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

Vol. 160 WASHINGTON, WEDNESDAY, FEBRUARY 26, 2014 No. 32 House of Representatives The House met at 10 a.m. and was line is this: ‘‘Obama to Karzai: Time afford to pay our own bills without called to order by the Speaker pro tem- running out for security deal.’’ going to foreign governments to bor- pore (Ms. ROS-LEHTINEN). Madam Speaker, based on recent row money. f polls, this would be good news for the Madam Speaker, it is time for Con- American people if we would not con- gress to reach out and to say that we DESIGNATION OF SPEAKER PRO tinue this relationship with Afghani- listen to the American people. When we TEMPORE stan. It is nothing but an absolute are talking about not even being able The SPEAKER pro tempore laid be- waste of the taxpayers’ money, and the to take care of our veterans, and we fore the House the following commu- American people are sick and tired of are going to cut programs for children nication from the Speaker: it. A recent poll last week by Gallup and senior citizens, and even our vet- WASHINGTON, DC, showed that almost 50 percent of the erans are in jeopardy of getting the February 26, 2014. American people believe that the war benefits that they have earned, it is I hereby appoint the Honorable ILEANA in Afghanistan was a mistake to start time for the American people to put ROS-LEHTINEN to act as Speaker pro tempore with. pressure on Congress to have this de- on this day. I can honestly say this: If it was not bate that many of us in both parties JOHN A. BOEHNER, a mistake to start with, it is a mistake Speaker of the House of Representatives. would like to have, quite frankly. now that we continue to support and Madam Speaker, I have beside me a f spend money on a corrupt leader photograph of a young man named Eric MORNING-HOUR DEBATE named Karzai. Edmundson. Eric, in 2005, was in a Madam Speaker, as I listened to the Humvee that was hit by an IED that The SPEAKER pro tempore. Pursu- Secretary of Defense Chuck Hagel yes- ant to the order of the House of Janu- terday talk about financial pressure on exploded. Eric has been in the national ary 7, 2014, the Chair will now recog- our military and the budget that he Wounded Warrior Project ads across nize Members from lists submitted by will be supporting that Mr. Obama has this Nation. the majority and minority leaders for proposed, I wonder why we in Congress Eric is like so many of the wounded. morning-hour debate. are not allowed to debate on the floor We just don’t really think about them The Chair will alternate recognition of this House—and I am not talking every day, but we should. Eric has a between the parties, with each party about the Senate now—whether we be- wonderful wife. His mom and dad were limited to 1 hour and each Member lieve that we should have a 10-year able to retire to New Bern, North Caro- other than the majority and minority agreement with Afghanistan. lina, which is in my district, and help leaders and the minority whip limited Again, we are talking about spending Eric have a quality of life. to 5 minutes, but in no event shall de- anywhere from $3 billion to $4 billion a Madam Speaker, I can honestly tell bate continue beyond 11:50 a.m. month. It is borrowed money from the you that we have got so many veterans f Chinese and Japanese, and we continue that we are going to need to take care to raise the debt ceiling because we of who earned the right for this govern- AFGHANISTAN cannot pay our own bills. It is time for ment to take care of them that we are The SPEAKER pro tempore. The the Congress to speak out on behalf of going to have a tsunami that is going Chair recognizes the gentleman from the American people and say enough is to hit this Congress in a few years, and North Carolina (Mr. JONES) for 5 min- enough. we are going to wonder how in the utes. To be clear, this agreement that world can we give these wounded and Mr. JONES. Madam Speaker, I am on President Karzai has adamantly re- their families what they have earned the floor again today to talk about Af- fused to sign, as The Washington Post and deserve. ghanistan—the absolute waste of life reported earlier this week, during a De- Madam Speaker, it is time for this and money. cember visit to Kabul, Hagel suggested Congress to put pressure on the leader- A lot of people don’t realize this, but that the late-February NATO meet- ship of the Republican Party and the if you go back to 2001, the war in Iraq ing—meaning this week—was a cutoff Democratic Party to force a discussion and Afghanistan, we have spent over point for Afghan President Karzai to and a debate on the future of our finan- $1.5 trillion, which averages out to sign the bilateral strategic agreement cial involvement in Afghanistan. about 11.2 million tax dollars paid that sets the terms for a post-2014 U.S. With that, Madam Speaker, I am every hour by the American people. presence. going to ask God to please bless our In today’s national paper, the USA Madam Speaker, we cannot any men and women in uniform. I ask God Today—and other headlines—the head- longer police the world. We can hardly to please bless the wounded, to bless

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

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VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1942 CONGRESSIONAL RECORD — HOUSE February 26, 2014 the families who have given a child I met with the supervisor, Hannah El- VENEZUELA dying for freedom in Afghanistan and liott, and an incredible group of volun- The SPEAKER pro tempore. The Iraq. And I ask God to please bless the teers, which included a chef and people Chair recognizes the gentlewoman from House and the Senate, that we will do from all walks of life, who prepared nu- Florida (Ms. ROS-LEHTINEN) for 5 min- what is right in the eyes of God for tritious meals for those who are strug- utes. God’s people, and to please bless the gling. Ms. ROS-LEHTINEN. Madam Speak- President of the United States, that he I talked to the people who came in to er, today I rise for those who cannot also would do what is right in the eyes have one of these nutritious meals. speak freely in Venezuela. Widespread of God for America. These people are our neighbors. These demonstrations have broken out f people have worked to make this coun- throughout Venezuela to protest an op- END HUNGER NOW try great. Some of them are veterans. pressive regime that seeks to silence the people and deny their fundamental The SPEAKER pro tempore (Mrs. They have fallen on hard times and can’t afford to eat. And thank God for freedoms of expression and the right to LUMMIS). The Chair recognizes the gen- assembly. tleman from Massachusetts (Mr. a place like Not Bread Alone, where they can come in and be able to be in After years under Chavez and now MCGOVERN) for 5 minutes. Maduro, those brave men and women Mr. MCGOVERN. Madam Speaker, a warm place and get a decent meal and feel like people care about them. are expressing themselves in a united, there are close to 50 million people who clear voice that what they want is are hungry in the United States of At UMass Amherst, I met a student what should be rightfully theirs: re- America. We are the richest country in named Jacob Liverman. I met him and spect for human rights and a true de- the history of the world, and we have a group of young students who mocracy in Venezuela. In response, as close to 50 million people who are food launched this effort called the Food you can see here, Maduro and his thugs insecure or are hungry; 17 million of Recovery Network. What they do is treat them like criminals. these people are kids. work with the kitchen at the Univer- Over the past weeks, Madam Speak- We in Congress are not doing nearly sity of Massachusetts in Amherst so er, 14 people have been killed by enough to address this issue. In fact, that the leftovers of the food that is Maduro’s forces; over 100 have been un- this Congress has made things worse prepared on a given day don’t get justly detained. But because Maduro for many struggling families all across thrown away. controls the major media outlets, he this country. They take those leftovers and follow has silenced many of those who at- Last November there was an $11 bil- all those procedures that you have to tempt to draw attention to the plight lion cut that went into effect with re- follow to make sure that everything is of the Venezuelan people and instead gard to the SNAP program. That is the within the health codes. They take this cast the blame on the United States for name of the program that was formerly food and deliver it to an emergency all of the country’s ills. The nerve of known as food stamps, an $11 billion shelter called Craig’s Doors, which is him. cut that impacted every single bene- also in Amherst. I met Kevin Noonan, Blaming the United States for his ficiary on this program. Everybody got the executive director there, who is a own domestic problems seems to be the a cut. Food prices didn’t go down, but wonderful man, along with all the vol- modus operandi for Maduro, but the they got a cut. unteers there. Venezuelan people are smarter than Then we just recently passed a farm I had the privilege of being able to that. They recognize that this is just bill in this Congress that made sure another scheme of Maduro’s. that those well-off special interests serve meals to the people that came through the shelter on a cold, wintry The regime tried to silence its people were protected and the rich got richer. by blocking images on Twitter, as Ven- But we paid for those subsidies by cut- night. It is eye-opening when you talk to these people and learn about their ezuelans turn to social media to show ting SNAP by another $8.6 billion. It is the world the ugly reality that they shameful. backgrounds and learn about how they have fallen on hard times. are going through. Madam Speaker, these cuts are real, As the violence in Venezuela con- and the people they impact are real. I am grateful that there are places tinues to escalate, responsible nations Sometimes I wonder whether those like Craig’s Doors. I am grateful that in the hemisphere and throughout the who voted for these cuts have any ap- there are young students like the ones world have a moral obligation to stand preciation of what it is like to be poor I met at the University of Massachu- with the people of Venezuela against in America, whether they have ever setts Amherst campus who have taken the forces of fear and oppression. We been to a food bank or a soup kitchen the initiative to step up to the plate must be the voice for those suffering or ever talked to anybody who is on and to help try to feed people who are under this repression. At the same SNAP. It is hard. It is difficult to be hungry. I am grateful for places like time, we must condemn the violent ac- poor in America. Not Bread Alone that do such an in- tions of the Maduro regime against Despite what I believe is this indif- credible job in terms of providing food people who are yearning for liberty, ference and, in some cases, contempt for people. justice, democracy, respect, and for for poor people that we have seen in human rights. this Chamber, I do want to acknowl- I went to Greenfield Community Col- lege and sat down with the president, This fight for democracy and human edge that outside of this Congress and rights isn’t the struggle of Venezuelans outside of government there are many, Bob Pura, and his faculty and members of their kitchen. Because there is a only. It is the struggle of all who seek many people who understand that we to advance the cause of human dignity all should care about our brothers and need, they actually have a food bank on their campus. There are people and freedom. sisters who are struggling and who are How we respond matters. Madam doing amazing things. going to school who do not have enough to eat. This school provides Speaker, it is a test of our commit- Last week, during our break, I vis- ment to the ideals of freedom and de- ited with some people who I think are them the support and the help that they need. They also have a mocracy for everyone, not just for a doing things that I found to be inspira- few. tional. Visiting these soup kitchens permaculture garden. They are growing and shelters gave me some new inspira- food not only for that soup kitchen and b 1015 tion and new hope that maybe what for their food bank, but for their stu- It is also a test of our resolve. Other they are doing will be contagious and dents as well, because they are putting oppressive leaders in the region are that those of us in this Congress will an emphasis on nutrition. watching us to see if we back up our step up to the plate and take on the I will close, Madam Speaker, by say- lofty words with action, so we must not issue of hunger and poverty in this ing these are inspirational activities equivocate. We must not waver. country. that are going on. We need to learn by We must stand up for those who can- I visited a soup kitchen in Amherst, them, and we need to do much better. not stand up for themselves, and we Massachusetts, called Not Bread Alone. Nobody in America should go hungry. must be the voice for those who are

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1943 being silenced by this repressive re- One way to support this critical our children of critical investments in edu- gime, because our inaction would only source of energy for our Nation is the cation, health care reform, robbing our sen- serve to embolden other rogue regimes Federal Production Tax Credit, the iors of the retirement and health security that seek to fight back the tides of de- credit that keeps electricity rates low they have counted on. Every dollar we pay in interest is a dollar mocracy. and encourages development of proven that is not going to investment in America’s Throughout the Western Hemisphere, renewable energy projects. priorities. Instead, interest payments are a Madam Speaker, we have seen these re- This credit expired at the end of last significant tax on all Americans, a debt tax gimes, such as Venezuela and the one year and must be retroactively ex- that Washington doesn’t want to talk about. in Cuba, work together to oppress and tended to foster job growth and pro- If Washington were serious about an hon- silence civil society. mote a greener and cleaner environ- est tax relief in this country, we would see Just yesterday, in my native home- ment for the next generations. an effort to reduce our national debt by re- land of Cuba, Dr. Oscar Elias Biscet, a The PTC, the Production Tax Credit, turning to responsible fiscal policies. leading Cuban pro-democracy advocate also creates jobs. In my district, the And Senator Obama finally brought and a recipient of the U.S. Presidential Capital Region of New York State, we up our debt to unfriendly nations: Medal of Freedom, was unjustly ar- are host to GE’s Global Research Cen- Now, there is nothing wrong with bor- rested by agents of the Castro regime ter and Wind Turbine Service Center. rowing from foreign countries. But we must for expressing his support for Leopoldo In 2012 alone, GE’s wind division pro- remember that the more we depend on for- Lopez in Venezuela, one of the leading duced some 1,722 megawatts of power eign nations to lend us money, the more our economic security is tied to the whims of opposition figures who remains in mili- and provided a local capital investment tary jail as we speak. foreign leaders whose interests might not be of some $3.2 billion. aligned with ours. We must send a unified message to If we are serious about helping the these and other repressive leaders that Increasing America’s debt weakens us do- private sector create quality jobs that mestically and internationally. Leadership we will not look the other way when will put purchasing power back in the means that ‘‘the buck stops here.’’ Instead, they commit heinous acts against their hands of the middle class, we must sup- Washington is shifting the burden of bad own people. We must show them that port wind power as one part of our choices today onto the backs of our children the world is watching and that they overall energy policy and strategy. and grandchildren. America has a debt prob- will face serious consequences for their Madam Speaker, today, I renew my lem and a failure of leadership. Americans deserve better. transgressions. support for wind power and the almost That is why, Madam Speaker, I have I therefore intend to oppose the effort to 2,000 jobs this clean energy source gen- proposed House Resolution 488, that ex- increase America’s debt limit. erates in my home State of New York, presses solidarity with the people of Today, our national debt is $18 tril- a number that is growing by the day, Venezuela who yearn for freedom, for lion with a ‘‘t.’’ Clearly, President and a group whose work every day is democracy, and dignity. Obama has forgotten Senator Obama’s helping to grow our economy, clean the I commend the Government of Pan- words, but the American people re- air we breathe and the water we drink, ama for calling for an urgent meeting member, and on their behalf, I ask and make us truly energy independent. of Latin American foreign ministers at President Obama to decrease our debt the Organization of American States, f by working with Congress to reform OAS, to address this ongoing crisis in PRESIDENT OBAMA IS VERY DIF- our Tax Code to make it pro-growth Venezuela. Sadly, this response is an FERENT THAN SENATOR OBAMA and anti-debt. exception, as other countries in the The SPEAKER pro tempore. The f hemisphere remain deafeningly silent. Chair recognizes the gentleman from I call on the OAS to demonstrate its HONORING DAVID LACHMANN ON Texas (Mr. OLSON) for 5 minutes. commitment to the principles of its HIS RETIREMENT FROM THE U.S. Mr. OLSON. Madam Speaker, on the Inter-American Democratic Charter HOUSE OF REPRESENTATIVES and support the Venezuelan people’s issue of increasing America’s national debt, President Obama is very different The SPEAKER pro tempore. The right for democratic reforms to be re- Chair recognizes the gentleman from spected in their country and respect for than Senator Obama. Senator Barack Obama, on the House New York (Mr. NADLER) for 5 minutes. human rights. Mr. NADLER. Madam Speaker, I rise I urge the United States administra- floor, March 16, 2006: today to honor David Lachmann on his tion to make a priority of supporting The fact that we are here today to debate retirement from the House of Rep- the Venezuelan people’s aspirations for raising America’s debt limit is a sign of lead- ership failure. It is a sign that the U.S. Gov- resentatives and to thank him for his democracy and liberty, and I urge my ernment can’t pay its own bills. It is a sign 25 years of federal service. colleagues in the Congress to join me we now depend on ongoing financial assist- David came to Washington in 1989 to in this important call for solidarity. ance from foreign countries to finance our work for former Congressman Steve f government’s reckless fiscal policies. Over Solarz of Brooklyn, staffing him on the the past 5 years, our Federal debt has in- WIND POWER creased by $3.5 trillion to $8.6 trillion. That House Merchant Marine and Fisheries The SPEAKER pro tempore. The is trillion with a ‘‘t.’’ That is money that we Committee, as well as on issues related Chair recognizes the gentleman from have borrowed from the Social Security to criminal justice, religious liberty, New York (Mr. TONKO) for 5 minutes. trust fund, borrowed from China and Japan, housing, and the environment. Mr. TONKO. Madam Speaker, we are borrowed from American taxpayers. When I was elected to Congress in in a global competition, a global race Numbers that large are sometimes hard to 1992, David became my first legislative understand. Some people may wonder why on clean energy and innovation. In our director. In 1997, David moved to the they matter. Here is why: this year the Fed- Judiciary Subcommittee on Commer- efforts to win this race and ensure our eral Government will spend $220 billion on place as the kingpin of the global econ- interest. cial and Administrative Law. For the past 13 years, he has served as the omy for decades to come, we must sup- Senator Obama later explained: port a secure, all-of-the-above domestic Democratic chief of staff on the Con- That is more money to pay interest on our stitution and Civil Justice Sub- energy supply that includes both newly debt this year than we will spend on edu- abundant traditional fossil fuels as cation, homeland security, transportation, committee. well as clean, renewable energy, energy and veterans benefits combined. As an expert on the First Amend- ment, and particularly on issues of re- such as wind, solar, biomass, hydro, nu- After talking about Hurricane ligious liberty and church-state rela- clear, and more. Katrina, Senator Obama shifted to the tions, David was instrumental in the We simply cannot continue to rely on debt tax: a single fossil fuel to power our econ- passage of the Religious Freedom Res- And the cost of our debt is one of the fast- toration Act and the Religious Land omy. That is not wise, long-term pol- est growing expenses in our Federal budget. icy. This rising debt is a hidden domestic enemy, Use and Institutionalized Persons Act. Today, I would like to highlight one robbing our cities and States of critical in- He is also one of the foremost experts of these abundant, job-creating clean vestments in infrastructure like bridges, in the House on bankruptcy, a very energy sources: wind energy. ports, and levees, robbing our families and technical and complicated area of law

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1944 CONGRESSIONAL RECORD — HOUSE February 26, 2014 but one that affects millions of people. icy advocates—have praised the law as servation provisions are practical, cost effec- Over the last 25 years, David has a historic improvement, the Federal tive, and provide solid ways for the govern- worked tirelessly to advocate for the agriculture policy that will improve ment to collaborate with individual land- rights and well-being of people who are land management, support key areas of owners. most in need of Congress’ protection economic activity, and bolster impor- The president and CEO of the Amer- but who do not have access to high- tant investments in education and ap- ican Forest Foundation stated: priced lobbyists. plied research. The long-awaited farm bill provides re- David performed these services every Susan Benedict, an American Tree sources critical to implementing conserva- day, whether in defending against at- Farm System certified forest owner tion practices on the ground and making tacks on women’s reproductive rights, from State College, Pennsylvania, stat- good forest stewardship affordable. The im- ed: provements in the new farm bill include working to protect Americans’ civil stronger market opportunities for forests, liberties against PATRIOT Act provi- As a Pennsylvania tree farmer, I can hap- specifically with improvements to the sions, or building support for legisla- pily say this farm bill was well worth the Biobased Markets Program, and a strength- tion to overturn the Defense of Mar- wait. With the promotion of new market op- ened commitment to expanding prospects for riage Act. portunities in the Biobased Markets Pro- wood in green building markets, the fastest gram and green building markets, improved David’s resume is impressive, but it growing market for wood products. It also access to critical conservation programs, and includes strong support for programs that does not tell the full story. David is a increased regulatory certainty when pro- legend in the House. He is one of those combat forest invasive pests and pathogens tecting water quality of my forest’s roads, and provisions to increase forest owners’ reg- committed public servants who has be- this farm bill is truly the best farm bill yet ulatory certainty when protecting water come an institution within the institu- for forests. I applaud conference committee quality. tion. members for championing strong forestry provisions, such as the Biobased Markets Madam Speaker, it isn’t every day As the chief of staff of the Constitu- that a broad cross-section of policy ad- tion Subcommittee, David has been the Program changes, for America’s 22 million family forest owners. vocates and industry professionals find point person on some of the most dif- themselves on the same side of a given ficult and divisive issues facing Con- Kenneth C. Kane, president of Gen- erations Forestry in Kane, Pennsyl- policy issue. Then again, it isn’t every gress each year. Yet, he brings a sense day that both parties actually work to- of humor, wit, and perspective that is vania, stated: From the outside looking in, Congress dis- gether for the good of the country and well known in the House, without ever produce good public policy that im- sacrificing his commitment to advanc- played a level of bipartisanship on the farm bill that has been lacking, which is far better proves the Nation’s economic health, ing the cause of equality and justice, than the gridlock we have encountered. This while at the same time, reforms gov- and to defending the rights and free- is a wonderful bill and a good final product ernment, and reduces spending. doms of the most vulnerable among us. from numerous standpoints. From the stand- He has provided Members of Con- point of the Forest Service, this bill gives f gress, staff, and advocates with a Secretary Vilsack and Forest Chief Tidwell UNEMPLOYMENT INSURANCE AND wealth of expertise and institutional more tools to actively manage forests, which MINIMUM WAGE memory on a wide range of issues that is critically important. Now that these tools The SPEAKER pro tempore. The would be difficult, if not impossible, to are available, the Forest Service must use them. This bill also offers our foresters and Chair recognizes the gentleman from replace. It will be a long time before I private industry more tools to actively man- Indiana (Mr. CARSON) for 5 minutes. stop picking up the phone and dialing age, so this is also very important. Mr. CARSON of Indiana. Madam his number to ask him a question Barbara Christ, the interim dean of Speaker, I rise today to draw atten- about some matter before the com- agricultural sciences at Penn State tion, once again, to an issue that some mittee, or to get his perspective on the University in State College, Pennsyl- in this Congress seem to have forgot- latest Supreme Court decision, or to vania, stated: ten: the millions of Americans who are just reminisce about the days of 1970s Agricultural policy impacts every Amer- unemployed or are working for wages and 1980s New York politics. ican by advancing food security for our Na- that cannot support their families. David has worked with me for a long tion and beyond, including providing for crit- Imagine being told that you have to time, and his biggest contribution has ical research and education programs. We support your family for the rest of been as a trusted adviser and loyal are thrilled that a new 5-year farm bill is your life with just a month’s paycheck. friend. now a reality. As a specialty crop State, of If it sounds impossible to manage, it is Madam Speaker, I ask my colleagues particular interest to Pennsylvania is the in- because far too often it is. to join me in thanking David for his clusion of the specialty crop research initia- tive. These programs help keep our Pennsyl- Low-income families have to make service and for his dedication to work- vania farmers competitive in an increasingly impossible choices between food and ing on behalf of the American people. complex environment and help tackle the medicine. They often live in unsafe He will be sorely missed in this institu- ongoing challenge of feeding a growing popu- neighborhoods and send their kids to tion, but we wish him all the best in lation. subpar schools because they have no his future endeavors. Robert Maiden, executive director of other option. Getting paid the min- f Pennsylvania’s Association of Con- imum wage has always been difficult, servation Districts, stated: b 1030 but it is getting harder year after year. The new Federal farm bill has many strong If the minimum wage had been tied DIVERSE LOCAL AND NATIONAL conservation programs that are lifelines for to inflation in 1960, it would be $10.10 SUPPORT FOR FARM BILL Pennsylvania farmers. We needed Congress to understand these points and ensure that today, or just over $20,000 per year. The SPEAKER pro tempore. The the importance of conservation efforts Now, someone making this today Chair recognizes the gentleman from wasn’t lost in the final farm bill language. wouldn’t be wealthy, but working full- Pennsylvania (Mr. THOMPSON) for 5 The final bill addressed our fiscal challenges time might at least allow them to minutes. by understanding the necessity of reductions make ends meet. For me, this is what Mr. THOMPSON of Pennsylvania. to Federal spending while identifying the our country is really all about. If you Madam Speaker, on February 7, 2014, need to improve conservation program effi- work hard, you can build a life for President Obama signed into law the ciencies and improvements in program deliv- yourself and your family. ery. The final bill will allow for cleaner Agricultural Act of 2014, the 5-year water for Pennsylvania waterways, resulting Madam Speaker, this is why I am a farm bill reauthorization that passed in healthier communities and stronger very proud cosponsor of the Fair Min- Congress with bipartisan support and economies. imum Wage Act, which finally raises reduces annual budget deficits by $16.6 The president and CEO of the Nature the minimum wage for millions of billion over 10 years. Conservancy stated: Americans. Unfortunately, some of my Industry professionals across my Despite the polarized political climate and colleagues oppose this very bill, claim- home State of Pennsylvania and na- challenging budget times, this farm bill ing that raising the minimum wage tionally—including farmers, foresters, would be one of the strongest ever for con- should be a State-by-State decision. conservationists, researchers, and pol- servation and forestry. The farm bill’s con- Now, that is fine if your State chooses

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1945 to raise its minimum wage, but if not, declares the House in recess until noon Mr. LANKFORD. Mr. Speaker, com- your constituents are no better off. today. ments have closed on a proposed rule They are still making $7.25 an hour. Accordingly (at 10 o’clock and 39 from OSHA for sand in the workplace. So I have just one question: If you minutes a.m.), the House stood in re- Prolonged breathing of silica, sand, are a well-intentioned, patriotic Re- cess. can cause serious health issues. No one publican who wants to leave the deci- f will dispute that. But this new rule is sion up to the States, are you prepared interesting in its design. In the com- to explain to your constituents why b 1200 ment request, OSHA specifically sin- they are worth less to you than the gles out one industry—oil and gas—as a AFTER RECESS people across State lines? key reason for the rule change. They For my part, I do not want low-wage The recess having expired, the House write, in part, ‘‘A recent cooperative Hoosiers to make less than those in was called to order by the Speaker at study identified overexposures to silica other States just because our general noon. among workers conducting hydraulic assembly decides not to act. Of course, f fracturing operations,’’ as their prime I understand the argument that some reason for the rule change. people may work fewer hours and some PRAYER It is interesting that after the rule may even lose their jobs. This may be The Chaplain, the Reverend Patrick has been in place since 1971, OSHA has true. But it is important to remember J. Conroy, offered the following prayer: made this change. Fracking is not new. that we have raised our minimum wage Eternal God, through whom we see It has been around for decades. Why in the past, and in the past, the very what we could be and what we can be- the sudden change in this administra- same argument has proven itself to be come, thank You for giving us another tion? untrue. So I am very optimistic that day. I believe the change is because this American employers, and particularly In these days, our Nation is faced administration is looking for one more Hoosier employers in my congressional with pressing issues: constitutional, re- way to impede oil and gas development district, will do what they can to ligious, and personal rights, and mat- in the United States. If this is not just weather a minimum wage increase ters of great political importance. about oil and gas, will OSHA set new without letting folks go. We thank You that so many Ameri- rules for beach lifeguards who work in Now, unfortunately, this is not the cans have been challenged and have sand all day? How about road crews in only unnecessary struggle Congress has risen to the exercise of their respon- Arizona who work in blowing sand all laid on America’s low-income families sibilities as citizens to participate in day? How about gift shops and res- this year. Today, our well-intentioned, the great debates of these days. taurants along our coasts? What about patriotic Republican leaders continue Grant wisdom, knowledge, and under- dune buggy operators in the sand dunes to block an extension of emergency un- standing to us all, as well as an extra of Little Sahara State Park in north- employment insurance, and because of measure of charity. west Oklahoma? congressional inaction, nearly 2 mil- Send Your spirit upon the Members The people of my district work every lion Americans, Madam Speaker, were of this people’s House who walk day to provide our Nation energy inde- instantly cut off from their benefits in through this valley under public scru- pendence and to get our Nation out of December, with 72,000 more being cut tiny. Give them peace and Solomonic the Middle East. But they are tired of off each week. prudence in their deliberations. fighting mounds of new regulations, Many of my Republican friends have May all that is done this day be for unfunded mandates, and attacks on painted unemployment benefits as a Your greater honor and glory. their livelihood as they serve our Na- slush fund for certain lazy Americans. Amen. tion. This is not only incredibly offensive, it f f is untrue. Americans want to work, but in many communities, there are simply THE JOURNAL WIND PRODUCTION TAX CREDIT (Ms. TSONGAS asked and was given no jobs available. In our economic The SPEAKER. The Chair has exam- permission to address the House for 1 downturn, Madam Speaker, everything ined the Journal of the last day’s pro- minute and to revise and extend her re- from restaurants to machine shops to ceedings and announces to the House marks.) retail stores closed their doors and are his approval thereof. Ms. TSONGAS. Mr. Speaker, I rise only now starting to come back. Pursuant to clause 1, rule I, the Jour- today as a member of the Sustainable In Indianapolis, many Hoosiers are nal stands approved. finding they no longer have the skills Energy and Environment Coalition to necessary for the modern workforce. f talk about a significant issue for Mas- Educated men and women with years of PLEDGE OF ALLEGIANCE sachusetts and our nation: the wind experience have to retrain before they production tax credit. even get rehired. Others have seen The SPEAKER. Will the gentleman In the past 2 years, clean energy jobs their industries simply disappear and from Oklahoma (Mr. LANKFORD) come in Massachusetts have grown by 24 per- have to prepare themselves for an en- forward and lead the House in the cent and are projected to grow another tirely new career. This is far from lazi- Pledge of Allegiance. 11 percent in 2014. Thanks to the wind ness. Retraining and looking for a job Mr. LANKFORD led the Pledge of Al- industry, the Commonwealth has seen is hard work with no pay. These Ameri- legiance as follows: an influx of over $200 million in capital cans deserve our help covering ex- I pledge allegiance to the Flag of the investment and is home to nine wind- penses while they get back on their United States of America, and to the Repub- related manufacturing facilities. lic for which it stands, one nation under God, Massachusetts is also home to the feet. indivisible, with liberty and justice for all. Madam Speaker, my good House Re- Wind Technology Testing Center, publican friends have yet to bring a f which at the time of its opening was real jobs bill to the floor in the 113th ANNOUNCEMENT BY THE SPEAKER the first facility in the country capable Congress, instead, focusing continually of testing large-scale wind turbine on deregulation and repealing the Af- The SPEAKER. The Chair will enter- blades up to 300 feet in length. This fordable Care Act. Meanwhile, they tain up to 15 requests for 1-minute testing center has created high-skilled overlook that raising the minimum speeches on each side of the aisle. jobs and has helped spur the develop- wage is the right thing to do, putting f ment of next-generation blades made our country back on track. here in the United States. SILICA f We must act now to make sure that (Mr. LANKFORD asked and was these innovative American businesses RECESS given permission to address the House can continue to create new manufac- The SPEAKER pro tempore. Pursu- for 1 minute and to revise and extend turing opportunities here in the United ant to clause 12(a) of rule I, the Chair his remarks.) States.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1946 CONGRESSIONAL RECORD — HOUSE February 26, 2014 I urge my colleagues to join me in OAS MUST DO MORE TO SUPPORT curious timing, the Centers for Medi- supporting an extension of the wind DEMOCRACY IN VENEZUELA care Services released a report. production tax credit. (Ms. ROS-LEHTINEN asked and was Mr. Speaker, the CMS is working with the IRS to implement ObamaCare, f given permission to address the House for 1 minute and to revise and extend and the report said it looked at the ef- STOP TARGETING POLITICAL her remarks.) fect on small businesses of ObamaCare BELIEFS Ms. ROS-LEHTINEN. Mr. Speaker, I and the effect on the premiums that (Ms. JENKINS asked and was given rise today to call on the Organization were going to be paid by men and permission to address the House for 1 of American States, OAS, to take im- women who work in those small busi- minute and to revise and extend her re- mediate action in support of freedom nesses. marks.) and democracy in Venezuela. The OAS Mr. Speaker, their report, from the Ms. JENKINS. Mr. Speaker, inves- must not remain silent while the peo- President’s own administration, said tigations by the Ways and Means and ple who are peaceful in Venezuela are that 11 million workers will pay a high- Government Reform Committees have being murdered on the streets by the er health care premium under the Af- uncovered numerous examples of what Maduro regime. fordable Care Act. That is more than 5 appears to be a concerted effort by the I commend the government of Pan- million women who are going to pay a IRS to target conservative groups and ama for proposing a region-wide for- higher health care premium, when the develop new regulations that could es- eign minister meeting to discuss the promise the President made was that sentially silence conservative groups. violations of human rights in Ven- every family would save $2,500 per year. Mr. Speaker, they are not only not If allowed to take effect, these pro- ezuela. going to save $2,500, those 11 million posed regulations impact groups that If the OAS can convene a special ses- Americans are going to pay more for have always been allowed to voice their sion over the lack of airspace access for their health care next year, hard- positions on public policy. Notably, one a plane from Bolivia, then surely it working middle class Americans who group exempt from these proposed reg- must convene one on the ongoing de- can’t afford it. ulations—even though they do similar mocracy in Venezuela. America deserves better. types of outreach—is labor. As a member of the OAS and its larg- Mr. Speaker, our Nation is founded est international donor, the U.S. has a f on the freedom of speech, and any ef- moral obligation to ensure that these PRODUCTION TAX CREDIT fort to hinder grassroots advocacy by democratic principles are upheld, and EXTENSION the IRS must be stopped. At the very if the OAS does not do more to address (Mr. MCDERMOTT asked and was least the IRS regulations should be put these attacks on freedom, then, Mr. given permission to address the House on hold until investigations into the Speaker, we must use our full voice, for 1 minute and to revise and extend agency’s prior misconduct are com- vote, and influence to compel it into his remarks.) plete. action. Mr. MCDERMOTT. Mr. Speaker, I urge my colleagues to support the f while we fool around again with a lot Stop Targeting of Political Beliefs by of minor bills here today, we refuse to PRODUCTION TAX CREDIT the IRS Act, to ensure the administra- deal with the ones that we ought to be tion does not use the IRS as a weapon (Mr. LOEBSACK asked and was given dealing with. We need to be involved in to silence groups based on political be- permission to address the House for 1 passing things that create jobs. liefs. minute.) Now, the production tax credit is an f Mr. LOEBSACK. Mr. Speaker, I rise absolute no-brainer. We have used it today in strong support of a critical for years and years. As long as I have LET’S GIVE AMERICA A RAISE jobs-creating policy for Iowa and our been in the Congress it has been here, (Ms. HAHN asked and was given per- country that must be extended imme- and the wind industry is dependent on mission to address the House for 1 diately, the production tax credit. it. minute.) Once again, Congress has allowed the It is 3,000 jobs in my State, and thou- Ms. HAHN. Mr. Speaker, the Federal job-creating production tax credit to sands of jobs across this country. We minimum wage has failed to keep up expire. This is unacceptable. Now is the passed it in the nineties. We let it ex- with the cost of living, leaving far too time to not just talk about job cre- pire. We lost all the jobs, and we are many families on the brink of poverty. ation but to act on a policy that is a doing it again. For millions of Americans struggling proven job creator. Now, climate change ought to be im- to make ends meet on the current min- The production tax credit has helped pressing people that we have to move imum wage, times have gotten harder revitalize our manufacturing base and away from fossil fuels and look for al- and harder. build a homegrown industry. The wind ternative energy, and this is the way Increasing the minimum wage to industry supports some 80,000 jobs we are going to do it. $10.10 per hour would be especially im- across the country and over 6,000 in In the 20th century, we invested in portant for the thousands of working Iowa alone. With Iowa a leader in wind aerospace and microchip industries women currently trying to pull their power, the industry is investing in our through the production tax credit, and families out of poverty. Two-thirds of rural communities and moving us to- we made all the advances of the Inter- minimum wage workers are women. ward a cleaner, homegrown source of net and everything else on the basis of Nearly a third of the families headed energy. these Production Tax Credits. by a single female are living in pov- The last time the PTC expired, thou- The 21st century is going to be about erty. sands of jobs were lost, including hun- alternative energy, and this House This is wrong. No mother who works dreds right in my district in Iowa. We dawdles around, attacking the IRS, and hard at a full-time job to provide for can’t let these jobs disappear again. trying to repeal the ACA and all of her children and family should be liv- The PTC must be extended. this. ing in poverty. Our success as a nation f Why don’t you make it a suspension hinges on the success of women. When bill? women succeed, America succeeds. THE TRAIN WRECK OF It would pass in a minute. That is why I have just signed a dis- OBAMACARE CONTINUES f charge petition to bring a bill to this (Mr. HARRIS asked and was given b 1215 floor so that we can vote on raising the permission to address the House for 1 Federal minimum wage to $10.10 for all minute and to revise and extend his re- LOGAN REGIONAL HOSPITAL’S hardworking Americans, including our marks.) 100TH ANNIVERSARY mothers and daughters. Mr. HARRIS. Mr. Speaker, the train (Mr. BISHOP of Utah asked and was I think it is time. Let’s give America wreck of the President’s health care given permission to address the House a raise. plan continues. Last Friday afternoon, for 1 minute.)

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1947 Mr. BISHOP of Utah. Mr. Speaker, have some of the most abundant renew- in the Midwest and the West, it is cost- today, I rise to recognize the 100th an- able energy resources in the world, and ing tens of billions of dollars every niversary of the Logan Regional Hos- yet we still spend $4.5 billion every year, and it is getting worse. pital, which serves the citizens of the year to import fossil fuels to power our In fact, 10 years ago, the insurance Cache Valley of northern Utah. State. industry estimated what the costs In 1914, a new hospital with 60 beds This is not sustainable, and that is would be, and it was way less than it is was established that boasted modern why Hawaii is aggressively working to- today; and they acknowledge it is be- patient conveniences, such as an X-ray wards a goal of being 70 percent alter- cause of the effects of climate change. machine. From 1948–75, the LDS church native energy source by the year 2030. This applies to the Hartford Financial assumed responsibility for the hospital. But in order to succeed, we need Services Group, AIG Prudential, and In 1975, Intermountain Healthcare, a strong, responsible policies that sup- the Reinsurance Association of Amer- not-for-profit community service, was port and invest in clean energy devel- ica. They all say that this is the foot- organized, which became a model for opment; and all alternative energy op- print of climate change and that ex- health care excellence. tions are necessary. treme weather conditions are going to In 1980, the hospital was expanded We must renew the production tax get worse. and moved to its present location, credit for wind energy. Due to the PTC, So you have to ask yourself: If the insurance industry is acknowledging thanks to the help of $2 million from the U.S. now leads the world in wind the presence of climate change, why private donors. Today, the hospital has energy production, and the industry can’t the Congress? Will the majority 148 beds and offers a full range of hos- supports more than 80,000 domestic of this House stay in denial that the pital services. jobs. It is in the best interest of our en- climate is changing, that human ac- The 100 years of continued health vironment, our economy, and future tivities are contributing to this care service has been possible thanks generations that we renew the PTC to change? Are they going to continue to to the professionals who have donated ensure that our Nation continues to be play an obstructionist role, or are they so much of their lives to provide excel- a world leader in clean energy. going to act responsibly for the benefit lence in health care to their patients. f of future generations? I hope it is the Logan Regional Hospital fulfills the latter. dreams of its original founders. Its not- END THE WAR IN AFGHANISTAN for-profit community governance from (Mr. NOLAN asked and was given f committed board members continues permission to address the House for 1 ANNOUNCEMENT BY THE SPEAKER to excel in providing for quality health minute and to revise and extend his re- PRO TEMPORE care services. marks.) The SPEAKER pro tempore (Mr. Mr. NOLAN. Mr. Speaker and Mem- f HASTINGS of Washington). Pursuant to bers of the House, I rise in support of clause 8 of rule XX, the Chair will post- THE COST OF A COLLEGE the President, the Republicans, and the EDUCATION pone further proceedings today on the Democrats in this institution and motion to suspend the rules on which a (Mrs. DAVIS of California asked and across this country who want an end to recorded vote or the yeas and nays are was given permission to address the the war in Afghanistan. It has cost us ordered, or on which the vote incurs House for 1 minute.) trillions of dollars that we can ill-af- objection under clause 6 of rule XX. Mrs. DAVIS of California. Mr. Speak- ford. Any record vote on the postponed er, as the cost of a college education There has been $100 billion spent on question will be taken later. continues to rise, Americans have be- infrastructure, yet the inspector gen- f come increasingly dependent on Fed- eral cannot find where the money has eral student loans for access. Families gone nor where the projects have been TAXPAYER TRANSPARENCY ACT are watching tuition creep up year completed. There is $30 billion in the OF 2014 after year, while their incomes and pipeline now. We need to end that. Mr. FARENTHOLD. Mr. Speaker, I their savings have not kept pace. We need to bring all the troops home. move to suspend the rules and pass the To make matters worse, there have Bring them home now. Save that bill (H.R. 3308) to require a Federal been widespread reports of abusive money. Put it toward deficit reduction agency to include language in certain practices in the student loan servicing and investing in America—our roads, educational and advertising materials industry, and that makes it harder for our bridges, our schools, our health indicating that such materials are pro- borrowers to repay their loans. These care system. Our priorities demand it duced and disseminated at taxpayer ex- trends jeopardize the promise of higher and require it. pense, as amended. education as the great equalizer, a Afghanistan is now the most corrupt The Clerk read the title of the bill. place of opportunity for all. Parents nation in the world. Afghanistan sup- The text of the bill is as follows: are worried that their children won’t plies more illegal drugs to the rest of H.R. 3308 ever get a shot at the American Dream the world than all of the rest of the na- Be it enacted by the Senate and House of Rep- because they are drowning in debt. tions combined. It is time to end our resentatives of the United States of America in And this week, the majority will involvement and stop this shameful Congress assembled, bring up legislation that would under- waste of America’s taxpayer treasure SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Taxpayer mine the Consumer Financial Protec- and our patriots’ blood. Transparency Act of 2014’’. tion Bureau’s independence and their f SEC. 2. REQUIREMENTS FOR PRINTED MATE- rulemaking authority; and this bill RIALS AND ADVERTISEMENTS BY CLIMATE CHANGE would weaken essential consumer pro- FEDERAL AGENCIES. tections and make it all but impossible (Mr. MORAN asked and was given (a) REQUIREMENT TO IDENTIFY FUNDING to fight abuse in the student loan in- permission to address the House for 1 SOURCE FOR COMMUNICATION FUNDED BY FED- minute and to revise and extend his re- ERAL AGENCY.—Each communication funded dustry. by a Federal agency that is an advertise- Mr. Speaker, I urge my colleagues to marks.) ment, or that provides information about vote ‘‘no’’ on H.R. 3193 and stand up for Mr. MORAN. Mr. Speaker, if you lis- any Federal Government program, benefit, students and families who deserve fair ten to the other side, you would think or service, shall clearly state— treatment. that the costs of the Environmental (1) in the case of a printed communication, including mass mailings, signs, and bill- f Protection Agency’s efforts to reduce global warming and to protect our en- boards, that the communication is printed or PRODUCTION TAX CREDIT vironment are breaking the back of our published at taxpayer expense; and (Ms. HANABUSA asked and was economy, but that is hardly the case. (2) in the case of a communication trans- mitted through radio, television, the Inter- given permission to address the House What is really beginning to break the net, or any means other than the means re- for 1 minute.) back of our economy is the costs asso- ferred to in paragraph (1), that the commu- Ms. HANABUSA. Mr. Speaker, my ciated with extreme weather events. nication is produced or disseminated at tax- home State of Hawaii is fortunate to From Hurricane Sandy to the droughts payer expense.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1948 CONGRESSIONAL RECORD — HOUSE February 26, 2014 (b) ADDITIONAL REQUIREMENTS.— SEC. 3. GUIDANCE FOR IMPLEMENTATION. This would just require government (1) PRINTED COMMUNICATION.—Any printed Not later than 6 months after the date of agencies who purchase advertising or communication described in subsection (a)(1) the enactment of this Act, the Director of produce written material to add a dis- the Office of Management and Budget shall shall— claimer saying something to the effect (A) be of sufficient type size to be clearly develop and issue guidance on implementing readable by the recipient of the communica- the requirements of this Act. of, Produced and aired at taxpayer ex- tion; SEC. 4. JUDICIAL REVIEW AND ENFORCEABILITY. pense. (B) to the extent feasible, be contained in (a) JUDICIAL REVIEW.—There shall be no ju- I will reserve the balance of my time a printed box set apart from the other con- dicial review of compliance or noncompli- at this point, Mr. Speaker. tents of the communication; and ance with any provision of this Act. Mr. CONNOLLY. Mr. Speaker, I yield (C) to the extent feasible, be printed with (b) ENFORCEABILITY.—No provision of this myself such time as I may consume. a reasonable degree of color contrast be- Act shall be construed to create any right or Under this legislation, Mr. Speaker, benefit, substantive or procedural, enforce- tween the background and the printed state- any communication an agency makes ment. able by any administrative or judicial ac- that is an advertisement or that pro- (2) RADIO, TELEVISION, AND INTERNET COM- tion. vides information about a Federal Gov- MUNICATION.— The SPEAKER pro tempore. Pursu- (A) AUDIO COMMUNICATION.—Any audio ant to the rule, the gentleman from ernment program, benefit, or service would have to say that it is printed or communication described in subsection (a)(2) Texas (Mr. FARENTHOLD) and the gen- shall include an audio statement that com- published at taxpayer expense. Emails, tleman from Virginia (Mr. CONNOLLY) municates the information required under each will control 20 minutes. radio, and television ads would have to that subsection in a clearly spoken manner. say that they are produced and dis- (B) VIDEO COMMUNICATION.—Any video com- The Chair recognizes the gentleman from Texas. seminated at taxpayer expense. munication described in subsection (a)(2) Some agencies already identify the shall include a statement with the informa- GENERAL LEAVE tion referred to under that subsection— Mr. FARENTHOLD. Mr. Speaker, I agencies that print them. For example, (i) that is conveyed in a clearly spoken ask unanimous consent that all Mem- the Army prints, ‘‘Paid for by the manner; bers may have 5 legislative days in United States Army’’ on its recruiting (ii) that is conveyed by a voice-over or which to revise and extend their re- posters. This bill would require the screen view of the person making the state- marks and include extraneous material Army to change its wording and say, ment; and ‘‘Printed at taxpayer expense.’’ I have (iii) to the extent feasible, that also ap- on the bill under consideration. The SPEAKER pro tempore. Is there not heard any explanation, either at pears in writing at the end of the commu- the committee or here on the floor, for nication in a clearly readable manner with a objection to the request of the gen- reasonable degree of color contrast between tleman from Texas? why such a change is so necessary. the background and the printed statement, There was no objection. The gentlewoman from Illinois, Con- for a period of at least 4 seconds. Mr. FARENTHOLD. Mr. Speaker, I gresswoman DUCKWORTH, the former (C) E-MAIL COMMUNICATION.—Any e-mail yield myself such time as I may con- Assistant Secretary of Veterans Af- communication described in subsection (a)(2) sume. fairs, raised an important point during shall include the information required under I am here today to speak on H.R. our committee’s consideration of this that subsection, displayed in a manner 3308, which requires the Federal Gov- bill. She pointed out that some mate- that— rials printed by the Department of Vet- (i) is of sufficient type size to be clearly ernment to disclose that advertise- readable by the recipient of the communica- ments and information on government erans Affairs state that the VA pro- tion; programs and services are paid for by duced the materials. This is important (ii) is set apart from the other contents of the taxpayer. because veterans need to be able to the communication; and Advertisements provide information, trust the source of the information, (iii) includes a reasonable degree of color but in many instances, they are de- and seeing ‘‘Department of Veterans contrast between the background and the signed to induce people to buy or use a Affairs’’ engenders just that trust. printed statement. product or service. While we can debate Four years ago, this body passed a (c) IDENTIFICATION OF OTHER FUNDING whether individual Federal advertising law, cosponsored by Chairman ISSA, SOURCE FOR CERTAIN COMMUNICATIONS.—In campaigns are overly promotional, the case of a communication funded entirely the chairman of our committee, that by user fees, by any other source that does surely we can agree that the public prohibited nongovernment parties from not include Federal funds, or by a combina- should know that they, themselves, are sending mailings marked ‘‘census’’ tion of such fees or other source, a Federal sponsoring a government marketing without a clear disclaimer with the agency may apply the requirements of sub- piece. name of the party sending the mailing. sections (a) and (b) by substituting ‘‘by the Americans deserve to know how their That law was passed after the Repub- United States Government’’ for ‘‘at taxpayer tax dollars are being spent, and H.R. lican National Committee sent a mail- expense’’. 3308 adds needed transparency to the ing that led recipients to think it was (d) DEFINITIONS.—In this Act: business of government by requiring an official census document when it (1) FEDERAL AGENCY.—The term ‘‘Federal disclosures when taxpayer dollars are agency’’ has the meaning given the term was not. spent on advertising and educational ‘‘Executive agency’’ in section 133 of title 41, b 1230 United States Code. materials. (2) MASS MAILING.—The term ‘‘mass mail- This bill is designed to help people We passed that law because we want- ing’’ means any mailing or distribution of know what is going on. It is not in- ed to protect consumers from being 499 or more newsletters, pamphlets, or other tended to be a burden on local broad- misled into believing a communication printed matter with substantially identical casters, their advertisers, or any of the from a nongovernmental source was, in content, whether such matter is deposited work that they do in local commu- fact, an official government document. singly or in bulk, or at the same time or dif- nities. We should use that same logic and cau- ferent times, except that such term does not As a former broadcaster, I under- tion with this bill. I think it is impor- include any mailing— tant that this bill is interpreted to (A) in direct response to a communication stand the important role that adver- from a person to whom the matter is mailed; tising plays, but it is also important allow agencies to continue to say that or that the people know what is an adver- a communication is paid for by that (B) of a news release to the communica- tisement being paid for with govern- agency rather than being required to tions media. ment money, what is a public service say that the document is printed or (e) SOURCE OF FUNDS.—The funds used by a announcement, and what is being paid published at taxpayer expense. Federal agency to carry out this Act shall be for by private individuals. During the committee’s consider- derived from amounts made available to the This bill adds a disclaimer to ads in ation of this legislation, Chairman ISSA agency for advertising, or for providing in- printed material very similar to what and my friend, Chairman FARENTHOLD, formation about any Federal Government program, benefit, or service. all of us in this Chamber are familiar made commitments to Representative UCKWORTH (f) EFFECTIVE DATE.—This section shall with. There are advertising rules for D to work with her in finding apply only to communications printed or Members’ campaigns, where you have mutually agreeable language. Rep- otherwise produced after the date of the en- to indicate, This was paid for by so- resentative DUCKWORTH suggested lan- actment of this Act. and-so. guage that would address the issues we

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1949 raised with the military and the Vet- government agencies. As I review docu- virtually nothing? And it would be erans Administration. Unfortunately, ments for the budget, I sometimes have very interesting to know how much it Mr. Speaker, that language is not— to Google what some of the agencies in has cost the taxpayers of this country not—included in this bill, and no the Federal Government do. Obviously, when we had 46 or 47 repeal of the Af- changes were made at all since the almost everybody knows what the fordable Care Act amendments in bills committee considered it, despite the Army is, but if you are not in the fi- in this Congress and in the previous assurances given to Representative nancial services, do you know what the Congress. DUCKWORTH. CFPB is? Or do you know what some of Having said that, I certainly am not I will not vote against the bill, but I the smaller subagencies are? And I going to vote against the bill, but I am certainly hope that, if this bill or a think that is what we are getting at. concerned that some of the concerns similar bill moves through the Senate, At this point, I will, however, yield raised by my colleagues, particularly the majority in the House will keep the as much time as he may consume to Congresswoman DUCKWORTH, were not, commitments made to Representative the gentleman from Missouri, Mr. in fact, addressed in the final bill DUCKWORTH and the Democrats on our BILLY LONG, the author of this bill, my brought before this floor. It is my hope committee to find a satisfactory reso- good friend and a fellow broadcaster, I we could continue to work together to lution to the legitimate concerns that might add. try to resolve that with some com- were raised. Mr. LONG. Mr. Speaker, I thank my promise language as we work with our Mr. Speaker, I reserve the balance of colleague from Texas for yielding to colleagues in the other body. my time. me. With that, Mr. Speaker, I yield back Mr. FARENTHOLD. Mr. Speaker, I Every day, Federal agencies spend the balance of my time. yield myself such time as I may con- money advertising various programs Mr. FARENTHOLD. Mr. Speaker, I sume. without mentioning where the funding yield myself such time as I may con- I would like to take a moment to ad- for these programs or their ads are sume. dress the concerns raised by the gen- coming from. Supreme Court Justice Without getting into the pros and tleman from Virginia before yielding Louis Brandeis famously said that sun- cons of the various investigations that to the author of the bill, Mr. LONG. light is said to be the best of disinfect- this body does, I will say that it is our During the markup, Representative ants. The Taxpayer Transparency Act constitutional obligation to provide DUCKWORTH was concerned about cer- is about shining a light on how tax- oversight to the various Federal agen- tain agencies like the VA and the De- payer dollars are spent by requiring ex- cies. One of the ways we do that is partment of Defense; and during the ecutive branch agencies to disclose through the investigation that our markup, we did add a provision, at the that these advertisements are paid for committee does bring up. minority’s request, that allowed the at taxpayer expense. Simply, this bill I do want to say we did visit with Office of Management and Budget to extends similar requirements already Representative DUCKWORTH, and we do implement regulations in exactly how imposed on the House and the Senate feel as if her concerns have been ad- this is going to be done. It certainly to the executive branch. dressed. We could not agree on specific does not prohibit ‘‘paid for by the It is time for government to start language with Ms. DUCKWORTH, but we Army’’ or ‘‘paid for by the Veterans working for the people again. By pro- were able to come up with these provi- Administration.’’ It would simply add, viding more transparency in their sions that the minority requested at ‘‘paid for by the Army at taxpayer ex- spending, executive branch agencies the markup that allowed the OMB to pense,’’ which would clearly be compli- will have to answer to the people. come up with the implementing regula- ant with this law, the idea being to de- Americans have every right to know tions. It also includes a provision sug- termine what the taxpayers are paying exactly how their tax dollars are being gested by the minority to make clear for and what is being donated for time, spent. As Members of Congress, we that communications funded entirely for instance, by a broadcast facility for should all support an open and honest by user fees or by sources other than public service announcements or to dif- government, and this legislation does that that do not include Federal funds ferentiate ads that are not paid for by that by requiring executive branch may indicate how it is funded through the government. There is no dis- agencies to be transparent with spend- the United States Government. claimer. We know it is not paid for ing taxpayer dollars which promote But this is a bill all designed to pro- with taxpayer dollars. Federal programs. vide transparency, let taxpayers see What we are after here is to let the I urge the House to support this bill the fruits of the spending of taxpayer taxpayer know when they see some- and look forward to further action by dollars on advertisements, and to make thing on the television, hear something our colleagues in the Senate. a judgment about that on their own on the radio, or see a printed material Mr. CONNOLLY. Could I inquire of and know what is going on and know that their tax dollars funded it and it the Speaker how much time remains how their money is being spent. is something they can either be proud on both sides? As my colleague from Missouri point- of or they can pick up the phone and The SPEAKER pro tempore. The gen- ed out, sunshine is the best disinfect- call us up here in Washington, D.C. and tleman from Virginia has 171⁄2 minutes ant. It is what we are about in the say, What the heck are you doing wast- remaining. The gentleman from Texas Oversight and Government Reform ing our money on these types of ads? has 141⁄2 minutes remaining. Committee. It is what this bill does, It empowers the public to know. We Mr. CONNOLLY. Mr. Speaker, I have again, designed as a regulation on gov- are not trying to limit Federal agen- no other speakers on this side. Does ernment agencies, not as an attempt to cies. We are not trying to detract from the gentleman have others on his side? go after broadcasters, print shops, or the fine work that the VA does or to Mr. FARENTHOLD. I don’t have any anything like that. This is just to get detract from the recruiting efforts that further speakers, and I am prepared to the government agencies to tell the our Armed Forces are in. close. taxpayers what they bought with the Mr. CONNOLLY. Will my friend Mr. CONNOLLY. I yield myself such disclaimer on there. yield? time as I may consume. It is commonsense legislation. I urge Mr. FARENTHOLD. I yield to the In closing, Mr. Speaker, I certainly all my colleagues to stand behind it. It gentleman from Virginia. laud the intent of the bill. I sometimes is something that I think will be a Mr. CONNOLLY. I thank my friend. wish, however, that we applied this huge step forward towards trans- Is there any doubt, do you think, in same rubric to ourselves here in Con- parency, and I look forward to this a taxpayer’s mind that if the current gress. Wouldn’t it be interesting for the bill’s passage. situation that identifies something as taxpayers to know, for example, that a I yield back the balance of my time. paid for by the U.S. Army, then cer- dead-end kind of inquiry on the IRS Mr. WESTMORELAND. Mr. Speaker, last tainly we all understand that it is also being pursued by the majority in this fall we learned that the Department of Health paid for by the U.S. taxpayer? body just in our committee alone has and Human Services spent nearly $12 million Mr. FARENTHOLD. Reclaiming my already cost the taxpayers of the dollars of taxpayer money for airtime cam- time, we have got an alphabet soup of United States $14 million producing paigns to promote Obamacare. While this was

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1950 CONGRESSIONAL RECORD — HOUSE February 26, 2014 a gross misuse of taxpayer dollars allocated to The SPEAKER pro tempore. The consisting of the text of Rules Committee specifically target states that have opted out of question is on the motion offered by Print 113-38. That amendment in the nature Medicaid expansion, it was not an isolated the gentleman from Texas (Mr. of a substitute shall be considered as read. All points of order against that amendment FARENTHOLD) that the House suspend event. in the nature of a substitute are waived. No For this reason, I joined my colleague from the rules and pass the bill, H.R. 3308, as amendment to that amendment in the na- Missouri as the original cosponsor of H.R. amended. ture of a substitute shall be in order except 3308, the Taxpayer Transparency Act. The question was taken; and (two- those printed in the report of the Committee This bill does just what it says—provides thirds being in the affirmative) the on Rules accompanying this resolution. Each transparency when spending tax dollars rules were suspended and the bill, as such amendment may be offered only in the earned by hard working Americans. amended, was passed. order printed in the report, may be offered My colleague’s bill would require agencies A motion to reconsider was laid on only by a Member designated in the report, in the executive branch to disclose any and all the table. shall be considered as read, shall be debat- advertisements funded by taxpayers. This in- able for the time specified in the report f cludes all mailers, brochures, tv and radio ads, equally divided and controlled by the pro- PROVIDING FOR CONSIDERATION ponent and an opponent, shall not be subject emails, billboards, and posters. to amendment, and shall not be subject to a Both the House and Senate are required to OF H.R. 3865, STOP TARGETING demand for division of the question in the disclose this information in franked mailing— OF POLITICAL BELIEFS BY THE House or in the Committee of the Whole. All so why are executive branch agencies not IRS ACT OF 2014; PROVIDING FOR points of order against such amendments are held to the same standard of transparency? CONSIDERATION OF H.R. 2804, waived. At the conclusion of consideration of Our constituents deserve better. ALL ECONOMIC REGULATIONS the bill for amendment the Committee shall To my colleagues, I urge you to pass this ARE TRANSPARENT ACT OF 2014; rise and report the bill to the House with bill to hold the federal government account- AND PROVIDING FOR CONSIDER- such amendments as may have been adopted. able for waste and abuse of taxpayer money. ATION OF MOTIONS TO SUSPEND Any Member may demand a separate vote in Mr. CUMMINGS. Madam Chairman, I rise in the House on any amendment adopted in the THE RULES Committee of the Whole to the bill or to the opposition to this legislation. Mr. WOODALL. Mr. Speaker, by di- amendment in the nature of a substitute For the last three years, House Republicans rection of the Committee on Rules, I made in order as original text. The previous have repeatedly attacked critical public health, call up House Resolution 487 and ask question shall be considered as ordered on safety, and environmental protections. for its immediate consideration. the bill and amendments thereto to final This package of anti-regulatory bills is just passage without intervening motion except another such attack on agency rulemakings— The Clerk read the resolution, as fol- one motion to recommit with or without in- one that is falsely advertised as an effort to lows: structions. improve transparency. H. RES. 487 SEC. 3. It shall be in order at any time on Title one of this bill, which was reported by Resolved, That upon adoption of this reso- the legislative day of February 27, 2014, for the Oversight and Government Reform Com- lution it shall be in order to consider in the the Speaker to entertain motions that the House the bill (H.R. 3865) to prohibit the In- House suspend the rules, as though under mittee, would prevent a rule from taking effect clause 1 of rule XV, relating to the bill (H.R. until certain information is posted online for at ternal Revenue Service from modifying the standard for determining whether an organi- 3370) to delay the implementation of certain least six months. zation is operated exclusively for the pro- provisions of the Biggert-Waters Flood In- The only exception to this requirement motion of social welfare for purposes of sec- surance Reform Act of 2012, and for other would be for the agency to forgo a notice and tion 501(c)(4) of the Internal Revenue Code of purposes. comment period or for the President to issue 1986. All points of order against consider- The SPEAKER pro tempore. The gen- an Executive Order. ation of the bill are waived. The amendment tleman from Georgia is recognized for 1 This delay is completely unnecessary and is in the nature of a substitute recommended hour. effectively a six-month moratorium on rules. It by the Committee on Ways and Means now Mr. WOODALL. Mr. Speaker, for the also could give agencies a perverse incentive printed in the bill shall be considered as adopted. The bill, as amended, shall be con- purpose of debate only, I yield the cus- to avoid a public comment period altogether if tomary 30 minutes to my friend from a statutory or court-ordered deadline could be sidered as read. All points of order against provisions in the bill, as amended, are Colorado (Mr. POLIS), pending which I missed. waived. The previous question shall be con- yield myself such time as I may con- Just one example of a rule that could be af- sidered as ordered on the bill, as amended, sume. During consideration of this res- fected by this bill is the Food and Drug Admin- and on any amendment thereto to final pas- olution, all time yielded is for the pur- istration’s proposed rule on electronic pre- sage without intervening motion except: (1) pose of debate only. scribing information, which would ensure that one hour of debate equally divided and con- GENERAL LEAVE doctors have the most current safety informa- trolled by the chair and ranking minority tion on prescription drugs. member of the Committee on Ways and Mr. WOODALL. Mr. Speaker, I ask Under this bill, this drug safety rule could Means; and (2) one motion to recommit with unanimous consent that all Members not be finalized until OMB posts information or without instructions. have 5 legislative days to revise and ex- SEC. 2. At any time after adoption of this tend their comments. about the rule on its web site for six months. resolution the Speaker may, pursuant to FDA, like other agencies, already details the The SPEAKER pro tempore. Is there clause 2(b) of rule XVIII, declare the House objection to the request of the gen- status of its rulemakings on its website, and resolved into the Committee of the Whole extensive information about proposed rules is House on the state of the Union for consider- tleman from Georgia? also available on the website Regulations.gov. ation of the bill (H.R. 2804) to amend title 5, There was no objection. Yet under this bill, if OMB failed to post a United States Code, to require the Adminis- b 1245 required piece of information, FDA could not trator of the Office of Information and Regu- finalize the rule unless the President stepped latory Affairs to publish information about Mr. WOODALL. Mr. Speaker, you in and issued an Executive Order. It should rules on the Internet, and for other purposes. have heard me say it before, it makes The first reading of the bill shall be dis- me so happy to be a member of the not be that hard for doctors to have the most pensed with. All points of order against con- up-to-date safety information about prescrip- Rules Committee because our entire sideration of the bill are waived. General de- resolution gets read down here. The en- tion drugs. bate shall be confined to the bill and amend- That is just title one of this Frankenstein bill. ments specified in this section and shall not tire Rules resolution gets read, and by The other three titles of this bill are even exceed one hour equally divided and con- golly, Mr. Speaker, if you are not worse. One title would add 60 additional re- trolled by the chair and ranking minority proud of what you are doing in your quirements to the rulemaking process. member of the Committee on the Judiciary. committee, you better not sign up for a We should be making the regulatory proc- After general debate the bill shall be consid- committee where every word of the ess more efficient and effective. Adding 60 ered for amendment under the five-minute work that you do gets read each and new requirements will do exactly the opposite rule. In lieu of the amendment in the nature every time, but I am proud of the work of a substitute recommended by the Com- we are doing in the Rules Committee. and make it needlessly complex. mittee on Oversight and Government Reform Madam Chairman, this is a package of bad now printed in the bill, it shall be in order to The rule that we have on the floor bills that would do nothing to improve our rule- consider as an original bill for the purpose of today, Mr. Speaker, is going to make making process. I urge every Member to op- amendment under the five-minute rule an two bills in order. Both, I would argue, pose it. amendment in the nature of a substitute are incredibly important for providing

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1951 not just transparency to what goes on as recently as 2012, Mr. Speaker, where This transparency bill we have on the here in Washington but also to ensure the administration just ignored that floor today intends to address that, not that the people’s voice continues to be statute altogether. Now understand, just for this regulation, but for all fu- heard in Washington. the requirement is that you must in- ture regulations, and the Stop Political House Resolution 487, this rule, is a form the American people twice a year, Targeting bill that we have on the closed rule for consideration of H.R. just twice a year, about the regulations floor today says this and this alone: it 3865. That is the Stop Targeting of Po- that are coming through the pipeline says since we don’t fully understand litical Beliefs by the IRS Act, Mr. that will impact them, their families, what is going on, and since we know Speaker. That is in response to what and their businesses, and yet, that has with certainty that the IRS has now every American understands to be been ignored. There has been no ability breached the public’s trust, not the en- the 501(c)(4) scandal, for lack of a bet- for folks to understand the magnitude tire IRS but just this one scandal here ter word; that for the first time in my of those regulations. in the 501(c)(4) operations, since we lifetime, there are allegations that the So we came back in this piece of leg- know with certainty that the public’s IRS is targeting folks on the basis of islation, Mr. Speaker, and said, listen, trust has been diminished, let’s not their political beliefs for whether or not only should you be doing that, you have the administration, in the ab- not they are able to have their organi- should probably be doing it once a sence of a full understanding by the zation certified as a tax-exempt organi- month. If you have seen the Federal Congress, the absence of full comment zation. That is not just a concern of Register, Mr. Speaker, it is thick. It by the American people, let’s not have groups on one side of the aisle or the comes out every day of the week. It the administration completely re-regu- other, Mr. Speaker, that is a concern of captures all of the new rules and regu- late that area. Rather, let’s put this folks across the spectrum, and I would lations that are coming out. They are off, not forever, Mr. Speaker, because argue it is a concern for all Americans coming out like water out of a spigot. we all agree that work needs to be who believe that having their voice They are tough to keep track of. So done, but for 1 year and 1 year only so heard is important. this bill says let’s do it not twice a that the Congress can have a full un- Mr. Speaker, this resolution provides year, let’s do it once a month. Let’s derstanding and the American people for a structured rule for the consider- make sure that the American people can have a full accounting of what it ation of H.R. 2804, the All Economic understand in a volume that they can was that led to citizens’ voices being Regulations are Transparent Act. see and read once a month what those silenced by the Internal Revenue Serv- Mr. Speaker, in that structured rule, new rules and regulations are, and, if ice in their applications for 501(c)(4) we made in order 11 amendments. We an agency chooses to ignore that re- status. had two Members come by and testify quirement, that proposed rule and reg- Those are the two bills we have on on behalf of their amendments last ulation will not go into effect such the floor today, Mr. Speaker. Again, all night in the Rules Committee. We that the American people will get six of the germane amendments that were made both of those amendments in months of notice about what it is that offered, and candidly, there were no order. In addition, we made four Re- is going on. germane amendments that were offered publican amendments and five other I will give a good example, Mr. to the Stop Political Targeting Act, so Democratic amendments in order; so Speaker. It goes to the second bill we that is a closed rule with just the one for a total of 11 amendments, four Re- are considering, the Stop Political Tar- motion to recommit, and 11 amend- publican amendments and seven Demo- geting bill that is on the floor here ments made in order for the govern- cratic amendments were made in order today. There is a public comment pe- ment transparency bill on the floor on that underlying bill. As is cus- riod that is on right now. I don’t know today, only four Republican amend- tomary, it provides the minority with if most folks in America know that. I ments, seven Democratic amendments, a motion to recommit on both bills. know everybody understands the IRS so we can have a full and open debate. Mr. Speaker, I sit on the Government targeting scandal. I don’t know if they I am very proud of this rule, Mr. Reform Committee. We just had a Gov- know that the administration is in- Speaker. ernment Reform Committee bill pass volved in a rulemaking right now. The With that, I reserve the balance of here on the floor of the House, and we investigation is still ongoing into the my time. have another one here today. It aims IRS. The extent of the abuse is not yet Mr. POLIS. Mr. Speaker, I thank the for transparency. There is just no ques- understood at the IRS. The committees gentleman from Georgia for yielding tion in my mind, Mr. Speaker, that we are continuing to work through that me the customary 30 minutes, and I have replaced taxation in this country process, as the law requires, and yet yield myself such time as I may con- with regulation. Rarely does someone the administration has released a rule sume. come down and say, ‘‘I want to tax an that says we think we know how to fix Mr. Speaker, I am forced to rise industry.’’ What they will come down this, even though the investigation is again in opposition to the rule and the and say is, ‘‘I want to regulate an in- not done yet; this is what we want to two underlying bills that are counter- dustry.’’ In fact, in my great State of do, and the public comment period ends productive and aren’t dealing with the Georgia, Mr. Speaker, we are regu- tomorrow. The public comment period issues that our constituents sent us lating jobs right out of existence. We ends tomorrow. here to address. Each of these bills was don’t have to tax them out of exist- Now, folks can go to brought under a restrictive process, ence. We don’t have to outlaw an in- www.regulations.gov. They can still go one of them a completely closed rule dustry. We just regulate it out of exist- and file their comment if they believe that blocked all efforts from both sides ence. that the people’s voice being heard is of the aisle to improve the legislation. Perhaps there are some industries important, but think about that, Mr. Let’s talk about the IRS bill first. that need to be regulated out of exist- Speaker. A scandal that everyone in The IRS bill has a title that I think ence, and we should have that full and America understands, a scandal that I would engender broad bipartisan sup- open debate on the floor of the House, believe is offensive to absolutely every- port. If we want to run a bill that pre- but what is absolutely certain is that one in America because it doesn’t mat- vents the IRS from discriminating the American people need to be able to ter which party you are in, you against organizations based on their understand the power of the regulatory shouldn’t target folks who disagree political affiliations, whether they are process, and the impact that it has on with you; we should absolutely have an progressive or tea party or anywhere in jobs and economic development in full and open debate and let the best between, I think there would be a way their community. ideas win. Yet the administration has to come together in support, hopefully Today in statute, Mr. Speaker, there proposed a solution to a problem that near unanimous support, around such a is a requirement that the administra- is not yet fully understood, and the op- bill. tion twice a year publish a notice of all portunity for the American people to Like many Americans, I was out- of those regulations that are being con- comment on it ends tomorrow. I don’t raged that organizations had been sin- sidered and what their impact is antici- think folks know that back home, Mr. gled out based on the name of their or- pated to be, but we have had instances, Speaker. ganization for additional scrutiny.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1952 CONGRESSIONAL RECORD — HOUSE February 26, 2014 That is simply not the right criteria cratic and Republican, around a com- and makes the reforms we need, Repub- that the IRS should be using. I hope monsense solution, securing our bor- licans say let’s bury the government in they got the message over at the IRS der, ensuring that people who are here red tape, increasing the paperwork for loud and clear, and I hope we can move illegally get in line behind those who agencies by six times, and let’s give to fully implement the recommenda- are here legally, implementing manda- government handouts to farmers. tions of the inspector general to ensure tory workplace authentication of Those are the Republican policies that that this never happens again. workers, making sure the future flow we are seeing in this Congress, and it is However, this bill actually undoes of workers is in line with the needs of why the American people hold this in- one of the very recommendations of our economy and America can continue stitution in great disapproval. The the inspector general from the inspec- to compete in the 21st century. We longer we delay in passing comprehen- tor general’s own report. There is even have a nearly identical bill in the sive immigration reform, the greater a Republican bill in the Ways and House, H.R. 15, a bipartisan bill. I the cost of inaction becomes. Means Committee by PETE ROSKAM think if we brought it forward under a b 1300 that would require the IRS Commis- rule, it would pass. Let’s bring that bill sioner to implement all of the rec- forward, Mr. Speaker. According to the Congressional Budg- ommendations of the inspector general, Nearly a year ago, the New Demo- et Office’s nonpartisan analysis, pass- including these very regulations that cratic Coalition Immigration Task ing immigration reform would increase this other Republican bill is seeking to Force, which I cochair, released de- our gross domestic product by 3.3 per- prevent the implementation of. So tailed principles on comprehensive im- cent, raise wages by $470 billion for make up our minds here, folks. migration reform. I applaud the Repub- American citizens, and create an aver- If we want to move together to pre- lican principles that were issued on im- age of 121,000 jobs for Americans each vent the IRS from discriminating migration reform. There is a lot that year over the next decade. against any organization because of we have in common. I believe that we So, rather than create jobs for Fed- their political affiliation, let’s do so, can work together to pass a bill to cre- eral bureaucrats having to deal with whether it is something binding, imple- ate American jobs, ensure that we are six times as much paperwork, let’s cre- menting in statute the recommenda- more competitive in the global econ- ate jobs in the private sector, Mr. tions of the inspector general, whether omy, reduce the deficit by hundreds of Speaker. Let’s pass immigration re- it is a sense of Congress, I stand ready billions of dollars, and that reflects our form to ensure that American compa- to work with my colleague from Geor- values as Americans and reflects our nies can compete in the increasingly gia and others to speak with a strong values as people of faith. complex global marketplace. voice that that kind of discrimination Yet, the House majority has found If we have the ability, Mr. Speaker, has no role in the IRS. However, that is time to shepherd dozens of bills to bring a bill forward to the floor, an- entirely separate from what this bill through the Judiciary Committee to other bill we would bring forward is in- does, which guts one of the very inspec- the floor of the House, including one creasing the minimum wage to $10.10. tor general recommendations that was that we are considering today, but the Just before coming up here today to designed to remedy this problem going House hasn’t dedicated a single mo- manage this rule, Mr. Speaker, I signed forward. ment of floor time to an immigration a discharge petition to bring that bill As for the other bill, the ALERRT to the floor, a bill that I proudly co- Act, it would slow down the regulatory reform bill. We haven’t even tried, Mr. Speaker. We haven’t had a 3-hour de- sponsor, a bill authored by my col- process and increase red tape for agen- league, Mr. MILLER of California. cies. It has been estimated that this bate, we haven’t had a 1-hour debate, we haven’t had a 1-minute debate on Raising the minimum wage would bill increases reporting requirements help restore fairness for working men for agencies by six times. This is a Re- any immigration reform bill here on the floor of the House of Representa- and women across the country. It publican bureaucrat welfare bill. How would lift millions of Americans out of many more government bureaucrats tives. You don’t get to ‘‘yes’’ without scheduling the time and the space for poverty. It would fuel demand and eco- are you going to have to hire to deal nomic growth. with six times more paperwork that is Democrats and Republicans of good faith to work together to solve a prob- A letter from over 600 economists, in- going to come from this bill? cluding seven Nobel Prize winners, You know, when I talk to my con- lem that the American people want and said: stituents in Colorado about what do we demand a solution for. need to do, they don’t say, ‘‘You need Across the country, business leaders, At a time when persistent high unemploy- ment is putting enormous downward pres- to go to Washington and help bury gov- faith leaders, national and local edi- torial boards, and the law enforcement sure on wages, such a minimum wage in- ernment workers in more paperwork. I crease will provide a much-needed boost. want more red tape.’’ community are calling for real leader- Yet, that is the bill we have here ship on advancing immigration reform It is no panacea, but if we are look- today, a Republican bill that would now. In fact, just yesterday, the Cham- ing at helping Americans earn enough bury the Federal Government under six ber of Commerce sent a letter to so that they don’t have to be part of times as much reporting requirements Speaker BOEHNER from more than 600 the social safety net or government for agencies. That is not what the businesses urging Congress to pass im- welfare programs, we need to make American people want. That is why I migration reform. The Chamber presi- sure that they can do that in the pri- urge my colleagues to vote ‘‘no’’ on dent, Tom Donohue, posted a blog post vate sector because—you know what?— this rule and this bill. emphasizing the need to have a mod- at current minimum wage levels, a Look, there are some issues that we ernized E-Verify system, provisions family working full-time, 40 hours a could be working on here today, Mr. that are included in H.R. 15. week, earns about $14,000 a year. Speaker. Let me talk about a few of Last week, a Wall Street Journal op- Mr. Speaker, you try living on $14,000 those. These are the kinds of issues ed criticized the Republicans’ failure to a year. I couldn’t do it. I don’t think that I believe if my party had the op- act on commonsense reform. Citing a you could do it, Mr. Speaker. portunity to bring bills to the floor of recent study from the American Farm Guess what? That is why we have a this Chamber, we would be bringing Bureau about the cost of failing to act, social safety net that helps Americans those bills to the floor of this Chamber. The Wall Street Journal wrote: and supplements their income. Wheth- er it is Medicaid, whether it is food One of those is immigration reform. Republicans have killed immigration re- Rather than spending time debating form for now, but the Farm Bureau study stamps, Americans earning $14,000 a bills that are counterproductive and shows that in the real economy it is still year don’t live a great life, but they aren’t going anywhere, let’s consider needed. The irony is that many Republicans get a little help from us, and that is legislation that would replace our bro- who support handouts to farmers oppose re- the right thing to do; it reflects our ken immigration system with one that forms that wouldn’t cost taxpayers a dime values. works. and would help the economy. Do you know what? If we can help The Senate, Mr. Speaker, was able to So instead of passing a bill that re- them earn a little bit more, they will come together, 68 Members, Demo- duces the deficit, secures our borders, require less help from other taxpayers

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1953 in paying their rent, paying their bills, One of the things that comes when ferent titles. I am speaking specifically putting groceries on their table. we have these debates, and we have a to title IV, which is commonly known So we can be fiscally responsible in lot of issues that come before the floor, as ‘‘sue and settle.’’ reducing the need for social safety net we speak in terms of—and my good I have talked to Members of both programs if we can help lift up more friend from Georgia, we talked about Democrats and Republicans who go Americans out of poverty. One substan- this before—we talk in terms of bill home and have townhall meetings. One tial step towards doing that will be to numbers; we talk in terms of rules, the of the things that happens all the time increase the minimum wage to $10.10. good gentleman from across the aisle is you begin to talk about regulation in Another issue that we would love to from Colorado often speaks of; and we bills and what does this do. I see this bring forward, Mr. Speaker, would be all talk in the terms that we under- sense of many who are in the audience. renewing unemployment insurance. stand. All of a sudden, their eyes just glaze Again, when unemployment insurance But many times, when you look at over, and they say: Here it comes, ran out with employment at high lev- bills and you look at the things that Washington speak; we don’t get it. els, it sucked money out of the econ- are coming before the floor, it is a good Well, I am just a country boy from omy, money that could otherwise go to idea to start painting the picture of northeast Georgia, and I just want to create jobs and private sector growth. those that are impacted by it. Mr. put it in simple terms. This makes it In the past and in prior recessions Speaker, when we begin to do that and very simple to understand the sue-and- and in prior times when we had this when we begin to look at the bills on settle legislation. level of unemployment, this has always the floor today, I want to tell you a Two people have a problem. They been a bipartisan issue. There has al- don’t get along. Something is not ways been responsible governing ma- story. The story involves Mr. Puckett. He right. In one group, they have maybe a jorities of Republicans and Democrats, business or a group that have a dis- in this Chamber and the other Cham- owns a small business that has been creating jobs for over 100 years, a fam- agreement on something going on, and ber, that have put together extensions they can’t seem to find their solution, for unemployment insurance. ily-owned brick company. Mr. Puckett attributes the success of his business so the one actually says: Whoa, I see And yet, once again, it has run out, something here. There is a regulation and we seek to bring a simple bill to to their hard work and loyal employ- ees. that I can sue on. This is a government the floor that ensures that we don’t en- agency that I can go sue. So we have a danger our recovery by sucking money Unfortunately, when I met Mr. Puckett, the conversation was not so third party in play. out of the economy in our time of need. So what we do is we take two people optimistic. He testified before the Ju- I will go on and on, Mr. Speaker, who have an issue—and I will just use diciary Committee on the first bill I in- about bills we could be considering, but ‘‘people’’ as the term here—and we troduced, H.R. 1493, which is now title sadly, the truth is—and the American have their outlet as saying: I will sue a IV of this legislation, because his com- people see this—we are not considering third party—being the Federal Govern- pany had just lost 50 jobs as a result of those bills here today. We are consid- ment—and while I am suing, I will two regulations crafted behind closed ering a bill that adds six times as much work out a deal with the bureaucrats doors. paperwork to already overworked Fed- in this agency and go to a judge and In a Nation of over 300 million, 50 eral workers, and we are considering a get a consent order; and then, by the bill that guts one of the recommenda- jobs may not seem like much, but in way, then that consent order is binding tions of the inspector general that was Mr. Puckett’s town, that is the dif- on the other person. designed to help prevent the IRS from ference between 50 families having food I grew up in a family with a brother. discriminating based on political affili- on the table or going hungry; or for I have often kidded that I thought he ation and ensure that we have suffi- small towns, like I have in northeast was adopted, but he is not. He is actu- cient transparency, consistent with our Georgia, it means the difference in ally my brother. It is like any other Tax Code around entities in the polit- staying in their beloved part of the sibling rivalry, but when we would ical arena. State or moving somewhere else to find have a disagreement, it is sort of like We can do better, Mr. Speaker. I en- a job. him going to Mom and Mom only be- courage my colleagues on the other Every State, every congressional dis- side of the aisle to do better. I am con- lieving him, only hearing his side of trict, has their Mr. Pucketts. No busi- the story, and then punishing me— fident that, if they are not able to do ness has been untouched by the toll of better, Mr. Speaker, the American peo- which, by the way, for anybody watch- costly and overburdensome regula- ing today, that happened quite regu- ple will give my side of the aisle a tions. That is why I rise today in chance to do better. Either way, Mr. larly. strong support of this rule and the un- I have spoken many times to my Speaker, immigration reform doesn’t derlying legislative package. mom and dad about that. But is that solve itself. It takes the United States Now, a lot will be said and has been fair? No, it is not fair. Both sides need Congress to solve it. said about this, in saying that we need While the President can move for- to be heard. You need to have the op- to do other things, we need to go on to portunity. That is what sue-and-settle ward with his executive powers, as he this project. I just heard from my has with the deferred action program, legislation does. friend from across the aisle. As I have the only comprehensive solution can You can hear a lot, and I am sure done before from here, I will simply re- come from the United States Congress. there will be many folks who will come I encourage my colleagues on both mind him, in that nirvana state of just to the floor today and tonight saying: sides of the aisle to work in good faith a few years ago, when they had the No, that is not what it does; you are towards addressing the flaws in our im- choice to do whatever they wanted to gumming up the works. And I will get migration system and replacing chaos do, they chose to leave immigration on to that in a minute. with the rule of law, increasing our the table while they fixed other things But when we understand what these competitiveness, reducing our deficits, which we are fixing today. do—the abusive use of consent and de- securing our borders, making America But today, we are going to talk about cree and settlements to coerce agency safer, and creating jobs for Americans. the Mr. Pucketts of the world and the action is often referred to, as I have I reserve the balance of my time. business owners, but not just the busi- said, to sue and settle—it is the reason Mr. WOODALL. Mr. Speaker, at this ness owners, the folks who work for Mr. Puckett was losing these jobs. He time, I yield 10 minutes to the gen- them, the folks that so many times are did not have the input because of one tleman from Georgia (Mr. COLLINS), a missed by what we are trying to do. of these decrees. freshman Member, a young Member of By reforming our Nation’s regulatory Agencies are failing to uphold their the Oversight and Government Reform system, we jump-start the engine of statutory rulemaking discretion and Committee, in support of this legisla- our economy. When our economy gets are allowing lawsuits from outside the tion. up and going, our families flourish. groups to determine their priorities Mr. COLLINS of Georgia. Mr. Speak- A lot can be said about this whole and duties. Between 2009 and 2012, the er, I thank the gentleman from Georgia package. There are other speakers who majority of these sue-and-settle ac- for yielding me the time. will speak later today about the dif- tions occurred in the environmental

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1954 CONGRESSIONAL RECORD — HOUSE February 26, 2014 realm, Clean Water Act, Clean Air Act, prior to filing the decree or the settle- even more is for the 50 folks who don’t and Endangered Species Act. ment. Again, it is simply improving have jobs because the government, Again, when you come forward trying public participation. through regulatory backroom deals, to make regulatory rules, we have, like This is what we are about here. This has cut out their livelihoods. we had testified into Rules Committee is what this bill does. This bill takes a Who do they see for that, Mr. Speak- last night, that anybody threatening to measured and reasonable approach to er? Who do they go and complain to? say something about the regulatory ac- the sue-and-settle problem. It ensures What government agency takes their tion is wanting dirty water, dirty air, that settlements are conducted out in phone calls when their government and baby cribs that fall apart, that is the open and impacted stakeholders has, in essence, helped put them out of just a mischaracterization and not can have a seat at the table. jobs? worthy of debate to the American peo- That is good governance. That is put- No one on this side wants anything ple. ting transparency out there. That is except an economy that is flourishing There is no one on this side of the doing the things that we are supposed and people who are working and jobs aisle, Mr. Speaker, that wants to to do here. that are secure. It is about the every- breathe dirty air; there is no one on I also have to respond to my friend day man and woman who gets up and this side of the aisle that wants dirty from Colorado. We have great debates goes to work, but their business owners drinking water; and there is no one on down here. I enjoy listening to your are having to tell them ‘‘not today.’’ this side of the aisle that wants mal- perspective and coming down, Mr. We are being inundated with rules and functioning parts that hurt people. Speaker, and having this kind of con- regulations. I will stand with the That is not worthy of this debate. versation; but I was amazed because I American worker every day. I will ac- This is simply saying that we are believe, today, the American people— knowledge the role of our government having an issue of fairness. Our Presi- there are many times I have very frus- in its limited form, but don’t ever mis- dent talks fairness. He discusses trans- trated people in the Ninth District of take there is a separate philosophy parency. We are calling on him to say: Georgia who say: Both your Houses, here, one that encourages Big Govern- We agree with you, Mr. President, on Republican, Democrats, you are the ment and one that says, ‘‘I am for the this issue. Let’s have transparency. same. I am tired of it all. workers who get up every morning and Let’s have fairness here. Well, today is one of those days, in go to work to take care of their fami- But, when someone enters an out-of- this discussion right here, that you can lies.’’ sight backroom deal with unelected honestly say: Here is the difference in Mr. POLIS. Mr. Speaker, before fur- employees—bureaucrats—to establish governing philosophy. And it came out ther yielding, I want to address some of when the EPA will meet its past-due just a minute ago. the comments, and I yield myself such responsibilities, it is effectively decid- I am here with a bill and other parts time as I may consume. ing how EPA will use its limited re- of this bill today that are actually Again, this bill creates a backdoor sources and, thus, creating policy pri- looking for transparency, openness, increase in the Federal bureaucracy. orities for the Agency. and willing to get regulations that are When you are talking about increasing If the EPA needs assistance in effective in a limited form of govern- reporting requirements by six times prioritizing its many regulatory re- ment which our Founders thought of, and adding 60 additional procedural sponsibilities, I recommend they con- so that businesses can still be busi- and analytical requirements to the sult the States who must implement nesses, employees can still have jobs, rulemaking process, you know that these regulations and the communities moms and dads can still have pay- this bill must contemplate increasing that will be impacted by them. checks and take care of the kids at the size of the Federal bureaucracy to Unlike what some claim, H.R. 1493 home and take care of their families. deal with these increased require- does nothing to hinder the rights of ments. b 1315 citizens to bring suit against their gov- As an entrepreneur who started a ernment. Again, another ‘‘let’s throw What I heard just a few minutes ago number of small businesses, I know the up something against the wall to see if was the concern about the burden on importance of having certainty and it sticks.’’ This does nothing. They can the Federal Government. We are more predictability in the regulatory proc- still bring the suits. We are just simply concerned that this may cause extra ess. The additional bureaucracy insti- asking for transparency. work. Frankly, from my perspective, I tuted by this ALERRT Act will simply Instead of buying into the mantra of believe this legislation can help be- not help businesses thrive and grow. special interest groups that benefit cause we can trim the size of the Fed- This legislation would create head- from these sweetheart deals, let’s look eral Government and give roles and re- aches for businesses at a time when at what it actually does. As I described sponsibilities where they need to be many small businesses are already before in basic terms, it allows fair- with States and others, and when we do struggling to recover from the reces- ness; it allows transparency; and it al- so, that gives us the proper respect. sion. lows those with constitutional stand- The SPEAKER pro tempore. The Mr. Speaker, if we defeat the pre- ing to be part of a suit so that they can time of the gentleman has expired. vious question, I will offer an amend- have input into something that will af- Mr. WOODALL. I yield the gen- ment to the rule to bring up H.R. 1010, fect them. I believe everyone can agree tleman an additional 2 minutes. which is legislation to raise the min- to that. Mr. COLLINS of Georgia. I think imum wage to $10.10 an hour, in order If you are being affected, you ought what we see here is a concern for the to restore fairness for men and women to—and especially when it comes to the Federal Government. Our government across our country. United States Government—we ought employees are great folks—they do To discuss our proposal, I yield 3 to be able to tell what this bill and good work—but I am more concerned minutes to the gentleman from New what these rules and regulations do to with the American business owner. York (Mr. BISHOP). us. More importantly, I am concerned with Mr. BISHOP of New York. I thank This is good governance. Why should the workers who will lose their jobs, the gentleman from Colorado for yield- we let just a certain area and a certain have lost their jobs, or who have had to ing. group—Mr. Speaker, you know of this change jobs. Mr. Speaker, I rise in opposition on as well. There are areas in which they This is the difference right now, Mr. the motion to move the previous ques- get into disagreements and only their Speaker. If you want to see governance tion so that this body may consider views are put forward. Sue and settle philosophy that is different, I am con- H.R. 1010, the Fair Minimum Wage Act works to eliminate that. cerned that government should do of 2013. And then, also, the bill actually re- what it is supposed to do and that the This crucial piece of legislation will quires agencies to publish notice of a burden they are putting on themselves positively impact the lives of nearly 30 proposed decree or settlement in the should be removed. My concern is the million American workers and their Federal Register and take and respond business owner and the worker. My families by gradually raising the Fed- to public comments at least 60 days concern is Mr. Puckett. My concern eral minimum wage from its current

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1955 $7.25 an hour to $10.10 an hour by 2016. them—and what they want is a government as I have learned in my 3 years of hav- Beyond 2016, the bill ties the Federal that is honest, accountable, and responsive ing a voting card, Mr. Speaker, that minimum wage to annual inflation, en- to their needs. the American voters still run this suring that hardworking men and Seventy-one percent of the American show. Now, the voters have a tough women will never again see their wages people are asking us to do this. If the time having their voices heard, but if stagnate due to congressional obstruc- Speaker’s words mean more than just they can have their voices heard, they tion or inaction. words on a page, I would urge him to can make a difference. Let’s first discuss who benefits from bring this bill to the floor so that we We are talking about issues that we this legislation. I am sure that many can respond to the 71 percent of the wish we could change, Mr. Speaker. watching at home and some in this American people who think that rais- Today on the floor, we have an issue very room may have a skewed percep- ing the minimum wage is good eco- that we can change. The administra- tion of the contemporary minimum nomic policy and that it is good per- tion is proposing regulations that will wage worker. I will try my best to sonnel policy. silence voices on these very issues that clear up a few of these fallacies so that Mr. WOODALL. Mr. Speaker, I would my colleagues are raising. this debate can be framed by fact and ask my colleague from Colorado if he Let me read from Cathy Duvall, the not by stereotype. has any speakers remaining. Sierra Club’s director of public advo- The average age of the minimum Mr. POLIS. Mr. Speaker, we do. We cacy and partnerships, who says this wage worker is 35 years old: 54 percent have at least one speaker who is here about the proposed regulations from of them are full-time workers, and 55 and ready to go. the Obama administration’s Treasury percent of them are women. The aver- Mr. WOODALL. Mr. Speaker, I re- Department: age affected worker earns half of his or serve the balance of my time. The proposal harms efforts that have noth- her family’s total income, and more Mr. POLIS. Mr. Speaker, I yield 21⁄2 ing to do with politics—from our ability to than one-fourth of the minimum wage minutes to the gentleman from New communicate with our members about clean workers have children. Of the Nation’s, York (Mr. JEFFRIES). air and water to our efforts to educate the roughly, 75 million children, nearly Mr. JEFFRIES. I thank the distin- public about toxic pollution. one-fifth of them have at least one par- guished gentleman from Colorado. Mr. Speaker, if you believe in this ent who would receive a raise if the Mr. Speaker, the people whom I rep- process as I do, if you believe in this minimum wage were increased to $10.10 resent at home in Brooklyn and in Nation as I do, then you believe that it an hour. An employee working 40 hours Queens have been hit hard by the dev- is paramount that the people’s voices per week for the entire 52-week cal- astation of Superstorm Sandy, and are able to be heard. That is the issue endar—no time off—at the Federal many of these working families are here today. If you believe that the pri- minimum wage will earn just $15,080 in still struggling to recover from this vi- orities of this House should be changed, 2014. cious storm. Homes were destroyed. if you believe the priorities of this Na- Now, who can live on $15,000 a year? Businesses were ruined. Lives have tion should be changed, if you believe I just heard the gentleman from been turned upside down. anything in this Nation should be Georgia speak passionately about his That is why, Mr. Speaker, we need to changed, you must believe that we concern for the American worker. I deal with the issue that has been should preserve the power of the indi- would ask that gentleman and others brought before the people who have vidual’s voice. who are concerned about the American suffered from this storm and who now That is why this rule moratorium is worker: Are you concerned about all of face significant flood insurance rate in- here today, Mr. Speaker. That is why the American workers, or are you just creases as a result of the Biggert- the investigations must go on. That is concerned with those who earn at high- Waters law passed in 2012. The people why we must reject the administra- er brackets than $15,080 a year? A who were victimized by Superstorm tion’s rush to judgment here and en- worker who works full time and is still Sandy are now facing the prospect of sure that our priority continues to be below the Federal poverty level will significant flood insurance premium that of the board of directors of this qualify for Medicaid, for CHIP, for rate increases that are heading directly country—the American voters. SNAP, and for other public assistance at them like an out-of-control freight I reserve the balance of my time. programs that will cost taxpayers ap- train, and this House should be step- Mr. POLIS. Mr. Speaker, I yield 3 proximately $7 billion this year alone. ping in to stop that freight train dead minutes to the gentleman from Vir- Let’s raise the minimum wage, and in its tracks. That is why I support the ginia (Mr. SCOTT). let’s lift people out of poverty without reform of the Biggert-Waters law. We Mr. SCOTT of Virginia. I thank the spending a dime of additional Federal should suspend the flood insurance in- gentleman for yielding. money. Let’s save on those programs creases that are heading towards these Mr. Speaker, I rise in opposition to that the Federal Government has put Superstorm Sandy victims. We should the rule because it needs an amend- in place to help those maintain a allow for FEMA to conduct an afford- ment. I rise today in order to ask, standard of living who need a helping ability study. We should give Congress when the motion on the previous ques- hand. the opportunity to get this issue cor- tion to end the debate is brought up, A recent poll conducted by rect. that we vote ‘‘no’’ so that at that point Quinnipiac University found that 71 The failure of this House to act on an amendment can be introduced. percent of American workers support flood insurance reform is yet another If that possibility is available, I raising the minimum wage. That same example of the delay and the dysfunc- would like to bring up the provisions of poll found that Democrats, Repub- tion in dealing with the real issues H.R. 1010, which will provide a long licans and Independents are all in that confront the American people, and overdue increase in the minimum agreement that raising the minimum our inability to move forward as pre- wage. The bills that we are considering wage is the right thing to do. viously planned is just yet another today are just distractions from the The SPEAKER pro tempore. The time when a manmade disaster from issues that are most important. We time of the gentleman has expired. this House is being imposed on the need to be addressing the problems Mr. POLIS. I yield an additional 1 American people. that people are having. minute to the gentleman from New Mr. WOODALL. Mr. Speaker, I yield Mr. Speaker, today’s families are York. myself 3 minutes to say, if you care struggling to pay for basic needs, such Mr. BISHOP of New York. I refer about any of these issues that have as housing, health care, groceries, back to the words of Speaker BOEHNER been brought up today—and these are transportation. Someone working full in his first speech to this Chamber not issues that are involved in the rule, time at a minimum wage job today upon being sworn in as Speaker on Jan- and these are not issues that are com- only earns about $14,000 a year. At that uary 5, 2011. ing to the floor today—then you care Federal minimum wage today of $7.25, He said: about whether or not the American a parent working full time, year round, This is the people’s House. This is their people are able to make their voices doesn’t earn enough to get above the Congress—it is not about us; it is about heard, because I am absolutely certain, poverty level. When I say a ‘‘parent,’’

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1956 CONGRESSIONAL RECORD — HOUSE February 26, 2014 that is because studies have been done about this rule and why we must pass I do believe that the American people and have shown that the average min- this rule today—to bring to the floor agree that when you work full time, imum wage worker is 35 years old; the Stop Targeting of Political Beliefs you shouldn’t need a government hand- Raising the minimum wage not only by the IRS Act—so that Americans’ out. You should be able to support your increases workers’ income and reduces voices are not just silenced on the basis family at a very basic level. You turnover, it stimulates the economy. of their content, but not silenced pe- shouldn’t have to live in poverty if you That is because people earning the riod. are working 40, 50, 60 hours a week at minimum wage are spending every It is abhorrent that we would silence a backbreaking job. Raising the min- dime that they get, thus helping the voices on the basis of their content, imum wage to $10.10 will help accom- economy. We have heard fears about but I would argue, Mr. Speaker, it is plish that. possible job losses, but the effect of an abhorrent if we have an opportunity to Mr. Speaker, if we defeat the pre- increased minimum wage on jobs has stop voices from being silenced at all. vious question, I will offer an amend- been studied for decades, and these I believe this House will take that ment to the rule to bring up H.R. 1010, studies have proven that no job loss step today, and that is why I am proud legislation to raise the minimum wage can be expected with a modest increase to be here representing this rule. to $10.10 an hour, to restore fairness for I reserve the balance of my time. in the minimum wage. working men and women across the Mr. POLIS. I would inquire if the We have a clear choice. We can country. gentleman from Georgia has remaining choose to require a fair, living wage so speakers. Someone working full-time, year- that people can afford food and housing Mr. WOODALL. I do not have any re- round at minimum wage earns just for their families, or we as taxpayers maining speakers. over $14,000. That is nearly $4,000 below can be left picking up the tab through Mr. POLIS. I yield myself the bal- the poverty line. It means that other increased public assistance when they ance of my time. Americans will need to subsidize that cannot pay their bills, and we can be Mr. Speaker, in closing, these under- person through government support, left with a stagnant economy that is lying bills are destined, if they pass welfare, or food stamps. Because, guess not as improved as it would be with an this Chamber, like so many bills, for what. That $14,000 isn’t enough to pro- increased minimum wage. the Senate’s bill graveyard. Why? Be- vide for a family, have a shot at the So I urge my colleagues to vote ‘‘no’’ cause they are counterproductive. American Dream, or even to put a roof when the previous question is moved. I They are not what the American people over your head and food on the table. also encourage them to support legisla- want. They don’t do what they say. By raising the minimum wage to tion to increase the minimum wage so If we had a bill that fully imple- $10.10, we can help Americans become that we can improve the quality of life mented the recommendations to pre- self-sufficient to support themselves for millions of Americans and improve vent any kind of discrimination based and their families with pride and have the economy in the process. on political affiliation at the IRS, we a job that gives them pride to put food b 1330 could pass that bill. That would be an on their table and a roof over their important step forward in ensuring head without the need for government Mr. WOODALL. Mr. Speaker, I yield that the terrible embarrassment and support. myself 2 minutes. pie on your face that the IRS had, the I say to my friend from Virginia I Increasing the minimum wage to loss of confidence that it engendered $10.10 is simply a return to the level of think he is absolutely speaking from among the American people, will not the heart when it comes to sharing the the minimum wage in the 1960s. It happen again. would allow millions of additional voice of his constituents in Virginia. That is a good issue to work on, but My constituents take a slightly dif- American workers to support their that is not what we have. Instead, we families. ferent view. They look to the non- have a bill that actually guts one of Mr. Speaker, I ask unanimous con- partisan Congressional Budget Office the very recommendations of the in- sent to insert the text of the amend- that said, yes, you can raise the min- spector general designed to prevent ment in the RECORD, along with extra- imum wage. You called it a modest this from happening again—the exact neous materials, immediately prior to raise. I think they called it a more opposite of the title of the bill. the vote on the previous question. than 40 percent increase in the min- We also have a bill before us that cre- imum wage. But you can raise the min- ates more red tape in the Federal Gov- The SPEAKER pro tempore. Is there imum wage, as some are proposing, and ernment and regulatory agencies. I objection to the request of the gen- that is going to lift 900,000 families don’t think the American people are tleman from Colorado? above the poverty line and that is calling out for more red tape. I don’t There was no objection. going to destroy 500,000 jobs. think small businesses want regu- Mr. POLIS. Mr. Speaker, as my col- I don’t fault my colleagues at all for lators, whose approval they need, to be league from Georgia said, this rule does being concerned about those 900,000 in- so buried with six times as many re- not contain immigration reform and dividuals that are going to be lifted ports and 60 times more analytical re- minimum wage, but I think it is impor- above the poverty line. I think we all quirements that they won’t even be tant for the American people to know want folks lifted above the poverty able to give routine approval for var- what it could contain, what it should line. I don’t want folks working a life- ious things that small businesses and contain with this Chamber under Re- time for minimum wage. entrepreneurs need. It is a counter- publican leadership, what it would con- I want people working their way up productive step. tain if this Chamber were under Demo- the ladder. It is a ladder of opportunity So instead of addressing the issues cratic leadership. that we ought to be building in this that the American people want us to The agriculture community, the House. But to dismiss those 500,000 in- act on, from immigration reform to faith-based community, the business dividuals that the Congressional Budg- raising the minimum wage to extend- community, the law enforcement com- et Office said will lose their jobs alto- ing unemployment insurance, we are munity, and the fiscal responsibility gether are not partisan fights we have, debating counterproductive, single- community all speak with one voice on Mr. Speaker. These are heartfelt dis- Chamber bills that will die in the Sen- immigration reform. What we are cussions that we have about how best ate and would be harmful to the coun- doing now doesn’t work. to serve the American people to whom try if passed. There are over 10 million people here we have sworn an oath to the Constitu- My colleagues Mr. SCOTT and Mr. illegally. Companies violate the law tion that rules this land. BISHOP gave eloquent testimony for the every day. There is over close to 2 mil- These are very difficult issues, but importance of raising the minimum lion deportations, each at cost to the they are made better each and every wage. I certainly agree with my col- taxpayers of $10,000 to $20,000. time, I am certain, Mr. Speaker, if we league from Georgia that it is not a It is time to replace our broken im- preserve the power of the American panacea. Would that there were a silver migration system with the rule of law, people to have their voice heard in this bullet to lift people out of poverty, it reduce our deficit by hundreds of bil- debate. That is what is so important would have 435 votes. lions of dollars, create over 100,000 jobs

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1957 for Americans, finally secure our bor- But this, Mr. Speaker, is what the Do you believe that the board of di- ders, and ensure that nobody works il- administration is proposing. For rectors of America, the United States legally in this country, potentially un- 501(c)(5)’s, or labor unions, it is pro- citizen, deserves a loud voice and full dermining wages for American work- posing they continue doing all of that information? If you do, you vote ‘‘yes’’ ers. That is what we can accomplish. material. Also, for 501(c)(3)’s to con- on this rule, you vote ‘‘yes’’ on the un- We recognize it would be a bipartisan tinue doing all of that. But the derlying legislation, you reject the ad- solution. 501(c)(4)’s—the very same 501(c)(4)’s ministration’s effort to silence the H.R. 15, the Senate-passed bill, that were targeted by the IRS on the American people on both sides of the doesn’t have everything that Demo- basis of their political beliefs—those aisle, and you commit yourself to be- crats want in it; it doesn’t have every- groups, and those groups alone, would lieving that a full and open debate is thing that Republicans want in it; but be silenced. the only way in which this country will it would be good for our country. It Mr. Speaker, America is not advan- succeed. would be great for our country and for taged by that rule. Maybe in some Mr. GINGREY of Georgia. Mr. Speaker, I the American people. shortsighted way someone believes rise today as a proud cosponsor of H.R. 3865, I urge my colleagues to vote ‘‘no’’ their personal political agenda is ad- the Stop Targeting of Political Beliefs by the and defeat the previous question. I urge vanced by that scheme, Mr. Speaker, IRS Act, offered by my friend and Chairman of a ‘‘no’’ vote on the rule, and I yield but we do not. We as a Nation do not. the Ways and Means Committee, Mr. Camp of back the balance of my time. It is a shortsighted gain. That is why Michigan. Mr. WOODALL. Mr. Speaker, I yield we put this bill on the floor today to In the wake of the IRS’s admission last year myself the balance of my time. delay these new regulations, this that it improperly targeted conservative Mr. Speaker, you have heard a lot of change of how American political dis- groups, troubling information continues to heartfelt sentiments from my friends course occurs, for 1 year—and 1 year come to light detailing just how high the scan- here on the floor of the House today. only—while the investigation com- dal went. In response, the President briefly Unfortunately, what you haven’t heard pletes itself. feigned the appropriate indignation and did is what we are going to do together to Mr. Speaker, I just want to read from some cursory bureaucratic reshuffling. ensure that the heartfelt sentiments of the report that the inspector general Then, rather than actually addressing this every single citizen of these United crafted at the Treasury Department. stunning abuse of First Amendment rights, the States can be heard here in Wash- He says, What were the words, what Administration decided to double down by pro- ington. triggered this additional investigation posing a regulation that all but codifies the tar- I fear my friend from Colorado is that went on? geting. The proposed IRS regulation—which right. I don’t say that lightly. He has a This is what they were, Mr. Speaker. would change the way that tax exempt status lot of good ideas, and I hope to collabo- If you use the word ‘‘Tea Party,’’ you is determined for social welfare organiza- rate with him on even more. I fear he might get special scrutiny. If you use tions—is a move that would significantly im- is right that this is a single-Chamber the word ‘‘patriot’’ in your name, you pact the activities and First Amendment rights solution. I fear that only the United might get special scrutiny. If you were of those organizations. It adds a massive pa- States House of Representatives is con- concerned, Mr. Speaker—and this is perwork burden for organizations, and broad- cerned with protecting the voice of the reading from the Treasury Department ens the IRS’s power over political activity. people—not just people who agree with report—if you were concerned about The IRS issued the rule despite six ongoing me, Mr. Speaker, but people from all government spending, government investigations into the discriminatory targeting stripes. debt, or taxes, you could be subjected and the fact that the existing guidance has I have read from the Sierra Club ear- to special scrutiny. If you wanted, Mr. been in place and functioning for more than lier. Let me read from the ACLU’s Speaker, to ‘‘make America a better 50 years. comments to the administration on place to live,’’ you could be subjected In order to combat this proposed overreach this rule. This is what they say: ‘‘So- to special scrutiny. by the IRS, H.R. 3685 prohibits it from final- cial welfare organizations praise or The administration has gone far be- izing this unnecessary rule—and similar criticize candidates for public office on yond that, Mr. Speaker. They are not rules—for one year. the issues and they should be able to do just going to subject some groups to Despite President Obama’s claims that so freely, without fear of losing or special scrutiny, as is the source of the there was ‘‘not even a smidgen of corruption’’ being denied tax-exempt status.’’ scandal. They are silencing all groups. at the IRS, I believe the American people still That is ‘‘the heart of our representa- If you had a statement in your case deserve real answers and a true commitment tive democracy,’’ the ACLU says. file, Mr. Speaker, that criticized how to preserving their First Amendment rights. ‘‘The proposed rule’’—that is the ad- this country is being run, you were H.R. 3865 is critical to working to regain the ministration’s rule; that is the rule we subject to special scrutiny. trust of Americans and preventing the Admin- are here today to stop—‘‘threatens to Mr. Speaker, that is not just our istration from codifying the IRS’s unacceptable discourage or sterilize an enormous right, that is our obligation. Our obli- and discriminatory targeting. amount of political discourse in Amer- gation as citizens is to criticize the Mr. Speaker, Americans deserve more than ica.’’ way this country is being run when we opaque and hurried rule changes meant to Mr. Speaker, I have a chart here don’t agree. Because, after all, Mr. crush political discourse. At the very least, the today. It lists what tax-exempt organi- Speaker, the President doesn’t run this Administration should commit to having all the zations are able to do. A 501(c) is that country. The Congress doesn’t run this facts from completed investigations before section of the Tax Code that deals with country. We the people run this coun- drastically changing the rules to suit its elec- tax-exempt organizations. try. tion year strategy. For that reason, I urge my You have 501(c)(3)’s that are able to This rule to bring this bill is about colleagues to join me in fighting the IRS’s con- do get-out-the-vote work, voter reg- one thing and one thing only, and that tinued attempts to stifle free speech by sup- istration work, and candidate forums. is making sure that those people to porting H.R. 3865. 501(c)(4)’s are where the administration whom the Constitution invests every Mr. LEWIS. Mr. Speaker, I rise in strong op- is regulating, and that is the source of bit of power that the country has to position to H.R. 3865. the scandal: the targeting of American offer, the American citizens have a For years, Congress demanded action on citizens based on their political beliefs. voice with which to express their con- this issue. In an independent report, the And 501(c)(5)’s are the labor unions in cerns and the information on which to Treasury Inspector General for Tax Adminis- the country. educate that voice. tration (TIGTA) told the IRS and Treasury to Mr. Speaker, what folks need to un- My colleague from Georgia was abso- remove the gray and give clear guidance re- derstand is that, as we sit here today, lutely right, Mr. Speaker. There are so garding the tax treatment of social welfare or- all of these groups can do get-out-the- many things that happen on the floor ganizations. vote work. All can do voter registra- of this House, you can’t tell the dif- There were dramatic hearings, and the pub- tion work and candidate forums. Why? ference between who is who regionally, lic demanded clear, fair rules. Members of this Because it advances our Republic. It politically, and what it is that folks be- Congress from both sides of the aisle agreed advances the cause of freedom and dis- lieve. But this issue is one of those de- that the IRS should implement all nine of the course in America. fining issues. TIGTA recommendations.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1958 CONGRESSIONAL RECORD — HOUSE February 26, 2014 This is just what the IRS and Treasury did. with a $5,000 fine and up to 5 years in prison. merely a procedural vote. A vote against or- They are taking their time, and trying to do the In fact, the Treasury Inspector General noted dering the previous question is a vote right thing—once and for all. The IRS already at least eight instances of unauthorized ac- against the Republican majority agenda and a vote to allow the Democratic minority to received 23,000 comments on the proposed cess to records, with at least one willful viola- offer an alternative plan. It is a vote about rulemaking—23 thousand, Mr. Speaker. tion. what the House should be debating. And today, not even eight months later, this These are serious abuses but to date, not a Mr. Clarence Cannon’s Precedents of the body is trying to tear down long overdue single IRS employee has been indicted. The House of Representatives (VI, 308–311), de- progress and restart the clock at square one. FBI has refused to file criminal charges. The scribes the vote on the previous question on So, you can see why I oppose bringing this bill Washington Post has reported that the inves- the rule as ‘‘a motion to direct or control the tigation into this scandal is being led by Bar- consideration of the subject before the House to the Floor today. It makes no sense, no being made by the Member in charge.’’ To sense at all. bara Bosserman, a partisan who ‘donated a defeat the previous question is to give the Mr. Speaker, Members of Congress can be combined $6,750 to President Obama’s elec- opposition a chance to decide the subject be- constructive, supportive, and effective. In- tions and the Democratic National Committee fore the House. Cannon cites the Speaker’s stead, this bill returns to the old tradition of no, between 2004 and 2012.’ Furthermore, she ruling of January 13, 1920, to the effect that by any means necessary. does not serve in the Public Integrity Section ‘‘the refusal of the House to sustain the de- I urge each and every one of my colleagues that typically oversees these matters, but rath- mand for the previous question passes the er the Civil Rights Division, historically the control of the resolution to the opposition’’ to oppose this unnecessary bill. in order to offer an amendment. On March Mr. POSEY. Mr. Speaker, today the House most partisan office at the Department of Jus- 15, 1909, a member of the majority party of- will vote on H.R. 3865 the Stop Targeting of tice. fered a rule resolution. The House defeated Political Beliefs by the IRS Act, legislation to This week I am joined by nearly fifty of my the previous question and a member of the prevent the IRS from implementing newly pro- House colleagues in writing to the Attorney opposition rose to a parliamentary inquiry, posed rules to restrict the First Amendment General demanding the appointment of an asking who was entitled to recognition. rights of certain non-profit groups. This legisla- independent special prosecutor to investigate Speaker Joseph G. Cannon (R-Illinois) said: ‘‘The previous question having been refused, tion is an important step in holding the IRS ac- the IRS’s illegal targeting of conservative groups. Only an independent investigator who the gentleman from New York, Mr. Fitz- countable for its illegal targeting of conserv- gerald, who had asked the gentleman to ative organizations in the run-up to the 2012 is not aligned with either political party will yield to him for an amendment, is entitled to election. have the credibility to get to the bottom of this the first recognition.’’ Last year it was revealed by the Treasury matter and hold wrong-doers accountable— The Republican majority may say ‘‘the Inspector General for Tax Administration that whoever they may be. vote on the previous question is simply a I have also introduced H.R. 3762 which vote on whether to proceed to an immediate the IRS used inappropriate criteria to review vote on adopting the resolution . . . [and] organizations applying for tax-exempt status would hold federal employees at the IRS per- sonally accountable when they release private has no substantive legislative or policy im- based upon their names and policy positions. plications whatsoever.’’ But that is not what Now the IRS wants to rewrite the rules to jus- taxpayer information. Under this bill, individ- they have always said. Listen to the Repub- tify its inappropriate and likely criminal behav- uals whose private information is released lican Leadership Manual on the Legislative ior. Congress should not let the IRS take ANY would have a personal right of action against Process in the United States House of Rep- regulatory action until wrong-doers within the the employee rather than simply hoping that resentatives, (6th edition, page 135). Here’s how the Republicans describe the previous IRS are held accountable. the Department of Justice will take action. The material previously referred to question vote in their own manual: ‘‘Al- In April, top IRS official Lois Lerner revealed by Mr. POLIS is as follows: though it is generally not possible to amend in a public forum that the agency had been the rule because the majority Member con- AN AMENDMENT TO H. RES. 487 OFFERED BY discriminating against more than 75 groups trolling the time will not yield for the pur- MR. POLIS OF COLORADO with conservative sounding names in the run- pose of offering an amendment, the same re- At the end of the resolution, add the fol- sult may be achieved by voting down the pre- up to November 2012. Ms. Lerner actually lowing new sections: went so far as to plant a question in the audi- vious question on the rule . . . When the mo- SEC. 4. Immediately upon adoption of this tion for the previous question is defeated, ence about the issue in order to pre-empt the resolution the Speaker shall, pursuant to control of the time passes to the Member release of the Inspector General’s audit. clause 2(b) of rule XVIII, declare the House who led the opposition to ordering the pre- When all this became public, Members of resolved into the Committee of the Whole vious question. That Member, because he the Administration including the President and House on the state of the Union for consider- then controls the time, may offer an amend- the Attorney General expressed their outrage ation of the bill (H.R. 1010) to provide for an ment to the rule, or yield for the purpose of increase in the Federal minimum wage. The amendment.’’ and called it unacceptable. The Attorney Gen- first reading of the bill shall be dispensed eral even went so far as to declare his intent In Deschler’s Procedure in the U.S. House with. All points of order against consider- of Representatives, the subchapter titled to conduct a criminal investigation. ation of the bill are waived. General debate ‘‘Amending Special Rules’’ states: ‘‘a refusal Furthermore, it’s clear from testimony given shall be confined to the bill and shall not ex- to order the previous question on such a rule during the various Congressional hearings ceed one hour equally divided and controlled [a special rule reported from the Committee over the years and correspondence with the by the chair and ranking minority member on Rules] opens the resolution to amend- IRS that officials there were not telling Mem- of the Committee on Education and the ment and further debate.’’ (Chapter 21, sec- Workforce. After general debate the bill bers of Congress the truth. In March of tion 21.2) Section 21.3 continues: ‘‘Upon re- shall be considered for amendment under the jection of the motion for the previous ques- 2012—a year before this story broke—then- five-minute rule. All points of order against IRS Commissioner Douglas Shulman assured tion on a resolution reported from the Com- provisions in the bill are waived. At the con- mittee on Rules, control shifts to the Mem- Congress: ‘there is no targeting of conserv- clusion of consideration of the bill for ber leading the opposition to the previous ative groups.’ On April 23, 2012, I joined with amendment the Committee shall rise and re- question, who may offer a proper amendment 62 of my House colleagues in writing the IRS port the bill to the House with such amend- or motion and who controls the time for de- Commissioner inquiring further about the pos- ments as may have been adopted. The pre- bate thereon.’’ sible targeting and we were assured that there vious question shall be considered as ordered Clearly, the vote on the previous question on the bill and amendments thereto to final was no targeting or delay in processing IRS on a rule does have substantive policy impli- passage without intervening motion except cations. It is one of the only available tools applications submitted by conservative groups. one motion to recommit with or without in- for those who oppose the Republican major- Ms. Lerner, a longtime federal employee structions. If the Committee of the Whole ity’s agenda and allows those with alter- and senior IRS official, has since asserted her rises and reports that it has come to no reso- native views the opportunity to offer an al- Fifth Amendment Constitutional right by refus- lution on the bill, then on the next legisla- ternative plan. ing to testify before Congress and tell the tive day the House shall, immediately after Mr. WOODALL. With that, I yield American people exactly what the IRS was the third daily order of business under clause back the balance of my time, and I doing and who had ordered these discrimina- 1 of rule XIV, resolve into the Committee of the Whole for further consideration of the move the previous question on the res- tory actions. bill. olution. To make matters worse, it was further re- SEC. 5. Clause 1(c) of rule XIX shall not The SPEAKER pro tempore. The vealed that IRS employees released confiden- apply to the consideration of H.R. 1010. question is on ordering the previous tial donor information and even private tax- THE VOTE ON THE PREVIOUS QUESTION: WHAT IT question. payer records. Disclosing confidential taxpayer REALLY MEANS The question was taken; and the information is one of the worst things an IRS This vote, the vote on whether to order the Speaker pro tempore announced that employee can do—it’s a felony, punishable previous question on a special rule, is not the ayes appeared to have it.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1959 Mr. POLIS. Mr. Speaker, on that I Bishop (GA) Hanabusa Owens RECORDED VOTE demand the yeas and nays. Bishop (NY) Hastings (FL) Pallone Mr. POLIS. Mr. Speaker, I demand a Bonamici Heck (WA) Pascrell The yeas and nays were ordered. Brady (PA) Higgins Payne recorded vote. The SPEAKER pro tempore. Pursu- Braley (IA) Himes Pelosi A recorded vote was ordered. Brown (FL) Hinojosa Perlmutter The SPEAKER pro tempore. This is a ant to clause 8 and clause 9 of rule XX, Brownley (CA) Holt Peters (CA) 5-minute vote. this 15-minute vote on ordering the Bustos Honda Peters (MI) previous question will be followed by 5- Butterfield Horsford Peterson The vote was taken by electronic de- minute votes on adopting the resolu- Capps Hoyer Pingree (ME) vice, and there were—ayes 231, noes 185, Capuano Huffman tion, if ordered, and suspending the Pocan not voting 14, as follows: Ca´ rdenas Israel Polis rules and passing H.R. 1944. Carney Jackson Lee Price (NC) [Roll No. 66] The vote was taken by electronic de- Carson (IN) Jeffries Quigley AYES—231 Cartwright Johnson (GA) Rahall vice, and there were—yeas 224, nays Aderholt Graves (MO) Perry Castor (FL) Johnson, E. B. Rangel Amash Griffin (AR) Peters (CA) 192, not voting 14, as follows: Castro (TX) Kaptur Richmond Amodei Griffith (VA) Peterson Chu Keating Roybal-Allard [Roll No. 65] Bachmann Grimm Petri Cicilline Kelly (IL) Ruiz Bachus Guthrie Pittenger YEAS—224 Clark (MA) Kennedy Ruppersberger Clarke (NY) Kildee Barber Hall Pitts Aderholt Graves (MO) Pearce Ryan (OH) Clay Kilmer Barletta Hanna Poe (TX) Amash Griffin (AR) Perry Sa´ nchez, Linda Cleaver Kind Barr Harper Amodei Griffith (VA) Petri T. Pompeo Clyburn Kirkpatrick Barton Harris Bachmann Grimm Pittenger Sanchez, Loretta Posey Cohen Kuster Benishek Hartzler Bachus Guthrie Pitts Sarbanes Price (GA) Connolly Langevin Bentivolio Hastings (WA) Barletta Hall Poe (TX) Schakowsky Reed Conyers Larsen (WA) Bilirakis Heck (NV) Barr Hanna Pompeo Schiff Reichert Cooper Larson (CT) Bishop (UT) Hensarling Barton Harper Price (GA) Schneider Renacci Costa Lee (CA) Black Herrera Beutler Benishek Harris Reed Schrader Ribble Courtney Levin Blackburn Holding Bentivolio Hartzler Reichert Schwartz Rice (SC) Crowley Lewis Boustany Hudson Bilirakis Hastings (WA) Renacci Scott (VA) Rigell Cuellar Lipinski Brady (TX) Huelskamp Bishop (UT) Heck (NV) Ribble Roby Cummings Loebsack Scott, David Bridenstine Huizenga (MI) Black Hensarling Rice (SC) Rogers (AL) Davis (CA) Lofgren Serrano Brooks (AL) Hultgren Blackburn Herrera Beutler Rigell Rogers (KY) Davis, Danny Lowenthal Sewell (AL) Brooks (IN) Hunter Boustany Holding Roby Rogers (MI) DeFazio Lowey Shea-Porter Broun (GA) Hurt Brady (TX) Hudson Roe (TN) Rohrabacher DeGette Lujan Grisham Sherman Buchanan Issa Bridenstine Huelskamp Rogers (AL) Rokita Delaney (NM) Sinema Bucshon Jenkins Brooks (AL) Huizenga (MI) Rogers (KY) Rooney DeLauro Luja´ n, Ben Ray Sires Burgess Johnson (OH) Broun (GA) Hultgren Rogers (MI) Ros-Lehtinen DelBene (NM) Slaughter Byrne Johnson, Sam Buchanan Hunter Rohrabacher Roskam Deutch Lynch Smith (WA) Calvert Jones Bucshon Hurt Rokita Dingell Maffei Speier Camp Jordan Ross Burgess Issa Rooney Doggett Maloney, Swalwell (CA) Campbell Joyce Rothfus Byrne Jenkins Ros-Lehtinen Doyle Carolyn Takano Cantor Kelly (PA) Royce Calvert Johnson (OH) Roskam Edwards Maloney, Sean Thompson (CA) Capito King (IA) Runyan Camp Johnson, Sam Ross Engel Matheson Thompson (MS) Carter King (NY) Ryan (WI) Campbell Jones Rothfus Enyart Matsui Tierney Cassidy Kingston Salmon Capito Jordan Royce Eshoo McDermott Titus Chabot Kinzinger (IL) Sanford Carter Joyce Runyan Esty McGovern Tonko Chaffetz Kline Scalise Cassidy Kelly (PA) Ryan (WI) Farr McIntyre Tsongas Coble Labrador Schock Chabot King (IA) Salmon Fattah McNerney Van Hollen Coffman LaMalfa Schweikert Chaffetz King (NY) Sanford Foster Meeks Vargas Cole Lamborn Scott, Austin Coble Kingston Scalise Frankel (FL) Meng Veasey Collins (GA) Lance Sensenbrenner Coffman Kinzinger (IL) Schock Fudge Michaud Vela Collins (NY) Lankford Sessions Cole Kline Schweikert Gabbard Miller, George Vela´ zquez Conaway Latham Shimkus Collins (GA) Labrador Scott, Austin Gallego Moore Visclosky Cook Latta Shuster Collins (NY) LaMalfa Sensenbrenner Garamendi Moran Walz Cotton LoBiondo Simpson Conaway Lamborn Sessions Garcia Murphy (FL) Wasserman Cramer Long Smith (MO) Cook Lance Shimkus Grayson Nadler Schultz Crawford Lucas Smith (NE) Cotton Lankford Shuster Green, Al Napolitano Waters Crenshaw Luetkemeyer Cramer Latham Simpson Smith (NJ) Green, Gene Neal Waxman Culberson Lummis Crawford Latta Smith (MO) Smith (TX) Grijalva Negrete McLeod Welch Daines Marchant Crenshaw LoBiondo Smith (NE) Southerland Gutie´rrez Nolan Wilson (FL) Davis, Rodney Marino Culberson Long Smith (NJ) Stewart Hahn O’Rourke Yarmuth Denham Massie Stivers Daines Lucas Smith (TX) Dent McAllister Denham Luetkemeyer Southerland NOT VOTING—14 Stockman DeSantis McCarthy (CA) Stutzman Dent Lummis Stewart DesJarlais McCaul Blumenauer Ellison Pastor (AZ) Terry DeSantis Marchant Stivers Diaz-Balart McClintock Brooks (IN) Gosar Posey Thompson (PA) DesJarlais Marino Stockman Duffy McHenry Cantor McCarthy (NY) Rush Thornberry Diaz-Balart Massie Stutzman Duncan (SC) McIntyre Davis, Rodney McCollum Tiberi Tipton Duffy McAllister Terry Duncan (TN) McKeon Duckworth Miller, Gary Turner Duncan (SC) McCarthy (CA) Thompson (PA) Ellmers McKinley Duncan (TN) McCaul Thornberry Farenthold McMorris Upton Ellmers McClintock Tipton b 1411 Fincher Rodgers Valadao Farenthold McHenry Turner Wagner Ms. KUSTER and Messrs. CICILLINE Fitzpatrick Meadows Fincher McKeon Upton Fleischmann Meehan Walberg Fitzpatrick McKinley Valadao and KENNEDY changed their vote Fleming Messer Walden Fleischmann McMorris Wagner from ‘‘yea’’ to ‘‘nay.’’ Flores Mica Walorski Fleming Rodgers Walberg Messrs. RIGELL and BROOKS of Ala- Forbes Miller (FL) Weber (TX) Flores Meadows Walden Fortenberry Miller (MI) Webster (FL) Forbes Meehan Walorski bama changed their vote from ‘‘nay’’ to Foxx Mullin Wenstrup Fortenberry Messer Weber (TX) yea.’’ Franks (AZ) Mulvaney Westmoreland Foxx Mica Webster (FL) So the previous question was ordered. Frelinghuysen Murphy (FL) Whitfield Franks (AZ) Miller (FL) Wenstrup The result of the vote was announced Gardner Murphy (PA) Williams Frelinghuysen Miller (MI) Westmoreland Garrett Neugebauer Wilson (SC) Gardner Mullin Whitfield as above recorded. Gerlach Noem Wittman Garrett Mulvaney Williams Stated for: Gibbs Nugent Wolf Gerlach Murphy (PA) Wilson (SC) Mr. RODNEY DAVIS of Illinois. Mr. Speak- Gibson Nunes Womack Gibbs Neugebauer Wittman Gingrey (GA) Nunnelee Woodall Gibson Noem Wolf er, on rollcall No. 65 I was meeting with a Gohmert Olson Yoder Gingrey (GA) Nugent Womack local official, Mayor Chris Koos, and missed Goodlatte Palazzo Yoho Gohmert Nunes Woodall the time to cast my vote. Had I been present, Gowdy Paulsen Young (AK) Goodlatte Nunnelee Yoder Granger Pearce Young (IN) Gowdy Olson Yoho I would have voted ‘‘yes.’’ Granger Palazzo Young (AK) The SPEAKER pro tempore. The NOES—185 Graves (GA) Paulsen Young (IN) question is on the resolution. Barrow (GA) Bera (CA) Brady (PA) NAYS—192 The question was taken; and the Bass Bishop (GA) Braley (IA) Speaker pro tempore announced that Beatty Bishop (NY) Brown (FL) Barber Bass Becerra Becerra Bonamici Brownley (CA) Barrow (GA) Beatty Bera (CA) the ayes appeared to have it.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1960 CONGRESSIONAL RECORD — HOUSE February 26, 2014 Bustos Hinojosa Payne The vote was taken by electronic de- Royce Simpson Veasey Butterfield Holt Pelosi vice, and there were—yeas 353, nays 65, Ruiz Sinema Vela Capps Honda Perlmutter Runyan Sires Vela´ zquez Capuano Horsford Peters (MI) not voting 12, as follows: Ruppersberger Smith (MO) Visclosky Carney Hoyer Ryan (OH) Smith (NE) Pingree (ME) [Roll No. 67] Wagner Carson (IN) Huffman Pocan Ryan (WI) Smith (NJ) Walberg Cartwright Israel Polis YEAS—353 Salmon Smith (TX) Walden ´ Castor (FL) Jackson Lee Price (NC) Sanchez, Linda Smith (WA) Walorski Castro (TX) Jeffries Aderholt Fattah Lipinski T. Southerland Quigley Walz Chu Johnson (GA) Amash Fincher LoBiondo Sanchez, Loretta Speier Rahall Waters Cicilline Johnson, E. B. Amodei Fitzpatrick Loebsack Rangel Sanford Stewart Clark (MA) Kaptur Bachmann Fleischmann Long Sarbanes Stivers Weber (TX) Richmond Clarke (NY) Keating Bachus Fleming Lucas Scalise Stockman Webster (FL) Roybal-Allard Clay Kelly (IL) Barber Flores Luetkemeyer Schiff Stutzman Wenstrup Ruiz Cleaver Kennedy Barletta Forbes Lujan Grisham Schneider Takano Whitfield Clyburn Kildee Ruppersberger Barr Fortenberry (NM) Schock Terry Williams Cohen Kilmer Ryan (OH) Barrow (GA) Foster Luja´ n, Ben Ray Schrader Thompson (CA) Wilson (FL) Connolly Kind Sa´ nchez, Linda Barton Foxx (NM) Schwartz Thompson (MS) Wilson (SC) Conyers Kirkpatrick T. Bass Franks (AZ) Lummis Schweikert Thompson (PA) Wittman Costa Kuster Sanchez, Loretta Beatty Frelinghuysen Lynch Scott, Austin Thornberry Wolf Courtney Langevin Sarbanes Benishek Fudge Maloney, Scott, David Tipton Womack Bentivolio Gabbard Carolyn Crowley Larsen (WA) Schakowsky Sensenbrenner Titus Woodall Bera (CA) Gallego Maloney, Sean Cuellar Larson (CT) Schiff Sessions Tonko Yarmuth Bilirakis Garamendi Marchant Cummings Lee (CA) Schneider Sewell (AL) Turner Yoder Davis (CA) Levin Schrader Bishop (GA) Garcia Marino Shea-Porter Upton Bishop (NY) Gardner Massie Yoho Davis, Danny Lewis Schwartz Sherman Valadao Young (AK) DeFazio Lipinski Bishop (UT) Garrett Matheson Shimkus Scott (VA) Van Hollen Young (IN) DeGette Loebsack Scott, David Black Gerlach McAllister Shuster Vargas Delaney Lofgren Serrano Blackburn Gibbs McCarthy (CA) Bonamici Gibson McCaul NAYS—65 DeLauro Lowenthal Sewell (AL) Boustany Gingrey (GA) McClintock DelBene Lowey Shea-Porter Becerra Frankel (FL) Meng Brady (PA) Gohmert McHenry Deutch Lujan Grisham Sherman Bustos Grayson Miller, George Brady (TX) Goodlatte McIntyre Dingell (NM) Sinema Butterfield Grijalva Moran Doggett Luja´ n, Ben Ray Braley (IA) Gowdy McKeon Capuano Hastings (FL) Nadler Sires Bridenstine Granger McKinley Doyle (NM) Slaughter Cartwright Holt Neal Duckworth Lynch Brooks (AL) Graves (GA) McMorris Castor (FL) Huffman O’Rourke Smith (WA) Brooks (IN) Graves (MO) Rodgers Edwards Maffei Speier Chu Jeffries Pelosi Engel Maloney, Broun (GA) Green, Al McNerney Swalwell (CA) Cicilline Johnson (GA) Pingree (ME) Enyart Carolyn Brown (FL) Green, Gene Meadows Clark (MA) Keating Pocan Takano Eshoo Maloney, Sean Brownley (CA) Griffin (AR) Meehan Clarke (NY) Kennedy Richmond Thompson (CA) Esty Matheson Buchanan Griffith (VA) Messer Cleaver Kildee Roybal-Allard Thompson (MS) Farr Matsui Bucshon Grimm Mica Cohen Lee (CA) Schakowsky Tierney Fattah McDermott Burgess Guthrie Miller (FL) Connolly Levin Scott (VA) Titus Foster McGovern Byrne Gutie´rrez Miller (MI) Conyers Lewis Serrano Frankel (FL) McNerney Tonko Calvert Hahn Moore Cooper Lofgren Slaughter Fudge Meeks Tsongas Camp Hall Mullin Crowley Lowenthal Swalwell (CA) Gabbard Meng Van Hollen Campbell Hanabusa Mulvaney Cummings Lowey Tierney Gallego Michaud Vargas Cantor Hanna Murphy (FL) DeGette Maffei Tsongas Garamendi Miller, George Veasey Capito Harper Murphy (PA) Dingell Matsui Wasserman Garcia Moore Vela Capps Harris Napolitano Edwards McDermott Schultz Grayson Moran Vela´ zquez Ca´ rdenas Hartzler Negrete McLeod Engel McGovern Waxman Green, Al Nadler Visclosky Carney Hastings (WA) Neugebauer Farr Meeks Welch Green, Gene Napolitano Walz Carson (IN) Heck (NV) Noem Grijalva Neal Wasserman Carter Heck (WA) Nolan NOT VOTING—12 Hahn Negrete McLeod Schultz Cassidy Hensarling Nugent Blumenauer McCarthy (NY) Pastor (AZ) Hanabusa Nolan Waters Castro (TX) Herrera Beutler Nunes Ellison McCollum Rush Hastings (FL) O’Rourke Waxman Chabot Higgins Nunnelee Gosar Michaud Tiberi Heck (WA) Owens Welch Chaffetz Himes Olson Hudson Miller, Gary Westmoreland Higgins Pallone Wilson (FL) Clay Hinojosa Owens Himes Pascrell Yarmuth Clyburn Holding Palazzo b 1429 Coble Honda Pallone NOT VOTING—14 Coffman Horsford Pascrell So (two-thirds being in the affirma- Blumenauer Graves (GA) Pastor (AZ) Cole Hoyer Paulsen tive) the rules were suspended and the Collins (GA) Huelskamp Payne Ca´ rdenas Gutie´rrez Roe (TN) bill was passed. Collins (NY) Huizenga (MI) Pearce Cooper McCarthy (NY) Rush The result of the vote was announced Conaway Hultgren Perlmutter Ellison McCollum Tiberi as above recorded. Gosar Miller, Gary Cook Hunter Perry Costa Hurt Peters (CA) A motion to reconsider was laid on Cotton Israel Peters (MI) the table. 1421 Courtney Issa Peterson b PERSONAL EXPLANATION Cramer Jackson Lee Petri So the resolution was agreed to. Crawford Jenkins Pittenger Mr. COOPER. Mr. Speaker, I unintentionally The result of the vote was announced Crenshaw Johnson (OH) Pitts missed rollcall vote No. 66 and cast an incor- as above recorded. Cuellar Johnson, E. B. Poe (TX) rect vote for rollcall vote No. 67 on Wednes- A motion to reconsider was laid on Culberson Johnson, Sam Polis Daines Jones Pompeo day, February 26, 2014. I would like to correct the table. Davis (CA) Jordan Posey my error and ask that the record reflect the Davis, Danny Joyce Price (GA) following: on H. Res. 487, rollcall vote No. 66, f Davis, Rodney Kaptur Price (NC) I should have voted ‘‘no;’’ on H.R. 1944, roll- DeFazio Kelly (IL) Quigley call vote No. 67, I should have voted ‘‘aye.’’ PRIVATE PROPERTY RIGHTS Delaney Kelly (PA) Rahall DeLauro Kilmer Rangel f PROTECTION ACT OF 2013 DelBene Kind Reed Denham King (IA) Reichert b 1430 The SPEAKER pro tempore. The un- Dent King (NY) Renacci finished business is the vote on the mo- DeSantis Kingston Ribble STOP TARGETING OF POLITICAL tion to suspend the rules and pass the DesJarlais Kinzinger (IL) Rice (SC) BELIEFS BY THE IRS ACT OF 2014 bill (H.R. 1944) to protect private prop- Deutch Kirkpatrick Rigell Diaz-Balart Kline Roby Mr. CAMP. Mr. Speaker, pursuant to erty rights, on which the yeas and nays Doggett Kuster Roe (TN) House Resolution 487, I call up the bill were ordered. Doyle Labrador Rogers (AL) (H.R. 3865) to prohibit the Internal The Clerk read the title of the bill. Duckworth LaMalfa Rogers (KY) Revenue Service from modifying the Duffy Lamborn Rogers (MI) The SPEAKER pro tempore. The Duncan (SC) Lance Rohrabacher standard for determining whether an question is on the motion offered by Duncan (TN) Langevin Rokita organization is operated exclusively for the gentleman from Virginia (Mr. Ellmers Lankford Rooney the promotion of social welfare for pur- GOODLATTE) that the House suspend Enyart Larsen (WA) Ros-Lehtinen poses of section 501(c)(4) of the Internal Eshoo Larson (CT) Roskam the rules and pass the bill. Esty Latham Ross Revenue Code of 1986, and ask for its This will be a 5-minute vote. Farenthold Latta Rothfus immediate consideration.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1961 The Clerk read the title of the bill. 1986 which was created on, before, or after In addition to being based on a false The SPEAKER pro tempore (Mr. COL- the date of the enactment of this Act. premise, the proposed rule was drafted (d) SUNSET.—This section shall not apply LINS of Georgia). Pursuant to House in secrecy and long before the adminis- after the one-year period beginning on the Resolution 487, the amendment in the date of the enactment of this Act. tration’s proclaimed need for clarity. nature of a substitute recommended by Our investigation has discovered that The SPEAKER pro tempore. The gen- the Committee on Ways and Means, Treasury and the IRS were working on tleman from Michigan (Mr. CAMP) and printed in the bill, is adopted. The bill, the gentleman from Michigan (Mr. these new rules behind closed doors for as amended, is considered read. years—well before the targeting came LEVIN) each will control 30 minutes. The text of the bill, as amended, is as The Chair recognizes the gentleman to light. follows: from Michigan (Mr. CAMP). While the administration claims that H.R. 3865 the proposed rule is a response to the GENERAL LEAVE Be it enacted by the Senate and House of Rep- Mr. CAMP. Mr. Speaker, I ask unani- inspector general’s audit report, IRS resentatives of the United States of America in mous consent that all Members have 5 employees told committee staff in Congress assembled, legislative days in which to revise and transcribed interviews that discussions SECTION 1. SHORT TITLE. extend their remarks and to include ex- about the rule started much earlier, in This Act may be cited as the ‘‘Stop Tar- traneous material on H.R. 3865. the spring of 2011. Further, a June 2012 geting of Political Beliefs by the IRS Act of email between Treasury officials and 2014’’. The SPEAKER pro tempore. Is there objection to the request of the gen- then-IRS director of tax exempt orga- SEC. 2. APPLICABLE STANDARD FOR DETER- nizations, Lois Lerner, shows that MINATIONS OF WHETHER AN ORGA- tleman from Michigan? NIZATION IS OPERATED EXCLU- There was no objection. these potential regulations were being SIVELY FOR THE PROMOTION OF SO- Mr. CAMP. Mr. Speaker, I yield my- discussed off plan—meaning that the CIAL WELFARE. self such time as I may consume. plans for the regulations were to be (a) IN GENERAL.—The standard and defini- Mr. Speaker, I rise today in support discussed behind closed doors. This tions as in effect on January 1, 2010, which of H.R. 3865, the Stop Targeting of Po- type of behavior raises serious ques- are used to determine whether an organiza- tion is operated exclusively for the pro- litical Beliefs by the IRS Act of 2014, to tions about the integrity of the rule- motion of social welfare for purposes of sec- stop the IRS and Treasury from re- making process and counsels for put- tion 501(c)(4) of the Internal Revenue Code of stricting free speech activities of social ting a hold on the draft rules. 1986 shall apply for purposes of determining welfare organizations that have been in The intent of the rules proposed by the status of organizations under section place for over 50 years. the Obama administration is clear: to 501(c)(4) of the Internal Revenue Code of 1986 Last May, we learned that the IRS legalize the IRS’ inappropriate tar- after the date of the enactment of this Act. targeted conservative groups seeking geting of conservative groups. These (b) PROHIBITION ON MODIFICATION OF STAND- tax-exempt status. For over 9 months, proposed rules severely limit groups’ ARD.—The Secretary of the Treasury may committee investigators have reviewed rights to engage in public debate by la- not issue, revise, or finalize any regulation hundreds of thousands of internal IRS (including the proposed regulations pub- beling activities such as candidate fo- lished at 78 Fed. Reg. 71535 (November 29, documents and interviewed IRS offi- rums, get-out-the-vote efforts, and 2013)), revenue ruling, or other guidance not cials regarding the targeting. Our in- voter registration as ‘‘political activ- limited to a particular taxpayer relating to vestigation is not yet over, and the ity’’ for 501(c)(4) groups. However, the standard and definitions specified in sub- Ways and Means Committee continues 501(c)(3)’s—which are not allowed to en- section (a). to wait for the IRS to turn over Lois gage in my political activity—and (c) APPLICATION TO ORGANIZATIONS.—Ex- Lerner’s emails. Despite the ongoing labor unions are free to continue to en- cept as provided in subsection (d), this sec- investigations both in Congress and by gage in these activities without limita- tion shall apply with respect to any organi- the inspector general, last November zation claiming tax exempt status under sec- tion. tion 501(c)(4) of the Internal Revenue Code of Treasury rushed forward with proposed It is clear that the American people 1986 which was created on, before, or after new regulations to stifle 501(c)(4) are also concerned that these proposed the date of the enactment of this Act. groups, upending rules that have been rules would squash their First Amend- (d) SUNSET.—This section shall not apply in place for over half a century. ment rights. Treasury has received after the one-year period beginning on the Under the proposed rule, social wel- over 94,000 comments on the rule so far, date of the enactment of this Act. fare organizations would face addi- which is the most they have ever re- SECTION 1. SHORT TITLE. tional, unprecedented scrutiny for en- ceived on any rule ever. Given the This Act may be cited as the ‘‘Stop Tar- gaging in the most basic nonpartisan American public’s significant interest geting of Political Beliefs by the IRS Act of political activity, such as organizing in the proposed rules, it is imperative 2014’’. nonpartisan get-out-the-vote drives, SEC. 2. APPLICABLE STANDARD FOR DETER- that Treasury put a hold on them until MINATIONS OF WHETHER AN ORGA- registering voters, or hosting candidate the investigations into the targeting NIZATION IS OPERATED EXCLU- forums in their neighborhood. If the are complete so that all the facts are SIVELY FOR THE PROMOTION OF SO- Treasury Department and the IRS have known and the public has ample oppor- CIAL WELFARE. their way, these sorts of activities tunity to be heard. (a) IN GENERAL.—The standard and defini- would jeopardize the tax-exempt status tions as in effect on January 1, 2010, which This legislation will ensure that are used to determine whether an organiza- of social welfare organizations. Treasury does not rush this rule into tion is operated exclusively for the pro- Making matters worse, the adminis- effect this year, allows the ongoing in- motion of social welfare for purposes of sec- tration is pushing the proposed rule vestigations to issue findings on the tion 501(c)(4) of the Internal Revenue Code of based on a false premise. Treasury targeting, helps us to stop the IRS’ tar- 1986 shall apply for purposes of determining issued these rules under the premise of geting of taxpayers based on their per- the status of organizations under section ‘‘considerable confusion’’ in the tax-ex- sonal beliefs, and is a commonsense 501(c)(4) of the Internal Revenue Code of 1986 empt application process. They use the step to preserve these groups’ ability after the date of the enactment of this Act. term considerable confusion to justify to engage in public debate. (b) PROHIBITION ON MODIFICATION OF STAND- their actions. However, the commit- ARD.—The Secretary of the Treasury may I urge my colleagues to join me in not (nor may any delegate of such Secretary) tee’s investigation has found no evi- voting ‘‘yes’’ to this legislation. issue, revise, or finalize any regulation (in- dence that confusion caused the IRS to I reserve the balance of my time. cluding the proposed regulations published systematically target conservative Mr. Speaker, I ask unanimous con- at 78 Fed. Reg. 71535 (November 29, 2013)), groups. In fact, we found evidence to sent that the gentleman from Lou- revenue ruling, or other guidance not limited the contrary, that IRS workers in Cin- isiana (Mr. BOUSTANY) control the re- to a particular taxpayer relating to the cinnati flagged Tea Party cases for mainder of my time. standard and definitions specified in sub- Washington, D.C., because of ‘‘media The SPEAKER pro tempore. Is there section (a). attention.’’ Before Washington got in- objection to the request of the gen- (c) APPLICATION TO ORGANIZATIONS.—Ex- cept as provided in subsection (d), this sec- volved, front-line IRS employees were tleman from Michigan? tion shall apply with respect to any organi- already processing and approving Tea There was no objection. zation claiming tax exempt status under sec- Party applications with no intrusive Mr. LEVIN. Mr. Speaker, I yield my- tion 501(c)(4) of the Internal Revenue Code of questionnaires or signs of confusion. self such time as I may consume.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1962 CONGRESSIONAL RECORD — HOUSE February 26, 2014 On a day when the chairman of the In 2006, $1 million was spent by (c)(4) There was no objection. Ways and Means Committee, Mr. CAMP, organizations. In 2010, $92 million was Mr. BOUSTANY. Mr. Speaker, I yield is unveiling a tax measure that re- spent. In 2012, $256 million has been myself such time as I may consume. quires serious bipartisanship to be suc- spent by (c)(4) organizations. I want to take a moment just to re- cessful, we are here on the floor consid- The (c)(4) designation presently al- spond to some of the comments that ering a totally political bill in an at- lows organizations to keep their donors my friend on the other side made. tempt to resurrect an alleged scandal secret, hidden as to which individuals First of all, there are three ongoing that never existed. contributed, and that is exactly the se- investigations that are incomplete. Was there incompetence at the IRS crecy that the Republicans are trying There is the congressional investiga- in the processing of 501(c)(4) applica- to preserve. tion being conducted by multiple com- tions? Why? Because the three largest mittees, incomplete; there is the in- Yes—and I was among the very first spenders, representing fully 51 percent spector general investigation, still in- who said that those in supervision of the total, are a Who’s Who list of Re- complete and ongoing; and there is a should be held accountable. publican political operatives. third, a criminal investigation. Was there corruption, political inter- I ask, first off, the question: Why b 1445 ference, White House involvement, an start regulating now when we don’t enemies list, as the Republicans have It is indicated here: Crossroads GPS, have all the information? Let’s let all claimed since day one? Karl Rove, $71 million; Americans for this go to conclusion and then insti- Absolutely not; no evidence whatso- Prosperity, the Koch brothers, $36 mil- tute the proper reforms. ever. lion; and the American Future Fund, I want to point out that in its report Yesterday, the IRS Commissioner the Koch brothers again, $25 million. on targeting, the inspector general rec- confirmed that $8 million has been That is $132 million of the sky- ommended the Treasury and the IRS spent directly on those investigations rocketing $256 million that the Federal provide guidance on how to measure as over 255 people have spent over Election Commission had reported to political activity—not what con- 79,000 hours doing nothing but respond- it, according to the Center for Respon- stitutes political activity, how to ing to congressional investigations. An sive Politics. measure it. additional $6 million to $8 million has If you live in a targeted State and The proposed rule has been in devel- been spent to add capacity to informa- you turn on your television, you have opment since 2011. Internal IRS emails tion technology systems to process se- probably seen these groups at work dis- between Treasury and IRS show that curely the 500,000 pages of documents torting the Affordable Care Act. they were developing the rule off Congress has received. That is why we are here today, pure- plan—off plan. That means beyond the What have they learned? That both ly and simply, not because Republicans sunshine of disclosure and out in the progressive and conservative groups want to stand up for the rights of so- open—off plan. What do they have to were inappropriately screened out by cial welfare organizations—and they hide? Why are they doing this? And name and not activity, and that no one often talk about small ones—but to this is actually before all the allega- was involved in this outside of the IRS, preserve the secrecy around the Repub- tions came out. and that there was no political motiva- licans’ big campaign efforts. Then, when asked at the markup of tion involved. These are draft regulations that the H.R. 3865—this legislation—whether When the inspector general asked his Republicans themselves called for. the proposed rule answers the inspector chief investigator to look into the pos- Over 76,000 comments—and I think now general’s recommendation for the IRS sibility of political motivation by the more—have been received, and the and Treasury to provide guidance on IRS, that investigator concluded: comment period does not close until measuring political activity, Tom There was no indication that pulling these Friday. Barthold, the chief of staff of the Joint selected applications was politically moti- These regulations aren’t likely to Committee on Taxation, nonpartisan, vated. The email traffic indicated there were come out this year anyway with all unclear processing directions and the group said: The proposed rule does not ad- wanted to make sure they had guidance on these comments, so why this bill? Why dress the measurement issue. processing the applications so they pulled this bill? It is very, very clear, and it is All we are seeking to do is to delay them. This is a very important nuance. very simple. There is a problem with the implementation of this rule until Indeed, it is, and it is precisely that 501(c)(4)’s. The three organizations that we complete the investigation and we lack of clarity that the IRS was re- I mentioned that are involved as polit- have all the facts, and then we can talk sponding to in proposing new regula- ical operatives, in one form or another, about what necessary reforms should tions for 501(c)(4) organizations. New these are people who have donors no- be implemented. regulations that are designed to bring body knows. This is secret money. But I think it is a bit premature to certainty in determining whether an Why are we standing here and saying start putting forth regulations that organization’s primary activities are to the IRS: Don’t look at 502(c)(4)’s; will infringe on First Amendment political. don’t look at the possible massive rights. It is a very blunt instrument The regulations are among several abuse; don’t look at what has happened and a very dangerous path to embark steps the IG himself recommended in in the last few years where political upon at this point in time. his audit report that the IRS under- operatives, under the guise of 501(c)(4), With that, I am happy to yield 2 min- take, each of which the Republicans re- have moved from $1 million in many utes to the gentleman from Pennsyl- peatedly called for action on. cases to $256 million reported to the vania (Mr. KELLY), my friend, a mem- In a June 3, 2013, hearing before the FEC? ber of the Ways and Means Committee. House Appropriations Committee, Our constituents, Democrats and Re- Mr. KELLY of Pennsylvania. Mr. Chairman CRENSHAW told Acting IRS publicans, are offering their comments. Speaker, I rise in strong support of the Commissioner Danny Werfel: Some of them I agree with and they de- piece of legislation we are talking We’re going to insist that the IRS imple- serve to be read, but not to be shredded about. ment all nine of the recommendations in the at the hands of a November campaign I think it is rather chilling that 223 inspector general’s report. strategy by the Republican Party of years ago, our First Amendment rights A Republican member of the Ways this country and by the Republican were enshrined in our Bill of Rights. and Means Committee, Mr. ROSKAM, Conference of this House. We have all taken the same oath. We has a bill to implement all of the in- I reserve the balance of my time. said, to the best of our ability, we pre- spector general’s recommendations, in- Mr. Speaker, I ask unanimous con- serve, protect, and defend the Constitu- cluding implementing new 501(c)(4) reg- sent that the gentleman from New tion of the United States. I am hearing ulations. York (Mr. CROWLEY) control the bal- now dollar signs or dollar numbers Why is this important? Because ap- ance of the time. being there saying, well, we can’t af- plications for 501(c)(4) status have The SPEAKER pro tempore. Is there ford to spend this kind of money. nearly doubled between 2010 and 2012— objection to the request of the gen- Never before in America were we ever to 3,357, and spending has skyrocketed. tleman from Michigan? worried about the cost of money when

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1963 it comes to defending our freedoms and like the person who began these inves- workers for the health care offered by liberties under our Constitution and tigations was a self-described conserv- their employer. It will increase taxes our Bill of Rights. It has no dollar at- ative Republican; facts like more than on hundreds of thousands of our mili- tached to it. It is basically fundamen- 500,000 pages of documents have been tary families. It will institute the tally American. provided to Congress, and there is no chained CPI to raise taxes, and it is When we talk about American citi- smoking gun; facts like, of the five also known to reduce veterans’ and So- zens not being able to talk that way— dozen interviews of IRS employees at cial Security benefit checks. the First Amendment, by the way, pro- 15 congressional hearings, that nothing This really does beg the question: tects us and enshrines us, 45 words in was found. Whose side are our Republican col- the First Amendment that protect and These are the facts, but I realize leagues on? They try to look populist enshrine our rights. some will choose to not believe the by creating false and fake scandals and This is not a political issue. This is facts versus fiction. Let me provide bashing the IRS, but in reality, their not about an ‘‘R’’ or a ‘‘D.’’ This is some basic commonsense information. words and actions mask their bill to about a ‘‘we.’’ This is about the entire The inspector general who oversees empower the IRS and radically rede- country. If we are going to sit here and the IRS, someone who was appointed sign the Tax Code, making families pay say: Oh, no, this just has to do with an by then-President George W. Bush— more so international corporations can election—an election—really, an elec- someone who has admitted that he cov- pay less. tion?—we cannot allow the voice of the ered up political targeting of progres- That is the real scandal here this people not to be heard in our town sive groups in his report to Congress; afternoon, Mr. Speaker. squares. When they need to speak out, someone who had a number of private With that, I reserve the balance of they need to know that they can speak meetings with the Republican chair of my time. out without being threatened or with- the Oversight Committee, DARRELL Mr. BOUSTANY. Mr. Speaker, I yield out being worried about what is going ISSA, and then came out to issue public myself such time as I may consume. to happen to them. statements as facts—this someone, J. I welcome the opportunity to debate This is so basically who we are as Russell George, has testified under tax reform, but it is obvious to me that Americans. It has nothing to do with oath that he notified Congressman the gentleman hasn’t read the bill yet, Republicans and Democrats, Independ- DARRELL ISSA of his investigation into and I think you should read the bill be- ents and Libertarians. It has to do with the IRS in the summer of 2012. fore you debate tax reform. That will who we are. If we cannot see that and Do you know what else was hap- come on another day. we turn this into a political agenda and pening in the summer of 2012? A very But I want to get back to why we are talking points, then, my gosh, how far close Presidential election. here today. I want to point out that we have fallen from what the Founders Does anyone honestly think, if there this is a bipartisan IRS investigation intended at the very beginning. was an actual scandal or an actual tar- by Congress. I want to also point out, We cannot have this debate in seri- geting of just Tea Party groups by the in that regard, that the Ways and ousness and say we are spending too administration in the months and the Means Committee document requests much money to protect the rights of weeks leading up to the 2012 elections are bipartisan joint requests from our American citizens. That is abso- when Barack Obama was going to the Chairman CAMP and Ranking Member lutely foolish. ballot, that Congressman DARRELL LEVIN. Ranking Member LEVIN also ad- I am very, very strong on the protec- ISSA wouldn’t blow the whistle and ex- mits that the investigation is incom- tion of what we are talking about. H.R. pose it when he was notified that an in- plete. 3865 reconfirms what the American vestigation was ongoing and occurring? So we have to get down to the bot- people need to know. They can speak It just doesn’t pass the laugh test. tom of this and let this investigation out on anything, anytime, anywhere This is another phony scam in the be done. The American people deserve they want, without having to be wor- realm of phony scams my Republican to know what the truth is before we ried about anybody interfering with it, colleagues make up to go after Demo- start issuing new law or having new especially a government. cratic Presidents. regulations issued by the executive This is a government that serves the But what is also interesting is that, branch which will have the chilling ef- people; this is not a people that serve just as the Republicans continue their fect of infringing on First Amendment our government. And to think that we crusade to discredit the IRS, the Re- rights. One of the previous speakers on the have to have a piece of legislation in publicans have rallied around their other side mentioned the IRS spending addition to our First Amendment version of tax reform—I have a copy of money and manpower on this inves- rights on the floor is absolutely so dif- the summation right here; this is just tigation. Yes, the IRS also spent $40 ferent than what we think. the summation—a radical version that Again, the voice of the American peo- will empower—empower—the IRS. This million on conferences over the period ple has got to be heard. I don’t care— legislation that they are offering today of the targeting. conservative, liberal, I don’t care will empower the IRS and raise taxes b 1500 where you are coming from. You have on families while cutting them for One conference alone cost $4.1 mil- the right to speak out anytime you multinational corporations. lion—waste. In 2012, the IRS spent $21.6 want. For the past several years, the public million on union activity—taxpayer Mr. CROWLEY. Mr. Speaker, may I has been told that the Republicans dollars on union activity. Explain that inquire as to how much time is remain- would try to rip the Tax Code out from to the taxpayer. The IRS also spends ing on both sides, for housekeeping its roots and that it would be rewritten about $5 million annually on its full- purposes? by Democrats and Republicans to- service production studio in New The SPEAKER pro tempore. The gen- gether. Carrollton, Maryland. tleman from New York has 22 minutes Well, guess what. Democrats were The fact of the matter is that the remaining. The gentleman from Lou- never once invited to help draft, draft American people are tired of the waste. isiana has 211⁄2 minutes remaining. this bill. Speaker BOEHNER even dis- They are tired, and they are also very Mr. CROWLEY. Thank you, Mr. missed Democratic criticism of the concerned about the infringement on Speaker. process by saying, ‘‘Blah, blah, blah.’’ their First Amendment rights. Mr. Speaker, I yield myself such time So what is the result? A radical Re- With that, I am very pleased to yield as I may consume. publican tax plan that will, if enacted, 4 minutes to the gentleman from Ohio Mr. Speaker, we have all heard the end the tax break for families to de- (Mr. RENACCI). outrage and the innuendos from my duct their State and local income taxes Mr. RENACCI. Mr. Speaker, I rise Republican colleagues and their chief that they already paid in taxes to the today in support of H.R. 3865, the Stop mouthpiece, FOX News. The facts States and local governments. It will Targeting of Political Beliefs by the should show this is phony, a phony in- slash the mortgage interest deduction IRS Act. vestigation against President Obama for homeowners. It will create a new Last year, northeast Ohioans and launched for political purposes: facts tax on Social Security. It will tax Americans across the country were

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1964 CONGRESSIONAL RECORD — HOUSE February 26, 2014 deeply troubled to learn the IRS With that, Mr. Speaker, I yield 3 tleman from Virginia (Mr. CANTOR), abused its power by targeting conserv- minutes to the gentleman from Wash- the majority leader of the House. ative groups. Many in Ohio’s 16th Dis- ington State (Mr. MCDERMOTT). Mr. CANTOR. I thank the gentleman trict, my district, contacted my office (Mr. MCDERMOTT asked and was from Louisiana. to express grave concerns about the given permission to revise and extend Mr. Speaker, I rise today in support lack of accountability and trans- his remarks.) of the Stop Targeting of Political Be- parency within the IRS. Not only did Mr. MCDERMOTT. Mr. Speaker, here liefs by the IRS Act. the Federal agency violate the public we are back in the theater of the ab- Political speech was considered by trust, but it infringed on our First surd. The Republicans are wasting val- our Founders to be deserving of the ut- Amendment rights. uable time and resources on political most protection. The First Amendment The Ways and Means Committee theater, crafted to make the producers they wrote is no less crucial to our de- began investigating allegations of po- at FOX television happy while they mocracy today than it was in those ini- tential political discrimination within should be moving forward with the tial days. Since those days, Americans the IRS nearly 3 years ago. What was country’s business. have come up with all sorts of ways to discovered is disturbing. The com- There have been six separate inves- exercise their fundamental free speech mittee found evidence that conserv- tigations. Not a single shred of evi- rights, including assembling together ative groups were targeted to an extent dence has been found demonstrating in organizations to express their far beyond what was initially reported. political motivation or White House in- thoughts about what their government As part of its ongoing investigation, volvement in the IRS grouping of the is doing. the committee requested and reviewed tea party applications by name. Now, These groups, including those known hundreds of thousands of internal IRS one of my colleagues is a physician. He as 501(c)(4) organizations, are an impor- documents, and it interviewed dozens is from Louisiana. He has operated tant part of our democracy. Many of of its employees. many times. You do not begin surgery these groups are formed to specifically Recently, the IRS published draft until you know what is going on with engage and educate our citizenry rules that would essentially authorize the patient. We have six investigations through candidate forums, debates, the continued targeting of political which found no reason to operate, no grassroots lobbying, voter registration, groups. These rules represent a dis- reason to pass this legislation. Yet and other activities to promote the regard for liberties outlined in our Con- here it is. Ironically, the real trickery common good so America has an in- stitution, and they demonstrate the of this is this bill. It is designed to pro- formed public. dangers of a growing Federal Govern- tect Karl Rove’s Crossroads GPS and For over 50 years, these organiza- ment. The IRS’ actions bring to light the Koch Brothers of Houston from ex- tions have been eligible to apply for just how rampant abuse is within this posing where the money that they put tax-exempt status, but now, Mr. Speak- administration. The American people into the political process is being used. er, that status is under threat from will not tolerate it, and neither will Everyone knows what a 501(c)(4) is new regulations being proposed by the Congress. about. You give the money to the orga- IRS. The goal here is clear. These regu- This legislation is commonsense. It nizations. They don’t have to report would require the IRS to halt this rule- lations were reverse engineered in your name to anyone, and then the or- order to directly silence political oppo- making process until the committee ganizations can use it any way they completes its investigation. It is crit- nents of this administration’s. want. Now, if an organization goes to That is the worst kind of government ical that the committee gathers all the the IRS and says, ‘‘we want a 501(c)(4),’’ facts before the IRS implements these abuse. Silencing your critics is com- the IRS should ask a few questions, rules, which were created behind closed monplace in authoritarian countries, don’t you think, if they are going to doors. That is not political. That is not in the United States of America. give an exemption from the American just common sense. There should be no Frankly, it is a cowardly act to silence people, from those people paying the controversy at all. people via backroom regulations. This legislation builds upon a bill I taxes who put it in there? Karl Rove Those who disagree with any adminis- introduced last year which would spe- and all of his cohorts ought to pay tration’s policies, whether conservative cifically spell out that any IRS em- taxes if they are going to use it for the or liberal, still deserve the constitu- ployee, regardless of political affili- political process, and it is the IRS’ job tional protections afforded to them. ation, who targeted a taxpayer for po- to find that out. It is the same with This kind of government abuse must litical purposes could be immediately liberal groups. Any group that comes stop, and it must stop now. relieved of his duties. It passed the in has to explain what it is going to do Today, we have an opportunity to act House with broad bipartisan support. with the money. in a bipartisan manner because this This is not a partisan issue. Whether We have had six investigations, but bill prevents these costly regulations you are a Republican, a Democrat or now we have a bill without any conclu- from taking effect on groups that pro- an Independent, above all, we are sion from any committee or any inves- mote issues both sides of the aisle Americans. Targeting anyone based on tigation that there is a problem. The deeply care about. Nearly 70,000 com- any affiliation goes against the very floor of the House should not be the ments have been submitted about this principles this country was founded stage for the Republicans to work out proposed regulation from both sides or upon. Americans of all political beliefs their November election strategy and all sides of the ideological spectrum. deserve to know that they will not be funding. If Republicans really want to The majority of those submissions are targeted by their government for polit- work on behalf of the American people, negative. ical purposes. they should get serious and roll up Recently, the American Civil Lib- I thank Chairman CAMP for his hard their sleeves. The production tax credit erties Union submitted a 26-page com- work on this important legislation, and ought to pass out of here as a unani- ment to IRS Commissioner John I urge my colleagues to support it. mous consent. There are a thousand Koskinen, stating: Mr. CROWLEY. Mr. Speaker, I just things that ought to be happening here Social welfare organizations praise or want to remind the gentleman from today instead of this silly bill, which criticize candidates for public office on the Ohio that this tax bill, know as the will have no effect. It is not going issues, and they should be able to do so free- Tax Reform Act of 2014, which was through the Senate. The President ly, without fear of losing or being denied tax- made public today, will be a sucker isn’t going to sign it. It is simply polit- exempt status, even if doing so could influ- punch to the guts of families who live ical theater to give the directors at ence a citizen’s vote. in higher tax States, like Illinois, Wis- FOX TV things to put on television. The ACLU continued, stating that consin, Nebraska, New York, and Ohio. If you intend to do something real, the advocacy work done by these All of these States have representation you can, but this bill is not real. It is groups is ‘‘the heart of our representa- from the Republican Party on the simply to reignite the baseless allega- tive democracy.’’ Ways and Means Committee. They tions against the White House. The ACLU and so many others who helped to draft this legislation. The Mr. BOUSTANY. Mr. Speaker, I am have also spoken out in opposition to question is: Whose side are they on? pleased to yield 1 minute to the gen- this proposed regulation are absolutely

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1965 right. Political speech represents the Code under which these organizations essing the applications until inter- best part of America, the ability for are filing, they have no obligation to ference came down from Washington, Americans to be able to reach out to disclose who has given them one red from higher up in the Exempt Organi- their elected representatives and let cent. zations Division of the IRS. Employees them know when they agree or dis- That Tax Code section, 501(c)(4), is then flagged Tea Party applications agree with them. very similar to the 501(c)(3), the chari- and others because of what they said No matter which side of the aisle we table organization we are very familiar were ‘‘media interest,’’ not confusion. are on, Mr. Speaker, we must protect with. 501(c)(4)s are classified as ‘‘social Within 24 hours of the flagging for that fundamental freedom. So let us welfare organizations.’’ Guess what? media interest, these Washington, D.C., stand together today and pass this bill Do you know how much those social officials at the IRS requested Tea so that Americans, whether individ- welfare organizations spent doing cam- Party applications. ually or collectively, can continue to paign and political work in our elec- Unlike the IRS, the Committee on strengthen our political process with- tions? How much do you think the po- Ways and Means has been investigating out fear of retribution. litical campaigns spent, the Repub- this matter, and we have not com- I would like to thank Chairman CAMP lican National Committee and the pleted this investigation. But com- as well as subcommittee Chairman Democratic National Committee com- mittee investigators have interviewed BOUSTANY on the Ways and Means bined? $255 billion in the 2012 election. nearly three dozen IRS officials, from Committee and all of those across our That is what the two political parties frontline screeners to the former com- country who have spoken out on this spent together. How much did social missioner. We have reviewed hundreds issue, and I ask my colleagues to sup- welfare organizations spend on cam- of thousands of documents. It is near- port this bill. paign and political activity? More than ing completion, but this investigation Mr. CROWLEY. The only threat, Mr. the two political parties combined— is being held up. Speaker, to the freedoms of Americans $256 billion. Can you tell me where one A central figure in this investigation is not the bill we are discussing on the penny came from? No, you can’t, be- is Lois Lerner. We have not gotten the floor today but the bill that was an- cause it is all secret money. information that we have requested nounced this afternoon, the Tax Re- What are the proponents of this bill from Lois Lerner. We have put the form Act of 2014—the freedom of Amer- trying to do? They are trying to hide newly confirmed Commissioner on no- icans to purchase their first homes, the the names of those who gave the tice that if he wants to move forward freedom of Americans not to have at- money. Why? We don’t know. with reforms and do all the things he tacks placed on their health care. wants to do during his tenure at IRS, b 1515 Those are the types of freedoms that we have got to get this investigation are being threatened today. But it sure would be nice to know done. We have to get the facts on the With that, I yield 3 minutes to the who is getting all this money, when table, and this IRS has to come clean gentleman from California (Mr. just 8 years ago, those same social wel- before the American people. BECERRA), the chair of the Democratic fare organizations gave a total of $1 This agency occupies a central part Caucus of the House of Representa- million for political purposes. It was of every single American’s life. It af- tives. $256 billion in 2012. Eight years ago, it fects every one of us. This agency has Mr. BECERRA. I thank the gen- was $1 million. the power to destroy each and every tleman for yielding. Something is going on in America. one of us. And that is why the trust Mr. Speaker, I think the best way to Someone is trying to buy elections. and the integrity needs to be restored. describe this bill is to call it the ‘‘pre- And we can’t figure it out because All this rule does is shuts down vent secret money from disclosure those donors don’t have to be disclosed. speech. It does nothing that these gen- act,’’ because that is what we are real- It is time to make sure that those do- tlemen, our friends on the other side of ly talking about. nations are disclosed. That is all the the aisle, have mentioned in terms of What matters today to most Ameri- IRS is trying to do. reforms and cleaning up the election cans? If you talk to folks back home or It is cloaked as something different system and all that. No, it does none of on the street, they will tell you: Are by proponents of this bill. Let’s not that. It just simply stifles speech. I you working on making sure the pri- hide the money. It is time to disclose don’t think that is appropriate. vate sector is creating jobs? Does this those contractors. We owe it to the American people bill help create jobs? No. They will say: Vote down this bill. and we owe it to the integrity of this Then at least make sure, if I am paying Mr. BOUSTANY. Mr. Speaker, I yield institution to complete this investiga- taxes, you are using them the right myself such time as I may consume. tion, put the facts on the table, and fol- way. Does this bill help taxpayers save There is no denying that we may low these facts wherever they may money? No. need reforms in this. There has been a lead. This is not political. This is sim- So why are we doing this? lot of debate about this. The gentleman ply looking at the facts. You are hearing folks talk about the from California and I have had those Rather than a recently drafted cure Constitution. The Constitution doesn’t kinds of conversations. But I would for confusion, this proposed rule, like I guarantee campaign donors get special point out that the investigations are said, simply focuses to silence some of tax treatment or protections. The First not complete, and they need to be com- these small groups, silence conserv- Amendment protects speech, not secret plete. atives. contributions. The ranking member mentioned ear- As early as 2011, long before the in- So what is the problem? lier in his comments money and donors spector general audit, IRS officials in The problem is that the IRS has fi- as reasons for this rule, but neither the Washington, D.C., began talking about nally figured out that a whole bunch of word ‘‘donor,’’ ‘‘money,’’ or ‘‘contribu- the proposed rule. We have email from folks are funneling a lot of dark, secret tions’’ appears in the regulation. Treasury to IRS, off plan—off plan. money into organizations that under It has been cited by the former Com- Now we are trying to get more of those the Tax Code are permitted and that missioner of the IRS that there was emails because we want to know what they are using this to influence our confusion. A confusion narrative they mean by ‘‘off plan.’’ What was American campaigns. emerged, but it was on the basis of no really discussed and why was all this We have no idea who is making these internal investigation at the IRS. talked about before the allegations contributions of millions of dollars— There has been no interview of the em- even came forward from these various secret dollars—to influence campaigns ployees, no facts established. We are groups? here in America. Is it foreign govern- still doing this investigation, from our This is not right. We need to get to ments giving these millions of dollars? standpoint, as is the inspector general. the bottom of it. And rather than cur- We don’t know. Is it money launderers We know from our investigation so ing confusion, the proposed rule would trying to influence elections? We don’t far, having interviews with the Cin- simply silence these social welfare or- know. We have no idea who is giving cinnati employees, that they were not ganizations and have a dispropor- this money because, under the Tax confused by the rules. They were proc- tionate effect on some of these right-

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1966 CONGRESSIONAL RECORD — HOUSE February 26, 2014 leaning conservative groups that were The examples the Republican leader Mr. CROWLEY. Mr. Speaker, how subject, in the first place, to the tar- pointed out could be under section 527. much time is left on both sides? geting. But if you are under 527, you need to The SPEAKER pro tempore. The gen- Mr. Speaker, I reserve the balance of disclose where the money came from. tleman from New York has 41⁄2 minutes my time. So you choose not to be under section remaining. The gentleman from Lou- Mr. CROWLEY. Mr. Speaker, I yield 527 of the Tax Code. You would rather isiana has 111⁄2 minutes remaining. myself such time as I may consume. be in another section. And what is that Mr. BOUSTANY. Mr. Speaker, I yield My good friend from Louisiana would other section? You are not tax liable myself such time as I may consume. continue to have you believe that only and you don’t have to disclose who In the Nation Magazine, Nan Aron of right-wing and conservative groups gave you the money. the liberal judicial lobby, the Alliance were being investigated when in fact he What is this? Russia? China? for Justice, writes: knows and we know that it went well You heard the numbers. We are talk- 501(c)(4)’s are made up of over 86,000 mostly beyond that. There were progressive ing about billions of dollars. The dif- small organizations nationwide that are ac- groups who were also subject to this in- ference? They would have to disclose tive participants in civic life. vestigation. where the money came from. They were not invented in the last Mr. Speaker, let me also point out to No evidence of any retribution has election cycle. They have been around my friend from Louisiana, he men- been found yet within either political for generations. Their purpose isn’t to tioned that maybe members of the party. So this is really a witch hunt. hide donors. It is to advance policies. Democratic Caucus had not yet perused For the American people, unfortu- Ms. Aron also adds: the Republican Tax Reform Act of 2014. nately, it is the integrity of our elec- These groups were involved in elections be- I would just point out for the record toral process here that is on trial. cause it is often impossible to advance a pol- that I am assuming he read the pro- The fact is that the Supreme Court’s icy cause without being involved in the po- posed regulations. He mentioned that rulings have legalized a torrent of hun- litical process. money was not mentioned, when in dreds of millions of dollars in corporate This is from the liberal side of the fact on the first page, in the fourth spending that has infected our elec- political spectrum. standout: tions. I am now pleased to yield 4 minutes Contributions of money or anything of We ask again today, join us in cor- to the gentleman from Indiana, TODD value to, or solicitation of contributions on recting that decision by the Supreme YOUNG, a member of the Ways and behalf of, a candidate, political organization, Court. It has infected our legal process. Means Committee. or any other section 501(c) organization en- The SPEAKER pro tempore. The Mr. YOUNG of Indiana. Thank you, gaged in candidate-related political activity. time of the gentleman has expired. Mr. Chairman. Thank you for your So money is mentioned on the first Mr. CROWLEY. I yield the gentleman leadership on this issue. page, just to set the record straight, an additional 30 seconds. Mr. Speaker, I rise today because Mr. Speaker. Mr. PASCRELL. One of the most this is an essential issue that affects Mr. Speaker, this Republican radical egregious newly legal big spenders are groups in my home State of Indiana, as tax plan will, for the first time, tax organizations operating as 501(c)(4) tax- well as groups throughout the country. workers for their health insurance ben- exempt groups. They could easily be As a member of the Committee on efits that they are provided through under section 527. We created a special Ways and Means, I have been present their job and tax previously untaxed section of the Tax Code precisely for during hearings where we have learned Social Security income. The question, tax-exempt political groups. No, they that the IRS targeted conservative and again, is: Whose side are they on? don’t want to go under those groups, Tea Party groups. During those same With that, Mr. Speaker, I yield 3 because if they go under those groups, hearings, I have shared letters and doc- they have got to tell us who is contrib- minutes to the gentleman from New uments that showed some of the tar- uting to them. Jersey, Mr. BILL PASCRELL, my friend. geted conservative groups were my fel- Mr. PASCRELL. Mr. Speaker, I sin- This is absolutely chicanery. These regulations aren’t some wild-eyed, low Hoosiers. cerely have the greatest respect for the Regretfully, it appears that the IRS, down-the-rabbit-hole conspiracy theory good doctor. I think he is a reasonable rather than holding those responsible to prosecute the President’s political man and a good person, but when you for this targeted sort of activity, is enemies. are explaining, you are losing. The SPEAKER pro tempore. The seeking to make political targeting I rise in strong opposition to this leg- time of the gentleman has again ex- part of their standard operating proce- islation. dure. The recently proposed IRS regu- After we learned last year about the pired. Mr. CROWLEY. I yield the gentleman lation that pertains to these 501(c)(4) inexcusable way the IRS evaluated ap- an additional 1 minute. groups is designed to do so in a way plications for tax-exempt status—be- Mr. PASCRELL. They are simply that clearly inhibits their First cause that is what is at the heart of about preserving congressional intent Amendment activities. this issue—I was hopeful that we could and providing clear rules of the road, 501(c)(4) is the section of our Tax have a bipartisan response. After all, it both for tax-exempt groups and the Code that many of the conservative was not only conservative groups, as IRS, about what exactly is political ac- groups tried to file under. They can’t you have heard, that had their applica- tivity so they know what is permissible file as a 501(c)(3) because that would tions singled out solely because of under the law. limit their ability to engage in grass- words like ‘‘Tea Party.’’ No one is de- This isn’t about free speech. This roots lobbying. They can’t file as a nying that. Progressive groups were in- isn’t about being a Tea Party or a Pro- 501(c)(5) because they aren’t a labor appropriately filtered as well. My gressive. Spend all the money you want union. They can’t file as a 501(c)(6) be- Democratic colleagues and I were to say whatever you want about any cause they aren’t a chamber of com- equally outraged by this behavior. We election. Just don’t expect to be able to merce. They can’t file as a 527 because put it on the record. But those hopes do so while calling yourself a tax-ex- that would limit them only to political faded quickly when it became apparent empt social welfare group. activity. that my colleagues on the other side We are paying more taxes because None of these other organizations are weren’t actually interested in inves- these people are getting away with it. affected by the new regulations—only tigating this wrongdoing and fixing the That is the bottom line. And you, I 501(c)(4)’s. problems. know, Doctor, are totally against that, Now, this seems curious to me, and This bill is just the latest example of because you would not really, in the the regulation seems aimed at pre- how, instead, they are only concerned final analysis, prefer that some groups venting such groups from engaging in with scoring cheap political points. are better than others—those particu- civil discourse. This is why I strongly Where I am from in Paterson, New Jer- larly who don’t tell us who donated to support H.R. 3865, the Stop Targeting sey, we would call this Pyrrhic soph- the group. of Political Beliefs, or STOP, Act. istry. That is what we would call it. The SPEAKER pro tempore. All This bill doesn’t say that the IRS Empty arguments, deceitful. That is Members are reminded to address their cannot regulate this issue, or even that what that means. remarks to the Chair. they should not regulate this issue.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1967 b 1530 should trust at this point in time with literally, have the White House using Instead, it just tells them to wait a rule of such incredible consequence enemy lists to go after people with until the investigation into this tar- when they have demonstrated no ca- groups like the IRS. geting concludes before discussing pacity to do right things in the past. We have seen it with the EPA. We whether any changes to the rules are I urge the passage of this bill. have seen it with the NLRB and the en- necessary. Mr. CROWLEY. Mr. Speaker, I yield 1 tire alphabet soup of Federal agencies It is eminently reasonable. It would minute to the gentlewoman from New that seems to want to go after people help protect the political speech and Mexico (Ms. MICHELLE LUJAN GRIS- that might say something, exercising the civil rights of my constituents and HAM). their First Amendment rights, that the those around the country. I urge my Ms. MICHELLE LUJAN GRISHAM of White House disagrees with. That is not how America works. That colleagues on both sides of the aisle to New Mexico. Mr. Speaker, Federal law is not what this great country is built support this bill. states that social welfare groups must upon, Mr. Speaker. Mr. CROWLEY. Mr. Speaker, I re- exclusively promote social welfare. So- cial welfare includes activities like If the President doesn’t like the po- serve the balance of my time. litical views of somebody, that is what Mr. BOUSTANY. Mr. Speaker, I yield early childhood education, environ- mental protection, or veterans’ assist- the great discourse of this country is 3 minutes to the gentleman from Illi- all about. That is what makes our nois (Mr. ROSKAM), our friend on the ance, not partisan political campaign activity. country so great, that we can disagree. Ways and Means Committee. We can exercise those great rights that Mr. ROSKAM. Mr. Speaker, there is Now, there is an important book on the House floor, and it is a dictionary. the Founding Fathers put in place and one thing worse than gridlock, accord- that was later established in the Bill of ing to my predecessor, Congressman We have that book here because this is a lawmaking institution, and the pre- Rights, the first of those Bill of Rights Henry Hyde. The worst thing than grid- being the First Amendment, encour- lock is the greased chute of govern- cise definition of words is incredibly important. aging free speech. It is what makes us ment. strong as a Nation. It is ironic that the very administra- Now, last time I looked up the word ‘‘exclusively,’’ it meant everything, ex- Yet here comes the IRS trying to tion that jammed through the Afford- shut down, use the heavy hammer of able Care Act, also known in the cluding everything else, solely, or only. However, the IRS must have found an their power to try to shut down polit- vernacular as ObamaCare, the very ical speech of people who disagree with group that foisted that on the Amer- alternative definition for exclusively when it issued a regulation allowing them. ican public in the middle of the night, It is not going to work, Mr. Speaker. social welfare organizations to only without much oversight, without much We are not going to stand for it here in primarily promote social welfare. This discussion, just jammed it all through, this House. I commend my colleague contradiction between Federal law and now has a new remedy as it relates to for bringing the legislation, which I am IRS regulation has allowed these this newest problem, and that is, do it proud to cosponsor. Over 94,000 Ameri- groups to spend over a quarter-billion again. Do it again on another issue. cans have already weighed in on this as dollars on political campaign activity, We heard our friend from New Jersey well, signing letters and inputting pub- not their social welfare mission, while posing a question, and he is mis- lic comment, including 70 members of keeping their donors secret. informed. The nature of his question the Republican Study Committee who I urge my colleagues simply to vote was somehow that the American public have chimed in. is paying for this, and yet, we had tes- against the bill and let the IRS move We are not going to stand for this. timony that Mr. CAMP, the chairman of forward with this proposed regulation This will be a bipartisan vote in sup- the Ways and Means Committee, asked to correct this. ‘‘Exclusively’’ should port of this legislation to stop the this question of Mr. Barthold, who is mean exclusively. abuse of the IRS. the chief of staff for the Joint Com- Mr. BOUSTANY. Mr. Speaker, how Mr. CROWLEY. Mr. Speaker, I yield mittee on Taxation. much time remains? myself such time as I may consume. He asked this question—this is DAVE The SPEAKER pro tempore. The gen- Obviously my Republican colleagues 1 CAMP, chairman of the committee: tleman from Louisiana has 6 ⁄2 minutes don’t want to talk about their radical remaining. The gentleman from New Do these proposed regulations respond to Republican tax bill. I understand. I 1 some kind of revenue loss or some kind of York has 3 ⁄2 minutes remaining. know why, because it is an actual bill tax avoidance scheme? Mr. BOUSTANY. Mr. Speaker, I yield on the American taxpaying public, a Answer: Not that I am aware of, sir. These 2 minutes to the gentleman from Lou- bill that would tax Social Security and organizations are generally exempt, and a isiana (Mr. SCALISE). would eliminate tax deductions on revenue loss has not been identified as the Mr. SCALISE. Mr. Speaker, I thank State and local taxes that taxpayers basis of these proposed regulations. my colleague from Louisiana for yield- have already paid. It will implement So let’s not kid ourselves. Here is the ing and for his leadership on holding chainsaw CPI. reality. The reality is that this stifles the IRS accountable. Instead, they want to focus on a speech. This is from an administration Mr. Speaker, we should not stand by phony scandal—I understand it—and that has been complicit in overseeing and let the IRS target American citi- not this extreme scandal Republican an Internal Revenue Service that has zens based on their political beliefs, tax bill, a bill they will force upon the picked winners and losers, Mr. Speak- and yet, that is what has been going American public. er, has been able to say you get to par- on. It has been uncovered. With that, Mr. Speaker, I yield the ticipate in the public debate and you The President tries to act like it is balance of my time to the gentleman don’t. some isolated incident, and yet, of from Maryland (Mr. VAN HOLLEN). We ought not do this. There have course, we have got all kind of testi- Mr. VAN HOLLEN. Mr. Speaker, I been over 100,000 comments on this pro- mony that shows this goes way beyond thank my friend and colleague. I have posed regulation. For those that want some local office. This is widespread listened all afternoon as my Repub- to participate and offer their own com- abuse of power by the Internal Revenue lican colleagues have held forth about ment, Mr. Speaker, they can go to ros- Service, and what we are seeing now, the importance of the First Amend- kam.house.gov/dontbesilenced to make with this latest proposed rule, is lit- ment. No one is debating that. That is sure that their voice is heard as well erally something that would try to not what this bill is about, despite offering an official comment on this. shut down an entire segment of Amer- your best efforts to suggest it is. One thing we do know: we know that ican people who want to participate in What this bill is about is letting or- an administration which has a tend- the democratic process, Mr. Speaker. ganizations spend millions of dollars of ency to over-respond, we know that an The IRS should not be able to go and secret money, secret money, to try to administration that has not much target people based on their political buy elections to serve their special in- credibility, frankly, on being thought- views, and yet that is what is hap- terests. That is what this bill is about. ful and nimble as it comes to legisla- pening, and President Obama is encour- Now, our Republican colleagues have tion, is not the administration that we aging this kind of activity where you, talked repeatedly about the Treasury

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1968 CONGRESSIONAL RECORD — HOUSE February 26, 2014 inspector general’s report. I don’t know The SPEAKER pro tempore. The gen- b 1545 if they have read the report, but one of tleman’s time has expired. Mr. BOUSTANY. Mr. Speaker, let me the recommendations was for the IRS Mr. BOUSTANY. Mr. Speaker, I yield simply close this debate by saying to revise its regulations and guidelines myself such time as I may consume. that, throughout all of this vigorous to clarify this particular area. I would, first off, mention that the discussion, we want to make clear that I would have hoped that all of us regulation does not mention donors. this bill just simply asks for a 1-year would want the IRS out of the business Secondly, I would like to point out delay in the implementation of this of determining whether or not a that the ACLU itself said these re- rule to allow ample time for Congress 501(c)(4) is primarily involved in polit- quirements ‘‘will pose insurmountable to complete its investigation and for ical activity or primarily involved in compliance issues that go beyond prac- the Treasury Inspector General for Tax social welfare activity. ticality and raise First Amendment Administration to complete its inves- I don’t want them under the nose of concerns of the highest order.’’ tigation, so that we have the facts on every organization trying to figure it The gentleman mentioned the Treas- the table. out, and that is why the IRS is trying ury inspector general report, but he We shouldn’t be jumping ahead of the to reform this area of the law. didn’t quite precisely characterize gun and possibly, and likely, infringe So why isn’t that what our Repub- what the inspector general said. The on the First Amendment rights of so lican colleagues want? inspector general said in his report many people unless we have the facts. Because this isn’t about allowing that the IRS, one of the recommenda- The ranking member of the com- those groups to exercise free speech. It tions is the IRS provide guidance on mittee, Mr. LEVIN, has admitted that is allowing those organizations to be how to measure political activity, not the investigation is incomplete. Let’s used to channel secret money without what constitutes political activity. just give this time. We owe it to the disclosing those expenditures to the So with those clarifications, I yield 2 American people to do that. We owe it voters. That is what this is all about, minutes to the gentleman from Texas to the integrity of this institution to because you can spend as much money (Mr. BRADY), a member of the Ways do our work prior to having these pre- as you want on political advocacy and and Means Committee. mature judgments come forward, espe- Mr. BRADY of Texas. Mr. Speaker, I campaigns. All you have to do is orga- cially when the rule does not address thank the chairman and DAVE AMP nize as a 527, which is another organi- C for all the issues that have been discussed zation under the Tax Code which, by leading this effort to protect our free today. the way, is also tax exempt. speech. Mr. Speaker, with that, I ask that we So why isn’t that good enough? Whenever someone in Washington all vote in favor of this bill, support it, You can say as much as you want, tells you don’t worry, it is not really and move it forward. Let’s hit that spend millions of dollars. I will tell you about free speech, trust me, it is. pause button. Let’s complete the inves- A lot of Americans are frightened by why. Because under 527’s, people are tigation and do our due diligence. spending all that money to influence the thought that their government With that, I yield back the balance of elections, they have to disclose. They would target them based on their polit- my time. have to tell voters who they are spend- ical beliefs, and I am convinced the The SPEAKER pro tempore. Pursu- ing millions of dollars to try and influ- darkest days in America’s history have ant to House Resolution 487, the pre- ence those votes. been when the government has tried to vious question is ordered on the bill, as That is not good enough for our Re- silence the voices of those who disagree amended. publican colleagues. They want to pre- with it. The question is on the engrossment serve this messy situation because it We suffered under this intimidation and third reading of the bill. allows all that secret money to flow during the civil rights era, under the The bill was ordered to be engrossed into these campaigns. antiwar era, and now today, because and read a third time, and was read the We believe voters have a right to conservative organizations, constitu- third time. know who is trying to spend millions of tional organizations, some who simply MOTION TO RECOMMIT dollars to influence these votes, and by want to make the country better and Mr. VAN HOLLEN. Mr. Speaker, I the way, eight of the nine Justices on have that voice, are now being tar- have a motion to recommit at the the Supreme Court in Citizens United, geted. desk. a case which I had lots of problems Make no mistake. This is not about The SPEAKER pro tempore. Is the with lots of parts of it, but eight of the clearing up confusion. This is about in- gentleman opposed to the bill? nine Justices agree with us that trans- timidation. This is about the govern- Mr. VAN HOLLEN. I am opposed. parency is important. ment using one of the most powerful The SPEAKER pro tempore. The Here is what Justice Kennedy said. agencies it has, the IRS, the only agen- Clerk will report the motion to recom- These transparency laws ‘‘impose no cy that can destroy your life, your mit. ceiling on campaign-related activities’’ family, your business’ life with their The Clerk read as follows: and ‘‘do not prevent anyone from immense power, targeting people be- speaking,’’ but they have ‘‘a govern- cause of their political beliefs. Mr. Van Hollen moves to recommit the bill, H.R. 3865, to the Committee on Ways mental interest in providing the elec- If you talk about what is free speech, and Means with instructions to report the torate with information about the I would point to this: look at organiza- same back to the House forthwith with the sources of election-related spending.’’ tions back home in your community. following amendment: Eight out of nine Supreme Court Jus- Those who want to do get out to vote, Add at the end the following new sections: tices agree with what every poll shows, so go vote and have your voices heard. SEC. 3. PRESERVING DEMOCRACY FROM THE that the American people overwhelm- Voter registration, candidate forms, CORRUPTING INFLUENCE OF SE- ingly want transparency in our elec- let’s find out what elected officials and CRET DONORS. tions. Because why? Transparency candidates feel about the issues. Nothing in this Act shall limit, restrict, or prohibit the Secretary of the Treasury from brings accountability. Then just grassroots lobbying, let- issuing regulations requiring the disclosure I think every American has an inter- ting their neighbors, their commu- of secret political donors. est in knowing who is spending mil- nities, their members understand the SEC. 4. RESTORING UNEMPLOYMENT BENEFITS lions of dollars to try and get them issues and weigh in. That is free FOR AMERICA’S JOB SEEKERS. elected to Congress, to serve particular speech. That is the First Amendment, This Act shall not take effect until the special interests. and when this government targets Secretary of the Treasury has certified that So, Mr. Speaker, for goodness sakes, Americans based on it, we have got to the most recent percentage of the insured this isn’t about the First Amendment. stop it. unemployed (those for whom unemployment Everyone is in favor of the First Make no mistake, Republican, Demo- taxes were paid during prior employment) who are receiving Federal or State unem- Amendment. This is about allowing se- crat, Tea Party, Progressive, I don’t ployment insurance (UI) benefits when they cret money in campaigns, and we care where you are at on there, we can- are actively seeking work is at least equal to should not allow that. It is against the not let the government have this the percentage receiving such benefits for public interest. power. It must be stopped now. the last quarter of 2013, as determined by the

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1969 Department of Labor’s quarterly UI data troversial case, support transparency [Roll No. 68] summary measurement of the Unemploy- and disclosure. They say that is good YEAS—191 ment Insurance recipiency rate for all UI for democracy. And you know what? Barber Green, Al Nolan programs. Every poll shows that the American Barrow (GA) Green, Gene O’Rourke Mr. CAMP. Mr. Speaker, I reserve a people overwhelmingly agree. So let’s Bass Grijalva Pallone point of order against the motion to re- Beatty Gutie´rrez Pascrell vote for disclosure and vote for this Becerra Hahn commit. Payne motion. Bera (CA) Hanabusa Pelosi The SPEAKER pro tempore. A point With that, I yield to the gentleman Bishop (GA) Hastings (FL) Perlmutter of order is reserved. from Michigan (Mr. LEVIN). Bishop (NY) Heck (WA) Peters (CA) Pursuant to the rule, the gentleman Mr. LEVIN. Let’s look at the facts. Bonamici Higgins Peters (MI) Brady (PA) Himes Peterson from Maryland is recognized for 5 min- Only those who won’t look don’t see Braley (IA) Hinojosa Pingree (ME) Brown (FL) Holt utes in support of his motion. them. Pocan Brownley (CA) Honda Mr. VAN HOLLEN. Mr. Speaker, this There have been 1.9 million long- Polis Bustos Horsford Price (NC) is the final amendment to the bill, term unemployed Americans who have Butterfield Hoyer which will not kill the bill or send it lost their unemployment insurance Capps Huffman Quigley back to committee. Capuano Israel Rahall since December 28 and another 72,000 Rangel If adopted, the bill will immediately Ca´ rdenas Jackson Lee every week. Unemployment insurance Carney Johnson (GA) Richmond proceed to final passage, as amended, lifted 2.5 million from poverty in 2012, Carson (IN) Johnson, E. B. Roybal-Allard and as the motion indicated, it address- and now hundreds of thousands are Cartwright Kaptur Ruiz es secret money in elections. I am try- sinking into poverty because this insti- Castor (FL) Keating Ruppersberger Castro (TX) Kelly (IL) Ryan (OH) ing to make sure we end that secret tution and the House majority will not Chu Kennedy Sa´ nchez, Linda money. It also deals with the issue of act. Cicilline Kildee T. extending unemployment insurance, The long-term unemployment rate in Clark (MA) Kilmer Sanchez, Loretta which my colleague from Michigan this country: 36 percent of jobless Clarke (NY) Kind Sarbanes Clay Kirkpatrick Schakowsky (Mr. LEVIN) will discuss in a minute. workers over 6 months; the lowest per- Cleaver Kuster Schiff But I want to focus on this issue of centage of jobless receiving unemploy- Clyburn Langevin Schneider secret money because this resolution, ment insurance in over 50 years. It is Cohen Larsen (WA) Schrader what we are asking our Republican col- mindless not to act in terms of the na- Connolly Larson (CT) Schwartz Conyers Lee (CA) Scott (VA) leagues to join us on, is to vote on a tional economy. It is heartless not to Cooper Levin Scott, David very simple statement: to say that act in terms of the individual lives of Costa Lewis Serrano nothing in this act shall limit, restrict, hundreds and hundreds and hundreds Courtney Lipinski Sewell (AL) Crowley Loebsack or prohibit the Secretary of the Treas- and hundreds and hundreds and hun- Shea-Porter Cuellar Lofgren Sherman ury from issuing regulations requiring dreds of thousands of Americans and Cummings Lowenthal Sinema the disclosure of secret political do- their families. Davis (CA) Lowey Sires nors. Vote for this motion to recommit. I Davis, Danny Lujan Grisham Slaughter DeFazio (NM) Smith (WA) Our Republican colleagues all after- don’t see how anybody can go home ´ DeGette Lujan, Ben Ray Speier Delaney (NM) noon have said this is about the First and vote ‘‘no.’’ Swalwell (CA) DeLauro Lynch Amendment. This is about protecting Mr. VAN HOLLEN. I yield back the Takano DelBene Maffei Thompson (CA) the right of people to express their balance of my time. Deutch Maloney, Thompson (MS) views. Mr. CAMP. Mr. Speaker, I withdraw Dingell Carolyn Tierney That is not what their bill is about. my point of order, and I seek the time Doggett Maloney, Sean Doyle Matheson Titus Everyone is in favor of people being in opposition to the motion. Tonko The SPEAKER pro tempore. The res- Duckworth Matsui able to express their views. As I indi- Edwards McDermott Tsongas cated earlier, you can form what is ervation is withdrawn. Engel McGovern Van Hollen known as a 527 organization; and The gentleman from Michigan is rec- Enyart McIntyre Vargas ognized for 5 minutes in opposition to Eshoo McNerney Veasey whether you are an individual or an or- Vela the motion. Esty Meeks ganization in that form, you can spend Farr Meng Vela´ zquez millions of dollars to try to influence Mr. CAMP. Mr. Speaker, this motion Fattah Michaud Visclosky the outcome of elections. to recommit actually allows and per- Foster Miller, George Walz petuates the targeting of Americans by Frankel (FL) Moore Wasserman What we are saying is the voters Schultz the Internal Revenue Service. This mo- Fudge Moran have a right to know who is Gabbard Murphy (FL) Waters bankrolling these campaign efforts. tion to recommit permits the govern- Gallego Nadler Waxman What we have seen over the last couple ment to restrict the free speech of Garamendi Napolitano Welch Americans. Garcia Neal Wilson (FL) of years is a huge increase, an explo- Grayson Negrete McLeod Yarmuth sion of money being spent by outside I can’t stand for this. The American NAYS—230 groups to try to influence the outcome people can’t stand for this and should of elections to try to elect Members of not stand for this. Vote ‘‘no’’ on this Aderholt Capito Farenthold motion to recommit. Amash Carter Fincher Congress to support whatever interests Amodei Cassidy Fitzpatrick I yield back the balance of my time. Bachmann Chabot Fleischmann those groups may support. The SPEAKER pro tempore. Without This motion, what we are proposing, Bachus Chaffetz Fleming objection, the previous question is or- Barletta Coble Flores would still allow all this money to be dered on the motion to recommit. Barr Coffman Forbes spent. But—and here is the key—most There was no objection. Barton Cole Fortenberry of that money is now flowing through Benishek Collins (GA) Foxx The SPEAKER pro tempore. The Bentivolio Collins (NY) Franks (AZ) 501(c)(4) organizations because some question is on the motion to recommit. Bilirakis Conaway Frelinghuysen groups have been abusing those organi- The question was taken; and the Bishop (UT) Cook Gardner zations to allow them to use them as Speaker pro tempore announced that Black Cotton Garrett secret conduits, conduits to allow them Blackburn Cramer Gerlach the noes appeared to have it. Boustany Crawford Gibbs to secretly fund campaigns. Mr. VAN HOLLEN. Mr. Speaker, on Brady (TX) Crenshaw Gibson All we are saying is let’s not take that I demand the yeas and nays. Bridenstine Culberson Gingrey (GA) away the right and ability of the The yeas and nays were ordered. Brooks (AL) Daines Gohmert Brooks (IN) Davis, Rodney Goodlatte Treasury Department to adopt regula- The SPEAKER pro tempore. Pursu- Broun (GA) Denham Gowdy tions to make sure we don’t allow that ant to clause 9 of rule XX, the Chair Buchanan Dent Granger secret money because I thought most will reduce to 5 minutes the minimum Bucshon DeSantis Graves (GA) of us agreed in transparency, and I time for any electronic vote on the Burgess DesJarlais Graves (MO) Byrne Diaz-Balart Griffin (AR) thought most of us agreed in account- question of passage. Calvert Duffy Griffith (VA) ability. The vote was taken by electronic de- Camp Duncan (SC) Grimm And I know that eight of the nine Su- vice, and there were—yeas 191, nays Campbell Duncan (TN) Guthrie preme Court Justices, even in a con- 230, not voting 9, as follows: Cantor Ellmers Hall

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1970 CONGRESSIONAL RECORD — HOUSE February 26, 2014 Hanna McKinley Royce Bridenstine Heck (NV) Pitts Grijalva Lynch Sanchez, Loretta Harper McMorris Runyan Brooks (AL) Hensarling Poe (TX) Gutie´rrez Maffei Sarbanes Harris Rodgers Ryan (WI) Brooks (IN) Herrera Beutler Pompeo Hahn Maloney, Schakowsky Hartzler Meadows Salmon Broun (GA) Holding Posey Hanabusa Carolyn Schiff Hastings (WA) Meehan Sanford Buchanan Hudson Price (GA) Hastings (FL) Maloney, Sean Schneider Heck (NV) Messer Scalise Bucshon Huelskamp Rahall Heck (WA) Matsui Schrader Hensarling Mica Schock Burgess Huizenga (MI) Reed Higgins McDermott Schwartz Herrera Beutler Miller (FL) Schweikert Byrne Hultgren Reichert Himes McGovern Scott (VA) Holding Miller (MI) Scott, Austin Hinojosa McNerney Calvert Hunter Renacci Serrano Hudson Miller, Gary Sensenbrenner Camp Hurt Holt Meeks Ribble Sewell (AL) Huelskamp Mullin Sessions Campbell Issa Honda Meng Rice (SC) Shea-Porter Huizenga (MI) Mulvaney Shimkus Cantor Jenkins Horsford Michaud Rigell Sherman Hultgren Murphy (PA) Shuster Capito Johnson (OH) Roby Hoyer Miller, George Hunter Neugebauer Simpson Carter Johnson, Sam Huffman Moore Sires Roe (TN) Slaughter Hurt Noem Smith (MO) Cassidy Jones Rogers (AL) Israel Moran Issa Nugent Smith (NE) Jackson Lee Nadler Smith (WA) Chabot Jordan Rogers (KY) Jenkins Nunes Smith (NJ) Johnson (GA) Napolitano Speier Chaffetz Joyce Rogers (MI) Johnson (OH) Nunnelee Smith (TX) Coble Kelly (PA) Johnson, E. B. Neal Swalwell (CA) Rohrabacher Johnson, Sam Olson Southerland Coffman King (IA) Kaptur Negrete McLeod Takano Rokita Jones Owens Stewart Cole King (NY) Keating Nolan Thompson (CA) Rooney Jordan Palazzo Stivers Collins (GA) Kingston Kelly (IL) O’Rourke Thompson (MS) Ros-Lehtinen Joyce Paulsen Stockman Collins (NY) Kinzinger (IL) Kennedy Pallone Tierney Roskam Kelly (PA) Pearce Stutzman Conaway Kirkpatrick Kildee Pascrell Titus Ross King (IA) Perry Terry Cook Kline Kilmer Payne Tonko King (NY) Petri Thompson (PA) Costa Labrador Rothfus Kind Pelosi Royce Tsongas Kingston Pittenger Thornberry Cotton LaMalfa Kuster Perlmutter Van Hollen Kinzinger (IL) Pitts Runyan Langevin Tiberi Cramer Lamborn Peters (CA) Vargas Kline Poe (TX) Tipton Crawford Lance Ryan (WI) Larson (CT) Peters (MI) Veasey Labrador Pompeo Turner Crenshaw Lankford Salmon Lee (CA) Pingree (ME) Vela LaMalfa Posey Upton Cuellar Larsen (WA) Sanford Levin Pocan Vela´ zquez Lamborn Price (GA) Valadao Culberson Latham Scalise Lewis Polis Lance Reed Wagner Daines Latta Schock Lipinski Price (NC) Visclosky Lankford Reichert Walberg Davis, Rodney LoBiondo Schweikert Loebsack Quigley Walz Latham Renacci Walden Denham Long Scott, Austin Lofgren Richmond Wasserman Latta Ribble Walorski Dent Lucas Sensenbrenner Lowenthal Roybal-Allard Schultz LoBiondo Rice (SC) Weber (TX) DeSantis Luetkemeyer Sessions Lowey Ruiz Waters Long Rigell Webster (FL) DesJarlais Lummis Shimkus Lujan Grisham Ruppersberger Waxman Lucas Roby Wenstrup Diaz-Balart Marchant Shuster (NM) Ryan (OH) Welch Luetkemeyer Roe (TN) Whitfield Duffy Marino Simpson Luja´ n, Ben Ray Sa´ nchez, Linda Wilson (FL) Lummis Rogers (AL) Williams Duncan (SC) Massie Sinema (NM) T. Yarmuth Marchant Rogers (KY) Wilson (SC) Duncan (TN) Matheson Smith (MO) Marino Rogers (MI) Wittman Ellmers McAllister Smith (NE) NOT VOTING—11 Massie Rohrabacher Wolf Farenthold McCarthy (CA) Smith (NJ) Blumenauer McCarthy (NY) Rush McAllister Rokita Womack Fincher McCaul Smith (TX) Ellison McCollum Scott, David McCarthy (CA) Rooney Woodall Fitzpatrick McClintock Southerland Gosar Pastor (AZ) Westmoreland McCaul Ros-Lehtinen Yoder Fleischmann McHenry Stewart Jeffries Rangel McClintock Roskam Yoho Fleming McIntyre Stivers ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE McHenry Ross Young (AK) Flores McKeon Stockman McKeon Rothfus Young (IN) Forbes McKinley Stutzman The SPEAKER pro tempore (during Fortenberry McMorris Terry the vote). There are 2 minutes remain- NOT VOTING—9 Foxx Rodgers Thompson (PA) ing. Blumenauer Jeffries Pastor (AZ) Franks (AZ) Meadows Thornberry Ellison McCarthy (NY) Rush Frelinghuysen Meehan Tiberi Gallego Messer Gosar McCollum Westmoreland Tipton b 1627 Gardner Mica Turner Garrett Miller (FL) b 1620 Upton So the bill was passed. Gerlach Miller (MI) Valadao The result of the vote was announced Messrs. PITTENGER, COBLE, Gibbs Miller, Gary Wagner Gibson Mullin as above recorded. POSEY, RICE of South Carolina, BILI- Walberg RAKIS, AMODEI, ADERHOLT, Gingrey (GA) Mulvaney A motion to reconsider was laid on Gohmert Murphy (FL) Walden the table. SCHOCK, and Ms. GRANGER changed Goodlatte Murphy (PA) Walorski their vote from ‘‘yea’’ to ‘‘nay.’’ Gowdy Neugebauer Weber (TX) AMENDMENT OFFERED BY MR. POLIS Webster (FL) Ms. FUDGE, Messrs. SERRANO and Granger Noem Mr. POLIS. Mr. Speaker, I have an Graves (GA) Nugent Wenstrup amendment at the desk to correct the COHEN changed their vote from ‘‘nay’’ Graves (MO) Nunes Whitfield to ‘‘yea.’’ Griffin (AR) Nunnelee Williams name of the bill to the Protect Anony- So the motion to recommit was re- Griffith (VA) Olson Wilson (SC) mous Special Interests Act. Wittman jected. Grimm Owens The SPEAKER pro tempore. The Guthrie Palazzo Wolf Clerk will report the amendment. The result of the vote was announced Hall Paulsen Womack as above recorded. Hanna Pearce Woodall The Clerk read as follows: The SPEAKER pro tempore. The Harper Perry Yoder Mr. Polis of Colorado moves to amend the Yoho question is on the passage of the bill. Harris Peterson title of H.R. 3865 to read as follows: Hartzler Petri Young (AK) To protect anonymous special interests by The question was taken; and the Hastings (WA) Pittenger Young (IN) Speaker pro tempore announced that prohibiting the Internal Revenue Service NOES—176 from modifying the standard for determining the ayes appeared to have it. whether an organization is operated exclu- RECORDED VOTE Bass Chu Deutch sively for the promotion of social welfare for Beatty Cicilline Dingell Mr. VAN HOLLEN. Mr. Speaker, I de- Becerra Clark (MA) Doggett purposes of section 501(c)(4) of the Internal mand a recorded vote. Bera (CA) Clarke (NY) Doyle Revenue Code of 1986. A recorded vote was ordered. Bishop (GA) Clay Duckworth The SPEAKER pro tempore. Under Bishop (NY) Cleaver Edwards The SPEAKER pro tempore. This is a Bonamici Clyburn Engel clause 6 of rule XVI, the amendment is 5-minute vote. Brady (PA) Cohen Enyart not debatable. The vote was taken by electronic de- Braley (IA) Connolly Eshoo The question is on the amendment vice, and there were—ayes 243, noes 176, Brown (FL) Conyers Esty offered by the gentleman from Colo- Brownley (CA) Cooper Farr not voting 11, as follows: Bustos Courtney Fattah rado (Mr. POLIS). [Roll No. 69] Butterfield Crowley Foster The question was taken; and the Capps Cummings Frankel (FL) Speaker pro tempore announced that AYES—243 Capuano Davis (CA) Fudge Aderholt Barletta Bilirakis Ca´ rdenas Davis, Danny Gabbard the noes appeared to have it. Amash Barr Bishop (UT) Carney DeFazio Garamendi RECORDED VOTE Amodei Barrow (GA) Black Carson (IN) DeGette Garcia Mr. POLIS. Mr. Speaker, I demand a Bachmann Barton Blackburn Cartwright Delaney Grayson Bachus Benishek Boustany Castor (FL) DeLauro Green, Al recorded vote. Barber Bentivolio Brady (TX) Castro (TX) DelBene Green, Gene A recorded vote was ordered.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1971 The vote was taken by electronic de- Hanna McKeon Rothfus posing Federal mandates, and for other vice, and there were—ayes 177, noes 241, Harper McKinley Royce purposes, which was referred to the Harris McMorris Runyan not voting 12, as follows: Hartzler Rodgers Ryan (WI) House Calendar and ordered to be [Roll No. 70] Hastings (WA) Meadows Salmon printed. Heck (NV) Meehan Sanford f AYES—177 Hensarling Messer Scalise Herrera Beutler Bass Garcia Nolan Mica Schock ALL ECONOMIC REGULATIONS ARE Holding Michaud Beatty Grayson O’Rourke Schrader Hudson Miller (FL) TRANSPARENT ACT OF 2014 Becerra Green, Al Pallone Schweikert Huelskamp Miller (MI) Bera (CA) Green, Gene Pascrell Scott, Austin GENERAL LEAVE Huizenga (MI) Miller, Gary Bishop (GA) Gutie´rrez Payne Sensenbrenner Hultgren Mullin Mr. GOODLATTE. Madam Speaker, I Bishop (NY) Hahn Pelosi Sessions Hunter Mulvaney ask unanimous consent that all Mem- Bonamici Hanabusa Perlmutter Shimkus Brady (PA) Hastings (FL) Hurt Murphy (FL) Shuster bers may have 5 legislative days within Peters (CA) Issa Murphy (PA) Braley (IA) Heck (WA) Simpson which to revise and extend their re- Peters (MI) Jenkins Neugebauer Brown (FL) Higgins Sinema Peterson Johnson (OH) Noem marks and include extraneous mate- Brownley (CA) Himes Smith (MO) Pingree (ME) Johnson, Sam Nugent Bustos Hinojosa Smith (NE) rials on H.R. 2804. Pocan Jones Nunes Butterfield Holt Smith (NJ) The SPEAKER pro tempore (Mrs. Polis Jordan Nunnelee Capps Honda ROBY). Is there objection to the request Price (NC) Joyce Olson Smith (TX) Capuano Horsford Quigley Southerland of the gentleman from Virginia? Ca´ rdenas Hoyer Kelly (PA) Owens Richmond King (IA) Palazzo Stewart There was no objection. Carney Huffman Roybal-Allard Stivers Carson (IN) Israel King (NY) Paulsen The SPEAKER pro tempore. Pursu- Ruiz Stockman Cartwright Jackson Lee Kingston Pearce Ruppersberger Stutzman ant to House Resolution 487 and rule Castor (FL) Johnson (GA) Kinzinger (IL) Perry Ryan (OH) Terry XVIII, the Chair declares the House in Castro (TX) Johnson, E. B. Kline Petri Sa´ nchez, Linda Thompson (PA) Chu Kaptur Labrador Pittenger the Committee of the Whole House on T. Thornberry Cicilline Keating LaMalfa Pitts the state of the Union for the consider- Sanchez, Loretta Tiberi Clark (MA) Kelly (IL) Lamborn Poe (TX) Sarbanes Tipton ation of the bill, H.R. 2804. Clarke (NY) Kennedy Lance Pompeo Schakowsky Turner The Chair appoints the gentlewoman Clay Kildee Lankford Posey Schiff Upton Cleaver Kilmer Larsen (WA) Price (GA) from North Carolina (Ms. FOXX) to pre- Schneider Valadao Clyburn Kind Latham Rahall side over the Committee of the Whole. Schwartz Latta Reed Wagner Cohen Kirkpatrick Walden Connolly Kuster Scott (VA) LoBiondo Reichert b 1648 Scott, David Long Renacci Walorski Conyers Langevin Weber (TX) IN THE COMMITTEE OF THE WHOLE Cooper Larson (CT) Serrano Lucas Ribble Sewell (AL) Luetkemeyer Rice (SC) Webster (FL) Accordingly, the House resolved Costa Lee (CA) Wenstrup Courtney Levin Shea-Porter Lummis Rigell itself into the Committee of the Whole Whitfield Crowley Lewis Sherman Maffei Roby Williams House on the state of the Union for the Cuellar Lipinski Sires Marchant Roe (TN) Wilson (SC) consideration of the bill (H.R. 2804) to Cummings Loebsack Slaughter Marino Rogers (AL) Wittman Davis (CA) Lofgren Smith (WA) Massie Rogers (KY) amend title 5, United States Code, to Wolf Davis, Danny Lowenthal Speier Matheson Rogers (MI) Womack require the Administrator of the Office DeFazio Lowey Swalwell (CA) McAllister Rohrabacher Woodall of Information and Regulatory Affairs DeGette Lujan Grisham Takano McCarthy (CA) Rokita Yoder Delaney (NM) Thompson (CA) McCaul Rooney to publish information about rules on Yoho DeLauro Luja´ n, Ben Ray Thompson (MS) McClintock Ros-Lehtinen the Internet, and for other purposes, Young (AK) DelBene (NM) Tierney McHenry Roskam McIntyre Ross Young (IN) with Ms. FOXX in the chair. Deutch Lynch Titus The Clerk read the title of the bill. Dingell Maloney, Tonko NOT VOTING—12 Doggett Carolyn Tsongas The CHAIR. Pursuant to the rule, the Doyle Maloney, Sean Van Hollen Blumenauer Jeffries Rangel bill is considered read the first time. Duckworth Matsui Vargas Ellison McCarthy (NY) Rush The gentleman from Virginia (Mr. Veasey Gosar McCollum Waxman Edwards McDermott GOODLATTE) and the gentleman from Engel McGovern Vela Grijalva Pastor (AZ) Westmoreland ´ Georgia (Mr. JOHNSON) each will con- Enyart McNerney Velazquez b 1645 Eshoo Meeks Visclosky trol 30 minutes. Esty Meng Walberg Mr. CALVERT changed his vote from The Chair recognizes the gentleman Farr Miller, George Walz ‘‘aye’’ to ‘‘no.’’ from Virginia. Fattah Moore Wasserman Foster Moran Schultz So the amendment was rejected. Mr. GOODLATTE. Madam Chairman, Frankel (FL) Nadler Waters The result of the vote was announced I yield myself such time as I may con- Fudge Napolitano Welch as above recorded. sume. Gabbard Neal Wilson (FL) Just over 6 months ago, President Garamendi Negrete McLeod Yarmuth A motion to reconsider was laid on the table. Obama announced that he would once NOES—241 f again pivot to the economy. The bot- Aderholt Cantor Farenthold tom line of his speech: after 41⁄2 years Amash Capito Fincher MESSAGE FROM THE SENATE of the Obama administration, ‘‘We’re Amodei Carter Fitzpatrick not there yet.’’ Bachmann Cassidy Fleischmann A message from the Senate by Ms. Bachus Chabot Fleming Curtis, one of its clerks, announced The President was right. We were not Barber Chaffetz Flores that the Senate has passed without there yet nor are we there today. Job Barletta Coble Forbes amendment a bill of the House of the creation and economic growth continue Barr Coffman Fortenberry to fall short of what is needed to Barrow (GA) Cole Foxx following title: Barton Collins (GA) Franks (AZ) H.R. 2431. An act to reauthorize the Na- produce a real and durable recovery in Benishek Collins (NY) Frelinghuysen tional Integrated Drought Information Sys- our country. The nominal unemploy- Bentivolio Conaway Gallego tem. ment rate is down, but that is not be- Bilirakis Cook Gardner Bishop (UT) Cotton Garrett f cause enough workers have found jobs; Black Cramer Gerlach it is because so many unemployed Blackburn Crawford Gibbs REPORT ON RESOLUTION PRO- workers have despaired of ever finding Boustany Crenshaw Gibson VIDING FOR CONSIDERATION OF new full-time work. They have either Brady (TX) Culberson Gingrey (GA) H.R. 899, UNFUNDED MANDATES left the workforce or have settled for Bridenstine Daines Gohmert INFORMATION AND TRANS- Brooks (AL) Davis, Rodney Goodlatte part-time jobs. Brooks (IN) Denham Gowdy PARENCY ACT OF 2013 As long as this situation continues, Broun (GA) Dent Granger Buchanan DeSantis Graves (GA) Ms. FOXX, from the Committee on Congress must stay focused on enact- Bucshon DesJarlais Graves (MO) Rules, submitted a privileged report ing reforms that will stop the losses, Burgess Diaz-Balart Griffin (AR) (Rept. No. 113–362) on the resolution (H. return America to prosperity, and re- Byrne Duffy Griffith (VA) Res. 492) providing for consideration of turn discouraged workers to the dig- Calvert Duncan (SC) Grimm Camp Duncan (TN) Guthrie the bill (H.R. 899) to provide for addi- nity of a good, full-time job. The legis- Campbell Ellmers Hall tional safeguards with respect to im- lation we consider today is just that

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1972 CONGRESSIONAL RECORD — HOUSE February 26, 2014 kind of reform. Through its strong, ple like Carl Harris, the vice president business people struggling to be heard commonsense measures, the ALERRT and general manager of Carl Harris Co., by faceless Washington bureaucracies Act will powerfully and comprehen- Inc., in Wichita, Kansas. Mr. Harris is a or whether they are citizens of small sively reform the Federal regulatory small home builder. Every day, he has towns who are crushed by the impacts system, from how regulations are to fight and overcome the fact that of regulations that force plant closings, planned to how they are promulgated government regulations now account harm families, and kill the revenues to how they are dealt with in court. for 25 percent of the final price of a new needed to provide vital services. This is legislation that Congress can- single-family home. I thank Mr. BACHUS, Mr. HOLDING, not pass too soon, for while the Obama Mr. Harris participates in small busi- and Mr. COLLINS for joining with me in administration’s pivot to the economy ness review panels of existing law uses offering the individual bills that now has faltered, the Federal bureaucracy to try to lower the costs of regulations come to the floor together as the has not wavered an instant in its impo- for small businesses, but he has seen ALERRT Act, and I urge my colleagues sition of new and costly regulation on firsthand how loopholes in existing law to vote for this urgently needed legisla- our economy. The ALERRT Act re- allow Federal agencies to ignore small tion. sponds by offering real relief to the business concerns while ‘‘checking the I reserve the balance of my time. real Americans who suffer under the box’’ of contacting small businesses. Mr. JOHNSON of Georgia. Madam mounting burdens of tyrannical regula- One case is that of the Occupational Chair, I yield myself such time as I tion. Safety and Health Administration’s may consume. Earlier this week, we had a declara- Consider, for example, Rob James, a Cranes and Derricks Rule, which was tion that this week would be ‘‘stop gov- city councilman from Avon Lake, Ohio, effectively negotiated before small ernment abuse’’ week. My colleagues who testified before the Judiciary business was ever consulted and threat- on the other side called for us to com- Committee this term about the im- ened to impose disproportionate costs memorate this week by the introduc- pacts of new and excessive regulation on small builders. on his town, its workers, and its fami- Title III of the ALERRT Act helps tion of draconian anti-safety legisla- tion that would allow businesses to de- lies. small business job creators like Mr. Avon Lake is a small town facing clare war on the rules that protect HARRIS make sure that agencies like devastation by ideologically driven, Americans, including babies, children, OSHA stop treating them like proce- anti-fossil fuel power plant regulations. and the elderly. That is why, Madam dural hurdles and afterthoughts, take These regulations are expected to de- Chair, I rise in opposition to H.R. 2804, into real account the difficulties small stroy jobs at Avon Lake, harm Avon the Achieving Less Excess in Regula- businesses face, and lower costs on Lake’s families, and make it even tion and Requiring Transparency Act small businesses that must be lowered. harder for Avon Lake to find the re- of 2014, also known as the so-called Finally, consider Allen Puckett, III, sources to provide emergency services, ‘‘ALERRT Act.’’ who is the fourth-generation owner of quality schools, and help for its need- The ALERRT Act is a continuation Columbus Brick Company, a family- iest citizens, all the while doing com- of the same Republican obstruct at all owned enterprise that has been making paratively little to control mercury costs paradigm that led to the seques- fired-clay bricks in Columbus, Mis- emissions, which are the stated target ter and to the shutdown of the Federal sissippi, since 1890. His company dis- of the regulations. Government. This race to the bottom Title I of the ALERRT Act helps peo- tributes bricks to more than 15 States, approach to the regulatory process is ple and towns like Rob James and has second-, third- and fourth-genera- wasteful and dangerous, and it Avon Lake to know in real time when tion employees, offers a fully funded, prioritizes profits over protecting devastating regulations are planned, profit-sharing retirement plan and a Americans. comment in time to help change them, 401(k) matching program, and has a Although the ALERRT Act purports estimate their real costs, and better nurse practitioner come on site twice a to ease the burden of regulations on plan for the results as agencies reach month to provide a free clinic to all of American businesses, it would not cre- their final decisions. its employees. ate a single job, grow the economy or Consider, too, Bob Sells, one of my Mr. Puckett’s company may now be help any small business to thrive, nor constituents and president of the Vir- shuttered in the face of two waves of does it address serious issues—the min- ginia-based division of a heavy con- sue-and-settle brick-making emissions imum wage, unemployment insurance, struction materials producer. His com- regulations that threaten to put his pay equity or immigration reform— pany and its workers were harmed by company and others like it out of busi- that would help so many American EPA cement kiln emission regulations ness. After time-consuming litigation, workers and businesses. Instead, the that were technically unattainable and the first regulations were thrown out only purpose of this bill is to strait- included provisions vastly changed in court but not before Mr. Puckett’s jacket the same rulemaking process from what EPA proposed for public company had already lost at least that protects countless Americans comment; other EPA emission regula- $750,000 in compliance costs and the en- every day. tions that were stricter than needed to tire industry had lost $100 million. The Title I of the bill imposes a 6-month protect health, gerrymandered to im- second replacement regulations threat- moratorium on rules. The rulemaking pose expensive controls on other types en to be twice as expensive, so expen- process is already transparent, delib- of emissions and which prohibited com- sive that Columbus Brick Company ex- erative, and exhaustively inclusive of monsense uses of cheap and safe fuel pects to have to downsize by two-thirds the views of small businesses and other that could actually help the environ- or close. interested parties. ment; and Department of Transpor- The translation for hardworking tation regulations that, without in- Americans employed by such busi- b 1700 creasing safety, vastly increased nesses is: higher prices for goods, fewer Adding an additional 6 months to record-keeping for ready-mix concrete job opportunities and lower wages. this process would do little except cre- drivers, unnecessarily limited their Title IV of the ALERRT Act helps ate uncertainty and increase compli- hours and suppressed their wages. people like Allen Puckett find out ance costs. Title II of the ALERRT Act helps to about sue-and-settle rulemaking deals Instead of cutting through red tape, protect people like Bob Sells and his in time, make sure their concerns are title II of the bill would add over 60 ad- workers from regulations that ask job heard by agencies and the courts, and ditional procedural and analytical re- creators to achieve the unachievable, have a fighting chance to achieve a quirements to the rulemaking process. do not help to control their stated reg- just result for themselves, their em- This is yet another clear message that ulatory targets, suppress hours and ployees, and the families and commu- this bill would lengthen, not shorten or wages for no good reason, and inundate nities that depend on them. streamline, the rulemaking process, Americans with unnecessary paper- In all of these ways and more, the thus undermining the regulatory cer- work. ALERRT Act brings urgently needed tainty and predictability that small Title III of the ALERRT Act offers regulatory reform to hardworking businesses rely on to make long-term long-needed help to small business peo- Americans, whether they are small decisions.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1973 In case the first two titles didn’t ade- expected costs, final rules, and cumu- due work in this area to save families quately convey the message that Re- lative regulatory costs, in general. from ever having to go through this publicans are dead serious about help- During President Obama’s first term, kind of grief again. ing deep-pocketed interests create reg- our Nation’s cumulative regulatory Now is the time for us to focus on ulatory mischief and confusion instead cost burden increased by $488 billion. getting people back to work and cre- of offering serious solutions, titles III Compounding the problem, this admin- ating good-paying local jobs. That is and IV would authorize virtually any istration has failed to make public, as why I support the Miller-Courtney party under the sun to challenge a pro- required by law, the effects of new reg- amendment and the underlying legisla- posed rule or intervene in litigation in ulations in a timely, reasonable man- tion. Federal court no matter their connec- ner. I urge ‘‘yes’’ votes on both. tion, or lack thereof, to the issue. The administration is required to Mr. GOODLATTE. Madam Chairman, Make no mistake. This bill is a wolf submit a regulatory agenda twice a at this time it is my pleasure to yield in sheep’s clothing. It would jeopardize year, but they have consistently failed 2 minutes to the gentleman from Mis- critical public health and safety regu- to do so on time. You will recall, souri (Mr. GRAVES), the chairman of latory protections and undermine the Madam Chairman, that in 2012 the ad- the Small Business Committee. very small businesses it claims to pro- ministration made neither disclosure Mr. GRAVES of Missouri. Madam tect. required by law until December, after Chair, I want to thank the chairman of By giving a handout to well-funded the general election. This deprived vot- the committee for working with us organizations to challenge proposed ers of the opportunity to see how pro- today. rules, consent decrees, and settlement posed regulations would increase prices I rise in support of H.R. 2804, the agreements at every opportunity, the for household goods, lead to stagnant ALERRT Act. This legislation rep- ALERRT Act would stack the deck wages, and decrease job opportunities. resents a very important effort to against the public interest and the This is important when Federal regula- bring some common sense and trans- American taxpayer. tions already place an average burden parency to an out-of-control regulatory And who would be harmed by this de- of almost $15,000 per year on each process that is stifling job growth, es- regulatory train wreck? Every Amer- American household. That is not a bur- pecially among small businesses. ican who wants to be able to breathe den that folks in this economy—or any I am especially pleased that legisla- fresh air and who wants to drink clean economy—should have to bear. tion which the Committee on Small water; every mother who wants safe Madam Chairman, this bill is not Business worked on, H.R. 2542, the Reg- formula for her baby and cribs that about shutting down the regulatory ulatory Flexibility Improvements Act, don’t collapse on the baby in the mid- process but about providing much- was incorporated into the ALERRT dle of the night; and every small busi- needed sunlight and transparency. It Act. Again, I want to thank Chairman ness competing for an edge in a mar- requires monthly online updates of in- GOODLATTE for working with the com- ketplace dominated by large, well- formation on planned regulations and mittee on the title of this bill. funded competitors. And the list goes their expected costs so everyone who is For over 30 years, agencies have been on and on and on. going to be affected can know, in real required by the Regulatory Flexibility I hope you will join me in my obser- time, how to plan for the regulations’ Act, or RFA, to examine the impacts of vation of stop government abuse by Re- impacts or how to cast their vote. regulations on small businesses. If publicans week and my opposition to The ALERRT Act is comprehensive those impacts are significant, agencies the ALERRT Act. reform that promotes economic growth must consider less burdensome alter- I urge my colleagues to oppose this and takes steps toward reform of the natives. The problem is that agencies dangerous legislation, and I reserve the regulatory system to provide the gov- still fail to comply with that law, and balance of my time. ernment accountability that our citi- the result is unworkable regulations Mr. GOODLATTE. Madam Chairman, zens deserve. that put unnecessary burdens on Amer- it is now my pleasure to yield 4 min- Mr. JOHNSON of Georgia. Madam ica’s best job creators, which are small utes to the gentleman from North Chair, I yield 2 minutes to the gen- businesses. Carolina (Mr. HOLDING), a member of tleman from Georgia (Mr. BARROW). In numerous hearings over the years, the Judiciary Committee and a con- Mr. BARROW of Georgia. I thank the the Small Business Committee has tributor of one of the bills that has gentleman for yielding. heard about the consequences that bur- been included in the ALERRT Act. Madam Chair, I rise today in support densome regulations have on farmers, Mr. HOLDING. Madam Chairman, I of H.R. 2804, the All Economic Regula- homebuilders, manufacturers, and rise in support of H.R. 2804, the tions Are Transparent, or ALERRT, many others. Instead of using their ALERRT Act. Act of 2013, and in support of the Mil- limited resources to grow and create I would like to thank Chairman ler-Courtney amendment. jobs, small businesses have to spend GOODLATTE, Chairman BACHUS, and the I am pleased that this legislation in- more time and money on regulatory gentleman from Georgia for their hard cludes the Regulatory Flexibility Im- compliance and paperwork. work and contributions to making this provements Act, a bill for which I am The Regulatory Flexibility Improve- legislation better. an original cosponsor with my Repub- ments Act is going to eliminate loop- In my district in North Carolina, lican colleague from Alabama (Mr. holes that agencies have used to avoid small businesses are a primary driver BACHUS). compliance with the RFA. Most impor- of the economy. The businesses, like There are 30 million small businesses tantly, it requires agencies to gen- many across the country, are being in America, and they employ over half erally scrutinize the impacts of regula- harmed by excessive regulations. Ex- of our workforce. These are companies tions on small businesses before they cessive regulations mean lower wages in my district like Sarah in the City in are finalized. for workers, fewer jobs, and higher Baxley or Buona Caffe in Augusta. Examining whether there are less prices for consumers. Every day they open their doors and go burdensome or less costly ways to im- Oftentimes, Madam Chairman, small to work helping American families and plement a regulation just makes com- businesses are not given enough notice drive American commerce. mon sense. Reducing unnecessary regu- of how new regulations will affect their I also rise in support of the Miller- latory burdens frees up scarce time, everyday operations. They are faced Courtney amendment. In February of money, and resources that small busi- with tough decisions like whether to 2008, 14 people were killed and 40 people nesses can use to expand their oper- cut workers’ hours or wages or adjust were injured in a combustible dust ex- ations and hire new employees. their business plan elsewhere. That is plosion at the Imperial Sugar refinery The Regulatory Flexibility Improve- why I introduced the ALERRT Act, to in Port Wentworth, Georgia. Since ments Act is bipartisan legislation. It ensure that the administration pub- then, I have worked with my colleague, has strong support among the business lishes its regulatory agenda in a timely Mr. MILLER, to pressure OSHA to miti- communities. It simply requires agen- manner and provides annual disclo- gate this known hazard. I am hopeful cies to do their homework before they sures about planned regulations, their that OSHA can complete its long-over- regulate. If agencies do their work,

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1974 CONGRESSIONAL RECORD — HOUSE February 26, 2014 more Americans are going to be work- the All Economic Regulations Are tervene in the rule-making of other agencies; ing. Transparent Act. and (4) requiring federal agencies to file Mr. JOHNSON of Georgia. Madam I also offered an amendment dealing monthly reports on the status of their rule- Chair, I yield 4 minutes to the gentle- with baby formula. For those of us making activities. woman from Texas (Ms. JACKSON LEE). mothers who have raised children and I cannot support this legislation in its Ms. JACKSON LEE. I want to thank tend to their needs as newborns and present form for two reasons, one procedural my good friend, Congressman JOHNSON, use infant formula, it is well known and one substantive. for his leadership and the management that there is a great need to regulate Procedurally, I oppose the bill because in its of this legislation. companies that manufacture infant present form it was never considered by the I would just like us to take a journey formulas in an effort to protect babies Judiciary Committee. This bill was reported by down memory lane: from food-borne illnesses and promote the Oversight and Government Reform Com- I am sure that many of us will be re- healthy growth. mittee on a party line 19–15 vote but was not minded of the famous Pinto and the On Thursday, the FDA announced acted on by Judiciary Committee. crafting of that automobile. I have no plans to revise, earlier this month, in- As reported, the bill contained only provi- commentary on the great industry that fant formula regulations with an in- sions relating to monthly reporting require- so many of us admire, but for those of terim final rule that will be published ments regarding agency rule-making. us who have memories, we realize some soon. But guess what. The legislation But the bill being brought to the floor now of the injuries that occurred in the that we have will stand in the way as includes three additional and very controver- structure of the Pinto; an iron wall, if you will, prohibiting sial Judiciary bills (H.R. 2122, Regulatory Ac- Or maybe it is cars without seatbelts any rule from being finalized until cer- countability Act; H.R. 1493, Sunshine for Reg- or airbags; tain information is posted for 6 ulatory Decrees and Settlements Act; and H.R. 2542, Regulatory Flexibility Improve- Or maybe we recall times when we months. ments Act). travel throughout our community and How long will 6 months be in the life This is not the way to legislate on matters we notice not only a heavy fog but pol- of an infant? that have such serious consequences for the luted air. Maybe some of us have been The CHAIR. The time of the gentle- exposed to polluted water; public health and safety. woman has expired. Substantively, I oppose the bill because it Or maybe you traveled internation- Mr. JOHNSON of Georgia. Madam ally, even in the 21st century, seeing imposes unneeded and costly analytical and Chair, I yield the gentlewoman an addi- procedural requirements on agencies that the conditions that many who live out- tional 1 minute. side of the United States live in, with would prevent them from performing their stat- Ms. JACKSON LEE. It will override utory responsibilities to protect the public the utilization of dirty water because existing statutes, such as the Clean Air they have no other water or the food health and safety. and Clean Water Act, and override any I oppose the bill also because it creates un- danger because it is not regulated. aspect of regulating this important necessary regulatory and legal uncertainty, in- Well, my friends, unfortunately, the food product, adding more than 60 addi- creases costs for businesses and State, local legislation that is here on the floor of tional procedural and analytical re- and tribal governments, and impedes com- the House seems to take us backwards quirements to the FDA’s work on try- mon-sense protections for the American pub- down a poisonous memory lane. So it is ing to help babies and making it easier lic. very difficult to support this legisla- for rules to be delayed or stopped by al- Madam Chairman, the bill is unnecessary tion. lowing regulated industry and entities and invites frivolous litigation. When a federal I said today in a committee hearing to intervene. agency promulgates a regulation, it already that I know that Members come here And so, in actuality, this is not sav- must adhere to the requirements of the statute with good intentions. So I will not at- ing money. It will be a quagmire of that it is implementing. tribute to anyone that this bill does spending money. In the meantime, the Agencies already must adhere to the robust not come to the floor with good inten- protections of our innocent babies who and well-understood procedural requirements tions, but it is a bill that has not been, demand the responsibility of adults to of federal law, including the Administrative as a whole, considered by the Judiciary protect the food products that they Procedure Act, the Regulatory Flexibility Act Committee. need for life by good regulations will be (RFA), the Unfunded Mandates Reform Act of This is now being brought to the stopped. 1995 (UMRA), the Paperwork Reduction Act floor with three separate bills com- b 1715 (PRA), and the Congressional Review Act. bined, now called the ALERRT Act. Regulatory agencies already are required to But it really imposes unneeded and Well, Madam Chairman, I don’t want promulgate regulations only upon a reasoned costly analytical and procedural re- to go back down memory lane and hor- determination that the benefits of the regula- quirements on agencies that would pre- rible car crashes and no seatbelts and tions justify the costs and to consider regu- vent them from performing their statu- no airbags and polluted air and dan- latory alternatives. Final regulations are sub- tory responsibilities to protect the gerous water. That is what we will be ject to review by the federal courts which, public health and safety. This, I be- doing. among other things, examine whether agen- lieve, is an important responsibility. It I look forward to introducing my cies have satisfied the substantive and proce- creates unnecessary regulatory and amendment on the floor regarding the dural requirements of all applicable statutes. legal uncertainty and increases costs U.S. Department of Homeland Secu- Finally, Madam Chairman, H.R. 2804 in its for businesses and State, local, and rity. I can’t imagine that my col- current form does not include an exemption tribal governments and impedes plain leagues would want to stand in the way for rules promulgated by the Department of common sense. of securing America. Homeland Security to protect the safety of the I will offer an amendment dealing With that in mind, I hope that we American people and the security of our coun- with homeland security. We just had a will find a way to defeat this legisla- try. hearing today that emphasized the im- tion, or to make it better, and ask our For this reason, I offered an amendment portance of the work of the Homeland colleagues who are they standing for. that provides this important exception and I Security Department. With our new Madam Chair, I rise today to speak on H.R. thank the Rules Committee for making it in Secretary of Homeland Security, Sec- 2804, the ‘‘All Economic Regulations Are order. retary Johnson, we are very much on Transparent Act of 2014,’’ the so-called The security of the homeland is one of the the right track, recognizing franchise ‘‘ALERRT Act.’’ most preeminent concerns of the federal gov- terrorism and the need for securing the H.R. 2804 makes numerous changes to the ernment. The increased need for national se- border. Much of the work done by federal rule-making process, including: (1) re- curity following the attacks of September nth Homeland Security is a regulatory quiring agencies to consider numerous new makes it important that the Department of structure. criteria when issuing rules, such as alter- Homeland Security not be unduly impeded in Why would we want to impede secur- natives to rules proposals; (2) requiring agen- the promulgation of rules that may preempt at- ing America? cies to review the ‘‘indirect’’ costs of proposed tacks against our nation. Well, my friends, that is what is and existing rules; (3) giving the Small Busi- Unnecessary delays to rules set forth by the going to occur with this legislation, ness Administration expanded authority to in- Department of Homeland Security can wastes

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 9920 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1975 scarce resources that keep our nation safe as from Pennsylvania, KEITH ROTHFUS, to These settlements shut out affected well as impede the regular operations of the fix these problems. This amendment States, local governments, private agency. will help protect middle class jobs and property owners, and other stake- The Jackson Lee Amendment to H.R. 2804 wages. It is exactly the kind of reform holders who deserve to know that the will improve the bill. But, on balance, the bill that will make America work again. most current and best scientific data is still has too many defects and should not be Americans should not have to settle being used on these decisions. passed by this body. for the ‘‘new normal’’ of slow economic In my own district, the Fish and Mr. GOODLATTE. Madam Chairman, and job growth that the Obama admin- Wildlife Service just listed a plant sub- at this time it is my pleasure to yield istration seems to have embraced. We, species, despite clear data showing that 1 minute to the gentleman from Vir- in this House, reject this ‘‘new normal’’ the plant was not a species likely to go ginia (Mr. CANTOR), the majority lead- and we will continue to fight to create extinct. In other words, settlement er. an America that works again. deadlines trumped the science. Mr. CANTOR. Madam Chair, I thank I want to thank the gentleman from Let me give a couple of examples. the gentleman from Virginia. Virginia, Chairman GOODLATTE, and These settlement listings could result Madam Chair, I rise today in support Representatives HOLDING, COLLINS and in a listing of the Lesser Prairie Chick- of the ALERTT Act and in defense of BACHUS, who have worked hard on this en that would impact five Western working middle class families who face bill before us, and I urge my colleagues States, and next year the listing of the the danger that overzealous Wash- in the House to support working mid- Greater Sage Grouse could cover an ington regulators will destroy their dle class families by supporting this area of 250 million acres in 13 Western jobs and impose new red tape that cuts bill. States. their wages. Mr. JOHNSON of Georgia. Madam Then there is the long-eared bat that An America that works allows small Chair, I yield myself such time as I could impact 39 Midwestern and East- businesses to flourish, jobs to be cre- may consume. ern States. ated, and for folks to have more take- Mining, construction work, manufac- That is not all, Madam Chairman. home pay in their pockets. America turing, those are the kinds of liveli- The settlements also mandate deci- doesn’t work when Washington regu- hoods that have made this country a sions for 374 aquatic species in the Gulf lators impose more red tape on busi- great nation, people being able to go to of Mexico. nesses, large and small, regardless of work with a lunchbox in hand and work The point is, important ESA discus- the cost. This bill fixes that. hard every day, make a decent wage. sions should not be forced by arbitrary Madam Chair, I hear a lot on this By the way, $7.25 an hour for a full- court decisions or deadlines, or nego- floor about the warnings of days gone time worker would equate to about tiated behind closed doors by Federal by and the fearmongering attached to $14,500 a year. That is just simply not lawyers supposedly on behalf of the trying to at least instill some account- enough for a working person to raise a public interest. ability on this bureaucracy in Wash- family and take care of that family. This legislation aims to help correct ington. I don’t think any of us on ei- They need help when they make $7.25 this abuse by ensuring affected States ther side of the aisle wants to defend an hour. They would need help from and other parties can have a say in set- overzealous bureaucrats and imposing the government if they couldn’t rely on tlements before an unelected judge unnecessary burdens that have clogged friends and relatives for support. signs them, and it ensures that no set- this economy. So that is a shame, in this day and tlement moves forward without the Now, America doesn’t work when time, where a person working a manu- public knowing what is in it. special interest groups use the courts facturing job, or even a job in a mine I thank the gentleman for yielding. to impose backroom regulations that or on a construction site, would be Mr. JOHNSON of Georgia. Madam destroy jobs and reduce take-home pay. making $7.25 an hour. Chair, I yield myself such time as I This bill before us fixes that. We should, perhaps, Madam Chair, be may consume. Now, make no mistake, excessive red paying attention to income generators Madam Chair, oh, how I wish that my tape hurts working middle class fami- such as that kind of legislation, as op- friends on the Republican side of the lies. For example, it was recently re- posed to legislation like H.R. 2804, aisle cared as much about America’s ported that a proposed OSHA regula- which would simply make it difficult workers as they do about America’s big tion would impose costs on a portion of to protect those workers in those un- businesses. the growing domestic energy sector safe occupations like mining, like con- Oh, how I wish that they cared more equal to $1,120 per affected employee. struction work, like manufacturing, to let a minimum wage bill come to These employees should not have to keeping the work site, the job place the floor, where I believe that most worry that the proposed regulations safe. Regulations are what do that. Members of the House of Representa- could mean smaller paychecks. With that, Madam Chair, I reserve tives would find it within their hearts Or take, for example, another emerg- the balance of my time. to realize that $7.25, you just can’t ing practice of Washington regulators Mr. GOODLATTE. Madam Chairman, make it on that without help. Every- that hides the real impact that exces- at this time it is my pleasure to yield one who goes out and works hard every sive regulation has on jobs. Under the 2 minutes to the gentleman from Wash- day should be able to be paid a fair liv- pretense of minimal regulatory impact, ington (Mr. HASTINGS), the chairman of ing wage and be able to support them- this administration argues that the the Natural Resources Committee. selves and their family. jobs lost, for instance, in mining, man- Mr. HASTINGS of Washington. Madam Chair, I reserve the balance ufacturing, or construction, will be off- Madam Chair, I thank the gentleman of my time. set by new jobs in regulatory compli- for yielding. Mr. GOODLATTE. Madam Chairman, ance. Therefore, a majority of their I rise to support this measure, and at this time it is my pleasure to yield regulations look a lot better and not as particularly the portion that is spon- 2 minutes to the gentleman from Texas harmful. sored by our colleague from Georgia (Mr. SMITH), a member of the Judiciary This is wrong. This is not being (Mr. COLLINS) that will ensure trans- Committee, and chairman of the straight with the public. We must de- parency of Federal agencies’ litigation Science, Space, and Technology Com- liver transparency and accountability settlement practices. mittee. on the part of this administration and In 2011, the Obama administration Mr. SMITH of Texas. Madam Chair- its bureaucracy. entered into a mega-settlement, which man, I thank the gentleman from Vir- I doubt it is any solace to the plant was a closed-door, sweeping Endan- ginia, the chairman of the Judiciary worker who loses his or her job because gered Species Act settlement with two Committee, for yielding me time this of regulations that a new job in an- litigious groups that greatly increased afternoon. other sector will be created to comply the ESA listings and habitat designa- Madam Chairman, I support H.R. with these regulations. tions that could impact tens of thou- 2804, the Achieving Less Excess in Reg- Today, we will consider an amend- sands of acres and thousands of river ulation and Requiring Transparency ment by a colleague, the gentleman miles across the country. Act, known as the ALERTT Act.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1976 CONGRESSIONAL RECORD — HOUSE February 26, 2014 One of the biggest concerns that I This amount, which includes not Mr. JOHNSON of Georgia. Madam hear from Texas employers is the ava- only monetary savings, but also lives Chair, I reserve the balance of my lanche of unnecessary Federal regu- saved and injuries prevented, is more time. latory costs. Regulation redirects than 25 times the net benefits through Mr. GOODLATTE. Madam Chairman, scarce capital from investment and job the third fiscal year of the previous ad- at this time, it is my pleasure to yield creation to compliance with the Fed- ministration, and these are important 4 minutes to the gentleman from Ala- eral Government. In fact, the Small points that I believe my friends on the bama (Mr. BACHUS), the chairman of Business Administration has deter- other side of the aisle like to omit the Regulatory Reform, Commercial, mined that Federal regulations cost from their analysis. and Antitrust Law Subcommittee, who the economy $1.75 trillion each year. With that, I reserve the balance of has worked so closely with us on this This commonsense legislation is an my time. legislation and who is the sponsor of omnibus package of regulatory relief Mr. GOODLATTE. Madam Chairman, one of the pieces of the ALERRT Act. bills that the Judiciary Committee has at this time, it is my pleasure to yield Mr. BACHUS. I thank the chairman. worked on in recent years to protect 2 minutes to the gentleman from Ken- Madam Chairman, when the law is businesses. I previously authored two tucky (Mr. BARR). against you, argue the facts. When the of the bills that are included in H.R. Mr. BARR. Madam Chair, I thank the facts are against you, argue the law. 2804, and appreciate their being consid- chairman for his leadership on the When the law and the facts are against ered again this Congress. ALERRT Act, and I appreciate the op- you, yell like hell and call your oppo- The ALERTT Act adds transparency portunity to respond to my friends on nent names; and that is what we are to the regulatory process. It strength- the other side of the aisle who talk seeing here. ens existing laws in order to prevent about the importance of taking into This is a good law that we are pro- Federal agencies from bypassing cost- consideration workers in America. posing. The facts are on our side. And benefit analyses designed to protect And I would submit, Madam Chair, I have got to hand it to the gentleman small businesses, and the bill requires that if we truly are interested in the from Georgia—crib-collapsing, baby Federal agencies to pick the least cost- interests of American workers, we formula-poisoning Republicans—you ly alternative rule to achieve that stat- would vote immediately to pass regu- have done a good job, but let’s go back utory goal. latory relief in the form of the to the facts. Get rid of the rhetoric, H.R. 2804 limits organizations’ ability ALERRT Act. and talk about the facts. to bring sue-and-settle lawsuits against If my friends on the other side of the The number one fact is that America Federal agencies. These lawsuits result is out of work. The chairman men- in one-sided regulations that shut aisle were truly interested in the wel- fare of the working people of America, tioned that. The gentleman from Ken- stakeholders out of the process. The tucky, ANDY BARR, talked about people ALERTT Act restores the proper bal- they would stop the overly burdensome regulation that is putting the Amer- out of work. This country needs jobs. ance to regulatory consent decrees and Now, you have accused us of being settlements. ican people out of work. In Kentucky, in my home State, if against the American worker. We want Madam Chairman, I thank Chairman American workers; we want people to GOODLATTE and my colleagues for their you don’t think this is true, consider have jobs; and to be an American work- efforts to provide much-needed regu- the facts, and the facts are these: that the unemployment rate in eastern Ken- er, you have to have a job. latory relief to American businesses, We can talk about the wages, but tucky is 11⁄2 percent higher than the and I urge adoption of H.R. 2804. when you are unemployed, there is no Mr. JOHNSON of Georgia. Madam national average. There is not a reces- wage. You talk about the American Chair, I yield myself such time as I sion in eastern Kentucky. Dream, owning a home. It’s not any- may consume. It is a depression, and it is a depres- Madam Chairman, the majority de- sion because of overly burdensome reg- more. It is just having a job. And 14 percent of our gross domestic liberately downplays the benefits of ulations coming out of the EPA, which product is absorbed by Federal regula- regulation and exaggerates the cost of are putting thousands of my fellow tions. Now, some of those are good reg- regulation, when in fact, the benefits of Kentuckians and all of our fellow ulations. We are not down here on the regulation far exceed the costs, wheth- Americans out of work. floor wanting to repeal some safety er those benefits are defined in mone- These are heartless policies. We have regulations for cribs. We are not trying tary terms or in terms of promoting lost 7,000 jobs in Kentucky’s coal mines to loosen the regulations on baby for- values like protecting public health in just the last 5 years, bringing coal mula. and safety, and ensuring civil rights industry employment in the Common- We are attacking—and let me say and human dignity. wealth to its lowest level since 1927. If The explosion that occurred down in you want to talk about the welfare of that there are good regulations; there Texas not too long ago that wiped out workers, these people need paychecks. are bad regulations; and then there are an entire town, I believe it was a fer- It is because of unaccountable, overly some really ugly regulations. $1.8 tril- tilizer plant. Many lives lost. If there burdensome regulations, unaccount- lion is the annual price tag in com- had been adequate legislation and ade- able bureaucrats in the executive plying with Federal regulations. That quate regulation to protect those peo- branch, that these people no longer is not income tax. That is not health ple and the workers in the plant, then have the opportunity to provide for care. That is Federal regulations. those folks would still be here today. their families. This is wrong. We need The Small Business Administration, What we are doing with this legisla- to roll back these burdensome regula- not some Republican, said it costs tion is preventing the promulgation of tions. $11,000 per American worker to comply the kinds of rules that would protect I would just say this in conclusion, with Federal regulations—$11,000. We the health and safety of people Madam Chair. It is dangerous when we are not saying that all of that is bad, throughout America, not just workers, combine legislative power into the but we are saying that of the hundreds but people who have to eat, people who hands of the executive branch. Madi- of thousands of Federal regulations— have to drink, people who have to son, in Federalist Paper No. 47, in and, by the way, of that $1.8 trillion, breathe. The benefits of regulation far quoting Montesquieu, said: $520 million of that burden was passed outweigh the costs. in the last 4 years, and there are $87 The accumulation of all powers, legisla- billion worth of regulations waiting b 1730 tive, executive, and judiciary, in the same hands; whether of one, a few, or many, and just this year to be passed. A 2012 draft of the Office of Manage- whether hereditary, self-appointed, or elec- Now, the Federal Reserve and Treas- ment and Budget report to Congress on tive; may justly be pronounced the very defi- ury, they come to testify at the Finan- the costs and benefits of regulations nition of tyranny. There can be no liberty cial Services Committee every year, concluded that the net benefits of regu- where the legislative and executive powers and they say: If you can increase the lation promulgated through the third are united in the same person. gross domestic product by 2 percent, fiscal year of the Obama administra- That is what is happening in America we can create jobs—2 percent, if we can tion have exceeded $91 billion. today. grow it from 2 to 4 percent. Well, let

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1977 me submit that, of that 14 percent of Agencies are already required to pro- b 1745 the gross national product that is ab- vide status updates twice a year on David Park, the cofounder and cre- sorbed by Federal regulations, we can their plans for proposing and finalizing ator of Job Creators Alliance, wrote in find one out of seven of those regula- rules pursuant to the Regulatory Flexi- 2012: tions to change. bility Act and Executive Order No. Immigration reform is key to spurring in- I will close by telling you a good one. 12866. novation and getting the economy back on The chairman started by talking about This legislation would require agen- track. I am a small business owner who real- the cement industry. The EPA pro- cies to report monthly. They are al- izes the role legal immigrants play in cre- posed a regulation that would have put ready required to report twice a year. ating new jobs. As founder and CEO of a bou- 200,000 American cement workers out This takes them to monthly. It is in- tique merchant bank, I have started or ac- quired nearly 30 small and midsize compa- of work. credibly burdensome on agencies. nies, creating hundreds of jobs for Americans When we asked why, they said it is But the most egregious provision in across the country. I am also an immigrant because of mercury and arsenic in the title I would prohibit agency rules and an example of how highly skilled immi- air. And we had a map, and it showed from taking effect until the Office of grants educated in the United States can no mercury or arsenic around any of Information and Regulatory Affairs drive job creation right here. our cement plants, and we said, well, has posted the information required by So immigration reform, Madam where is this mercury and arsenic com- the bill online for at least 6 months. Chair, is a job creator. We can’t seem ing from? China and Mexico. This moratorium can only be avoided if to get an immigration bill—which, by The CHAIR. The time of the gen- the agency claims an exception from the way, has been passed by the Sen- tleman has expired. the notice and comments requirements ate. We can’t get it heard by this Con- Mr. GOODLATTE. Madam Chairman, of the Administrative Procedure Act or gress. We cannot bring a bill to the it is my pleasure to yield an additional if the President issues an executive floor that would pass the House that 1 minute to the gentleman from Ala- order. Therefore, it delays most regula- would result in comprehensive immi- bama. tions by an additional 6 months. gration reform. We cannot bring a bill Mr. BACHUS. But our response I think we can all agree that trans- to the floor of the House that would wasn’t to go to Mexico or China. Well, parency in the rulemaking process is a provide for a raise for Americans who it was, really. Our response was to good thing, but this bill sacrifices com- work for $7.25 an hour, full-time. $14,500 raise our standards or tighten our mon sense in the name of improving a year is simply not enough to feed the standards to be three times more strin- transparency without achieving any family and take care of one’s self. We gent than the EU. It would have cost kind of meaningful transparency. can’t get job-creating bills that would all the profits of the cement industry Agencies already make significant stimulate our economy by providing for 25 years to comply. amounts of information available dur- for dollars to go towards transpor- When I asked someone at the EPA ing the rulemaking process on the Web tation and towards repairing and en- and I said, Well, wait a minute, the pol- site www.regulations.gov. This bill hancing our infrastructure. Instead, we lution is not coming from our plants, it could simply require agencies to make get caught up on messaging bills like is coming from Mexico and China, they additional information publicly avail- the achieving less excess in regulation said: That is not our problem. able, but it doesn’t do that. and requiring transparency act of 2014, Yes, it is. Just like Andy Barr’s prob- Under this bill, an agency could post also known as the ALERRT Act. I oppose this bill for numerous rea- lem, because his workers are being put information about the cost of a pro- sons, the most important of which is out of a job, it is all of our problems. It posed rule on its own Web site for a that it would jeopardize critical public is my problem. It is your problem. It is year; but if the administrator of the health and safety regulatory protec- his problem. We are up here standing Office of Information and Regulatory tions. For example, the bill requires for the American worker. Affairs didn’t post the information for agencies to consider potential costs If we grow this economy by 2 or 3 at least 6 months, the agency would be and benefits associated with proposed more percent, we won’t have a problem prohibited from finalizing the rule. and final rules, notwithstanding any with jobs, and these regulations will Madam Chair, my amendment would other provisions of law. This superman- start that process. strike the moratorium provision in date would effectively trump all other Mr. JOHNSON of Georgia. Madam title I. Striking that provision would statutes—such as the Clean Air Act, Chair, the gentleman speaks elo- ensure that an agency rule will not be the Clean Water Act, and the Occupa- quently as a lawyer, and he makes ex- needlessly held up because the Office of tional Safety and Health Act—that cellent points. Information and Regulatory Affairs did prohibit or limit the use of cost infor- Regulations do cost. So out of a $15 not post a piece of information online mation in setting health and safety trillion gross domestic product, $1.8 for exactly 6 months. standards. trillion dedicated for regulatory ex- I have been assured by the Congres- In addition, title II of the bill would penses which protect lives—I can’t put sional Budget Office that my amend- require agencies and Federal courts to a value on one human life—but tens of ment is revenue-neutral. I urge Mem- consider whether a rule has ‘‘signifi- thousands, hundreds of thousands of bers to vote for my amendment. cant adverse effects on . . . the ability people are dying because of unsafe con- Mr. GOODLATTE. Madam Chairman, of United States-based enterprises to ditions on the job. It is certainly worth I have no further requests for time. I compete with foreign-based enterprises $1.7 trillion out of $15 trillion in a year. believe that I have the right to close, in domestic and export markets.’’ The I yield 4 minutes to the gentleman so if the gentleman from Georgia would practical effect, Madam Chair, of this from Pennsylvania (Mr. CARTWRIGHT). proceed, I will reserve the balance of definition is that it will require agen- Mr. CARTWRIGHT. Madam Chair- my time. cies and the courts to consider the man, this bill is being brought to the Mr. JOHNSON of Georgia. Madam business and regulatory environment floor during this week that has been la- Chair, my colleague from Alabama said of other nations. beled ‘‘stop government abuse week.’’ I that we all need to come together to Consider, for example, a proposed am here to say that this is a bill that find real solutions to create jobs. I sub- rule that imposes heightened clean air has some stopping power, all right. mit that one way that we could create requirements on American steel manu- It would stop the government from jobs, in addition to making sure that facturers. H.R. 2804 would necessarily protecting our health and safety by we have equal pay for equal work and require consideration of whether this bringing the regulatory process to a that we increase the minimum wage to regulation—which could potentially re- grinding halt. a living wage, another way to do that sult in higher compliance costs—could And I want to address title I of this is through immigration reform. make American steel products less antiregulatory package right now. It The Chamber of Commerce and small competitive in a country, such as includes the text of the All Economic businesses everywhere have come to- China, that has a much less stringent Regulations are Transparent Act. This gether in support of comprehensive im- or no regulatory regime. legislation, Madam Chairwoman, is un- migration reform. Why? Because it cre- While the economic analysis under necessarily burdensome for agencies. ates jobs. this requirement may be deceptively

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1978 CONGRESSIONAL RECORD — HOUSE February 26, 2014 simple, its dangerous ramifications for For all of those reasons, Madam of the American Dream, when Mr. Karl public health cannot be underesti- Chair, I oppose this legislation, and I Harris of Wichita, Kansas, says that mated. Chinese officials have only re- would ask my colleagues to do the one-quarter of the cost—one-quarter of cently begun to acknowledge the same. the cost of a home today is in the form health hazard risks presented by exten- I yield back the balance of my time. of regulation, the cost of those regula- sive air pollution; and if you have been Mr. GOODLATTE. Madam Chairman, tions. over there and tried to breathe, you I yield myself the balance of my time, With this legislation in place, busi- know that the air is greatly polluted and I urge my colleagues to support nesses across America and workers over there. And so the Chinese have fi- this commonsense legislation. across America will experience an in- nally awakened to that fact, but the Let’s begin by reviewing the facts: crease in their profitability and an in- end result is that the public health of $1.8 trillion plus—and that is just Fed- crease in their wages. We don’t need to Americans and the safety of the envi- eral Government regulations, mind have government interference in the ronment would be compromised so that you. That is not State government reg- marketplace with regard to wages. American manufacturers can better ulations or local government regula- They would rise on their own if the compete with their foreign counter- tions. $1.8 trillion, one-eighth of the government would take practical steps parts. This is a shortsighted regulatory total economic production of our coun- in reviewing regulations before they race to the bottom that prioritizes try, is spent on government regula- are implemented in this country. profits over saving lives. tions. Some of those regulations are Finally, let me say that this is all Another fundamental flaw with H.R. necessary, and this law by no means about the individual and their freedom. 2804 is that it will greatly lengthen and eliminates the regulations. It puts Government regulation suppresses free- not shorten the already time-con- them through a process whereby we dom of ideas and of implementing new suming process by which Federal rules will know that the regulations are ways of doing things. Yes, we need to are promulgated. Avoiding undue delay needed and are done in the most cost- have regulations to protect safety in in rulemaking is important because effective way and in the most common- the workplace. Yes, we need to have strong regulation is vital to protecting sense way. regulations to protect the environ- Americans in nearly every aspect of What will be the result of that? ment, but they need to be common- their lives. On average, Madam Chair, Lower costs for goods and services; sense regulations that are going about it takes between 4 to 8 years for an lower taxes for Americans who face, doing what needs to be done and no agency to promulgate a new rule. But right now, an average per-family cost more, and are going about doing what instead of streamlining the rulemaking of $11,500 a year in higher costs of needs to be done in the most effective process, this bill extensively adds nu- goods and services and higher taxes as way, and they are going about doing merous procedural hurdles to the proc- a result of regulatory burdens. So what needs to be done in a way that ess. imagine if some of that money were re- the people who are going to be im- In title II of the bill, 60 additional duced what the savings would be. Imag- pacted by those regulations, who are procedural steps to the rulemaking ine what it would do to job creation in going to see their businesses lost, their process are included. Not only that, our country. workers lose their jobs and not even title II reinstates a long discredited We have talked a lot about manufac- have any notice that this is going to rulemaking process that requires trial- turing here today. Last year, for the occur. type procedures. Known as formal rule- first time in history, manufacturing in I urge my colleagues to support this making, this time-consuming process the United States reached $2 trillion in important legislation and yield back was widely rejected decades ago as production—$2 trillion. It sounds re- the balance of my time. being highly ineffective. markable until you consider that regu- Mr. CONYERS. Madam Chair, I rise in strong opposition to H.R. 2804, the ‘‘Achieving Recently proposed regulations that lations cost $1.86 trillion—just Federal Less Excess in Regulation and Requiring could be impacted by this and other Government regulations almost wiping provisions in the bill include rules im- Transparency Act of 2014,’’ also known as the out the entire economic production of plementing the Food Safety Mod- so-called ALERRT Act. the manufacturing sector of our econ- ernization Act’s standards to reduce I oppose this bill for numerous reasons, the omy if all those regulations apply to food contaminants like salmonella, and most of important of which is that it would manufacturing, which, of course, they that would help prevent 1.75 million jeopardize critical public health and safety reg- do not. cases of illness. ulatory protections. But consider the impact on individ- Another thing that would be inter- For example, the bill requires agencies to uals. Consider the impact upon Rob rupted, another rules process, strength- consider potential costs and benefits associ- ening chemical facility accident pre- James, the city councilman in Avon ated with proposed and final rules vention standards in response to the Lake, Ohio, who is experiencing re- ‘‘[N]withstanding any other provision of law.’’ 2013 fertilizer explosion in West, Texas, duced revenues coming in to meet This ‘‘supermandate’’ would effectively that resulted in the deaths of 12 volun- basic obligations like education and trump all other statutes—such as the Clean teer firefighters and two other individ- emergency services because regula- Air Act, the Clean Water Act, and the Occupa- uals. tions of power plants with unnecessary tional Safety and Health Act—that prohibit or Another interruption would be pre- ideologically driven anti-fossil fuel limit the use of cost information in setting venting the manufacture and distribu- burdensome regulations are expected health and safety standards. tion of tainted and counterfeit pre- to destroy jobs in Avon Lake. In addition, title II of the bill would require scription drugs. Consider the job loss in the business agencies and federal courts to consider Also impacted would be the imple- of Mr. Allen Puckett and his brick whether a rule has ‘‘significant adverse effects mentation of the Justice Department’s manufacturing company in Mississippi on . . . the ability of United States-based en- national standards to prevent, detect, who expects to have to lay off two- terprises to compete with foreign-based enter- and respond to prison rape. thirds of his employees because of the prises in domestic and export markets.’’ The Another interruption would be ad- second round of sue-and-settle brick- practical effect of this definition is that it will justing the reimbursement rates to making emissions regulation where require agencies and the courts to consider Medicare providers for end-stage renal somebody sues, and the regulatory the business and regulatory environments of disease and setting payments to pri- agency makes a settlement of that in a other nations. mary care physicians under the Vac- friendly case that Mr. Puckett and his Consider, for example, a proposed rule that cines for Children Program. employees didn’t even know about the imposes heightened clean air requirements on It would also stop the establishment process where the suit was being American steel manufacturers. of meal requirements for the National brought and couldn’t enter into it and H.R. 2804 would necessarily require consid- School Lunch Program under the say this is what is going to happen if eration of whether this regulation—which could Healthy, Hunger-Free Kids Act of 2010. you have to implement these regula- potentially result in higher compliance costs— It would prevent implementation of tions. could make American steel products less com- the Labor Department’s standards for Or consider the impact on the cost of petitive in a country, such as China, that has H–2B aliens in the United States. buying a home, one of the basic parts a much less stringent regulatory regime.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 9920 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1979 While the economic analysis under this re- hood of Teamsters; The UAW; The League of Sec. 1. Short title; table of contents. quirement may be deceptively simple, its dan- Conservation Voters; The National Women’s TITLE I—ALL ECONOMIC REGULATIONS gerous ramifications for public health cannot Law Center; The Natural Resources Defense ARE TRANSPARENT ACT be underestimated. Chinese officials have only Council; People for the American Way; Public Sec. 101. Short title. recently begun to acknowledge the health haz- Citizen; the Sierra Club; Service Employees Sec. 102. Office of Information and Regu- latory Affairs publication of information ard risks presented by extensive air pollution International Union; the Union of Concerned relating to rules. that affects its cities, including its capital. Scientists; and the United Steelworkers; just to TITLE II—REGULATORY ACCOUNTABILITY The end result is that the public health of name a few. ACT Americans and the safety of the environment Likewise, the Administration issued a Sec. 201. Short title. will be compromised so that American manu- strongly worded veto threat against this bill. It Sec. 202. Definitions. facturers can better compete with their foreign warns that the bill ‘‘would impose unneeded Sec. 203. Rule making. counterparts. and costly analytical and procedural require- Sec. 204. Agency guidance; procedures to issue major guidance; presidential author- This is a shortsighted regulatory ‘‘race to the ments on agencies that would prevent them bottom’’ that prioritizes profits over saving ity to issue guidelines for issuance of from performing their statutory duties.’’ guidance. lives. Finally, H.R. 2804 will give well-funded, anti- Sec. 205. Hearings; presiding employees; pow- Another fundamental flaw with H.R. 2804 is regulatory interests even more opportunities to ers and duties; burden of proof; evidence; that it will greatly lengthen—not shorten—the derail rulemaking. record as basis of decision. already time-consuming process by which fed- Sec. 206. Actions reviewable. Agencies often spend many months, if not eral rules are promulgated. Sec. 207. Scope of review. years, to perfect theses rules based on feed- Sec. 208. Added definition. Avoiding undue delay in rulemaking is im- back from these sources and their own exper- Sec. 209. Effective date. portant because strong regulation is vital to tise. TITLE III—REGULATORY FLEXIBILITY protecting Americans in nearly every aspect of Under the bill, however, well-funded regu- IMPROVEMENTS ACT their lives. Sec. 301. Short title; table of contents. On average, it already takes between 4 to lated industries could exert even more influ- Sec. 302. Clarification and expansion of rules 8 years for an agency to promulgate a new ence over federal rulemaking than they al- covered by the Regulatory Flexibility Act. rule. ready do. Sec. 303. Expansion of report of regulatory But, instead of streamlining the rulemaking For instance, the bill’s less deferential agenda. standard of judicial review gives additional op- Sec. 304. Requirements providing for more de- process, the bill extensively adds numerous tailed analyses. procedural hurdles to this process. portunities for anti-regulatory interests to en- Sec. 305. Repeal of waiver and delay author- Title II of the bill, for example, adds more gage in dilatory tactics that can substantially ity; additional powers of the Chief Coun- than 60 additional procedural steps to the rule- slow down an already slow rulemaking proc- sel for Advocacy. making process. ess. Sec. 306. Procedures for gathering comments. Not only that, title II re-institutes a long-dis- Sec. 307. Periodic review of rules. As Public Citizen, a nonprofit consumer ad- Sec. 308. Judicial review of compliance with credited rulemaking process that requires vocacy organization representing consumer in- the requirements of the Regulatory Flexi- ‘‘trial-type’’ procedures. Known as formal rule- terests, warns: ‘‘This new and inappropriate bility Act available after publication of making, this time-consuming process was role for the courts is a recipe for more activist the final rule. widely-rejected decades ago as being highly judges, increased litigation, endless delays, Sec. 309. Jurisdiction of court of appeals over ineffective. and more rather than less uncertainty for regu- rules implementing the Regulatory Flexi- Recently proposed regulations that could be lated parties and the public.’’ bility Act. impacted by this and other provisions in the Sec. 310. Establishment and approval of small Similarly, the nonpartisan Congressional Re- business concern size standards by Chief bill include rules: implementing the Food Safe- search Service has expressed concerns about Counsel for Advocacy. ty Modernization Act’s standards to reduce the provision’s potential to make the rule- Sec. 311. Clerical amendments. food contaminants like salmonella and that making process more lengthy and costly. Sec. 312. Agency preparation of guides. Sec. 313. Comptroller General report. would help prevent 1.75 million illnesses; The American people deserve better. ‘‘strengthening chemical facility accident pre- TITLE IV—SUNSHINE FOR REGULATORY Accordingly, I strongly urge my colleagues vention standards in response to the 2013 fer- DECREES AND SETTLEMENTS ACT to join me in opposing this seriously flawed tilizer explosion in West, Texas that resulted in Sec. 401. Short title. bill. Sec. 402. Definitions. the deaths of 12 volunteer firefighters and 2 The CHAIR. All time for general de- Sec. 403. Consent decree and settlement re- other individuals; preventing the manufacture bate has expired. form. and distribution of tainted and counterfeit pre- Sec. 404. Motions to modify consent decrees. scription drugs; implementing the Justice De- Pursuant to the rule, the bill shall be Sec. 405. Effective date. partment’s National Standards to prevent, de- considered for amendment under the 5- TITLE I—ALL ECONOMIC REGULATIONS tect, and respond to prison rape; adjusting the minute rule. ARE TRANSPARENT ACT reimbursement rates to Medicare providers for In lieu of the amendment in the na- SEC. 101. SHORT TITLE. end-stage renal diseases; setting payments to ture of a substitute recommended by This title may be cited as the ‘‘All Economic primary care physicians under the Vaccines the Committee on Oversight and Gov- Regulations are Transparent Act of 2014’’ or the ‘‘ALERT Act of 2014’’. for Children Program; establishing meal re- ernment Reform, printed in the bill, it shall be in order to consider as an SEC. 102. OFFICE OF INFORMATION AND REGU- quirements for the National School Lunch Pro- LATORY AFFAIRS PUBLICATION OF gram under the Healthy, Hunger-Free Kids Act original bill for the purpose of amend- INFORMATION RELATING TO RULES. of 2010; implementing Labor Department ment under the 5-minute rule an (a) AMENDMENT.—Title 5, United States Code, Standards for H–2B Aliens in the United amendment in the nature of a sub- is amended by inserting after chapter 6, the fol- States; establishing the subsistence allowance stitute consisting of the text of Rules lowing new chapter: for veterans under the Vocational Rehabilita- Committee Print 113–38. That amend- ‘‘CHAPTER 6A—OFFICE OF INFORMATION tion and Employment Program; and setting the ment in the nature of a substitute shall AND REGULATORY AFFAIRS PUBLICA- be considered as read. TION OF INFORMATION RELATING TO Patent and Trademark Office’s fees for pat- RULES The text of the amendment in the na- ents. ‘‘Sec. And, this is just a small sample of the many ture of a substitute is as follows: ‘‘651. Agency monthly submission to Office of kinds of protections that this bill would jeop- H.R. 2804 Information and Regulatory Af- fairs. ardize. I could go on and on. Be it enacted by the Senate and House of Rep- ‘‘652. Office of Information and Regulatory This also explains why more than 150 con- resentatives of the United States of America in Affairs Publications. sumer groups, environmental organizations, Congress assembled, labor unions, and other entities, strenuously ‘‘653. Requirement for rules to appear in SECTION 1. SHORT TITLE; TABLE OF CONTENTS. agency-specific monthly publi- oppose this bill. These organizations include: (a) SHORT TITLE.—This Act may be cited as cation. The AFL–CIO, The Alliance for Justice; The the ‘‘Achieving Less Excess in Regulation and ‘‘654. Definitions. American Federation of State, County and Mu- Requiring Transparency Act of 2014’’ or as the ‘‘§ 651. Agency monthly submission to Office of nicipal Employees; The American Lung Asso- ‘‘ALERRT Act of 2014’’. Information and Regulatory Affairs ciation; The Consumer Federation of America; (b) TABLE OF CONTENTS.—The table of con- ‘‘On a monthly basis, the head of each agency Consumers Union; The International Brother- tents for this Act is as follows: shall submit to the Administrator of

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 6333 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1980 CONGRESSIONAL RECORD — HOUSE February 26, 2014 the Office of Information and Regulatory Af- ‘‘(III) the rule was issued pursuant to a statu- later than 30 days after the date of the enact- fairs (referred to in this chapter as the ‘Admin- tory mandate or the rule making is committed to ment of this title, and monthly thereafter. istrator’), in such a manner as the Adminis- agency discretion by law. (2) CUMULATIVE ASSESSMENT OF AGENCY RULE trator may reasonably require, the following in- ‘‘(C) The number of agency actions and a list MAKING.— formation: of each such action taken by each agency that— ‘‘(1) For each rule that the agency expects to ‘‘(i) repealed a rule; (A) IN GENERAL.—Subsection (b) of section 652 of title 5, United States Code, as added by sub- propose or finalize during the following year: ‘‘(ii) reduced the scope of a rule; section (a), shall take effect on the date that is ‘‘(A) A summary of the nature of the rule, in- ‘‘(iii) reduced the cost of a rule; or 60 days after the date of the enactment of this cluding the regulation identifier number and the ‘‘(iv) accelerated the expiration date of a rule. title. docket number for the rule. ‘‘(D) The total cost (without reducing the cost ‘‘(B) The objectives of and legal basis for the by any offsetting benefits) of all rules proposed (B) DEADLINE.—The first requirement to pub- issuance of the rule, including— or finalized, and the number of rules for which lish or make available, as the case may be, ‘‘(i) any statutory or judicial deadline; and an estimate of the cost of the rule was not avail- under subsection (b) of section 652 of title 5, ‘‘(ii) whether the legal basis restricts or pre- able. United States Code, as added by subsection (a), shall be the first October 1 after the effective cludes the agency from conducting an analysis ‘‘(2) PUBLICATION ON THE INTERNET.—Not of the costs or benefits of the rule during the later than October 1 of each year, the Adminis- date of such subsection. rule making, and if not, whether the agency trator shall make publicly available on the (C) FIRST PUBLICATION.—The requirement plans to conduct an analysis of the costs or ben- Internet the following: under section 652(b)(2)(A) of title 5, United efits of the rule during the rule making. ‘‘(A) The analysis of the costs or benefits, if States Code, as added by subsection (a), shall ‘‘(C) Whether the agency plans to claim an conducted, for each proposed rule or final rule include for the first publication, any analysis of exemption from the requirements of section 553 issued by an agency for the previous year. the costs or benefits conducted for a proposed or pursuant to section 553(b)(B). ‘‘(B) The docket number and regulation iden- final rule, for the 10 years before the date of the ‘‘(D) The stage of the rule making as of the tifier number for each proposed or final rule enactment of this title. date of submission. issued by an agency for the previous year. (3) REQUIREMENT FOR RULES TO APPEAR IN ‘‘(E) Whether the rule is subject to review ‘‘(C) The number of rules and a list of each AGENCY-SPECIFIC MONTHLY PUBLICATION.—Sec- under section 610. such rule reviewed by the Director of the Office tion 653 of title 5, United States Code, as added ‘‘(2) For any rule for which the agency ex- of Management and Budget for the previous by subsection (a), shall take effect on the date pects to finalize during the following year and year, and the authority under which each such that is 8 months after the date of the enactment has issued a general notice of proposed rule review was conducted. of this title. making— ‘‘(D) The number of rules and a list of each ‘‘(A) an approximate schedule for completing such rule for which the head of an agency com- TITLE II—REGULATORY ACCOUNTABILITY action on the rule; pleted a review under section 610 for the pre- ACT ‘‘(B) an estimate of whether the rule will vious year. SEC. 201. SHORT TITLE. cost— ‘‘(E) The number of rules and a list of each ‘‘(i) less than $50,000,000; such rule submitted to the Comptroller General This title may be cited as the ‘‘Regulatory Ac- ‘‘(ii) $50,000,000 or more but less than under section 801. countability Act of 2014’’. $100,000,000; ‘‘(F) The number of rules and a list of each SEC. 202. DEFINITIONS. ‘‘(iii) $100,000,000 or more but less than such rule for which a resolution of disapproval Section 551 of title 5, United States Code, is $500,000,000; was introduced in either the House of Rep- amended— ‘‘(iv) $500,000,000 or more but less than resentatives or the Senate under section 802. $1,000,000,000; (1) in paragraph (13), by striking ‘‘and’’ at ‘‘§ 653. Requirement for rules to appear in the end; ‘‘(v) $1,000,000,000 or more but less than agency-specific monthly publication $5,000,000,000; (2) in paragraph (14), by striking the period at ‘‘(a) IN GENERAL.—Subject to subsection (b), a the end and inserting a semicolon; and ‘‘(vi) $5,000,000,000 or more but less than rule may not take effect until the information $10,000,000,000; or required to be made publicly available on the (3) by adding at the end the following: ‘‘(vii) $10,000,000,000 or more; and Internet regarding such rule pursuant to section ‘‘(15) ‘major rule’ means any rule that the Ad- ‘‘(C) any estimate of the economic effects of 652(a) has been so available for not less than 6 ministrator of the Office of Information and the rule, including any estimate of the net effect months. Regulatory Affairs determines is likely to im- that the rule will have on the number of jobs in ‘‘(b) EXCEPTIONS.—The requirement of sub- pose— the United States, that was considered in draft- section (a) shall not apply in the case of a ‘‘(A) an annual cost on the economy of ing the rule. If such estimate is not available, a rule— statement affirming that no information on the $100,000,000 or more, adjusted annually for in- ‘‘(1) for which the agency issuing the rule flation; economic effects, including the effect on the claims an exception under section 553(b)(B); or number of jobs, of the rule has been considered. ‘‘(2) which the President determines by Execu- ‘‘(B) a major increase in costs or prices for ‘‘§ 652. Office of Information and Regulatory tive Order should take effect because the rule consumers, individual industries, Federal, State, Affairs Publications is— local, or tribal government agencies, or geo- graphic regions; ‘‘(a) AGENCY-SPECIFIC INFORMATION PUB- ‘‘(A) necessary because of an imminent threat LISHED MONTHLY.—Not later than 30 days after to health or safety or other emergency; ‘‘(C) significant adverse effects on competi- the submission of information pursuant to sec- ‘‘(B) necessary for the enforcement of criminal tion, employment, investment, productivity, in- tion 651, the Administrator shall make such in- laws; novation, or on the ability of United States- formation publicly available on the Internet. ‘‘(C) necessary for national security; or based enterprises to compete with foreign-based ‘‘(b) CUMULATIVE ASSESSMENT OF AGENCY ‘‘(D) issued pursuant to any statute imple- enterprises in domestic and export markets; or RULE MAKING PUBLISHED ANNUALLY.— menting an international trade agreement. ‘‘(D) significant impacts on multiple sectors of ‘‘(1) PUBLICATION IN THE FEDERAL REGISTER.— ‘‘§ 654. Definitions the economy; Not later than October 1 of each year, the Ad- ‘‘In this chapter, the terms ‘agency’, ‘agency ‘‘(16) ‘high-impact rule’ means any rule that ministrator shall publish in the Federal Reg- the Administrator of the Office of Information ister, for the previous year the following: action’, ‘rule’, and ‘rule making’ have the meanings given those terms in section 551.’’. and Regulatory Affairs determines is likely to ‘‘(A) The information that the Administrator (b) TECHNICAL AND CONFORMING AMEND- impose an annual cost on the economy of received from the head of each agency under $1,000,000,000 or more, adjusted annually for in- section 651. MENT.—The table of chapters for part I of title 5, United States Code, is amended by inserting flation; ‘‘(B) The number of rules and a list of each after the item relating to chapter 5, the fol- such rule— ‘‘(17) ‘guidance’ means an agency statement lowing: of general applicability and future effect, other ‘‘(i) that was proposed by each agency, in- than a regulatory action, that sets forth a pol- cluding, for each such rule, an indication of ‘‘6. The Analysis of Regulatory Func- icy on a statutory, regulatory or technical issue whether the issuing agency conducted an anal- tions ...... 601 or an interpretation of a statutory or regulatory ysis of the costs or benefits of the rule; and ‘‘6A. Office of Information and Regu- issue; ‘‘(ii) that was finalized by each agency, in- latory Affairs Publication of In- cluding for each such rule an indication of formation Relating to Rules ...... 651’’. ‘‘(18) ‘major guidance’ means guidance that whether— (c) EFFECTIVE DATES.— the Administrator of the Office of Information ‘‘(I) the issuing agency conducted an analysis (1) AGENCY MONTHLY SUBMISSION TO THE OF- and Regulatory Affairs finds is likely to lead of the costs or benefits of the rule; FICE OF INFORMATION AND REGULATORY AF- to— ‘‘(II) the agency claimed an exemption from FAIRS.—The first submission required pursuant ‘‘(A) an annual cost on the economy of the procedures under section 553 pursuant to to section 651 of title 5, United States Code, as $100,000,000 or more, adjusted annually for in- section 553(b)(B); and added by subsection (a), shall be submitted not flation;

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1981 ‘‘(B) a major increase in costs or prices for responses considered under section 553(b)(5), in- ‘‘(E)(i) a reasoned preliminary determination consumers, individual industries, Federal, State, cluding direct, indirect, and cumulative costs of need for the rule based on the information de- local or tribal government agencies, or geo- and benefits and estimated impacts on jobs (in- scribed under subparagraph (D); and graphic regions; cluding an estimate of the net gain or loss in do- ‘‘(ii) an additional statement of whether a ‘‘(C) significant adverse effects on competi- mestic jobs), economic growth, innovation, and rule is required by statute; tion, employment, investment, productivity, in- economic competitiveness; ‘‘(F) a reasoned preliminary determination novation, or on the ability of United States- ‘‘(B) means to increase the cost-effectiveness that the benefits of the proposed rule meet the based enterprises to compete with foreign-based of any Federal response; and relevant statutory objectives and justify the enterprises in domestic and export markets; or ‘‘(C) incentives for innovation, consistency, costs of the proposed rule (including all costs to ‘‘(D) significant impacts on multiple sectors of predictability, lower costs of enforcement and be considered under subsection (b)(6)), based on the economy; compliance (to government entities, regulated the information described under subparagraph ‘‘(19) the ‘Information Quality Act’ means sec- entities, and the public), and flexibility. (D); ‘‘(c) ADVANCE NOTICE OF PROPOSED RULE tion 515 of Public Law 106–554, the Treasury ‘‘(G) a discussion of— and General Government Appropriations Act for MAKING FOR MAJOR RULES, HIGH-IMPACT ‘‘(i) the alternatives to the proposed rule, and Fiscal Year 2001, and guidelines issued by the RULES, AND RULES INVOLVING NOVEL LEGAL OR other alternative responses, considered by the Administrator of the Office of Information and POLICY ISSUES.—In the case of a rule making for agency under subsection (b); Regulatory Affairs or other agencies pursuant a major rule or high-impact rule or a rule that to the Act; and involves a novel legal or policy issue arising out ‘‘(ii) the costs and benefits of those alter- ‘‘(20) the ‘Office of Information and Regu- of statutory mandates, not later than 90 days natives (including all costs to be considered latory Affairs’ means the office established before a notice of proposed rule making is pub- under subsection (b)(6)); under section 3503 of chapter 35 of title 44 and lished in the Federal Register, an agency shall ‘‘(iii) whether those alternatives meet relevant any successor to that office.’’. publish advance notice of proposed rule making statutory objectives; and in the Federal Register. In publishing such ad- SEC. 203. RULE MAKING. ‘‘(iv) why the agency did not propose any of vance notice, the agency shall— those alternatives; and (a) Section 553(a) of title 5, United States ‘‘(1) include a written statement identifying, ‘‘(H)(i) a statement of whether existing rules Code, is amended by striking ‘‘(a) This section at a minimum— have created or contributed to the problem the applies’’ and inserting ‘‘(a) APPLICABILITY.— ‘‘(A) the nature and significance of the prob- agency seeks to address with the proposed rule; This section applies’’. lem the agency may address with a rule, includ- and (b) Section 553 of title 5, United States Code, ing data and other evidence and information on is amended by striking subsections (b) through which the agency expects to rely for the pro- ‘‘(ii) if so, whether or not the agency proposes (e) and inserting the following: posed rule; to amend or rescind any such rules, and why. ‘‘(b) RULE MAKING CONSIDERATIONS.—In a ‘‘(B) the legal authority under which a rule All information provided to or considered by the rule making, an agency shall make all prelimi- may be proposed, including whether a rule mak- agency, and steps to obtain information by the nary and final factual determinations based on ing is required by statute, and if so, whether by agency, in connection with its determination to evidence and consider, in addition to other ap- a specific date, or whether the agency has dis- propose the rule, including any preliminary risk plicable considerations, the following: cretion to commence a rule making; assessment or regulatory impact analysis pre- ‘‘(1) The legal authority under which a rule ‘‘(C) preliminary information available to the pared by the agency and all other information may be proposed, including whether a rule mak- agency concerning the other considerations prepared or described by the agency under sub- ing is required by statute, and if so, whether by specified in subsection (b); and paragraph (D) and, at the discretion of the a specific date, or whether the agency has dis- ‘‘(D) in the case of a rule that involves a novel President or the Administrator of the Office of cretion to commence a rule making. legal or policy issue arising out of statutory Information and Regulatory Affairs, informa- ‘‘(2) Other statutory considerations applicable mandates, the nature of and potential reasons tion provided by that Office in consultations to whether the agency can or should propose a to adopt the novel legal or policy position upon with the agency, shall be placed in the docket rule or undertake other agency action. which the agency may base a proposed rule; for the proposed rule and made accessible to the ‘‘(3) The specific nature and significance of ‘‘(2) solicit written data, views or argument public by electronic means and otherwise for the the problem the agency may address with a rule from interested persons concerning the informa- public’s use when the notice of proposed rule (including the degree and nature of risks the tion and issues addressed in the advance notice; making is published. problem poses and the priority of addressing and ‘‘(2)(A) If the agency undertakes procedures those risks compared to other matters or activi- ‘‘(3) provide for a period of not fewer than 60 under subsection (c) and determines thereafter ties within the agency’s jurisdiction), whether days for interested persons to submit such writ- not to propose a rule, the agency shall, fol- the problem warrants new agency action, and ten data, views, or argument to the agency. lowing consultation with the Office of Informa- the countervailing risks that may be posed by ‘‘(d) NOTICES OF PROPOSED RULE MAKING; tion and Regulatory Affairs, publish a notice of alternatives for new agency action. DETERMINATIONS OF OTHER AGENCY COURSE.— determination of other agency course. A notice ‘‘(4) Whether existing rules have created or (1) Before it determines to propose a rule, and of determination of other agency course shall contributed to the problem the agency may ad- following completion of procedures under sub- include information required by paragraph dress with a rule and whether those rules could section (c), if applicable, the agency shall con- (1)(D) to be included in a notice of proposed rule be amended or rescinded to address the problem sult with the Administrator of the Office of In- making and a description of the alternative re- in whole or part. formation and Regulatory Affairs. If the agency sponse the agency determined to adopt. thereafter determines to propose a rule, the ‘‘(5) Any reasonable alternatives for a new ‘‘(B) If in its determination of other agency agency shall publish a notice of proposed rule rule or other response identified by the agency course the agency makes a determination to making, which shall include— or interested persons, including not only re- amend or rescind an existing rule, the agency ‘‘(A) a statement of the time, place, and na- sponses that mandate particular conduct or need not undertake additional proceedings ture of public rule making proceedings; manners of compliance, but also— under subsection (c) before it publishes a notice ‘‘(B) reference to the legal authority under ‘‘(A) the alternative of no Federal response; of proposed rule making to amend or rescind the which the rule is proposed; ‘‘(B) amending or rescinding existing rules; existing rule. ‘‘(C) the terms of the proposed rule; ‘‘(C) potential regional, State, local, or tribal ‘‘(D) a description of information known to All information provided to or considered by the regulatory action or other responses that could the agency on the subject and issues of the pro- agency, and steps to obtain information by the be taken in lieu of agency action; and posed rule, including but not limited to— agency, in connection with its determination of ‘‘(D) potential responses that— ‘‘(i) a summary of information known to the other agency course, including but not limited ‘‘(i) specify performance objectives rather agency concerning the considerations specified to any preliminary risk assessment or regulatory than conduct or manners of compliance; in subsection (b); impact analysis prepared by the agency and all ‘‘(ii) establish economic incentives to encour- ‘‘(ii) a summary of additional information the other information that would be required to be age desired behavior; agency provided to and obtained from interested prepared or described by the agency under para- ‘‘(iii) provide information upon which choices persons under subsection (c); graph (1)(D) if the agency had determined to can be made by the public; or ‘‘(iii) a summary of any preliminary risk as- publish a notice of proposed rule making and, at ‘‘(iv) incorporate other innovative alternatives sessment or regulatory impact analysis per- the discretion of the President or the Adminis- rather than agency actions that specify conduct formed by the agency; and trator of the Office of Information and Regu- or manners of compliance. ‘‘(iv) information specifically identifying all latory Affairs, information provided by that Of- ‘‘(6) Notwithstanding any other provision of data, studies, models, and other evidence or in- fice in consultations with the agency, shall be law— formation considered or used by the agency in placed in the docket for the determination and ‘‘(A) the potential costs and benefits associ- connection with its determination to propose the made accessible to the public by electronic ated with potential alternative rules and other rule; means and otherwise for the public’s use

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6333 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1982 CONGRESSIONAL RECORD — HOUSE February 26, 2014 when the notice of determination is published. statutory objectives at a lower cost (including proposed rule considered by the agency during ‘‘(3) After notice of proposed rule making re- all costs to be considered under subsection the rule making, including— quired by this section, the agency shall provide (b)(6)) than the proposed rule. ‘‘(i) the agency’s reasoned final determination interested persons an opportunity to participate ‘‘(3) If there is more than one alternative to that no alternative considered achieved the rel- in the rule making through submission of writ- the proposed rule that would achieve the rel- evant statutory objectives with lower costs (in- ten data, views, or arguments with or without evant statutory objectives at a lower cost than cluding all costs to be considered under sub- opportunity for oral presentation, except that— the proposed rule, which alternative would section (b)(6)) than the rule; or ‘‘(A) if a hearing is required under paragraph achieve the relevant statutory objectives at the ‘‘(ii) the agency’s reasoned determination that (4)(B) or subsection (e), opportunity for oral lowest cost. its adoption of a more costly rule complies with presentation shall be provided pursuant to that ‘‘(4) Whether, if the agency proposes to adopt subsection (f)(3)(B); requirement; or a rule that is more costly than the least costly ‘‘(E) the agency’s reasoned final determina- ‘‘(B) when other than under subsection (e) of alternative that would achieve the relevant stat- tion— this section rules are required by statute or at utory objectives (including all costs to be consid- ‘‘(i) that existing rules have not created or the discretion of the agency to be made on the ered under subsection (b)(6)), the additional contributed to the problem the agency seeks to record after opportunity for an agency hearing, benefits of the more costly rule exceed the addi- address with the rule; or sections 556 and 557 shall apply, and paragraph tional costs of the more costly rule. (4), the requirements of subsection (e) to receive ‘‘(5) Whether the evidence and other informa- ‘‘(ii) that existing rules have created or con- comment outside of the procedures of sections tion upon which the agency bases the proposed tributed to the problem the agency seeks to ad- 556 and 557, and the petition procedures of sub- rule meets the requirements of the Information dress with the rule, and, if so— section (e)(6) shall not apply. Quality Act. ‘‘(I) why amendment or rescission of such ex- isting rules is not alone sufficient to respond to The agency shall provide not fewer than 60 days ‘‘(6) Upon petition by an interested person the problem; and for interested persons to submit written data, who has participated in the rule making, other views, or argument (or 120 days in the case of a issues relevant to the rule making, unless the ‘‘(II) whether and how the agency intends to proposed major or high-impact rule). agency determines that consideration of the amend or rescind the existing rule separate from ‘‘(4)(A) Within 30 days of publication of notice issues at the hearing would not advance consid- adoption of the rule; of proposed rule making, a member of the public eration of the rule or would, in light of the na- ‘‘(F) the agency’s reasoned final determina- may petition for a hearing in accordance with ture of the need for agency action, unreason- tion that the evidence and other information section 556 to determine whether any evidence ably delay completion of the rule making. An upon which the agency bases the rule complies or other information upon which the agency agency shall grant or deny a petition under this with the Information Quality Act; and bases the proposed rule fails to comply with the paragraph within 30 days of its receipt of the ‘‘(G)(i) for any major rule or high-impact rule, Information Quality Act. petition. the agency’s plan for review of the rule no less ‘‘(B)(i) The agency may, upon review of the No later than 45 days before any hearing held than every ten years to determine whether, petition, determine without further process to under this subsection or sections 556 and 557, based upon evidence, there remains a need for exclude from the rule making the evidence or the agency shall publish in the Federal Register the rule, whether the rule is in fact achieving other information that is the subject of the peti- a notice specifying the proposed rule to be con- statutory objectives, whether the rule’s benefits tion and, if appropriate, withdraw the proposed sidered at such hearing, the issues to be consid- continue to justify its costs, and whether the rule. The agency shall promptly publish any ered at the hearing, and the time and place for rule can be modified or rescinded to reduce costs such determination. such hearing, except that such notice may be while continuing to achieve statutory objectives; ‘‘(ii) If the agency does not resolve the peti- issued not later than 15 days before a hearing and tion under the procedures of clause (i), it shall held under subsection (d)(4)(B). ‘‘(ii) review of a rule under a plan required by grant any such petition that presents a prima ‘‘(f) FINAL RULES.—(1) The agency shall clause (i) of this subparagraph shall take into facie case that evidence or other information adopt a rule only following consultation with account the factors and criteria set forth in sub- upon which the agency bases the proposed rule the Administrator of the Office of Information sections (b) through (f) of section 553 of this fails to comply with the Information Quality and Regulatory Affairs to facilitate compliance title. Act, hold the requested hearing not later than with applicable rule making requirements. All information considered by the agency in 30 days after receipt of the petition, provide a ‘‘(2) The agency shall adopt a rule only on the connection with its adoption of the rule, and, at reasonable opportunity for cross-examination at basis of the best reasonably obtainable sci- the discretion of the President or the Adminis- the hearing, and decide the issues presented by entific, technical, economic, and other evidence trator of the Office of Information and Regu- the petition not later than 60 days after receipt and information concerning the need for, con- latory Affairs, information provided by that Of- of the petition. The agency may deny any peti- sequences of, and alternatives to the rule. fice in consultations with the agency, shall be tion that it determines does not present such a ‘‘(3)(A) Except as provided in subparagraph placed in the docket for the rule and made ac- prima facie case. (B), the agency shall adopt the least costly rule cessible to the public for the public’s use no ‘‘(C) There shall be no judicial review of the considered during the rule making (including all later than when the rule is adopted. agency’s disposition of issues considered and de- costs to be considered under subsection (b)(6)) ‘‘(g) EXCEPTIONS FROM NOTICE AND HEARING cided or determined under subparagraph (B)(ii) that meets relevant statutory objectives. REQUIREMENTS.—(1) Except when notice or until judicial review of the agency’s final ac- ‘‘(B) The agency may adopt a rule that is hearing is required by statute, the following do tion. There shall be no judicial review of an more costly than the least costly alternative that not apply to interpretive rules, general state- agency’s determination to withdraw a proposed would achieve the relevant statutory objectives ments of policy, or rules of agency organization, rule under subparagraph (B)(i) on the basis of only if the additional benefits of the more costly procedure, or practice: the petition. rule justify its additional costs and only if the ‘‘(D) Failure to petition for a hearing under agency explains its reason for doing so based on ‘‘(A) Subsections (c) through (e). this paragraph shall not preclude judicial re- interests of public health, safety or welfare that ‘‘(B) Paragraphs (1) through (3) of subsection view of any claim based on the Information are clearly within the scope of the statutory (f). Quality Act under chapter 7 of this title. provision authorizing the rule. ‘‘(C) Subparagraphs (B) through (H) of sub- ‘‘(e) HEARINGS FOR HIGH-IMPACT RULES.—Fol- ‘‘(4) When it adopts a final rule, the agency section (f)(4). lowing notice of a proposed rule making, receipt shall publish a notice of final rule making. The ‘‘(2)(A) When the agency for good cause, of comments on the proposed rule, and any notice shall include— based upon evidence, finds (and incorporates hearing held under subsection (d)(4), and before ‘‘(A) a concise, general statement of the rule’s the finding and a brief statement of reasons adoption of any high-impact rule, the agency basis and purpose; therefor in the rules issued) that compliance shall hold a hearing in accordance with sections ‘‘(B) the agency’s reasoned final determina- with subsection (c), (d), or (e) or requirements to 556 and 557, unless such hearing is waived by tion of need for a rule to address the problem render final determinations under subsection (f) all participants in the rule making other than the agency seeks to address with the rule, in- of this section before the issuance of an interim the agency. The agency shall provide a reason- cluding a statement of whether a rule is re- rule is impracticable or contrary to the public able opportunity for cross-examination at such quired by statute and a summary of any final interest, including interests of national security, hearing. The hearing shall be limited to the fol- risk assessment or regulatory impact analysis such subsections or requirements to render final lowing issues of fact, except that participants at prepared by the agency; determinations shall not apply to the agency’s the hearing other than the agency may waive ‘‘(C) the agency’s reasoned final determina- adoption of an interim rule. determination of any such issue: tion that the benefits of the rule meet the rel- ‘‘(B) If, following compliance with subpara- ‘‘(1) Whether the agency’s asserted factual evant statutory objectives and justify the rule’s graph (A) of this paragraph, the agency adopts predicate for the rule is supported by the evi- costs (including all costs to be considered under an interim rule, it shall commence proceedings dence. subsection (b)(6)); that comply fully with subsections (d) through ‘‘(2) Whether there is an alternative to the ‘‘(D) the agency’s reasoned final determina- (f) of this section immediately upon publication proposed rule that would achieve the relevant tion not to adopt any of the alternatives to the of the interim rule, shall treat the

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No less than 270 days from publica- mation and Regulatory Affairs shall also issue ing under section 553(b) of this title) of conduct tion of the interim rule (or 18 months in the case guidelines to promote coordination, simplifica- conforming to such guidance and assures that of a major rule or high-impact rule), the agency tion and harmonization of agency rules during such benefits justify such costs; and the rule making process and otherwise. Such shall complete rule making under subsections ‘‘(D) describes alternatives to such guidance guidelines shall assure that each agency avoids (d) through (f) of this subsection and take final and their costs and benefits (including all costs regulations that are inconsistent or incompatible action to adopt a final rule or rescind the in- to be considered during a rule making under with, or duplicative of, its other regulations and terim rule. If the agency fails to take timely section 553(b) of this title) and explains why the those of other Federal agencies and drafts its final action, the interim rule will cease to have agency rejected those alternatives; and the effect of law. regulations to be simple and easy to understand, ‘‘(2) confer with the Administrator of the Of- ‘‘(C) Other than in cases involving interests of with the goal of minimizing the potential for un- fice of Information and Regulatory Affairs on national security, upon the agency’s publication certainty and litigation arising from such uncer- the issuance of such guidance to assure that the of an interim rule without compliance with sub- tainty. guidance is reasonable, understandable, con- sections (c), (d), or (e) or requirements to render ‘‘(3) To ensure consistency in Federal rule sistent with relevant statutory and regulatory final determinations under subsection (f) of this making, the Administrator of the Office of In- provisions and requirements or practices of section, an interested party may seek immediate formation and Regulatory Affairs shall— other agencies, does not produce costs that are judicial review under chapter 7 of this title of ‘‘(A) issue guidelines and otherwise take ac- unjustified by the guidance’s benefits, and is the agency’s determination to adopt such in- tion to ensure that rule makings conducted in otherwise appropriate. terim rule. The record on such review shall in- whole or in part under procedures specified in clude all documents and information considered provisions of law other than those of subchapter Upon issuing major guidance, or guidance that by the agency and any additional information II of this title conform to the fullest extent al- involves a novel legal or policy issue arising out presented by a party that the court determines lowed by law with the procedures set forth in of statutory mandates, the agency shall publish necessary to consider to assure justice. section 553 of this title; and the documentation required by subparagraph (1) ‘‘(B) issue guidelines for the conduct of hear- ‘‘(3) When the agency for good cause finds by electronic means and otherwise. ings under subsections 553(d)(4) and 553(e) of (and incorporates the finding and a brief state- ‘‘(b) Agency guidance— this section, including to assure a reasonable ment of reasons therefor in the rules issued) ‘‘(1) is not legally binding and may not be re- opportunity for cross-examination. Each agency that notice and public procedure thereon are lied upon by an agency as legal grounds for shall adopt regulations for the conduct of hear- unnecessary, including because agency rule agency action; ings consistent with the guidelines issued under making is undertaken only to correct a de mini- this subparagraph. ‘‘(2) shall state in a plain, prominent and per- mis technical or clerical error in a previously ‘‘(4) The Administrator of the Office of Infor- manent manner that it is not legally binding; issued rule or for other noncontroversial pur- mation and Regulatory Affairs shall issue and poses, the agency may publish a rule without guidelines pursuant to the Information Quality ‘‘(3) shall, at the time it is issued or upon re- compliance with subsections (c), (d), (e), or Act to apply in rule making proceedings under quest, be made available by the issuing agency (f)(1)–(3) and (f)(4)(B)–(F). If the agency re- sections 553, 556, and 557 of this title. In all to interested persons and the public by elec- ceives significant adverse comment within 60 cases, such guidelines, and the Administrator’s tronic means and otherwise. days after publication of the rule, it shall treat specific determinations regarding agency com- Agencies shall avoid the issuance of guidance the notice of the rule as a notice of proposed pliance with such guidelines, shall be entitled to that is inconsistent or incompatible with, or du- rule making and complete rule making in com- judicial deference. plicative of, the agency’s governing statutes or pliance with subsections (d) and (f). ‘‘(l) INCLUSION IN THE RECORD OF CERTAIN regulations, with the goal of minimizing the po- ‘‘(h) ADDITIONAL REQUIREMENTS FOR HEAR- DOCUMENTS AND INFORMATION.—The agency tential for uncertainty and litigation arising INGS.—When a hearing is required under sub- shall include in the record for a rule making, from such uncertainty. section (e) or is otherwise required by statute or and shall make available by electronic means at the agency’s discretion before adoption of a ‘‘(c) The Administrator of the Office of Infor- and otherwise, all documents and information rule, the agency shall comply with the require- mation and Regulatory Affairs shall have au- prepared or considered by the agency during the ments of sections 556 and 557 in addition to the thority to issue guidelines for use by the agen- proceeding, including, at the discretion of the requirements of subsection (f) in adopting the cies in the issuance of major guidance and other President or the Administrator of the Office of rule and in providing notice of the rule’s adop- guidance. Such guidelines shall assure that Information and Regulatory Affairs, documents tion. each agency avoids issuing guidance documents and information communicated by that Office that are inconsistent or incompatible with, or ‘‘(i) DATE OF PUBLICATION OF RULE.—The re- during consultation with the Agency. duplicative of, the law, its other regulations, or quired publication or service of a substantive ‘‘(m) MONETARY POLICY EXEMPTION.—Noth- the regulations of other Federal agencies and final or interim rule shall be made not less than ing in subsection (b)(6), subparagraphs (F) and drafts its guidance documents to be simple and 30 days before the effective date of the rule, ex- (G) of subsection (d)(1), subsection (e), sub- easy to understand, with the goal of minimizing cept— section (f)(3), and subparagraphs (C) and (D) of the potential for uncertainty and litigation aris- ‘‘(1) a substantive rule which grants or recog- subsection (f)(5) shall apply to rule makings ing from such uncertainty.’’. nizes an exemption or relieves a restriction; that concern monetary policy proposed or imple- (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(2) interpretive rules and statements of pol- mented by the Board of Governors of the Fed- tions for chapter 5 of title 5, United States Code, icy; or eral Reserve System or the Federal Open Market is amended by inserting after the item relating ‘‘(3) as otherwise provided by the agency for Committee.’’. to section 553 the following new item: good cause found and published with the rule. SEC. 204. AGENCY GUIDANCE; PROCEDURES TO ‘‘(j) RIGHT TO PETITION.—Each agency shall ISSUE MAJOR GUIDANCE; PRESI- ‘‘553a. Agency guidance; procedures to issue give an interested person the right to petition DENTIAL AUTHORITY TO ISSUE major guidance; authority to for the issuance, amendment, or repeal of a rule. GUIDELINES FOR ISSUANCE OF issue guidelines for issuance of GUIDANCE. ‘‘(k) RULE MAKING GUIDELINES.—(1)(A) The guidance.’’. Administrator of the Office of Information and (a) IN GENERAL.—Chapter 5 of title 5, United SEC. 205. HEARINGS; PRESIDING EMPLOYEES; Regulatory Affairs shall establish guidelines for States Code, is amended by inserting after sec- POWERS AND DUTIES; BURDEN OF the assessment, including quantitative and tion 553 the following new section: PROOF; EVIDENCE; RECORD AS qualitative assessment, of the costs and benefits ‘‘§ 553a. Agency guidance; procedures to issue BASIS OF DECISION. of proposed and final rules and other economic major guidance; authority to issue guide- Section 556 of title 5, United States Code, is issues or issues related to risk that are relevant lines for issuance of guidance amended by striking subsection (e) and inserting to rule making under this title. The rigor of ‘‘(a) Before issuing any major guidance, or the following: cost-benefit analysis required by such guidelines guidance that involves a novel legal or policy ‘‘(e)(1) The transcript of testimony and exhib- shall be commensurate, in the Administrator’s issue arising out of statutory mandates, an its, together with all papers and requests filed in determination, with the economic impact of the agency shall— the proceeding, constitutes the exclusive record rule. ‘‘(1) make and document a reasoned deter- for decision in accordance with section 557 and ‘‘(B) To ensure that agencies use the best mination that— shall be made available to the parties and the available techniques to quantify and evaluate ‘‘(A) assures that such guidance is under- public by electronic means and, upon payment anticipated present and future benefits, costs, standable and complies with relevant statutory of lawfully prescribed costs, otherwise. When an other economic issues, and risks as accurately objectives and regulatory provisions (including agency decision rests on official notice of a ma- as possible, the Administrator of the Office of any statutory deadlines for agency action); terial

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(d) INCLUSION OF RULES AFFECTING TRIBAL under this section and section 557 directly after SEC. 208. ADDED DEFINITION. ORGANIZATIONS.—Paragraph (5) of section 601 concluding proceedings upon an advance notice Section 701(b) of title 5, United States Code, is of title 5, United States Code, is amended by in- of proposed rule making under section 553(c), amended— serting ‘‘and tribal organizations (as defined in the matters to be considered and determinations (1) in paragraph (1), by striking ‘‘and’’ at the section 4(l) of the Indian Self-Determination to be made shall include, among other relevant end; and Education Assistance Act (25 U.S.C. matters and determinations, the matters and de- 450b(l))),’’ after ‘‘special districts,’’. terminations described in subsections (b) and (f) (2) in paragraph (2), by striking the period at (e) INCLUSION OF LAND MANAGEMENT PLANS of section 553. the end, and inserting ‘‘; and’’; and AND FORMAL RULEMAKING.— ‘‘(g) Upon receipt of a petition for a hearing (3) by adding at the end the following: under this section, the agency shall grant the ‘‘(3) ‘substantial evidence’ means such rel- (1) INITIAL REGULATORY FLEXIBILITY ANAL- petition in the case of any major rule, unless the evant evidence as a reasonable mind might ac- YSIS.—Subsection (a) of section 603 of title 5, agency reasonably determines that a hearing cept as adequate to support a conclusion in United States Code, is amended in the first sen- would not advance consideration of the rule or light of the record considered as a whole, taking tence— would, in light of the need for agency action, into account whatever in the record fairly de- (A) by striking ‘‘or’’ after ‘‘proposed rule,’’; unreasonably delay completion of the rule mak- tracts from the weight of the evidence relied and upon by the agency to support its decision.’’. ing. The agency shall publish its decision to (B) by inserting ‘‘or publishes a revision or grant or deny the petition when it renders the SEC. 209. EFFECTIVE DATE. amendment to a land management plan,’’ after decision, including an explanation of the The amendments made by this title to— ‘‘United States,’’. grounds for decision. The information contained (1) sections 553, 556, and 704 of title 5, United (2) FINAL REGULATORY FLEXIBILITY ANAL- in the petition shall in all cases be included in States Code; YSIS.—Subsection (a) of section 604 of title 5, the administrative record. This subsection shall (2) subsection (b) of section 701 of such title; United States Code, is amended in the first sen- not apply to rule makings that concern mone- (3) paragraphs (2) and (3) of section 706(b) of tence— tary policy proposed or implemented by the such title; and (A) by striking ‘‘or’’ after ‘‘proposed rule- Board of Governors of the Federal Reserve Sys- (4) subsection (c) of section 706 of such title, making,’’; and tem or the Federal Open Market Committee.’’. shall not apply to any rule makings pending or (B) by inserting ‘‘or adopts a revision or SEC. 206. ACTIONS REVIEWABLE. completed on the date of enactment of this title. amendment to a land management plan,’’ after Section 704 of title 5, United States Code, is ‘‘section 603(a),’’. amended— TITLE III—REGULATORY FLEXIBILITY (1) by striking ‘‘Agency action made’’ and in- IMPROVEMENTS ACT (3) LAND MANAGEMENT PLAN DEFINED.—Sec- serting ‘‘(a) Agency action made’’; and SEC. 301. SHORT TITLE; TABLE OF CONTENTS. tion 601 of title 5, United States Code, is amend- ed by adding at the end the following new para- (2) by adding at the end the following: ‘‘De- This title may be cited as the ‘‘Regulatory graph: nial by an agency of a correction request or, Flexibility Improvements Act of 2014’’. ‘‘(10) LAND MANAGEMENT PLAN.— where administrative appeal is provided for, de- SEC. 302. CLARIFICATION AND EXPANSION OF nial of an appeal, under an administrative RULES COVERED BY THE REGU- ‘‘(A) IN GENERAL.—The term ‘land manage- mechanism described in subsection (b)(2)(B) of LATORY FLEXIBILITY ACT. ment plan’ means— the Information Quality Act, or the failure of (a) IN GENERAL.—Paragraph (2) of section 601 ‘‘(i) any plan developed by the Secretary of an agency within 90 days to grant or deny such of title 5, United States Code, is amended to Agriculture under section 6 of the Forest and request or appeal, shall be final action for pur- read as follows: Rangeland Renewable Resources Planning Act poses of this section. ‘‘(2) RULE.—The term ‘rule’ has the meaning of 1974 (16 U.S.C. 1604); and ‘‘(b) Other than in cases involving interests of given such term in section 551(4) of this title, ex- ‘‘(ii) any plan developed by the Secretary of national security, notwithstanding subsection cept that such term does not include a rule per- the Interior under section 202 of the Federal (a) of this section, upon the agency’s publica- taining to the protection of the rights of and Land Policy and Management Act of 1976 (43 tion of an interim rule without compliance with benefits for veterans or a rule of particular (and U.S.C. 1712). section 553(c), (d), or (e) or requirements to not general) applicability relating to rates, render final determinations under subsection (f) ‘‘(B) REVISION.—The term ‘revision’ means wages, corporate or financial structures or reor- any change to a land management plan which— of section 553, an interested party may seek im- ganizations thereof, prices, facilities, appli- mediate judicial review under this chapter of the ances, services, or allowances therefor or to ‘‘(i) in the case of a plan described in sub- agency’s determination to adopt such rule on an valuations, costs or accounting, or practices re- paragraph (A)(i), is made under section 6(f)(5) interim basis. Review shall be limited to whether lating to such rates, wages, structures, prices, of the Forest and Rangeland Renewable Re- the agency abused its discretion to adopt the in- appliances, services, or allowances.’’. sources Planning Act of 1974 (16 U.S.C. 1604(f)(5)); or terim rule without compliance with section (b) INCLUSION OF RULES WITH INDIRECT EF- 553(c), (d), or (e) or without rendering final de- FECTS.—Section 601 of title 5, United States ‘‘(ii) in the case of a plan described in sub- terminations under subsection (f) of section Code, is amended by adding at the end the fol- paragraph (A)(ii), is made under section 1610.5– 553.’’. lowing new paragraph: 6 of title 43, Code of Federal Regulations (or any SEC. 207. SCOPE OF REVIEW. ‘‘(9) ECONOMIC IMPACT.—The term ‘economic successor regulation). Section 706 of title 5, United States Code is impact’ means, with respect to a proposed or ‘‘(C) AMENDMENT.—The term ‘amendment’ amended— final rule— means any change to a land management plan (1) by striking ‘‘To the extent necessary’’ and ‘‘(A) any direct economic effect on small enti- which— inserting ‘‘(a) To the extent necessary’’; ties of such rule; and ‘‘(i) in the case of a plan described in sub- (2) in paragraph (2)(A) of subsection (a) (as ‘‘(B) any indirect economic effect (including paragraph (A)(i), is made under section 6(f)(4) designated by paragraph (1) of this section), by compliance costs and effects on revenue) on of the Forest and Rangeland Renewable Re- inserting after ‘‘in accordance with law’’ the small entities which is reasonably foreseeable sources Planning Act of 1974 (16 U.S.C. following: ‘‘(including the Information Quality and results from such rule (without regard to 1604(f)(4)) and with respect to which the Sec- Act)’’; and whether small entities will be directly regulated retary of Agriculture prepares a statement de- (3) by adding at the end the following: by the rule).’’. scribed in section 102(2)(C) of the National Envi- ‘‘(b) The court shall not defer to the agen- (c) INCLUSION OF RULES WITH BENEFICIAL EF- ronmental Policy Act of 1969 (42 U.S.C. cy’s— FECTS.— 4332(2)(C)); or ‘‘(1) interpretation of an agency rule if the (1) INITIAL REGULATORY FLEXIBILITY ANAL- ‘‘(ii) in the case of a plan described in sub- agency did not comply with the procedures of YSIS.—Subsection (c) of section 603 of title 5, paragraph (A)(ii), is made under section 1610.5– section 553 or sections 556–557 of chapter 5 of United States Code, is amended by striking the 5 of title 43, Code of Federal Regulations (or any this title to issue the interpretation; first sentence and inserting ‘‘Each initial regu- successor regulation) and with respect to which ‘‘(2) determination of the costs and benefits or latory flexibility analysis shall also contain a the Secretary of the Interior prepares a state- other economic or risk assessment of the action, detailed description of alternatives to the pro- ment described in section 102(2)(C) of the Na- if the agency failed to conform to guidelines on posed rule which minimize any adverse signifi- tional Environmental Policy Act of 1969 (42 such determinations and assessments established cant economic impact or maximize any bene- U.S.C. 4332(2)(C)).’’.

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(f) INCLUSION OF CERTAIN INTERPRETIVE each agency on its website within 3 days of their (2) by inserting ‘‘and legal’’ after ‘‘factual’’. RULES INVOLVING THE INTERNAL REVENUE publication in the Federal Register.’’. (e) QUANTIFICATION REQUIREMENTS.—Section LAWS.— SEC. 304. REQUIREMENTS PROVIDING FOR MORE 607 of title 5, United States Code, is amended to (1) IN GENERAL.—Subsection (a) of section 603 DETAILED ANALYSES. read as follows: of title 5, United States Code, is amended by (a) INITIAL REGULATORY FLEXIBILITY ANAL- ‘‘§ 607. Quantification requirements striking the period at the end and inserting ‘‘or YSIS.—Subsection (b) of section 603 of title 5, a recordkeeping requirement, and without re- United States Code, is amended to read as fol- ‘‘In complying with sections 603 and 604, an gard to whether such requirement is imposed by lows: agency shall provide— statute or regulation.’’. ‘‘(b) Each initial regulatory flexibility anal- ‘‘(1) a quantifiable or numerical description of (2) COLLECTION OF INFORMATION.—Paragraph ysis required under this section shall contain a the effects of the proposed or final rule and al- (7) of section 601 of title 5, United States Code, detailed statement— ternatives to the proposed or final rule; or is amended to read as follows: ‘‘(1) describing the reasons why action by the ‘‘(2) a more general descriptive statement and ‘‘(7) COLLECTION OF INFORMATION.—The term agency is being considered; a detailed statement explaining why quantifica- ‘collection of information’ has the meaning ‘‘(2) describing the objectives of, and legal tion is not practicable or reliable.’’. given such term in section 3502(3) of title 44.’’. basis for, the proposed rule; SEC. 305. REPEAL OF WAIVER AND DELAY AU- (3) RECORDKEEPING REQUIREMENT.—Para- ‘‘(3) estimating the number and type of small THORITY; ADDITIONAL POWERS OF graph (8) of section 601 of title 5, United States entities to which the proposed rule will apply; THE CHIEF COUNSEL FOR ADVO- Code, is amended to read as follows: ‘‘(4) describing the projected reporting, record- CACY. ‘‘(8) RECORDKEEPING REQUIREMENT.—The term keeping, and other compliance requirements of (a) IN GENERAL.—Section 608 is amended to ‘recordkeeping requirement’ has the meaning the proposed rule, including an estimate of the read as follows: given such term in section 3502(13) of title 44.’’. classes of small entities which will be subject to ‘‘§ 608. Additional powers of Chief Counsel for (g) DEFINITION OF SMALL ORGANIZATION.— the requirement and the type of professional Advocacy Paragraph (4) of section 601 of title 5, United skills necessary for preparation of the report States Code, is amended to read as follows: and record; ‘‘(a)(1) Not later than 270 days after the date ‘‘(4) SMALL ORGANIZATION.— ‘‘(5) describing all relevant Federal rules of the enactment of this section, the Chief Coun- ‘‘(A) IN GENERAL.—The term ‘small organiza- which may duplicate, overlap, or conflict with sel for Advocacy of the Small Business Adminis- tion’ means any not-for-profit enterprise which, the proposed rule, or the reasons why such a de- tration shall, after opportunity for notice and as of the issuance of the notice of proposed rule- scription could not be provided; comment under section 553, issue rules gov- making— ‘‘(6) estimating the additional cumulative eco- erning agency compliance with this chapter. ‘‘(i) in the case of an enterprise which is de- nomic impact of the proposed rule on small enti- The Chief Counsel may modify or amend such scribed by a classification code of the North ties beyond that already imposed on the class of rules after notice and comment under section American Industrial Classification System, does small entities by the agency or why such an es- 553. This chapter (other than this subsection) not exceed the size standard established by the timate is not available; and shall not apply with respect to the issuance, Administrator of the Small Business Administra- ‘‘(7) describing any disproportionate economic modification, and amendment of rules under tion pursuant to section 3 of the Small Business impact on small entities or a specific class of this paragraph. Act (15 U.S.C. 632) for small business concerns small entities.’’. ‘‘(2) An agency shall not issue rules which described by such classification code; and (b) FINAL REGULATORY FLEXIBILITY ANAL- supplement the rules issued under subsection (a) ‘‘(ii) in the case of any other enterprise, has YSIS.— unless such agency has first consulted with the a net worth that does not exceed $7,000,000 and (1) IN GENERAL.—Section 604(a) of title 5, Chief Counsel for Advocacy to ensure that such has not more than 500 employees. United States Code, is amended— supplemental rules comply with this chapter ‘‘(B) LOCAL LABOR ORGANIZATIONS.—In the (A) in paragraph (4), by striking ‘‘an expla- and the rules issued under paragraph (1). case of any local labor organization, subpara- nation’’ and inserting ‘‘a detailed explanation’’; ‘‘(b) Notwithstanding any other law, the graph (A) shall be applied without regard to (B) in each of paragraphs (4), (5), and the Chief Counsel for Advocacy of the Small Busi- any national or international organization of first paragraph (6), by inserting ‘‘detailed’’ be- ness Administration may intervene in any agen- which such local labor organization is a part. fore ‘‘description’’; and cy adjudication (unless such agency is author- ‘‘(C) AGENCY DEFINITIONS.—Subparagraphs (C) by adding at the end the following: ized to impose a fine or penalty under such ad- (A) and (B) shall not apply to the extent that ‘‘(7) describing any disproportionate economic judication), and may inform the agency of the an agency, after consultation with the Office of impact on small entities or a specific class of impact that any decision on the record may Advocacy of the Small Business Administration small entities.’’. have on small entities. The Chief Counsel shall and after opportunity for public comment, es- (2) INCLUSION OF RESPONSE TO COMMENTS ON not initiate an appeal with respect to any adju- tablishes one or more definitions for such term CERTIFICATION OF PROPOSED RULE.—Paragraph dication in which the Chief Counsel intervenes which are appropriate to the activities of the (2) of section 604(a) of title 5, United States under this subsection. agency and publishes such definitions in the Code, is amended by inserting ‘‘(or certification ‘‘(c) The Chief Counsel for Advocacy may file Federal Register.’’. of the proposed rule under section 605(b))’’ after comments in response to any agency notice re- SEC. 303. EXPANSION OF REPORT OF REGU- ‘‘initial regulatory flexibility analysis’’. questing comment, regardless of whether the LATORY AGENDA. (3) PUBLICATION OF ANALYSIS ON WEBSITE.— agency is required to file a general notice of pro- Section 602 of title 5, United States Code, is Subsection (b) of section 604 of title 5, United posed rulemaking under section 553.’’. amended— States Code, is amended to read as follows: (b) CONFORMING AMENDMENTS.— (1) in subsection (a)— ‘‘(b) The agency shall make copies of the final (1) Section 611(a)(1) of such title is amended (A) in paragraph (2), by striking ‘‘, and’’ at regulatory flexibility analysis available to the by striking ‘‘608(b),’’. the end and inserting ‘‘;’’; public, including placement of the entire anal- (2) Section 611(a)(2) of such title is amended (B) by redesignating paragraph (3) as para- ysis on the agency’s website, and shall publish by striking ‘‘608(b),’’. graph (4); and in the Federal Register the final regulatory (3) Section 611(a)(3) of such title is amended— (C) by inserting after paragraph (2) the fol- flexibility analysis, or a summary thereof which (A) by striking subparagraph (B); and lowing: includes the telephone number, mailing address, (B) by striking ‘‘(3)(A) A small entity’’ and in- ‘‘(3) a brief description of the sector of the and link to the website where the complete anal- serting the following: North American Industrial Classification System ysis may be obtained.’’. ‘‘(3) A small entity’’. that is primarily affected by any rule which the (c) CROSS-REFERENCES TO OTHER ANALYSES.— agency expects to propose or promulgate which Subsection (a) of section 605 of title 5, United SEC. 306. PROCEDURES FOR GATHERING COM- is likely to have a significant economic impact States Code, is amended to read as follows: MENTS. on a substantial number of small entities; and’’; ‘‘(a) A Federal agency shall be treated as sat- Section 609 of title 5, United States Code, is and isfying any requirement regarding the content amended by striking subsection (b) and all that (2) in subsection (c), to read as follows: of an agenda or regulatory flexibility analysis follows through the end of the section and in- ‘‘(c) Each agency shall prominently display a under section 602, 603, or 604, if such agency serting the following: plain language summary of the information con- provides in such agenda or analysis a cross-ref- ‘‘(b)(1) Prior to publication of any proposed tained in the regulatory flexibility agenda pub- erence to the specific portion of another agenda rule described in subsection (e), an agency mak- lished under subsection (a) on its website within or analysis which is required by any other law ing such rule shall notify the Chief Counsel for 3 days of its publication in the Federal Register. and which satisfies such requirement.’’. Advocacy of the Small Business Administration The Office of Advocacy of the Small Business (d) CERTIFICATIONS.—Subsection (b) of section and provide the Chief Counsel with— Administration shall compile and prominently 605 of title 5, United States Code, is amended— ‘‘(A) all materials prepared or utilized by the display a plain language summary of the regu- (1) by inserting ‘‘detailed’’ before ‘‘statement’’ agency in making the proposed rule, including latory agendas referenced in subsection (a) for the first place it appears; and the draft of the proposed rule; and

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 6333 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1986 CONGRESSIONAL RECORD — HOUSE February 26, 2014 ‘‘(B) information on the potential adverse and ness Administration may waive the requirements section 3502(5) of title 44) to the Administrator of beneficial economic impacts of the proposed rule of subsections (b) through (e) if the Chief Coun- the Office of Information and Regulatory Af- on small entities and the type of small entities sel determines that compliance with the require- fairs of the Office of Management and Budget. that might be affected. ments of such subsections are impracticable, un- Such report shall include the identification of ‘‘(2) An agency shall not be required under necessary, or contrary to the public interest. any rule with respect to which the head of the paragraph (1) to provide the exact language of ‘‘(g) A small entity or a representative of a agency made a determination described in para- any draft if the rule— small entity may submit a request that the agen- graph (5) or (6) of subsection (e) and a detailed ‘‘(A) relates to the internal revenue laws of cy provide a copy of the report prepared under explanation of the reasons for such determina- the United States; or subsection (d) and all materials and information tion. ‘‘(B) is proposed by an independent regu- provided to the Chief Counsel for Advocacy of ‘‘(e) In reviewing a rule pursuant to sub- latory agency (as defined in section 3502(5) of the Small Business Administration under sub- sections (a) through (d), the agency shall amend title 44). section (b). The agency receiving such request or rescind the rule to minimize any adverse sig- ‘‘(c) Not later than 15 days after the receipt of shall provide the report, materials and informa- nificant economic impact on a substantial num- such materials and information under sub- tion to the requesting small entity or representa- ber of small entities or disproportionate eco- section (b), the Chief Counsel for Advocacy of tive of a small entity not later than 10 business nomic impact on a specific class of small enti- the Small Business Administration shall— days after receiving such request, except that ties, or maximize any beneficial significant eco- ‘‘(1) identify small entities or representatives the agency shall not disclose any information nomic impact of the rule on a substantial num- of small entities or a combination of both for the that is prohibited from disclosure to the public ber of small entities to the greatest extent pos- purpose of obtaining advice, input, and rec- pursuant to section 552(b) of this title.’’. sible, consistent with the stated objectives of ap- ommendations from those persons about the po- SEC. 307. PERIODIC REVIEW OF RULES. plicable statutes. In amending or rescinding the tential economic impacts of the proposed rule Section 610 of title 5, United States Code, is rule, the agency shall consider the following and the compliance of the agency with section amended to read as follows: factors: ‘‘(1) The continued need for the rule. 603; and ‘‘§ 610. Periodic review of rules ‘‘(2) convene a review panel consisting of an ‘‘(2) The nature of complaints received by the ‘‘(a) Not later than 180 days after the enact- employee from the Office of Advocacy of the agency from small entities concerning the rule. ment of this section, each agency shall publish Small Business Administration, an employee ‘‘(3) Comments by the Regulatory Enforcement in the Federal Register and place on its website from the agency making the rule, and in the Ombudsman and the Chief Counsel for Advo- a plan for the periodic review of rules issued by case of an agency other than an independent cacy of the Small Business Administration. the agency which the head of the agency deter- regulatory agency (as defined in section 3502(5) ‘‘(4) The complexity of the rule. mines have a significant economic impact on a of title 44), an employee from the Office of Infor- substantial number of small entities. Such deter- ‘‘(5) The extent to which the rule overlaps, mation and Regulatory Affairs of the Office of mination shall be made without regard to duplicates, or conflicts with other Federal rules Management and Budget to review the materials whether the agency performed an analysis and, unless the head of the agency determines it and information provided to the Chief Counsel under section 604. The purpose of the review to be infeasible, State, territorial, and local under subsection (b). shall be to determine whether such rules should rules. ‘‘(d)(1) Not later than 60 days after the review be continued without change, or should be ‘‘(6) The contribution of the rule to the cumu- panel described in subsection (c)(2) is convened, amended or rescinded, consistent with the stated lative economic impact of all Federal rules on the Chief Counsel for Advocacy of the Small objectives of applicable statutes, to minimize the class of small entities affected by the rule, Business Administration shall, after consulta- any adverse significant economic impacts or unless the head of the agency determines that tion with the members of such panel, submit a maximize any beneficial significant economic such calculations cannot be made and reports report to the agency and, in the case of an impacts on a substantial number of small enti- that determination in the annual report re- agency other than an independent regulatory ties. Such plan may be amended by the agency quired under subsection (d). agency (as defined in section 3502(5) of title 44), at any time by publishing the revision in the ‘‘(7) The length of time since the rule has been the Office of Information and Regulatory Af- Federal Register and subsequently placing the evaluated or the degree to which technology, fairs of the Office of Management and Budget. amended plan on the agency’s website. economic conditions, or other factors have ‘‘(2) Such report shall include an assessment ‘‘(b) The plan shall provide for the review of changed in the area affected by the rule. of the economic impact of the proposed rule on all such agency rules existing on the date of the ‘‘(f) The agency shall publish in the Federal small entities, including an assessment of the enactment of this section within 10 years of the Register and on its website a list of rules to be proposed rule’s impact on the cost that small en- date of publication of the plan in the Federal reviewed pursuant to such plan. The agency tities pay for energy, an assessment of the pro- Register and for review of rules adopted after shall include in the publication a solicitation of posed rule’s impact on start-up costs for small the date of enactment of this section within 10 public comments on any further inclusions or entities, and a discussion of any alternatives years after the publication of the final rule in exclusions of rules from the list, and shall re- that will minimize adverse significant economic the Federal Register. If the head of the agency spond to such comments. Such publication shall impacts or maximize beneficial significant eco- determines that completion of the review of ex- include a brief description of the rule, the rea- nomic impacts on small entities. isting rules is not feasible by the established son why the agency determined that it has a ‘‘(3) Such report shall become part of the rule- date, the head of the agency shall so certify in significant economic impact on a substantial making record. In the publication of the pro- a statement published in the Federal Register number of small entities (without regard to posed rule, the agency shall explain what ac- and may extend the review for not longer than whether it had prepared a final regulatory flexi- tions, if any, the agency took in response to 2 years after publication of notice of extension bility analysis for the rule), and request com- such report. in the Federal Register. Such certification and ments from the public, the Chief Counsel for Ad- ‘‘(e) A proposed rule is described by this sub- notice shall be sent to the Chief Counsel for Ad- vocacy of the Small Business Administration, section if the Administrator of the Office of In- vocacy of the Small Business Administration and the Regulatory Enforcement Ombudsman formation and Regulatory Affairs of the Office and the Congress. concerning the enforcement of the rule.’’. of Management and Budget, the head of the ‘‘(c) The plan shall include a section that de- SEC. 308. JUDICIAL REVIEW OF COMPLIANCE agency (or the delegatee of the head of the tails how an agency will conduct outreach to WITH THE REQUIREMENTS OF THE agency), or an independent regulatory agency and meaningfully include small businesses (in- REGULATORY FLEXIBILITY ACT determines that the proposed rule is likely to re- cluding small business concerns owned and con- AVAILABLE AFTER PUBLICATION OF sult in— trolled by women, small business concerns THE FINAL RULE. ‘‘(1) an annual effect on the economy of owned and controlled by veterans, and small (a) IN GENERAL.—Paragraph (1) of section $100,000,000 or more; business concerns owned and controlled by so- 611(a) of title 5, United States Code, is amended ‘‘(2) a major increase in costs or prices for cially and economically disadvantaged individ- by striking ‘‘final agency action’’ and inserting consumers, individual industries, Federal, State, uals (as such terms are defined in the Small ‘‘such rule’’. or local governments, tribal organizations, or ge- Business Act)) for the purposes of carrying out (b) JURISDICTION.—Paragraph (2) of such sec- ographic regions; this section. The agency shall include in this tion is amended by inserting ‘‘(or which would ‘‘(3) significant adverse effects on competition, section a plan for how the agency will contact have such jurisdiction if publication of the final employment, investment, productivity, innova- small businesses and gather their input on exist- rule constituted final agency action)’’ after tion, or on the ability of United States-based en- ing agency rules. ‘‘provision of law,’’. terprises to compete with foreign-based enter- ‘‘(d) Each agency shall annually submit a re- (c) TIME FOR BRINGING ACTION.—Paragraph prises in domestic and export markets; or port regarding the results of its review pursuant (3) of such section is amended— ‘‘(4) a significant economic impact on a sub- to such plan to the Congress, the Chief Counsel (1) by striking ‘‘final agency action’’ and in- stantial number of small entities. for Advocacy of the Small Business Administra- serting ‘‘publication of the final rule’’; and ‘‘(f) Upon application by the agency, the tion, and, in the case of agencies other than (2) by inserting ‘‘, in the case of a rule for Chief Counsel for Advocacy of the Small Busi- independent regulatory agencies (as defined in which the date of final agency action is the

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(A) by striking the semicolon at the end and OVER RULES IMPLEMENTING THE In this title— REGULATORY FLEXIBILITY ACT. inserting a period; and (a) IN GENERAL.—Section 2342 of title 28, (B) by striking ‘‘(3) the term’’ and inserting (1) the terms ‘‘agency’’ and ‘‘agency action’’ United States Code, is amended— the following: have the meanings given those terms under sec- (1) in paragraph (6), by striking ‘‘and’’ at the ‘‘(3) SMALL BUSINESS.—The term’’; tion 551 of title 5, United States Code; end; (3) in paragraph (5)— (2) the term ‘‘covered civil action’’ means a (2) in paragraph (7), by striking the period at (A) by striking the semicolon at the end and civil action— the end and inserting ‘‘; and’’; and inserting a period; and (A) seeking to compel agency action; (3) by inserting after paragraph (7) the fol- (B) by striking ‘‘(5) the term’’ and inserting (B) alleging that the agency is unlawfully lowing new paragraph: the following: withholding or unreasonably delaying an agen- ‘‘(8) all final rules under section 608(a) of title ‘‘(5) SMALL GOVERNMENTAL JURISDICTION.— cy action relating to a regulatory action that 5.’’. The term’’; and would affect the rights of— (b) CONFORMING AMENDMENTS.—Paragraph (3) of section 2341 of title 28, United States Code, (4) in paragraph (6)— (i) private persons other than the person is amended— (A) by striking ‘‘; and’’ and inserting a pe- bringing the action; or (1) in subparagraph (D), by striking ‘‘and’’ at riod; and (ii) a State, local, or tribal government; and the end; (B) by striking ‘‘(6) the term’’ and inserting (C) brought under— (2) in subparagraph (E), by striking the period the following: (i) chapter 7 of title 5, United States Code; or at the end and inserting ‘‘; and’’; and ‘‘(6) SMALL ENTITY.—The term’’. (ii) any other statute authorizing such an ac- (3) by adding at the end the following new (b) INCORPORATIONS BY REFERENCE AND CER- tion; subparagraph: TIFICATIONS.—The heading of section 605 of title (3) the term ‘‘covered consent decree’’ means— ‘‘(F) the Office of Advocacy of the Small Busi- 5, United States Code, is amended to read as fol- ness Administration, when the final rule is lows: (A) a consent decree entered into in a covered under section 608(a) of title 5.’’. civil action; and ‘‘§ 605. Incorporations by reference and certifi- (c) AUTHORIZATION TO INTERVENE AND COM- (B) any other consent decree that requires cations’’. MENT ON AGENCY COMPLIANCE WITH ADMINIS- agency action relating to a regulatory action TRATIVE PROCEDURE.—Subsection (b) of section (c) TABLE OF SECTIONS.—The table of sections that affects the rights of— 612 of title 5, United States Code, is amended by for chapter 6 of title 5, United States Code, is (i) private persons other than the person inserting ‘‘chapter 5, and chapter 7,’’ after ‘‘this amended— bringing the action; or chapter,’’. (1) by striking the item relating to section 605 (ii) a State, local, or tribal government; SEC. 310. ESTABLISHMENT AND APPROVAL OF and inserting the following new item: (4) the term ‘‘covered consent decree or settle- SMALL BUSINESS CONCERN SIZE ‘‘605. Incorporations by reference and certifi- STANDARDS BY CHIEF COUNSEL FOR ment agreement’’ means a covered consent de- ADVOCACY. cations.’’; cree and a covered settlement agreement; and (a) IN GENERAL.—Subparagraph (A) of section (2) by striking the item relating to section 607 (5) the term ‘‘covered settlement agreement’’ 3(a)(2) of the Small Business Act (15 U.S.C. and inserting the following new item: means— 632(a)(2)(A)) is amended to read as follows: ‘‘607. Quantification requirements.’’; (A) a settlement agreement entered into in a ‘‘(A) IN GENERAL.—In addition to the criteria and covered civil action; and specified in paragraph (1)— (3) by striking the item relating to section 608 (B) any other settlement agreement that re- ‘‘(i) the Administrator may specify detailed and inserting the following: quires agency action relating to a regulatory ac- definitions or standards by which a business tion that affects the rights of— concern may be determined to be a small busi- ‘‘608. Additional powers of Chief Counsel for ness concern for purposes of this Act or the Advocacy.’’. (i) private persons other than the person Small Business Investment Act of 1958; and (d) OTHER CLERICAL ADENDMENTS TO CHAP- bringing the action; or ‘‘(ii) the Chief Counsel for Advocacy may TER 6.—Chapter 6 of title 5, United States Code, (ii) a State, local, or tribal government. is amended as follows: specify such definitions or standards for pur- SEC. 403. CONSENT DECREE AND SETTLEMENT poses of any other Act.’’. (1) In section 603, by striking subsection (d). REFORM. (b) APPROVAL BY CHIEF COUNSEL.—Clause (iii) (2) In section 604(a) by striking the second (a) PLEADINGS AND PRELIMINARY MATTERS.— of section 3(a)(2)(C) of the Small Business Act paragraph (6). (15 U.S.C. 632(a)(2)(C)(iii)) is amended to read (1) IN GENERAL.—In any covered civil action, SEC. 312. AGENCY PREPARATION OF GUIDES. as follows: the agency against which the covered civil ac- ‘‘(iii) except in the case of a size standard pre- Section 212(a)(5) the Small Business Regu- tion is brought shall publish the notice of intent scribed by the Administrator, is approved by the latory Enforcement Fairness Act of 1996 (5 to sue and the complaint in a readily accessible Chief Counsel for Advocacy.’’. U.S.C. 601 note) is amended to read as follows: manner, including by making the notice of in- (c) INDUSTRY VARIATION.—Paragraph (3) of ‘‘(5) AGENCY PREPARATION OF GUIDES.—The tent to sue and the complaint available online section 3(a) of the Small Business Act (15 U.S.C. agency shall, in its sole discretion, taking into not later than 15 days after receiving service of 632(a)(3)) is amended— account the subject matter of the rule and the the notice of intent to sue or complaint, respec- (1) by inserting ‘‘or Chief Counsel for Advo- language of relevant statutes, ensure that the tively. cacy, as appropriate’’ before ‘‘shall ensure’’; guide is written using sufficiently plain lan- (2) ENTRY OF A COVERED CONSENT DECREE OR and guage likely to be understood by affected small SETTLEMENT AGREEMENT.—A party may not (2) by inserting ‘‘or Chief Counsel for Advo- entities. Agencies may prepare separate guides make a motion for entry of a covered consent cacy’’ before the period at the end. covering groups or classes of similarly affected decree or to dismiss a civil action pursuant to a (d) JUDICIAL REVIEW OF SIZE STANDARDS AP- small entities and may cooperate with associa- covered settlement agreement until after the end PROVED BY CHIEF COUNSEL.—Section 3(a) of the tions of small entities to distribute such guides. of proceedings in accordance with paragraph (1) Small Business Act (15 U.S.C. 632(a)) is amended In developing guides, agencies shall solicit input and subparagraphs (A) and (B) of paragraph by adding at the end the following new para- from affected small entities or associations of af- (2) of subsection (d) or subsection (d)(3)(A), graph: fected small entities. An agency may prepare whichever is later. ‘‘(9) JUDICIAL REVIEW OF STANDARDS AP- guides and apply this section with respect to a (b) INTERVENTION.— rule or a group of related rules.’’. PROVED BY CHIEF COUNSEL.—In the case of an (1) REBUTTABLE PRESUMPTION.—In consid- action for judicial review of a rule which in- SEC. 313. COMPTROLLER GENERAL REPORT. ering a motion to intervene in a covered civil ac- cludes a definition or standard approved by the Not later than 90 days after the date of enact- tion or a civil action in which a covered consent Chief Counsel for Advocacy under this sub- ment of this title, the Comptroller General of the decree or settlement agreement has been pro- section, the party seeking such review shall be United States shall complete and publish a posed that is filed by a person who alleges that entitled to join the Chief Counsel as a party in study that examines whether the Chief Counsel the agency action in dispute would affect the such action.’’. for Advocacy of the Small Business Administra- person, the court shall presume, subject to re- SEC. 311. CLERICAL AMENDMENTS. tion has the capacity and resources to carry out buttal, that the interests of the person would (a) DEFINITIONS.—Section 601 of title 5, United the duties of the Chief Counsel under this title not be represented adequately by the existing States Code, is amended— and the amendments made by this title. parties to the action.

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(2) STATE, LOCAL, AND TRIBAL GOVERN- hold a public hearing regarding whether to been budgeted for the regulatory action in ques- MENTS.—In considering a motion to intervene in enter into a proposed covered consent decree or tion; or a covered civil action or a civil action in which settlement agreement. (III) for such a covered settlement agreement a covered consent decree or settlement agree- (B) RECORD.—If an agency holds a public that commits the agency to exercise in a par- ment has been proposed that is filed by a State, hearing under subparagraph (A)— ticular way discretion which was committed to local, or tribal government, the court shall take (i) the agency shall— the agency by statute or the Constitution of the due account of whether the movant— (I) submit to the court a summary of the pro- United States to respond to changing cir- (A) administers jointly with an agency that is ceedings; cumstances, to make policy or managerial a defendant in the action the statutory provi- (II) submit to the court a certified index of the choices, or to protect the rights of third parties. sions that give rise to the regulatory action to hearing record; and (f) REVIEW BY COURT.— which the action relates; or (III) provide access to the hearing record to (B) administers an authority under State, the court; and (1) AMICUS.—A court considering a proposed local, or tribal law that would be preempted by (ii) the full hearing record shall be included in covered consent decree or settlement agreement the regulatory action to which the action re- the court record. shall presume, subject to rebuttal, that it is lates. (4) MANDATORY DEADLINES.—If a proposed proper to allow amicus participation relating to (c) SETTLEMENT NEGOTIATIONS.—Efforts to covered consent decree or settlement agreement the covered consent decree or settlement agree- settle a covered civil action or otherwise reach requires an agency action by a date certain, the ment by any person who filed public comments an agreement on a covered consent decree or agency shall, when moving for entry of the cov- or participated in a public hearing on the cov- settlement agreement shall— ered consent decree or settlement agreement or ered consent decree or settlement agreement (1) be conducted pursuant to the mediation or dismissal based on the covered consent decree or under paragraph (2) or (3) of subsection (d). alternative dispute resolution program of the settlement agreement, inform the court of— (2) REVIEW OF DEADLINES.— court or by a district judge other than the pre- (A) any required regulatory action the agency (A) PROPOSED COVERED CONSENT DECREES.— siding judge, magistrate judge, or special mas- has not taken that the covered consent decree or For a proposed covered consent decree, a court ter, as determined appropriate by the presiding settlement agreement does not address; shall not approve the covered consent decree judge; and (B) how the covered consent decree or settle- unless the proposed covered consent decree al- (2) include any party that intervenes in the ment agreement, if approved, would affect the lows sufficient time and incorporates adequate action. discharge of the duties described in subpara- procedures for the agency to comply with chap- (d) PUBLICATION OF AND COMMENT ON COV- graph (A); and ter 5 of title 5, United States Code, and other ERED CONSENT DECREES OR SETTLEMENT AGREE- (C) why the effects of the covered consent de- applicable statutes that govern rulemaking and, MENTS.— cree or settlement agreement on the manner in unless contrary to the public interest, the provi- (1) IN GENERAL.—Not later than 60 days before which the agency discharges its duties is in the sions of any Executive order that governs rule- the date on which a covered consent decree or public interest. making. settlement agreement is filed with a court, the (e) SUBMISSION BY THE GOVERNMENT.— (B) PROPOSED COVERED SETTLEMENT AGREE- agency seeking to enter the covered consent de- (1) IN GENERAL.—For any proposed covered MENTS.—For a proposed covered settlement cree or settlement agreement shall publish in the consent decree or settlement agreement that con- agreement, a court shall ensure that the covered Federal Register and online— tains a term described in paragraph (2), the At- settlement agreement allows sufficient time and (A) the proposed covered consent decree or torney General or, if the matter is being litigated incorporates adequate procedures for the agency settlement agreement; and independently by an agency, the head of the to comply with chapter 5 of title 5, United States (B) a statement providing— agency shall submit to the court a certification Code, and other applicable statutes that govern (i) the statutory basis for the covered consent that the Attorney General or head of the agency rulemaking and, unless contrary to the public decree or settlement agreement; and approves the proposed covered consent decree or interest, the provisions of any Executive order (ii) a description of the terms of the covered settlement agreement. The Attorney General or that governs rulemaking. consent decree or settlement agreement, includ- head of the agency shall personally sign any ing whether it provides for the award of attor- certification submitted under this paragraph. (g) ANNUAL REPORTS.—Each agency shall sub- neys’ fees or costs and, if so, the basis for in- (2) TERMS.—A term described in this para- mit to Congress an annual report that, for the cluding the award. graph is— year covered by the report, includes— (2) PUBLIC COMMENT.— (A) in the case of a covered consent decree, a (1) the number, identity, and content of cov- (A) IN GENERAL.—An agency seeking to enter term that— ered civil actions brought against and covered a covered consent decree or settlement agree- (i) converts into a nondiscretionary duty a consent decrees or settlement agreements entered ment shall accept public comment during the pe- discretionary authority of an agency to propose, against or into by the agency; and riod described in paragraph (1) on any issue re- promulgate, revise, or amend regulations; (2) a description of the statutory basis for— lating to the matters alleged in the complaint in (ii) commits an agency to expend funds that the applicable civil action or addressed or af- have not been appropriated and that have not (A) each covered consent decree or settlement fected by the proposed covered consent decree or been budgeted for the regulatory action in ques- agreement entered against or into by the agen- settlement agreement. tion; cy; and (B) RESPONSE TO COMMENTS.—An agency (iii) commits an agency to seek a particular (B) any award of attorneys fees or costs in a shall respond to any comment received under appropriation or budget authorization; civil action resolved by a covered consent decree subparagraph (A). (iv) divests an agency of discretion committed or settlement agreement entered against or into (C) SUBMISSIONS TO COURT.—When moving to the agency by statute or the Constitution of by the agency. that the court enter a proposed covered consent the United States, without regard to whether SEC. 404. MOTIONS TO MODIFY CONSENT DE- decree or settlement agreement or for dismissal the discretion was granted to respond to chang- CREES. pursuant to a proposed covered consent decree ing circumstances, to make policy or managerial or settlement agreement, an agency shall— choices, or to protect the rights of third parties; If an agency moves a court to modify a cov- (i) inform the court of the statutory basis for or ered consent decree or settlement agreement and the proposed covered consent decree or settle- (v) otherwise affords relief that the court the basis of the motion is that the terms of the ment agreement and its terms; could not enter under its own authority upon a covered consent decree or settlement agreement (ii) submit to the court a summary of the com- final judgment in the civil action; or are no longer fully in the public interest due to ments received under subparagraph (A) and the (B) in the case of a covered settlement agree- the obligations of the agency to fulfill other du- response of the agency to the comments; ment, a term— ties or due to changed facts and circumstances, the court shall review the motion and the cov- (iii) submit to the court a certified index of the (i) that provides a remedy for a failure by the ered consent decree or settlement agreement de administrative record of the notice and comment agency to comply with the terms of the covered novo. proceeding; and settlement agreement other than the revival of (iv) make the administrative record described the civil action resolved by the covered settle- SEC. 405. EFFECTIVE DATE. in clause (iii) fully accessible to the court. ment agreement; and This title shall apply to— (D) INCLUSION IN RECORD.—The court shall in- (ii) that— clude in the court record for a civil action the (I) interferes with the authority of an agency (1) any covered civil action filed on or after certified index of the administrative record sub- to revise, amend, or issue rules under the proce- the date of enactment of this title; and mitted by an agency under subparagraph dures set forth in chapter 5 of title 5, United (2) any covered consent decree or settlement (C)(iii) and any documents listed in the index States Code, or any other statute or Executive agreement proposed to a court on or after the which any party or amicus curiae appearing be- order prescribing rulemaking procedures for a date of enactment of this title. fore the court in the action submits to the court. rulemaking that is the subject of the covered set- (3) PUBLIC HEARINGS PERMITTED.— tlement agreement; The CHAIR. No amendment to that (A) IN GENERAL.—After providing notice in the (II) commits the agency to expend funds that amendment in the nature of a sub- Federal Register and online, an agency may have not been appropriated and that have not stitute shall be in order except those

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1989 printed in House Report 113–361. Each the legislation was ‘‘ill-conceived’’ and fact that regulators under the Bush ad- such amendment may be offered only that it had ‘‘unknown consequences.’’ ministration lacked the direction, re- in the order printed in the report, by a In particular, they noted: sources, and authority to confront the Member designated in the report, shall The bill ignores the interests of the aver- highly reckless behavior of the private be considered read, shall be debatable age American. There is no effort in this bill sector, and particularly the lending for the time specified in the report to sort out the good from the bad. It is a one- and financial service industries. equally divided and controlled by the size-fits-all solution. The bill will threaten It was a direct response to these reg- proponent and an opponent, shall not key health and safety regulations, such as ulatory failures in the financial realm improved meat and poultry inspection proce- that Congress passed the Dodd-Frank be subject to amendment, and shall not dures, while also halting regulations favored be subject to a demand for division of by business, such as rules at the FCC to allo- Act and other measures during the the question. cate portions of the spectrum for new tele- 111th Congress, and Republicans have AMENDMENT NO. 1 OFFERED BY MR. JOHNSON OF phone systems. tried to repeal those measures and GEORGIA Accordingly, I urge my colleagues to have tried to repeal the Affordable The CHAIR. It is now in order to con- support this amendment that would Care Act. sider amendment No. 1 printed in strike the bill’s pernicious moratorium Of the 58 bills that were passed out of House Report 113–361. provision. this so-called do-nothing Congress in Mr. JOHNSON of Georgia. As the des- I reserve the balance of my time. the first year of this session, not one of ignee of Mr. CARTWRIGHT, I am offering Mr. GOODLATTE. Madam Chair, I them was a jobs bill; not one job cre- amendment No. 1. rise in opposition to the amendment. ated. Do we set ourselves up again for The CHAIR. The Clerk will designate The Acting CHAIR (Ms. ROS- the kind of regulatory Wild Wild West the amendment. LEHTINEN). The gentleman from Vir- that got us into trouble in the first The text of the amendment is as fol- ginia is recognized for 5 minutes. place? lows: Mr. GOODLATTE. Madam Chair, as I reserve the balance of my time. Page 3, after line 4, the table of sections is Federal regulatory agencies attempt to Mr. GOODLATTE. Madam Chair, I amended to read as follows: pile more and more regulatory burdens yield 1 minute to the gentleman from ‘‘Sec. on America’s struggling workers, fami- Alabama (Mr. BACHUS), the chairman ‘‘651. Agency monthly submission to Office lies and small businesses, the least we of the subcommittee. of Information and Regulatory Affairs. can ask is that they be transparent Mr. BACHUS. Madam Chair, let me ‘‘652. Office of Information and Regulatory about it. What could be more trans- say this: the gentleman from Georgia Affairs Publications. parent than requiring them, the regu- has talked about these regulations all ‘‘653. Definitions.’’. lators, on a monthly basis, online, to being necessary, but the President Page 8, strike line 21, and all that follows update the public with real-time infor- himself on the campaign trail said we through page 9, line 15. mation about what new regulations are need to repeal unnecessary Federal reg- Page 9, line 16, strike ‘‘ ’’ and insert 654 coming and how much they will cost? ulations. He stood right here in the ‘‘653’’. Page 11, strike lines 3 through 7. Once they have that information, af- House when he gave two State of the fected individuals and job creators will Unions and said we need to eliminate The CHAIR. Pursuant to House Reso- be able to plan and budget meaning- some of our Federal regulations, and he lution 487, the gentleman from Georgia fully for new costs they may have to charged the Congress to do that. It has (Mr. JOHNSON) and a Member opposed absorb. If they are denied that informa- been part of his agenda. It has been each will control 5 minutes. tion, they will only be blindsided. That part of what he has campaigned on and The Chair recognizes the gentleman is not fair. what he has brought to the Congress as from Georgia. Title I of the ALERRT Act makes his State of the Union message, and Mr. JOHNSON of Georgia. Madam sure this information is provided to the that is exactly what this bill does. Chair, this amendment simply strikes public. To provide a strong incentive to He said regulations aren’t abstract the moratorium provisions in title I of agencies to honor its requirements, ideas. They cost money. In certain the bill. Madam Chair, a regulatory title I prohibits new regulations from cases, the benefit is simply not there. moratorium makes absolutely no becoming effective unless agencies pro- We are not talking about endangering sense. Cass Sunstein, the former head vide transparent information online for public health. We are talking about of the Office of Information and Regu- 6 months preceding the regulations’ regulations that endanger jobs unnec- latory Affairs, has observed: issuance. essarily. A moratorium would not be a scalpel or a The amendment seeks to eliminate Mr. JOHNSON of Georgia. Madam machete; it would be more like a nuclear that incentive. Without an incentive Chair, I think everyone can agree that bomb, in the sense that it would prevent reg- the Federal agencies need the resources ulations that cost very little and have very like that in existing law, what have we significant economic and public health bene- seen from the Obama administration? to be able to go back and review and fits. Repeated failures to make disclosures rescind and repeal any unnecessary required by statute and executive regulations, but we have been busy cut- b 1800 order, including the administration’s ting government for the last 3 years. This is yet another iteration of an at- yearlong hiding of the ball on new reg- This legislation before us won’t cut tempt by the majority to obstruct at ulations during the 2012 election cycle. any regulations, but it certainly will all costs and stop all regulations. In I urge my colleagues to oppose this keep any regulations from coming for- the last Congress, we considered H.R. amendment. ward. I think that would accomplish 4078, which would have imposed a mor- I reserve the balance of my time. the objective of the Republicans here, atorium for ‘‘any quarter’’ where the Mr. JOHNSON of Georgia. Madam which is to protect Big Business. Bureau of Labor Statistics average of Chair, the majority is pursuing this With that, I yield back the balance of monthly unemployment rates is equal legislation in complete disregard of my time. to or less than 6 percent. Although the various recent examples of regulatory Mr. GOODLATTE. Madam Chair, I Republican-controlled House passed failure. These include the Massey coal yield myself the balance of my time, the bill, it of course died in the Senate. mine explosion in West Virginia which and just say that the fact of the matter A moratorium threatens key health took the lives of 29 miners. In fact, is that the provision in the bill that and safety regulations. During the next month will mark the 1-year anni- this amendment attacks is a very 104th Congress, the House passed the versary of that explosion. The explo- straightforward provision that just Regulatory Transition Act of 1995, a sion of BP’s Deepwater Horizon oil rig provides for transparency. It doesn’t bill that imposed a regulatory morato- in the Gulf of Mexico that stemmed stop any of the regulations the gen- rium pending the institution of a risk from lax regulation of oil drilling plat- tleman from Georgia referenced; it analysis and assessment regime. The forms is also a prominent example. The simply says if you do the regulations, Committee on Oversight and Govern- home foreclosure crisis, the 2008 finan- tell us about them ahead of time so as ment Reform Democrats, in their dis- cial crisis, and the ensuing Great Re- you move toward the final implemen- sent to the reported bill, observed that cession, all of which stemmed from the tation, the last 6 months before it goes

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1990 CONGRESSIONAL RECORD — HOUSE February 26, 2014 into effect, the public gets to see it, the and clean water standards is not Mr. GOODLATTE. America’s small media gets to see it, the businesses antigrowth. In fact, it is pro-jobs. businesses, workers, and families are that are impacted get to see it, the When I recently toured the family- being crushed by an annual regulatory workers who may lose their jobs get to run Armellini trucking company in my burden that in 2012 amounted to $15,000 see it. That allows them to prepare for district, the Armellinis were not per household. That is an expense big- it, and it allows them to comment. It against truck safety standards. They ger than any family expense except for allows them to try to change the law. do the right thing by their workers, housing, and the number of new costly It is simply a fair way to enter into and they abide by safe driving rules. regulations just keeps growing and regulations. It is a commonsense provi- They want regulations to ensure that growing. others do the same. What they are sion that should be kept in the bill, and b 1815 the amendment should be defeated. against are new truck safety standards I yield back the balance of my time. that hinder growth without actually In response, titles II and IV of the The Acting CHAIR. The question is making trucking any safer. bill, which this amendment seeks to on the amendment offered by the gen- Smarter regulations should protect strike, those two titles write into stat- tleman from Georgia (Mr. JOHNSON). good businesses from bad actors. ute best practices into rulemaking that The amendment was rejected. I will give another example. Denny help to lower costs, avoid unnecessary AMENDMENT NO. 2 OFFERED BY MR. MURPHY OF Hudson runs Seacoast Bank, a small regulation, and keep pro-regulatory FLORIDA community bank in Stuart, Florida. special interests from abusing the The Acting CHAIR. It is now in order Like many small financial institu- courts to force new costly regulations to consider amendment No. 2 printed in tions, Seacoast weathered the financial upon the public. House Report 113–361. crisis because they were not involved They do all of this without denying Mr. MURPHY of Florida. Madam in risky financial behavior. They ex- the ability of agencies to issue new reg- Chair, I have an amendment at the pected mortgages to be repaid on time, ulations that are sensible to fulfill desk. and they wanted the small businesses statutory mandates. The Acting CHAIR. The Clerk will they supported to succeed. Why is this so important that the bill designate the amendment. After the financial crisis of 2008 near- do that? Because although these are The text of the amendment is as fol- ly took down the global economy, most best practices, they are too often hon- lows: people agreed that government regu- ored in the breach or not at all because In the bill, strike title II and title IV, and lators needed to better protect our fi- they are not yet written into statute. redesignate provisions and conform the table nancial system, but if new regulations The amendment substantially guts of contents accordingly. keep community banks like Seacoast the bill; denies important protections The Acting CHAIR. Pursuant to from getting creditworthy young fami- to American workers, families, and job House Resolution 487, the gentleman lies into their first home, or providing creators; and unjustifiably prolongs from Florida (Mr. MURPHY) and a Mem- capital to new small businesses, that is the time during which regulatory agen- ber opposed each will control 5 min- a problem. cies can operate without adequate utes. My amendment is simple. While rec- checks and balances. The Chair recognizes the gentleman ognizing the goal of the underlying leg- I urge my colleagues to oppose the from Florida. islation to improve the regulatory amendment, and I yield back the bal- Mr. MURPHY of Florida. Madam process, my amendment maintains the ance of my time. Chair, as a former small businessman, I government’s responsibility to protect The Acting CHAIR. The question is am acutely aware of the strain unnec- the environment, consumer health, and on the amendment offered by the gen- essary regulations have on businesses. workplace safety. I propose removing tleman from Florida (Mr. MURPHY). While I strongly support the under- costly hurdles that would make gov- The amendment was rejected. lying bill’s goal of reducing the regu- ernment less efficient, while protecting AMENDMENT NO. 3 OFFERED BY MR. ROTHFUS latory burden on American companies, the right of the American people to The Acting CHAIR. It is now in order truly smart regulatory reform would hold their government accountable to consider amendment No. 3 printed in preserve government’s ability to en- when it fails to protect their health, House Report 113–361. force clean air laws, food safety, and safety, and civil rights. Mr. ROTHFUS. Madam Chairman, I consumer protections. It would not pile My colleagues across the aisle fre- have an amendment at the desk. on duplicative procedural hurdles on quently complain about too much bu- The Acting CHAIR. The Clerk will already inefficient agencies, gumming reaucracy. We should not compound designate the amendment. up government bureaucracy and ob- the problem by creating duplicative The text of the amendment is as fol- structing agencies’ most basic func- government processes. Let’s examine lows: tions. the effectiveness of regulations already Page 12, after line 19, insert the following Too often, the debate up here is in place. (and redesignate accordingly): about more regulations versus fewer Senator KING introduced a bipartisan ‘‘(17) ‘negative-impact on jobs and wages regulations, but we should be focused bill that would do exactly that. It rule’ means any rule that the agency that made the rule or the Administrator of the on smarter regulations. would establish a process to identify Office of Information and Regulatory Affairs We should all be able to agree that and either strike or improve outdated determines is likely to— government has a role to play in clean and obsolete regulations. We should be ‘‘(A) in one or more sectors of the economy water for Americans, an issue the peo- doing the same thing in this body. At a that has a 6-digit code under the North ple in the Treasure Coast are all too fa- time when we should be doing more American Industry Classification System, miliar with. with less, can we really afford to in- reduce employment not related to new regu- We should all be able to agree that crease spending with more government latory compliance by 1 percent or more an- when a consumer walks through the bureaucracy? nually during the 1-year, 5-year, or 10-year door of a bank looking for a mortgage, period after implementation; I urge my colleagues to support this ‘‘(B) in one or more sectors of the economy that government has a role to play in commonsense amendment to improve that has a 6-digit code under the North protecting that consumer, but these the underlying bill, save the partisan American Industry Classification System, regulations should help the public fight over controversial sections for reduce average weekly wages for employ- without unnecessarily hindering busi- another day, streamline the regulatory ment not related to new regulatory compli- ness, our Nation’s economic engine. We process, and save 70 million taxpayer ance by 1 percent or more annually during must both protect Americans and en- dollars. I thank my colleagues. the 1-year, 5-year, or 10-year period after im- able commerce. The business commu- I yield back the balance of my time. plementation; nity is not against all regulation, they Mr. GOODLATTE. Madam Chair, I ‘‘(C) in any industry area (as such term is defined in the Current Population Survey are against excessively burdensome rise in opposition to the amendment. conducted by the Bureau of Labor Statistics) regulation. The Acting CHAIR. The gentleman in which the most recent annual unemploy- In my district, business owners be- from Virginia is recognized for 5 min- ment rate for the industry area is greater lieve that protecting the environment utes. than 5 percent, as determined by the Bureau

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Madam the first year after implementation; or regulating solid, good-paying jobs right Chairman, this amendment would add ‘‘(D) in any industry area in which the Bu- reau of Labor Statistics projects in the Occu- out of existence. an additional level of analysis in the pational Employment Statistics program At a time when wages are stagnant regulatory process that examines that the employment level will decrease by 1 for many American workers and when whether or not regulations have a neg- percent or more, further reduce employment we so desperately need to grow the ative impact on jobs and wages. not related to new regulatory compliance economy and add jobs, this is unbeliev- Adding this additional requirement during the first year after implementation;’’. able. that is highly speculative and analyt- Page 16, line 16, insert after ‘‘domestic On February 7, with my hardhat se- ical would further slow down the rule- jobs),’’ the following: ‘‘wages,’’. cured and my headlamp on, I had the making process, adding more red tape. Page 16, line 25, insert after ‘‘HIGH-IMPACT I invite the gentleman to support my RULES’’ the following: ‘‘NEGATIVE-IMPACT ON privilege of traveling underground to JOBS AND WAGES RULES,’’. learn more about the work and oper- amendment, amendment No. 9, which Page 17, line 2, strike ‘‘a major rule or ations of the Madison mine in Nanty we will get to shortly, that would ex- high-impact rule’’ and insert the following: Glo, Pennsylvania. Miners like these clude from the bill any rule, consent ‘‘a major rule, a high-impact rule, a nega- work hard every day to power our elec- decree, or settlement agreement that tive-impact on jobs and wages rule,’’. tric grid and to supply our steel mills. would result in net job creation or have Page 29, line 13, strike ‘‘and’’. But their way of life is being purpose- greater benefits than costs. Page 29, line 14, strike ‘‘major rule or high- I would also hope that my friends on impact rule,’’ and insert the following: fully regulated out of existence. Dan, ‘‘major rule, high-impact rule, or negative- the mine electrician, recently asked both sides of the aisle would have a de- impact on jobs and wages rule,’’. me what is going to be done to curb the sire to improve the economy and take Page 30, line 2, strike the period at the end President’s war on coal. He wrote: As a actions to foster job growth, instead of and insert ‘‘; and’’. mine electrician in your district, my adding more red tape to the regulatory Page 30, after line 2, insert the following: men are asking me questions like: Is process. ‘‘(H) for any negative-impact on jobs and this ever going to end, or are we all To the extent that regulations have wages rule, a statement that the head of the going to be looking for new jobs? anything to do with jobs, H.R. 2804’s agency that made the rule approved the rule proponents should overwhelmingly sup- knowing about the findings and determina- My friends, this problem extends well tion of the agency or the Administrator of beyond the coalfields of Pennsylvania port my amendment No. 9, which ex- the Office of Information and Regulatory Af- or Kentucky. Regulations cost each empts from the bill all rules that OMB fairs that qualified the rule as a negative im- household almost $14,700. That is al- determines would result in net job cre- pact on jobs and wages rule.’’. most 30 percent of an average Pennsyl- ation. The Acting CHAIR. Pursuant to vania family’s annual income. With respect to regulations stifling House Resolution 487, the gentleman Complying with this mountain of pa- job creation, the evidence, Madam from Pennsylvania (Mr. ROTHFUS) and perwork will also cost families and Chairman, is to the contrary. If any- a Member opposed each will control 5 businesses almost 10.4 billion hours thing, regulations can promote job minutes. this year. Who thinks that this is the growth and put Americans back to The Chair recognizes the gentleman most productive use of their time? work. from Pennsylvania. Madam Chairman, the American peo- For instance, the BlueGreen Alliance Mr. ROTHFUS. Madam Chairman, ple cannot afford more lost jobs and notes: Americans face a regulatory burden further reduced wages. Every lost job Studies on the direct impact of regulations with staggering costs to our economy means one less person helping with the on job growth have found that most regula- and with substantial impacts on family taxes needed to support Social Secu- tions result in modest job growth or have no effect, and economic growth has consistently budgets. rity, Medicare, and other critical pro- surged forward in concert with these health A recent paper by the Competitive grams for veterans, health care, edu- and safety protections. The Clean Air Act is Enterprise Institute estimates that the cation, and national defense. a shining example, given that the economy cost of Federal regulations to the econ- I urge my colleagues to support the has grown 204 percent and private sector job omy exceeds $1.8 trillion. The Amer- Rothfus-Barr amendment and the un- creation has expanded 86 percent since its ican Action Forum predicts that $143 derlying bill. passage in 1970. billion in new regulations may be final- Madam Chairman, I yield 1 minute to In reference to the Clean Air Act, the ized this year. the gentleman from Kentucky (Mr. Office of Management and Budget ob- These figures are very troubling. BARR), my friend. served that 40 years of success with That is why the bill we are considering Mr. BARR. Madam Chairman, I this measure have demonstrated that is so important. H.R. 2804 reforms the thank the gentleman and my friend strong environmental protections and regulatory process and will help pro- from Pennsylvania for yielding. I ap- strong economic growth go hand-in- mote the economic growth we so des- preciate the hard work that both he hand. perately need to get our economy and his staff have put into this impor- Regulations create valuable jobs and booming again and add jobs. tant amendment, which I had the research across industries. For exam- The amendment that I offer today pleasure to join him in introducing. ple, a pending regulation limiting the with my friend, Mr. BARR, is simple As I indicated earlier in the debate amount of airborne mercury will not and one that I hope my colleagues on on the underlying legislation, in Ken- just reduce the amount of seriously both sides of the aisle will support. tucky, the overregulation of the Ken- toxic pollutants, but create as many as If a regulation decreases employment tucky coal industry has really taken a 45,000 temporary jobs and possibly 8,000 or wages by 1 percent or more in an in- toll. Under President Obama, Appa- permanent jobs, as The New York dustry, it will be subject to heightened lachian Kentucky has lost about 7,000 Times noted last month. review and additional transparency re- jobs in just 5 years, putting coal indus- Heightened vehicle emissions stand- quirements. try employment in the Commonwealth ards have spurred clean vehicle re- The amendment also requires agency to its lowest level since records were search, development, and production heads to certify that they knowingly first kept in 1927. efforts that in turn have already gen- approved a rule that will result in lost This amendment would strengthen erated more than 150,000 jobs at 504 fa- jobs or reduced wages. the underlying regulatory reform legis- cilities in 43 States across the United The principle is simple: If Federal bu- lation by holding accountable those States of America. reaucrats are going to implement rules agencies that go after already suffering The majority’s own witness clearly that take wages or jobs from Ameri- workers like Kentucky and Pennsyl- debunked the myth that regulations cans, they should take responsibility vania coal miners. stymie job creation during his testi- for their decisions. Mr. JOHNSON of Georgia. Madam mony at a Judiciary Committee hear- It is important that Washington bu- Chairman, I rise in opposition to the ing held in the last Congress on an reaucrats think through the impacts, Rothfus amendment. antiregulatory bill.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1992 CONGRESSIONAL RECORD — HOUSE February 26, 2014 Christopher DeMuth, with the Amer- countable when agencies recklessly destroy for work; and our local businesses are ican Enterprise Institute, a conserv- jobs and wages. just drowning in red tape. ative think tank, stated in his prepared I urge my colleagues to support the amend- They often ask: Doesn’t anyone in testimony: ment. Washington consider the impact on our The ‘‘focus on jobs . . . can lead to confu- Mr. ROTHFUS. Madam Chair, I urge local businesses and the economy from sion in regulatory debates’’ and that the em- my colleagues to pass this amendment. all this new red tape before they put it ployment effects of regulation, while impor- It is a good amendment. It will shine a in place? Well, sadly not often enough. tant, ‘‘are indeterminant.’’ light on the process of the regulatory In 2012, the Federal Government im- The claim by the bill’s proponents, elites here in Washington, D.C., and posed 3,708 new Federal rules. Guess namely, that regulatory uncertainty the impact it is having on our jobs and how many of them had a cost benefit creates a disincentive for businesses to on our wages. analysis? Simply ask the question: add jobs, was rejected by Bruce Bart- I yield back the balance of my time. How does this affect the economy? The lett, a senior policy analyst in the The Acting CHAIR. The question is answer is 14—14 out of more than 3,000. Reagan and George H. W. Bush admin- on the amendment offered by the gen- I applaud Chairman GOODLATTE’s istrations. tleman from Pennsylvania (Mr. commitment to reforming the way this He observed: ROTHFUS). government conducts red tape. I have Regulatory uncertainty is a canard in- The question was taken; and the Act- an amendment that complements his vented by Republicans that allows them to ing Chair announced that the ayes ap- efforts, one drawn from my own Sound use current economic problems to pursue an peared to have it. Regulation Act, which I think is help- agenda supported by the business commu- Mr. ROTHFUS. Madam Chairman, I ful as we move this reform through. nity, year in and year out. In other words, it demand a recorded vote. The point here is this: When a Fed- is a simple case of political opportunism, not The Acting CHAIR. Pursuant to eral agency sets out to adopt new rules a serious effort to deal with high employ- clause 6 of rule XVIII, further pro- and red tape, the agency has a respon- ment. ceedings on the amendment offered by sibility to state clearly the achievable That was Bruce Bartlett. the gentleman from Pennsylvania will objective of those rules or regulations. Leading scholars, such as Wake For- be postponed. After all, our citizens have the right to est Law Professor Sidney Shapiro has AMENDMENT NO. 4 OFFERED BY MR. BRADY OF know what their Federal Government testified: TEXAS intends to accomplish with this red All of the available evidence contradicts The Acting CHAIR. It is now in order tape. the claim that regulatory uncertainty is de- to consider amendment No. 4 printed in terring business development and invest- b 1830 ment. House Report 113–361. Mr. BRADY of Texas. Madam Chair- The agency also has the responsi- Scant demand, not regulations, man, I have an amendment at the desk. bility to tell the American people up drives hiring choices. The Acting CHAIR. The Clerk will front what metrics it is going to use to In sum, there is no credible evidence designate the amendment. measure the progress toward that ob- that regulations depress job creation. The text of the amendment is as fol- jective. No more manipulative statis- I yield back the balance of my time. lows: tics. No more fuzzy math. When the Mr. ROTHFUS. Madam Chairman, Page 17, line 23, strike ‘‘; and’’ and insert agency publishes the final rule, it has may I inquire as to how much time is the following: ‘‘;’’. the responsibility to certify to the remaining? Page 18, line 4, insert ‘‘and’’ after ‘‘rule;’’; American people that the rule actually The Acting CHAIR. The gentleman Page 18, insert after line 4 the following: meets the objective the agency origi- from Pennsylvania has 1 minute re- ‘‘(E) an achievable objective for the rule nally identified. It is just common maining. and metrics by which the agency will meas- sense. Mr. ROTHFUS. Madam Chairman, I ure progress toward that objective;’’. My amendment says to regulators: yield 30 seconds to the gentleman from Page 19, line 20, strike ‘‘and’’. Tell us your objective. Tell us how you Page 19, line 22, insert ‘‘and’’ after ‘‘stat- Virginia (Mr. GOODLATTE), the chair- ute;’’. are going to meet it and measure it. man. Page 19, insert after line 22 the following: Then tell us you actually did what you Mr. GOODLATTE. Madam Chairman, ‘‘(iii) an achievable objective for the rule promised. I thank the gentleman from Pennsyl- and metrics by which the agency will meas- It is common sense, and it may just vania for yielding. ure progress toward that objective;’’. help put this painful recovery behind I strongly support the amendment Page 29, line 13, strike ‘‘and’’. us. that he and the gentleman from Ken- Page 29, insert after line 13 the following: Madam Chairman, I yield to the gen- ‘‘(G) the agency’s reasoned final deter- tucky (Mr. BARR) have offered. I urge tleman from Virginia (Mr. GOODLATTE), mination that the rule meets the objectives my colleagues to support it as well, that the agency identified in subsection the chairman of the committee. which protects America’s workers. (d)(1)(E)(iii) or that other objectives are Mr. GOODLATTE. I thank the gen- I support the amendment. more appropriate in light of the full adminis- tleman from Texas for yielding, and I Those who suffer the most from over-reach- trative record and the rule meets those ob- strongly support his amendment. ing regulations are workers who lose their jobs jectives; Madam Chairman, one of the sim- or see their wages cut on account of regula- ‘‘(H) the agency’s reasoned final deter- plest, most effective, and most com- tions that cost too much. Displaced workers mination that it did not deviate from the monsense measures we can take to suffer lower earnings once they find new work. metrics the agency included in subsection make sure agencies issue smarter regu- (d)(1)(E)(iii) or that other metrics are more That earnings gap persists over the long-term. appropriate in light of the full administra- lations is to require them to do just Blue collar workers are the hardest hit. tive record and the agency did not deviate what this amendment requires: iden- Those who take too long to find new work from those metrics; and’’. tify achievable objectives for new regu- are more likely to leave the labor force and re- Page 29, line 14, strike ‘‘(G)(i) for any lations when they propose them; iden- tire. These workers, their families, and this major rule’’ and insert the following: ‘‘(I)(i) tify metrics by which they will meas- country cannot afford to lose good work, good for any major rule’’. ure whether those objectives are workers and good wages to needless regu- The Acting CHAIR. Pursuant to achieved; and at the end of their latory excess. This amendment makes sure House Resolution 487, the gentleman rulemakings, live by their own, stated that agencies better analyze the potential im- from Texas (Mr. BRADY) and a Member objectives and whether the metrics say pacts of new regulations on jobs and wages. opposed each will control 5 minutes. the proposed regulations can achieve And it makes sure that agencies come clean The Chair recognizes the gentleman them. with the American people when they impose from Texas. That is plain, simple, commonsense new regulations that they know will impose Mr. BRADY of Texas. Madam Chair- decisionmaking that American fami- real adverse impacts on jobs and wages. man, we are going through a very dis- lies and businesses live by every day. It It will protect America’s workers and fami- appointing economic recovery. Millions is high time that Federal agencies be lies—and give voters the information they of people can’t find full-time work; required to live by these standards, need to hold agencies and their enablers ac- millions more have given up looking too.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1993 I urge my colleagues to support the For those reasons, I strongly urge my the money I needed to start my busi- gentleman from Texas’ amendment. colleagues to oppose this amendment. ness and to grow my business. Yet Mr. BRADY of Texas. Madam Chair, I Madam Chair, I yield back the bal- those very same small lenders—those reserve the balance of my time. ance of my time. small banks in Virginia’s Second Con- Mr. JOHNSON of Georgia. Madam Mr. BRADY of Texas. Madam Chair, gressional District—are reeling. They Chair, I rise in opposition to the very briefly, my friend from Georgia is are reeling from waves of new regula- amendment. a good man. I am surprised there aren’t tions, nearly all of which are overly The Acting CHAIR. The gentleman is regulations about when you can send burdensome and so many of which are recognized for 5 minutes. your kids up to clean their rooms not needed at all. They should never Mr. JOHNSON of Georgia. Madam again. have been written. The result is that Chair, this amendment reminds me of Look, this is just saying to Wash- some banks are hiring, but they are how things used to be when I was a ington: tell us what your goal is—how not hiring loan officers; they are hiring young parent and I had my children at you are going to measure it and if you compliance officers. home. When it came time for my favor- achieve it—before you put this red tape From my own experience, Madam ite TV program, I would tell them to on our local businesses. It is common Chairman, and from my own deliberate go upstairs and clean up their room sense and, frankly, long overdue. I urge and intentional listening to the small again. strong support for this amendment. businesses and lenders of Virginia’s They would say, Daddy, we already Madam Chairman, I yield back the Second Congressional District, I have cleaned up the room, and I would say, balance of my time. come to a conclusion which is clear, Go clean it up again. Then when they would scamper up- The Acting CHAIR. The question is which is irrefutable in my mind, and stairs, I would put the TV on and on the amendment offered by the gen- which is deeply troubling. That is that watch my program in peace. So it gave tleman from Texas (Mr. BRADY). the actions of this body collectively them some busy work. The amendment was agreed to. and of the administration have made it That is pretty much what this AMENDMENT NO. 5 OFFERED BY MR. RIGELL more difficult—not easier but more dif- amendment does. It creates an addi- The Acting CHAIR. It is now in order ficult—for small businesses to get the tional requirement in the rulemaking to consider amendment No. 5 printed in credit they need to grow their busi- process for an agency to articulate House Report 113–361. nesses and to hire more people. achievable objectives and metrics indi- Mr. RIGELL. Madam Chairman, I This cannot be reconciled with the cating progress toward those objec- have an amendment at the desk. words that President Obama shared in tives. The Acting CHAIR. The Clerk will this very Chamber in his State of the This amendment piles on the bill’s designate the amendment. Union speech in 2012. It was a state- numerous mandatory new rulemaking The text of the amendment is as fol- ment that should have been the basis requirements, and it implies that agen- lows: for common ground. He noted correctly cies issue rules that lack an achievable Page 53, line 24, strike ‘‘and’’. that most new jobs and businesses, like objective, notwithstanding the fact Page 54, line 3, after ‘‘entitites’’ the fol- my own, were created in startups and that regulations already go through an lowing: ‘‘; and’’. small businesses. extensive public notice and comment Page 54, line 3, insert before the first pe- He said this: period as well as being subjected to ju- riod the following: Let’s pass an agenda that helps small busi- dicial review. ‘‘(8) describing any impairment of the abil- nesses succeed. Tear down regulations that The bill would impose unneeded and ity of small entities to have access to cred- prevent aspiring entrepreneurs from getting costly analytical and procedural re- it’’. the financing to grow. quirements on agencies that would pre- The Acting CHAIR. Pursuant to H.R. 2804 does just that. It is a sig- vent them from performing their statu- House Resolution 487, the gentleman nificant and meaningful step forward tory responsibilities. It would also cre- from Virginia (Mr. RIGELL) and a Mem- in that area. ate needless regulatory and legal un- ber opposed each will control 5 min- That is why I have come to the House certainty, increase costs for businesses utes. floor this evening. What a privilege it and State, local, and tribal govern- The Chair recognizes the gentleman is to be here, to be a strong voice for ments, and it would impede common- from Virginia. the hardworking men and women sense protections for the American Mr. RIGELL. I would like to thank across this country who are laboring public. my fellow Virginian, Chairman GOOD- under an increasing level of burden That is why, Madam Chair, there are LATTE, for his leadership on the under- from the Federal Government—one more than 150 consumer groups, envi- lying bill. I also want to thank Mr. that should get out of the way, yet it ronmental organizations, labor unions, GRAVES, the chairman of the House continues to put roadblock after road- and other entities that are strenuously Committee on Small Business, for block after roadblock in the way of opposed to this bill. These organiza- working with me and my staff on ad- hardworking Americans who are trying tions include the AFL–CIO, the Alli- vancing my amendment. to create jobs. They have mortgages on ance for Justice, the American Federa- Madam Chairman, I think my amend- their homes. They have signed these tion of State, County and Municipal ment is noteworthy first for its brev- loans personally. I understand the bur- Employees, the American Lung Asso- ity, as it is only 14 words long in total, den and the challenges that are faced ciation, the Consumer Federation of yet it packs a powerful and much-need- by small business owners. One reason I America, the Consumers Union, the ed punch because it addresses a central sought this office was to be as strong a International Brotherhood of Team- issue to job creation, which is a shared voice as I could be for those who, if you sters, the UAW, the League of Con- value and a shared objective in this unleash them, are the most powerful servation Voters, the National Wom- House: increasing access to credit and, job-creating engine the world has ever en’s Law Center, the National Re- in some cases, not prohibiting access to known—small business owners in sources Defense Council, People For credit. America. the American Way, Public Citizen, the This is not a theoretical issue for me. That is what H.R. 2804 does, and I Sierra Club, the Service Employees I have been a businessman for 30 years think my amendment strengthens International Union, the Union of Con- and an entrepreneur for about 23 years, that. I appreciate the opportunity to cerned Scientists, and the United and I know the great joy of looking speak in favor of this, and I ask my Steelworkers, just to name a few. into an applicant and fellow Ameri- colleagues for their careful consider- Likewise, the administration has can’s eyes and saying these incredible ation of my amendment because I issued a strongly worded veto threat words: ‘‘You’re hired.’’ Those are life- think, in doing so, they will vote in the against this bill. It warns that the bill changing words. affirmative. I urge my colleagues to would impose unneeded and costly ana- One of the reasons that I could say vote in favor of H.R. 2804 and for my lytical and procedural requirements on those words to those who applied at amendment. agencies that would prevent them from our company was that a local lender, a Madam Chairman, I reserve the bal- performing their statutory duties. small local bank, was able to lend me ance of my time.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1994 CONGRESSIONAL RECORD — HOUSE February 26, 2014 Mr. JOHNSON of Georgia. Madam don’t see regulations as a major con- tions, released in February 2012 a poll of Chair, I rise in opposition to this cern. Its polling confirmed that small small business owners which found that amendment. business owners value regulations if small businesses don’t see regulations as a The Acting CHAIR. The gentleman is they are well-constructed and fairly major concern. Our polling confirmed that small business recognized for 5 minutes. enforced. owners value regulations if they are well- Mr. JOHNSON of Georgia. Madam b 1845 constructed and fairly enforced: Chair, this amendment harkens me Small business owners believe certain gov- back to the time when my kids were They found that small business own- ernment regulations play an important role young and when I was trying to make ers believe certain governmental regu- 86% believe some regulation is necessary sure that they would not jump into lations play an important role: 86 per- for a modern economy and 93% of respond- something where one of their school- cent of them believe some regulation is ents believe their business can live with mates might be being bullied, and then necessary for a modern economy; 93 some regulation if it is fair and manageable. 78% of small employers agree regulations they would jump in on the part of the percent of respondents believe their business can live with some regulation are important in protecting small businesses bully or would just participate in the from i unfair competition and to level the antagonism against the victim, and I if it is fair and manageable; 78 percent playing field with big business. told them not to pile on. of small employers agree regulations 79% of small business owners support hav- This amendment is a classic case of are important in protecting small busi- ing clean air and water in their community piling on. It would add an eighth re- nesses from unfair competition and to in order to keep their family, employees and quirement for the initial regulatory help level the playing field with big customers healthy. flexibility analysis specified by the businesses; 79 percent of small business 61% support standards that move the coun- owners support having clean air and try towards energy efficiency and clean en- bill. The agency would have to provide ergy. a detailed statement describing any water in the community in order to Supporting the ASBC 2012 poll is a Wells impairment of the ability of small en- keep their family, employees, and cus- Fargo/Gallup poll of small businesses con- tities to have access to credit. The bill tomers healthy. ducted this past October, which found that already requires agencies to consider Madam Chair, I include the letter only seven percent mentioned regulations as all indirect costs, which would include from the American Sustainable Busi- being an important challenge. this issue. This amendment would ness Council in the RECORD, and I yield Given the important role regulations play allow yet another ground for a regu- back the balance of my time. yet there still may be a small percentage of businesses having difficulty with them, the lated entity to challenge a rulemaking. AMERICAN SUSTAINABLE answer is not H.R. 2804 and H.R. 899. Instead Title III does nothing to help small BUSINESS COUNCIL, we believe the solution lies in expanding the businesses and other small entities re- Washington, DC, February 25, 2014. capacity of the regulatory agencies to pro- duce compliance costs or to ensure DEAR REPRESENTATIVE: I write you today vide assistance to small businesses in com- agency compliance with the RFA. In- to urge you to oppose the mini-omnibus bill pliance. Increasing the number of agency of four flawed regulatory proposals (pack- stead, this amendment would impose ombudsmen and/or ombudsmen within the aged into H.R. 2804) and H.R. 899, the Un- SBA and giving them the resources to be another unnecessary burden on agen- funded Mandates Transparency and Informa- cies. This is just another piling on of more proactive as well as responsive will tar- tion Act. Votes on these bills are expected get federal dollars to specific areas of con- the already burdensome new rule- this week. These bills hurt small and me- cern. Our experience has been that the om- making requirements. dium sized businesses by halting the regu- budsmen process works well. This amendment as well as the bill latory process that levels the playing group Blocking, weakening or delaying critical ignore the fact that the small busi- for these businesses to compete, creates in- standards and safeguards will not address ex- nesses, like their larger counterparts, centives for innovation and protects our cus- isting needed regulations that a small num- tomers and employees. ber of small businesses have trouble with can substantially impact the health The package of Anti-Regulatory policies and safety of their workers as well as compliance. It will only worsen the uneven these bills represent constitutes a shift away economic playing field that leaves many that of the general public. Small busi- from forty years of regulatory precedent nesses, like all businesses, provide small and medium sized businesses at a com- that protects the public against a range of petitive disadvantage. It also inhibits inno- services and goods that affect our lives market imperfections. These policies will vation in new technologies that can create and carry the same risks of harm as also lead to a more chaotic and less competi- good, sustainable jobs and create safer prod- the services and goods that large busi- tive market. And finally, the bills will have ucts, workplaces and communities. nesses provide. It makes no difference the unintended consequence of shifting the We call on the House of Representatives to burden of proof for environmental, health reject this package of anti-regulatory poli- to someone who is breathing dirty air and safety issues back to taxpayers and or drinking poisoned water whether the cies. away from powerful corporate interests. Sincerely hazards come from a small or a large Eroding the operational capacity of regu- business. DAVID LEVINE, latory agencies to do their job, as these bills CEO. Speaking of business, the American appear designed to do, will not foster produc- FRANK KNAPP, Sustainable Business Council is a grow- tive growth among small and mid-sized Co-chair, ASBC Action ing national coalition of businesses and firms. Instead these actions will allow the Fund & CEO, South business organizations committed to largest firms to further dominate the mar- Carolina Small Busi- advancing policies that support a vi- ketplace. ness Chamber of Also if enacted, this package of bills would Commerce. brant and sustainable economy. The open the door for more problems like the fi- American Sustainable Business Coun- nancial and mortgage crisis of 2008. This Mr. RIGELL. Madam Chair, I would cil, through its partner organizations, would, in our view, would further damage just state to my friend and colleague represents over 200,000 businesses and our economy, stifle consumer demand and that the only piling on, as I see it, are more than 325,000 business profes- put small companies out of business. the regulations that are continuing to sionals, including industry associa- The American Sustainable Business Coun- burden the small business owners. tions, local and State Chambers of cil (ASBC) is a growing national coalition of I yield the remainder of my time to Commerce, micro enterprises, social businesses and business organizations com- the gentleman from Virginia, Chair- mitted to advancing policies that support a enterprises, green and sustainable busi- vibrant and sustainable economy. ASBC, man GOODLATTE, my friend and col- nesses, local livable economy groups, through its partner organizations, represents league. women and minority business leaders, over 200,000 businesses and more than 325,000 Mr. GOODLATTE. I thank the gen- and investors and investor networks. business professionals, including industry as- tleman for yielding, and I strongly sup- While some inside the beltway claim sociations, local and state chambers of com- port his amendment. that regulations are holding back our merce, micro-enterprise, social enterprise, Madam Chair, title III of the economic recovery, the American Sus- green and sustainable business, local living ALERRT Act makes important reforms tainable Business Council has a dif- economy groups, woman and minority busi- to assure that agencies identify wheth- ness leaders, and investor networks. ferent view. It, along with other small While some inside the Beltway claim that er their new regulations will have sig- business organizations, released a Feb- regulations are holding back our economic nificant adverse effects on small busi- ruary 2012 poll of small business owners recovery, ASBC has a different view. ASBC, nesses. One of the most important ad- which found that small businesses along with other small business organiza- verse effects is to identify whether

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1995 these new regulations will make it nomic impact on a substantial number Mr. GOODLATTE. I support his com- harder for small businesses to obtain of small businesses and determine monsense amendment and urge my col- credit. whether those regulations should be leagues to join in making it unani- Small businesses create the majority amended or rescinded to minimize bur- mous. of the new jobs in our economy, yet dens on small businesses. As a part of Mr. TIPTON. Madam Chair, I yield without access to credit, how can they the section 610 review process, agencies back the balance of my time. do that? How can they even survive? must annually publish the list of regu- The Acting CHAIR. The question is The gentleman’s amendment makes lations they plan to review in the Fed- on the amendment offered by the gen- sure that agencies do identify whether eral Register. This amendment makes tleman from Colorado (Mr. TIPTON). new regulations will make it harder for a technical correction to the text of The amendment was agreed to. a substantial number of small busi- title III to ensure this current annual Mr. GOODLATTE. Madam Chairman, nesses to obtain credit. It is a reform publication requirement remains in I move that the Committee do now that is long overdue and especially im- place. It is an entirely appropriate ex- rise. portant as our country struggles to ercise for the agencies to review old The motion was agreed to. achieve a real and durable job recov- regulations and weed out ones that are Accordingly, the Committee rose; ery. outdated, ineffective, or overly burden- and the Speaker pro tempore (Mr. TIP- I thank the gentleman for his amend- some. TON) having assumed the chair, Ms. ment and urge my colleagues to sup- Ten years is a lifetime in terms of ROS-LEHTINEN, Acting Chair of the port it. our private sector’s ability to radically Committee of the Whole House on the Mr. RIGELL. Madam Chair, I yield transform marketplaces. Reviewing state of the Union, reported that that back the balance of my time. the actual impacts of existing regula- Committee, having had under consider- The Acting CHAIR. The question is tions every 10 years just makes sense. ation the bill (H.R. 2804) to amend title on the amendment offered by the gen- Understanding real-world consequences 5, United States Code, to require the tleman from Virginia (Mr. RIGELL). of a regulation on small businesses and Administrator of the Office of Informa- The amendment was agreed to. taking into account changes in other tion and Regulatory Affairs to publish AMENDMENT NO. 6 OFFERED BY MR. TIPTON areas of Federal, State, or local law information about rules on the Inter- The Acting CHAIR. It is now in order that may affect the necessity of the net, and for other purposes, had come to consider amendment No. 6 printed in regulations are just a few of the rea- to no resolution thereon. House Report 113–361. sons that make these reviews abso- f Mr. TIPTON. Madam Chairman, I lutely essential. have an amendment at the desk. The regulatory burden for small busi- COMMUNICATION FROM THE HON- The Acting CHAIR. The Clerk will nesses has not lightened since the pas- ORABLE ROSA L. DELAURO, designate the amendment. sage of RFA. In fact, agencies have MEMBER OF CONGRESS The text of the amendment is as fol- been so busy issuing new regulations The SPEAKER pro tempore laid be- lows: that they have sometimes failed to fore the House the following commu- Page 66, line 1, strike ‘‘The agency’’ and in- comply with already existing require- nication from the Honorable ROSA L. sert ‘‘Each year, each agency’’. ments to annually publish their list of DELAURO, Member of Congress: The Acting CHAIR. Pursuant to regulations to be reviewed and then to HOUSE OF REPRESENTATIVES, House Resolution 487, the gentleman review them. This simply isn’t accept- February 25, 2014 from Colorado (Mr. TIPTON) and a Mem- able. Hon. JOHN A. BOEHNER, ber opposed each will control 5 min- This amendment will relieve Federal Speaker, House of Representatives, utes. agencies of any ambiguity as to wheth- Washington, DC. The Chair recognizes the gentleman er or not this annual publication re- DEAR MR. SPEAKER: This is to notify you formally, pursuant to Rule VIII of the Rules from Colorado. quirement still exists and ensure that Mr. TIPTON. Madam Chairman, I of the House of Representatives, that I have small businesses can continue to make received a subpoena, issued by the United would like to thank Chairman GRAVES their voices heard after a regulation States District Court for the District of New and Chairman GOODLATTE for all of has become implemented. Jersey, purporting to require that I produce their work. I urge Members to vote ‘‘yes’’ on this certain documents, at least some of which I yield myself as much time as I may amendment, and I reserve the balance relate to official functions, and appear to consume. of my time. testify at a deposition on similar matters in Madam Chairman, I rise today in Mr. JOHNSON of Georgia. Madam a particular civil case. support of my amendment to title III, Chairman, I claim the time in opposi- After consulting with the Office of General the Regulatory Flexibility Improve- Counsel, I will make the determinations re- tion to the amendment, though I am in quired by Rule VIII. ments Act, which will ensure that a re- support of this amendment. Sincerely, quirement under current law, the Reg- The Acting CHAIR. Without objec- ROSA L. DELAURO, ulatory Flexibility Act, or RFA, re- tion, the gentleman is recognized for 5 Member of Congress. mains intact. minutes. f As the 1970s came to a close, Con- There was no objection. gress took note of the challenges that Mr. JOHNSON of Georgia. It is to my APPOINTMENT OF MEMBERS TO small businesses were facing. They horror that I would agree to this THE BOARD OF TRUSTEES OF were struggling to run their businesses amendment, but it simply corrects a GALLAUDET UNIVERSITY while complying with an increasing drafting error. So we do not oppose this The SPEAKER pro tempore. The number of complicated regulations. amendment. It makes a thoroughly Chair announces the Speaker’s ap- This led to the passage of the Regu- flawed bill slightly less thoroughly pointment, pursuant to 20 U.S.C. 4303, latory Flexibility Act of 1980, which flawed. and the order of the House of January was designed to improve agency rule- With that, I yield back the balance of 3, 2013, of the following Members on the making. Under statute, the Federal my time. part of the House to the Board of Government agencies looking to regu- Mr. TIPTON. Madam Chair, I thank Trustees of Gallaudet University: late the private sector must evaluate the gentleman for his support of this Mr. YODER, Kansas the costs of doing so on small busi- amendment. It speaks to a very impor- Mr. BUTTERFIELD, North Carolina nesses, and where the costs are found tant point. We have got to make sure f to be significant, seek less burdensome that the agencies are actually doing alternatives to their proposed actions. what the law is requiring. This clari- APPOINTMENT OF MEMBER TO A key piece of the RFA is section 610, fication simply achieves that. THE BRITISH-AMERICAN the ‘‘look-back’’ provision, which re- Mr. GOODLATTE. Will the gen- INTERPALIAMENTARY GROUP quires agencies to periodically evalu- tleman yield? The SPEAKER pro tempore. The ate the necessity of every existing reg- Mr. TIPTON. I yield to the gen- Chair announces the Speaker’s ap- ulation that has ‘‘significant’’ eco- tleman from Virginia. pointment, pursuant to 22 U.S.C. 276,

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1996 CONGRESSIONAL RECORD — HOUSE February 26, 2014 and the order of the House of January go, but, thank God, we have come as three people who but only tried to reg- 3, 2013, of the following Member on the far as we have. ister people to vote had lost their lives part of the House to the British-Amer- This year, we are celebrating the at the hands of the KKK. ican Interparliamentary Group: civil rights in America as a theme for These were the times that I lived in. Mr. ROE, Tennessee Black History Month, civil rights in August 28, 1963. Dr. King called for a f America, and we would like to start by march on Washington, and that march talking about the Civil Rights Act of took place. That march was one of the BLACK HISTORY MONTH 1964. greatest events in the history of the The SPEAKER pro tempore (Mr. WIL- However, before you can really un- civil rights movement. 200,000 to 300,000 LIAMS). Under the Speaker’s announced derstand completely the Civil Rights people assembled, and this is when Dr. policy of January 3, 2013, the gen- Act of 1964, it is important to get some King gave his famous ‘‘I Have a tleman from Texas (Mr. AL GREEN) is sense what the times were like in 1964, Dream’’ speech. recognized for 60 minutes as the des- to get some understanding of what it They also had a list of demands, a ignee of the minority leader. was like to live in the United States of list of demands that included a number Mr. AL GREEN of Texas. Mr. Speak- America in 1964. 8 on a list of 10. Number eight was a er, I would like to thank all of those This is not being done to shame any- minimum wage of $2 an hour. That associated with leadership who have al- one. It is not being done to cause per- minimum wage of $2 an hour, adjusted lowed us to have this time tonight to sons to have some sort of guilty reflec- for inflation, would be more than $13 discuss Black History Month. tions. This is being done so as to help an hour today. The minimum wage was As you are aware, Black History us commemorate some things and cele- a part of the reason why we had the Month has not always been a month. It brate some others. It is important to March on Washington, and I am so started out as a week. The father of understand the times that we lived in. proud that Dr. King stood his ground, Black History Week, which evolved I lived during these times, and I so as to help us develop that minimum into Black History Month, was Mr. would like to start with April 12, 1963, wage that he wanted to have as a living Carter G. Woodson. In fact, he is re- and then I would like to walk us up wage. nowned for not only his having started through some events that will bring us There is before the House now H.R. this time and made it a part of the an- to the signing of the Civil Rights Act 1010, a bill that would produce a living nual events that we celebrate, but he is of 1964. wage because it indexes the minimum also known for his writings. It was April 12, 1963, that Dr. King wage to the Consumer Price Index. It I would like to read an excerpt from was arrested in Birmingham, Alabama. would move the minimum wage from his book, ‘‘The Mis-Education of the He was there to work with others to in- $7.25 an hour to $10.10 an hour incre- Negro.’’ Dr. Woodson encapsulated a tegrate a city that was deeply seg- ments, not all at once. significant point with this passage that regated. In so doing, he was informed It would also help persons who are I shall read. by some members of the clergy and tip workers, who are making currently He indicates: others that he was taking inappro- $2.13 an hour. It would raise their When you control a man’s thinking, you do priate action, he was acting too soon, wages, and would also continue to not have to worry about his actions. You do that the time was not ripe for what he index their wages, so that they would not have to tell him to stand here or go yon- was doing in Birmingham, Alabama. find themselves being able to, hope- der. He will find his proper place and he will As a result of being there and pro- fully, live above the poverty line while stay in it. testing, Dr. King was arrested. He was You do not need to send him to the back working full time. door. He will go without being told. In fact, taken to jail, stayed in jail for 9 days, In this, the richest country in the if there is no back door, he will cut one for and while in jail, he wrote his famous world, a country where 1 out of every his special benefit. His education makes it ‘‘Letter from Birmingham Jail’’ in re- 60 persons is a millionaire—and I don’t necessary. sponse to a statement that was pub- begrudge anyone who is a millionaire, Dr. Carter G. Woodson wrote this in lished by some other members of the a country where 1 of every 11 house- 1933. In 1933, he was trying to call to clergy. If you have not read the ‘‘Let- holds is worth $1 million, and I salute the attention of our country the plight ter from Birmingham Jail,’’ I beg that those who are worth millions of dol- of the American Negro. The plight was you read it because it will help you lars, but in this country, where we one that involved the mentality of the better understand the times, and un- have so much wealth, I don’t believe we American Negro. He was calling to our derstand why Dr. King had to do what ought to have people who work full attention how education was appro- he was doing. time and live below the poverty line, priate for the American Negro to be- The ‘‘Letter from Birmingham Jail’’ and find that employers are subsidized come the independent person that is one of the greatest pieces of Amer- so that these workers can be paid a could do for himself and take care of ican literature that I have been ex- wage that is at or near a poverty level himself and live a life that was based posed to, and I beg you to please take and receive other subsidies from the upon his fulfilling his role in the Amer- the opportunity to read it. government to help them make it in ican Dream. This was in 1933. Let’s move forward to June 11, 1963. America. I am honored today that we have a This is when Governor George Wallace So I am honored that Dr. King resolution that we have filed with the stood in the door at the University of pushed for a wage of $2 an hour at that House, H. Res. 481. This resolution rec- Alabama to block the entry of Vivian time, which would be more than $13 an ognizes the significance of Black His- Malone and James Hood. These were hour today. tory Month. two students who were enrolling. In so Moving forward to September 15 of doing, he caused the President, at that 1963, a tragic occurrence at the 16th b 1900 time, President Kennedy, to federalize Street Baptist Church. This is when This resolution has been signed onto the Alabama National Guard so that four babies—I say they were babies— by all of the members of the Congres- these two students could make their Addie was 14, Cynthia was 14, Carole sional Black Caucus, as well as other way into the University of Alabama. was 14, and Denise was 11. They all lost Members of Congress. This resolution These were the times that I lived in. their lives in church, in church, four extols the virtues of Africans who were These were events that occurred lead- babies, four young girls. brought to the Americas, a people who, ing up to the signing of the Voting These were the times that I lived in. under harsh circumstances, were able Rights Act of 1965, also the Public Ac- These were the times that preceded the to not only survive, but also thrive. commodations Act of 1964. signing of the Voting Rights Act of 1964 It really goes into much of what we June 21, 1964. Three civil rights work- and 1965. call the greatest story that has yet to ers were in Mississippi—Schwerner, November 22, 1963. A President of the be told, a story of people who came to Goodman and Chaney. They lost their United States of America decided to the Americas involuntarily, and who lives in Mississippi registering people come to Texas, and while in Texas, the have done exceedingly well in this to vote. When they died, it caused the President was assassinated. The Honor- country. We still have a long way to country to grieve, understanding that able John F. Kennedy lost his life in

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1997 my home State. I was born in Lou- that I had actually had an opportunity the sweat, and the tears referenced by isiana, but Texas is my home State at to sit near the front of the bus. my colleague—into victories and tri- this time. I remember having to sit in the bal- umphs, victories that are not yet com- When he lost his life, the country cony of the movie. We were not al- plete, victories that we are still work- went into mourning. It was a sad day lowed, in my lifetime, to sit at the first ing on, but victories, nonetheless. for this country to have a President as- level. We always were required to go And I thought it might be appro- sassinated, and this country found that into the balcony of the movie. priate at this time to share a little bit it was necessary to move forward, how- Back of the bus, balcony of the about the community that I represent, ever. movie, and then arrested and placed in El Paso, Texas, and its role in this Another person became President, the bottom of a jail. This is the era struggle to achieve civil rights, human and that, of course, was the Honorable that I grew up in that preceded the rights, and equality for all men under Lyndon Johnson, who was from the signing of the Public Accommodations the law. State of Texas, and it was Lyndon Act, the Voting Rights Act of 1964. I will begin with one of my favorite Johnson who, on July 2, 1964, signed So, Mr. Speaker, I am sure you can stories about El Paso. It is the story of the Civil Rights Act. understand that I have great apprecia- the 1949 Bowie Bears high school base- Now, this Civil Rights Act of 1964 is tion for the Voting Rights Act. The ball team. This was a team that was one that brought great benefits to per- Voting Rights Act means more to me made up of members who lived in the sons of my generation because it dealt than a simple document with words on Segundo Barrio of El Paso, all Mexican with public accommodation, and it in- it. This document may have been writ- American members, all members who tegrated, or desegregated public ac- ten in ink, but it was signed in the lived in what would be seen today as commodations, hotels, restaurants, blood of Schwerner, Goodman, and extreme levels of poverty, who played places that we frequent now and we Chaney; signed in the blood of those baseball with balls that were made of take for granted the opportunity to go babies that lost their lives at the 16th scrap pieces of clothing, gloves that into these places. Street Baptist Church. Written in ink, were stitched together in their own In my lifetime, we could not enter but signed in blood, and it means some- homes, and who won the city cham- the front door of places that we now thing to people of my generation. pionship and won the regional cham- take for granted, that these things So I am proud tonight, and I am hon- pionship. have always been this way. Many do, ored that the leadership has allowed us And as they traveled by bus in 1949 not all, but those of us who are of my to have this time to talk about the on those country highways to our cap- ilk, we remember what it was like. Civil Rights Act in this country, the ital in Austin, Texas, they were denied I can remember when we would trav- means by which we have integrated the ability to stay at motels. ‘‘No el across country, Mr. Speaker. We ourselves. Mexicans or dogs allowed.’’ knew that there were certain places I am proud that my country has They were unable to eat in res- that we could stop, and we knew that come a long way. Make no mistake taurants. They had to eat in the kitch- there were certain places that we dare about it: we have come a very long way ens or eat outside on the bus. The night not stop under any circumstances at in this country, and if anybody says we before the championship game in Aus- all, and we would make sure that we haven’t come a long way, I would chal- tin, Texas—against an Austin, Texas, had enough fuel to make it from one lenge them. I would challenge them be- high school team—they slept under the stop to the next. cause I lived through segregation. bleachers in the field that they were We knew that there were certain I know what segregation looked like. going to play on, instead of being able places that we could eat, and there I saw it on signs that said ‘‘Colored’’ to stay in a hotel or motel in that city; were places where we would have to go and ‘‘White.’’ and they went on to win the first high to the back door, and we would, when school State baseball championship in b 1915 we arrived at these places, always be Texas. courteous and kind to the people that I know what it smells like. I went to Not too long after that, in 1955, El greeted us, and a good many of them the back door and to bathrooms that Paso became the first city in the State were courteous and kind to us, but were not clean. I know what it felt like of Texas to integrate its public schools; there were many who were not. because I was pushed and shoved and and as my colleague from Texas has I remember once, when we were trav- told where to go and what to do. pointed out, up until that point, there eling across country and we wanted These were the times that I lived in. were separate schools for Black chil- some water, and we stopped at a serv- But thank God, we have come a long dren, there were separate schools for ice station, and the operator, I don’t way, and we no longer live in the times White children, and not too long before know that the person was the owner so that preceded the signing of the Voting that, separate schools for Mexican I shall use the term operator, said, yes, Rights Act of 1964. American children. you may have water, but you will have Mr. Speaker, I am honored that I So in 1955, that school board in El to drink it out of an oil can. You can have another Member here who is Paso, Texas, made a very important de- take that can and you can clean it up going to say a few words about civil cision to integrate schools. They were as best you can and you can drink your rights; and then I have another Mem- the first in Texas, one of the first in water from that can. ber who has something special that he the former Confederacy. These were the times that I lived in, will call to our attention; and then I In 1957, El Paso elected the first the times that the 1964 Civil Rights will return; and I am going to say a lit- Mexican American mayor of a major Act, the Public Accommodations Act tle bit tonight about the Voting Rights U.S. city, Raymond Telles. And then, addressed. Act of 1965. Mr. Speaker, on June 7, 1962, the El I can remember the ‘‘Colored’’ water But before I do this, I will yield to Paso City Council, under the leadership fountain. Whenever we went out some- another Member from the great State of Alderman Bert Williams, passed the place near my home, and if we wanted of Texas, a district that includes the first city ordinance of any major city water, we had to drink from a ‘‘Col- city of El Paso, Texas’ 16th Congres- in the former Confederacy outlawing ored’’ water fountain. That ‘‘Colored’’ sional District, the Honorable BETO segregation in hotels, motels, res- water fountain was usually not nearly O’ROURKE. taurants, and theaters; these places of as clean as the ‘‘White’’ water foun- Mr. O’ROURKE. Mr. Speaker, it is a public accommodation that my col- tain. great honor to join my colleague from league has so eloquently described that I can remember having to sit in the the State of Texas in this Special Order were segregated and, in many cases, back of the bus. I traveled from Texas hour today to recognize our history in were barred to African Americans and, to California, and I remember sitting this country when it comes to achiev- in some cases, in El Paso in earlier in the back of the bus, and when I got ing civil rights and perseverance in the years, to Mexican Americans. to someplace near California, they al- face of adversity and some of our President Kennedy, in a speech that lowed me to sit near the front of the shameful past that has been turned, following year, in 1963, a speech which bus. It was the first time in my life through the very hard work—the blood, was titled a ‘‘Special Message to the

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H1998 CONGRESSIONAL RECORD — HOUSE February 26, 2014 Congress on Civil Rights and Job Op- Rights Act of 1964. I am moving for- But here is the other side: The boy- portunities,’’ recognized this achieve- ward to 1965. I have mentioned persons cott was effective. It was an order from ment in Texas, El Paso, where we were assembled at a church. I have men- Frank M. Johnson, as a part of a three- the first community in the former Con- tioned the Edmund Pettus Bridge. judge panel, concluding that that seg- federacy to desegregate those places of These persons assembled at this regation was unconstitutional based public accommodation. church because they were going to upon Brown v. Board of Education, And lastly, Mr. Speaker, I would march from Selma to Montgomery, a which had been decided about a year draw our attention to the 1966 Texas peaceful march. When they approached earlier. Frank M. Johnson signed the Western Miners, a college basketball the Edmund Pettus Bridge, they knew order along with two other judges. team that fielded the first all-Black that on the other side of that bridge Frank M. Johnson went on to sign or- starting five to compete for a national were men with clubs, some on horses. ders integrating schools, voting title game. They knew that their fate was uncer- rights—his history is replete with or- Those five young men not only won tain, but they marched on; and when ders that he signed to change the face the national championship against they approached these men—I can re- of the South. Paraphrasing Dr. King, some of the longest of odds versus Ken- member the Honorable JOHN LEWIS, a Frank M. Johnson gave meaning to the tucky, but in doing so, they effectively Member of Congress from Georgia—he word ‘‘justice,’’ a White Republican ended segregation in intercollegiate tells this story: He says that they were Federal judge. athletics and did a lot to further end beating them, and he thought that he I mention these things tonight be- discrimination more broadly in the was going to die. They were beaten all cause I want people to know that Black United States. the way back to the church where they history is American history and that it So I would just join with my col- started. This was in 1965, a year after includes people of all hues and genders league and associate, myself, with his the 1964 Voting Rights Act was signed. and persuasions; and it is a history comments about the Voting Rights Act Well, Dr. King came to Montgomery, that, quite frankly, we cannot forget. and the need to persevere in the face of Alabama, to Selma, Alabama; and Dr. There are some aspects of it that we adversity, to recognize those triumphs King proceeded with the march. This are not proud of, but it is a history that we have achieved so far, but not was after the time that we call that is ours, and we can never, ever ig- to claim victory until we are assured ‘‘Bloody Sunday.’’ Dr. King came, and nore our history. Just as we cannot ig- that everyone is treated equally under they marched from Selma to Mont- nore what happened at Pearl Harbor, the law, that everyone has access to gomery. just as we cannot ignore what hap- the ballot box, and that we truly are a But now, this is where the story gets pened on 9/11, we cannot ignore many country that treats everyone equally interesting because there is a person of the things that happened in the his- under the Constitution. that I have labeled ‘‘the greatest un- tory of African Americans. So I hope that, as a representative of sung hero of the civil rights move- So with Frank M. Johnson having al- El Paso, Texas, a community that has ment,’’ barring none, the greatest un- lowed the marchers to move forward by such a proud history of leading in sung hero of the civil rights movement, signing this order, later on, the same Texas and leading in the former Con- a person who is known to very few peo- President, Lyndon Johnson, signed the federacy, in leading in the U.S. on im- ple, a person who made it possible for Voting Rights Act of 1965. portant civil rights, human rights, and Dr. King and the marchers to move I am probably in Congress because of equality issues, that I will be able to from Selma to Montgomery without the Voting Rights Act of 1965 because join you, Mr. GREEN, in this fight and having to confront the constabulary it provided a means by which districts join this Congress in doing the right that engaged in a brutal act previously could be drawn with consideration thing. and may have done a similar thing. given to population, as opposed to ge- Mr. AL GREEN of Texas. I thank you This man, the greatest unsung hero ography. for your excellent recitation, and you of the civil rights movement, was a Re- That Voting Rights Act, section 5, is have already become a part of this Con- publican. This man was not of African what allowed a good many people who gress, of course, but also of the fight. ancestry. He was an Anglo. This man are right here in this Congress today to You have really hit the ground run- was appointed to a Federal judgeship be here, the Voting Rights Act of 1965 ning. by President Eisenhower. This man and section 5 of it. I want to salute you and let your signed the order for them to march b 1930 constituents know that they can be from Selma to Montgomery. proud of what you have accomplished Now, you might say: Well, signing an As you know, section 5 has been in a very short time in the Congress of order is no big deal. It was then. Re- made impotent by the evisceration of the United States of America. member the times. It was a big deal to section 4. Section 4 was declared un- Thank you for spending time with us sign that order. In fact, for more than constitutional. One of the things that I this evening. a decade, he had to be protected by have learned in my years on the planet Mr. O’ROURKE. Thank you. U.S. marshals, the Honorable Frank M. is that while I don’t always agree with Mr. AL GREEN of Texas. Mr. Speak- Johnson, a district court judge. the judiciary, I do respect the judici- er, if I may, I would like to know how But the story of Frank M. Johnson ary. I didn’t agree with the decision to much time I have remaining because I doesn’t really start with the Edmund declare section 4 unconstitutional, but would also like to yield to the gen- Pettus Bridge. It actually starts with I respect the opinion, and, as a result, tleman from Florida (Mr. GRAYSON) at Rosa Parks. When Rosa Parks took I will do what I can to correct it here the end of my commentary. that seat and ignited the spark that in the Halls of Congress. The SPEAKER pro tempore. The gen- started the civil rights movement, I think that we have a great oppor- tleman from Texas has 35 minutes re- Rosa Parks went to jail that night. tunity here to do something to maining. There is a White side to Black his- strengthen the Voting Rights Act, the Mr. AL GREEN of Texas. I assure tory. Rosa Parks’ bail was posted by same Voting Rights Act that Mr. JOHN you, Mr. GRAYSON, that I will have Ms. Virginia Durr and her husband. A LEWIS marched to bring into being and time for you. White woman posted the bail to get that people lost their lives to bring I would like to now move forward to Rosa Parks out of jail. There is a White into being. That same Voting Rights 1965—1965 and persons who assembled side to Black history. Act can be strengthened and be made at a church near the Edmund Pettus But let’s get back to Frank M. John- useful and viable for a good many peo- Bridge. If you have not seen the Ed- son. They decided that they would not ple. mund Pettus Bridge, I would beg that ride the bus; and for over a year, they So I will conclude with this. But I do you take an opportunity to see the Ed- provided alternative transportation; want one more evidence of how much mund Pettus Bridge. and they boycotted. And in so doing, in time I have remaining. Remember now, we are talking about boycotting, they brought this to the Mr. Speaker, can you give me one civil rights in the United States of attention of not only the United more count on the time? And I will America. We talked about the Voting States, but also to the world. come to my conclusion.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — HOUSE H1999 The SPEAKER pro tempore. The gen- God bless you, and I yield to Mr. Mr. WESTMORELAND (at the request of tleman from Texas has 27 minutes re- GRAYSON. Mr. CANTOR) for today after 2:30 p.m. maining. Mr. GRAYSON. Mr. Speaker, today is on account of attending a visitation for Mr. AL GREEN of Texas. Mr. GRAY- a sad anniversary. Twenty years ago a funeral. SON, I assure you, you will have ample today, the brilliant comedian, Bill f time. Hicks, died of cancer at the age of 32. I want to conclude with this: I be- Hicks’ comedy has been an inspiration ADJOURNMENT lieve that this is a great country. Not- to me and millions of others. He has Mr. GRAYSON. Mr. Speaker, I move withstanding all that I have explained been voted the fourth greatest stand-up that the House do now adjourn. about Black history, this is a great comedian of all time. And if Hicks were The motion was agreed to; accord- country, and I love my country. I be- alive to hear that, he would complain ingly (at 7 o’clock and 39 minutes lieve that this is a country that has al- bitterly about losing out to Gandhi, p.m.), under its previous order, the lowed me privileges and opportunities Einstein, and Stalin. House adjourned until tomorrow, that I probably could not have enjoyed In honor of Bill Hicks, I would like to Thursday, February 26, 2014, at 10 a.m. in another place. So let me share this try to yield this platform to him. This for morning-hour debate. brief vignette with you. is how Bill Hicks ended his own per- I was not born into riches, obviously, formances. He would say to the audi- f based upon the stories that I have told, ence: EXECUTIVE COMMUNICATIONS, but from very poor parents. My father You have been fantastic. I hope you have ETC. could neither read nor write. enjoyed the show. There is a point to my act. Under clause 2 of rule XIV, executive I remember going to work with my Is there a point to my act? Let’s find a point. father one day. I have no idea as to I would say the point of my act—and I have communications were taken from the why I was there. My father was a me- to—but the point is this: Speaker’s table and referred as follows: chanic’s helper. He was not a me- The world is a ride like an amusement 4812. A letter from the Acting Under Sec- chanic. He was a helper. He was the park. And when you choose to go on it, you retary, Department of Defense, transmitting person who would clean up the wet spot think it is real because that is how powerful a letter on the approved retirement of Gen- our minds are. And the ride goes up and on the floor. He was the person who eral Keith B. Alexander, United States down, and it goes round and round. It has Army, and his advancement on the retired would fetch the tools and do the things thrills and chills, and it is very brightly col- list in the grade of general; to the Com- that were required that many people ored, and it is very loud and it is fun. For a mittee on Armed Services. would not do. And I heard them address while. 4813. A letter from the Acting Under Sec- my father by a name that I was not fa- Some people have been on the ride for a retary, Department of Defense, transmitting miliar with. They called him ‘‘Sec- long time, and they begin to question: ‘‘Is it a letter on the approved retirement of Lieu- retary.’’ And as any child would, I sup- real or is it a ride?’’ And other people, they tenant General William N. Phillips, United pose, I made an inquiry: Why do they have remembered, and they come back to us, States Army, and his advancement on the re- call you Secretary? He explained to me and they say: ‘‘Hey, don’t worry. Don’t be tired list in the grade of lieutenant general; afraid, ever. Because it is just a ride.’’ And that they were making fun of him, that to the Committee on Armed Services. we kill those people. We kill those people. 4814. A letter from the Assistant Secretary, they were aware that he could not read We tell them: ‘‘Shut him up. We have a lot Department of Defense, transmitting the De- and that he could not write, and they invested in this ride. Shut him up. Look at partment’s report on assistance provided for were making fun of him. the furrows of worry. Look at my big bank sporting events during calendar year 2013; to I said: Well, why would you do this? account and my family. This has to be real.’’ the Committee on Armed Services. Why would you let them make fun of This can’t be just be a ride. But it is just 4815. A letter from the Chairman and Presi- you like this? Why would you let them a ride. And we always kill those good guys dent, Export-Import Bank, transmitting a do this to you? who try to tell us that it is just a ride. Have report on transactions involving U.S. exports you ever noticed that? And we let the de- It hurt as a young child to see your to Kenya Airways of Nairobi, Kenya; to the mons run amok. Committee on Financial Services. father being made fun of because he But it doesn’t matter because it is just a 4816. A letter from the Secretary, Depart- could not read and he could not write. ride, and we can change it any time we want. ment of Health and Human Services, trans- By the way, it was not his choice. It It is only a choice. No effort. No worry. No mitting a report entitled, ‘‘The Children’s job. No savings and money. It is just a ride. wasn’t his choice to be a person who Health Insurance Program Reauthorization It is a choice, right now, between fear and could not read or write. Act (CHIPRA) Mandated Evaluation of Ex- love. The eyes of fear want you to put bigger But my father’s answer is really what press Lane Eligibility: Final Findings’’; to locks on your doors and buy guns and close this story is all about. When I said to the Committee on Energy and Commerce. yourself off. The eyes of love instead see all him: Why would you let them do this 4817. A letter from the Director, Regu- of us as one. to you? He said to me, after having Here is what we can do to change the world latory Management Division, Environmental told me many more things, but he said right now into a better ride. Take all the Protection Agency, transmitting the Agen- to me: I do it, and I accept it because money that we spend on weapons and defense cy’s final rule — Acetochlor; Pesticide Toler- I want you to be able to read and write. each year and, instead, spend it on feeding, ances [EPA-HQ-OPP-2012-0829; FRL-9904-19] And isn’t it wonderful that the son of clothing, and educating the poor of this received January 22, 2014, pursuant to 5 a secretary can now stand in the well world which we could do many times over— U.S.C. 801(a)(1)(A); to the Committee on En- ergy and Commerce. of the House of Representatives in the not just one human being, but all of us, no one excluded. And then we can explore space 4818. A letter from the Director, Regu- United States of America and read and latory Management Division, Environmental write laws for the United States of together, both inner and outer, forever in peace. Protection Agency, transmitting the Agen- America? Thank you very much. You have been cy’s final rule — Approval and Promulgation I thank you for the time, Mr. Speak- great. I hope you enjoyed it. You are fan- of Air Quality Implementation Plans; Dela- er. I am grateful to all who made it tastic. Thank you very much. ware; Attainment Plan for the Philadelphia- possible for us to have this hour. And I Wilmington, Pennsylvania-New Jersey-Dela- Bill Hicks wrote his own eulogy, and ware Nonattainment Area for the 1997 An- believe that ours is the best country in that was how he ended his act. This is the world. I believe that it really nual Fine Particulate Matter Standard; Cor- what he said in his own final words in rection [EPA-R03-OAR-2010-0141; 9905-88-Re- doesn’t get much better than the his own eulogy: gion 3] received January 30, 2014, pursuant to United States of America. There are I left here in love, in laughter, and in 5 U.S.C. 801(a)(1)(A); to the Committee on things that we need to do and things truth. And wherever truth, love, and laugh- Energy and Commerce. that we need to correct. But on a bad ter abide, I am there in spirit. 4819. A letter from the Director, Regu- day, it is good to live in the USA. On a Rest in peace, Bill Hicks. latory Management Division, Environmental bad day, when your dog that you reared Mr. AL GREEN of Texas. I yield Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation from a pup wants to bite you, on a bad back. day when your spouse wants to desert of Air Quality Implementation Plans; Texas; f Approval of Texas Motor Vehicle Rule Revi- you, if you have to have your dog bite LEAVE OF ABSENCE sions [EPA-R06-OAR-2006-0885; FRL-9906-03- you and your spouse desert you, have it Region 6] received January 30, 2014, pursuant happen in the United States of Amer- By unanimous consent, leave of ab- to 5 U.S.C. 801(a)(1)(A); to the Committee on ica. sence was granted to: Energy and Commerce.

VerDate Sep 11 2014 07:38 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD14\FEB 2014\H26FE4.REC H26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE H2000 CONGRESSIONAL RECORD — HOUSE February 26, 2014 4820. A letter from the Director, Regu- transmitting a semi-annual report to Con- of schools; to the Committee on Energy and latory Management Division, Environmental gress on the continued compliance of Azer- Commerce. Protection Agency, transmitting the Agen- baijan, Kazakhstan, Tajikistan, and Uzbek- By Mr. GRAVES of Missouri: cy’s final rule — Approval and Promulgation istan with the Trade Act’s freedom of emi- H.R. 4093. A bill to amend the Small Busi- of Air Quality Implementation Plans; Utah; gration provisions, as required under the ness Act to raise the prime and subcontract Revisions to Utah Administrative Code-Per- Jackson-Vanik Amendment; to the Com- goals, and for other purposes; to the Com- mit: New and Modified Sources [EPA-R08- mittee on Ways and Means. mittee on Small Business. OAR-2013-0395; FRL-9904-24-Region 8] re- 4830. A letter from the Secretary, Depart- By Mr. GRAVES of Missouri: ceived January 30, 2014, pursuant to 5 U.S.C. ment of the Treasury, transmitting a report H.R. 4094. A bill to direct the Adminis- 801(a)(1)(A); to the Committee on Energy and concerning the operations and status of the trator of the Small Business Administration Commerce. Government Securities Investment Fund (G- to develop and implement a plan to improve 4821. A letter from the Director, Regu- Fund) of the Federal Employees Retirement the quality of data reported on bundled and latory Management Division, Environmental System during the debt issuance suspension consolidated contracts, and for other pur- Protection Agency, transmitting the Agen- period; jointly to the Committees on Over- poses; to the Committee on Small Business. cy’s final rule — Approval and Promulgation sight and Government Reform and Ways and By Mr. RUNYAN (for himself and Ms. of Implementation Plans; Utah; Revisions to Means. TITUS): Utah Rule R307-107; General Requirements; 4831. A letter from the Assistant Secretary H.R. 4095. A bill to increase, effective as of Breakdown [EPA-R08-OAR-2012-0746; FRL- for Legislative Affairs, Department of the December 1, 2014, the rates of compensation 9902-49-Region 8] received January 30, 2014, Treasury, transmitting a report covering the for veterans with service-connected disabil- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- operation and status of the relevant federal ities and the rates of dependency and indem- mittee on Energy and Commerce. fund accounts; jointly to the Committees on nity compensation for the survivors of cer- 4822. A letter from the Director, Regu- Ways and Means and Oversight and Govern- tain disabled veterans, and for other pur- latory Management Division, Environmental ment Reform. poses; to the Committee on Veterans’ Af- Protection Agency, transmitting the Agen- fairs. cy’s final rule — Approval and Promulgation f By Mr. RUNYAN (for himself and Ms. of State Implementation Plans; Utah; Pre- REPORTS OF COMMITTEES ON TITUS): vention of Significant Deterioration; Green- PUBLIC BILLS AND RESOLUTIONS H.R. 4096. A bill to amend title 38, United house Gas Permitting Authority and Tai- States Code, to provide for annual cost-of- loring Rule [EPA-R08-OAR-2012-0300; FRL- Under clause 2 of rule XIII, reports of living adjustments to be made automatically 9903-27-Region 8] received January 30, 2014, committees were delivered to the Clerk by law each year in the rates of disability pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for printing and reference to the proper compensation for veterans with service-con- mittee on Energy and Commerce. calendar, as follows: nected disabilities and the rates of depend- 4823. A letter from the Director, Regu- ency and indemnity compensation for sur- latory Management Division, Environmental Ms. FOXX: Committee on Rules. House vivors of certain service-connected disabled Protection Agency, transmitting the Agen- Resolution 492. Resolution providing for con- veterans; to the Committee on Veterans’ Af- cy’s final rule — Cyantraniliprole; Pesticide sideration of the bill (H.R. 899) to provide for fairs. additional safeguards with respect to impos- Tolerances [EPA-HQ-OPP-2011-0668; FRL- By Mr. MCDERMOTT: 9388-7] received January 30, 2014, pursuant to ing Federal mandates, and for other purposes H.R. 4097. A bill to ensure that proper in- 5 U.S.C. 801(a)(1)(A); to the Committee on (Rept. 113–362). Referred to the House Cal- formation gathering and planning are under- Energy and Commerce. endar. taken to secure the preservation and recov- 4824. A letter from the Director, Regu- f ery of the salmon and steelhead of the Co- latory Management Division, Environmental lumbia River Basin in a manner that pro- Protection Agency, transmitting the Agen- PUBLIC BILLS AND RESOLUTIONS tects and enhances local communities, en- cy’s final rule — Diflubenzuron; Pesticide Under clause 2 of rule XII, public sures effective expenditure of Federal re- Tolerances [EPA-HQ-OPP-2012-0515; FRL- sources, and maintains reasonably priced, re- 9904-27] received January 30, 2014, pursuant bills and resolutions of the following titles were introduced and severally re- liable power, to direct the Secretary of Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on merce to seek scientific analysis of Federal Energy and Commerce. ferred, as follows: efforts to restore salmon and steelhead listed 4825. A letter from the Director, Regu- By Mr. BECERRA (for himself, Mr. under the Endangered Species Act of 1973, latory Management Division, Environmental LEVIN, Mr. RANGEL, Mr. DOGGETT, and for other purposes; to the Committee on Protection Agency, transmitting the Agen- Mr. THOMPSON of California, Ms. Transportation and Infrastructure, and in cy’s final rule — Significant New Use Rule SCHWARTZ, and Mr. CROWLEY): addition to the Committees on Natural Re- on Certain Chemical Substances [EPA-HQ- H.R. 4090. A bill to amend title II of the So- sources, and Energy and Commerce, for a pe- OPPT-2012-0182; FRL-9399-1] (RIN: 2070-AJ00) cial Security Act to improve the Social Se- riod to be subsequently determined by the received January 30, 2014, pursuant to 5 curity Administration’s ability to fight U.S.C. 801(a)(1)(A); to the Committee on En- Speaker, in each case for consideration of fraud, prevent errors, and protect the Social such provisions as fall within the jurisdic- ergy and Commerce. Security Trust Fund, and for other purposes; 4826. A letter from the Director, Regu- tion of the committee concerned. to the Committee on Ways and Means, and in latory Management Division, Environmental By Mrs. BLACKBURN (for herself, Mr. addition to the Committee on the Budget, Protection Agency, transmitting the Agen- FLEISCHMANN, Mr. DUNCAN of Ten- for a period to be subsequently determined cy’s final rule — alpha-Alkyl-w-Hydroxypoly nessee, Mr. DESJARLAIS, Mr. ROGERS by the Speaker, in each case for consider- (Oxypropylene) and/or Poly (Oxyethylene) of Kentucky, Mrs. BLACK, Mr. ation of such provisions as fall within the ju- Polymers Where the Alkyl Chain Contains a FINCHER, Mr. BARR, Mr. RAHALL, and risdiction of the committee concerned. Minimum of Six Carbons etc.; Exemption Mr. ROE of Tennessee): from the Requirement of a Tolerance [EPA- By Mr. POE of Texas: H.R. 4098. A bill to amend the Horse Pro- HQ-OPP-2013-0210; FRL-9394-2] received Janu- H.R. 4091. A bill to authorize Members of tection Act to provide increased protection ary 30, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); Congress to bring an action for declaratory for horses participating in shows, exhibi- to the Committee on Energy and Commerce. and injunctive relief in response to a written tions, or sales, and for other purposes; to the 4827. A letter from the Director, Defense statement by the President or any other offi- Committee on Energy and Commerce. Security Cooperation Agency, transmitting cial in the executive branch directing offi- By Mr. BRALEY of Iowa: the Agency’s reports containing the Sep- cials of the executive branch to not enforce H.R. 4099. A bill to make supplemental ap- tember 30, 2013, status of loans and guaran- a provision of law; to the Committee on the propriations for fiscal year 2014 for the tree tees issued under Section 25(a)(11) of the Judiciary. and wood pests activities of the Animal and Arms Export Control Act; to the Committee By Mr. CARTWRIGHT (for himself, Mr. Plant Health Inspection Service and for cer- on Foreign Affairs. WELCH, Mr. SIRES, Ms. SHEA-PORTER, tain forest health management and urban 4828. A letter from the Director, National Mr. HOLT, Mr. PETERS of California, and community forestry activities of the Legislative Division, American Legion, Mr. LOEBSACK, Mr. LARSON of Con- Forest Service; to the Committee on Appro- transmitting the financial statement and necticut, Mr. LOWENTHAL, Mr. priations, and in addition to the Committee independent audit of The American Legion, DELANEY, Ms. CLARK of Massachu- on the Budget, for a period to be subse- proceedings of the 95th Annual National Con- setts, Mr. SCHIFF, Mr. MULLIN, Mr. quently determined by the Speaker, in each vention of the American Legion, held in PRICE of North Carolina, Mr. POCAN, case for consideration of such provisions as Houston, Texas from August 23 — August 29, Mr. CONNOLLY, Mr. GRAYSON, Mr. fall within the jurisdiction of the committee 2013, and a report on the Organization’s ac- SABLAN, and Mr. HONDA): concerned. tivities for the year preceding the Conven- H.R. 4092. A bill to amend the Energy Pol- By Mr. COTTON (for himself, Mr. tion; (H. Doc. No. 113—93); to the Committee icy and Conservation Act to establish the Of- GRAVES of Missouri, Mr. THOMPSON of on Veterans’ Affairs and ordered to be print- fice of Energy Efficiency and Renewable En- Pennsylvania, Mr. GRIFFIN of Arkan- ed. ergy as the lead Federal agency for coordi- sas, Mr. WOMACK, Mr. BROUN of Geor- 4829. A letter from the Assistant Secretary, nating Federal, State, and local assistance gia, Mr. BRIDENSTINE, and Mr. Legislative Affairs, Department of State, provided to promote the energy retrofitting CRAWFORD):

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H.R. 4100. A bill to amend the Water Re- United States Constitution, which provides H.R. 580: Mr. KELLY of Pennsylvania. sources Development Act of 1992 to permit Congress with the ability to enact legisla- H.R. 594: Mr. CONNOLLY, Mr. KEATING, Mr. the collection of user fees by non-Federal en- tion necessary and proper to effectuate its SIRES, Mr. LANCE, Ms. CLARK of Massachu- tities in connection with the challenge cost- purposes in taxing and spending. setts, and Mr. DOYLE. sharing program for management of recre- By Mr. RUNYAN: H.R. 645: Mr. DOYLE and Mr. CARTWRIGHT. ation facilities, and for other purposes; to H.R. 4095. H.R. 647: Mr. COSTA and Mr. HASTINGS of the Committee on Transportation and Infra- Congress has the power to enact this legis- Washington. structure. lation pursuant to the following: H.R. 713: Mr. HUFFMAN. By Mrs. ELLMERS: Article I, Section 8 H.R. 718: Mr. LAMBORN, Mrs. BLACKBURN, H.R. 4101. A bill to amend title 10, United By Mr. RUNYAN: and Mr. PITTENGER. States Code, to ensure that a TRICARE ben- H.R. 4096. H.R. 741: Mr. GARDNER. eficiary receives written notice of any Congress has the power to enact this legis- H.R. 794: Mr. HUFFMAN. change to benefits received by the bene- lation pursuant to the following: H.R. 812: Mr. FRELINGHUYSEN. ficiary under the TRICARE program, and for Article I, Section 8 H.R. 921: Ms. BROWN of Florida. other purposes; to the Committee on Armed By Mr. MCDERMOTT: H.R. 946: Mr. ROYCE. Services. H.R. 4097. H.R. 962: Mr. FITZPATRICK. By Mr. MILLER of Florida (for himself Congress has the power to enact this legis- H.R. 964: Ms. PINGREE of Maine. and Mrs. WALORSKI): lation pursuant to the following: H.R. 1010: Mr. BERA of California and Mr. H.R. 4102. A bill to amend title 38, United Article 1, Section 8, Clause 3 of the United PERLMUTTER. States Code, to clarify that the estate of a States Constitution H.R. 1015: Mr. TIERNEY. deceased veteran may receive certain ac- By Mrs. BLACKBURN: H.R. 1252: Mr. HUFFMAN and Mr. TIERNEY. crued benefits upon the death of the veteran, H.R. 4098. H.R. 1339: Mr. TERRY. and for other purposes; to the Committee on Congress has the power to enact this legis- H.R. 1477: Mr. DEUTCH. Veterans’ Affairs. lation pursuant to the following: H.R. 1515: Ms. ROS-LEHTINEN. By Mr. NADLER: Article I, Section 8, Clause 3. The Congress H.R. 1518: Mr. WITTMAN. H.R. 4103. A bill to amend title 17, United shall have Power To regulate Commerce H.R. 1528: Mr. PERLMUTTER, Mr. ISRAEL, States Code, to secure the rights of visual with foreign Nations, and among the several Mr. WITTMAN, and Ms. LEE of California. artists to copyright, to provide for resale States, and with the Indian Tribes. H.R. 1551: Mr. JORDAN and Mr. BARR. royalties, and for other purposes; to the By Mr. BRALEY of Iowa: H.R. 1553: Mr. FOSTER, Mr. QUIGLEY, and Committee on the Judiciary. H.R. 4099. Mr. ENYART. By Mr. POE of Texas (for himself and Congress has the power to enact this legis- H.R. 1573: Mr. LEWIS. Mr. KEATING): lation pursuant to the following: H.R. 1619: Mr. MARCHANT. H. Res. 491. A resolution affirming the sup- This bill is enacted pursuant to the power H.R. 1658: Mr. ELLISON. port of the United States for Georgia’s acces- granted to Congress under Article I, Section H.R. 1696: Mr. RIBBLE. sion to the North Atlantic Treaty Organiza- 8, Clause 18 of the United States Constitu- H.R. 1717: Mr. HUNTER and Mrs. ELLMERS. tion (NATO); to the Committee on Foreign tion. H.R. 1723: Mr. NADLER. Affairs. By Mr. COTTON: H.R. 1726: Mr. LUETKEMEYER. H.R. 1732: Ms. LOFGREN. f H.R. 4100. Congress has the power to enact this legis- H.R. 1738: Ms. KUSTER, Mr. PIERLUISI, Mr. CONSTITUTIONAL AUTHORITY lation pursuant to the following: TAKANO, Ms. DELAURO, Ms. KAPTUR, Mr. STATEMENT Article 4, Section 3, Clause 2—The Con- COURTNEY, and Mr. VEASEY. H.R. 1751: Mr. DELANEY. Pursuant to clause 7 of rule XII of gress shall have Power to dispose of and make all needful Rules and Regulations re- H.R. 1812: Mr. TAKANO. the Rules of the House of Representa- ASCRELL specting the Territory or other Property be- H.R. 1838: Mr. P . H.R. 1851: Mr. CUELLAR. tives, the following statements are sub- longing to the United States. H.R. 1915: Mr. DAVID SCOTT of Georgia, Mr. mitted regarding the specific powers By Mrs. ELLMERS: RANGEL, and Ms. MOORE. granted to Congress in the Constitu- H.R. 4101. H.R. 1918: Mr. MCNERNEY, Mr. CUELLAR, tion to enact the accompanying bill or Congress has the power to enact this legis- Mr. MCDERMOTT, and Mr. PAYNE. lation pursuant to the following: joint resolution. H.R. 1920: Ms. WILSON of Florida. The authority to enact this bill is derived By Mr. BECERRA: H.R. 1995: Ms. ESTY. from, but may not be limited to, Clause 12 of H.R. 4090. H.R. 2005: Mr. HONDA. Section 8 of Article 1 of the United States Congress has the power to enact this legis- H.R. 2028: Mr. HOLT and Ms. JACKSON LEE. Constitution to raise and support Armies. lation pursuant to the following: H.R. 2078: Mr. KIND. By Mr. MILLER of Florida: Article I, Section 8, Clause 1 of the United H.R. 2109: Mr. CONYERS. H.R. 4102. States Constitution, to ‘‘provide for the com- H.R. 2220: Mr. OLSON. Congress has the power to enact this legis- mon Defence and general Welfare of the H.R. 2305: Mr. OLSON and Mr. KINZINGER of United States.’’ lation pursuant to the following: Illinois. Article I. Section 8. By Mr. POE of Texas: H.R. 2315: Mr. BOUSTANY and Mr. NOLAN. By Mr. NADLER: H.R. 4091. H.R. 2328: Mr. BARBER. H.R. 4103. Congress has the power to enact this legis- H.R. 2468: Mr. GARY G. MILLER of Cali- Congress has the power to enact this legis- lation pursuant to the following: fornia, Mr. LEWIS, Mr. ISRAEL, and Mr. lation pursuant to the following: Article 3 Section 1 HONDA. Article 1, sec. 8, cl. 3 (commerce clause), cl. By Mr. CARTWRIGHT: H.R. 2548: Mr. KENNEDY, Mrs. MCMORRIS 8 (copyright clause), and cl. 18 (necessary and H.R. 4092. RODGERS, Mr. QUIGLEY, Ms. ROS-LEHTINEN, proper clause). Congress has the power to enact this legis- Mr. CONYERS, and Mr. HIGGINS. lation pursuant to the following: f H.R. 2577: Mr. RIBBLE. Article 1, Section 8 (relating to the power H.R. 2656: Ms. CHU. of Congress to lay and collect taxes, duties, ADDITIONAL SPONSORS H.R. 2663: Mr. CICILLINE. imposts and excises, to pay the debts and Under clause 7 of rule XII, sponsors H.R. 2710: Mrs. BACHMANN. provide for the common defense and general H.R. 2725: Mr. CARSON of Indiana. were added to public bills and resolu- welfare of the United States.) H.R. 2772: Mr. KIND. By Mr. GRAVES of Missouri: tions, as follows: H.R. 2790: Mr. CONNOLLY. H.R. 4093. H.R. 38: Mr. COURTNEY, Mr. TERRY, and Mr. H.R. 2794: Mr. GARDNER. Congress has the power to enact this legis- SMITH of Washington. H.R. 2818: Mr. POCAN. lation pursuant to the following: H.R. 164: Mr. MURPHY of Pennsylvania, Mr. H.R. 2841: Mr. BARBER, Ms. BROWN of Flor- The Congress enacts this bill pursuant to SCHNEIDER, Mr. MARINO, Mr. VARGAS, Mr. ida, Ms. SCHWARTZ, and Mr. HINOJOSA. Clause 1 of Section 8 of Article I of the COLE, Mr. SEAN PATRICK MALONEY of New H.R. 2854: Mr. NEUGEBAUER. United States Constitution, which provides York, and Mr. GINGREY of Georgia. H.R. 2874: Ms. MCCOLLUM and Mr. Congress with the ability to enact legisla- H.R. 223: Mr. PRICE of North Carolina. LOWENTHAL. tion necessary and proper to effectuate its H.R. 259: Mr. GOODLATTE. H.R. 2935: Mr. ENGEL. purposes in taxing and spending. H.R. 281: Mr. CARTWRIGHT. H.R. 2996: Mr. CROWLEY, Mr. LARSON of By Mr. GRAVES of Missouri: H.R. 303: Mr. YOUNG of Alaska and Ms. Connecticut, Mr. CONNOLLY, Mr. CAPUANO, H.R. 4094. JACKSON LEE. Mr. NEAL, Mr. TIERNEY, Mr. KEATING, Mr. Congress has the power to enact this legis- H.R. 401: Ms. JENKINS. VARGAS, and Mr. CARNEY. lation pursuant to the following: H.R. 485: Ms. WATERS. H.R. 3040: Mr. PERLMUTTER. The Congress enacts this bill pursuant to H.R. 533: Mr. DAINES. H.R. 3116: Mr. CICILLINE. Clause 1 of Section 8 of Article I of the H.R. 543: Ms. BROWN of Florida. H.R. 3196: Mrs. BLACKBURN.

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H.R. 3240: Mr. LUETKEMEYER, Mr. HONDA, H.R. 3708: Mr. GIBSON, Mr. RODNEY DAVIS of Mr. FARR, Mr. SESSIONS, Ms. BORDALLO, Mr. and Mr. COOK. Illinois, Mr. LATTA, and Mr. BUCSHON. FLORES, and Mr. GENE GREEN of Texas. H.R. 3318: Mr. POLIS, Ms. JACKSON LEE, Ms. H.R. 3710: Ms. ESHOO, Ms. JACKSON LEE, and H.R. 4022: Ms. NORTON. NORTON, Mr. HINOJOSA, Mr. CONNOLLY, Mr. Mrs. BUSTOS. H.R. 4026: Ms. WATERS. GARCIA, and Mrs. KIRKPATRICK. H.R. 3725: Mr. YOHO, Mr. ROE of Tennessee, H.R. 4031: Mr. JONES, Mr. SOUTHERLAND, H.R. 3335: Mr. LUMMIS and Mr. RIGELL. Mr. WEBER of Texas, Mr. BISHOP of Utah, Mr. and Mr. GRIFFIN of Arkansas. H.R. 3361: Mr. CAROLYN B. MALONEY of New FRANKS of Arizona, and Mr. JONES. H.R. 4033: Mr. HINOJOSA, Mr. CONYERS, and York. H.R. 3757: Ms. KUSTER, Mr. GARAMENDI, Ms. Mr. RIBBLE. H.R. 3367: Mr. GOODLATTE. SINEMA, and Ms. DUCKWORTH. H.R. 4041: Mr. POCAN, Mr. FARR, Mr. H.R. 3382: Mr. MCGOVERN. H.R. 3761: Mr. MCKINLEY. QUIGLEY, Mr. PETERS of Michigan, and Mr. H.R. 3408: Mr. SEAN PATRICK MALONEY of H.R. 3774: Ms. ESTY and Mr. GEORGE MIL- MCDERMOTT. New York and Mr. GRIFFIN of Arkansas. LER of California. H.R. 4051: Mr. POCAN, Mr. LATHAM, and Mr. H.R. 3467: Mr. DINGELL, Ms. PINGREE of H.R. 3802: Mr. BISHOP of Utah. NOLAN. Maine, Ms. SHEA-PORTER, and Mr. NOLAN. H.R. 3826: Mr. MCINTYRE, Mr. PEARCE, Mr. H.R. 4056: Mr. HUIZENGA of Michigan. H.R. 3469: Mr. FLORES, Mr. KING of Iowa, BUCSHON, Mr. MULLIN, Mr. MESSER, and Mrs. H.R. 4066: Mr. MULVANEY. Mr. HARRIS, Mr. DESANTIS, Mr. AUSTIN SCOTT NOEM. H.R. 4070: Mr. GINGREY of Georgia, Mrs. of Georgia, Mr. WENSTRUP, Mr. SALMON, Mr. H.R. 3829: Mr. DUNCAN of South Carolina, ELLMERS, Mr. OLSON, Mr. GUTHRIE, Mr. PEARCE, Mr. ROYCE, Mr. MARCHANT, Mr. Mr. KINGSTON and Mr. GOSAR. NUNNELEE, Mr. JORDAN, Mr. PITTENGER, Mr. YOUNG of Alaska, Mr. FARR, Mr. YODER, Mrs. H.R. 3836: Mr. TERRY, Mr. WOMACK, Mr. FRANKS of Arizona, Mr. SALMON, Mr. CULBER- BROOKS of Indiana, and Mrs. HARTZLER. LYNCH, Mr. HARPER, Mr. MATHESON, and Ms. SON, Mr. LAMBORN, Mr. TIPTON, Mr. WEBER of H.R. 3471: Ms. ESHOO, Ms. BONAMICI, Mr. GRANGER. Texas, Mr. WILLIAMS, Mr. FINCHER, Mr. BAR- NADLER, and Mr. PETERS of Michigan. H.R. 3857: Mr. HARPER. TON, Mr. GOHMERT, Mrs. BACHMANN, Mr. HAR- H.R. 3488: Mr. STEWART. H.R. 3861: Mr. ENYART. RIS, Mr. FLEISCHMANN, Mr. DESJARLAIS, and H.R. 3505: Mr. COURTNEY. H.R. 3862: Mr. JOYCE. Mr. MEADOWS. H.R. 3529: Mr. LUETKEMEYER, Mr. FINCHER, H.R. 3877: Mr. LATHAM and Mr. CONNOLLY. H.R. 4079: Mr. JEFFRIES. Mr. DESANTIS, Mr. PAULSEN, and Mrs. BACH- H.R. 3954: Mr. MCGOVERN, Ms. BASS, Mr. H. Res. 221: Ms. SPEIER and Mr. HONDA. MANN. BISHOP of Georgia, Ms. BROWN of Florida, Mr. H. Res. 283: Mr. DOGGETT. H.R. 3556: Mr. MCNERNEY, Ms. CHU, Ms. BUTTERFIELD, Mr. CARSON of Indiana, Mr. H. Res. 365: Mr. SEAN PATRICK MALONEY of ´ LOFGREN, Ms. EDWARDS, Mr. CARDENAS, Mr. CHRISTENSEN, Ms. CLARKE of New York, Mr. New York, Mr. LARSON of Connecticut, Mr. HASTINGS of Florida, and Mrs. LOWEY. CLAY, Mr. CLEAVER, Mr. CLYBURN, Mr. CUM- AL GREEN of Texas, and Mr. CASTRO of Texas. H.R. 3571: Mr. FARR, Mr. REED, Mr. HOLT, MINGS, Mr. DANNY K. DAVIS of Illinois, Ms. H. Res. 418: Mr. TAKANO and Mr. MEADOWS. Ms. TITUS, and Mr. BERA of California. EDWARDS, Ms. FUDGE, Mr. AL GREEN of H. Res. 464: Mr. POCAN, Ms. LINDA T. H.R. 3602: Ms. BORDALLO, Ms. CHU, Ms. Texas, Mr. HASTINGS of Florida, Mr. SA´ NCHEZ of California, Mr. TAKANO, Mr. MENG, and Mr. BECERRA. HORSFORD, Ms. JACKSON LEE, Mr. JEFFRIES, WELCH, Mr. BERA of California, and Ms. H.R. 3649: Ms. JACKSON LEE and Mr. HONDA. Ms. EDDIE BERNICE JOHNSON of Texas, Mr. DELAURO. H.R. 3655: Mr. HONDA, Mr. SEAN PATRICK JOHNSON of Georgia, Ms. LEE of California, H. Res. 480: Mr. TONKO and Ms. NORTON. MALONEY of New York, Mr. PIERLUISI, Mr. Mr. LEWIS, Mr. MEEKS, Ms. MOORE, Mr. H. Res. 482: Ms. GABBARD and Ms. RUSH, Ms. FUDGE, Ms. WILSON of Florida, Ms. PAYNE, Mr. RICHMOND, Mr. SCOTT of Virginia, BORDALLO. CLARKE of New York, and Ms. JACKSON LEE. Ms. SEWELL of Alabama, Mr. THOMPSON of H. Res. 488: Mr. DUFFY, Mr. KING of Iowa, H.R. 3658: Mrs. BLACK, Ms. NORTON, Mr. Mississippi, Mr. VEASEY, and Ms. WATERS. Mr. CHABOT, Mr. HASTINGS of Florida, Mr. BRADY of Texas, Mrs. CAPITO, Mr. MCCAUL, H.R. 3973: Mr. NEUGEBAUER, Mr. TIPTON, KEATING, Mr. COTTON, Mr. GRIMM, Mr. BILI- Mr. SMITH of Texas, Mr. SAM JOHNSON of and Mr. KLINE. RAKIS, and Ms.FRANKEL of Florida. Texas, Mr. GOHMERT, Mr. HALL, Mr. OLSON, H.R. 3982: Ms. PINGREE of Maine and Mr. Mr. BURGESS, Mr. NEUGEBAUER, Mr. THORN- LEWIS. f BERRY, Mr. FARENTHOLD, Mr. CONAWAY, Mrs. H.R. 3986: Mr. HUFFMAN. NOEM, and Mr. FLORES. H.R. 3991: Mr. KIND, and Mr. WELCH, Mr. CONGRESSIONAL EARMARKS, LIM- H.R. 3680: Mr. SEAN PATRICK MALONEY of LATHAM, and Mr. MEADOWS. New York. H.R. 3992: Mr. MORAN, Mrs. MCMORRIS ROD- ITED TAX BENEFITS, OR LIM- H.R. 3687: Mr. FLORES, Mr. HARRIS, Mr. GERS, Mr. HUFFMAN, Mr. WALDEN, Mr. BISHOP ITED TARIFF BENEFITS ELLMERS, Mr. AUSTIN SCOTT of Georgia, Mr. of Utah, Mr. PEARCE, Mr. TIPTON, Mr. Under clause 9 of rule XXI, lists or WENSTRUP, Mr. SALMON, Mr. MARCHANT, Mr. GARAMENDI, Mr. THOMPSON of Pennsylvania, statements on congressional earmarks, YOUNG of Alaska, Mr. ROYCE, Mr. STEWART, Mr. PETERSON, and Mr. CALVERT. limited tax benefits, or limited tariff and Mr. HARTZLER. H.R. 3994: Mr. PEARCE. H.R. 3698: Mr. RUSH and Mr. COFFMAN. H.R. 3998: Mr. BEN RAY LUJA´ N of New Mex- benefits were submitted as follows: H.R. 3707: Mr. BERA of California, Mr. ico. The amendment to be offered by Rep- PETERSON, Mr. QUIGLEY, Mr. LATHAM, Mr. H.R. 4006: Mr. DUNCAN of South Carolina. resentative CUMMINGS, or a designee, to H.R. HALL, Mr. JOHNSON of Georgia, Mr. MCGOV- H.R. 4008: Mr. BENTIVOLIO. 899, the Unfunded Mandates Information and ERN, Mr. PIERLUISI, Mr. HARRIS, Mr. BISHOP H.R. 4012: Mr. NUNNELEE. Transparency Act of 2013, does not contain of Georgia, Mr. DANNY K. DAVIS of Illinois, H.R. 4015: Mr. O’ROURKE, Ms. SCHWARTZ, any congressional earmarks, limited tax Mr. RUSH, Mr. GARAMENDI, Mr. VARGAS, and Mr. ROGERS of Michigan, Mr. BLUMENAUER, benefits, or limited tariff benefits as defined Mr. YOUNG of Alaska. Mr. FITZPATRICK, Mr. BUCSHON, Mr. TERRY, in clause 9 of rule XXI.

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Vol. 160 WASHINGTON, WEDNESDAY, FEBRUARY 26, 2014 No. 32 Senate The Senate met at 9:30 a.m. and was appoint the Honorable EDWARD J. MARKEY, a they suffered from something like can- called to order by the Honorable ED- Senator from the Commonwealth of Massa- cer or something as simple as acne WARD J. MARKEY, a Senator from the chusetts, to perform the duties of the Chair. were able to buy affordable, quality Commonwealth of Massachusetts. PATRICK J. LEAHY, health insurance they could afford and President pro tempore. they could trust. PRAYER Mr. MARKEY thereupon assumed the Despite all that good news, there are The Chaplain, Dr. Barry C. Black, of- Chair as Acting President pro tempore. plenty of horror stories being told. All fered the following prayer: f of them are untrue, but they are being Let us pray. told all over America. O God our shield, we rejoice in the RECOGNITION OF THE MAJORITY The leukemia patient whose insur- beauty of Your salvation. Let the peo- LEADER ance policy was canceled and would die ple of the Earth look to You with rev- The ACTING PRESIDENT pro tem- without her medication—Mr. Presi- erential awe. Lord, look with favor pore. The majority leader is recog- dent, that is an ad being paid for by upon our Senators today, delivering nized. two billionaire brothers that is abso- them from fear and guiding them f lutely false; or the woman whose insur- around the obstacles that hinder their ance policy went up $700 a month—ads progress. Unite them for the common SCHEDULE paid for around America by the multi- good of this great land. Manifest Your Mr. REID. Mr. President, following billionaire Koch brothers, and the ad is purposes to them, making clear Your my remarks and those of the Repub- false. plans and guiding them with Your love. lican leader, the Senate will be in a pe- We heard about the evils of Give them the wisdom to have con- riod of morning business for 2 hours. ObamaCare, about the lives it is ruin- fidence in Your power, as You inspire The Republicans will control the first ing in the Republican stump speeches them to use their talents as instru- half, the majority the final half. and in ads paid for by oil magnets, the ments of liberation and healing. Enable Following that morning business, the Koch brothers. them to go from strength to strength, Senate will resume consideration of But those tales turned out to be just as they fulfill Your purpose for their the motion to proceed to S. 1982, the that—tales, stories made up from lives. veterans benefits bill postcloture. whole cloth, lies, distorted by the Re- We pray in Your merciful Name. I hope we can reach an agreement to publicans to grab headlines or make Amen. begin consideration of amendments on political advertisements. Mr. President, these two brothers are f the bill today. I will have more to say trying to buy America. They not only about that in just a minute. PLEDGE OF ALLEGIANCE funnel money through their Americans The Presiding Officer led the Pledge f for Prosperity, they funnel money into of Allegiance, as follows: AFFORDABLE CARE ACT all kinds of organizations to do the I pledge allegiance to the Flag of the same thing that they are doing. They United States of America, and to the Repub- Mr. REID. Mr. President, over the are trying to buy America. I do not be- lic for which it stands, one nation under God, last many months millions of Ameri- lieve America is for sale. But we will indivisible, with liberty and justice for all. cans have signed up for affordable see. But do not take my word for all f health insurance, many for the first this. How about taking the word of a APPOINTMENT OF ACTING time ever, many for the first time in Noble Prize-winning economist who PRESIDENT PRO TEMPORE many years. wrote last week in the New York Millions of young people have stayed Times: The PRESIDING OFFICER. The on their parents’ insurance plans while What the right wants are struggling aver- clerk will please read a communication they pursue higher education to start to the Senate from the President pro age Americans, preferably women, facing fi- their first jobs. nancial devastation from health reform. So tempore (Mr. LEAHY). Millions of senior citizens have saved The legislative clerk read the fol- those are the tales they’re telling, even money on prescriptions—these pre- though they haven’t been able to come up lowing letter: scription bills, they average about with any real examples. U.S. SENATE, $1,200 they have saved, each senior— Paul Krugman writes, Republicans PRESIDENT PRO TEMPORE, and tens of millions of women have ac- are ‘‘just making [this] stuff up.’’ It is Washington, DC, February 26, 2014. To the Senate: cess to free preventive care. easy to do if you have billions of dol- Under the provisions of rule I, paragraph 3, Across the country, Americans who lars to spend and you are trying to buy of the Standing Rules of the Senate, I hereby were once denied insurance because America.

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

S1133

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The partisan politics into the mix, insisting families that can rest easier knowing Republicans in the Senate refuse to on amendments that have nothing to insurance companies can never again allow anything to take place. do with helping veterans. put profits first and people second. Prior to our noon break yesterday— So I am terribly disappointed again— Take the story of a couple from Hen- every Tuesday Republicans meet and not surprised. What are we doing here derson, NV. I went to high school Democrats meet—one of the senior Re- today? Nothing, nothing. there. Their names are Jane and Brett publicans came to me and said: Harry, Under the rules, they have 30 hours Thomas. These are real stories. This are you going to have amendments? I postcloture and they can sit around story is true. said: Of course we are going to have and do nothing. That is what they do Jane wrote to me recently to say she amendments. We have talked about all the time. We have spent months and is ‘‘ecstatic’’—that is her word—to be amendments on the veterans bill. I months sitting around doing nothing saving $1,200 every month on a top-of- have had Republicans come to me and because of procedural roadblocks put the-line family insurance plan thanks say: Let’s try relevant amendments. So up by the Republicans. to ObamaCare. I said: Fine. Come up with some. They f For years Jane was locked into her said: How many? I said: I don’t care. RECOGNITION OF THE MINORITY job as a school teacher because she, The first amendment is what they LEADER Brett, and their two teenage children have been doing all along. They offer The ACTING PRESIDENT pro tem- needed guaranteed health insurance, an amendment that has nothing to do pore. The minority leader is recog- and it cost a lot. with this bill, the veterans bill. It is nized. But Jane was able to quit her teach- partisanship at its best. It is obstruc- ing job to spend more time with her tion at its best. f children and help her husband at the We got cloture on this bill. Virtually IRAN everybody voted to allow us to start family small business. Jane says the Mr. MCCONNELL. Mr. President, Affordable Care Act has literally debate on this bill. But that is only a subterfuge. The Republicans obviously there is a broad bipartisan majority in changed her life and the lives of her the Senate that would like to vote on loved ones. This is what she wrote: have no intent of doing anything for the veterans as outlined in this bill. Iran sanctions. The dilemma we have Everyone on the news keeps talking of all here is that the majority leader does the people the law has hurt. The chairman of the Veterans’ Af- fairs Committee has worked for not want this vote to occur. So I would An editorial comment from me: Koch months coming up with a bill that is like to start this morning with a few brothers’ lies. good—a bipartisan proposal. Repub- words about an issue that should be of I will go back and start over: lican proposals are in this bill. grave concern to all of us; that is, the Everyone on the news keeps talking of all One of the Republican Senators here threat of a nuclear-armed Iran. the people the law has hurt, but I thought I came and talked for some length yes- It is no exaggeration to say that this should share our joy. The best part is our in- terday about ways he would like to im- is one of the significant foreign policy surance covers so much more and pays better challenges of our time and one we sim- on every front. . . . I can’t thank you and prove the bill. Offer amendments. He is not going to be allowed to do that. ply have to get right. That is why a your colleagues enough for fighting for peo- strong bipartisan majority has sought ple like me and my family. The bill advanced yesterday should to pass legislation in the Senate that Republicans may need tall tales and be bipartisan—a measure that would help the veterans who have given so puts teeth into the negotiations that outright lies to convince people that have followed November’s interim ObamaCare is bad for them, but Demo- much to defend our country. As I indi- cated to my friend, the Republican agreement. The challenge we have had crats do not have to make things up. Senator, before their lunch: Sure, let’s is the majority leader does not want us We have the support of lots of people, look at relevant amendments. Why to vote on it. It could be that he is including a Nobel Prize-winning econo- not? It is the right thing to do. But the afraid it will actually pass. Republican mist, not ‘‘OilCare’’ magnets who are first amendment the Republicans de- Senators—and hopefully some Demo- trying to benefit their businesses by mand is an unrelated issue on Iran. cratic Senators as well—are going to spreading lies about things that do not Everyone knows that there are nego- continue to press the majority leader matter to them. tiations taking place between the to allow a vote on this legislation be- Millions of real Americans, like Jane United States, the European Union, fore these negotiations end. and Brett Thomas, are benefiting from and others to prevent Iran from having The Nuclear Weapon Free Iran Act is ObamaCare every day. Their premiums a nuclear capacity. I have said many a perfectly reasonable bill. This is a are lower. Their prescriptions are times—I will repeat it here today—we Menendez-Kirk bill. It does not disrupt cheaper. They cannot be denied a pol- will not let Iran have nuclear capabili- ongoing negotiations. It simply pro- icy or discriminated against. Their ties. The sanctions that we have put in vides an incentive for Iran to keep its benefits cannot be cut off because they place have brought them to the bar- commitment under the interim agree- get sick or reach some arbitrary cap gaining table. ment. It says that if Iran does not keep that some insurance executive dreamed You would think that if there was its word, then it will face even tougher up. They are no longer locked into jobs any validity to what the Republicans sanctions at the end of this 6-month they do not love or do not need because are trying to do, the organization that period. In other words, it does not dis- they cannot get insurance anywhere is more supportive of Israel than any rupt the negotiations at all, even else. organization I know—AIPAC—said though the big—sort of the high leader, The Koch brothers are spending hun- publicly they do not want a vote on the Supreme Leader in Iran says he is dreds of millions of dollars telling this now—publicly. They do not always not paying any attention to these Americans that ObamaCare is bad for put stuff out in the press, but that is talks. Nevertheless, it does not disrupt them. It is easy to do if you have no what they said. these talks, which seem to be going no- conscience and are willing to lie, like The audacity of what they are doing where. they are, through the ads they are pro- is an effort to stall, obstruct, as they But it does say at the end of the 6- moting. But the Koches should stick to have done. This is, I repeat, not month period: You are going to get what they know—the oil business—the ‘‘Groundhog Day,’’ not groundhog tougher sanctions if nothing comes of oil business—where they have made month—groundhog year. The Repub- the discussions. It puts teeth into the their multibillions of dollars. The licans have been doing this on every talks that are already taking place. It truth is simply more powerful than any issue. It does not matter if it is an is a recognition of the success we have myth, any legend or any false political issue that 90 percent of the American already had as a result of prior sanc- ad. people support. tions. After all, there is a good reason

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1135 to believe sanctions are what brought CHANGE IN POLICY fessionals recently surveyed said the Iranians to the table in the first Mr. MCCONNELL. Earlier this year I ObamaCare will negatively impact place. They were hurting. So it stands came to the floor to pose a simple ques- jobs. As a member of that group re- to reason that if the Iranians break the tion about President Obama’s final cently put it, ‘‘Small businesses have interim deal, they should get tougher years in office: Did he want to be re- an incentive to stay small’’ under sanctions. If nothing happens, we membered as a hero to the left or as a ObamaCare. That is because should send a message: You cannot champion for the middle class? That is ObamaCare can punish businesses that keep talking forever. Something will the question. I asked the question this choose to hire more workers. happen at the end of the interim pe- way because for the past several years In my home State of Kentucky, the riod. the left has basically had its run of this tension between the priorities of the left and the needs of real people is on That is especially true given the fact White House. During that period the full display. That is because the Obama that we are actually running out of politically connected and the already administration has trained its sights tools here short of the use of force. powerful have clearly prospered. But on some of our most vulnerable citi- This bill is the best mechanism we what about the middle class? They feel zens. One administration adviser actu- have to keep the Iranians at the table as though they have been shut out al- ally used the words ‘‘war on coal’’ to until we get the right outcome and to together as household income has plummeted and families who were essentially describe what the adminis- ensure they are sticking to their end of tration is doing or, in his view, prob- the agreement. We should not fall vic- struggling to pay the bills have gotten left behind by a President and a party ably should be doing to hard-working tim to Iran’s efforts at public diplo- miners who just want to put food on macy. who claimed to act in their name. So I wanted to know: Did the Presi- the table. Let me repeat that a strong bipar- dent plan to continue down the same Those were his words, not mine. Here tisan majority in both Houses of Con- ideological road he has taken us on or is why: Because according to liberal gress agrees with this approach, so would he change course and embrace elites in Washington, these folks are there is simply no good reason for the effective proposals that would make a standing in the way of their theories. A majority leader to prevent a vote on real difference in the lives of middle- practical approach that actually takes this crucial legislation. He is class Americans? Would he reach the concerns and anxieties of those gridlocking the Senate, preventing the across the aisle to jump-start job cre- people into account would promote Senate from working its will on a bill ation and make the economy work for clean energy even as it acknowledged that enjoys broad bipartisan support, the middle class again? the real-world benefits of traditional makes elementary good sense, and is Well, over the last few months we ap- sources of energy. the best hope we have to prevent a nu- pear to have gotten our answer. Once My point is this: The administration has broken faith with the middle class, clear-armed Iran. There is no excuse more, the real concerns of ordinary and it has stirred up strong emotions, for muzzling the Congress on an issue Americans have been pushed aside in especially among those who actually of this importance to our national se- favor of the preoccupation of the polit- want to see a better life for those curity, to the security of Israel, our ical left. Yet again we have seen the struggling to make it in our States. Al- closest ally in the Middle East, and to truth of the old saying that a liberal most everyone feels let down. A lot of international stability more broadly. never lets the facts get in the way of a folks are very angry. I know many active members of good theory. Once again we have seen It is a real tragedy, not only because AIPAC—the majority leader mentioned how liberal policies end up hurting the of the missed opportunities and the AIPAC. They want to have this vote. very people they claim to help. human cost of these policies but also Nowhere is this more apparent than They will be coming to Washington because when the President ran for of- next week from all over the country. I in the debate over the minimum wage. fice, he promised a very different ap- will bet this is a vote they want to As a recent CBO report made clear, the proach. have. President’s bill basically amounts to a It is tragic because the very folks he This is a rare issue that should unite terrible real-world tradeoff, helping has talked about helping are the ones both parties in common purpose. There one group of low-income Americans by who seem to suffer the most under his is no question that it would if the ma- undercutting another group of low-in- Presidency. jority leader would simply drop his re- come Americans. How is that fair? It is tragic because it appears as if he flexive deference to a President whose Americans are crying out for jobs. Job has answered the question I posed in foreign policy is focused on with- creation is the top issue in our coun- January: that he is prepared to double drawing from our overseas commit- try. Our unemployment and under- down on the left and throw in the towel ments, a foreign policy that at worst employment rates have remained abys- on the middle class. How else can you poses a serious threat to our own secu- mally high more than half a decade explain the obsession with all of these rity and that of our allies. after this President took office. What peripheral ideological issues at a time is the White House’s solution? A bill when Americans are demanding good, So once again I call on the majority that might sound good in theory but leader to allow the Congress, allow the stable, high-paying jobs and a new di- could cost as many as 1 million jobs, rection, at a time when folks’ wages Senate to serve its purpose and express according to CBO. are stagnant but their costs always itself in our Nation’s policy toward The Congressional Budget Office re- seem to be rising, at a time when Iran. Let our constituents speak on leased another report, this one on younger Americans seem to be resigned this all-important issue on which so ObamaCare. There is a similar story: to a harder life than their parents had? many of us in both parties actually 2.5 million fewer Americans in jobs How else can you explain why the agree. thanks to ObamaCare; huge disincen- President has refused to sign off on In the Joint Plan of Action, the tives to work thanks to ObamaCare. projects such as Keystone Pipeline that President made clear that he opposes That is what CBO says. would create thousands of jobs or why additional sanctions. Why don’t we let Of course, Washington Democrats— he refuses to push his own party to join Congress speak? Let Congress have a the same folks who promised you could Republicans and support trade legisla- voice. Let’s stand together for a for- keep your health plan if you liked it— tion that could create even more jobs? ward-deployed, ready, and lethal force told Americans not to believe their This cannot be the legacy the Presi- that makes our commitments real in own eyes, that ObamaCare would sim- dent really wants to leave, but it is the the eyes of friend and foe alike. Let’s ply liberate them from jobs. legacy he will be ensuring for himself if hold Iran accountable—actually hold ObamaCare would simply liberate them he does not change. There is still time them accountable. Let’s do the right from jobs. It is just unbelievable, espe- to alter the course. There is still time thing—approve this legislation and cially when we consider that the law’s for the President to acknowledge that send it to the President’s desk. The medical device tax alone is projected to there is no reconciling the demands of clock is ticking. The time to act is kill as many as 33,000 jobs and that 60 his base and the concerns of the middle now. percent of business owners and HR pro- class. It is one or the other.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1136 CONGRESSIONAL RECORD — SENATE February 26, 2014 The real solution here is liberating The administration’s most recent doing that for Traci today—that the the private sector. The real solution is proposal to significantly cut Medicare Secretary is wrong. to implement policies that will in- Advantage is certainly not news to my Traci says: ‘‘My life is a prime exam- crease wages for everyone instead of colleagues on the floor today. During ple. Let me explain just how the ACA pursuing policies that essentially seek the health care debate, we warned over has destroyed my life.’’ to distribute slices of a smaller pie to and over again that cutting $1⁄2 trillion The quote she is referencing is Sec- some. Of course, making a turn toward from Medicare to fund ObamaCare retary Sebelius last week said: ‘‘There authentic job creation might make the would have disastrous consequences is absolutely no evidence, and every left mad, but it is the only way to get and that it certainly would not economist will tell you this, that there the gears of our economy working strengthen Medicare. The law drains is any job loss related to the Affordable again and college graduates off their $308 billion from a very well-received Care Act.’’ parents’ couches and onto a path of Medicare Advantage Program. It almost seems like a deliberate de- earned success. The stories from Nebraskans illus- ception, an effort by the Secretary to Maybe the President will show some trate how these cuts are hurting senior mislead the American people, saying: change of heart in Minnesota today. citizens. I heard from a couple in Car- Who are you going to believe, Sec- Maybe he will recognize, for instance, ney, NE. They wrote to me saying that retary Sebelius or your own two eyes that killing thousands of high-tech the Medicare Advantage plan they had when you see what is happening in jobs in the medical device industry is for several years was something they your own communities? not worth the pain it is causing. Who liked. It was a plan that worked for That is why Traci wrote to me from knows? Who knows? I sure hope so be- them, but that plan, because of Rock Springs, WY. cause if you have entered the sixth ObamaCare, was cancelled. She went Traci said she works full time. She year of trying to fix an economy and on to say to me that another plan was also maintains a number of part-time you are still talking about emergency going to cost more money and higher jobs. She has a master’s degree. unemployment benefits, it is time to rates were coming for them. She says: ‘‘Once the ACA was passed, recognize that your policies have not She said: ‘‘I have not been shy about I saw the writing on the wall, and so worked for the middle class. It is time telling people that we lost our insur- did the companies I work for.’’ for a fresh start. ance plan thanks to ObamaCare!’’ Isn’t it interesting that Traci in Before I go, I would like to highlight I could add to that that she has lost Rock Springs, WY, could see the writ- one more dividing line between the her insurance plan—and thousands of ing on the wall, the companies she dreams of the left and the well-being of others, tens of thousands of others worked for could see the writing on the our constituents. It is a topic I spoke across the United States—because of wall, and yet the Democrats in this about yesterday; that is, Medicare Ad- the votes of the majority and the body who voted for this law couldn’t vantage. President. see the writing on the wall. As I asked then: Why would the ad- A Nebraskan from Hastings shared She said she had health insurance ministration want to raid a program that her Medicare Advantage plan was and that these companies wouldn’t that is working, such as Medicare Ad- discontinued and her new Medicare Ad- have had to provide her with anything vantage, to fund a program that does vantage plan option was, get this, 357 because she had insurance—wouldn’t not work, such as ObamaCare? Why percent more expensive. Is that fair have had to provide her with anything. would Senate Democrats vote time and treatment to that senior citizen? But they didn’t know who might and time again to do that? They must have When ObamaCare was passed, we might not have insurance, and they known that taking $300 billion from tried to get amendments done that if weren’t taking the chance that they Medicare Advantage to fund there were any savings in Medicare, it would have to offer health care to a ObamaCare would have real-world im- would go back to Medicare to protect large number of people. So what these pacts on seniors, such as losing choices the system. That was voted down by companies basically did, she said, was and coverage and doctors they now the majority. hire a specific number of individuals enjoy. It is not fair. It is not right. What we ended with is a situation full time and thus those of us who re- Several of my colleagues will be com- where those funds were pulled out of mained part-time employees have been ing to the floor to speak more about Medicare and used to finance cut way back. This is obviously im- this issue this morning. ObamaCare. For millions of Americans pacting her wages, her take-home pay, I yield the floor. and about 35,000 Nebraskans who rely the things that matter to her, and it f upon Medicare Advantage, this law has seems that Democrats, including Sec- not delivered on its promises. retary Sebelius, couldn’t care less. RESERVATION OF LEADER TIME As I have said over and over since It was interesting. I came to the floor The ACTING PRESIDENT pro tem- this debate began, I have been com- yesterday with an article from the New pore. Under the previous order, the mitted to ensuring that Medicare is York Times last week about all of leadership time is reserved. sustainable for decades to come, not these public jobs, people working for f only for the current generation but for public schools, people working for com- our children and our grandchildren. MORNING BUSINESS munity colleges, sanitation workers for The health care law does not accom- communities, counties—all of these The ACTING PRESIDENT pro tem- plish this goal, and I believe strongly it people having their hours cut, their pore. Under the previous order, the needs to be repealed. take-home pay cut, their wages cut, Senate will be in a period of morning I yield the floor. and it is because of the health care law, business for 2 hours, with Senators per- The ACTING PRESIDENT pro tem- specifically because of the health care mitted to speak therein for up to 10 pore. The Senator from Wyoming. law. minutes each, with the time equally di- Mr. BARRASSO. I come to the floor Traci continues: vided and controlled between the two also to talk about a letter I got from Wyoming from a constituent, Traci, I can’t believe in a country my grandfather leaders or their designees, with the Re- came to and lived the American dream is ac- publicans controlling the first half. who lives in Rock Springs, WY. She is tually actively trying to prevent me from The ACTING PRESIDENT pro tem- very concerned about the health care being able to do the work I want to do. The pore. The Senator from Nebraska. law. It is interesting because she writes kind of work I am good at. The kind of work f after hearing on the news last week a that others benefit from. What was the com- clip of Secretary Sebelius. It is a clip ment last week about how I am being liber- HEALTH CARE where Secretary Sebelius claims there ated from my job to do what I truly want. Mr. JOHANNS. Yesterday I had the is no indication that the ACA is re- It is astonishing. What she says is: I opportunity to come to the floor of the sponsible for any job loss. was doing what I truly wanted. Senate and talk about ObamaCare’s Traci in Rock Springs, WY, sees Sec- But yet, according to the Democrats, broken promises for our Nation’s sen- retary Sebelius on television and wants according to NANCY PELOSI, the former iors. to let the country know—and I am Speaker of the House, she is now being

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Indeed, on Fri- who loves to teach, and not being able he knows the subject better than al- day, in a late-afternoon news dump— to do what she truly wants to do. most anyone I know. that has become a new art form for the Continuing: But we are on the floor today to talk administration, they dump news on And now this government is actually pre- about the cuts to the only real choice Friday afternoon and hope nobody no- venting me from what I want to do, doing that seniors have when it comes to tices, or it won’t be covered—we what I like to do, doing what I am meant to their health care coverage under Medi- learned that roughly two-thirds of the do. care. There are basically two choices. people who work for small businesses This is a woman in Wyoming doing One is called Medicare Advantage, will see an increase in their premiums what she wants to do, what she likes to which I will talk more about in a as a result of ObamaCare, some 11 mil- do, what she wants to do, and was minute, and the other is Medicare, tra- lion small business employees. meant to do as a teacher—because of ditional Medicare, which is a fee-for- The people who are concerned about this health care law. service program that many people find Medicare Advantage aren’t only on this It is not only in Wyoming. I read a is less advantageous to them than side of the aisle. In fact, we have had story on the floor yesterday of a school Medicare Advantage. bipartisan accolades for Medicare Ad- district in Connecticut, Meriden, CT, Close to 16 million people currently vantage, called a great success by both where the superintendent, who is on a receive health care benefits through Senators from New York, for example, national board of school districts, said: Medicare Advantage—about 1 million and the chairman of the Democratic What am I supposed to do? If I am of them in Texas, the State I am hon- Senatorial Campaign Committee from going to provide by law all of these ored to represent. Of course, they rep- Colorado. They recently joined me, part-time workers—who are working resent roughly 30 percent of all Medi- along with a couple of dozen col- over 31 hours—health insurance, what I care beneficiaries. leagues, to urge CMS Administrator am going to have to do is fire five read- Why would somebody choose Medi- Marilyn Tavenner to ‘‘maintain pay- ing teachers. How can I make that de- care Advantage rather than traditional ment levels that will allow [Medicare cision and that tradeoff? Medicare? Because it gives a lot more Advantage] beneficiaries to be pro- Instead, they cut their hours to less flexibility and greater patient choice. tected from disruptive changes in than 30 hours a week, but yet Kathleen It actually delivers better results than 2015.’’ Sebelius says there is absolutely no traditional Medicare. It has been one of This bipartisan support for this im- evidence relating to job loss in the Af- the main sources of innovation when it portant choice for seniors, known as fordable Care Act. comes to health care, producing better Medicare Advantage, is in real jeop- My friend Traci writes: ‘‘So Obama outcomes for seniors under Medicare. ardy as they are going to see as a re- care—has cost me a lot of jobs, has cost Medicare Advantage is the primary sult a $300 billion cut from Medicare me about half of my income.’’ driver. Advantage in order to shore up this When the President of the United Unfortunately, the President’s health failing experiment in big government States is saying we need to raise the care law, known as the Affordable Care known as ObamaCare. minimum wage, why is the President of Act, or ObamaCare, slashed about $300 People’s existing health care ar- the United States ignoring Traci, her billion from Medicare Advantage. My rangements are in serious jeopardy and income, her wages, and her take-home constituents are already going to start they are concerned and they are calling and writing us and wondering what we pay? Why is his health care law mak- to see premium increases to their are going to do. Unfortunately, those ing her life worse? Medicare Advantage policies. Many of calls and letters seem to fall on deaf She said: ‘‘So Obama care—has cost them will have to then question wheth- ears, as far as the President and the me a lot of jobs, has cost me about half er they can afford that, whether they people who voted for this bill are con- of my income.’’ will drop Medicare Advantage, lose the cerned. The American people have seen She continues: choices, the flexibility, the innovation they are whistling past the graveyard And by the way I was one of those tax- that goes along with it, and end up ba- and hoping that what will likely hap- payers that don’t have any deductions gen- sically turning to traditional Medicare pen in November—which will finally be erally to take other than my mortgage, so fee-for-service. the day of electoral accountability—is when you used to get a lot of taxes from me, In Texas, about two out of every by decreasing my income in half, your tax that their voices will actually be three doctors will see a new Medicare revenue is decreasing in half as well. So next heard. time Sec. Sebelius claims that there are no patient because it actually reimburses I yield the floor. indications of any job loss, you can tell her physicians at a lower rate than regular The ACTING PRESIDENT pro tem- that I have lost multiple jobs and I am not health insurance does, so many doctors pore. The Senator from Nebraska. being ‘‘liberated.’’ have found that they have to limit Mrs. FISCHER. Mr. President, I rise That is what the American people are their practice, much as they have to speak on behalf of the 35,000 Ne- facing. That is what the President of under Medicaid as well. braska senior citizens who are enrolled the United States denies every day But we know that the $300 billion in Medicare Advantage. These Nebras- when he refuses to give voice to the that has been taken from Medicare Ad- kans are going to face fewer choices, suffering that his health care law is vantage, and these seniors—who rely increased premiums, and decreased causing all across this country in all 50 on it to shore up the Affordable Care benefits because of ObamaCare’s latest States. It is time that we work to- Act or ObamaCare—know that the cuts. I am especially concerned with gether, get solutions for the health news on ObamaCare continues to un- how these cuts will impact rural Ne- care needs of this country, and not con- wind and bring us bad news almost braskans who may be forced out of the tinue under what is happening with the every day. Not only have millions of program altogether due to the lack of President’s health care law—which, people lost their existing health care available plans. case after case after case, is not yet coverage, even though they were prom- The administration has already giving the American people what he ised by the President of the United taken over $700 billion from Medicare promised them and is giving them a lot States that if you like it, you can keep to prop up ObamaCare, and $308 billion worse. It is hurting their lives, it is it—I lost count of how many times the of that is from the popular Medicare hurting their health, and it is hurting President made that statement, but I Advantage Program to fund this failed their take-home pay. think it is somewhere in the high health care experiment. These cuts to I yield the floor. twenties. Of course, now we are finding health services for seniors only hasten The ACTING PRESIDENT pro tem- out that more and more people are hav- the demise of this successful program, pore. The Republican whip. ing to pay higher premiums as a result a program that has improved the lives Mr. CORNYN. I thank the Senator of ObamaCare. of millions of seniors across this great from Wyoming, who is one of the most Another promise the President made country. Medicare Advantage works for knowledgeable, eloquent Members of is he said that a family of four would them.

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Mr. President, I think something that supposedly was going tors and most providers in their area nearly every Member of this body to make medical care less costly; that will no longer be covered as a part of shares the goal of increasing access to I would be able to keep my doctor, I their plan’s network. In Maureen’s affordable health insurance and help- would be able to stay with my hospital, words: ing American families receive the best I would be able to keep the benefits in If further funding is taken from the Advan- coverage to meet their specific needs. the plan I chose, and now I am being tage programs, more and more providers will So the question before us today—and told, no, none of that is going to work. stop accepting these plans. Where will we go the question before us this entire Con- As was just stated by Senator COR- to seek medical treatment? gress—is how are these goals being NYN of Texas, there is a bipartisan ef- Maureen also said that similar to achieved. This has been an issue we fort underway to send a message to the many other seniors, she and her hus- have been debating since 2010, when President. It urges the President to band ‘‘worry about what will be next.’’ ObamaCare was signed into law. preserve Medicare Advantage and the These are common stories. Seniors Based on the extraordinary feedback incentives to join it. I know the Presi- throughout Utah and the Nation are from Hoosiers, regardless of party af- dent doesn’t want to listen to Repub- seeing their health care options dwin- filiation or ideology, the overwhelming licans and have them tell him what is dle because President Obama and the number of messages that have been happening in their States, what their Democrats in Congress raided Medicare sent to my office, and that I have heard suggestions are as to what to do to fix Advantage to pay for their misguided while traveling across the State of In- this disaster of a health care plan, but ObamaCare and what they call their diana, suggest that the Affordable Care maybe he should listen to Members of health care law. Act has turned out to be a dismal fail- his own party. There is a significant We all remember when the President ure. It is hurting more families than it number of Democrats who have said: promised under ObamaCare if you like is helping. We don’t want these cuts to be imposed your doctor, you can keep your doctor. To top it all off, the administration, on Medicare Advantage. We don’t want Yet because of the law’s cuts to Medi- late last Friday afternoon once again to go home and tell our constituents care Advantage, people such as James cut one of the most popular programs they can no longer have their Medicare and Maureen are being forced to find available to seniors—Medicare Advan- Advantage plan. new doctors and health care providers. tage. We have 230,000 Hoosiers enrolled So if the President doesn’t want to As each day passes, fewer and fewer op- in Medicare Advantage plans who could listen to us, I fully understand that. He tions are available to them. This is just be told major cuts will be made to has made that very clear. But perhaps another example of broken promises their plans in order to pay for he should listen to Members of his own that came part and parcel with ObamaCare. party and listen to what they are say- ObamaCare. What an irony. We pass a program to ing. Let’s give people the ability to On top of the problems with Medicare provide health care coverage for senior make choices and keep the plan they Advantage, a new report issued late citizens. They sign up for the program. have chosen and not have it taken last week from the Chief Actuary from They make the choice on their own to away by a bureaucracy that simply the Centers for Medicare & Medicaid pay higher costs for Medicare Advan- makes decisions for them. Services had even more troubling news. tage so they get better coverage, and With that, I yield the floor. Buried in the report—which was 2 the administration simply says: We The ACTING PRESIDENT pro tem- years late, by the way—is the con- need to rebalance things so we are pore. The Senator from Utah. firmation that ObamaCare will raise going to do everything we possibly can Mr. HATCH. Mr. President, I com- insurance premiums for 11 million em- to make it more difficult and more ex- pliment my colleagues who have been ployees of small businesses. pensive. This was their choice, but the talking about Medicare Advantage You heard that right. The Obama ad- administration is saying: We are going today. It is amazing to me that this ad- ministration’s own actuary found that to make it our choice that this pro- ministration will take money from under the President’s health care law gram is going to be reduced and much Medicare Advantage—a program people 11 million workers will see their pre- harder to engage in. love and that works well, where they miums rise. As I said, this report was 2 Consider what is happening. This ad- can have their own doctors and their years late, and it is no wonder why the ministration is cutting billions of dol- own health care providers—and put it administration sat on it for as long as lars from Medicare Advantage—an ex- into ObamaCare—a program that is not they did. tremely popular program not just in working and people are not happy This is just the latest in a long line my State but across this country—to with—and we wind up with a lot of dis- of bad data we have seen about this pay for ObamaCare, which is extremely satisfied people in this country and misguided law. Yet the administration unpopular. So the administration takes with good reason for their dissatisfac- refuses to step away from its talking a plan that works, a plan that people tion. points and acknowledge the truth— support, because it is their choice and So I rise to join my colleagues in that the health care law is fundamen- they are willing to pay for it, and the speaking out against the harm tally flawed and is not working as administration says: No, we are going ObamaCare is already causing to sen- promised. to take that away from you so we can iors throughout the country who rely All of the problems we are seeing are cover the cost for a plan that is not on Medicare Advantage. I have heard confirming over and over that the best popular. This is the irony of ironies, from many seniors in my home State path forward would be to repeal particularly in terms of meeting the of Utah who are worried about the im- ObamaCare and replace it with patient- goal that I think all of us want to pact further cuts to the Medicare Ad- focused, commonsense reforms that meet. vantage Program could have on their will actually lower costs and expand So we have yet another broken prom- personal health care. options for the American people. I hope ise. The President so famously said For example, James and Maureen of eventually that is the path we take. over and over again: If you like your Spanish Fork, UT, sent a letter de- I yield the floor. plan, you can keep it. If you make a scribing how they have been personally The ACTING PRESIDENT pro tem- choice as to how you want to be cov- affected by the hundreds of billions of pore. The Senator from South Dakota. ered, what benefits you want to have, dollars taken from Medicare Advan- Mr. THUNE. Mr. President, in July of what premium you want to pay, you tage to pay for ObamaCare—to take 2009, President Obama said: ‘‘If you can keep that—but now he is saying, money from a program that works, like your doctor, you keep your doctor.

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Period, end of cut from Medicare were not only then health care needs of America’s seniors story.’’ Then later, in September of used to pay for this new entitlement in order to fund a whole new entitle- 2009, the President said: ‘‘Now these program, ObamaCare, but were also ment program, ObamaCare, and in the steps [ObamaCare] will ensure that credited to the Medicare trust fund. meantime end up with these higher you—America’s seniors—get the bene- Their argument was that they were premiums, canceled coverages, and all fits you’ve been promised.’’ preserving and extending the lifespan the dislocations that are coming as a Well, Mr. President, last Friday we of Medicare, and at the same time they result of these Medicare Advantage saw yet another group of Americans were using these savings from the cuts cuts to seniors across this country. fall victim to the Democrats’ broken coming in Medicare Advantage to pay That is the wrong way to approach this ObamaCare promises, and this time it for a whole new entitlement program. I issue. was America’s seniors. ObamaCare cuts think for most Americans this would There is a much better way, one that of over $300 billion to Medicare Advan- be spending the same money twice. It relies more on the very things on tage are already hurting seniors who would be double-counting revenue. which Medicare Advantage is based— rely on that popular program for their Essentially what they are saying is more competition, more choice, more health care needs. More than 15 million this: We are going to put an IOU into options—and wouldn’t lead to canceled seniors, close to about 30 percent of all the Medicare trust fund which at some coverages, higher premiums, higher Medicare recipients, are enrolled in point in the future we are going to deductibles, and fewer doctors and hos- Medicare Advantage plans. have to redeem to pay benefits, and pitals to choose from for America’s seniors. But that is exactly where we The Wall Street Journal reports that this is going to require us to borrow are, and American seniors are now ex- approximately one out of every two more money. periencing the very thing a lot of other new Medicare enrollees chooses Medi- It is intergovernmental debt. We talk Americans have already experienced. care Advantage. Seniors often choose about publicly held debt, which is debt held by the public, but there is also People who get their insurance on the Medicare Advantage because it is a individual marketplace have seen a lot more comprehensive and cohesive way intergovernmental debt, which adds to the total debt burden we place on of these canceled coverages already. to get health care services and it offers They have seen these huge increases in seniors the chance to pick a plan that American citizens and which is debt that we are going to have to pay back premiums. is right for them instead of a one-size- Many of us have been here on the fits-all approach picked for them by in the future. Essentially, all they have done is put floor reading constituent mail and Washington, DC. a promissory note—an IOU—into the emails from families and individuals The administration’s additional cuts trust fund. At some point in the future who have been adversely impacted and to Medicare Advantage announced last when we need to be able to pay benefits harmed by ObamaCare because of can- week will make it even harder for to beneficiaries, we are going to have celed coverage, higher premiums, high- America’s seniors to keep their bene- to borrow the money to redeem that er deductibles, and loss of doctors and fits, plan, and preferred doctor. The IOU. hospitals. We have seen this in the in- Kaiser Family Foundation estimates Essentially, they were able to argue dividual marketplace. We are starting that more than one-half million seniors that we were somehow extending the to see this—and we will see more—in will lose their current plans in 2014, lifespan of Medicare at the very time the small business, employer-provided which is a direct violation of the Presi- these cuts were being made and also at marketplace. dent’s promise. the same time paying for a whole new But now, as of last week, the real im- This administration’s cut to Medi- entitlement program under pacts are being felt as well by seniors care Advantage in order to try to pay ObamaCare. It was spending the same across this country who in big numbers for ObamaCare is having real-world im- money twice. It was double-counting have been signing up for Medicare Ad- pacts on people throughout the coun- revenue—something which anywhere vantage. Close to 30 percent of all try. else in the country would probably Medicare recipients—15 million sen- A constituent of mine, Cheryl from land most Americans in jail. iors—as a result are going to see higher Box Elder, SD, wrote to me this past That being said, these Medicare Ad- premiums and reduced access to health week and said: vantage cuts are now having real-world care because of the cuts that will occur My husband and I both pay for a Medicare impact—something we predicted all to Medicare Advantage in order to pay Advantage Plan. . . . We have already had along. for a new entitlement program, our original policy cancelled because of The reason Medicare Advantage is a ObamaCare, which, based on the num- ObamaCare. And our prescription costs have popular program and the reason one in ber of delays the administration has increased for the same reason. So I am prac- two new beneficiaries is signing up is made, has already demonstrated it is tically begging you to do all you can to keep that it gives you options. It gives you not working. And I, as have many of our Advantage Plan from being cut. choices. It provides competition, which my colleagues here, have argued for a Every Senator who voted for this is something we need to have more of, long time that it can’t work because it train wreck owes America’s seniors not less of, in health care today. is built upon a faulty foundation. such as Cheryl an explanation for these If you want to put downward pressure There is a much better way to do Medicare cuts, which are already re- on prices, if you want to constrain uti- this. We should do away with this ap- sulting in canceled plans, higher costs, lization in health care, then create proach, go back to the drawing board, and reduced access to the doctors they competition out there. Give people and use a step-by-step approach to re- had and liked. more ownership, more skin in the forming health care in this country, re- When the ObamaCare legislation was game. Give them some personal invest- alizing the status quo doesn’t work but being debated and these proposed cuts ment in their own health care deci- realizing as well that the best way to to Medicare were being advanced, sions. get lower costs, more affordable health many of us said this would be a big As it is, with the traditional Medi- care, and more accessible health care mistake because what they were essen- care Program we have a fee-for-service for more American citizens is to create tially doing was cutting Medicare— Medicare Program. Many seniors are downward pressure on prices. That re- particularly Medicare Advantage, enrolled in that. But Medicare Advan- quires giving people choices and cre- which is especially helpful to a lot of tage gave them another option—an op- ating competition in the marketplace. seniors across this country and which tion that presented choices and oppor- Those are the things we ought to be ad- is working out there—taking the sav- tunity to cover things they want to see vocating and advancing rather than ings and then using them to pay for a covered in their health care plans. And this top-down, government-knows-best, whole new entitlement program. it has worked. It has been an effective one-size-fits-all solution coming out of At the time we talked about this— program, one that I think most people Washington, DC, which is hurting more and, of course, because of the weird point to as a success. and more Americans and most recently conventions used in trust fund ac- So we are going to cut the very pro- American citizens who are now experi- counting here in Washington, the hun- gram that is working perhaps the best encing the adverse impacts of

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1140 CONGRESSIONAL RECORD — SENATE February 26, 2014 ObamaCare because of the cuts to their going to play us and unravel these open, transparent, verifiable, and abso- Medicare Advantage plans. sanctions. The way we can do that is lutely stops them from having a nu- Madam President, I yield the floor, by having sanctions legislation passed clear program that could be a threat to and I suggest the absence of a quorum. which is prospective. the world. We need to make sure they The PRESIDING OFFICER (Ms. If Iran is serious about a nuclear stop enrichment and put a stop on the HEITKAMP). The clerk will call the roll. weapons agreement that takes away Arak plutonium reactor and The legislative clerk proceeded to their capability of having a nuclear weaponization program. We need full call the roll. weapon, then they should not have a and open access. Ms. AYOTTE. Madam President, I problem with prospective sanctions by We should be addressing Iran’s acts ask unanimous consent that the order this Congress. Again, those sanctions of terrorism throughout the world. One for the quorum call be rescinded. would only go in place if they violate of the grave dangers I worry about is The PRESIDING OFFICER. Without the interim agreement. If their words that if Iran has a nuclear weapon, they objection, it is so ordered. mean anything, then they shouldn’t may not use it, but they may pass it on f have a problem with the fact that we to the terrorist groups that Iran is as- IRAN are just saying: If you violate it, we sociated with, and that is a grave dan- will impose additional sanctions. We ger not only to our ally Israel but also Ms. AYOTTE. Madam President, I will not allow this sanctions regime to to the United States of America. come to the floor today to talk about a unravel. One of the reasons I believe the sanc- grave threat to the United States of What is the significance of this sanc- tions legislation that is pending is so America, a grave threat to the world, tions regime? The work done by this important is because some of the state- and a grave threat to our friend and Congress on a bipartisan basis and with ments that have been made recently by ally, the State of Israel; that is, the our partners around the world is what the regime in Tehran are very trou- threat of Iran’s nuclear weapons pro- has brought Iran to the table. All of us bling and harken back to their prior gram. want a diplomatic resolution that behavior of we talk, they enrich. We As we stand here today, pending has stops Iran from having a nuclear weap- have to question how serious they are been legislation filed by Senator RICH- on, but we need to go into this with about a verifiable, transparent, and ARD BURR which contains important clear eyes, which is why having this in- real agreement to stop their nuclear sanctions which are essentially an in- surance policy is so important. A final weapons program. surance policy to make sure that agreement with Iran will only be mean- For example, on February 18—in Tehran does not play the United States ingful if it ensures they will not have talks between Iran and the P5+1 that of America and that they are, in fact, the ability to enrich because their abil- were held in Vienna—Supreme Leader serious about stopping their nuclear ity to enrich makes it easier for them Ayatollah Ali Khamenei said the talks weapons program. Unfortunately, there to immediately ramp up to nuclear ‘‘will not lead anywhere.’’ In advance is a long history with Iran where we weapons capability. of the talks, President Ruhani, whom talk and they enrich. This is why it is I recently attended a security con- Prime Minister Netanyahu has de- so important right now that we have ference in Munich and met with some scribed as a wolf in sheep’s clothing— this insurance policy. representatives of the Arab nations. and I would agree with him on that— These sanctions pending would only They were asked in an open forum: If has stated that peaceful atomic re- go in place if Iran violates the interim an agreement is reached and Iran is al- search would be pursued forever. agreement that has been entered into lowed to enrich, what will the rest of Iran’s Foreign Minister recently between the administration and other you want to do? Their answer was that clashed with a lead U.S. negotiator, countries in the world and Iran and if they will want the right to enrich too. Wendy Sherman, over the Arak and they fail to reach a final agreement This final agreement must stop Fordow facilities. Sherman stated that that is acceptable to the security inter- Iran’s ability to enrich. If we do not Iran had no need for either facility. ests of the United States of America stop them, we will not only face the Make no mistake, if Iran is serious and to our allies in the region to make risk of Iran being able to quickly ramp about giving up its nuclear weapons ca- the world a safer place. up to a nuclear weapon and its capa- pability—or the pursuit of that capa- We cannot accept a nuclear-capable bility to harm the world but also the bility—then she is absolutely right; Iran. Why is that? Iran is a country risk that the Arab nations themselves there is no need for the Arak facility that has threatened to wipe the State will also enrich. Even if they don’t that allows them to produce pluto- of Israel off the face of the Earth. Iran have a nuclear weapon capability, they nium. There is no need for these under- has called our country ‘‘the Great are all right at the point where they ground facilities such as Fordow, where Satan.’’ Iran is the world’s worst state could break out to that capability, and they are trying to hide their program sponsor of terrorism. They have sup- that is just as dangerous for the world. from the rest of the world. ported terrorist groups such as The amendment we have makes it The Foreign Minister of Iran, in reac- Hezbollah and Hamas. They have, un- clear that we are going to protect the tion to her comments, described her fortunately, obviously worked against United States of America and protect statement as ‘‘worthless’’ and rein- our strong ally Israel. They have sup- our allies and the world. It has to be forced Iran’s position that their ability ported the murderous Assad regime, clear. It should prevent Iran from that to produce atomic energy at the pluto- providing Assad arms so he can murder enrichment capability. This agreement nium reactor at Arak is not negotiable. his own people. should stop their capability at the This is deeply troubling, and it is one Unfortunately, there are so many ex- Arak facility to produce plutonium. of the reasons we need to send a clear amples of the danger of Iran having nu- Our agreement should absolutely make message here and now. They came to clear weapons capability. If Iran gets sure we are given access to their mili- the table because of sanctions. The this capability, unfortunately we will tary facilities so we can stop them sanctions were having a deteriorating also find ourselves in a position where from their programs where they are effect on their economy. Yet recently we are in a nuclear arms race in the working on weaponization of nuclear we have seen—and this has been my Middle East, a Sunni-Shia arms race, materials. fear—the sanctions regime unraveling. which would then also threaten the I serve on the Senate Armed Services They are actually using this negotia- world and make that region even more Committee. The Director of National tion with the administration to further of a tinderbox. Intelligence and others have told us unravel those sanctions in order to get So we now find ourselves at a critical that by 2015 Iran could have ICBM ca- what they want without an insurance moment. I am deeply worried that the pability. Can you imagine if they were policy to ensure that we will get what sanctions regime this Congress has to continue with this nuclear program we want, and that is what this sanction worked so hard to put in place on a and have ICBM capability? This is a legislation does. strong bipartisan basis is unraveling true risk to the world. One of the issues that came up in and we need an insurance policy to An agreement is only meaningful if it February, a French trade delegation— make sure Iran knows they are not is an agreement we can rely on, that is representing 116 French companies—

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1141 traveled to Tehran. I recently met with sor—of terrorism around the world to State that is working to implement the one of the Arab nation’s Foreign Min- have this capability. We cannot allow a law, not undermine the law—that we isters, and he told me that the hotel race in the Middle East—a Sunni-Shia didn’t just hit 80,000, we didn’t just hit rooms in Tehran are filled with busi- race—to see who can have a nuclear 100,000, but we have enrolled 126,000 ness men and women looking to line up weapon first because of the danger it Connecticut residents in our health to do business with Tehran. presents to the world. care exchanges and in Medicaid. Our This is a real issue that the sanctions Finally, we cannot allow Iran to con- projection is that we are going to en- regime is starting to unravel, and the tinue to threaten our friend and ally, roll 150,000 people by March 31. That is legislation we have pending with 59 co- the State of Israel. I understand and nearly double our initial estimate. sponsors is an insurance policy to say: appreciate that when Iran and its lead- Last week, traffic on Connecticut’s If you are not serious about this agree- ers have made statements they want to Web site rose 31 percent, and the daily ment, we will impose further sanctions annihilate Israel from the face of the enrollments rose by 67 percent. to make sure we do everything we can Earth, our friends in Israel take that The stories just keep on coming into to stop you from having nuclear weap- very seriously. They have vowed never our office about the lives that are ons capability. again. We stand with them not only for being changed as people, for the first This is a critical moment in the his- their friendship but also for the safety time in their lives, get access to afford- tory of this country. This is a critical of the world. able health care. People such as Susie moment for the safety of the world. We We have legislation pending on the Clayton, who has been dealing with a want to stop Iran from using diplo- floor that gives us an opportunity to cancer diagnosis for over a decade—a matic means as a way to have nuclear make it clear what the United States crippling, preexisting condition that weapons capability because of the risk of America stands for and that we will for most of her adult life has kept her it presents to the world. not accept a nuclear-armed Iran. They out of the ranks of the insured. I have We cannot be naive. We have to un- must be serious or there will be con- known Susie for probably two decades. derstand the prior behavior of Iran be- sequences in terms of economic sanc- Almost every single conversation I cause the prior behavior of Iran will tions. have had with Susie over those 20 years allow us to go in with our eyes wide I thank the Presiding Officer. has been about her daily struggle to open rather than just taking their as- I yield the floor and note the absence try to deal with her illness and her pre- surances that they are serious about a of a quorum. existing condition. Every single day, nuclear weapons agreement that will The PRESIDING OFFICER. The every single week, she has thought stop them from having this capability. clerk will call the roll. about whether she is going to be able As we stand on the floor, I ask the The legislative clerk proceeded to to pay for her health care if she has a majority leader to allow a vote on this call the roll. reoccurrence of her cancer and whether legislation so we can send a clear mes- Mr. MURPHY. Madam President, I during that time she is going to have a sage to Iran and the rest of the world ask unanimous consent that the order job that provides her with insurance. that they should not think they should for the quorum call be rescinded. Susie had been paying about $1,700 a do further business with Iran unless The PRESIDING OFFICER. Without month at last count for an insurance Iran is serious about giving up its nu- objection, it is so ordered. plan she could afford. Her life changed clear weapons program through a on January 1. She now is paying a cou- transparent, verifiable agreement that f ple hundred dollars a month in pre- will ensure they cannot threaten the HEALTH CARE miums. She finally gets to wake up State of Israel and the rest of the world Mr. MURPHY. Madam President, every day not having to worry about with a nuclear weapon. I ask the ma- yesterday we received news that 4 mil- whether she is going to be able to af- jority leader to allow a vote on this im- lion people have now signed up in pri- ford coverage, whether she is going to portant legislation. vate health care exchanges all across There are so few pieces of legislation be able to see a doctor to deal with her the country. In addition, it was re- that come through the Senate which very difficult diagnosis. With 4 million leased that about 12 million people actually have 59 cosponsors. This is one people now enrolled in these exchanges have called the call centers in January of them. It certainly has strong bipar- across the country, that story can be alone, and 1.1 million people signed up tisan support. replicated over and over. I don’t buy the argument that if we to receive health care through the Af- A bunch of our Republican colleagues were to pass this legislation, somehow fordable Care Act during that time. have come to the floor over the last Iran would walk away from the nego- Young enrollment—the group of indi- couple of days—I was in the presiding tiations. If Iran walks away from the viduals for which there has always chair yesterday listening to some negotiations because we pass prospec- been a question as to whether they are speeches—regarding some new informa- tive legislation as an insurance policy going to sign up for these exchanges— tion about Medicare Advantage. Every- to make sure they are serious about a grew by 65 percent. body knows by now that included in real, verifiable agreement that stops It is time for this body to recognize the health care bill was an end to the their nuclear weapons program, then, the Affordable Care Act is working. It subsidies given to Medicare Advantage frankly, we know they have been play- is working for people who have been plans. The private sector in health care ing us. Because the reality is, if they desperate to get insurance. It is work- and in other industries always tells us are serious, they should not care if we ing for people who have been getting they can do things more cheaply than put an insurance policy out there. If the short end of the stick from insur- the Federal Government—and a lot of they are serious, they will follow ance companies, and it is working for times they are right about that—but it through and will do what the interim millions of seniors all across this coun- was exactly the opposite when it came agreement requires and will agree to a try who have been paying far too much to Medicare Advantage. We were pay- final agreement that stops their nu- for prescription drug costs and for pre- ing private insurance companies 13 per- clear weapons program in a trans- ventive health care. cent more than it costs the Federal parent, verifiable way once and for all. We have known this from the very Government to run Medicare. This was On the other hand, if they are just beginning in Connecticut. Despite the a source of enormous profit for the in- going to walk away with a threat of hiccups over enrollment in the fall pe- surance companies. It didn’t make prospective sanctions, how serious can riod, States such as Connecticut that sense to oversubsidize insurance com- they be? We will still have the sanc- had made a commitment to making panies to run a program the Federal tions in place that will continue to put this law work, rather than under- Government itself was running for 13 pressure on them to say the United mining it, have seen the success from percent less money. So we ended those States of America and our allies will day one. Connecticut, at the outset, subsidies, and part of the elimination not accept a nuclear-armed Iran be- said that we were going to try to enroll of those subsidies has gone into effect. cause of the threat it presents to us. between October 1 and March 31 about But the story that is being told on We cannot allow the largest state 80,000 people. That was our goal. We the floor today isn’t true. The fact is sponsor—and most serious state spon- just announced in Connecticut—a that since the Affordable Care Act was

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Madam Presi- enrolled in Medicare Advantage, even savings to American seniors and elimi- dent, I want to begin by thanking my as these cuts have been imposed. Pre- nate the costs that many of these colleague and friend from Connecticut, miums are down. Medicare Advantage fixed-income seniors pay when they go Senator MURPHY, for the very eloquent premiums have been reduced by 10 per- in to get preventive care, what would and powerful remarks he has just cent. we choose? This is really all about made, showing America the Con- Over the course of the debate on the choices in this body. It is about choices necticut experience with health care, Medicare Advantage cuts, I heard Re- in terms of where we put the money we which shows that the Affordable Care publican after Republican, when I was spend on behalf of Medicare bene- Act is working and is expanding oppor- in the House of Representatives, come ficiaries. To me, it is a no-brainer. To tunities for health care across the to the floor and tell us that the sky the American public, it is a no-brainer. country. Once the myths are exploded, was going to fall when we ended these Instead of subsidizing insurance com- once the truth is told, Americans will subsidies to insurance companies. I will panies, let’s subsidize hard-working appreciate how fortunate we are to be honest. A lot of them are in my seniors, who have built this country, have this reform in the way that State of Connecticut. Not only has the with $1,200 in drug savings and 25 mil- health care is insured and delivered for sky not fallen, it has risen, with 30 per- lion people who have gotten free pre- the American people. cent more seniors in Medicare Advan- ventive health care. There are bumps in the road, as Sen- tage with 10 percent less in premiums. For Republicans who have come ator MURPHY has just said. There will To the argument I have heard on this down to the floor and said they want to continue to be issues to be overcome in floor that there will be less choices repeal the Affordable Care Act or that achieving success. But the enormous available to seniors because of these they want to repeal the cuts to Medi- potential to make America healthier, cuts going into effect, let’s just be hon- care Advantage plans, essentially they to eliminate the anxiety and anguish est: The average Medicare beneficiary are saying they want to return billions Americans experience in seeking a has 18 different Medicare Advantage of dollars to the insurance companies quality of life that health care affords, plans to choose from—18 different and take away that money from sen- is an opportunity and obligation we plans. That is a pretty robust market. iors in this country. I do not think that cannot shirk. I am proud to join with Let me just add that Republicans is a choice the American people are him in speaking this truth and clari- have voted for these cuts themselves. going to accept. fying for people across the country the The Ryan budget, which has essen- This week a group of us in the Senate great promise of this program. tially been the budget standard for Re- are launching the ACAworks campaign. A lot of the promise still has to be publicans in both the House and in the Later today I will be joined by a num- fulfilled. A lot of the realization about Senate—endorsed by hundreds of Re- ber of my colleagues around the corner that promise has to be educated. But publican legislators—the Paul Ryan as we launch a new effort to make we will succeed in that effort. I thank budget included the cuts to Medicare clear to the American people that now, him and my other colleagues who are with 4 million people enrolled, and mil- Advantage subsidies because Repub- joining us in seeking to make America lions of people saving money—notwith- licans have agreed with Democrats realize the great potential and promise standing the legitimate difficulties that there is no reason to subsidize in- that we have, and already the great ac- that were encountered in the first days surance companies instead of sub- complishments that have been made. of the Web site—the Affordable Care sidizing beneficiaries. Connecticut stands as a model for So what happened when we decided Act is working. It is working for mil- both the promise and the accomplish- to stop subsidizing Medicare Advan- lions and millions of people across this ment in the 130,000 people who have al- tage? Enrollment went up 30 percent. country who are finally getting care. ready enrolled in the benefits for young We will be joined today, as well, by a Premiums went down 10 percent. The people now permitted to stay on their couple of Medicare recipients who are average beneficiary still had the choice parents’ policies, and, indeed, the glad they now have the protection elimination of preexisting conditions of 18 different plans. But we took that when they get into the doughnut hole. money we saved in padding the pockets They are glad they now get free pre- as an obstacle to insurance. I know about many of these issues of health care insurance companies, ventive care. And they will take the and obstacles from my time as attor- and we told seniors that when they choice any day of this Congress and ney general when I fought insurance show up to get a preventive health care this government investing in them in- visit, they are not going to have to pay stead of investing in big for-profit in- companies that denied basic opportuni- anything out-of-pocket. So since the surance companies. ties and failed to fulfill their obliga- ACA has been passed, here is how much None of us deny there are bumps in tion and impose these kinds of obsta- a senior has to pay for their annual the road as you rework one-sixth of the cles. Now, hopefully, insurers will be a checkup: Nothing. So 25 million people American economy, which represents partner in this effort, and so will the have gotten free preventive care since our health care economy. None of us medical community and business com- the Affordable Care Act has been will deny there is no excuse for the fact munity across the country. passed. that for the first few months there So I look forward to continuing this What else did we do? We decided that were a lot of people who were not able effort and thank him for the exposition this doughnut hole in the prescription to enroll who wanted to. But now that he has given, and my other colleagues drug bill, whereby people got coverage the enrollment site is working, now who will join us later today. up front and then they had to pay for that outreach efforts are up and run- I want to focus on a group that par- a certain amount of drugs themselves ning, record numbers of people are ticularly needs health care in this and then they got catastrophic cov- signing up for health care because country, and that is our veterans. We erage, didn’t make sense. So we elimi- there is an almost insatiable demand are here to talk about the Comprehen- nated the prescription drug doughnut for quality, affordable health care that sive Veterans Health and Benefits and hole. It will be gone by 2020. It has been is now being met as the Affordable Military Retirement Pay Restoration cut by more than half already. Since Care Act is working. Act of 2014—a measure that seeks to the implementation of the Affordable I yield back the floor and suggest the address comprehensively the chal- Care Act, the average senior has saved absence of a quorum. lenges our veterans face today. $1,200 in prescription drug costs thanks The PRESIDING OFFICER. The There are more and more veterans. to the Affordable Care Act. clerk will call the roll. We are losing some of the ‘‘greatest So as I listen to my Republican col- The bill clerk proceeded to call the generation.’’ In fact, we are losing leagues come to the floor and complain roll. them tragically and unfortunately

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1143 every day. But the next greatest gen- veteran. That is why section 301 of this The bill also would require regular eration needs the same benefits and bill would allow veterans who lack that reports to Congress on efforts to elimi- services we have given to the ‘‘greatest access, who do not have a service-con- nate the backlog. Accountability is so generation.’’ The next greatest genera- nected disability, and who do not have critical—accountability on backlogs, tion is serving right now and has affordable health insurance, to enroll on all of the issues that underlie the served recently in the wars of Iraq and in the VA’s health care system. failure to process these claims as Afghanistan. There are other health care provi- quickly as they should be. And the We must be unwavering in our com- sions: section 305, which expands the backlog must be eliminated. mitment to our veterans. We must de- provision of chiropractic care; sections Employment programs are also ad- termine that this big and broad bill is 331, 332, and 333, which expand com- dressed in this bill. So are the trau- necessary to keep faith with them and plementary and alternative medicine. matic effects of sexual assault. The bill to make sure we meet the diverse and Anybody who has not yet seen ‘‘Escape is multifaceted and comprehensive, as urgent needs they present. Fire’’ should view it to understand the it should be. To address the diverse and We all talk in this body about our stark ways that veterans have chal- urgent needs, it must be big and broad commitment to veterans. But all too lenges in access to alternative treat- because the needs and challenges of our often, our Nation has failed to keep ments and why drug addiction and veterans are big and broad. faith. I have learned that we all have abuse can become such a problem. And The reality is that 1 million men and expressed here our admiration and there is section 334, expanding wellness women will leave the military over the commitment to our Nation’s veterans. programs. All of these programs are next 5 years. One million patriotic and I have introduced, as have many of my vital, as well as the expanded access to brave men and women will be sepa- colleagues, veterans bills based on treatment for post-traumatic stress rating from our Armed Forces. Becom- input from my constituents. In fact, and traumatic brain injury, which, in ing veterans, they will need services my very first piece of legislation as a my view, are at the core of the need for and benefits that they have earned, and Senator was the Honoring All Veterans this legislation. they will need them at the time they Act. Section 342 would require the VA to leave, not at some distant point in the But the reality is this comprehensive contract with outside providers to es- future. We owe it to them now to keep approach is necessary. I thank Senator tablish a program of supportive serv- faith. SANDERS as chairman of the Veterans’ ices to family members and caregivers I have submitted amendments that Affairs Committee for recognizing that of veterans suffering from mental ill- would address some of the other issues. the needs of our veterans are inter- ness. All of these invisible conditions For example, the need to recognize locking, multifaceted, and manifold in have such dramatic consequences in that post-traumatic stress is not only a the kinds of problems that are raised the employability of veterans and their condition that afflicts our current as they leave the military and enter ability to give back and continue to military men and women and veterans the civilian world. contribute to this Nation, as so many but also past veterans, even though it Sometimes it is their medical records of them wish to do. was undiagnosed and untreated at the that cannot be transferred seamlessly The needs of our veterans are also time. Changing their status so as to from the Department of Defense to pressing in disability claims. The need recognize post-traumatic stress for the Veterans Affairs and Veterans’ Admin- to end the backlog is, again, one of the veterans of past wars is a need that we istration facilities. Sometimes it is the areas addressed directly in this bill. need to address. failure to make their military skills The backlog of disability claims at the I will make sure those veterans of transferable in credentials and licens- Department of Veterans Affairs has be- past wars, whether it is Vietnam or ing. And sometimes it is medical condi- come a chronic problem. The VA is Korea or any of those conflicts in our tions, health care needs for post-trau- making progress. There is no question history, receive a second look at their matic stress and traumatic brain in- that the numbers are better today than discharge. That is the purpose of the jury, that make their wounds invisible, they were. But there are still veterans amendment. That is the purpose of make them difficult to discern to the such as Army veteran Jordan Massa in legal action that has been brought by ordinary eye but are there deeply and Connecticut, who served in Afghani- the Yale veterans clinic. I will con- enduringly unless they are treated stan, and Marine veteran David Alex- tinue to support it. properly. That is why health care for ander, who was deployed in Iraq, who We can go further as well to enhance them is so important and why this bill had to wait too long and suffered as a our veterans’ health by including the expands opportunity for health care so result. We need to keep faith with Toxic Exposure Research and Military dramatically. those veterans. Family Support Act in this measure. I The health care needs of our veterans I understand and I applaud Secretary have an amendment that will do so. must be met through the provisions of Shinseki, who has committed to tack- Many veterans were exposed to toxic this bill that expand health care oppor- ling this problem. But some 389,000 chemicals such as Agent Orange and tunities and services. When I first came claims are still backlogged. In Con- their needs are only beginning to be ad- to the Senate, I thought—and I think necticut, about 48 percent of the claims dressed. reasonably—that a veteran needing are backlogged, meaning that 48 per- In addition to the harmful effects to health care could simply go to a VA cent of claims made by our veterans those individuals, there are also im- hospital to receive it. But that is really take more than 125 days to be resolved. pacts on their children. For many not the case. On January 17, 2003, the Each of these veterans has an indi- years those who were exposed to Agent Department of Veterans Affairs an- vidual story, a record of service, a Orange were told there was no evidence nounced that it would ‘‘temporarily’’ record of suffering. Be it in today’s that their symptoms resulted from suspend enrolling Priority Group 8 vet- wars or conflicts past, a record of serv- that. Now that we have evidence Agent erans. That temporary restriction ice and sacrifice is exemplified by Orange is toxic, we need to include the stands today. So under existing restric- every one of them. These individuals longer term effects on their children tions, a veteran making as little as may now be looking for employment, and their families. The amendment I $33,577 or a family of five making a perhaps, to support a family. We need have offered would address those household income of $50,025 can be de- to keep faith with them. issues. nied health benefits in Connecticut. This legislation aims to decrease the Even if none of those amendments I There are an estimated 720,000 Priority backlog further through an accelerated have proposed are adopted during this Group 8 veterans who are not enrolled appeals process and getting the VA the process, this measure stands on its own in health care. Tens of thousands of information it needs to decide these as a historic step forward. It is, indeed, veterans apply each year for enroll- claims. It brings in local governments a historic recognition of the obligation ment and are denied due to that means to help with the claims. And it helps and opportunity we have at this point test. veterans who have misfiled documents in our history to make sure we leave Simply put, the VA should have the in the claims process to seek a better no veterans behind and keep faith with capacity and resources to serve every route to what they need and deserve. our veterans, address their needs in a

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1144 CONGRESSIONAL RECORD — SENATE February 26, 2014 big and broad bill that reflects the ur- protect and defend those veterans who So while I am not here to say this is gent and diverse issues and challenges have protected and defended us, those 100-percent bipartisan, because it is they face. I am proud to support it. men and women who have put their not, we have gone a very long way to I thank my colleagues on the Vet- lives on the line to protect this coun- do what has not been done very often erans’ Affairs Committee who have ap- try—we can rise above the partisan here in the Senate, and that is to bring proved many of the parts of this bill by rancor that we see down here on the everybody’s ideas together to pass unanimous vote or overwhelming bi- floor every single day. something that is terribly important partisan majorities. This cause should That is what the American people for our veterans. be truly bipartisan. Let’s move forward want us to do. Not only has the vet- The point I am trying to make here and move America forward addressing erans community been clear on the is that I happen to believe that vir- the needs and challenges of its veterans need to pass this bill, but that is what tually every Member of the Senate, re- as we have an obligation to do. We the American people want us to do. gardless of their political point of view, must keep faith with our veterans and They understand the sacrifices made does care about veterans. I say this es- leave no veterans behind. by veterans and their families, and pecially about the members of the I yield the floor and suggest the ab- they want us to rise above the partisan committee—the Veterans’ Affairs Com- sence of a quorum. acrimony the American people see mittee—who would not be on the com- The PRESIDING OFFICER. The every single day. mittee if they didn’t care about vet- clerk will call the roll. Let me be very clear, and let there be erans. I believe that virtually every The bill clerk proceeded to call the no misunderstanding about this. I have Member of the Senate wants to do the roll. tried, as chairman of the committee, to best they can for veterans. That is why Mr. SANDERS. Mr. President, I ask do everything I can to bring forth leg- I have worked so hard to do my best to unanimous consent that the order for islation which includes provisions from make sure this bill is as bipartisan as the quorum call be rescinded. Republicans and provisions from Demo- it can be. The PRESIDING OFFICER (Mr. crats. My view is, and has been, that if In my view, this is, in fact, a very there is a good idea that improves the COONS). Without objection, it is so or- good bill. But like any other piece of lives of veterans—I don’t care if there dered. legislation, it can be made better. We is an ‘‘R’’ attached to a Senator’s f have 50 States, we have Native Amer- name, a ‘‘D’’ or an ‘‘I,’’ as in my case— ican tribes, and we have all kinds of CONCLUSION OF MORNING let’s bring forth that legislation. issues out there. There are 100 Senators The reality is, to the best of my BUSINESS here in this body who know their knowledge, there are 26 separate provi- The PRESIDING OFFICER. Morning States, who know their issues. So let sions that Republican Members have business is closed. me be very clear in echoing what the authored or cosponsored—that is a majority leader said this morning, and f lot—and some of them are very signifi- that is he and I want to encourage COMPREHENSIVE VETERANS cant provisions. Further, perhaps most every Member of the Senate—Demo- HEALTH AND BENEFITS AND importantly, two of the most impor- crat, Republican, and Independent— MILITARY RETIREMENT PAY tant parts of this comprehensive legis- who has germane amendments dealing RESTORATION ACT OF 2014—MO- lation are omnibus bills that were with veterans issues to please offer TION TO PROCEED passed unanimously by the committee. those amendments. Bring them to the The PRESIDING OFFICER. Under So what we have done is brought ideas together in two of the most important floor. the previous order, the Senate will re- My understanding is a number of provisions in this bill, with two sepa- sume consideration of the motion to amendments have already been offered proceed to S. 1982 which the clerk will rate omnibus bills passed unanimously by the committee. There are other pro- by Democratic Senators and we have now report. some amendments now that have been The bill clerk read as follows: visions in the bill that were not passed unanimously but also passed with bi- offered by Republican Senators. I un- Motion to Proceed to Calendar No. 301 (S. partisan support. derstand Senator RUBIO and Senator 1982) a bill to improve the provision of med- I also want to point out the two pro- COLLINS have offered amendments, as ical services and benefits to veterans, and for well as a number of Democrats. We other purposes. visions that were not discussed at the committee level but have been passed look forward to more amendments The PRESIDING OFFICER. The Sen- almost unanimously by the Repub- coming to the floor so that we can have ator from Vermont. lican-controlled House of Representa- a serious discussion about those Mr. SANDERS. Mr. President, let me tives, and I believe have strong bipar- amendments. thank Senators MURRAY, DURBIN, and tisan support in the Senate. With al- I hope the one thing that will not BLUMENTHAL for their very thoughtful most unanimous votes, the House happen is that, as we discuss this legis- and important remarks regarding the passed a provision that would solve a lation, instead of having an honest de- needs of veterans and why it is abso- long-standing problem and enable the bate about the needs of veterans, that lutely imperative we pass this com- VA to enter into 27 major medical fa- this legislation becomes another forum prehensive veterans legislation. Let me cility leases in 18 States and Puerto for the same old partisan politics we also begin by thanking all of the mem- Rico. We have virtually that same lan- have seen for years—the sort of par- bers of the Senate Committee on Vet- guage in our bill, and that was passed tisan politics the American people are erans’ Affairs for their very hard work almost unanimously in the House. So I increasingly disgusted with. The Amer- in helping to craft what is not only an think that is a nonpartisan, bipartisan ican people understand that honest enormously important piece of legisla- provision. people have differences of opinion on tion impacting the lives of millions of A second provision passed by the the issues, but they do not want to see our veterans but is also, to a large de- House with very broad support deals serious legislation being sabotaged be- gree, a bipartisan piece of legislation. with ensuring that veterans can take cause of political partisanship. It is no secret that Congress today is full advantage of the post 9/11 GI bill In my view, with regard to this vet- extraordinarily partisan and, in fact, is and get in-State tuition in the State in erans bill and the fact we have lan- largely dysfunctional. On major issue which they currently live. That lan- guage in this bill which can improve after major issue the American people guage I believe is identical in our bill. the lives of millions of veterans and are crying out to us and asking that we So we have major provisions passed their families, I believe it would be ex- address the serious problems facing in the Republican House with almost tremely disrespectful to the men and this country. Yet we are unable to do unanimous support that are in this women who have put their lives on the virtually anything. I hope—and I say bill, and there are two omnibus provi- line to defend this country to use this this from the bottom of my heart, and sions passed with unanimous support piece of legislation dealing with vet- as chairman of the Senate veterans out of our committee, and we have erans issues as nothing more than a po- committee—that at least on the issue other provisions passed with bipartisan litical pawn for other issues that are of addressing their needs—the need to support. totally extraneous to their needs.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1145 I fully understand—no great secret Today I hope we can keep faith with lost one leg immediately, suffered a here—that my Republican colleagues those promises. Let us focus on vet- stroke and a severe spinal cord injury. do not like the Affordable Care Act. erans’ issues. Let us get the best bill Soon thereafter his other leg was am- They are entitled to their opinion. We we can. Let’s not kill this bill because putated above the knee and he suffered have discussed this issue and this law of the same old same old partisan situ- yet another stroke. over and over. I ask my Republican col- ation we face. After 3 years of rehabilitation, Ed leagues: Please, do not inject I will take a few minutes to discuss was medically retired from the Army. ObamaCare into the veterans debate. It why we have brought forth this legisla- Because of VA’s caregiver program—a has nothing to do with the needs of tion, which has been described as the program we established in 2010 for post- veterans. most comprehensive piece of veterans 9/11 veterans and their families—his I understand some of my Republican legislation to have come before Con- wife Karen was able to separate from colleagues have strong feelings about gress in decades. the Army as well as become her hus- sanctions in Iran. Clearly, this is an While in recent years the President band’s full-time caregiver. Karen important issue. But it has nothing to and Congress have made good spends a significant amount of time do with the needs of veterans in this progress—I think the President’s budg- every day caring for Ed. She helps Ed country. Please, do not inject the Iran ets have been good; I think Congress, with personal care, fixing his meals, sanctions issue into a debate on how in a bipartisan way, has done a good and all of his transportation, including we can improve the lives of veterans job in addressing many of the problems to and from medical appointments. and their families. facing the veterans community—the Karen has gone through the training I know there are strong feelings and truth is, and I hope everybody knows, program and receives a monthly sti- disagreements about the wisdom or we still have a very long way to go. pend to help compensate for her loss of lack of wisdom of the Keystone Pipe- Now I will discuss some of the out- income. line. I have my views on the issue. standing issues this bill addresses. I think that is the right thing to do. Other people have their views on the I think anybody who has nursed a I am not sure there are too many Mem- issue. But, frankly, the Keystone Pipe- child or a parent who is ill or injured bers in the Senate who don’t think that line has nothing to do with the needs of knows how difficult and stressful this is the right thing to do. Here is a guy our veterans. And there are many is; how sometimes you have to stay up who suffered terrible wounds. His wife other issues out there. all night, how sometimes you have to is now giving up her career to care for Let me at this point quote from a stay with your patient 24 hours a day. him. Should we not help that family? I tweet that came out last night from I would like people to be thinking think we should. Thanks to this pro- the Iraq and Afghanistan Veterans of about what it means day after day, gram Ed and Karen are able to con- America association, and this is what week after week, month after month, tinue their lives together in their they say. This is the organization that year after year, to be taking care of home. represents the men and women who those veterans who are severely dis- Another important point: What have fought in Iraq and Afghanistan. abled in war. might the alternative be? Send Ed to a This is what they said last night: Think about, for a moment, what the nursing home where he would be un- The Senate should not get distracted while stress is and how much of your own life comfortable, not get the care of a loved debating and voting on the vets bill. Iran you have given up to your loved ones, one, and at great expense to the VA? sanctions, ObamaCare, et cetera, aren’t rel- and there are tens of thousands of So this saves us money and provides evant to S. 1982. spouses who are now doing nursing and better care for our veterans. This is That is the issue we are debating caring for veterans from World War II, what we did in the post-9/11 caregiver today, and I absolutely agree with the from Korea, from Vietnam, from Iraq, bill. The problem is the bill only ap- IAVA on this issue. They also say in from Afghanistan. That is what they plies to post-9/11 veterans. another tweet: are doing right now, and they are doing What I think should happen, what In 2013, veterans were not immune from it because they love their husbands or the veterans community thinks should gridlock in Washington. This year has to be their wives or their sons or daughters. happen, and what I believe the Amer- different. We urge the Senate to pass this The very good news is in 2010 Con- ican people think should happen is we legislation. gress passed legislation to develop a should expand that program to all vet- As I mentioned yesterday, this legis- caregivers program for post-9/11 dis- erans of all wars and their families. lation, in fact, has the support of vir- abled vets. This was a huge step for- There are tens of thousands of family tually every veterans organization in ward. What it said is for those men and members today who are caring 24/7 for the country, representing millions and women who came back from Iraq and veterans wounded in World War II, millions of veterans, from the Amer- Afghanistan, perhaps without legs, per- Korea, Vietnam, and other wars. They ican Legion to the VFW, the DAV to haps blind, perhaps without arms, per- deserve the same benefits the post-9/11 the Iraq and Afghanistan Veterans of haps ill in one way or another through veterans families are now receiving. America, the Vietnam Veterans of PTSD or TBI, we were going to make That important provision is in this leg- America to the Disabled American Vet- sure their wives, their mothers, their islation, and I hope my colleagues sup- erans and the Paralyzed Veterans of sisters, their brothers, their children port it. America. We have dozens of organiza- had the support they need to provide There is another important provision tions that know how important this the kind of inhome nursing care those in this legislation. This is a very im- legislation is to their members. veterans need. This legislation has portant and sensitive issue. There are So my plea to my colleagues is let’s been very successful for post-9/11 vet- some 2,300 veterans who served in Iraq debate veterans’ issues. If you have an erans. I will give one example and and Afghanistan who, because of a va- idea to improve this bill, I welcome it. there are obviously many. riety of injuries, are unable to start Let’s have that debate. I do not believe One family who benefited from the the families they have wanted to start. this legislation is immune to improve- VA’s caregiver program is Ed and Some injuries are spinal cord, some ment. We can improve it, but please do Karen Matayka. They live in my home may be genital injuries, some just af- not inject extraneous issues in here for State of Vermont. In 2010, Ed and fect the reproductive organs, and they totally political reasons. I think that Karen were deployed together as med- are no longer able to have babies. Many is unfair to the veterans of this coun- ics to Afghanistan with the Vermont of these young men and women want to try. Army National Guard, a National have babies, to raise their children, As the Presiding Officer well knows, Guard of which many of us in Vermont and, as much as they can, to have a on Veterans Day and Memorial Day, are very proud. Just 2 days before Inde- normal family. I—and I suspect every Member of the pendence Day, the vehicle Ed was Right now the VA does not offer re- Senate—go out and speak to veterans. riding in was hit by an IED. The driver, productive treatments to veterans, We express our deep respect for them Vermont’s Ryan Grady, was killed. We meaning the most seriously injured and their families and the appreciation remember that loss very well. Ed and among them cannot access the treat- for all they have done for our country. three others were severely injured. Ed ment or care needed to start a family.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1146 CONGRESSIONAL RECORD — SENATE February 26, 2014 Senator MURRAY, former chair of the the threshold we use would be the high- aren’t problems within the system. I Committee on Veterans’ Affairs, was est in each State, therefore, making have talked to veterans in Vermont, on the floor yesterday speaking at more veterans eligible for VA health and I have talked to veterans all over great length about this important care. In my view, this is exactly what the country, and by and large there is issue. I believe that if we send young we should be doing. very strong support for VA health care. people off to war and they become in- There may be some in the Senate These veterans understand that when jured and if they want to start a fam- who believe a veteran in a given State they walk into a VA facility, the peo- ily, we have to assist them in being who earns all of $28,000 a year should ple who are there to treat them under- able to do so. That provision is in- not be eligible for VA health care be- stand their problems, and many of the cluded in this legislation. cause he or she is ‘‘too rich.’’ I respect- workers are veterans. I will talk about another issue we fully disagree. VA provides high-qual- I think if you talk to the veterans deal with in this bill. Unfortunately, ity, cost-effective health care. There community, they will tell you not that yesterday in discussion this provision are many veterans in this country the VA does not have its share of prob- was mischaracterized by some who struggling economically who want and lems, it certainly does, and not that we spoke against it. This provision deals need VA health care. should not focus vigorously on improv- with expanding VA health care and I should also add that these newly el- ing the care at VA, but they will tell making sure some, including some very igible veterans will pay a copayment you by and large the care they are get- vulnerable veterans who are today not just like all other currently eligible ting is good care. eligible for VA health care, in fact be- priority 8 veterans. Frankly, I would The point I want to make is that be- come eligible. prefer those veterans receive high- fore we eviscerate, as was the case yes- Currently, VA uses an extremely quality care at the VA, rather than terday, the Veterans Health Adminis- complicated system to determine eligi- going into an emergency room at 10 tration’s health care system, let us re- bility based on income for veterans times the cost when they become ill. member today about what is going on without service-connected injuries, Let me reiterate. Unlike what some in terms of health care in America. Let often what we call priority 8 veterans. of my colleagues said yesterday, this us understand that the VA is not the The VA now determines income eligi- important provision does not open VA only health care system in this coun- bility by looking at the income of an health care to every veteran in Amer- try which has problems. individual and his or her family county ica—and there are 22 million of them— Today, as a nation, we are the only by county in each State. I don’t know nor does it open the floodgates, bring- major country on Earth that doesn’t how many thousands of counties we ing in millions and millions of vet- guarantee health care to all of its peo- have in the United States of America, erans. ple as a right. Today there are tens of but I will discuss what this means in I cannot give an estimate, nor can millions of people—even after the Af- the real world in terms of how the VA anybody else, how many will take ad- fordable Care Act—who lack any currently determines income eligi- vantage of this provision, but it will be health insurance. bility. a manageable number, largely because Let’s remember that 45,000 people— My own State of Vermont is a small we make very clear—and this is an im- according to a Harvard study—die each State—620,000 people. We are a rural portant point some of my colleagues year because they don’t get to a doctor State. There are just 14 counties. In apparently did not understand. We on time because they lack health in- Vermont, as throughout the country, make it very clear in this legislation surance. Let us not forget that in the each county has its own threshold for that the VA has 5 full years to fully midst of high premiums, high copay- determining eligibility for priority implement this provision in a way that ments, and lack of insurance, the group 8 veterans. will not negatively impact current pa- United States of America spends al- For a veteran living in Chittenden tient needs. So anyone who says it is most twice as much per person on County, where I live, the threshold to going to open the floodgates for every health care as do the people of any enroll in the VA health care is less veteran is not accurate, and that be- other nation. Many of those other na- than $48,000, but for a veteran living in cause all of these veterans are coming tions that spend a fraction of what we Windham County, in the southern part in we are going to diminish the quality spend have better health care outcomes of the State, the threshold is less than of care for current veterans is not ac- than we did in terms of life expectancy, $39,000. That is a difference of nearly curate. Let me reiterate this point, infant mortality, and many other im- $9,000. which is also in the bill. We understand portant outcomes. In the State of Georgia, there are 159 that the highest priority—and we have I will also add that before we go counties and nearly as many income talked to disabled American veterans about attacking, in a rather vicious thresholds. Imagine that. For a veteran about this issue—for VA health care is way, the Veterans Health Administra- living in Walton County, GA, the to take care of those veterans with tion’s health care system, we should threshold is less than $41,000. But if a service-connected problems. That is understand that according to a recent veteran lives in Coffee County, the the case today and that will remain the study that appeared in the Journal of threshold is just over $28,000. It may case after this bill is passed tomorrow. Patient Study that between 210,000 and make sense to some people. It doesn’t Those with disabilities and those with 400,040 people each year who go to the make a whole lot of sense to me. service-connected problems will remain hospital for care suffer some type of In the State of Texas, there are 254 the highest priority. preventable harm that contributes to counties. For a veteran living in This is a long discussion, and we their death. According to that study, Brazoria County near Houston, the could go on and on for hours about that number would make medical er- threshold is less than $48,000. For a vet- this. I am also on the health com- rors the third leading cause of death in eran living in Bee County, the thresh- mittee and I have studied this issue a America behind heart disease and can- old is less than $31,000. That is a dif- little bit. There were some very harsh cer. ference of over $17,000. Frankly, this criticisms made yesterday about VA The PRESIDING OFFICER. The Sen- whole process does not make a lot of health care. The truth is that the Vet- ator has used the hour of postcloture sense, and I know from personal experi- erans’ Administration runs 151 medical debate time. ence it is totally confusing to veterans: centers. They run some 900 commu- Mr. SANDERS. Mr. President, I ask Am I eligible for VA health care? It de- nity-based outreach clinics. They have unanimous consent for 5 additional pends on which county you live in. It hundreds of vet centers. minutes. depends on which side of the road you The VA is the largest integrated The PRESIDING OFFICER. Is there live. This makes no sense at all. health care system in the United objection? This legislation simplifies the sys- States of America. It employs hundreds Without objection, it is so ordered. tem. We establish a single income of thousands of workers, doctors, The Senator from Vermont. threshold for an entire State. So in- nurses, technicians, you name it. Obvi- Mr. SANDERS. My point in saying stead of having thousands of income ously no one has ever suggested that that is not to say that the VA health thresholds, we have 50. It is true that VA health care is perfect or that there care system doesn’t have its problems.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1147 It is to say that we have problems in The PRESIDING OFFICER. The Sen- consequences are revealed. That will be fol- every health institution in America. ator from North Carolina. lowed by demands for an entirely new round That is what we have. Mr. BURR. Mr. President, as Paul of ‘‘comprehensive’’ reform, and the cycle When you look at the VA—and I can Harvey used to say on the radio: Now will begin anew. go on and on—they are doing some cut- the rest of the story. We just heard a Congress should go back to the drawing ting-edge work. If you look at health very glamorous description of biparti- board, assume a more modest approach and care technology and health care sanship and benefits that have been not take up these proposals on an individual records, the VA has led the country in basis. That’s the better path to achieving en- provided equitably to veterans. What I during and effective reform of, and account- that direction. would like to do is try and focus on re- ability for, the services we provide to our There was a discussion yesterday—an ality and discuss what is actually in veterans. absolutely correct discussion—about the bill, what is not in the bill, and our concerns within the VA and outside what was the intent of Congress. What I point that out because he is a CEO of the VA and about overmedication of is the shape of the Veterans Adminis- of a veterans organization. Not all vet- people who are dealing with pain prob- tration? erans organizations agree that more is lems. To the best of my knowledge, the I will start with one very important necessarily better and that to blindly VA is leading the country and doing thing. My colleague pointed out that add to the system is not necessarily cutting-edge work in complementary most of the veterans organizations sup- good. and alternative medicine with good re- port this bill. He is, in fact, correct. I My colleague mentioned that there sults. They are saying that maybe we will read from an editorial written by was a 5-year implementation. I have don’t have to use all of this medica- the CEO of Concerned Veterans of the legislation right here. It is title 3, tion. Maybe we can use acupuncture, America. I won’t read the whole thing subtitle A. Expansion and improve- maybe we can use yoga, and maybe we and bore the President or those who ments of benefits generally, require- can use meditation. They are doing listen, but he says: ments for enrollment in the patient en- that aggressively. By the way, this leg- But given the vast scope of this bill, we rollment system of the Department of islation expands those programs. should be skeptical. In recent years, the VA, Veterans Affairs of certain veterans el- One of the crises in American health which will take on a wide range of expanded igible for enrollment by law but not care today is our failure in terms of de- responsibilities should this bill become law, currently permitted to enroll. veloping a strong primary health care has come under fire for dysfunctional man- system. Guess what. The VA has 900 agement and poor service to veterans. If the It goes through all the subsections primary health care facilities all over VA is already failing to meet its obligations and basically says the Secretary shall this country. The VA has women’s to veterans, is it wise to extend its mission provide for the enrollment in the pa- health centers which deal with the spe- even further? Of course not. And while we tient enrollment system of veterans need to restore the shortsighted cuts to the cific needs of children. specified in paragraph 2 by no later military pensions, there are more narrow than December 31, 2014. I could go on and on about it. It is ways to address these cuts, such as Sen. not fair to pick on the VA. They are Kelly Ayotte’s (R–N.H.) military pensions Well, in section 2, veterans with vulnerable. Every problem they have is bill, S. 1977. noncompensible service-connected dis- on the front pages of the newspapers. It’s troubling that under this bill, VA serv- abilities rated as zero percent disabled I will never forget that a good friend ices would be expanded far beyond veterans who are not otherwise permitted to en- of mine went into a hospital and died with combat injuries and service-connected roll in a system as of the date of enact- disabilities, fundamentally changing the of an infection. It didn’t make the ment of the Comprehensive Veterans front pages of the paper. That is hap- founding mission of VA. This will only flood the VA system with new claimants, many of Health and Benefit Military Retire- pening all over America. whom would be better served by health cov- ment Pay Restoration Act of 2014— Yes, of course, we want to improve erage in the private insurance market. under this section they do not have ac- the VA health care system, but let us Veterans seeking VA care already face cess to health insurance except thank the hundreds of thousands of wait times of months and even years; further through a health exchange. highly qualified and dedicated workers expanding eligibility to veterans who would who are providing quality care to their be better served by other healthcare options My colleague sat on the floor and patients. will only stretch the VA to its breaking begged me not to talk about the Af- Lastly, I want to say a word on some- point. There is also currently no cost esti- fordable Care Act. The Affordable Care thing I feel very strongly about. I have mate of this massive expansion. Act is in his bill. It is referenced in his Meanwhile, there is another compelling bill. always believed that dental care should question of costs. Sanders has proposed shift- be an integral part of health care as a ing funding from the Pentagon’s Overseas Now, get this: The Affordable Care nation and within the VA, and what Contingency Operations to pay for these ex- Act has been portrayed as the solution this bill does for a first time, through panded veterans priorities. But taking fund- to the health care problem in America. a pilot project, is begin the process of ing from the men and women serving in Af- Forget for a minute the fact that pre- opening dental care for nonservice-con- ghanistan and elsewhere is shortsighted and miums have increased for practically nected veterans. could otherwise endanger their lives. That everybody in America—90 percent have approach will likely meet a chilly reception There are a number of other provi- seen increases. The $2,500 savings per sions I will talk about later. Here is in the House of Representatives, and justifi- ably so. family is a wish, a hope, and a dream. the bottom line: We owe more than we This means that Sanders’ $30 billion bill My colleagues think so much of the can ever pay back to people who sac- would be paid for through the accumulation Affordable Care Act that if the only rifice so much for this country. I think of additional debt. The CVA has been clear choice for a veteran is the Affordable it is important that we pass this com- that Washington needs to ‘‘cut debt, not Care Act, then they can opt to go into prehensive legislation. I think it is ter- vets.’’ With $17 trillion in debt and massive the VA. If the Affordable Care Act and ribly important that we have a serious annual deficits, our country faces a fiscal the exchange are so good, why would debate about the serious issues facing crisis of unparalleled scope. Now is not the time, in any federal department, to spend we want to shift them from something the veterans community. money we don’t have. good into something that is question- I look forward to my colleagues—Re- To be sure, there’s much to like in the publican, Democrat, and Independent— able, based upon what the editorial Sanders bill. And if those components were said. bringing forth their ideas and amend- presented as separate, smaller bills, as part ments, but please do not disrespect of a carefully considered long-term strategy My colleague said the VA has the those people who have sacrificed so to reform the VA, hold leadership account- best health care system in the world. It much by killing this bill because of the able and improve services to veterans, we does. The hospital system has been same old politics we have struggled would have no problem extending enthusi- rated high practically every year it has astic support. been rated. I made the statement yes- with for years. This is a veterans bill. As with so many bloated legislative Let’s discuss veterans issues. projects in today’s Washington, the over- terday: Why would we take a system I yield the floor and thank my col- reaching and overpromising in this bill will that is broken and stuff more people league for allowing me the extra 5 min- only lead to disappointment and recrimina- into it? Why wouldn’t we focus the de- utes. tions as the high costs and unanticipated bate on how to reform the system?

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1148 CONGRESSIONAL RECORD — SENATE February 26, 2014 This is one year’s worth of inspector three reasons he was reluctant to— So I am going to urge my colleagues, general reports on health care facili- well, let me just say that when the as we move forward, let’s not do any- ties, over 40 healthcare inspections re- caregivers program came up in debate thing to damage veterans. Let’s not do ports that have been released by the in- on the Senate floor, Senator Akaka, anything to overwhelm the Veterans’ spector general. I can tell my col- then chair, noted that these benefits Administration. Let’s commit to work leagues what is in front of the VA. and services were not made available with them to reform the system. Let’s They can’t even get their hands around for all veterans for three reasons: listen to what they want and not put their own inspector general’s report. [O]ne, the needs and circumstances of the them in a situation where they are These are deaths of veterans. These are newest veterans in terms of injuries are dif- telling us: We don’t want what you are individuals who used somebody else’s ferent—different—from those of veterans proposing. Let’s listen and let’s apply insulin pen. This is legionnaires dis- from other eras; two, the family situation of common sense to legislation versus to the younger veterans is different from that ease. This is a system that drastically of older veterans; and three, by targeting just be focused on the cheers we receive needs reform. This is not a Member of this initiative on a specific group of vet- from a few who are paid to represent the Senate making an accusation, it is erans, the likelihood of successful under- folks in Washington. the inspector general of the Veterans’ taking is enhanced. The chairman said a number of times Administration and all of these reports I say to my colleagues, would the au- that this is about veterans. I can tell from 12 months. Yet we are talking thor of the caregivers program not be my colleagues it is a little bit more. It about a massive expansion of the Vet- the first one to come to the floor and is about the American people. It is erans’ Administration, where the lobby for an expansion? I think the an- about my kids, our kids, our grand- chairman says: Oh, they have 5 years swer is yes. But would the author of children. It is about what they inherit to do it. the caregivers legislation want to wait from us. They are going to inherit from I am reading the legislation. There is until the system can handle it? us probably the most important thing: no 5 years. There is a specified expan- Do my colleagues realize that in two the obligation to keep our promise to sion of who is included in it, and it States in America, a veteran can file veterans of all eras. says the Secretary will do it by Decem- for caregiver status in one State and be I think the decision we have to make ber 31, 2014. If the phase-in is there, denied and file the same application in as we debate this legislation is whether then the chairman can come down and another and be granted caregiver sta- we are going to commit to a promise read me the language where it says 5 tus? It happened in Colorado and Flor- that is bigger than what our kids can years. I am certainly not trying to mis- ida. How, in a system that is created to fulfill, that costs more than our kids lead anybody, although I am trying to equally treat veterans, is that possible? can afford, and that doesn’t necessarily make sure we get the facts on the floor Now we want to extend it to veterans enhance the health care delivered to of what this legislation actually does. of all eras. I would suggest to my col- our veterans. If anything, today it The chairman talked about biparti- leagues that this is almost ludicrous to would probably be detrimental to those sanship. He is correct. Quite a few of even think about. who need it the most. the bills in his package are my bills, I see quite a few Members here, and I I thank the Presiding Officer for his and they passed out of committee with am not going to take up but a couple patience. I thank my colleagues for unanimous support. Incorporated in his more minutes. I want to make sure my their indulgence as they have patiently bill are 143 provisions, 26 of which are colleagues understand that my opposi- waited. This is way too big an issue to Republican. I have never judged wheth- tion is not to veterans. My opposition rush forward with. I look forward over er I liked the bill based upon how many is to proceeding with legislation that the next several days to a real debate of my proposals were in it or how many could hurt veterans, not help them. In about the specifics in this bill and, proposals from my side of the aisle this particular case, more is not nec- more importantly, about what we were in it; I base it on what is in the essarily better. As the CEO of Con- should do as a Congress to help vet- bill. What are the policies? What is our cerned Veterans of America stated, the erans and to help the Veterans’ Admin- intent? Do we accomplish that in the right congressional action would be to istration. language of the legislation? stop, take a breath, and focus what is I yield the floor. Let’s look at it for just a minute. broken. Fix the system. Then have a The PRESIDING OFFICER. The Sen- There are no reforms—zero. Zero re- debate about which veterans, if any, ator from Indiana. forms are in the bill. It is a massive ex- should be included in the VA delivery Mr. COATS. Mr. President, I did not pansion of individuals in the system. of care. come to speak on this bill, although I As a matter of fact, under this piece of The chairman highlighted yesterday certainly appreciate the remarks of my legislation, the VA doesn’t even sup- that incorporated in both his bill and colleague from North Carolina I also port it. Let me read what the Principal my bill is a House provision that pro- see the chairman is here. I say to the Deputy Under Secretary for Health, Dr. vides leases for 27 new VA outpatient chairman of the committee, I am only Robert Jesse, said. He indicated that facilities. He said: That is proof we prepared to speak on a separate subject expanding enrollment of Priority 8 vet- have in the system enough facilities to probably for 5 to 7 minutes. erans ‘‘presents many potential com- handle the population. No, Mr. Chair- As I said, I appreciate the comments plications and uncertain effects on man, that is not proof. Those 27 leases of my colleague, particularly when we VA’s enrollment system.’’ This is the are for trying to make sure we have fa- are dealing with veterans, their bene- individual in charge of health at the cilities to handle our current popu- fits, and health care in particular. We VA who says: I don’t think this is a lation within the VA. Those veterans need to be very careful in terms of good idea. who are driving over 2 hours for a pri- what we are doing so we do it the right So I guess the only mistake the mary care visit, those individuals way because we owe them all our Na- chairman made was—he suggested that whose transportation is their No. 1 tion’s gratitude for the sacrifices they I was opposed to it, and he was accu- issue—27 doesn’t even get us up to tak- have made. As veteran myself, I have rate, but he didn’t ever say the VA is ing care of today’s population. some appreciation of that. My daugh- opposed to this massive expansion. As I said yesterday, we have I know ter married into a military family. He talked about the caregiver bill. I $14 billion worth of construction that Nevertheless, we need to be very care- know something about it because I is currently underway in the VA; yet ful how we go forward in making sure wrote it. We implemented it as a dem- we appropriate $1 billion a year. It will the care they get through the VA sys- onstration project. Why? Because Sen- take us 14 years to build out the inven- tem is the very best care possible. My ator Akaka and I believed the VA was tory we have today. But the legislation colleague has outlined a number of not in a position to absorb this massive calls for an incredible increase in the issues that need to be debated, and I program and to administer and imple- size of the veterans population by De- dearly hope the majority leader will ment it in an effective way. As a mat- cember of 2014. We won’t have any of allow us the opportunity to not only ter of fact, Senator Akaka said at the those 27 facilities that would be legis- debate but vote on the alternative time—he was then the chair of the vet- lated in this bill done by December which, in my opinion, addresses the erans’ committee—he said there were 2014. issue in the very best way.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1149 MEDICAL DEVICE TAXES tive, struggling to design that new There are negative results that come Today I come to speak about the product that can be life enhancing and from taxing anything. But when you President’s visit to Minnesota. I wish life saving, have simply had to defer tax sales, when you tax on an excise it were Indiana. He is going there for their product to pay the tax. They may basis, it has a compounding effect for the purpose, as stated, of discussing a not have made a penny in net profits. startup companies, and even for estab- new initiative—I think it is a transpor- Many of these are startup companies, lished companies, in terms of what tation initiative—that he hopes will hoping to develop and get FDA ap- they are able to do in terms of hiring, create jobs and stimulate economic proval for, the next new life-enhancing in terms of plant expansion, in terms of growth. Clearly, that has been an ongo- innovation. Yet they are not taxed on research and development, in terms of ing challenge for this administration. their net profits—and many are losing innovation. How ironic. How ironic to go to Min- money initially in order to go through This is happening across the country. nesota, a State like my home State of the tortuous and time-consuming proc- Minnesota and Indiana just happen to Indiana, which has been one of the ess of getting FDA approval, which de- be two States that have been particu- most negatively impacted by the excise nies them getting their products out to larly hard hit. We ought to be encour- taxes imposed upon one of its most dy- the market for a long period of time; so aging these companies to continue namic job creators—the medical device most of them early on are not making their research and development. We industry. How ironic it is to go to Min- any profit. But on the devices they are should not be punishing them with an nesota and talk about creating jobs selling, every dollar that comes in is egregious tax which is simply a byprod- and economic growth while at the same taxed, even though they have no net uct and the administration says: We time promoting a provision that was profits and, therefore, they have to have to find a pay-for for ObamaCare. incorporated in the Affordable Care take money out of research and devel- Here is a prospering industry, so let’s Act that imposes an egregious excise opment, out of capital equipment, out take some money from them—not on tax on not the profits but on the sales of employee compensation, in order to their profits—but let’s just take money receipts of medical device companies. send the check to the government. from them from their sales—an excise It is simply an ObamaCare pay-for. Cook Medical, which is located in tax—so that we can apply it to As I said, Indiana and Minnesota are Bloomington, IN, another Hoosier de- ObamaCare. homes to many of the country’s largest vice manufacturer, was forced to table Essentially, what they are doing is medical device manufacturers. In fact, plans for a major expansion because of taking money from a program that my State of Indiana exported more the device tax. In testimony before the works and puts people back to work than $9.7 billion in life science products Senate Budget Committee last year, and generates taxes the right way and in 2012, which includes medical devices. Cook’s medical chairman, Steve Fer- transferring that money to a program It is second in the country only to Cali- guson, said this: that is in distress, has turned out to be fornia in terms of exports of life Cook has made the difficult decision that a job killer, according to studies and a science products. So it is very impor- without repeal [of the medical device tax], number of agencies that have looked at tant to our State. we will move important new product lines this, and is very much in a state of We have over 300 FDA-registered outside of the U.S. Our previous plans to confusion and disarray right now medical device manufacturers—some of open up five new manufacturing facilities in among the American people. them large, some of them small. They American towns are now on hold as we use So you take some money from some- employ 20,000 Hoosiers directly, with capital intended for these projects to pay the thing that works and you give it to an indirect support of nearly 30,000 excise tax. something that does not work. What more. So it is not a small thing for our There are very real consequences kind of rationale is that? And how can State. It is one of the—and pardon the here in terms of job creation and eco- the President go to Minnesota and say: pun—cutting-edge industries, pro- nomic growth that are being inhibited. I am here to stimulate growth and cre- ducing devices that improve the health We are getting just the opposite. We ate jobs, while his very own policy has of Americans and extend the life of are getting job-killing and deflated done just the opposite? Americans through some remarkable economic results as a result of this tax. The senior Senator from Minnesota, innovations. These companies have And it is an egregious tax. Ms. KLOBUCHAR, and I chair the Senate revolutionized the medical field with The Advanced Medical Technology Medical Technology Caucus. We have life-enhancing, as well as lifesaving, Association recently conducted a sur- been able to pull together a bipartisan technology. vey of its members—they shared that effort to increase awareness of these So what is the effect of this excise with me earlier today—and found that unique issues but also to achieve a tax that has been imposed on these the device tax forced manufacturers to vote, which is hard to do around here. companies and this thriving industry? let go of or avoid hiring 33,000 workers During the budget we had the so-called Well, let me respond in a way that re- last year. Mr. President, that is 33,000 vote-arama. Republicans and Demo- flects what some Hoosiers have told people who could have joined the work- crats got to offer any amendment we me, as I travel across the State talking force at wages which in my State are 56 wanted. It is not binding law, but it to these device employees and CEOs percent higher than the average State sets the stage and illustrates the Sen- and manufacturers, learning what the wage. So these are good-paying jobs. ate’s stance on particular topics. impact of this tax is on their industry, They require good skills, but they are On this one 79 out of 100 U.S. Sen- which is so important to our country’s good-paying jobs. And it is an emerging ators—Republicans and Democrats; economic growth. series of products that can be exported that is 45 Republicans and 34 Demo- One device manufacturer located in around the world. crats—voted for repeal of the medical Warsaw, IN, develops and sells ortho- The survey also found that one-third device tax. So this is not a Republican pedic implants for children but re- of the respondents had to reduce their standing here challenging the Presi- cently had to shelve two important research and development as a result of dent of another party or Members projects simply because they had to get the medical device tax. across the aisle saying: We are asking the money to pay the tax, so they In terms of investment dollars, three- you to support this Republican issue. could not put it into the research and quarters of the respondents said they This is a bipartisan issue. Almost as development and innovation of their had taken one or more of the following many Democrats as Republicans sup- next products. I quote an employee of actions in response to the tax: They port this. But yet the majority leader this company, who told my office: ‘‘The have either deferred or canceled capital has refused to allow this to come to an medical device excise tax inhibits us investments; deferred or cancelled actual vote, which would put it into from developing more products that plans to open new facilities; reduced passage—because the House has al- can reduce a wheelchair-bound child’s investment in startup companies; ready supported and passed this—and discomfort or that can allow a kid to found it more difficult to raise capital, be sent to the President for his signa- walk for the first time.’’ particularly among startup companies; ture. So there are real consequences here. and reduced or deferred increases in So I guess what I am asking here Companies, many of which are innova- employee compensation. today is that the majority leader at

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1150 CONGRESSIONAL RECORD — SENATE February 26, 2014 least allow us the opportunity to go lies in this country where loved ones American Legion National Com- forward with a vote, where it would are taking care of disabled vets, need mander Daniel M. Dellinger said today: then, I suspect it would pass, be sent to some support, and we have a need to Iran is a serious issue that Congress needs the President. If he really wants to cre- expand the caregivers act; whether it is to address, but it cannot be tied to S. 1982, ate jobs and stimulate the economy, we the fact that we have some young peo- which is extremely important as our Nation have living proof of something that ple who are eligible to use the post-9/11 prepares to welcome millions of U.S. mili- tary service men and women home from war. will do it. GI bill but are unable to do it because This comprehensive bill aims to help vet- I do not know how the President they cannot get in-State tuition; erans find good jobs, get the health care they today can go to a State and say: I am whether it is the issue of advanced ap- need, and make in-State tuition rates appli- here to stimulate the economy and pro- propriations and making sure we never cable to all who use their GI bill benefits. vide for new jobs and at the same time again find ourselves in the position This legislation is about supporting vet- have in place a majority leader who that we did a few months ago, where erans, pure and simple. The Senate can de- will not allow us a vote on it. We all the government was shut down and bate various aspects of it, and that is under- want to enact measures here that will where disabled veterans were 1 week or standable, but it cannot lose focus on the matter at hand: helping military personnel get our country growing again and will 10 days away from losing the checks make their transition to veteran life and en- get people back to work. In an area they are dependent upon, I think there suring that those who served their Nation in where we are providing life-enhancing is widespread support in America for uniform receive the benefits they earned and and lifesaving medical technology, it is that bill, for the understanding that we deserve. We can deal with Iran—or any other particularly important. do owe the men and women who put issue unrelated specifically to veterans— So my plea, as I finish here, is I urge their lives on the line to defend us a with separate legislation. the majority leader and I urge the debt of gratitude that can never be I think Commander Dellinger hit the President—if they are serious about en- fully paid. nail right on the head. What he is say- couraging economic growth, spurring But we have to do our best. We have ing is, fine, we can debate Iran at some job creation, and improving health to make life as good as we can for point; we can debate ObamaCare, which care—to support the repeal of this un- those who were injured in war. We have has been going on day after day after fair and destructive tax of medical de- to protect the hundreds of thousands day. We can do anything we want to do, vices. who came back from Iraq and Afghani- but this is a bill that deals with vet- I yield the floor. stan with PTSD or traumatic brain in- erans’ issues. The PRESIDING OFFICER (Ms. jury. But whatever one may think of I thank the American Legion not HIRONO). The Senator from Delaware. the bill—whether you like the bill, only for their support—they along with Mr. COONS. Madam President, I don’t like the bill, think it is too ex- virtually every other veterans organi- yield 45 minutes of my hour under clo- pensive or think we should have done zation in this country supports this ture to Senator SANDERS, chairman of more—the one thing most Americans legislation: the VFW, DAV, Vietnam the Veterans’ Affairs Committee. understand is that it is totally absurd Vets, Iraq-Afghanistan Veterans of The PRESIDING OFFICER. The time to be bringing forth extraneous issues America, and dozens of organizations— is so yielded. into a debate on veterans needs in but I thank the American Legion in Mr. COONS. I suggest the absence of order to kill the bill. particular for their statement in mak- a quorum. I say to my colleagues exactly what ing it clear that our job is to debate a The PRESIDING OFFICER. The the majority leader said this morning. veterans bill, not kill this bill because clerk will call the roll. If you have amendments dealing with of an extraneous issue such as Iran The bill clerk proceeded to call the veterans issues, we welcome them. We sanctions. roll. have a number of Democrats who have I wish to say one other word before I Mr. SANDERS. I ask unanimous con- come forward with amendments. We proceed to my main remarks. My col- sent that the order for the quorum call have some Republicans who have come league from North Carolina quoted be rescinded. forward with amendments. We welcome from a group called the Concerned Vet- The PRESIDING OFFICER. Without amendments that are relevant and ger- erans of America. In support of our leg- objection, it is so ordered. mane to the needs of veterans. What we islation, we have the largest veterans Mr. SANDERS. Madam President, do not welcome are extraneous amend- organization in America, the second earlier this afternoon I spoke about the ments that are designed only—only— largest, third largest, fourth largest, many important provisions in this vet- for partisan, political reasons, exactly the fifth largest, the sixth largest, and erans bill that came out of the Vet- the process that the American people all the way down the line—many mil- erans’ Affairs Committee: the fact that are disgusted with today. lions of Americans. Apparently sup- we worked as hard as we could to make Interestingly enough, that is my porting his position is a group called it bipartisan, the fact that there are view. I mentioned earlier today that the Concerned Veterans for America. I many provisions in this bill that came the Iraq and Afghanistan Veterans of don’t mean to be personal, but this is from Republican Members, and the fact America sent out a tweet yesterday, just a simple fact that people should that some other provisions in this bill and the folks who served us in Iraq and understand. This organization, accord- were passed unanimously by the House Afghanistan said: The Senate should ing to the Washington Post, is signifi- of Representatives, indicating very not get distracted while debating and cantly supported by Charles and David strong bipartisan support. voting on the veterans bill. Iran sanc- Koch—the Koch brothers. We are going But what I also said is that while I tions, ObamaCare, et cetera, aren’t rel- to be running into the Koch brothers believe the American people under- evant to S. 1982—which is the veterans on every piece of legislation where stand the full cost of war and under- bill we are dealing with today. there is some group out there that they stand the sacrifices made by veterans The Iraq and Afghanistan Veterans of fund, and in this case it is the Con- and their families, what they also be- America said: Focus on veterans’ cerned Veterans of America. lieve is that when we have a piece of issues, which is a very simple request I talked earlier about the many im- legislation—an important piece of leg- and the one that should be heeded. portant provisions in the bill dealing islation—on the floor dealing with the But today, a little while ago, we with reproductive issues, the belief the needs of millions and millions of vet- heard from the largest veterans’ asso- Federal Government and the VA should erans and their families—whether it is ciation in America; that is, the Amer- assist those men and women who have health care; whether it is dental care; ican Legion, which represents 2.4 mil- lost their ability to have kids. We have whether it is sexual assault and how we lion members. The American Legion is talked about caregivers and all that, address that issue; whether it is the the largest veterans’ organization in and I want to just touch on a couple fact that over 2,000 veterans have lost this country. I suspect they have chap- more issues at this moment. their ability to have kids and what we ters. I know they are strong in I have believed for a very long time can do to make it possible for them to Vermont. I suspect they are strong in that dental care should be regarded as have children; whether it is the fact Hawaii and strong all over this coun- a part of health care. I think we make that we have tens of thousands of fami- try. a mistake as a nation saying this is

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1151 health care and this is dental care. Our heard from too many veterans that veterans community by killing this legislation, for the first time, begins many of these public educational insti- bill because of something to do with the process of providing dental care to tutions consider them out-of-State stu- Iran sanctions. That has nothing to do nonservice-connected members dents. Given that the post-9/11 GI bill with veterans’ needs. through a significant pilot project. I only covers in-State tuition and fees I hope we continue to have a vigorous have the feeling once we do this we will for public educational institutions, debate on this piece of legislation. I see see veterans from all over the country these veterans are left to cover the dif- my friend from Florida is on the floor. who are dealing with long-term dental ferences in cost between the in-State People may want to vote for it. That is problems availing themselves of this tuition rate and the out-of-State tui- good. They may want to vote against service. It is the right thing to do and tion rate. In some States that dif- it. Fine. But let us not play the same something I think we should be doing. ference can be more than $20,000 a year. old politics which so disgusts the Another provision in this bill deals That is certainly not what the pur- American people. with the COLA issue for military retir- pose of the 9/11 GI bill was about. As a With that, I yield the floor. ees. I think everybody here is familiar result, many of our Nation’s veterans The PRESIDING OFFICER (Mr. with the fact that in the Bipartisan must use loans to cover this difference COONS). The Senator from Florida. Budget Act of 2013 it reduced by 1 per- and, in the process, become indebted Mr. RUBIO. Mr. President, I would cent annually the cost-of-living adjust- with large school loans that will take like to inquire as to the pending busi- ments for military retirees until age them years to pay off. ness before the Senate. Is it the vet- 62. My office has heard from a number of erans bill, the motion to proceed? The good news is the House and Sen- veterans and veterans organizations The PRESIDING OFFICER. It is in- ate recently passed legislation com- about this problem. We heard from deed the motion to proceed to S. 1982. pletely rescinding those cuts and the Skye Barclay, who lived in Florida Mr. RUBIO. Mr. President, I appre- President has signed that bill. That is prior to joining the U.S. Marine Corps ciate this opportunity to address a the good news. The bad news is those in 2006. After serving her country, Skye number of matters of great concern. cuts continue to exist for those who decided to remain with her family in There might be, but I don’t know of join the military after January 2014, North Carolina so her husband could any State that has a greater presence and I know the veterans organizations finish serving his military obligations. of veterans within it than Florida, cer- are concerned about that. I am con- Less than 1 year later, they moved to tainly per capita. We have a huge mili- cerned about that. I think that is Skye’s hometown in Florida to transi- tary presence in our State and a large wrong, and our legislation corrects tion back to civilian life and finish number of veterans. that. So if one is talking about cuts to their college education. I have commented to people, by the military retiree COLAs, we end it, pure Skye and her husband changed their way, that in my time in the Senate, and simple. Those COLA cuts will no residency, immediately started renting which is now about 3 years and 2 longer exist if this bill is passed. a home, and ensured her car registra- months, a substantial percentage of As I mentioned earlier, this legisla- tion was up-to-date. However, the the calls we get to our office are from tion addresses the issue of the benefits school she chose to attend could not veterans regarding veterans’ issues. I backlog. There is great concern among consider either of these veterans as in- have a veteran in my family—my all Members of the Senate that vet- State students. As a result, they were brother—who has recently encountered erans are forced to wait much too long forced to pay an additional $2,000 out- some bureaucratic hurdles he is trying to get their claims processed. What of-pocket each semester. Due to the ad- to overcome in terms of getting service this legislation does is support VA’s ditional financial burden, Skye and her from the VA. So these are relevant ongoing efforts to end the backlog and husband were unable to afford daycare matters that are of great importance. would make needed improvements to for their daughter and instead have to I am glad the Senate is on the de- the claims system. Again, this is the juggle two demanding schedules, with bate. I am glad we have proceeded to result of some bipartisan efforts. one of them attending school in the have this debate. It is an important Secretary Eric Shinseki of the VA, as morning and the other late afternoon. one, and I do hope I will have an oppor- he moves the claims system from paper The bottom line is that we passed a tunity to offer an amendment I have into an electronic system, has ad- post-9/11 GI bill which is working in- relevant to the bill that involves and vanced the very ambitious goal of credibly well. Over 1 million veterans gives the opportunity for the Secretary making sure that every claim filed by and their family members have used who oversees this Department to be a veteran will be processed in 125 days this program. It is very important for able to hire and fire, particularly to at 98 percent accuracy. That is a very higher education in America, and I hold accountable mid- and higher level ambitious goal, and the language we think we should support our veterans officials within the Veterans’ Adminis- have is going to hold the VA account- who move to another State and make tration who are not doing their jobs able and make sure we reach this very sure they get in-State tuition. and are contributing to this backlog. ambitious goal. Let me conclude my remarks at this I can tell you that in Central Florida I gather there may be differences of point, though I will be back later to re- we have a veterans hospital that has opinion on this view, but another pro- iterate the major point I wish to make. been well over budget and has timeli- vision in our bill deals with the edu- We can play the same old politics. My ness issues and it needs to be ad- cational needs of servicemembers and Republican colleagues can defeat this dressed. I think that is a veterans’ making sure they get a fair shot at at- bill because of some extraneous mat- issue that has extraordinary bipartisan taining their educational goals without ters in it. I think that is incredibly dis- consensus. So my hope is we will be incurring an additional financial bur- respectful to the veterans community able to address it and we will have an den, which is what the post-9/11 GI bill that has sacrificed so much. That is amendment process that allows these was all about. That bill has been enor- not just my view; that is what the ideas to be brought forth. From what I mously successful. There are certain American Legion believes and what the heard from the Senator commenting problems remaining in it and we ad- American Legion says: Discuss vet- just a few moments ago, he welcomes dress these problems. erans issues in a veterans bill. The amendments. So I hope I will have an Given the nature of our Armed Iraq-Afghanistan Veterans of America opportunity to offer that. Forces, servicemembers have little to say the same. I know as part of this debate the no say as to where they serve and So we may have disagreements on issue of Iran sanctions has been raised. where they reside during military serv- this bill. People may choose to vote I don’t think it is rare to have issues ice. Thus, when transitioning service- against it for whatever reason. People that perhaps are not directly on point members consider what educational in- may offer amendments that we would to a bill offered in debate, particularly stitution they want to attend, many of love to see—some of them may be good, when getting into a debate on an issue them choose a school in a State other some not so good—but let us respect that has been so difficult. That is part than their home State or the State those folks who have given so much to of the problem with the Iran sanctions where they previously served. I have this country. Let us not demean the issue.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1152 CONGRESSIONAL RECORD — SENATE February 26, 2014 I understand when someone files a conventional purposes or for defensive and can go on to develop a weapon. In bill, the managers have worked hard on purposes. Usually when you undergo fact, unfortunately, the design for a it, and the last thing they want is for those efforts to develop that kind of ca- weapon is the easiest part of all this. it to be slowed down because of debate pability, it is because you want to have The hardest part is reaching the tech- on another topic that is not directly on the opportunity to one day put a nu- nological capability to enrich uranium topic. I understand that concern. I do. clear warhead on one of those rockets. to a certain point to weaponize it. But on the other hand, I hope Members So that is the story of Iran: massive If we allow them to keep all the will understand that part of the frus- expansion in their enrichment and re- equipment, all the technology, all their tration has been the inability to even processing capabilities; secret enrich- scientists, all the infrastructure in get a debate on what truly is an ex- ment programs which they try to hide place, then at any point in the future traordinarily important issue. from the world; and the development of when they decide it is time for a weap- For those here watching and those at long-range missile capabilities. Add to on, they can break out and do that. home watching and those who may see it that we are not dealing with the gov- And I would submit that the evidence this later, let me take a moment to ernment of Belgium, Japan, South is strong that this is exactly what their briefly discuss what is at stake. I brief- Korea, or any other responsible govern- strategy is. ly discussed this a few weeks ago, but ment on the planet; we are dealing I don’t think, I know for a fact that I wanted to take this opportunity to do with a government that actively uses the mandate given to those negotiators so again. terrorism all over the world as an ac- on behalf of Iran and the Supreme Here is the issue: Iran, a few years tive element of its foreign policy. They Leader was the following: Do whatever ago, began developing a nuclear proc- are involved in supporting various ter- you can to get these sanctions lifted off essing capability. What that basically rorist elements around the country, our shoulders, but do not agree to any- means is they take uranium, for exam- not just in the Middle East. Open- thing that is irreversible. ple, and they reprocess it to a certain source reporting revealed that just a Put yourself in their position. If you level. You need to have a certain level couple years ago they were involved in want to retain the option to one day be of reprocessing in order to, for exam- a plot to assassinate a foreign ambas- able to enrich and then build a weapon, ple, provide domestic energy for nu- sador in Washington, DC—not in the you are probably willing to take one clear energy plants. Many countries in Middle East somewhere but here. They step back by agreeing to suspend en- the world have nuclear energy, but have an active cyber capability de- richment only to a certain level in ex- only a handful actually process it signed to attack, disrupt, and create change for the lifting of these sanc- themselves. Most decide to buy it al- acts of terror online. They have been tions, knowing that at some point—in 2 ready processed from abroad. years, 3 years, or 4 years—when the We have agreements and arrange- implicated, for example, in the bomb- world is distracted by something else, ments with countries all over the plan- ing of a Jewish center in Argentina. when something else is going on et that do that. Only a handful actu- There are few, if any, countries in the ally retain the capacity to reprocess it world that more actively support ter- around the planet, you can then decide or to enrich uranium or reprocess plu- rorism than the Government of Iran. to come up with any excuse to build a tonium. So when we see a country an- So this is with whom we are dealing. weapon. One of the reasons I know that is nounce they are going to invest money, As a result, the international commu- their strategy is because it is exactly time, and energy in developing a re- nity, through the United Nations, im- processing or an enrichment capa- posed sanctions. Not only did they im- what the North Koreans did. The play- bility, that raises red flags, and here is pose sanctions, they imposed the re- book has already been written. They why. Because while you only need a quirement that they immediately sus- would engage in these ongoing negotia- certain level of enrichment to be able pend and stop all enrichment and re- tions, on again, off again, all designed to provide nuclear energy for peaceful processing capabilities. We can imag- to buy time. purposes, and a little bit higher level in ine why the neighbors of Iran are con- Why does a government like Iran order to use it for medical isotopes, the cerned. It is not just Israel that is con- need or want a nuclear weapon? And exact same scientists, the exact same cerned. Ask the Saudis, ask the Turks, they do. It is pretty straightforward. machines, the exact same facilities are ask any number of the other countries No. 1, because of deep historical rea- the exact same ones that can also re- in the region. sons, they desire to become the domi- process or enrich to an even higher Recently, the President and this ad- nant power in the Middle East, to drive level to use in a weapon. ministration have begun to undertake not just the United States but other The story of Iran has been, over the conversations with Iran about this pro- nations out of the region and diminish last few years, to increase their enrich- gram. Their hope is that we can get everyone’s influence at their expense. ment and reprocessing capabilities. Iran to a place where we can lock them The other is because they view a That in and of itself raises red flags. in; where they, in exchange for the weapon as the ultimate insurance pol- Adding to that uncertainty and con- loosening of these sanctions, agree not icy. They don’t want to be the next cern about it has been the fact they to do certain things. Muammar Qadhafi; they want to be have tried to hide most of this. Con- I don’t know of anyone here who North Korea so they can now act with sistently, Iran has been found to have would not love to wake up to the news impunity, so they can do anything secret development projects ongoing tomorrow that the Supreme Leader in they want against us or anyone in the that they only admit to once they are Iran has decided to abandon the reproc- world because no one could possibly at- discovered. They take a tremendous essing and enrichment capability and tack them because they have nuclear amount of effort to hide it from the to truly show that all he is interested weapons. world. That begins to raise red flags, in is domestic energy for peaceful pur- I have heard stories about, well, we because if it is truly just a peaceful poses. The problem is that is not what will know; we will be able to see this program, there would be no reason to is happening. I believe what is hap- happening before it happens and do hide it or to hide their capabilities. But pening is the United States, through something about it. But look at Paki- Iran has consistently hidden them. the State Department and this admin- stan and India, which was a surprise to There is even more reason to be con- istration, de facto, is already—but if everybody, particularly India’s capa- cerned. In addition to increasing their not, is on the verge of—agreeing to bilities. It is not outside the realm of capacity to enrich and reprocess, Iran allow Iran to keep in place its enrich- the reasonable to believe that at some is also developing long-range missile ment and reprocessing capabilities, and point one day we will wake up to the capabilities. A long-range missile—ba- I will explain why this is a problem. news that Iran has detonated a device sically a missile that can fly from Iran If that capability is still there, if and proven their capability. In fact, I 1,000 miles, 1,500 miles, 2,000 miles, 3,000 they retain all the facilities necessary have zero doubt in my mind that this is miles—costs a lot of money to develop. for enrichment and reprocessing, even where they want to go. It takes a lot of time to develop. if they agree to limit it to a certain What I find offensive in this whole You don’t spend time or money de- level for now, at any point in time in conversation is the notion by some in veloping those capabilities for purely the future they can ratchet it back up the administration that anyone who

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1153 feels this way or anyone who has they can get away with if they do have cost-benefit analysis. It tests their doubts or skepticism about these nego- a weapon. pain threshold economically. It forces tiations is warmongering. Beyond that, think about the risk it them to make a decision about whether I actually think the failure to impose poses to our allies in that region, and they want to continue to be isolated sanctions now will inevitably place a think about this: Think about the reac- from the world economically and future President—perhaps even this tion of other countries in the region to whether weaponizing is worth it. one—with a very difficult decision to the news. The Saudis are not going to If you put in place an interim agree- make, and that will be whether to go in stand by and watch Iran develop a nu- ment or a final one that allows them to and take military action to stunt or clear capability and not have one of retain the capability to enrich in the stall their weapons program because, their own. So I submit a nuclear Iran future, they will build a weapon. That make no mistake, a lot of damage has isn’t just one more country joining the is not a matter of opinion; in my mind, already been done. A lot of damage has nuclear weapons club; it can be as that is a matter of fact. Maybe this already been done to the sanctions that many as two or three more countries President won’t be here by the time were already in place. There is already eventually joining the nuclear weapons that happens, but someone is going to growing evidence that the amount of club in the most unstable region in the have to deal with that, and it is not revenue coming into Iran, the amount world, a place that has only had con- just the President; our country is going of business dealings coming into Iran flict, I don’t know, for 5,000 years. This to have to deal with that. I at a min- just simply on this talk about the in- is what we are on the verge of here. imum want to be on record today as terim deal has truly spiked. I appreciate the work diplomats making that point because if, God for- We also see it in their comments. The working in the State Department do. bid, that day should ever come, I want leaders of Iran—from the President, to There is a role for diplomacy in the it to be clearly understood that I, the Supreme Leader, to the chief nego- world, and the good news is that we can along with my colleagues, warned tiator—are not just bragging in Iran; negotiate agreements with most of the against it. they are bragging all over the world countries on this planet. But I think By the way, I think this opposition that they have agreed to nothing and diplomacy also requires us to under- to additional sanctions is part of a pat- the West has capitulated. stand its limitations. It is very dif- tern of flawed foreign policy decisions What we were told by the State De- ficult to negotiate settlements and on behalf of this administration, one partment is, well, that is only for do- agreements with governments and indi- that has largely been built on the false mestic consumption; they are just say- viduals who don’t ever feel bound by assumption that our problems in the ing that to be popular at home and to them, who see them as one-way streets, world were caused by an America that appease the radicals within Iran. who see them as tactics and vehicles to was too engaged, too involved, too By the way, the term ‘‘radical’’ is an buy time. That is what we are dealing opinionated, was providing too much interesting term when applied to Iran. with. leadership and direction, when, in fact, All the leaders in Iran are radical; it is The other part we forget is that in the opposite is now true. just degrees of radicalism. some parts of the world and with some Many of the conflicts happening But to get back to the point I was governments on this planet, the lan- around the world today are a result of making, we hear the comments they guage of diplomacy is viewed as a lan- the chaos left by this administration’s make in Iran—bragging how they have guage of weakness. It becomes an invi- unclear foreign policy. Many of our al- won, how they snookered the West, tation to become aggressive or miscal- lies openly question—and I can tell you how they agreed to nothing, how every- culated. from my travels that privately they thing they were doing before is going I don’t know of anyone in this body strongly question—whether America’s to move forward—and we are told: Just who is looking to get into another war assurances remain viable and whether ignore that. They are just saying that or armed conflict. That is not what we can continue to be relied upon in for domestic political considerations. Americans are all about. If we look at the agreements we have made in the That is not true. In fact, the Su- the story of the conflicts we have been past to provide collective security for preme Leader himself, the Ayatollah, engaged in, almost all of them involved ourselves and our allies. has announced that these talks are a reluctant nation having to get in- When you leave a vacuum, it is going going to lead to nowhere. He is not volved for geopolitical purposes, be- to be filled. What it is being filled by going to interfere, but they are going cause we were trying to stem the right now are some of the most tyran- nowhere. growth of communism, because we nical governments on the planet. Look This is a transparent effort. All you were attacked in Pearl Harbor. That is at what happened with Moscow over have to do is open your eyes and see not who we are. That is not who we the last 5 years. Moscow viewed the what they are doing. All they are doing have ever been. Americans aren’t into whole reset strategy of the United is buying time. All they are doing is that. What we want to do is live happy States under this President not as an looking to relieve as many sanctions as lives and raise our families in peace. opportunity to engage us but as an op- possible without giving up anything We want to be able to sell to and buy portunity to try to get an upper hand they can do in the future or are doing from other countries. We want a peace- on us. now. For a deal such as this to work, ful world we can partner with for busi- Look at what has happened in the you have to rely on all sorts of verifi- ness and culture. Asia-Pacific region where the Chinese cation systems with a government that But I also think it is important to regional ambitions to drive the U.S. has made a specialty out of hiding understand that when mistakes are out have grown exponentially, as have their intentions and programs in the made in foreign policy, it is a lot hard- their capabilities. Meanwhile, our part- past. er to reverse than when they are made ners in the region, while they welcome The reason we see the push for the in domestic policies. If we pass a bad the rhetoric of a pivot, question wheth- additional sanctions to be put in place tax bill, we can always come back and er we will have the capability to carry is because at least 59 of us in the Sen- pass a new one. If we make a mistake— it out. ate—and I suspect many more who as this body did by passing Certainly in the Middle East an inco- haven’t lent their names to this effort ObamaCare—we can always come back herent foreign policy with regard to yet—recognize that we cannot afford to and repeal it. If we make a mistake in Syria left open an ungoverned space be wrong about this because a nuclear domestic policy, we can always come where foreign jihadists have poured Iran would be one of the worst develop- back and reverse it somehow. It is not into that country and have now basi- ments in the world in a very long time. the same in foreign policy. Once there cally converted entire parts of Syria as In addition to being able to hold the is a nuclearized, weaponized Iran, it the premier operational space for glob- region hostage, in addition to now will be quite difficult to undo, and so al jihadists to train and operate. being able to act with impunity—they are all the things it will lead to. Now Iran. The situation in Iran, to don’t have a weapon now, and they try Let me also say that additional sanc- use a colloquial term, is freaking out to assassinate Ambassadors in Wash- tions are no guarantee that they will all the other countries in that region ington, DC. Imagine what they think never get a weapon, but it changes the who have no illusions about who Iran

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1154 CONGRESSIONAL RECORD — SENATE February 26, 2014 truly is. They know exactly who these men and women in uniform of these weeks ago—were placing a real burden people are, and they are baffled at how United States—our sons, our daugh- on Iran’s economy. the most powerful and informed gov- ters, our neighbors, our friends, our Now that the administration has ernment on the planet doesn’t realize mothers, our brothers, our sisters, and eased the sanctions on Iran, Iran is in what they realized a long time ago— our fathers—whom we will ask, as we a significantly stronger position. Not that you are not dealing with a respon- always do, to go solve the problem for only have they received the first $500 sible government here with Iran. You us. But if we put in place sanctions million in unfrozen assets, but they are dealing with a nation that openly that clearly articulate and lay out the have also reaped considerable collat- supports terrorism as a tool of price they will have to pay to continue eral benefit. statecraft, that openly has shown that with these ambitions, we may be able Iranian President Rouhani recently they want to develop a nuclear weap- to delay that, and even prevent it; oth- tweeted: ‘‘You are witness to how for- ons capability so they can become un- erwise, that day will come. This piper eign firms are visiting our country; 117 touchable and the dominant power in will be paid, and I hope the price will political delegations have come here.’’ that region. not be so high. I fear that is where we The Dutch ambassador to Iran If we don’t put in place a mechanism are headed. We are on the verge of tweeted in mid-January that he par- for additional sanctions to take place, making an extraordinary geopolitical ticipated in ‘‘speeddate sessions to I submit that the negotiation that is blunder that will be very difficult to meet business[es] interested in Iran.’’ going on with the Iranians will become undo or reverse once it is already China has emerged as Iran’s top trad- irrelevant. By that point, even if you made. ing partner with nonoil trade hitting wanted to impose more sanctions, it All we are asking is to have a vote on $13 billion over the past 10 months, ac- would be impossible to do because so this issue. This matters enough to the cording to Iranian media. many other countries will have re- American people. This matters enough According to documents seen by Reu- engaged with commercial transactions to the safety and future of our children ters, Iran has signed a deal to sell Iraq with Iran. You are not going to be able and future generations. This matters arms and ammunition worth $195 mil- to put this genie back in the bottle, enough to the world. It deserves a full lion—a move that would break the U.N. and the genie is already halfway out. debate, and it deserves a vote. embargo on weapons sales by Tehran. I hope we will take this more seri- If you are against it, you can vote What could a reenriched Iran offer ously, but at a minimum I ask this: against it. If you are against it, you Venezuela, given that the joint plan of Why can’t we vote on it? If we are can debate against it. We want to hear action that has enabled this economic wrong, debate us on it. But why can’t their arguments and thoughts. Why detente has done nothing to reverse we vote on it? Since when has the Sen- can’t we vote on it? It deserves a vote. their nuclear program. The answer is ate become a place run by one person It is that important. chilling. The longstanding commercial on a matter of this importance and I yield the floor. ties between Iran and Venezuela, not to magnitude? Since when has the Senate The PRESIDING OFFICER (Ms. mention their mutual hatred for the become controlled by one person’s BALDWIN). The Senator from Texas. United States, raise the specter that opinion? Mr. CRUZ. Madam President, I ask should Iran acquire nuclear weapons Are you telling me that the people of unanimous consent to speak as if in technology, it might be inclined to Florida who I represent do not deserve morning business. share it with Venezuela, which would the right to be represented and heard The PRESIDING OFFICER. Without then act as a surrogate threat to the as much as the people of Nevada or any objection, it is so ordered. United States in our own hemisphere. other State? Are you saying that on an Mr. CRUZ. Madam President, I rise issue of this importance, one individual to commend the words of my esteemed We need to act immediately to reim- should have the power to basically say colleague, the junior Senator from pose sanctions on Iran and stand un- we will have no debate when 59 Mem- Florida, who has just spoken power- equivocally against Iran acquiring nu- bers of this body—in a place where it is fully about the threats facing our Na- clear weapons capability. I am sorry to tough to get 51 votes on anything— tion. On Monday evening he spoke pow- say there is one reason—and one reason have expressed the strong opinion that erfully on the Senate floor about the only—that we have not done so, and they favor this? brutal human rights abuses that have that is because the senior Senator from Why can’t we have this debate? Isn’t been endemic in communist Cuba over Nevada has been single-handedly that what the Senate was designed to the past 50 years, and the sad reality blocking the Senate from voting on a be, a place where the great issues of that Cuba is playing a leading role in bipartisan bill on Iranian sanctions. our time could be debated and flushed the repression of the opposition pro- Given the broad bipartisan support in out before the eyes of the American tests that are currently taking place in both Chambers, both the senior Sen- public and the world? Venezuela. ator from Nevada and the rest of the What we are consistently told is we I commend the sentiments of the Democratic leadership need to be held can’t have this debate and we’re not Senator from Florida, and I offer a few accountable for this obstruction and going to do it. Why? Why can’t we de- additional thoughts of my own on this standing in the way of defending U.S. bate this? This is important. Its impli- important topic. national security interests and stand- cations will be felt by people long after Brave Venezuelan protesters persist ing in the way of defending our friend we are no longer here. I hope more at- in crowding the streets in Caracas, San and ally, the Nation of Israel. tention is paid to this. Cristobal, Merida, and Valencia despite As alarming as the increasing col- Let me just say that I understand the the detention, torture, and murder of laboration is between Iran and Ven- frustration. A piece of legislation is their compatriots in recent days. They ezuela, there is no country that has a filed on behalf of veterans, and the Iran are not alone. They have been joined greater stake in preserving the status issue comes up. But we are running out by darker figures, representatives of quo in Venezuela than communist of time. This is the only mechanism Hezbollah, Iran, and Cuba, all of whom Cuba. Over the 15 years of Hugo that exists to have this debate. have a vested interest in propping up Chavez’s rule, Venezuela and Cuba have I would argue that it actually is rel- the increasingly authoritarian socialist engaged in a mutually parasitic rela- evant because it is our men and women regime of Nicolas Maduro. The appear- tionship in which Venezuela has ex- in uniform we are going to turn to— ance of the Iranians, and their ported free oil to Cuba and imported when this thing ends up the way I Hezbollah agents in Venezuela, is con- the repressive apparatus of a police know it will—and ask them to take cerning, but it should not be sur- state that Raul and Fidel Castro have care of this problem. prising. carefully nurtured other the last 50 If in the end these negotiations fail, Iran has long maintained one of its years. and I tragically have to say they are largest embassies in Caracas, where it Following the collapse of the Soviet destined to fail, and Iran retains their has been able to exploit the Venezuelan Union in 1992, many former Soviet sat- enrichment capability and eventually financial system to evade the inter- ellites have moved towards freedom develops a nuclear weapon, it is the national sanctions that—up until a few and prosperity promised by closer ties

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1155 to the West—some even joining the his- years ago, 22 percent of the population tential by offering a bilateral invest- toric NATO alliance. But Cuba, trag- thought the economy was getting ment treaty that would cover the en- ically, has remained mired in the com- worse and 41 percent thought it was ergy sector. Such an arrangement munist past in no small part because getting better. In 2013, those numbers would protect American companies Chavez provided the economic lifeline reversed, with 62 percent believing it eager to invest in Venezuela and, at that sustained the Castro brothers’ was getting worse while only 12 percent the same time, modernize facilities and brutal oppression. believed it was getting better. These increase production of crude—which, I While some hoped that after Raul numbers suggest there has been a sea might add, can be refined at the CITGO Castro replaced his brother in 2008, a change in how the majority of Ven- facilities in Corpus Christi, TX—result- new era of moderation might dawn, the ezuelans see their situation. These pro- ing in gasoline and other refined petro- opposite has occurred. Despite minor tests are different, and it is little won- leum products that can be sold on the cosmetic reforms largely targeted to- der that so many have taken to the open market for the benefit of the Ven- ward beguiling the Western media streets to demand something better. ezuelan people, not given to Cuba to rather than helping the Cuban people, America should stand with the pro- prop up the Castros. Which is the bet- the Castros have consolidated their testers. America should stand on the ter deal for the Venezuelan people: hav- control of the island with a significant side of freedom. America has a tradi- ing them receive the benefits of the uptick in human rights abuses. tion for centuries of presenting a clar- bounty God has given that country in Last year I had the opportunity to ion voice for freedom because every the open market, receive freedom, re- visit and interview two Cuban dis- heart yearns to be free across the ceive material blessings, or have in- sidents to help provide a forum for globe, and the United States should stead their oil given to Castro to fuel them to tell their stories. They de- unapologetically defend freedom. the repressive policies that are inflict- Maduro appears to understand the scribed the oppression as ‘‘Putinismo.’’ ing misery on so many millions? threat of his people demanding free- That said it was following the strategy This is a dangerous and unsettling dom, but the unprecedented scale of his of Russia’s President Putin, appearing moment for Venezuela, but it is also a crackdown on the protesters has large- on the outside to make cosmetic re- moment of great opportunity. Almost ly been masked from the rest of the forms while brutally repressing the exactly 1 year ago, the Obama adminis- world by a heavy veil of Internet and people at home. That is what is hap- tration had a chance to push strongly media censorship designed to simulta- pening in Cuba. for reform in Venezuela, when Chavez neously disable the opposition and to The Castro playbook includes tar- was on his deathbed. Instead, the mask the scale of their oppression from geting family members of the opposi- Obama administration opted not to the outside world. Some ingenious rem- tion, brutal attacks and even murder, rock the boat, in the hopes that edies have emerged, including Austin, as well as keeping inexorable control Chavez’s hand-picked successor would TX’s, own Zello—a direct messaging over communications in and out of prove more susceptible to diplomatic service that allows members to com- outreach, that he might not follow Cuba. municate freely either privately with An American citizen, Alan Gross, was Chavez. These hopes are apparently ev- individuals or over open channels that thrown into prison in 2009 for the crime ergreen, as just yesterday a State De- can support hundreds of thousands of of handing out cell phones to Havana’s partment spokeswoman announced users. Despite the best efforts of the Jewish population. Alan Gross should that they were open to closer engage- Venezuelan censors to block access to ment with the Maduro regime, saying: be released, and the United States Zello, the company has nimbly devel- ‘‘We have indicated, and have indicated should be calling for Alan Gross’s re- oped patches and work-arounds to for months, our openness to develop a lease. maintain service to the some 600,000 In a tip to the information age, more constructive relationship with Venezuelans who have downloaded the heavy Internet censorship, among the app since the protests began. Venezuela . . . .’’ most repressive on the planet, blankets Zello is a shining example of how we Negotiating with tyrants and bullies the island to preempt the spontaneous can use our technological advantage to doesn’t work. The notion that our organization facilitated by social support those fighting for economic State Department could at this mo- media. and political freedom across the globe, ment extend yet another olive branch First Chavez, and now Maduro, have recalling our proud tradition of Radio to Caracas is exactly backward. This is learned these lessons well under the tu- Free Europe during the Cold War. Can the moment to point out that Maduro’s telage of agents from the Cuban intel- my colleagues imagine apps such as abuse of his fellow citizens is intoler- ligence services, and their work has Zello spreading to millions of Cubans, able to the United States; that if he been on grim display during the pro- to millions of Iranians, to millions of wants better relations with us, he tests that have taken place this month. Chinese, providing them the tools to should start by listening to the de- The death toll is now at 13, and climb- directly speak out for freedom? We mands of his own people. He should im- ing, as police bullets have taken the have other ways of supporting those mediately and unconditionally release lives of not only activists, but of stu- advocating for a more free and pros- Leopoldo Lopez, who is being held as a dents, innocent bystanders, and even a perous Venezuela, such as supporting hostage at the mercy of an authori- beauty queen. the sort of liberal economic reforms tarian state. He should lift the cloud of Maduro’s agents have also borrowed Mr. Lopez has proposed. censorship that he is using to isolate the tried-and-true Castro tradition of Given the remarkable natural re- Venezuelans from each other and from summarily detaining opposition lead- sources Venezuela has enjoyed, it is ri- the rest of the world, and the United ers, including Leopoldo Lopez who diculous—it is tragic—that the econ- States should do all it can to help the helped organize the protests. But Mr. omy has been so mismanaged that citi- people of Venezuela as they choose a Lopez’s real crime has been to propose zens face a chronic shortage of basic different path—a path of freedom and an alternative to the socialist catas- necessities. But this situation is not prosperity that will return this one- trophe into which Chavez and Maduro inevitable, and the United States is time enemy to their traditional role of have plunged this once prosperous na- uniquely poised to help. For the United our partner and friend. That is where tion, and to suggest that real economic States, Canada, and now Mexico, demo- the Venezuelan people want to be, and freedom is the only path out of the cratic, market-oriented energy produc- it is only their brutal leadership that is rampant inflation and chronic short- tion has been the foundation of what preventing it. ages that are making life in Venezuela we are beginning to call the American This is a time for American leader- intolerable. energy renaissance—and there is no ship to speak in defense of freedom. Recent polling by Gallup reveals a reason that Venezuela could not reap This is a time for the President of the dramatic shift in Venezuelans’ attitude these benefits if they reverse the so- United States to unequivocally stand toward the economy, as the socialist cialist policies that have destroyed against oppression, against totali- policies continue to depress growth and their economy. tarianism, and for the desire of the to worsen the lives of hard-working In this event the United States could Venezuelan people to be free and pros- Venezuelans. In 2012, just a couple of help Venezuela reach its full energy po- perous. That would benefit them, it

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The While the Obama administration is will bring the ayatollahs to the table, clerk will call the roll. still trumpeting the November 2013 Ira- and that is why we need to vote on new The legislative clerk proceeded to nian nuclear agreement as a diplo- sanctions as soon as possible, pref- call the roll. matic watershed, I remain deeply skep- erably this week, to demonstrate that Mr. CORNYN. Madam President, I tical and concerned that we threw an there will be serious consequences if ask unanimous consent that the order economic lifeline to the world’s leading Iran fails to uphold the Geneva deal or for the quorum call be rescinded. state sponsor of international ter- if it tries to delay indefinitely a final The PRESIDING OFFICER. Without rorism, even though the ayatollahs agreement. objection, it is so ordered. have shown no real willingness to I yield the floor and suggest the ab- Mr. CORNYN. Madam President, I abandon their decades-long quest for a sence of a quorum. wish to say something about the Iran nuclear weapon. Of course, were Iran to The PRESIDING OFFICER. The sanctions legislation that is contained achieve a nuclear weapon, there would clerk will call the roll. in the alternative bill of which Senator be a nuclear arms race in the Middle The legislative clerk proceeded to BURR has been the chief architect. East, dramatically destabilizing that call the roll. First I wish to speak briefly on what is already very volatile region of the Mr. GRAHAM. Madam President, I happening in the Ukraine. Late last world. ask unanimous consent that the order year, the country’s increasingly auto- So given that reality, along with for the quorum call be rescinded. cratic President, Viktor Yanukovych, Iran’s well-documented record of du- The PRESIDING OFFICER. Without refused to sign a trade agreement with plicity, I have joined with 58 other of objection, it is so ordered. the European Union after coming my Senate colleagues—Republicans Mr. GRAHAM. Madam President, I under strong pressure from Russian and Democrats alike—in sponsoring would like to be recognized for 10 min- leader Vladimir Putin. His refusal to new sanctions legislation. We have utes, if I could. sign the trade deal, coupled with the been ably led by the Senator from Illi- The PRESIDING OFFICER. Without government’s persistent attacks on de- nois Mr. KIRK and other leaders. It is objection, it is so ordered. mocracy and civil liberties, as well as something called the Nuclear Weapon Mr. GRAHAM. Madam President, growing fears of Moscow’s effort to Free Iran Act that would take effect if thank you. If the Presiding Officer turn Ukraine into a puppet state, and only if Tehran violated the Geneva would let me know when the 10 min- sparked massive street protests in the agreement. utes expire, I would appreciate it. capital city of Kiev. When the govern- In other words, this is a backstop to I wish to rise in support of Senator the negotiations that Secretary Kerry ment responded with violence, the situ- BURR’s alternative to Senator SAND- has had and that the President has ation rapidly spiraled out of control ERS’ veterans bill. We are having a con- pointed to, but amazingly the Obama until eventually President Yanukovych test here about how best to help vet- administration has taken the very bi- was expelled from office and forced to erans. There is a lot of bipartisan zarre position that the Democrats who flee. agreement over the substance of the are supporting this legislation—this It has been almost a decade since bill. The real difference is how to pay backstop legislation that would do Ukraine’s Orange Revolution captured for it, but there is one key difference. nothing to undermine the negotiations the attention and spirits of freedom In Senator BURR’s alternative, we have between the Secretary of State and lovers across the globe. Now the coun- the Iranian sanctions bill. I believe it other nations in the region—the Presi- try is once again at a crossroads. The is imperative for this body, the Senate, dent is now urging Democrats to stop decisions that are made in the days and to speak on sanctions against Iran be- supporting this important piece of weeks that lie ahead will determine fore it is too late. I hate the fact that backstop legislation, even though a whether Ukraine is allowed to flourish commanding majority of the Senate we have lost our bipartisan approach to as a pro-Western democracy or it is has indicated their support for it. this topic. forced to languish in corruption and In fact, the President has gone so far We have been together for a very authoritarianism as a Russian sat- as to promise a veto of this legislation long time as Republicans and Demo- ellite. if it reaches his desk. Of course, it is crats. We have had 16 rounds of sanc- It is time for the President of the not true, as the President argues, that tions since 1987, 9 U.N. Security Coun- United States—the Commander in this legislation would effectively sabo- cil resolutions since 2006 demanding Chief, President Obama—to remind the tage the Geneva deal. In truth and in the full and sustained suspension of all world where America stands in the on- fact, what it would do is provide, as I uranium enrichment-related and re- going battle between democracy and said, a backstop but reinforce what the processing activities and full coopera- dictatorship. It is time for him to President and Secretary Kerry are so tion with the IAEA. rethink the so-called reset policy that proud of in terms of what they have al- The United Nations, the Congress, in has done nothing but embolden Vladi- ready negotiated. If Iran follows an overwhelming bipartisan fashion, mir Putin and discourage Russian through, then this sanctions legisla- have been imposing sanctions in speak- human rights activists. It is time for tion would be of little force and effect. ing to the threat we all face from the the President to make absolutely clear I am not sure I understand the ad- Iranian nuclear program. Unfortu- that Russian meddling in the sovereign ministration’s concern. After all, if the nately, the bipartisanship has come affairs of Ukraine is absolutely unac- administration thinks Iran will follow apart in terms of whether we should ceptable. through on its Geneva commitments— have another vote. The bipartisan bill As for Putin himself, it is time peo- something I am personally skeptical that would reauthorize sanctions at ple everywhere see him for what he of—but if the President thinks they the end of the 6-month negotiating pe- really is: a brutal thug who epitomizes will follow through, then there is noth- riod has 59 cosponsors, 17 Democrats. corruption, repression, and dictator- ing to worry about. But if the adminis- We believe desperately—at least I ship. tration believes that Iran will fail to do—that the sanctions that have been Turning to another important issue, honor those commitments, then it so effective in bringing the Iranians to which is what is happening in Iran, just never should have made the deal in the the table are literally falling apart, a few months ago, after years of first place and it should have welcomed and I will have some evidence to show mounting sanctions and economic pres- this amendment, this piece of legisla- that. sures, it appeared the West had finally tion, this backstop sanctions legisla- But here is what Senator REID, the gotten the Iranian dictatorship’s atten- tion that would buttress what they majority leader, said on November 21, tion and it was literally on the ropes. have negotiated. 2013: But then, for some reason, we chose to I believe today what I have believed I am a strong supporter of our Iran sanc- let them off the hook and to throw for many years—that our only hope for tions regime and believe that the current

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Israel is not going to than doubled in January from a month designed to end their nuclear weapons pro- allow their fate to be determined by a earlier. China has emerged as Iran’s gram. We all strongly support these negotia- bunch of U.N. inspectors. If that is the top trading partner, with nonoil trade tions and hope they will succeed, and we only thing between the Iranian aya- hitting $13 billion over the past 10 want them to produce the strongest possible tollahs and nuclear weapons is a bunch months. U.S. aerospace companies are agreement. of U.N. inspectors, Israel will not stand talking about selling them parts. Thir- However, we are also aware of the possi- teen major international companies bility the Iranians could keep negotiations for that, nor should we. from succeeding. I hope that won’t happen, So when the Iranians demand the have said in recent weeks they aim to but the Senate must be prepared to move right to enrich, that tells you all you reenter the Iranian marketplace over forward with a new bipartisan Iran sanctions need to know about their ambitions. If the next several months. bill when the Senate returns after the they want a peaceful nuclear power The value of their currency has ap- Thanksgiving recess. I am committed to do program, they certainly can have it. preciated about 25 percent. Inflation just that. We need to control the fuel cycle. has been reduced substantially. In I will support a bill that would broaden the The interim deal has not dismantled other words, the interim deal is begin- scope of our current petroleum sanctions, any centrifuges. They have unplugged ning to revive the Iranian economy place limitations on trade with strategic sec- a few, but all of them exist, the 16,000 that was crippled by sanctions. The tors of the Iranian economy that support its international community is lining up nuclear ambitions, as well as pursue those to 18,000 of them. Here is what the Ira- that divert goods to Iran. nian Government has been openly say- to do business in Iran. The sanctions While I support the administration’s diplo- ing about the interim deal: against Iran are crumbling before our matic efforts, I believe we need to leave our The iceberg of sanctions is melting while eyes, and the Iranians are openly brag- legislative options open to act on a new bi- our centrifuges are also still working. This is ging about this. partisan sanctions bill in December, shortly our greatest achievement. The only way to turn this around is after we return. This is the head of the Iranian nu- to pass another piece of legislation The challenge of the majority leader clear agency. The Foreign Minister that says, we will give the 6-month pe- was to find a bipartisan bill that could said: riod of negotiations time to develop, but at the end of the 6 months, if we speak anew to sanctions. We are able The White House tries to portray it is basi- to do that. Senator MENENDEZ has been cally a dismantling of Iran’s nuclear pro- have not achieved a satisfactory result absolutely terrific, along with Senator gram. We are not dismantling any cen- of dismantling their nuclear program, KIRK, in making sure that sanctions trifuges, we’re not dismantling any equip- the sanctions will continue at a greater have worked. The Obama administra- ment, we’re simply not producing, not en- pace. tion deserves a lot of credit for keeping riching over 5 percent. Without that threat, without that the sanctions regime together and get- Pretty clear. This is the President of friction, we are going to get a very bad ting Iranians to the table. Iran, Mr. Rouhani, on CNN. outcome here. The administration says But the interim agreement that has So there will be no destruction of cen- that new sanctions will scuttle the deal been entered into between the P5+1 and trifuges—of existing centrifuges? and lead to war. I could not disagree the Iranians quite frankly is well short No. No, not at all. more. The lack of threat of sanctions, of what we need. My goal, and I think Another statement, another tweet: the dismantling of sanctions, the crum- the body’s goal—at least I hope—would Our relationship with the world is based on bling of sanctions is going to lead to be to dismantle the plutonium-pro- Iran’s nation’s interest. In Geneva agree- conflict. I do believe that if this body ducing reactor that the Iranians are ment, world powers surrendered to Iran’s na- reinforced that we were serious about building; not just stop its construction, tional will. sanctions until the program gets to but dismantle it; take the highly en- You could say this is all bluster for where the world thinks it should be, riched uranium that exists in Iran domestic consumption. But just keep then we would be reinforcing our nego- today and move it out of the country listening to what I have to tell you. tiating position. So to my Democratic colleagues and so it cannot be used for a dirty bomb or The Iranian Deputy Foreign Minister Democratic leadership, I am urging any other purposes. said of the interconnections between you, please, to let this bipartisan bill This is what the U.N. resolutions networks of centrifuges that have been go forward, if not in the Burr alter- have called for, removing the highly used to enrich uranium to 20 percent, native, bring it up as a separate piece enriched uranium that exists in great so that they can enrich only to 5 per- cent: ‘‘These interconnections can be of legislation. Let’s act now while we number from Iran to the international still can. I am hopeful we can avoid a community so it can be controlled; removed in a day and connected again in a day.’’ conflict with the Iranians. But the only and, last but most importantly is to way to do that—I ask unanimous con- dismantle their enrichment capability. So you are not dismantling anything. You are unplugging it. They can plug it sent for 5 more minutes. If the Iranians truly want a peaceful The PRESIDING OFFICER. Without right back in. Here is what has hap- nuclear power program, I am all for objection, it is so ordered. that. I do not care if the Russians are pened, the President of Iran again: Mr. GRAHAM. The only way to do jointly with us, that we build a nuclear We have struck the first blow to the illegal that is to make the Iranians under- powerplant in Iran to help them with sanctions, in the fields of insurance, ship- stand that they are never going to have ping, the banking system, foodstuffs and commercial nuclear power. We just prosperity and peace until they comply need to control the fuel cycle. There medicine and exports of petrochemical mate- rials. with the will of the international com- are 15 countries that have nuclear You are witness to how foreign firms are munity, which is give them a peaceful power programs that do not enrich ura- visiting our country; 117 political delega- nuclear power program, not a weapons nium, Mexico and Canada being two, tions have come here: France, Turkey, Geor- capability. Rather than us bending to South Korea being another. gia, Ireland, Tunisia, Kazakhstan, China, their will, they need to bend to ours, The point I am trying to make here Italy, India, Austria, and Sweden. simply because a disaster is in the is if you leave enrichment capability The French Chamber of Commerce making if Iran comes out of this nego- intact in Iran, the only thing pre- hosted a delegation to Iran after the tiation with their nuclear capability venting their abuse of that capability interim deal. The International Mone- intact. would be a bunch of U.N. inspectors. tary Fund says the Iranian economy If you allow the Iranians to enrich We tried this with North Korea. We could turn around due to the interim uranium, that is the final deal, where provided foreign aid and economic aid agreement. Prospects for 2014 and 2015 they still have an enrichment capa- and food assistance to control their nu- have improved with the agreement. bility, theoretically controlled by the

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I re- Iranians, Sunni Arab states are going tisan fashion, is let our allies and the quested to be a member of the Vet- to go down the same road. Then we are Iranians know that sanctions are going erans’ Affairs Committees in both marching toward Armageddon, I fear. to be in place as long as the nuclear Chambers because we made a commit- The last thing in the world we want to threat continues to exist. I hope the ment to take care of those who put do is allow the Iranians to enrich, tell- President will reinforce to the Ira- their lives on the line for our safety ing our allies they cannot. That will nians: Whatever problem I had in and ideals, and I believe in carrying lead to proliferation of enrichment Syria, I do not have with you. out the promise. throughout the Mideast, and you are I hope the Congress could send a mes- During my days as a Member of the one step away from a weapon. sage to the Iranians that we do not House of Representatives, my mom If you had to make a list of countries want a conflict, but we see your nu- would routinely ask me when I would based on the behavior that you should clear ambitions as a threat to our way see her: What have you done for our not trust with enriching uranium, Iran of life. While we may be confused about veterans lately? I was happy to talk would be at the top. For the last 30 what to do in Syria, we are not con- about the programs and services we years they have sown destruction fused about the Iranian nuclear pro- promoted, supported, and passed—and throughout the world, a state sponsor gram. We want a peaceful resolution. certainly in a very bipartisan way. of terrorism. They have killed our Sanctions have to be in place until we There is a long list of accomplishments troops in Iraq; they are supplying get the right answer. But if everything of which we can be very proud, from weapons to the enemies of Israel; they else fails, then we are ready to do what modernizing the GI bill so our veterans have been up to just generally no good. is necessary as a nation as a last resort can get the education they need to suc- Why in the world we would give them to use military force. I say that under- ceed in life after the military, to help- this capability I cannot envision. standing the consequences of military ing our veterans pursue their dreams of So the sanctions are crumbling. We force. It would not be a pleasant task. owning a business, to improving the see it before our eyes. The threat of But in a war between us and Iran, we medical services our veterans need for military force against the regime I win, they lose. They have a small navy, the wounds they have suffered while think has been diminished after the de- a small air force. I do not want war serving our country. Unfortunately, problems exist. In my bacle in Syria. Do you really think the with anyone. But if my options are to Arkansas office—and I think this is Iranians believe after the Syrian deba- use military force to stop the Iranians true of most congressional offices—we cle that we mean it when we say we from getting a nuclear weapon, I am have a number of dedicated staffers. In would use military force as a last re- picking use of military force. Because fact, we have three dedicated staffers sort? I do not want a military engage- if they get a nuclear weapon, then the who handle veterans-related issues. ment against the Iranians. I just want whole Mideast goes down the wrong They help cut through the redtape of their nuclear ambitions to end and give road. You would open Pandora’s box to the Department of Veterans Affairs to them a nuclear powerplant that is con- attack the Iranians. They could do get the care and attention our veterans trolled to produce power and not make some damage to us, but it would not last long. They lose, we win. If they get have earned. Last year, more than 40 a bomb. percent of the assistance we provided The Israelis will not live under the a nuclear capability, you have created to Arkansans that involved Federal threat of a nuclear-armed Iran. They a nuclear arms race in the Mideast and agencies focused on veterans’ issues. will not allow this program to stay in- you will empty Pandora’s box and put Israel in an impossible spot. Increasing funding doesn’t nec- tact, unlike North Korea, where the essarily mean we will have better out- South Koreans and the Japanese did So, my colleagues, we have a chance here to turn history around before it is comes. Take for instance the claims not feel they needed a nuclear program backlog. This is a huge problem im- to counter the North Koreans. too late. But the way we are moving regarding this negotiation with Iran pacting hundreds of thousands of vet- The Mideast is different. The Sunni erans nationwide. Even some of the Arabs will not be comfortable with an and the outcome, I have never been more worried about. I do not want to simplest claims are stuck in the proc- enrichment capability given to the Ira- ess. Since 2009, the number of claims nians. Israel will never accept this, be- allow the last best chance to stop the Iranian nuclear program to be lost pending for over 1 year has grown, de- cause it is a threat to the Jewish state spite a 40 percent increase in the VA’s unlike any other. So I will urge the through inaction. If we misread where Iran is actually budget. The most recent statistics for body, before it is too late, to take the going, it will be a mistake for the ages. the Little Rock VA Regional Office earliest opportunity to pass the bipar- I am urging the majority leader, if showed 7,663 total claims are pending. tisan legislation that would reimpose not on this bill, as soon as possible, to Nearly 54 percent have been in the sanctions if the agreement does not allow the bipartisan Iranian sanction process for more than 125 days. The re- reach a satisfactory conclusion in the legislation to come to the floor for de- gional office averages nearly 217 days next 6 months. bate and a vote. I think it can change to complete a claim. We have 59 cosponsors. If we had a history before it is too late. Thanks to the hard work and com- vote, I am confident we could get an I suggest the absence of a quorum. mitment of Arkansans who work at the overwhelming vote. It would be the The PRESIDING OFFICER. The VA, we are making progress on the right thing to send to the Iranians. It clerk will call the roll. backlog at the Little Rock office, but would tell the Western World: Slow The assistant legislative clerk pro- there is still work to be done for our down. The idea of giving this 6 months ceeded to call the roll. veterans. Take, for instance, the re- to continue at the pace it is going, it Mr. BOOZMAN. Madam President, I tired lieutenant colonel in Arkansas would be impossible to reconstruct ask unanimous consent that the order who is eligible for benefits he earned sanctions if we do not do it now. Six for the quorum call be rescinded. for his service in the military. He is months from now, if the deal falls The PRESIDING OFFICER. Without not receiving the correct pay. The De- apart, President Obama says he would objection, it is so ordered. fense Finance and Accounting Service impose sanctions in 24 hours. By then, Mr. BOOZMAN. Madam President, I approved his paperwork in August and the regime will have been broken. stand here as someone who is very in- sent it to the VA. It has been 6 months Western Europe will have been basi- terested in our Nation’s veterans. We and still no decision has been made. cally out of the game; they have a dif- owe the men and women who stood in This is an easy case, and it simply ferent view of this than we do. So the defense of our Nation the care and shouldn’t take that long. idea you can wait for 6 months and the services they deserve for the sacrifices Retired CSM Richard Green lives in damage not be done, I think is unreal- they have made for our country. Sherwood and has already received his

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1159 retirement benefits, but he filed for on the uniform and served their coun- tral bill. There is no cost with this. It benefits for his wife the month after try. They have put their lives on hold is simple, it is cost neutral, and it is an they married in October 2012. It took 16 for our country. They deserve to return overdue recognition of these individual months to process that paperwork— home to a country which is going to servicemembers who served bravely for much longer than he was used to dur- honor the commitments we have made our country. ing active military service when this to them and a country which will keep It is time we pass this bill so Vincent sort of paperwork was fixed within one the promises we have made, which is and hundreds and thousands of others or two paychecks. Every part of the why I have been very supportive of can receive the honor they deserve. claims process is overwhelmed and these individuals, especially in the con- Madam President, I yield the floor bogged down. text of the Comprehensive Veterans and I suggest the absence of a quorum. Paul Cupp from Fort Smith, AR, has Health and Benefits and Military Re- The PRESIDING OFFICER. The been working on his VA appeal since tirement Pay Restoration Act of 2014, clerk will call the roll. 2009. He was happy to get part of it ap- S. 1982. The bill clerk proceeded to call the proved in 2013, after 4 years of waiting. Many Senators are working to make roll. However, months later, he is still wait- this bill better and get it into a posture Mr. REID. I ask unanimous consent ing for his rating to get updated and to where it can pass the Senate. This is a that the order for the quorum call be see the actual benefits from that deci- commonsense bill which covers a broad rescinded. sion. range of topics which are important to The PRESIDING OFFICER (Mr. And the widows of our veterans are our veterans, and a lot of work is going BROWN). Without objection, it is so or- not exempt from this backlog. One Ar- on here behind the scenes. Sometimes dered. Mr. REID. Mr. President, this morn- kansan in her seventies has been work- when the American people visit the ing when I came to the Senate floor, I ing on her claim since 2005, and is still Senate or tune in to C–SPAN 2, they talked about how it is groundhog year, awaiting a decision on appeal. Nine sometimes see an empty Chamber. not ‘‘Groundhog Day.’’ What is going years is certainly unacceptable. They aren’t always aware of what is on here today is an example of what Instead of fixing the existing chal- going on in the back rooms, here and in has been going on with the Republican- lenges our veterans are facing through the hallways, with folks trying to work driven direction of this Congress for fully implementing what we have com- through a number of important issues, several years. mitted ourselves to, increasing ac- which is happening with this bill. What are we doing here today? Noth- countability and improving efficiency, I have an important provision in this ing. Under the rules of the Senate, clo- some of my colleagues think the best bill which I have been working on for a ture was invoked 99 to 0. The purpose way to tackle this is by expanding pro- while. I think it is going to have broad of that vote was to get on a bill. It is grams and increasing the responsibility support on both sides of the aisle, as a shame we had to even file cloture on of the VA. The problem is we are put- well as a number of military organiza- it, but we did, and that takes a couple ting more people in a system which is tions around the country, called the of days. Everyone should understand clearly overwhelmed and needs im- Honor America’s Guard and Reserve that after cloture is invoked, there is provement. Retirees Act. It is kind of a long name, 30 hours. It is a waste of time. This isn’t the fault of the VA, which but it is a very simple premise. Why are they doing that? Why are I believe is fully committed to meeting Under current law, the military defi- they causing this? Because they don’t all the demands our veterans and Con- nition of a veteran applies only to serv- want to legislate. They want to do any- gress expect from them. However, the icemembers who have served on Fed- thing they can to stop President VA can only do so much. As the num- eral active duty under title X orders. Obama from accomplishing anything. ber of veterans and the complicated na- This means that many of our service- BERNIE SANDERS, chairman of the members—most specifically our Na- ture of their needs increases, we must Committee on Veterans’ Affairs, has tional Guard members—who have not not pile on additional responsibilities dedicated his heart and soul to some- been deployed under proper orders are which overwhelm the agency. With the thing he, his committee, and the vet- falling short of this established cri- announcement by Senator Hagel of a erans community believes in—improv- teria. potentially significant drawdown in ing the lives of veterans. We have mil- To put this in perspective: I recently the military, many more individuals lions of people who have come home, received a letter from an Arkansas vet- will come into the VA system. and are coming home, from the wars in eran named Vincent. He served for While the bill before us has worth- Iraq and Afghanistan. They deserve a more than 20 years in the National while programs which I support and lot. Guard. He has protected our families have championed, we should not expect The legislation that is on this floor is from natural disasters such as Hurri- a massive mandate imposed on VA to terrific. It is supported by 26 different cane Katrina. He served our country by change the outcomes we experience. veterans organizations, including the protecting our borders in Operation We need a measured approach to largest, the Veterans of Foreign Wars. Jump Start. He served our Nation in changes. They must be done over time Here is what the commander of the Operation Desert Shield, Desert Storm, and include oversight to make sure our Veterans of Foreign Wars said earlier Enduring Freedom, and in Iraqi Free- veterans are receiving the attention today: dom. Yet he still doesn’t meet the mili- they deserve in a timely manner. American Legion National Commander Madam President, I yield the floor. tary definition of a veteran of the Daniel M. Dellinger said Wednesday— The PRESIDING OFFICER. The Sen- armed services. That is today— ator from Arkansas. Vincent isn’t the only one. There are Mr. PRYOR. Madam President, it is 300,000 National Guard and Reserve that sanctions against Iran have no place in servicemembers across the country a U.S. Senate debate over legislation that great to see my colleague from Arkan- aims to expand health care, education oppor- sas. We know Senator BOOZMAN tries who fall into this same category. My tunities, employment and other benefits for hard to help our veterans. I thank him bill, the Honor America’s Guard and veterans. for his public service and for focusing Reserve Retirees Act, would fix this. It I ask unanimous consent that his on our men and women, whether they would amend the military definition of complete statement be printed in the are in uniform now or who have served veteran to give Guard and Reserve re- RECORD. this country. tirees with 20 years of service the There being no objection, the mate- In the last few weeks I have talked honor of being called a veteran. And it rial was ordered to be printed in the quite a bit about veterans. We have had is an honor. It would allow these serv- RECORD, as follows: the veterans retirement cost-of-living icemembers to salute when the Star- COMMANDER: KEEP SENATE BILL FOCUSED ON fix and a few others which have Spangled Banner is played, to march in VETS brought me to the floor to talk about veterans’ parades, and be recognized as American Legion leader says no other this very important group of people. veterans by other veterans. issues need to be attached to legislation to In my State of Arkansas we have I know Members of this Chamber will improve health care, education, employment nearly 255,000 veterans. They have put ask, as they should: This is a cost-neu- and benefits for those who served our nation.

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WASHINGTON (Feb. 26, 2014).—American Le- not reading actual letters sent by any real pursuit of victory at any cost exact too high gion National Commander Daniel M. insurance company. a price? When does dishonesty distort democ- Dellinger said Wednesday that sanctions In other words, nothing about the ad is racy? against Iran have no place in a U.S. Senate true. Politicians, political parties or media that debate over legislation that aims to expand The response from the brothers’ organiza- fail to condemn these tactics, as well as health care, education opportunities, em- tion: ‘‘The viewing public is savvy enough to broadcasters that air these ads, and the con- ployment and other benefits for veterans. distinguish between someone giving a per- sultants who make them, are all complicit in ‘‘Iran is a serious issue that Congress needs sonal story and something that is emblem- the Kochs’ immorality. to address, but it cannot be tied to S. 1982, atic.’’ Mr. President, this is the truth. This which is extremely important as our nation A little editorial comment before I is the truth. What is going on with prepares to welcome millions of U.S. mili- continue with this op-ed piece: How these two brothers who made billions tary servicemen and women home from war. This comprehensive bill aims to help vet- about that for a response? That is code of dollars last year and attempted to erans find good jobs, get the health care they word for ‘‘we have a lot of money, and buy our democracy is dishonest, decep- need and make in-state tuition rates applica- we will run ads about anything we tive, false, and unfair. Just because ble to all who are using their GI Bill bene- want to run ads about.’’ you have huge amounts of money, you fits. This legislation is about supporting vet- I continue the column: should not be able to run these false, erans, pure and simple. The Senate can de- Were this an ad for Stainmaster carpet, a misleading ads by the hundreds of mil- bate various aspects of it, and that’s under- Koch product, Federal Trade Commission lions of dollars. standable, but it cannot lose focus on the guidelines would require the ad to ‘‘conspicu- They hide behind all kinds of enti- matter at hand: helping military personnel ously disclose that the persons in such ad- ties. It is not just their front organiza- make the transition to veteran life and en- vertisements are not actual consumers.’’ suring that those who served their nation in tion, Americans For Prosperity. They uniform receive the benefits they earned and That is from the FTC. give money to all kinds of organiza- deserve. We can deal with Iran—or any other Moreover, the FTC would require them to tions—lots of money. When you make issue unrelated specifically to veterans— either demonstrate that these results of billions of dollars a year, you can be, I with separate legislation.’’ ObamaCare are typical or make clear in the guess, as immoral and dishonest as A 99–0 vote in the Senate Tuesday cleared ad that they are not. your money will allow. It is too bad the way for a full debate on S. 1982, intro- Needless to say, the ad meets none of these they are trying to buy America, and it duced by Sen. Bernie Sanders, I–Vt., chair- requirements, thereby conforming to the man of the Senate Committee on Veterans’ legal definition of false advertising. is time the American people spoke out Affairs. The bill seeks to improve medical Not all Koch ads feature actors. Even those against this terrible dishonesty and and dental care offered by the Department of with real people, though, are not necessarily about these two brothers who are about Veterans Affairs, open 27 new VA clinics factual. Witness the attack on Rep. Gary as un-American as anyone I can imag- where access to care is now difficult, renew Peters (D-Mich.)— ine. the Vow to Hire Heroes Act that has helped Who, by the way, is running for the Mr. WICKER. Mr. President, does the some 70,000 veterans find jobs and receive Senate— Senator yield the floor? employment training, improve care for those Mr. REID. I sure do. who experienced military sexual trauma and in a Koch-funded ad featuring a Michigan leukemia patient. The PRESIDING OFFICER. The Sen- protect cost-of-living adjustments for future ator from Mississippi. military retirees. Everyone sympathizes with her struggle, Dellinger is the leader of the nation’s larg- as well they should. But neither her bravery HEALTH CARE est veterans service organization, the 2.4- nor her suffering makes the words she utters Mr. WICKER. Mr. President, I rise million-member American Legion. true. They aren’t. briefly this afternoon to join my col- In the ad, the patient claims, with Mr. REID. It goes into detail as to leagues in expressing deep disappoint- ObamaCare ‘‘the out-of-pocket costs are so ment with yet another decision by the how wrongheaded this is, that the Re- high, it is unaffordable.’’ The Detroit News publicans are trying to divert atten- reports the ‘‘ad makes no mention that [the Obama administration to undermine tion from an issue that is so very im- patient] successfully enrolled in a new Blue the health care options of millions of portant to the American people, and Cross plan where she’s been able to retain Americans. why their continued obstruction has her University of Michigan oncologist and As we all know, the President prom- been so detrimental to our country. continues to receive the life-saving oral ised, ‘‘If you like your health care plan, chemotherapy. . . . The ad also does not KOCH ADVERTIZING you can keep it.’’ But his law’s drastic mention that [her] health care premiums Mr. President, I can’t say that every cuts to Medicare and Medicare Advan- were cut in half.’’ tage are creating an impossible envi- one of the Koch brothers’ ads is a lie, The Washington Post’s Glenn Kessler did but I will say this: The vast majority the math. She saved $6,348 a year on pre- ronment for Americans to keep their of them are. Now, enough editorial miums. And because ObamaCare caps out-of- insurance plans or to keep their doc- comment. I am going to read verbatim pocket costs for plans at $6,350, she will be tors. Even more troubling is that funds a column that appeared in today’s The paying, at most, $2 more this year for her raided from Medicare will be spent on Hill magazine—newspaper, I should call care. the President’s flawed health care law. It’s hard to call that an unaffordable in- In particular, Medicare Advantage it—here on the Hill. It is entitled crease. serves more than 15 million American ‘‘Koch brothers’ ads shameful.’’ Let me If it were just these two egregious exam- senior citizens, including some 56,000 read this: ples, someone might suggest I’m picking on Mississippians. It is a program that Having a right is not the same thing as the Koch brothers. Now, I do not always being in the right. agree with the fact checkers, who are some- incentivizes market-based competition In some instances, we have the right to be- times wrong. But it is striking that and patient choice. These are two ele- have immorally. For example, the First PolitiFact reviewed 11 ads placed by the ments that have made it both popular Amendment gives some people, in some cir- brothers’ organization, and not a single one and successful. Nearly one-third of all cumstances, the right to lie. was rated ‘‘true’’ or even ‘‘mostly true.’’ Medicare patients voluntarily enroll in Let’s set aside for a moment whether the Nine were rated ‘‘false’’ or worse. this type of health care plan, and 95 billionaire Koch brothers have the right to So, I return to my original question. What- percent of Medicare Advantage mem- run a flurry of dishonest ads about ever their constitutional rights, are the bers rate their quality of care as ‘‘very ObamaCare and ask instead whether spend- Koch brothers right to degrade the Demo- ing millions of dollars to mislead and even cratic process with lies? Are they right to high.’’ lie to the American people is the right thing use tactics that are, by legal definitions, de- Independent reports show that sen- to do. ceptive and dishonest? Are voters choosing a iors will see their plans canceled. They There is no legitimate debate about the in- candidate due any less respect and honesty will see higher premiums and fewer tegrity of the ads. In Louisiana, the Kochs’ than consumers buying carpet? choices because of these severe cuts to political front group placed an ad that, to all We in the consulting profession— Medicare and Medicare Advantage. I appearances, features a group of Louisianans This column is written by a nation- have heard from health care profes- opening letters from insurance companies in- sionals in Mississippi who are con- forming them about the problems they face ally known pollster by the name of as a result of the Affordable Care Act. Mark Mellman— cerned about the law’s negative impact Except that, as ABC News has documented, We in the consulting profession need to ask on patient care. the individuals in their ad are not ourselves hard questions about where the I came to the floor earlier this week Louisianans. They are paid actors who are line is that we won’t cross. When does the to speak about the profound human

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That is ex- authority, I might add—will not fix the I agree that is an anecdote. But those actly what this bill will do. It will take damage. This is a law that just doesn’t are the kinds of things that we are not the priority away from our veterans work. holding the VA to account for. with service-connected disabilities to The solution is to repeal and replace One of the amendments I was going where they will fall further through ObamaCare with market-driven re- to offer to this bill was a very straight- the cracks. forms that empower Americans to de- forward amendment requiring every 6 The other thing in this section is— cide which health care options are best months that the VA publish, in both the only thing worse than them being for them. We can do better than this their hospitals—outpatient—and nurs- in the Affordable Care Act, which is law, and we owe it to the American ing homes the quality of their care, the what this is really specifically designed people to do so. mortality rates, the complication to do, is to take them out of the ex- Thank you, Mr. President. I yield the rates, the infection rates, the wait changes and put them into the VA. So floor and note the absence of a quorum. times in their emergency rooms, the what we are saying under this bill is, if The PRESIDING OFFICER. The wait times for a screening examina- you are a high-income, nondisabled clerk will call the roll. tion, the wait times for an endoscopy, veteran, and the only health care cov- The bill clerk proceeded to call the the complications associated with erage you have available to you is an roll. those, so veterans could actually see ObamaCare exchange, then you now Mr. COBURN. Mr. President, I ask and compare it to the private sector— qualify for VA services. unanimous consent that the order for every other hospital knows all this What is that about? What that is the quorum call be rescinded. The PRESIDING OFFICER. Without stuff and publishes it—so they can see about is moving to a single-payer, gov- objection, it is so ordered. and compare the quality of care. Be- ernment-run, totally government-run Mr. COBURN. Mr. President, I come cause we have an honor-bound commit- health care system. And this is about to the floor again to talk about—it is ment to offer care to those who have moving 16 million veterans—or the po- my understanding we are not going to offered to sacrifice their life and their tential of up to 16 million veterans—to be allowed to offer any amendments future for our freedom. that position. So the only thing worse again on a significant bill that spends But we are not going to be able to than being covered by the VA, where billions, tens of billions of dollars—to offer the first step in terms of account- veterans are waiting for weeks to see a talk about a couple of amendments I ability to the VA health system be- doctor and literally dying because of have. cause we get to offer no amendments. medical deficiencies, is being in an Af- My staff recently talked with some What if you knew—and this does not fordable Care Act exchange. veterans from Oklahoma, and I want to apply and I do not mean to denigrate This amendment would strike the ex- give you an anecdote that just hap- the whole VA system because there are pansion from the legislation, which pened. This is about VA care. This is a some great VA hospitals, but in your would ensure that the VA remains fo- lady, a 100-percent disabled veteran, area, where you have to go, if you cused on the service-connected disabled who has had knee replacements at a knew the quality was 20 or 25 percent and increasing the quality of care for VA hospital. She did not have one knee less than what you could get in your more than 6 million veterans currently replacement, she had two knee replace- own hometown, would you still go to a in the VA system. ments. And then she had two knee re- VA hospital? Should veterans not know I want to talk a minute about why placements on the other knee. whether they are getting a standard of we did that. We created the VA health If you look at the statistics of a knee care that equates to what they could care system for those who have a com- replacement having to be replaced, it is get in the private sector? They are not plication of their service—a complica- a very rare occurrence. But the fact going to know because that is nowhere tion of their service. that you would have two knee replace- in terms of the accountability of the Do we have a commitment, one, to ments, and both of them would have to VA system I talked about yesterday. ensure that those who have a complica- be replaced is unheard of. One of the other amendments I was tion from their service get the care we The story does not end there. The going to offer would be to strike sec- have promised them? story ends with the fact that during tion 301. The chairman of the com- I believe we do. Section 301 would her second knee replacement, they mittee yesterday referenced section markedly minimize that commitment broke her femur. So they had to put a 302. He was actually talking about sec- to those who have a complication from rod into her femur. When they put the tion 308 of his bill, not section 302 of their service. So how is it that we have implant in, she ended up with one leg his bill. But when you expand VA come about, that we have this great an inch longer than the other leg. health care to Priority Group 8—these big VA bill on the floor, without any The fact is that this all occurred at a are people who do not meet the income, oversight, aggressive oversight, on VA hospital. And it is unheard of that have no service-connected disability, holding the VA accountable to do what somebody who has a knee replacement and have no limited resources—to put it is supposed to be doing now—with a on one side would have to have another them into the VA health care system, 59-percent increase in budget since Oc- one done because of complications, and when we are not adequately treating tober 1 of 2009, and expand it and blow then have the other knee done, and the veterans who are eligible for serv- it to an area where we are going to have to have that knee redone because ice today in the VA health care sys- offer these same services, where we are of a complication. But then on top of tem, what you are really doing is tak- not meeting quality outcomes, we are it, as to the skill of the surgeon in ing away our commitment to care for not meeting timeliness outcomes, we terms of doing a second replacement those to whom we have already prom- are not meeting care outcomes, and we and having a rod, and then putting the ised care. So it is somewhat cynical are going to put that on the VA sys- wrong rod in, it creates a leg length that we would expand from 6 million to tem? discrepancy that can only be corrected a potential of 22 million people in a I would say the better way to honor now by her spending a significant system that is behind the curve al- our veterans who have a complication amount of money on an orthotic shoe ready. associated with their service is to hold on the shorter leg which, if you know The other thing that is important for the VA accountable through trans- anything about medicine, changes the that is the care for these veterans with parency of their quality. alignment of the spine, which causes nonservice-connected disabilities was Here is the other thing that has not tremendous arthritis in the spine of excluded from the VA’s priority group been studied, and we do not know the that patient. so the VA could focus—focus—its lim- answer to this. I certainly do not know

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Because we are not going to for providing excellent care and services to off if, in fact, we delivered that service spend it, we are going to spend it here veterans currently accessing the system. at a cost that is much less? and call that a pay-for. That is not a It goes on to say: But nobody has asked for those num- pay-for. It does not pass muster. It We all want what is best for the veterans bers. The VA cannot give those num- does not pass the budget point of order community, and many of the provisions in S. bers. The VA does not know those num- on it. Everybody knows that. 1982 are positive. However, ‘‘bigger’’ does not bers. So we are driving blind. We do not So what we ought to be doing, in- mean ‘‘better.’’ And the Sanders bill further know what it costs to do a total knee stead of having this bill on the floor, expands a VA system that is already over- in a VA hospital. We do know what it we ought to have a bill on the floor whelmed and cannot meet the current needs costs in Oklahoma City from every of veterans. Before overcommitting the De- that holds the VA accountable, that partment of Veterans Affairs and subjecting hospital. As a matter of fact, there is a creates transparency in the VA so that our veterans to more broken promises, Con- wonderful hospital in Oklahoma City everybody in the country, including gress should rally on legislation that keeps that advertises every price, all their the veterans can see outcomes, quality, the promises already made. complications, everything else out and cost. Finally, we ought to give the Yet another veterans service organi- there. They have people from all across veterans the freedom that they fought zation says: Reform the Veterans Ad- the country coming because they are for; that if they are deserving of this ministration. so much cheaper and so much better benefit, they ought to be able to get Dr. COBURN from Oklahoma, the Sen- than what people in the private market the benefit anywhere they choose, be- ator from Oklahoma, was talking can get done where they live. cause they are the ones who preserved about horror stories within the vet- Let’s see how VA cost and quality the rights and the abilities and the ca- eran’s facilities. So I say to my col- and outcomes compare to that. If you pabilities for us to experience the free- leagues: You know, the mistake here is really want to drive quality for our doms to make choices for ourselves. that we are not on the floor debating veterans, we have to have account- I yield the floor and suggest the ab- the reform of the VA and then debating ability in terms of how we spend sence of a quorum. any expansion. money, accountability in terms of the The PRESIDING OFFICER. The But the fact is that we look at edi- outcomes, accountability in terms of clerk will call the roll. torial after editorial of people who the quality, and accountability in The legislative clerk proceeded to have some contact with the VA. They terms of the service. call the roll. are saying: The last thing you should The other amendment that I have Mr. BURR. Mr. President, I ask unan- do is expand service. The last thing you would allow service-connected veterans imous consent that the order for the should do is use gimmicks to pay for it. who are driving hundreds of miles—in quorum call be rescinded. The last thing you should do is saddle my State—to get care with a pilot pro- The PRESIDING OFFICER. Without our kids with not only the debt for it gram which would allow them to go objection, it is so ordered. but the responsibility to uphold a anywhere they wanted, to their home Mr. BURR. Mr. President, I come to promise that might be impossible. town, to the next town over if it is big- the floor as the ranking member of the Let me speak a little further on some ger and has higher quality, rather than Veterans’ Affairs Committee as we con- of the things Dr. COBURN hit on. This is drive 200 miles to get their care at a sider S. 1982, the Sanders bill. I have about hospital delays, veterans dying VA hospital. We would cover it under been down to the floor several times, at VA facilities. I came down earlier— Medicare rates, since we do not know and I will not take up a lot of the Sen- and I might add right now that this is the cost ramifications of what we do at ate’s valuable time right now. But I do the stack of the Inspector General of VA clinics and VA hospitals, in terms want to cover some things that have the VA for 1 year, 1 year’s worth of in- of the total absorbed cost, but we do transpired since the last time I was on vestigations on VA facilities where know what the price would be if we had the floor today, when I read from an they made specific recommendations of Medicare paying. My learned opinion is editorial that was written by Con- changes that had to be made. that, No. 1, veterans would have access cerned Veterans of America. The group This dealt with the death of veterans. to care closer to home, probably im- was challenged by some of my col- It dealt with Legionnaire’s Disease. It proved quality, and most probably a leagues here as to whether it was a dealt with things as simple as more decreased cost for the Federal Govern- front group, whether this was a polit- than one patient using a disposable in- ment, i.e., the American taxpayers in ical front group. sulin pen—something meant for one pa- terms of meeting this honor-bound Let me assure my colleagues, it rep- tient that was used for multiple pa- commitment to our veterans. resents real veterans. But in an effort tients, exposing them to potential ill- If, in fact, you served this country, to try to debunk the belief that this is nesses. and one of the benefits of serving this just about one political group, I want If the question is, do we keep the country—and you have a service-con- to read some from another editorial promise of the quality of care to our nected disability associated with written by Stewart Hickey of veterans? And if that is not important that—is a promise of quality health AMVETS. Now, nobody can question enough, let me go to the veterans that care, why do we say you can only get it whether AMVETS is a legitimate vet- are in the system trying for the first in a VA clinic or a VA hospital? If you erans service organization. They have time to get a disability rating because served our country, why can’t you get been around for a while. I will be selec- of a service-connected disability. it wherever you want? I mean, you tive in my reading: The number of claims pending in served our country to preserve our While we agree the bill addresses many America right now is 673,000 veterans. freedom of choice, our freedom to do critical issues and recommends important These are individuals who have filed a and select what is best for us and our solutions for our veterans, we do not support claim with the Veterans’ Administra- interests. Why can’t a veteran have this bill for several reasons. First, it would tion, who are waiting in line for the de- that privilege that he or she fought for be morally irresponsible and fiscally un- termination to be made about what and put their rear ends on the line for? sound, given the historically volatile situa- percentage of those claims they will Why do we not avail them of the free- tion in Afghanistan, to hang the funding for approve. The number of claims that are dom that they sacrificed for? such robust legislation on any potential considered backlogged right now is Nobody will answer that question. ‘‘peace dividend.’’ Throwing more money— upwards of $30 billion, and taken from war 389,000 veteran’s claims. Nobody will come down and answer funds no less—at a failing department will Once a veteran receives a disability that question. Those are knowable an- only make matters worse. rating, if in fact they feel that the VA swers. They are moral questions. If you This kitchen sink-like bill also endeavors has come to the wrong conclusion as to sacrifice, should you not have the bene- to be all things to all veterans, and is very the percentage, they file an appeal. The

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The promise to veterans a determination by the VA specifically served who are still alive would be eli- was that we would provide them a or by the Court of Appeals to sort out gible for caregivers. quality of care that was unprecedented. their disability status. On occasion, he has pointed to the I am not sure there is a Member of The number of days to complete a wounded warrior program. I will read a this body who believes we can dump claim is 265 days. Let me say that letter the Wounded Warrior Project this population onto the Veterans’ Ad- again: 265 days to complete a claim. sent to the committee when this legis- ministration and that we can look any Right now, claims pending are 673,000. lation was being considered. veteran in the face and say: We kept The number of days for an appeal that They said: our promise to you. Yes, you may have is pending is 600 days—600. So let’s just More than 2 years after initial implemen- access, but it may be months from say of that 1 million claims that are ei- tation, VA still has not answered—let alone now. You may have the ability to go to ther pending or that have been ap- remedied—the problems and concerns that the VA, but we don’t have any room; pealed, which is 1 million veterans, the WWP and other advocates raised regarding there is no room in the inn. number of days to complete the claim the Department’s implementing regulations. These are all part of keeping your For example, those regulations leave ‘‘ap- on average took 265 days, and the num- peals rights’’ unaddressed (including appeals promises. ber of days for an appeal, on average, from adverse determinations of law); set un- I will go back to what the AMVETS was over 600. We are now at 800 days. duly strict criteria for determining a need editorial said, and I will end with that That is almost 3 years. for caregiving for veterans with severe be- because I see my colleagues here. I hope my colleagues are under- havioral health conditions; and invite arbi- Bigger is not necessarily better. standing what I am saying. We have a trary, inconsistent decisionmaking. Simply When I gave these statistics on back- severely dysfunctional Veterans’ Ad- extending the scope of current law at this logs of claims and appeals, these are ministration today. We have a popu- point to caregivers of other veterans would veterans who aren’t asking for bigger, inadvertently signal to VA acquiescence in lation of warriors who are coming out its flawed implementation of that law. We they are asking for better. They are of the battlefield in Afghanistan. They recommend that the Committee insist on asking us to sort out this system and are coming back from deployments. VA’s resolving these long-outstanding con- make it work in a way they deserve. They leave the service; they file for cerns as a pre-condition to extending the All we will do is exacerbate the prob- disability; they wait, they wait, they promise of this law to caregivers of pre 9/11 lem if, in fact, we pass S. 1982. wait, they wait. When they finally get veterans. I urge my colleagues, support the al- their disability claim and they are If there is one thing I have made per- ternative—if we are given the oppor- going to the VA, now all of a sudden we fectly clear yesterday and today, it is tunity to offer one. If not, then don’t are talking about dumping millions of that there is nothing in this bill that do this to our country’s veterans. Wait additional veterans into the line with reforms the VA. Look at any area of and let us reform the VA. That is our them. the legislation. There is no reform. Yet responsibility. That is our promise. My good friend and chairman Sen- editorials from service organizations, I yield the floor. ator SANDERS said: We can handle this letters from the Wounded Warrior The PRESIDING OFFICER. (Mr. because we have 27 clinics, outpatient Project—and they were, make no mis- BLUMENTHAL). The Senator from Mis- facilities in this bill that, under a lease take, behind caregivers. Their letter to sissippi. agreement, we are going to build out— the chairman said: Don’t do this until Mr. WICKER. Mr. President, are we 27 facilities. They are for the veterans it is fixed. in morning business? What is the pend- we have today. We don’t have enough Well, we are where we are. To suggest ing business? facilities to handle the current popu- that all veterans, all veterans organi- The PRESIDING OFFICER. The Sen- lation, and he said this could handle zations, all organizations that deal ator should be aware we are on the mo- the millions who are going to come in. with veterans are for this is just incon- tion to proceed to S. 1982. Let me remind my colleagues once sistent with the paper trail that exists, Mr. WICKER. With the Senate’s per- again that currently we have $14 bil- letters and editorials. mission, I propose to speak, along with lion worth of veterans construction un- There are two things that don’t go Senator MANCHIN, as in morning busi- derway. We appropriate about $1 billion away: one, the need to reform and, two, ness on another matter. a year. That is a 14-year backlog on the the promise we made to our country’s The PRESIDING OFFICER. Without construction of these facilities, and warriors. objection. none of the 27 leases that are in this We have to ask ourselves: Are we bet- PUERTO RICO STATUS RESOLUTION ACT bill will be ready in December 2014 ter off fixing the VA before we enlarge Mr. WICKER. I rise today to speak when the enactment of this legislation the population or after we enlarge the about a recently introduced bill regard- takes place. population? I can answer that. It is ing the future of Puerto Rico’s polit- There is one other area of massive tough to do now, and it is not going to ical status. Known as the Puerto Rico expansion other than to veterans with happen without congressional leader- Status Resolution Act, this legislation nonservice-connected disabilities, and ship. But if we expand the population, would call for an up-or-down ref- that is to a program called our care- dump it on a system that is physically erendum on Puerto Rican statehood, givers program. I am pretty passionate not capable of handling it, administra- excluding the option of Puerto Rico’s about this because I wrote the legisla- tively not capable of handling it, what current status of Commonwealth. The tion. My good friend Senator Akaka, do we say to those veterans who need President and Congress would have to who is no longer here, who was chair- the VA health care system and can’t proceed with legislation if statehood man of the Senate veterans’ com- get in to see a primary care doctor? receives a majority of votes. mittee, became a champion of it. Ear- What do we say to a person who needs I support Puerto Rico’s right of self- lier, I read Senator Akaka’s state- mental health treatment but can’t see determination. This is an issue I have ments on the Senate floor the day it a psychiatrist, can’t get in to be evalu- closely followed and been involved in was passed. He stated as clearly as any- ated, and doesn’t get the medication for the better part of two decades. Con- body ever has why we limited this to a they need? cern about the way we do statehood de- demonstration project, why we rolled I plead with my colleagues, don’t termination votes in Puerto Rico is an it out to a small group. Our intention make this mistake. There is an alter- issue that has crossed party lines in was that when the VA was fixed, re- native bill. It is taken from the Sand- the Congress. formed, and was capable of imple- ers bill. It is 80 percent, but it doesn’t I would say to my colleagues, Con- menting a plan that expanded the care- have the massive expansion. It doesn’t gress needs to make sure, at a min- giver program, we would do that but reform, but it really moves forward on imum, that any process used to meas- not a day sooner. some important issues. ure the intent of Puerto Rican voters is

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1164 CONGRESSIONAL RECORD — SENATE February 26, 2014 objective; otherwise, the outcome will rights, but it also distracts from the is- 470,000 Puerto Ricans who left the bal- be neither fair nor a meaningful test of land’s pressing economic and security lot’s second question blank would seem public opinion. That is why it is so im- concerns. to share my concerns as well. We need portant not to exclude the option of In conclusion, Congress and the a process with the support of all Puerto the current Commonwealth status. Obama administration should continue Ricans, regardless of their beliefs and The status resolution act does not to strengthen the partnership between political status. rise to the threshold of fairness or a Puerto Rico and the United States in Supporters of statehood argue about meaningful test of public opinion. constructive ways instead of encour- the constitutionality of different sta- There are two reasons: aging a shortsighted and flawed ref- tus options. Crafting a plebiscite, how- First, legislation has already been erendum. Puerto Rico faces economic, ever, which excludes all options except enacted that calls for a plebiscite on energy, and public safety challenges statehood, as the Puerto Rico status Puerto Rico’s political status. The 2014 that have a direct impact on the qual- resolution does, is not the solution. It omnibus already includes funding for a ity of life of its residents. Joint efforts is not the solution. plebiscite that would include all avail- to restore economic growth, modernize The 2014 omnibus includes funding able options for political status. Allow- energy resources, and reinforce strate- for a plebiscite that would be proctored ing Puerto Ricans the opportunity to gies for combating drug trafficking by the Department of Justice which choose a status besides statehood is in could have a big impact. I am encour- can authoritatively decide on the con- keeping with a recommendation from aged by proposed reforms, and I wish stitutionality of all possible status op- the White House Task Force Report re- the best to Gov. Garcia Padilla in the tions. Further, both those who are pro- leased in 2011. early days of his term in office. Commonwealth and those who are Second, the referendum proposed by I hope the Senate will not attempt to prostatehood have expressed support the status resolution act would have impose a solution from Washington, for this process. This is not true of the the same shortcomings as the plebi- DC, on Puerto Rican voters—a solution 2012 plebiscite nor the Puerto Rico sta- scite held on November 6, 2012. The re- that would be contrary to the public tus resolution. sults of that referendum were widely opinion of inhabitants of the island. Political status is not the only issue criticized, as well as the tortured bal- I am glad my colleague from West facing Puerto Rico. The Common- lot designed by the pro-statehood Virginia, who serves on the Energy and wealth has faced more than half a dec- party. Of the 1.9 million Puerto Ricans Natural Resources Committee which ade of economic recession and high un- who participated in the referendum, exercises jurisdiction over matters re- employment, as well as exceptionally only 834,191—or about 44 percent—fa- lating to Puerto Rico, has joined me on high utility costs and continued obsta- vored statehood. Only 44 percent fa- the floor, and I would now yield for cles to economic development. vored statehood. Close to half a million him—Senator MANCHIN—to comment As a former Governor I have great re- voters declined to respond to the sec- on a recent study by the GAO on Puer- spect for Governor Padilla and the ond question on the ballot, evidencing to Rico’s economy and the potential ef- challenges he is up against, which are their dissatisfaction with the choices fects of statehood. not unlike many of our own States in offered. We need to offer better choices. I yield the floor. our country. In meeting with Governor The percentage of statehood supporters The PRESIDING OFFICER. The Sen- Padilla, I have had the opportunity to has not changed significantly over the ator from West Virginia. hear directly about the enormous eco- past 20 years and certainly does not Mr. MANCHIN. Mr. President, I wish nomic difficulties he has tackled in his serve as an impetus for Congress to en- to thank my colleague Senator WICKER short time as Governor. tertain yet another admissions process for his longstanding concern about In my understanding the 2014 budg- now. Puerto Rico’s current status and how et—his 2014 budget for Puerto Rico— Elsewhere on the November 6 ballot they can govern themselves and work would significantly reduce the Com- that I referred to, public support was independently. As you can tell, this is monwealth’s projected deficit. General clear for the pro-Commonwealth Pop- a bipartisan concern we have and we fund expenses were down by nearly $200 ular Democratic Party and the election are working very closely together. million during the second half of last of pro-Commonwealth and anti-state- As Senator WICKER mentioned, the year and expected revenue is up. The hood candidate Alejandro Garcia Government Accountability Office is Governor has made these efforts with Padilla as Puerto Rico’s new Governor. currently working on a report that ex- the goal of having a balanced budget by In fact, the Commonwealth’s legisla- amines Puerto Rico’s economy and the 2015, something we could all work to- ture, as a result of that election, is now cost of admitting Puerto Rico as a ward and a goal I applaud. I understand controlled by the pro-Commonwealth State. I look forward to seeing the re- and have seen that progress is being party, as is the mayorship of San Juan, sults of that report. But in light of the made. the capital of the Commonwealth. fact we are still awaiting the GAO re- The Senate should do everything we Statehood advocates may attempt to port, in addition to a number of other can to encourage economic develop- manipulate ballots and election results reasons, I share Senator WICKER’s con- ment across our country, including in to support their preferred outcome, but cerns about the Puerto Rico Status the Commonwealth of Puerto Rico. We they do so at the expense of the demo- Resolution Act. need to work as partners in con- cratic process and the right of every On August 1 of last year, the Energy fronting its high energy costs, double- Puerto Rican to have a say in the is- and Natural Resources Committee, digit unemployment, and continuing land’s political future. which has jurisdiction over Puerto recession. As we support self-deter- The referendum process should be Rican issues, held a hearing on the po- mination, we should ensure our focus conducted in a fair and transparent litical status of Puerto Rico, where we on political status does not prevent us manner that reflects the true will of had the opportunity to hear from Gov- from addressing the immediate eco- the people. In the past, I have intro- ernor Padilla, Commissioner PIERLUISI, nomic needs of the Commonwealth of duced legislation that would recognize and the President of the Puerto Rican Puerto Rico. Puerto Rico’s right to convene a con- Independence Party Ruben Berrios. I I thank my colleague for the time to stitutional convention—a process that appreciated their willingness to openly join him in speaking on this important could help build consensus rather than discuss the ongoing status debate in issue and I look forward to his support advance the exclusive agenda of one Puerto Rico and their work with the of a fair and open process and to work- political party over the other. committee members on how to move ing with him on this issue. For Commonwealth supporters, Puer- forward. The PRESIDING OFFICER. The Sen- to Rico’s current status is instru- Similar to Senator WICKER, I support ator from Mississippi. mental to preserving the island’s rich Puerto Rico’s right to self-determina- Mr. WICKER. Mr. President, if I heritage and maintaining the author- tion. However, I have voiced my con- might, let me congratulate my col- ity needed to address specific needs. cerns that the 2012 plebiscite did not league from West Virginia on his re- The status resolution act not only has meet our democratic standards of fair- marks and in closing make three obser- the potential to trample on people’s ness and exclusivity, and more than vations.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1165 Despite the economic hardships of the next decade. All of this mandatory in persons related to labor migration in the region, the economy of Puerto Rico spending is completely offset not by the Kyrgyz Republic, and to establish a is the strongest of any of the Caribbean the overseas contingency operations— Tunisian-American Enterprise Fund. islands, and this has occurred under or OCO—but through more than $4.2 In 2011, $89.36 million was used by the Commonwealth status—the special re- billion in actual savings from programs National Guard to support the south- lationship that Puerto Ricans have within the jurisdiction of the Senate west border of the United States. with the United States as U.S. citizens Committee on Veterans’ Affairs. As a This year, $218 million in OCO fund- but with their separate identity on the result, CBO has determined that over- ing is being used for the TRICARE island. all mandatory spending—mandatory health care program. Secondly, I would point out that spending in this bill—will be reduced These are some of the ways in the some of the most vocal pro-Common- by more than $1.3 billion. past OCO funding has been used. I am wealth voices in this Congress are In addition to the mandatory spend- not here to argue about the wisdom of Puerto Rican Americans who happened ing, this bill authorizes $18.3 billion in any of those expenditures. Many of to have been elected to the Congress discretionary spending over the next 5 them may well be valid. What I will from the States, and they speak also years to improve the lives of our Na- say is the needs of our veterans are and have spoken also with authority in tion’s veterans and their families. also valid. If we can spend OCO funds favor of the Commonwealth concept As we know, there is no rule in the for the Guam Improvement Enterprise but also in favor of a fair and accurate Senate that an authorization of fund- Fund, I think we can use OCO funds to election. ing has to be offset. In essence, the dis- protect the interests of our veterans. Finally, I wish to just drive home a cretionary spending provisions in the Again, this expenditure is less than 2 point Senator MANCHIN and I have legislation we are debating today are percent of the savings from ending the made. On election day in 2012, 1.9 mil- just recommendations on how much wars in Iraq and Afghanistan. lion Puerto Ricans showed up to vote additional funding we believe is needed I have heard my friends on the other in that election. The pro-Common- for our Nation’s veterans. It will be up side of the aisle call this a budget gim- wealth candidate for Governor was to future legislation originating in the mick. I disagree. Republicans and elected, the pro-Commonwealth can- Appropriations Committee to approve Democrats in the House and Senate didate for mayor of San Juan was or disapprove these recommendations. have voted several times to count war- elected, and a majority of the legisla- In other words, the Veterans’ Affairs related savings as a reduction in the ture of the island that day turned out Committee is an authorizing com- deficit. to be pro-Commonwealth. mittee; the final decisions in terms of For example, virtually every Repub- As flawed as the plebiscite was, the expenditures are made by the Appro- lican in the House of Representatives fact remains, of the 1.9 million Amer- priations Committee. and Senate voted for the fiscal year ican citizens in Puerto Rico who Many of my Republican colleagues 2012 budget resolution, introduced by voted—who showed up to vote—only 44 have insisted even recommendations of Representative PAUL RYAN, which percent of them cast a ballot in favor new spending—spending which may counted $1 trillion in deficit reduction of statehood. That is a figure that can- never actually happen because it has to from ‘‘phasing down overseas contin- not be controverted: 1.9 million people go through the Appropriations Com- gency operations’’—not what I am say- showed up to vote—American citizens mittee—be offset. I have done my best ing, but what the Heritage Foundation in Puerto Rico—and only 44 percent of to listen to their concerns and have points out. them checked the box for statehood. come up with an offset which will not If the savings from winding down So as we go forward and as we imple- add to the deficit over the next decade. wars can be counted as deficit reduc- ment the provisions of the omnibus Specifically, the discretionary spend- tion, clearly we owe it to our Nation’s act, let us make sure that whatever we ing authorized under this bill is paid veterans to use a very small percentage do we have the facts, as Senator for by using savings from winding down of this fund to make their lives a little MANCHIN has pointed out, and also we the wars in Iraq and Afghanistan—oth- bit better at home. have a process to accurately reflect the erwise known as the OCO fund. CBO es- To me, placing modest caps on OCO— will of the Puerto Rican people. timates spending for overseas contin- overseas contingency operations—fund- I thank the Chair, I yield the floor, gency operations will total $1.025 tril- ing to pay for the most comprehensive and I suggest the absence of a quorum. lion over the next decade, so a little veterans legislation in a decade is a no- The PRESIDING OFFICER. The more than $1 trillion. Spending as a re- brainer. This money was always in- clerk will call the roll. sult of this legislation will be a tiny tended to assure the well-being and The assistant legislative clerk pro- fraction of that amount—less than 2 success of those brave men and women ceeded to call the roll. percent. who have served our great country. Mr. SANDERS. Mr. President, I ask OCO funds are designed, very broad- Finally, I think we should be very unanimous consent that the order for ly, to be used to fund war-related ac- clear: The cost of war does not end the quorum call be rescinded. tivities. In my view, it is totally con- once the last shots are fired and the The PRESIDING OFFICER. Without sistent with the goals of this funding last battles are fought. When members objection, it is so ordered. source to provide support for the men of the military lose arms, legs, eye- Mr. SANDERS. Mr. President, I have and women who have defended us in sight, come back with PTSD or TBI talked to a number of my Republican those wars. from fighting in wars which Congress colleagues, some of whom have ex- In recent years OCO funds have pro- authorized, we have a moral obligation pressed support for many of the provi- vided assistance to Syrian refugees, to make sure those veterans receive all sions in this comprehensive veterans and have helped the people of Haiti re- of the benefits they have earned and bill. Many of my Republican colleagues cover from a massive earthquake. Fur- deserve. When American soldiers die in say they would like to support the bill, ther, since 2005, the Defense Depart- combat, we have a moral obligation to but they have concerns about how it is ment has used OCO funding for make sure the spouses and children paid for and the issue of deficit—in- childcare centers, hospitals, schools, they leave behind are taken care of as creasing the deficit. So let me say a traumatic brain injury research, and best as we possibly can. word about this. orthopedic equipment. This speaks to the funding of this Unlike many expenditures, including In 2010, $50 million in OCO funds was legislation, and I hope we will have the wars in Iraq and Afghanistan, the used for the Guam Improvement Enter- strong support from all of our col- truth is this bill will not add one penny prise Fund. Last year, OCO funds were leagues. to the deficit. Let me repeat: This bill allocated to the following countries: Mr. President, I yield the floor. will not add one penny to the deficit. Egypt, Jordan, Kazakhstan, Kenya, The PRESIDING OFFICER. The Sen- The Congressional Budget Office—the Lebanon, Somalia, South Sudan, ator from Rhode Island. nonpartisan scorekeeper—has esti- Tajikistan, Tunisia, Turkmenistan, Uz- Mr. WHITEHOUSE. Mr. President, I mated that mandatory spending in this bekistan, and Yemen. Last year, OCO thank the distinguished chairman of legislation will total $2.88 billion over funds were used to combat trafficking the Veterans’ Affairs Committee for

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Mr. President, I ending a century of law. So much for otherwise—could pretend that cor- am here because every week the Senate fidelity to precedent. porate money just plain can’t corrupt is in session, now for 59 weeks, I give The conservative bloc then had to American elections, can’t do it, no my climate speech, hoping some day deal with the inconvenience that First way, no how—the conservative immac- sparks will hit tinder. Amendment doctrine actually allows ulate conception of corporate money. I could give a whole separate speech the government to regulate elections, Pretending that corporate money about the evil done by the Supreme to protect against either political cor- couldn’t possibly corrupt or even ap- Court Citizens United decision, and I ruption or even the appearance of cor- pear to corrupt American elections al- could give a separate speech about the ruption. lowed them to sweep away any interest gridlock which bedevils the Senate. So how do you take away the peo- of the people in keeping corporate cor- But this week’s climate speech will ple’s ability to restrain corporate ruption out of our politics and elec- touch all three—Citizens United, grid- money in elections when protecting tions. People don’t need to worry their lock, and climate change—to show how against corruption is a legitimate rea- little heads about corruption, they the three are connected. son for restraints on corporate money? said. Corporate money in elections is We fail here in this Senate to address What you do—and what they did—is de- immaculate and can’t corrupt. climate change because of the peculiar cide, by making a finding of fact, that Bingo. That got them where they gridlock in Congress. And Congress is corporations’ money would not corrupt wanted. We, the people, could no longer peculiarly gridlocked because of the elections or politics; indeed, that no limit corporate spending in our elec- evils of Citizens United. Our failure to amount of corporate money could even tions. As we have seen, the big money address climate change is a symptom appear to corrupt elections or politics. began to flood in. of things gone wrong in our democracy. So much for fidelity to the judicial Citizens United actually gets worse I have spoken before on the Senate rule which appellate courts, State or in its plain errors about how inde- floor about the Supreme Court’s Citi- Federal, are not supposed to engage in pendent corporate money was going to zens United decision, one of the worst fact-finding. be from candidates and how trans- and most disgraceful decisions ever This fact-finding about corruption by parent it was going to be whose money made by the Supreme Court, destined the conservative Justices caused an- was truly behind all of those negative to follow cases such as Lochner v. New other little inconvenience: The asser- ads. Independent? Transparent? Look York onto the ash heap of judicial in- tion that corporate money can’t cor- at the last elections. How did that famy. But we are stuck with it now. rupt politics is laughably false. This work out? Subsequent history shows Until the Supreme Court gets its bear- meant the conservatives couldn’t allow the falsity of that nonsense. ings back, their Citizens United stands. a factual record in the case. A factual Those contortionist justices com- In a nutshell, the Citizens United de- record, with testimony and evidence pletely ignored a big, important fact: cision says this: Corporations are peo- about such a ludicrous proposition, what big money can do, big money can ple; money is speech; so there can be no would have blown it out of the water. threaten to do or promise to do, and limit to corporate money influencing So they let the little, narrow Citizens there is going to be nothing inde- American elections under constitu- United case get all the way through pendent or transparent about those pri- tional principles of freedom of speech. the judicial process, including briefing vate threats and promises. The Citizens If that doesn’t seem right, it is be- and argument before them, and then United decision opened this avenue to cause it is not. To unleash that cor- they went back and changed the ques- corruption while pretending corruption porate power in our elections, the con- tion into a big one. was impossible. servative Justices had to go through This clever maneuver at the very end So on to the next step: How do the some pretty remarkable contortions: of the case guaranteed there would be evils of this Citizens United decision They had to reverse previous decisions no factual record developed on the new lead to the evils of gridlock? Look by the Court which said the opposite; and larger question. And that freed around. Look at who is scared of whom they had to make up facts which are their hand. and look at who is angry with whom demonstrably flat-out wrong; they had I should emphasize that this was a around here. to create a make-believe world of inde- third transgression. The first trans- Democrats and Republicans actually pendence and transparency in election gression was for conservatives to ig- get along pretty well—at least Demo- spending; and they had to maneuver nore their own constitutional theory of crats and most Republicans. We are their own judicial procedures to pre- originalism in getting to the ‘‘corpora- policy adversaries on many subjects, vent a factual record which would belie tions are people and money is speech’’ but Democrats and Republicans have those facts they were making up. It result. The second transgression was been policy adversaries for decades. was a dirty business, with a lot of signs violating the traditional rule that ap- Democrat versus Republican is old of intention, and it has produced evil pellate courts were not supposed to en- news. It doesn’t explain the new weird- results. gage in factfinding at all, let alone lu- ness around here. Let’s start with the contortions the dicrous factfinding. The third trans- Look at what you see. The real fear conservative Justices had to go gression was this maneuver with the and the real anger around here is be- through to uncork all that corporate question presented. tween the mainstream Republicans and money. They had to first make the leap As a general rule, when cases come to the tea party extremists. Look around. that corporations are people and a supreme court, State or Federal, the Ask around. Where do emotions run money is speech to ensure corporate court defines the ‘‘questions pre- high? Where are the shouting matches? money is protected by the First sented’’ by the case. This may not Where are the insults hurled? Where Amendment. They went a more circui- seem like a big deal, just something in are Senators heckled by their col- tous route, but that is where they the ordinary course, but it is actually leagues? The worst of it is not between ended up. And it is quite a leap when an important limit on judicial power Democrat and Republican, it is be- you think of how suspicious the Found- under our constitutional separation of tween tea party and Republican. ing Fathers were of corporations. powers. It is what prevents a supreme Who is being told how they can and There is no mention of corporations in court from roving willy-nilly into any cannot vote and what they can and the Constitution. So much for these question it wants any time. Courts cannot say? Who is being bullied and conservative Justices’ fidelity to have to wait until a case comes that punished when they don’t follow the originalism—a constitutional theory presents a particular question, and party line—the tea party line? Not

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1167 Democrats, Republicans. No one likes in their own lifetimes. We have Repub- The PRESIDING OFFICER. The being bullied. lican Senators whose home States are clerk will call the roll. Is it the irrefutable logic of tea party having to raise offshore bridges and The bill clerk proceeded to call the argument that scares regular Repub- highways before the rising seas. roll. licans? Is it the clear grasp by the tea We have Republican voters who actu- Mr. CHAMBLISS. Mr. President, I party of modern economic, cultural, ally get that climate change is real. It ask unanimous consent that the order and scientific realities that scares reg- is the tea party that has the deniers. for the quorum call be rescinded. ular Republicans? Is it the broad way Sixty-one percent of nontea party Re- The PRESIDING OFFICER. Without the tea party represents our great and publicans say there is solid evidence objection, it is so ordered. diverse democracy that scares regular the Earth is warming, but only 25 per- IRAN Republicans? Is it the keen political cent of tea partiers agree—a 36-point Mr. CHAMBLISS. Mr. President, I acumen of the tea party, say, shutting swing between Republicans and tea rise today to address the significant down the U.S. Government and darned partiers. and persistent national security threat near blowing the debt limit, that Republicans outside of Congress, im- stemming from Iran’s unchecked nu- scares regular Republicans? mune from the effects of Citizens clear program. I urge my colleagues to Those questions answer themselves, United, have actually supported a car- support the amendment to S. 1982 from don’t they? No. The thing that scares bon pollution fee so long as it is rev- the senior Senator from North Carolina regular Republicans is the big money— enue neutral and doesn’t add to big which includes provisions to strength- the big corporate money, the billion- government. You could actually lower en our sanctions against Iran should aire money—behind the tea party. other taxes with it. But Republicans in they fail to comply with their obliga- The Koch brothers, for instance, may Congress will now scarcely say a word tions under the joint plan of action. be a living cartoon of avarice, out to about climate change—not since Citi- Last November the Obama adminis- pollute even more and make even more zens United; not since that disgraceful tration, without sufficient consulta- money, but when the Koch brothers’ decision uncorked all that big, dark tion with Congress, committed to an big money comes in and bombs you in money and allowed it to cast its shad- interim nuclear agreement with the Is- a small primary election, it is pretty ow of intimidation over our democracy. lamic Republic of Iran. scary. When the paid-for rightwing at- So that is how Citizens United con- Under this agreement we are grant- tack machine turns on you in your Re- nects to climate change. ing to Iran over $7 billion in sanctions While our American democracy suf- publican primary, that can be pretty relief in exchange for their commit- fers and stalls, the evidence of climate scary. ments to decelerate their nuclear pro- change relentlessly mounts. The dam- So the gridlock comes when the Re- gram—commitments which will be dif- age will be done in our atmosphere and publican party will not work with ficult, if not impossible, to verify or oceans. The damage has already start- Democrats—not because we don’t make enforce. ed. sense and not because most Repub- In effect, we are delivering billions of I have to warn my colleagues that dollars in repatriated oil sales pro- licans don’t want to make sense but be- the denier machinery—the beast I de- cause they are scared of tea party at- scribed earlier this month—will ulti- ceeds, additional foreign trade, and tacks funded by Citizens United mately be shown for the evil apparatus currency—all in exchange for hollow money. of lies that it is. When that happens, promises of compliance with laws and That brings us to climate change. As there will be more damage to go U.N. Security Council resolutions they I have described in a recent speech, around. There will be damage to a should already be following. tens—perhaps even hundreds—of mil- party that allowed itself to be taken The stated U.S. policy, which Amer- lions of dark-money dollars are being over and silenced by that corrupt appa- ican Presidents have repeated for dec- spent. Is all that money being spent ratus, ignoring the plain facts in front ades, is to prevent Iran from devel- having any effect on Republicans? Just of their faces. oping a nuclear weapon. However, this look. There will be damage to a supreme agreement maintains Iran’s nuclear In this body we have Republican col- court that went through such peculiar weapons capability, and it allows Iran leagues who have publicly acknowl- contortions to let that dark money to continue to enrich uranium. edged in the past carbon-driven cli- loose, ignoring plain facts in front of Moreover, Iran will not be required mate change and have called for legis- their faces. We Americans, who hold to destroy any centrifuges and will be lative action. In this body we have a our lamp high to the rest of the world permitted to replace centrifuges that former Republican Presidential nomi- as a beacon of democracy, will have become inoperable. The pact does little nee who campaigned for President on some explaining to do about how we— to reverse Iran’s nuclear ambitions and addressing climate change. to the dismay of the rest of the world— sets a precedent for further sanctions In this body we have Republicans let our great democracy be stifled by relief in exchange for cosmetic conces- who have spoken favorably about greedy polluters, ignoring the plain sions. charging a fee on carbon, including the facts the world faces. Rather than easing effective sanc- Republican original cosponsor of a bi- The historian David McCullough tions, we should be tightening existing partisan carbon pollution fee bill. We spoke at the Library of Congress 2 sanctions until a better long-term deal have a Republican colleague who co- weeks ago about John Adams and can be reached. The United States sponsored climate change legislation America’s founding generation. He re- must take a strong stance to prevent a when he was in the House and another minded us that when those men signed nuclear-armed Iran. If they do not who voted for the Waxman-Markey the Declaration of Independence, they agree to roll back their nuclear pro- cap-and-trade bill when he was in the were signing their own death warrants. gram, then they should face stronger House. When they pledged their lives, their sanctions. In this body we have Senators who fortunes, and their sacred honor to this That is why I strongly support provi- represent historic villages now washing cause, it was not mere words. David sions in the amendment from Senator into the sea and needing relocation be- McCullough explained: ‘‘It was a coura- BURR that would incorporate key pro- cause of climate change and sea level geous time.’’ And look at us, our great visions of the Nuclear Weapon Free rise, and Senators who represent great democracy mired in polluters, lies, and Iran Act into the pending veterans leg- American coastal cities that are now money. islation. overwashed by the sea at high tides be- But I still believe this can be a coura- Mr. President, 58 of my Senate col- cause of climate change. geous time. As Americans have in the leagues have already signed on to this We have Republican Senators whose past, we can shed the shackles of cor- important freestanding legislation. home State forests—by the hundreds of rupting influence and rise to our duty. They and I agree that the Government square miles—are being killed by the It just takes courage to make this a of Iran continues to expand its nuclear marauding pine beetle, and Republican courageous time. and missile programs in direct viola- Senators whose home States’ glaciers I yield the floor and note the absence tion of multiple United Nations Secu- are disappearing before their very eyes of a quorum. rity Council resolutions. Iran has a

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1168 CONGRESSIONAL RECORD — SENATE February 26, 2014 demonstrated record of defiance and COMPREHENSIVE VETERANS erans’ Affairs with instructions to report will continue to work toward stock- HEALTH AND BENEFITS AND back forthwith with the following amend- piling weapons grade nuclear material, MILITARY RETIREMENT PAY ment No. 2767. sponsoring terrorism, and disregarding RESTORATION ACT OF 2014 The amendment is as follows: basic human rights. The PRESIDING OFFICER. The At the end, add the following: Given these facts, it only makes clerk will report the bill by title. This Act shall become effective 3 days sense that we take our own national The legislative clerk read as follows: after enactment. security and commitment to our allies’ A bill (S. 1982) to improve the provision of Mr. REID. I ask for the yeas and nays security seriously by passing expanded medical services and benefits for veterans, on that motion. sanction authorities, should Iran fail and for other purposes. The PRESIDING OFFICER. Is there a to uphold its end of the interim agree- AMENDMENT NO. 2747 sufficient second? ment. Mr. REID. On behalf of Senator There appears to be a sufficient sec- Equally important, this legislation SANDERS, I have an amendment at the ond. would give Congress the opportunity to desk. The yeas and nays were ordered. review and—if necessary—disapprove of The PRESIDING OFFICER. The AMENDMENT NO. 2768 any final agreement with Iran. clerk will report the Sanders amend- Mr. REID. I have an amendment to I am hopeful Iran will come to the ment. instructions at the desk. table with real, verifiable concessions The legislative clerk read as follows: The PRESIDING OFFICER. The in a final agreement on their nuclear EID clerk will report the amendment. program. However, hope is a poor na- The Senator from Nevada [Mr. R ], for himself and Mr. SANDERS, proposes an The legislative clerk read as follows: tional security strategy. amendment numbered 2747. The Nuclear Weapon Free Iran Act The Senator from Nevada [Mr. REID] pro- would set the proper framework for en- (The amendment is printed in the poses an amendment numbered 2768 to the instructions of amendment numbered 2767. suring Iran dismantles its illicit nu- RECORD of Tuesday, February 25, 2014 clear infrastructure, complies with all under ‘‘Text of Amendments.’’) The amendment is as follows: Mr. REID. I ask for the yeas and nays Security Council resolutions, cooper- In the amendment, strike ‘‘3 days’’ and in- on that amendment. ates with the International Atomic En- sert ‘‘4 days’’. The PRESIDING OFFICER. Is there a ergy Agency, respects human rights, Mr. REID. I ask for the yeas and sufficient second? and ceases to promote global ter- nays. There appears to be a sufficient sec- rorism. The PRESIDING OFFICER. Is there a ond. Furthermore, the Nuclear Weapon sufficient second? The yeas and nays were ordered. Free Iran Act implements President There appears to be a sufficient sec- Obama’s own policy. In his recent AMENDMENT NO. 2766 ond. State of the Union Address, he stated Mr. REID. I have a second-degree The yeas and nays were ordered. amendment at the desk. that he will ‘‘be the first to call for AMENDMENT NO. 2769 The PRESIDING OFFICER. The more sanctions’’ should Iran fail to up- Mr. REID. I have a second-degree hold the interim agreement. clerk will report. The legislative clerk read as follows: amendment at the desk. By passing this legislation, we are The PRESIDING OFFICER. The ensuring that the United States has The Senator from Nevada [Mr. REID] pro- poses amendment numbered 2766 to amend- clerk will report. the ability to further penalize Iran for The legislative clerk read as follows: its continued noncompliance. ment numbered 2747. Nevertheless, President Obama has The amendment is as follows: The Senator from Nevada [Mr. REID] pro- poses an amendment numbered 2769 to At the end, add the following: threatened to veto this legislation, fur- amendment numbered 2768. ther indicating his willingness to blind- This Act shall become effective 1 day after ly concede to Iranian rhetoric. enactment. The amendment is as follows: Now is not the time for this Nation CLOTURE MOTION In the amendment, strike ‘‘4 days’’ and in- to exhibit weakness. Now is our chance Mr. REID. I have a motion, cloture in sert ‘‘5 days’’. to demonstrate to Iran and to the nature, at the desk. CLOTURE MOTION world that we are serious about nu- The PRESIDING OFFICER. The clo- Mr. REID. I have a cloture motion at clear nonproliferation and compliance ture motion having been presented the desk. with international laws and obliga- under rule XXII, the Chair directs the The PRESIDING OFFICER. The clo- tions. clerk to read the motion. ture motion having been presented For these reasons, I strongly support The assistant legislative clerk read under rule XXII, the Chair directs the the Nuclear Weapon Free Iran Act as as follows: clerk to read the motion. presented in this amendment, and I CLOTURE MOTION The assistant legislative clerk read urge my colleagues to act swiftly to We, the undersigned Senators, in accord- as follows: pass this important measure. ance with the provisions of rule XXII of the CLOTURE MOTION I yield the floor and suggest the ab- Standing Rules of the Senate, hereby move We, the undersigned Senators, in accord- sence of a quorum. to bring to a close debate on S. 1982, the ance with the provisions of rule XXII of the The PRESIDING OFFICER. The Comprehensive Veterans Health Benefits and Standing Rules of the Senate, hereby move clerk will call the roll. Military Retirement Pay Restoration Act. to bring to a close debate on amendment No. The bill clerk proceeded to call the Harry Reid, Bernard Sanders, Elizabeth 2747 to S. 1982, the Comprehensive Veterans Warren, Patty Murray, Michael F. Ben- Health Benefits and Military Retirement roll. net, Mark Begich, Debbie Stabenow, Mr. REID. I ask unanimous consent Pay Restoration Act. Charles E. Schumer, Edward J. Mar- Harry Reid, Bernard Sanders, Elizabeth that the order for the quorum call be key, Richard Blumenthal, Ron Wyden, Warren, Patty Murray, Michael F. Ben- rescinded. Maria Cantwell, Heidi Heitkamp, net, Mark Begich, Debbie Stabenow, The PRESIDING OFFICER. Without Christopher Murphy, Christopher A. Charles E. Schumer, Edward J. Mar- objection, it is so ordered. Coons, Mazie K. Hirono, Tammy Bald- key, Richard Blumenthal, Ron Wyden, Mr. REID. I ask unanimous consent win. Maria Cantwell, Heidi Heitkamp, that the remaining time postcloture be MOTION TO COMMIT WITH AMENDMENT NO. 2767 Christopher Murphy, Christopher A. yielded back. Mr. REID. I have a motion to commit Coons, Mazie K. Hirono, Tammy Bald- The PRESIDING OFFICER. Is there S. 1982. It has instructions, and that is win. objection? also at the desk. Mr. REID. I ask unanimous consent Without objection, all time is yielded The PRESIDING OFFICER. The that the mandatory quorum for both back. clerk will report the motion. cloture motions required under rule The question is on the adoption of The legislative clerk read as follows: XXII be waived. the motion to proceed. The Senator from Nevada [Mr. REID] moves The PRESIDING OFFICER. Without The motion was agreed to. to commit the bill to the Committee on Vet- objection, it is so ordered.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1169 CHILD CARE AND DEVELOPMENT years in education, Mr. KING has been Freshman Principal William King received BLOCK GRANT ACT OF 2014—MO- relentless in his search to find new and a Milken Educator Award and $25,000 he can TION TO PROCEED better ways to educate our Nation’s spend any way he wants. His Jump Start pro- gram working with freshman has reduced by Mr. REID. I now move to proceed to schoolchildren. In his current capacity as freshman 68 percent the number of BGHS freshmen Calendar No. 309. who do not pass. principal at Bowling Green High The PRESIDING OFFICER. The ‘‘I had no clue,’’ said King after the cere- School—his alma mater—William is clerk will report the motion to pro- mony. ‘‘I had a list of all these names (of charged with shepherding his students ceed. BGHS teachers) in my head (who could be re- through the all-important transition ceiving the award). ‘‘It could have been any- The legislative clerk read as follows: from middle to high school. King has one on our staff.’’ A motion to proceed to Calendar No. 309, S. spearheaded initiatives such as King also has been instrumental in holding 1086, a bill to reauthorize and improve the TeachMeet Kentucky and TeachMeet TeachMeet seminars, which are informal Child Care and Development Block Grant Nashville—which are informal meet- meetings for teachers to share best practices Act of 1990, and for other purposes. of how they use technology in their class- ings where teachers gather to share UNANIMOUS CONSENT AGREEMENT—S. 1982 rooms, at Western Kentucky University, in ideas and best practices—and No Office Nashville and other locations in the United Mr. REID. Mr. President, I ask unan- Day, where school administrators States. imous consent that on Thursday, Feb- spend an entire day with students in The Milken Educator Award, called the ruary 27, during the Senate’s consider- the classroom. It is his Jump Start ‘‘Oscars of Teaching’’ by Teacher Magazine, ation of S. 1982, but no later than 2 program, however, that has earned him was presented as the cheers of 1,200 students p.m., Senator SESSIONS, or his des- one of, if not the most, prestigious bounced off walls of the high school’s arena. ignee, be recognized to raise a budget awards in education—the Milken Edu- Many of the students cheering King have point of order against the bill; that if been under his leadership since they first en- cation Award. tered the school halls four years ago. King such a point of order is raised, it be in William created Jump Start to help was told the assembly was to honor the aca- order for Senator MURRAY, or her des- better prepare students to excel in demic accomplishments of BGHS students, ignee, to move to waive; that if a mo- their first year of high school. Now, I and it started that way before Kentucky tion to waive is made, the vote on the face a lot of challenges here in the Sen- Education Commissioner Terry Holliday motion to waive occur at 2 p.m. tomor- ate, but few are more trying than those took the microphone to make remarks and row; that if the motion to waive is suc- faced by a teenager who is about to then introduced Jane Foley, senior vice cessful, the Senate proceed to the vote enter high school. Mr. King not only president of the Milken Family Foundation. on the motion to invoke cloture on recognized just how daunting this tran- Foley made the surprise announcement that King is Kentucky’s 2014 Milken Educator amendment No. 2747; that if cloture is sition can be for students, but he also Award winner, after telling the students first invoked on the amendment, all had the ability and the selfless inclina- how much the award was worth and that one postcloture time be yielded back, tion to do something about it. educator in the arena was to receive it. amendment No. 2766 be withdrawn, and With his innovative program, King ‘‘We welcome you to our family of excel- the Senate proceed to the vote on works with students and parents and lence,’’ said Foley, who received her own amendment No. 2747; that upon disposi- also coordinates between eighth- and Milken Educator Award in 1994. tion of the amendment, the Senate pro- ninth-grade teachers to ensure that his Three south-central Kentucky educators kids are prepared for the academic previously received a Milken Educator ceed to vote on the motion to invoke Award, which was created in 1987. cloture on S. 1982, as amended, if challenges they are about to face. King was surprised during the morning as- amended; that if cloture is invoked on The Milken Education Award is a sembly. Principal Gary Fields said it was a the bill, all postcloture time be yielded prestigious one; it is not given out just challenge to keep the announcement secret back and the Senate proceed to vote on for good intentions. Wining an ‘‘Oscar from King. The winner said he wasn’t even passage of the bill, as amended, if of Teaching,’’ as it’s known by teachers sure he was supposed to be in the arena that amended; if the motion to waive is not across the country, requires results— morning for the academic assembly. Fields and William King unquestionably de- read a lengthy list of BGHS students who ex- successful, then the cloture motions be celled in academics, at one point, turning to withdrawn; finally, the filing deadline livers results. Since implementing Jump Start, ninth-grade retentions Holliday and remarking, ‘‘commissioner, I’m for first-degree amendments to S. 1982 only halfway through the list.’’ be at 10:30 a.m. on Thursday and the have dropped by 68 percent. For this, King, who monitors teacher and student filing deadline for second-degree he was recognized with the Milken success, founded the Jump Start program, in amendments to amendment No. 2747 Education Award, as well as $25,000 to which teachers and parents ensure incoming and S. 1982 be 1:30 p.m. tomorrow. spend as he chooses, at a surprise as- freshmen are ready for high school. King The PRESIDING OFFICER. Without sembly at Bowling Green High School. spent a dozen years as an educator, including Lowell Milken, chairman and co- as an instructional assistant, social studies objection, it is so ordered. founder of the Milken Family Founda- teacher, curriculum coordinator, literacy f tion, once said, ‘‘A sound education coach and freshman principal. He’s a 1996 provides the opportunity to realize BGHS graduate and an Eagle Scout. MORNING BUSINESS King ‘‘always comes into our social studies one’s potential.’’ William King has Mr. REID. Mr. President, I ask unan- class and talks with us,’’ said Savannah Han- shown that he is wholeheartedly dedi- son, a junior at BGHS. She said the Milken imous consent that we proceed to a pe- cated to this proposition, and that he riod of morning business with Senators Family Foundation made a good choice in is deserving of praise from this body. I honoring King. allowed to speak for up to 10 minutes ask that my Senate colleges join me in Since 1987, the foundation has awarded each. recognizing this exemplary Kentucky more than $64 million to nearly 2,600 kinder- The PRESIDING OFFICER. Without citizen. garten through 12th-grade educators across objection, it is so ordered. The Park City Daily News recently the United States in awards. Total funding f published an article highlighting Wil- for the program, which includes resources for liam’s work and his award. I ask unani- the winning educators, is more than $136 mil- TRIBUTE TO WILLIAM KING lion. Fifty-two Kentucky teachers have re- mous consent that the full article be ceived the award since 1993. Mr. MCCONNELL. Mr. President, I printed in the RECORD. ‘‘A sound education provides the opportu- rise today to recognize an innovative There being no objection, the article nities to realize one’s potential, which is educator from my home State of Ken- was ordered to be printed in the why the future belongs to the educated,’’ tucky—Mr. William King—who, earlier RECORD, as follows: Lowell Milken, chairman and co-founder, said in grant program information. ‘‘Effec- this month, was awarded the pres- [From the Park City Daily News, Feb. 12, tive education equips each new generation tigious Milken Education Award. 2014] with the knowledge and skills to make sound If you were to ask William King EDUCATOR RECEIVES $25,000 AWARD about his occupation, he may not re- and independent judgments, as well as pro- (By Chuck Mason) ceed to the next stage in learning and in spond that he is a ‘‘teacher’’ or ‘‘educa- A Bowling Green High School adminis- life.’’ tor.’’ Instead, he is more inclined to trator who graduated as a BGHS Purple in The Milken awards were conceived to at- give himself the label of ‘‘educational 1996 got the surprise of his life Wednesday tract, retain and motivate talented people in entrepreneur.’’ That’s because in his 12 morning. the teaching profession.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1170 CONGRESSIONAL RECORD — SENATE February 26, 2014 Foley said the Milken Educator Award is Senate, Federal Bureau of Investiga- with the Members and staff of other not one that teachers or administrators can tion, Department of Justice, and the committees on all issues related to na- apply for. ‘‘We don’t accept nominations. U.S. District Court for the Southern tional security. You don’t find us, we find you,’’ Foley said. District of Florida. I am honored to Kathleen’s mastery of criminal and ‘‘Not an accolade for lifetime achievement national security law, coupled with her or the proverbial gold watch at the exit door, have the opportunity to publicly thank the Milken Educator Awards targets early- her and note my appreciation for her inexhaustible work ethic and sound to mid-career education professionals for outstanding service to the Select Com- judgment, have made her an indispen- their already impressive achievements and, mittee on Intelligence during the past sable member of the committee staff more significantly, for the promise of what 7.5 years. and an invaluable resource to other they will accomplish in the future,’’ the Since becoming the vice chairman of congressional committees. Her quick website noted. the committee in 2011, I have routinely wit and good humor make her a pleas- Accompanying Holliday and Foley was relied upon her impressive legal acu- ure to work with—less so, if you un- Madeline Abramson, wife of Kentucky Lt. men and excellent advice on matters wisely choose to work against the in- Governor Jerry Abramson. large and small. Kathleen is well After the award was announced, the stu- terests of her ‘‘client’’. Kathleen is a dents did a rousing chant with a Bowling known on the Hill and by the private team player who makes everyone Green Purples theme, clapping their hands in sector as one of the leading congres- around her perform better. She has staccato fashion, then stamping their feet. sional staff experts on cybersecurity been an astute mentor and guide to the ‘‘There’s no way I can top that,’’ said legislative issues. During the 111th senior staff responsible for assisting Holliday, taking the microphone once again. Congress, she distinguished herself as the vice chairman and members of the Looking at King, the commissioner added, an authority in the field with her work committee with formulating and im- ‘‘What an honor for Bowling Green High on S. 3538, the National Cyber Infra- plementing the committee’s legislative School and Kentucky.’’ structure Protection bill, on behalf of Milken award winners have exceptional and oversight priorities. She also has Senators Kit Bond and ORRIN HATCH. educational talent as evidenced by effective done a terrific job interfacing and col- instructional practices and student-learning Based upon that experience, I selected laborating with my personal staff to results in the classroom and school; have ex- Kathleen to serve as the lead counsel ensure that my office is accurately emplary educational accomplishments be- for all of my cybersecurity legislative transmitting my views on current na- yond the classroom that provide models of efforts. Since then, she has worked tional security issues and events. excellence for the profession; are individuals tirelessly to develop and negotiate leg- My colleagues and I trust Kathleen’s whose contributions to education are largely islative proposals consistent with my judgment implicitly. Her example of unheralded yet worthy of the spotlight; are strong desire to get an effective cyber- dedicated public service and excep- early- to mid-career educators who offer security information sharing bill en- strong long-range potential for professional tional day-to-day performance on the and policy leadership; and have an engaging acted into law. During the last Con- job has earned our respect and admira- and inspiring presence that motivates and gress, Kathleen was a crucial partici- tion, and it inspired a generation of impacts students, colleagues and the com- pant in the negotiations that led the staff who had the privilege to work munity, the website noted. ranking members of eight Senate com- alongside her. There is no doubt that The last south-central Kentucky educator mittees to co-sponsor S. 2151 and S. Kathleen has a bright future in the pri- to receive a Milken Educator Award was 3342, the Strengthening and Enhancing vate sector; however, should the right Karen Branham in 2001. At the time, Cybersecurity by Using Research, Edu- opportunity present itself, I would Branham was a teacher at Glasgow High cation, Information, and Technology School. She is now assistant superintendent strongly encourage my Senate col- for student learning for the Elizabethtown Act of 2012, more commonly known as leagues to entice her back into public Independent School District. ‘‘SECURE IT.’’ During this Congress, service. We will miss Kathleen dearly, The MFF is headquartered in Santa Senator FEINSTEIN and I have been but her legacy will remain a part of the Monica, Calif. working very hard to develop a bipar- Senate Select Committee on Intel- f tisan cybersecurity information shar- ligence for years to come. ing bill that we believe will be well-re- f VOTE EXPLANATION ceived by the private sector and our ∑ Mr. NELSON. Mr. President, I was colleagues in the Senate and the House TRIBUTE TO RICHARD S. GIRVEN necessarily absent from the votes dur- of Representatives. We are finally Mr. CHAMBLISS. Mr. President, I ing yesterday’s session on Tuesday, quite close to being able to mark up wish to pay special tribute to Richard February 25, 2014. Had I been present, I our cybersecurity information sharing S. Girven, a key member of my staff on would have supported the nominations bill and Kathleen played an integral the Select Committee on Intelligence. of James Donato and Beth Freeman to role every step of the way. Rich has a total of 33 years of distin- fill judicial emergency vacancies on Kathleen is a recognized legislative guished service to the Senate and the the U.S. District Court for the North- wizard. When negotiations have U.S. Army. He will leave us shortly to ern District of California, and James stalled, it is usually Kathleen who join the Washington office of the Rand Moody to fill a judicial vacancy on the comes up with the textual solution Corporation where he will serve as an U.S. District Court for the Eastern Dis- that provides the basis for a practical associate director for the Intelligence trict of Arkansas. I also would have and effective bipartisan compromise—a Policy Center within the National Se- voted in favor of the motion to invoke valuable skill that unfortunately has curity Research Division. I am honored cloture on the motion to proceed to S. been in short supply on the Hill in re- to have the opportunity to publicly 1982, the Comprehensive Veterans cent memory. In addition to cyber, she thank Rich and note my appreciation Health and Benefits and Military Re- has been a key staff contributor to the for his outstanding service to the Se- tirement Pay Restoration Act of 2014.∑ process of passing and enacting the lect Committee on Intelligence during f committee’s annual intelligence au- the past 51⁄2 years. thorization bills. Her expertise on the Since becoming the vice chairman of TRIBUTE TO KATHLEEN RICE Foreign Intelligence Surveillance Act the committee in 2011, I have often re- Mr. CHAMBLISS. Mr. President, I (FISA) was invaluable during the nego- lied upon Rich’s impressive analytical wish to pay special tribute to Kathleen tiation and enactment of the Protect skills and teamwork on a wide range of B. Rice, a key member of my staff on America Act of 2007, the FISA Amend- intelligence issues. As the committee’s the Select Committee on Intelligence. ments Act of 2008, Public Laws 111–141 director of analysis, he has routinely Kathleen will leave us shortly to join and 112–14, extension of certain expir- mentored our senior staff members in Boveri Murphy Rice, LLP, a boutique ing FISA sunsets, and the FISA the execution of their substantive and trial and litigation firm in South Bend, Amendments Act Reauthorization Act regional portfolios. Rich is well known IN, which represents clients nation- of 2012. She routinely monitors the leg- on the Hill and throughout the intel- wide, ranging from Fortune 500 compa- islative calendar to ensure that pend- ligence community as a leading expert nies to smaller businesses and individ- ing legislation does not negatively im- on issues related to Asia and the Mid- uals. Kathleen has had a distinguished pact intelligence community activities dle East, with special emphasis on career in her 19.5 years of service to the and operations. She also works closely South and Southeast Asia. He has also

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1171 done superlative oversight work on time adjunct general. From 1967 to work to continue his legacy of encour- issues related to analytic quality, lin- 1979, he commanded the Nevada Air aging Hartford’s students to achieve guists in the intelligence community, and Army Guard all while maintaining their highest potential. human intelligence, technology, edu- a steadfast dedication to expanding the I join everyone in Hartford and cation and training, and intelligence Guard’s enlistments during the Viet- around Connecticut in celebrating the authorities and reform. He has con- nam war. His focus and recruitment life of Walter ‘‘Doc’’ Hurley and ducted and participated in many com- abilities exhibited with the Guard were mourning the loss of this great man.∑ mittee studies involving analysis, ana- widely regarded, and Major General f lytic tradecraft, and analyst tech- Edsall retained his role of leadership BROWN UNIVERSITY nologies. over the span of three Nevada guber- ∑ Rich even has a ‘‘superpower’’—he natorial administrations. Mr. WHITEHOUSE. Mr. President, reads faster than anyone I have ever Recognizing a lifetime of commit- this March, Providence, RI, celebrates met. I have been told by reliable ment to service, the Nevada Army the 250th anniversary of the founding sources that he can read at least 1,600 Guard dedicated a 1,697-acre training of Brown University, known as one of words per minute. This sometimes facility in his honor in 1997, and on the world’s great universities. In 1764, the American Colonies were worked to his personal disadvantage, May 10 of the same year, the Maj. Gen. on a headlong course toward Revolu- because he was frequently tasked with Floyd Edsall Training Center opened to tion. Many of those who would lead the reading very large bills, some in excess further the foundations of service his charge to independence also had a hand of 1,000 pages, to assess whether any namesake bears. in establishing this great American Major General Edsall’s passing is a provisions could negatively impact in- college. Among the founding Fellows great loss and his loyal commitment to telligence authorities and operations. and Trustees of what was then called the Silver State will never be forgot- Rich’s inexhaustible work ethic and the College in the English Colony of ten. I ask my colleagues to join me in sound judgment have made him an in- Rhode Island and Providence Planta- remembering the life of a devoted Ne- dispensable member of the committee tions were future signers of the Dec- vadan and honoring his accomplish- staff and an invaluable resource to laration of Independence, delegates to ments.∑ other congressional committees. His the Continental Congress and Congress quick wit and good humor make him a f of the Confederation, and members of pleasure to work with. He is the con- REMEMBERING WALTER ‘‘DOC’’ the prominent Brown family of Provi- summate team player who improves HURLEY dence. One of them, John Brown, was the performance of everyone around later in the 1772 attack on the royal him. ∑ Mr. MURPHY. Mr. President, earlier this month, a Hartford icon, Walter customs vessel HMS Gaspee in Narra- My colleagues and I trust Rich’s gansett Bay, an act of violence against judgment implicitly. His example of ‘‘Doc’’ Hurley, passed away at the age of 91. For some, Doc was a teacher, for the crown that drew the first British dedicated public service and excep- blood in the conflict that led to the tional day-to-day performance on the others a coach, and for many more he was a dedicated philanthropist and American Revolution, more than a job has earned our respect, admiration, year before the Boston Tea Party. friend. No matter what role he played and it inspired a generation of staff Since then, prominent Brunonians at any given time, Doc Hurley worked who had the privilege to work along- have included Secretaries of State side him. There is no doubt that Rich his entire life to positively impact the John Hay and Charles Evans Hughes, has a bright future at the Rand Cor- Hartford community, and he will be Federal Reserve Chair Janet Yellen, poration; however, should the right op- sorely missed. and our own Governor Lincoln Chafee Doc led an eclectic and inspiring life. portunity present itself, I would hope and Congressman DAVID CICILLINE, to After attending Weaver High School in that he will consider another stint in name just a few. For two and a half public service. We will miss Rich deep- the North End of Hartford, he served in centuries, bright and eager young ly, but his legacy will remain a part of World War II as a marine. Upon coming Americans have arrived in Providence’s the Senate Select Committee on Intel- home from the war, he finished college, beautiful College Hill neighborhood, ligence for years to come. worked as a teacher in Virginia, and greeted by historic architecture and spent a brief stint as a professional f the famous Van Wickle Gates. They football player in the All-American brought their ambition and their tal- ADDITIONAL STATEMENTS Football Conference before finally re- ent and, inevitably, they left their turning to Hartford in 1959. mark and continue to leave their It was when he became vice principal mark—on our State and our Nation. REMEMBERING MAJOR GENERAL at Weaver High School in Hartford that FLOYD L. EDSALL Today, Brown University is a hub of he began in earnest his lifelong goal of research, innovation, and learning, and ∑ Mr. HELLER. Mr. President, I wish inspiring students to pursue a college an integral partner in our capital city’s to recognize an exceptional Nevadan degree. The most visible piece of Hur- culture and economy. As a magnet for and veteran, Army MG Floyd Edsall. ley’s lasting legacy in the community talent and resources, Brown has helped On January 29, 2014, Nevada’s humble is the Doc Hurley Scholarship Founda- fuel Providence’s Knowledge District, servant was called home after 92 years tion and the renowned Doc Hurley and the university itself is the fifth- of devoted community advocacy. Scholarship Basketball Classic. Over largest private employer in Rhode Is- Born December 21, 1921, Mr. Edsall the years, Doc’s foundation was respon- land. Brown’s Alpert Medical School answered a call for military service at sible for awarding more than $570,000 in has helped bolster our State’s leader- an early age through his involvement scholarships to 550 high school seniors. ship in the health care field, with more at UNR in their ROTC program. In 1944, Many of these students who went on to than 1,700 physicians—43 percent of all he fought in World War II and was successful careers owe their start to physicians in the State—affiliated with awarded the Silver Star and three Doc Hurley and his scholarship founda- the school. And Brown’s heralded Bronze Stars for his valiant bravery. tion. Doc was a once-in-a-generation BrainGate program famously helped Upon his return from service with mentor, coach, teacher, and positive Cathy Hutchinson use a robotic arm to the Army’s 63rd Infantry Division, inspiration for Hartford’s youth. pick up a cup of coffee and take a sip Major General Edsall taught at Elko Last October, I held an antiviolence 15 years after a stroke left her para- and Sparks High Schools as well as his basketball tournament for nearly 1,000 lyzed and unable to speak. These and alma mater UNR, where he coached kids with the University of Con- countless other contributions continue football and track and field. Through- necticut men’s basketball team in the to put Rhode Island on the forefront of out his teaching and coaching career, field house that bears Doc Hurley’s the innovation economy, and I am he remained active in the Nevada name at Weaver High School. I was grateful for Brown’s role in driving our Guard. proud to have had the chance to work Ocean State forward. Major General Edsall is recognized as with him on that basketball tour- Brown is a wonderful place. As I trav- the Nevada National Guard’s first full- nament and, more importantly I will el the country and encounter Brown

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1172 CONGRESSIONAL RECORD — SENATE February 26, 2014 graduates, and attend Brown functions H.R. 1123. An act to promote consumer Threatened Wildlife and Plants; Designation and meet undergraduates, I have been choice and wireless competition by permit- of Critical Habitat for Chromolaena struck at how much they love this col- ting consumers to unlock mobile wireless de- frustrata (Cape Sable Thoroughwort)’’ (RIN1018–AZ51) received in the Office of the lege. For a great many of our best and vices, and for other purposes; to the Com- mittee on the Judiciary. President of the Senate on February 11, 2014; brightest high school seniors, Brown is H.R. 1211. An act to amend section 552 of to the Committee on Environment and Pub- their decided first choice among all the title 5, United States Code (commonly lic Works. great universities of the world. known as the Freedom of Information Act), EC–4749. A communication from the Acting In its original charter, it was said to provide for greater public access to infor- Chief of the Branch of Listing, Fish and that Brown, ‘‘to which the youth may mation, and for other purposes; to the Com- Wildlife Service, Department of the Interior, freely resort for education in the mittee on the Judiciary. transmitting, pursuant to law, the report of H.R. 1232. An act to amend titles 40, 41, and a rule entitled ‘‘Endangered and Threatened vernacular and learned languages, and Wildlife and Plants; Arctostaphylos in the liberal arts and sciences, would 44, United States Code, to eliminate duplica- tion and waste in information technology ac- franciscana (Franciscan Manzanita)’’ be for the general advantage and honor quisition and management; to the Com- (RIN1018–AY63) received in the Office of the of the government.’’ Two hundred fifty mittee on Homeland Security and Govern- President of the Senate on February 11, 2014; years later, it is clear that Brown has mental Affairs. to the Committee on Environment and Pub- lic Works. lived up to that expectation. f I am proud to congratulate the presi- EC–4750. A communication from the Direc- EXECUTIVE AND OTHER tor of the Regulatory Management Division, dent of Brown University, Christina Environmental Protection Agency, transmit- Hull Paxson, Brown’s trustees and fac- COMMUNICATIONS ting, pursuant to law, the report of a rule en- ulty, and its students and alumni on The following communications were titled ‘‘Approval and Promulgation of Air 250 remarkable years.∑ laid before the Senate, together with Quality Implementation Plans; New Mexico; f accompanying papers, reports, and doc- Transportation Conformity and General Con- uments, and were referred as indicated: formity Requirements for Bernalillo Coun- MESSAGES FROM THE PRESIDENT ty’’ (FRL No. 9906–65–Region 6) received dur- EC–4742. A communication from the Chair- Messages from the President of the ing adjournment of the Senate in the Office man of the Joint Chiefs of Staff, transmit- of the President of the Senate on February United States were communicated to ting, pursuant to law, the Department of De- 18, 2014; to the Committee on Environment the Senate by Mr. Pate, one of his sec- fense report on the joint strategy for readi- and Public Works. retaries. ness and training in a Command, Control, EC–4751. A communication from the Direc- f Communications, Computers, Intelligence, tor of the Regulatory Management Division, Surveillance, and Reconnaissance (C4ISR)- Environmental Protection Agency, transmit- EXECUTIVE MESSAGES REFERRED denied environment (OSS No. 2014–0234); to ting, pursuant to law, the report of a rule en- As in executive session the Presiding the Committee on Armed Services. titled ‘‘Approval and Promulgation of Air Officer laid before the Senate messages EC–4743. A communication from the Chief Quality Implementation Plans; Oklahoma; of Staff, Office of the Under Secretary of De- Regional Haze and Interstate Transport Af- from the President of the United fense (Personnel and Readiness), Department fecting Visibility; State Implementation States submitting sundry nominations of Defense, transmitting, pursuant to law, a Plan Revisions; Revised BART Determina- which were referred to the appropriate report entitled ‘‘2014 Report to Congress on tion for American Electric Power/Public committees. Sustainable Ranges’’; to the Committee on Service Company of Oklahoma Northeastern (The messages received today are Armed Services. Power Station Units 3 and 4’’ (FRL No. 9906– printed at the end of the Senate pro- EC–4744. A communication from the Assist- 93–Region 6) received during adjournment of ceedings.) ant Secretary of the Army (Civil Works), the Senate in the Office of the President of transmitting, pursuant to law, a report rel- the Senate on February 20, 2014; to the Com- f ative to the Des Moines and Raccoon Rivers mittee on Environment and Public Works. MESSAGE FROM THE HOUSE Project; to the Committee on Environment EC–4752. A communication from the Direc- and Public Works. tor of the Regulatory Management Division, At 12:09 p.m., a message from the EC–4745. A communication from the Acting Environmental Protection Agency, transmit- House of Representatives, delivered by Director of Congressional Affairs, Nuclear ting, pursuant to law, the report of a rule en- Mr. Novotny, one of its reading clerks, Regulatory Commission, transmitting, pur- titled ‘‘Approval and Promulgation of Air announced that the House has passed suant to law, the report of a rule entitled Quality Implementation Plans; Oklahoma; the following bills, in which it requests ‘‘Retrospective Analysis under Executive Regional Haze and Interstate Transport Af- fecting Visibility State Implementation the concurrence of the Senate: Order 13579’’ (NRC–2011–0246) received in the Office of the President of the Senate on Feb- Plan Revisions; Withdrawal of Federal Im- H.R. 1123. An act to promote consumer ruary 24, 2014; to the Committee on Environ- plementation Plan for American Electric choice and wireless competition by permit- ment and Public Works. Power/Public Service Company of Okla- ting consumers to unlock mobile wireless de- EC–4746. A communication from the Chief homa’’ (FRL No. 9906–81–OAR) received dur- vices, and for other purposes. of the Permits and Regulations Branch, Fish ing adjournment of the Senate in the Office H.R. 1211. An act to amend section 552 of and Wildlife Service, Department of the Inte- of the President of the Senate on February title 5, United States Code (commonly rior, transmitting, pursuant to law, the re- 20, 2014; to the Committee on Environment known as the Freedom of Information Act), port of a rule entitled ‘‘Migratory Bird Hunt- and Public Works. to provide for greater public access to infor- EC–4753. A communication from the Direc- ing; Revision of Language for Approval of mation, and for other purposes. tor of the Regulatory Management Division, Nontoxic Shot for Use in Waterfowl Hunt- H.R. 1232. An act to amend titles 40, 41, and Environmental Protection Agency, transmit- ing’’ (RIN1018–AY59) received in the Office of 44, United States Code, to eliminate duplica- ting, pursuant to law, the report of a rule en- the President of the Senate on February 11, tion and waste in information technology ac- titled ‘‘Approval and Promulgation of Air 2014; to the Committee on Environment and quisition and management. Quality Implementation Plans; Virginia; H.R. 1423. An act to provide taxpayers with Public Works. Prevention of Significant Deterioration and an annual report disclosing the cost and per- EC–4747. A communication from the Acting Nonattainment New Source Review; Fine formance of Government programs and areas Chief of the Branch of Listing, Fish and Particulate Matter (PM 2.5)’’ (FRL No. 9906– of duplication among them, and for other Wildlife Service, Department of the Interior, 67–Region 3) received during adjournment of purposes. transmitting, pursuant to law, the report of the Senate in the Office of the President of H.R. 2530. An act to improve transparency a rule entitled ‘‘Endangered and Threatened the Senate on February 20, 2014; to the Com- and efficiency with respect to audits and Wildlife and Plants; Threatened Status for mittee on Environment and Public Works. communications between taxpayers and the Eriogonum codium (Umtanum Desert Buck- EC–4754. A communication from the Regu- Internal Revenue Service. wheat) and Physaria douglasii subsp. lations Coordinator, Centers for Medicare H.R. 2531. An act to prohibit the Internal tuplashensis (White Bluffs Bladderpod) and and Medicaid Services, Department of Revenue Service from asking taxpayers Designation of Critical Habitat’’ (RIN1018– Health and Human Services, transmitting, questions regarding religious, political, or AX72; 1018–AZ54) received in the Office of the pursuant to law, the report of a rule entitled social beliefs. President of the Senate on February 11, 2014; ‘‘Ninety-Day Waiting Period Limitation and to the Committee on Environment and Pub- Technical Amendments to Certain Health f lic Works. Coverage Requirements Under the Affordable MEASURES REFERRED EC–4748. A communication from the Chief Care Act’’ (RIN0938–AR77) received in the Of- of the Endangered Species Listing Branch, fice of the President of the Senate on Feb- The following bills were read the first Fish and Wildlife Service, Department of the ruary 24, 2014; to the Committee on Finance. and the second times by unanimous Interior, transmitting, pursuant to law, the EC–4755. A communication from the Chief consent, and referred as indicated: report of a rule entitled ‘‘Endangered and of the Publications and Regulations Branch,

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1173 Internal Revenue Service, Department of the People’s Republic of China of items not det- Staff, Food and Drug Administration, De- Treasury, transmitting, pursuant to law, the rimental to the U.S. space launch industry; partment of Health and Human Services, report of a rule entitled ‘‘Ninety-Day Wait- to the Committee on Foreign Relations. transmitting, pursuant to law, the report of ing Period Limitation and Technical Amend- EC–4764. A communication from the Assist- a rule entitled ‘‘Medical Device Reporting: ments to Certain Health Coverage Require- ant Secretary, Legislative Affairs, Depart- Electronic Submission Requirements’’ ments Under the Affordable Care Act’’ ment of State, transmitting, pursuant to ((RIN0910–AF86) (Docket No. FDA–2008–N– ((RIN1545–BL50) (TD 9656)) received in the Of- law, a report relative to section 36(c) of the 0393)) received during adjournment of the fice of the President of the Senate on Feb- Arms Export Control Act (DDTC 14–003); to Senate in the Office of the President of the ruary 24, 2014; to the Committee on Finance. the Committee on Foreign Relations. Senate on February 21, 2014; to the Com- EC–4756. A communication from the Chief EC–4765. A communication from the Assist- mittee on Health, Education, Labor, and of the Publications and Regulations Branch, ant Secretary, Legislative Affairs, Depart- Pensions. Internal Revenue Service, Department of the ment of State, transmitting, pursuant to EC–4774. A communication from the Direc- Treasury, transmitting, pursuant to law, the law, a report relative to section 36(c) of the tor of Regulations and Policy Management report of a rule entitled ‘‘Applicable Federal Arms Export Control Act (DDTC 13–171); to Staff, Food and Drug Administration, De- Rates—March 2014’’ (Rev. Rul. 2014–8) re- the Committee on Foreign Relations. partment of Health and Human Services, ceived in the Office of the President of the EC–4766. A communication from the Assist- transmitting, pursuant to law, the report of Senate on February 24, 2014; to the Com- ant Secretary, Legislative Affairs, Depart- a rule entitled ‘‘Current Good Manufacturing mittee on Finance. ment of State, transmitting, the report of a Practices, Quality Control Procedures, Qual- EC–4757. A communication from the Chief rule entitled ‘‘Visas: Waiver by Joint Action ity Factors, Notification Requirements, and of the Publications and Regulations Branch, of Visa and Passport Requirements for Mem- Records and Reports, for Infant Formula; Internal Revenue Service, Department of the bers of Armed Forces and Coast Guards of Final Rule’’ ((RIN0910–AF27) (Docket No. Treasury, transmitting, pursuant to law, the Foreign Countries’’ (RIN1400–AD51) received FDA–1995–N–0036)) received during adjourn- report of a rule entitled ‘‘Amount of the Life in the Office of the President of the Senate ment of the Senate in the Office of the Presi- Insurance Reserves Taken into Account on February 6, 2014; to the Committee on dent of the Senate on February 18, 2014; to Under Section 807 of the IRC for Variable Foreign Relations. the Committee on Health, Education, Labor, Contracts’’ (Rev. Rul. 2014–7) received in the EC–4767. A communication from the Assist- and Pensions. Office of the President of the Senate on Feb- ant Secretary, Legislative Affairs, Depart- EC–4775. A communication from the Pro- ruary 24, 2014; to the Committee on Finance. ment of State, transmitting, the report of a gram Manager, Centers for Disease Control EC–4758. A communication from the Chief rule entitled ‘‘Visas: Documentation of Non- and Prevention, Department of Health and of the Publications and Regulations Branch, immigrants Under the Immigration and Na- Human Services, transmitting, pursuant to Internal Revenue Service, Department of the tionality Act, As Amended; TN Visas from law, the report of a rule entitled ‘‘World Treasury, transmitting, pursuant to law, the NAFTA Countries’’ (RIN1400–AD29) received Trade Center Health Program: Amendments report of a rule entitled ‘‘Safe Harbor for in the Office of the President of the Senate to List of WTC–Related Health Conditions; Disregarded Entities Under Section 108’’ on February 5, 2014; to the Committee on Cancer; Revision’’ (RIN0920–AA50) received (Rev. Proc. 2014–20) received in the Office of Foreign Relations. during adjournment of the Senate in the Of- the President of the Senate on February 24, EC–4768. A communication from the Assist- fice of the President of the Senate on Feb- 2014; to the Committee on Finance. ant Secretary, Legislative Affairs, Depart- ruary 18, 2014; to the Committee on Health, EC–4759. A communication from the Chief ment of State, transmitting, pursuant to Education, Labor, and Pensions. of the Publications and Regulations Branch, law, a report relative to the interdiction of EC–4776. A communication from the Sec- Internal Revenue Service, Department of the aircraft engaged in illicit drug trafficking; retary of Education, transmitting, pursuant Treasury, transmitting, pursuant to law, the to the Committee on Foreign Relations. to law, the report of a rule entitled ‘‘William report of a rule entitled ‘‘Update of Weighted EC–4769. A communication from the Vice D. Ford Federal Direct Loan Program’’ Average Interest Rates, Yield Curves, and President, Office of External Affairs, Over- (RIN1840–AD13) received in the Office of the Segment Rates’’ (Notice 2014–13) received in seas Private Investment Corporation, trans- President of the Senate on February 24, 2014; the Office of the President of the Senate on mitting, the report of final rules revising and to the Committee on Health, Education, February 24, 2014; to the Committee on Fi- updating the Agency’s Freedom of Informa- Labor, and Pensions. nance. tion Act, Privacy Act, and Touhy regula- EC–4777. A communication from the Asso- EC–4760. A communication from the Acting tions; to the Committee on Foreign Rela- ciate General Counsel for General Law, De- Assistant Secretary for the Employment and tions. partment of Homeland Security, transmit- Training Administration, Department of EC–4770. A communication from the Direc- ting, pursuant to law, a report relative to a Labor, transmitting, pursuant to law, the re- tor of Regulations and Policy Management vacancy in the position of Under Secretary, port of a rule entitled ‘‘Federal-State Unem- Staff, Food and Drug Administration, De- Science and Technology Directorate, Depart- ployment Insurance (UI) Program; Data Ex- partment of Health and Human Services, ment of Homeland Security, received during change Standardization as Required by Sec- transmitting, pursuant to law, the report of adjournment of the Senate in the Office of tion 2104 of the Middle Class Tax Relief and a rule entitled ‘‘Current Good Manufacturing the President of the Senate on February 21, Job Creation Act of 2012’’ (RIN1205–AB64) re- Practices, Quality Control Procedures, Qual- 2014; to the Committee on Homeland Secu- ceived during adjournment of the Senate in ity Factors, Notification Requirements, and rity and Governmental Affairs. the Office of the President of the Senate on Records and Reports, for Infant Formula; EC–4778. A communication from the Direc- February 21, 2014; to the Committee on Fi- Correction’’ ((RIN0910–AF27) (Docket No. tor, Office of Personnel Management, trans- nance. FDA–1995–N–0063)) received in the Office of mitting, pursuant to law, a report entitled EC–4761. A communication from the Direc- the President of the Senate on February 26, ‘‘Federal Equal Opportunity Recruitment tor, Office of Regulations and Reports Clear- 2014; to the Committee on Health, Education, Program (FEORP) for Fiscal Year 2012’’; to ance, Social Security Administration, trans- Labor, and Pensions. the Committee on Homeland Security and mitting, pursuant to law, the report of a rule EC–4771. A communication from the Direc- Governmental Affairs. entitled ‘‘Extension of Expiration Dates for tor of Regulations and Policy Management Several Body System Listings’’ (RIN0960– Staff, Food and Drug Administration, De- f AH61) received during adjournment of the partment of Health and Human Services, PETITIONS AND MEMORIALS Senate in the Office of the President of the transmitting, pursuant to law, the report of Senate on February 20, 2014; to the Com- a rule entitled ‘‘Medical Devices; Reports of The following petitions and memo- mittee on Finance. Corrections and Removals; Technical rials were laid before the Senate and EC–4762. A communication from the Direc- Amendment’’ (Docket No. FDA–2014–N–0011) were referred or ordered to lie on the tor, Office of Regulations and Reports Clear- received during adjournment of the Senate table as indicated: ance, Social Security Administration, trans- in the Office of the President of the Senate POM–196. A resolution adopted by the mitting, pursuant to law, the report of a rule on February 21, 2014; to the Committee on House of Representatives of the Legislature entitled ‘‘Change of Address for Requests: Health, Education, Labor, and Pensions. of the State of Iowa requesting the United Testimony by Employees and the Production EC–4772. A communication from the Direc- States Congress to immediately enact a new of Records and Information in Legal Pro- tor of Regulations and Policy Management federal food, farm, and jobs bill; to the Com- ceedings, Claims Against the Government Staff, Food and Drug Administration, De- mittee on Agriculture, Nutrition, and For- Under the Federal Tort Claims Act of 1948, partment of Health and Human Services, estry. and Claims under the Military Personnel and transmitting, pursuant to law, the report of Civilian Employees’ Claim Act of 1964’’ a rule entitled ‘‘Administrative Detention; HOUSE RESOLUTION NO. 102 (RIN0960–AH65) received during adjournment Corrections’’ (Docket No. FDA–1997–N–0222) Whereas, the United States Congress regu- of the Senate in the Office of the President received during adjournment of the Senate larly establishes agricultural and food policy of the Senate on February 18, 2014; to the in the Office of the President of the Senate in an omnibus farm bill in a bipartisan spirit Committee on Finance. on February 21, 2014; to the Committee on of cooperation, exemplified by the federal EC–4763. A communication from the Sec- Health, Education, Labor, and Pensions. Food, Conservation, and Energy Act of 2008, retary of Commerce, transmitting, pursuant EC–4773. A communication from the Direc- Pub. L. No. 110–246 which originally was to to law, a report relative to the export to the tor of Regulations and Policy Management expire in 2012, but was extended by the 112th

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1174 CONGRESSIONAL RECORD — SENATE February 26, 2014 Congress in the American Taxpayer Relief The General Assembly of the State of Ohio and second times by unanimous con- Act of 2012, Pub. L. No. 112–240; and urges the Congress of the United States to sent, and referred as indicated: Whereas, a new food, farm, and jobs bill is propose a balanced budget amendment to the By Mr. WHITEHOUSE: critical to maintaining a strong agricultural United States Constitution and hereby ap- S. 2042. A bill to amend the Federal Water economy and an abundant food supply that plies to the Congress, under the provisions of Pollution Control Act to reauthorize the Na- benefits all Americans, including by pro- Article V of the United States Constitution, tional Estuary Program, and for other pur- viding programs relating to farm commodity for the calling of a convention of the states poses; to the Committee on Environment and support, horticulture, livestock, conserva- limited to proposing an amendment to the Public Works. tion, nutrition assistance, trade, and inter- United States Constitution requiring that in By Mrs. FISCHER (for herself, Mr. national food aid, agricultural research, the absence of a national emergency the INHOFE, and Mr. JOHANNS): farm credit, rural development, bioenergy, total of all federal appropriations made by S. 2043. A bill to prohibit the Internal Rev- forestry, and innovative strategies to revi- the Congress for any fiscal year may not ex- enue Service from asking taxpayers ques- talize this nation’s rural economy by cre- ceed the total of all estimated federal reve- tions regarding religious, political, or social ating jobs in small towns and rural commu- nues for that fiscal year, together with any beliefs; to the Committee on Finance. nities; and related and appropriate Fiscal restraints; By Mrs. FISCHER (for herself, Mr. Whereas, in Iowa, agricultural producers and INHOFE, and Mr. JOHANNS): have faced a multitude of disasters, includ- It is the intention of the General Assembly S. 2044. A bill to improve transparency and ing drought, flood, and blizzard conditions that matters shall not be considered at the efficiency with respect to audits and commu- which have been alleviated by disaster as- convention that do not pertain to an amend- nications between taxpayers and the Inter- sistance under farm bill programs; and ment requiring that, in the absence of a na- nal Revenue Service; to the Committee on Whereas, during 2013, the United States tional emergency, the total of all federal ap- Finance. Senate and House of Representatives have propriations made by the Congress for any By Ms. BALDWIN (for herself and Mr. been engaged in prolonged negotiations to fiscal year may not exceed the total of all es- MARKEY): enact a new food, farm, and jobs bill that is timated federal revenues for that fiscal year, S. 2045. A bill to amend title 17, United now in conference committee which is con- together with any related and appropriate States Code, to secure the rights of visual sidering differences between the Senate fiscal restraints; and be it further artists to copyright, to provide for resale version, titled the Agriculture Reform, Food, Resolved, The Secretary of State is hereby royalties, and for other purposes; to the and Jobs Act of 2013 (S. 954), and the House directed to transmit copies of this applica- Committee on the Judiciary. version, titled the Federal Agriculture Re- tion to the President and Secretary of the By Mr. BROWN: form and Risk Management (FARRM) Act of Senate and to the Speaker and Clerk of the S. 2046. A bill to amend title XVIII of the 2013 (H.R. 2642); and House of Representatives of the Congress, Social Security Act to provide Medicare Whereas, without the passage of a new and copies to the members of the Senate and beneficiaries coordinated care and greater food, farm, and jobs bill the United States House of Representatives from the State of choice with regard to accessing hearing will be subject to previously enacted perma- Ohio; also to transmit copies of this applica- health services and benefits; to the Com- nent law, including commodity price support tion to the presiding officers of each of the mittee on Finance. statutes effective in 1949; and legislative houses of the several states, re- By Mrs. BOXER (for herself, Mr. DUR- Whereas, the prolonged delay in passing a questing their cooperation; and be it further BIN, Mr. HARKIN, Mr. BLUMENTHAL, new food, farm, and jobs bill has created un- Resolved, This application is to be consid- Mr. MARKEY, and Mr. BROWN): certainty for agricultural producers and will ered as covering the balanced budget amend- S. 2047. A bill to prohibit the marketing of negatively impact the nation’s overseas ment language of the presently outstanding electronic cigarettes to children, and for trade; and balanced budget applications from other other purposes; to the Committee on Com- Whereas, without the immediate passage of states, including previously adopted applica- merce, Science, and Transportation. a new food, farm, and jobs bill consumers tions from Alabama, Alaska, Arkansas, Colo- By Ms. HIRONO (for herself, Mr. LEE, will increasingly suffer economic con- rado, Delaware, Florida, Indiana, Iowa, Kan- Mr. MCCAIN, Mr. RUBIO, Mr. SCHU- sequences: Now, therefore, be it sas, Maryland, Mississippi, Missouri, Ne- MER, and Mrs. MURRAY): Resolved by the House of Representatives, braska, Nevada, New Hampshire, New Mex- S. 2048. A bill to include New Zealand in That with the reconvening of the United ico, North Carolina, Pennsylvania, and the list of foreign states whose nationals are States Congress after its holiday recess, the Texas. This application shall be aggregated eligible for admission into the United States United States House of Representatives and with those other applications for the purpose as E–1 and E–2 nonimmigrants if United the United States Senate should enact a new of attaining the two-thirds of states nec- States nationals are treated similarly by the food, farm, and jobs bill with all possible essary to require the calling of a convention Government of New Zealand; to the Com- speed but no later than January 31, 2014; and for proposing a balanced budget amendment, mittee on the Judiciary. be it further but shall not be aggregated with any applica- By Mrs. MCCASKILL (for herself and Resolved, That a copy of this resolution tions on any other subject; and be it further Mr. ROCKEFELLER): shall be transmitted to the President of the Resolved, If the convention called by the S. 2049. A bill to curb unfair and deceptive United States Senate and the Speaker of the Congress is not limited to considering a bal- practices during assertion of patents, and for United States House of Representatives; and anced budget amendment, then any dele- other purposes; to the Committee on Com- be it further gates, representatives, or participants from merce, Science, and Transportation. Resolved, That a copy of this resolution the State of Ohio asked to participate in the f shall be transmitted to the Honorable Debbie convention are authorized to debate and vote Stabenow, Chairwoman of the Committee on only on a proposed amendment or amend- SUBMISSION OF CONCURRENT AND Agriculture, Nutrition, and Forestry of the ments to the United States, Constitution re- SENATE RESOLUTIONS United States Senate, and the Honorable quiring that in the absence of a national The following concurrent resolutions Frank Lucas, Chairman of the Committee on emergency the total of all federal appropria- and Senate resolutions were read, and Agriculture of the United States House of tions made by the Congress for any fiscal referred (or acted upon), as indicated: Representatives; and be it further year may not exceed the total of all esti- Resolved, That a copy of this resolution mated federal revenues for that fiscal year, By Mr. KAINE (for himself, Mr. shall be transmitted to each member of the together with any related and appropriate PORTMAN, and Ms. BALDWIN): S. Res. 362. A resolution supporting the Iowa congressional delegation; and be it fur- fiscal restraints; and be it further goals and ideals of ‘‘Career and Technical ther Resolved, This application constitutes a Education Month’’; to the Committee on the Resolved, That a copy of this resolution continuing application in accordance with Judiciary. shall be transmitted to the Honorable Tom Article V of the United States Constitution By Mrs. GILLIBRAND (for herself, Mrs. Vilsack, Secretary of the United States De- until the legislatures of at least two-thirds HAGAN, Mr. LEVIN, Mr. CASEY, Mr. partment of Agriculture. of the several states have made applications ISAKSON, Mr. COCHRAN, Mr. BEGICH, on the same subject or the Congress has pro- Ms. MURKOWSKI, Mrs. MURRAY, Mr. POM–197. A joint resolution adopted by the posed an amendment to the United States CARDIN, Ms. LANDRIEU, Mr. WYDEN, General Assembly of the State of Ohio urg- Constitution equivalent to the amendment Mrs. BOXER, Mr. PRYOR, Mr. SCHU- ing the Congress of the United States to pro- proposed in this resolution. This application MER, Mrs. SHAHEEN, Mr. WHITEHOUSE, pose a balanced budget amendment to the supersedes all previous applications by the Mr. MARKEY, Mr. MANCHIN, Mr. United States Constitution and applying to General Assembly of the State of Ohio on the MENENDEZ, Ms. STABENOW, Mr. KAINE, the Congress, pursuant to Article V of the same subject. Ms. CANTWELL, Ms. BALDWIN, Mr. United States Constitution, to call a conven- f WARNER, Mr. NELSON, Mr. COBURN, tion for proposing a balanced budget amend- Ms. KLOBUCHAR, Mr. MERKLEY, Ms. ment; to the Committee on the Judiciary. INTRODUCTION OF BILLS AND JOINT RESOLUTIONS HIRONO, Mr. COONS, Mr. DURBIN, Mr. JOINT RESOLUTION NO. 5 ROCKEFELLER, Mr. PORTMAN, Mr. Be it resolved by the General Assembly of the The following bills and joint resolu- CARPER, Mr. GRASSLEY, Mrs. FEIN- State of Ohio: tions were introduced, read the first STEIN, Mr. BOOKER, Mr. SANDERS, Mr.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1175 KIRK, Mr. WICKER, Mr. FRANKEN, Mr. Indian Self-Determination and Edu- LEAHY) was added as a cosponsor of S. SCOTT, Ms. WARREN, Mrs. MCCASKILL, cation Assistance Act to provide fur- 1654, a bill to amend the Internal Rev- Mr. LEAHY, and Mr. UDALL of Colo- ther self-governance by Indian tribes, enue Code of 1986 to deny tax deduc- rado): and for other purposes. tions for corporate regulatory viola- S. Res. 363. A resolution celebrating Black History Month; considered and agreed to. S. 1280 tions. At the request of Ms. STABENOW, the S. 1756 f name of the Senator from Washington At the request of Mr. BLUNT, the ADDITIONAL COSPONSORS (Ms. CANTWELL) was added as a cospon- name of the Senator from Idaho (Mr. S. 315 sor of S. 1280, a bill to amend the Inter- RISCH) was added as a cosponsor of S. At the request of Ms. KLOBUCHAR, the nal Revenue Code of 1986 to provide for 1756, a bill to amend section 403 of the names of the Senator from Ohio (Mr. the deductibility of charitable con- Federal Food, Drug and Cosmetic Act tributions to agricultural research or- BROWN) and the Senator from Montana to improve and clarify certain disclo- ganizations, and for other purposes. (Mr. TESTER) were added as cosponsors sure requirements for restaurants, of S. 315, a bill to reauthorize and ex- S. 1323 similar retail food establishments, and tend the Paul D. Wellstone Muscular At the request of Mrs. FEINSTEIN, the vending machines. Dystrophy Community Assistance, Re- name of the Senator from Alaska (Mr. S. 1862 search, and Education Amendments of BEGICH) was added as a cosponsor of S. At the request of Mr. BLUNT, the 1323, a bill to address the continued 2008. name of the Senator from Oklahoma threat posed by dangerous synthetic (Mr. INHOFE) was added as a cosponsor S. 345 drugs by amending the Controlled Sub- of S. 1862, a bill to grant the Congres- At the request of Mrs. SHAHEEN, the stances Act relating to controlled sub- sional Gold Medal, collectively, to the name of the Senator from Maine (Ms. stance analogues. Monuments Men, in recognition of COLLINS) was added as a cosponsor of S. S. 1332 their heroic role in the preservation, 345, a bill to reform the Federal sugar At the request of Ms. COLLINS, the protection, and restitution of monu- program, and for other purposes. name of the Senator from Minnesota ments, works of art, and artifacts of S. 357 (Mr. FRANKEN) was added as a cospon- cultural importance during and fol- At the request of Mr. CARDIN, the sor of S. 1332, a bill to amend title lowing World War II. name of the Senator from New Jersey XVIII of the Social Security Act to en- S. 1956 (Mr. MENENDEZ) was added as a cospon- sure more timely access to home At the request of Mr. SCHATZ, the sor of S. 357, a bill to encourage, en- health services for Medicare bene- name of the Senator from New Hamp- hance, and integrate Blue Alert plans ficiaries under the Medicare program. shire (Mrs. SHAHEEN) was added as a co- throughout the United States in order S. 1406 sponsor of S. 1956, a bill to direct the to disseminate information when a law At the request of Ms. AYOTTE, the Secretary of Defense to review the dis- enforcement officer is seriously injured name of the Senator from Colorado charge characterization of former or killed in the line of duty. (Mr. BENNET) was added as a cosponsor members of the Armed Forces who S. 411 of S. 1406, a bill to amend the Horse were discharged by reason of the sexual At the request of Mr. ROCKEFELLER, Protection Act to designate additional orientation of the member, and for the name of the Senator from Ohio unlawful acts under the Act, strength- other purposes. (Mr. BROWN) was added as a cosponsor en penalties for violations of the Act, S. 1982 of S. 411, a bill to amend the Internal improve Department of Agriculture en- At the request of Mr. KAINE, his Revenue Code of 1986 to extend and forcement of the Act, and for other name was added as a cosponsor of S. modify the railroad track maintenance purposes. 1982, a bill to improve the provision of credit. S. 1410 medical services and benefits to vet- S. 623 At the request of Mr. DURBIN, the erans, and for other purposes. At the request of Mr. CARDIN, the name of the Senator from New Mexico At the request of Mr. SANDERS, the name of the Senator from Oklahoma (Mr. UDALL) was added as a cosponsor name of the Senator from Wisconsin (Mr. INHOFE) was added as a cosponsor of S. 1410, a bill to focus limited Fed- (Ms. BALDWIN) was added as a cospon- of S. 623, a bill to amend title XVIII of eral resources on the most serious of- sor of S. 1982, supra. the Social Security Act to ensure the fenders. S. 2000 continued access of Medicare bene- S. 1431 At the request of Mr. MCCAIN, his ficiaries to diagnostic imaging serv- At the request of Mr. WYDEN, the name was added as a cosponsor of S. ices. name of the Senator from South Caro- 2000, a bill to amend title XVIII of the lina (Mr. GRAHAM) was added as a co- Social Security Act to repeal the Medi- S. 810 sponsor of S. 1431, a bill to perma- care sustainable growth rate and im- At the request of Mr. DONNELLY, the nently extend the Internet Tax Free- prove Medicare payments for physi- name of the Senator from Connecticut dom Act. cians and other professionals, and for (Mr. MURPHY) was added as a cosponsor S. 1495 other purposes. of S. 810, a bill to require a pilot pro- At the request of Mr. CASEY, the S. 2012 gram on an online computerized assess- names of the Senator from California At the request of Mr. WHITEHOUSE, ment to enhance detection of behaviors (Mrs. FEINSTEIN) and the Senator from the name of the Senator from Arizona indicating a risk of suicide and other Massachusetts (Mr. MARKEY) were (Mr. MCCAIN) was added as a cosponsor mental health conditions in members added as cosponsors of S. 1495, a bill to of S. 2012, a bill to amend the Con- of the Armed Forces, and for other pur- direct the Administrator of the Federal trolled Substances Act to more effec- poses. Aviation Administration to issue an tively regulate anabolic steroids. S. 862 order with respect to secondary cock- S. 2024 At the request of Ms. AYOTTE, the pit barriers, and for other purposes. At the request of Mr. CRUZ, the name of the Senator from New Hamp- S. 1587 names of the Senator from Oklahoma shire (Mrs. SHAHEEN) was added as a co- At the request of Mr. MARKEY, the (Mr. INHOFE) and the Senator from Mis- sponsor of S. 862, a bill to amend sec- name of the Senator from New Hamp- sissippi (Mr. COCHRAN) were added as tion 5000A of the Internal Revenue shire (Mrs. SHAHEEN) was added as a co- cosponsors of S. 2024, a bill to amend Code of 1986 to provide an additional sponsor of S. 1587, a bill to post- chapter 1 of title 1, United States Code, religious exemption from the indi- humously award the Congressional with regard to the definition of ‘‘mar- vidual health coverage mandate. Gold Medal to each of Glen Doherty riage’’ and ‘‘spouse’’ for Federal pur- S. 919 and Tyrone Woods in recognition of poses and to ensure respect for State At the request of Ms. CANTWELL, the their contributions to the Nation. regulation of marriage. name of the Senator from Massachu- S. 1654 S. 2036 setts (Ms. WARREN) was added as a co- At the request of Mr. REED, the name At the request of Mr. HARKIN, the sponsor of S. 919, a bill to amend the of the Senator from Vermont (Mr. names of the Senator from Hawaii (Ms.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1176 CONGRESSIONAL RECORD — SENATE February 26, 2014 HIRONO) and the Senator from Wis- velop and direct the operations of an Honolulu, Hawaii. This consulate will consin (Ms. BALDWIN) were added as co- enterprise in which they invested a help further bilateral ties and benefit sponsors of S. 2036, a bill to protect all substantial amount of capital. from its proximity to the heart Ha- school children against harmful and These non-immigrant visas are dis- waii’s financial district and head- life-threatening seclusion and restraint tinct from EB–5 investor immigrant quarters of U.S. Pacific Command. practices. visas, H1–B work visas and B–1 business U.S. citizens are already eligible for S. CON. RES. 32 visitor visas. Because of the unique a similar visa in New Zealand. I en- At the request of Mr. DURBIN, the structure of E–1 and E–2 visas, they are courage my colleagues to join me in name of the Senator from Connecticut scrutinized closely by the State De- supporting this important initiative to (Mr. MURPHY) was added as a cosponsor partment so that they directly support allow them to do the same here to cre- of S. Con. Res. 32, a concurrent resolu- economic activity and jobs in the ate jobs in our country. tion expressing the sense of Congress United States. f Allowing New Zealanders to apply for regarding the need for investigation SUBMITTED RESOLUTIONS and prosecution of war crimes, crimes these visas would directly promote job against humanity, and genocide, creation. In 2010, New Zealand-owned U.S. firms in the United States sup- whether committed by officials of the SENATE RESOLUTION 362—SUP- ported 10,900 American jobs. By the end Government of Syria, or members of PORTING THE GOALS AND of 2011, the total value of direct invest- other groups involved in civil war in IDEALS OF ‘‘CAREER AND TECH- ment from New Zealand to the United Syria, and calling on the President to NICAL EDUCATION MONTH’’ States reached $6 billion. While these direct the United States Permanent Mr. KAINE (for himself, Mr. Representative to the United Nations positive trends continue, the New Zea- land government and New Zealand PORTMAN, and Ms. BALDWIN) submitted to use the voice and vote of the United the following resolution; which was re- States to immediately promote the es- businesses have indicated that the lack of E–1 and E–2 visas is a dominant fac- ferred to the Committee on the Judici- tablishment of a Syrian war crimes tri- ary: bunal, and for other purposes. tor impeding further investment in our country. S. RES. 362 S. RES. 203 The Encouraging Trade and Invest- Whereas a competitive global economy re- At the request of Mrs. FEINSTEIN, the ment from New Zealand Act would fix quires workers to be trained in skilled pro- name of the Senator from Hawaii (Mr. that. Because of the changes in our fessions; SCHATZ) was added as a cosponsor of S. treaty practices, the E–1 and E–2 visas Whereas in a National Association of Man- Res. 203, a resolution expressing the can only be extended to New Zealand ufacturers report, 80 percent of respondents indicate a moderate to severe shortage of sense of the Senate regarding efforts by through legislation. Historically, we the United States to resolve the qualified skilled production employees, in- extended trade and investment visas to cluding frontline workers, such as machin- Israeli-Palestinian conflict through a any country possessing a treaty of negotiated two-state solution. ists, operators, craft workers, distributors, friendship, commerce, and navigation and technicians; AMENDMENT NO. 2752 with the United States or through Whereas career and technical education At the request of Mr. JOHANNS, his other agreements. (referred to in this preamble as ‘‘CTE’’) has name was added as a cosponsor of Today more than 50 countries have proven to be an effective solution to ensure amendment No. 2752 intended to be pro- access to E–1, trade, visas, and more that competitive, skilled workers are ready, posed to S. 1982, a bill to improve the than 80 countries have access to E–2, willing, and capable of holding jobs in high- provision of medical services and bene- wage, high-skill, and in-demand career investors, visas. In recent years, the fields, such as science, technology, engineer- fits to veterans, and for other purposes. U.S. government has generally stopped ing, and mathematics disciplines, nursing, f pursuing treaties of friendship, com- allied health, construction, information STATEMENTS ON INTRODUCED merce, and navigation. technology, energy sustainability, and many Indeed, in 2012, Congress enacted leg- other fields that are vital in keeping the BILLS AND JOINT RESOLUTIONS islation extending E–1 and E–2 visas to United States competitive in the global By Ms. HIRONO (for herself, Mr. Israel. It is now the right time to do economy; LEE, Mr. MCCAIN, Mr. RUBIO, the same for New Zealand. Whereas approximately 14,000,000 students Mr. SCHUMER, and Mrs. MUR- Attracting trade and investment cap- are enrolled in CTE programs, which exist in each State and in nearly 1,300 public high RAY): ital from New Zealand would bolster schools and 1,700 2-year colleges across the S. 2048. A bill to include New Zealand the reach of the United States’ econ- United States; in the list of foreign states whose na- omy in the fast growing Asia-Pacific Whereas 10 of the 20 fastest growing occu- tionals are eligible for admission into region. President Obama has made en- pations in the United States require an asso- the United States as E–1 and E–2 non- gagement with the Asia-Pacific region ciate’s degree, or a degree with fewer re- immigrants if United States nationals a top economic and security priority, quirements; are treated similarly by the Govern- the so called ‘‘pivot to Asia,’’ and New Whereas 13 of the 20 occupations with the ment of New Zealand; to the Com- Zealand is a valued strategic partner. largest number of new jobs projected require mittee on the Judiciary. on-the-job training and an associate’s degree Extending trade and investment or certificate, and nearly all such occupa- Ms. HIRONO. Mr. President, today, I visas would bolster the bilateral rela- tions require real-world skills that individ- introduced bipartisan legislation that tionship, increase foreign investment, uals can master through CTE; would promote trade and investment in and strengthen America’s ties to the Whereas CTE matches employability skills America from a critical partner of ours Asia-Pacific region. Every state will with workforce demand and provides rel- in the Asia-Pacific region, New Zea- gain from greater trade and investment evant academic and technical coursework, land. I want to thank Senators LEE, from New Zealand. In 2012 over 350,000 leading to industry-recognized credentials MCCAIN, RUBIO, SCHUMER and MURRAY foreign traders and investors holding for secondary and postsecondary education for cosponsoring this bill and for their and adult learners; E–1 or E–2 visas came to our country Whereas CTE students are significantly support for this commonsense proposal. and managed a business in all 50 states. more likely than non-CTE students to report The Encouraging Trade and Invest- Substantial benefits will accrue to developing problem-solving, project-comple- ment from New Zealand Act would ex- Hawaii—the United States’ gateway to tion, research, mathematics, college applica- tend eligibility for E–1 and E–2 visas to Asia and the Pacific. Hawaii has re- tion, work-related, communication, time New Zealand citizens. E–1 visas are cently seen a substantial increase in management, and critical thinking skills available to certain foreign nationals tourism from New Zealand, fostered by during high school; and coming to the United States to engage increased direct flights between New Whereas students at schools with highly- in substantial trade, including trade in integrated, rigorous academic and CTE pro- Zealand and Hawaii. In fact, Hawaiian grams have significantly higher achievement services or technology principally be- Airlines is the only U.S. airline offer- in reading, mathematics, and science than tween the United States and their ing direct service to New Zealand. students at schools with less integrated pro- home country. E–2 visas are for certain New Zealand recently announced grams: Now, therefore, be it foreign investors coming here to de- that it would be opening a consulate in Resolved, That the Senate—

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1177 (1) designates the month of February as SCOTT, Ms. WARREN, Mrs. MCCASKILL, Whereas the birthdays of Abraham Lincoln ‘‘Career and Technical Education Month’’ to Mr. LEAHY, and Mr. UDALL of Colorado) and Frederick Douglass inspired the creation celebrate career and technical education submitted the following resolution; of Negro History Week, the precursor to across the United States; which was considered and agreed to: Black History Month; (2) supports the goals and ideals of Career Whereas Negro History Week represented and Technical Education Month; S. RES. 363 the culmination of the efforts of Dr. Carter (3) recognizes the importance of career and Whereas in 1776, people imagined the G. Woodson, the ‘‘Father of Black History’’, technical education in preparing a well-edu- United States as a new country dedicated to to enhance knowledge of Black history cated and skilled workforce in the United the proposition stated in the Declaration of through the Journal of Negro History, pub- States; and Independence that ‘‘all men are created lished by the Association for the Study of (4) encourages educators, counselors, and equal, that they are endowed by their Cre- African American Life and History, which administrators to promote career and tech- ator with certain unalienable Rights, that was founded by Dr. Woodson and Jesse E. nical education as an option for students. among these are Life, Liberty and the pur- Moorland; suit of Happiness . . .’’; Whereas Black History Month, celebrated Mr. KAINE. Mr. President, today I Whereas the first Africans were brought in- am submitting a resolution with Sen- during the month of February, dates back to voluntarily to the shores of America as early 1926 when Dr. Woodson set aside a special pe- ator PORTMAN designating February as as the 17th century; riod in February to recognize the heritage Career and Technical Education Whereas African Americans suffered en- and achievement of Black people of the month. slavement and subsequently faced the injus- United States; The key to America’s continued suc- tices of lynch mobs, segregation, and denial Whereas Dr. Woodson stated: ‘‘We have a cess lies in improving our Nation’s edu- of the basic and fundamental rights of citi- wonderful history behind us. . . . If you are zenship; cational system. In a National Associa- unable to demonstrate to the world that you Whereas inequalities and injustices in our have this record, the world will say to you, tion of Manufacturers report, 80 per- society still exist today; cent of respondents indicate a mod- ‘You are not worthy to enjoy the blessings of Whereas in the face of injustices, people of democracy or anything else.’ ’’; erate to severe shortage of qualified the United States of good will and of all Whereas since the founding of the United races have distinguished themselves with a skilled production employees, includ- States, the country imperfectly progressed commitment to the noble ideals on which ing frontline workers, like machinists, towards noble goals; and the United States was founded and have cou- operators, craft workers, distributors, Whereas the history of the United States is rageously fought for the rights and freedom the story of people regularly affirming high and technicians. If we are to win the of African Americans; ideals, striving to reach such ideals but often race for talent, we need a long-term Whereas African Americans, such as James failing, and then struggling to come to terms plan that produces the best workforce Beckwourth, Bill Pickett, Lieutenant Colo- with the disappointment of such failure, be- in the world. nel Allen Allensworth, and Clara Brown, fore committing to trying again: Now, there- along with many others, worked against rac- Career and technical education is a fore, be it ism to achieve success and have made sig- proven solution for creating jobs, re- Resolved, That the Senate— nificant contributions to the economic, edu- training workers with the skills they (1) acknowledges that all people of the cational, political, artistic, literary, sci- need to fill open positions in the job United States are the recipients of the entific, and technological advancements of wealth of history provided by Black culture; market, and ensuring students of all the United States, including the westward ages and all walks of life are career and expansion; (2) recognizes the importance of Black His- college ready. Career and technical Whereas the contributions of African tory Month as an opportunity to reflect on education will also help close the skills Americans from all walks of life throughout the complex history of the United States, while remaining hopeful and confident about gap to meet the needs of high-growth, the history of the United States reflect the greatness of the United States; the path ahead; skill intensive industries. Approxi- (3) acknowledges the significance of Black mately 30 percent of jobs by 2018 will Whereas Muhammad Ali, Constance Baker Motley, James Baldwin, James Beckwourth, History Month as an important opportunity require some college or a two-year as- Clara Brown, Ralph Bunche, Shirley Chis- to recognize the tremendous contributions of sociate degree, a need which can be holm, Frederick Douglass, W. E. B. Du Bois, African Americans to the history of the met by improved access to career and Ralph Ellison, Alex Haley, Dorothy Height, United States; technical education programs. Lena Horne, Charles Hamilton Houston, (4) encourages the celebration of Black History Month to provide a continuing op- Senator PORTMAN and I have also cre- Mahalia Jackson, Martin Luther King, Jr., portunity for all people in the United States ated the Senate Career and Technical the Tuskegee Airmen, Thurgood Marshall, Rosa Parks, Bill Pickett, Jackie Robinson, to learn from the past and understand the Education Caucus, a bipartisan effort experiences that have shaped the United committed to strengthening access and Sojourner Truth, Harriet Tubman, Homer Plessy, the Greensboro Four, Simeon Book- States; and improving career and technical edu- er, and Booker T. Washington each lived a (5) agrees that, while the United States cation. Through these efforts, we will life of incandescent greatness; began as a divided nation, the United States support students and grow our nation’s Whereas many African Americans lived, must— workforce by ensuring our youth have toiled, and died in obscurity, never achieving (A) honor the contribution of all pioneers access to high-quality, rigorous career the recognition they deserved, and yet paved in the United States who have helped to en- sure the legacy of the great United States; and technical education that will pre- the way for future generations to succeed; Whereas pioneers, such as Maya Angelou, and pare them for college and for their fu- (B) move forward with purpose, united tire- ture careers. Arthur Ashe, Jr., Carol Moseley Braun, Ron- ald Brown, Ursula Burns, Kenneth Chenault, lessly as ‘‘one Nation . . . indivisible, with f David Dinkins, Alexis Herman, Mae Jemison, liberty and justice for all.’’. SENATE RESOLUTION 363—CELE- Earvin ‘‘Magic’’ Johnson, Sheila Johnson, f BRATING BLACK HISTORY James Earl Jones, David Paterson, Marian Wright Edelman, Alice Walker, Oprah AMENDMENTS SUBMITTED AND MONTH Winfrey, General Colin Powell, Dr. PROPOSED Mrs. GILLIBRAND (for herself, Mrs. Condoleezza Rice, and Clarence Thomas have SA 2754. Mr. KAINE submitted an amend- HAGAN, Mr. LEVIN, Mr. CASEY, Mr. all benefitted from their forefathers and ment intended to be proposed by him to the ISAKSON, Mr. COCHRAN, Mr. BEGICH, Ms. have served as great role models and leaders bill S. 1982, to improve the provision of med- for future generations; MURKOWSKI, Mrs. MURRAY, Mr. CARDIN, ical services and benefits to veterans, and for Whereas on November 4, 2008, the people of other purposes; which was ordered to lie on Ms. LANDRIEU, Mr. WYDEN, Mrs. BOXER, the United States elected an African-Amer- the table. Mr. PRYOR, Mr. SCHUMER, Mrs. SHA- ican man, Barack Obama, as President of the SA 2755. Mr. BOOZMAN (for himself and HEEN, Mr. WHITEHOUSE, Mr. MARKEY, United States; Mr. BEGICH) submitted an amendment in- Mr. MANCHIN, Mr. MENENDEZ, Ms. STA- Whereas African Americans continue to tended to be proposed by him to the bill S. BENOW, Mr. KAINE, Ms. CANTWELL, Ms. serve the United States at the highest levels 1982, supra; which was ordered to lie on the BALDWIN, Mr. WARNER, Mr. NELSON, Mr. of government and military; table. COBURN, Ms. KLOBUCHAR, Mr. MERKLEY, Whereas on February 22, 2012, President SA 2756. Mr. HELLER submitted an amend- Barack Obama and First Lady Michelle ment intended to be proposed by him to the Ms. HIRONO, Mr. COONS, Mr. DURBIN, Obama, along with former First Lady Laura bill S. 1982, supra; which was ordered to lie Mr. ROCKEFELLER, Mr. PORTMAN, Mr. Bush, celebrated the groundbreaking of the on the table. CARPER, Mr. GRASSLEY, Mrs. FEIN- National Museum of African American His- SA 2757. Mr. HELLER (for himself, Ms. STEIN, Mr. BOOKER, Mr. SANDERS, Mr. tory and Culture on the National Mall, in HEITKAMP, and Mr. MANCHIN) submitted an KIRK, Mr. WICKER, Mr. FRANKEN, Mr. Washington, DC; amendment intended to be proposed by him

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1178 CONGRESSIONAL RECORD — SENATE February 26, 2014 to the bill S. 1982, supra; which was ordered SA 2779. Ms. COLLINS submitted an programs to ensure the highest quality edu- to lie on the table. amendment intended to be proposed by her cation is available to veterans and members SA 2758. Mr. COBURN (for himself, Mr. to the bill S. 1982, supra; which was ordered of the Armed Forces; and MCCAIN, and Mr. BURR) submitted an amend- to lie on the table. ‘‘(ii) develop, in coordination with the De- ment intended to be proposed by him to the partment of Defense, appropriate certifi- f bill S. 1982, supra; which was ordered to lie cation agencies, and other appropriate non- on the table. TEXT OF AMENDMENTS profit organizations, a plan to improve out- SA 2759. Mr. COBURN (for himself, Mr. reach to veterans and members of the Armed MCCAIN, and Mr. BURR) submitted an amend- SA 2754. Mr. KAINE submitted an Forces on the importance of licensing and ment intended to be proposed by him to the amendment intended to be proposed by certification, as well as educational benefits bill S. 1982, supra; which was ordered to lie him to the bill S. 1982, to improve the available to them.’’; on the table. provision of medical services and bene- (2) in paragraph (3)(B), by striking ‘‘and SA 2760. Mr. COBURN (for himself, Mr. fits to veterans, and for other purposes; the Secretary of Defense’’ and inserting ‘‘the MCCAIN, and Mr. BURR) submitted an amend- which was ordered to lie on the table; Secretary of Defense, and the Secretary of ment intended to be proposed by him to the as follows: Education’’; bill S. 1982, supra; which was ordered to lie (3) in paragraph (4), by striking subpara- on the table. On page 33, after line 18, add the following: graph (B) and inserting the following new SA 2761. Mr. COBURN submitted an amend- SEC. 207. COURSES UNDER EDUCATIONAL AS- subparagraph: ment intended to be proposed by him to the SISTANCE AUTHORITIES ADMINIS- ‘‘(B) The Committee shall meet with such bill S. 1982, supra; which was ordered to lie TERED BY SECRETARY OF VET- frequency as the Committee determines ap- on the table. ERANS AFFAIRS. propriate.’’; and SA 2762. Mr. COBURN (for himself, Mr. (a) IN GENERAL.—Section 3679 is amended (4) in paragraph (5), by striking ‘‘December MCCAIN, Mr. BURR, Mr. LEE, and Mr. FLAKE) by adding at the end the following new sub- 31, 2006’’ and inserting ‘‘December 31, 2019’’. submitted an amendment intended to be pro- section: (c) REPORT.—Not later than 180 days after posed by him to the bill S. 1982, supra; which ‘‘(c) A course offered by an educational in- the date of the reestablishment of the Pro- was ordered to lie on the table. stitution in a State that is a required ele- fessional Certification and Licensure Advi- SA 2763. Ms. COLLINS submitted an ment of the curriculum to be satisfied to ob- sory Committee of the Department of Vet- amendment intended to be proposed by her tain employment in an occupation or profes- erans Affairs pursuant to this section, the to the bill S. 1982, supra; which was ordered sion requiring the approval or licensure of a Committee shall submit to Congress a report to lie on the table. board or agency of that State may be treated setting forth an assessment of the feasibility SA 2764. Ms. BALDWIN submitted an as approved for purposes of this chapter by and advisability of permitting members of amendment intended to be proposed by her an individual seeking to obtain employment the Armed Forces to use educational assist- to the bill S. 1982, supra; which was ordered in that occupation or profession only if— ance to which they are entitled under chap- to lie on the table. ‘‘(1) the successful completion of the cur- ters 30 and 33 of title 38, United States Code, SA 2765. Ms. STABENOW submitted an riculum fully qualifies a student to— to obtain or pursue civilian employment cer- amendment intended to be proposed by her ‘‘(A) take any examination required for tifications or licenses without the use of to the bill S. 1982, supra; which was ordered entry into the occupation or profession, in- such assistance for that purpose being to lie on the table. cluding satisfying any State or profes- charged against the entitlement of such SA 2766. Mr. REID proposed an amendment sionally mandated programmatic and spe- members to such educational assistance. to amendment SA 2747 proposed by Mr. cialized accreditation requirements; and SANDERS to the bill S. 1982, supra. ‘‘(B) be certified or licensed or meet any SA 2755. Mr. BOOZMAN (for himself SA 2767. Mr. REID proposed an amendment other academically related pre-conditions and Mr. BEGICH) submitted an amend- to the bill S. 1982, supra. that are required for entry into the occupa- ment intended to be proposed by him SA 2768. Mr. REID proposed an amendment tion or profession; and to the bill S. 1982, to improve the provi- to amendment SA 2767 proposed by Mr. REID ‘‘(2) in the case of State licensing or profes- sion of medical services and benefits to to the bill S. 1982, supra. sionally mandated requirements for entry veterans, and for other purposes; which SA 2769. Mr. REID proposed an amendment into the occupation or profession that re- to amendment SA 2768 proposed by Mr. REID was ordered to lie on the table; as fol- quire specialized accreditation, the cur- lows: to the amendment SA 2767 proposed by Mr. riculum meets the requirement for special- Beginning on page 233, strike line 20 and REID to the bill S. 1982, supra. ized accreditation through its accreditation SA 2770. Mr. LEE submitted an amendment all that follows through page 236, line 25, and or pre-accreditation by an accrediting agen- intended to be proposed by him to the bill S. insert the following: cy or association recognized by the Sec- 1982, supra; which was ordered to lie on the SEC. 504. ADVANCE APPROPRIATIONS FOR CER- retary of Education or designated by that table. TAIN ACCOUNTS OF THE DEPART- SA 2771. Mr. LEE submitted an amendment State as a reliable authority as to the qual- MENT OF VETERANS AFFAIRS. intended to be proposed by him to the bill S. ity or training offered by the institution in (a) IN GENERAL.—Section 117 is amended— 1982, supra; which was ordered to lie on the that program.’’. (1) by striking ‘‘medical care accounts of table. (b) EFFECTIVE DATE.—The amendments the Department’’ each place it appears and SA 2772. Mr. LEE submitted an amendment made by this section shall take effect on Au- inserting ‘‘covered accounts of the Depart- intended to be proposed by him to the bill S. gust 1, 2014, and shall apply with respect to ment’’; 1982, supra; which was ordered to lie on the courses pursued on or after that date. (2) in subsection (c)— table. SEC. 208. REVIVAL OF PROFESSIONAL CERTIFI- (A) by striking ‘‘medical care accounts of SA 2773. Mr. LEE submitted an amendment CATION AND LICENSURE ADVISORY the Veterans Health Administration, Depart- intended to be proposed by him to the bill S. COMMITTEE OF THE DEPARTMENT ment of Veterans Affairs account’’ and in- 1982, supra; which was ordered to lie on the OF VETERANS AFFAIRS. serting ‘‘accounts of the Department of Vet- table. (a) IN GENERAL.—The Secretary of Vet- erans Affairs account’’; SA 2774. Mr. LEE submitted an amendment erans Affairs shall reestablish the Profes- (B) in paragraph (1), by inserting ‘‘Vet- intended to be proposed by him to the bill S. sional Certification and Licensure Advisory erans Health Administration,’’ after ‘‘(1)’’; 1982, supra; which was ordered to lie on the Committee of the Department of Veterans (C) in paragraph (2), by inserting ‘‘Vet- table. Affairs provided for under section 3689(e) of erans Health Administration,’’ after ‘‘(2)’’; SA 2775. Mrs. SHAHEEN (for herself, Mr. title 38, United States Code. The Committee (D) in paragraph (3), by inserting ‘‘Vet- UDALL of Colorado, Mrs. GILLIBRAND, Mr. shall be reestablished in accordance with the erans Health Administration,’’ after ‘‘(3)’’; BLUMENTHAL, and Ms. BALDWIN) submitted provisions of such section 3689(e), as amend- (E) by redesignating paragraphs (1) an amendment intended to be proposed by ed by subsection (b), and shall carry out its through (3) as paragraphs (7) through (9), re- her to the bill S. 1982, supra; which was or- duties in conformance with, and subject to spectively; dered to lie on the table. the requirements of such section, as so (F) by inserting before paragraph (7), as re- SA 2776. Mr. UDALL, of New Mexico (for amended. designated by subparagraph (E), the fol- himself and Mr. HELLER) submitted an (b) MODIFICATION OF AUTHORITIES AND RE- lowing new paragraphs: amendment intended to be proposed by him QUIREMENTS.—Section 3689(e) is amended— ‘‘(1) Veterans Benefits Administration, to the bill S. 1982, supra; which was ordered (1) in paragraph (2)— Compensation and Pensions. to lie on the table. (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and ‘‘(2) Veterans Benefits Administration, Re- SA 2777. Mr. UDALL, of New Mexico sub- (B) by adding at the end the following new adjustment Benefits. mitted an amendment intended to be pro- subparagraph: ‘‘(3) Veterans Benefits Administration, posed by him to the bill S. 1982, supra; which ‘‘(B) In addition to the duties under sub- Veterans Insurance and Indemnities. was ordered to lie on the table. paragraph (A), the Committee shall— ‘‘(4) Veterans Benefits Administration, SA 2778. Mr. BOOKER submitted an ‘‘(i) develop, in coordination with other ap- Veterans Housing Benefit Program Fund. amendment intended to be proposed by him propriate agencies, guidance to be used by ‘‘(5) Veterans Benefits Administration, Vo- to the bill S. 1982, supra; which was ordered the Department or other entities to perform cational Rehabilitation Loans Program Ac- to lie on the table. periodic audits of licensure and certification count.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1179 ‘‘(6) Veterans Benefits Administration, Na- ond paragraph (37), as added by section through not more than 15 regional offices of tive American Veteran Housing Loan Pro- 11(a)(2) of the GPRA Modernization Act of the Department of Veterans Affairs. gram Account.’’;and 2010 (Public Law 111–352; 124 Stat. 3881), as ‘‘(2) SELECTION.—The Secretary shall select (G) by adding at the end the following new paragraph (39). the regional offices under paragraph (1) by paragraphs: analyzing appropriate data to determine the ‘‘(10) Veterans Health Administration, SA 2756. Mr. HELLER submitted an regional offices that require support. Such Medical and Prosthetic Research. amendment intended to be proposed by appropriate data shall include— ‘‘(11) National Cemetery Administration. him to the bill S. 1982, to improve the ‘‘(A) the number of backlogged claims; ‘‘(12) Departmental Administration, Gen- provision of medical services and bene- ‘‘(B) the total pending case workload; eral Administration. fits to veterans, and for other purposes; ‘‘(C) the length of time cases have been ‘‘(13) Departmental Administration, Gen- pending; eral Operating Expenses, Veterans Benefits which was ordered to lie on the table; ‘‘(D) the accuracy of completed cases; Administration. as follows: ‘‘(E) the overall timeliness of completed ‘‘(14) Departmental Administration, Infor- On page 291, after line 21, add the fol- cases; mation Technology Systems. lowing: ‘‘(F) the availability and workload of the ‘‘(15) Departmental Administration, Office Subtitle E—Other Matters examination units and physicians of the of Inspector General. medical centers in the regional office; and ‘‘(16) Departmental Administration, Con- SEC. 641. IMPROVEMENTS TO AUTHORITY FOR ‘‘(G) any other data the Secretary deter- PERFORMANCE OF MEDICAL DIS- struction, Major Projects. mines appropriate. ‘‘(17) Departmental Administration, Con- ABILITIES EXAMINATIONS BY CON- TRACT PHYSICIAN. ‘‘(3) ANNUAL ANALYSIS.—The Secretary struction, Minor Projects. (a) EXTENSION OF TEMPORARY AUTHORITY.— shall carry out the data analysis of the re- ‘‘(18) Departmental Administration, Grants Subsection (c) of section 704 of the Veterans gional offices under paragraph (2) during for Construction of State Extended Care Fa- Benefits Act of 2003 (Public Law 108–183; 38 each year in which the program under this cilities. U.S.C. 5101 note) is amended by striking ‘‘De- section is carried out to determine the re- ‘‘(19) Departmental Administration, Grants cember 31, 2014’’ and inserting ‘‘December 31, gional offices selected under paragraph (1) for Construction of Veterans Cemeteries.’’; 2016’’. for such year.’’. (H) in the subsection heading, by striking (b) LICENSURE OF CONTRACT PHYSICIANS.— ‘‘MEDICAL CARE ACCOUNTS’’ and inserting Mr. HELLER (for himself, (1) TEMPORARY AUTHORITY.—Such section SA 2757. ‘‘COVERED ACCOUNTS’’; and 704 is further amended— Ms. HEITKAMP, and Mr. MANCHIN) sub- (3) in the section heading, by striking (A) by redesignating subsection (d) as sub- mitted an amendment intended to be ‘‘CERTAIN MEDICAL CARE ACCOUNTS’’ section (e); and proposed by him to the bill S. 1982, to and inserting ‘‘CERTAIN ACCOUNTS’’. (B) by inserting after subsection (c) the fol- (b) EFFECTIVE DATE.—The amendments improve the provision of medical serv- made by subsection (a) shall apply with re- lowing new subsection (d): ices and benefits to veterans, and for spect to fiscal year 2016 and each subsequent ‘‘(d) LICENSURE OF CONTRACT PHYSICIANS.— other purposes; which was ordered to fiscal year. ‘‘(1) IN GENERAL.—Notwithstanding any law lie on the table; as follows: regarding the licensure of physicians, a phy- (c) CONFORMING AMENDMENT.—Section 1105 At the end of title IX, add the following: sician described in paragraph (2) may con- of title 31, United States Code, is amended by SEC. 918. EXCLUSION FROM INCOME. duct an examination pursuant to a contract striking the first paragraph (37) and insert- Section 3(b)(4) of the United States Hous- entered into under subsection (b) at any lo- ing the following: ing Act of 1937 (42 U.S.C. 1437a(b)(4)) is cation in any State, the District of Colum- ‘‘(37) information on estimates of appro- amended— bia, or a Commonwealth, territory, or pos- priations for the fiscal year following the fis- (1) by striking ‘‘and any amounts’’ and in- session of the United States, so long as the cal year for which the budget is submitted serting ‘‘, any amounts’’; examination is within the scope of the au- for the following accounts of the Department (2) by striking ‘‘or any deferred’’ and in- thorized duties under such contract. of Veterans Affairs: serting ‘‘, any deferred’’; and ‘‘(2) PHYSICIAN DESCRIBED.—A physician de- ‘‘(A) Veterans Benefits Administration, (3) by inserting after ‘‘prospective monthly scribed in this paragraph is a physician Compensation and Pensions. amounts’’ the following: ‘‘, and any reim- who— ‘‘(B) Veterans Benefits Administration, Re- bursement related to aid and attendance as ‘‘(A) has a current license to practice the adjustment Benefits. detailed under section 1521 of title 38, United health care profession of the physician; and ‘‘(C) Veterans Benefits Administration, States Code’’. Veterans Insurance and Indemnities. ‘‘(B) is performing authorized duties for ‘‘(D) Veterans Benefits Administration, the Department of Veterans Affairs pursuant SA 2758. Mr. COBURN (for himself, Veterans Housing Benefit Program Fund. to a contract entered into under subsection Mr. MCCAIN, and Mr. BURR) submitted ‘‘(E) Veterans Benefits Administration, (b).’’. an amendment intended to be proposed (2) PILOT PROGRAM.—Section 504 of the Vet- Vocational Rehabilitation Loans Program by him to the bill S. 1982, to improve Account. erans’ Benefits Improvement Act of 1996 ‘‘(F) Veterans Benefits Administration, (Public Law 104–275; 38 U.S.C. 5101 note) is the provision of medical services and Native American Veteran Housing Loan Pro- amended— benefits to veterans, and for other pur- gram Account. (A) by redesignating subsections (c) and (d) poses; which was ordered to lie on the ‘‘(G) Veterans Health Administration, as subsections (d) and (e), respectively; and table; as follows: Medical Services. (B) by inserting after subsection (b) the On page 76, between lines 8 and 9, insert ‘‘(H) Veterans Health Administration, following new subsection (c): the following: Medical Support and Compliance. ‘‘(c) LICENSURE OF CONTRACT PHYSICIANS.— SEC. 330. PUBLICATION OF INFORMATION ON ‘‘(I) Veterans Health Administration, Med- ‘‘(1) IN GENERAL.—Notwithstanding any law PROVISION OF HEALTH CARE BY DE- ical Facilities. regarding the licensure of physicians, a phy- PARTMENT OF VETERANS AFFAIRS. ‘‘(J) Veterans Health Administration, Med- sician described in paragraph (2) may con- (a) PUBLICATION OF INFORMATION.— ical and Prosthetic Research. duct an examination pursuant to a contract (1) IN GENERAL.—Not later than 180 days ‘‘(K) National Cemetery Administration. entered into under subsection (a) at any lo- after the date of the enactment of this Act, ‘‘(L) Departmental Administration, Gen- cation in any State, the District of Colum- and every 180 days thereafter, the Secretary eral Administration. bia, or a Commonwealth, territory, or pos- of Veterans Affairs shall publish on an Inter- ‘‘(M) Departmental Administration, Gen- session of the United States, so long as the net database of the Department of Veterans eral Operating Expenses, Veterans Benefits examination is within the scope of the au- Affairs available to the public information Administration. thorized duties under such contract. on the provision of health care by the De- ‘‘(N) Departmental Administration, Infor- ‘‘(2) PHYSICIAN DESCRIBED.—A physician de- partment of Veterans Affairs. mation Technology Systems. scribed in this paragraph is a physician (2) ELEMENTS.— ‘‘(O) Departmental Administration, Office who— (A) IN GENERAL.—Each publication re- of the Inspector General. ‘‘(A) has a current license to practice the quired by paragraph (1) shall include, with ‘‘(P) Departmental Administration, Con- health care profession of the physician; and respect to each medical facility of the De- struction, Major Projects. ‘‘(B) is performing authorized duties for partment during the 180-day period preceding ‘‘(Q) Departmental Administration, Con- the Department of Veterans Affairs pursuant such publication, the following: struction, Minor Projects. to a contract entered into under subsection (i) An assessment of the outcomes of each ‘‘(R) Departmental Administration, Grants (a).’’. surgical procedure with respect to each pa- for Construction of State Extended Care Fa- (c) EXPANSION OF PILOT PROGRAM.—Sub- tient, including— cilities. section (b) of such section 504 is amended to (I) the quality of such procedure; ‘‘(S) Departmental Administration, Grants read as follows: (II) any complications that occurred dur- for Construction of Veterans Cemeteries.’’. ‘‘(b) LOCATIONS.— ing such procedure; and (d) TECHNICAL CORRECTION.—Such section ‘‘(1) NUMBER.—The Secretary may carry (III) the safety of such patient in connec- is further amended by redesignating the sec- out the pilot program under this section tion with such procedure.

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(ii) The average length of stay for inpa- ‘‘§ 1703A. Program to allow individuals eligi- (b) ELIGIBLE INDIVIDUALS.—Eligible indi- tient care. ble for health care from Department to re- viduals described in this subsection are vet- (iii) A description of any hospital-acquired ceive such care from non-Department enti- erans, surviving spouses of veterans, spouses condition acquired by any patient. ties of veterans, and children of veterans (as (iv) The rate of readmission of patients ‘‘(a) IN GENERAL.—(1) Commencing not those terms are defined in section 101 of title within 30 days of release. later than one year after the date of the en- 38, United States Code) who are eligible for (v) The rate of mortality of patients within actment of the Comprehensive Veterans health care and services under the laws ad- 30 days of release. Health and Benefits and Military Retirement ministered by the Secretary. (vi) The rate at which opiods are prescribed Pay Restoration Act of 2014, the Secretary (c) PROVIDERS AND FACILITIES.—In carrying to each patient. shall carry out a program to provide health out the pilot program under this section, the (vii) An assessment of the outcomes of care and services to eligible individuals de- Secretary shall select such non-Department mental health treatment with respect to scribed in subsection (b) through non-De- providers and such non-Department facilities each patient, including— partment providers and suppliers. as the Secretary considers appropriate to (I) the suicide rate; and ‘‘(2) For purposes of this section: provide health care and services as described (II) the safety of such patient in connec- ‘‘(A) The term ‘provider’ means a provider in subsection (a). tion with such mental health treatment. of services, as that term is defined in sub- (d) LOCATIONS.— (viii) An assessment of the outcomes of section (u) of section 1861 of the Social Secu- (1) IN GENERAL.—Subject to paragraph (3), nursing home treatment, if any, with respect rity Act (42 U.S.C. 1395x), participating in the Secretary shall carry out the pilot pro- to each patient, including the safety of such the Medicare program under title XVIII of gram at not more than 40 locations selected patient in connection with such nursing such Act. by the Secretary for purposes of the pilot home treatment. ‘‘(B) The term ‘supplier’ means a supplier, program, which shall include at least one lo- (ix) The average wait time for emergency as that term is defined in subsection (d) of cation within each Veterans Integrated Serv- room treatment. such section, participating in the Medicare ice Network (VISN). (x) A description of any scheduling backlog program under title XVIII of such Act. (2) PRIORITY.—In selecting locations under with respect to patient appointments. ‘‘(b) ELIGIBLE INDIVIDUALS.—An eligible in- paragraph (1), the Secretary shall give pri- (B) ADDITIONAL ELEMENTS.—The Secretary dividual described in this subsection is an in- ority consideration to those locations in may include in each publication required by dividual who— which individuals seeking primary care ap- paragraph (1) any additional information on ‘‘(1) is a veteran, surviving spouse of a vet- pointments at the nearest medical facility of the safety of facilities of the Department, eran, spouse of a veteran, or a child of a vet- the Department of Veterans Affairs have the health outcomes at such facilities, and qual- eran; and longest average wait time. ity of care at such facilities as the Secretary ‘‘(2) is eligible for health care and services (3) ADDITIONAL LOCATIONS.—The Secretary considers appropriate. under the laws administered by the Sec- may expand the pilot program to include (3) SEARCHABILITY.—The Secretary shall retary. more than 40 locations as the Secretary con- ensure that the Internet database required ‘‘(c) RESTRICTION ON CERTAIN PROVIDERS siders appropriate on the earlier of— by paragraph (1) is searchable by State, city, AND SUPPLIERS.—The Secretary may restrict (A) the date that the Secretary determines and facility. a provider or supplier from providing care that the pilot program— (4) PERSONAL INFORMATION.—The Secretary and services under the program if the Sec- (i) is cost effective, feasible, and advisable; shall ensure that personal information con- retary determines that veterans have re- and nected to information published under para- ceived substandard care from that provider (ii) has equal or better outcomes and satis- graph (1) is protected from disclosure as re- or supplier. faction among veterans as compared to quired by applicable law. ‘‘(d) PAYMENTS TO PROVIDERS AND SUP- health care and services received through PLIERS.—(1) Subject to paragraph (2), pay- (b) COMPTROLLER GENERAL REPORT.—Not providers and facilities of the Department; later than 180 days after the date of the en- ment rates to providers and suppliers for the or actment of this Act, the Comptroller General provision of care and services under the pro- (B) three years after the date of the com- of the United States shall submit to Con- gram shall not exceed the payment rates mencement of the pilot program. gress a report setting forth recommenda- under the fee-for-service program under the (e) PAYMENTS TO PROVIDERS AND FACILI- tions for additional elements to be included Medicare program under title XVIII of the TIES.— with the information published under sub- Social Security Act (42 U.S.C. 1355 et seq.) (1) PAYMENT RATES.—Subject to paragraph section (a) to improve the evaluation and as- for a comparable item or service. (2), in carrying out the pilot program under ‘‘(2) The Secretary shall ensure that the sessment of the safety and health of individ- this section, the Secretary shall specify the aggregate amount paid to non-Department uals receiving care under the laws adminis- rates by which non-Department providers providers and suppliers for the provision of tered by the Secretary and the quality of and non-Department facilities are paid for care and services under the program does not care received by such individuals. the provision of care and services under the exceed the cost of providing such care and pilot program. services through the Department.’’. (2) LIMITATION.—The Secretary shall en- SA 2759. Mr. COBURN (for himself, (b) CLERICAL AMENDMENT.—The table of sure that the aggregate amount paid to non- Mr. MCCAIN, and Mr. BURR) submitted sections at the beginning of chapter 17 is Department providers and non-Department an amendment intended to be proposed amended by inserting after the item relating facilities for the provision of care and serv- by him to the bill S. 1982, to improve to section 1703 the following new item: ices under the pilot program does not exceed the provision of medical services and ‘‘1703A. Program to allow individuals eligible the cost of providing such care and services for health care from Depart- benefits to veterans, and for other pur- through providers and facilities of the De- ment to receive such care from partment. poses; which was ordered to lie on the non-Department entities.’’. table; as follows: SA 2762. Mr. COBURN (for himself, On page 34, strike line 6 and all that fol- SA 2761. Mr. COBURN submitted an Mr. MCCAIN, Mr. BURR, Mr. LEE, and lows through page 38, line 22. amendment intended to be proposed by Mr. FLAKE) submitted an amendment him to the bill S. 1982, to improve the intended to be proposed by him to the provision of medical services and bene- SA 2760. Mr. COBURN (for himself, bill S. 1982, to improve the provision of fits to veterans, and for other purposes; Mr. MCCAIN, and Mr. BURR) submitted medical services and benefits to vet- which was ordered to lie on the table; an amendment intended to be proposed erans, and for other purposes; which as follows: by him to the bill S. 1982, to improve was ordered to lie on the table; as fol- the provision of medical services and On page 76, between lines 8 and 9, insert lows: the following: benefits to veterans, and for other pur- On page 367, after line 14, insert the fol- SEC. 330. PILOT PROGRAM TO ALLOW INDIVID- poses; which was ordered to lie on the UALS ELIGIBLE FOR HEALTH CARE lowing: table; as follows: FROM DEPARTMENT OF VETERANS SEC. 817. LIMITATION ON IMPLEMENTATION OF AFFAIRS TO RECEIVE SUCH CARE NEW PROGRAMS AND EXPANSION OF On page 76, between lines 8 and 9, insert FROM NON-DEPARTMENT ENTITIES. EXISTING PROGRAMS. the following: (a) IN GENERAL.—Not later than one year Notwithstanding any other provision of SEC. 330. PROGRAM TO ALLOW INDIVIDUALS ELI- after the date of the enactment of this Act, this Act, the Secretary of Veterans Affairs GIBLE FOR HEALTH CARE FROM DE- the Secretary of Veterans Affairs shall com- may not implement any new program or ex- PARTMENT OF VETERANS AFFAIRS mence a pilot program to assess the feasi- pand any existing program pursuant to any TO RECEIVE SUCH CARE FROM NON- bility and advisability of providing health provision of this Act until the Comptroller DEPARTMENT ENTITIES. care and services to eligible individuals de- General of the United States certifies to (a) IN GENERAL.—Chapter 17 is amended by scribed in subsection (b) through non-De- Congress that the Secretary is meeting all inserting after section 1703 the following new partment providers and at non-Department strategic targets for every program measure section: facilities. established in the report of the Department

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1181 of Veterans Affairs entitled ‘‘2013 Perform- (D) Such recommendations as the Sec- (B) the success of such veteran in pursuing ance and Accountability Report’’. retary may have for legislative or adminis- and completing educational opportunities; trative action to facilitate a relationship de- (C) the interpersonal relationships of such SA 2763. Ms. COLLINS submitted an scribed in subsection (c) or otherwise better veteran, including relationships with family amendment intended to be proposed by address military sexual trauma in a veteran members; and her to the bill S. 1982, to improve the community. (D) the success of such veteran in achiev- provision of medical services and bene- SEC. 366. REPORT ON FEASIBILITY AND ADVIS- ing stable housing. fits to veterans, and for other purposes; ABILITY OF SUPPORTING PARTNER- SHIPS TO PROVIDE SERVICES TO Mr. REID proposed an which was ordered to lie on the table; SA 2766. VETERANS WHO ARE SURVIVORS OF amendment to amendment SA 2747 pro- as follows: MILITARY SEXUAL TRAUMA. (a) REPORT REQUIRED.—Not later than one posed by Mr. SANDERS to the bill S. On page 291, after line 21, add the fol- 1982, to improve the provision of med- lowing: year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ical services and benefits to veterans, Subtitle E—Other Claims Processing Matters submit to Congress a report on the feasi- and for other purposes; as follows: SEC. 641. INSPECTOR GENERAL INVESTIGATION bility and advisability of supporting partner- At the end, add the following: INTO WHETHER EMPLOYEES OF DE- ships between local medical facilities (as de- PARTMENT OF VETERANS AFFAIRS This Act shall become effective 1 day after DESTROYED FILES TO MISREPRE- fined in section 8101 of title 38, United States enactment. SENT BACKLOG OF CLAIMS. Code) with organizations described in sub- (a) IN GENERAL.—Not later than 30 days section (b) to provide services (including SA 2767. Mr. REID proposed an after the date of the enactment of this Act, mental health services and trauma-informed amendment to the bill S. 1982, to im- the Inspector General of the Department of services) to veterans who are survivors of military sexual trauma. prove the provision of medical services Veterans Affairs shall commence an inves- and benefits to veterans, and for other tigation to assess whether employees of the (b) COVERED ORGANIZATIONS.—Organiza- Department of Veterans Affairs have de- tions described in this subsection are civil- purposes; as follows: stroyed files in order to misrepresent the ian organizations, including the following: At the end, add the following: backlog of claims filed with the Secretary of (1) Nonprofit, nongovernmental organiza- This Act shall become effective 3 days Veterans Affairs for benefits under laws ad- tions. after enactment. ministered by the Secretary. (2) Religious or community-based organi- (b) INITIAL REPORT.—Not later than 90 days zations. SA 2768. Mr. REID proposed an after the date of the enactment of this Act, (3) Federally qualified health centers. amendment to amendment SA 2767 pro- (4) The Indian Health Service. the Inspector General shall submit to Con- posed by Mr. REID to the bill S. 1982, to gress a report on the findings of the Inspec- (c) CONTENTS.—The report required by sub- section (a) shall include the following: improve the provision of medical serv- tor General with respect to the investigation ices and benefits to veterans, and for carried out pursuant to subsection (a). (1) An assessment of the effect of the Pa- tient-Center Community Care program of other purposes; as follows: SA 2764. Ms. BALDWIN submitted an the Department of Veterans Affairs on the In the amendment, strike ‘‘3 days’’ and in- amendment intended to be proposed by provision of specialty care for survivors of sert ‘‘4 days’’. her to the bill S. 1982, to improve the military sexual trauma. (2) An assessment of the feasibility and ad- provision of medical services and bene- SA 2769. Mr. REID proposed an visability of supporting partnerships as de- amendment to amendment SA 2768 pro- fits to veterans, and for other purposes; scribed in subsection (a) in not fewer than posed by Mr. REID to the amendment which was ordered to lie on the table; three Veterans Integrated Service Networks. as follows: (3) Recommendations as to the kinds or SA 2767 proposed by Mr. REID to the On page 131, after line 19, add the fol- types of organizations to which medical fa- bill S. 1982, to improve the provision of lowing: cilities should partner as described in sub- medical services and benefits to vet- SEC. 365. AGREEMENTS WITH ORGANIZATIONS section (a), including recommendations on erans, and for other purposes; as fol- TO PROVIDE SERVICES TO VET- the following: lows: ERANS WHO ARE SURVIVORS OF (A) Nonprofit, nongovernmental organiza- In the amendment, strike ‘‘4 days’’ and in- MILITARY SEXUAL TRAUMA. tions, the primary purpose of which is to sert ‘‘5 days’’. (a) MEMORANDA OF UNDERSTANDING.—The provide services to survivors of military sex- Secretary of Veterans Affairs may enter into ual trauma, sexual assault, domestic vio- SA 2770. Mr. LEE submitted an a memorandum of understanding with an or- lence, family violence, or stalking. ganization described in subsection (b) to pro- (B) Religious or community-based organi- amendment intended to be proposed by vide services to veterans who are survivors zations that specialize in working with sur- him to the bill S. 1982, to improve the of military sexual trauma. vivors described in subparagraph (A). provision of medical services and bene- (b) COVERED ORGANIZATIONS.—Organiza- fits to veterans, and for other purposes; tions described in this subsection are civil- SA 2765. Ms. STABENOW submitted which was ordered to lie on the table; ian organizations, including the following: an amendment intended to be proposed as follows: (1) Nonprofit, nongovernmental organiza- by her to the bill S. 1982, to improve Beginning on page 155, strike line 8 and all tions. the provision of medical services and that follows through page 157, line 17. (2) Religious or community-based organi- benefits to veterans, and for other pur- zations. (3) Federally qualified health centers. poses; which was ordered to lie on the SA 2771. Mr. LEE submitted an (4) The Indian Health Service. table; as follows: amendment intended to be proposed by (c) PURPOSE.—The purpose of a memoranda On page 109, strike lines 18 through 22 and him to the bill S. 1982, to improve the of understanding entered into under sub- insert the following: provision of medical services and bene- section (a) shall be to facilitate working and (2) The number of individuals participating fits to veterans, and for other purposes; collegial relationships between the senior in the pilot program at each site, which was ordered to lie on the table; leadership of the Department of Veterans Af- disaggregated by— as follows: fairs and an organization described in sub- (A) age; section (b) in order to assist the Department (B) sex; Beginning on page 132, strike line 13 and in better addressing military sexual trauma (C) disability rating; all that follows through the matter pre- in one or more veteran communities. (D) any illness or condition co-occurring ceding line 1 on page 134. (d) ANNUAL REPORTS.— with the mental health disorder for which (1) IN GENERAL.—Not less frequently than the individual is receiving treatment under SA 2772. Mr. LEE submitted an once each year, the Secretary shall submit the pilot program and with which the indi- amendment intended to be proposed by to Congress a report on any memoranda of vidual has been previously diagnosed by the him to the bill S. 1982, to improve the understanding entered into under subsection Department; and provision of medical services and bene- (a). (E) whether or not the individual is home- fits to veterans, and for other purposes; (2) IN GENERAL.—Each report submitted less. which was ordered to lie on the table; under paragraph (1) shall include the fol- (3) A detailed assessment of the effective- as follows: lowing: ness of the pilot program, including a survey (A) How many memoranda have been en- of each veteran participating in the pilot On page 39, strike lines 18 through 25. tered into and are currently in force. program, to determine the impact of the pro- (B) The strategies in such memoranda. gram on— SA 2773. Mr. LEE submitted an (C) The outcomes of the relationships (A) the success of such veteran in obtain- amendment intended to be proposed by sought through such memoranda. ing and maintaining gainful employment; him to the bill S. 1982, to improve the

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1182 CONGRESSIONAL RECORD — SENATE February 26, 2014 provision of medical services and bene- an amendment intended to be proposed brain injury, or another mental health issue; fits to veterans, and for other purposes; by him to the bill S. 1982, to improve and which was ordered to lie on the table; the provision of medical services and (B)(i) the eligible veteran has not received as follows: benefits to veterans, and for other pur- the therapy, healing method, or treatment described in subparagraph (A) because of the On page 122, after line 20, insert the fol- poses; which was ordered to lie on the inaccessibility or unavailability of such lowing: table; as follows: treatment from a medical facility of the De- SEC. 356. TERMINATION OF CERTAIN PROGRAMS On page 155, between lines 2 and 3, insert partment; and RELATING TO DENTAL CARE. the following: (ii) the eligible veteran, as a result of the (a) PILOT PROGRAM ON EXPANSION OF FUR- mental health condition of the eligible vet- NISHING OF DENTAL CARE TO VETERANS.—Not- Subtitle I—Health Care for Rural Veterans eran— withstanding subsection (b) of section 352, SEC. 391. PROVISION OF MENTAL HEALTH CARE (I) cannot work or maintain employment; the pilot program required by such section TO CERTAIN VETERANS IN RURAL (II) is at increased risk of doing physical shall terminate not later than three years AND HIGHLY RURAL AREAS. harm to the eligible veteran or others; or after the date of the enactment of this Act. (a) IN GENERAL.—The Secretary of Vet- (b) PROGRAM OF EDUCATION TO PROMOTE erans Affairs shall provide mental health (III) cannot adequately manage activities DENTAL HEALTH FOR VETERANS.—The pro- care to eligible veterans described in sub- of daily life. gram required by section 353 shall terminate section (c) for which a determination has (e) INDIAN TRIBE DEFINED.—In this section, not later than three years after the date of been made under subsection (d). the term ‘‘Indian tribe’’ has the meaning given that term in section 4 of the Indian the enactment of this Act. (b) USE OF OTHER PROVIDERS.— (c) PILOT PROGRAM ON DENTAL INSUR- (1) IN GENERAL.—The Secretary may pro- Self-Determination and Education Assist- ANCE.—Notwithstanding section 354(b), the vide mental health care under this section ance Act (25 U.S.C. 450b). dental insurance pilot program established by contracting with or providing payments SEC. 392. GRANTS TO PROVIDE TRANSPOR- by section 17.169 of title 38, Code of Federal to mental health care providers that are not TATION TO COMMUNITY-BASED OUT- Regulations, shall terminate not later than PATIENT CLINICS FOR VETERANS IN otherwise affiliated with the Department of RURAL AND HIGHLY RURAL AREAS. three years after the date of the enactment Veterans Affairs and shall, to the extent fea- (a) GRANTS AUTHORIZED.— of this Act. sible, use health care resources pursuant to (1) IN GENERAL.—The Secretary of Veterans existing arrangements, contracts, or agree- Affairs may award grants to eligible entities SA 2774. Mr. LEE submitted an ments entered into under section 8153 of title amendment intended to be proposed by to provide transportation to veterans in 38, United States Code. rural and highly rural areas who would oth- him to the bill S. 1982, to improve the (2) PAYMENTS.—The Secretary may not erwise be eligible for reimbursement for or provision of medical services and bene- provide payments described in paragraph (1) payment of travel expenses by the Depart- fits to veterans, and for other purposes; that exceed the amount that the Secretary ment of Veterans Affairs pursuant to section which was ordered to lie on the table; would otherwise expend in providing similar 111 or section 111A of title 38, United States as follows: mental health care through the Department Code. or under such existing arrangements, con- Beginning on page 53, strike line 13 and all (2) MAXIMUM AMOUNT.—The Secretary may tracts, or agreements. that follows through page 61, line 5. not award a grant under this section in an (c) ELIGIBLE VETERANS.—An eligible vet- amount that exceeds $100,000. eran described in this subsection is a veteran SA 2775. Mrs. SHAHEEN (for herself, (3) NO MATCHING REQUIRED.—The Secretary that— Mr. UDALL of Colorado, Mrs. GILLI- may not require that an eligible entity pro- (1) has a mental health issue resulting vide a contribution of funds as a condition of BRAND, Mr. BLUMENTHAL, and Ms. from post-traumatic stress disorder, trau- BALDWIN) submitted an amendment in- receiving the grant. matic brain injury, or any other health con- (b) ELIGIBLE ENTITIES.—The Secretary may tended to be proposed by her to the bill dition that was incurred or aggravated in award grants under this section to any of the S. 1982, to improve the provision of line of duty in the active military, naval, or following entities: medical services and benefits to vet- air service; and (1) State veterans agencies. erans, and for other purposes; which (2) lives in a rural area or highly rural (2) Veterans service organizations. was ordered to lie on the table; as fol- area. (3) Tribal organizations. lows: (d) DETERMINATION.—The Secretary shall (c) USE OF GRANTS.—Eligible entities in re- provide the care required by subsection (a) to At the end, add the following: ceipt of a grant under this section may use an eligible veteran if the Secretary deter- the grant amount as follows: SEC. 918. DEFINITION OF SPOUSE FOR PURPOSES mines any of the following: (1) To provide transportation to veterans OF VETERAN BENEFITS TO REFLECT (1)(A) A mental health care provider affili- NEW STATE DEFINITIONS OF in rural and highly rural areas to and from SPOUSE. ated with the Department is not available to medical centers of the Department of Vet- (a) SPOUSE DEFINED.—Section 101 is amend- provide mental health care services to the erans Affairs, including transportation by ed— eligible veteran at the medical facility of the air or sea if necessary. (1) in paragraph (3), by striking ‘‘of the op- Department that is nearest to the residence (2) To otherwise assist veterans in rural posite sex’’; and of the eligible veteran; and and highly rural areas with transportation in (2) by striking paragraph (31) and inserting (B)(i) in-person and telehealth mental connection with the provision of medical the following new paragraph (31): health care services from the Department care to those veterans, including transpor- ‘‘(31)(A) An individual shall be considered a are not available to the eligible veteran; tation by air or sea if necessary. ‘spouse’ if— (ii) the eligible veteran requests that a (d) APPLICATION.— ‘‘(i) the marriage of the individual is valid mental health care provider affiliated with (1) IN GENERAL.—Each eligible entity seek- in the State in which the marriage was en- the Department provide mental health care ing a grant under this section shall submit tered into; or services to the eligible veteran in private an application to the Secretary at such time, ‘‘(ii) in the case of a marriage entered into and the provider is unable or unwilling to do in such manner, and accompanied by such in- outside any State— so; or formation as the Secretary may require. ‘‘(I) if the marriage of the individual is (iii) travel by the eligible veteran to a re- (2) CONTENTS.—Each application submitted valid in the place in which the marriage was gional medical center of the Department is pursuant to paragraph (1) shall contain a entered into; and impractical or severely detrimental to the proposal for the manner in which the eligible ‘‘(II)(aa) the marriage could have been en- health of the eligible veteran. entity seeks to provide the transportation tered into in a State; or (2) That— described in subsection (a). ‘‘(bb) the marriage was valid in the place (A)(i) a mental health care provider affili- (e) PRIORITY.—The Secretary shall give pri- in which all parties to the marriage resided ated with the Department has recommended ority in the awarding of grants under this at the time the marriage was entered into. that a complementary and alternative ther- section to applications submitted under sub- ‘‘(B) In this paragraph, the term ‘State’ apy approved by the Food and Drug Adminis- section (d) that contain proposals that com- has the meaning given that term in para- tration be administered to the eligible vet- ply with section 504 of the Rehabilitation graph (20), except that the term also includes eran; Act of 1973 (29 U.S.C. 794) and regulations the Commonwealth of the Northern Mariana (ii) the eligible veteran is a member of an issued by the Secretary of Transportation Islands.’’. Indian tribe or a Native Hawaiian and re- under such section 504. (b) MARRIAGE DETERMINATION.—Section quests a healing method that is a cultural (f) DEFINITIONS.—In this section: 103(c) is amended by striking ‘‘according to’’ tradition of the eligible veteran; or (1) TRIBAL ORGANIZATION.—The term ‘‘trib- and all that follows through the period at (iii) a mental health care provider has rec- al organization’’ has the meaning given that the end and inserting ‘‘in accordance with ommended a treatment for the eligible vet- term in section 4 of the Indian Self-Deter- section 101(31) of this title.’’. eran that, based on the medical knowledge of mination and Education Assistance Act (25 the health care provider, is safe and would U.S.C. 450b). SA 2776. Mr. UDALL of New Mexico assist the eligible veteran in coping with (2) VETERANS SERVICE ORGANIZATION.—The (for himself and Mr. HELLER) submitted post-traumatic stress disorder, traumatic term ‘‘veterans service organization’’ means

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PILOT PROGRAM ON HOUSING ALLOW- monthly rate of housing allowance provided AT COMMUNITY-BASED OUTPATIENT ANCES FOR HEALTH CARE PRO- the health care provider under paragraph (2) CLINICS THAT PREDOMINANTLY SERVE VETERANS WHO LIVE IN VIDERS OF THE DEPARTMENT OF during the last month before the provider’s RURAL AND HIGHLY RURAL AREAS. VETERANS AFFAIRS ACCEPTING AS- completion of participation in the pilot pro- (a) PROGRAM REQUIRED.— SIGNMENT AT RURAL AND HIGHLY gram. RURAL COMMUNITY-BASED OUT- (1) IN GENERAL.—The Secretary of Veterans PATIENT CLINICS. (C) COMPLETION OF ADDITIONAL TWO-YEAR Affairs shall establish a program to train TERM.—Any health care provider who suc- (a) PILOT PROGRAM AUTHORIZED.—The Sec- health care professionals for assignment at retary of Veterans Affairs may carry out a cessfully completes 60 months of participa- community-based outpatient clinics that pilot program to assess the feasability and tion in the pilot program shall be paid upon predominantly serve veterans who live in advisability of providing a housing allow- completion of participation in the pilot pro- rural and highly rural areas. ance to health care providers of the Depart- gram an amount equal to 13 months of the (2) PARTNERSHIP WITH EDUCATIONAL INSTI- ment of Veterans Affairs who accept assign- monthly rate of housing allowance provided TUTIONS.— ment at rural or highly rural community- the health care provider under paragraph (2) (A) IN GENERAL.—In carrying out the pro- based outpatient clinics as a means of en- during the last month before the provider’s gram, the Secretary may enter into partner- couraging such health care providers to ac- completion of participation in the pilot pro- ships with educational institutions. cept assignment to such Clinics. gram. (B) CONSULTATION.—If the Secretary enters (b) ELIGIBILITY.—An individual is eligible (D) NO REQUIREMENT TO REMAIN ON ASSIGN- into a partnership with an educational insti- for participation in the pilot program if the MENT.—An amount payable under this para- tution to carry out the program, the Sec- individual— graph shall be paid whether or not the health retary shall consult with the head of such (1) is a health care provider; care provider concerned remains in an as- educational institution with respect to the (2) is, or agrees to become, an employee of signment at a rural or highly rural commu- training and curriculum provided under the the Veterans Health Administration on a nity-based outpatient clinic. program at such educational institution. full-time basis in a health care position des- (e) NATURE OF ALLOWANCE.— (b) TRAINING.—The training provided to ignated by the Secretary for purposes of the (1) SUPPLEMENTAL AMOUNT.—Any housing health care professionals under the program pilot program; and allowance provided under the pilot program shall include the following courses: (3) accepts an assignment in such position shall be in addition to any pay (including (1) Courses on general professional develop- for a term of not less than 36 months at a basic pay, special pay, and retirement or ment of health care professionals. rural or highly rural community-based out- other bonus pay) payable to personnel of the (2) Courses on providing health care to rural populations and specifically to rural patient clinic selected by the Secretary for Veterans Health Administration personnel veterans. purposes of the pilot program. under chapter 74 of title 38, United States (c) CURRICULUM.—The program shall in- (c) CONDITIONS ON PAYMENT OF HOUSING AL- Code, or any other provision of law. clude training with respect to health issues LOWANCE.—Except as provided in subsection (2) EXEMPTION FROM TAXATION.—For pur- poses of the Internal Revenue Code of 1986, that commonly afflict veterans as specified (d)(3), an individual may be provided a hous- by the Secretary. ing allowance under the pilot program only any housing allowance provided under the pilot program shall not be included in gross (d) HIRING PREFERENCE.— while— (1) IN GENERAL.—Each health care profes- income. (1) in good standing as a health care pro- sional that completes the program and com- (f) ANNUAL REPORTS.— vider within the Veterans Health Adminis- pletes a three-year assignment at a commu- (1) IN GENERAL.—Not later than one year tration; and nity-based outpatient clinic that predomi- after the date of the enactment of this Act (2) assigned as a health care provider at a nantly serves veterans who live in rural and and not less frequently than once each year rural or highly rural community-based out- highly rural areas shall receive a preference thereafter while the pilot program is in ef- patient clinic. in selection for employment in the Veterans (d) AMOUNT OF HOUSING ALLOWANCE.— fect, the Secretary shall submit to the Com- Health Administration at the end of such (1) MONTHLY AMOUNT DURING INITIAL mittee on Veterans’ Affairs of the Senate three-year assignment. and the Committee on Veterans’ Affairs of TERM.—During the first 36 months of partici- (2) DEGREE OF PREFERENCE.— the House of Representatives a report on the pation in the pilot program, the housing al- (A) IN GENERAL.—The preference received lowance provided a health care provider par- pilot program. under paragraph (1) shall be less than the ticipating in the pilot program shall be pro- (2) ELEMENTS.—Each report submitted preference given a veteran. under paragraph (1) shall include the fol- vided on a monthly basis at a rate that is (B) VETERANS.—A veteran that receives a equivalent to the monthly rate of basic al- lowing: preference under paragraph (1) shall receive lowance for housing (BAH) payable under (A) A current description of the pilot pro- a greater preference than an individual that section 403 of title 37, United States Code, to gram, including the current number of par- receives a preference under such paragraph members of the uniformed services whose ticipants in the pilot program and the who is not a veteran. amounts of housing allowance being provided grade, dependency status, and geographic lo- SEC. 395. ENCOURAGING AND FACILITATING cation most closely equals, as determined by such participants. TRANSITION OF MILITARY MEDICAL the Secretary, the grade of such provider (B) A current assessment of the value of PROFESSIONALS INTO EMPLOY- under section 7404 of title 38, United States the housing allowance under the pilot pro- MENT WITH VETERANS HEALTH AD- Code, and the dependency status and geo- gram in encouraging health care providers in MINISTRATION. graphic location of such provider. accepting assignment to rural and highly (a) ENCOURAGING EMPLOYMENT WITH VET- (2) MONTHLY AMOUNT FOR CERTAIN PRO- rural community-based outpatient clinics. ERANS HEALTH ADMINISTRATION.—The Sec- VIDERS FOR ADDITIONAL TERM.—If upon com- (g) FUNDING.—Amounts for housing allow- retary of Veterans Affairs and the Secretary pletion of the first 36 months in the pilot ances under the pilot program shall be de- of Defense shall jointly establish a program program a health care provider accepts con- rived from amounts available for the Vet- to encourage an individual who serves in the tinuing participation in the pilot program at erans Health Administration for Medical Armed Forces with a military occupational a rural or highly rural community-based Services. specialty relating to the provision of health outpatient clinic for a term of not less than (h) SUNSET.— care to seek employment with the Veterans Health Administration when the individual 12 additional months, the housing allowance (1) IN GENERAL.—No individual may com- provided the health care provider under the mence participation in the pilot program on has been discharged or released from service in the Armed Forces or is contemplating sep- pilot program shall be provided on a monthly or after the date that is five years after the arating from such service. basis for such additional months at a rate date of the enactment of this Act. (b) MATCHING OF MILITARY OCCUPATIONAL determined in accordance with paragraph (1). (2) CONTINUATION OF ON-GOING PROVISION OF SPECIALTIES.—The Secretary of Veterans Af- (3) BONUS AMOUNT.— ALLOWANCE.—Nothing in paragraph (1) shall fairs and the Secretary of Defense shall (A) COMPLETION OF INITIAL TERM.—Any be construed to prohibit the Secretary from jointly identify military occupational spe- health care provider who successfully com- providing housing allowances under the pilot cialties relating to the provision of health pletes 36 months of participation in the pilot program to individuals who commence par- care and match such occupational specialties program shall be paid upon completion of ticipation in the pilot program before the with occupations and positions of employ- participation in the pilot program an date that is five years after the date of the ment within the Veterans Health Adminis- amount equal to three months of the month- enactment of this Act. tration for which experience in such military ly rate of housing allowance provided the (i) RURAL OR HIGHLY RURAL COMMUNITY- occupational specialty qualifies one for em- health care provider under paragraph (1) dur- BASED OUTPATIENT CLINIC DEFINED.—In this ployment in such occupation or position of ing the last month before the provider’s com- section, the term ‘‘rural or highly rural com- employment. pletion of participation in the pilot program. munity-based outpatient clinic’’ means a (c) FACILITATION OF TRANSITION TO EMPLOY- (B) COMPLETION OF ADDITIONAL ONE-YEAR community-based outpatient clinic of the MENT WITH VETERANS HEALTH ADMINISTRA- TERM.—Any health care provider who suc- Veterans Health Administration that pre- TION.—The Secretary of Veterans Affairs and

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the Secretary of Defense shall prescribe such (C) An assessment of the feasibility and ad- OPERATIONS.—Section 3311(b) of such title is regulations and take such actions as may be visability of establishing a Polytrauma Re- amended in paragraphs (6)(A) and (7)(A) by necessary to facilitate the transition of indi- habilitation Center or Polytrauma Network striking ‘‘excluding service on active duty in viduals with military occupational special- Site in each State in which there is a med- entry level and skill training’’ and inserting ties identified under subsection (b) into the ical center of the Department of Veterans ‘‘including service on active duty in entry corresponding occupations and positions of Affairs. level and skill training for individuals who employment with the Veterans Health Ad- (D) An assessment of whether establishing served on active duty in the Armed Forces in ministration under such subsection. new Polytrauma Rehabilitation Centers and Operation Enduring Freedom, Operation SEC. 396. ASSESSMENT OF COMMUNITY-BASED Polytrauma Network Sites would be bene- Iraqi Freedom, Operation New Dawn, or any OUTPATIENT CLINICS IN RURAL ficial— other contingency operation (as that term is AND HIGHLY RURAL AREAS. (i) to the veteran population in general; defined in section 101 of title 10) and exclud- (a) ASSESSMENT.— (ii) to veterans who live— ing service on active duty in entry level and (1) IN GENERAL.—The Secretary of Veterans (I) more than 300 miles from the nearest skill training for all other individuals’’. Affairs shall conduct a periodic assessment Polytrauma Rehabilitation Center or of community-based outpatient clinics in Polytrauma Network Site; or SA 2778. Mr. BOOKER submitted an rural and highly rural areas to determine (II) in a State in which there is not a amendment intended to be proposed by whether expansion and improvement of com- Polytrauma Rehabilitation Center or him to the bill S. 1982, to improve the munity-based outpatient clinics in those Polytrauma Network Site; and provision of medical services and bene- areas is feasible or advisable. (iii) to veterans who served in the active fits to veterans, and for other purposes; (2) ELEMENTS.—Each periodic assessment military, naval, or air service on or after which was ordered to lie on the table; required by subsection (a) shall include the September 11, 2001. as follows: following with respect to each community- (2) BUDGET FOR ADDITIONAL FACILITIES.—If On page 110, between lines 13 and 14, insert based outpatient clinic assessed: the Secretary determines that establishing (A) An assessment of whether the facility— the following: additional Polytrauma Rehabilitation Cen- SEC. 345. REPORTS ON IMPLEMENTATION OF PA- (i) meets applicable building code require- ters and Polytrauma Network Sites is fea- ments; TIENT-CENTERED COMMUNITY CARE sible and advisable, the Secretary shall in- PROGRAM OF DEPARTMENT OF VET- (ii) meets applicable health care require- clude with the report required by subsection ERANS AFFAIRS. ments related to privacy; (a) a budget and plan for the establishment (a) IN GENERAL.—Not later than 450 days (iii) has the capacity to handle the number of those additional facilities. after the date of the enactment of this Act, of patients that seek care at the facility; SEC. 398. REPORT ON EFFECTIVENESS OF COM- and not later than September 30 each year (iv) has sufficient parking for patients that PLEMENTARY AND ALTERNATIVE thereafter for two years, the Secretary of seek care at the facility; MEDICINE IN TREATING VETERANS Veterans Affairs shall submit to the Com- (v) has adequate access to broadband tech- WITH CERTAIN MENTAL ILLNESSES. mittee on Veterans’ Affairs of the Senate nology to allow the use or expansion of tele- Not later than one year after the date of and the Committee on Veterans’ Affairs of health services at the facility; and the enactment of this Act, the Secretary of the House of Representatives a report on the (vi) has the capacity to properly store and Veterans Affairs shall submit to the Com- program described in subsection (b). dispose of medical and other hazardous mittee on Veterans’ Affairs of the Senate (b) PROGRAM DESCRIBED.—The program de- waste. and the Committee on Veterans’ Affairs of scribed in this subsection is the program car- (B) A survey of health care providers who the House of Representatives a report on the ried out by the Veterans Health Administra- practice at the facility with respect to— effectiveness of complementary and alter- tion that offers veterans access to non-De- (i) strengths of the facility; native medicine used by the Department of partment of Veterans Affairs inpatient spe- (ii) weaknesses of the facility; and Veterans Affairs in treating veterans with cialty care, outpatient specialty care, men- (iii) areas in which the facility may be im- mental health conditions resulting from tal health care, limited emergency care, and proved. post-traumatic stress disorder, traumatic limited newborn care, commonly known as (b) REPORT.—Not later than one year after brain injury, or any other health condition the ‘‘Patient-Centered Community Care Pro- the date of the enactment of this Act, and that was incurred or aggravated in line of gram’’. (c) ELEMENTS.—Each report submitted not less frequently than once each year duty in the active military, naval, or air under subsection (a) shall include the fol- thereafter, the Secretary shall submit to the service. Committee on Veterans’ Affairs and the lowing: SEC. 399. DEFINITIONS. Committee on Appropriations of the Senate (1) A description of the specific factors In this subtitle: and the Committee on Veterans’ Affairs and used by the Department to determine the use (1) ACTIVE MILITARY, NAVAL, OR AIR SERV- the Committee on Appropriations of the of the program described in subsection (b) by ICE.—The term ‘‘active military, naval, or House of Representatives a report on the facilities of the Department. findings of the Secretary with respect to the air service’’ has the meaning given that term (2) An analysis of the 10 health care serv- most recently completed assessment con- in section 101 of title 38, United States Code. ices most frequently provided through the ducted under subsection (a), including such (2) HIGHLY RURAL AREA.—The term ‘‘highly program and any recommendations by the recommendations as the Secretary may have rural area’’ means an area located in a coun- Secretary to expand access to such services for the expansion or improvement of commu- ty that has less than seven individuals resid- at facilities of the Department. nity-based outpatient clinics in rural and ing in that county per square mile. (3) An analysis of the quality of care pro- highly rural areas. (3) RURAL AREA.—The term ‘‘rural area’’ vided through the program, including feed- SEC. 397. REPORT ON ESTABLISHMENT OF means any area that is not an urbanized area back from health care providers. POLYTRAUMA REHABILITATION or a highly rural area. (4) An analysis of whether required medical CENTERS OR POLYTRAUMA NET- (4) URBANIZED AREA.—The term ‘‘urbanized documentation from health care providers WORK SITES OF THE DEPARTMENT area’’ has the meaning given that term by participating in the program is provided to OF VETERANS AFFAIRS IN RURAL the Director of the Bureau of the Census. AREAS. the Department in a timely and comprehen- (a) IN GENERAL.—Not later than 180 days sive manner for inclusion in the electronic SA 2777. Mr. UDALL of New Mexico health records of veterans. after the date of the enactment of this Act, submitted an amendment intended to the Secretary of Veterans Affairs shall sub- (5) An analysis of the timeliness of pay- mit to Congress a report on the feasibility be proposed by him to the bill S. 1982, ments made by the Department to health and advisability of establishing a to improve the provision of medical care providers for services provided through Polytrauma Rehabilitation Center or services and benefits to veterans, and the program. Polytrauma Network Site in each area in for other purposes; which was ordered (6) A description of the specific factors which the nearest Polytrauma Rehabilita- to lie on the table; as follows: used by the Department in determining if a veteran is eligible for care through non-De- tion Center or Polytrauma Network Site is On page 33, after line 18, add the following: more than 300 miles away. partment providers, including such care that SEC. 207. EXPANSION OF ELIGIBILITY FOR POST- (b) REQUIREMENTS.— is not provided through the program. 9/11 EDUCATIONAL ASSISTANCE TO N GENERAL (1) I .—The report required by INCLUDE SERVICE ON ACTIVE DUTY (7) A description of the impact of the pro- this section shall include the following: IN ENTRY LEVEL AND SKILL TRAIN- gram on veterans participating in the pro- (A) An assessment of the adequacy of exist- ING UNDER CERTAIN CIR- gram, including— ing Polytrauma Rehabilitation Centers and CUMSTANCES. (A) the average increase or reduction in Polytrauma Network Sites in providing care (a) FOR INDIVIDUALS WHO SERVE BETWEEN any travel required by such veterans for to veterans that live more than 300 miles 18 AND 24 MONTHS.—Section 3311(b)(5)(A) of care; from such facilities. title 38, United States Code, is amended by (B) the average increase or reduction in (B) An assessment of the adequacy of exist- striking ‘‘excluding’’ and inserting ‘‘includ- wait-times by such veterans for care; and ing Polytrauma Rehabilitation Centers and ing’’. (C) an analysis of the satisfaction of such Polytrauma Network Sites in providing re- (b) FOR INDIVIDUALS WHO SERVED IN OPER- veterans with the program. habilitation services pursuant to section ATION ENDURING FREEDOM, OPERATION IRAQI (8) In response to information compiled or 1710C of title 38, United States Code. FREEDOM, OR CERTAIN OTHER CONTINGENCY analyses conducted under paragraphs (1)

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE February 26, 2014 CONGRESSIONAL RECORD — SENATE S1185 through (7), a description of any proposed COMMITTEE ON INDIAN AFFAIRS PRIVILEGES OF THE FLOOR mechanisms— Mr. BLUMENTHAL. Mr. President, I (A) to reduce travel required by veterans Mr. SANDERS. Mr. President, I ask ask unanimous consent that the Com- unanimous consent that Jason Dean, a to receive care; mittee on Indian Affairs be authorized (B) to reduce wait-times for veterans re- military fellow in my office, be granted ceiving care; or to meet during the session of the Sen- the privilege of the floor for the re- (C) to increase the quality of care received ate on February 26, 2014, in room SD– mainder of this Congress. by veterans. 628 of the Dirksen Senate Office Build- The PRESIDING OFFICER. Without (d) EFFECTIVE DATE.—This section shall ing, at 2:30 p.m., to conduct a hearing objection, it is so ordered. take effect on the date that is one year after entitled ‘‘Early Childhood Develop- the date of the enactment of this Act. ment and Education in Indian Country: f Building a Foundation for Academic UNANIMOUS CONSENT SA 2779. Ms. COLLINS submitted an Success.’’ amendment intended to be proposed by AGREEMENT—S. 1752 AND S. 1917 The PRESIDING OFFICER. Without her to the bill S. 1982, to improve the Mr. REID. I ask unanimous consent objection, it is so ordered. provision of medical services and bene- that at a time to be determined by the fits to veterans, and for other purposes; PERMANENT SUBCOMMITTEE ON INVESTIGATIONS majority leader, with the concurrence which was ordered to lie on the table; Mr. BLUMENTHAL. Mr. President, I of Senator MCCONNELL, the Senate pro- as follows: ask unanimous consent that the Per- ceed to the consideration of Calendar On page 291, after line 21, add the fol- manent Subcommittee on Investiga- No. 251, S. 1752; that if a cloture motion lowing: tions of the Committee on Homeland is filed on the bill, there be 2 hours of Subtitle E—Other Claims Processing Matters Security and Governmental Affairs be debate on S. 1752 and S. 1917, equally authorized to meet during the session SEC. 641. INSPECTOR GENERAL INVESTIGATION divided between the two leaders or INTO WHETHER EMPLOYEES OF DE- of the Senate on February 26, 2014, at their designees; that upon the use or PARTMENT OF VETERANS AFFAIRS 9:30 a.m., to conduct a hearing entitled yielding back of time, the Senate im- DESTROYED FILES TO MISREPRE- ‘‘Offshore Tax Evasion: The Effort to mediately proceed to the vote on the SENT BACKLOG OF CLAIMS. Collect Unpaid Taxes on Billions in (a) IN GENERAL.—Not later than 30 days motion to invoke cloture; that if clo- after the date of the enactment of this Act, Hidden Offshore Accounts.’’ ture is invoked, all postcloture time be the Inspector General of the Department of The PRESIDING OFFICER. Without yielded back and the Senate imme- Veterans Affairs shall commence an inves- objection, it is so ordered. diately proceed to vote on passage of tigation to assess— SUBCOMMITTEE ON ANTITRUST, COMPETITION the bill; that no amendments, points of (1) whether employees of the Department POLICY, AND CONSUMER RIGHTS order or motions be in order to the bill of Veterans Affairs have destroyed files; and Mr. BLUMENTHAL. Mr. President, I prior to the vote on passage; that if the (2) whether the destruction of such files ask unanimous consent that the Com- was carried out in order to misrepresent the motion to invoke cloture on S. 1752 is backlog of claims filed with the Secretary of mittee on the Judiciary, Sub- not agreed to, the bill be returned to Veterans Affairs for benefits under laws ad- committee on Antitrust, Competition the calendar; that upon the conclusion ministered by the Secretary. Policy, and Consumer Rights, be au- of the consideration of S. 1752, the Sen- (b) INITIAL REPORT.—Not later than 90 days thorized to meet during the session of ate immediately proceed to the consid- after the date of the enactment of this Act, the Senate, on February 26, 2014, at 10 eration of Calendar No. 293, S. 1917; the Inspector General shall submit to Con- a.m., in room SD–226 of the Dirksen that if a cloture motion is filed on the gress a report on the findings of the Inspec- Senate Office Building, to conduct a bill, the Senate immediately proceed tor General with respect to the investigation hearing entitled ‘‘An Examination of carried out pursuant to subsection (a). to a vote on the motion to invoke clo- Competition in the Wireless Market.’’ ture; that if cloture is invoked, all f The PRESIDING OFFICER. Without postcloture time be yielded back and AUTHORITY FOR COMMITTEES TO objection, it is so ordered. the Senate immediately proceed to MEET SUBCOMMITTEE ON READINESS AND vote on passage of the bill; that no MANAGEMENT SUPPORT COMMITTEE ON FOREIGN RELATIONS amendments, points of order or mo- Mr. BLUMENTHAL. Mr. President, I Mr. BLUMENTHAL. Mr. President, I tions be in order to the bill prior to the ask unanimous consent that the Com- ask unanimous consent that the Sub- vote on passage; that if the motion to mittee on Foreign Relations be author- committee on Readiness and Manage- invoke cloture on S. 1917 is not agreed ized to meet during the session of the ment Support of the Committee on to, the bill be returned to the calendar. Senate on February 26, 2014, at 10:30 Armed Services be authorized to meet The PRESIDING OFFICER. Without a.m., to hold a hearing entitled ‘‘Trea- during the session of the Senate on objection, it is so ordered. ties.’’ February 26, 2014, at 2:30 p.m. f The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without CELEBRATING BLACK HISTORY objection, it is so ordered. objection, it is so ordered. MONTH COMMITTEE ON FOREIGN RELATIONS SUBCOMMITTEE ON SOCIAL SECURITY Mr. BLUMENTHAL. Mr. President, I Mr. BLUMENTHAL. Mr. President, I Mr. REID. Mr. President, I ask unan- ask unanimous consent that the Com- ask unanimous consent that the Sub- imous consent the Senate proceed to mittee on Foreign Relations be author- committee on Social Security, Pen- the consideration of S. Res. 363. ized to meet during the session of the sions, and Family Policy of the Com- The PRESIDING OFFICER. The Senate on February 26, 2014, at 2:15 mittee on Finance be authorized to clerk will report the resolution by a.m., to hold a hearing entitled ‘‘Pros- meet during the session of the Senate title. pects for Peace in the Democratic Re- on February 26, 2014, at 10 a.m., in The assistant legislative clerk read public of Congo and Great Lakes Re- room SD–215 of the Dirksen Senate Of- as follows: gion.’’ fice Building, to conduct a hearing en- A resolution (S. Res. 363) celebrating Black The PRESIDING OFFICER. Without titled ‘‘Retirement Savings for Low-In- History Month. objection, it is so ordered. come Workers.’’ There being no objection, the Senate COMMITTEE ON HEALTH, EDUCATION, LABOR, The PRESIDING OFFICER. Without proceeded to consider the resolution. AND PENSIONS objection, it is so ordered. Mr. REID. I ask unanimous consent Mr. BLUMENTHAL. Mr. President, I SUBCOMMITTEE ON PERSONNEL the resolution be agreed to, the pre- ask unanimous consent that the Com- Mr. BLUMENTHAL. Mr. President, I amble be agreed to, and the motions to mittee on Health, Education, Labor, ask unanimous consent that the Sub- reconsider be laid upon the table, with and Pensions be authorized to meet committee on Personnel of the Com- no intervening action or debate. during the session of the Senate on mittee on Armed Services be author- The PRESIDING OFFICER. Without February 26, 2014, at 10 a.m., in room S– ized to meet during the session of the objection, it is so ordered. 216 of the Capitol Building. Senate on February 26, 2014, at 10 a.m. The resolution (S. Res. 363) was The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without agreed to. objection, it is so ordered. objection, it is so ordered. The preamble was agreed to.

VerDate Sep 11 2014 07:36 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD14\FEB 2014\S26FE4.REC S26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE S1186 CONGRESSIONAL RECORD — SENATE February 26, 2014 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE To be major (The resolution, with its preamble, is AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION printed in today’s RECORD under ‘‘Sub- 601: STEVEN K. WHITE mitted Resolutions.’’) To be lieutenant general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE GRADES INDICATED IN THE UNITED STATES f LT. GEN. GREGORY A. BISCONE ARMY NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 531 AND 3064: ORDERS FOR THURSDAY, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE To be lieutenant colonel FEBRUARY 27, 2014 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION DANIEL B. THOMPSON Mr. REID. Mr. President, I ask unan- 601: To be lieutenant general To be major imous consent that when the Senate MAJ. GEN. THOMAS J. TRASK JOCHEBED B. ADEOSHIFOGUN completes its business today, it ad- RENITA J. ELDERYETT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT journ until 9:30 a.m. on Thursday, Feb- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- FESTINA R. HUMEDAWSON CATED UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL W. KINSHELLA ruary 27, 2014; that following the prayer TODD A. MORRIS and pledge, the morning hour be To be brigadier general IN THE MARINE CORPS deemed expired, the Journal of pro- COL. ANDREW J. TOTH ceedings be approved to date, and the THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED THE FOLLOWING NAMED OFFICER FOR TEMPORARY STATES OFFICERS FOR APPOINTMENT IN THE RESERVE APPOINTMENT TO THE GRADE INDICATED IN THE time for the two leaders be reserved for OF THE AIR FORCE TO THE GRADE INDICATED UNDER UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., their use later in the day; that fol- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: SECTION 6222: lowing any leader remarks, the Senate To be brigadier general To be lieutenant colonel be in a period of morning business for COLONEL MARK W. ANDERSON JASON K. FETTIG COLONEL DAVID P. BACZEWSKI THE FOLLOWING NAMED OFFICER FOR TEMPORARY 1 hour, with Senators permitted to COLONEL JEFFREY W. BURKETT APPOINTMENT TO THE GRADE INDICATED IN THE COLONEL CONRAD C. CALDWELL III speak for up to 10 minutes each, with UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., COLONEL JEFFREY B. CASHMAN SECTION 6222: the time equally divided and controlled COLONEL CHARLES W. CHAPPUIS between the two leaders or their des- COLONEL JOEL A. CLARK To be major COLONEL PATRICK J. COBB ignees, with the majority controlling COLONEL THOMAS B. CUCCHI MICHELLE A. RAKERS the first half and the Republicans con- COLONEL JOHN B. DANIEL COLONEL GEORGE M. DEGNON IN THE NAVY trolling the final half; and that fol- COLONEL WILLIAM D. DEHAES lowing morning business, the Senate COLONEL WILLIAM D. DOCKERY, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL MICHAEL E. GUILLORY TO THE GRADE INDICATED IN THE UNITED STATES NAVY resume consideration of S. 1982, the COLONEL ANDREW E. HALTER UNDER TITLE 10, U.S.C., SECTION 624: veterans benefits bill, with the time COLONEL TIMOTHY J. HARMESON COLONEL PAUL G. HAVEL To be lieutenant commander until 2 p.m. equally divided and con- COLONEL JILL L. HENDRA OGWO U. OGWO COLONEL ALAN K. HODGDON trolled between the two leaders or THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JOSEPH M. JABARA TO THE GRADE INDICATED IN THE UNITED STATES NAVY their designees, with Senator SESSIONS COLONEL WENDY K. JOHNSON UNDER TITLE 10, U.S.C., SECTION 624: controlling 30 minutes of the Repub- COLONEL TIMOTHY M. JONES COLONEL THOMAS J. KENNETT To be captain lican time and Senator GRAHAM or his COLONEL KERRY L. MUEHLENBECK designee recognized at 1:45 p.m. COLONEL TIMOTHY A. MULLEN WILLIAM RABCHENIA COLONEL JOHN W. OGLE III THE FOLLOWING NAMED OFFICERS FOR TEMPORARY The PRESIDING OFFICER. Without COLONEL RYAN T. OKAHARA APPOINTMENT TO THE GRADE INDICATED IN THE COLONEL THOMAS J. OWENS II objection, it is so ordered. UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION COLONEL RUSSELL A. RUSHE 5721: f COLONEL DAVID P. SAN CLEMENTE COLONEL DIANA M. SHOOP To be lieutenant commander PROGRAM COLONEL JESSE T. SIMMONS, JR. COLONEL DAVID A. SIMON MATTHEW M. ANTHONY Mr. REID. Mr. President, there will COLONEL MARK C. SNYDER JOHN T. APPELBAUM COLONEL JOHN G. SOTOS KURT C. ASTROTH be a series of rollcall votes tomorrow COLONEL RONALD C. STAMPS MICHAEL L. BECKMAN starting at 2 p.m. We also expect to COLONEL RANDOLPH J. STAUDENRAUS CHRISTOPHER G. BOEHM COLONEL FRANK H. STOKES MARTY E. BURNS consider the nomination of Michael COLONEL SCOTT A. STUDER MARK W. CARTWRIGHT Connor to be Deputy Secretary of Inte- COLONEL MICHAEL R. TAHERI MARIO G. CASTELLANOS COLONEL RONALD B. TURK DONALD E. COOMES rior tomorrow. COLONEL STEVEN C. WARREN KEVIN M. DORE COLONEL ROGER E. WILLIAMS, JR. HENRY P. ESHENOUR f COLONEL RONALD W. WILSON STEVEN L. EVANS, JR. COLONEL BRYAN F. WITEOF TIMOTHY A. FOX ADJOURNMENT UNTIL 9:30 A.M. COLONEL BRETT A. WYRICK RYAN C. GEORGE TOMORROW COLONEL RICKY G. YODER LEIF E. GUNDERSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SAMUEL F. HARTLEY Mr. REID. Mr. President, if there is IN THE GRADE INDICATED IN THE REGULAR AIR FORCE PHILLIP C. HERNDL UNDER TITLE 10, U.S.C., SECTION 531: ISAIABENETTE E. INFANTE no further business to come before the AMEIAN JEREMIAH To be major BJORN A. JOHNSON Senate, I ask unanimous consent that LAUREN M. JOHNSON DARVIN E. WINTERS, JR. it adjourn under the previous order. PHILLIP C. JOLLEY THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JOSHUA C. KING There being no objection, the Senate, MENT TO THE GRADES INDICATED IN THE REGULAR AIR KENNETH M. KIRKWOOD at 6:57 p.m., adjourned until Thursday, FORCE UNDER TITLE 10, U.S.C., SECTION 531: REED A. KITCHEN To be lieutenant colonel WILLIAM E. KNIPS February 27, 2014, at 9:30 a.m. KERRY M. MAJOR BRUCE E. STERNKE MICHAEL C. MARSH f NATHAN P. MATHERLY To be major STEVEN G. MAY NOMINATIONS BRIAN D. LAYTON ALEXANDER M. MCMAHON ELIZABETH M. F. LIBAO JAMES T. MCRANDLE Executive nominations received by MATTHEW J. MINCK the Senate: IN THE ARMY BRAD W. MUSKOPF ROBERT C. NEMETH THE FOLLOWING NAMED OFFICER FOR REGULAR AP- THE JUDICIARY PAUL G. ODANIEL POINTMENT IN THE GRADE INDICATED IN THE UNITED ART K. PALALAY STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: ROBIN L. ROSENBERG, OF FLORIDA, TO BE UNITED LEON W. PLATT, JR. STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT To be major TIMOTHY L. REEDER OF FLORIDA, VICE ADALBERTO JOSE JORDAN, ELE- CHRISTOPHER V. SEIVERS VATED. JEFFREY A. UHERKA JEFFREY M. SKLADZIEN IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- JUSTIN B. SMITH POINTMENT IN THE GRADE INDICATED IN THE UNITED MATTHEW E. SMITH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STATES ARMY AS A CHAPLAIN UNDER TITLE 10, U.S. C., ROBERT B. SUTTER IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- SECTIONS 531 AND 3064: THOMAS A. WILLIAMS

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RECOGNIZING THE SMITHSONIAN Tanner was selected as one of Iowa’s four REMEMBERING FORMER STATE NATIONAL MUSEUM OF NAT- distinguished finalists for undertaking an ex- REPRESENTATIVE EUGENE URAL HISTORY’S BEYOND tensive project to restore two campsites that SCHLICKMAN OF ILLINOIS BOLLYWOOD EXHIBIT had fallen into disrepair at a local park. To tackle this task, Mr. Merrifield devoted months HON. CHERI BUSTOS HON. AMI BERA of hard work pursuing township approvals, so- OF ILLINOIS OF CALIFORNIA liciting donations, organizing volunteers, pur- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES chasing materials, and ultimately rebuilding Wednesday, February 26, 2014 Wednesday, February 26, 2014 the campsites. Following his hard work, each campsite now includes new trails, fire rings Mrs. BUSTOS. Mr. Speaker, I rise today to Mr. BERA. Mr. Speaker, I rise today to rec- remember former State Representative Eu- and landscaping. There is no doubt Tanner’s ognize the Smithsonian National Museum of gene Schlickman of Illinois who passed away selfless efforts will provide a lasting benefit to Natural History and the Smithsonian Asian Pa- on January 23rd at the age of 84. cific American Center. This week, they open a his community for years to come. Eugene Schlickman was born on December new exhibition called ‘‘Beyond Bollywood: In- Mr. Speaker, it is with great pride that I rec- 17th, 1929 in Dubuque, Iowa, the oldest of dian Americans Shape the Nation.’’ One out of ognize and applaud Mr. Merrifield for his sin- four children. His family moved to Rockford, Il- every 100 Americans traces his or her roots cere dedication to positively impacting the linois, where Schlickman grew up and where back to India, me included. As a first-genera- lives of others in his community. Tanner’s his father ran the Tydee Dydee Diaper Serv- tion Indian American born and raised in Cali- commitment to a cause greater than himself is ice. Eugene attended St. Thomas High School fornia, I am here today largely because of the in Rockford and later became the first in his Indian Americans of my parents’ generation a testament to the high-quality character and unwavering work ethic instilled in Iowans both family to graduate from college, after which he who paved the way with their dedication to went on to earn a law degree from George- hard work, education, and family. It is impor- young and old. Our future is bright with young people like Tanner, and it is an honor to rep- town University. tant for us to recognize this remarkable com- Schlickman was elected to the Illinois Gen- resent him and his family in the United States munity’s contributions to our country. eral Assembly in 1964 and served for eight The new exhibit examines the daily experi- Congress. I invite my colleagues in the House terms, where he was known for reaching ences of Indian Americans and highlights the to join me in congratulating Tanner, thanking across the aisle and promoting bipartisan co- impacts they’ve had on our Nation, from his supportive family, and thanking all of those operation. During his tenure in the General breakthroughs in medicine and technology to involved in this wonderful project for their life- Assembly, he led initiatives on issues includ- the election of Dalip Singh Saund, the first changing efforts. ing higher education, parochial schools, chil- Asian-American member of Congress, elected dren’s services, and regional planning. After in 1956. It is the first exhibit of its kind to ex- f leaving the Legislature, Schlickman practiced plore the Indian American experience and cel- law in Arlington Heights and coauthored biog- ebrate the history and achievements of this HONORING LUKAS JAMES raphies of former Governor Otto Kerner and community’s political, professional, and cul- ERICKSON Supreme Court Justice John Paul Stevens. tural contributions to American life and history. Mr. Speaker, I’d like to give my sincere con- I commend the Smithsonian National Museum dolences to Eugene Schlickman’s family and of Natural History for their support and rec- HON. SAM GRAVES friends in Rockford and throughout Illinois and ognition of this country’s 3.3 million Indian OF MISSOURI honor his years of dedicated service to our Americans and their dedication to furthering state. national dialogue about a community that has IN THE HOUSE OF REPRESENTATIVES become integral to the fabric of American life. f Wednesday, February 26, 2014 f INTRODUCING THE ‘‘SALMON SOLUTIONS AND PLANNING ACT’’ A TRIBUTE TO TANNER Mr. GRAVES of Missouri. Mr. Speaker, I MERRIFIELD proudly pause to recognize Lukas James Erickson. Lukas is a very special young man HON. JIM McDERMOTT HON. TOM LATHAM who has exemplified the finest qualities of citi- OF WASHINGTON OF IOWA zenship and leadership by taking an active IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES part in the Boy Scouts of America, Troop 75, Wednesday, February 26, 2014 and earning the most prestigious award of Wednesday, February 26, 2014 Mr. MCDERMOTT. Mr. Speaker, American Eagle Scout. Mr. LATHAM. Mr. Speaker, I rise today to taxpayers and Pacific Northwest ratepayers congratulate and honor Tanner Merrifield, an Lukas has been very active with his troop, have little to show for the more than $11 bil- 18-year-old senior at Southeast Polk High participating in many scout activities. Over the lion they have spent on salmon recovery ef- School from Runnells, Iowa, who has many years Lukas has been involved with forts in the Columbia and Snake River Basin. achieved national recognition for exemplary scouting, he has not only earned numerous Since being listed for protection under the En- volunteer service in his community from the merit badges, but also the respect of his fam- dangered Species Act in the early 1990s, 2014 Prudential Spirit of Community Awards ily, peers, and community. Most notably, most of the thirteen native salmon and program. Lukas has contributed to his community steelhead species remain near the depressed The Prudential Spirit of Community Awards through his Eagle Scout project. Lukas de- levels that triggered their protected status in program is our country’s largest youth recogni- signed and constructed a privacy picket fence the first place. tion program based entirely on volunteer com- and rebuilt two long planter boxes at the out- The value of these fish populations is unde- munity service. The program was created in door classroom of Eugene Field Elementary in niable, holding major economic, environmental conjunction with Prudential and the National and cultural significance to the Pacific North- Maryville, Missouri. Association of Secondary School Principals to west. Even now, at their historically low levels, honor middle and high school students for out- Mr. Speaker, I proudly ask you to join me in salmon add over a billion dollars to the re- standing service to benefit others at the local, commending Lukas James Erickson for his ac- gion’s economy and constitute a vital part of state, and national level. Since 1995, more complishments with the Boy Scouts of Amer- communities throughout the Northwest. than 345,000 American youths have partici- ica and for his efforts put forth in achieving the While continuing our efforts to protect salm- pated in this excellent program. highest distinction of Eagle Scout. on and steelhead populations is critical, it is

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

VerDate Sep 11 2014 07:32 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD14\FEB 2014\E26FE4.REC E26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE E248 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2014 clear that our current approach is not working. From its original Native American settlers to Ortiz; District Manager and former Disability Over twenty years and $11 billion later, their its Wild West days, Yuma’s story is part of the Processing Unit Manager Diane Maldonado; vulnerable status remains virtually unchanged. American story. It has been an incorporated Disability Program Administrator Annie Four Biological Opinions have been rejected city for 100 years. Here’s to 100 more. Malave; Program Analyst Susan Palais; and by the courts as insufficient for fish survival. f Program Analyst Maria Lora. Last month’s latest BiOp represents little HONORING MASTER SERGEANT Area Office Supervisor Awilda Montalvo; As- change from the previous version, stoking the ANTHONY DANIEL CUTTER sistant Regional Administrator Yvonne possibility of renewed court challenges. Bastide; Lead Disability Processing Specialist It’s time to reevaluate our failed efforts and Kathleen Fitzpatrick; Lead Disability Proc- consider the best approach forward, including HON. MIKE THOMPSON essing Specialist Michael Warner; Deputy As- OF CALIFORNIA the possibility of removing four dams on the sistant Regional Commissioner Frank Barry; IN THE HOUSE OF REPRESENTATIVES lower Snake River. Last century, over 1,100 Center for Disability Deputy Director Jose dams were removed throughout the country. Wednesday, February 26, 2014 Colon; Special Agent-in-Charge Edward Ryan; Last month marked the start of the removal of Mr. THOMPSON of California. Mr. Speaker, Assistant Special Agent-in-Charge John yet another dam: the Rockford Dam on Iowa’s I rise today to honor Master Sergeant Anthony Grasso; Assistant Special Agent-in-Charge Shell Rock River is being breached, among Daniel Cutter upon his retirement from the Anthony Piazza; Resident Agent-in-Charge other reasons, to restore fish passage to 21.5 United States Air Force. I thank him for his Sharon McDermott; Special Agent Peter miles of the river. The legislation I am re-intro- twenty years of dedicated and honorable serv- Dowd; Special Agent Manuel Rivera; CDI ducing today, the Salmon Solutions and Plan- ice to our country. Team Leader Angel Rodriguez; Management ning Act, commissions studies to focus our ef- Sergeant Cutter was born and raised in Support Specialist Jaimie Arce; CDI Specialist forts so that all factors are taken into account Lake County, California. In December, 1993, Amanda Rios; and CDI Specialist Karen when considering dam removal. Our salmon he joined the United States Air Force. Velez. recovery efforts must be informed, cost effec- Throughout his career, Sergeant Cutter was Mr. Speaker, I commend these patriotic tive, and successful. stationed across the United States as well as Inaction is not an option. We must use the Americans for their work to protect Social Se- overseas. He was deployed to South Korea, best available science to protect this vital curity for American families. Saudi Arabia, Jordan, Iraq and Afghanistan. American resource before it’s too late. For his honorable service Sergeant Cutter re- f f ceived two Meritorious Service Medals, one IN HONOR OF THE CITY OF upon his return from Afghanistan in 2011 and PERSONAL EXPLANATION YUMA’S CENTENNIAL the other in Las Vegas in 2014. Throughout his years of service, Sergeant HON. SAM GRAVES HON. PAUL A. GOSAR Cutter remained a dedicated husband and fa- OF MISSOURI OF ARIZONA ther to his four children. When home on leave, IN THE HOUSE OF REPRESENTATIVES he generously volunteered his time to support IN THE HOUSE OF REPRESENTATIVES Operation Tango Mike; an organization that Wednesday, February 26, 2014 Wednesday, February 26, 2014 aims to support fellow service men and Mr. GOSAR. Mr. Speaker, I rise today to women by sending care packages to troops celebrate the centennial of Yuma, Arizona. Mr. GRAVES of Missouri. Mr. Speaker, on stationed overseas. Though it has been a city for 100 years, Yuma Tuesday, February 25, I missed a series of Mr. Speaker, it is appropriate at this time has a long and storied history. The Colorado rollcall votes. Had I been present, I would that we honor and thank Sergeant Cutter for River, on the banks of which Yuma lies, has have voted ‘‘yea’’ on #63 and #64. his invaluable service to our country. His twen- had a shaping influence on the city and is an ty years of service with the United States Air f essential part of its history. Not only did the Force is both admirable and deserving of rec- Colorado bring the area’s first European visi- ognition. On behalf of a grateful community, I A TRIBUTE TO QUINN WILSON tors—Spanish explorers who sailed up the wish him a most enjoyable retirement. river in 1540 and discovered a thriving Native f American village on its banks—it is also the HON. TOM LATHAM reason for the very existence of the city. COMMENDING SOCIAL SECURITY OF IOWA Today it is the river’s water that is most im- EMPLOYEES FOR FIGHTING IN THE HOUSE OF REPRESENTATIVES portant to this desert city, providing drinking FRAUD water to its residents and irrigation water to its Wednesday, February 26, 2014 surrounding farms. Because of the ample sun- HON. XAVIER BECERRA Mr. LATHAM. Mr. Speaker, I rise today to shine, the plentiful irrigation, and the rich soil, OF CALIFORNIA congratulate and honor Quinn Wilson, a 17- Yuma County, of which Yuma is the county IN THE HOUSE OF REPRESENTATIVES year-old senior of Ankeny High School in seat, is the winter vegetable capital of the Wednesday, February 26, 2014 Ankeny, Iowa, who has achieved national rec- world: 90% of the country’s leafy vegetables ognition for exemplary volunteer service in his Mr. BECERRA. Mr. Speaker, millions of are grown there from November to March. community from the 2014 Prudential Spirit of Prior to the early 1900s, however, it was the Americans pay into Social Security every Community Awards program. physical presence of the river that shaped week, knowing that when they need Social Yuma. Though today the river is tame at Security, it will be there for them. Without So- The Prudential Spirit of Community Awards Yuma, prior to the early 1900s the Colorado’s cial Security’s dedicated, highly-trained work- program is our country’s largest youth recogni- banks were in constant flux, stretching up to force, we would not be able to stop fraud and tion program based entirely on volunteer com- 15 miles across at times. This made crossing errors and guard those contributions until they munity service. The program was created in the river a challenge. There was one point, are needed. conjunction with Prudential and the National however, at which 2 outcroppings made the The Social Security Administration (SSA) re- Association of Secondary School Principals to river narrow. It was at this strategic point, cently stopped two large fraud conspiracies, honor middle and high school students for out- called the Yuma Crossing, where the Native one in Puerto Rico and one in New York. I standing service to benefit others at the local, American settlement that would become Yuma want to commend the hundreds of Social Se- state, and national level. Since 1995, more was first established. curity employees, investigators, and state dis- than 345,000 American youths have partici- Variously known as Colorado City and Ari- ability determination services employees, as pated in this excellent program. zona City, the city at Yuma Crossing was in- well as state, local, and federal prosecutors Quinn was recently selected as one of corporated under the laws of the State of Ari- and law enforcement officers who worked tire- Iowa’s four distinguished finalists for creating zona in 1914. The Yuma Crossing was used lessly to detect, investigate, and prosecute and organizing a musical instrument collection by thousands of people during the California these crimes. I would also like to particularly program for young children who could not oth- gold rush, establishing the site’s importance in acknowledge some of the hard-working public erwise afford to pursue their musical passions. American history. Eventually the US Army built servants who played especially key roles. Quinn’s program, ‘‘An Instrument in Every a fort at Yuma and used it as a supply base DDS Medical Consultant Dr. Ascisclo Hand,’’ has assisted more than 40 local chil- for its southwestern operations. Yuma was Marxuach; DDS Medical Consultant Dr. dren by donating used or refurbished musical also the site of the infamous Arizona Territorial Vicente Sanchez; DDS Systems Manager instruments. Mr. Wilson was inspired to pur- Prison, emblematic of the Wild West. Juan Ocasio; DDS Systems Manager Javier sue the initiative through his own experience

VerDate Sep 11 2014 07:32 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD14\FEB 2014\E26FE4.REC E26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E249 as the recipient of a donated instrument. To education and conference center for the New nity through his Eagle Scout project. Ryan ensure his program was a success, Quinn re- England Air Museum. worked with First United Methodist Church of cruited a group of volunteers, arranged and Re-elected to the District in 2012, Elaine Maryville, Missouri, to set up a perpetual com- advertised an instrument drive, and coordi- continued as on as a passionate legislator for munity assistance program and completed nated necessary repair assistance with a local issues including worker safety, health care multiple projects as models for the program. music store. There is no doubt Quinn’s self- and gun control despite her diagnosis of can- Mr. Speaker, I proudly ask you to join me in less efforts brought immeasurable joy and cer. Elaine also remained on as Suffield Town commending Ryan Owens for his accomplish- lasting benefits to the young people who ben- Clerk, a position she had held since 1998. ments with the Boy Scouts of America and for efited from An Instrument in Every Hand. On February 21, 2014, Elaine lost her cou- his efforts put forth in achieving the highest Mr. Speaker, it is with great pride that I rec- rageous battle with brain cancer at the age of distinction of Eagle Scout. ognize and applaud Mr. Wilson for his sincere 58, and will be sorely missed by her family f dedication to positively impacting the lives of and Connecticut community. Elaine is suc- others in his community. Quinn’s commitment ceeded by her husband, three sons, and HONORING THE LIFE AND LEGACY to a cause greater than himself is a testament seven stepchildren. OF REGGIE MOORE to the high-quality character and unwavering Mr. Speaker, I ask all my colleagues to join work ethic instilled in Iowans both young and me in honoring the life and extraordinary serv- HON. JERRY McNERNEY old. Our future is bright with young people like ice of Elaine O’Brien, and offering our condo- OF CALIFORNIA Quinn, and it is an honor to represent him and lences to the family and friends she leaves be- IN THE HOUSE OF REPRESENTATIVES his family in the United States Congress. I in- hind. Wednesday, February 26, 2014 vite my colleagues in the House to join me in f congratulating Quinn, thanking his supportive Mr. MCNERNEY. Mr. Speaker, I ask my col- family, and thanking all of those involved in RECOGNIZING CHRIS TOMKY leagues to join me in honoring the life and leg- this wonderful project for their life-changing ef- acy of Antioch’s first African-American city forts. HON. CORY GARDNER council member, Reggie Moore. f OF COLORADO Reggie’s tireless commitment to serving oth- IN THE HOUSE OF REPRESENTATIVES ers is an inspiration to me and the residents IN TRIBUTE TO THE HON. ELAINE of my district. First elected to the Antioch City O’BRIEN Wednesday, February 26, 2014 Council in 2006, Reggie quickly made his Mr. GARDNER. Mr. Speaker, I rise today to mark by championing causes that would ben- HON. JOE COURTNEY honor Chris Tomky, a farmer from Crowley efit the city and its residents. He also started OF CONNECTICUT County, Colorado who recently received the Antioch’s annual Martin Luther King Day cele- IN THE HOUSE OF REPRESENTATIVES East Otero Conservation District 2013 Con- bration, which honors Dr. King’s work by pro- servationist of the Year. moting volunteerism and by providing scholar- Wednesday, February 26, 2014 Chris comes from a long line of outstanding ships for Antioch students. Mr. COURTNEY. Mr. Speaker, I rise with farmers. His grandfather, father and other fam- Reggie worked tirelessly to improve the great solemnity to share with you the recent ily members are accomplished farmers. He lives of others, and he was a strong advocate death of the Honorable Elaine O’Brien. Elaine grew up with farming in his blood, helping his for labor and workers’ rights. Under his leader- O’Brien was a respected lawmaker and long- family in any way he possibly could from a ship as President of the American Federation term resident of Suffield, Connecticut, where very young age. of State, County and Municipal Employees she served for the last 20 years as a commu- Today, he is focused on producing success- Local 444 from 2003 to 2007, Reggie fought nity volunteer and a member of local govern- ful yields while utilizing good farming practices to improve working conditions and benefits for ment. that promote conservation. His efforts have the union’s employees. Originally from Medford, Massachusetts, ensured his operation will be as efficient and As Black History Month comes to a close, I Elaine’s focus and tenacity saw her become sustainable as possible for years to come. ask my colleagues to join me in honoring the the youngest female graduate from the Bev- Chris’s hard work and dedication to con- memory of Reggie Moore—a trailblazer who erly Airport flight school in 1972 before going servation practices include installing water was deeply committed to the cause of improv- on to be a pilot and instructor. control structures, irrigation pipeline, grated ing the lives of his fellow citizens. Moving with her family of three sons to pipe, concert ditches and land leveling on var- f Suffield, Connecticut, Elaine became an active ious sections of farm ground. His efforts have part of the town in posts including President of set a strong example for a new generation of IN RECOGNITION OF THE BROTH- the Parent Teacher Association; a 13-year farmers in Colorado. ERHOOD OF CHEFS FOR THEIR elected member of the School Committee; and I am pleased to join the East Otero Con- COMMUNITY SERVICE TO THE President of the Suffield Rotary Club. Recog- servation District in recognizing Chris Tomky WYOMING VALLEY CHILDREN’S nized as a respected advocate for local as the 2013 Conservationist of the Year. ASSOCIATION issues, Elaine was elected to the Planning and f Zoning Commission in 1991 followed by the HON. MATT CARTWRIGHT HONORING RYAN OWENS Board of Education in 1993. Serving for 12 OF PENNSYLVANIA years on the Board of Education, Elaine led IN THE HOUSE OF REPRESENTATIVES infrastructure projects as chairman of the Fa- HON. SAM GRAVES Wednesday, February 26, 2014 cilities and Transportation Committee and OF MISSOURI played an important role in school program IN THE HOUSE OF REPRESENTATIVES Mr. CARTWRIGHT. Mr. Speaker, I rise development as representative to the Capitol today to honor the Brotherhood of Chefs of Region Education Council. Wednesday, February 26, 2014 Northeastern Pennsylvania, who volunteered Widely supported by her local constituents Mr. GRAVES of Missouri. Mr. Speaker, I their time and expertise to host the third an- in Suffield, East Granby, and Windsor, Elaine proudly pause to recognize Ryan Owens. nual ‘‘Cooking for a Cause’’ event on February was elected to the Connecticut General As- Ryan is a very special young man who has 24, 2014. sembly in 2010 as the Representative for the exemplified the finest qualities of citizenship For the third year the Brotherhood of Chefs 61st District. Elaine served on the House Ap- and leadership by taking an active part in the has donated their culinary skills to help a num- propriations, Commerce, and Transportation Boy Scouts of America, Troop 75, and earning ber of nonprofit agencies whose mission is to Committees. Garnering bipartisan support to the most prestigious award of Eagle Scout. benefit children in need. Many of these organi- form a manufacturing caucus in the Com- Ryan has been very active with his troop, zations rely on events, like ‘‘Cooking for merce Committee, Elaine has been credited participating in many scout activities. Over the Cause,’’ to support their daily programming by her colleagues for her promotion of job many years Ryan has been involved with costs and without their support might find the growth in Connecticut manufacturing. Working scouting, he has not only earned numerous need to scale back basic services to children tirelessly to improve local infrastructure, Elaine merit badges, but also the respect of his fam- with special needs. An event like this offers an won key grants for projects such as the exten- ily, peers, and community. Most notably, Ryan opportunity for the entire community to come sion of utilities near Bradley International Air- has become a Member of the Tribe of Mic-O– together to celebrate and support many worthy port in Suffield, and the construction of an Say. Ryan has also contributed to his commu- childhood development agencies. ‘‘Cooking for

VerDate Sep 11 2014 07:32 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD14\FEB 2014\E26FE4.REC E26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE E250 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2014 a Cause’’ under the able leadership of Tom The intent of the funding in this legislation is Environment Coalition to call on Congress to Malloy, President, Nello Allegrucci, Vice Presi- to address the emerald ash borer problem. renew the wind production tax credit. dent, Ed Ancas, Secretary and Carmen The TREE Act will provide critical assistance The wind production tax credit incentivizes Allegrucci, Treasurer, along with an extremely to communities by restoring funding to the US clean, domestic energy generation, and has talented team of 20 chefs has made significant Department of Agriculture’s office of Animal been critical to enhancing America’s renew- contributions in its brief history. and Plant Health Inspection Services (APHIS) able energy renaissance. Wind energy creates I join with other members of my local com- back to its previous level of $37 million to con- jobs, saves consumers money on their utility munity in congratulating the Brotherhood of tinue to ramp up their work to find a means to bills, and reduces carbon emissions. Chefs of Northeastern Pennsylvania for donat- control and eradicate the emerald ash borer. Wind energy, and the industry it supports, is ing their time and unique talent to making our Further, it will increase funding for grant pro- important to Colorado. Wind power supplies community a better place and for focusing grams that directly assist local and state gov- over 800,000 Colorado homes and employs their efforts on children in need in our commu- ernments dealing with this issue as they co- approximately 5,000 Coloradans. In addition, a nity. I believe this effort reveals the American ordinate with their communities and private thriving wind industry has brought over $4.2 spirit of generosity and selfless giving that is property owners impacted by the infestation of billion in capital investments and provided land one of our greatest virtues. the emerald ash borer. owners and communities with millions in land f To do so, the TREE Act would provide an lease payments. additional $15 million to the Forest Health Most Americans support renewable energy. CONGRATULATING FLACHTEMEIR Management Cooperative Land program to be In fact, thirty states and the District of Colum- MONUMENT COMPANY ON THEIR used to help communities address emerald bia already have renewable generation stand- 140TH ANNIVERSARY ash borer infestations. As well, an additional ards and seven states have voluntary goals. $5 million would be provided to the Urban and Colorado has capitalized on its tremendous HON. CHERI BUSTOS Community Forestry program to increase wind potential by enacting one of the highest OF ILLINOIS grants available for combating the ash borer Renewable Portfolio Standards in the nation— IN THE HOUSE OF REPRESENTATIVES infestation, and ‘‘re-greening’’ efforts as com- 30 percent renewable energy generation by Wednesday, February 26, 2014 munities diversify their tree populations and 2020. Colorado utilities are ahead of schedule replenish shade where ash trees have been in achieving this goal and in doing so they are Mrs. BUSTOS. Mr. Speaker, I rise today to lost. congratulate Flachtemeier Monument Com- discovering that wind energy makes economic f pany in Freeport, Illinois, on the occasion of sense for their ratepayers and their investors. their 140th anniversary. REMEMBERING DOUG MOHNS Last year I introduced the Renewable Elec- Flachtemeier Monument was founded in tricity Standard Act with Representatives BEN ´ 1874 when Frederick Flachtemeier began his HON. MIKE QUIGLEY RAY LUJAN and ANN KUSTER. This legislation would build on the success of state-based re- stone carving business in Freeport. Over the OF ILLINOIS newable energy standards by implementing a next 140 years, Flachtemeier Monument Com- IN THE HOUSE OF REPRESENTATIVES 25 percent renewable energy goal by 2025. pany has supported grieving families and Wednesday, February 26, 2014 helped them memorialize their loved ones. Ric Providing tax credits for renewable energy de- Knox, the current branch manager, loves that Mr. QUIGLEY. Mr. Speaker, this month the velopment is not just important for meeting his job allows him to connect with the commu- city of Chicago lost a hockey legend, Doug these goals, but is also important to level the nity, explaining that ‘‘total strangers come into Mohns. Doug was a member of the Chicago playing field with our energy industries that re- my life and invite me into their life.’’ Blackhawks from 1964 to 1971, where he ceive a myriad of tax credits and incentives. In honor of its 140th anniversary, played left wing on one of the greatest lines in The wind production tax credit has fueled a Flachtemeier Monument Company is NHL history—the ‘‘Scooter Line’’—with Kenny thriving U.S. wind energy market. This tax in- partnering with the Freeport Chamber of Com- Wharram and Stan Mikita. centive drives increased investments and stim- Doug was a stalwart player in the NHL at a merce for a community event later this year. ulates the economy. As a former entrepreneur, time when there were only six franchises. Ri- Additionally, the company plans to donate a I know that uncertainty about the production valries were intense, no one wore helmets and portion of its sales to United Way of Northwest tax credit will slow wind energy deployment, players were intimately acquainted with the Illinois whenever a customer mentions one of put good quality jobs at risk, and cause capital strengths and weaknesses of every opponent their affiliated charities. investments to dwindle. That is why we must they faced. renew a long-term wind production tax credit. Mr. Speaker, I want to again congratulate Mohns earned the nickname ‘‘Dougie the Flachtemeier for reaching this impressive mile- The wind production tax credit is essential Diesel’’ because his piston-like legs dug into to American jobs, economic growth, and the stone. Ric Knox says of the people he memo- the ice and propelled him like a locomotive. rializes that ‘‘their legacy lives on, if I do my success of the wind energy industry. We must He enjoyed his best season with the renew the wind production tax credit. job right.’’ Through Knox and his entire com- Blackhawks in 1967, when he tallied 25 goals f pany, Frederick Flachtemeier’s legacy has and 35 assists in just 61 games. His impact lived on for 140 years and will hopefully con- on the ice was instrumental to the HONORING ZANE ALEXANDER tinue to thrive and support our community for Blackhawks’ first ever regular season title. SMITH many more. Mohns went on to have four 20-goal seasons f with the Blackhawks. HON. SAM GRAVES Mohns’ durability and versatility as a skater TREE ACT OF MISSOURI contributed to his remarkable longevity. During IN THE HOUSE OF REPRESENTATIVES a span of 22 seasons in the NHL, he played HON. BRUCE L. BRALEY in 1,390 games and seven all-star games, Wednesday, February 26, 2014 OF IOWA while amassing 248 goals and 462 assists. IN THE HOUSE OF REPRESENTATIVES Mr. GRAVES of Missouri. Mr. Speaker, I I join the city of Chicago in remembering proudly pause to recognize Zane Alexander Wednesday, February 26, 2014 one of the greatest hockey players to ever Smith. Zane is a very special young man who Mr. BRALEY of Iowa. Mr. Speaker, today I step on the ice, Doug ‘‘Dougie the Diesel’’ has exemplified the finest qualities of citizen- introduced the Temporary Assistance for Mohns. ship and leadership by taking an active part in Emergency Eradication (TREE) Act to provide f the Boy Scouts of America, Troop 216, and communities in my home state of Iowa, and RENEW THE WIND PRODUCTION earning the most prestigious award of Eagle across the nation, with assistance to deal with TAX CREDIT Scout. the emerald ash borer. The emerald ash Zane has been very active with his troop, borer, first found in Michigan by way of ship- participating in many scout activities. Over the ping crates from China, is an invasive beetle HON. JARED POLIS many years Zane has been involved with OF COLORADO that is thriving in America as it decimates our scouting, he has not only earned numerous IN THE HOUSE OF REPRESENTATIVES ash tree populations in more than twenty merit badges, but also the respect of his fam- states. In my state alone, it will cost approxi- Wednesday, February 26, 2014 ily, peers, and community. Most notably, Zane mately $3 to remove these trees that now Mr. POLIS. Mr. Speaker, I rise today as a has contributed to his community through his pose a public safety hazard. member of the House Sustainable Energy and Eagle Scout project. Zane repainted three

VerDate Sep 11 2014 07:32 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD14\FEB 2014\E26FE4.REC E26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E251 signs for VFW Post 919 in Trenton, Missouri. Saralee was kind, magnetic and loving. Her First, our bill makes sure that if you break This facility’s signs were in need of aid and zest for life and ‘‘can-do’’ attitude were con- the law, Social Security has the resources to the VFW holds a special meaning to Zane due tagious. Mr. Speaker, it is appropriate at this make sure the crime is investigated and pros- to his involvement with the Civil Air Patrol and time that we honor and thank Saralee McClel- ecuted. We would require SSA to have special military veterans. lan Kunde for her life of service to a grateful fraud-busting investigative units covering all 50 Mr. Speaker, I proudly ask you to join me in community. states, provide the resources needed to staff commending Zane Alexander Smith for his ac- f them with the right people, and increase pros- complishments with the Boy Scouts of Amer- ecutions of people who steal from Social Se- ica and for his efforts put forth in achieving the INTRODUCTION OF THE SOCIAL curity. highest distinction of Eagle Scout. SECURITY FRAUD AND ERROR Second, our bill makes sure the penalty is PREVENTION ACT OF 2014 f equivalent to the crime. Because Social Secu- rity requires applicants to prove they are eligi- PERSONAL EXPLANATION HON. XAVIER BECERRA ble for benefits by providing extensive medical OF CALIFORNIA and vocational evidence, cheating Social Se- HON. LOIS CAPPS IN THE HOUSE OF REPRESENTATIVES curity usually requires collusion from trusted OF CALIFORNIA Wednesday, February 26, 2014 people like doctors, beneficiary representa- IN THE HOUSE OF REPRESENTATIVES tives, and judges. Our bill would increase the Mr. BECERRA. Mr. Speaker, for 77 years, monetary penalties for fraud, but most impor- Wednesday, February 26, 2014 Social Security has been the bedrock of eco- tantly, as Social Security’s Inspector General nomic security for American families. Genera- Mrs. CAPPS. Mr. Speaker, I was not able to recommends, we would significantly increase tions of Americans have contributed to Social be present for the following rollcall vote on the penalty for fraud by those who know bet- Security with every paycheck, knowing that February 25, 2014 and would like the record ter. We’d make it a felony to conspire to de- they and their families will be protected if they to reflect that I would have voted as follows: fraud Social Security, so prosecutors can nail die, become disabled, or retire. As a result of rollcall No. 63: ‘‘yes’’; and rollcall No. 64: ‘‘no.’’ fraud ringleaders, and we allow prosecutors to their contributions—$14.6 trillion over Social f ask for a long sentence—up to 10 years— Security’s lifetime—Social Security currently against those who violated a position of trust HONORING SARALEE MCCLELLAN has a $2.7 trillion surplus. to breach Social Security’s defenses. KUNDE Social Security benefits are modest—about Third, our bill makes sure Social Security $15,000 a year for an average senior and can afford to use the tools that have been ef- HON. MIKE THOMPSON even less for a disabled worker—but for most fective in detecting and preventing fraud and OF CALIFORNIA recipients, their Social Security paycheck is errors before a single penny is paid out of the IN THE HOUSE OF REPRESENTATIVES more than half their monthly income. Trust Funds. As a representative of those Americans and Wednesday, February 26, 2014 Over the years, Social Security has devel- the Ranking Democrat on the Social Security oped a number of proven techniques that sig- Mr. THOMPSON of California. Mr. Speaker, Subcommittee, I believe we have no more im- I rise today to honor the memory of Saralee nificantly reduce fraud and errors. portant responsibility than to make sure that What’s holding them back? McClellan Kunde, who passed away on Janu- Americans receive their earned Social Security To be frank, money. ary 26, 2014, after 66 remarkable years. benefits on time, and in full. That means pro- Despite a growing number of Americans ap- Saralee devoted her life to bettering the tecting Social Security against fraud and er- plying for and receiving Social Security, SSA’s community and the people she so cherished. rors, and it means doing so in a way that does budget is lower now than it was four years She was a tireless and passionate advocate not delay needed benefits for honest, hard- ago. They’ve lost one out of ten front-line for agriculture in Sonoma County. Raised on working Americans. workers to budget cuts. And Republicans in her family’s dairy ranch, Saralee never Social Security’s overpayment rate is 0.22 Congress blocked hundreds of millions of dol- wavered from promoting the agricultural leg- percent. Most of these overpayments are be- lars that the Budget Control Act authorized for acy into which she was born. cause of errors, but a small part of it is fraud. SSA’s most cost-effective methods of pre- She was an impassioned supporter of 4-H But Social Security employees believe—and I venting waste, fraud and abuse. and the Future Farmers of America (FFA) as agree with them—that we could do even more Our bill would change that, providing SSA well as of the Sonoma County Fair and the to safeguard Social Security. with guaranteed funding for their most effec- Sonoma County Harvest Fair. She was equal- Recently the Social Security Administration tive strategies to prevent fraud and errors. The ly as dedicated to promoting the Russian has uncovered several fraud conspiracies bill will also provide additional resources to re- River Valley as a premiere wine region. To- where Social Security contributions made by coup benefits that shouldn’t have been paid, gether with her husband, Richard Kunde, honest Americans were stolen to pay benefits along with penalties, if the payments were the Saralee owned and operated a 265-acre vine- to people who didn’t earn them. In one of the result of fraud. yard that produced wine grapes for renowned conspiracies, the ringleaders even instructed We’d demand something in exchange for wineries in the Sonoma and Napa Valleys as people to pretend they were disabled as a re- the guaranteed money: complete transparency well as across our Nation. Perhaps most ad- sult of the tragic events of September 11. and accountability. Social Security could only mirable about the Kunde estate was the pri- The good news is, when you invest in de- use the dedicated funds for the most important vate park Saralee and Richard created. Once veloping quality, well-trained employees to and effective strategies. They would have to an overgrown field, the park known as ‘‘Rich- protect Social Security, it pays off. Social Se- report annually to Congress how much they ard’s Grove and Saralee’s Vineyard,’’ hosted curity’s front-line employees detected the spent and what savings their efforts generated countless community and charitable events. fraud, and with the help of Social Security’s for Social Security’s trust funds. And the new Aside from her work to promote Sonoma trained investigators, the ringleaders have funds would only be available for additional County Agriculture, one of the most poignant been charged with felonies and Social Secu- fraud and error fighting—not to replace what examples of Saralee’s devotion to bettering rity has begun the process of recovering the they’re already spending out of their regular her community are the thousands of daffodils money stolen from the trust fund. budget. she planted each year along the highways and But the bad news is that these conspiracies Our bill isn’t the complete answer to pro- back roads of Sonoma County. show that Social Security is a tempting target tecting Social Security’s trust fund. As we con- Her unwavering passion and dedication to for those willing to break the law, and Social sulted Social Security employees, managers, the many causes and organizations she cham- Security’s hardworking staff need more tools experts, and beneficiary advocates, they all pioned was an inspiration to all. And in turn, to fight them and to make sure Social Security told us the same thing: The best defense Saralee was beloved by all those who were only pays benefits to those who should re- against fraud and errors is a well-staffed, well- fortunate enough to have known her. Saralee ceive them. trained SSA. And for that to happen, Repub- was inducted into the Sonoma County Farm That’s why my colleagues and I are intro- licans in Congress have to agree to fund Bureau Hall of Fame in 2013. She was hon- ducing the Social Security Fraud and Error SSA’s overall budget. ored as a Friend of Agriculture by the Sonoma Prevention Act of 2014. Our bill gives Social But providing guaranteed funding to fight County Harvest Fair, was awarded the Shining Security new tools to find fraud and errors, re- fraud will at least spare SSA from having to Star Award by the 4-H Foundation as well as coup money that should be in the trust funds, choose between preventing fraud and proc- with the Leadership in Agriculture Award by and throw the book at people who steal from essing applications so that Americans receive the Santa Rosa Chamber of Commerce. Social Security. the benefits they earned on time and in full.

VerDate Sep 11 2014 07:32 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD14\FEB 2014\E26FE4.REC E26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE E252 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2014 I hope we can work together in a bipartisan twenty-fifth anniversary of its founding this that California leads in all sources of renew- way to enact this bill and protect Social Secu- year. able energy and that clean wind energy is cre- rity. Mr. Speaker, fellow Members, please join ating 5,830 megawatts of power. f me in wishing Mr. Frederick W. Anton III a In California, we have attracted over $11 bil- happy eightieth birthday and thanking him for lion dollars in capital investment, and the land HONORING THE SERVICE OF his more than fifty years of service to manu- leases generate a least $27 million each year JEFFREY HOUDE facturers, workers, and all citizens of the Com- for the local government. Wind powers over monwealth of Pennsylvania. 2.1 million homes in California. We have al- HON. CHERI BUSTOS f ways been leaders in this area, and we will OF ILLINOIS continue to lead in advanced energy. IN RECOGNITION OF PATRICK J. In 2013, the advanced energy economy IN THE HOUSE OF REPRESENTATIVES SOLANO FOR HIS DISTINGUISHED grew twice as fast as the global economy. In Wednesday, February 26, 2014 PUBLIC SERVICE order for our wind companies to compete on Mrs. BUSTOS. Mr. Speaker, I rise today to a global level, we need to make sure that they talk about Investigator Jeffrey Houde of Rock- HON. MATT CARTWRIGHT have certainty in federal policy. Companies, wind or not, need stability in our policies so ford, Illinois, who retired from the Rockford Po- OF PENNSYLVANIA that they can plan their growth and invest- lice Department on January 17th. IN THE HOUSE OF REPRESENTATIVES Investigator Houde joined the Rockford Po- ments accordingly. We cannot keep enacting lice Department on July 27th, 1987 as a Patrol Wednesday, February 26, 2014 one-year policies when it takes companies Officer and served the city of Rockford for Mr. CARTWRIGHT. Mr. Speaker, I rise more than a year to apply for and receive ap- over 26 years. On September 29th, 1991, he today to honor Patrick J. Solano for his life- propriate permits. We must ensure that our tax was promoted to Detective and assigned to long commitment to public service. For his dis- policies, among others, are fair and encourage the Investigative Services Bureau Identification tinguished civic career, Mr. Solano has been American businesses to grow. Today, I would like to honor everyone who Unit. Houde remained with the Identification selected as the recipient of the 2013 Attorney works in the American wind industry and all Unit until his retirement, eventually taking over Joseph Saporito, Sr., Greater Pittston Lifetime who benefit from its clean energy. day to day operations for five years before vol- of Service Award. untarily returning to his role as an Investigator. During World War II, Mr. Solano served in f Mr. Speaker, I’d like to thank Investigator the U.S. Army Air Corps. While in the military, HONORING ZELMA LONG Jeffery Houde for his years of dedicated serv- he completed 23 combat missions over Ger- ice to our community and congratulate him on many with the Eighth U.S. Army Air Corps HON. MIKE THOMPSON his retirement. Heavy Bombardment Group. For his exem- OF CALIFORNIA f plary service to our nation, Mr. Solano was IN THE HOUSE OF REPRESENTATIVES awarded the Group Presidential Citation, the Wednesday, February 26, 2014 CELEBRATING THE EIGHTIETH Air Force Medal with two Oak Leaf Clusters, BIRTHDAY OF MR. FREDERICK and the European Combat Theatre Medal with Mr. THOMPSON of California. Mr. Speaker, W. ANTON III two Bronze Stars. I rise today to recognize and honor my good Upon his retirement from military service, friend, Zelma Long, as she celebrates her HON. KEITH J. ROTHFUS Mr. Solano dedicated himself to serving both 70th birthday. It is not uncommon to be knowledgeable OF PENNSYLVANIA his community and the Commonwealth of about growing, producing and consuming wine Pennsylvania. Mr. Solano has been an integral IN THE HOUSE OF REPRESENTATIVES in Napa and Sonoma Counties, but Ms. part of the civic leadership of Greater Pittston. Wednesday, February 26, 2014 Long’s fame and accomplishments elevate her He has served on dozens of local committees, far above the average. She and her then-hus- Mr. ROTHFUS. Mr. Speaker, I rise today to boards and organizations including the Pittston band Bob Long established Long Vineyards in wish Mr. Frederick W. Anton III a happy eight- Township Bicentennial Committee. Since ieth birthday and to congratulate him on a long my home town of St. Helena, which the two of 1969, Mr. Solano has also held numerous po- them continue to operate today. Here she and distinguished career as an innovator, sitions in the state government and worked leader, and faithful public servant. found her calling in viticulture and in producing with ten Pennsylvania governors. He served some of the finest wines to come out of Napa Mr. Anton joined the Pennsylvania Manufac- as the acting secretary of the Pennsylvania turers’ Association over five decades ago in and Sonoma. Department of Conservation and Natural Re- She first worked with the legendary Robert 1962 and became its President and Chief Ex- sources when it was first established and was Mondavi as Chief Enologist at his winery in ecutive Officer in 1975. recently honored by that agency for his dedi- Napa County, before becoming Vice President Today, Mr. Anton continues to lead the or- cation to Pennsylvania’s state parks and for- of Business Development at Chandon Estates ganization that is the leading advocate for ests. winery in Napa Valley. Ms. Long moved over manufacturers and workers throughout the Mr. Solano has received numerous other to Sonoma County as Vice President and later Commonwealth. The Pennsylvania Manufac- awards, including the Greater Wilkes-Barre President and CEO of Simi Winery in turers’ Association continues to be a vibrant Chamber of Commerce’s Lifetime Achieve- Healdsburg. At the time, she was the first organization with a strong voice thanks in ment Award and the United States Army woman to assume senior management of a large part to his efforts. Corps of Engineers Commander’s Award. California winery. Mr. Anton’s public service extends far be- I would like to thank Mr. Solano for his Ms. Long was the first President of the yond his work at the Pennsylvania Manufac- years of civic service on behalf of northeastern Americana Vineyard Foundation and one of its turers’ Association. He has long served as a Pennsylvania and the entire Commonwealth. I founding members. This organization helped strong voice for fiscal policies that will grow am moved by his dedication and leadership, finance research in enology and viticulture. the economy, add jobs, and leave a better as I’m sure many others are. It is my pleasure She was also a founding member of the Pennsylvania for future generations. to recognize his work, and I am certain that American Viticulture and Enology Research In the late 1980s, as President Ronald his dedication to our state will continue. Network. In 2000 she established her own Reagan was preparing to return to life as a f international wine consulting business, with cli- private citizen, Mr. Anton observed that there ents in California, Washington, Italy, France was no policy infrastructure in place in Harris- WIND POWER and Argentina. She and her husband, Dr. Phil burg to continue to advocate for the fiscal poli- Freese, are California joint venture partners in cies President Reagan championed while in HON. SCOTT H. PETERS Vilafonte Vineyards in South Africa, the only office. OF CALIFORNIA South African winery to have been nominated To fill that void, Mr. Anton set about the IN THE HOUSE OF REPRESENTATIVES twice for designation as ‘‘New World Winery of work of co-founding the Commonwealth Foun- the Year.’’ dation and the Pennsylvania Leadership Con- Wednesday, February 26, 2014 She has been inducted into the James ference. Today, both continue to serve as im- Mr. PETERS of California. Mr. Speaker, Beard Hall of Fame, named a California Wine portant beacons of conservative fiscal policy in wind energy provides thousands of jobs in my Pioneer by Wine Spectator Foundation, se- our Commonwealth. In fact, the Pennsylvania home state of California, and it is powering us lected to receive one of Italy’s most pres- Leadership Conference is celebrating the towards a clean energy economy. I am proud tigious wine awards, the MASI, and honored

VerDate Sep 11 2014 07:32 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD14\FEB 2014\E26FE4.REC E26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E253 as Alumni of the Year by both Oregon State served continuously until his retirement in Feb- Hemidysplasia with Ichthyosiform University, where she did her undergraduate ruary of 2014. Throughout his career with the Erythroderma and Limb Defects Syndrome), a work, and the University of California Davis, City of Euless, Ron has accomplished many rare genetic birth disorder that mostly affects where she did her graduate work. achievements such as obtaining the ranks of girls. Consequently, the left side of her body is While continuing to make global wines she Corporal in 1991 and Sergeant in 1993. Addi- underdeveloped. Ms. Jallen has only one leg finds the time to further her education at UC tionally, Ron has served a decorated career and one fully developed arm. Despite a life-al- Davis in a Ph.D. program in Performance earning over 40 personnel commendations, tering condition, Stephanie has thrived. Studies and Native American Studies, which Police Officer of the Year in 1983, Supervisor At the age of nine, Stephanie was first intro- she began in the fall of 2009. of the Year in 1996, Life Saving Award in duced to skiing by the Pennsylvania Center for Mr. Speaker, Zelma Long is a giant in the 1999, and the prestigious Blackie Sustaire Adapted Sports. She met and trained with wine industry, a woman with a long list of ac- Award in 2011. Mau Thompson, who would help her enter complishments and a good friend. It is appro- Ron has a diverse background in law en- multiple NorAm ski races. With Mr. Thomp- priate that we recognize and honor her today forcement as evident in the following depart- son’s assistance, Stephanie became involved and wish her a very Happy 70th Birthday. ments in which he operated. He served in the with the U.S. Paralympics Alpine Skiing Team f Patrol Division from 1980 to 1985, Criminal In- and was named to her first national team for vestigation Division from 1985 to 1999 and the 2011–12 season. Since then, she has HONORING KENNETH SCHWEIZER 2001 to 2004, Community Service from 1999 been a part of the two most recent national to 2001, and Administrative Internal Affairs teams. She has competed in countries across HON. CORY GARDNER from 2004 to 2014. In each department listed, the globe, including Germany and Australia. OF COLORADO Ron has held a supervisory position. Ron has Ms. Jallen is the epitome of a student-ath- IN THE HOUSE OF REPRESENTATIVES been an important leader in the Euless Police lete. She trains and competes while also bal- Wednesday, February 26, 2014 Department, and his guidance will be missed. ancing academics. Stephanie is a senior in my Ron has also earned a number of certifi- Mr. GARDNER. Mr. Speaker, I rise today to district at Wyoming Area Secondary Center, cations and academic degrees within the field honor Kenneth Schweizer, from Rocky Ford, and she has been accepted to Kings College of law enforcement. The distinctions Ron has Colorado, who was recently named the West in Wilkes-Barre where she will be starting in received over the years include the Basic Po- Otero Conservation District 2013 Conserva- the fall as a freshman. lice Certification in 1980, Intermediate Police tionist of the Year. I would like to commend Stephanie Jallen Certification in 1987, Dare Officer Certification Raised to be a farmer and rancher, at age on her determination to compete on a global in 1988, Advanced Police Certification in 1991, 6, Kenneth began driving a tractor. He rented stage and wish her the best of luck as she and Master Police Certification in 1999. In his first farm when he was just a junior in high proudly represents our country in the 2014 1994, Ron graduated from the Southwest Law school. Winter Games. Her remarkable story has From the beginning, conservation practices Enforcement Institute School of Police Super- brought her community together like few were a priority for Ken. He has dedicated him- vision; additionally, he completed Basic SWAT things can, and she has inspired many fellow self to promoting good farming practices that Operations Training in 1989 to become a su- students and citizens of northeastern Pennsyl- make his farm efficient and sustainable. His pervising SWAT leader. Overall, Ron received vania to be the best they can be. conservation practices include utilizing under- over 2,600 hours of in-service training f ground irrigation pipe, gated pipe, water con- throughout his career. Mr. Speaker, on behalf of the 24th Congres- OUR UNCONSCIONABLE NATIONAL trol structures, pumping plants and center piv- sional District of Texas, I ask all my distin- DEBT ots. Ken also has a passion for building things guished colleagues to join me in thanking Ron with his hands and has built a hay stacker and Williamson for his 34 years of public service a High Boy sprayer. HON. MIKE COFFMAN In addition to his farm operations, he is an as a Euless Police Officer. OF COLORADO active member of his community, serving in f IN THE HOUSE OF REPRESENTATIVES the Otero County Farm Bureau, Rocky Ford PERSONAL EXPLANATION Wednesday, February 26, 2014 Growers Coop Association, Future Farmers of Mr. COFFMAN. Mr. Speaker, on January America Advisory Board, Manzanola Methodist HON. DANIEL WEBSTER 20, 2009, the day President Obama took of- Church, Otero County 4–H Foundation, the OF FLORIDA fice, the national debt was Horse Creek Grazing Association and the Col- IN THE HOUSE OF REPRESENTATIVES $10,626,877,048,913.08. orado State Farm Bureau. He and his wife Ar- Today, it is $17,413,220,474,647.90. We’ve lene have contributed greatly to strengthening Wednesday, February 26, 2014 added $6,786,343,425,734.82 to our debt in 5 their community. Mr. WEBSTER of Florida. Mr. Speaker, on years. This is over $6.7 trillion in debt our na- I am pleased to join the West Otero Con- rollcall No. 56, had I been present, I would tion, our economy, and our children could servation District in recognizing Kenneth have voted ‘‘yes.’’ have avoided with a balanced budget amend- Schweizer as the 2013 Conservationist of the f Year. ment. IN RECOGNITION OF THE OUT- f f STANDING DETERMINATION AND HONORING THE SERVICE OF EU- COMMUNITY SPIRIT OF STEPH- REMEMBERING DOUG JARRETT LESS POLICE OFFICER RON ANIE JALLEN, A 2014 WINTER WILLIAMSON PARALYMPIC GAMES ALPINE HON. MIKE QUIGLEY SKIER OF ILLINOIS HON. KENNY MARCHANT IN THE HOUSE OF REPRESENTATIVES OF TEXAS HON. MATT CARTWRIGHT Wednesday, February 26, 2014 IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA Mr. QUIGLEY. Mr. Speaker, this month the IN THE HOUSE OF REPRESENTATIVES Wednesday, February 26, 2014 city of Chicago lost Doug Jarrett, a hockey Mr. MARCHANT. Mr. Speaker, I am proud Wednesday, February 26, 2014 legend who dedicated 11 years of his career to recognize retiring Sergeant Ron Williamson Mr. CARTWRIGHT. Mr. Speaker, I rise to keeping the Blackhawks in Stanley Cup for his many years of public service as a po- today to honor Stephanie Jallen for her re- contention during the 1960s and early 1970s. lice officer with the City of Euless. markable and inspirational perseverance and The well-respected defenseman was not only Ron began his career in law enforcement in resolve. Ms. Jallen will represent the U.S. at known for his strong defensive play, but also the late 1970s when he served as a reserve the 2014 Winter Paralympic Games in Sochi, for his outgoing personality, which contributed officer for the Bedford Police Department. Russia, which take place March 7–16, and to the team’s tight-knit chemistry. While serving the City of Bedford, Ron was she has also been recognized by the Sunday Standing 6′3″, the ‘‘Chairman of the Boards’’ promoted to Reserve Sergeant and was briefly Dispatch of Pittston, Pennsylvania as the presented a stern test for opposing forwards. employed as a Bedford Police Officer. Greater Pittston Person of the Year for 2013. Rather than rely solely on brute strength, how- In 1980, Ron was hired as a patrol officer Ms. Jallen was born on February 13, 1996 ever, the crafty defender used his superior by the Euless Police Department where he with CHILD syndrome (Congenital reach to stay in position and out

VerDate Sep 11 2014 07:32 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD14\FEB 2014\E26FE4.REC E26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE E254 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2014 of the penalty box. He was also considered a King Jr. during his visit to Greensboro, Ala- tributions to the Civil Rights movement should clean hitter, whose hip check was among the bama in 1968. never be forgotten. Mrs. Burroughs risked her best in the league. Mrs. Burroughs was born on August 14, life to protect the most important figure in the Aside from his defensive prowess, Doug 1929 in Greensboro, Alabama. She attended Civil Rights movement and for that, she was known for his sense of humor and engag- Hale County Training School. At just ten years should be celebrated. As a benefactor of the ing personality, which was always evident old, Burroughs was certain that her calling blood that she and so many others shed, I ask when he got together with his teammate and was in style and beauty. It was at that age my colleagues to join me in honoring Mrs. close friend Dennis Hull. Together, Jarrett and that she built a clientele of women in her Theresa Burroughs, an American hero. Hull raised team spirits during the long and neighborhood who sought Burroughs for her f often challenging seasons. impeccable skills as a hairstylist. She charged INTRODUCING THE ‘‘SALMON Doug Jarrett’s distinguished NHL career 25 cents for her services and built a lasting SOLUTIONS AND PLANNING ACT’’ spanned over 775 regular season games and reputation with the women of Greensboro that 99 post season games where he amassed would sustain her for the rest of her life. Her 220 points. A London, Ontario native, Doug passion for beauty led her to the Besteda HON. JIM McDERMOTT was inducted into the London Ontario Sports School of Cosmetology in Mobile and Tusca- OF WASHINGTON Hall of Fame in 2011. loosa. After graduating, she returned to IN THE HOUSE OF REPRESENTATIVES For over a decade with the Blackhawks, Greensboro to open up her very own hair Wednesday, February 26, 2014 salon. Doug Jarrett was an outstanding defensemen Mr. MCDERMOTT. Mr. Speaker, American and an uplifting spirit for the team. I join the But, while she found lifelong success and gratification in the business, Burroughs recalls taxpayers and Pacific Northwest ratepayers city of Chicago in mourning the loss of one of have little to show for the more than $11 bil- our city’s sports icons. that she grew restless over the hardships blacks endured at the hands of racism and in- lion they have spent on salmon recovery ef- f equality. At 18, she joined with the Rev. J.J. forts in the Columbia and Snake River Basin. Since being listed for protection under the En- CHARLES AND DAVID KOCH Simmons, a local minister that would take blacks to the Hale County courthouse to at- dangered Species Act in the early 1990s, HON. MIKE POMPEO tempt to register to vote. Every first and third most of the thirteen native salmon and Monday of each month, Burroughs and others steelhead species remain near the depressed OF KANSAS would be turned away. But after 10 attempts, levels that triggered their protected status in IN THE HOUSE OF REPRESENTATIVES the group was successful. the first place. Wednesday, February 26, 2014 Burroughs credits Rev. Simmons with en- The value of these fish populations is unde- niable, holding major economic, environmental Mr. POMPEO. Mr. Speaker, I would like to couraging her to continue her role in the movement. As a result, she was on the and cultural significance to the Pacific North- submit the following: west. Even now, at their historically low levels, ‘‘We are disappointed, but not surprised, frontlines during ‘‘Bloody Sunday’’ in Selma, Alabama and was among the countless salmon add over a billion dollars to the re- that Senate Majority Leader Reid has once gion’s economy and constitute a vital part of again falsely attacked Charles Koch and marchers who were beaten during the dem- onstration. Her salon was also used as a communities throughout the Northwest. David Koch today on the Senate floor. The While continuing our efforts to protect salm- Democrats in general and Senator Reid in meeting place for Dr. King and others as they on and steelhead populations is critical, it is particular have targeted Charles Koch and gathered for planning sessions. She became clear that our current approach is not working. David Koch and tried to silence their dis- so influential in the movement that some of Over twenty years and $11 billion later, their agreement on important public policy issues her clients were instructed not to patronize her vulnerable status remains virtually unchanged. since 2010, using references to the IRS on oc- salon because she was deemed an ‘‘agitator.’’ casion to do so. Senator Reid’s attack Four Biological Opinions have been rejected Nonetheless, she remained committed to today—his third against Koch since January by the courts as insufficient for fish survival. doing her part. 30th—is particularly troubling because he Last month’s latest BiOp represents little appears to reference a television advertise- In March 1968, just two weeks before his death, Dr. King came to Greensboro to speak change from the previous version, stoking the ment produced by Americans for Prosperity possibility of renewed court challenges. in which a Michigan woman suffering from at a mass meeting. After the meeting, Dr. King It’s time to reevaluate our failed efforts and leukemia shared her experiences under was warned that members of the Klan planned consider the best approach forward, including Obamacare. While Charles Koch and David to assassinate him if he attempted to leave the possibility of removing four dams on the Koch were not responsible for the advertise- Greensboro and travel to Selma. He sought lower Snake River. Last century, over 1,100 ment in question, we believe it is disgraceful refuge in the home of Mrs. Burroughs’ parents that Senator Reid and his fellow Democrats dams were removed throughout the country. as churches were burned along his travel are attacking a cancer victim as part of Last month marked the start of the removal of route. He along with the Rev. Ralph Abernathy their campaign against Charles Koch and yet another dam: the Rockford Dam on Iowa’s and their driver Bernard Lee remained unde- David Koch.’’ Shell Rock River is being breached, among tected at the home until 4 a.m. Burroughs PHILIP ELLENDER, other reasons, to restore fish passage to 21.5 President, Koch Com- along with others kept watch as Klansmen miles of the river. The legislation I am re-intro- panies Public Sector, swarmed the streets of Greensboro in search ducing today, the Salmon Solutions and Plan- LLC, Government of Dr. King. and Public Affairs. In a recent Birmingham News article, Bur- ning Act, commissions studies to focus our ef- forts so that all factors are taken into account f roughs recalled what it meant to her to have a role in keeping Dr. King alive if only for a when considering dam removal. Our salmon HONORING THERESA BURROUGHS short time. ‘‘We helped keep Martin safe that recovery efforts must be informed, cost effec- DURING BLACK HISTORY MONTH night only to see him die two weeks later and tive, and successful. 2014 Inaction is not an option. We must use the you are tempted to think what good did we best available science to protect this vital really do,’’ said Burroughs. ‘‘But I know it American resource before it’s too late. HON. TERRI A. SEWELL mattered because Martin had another two OF ALABAMA weeks to do his work and two weeks in the life f IN THE HOUSE OF REPRESENTATIVES of a man like him was a lot.’’ RECOGNITION FOR ANNA JOLIVET Wednesday, February 26, 2014 Today, Burroughs continues to tell her com- pelling story through her work as director of HON. RON BARBER Ms. SEWELL of Alabama. Mr. Speaker, I the ‘‘Safe House Museum’’ in Greensboro, OF ARIZONA rise today to continue my commitment to pay- Alabama. The museum is housed in the same IN THE HOUSE OF REPRESENTATIVES ing homage to influential African Americans home where Dr. King took refuge in 1968. from the state of Alabama during this Black Mrs. Burroughs donated her parent’s property Wednesday, February 26, 2014 History Month. Today, we pause to pay tribute to the city to preserve the historic site for fu- Mr. BARBER. Mr. Speaker, I rise today to to one of Alabama’s most courageous and ture generations. At the museum, visitors are recognize Anna Jolivet, a renowned and deep- daring heroines of the civil rights movement, given a glimpse into what it was like for Dr. ly respected educator in Tucson, Arizona who Mrs. Theresa Burroughs. In Alabama, this King and others on that night in 1968. passed away late last month at age 85. American treasure is celebrated for her role in It is indeed an honor to share the story of Ms. Jolivet retired from the Tucson Unified providing a safe haven to Dr. Martin Luther this heroine with our nation. Her selfless con- School District as an assistant superintendent

VerDate Sep 11 2014 07:32 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD14\FEB 2014\E26FE4.REC E26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E255 in 1989. But she continued to have influence tion system and advocating for the advance- cil. The Council established some of the first in our community as a civic activist and sup- ment in voting machine technology nationwide. neighborhood horizon planning processes, porter. As a member of the U.S. Elections Assist- which led to successful developments like Ms. Jolivet was born in Tucson and grew up ance Commission (EAC) Standards Board, SoDo, Mills Park, and Baldwin Park. in an era when Tucson elementary and high she serves with advisors from around the na- Commissioner Sheehan has been recog- schools were racially segregated. In 1950, she tion who review voluntary voting system guide- nized multiple times by Orlando Weekly and was one of three African-American women to lines and provide guidance to the EAC on the Orlando Magazine. She was also named graduate from the University of Arizona, where administration of Federal elections. ‘‘Best Elected Official’’ by Watermark news- she received bachelor’s and master’s degrees In addition to state certification in her field, paper. She was listed as one of the ‘‘Top 25 in elementary education and a doctorate in Lori earned designation as a Certified Elec- Inflectional Women’’ by Orlando Life Maga- education administration. tions Registration Administrator from The Elec- zine. Commissioner Sheehan was also award- She served her community primarily as an tion Center in cooperation with Auburn Univer- ed the ‘‘Diversity Champion Award’’ by the educator—but also as a community advocate sity. This is the profession’s highest recogni- Asian American Chamber of Commerce in and cultural leader. She served as a member tion, and serves as national certification. Most 2013. She has twice been a finalist for of the boards of directors for numerous local, recently, she attended the International Center ‘‘Downtowner of the Year.’’ She was also rec- regional and national organizations. for Parliamentary Studies in London, England ognized as a ‘‘Woman of Distinction’’ by the Ms. Jolivet was the first African-American where she earned a Professional Certificate in Girl Scouts of America, Citrus Council. woman to be appointed principal of a Tucson Electoral Processes. Commissioner Sheehan is proudest of her Unified School District school. And in 1996, Prior to her service as Supervisor of Elec- role in the restoration of the iconic Lake Eola she was the first African-American woman to tions, Lori served four two-year terms in the Fountain, the addition of 1.3 acres to Lake be named Woman of the Year by the Tucson Florida House of Representatives representing Eola Park, the preservation of the Eola House, Metropolitan Chamber of Commerce. the residents of eastern Polk County in the and construction of sidewalks for children Ms. Jolivet was a founding member of the Florida Legislature. Her major legislative walking to and from school. She was the first America-Israel Friendship League’s Tucson projects included restructuring Florida’s juve- openly gay elected official in Central Florida, chapter and of the Educational Enrichment nile justice system, performance-based budg- and passed domestic partnership legislation Foundation. Anna and I founded the Edu- eting, worker’s compensation laws, and wel- and non-discrimination protections for the cational Enrichment Foundation in 1983. The fare reform. LGBT community. She is an urban agriculture Foundation continues to serve children attend- Lori has also worked for the Center for Pol- advocate, and championed community gar- icy Alternatives in Washington, DC, helping to ing Tucson schools. In 2010, the Educational dens and urban chickens. She also worked develop curricula and train new State Legisla- Enrichment Foundation honored Ms. Jolivet with the Trust for Public Land to acquire the tors at bi-annual retreats. Training topics in- with its Ray Davies Lifetime Humanitarian Orlando Urban Trail (OUT). Achievement Award for her involvement in cluded conflict, values, power, and commu- Commissioner Sheehan is a huge supporter programs and institutions that promote quality nications. of small business and Orlando’s Mainstreet A committed environmentalist, Lori served education and serve Tucson’s youth. Districts. She represents the Downtown South, as Florida Coordinator of the National Audu- On March 1, Ms. Jolivet will be honored by Mills50 and Thornton Park Mainstreets. She bon Society’s ‘‘Population and Habitat’’ cam- the Tucson Urban League at its first annual also lobbied and passed a Florida State Law paign, organizing and training Florida activists Equal Opportunity Day Awards Dinner—an allowing for Doggie Dining on outdoor patios to raise awareness of the impact of population event that will be held to remind the Tucson in downtown Orlando. She is also the founder growth on the environment. She is currently community that the greatness of our country and chairperson for Wheels for Kids, which rests upon the principle of equal opportunity studying to become a Florida Master Naturalist through the University of Florida’s Institute of has provided over 1,000 bicycles to needy ele- for everyone. This principle was the foundation mentary and middle school students in in which Anna served the children of Tucson Food and Agricultural Sciences program. Lori is an alumna of Executive Education at Reeves Terrace public housing. and our community at large. Commissioner Sheehan enjoys many out- I am proud to recognize Anna Jolivet—an the John F. Kennedy School of Government at Harvard University, where she studied the Art door activities including gardening, paddle outstanding citizen of Tucson who has left a boarding and Dragon Boat racing. As a local strong legacy that we celebrate today. and Practice of Leadership Development and participated in a program for Senior Execu- artist who exhibits her ‘‘Bad Kitty’’ paintings in f tives in State and Local Government. She was local clubs and shops, she is an avid pro- RECOGNIZING THE CONTRIBU- also chosen to participate in the Program for ponent of the Arts and Culture in Orlando. She TIONS OF LORI EDWARDS Emerging Political Leaders offered by the Dar- lives in a 1928 bungalow with her Chinese den Graduate School of Business Administra- Crested dog, Maxine, Nina Simone (a diva tion at the University of Virginia. Lori was a kitty) and Jazz (a wild English Springer Span- HON. ALAN GRAYSON iel), along with Peep, Cheep, & Bleep (her OF FLORIDA Flemming Fellow at the Center for Policy Al- mini flock of urban chickens). IN THE HOUSE OF REPRESENTATIVES ternatives in Washington, D.C. and earned her Bachelor of Arts in Organizational Manage- I am happy to honor Commissioner Patty Wednesday, February 26, 2014 ment from Warner University in Lake Wales. Sheehan, during Women’s History Month, for Mr. GRAYSON. Mr. Speaker, I rise today in I am happy to honor Lori Edwards, during her leadership and service to the Central Flor- honor of Women’s History Month, to recognize Women’s History Month, for her service to the ida Community. the service of Lori Edwards. Lori has been the Central Florida community. RECOGNIZING THE CONTRIBUTIONS OF ANNA ESKAMANI Supervisor of Elections in Polk County, Flor- RECOGNIZING THE CONTRIBUTIONS OF COMMISSIONER Mr. Speaker, I rise today, in honor of Wom- ida, since January 2001. As the Executive Of- PATTY SHEEHAN en’s History Month, to recognize Anna ficer responsible for administering fair elec- Mr. Speaker, I rise today in honor of Wom- Eskamani. An Iranian-American and Central tions, maintaining voter rolls, and providing en’s History Month, to recognize the contribu- Florida native, Anna graduated from the Uni- voter registration services, Lori has conducted tions of Commissioner Patty Sheehan. Com- versity of Central Florida (UCF) in the spring more than 150 successful elections while serv- missioner Sheehan was first elected to the Or- of 2012 with dual degrees in Political Science ing in this non-partisan elected position. lando City Council in 2000. She served as and Women’s Studies, and a Certificate in Lori is active in the leadership of the Florida President of the Colonialtown North Neighbor- Service Learning. State Association of Supervisors of Elections, hood Association, and is proud to come from As an undergrad, Anna spent the majority of where she currently serves as president. She a servant leadership background. She at- her time writing, advocating, and organizing has created a task force to recruit and train bi- tended the University of Central Florida where for social justice. She first began her advocacy lingual election workers to ensure Florida’s she earned her B.A. in art. Commissioner work in the environmental movement, but growing population of Hispanic voters are ac- Sheehan was formerly an Administrator with quickly became an advocate for international commodated. She has also conducted many the Florida Department of Agriculture and human rights via her Vice Presidency of the regional educational workshops for election Consumer Services. She serves her constitu- Iranian Student Organization. In the summer administrators focusing on a variety of topics ents full time and is well known for her advo- of 2010, Anna turned her focus to domestic including redistricting, voter education and ab- cacy of pedestrian safety, safe neighborhoods, issues, when she became Vice President of sentee voting. historic preservation, and a thriving downtown. the College Democrats at UCF and the Wom- Lori’s recent efforts have included an em- Currently, she serves as Vice Chair of the en’s Caucus Chair of the Florida College phasis on modernizing Florida’s voter registra- East Central Florida Regional Planning Coun- Democrats. In April 2011, Anna founded

VerDate Sep 11 2014 07:32 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD14\FEB 2014\E26FE4.REC E26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE E256 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2014 ‘‘Keep PBS In Orlando,’’ an initiative to pre- than 500 hours to community service in a 12- New York, the Arbor Hill Community Center serve Central Florida’s local PBS station. The month period; as well as UCF’s most pres- and the Inter-Racial Council in Albany, New campaign helped create WUCF–TV. tigious award, the Order of Pegasus, for ex- York. Anna continued to write, not only in leading emplary achievements in academics, service, After working in New York and Washington, publications like The Huffington Post and Or- and leadership. DC., Ms. Woolfolk returned to Alabama to lando Sentinel, but also academically. In Following graduation, Ms. Eskamani led the serve as executive director of the Birmingham March 2011, Anna completed her under- development team of the Orange County Opportunity Industrialization Center and asso- graduate honors thesis focusing on feminism Democratic Party, helping them to break fund- ciate executive director of the Jefferson Coun- in Iran. Anna presented her thesis, which re- raising records. She also joined Senator BILL ty Committee for Economic Opportunity. For ceived high remarks, at several research con- NELSON’s re-election campaign as the young- twenty-one years, she served as director of ferences. est staff member, working as a Press and Re- the Center for Urban Affairs at the University Upon graduation Anna was awarded the search Assistant. Following the 2012 elec- of Alabama at Birmingham and lectured in po- Order of Pegasus, the highest honor that a tions, Ida was selected out of thousands of litical science and public affairs. She also UCF senior can receive. She also graduated applicants to serve as a White House Intern in served as staff associate at the Center for with the highest GPA in the College of Under- the Office of Presidential Personnel for the International Programs and was an Assistant graduate Studies, an achievement that al- spring 2013 term. Upon her return to the Sun- to the President for Community Relations. lowed her to be a part of UCF’s Platform Party shine State, she spent her time as a Digital Ms. Odessa Woolfolk’s tremendous con- during commencement ceremonies. and Community Organizer with Florida CHAIN, tributions to the University of Alabama at Bir- Anna didn’t stop there. Now a graduate stu- an organization dedicated to increasing ac- mingham were recognized with the establish- dent at UCF pursuing dual master’s degrees cess to affordable healthcare, and as a mem- ment of the Odessa Woolfolk Presidential in Public Administration and Nonprofit Man- ber of the finance team for State Representa- Community Service Award. Due to her out- agement, Anna works full-time at Planned Par- tive Joe Saunders’ re-election campaign. standing and extensive service at UAB, Ms. enthood of Greater Orlando as the organiza- Ms. Eskamani joined Equality Florida, the Woolfolk received the UAB Honorary Alumni tion’s External Affairs Manager. In her posi- states’ lesbian, gay, bisexual, and transgender Award, Outstanding Faculty Award, the Presi- tion, Anna maintains the organization’s devel- civil rights organization in 2014 as a Develop- dent’s Medal, and many other awards. opment and public affairs programs. ment Associate based in Orlando. In her role Anna continues to be very involved in the Ms. Woolfolk is most known for her instru- she assists in organizing and executing fund- mental role in creating the Birmingham Civil UCF and Central Florida community. In Feb- raising and development programs in Sara- ruary 2013, she launched an on-campus initia- Rights Institute. She was its founding adminis- sota, Orlando, Jacksonville, and Tallahassee. trator and chair of the task force that planned tive called ‘‘Project Bithlo,’’ with the goal of en- She is also currently pursuing dual master’s gaging UCF students, faculty, and staff in the and directed its development. Annually, nearly degrees in Public Administration and Nonprofit 150,000 people honor her as they pass transformative work occurring in the histori- Management at UCF. cally neglected community of Bithlo. Only a through the Odessa Woolfolk Gallery at the I am happy to honor Ida Eskamani, during Birmingham Civil Rights Institute. year after its founding, Project Bithlo has con- Women’s History Month, for her leadership Throughout her life, Ms. Woolfolk has nected hundreds of UCF students to Bithlo. and service to the Central Florida community. served on the boards of numerous Bir- The project is succeeding in bringing together f both the College Democrats and College Re- mingham and statewide organizations, includ- publicans in an effort to show solidary with the HONORING ODESSA WOOLFOLK ing the YWCA, Region 2020, the Community families of this overlooked community. DURING BLACK HISTORY MONTH Foundation of Greater Birmingham, UAB Afri- Anna also sits on the board of numerous or- 2014 can American Studies Program, Regional ganizations, including the Orange County Planning Commission of Greater Birmingham, League of Women Voters, Orange County HON. TERRI A. SEWELL UAB Educational Foundation, Birmingham Mu- seum of Art, and the Birmingham Urban Democratic Executive Committee, Democratic OF ALABAMA League. Ms. Woolfolk served as the State Women’s Club of Greater Orlando, Democratic IN THE HOUSE OF REPRESENTATIVES Women’s Club Florida, UCF Women’s Studies Chair of the National Conference of Christians Advisory Council, and Planned Parenthood’s Wednesday, February 26, 2014 and Jews, was the first African American Network of Volunteer Advocates. Ms. SEWELL of Alabama. Mr. Speaker, in President of Operation New Birmingham’s A lifelong feminist, Anna is excited to con- honor of Black History Month, I continue to Board of Directors, founding member of Lead- tinue her work to better the lives of women pay tribute to outstanding African Americans ership Birmingham and was the founding co- and her local community. from Alabama. Today, I rise to honor one of chair of the Martin Luther King Unity Break- I am happy to honor Anna Eskamani, during Alabama’s most beloved and brilliant civic fast. Women’s History Month, for her leadership leaders, Ms. Odessa Woolfolk. As a student in Because of her influence in the city of Bir- and service to the Central Florida community. Birmingham’s segregated public schools to, mingham and the state of Alabama, Ms. RECOGNIZING THE LEADERSHIP OF IDA V. ESKAMANI later, becoming one of the city of Bir- Woolfolk was honored by Birmingham’s Mayor Mr. Speaker, I rise today in honor of Wom- mingham’s most persuasive civic leaders, Ms. and City Council and was inducted into the en’s History Month, to recognize Ida V. Odessa Woolfolk transcended the racial and Birmingham Gallery of Distinguished Citizens. Eskamani, a young woman with a passion for socioeconomic challenges of her time. She was also inducted into the Alabama public service. A first-generation Iranian-Amer- Ms. Odessa Woolfolk was born in the Academy of Honor and is the well-deserved ican born and raised in Orlando, Florida, Ms. Titusville Community of Birmingham, Alabama recipient of the Humanities Award from the Eskamani believes that individual success is and graduated from A.H. Parker High School. Alabama Humanities Foundation. She has re- directly tied to the success of her community, She earned her bachelor’s degree in History ceived honorary doctorates from her alma and is committed to serving underserved and and Political Science from Talladega College mater, Talladega College, from Birmingham- underrepresented communities. and later went on to earn her Masters in Southern College and the University of the She began her career in public service as Urban Studies from Occidental College in Cali- South in Tennessee. an undergraduate at the University of Central fornia. She completed additional graduate Ms. Odessa Woolfolk is one of Bir- Florida (UCF), where she was active in sev- work at the University of Chicago and was a mingham’s brightest luminaries. Through her eral campus organizations focused on wom- National Urban Fellow at Yale University. continued commitment to improving her com- en’s rights, equality, environmental justice, and Ms. Woolfolk began her career as a teacher munity, the State of Alabama and her nation, social justice. As President of the College at Birmingham’s Ullman High School, at the she remains an inspiration to all who know Democrats at UCF, she worked to empower height of the civil rights movement. She dis- her. And as one of her mentees, it is my and educate thousands of students through played outstanding and fearless leadership honor to recognize her on the floor of the voter registration drives, rallies, and marches, both in her classroom and community during United States House of Representatives. Our and established the organization as an integral this turbulent time. Following her tenure as an generation owes trailblazers such as Ms. part of Central Florida’s progressive move- educator, Ms. Woolfolk worked in public policy Odessa Woolfolk a debt of gratitude. Today, I ment. Ms. Eskamani earned dual degrees with the following organizations: the Urban Re- invite my colleagues to pay tribute to Ms. from UCF in Political Science and Sociology in investment Task Force in Washington, DC., Odessa Woolfolk, an exceptional woman 2012. She was also awarded the national New York State Urban Development Corpora- whose contributions have made her a shining President’s Service Award for devoting more tion in New York City, the YWCA in Utica, example of exemplary service to all mankind.

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Mr. Speak- 9:30 a.m. the responsibility of representing the residents Committee on Armed Services er, I rise today to congratulate Cherri Branson To hold hearings to examine the Defense on the occasion of her retirement from the of Maryland’s Montgomery County District 5 on the County Council. Authorization Request for fiscal year United States House of Representatives, after 2015 and the Future Years Defense Pro- more than twenty-four years of faithful and On behalf of myself, the Democratic Mem- gram. dedicated service. She is the kind of public bers of the Committee on Homeland Security, SH–216 servant who brings credit to this institution and and this institution, I extend my sincere appre- Committee on Homeland Security and the people we are honored to serve. ciation to Cherri for all her great work. I also Governmental Affairs To hold hearings to examine the nomina- Cherri began her long and multi-faceted ca- wish to acknowledge her loving family—hus- reer in the House in 1989 and, over two dec- tions of L. Reginald Brothers, Jr., of band Donald, and son, Avery—on their con- Massachusetts, to be Under Secretary ades, has served in various policy, legal and tributions. I urge Members to join me in ex- for Science and Technology, and legislative positions, including Legislative tending our best wishes to Cherri upon her re- Francis Xavier Taylor, of Maryland, to Counsel, Legislative Director, and Committee tirement and in her future endeavors. be Under Secretary for Intelligence and Counsel. Analysis, both of the Department of I first became familiar with Cherri in the late Homeland Security. f 1990s, in the course of pursuing justice for Af- SD–342 rican-American farmers who, for decades, had 10 a.m. been systematically discriminated against by SENATE COMMITTEE MEETINGS Committee on Appropriations the Agriculture Department. That long-fought Subcommittee on Department of Defense Title IV of Senate Resolution 4, To hold hearings to examine national se- effort culminated in the enactment of statutory agreed to by the Senate of February 4, curity space launch programs. language that set the stage for a landmark 1977, calls for establishment of a sys- SD–192 discrimination settlement for impacted farmers tem for a computerized schedule of all Committee on Veterans’ Affairs (Pigford v. Glickman). To hold a joint hearing with the House It was not until 2005, when I became the meetings and hearings of Senate com- Committee on Veterans’ Affairs to ex- Ranking Member of the Committee on Home- mittees, subcommittees, joint commit- amine the legislative presentation of land Security, that Cherri began working for tees, and committees of conference. Veterans of Foreign Wars. me. In her time on the Committee, she rose This title requires all such committees SD–G50 through the ranks and, at retirement, was to notify the Office of the Senate Daily Commission on Security and Cooperation serving as the Chief Counsel for Oversight. Digest—designated by the Rules Com- in Europe Among her key accomplishments on the mittee—of the time, place and purpose To hold hearings to examine develop- ments in the Western Balkans and pol- Committee was the oversight work she led in of the meetings, when scheduled and icy responses, focusing on policy ap- the wake of Hurricane Katrina. The investiga- any cancellations or changes in the proaches of the United States toward tions that she oversaw in the wake of this meetings as they occur. the countries of the Western Balkans. massive disaster shed light on waste, fraud, As an additional procedure along SD–106 and unfair practices that harmed not only im- 10:30 a.m. with the computerization of this infor- Committee on the Budget pacted individuals, but the American taxpayer. mation, the Office of the Senate Daily This oversight set the stage for meaningful re- To hold hearings to examine the Presi- Digest will prepare this information for forms to help bring about a fair and equitable dent’s proposed budget request for fis- printing in the Extensions of Remarks cal year 2015. distribution of resources to survivors of the section of the CONGRESSIONAL RECORD SD–608 disaster, better processes to ensure distribu- on Monday and Wednesday of each Committee on Finance tion of immediate relief in a timely manner, week. To hold hearings to examine the Presi- and more opportunities for impacted local, dent’s proposed budget request for fis- small, minority and women-owned businesses Meetings scheduled for Thursday, cal year 2015. to participate in recovery efforts. February 27, 2014 may be found in the SD–215 On the Committee, she has led investiga- Daily Digest of today’s RECORD. Committee on Small Business and Entre- tions of national significance, including the in- preneurship vestigation of the White House State Dinner Business meeting to consider the nomi- MEETINGS SCHEDULED nation of Maria Contreras-Sweet, of Security Breach (the Salahi case) which led to California, to be Administrator of the tightened security procedures within the Se- MARCH 4 Small Business Administration. cret Service’s Presidential Protection process. 10 a.m. SR–428A Prior to joining the Committee, Cherri con- Committee on Banking, Housing, and 2:15 p.m. ducted investigations with the House of Rep- Urban Affairs Special Committee on Aging resentatives Government Reform (Oversight) To hold hearings to examine the nomina- To hold hearings to examine income se- Committee. The most notable outcomes of tions of Stanley Fischer, of New York, curity and the elderly, focusing on se- those investigations included the strengthening Jerome H. Powell, of Maryland, and curing gains made in the war on pov- of protections for children involved in medical Lael Brainard, of the District of Co- erty. lumbia, all to be a Member of the SD–562 clinical trials, equitable tax treatment for Holo- 2:30 p.m. caust survivors, and several reviews of federal Board of Governors of the Federal Re- serve System, Gustavo Velasquez Committee on Armed Services policies concerning illicit drugs. Aguilar, of the District of Columbia, to Subcommittee on Strategic Forces During her career in the House, Cherri has be Assistant Secretary of Housing and To hold hearings to examine nuclear directly served on the staffs of Members of Urban Development, and J. Mark forces and policies in review of the De- Congress from diverse geographic and demo- McWatters, of Texas, to be a Member of fense Authorization Request for fiscal graphic areas, including New York, Texas, the National Credit Union Administra- year 2015 and the Future Years Defense Michigan, Illinois, Hawaii, California and Mis- tion. Program. sissippi. Through her work on behalf of Com- SD–538 SR–222 3 p.m. mittee Members, she has come to know and MARCH 6 appreciate the concerns of Americans in near- Committee on Foreign Relations Subcommittee on East Asian and Pacific 9:30 a.m. ly every corner of the country. Affairs Committee on Armed Services In her work in the House, Cherri displayed To hold hearings to examine strength- To hold hearings to examine United that rare combination of steadfast and reliable ening United States alliances in North- States Central Command and United care for ordinary Americans and a skillful abil- east Asia. States Africa Command in review of ity to do battle on their behalf. SD–419 the Defense Authorization Request for

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VerDate Sep 11 2014 07:32 Oct 09, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\RECORD14\FEB 2014\E26FE4.REC E26FE4 asabaliauskas on DSK5VPTVN1PROD with CONG-REC-ONLINE Wednesday, February 26, 2014 Daily Digest Senate vote on cloture will occur upon disposition of Reid Chamber Action (for Sanders) Amendment No. 2747. Page S1168 Routine Proceedings, pages S1133–S1186 A unanimous-consent agreement was reached pro- Measures Introduced: Eight bills and two resolu- viding that on Thursday, February 27, 2014, during tions were introduced, as follows: S. 2042–2049, and the Senate’s consideration of the bill, but no later S. Res. 362–363. Pages S1174–75 than 2 p.m., Senator Sessions, or designee, be recog- nized to raise a budget point of order against the Measures Passed: bill; that if such a point of order is raised, it be in Black History Month: Senate agreed to S. Res. order for Senator Murray, or designee, to move to 363, celebrating Black History Month. waive; that if a motion to waive is made, the vote Pages S1185–86 on the motion to waive occur at 2 p.m., on Thurs- Measures Considered: day, February 27, 2014; that if the motion to waive is successful, Senate vote on the motion to invoke Comprehensive Veterans Health and Benefits cloture on Reid (for Sanders) Amendment No. 2747 and Military Retirement Pay Restoration Act— (listed above); that if cloture is invoked on the Agreement: Senate began consideration of S. 1982, amendment, all post-cloture time be yielded back, to improve the provision of medical services and Reid Amendment No. 2766 (listed above) be with- benefits to veterans, after agreeing to the motion to drawn, and Senate vote on Reid (for Sanders) proceed, and taking action on the following amend- Amendment No. 2747; that upon disposition of ments and motions proposed thereto: Page S1168 Reid (for Sanders) Amendment No. 2747, Senate Pending: vote on the motion to invoke cloture on the bill, as Reid (for Sanders) Amendment No. 2747, in the amended, if amended; that if cloture is invoked on nature of a substitute. Page S1168 the bill, all post-cloture time be yielded back, and Reid Amendment No. 2766 (to Amendment No. Senate vote on passage of the bill, as amended, if 2747), to change the enactment date. Page S1168 amended; that if the motion to waive is not success- A motion was entered to close further debate on ful, then the cloture motions be withdrawn; and that Reid (for Sanders) Amendment No. 2747 (listed the filing deadline for first-degree amendments to above), and, in accordance with the provisions of the bill be 10:30 a.m., on Thursday, February 27, Rule XXII of the Standing Rules of the Senate, and 2014, and the filing deadline for second-degree pursuant to the unanimous-consent agreement of amendments to Reid (for Sanders) Amendment No. Wednesday, February 26, 2014, a vote on cloture 2747, and to the bill be 1:30 p.m., on Thursday, will occur at approximately 2 p.m. on Thursday, February 27, 2014. Page S1169 February 27, 2014. Page S1168 A unanimous-consent-time agreement was reached Reid motion to commit the bill to the Committee providing for further consideration of the bill at ap- on Veterans Affairs, with instructions, Reid Amend- proximately 10:30 a.m., on Thursday, February 27, ment No. 2767, to change the enactment date. 2014, with the time until 2 p.m. equally divided Page S1168 and controlled between the two Leaders, or their des- Reid Amendment No. 2768 (to (the instructions ignees, with Senator Sessions controlling 30 minutes of the motion to commit) Amendment No. 2767), of the Republican time, and Senator Graham, or his of a perfecting nature. Page S1168 designee, recognized at 1:45 p.m. Page S1186 Reid Amendment No. 2769 (to Amendment No. Child Care and Development Block Grant Act: 2768), of a perfecting nature. Page S1168 Senate began consideration of the motion to proceed A motion was entered to close further debate on to consideration of S. 1086, to reauthorize and im- the bill, and, in accordance with the provisions of prove the Child Care and Development Block Grant Rule XXII of the Standing Rules of the Senate, a Act of 1990. Page S1169 D174

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Military Sexual Assault Bills—Agreement: A Amendments Submitted: Pages S1177–85 unanimous-consent-time agreement was reached pro- Authorities for Committees to Meet: Page S1185 viding that at a time to be determined by the Ma- jority Leader, with the concurrence of the Repub- Privileges of the Floor: Page S1185 lican Leader, Senate begin consideration of S. 1752, Adjournment: Senate convened at 9:30 a.m. and to reform procedures for determinations to proceed adjourned at 6:57 p.m., until 9:30 a.m. on Thurs- to trial by court-martial for certain offenses under day, February 27, 2014. (For Senate’s program, see the Uniform Code of Military Justice; that if a clo- the remarks of the Majority Leader in today’s Record ture motion is filed on the bill, there be two hours on page S1186.) of debate on S. 1752, to reform procedures for deter- minations to proceed to trial by court-martial for certain offenses under the Uniform Code of Military Committee Meetings Justice, and S. 1917, to provide for additional en- hancements of the sexual assault prevention and re- (Committees not listed did not meet) sponse activities of the Armed Forces, equally di- vided between the two Leaders, or their designees; RISING COST OF ALZHEIMER’S IN AMERICA that upon the use or yielding back of time, Senate Committee on Appropriations: Subcommittee on Depart- vote on the motion to invoke cloture; that if cloture ments of Labor, Health and Human Services, and is invoked, all post-cloture time be yielded back, and Education, and Related Agencies concluded a hear- Senate vote on passage of the bill; that no amend- ments, points of order or motions be in order to the ing to examine the rising cost of Alzheimer’s in bill prior to the vote on passage; that if the motion America, focusing on families and the economy, after to invoke cloture on S. 1752 is not agreed to, the receiving testimony from former Representative Den- bill be returned to the calendar; that upon the con- nis Moore, Lenexa, Kansas; Francis S. Collins, Direc- clusion of the consideration of S. 1752, Senate pro- tor, Richard J. Hodes, Director, National Institute ceed to the consideration of S. 1917, to provide for on Aging, and Story C. Landis, Director, National additional enhancements of the sexual assault preven- Institute of Neurological Disorders and Stroke, all of tion and response activities of the Armed Forces; the National Institutes of Health, Department of that if a cloture motion is filed on the bill, Senate Health and Human Services; Michael D. Hurd, The vote on the motion to invoke cloture on the bill; RAND Corporation, Santa Monica, California; and that if cloture is invoked, all post-cloture time be Seth Rogen, Los Angeles, California. yielded back and Senate vote on passage of the bill; that no amendments, points of order, or motions be MILITARY SEXUAL ASSAULT, in order to the bill prior to the vote on passage; that POSTTRAUMATIC STRESS DISORDER, AND if the motion to invoke cloture on S. 1917 is not SUICIDE agreed to, the bill be returned to the calendar. Committee on Armed Services: Subcommittee on Per- Page S1185 sonnel concluded a hearing to examine the relation- Nominations Received: Senate received the fol- ships between military sexual assault, posttraumatic lowing nominations: stress disorder and suicide, and on Department of Robin L. Rosenberg, of Florida, to be United Defense and Department of Veterans Affairs medical States District Judge for the Southern District of treatment and management of victims of sexual trau- Florida. ma, after receiving testimony from Karen S. Guice, 50 Air Force nominations in the rank of general. Principal Deputy Assistant Secretary for Health Af- Routine lists in the Air Force, Army, Marine fairs, Jacqueline Garrick, Director, Suicide Preven- Corps, and Navy. Page S1186 tion Office, Nathan W. Galbreath, Senior Executive Messages from the House: Page S1172 Advisor, Sexual Assault Prevention and Response Of- fice, Lance Corporal Jeremiah J. Arbogast, USMC Measures Referred: Page S1172 (Ret.), and Jessica Kenyon, former Private First Executive Communications: Pages S1172–73 Class, USA, all of the Department of Defense; and Petitions and Memorials: Pages S1173–74 Susan J. McCutcheon, National Mental Health Di- rector, Family Services, Women’s Mental Health and Additional Cosponsors: Pages S1175–76 Military Sexual Trauma, and Margret E. Bell, Direc- Statements on Introduced Bills/Resolutions: tor for Education and Training, National Military Pages S1176–77 Sexual Trauma Support Team, both of the Depart- Additional Statements: Pages S1171–72 ment of Veterans Affairs.

VerDate Mar 15 2010 05:25 Feb 27, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE4.REC D26FEPT1 jbell on DSK7SPTVN1PROD with DIGEST D176 CONGRESSIONAL RECORD — DAILY DIGEST February 26, 2014 DEFENSE AUTHORIZATION REQUEST AND public of Hungary for the Avoidance of Double Tax- FUTURE YEARS DEFENSE PROGRAM ation and the Prevention of Fiscal Evasion with Re- Committee on Armed Services: Subcommittee on Readi- spect to Taxes on Income, signed on February 4, ness and Management Support concluded a hearing 2010, at Budapest (the ‘‘proposed Convention’’) and to examine Department of Defense information tech- a related agreement effected by an exchange of notes nology acquisition processes, business transformation, on February 4, 2010 (Treaty Doc. 111–7), Conven- and management practices in review of the Defense tion between the Government of the United States Authorization Request for fiscal year 2015 and the of America and the Government of the Republic of Future Years Defense Program, including H.R. Chile for the Avoidance of Double Taxation and the 1232, to amend titles 40, 41, and 44, United States Prevention of Fiscal Evasion with Respect to Taxes Code, to eliminate duplication and waste in informa- on Income and Capital, signed in Washington on tion technology acquisition and management, after February 4, 2010, with a Protocol signed the same receiving testimony from Katrina G. McFarland, As- day, as corrected by exchanges of notes effected Feb- sistant Secretary for Acquisition, Kevin J. Scheid, ruary 25, 2011, and February 10 and 21, 2012, and Acting Deputy Chief Management Officer, and Te- a related agreement effected by exchange of notes resa M. Takai, Chief Information Officer, all of the (the ‘‘related Agreement’’) on February 4, 2010 Department of Defense; and David A. Powner, Di- (Treaty Doc. 112–8), and Protocol Amending the rector, Information Technology and Management Convention on Mutual Administrative Assistance in Issues, Government Accountability Office. Tax Matters, done at Paris on May 27, 2010 (the ‘‘proposed Protocol’’), which was signed by the RETIREMENT SAVINGS FOR LOW-INCOME United States on May 27, 2010 (Treaty Doc. WORKERS 112–5), after receiving testimony from Robert Stack, Committee on Finance: Subcommittee on Social Secu- Deputy Assistant Secretary of the Treasury for Inter- rity, Pensions and Family Policy concluded a hearing national Tax Affairs; Thomas A. Barthold, Chief of to examine retirement savings for low-income work- Staff, Joint Committee on Taxation; William ers, after receiving testimony from J. Mark Iwry, Reinsch, National Foreign Trade Council, Inc., and Senior Advisor to the Secretary, and Deputy Assist- Nancy L. McLernon, Organization for International ant Secretary of the Treasury for Retirement and Investment, both of Washington, D.C.; and Paul B. Health Policy; Diane Oakley, National Institute on Nolan, McCormick and Company, Inc., Sparks, Retirement Security, Washington, D.C.; Stephen P. Maryland. Utkus, Vanguard, Malvern, Pennsylvania; and Judy DEMOCRATIC REPUBLIC OF CONGO A. Miller, American Society of Pension Professionals Committee on Foreign Relations: Committee concluded and Actuaries, Arlington, Virginia. a hearing to examine prospects for peace in the TREATIES Democratic Republic of Congo and Great Lakes Re- gion, after receiving testimony from former Senator Committee on Foreign Relations: Committee concluded Russell D. Feingold, U.S. Special Envoy for the a hearing to examine Protocol Amending the Con- Great Lakes Region and the Democratic Republic of vention between the United States of America and Congo, and Roger Meece, former U.S. Ambassador the Swiss Confederation for the Avoidance of Double and former United Nations Special Representative to Taxation with Respect to Taxes on Income, signed the Democratic Republic of the Congo, Seattle, at Washington on October 2, 1996, signed on Sep- Washington, both of the Department of State; Ray- tember 23, 2009, at Washington, as corrected by an mond Gilpin, National Defense University Africa exchange of notes effected November 16, 2010 and Center for Strategic Studies, Washington, D.C.; and a related agreement effected by an exchange of notes Ben Affleck, Eastern Congo Initiative, Los Angeles, on September 23, 2009 (Treaty Doc. 112–1), Pro- California. tocol Amending the Convention between the Gov- ernment of the United States of America and the OFFSHORE TAX EVASION Government of the Grand Duchy of Luxembourg for Committee on Homeland Security and Governmental Af- the Avoidance of Double Taxation and the Preven- fairs: Permanent Subcommittee on Investigations tion of Fiscal Evasion with Respect to Taxes on In- concluded a hearing to examine offshore tax evasion, come and Capital, signed on May 20, 2009, at Lux- focusing on the effort to collect unpaid taxes on bil- embourg (the ‘‘proposed Protocol’’) and a related lions in hidden offshore accounts, after receiving tes- agreement effected by the exchange of notes also timony from James M. Cole, Deputy Attorney Gen- signed on May 20, 2009 (Treaty Doc. 111–8), Con- eral, and Kathryn Keneally, Assistant Attorney Gen- vention between the Government of the United eral, Tax Division, both of the Department of Jus- States of America and the Government of the Re- tice; and Brady Dougan, and Rob Shafir, both of

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New York, New York, and Romeo Cerutti, and Indian Child Care Association; Jacquelyn Power, Hans-Ulrich Meister, both of Zurich, Switzerland, Blackwater Community School, Coolidge, Arizona, all of Credit Suisse. on behalf of the Family and Child Education Pro- EARLY CHILDHOOD DEVELOPMENT AND gram; and Elizabeth Jane Costello, Duke University EDUCATION School of Medicine, Durham, North Carolina. Committee on Indian Affairs: Committee concluded an COMPETITION IN THE WIRELESS MARKET oversight hearing to examine early childhood devel- Committee on the Judiciary: Subcommittee on Anti- opment and education in Indian country, focusing on trust, Competition Policy and Consumer Rights con- building a foundation for academic success, after re- cluded a hearing to examine competition in the ceiving testimony from Linda K. Smith, Deputy As- wireless market, after receiving testimony from Eric sistant Secretary of Health and Human Services and B. Graham, C Spire Wireless, Ridgeland, Mis- Inter-Departmental Liaison for Early Childhood De- sissippi; Roslyn Layton, Aalborg University, Den- velopment, Administration for Children and Fami- mark; Randal S. Milch, Verizon Communications lies; Danny Wells, Chickasaw Nation Division of Inc., New York, New York; Jonathan Spalter, Mo- Education, Ada, Oklahoma; Barbara Fabre, White bile Future, Berkeley, California; and Kathleen Earth Nation Child Care/Early Childhood Program, O’Brien Ham, T–Mobile USA, Inc., and Matthew F. White Earth, Minnesota, on behalf of the National Wood, Free Press, both of Washington, D.C. h House of Representatives Private Property Rights Protection Act: H.R. Chamber Action 1944, to protect private property rights, by a 2/3 Public Bills and Resolutions Introduced: 14 pub- yea-and-nay vote of 353 yeas to 65 nays, Roll No. lic bills, H.R. 4090–4103; and 1 resolution, H. Res. 67. Page H1960 491, were introduced. Pages H2000–01 Stop Targeting of Political Beliefs by the IRS Additional Cosponsors: Pages H2001–02 Act of 2014: The House passed H.R. 3865, to pro- Report Filed: hibit the Internal Revenue Service from modifying A report was filed today as follows: the standard for determining whether an organiza- H. Res. 492, providing for consideration of the tion is operated exclusively for the promotion of so- bill (H.R. 899) to provide for additional safeguards cial welfare for purposes of section 501(c)(4) of the with respect to imposing Federal mandates, and for Internal Revenue Code of 1986, by a recorded vote other purposes (H. Rept. 113–362). Page H2000 of 243 ayes to 176 noes, Roll No. 69. Pages H1960–71 Rejected the Van Hollen motion to recommit the Speaker: Read a letter from the Speaker wherein he bill to the Committee on Ways and Means with in- appointed Representative Ros-Lehtinen to act as structions to report the same back to the House Speaker pro tempore for today. Page H1941 forthwith with an amendment, by a yea-and-nay vote Recess: The House recessed at 10:39 a.m. and re- of 191 yeas to 230 nays, Roll No. 68. Pages H1968–70 convened at 12 noon. Page H1945 Rejected the Polis amendment to the title by a re- Suspension: The House agreed to suspend the rules corded vote of 177 ayes to 241 noes, Roll No. 70. and pass the following measure: Page H1970 Taxpayer Transparency Act of 2014: H.R. 3308, Pursuant to the rule, the amendment in the na- amended, to require a Federal agency to include lan- ture of a substitute recommended by the Committee guage in certain educational and advertising mate- on Ways and Means now printed in the bill shall be rials indicating that such materials are produced and considered as adopted. Page H1961 H. Res. 487, the rule providing for consideration disseminated at taxpayer expense. Pages H1947–50 of the bills (H.R. 3865) and (H.R. 2804), was Suspension—Proceedings Resumed: The House agreed to by a recorded vote of 231 ayes to 185 agreed to suspend the rules and pass the following noes, Roll No. 66, after the previous question was measure which was debated yesterday, February ordered by a yea-and-nay vote of 224 yeas to 192 25th: nays, Roll No. 65. Pages H1950–60

VerDate Mar 15 2010 05:25 Feb 27, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE4.REC D26FEPT1 jbell on DSK7SPTVN1PROD with DIGEST D178 CONGRESSIONAL RECORD — DAILY DIGEST February 26, 2014 All Economic Regulations are Transparent Act ordered by a yea-and-nay vote of 224 yeas to 192 of 2014: The House began consideration of H.R. nays, Roll No. 65. Pages H1950–60 2804, to amend title 5, United States Code, to re- Board of Trustees of Gallaudet University—Ap- quire the Administrator of the Office of Information pointment: The Chair announced the Speaker’s ap- and Regulatory Affairs to publish information about pointment of the following Members on the part of rules on the Internet. Consideration of the measure the House to the Board of Trustees of Gallaudet is expected to resume tomorrow, February 27th. University: Representatives Yoder and Butterfield. Pages H1971–95 Page H1995 Pursuant to the rule, an amendment in the nature of a substitute consisting of the text of Rules Com- British-American Interparliamentary Group— mittee Print 113–38 shall be considered as an origi- Appointment: The Chair announced the Speaker’s nal bill for the purpose of amendment under the appointment of the following Member on the part of five-minute rule, in lieu of the amendment in the the House to the British-American Interparliamen- nature of a substitute recommended by the Com- tary Group: Representative Roe (TN). Pages H1995–96 mittee on Oversight and Government Reform now Discharge Petition: Representative Bishop (NY) printed in the bill. Page H1979 presented to the clerk a motion to discharge the Agreed to: Committee on Education and the Workforce from Brady (TX) amendment (No. 4 printed in H. the consideration of H.R. 1010, to provide for an in- Rept. 113–361) that requires federal agencies to crease in the Federal minimum wage (Discharge Pe- identify in any Notice of Proposed Rulemaking tition No. 7). (NPR) the achievable objective of the proposed rule Senate Message: Message received from the Senate and the metrics to be used. The amendment also re- today appears on page H1971. quires federal agencies in issuing final rules to certify Quorum Calls—Votes: Three yea-and-nay votes that the rule meets the objectives the agency identi- and three recorded votes developed during the pro- fied in the NPR; Pages H1992–93 ceedings of today and appear on pages H1959, Rigell amendment (No. 5 printed in H. Rept. H1959–60, H1960, H1969–70, H1970, and 113–361) that expands the requirements of initial H1970–71. There were no quorum calls. regulatory flexibility analyses to include an analysis of any impairment of the ability of small entities to Adjournment: The House met at 10 a.m. and ad- have access to credit; and Pages H1993–95 journed at 7:39 p.m. Tipton amendment (No. 6 printed in H. Rept. 113–361) that makes a technical correction that en- Committee Meetings sures the current requirement, under the Regulatory EFFORTS TO STOP HUMAN TRAFFICKING Flexibility Act, that each agency annually publish a list of regulations to be reviewed pursuant to its Committee on Appropriations: Subcommittee on Com- periodic review plan, remains so. Page H1995 merce, Justice, Science, and Related Agencies held a Rejected: hearing entitled ‘‘The State of Efforts to Stop Johnson (GA) amendment (No. 1 printed in H. Human Trafficking’’. Testimony was heard from Rept. 113–361) that sought to strike the six month Cindy McCain, Co-Chairperson, Arizona Governor’s moratorium on finalizing rules and Pages H1989–90 Task Force on Human Trafficking; William Woolf, Murphy (FL) amendment (No. 2 printed in H. Detective, Fairfax County, Virginia Police Depart- Rept. 113–361) that sought to cut titles II and IV ment; and public witnesses. from the bill. Pages H1990 INTERNAL REVENUE SERVICE Proceedings Postponed: Committee on Appropriations: Subcommittee on Finan- Rothfus amendment (No. 3 printed in H. Rept. cial Services and General Government held a hearing 113–361) that seeks to add terms to define a nega- on Oversight of Internal Revenue Service. Testimony tive-impact on jobs and wages rule, help agencies was heard from John Koskinen, Commissioner, In- identify a negative-impact on jobs and wages rule, ternal Revenue Service; J. Russell George, Treasury and require agency heads approving a negative-im- Inspector General for Tax Administration; and Nina pact on jobs and wages rule to submit a statement E. Olson, National Taxpayer Advocate, Internal Rev- that they approved the rule knowing of its negative- enue Service. impact on jobs and wages. Pages H1990–92 H. Res. 487, the rule providing for consideration QUALITY OF LIFE IN THE MILITARY of the bills (H.R. 3865) and (H.R. 2804), was Committee on Appropriations: Subcommittee on Mili- agreed to by a recorded vote of 231 ayes to 185 tary Construction, Veterans Affairs, and Related noes, Roll No. 66, after the previous question was Agencies held a hearing on Quality of Life in the

VerDate Mar 15 2010 05:25 Feb 27, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE4.REC D26FEPT1 jbell on DSK7SPTVN1PROD with DIGEST February 26, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D179 Military. Testimony was heard from Sergeant Major ALLEGATIONS OF IMPROPER LOBBYING Raymond F. Chandler, III, Sergeant Major of the AND OBSTRUCTION AT THE DEPARTMENT Army; Master Chief Petty Officer Michael D. Ste- OF HOUSING AND URBAN DEVELOPMENT vens, Petty Officer of the Navy; Sergeant Major Mi- Committee on Financial Services: chael P. Barrett, Marine Corps; and Chief Master Subcommittee on Sergeant James A. Cody, Sergeant of the Air Force. Oversight and Investigations held a hearing entitled ‘‘Inspector General Report: Allegations of Improper U.S. ASSISTANCE TO PROMOTE FREEDOM Lobbying and Obstruction at the Department of AND DEMOCRACY IN COUNTRIES WITH Housing and Urban Development’’. Testimony was REPRESSIVE ENVIRONMENTS heard from David Montoya, Inspector General, Of- Committee on Appropriations: Subcommittee on State, fice of the Inspector General, U. S. Department of Foreign Operations, and Related Programs held a Housing and Urban Development. hearing on oversight of U.S. Assistance to Promote Freedom and Democracy in Countries with Repres- DOD-FRANK ACT’S IMPACT ON ASSET- sive Environments. This was a closed hearing. BACKED SECURITIES POSTURE OF THE U.S. NORTHERN Committee on Financial Services: Subcommittee on Cap- COMMAND AND U.S. SOUTHERN ital Markets and Government Sponsored Enterprises COMMAND held a hearing entitled ‘‘The Dodd-Frank Act’s Im- pact on Asset-Backed Securities’’. Testimony was Committee on Armed Services: Full Committee held a heard from public witnesses. hearing entitled ‘‘The Posture of the U.S. Northern Command and U.S. Southern Command’’. Testimony INTERNATIONAL WILDLIFE TRAFFICKING General Charles H. Jacoby, Jr, USA, Commander, THREATS TO CONSERVATION AND U.S. Northern Command and North American Aero- NATIONAL SECURITY space Defense Command; and General John F. Kelly, USMC, Commander, U.S. Southern Command. Committee on Foreign Affairs: Full Committee held a hearing entitled ‘‘International Wildlife Trafficking DEFENSE HEALTH AGENCY Threats to Conservation and National Security’’. Tes- Committee on Armed Services: Subcommittee on Mili- timony was heard from Kerri-Ann Jones, Assistant tary Personnel held a hearing on Defense Health Secretary, Bureau of Oceans and International Envi- Agency. Testimony was heard from Brenda S. ronmental and Scientific Affairs, Department of Farrell, Director, Defense Capabilities and Manage- State; Daniel M. Ashe, Director, Fish and Wildlife ment, U.S. Government Accountability Office; Lieu- Service, Department of Interior; and Robert G. tenant General Douglas J. Robb, Director, Defense Dreher, Acting Assistant Attorney General, Environ- Health Agency; and Jonathan Woodson, Assistant ment and Natural Resources Division, Department Secretary for Health Affairs, Department of Defense. of Justice. PROVIDING ACCESS TO AFFORDABLE, FLEXIBLE HEALTH PLANS THROUGH SELF- U.S. POLICY TOWARD SUDAN AND SOUTH INSURANCE SUDAN Committee on Education and the Workforce: Sub- Committee on Foreign Affairs: Subcommittee on Africa, committee on Health, Employment, Labor, and Pen- Global Health, Global Human Rights, and Inter- sions held a hearing entitled ‘‘Providing Access to national Organizations held a hearing entitled ‘‘U.S. Affordable, Flexible Health Plans through Self-Insur- Policy Toward Sudan and South Sudan’’. Testimony ance’’. Testimony was heard from public witnesses. was heard from Donald Booth, Special Envoy to Sudan and South Sudan, Department of State; and HOW CMS’ ATTACK ON THE PART D public witnesses. PROGRAM WILL INCREASE COSTS AND REDUCE CHOICES FOR SENIORS THE SECRETARY’S VISION FOR THE Committee on Energy and Commerce: Subcommittee on FUTURE—CHALLENGES AND PRIORITIES Health held a hearing entitled ‘‘Messing with Suc- Committee on Homeland Security: Full Committee held cess: How CMS’ Attack on the Part D Program Will a hearing entitled ‘‘The Secretary’s Vision for the Fu- Increase Costs and Reduce Choices for Seniors’’. Tes- ture—Challenges and Priorities’’. Testimony was timony was heard from Jonathan Blum, Principal heard from Jeh Johnson, Secretary, Department of Deputy Administrator, Centers for Medicare and Homeland Security. Medicaid Services; and public witnesses.

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ENFORCING THE PRESIDENT’S erals and Realty Management, Bureau of Land Man- CONSTITUTIONAL DUTY TO FAITHFULLY agement, Department of Interior; Aaron Baker, City EXECUTE THE LAWS Liaison Officer, Mesquite, Nevada; and public wit- Committee on the Judiciary: Full Committee held a nesses. hearing entitled ‘‘Enforcing the President’s Constitu- tional Duty to Faithfully Execute the Laws’’. Testi- LIMITLESS SURVEILLANCE AT THE FDA: mony was heard from the following Representatives: PROTECTING THE RIGHTS OF FEDERAL Gerlach; Rice (SC); Black; DeSantis; and public wit- WHISTLEBLOWERS nesses. Committee on Oversight and Government Reform: Full LEGISLATIVE MEASURE Committee held a hearing entitled ‘‘Limitless Sur- veillance at the FDA: Protecting the Rights of Fed- Committee on the Judiciary: Subcommittee on Regu- eral Whistleblowers’’. Testimony was heard from latory Reform, Commercial and Antitrust Law held Senator Grassley; and Walter Harris, Chief Oper- a hearing on H.R. 2992, the ‘‘Business Activity Tax ating Officer and Acting Chief Information Officer, Simplification Act of 2013’’. Testimony was heard Food and Drug Administration; Jeffrey Shuren, from public witnesses. M.D., Director, Center for Devices and Radiological AMERICAN ENERGY JOBS: OPPORTUNITIES Health, Food and Drug Administration; Ruth FOR VETERANS McKee, Associate Director, Management Center, De- Committee on Natural Resources: Subcommittee on En- vices and Radiological Health, Food and Drug Ad- ergy and Mineral Resources held a hearing entitled ministration; and a public witness. ‘‘American Energy Jobs: Opportunities for Veterans’’. Testimony was heard from Mary Pletcher, Deputy OBAMA ADMINISTRATION CONDUCTING Assistant Secretary for Human Capital and Diversity, A SERIOUS INVESTIGATION OF IRS Department of Interior; and public witnesses. TARGETING LEGISLATIVE MEASURES Committee on Oversight and Government Reform: Sub- committee on Economic Growth, Job Creation and Committee on Natural Resources: Subcommittee on Pub- Regulatory Affairs held a hearing entitled ‘‘Is the lic Lands and Environmental Regulation held a hear- Obama Administration Conducting a Serious Inves- ing on the following legislation: H.R. 503, the ‘‘Na- tigation of IRS Targeting?’’. Testimony was heard tional Desert Storm and Desert Shield War Memo- from public witnesses. rial Act’’; H.R. 712, to extend the authorization of the Highlands Conservation Act through fiscal year UNFUNDED MANDATES INFORMATION 2024; H.R. 1192, the ‘‘Mount Jessie Benton Fre AND TRANSPARENCY ACT OF 2013 ’mont’’; H.R. 1501, the ‘‘Prison Ship Martyrs’ Monument Preservation Act’’; H.R. 1744, the Committee on Rules: Full Committee held a hearing on ‘‘Multispecies Habitat Conservation Plan Implemen- H.R. 899, the ‘‘Unfunded Mandates Information and tation Act’’; H.R. 2569, the ‘‘Upper Missisquoi and Transparency Act of 2013’’. The Committee granted, Trout Wild and Scenic Rivers Act’’; H.R. 3222, the by record vote of 9–4, a structured rule for H.R. ‘‘Flushing Remonstrance Study Act’’; H.R. 3366, to 899. The rule provides one hour of general debate provide for the release of the property interests re- equally divided and controlled by the chair and tained by the United States in certain land conveyed ranking minority member of the Committee on in 1954 by the United States, acting through the Oversight and Government Reform. The rule waives Director of the Bureau of Land Management, to the all points of order against consideration of the bill. State of Oregon for the establishment of the The rule provides that the bill shall be considered Hermiston Agricultural Research and Extension Cen- as read. The rule waives all points of order against ter of Oregon State University in Hermiston, Or- provisions in the bill. The rule makes in order only egon; H.R. 3802, to extend the legislative authority those amendments printed in the Rules Committee of the Adams Memorial Foundation to establish a report. Each such amendment may be offered only in commemorative work in honor of former President the order printed in the report, may be offered only John Adams and his legacy, and for other purposes. by a Member designated in the report, shall be con- Testimony was heard from the following Representa- sidered as read, shall be debatable for the time speci- tives: Roe (TN); Frelinghuysen; Jeffries; Welch; fied in the report equally divided and controlled by Meng; Walden; and Lynch; and Victor Knox, Asso- the proponent and an opponent, shall not be subject ciate Director, Park and Planning, Facilities and to amendment, and shall not be subject to a demand Lands, National Park Service, Department of Inte- for division of the question. The rule waives all rior; Michael Nedd, Assistant Director, Energy, Min- points of order against the amendments printed in

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Testimony was Full Committee, to resume closed hearings to examine heard from Joseph Szabo, Administrator, Federal responses to questions from the open session on current Railroad Administration; Cynthia L. Quarterman, and future worldwide threats to the national security of Administrator, Pipeline and Hazardous Materials the United States, 2:30 p.m., SVC–217. Safety Administration; Robert L. Sumwalt, National Committee on Banking, Housing, and Urban Affairs: to Transportation Safety Board; and public witnesses. hold hearings to examine the semiannual Monetary Policy Report to Congress, 10 a.m., SD–538. VA ACCOUNTABILITY: ASSESSING Committee on Commerce, Science, and Transportation: Sub- committee on Oceans, Atmosphere, Fisheries, and Coast ACTIONS TAKEN IN RESPONSE TO Guard, to hold hearings to examine North Pacific per- SUBCOMMITTEE OVERSIGHT spectives on Magnuson-Stevens Act reauthorization, 10:30 Committee on Veterans’ Affairs: Subcommittee on a.m., SR–253. Health held a hearing entitled ‘‘VA Accountability: Committee on Energy and Natural Resources: Subcommittee Assessing Actions Taken in Response to Sub- on Water and Power, to hold hearings to examine S. 1419, to promote research, development, and demonstra- committee Oversight’’. Testimony was heard from tion of marine and hydrokinetic renewable energy tech- Robert Petzel, M.D., Under Secretary for Health, nologies, S. 1771, to amend the Wild and Scenic Rivers Veterans Health Administration, Department of Vet- Act to adjust the Crooked River boundary, to provide erans Affairs. water certainty for the City of Prineville, Oregon, S. 1800, to require the Secretary of the Interior to submit PREVENTING DISABILITY SCAMS to Congress a report on the efforts of the Bureau of Rec- lamation to manage its infrastructure assets, S. 1946, to Committee on Ways and Means: Subcommittee on So- amend the Reclamation Safety of Dams Act of 1978 to cial Security held a hearing entitled ‘‘Preventing modify the authorization of appropriations, S. 1965, to Disability Scams’’. Testimony was heard from Caro- amend the East Bench Irrigation District Water Contract lyn Colvin, Acting Commissioner, Social Security Extension Act to permit the Secretary of the Interior to Administration; William B. Zielinski, Deputy Com- extend the contract for certain water services, S. 2010 and missioner of Systems and Chief Information Officer, H.R. 1963, bills to amend the Water Conservation and Social Security Administration; and public witnesses. Utilization Act to authorize the development of non-Fed- eral hydropower and issuance of leases of power privileges at projects constructed pursuant to the authority of the Water Conservation and Utilization Act, S. 2019, to re- Joint Meetings authorize and update certain provisions of the Secure No joint committee meetings were held. Water Act, and S. 2034, to authorize the Secretary of the Interior to establish a program to facilitate the transfer to f non-Federal ownership of appropriate reclamation projects NEW PUBLIC LAWS or facilities, 2:30 p.m., SD–366. Committee on Foreign Relations: to hold hearings to exam- (For last listing of Public Laws, see DAILY DIGEST, p. D158) ine international parental child abduction, 11:15 a.m., S.J. Res. 28, providing for the appointment of SD–419. John Fahey as a citizen regent of the Board of Re- Committee on Health, Education, Labor, and Pensions: busi- ness meeting to consider the nominations of Vivek gents of the Smithsonian Institution. Signed on Feb- Hallegere Murthy, of Massachusetts, to be Medical Direc- ruary 21, 2014. (Public Law 113–84) tor in the Regular Corps of the Public Health Service, S.J. Res. 29, providing for the appointment of and to be Surgeon General of the Public Health Service, Risa Lavizzo-Mourey as a citizen regent of the Board Portia Y. Wu, of the District of Columbia, to be an As- of Regents of the Smithsonian Institution. Signed on sistant Secretary of Labor, Christopher P. Lu, of Virginia, February 21, 2014. (Public Law 113–85) to be Deputy Secretary of Labor, Heather L. MacDougall, of Florida, to be a Member of the Occupational Safety and Health Review Commission, Massie Ritsch, of the

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District of Columbia, to be Assistant Secretary of Edu- Subcommittee on Health, markup on the following cation for Communications and Outreach, and any pend- legislation: H.R. 3548, the ‘‘Improving Trauma Care Act ing nominations, Time to be announced, Room to be an- of 2013’’; H.R. 1281, the ‘‘Newborn Screening Saves nounced. Lives Reauthorization Act of 2013’’; H.R. 1528, the Full Committee, to hold hearings to examine pro- ‘‘Veterinary Medicine Mobility Act of 2013’’; and H.R. moting college access and success for students with dis- 4080, the ‘‘Trauma Systems and Regionalization of Emer- abilities, 10 a.m., SH–216. gency Care Reauthorization Act’’, 4:30 p.m., 2123 Ray- Committee on Homeland Security and Governmental Affairs: burn. to hold hearings to examine recycling electronics, focus- Committee on Foreign Affairs, Full Committee, markup ing on a common sense solution for enhancing govern- on H.R. 2548, the ‘‘Electrify African Act’’, 10 a.m., 2172 ment efficiency and protecting our environment, 1:30 Rayburn. p.m., SD–342. Committee on Homeland Security, Subcommittee on Cy- Committee on the Judiciary: business meeting to consider bersecurity, Infrastructure Protection, and Security Tech- S. 1675, to reduce recidivism and increase public safety, nologies, hearing on H.R. 4007, the ‘‘Chemical Facility S. 149, to provide effective criminal prosecutions for cer- Anti-Terrorism Standards Authorization and Account- tain identity thefts, and the nominations of Steven Paul ability Act of 2014’’, 10 a.m., 311 Cannon. Logan, John Joseph Tuchi, Diane J. Humetewa, Rose- Committee on the Judiciary, Subcommittee on Crime, mary Marquez, Douglas L. Rayes, and James Alan Soto, Terrorism, Homeland Security, and Investigations, hear- all to be a United States District Judge for the District ing entitled ‘‘Bureau of Alcohol, Tobacco, Firearms and of Arizona, Robin S. Rosenbaum, of Florida, to be United Explosives’ Use of Storefront Operations’’, 10 a.m., 2141 States Circuit Judge for the Eleventh Circuit, Bruce Rayburn. Howe Hendricks, to be United States District Judge for Committee on Natural Resources, Full Committee, markup the District of South Carolina, Mark G. Mastroianni, to on the following legislation: H.R. 1103, to amend the be United States District Judge for the District of Massa- Alaska Native Claims Settlement Act to provide that chusetts, and Leslie Ragon Caldwell, of New York, to be Alexander Creek, Alaska, is and shall be recognized as an an Assistant Attorney General, Department of Justice, 10 eligible Native village under that Act, and for other pur- a.m., SD–226. poses; H.R. 1259, the ‘‘Coltsville National Historical Select Committee on Intelligence: to hold closed hearings to Park Act’’; H.R. 2015, the ‘‘Las Vegas Valley Public examine certain intelligence matters, 2:30 p.m., SH–219. Land and Tule Springs Fossil Beds National Monument Act of 2013’’; H.R. 3110, the ‘‘Huna Tlingit Traditional House Gull Egg Use Act’’; and H.R. 3605, the ‘‘Sandia Pueblo Settlement Technical Amendment Act’’, 10 a.m., 1324 Committee on Appropriations, Subcommittee on Com- Longworth. merce, Justice, Science, and Related Agencies, hearing on Subcommittee on Fisheries, Wildlife, Oceans and Insu- the Federal Investments in Neuroscience Research Over- lar Affairs, hearing on the following legislation: H.R. sight, 10 a.m., H–309 Capitol. 3105, the ‘‘Aquaculture Risk Reduction Act’’; H.R. Subcommittee on Labor, Health, and Human Services, 3280, the ‘‘Lacey Act Clarifying Amendments Act’’; H.R. and Education, hearing on Public Health Emergency 3324, the ‘‘Lacey Act Paperwork Reduction Act’’; and Medical Countermeasure Enterprise Oversight, 10 a.m., H.R. 4032, the ‘‘North Texas Invasive Species Barrier 2358–C Rayburn. Act’’, 1:30 p.m., 1334 Longworth. Committee on Armed Services, Full Committee, hearing Subcommittee on Energy and Mineral Resources, hear- entitled ‘‘The Posture of the U.S. Special Operations ing entitled ‘‘Obama Administration Oversight: GAO Command and U.S. Transportation Command’’, 10 a.m., Report—Interior Hiring and Retention Challenges’’, 2 2118 Rayburn. p.m., 1324 Longworth. Subcommittee on Seapower and Projection Forces, Committee on Oversight and Government Reform, Sub- hearing entitled ‘‘Seapower and Projection Forces Capa- committee on Economic Growth, Job Creation and Regu- bilities to Support the Asia Pacific Rebalance’’, 2 p.m., latory Affairs, hearing entitled ‘‘The Administration’s 2212 Rayburn. Proposed Restrictions on Political Speech: Doubling Committee on Education and the Workforce, Subcommittee Down on IRS Targeting’’, 9:30 a.m., 2247 Rayburn. on Early Childhood, Elementary, and Secondary Edu- Subcommittee on National Security, hearing entitled cation; and Subcommittee on Higher Education and ‘‘Afghanistan: Honoring the Heroes of Extortion 17’’, 10 Workforce Training, joint hearing entitled ‘‘Exploring Ef- a.m., 2154 Rayburn. forts to Strengthen the Teaching Profession’’, 10 a.m., Subcommittee on Energy Policy, Health Care, and En- 2175 Rayburn. titlements, hearing entitled ‘‘Examining the Endangered Committee on Energy and Commerce, Subcommittee on Species Act’’, 2 p.m., 2154 Rayburn. Oversight and Investigations, hearing entitled ‘‘Counter- Committee on Science, Space, and Technology, Full Com- feit Drugs: Fighting Illegal Supply Chains’’, 10 a.m., mittee, hearing entitled ‘‘Mars Flyby 2021: The First 2322 Rayburn. Deep Space Mission for the Orion and Space Launch Sys- Subcommittee on Energy and Power, hearing entitled tem?’’, 10 a.m., 2318 Rayburn. ‘‘Benefits of and Challenges to Energy Access in the 21st Committee on Transportation and Infrastructure, Sub- Century: Electricity’’, 10:15 a.m., 2123 Rayburn. committee on Highways and Transit, hearing entitled

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‘‘Improving the Nation’s Highway Freight Network’’, 10 fectiveness of VA’s Vocational Rehabilitation and Em- a.m., 2167 Rayburn. ployment Program’’, 10 a.m., 334 Cannon. Committee on Veterans’ Affairs, Subcommittee on Eco- House Permanent Select Committee on Intelligence, Full nomic Opportunity, hearing entitled ‘‘Review of the Ef- Committee, hearing entitled ‘‘Ongoing Intelligence Ac- tivities’’, 10 a.m., 304–HVC.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, February 27 10 a.m., Thursday, February 27

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Complete consideration of H.R. morning business (not to extend beyond one hour), Senate 2804—All Economic Regulations Are Transparent Act of will continue consideration of S. 1982, Comprehensive 2014. Veterans Health and Benefits and Military Retirement Pay Restoration Act, with a series of votes beginning at 2 p.m. Also, Senate expects to consider the nomination of Michael L. Connor, of New Mexico, to be Deputy Sec- retary of the Interior.

Extensions of Remarks, as inserted in this issue

HOUSE Courtney, Joe, Conn., E249 Polis, Jared, Colo., E250 Gardner, Cory, Colo., E249, E253 Pompeo, Mike, Kans., E254 Barber, Ron, Ariz., E254 Gosar, Paul A., Ariz., E248 Quigley, Mike, Ill., E250, E253 Becerra, Xavier, Calif., E248, E251 Graves, Sam, Mo., E247, E248, E249, E250 Rothfus, Keith J, Fla., E252 Bera, Ami, Calif., E247 Grayson, Alan, Fla., E255 Sewell, Terri A., Ala., E254, E256 Bruce L. Braley, Iowa, E250 Latham, Tom, Iowa, E247, E248 Bustos, Cheri, Ill., E247, E250, E252 McDermott, Jim, Wash., E247, E254 Thompson, Bennie G., Miss., E257 Capps, Lois, Calif., E251 McNerney, Jerry, Calif., E249 Thompson, Mike, Calif., E248, E251, E252 Cartwright, Matt, Pa., E249, E252, E253 Marchant, Kenny, Tex., E253 Webster, Daniel, Fla., E253 Coffman, Mike, Colo., E253 Peters, Scott H., Calif., E252

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