute more than 10 per- and the States ratified the Fifteenth on where an individual lives. Finally, cent of the total number of persons dis- Amendment, which provides that ‘‘the studies indicate that former prisoners enfranchised by State felony laws. In 4 right of citizens of the United States to who have voting rights restored are States, California, 37 percent; New vote shall not be denied or abridged by less likely to reoffend, and disenfran- York, 34 percent; Texas, 30 percent; and the United States or by any State on chisement hinders their rehabilitation Arizona, 27 percent, Latinos were dis- account of race, color, or previous con- and reintegration into their commu- enfranchised by a rate of more than 25 dition of servitude. The Congress shall nity. percent. Native Americans are also dis- have power to enforce this article by In 35 States, convicted individuals proportionately disenfranchised. appropriate legislation.’’ may not vote while they are on parole. Congress has addressed part of this Unfortunately, many States passed In 11 States, a conviction can result in problem by enacting the Fair Sen- laws during the Jim Crow period after lifetime disenfranchisement. Several tencing Act to partially reduce the sen- the Civil War to make it more difficult States require prisoners to seek discre- tencing disparity between crack co- for newly-freed slaves to vote in elec- tionary pardons from Governors, or ac- caine and powder cocaine convictions. tions. Such laws included poll taxes, tion by the parole or pardon board, in Congress is now considering legislation

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2382 CONGRESSIONAL RECORD — SENATE April 10, 2014 that would more broadly revise manda- called on elected officials to reexamine Later in life he was diagnosed with tory sentencing procedures and create disenfranchisement statutes and enact multiple sclerosis. Eventually he be- a fairer system of sentencing. While I reforms to restore voting rights. came too sick to work at the little welcome these steps, I believe that I therefore urge Congress to address five-and-dime store he managed, and Congress should take stronger action the issue of disenfranchisement and my mom became his caregiver. This now to remedy this particular problem. support this legislation. was no small burden for my mom, who The legislation would restore voting had to raise seven children, care for my rights to prisoners after their release By Mrs. MURRAY: dad, and was now all of a sudden the from incarceration. It requires that S. 2243. A bill to expand eligibility for primary source of income for our fam- prisons receiving Federal funds notify the program of comprehensive assist- ily. people about their right to vote in Fed- ance for family caregivers of the De- Today, after more than a decade of eral elections when they are leaving partment of Veterans Affairs, to ex- two wars, men and women in uniform, prison, sentenced to probation, or con- pand benefits available to participants as did my father, have done everything victed of a misdemeanor. The bill au- under such program, to enhance special that has been asked of them and so thorizes the Department of Justice and compensation for members of the uni- much more. But now, as our role in individuals harmed by violation of this formed services who require assistance this conflict winds down, the support act to sue to enforce its provisions. The in everyday life, and for other pur- we provide cannot end when the war no bill generally provides State election poses; to the Committee on Veterans’ longer leads the nightly news broad- officials with a grace period to resolve Affairs. casts and disappears from the front voter eligibility complaints without a Mrs. MURRAY. Mr. President, I come pages of our newspapers. It is an endur- lawsuit before an election. to the floor today to introduce the ing commitment for those who will The legislation is narrowly crafted to Military and Veteran Caregiver Serv- first need help now or those who will apply to Federal elections, and retains ices Improvement Act. This is a bill need help later in their lives. It is a the States’ authorities to generally es- that will make critical improvements lifetime of care for so many. tablish voting qualifications. This leg- to how we support our ill and injured In so many cases, the responsibility islation is therefore consistent with veterans and their caregivers. Congressional authority under the Con- I am especially pleased to be joined for providing that care often falls on stitution and voting rights statutes, as this morning by our former colleague the loved ones of severely injured vet- interpreted by the U.S. Supreme Court. Senator Elizabeth Dole, who has come erans. Their courage and their devotion I am pleased that this legislation has to the floor today and who has been in taking on these responsibilities is been endorsed by a large coalition of such a tremendous and invaluable per- inspiring for all of us. They are the rea- public interest organizations, includ- son in working to bring these caregiver son we created the VA caregivers pro- ing: civil rights and reform organiza- issues to national attention. I really gram, which now provides these family tions; religious and faith-based organi- appreciate her being here and being members with health care and coun- zations; and law enforcement and such a champion on this, and a leader. seling and training and respite and a criminal justice organizations. In par- She has brought people from all over living stipend. ticular I want to thank the Brennan the country together to make a dif- I was proud to lead congressional ef- Center for Justice, the ACLU, the ference for our caregivers and for our forts to push the VA to stop delaying Leadership Conference on Civil and veterans. the implementation of the caregivers Human Rights, and the NAACP for We also have many of the very care- program and restore the eligibility cri- their work on this legislation. givers this bill is designed to help—rep- teria to the intent of the law. Thank- This legislation is ultimately de- resenting, by the way, almost every fully, as we know, in the end the White signed to reduce recidivism rates and State—in the gallery today to see this House and the VA announced they help reintegrate ex-prisoners back into legislation introduced. I am very proud would allow more caregivers of more society. When prisoners are released, they are here. It is incredibly impor- veterans to be eligible for benefits and they are expected to obey the law, get tant that they are here today and on finally got the program implemented. a job, and pay taxes as they are reha- Capitol Hill because, as the Presiding But there is a lot more we can do be- bilitated and reintegrated into their Officer knows, our caregivers work ex- cause, as the RAND study clearly community. With these responsibilities tremely hard without any recognition, shows us, caregivers are still strug- and obligations of citizenship should and they rarely ask for anything for gling. Military caregivers have signifi- also come the rights of citizenship, in- themselves. In fact, most of the care- cantly worse health than noncare- cluding the right to vote. givers I have met sound much like the givers, and they are at higher risk for In 2008, President George W. Bush depression. The stress they live under signed the Second Chance Act into law, veterans and servicemembers they care for when they say: Oh, this isn’t about jeopardizes their relationships and puts after overwhelming approval and them at greater risk of divorce, and strong bipartisan support in Congress. me; I am just doing my part. So last week, when RAND released they have trouble with employment The legislation expanded the Prison and keeping health insurance. There is Re-Entry Initiative, by providing job their comprehensive, groundbreaking study on military caregivers, they no way we will sit by and let caregivers training, placement services, transi- and veterans face this on their own— tional housing, drug treatment, med- chose a very appropriate title: ‘‘Hidden Heroes.’’ That is why it is so important not when we can make it a little bit ical care, and faith-based mentoring. easier. At the signing ceremony, President to have all of those caregivers here The bill we are introducing this Bush said: ‘‘We believe that even those today and working constantly to make who have struggled with a dark past sure we all understand what they do. morning, the Military and Veterans can find brighter days ahead. One way I am very proud to be introducing Caregivers and Services Improvement we act on that belief is by helping this bill not only as a Senator and a Act, makes some broad changes to help former prisoners who have paid for senior member of the Veterans’ Affairs give caregivers and veterans the tools their crimes. We help them build new Committee and someone who has they need to help tackle what they lives as productive members of our so- fought so hard for the implementation face. I wish to take a moment on the ciety.’’ of the VA caregivers program, but, as floor today to highlight just a few of The Democracy Restoration Act is many of my colleagues know, for me, the important provisions contained in fully consistent with the goals of the this is really a deeply personal issue. this bill. Second Chance Act, as Congress and Growing up, I saw firsthand the many First and foremost, this bill will the States seek to reduce recidivism ways military service can affect both make veterans of all eras eligible for rates, strengthen the quality of life in veterans and their families. My father the full range of caregiver support our communities and make them safer, served in World War II. He was among services. We took an important first and reduce the burden on taxpayers. the first soldiers to land in Okinawa. step in creating the post-9/11 veterans More recently, in a February 2014 He came home as a disabled veteran caregivers program. Now that the VA speech, Attorney General Eric Holder and was awarded the Purple Heart. has had some time to get this program

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2383 working, it is time for us to get serv- erage. Meanwhile, the RAND study (A) in clause (ii), by striking ‘‘; or’’ and in- ices to our older veterans who are also found that 62 percent of post-9/11 care- serting a semicolon; in great need. givers reported financial strain because (B) by redesignating clause (iii) as clause The bill also expands eligibility for (iv); and of their caregiving. (C) by inserting after clause (ii) the fol- the VA caregivers program by recog- I know this is important because I lowing new clause (iii): nizing a wider array of needs which saw it in my family. For my family, ‘‘(iii) a need for regular or extensive in- may require caregiving, placing great- the additional education my mom ob- struction or supervision in completing two er emphasis on mental health injuries tained got her a better job so she could or more instrumental activities of daily liv- and removing restrictions on who is el- support her family while she was car- ing; or’’. igible to become a caregiver. ing for my dad. It is what made the dif- (4) EXPANSION OF SERVICES PROVIDED.—Sub- Under the bill, caregiver services will ference. section (a)(3)(A)(ii) of such section is amend- also be expanded to include childcare, ed— I want to again thank some key peo- (A) in subclause (IV), by striking ‘‘; and’’ financial advice, and legal counseling. ple who have been true leaders to get and inserting a semicolon; Those are some of the top and cur- this to this point. (B) in subclause (V), by striking the period rently unmet needs of family care- I again want to thank Senator Dole at the end and inserting a semicolon; and givers. and her great staff at the Elizabeth (C) by adding at the end the following new The bill will also require the Federal Dole Foundation for keeping our coun- subclauses: Government to meet the unique needs try focused on the needs of our mili- ‘‘(VI) child care services or a monthly sti- of employees who are caregivers with tary and veteran caregivers and for pend for such services if such services are not readily available from the Department; flexible work arrangements so they can bringing such national momentum to stay employed while caring for their ‘‘(VII) financial planning services relating make the changes we need. to the needs of injured and ill veterans and veteran. I, of course, want to see all I also want to thank the Wounded their caregivers; and employers make these kinds of accom- Warrior Project, which was a driving ‘‘(VIII) legal services, including legal ad- modations for caregivers, but I want force in creating the very first VA vice and consultation, relating to the needs the Federal Government to lead by ex- caregivers program. They have pro- of injured and ill veterans and their care- ample. vided invaluable advice in developing givers.’’. When it comes to the Department of the bill I am introducing today. (5) EXPANSION OF RESPITE CARE PROVIDED.— Defense, the bill makes several im- Finally, I really want to thank the Subsection (a)(3)(B) of such section is provements to the special compensa- amended by striking ‘‘shall be’’ and all that outstanding folks at the RAND Cor- follows through the period at the end and in- tion for assistance with activities of poration. They have put together a serting ‘‘shall— daily living—first, by making those truly groundbreaking study that takes ‘‘(i) be medically and age-appropriate; benefits tax exempt, and second, eligi- stock of where care and benefits have ‘‘(ii) include in-home care; and bility for special compensation would fallen short, where new needs are ‘‘(iii) include peer-oriented group activi- also be set at a more appropriate level emerging, and how we can make it ties.’’. of disability and would be more inclu- easier for veterans to get the care and (6) MODIFICATION OF STIPEND CALCULA- sive of mental health injuries and TBI. benefits they deserve. TION.—Subsection (a)(3)(C) of such section is amended— The Military and Veteran Caregiver There are many ways for the whole Services Improvement Act also ad- (A) by redesignating clause (iii) as clause country—government, nonprofits, busi- (iv); and dresses a key theme identified by nesses, community leaders, faith lead- (B) by inserting after clause (ii) the fol- RAND. There are many services inside ers—to do more to help. For all of us in lowing new clause (iii): the government and outside to assist Congress, that starts with passing this ‘‘(iii) In determining the amount and de- caregivers, but these programs are not legislation to help our hidden heroes— gree of personal services provided under clause (i) with respect to an eligible veteran coordinated. Eligibility criteria are dif- our military and veteran caregivers. ferent for each one of them, and there whose need for personal care services is I again want to thank all of our tre- based in whole or in part on a need for super- is not enough oversight to ensure the mendous caregivers in this country for vision or protection under paragraph quality of those services. So what our their service, for not asking for help, as (2)(C)(ii) or regular instruction or super- bill does is create a national inter- they should. We are the ones who need vision in completing tasks under paragraph agency working group on caregiver to ask for help for them and to be there (2)(C)(iii), the Secretary shall take into ac- services. It will coordinate caregiver to provide it. count the following: ‘‘(I) The assessment by the family care- policy among all the different depart- Mr. President, I ask unanimous con- ments and create standards of care and giver of the needs and limitations of the vet- sent that the text of the bill be printed eran. oversight tools to make sure our vet- in the RECORD. ‘‘(II) The extent to which the veteran can erans and their caregivers receive high- There being no objection, the text of function safely and independently in the ab- quality services. the bill was ordered to be printed in sence of such supervision, protection, or in- The last provision I wish to highlight the RECORD, as follows: struction. is intended to help a military spouse S. 2243 ‘‘(III) The amount of time required for the who may be required to become the pri- family caregiver to provide such supervision, Be it enacted by the Senate and House of Rep- mary source of income for the family protection, or instruction to the veteran.’’. resentatives of the United States of America in (7) PERIODIC EVALUATION OF NEED FOR CER- after the servicemember has been in- Congress assembled, jured, just as my mom was. In order to TAIN SERVICES.—Subsection (a)(3) of such sec- SECTION 1. SHORT TITLE. tion is amended by adding at the end the fol- help that spouse get the job they need This Act may be cited as the ‘‘Military and lowing new subparagraph: to support the family, this bill will Veteran Caregiver Services Improvement ‘‘(D) In providing instruction, preparation, allow the injured servicemember or Act of 2014’’. and training under subparagraph (A)(i)(I) and veteran to transfer their post-9/11 GI SEC. 2. EXPANSION OF ELIGIBILITY FOR PARTICI- technical support under subparagraph bill benefits to their dependents by ex- PATION IN AND SERVICES PRO- (A)(i)(II) to each family caregiver who is ap- empting them from the length of serv- VIDED UNDER FAMILY CAREGIVER proved as a provider of personal care services PROGRAM OF DEPARTMENT OF VET- for an eligible veteran under paragraph (6), ice requirements that would currently ERANS AFFAIRS. prevent them from transferring those the Secretary shall periodically evaluate the (a) FAMILY CAREGIVER PROGRAM.— needs of the eligible veteran and the skills of benefits. Injured veterans should not be (1) EXPANSION OF ELIGIBILITY.—Subsection the family caregiver of such veteran to de- penalized because their injury occurred (a)(2)(B) of section 1720G of title 38, United termine if additional instruction, prepara- early in their service. States Code, is amended by striking ‘‘on or tion, training, or technical support under This provision is extremely impor- after September 11, 2001’’. those subparagraphs is necessary.’’. tant because for 2013 the unemploy- (2) CLARIFICATION OF ELIGIBILITY FOR ILL- (b) REPEAL OF GENERAL CAREGIVER SUP- ment rate for people with bachelor’s NESS.—Such subsection is further amended PORT PROGRAM.—Such section is amended by by inserting ‘‘or illness’’ after ‘‘serious in- degrees was only 4 percent—about one- striking subsection (b). jury’’. (c) PROVISION OF ASSISTANCE TO CARE- third lower than the national average— (3) EXPANSION OF NEEDED SERVICES IN ELIGI- GIVERS OF CERTAIN VETERANS.—Such section and their median weekly earnings were BILITY CRITERIA.—Subsection (a)(2)(C) of such is further amended by inserting after sub- 34 percent higher than the national av- section is amended— section (a) the following new subsection (b):

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‘‘(b) PROVISION OF ASSISTANCE TO CARE- ‘‘(H) Such recommendations, including rec- ‘‘(f) TIME FOR TRANSFER; REVOCATION AND GIVERS OF CERTAIN VETERANS.—(1) In pro- ommendations for legislative or administra- MODIFICATION.—(1) Transfer of entitlement viding assistance under subsection (a) to tive action, as the Secretary considers ap- to educational assistance under this section family caregivers of eligible veterans who propriate in light of carrying out such pro- shall be subject to the time limitation for were discharged from the Armed Forces be- gram.’’. use of entitlement under section 3321 of this fore September 11, 2001, the Secretary may (g) CONFORMING AMENDMENTS.— title. enter into memoranda of understanding with (1) ELIGIBLE VETERAN.—Subsection (a)(2) of ‘‘(2)(A) An individual transferring entitle- agencies, States, and other entities to pro- such section is amended, in the matter pre- ment under this section may modify or re- vide such assistance to such veterans. ceding subparagraph (A), by striking ‘‘sub- voke at any time the transfer of any unused ‘‘(2) The Secretary may provide assistance section’’ and inserting ‘‘section’’. portion of the entitlement so transferred. under this subsection only if such assistance (2) DEFINITIONS.—Subsection (d) of such ‘‘(B) The modification or revocation of the is reasonably accessible to the veteran and is section is amended— transfer of entitlement under this paragraph substantially equivalent or better in quality (A) in paragraph (1), by striking ‘‘under shall be made by the submittal of written to similar services provided by the Depart- subsection (a) or a covered veteran under notice of the action to the Secretary. ment. subsection (b)’’; ‘‘(3) The Secretary may provide fair com- ‘‘(3) Entitlement transferred under this (B) in paragraph (2), by striking ‘‘under pensation to entities that provide assistance section may not be treated as marital prop- under this subsection pursuant to memo- subsection (a)’’; erty, or the asset of a marital estate, subject randa of understanding entered into under (C) in paragraph (3), by striking ‘‘under to division in a divorce or other civil pro- paragraph (1). subsection (a)’’; and ceeding. ‘‘(4) In carrying out this subsection, the (D) in paragraph (4), in the matter pre- ‘‘(g) COMMENCEMENT OF USE.—A dependent Secretary shall work with the interagency ceding subparagraph (A), by striking ‘‘under child to whom entitlement to educational as- working group on policies relating to care- subsection (a) or a covered veteran under sistance is transferred under this section givers of veterans and members of the Armed subsection (b)’’; and may not commence the use of the trans- Forces established under section 7 of the (3) COUNSELING, TRAINING, AND MENTAL ferred entitlement until either— Military and Veteran Caregiver Services Im- HEALTH SERVICES.—Section 1782(c)(2) of title ‘‘(1) the completion by the child of the re- provement Act of 2014.’’. 38, United States Code, is amended by strik- quirements of a secondary school diploma (or (d) MODIFICATION OF DEFINITION OF FAMILY ing ‘‘or a caregiver of a covered veteran’’. equivalency certificate); or MEMBER.—Subparagraph (B) of subsection SEC. 3. AUTHORITY TO TRANSFER ENTITLEMENT ‘‘(2) the attainment by the child of 18 years (d)(3) of such section is amended to read as TO POST-9/11 EDUCATION ASSIST- of age. follows: ANCE TO FAMILY MEMBERS BY SERI- ‘‘(h) ADDITIONAL ADMINISTRATIVE MAT- ‘‘(B) is not a member of the family of the OUSLY INJURED VETERANS IN NEED TERS.—(1) The use of any entitlement to edu- veteran and does not provide care to the vet- OF PERSONAL CARE SERVICES. cational assistance transferred under this eran on a professional basis.’’. (a) IN GENERAL.—Subchapter II of chapter section shall be charged against the entitle- (e) MODIFICATION OF DEFINITION OF PER- 33 of title 38, United States Code, is amended ment of the individual making the transfer SONAL CARE SERVICES.—Subsection (d)(4) of by adding at the end the following new sec- at the rate of one month for each month of such section is amended— tion: transferred entitlement that is used. (1) in subparagraph (A), by striking ‘‘inde- ‘‘§ 3319A. Authority to transfer unused edu- ‘‘(2) Except as provided under subsection pendent’’; cation benefits to family members by seri- (e)(2) and subject to paragraphs (5) and (6), a (2) by redesignating subparagraph (B) as ously injured veterans dependent to whom entitlement is trans- subparagraph (D); and ‘‘(a) IN GENERAL.—Subject to the provi- ferred under this section is entitled to edu- (3) by inserting after subparagraph (A) the sions of this section, the Secretary may per- cational assistance under this chapter in the following new subparagraphs: same manner as the individual from whom ‘‘(B) Supervision or protection based on mit an individual described in subsection (b) the entitlement was transferred. symptoms or residuals of neurological or who is entitled to educational assistance ‘‘(3) The monthly rate of educational as- other impairment or injury. under this chapter to elect to transfer to one sistance payable to a dependent to whom en- ‘‘(C) Regular or extensive instruction or or more of the dependents specified in sub- titlement referred to in paragraph (2) is supervision in completing two or more in- section (c) a portion of such individual’s en- strumental activities of daily living.’’. titlement to such assistance, subject to the transferred under this section shall be pay- (f) ANNUAL EVALUATION REPORT.— limitation under subsection (d). able at the same rate as such entitlement (1) IN GENERAL.—Paragraph (2) of section ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual would otherwise be payable under this chap- 101(c) of the Caregivers and Veterans Omni- referred to in subsection (a) is any individual ter to the individual making the transfer. bus Health Services Act of 2010 (Public Law who— ‘‘(4) The death of an individual transferring 111–163; 38 U.S.C. 1720G note) is amended to ‘‘(1) retired for physical disability under an entitlement under this section shall not read as follows: chapter 61 of title 10; or affect the use of the entitlement by the de- ‘‘(2) CONTENTS.—Each report required by ‘‘(2) is described in paragraph (2) of section pendent to whom the entitlement is trans- paragraph (1) after the date of the enactment 1720G(a) of this title and who is participating ferred. of the Military and Veteran Caregiver Serv- in the program established under paragraph ‘‘(5)(A) A child to whom entitlement is ices Improvement Act of 2014 shall include (1) of such section. transferred under this section may use the the following with respect to the program of ‘‘(c) ELIGIBLE DEPENDENTS.—An individual benefits transferred without regard to the 15- comprehensive assistance for family care- approved to transfer an entitlement to edu- year delimiting date specified in section 3321 givers required by subsection (a)(1) of such cational assistance under this section may of this title, but may not, except as provided section 1720G: transfer the individual’s entitlement as fol- in subparagraph (B), use any benefits so ‘‘(A) The number of family caregivers that lows: transferred after attaining the age of 26 received assistance under such program. ‘‘(1) To the individual’s spouse. years. ‘‘(B) The cost to the Department of pro- ‘‘(2) To one or more of the individual’s chil- ‘‘(B)(i) Subject to clause (ii), in the case of viding assistance under such program. dren. a child who, before attaining the age of 26 ‘‘(C) A description of the outcomes ‘‘(3) To a combination of the individuals re- years, is prevented from pursuing a chosen achieved by, and any measurable benefits of, ferred to in paragraphs (1) and (2). program of education by reason of acting as carrying out such program. ‘‘(d) LIMITATION ON MONTHS OF TRANSFER.— the primary provider of personal care serv- ‘‘(D) An assessment of the effectiveness (1) The total number of months of entitle- ices for a veteran or member of the Armed and the efficiency of the implementation of ment transferred by a individual under this Forces under section 1720G(a) of this title, such program, including a description of any section may not exceed 36 months. the child may use the benefits beginning on barriers to accessing and receiving care and ‘‘(2) The Secretary may prescribe regula- the date specified in clause (iii) for a period services under such program. tions that would limit the months of entitle- whose length is specified in clause (iv). ‘‘(E) A description of the outreach activi- ment that may be transferred under this sec- ‘‘(ii) Clause (i) shall not apply with respect ties carried out by the Secretary under such tion to no less than 18 months. to the period of an individual as a primary program. ‘‘(e) DESIGNATION OF TRANSFEREE.—An in- provider of personal care services if the pe- ‘‘(F) An assessment of the manner in which dividual transferring an entitlement to edu- riod concludes with the revocation of the in- resources are expended by the Secretary cational assistance under this section shall— dividual’s designation as such a primary pro- under such program, particularly with re- ‘‘(1) designate the dependent or dependents vider under section 1720G(a)(7)(D) of this spect to the provision of monthly personal to whom such entitlement is being trans- title. caregiver stipends under subsection ferred; ‘‘(iii) The date specified in this clause for (a)(3)(A)(ii)(V) of such section 1720G. ‘‘(2) designate the number of months of the beginning of the use of benefits by a ‘‘(G) An evaluation of the sufficiency and such entitlement to be transferred to each child under clause (i) is the later of— consistency of the training provided to fam- such dependent; and ‘‘(I) the date on which the child ceases act- ily caregivers under such program in pre- ‘‘(3) specify the period for which the trans- ing as the primary provider of personal care paring family caregivers to provide care to fer shall be effective for each dependent des- services for the veteran or member con- veterans under such program. ignated under paragraph (1). cerned as described in clause (i);

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2385 ‘‘(II) the date on which it is reasonably fea- ‘‘3319. Authority to transfer unused edu- ‘‘(3) renders the afflicted person in need of sible, as determined under regulations pre- cation benefits to family mem- regular or extensive instruction or super- scribed by the Secretary, for the child to ini- bers by members of the Armed vision in completing two or more instru- tiate or resume the use of benefits; or Forces. mental activities of daily living; or ‘‘(III) the date on which the child attains ‘‘3319A. Authority to transfer unused edu- ‘‘(4) otherwise impairs the afflicted person the age of 26 years. cation benefits to family mem- in such manner as the Secretary of Defense ‘‘(iv) The length of the period specified in bers by seriously injured vet- (or the Secretary of Homeland Security, this clause for the use of benefits by a child erans.’’. with respect to the Coast Guard) prescribes under clause (i) is the length equal to the SEC. 4. ENHANCEMENT OF SPECIAL COMPENSA- for purposes of this section.’’. length of the period that— TION FOR MEMBERS OF THE UNI- (e) CLERICAL AMENDMENTS.— ‘‘(I) begins on the date on which the child FORMED SERVICES WITH INJURIES (1) HEADING AMENDMENT.—The heading for begins acting as the primary provider of per- OR ILLNESSES REQUIRING ASSIST- such section is amended to read as follows: ANCE IN EVERYDAY LIVING. sonal care services for the veteran or mem- (a) EXPANSION OF COVERED MEMBERS.—Sub- ‘‘§ 439. Special compensation: members of the ber concerned as described in clause (i); and section (b) of section 439 of title 37, United uniformed services with serious injuries or ‘‘(II) ends on the later of— States Code, is amended— illnesses requiring assistance in everyday ‘‘(aa) the date on which the child ceases (1) by striking paragraphs (1) through (3) living’’. acting as the primary provider of personal and inserting the following new paragraphs: (2) TABLE OF SECTIONS AMENDMENT.—The care services for the veteran or member as ‘‘(1) has a serious injury or illness that was table of sections at the beginning of chapter described in clause (i); or incurred or aggravated in the line of duty; 7 of such title is amended by striking the ‘‘(bb) the date on which it is reasonably ‘‘(2) is in need of personal care services (in- item relating to section 439 and inserting the feasible, as so determined, for the child to cluding supervision or protection or regular following new item: initiate or resume the use of benefits. instruction or supervision) as a result of ‘‘439. Special compensation: members of the ‘‘(6) The purposes for which a dependent to such injury or illness; and’’; and uniformed services with serious whom entitlement is transferred under this (2) by redesignating paragraph (4) as para- injuries or illnesses requiring section may use such entitlement shall in- graph (3). assistance in everyday living.’’. clude the pursuit and completion of the re- (b) NONTAXABILITY OF SPECIAL COMPENSA- SEC. 5. FLEXIBLE WORK ARRANGEMENTS FOR quirements of a secondary school diploma (or TION.—Such section is further amended— CERTAIN FEDERAL EMPLOYEES. equivalency certificate). (1) by redesignating subsections (e), (f), (g), (a) DEFINITION OF COVERED EMPLOYEE.—In ‘‘(7) The administrative provisions of this and (h) as subsections (g), (h), (i) and (j), re- this section, the term ‘‘covered employee’’ chapter shall apply to the use of entitlement spectively; and means an employee (as defined in section transferred under this section, except that (2) by inserting after subsection (d) the fol- 2105 of title 5, United States Code) who— the dependent to whom the entitlement is lowing new subsection (e): (1) is a caregiver, as defined in section transferred shall be treated as the eligible ‘‘(e) NONTAXABILITY OF COMPENSATION.— 1720G of title 38, United States Code; or individual for purposes of such provisions. Monthly special compensation paid under (2) is a caregiver of an individual who re- ‘‘(i) OVERPAYMENT.—(1) In the event of an subsection (a) shall not be included in in- ceives compensation under section 439 of overpayment of educational assistance with come for purposes of the Internal Revenue title 37, United States Code. respect to a dependent to whom entitlement Code of 1986.’’. (b) AUTHORITY TO ALLOW FLEXIBLE WORK is transferred under this section, the depend- (c) PROVISION OF ASSISTANCE TO FAMILY ARRANGEMENTS.—The Director of the Office ent and the individual making the transfer CAREGIVERS.—Such section is further amend- of Personnel Management may promulgate shall be jointly and severally liable to the ed by inserting after subsection (e), as regulations under which a covered employee United States for the amount of the overpay- amended by subsection (b) of this section, may— ment for purposes of section 3685 of this the following new subsection (f): (1) use a flexible schedule or compressed ‘‘(f) ASSISTANCE FOR FAMILY CAREGIVERS.— title. schedule in accordance with subchapter II of (1) The Secretary of Veterans Affairs shall ‘‘(2)(A) Except as provided in subparagraph chapter 61 of title 5, United States Code; or provide family caregivers of a member in re- (B), if an individual transferring entitlement (2) telework in accordance with chapter 65 ceipt of monthly special compensation under under this section fails to complete the serv- of title 5, United States Code. ice agreed to by the individual under sub- subsection (a) the assistance required to be provided to family caregivers of eligible vet- SEC. 6. LIFESPAN RESPITE CARE. section (b)(1) in accordance with the terms of (a) DEFINITIONS.—Section 2901 of the Public the agreement of the individual under that erans under section 1720G(a)(3)(A) of title 38 (other than the monthly personal caregiver Health Service Act (42 U.S.C. 300ii) is amend- subsection, the amount of any transferred ed— entitlement under this section that is used stipend provided for in clause (ii)(V) of such section). For purposes of the provision of (1) in paragraph (1)— by a dependent of the individual as of the (A) by redesignating subparagraphs (A) date of such failure shall be treated as an such assistance under this subsection, the definitions in section 1720G(d) of title 38 through (C) as clauses (i) through (iii), re- overpayment of educational assistance under spectively, and realigning the margins ac- paragraph (1). shall apply, except that any reference in such definitions to a veteran or eligible vet- cordingly; ‘‘(B) Subparagraph (A) shall not apply in eran shall be deemed to be a reference to the (B) by striking ‘‘who requires care or su- the case of an individual who fails to com- member concerned. pervision to—’’ and inserting ‘‘who— plete service agreed to by the individual— ‘‘(2) The Secretary of Veterans Affairs ‘‘(A) requires care or supervision to—’’; ‘‘(i) by reason of the death of the indi- shall provide assistance under this sub- (C) by striking the period and inserting ‘‘; vidual; or section— or’’; and ‘‘(ii) for a reason referred to in section ‘‘(A) in accordance with a memorandum of (D) by adding at the end the following: 3311(c)(4) of this title. understanding entered into by the Secretary ‘‘(B) is a veteran participating in the pro- ‘‘(j) REGULATIONS.—(1) The Secretary shall of Veterans Affairs and the Secretary of De- gram of comprehensive assistance for family prescribe regulations to carry out this sec- fense; and caregivers under section 1720G of title 38, tion. ‘‘(B) in accordance with a memorandum of United States Code.’’; and ‘‘(2) Such regulations shall specify— understanding entered into by the Secretary (2) in paragraph (5), by striking ‘‘or an- ‘‘(A) the manner of authorizing the trans- of Veterans Affairs and the Secretary of other unpaid adult,’’ and inserting ‘‘another fer of entitlements under this section; Homeland Security (with respect to mem- unpaid adult, or a family caregiver as de- ‘‘(B) the eligibility criteria in accordance bers of the Coast Guard).’’. fined in section 1720G of title 38, United with subsection (b); and (d) EXPANSION OF COVERED INJURIES AND States Code, who receives compensation ‘‘(C) the manner and effect of an election ILLNESSES.—Subsection (i) of such section, as under such section,’’. to modify or revoke a transfer of entitlement redesignated by subsection (b)(1) of this sec- (b) GRANTS AND COOPERATIVE AGREE- under subsection (f)(2).’’. tion, is amended to read as follows: MENTS.—Section 2902(c) of the Public Health (b) CONFORMING AMENDMENTS.— ‘‘(i) SERIOUS INJURY OR ILLNESS DEFINED.— Service Act (42 U.S.C. 300ii-1(c)) is amended (1) TRANSFERS BY MEMBERS OF ARMED In this section, the term ‘serious injury or by inserting ‘‘and the interagency working FORCES.—The heading of section 3319 of such illness’ means an injury, disorder, or illness group on policies relating to caregivers of title is amended by inserting ‘‘by members of (including traumatic brain injury, psycho- veterans established under section 7 of the the Armed Forces’’ after ‘‘family members’’. logical trauma, or other mental disorder) Military and Veteran Caregiver Services Im- (2) BAR TO DUPLICATION OF EDUCATIONAL AS- that— provement Act of 2014’’ after ‘‘Human Serv- SISTANCE BENEFITS.—Section 3322(e) of such ‘‘(1) renders the afflicted person unable to ices’’. title is amended by inserting ‘‘or 3319A’’ carry out one or more activities of daily liv- (c) AUTHORIZATION OF APPROPRIATIONS.— after ‘‘and 3319’’. ing; Section 2905 of the Public Health Service Act (c) CLERICAL AMENDMENT.—The table of ‘‘(2) renders the afflicted person in need of (42 U.S.C. 300ii-4) is amended— sections at the beginning of chapter 33 of supervision or protection due to the mani- (1) in paragraph (4), by striking ‘‘and’’ at such title is amended by striking the item festation by such person of symptoms or re- the end; relating to section 3319 and inserting the fol- siduals of neurological or other impairment (2) in paragraph (5), by striking the period lowing new items: or injury; and inserting ‘‘; and’’; and

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2386 CONGRESSIONAL RECORD — SENATE April 10, 2014 (3) by adding at the end the following: (B) A description of any steps taken by the with the Department of Veterans Affairs to ‘‘(6) $15,000,000 for each of fiscal years 2015 working group to improve the coordination conduct the study required by paragraph (1). through 2019.’’. of services for caregivers of veterans and (4) REPORT.—Not later than two years after SEC. 7. INTERAGENCY WORKING GROUP ON members of the Armed Forces among the en- the date of the enactment of this Act, the CAREGIVER POLICY. tities specified in subsection (b)(1)(B) and Secretary shall submit to the Committee on (a) ESTABLISHMENT.—There shall be estab- eliminate barriers to effective use of such Veterans’ Affairs of the Senate and the Com- lished in the executive branch an inter- services, including aligning eligibility cri- mittee on Veterans’ Affairs of the House of agency working group on policies relating to teria. Representatives a report on the results of caregivers of veterans and members of the (C) An evaluation of the performance of the study required by paragraph (1). Armed Forces (in this section referred to as the entities specified in subsection (b)(1)(B) the ‘‘working group’’). in providing services for caregivers of vet- f (b) COMPOSITION.— erans and members of the Armed Forces. SUBMITTED RESOLUTIONS (1) IN GENERAL.—The working group shall (D) An evaluation of the quality and suffi- be composed of the following: ciency of services for caregivers of veterans (A) A chair selected by the President. and members of the Armed Forces available (B) A representative from each of the fol- from non-governmental organizations. SENATE RESOLUTION 420—DESIG- lowing agencies or organizations selected by (E) A description of any gaps in care or NATING THE WEEK OF OCTOBER the head of such agency or organization: services provided by caregivers to veterans 6 THROUGH OCTOBER 12, 2014, AS (i) The Department of Veterans Affairs. or members of the Armed Forces identified (ii) The Department of Defense. ‘‘NATUROPATHIC MEDICINE by the working group, and steps taken by the (iii) The Department of Health and Human WEEK’’ TO RECOGNIZE THE entities specified in subsection (b)(1)(B) to Services. VALUE OF NATUROPATHIC MEDI- eliminate such gaps or recommendations for (iv) The Department of Labor. legislative or administrative action to ad- CINE IN PROVIDING SAFE, EF- (v) The Centers for Medicare and Medicaid dress such gaps. FECTIVE, AND AFFORDABLE Services. (F) Such other matters or recommenda- HEALTH CARE (2) ADVISORS.—The chair may select any of tions as the chair considers appropriate. the following individuals that the chair con- Ms. MIKULSKI (for herself and Mr. siders appropriate to advise the working SEC. 8. STUDIES ON POST-SEPTEMBER 11, 2001, HARKIN) submitted the following reso- group in carrying out the duties of the work- VETERANS AND SERIOUSLY IN- JURED VETERANS. lution; which was referred to the Com- ing group: mittee on the Judiciary: (A) Academic experts in fields relating to (a) LONGITUDINAL STUDY ON POST-9/11 VET- S. RES. 420 caregivers. ERANS.— (B) Clinicians. (1) IN GENERAL.—The Secretary of Veterans Whereas, in the United States, more than (C) Caregivers. Affairs shall provide for the conduct of a lon- 75 percent of health care costs are due to pre- (D) Individuals in receipt of caregiver serv- gitudinal study on members of the Armed ventable chronic illnesses, including high ices. Forces who commenced service in the Armed blood pressure, which affects 88,000,000 people (c) DUTIES.—The duties of the working Forces after September 11, 2001. in the United States, and diabetes, which af- group are as follows: (2) GRANT OR CONTRACT.—The Secretary fects 26,000,000 people in the United States; (1) To regularly review policies relating to shall award a grant to, or enter into a con- Whereas nearly 2⁄3 of adults in the United caregivers of veterans and members of the tract with, an appropriate entity unaffiliated States are overweight or obese and, con- Armed Forces. with the Department of Veterans Affairs to sequently, at risk for serious health condi- (2) To coordinate and oversee the imple- conduct the study required by paragraph (1). tions, such as high blood pressure, diabetes, mentation of policies relating to caregivers (3) PLAN.—Not later than one year after cardiovascular disease, arthritis, and depres- of veterans and members of the Armed the date of the enactment of this Act, the sion; Forces. Secretary shall submit to the Committee on Whereas 70 percent of people in the United (3) To evaluate the effectiveness of policies Veterans’ Affairs of the Senate and the Com- States experience physical or nonphysical relating to caregivers of veterans and mem- mittee on Veterans’ Affairs of the House of symptoms of stress, and stress can con- bers of the Armed Forces, including pro- Representatives a plan for the conduct of the tribute to the development of major ill- grams in each relevant agency, by devel- study required by paragraph (1). nesses, such as cardiovascular disease, de- oping and applying specific goals and per- (4) REPORTS.—Not later than October 1, pression, and diabetes; formance measures. 2019, and every four years thereafter, the Whereas the aforementioned chronic (4) To develop standards of care for care- Secretary shall submit to the Committee on health conditions are among the most com- giver services and respite care services pro- Veterans’ Affairs of the Senate and the Com- mon, costly, and preventable health condi- vided to a caregiver, veteran, or member of mittee on Veterans’ Affairs of the House of tions; the Armed Forces by a non-profit or private Representatives a report on the results of Whereas naturopathic medicine provides sector entity. the study required by paragraph (1) as of the noninvasive, holistic treatments that sup- (5) To ensure the availability of mecha- date of such report. port the inherent self-healing capacity of the nisms for agencies, and entities affiliated (b) COMPREHENSIVE STUDY ON SERIOUSLY human body and encourage self-responsi- with or providing services on behalf of agen- INJURED VETERANS AND THEIR CAREGIVERS.— bility in health care; cies, to enforce the standards described in (1) IN GENERAL.—The Secretary of Veterans Whereas naturopathic medicine focuses on paragraph (4) and conduct oversight on the Affairs shall provide for the conduct of a patient-centered care, the prevention of implementation of such standards. comprehensive study on the following: chronic illnesses, and early intervention in (6) To develop recommendations for legis- (A) Veterans who have incurred a serious the treatment of chronic illnesses; lative or administrative action to enhance injury or illness, including a mental health Whereas naturopathic physicians attend 4- the provision of services to caregivers, vet- injury. year, graduate level programs that are ac- erans, and members of the Armed Forces, in- (B) Individuals who are acting as care- credited by agencies approved by the Depart- cluding eliminating gaps in such services givers for veterans. ment of Education; and eliminating disparities in eligibility for (2) ELEMENTS.—The comprehensive study Whereas aspects of naturopathic medicine such services. required by paragraph (1) shall include the have been shown to lower the risk of major (7) To coordinate with State and local following with respect to each veteran in- illnesses such as cardiovascular disease and agencies and relevant non-profit organiza- cluded in such study: diabetes; tions on maximizing the use and effective- (A) The health of the veteran and, if appli- Whereas naturopathic physicians can help ness of resources for caregivers of veterans cable, the impact of the caregiver of such address the shortage of primary care pro- and members of the Armed Forces. veteran on the health of such veteran. viders in the United States; (d) REPORTS.— (B) The employment status of the veteran Whereas naturopathic physicians are li- (1) IN GENERAL.—Not later than December and, if applicable, the impact of the care- censed in 20 States and territories; 31, 2014, and annually thereafter, the chair of giver of such veteran on the employment Whereas naturopathic physicians are the working group shall submit to Congress status of such veteran. trained to refer patients to conventional a report on policies and services relating to (C) The financial status and needs of the physicians and specialists when necessary; caregivers of veterans and members of the veteran. Whereas the profession of naturopathic Armed Forces. (D) The use by the veteran of benefits medicine is dedicated to providing health (2) ELEMENTS.—Each report required by available to such veteran from the Depart- care to underserved populations; and paragraph (1) shall include the following: ment of Veterans Affairs. Whereas naturopathic medicine provides (A) An assessment of the policies relating (E) Any other information that the Sec- consumers in the United States with more to caregivers of veterans and members of the retary considers appropriate. choice in health care, in line with the in- Armed Forces and services provided pursu- (3) GRANT OR CONTRACT.—The Secretary creased use of a variety of integrative med- ant to such policies as of the date of sub- shall award a grant to, or enter into a con- ical treatments: Now, therefore, be it mittal of such report. tract with, an appropriate entity unaffiliated Resolved, That the Senate—

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2387 (1) designates the week of October 6 Whereas 5 Normandy beaches and a num- SENATE RESOLUTION 422—TO AU- through October 12, 2014, as ‘‘Naturopathic ber of sites on the Normandy coast, includ- THORIZE WRITTEN TESTIMONY, Medicine Week’’; ing Pointe du Hoc, were the scene of the Nor- DOCUMENT PRODUCTION, AND (2) recognizes the value of naturopathic mandy landings, and constitute both now REPRESENTATION IN MONTANA medicine in providing safe, effective, and af- and for all time a unique piece of humanity’s fordable health care; and world heritage, and a symbol of peace and FISH, WILDLIFE AND PARKS (3) encourages the people of the United freedom, whose unspoilt nature, integrity, FOUNDATION, INC. V. UNITED States to learn about naturopathic medicine and authenticity must be protected at all STATES and the role that naturopathic physicians costs; and Mr. REID of Nevada (for himself and play in preventing chronic and debilitating Whereas the world owes a debt of gratitude Mr. MCCONNELL) submitted the fol- illnesses and conditions. to the members of the ‘‘greatest generation’’ who assumed the task of freeing the world lowing resolution; which was consid- f from Nazi and Fascist regimes and restoring ered and agreed to: SENATE RESOLUTION 421—EX- liberty to Europe: Now, therefore, be it S. RES. 422 PRESSING THE GRATITUDE AND Resolved, That the Senate— Whereas, in the case of Montana Fish, Wild- APPRECIATION OF THE SENATE (1) recognizes the 70th anniversary of the life and Parks Foundation, Inc. v. United FOR THE ACTS OF HEROISM AND Allied amphibious landing on D-Day, June 6, States, No. 09–568 C, pending in the United MILITARY ACHIEVEMENT BY 1944, at Normandy, France, during World States Court of Federal Claims, the plaintiff has issued a subpoena for testimony and pro- THE MEMBERS OF THE UNITED War II; (2) expresses gratitude and appreciation to duction of documents from Holly Luck, a STATES ARMED FORCES WHO the members of the United States Armed former employee of Senator Baucus; PARTICIPATED IN THE JUNE 6, Forces who participated in the D-Day oper- Whereas, pursuant to sections 703(a) and 1944, AMPHIBIOUS LANDING AT ations; 704(a)(2) of the Ethics in Government Act of NORMANDY, FRANCE, AND COM- (3) thanks the young people of Normandy 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the MENDING THEM FOR LEADER- and the United States for their involvement Senate may direct its counsel to represent SHIP AND VALOR IN AN OPER- in recognizing and celebrating the 70th Anni- current and former employees of the Senate ATION THAT HELPED BRING AN versary of the Normandy landings with the with respect to any subpoena, order, or re- quest for testimony relating to their official END TO WORLD WAR II aim of making future generations aware of the acts of heroism and sacrifice performed responsibilities; Mr. BOOZMAN (for himself and Ms. by the Allied forces; Whereas, by the privileges of the Senate of LANDRIEU) submitted the following res- (4) recognizes the efforts of the Govern- the United States and Rule XI of the Stand- olution; which was referred to the ment of France and the people of Normandy ing Rules of the Senate, no evidence under Committee on Foreign Relations: to preserve, for future generations, the the control or in the possession of the Senate unique world heritage represented by the may, by the judicial or administrative proc- S. RES. 421 Normandy beaches and the sunken material ess, be taken from such control or possession Whereas June 6, 2014, marks the 70th anni- remains of the Normandy landing, by in- but by permission of the Senate; and versary of the Allied assault at Normandy, scribing them on the United Nations Edu- Whereas, when it appears that evidence France, by American, British, and Canadian cational, Scientific, and Cultural Organiza- under the control or in the possession of the troops, which was known as Operation Over- tion (UNESCO) World Heritage List; and Senate may promote the administration of lord; (5) requests the President to issue a procla- justice, the Senate will take such action as Whereas, before Operation Overlord, the mation calling on the people of the United will promote the ends of justice consistent German Army still occupied France and the States to observe the anniversary with ap- with the privileges of the Senate: Now, Nazi government still had access to the raw propriate ceremonies and programs to honor therefore, be it materials and industrial capacity of Western the sacrifices of their fellow countrymen to Resolved, That Holly Luck is authorized to Europe; liberate Europe. provide written testimony and produce docu- Whereas the naval assault phase on Nor- ments in the case of Montana Fish, Wildlife mandy was codenamed ‘‘Neptune’’, and the Mr. BOOZMAN. Mr. President, on and Parks Foundation, Inc. v. United States, June 6th assault date is referred to as D-Day June 6th, 1944, the brave men and except concerning matters for which a privi- to denote the day on which the combat at- women of the Allied Forces began the lege should be asserted. tack was initiated; opening phase of Operation Overlord in SEC. 2. The Senate Legal Counsel is author- Whereas the D-Day landing was the largest an effort to break the Nazi strangle- ized to represent Holly Luck in connection single amphibious assault in history, con- with the written testimony and document sisting of approximately 31,000 members of hold on Western Europe. On that early production authorized by section 1 of this the United States Armed Forces, 153,000 morning, 31,000 members of the United resolution. members of the Allied Expeditionary Force, States Armed Forces, and 153,000 of f 5,000 naval vessels, and more than 11,000 sor- their counterparts in the Allied Expe- ties by Allied aircraft; ditionary Force, stormed ashore five AMENDMENTS SUBMITTED AND Whereas soldiers of 6 divisions (3 Amer- PROPOSED ican, 2 British, and 1 Canadian) stormed landing areas on the beaches of Nor- ashore in 5 main landing areas on beaches in mandy, France, in what is known as D- SA 2970. Mr. WARNER (for Mr. CARPER (for Normandy, which were code-named ‘‘Utah’’, Day. In that first day alone, approxi- himself, Mr. COBURN, Mr. WARNER, and Mr. ‘‘Omaha’’, ‘‘Gold’’, ‘‘Juno’’, and ‘‘Sword’’; mately 10,000 allied soldiers were PORTMAN)) proposed an amendment to the Whereas, of the approximately 10,000 Allied wounded or killed, including 6,000 bill S. 994, to expand the Federal Funding casualties incurred on the first day of the Americans. Now, 70 years later, it re- Accountability and Transparency Act of 2006 landing, more than 6,000 casualties were to increase accountability and transparency members of the United States Armed Forces; mains our duty to remember the sac- in Federal spending, and for other purposes. Whereas the age of the remaining World rifices made by the members of the SA 2971. Mr. WARNER (for Mr. CARPER) War II veterans and the gradual disappear- ‘‘greatest generation’’ who answered proposed an amendment to amendment SA ance of any living memory of World War II the call of those being oppressed by the 2970 proposed by Mr. WARNER (for Mr. CAR- and the Normandy landings make it nec- Nazi and Fascist regimes. In recogni- PER (for himself, Mr. COBURN, Mr. WARNER, essary to increase activities intended to pass and Mr. PORTMAN)) to the bill S. 994, supra. on the history of these events, particularly tion of the incredible feats achieved by f to younger generations; our veterans, the Parliament of the Whereas the young people of Normandy French Republic has asked to join us in TEXT OF AMENDMENTS and the United States have displayed unprec- the passage of an identical resolution SA 2970. Mr. WARNER (for Mr. CAR- edented commitment to and involvement in in both bodies, honoring these sac- celebrating the veterans of the Normandy PER (for himself, Mr. COBURN, Mr. WAR- rifices made in the name of liberty. As landings and the freedom that they brought NER, and Mr. PORTMAN)) proposed an with them in 1944; co-chairs of the Senate French Caucus, amendment to the bill S. 994, to expand Whereas the significant material remains I have joined with Senator LANDRIEU to the Federal Funding Accountability of the Normandy landing, such as shipwrecks introduce this resolution to recognize and Transparency Act of 2006 to in- and various items of military equipment the upcoming 70th Anniversary of the crease accountability and transparency found both on the Normandy beaches and at D-Day Landings and to express our the bottom of the sea in French territorial in Federal spending, and for other pur- waters, bear witness to the remarkable ma- gratitude and appreciation to the mem- poses; as follows: terial resources used by the Allied Armed bers of the U.S. Armed Forces who par- Strike all after the enacting clause and in- Forces to execute the Normandy landings; ticipated in these operations. sert the following:

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2388 CONGRESSIONAL RECORD — SENATE April 10, 2014 SECTION 1. SHORT TITLE. graphs (1) through (5) without double-count- ‘‘(B) Federal agencies with authority over This Act may be cited as the ‘‘Digital Ac- ing data; and contracting and financial assistance; and countability and Transparency Act of 2014’’ ‘‘(7) shall ensure that all information pub- ‘‘(C) accounting standards organizations; or the ‘‘DATA Act’’. lished under this section is available— ‘‘(2) incorporate a widely accepted, non- SEC. 2. PURPOSES. ‘‘(A) in machine-readable and open for- proprietary, searchable, platform-inde- The purposes of this Act are to— mats; pendent computer-readable format; (1) expand the Federal Funding Account- ‘‘(B) to be downloaded in bulk; and ‘‘(3) include unique identifiers for Federal ability and Transparency Act of 2006 (31 ‘‘(C) to the extent practicable, for auto- awards and entities receiving Federal awards U.S.C. 6101 note) by disclosing direct Federal mated processing.’’; that can be consistently applied Govern- agency expenditures and linking Federal (D) in subsection (d)— ment-wide; contract, loan, and grant spending informa- (i) in paragraph (1)(A), by striking ‘‘of the ‘‘(4) be consistent with and implement ap- tion to programs of Federal agencies to en- Office of Management and Budget’’; plicable accounting principles; able taxpayers and policy makers to track (ii) in paragraph (2)— ‘‘(5) be capable of being continually up- Federal spending more effectively; (I) in subparagraph (A), by striking ‘‘of the graded as necessary; (2) establish Government-wide data stand- Office of Management and Budget’’; and ‘‘(6) produce consistent and comparable ards for financial data and provide con- (II) in subparagraph (B), by striking ‘‘of data, including across program activities; sistent, reliable, and searchable Govern- the Office of Management and Budget’’; and ment-wide spending data that is displayed (E) in subsection (e), by striking ‘‘of the ‘‘(7) establish a standard method of con- accurately for taxpayers and policy makers Office of Management and Budget’’; and veying the reporting period, reporting enti- on USASpending.gov (or a successor system (F) in subsection (g)— ty, unit of measure, and other associated at- that displays the data); (i) in paragraph (1), by striking ‘‘of the Of- tributes. (3) simplify reporting for entities receiving fice of Management and Budget’’; and ‘‘(c) DEADLINES.— Federal funds by streamlining reporting re- (ii) in paragraph (3), by striking ‘‘of the Of- ‘‘(1) GUIDANCE.—Not later than 1 year after quirements and reducing compliance costs fice of Management and Budget’’; and the date of enactment of the Digital Ac- while improving transparency; (2) by striking sections 3 and 4 and insert- countability and Transparency Act of 2014, (4) improve the quality of data submitted ing the following: the Director and the Secretary shall issue to USASpending.gov by holding Federal ‘‘SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS. guidance to Federal agencies on the data agencies accountable for the completeness ‘‘(a) IN GENERAL.—Not later than 3 years standards established under subsection (a). and accuracy of the data submitted; and after the date of enactment of the Digital ‘‘(2) AGENCIES.—Not later than 2 years (5) apply approaches developed by the Re- Accountability and Transparency Act of after the date on which the guidance under covery Accountability and Transparency 2014, and monthly when practicable but not paragraph (1) is issued, each Federal agency Board to spending across the Federal Gov- less than quarterly thereafter, the Sec- shall report financial and payment informa- ernment. retary, in consultation with the Director, tion data in accordance with the data stand- SEC. 3. AMENDMENTS TO THE FEDERAL FUND- shall ensure that the information in sub- ards established under subsection (a). ING ACCOUNTABILITY AND TRANS- section (b) is posted on the website estab- ‘‘(3) WEBSITE.—Not later than 3 years after PARENCY ACT OF 2006. lished under section 2. the date on which the guidance under para- The Federal Funding Accountability and ‘‘(b) INFORMATION TO BE POSTED.—For any graph (1) is issued, the Director and the Sec- Transparency Act of 2006 (31 U.S.C. 6101 note) funds made available to or expended by a retary shall ensure that the data standards is amended— Federal agency or component of a Federal established under subsection (a) are applied (1) in section 2— agency, the information to be posted shall to the data made available on the website es- (A) in subsection (a)— include— tablished under section 2. (i) in the matter preceding paragraph (1), ‘‘(1) for each appropriations account, in- ‘‘(d) CONSULTATION.—The Director and the by striking ‘‘this section’’ and inserting cluding an expired or unexpired appropria- Secretary shall consult with public and pri- ‘‘this Act’’; tions account, the amount— vate stakeholders in establishing data stand- (ii) by redesignating paragraphs (1), (2), ‘‘(A) of budget authority appropriated; ards under this section. and (3) as paragraphs (2), (4), and (7), respec- ‘‘(B) that is obligated; ‘‘SEC. 5. SIMPLIFYING FEDERAL AWARD REPORT- tively; ‘‘(C) of unobligated balances; and ING. (iii) by inserting before paragraph (2), as so ‘‘(D) of any other budgetary resources; ‘‘(a) IN GENERAL.—The Director, in con- redesignated, the following: ‘‘(2) from which accounts and in what sultation with relevant Federal agencies, re- ‘‘(1) DIRECTOR.—The term ‘Director’ means amount— cipients of Federal awards, including State the Director of the Office of Management ‘‘(A) appropriations are obligated for each and local governments, and institutions of and Budget.’’; program activity; and higher education (as defined in section 102 of (iv) by inserting after paragraph (2), as so ‘‘(B) outlays are made for each program ac- the Higher Education Act of 1965 (20 U.S.C. redesignated, the following: tivity; 1002)), shall review the information required ‘‘(3) FEDERAL AGENCY.—The term ‘Federal ‘‘(3) from which accounts and in what to be reported by recipients of Federal agency’ has the meaning given the term ‘Ex- amount— awards to identify— ecutive agency’ under section 105 of title 5, ‘‘(A) appropriations are obligated for each ‘‘(1) common reporting elements across the United States Code.’’; object class; and Federal Government; (v) by inserting after paragraph (4), as so ‘‘(B) outlays are made for each object ‘‘(2) unnecessary duplication in financial redesignated, the following: class; and reporting; and ‘‘(5) OBJECT CLASS.—The term ‘object class’ ‘‘(4) for each program activity, the ‘‘(3) unnecessarily burdensome reporting means the category assigned for purposes of amount— requirements for recipients of Federal the annual budget of the President sub- ‘‘(A) obligated for each object class; and awards. mitted under section 1105(a) of title 31, ‘‘(B) of outlays made for each object class. ‘‘(b) PILOT PROGRAM.— United States Code, to the type of property ‘‘SEC. 4. DATA STANDARDS. ‘‘(1) ESTABLISHMENT.—Not later than 1 year or services purchased by the Federal Govern- ‘‘(a) IN GENERAL.— after the date of enactment of the Digital ment. ‘‘(1) ESTABLISHMENT OF STANDARDS.—The Accountability and Transparency Act of ‘‘(6) PROGRAM ACTIVITY.—The term ‘pro- Secretary and the Director, in consultation 2014, the Director, or a Federal agency des- gram activity’ has the meaning given that with the heads of Federal agencies, shall es- ignated by the Director, shall establish a term under section 1115(h) of title 31, United tablish Government-wide financial data pilot program (in this section referred to as States Code.’’; and standards for any Federal funds made avail- the ‘pilot program’) with the participation of (vi) by adding at the end the following: able to or expended by Federal agencies and appropriate Federal agencies to facilitate ‘‘(8) SECRETARY.—The term ‘Secretary’ entities receiving Federal funds. the development of recommendations for— means the Secretary of the Treasury.’’; ‘‘(2) DATA ELEMENTS.—The financial data ‘‘(A) standardized reporting elements (B) in subsection (b)— standards established under paragraph (1) across the Federal Government; (i) in paragraph (3), by striking ‘‘of the Of- shall include common data elements for fi- ‘‘(B) the elimination of unnecessary dupli- fice of Management and Budget’’; and nancial and payment information required to cation in financial reporting; and (ii) in paragraph (4), by striking ‘‘of the Of- be reported by Federal agencies and entities ‘‘(C) the reduction of compliance costs for fice of Management and Budget’’; receiving Federal funds. recipients of Federal awards. (C) in subsection (c)— ‘‘(b) REQUIREMENTS.—The data standards ‘‘(2) REQUIREMENTS.—The pilot program (i) in paragraph (4), by striking ‘‘and’’ at established under subsection (a) shall, to the shall— the end; extent reasonable and practicable— ‘‘(A) include a combination of Federal con- (ii) in paragraph (5), by striking the period ‘‘(1) incorporate widely accepted common tracts, grants, and subawards, the aggregate at the end and inserting a semicolon; and data elements, such as those developed and value of which is not less than $1,000,000,000 (iii) by adding at the end the following: maintained by— and not more than $2,000,000,000; ‘‘(6) shall have the ability to aggregate ‘‘(A) an international voluntary consensus ‘‘(B) include a diverse group of recipients data for the categories described in para- standards body; of Federal awards; and

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2389 ‘‘(C) to the extent practicable, include re- (A), the Inspector General shall submit and section 6103 of the Internal Revenue Code of cipients who receive Federal awards from make publically available a report as de- 1986. multiple programs across multiple agencies. scribed in paragraph (1). The report sub- ‘‘SEC. 8. NO PRIVATE RIGHT OF ACTION. ‘‘(3) DATA COLLECTION.—The pilot program mitted under this subparagraph may be sub- ‘‘Nothing in this Act shall be construed to shall include data collected during a 12- mitted as a part of the report submitted create a private right of action for enforce- month reporting cycle. under section 3521(f) or 9105(a)(3) of title 31, ment of any provision of this Act.’’. ‘‘(4) REPORTING AND EVALUATION REQUIRE- United States Code. SEC. 4. EXECUTIVE AGENCY ACCOUNTING AND MENTS.—Each recipient of a Federal award ‘‘(b) COMPTROLLER GENERAL REPORTS.— OTHER FINANCIAL MANAGEMENT participating in the pilot program shall sub- ‘‘(1) IN GENERAL.—In accordance with para- REPORTS AND PLANS. mit to the Office of Management and Budget graph (2) and after a review of the reports Section 3512(a)(1) of title 31, United States or the Federal agency designated under para- submitted under subsection (a), the Comp- Code, is amended by inserting ‘‘and make graph (1), as appropriate, any requested re- troller General of the United States shall available on the website described under sec- ports of the selected Federal awards. submit to Congress and make publically tion 1122’’ after ‘‘appropriate committees of ‘‘(5) TERMINATION.—The pilot program available a report assessing and comparing Congress’’. shall terminate on the date that is 2 years the data completeness, timeliness, quality, SEC. 5. DEBT COLLECTION IMPROVEMENT. after the date on which the pilot program is and accuracy of the data submitted under Section 3716(c)(6) of title 31, United States established. this Act by Federal agencies and the imple- Code, is amended— ‘‘(6) REPORT TO CONGRESS.—Not later than mentation and use of data standards by Fed- (1) by inserting ‘‘(A)’’ before ‘‘Any Federal 90 days after the date on which the pilot pro- eral agencies. agency’’; gram terminates under paragraph (5), the Di- ‘‘(2) DEADLINES.—Not later than 30 months (2) in subparagraph (A), as so designated, rector shall submit to the Committee on after the date on which the Director and the by striking ‘‘180 days’’ and inserting ‘‘120 Homeland Security and Governmental Af- Secretary issue guidance to Federal agencies days’’; and fairs and the Committee on the Budget of under section 4(c)(1), and every 2 years there- (3) by adding at the end the following: the Senate and the Committee on Oversight after until the date that is 4 years after the ‘‘(B) The Secretary of the Treasury shall and Government Reform and the Committee date on which the first report is submitted notify Congress of any instance in which an on the Budget of the House of Representa- under this subsection, the Comptroller Gen- agency fails to notify the Secretary as re- tives a report on the pilot program, which eral of the United States shall submit and quired under subparagraph (A).’’. shall include— make publically available a report as de- ‘‘(A) a description of the data collected scribed in paragraph (1). under the pilot program, the usefulness of SA 2971. Mr. WARNER (for Mr. CAR- ‘‘(c) RECOVERY ACCOUNTABILITY AND TRANS- the data provided, and the cost to collect the PER) proposed an amendment to PARENCY BOARD DATA ANALYSIS CENTER.— data from recipients; and ‘‘(1) IN GENERAL.—The Secretary may es- amendment SA 2970 proposed by Mr. ‘‘(B) a discussion of any legislative action tablish a data analysis center or expand an WARNER (for Mr. CARPER (for himself, required and recommendations for— existing service to provide data, analytic Mr. COBURN, Mr. WARNER, and Mr. ‘‘(i) consolidating aspects of Federal finan- tools, and data management techniques to cial reporting to reduce the costs to recipi- PORTMAN)) to the bill S. 994, to expand support— ents of Federal awards; the Federal Funding Accountability ‘‘(A) the prevention and reduction of im- ‘‘(ii) automating aspects of Federal finan- and Transparency Act of 2006 to in- proper payments by Federal agencies; and cial reporting to increase efficiency and re- crease accountability and transparency ‘‘(B) improving efficiency and trans- duce the costs to recipients of Federal parency in Federal spending. in Federal spending, and for other pur- awards; poses; as follows: ‘‘(iii) simplifying the reporting require- ‘‘(2) DATA AVAILABILITY.—The Secretary ments for recipients of Federal awards; and shall enter into memoranda of understanding On page 9, strike lines 17 through 21 and in- ‘‘(iv) improving financial transparency. with Federal agencies, including Inspectors sert the following: General and Federal law enforcement agen- ‘‘(2) AGENCIES.— ‘‘(7) GOVERNMENT-WIDE IMPLEMENTATION.— Not later than 1 year after the date on which cies— ‘‘(A) IN GENERAL.—Except as provided in the Director submits the report under para- ‘‘(A) under which the Secretary may pro- subparagraph (B), not later than 2 years graph (6), the Director shall issue guidance vide data from the data analysis center for— after the date on which the guidance under to the heads of Federal agencies as to how ‘‘(i) the purposes set forth under paragraph paragraph (1) is issued, each Federal agency the Government-wide financial data stand- (1); shall report financial and payment informa- ards established under section 4(a) shall be ‘‘(ii) the identification, prevention, and re- tion data in accordance with the data stand- applied to the information required to be re- duction of waste, fraud, and abuse relating ards established under subsection (a). ported by entities receiving Federal awards to Federal spending; and ‘‘(B) NONINTERFERENCE WITH AUDITABILITY to— ‘‘(iii) use in the conduct of criminal and OF DEPARTMENT OF DEFENSE FINANCIAL STATE- ‘‘(A) reduce the burden of complying with other investigations; and MENTS.— reporting requirements; and ‘‘(B) which may require the Federal agen- ‘‘(i) IN GENERAL.—Upon request by the Sec- ‘‘(B) simplify the reporting process, includ- cy, Inspector General, or Federal law en- retary of Defense, the Director may grant an ing by reducing duplicative reports. forcement agency to provide reimbursement extension of the deadline under subpara- ‘‘SEC. 6. ACCOUNTABILITY FOR FEDERAL FUND- to the Secretary for the reasonable cost of graph (A) to the Department of Defense for a ING. carrying out the agreement. period of not more than 6 months to report ‘‘(a) INSPECTOR GENERAL REPORTS.— ‘‘(3) TRANSFER.—Upon the establishment of financial and payment information data in ‘‘(1) IN GENERAL.—In accordance with para- a data analysis center or the expansion of a accordance with the data standards estab- graph (2), the Inspector General of each Fed- service under paragraph (1), and on or before lished under subsection (a). eral agency, in consultation with the Comp- the date on which the Recovery Account- ‘‘(ii) LIMITATION.—The Director may not troller General of the United States, shall— ability and Transparency Board terminates, grant more than 3 extensions to the Sec- ‘‘(A) review a statistically valid sampling and in addition to any other transfer that retary of Defense under clause (i). of the spending data submitted under this the Director determines is necessary under ‘‘(iii) NOTIFICATION.—The Director of the Act by the Federal agency; and section 1531 of title 31, United States Code, Office of Management and Budget shall no- ‘‘(B) submit to Congress and make pub- there are transferred to the Department of tify the Committee on Homeland Security lically available a report assessing the com- the Treasury all assets identified by the Sec- and Governmental Affairs and the Com- pleteness, timeliness, quality, and accuracy retary that support the operations and ac- mittee on Armed Services of the Senate and of the data sampled and the implementation tivities of the Recovery Operations Center of the Committee on Oversight and Govern- and use of data standards by the Federal the Recovery Accountability and Trans- ment Reform and the Committee on Armed agency. parency Board relating to the detection of Services of the House of Representatives of— ‘‘(2) DEADLINES.— waste, fraud, and abuse in the use of Federal ‘‘(I) each grant of an extension under ‘‘(A) FIRST REPORT.—Not later than 18 funds that are in existence on the day before clause (i); and months after the date on which the Director the transfer. ‘‘(II) the reasons for granting such an ex- and the Secretary issue guidance to Federal ‘‘SEC. 7. CLASSIFIED AND PROTECTED INFORMA- tension. agencies under section 4(c)(1), the Inspector TION. f General of each Federal agency shall submit ‘‘Nothing in this Act shall require the dis- and make publically available a report as de- closure to the public of— NOTICE OF HEARING scribed in paragraph (1). ‘‘(1) information that would be exempt COMMITTEE ON INDIAN AFFAIRS ‘‘(B) SUBSEQUENT REPORTS.—On the same from disclosure under section 552 of title 5, Mr. TESTER. Mr. President, I would date as the Inspector General of each Federal United States Code (commonly known as the agency submits the second and fourth re- ‘Freedom of Information Act’); or like to announce that the Committee ports under sections 3521(f) and 9105(a)(3) of ‘‘(2) information protected under section on Indian Affairs will meet on Wednes- title 31, United States Code, that are sub- 552a of title 5, United States Code (com- day, April 30, 2014, in room SD–628 of mitted after the report under subparagraph monly known as the ‘Privacy Act of 1974’), or the Dirksen Senate Office Building, at

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2390 CONGRESSIONAL RECORD — SENATE April 10, 2014 2:30 p.m., to conduct a legislative hear- mittee on Foreign Relations be author- endar No. 574; further, that following ing to receive testimony on the fol- ized to meet during the session of the disposition of that nomination, the lowing bill: S. 2132, a bill to amend the Senate on April 10, 2014, at 2 p.m. Senate proceed to vote on cloture on Indian Tribal Energy Development and The PRESIDING OFFICER. Without Executive Calendar No. 613, and that if Self-Determination Act of 2005, and for objection, it is so ordered. cloture is invoked, all postcloture time other purposes. Those wishing addi- SELECT COMMITTEE ON INTELLIGENCE be yielded back and the Senate proceed tional information may contact the In- Mr. COONS. Mr. President, I ask to vote on confirmation of the nomina- dian Affairs Committee at (202) 224– unanimous consent that the Select tion; that if confirmed, the motions to 2251. Committee on Intelligence be author- reconsider be considered made and laid f ized to meet during the session of the upon the table, with no intervening ac- AUTHORITY FOR COMMITTEES TO Senate on April 10, 2014, at 2:30 p.m. tion or debate; that no further motions MEET The PRESIDING OFFICER. Without be in order to the nominations; that objection, it is so ordered. any statements related to the nomina- COMMITTEE ON ARMED SERVICES SUBCOMMITTEE ON EUROPEAN AFFAIRS tions be printed in the RECORD; that Mr. COONS. Mr. President, I ask the President be immediately notified unanimous consent that the Com- Mr. COONS. Mr. President, I ask unanimous consent that the Com- of the Senate’s action and the Senate mittee on Armed Services be author- then resume legislative session. ized to meet during the session of the mittee on Foreign Relations be author- ized to meet during the session of the The PRESIDING OFFICER. Without Senate on April 10, 2014, at 9:30 a.m. objection, it is so ordered. The PRESIDING OFFICER. Without Senate on April 10, 2014, at 3 p.m., to f objection, it is so ordered. hold an European Affairs sub- committee hearing entitled, ‘‘Trans- COMMITTEE ON ENERGY AND NATURAL EXECUTIVE SESSION RESOURCES atlantic Security Challenges: Central Mr. COONS. Mr. President, I ask and Eastern Europe.’’ EXECUTIVE CALENDAR unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Energy and Natural Re- objection, it is so ordered. Mr. REID. Mr. President, I now ask sources be authorized to meet during SUBCOMMITTEE ON FINANCIAL AND unanimous consent that the Senate the session of the Senate on April 10, CONTRACTING OVERSIGHT proceed to executive session to con- 2014, at 9:30 a.m., in room SD–366 of the Mr. COONS. Mr. President, I ask sider Calendar Nos. 760, 761, 762, 763, Dirksen Senate Office Building, to con- unanimous consent that the Sub- and 764, and all nominations placed on duct a hearing entitled ‘‘Keeping the committee on Financial and Con- the Secretary’s desk in the Coast Lights On—Are We Doing Enough to tracting Oversight of the Committee Guard; that the nominations be con- Ensure the Reliability and Security of on Homeland Security and Govern- firmed en bloc; the motions to recon- the U.S. Electric Grid?’’ mental Affairs be authorized to meet sider be considered made and laid upon The PRESIDING OFFICER. Without during the session of the Senate on the table, with no intervening action objection, it is so ordered. April 10, 2014, at 10:30 a.m. to conduct a or debate; that no further motions be hearing entitled, ‘‘Oversight of Small COMMITTEE ON HEALTH, EDUCATION, LABOR, in order to any of the nominations; AND PENSIONS Agencies.’’ that the President be immediately no- The PRESIDING OFFICER. Without Mr. COONS. Mr. President, I ask tified of the Senate’s action and the objection, it is so ordered. unanimous consent that the Com- Senate then resume legislative session. mittee on Health, Education, Labor, SUBCOMMITTEE ON SEAPOWER The PRESIDING OFFICER. Without and Pensions be authorized to meet, Mr. COONS. Mr. President, I ask objection, it is so ordered. during the session of the Senate, on unanimous consent that the Sub- The nominations considered and con- April 10, 2014, at 10 a.m., in room SD– committee on Seapower of the Com- firmed en bloc are as follows: 430 of the Dirksen Senate Office Build- mittee on Armed Services be author- IN THE COAST GUARD ing, to conduct a hearing entitled ‘‘Ex- ized to meet during the session of the The following named officers for appoint- panding Access to Quality Early Learn- Senate on April 10, 2014, at 2:30 p.m. ment to the grade indicated in the United ing: the Strong Start for America’s The PRESIDING OFFICER. Without States Coast Guard under title 14, U.S.C., section 271(d): Children Act’’. objection, it is so ordered. To be rear admiral The PRESIDING OFFICER. Without SUBCOMMITTEE ON STRATEGIC FORCES objection, it is so ordered. Mr. COONS. Mr. President, I ask Linda L. Fagan unanimous consent that the Sub- Thomas W. Jones COMMITTEE ON FINANCE Steven D. Poulin Mr. COONS. Mr. President, I ask committee on Strategic Forces of the James E. Rendon Committee on Armed Services be au- unanimous consent that the Com- The following named officer for appoint- mittee on Finance be authorized to thorized to meet during the session of ment to a position of importance and respon- meet during the session of the Senate the Senate on April 10, 2014, at 2:30 p.m. sibility in the United States Coast Guard on April 10, 2014, at 10 a.m., in room The PRESIDING OFFICER. Without and to the grade indicated under title 14, SR–215 of the Dirksen Senate Office objection, it is so ordered. U.S.C., section 50: Building, to conduct a hearing entitled f To be vice admiral ‘‘The President’s Budget for Fiscal PRIVILEGES OF THE FLOOR Rear Adm. William D. Lee Year 2015.’’ The following named officer for appoint- The PRESIDING OFFICER. Without Mr. MURPHY. Mr. President, I ask ment to a position of importance and respon- objection, it is so ordered. unanimous consent that Brian sibility in the United States Coast Guard Winseck, a detailee assigned to the and to the grade indicated under title 14, COMMITTEE ON FOREIGN RELATIONS Budget Committee from Senator WAR- U.S.C., section 50: Mr. COONS. Mr. President, I ask NER’s office, be granted floor privileges To be vice admiral unanimous consent that the Com- for the duration of today’s session. mittee on Foreign Relations be author- Rear Adm. Charles W. Ray The PRESIDING OFFICER. Without The following named officer for appoint- ized to meet during the session of the objection, it is so ordered. Senate on April 10, 2014, at 9:30 a.m., to ment to a position of importance and respon- f sibility in the United States Coast Guard hold a hearing entitled ‘‘International and to the grade indicated under title 14, Development Priorities in the FY 2015 UNANIMOUS CONSENT AGREE- U.S.C., section 50: MENT—EXECUTIVE CALENDAR Budget.’’ To be vice admiral The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- Rear Adm. Charles D. Michel objection, it is so ordered. imous consent that at 5 p.m. tomorrow, The following named officer for appoint- COMMITTEE ON FOREIGN RELATIONS all postcloture time be yielded back ment as Vice Commandant of the United Mr. COONS. Mr. President, I ask and the Senate proceed to vote without States Coast Guard and to the grade indi- unanimous consent that the Com- intervening action or debate on Cal- cated under title 14, U.S.C., section 47:

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2391 To be vice admiral APPOINTMENTS COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA Vice Adm. Peter V. Neffenger The PRESIDING OFFICER. The TO THE HASHEMITE KINGDOM OF JORDAN. NOMINATIONS PLACED ON THE SECRETARY’S Chair announces, on behalf of the Re- NATIONAL FOUNDATION ON THE ARTS AND THE DESK publican leader, pursuant to Public HUMANITIES IN THE COAST GUARD Law 113–76, the appointment of the fol- WILLIAM D. ADAMS, OF MAINE, TO BE CHAIRPERSON OF PN1357 COAST GUARD nominations (2) be- THE NATIONAL ENDOWMENT FOR THE HUMANITIES FOR lowing individuals to be members of A TERM OF FOUR YEARS, VICE JAMES A. LEACH, RE- ginning RUBY L. COLLINS, and ending MI- SIGNED. CHAEL W. WAMPLER, which nominations the National Commissioner on Hunger: were received by the Senate and appeared in Spencer A. Coates of Kentucky and J. THE JUDICIARY the Congressional Record of January 16, 2014. Russell Sykes of New York. NANCY B. FIRESTONE, OF VIRGINIA, TO BE A JUDGE OF PN1358 COAST GUARD nominations (242) THE UNITED STATES COURT OF FEDERAL CLAIMS FOR A f TERM OF FIFTEEN YEARS. (REAPPOINTMENT) beginning William C. Adams, and ending LYDIA KAY GRIGGSBY, OF MARYLAND, TO BE A JUDGE Adam K. Young, which nominations were re- ORDERS FOR FRIDAY, APRIL 11, OF THE UNITED STATES COURT OF FEDERAL CLAIMS ceived by the Senate and appeared in the FOR A TERM OF FIFTEEN YEARS, VICE FRANCIS M. 2014 ALLEGRA, TERM EXPIRED. Congressional Record of January 16, 2014. THOMAS L. HALKOWSKI, OF PENNSYLVANIA, TO BE A PN1402 COAST GUARD nominations (6) be- Mr. REID. Mr. President, I ask unan- JUDGE OF THE UNITED STATES COURT OF FEDERAL ginning KEVIN J. LOPES, and ending imous consent that when the Senate CLAIMS FOR A TERM OF FIFTEEN YEARS, VICE LYNN MARIETTE C. OGG, which nominations were completes its business today, it ad- JEANNE BUSH, TERM EXPIRED. received by the Senate and appeared in the journ until 4 p.m., Friday, April 11, FOREIGN SERVICE Congressional Record of February 6, 2014. 2014; that following the prayer and THE FOLLOWING NAMED PERSONS OF THE DEPART- MENT OF COMMERCE FOR PROMOTION INTO AND WITHIN f pledge, the morning hour be deemed THE SENIOR FOREIGN SERVICE TO THE CLASSES INDI- LEGISLATIVE SESSION expired, the Journal of proceedings be CATED: approved to date, and the time for the CAREER MEMBER OF THE SENIOR FOREIGN SERVICE The PRESIDING OFFICER. The Sen- OF THE UNITED STATES OF AMERICA, CLASS OF MIN- two leaders be reserved for their use ISTER–COUNSELOR: ate will now resume legislative session. later in the day; that following any MICHAEL A. LALLY, OF PENNSYLVANIA f CAREER MEMBER OF THE SENIOR FOREIGN SERVICE leader remarks, the Senate resume ex- OF THE UNITED STATES OF AMERICA, CLASS OF COUN- LEGAL AUTHORIZATION ecutive session to consider the SELOR: Friedland nomination postcloture, JAMES M. FLUKER, OF KANSAS Mr. REID. Mr. President, I ask unan- JAMES M. MCCARTHY, OF MARYLAND imous consent that the Senate proceed with the time until 5 p.m. equally di- JOHN E. SIMMONS, OF CALIFORNIA to the consideration of S. Res. 422. vided and controlled between the two THE FOLLOWING NAMED PERSONS OF THE DEPART- leaders or their designees. MENT OF COMMERCE FOR APPOINTMENT AS FOREIGN The PRESIDING OFFICER. The SERVICE OFFICERS OF THE CLASSES STATED. clerk will report the resolution by The PRESIDING OFFICER. Without FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF objection, it is so ordered. CLASS THREE, CONSULAR OFFICER AND SECRETARY IN title. THE DIPLOMATIC SERVICE OF THE UNITED STATES OF The assistant legislative clerk read f AMERICA: as follows: ANDREW J. BILLARD, OF CONNECTICUT PROGRAM JOHN P. FAY, OF VIRGINIA A resolution (S. Res. 422) to authorize writ- CATHERINE A. FEIG, OF TEXAS ten testimony, document production, and Mr. REID. Mr. President, there will MARSHA MCDANIEL, OF TEXAS representation in Montana Fish, Wildlife and be up to three rollcall votes tomorrow MEGAN A. SCHILDGEN, OF ILLINOIS Parks Foundation, Inc. v. United States. FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF at 5 p.m. The first vote will be on con- CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN There being no objection, the Senate firmation of the nomination of THE DIPLOMATIC SERVICE OF THE UNITED STATES OF proceeded to consider the resolution. Michelle Friedland to be a U.S. circuit AMERICA: Mr. REID. Mr. President, this resolu- DAVID E. AVERNE, OF THE DISTRICT OF COLUMBIA judge for the Ninth Circuit. The next JAY BIGGS, OF OHIO tion concerns a subpoena to a Senate vote will be a cloture vote on the nomi- MARTIN CLAESSENS, OF ILLINOIS employee in a civil action pending in SARAH J. COOK, OF FLORIDA nation of David Weil to be Adminis- RAFAEL A. PATINO, OF FLORIDA the Court of Federal Claims. The plain- trator of the Wage and Hour Division BRENDA VANHORN, OF NEW YORK tiff in this case is an organization serv- THE FOLLOWING NAMED PERSONS OF THE DEPART- at the Department of Labor, and the MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- ing as trustee for a trust set up by Con- last vote will be on confirmation of the ICE OFFICERS OF THE CLASSES STATED. gress, through legislation sponsored by Weil nomination. FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF Senator Max Baucus, to promote con- CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE f DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- servation and recreational use of land ICA: in Montana. The suit arises out of a ADJOURNMENT UNTIL 4 P.M. MELINDA MASONIS, OF MICHIGAN dispute between plaintiff and the De- TOMORROW SUSAN C. N’GARNIM, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF partment of the Interior over the De- Mr. REID. Mr. President, if there is CLASS TWO, CONSULAR OFFICER AND SECRETARY IN partment’s amendment of the trust THE DIPLOMATIC SERVICE OF THE UNITED STATES OF no further business to come before the AMERICA: agreement with plaintiff. As part of Senate, I ask unanimous consent that THOMAS F. DOHERTY, OF FLORIDA discovery in the case, plaintiff has it adjourn under the previous order. ANTHONY R. ETERNO, OF VIRGINIA issued a subpoena to Holly Luck, a CATHERINE RODRIGUEZ, OF FLORIDA There being no objection, the Senate, FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF former employee of then-Senator Bau- at 6:05 p.m., adjourned until Friday, CLASS THREE, CONSULAR OFFICER AND SECRETARY IN cus, seeking information and docu- April 11, 2014, at 4 p.m. THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ments involving this matter. AMERICA: f CAROLINE M. SCHNEIDER, OF THE DISTRICT OF COLUM- This resolution would authorize Ms. BIA Luck to provide written testimony and NOMINATIONS FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF to produce documents from Senator CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN Executive nominations received by THE DIPLOMATIC SERVICE OF THE UNITED STATES OF Baucus’s office, except where a privi- AMERICA: the Senate: lege should be asserted, with represen- DINA J. ABAA–OGLEY, OF CALIFORNIA DEPARTMENT OF DEFENSE LESLIE ABITZ, OF WISCONSIN tation by the Senate Legal Counsel. KATHY ELIZABETH ADAMS, OF GEORGIA Mr. President, I ask unanimous con- ROBERT M. SPEER, OF VIRGINIA, TO BE AN ASSISTANT ANA V. ADLER, OF FLORIDA SECRETARY OF THE ARMY, VICE MARY SALLY ERIC LOUIS ADLER, OF CALIFORNIA sent that the resolution be agreed to, MATIELLA, RESIGNED. MAZIN TERRY ALFAQIH, OF CALIFORNIA the preamble be agreed to, and the mo- DEPARTMENT OF THE TREASURY ANGELA MONICA ALLEN, OF NEW JERSEY KURT W. ALLRED, OF TEXAS tions to reconsider be considered made RAMIN TOLOUI, OF IOWA, TO BE A DEPUTY UNDER SEC- ADRIAN JOHN AMEN, OF OREGON and laid upon the table, with no inter- RETARY OF THE TREASURY, VICE CHARLES COLLYNS, ANNE CLAIRE D. ANDAYA–NAUTS, OF TEXAS RESIGNED. STEVEN E. ANDERSON, OF TEXAS vening action or debate. MELANIA RITA ARREAGA, OF ILLINOIS The PRESIDING OFFICER. Without UNITED STATES AGENCY FOR INTERNATIONAL KRIS ARVIND, OF ILLINOIS objection, it is so ordered. DEVELOPMENT THOMAS OWEN ASH, OF TEXAS ELIZABETH ATEGOU, OF ILLINOIS The resolution (S. Res. 422) was JONATHAN NICHOLAS STIVERS, OF THE DISTRICT OF CHRISTOPHER M. AUSDENMOORE, OF TENNESSEE agreed to. COLUMBIA, TO BE AN ASSISTANT ADMINISTRATOR OF AARON M. BANKS, OF NEW YORK THE UNITED STATES AGENCY FOR INTERNATIONAL DE- MOHAMMAD F. BARGHOUTY, OF NEW YORK The preamble was agreed to. VELOPMENT, VICE NISHA DESAI BISWAL, RESIGNED. JENNIFER BARNES KERNS, OF TEXAS (The resolution, with its preamble, is DEPARTMENT OF STATE ROBERT EDWARD BARNEY, OF ARIZONA printed in today’s RECORD under ‘‘Sub- DIANA MICHELLE BATES, OF COLORADO ALICE G. WELLS, OF WASHINGTON, A CAREER MEMBER THOMAS P. BENZ, OF VIRGINIA mitted Resolutions.’’) OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– NAZANIN BERARPOUR, OF CALIFORNIA

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NAMITA SHAH BIGGINS, OF NORTH CAROLINA SONIA LAUL, OF TEXAS DAVID M. WALTER, OF TEXAS DAVID A. BIGGS, OF TEXAS ELIJAH PIA COCKETT LAWRENCE, OF UTAH CHRISTOPHER DANIEL WALTON, OF CALIFORNIA ROBERT EDWARD BLAKESLEE, OF FLORIDA SUSAN BERNADETTE L’ECUYER, OF NEW JERSEY JONATHAN M. WEADON, OF MARYLAND BION NORTHAM BLISS, OF MARYLAND YOUNG E. LEE, OF TEXAS NATHAN WEBBER, OF UTAH PATRICK THOMAS BOLAND, OF VIRGINIA ERIKA REGINA LEWIS, OF ILLINOIS MATTHEW B. WEST, OF VIRGINIA JEANETTE KATHRYN BRACKETT, OF FLORIDA NINA S. LEWIS, OF FLORIDA SEAN PATRICK WHALEN, OF TEXAS DUSTIN WILLIAM BRADSHAW, OF HAWAII FRANCESCA GRACE LICHAUCO, OF CALIFORNIA STEFAN ROBERT WHITNEY, OF NEW YORK JESSICA LYNN BRADSHAW, OF PENNSYLVANIA ERIK D. LIEDERBACH, OF WISCONSIN SETH AARON WIKAS, OF OHIO BRIAN D. BRENDEL, OF MICHIGAN CHRISTINA F. LIM, OF VIRGINIA NATALIE WILKINS, OF COLORADO MICHAEL A. BROOKE, OF CALIFORNIA JULIE M. LIMOGES, OF CONNECTICUT BENJAMIN STEVEN WILLIAMS, OF TEXAS CAROLINE N. BROUN, OF MISSOURI JOHNNY J. LO, OF VIRGINIA MATTHEW JAMES WILSON, OF UTAH CHERONDA E. BRYAN, OF TEXAS PETER CHARLES LOHMAN, OF VIRGINIA CHRISTOPHER JOSEPH WILZ, OF CALIFORNIA CYNTHIA T. BURLEIGH, OF FLORIDA SARAH KATHLEEN LONGBRAKE, OF OHIO JEREMY R. WISEMILLER, OF FLORIDA BLAKE EDWARD BUTLER, OF TEXAS SARAH LUNDQUIST NUUTINEN, OF WISCONSIN SAM WORLAND-ESQUITH, OF VIRGINIA JUSTIN SCOTT BYTHEWAY, OF UTAH ANDERS EUGENE LYNCH, OF PENNSYLVANIA THE FOLLOWING NAMED MEMBERS OF THE FOREIGN KATHERINE E. CANTRELL, OF TEXAS STEPHEN C. MACLEOD, OF MARYLAND SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES ROBERT CAVESE, OF OHIO MINTA ELAINE MADELEY, OF TEXAS IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF DANIEL CEDERBERG, OF TEXAS EVAN CAMPBELL MAHER, OF WASHINGTON AMERICA: ELIZABETH CERABINO–HESS, OF CALIFORNIA JOZANNE ML MALONEY, OF UTAH JAMES CERVEN, OF VIRGINIA JASON REID MARTIN, OF NEW YORK DANA SCOTT ADKINS, OF VIRGINIA MEREDITH L. CHAMPLIN, OF FLORIDA LEAH ANN MARTIN, OF LOUISIANA JULIE PETERS AKEY, OF VIRGINIA ISABELLE CHAN, OF MINNESOTA KENNETH W. MCBRIDE, OF MINNESOTA SANDI R. B. ALLAWAY, OF OREGON VANNA CHAN, OF MINNESOTA KELLY RABELLO MCCALEB, OF VIRGINIA CHRISTOPHER N. ALLEN, OF THE DISTRICT OF COLUMBIA MATTHEW GLENN CHOWN, OF CALIFORNIA RICK MCDANIEL, OF FLORIDA LINA ANDERSON, OF VIRGINIA JACOB CHRIQUI, OF CALIFORNIA MARGARET MCELLIGOTT, OF THE DISTRICT OF COLUM- ANTOINE ABI ANTOUN, OF VIRGINIA MICHAEL HUGH COGNATO, OF PENNSYLVANIA BIA MICHAEL T. AZZARELLA, OF VIRGINIA BRADLEY STEWART COLEY, OF TEXAS MEGHAN EMILY MCGILL, OF WASHINGTON NARAYAN BADHEY, OF NEW YORK JASON ERIC CONROY, OF IOWA JOHN THORSEN MCKANE, OF THE DISTRICT OF COLUM- EMILY S. BAKER, OF VIRGINIA EDWARD JOSEPH COX, OF OREGON BIA ALISON FLANIGAN BASSI, OF THE DISTRICT OF COLUM- SARAH CRANSTON, OF TEXAS ANSON PIERCE MCLELLAN, OF TEXAS BIA M. KELLY CULLUM, OF MARYLAND PETER JOSEPH MCSHARRY, OF MASSACHUSETTS DANIEL JAMES BEAUCHAMP, OF ARIZONA KARLA A. DANIELS, OF CALIFORNIA JONATHAN MARC MERMIS-CAVA, OF CALIFORNIA SARAH M. BELOUSOV, OF FLORIDA KEVIN GREGORY DAUCHER, OF ARIZONA PATRICK JOSEPH MERRILL, OF CALIFORNIA WILLIAM C. BLISS, JR., OF VIRGINIA JAMESON LEE DEBOSE, OF NEBRASKA GEORGE MARCELLUS MILLER, OF OKLAHOMA JAMES S. BLITZET, OF VIRGINIA DIANE C. DEL ROSARIO, OF NEW YORK SHAMIS MOHAMUD, OF VIRGINIA ANDRA BONET, OF VIRGINIA STUART RICHARD DENYER, OF VIRGINIA MEAGHAN CHRISTINE MONFORT, OF THE DISTRICT OF STRAUN WOLFE BOSTON, OF CALIFORNIA NATHAN SHANE DETTMAN, OF UTAH COLUMBIA MARISSA BRADLEY, OF SOUTH DAKOTA CHRISTOPHER DE VEER, OF NEW YORK STEPHANIE VAN HOFF MONIOT, OF FLORIDA MATTHEW D. BRAVO, OF THE DISTRICT OF COLUMBIA THEODORE E. DIEHL, OF CALIFORNIA MICHELLE J. MORALES, OF FLORIDA SHANNON MARIE BRINK, OF COLORADO TABARI AHMED DOSSETT, OF CALIFORNIA WILLIAM MORGAN, OF NEW JERSEY ANTHONY BROSNAN, OF MISSOURI NATHAN T. DOYEL, OF VIRGINIA AUDREY FERN STAMPER MOYER, OF VIRGINIA ERIC W. BROWN, OF VIRGINIA DAVID DREILINGER, OF THE DISTRICT OF COLUMBIA BARBARA M. MOZDZIERZ, OF NEW YORK TUCKER AVINGTON BROWN, OF GEORGIA BAYLOR MCKAY DUNCAN, OF VIRGINIA TRAVIS J. MURPHY, OF KANSAS ALEJANDRO BULNES, OF VIRGINIA JEANIE MARIE DUWAN, OF VIRGINIA MAUREEN D. MURRAY, OF OREGON JOEL A. BURGER, OF THE DISTRICT OF COLUMBIA BRETT DVORAK, OF INDIANA ALEXIS VESTA RUTH MUSSOMELI, OF WASHINGTON PETER DAVID BURGESS, OF WASHINGTON MELANIE L. EDWARDS, OF LOUISIANA LORENZO B. NEW III, OF FLORIDA BRYAN THOMAS BURKE, OF VIRGINIA RACHEL EHRENDREICH, OF NEW YORK PHILIP DANIEL O’HARA, OF THE DISTRICT OF COLUMBIA ALAN M. BURRIS, OF VIRGINIA EVAN ELLIOTT, OF COLORADO IFEOMA MARY FRANCES OKWUJE, OF MARYLAND JAMES D. BURRISS, OF VIRGINIA JOEL ANTHONY ERWIN, OF TEXAS SERGEY OLHOVSKY, OF NEW JERSEY SADE D. CAMPBELL, OF VIRGINIA SAMANTHE A. EULETTE, OF NEW YORK KATHERINE EARHART ORDONEZ, OF GEORGIA FRANK A. CARDAMONE IV, OF MARYLAND DANIEL GLENN EVENSEN, OF UTAH LUKE D. ORTEGA, OF ARIZONA EDWARD SCOTT CARDEN, OF TEXAS TRAVIS WALTON FEUERBACHER, OF CALIFORNIA CLARE E. ORVIS, OF MASSACHUSETTS OLGA TERESA CARDENAS, OF VIRGINIA ADAM J. FIELDS, OF WASHINGTON ANDREW BELL PACELLI, OF ILLINOIS TIMOTHY RYAN CARPENTER, OF TEXAS JEROME S. FIELDS, OF MINNESOTA GEOFFREY ADAM PARKER, OF VIRGINIA BRIAN CARR, OF VIRGINIA NICHOLAS CHARLES FIETZER, OF MINNESOTA MAREN ELIZABETH PAYNE-HOLMES, OF VIRGINIA THOMAS G. CECIL, OF KENTUCKY JOEL A. FIFIELD, OF UTAH CHARLES JOHN PEREGO, OF PENNSYLVANIA BRYAN CHAMBERLAIN, OF UTAH JAMES PATRICK FINAN, OF WASHINGTON TIMOTHY M. PIERGALSKI, OF ILLINOIS REMONA G. CHARLES, OF VIRGINIA SAMUEL N. FONTELA, OF FLORIDA EITAN M. PLASSE, OF NEW YORK PETER H. CHENG, OF VIRGINIA BENJAMIN TODD FORD, OF VIRGINIA LINDSEY MICHELE PLUMLEY, OF ARIZONA HAT NIM CHOI, OF VIRGINIA ELIZABETH FRANKENFIELD, OF VIRGINIA REGIS PREVOT, OF MAINE DARIN CHRISTENSEN, OF OREGON M. SHAYNE GALLAHER, OF KENTUCKY URFA QADRI, OF FLORIDA VINCENT GABRIEL CILLI, OF PENNSYLVANIA PATRICK S. GAN, OF WASHINGTON MELISSA LEE QUARTELL, OF ILLINOIS ADAM R. COLVIN, OF ALABAMA EUGENE GARMIZE, OF NEW YORK VENKATESH RAMACHANDRAN, OF FLORIDA EDWARD J. DANIELSON, OF VIRGINIA PATRICK CHRISTOPHER GERAGHTY, OF FLORIDA DARREL RICHARD RASMUSSEN, OF WISCONSIN CHRISTOPHER SEAN DAVEY, OF VIRGINIA THOMAS MICHAEL GODDARD, OF MICHIGAN TOY INMAN REID, OF FLORIDA RENE P. DAVIDSON, OF VIRGINIA ERIN LEIGH GORDON, OF OHIO NICHOLAS HICKSON REYNOLDS, OF VIRGINIA CRAIG DENNISON, OF IOWA MONICA COLMENARES GRECO, OF FLORIDA AUSTIN R. RICHARDSON, OF COLORADO PATRICK G. DIGNAN, OF FLORIDA CHRISTOPHER DOUGLAS GREEN, OF FLORIDA MICHAEL KEITH RITCHIE, OF VIRGINIA ROBERT EDWARD DILLON, OF VIRGINIA DILLON MICHAEL GREEN, OF CALIFORNIA PETER JEROME RITTER, OF MINNESOTA COLIN JOHN DONOVAN, OF WISCONSIN MICHAEL GRIFFITH, OF THE DISTRICT OF COLUMBIA BRENDAN M. RIVAGE-SEUL, OF TEXAS DANIEL W. EBERT, OF TEXAS LEWIS F. GROW, OF FLORIDA DANE RALPH ROBBINS, OF TENNESSEE KEVIN GERARD ELLERBROCK, OF OHIO KOFI GWIRA, OF NEW JERSEY ERIN S. ROBERTSON, OF ALASKA MARK L. EVANS, OF TENNESSEE BERNADETTE REGINA HALAT, OF NEW YORK DAVID BIANCO ROCHFORD, OF LOUISIANA MARK FERULLO, OF THE DISTRICT OF COLUMBIA BRIAN HALL, OF TEXAS GRIFFIN T. ROZELL, OF TEXAS MANDY ZHANG FEUERBACHER, OF CALIFORNIA ERIK M. HALL, OF TEXAS AARON J. RYAN, OF MINNESOTA NEIL PATRICK FINNEGAN, OF MASSACHUSETTS LYDIA S. HALL, OF THE DISTRICT OF COLUMBIA BRIGID J. RYAN, OF MARYLAND JOHN R. FINNELL, OF MASSACHUSETTS MATTHEW ZAKIN HALLOWELL, OF NEW YORK RAPHAEL SAMBOU, OF CALIFORNIA MARGARET A. FISHER, OF CALIFORNIA JOEL B. HANSEN, OF NEVADA LAURA MARIE SANTINI, OF MINNESOTA PATRICK M. FITZGERALD, OF VIRGINIA B. CAIN HARRELSON, JR., OF GEORGIA MICAH M. SAVIDGE, OF PENNSYLVANIA KEITH L. FLICK, OF VIRGINIA JESSICA HARTZFELD, OF OHIO GEORGINA SCARLATA, OF VIRGINIA DARIN M. FOSTER, OF NEW MEXICO LAILA MITCHELL HASAN, OF ARIZONA HEIDI J. SCHELLENGER, OF MAINE ANNA V. FRAVEL, OF VIRGINIA NICHOLAS ADAM HASKO, OF WASHINGTON RICHARD E. SCHILLING, JR., OF TENNESSEE MONIKA J. GALVYDIS, OF VIRGINIA JAMES LINDLEY HATHAWAY, OF MONTANA STACY MICHELLE SESSION, OF COLORADO DANIELA GARRETON PEREZ, OF CALIFORNIA JONATHAN LEIF HAYES, OF THE DISTRICT OF COLUMBIA SOLMAZ SHARIFI, OF CALIFORNIA STACY ANN GORDONI, OF THE DISTRICT OF COLUMBIA LARINA HELM KONOLD, OF IDAHO SUCHETA SHARMA, OF GEORGIA TRACY ANNE MILLER GOSAR, OF VIRGINIA NICHOLAS C. HERSH, OF PENNSYLVANIA ADAM HARRIS SIGELMAN, OF NEW HAMPSHIRE BRANDON S. GRIFFITHS, OF CONNECTICUT JOHN P. HESFORD, JR., OF VIRGINIA ADAM SILVER, OF NEW JERSEY VIKRAM GUPTA, OF VIRGINIA EVA ELISE HOLM, OF WASHINGTON PETER T. SLOAN, OF VIRGINIA PHILLIP MAX GUTHRIE, OF TEXAS MATTHEW M. HUGHES, OF PENNSYLVANIA AMY L. SMITH, OF WISCONSIN TARA N. HALL, OF KANSAS CHRISTOPHER NEIL HUNNICUTT, OF NORTH CAROLINA SAMANTHA H. SMITH, OF OREGON JOSEPH HARBOUK, OF VIRGINIA KAREN E. HUNTRESS, OF MAINE TIMOTHY J. SMITH, OF WASHINGTON BRIAN NASH HARDESTY, OF VIRGINIA VI LUAT JACOBS-NHAN, OF WASHINGTON KERRI P. SPINDLER-RANTA, OF NEW HAMPSHIRE MICHAEL M. HARMON, OF NEW YORK BRYAN DAVID JANDORF, OF VIRGINIA RAJ SRIRAM, OF NEW YORK KELLY E. HARRINGTON, OF VIRGINIA MARCUS GEORGE EDGAR JASONIDES, OF SOUTH DAKOTA WILLIAM A. STARK, OF ARKANSAS KELLY LYNN HART, OF RHODE ISLAND STEPHANIE ANGELA JENSBY, OF VIRGINIA JACOB DARYL STEVENS, OF WASHINGTON MARCO A. HERNANDEZ, OF TEXAS AMON O. JOHNSON, OF WASHINGTON ROBERT MURRAY STEVENS, OF FLORIDA CONOR D. HICKTON, OF VIRGINIA NOLEN JOHNSON, OF WISCONSIN MAXWELL HARPER STONEMAN, OF UTAH STEPHANIE A. HICKTON, OF VIRGINIA ROSS GORDON JOHNSTON, OF THE DISTRICT OF COLUM- WALLACE FRANKLIN STURM III, OF ILLINOIS TRAVIS C. HIGGINS, OF VIRGINIA BIA DAWN MICHELLE SUNI, OF FLORIDA LEE ANDREW HILGARTNER, OF ALASKA ELIZABETH YOUNG JONES, OF FLORIDA DAVID ALLEN SWALLEY, OF CALIFORNIA RACHEL C. HINES, OF MARYLAND MIN G. KANG, OF FLORIDA MARK TEMPLER, OF ARIZONA DENNIE HOOPINGARNER, OF MICHIGAN AARON P. KARNELL, OF CALIFORNIA MIA TER HAAR, OF CALIFORNIA WILLIAM CHARLES HOPE, OF WASHINGTON MARGARET THOMSEN KATSUMI, OF MASSACHUSETTS CHRISTINA IRENE TILGHMAN, OF VIRGINIA JENNIFER N. HUBBARD, OF VIRGINIA RICHARD P. KAUFMAN, OF TENNESSEE JAY B. TRELOAR, OF FLORIDA ARIEL ANGELA HUERTA, OF CALIFORNIA MICHELLE MARGOT KAYSER, OF VERMONT JULIUS N. TSAI, OF VIRGINIA CHELSEA LYNNE HUTCHINSON, OF ILLINOIS MAURA M. KENISTON, OF MARYLAND AMANDA JEAN TYSON, OF VIRGINIA TODD ALAN JURKOWSKI, OF FLORIDA ANNA M. KERNER ANDERSSON, OF SOUTH DAKOTA SHARI LEE ULERY, OF COLORADO COURTNEY M. KAPLIN, OF VIRGINIA KELLI KETOVER, OF FLORIDA MATTHEW CARL UNDERWOOD, OF CALIFORNIA ALAN D. KATZ, OF FLORIDA DANIEL A. KIEFER, OF FLORIDA ANDREEA DANIELA URSU, OF VIRGINIA DIVYA D. KHOSLA, OF THE DISTRICT OF COLUMBIA JULI S. KIM, OF TEXAS ADAM K. VANDERVORT, OF VIRGINIA ERICA G. KIEHL, OF VIRGINIA KENDRA D. KIRKLAND, OF FLORIDA PHILLIP J. VANHORN, OF TEXAS KRISTIN E. KIEL, OF VIRGINIA ADAM C. KOTKIN, OF VIRGINIA LISA NUCH VENBRUX, OF PENNSYLVANIA YURI P. KIM, OF VIRGINIA ELIZABETH E. KOZLOW, OF VIRGINIA JESSE FREIMAN VICTOR, OF FLORIDA GAIL LANE-GRIFFITH KIRTLEY, OF MARYLAND MICHAEL J. KREIDLER, OF FLORIDA KEVIN JAKOB VOGEL, OF TEXAS NICHOLAS ANTHONY KLINGER, OF THE DISTRICT OF CO- ANAND KRISHNA, OF CALIFORNIA MELISSA DAATON VONHINKEN, OF VIRGINIA LUMBIA NANCY E. LAMANNA, OF CALIFORNIA JUSTIN THOMAS WALLS, OF TEXAS ANASTASIA MAE KOLIVAS, OF NEW HAMPSHIRE MARITA I. LAMB, OF PENNSYLVANIA CODY CANTWELL WALSH, OF NEW YORK ABRAHAM Y. LEE, OF MARYLAND

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00060 Fmt 4624 Sfmt 9801 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2393 JOSHUA LEE, OF VIRGINIA To be major general To be rear admiral RANDY C. LEE, OF VIRGINIA ANDREW G. LEYVA, OF VIRGINIA BRIG. GEN. WARREN D. BERRY REAR ADM. (LH) ALTHEA H. COETZEE PATRICK J. LOMBARDO, OF MICHIGAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) VALERIE K. HUEGEL DAVID J. LONGENECKER, OF VIRGINIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KRISTIN M. LUNDBERG, OF VIRGINIA CATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES NAVY TO THE GRADE INDICATED MATTHEW MAJERNIK, OF MARYLAND UNDER TITLE 10, U.S.C., SECTION 624: CALEB K. MAK, OF WASHINGTON To be major general FAITH KROEKER MAUS, OF MINNESOTA To be rear admiral SEAN D. MCGINNIS, OF PENNSYLVANIA BRIG. GEN. JON A. NORMAN THOMAS J. MCGOWAN, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) BRIAN B. BROWN LAURA B. MCINTYRE, OF VIRGINIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- REAR ADM. (LH) SEAN R. FILIPOWSKI ROCHELLE L. MCMURRAY, OF VIRGINIA CATED UNDER TITLE 10, U.S.C., SECTION 624: REAR ADM. (LH) BRETT C. HEIMBIGNER TIMOTHY SIMON MCNALLY, OF ILLINOIS To be brigadier general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GARHETT GRAHAM MECHAM, OF MARYLAND IN THE UNITED STATES NAVY RESERVE TO THE GRADE OMAR W. MEDINA, OF MARYLAND COL. RICKY N. RUPP INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: KEVIN ANDREW MILES, OF KANSAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KENNETH C. MILLEN, OF FLORIDA To be rear admiral (lower half) IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- KEVIN B. MILLS, OF VIRGINIA CATED UNDER TITLE 10, U.S.C., SECTION 624: CAPTAIN KEVIN C. HAYES ADNAN SUNNY MITHANI, OF TEXAS CAPTAIN DANIEL B. HENDRICKSON BRYAN S. MONTEITH, OF VIRGINIA To be brigadier general CAPTAIN THOMAS G. RECK DAVID E. MOORE, OF CALIFORNIA CAPTAIN LINDA R.D. WACKERMAN CYNTHIA MORENO, OF TEXAS COL. WALTER J. LINDSLEY CAPTAIN MATTHEW A. ZIRKLE ROBERT R. MORTON II, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHELSEA E. MOTTER, OF VIRGINIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LAURA A. MURPHY, OF VIRGINIA CATED UNDER TITLE 10, U.S.C., SECTION 8081: IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: ANDREW R. NELSEN, OF VIRGINIA To be major general KEITH C. NELSON, OF VIRGINIA To be rear admiral COURTNEY E. NICOLAISEN, OF VIRGINIA COL. ROOSEVELT ALLEN, JR. FRED FURAT ODISHO, OF ILLINOIS REAR ADM. (LH) SEAN S. BUCK THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED MICHAEL ARI OSKIN, OF ILLINOIS REAR ADM. (LH) MARK W. DARRAH STATES OFFICER FOR APPOINTMENT IN THE RESERVE ANDREW H. PAGE, OF THE DISTRICT OF COLUMBIA REAR ADM. (LH) MICHAEL M. GILDAY OF THE AIR FORCE TO THE GRADE INDICATED UNDER RICHARD J. PARR, OF TEXAS REAR ADM. (LH) JEFFREY A. HARLEY TITLE 10, U.S.C., SECTIONS 12203 AND 12212: LYNN M. PARTIK, OF VIRGINIA REAR ADM. (LH) KEVIN J. KOVACICH KURT PEARSON, OF WASHINGTON To be brigadier general REAR ADM. (LH) DIETRICH H. KUHLMANN III RICHARD E. PINKHAM, OF OHIO REAR ADM. (LH) VICTORINO G. MERCADO NATHAN MARC PINKUS, OF FLORIDA COL. RICHARD W. KELLY REAR ADM. (LH) JOHN C. SCORBY, JR. CHRISTOPHER JAMES PISTULKA, OF SOUTH DAKOTA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) JOHN W. SMITH, JR. CALEB PORTNOY, OF MASSACHUSETTS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- REAR ADM. (LH) RICHARD P. SNYDER JUSTIN MICHAEL PRAIRIE, OF MARYLAND CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE REAR ADM. (LH) SCOTT A. STEARNEY PAIGE LINCOLN THORNER PUNTSO, OF VIRGINIA AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION REAR ADM. (LH) JOSEPH E. TOFALO STACI RAAB, OF VIRGINIA 601: STEPHANIE L. REMAR, OF VIRGINIA IN THE AIR FORCE RYAN M. REYNOLDS, OF UTAH To be lieutenant general CHARLES LEWIS RIDLEY, OF FLORIDA THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- MAJ. GEN. CARLTON D. EVERHART II ROYAL S. RIPLEY, OF FLORIDA MENT TO THE GRADE INDICATED IN THE REGULAR AIR JUDD L. ROBERTSON, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 531: BRITTANY ELIZABETH ROGERSON, OF THE DISTRICT OF IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be lieutenant colonel COLUMBIA CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE RANDY L. ROOT, OF VIRGINIA AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION SCOTT A. RABER 601: SEAN WHITING RUTHE, OF TEXAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDREA MARIE SANTORO, OF GEORGIA To be lieutenant general TO THE GRADE INDICATED IN THE REGULAR AIR FORCE STEPHEN E. SAWKA, OF PENNSYLVANIA UNDER TITLE 10, U.S.C., SECTION 531: MARK JOHN SCHAVER, OF KENTUCKY MAJ. GEN. DARRYL L. ROBERSON To be major BRITTANY A. SCHICK, OF OKLAHOMA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KATHRYNE SCHILLING, OF THE DISTRICT OF COLUMBIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MARK D. LEVIN DONALD R. SEMON, OF CONNECTICUT CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAMON SEXTON, OF VIRGINIA AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION IN THE GRADE INDICATED IN THE REGULAR AIR FORCE AMELIA SHAW, OF NEW YORK 601: CRYSTAL SHERIDAN, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 531: NABIL SIDDIQI, OF VIRGINIA To be lieutenant general GENEVIEVE C. SIEBENGARTNER, OF OREGON To be major LT. GEN. ELLEN M. PAWLIKOWSKI NICHOLAS SHEAHAN SIEGEL, OF VIRGINIA JEREMY P. GARLICK HANNAH SIN, OF CALIFORNIA IN THE ARMY DERICK A. SAGER RICHARD N. SLOANE, OF THE DISTRICT OF COLUMBIA JEFFREY SPOON, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR REGULAR AP- SARAH RACHEL STEPHENS, OF OKLAHOMA IN THE UNITED STATES ARMY TO THE GRADE INDICATED POINTMENT IN THE GRADE INDICATED IN THE UNITED FREDERICK W. THIELKE, OF VIRGINIA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: SCOTT C. TUTTLE, OF NEW YORK RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be major CHRIS J. TYLER, OF MARYLAND To be lieutenant general MATTHEW THOMAS VAN WAES, OF NEW YORK TONYA Y. WHITE OREN VARNAI, OF MARYLAND MAJ. GEN. KAREN E. DYSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEREMY VENTUSO, OF CALIFORNIA IN THE NAVY TO THE GRADE INDICATED IN THE UNITED STATES AIR HEATHER E. WADSWORTH, OF VIRGINIA FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOSHUA W. WALKER, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major MERRY MICHELLE WALKER, OF MICHIGAN IN THE UNITED STATES NAVY TO THE GRADE INDICATED BART J. WALKINS, OF THE DISTRICT OF COLUMBIA UNDER TITLE 10, U.S.C., SECTION 624: DANIEL L. ROSERA JESSICA E. WARDER, OF FLORIDA MICHAEL Y. WARDER, JR., OF FLORIDA To be rear admiral THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHELLE KRISTINE WARREN, OF THE DISTRICT OF CO- TO THE GRADE INDICATED IN THE UNITED STATES AIR LUMBIA REAR ADM. (LH) MATHIAS W. WINTER FORCE UNDER TITLE 10, U.S.C., SECTION 624: KATHRYN WESTLUND, OF THE DISTRICT OF COLUMBIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel JOEL R. WILLETT, OF KENTUCKY IN THE UNITED STATES NAVY RESERVE TO THE GRADE CALDWELL R. WILLIG, OF KENTUCKY INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: JASON E. OBRIEN NICOLAS ROBERT WISECARVER, OF VIRGINIA ERIK D. RUDIGER SHIRLENE YEE, OF ARIZONA To be rear admiral (lower half) IN THE ARMY VERA ZDRAVKOVA, OF IDAHO CAPT. THOMAS W. LUSCHER DA YU ZHAO, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY R. ZIHLMAN, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE TO THE GRADE INDICATED IN THE RESERVE OF THE IN THE AIR FORCE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral To be colonel IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- STANLEY F. ZEZOTARSKI CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE REAR ADM. (LH) ERIC C. YOUNG AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 601: IN THE UNITED STATES NAVY RESERVE TO THE GRADE TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be lieutenant general INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: To be rear admiral (lower half) To be major MAJ. GEN. SAMUEL A. GREAVES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. KEITH M. JONES ERIC S. COMETTE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE IN THE UNITED STATES NAVY RESERVE TO THE GRADE TO THE GRADE INDICATED IN THE UNITED STATES ARMY AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: 601: To be rear admiral To be major To be lieutenant general REAR ADM. (LH) JANET R. DONOVAN WILLIAM D. SWENSON MAJ. GEN. JOHN F. THOMPSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE TO THE GRADE INDICATED IN THE UNITED STATES ARMY IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: CATED UNDER TITLE 10, U.S.C., SECTION 624: To be rear admiral To be major To be brigadier general REAR ADM. (LH) MARTHA E. G. HERB GREGORY R. SHEPARD COL. LEE E. PAYNE REAR ADM. (LH) JOHN F. WEIGOLD THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE UNITED STATES OFFICERS FOR APPOINTMENT TO IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES NAVY RESERVE TO THE GRADE THE GRADE INDICATED IN THE RESERVE OF THE ARMY CATED UNDER TITLE 10, U.S.C., SECTION 624: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211:

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00061 Fmt 4624 Sfmt 9801 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE S2394 CONGRESSIONAL RECORD — SENATE April 10, 2014 To be colonel AARON S. FLETCHER RYAN J. MANN MARAEA M. A. FLUKER MARVIN S. MARK DAVID F. CAPORICCI MATTHEW J. FONTAINE WILLIAM N. MARMION JAMES G. JONES NICHOLAS R. FORLENZA DAVID W. MATHEW LARRY M. PINKERTON, JR. STEVEN L. FOSTER DEAN A. MATHIS WILLIAM C. REITEMEYER JEREMY J. FOX MICHELLE S. MCCARROLL CHRISTOPHER L. SELVEY MICHAEL A. FRAAS QUENTIN D. MCCART TYLER B. SMITH ANDREW E. FULTON RICHARD J. MCCUAN DAVID J. UNDERWOOD BRANDON M. FULTON JOSHUA L. MCDONALD ERIC G. WISHART THOMAS S. FURMAN TIMOTHY M. MCGEE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS L. GAINES PAUL MCKNIGHT TO THE GRADE INDICATED IN THE UNITED STATES ARMY KELLEY L. GALLOWAY JOSHUA S. MEADOR UNDER TITLE 10, U.S.C., SECTION 624: ARTURO M. GARCIA, JR. GILBERT C. MENDOZA ANDREW D. GARDNER JOSHUA A. MENDOZA To be major VITALY D. GELFGAT SAUL MEREJO DANIEL J. GERSHEY JASON W. MERRIMAN STEPHEN R. ABRAMS SARAH E. GET RICARDO MEZA LEONEL B. ACOBA WALTER A. GIBBONS RICHARD K. MICHEL VASILIOS AGAPIOS ANDREW D. GIESEY GREGORY J. MINETOS PAUL W. ALDAYA MICHAEL A. GLOVER TABBER N. MINTZ DANIEL R. ALEXANDER BENJAMIN W. L. GONG TYLER J. MITCHELL CHRISTOPHER R. ALLEN EDUARDO A. GONZALEZ TYRONE A. MOORE NATASJA K. ALLEN JUSTIN S. GRATZEL JASON R. MORALES CARLOS D. ALVAREZ EDWARD W. GREEN, JR. MALIKAH S. MORGAN MATTHEW D. APOSTOL KYLE A. GREENBERG MARCUS A. MORGAN CHRISTOPHER M. ARDOHAIN ROBERT L. GRIER EROL K. MUNIR BRYAN B. AULT ANDREW Z. GRIMES RYAN M. NEELY ALEXANDER D. BAILEY ALFRED W. GRISSIM, JR. FRANCIS S. NELSON SCOTT M. BAILEY MATTHEW P. GROSS RUSSELL J. NELSON BRIAN M. BAPTIST ALLAN C. GRYSKEWICZ RYAN M. NELSON JODY L. BARTH JASON C. HALL UCHENNA K. NJOKU TRISH A. BASILE JEFFREY R. HAMER PRISCELLA A. NOHLE JENNIFER L. BATES GREGORY I. HAMILTON CHRISTIAN S. W. NOUMBA TIFFANY R. BATISTE DAVID L. HAMLIN SAMUEL E. NUXOLL SCOTT A. BEAL MATTHEW D. HARDY JOHN M. OLIVER BRIAN R. BECK STEPHEN B. HARKER COURTNEY R. OLSON RACHEL K. BECK MICHAEL S. HARMISON KYLE D. PACKARD DAVID R. BEERS, JR. BRIAN J. HARRIS JENNIFER R. PARKER JOHN R. BELANGER CLYDE D. HARRIS NATHAN L. PARKER LAUREN J. BELL MARK R. HASEMAN DAVID S. PARSONS PATRICK J. BELL WALTER G. HEDRICK IV JOSHUA J. PASSER MICHAEL G. BENNER MICHELLE A. HENDERSON EDWARD D. PATTERSON WILLIAM R. BENNETT STEPHANIE D. HENDERSON STEVEN P. PATTERSON BRADFORD M. BETHEA II WILLIAM J. HENNESSY BRANDON H. PAYNE PAUL M. BISHOP THOMAS M. HICKEY MICHAEL J. PEDERSON CHRISTOPHER S. BIZOR ANDREW J. HIGHTOWER DANIEL P. PESATURE CHARLES L. BONDURANT DRUANN HILL DAVID J. PETERSON JEFFREY M. BONHEIM JASON C. HILLMAN SPENCER W. PHILLIPS JONATHAN S. BORDERS NICHOLAS J. HITT TIFFANY L. PHILLIPS DWAYNE E. BOWDEN MAURIO S. HOLSTON NICHOLAS B. PICKFORD SAMUEL J. BOYD NICHOLAS M. HOLTZ MATTHEW J. PICKLE ALAN R. BOYES CLARISA A. HORTON FRANTZ PIERRE CRAIG A. BREWER PAUL E. HOUK THOMAS C. PLANT TIMOTHY M. BROOKS DANIEL R. HUDALLA FRANCISCO R. POLZIN QUENTIN L. BROWN EDWARD A. HUDSON ERIC F. PRAZINKO TERRENCE T. BRUNO BLAKE K. HUFF AARON M. PROBST DOLORES R. BRYANT DAVID S. HULSE JOELLE S. QUIAPO KRISTEN M. BUMCROT TAMAR N. HURDITT CHRISTOPHER J. RANKIN MARREO T. BURCH JASON P. HUSSEY ANDREW J. RAYMOND DAX E. BURROUGHS SCOTT A. HUTCHISON FRANK D. REMILLARD SPENCER R. CALDER SHAMEKA T. HYDER AARON J. RETTKE CHRISTOPHER N. CAMPBELL OTIS J. INGRAM JOEL W. RHEA DANIEL C. CANCHOLA JOSEPH L. JACKSON BRANDON W. RICHARDS GLEN E. CARR II JOSEPH A. JAUNICH PAUL F. RICKMEYER PAUL M. CARROLL NICHOLAS D. JEFFERSON DANIEL W. RIESENBERGER JERMAINE A. CARTER JACOB M. JENDREY ROBERT D. RIGGS JOHNATHAN N. CARTER SPENGER JEUNE AARON S. RITZEMA RONALD A. CARTER ANDREW R. JOHNSON JEAN F. RIVERAGARCIA DANIEL D. CASTLE JUSTIN L. JOHNSON ELIEZER D. RIVERALOPEZ RAYLEE D. CAVAZOSCAVASIER MATTHEW J. JOHNSON ANGEL L. ROBLES CHANEL M. CHAMBERLIN TIMOTHY M. JONES DAVID G. RODRIGUEZ KENYARDA A. CHAMBERS STEPHEN J. JOOSTEN JESUS S. RODRIGUEZ ALICIA R. CHAPMAN TODD C. JUSTICE VIVIANA RODRIGUEZ REBECCA B. CHARLES LINCOLN L. KAFFENBERGER STEPHANIE ROGERS CHRISTOPHER J. CHRISTIANA BRIAN P. KALAHER DAVID ROKHLIN WOOWON CHUNG MUSTAFA KAMALREZA MARTIN R. ROSARIO BARRIE J. CIOTTI ISSA KAMARA JAMES F. ROSEBERY ROBERT W. CLARKE, JR. BARCLAY D. KEAY JERWIN P. RUAZOL TRICIA M. CLARKE ROBERT D. KEELER COREY H. RUCKDESCHEL MARC D. CLEVELAND CHRISTOPHER J. KEGEL JOSEPH D. RUHL SAMUEL E. CLONCH LEJUANA L. KEHL KEVIN M. RYAN GARRETT A. CLOSE NICHOLAS A. KEIPPER BENJAMIN J. RYDER LOUIS D. COGSWELL EVAN B. KELLY SIMON D. SANCHEZ RYAN E. COLLINS ANDREW R. KEMP ANDREW R. SANDSTRUM SERGIO CONTRERAS, JR. BRITNEY E. KENNEDY RANDY C. SCHNELL JAMES R. COOKE DARREN J. KERR RAYMOND C. SCHULTZ MICHAEL P. COOKE BENJAMIN J. KIM JOSHUA D. SCHULZ DAVID R. COOPER JACOB J. KIM JASON H. SEALES STEPHEN T. COPPEDGE DANIEL J. KOEPKE KERRIE M. SECOND CHAD D. CORBIN JAMES P. KOLKY DONALD E. SEDIVY DANNY P. CORNEJO NICHOLAS J. KRANITES RYAN M. SEE DAVID L. CORNELIUS MICHAEL W. KUMMERER BENJAMIN J. SEIBERT NANCY I. CORTES MERLIN J. KYNASTON MICHAEL D. SEMINELLI BRENT P. COURTNEY DANIEL P. LAAKSO REZA SHAMS WAYNE J. DAHL, JR. TIMOTHY W. LAMBERT MICHELLE L. SHARP JEFFREY A. DALEY JAMES M. LAMBRIGHT VICTOR M. SHEPHERD JASON K. DAVIDSON ERIK J. LAMPE JASON J. SHERRILL EVAN R. DAVIES BRIAN S. LANEY CHRISTOPHER E. SHERWOOD KRISHNA L. DAVIS CHRISTOPHER M. LAREAU WILLIAM J. SHIELDS MICHAEL R. DAVIS TIMOTHY H. LAWRENCE HEIDI B. SHIRLEY WILLIAM J. DENN COLIN L. LAYNE ERIC J. SIDIO BRIAN A. DEVLIN BRIAN G. LEBIEDNIK JASON T. SILER AMANDA G. DODD ANDREW J. LEE MICHAEL P. SILVERMAN CHRISTOPHER A. DRERUP PAUL H. LEE CHRISTOPHER W. SIMS DUSTIN W. DURST NATHAN A. LEPPERT ARKORN SINGHASENI JORDAN J. EARLEY CHRISTOPHER S. LILL DAVID P. SINON ADAM R. EATON JOSHUA B. LIMBERG JESSE L. SKATES NOAH A. EMERYMORRIS NICHOLAS R. LINSE TAD A. SLATTER D S. EPSTEIN JESSAMYN J. LIU CAROL M. SMITH CRYSTAL D. ERNST JOHN C. LIVINGSTON KEVIN R. SMITH SAMUEL O. FADARE PETERO LOLE PHILIP J. SMITH TERRANCE E. FAVAROTH JAMIE C. LONG VALARIE A. SOLIS ERIN L. FELLA LEE C. LORENZ CAMERO K. W. SONG AARON J. FERGUSON IZABELLA LUNDY TIMOTHY P. SORENSEN MATTHEW D. FERGUSON KYLE R. LUOMA STEVEN K. SOUZA JEFFREY R. FIELDS PAUL A. LUSHENKO WILLIE C. SPENCER II SLOAN C. FISK SANTINO A. MAFFEI CHRISTOPHER M. STACY

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CASSANDRA L. STALL JEFFREY R. BLACKSHER CALEB S. GREEN JAMES J. STALL MARK D. BLAIN NATHAN L. GREER ROBIN A. STARK BRYAN K. BLOCKLINGER, JR. DEMARIO A. GROVER AUSTIN T. STARKEN ZACHARY R. BOCK NATHANIEL J. GROVES CRAIG D. STARN ROBYN E. BOEHRINGER JAMES O. GRUBE BERRY M. STATON SHARI S. BOWEN ELISABET GUILLEN BRITTIANE V. STATON DAVID J. BOWERS DANIEL P. GUSTKE ZACHARY M. STAUDTER ADAM G. BRADFORD LARRY M. GWINN PATRICK R. STAUFFER ORNA T. BRADLEY RONALD H. HAAS JONATHAN D. STJOHN MARLON J. BRIDE JOSHUA M. HAFER ERIC R. STOLLE BART B. BRIMHALL WILLIAM F. HAGUE DANIEL S. SUMMERS JAMES D. BROOKS ERIC J. HALLGREN ERIC A. SWETT JASON H. BROTHERTON JERRY M. HALLMAN, JR. JEFFREY S. SWINFORD CHRISTOPHER M. BROWN MICHAEL R. HANNAH DERRICK N. SYED KEIRN C. BROWN RONALD L. HARO CALVIN W. TAETZSCH MINDY A. BROWN MICHAEL S. HARRELL JONATHAN C. TAYLOR NADIYA BRYANT JAMES E. HARRIS IV JASON P. TEMPLET RORI P. BUCHANAN CHRISTOPHERJAMES A. HART WILBERT E. THIBODEAUX III STEPHANIE F. BUNKER JEFFREY M. HART DONALD W. THOMAS MICHAEL F. BURNS DIRK C. HASBACH RODNEY J. THOMAS BRIAN C. BUTCHER JASON A. HAYNES KATIE L. THOMEN JUAN A. CANTU JEREMY HAYNES LYNDSEY L. THOMPSON CATHERINE C. CARLSON KEITH R. HEINDL MATTHEW K. THOMPSON RANDALLE M. CARTER JOSEPH D. HENDERSON ARTURO A. TIBAYAN TIMOTHY J. CASHEN RONALD A. HENDERSON AUDREY T. TIUMALU MARY M. L. CASTERLINE PATRICK W. HENSON DARIA A. TOLER PHILLIP CASTILLO JAMES B. HICKEY TREVER P. TOLER DAVID E. CERRATO MATTHEW E. HILL KENNETH E. TORRES JIMMY Y. CHANG CRYSTAL E. HINES DAVID K. TOY NICHOLAS J. CHERRY GEORGE E. HORNE JASON A. TURNER ERICA E. CHIN MATTHEW T. HORSTMAN NICHOLAS R. TURNER FELECIA S. CHINA PATRICK T. HORVAT MICHAEL A. VALENTINE ANGELA N. CHIPMAN TROY D. HOUSTON CHARLES M. VANOTTEN YONG C. CHOE BRAD R. HUCKO DOUGLAS R. VASQUEZ WON S. CHUNG ERIC J. HUGGARD MARC C. VIELLEDENT NATHANIEL S. CINCALA JERRICK J. HUNTER MICHAEL D. VILLALOBOS FRANCINE Y. CLARKE RYAN P. HURLEY PATRICK S. WACHUTKA TRAVIS T. COATES CHADWICK E. HYMAN STUART A. COLEMAN WALTER L. IVORY, JR. CHRISTOPHER S. WADSWORTH ERIKA J. COLLINS NICOLE L. JACKSON CHRISTOPHER J. WAGENER ANDREW W. COLSIA RODNEY D. JACKSON JOSEPH W. WALKER NANCY A. COLSIA RONALD D. JACKSON JOSHUA R. WALKER DAVID H. COOK LENDRICK Y. JAMES MARLON A. WALKER JAMES R. COOK MISTY D. JAMES SAMUEL M. WALKER LEON A. COOK STEVEN D. JEFFERSON SCOTT D. WARES LAVONE J. CORDON STACEY N. JELKS MATTHEW D. WATERFIELD TWYGENA M. COTTON ANGELA N. JEWETT JAMES B. WEAKLEY ROBERT J. COVINGTON DEVANIE N. JOHNSON ANNAH M. WEAVER STEPHANIE B. CRAWFORD ERIC M. JOHNSON BRITTANY L. WEIGHTMAN JOHN P. CRUMLEY JOSEPH H. JOHNSON III BRYANT A. WELLMAN MICHAEL A. CUMBIE NATHALIA J. JOHNSON ASHLEY E. WELTE STEVEN R. CUSACK PATRICE L. JOHNSON RYAN M. WEMPE ROBERT A. CUTHBERTSON ROY C. JOHNSON BRENDAN T. WENTZ ANDRE L. DARLING–WHITTEN CRYSTAL R. JONES MATTHEW C. WESMILLER FERNANDO M. DELRIO JACOB V. JONES EVAN M. WESTGATE JORGE DELTORO JEREMIAH JONES KIRA C. WEYRAUCH FREDERICK T. DEQUINA KEITH A. JORDAN SARAH M. WHITTEN MATTHEW J. DERFLER REUBEN T. JOSEPH ROBERT H. WIDMYER HEATHER S. DETERS CHAD M. JUHLIN GREGORY M. WILHELM DAVID V. DIELMANN HASSAN M. KAMARA AARON A. WILLIAMS MICAH J. DIGREZIO JASON T. KAPPES ANTHONY WILLIAMS PHILIP H. DILLINGHAM SAMUEL J. KARR JAMILA N. WILLIAMS DAMIAN L. DIXON MICHAEL Z. KEATHLEY SIDNEY I. WILSON JASON B. DOLAN KELLEY A. KEATING STEPHANIE J. WILSON KRISTIN M. DONETH MICHAEL B. KEE KEVIN D. WINFREY KELVIN J. DOUGLAS ZACHARY J. KEEFER GREGORY R. WORTMAN YAKENA M. DOUGLAS CAMERON M. KEOGH JON I. WRIGHT CHARMAINE M. DOUSE TODD KETTERER DONGSHENG XIE RAYMOND J. DROESSLER ISMAIL A. KHAN SONG H. YI TARON S. DUKES JOHN F. KIEFER DANIEL L. ZIMMERMAN DUSTIN C. DUMBRAVO THOMAS F. KIRCHGESSNER CHAD M. ZINNECKER ROSALYN R. DUMBRAVO BRIAN R. KNUTSON D011223 DERRICK H. DUNLAP WILLIAM B. KOBBE D011702 WAYNE A. DUNLAP JODI D. KRIPPEL D011782 JOHN D. DUNLAPP MATTHEW F. KROG D011862 BRETT T. DUNNING LAMOND I. LACEY D011871 JASON C. DUPUIS DEVEILLA N. LAMBERT D012050 JUSTIN J. DWYER PATRICK A. LANIER G010127 TASHA M. DYER NOLAN O. LASITER G010129 ANDREW M. ELJDID GAVIN R. LASKOWSKI G010228 JOHN D. ENFINGER ROYDREGO V. LAVANT G010232 PATRICK J. ENGEMAN JOSEPH J. LEE G010257 ROBIN A. ESKELSON MARIBEL M. LEE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT YVONNE M. EVANGELISTA WAYNE R. LEE, JR. TO THE GRADE INDICATED IN THE UNITED STATES ARMY RAYMOND M. EVERHART RYAN K. LERDALL UNDER TITLE 10, U.S.C., SECTION 624: KYLE D. FAILS CHARMAIN L. LETT To be major BARRY B. FARMER DAVID B. LEVERETT PEDRO E. FERNANDEZ ZACHARY M. LEWIS ISAIAH C. ABBOTT JAMES F. FINK WALTER D. LILLEGARD LEONARD D. J. ACQUISTAPACE JUSTIN M. FITCH WILLIAM D. LINCOLN JACOB P. ADDY PAUL R. FLANIGEN JASMIN A. LIRIO ADEBAYO T. ADELEKE JEFFREY D. FOSTER YITEH LIU HENRY J. AGUIGUI RORY C. A. FOSTER NORMAN D. LOCKHART KWAME O. AGYEMANG CISCO J. FULLER CHRISTOPHER W. LOWRY RAYMOND D. AKERS BRIAN J. FURBER BENJAMIN J. LUKAS JOHN H. ALBRIGHT MEILING T. FYE ALLEN J. LUNA JAMES I. ALFARO PAUL M. GARCIA LIONEL MACKLIN, JR. ELLIS E. ALLEN III CHAD D. GARDINER BRIANNA M. MAIER JEREMY W. ALLIE CHRISTOPHER D. GARDINER STEPHEN M. MALLORY MARRIO A. ALMADA JONATHAN G. GARDNER JAMES J. MANUEL AUBREY R. ASHFORD CHRISTOPHER B. GARRETT CAMERON D. MAPLES JERMAINE A. ATHILL QUENELLA L. GARRETT ERIC J. MARAFFI JASON C. ATKINSON DAVID C. GARRISON ERIC P. MARTIN STEVEN J. AUSTIN MATTHEW J. GARVIN JOSEPH B. MARTIN LEONARD J. BAKLARZ BRANDON J. GATES LENFORD D. MARTIN ARTHUR R. BALL, JR. FREDERICK A. GAYLES MICHAEL J. MARTIN ANDREW J. BAME TIMOTHY P. GIBBONS RYAN P. MARTIN APRIL L. BAPTISTE–ROBERTSON RYAN P. GILLES CATHERINE M. MARTINEZ BRENDAN L. BARCLAY CHRISTINA N. GILLETTE SIDNEY E. MASON BENJAMIN A. BARRETT HALDANE C. GILLETTE ANTON H. MASSMANN MATTHEW J. BARWICK JEREMY J. GLENZ AARON L. MATTHEWS WILLIAM P. BASS ABRAHAM P. GOEPFERT TELISHA L. MATTHEWS JOSE G. BELTRE MICHAEL A. GOLD BRADLEY A. MATTISON DANIEL J. BELZER ASHLEY M. GOLDMAN MATTHEW D. MATTISON MATTHEW C. BENDER EDDIE M. GORBETT MATTHEW G. MAXWELL ROLAND L. BETHEA MARSHALL L. GRAY LEV L. MAZERES ANDREW D. BIONDI ANDREW T. GRAZIANO EBRIMA F. MBAI

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JEREMY J. MCCRILLIS CHRISTINA S. VALENTINE BRANDON W. BRANCA LATASHA D. MCCULLAR AGUSTIN O. VALERIONUNEZ JOSEPH R. BRANCH WILLIAM G. MCDUSTRELL CHRISTOPHER P. VANDELIST MARVIN T. BRANCH LATECIA S. MCGRADY RODRICO P. VARGAS ROBERT C. BRAND MAGEN L. MCKEITHEN ANGEL A. VEGACOLON BENJAMIN D. BRANDS DONIEL D. MCPHAIL NICHOLAS D. VIAR NATHAN A. BRANEN SARAH E. MICHOLICK ALEXANDER B. VICTORIA ERIN E. BRASWELL ANDREW P. MILLER PETER J. VILLALUZ KEVIN L. BRASWELL MATTHEW C. MILLER CLIFTON J. VINCENT JAMES V. BRAUDIS WILLIAM R. MILLS II JUAN M. VIRUETCOLLAZO NATHAN S. BRAXTON KEITH A. MINER JASON D. WAGNER SEAN P. BREEN JON D. MOHUNDRO PETER C. WARNER LANCE B. BRENDER SENECA H. MOORE NOAH WASHINGTON, JR. KYLE P. BRENGEL JONATHON A. MORALEE HAROLD K. WATSON DEVIN R. BRIGHT CARLOS G. MORALES MATTHEW M. WEBB MICHAEL D. BRIMAGE DAVID MORENO DANIEL K. WEIDMAN ANDREW A. BROWN ALLISON N. MORSE RYAN P. WELCH DAVID L. BROWN RACHEL A. MULLHOLLAND GARY L. WHEELER JENNIFER M. BROWN TRAVIS J. MUNSCH BARRY J. WHITE JEREMY P. BROWN DANIELLE D. MURRELL REGINALD V. WHITE MORGAN R. BROWN SHAWN C. NAIGLE MICHAEL D. WHITTEN WILLIAM R. BROWN JOSEPH W. NALLI JASON E. WHITUS BENJAMIN P. BROWNLEE PATRICK J. NELSON LATIA K. WICKLIFFE EREKE D. BRUCE BRANDON E. NIXON INGA A. WILDERMUTH TANYA J. BUCKLEY LYNDSEY R. NOTT ERVIN J. WILLIAMS ERICK D. BUCKNER JONATHAN D. OBLON STUART P. WILLIAMS KATHERINE A. BUEHNER KAI H. OBOHO YOLANDA G. WILLIAMS HERMAN E. BULLS, JR. THOMAS J. OBRIEN RYAN M. WILSON JASON K. BURFORD OTAZERIA B. ODIBO MATTHEW R. WIMMER JOHN A. BURKHART JUSTIN M. OLES SHADRIKA Y. WITHERSPOON CLINT E. BURLESON JACOB P. OLSZEWSKI ROSILYN C. WOODARD ELLIOTT B. BURNS JOSHUA A. ONEILL BRIAN W. WORSHAM JOHN P. BYLER MATTHEW B. OTTO YOLANDA V. WRIGHT JOSEPH K. BYRNES TIMOTHY J. OWENS JAMIL WYNN MATTHEW J. CAHILL KIMBERLY E. PAGE LOURDES M. YANESMOORE MATTHEW E. CAIN DION D. PANDY DWAYNE M. YOUNG CHRISTOPHER R. CALWAY SHAWN D. PARDEE VANCE E. ZEMKE JOSHUA J. CAMBRA JOEL PARKER MICHAEL E. CAMPBELL SHERRI L. ZIMMERMAN KLAIROONG PATTUMMA RICHARD C. CAMPBELL D011465 TRAVIS G. PECK GREGORY W. CANADY D012187 CHRISTOPHER D. PENDLETON MICHAEL V. CANN ASHLEY E. PHILBIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL P. CAPOZZA CHARLES L. PHILLIPS TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID CARATTINI TRAVIS A. PHIPPS UNDER TITLE 10, U.S.C., SECTION 624: PETER D. CARETTO CLINTON E. PIERCE To be major JUSTIN D. CARLTON NICHOLAS R. PINES COURTNEY W. CARNEGIE JAMIE E. PITTMAN JASON K. ABBOTT CLAYTON O. CARPENTER JOHN A. PLITSCH CLINTON M. ACKLIN JOSEPH R. CARR FELIPE POSADAMONTES DENVER K. AKI MICHAEL A. CARRION CHRISTOPHER D. PRICE NEIL R. ALCARIA WILLIAM CARRION II JUSTIN D. PRIESTMAN NICOLE M. ALEXANDER JUAN M. CASTELLANOS ROBERT J. PRIGMORE ANTHONY J. ALLEN SEAN M. CASTILLA JERMAINE C. PRUITT JACOB A. ALLEN MICHAEL D. CASTILLO CHAD E. RABURN JONATHON M. ALLEN FELIX CASTRO BRYAN J. RALLS MOHAMADOU M. AMAR IVAN CASTRO LUCAS J. RAND BLAKELY M. ANDERSON JASON D. CASTRO RUBEN A. RANGEL JAMES C. ANDERSON MICHAEL J. CENTOLA ELFONZO J. REED BENJAMIN K. ANDRUS JONATHAN M. CHAKERES ALETHIA D. REYNOLDS CHRISTOPHER R. ANTHONY JARED A. CHANDLER JILLIAN C. RIVERA MICHAEL J. AREVALO CHAD J. CHAPMAN KATHERINE E. ROBERTSON ALLYN L. ARMESON ALBERT J. CHATWOOD STEVEN C. ROBINETTE SAMUEL A. ARNETT TRINIDAD N. CHAVEZ EDWARD D. ROBINSON CRAIG D. ARNOLD II KURT E. CHEESEMAN GERALD A. ROBINSON JAMES S. ARTHURS, JR. DEBORAH L. CHEN ESPERANZA RODRIGUEZSIDDALL CHAD J. ASHE JEFFREY J. CHENARD RICHARD F. ROGERS BRANNON L. ASKEW CHAD P. CHENOWETH WAYNE D. ROGERS, JR. MARK C. ASKEW TIMOTHY W. CHESS CLINTON A. ROUNTREE MARK A. AXTELL GEOFFREY D. CHILDS NICHOLAS L. ROWLAND RICHARD A. BABBITT SCOTT M. CHRISTIE CASEY A. RUMFELT WILLIAM S. BADER JOHN K. CHUNG YASHICA T. RUSHIN WESLEY R. BAER JON M. CHYCHOTA JASON A. RUSSELL RICHARD J. BAILEY THOMAS J. CIESLAK DARSHAREE J. SAIK ANDREW J. BAILIFF TOBIAS R. CLARK ADAM M. SAMIOF CHAD M. BAKER STEVEN L. CLEGHORN ALFREDO M. SANCHEZ JONATHAN S. BAKER JOSHUA W. CLEMMONS MARIA E. SANCHEZ CHRISTOPHER L. BALA CHARLES T. CLIFFORD MIGUEL N. SANTANA KEVIN S. BALENTINE DANIEL J. CLINEBELLE MATTHEW B. SCHADE MICHAEL D. BALES JUSTON R. CLYMORE HEATHER L. SCHMITT TIMOTHY S. BALL JEREMY T. COATES JASON M. SCHULZ ANDREW R. BALLOW SEAN R. COCHRAN ELIZABETH A. SCHWEMMER ROBERT J. BARNO JONATHAN A. COE ANDREW M. SCRUGGS JONATHAN D. BATE PETER N. COFFMAN MARION P. SEWELL, JR. KEVIN M. BEASLEY SEAN R. COFFMAN JOSIE E. SHAHEEN THOMAS L. BEATTIE JARED D. COIL JEFFREY D. SHAMSI JEFFREY M. BEEMAN CHRISTOPHER T. COLBERT TYRONE D. SHIELDS TYSON J. BEHNKE PATRICK M. COLE LESLIE A. SHIPP DANIEL R. BELL TAD J. COLEMAN ERIC P. SHOCKLEY NICHOLAS P. BELL ANTHONY F. COLGARY JAMES E. SHORT LUKAS B. BERG MARK E. CONKLIN SHAWN M. SKINNER JEFFREY M. BERNARD RYAN D. CONLEY DIECILLA T. SLEDGE JEFFREY C. BESS WILLIAM F. CONNERS ATIYA M. SMITH CELIO S. BIERING TIMOTHY C. CONNORS CHRISTIAN J. SMITH ADRIAN O. BIGGERSTAFF DANIEL G. CORBETT RACHEL Z. SMITH DONALD J. BIGHAM GREGORY J. CORMIER STEVEN T. SMITH RANDALL F. BITTNER JOSEPH R. CORSENTINO EMILY H. SPENCER JEFFREY S. BLACK RICKY COTTO JASON E. STAIB MICHAEL C. BLAKE JONATHAN S. COUCH JOSEPH C. STALNAKER JOSIAH B. BLALOCK JEFFREY M. COUGHLIN GWENDOLYN E. STANCIL BENJAMIN T. BLANE DAVID R. COWAN KEITH E. STEWART JOSHUA J. BLIZZARD LUCAS M. CRABTREE DAVID W. STORRS JAMES A. BLOOM, JR. CARL A. CRANDALL MIGDALIA SUMMERVILLE DUSTIN D. BLUM ADAM B. CREEL MATTHEW W. SWIM RYAN L. BOEKA JUSTIN W. CROCKER ROBERT M. SZYMANSKI JOSEPH C. BOGART WILLIAM A. CROSS ALLEN J. TAYLOR ANDREW S. BOGGS MARY C. CRUMBY JUSTIN B. TEAGUE JOHN Q. BOLTON RICARDO CRUZ JOSEPH E. TEXIDOR CHRISTOPHER A. BOLZ JUSTIN M. CUFF KASANDRA B. THARP JOSHUA P. BOST JEREMY P. CURRIN COLE M. THERKILDSEN CRAIG W. BOSVELD AARON J. DANIELE LATASHA R. THOMAS JESSE H. BOULTON CARL J. DANKO WALDRELL J. THOMAS, JR. DANIEL K. BOURKE ESTAN N. DAVIS JOHN D. THOMPSON GERALD L. BOWMAN KARL A. DAVIS, JR. MATTHEW K. THOMPSON GABRIEL R. BOWNS MATTHEW D. DAVIS JEFFREY L. TIMMONS ANDREW H. BOYD SEAN J. DAVIS ALEX J. TORRES CHESTER D. BOYLES ALEXANDER R. DEAN BELINDA C. TREVILLION JORDAN G. BRADFORD CLAYTON J. DEGENHARDT MATTHEW A. TURCOTTE MARK BRANA DAVID A. DELLERMAN

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REID M. DENSON MATTHEW C. HAITH KEVIN F. KRUPSKI BRIAN J. DERMODY DENNIS W. HALL MORGAN H. LAIRD RANDY S. DESJARDIN, JR. JASON M. HALLIGAN WILLIAM R. LAMBERT DAVID W. DESJARDINS DAVID P. HALPERN JOHN E. LANDRY DERRICK W. DEW JOHN D. HAMMETT, JR. JAMES E. LANGFORD MATTHEW J. DEWITT SANG K. HAN STEVEN M. LANNI JASON R. DICKINSON RORY P. HANLIN JOSHUA A. LARSON JOHN A. DICKSON HENRY V. HANSEN CLIFFORD D. LATTING JOSEPH J. DIDOMENICO PAUL W. HANSON PETER A. LAWALL MATTHEW C. DIVICO TODD J. HARALSON JOSHUA D. LAZZARINI SEAN M. DIXON PAUL B. HARGROVE JOHNATHAN D. LEE RICHARD D. DOBKINS, JR. STEPHEN G. HARNSBERGER MARK J. LEE JOHN S. DOCKERY JOSE A. HARO MICHAEL H. LEEPER JOHN P. DOLAN JACQUELINE A. HARRIS JOSHUA O. LEHMAN ROBERT J. DOMITROVICH EDWARD N. HARRISON MICHAEL A. LENGEL TIMOTHY J. DOWNING KELLY S. HAUX KENYON M. LENO JOSHUA R. DRAKE MICHAEL E. HAVEY, JR. DAVID J. LENZI II JOHN T. DREW JASON L. HAWKINS JOSHUA T. LEVALLEY BRANDON R. DROBENAK AARON E. HEATH LEVI M. LEWELLYN BRIAN J. DROHAN SCOTT P. HEESEMANN MELISSA L. LEWIS NICHOLAS R. DUBAZ ULRICH HELLMEIER JUSTIN A. LIESEN RYAN R. DUFFY JEREMY R. HENDRICKS MICHAEL S. LINNINGTON THOMAS G. DULL DANIEL M. HENDRIX LISA M. LIVINGSTON CHRISTOPHER T. DUPREY SEAN D. HENLEY KEVIN W. LOCKETT STEVEN A. EATON DEVIN M. HENRY PAUL G. LOCKHART WILLIAM N. EBERLE BRIAN R. HICKERSON ALBERTO J. LOCSIN ADAM C. ECCLESTON ANDREW M. HILL MATTHEW R. LOMMEL SCOTT R. EDEN DAVID C. HILLING NATHAN P. LONGWORTH IAN D. EDGERLY WILLIAM M. HILLS JASON W. LOPEZ BENJAMIN J. EDWARDS RYAN A. HINTZ CHRISTOPHER G. LOSCHIAVO KENNETH P. ELGORT SCOTT M. HINZ CHRISTOPHER R. LOSSING BRANDON T. ELLISON CRAIG HOBBS KEVIN M. LOUGHNANE SCOTT D. ELWELL ANTHONY T. HOEFLER THOMAS R. LOVELESS ANGELA M. ERALE DOUGLAS E. HOER CURTIS T. LOWRY JESSE J. ERICKSON TROY A. HOKANSON DANIEL R. LUDWIG VITO J. ERRICO MATTHEW T. HOLDEN WILLIAM C. LUKA, JR. JONATHAN W. ERWIN SEAN M. HOLLARS JOSHUA A. LYONS TYLER J. ESPINOZA MATTHEW R. HOLLEY JERRAULD MA JACOB M. ESTRADA SAMUEL D. HONE II IAN B. MACGREGOR MATTHEW T. ETHERIDGE EDWARDARTHUR K. HOOMALU WILLIAM T. MACH III BRIAN D. EVANS ZACHARY T. HOOVER TANIKA T. MACIAS JAMES G. FALLS III BENJAMIN J. HORNER BRANDON J. MACKEY DAVID R. FARRAR KEVIN A. HORRIGAN DAVID N. MACPHAIL JENNIFER L. FAUTH JEREMY N. HORTON JOHN F. MADDEN DARRELL E. FAWLEY PAUL C. HORTON MORGAN MAIER AURLBRIO L. FENNELL MATTHEW A. HOVDE NICHOLAS J. MAKSIM ANTHONY J. FERA JOSHUA A. HOWARD NATALIE G. MALLICOAT KATIE R. FIDLER RYAN D. HOWELL JOSEPH R. MANGAN MICHAEL A. FIGER LISA J. HUBBARD EMBER S. MANIEGO EDUARDO M. FIGUEROA JACOB J. HUBER DONNALE L. MANN FELIX FIGUEROA DANIEL R. HUFF REIMUND G. MANNECK ARI D. FISHER TY HUFFMAN BENJAMIN H. MARCH SHAWN P. FITZGERALD BREG A. HUGHES REED T. MARKHAM DEREK R. FITZPATRICK JAYSON L. HUGHES ADAM M. MARSH THOMAS G. FITZPATRICK TUCKER N. HUGHES KEITH A. MARSHALL RYAN Q. FLAHERTY LEE C. HUMPHREY JEFFREY L. MARSHBURN RANDOLPH J. FLEMING ROBERT W. HUMPHREY ANDREW P. MARTIN CORY S. FLORENCE JESSICA B. HUTTON BRANDON K. MARTIN JUAN FLORES RICHARD W. B. HUTTON JACOB J. MATHEWS LUIS N. FLORES NICHOLAS R. INGRAO RONNIE L. E. MATHIS VANCE C. FLOWERS JACK B. IRBY JASON J. MATOVICH THOMAS L. FLYNN JEREMY L. IRVINE SCOTT K. MATTINGLY OWEN G. S. FOGARTY RUSSELL J. ISAACS BRETT M. MATZENBACHER MICHAEL Z. FOOR ROBERT B. ISRAEL JOEL D. MAXWELL JOHN C. FORD MATTHEW A. IVES THOMAS J. MCCARTHY CHAD M. FORSYTHE MARK W. IVEY DAVID A. MCCOLLUM AMOS C. FOX JOSHUA J. JACQUEZ IAN M. MCCONNELL JOHN J. FRAYER BRIAN W. JAMES CHARLES T. MCCORMICK JUSTIN L. FRAZIER NICHOLAS M. JAMES BENJAMEN A. MCDANIEL JOSEPH A. FREDERICK MICHAEL C. JEANETTA EDWARD L. MCDONALD TARIK K. FULCHER HEATH L. JENNI PATRICK M. MCGUIGAN CURT F. FULMER NATHAN A. JENNINGS JAMES M. MCKAY SEAN M. GAILEY BRIAN R. JENSON PATRICK W. MCLAIN STUART E. GALLAGHER CHRISTIAN R. JOHNSON DANIEL W. MCMANUS JEFFREY R. GAMBLE JACOB T. JOHNSON TERENCE L. MCMILLAN TERRY E. GAMBREL ROLLAND H. JOHNSON JOSEPH E. MCNAIR JULIO A. GARCIA RYAN R. JOHNSON WILLIAM R. MCNALLY ROCKNEE M. GARDNER KYLE M. JOHNSTON MATTHEW D. MCNEAL CHRISTOPHER R. GARNETT SHAWN R. JOKINEN JORGE A. MEDINA MEGAN J. GARRETT KELLY S. JONES JEFFREY B. MEINDERS JAMES A. GARRISON MICHAEL L. JONES MATTHEW A. MELONI WILFORD L. GARVIN RICKY R. JONES GEORGE B. MELTON JOHN P. GASSMANN CAMDEN S. JORDAN DANIEL N. MENDEZ ELISABETH C. GERHARDT STEPHEN M. JUNG THOMAS J. MENN JASON A. GILCHRIST MICHAEL J. KAISER ERIC W. MERCER JEFFERY M. GIVENS MATTHEW J. KAPLAN GRIFFIN J. MERRILL ERIC M. GLASSMAN DOUGLAS K. KAPULE RALPH C. MERRILL JEFFREY D. GLICK ADAM M. KARR SEAN A. MERRITT JEFFREY L. GOINES MICHAEL R. KEASLER SCOTT F. MERTZ ANDREW M. GOLDEN CHRISTINE M. KEATING ANTHONY A. MESSENGER ALBERT J. GOMEZ THEODORE A. KEHLER JOHN A. MEYER DANIEL E. GONZALEZ ADAM C. KELLER JOSEPH I. MEYER DELVIN M. GOODE PATRICK J. KELLEY JOSHUA A. MEYER GARY C. GOODMAN SHAWN H. KELLEY JASON G. MICHAELS DANIEL D. GOODWIN DAVID R. A. KELSO RUSSELL J. MICHO BENJAMIN J. GORCZYNSKI DAVID A. KENDZIOR RYAN R. MIDDLEMISS VINCENT C. GOTHARD CHRISTIAN S. KENNERLY BRIAN M. MIDDLETON JARED G. GRAHAM ELIJAH S. KERNRUESINK PAUL J. MILAS LARRY P. GRAHAM ALEXANDER A. KERR CHRISTOPHER M. MILLER JEREMY L. GRAY CHAD E. KESSLING MATTHEW R. MILLER WALTER C. GRAY DON Y. KIM STEVEN J. MILLER BRADLEY S. GREAVER JONATHAN T. KIM DONALD S. MINCHEW BRANT L. GREEN STEVE Y. KIM NICOLE R. MINER BRIAN P. GREEN WILLIAM J. KIMMINS PAUL B. MINNIE ROBERT W. GREEN CARL A. KING, JR. KELLY R. MISELES ROBERT W. GREEN CHARLES W. KING RUSSELL G. MITSCHERLING KYLE L. GREENHECK BRENT B. KINNEY MICHAEL T. MIXON GERALD W. GREENLEE NATHAN G. KISH MICHAEL P. MOAD DAVID W. GRIFFITH KYLE A. KIVIOJA WECHNER MOMPREVIL RUSSELL P. GRIGSBY JASON R. KNEIB KENT B. MONAS BRIAN D. GRIMSLEY ANDREW M. KOCHLI DYLAN J. MONTGOMERY BRENDAN W. GRISWOLD MICHAEL J. KOLLER APRIL M. K. MOORE VICTOR T. GRONENTHAL SHANNON E. KONVALIN JEFFREY P. MOORE CLINTON J. GUTIERREZ MICHAEL P. KOVALSKY MICHAEL B. MOORE DANIEL F. GWOSCH BRADLEY J. KRAUSS JOHN R. MORRIS BRIAN L. HAAS WILLIAM K. KREBS RONALD L. MORRIS TODD R. HABITZREUTHER JEFFREY J. KROHN DOUGLAS J. MORRISON

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DANIEL D. MORSE ALBERT L. ROSS GARRETT P. TURLEY MICHAEL J. MOYER CHRISTOPHER P. ROSSI CHRISTOPHER A. TURNER JONATHAN R. MRAZ CHARLES P. ROWAN JAMES R. VANCE JOHN F. MULHOLLAND TYLER J. RUND MATTHEW R. VANEPPS RYAN A. MURPHY JASON A. RUSSELL ALAN M. VARGO WILLIAM C. MURRAY LAWRENCE W. RUSSELL, JR. RUSSELL VARNADO ELIJAH A. MYERS WILLIAM A. RUSSO PHILLIP T. VAUGHN MICHAEL S. NAFF KEVIN E. RYAN LORIN D. VEIGAS JOSHUA A. NAILLON LINDSAY A. RYAN MICHAEL L. VENAFRO CHAD A. NAKAMURA PHILIP A. SANABRIA DAVID W. VENEY SETH B. NASON CESARE A. SANTAROSA RICHARD W. VESPA, JR. JOSEPH M. NATTER CESAR H. SANTIAGOSANTINI JOHN P. VICKERY MATHEW B. NEYLAND PHILLIP R. SAULS RONALD K. VINYARD KHA M. NGUYEN HAYDEN D. SCARDINA JOSEPH F. VOGEL COREY A. NICHOLS KURTIS J. SCHAAF TREVOR J. VONNAHME CHRISTIAN C. NICOLAS CHARLES L. SCHAEFER LUCAS R. WADSWORTH SETH R. NIEMAN CLIFFORD K. SCHAEFER JARED H. WAGNER MATTHEW G. NOREUS ROBERT J. SCHAFFLING JULIE A. WAGNER ERIK S. NORMAN MATTHEW B. SCHARDT BRIAN C. WALKER JASON L. NORQUIST RANDY M. SCHILLING JOSHUA J. WALKER KELLY R. NORRIS ERIC J. SCHMITZ LIAM P. WALSH ERIKA A. NOYES CARLTON M. SEARCY SHANNON M. WALSH PATRICK J. OBRIEN, JR. KENNETH A. SEGELHORST SEAN C. WALSTROM CHRISTOPHER B. ODOM JAMES L. SELF PETER B. WALTHER NICOLO O. OLCESE DAVID T. SHAMS TIMOTHY C. WALTON MARCO D. OLEDAN KIRK K. SHANDS LINCOLN R. WARD TREVOR P. OMALLEY JOSHUA B. SHAVER CHRISTOPHER M. WARDLAW PATRICK J. OROURKE BENJAMIN G. SHEAN MOHAMMAD I. WASEEM JUAN J. ORTIZ JEREMIA Z. SHEEHAN JAMES L. WATSON JOSEPH F. OSMANSKI III JOHN T. SHELTON JASON C. WATSON RUBEN A. OTERO JOHN J. SHERIDAN CHRISTOPHER D. WEBB JUSTIN J. OTTENWALTER JONATHAN L. SHERRILL JUSTIN T. WEBB ALAN R. OVERMYER JASON M. SHICK CAROLYN M. WEHRHEIM JOSEPH E. OWENS WOO C. SHIN IAN A. WELCH DANIEL V. PACE NATHAN E. SHOWMAN MICHAEL J. PADDEN ROBERT J. SHUMAKER NICKOLAS J. WELCH LAURA E. PANGALLO STEPHEN M. SIEGNER DOUGLAS M. WELLS CHEYNE C. PARHAM SCOTT T. SIGGINS JASON S. WENGER RALPH S. PARLIN JOSHUA I. SILVER MARCO P. WENNESON CHARLES R. S. PARSONS JOSHUA C. SIMS ANTHONY M. WERTZ ROBERT A. PARSONS WILLIAM R. SITZE PETER J. WETTERAUER GREG A. PASQUANTONIO DANIEL A. SJURSEN JACOB A. WHARTON TYLER J. PATTERSON AARON K. SMITH TERRON O. WHARTON JAMES P. PATTON CHRISTOPHER D. C. SMITH ANTHONY A. WHEELER JUSTIN S. PATTON HOWARD R. SMITH GARY M. WHIDDEN SEAN M. PATTON JUSTIN M. SMITH JASON L. WHITE CHRISTINA A. PAYNE MICAH S. SMITH JAY S. WHITTAKER ROBERT D. PAYNE MICHAEL K. SMITH JORY E. WHORTON JONATHAN L. PAYNTER RICHARD J. SMITH DANIEL S. WILCOX JOSEPH W. PAYTON SCOTT W. SMITH MATTHEW P. WILKINSON THOMAS E. PEABODY WADE H. SMITH CHRISTOPHER G. WILLIAMS DANIEL K. PECK MATTHEW C. SMOOSE DORIAN J. WILLIAMS CHAD A. PELTIER ANTHONY J. SNIPES JAMAINE J. WILLIAMS CHARLES E. PENN ROBERT E. SNOW JASON A. WILLIAMS IAN T. PEOPLES JOHN M. SOLOMON JOSEPH W. WILLIAMS III MATTHEW A. PERDUE NICHOLAS A. SOROKA TIMOTHY J. WILLIAMS DAVID PEREZ DAVID M. SPANGENBERG ROBERT F. WILLIAMSON JOSEPH D. PERRY GRANT M. SPEAKES AUSTIN M. WILSON JEROME A. PETERSEN DAARON L. SPEARS DAVID A. WILSON ANDREW A. PFEIFFER JOHN D. STAEHELI LINUS D. WILSON BRENT PFEIFFER MICHAEL P. STALLINGS JOSHUA D. WINES ANDREW R. PHILLIPS DANIEL R. STANLEY, JR. PAUL S. WINTERTON CALEB G. PHILLIPS SEAN R. STAPLER LLOYD B. WOHLSCHLEGEL JOSEPH J. PHILLIPS TERENCE K. STAPLES SCOTT F. WOIDA THOMAS G. PIERCE ANNE M. STARK CECIL E. WOLBERTON IAN C. PITKIN NEIL B. STARK MASEY V. WOLFE LARRY M. PITTS COREY M. STEINER THOMAS P. WOMBLE ROSS C. PIXLER TRAVIS J. STELLFOX CHRISTOPHER L. WONG BRIAN P. PLOVER DANIEL M. STEPHENS MATTHEW R. WOOD JONATHAN P. PLUNDO THEODORE W. STEPHENS SHAWN T. WOODARD FRENCH D. POPE BRADLEY STUBBLEFIELD PHILLIP J. WORKS MICHAEL A. PORGES LYNN W. SULLIVAN GERALD F. WYNN DANIEL J. POUTIER ADAM F. SUMMERS CANESSA R. YANCEY JAMES M. POWERS BENJAMIN T. SUMMERS L. YORK MATTHEW L. PRATT JOSHUA T. SUTHOFF SHAUN M. YOUNG SAMUEL M. PRICE III STANLEY S. SWAINTEK DAVID S. YU LAURA A. PROFFIT MICHAEL P. SWANGER RONALD J. YUHASZ, JR. RICHARD P. PURCELL NATHANIEL L. SWANN PATRICK H. YUN WILLIAM C. PYANT MARK A. SWINEY TIMOTHY D. ZALESKY KRISTOPHER M. PYETTE CHRISTOPHER S. SYLVAIN JOSHUA J. ZARUBA DAVID B. QUAYLE ADAM L. TALIAFERRO RUSSELL D. ZAYAS MICHELE C. QUILLE NICHOLAS B. TARAN LUKE A. ZECK JOHN D. RADNOCZI MATTHEW M. TARAZON WILLIAM B. ZEWADSKI RAMON A. RAMOS GRACIETTE TAVARES ANDREW F. ZIKOWITZ RUBEN RAMOS ANDREW W. TAYLOR AMY M. ZOLENDZIEWSKI BENJAMIN D. RAPHAEL ANDREW M. TEAGUE SCOTT M. ZOLENDZIEWSKI TIMOTHY M. RATLIFF JASON C. TEBEDO D011352 JULIAN A. RAVILIOUS CHARLES A. TELESCO D011701 DOUGLAS W. K. RAY THOMAS J. TEPLEY D011804 RANDY D. READY ALEXANDER J. TESAR D012084 JEFFREY C. REED JEREMY M. TETER IN THE MARINE CORPS TYE L. REEDY CHAD E. THIBODEAU JAMES M. REILLY CHRISTOPHER R. THIELENHAUS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TRAVIS N. REINOLD ANTHONY S. THIES TO THE GRADE INDICATED IN THE UNITED STATES MA- MIKEL E. D. RESNICK ANNE N. THOMAS RINE CORPS RESERVE UNDER TITLE 10, U. S.C., SECTION EFRAIN REYNA CURTIS A. THOMAS 12203: DOUGLAS W. REYNOLDS DEMARIUS L. THOMAS KEVIN R. RICE JOHN C. THOMAS To be colonel PATRICK R. RICE CHARLES E. THOMPSON JAMES P. EDMUNDS III RACHEL M. RICE LEVI THOMPSON MICHAEL T. LEGENS, JR. THOMAS C. RICHERT GABRIEL M. THORN RUSSELL W. MANTZEL ROSS M. RIDGE MASON W. THORNAL CRAIG J. PRICE TERRY L. RIESEL, JR. JAMES D. THORNTON THOMAS E. RINGO BETH A. RIORDAN MARY E. THORNTON TERRY L. STEIN, JR. ANGEL J. RIOSPELATI JEREMY E. TILLMAN JASON L. WALLACE JARED A. RIPPERGER TIMOTHY R. TOERBER PAUL B. WEBB ERICH K. ROBERTS JOHN P. TOLL JOHN R. ROBINSON WALTER R. TOMPKINS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN S. ROBINSON TRAVIS N. TOOLE TO THE GRADE INDICATED IN THE UNITED STATES MA- JASON L. ROCK CESAR TORRES RINE CORPS RESERVE UNDER TITLE 10, U. S.C., SECTION ROBERTO RODRIGUEZ GERARD L. TORRES 12203: ERIC N. ROLES LEHA R. TOTTENWADE To be colonel WIDMAR J. ROMAN RYAN T. TRAVIS JASON ROMANELLO DAVID C. TRENT LEONARD F. ANDERSON IV JONATHAN ROMANESKI TRAVIS A. TRIPP MARK H. BACHARACH RITA C. ROSALESGONZALEZ KYLE T. TROTTIER TIMOTHY J. BLEIDISTEL MICHAEL E. ROSCOE ALLEN M. TRUJILLO MICHAEL G. BRENNAN

VerDate Sep 11 2014 10:45 Feb 05, 2015 Jkt 000000 PO 00000 Frm 00066 Fmt 4624 Sfmt 9801 E:\RECORD14\APR 2014\S10AP4.REC S10AP4 DSKD7QTVN1PROD with CONG-REC-ONLINE April 10, 2014 CONGRESSIONAL RECORD — SENATE S2399 DARRIN S. BRIGHTMON To be captain To be vice admiral ROBERT W. BRUCE KIP P. BUNTEN WILLIAM A. GARREN REAR ADM. WILLIAM D. LEE CHAD J. BURKE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THADDEUS COAKLEY TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN SCOTT A. CRAIG UNDER TITLE 10, U.S.C., SECTION 624: THE UNITED STATES COAST GUARD AND TO THE GRADE SCOTT D. CROCKETT INDICATED UNDER TITLE 14, U.S.C., SECTION 50: LUIS G. DELVALLE To be commander SARAH Q. FULLWOOD To be vice admiral LEANDER J. SACKEY MAX GORALNICK REAR ADM. CHARLES W. RAY THOMAS C. GRESSER II THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN P. HANLON IN THE GRADE INDICATED IN THE REGULAR NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM W. HOOPER UNDER TITLE 10, U.S.C., SECTION 531: TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN PATRICK S. HOULAHAN To be lieutenant commander THE UNITED STATES COAST GUARD AND TO THE GRADE BURL Z. HUDSON INDICATED UNDER TITLE 14, U.S.C., SECTION 50: KENNETH E. HUMPHREY CHRISTOPHER M. DAVIS To be vice admiral BRADLEY S. JEWITT TROY F. LIDDI REAR ADM. CHARLES D. MICHEL JEFFREY P. LIPSON f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS F. MARBLE AS VICE COMMANDANT OF THE UNITED STATES COAST PETER C. MCCONNELL CONFIRMATIONS GUARD AND TO THE GRADE INDICATED UNDER TITLE 14, JEFFREY J. MCNEIL U.S.C., SECTION 47: ABRAHAM M. MUNOZ BRIAN M. OLEARY Executive nominations confirmed by To be vice admiral KARL D. PIERSON the Senate April 10, 2014: BRIAN H. ROBERTS VICE ADM. PETER V. NEFFENGER BRIAN P. ROBINS IN THE COAST GUARD COAST GUARD NOMINATIONS BEGINNING WITH RUBY L. STEVEN J. SINNER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLLINS AND ENDING WITH MICHAEL W. WAMPLER, JEFFREY A. STIVERS TO THE GRADE INDICATED IN THE UNITED STATES WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CHRISTOPHER P. TANSEY COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271(D): AND APPEARED IN THE CONGRESSIONAL RECORD ON TERRANCE R. THOMAS III JANUARY 16, 2014. CHARLES R. WATKINS To be rear admiral COAST GUARD NOMINATIONS BEGINNING WITH WIL- SCOTT A. WILLIS LIAM C. ADAMS AND ENDING WITH ADAM K. YOUNG, LINDA L. FAGAN DERRICK C. YOUNG WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THOMAS W. JONES KONSTANTIN E. ZOGANAS AND APPEARED IN THE CONGRESSIONAL RECORD ON STEVEN D. POULIN JANUARY 16, 2014. JAMES E. RENDON IN THE NAVY COAST GUARD NOMINATIONS BEGINNING WITH KEVIN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT J. LOPES AND ENDING WITH MARIETTE C. OGG, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE UNITED STATES COAST GUARD AND TO THE GRADE PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY UNDER TITLE 10, U.S.C., SECTION 624: INDICATED UNDER TITLE 14, U.S.C., SECTION 50: 6, 2014.

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